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HomeMy WebLinkAboutContract 54089 CSC No. 54089 JUN3� 0� DESIGN PROCUREMENT AND MAINTENANCE AGREEMENT ��y5�� BETWEEN THE CITY OF FORT WORTH AND CAMP BOWIE DISTRICT, INC. This Design Procurement and Maintenance Agreement ("Agreement") is entered into by and between the City of Fort Worth ("City"), a home-rule municipal corporation of the State of Texas ("City"), acting herein by and through, its duly authorized Assistant City Manager, and Camp Bowie District, Inc., a Texas nonprofit corporation ("Contractor"), acting by and through its duly authorized representative. City and Contractor are referred to herein individually as a "party" and collectively as the "parties." WHEREAS, pursuant to Chapter 372 of the Texas Local Government Code, on August 14, 2018, the City Council of the City of Fort Worth adopted Resolution No. 4966-08-2018 establishing Fort Worth Public Improvement District No. 19 ("District"); WHEREAS, the general nature of the improvements and services to be provided in the District include, without limitation, landscaping and various other streetscape and capital improvements, which may be undertaken through cooperative programs with the City to obtain grants or other special funding; WHEREAS, the City and Contractor entered into a Management and Improvement Services Agreement for Contractor to manage the improvements and services within the District, including overseeing construction and maintenance of improvements within the District (City Secretary Contract Number 52908, as amended) ("PID Agreement"); WHEREAS,the PID Agreement sets aside nearly$222,460.00 for beautification projects, which includes the project set forth below; WHEREAS, the City, in consultation with Contractor, applied for and was awarded a Green Ribbon Program FY2020 Grant from the Texas Department of Transportation("Grant")for the design and construction of landscaping and irrigation improvements within the TXDOT right- of-way along US Highway 377 between Marks Place and Pelham Road, including trees, shrubs, groundcover and irrigation within the raised medians ("Project"), as more specifically identified in Exhibit"A"which is attached hereto and incorporated herein by reference; WHEREAS, pursuant to the Grant, the City will enter into an Advance Funding Agreement with the State of Texas wherein City will be responsible for the cost of the design and environmental clearance for the improvements in the amount of $150,000.00 and the State of Texas will be responsible for the cost and management of construction of the improvements in the amount of$400,000.00; WHEREAS, Contractor has determined,and the City agrees,that Freese and Nichols,Inc. ("Design Consultant") should provide the design for the Project, including architectural and engineering services and environmental assessment and mitigation services ("Design Services") ORDDef0FROAL R!ARY sign Procurement Agreement and Maintenance Agreement ��P�Between the City of Fort Worth and Camp Bowie District,Inc. �. WWWOR �T� based on demonstrated competence and qualifications and is willing to provide the Design Services for a fair and reasonable price; WHEREAS, approximately 100 feet of the western portion of one of the medians is located outside the District, but is an essential component of the overall Project; WHEREAS, the City and Contractor find that the Grant project, including the portion outside the District, confers a special benefit on the property within the District; WHEREAS, City and Contractor acknowledge the Contractor's use of District assessment funds to hire the design consultant for the design of the improvements for the Project and recognize that all funding for the project will be paid through the PID Agreement; WHEREAS, this Agreement is intended to act as a supplement to the PID Agreement as to this specific Project; and NOW, THEREFORE, for and in consideration of the above recitals and the mutual covenants and agreements herein contained, the City and Contractor agree as follows: SECTION 1 GENERAL REQUIREMENTS 1.1 Contractor shall retain and pay all costs of Design Consultant to provide the Design Services for the project in accordance with all requirements of the Green Ribbon Program FY2020 Grant and the Advance Funding Agreement. 