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HomeMy WebLinkAboutContract 29549 CITY SECRETARY " CONTRACT NO. -2 A4 CONTRACT FOR IMPROVEMENT AND/OR SERVICES IN THE FORT WORTH IMPROVEMENT DISTRICT NO. 6 STATE OF TEXAS § COUNTY OF TARRANT § WHEREAS, on September 22, 1998, the City Council of the City of Fort Worth, Texas, adopted Resolution No. 2453 which established a public improvement district under Chapter 372, Local Government Code, which district is known as the Fort Worth Improvement District No 6 (the "District"); and WHEREAS, the City of Fort Worth (the "City") is authorized to utilize the District to undertake improvements and/or services that confer special benefits on the part of the City within the District; and WHEREAS, the City Council is authorized to levy and collect special assessments on property in the District, based on the special services conferred by the improvements and/or services, to pay the cost of such improvements and/or services; and WHEREAS, the City now desires to enter into a contract for certain improvements and/or services in the District which improvements and/or services shall consist of maintenance of landscaping, fencing and irrigation systems as well as all other services stated in the approved Service Plan and Budget for the District; and WHEREAS, such improvements and/or services constitute a supplement to standard City services and an added increment of service to provide other special benefits and services which will enhance the vitality and quality of the District; and WHEREAS, Premier Communities Management Company, Incorporated, (the "Contractor") has agreed to assist the City by providing, furnishing, or performing the aforesaid improvements and/or services; and WHEREAS, the City and the Contractor mutually desire to enter a contract whereby; for the consideration stated below, the Contractor will provide, furnish, or perform such improvements and/or services as further detailed herein. NOW, THEREFORE, for and in consideration of the mutual covenants, promises, and agreements contained herein, the City, acting by and through Charles Boswell, its duly authorized Assistant City Manager, and the Contractor, acting by and through Cindy Huey, its duly authorized President, do hereby covenant and agree as follows: I. Engagement of Contractor The City hereby engages the Contractor, and the Contractor hereby agrees to provide, furnish, or perform the improvements and/or services to be provided in the District, as described in this contract and all attachments hereto. II. Scope of Services by Contractor The overall scope and approach of the improvements and/or services to be provided, furnished, or performed by the Contractor are more fully set forth in the approved Service Plan and Budget on file in the office of the City Secretary of the City and which is incorporated herein by reference for all purposes. Such improvements and/or services shall consist of the following: (a) Oversee the bidding and awarding of contracts for the maintenance and/or repair of landscaping, irrigation, and fencing systems; (b) Monitor work performed by subcontractors to ascertain that all work is performed completely, professionally, and with 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 disbursements for reimbursement from District revenues. The Contractor shall commence, carry on, and provide such improvements and/or services with all practicable dispatch, in a sound, economical, and efficient manner, in accordance with this contract and its attachments and all applicable laws. In providing such improvements and/or services, the Contractor shall take steps as are appropriate to insure that the work involved is properly coordinated with related work being performed by the City. The Contractor represents that it has, or will secure at its own expense, all materials, supplies, machinery, equipment, accessories, and services necessary to provide such improvements and/or services in accordance with all of the requirements of the Contractor's Plan of Service and Budget. The Contractor's personnel shall not be employees of or considered under any contractual relationship with the City. Unless otherwise specifically provided herein, all of the improvements and/or services required hereunder will be performed by the Contractor or under the Contractor's supervision, and all personnel engaged by the Contractor shall be fully qualified to perform such improvements and/or services. 2 III. The City's Duties and Responsibilities A. The City shall provide the following services in connection with operation of the District and the performance of this contract: 1. Levying and collecting assessments and recording the same in a separate revenue account; 2. Making payments to the Contractor from special assessment revenues; 3. Maintaining the same level of services in the District as that which the City provides in a comparable area of the City; 4. Maintaining complete and detailed records concerning any expenditure of special assessment revenues, which are made through City departments, boards, or agencies; 5. Retaining and expending 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 assigned to the City's delinquent tax collection attorney; 7. Making regular reports to the Contractor concerning delinquent assessments and making billings thereon as necessary; and 8. Producing an annual assessment roll of property owners and property within the District. B. The City shall have no financial obligation to the District other than levying and collecting the assessments levied by the District, except as provided in Paragraph A.3 above, and paying for improvements and/or services that the Contractor performs in the District, subject, however, to the provisions of Sections VI and VII hereof. IV. Amendments to Contract This contract shall not be considered to be modified, altered, changed, or amended in any respect unless the same is done in writing and is signed by both parties. 