HomeMy WebLinkAboutContract 28163�IiY ��������
��?Ni�A��' R�. � tl � �
�: � = ' � � � � � � � coNT�cT No.
CUNTRACT FOR IMPROVEMENT ANDIOR SERVICES
IN THE FORT WORTH ]:MPROVEMENT DISTRICT NO. G
�TATE OF TEXAS §
COUNTY OF TARRANT §
WHEREAS, on Sept�;mber 22, 1998, t.�e City Council of the City of Fori Worth, Texas,
adoptea Resolution Na. 2453 which established a public irnprovemen� district under Chapter
372, Local Govenunent Code, which disirict is known as the Fort Wo�h Impxovement District
No G (tbe "District"); and
WHEREAS, the City o£ Fort Worth (the "City") is aufhorized to utilize the District ta
undertake im�arovements and/or services thai confer special bene�its on the part of the City within
the District; and
WHEREAS, ihe Cii� Counci� xs authorized to levy and collect special assessment� on
p�operty in the District, based on the special services �onferred by the improvemenis and/ar
services, to pay �he cost of such improvements and/or serviaes; and
WI3EREAS, the City naw desires to �nter into a conh'act for certain improvernents
ancUor services in t�e District which improvements and/or services shall consist of maintenance
of landscaping, fencing and irrigation sysiems as well as a11 other services stated in the approved
Sezvice Plar� and Budget for the Dist�ict; and
WHEREAS, such improveznez�ts and/or services constitute a supplement to stiandard City
services and an add�d incr�ment af service ta pxovi.de other special benefits and services which
will enhance the vitality and quality of the District; and _
WHEREAS, Principal Management Group, (the "Contractor"} has agreed to assist the
City by praviding, iurnishing, or perfarming the aforesaid improvements and/ar services; and
WHEREAS, the City and the CQntractor mutually desire to enter a coniract whereby; For
the consideration stated below, the Contractar wi11 provide, fixrnish, ar p�rform such
improvements ar�dlor services as i'urther detailed �►erein.
NOW, THEREFORE, for and in consideration of the mutual covenanfs, promises, and
ag�reexnents contained herezn, the City, acting by and through Charles Bosw�ll, its duly authorized
Assistant City Managar, and the Contractor, acting by aa�.d tku-ough rohn Corona, its duly
authorized Presidunt, da hereby covenant and agree as follows:
� „ ��
r(�
��,.
I,
Enga�ement o� Contractor
The Ci�y herehy engages the Contractor, and �he Contractor her�by agrees to provide,
f�xrnish, ox perform the improvements andlar services to be pzovided in the District, as deseribed
in this contract and all at�achments hereto.
II.
Scoue of �ervices bv Contractor
The overall scope and approach of the improvements and/or services ta be provided,
furnished, or performed by the Con�ractor are more fully set forth in the approved 5ervi�e P1an
and Budget on file in the office of the City Secretary of ihe City and which is incorporated herein
by reference for all purposes. Such unprove�nents andlor services shall consi�t of the �ollowing:
{a) Oversee the bidding and awardin� of contraets for the mazntenance and/or repair
o�landscaping, irrigation, a�nd �encing systems;
{b) Monitar work performed by subcaniractors to ascertain that all work is perforrned
completely, prafessionally, and wif11 the appropriate level of quality and to make
whatever changes are necessary to achieve these objectives;
(c) Prepare annually a five-year Service Plan and Budget to be approved by the City
Council; and
(d) Maintain a full and accurate accounting of disburs�rnents �or reiambursement from
District revenues.
The Cantractar shall commEnce, cat�ry on, and provide such improvements and/or
services with all practicable dispatch, in a sound, econamical, and efficient manner, in
accardance with this contract and its attachments and all applicable laws, In providing such
impravexnents andlox searvi.ces, the Caz�tractor shall take steps as are appropriate to insure that fhe
woxk involved is praperly coordinated with related worlc being performed by the City.
