HomeMy WebLinkAboutContract 64089Date Received: l0/09f2025 ------Permit No.: MAINT25-009
64089 T. R . d 1:20 p.m. 1me ece1ve : _____ _ City Secretary No.: _______ _
AGREEMENT
FOR MAINTENANCE OF NON-STANDARD
IMPROVEMENTS
THIS AGREEMENT FOR MAINTENANCE OF NON-STAN DAR D IMPROVEMENTS
("Agreement"), is by and between the City of Fort Worth, a Texas home ruled municipal
corporation ("City") and Bryanway LLC, a Texas limited liability Company ("Developer'').
City and Developer are sometimes referred to as a Party or Parties. This Agreement will be
effective as of the Effective Date established herein.
SECTION 1
DESCRIPTION OF PROPERTY
1.0 I Developer is the owner of certain property in Fort Worth, Tarrant County, Texas, located
in 207 & 221 East Broadway Avenue, Fort Worth, Texas, Tarrant County 76104, and depicted on
"Exhibit A", attached and incorporated into this Agreement (the "Developer Property").
1.02 The City and Developer hereby agree that Developer will provide, furnish, and perform
the services specified herein on City-owned sidewalks and right-of-ways (the "Project Site")
located adjacent to the Developer Property, as further described in this Agreement in "Exhibit
B", attached and incorporated into this Agreement.
SECTION 2
DUTIES AND RESPONSIBILITIES
2.0 I Developer shall commence, carry on, and provide the services contemplated in the
Contracts (as defined herein) 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 descri bed in the contract for
construction services by the Developer.
Items to be maintained: Decomposed Granite (DG) and Concrete Ribbons
Maintenance Agreement of Non-Standard Improvements
Page 1 of 17
Revised 218/23 BN
2.03 Developer shall maintain the [mprovements described in Section 2.02 in good working
condition so that the Improvements perform their design function. If pursuant to n o t i c e from
the City, Developer is made aware of any deficiency in the safe and proper functioning of the
Improvements described in Section 2.02 then Developer shall promptly inspect the [mprovements
and submit an inspection report to the City. Such i nspection report sha11 (i) note any , the City
shall own the Improvements Developer instatls described in Section 2.02, or portions thereof,
which need maintenance or replacement to perform their design function and (ii) address the
corrective actions to be taken by Developer in accordance with Section 2.06 of this Agreement.
2.04 The City shall be responsible for maintaining its streets and travel lanes excluding
the special pavement treatments described above 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.
2.05 In the event that any City-owned property, such as utilities, c u r b s, equipment,
turf, t r e e s, etc., are damaged or destroyed during maintenance of the improvements due
to negligence or acts of omissions by Developer, Developer shall be responsible for all
repairs or replacements of same.
2.06 In the event Developer, its successor or assigns, fails to maintain the areas described
in Section 2.02 in the manner required by this 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 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 Site 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.
2.07 The City is not obligated to repair the Impravements beyond a level ofCity's standard
specifications. In the event, however, the City pursuant to this Agreement performs any
work of any nature that is Developer's obligatian hereunder and which Developer has failed
to perform, or the City expends any funds in performance of said work for labor, use of
equipment, supplies, materials, and the like that is Developer's obl igation hereunder and which
Developer has failed to perform, Developer, its successors or assigns, shall reimburse the City,
within thirty (30) days of the City making such demand, for the costs attributable to such work
Maintenance Agreement of Non-Standard Improvements
Page 2 of 17
Revised 218123 BN
performed by the City including: (i) the cost d ifference between the City's standard street
specifications and the I mprovements installed by the Developer and (ii) 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 may take
whatever legal steps are necessary to recover from Developer all reasonable and actual costs
incurred by the City for the work performed.
SECTION 3
TERM OF AGREEMENT
The term of this Agreement shall commence upon the Effective Date and shall continue until
the earlier of (i) Developer's permanent removal ofthe Improvements from the Project Site and
restoration of the Project Site to the then-existing City standards or (ii) the earlier termination
of this Agreement as provided herein.
SECTION 4
TITLE AND CONSTRUCTION
The Parties acknowledge that the Improvements ta 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 ContraFts, the City shall own the Improvements Developer installs
or locates in the City's right-of-way pursuant to the Contracts.
