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HomeMy WebLinkAboutContract 56196 CSC No. 56196 INFRASTRUCTURE CONSTRUCTION AGREEMENT WITH CITY PARTICIPATION This INFRASTRUCTURE CONSTRUCTION AGREEMENT ("Agreement") is made and entered into by and between The City of Fort Worth ("City"), a home-rule municipal corporation of the State of Texas,acting by and through its duly authorized Assistant City Manager,and theBotanical Research Institute of Texas Inc. ("BRIT"or"Developer"), acting by and through its duly authorized representative. City and Developer are referred to herein individually as a"party" and collectively as the "parties." WHEREAS, BRIT, a 501(c) (3) corporation, is managing the Botanic Garden pursuant to that certain Management Agreement regarding management of and improvements to the Botanic Garden, City Secretary No. 54201, between BRIT and City ("Management Agreement");and WHEREAS,pursuant to the Management Agreement,the City Council authorized the sale of Tax Notes for which $4,300,000.00 is designated to fund infrastructure projects at the Botanic Garden(M&C 20-0214); and WHEREAS, pursuant to the Management Agreement, the City will participate in several improvement projects at the Botanic Garden. Seven Infrastructure Improvement Projects are as further described herein and depicted on the Table attached hereto as Attachment A("Projects");and WHEREAS, for operational convenience, BRIT, for no additional management fee or compensation, desires to construct the Projects and, to fulfill the City's initial obligation to construct, maintain, repair or relocate certain public infrastructure within the Fort Worth Botanic Garden, the City desires to pay the actual design and construction costs in an amount not to exceed$2,547,441.00 ("City Participation");and WHEREAS,BRIT has committed to raise additional funds in an amount of$535,000.00 toward the Projects;and WHEREAS,the Developer and the City desire to enter into this Agreement to facilitate design and construction of the Projects; NOW,THEREFORE,for and in consideration of these recitals and the covenants and conditions contained herein, the City and the Developer do hereby agree as follows: 1. CFA Ordinance The Community Facilities Agreements Ordinance ("CFA Ordinance"), as amended, but limited to only the specific sections listed in this paragraph,is incorporated into this Agreement by reference,as if it was fully set forth herein. In addition to the terms and conditions in this Agreement,Developer agrees to comply with the following provisions of the CFA Ordinance (City Code, Part II, Chapter 9 https://codehbrarv.anilegal.com/codes/ftworth/latest/ftworth tx/0-0-0-62316) in the performance of Developer's duties and obligations pursuant to this Agreement: ■ § 9-3 PURPOSE AND SCOPE OFFICIAL RECORD City of Fort Worth,Texas CITY SECRETARY Infrastructure Construction Agreement with City Partidpation Rev. 08/09/21 FT. WORTH, TX ■ § 9-4 DEFINITIONS ■ § 9-301 MATERIAL TESTING ■ § 9-302 INSPECTION FEES ■ § 9-304 CALCULATION AND PAYMENT OF ESTIMATED INSPECTION AND TESTING FEES ■ § 9-317 REQUIREMENTS FOR CONTRACTORS CONSTRUCTING COMMUNITY FACILITIES ■ § 9-318 REQUIREMENTS FOR A NOTICE TO PROCEED TO CONSTRUCTION ■ § 9-401 PUBLIC PROCUREMENT REQUIREMENTS ■ § 9-403 LIMITS ON CITY PARTICIPATION ■ § 9-404 CITY'S WAGE RATES ■ § 9-406 CHANGE ORDERS ■ ARTICLE VIL CONSTRUCTION,FINAL INSPECTION,AND CFA CLOSEOUT Developer further agrees to cause all contractors hired by Developer to comply with the CFA Ordinance as recited herein in connection with the work performed by the contractors. 2. Incorporation of Engineering Plans The engineering plans for the Projects will be reviewed by the Director of City Park&Recreation Department. Developer shall provide at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to construct the Projects under this Agreement. 3. Des cription of Improvements;Exhibits and Attachments The attached exhibits and attachments describe the nature and extent of the Improvements that are the subject of this Agreement and are attached hereto and incorporated herein by reference: Under the Management Agreement, the City has an obligation to construct, maintain, repair or relocate certain public infrastructure deferred facility maintenance projects or other capital expenditures. Due to BRIT's management presence on-site,it was determined that the most efficient way to accomplish the City's obligation is to provide funding to BRIT through this Agreement so that BRIT can obtain its own contractors and oversee the work. To the extent that the Exhibits, Location Map, or the Cost Estimates conflict with the Engineering Plans, the Engineering Plans shall control. 