HomeMy WebLinkAboutContract 57767 CSC No. 57767
FUNDING AGREEMENT WITH NEAR SOUTHSIDE ARTS FOR THE
CONSTRUCTION OF FIRE STATION PARK
THIS AGREEMENT is by and between the CITY OF FORT WORTH, a Texas home
rule municipal corporation ("City") acting by and through its designated Assistant City
Manager and HISTORIC SOUTHSIDE, INC. a Texas 501(c)3 non-profit community
development organization d/b/a NEAR SOUTHSIDE ARTS, ("NSA"), acting by and
through its duly authorized President.
WHEREAS, the City of Fort Worth, in order to incentivize private donations and
fundraising for construction of the Fire Station Park Expansion (the "Project"), earmarked
an amount in Park Dedication Fees up to $600,000 contingent upon a 1:1 match of private
fundraising; and
WHEREAS, NSA has led the Project's private fundraising initiative; and
WHEREAS, through a combination of grassroots donations in small amounts, and major
contributions from corporate partners and foundations, NSA has made significant progress
toward the private fundraising goal; and
WHEREAS, this agreement will facilitate the contribution of private funds for the Project
and help ensure that certain stipulations related to those contributions are met.
SECTION 1
DUTIES AND RESPONSIBILITIES
1. NSA shall provide $680,000.00 toward construction costs for the Project in accordance
with this Agreement, its attachments and all applicable laws.
2. Of that total, $150,000.00 shall be paid in installments over three years according to the
schedule below:
First Installment $50,000.00 Prior to the end of July
2022 (July 31)
Second Installment $50,000.00 Prior to the end of July
2023 (July 31)
Third Installment $50,000.00 Prior to the end of July
2024 Jul 31
Total 1 $150,000.00
3. The remaining $530,000.00, shall be transferred to the City by June 30, 2022.
4. The City will perform the following:
4.1. Continue working with contracted consultant to prepare and complete plans, specs,
bids, and contract documents. OFFICIAL RECORD
CITY SECRETARY
CFW-NSS Fire Station Park Funding Agreement FT. WORTH, TX
4.2. Advertise for construction bids, receive and tabulate the bids and award and
administer the contract for construction of the Project. Administration for the
contract includes the responsibility for construction engineering and for issuance of
any change orders, supplemental agreements, amendments or additional work
orders, which may become necessary subsequent to the award of the construction
contract. Manage the construction phase,perform construction inspection and final
approval of the improvements;
5. Endeavour to, by the end of October 2022, complete the skate plaza portion of the
Project, with full project construction completed by October 2023.
SECTION 2
TERM OF AGREEMENT
1. The term for this agreement begins on the date of execution and shall terminate upon the
completion of construction or the final payment from NSA, whichever occurs last.
Following execution, NSA must advise the City in writing of any proposed changes or
extension of this term in writing to the City, and any changes or extension must be
mutually agreed upon by both parties.
2. Notices shall be deemed sufficient if hand-delivered or mailed postage prepaid, certified
mail, return receipt requested, and addressed as specified below, unless either party has
been notified in writing of any changes to such address(es) or addressee(s) as shown
herein. All time periods related to any notice requirements specified in this Agreement
shall commence on the date notice is mailed or delivered.
City:
City of Fort Worth, Texas
Park& Recreation Department
c/o Richard Zavala, Director
Re: Fire Station Park Master Plan Fundraising
4200 South Freeway, Suite 2200
Fort Worth, TX 76115
NSA:
Near Southside Arts
c/o Michael Brennan, President
Re: Fire Station Park Master Plan Fundraising
1606 Mistletoe Blvd.
Fort Worth, TX 76104
Emailed notice is acceptable and sufficient if the receiving party confirms receipt of the
specified document.