1.2 Contractor certifies that the Design Consultant was selected in accordance with Texas Government Code Chapter 2254, Subchapter A. 1.3 Contractor shall ensure that the design of the project complies with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal-aid projects. Contractor shall be responsible for the following: A. The identification and assessment of any environmental problems associated with the development of the Project; B. The cost of any environmental problem's mitigation and remediation; C. Providing any public meetings or public hearings required for the environmental assessment process, such public hearing shall not be held prior to the approval of the Project schematic; D. The preparation of the NEPA documents required for the environmental clearance of the Project; and Design Procurement Agreement and Maintenance Agreement Page 2 of 14 Between the City of Fort Worth and Camp Bowie District,Inc. E. Providing the City and State of Texas with written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained. 1.4 Contractor shall ensure that the plans for and the construction of the Project are in compliance with standards issued or approved by the Texas Department of Licensing and Regulation (TDLR) as meeting or consistent with minimum accessibility requirements of the Americans with Disabilities Act(P.L. 101-336) (ADA). 1.5 Contractor shall ensure all engineering plans are developed in accordance with the applicable State of Texas Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges and the special specifications and special provisions related to it. If the Project is located on the State highway system, Contractor shall ensure that the design shall, at a minimum, conform to applicable State manuals. If the Project is not located on the State highway system, Contractor shall ensure that the design,at a minimum, confirms to applicable American Association of State Highway and Transportation Officials (AASHTO) design standards. 1.6 Contractor shall respond to all inquiries from, and produce all documents requested by,the State of Texas regarding the Project. 1.7 Contractor shall be responsible for all cost overruns, including costs overruns for the Project which the State of Texas seeks reimbursement from the City. 1.8 Contractor shall provide all maintenance of the Project, at Contractor's expense, after completion of construction. 1.9 Contractor shall ensure that the Design Consultant will complete the design of the Project within all deadlines established by the State of Texas. 1.10 Contractor shall comply with all applicable requirements of the Green Ribbon Program FY2020 Grant and the Advance Funding Agreement. SECTION 2 TERM AND TERMINATION 2.1 This Agreement shall be effective upon execution by City and Contractor and shall remain in effect for a period of one (1) year, unless terminated in accordance with the terms and conditions of this Agreement or the PID Agreement. 2.2 Termination. This Agreement may be terminated without cause by either party 30 days after delivery of written notice to the other party of such intent to terminate. 2.3 Ownership of Plans. City shall own the plans and other documents and work product Design Consultant creates for the Project. In the event this Agreement is terminated, City Design Procurement Agreement and Maintenance Agreement Page 3 of 14 Between the City of Fort Worth and Camp Bowie District,Inc. shall have the right to enter into an agreement with Design Consultant to complete Design Consultant's services for the Project. 2.4 Fiscal Funding Out. Notwithstanding anything to the contrary, if, for any reason, at any time during the term of the Agreement, the Fort Worth City Council fails to appropriate funds sufficient for the City to fulfill its obligations under this Agreement, the City may terminate the portion of the Agreement regarding such obligations to be effective on the later of: (i) delivery by the City to Contractor of written notice of the City's intention to terminate or (ii) the last date for which funding has been appropriated by the Fort Worth City Council for the purposes set forth in this Agreement. SECTION 3 FORCE MAJEURE 3.1 If either Party is unable, either in whole or part, to fulfill its obligations under this Agreement due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; wars; blockades; insurrections; riots; epidemics; public health crises; earthquakes; fires; floods; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any state; declaration of a state of disaster or of emergency by the federal, state, county, or City government in accordance with applicable