4. Construction of Improvements Developer agrees to cause the construction of the Projects contemplated by this Agreement with construction to be completed in a good and workmanlike manner and in accordance with all City standards and specifications, the Engineering Plans,the Cost Estimates provided for the Projects,and this Agreement Developer acknowledges that City will not accept the Projects until the City receives affidavits and lien releases signed by Developer's contractors verifying that the contractors, and all subcontractors and material suppliers, have been paid in full for constructing the Projects, and consent of the surety on payment and performance bonds provided for the Projects. City of Fort Worth,Texas Page 2 of 13 Infrastructure Construction Agreement with City Partidpation Rev. 08/09/21 5. City Participation The City shall reimburse Developer in an amount not to exceed$2,547,441.00 for construction costs after presentation of proper documentation by Developer to the City that the Projects have been constructed and accepted by BRIT and all contractors and material suppliers have been paid. Reimbursement payments shall be made per Project and may be made on a monthly (ongoing) basis or in a lump sum upon completion of the specific Project. It is the policy of the City of Fort Worth to ensure the full and equitable participation of Business Equity Firms, in the procurement of all goods and services. All requirements and regulations stated in the City's current Business Equity Ordinance No. 24534-11-2020, as amended(`BEO"),apply to this Agreement. On Projects valued at $100,000 or more, Developer's prime contractor on each such Project is required to comply with the intent of the BEO by meeting or exceeding the Business Equity Goal, as obtained by Developer in coordination with the DVIN(as defined in the BEO),through one of the following methods: 1.Business Equity subcontracting participation,2.Commercially useful function services performed by the Business Equity Prime to count towards the goal, 3.Combination of Business Equity Prime services and Business Equity subcontracting participation, 4. Business Equity Joint Venture participation, 5. Good Faith Effort documentation or 6. Prime Waiver documentation. Developer agrees to submit to the DVIN its contractor's periodic payment reports for review. 6. Completion Deadline;Extension Periods This Agreement shall be effective on the date this Agreement is executed by the City's Assistant City Manager ("Effective Date"). Developer shall complete construction of the Projects and obtain the City's acceptance of the Improvements by July, 2023 ("Term"). If construction of the Projects has started during the Term, the Developer may request that this Agreement be extended for an additional period of time ("Extension Period"). All Extension Periods shall be agreed to in writing by the City and the Developer as set forth in a written amendment to this Agreement. In no event shall the Term of this Agreement plus any Extension Periods be for more than three years. 7. Failure to Construct the Improvements (a) The City may utilize the Developer's Financial Guarantee,if any, or the finding set aside for this Agreement,to cause the completion of the construction of the Projects if at the end of the Term, and any Extension Periods,the Projects have not been completed and accepted by the City. If the Projects are not completed at the end of the Term, and any Extension Periods, there will be no further obligation for City Participation to be paid to the Developer. (b) The City may utilize the Developer's Financial Guarantee to cause the completion of the construction of the Projects or to cause the payment of costs for construction of the Projects before the expiration of the Term, and any Extension Period, if the Developer breaches this Agreement, becomes insolvent, or fails to pay costs of construction. (c) Nothing contained herein is intended to limit the Developer's obligations under the CIA Ordinance, this Agreement, the Financial Guarantee, Developer's agreements with Developer's contractors, or other related agreements. City of Fort Worth,Texas Page 3 of 13 Infrastructure Construction Agreement with City Partidpation Rev. 08/09/21 8. Termination If Developer desires to terminate this Agreement before Developer's contractors begin constructing the Projects,Developer agrees to the following: (a) that Developer and City must execute a termination of this Agreement in writing; (b) to pay to the City all costs incurred by the City in connection with this Agreement, including time spent by the City's inspectors at preconstruction meetings. 