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Home My WebLink AboutContract 39335CITY "ECRETARY CONTRACT NO. 3q3 5 AGREEMENT BETWEEN THE CITY OF FORT WORTH AND DOWNTOWN FORT WORTH INITIATIVES, INC FOR THE RENOVATION AND CONSTRUCTION OF BURNETT PARK This Agreement is made an entered into this ��h day of ( . , 20093by and between the City of Fort Worth, a home rule municipal corporation of the State of Texas (hereinafter referred to as "City") acting by and through its duly authorized Assistant City Manager, and Downtown Fort Worth Initiatives, Inc., a Texas not -for -profit Corporation, (hereinafter referred to as the "DFWII"), acting by and through Mr. Andrew M. Taft, its duly authorized President. Whereas, the City and DFWII agree that the plans for the redesign of Burnett Park are acceptable and will make the facility easier to maintain and more user-friendly to workers, visitors and residents of Fort Worth; and Whereas, the Burnett Foundation (the "Foundation") has agreed via a separate contract with DFWII to fund the construction of Burnett Park for the City; and Whereas, the City has reviewed and approved the 100% construction documents for the renovation of Burnett Park; and Whereas, in accordance with the terms of the Memorandum of Understanding, DFWII by separate contract will obtain the Foundation's consent and authorization for constructions and Whereas, DFWII has satisfied City design, construction, and permit requirements related to construction of the Burnett Park project. Now Therefore, the City and DFWII do hereby covenant, and agree as follows: Authorization to Proceed City agrees to allow DFWII to proceed with the construction of the Burnett Park project in accordance with the terms of this with the approved design and construction documents and of this Agreement. Effect of Authorization. Authorization to proceed from the City and approval of the plans and construction documents shall not constitute or be deemed a release of the responsibility and liability of DFWII, its agents, servants, employees, contractors, or subcontractors for the accuracy and competency of the designs, working drawings, specifications, or other engineering or construction documents. City, by approving the plans and specifications and authorizing construction, assumes no liability or responsibility for the architectural or engineering design or for any defect in any the designs, working drawings, specifications, or other engineering or construction documents, building, or improvement constructed from the plans or specifications prepared by DFWII, its agents, servants, employees, contractors, or subcontractors, (it being the intent of the parties that approval by City constitutes approval of only the' ' general design concept of the improvements to constructed). OFFICIAL RECORD c; Construction Approval Page] of 3 NTH, TX Release and in DFWII covenants and agrees that City shall in no way or under any circumstances be responsible for any property belonging to DFWII, its members, employees, agents, contractors, subcontractors, invitees, licensees, or trespassers that may be stolen, destroyed, or in any way damaged, and DFWII hereby indemnifies and holds harmless City from and against any and all such claims. The City does not guarantee police protection and will not be liable for any loss or damage sustained by DFWII, its members, employees, agents, contractors, subcontractors, invitees, licensees, or trespassers on Burnett Park or any other City property. DFWII AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS, AND EXPENSES OF ANY HIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO ANY BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY (INCLUDING DEATH) THAT MAY RELATE TO, ARISE OUT OF, OR BE OCCASIONED BY (i) DFWH9S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY INTENTIONAL, KNOWING, RECKLESS, OR NEGLIGENT ACT OR OMISSION OF DFWII, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, SEPARATE CONTRACTORS, OR SUBCONTRACTORS, RELATED TO THE CONSTRUCTION OR THE PERFORMANCE OF THIS AGREEMENT. Payment and Performance Bonds. DFWII agrees to cause to be made and executed by the construction contractor two separate bonds, in accordance with Section 2253.021 of the Texas Government Code as follows: (1) Prior to the date of commencement of construction, the contractor shall furnish a performance bond in the name of DFWII and of the City in a sum equal to the full amount of the construction contract awarded. Said bond shall guarantee the faithful performance of necessary construction and completion of improvements in accordance with approved final plans and detailed specifications. (2) Prior to the date of commencement of construction, a payment bond in the name of DFWII and of the City in a sum equal to the full amount of the construction contract awarded. DFWII shall ensure that both bonds list the City as a dual obligee. Insurance. Before commencement of construction, DFWII shall require its contractor, to obtain and maintain the types of insurance and limits of coverage described below, and such coverage shall be evidenced by an ACORD form that lists the City as the Certificate Holder and as an additional insured. Construction Approval OFFICIAL RECOP'r � RTHp TX Page 2 of 3 (a) Worker's Compensation/Employer's Liability Insurance. DFWII shall require its contractor(s) to obtain and maintain during any construction work Worker's Compensation/Employer's Liability insurance with minimum coverage of : $100,000.00 Per