law; issuance of a Level Orange or Level Red Alert by the United States Department of Homeland Security; any arrests and restraints; civil disturbances; or explosions; or some other reason beyond the Party's reasonable control (collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. SECTION 4 LIABILITY AND INDEMNIFICATION 4.1 CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANYAND ALL PERSONS, OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONTRACTOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES. 4.2 CONTRACTOR AGREES TO DEFEND, INDEMNIFY, AND HOLD THE CITY, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES HARMLESS AGAINST ANY AND ALL CLAIMS,LAWSUITS,ACTIONS, COSTS,AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTYDAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO BUSINESS AND ANYRESULTING LOST PROFITS) AND/OR PERSONAL INJURY (INCLUDING DEATH) THAT MAY RELATE TO, ARISE OUT OF, OR BE OCCASIONED BY (I) CONTRACTOR'S BREACH OFANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR(II) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, Design Procurement Agreement and Maintenance Agreement Page 4 of 14 Between the City of Fort Worth and Camp Bowie District,Inc. CONTRACTORS(OTHER THAN THE CITY), OR SUBCONTRACTORS RELATED TO THE PERFORMANCE OF THIS AGREEMENT. NOTHING HEREIN SHALL BE CONSTRUED AS A WAIVER OF THE CITY'S GOVERNMENTAL IMMUNITY AS FURTHER PROVIDED BY THE LAWS OF TEXAS. 4.3 Contractor shall require all of its subcontractors to include in their subcontracts a release and indemnity in favor of City in substantially the same form as above. This section shall survive the expiration or termination of this Agreement. 4.4 Contractor's agreement with the Design Consultant shall include a release and indemnity in favor of City in substantially the following form: "DESIGN CONSULTANT SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF FORT WORTH AGAINST LIABILITY FOR ANY DAMAGE CAUSED BY OR RESULTING FROM AN ACT OF NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER COMMITTED BY THE DESIGN CONSULTANT OR DESIGN CONSULTANT'S AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH THE DESIGN CONSULTANT EXERCISES CONTROL." SECTION 5 INSURANCE 5.1 Contractor shall maintain the insurance requirements set forth in the PID Agreement during the term of this Agreement, regardless of whether the PID Agreement expires or is terminated. 5.2 If Contractor or Design Consultant must perform any work on State right-of-way before beginning work, the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right-of-way. This coverage shall be maintained until all work on the State right-of-way is complete.If coverage is not maintained,all work on State right- of-way shall cease immediately. 5.3 Contractor shall require Design Consultant to maintain the insurance set forth in Exhibit "B" which is attached hereto and incorporated herein by reference, and ensure that City is listed as an additional insured on Design Consultant's insurance policy. Design Procurement Agreement and Maintenance Agreement Page 5 of 14 Between the City of Fort Worth and Camp Bowie District,Inc. SECTION 6 NONDISCRIMINATION 6.1 Contractor shall not engage in any unlawful discrimination based on race, creed, color, national origin, sex, age, religion, disability, marital status, citizenship status, sexual orientation or any other prohibited criteria in performing the services under this Agreement. SECTION 7 VENUE AND CHOICE OF LAW 7.1 Contractor and City agree that this Agreement shall be construed in accordance with the laws of the State of Texas. If any action,whether real or asserted,at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County,Texas or the United States District Court for the Northern District of Texas—Fort Worth Division. SECTION 8 THIRD-PARTY RIGHTS AND ASSIGNMENTS 8.1 The provisions and conditions of this Agreement are solely for the benefit of the City and Contractor,and any lawful assign or successor of Contractor, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 8.2 Contractor 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. SECTION 9 BINDING COVENANTS 9.1 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. SECTION 10 INDEPENDENT CONTRACTOR 10.1 Contractor shall perform all work and services hereunder as an independent contractor,and not as an officer, agent, servant or employee of the City. Contractor 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 Contractor, its officers, agents, employees and subconsultants (or subcontractors), and doctrine of respondent superior has no application as between the City and Contactor. Design Procurement Agreement and Maintenance Agreement Page 6 of 14 Between the City of Fort Worth and Camp Bowie District,Inc. SECTION 11 AMENDMENTS, CAPTIONS,AND INTERPRETATION 11.1 Except as otherwise provided in this Agreement, the terms and provisions of this Agreement may not be modified or amended except upon the written consent of both the City and Contractor. 