HomeMy WebLinkAboutContract 45245 (2)LICENSE AGREEMENT
THE STATE OF TEXAS §
CITY SECRETARY
CONTRACT NO. le S24S
COUNTY OF TARRANT §
THIS LICENSE AGREEMENT (the "Agreement") is made and entered into by and
between the City of Fort Worth, a home -rule municipal corporation of the State of Texas (the
"City"), acting by and through its duly authorized Assistant City Manager, and Downtown Fort
Worth Initiatives, Inc., a Texas non-profit corporation ("DFWII"), acting by and through its duly
authorized President.
RECITALS
WHEREAS, the City owns a park located at 801 Main Street, Fort Worth, Texas 76102,
known as General Worth Square (the "Park"), and operates and maintains the Park for public use
and benefit; and
WHEREAS, DFWII is dedicated to enhancing the vibrancy and livability of the downtown
area by promoting and supporting amenities, including park facilities; and
WHEREAS, the City and DFWII wish to work together to redevelop the Park to enhance
the Park's functionality and aesthetics for the benefit of residents and visitors (the "Project"); and
WHEREAS, on January 8, 2008, the Fort Worth City Council approved M&C G-16013,
which provides that capital projects meeting certain specified criteria may be funded using gas well
revenue; and
WHEREAS, the City's Parks and Community Services Department ("PACSD") has
determined that the Project constitutes a capital project that meets funding criteria specified in M&C
G-16013; and
WHEREAS, on August 25, 2009, the City Council approved M&C G-16674, which
authorized the City Manager to enter into a license agreement with DFWII for the redesign and
update of the Park and allocated funding in the amount of $250,000.00 from gas well revenue; and
WHEREAS, pursuant to the authority granted by the City Council, the City and DFWII
entered into a Memorandum of Understanding to provide for the development of plans to redesign
and update of the Park and an amendment thereto, the same being City Secretary Contract Nos.
39919 and 39919-Al (collectively the "M.O.U."); and
WHEREAS, pursuant to the terms of the M.O.U., the City has disbursed to DFWII
$25,000.00 out of the allocated $250,000.00; and
WHEREAS, the design phase of the project has been completed and the parties wish to
enter into an agreement to provide for DFWII's use of Park property fo r construction of the
OFFICIAL RECORD
CITY SECRETARY
License Agreement — General Worth Square FTPW #' Til, TX
1 1-09-
Project, to define the rights and duties of the parties with respect to the construction, and to provide
for the disbursement of the remaining allocated funds.
NOW THEREFORE, in consideration of the mutual promises contained herein, the City
and DFWII do hereby covenant and agree as follows:
AGREEMENT:
SECTION 1
PURPOSE; PARTIES
1.1 The purpose of this Agreement is to establish the rules and guidehnes pursuant to which
DFWII shall cause certain repairs and renovations to be made to the Park. DFWII shall effect
repairs and renovations by engaging a qualified General Contractor and shall pay the General
Contractor for all work done within the scope of its agreement with the General Contractor, such
work being identical to that which is enumerated in Attachment I and Attachment II of this
Agreement. Attachment I is the scope of work for the General Worth Square Improvements or
Phase I. Attachment II is the scope of work for the JFK Tribute or Phase II Both scopes of work
or phases are to begin simultaneously and will be herein described as the "Project Area " It is
anticipated that the Project Area may change as each scope of work is completed. DFWII is
entering into an Agreement with the City, which is the true "Owner" of the Park and the project
1.2 This Agreement is made and entered into by and between the City of Fort Worth, Texas and
Downtown Fort Worth Initiatives, Inc. When used herein, the term ` DFWII" and the term "City'
shall include officers, agents, employees, successors, and assigns of each of the parties respectively.
SECTION 2
TERM
2.1 The primary term of this Agreement shall be for twelve (12) months, commencing on the
September 1, 2011, and ending on August 31, 2012.
SECTION 3
RESPONSIBILITIES OF THE PARTIES
3.1 The City agrees to:
3.1.1 Allow DFWII access to the Park not before 7:OOam or after 8.00pm Monday
through Friday, before 9:OOam or after 8:OOpm Saturday, or any time on Sunday throughout
the term of this Agreement to work on the Project. The parties agree to revise these hours
by execution of a written amendment to this Agreement if either party receives requests or
complaints from a business or resident within a one-half mile radius of the Park.