The Cantractor represen�s that it has, or will secure at its own expense, all matexials,
supplies, machinery, equipment, a.ccess�ries, and ser�ices necessa�y to provide such
improvements andlor services in accordance with a11 of the requireme�ts of the Contractor's Plan
of Service and Bu�lget. The Contractor"s per�onnel sha11 not be amploy�es of or cansidered under
any contractual relatiazxship with the City. Uz�Iess otherwise specificalFy provided herein, alI o�
the improvem�nts anc1/ar services required hereunder will be performed by the Contractar or
under the Contractor's supervision, and all personnel engaged by the Cont�ractor shall be fizlly
qualified ta perform 5�ch impro�rernenfis and/ar services.
�
;:,
_ r
�
.�
2 . � '�
III.
The CxtY's Dufics and Respensibilities
A. The City sha.Il pzovitde the following services in conn�ction with operation af the District
and �he p�rformance of this contr�.ct:
1. Levying and collec�ing assessments atid recarding th� same in a separate revenue
accounfi;
2. Making payments to the Cani�actor fram special assessment revenues;
3. Maintaining the same Ievel of s�rvrces in the District a� tha� which the City
provides in a comparable area of the City;
4. Maintaining complei� and deta.iled records concerning any expenditu�es of special
assessment revenues which are rnade through City depari7ments, boards, or
age�cies;
5. Retaining and exp�nding revenues from special assessments, penalties, interest,
and investment income thereon solely in the District;
6. Preparing an annual report of delinquent property assessments and liens thereon to
be filed in the County Clerk's offic�;
7. Making regular reports to tbe Cantraetar cancerning delinquent assessments and
ma.�ing billings thereon as necessary; and
8. Producing an atu�ual assessment roll of properiy awners and property within the
District.
B. The City shall �ave no f�ancial ob�igation to the District other than levying and
callecting the assessments levied by the District, except as provided in Paragraph A.3
abave, and paying for improvements and/or services that the Contractor performs in the
Disirict, subject, however, to the pr�visions of Sections VI and VII herepf.
IV.
Amendments to Con�ract
This contract shall not be considered to be modified, altered, changed, or arnended in ariy
respeet unle�s the same is done in writing and is signed by boih partias.
;i �f f�1�11'S� If�%7LitJ�a�.
�; -, - -- ,� � '
i �
3 .' �
v.
Term
The initial term of this cantraci will be far a period af one {1} year, beginning October J,
2002. This cont:racfi may be extended for additional one-year fPrms beyand the iniiial term upon
rnutua� agreement of both parties. A� extension shall be in th� iForm of an a�nen.dment to the
contract. The compensation for contract extensians may be adjusted in accordance with the
annual Service Plan and Budge� approved by the Gity Cauncil. The agreement b�tween both
parties to exercise the extension aption rnust be campleted at Ieast thirty (30} days prior to the
end of the current contract term.
VI.
PaYments to COILiTaCtOr
A. The budget suminary and farecast far the District is as follows:
Total
Cost
{1} rnaintenance and landscaping
$634,147
{2} security patrols
{3) cxty administrative fee
{�} op�rating expenses
{5) replacement reserves
{6) contingency
(7) hameowriers assn.
(S} capifol improvements
Totals
�
To Be
Assessed
2002-03 FY
$696,146
100,000
8,50�J
17p,Q00
i oo,aoo
10,000
106,100
125,000
$1,315,746
91,094
7,743
154,860
91,094
9,109
96,651
113.868
$1,198,566 *
the $11.7,180 difference between costs and assessments reflects a direct reimbursement
from the City of Fort VGTorth for paxk maintenance.
S. The City shall pay the Can�ractor on or about February 1 annually, when ass�ssment
revenue is collected, for a11 appropriate expenses incuzred by the Contxactor upon
presentatian by the Contractor, and r�view and approval by �he City, of documents
evidencing payments for District services; provided, however, such payments shall not
exceed assessrnents actually collected.
C. Periodicaliy, but not more frequently than monthly, the Coniractvx shall present to the
City an invoice, a report of services render�d and documents eVidencing payments made
for District sezvices, and the C�ty shall pay the Contractar within fifteen (15) busine�s
days for District services within ih� lirnit oi assessments acivally coliected.
4
_ _'� u�.
