HomeMy WebLinkAboutContract 38387 —I=`P`
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C'01`,-JTR_41CT NO'
AGREEMENT
FOR MAINTENANCE AND LANDSCAPING SERVICES
THIS AGREEMENT ("Maintenance-Agreement") is made and entered into this 216th
day of March, 2009, by and between the City of Fort Worth, a home rule municipal corporation
situated in Tarrant, Denton, Parker, and Wise Counties, Texas (hereinafter referred to as **City")
and Carlyle/Cypress West 7`h, LP, a Texas limited partnership (hereinafter referred to as
SECTION I
DESCRIPTION OF PROPERTY
1.01 The City and Developer hereby agree that Developer will provide, furnish, and perform
the services specified herein on City-owned medians and right-of-ways (hereinafter called the
"Project Sites") located on West 7`" Street, Norwood Street, Crockett Street, and Currie Street as
further described in this Agreement in Exhibit A", attached and incorporated into this
Agreement.
SECTION 2
DUTIES AND RESPONSIBILITIES
1.01 Developer shall commence, carry on, and provide such services in accordance with this
Agreement and its attachments and all applicable laws. In providing such services, Developer
shall take such steps as are appropriate to ensure that the work involved is properly coordinated
with any related work performed by the City or the City's authorized representative.
2.02 Developer represents that it has or will secure, at its own expense, all materials, supplies,
machinery, equipment, tools, superintendence, labor, personnel, insurance, and other accessories
and services necessary to provide maintenance of the following elements ("Improvements"), all
of which are to be installed pursuant to and as more particularly described in Construction
Contract between Developer and Conatser Construction, Developer's General Contractors,
which contract is the subject of Community and Facilities Agreement Contract No, 36292
between Developer and the City of Fort Worth Transportation and Public Works Department
(such Construction Contract and Community and Facilities Agreement Contract are referred to
herein as "Contracts"):
a. Maintain landscaping and private irrigation systems, components, and sumps.
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Remove and replace dead vegetation. Make sure any cracks in sidewalks are weed
free. Trees and shrubs need to be trimmed and pruned according to their species.
Make sure trash is picked up on a regular basis
b. Maintain special sidewalk, ADA ramps, brick pavers, and pavement treatments,
c. Maintain seatinL, walls, newsracks, trash receptacles., benches (,all types), waterproof
Outlets. handrails, Bollard's, signage, conduits., lighting, and all private utilities,
& Maintain desionated on-street parking
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e. Maintain all PVC stub outs and drain lines connected to City storm drain inlets,
f. Maintain lights attached to buildings inc tudm-_�—Ar+ng-+g is and wall sconces.
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Page 1 of 12
g. Maintain landscape uplights, step lights, led ingrade lights, and Ballard lights,
h. Maintain all the tree well types
i. Maintain Banners attached to Street lights according to City policy.
j. Maintain all sleeves,
103 The City shall be responsible for maintaining its streets and travel lanes excluding the
aforementioned designated on-street parking and special pavement treatments in accordance with
normal City policies and procedures. The City shall take such steps as are appropriate to ensure
that the work involved is properly coordinated with any related work performed by Developer or
the Developer's authorized representative.
2.04 In the event that any City-owned property, such as utilities, equipment, turf, etc., are
damaged or destroyed during watering, or maintenance of the landscape improvements due to
negligence or acts of omissions of Developer, Developer shall be responsible for all repairs or
replacements.
2.05 In the event Developer, its successor or assigns, fails to maintain the areas described in
Section 2.02 in the manner required by this Maintenance Agreement, City shall provide written
notice of the non-compliant conditions to Developer, its successor or assigns. Developer, its
successors or assigns, shall make any necessary repairs to comply with this Maintenance
Agreement within thirty (30) days of receipt of such written notice or, if such repairs are not
reasonably able to be completed within thirty (30) calendar days, Developer shall have, within
that period, begun work on such repairs and shall diligently pursue them to completion,
Provided, however, that if the non-compliant conditions creates a condition which poses an
immediate threat to life, health, or property such repair shall be completed within thirty (30) days
of receipt of written notice. If Developer, its successors or assigns, does not make such repairs
as provided herein, the City may enter upon the Project Sites and take whatever steps reasonably
necessary to correct the non-compliant conditions and to charge the costs of such repairs to
Developer, its successors and assigns.