11.2 Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 11.3 In the event of any dispute over the meaning or application of any provision of this Agreement, this Agreement shall be interpreted fairly and reasonably, and neither more strongly for or against any party, regardless of the actual drafter of this Agreement. SECTION 12 GOVERNMENTAL POWERS AND IMMUNITIES 12.1 It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. SECTION 13 AUTHORIZATION AND COUNTERPARTS 13.1 By executing this Agreement on behalf of Contractor, the person signing below affirms that he or she is authorized to execute this Agreement and that all representations made herein with regard to the signer's identity, address, and legal status are true and correct. 13.2 This Agreement may be executed in several counterparts, each of which will be deemed an original,but all of which together will constitute one and the same instrument. SECTION 14 SEVERABILITY AND NO WAIVER 14.1 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, and does not materially prejudice either Contractor or City in connection with the rights and obligations contained in the valid covenants, conditions or provisions of this Agreement. 14.2 The failure of either party to insist upon the performance of any term or provision of this Agreement or to exercise any right granted hereunder shall not constitute a waiver of that party's right to insist upon appropriate performance or to assert any such right on any future occasion. Design Procurement Agreement and Maintenance Agreement Page 7 of 14 Between the City of Fort Worth and Camp Bowie District,Inc. SECTION 15 COMPLIANCE WITH LAWS 15.1 This Agreement is subject to all applicable federal, state and local laws, ordinances, rules and regulations, including, but not limited to, all provisions of the City's Charter and ordinances, as amended. 15.2 If City notifies Contractor or any of its officers, agents, employees, contractors, subcontractors, licensees,volunteers, or invitees of any violation of such laws, ordinances, rules or regulations, Contractor shall immediately desist from and correct the violation. SECTION 16 NOTICES 16.1 Notices to be provided hereunder shall be sufficient if forwarded to the other party by hand- delivery or via U.S. Postal Service certified mail,postage prepaid, to the address of the other party shown below: To the City: To Contractor: City of Fort Worth Camp Bowie District, Inc. Park&Recreation Department Director Attn: Wade Chappell 4200 South Freeway, Suite 2200 4731 Camp Bowie Blvd, Suite I Fort Worth, Texas 76115 Fort Worth, Texas 76107 with copies to: City Attorney's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 and City Manager's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 SECTION 17 HEADINGS 17.1 The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. Design Procurement Agreement and Maintenance Agreement Page 8 of 14 Between the City of Fort Worth and Camp Bowie District,Inc. SECTION 18 RIGHT TO AUDIT 18.1 Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Contractor involving transactions relating to this Agreement. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Contractor reasonable advance notice of intended audits. 18.2 Contractor shall include in its contract with Design Consultant a right, until the expiration of three (3)years after final payment under this Agreement, to have access to and the right to examine any directly pertinent books, documents, papers and records of Design Consultant involving transactions relating to this Agreement and the agreement between Contractor and Design Consultant. Design Consultant must agree that the City shall have access during normal working hours to all necessary Design Consultant facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Design Consultant reasonable advance notice of intended audits. SECTION 19 PROHIBITION ON BOYCOTTING ISRAEL 19.1 Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services with a company with 10 or more full-time employees that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and(2)will not boycott Israel during the term of the contract. The terms "boycott Israel" and"company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that Contractor. (1) does not boycott Israel,and(2) will not boycott Israel during the term of the contract. SECTION 20 SOLE AGREEMENT 20.1 This Agreement, including any exhibits attached hereto and any documents incorporated herein, contains the entire understanding and agreement between the City and Contractor, and any lawful assign and successor of Contractor, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. (Remainder of Page Intentionally Left Blank) Design Procurement Agreement and Maintenance Agreement Page 9 of 14 Between the City of Fort Worth and Camp Bowie District,Inc. IN WITNESS THEREOF, the parties have made and executed this Agreement to be effective on the date signed by the Assistant City Manager. CITY OF FORT WORTH: CONTRACTOR: Camp Bowie District, Inc. Valerie Washington(Jun 30,202012:49 CDT) CBD Pres(Jun 29,2020 :04 CDT) Valerie Washington Name: Wade Chappell Assistant City Manager Title: President Date: Jun 30, Date:2020 Jun 29, 2020 Recommended by: KlGhGIYd zavalU Richard Zavala(Jun 30,202012:01 CDT) Richard Zavala,Director Park&Recreation Department v i�l-11 YI M OIM4�0041 Sandra Youngblood(Jun 9,202017:51 CDT) Sandra Youngblood, Assistant Director Park&Recreation Department APPROVED AS TO FORM AND LEGALITY: l� Richard A.McCracken(Jun 30,2020 12:27 CDT) Richard A. McCracken Sr. Assistant City Attorney i 0 '``�`,? Z ATTEST: Mary Kayser '.+ ,'' City Secretary ,. � LOFFICIALRECORD RETARY'M&Cs: 19-0102(August 27,2019)and 20-0323 RTH,TX (May 5,2020) Form 1295: 2019-523659 Design Procurement Agreement and Maintenance Agreement Page 10 of 14 Between the City of Fort Worth and Camp Bowie District,Inc. Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. C6�- Wyatt Clinton Wyatt(Jun M,202010:57 CDT) Clinton Wyatt, District Superintendent Park&Recreation Department OFFICIAL RECORD CITY SECRETARY FT. WORTH,T Design Procurement Agreement and Maintenance Agreement a Between the City of Fort Worth and Camp Bowie District,Inc. EXHIBIT �_ �s TXDOT GREEN R16BON FUNDING APPLICATION "' CITY OF FORT WDRTHEND PROJECTall i, (PELHAM ROAD) US 3771 CAMP BOWIE BOULEVARD '� �� l BEGINPROJECT �MARKS PLACE) i�a E �' (PAARKS PLACE TO PELHAM ROAD) � - Y S Design 1 II I _ II I and Maintenance Agreement _ 1 f 14 Between the1 1 Worth and Camp Bowie I EXHIBIT B 1.01 Duty to Acquire and Maintain. Contractor shall ensure that a policy or policies of insurance are procured and maintained at all times by Design Consultant, in full force and effect, to provide coverage of the types and amounts specified herein, naming the City as an additional insured as set forth herein, and covering all public risks related to this Agreement. The insurance required hereunder may be met by a combination of self-insurance and primary and excess policies. 1.02 TUes and Amounts of Coverage Required a. Commercial General Liability: (1) $1,000,000.00 per occurrence, $2,000,000.00 aggregate, including coverage for the following: (i)Premises Liability; (ii)independent contractors; (iii) products/completed operations; (iv) personal injury; (v) contractual liability; (vi) explosion, collapse, and underground property damage b. Property Damage Liability: (1) $1,000,000.00 per occurrence C. Umbrella Policy (1) $5,000,000.00 d. Environmental Impairment Liability(EIL) &/or Pollution Liability (1) $2,000,000 per occurrence (2) $5,000,000 aggregate e. Automobile Liability: (1) $1,000,000.00 Each accident on a combined single-limit basis f. Worker's Compensation: (1) As required by law g. Employer's Liability: (1) $1,000,000.00 per accident 1.03 Revisions to Required Coverage. At the reasonable recommendation of the City's Risk Manager, the City may at any time revise insurance coverage requirements and limits required by this Agreement. Company agrees that within ten (10) days of receipt of written notice from the Design Procurement Agreement and Maintenance Agreement Page 13 of 14 Between the City of Fort Worth and Camp Bowie District,Inc. City, all such revisions requested by the City will be implemented. The policy or policies of insurance shall be endorsed to provide that no material changes in coverage, including, but not limited to, cancellation, termination, non-renewal, or amendment, shall be made without thirty (30) days' prior written notice to the City. 1.04 Underwriters and Certificates. The insurers for all policies must be licensed and approved to do business in the State of Texas. 