�: t fe��;r �d�
�u��
D. The Contractor shall ma1�e a perioctic wark report, no less tlian quarterly, to the City
Manager or his designated representative. This wark report sha11 detail a11 of �the
Contractor's signi�icant vvork activzties. The format of the report sha11 be mutually agreed
upon by the Contractor and the City Manager. Payments to ihe Contractor may be
withheld if the report is not received. The City Manager, ar his designated representative,
sha11 have the right to verify �hat the report is complete and accurate.
E. The City anc� the Coniractor acknowledge that the budgei sum�xaary and forecast may be
amended frarn tixne-to-time. As such amendments occur and are adopted by Cifiy Council
resolution, the amendrnents shall be incorporated herein hy reference �nd shall govern
payments made by �he City to the Coniractor.
VII.
AvaiIabiliiv of Funds
If t'unds from special assessments are not av'ailable or are insu£�iicient for the City ta make
the paymenis due hereunder, the City will immediately notify the Contractax of such accurrence.
Tn the even� of such an insufficiency, the City and the Contractor shall m�et. and attempt to
negotiate an amendment to tk�is con.tract so that ihe scope af improvements andlor serviees io be
provided by the Contractor rnay be reduced to correspond to the amount of available funds. If
sueh an arnend�nent cannot be successfully negotiated, the Contractor shall have the xight to pay
the deficii (on a non-reimhursable basis), in which case this coniract shall coniinue. If such ar�
axnend�ent, cannot be successfiilly negotiated and the Confi�actor does not elect to fund the
deficit, ei�ier party may �enninate this cantract upon t.�irty (30) days advance written notice.
VIII.
Discrimination bv Coniractor
A. The Contractor, in the execution, performance, or atternpted performance of this contract,
wi11 not discrir�inate against any person or pexsons because of sex, race, religion, color ar
national axigin, nor will the Contractor pernut its o�'ficers, age�.ts, emplayees or
�u�contractars to engage in such discrimination.
B. This contract is made and entered into vsrith reference specifically to the ordi_nances
cadified at Chapter 17, Article III, Division 3("Ernploytnent Pracfices"), of the City Code
af the City o� Fort Worth, and Contractor hereby covenants and agrees �hat the
Contractor, its officers, a�ents, employees and subcontractars, have fully complied with
a11 pravisions of same and that no employee ar applica�t for employment has been
discriminated against under the tern�s of such ordinances by either the Contractor, i�s
o#ficers, agents, emplayees or subcan�ractors.
;�i , I
� ,
5 '
IX.
Disadvanta�ed Business Entert�rise Polic�
The City has adopted goals for ihe parkiciparion af minoritylwomen business enterprises
(MIVVBE) in City contrac�s through Ordinance No, l I923. Compliance by the Contractor with
ihe tezms of tYus ordinance and any amendments thereof is mandatory; failure by the Contr�.ctor
to comply with such polxcies shall constitute a breach of this con�ract and shall be grounds for
terrnination by the City. Any subcontracts to be performed hereund�r shall also be sul�ject to
provisions of the City palicies concerning goa�s for MIWBE participaiion in City contracts.
X.
Contractor Lxabilitv
The Contractor shall assume ftxll liability for any damages to any public or private
praperty which is due to the neglig�nce of Cont�ractor, its subcontractors, agents, permiiees or
assigns.
XI.
Personal Lia�ilitv of Public Officials
No employee of the City, nar any other agent of the City, shall be perso�ally zesponsible
for any liabilzty af the Cont�actor under the terms of this contract.
XII.
Citv Not Liable for DEIa�
It is further expressly agreed that in no event shall the Ci1y be liable or responsible to the
Con#ractor or any other person for or on account of any stoppage or d�lay in the work herein
provider� far by injunetian or other legal or equitable proceedings, or from or by or on account af
any delay for any cause over which the City has no control.
XIII.
