HomeMy WebLinkAboutContract 60209CSC No. 60209
INFRASTRUCTURE CONSTRUCTION AGREEMENT
WITH AMERICAN RESCUE PLAN ACT FUNDS
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 the Fort Worth
Zoological Association ("Zoo Association"), acting by and through its duly authorized representative. City
and Zoo Association are referred to herein individually as a "party" and collectively as the "parties."
WHEREAS, Zoo Association, a 501(c) (3) corporation, is managing the Zoo pursuant to that
certain Management Agreement regarding management of the Zoo, City Secretary No. 58824, between Zoo
Association and City ("Management Agreement"); and
WHEREAS, City received American Rescue Plan Act (ARPA) Subtitle M State and Local Fiscal
Recovery Funds (SLFRF) to assist the City with the provision of governmental services.
WHEREAS, on June 21, 2021, City Council (M&C) 21-0445 adopted a framework of the City's
priorities for ARPA funds for which $1,500,000.00 is designated to fund infrastructure projects at the Zoo
("City Participation"); and
WHEREAS, pursuant to the Management Agreement, the City will provide funding to several
projects at the Zoo including the 4 infrastructure improvement projects as further described herein and
depicted on the Table attached hereto as Attachment A ("Projects"); and
WHEREAS, pursuant to the Management Agreement, Zoo Association, for no additional
management fee or compensation, will design and construct the Projects; and
WHEREAS, Zoo Association 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, Zoo Association and the City 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, Zoo Association agrees
to comply with the following provisions of the CFA Ordinance (City Code, Part II, Chapter 9
httns://codelibrary.amlegal.com/codes/ftworth/latest/ftworth tx/0-0-0-62316) in the performance of Zoo
Association's duties and obligations pursuant to this Agreement:
■ § 9-3 PURPOSE AND SCOPE
■ § 9-4 DEFINITIONS OFFICIAL RECORD
■ § 9-301 MATERIAL TESTING CITY SECRETARY
■ § 9-302 INSPECTION FEES FT. WORTH, Tx
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■ § 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 VII: CONSTRUCTION, FINAL INSPECTION, AND CFA CLOSEOUT
Zoo Association further agrees to cause all contractors hired by Zoo Association to comply with the CFA
Ordinance as recited herein in connection with the work performed by the contractors.
2.
Incorporation of Engineering Plans
The plans for the Projects will be approved by the Director of City Park & Recreation Department.
Final engineering plans and documents should be sent to City Park & Recreation Department for records
upon request.
3.
Description 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 Zoo Association's management presence on -site, it was determined that the most efficient way to
accomplish the City's obligation is to provide funding to Zoo Association through this Agreement so that
Zoo Association 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
Zoo Association 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. Zoo Association acknowledges that City will not accept the Projects until the City receives
affidavits and lien releases signed by Zoo Association'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.
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5.
City Participation
The City shall reimburse Zoo Association in an amount not to exceed $1,500,000.00 for design and
construction costs after presentation of proper documentation by Zoo Association to the City that the
Projects have been constructed and accepted by Zoo Association 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.
Under the §20-368 of the BEO, City shall set a Business Equity Goal for Community Facilities
Agreements, Infrastructure Construction Agreements, and any other agreement relating to the
construction of public infrastructure or a public building when the City's participation in the agreement
is $1,000,000.00 or more in City Funds. Since ARPA is federal funds and City's participation is less
than $1,000,000.00, no Business Equity Goal applies to this Agreement.
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"). Zoo Association shall encumber ARPA funds by December 31, 2024,
complete construction of the Projects and obtain the City's acceptance of the Improvements by
December 31, 2026 ("Term"). If construction of the Projects has started during the Term, the Zoo
Association 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 Zoo Association 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 Zoo Association's Financial Guarantee, if any, or the funding 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 Zoo Association.
(b) The City may utilize the Zoo Association'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 Zoo Association breaches this
Agreement, becomes insolvent, or fails to pay costs of construction.
(c) Nothing contained herein is intended to limit the Zoo Association's obligations under the CFA
Ordinance, this Agreement, the Financial Guarantee, Zoo Association's agreements with Zoo
Association's contractors, or other related agreements.
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8.
Termination
If Zoo Association desires to terminate this Agreement before Zoo Association's contractors
begin constructing the Projects, Zoo Association agrees to the following:
(a) that Zoo Association 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) Zoo Association will award all contracts for the construction of the Projects and cause the
Projects to be constructed in accordance with the CFA Ordinance.
