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HomeMy WebLinkAboutContract 35173�;f I 'v` :���:f��iA6�Y"`��a , �CJN�TF�ACT f�C� . �. d. LICENSE AGREEMENT WITH VAN ZANDT COTTAGE FRIENDS, INC. STATE OF TEXAS § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF TARRANT § This LICENSE AGREEMENT (Agreement) is made and entered into this the � � day of ( , 2007, by and between the CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas, located within Tarrant, Denton, Parker, and Wise Counties, Texas (Hereinafter referred to as the "CITY") and the Van Zandt Cottage Friends, Inc., a legally constituted non-profit entity (hereinafter referred to as the "VZCFI") acting by and through its duly authorized President. WHEREAS, the Van Zandt Cottage (Cottage), located at 2900 Crestline Road was built in the 1850's and is the oldest home in Fort Worth still on its original foundation as a Registered Texas Historic Landmarlc; and WHEREAS, with funding provided from the Van Zandt Cottage Trust Fund, a Restoration Plan was commissioned with Arthur Weinman Architects which indicated that restoration work is required to the foundation of the Cottage; and WHEREAS, the i•estoration plan was endorsed by the Parks and Community Services Advisory Board in 2005; and Van Zandt Cottage Friends, Inc. raised funds for the necessary improvements to this Fort Worth historic landmark; and WHEREAS, the Fort Worth City Council approved M&C G-15548 on December 19, 2006, appropriating $25,000 from gas royalty revenue funds far the Van Zandt Cottage Foundation Repair; and WHEREAS, the Fort Worth City Council approved M&C C-22006 on March 6, 2007, authorizing the City Manager to enter into a contract with the VZCFI to repair the foundation of the historic Van Zandt Cottage, and to accept $19,500 as cash and in-kind match in improvements from the VZCFI; NOW, THEREFORE, and in consideration of the mutual covenants, promises, and agreements contained herein, City and the VZCFI do hereby covenant and agree,_as, £c��la�s,�_--« ,.- .__e ` �;:; f���i����i1;:�� ���;��J�'� � ,� � ,. , Page 1 of 10 �v���l�, ��L!t� ��!�������'� � . ..� � �� ��� ':":';`����� ��l i `� SECTION 1. PURPOSE 1.01 It is understood and agreed that the sole purpose of this Agreement is to provide for the repair and restoration of the historic Cottage foundation to insure the continued preservation of the Cottage for the benefit of the public and the citizens of Fort Worth. 1.02 VZCFI shall have the authority to award, execute and manage any and all contracts for the foundation repair. VZCFI shall insure that the contractor's work conforms to the plans and drawings provided with the Restoration Plan by Arthur Weinman Ai•chitects. 1.03 VZCFI shall comply with the City's M/WBE Ordinance No. 15530 during the award and administration of contracts. VZCFI has committed to a 19% M/WBE goal. VZCFI shall provide to the City at the conclusion of the work a report regarding this project's achievement in comparison to the City's goal of 25%. VZCFI shall ensure compliance with all federal, state, and municipal laws, statutes, rules, regulations, and all charter provisions. 1.04 Log Cabin Village Museum Director and Arthur Weinman Architects will be responsible for overseeing the worlc for the City. SECTION 2. STRUCTURE AND GROUNDS 2.01 Far and in consideration of the mutual covenants and agreements herein contained, City does hereby grant to VZCFI access to the Cottage and sun•ounding ground space for all purposes incident to this Agreement for the purpose of repairing the foundation of the Cottage. This area is hereafter referred to as the "Premises" in this Agreement. SECTION 3. TERM 3.01 The primary term of this Agreement shall be for a period of four (4) calendar months commencing on the 26th day of March 2007, and ending on the 26th day of July 2007. The primary term may be extended by mutual agreement between the VZCFI and the City for additional time as may be needed to complete the restoration of the Cottage. This extension shall be expressed in writing and signed by both parties. SECTION 4. TERMINATION 4.01 It is expressly provided that either party shall have the right to terminate this Agreement, without cause, upon thirty (30) days written notice to the other party. Page 2 of 10 SECTION 5. NON-DISCRIMINATION/ DISABILITIES 5.01 VZCFI agrees for itself, its pei•sonal representatives, successors in interest and assigns that no person shall be eacluded from the provision of any services on or in the construction of any improvements or alterations to the VZC on grounds of race, color, national origin, religion, handicap, gender, sexual orientation, or familial status. SECTION 6. RECORDS; REPORTS AND AUDITS 6.02 VZCFI agrees to maintain complete and accurate records of all expenditures related to the repair and restoration of VZC. VZCFI shall keep such records for a period of three (3) years after the completion of the agreement. 