3 1 2 Provide Two Hundred Twenty Five Thousand Dollars ($225,000.00) from park gas
well revenue for use toward funding Phase II of the redevelopment of the Park as outlined
in Attachment I, which is attached hereto and incorporated herein for all purposes as though
it were set forth at length.
License Agreement — General Worth Square Page 2 of 11
3.1.3 Upon execution of this agreement the City will provide DFWII an amount not
exceed fifty (50) % of the total amount of funds available for construction under this
Agreement. When the initial funds have been expended and supporting documentation
received by the City, the City shall disburse any remaining funds to DFWII for use towards
the completion of the scope of services as described in Attachment I.
3.1.4 Through the Parks and Community Services Department (PACSD), review and
approve plans for design and installation of improvements and landscaping at the Park
including a sculptural artwork depicting President John F. Kennedy. Within ten business
day s of the date the City receives plans for a particular phase, the City will either approve the
documents or note in writing any required changes or corrections that must be made.
3.1.5 Continue providing routine maintenance of all parts of the Park outside of the
Project Area throughout the term of this Agreement in accordance with PACSD policy.
3.1.6 Cooperate with DFWII to ensure that installation of improvements and landscaping
at the Park is properl coordinated with any related work performed by the Citj .
3.1.7 Contingent on approval of the Fort Worth City Council, waive any and all fees
associated with redevelopment of the Park, including, but not limited to, temporary
encroachment and permit fees.
3.1.8 Pay for all electric and water usage associated with installation of improvements and
landscaping for the Project.
3.1.9 Provide in kind contributions to the Project as outlined in Exhibit "A" of this
Agreement, with such contributions having an estimated value not to exceed $29,670.00.
3.2 DFWII agrees to:
3 2 1 Coordinate and undertake activities to raise funds to complete the Project at an
estimated total cost of One and One -Half Million Dollars ($1,500,000 00).
3.2.2 Expend funds received from the Ciq for Phase I in a manner that is consistent with
the requirements related to competitive bidding and disadvantaged business enterprises that
would apply if the City were spending such funds directly.
3 2 3 Submit plans for improvements and landscaping to PACSD for review and approval
prior to commencement of work.
3.2.4 Hire and supervise contractors to complete the Project.
3.2.5 Take steps to ensure that work done by or on behalf of DFWII is properly
coordinated with any related work performed by the City.
3.2.6 Install all improvements and planting material in the Park in accordance with the
plans proposed by DFWII and approved by the City.
License Agreement — General Worth Square Page 3 of 11
3.2.7 Provide and pay for all maintenance within the Project Area, during the term of this
Agreement, with the exception of any electiic and water usage costs associated with
landscaping maintenance
3.2.8 Collect and properly dispose of all trash, garbage, litter, and debris related to
DFWII's scope of services under this Agreement.
3.2.9 Because the Park is owned by the City of Fort Worth, and the City has a material
interest in the progress and quality of the repairs and renovations being undertaken, DFWII
shall cause Progress Reports to be submitted to the PACSD each sixty (60) dal s describing
the extent and nature of the work completed within that time frame. DFWII agrees to
include in its contract with the General Contractor the requirement that Cit) of Fort Worth
personnel may inspect the work at all times.
SECTION 4
RESPONSIBILITY FOR PARK AND COSTS
4.1 DFWII shall assume primary responsibility for managing the redevelopment of the Park
during the term of this Agreement. However, General Worth Square shall remain at all times a City
park subject to the ultimate authority of PACSD and the City. The City does not relinquish the right
to enforce all necessary and proper rules for the management and operation of the Park. The City,
through personnel in its police, fire, code compliance, parks, and health departments has the right at
any time to enter any portion of the Park (without causing or constituting a termination of the
Agreement or an interference with the use of the Park by DFWII) for the purpose of inspection and
maintenance and performance of any and all activities necessary for the proper conduct and
operation of public property; provided this right of entry shall not authorize or empower the City to
direct the activities of DFWII or assume liability for DFWII's activities. In addition, all
permanent public facilities and equipment owned by the City within the Park shall remain
property of the City, and such property cannot be disposed of by DFWII without the express
written consent of City.
4.2 With the exception of the gas well revenues to be allocated under Section 3.1, the City shall
not be financially obligated for any of the costs of the repairs and renovations as itemized in
Attachments I and II because such repairs and renovations are being rendered to the Park as a gift
to the City.