(b) Zoo Association will employ construction contractors who meet the requirements of the City to
construct the Projects including, but not limited, to being prequalified, insured, licensed and bonded
to construct the Projects in the City.
(c) Zoo Association will require Zoo Association's contractors to provide the City with payment and
performance bonds naming the City and the Zoo Association 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. Zoo Association agrees to require Zoo Association'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) Zoo Association will require Zoo Association'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 Zoo Association -awarded infrastructure construction contracts. The City must be named as an
additional insured on all insurance policies. The Zoo Association 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) Zoo Association will require the Zoo Association'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. Zoo Association
will require Zoo Association's contractors to allow construction of the Improvements to be subject
to inspection at any and all times by the City's inspectors. Zoo Association will require Zoo
Association'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.
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(f) Zoo Association will not allow Zoo Association's contractors to begin construction of the Projects
until a notice to proceed to construction is issued by the City.
(g) Zoo Association will not allow Zoo Association'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) Zoo Association shall ensure the contractors are paid the City's wage rates in effect during
construction of the Projects.
10.
Utilities
Zoo Association 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 the Management Agreement.
11.
Easements and Rights -of -Way
Zoo Association 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) ZOO ASSOCIATION HEREBY RELEASES AND AGREES TO INDEMNIFY, DEFEND
AND HOLD THE CITY HARMLESS FOR ANY INADEQ UA CIES IN THE PRELIMINARY
PLANS, SPECIFICATIONS, ENGINEERING PLANS, AND COST ESTIMATES
SUPPLIED BY THE ZOO ASSOCIATION FOR THIS AGREEMENT.
(b) THE ZOO ASSOCIATION COVENANTS AND AGREES TO, AND BY THESE PRESENTS
DOES HEREBY FULL Y INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS
OFFICERS, AGENTS AND EMPLOYEES FROM ALL SUITS, ACTIONS OR CLAIMS OF
ANY CHARACTER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ONACCOUNT
OFANYINJURIES OR DAMAGES SUSTAINED BYANYPERSONS, INCLUDINGDEATH,
OR TO ANY PROPERTY, RESULTING FROM OR IN CONNECTION WITH THE
CONSTRUCTION, DESIGN, PERFORMANCE OR COMPLETION OF ANY WORK TO BE
PERFORMED BYSAID ZOO ASSOCIATION, ITS CONTRACTORS, SUBCONTRACTORS,
OFFICERS, AGENTS OR EMPLOYEES, OR IN CONSEQUENCE OF ANY FAILURE TO
PROPERLY SAFEGUARD THE WORK, OR ONACCOUNT OFANYACT, INTENTIONAL
OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID ZOO ASSOCIATION, ITS
CONTRACTORS, SUB -CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES,
WHETHER OR NOT SUCHINJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE
OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS
OFFICERS, SERVANTS, OR EMPLOYEES.
(c) ZOO ASSOCIATION WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND
AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES
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FROM 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
CONSTRUCTION OF THE PROJECTS CONTEMPLATED HEREIN, WHETHER OR NOT
SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR IN PART, BY
THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS,
SERVANTS, OR EMPLOYEES. FURTHER, ZOO ASSOCIATION WILL REQUIRE ITS
CONTRACTORS TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY FOR
ANYLOSSES, DAMAGES, COSTS OR EXPENSES SUFFERED BY THE CITY OR CAUSED
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 WITH ALL PLANS AND SPECIFICATIONS.
13.
Right to Enforce Contracts
Upon completion of all work associated with the construction of the Improvements, Zoo
Association will assign to the City a non-exclusive right to enforce the contracts entered into by Zoo
Association with its contractors, along with an assignment of all warranties given by the contractors,
whether express or implied. Further, Zoo Association 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
Zoo Association is responsible for arranging 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 Zoo Association
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 Zoo Association. If the Projects being constructed fail
a test, the Zoo Association must correct or replace the Projects until the Projects pass all retests. The Zoo
Association must pay the material testing laboratories directly for all material testing and retesting. The
City will obtainproof from the material testing laboratories that the material testing laboratories have
been paid in full by the Zoo Association 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 party by hand -delivery or by mail,
addressed to such party 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:
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Infrastructure Construction Agreement with ARPA Funds
CITY:
Park & Recreation Department
City of Fort Worth
4200 South Freeway, Suite 2200
Fort Worth, Texas 76115
With conies 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
Zoo Association:
Fort Worth Zoological Association
Megan Deen, CFO
1989 Colonial Parkway
Fort Worth, Texas 76110
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
Zoo Association 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 Zoo Association involving
transactions relating to this Agreement. Zoo Association agrees that the City shall have access during
normal working hours to all necessary Zoo Association 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 Zoo Association reasonable advance notice of intended audits.