2.06 In the event the City pursuant to this Agreement, performs any work of any nature that is
Developer's obligation hereunder and which Developer has failed to perform, or expends any
funds in performance of said work for labor, use of equipment, supplies, materials, and the like
that is Developer's obligation hereunder and which Developer has failed to perform, Developer,
its successors or assigns, shall reimburse the City upon demand, within thirty (30) days of receipt
thereof for the cost difference between the City's standard street pavement design and the
Improvements installed by the Developer and for the total cost of any repairs that are outside of
the street pavement area. In the event that Developer or its successors or assigns fails to pay the
City for the costs incurred under this section. the City shall impress a lien for the costs of such
work upon other lots within the Project Site area owned by Developer. Such lien shall be
perfected by filing in the office of the County Clerk of Tarrant County, Texas an affidavit
identifying the property to be charged with such lien, stating the amount thereof, and making
reference to this Agreement. A release of lien shall be filed in the off-ice of the County Clerk of
Tarrant County, Texas upon reimbursement by Developer for all reasonable and actual costs
incurred by the City for the work performed.
Page 2 ot' 12
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2.07 In the event the City performs any work of any nature. or expends any funds in
performance of said work, on any of the areas requiring maintenance by Developer as described
in Section 2.022, the City shall return those areas to their original condition upon completion of
the work.
SECTION 3
TERM OF AGREEMENT
This Agreement shall be recorded among the land records of Tarrant County, Texas, and shall
constitute a covenant running with the land, and shall be binding on Developer, its successors
and assigns, and any other successors in interest with respect to the Project Sites.
SECTION 4
TITLE AND CONSTRUCTION
4.01 The Parties acknowledge that the Improvements to be maintained as provided in this
Agreement are the subject of the Contracts and that all necessary reviews, approvals, consents.,
inspections and modifications of such Improvements, if any, have been or will be made pursuant
to those Contracts. Subject to the provisions of the Contracts, Developer shall retain ownership
of the landscaping plants, special sidewalk and pavement pavers, benches.
, project signage,
special lighting and other Improvements located in the City right-of-way pursuant to the
Contracts.
SECTION 5
RIGHT OF ACCESS
5.01 City does not relinquish the right to control the management of the Project Sites, or the
right to enforce all necessary and proper rules for the management and operation of the same.
City through its Manager. Transportation and Public Works Director, police and fire personnel,
and other designated representatives, has the right at any time to enter any portion of the Project
Sites (without causing or constituting a termination of the use or an interference of the use of the
Project Sites by Developer) for the purpose of inspecting and maintaining the same and doing
any and all activities necessary for the proper conduct and operation of public property.- provided
this shall not authorize or empower City to direct the activities of Developer or assume liability
for Developers activities.
5.02 The City will have the right but not the obligation to make routine inspections of the
Project Sites. In the event the City observes non-compliance of an area or a condition which
poses an immediate threat to life, health, or property. the City shall notify Developer in writing
and give a reasonable period of time to correct the area in accordance with Section 2.05 of this
Agreement.
5.03 Developer shall inspect the areas described in Section 2.02 and submit an inspection
report to the City annually. The purpose of the inspection is to assure safe and proper functioning
of the Improvements described in Section 2.02. The inspection shall cover the entire areas
described in Section 2.02.1 and portions thereof which need maintenance or replacement to
Page 3 of 12
perform their design function shall be noted in the inspection report along with the corrective
actions to be taken.
SECTION 6
INDEMNIFICATION
6.01 DEVELOPERS, ITS SUCCESSORS OR ASSIGNS, AGREES TO DEFEND,
INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, AGENTS, VOL[,NTEERS, AND
EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS,
COSTS AND EXPENSES OF ANY KIND, INCL UDIAG, BUT NOT LIMITED TO, THOSE
FOR PROPERTY DAMAGE OR LOSS (INCL UDIArG ALLEGED DAMAGE OR LOSS TO
OWNER'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE
OCCASIONED BY (i) DEVELOPERS BREACH OF ANY OF THE TERMS OR
PROVISIONS OF THIS AGREEMENT OR (ii)ANYIVEGLIGENT ACT OR OMISSION OR
INTENTIONAL MISCONDUCT OF DEVELOPER, ITS OFFICERS, AGENTS,
ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR
SUBCONTRACTORS, RELATED TO LANDSCAPE MAINTENANCE OR THE
PERFORMANCE OF THIS AGREEMENT, EXCEPT THAT THE INDEMNITY
PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY
RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS OFFICERS,
AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS, AND IN THE EVENT OF
JOINT AND CONCURRENT NEGLIGENCE OF BOTH DEVELOPER AND CITY,
RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN
ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. NOTHING HEREIN
SHALL BE CONSTRUED AS A WAIVER OF THE CITY'S GOVERNMENTAL
IMMUNITY AS FURTHER PROVIDED BY THE LAWS OF TEXAS.