SECTION 5
LIABILITY AND INDEMNIFICATION
5.1 DFWII covenants and agrees that City shall in no way nor under any circumstances be
responsible for any property belonging to DFWII its members, employees, agents, contractors,
subcontractors, invitees, licensees, or trespassers that may be stolen, destroyed, or in an) way
damaged, and DFWII hereby indemnifies and holds harmless City from and against any and all such
claims. The Cit} does not guarantee police protection and will not be liable for any loss or damage
sustained by DFWII, its members, employees, agents contractors, subcontractors, invitees,
licensees or trespassers on General Worth Square or any other City property.
License Agreement — General Worth Square Page 4 of 11
5.2 DFWII AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE
CITY ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FROM AND
AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS, AND EXPENSES
OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY
DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO ANY
BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY
(INCLUDING DEATH) THAT MAY RELATE TO, ARISE OUT OF, OR BE
OCCASIONED BY (i) DFWII'S BREACH OF ANY OF THE TERMS OR PROVISIONS
OF THIS AGREEMENT OR (ii) ANY INTENTIONAL, KNOWING, RECKLESS, OR
NEGLIGENT ACT OR OMISSION OF DFWII, ITS OFFICERS, AGENTS,
ASSOCIATES, EMPLOYEES, SEPARATE CONTRACTORS, OR SUBCONTRACTORS,
RELATED TO THE CONSTRUCTION OR THE PERFORMANCE OF THIS
AGREEMENT.
SECTION 6
DISCRIMINATION/DISABILITIES
6.1 DFWII, in its construction, maintenance, occupancy, or use of the Park shall not
discriminate against any person or persons because of race, age, gender, religion, color, national
origin, marital status, sexual orientation, or disability
SECTION 7
NOTICES
7.1 Any notice required shall be sufficient if deposited in the U.S. Mail, postage prepaid, certified
mail, return receipt requested and addressed to the other part) as follows:
CITY:
City of Fort Worth
Parks and Community Services Director
4200 South Freeway, Suite 2200
Fort Worth, Texas 76115
With copy to:
Assistant City Attorney
1000 Throckmorton Street
Fort Worth, Texas 76102
DFWII
Downtown Fort Worth Initiatives, Inc
Andrew M. Taft, President
777 Taylor Street, Suite 100
Fort Worth, TX 76102-4908
7 2 Mailing of all notices pursuant to this Section shall be deemed sufficient if (i) properly
addressed as specified above or to such other person and address as previously designated in writing
b) the receiving party; and (ii) mailed via certified mail, postage prepaid, return receipt requested
All time periods related to any notice requirements specified in this Agreement shall commence on
the date that notice is mailed
License Agreement — General Worth Square Page 5 of 11
SECTION 8
INDEPENDENCE OF THE PARTIES
8.1 The parties hereto covenant and agree that each such party is independent and not an
officer, agent, servant, or employee of the other party. The parties further covenant and agree that
each such part) shall have exclusive control of and the exclusive right to control (i) the details of the
portion of work that each such party is performing hereunder and (ii) all persons performing same
on behalf of each party respectively. In addition, the parties covenant and agree that each such party
is responsible for the acts and omissions of its respective officers, agents, employees, separate
contractors, subcontractors, consultants, and subconsultants. Nothing herein shall be construed
as creating a partnership or joint enterprise between the City and DFWII.
SECTION 9
SUCCESSORS AND ASSIGNS
9.1 Neither party shall assign or otherwise transfer any or all of its rights and obligations under
this Agreement without the prior written consent of the other party. Any attempted assignment or
transfer without the consent of the other party shall be null and void.
SECTION 10
TERMINATION AND REMEDIES
10.1 This Agreement may be terminated by either party in writing for Cause For purposes of
this provision, the term "Cause" shall refer to the occurrence of any of the following: (i) DFWII
fails to comply with Section 3, Section 11, or Section 12 of this Agreement; (ii) DFWII shall become
insolvent, or shall make a transfer in fraud of creditors, or shall make an assignment for the benefit
of creditors; (iii) DFWII shall file a petition under any section or chapter of the National Bankruptcy
Act, as amended or under any similar law or statute of the United States or any State thereof; or
DFWII shall be adjudged bankrupt or insolvent in proceedings filed against DFWII thereunder;
(iv) a receiver or trustee shall be appointed for this Agreement or for substantially all of the assets of
DFWII, (v) DFWII vacates any substantial portion of the Project area of Park for a period of longer
than thirty (30) days after construction has commenced unless DFWII can demonstrate to the
satisfaction of the City that all reasonable efforts are being made by DFWII to continue pursuit of
the Project, (vi) DFWII shall do or permit to be done anything which creates a lien upon the Park or
any improvement therein (vii) DFWII fails to comply with any other term, provision or covenant of
this Agreement in any material respect, or (viii) the governing body of City shall fail to appropriate
sufficient funds to satisfy any obligation of City hereunder.