2 rJi j1l�:C � �lu'✓�:a V. Term The initial term of this contract will be for a period of nine (9) months, beginning January 1, 2004. This contract may be extended for additional one-year terms beyond the initial term upon mutual agreement of both parties. An extension shall be in the form of an amendment to the contract. The compensation for contract extensions may be adjusted in accordance with the annual Service Plan and Budget approved by the City Council. The agreement between both parties to exercise the extension option must be completed at least thirty (30) days prior to the end of the current contract term. VI. Payments to 'Contractor A. The budget summary and forecast for the District is as follows: Total To Be Cost Assessed 2003-04 FY (1) maintenance and landscaping $736,971 $699,455 (2) security patrols 100,000 100,000 (3) city administrative fee 8,500 8,500 (4) operating expenses 204,000 204,000 (5) contingency 10,000 10,000 (6) homeowners assn. 113,092 113,092 (7) capitol improvements 50,000 50,000 Totals $1,222,563 $1,185,047* * the $37,516 difference between costs and assessments reflects a direct reimbursement from the City of Fort Worth for park maintenance. B. The City shall pay the Contractor monthly, when assessment revenue is collected, for all appropriate expenses incurred by the Contractor upon presentation by the Contractor, and review and approval by the City, of documents evidencing payments for District services; provided, however, such payments shall not exceed assessments actually collected. C. Periodically, but not more frequently than monthly, the Contractor shall present to the City an invoice, a report of services rendered and documents evidencing payments made for District services, and the City shall pay the Contractor within fifteen (15) business days for District services within the limit of assessments actually collected. D. The Contractor shall make a periodic work report, no less than quarterly, to the City Manager or his designated representative. This work report shall detail all of the Contractor's significant work activities. The format of the report shall be mutually agreed upon by the Contractor and the City Manager. Payments to the Co ludy e withheld if the report is not received. The City Manager, or his designated representative, shall have the right to verify that the report is complete and accurate. E. The City and the Contractor acknowledge that the budget summary and forecast may be amended from time-to-time. As such amendments occur and are adopted by City Council resolution, the amendments shall be incorporated herein by reference and shall govern payments made by the City to the Contractor. VII. Availability of Funds If funds from special assessments are not available or are insufficient for the City to make the payments due hereunder, the City will immediately notify the Contractor of such occurrence. In the event of such an insufficiency, the City and the Contractor shall meet and attempt to negotiate an amendment to this contract so that the scope of improvements and/or services to be provided by the Contractor may be reduced to correspond to the amount of available funds. If such an amendment cannot be successfully negotiated, the Contractor shall have the right to pay the deficit (on a non-reimbursable basis), in which case this contract shall continue. If such an amendment, cannot be successfully negotiated and the Contractor does not elect to fund the deficit, either party may terminate this contract upon thirty(30) days advance written notice. VIII. Discrimination by Contractor A. The Contractor, in the execution, performance, or attempted performance of this contract, will not discriminate against any person or persons because of sex, race, religion, color or national origin, nor will the Contractor permit its officers, agents, employees or subcontractors to engage in such discrimination. B. This contract is made and entered into with reference specifically to the ordinances codified at Chapter 17, Article III, Division 3 ('Employment Practices"), of the City Code of the City of Fort Worth, and Contractor hereby covenants and agrees that the Contractor, its officers, agents, employees and subcontractors, have fully complied with all provisions of same and that no employee or applicant for employment has been discriminated against under the terms of such ordinances by either the Contractor, its officers, agents, employees or subcontractors. IX. Disadvantaged Business Enterprise Policy The City has adopted goals for the participation of minority/women business enterprises (M/WBE) in City contracts through Ordinance No. 11923. Compliance by the Contractor with the terms of this ordinance and any amendments thereof is mandatory; failure by the Contractor to comply with such policies shall constitute a breach of this contract and shall be grounds for 5 termination by the City. Any subcontracts to be performed hereunder shall also be subject to provisions of the City policies concerning goals for M/WBE participation in City