9. Award of Construction Contracts (a) Developer will award all contracts for the construction of the Projects and cause the Projects to be constructed in accordance with the CFA Ordinance. (b) Developer will employ construction contractors who meet the requirements of the City to construct the Projects including, but not limited, to being prequalifred, insured, licensed and bonded to construct the Projects in the City. (c) Developer will require Developer's contractors to provide the City with payment and performance bonds naming the City and the Developer as dual obligees, in the amount of one hundred percent (100%) of the cost of the Projects as required by the CFA Ordinance. The payment and performance bonds shall guarantee construction of the Projects and payment of all subcontractors and material suppliers. Developer agrees to require Developer's contractors to provide the City with a maintenance bond naming the City as an obligee, in the amount of one hundred percent (100%) of the cost of the Projects, that guarantees correction of defects in materials and workmanship for the Projects by the contractor and surety for a period of two (2) years after completion and final acceptance of the Projects by the City. All bonds must be provided to the City before construction begins and must meet the requirements of the City's Standard Conditions, Chapter 2253 of the Texas Government Code, and the Texas Insurance Code. (d) Developer will require Developer's contractors to provide the City with insurance equal to or in excess of the amounts required by the City's standard specifications and contract documents for developer-awarded infrastructure construction contracts. The City must be named as an additional insured on all insurance policies. The Developer must provide the City with a Certificate of Insurance (ACORD or form approved by the State of Texas), supplied by each contractor's insurance provider, which shall be made a part of the Project Manual. (e) Developer will require the Developer's contractors to give forty-eight (48)hours' advance notice of their intent to commence construction of the Improvements to the City's Construction Services Division so that City inspection personnel will be available. Developer will require Developer's contractors to allow construction of the Improvements to be subject to inspection at any and all times by the City's inspectors. Developer will require Developer's contractors to not install or relocate any sanitary sewer,storm drain, or water pipe unless a City inspector is present and gives consent to proceed,and to allow such laboratory tests as may be required by the City. City of Fort Worth,Texas Page 4 of 13 Infrastructure Construction Agreement with City Partidpation Rev. 08/09/21 (f) Developer will not allow Developer's contractors to begin construction of the Projects until anotice to proceed to construction is issued by the City. (g) Developer will not allow Developer's contractors to connect buildings to service lines of sewer and water mains constructed pursuant to this Agreement, if any, until said sewer,water mains and service lines have been completed to the satisfaction of the City. (h) Developer shall ensure the contractors are paid the City's wage rates in effect during construction of the Projects. 10. Utilitie s Developer shall cause the installation or adjustment of utilities required to: (1) serve the Project, and (2) to construct the Improvements required herein, notwithstanding public utilities which are the responsibility of the City as required and defined in Section 9.4 the Management Agreement. 11. Easements and Rights-of--Way Developer agrees to provide, at its expense, all necessary rights-of-way and easements,if any are required for the construction of the Projects provided for by this Agreement, and any easements acquired shall be dedicated to the City. 12. Liability and Indemnification (a) DEVELOPER HEREBY RELEASES AND AGREES TO INDEMNIFY, DEFEND AND HOLD THE CITY HARMLESS FOR ANY INADEQUACIES IN THE PRELIMINARY PLANS, SPECIFICATIONS, ENGINEERING PLANS, AND COST ESTIMATES SUPPLIED BY THE DEVELOPER FOR THIS AGREEMENT. (b) THE DEVELOPER COVENANTSAND AGREES TO,AND BY THESE PRESENTS DOES HEREBY FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS,A GENTS AND EMPLOYEESFROMALL SUITS,ACTIONS OR CLAIMS OF ANY CHARACTER, WHETHER REAL ORASSERTED,BR0UGHTFOR OR ONACCOUNT OFANYINJURIES OR DAMAGESSUSTAINED BYANYPERSONS,INCL UDINGDEATH, OR