6.02 Developer, its successors or assigns, covenants and agrees that City shall in no way, nor
under any circumstances be responsible for any property belonging to Developer, its members,
employees, agents, contractors, subcontractors, invitees, licensees, or trespassers, which may
be stolen, destroyed, or in any way damaged, and Developer hereby indemnifies and holds
harmless City from and against any and all such claims. The City does not guarantee police
protection and will not be liable for any loss or damage sustained by Developer, its members,
employees, agents, contractors, subcontractors, invitees, licensees, or trespassers on any of the
premises.
6,03 It is further agreed that the acceptance of this Release shall not constitute a waiver by
the City of Fort Worth of any defense of governmental immunity, where applicable, or any
other defense recognized by the Statutes and Court decisions of this State.
SECTION 7
INSURANCE
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7.01 Developer shall not commence work under this Agreement until it has obtained all the
insurance required under the Contracts and the City has approved such insurance. Developer
shall be responsible for delivering to the City Developer's certificate of insurance for approval.
Subcontractors shall provide to Developer documentation of insurance reasonably equivalent to
that required of Developer's General Contractor under the Construction Contract, according to
the liability exposures related to the subcontractor's services and/or materials.
A. Commercial General Liability Insurance: Developer shall procure and maintain during
the life of this contract and any extension period, a commercial general liability
insurance policy in the amount not less than $1,000,000 covering each occurrence.
B. Worker's Compensation Insurance: Developer shall procure and maintain during the life
of this contract and any extension period, Workers' Compensation and Employers'
Liability insurance coverage with limits consistent with statutory benefits outlined in
the Texas Workers' Compensation Act (Art. 8308 — 1.01 et seq. Tex. Rev. Civ. Scat.}
and minimum policy limits for Employers' Liability of $100,000 each
accident/occurrence. $100,000 each disease per employee and $500,000 disease
policy limit.
C. Automobile Insurance: Developer shall procure and maintain, during the life of this
contract and any extensive period, a comprehensive bodily injury and property
damage automobile liability policy in the amount not less than $1,000,000.00 for each
accident. This policy shall cover`any automobile used by Developer within the scope
of this contract.
7.02 The insurance specified in 7.01. hereof shall comply with the following requirements:
a. The City of Fort Worth, it's Officers, Employees, and Volunteers shall be named as
an Additional Insured on Developers Insurance Policies. The additional insured
status does not apply to Worker's Compensation policies.
b. Any failure on the part of the City to request required insurance documentation shall
not constitute a waiver of the insurance requirements specified herein.
c. Each insurance policy shall be endorsed to provide the City a minimum thirty
days notice of cancellation, non-renewal, and;or material change in policy terms or
coverage. A ten-day notice shall be acceptable in the event of non-payment of
premium,
d. Wavier of rights of recovery (subrogation) in favor of the City of Fort Worth.
e. Except for workers' compensation, all insurers must have a minimum rating of A: VII
in the current A. M. Best Key Rating Guide or have reasonably equivalent financial
strength and solvency to the satisfaction of' Risk Management. If the rating is below
that required., written approval of Risk Management is required.
17. If insurance policies are not written for specified coverage limits, an Umbrella or
Excess Liability insurance for any differences is required. Excess Liability shall
follow form of the primary coverage,
u. Unless otherwise stated, all required insurance shall be written on the -occurrence
basis".
h. The City. at its sole discretion, reserves the right to review the insurance
requirements and to make reasonable adjustments to insurance coverages and their
limits when deemed necessary and prudent by the City based upon changes in
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statutory law, court decision or the claims history of' the industry as well as of the
contracting party to the City of fort Worth. The City shall be required to provide
prior notice of ninety (90) days.
i. Deductible limits, or self-funded retention limits, on each policy must not exceed
$10,000.00 per occurrence unless otherwise approved by the City.
j. City will not be responsible for the direct payment on insurance premium costs for
Developer's insurance.
L Developer's insurance policies shall each be endorsed to provide that such insurance
is primary protection and any self-funded or commercial coverage maintained by City
shall not be called upon to contribute to loss recovery.
I. While the Agreement is in effect, Developer shall report, in a timely manner, to the
City any known loss occurrence that could give rise to a liability claim or lawsuit or
which could result in a property loss.
m. Upon the request of City, Developer shall provide complete copies of insurance
policies required by these contract documents,
n. Insurance certificates satisfactory to the City must be received before Developer
can begin work. Failure to supply and maintain such insurance shall be a
breach of contract.
