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
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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
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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,
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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.
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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.
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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.
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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.
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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)
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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
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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
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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.
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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