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HomeMy WebLinkAbout065010 - Construction-Related - Contract - Tarrant County Hospital District (TCHD)Date Received: 4/10/2026 Time Received: 4:00 p.m. Record No.: MAINT25-005 City Secretary No.: 65010 MAINTENANCE AGREEMENT FOR NON-STANDARD PUBLIC IMPROVEMENTS This MAINTENANCE AGREEMENT FOR NON-STANDARD PUBLIC IMPROVEMENTS ("Agreement"), is by and between the City of Fort Worth, a home -rule municipal corporation of the State of Texas ("City") and Tarrant Counjy Hospital District, a Texas public facility corporation ("Developer"). City and Developer are referred to herein individually as a "party" and collectively as the "parties." 1. Property Developer is the owner of certain real property located at 175 W Magnolia Ave, Fort Worth, TX 76104, Tarrant County, Texas, as more particularly described in Exhibit "A" which is attached hereto and incorporated herein by reference ("Developer Property"). 2. Scope Developer desires to install the following non-standard public infrastructure improvements, within the City's right-of-way, easement, or other property owned by the City ("City Property") as more specifically identified in Exhibit `B" which is attached hereto and incorporated herein by reference: Garbage Receptacles, Tree Wells, Benches, Bike Racks("Improvements"). Upon completion of construction of the Improvements by Developer, the City shall own the Improvements. 3. Duties and Responsibilities (a) Before Developer commences construction of the Improvements, Developer shall obtain all necessary permits and approvals necessary from the City and other entities for Developer or its contractors to construct the Improvements. Developer shall coordinate the construction of the Improvements with any work being performed by the City or the City's authorized representatives within the City Property. (b) Developer shall secure, at Developer's own expense, all materials, supplies, machinery, equipment, tools, superintendence, labor, personnel, insurance, and other accessories and services necessary to properly maintain the Improvements. Maintenance Agreement for Non -Standard Public Improvements OFFICIAL RECORD Page 1 of 14 Rev. 10/08/25 RM CITY SECRETARY FT. WORTH, TX (c) Developer shall maintain the Improvements in good working condition so that the Improvements perform their intended function. (d) If the Improvements include irrigation, Developer shall be responsible for paying for all costs of the water used for irrigation and for obtaining, at Developer's expense, any water meters or other water infrastructure necessary for the irrigation. (e) The City shall be responsible for maintaining its streets, travel lanes, sidewalks, and rights - of -way, excluding any special pavement or treatments included within the Improvements, in accordance with City's standard policies and procedures. The City shall take such steps as are appropriate to ensure that the work involved is properly coordinated with any related work performed by Developer or the Developer's authorized representative. (f) In the event that any City -owned property, including, but not limited to, utilities, curbs, equipment, turf, trees, or pavement, are damaged or destroyed during installation or maintenance of the Improvements by Developer or its contractors, Developer shall be responsible for all repairs or replacement of the City -owned property. (g) In the event Developer fails to maintain the Improvements, City may provide written notice to Developer and Developer shall make all necessary repairs within thirty (30) calendar days of receipt of such written notice. If repairs cannot be reasonably completed within thirty (30) calendar days, Developer shall begin repairs within thirty (30) calendar days of receipt of the notice from the City and shall diligently pursue the repairs until completed, provided however, if the condition of the Improvements poses an immediate threat to life, health, or property such repair shall be completed by Developer within thirty (30) days of receipt of the written notice. If Developer fails to make the repairs as provided herein, City may take all actions reasonably necessary to repair the Improvements and Developer shall be responsible for reimbursing the City for all costs of the repairs performed by the City in accordance with this Agreement. (h) The City shall not be obligated to repair the Improvements beyond the level of City's standard specifications. In the event, however, the City pursuant to this Agreement performs any work of any nature that is Developer's obligation hereunder that Developer has failed to perform, Developer shall reimburse the City, within thirty (30) days of the City making a written demand for reimbursement from Developer for the costs attributable to such work performed by the City, including by not limited to labor, equipment, supplies, materials, and overhead, including time spent by City's employees performing the repairs. If Developer fails to pay the City for the costs incurred by the City, the City may pursue all available remedies at law and in equity to recover the costs from Developer. 