SECTION 5
RIGHT OF ACCESS
5.01 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 Site (without causing or constituting atermination ofthe use or an interference ofthe
use ofthe Project Site by Developer) for the purpase of inspecting and maintaining same and
taking any and all measures necessary for the proper conduct and operation of City property;
provided this shall not authorize or empower the City to direct the activities of Developer or
assume liability for Developer's activities.
5.02 The City wiil have the right but not the obligation to make routine inspections of the
Project Site. In the event the City observes non-campliance of an area or a condition which
poses a threat to life, health, or property, the City shall notify Developer in writing in accordance
with Section 2.06 of this Agreement.
Maintenance Agreement of Non-Standard Improvements
Page 3 of 17
Revised 218123 BN
SECTION 6
INDEMNIFICATION
6.01 DEVELOPER, ITS SUCCESSORS OR ASSIGNS, AGREES TO DEFEND,
INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES,
HARMLESS AGAINST ANYAND ALL CLAi1t�S, �AWSUITS, ACTIONS, COSTSAND
EXPENSES OF ANY HIND, INCL UDING, BUT NOT LIMITED TO, THOSE FOR
PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO
DEVELOFER'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) DEVELOPER'S BREACH OFANY OF THE TERMS
OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR
OMISSION OR INTENTIONAL MISCONDUCT OF DEVELOPER, ITS OFFICERS,
ACENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CIT�
OR SUBCONTRACTORS, RELATED TO MAINTENANCE OR THE PERFORMANCE
OF DEVELOPER'S OBLIGATIONS UIVDER THIS AGREEMENT; EXCEPT THAT
THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO
ANY LIABILITY RESULTING FROM THE SOiE NEGLIGENCE OF THE CITY OR
ITS OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS, AND IN
T�IE EVENT OF JOINT AND CONCiIRRENT 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 far 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 the Developer hereby releases the City from
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 the Project Site. 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 imm unity, where applicable. or any other defense recognized by the statutes
and court decisions ofthis State.
Maintenance Agreement of Non-Standard Improvements
Page 4 of 17
Rev�sed 2�8l23 BN
SECTION 7
INSURANCE
Developer shall not commence work under this Agreement until it has obtained a n d
p r o v i d e d d o c u m e n t a t i o n t h e r e o f f o r the i nsurance required by Exhibit C, attached
hereto and incorporated herein. Developer shall be responsible for delivering to the City
Developer's certificate of insurance for approval. Any contractors performing maintenance on
the Improvements shall a I s o provide to Developer and City documentation of insurance required
by Exhibit C.
SECTION 8
INDEPENDENT CONTRACTOR
Developer shal I 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 ofthe work performed hereunder, and all persons
performing same, and shall be solely responsible for the acts and omissions of its officers,
agents, and employees and sub-consultants/subcontractors. Nothing herein shall be construed as
creating a partnership or joint venture between the City and Developer, its officers, agents,
employees and sub consultants/subcontractors, and doctrine of respondent superior has no
application as between the City and Developer.
SECTION 9
LICENSES A1VD PERMITS
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 i n 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
i n connection with this Agreement and its operations hereunder.
SECTION 10
LIENS
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 d ischarge
same within thirty (30) days after notice from City to do so.
Maintenance Agreement of Non-Standard Improvements
Page 5 of 17
Revised 2�8123 BN
SECTION 11
TERMINATION ANU DEFAULT
11.01 Subject to the provisions of Section l 1.02 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 Agreement, City shall have the right, and without further
notice, to declare this Agreement immediately terminated and to enter into and take full
possession of the City's i nterest in the Project Site, save and except such personal property and
equipment as may be owned by Developer. In the event of such termination of this Agreement
by the City, all rights, duties and privileges of Developer hereunder shall cease and terminate.
] 1.02 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 any indemnification obl igations pursuant to Section 6 of this Agreement
occurring prior to the effective date of such termi nation.
11.04 Termination notice shall be considered rendered three business days after being placed in
the United States Postal Service for delivery to the other party in accordance with Section 13.
SECTION 12
NON-DISCKiMINATION/DISABILITIES
Developer, in its installation or maintenance of the Improvements, o f occupancy or use of the
Project Site, shall not discriminate against any person or persons because of race, age, gender,
religion, color, national origin, sexual orientation, or disability nor will Developer permit its
officers, agents, employees or subcontractors to engage in such discrimination.
