HomeMy WebLinkAboutContract 29550 CITY SECRETAIJY
CONTRACT NO. aQ
AMENDMENT OF CONTRACT FOR IMPROVEMENTS AND/OR SERVICES
IN THE FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO. 7
(FISCAL YEAR 2003-2004)
STATE OF TEXAS §
COUNTY OF TARRANT §
WHEREAS, on October 1, 2001, the City of Fort Worth (the "City") and Premier
Communities, Inc. (the "Contractor"), entered into City Secretary Contract No. 27191, which
provides for certain improvements and services to be provided in the Fort Worth Public
Improvement District No. 7, which improvements and/or services consist of a landscaping,
construction and maintenance program, and a management program; and
WHEREAS, the City and the Contractor have mutually agreed that the aforesaid contract
shall be extended for an additional one-year period beginning October 1, 2003, and ending
September 30, 2004, but with the amendments hereinafter contained;
NOW THEREFORE, the City and the Contractor agree:
That, for and in consideration of the mutual covenants, promises and agreements
contained herein, the City of Fort Worth, hereinafter referred to as "City", acting by and through
Charles R. Boswell, its duly authorized Assistant City Manager, and Premier Communities, Inc.,
hereinafter referred to as "Contractor", acting by and through Cindy Huey, its duly authorized
President, do hereby covenant and agree as follows:
1. That the aforesaid contract for improvements and/or services in the Fort Worth Public
Improvement District No. 7, between the City and Contractor, dated October 1, 2001,
referred to as City Secretary Contract No. 27191, be and is hereby extended for the period
beginning October 1, 2003, and terminating on September 30, 2004, but with the following
amendments thereto:
a) Section V, Term, is hereby amended by changing the first sentence thereof to read as
follows (p. 4): "The term of this contract will be for a period of one year beginning
October 1, 2003, and terminating September 30, 2004."
b) Section VI, Payments to Contractor, Subsection D, is hereby changed by adding the
following:
Total revenues of the District and payments to the Contractor during this extension
period shall consist of the following amounts for the following improvements and/or
services as approved by the City Council, which amounts are based on twelve (12)
months of work:
1 C,
Total To Be
Cost Assessed
2003-04 FY
(1) maintenance and landscaping $311,512 $145,234
(2) operating expenses 97,252 45,340
(2) city administrative fee 2,500 2,500
(4) contingency 10,000 3,320
Totals $421,264 $196,394*
* the $224,870 difference between costs and assessments reflects a $29,025 direct
reimbursement from the City of Fort Worth for mowing public areas, a $171,845
subsidy from Hillwood Development Corporation, and a $24,000 subsidy from
Builders Assessments.
In the case of any improvements and/or services which the Contractor does not provide
throughout the entire 12 month term of the contract, the Contractor shall receive a pro rata
payment to cover the months when such improvements and/or services were actually provided.
(c) Section VIII, Indemnification, Subsection A and B, are hereby changed to read as
follows:
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
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
r .
ACTS OR NEGLIGENT OMISSIONS OF CONTRACTOR, ITS OFFICERS,
AGENTS, EMPLOYEES, CONTRACTOR, SUBCONTRACTORS, LICENSEES
OR INVITEES.
2. That except as hereby extended and amended, the provisions of such contract shall
remain unchanged and in full force and effect.
j� f ►1
EXECUTED on this the —I day of 12004.