Zoo Association further agrees to include in all contracts with Zoo Association'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 Zoo Association's contractors reasonable advance notice of
intended audits.
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17.
Independent Contractor
It is expressly understood and agreed that Zoo Association 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 employees of the City. Subject to and in accordance with the conditions and provisions
of this Agreement, Zoo Association 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. Zoo Association acknowledges that the
doctrine of respondeat superior shall not apply as between the City and its officers, representatives, agents,
servants and employees, and Zoo Association and its employees, representatives, agents, servants, officers,
contractors, subcontractors, and volunteers. Zoo Association further agrees that nothing herein shall be
construed as the creation of a partnership or joint enterprise between City and Zoo Association. It is further
understood that the City shall in no way be considered a co -employer or a joint employer of Zoo
Association or any employees, representatives, agents, servants, officers, contractors, subcontractors, and
volunteers of Zoo Association. Neither Zoo Association, nor any officers, agents, servants, employees or
subcontractors of Zoo Association shall be entitled to any employment benefits from the City. Zoo
Association 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
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Infrastructure Construction Agreement with ARPA Funds
to define or limit the scope of any provision of this Agreement.
22.
Severability
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
remaining provisions hereof.
23.
Review of Counsel
City and Zoo Association, 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
Zoo Association 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, Zoo Association certifies that Zoo Association's signature provides written verification to the
City that Zoo Association: (1) does not boycott Israel; and (2) will not boycott Israel during the term of this
Agreement.
25.
Immigration and Nationality Act
Zoo Association 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, Zoo Association shall provide City with copies of all I-9 forms and supporting
eligibility documentation for each employee who performs work under this Agreement. Zoo Association
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 Zoo Association employee who is not legally eligible to perform such
services. Zoo Association SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY
PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY Zoo
Association, Zoo Association'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES.
City, upon written notice to Zoo Association, shall have the right to immediately terminate this Agreement
for violations of this provision by Zoo Association.
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Infrastructure Construction Agreement with ARPA Funds
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 Zoo
Association.
27.
Assignment and Successors
Zoo Association 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 Zoo
Association, and any lawful assign or successor of Zoo Association, 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
Zoo Association, 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 Zoo Association any such violation on the part
of Zoo Association or any of its officers, agents, servants, employees, or subcontractors, then Zoo
Association shall immediately desist from and correct such violation.
30.
Signature Authority
The person signing this Agreement on behalf of Zoo Association warrants that he or she has the
legal authority to execute this Agreement on behalf of the Zoo Association, 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 Zoo Association concerning the work to be performed hereunder,
and any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof
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Infrastructure Construction Agreement with ARPA Funds
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
immediately notify Zoo Association 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]
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Infrastructure Construction Agreement with ARPA Funds
IN WITNESS WHEREOF, the City and Zoo Association 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
Dana 5"1-aG 07q
Dana Burghdoff (Oct Y2023 22M CDT)
Dana Burghdoff
Assistant City Manager
Date: Oct 3, 2023
Recommended by:
Richard Zavala
Director, Park & Recreation Department
Approved as to Form & Legality:
Jeremy Anato-Mensah
Assistant City Attorney I
M&C No. 23-0839
Date: 09/26/2023
Form 1295: N/A
ATTEST:
A
Jannette P. Goodall
City Secretary
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FORT WORTH ZOOLOGICAL
ASSOCIATION
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Y:
Name: Megan Deen
Title: Chief Financial Officer
Date: _ 9 12Wje-,W2--S
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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.
