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Home My WebLink AboutContract 28164�I�Y ��R�T�� „�� . a�� AMEND1VIEl�TT OF CONTRA,CT FOR IMPROVEMEl�TS ANDIOR SERVICES IN THE FORT WORTH PUBLIC IMPROVEMENT D�STRICT NO, i (FISCAL YEAR 2002-2003) STATE OF TEXAS § COUNTY OF TARRANT § WHEREAS, on October 1, 20Q1, the City of Fort �lVorth {the "City") and Premier Communities, Inc. (the "Contractor"), entered into City Secretary Contract No. 27191, which provides for cer�ain i�nprovernents and sarvices ta be provided in the Fort Worth Public Tmprovement District No. 7, which irnprovements andlar services consist of a landsc�.ping, canstruction and xnaintenance program, and a management program; and WHEREAS, the City and the Contractor have mutually agreed that the a�oresaid contract sh�11 b� extend�d for an additional one-year periad begiiZning October 1, 2002, and ending Sepfember 30, 20Q3, but with the amendments hexeinafter contained; NOW THEREFORE, the City and the Contractor agree.• That, for and in cansideratian of the rnut-uai covenants, promises and agreements contained herein, the City of Fart Worth, hereinafier referxed to as "City", acting by and through Charles R Bosw ell, its duly authorized Assistant City Manager, and Premier Communi�ies, Inc., hereina#�er refez-red to as "Cantractar", acting by and through Cindy Huey, its duly autharized President, do hereby covenant and agree a� follows: 1. That the aforesaid contract for improvements and/ar services ll1 the Fort Worth Public Improvement District Na. 7, between the City and Contractar, dat�d Qctaber 1, 2001, referred to as City Secretary Contract No. 27191, be and is hereby extended for the period be�inning October 1, 2002, and terminaiing on Septembex 30, 20�13, but with the iflllowing amendments thereta: a) Section V, Term, is hereby amended by changin,g tlae first se�.tence thereof to read as follows (p. 4): "The term of this contract will be for a periad of one year beginning October 1, 2002, and terniinating September 30, 2�03." b) Section VI, Pavment� to Contractor, Subsection D, is hereby changed by adding the following: Tota1 revenues of the Districi and payments to the Contractor during this axtension periad sha11 consist of the follavving amaunts for the following improwements andlor services as approved by the City Council, which amounts are based on twelve (12) znonths of work: il .: ' �,,.� `, - i I.' � Revenues From Assessments FY 2002-03 (a) City Administrataan �ee (b) Maintenance ax�d Landscaping (c) Replacement Reserves (d} Contingency TOTAL $2,5b0 73,212 4,393 3,348 $83,453 Tatal Cost of Improvements /Services $2,500 218,700 13,123 10,000 $244,323* * The $160,870 difference between casts a�.d assessments reflects a$25,169 direct reimb�trsement from the City of Fort Worth far mowin� public areas, a$111,701 subsidy froxn. Hillwood Developznent Corporation, and a$24,OOQ subsidy frox�a Builders Assessments. In the case of any improvements andlor services whick� the Contractor does not provide throughout the entire 12 month term of the contract, the Contractor shall receive a pra rata payment to cover the months when such improvements and/or services were actually provided. (c) Section VTII, Tndemnification, Subsection A and B, are hereby changed to read as follows: A. THE CONIRACTOR COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY AND HOLD HARMT.ESS AND DEFEND THE CITY, ITS OFFICERS AND EMPLOYEES, FROM AND AGAINST A,NY AND ALL SUITS OR CLAiMS FOR DAMAGES OR INJUR�ES, INCLUDING DEATH, TO ANY AND ALL PERSONS OR PROPERTY, WHETHER REAL OR ASSERTED, ARISING OUT OF OR �N CONNECTIDN WITH ANY NEGLIGENT ACT OR NEGLIGENT OMISS�ON ON THE PART OF THE CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES OR SUBCONTRA,CTORS, AND THE CONTRACTOR DOES HEREBY A�SUME ALL LIABIL�TY AND RESPONSTBTLITY FOR INJiTRIES, C`LAIMS 4R SUITS FOR THE DAMAGES TQ PERSONS OR PROPERTY, OF WHATSOEVER HIND OR CHARACTER, WHETIIER REAL OR ASSERTED, OCCURRING DURING OR AR�SING OUT OF THE PERFURMANCE OF THI5 CONTRACT AS A RESULT OF ANY NEGLIGENT ACT OR NEGLIGENT OMISSION ON THE PART OF THE CONTRACTOR, IT5 OFFICERS, AGENTS, ,SERVANTS, EMPLOYEES OR SUSCONTRACTORS. SUCH INDEMNIFICATION SHALL iNCLUDE WORKERS' COMPENSATION CLAIMS OF OR BY ANYONE WHOMSOEVER IN ANY WAY RESULTING FROM OR ARISING OUT �F THE CONTRACTOR'S WORK, SERVICES AND OPERATION� IN CONNECTION HEREWTTH, INCLUDING OPERATIONS OF SUBCONTRACTORS. B. CONTRACTOR SHALL LIKEWISE INDEM1vIFY AND HOLD HARMLESS THE CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY -z- ARISING OUT OF OR IN CONNECTION WTTH ANY AND ALL NEGLYGENT ACTS OR NEGLIGENT OIVIISSIONS OF CONTRACTOR, IT5 OFFICERS, AGENTS, EMPLOYEES, CONTRACTOR, SUBCONTR.A,CTORS, LICENSEES OR INVITEE�. 