6.03 VZCFI shall keep complete and accurate records, books and accounts according to customary and accepted business practices and City shall, or its representatives, shall have the right to audit same at any reasonable time during the agreement and for a period of three (3) years after the completion of the agreement. SECTION 7. CONSTRUCTION; IMPROVEMENTS; LICENSES 7.01 All construction and improvement will be performed in strict compliance with all applicable provisions of the Constitution and laws of the State of Texas and the Charter, ordinances, regulations, polices and directives of the City of Fort Worth. VZCFI, its contractors and subcontractors, shall obtain all licenses and permits necessary for the construction of improvements to VZC. Permit fees will be waived by the City to the extent permitted by law. 7.02 The total cost of the foundation repair shall not exceed $44,500. Of this amount, $25,000 in cash is provided by the City and $19,500 is provided by VZCFI in the form of cash and in- lcind services. VZCFI shall make all payments due the contractor. After receiving confirmation of contractor payment, the City will reimburse VZCFI $25,000 for the worlc completed. For confirmation purposes, VZCFI shall submit contractor's invoice showing labor and materials used, a copy of the checic issued for payment, and a receipt from the contractor verifying receipt of the checic. SECTION 8. OWNERSHIP OF CONSTRUCTED FACILITIES 8.01 The title to any buildings or improvements constructed in VZC under this Agreement shall at all times be vested in the City. City shall retain ownership of the buildings, fixtures and all attached furnishings. Page 3 of 10 SECTION 9. LIENS 9.01 VZCFI agrees that unless otherwise authorized in accordance with this Agreement, 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 or filed shall be void. Should any purported lien on City property be created or filed, VZCFI at its sole expense shall liquidate and discharge same within ten (10) days after notice from City to do so; and should VZCFI fail to discharge same, such failure shall constitute a breach of the covenant herein. SECTION 10. SIGNAGE 10.01 VZCFI, may at its sole expense, with prior written approval of the Parks and Community Services Department Director (Director), install signs that comply with City sign codes on the Premises indicating to the public the work being done and estimated completion date. All signs must be in keeping with the general aesthetic background of the Premises, and the size, type, color, location, materials used, manner of display and subject matter must be in strict compliance with the City sign code and be speciiically approved by the Director, prior to installation. In the installation, maintenance and/or removal of such signs, VZCFI will eaercise reasonable care not to damage City buildings and/or property. SECTION 11. INDEPENDENT CONTRACTOR 11.01 It is expressly understood and agreed that VZCFI shall operate as an independent contractor in each and every respect hereunder and not as an agent, representative or employee of the City. VZCFI shall have the exclusive right to control all details and day-to-day operations relative to the activities under this Agreement and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. VZCFI acknowledges that the doctrine of respondeat superior will not apply as between City and VZCFI, its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. VZCFI further agrees that nothing in this Agreement will be construed as the creation of a partnership or joint enterprise between City and VZCFI. SECTION 12. PROPERTY LOSS, DAMAGE AND INJURY TO PERSONS 12.01 City and VZCFI mutually covenant and agree that City assumes no responsibility for any property placed on said Premises and City is hereby expressly released and discharged from any and all liability for any loss, injury or damage to persons or property that may be sustained by use or occupancy of said Premises. 12.02 VZCFI covenants and agrees that it shall take the Premises as it finds it. VZCFI further covenants and agrees that it will leave the Premises in as good or better condition than that which exists prior to its use of the Premises. VZCFI covenants and agrees that VZCFI will not do, or permit to be done, any injury or damage to any of said Premises or suffer any waste to the Premises; but in the event any damage is done, VZCFI hereby covenants and agrees to repair any damage ar reimburse City therefore promptly for the value of any damage. VZCFI shall keep_ __ �. IS, = � �-y�� - �, s �l�'�IJ�L*�i;i� J.S'�V�:i1',�;; r�.p �r i� f�i�� �?i' ; i�, i Page 4 of 10 �v�U l� �'�Li'�!L:°�:���� � � .