Indemni�cation
A. THE CONTRACTOR C�VENANTS AND AGREES TO, AND DUES HEREBY,
TNDEMNIFY AND HOLD AAR�,ESS AND DEFEND THE CITY, ITS
OFFICERS AND EMPLOYE�S, FROM AND AGAINST ANY AND ALL SU�TS
OR CLAIlVIS FOR DAMAGES OR 1NJUIiIES, 1NCLUDING DEATH, TO ANY
AND ALL PERSONS OR PROPERTY, WHETHER REAL OR ASSERTED,
ARISING OUT �F OR IN CaNNECTIUN WITH ANY NEGLIGENT ACT OR
NEGLIGENT OMISSION ON TAE PART �F THE CONTRACTOR, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES OR SUBCONTRACTOR5,
AND THE CONTRACTOR DOES HEREBY ASSUME ALL LIAB�LITY AND
RESPONSIBILITY FOR INJURIES, CLAIM� OR SUITS FOR THE DAMAGES
TO PERSONS OR PROPERTY, OF WHATS�EVER HIND O�t �J3ARACTER,
� 1.fEr
WHETHER REAL OR ASSERTED, OCCURRING DURING OR ARI5ING OUT
OF THE PERFORMANCE OF THIS CONTRACT AS A RESULT OF ANY
NEGLIGENT ACT OR NEGLYGENT OMISSIQN ON THE PART OF THE
CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES OR
�UBCONTRACTORS. SUCH ZNDEMNTFYCATTON SHAI_,L INCLUDE
WORKERS' COMPENSATYON CLAIMS UF OR BY ANYONE WHOMSOEVER
IN ANY WAY RESTJLTING FROM OR ARIS�NG DUT OF THE
CONTRACTOR'S WORK, SERVICES AND OPERATIONS IN CONNECTYON
HEREWITH, INCLUDING OPERATIONS OF SUBCONTRACTORS.
B. CONTRACTOR SHALL LIKEWISE INDEMNIFY AND HOLD HARNIIIESS
THE CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY
ARISING DUT OF OR rN CONNECTION WITH ANY AND ALL NEGLIGENT
ACTS OR NEGLIGENT ONIISSI�NS OF CONTRACTOR, �TS OFFYCERS,
AGENTS, EMPLOYEES, CQNTRACTOR, SUBCONTRACTORS, L�CENSEES
OR 1NVITEES.
C. Tnsura�nce coverage specif ed herein constitutes the min�mum requirern�nts and said
requirements shall in no way lessen or limit the Iiability of ihe Contractor under th� terms
of this contract. The Contractor sha11 procure and maintain, at its own cost and expense,
any addrtianal kinds and amounts of insurance that, in its own judgment, may be
necessazy for propex proiection in the prosecutian of its work.
XN.
Independent Cantractor
It is expressly understaod and agreed that Confractor shall perform �.11 work and services
described herein as an independent contractor and not as an oificer, agent, servant or employea of
the Crty; that Canixactox sha11 have exclusive control of the details of the �services and work
performed hereunder, and a11 persans performing the same; and shall be salely respansible �or the
negligent acts and negligEnt omissions of its officers, agents, employees, cantractors and
subcontractors; that the doctrine of respond�nt s�xperiar shall no# apply as between City and
Contractor, its officers, agents, employees, contractors and subcan�tractors; and that nothing
herein shall be construed as creating a partnership ar joint enterprise l�etween Ci#y and
Confiractor. No person performing any of the work and services describ�d hereunder shall be
consider�d an offic�r, agent, servant ar employee of �ie City.
XV.
Insurance
Th� Contra�ior shall not comrrrence work u�der this contract until it has obtained all tl�e
insurance required under ihe contract and such insura.nce has been approved by the �ity,
Contractar shall be responsible far delivering to the City the Contractor's certificate of insurance
far approval. The City shall be endorsed as an additional insured in Cc�n�rac�ox's insurance
7
, �'�
policies. Contractor shall indicate on the certificate of insura�ce �uvhether ar not its insurax�ce
cover� subco��z'actors. It is the intention of the City that the insurance coverage required herein
shall include tke coverage of all subcontractaxs.