Maintenance Agreement ofNon-Standard Improvements
Page 6 of 17
Revised 218I23 BN
SECTION 13
1VOTICES
Any notice required shall be sufficient if deposited in the U.S. Mail, postage prepaid and
addressed to the other party as follows:
CITY:
City of Fort Worth
Transportation & Public Works Department
Attn: Assistant Director
100 Fort Worth Trail
Fort Worth, Texas 76102
With cop,Y to:
City Attorney's Office
] 00 Fort Worth Trail
Fort Worth, Texas 76102
DEVELOPER:
Bryanway LLC
1635 Rogers Rd
Fort Worth, Texas 76107
SECTION 14
VENUE AND JURISDICTION
This Agreement shall be governed by the laws of the State of Texas. Venue for any action
brought to interpret or enforce, or ari sing 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
ASSIGNMENT
I5.01 Developer agrees that it will not assign all or any part of its rights, privileges or duties
hereunder without the prior written consent of the City and any attempted 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") or to
the purchaser of the Developer Property as provided in Section 15.03, below. In the event of an
Allowed Assignment, Developer will notify the City withi n 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
Maintenance Agreement of Non-Standard Improvements
Page 7 of 17
Revised 2r8123 BN
:�:��+Y'.�}..F��. _.. ..rt ,�a:.-_..n� � . ' �L ti.—a . �.fi' �,-..1. � .r�� �'>!. �. .. , r- :Yr.,.:6r��. . � •i�. . s. ..^.'i• .. � _ . ._ + .. . , �r-���'" -a"�E-
automatically be released from any further obligation or liability under this Agreement.
Notwithstanding the foregoing, or anything i n this Agreement to the contrary, it is understood
and agreed that Developer will contract or subcontract various parts of its obligations hereunder
to others 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.
15.03 Notwithstanding anything herein to the contrary, no provision of this Agreement shall
be construed to prohibit or restrict Developer's ability to sell, lease, pledge or otherwise transfer
the Developer Property or any part thereof. Upon any such transfer of the Developer Property,
the benefits and obligations of this Agreement shall run with the Developer Property, or
portion thereof, and bind Developer's successors in interest in proportion to the interest in the
Developer Property so transferred.
SECTION 16
WAIVER, SECTION HEADINGS, AND SEVERABILITY
16.01 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 ofthis 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
RECORDATION
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 Developer Property and Project Site, or any part thereof, including their heirs,
successors and assigns, and shall inure to the benefit of the owners of the Developer Property and
Project Site and to the City.
Maintenance Agreement of Non-Standard Improvements
Page8of17
Revised 218123 BN
� �+ : �'rf-,nn.r.r -.-.} ;: � . ,� . �.. , . . . _ . .._ - �,n, ,• - . , . • � � � . _.- . .. , _ . ,. . . -. . .. . � . . - � .., . . �.. _
- . � � - . .. . . .. . � ��J..J.CR'.�=���' 'I. . .. .. ��LY... .�:y,. U.+I
SECTION 18
EIVTIRE UNDERSTANDING
18.01 This written instrument including all Attachments, Schedules, and Exhibits attached
hereto constitutes the entire agreement by the Parties concerning this Agreement and the
obligations of the Parties, and any prior or contemporaneous oral or written 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.
18.02 Neither this Agreement nor any provision hereof may be modified except by an
instrument in writing, signed by the Parties. This Agreement shall be binding upon and
inure to the beneiit of the Parties and their respective successors and assigns.
18.03. This Agreement may be executed in one or more counterparts, each of which shall be
deemed an original, and all of which, taken together, shall be one and the same instrument.
Electronic signatures and facsirnile, pdf or other copies of original signatures shall be binding as
originals.
[Signature Pages and Exhibits Follow]
Maintenance Agreement of Non-Standard Improvements
Page 9 of 17
Revised 218123 BN
IN WITNESS WHEREOF, the Parties have each executed this Agreement by each party'sduly authorized representative. This Agreement shall be effective upon the execution anddate subscribed by the City's designated City Manager ("Effective Date").CITY OF FORT WORTH
By:_�-------Jesica McEachern Assistant City ManagerDate: _1_0_;_01_;_20_2_s ______ _Approved as to Form and Legalityrw� By: __________ _Jessika Williams Assistant City AttorneyDate: _____________ ATTEST� 1 � By: ----=U ___________ _Janette S. Goodall City SecretaryDate:-------------
DEVELOPER:
Byanway LLC
a Texas limited liability companyM&C:--------
Contract Compliance Manager By signing, I acknowledge that I am the person responsible or the monitoring andadministration of this contract, includingensuring all performance and reportingrequirements.� Kandice Merrick Planning ManagerDate: ____________ Maintenance Agreement of Non-Standard ImprovementsPage 10 of 17Revised 2/8/23 BN
THE STATE OF TEXAS
COUNTY OFTARRANT
�
�
BEFOR� ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Jesica McEachern, 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, as the act and
deed ofthe City of Fort Worth, and in the capacity therein stated.