CITY OF FORT WORTH PREMIER COMMUNITIES
By: �� By:
Charles R. Boswell Cindy Huey
Assistant City Manager President
APPROVED AS TO FORM ATTEST:
AND LEGALITY:
By: j� By:
,/�ssistaht City Attorney Gloria Pea son,
City Secreta y
Date: 2-1
1 4M U-)
Cont act Authorization
-3- -----
City of Fort Worth, Texas
"agor And Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
8/26/03 G-14076 13PID7PUBHEAR 1 of 2
SUBJECT PUBLIC HEARING FOR FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO. 7
(HERITAGE), ADOPT A BUDGET AND SERVICE PLAN, ADOPT A PROPOSED
ASSESSMENT ROLL, SET A BENEFIT HEARING DATE FOR FISCAL YEAR 2003-
2004, ADOPT AN ORDINANCE APPROPRIATING CERTAIN FUNDS FOR THE
DISTRICT, AND AUTHORIZE A CONTRACT WITH PREMIER COMMUNITIES TO
PROVIDE MANAGEMENT SERVICES FOR THE DISTRICT
RECOMMENDATION:
It is recommended that the City Council:
1. Hold a public hearing concerning the plan of services and budget for FY 2003-2004; and
2. Adjourn such public hearing; and
3. Approve the attached service plan and budget for FY 2003-2004 as recommended by the Advisory
Board of Public Improvement District No. 7; and
4. Authorize the transfer of $29,025 from the General Fund to the Special Assessment District Fund,
PID No. 7, FY 2003-2004 project account; and
5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by
$29,025 in the Special Assessment District Fund from available funds; and
6. Authorize the transfer of $2,500 for administrative fees from the Special Assessment District Fund,
PID No. 7, FY 2003-2004 project account to the General Fund; and
7. Authorize the City Manager to execute a contract with Premier Communities to provide
improvements and services in the PID No. 7 during FY 2003-2004 for the sum of$421,264; and
8. Adopt the proposed 2003 assessment roll which is on file with the City Secretary and set Tuesday,
September 9, 2003, at 7:00 p.m. in the City Council Chamber as the time and place for the benefit
hearing; and
9. Direct the City Secretary to give notice of the September 9, 2003, hearing in accordance with State
law; and
10.Approve adding to the 2003-2004 budget, as contingency, any unencumbered revenues from the
PID No. 7 assessments from prior years.
DISCUSSION:
On September 26, 2000 (M&C G-13021), the City Council established Fort Worth Public Improvement
District No. 7.
City of Fort Worth, Texas
4velgor And Council COMI"Unication
DATE REFERENCE NUMBER I LOG NAME TPAGE
8/26/03 G-14076 13PID7PUBHEAR 2 of 2
SUBJECT PUBLIC HEARING FOR FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO. 7
(HERITAGE), ADOPT A BUDGET AND SERVICE PLAN, ADOPT A PROPOSED
ASSESSMENT ROLL, SET A BENEFIT HEARING DATE FOR FISCAL YEAR 2003-
2004, ADOPT AN ORDINANCE APPROPRIATING CERTAIN FUNDS FOR THE
DISTRICT, AND AUTHORIZE A CONTRACT WITH PREMIER COMMUNITIES TO
PROVIDE MANAGEMENT SERVICES FOR THE DISTRICT
State law requires an annual report on the plan of services and proposed budget, which are included as
part of this Mayor and Communication.
The general nature of the proposed improvements and/or services to be provided by the district shall
include:
• An improvement district landscaping, construction and maintenance program consisting of the
planting and maintenance of special supplemental landscaping, the maintenance of
supplemental irrigation systems, and park maintenance; and
• Special fencing in and along boulevards, parks and open spaces; and
• An improvement district management program to provide for the administration, management
and operation of the district.
PID No. 7 is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval and completion of the above recommendations and
the adoption of the attached appropriation ordinance, funds will be available in the FY2003-2004
operating budget, as appropriated, of the Special Assessment District Fund.
RZ:r
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
(4)(5)GS87 472001 002507002000 $29,025.00
Richard Zavala(Acting) 6183 (6)GG01 481306 0134010 $ 2,500.00
Originating Department Head: (5)GS87 539120 002507002000 $29,025.00
Jim Keyes 8517 (from) APPROVED 08/26/03
(4)GG01 538070 0905800 $ 29,025.00 ORD.# 15663
Additional Information Contact: (7)GS87 539120 002507002000 $421,264.00
(6)GS87 539120 002507002000 $ 2,500.00
Linda Brown 6030