10 2 Except for termination due to non -appropriation, termination shall be effective ten (10) days
from the date that written notice is sent to the other party. Termination due to non -appropriation
shall be effective as of the last day of the fiscal period for which sufficient funds were appropriated
or upon expenditure of all appropriated funds, whichever comes first
10.3 If this Agreement is terminated prior to completion of the Project as outlined in
Attachments I and II DFWII shall return to the City all unexpended funds and shall transfer to City
all other funds raised for the Park that DFWII has in its possession as of the effective date of
termination. City shall use any and all such funds toward completion of the repair and
redevelopment of the Park.
License Agreement — General Worth Square Page 6 of 11
10.4 Within twenty (20) da) s following the effective date of termination or expiration, DFWII
shall remove from the Park all trade fixtures, tools, machinery, equipment, materials and supplies
placed on the Park by DFWI or its agents. After such time, City shall have the right to take full
possession of the Park and (i) to remove any and all parties and property remaining on any part of
the Park or (ii) to remove any and all parties and take and hold any personal property remaining on
any part of the Park as City's sole property DFWI agrees that it will assert no claim of any kind
against City, its agents, servants, employees, or representatives stemming from City s termination of
this Agreement or any act incident to City's assertion of its right to terminate or City's exercise of
any rights granted hereunder.
SECTION 11
INSURANCE
11.1 Before commencement of construction, DFWII shall require its General Contractor and
subcontractors, to obtain and maintain the types of insurance and limits of coverage described
below, and such coverage shall be evidenced by an ACORD form that lists the City as the Certificate
Holder and as an additional insured.
112 The Contractor and subcontractors must provide proof of insurance for Workers
Compensation (statutory); Comprehensive General Liability ($1,000,000 per occurrence, $2,000 000
aggregate); and Automobile Insurance ($1 000,000 each accident on a combined single basis or
$250,000 property damage/$500,000 bodily injury per person per occurrence. A commercial
business policy shall provide coverage on "any auto ', defined as autos owned, hired, and non -
owned). Additional lines of coverage may be requested.
ADDITIONAL INSURANCE REOUIREMENTS:
A. The City of Fort Worth, its officers, employees and servants shall be endorsed as an
additional insured on Contractor's insurance policies excepting employ er's liability
insurance coverage under Contractor's workers compensation insurance policy.
B. On the request of City, DFWII shall provide complete copies of all insurance
policies required by this Agreement Current and revised certificates of insurance
shall be delivered to the Risk Management Division of the City of Fort Worth, 1000
Throckmorton Street Fort Worth, Texas 76102 with a copy to Mike Ficke, Parks
and Community Services Department, 4200 South Freeway, Suite 2200, Fort Worth,
Texas 76115.
C. Any failure on part of the City to request required insurance documentation shall not
constitute a waiver of the insurance requirements specified herein.
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.
E All insurance policies required under this Agreement shall be endorsed with a waiver
of subrogation providing rights of recovery in favor of the City.
License Agreement — General Worth Square Page 7 of 11
Deductible limits, or self -funded retention limits, on each policy must not exceed
10 000.00 per occurrence unless otherwise approved b3 the City.
F. Other than worker's compensation insurance, in lieu of traditional insurance, the
City may consider alternative coverage or risk treatment measures through insurance
pools or risk retention groups Prior to employing such alternative coverage, written
approval must be obtained from the City's Risk manager.
G. The City shall not be responsible for the direct payment of insurance premium costs
for insurance required under this Agreement.
H. Contractor's insurance policies shall each be endorsed to provide that such insurance
is primary protection and any self -funded or commercial coverage maintained by the
City shall not be called upon to contribute to loss recovery.