GIVEN LINDER MY HAND AND SEAL OF OFFICE this 7th
October � 20 25
' Wendy BeardSlee
�h+ly Commitslon �xpira�
• 7128�2D2'$
Notary ID133237193
li✓��d����ee
day of
Notary Public in and for the State of Texas
Maintenance Agreement of Non-Standard [mprovements
Page 11 of 17
Revised 218�23 BN
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Jared Shope, Manager known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me that helshe executed the
same for the purposes and consideration therein expressed, as Byanway LLC a Texas liability
company, as the act and deed of said company.
G[VEN LINDER MY HAND AND SEAL OF OFFICE this 3� day of
M , 20 2�
��
Notary Public in and for the State of Texas
���"YP��� LAURASTONE
`� ��c;: Notary Publit, State of Texes
���..,��� Comm. Expires 12-02-2027
�.,,,°;,���� Notary ID 132243035
Maintenance Agreement of Non-Standard Improvements
Page 12 of 17
Revised 2�8123 BN
EXHIBIT A
PROPERTY DESCRIPTION
Maintenance Agreement of Non-Standard Improvements
Page 13 of 17
Revised 2�8123 BN
—i'.r..:. ;S _ ...�...�. �. . � , .. j1� �! i.IL' .�. •��ni•��:.�.....x4��� . . . _ ..�.;..,i�.f�.ti.!...:� ` i i "iq.:._... " •. • . __I'r�..� a .. . �_ � . �.!
D223146214
Exhibit "A"
Property Description
TRACT 1:
Lot 2 Block 11, DAGGETT'S SECOND ADDITION, an unrecorded Addition to the City of Fort
Worth, Tarrant County, Texas, said Lot 2 being more particularly described by metes and bounds
as follows;
BEGINNING at a"Y" set in concrete at the Southwest corner of said Lot 2 and the intersection
of the North line of East Broadway Avenue (R.O. W. varies) and the East line of Bryan Avenue
(50 foot R.O.W.);
THENCE North 00 degrees 00 minutes 00 seconds East along the East line of said Bryan
Avenue, 100.00 feet to an "X" in concrete found at the Northwest corner of said Lot 2 and the
Southwest corner of Lot 1, said Block 11;
THENCE North 90 degrees 00 minutes 00 seconds East along the common line of said Lots 2
and 1, a distance of 142.00 feet to a 1/2 inch iron set with Fulton Surveying cap at the Northeast
comer of said Lot 2 in the West line of a 16.00 foot wide alley;
THENCE South 00 degrees 00 minutes 00 seconds East along the West line of said alley, 100.00
feet to a 1/2 inch iron set with Fulton Surveying cap in the North line of said East Broadway
Avenue;
THENCE North 90 degrees 00 minutes 00 seconds West along the North line of said East
Broadway Avenue, 142.00 feet to the POINT OF BEGINNING and containing 0,326 acre of
land.
����
Being Lot 13, Block 11, DAGGETT'S SECOND ADDITION, an unrecorded Addition to the
City of Fort Worth, Tarrant County, Texas, said Lot 13 being more particularly described by
metes and bounds as follows:
BEGINNING at a 1/2 inch iron set with Fulton Surveying cap at the Southeast corner of said Lot
13, and the intersection of the North line of East Broadway Avenue (R.O. W. varies) and the
West line of Calhoun Street (60 foot R.O.W.);
THENCE North 90 degrees 00 minutes 00 seconds West along the South line of said East
Broadway Avenue, 142.00 feet to a 1/2 inch iron set with Fulton Surveying Cap at the Southwest
corner of said Lot 13 in the East line of a 16.00 foot wide alley;
Page 3 of 5
Page I of 2
D223146214
TI-IENCE North 00 degrees 00 minutes 00 seconds East along the East line of said alley, 100,00
feet to a 1/2 inch iron set with Fultou Surveying cap at the Northwest corner of said Lot 13 and
the Southwest corner of Lot 14, said Block 11;
THENCE North 90 degrees 00 minutes 00 seconds East along the common line of said Lots 13
and 14, a distance of 142.00 feet to a 1/2 inch iron set with Fulton Surveying cap in the West line
of said Calhoun Street;
THENCE South 00 degrees 00 minutes 00 seconds East along the West line of said Calhoun
Street, l Oo.00 feet to the POINT OF BEGTNNING and containing 0.326 acre of land.