4. Term The term of this Agreement shall commence upon execution of this Agreement by the City's Assistant City Manager ("Effective Date") and shall continue until termination of this Maintenance Agreement for Non -Standard Public Improvements Page 2 of 14 Rev. 10/08/25 RM Agreement as provided herein. 5. Right of Access City shall have the right at any time to enter any portion of the City Property (without causing or constituting a termination or interreference with Developer's right to install and maintain the Improvements on the City Property) for the purpose of inspecting and maintaining the City Property and taking any and all measures necessary for the proper conduct and operation of the City Property; provided this shall not authorize or empower the City to direct the activities of Developer or assume liability for Developer's activities. 6. Indemnification (a) TO EXTENT PERMITTED BY THE TEXAS LAW, AND RULES, AND WITHOUT WAIVING AMYIMMUNITIES OR DEFENSESAVAIABLE TO DEVELOPERASA GOVERNMENTAL ENTIY, DEVELOPER, ITS SUCCESSORS OR ASSIGNS, AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OFANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO DEVELOPER'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY (i) DEVELOPER'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (q) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF DEVELOPER, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR SUBCONTRACTORS, RELATED TO THE CONSTRUCTION AND MAINTENANCE OF THE IMPROVEMENTS OR THE PERFORMANCE OF DEVELOPER'S OBLIGATIONS UNDER THIS AGREEMENT, EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS, AND IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH DEVELOPER AND CITY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. NOTHING HEREIN SHALL BE CONSTRUED AS A WAIVER OF THE CITY'S GOVERNMENTAL IMMUNITY AS FURTHER PROVIDED BY THE LAWS OF TEXAS. (b) Developer, its successors or assigns, covenants and agrees that City shall in no way nor under any circumstances be responsible for any property belonging to Developer, its Maintenance Agreement for Non -Standard Public Improvements Page 3 of 14 Rev. 10/08/25 RM members, employees, agents, contractors, subcontractors, invitees, licensees, or trespassers, which is placed on the City Property and is stolen, destroyed, or in any way damaged, and Developer hereby releases the City from any and all such claims. The City does not guarantee police protection and will not be liable for any loss or damage sustained by Developer, its members, employees, agents, contractors, subcontractors, invitees, licensees, or trespassers on the City Property. It is further agreed that the acceptance of this release shall not constitute a waiver by the City of Fort Worth of any defense of governmental immunity, where applicable. or any other defense recognized by the statutes and court decisions of this State. 7. Insurance Developer shall not commence work under this Agreement until it has obtained and provided documentation thereof of the insurance required by Exhibit "C", which is attached hereto and incorporated herein by reference. Developer shall be responsible for delivering to the City Developer's certificate of insurance for approval. Any contractors performing maintenance on the Improvements shall also provide Developer and City with documentation of the insurance required by Exhibit "C". 8. Independent Contractor Developer shall perform all work and services hereunder as an independent contractor and not as an officer, agent, servant or employee of the City. Developer shall have exclusive control of, and the exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, and employees and sub-consultants/subcontractors. Nothing herein shall be construed as creating a partnership or joint venture between the City and Developer, its officers, agents, employees and sub consultants/subcontractors, and doctrine of respondent superior has no application as between the City and Developer. 9. Licenses and Permits Developer shall comply with all federal, state and local laws, rules and regulations now or hereafter in effect which are applicable to Developer's duties and obligations pursuant to this Agreement. Developer shall obtain and keep in effect at its own cost and expense all licenses and permits, incurred or required in connection with this Agreement. 