I. In the course of the project, DFWII shall report, in a ttmel) manner, to the City any
known loss occurrence which could give rise to a liability claim or lawsuit or which
could result in a property loss.
J
Liability shall not be limited to the specified amounts of insurance required herein.
SECTION 12
PAYMENT AND PERFORMANCE BONDS
12.1 DFWII agrees to cause to be made and executed by the construction contractor two
separate bonds, in accordance with Section 2253.021 of the Texas Government Code and the
requirements of this section, with both such bonds listing City as a dual obligee.
12 2 Prior to the date of commencement of construction, the General Contractor shall furnish a
performance bond in the names of DFWII and of the City in a sum equal to the full amount of the
construction contract awarded. Said bond shall guarantee the faithful performance of necessary
construction and completion of improvements in accordance with approved final plans and detailed
specifications.
12.3 Prior to the date of commencement of construction, a payment bond in the names of
DFWII and of the City in a sum equal to the full amount of the construction contract awarded
12.4 DFWII shall ensure that both bonds list the City as a dual obligee.
SECTION 13
SEVERABILITY; WAIVER; HEADINGS
13.1 In the event any covenant, condition, or provision of this Agreement is held to be invalid by
any court of competent jurisdiction, the invalidity of such covenant, condition, or provision shall in
License Agreement — General Worth Square Page 8 of 11
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 the
City or DFWII in connection with the rights and obligations contained in the valid covenants,
conditions and provisions of this Agreement.
13.2 The failure of the City to insist on the performance of any term or provision of this
Agreement or to exercise any right herein conferred shall not be construed as a waiver or
relinquishment to any extent of the City's ability to assert or rely on any such term or right on any
future occasion. 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 of an other term covenant or condition of this Agreement, regardless of when the
breach occurred
13.3 The section headings contained herein are solely for convenience in reference and are not
intended to define or limit the scope of any provision of this Agreement.
SECTION 14
EFFECT ON THIRD PARTIES
14.1 Nothing herein shall be deemed to constitute a waiver of any immunity or affirmative
defense that may be asserted by the CITY or DFWII as to any claim of any third party. Nothing
herein shall be construed in any manner, to create a cause of action for the benefit of any person not
a party to this Agreement, or to create any rights for the benefit of any person not a party to this
Agreement not otherwise existing at law.
SECTION 15
DAMAGE TO CITY PROPERTY
15.1. In the event that any City -owned property, such as utilities, park improvements, equipment,
turf, etc., is damaged or destroyed during installation, watering, or maintenance of the Project
improvements due to negligence or acts or omissions of DFWII (or of its officers, agents, servants,
employees, separate contractors, subcontractors, consultants, or subconsultants), DFWII shall be
solely responsible for all repairs or replacements. In the event of damage attributable to DFWII,
DFWII shall replace or repair the damaged property at no cost to the City. The City and DFWII
shall Jointly determine whether any damage has been done, the amount of the damage, the
reasonable costs of repairing the damage, and whether DFWII is responsible.
SECTION 16
COMPLIANCE WITH LAW
16.1 DFWII shall comply with all federal, state, and local laws, rules, and regulations, as well as
with all regulations, restrictions, and requirements of the City's police, fire, code compliance, and
health departments now or hereafter in effect that are applicable to its operations DFWII shall
obtain and keep in effect at its own cost and expense all licenses and permits (except for those
permits for which the City has agreed to waive the fees under Section 3 1.5 of this Agreement) and
shall pay all taxes incurred or required in connection with this Agreement and its operations
hereunder.
License Agreement — General Worth Square Page 9 of 11
16 2 DFWII shall require through its contract with the General Contractor, that the General
Contractor and its subcontractors observe and comply with all federal, state and local laws, rules
and regulations, as well as with all regulations, restrictions, and requirements of the City s police, fire,
code compliance, and health departments now or hereafter in effect that are applicable to its
operations In particular, DFWII shall include in its contract language requiring the General
Contractor and all subcontractors to observe and comply with all City ordinances relating to
obstructing streets keeping alleys and other right-of-way open and protecting same.
16.3 Contractor shall require through its Contract with the General Contractor, that the General
Contractor and its Sub -Contractors shall perform their duties in a manner that will cause the least
inconvenience and annoyance to the general public and the property owners DFWII shall require
through its Contract with the General Contractor that the General Contractor exercise every
reasonable precaution for the safety of the property and the protection of any and all persons an/or
property located adjacent to or making passage through, or using said property.