NOTE: The company is prohibited from insuring the area or the quantity of the land described
herein. Any statement in the above legal description of the area or quantity of land is not a
representation that such area or quantity is correct, but is made only for informational and/or
identification purposes, and does not override Item 2 of Schedule "B" hereof.
Page 4 of 5
Page 2 of 2
EXHIBYT B
DETAILS OF IMPROVEMENTS
Maintenance Agreement of Non-Standard Improvements
Page 14 of 17
Revised 2l8�23 BN
� i �.
�
`�i- 3
F� r
��
g
N
�
�
g
��� � o
�� �
`�� � Z
� �'..� � _ �
�
8
N
�
�
g �
o '�
o �tS�
Z �
Q ^
� �
v.l
� � �
� >
�� � �
�
'� � v
$ �
8
�
�
�
g
�
0
�
z
C'M'0'� �09
�-���-s �vnoH�� ..
<�//b-�7 � L►6-� a7�.G�GiJ � w
,00'001 ���00 00.00 5 a I �� �
��
� •-�
z.�_. _. . .... . . . . ._. _. . . _.� . _. ... 4...�_, __..� �.�,. �.:.:�.�...�..
a� - <�ivi�o��-,os � -__ .. � �
�C1N�l1d N�IJ�d� Q �
. .-. �..� . i.., •. -. ..r.�
�
�
�
�
�
�
�
4
�
m
�
s
�
<
�
�
N
� V
��
�� ��
��
� ,� �
���
N �
� � �
� �
��
�
� V s
���
�
`$
� �
<�
��
��o
���
���
���
�
���
� `s �'
� � �
� �
x��
���
�sQ
��
�
� �
�
�
���
�g�
���
,� 8
���
-���
� � �
8��
_
g��,
8�
� '
�
a��
���
V .ba
8�
8�
��.
��
� .
��=
� ��
���
8�`�
g((''����
x`x`��ll�
` � �
���
� �
��
�g
�
��
-��
��
g 6
zil �
� �
8��
gg�n
� `. �
0
� �
���
-�
�
��
�
��
��
��
��
z
��w
8�--
8�
8�
8
�8_
�
��
��
�N
� �
s
��
���
���
� ��
���
� .� .�
�
�b
*; u
�� �
�� �
� � -� `�
�� �.�
4 �
�� ��
� � ��-
N � Q +1� � �
��� -�� �
� �g � ��
� �X`°
��� g � �
��� �a
� 8�
� � � ���
� �-� �S�
� �
��� 8�
� � .� g �
�g� ��
�
�,�8 � �
��s� ��
� g � � �
��� � �
��� ��� W� �
��
8�� g�
�g� 8�
o� � �
Q�� ��
��� �'��
��-- � �3�
�
��
�g
��
��
��
� �
3�g�
�B ���
$�
8�
�
a -N_r
� ��
�20
� �
�
�
�
�
�
�
V
�
�
�
�
�
� �� ��
�� � �
�� �� �� �
„
" ���-��� � �, � �
� � ��
� � ;� y�� �. ,� �
� � , ,
k. , k ,� ' i �•
� ��, ���,u � � +�
�
. �
� : :, .. . .� :� . � �_ - - _ : .. - . : ___ . -. .. _ j
n�d�r��aepa�eF���
a+ tlie aa.d ar� oFiJr 1a�6� dosabad
FrR�u ShamltePeat ifa Itrz erd zhrcroh�s
d said p�rty ae as �Cated by #k pbt.
the spc. laat� ad� af kuddtqs aid
��� �����q
s�o�m xE ka� e.em t},eprq���ht, d�,e 8S
deta+ces idtaled, a+d ffrre�ae ro aa�cedmeNh.
pdnaais, a�pa�mt easnrc�te eruyt as slner.
Thn arva� rs betq wowled sde� Ptr t}� uae d'fi�r
a+ra+t pat+s� aa b�a�t proy Irane Ins ben, aeaFad
r�r���n �„�ctm with tlx�� Q� as ts
xi,� ilml ttke placa wdhn 6 C�mxtits��tFe
aqtial arw4 date.