contracts. X. Contractor Liability The Contractor shall assume full liability for any damages to any public or private property which is due to the negligence of Contractor, its subcontractors, agents, permitees or assigns. XI. Personal Liability of Public Officials No employee of the City, nor any other agent of the City, shall be personally responsible for any liability of the Contractor under the terms of this contract. XII. City Not Liable for Delay It is further expressly agreed that in no event shall the City be liable or responsible to the Contractor or any other person for or on account of any stoppage or delay in the work herein provided for by injunction or other legal or equitable proceedings, or from or by or on account of any delay for any cause over which the City has no control. XIII. Indemnification A. THE CONTRACTOR COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY AND HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL SUITS OR CLAIMS FOR DAMAGES OR INJURIES, INCLUDING DEATH, TO ANY AND ALL PERSONS OR PROPERTY, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH ANY NEGLIGENT ACT OR NEGLIGENT OMISSION ON THE PART OF THE CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES OR SUBCONTRACTORS, AND THE CONTRACTOR DOES HEREBY ASSUME ALL LIABILITY AND RESPONSIBILITY FOR INJURIES, CLAIMS OR SUITS FOR THE DAMAGES TO PERSONS OR PROPERTY, OF WHATSOEVER HIND OR CHARACTER, WHETHER REAL OR ASSERTED, OCCURRING DURING OR ARISING OUT OF THE PERFORMANCE OF THIS CONTRACT AS A RESULT OF ANY NEGLIGENT ACT OR NEGLIGENT OMISSION ON THE PART OF THE CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES OR SUBCONTRACTORS. SUCH INDEMNIFICATION SHALL INCLUDE WORKERS' COMPENSATION CLAIMS OF OR BY ANYONE WHOMSOEVER IN ANY WAY RESULTING FROM OR ARISING OUT OF THE 6 CONTRACTOR'S WORK, SERVICES AND OPERATIONS IN CONNECTION HEREWITH,INCLUDING OPERATIONS OF SUBCONTRACTORS. B. CONTRACTOR SHALL LIKEWISE INDEMNIFY AND HOLD HARMLESS THE CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH ANY AND ALL NEGLIGENT ACTS OR NEGLIGENT OMISSIONS OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, CONTRACTOR, SUBCONTRACTORS, LICENSEES OR INVITEES. C. Insurance coverage specified herein constitutes the minimum requirements and said requirements shall in no way lessen or limit the liability of the Contractor under the terms of this contract. The Contractor shall procure and maintain, at its own cost and expense, any additional kinds and amounts of insurance that, in its own judgment, may be necessary for proper protection in the prosecution of its work. XIV. Independent Contractor It is expressly understood and agreed that Contractor shall perform all work and services described herein as an independent contractor and not as an officer, agent, servant or employee of the City; that Contractor shall have exclusive control of the details of the services and work performed hereunder, and all persons performing the same; and shall be solely responsible for the negligent acts and negligent omissions of its officers, agents, employees, contractors and subcontractors; that the doctrine of respondent superior shall not apply as between City and Contractor, its officers, agents, employees, contractors and subcontractors; and that nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. No person performing any of the work and services described hereunder shall be considered an officer, agent, servant or employee of the City. XV. Insurance The Contractor shall not commence work under this contract until it has obtained all the insurance required under the contract and such insurance has been approved by the City. Contractor shall be responsible for delivering to the City the Contractor's certificate of insurance for approval. The City shall be endorsed as an additional insured in Contractor's insurance policies. Contractor shall indicate on the certificate of insurance whether or not its insurance covers subcontractors. It is the intention of the City that the insurance coverage required herein shall include the coverage of all subcontractors. A. COMPENSATION INSURANCE: The Contractor shall maintain during the life of this contract, Workers' Compensation Insurance on all of its employees to be engaged in work under this contract and for all subcontractors in accordance eau' the Workers' Compensation statute. In case any class of employees engaged in hazarddus work=i this contract is not protected under the Workers' Compensation statute, the Contractor shall provide adequate employer's general liability insurance for the protection of such employees not so protected. B. COMPREHENSIVE GENERAL LIABILITY INSURANCE: The Contractor shall procure and shall maintain during the life of this contract a commercial general liability insurance policy in an amount of not less than $1,000,000 covering each occurrence with an aggregate limit of$2,000,000. C. AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY DAMAGE: The Contractor shall procure and maintain, during the life of this contract, comprehensive automobile liability in an amount not less than $1,000,000 for each accident. This policy shall cover any automobile used in the course of this contract. D. SCOPE OF INSURANCE: The insurance required under the above paragraphs shall provide adequate protection for the Contractor and its subcontractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by the insured. All insurance requirements made upon the Contractor shall apply to subcontractors should the Contractor's