TO ANY PROPERTY, RESULTING FROM OR IN CONNECTION WITH THE CONSTRUCTION,DESIGN,PERFORMANCE OR COMPLETION OF ANY WORK TO BE PERFORMED BY SAID DEVELOPER, ITS CONTRACTORS, SUBCONTRACTORS, OFFICERS,AGENTS OR EMPLOYEES, OR IN CONSEQUENCE OF ANY FAILURE TO PROPERLYSAFEGUARD THE WORK, OR ONACCOUNT OFANYACT,INTENTIONAL OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS CONTRACTORS, SUB-CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, WHETHER OR NOTSUCHINJURIES,DEATH ORDAMAGESARE CAUSED,INWHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH,ITS OFFICERS,SERVANTS, OR EMPLOYEES. (c) DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM City of Fort Worth,Texas Page 5 of 13 Infrastructure Construction Agreement with City Partidpation Rev. 08/09/21 AND AGAINST ANY AND ALL CLAIMS, SUITS OR CAUSES OF ACTION OF ANY NATURE WHATSOEVER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ON ACCOUNT OF ANY INJURIES OR DAMAGES TO PERSONS OR PROPERTY, INCLUDING DEATH,RESULTING FROM, OR INANY WAY CONNECTED WITH, THE CONSTRUCTIONOF THE PROJECTS CONTEMPLATEDHEREIN, WHETHER OR NOT SUCH INJURIES, DEATH OR DAMAGESARE CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS, SERVANTS, OR EMPLOYEES. FURTHER, DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY,DEFEND,AND HOLD HARMLESS THE CITY FOR ANYLOSSES,DAMAGES,COSTS OREXPENSESSUFFEREDBY THE CITY ORCAUSED AS A RESULT OF SAID CONTRACTORS'FAILURE TO COMPLETE THE WORK AND CONSTRUCT THE PROJECTS IN A GOOD AND WORKMANLIKE MANNER, FREE FROM DEFECTS, IN CONFORMANCE WITH THE CFA ORDINANCE, AND IN ACCORDANCE WITHALL PLANSAND SPECIFICATIONS 13. Right to Enforce Contracts Upon completion of all work associated with the construction of the Improvements,Developer will assign to the City a non-exclusive right to enforce the contracts entered into by Developer with its contractors,along with an assignment of all warranties given by the contractors,whether express or implie d. Further,Developer agrees that all contracts with any contractor shall include provisions granting to the City the right to enforce such contracts as an express intended third-party beneficiary of such contracts. 14. Material Testing Developer is responsible for ananging and paying for material testing service fees, construction inspection service fees,and water testing lab fees,if any. The City maintains a list of pre-approved material testing laboratories. The Developer must contract with material testing laboratories on the City's list. Material testing laboratories will provide copies of all test results directly to the City and the Developer. If the Projects being constructed fail a test,the Developer must correct or replace the Projects until the Projects pass all retests. The Developer must pay the material testing laboratories directly for all material testing and retesting. The City will obtain proof from the material testing laboratories that the material testing laboratories have been paid in full by the Developer before the City will accept the Projects. 15. Notices All notices required or permitted under this Agreement may be transmitted informally via electronic means and if required to be formally delivered, given to a parry by hand-delivery or by mail, addressed to such parry at the address stated below. Any notice so given shall be deemed to have been received when deposited in the United States mail so addressed with postage prepaid: City of Fort Worth,Texas Page 6 of 13 Infrastructure Construction Agreement with City Partidpation Rev. 08/09/21 CITY: DEVELOPER: Park& Recreation Department Botanical Research Institute of Texas City of Fort Worth Bob Byers, Executive Vice President 4200 South Freeway, Suite 2200 1700 University Drive Fort Worth, Texas 76115 Fort Worth, Texas 76107 With copies to: City Attorney's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 and City Manager's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Or to such other address one party may hereafter designate by notice in writing addressed and mailed or delivered to the other party hereto. 