7.03 The City acknowledges that the insurance described on the Insurance Certificate attached
hereto as Exhibit B satisfies the insurance requirements of this Maintenance Agreement.
SECTION 8
INDEPENDENT CONTRACTOR
8.01 Developer shall perform all work and services hereunder as an independent contractor
and not as an officer, agent, servant or employee of the City. Developer shall have exclusive
control of, and the exclusive right to control the details of the work performed hereunder, and all
persons performing same, and shall be solely responsible for the acts and omissions of its
officers, agents, employees and subconsultants (or subcontractors). Nothing herein shall be
construed as creating a partnership or joint venture between the City and Developer, its officers,
agents, employees and subconsultants (or subcontractors), and doctrine of respondent superior
has no application as between the City and Developer.
SECTION 9
LICENSES AND PERMITS
9.1 Developer shall comply with all federal, state and local laws, rules and regulations as
well as with all regulations, restrictions and requirements of the police, fire and health
departments now or hereafter in effect which are applicable to its operations. Developer shall
obtain and keep in effect at its own cost and expense all licenses., permits, and taxes incurred or
required in connection with this Agreement and its operations hereunder.
SECTION 10
LIENS
Page 6 of` 12
10.01 Developer. its successors or assigns, agrees that it shall do no act nor make any contract
that may create or be the foundation for any lien upon or interest in the City's property, and any
such contract or lien attempted to be created shall be void. Should any purported lien on City
property be created or filed, Developer, its successors or assigns, at its sole expense, shall
liquidate and discharge same within thirty (30) days after notice from City to do so.
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SECTION 11
TERMINATION AND DEFAULT
11.01 Subject to the provisions of Section 12,02 below, in the event Developer fails to comply
with any of the terms and conditions of this Agreement after notice and the passage of the
appropriate cure period provided in this Maintenance Agreement, City shall have the right, and
without further notice, to declare this Agreement immediately terminated by written notice to
Developer and to enter into and take full possession of the Project Sites save and except such
personal property and equipment as may be owned by Developer. In the event of such
cancellation of this Agreement by the City, all rights, duties and privileges of Developer
hereunder shall cease and terminate.
11.02 Developer shall be notified by written correspondence of Developer's failure to comply
with any of the terms and conditions of this Agreement. Developer shall have thirty (30)
calendar days from the date of written correspondence to correct deficiencies or, if such
deficiencies are not reasonably able to be corrected within thirty (30) calendar days, Developer
shall have, within that period, begun work on such corrections and shall diligently purse them to
completion.
11.03 Upon termination, the parties shall be released from all obligations contained in this
Agreement except for the indemnification requirements found in Section 6 of this Agreement.
11.04 Termination notice shall be considered rendered when placed in the United States Postal
Service for delivery to the other party in accordance with Section 14.
SECTION 12
NON-DISCRIMINATION/DISABILITIES
12.01 Developer, in its maintenance, occupancy, or use of said the Project Sites shall not
discriminate against any person or persons because of race, age,
, gender, religion, color, national
origin, sexual orientation, or disability.
SECTION 13
NOTICES
13,01 Any notice required shall be sufficient if deposited in the U.S. Mail, postage prepaid and
addressed to the other party as follows:
Page 7 of 122
CITY
City of Fort Worth
Transportation & Public Works Department
George Behmanesh
1000 Throckmorton
Fort Worth. Texas 76102
With copy to.:_
City Attorney's Office
1600 Throckniorton
Fort Worth, Texas 7610`'
CARLYLE/CYPRESS WEST 7 I--P
15601 Dallas Parkway
STE 400
Addison, TX 75001
SECTION 14
VENUE AND JURISDICTION
14.01 This Agreement shall be governed by the laws of the State of Texas. Venue for any
action brought to interpret or enforce, or arising out of or incident to, the terms of this Agreement
shall be in Tarrant County, Texas or the United States District Court for the Northern District of
Texas, Fort Worth Division.