insurance not cover the work operations of subcontractors. E. LOCAL AGENT FOR INSURANCE: The insurance company with whom the Contractor's insurance is written shall be represented by an agent or agents having an office located within the Fort Worth-Dallas metropolitan 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 company to negotiate and settle with the City, or any other claimant, any claims that the City, or any other claimant, or any property owner who has been damaged may have against the Contractor or insurance company. The name of the agent or agents shall be set forth on all certificates of insurance. Contractor shall keep the required insurance in full force and effect at all times during the term of, this contract and any renewals thereof. Contractor shall furnish to City a certificate of insurance on a form furnished and approved by the City, evidencing that Contractor has obtained the required insurance coverage. All policies must provide that they may not be changed or canceled by the insurer in less than five (5) days after the City had received written notice of such change or cancellation. Such insurance amounts may be revised upward at City's request, and Contractor shall revise such amounts within thirty (30) days after receipt of such request. XVI. Laws to be Observed The Contractor at all times shall observe and comply with all federal and state laws, local laws, ordinances, orders and regulations of the federal, state, county or city governments. The federal, state and local laws, ordinances and regulations which affect those engaged or employed 8 in the work or equipment used in the work, or which in any way affects the conduct of the work, and no pleas of misunderstanding will be considered on account of ignorance thereof. XVII. Taxes The Contractor shall pay all federal, state and local taxes that may be chargeable against the performance of this work. XVIII. Permits Before proceeding with the work hereunder, the Contractor shall obtain and pay for any necessary permits and licenses, whether issued by the state, county or City, and furnish proof thereof. XIX. Character of Workmen and Work The Contractor and the Contractor's employees including subcontractors shall be competent and careful workmen skilled in their respective trades. The Contractor shall not employ any person who repeatedly engages in misconduct or is incompetent or negligent in the due and proper performance of his duties. The City shall retain the right to require the Contractor to remove any employee who is guilty of misconduct toward the public or is in any way discourteous to the public. This work is being performed for the public benefit and it is necessary that it be performed in an acceptable manner and at a satisfactory rate of progress. XX. Equipment The Contractor shall at all times maintain its equipment in a clean, serviceable condition. All equipment shall be properly licensed and inspected and clearly marked with the Contractor's name. The continued use of unserviceable and improper equipment shall be considered a breach of contract. XXI. Assigning or Subletting the Contract The Contractor shall not assign its rights and obligations under this contract. The Contractor may, however, subject to all the provisions of this contract and with written approval of the City Manager, enter into subcontracts. No subcontract shall under any circumstances relieve the Contractor of its liability and obligations under the contract; all transactions will be made through the Contractor. Such subcontractors will be recognized and dealt with only as workmen and representatives of the Contractor. Any subcontracts shall be subject to the provisions of Section IX hereof. 1 9 ` XXII. Breach of Contract All terms, conditions and specifications of the contract shall be considered material, and failure to perform any part of the contract shall be considered breach of contract. Should the Contractor fail to remedy and breach of contract within fourteen (14) days after written notification to the Contractor of the violation, the City may, at its option and in addition to any other remedies available to it under law, terminate the contract. This contract shall not be terminated, however, if the Contractor has commenced to cure the breach within said fourteen (14) day period, and thereafter pursues such cure with reasonable diligence and in good faith. Notwithstanding the above, City may terminate this Contract with or without cause upon thirty (30) days prior written notice to Contractor,provided that such termination shall be without prejudice to any other remedy the City may have. In the event of termination, any work in progress will continue to completion unless specified otherwise in the notice of termination. The City shall pay for any such work in progress that is completed by Contractor and accepted by the City. XXIII. Contract Administration The City Manager shall designate a representative to administer this contract. The City assigns to the Contractor the responsibility to perform the administrative, supervisory and management tasks for the District as set forth in this contract and the Budget and Plan of Service, which are on file in the office of the City Secretary. The Contractor shall be responsible for operation, oversight and supervision of the landscaping, construction, maintenance and management programs. XXIV. Information The Contractor shall, at such time and in such form as City may require, furnish periodic information concerning