A. COMPENSATION INSURANCE: The Coniractor shall maintair� during the Iife of this
contract, Workers' Compensaiion Ins�irance on all of its employees to be engaged in
work ut�de�r this can�ract a�d for a11 subcontractors in accordance with the Workers'
Compensafian statute. In case any class o� employees engaged in hazardous work unc�er
this contract is not protect�d under fhe Warkers' Compensation statute, the Contractor
sha11 provide adequate employet�'s general liability insurance for the protectio�i of snch
emplayees not so protected.
B. COMPREHENSNE GENER.AI_, LIABII.ITY INSURANCE: The Contractar sha11
procuxe and shall maintain during th� life of this contract a cazn�ercial general liability
insurance policy in an amouni of not less tha� $I,OOQ,D00 cavering each occurre�ce with
aa� aggregate limit o�$2,OOD,000.
C. AUTOMOBIL,E INSURANCE - BODII,Y �N7URY AND PROPERTY DAMAGE: The
Contractor shall parocure and mai�tain, during tlie life of this contract, comprehensive
autamabile liabil�ty in an amount not less than $1,Q04,OOQ �or eacb accident. T1�is policy
shall cov�r any automobile used in the course of this cantract.
D. SCOPE OF IlVSUR.ANCE: The insurance �requiured under the above paragraphs shall
pr�vide adequate protection for the Contractor and its subcontraciors, respective�y,
against damage claims which may arise from operations und�r this con�ract, whether such
operations be by the insured or by anyone directly or indirectly employed by th� insured.
A11 insurance requirements made upon the Con�ractor shall apply to subconiractors
should the C�ontractor's insurance �ot cover the work operations of suhcontractors.
E. LOCAL AGENT FQR IN,SLTRANGE; The insurance campany with whom the
Cantractor's insurance is written shall be represented by an age�.t or agents having ar1
office located wiihin the Fort Worth-Dallas rnetropolitan area. Each such agent shall be
duly qualified, upon whom service or process may be had, and must have authority and
power to act on behalf of the insurance coxnpany to negotiate and settle witli the City, or
any ather claimant, any claims that the City, or any ather claimant, or any property owner
who has been damaged may have against the Contractor or insuranc�e cornpany. The
name of the agent ar agents shall be set forth on all certificates of insurance. Contracior
shall keep the required insurance in full Farce and �ffect at a11 times during tlie term of,
this contract and any renewals thereof. Contractor shall furnish to City a certificate of
iz�surance an a form furnish�d and approved by the City, evidencing that Contractor has
obtained ihe required insurance caverage. All policies mus� prQvide that t�ey may nof be
ehanged or canceled by the ixasuxer in Iess than five (5) days after ihe City had receiv�d
written notice of such change or cancellation. Such insurance ax�a.ounfis may be re�ised
upward at City's request, and Contractor shall revise such arnounts within tl�irty (30) days
after receipt of such request,
S --
�+ ,
xvi.
Laws to be Observed
The Contractor at all firnes shall observe and comply with all �ederal and state laws, local
laws, ordinances, orders and ragulations of the federal, staie, county or city governrnents. The
federal, state and local laws, ordinances arid regulations wluch affect those engaged or employed
in the work or equi�ment used in the wark, or which in any way affects the cond�ct of the work,
and na pleas of misunderstanding will be cansider�d on aceount o#' ignorance thereof.
XVII.
Taxes
The Contractar shall pay all federal, state and local taxes which may be chargeabla
against the performance of this work.
XVIIL
Permits
Before proceeding with the work hereunder, ik�e Cantractor shall obtain a,nd pay for any
neces�ary pernuts and licenses, whether issued by the state, county or City, and furnish proa£
thereof.
XI�L.
Character of Wr�rkmcn and Work
The Contractor and the Contractor's ezx�.ployees includin� subcontractors, shall be
competent and caxeful warkmen skilled in th�ir respective trades. The Contractar shall not
employ any per�on who repeatedly engages in misconduct c�r is incompetent or negligent in th�
due and proper perfonnance of his duties. The City sha.11 retain the right to require filae Contractor
to remove any employee who is guilty o£ misconduc# toward the public or is in any way
discourteous to the public. This warle is being performed for the public benefit and it is
necessary that it be perfarmed in an acceptable rnanner and at a satisfactory rate of progress.