SECTION 15
SUBLETTING AND ASSIGNING
15.01 Developer agrees that it will not subcontract or assign all or any part of its rights,
privileges or duties hereunder without the prior written consent of the City and any attempted
subcontract or assignment of same without such prior consent of the City shall be void except
that Developer may, without prior written consent, assign any or all of its rights, privileges or
duties hereunder to an affiliate (defined as an entity under common control with Developer) or to
an authorized Public Improvement District whose boundaries include the Project Site ("Allowed
Assignment"). In the event of an Allowed Assignment, Developer will notify the City within
thirty (30) days of'such assignment. If notice of an Allowed Assignment is not provided within
thirty (30) days to the City such assignment shall be void. In the event of an assignment
permitted above, Developer shall automatically be released from any further obligation or
liability under this Maintenance Agreement. Notwithstanding the foregoing, or anything in this
Maintenance Agreement to the contrary. it is understood and agreed that Developer will contract
or subcontract various parts of its obligations hereunder to other to perform on behalf of
Developer, and such contracting or subcontracting is expressly permitted hereunder.
15.02 Subject to the limitations contained herein, the covenants, conditions and agreements
made and entered into by the parties hereunder are declared to be for the benefit of and binding
on their respective successors, representatives and permitted assigns, if any.
Page 8 of 12
SECTION 16
WAIVER, SECTION HEADINGS, AND SEVERA, BILITY
16.01 It is agreed that in the event any covenant, condition or provision herein contained is held
to be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition or
provision shall in no way affect any other covenant, condition or provision herein contained,
provided however, that the invalidity of any such covenant, condition or provision does not
materially prejudice either Developer or City in connection with the rights and obligations
contained in the valid covenants, conditions or provisions of this agreement.
16.02. The waiver by the City of any default or breach of a term, covenant or condition of this
Agreement shall not be deemed to be a waiver of any other breach of that term, covenant or
condition or any other term, covenant or condition of this Agreement, regardless of when the
breach occurred.
16.03 The headings in this Agreement are inserted for reference only, and shall not define or
limit the provisions hereof.
SECTION 17
SUCCESSORS AND ASSIGNS.
17.01 This Agreement shall be recorded in the Real Property Records of the applicable county
and shall be a covenant running with the land binding upon all parties having any right, title or
interest in the Property or any part thereof, including, their heirs, successors and assigns, and shall
inure to the benefit of the owners of the Property and to the City.
SECTION 18
ENTIRE UNDERSTANDING
18.01 This written instrument including all Attachments, Schedules, and Exhibits attached
hereto constitutes the entire Agreement by the parties hereto concerning this Agreement and the
t- Z1-
obligations of the parties and any prior or contemporaneous oral or NvTitten agreement that
purports to vary from the terms hereof shall be void. This Agreement cannot be modified or
amended without the written consent of all the parties hereto and attached and made a part of this
Agreement.
18.02 Neither this Agreement nor any provision hereof may be modified except by an
instrument in writing, signed by the par-ties. This Agreement shall be binding upon and inure to
the benefit of the parties hereto and their respective successors and assigns.
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IN WITNESS WIIE'REOF. the parties have executed this Agreement in multiples, this 26th
day of March, 2009,
CITY OF FORT WORTH
Fernando Costa
Assistant City Manager
Approved a's to,,J�ofm and Legality
J" a !UVAJ 4'-.ii
By: k , !
Assistant City Attorney
Page 10 of 12
CARLYLE/CYPRESS WEST 7""', LP
a Delaware limited partnership
By: Carlyle:J'Cypress West 7`" GP, U C,
a Delaware limited liability company.
its general partner
By: Carlyle.','Cvpress Retail 1, L-P.,
a Delaware limited partnership,
its Sole Member
By: Cypress Equities, H.C.
a Delaware limited liability company,
its Ge al hart r
By:
Name: Brian Parry
Title: %Ace
Page 11 of 12
Attest:'j-1v\ -
I'viarty Hendrix, City 'S cretary�
-M&C ----23386
Date,3
-
DOE4 6153
OFFUGI-AL RECORD ',
c 7-
ill, C RE I—
WORTH,
FHESTATE OFTI1-'XAS §
COUNTY OFTARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Fernando Costa, known to rue to be the person whose name is
subscribed to the foregoing, instrument, and acknowledged to me that he/she executed the same
for the purposes and consideration therein expressed, as the act and deed of the City of Fort
Worth, and in the capacity therein stated.
1 day of
GIVEN UNDER MY 14AND AND SEAL OF OFFICE this lie
?-Ow
Notary Public in and for the
State of Texas
THE STATE OF TEXAS
COUNTY OFTARIK-ANT
!r 4,
BEFORE ME. the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared —13dan parrn_, known to me to be the person
whose name is subscribed to the foregoing instrument. and acknowledged to me that he/she
executed the same for the purposes and consideration therein expressed, asvke idntlG
Carlyle/Cypress West 7`h GP , LLC, a Texas limited liability company, general partner of
Carlyle/Cypress West 7`I', L.P., a Texas limited partnership, as the act and deed of said limited
liability company and said limited partnership.