Name: Jing Yang
Title: Landscape Architect Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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Infrastructure Construction Agreement with ARPA Funds
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
❑
Attachment C - Location Map
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Infrastructure Construction Agreement with ARPA Funds
Attachment A
List of Project
Project
ARPA
Broadband Upgrade $ 50,000.00
2 Parking Lot Repair and Maintenance $ 195,000.00
3 Bridge Repair and Maintenance $ 160,000.00
4 Zoo Creek Erosion Control $ 1,095,000.00
TOTALS $1,500,000.00
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Infrastructure Construction Agreement with City Participation
Attachment B
CITY COUNCIL AGENDA
Create New From This M&C
Official site of the City of Fort Worth, Texas
FORT�WQRrTH
REFERENCE **M&C 23- 80INFRASTRUCTURE
DATE: 9/26/2023 NO.: 0839 LOG NAME: CONSTRUCTION AGREEMENTS
WITH FWZA
CODE: G TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (CD 9) Authorize Execution of Two Infrastructure Construction Agreements with the Fort
Worth Zoological Association to Fulfill the City of Fort Worth's Initial Obligation to
Construct, Maintain, and Repair Certain Public Infrastructure within the Fort Worth Zoo;
Adopt Appropriation Ordinances; and Amend Fiscal Years 2023-2027 Capital Improvement
Program (2022 Bond Program)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of two Infrastructure Construction Agreements with the Fort Worth
Zoological Association to fulfill the City of Fort Worth's initial obligation to construct,
maintain, and repair certain public infrastructure within the Fort Worth Zoo;
2. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations
in the Tax Note 2021 C Fund by increasing estimated receipts and appropriations in the Zoo
Predator Ridge project (City Project No. 104926) in the amount of $340,072.72 and
decreasing estimated receipts and appropriations in the Fort Worth Zoo Utility Infrastructure
Programmable project (City Project No. PB0012) by the same amount;
3. Adopt the attached appropriation ordinance adjusting appropriations in the 2022 Bond
Program Fund by increasing appropriations in the Zoo Predator Ridge project (City Project
No. 104926) in the amount of $612,357.17 and decreasing appropriations in the Fort Worth
Zoo Utility Infrastructure Programmable project (City Project No. PB0012) by the same
amount; and
4. Amend the Fiscal Years 2023-2027 Capital Improvement Program.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize two Infrastructure
Construction Agreements (ICA) with the Fort Worth Zoological Association (FWZA): The Infrastructure
Improvements ICA with American Rescue Plan Act (ARPA) funds and The Predator Ridge ICA. These
ICAs will fulfill the City's obligation to construct, maintain, and repair certain public infrastructure within
the Fort Worth Zoo (Zoo) pursuant to the Management Services Agreement (MSA) with FWZA (City
Secretary Contract No. 58824) (M&C 22-1062, December 13, 2022) collectively defined as "Capital
Improvements". The MSA with FWZA contains a list of identified Capital Improvements - deferred
facility maintenance projects or other capital expenditures.
Due to FWZA's management presence on -site, it was determined that the most efficient way to
accomplish the City's obligation is to provide funding to the FWZA through two ICAs so that FWZA can
obtain its own contractors and oversee the work.
Infrastructure Improvements ICA with ARPA Funds: The City will reimburse FWZA for an amount
up to $1,500,000.00 from the American Rescue Plan Act (ARPA) Funds. On June 22, 2021 (M&C 21-
0445), City Council adopted a framework of the City's priorities for ARPA funds for which
$1,500,000.00 is designated to fund four (4) Capital Improvements project at the Zoo. Infrastructure
Improvements ICA with ARPA Funds project list is shown below:
project Number Project ARPA
104478 Broadband Upgrade $ 50,000.00
104478 Parking Lot Repair and Maintenance $ 195,000.00
104478 Bridge Repair and Maintenance $ 160,000.00
104478 Zoo Creek Erosion Control $ 1,095,000.00
TOTALS $1,500,000.00
FWZA will be responsible for submitting detailed expenditure reports quarterly for the ARPA funded
projects: Broadband Upgrade, Parking Lot Repair and Maintenance, Bridge Repair and Maintenance
and Zoo Creek Erosion Control, and the City Project Manager will be responsible for coordinating the
receipt of those reports from FWZA. The quarterly expenditure reports are required to be submitted to
the City Financial Management Services grants financial reporting coordinator no later than the 15th
of January, April, July and October for the prior quarter's expenditures. The annual State and Local
Fiscal Recovery Funds (SLFRF) Performance Report is required to be submitted no later than July
15th of each year until funds are fully expended. Due to the federal funding being used for the
Broadband Upgrade, Parking Lot Repair and Maintenance, Bridge Repair and Maintenance and Zoo
Creek Erosion Control projects, FWZA must complete the competitive bidding process in order to hire
contractors for the completion of these projects.
Predator Ridge ICA: The City will reimburse FWZA for an amount up to $952,429.89 from the 2021
Tax Notes and 2022 Bond Funds for the construction of the Predator Ridge project at the Zoo.
In order to administratively track the spending of all funding sources in one project, appropriation
ordinances are needed to move appropriations from the programmable project to the static project.