16. Right to Audit Developer agrees that, until the expiration of three (3) years after acceptance by the City of the Projects constructed pursuant to this Agreement,that the City shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Developer involving transactions relating to this Agreement. Developer agrees that the City shall have access during normal working hours to all necessary Developer facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Developer reasonable advance notice of intended audits. Developer further agrees to include in all contracts with Developer's contractors for the Projects a provision to the effect that the contractor agrees that the City shall, until the expiration of three (3)years after final payment under the contract,have access to and the right to examine any directly pertinent books, documents, papers and records of such contractor, involving transactions to the contract, and further,that City shall have access during normal working hours to all of the contractor's facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Developer's contractors reasonable advance notice of intended audits. 17. Independent Contractor It is expressly understood and agreed that Developer and its employees, representative, agents, servants,officers,contractors,subcontractors, and volunteers shall operate as independent contractors as to all rights and privileges and work performed under this Agreement,and not as agents, representatives or City of Fort Worth,Texas Page 7 of 13 Infrastructure Construction Agreement with City Partidpation Rev. 08/09/21 employees of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Developer shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer acknowledges that the doctrine of respondeat superior shall not apply as between the City and its officers, representatives, agents, servants and employees, and Developer and its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Developer. It is further understood that the City shall in no way be considered a co-employer or a joint employer of Developer or any employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers of Developer. Neither Developer, nor any officers, agents, servants, employees or subcontractors of Developer shall be entitled to any employment benefits from the City. Developer shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of employees, representatives, agents, servants,officers, contractors,subcontractors,and volunteers. The City, through its authorized representatives and employees, shall have the sole and exclusive right to exercise jurisdiction and control over City employees. 18. Applicable Law; Venue This Agreement shall be construed under and in accordance with Texas law. Venue shall be in the state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 19. Non-Waiver The failure of the City to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely on any such term or right on any future occasion. 20. Governmental Powers and Immunities. It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. 21. Headings The paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. 22. Seve rability In the event that any clause or provision of this Agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the City of Fort Worth,Texas Page 8 of 13 Infrastructure Construction Agreement with City Partidpation Rev. 08/09/21 remaining provisions hereof. 23. Review of Counsel City and Developer, and if they so choose, their attorneys, have had the opportunity to review and comment on this document; therefore any rule of contract construction or interpretation that would normally call for the document to be interpreted as against the drafting party shall not apply in interpretation of this Agreement, and each section, portion, and provision of this Agreement shall be construed solely on the basis of the language contained therein, regardless of who authored such language. 24. Prohibition on Boycotting Israel Developer acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company with 10 or more full-time employees that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel;and(2)will not boycott Israel during the term of the contract. The term"boycott Israel"has the meaning ascribed to it by Section 808.001 of the Texas Government Code. The term"company" has the meaning ascribed to it by Section 2271.001 of the Texas Government Code. To the extent that Chapter 2271 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott Israel;and(2) will not boycott Israel during the term of this Agreement. 25. Immigration and Nationality Act Developer shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Developer shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Developer shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Developer employee who is not legally eligible to perform such services.DEVELOPER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DEVELOPED DEVELOPER'SEMPLOYEES,SUBCONTRACTORS,AGENTS,ORLICENSEES. City,upon written notice to Developer, shall have the right to immediately ternuinate this Agreement for violations of this provision by Developer. 