CFW-NSS Fire Station Park Funding Agreement Page 2 of 4
SECTION 3
VENUE AND JURISDICTION
This Agreement shall be governed by the laws of the State of Texas. Venue for any action
brought to interpret or enforce, or arising out of or incident to, the terms of this License
Agreement shall be in Tarrant County, Texas or the United States District Court for the
Northern District of Texas,Fort Worth Division.
SECTION 4
MISCELLANEOUS
1. This Agreement including all Attachments, Schedules, and Exhibits attached hereto
constitutes the final, entire and complete agreement between NSA and the City and
supersedes any prior and contemporaneous negotiations, understandings,
representations, and/or agreements between the parties. Any prior or contemporaneous
oral or written agreement that purports to vary from the terms hereof shall be void.
2. Neither this Agreement, nor any provision hereof, may be modified except by an
instrument in writing, signed by the parties. This Agreement shall be binding upon and
inure to the benefit of the parties hereto and their respective successors and assigns.
3. Neither party may assign its rights and obligations under this Agreement without the
prior written consent of the other party, which consent shall not be unreasonably
withheld, conditioned, or delayed.
4. In case any one or more of the provisions contained in this Agreement 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 the Agreement, and
this Agreement shall be constructed as if such invalid, illegal or unenforceable provision
has never been contained in the Agreement.
CFW-NSS Fire Station Park Funding Agreement Page 3 of
EXECUTED by each party's duly designated representative to be effective on the date
subscribed by the City's signatory.
CITY OF FORT WORTH Near Southside Arts
Valerie Washington(Jul 1,202215:55 CDT)
Valerie Washington W. Michael Brennan
Assistant City Manager President
Date: Jul L 2022 Date: Jun 16, 2022
Approved:
RlGhal-clzavaza
Richard Zavala(Jun 22,2022 16:53 CDT)
Richard Zavala, Director
Park& Recreation Department
Approved as to Form and Legality:
DBlack(Jun 24,2022 16:16 CDT) M&C: 22-0241
Douglas W Black Date: 3-29-2022
Sr. Assistant City Attorney
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ATTEST: p,�c°° °°°O�d
J anno�e s. Goodall P�..O o�-��
Jannette S.Goodall(Jul5,2022 07:43 CDT) V o° 0
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Jannette S. Goodall �� o° o,* �d
City Secretary d�44 000000 oap
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Contract Compliance Manager:
By signing, I acknowledge that I am the person responsible for the monitoring and
administration of this contract, including ensuring all performance and reporting
requirements.
.
Jing Yang
Park& Recreation Department
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
CFW-NSS Fire Station Park Funding Agreement
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoT+ H
Create New From This M&C
DATE: 3/29/2022 REFERENCE **M&C 22- LOG NAME: 80FIRE STATION PARK
NO.: 0241 IMPROVEMENTS CMAR
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (CD 9) Authorize Execution of a Funding Agreement with Historic Southside, Inc.,
dba Near Southside Arts, Inc. in the Amount of$680,000 and Authorize a Construction
Manager at Risk Agreement with Dean Electric, Inc., dba Dean Construction, for the Fire
Station Park Expansion Project with a Preconstruction Phase Services Fee in the Amount
of$3,500.00 and a Construction Phase Services Fee of 3.5% of the Guaranteed
Maximum Price within a Project Construction Budget of$1,500,000.00, Adopt Attached
Appropriation Ordinances, and Amend the Fiscal Years 2022-2026 Capital Improvement
Program
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize a funding agreement with Historic Southside, Inc., dba Near Southside Arts,
Inc., in the amount of $680,000.00 for the Fire Station Park Expansion project (City Project
No. CO2638);
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the General Capital Project Fund in the amount of $680,000.00, from Near Southside
Arts contributed funds, for the purpose of funding the Fire Station Park Expansion project;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the PARD Dedication Fees Fund in the amount of $1,000,000.00, from available funds, for
the purpose of funding the Fire Station Park Expansion project;
4. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations
in the PARD Dedication Fees Fund, in the amount of $180,000.00, by decreasing estimated
receipts and appropriations in the Central City programmable project (City Project No.