1f1 44-
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
2009.
IM
Mv commmlon 000"
Wn "
May
t.2010 Notary Public in end for the
State of Texas
'-45-1,44v]
Page 12 of L2
L-
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pxm/scr West 7"
PROJECT NUMBER 10—(]7127.00 ne
oxrc March 25. 2O09
Description of Streetscape Ummprovemnemts:
NC Block:
HordscmpeImpmvem,n(s:
All ROW*
|. All sidewalks will beo combination of the following: gray rock salt finish
concrete orshake-on acid etch finish colored concrete with a score pattern
or clay pavers on concrete sub-base with mortar setting bed at the corners
with a contrasting color radial paver band.
2. Handicap ramps will have side slope flares that will be brick on concrete
sub'baaevvidh mortar setting bed to rno1ch sidewalks azcorners. Ramps will
consist of brick with 2' wide band uf contrasting tactile pavers at bottom nf
ramps.
]. Illuminated Metz/ bollards will be placed along the edge of the open plaza
along Crockett Street.
4. In-ground lights will be located in the pavers ur concrete outside the ramps
at corners at intersections along Crockett at Currie and Norwood and at
the central open plaza.
5. Decorative pedestrian scaled street lights with banner arms will be placed
within the KC}YY's.
6. Up-lights within planted tree-wells will occur along West 7".
7. Waterproof duplex outlets will occur within large tree vve/b along Crockett
and at Currie and Numvuud intersections and along West 7"
8. Step lights will occur at all cheekowa/|s adjacent to concrete steps.
9. Luvv integrally colored concrete vvu/b and cheekm/aUs with u false form-hole
pattern will occur along various R{]YYs and at required concrete steps.
10. Aluminum finish metal handrails will be provided adjacent to all cheekwalls
at steps.
/ /. Ends of concrete cheekwalls will be capped with a faux-finish corten steel
metal plate.
12. PVC drains and stub-outs from storm inlets.
/3. All types of site benches,trash receptacles and planter pots.
14. Decorative metal poles for streetaignage.
15. Overhead string lights suspended between NC and SC Block buildings.
Landscape Improvements:
All plants within the ROW will be maintained at a maximum height of 24 inches,
All tree and plants will be provided with anautomatic irrigation system.
Streetscape improvements will consist of the following based on location:
jR2KlAbsociu,es Inc. Note: Liriope species will vary by street or location.
/7/7 Pacific Avenue Norwood Street ROW:
Dallas, IX75z01-4688
|. 5` wide x variable length open tree wells planted with a border ofLirinpe
and in-filled with Harbor Dwarf Nand/nn and Dwarf Fountain Gross,
2/407 | 8877
2. All trees along Norwood Street will be Drake Elm.
FAX 2 |4O7 | 7033
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09 coc
E )( H | B | T A
pxOJscr West 7th DATE peuxuAxr m, zuuv
1 All trees will be provided with asurnp if required (based on an on-site
percolation test)
West 7~ Street ROW.
/, 5' x |0' open tree wells planted with a border of Liriope and in-filled with
alternating planting of Harbor Dwarf Nandinawith DvvarfCannas or Wood
Fern with Spider Lily.
2. Longer planted tree wells will include Asian jasmine and |' square concrete
stepping stone.
3. All trees along West 7thStreetwill be Live Oak.
4. All trees will be provided with a sump if required (based on an on-site
percolation test)
Crockett Street ROW:
/. Small triangular open tree wells will be planted with a border of Liriope
Spicaca and large triangular open tree vve/b will be planted with a border of
Liriope and in-filled with Twisted Leaf Yucca and Spider Li/y.
l Tree well planting at corners will be bordered with Liriope and in-filled with
Salvia and /\dun jasmine.
3. Trees in small tree wells will beChita|paand large tree wells will be planted
with Live Oak.
4. All trees will be provided with a sump if required /based on an on-site
percolation test)
Currie Street ROW.
{. 5' x {O' open tree wells planted with a border of Liriope and in-filled with
alternating planting of Salvia or Rosemary with Iris.
2. Tree well planting at corners will be bordered with Liriope and in-filled with
3a/via and Asian jasmine.
3. All trees along Currie Street will be Live Oak.
4. All trees will be provided with asurnp if required (based on an on-site
percolation test)
SC Block:
Honfscope /mprovemnents:
All ROW.