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, prior written approval of the City's Risk Management Division is required. Within ten(10)business days following execution of this License,Design Consultant shall ensure that City is furnished with certificates of insurance signed by the respective companies as proof that the types and amounts of insurance coverage required herein have been obtained. In addition, Design Consultant shall, on demand, provide the City with evidence that it has maintained such coverage in full force and effect. 1.05 Deductibles. Deductible or self-insured retention limits on any line of coverage required herein shall not exceed $25,000.00 in the annual aggregate unless the limit per occurrence or per line of coverage, or aggregate is otherwise approved by the City. 1.06 No Limitation of Liability. The insurance requirements set forth in this section and any recovery by the City of any sum by reason of any insurance policy required under this License shall in no way be construed or affected to limit or in any way affect Company's liability to the City or other persons as provided by this Agreement or law. 1.07 Umbrella or Excess Liability. 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. 1.08 Additional Insured. The City, its officers, employees and volunteers shall be named as an Additional Insured on the Automobile and Commercial General Liability policies. 1.09 Waiver of Subro ag tion. The insurance shall include a waiver of rights of recovery (subrogation) in favor of the City of Fort Worth. 1.10 Copies of Policies and Endorsements. City shall be entitled, upon request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms,conditions,limitations, or exclusions in order to comply with the requirements of this Agreement except where policy provisions are established by law or regulations binding upon either of party or the underwriter on any such policies. 1.11 Certificate of Insurance. Design Consultant shall submit to the City a certificate of insurance evidencing all required insurance coverage and any applicable endorsements. Design Procurement Agreement and Maintenance Agreement Page 14 of 14 Between the City of Fort Worth and Camp Bowie District,Inc. 6/29/2020 M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTWORTII DATE: 8/27/2019 REFERENCE NO.: M&C 19-0102 LOG NAME: 13FMS PID19FY20 CODE: B TYPE: NON-CONSENT PUBLIC HEARING: YES SUBJECT. Conduct Public Benefit Hearing for Public Improvement District 19 - Historic Camp Bowie, Approve Fiscal Year 2019-2020 Budget in the Amount of$450,562 and Five-Year Service Plan, Approve Tax Year 2019 Assessment Roll, Adopt Ordinance Levying Special Assessments for the 2019 Tax Year at a Rate of$0.10 Per Each $100.00 of Property Value for Commercial Property, Authorize Execution of an Agreement with Camp Bowie District, Inc., in the Amount of$90,112 to Manage the PID; and Adopt Appropriation Ordinance (COUNCIL DISTRICTS 3 and 7) (PUBLIC HEARING - a. Report of City Staff: Angela Estrada; b. Citizen Presentations; c. Council Action: Close Public Hearing and Approve the M&C) RECOMMENDATION: It is recommended that the City Council: 1. Conduct a public benefit hearing concerning the proposed special assessments on the property located in Public Improvement District 19 - Historic Camp Bowie for the 2019 tax year; 2. Approve the attached Fiscal Year 2019-2020 Budget in the amount of$450,562 and Five-Year Service Plan for Public Improvement District 19 - Historic Camp Bowie; 3. Approve the Tax Year 2019 Assessment Roll for Public Improvement District 19 - Historic Camp Bowie, on file with the City Secretary; 4. Adopt the attached ordinance levying special assessments on the commerical property located in Public Improvement District 19 - Historic Camp Bowie for the 2019 tax year at a rate of$0.10 per each $100.00 of property value; 5. Adopt the attached ordinance increasing estimated receipts and appropriations in the Fort Worth Public Improvement District 19 - Historic Camp Bowie Fund in the amount of$450,562; and 6. Authorize the execution of an Agreement with Camp Bowie District, Inc., in the amount of$90,112 to provide management of the improvements and