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