C.opyt�k 2007 FJtm `�n�eq►a, 6c
i
tiQ'.��,G,�rtRfo"�'y i
� I
4USAN L STEWART
i
'• •• 5495 •••• �
� •�,as•� ,
u� ,
RPL.S No, 5495 '
Febuat� 9. 2007 �
�
'i
.SU�V�Y pi.Ar
20? and 221 �ast 13roadwa Avenue �
I.o�s 2 and I'�,131oc1� I� �
nAGG��'�"' S S�CONn Ann1110N
Addi�ion �,o �,he Ci�.} of �ort Worf,4�, �arrarrt Courr�,�{, �exas '
� i ,
i
FULTON VEY/NG, INC. I
• 115 r. Louu Av� :
FOk'! W H, TExnS 76104 '
I ��
� ��:.�
�'� L�
I �!
i
0
�
— m
X
�� �
03 W
3o C
_ �
Z
_ �
X
�
Z
Gl
D
�
Z
�
O
�
V {
- X �
� � �
Z N
W
� C
�
Z
� �
..�—_�-
;1
` � Y i
^ L � 4� 1
j R
�.� � i �
�
�/�
l I �
I �
� O
�
�
N
�D
Q.
m D
�
�
�
�
�
0�
n �
O
o3i
� �
Q �
� �
� �
� �
��
�
N
�
N
�
w
E BROADWAY AVE.
0 0
� o
o �
z o
� o
� m
W �
W �
O �
Z D
N Z
�
m
�
Ll
��,�
� �N
� ,N �
, m
♦ W
. 7�
i "ir0 �
�
D �
F� �
<
� ,� m
,�^ , e"'!'��t�l �<...s:.Wc7'
i � �
3.� � � ' ,
►,�.... � � � ,
. , e' �' 4, . .
� �� - � � �'Y'Y
i.l, • � . — '
:r� �, �' �
..,�".r ,_ EBRO
[' � ? �
�!� ' �_ �
W N � X
�?�<OW �
�
�"��n czi
o m � D
�m� �
m
� �
� �
�
m
�
D
r
�
:.�.
�
N
O
N
O
W
m
�
�
O
�
1� �
� �
�i O
� �
�
O
�
�
O
�
�
z
>
�:
�.
�^�
i.L �
f"r �
� �
�
N �i
�A
�a
m �
'a"=_
r 3
� 'e
�'a
a
0
W
�
i i.. . i .. .
��,;;;,, <,; i'.
i'a „\; ,.;`
1�,1..
� ". •� `� ,
I
i
i
� —����''��
. �
A
�1�/��►
ar" �
.�`-�e`
S _ �;a—�� �,,
� �
�• _-= _ � �
'� --
�� — — - -�
,s—
�
�
i
EXHIBIT C
CITY OF FORT WORTH
STANDARD INSURANCE REQUIREMENTS
(1) INSURANCE LIM[TS
a. Commercial General Liability — Insured shall maintain commercial general
liability (CGL) and, if necessary, commercial umbrella insurance as follows:
$I,000,000 each occurrence
$2,000,000 aggregate
[f such Commercial General Liability insurance contains a general aggregate limit,
it shall apply separately to this Project or location.
i. City shall be included as an additional insured with all rights of defense
under the CGL, using ISO additional insured endorsement or a substitute
providing equivalent coverage, and under the commercial umbrella, if
any. This insurance shall apply as primary insurance with respect to any
other insurance or self-insurance programs afforded to City. The
Commercial General Liability insurance policy shall have no exclusions
or endorsements that would alter or nullify: premisesloperations,
products/completed operations, contractual, personal injury, or
advertising injury, which are normally contained within the policy,
unless City specifically approves such exclusions in writing.
ii. Insured waives all rights against City and its agents, officers, directors
and empioyees for recovery of damages to the extent these damages are
covered by the commercial general liability or commercial umbrella
liability insurance maintained in accordance with Agreement.
b. Business Auto — Insured shall maintain business auto liability and, if necessary,
commercial umbrella liability insurance as follows:
$1,000,000 each accident (or reasonably equivalent limits of
coverage if written on a split limits basis).
Such insurance shall cover liability arising out of "any auto", including owned,
hired, and non-owned autos, when said vehicle is used in the course ofthe Project.
If Insured owns no vehicles, coverage for hired or non-owned is acceptable.