SECTION 17
VENUE AND JURISDICTION
17.1 This Agreement shall be governed by the laws of the State of Texas.
17 2 Venue for any action brought to interpret or enforce or otherwise arising out of or incident
to the terms of this Agreement shall be in Tarrant Count), Texas or the United States
District Court for the Northern District of Texas, Fort Worth Division
SECTION 18
ENTIRE UNDERSTANDING; MODIFICATION
18.1 This Agreement (including all attachments, schedules, and exhibits attached hereto)
constitutes the final, entire, and complete understanding between the City and DFWII concerning
the responsibilities with respect to General Worth Square. Any prior or contemporaneous, oral or
written agreement that purports to vary from the terms hereof shall be void.
18.2 Amendments to this Agreement or to any attachment, schedule, or exhibit affixed hereto
may be proposed by either party and shall take effect only after written approval b) both parties.
SECTION 19
AUTHORITY
19.1 'the undersigned officers and/or agents of the parties hereto covenant and affirm that they
are the proper].) authorized officials and have the necessary authority to execute this Agreement on
behalf of the parties hereto
[SIGNATURES APPEAR ON NEXT PAGE]
License Agreement — General Worth Square Page 10 of 11
IN WITNESS WHEREOF; DFWII and the City have signed duplicate counterparts of the
Agreement.
CITY OF FORT WORTH
Susan Al.= ni
Assistant City Manager
APPROVED AS TO FORM AND
LEGALI
(1(
Denis C. 1Vcc Troy
Assistant ity Attorney
M&C G-16674 B '7S' O
ATTEST:
City Secretary
License Agreement — General Worth Square
DOWNTOWN FORT WORTH
INITIATIVES, INC.
redrew M. Taft
President
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Exhibit A
General Worth Square -Parks and Community Services In -kind Contribution
Estimate of Probable Costs
Description
SITE DEMOLITION AND SITE PREP
Qty. Cost/Unit Total
HARDSCAPE
REMOVE BRICK PAVEMENT IN PLAZA AND AROUND TREES 1745/SF $5.00 $8,725.00
REMOVE TREES 5 $500.00 $2,500.00
REMOVE SHRUBS 6 $100.00 $600.00
SUBTOTAL $11.825.00
SITE AMENITIES
REMOVE BENCHES 28 $200.00 $5,600.00
REMOVE KIOSK AND CONCRETE STRUCTURES WITH LIGHTS 2 $1,000.00 $2,000.00
LANDSCAPE
TREE TRIMMING
SUBTOTAL $7.600.00
1 541775.00 $4.775.00
TOTAL CONSTRUCTION $24,200.00
Phase I: General Worth Square -Scope of Work Attachment 1
Estimate of Probable Costs
Description
SITE DEMOLITION AND SITE PREP
LIGHTING
REMOVE OVERHEAD LIGHT FIXTURES ON TRELLIS COLUMNS IN JFK PLAZA
REMOVE LIGHTS ON WALLS
REMOVE LIGHTS IN WALLS
REMOVE LIGHT BOLLARDS
ADD ALTERNATE #1
SITE AMENITIES
REMOVE TRASH RECEPTACLE Provided additional funding remains
PLAQUES
REMOVE AND PROTECT JFK PLAQUE FOR RELOCATION
REMOVE AND PROTECT 'HATS' SCULPTURES FOR RELOCATION OFF SITE
INSTALLATION
HARDSCAPE
BRICK PAVER SET ON CONCRETE TO FILL IN WHERE OLD TREES WERE
DECOMPOSED GRANITE 6" DEEP AROUND TREES
REPOINT BRICK PAVEMENT JOINTS AROUND THE PARK AND SIDEWALKS
LANDSCAPE
NEW SOD FOR LAWN AREA
SITE AMENITIES
FREESTANDING CHAIRS
FREESTANDING TABLE
TRASH RECEPTACLE - LANDSCAPE FORMS CONCORD SERIES
LIGHTING
PATCHING WHERE TOP OF WALL LIGHT FIXTURES WERE REMOVED
PATCHING WHERE 48" LIGHT BOLLARDS WERE REMOVED FROM PAVEMENT
ELECTRICAL WORK
LIGHT BOLLARDS IN GENERAL WORTH SQUARE