10. Liens Developer agrees that it shall do no act, nor make any contract, that may create or be the foundation for any lien upon or interest in the City Property, and any such contract or lien attempted to be Maintenance Agreement for Non -Standard Public Improvements Page 4 of 14 Rev. 10/08/25 RM created shall be void. Should any purported lien on City Property be created or filed, Developer, at its sole expense, shall discharge the lien within thirty (30) days after notice from City to do so. 11. Termination and Default (a) In the event Developer fails to comply with any of the terms and conditions of this Agreement after notice and the passage of the appropriate cure period provided in this Agreement, City shall have the right, without further notice, to declare this Agreement immediately terminated and to enter into and take full possession of the City's interest in the City Property. In the event of such termination of this Agreement by the City, all rights, duties and privileges of Developer hereunder shall cease and terminate. (b) Upon termination of this Agreement, the parties shall be released from all obligations contained in this Agreement except for any indemnification obligations pursuant to Section 6 of this Agreement occurring prior to the effective date of such termination. (c) Termination notice shall be considered rendered three business days after being placed in the United States Postal Service for delivery to the other party in accordance with Section 13. 12. Non-discrimination/Disabilities Developer, in its installation or maintenance of the Improvements, and occupancy or use of the City Property, shall not discriminate against any person or persons because of race, age, gender, religion, color, national origin, sexual orientation, or disability nor will Developer permit its officers, agents, employees or subcontractors to engage in such discrimination. 13. Notice Any notice required by this Agreement shall be sufficient if deposited in the U.S. Mail, postage prepaid and addressed to the other party as follows: CITY: City of Fort Worth Development Services Department Attn: Assistant Director 100 Fort Worth Trail Fort Worth, Texas 76102 With a copy to: City Attorney's Office 100 Fort Worth Trail Maintenance Agreement for Non -Standard Public Improvements Page 5 of 14 Rev. 10/08/25 RM Fort Worth, Texas 76102 DEVELOPER: Tarrant County Hospital District 1500 S. Main St. Fort Worth, TX 76104 14. 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 Agreement shall be in Tarrant County. Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 15. Assignment (a) Developer agrees that it will not assign all or any part of its rights, privileges or duties hereunder without the prior written consent of the City and any attempted assignment of same without such prior consent of the City shall be void except that Developer may, without prior written consent, assign any or all of its rights, privileges or duties hereunder to: (i) an affiliate (defined as an entity under common control with Developer); or (ii) an authorized Public Improvement District whose boundaries include the C ity Property, (each an "Allowed Assignment"). In the event of an Allowed Assignment, Developer will notify the City within thirty (30) days of such assignment. If notice of an Allowed Assignment is not provided within thirty (30) days to the City such assignment shall be void. In the event of an assignment as authorized by this Section, , Developer shall be released from any further obligation or liability under this Agreement for anything that arises after the date of the assignment, but shall continue to be liable and responsible for anything that occurred prior to the date of the assignment. Notwithstanding the foregoing, or anything in this Agreement to the contrary, it is understood and agreed that Developer will contract or subcontract various parts of its obligations hereunder to others to perform on behalf of Developer, and such contracting or subcontracting is expressly permitted hereunder. (b) Subject to the limitations contained herein, the covenants, conditions and agreements made and entered into by the parties hereunder are declared to be for the benefit of and binding on their respective successors, representatives and permitted assigns, if any. (c) Notwithstanding anything herein to the contrary, no provision of this Agreement shall be construed to prohibit or restrict Developer's ability to sell, lease, pledge or otherwise transfer the Developer Property or any part thereof. Upon any such transfer of the Developer Property, the benefits and obligations of this Agreement shall run with the Developer Property, or portion thereof, and bind Developer's successors in interest in Maintenance Agreement for Non -Standard Public Improvements Page 6 of 14 Rev. 10/08/25 RM proportion to the interest in the Developer Property so transferred. 