Accident or Occurrence for Injury; $100,000.00 Per Each Employee for Disease; and a $500,000.00 Policy Limit for Disease. (b) Commercial General Liability. obtain and maintain commercial general than $1,000,000.00 per occurrence. DFWII shall require its contractors) to liability insurance at a limit of not less (c) Builders Risk. DFWII or its general contractor shall carry builder's risk property insurance on Burnett Park throughout the construction period. (d) General Conditions for all Insurance The City, its officers, employees, and servants shall be endorsed as an additional insured on all insurance policies required under this Agreement with the exception of worker's compensation insurance policies. Any Worker's Compensation/Employer's Liability insurance policy shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. Each insurance policy shall be endorsed to provide the City a minimum thirty (30) days' notice of cancellation, non -renewal, and/or material change in policy terms or coverage. City shall have no responsibility for any costs associated with the required insurance. CITY OF FORT WORTH TX By: W. Daniels it City Manager ATTEST: City Secretary Construction Approval DOWNTOWN FORT WORTH INITIATIVES, INC A Texas Not -for -Profit By : Mr. Andrew M President Taft APPROVED AS TO FORM AND LEGALITY Yett, C' Attorney By Assistant Nd ttorney i Page 3 of.3 `w' MEMORANDUM OF UNDERSTANDII`TG BETWEEN THE CITY OF FORT WORTH, AND DOWNTOWN FORT WORTH INITIATIVES, INC FOR THE REDESIGN OF BURNETT PARK This Memorandum of Understanding is made and entered into this —<� day of G'lre�2 ct 2006, by and between the City of Fort Worth, a home rule municipal corporation situated Tarrant, Denton, and Wise Counties, 'Texas (hereinafter referred to as "City") acting by and through its duly authorized Assistant City Manager, and Downtown Fort Worth Initiatives, Inc,, a Texas not -for -profit Corporation, (hereinafter referred to as the "DFIA'11" ), acting by and through Mr. Andrew N4, Taft, its duly authorized President. WHEREAS, the City and DFWII agree that there is a desire to redesign and update Burnett Park to make the facility easier to maintain and more user friendly to workers, visitors and residents of Fort Worth; and WHEREAS, the Burnett Foundation will agree via separate contract with DFWII to fund a public redesign process of Burnett Park managed by DFWII for the City; and WHEREAS, in said contract the Burnett Foundation expresses its wish to provide this gift to the people of the City of Fort Worth and such a gift is consisteut with the mission of the Foundation; and WHEREAS, the City agrees to allocate sufficient staff to facilitate DFWII's coordination oI the Burnett Park redesign and public input process; and WHEREAS, the City of Fort Worth and DFWII agree to work together to insure that a mutually beneficial design of Burnett Park is achieved; NOW THERFFOI2E, for and in consideration of the mutual covenants, promises and agreements contained herein, the City of Fort Worth and DFWII do hereby covenant, and agree to enter into this Memorandum of Understanding pending execution of a contract for the purpose of outlining the duties and responsibilities (lf the respective patties. Downtown Fort Worth Initiatives._h�c, Responsibilities ) FWII will be responsible. for the following: (i) Coordination of the redesign process of Burnett Park, inchiding the required public input to arrive at a design that is accepted by the couununit}� and funding entities. Development of a panel of stakeholders to advise DFW11, the City and the selected consultants on the appropriate public input process and design for Burnett Park. (iii) Communication of the progress of the public input and design process through its normal cammunications and public relations tools to the membership of DFWII and the residents and workers in downtown Fort Worth. (iv) Assign sufficient DFWII staff to oversee the redesign project and to coordinate the. public input process. (v) DFWII and/or the selected consultant will conduct a minimum of 2 public meetings to take input on the redesign proposals and one meeting to confirm the final design with the public. (vi) DFWII and/or the selected consultant will brief the Parks and Community Services Advisory I3aard and the Fort Worth City Council to receive their endorsement and adoption of the proposed plan. City of Fort Worth Responsibilities T'he City of Fort Worth will be responsible for the following: Provide sufficient Ci staff to facilitate DF4��TT's coardination of the park redesign (ii) Provide all available base mtormatum avariable tar the reaesrgn, (iii) Coordinate and seek funding, through the Public Art Program, for 2% public art component of the Capital Improvement. - (iv) Provide representation an thv-stakehelder�-cammittee-to insure -that the park redesign- confot-rns to the needs of the City. The parties agree that at the time the redesign is completed and accepted by all parties, the City, DFWII and the Foundation anticipate entering into a separate agreement for construction of the proposed design changes and that no construction will tale place until the separate agreement is executed by all the parties. t �.. EXECUTED on this the day of / Y� j�tc'��,c� 2000. CITY OFj�ORT WOR;1;�I, TEX.�1.S By. r,��,c��L�c-_ Lib Watson f Assistant City Manager APPROVED AS TO FORM AND LEGALITY Assistant City Attorney DOWNTOWN FORT NORTH li�'I"I'IATIVE'�, I_'VC. a T Nat -for ['rofit Corporatio ,____- r. Andrew Y1. Taft ^--- President