/. All sidewalks will be a combination of the following: gray rock salt finish
concrete or shake-on acid etch finish colored concrete with ascore pattern
or clay pavers on concrete sub-base with mortar setting bed at the corners
with a contrasting color radial paver band.
l Handicap ramps will have side slope flares that will be brick on concrete
sub-base with mortar setting bed to nnuzch sidewalks atcorners. Ramps will
consist of brick with 2' wide band of contrasting tactile pavers at bottom of
ramps.
3. Illuminated Metal bollards will be placed along the edge of the open plaza
along Crockett Street.
4. In-ground lights will be located in the pavers or concrete outside the ramps
at corners at intersections along Crockett acCurrie and Norwood and at
the central open plaza.
S. Decorative pedestrian scaled street lights with banner arms will be placed
within the KOVV's.
pxcs 2 OF 9
E }( H | B | T A ^
pnojecr \x/emt 7th DATE FEBRUARY 18, 2009
6. Waterproof duplex outlets will occur within large tree wells along Crockett
and ac Currie and Norwood intersections.
7. Step lights will occur at all cheekvva/|s adjacent to steps.
8. Low integrally colored concrete walls and cheekm/a||svvich a false form-hole
pattern will occur along various ROVYsund at required concrete steps.
9. Aluminum finish metal handrails will be provided adjacent to all cheekwalls
at steps.
10. Ends of concrete cheekwalls will be capped with a faux-finish corten steel
metal plate.
II. PVC drains and stub-outs from storm inlets.
|Z. All types of site benches, trash receptacles and planter pots.
13. Decorative metal poles for street signage.
14. Overhead string lights suspended between MC and 5C Block buildings.
Landscape Improvements.
All plants within the R[)YY will be maintained at maximum height of 24 inches.
All tree and plants will be provided with an automatic irrigation system.
btreetycape improvements will consist of the following based on location:
Note: Liriope species will vary by street or location.
Norwood Street ROW
|. Variable length planting beds planted with a border of Liriope and in-filled
with Harbor DvvarfNundina. Knock Out Rose, or Dwarf Fountain Grass.
2. Small 4' x |O' tree wells will be planted with a border of Liriope and in-
filled with [}ayNy. lFrees in small tree wells will be Pond Cypress.
4. All other street trees along Norwood Street will be Drake Bnn.
S. All trees will ba provided with a sump if required (based onanon-site
percolation test)
Crockett Street ROW.
/. Small triangular open tree wells will be planted with a border of Liriope
Spicata and large triangular open tree wells will be planted with a border of
Liriope and in-filled with Twisted Leaf Yucca and Spider Lily.
2. Tree well planting at corners will be bordered with Liriope and in-filled with
Salvia, Harbor DvvarfNandina and As/an jasmine.
3. Trees in small tree wells will be Chita|paand large tree wells will be planted
with Live Oak.
4. All trees will be provided with msonmp if required /based on an on-site
percolation test)
Currie Street ROW.
|. 5' wide planting beds along curb will be planted with a border of Liriope and
in-filled with alternating planting of Salvia or Red Yucca and Asian jasmine.
2. All trees along Currie Street will be Live C>sh.
3. All trees will be provided with umummp if required (based on an on-site
percolation test)
Morton Street ROW
|. 5' wide x |0' open tree wells will be planted with a border o{Liriope and
in-filled with Salvia and Iris.
2. Large planting beds will be bordered with Liriope and in-filled with Knock
Out Rose,
3. All trees along Morton Street will be Drake Elm.
p^ce 3 OF 9
E )( H | B | T /\
,no|ecr West 7th mAre FEunuwu, m, zonp
4, All trees will be provided with z sump if required (based onanon-site
percolation test)
NE Block:
Hmrdsco e /mprovements:
All ROW
/. All sidewalks will bea combination of the following: gray rock salt finish
concrete or shake-on acid etch finish colored concrete with ascore pattern
or clay pavers on concrete sub-base with mortar setting bed at the corners
with a contrasting color radial paver band.
2. Handicap ramps will have side slope flares that will be brick on concrete
sub-base with mortar setting bed to match sidewalks accorners. Ramps will
consist of brick with 2' wide band of contrasting tactile pavers at bottom of
rumps.
]. In-ground lights will be located in the pavers outside the ramps at corners
at intersections along Crockett at Currie.
4. Decorative pedestrian scaled street lights with banner arms will be placed
within the R(]VY's.