�� � � � tr � h,° ,,5� , �,� ! �;7 ��, � -- �_.s___.f-��� --`./'� __ � � and maintain the Premises in a good, clean, and sanitary condition at all times. VZCFI shall be responsible for all damages caused by VZCFI, its agents, servants, employees, contractors, subcontractors, licensees or invitees, and VZCFI agrees to fully repair or otherwise cure all such damages at VZCFI's sole cost and expense. The City shall determine whether any damage has been done, the amount of the damage, and the reasonable costs of repairing the damage. Any damage by the VZCFI or others incident to the e�ercise of privileges herein granted shall be repaired or replaced by VZCFI to the reasonable satisfaction of the City within thirty (30) days of receipt of written notification from the City. SECTION 13. RIGHT OF ACCESS 13.01 At all times during the term of this agreement, City shall have the right, through its agents and representatives, to enter into and upon the Premises during reasonable business hours for the purpose of examining and inspecting the same for the purpose of determining whether VZCFI shall have complied with all of its obligations hereunder in respect to the use of the Premises. During any inspection, City may perform any obligations that City is authorized or required to perform under the terms of this License Agreement or pursuant to its governmental duties under federal, state or local laws, rules or regulations. SECTION 14. USE OF PREMISES 14.01 VZCFI covenants and agrees that it shall not engage in any unlawful use of the Premises. VZCFI further agrees that it shall not permit its officers, agents, servants, employees, contractors, subcontractors, patrons, licensees or invitees to engage in any unlawful use of the Premises and VZCFI immediately shall remove from the Premises any person engaging in such unlawful activities. Unlawful use of the Premises by VZCFI itself shall constitute an immediate breach of this Agreement. SECTION 15. COMPLIANCE WITH LAW 15.01 VZCFI will comply with all federal, state and local laws, statutes and all ordinances, charter provisions, rules and regulations of City; including all rules, regulations and/or requirements of the City of Fort Worth Police and Fire Departments; and any and all requirements specifically made by the City of Fort Worth Fire Marshal in connection with this Agreement. SECTION 16. INDEMNIFICATION 16.01 VZCFI 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 HIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY Page 5 of 10 RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY (i) VZCFI'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF VZCFI, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITI� OR SUBCONTRACTORS, RELATED TO USE OF THE VZC AND PREMISES OR THE PERFORMANCE OF THIS AGREEMENT; EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS OFFICERS, AGENTS, EMPLOYEES OR SEPARATE CONTRACTORS, AND IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH VZCFI AND CITY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. SECTION 17. INSURANCE REQUIREMENTS 17.01 VZCFI shall not allow, permit, or commence any worlc at VZC site until all the insurance required by this Agreement has been approved by the City. The Insurance requirement of this Agreement applies specifically to the repair and restoration of VZC. VZCFI shall be responsible for delivering certificates of insurance for the City's approval. The insurance coverage required herein shall include the coverage of all contractors/subcontractors, or such contractors/subcontractors shall provide to VZCFI, documentation of insurance reasonably equivalent to that required, according to the liability exposures related to the contractor's/subcontractor's services and/or materials. 17.02 VZCFI further covenants and agrees to ensure all contractors/subcontractors obtain and lceep in force during the term of this License a policy providing for bodily injury and property damage insurance in amounts as follows: a. Commercial General Liability $1,000,000 each occurrence $2,000,000 aggregate b. Automobile Liability $1,000,000 each accident on a combined single limit A commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned when said vehicle is used in the course of the event licensed herein. c. Worker's Compensation: Coverage A: Statutory limits Coverage B: Employer's Liability $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Page 6 of 10 d. In addition, VZCFI will require the same coverages for any of its contractors and their subcontractors to obtain and maintain in full force and effect during their work on the Premises. 