the status of the project and such other statements, certificates and approvals relative to the project as may be requested by the City. XXV. Books and Records The Contractor shall maintain complete and accurate records with respect to costs incurred under the contract. All such records shall be maintained on a generally accepted accounting basis and shall be clearly identified and readily accessible. The Contractor shall provide representatives of City or its appointees free access to such books and records, at all proper times, in order that they may examine and audit the same and make copies thereof. The Contractor shall further allow the City and its representatives to make jnsp k 10 f, data, documents, proceedings and activities related to this contract. Such right of access and audit shall continue for a period of three (3) years from the date of final payment under this contract. XXVI. Performance Audit City shall have the right to conduct a performance audit and evaluation of Contractor at such times, as City deems necessary. The Contractor shall fully cooperate with any such performance audit. The City may employ consultants at the City's expense to assist City in the audit. The Contractor agrees to give the City and its consultants access to all reports, data, schedules, etc., which may be required to conduct said performance audit. XXVII. Notices Any notices, bills, invoices or reports required by this contract shall be conclusively determined to have been delivered three (3) business days after it is deposited in the United States mail, in a sealed envelope with sufficient postage attached, to the addresses listed below: City of Fort Worth Premier Communities Management Company, Inc. Attn: City Manager Attn: Cindy Huey, President 1000 Throckmorton Street 2711 North Haskell, Suite 2650 Fort Worth, Texas 76102-6311 Dallas, TX 75204-2901 XXVIII. Headings Disregarded The titles of the several sections, subsections and paragraphs 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 contract. XXIX. Venue and Jurisdiction Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance or nonperformance of this contract, venue for said action shall lie in Tarrant County, Texas. This contract and any action in connection herewith shall be governed, construed and enforced by the laws of the State of Texas. XXX. Severability In case any one or more of the provisions contained in this contract shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this contract which contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. XXXI. Non-Waiver The failure of the City to insist upon the performance of any term or provision of this contract or to exercise any waiver or right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely upon any such term or right on any future occasion. XXXII. Entirety of Agreement This written instrument and all attachments incorporated herein by reference constitute the entire agreement by the parties hereto concerning the work and services to be performed hereunder, and any prior or contemporaneous oral or written agreements which purport to vary from the terms hereof shall be void. .ro•, a2r'e 11 12 I I XXXIII. Effective Date This contract is made and entered as of Janu/a�ry^ 2004. WITNESS the following signature and seals this `�-// day of � 2004. CITY OF FORT WORTH, TEXAS PREMIER COMMUNITIES MANA MENT COMPANY, INC. By: By: Charles Boswell, Assistant City Manager Cindy Huey, Pres' ent Date: (9- © Date: /— /0 '�Do APPROVED AS TO FORM AND ATTEST: LEGALITY: By: By: A sist City Attorney Gloria Pear n, City Secretary Date: 2I -51-4 Date: Contract (authorization Gln✓�� Date 13 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1/6/2004 DATE: Tuesday, January 06, 2004 LOG NAME: 13PID6 REFERENCE NO.: C-19925 SUBJECT: Authorization to Enter Into a Contract for the Management of Public Improvement District No. 6 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Premier Communities, Inc. to manaqe the improvements and services in the Public Improvement District (PID) No. 6 during the remainder of FY2003-2004 for the sum of$3,570 per month. DISCUSSION: On August 26, 2003 (M&C G-14075), the City Council approved the budget and service plan for PID No. 6 in the amount of $1,222,563. The City Manager was authorized to execute a contract with Principal Management Group (PMG) to provide improvements and services in PID No. 6. PMG has been the management company since PID No. 6 was established in 1998, and has been operating on a month-to- month contingency basis since last fiscal year's contract expired on September 30, 2003. However, before the contract could be executed, the PID No. 6 Advisory Board requested the contract be terminated with PMG. A termination letter was mailed on November 18, 2003, and it set January 6, 2004 as the date for PMG to conclude services in PID No. 6. A Request for Qualifications was sent to various management companies in the area. The following two companies responded: Principal Management Group, and Premier Communities, Inc. Staff has interviewed both companies. Premier Communities, Inc. is the current manager of PID No. 7 in the Heritage area. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Special Assessment District Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GS87 539120 002506002000 $32.130.00 Submitted for City Manager's Office by: Charles Boswell (6183) Originating Department Head: Jim Keyes (8517) Additional Information Contact: Linda Brown (6030) Logname: 13PID6 Paize I of I