16. Severability, Waiver and Headings (a) In the event any covenant, condition or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition or provision shall in no way affect any other covenant, condition or provision herein contained; provided however, that the invalidity of any such covenant, condition or provision does not materially prejudice either Developer or City in connection with the rights and obligations contained in the valid covenants, conditions or provisions of this Agreement. (b) The waiver by the City of any default or breach of a term, covenant or condition of this Agreement shall not be deemed to be a waiver of any other breach of that term, covenant or condition or any other term, covenant or condition of this Agreement, regardless of when the breach occurred. (c) The headings in this Agreement are inserted for reference only, and shall not define or limit the provisions hereof. 17. Recordation This Agreement shall be recorded in the Real Property Records of the applicable county and shall be a covenant running with the land binding upon all parties having any right, title or interest in the Developer Property or any part thereof, including their heirs, successors and assigns, and shall inure to the benefit of the owners of the Developer Property and to the City. 18. Entire Understanding (a) This written instrument including all Attachments, Schedules, and Exhibits attached hereto constitutes the entire agreement by the Parties concerning this Agreement and the obligations of the Parties, and any prior or contemporaneous oral or written agreement that purports to vary from the terms hereof shall be void. This Agreement cannot be modified or amended without the written consent of all the Parties. (b) 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 and their respective successors and assigns. (c) This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which, taken together, shall be one and the same instrument. Electronic signatures and facsimile, pdf or other copies of original signatures shall be Maintenance Agreement for Non -Standard Public Improvements Page 7 of 14 Rev. 10/08/25 RM binding as originals. IN WITNESS WHEREOF, the Parties have each executed this Agreement by each parry's duly authorized representative. CITY OF FORT WORTH: I � By: Jesica McEachern Assistant City Manager Date: 04/10/2026 Approved as to Form and Legality uJ� By: Jessika Williams Assistant City Attorney No M&C Required THE STATE OF TEXAS § COUNTY OFTARRANT § nq ATTEST pO� Fcnr`:aa a_w ° .%o, 40 �ac�zx. � Qaaq nEoasa4 By: Jannette Goodall City Secretary Contract Compliance Manager By signing, I acknowledge that I am the person responsible or the monitoring and administration of this contract, including ensuring all performance and reporting requirements. jz � Kandice Merrick Planning Manager BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Jesica McEachern, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed, as the act and deed of the City of Fort Worth, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 10th day of April , 2o6 Notary Public in and for the State of Texas Audrey Lee Wallace My Cammasslan Uplres OFFICIAL RECORD 911 OJ2028 CITY SECRETARY Main Not$,r,�, kD135E1�92588 'ublic Improvements Page 8 of 14 Rev. 1 FT. WORTH, TX DEVELOPER: Tarrant County Hospital District a Texas public facility corporation By: i Na ir: f Farrell Ti 11 SR EVP, Chief Operations Officer Date: THE STATE OF TEXAS COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Jill Farrell, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, as Tarrant County Hospital District, a Texas public facility corporation, as the act and deed of said company. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 5 day of i 0 V 1? IVY. IZ , 20 Public In and for the State of Texas Suzanne Barnes Notary Public STATE Non ry ID2417257-2 TEXAS My Comm. Exp, o8/m/2026 Maintenance Agreement for Non -Standard Public Improvements Page 9 of 14 Rev. 10/08/25 RM EXHIBIT A PROPERTY DESCRIPTION Lot 1R1R-1, Block Q, Rosedale Addition, an addition to the City of Fort Worth, Tarrant County, Texas Maintenance Agreement far Non -Standard Public Improvements Page 10 of 14 LO w 0 LO d 0) °C a a 2A`si � z r A y @ till gs33 e�fib'p3; y ] Bs2l. _ s !g a 3° ag°] i$ a`? 5?i 'S i !' _9C RIM '!3 9 C; i BBB ; � 1 5 �$ 0 S g .g g l 2 a i ay $�, x i i ] I 8}}i s $�'_a 1, }' gym€ } Hnfl � 3 1- $5 !gi � ;a H]8��°a a A�C 1?81w 1s $ 6i 8 S 3$ i Ea8 g� �a ag %g a �_.; i a i]ajgx2 gy%"a Haig B;'° { ws N§°Jk aY"- E ] 1 9g 'N A � : ig$=�5; a HBAAa§!d gggg $$$->J a@§ tli �$i as i LO e x �Bg4 AR a} y�ag5!}; a sgq��. ag }p �$g: t!• ;yp t}�$j {;i };4; ! 