17.03 Certificates of insurance evidencing all required insurance shall be delivered to City prior to occupancy. a. Applicable policies shall be endorsed to name City an Additional Insured thereon, as its interests may appear. The term City shall include its employees, officers, officials, agents, and volunteers as respects the conri•acted services. b. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. c. Any failure on the part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements. d. A minimum of thirty (30) days notice of cancellation or material change in coverage effecting the required lines and limits of insurance shall be provided to the City. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the Director, PACSD, City of Fort Worth, 4200 South Freeway, Suite 2200, Fort Worth, Texas 76115-1499. e. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A: VII in the current A.M. Best Key Rating Guide or have reasonably equivalent fmancial strength and solvency to the satisfaction of Risk Management. f. Deductible limits, or self insured retentions, affecting insurance required herein shall be acceptable to City in its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups must also be approved. Dedicated financial resources or letters of credit may also be acceptable to City. g. Applicable policies shall each be endorsed with a waiver of subrogation in favor of City. h. City shall be entitled, upon its request and without incurring expense, to review the VZCFPs insurance policies including endorsements thereto and, at the City's discretion, VZCFI may be required to provide proof of insurance premium payments. i. The Commercial General Liability insurance policy shall have no exclusions by endorsements that have effect on the lines and limits of insurance required in this agreement, unless the City approves such exclusions. SECTION 18. CHARITABLE ORGANIZATION 18.01 VZCFI agrees that if it is a charitable organization, corporation, entity or individual enterprise having, claiming or entitled to any immunity, exemption (statutory or otherwise) or limitation from and against liability for damage or injury to property or persons= _��.c��.-_ :,_ Y___�.. ,�. -� .� ; ,., � � �,�. �� •=�.%, � � oj � �.� !�'1� 1 ��: i i-: I .': � �'J �'.:) �. �� Page 7 of l0 ,;!;��'�l �1���1r;��;`t���'��i f r^. rl1" y�n;.n � J V� ;'6��JfilJli� U��G'�� i �._.� �_�_�-_��_ y. provisions of the Charitable Immunity and Liability Act of 1987, C.P. R.C., § 84.001 et seq., or other applicable law, that VZCFI hereby expressly waives its right to assert or plead defensively any such immunity or limitation of liability as against City. Copy of the documentation stating this organization's status as a 501(3)(c) entity is due annually, by May lst of each year, to the address specified below under Notices. SECTION 19. WAIVER 1901 The failure to insist upon a strict performance of any of the covenants or agreements herein set forth or to declare farfeiture for any violation thereof shall not be considered or talcen as a waiver or relinquishment for the future of City's rights to insist upon a strict compliance by VZCFI with all the covenants and conditions. SECTION 20. FORCE MAJEURE 20.01 It is expressly understood and agreed by the parties to this Agreement that if the performance of any obligations hereunder is delayed by i•eason of war; civil commotion; acts of God; inclement weather; governmental restrictions, regulations, or interferences; fires; strikes; locicouts; national disasters; riots; material or labor restrictions; transportation problems; or any other circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the party so obligated or permitted shall be e�cused from doing or performing the same during such period of delay, so that the time period applicable to such design or construction requirement shall be extended for a period of time equal to the period such party was delayed. SECTION 21. SECTION HEADINGS 21.01 The headings in this Agreement are inserted for reference only, and shall not define or limit the provisions hereof. SECTION 22. SEVERABILITY 22.01 In the event that any clause or provision of this Agreement shall be held to be invalid by any court or competent jurisdiction, the invalidity of such clause or provision shall not affect