26. Amendment No amendment, modification, or alteration of the terms of this Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof,and duly executed by the City and Developer. City of Fort Worth,Texas Page 9 of 13 Infrastructure Construction Agreement with City Partidpation Rev. 08/09/21 27. Assignment and Successors Developer shall not assign or subcontract all or any part of its rights, privileges, or duties under this Agreement without the prior written consent of City. Any attempted assignment or subcontract without the City's prior written approval shall be void and constitute a breach of this Agreement. 28. No Third-Party Beneficiaries The provisions and conditions of this Agreement are solely for the benefit of the City and Developer, and any lawful assign or successor of Developer, and are not intended to create any rights, contractual or otherwise,to any other person or entity. 29. Compliance with Laws,Ordinances,Rules and Regulations Developer, its officers, agents, servants, employees, and contractors, shall abide by and comply with all laws, federal, state and local, including all ordinances, rules and regulations of City. It is agreed and understood that,if City calls to the attention of Developer any such violation on the part of Developer or any of its officers, agents, servants, employees, or subcontractors, then Developer shall immediately desist from and correct such violation. 30. Signature Authority The person signing this Agreement on behalf of Developer warrants that he or she has the legal authority to execute this Agreement on behalf of the Developer, and that such binding authority has been granted by proper order,resolution, ordinance or other authorization of the entity. The City is fully entitled to rely on this warranty and representation in entering into this Agreement. 31. Counterparts This Agreement may be executed in multiple counterparts, each of which will be deemed an original, but which together will constitute one instrument. 32. Entire Agreement This written instrument, together with any attachments, exhibits, and appendices, constitutes the entire understanding between the City and Developer concerning the work to be performed hereunder, and any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall be void. 33. Fiscal Funding Limitation In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable by any means whatsoever in any fiscal period for payments due under this Agreement, then the City will City of Fort Worth,Texas Page 10 of 13 Infrastructure Construction Agreement with City Partidpation Rev. 08/09/21 immediately notify Developer of such occurrence and this Agreement shall be terminated on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever,except to the portions of annual payments herein agreed upon for which funds shall have been appropriated. [REMAINDER OF PAGE INTENTIONALLY BLANK] City of Fort Worth,Texas Page 11 of 13 Infrastructure Construction Agreement with City Partidpation Rev. 08/09/21 IN WITNESS WHEREOF,the City and Developer have each executed this Agreement by their duly authorized signatories to be effective on the date executed by the City's Assistant City Manager. CITY OF FORT WORTH DEVELOPER Botanical Research Institute of Texas b"ta-8LgA&4E Dana Burghdoff(Afg 19,20 16:20 CDT) Dana Burghdoff Assistant City Manager By: Aug 19 2021 Name: P tr ckNewman Date: Title: Chief Executive Officer and President Recommended by: Date: August 12, 2021 RlGhal-clzavaza Richard Zavala(Aug 16,202113:18 CDT) Richard Zavala Director,Park&Recreation Department ApprovJJeddas to Form&Legality: y���l Mack(Aug 19,2021 15:48 CDT) Douglas W Black Sr. Assistant City Attorney M&C No. 21-0367 Contract Compliance Manager: Date: 06/08/2021 By signing I acknowledge that I am the person Form 1295: responsible for the monitoring and administration of this contract,including ATTEST: ensuring all performance and reporting requirements. Ronald P.Gonzales(Aug 20,2 11:34 ) Ronald P. Gonzales Name: Jing Yang Acting City Secretary oaq FORT ,d O�°°00°00. 