XX.
Eauinment
The Contractor shall at all times maintain its equipm�nt in a elean, serviceable candition.
All equipment shall be properly licensed and inspected and clearly rnark�d vvith the Contractor's
name. The continued use of unserviceable and improper equipment shall be considered a breac�
of contract. �
XXI.
Assi�ni�►� or Sublettiung the Contract
�7
The Contractor shall not assign its rights asld obligations und�r this contract. The
Contractor may, hovcrev�r, subject to all ihe provisions of this cantiract and with written approval
of the City Manager, enter into subcontracts. No subcontract shall under any circumstances
reli�ve the Contractax o£ its liability and obligations under the confract; all transactions wi11 be
made through the Contractor. �uch subcantractors will b� recognized and dealt with only as
worl�nen and representatives of the Cant�ractor. Any subconiracts shall be subfect to the
parovisions of Seciion IX hereof.
XXII.
Breach of Contract
AIl �ertns, conditions and specifications of the contract shall be consider�d material, and
�aaiture to perfartn any part of the confract shall be considered breach of contract. Shauld �ae
Coniractor iail to xemedy and breach of contract within fourteen (14) days after written
nvtification to the Contractor of ihe violation, the City may, at its option and in addition to auy
other remedies available to ii unc�er law, tertninate the coniract. This con�ract shall not be
iertninated, however, if the Cantractor has cnmmenced to cure #he breach wi�hin said fourteen
(14) day period, and thereafter pursues such cure wifh reasonable diligence and in good faith.
Notvvithstanding the above, City rnay tenninate this Contract wiih or wifhout cause upon
thirty (30) days priar writien notice to Coniractor, providec� that such tarmination shall be without
prejudice to any other remedy the City may have. In the �vent af te�ination, any work in
progress will continue to comple�ion unless specified otherwise in the notice of terrnination, The
City shali pay for any such work in progress that is completed by Con�ractor and accepted by the
City.
X�IIII.
Contr�ct Administration
The City Managez' shall designate a representative to administer this cantract. The City
assigns io the Contractor �he r�sponsibility to perform the administrative, sup�rvisory and
managemeni tasks for the District as set forth in this contract ax�d the Budget and Plan of Service
which are on file in the office of the City Secretary. The Cantractor shall be ze�ponsible for
operation, oversight and supervision of the landscaping, construction, maintenaa�ce and
management programs. .
XX�V.
Infarmation
The Contractor shall, ai such time and in such �orm as City inay require, furnish periodic
information concerr�.ing the status of the proj ect and such other statezn.ents, certificates and
approvals relativa ta the proj ect as may be requested by tYxe City.
' , , ,
�
,- , �
10 -
�v.
Boaks and Records
The Coniractar shall maintain complete and accuz'a�e zecords with respect to costs
incurred under ihe contract. All such records shall be maintained on a generally-acc�pted
accounting basis and shall be clearly identified and readily accessible. The Contractor sha11
prQvide representatives of City or its appointees free aceess to such boo�s and records, at all
�roper timE�, in order that they may exarnine and audit the same and make copies thereof. The
Contractvr shall further allow the City and its representatives to make inspectians of all work
data, documents, pr�ceedings and activitias related to this contract. �uch right of access and
audit shall cantinue for a period of three (3) years from the date of final payment under this
contract.
XXV�.
Per%rmance Audit
City shall have t1�e right to canduct a performance audit and evaluation a� Cantractor at
such times as City deerns necessary. The Contractor shail fully cooperate with any such
per%rmance audit. The City may employ consultants at the City's expense io assist City in the
audit. The Canirac�or agrees to give the City and its consultaz�ts access to all reports, data,
schedules, etc., which may be required to conduct said performance auci�ifi.
XXVII.
Notices
� Any notices, bills, invaices or reports required by this contract shall be conclusively
determi�ed to have been delivered ih�ee (3) business days after it is deposited in the United
States mail, in a sealed envelope with suff'rcient postage attached, to the addresses listed below:
City of Fart Worth
Attn: City Manager
1000 Throckmorton Street
Fart Worth, Te�as 76102-6311
Principal Management Group
Attn: President
6707 Brentwood Stair Rd., Ste. 1 J.4
Fort Worth, Texas 76112-3354
XXVIII.