5. Up-lights within planted tree-wells will occur along West 7^.
6. Waterproof duplex outlets will occur within large true vve||s along Crockett
and at Currie and Norwood intersections and along West 7`^
7. Step lights will occur at all cheekvva||s adjacent to steps.
8. Low integrally colored concrete vva||s and cheekvvu||s with u false form-hole
pattern will occur along various ROYVs and u1 required concrete steps.
9. Aluminum finish metal handrails will be provided adjacent to all cheekvvu||s
at steps.
10. Ends of concrete cheekwalls will be capped with a faux-finish corten steel
metal plate.
| I. PVC drains and stub-outs from storm inlets.
12. All types of site benches, trash receptacles and planter pots.
|]. Decorative metal poles for street signage.
Landscape Improvements:
All plants within the R{lVV will be maintained at nnaxinnunn height of24 inches.
All tree and plants will be provided with an automatic irrigation system.
Streetscape improvements will consist of the following based on location:
Note: Uriope species will vary by street or location.
West 7* Street ROW,
|. 5' x /O` open tree vve||s planted with a border of Liriope and in-filled with
alternating planting of Harbor Dwarf Nondinawith 0vvarfCannms or Wood
Fern with 5p/der Lily.
2. Longer planted tree wells will include Asian jasmine and |' square concrete
stepping stone.
1 All trees along West 7"" Street will be Live Oak.
4. All trees will be provided with a sump if required (based onanon-site
percolation test)
Crockett Street ROW,
p«oc 4 OF 9
E )( H | B | T A
pxo/ccr West 7th DATE FEBRUARY 18, 2009
/. Small triangular open tree wells will be planted with a border ofUhope
Spicata and large triangular open tree wells will be planted with a border of
Liriupeznd in-filled with Twisted Leaf Yucca and Spider Lily.
l. Tree well planting at corners will be bordered with Liriope and in-filled with
Salvia and Asian jasmine and Harbor [}vvorf Nzndina and Iris.
3. Planting areas at garage entry drive will be bordered with Liriope and in-
filled with Twisted Leaf Yucca, Dwarf Fountain (Snos and Iris.
4. Trees in small tree vve||s will be Chita|pa and large tree vve/|s will be planted
with Live Oak.
5. All trees will be provided with a sump if required /based on an on-site
percolation test)
Currie Street ROW,
|. 5` x |U` open tree wells planted with a border ofLirinpe and in-filled with
alternating planting of Salvia or Rosemary with Iris.
2. Tree well planting atcorners will be bordered with Lir|ope and in-filled with
Salvia and Asian jasmine or Red Yucca.
3. All trees along Currie Street will be Live Oak.
4. All trees will be provided with a sump if required (based onunon-site
percolation test)
Foch Street ROW.
|. Wide planting areas will be planted with a border ofLiriope and in-filled
with alternating planting ofHarbor DvvurfNundina and Dwarf Palmetto or
8a/via with Dwarf Canna.
I. All trees along Foch Street will be Drake Brn.
]. All trees will be provided with a sump if required (based onunon-site
percolation test)
PAGE 5 OF 9
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City of Fart Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/10/2009
DATE: Tuesday, March 10, 2009 REFERENCE NO.: **C-23386
LOG NAME: 2020ROWW7MAINT
SUBJECT:
Authorize Execution of One Streetscape Maintenance Agreement for Maintenance and Landscaping
Services with Carlyle/Cypress West 7th, LP, for the Mixed Use Development on West 7th Street at No
Expense to the City of Fort Worth
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an Agreement for Streetscape
Maintenance and Landscaping Services with Carlyle/Cypress West 7th, LP, for the Mixed Use
Development on West 7th Street.
DISCUSSION:
The Agreement for Streetscape Maintenance and Landscaping Services is necessary to assure proper
maintenance of improvements by the owner, Carlyle/Cypress West 7th, LP. The Agreement will include
the maintenance for the proposed Hardscape and Landscaping in the right-of-way. The terms of the
private maintenance agreement are required by the Transportation and Public Works Department to allow
for the construction of non-standard parkway improvements in the project. The improvements are located
on West 7th Street, Norwood Street, Crockett Street and Currie Street. The maintenance shall occur at no
expense to the City of Fort Worth.
This property is located in COUNCIL DISTRICT 9, Mapsco 076B.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating_Department Head: William A. Verkest P.E. (7801)
Additional Information Contact: Lester England (8366)
ATTACHMENTS
1. 2020R0WW7 w AlNT. df (Public)