Approval of recommendations 2 and 3 would adjust appropriations between a programmable project
(PB0012 Zoo Utility Infrastructure) and convert the Zoo Predator Ridge project (City Project No.
104926) into a static capital project.
This action will amend the 2023-2027 Capital Improvement Program. This action is needed as funding
for the Zoo Predator Ridge project (City Project No. 104926) includes funding from multiple sources.
The adjustment between the programmable project and static project is shown below:
Fund
Project
Authority Appropriation Adjustment Revised
Budget
Tax
104926
Note
Zoo
This M&C $0.00 $340,072.72 $340,072.72
2021 C
Predator
Ridge
2022
104926
Bond
Zoo
This M&C $0.00 $612,357.17 $612,357.17
Program
Predator
Ridge
TOTALS
$0.00 $952,429.89 $952,429.89
On April 13, 2021, M&C 21-0265 Series 2021 C Tax Notes were issued "in the other identified
projects of the Tax Note 2021 C Fund" which included utility relocations related to construction
improvements to the Fort Worth Zoological Association (FWZA) Elephant Springs Phase II project in
the amount of $1,330,000.00. The Elephant Springs project is complete and the gift deed was
accepted on January 11, 2022, M&C 22-0050. There is a balance of $340,072.72 in the Tax Note
2021C Fund for FWZA utility reimbursements.
The 2022 Bond program included $3,500,000.00 Fort Worth Zoo — Utility Infrastructure
Project Description: Design and construction of utility infrastructure required to support new facilities
being constructed at the City -owned Fort Worth Zoo.
Future FWZA projects include Exploration & Learning Center (2024, $3,375,000.00) and Forests &
Jungles (2025, $3,375,000.00).
The Zoo Predator Ridge project is included in the 2022 Bond Program. The City's Extendable
Commercial Paper (ECP) (M&C 22-0607; Ordinance 25675-08-2022) provides liquidity to support the
appropriation. Available resources will be used to make any interim progress payments until debt is
issued. Once debt associated with a project is sold, debt proceeds will reimburse the interim financing
source in accordance with the statement expressing official intent to reimburse what was adopted as
part of the ordinance canvassing the bond election (Ordinance 25515-05-2022).
Business Equity — Compliant to the BE Ordinance, Section 20-368(a) and (d), DVIN does not set goals
for ICA and federally -funded projects when the City's participation in the agreement is less than
$1,000,000.00 in City Funds.
The Zoo is located in COUNCIL DISTRICT 9 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 Grants Cap Projects Federal Fund for the ARPA FWZoo Repair/Maint/Brdbnd
project and in the Fort Worth Zoo -Utility Infrast programmable project within the Tax Note 2021 C and
2022 Bond Program Funds and upon approval of the above recommendations and adoption of the
attached appropriation ordinances, funds will be available in the Tax Note 2021 C and 2022 Bond
Program Funds for the Zoo Predator Ridge project to support the above recommendations and
execution of the agreements. Prior to an expenditure being incurred, the Park & Recreation
Department has the responsibility of verifying the availability of funds. ARPA is an advance grant.
TO
Fund Department Account Project
ID ID
FROM
Fund Department Account Project
ID ID
Submitted for City Manager's Office by_
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Program Activity Budget Reference # Amount
Year (Chartfield 2)
Program Activity Budget Reference #
Year (Chartfield 2)
Jesica L. McEachern (5804)
Dave Lewis (5717)
Joel McElhany (5745)
Amount
80INFRASTRUCTURE CONSTRUCTION AGREEMENTS WITH FWZA funds availabilitv.pdf (CFW Internal)
80INFRASTRUCTURE CONSTRUCTION AGREEMENTS WITH FWZA Updated FID.XLSX (CFW Internal)
FTW Zoo Location Map.pdf (Public)
ORD.APP 80INFRASTRUCTURE CONSTRUCTION AGREEMENTS WITH FWZA (r2).docx (Public)
ORD.APP 80INFRASTRUCTURE CONSTRUCTION AGREEMENTS WITH FWZA (r3).docx (Public)
Attachment C Location Map
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This product is for informational purposes and may not have been prepared for or be
0 0.14 0.3 Miles suitable for legal, engineering, or surveying purposes. The City of Fort Worth assumes no
responsibility for the accuracy of said data.
Legend
Parking Lot R & M
Zoo Creek Erosion
Bridge R & M
Broadband Upgrade
FORT WORTH.
1:9,028 '
s
NCTCOG ORTHOPHOTOGRAPHY