4�, � Title: Landscape Architect ,of °° Y ° °o��d P..o $�Id 000 °=d *o° °°o*�d 00000000 ,O' ���nEXAS.oAp OFFICIAL RECORD CITY SECRETARY City of Fort Worth,Texas FT. WORTH, TX Infrastructure Construction Agreement with City Partidpation Rev. 08/09/21 The following attachments are incorporated into this Agreement. To the extent a conflict exists between the main body of this Agreement and the following attachments, the language in the main body of this Agreement shall be controlling. Included Attachment ❑ Attachment A- List of Projects ❑ Attachment B- Mayor and Council Communication 21-0367 ❑ Attachment C- Location Map City of Fort Worth,Texas Page 13 of 13 Infrastructure Construction Agreement with City Partidpation Rev. 08/09/21 Attachment A List of Project Project Tax Note CIP Private Total Cost 1 Rose Ramp Fountains $ 195,179.00 $ 85,000.00 $ 280,179.00 2 South Vista $ 282,240.00 $201,000.00 $ 483,240.00 3 Full Moon Bridge $ 50,606.00 $ 100,000.00 $ 150,606.00 4 Southwest Quadrant $ 495,730.00 $ 350,000.00 $ 845,730.00 Renovation 5 Old Garden Road $1,192,856.00 $1,192,856.00 Renovation 6 Site Amenities (Water $ 69,080.00 $ 25,000.00 $ 94,080.00 Fntn, Elec.) 7 Hill Arbor $ 35,750.00 $ 35,750.00 TOTALS $2,321,441.00 $226,000.00 $535,000.00 $3,082,441.00 City of Fort Worth,Texas Page 1 of 1 Infrastructure Construction Agreement with City Partidpation Rev. 08/09/21 Attachment B City of Fort Worth, Texas Mayor and Council Communication DATE: 06/08/21 M&C FILE NUMBER: M&C 21-0367 LOG NAME: 80BOTANIC GARDEN INFRASTRUCTURE CONSTRUCTION AGREEMENT SUBJECT (CD 7)Authorize Execution of an Infrastructure Construction Agreement with the Botanical Research Institute of Texas, Inc. in an Amount Not to Exceed$2,547,441.00 for the Construction of Certain Capital Improvement Projects at the Fort Worth Botanic Garden RECOMMENDATION: It is recommended that the City Council authorize the execution of an Infrastructure Construction Agreement with the Botanical Research Institute of Texas, Inc. in an amount not to exceed$2,547,441.00 for the construction of certain capital improvement projects at the Fort Worth Botanic Garden. DISCUSSION: The purpose of this Mayor and Council Communication(M&C)is to authorize the City Manager to execute an Infrastructure Construction Agreement(ICA)with the Botanical Research Institute of Texas, Inc. (BRIT)to fulfill the City's initial obligation to construct, maintain, repair or relocate certain public infrastructure within the Fort Worth Botanic Garden(Botanic Garden)pursuant to the Management Services Agreement (MSA)with BRIT(City Secretary Contract No. 54201)(M&C 20-0347, May 19, 2020), collectively defined as"Capital Improvements". The MSA contains a list of identified Capital Improvements-deferred facility maintenance projects or other capital expenditures-valued at$4,300,000. On April 7, 2020(M&C 20-0214), City Council authorized the issuance and appropriation of 2020 Tax Notes in the amount of $4,300,000.00 for the purpose of performing those projects. Due to BRIT's management presence on-site, it was determined that the most efficient way to accomplish the City's obligation is to provide funding to BRIT through an ICA so that BRIT can obtain its own contractors and oversee the work. With this ICA,the City will reimburse BRIT for an amount up to$2,547,441.00 from the 2020 Tax Notes and FY 2019 PAYG,which included funding for the design and construction of public utility infrastructure required to support the construction of new facilities at the Botanic Garden. The balance of the funding will be expended on an as-needed basis. Project Project 2020 Tax 2019 BG F Total City No. Description Notes PAYG Funding Ei 820 South Vista $282,240.00$201,000.00 $483,240.00 E��RenO o a on Road $1,192,856.00 $0.00 $1,192,856.00 Southwest 102827 Quadrant $495,730.00 $0.00 $495,730.00 Renovations 102828 Fountains p $195,179.00 $195,179.00 102831 Moon Bridge 11 $50,606.0011 $50,606.00 102833 Hill Arbor 11 $35,750.0011 $35,750.00 102837 Site Amenities 11 $69,080.00 $25,000.001 $94,080.00 Totals $2,321,441.00$226,000.00 $2,547,441.00 This project will have no impact on the Park&Recreation Department's annual operating budget when completed. The Fort Worth Botanic Garden is located in COUNCIL DISTRICT 7 and is classified as a Special-Use Facility that serves on a City-wide and regional basis. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the Tax Note 2020 Fund and General Capital Projects Fund for the BG South Vista Drainage, BG Old Garden Road Renovation, BG Southwest Quadrant Renovation, BG Rose Ramp Fountains, BG Full Moon Bridge, BG Hill Arbor and BG Site Amenities(Water Fntn) projects to support the approval of the above recommendation and execution of the agreement. Prior to any expenditure being incurred,the Park and Recreation Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office by: Dana Burghdoff 8018 Originating Business Unit Head: Richard Zavala 5704 Additional Information Contact: David Creek 5744 Joel McElhany 5745 Attachment C Location Map III = La � � ■ F � z W 0 1 1 m Q 1 1 J 1 1 ° 1 w 0 1 0 1 l0 1 LU 1 1 7 0 A Z oLL ' LD 1 0 1 9 1 ° c� 1 1 I a 1 1 � 1 J w WEST ENTRANCE U) T