Headin�s Disre�arded
The titles of the several sections, subsections and pa7ragraphs set forth in this contract are
inserted for convenience of reference only and shall be disregarded in construing or interpreting
any of the provisions of this contra�t.
'l••:�
11 �
,
XXIX.
Venue and Jurisdiction
�hould any action, whether real or asser�ed, at 1aw or in equity, arise out of the execution,
perfarn�ance, attempted performance or nonperformance oF this cvntract, venue for said actxon
shall 1ie in Tarrant County, Texas. This coniract and any action in connection herewith sha11 be
governed, consirued and enfarced by the 1a�vs of the State of Texas.
XXX.
Severabilitv
In case any one or more of the provisians canta�ned in this contract shall, far any reason,
be held to be invalid, illegai or unenforceable in any respeet, such invalidity, illegality or
unenforceability shall nat af�ect any other provision of this contract whick� contract shall be
consirued as if such invalic�, illegal or unenforceabl� provision had never been contained herein.
7�X�.
Nan-Waiver
The failure of th� City to insist upon tka.e perfortnance of any term or provision of this
contraet ar to exercise any waiver or right herein coxtfer�red shall not be con.strued as a waiver o:r
relinquishment to any extent of City's right to assert or rely upan any such term or right on any
future occasian.
�I.
Entiretv nf Agreement
This written instru�ment and all attachment� incorporated herein by reference constitute
the entir� agreement by tlie parties hereto concerning the work and servic�s to be performed
hereunder, and any prior or contemporaneous oral aar w�-itten agreements which purport to vat3r
from the terins hereof shall be void.
12 .
XXXIII.
�ffec�ive Date
This contract is made and entered as of October 1, 2002.
WITNESS the following signature �.nd seals this
�+,1 2002.
�— day o£ . _]Ji51t�1r��,
CITY QF FORT WORTH, TEXAS
B �� `
Y•
Charles Bosu�ell, Assistant City Max�ager
Date: �d � / �� �
APPROVED AS TO FORM AND
LEGALITY:
By: ,
Assisiant City Attorney
Date: r � � � r� �
PRINCIPAL MANAGEMENT GROUP
� ��
By: °
J��a, esident
��'�-Q•. S�u.�l�-
Da�e: �� �c ���
ATTEST:
.��^ ��
B�: _ � (-� �- - � � _ _ --
G1oria Pea� �ty Secretary
Date:
� -- l � �
��
Con�ra�t 1�,t�hox� e1�i n
Q��c�� ��
--. ._�__--����— __.._�.:� ��.,
Dd��
13
:.f� � '": !
�i
-,- , >
,, ,
City of'1�"ori W'orih, T'e�a�s
�r�� ��i �����1� �a������afj��
DATE REFERENCE NUMBER LOG NAME PAGE
81271Q2 �,.. j�7� 2 13P1 D-6 9 of 2
SUBJECT pUBl.IC HEARWG FOR FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO. 6
(PARK GLEN}, ADOPT A BUQGET AND 5ERVICE PLAN, ADOPT A PROP05ED
ASSESSMENT R�LI�, SET A BENEFIT HEARING DATE FOR F'ISCA� YEAR 2�02-2003,
ADOPT AN ORDINANCE APPROPRIATING CERTAIN FUNDS FOR THE DfSTRICT,
AND AUTH4RIZE A C�NTRACT EXTENSION WITH PRINCIPAL MANAGEM�NT
GROUP TO PR�VIDE MANAGEMENT SERVICES FOR THE D�STR[CT
REGOMMENDATION:
It is recommended tha# the City Council:
1. Hald a public hearing concerning the plan of services and budget for �'Y2002-2003; and
2. Adjaurn such puhlic hearing; and
3. Appro�e the attached service plan and budgefi for FY2002-2003 as recomm�nded by #f�� Advisory
Board af Public Impro�ement District (PID) No. 6; and
4. Authorize the transf�r ofi $117,�80.40 from the General Fund to the Special Assessmen# District
Fund, PID No. 6, FY2Q02-20D3 project account; and
5, Adopt the atfiached appropriation ardinance increasing estimated receipts and appropriatians by
$117,180.OQ in the Special Assessment Dis�rict Fund fram a�railable funds; and
6. Authorize the transf�r of $8,500.D0 for administraiive fees from the Special Assessment District
Fund, PID No. 6, FY2002�2003 project accaunt to the General Fund; and
7. Authorize the City Manager to execute a con#ract extension with Principal Management Group to
provide impravements and services in PID No_ 6 during FY2002-2003 #or the sum of $1,315,746;
and
8. Adopt t�e proposed 2Q02 assessment roll which is on file with the Ci#y S�ecretary and set Tuesday,
September 14, 20D2, at 7:aa �.m. in the City Council Chamber as #he time and place for th� ��n��ifi
hearing; and
9. Direct the City 5ecretary to give natice af th� September 10, 2D02 hearing in accordance with State
law; and
10. Approve adding to the 2002-2003 budge�, as cantingency, any unencumhered revenues from the
PID No. 6 assessments from prior years.