8�aie} 1 p o3 ay a a S3�is °i"B i}}#� B►i d!}�� 44 B]€Be°� sn?� Ei}� Blj'�} i g13 a& `pit # g{g��4s ll,5gL� �H� k Hi�ii�'fi xm y,93N•LS 3AOXJ )rVO � _ : - r � - - _ h I >:i i a 9 A ]r g .. • _ <c I •s.m.o � � .] � g B�• �Q=r* � B< 's � B Ba €�' i g,a s - 8DMV SM07 IS I � I '�� •�� A � nwa3sa3ve eu .reci � � 4 ! A .oah - k' gig �� 3�V � 1�� § 1-- I B gig A ae B s iI n- I 1 § @ IIIK§ B = iRq I _ Ra Ph Y 9 $B,yTFj da 1 a. Y € � _ yrsa� •��.euu _ 0. 1 II is J VP Itas M B j g6 q z !4 xw.ttnox A AF + (arotl � zwmwnl tn-aw saKHAV SM07 IS @ 8 �5 is � d�♦ -\ -- II 9�g I �g I NE'. I ry9�qg 9�g$ �a$�� ° �fe Ep'?4 _� irval n�a§p ,�La"' ^ay 5 I i' Vm 2 33 s s« CL FF nark 6 I x, I yyJ C l'�3�' xaa• xaux avu •ic�,•r 5e n� a wmwK shwa : awav Ig - �� 1 B 3 � m A @@ ddgggggg Me EXHIBIT B DETAILS OF IMPROVEMENTS Maintenance Agreement for Non -Standard Public Improvements Page 11 of 14 Rev. 10/08/25 RM N 0 2000 Tarrant County Hospital District (dba JPS Health Network) 1500 S. Main Street Fort Worth, Texas 76106 Contact: Lou Mattingly Ph: 817-702-4941 mapsco No. 1 AK-V/01V1 District #9 EXHIBIT A Parkway & Pedestrian Light Improvements for JPS Parking Garage City Proj. No. CPN 106001 LOCATION teague nail & perkins 5237 N. Riverside Drive, Suite 100 Fort Worth, Texas 76137 817.336.5773 ph 817.336.2813 fx TBPE Registration No. F-230 www.tnpinc.com Contact: Scott Gibson, P.E. Page 1 of 3 PROPOSED BENCH, TRASH CAN, & BIKE RACK LOCATION w � a a z o �i LLI PROPOSED BENCH, TRASH CAN, & BIKE RACK LOCATION j b^ ILIA AV� A • • \ \:IMM as TO BE IRRIGATED :o• \ \ p IjI M two I, 1 EXHIBIT 61 N 0 150 ............................................................................................ .....................................................................................................................................................: Tarrant County Parkway & Pedestrian teague nail & perkins Hospital District (dba Light Improvements for 5237 N. Riverside Drive, Suite 100 JPS Health Network) g p Fort Worth, Texas 76137 JPS Parking Garage 817.336.5773ph 817.336.2813fx 1500 S. Main Street TBPE Registration No. F-230 Fort Worth, Texas 76106 City Proj. No. CPN 106001 www.tnpinc.com Contact: Lou Mattingly Contact: Scott Gibson, P.E. Ph: 817-702-4941 Page 2 of 3 awing: aycls N ng— .A;�< v Jan — by latt— imouc street rams E.eiea w,f, UD-e.�.a.a - xaEr-aiocd.,- xm-anR-onsa�dwq ...................... ............................ ......................... .................................... .................................................................................................... z Cn 0 F- 0 in Uj >a LU > _j CI)i A GNOLU"W-E. 6.29' 428.99' PROPOSED TREES — PROPOSED TREES ----TO BE IRRIGATED TO BE IRRIGATED o w I I i0M 2,330 sq.tt PROPOSED BENCH, TRASH CAN, & BIKE 570s RACK LOCATION q —PROPOSED BENCH, PROPOSED TREES TRASH CAN, & BIKE q TO BE IRRIGATED RACK LOCATION . ................................. TITIATF�TWI '1 !0!6-1 -0— r\ C3_D PROPOSED TREES TO BE IRRIGATED 1,010 sq.ft a 40 d PROPOSED TREE IRRIGATED ... . . . . . . . TO BE 11 C, L TREES IRRIGATED ED N 4 C—=102 sq.ft a q EXHIBIT B2 0 I 80 ..................................................................................................................................................................................................................................................... Tarrant County Parkway & Pedestrian teague nail & perkins Hospital District (dba 5237 N. Riverside Drive, Suite 100 Light Improvements for Fort Worth, Texas 76137 JPS Health Network) JPS Parking Garage 817.336.5773 ph 817.336.2813 fx 1500 S. Main Street TBPE Registration No. F-230 Fort Worth, Texas 76106 Citv Proj. No. CPN 106001 www.tnpinc.com Contact: Lou Mattingly Contact: Scott Gibson, P.E. Ph: 8 17-702-4941 Page 3 of 3 nmg: ropes -5- y ?.t.. L.-t: Sheet fi.hts E.hbit(,IX'eft, .-BAR.d,. - XREF-BLDGA.. - EXHIBIT C CERTIFICATE OF INSURANCE RETAINING WALL MAINTENANCE AGREEMENT 10 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Tarrant County Hospital District Subject of the Agreement: Maintenance Agreement NON -Standard Public Improvements M&C Approved by the Council? * Yes ❑ No If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No IZI If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No © If only specific information is Confidential, please list what information is Confidential and the page it is located. Certificate of Insurance Effective Date: Date Assistant City Manager Signs Expiration Date If different from the approval date. None If applicable. Is a 1295 Form required? * Yes ❑ No *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes © No ❑ Contracts need to be routed for CSO processing in the following order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.