Insured waives all rights against City and its agents, officers, directors and
employees for recovery of damages to the extent these damages are covered
by the business auto liabiliry or commercial umbrella liability insurance
obtained by Insured pursuant to this Agreement or under any applicable auto
physical damage coverage.
c. Workers' Compensation — Insured shall maintain workers compensation and
employers liability insurance and, if necessary, commercial umbrella liability
insurance as follows:
Maintenance Agreement of Non-Standard Improvements
Page 15 of 17
Revised 218123 BN
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Insured waives all rights against City and its agents, officers, directors and
employees for recovery of damages to the extent these damages are covered
by workers compensation and employer's liability or commercial umbrella
insurance obtained by Engineer pursuant to this Agreement.
Professional Liability (Errors & Omissions) — If appropriate, Insured shall
maintain professional liability insurance as follows:
$1,000,000 - Each Claim Limit
$2,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability policy, or a separate policy specific to Professional
E&O. Either is acceptable if coverage meets all other requirements. Coverage
shall be claims-made, and maintained for the duration of the contractual
agreement and for three (3) years following completion of services provided. The
policy shall contain a retroactive date prior or equal to the Effective Date of the
Agreement or the first date of services to be performed, whichever is earlier. An
annual certificate of insurance shall be submitted to City to evidence coverage.
(2) GENERAL INSllRANCE REQUIREMENTS
a. Certificates of insurance evidencing that Insured has obtained all required
insurance shall be attached to Agreement concurrent with its execution. Any
failure to attach the required insurance documentation hereto shall not constitute
a waiver of the insurance requirements.
b. Applicable policies shall be endorsed to name City as an Additional Insured
thereon, subject to any defense provided by the policy, as its interests may
appear. The term City shall include its employees, officers, officials, and agents
as respects the contracted services. Applicable policies shall each be endorsed
with a waiver of subrogation in favor of City with respect to the Project.
c. Certificate(s) of insurance shall document that insurance coverage limits
specified in this Agreement are provided under applicable policies documented
thereon. Insured's insurance policy(s) shall be endorsed to provide that said
insurance is primary protection and any self-funded or commercial coverage
maintained by City shall not be called upon to contribute to loss recovery.
Insured's liability shall not be limited to the specified amounts of insurance
required herein.
d. Other than worker's compensation insurance, in lieu of traditional insurance,
City may consider alternative coverage or risk treatment measures through
insurance pools or risk retention groups. City must approve in writing any
Maintenance Agreement of Non-Standard Improvements
Page 16 of 17
Revised 2�8123 BN
alternative coverage for it to be accepted.
e. A minimum of thirty (30) days' notice of cancellation or material change in
coverage shall be provided to City. A ten (10) days' notice shall be acceptable
in the event of non-payment of premium.
f. Insurers must be authorized to do business in the State of Texas and have a
current A.M. Best rating of A: VII or equivalent measure of financial strength
and solvency.
g. Any deductible or self-insured retention in excess of $25,000 that would change
or alter the requirements herein is subject to approval in writing by City, if
coverage is not provided on a first-dollar basis. City, at its sole discretion, may
consent to alternative coverage maintained through insurance pools or risk
retention groups. Dedicated financial resources or letters of credit may also be
acceptable to City.
h. In the course of the Agreement, Insured shall report, in a timely manner, to
City's Contract Compliance Manager any known loss or occurrence which
could give rise to a liability claim or lawsuit or which could result in a
property loss.
i. City shall be entitled, upon its request and without incurring expense, to review
Insured's insurance policies including endorsements thereto and, at City's
discretion, Insured may be required to provide proof of insurance premium
payments.
j. Lines of coverage, other than Professional Liability, underwritten on a claims-
made basis, shall contain a retroactive date coincident with or prior to the date
of this Agreement. The certificate of insurance shall state both the retroactive
date and that the coverage is claims-made.
k. Coverages, whether written on an occurrence or claims-made basis, shall be
maintained without interruption nor restrictive modification or changes from
date of commencement ofthe Project until final payment and termination of any
coverage required to be maintained after final payments.
I. City shall not be responsible for the direct payment of any insurance premiums
required by Agreement.
m. Subcontractors of Insured shall be required by Insured to maintain the same or
reasonably equivalent insurance coverage as required for Insured. Upon City's
request, Insured shalt provide City with documentation thereof.
Maintenance Agreement of Non-Standard Improvements
Page 17 of 17
Revised 218�23 BN