services for Public Improvement District 19 - Historic Camp Bowie during Fiscal Year 2019-2020. DISCUSSION: On August 14, 2018, the City Council adopted Resolution No. 4966-08-2018, establishing the Fort Worth Public Improvement District 19 - Historic Camp Bowie (Historic Camp Bowie PID). The purpose of this benefit hearing is to receive comments from the public regarding the 2019-2020 Fiscal Year Budget and Five-Year Service Plan for the Historic Camp Bowie PID and the proposed assessments to be levied on each commercial property in the Historic Camp Bowie PID for the 2019 tax year. Following the public hearing, it is recommended that the City Council take the following actions: (a) approve the attached Budget and Five-Year Service Plan; (b) approve the 2019 Assessment Roll; and (c) adopt the attached ordinances levying the proposed assessments and appropriating funds. The improvements and services to be provided in the Historic Camp Bowie PID during the 2019-2020 Fiscal Year and the costs thereof are as follows: Improvements Total Budgeted Cost Management Fee $90,112 Professional Fees $5,000 Beautification $69,802 Utilities �$20,000 apps.cfwnet.org/councii—packet/mc—review.asp?ID=27251&councildate=8/27/2019 1/2 6/29/2020 M&C Review Maintenance $90,256 Litter Abatement J$78,720 Security $24,960 Marketing $24,000 Advertising $26,000 Insurance $6,700 Audit $6,000 City Administrative Fee �$9,011 Total $450,562 The total budgeted costs of the improvements and services are in the amount of$450,562. Of this amount, $432,771, will be funded by assessments collected on privately owned parcels located in the Historic Camp Bowie PID by applying a rate of$0.10 per each $100.00 of property value. The remaining $17,791 will be funded in direct payments from the City for Payment In-Lieu of Services. The 2019 assessment rate is the same as the prior year. On August 20, 2019, the City Council conducted a public hearing to receive comments on the proposed 2019-2020 Fiscal Year Budget, Five-Year Service Plan, and 2019 Assessments for the Historic Camp Bowie PID (M&C BH ). Notice of the August 20, 2019, benefit hearing and this hearing were published in the Fort Worth Star- Telegram on August 8, 2019 and mailed to all record owners of property in the Historic Camp Bowie PID on August 7, 2019, in accordance with state law. The Historic Camp Bowie PID is located in COUNCIL DISTRICTS 3 and 7. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and the adoption of the Fiscal Year 2019-2020 Budget by the City Council, funds will be available in the Fiscal Year 2020 operating budget, as appropriated, of the Fort Worth Public Improvement District 19- Historic Camp Bowie Fund. TO Fund I Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference# Amount ID I I ID I I Year Chartfield 2 Submitted for City Manager's Office by_ Kevin Gunn (2015) Originating Department Head: Reginald Zeno (8500) Additional Information Contact: Angela Estrada (8511) ATTACHMENTS 13FMS PID19FY20 Assess Ord (rev).docx 13FMSPID19FY20 AO (rev).docx 2020 Five Year Service Plan PID 19.xlsx CampBowiePOMap Update8 13.pdf apps.cfwnet.org/council_packet/mc_review.asp?ID=27251&councildate=8/27/2019 2/2 6/29/2020 M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTWORTII DATE: 5/5/2020 REFERENCE NO.: **M&C 20-0323 LOG NAME: 13PID19 MIDYEARFY20 CODE: G TYPE: CONSENT PUBLIC HEARING: NO SUBJECT. Adopt Resolution Amending the Fiscal Year 2019-2020 Budget and Five-Year Service Plan for Public Improvement District 19 - Historic Camp Bowie and Adopt Appropriation Ordinance (COUNCIL DISTRICTS 3 & 7) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached resolution approving the revised Fiscal Year 2019-2020 Budget and Five-Year Service Plan for Public Improvement District 19— Historic Camp Bowie to reflect amendments associated with a mid-year review; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Fort Worth Public Improvement District 19— Historic Camp Bowie Fund in the amount of $307,539.00, from available unreserved fund balance. DISCUSSION: The City of Fort Worth Department of Financial Management Services administers the City's Public Improvement Districts (PIDs) in accordance with Chapter 372 of the Texas Local Government Code. The City's PID Policy outlines the need to proactively work with the PID managers to oversee the services being provided by the PIDs and their associated financial positions. Staff, along with the contracted PID management