any of the remaining provisions hereof. SECTION 23. HOMELAND SECURITY 23.01 If the United States Department of Homeland Security issues a Level Oran�e or Level Red Alert, City, in its sole discretion, after consultation with VZCFI, may cancel or postpone any scheduled work in the interest of public safety. Page 8 of 10 SECTION 24. NOTICES 24.01 All notices required or permitted under this Agreement may be given to a party personally or by mail, addressed to such party at the address stated below or to such other address as one party may from time to time notify the other in writing. Any notice so given shall be deemed to have been received when deposited in the United States mail so addressed with postage prepaid: CITY: Parks and Community Services Department 4200 South Freeway, Suite 2200 Fort Worth, Texas 76115-1499 With a co�_y to: Benita Harper City Attorney's Office 1000 Throcicmorton Fort Worth, Texas 76102 VZCFI Van Zandt Cottage Friends, Inc. Ann Kinscherff, President 232 Casa Blanca Fort Worth TX 76107 Or to such other address as said parties may hereafter designate by notice in writing addressed and mailed or delivered to the other party hereto. SECTION 25. ENTIRE UNDERSTANDING 25.01 This Agreement expresses the entire understanding and all agreements of the parties hereto with each other and neither party hereto has made or shall be bound by any agreement or any representation to the other party which is not expressly set forth in this Agreement. SECTION 26. VENUE AND JURISDICTION 26.01 Venue shall be in the state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Te�as, Fort Worth Division. SECTION 27. POWERS 27.01 It is understood that by execution of this Agreement, City does not waive or surrender any of its governmental powers. Page 9 of 10 SECTION 28. AMENDMENT 28.01 This Agreement cannot be modified or amended without the written consent of all parties hereto, and said amendment attached and made a part of this Agreement. SECTION 29. EXECUTION 29.01 This Agreement may be executed in multiple counteiparts, each of which will be deemed an original, but which together will constitute one instrument. IN WITNESS WHEREOF, the parties ereto hav cut this agreement in multiples in Fort Worth, Tarrant County, Texas, this �1 day of , II-t , 2007. CITY OF FORT WORTH VAN ZANDT COTTAGE FRIENDS, INC. . � ___�_ By � ; � �-�, ; � ; -- B Y� �� "Libby ?Watson Ann Kinscherff Assistant City Manager APPROVED AS TO FORM AND LEGALITY: . , . -% �/ -` ' By� / ' � // %G,c :<�+�/� � �� -� ; �, Assistant City Attorney Page 10 of 10 President ATTEST: l� �. � ��� City Secretary 1�10 1'Ig�C� ����iJgld�D c,,22� �� ri',�.� ^p�j� ��.,� 1'':'l �:'sS'� �J � u ;�rr) � , .�,q � : ,:� � �,,:�'��%% � ';��iJL� J:��:����� �U ; � , � �;, g � `::�; ,r .�, ,,,, Vi I� `l � � ��� ..: ::;�.�,��,,, �I �� � .._�_____._._.. - _. � � City of Fori Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/6/2007 �.�__.�-r .-. - ---,Y__ ��„ � z�. ..�.��.�_._ � ,..�-_. , _-�:���._ -� ,.. � . _ _�._ , __�� DATE: Tuesday, March 06, 2007 LOG NAME: 80VANZANDT REFERENCE NO.: C-22006 SUBJECT: Authorization to Enter into a Contract with Van Zandt Cottage Friends, Inc., for the Foundation Repair of the Van Zandt Cottage and Accept Donation of Improvements RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to enter into a contract with Van Zandt Cottage Friends, Inc., to repair the historic Van Zandt Cottage foundation; and 2. Accept a donation of $19,500 in improvements from Van Zandt Cottage Friends, Inc., to repair the historic Van Zandt Cottage foundation. DISCUSSION: The Van Zandt Cottage ("Cottage"), located at 2900 Crestline Road was built in the 1850s. The Cottage is the oldest home in Fort Worth still on its original foundation as a Registered Texas Historic Landmark. A rich western heritage accompanies the Cottage. Wth funding from the Van Zandt Cottage Trust Fund, a Restoration Plan was commissioned with Arthur Weinman Architects. The results of this plan are a comprehensive internal and external examination of the condition and history of the 19th century home. The report also includes the restoration work required, condition photographs, detailed drawings and plans, a bibliography and pertinent reference documents. The Restoration Plan was endorsed by the Parks and Community Services Advisory Board in 2005. Since that time, Van Zandt Cottage Friends, Inc., (VZCF) have assisted staff with fundraising for the necessary improvements to this Fort Worth historic landmark. A neighborhood small grant application was submitted for the foundation repair. On December 19, 2006, City Council approved M&C G-15548, "Approval of the Parks and Community Services Department Small Capital Projects Plan for FY 2006-07", appropriating $25,000 from gas royalty revenue funds for the Van Zandt Cottage Foundation Repair. The total project cost is $44,500 with the remainder of funds ($19,500) coming from VZCF. After receiving confirmation of contractor payment, the City will reimburse VZCF $25,000 for the work completed. The Van Zandt Cottage is located in COUNCIL DISTRICT 9 and is a city-wide facility. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, Park Gas Lease Project. Logname: 80VANZANDT as appropriated, of the r� `� _ - � l:l�: �y�� r�u�lJv�i�J �'�,'� �� �'L'� • �'i��" ; l,�( Ir��4L� �°11`�' � � � �' �'� . i , __ -_ Page 1 of 2 TO Fund/Account/Centers FROM Fund/Account/Centers C282 541600 801929990100 $25,000.00 Submitted for City Manager's Office bk Originating Department Head: Additional Information Contact: Libby Watson (392-6183) Melody Mitchell (871-5704) Sandra Youngblood (871-5755) Harold Pitchford (871-5728) Logname: 80VANZANDT Page 2 of 2 City of Fort Worth, Texas Mayor and Council Communication _� _ �__�y �_� _. �Re. ��__� � ._� ___� -. --_ � - - - -- -- - � - - COUNCIL ACTION: Approved on 12/19/2006 - Ordinance No. 17327-12-2006 DATE: Tuesday, December 19, 2006 LOG NAME: 80SMCAPPROJ REFERENCE NO.: G-15548 SUBJECT: Approval of the Parks and Community Services Department Small Capital Projects Plan for FY 2006-07 and Adoption of Related Appropriation Ordinances �-�-� , _ _�--- � �», — — - - -�.�..- �- -� _ . -• ---�-_-__�� -- , ._:� ��. �r_�;.�._��.�.._ T .. , _ �. � �„r. .. .. _ _ . RECOMMENDATION: It is recommended that the City Council: 1. Approve the Small Capital Projects Crew Work Plan for inclusion in the Parks and Community Services Department's FY 2006-07 Capital Projects Work Plan; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by $741,400.00 in the Park Gas Lease Projects Fund from the Gas Well Royalty Revenues for various renovation projects. DISCUSSION: Starting in 2005-2006 the City utilized gas revenues to fund a small capital projects work crew to complete small projects (also funded by gas revenues) throughout the parks system. Generally these projects cost less than $100,000 and are more cost effectively accomplished by PACs staff than through a construction contract. The process calls for eligible projects to have been included in the Comprehensive Plan and identified as a priority in the Park, Recreation and Open Space Master Plan. Other considerations include the ability to realize economies through bulk purchasing, shipping discounts and maximized use of leased construction equipment. Of course total funds available limits the total number of projects as can work hours available for the crew. A proposed work plan was presented to the Parks and Community Services Advisory Board at their September 27, 2006 meeting. The Small Capital Projects Crew is expected to complete $741,400 in improvements. All projects listed are to be funded through gas revenues and require appropriation of funds as listed in this communication. The projects for FY 2006-07 are listed below. Project Cobblestone Trail Park Playground Renovation (CD 4) Kellis Park Playground Renovation (CD 3) Thorny Ridge Park Playground Renovation (CD 7) Trail Drivers Park Trail Replacement (CD 2) Rosenthal Park Shelter Replacement (CD 6) Tadlock Park Shelter Replacement (CD 8) Glenwood Park Shelter Replacement (CD 8) Handley Park Shelter Replacement (CD 5) Funding Source Gas Royalty Revenue Gas Royalty Revenue Gas Royalty Revenue Gas Royalty Revenue Gas Royalty Revenue Gas Royalty Revenue Gas Royalty Revenue Gas Royalty Revenue Amount $87,500.00 $87,500.00 $87,500.00 $47,500.00 $35,000.00 $35,000.00 $35,000.00 $35,000.00 Logname: 80SMCAPPROJ Page 1 of 2 Candleridge Park Low Water Crossing (CD 6) Van Zandt Cottage Foundation Repair (CD 9) Marine Park Shelter Replacement (CD 2) Sunset Hills Park Upgrade Practice Fields (CD 4) Village Creek Park Tennis Court Conversion (CD 5) Capps Park Shelter Replacement (CD 9) Gas Royalty Revenue Gas Royalty Revenue Gas Royalty Revenue Gas Royalty Revenue Gas Royalty Revenue Gas Royalty Revenue $100,000.00 $25,000.00 $52,000.00 $26,000.00 $36,400.00 $52,000.00 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Park Gas Lease Project Fund. TO Fund/Account/Centers C282 446200 801929990100 C282 541600 801929990100 Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: $741,400.00 $741,400.00 FROM Fund/Account/Centers Libby Watson (6183) Melody Mitchell (Acting) (5704) Harold Pitchford (Acting) (5728) Logname: 80SMCAPPROJ Page 2 of 2