12' PEDESTRIAN LIGHT - LANDSCAPE FORMS CONCORD SERIES
LIGHTING TO REPLACE LIGHTS IN WALL
LIGHTING IN TREES, 3-4 LIGHTS PER TREE, 24 TREES
LOW VOLTAGE TRANSFORMERS FOR LIGHTS IN TREES
LIGHTING ON TRELLIS IN JFK PLAZA
IRRIGATION
IRRIGATION REPLACEMENT OF TOTAL SITE (LAWN AND PLANTERS)
PLAQUES
REINSTALLATION JFK HISTORIC MARKER IN NEW LOCATION
ADD ALTERNATES
REPOINT BRICK PAVEMENT JOINTS AROUND THE PARK AND SIDEWALKS
REMOVE OVERHEAD LIGHT FIXTURES ON TRELLIS COLUMNS IN JFK PLAZA
LIGHTING ON TRELLIS IN JFK PLAZA
ADD ALTERNATE #2
Provided additional funding remains
Provided additional funding remains
Provided additional funding remains
ADD ALTERNATE #3
ADD ALTERNATE#1
ADD ALTERNATE #2
ADD ALTERNATE #3
Phase II: JFK Tribute- Scope of Work Attachment II
Description
SITE DEMOLITION AND SITE PREP
HARDSCAPE
SAW CUT PAVEMENT
REMOVE CONCRETE STEPS AND BRICK TREADS (INCLUDING CONCRETE BASE)
REMOVE BRICK PAVEMENT SIDEWALK (INCLUDING CONCRETE BASE)
WALLS
SAW CUT EXISTING WALLS
REMOVE EXISTING WALLS
LANDSCAPE
SOIL REMOVAL OF OLD RAISED BEDS
GRIND TREE STUMP 12" BELOW GRADE
REMOVE TREES
OTHER
REMOVE LIGHT BOLLARDS
TRAFFIC CONTROL
INSTALLATION
HARDSCAPE
FOUNDATION FOR STATUE 12" DEEP BY 6' SQUARE ATTACHED TO PARKING GARAGE
WATER PROOFING ABOVE PARKING GARAGE
CONCRETE BAND AT UPPER PLAZA
BRICK PAVEMENT AT STREET CORNER AND UPPER PLAZA
GRANITE (santa barbara granite) FRONT WALL FACE 1.5" THICK
GRANITE (santa barbara granite) BACK WALL FACE .75" THICK
GRANITE (santa barbara granite) LOWER WALL FACE .75" THICK
STAIR TREAD SOLID STONE
CONCRETE FOOTING UNDER GRANITE TREADS
PAVEMENT ON TOP OF AND AROUND THE 6" RAISED STATUE PLINTH -TILE
PAVEMENT AROUND THE STATUE PLAZA -TILE
CURBING -SOLID STONE
STRUCTURAL FILL UNDER PAVEMENT 12"
LANDSCAPE
SOIL BEHIND RETAINING WALLS
3" CALIPER ORNAMENTAL TREES
3 GALLON CONTAINER SHRUBS
VINES ON EDGE OF BACK WALL FACING HOTEL
BARK MULCH, 3" DOUBLE SHREADED
MISCELLANEOUS
RELOCATE AIR VENT FROM GARAGE NEAR PROPOSED STATUE
UTILITY ADJUSTMENT -ESTIMATE
BRONZE DONORS PLAQUE ON TOP OF SMALL PLINTH
SIGN RELOCATION
CONCRETE WALLS
1.5' CONCRETE BENCH WALL, CURVED BENCH BY GRASS
3' CONCRETE BENCH WALL, CURVED BENCH INFRONT OF STATUE
6' CONCRETE RETAINING WALL, FACING HOTEL
12' CONCRETE RETAINING WALL, EXHIBIT WALL
EXHIBIT WALL FOOTING
SITE AMENITIES
LARGE CUSTOM CURVED BENCH
SMALL CUSTOM CURVED BENCH -ELIMINATED PER SHIRLEE COMMENT 4-1-2011
IRRIGATION
IRRIGATION ADJUSTMENTS
LIGHTING
LIGHTING VARIOUS FIXTUERS
ADDITIONAL ELECTRICAL WORK (TRANSFORMER ETC)
EXHIBITS
EXHIBIT IMAGES -TEMPERED GLASS
ENGRAVED TEXT ON WALL: NARRATIVE, JFK NAME & QUOTE ON BACK
WATER FEATURE
WATER WALL BEHIND STATUE-'SHINGEL EFFECT
M&C Review
Page 1 of 2
ITY
Official site of the City of Fort Worth, Texas
FORT WORT II
OUNCIL ' GENDA
COUNCIL ACTION: Approved on 8/25/2009 - Ord. No. 18772-08-2009
DATE• 8/25/2009 NO.:
REFERENCE
CODE G TYPE:
SUBJECT:
G-16674 LOG NAME: 80JFKGENWORTHSQUARE
NON- PUBLIC NO
CONSENT HEARING:
Authorize the City Manager to Enter Into a License Agreement with Downtown Fort Worth
Initiatives, Inc for Improvements to General Worth Square Park with a City Contribution
of $250,000.00 from Gas Well Revenues and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council.