companies, have conducted mid-year reviews of the Public Improvement District 19 - Historic Camp Bowie (Historic Camp Bowie PID)Annual Budget(Budget) and recommend the following adjustments. The City contracts with Camp Bowie District, Inc. to manage the Historic Camp Bowie PID. Camp Bowie District, Inc. has identified the need to increase the Historic Camp Bowie PID budget by $227,539.00 to cover expenses associated with the beautification, marketing, and audit line items. The expenses include additional cost associated with the Green Ribbon Funding project, a marketing plan to assist property owners post COVID-19, and audit of PID financials. The increase in the Historic Camp Bowie PID budget is represented by the use of fund balance in the amount of $307,539.00 and a decrease to the PID Assessment line item in the amount of$80,000.00. With the establishment of the Historic Camp Bowie PID and the creation of its property boundary, staff found that there were 75 properties that were improperly levied an assessment and labeled as being a part of the PID for tax years 2018/2019. The original petition of properties sent to Tarrant Appraisal District creating the Historic Camp Bowie PID boundary was incorrectly verified for proper data transmission. Staff has recently identified and corrected this issue with the Tarrant Appraisal District and the Tarrant County Assessor Collectors Office, which will result in a reduction to the current revenue received in this fiscal year as refunds are issued. Camp Bowie District, Inc., along with City staff, have identified the need to decrease the PID Assessment line item by$80,000.00 to account for the reduction in revenue for the 75 lots removed. Revenue Adjustments: Line Items Previously Recommended Amended to be Approved FY20 Mid-Year FY20 Budget Adjusted Budget Item Adjustment II Item A.rDsessments�$432,771.00 $(80,000.00)I $352,771.00 apps.cfwnet.org/council_packet/mc_review.asp?I D=27892&councildate=5/5/202O 1/3 6/29/2020 M&C Review Line Items Previously Recommended F—Amended to be Approved FY20 Mid-Year FY20 Budget Adjusted Budget Item Adjustment I Item Payment in lieu of $17,791.00 - $17,791.00 Services I Use of Fund _ $307,539.00 $307,539.00 Balance T T1 otal Budget $450,562.00 $227,539.00 $678,101.00 Revenue Expenditure Adjustments: Lne Items to Previously Recommended Amended i Adjusted Approved FY20 Mid-Year FY20 Budget be Budget Item I Adjustment I Item _F Professional $5,000.00 $(5,000.00) - Fees I Beautification $69,802.00 F—$152,658.00-1 $222,460.00 Marketing $24,000.001 $75,381.00 $99,381.00 communication $26,000.00 F—$2,000.00 F—$28,000.00 Fkudit F $2,500.00 F—$2,500.00 Totals $124,802.00 $227,539.001 $352,341.00 Staff supports Camp Bowie District, Inc.'s recommended mid-year budget adjustments. All other previously approved line items not mentioned above remain the same. Upon approval of the above recommendations, the total budgeted expenses for Fiscal Year 2019-2020 will be $678,101.00. This mid-year budget adjustment will decrease the unaudited, unassigned fund balance by a total of $307,539.00. The revised Budget and Five-Year Service Plan will take effect upon approval by City Council. The City and Camp Bowie District, Inc. will amend the existing management contract to reflect the mid-year adjustment (City Secretary Contract No. 52908). The proposed changes to the Historic Camp Bowie PID Budget maintain compliance with reserve requirements. The Historic Camp Bowie PID is located in COUNCIL DISTRICTS 3 & 7. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated of the FWPID #19 - Historic Camp Bowie Fund. Prior to any expenditure being incurred, the Financial Management Services Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity BudgetT(Chartfiell Reference# Amount ID ID I I Year d 2)� FROM Fund Department Account Project Program Activity Budget Reference# Amount ID I I ID I I Year Chartfield 2 Submitted for City Manager's Office by_ Jay Chapa (5804) Originating Department Head: Reginald Zeno (8517) apps.cfwnet.org/council_packet/mc_review.asp?ID=27892&councildate=5/5/2020 2/3 6/29/2020 M&C Review Additional Information Contact: Anthony Rousseau (8338) ATTACHMENTS 13PID19 MIDYEARAO.docx Historic Camp Bowie PID 19-20- MidYearAdjustment-final.xlsx PID 19 RESOLUTION (MID YEAR ADJUSTMENT)_(2019-2020).pdf PID 19 P6 YTD analysisAsx TrialBalance P6 4.8.20 Sum.pdf apps.cfwnet.org/council_packet/mc_review.asp?ID=27892&councildate=5/5/2020 3/3