P00057), and increasing estimated receipts and appropriations in the Fire Station Park
Expansion project (City Project No. CO2638) by the same amount;
5. Authorize execution of a Construction Manager at Risk Agreement with Dean Electric, Inc.
dba Dean Construction, for the Fire Station Park Expansion project with a preconstruction
phase services fee in the amount of $3,500.00 and a construction phase services fee of
3.5\% of the Guaranteed Maximum Price within a project construction budget of
$1,500,000.00; and
6. Amend the Fiscal Years 2022-2026 Capital Improvement Program.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to accept local funding from Historic
Southside, Inc. and authorize execution of a Construction Manager at Risk (CMAR) agreement
with Dean Electric, Inc., dba Dean Construction (Dean Construction), for the Park & Recreation
Department's (PARD) Fire Station Park Expansion project with a preconstruction phase services fee
in the amount of$3,500.00 and a construction phase services fee of 3.5\% of the Guaranteed
Maximum Price (GMP) within a project construction budget of$1,500,000.00. The project scope
includes the installation of lighting, vehicular and pedestrian pavement, plaza, skate park, pump track,
dog park, event lawn and other park amenities. The overall project budget, inclusive of design, is
$1,889,446.00.
Design Services:
On August 30, 2016, the City Council authorized the acquisition of approximately 1.35 acres of land
located at 1616 Hemphill Street for the expansion of existing Fire Station Park (M&C L-15946). On
April 26, 2019, an Engineering Services Agreement with Pacheco Koch Consulting Engineers,
Inc. (Pacheco Koch) was administratively executed in the amount of$10,000.00 to prepare Phase I
development of the site (City Secretary Contract No. 52234). On May 6, 2020, the City Council
authorized Amendment No. 1 to the agreement to provide additional design and construction
documents for the site in an amount of$124,828.00, for a tetal contract value of$134,828.00 (M&C
20-0321).
Due to factors of budget and private fund schedules, City staff determined that utilizing a CMAR
method of project delivery would best assist the progression of the project. By engaging a CMAR early
in the project schedule the overall project delivery time can be reduced.
CMAR Selection:
A Request for Proposals for a CMAR was advertised in the Fort Worth Star-Telegram on December 16
and 23, 2021. A pre-proposal meeting and site visit was held January 6, 2022. The City received two
proposals on January 20, 2022 from the contractors listed below:
• Dean Construction
• The Fain Group, Inc.
A selection team, comprised of representatives of the PARD, City Diversity and Inclusion
Department, Near Southside Arts, Inc., (NSA) and Pacheco Koch reviewed and scored the
submittals. The selection team reviewed the proposers' (a) corporate experience & financial stability,
(b) pricing of CMAR services, (c) CMAR qualifications and experience of key personnel, (d)
construction approach, (e) pre-construction approach, (f) QA/QC and safety plan, (g) cost and
schedule control; (h) compliance with the Business Equity Ordinance. The individual scores were
averaged for each of the criteria and the final scores are listed in the following table.
Proposers Evaluation Factors
F_ a I b I c I d I e FFF[Total Score FRank
Dean Construction � 8.0 15.6 12.6 8.6 4.4 FT 7.0 2E 01 75.8
The Fain Group, Inc. 7.0 6.6 16 0 117 8 4 3.3 F19.6 1 0 73.6 2�
Staff recommends that the City Council authorize execution of a CMAR Construction Contract with
Dean Construction, for development and construction of the Fire Station Park Expansion project.
This project is being funded by City PARD Dedication Fees Fund and private funds provided by NSA
as shown in the following table. NSA will make an initial payment in the amount of$530,000.00 to the
City upon execution of the funding agreement between the City and NSA. NSA shall make three
future payments of$50,000.00 each to the City as outlined below.