1. Authorize the City Manager to enter into a License Agreement with Downtown Fort Worth Initiatives,
Inc., for improvements to General Worth Square Park with a City contribution of $250,000.00 from gas
well revenues; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by
$250,000.00 in the Park Gas Lease Projects Fund from gas well revenues
DISCUSSION:
The purpose of this M&C is to authorize the City Manager to enter into a License Agreement with
Downtown Fort Worth Initiatives, Inc., for improvements to General Worth Square Park with a City
contribution of $250 000.00 from gas well revenues and to adopt an appropriation ordinance.
General Worth Square Park is located at 801 Main Street and was acquired in 1980. The 1.53 acre
park is located immediately north of the Fort Worth Convention Center. In 2008 Downtown Fort
Worth Initiatives, Inc., approached the City and proposed the redevelopment of General Worth
S quare Park to improve and enhance daily use of the park, encourage and support special events
and incorporate a tribute to President John F. Kennedy who gave his last public speech at this site on
N ovember 22 1963.
On December 7, 2008, a design charrette was held with a team of volunteer design professionals to
develop potential redesign schemes for the park. A Place -Making Workshop was facilitated by the
P roject for Public Spaces on June 1, 2009. Workshop attendees included adjacent property owners
and key downtown stakeholders including special event organizers. One of the outcomes of these
meetings was a recommendation that efforts should be made to develop and complete interim
improvements to General Worth Square Park to accommodate the placement of the President John
F. Kennedy sculpture. The donation of the President John F. Kennedy sculpture and other
refurbishments will be addressed in a future M&C.
The License Agreement will allow Downtown Fort Worth Initiatives, Inc., and their designated design
engineers/architects, contractors and vendors access to the park throughout the term of the
Agreement. The Parks and Community Services Department will review and approve plans for design
and installation of improvements at the park.
At their June 24, 2009, meeting the Parks and Community Services Advisory Board concurred with
staffs recommendation to accept the donation of repairs refurbishments and improvements to
General Worth Square Park and endorse the appropriation of $250,000.00 from the City-wide
undesignated park gas well funds.
http://apps.cfwnet.org/council_packet/mc review.asp?ID=12049&councildate=8/25/2009 1 0/19/201 1
M&C Review Page 2 of 2
An estimate of the direct and indirect costs is attached. The proposed expenditure of the City funds
complies with the City of Fort Worth's Financial Management Policy for the use of park gas well lease
revenues.
General Worth Square Park is located in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations and adoption of the attached supplemental appropriation ordinance funds will be
available in the current operating budget as appropriated, of the General Fund.
TO Fund/Account/Centers
1)C282 446200 801929990100
3) GG01 539120 0807041
1&2)
C282 538070 801929990100
2&3) GG01 472282 0807041
$250.000.00
$250.000.00
$250.000.00
$250.000.00
FROM Fund/Account/Centers
2) C282 538070 801929990100 $250.000.00
4) GG01 539120 0807041 $250.000.00
Submitted for City Manager's Office by: Charles W. Daniels (6199)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: David Creek (5744)
ATTACHMENTS
80JFKGENSWORTHSQUARE AO.doc
Aerial - General Worth Sauare.pdf
JFK Sculpture 1.JPG
JFK Sculpture 2.JPG
Location Map - General Worth Sauare.pdf
Updated General Worth Square Revised Estimates.doc
http://apps. cfwnet. org/council_packet/mc_review. asp?ID=12049&councildate =8/25/2009 10/19/2011