DISCLISSION;
On September 29, 1998 (M&C G-�2341), th� City Cour�cil established �ort Worih F'ID No. B.
�'i�y o,� �o�t Wo�ih, T'exas
�r�r ��i ������e G����r�icafi��
DATE R�FERE]VCE NIJMBER LOG NAM� F'AGE
8127102 Ge13�1 � 13P{D-6 2 of 2
sus��cr PUBLIC HEARING FOR FORT WORTH PUBLIC IMPF�OVEMENT D15TRICT NO. 6
(PARK GLEN}, ADOPT A BUDGET AN� SERVIGE PLAN, ADOPT A PR�P�SED
ASSESSMENT ROLL, SET A BENEFIT HEARING DATE FOR FISCAL YEAR 2�02-2003,
ADOPT AN ORDINANCE APPROPRIATING CERTAIN FUNDS FOR THE DISTRICT,
AND AUTHORIZE A CONTRACT EXTENSI�N WITH PRINCIPAL MANAGEMENT
GROUP TO PFtOVIDE MANAGEMENT 5ERVICES FOR THE D15TRICT
State law requires an annual report on t�e plan of services and proposed �udget, which are �ncluded as
a par� of this Mayar and Council Communica#ion.
The genera! nature of the prap�sed improvements andlar services to be provided by the Distr�ct shall
� inc�ude:
� An impro��me�# district landscaping, constructian and maintenance program cansisting of the
planiing and main�enance of special supp[emental fandscaping, the maint�nance of
supplemental rrrigation systems, and par� maintenance; and
� Special fencing in and along boule�ards, parks and op�n spaces; and
� Supplementary security service provided by off duty law enforcement persor�nel; and
� An impravement district management program to provide for the administration, management
and operation af fhe district.
FISCAL INFORMATIONICERT[FICATION:
The Director of Fir�ance certifies that upon approval and campEetion af the above recommendations and
adoption of fhe attached appropriatian ordinance, funds will be avai[able in the FY2002-20�3 operating
budget, as appropriat�d, of the 5pecial Assessment Districi Fund.
CB:n
5ubmitted fur City M�nager's
Of�ce by:
Charles $oswell
Originating Depar#ment Head:
Jim Keyes
Additional Infprmation Contacts
� FUND
� (tn}
� 4&5} GS87
6183 I fi) GG41
5) GS87
I ACCOUI�T' I CENTER
472001 0025DB00200D
481306 0'[ 3401 D
539124 00250600200Q
I AMOUNT
$ 917,180.00
$ 8,500.OD
$ 117,180.OD
8517 � {from)
4} GG09
7) GS87
� 6) GS87
Linda Brown 6030 `
53807A �94580� $ 117,180.00
��s�zo ooz�osaazoao ��,s��,746.00
539120 04250600200D $ 8,5fl0.00
CITY SECRETARY
I APPROVED Q$/27/02
� ORD.# I5204
1
�
`