Fund Sources Available Date Amount
i
PARD Dedication Fees Fund CFW Available Now $1,000,000.00
FP Funds NSA Available Now $530,000.00
Private Funds NSA Prior to June 30, 2022 F-$50,000.00
Private Funds NSA Prior to June 30, 2023 $50,000.00
Private Funds NSA Prior to June 30, 2024 F-$50,000.00
PARTNERSHIP FUNDING $1,680,000.00
Funding for this project was not included in the Fiscal Years 2022-2026 Capital Improvement Program
(CIP) due to unrealized private funding at the time of CIP submission. The action in this M&C will
amend the FY2022-2026 CIP.
Approval of Recommendation No. 4 would adjust appropriations between a programmable project and
convert the Fire Station Park Expansion project in a static capital project. This action is needed as
future funding for the Fire Station Park Expansion project is anticipated from other funding sources
and the scope of this project differs from that of the current programmable project.
Schedule— Pre-Construction services will commence upon award of this contract and issuance of a
Notice to Proceed. Construction services for Fire Station Park Expansion project will begin April
2022, with completion of the skate park by October 2022 and the completion of the remaining park
improvements by February 2023.
The Fire Station Park Expansion project is estimated to increase the department's annual
maintenance by $25,402.00 beginning in FY2023. As of January 31, 2021, the cumulative total of all
previously approved M&C's increased the department's estimated annual maintenance by
$557,948.00 beginning in FY2023.
Fees — Because this work will be performed by a City contractor, occur on City property and be
owned by the City, general construction permit fees are waived and Building Permit Fees are waived
in accordance with the City' s Code of Ordinances, Chapter 7, Article I, Section 7-1 Building
Administrative Code, Section 109.2.1, Building Permit Fees, Exception 2.
Business Equity Goal — Dean Construction is in compliance with the City's Business Equity
Ordinance by committing to 20\% Business Equity participation on this project. The City's Business
Equity goal on this CMAR project is 20\%.
Fire Station Park is located in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations, execution of the
agreements and adoption of the attached appropriation ordinances, funds will be deposited into the
General Capital Projects Fund and available in the PARD Dedication Fees Fund, as appropriated.
The Park & Recreation Department (and Financial Management Services) is responsible for the
collection and deposit of funds due to the City. Prior to any expense being incurred, the Park &
Recreation Department also has the responsibility to validate the availability of funds
TO
Fund Departmenti Account Project Program Activity Budget Reference # Amount
ID ID t Year (Chartfield 2)
FROM F nu d Department_ Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office by_ Valerie Washington (6192)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: David Creek (5744)
ATTACHMENTS
80FIRE STATION PARK IMPROVEMENTS MAR funds availabilitypdf (CFW Internal)
80FIRE STATION PARK IMPROVEMENTS MAR Updated FID table.xlsx (CFW Internal)
80FIRE STATION PARK IMPROVEMENTS MAR 30100 A022(r2)_(2)r.docx (Public)
80FIRE STATION PARK IMPROVEMENTS MAR 30110 A022(r3)_(2)r.docx (Public)
80FIRE STATION PARK IMPROVEMENTS MAR 30110 A022(r4)_(j)r.docx (Public)
C2638 Fire Station Park Project Budget Summary_.jpg (CFW Internal)
Dean Electric CompMemo CO2638 2.16.22 GV.pdf (CFW Internal)
Form 1295.pdf (CFW Internal)
Location Map.pdf (Public)
Map 1 —Location Map
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Fire Station Park
1601 LIPSCOMB ST
Fire Station Park is a 3-acre community park located in central Fort Worth,
Approximately .6 miles west of I-35 and approximately .5 miles south of West Rosedale Street.
This project scope only includes the 1.35-acre vacant area cast of Fire Station Community Center.
City of Fort Worth— Fire Station Park Improvements Project Page 19 of 50
CMAR RFP—Project#CO2638
Map 2—Site Overall Plan
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City of Fort Worth— Fire Station Park Improvements Project Page 20 of 50
CMAR RFP—Project#CO2638