2. That except as hereby extended and am�nded, the provisions of such contract shall remain unchanged and in fiill force and effect. EXECU'TED on this the day of , 2402. CITY OF FORT WORTH � By- t� `'' �� Charles R. Boswell As,sistant City Manager PRENIIER COMMUI�IITIES By: Cindy Huey President APPROVED AS TO FORM AND LEGALI . By: Assist� City Attorney Date: ' � � � � -3- ATTEST: , � B �� _ � - - _ Y� � Gloria P�arson, City �ec�etary C 1�� .� Con��a�t �ut�iori��tvr� �� 1a� I��,...,.,.-_ . � �� . �� << _.. ; C`ity of Fo�t T�o�ih, 2'exa�s y�� d ��r��ci� ��r��ca�i�� DAT� I�EFERENCE NUMBER LOG NAME PAGE 81271a2 �� 7� � 13PID-7 1 of 2 susJEcr pUBLIC HEARING �OR FORT WORTH PUBLIC 1MPROVEMENT DfSTR1CT NO. 7 (HERITAGE), ADOPT A BUDGET AN� SERVICE PLAN, ADaPT A PR4POSED ASSESSMENT ROLL, SET A BENEFIT HEARlNG DATE F�R FISCAL YEAR 2002- 20p3, AI]OPT AN ORDINANCE APPROPRIATING CERTAIN FUN�S FOR THE DISTRIGT, AND AUTHORIZE A CONTRACT EXTENSION WITH PREM�ER COMMUNITIES TO PROVIDE MANAGEMENT SERVECES F�R THE DISTRICT REC�MMENDATI�N: It is recommended that the City Council: 1. Hold a public hearing concerning the plan of s�r�ices and budget f�r FY2002-2003; and 2. Adjourn such p�blic hearing; and 3. Appro�e the attached service plan and budge� for FY2p02-2QQ3 as recommended by the Ad�isory Board ofi Pubiic Improvement District No. 7; and 4. Authorize tf�e transfer of $25,169 from the General Fund to the 5pecial Assessment District Fund, PID No. 7, FY2002-2003 project accoun�; and 5. Adopt the attached a�propriation ordinance increasing estimated receipts and apprapriations by $25,169 in the 5pecial Assessment District Fund from availabl� funds; and 6. Authorize the transfer of $2,50Q for administrative f�es from the Special Assessment District Fund, PID No. 7, FY2002-2003 praject account to the General Fund; and 7. Authorize the City Manager ta execute a canfiract ext�nsion with Premier Communi#ies to provide impravements ar�d services in PID No. 7 during FY2002-20Q3 for the sum ofi $108,622; and 8. Adopt the proposed 2002 assessment roll which is an file with the City 5ecretary, and s�t Tuesday, i September 10, 2002, at 7:00 p.m. in the City Council Chamber as the time and place #or the ben�fit hearing; and 9. Direct the City Secretary fo give notice af the S�ptem�er 10, 2002 hearing in accordance with Sta#e law; and 10. Appro�e adding to #he FY2002-2a03 budget, as canfingency, any unencumbered re�enues from the PID No. 7 assessments from prior years. DlSCUSSION: On September 26, 200� (M&C G-13021), the City Council esiablished Fort VNorth Public Impro�ement District No. 7. C'ity of'�`o�t �o��h9 T'exas �r�� d ��je ��r��ic�fi�� 1DATE REF�R�NC� NUMBER LOG NAME PAGE 8�27�02 �-13�13 I 13PID-7 2 of 2 suBJ�cr pUBLlC HEARING FOR FORT WORTH PUBLIC IMPROVEMENT D15TRICT NO. 7 {HERITAGE), ADOPT A BUDGET AND SERVICE PLAN, ADOPT A PROPOSED ASSESSMENT ROLL, SET A BENEFIT HEARING DATE FOR FISGAL YEAR 2002- 2003, ADOPT AN 4RDINANCE APPROPRIATING CERTAIN FUNDS FOR THE D15TRICT, AND AUTHORIZE A C�NTRACT EXTENSI4N WITH PREMIER COMMUNITIES TO PROVIDE MANAGEMENT SERVICES FOR THE D15TRICT State law requires an annual report on th� plan of services and praposed b��ge#, which are included as a part of this Mayar and Council Communication. The genera[ nature af the propos�d impro�ements andlor services to be pro�ided by #he district shall include: • An impro�ement district landscaping, construciian, and maintenance program consisting af the planting and maintenance of special supplemenfal landscaping, the maintenance af supplemental irrigation systems, and park maintenance; and � Special fencing in and alang bouler�ards, parks and open spaces; and • An impro�ement district management program to pro�ide for the administra�ion, management and operation of the dis#rict. F15CAL INFORMATIONICERTIFfCATION: Th� Finance Director certifies that upon appra�al and campletion of th� abo�� recommendatio�s and adop�ion of the attached appropriatian ordinance, funds will be a�ailable in the FY2002-2003 apera�ing bu�get, as appropriated, af the Speciaf Assessmenfi Distric� Fund. CB:n Submifted for City Manager's Office by: Charles Baswell Originating Department Head: Jim Keyes Additional InFormaEion Contact: FU1�D j (to) 4&5) GS87 6183 j 6) GG01 I 5) GS87 8517 (from) 4) GG01 7) G58i B) GS87 ACCOUNT I C�NTER � AMOUNT �472001 042507002000 $ 2�,1f9.p0 48�306 0134010 $ 2,500.00 539124 002507002000 $ 25,169A0 �saa-�o oso5soo � a5,�ss.ao 53912p d02507002000 $108,622.00 539120 0025p7QQ2000 $ 2,50Q.OD CITY SECRETARY AI'I'ROVBD 08/27/02 ORD.# 15205 Linda Brown G03U