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HomeMy WebLinkAbout065170 - Construction-Related - Contract - Tarrant County Coalition for Peace and JusticeCity Secretary Number: 65170 SMALL-SCALE INFRASTRUCTURE PROGRAM AGREEMENT SSIP-25-0034 Project No. 106847 This SMALL-SCALE INFRASRUCTURE PROGRAM 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 and Tarrant County Coalition for Peace and Justice ("Developer"). City and Developer are referred to herein individually as a "party" and collectively as the "parties." WHEREAS, the City's Development Services Department has a small-scale infrastructure program for the design and construction of small-scale and infill-type public infrastructure improvement projects ("Program"); and WHEREAS, Developer is developing property within the City for a project located at 1000 NE 12TH ST, Fort Worth, TX 76102 and generally known as Mr. Fred Rouse Memorial ("Project") and Developer desires to use the Program for the Project; and WHEREAS, pursuant to the Program, the City can design and construct public infrastructure necessary for the Project and Developer will pay all costs for the design and construction of the public infrastructure; and WHEREAS, City and Developer desire to enter into this Agreement for Developer to utilize the Program for the Project; NOW, THEREFORE, in consideration of the covenants and agreements contained in this Agreement, City and Developer hereby agree as follows: SECTION 1. SCOPE (a) City shall obtain the engineering design and construction phase engineering services for the public infrastructure improvements for the Project ("Improvements") through the use of the third -parry engineering firm identified in the Level of Effort (LOE) ("Engineer") which is attached hereto as Exhibit "A" and incorporated herein by reference. Developer has reviewed and approved the LOE and agrees to all statements in the LOE. Developer has reviewed, agrees to all statements, and approved the Opinion of Probable Construction Cost (OPCC) which is attached hereto as Exhibit "B" and incorporated herein by reference. Developer has reviewed, agrees to all statements, and approved the City of Fort Worth Fee Table, which is attached hereto as Exhibit "C" and incorporated herein by reference. Developer shall have the opportunity to review the final design of the Improvements to identify any errors, deficiencies, or conflicts that must be addressed before construction of the Improvements. Upon completion of the engineering plans and acceptance of the engineering plans by the City and Developer, the engineering plans are incorporated by reference into this Agreement. Developer understands that any revisions to the engineering plans requested by Developer before or after the review or acceptance of the final design will require additional design fees paid by Developer for the additional engineering costs. (b) Developer understands and agrees that City makes no representation or promise relating to: (1) the date the engineering plans will be completed by Engineer and accepted by the City; (2) that Engineer will complete the engineering plans; or (3) the cost of the engineering plans. If the City's agreement with Engineer is terminated, or Engineer is in default under its agreement with the City, City of Fort Worth, Texas OFFICIAL RECORD Standard Community Facilities Agreement CFA Official Release Date: 05.01.2015 CITY SECRETARY Page 1 of 12 FT. WORTH, TX the City may offer a substitute engineer to re -design or complete the design of the engineering plans ("Substitute Engineer"). (c) Upon completion of the engineering plans, City shall contract with the third -party construction contractor identified in the Construction Task Order ("Contractor"). The construction Task Order will be reviewed and approved by Developer which will be incorporated by reference into this Agreement upon execution by the City and Developer. (d) Developer understands and agrees that City makes no representation or promise relating to: (1) the date the Improvements will be constructed by the Contractor and accepted by the City; (2) that the Contractor will complete construction of the Improvements; or (3) the cost of construction. If the City's agreement with Contractor is terminated, or the Contractor is in default under its agreement with the City, the City may offer a substitute contractor to construct or complete construction of the Improvements ("Substitute Contractor"). (e) Developer understands and agrees that construction of public infrastructure can result in unforeseen circumstances that may result in project delays or additional expenses. Developer further understands that subsurface utility engineering ("SUE") shall not be included in the scope of the engineering services provided under this Agreement unless Developer specifically requests that SUE be included and SUE is included in the Engineer's Task Order. Proceeding without SUE may result in delays or additional costs for the Project for which Developer will be responsible. City shall not be liable to Developer for any delays or increased costs to Developer that result from the design and construction of the Project set forth in this Agreement. (f) City will not provide any engineering or construction management service to Developer pursuant to this Agreement. SECTION 2. TERM The term of this Agreement shall begin on the date signed by the City's Assistant City Manager ("Effective Date") and shall expire two years from the Effective Date ("Initial Term"), unless terminated earlier in accordance with the provisions of this Agreement. This Agreement may be extended by parties by the execution of a written amendment. SECTION 3. COMPENSATION (a) Developer shall pay all costs of the Engineer and the Contractor, and any Substitute Engineer or Substitute Contractor, for the design and construction of the Improvements. City shall collect the fees from Developer and remit them to the Engineer and the Contractor. City shall not pay for any of the engineering costs, construction costs, or any other costs associated with contraction of the Improvements. The fees charged by Contractor shall not be on a lump sum or fixed fee basis. (b) Upon execution of this Agreement by Developer, Developer will pay to the City the estimated engineering fees, including contingency funds, on the attached Level of Effort (LOE) Exhibit "A", the estimated construction costs, including contingency funds, on the attached Opinion of Probable Construction Cost (OPCC) Exhibit "B", and City of Fort Worth Fee Table, Exhibit "C". The amounts paid to the City are based on estimates. Prior to the City allowing Contractor to proceed to construction, the City will provide Developer with a construction Task Order that includes a projected construction cost with contingency based on the final engineering plans ("Projected SMALL-SCALE INFRASTRUCTURE PROGRAM AGREEMENT Page 2 of 12 Rev. 3/26 Construction Cost"). If the estimated construction costs paid by the Developer are less than Projected Construction Cost, Developer shall pay the difference to the City upon request from the City. City will not allow the Contractor to proceed to construction until any additional costs owed to the City are paid by Developer. (c) If during the design or construction of the Improvements, the estimated fees paid by Developer are insufficient to pay for the engineering or construction costs incurred on the Project, Developer must pay the shortage to the City before the design or construction may continue. (d) Upon completion of the construction of the Improvements, the City will reconcile the actual engineering costs and construction costs for the Improvements with the estimated engineering costs and construction costs paid by Developer. If the actual engineering and construction costs are more than the estimated payments made by the Developer, the Developer must pay the difference to the City before the Improvements will be accepted by the City. If the actual engineering costs and construction costs are less than the estimated payments made by the Developer, the City will refund the difference to the Developer. The City shall not issue a certificate of occupancy or final inspection for any building relating to the Improvements or final plat for the Project until all fees owed to the City have been paid by Developer. SECTION 4. TERMINATION If Developer terminates this Agreement before construction of the Improvements is completed and accepted by the City, Developer agrees to vacate any final plats that have been filed with the county where the Project is located, and City may suspend, refuse to issue, or refuse to final all building permits, trade permits, and other permits that are associated with any buildings or other on -site improvements being constructed as part of Developer's project. If Developer terminates this Agreement before construction of the Improvements is completed and accepted by the City, Developer must execute a community facilities agreement with the City to construct the Improvements. SECTION 5. CONNECTION OF PUBLIC AND PRIVATE INFRASTRUCTURE 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. Developer will not allow Developer's contractors to connect private infrastructure to paving and drainage constructed pursuant to this Agreement, if any, until said paving and drainage have been completed to the satisfaction of the City. SECTION 6. UTILITIES Developer shall be responsible for identifying, locating, and causing or paying for the installation or adjustment of all utilities required to: (1) serve the Project; and (2) to construct the Improvements required herein. City shall not be responsible for payment of any costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with any of the Improvements to be constructed pursuant to this Agreement. SECTION 7. CERTIFICATES OF APPROPRIATENESS SMALL-SCALE INFRASTRUCTURE PROGRAM AGREEMENT Page 3 of 12 Rev. 3/26 Developer shall be responsible for obtaining all Certificates of Appropriateness ("COA") for the Project, if a COA is required for the Project. The City cannot allow the construction of the Improvements to begin before all required COAs are obtained by Developer. If Developer chooses to proceed with the design of the Improvements without a COA issued by the City, Developer understands that delays may occur and the Engineer may be required to redesign the Improvements, which will be at Developer's sole cost and expense. SECTION 8. EASEMENTS AND RIGHTS -OF -WAY Developer agrees to provide, at its expense, all necessary rights -of -way and easements required for the construction and dedication to the City of the Improvements provided for by this Agreement. Developer shall assist City, Engineer and Contractor, and pay all costs for obtaining rights of entry or temporary construction easements necessary to construct the Project. SECTION 9. LIABILITY AND INDEMNIFICATION (a) DEVELOPER HEREBY RELEASES AND AGREES TO INDEMNIFY, DEFEND AND HOLD THE CITY HARMLESS FOR ANY INADEQUACIES IN THE ENGINEERING PLANS AND SPECIFICATIONS. (b) THE DEVELOPER COVENANTS AND AGREES TO, AND BY THESE PRESENTS DOES HEREBY FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM ALL SUITS, ACTIONS OR CLAIMS OF ANYCHARACTER, WHETHERREAL ORASSERTED, BROUGHTFOR OR ONACCOUNT OFANYINJURIES OR DAMAGES SUSTAINED BYANYPERSONS, INCLUDING DEATH, OR ANY LOST PROFITS SUFFERED BY DEVELOPER, OR DAMAGE TO ANY PROPERTY, RESULTING FROM OR IN CONNECTION WITH THE CONSTRUCTION, DESIGN, PERFORMANCE OR COMPLETION OF THE IMPROVEMENTS, OR ON ACCOUNT OFANYACT, INTENTIONAL OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS CONTRACTORS, SUB -CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, WHETHER OR NOT SUCHINJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR INPART, BYTHEALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS, SERVANTS, OR EMPLOYEES. SECTION 10. NOTICES All notices required or permitted under this Agreement may be 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: SMALL-SCALE INFRASTRUCTURE PROGRAM AGREEMENT Page 4 of 12 Rev. 3/26 CITY: City of Fort Worth Development Services Department Attn: Small -Scale Infrastructure Program 100 Fort Worth Trail Fort Worth, Texas 76102 With copies to: City Attorney's Office City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 and City Manager's Office City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 DEVELOPER: Tarrant County Coalition for Peace and Justice Fred A. Rouse III 4455 Camp Bowie Blvd, #114-224 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. SECTION 11. RIGHT TO AUDIT Developer agrees that, until the expiration of three (3) years after acceptance by the City of the Improvements 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. The City shall give Developer reasonable advance notice of intended audits. SECTION 12. 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 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 respondent superior shall not apply as between the City and its officers, representatives, agents, servants and SMALL-SCALE INFRASTRUCTURE PROGRAM AGREEMENT Page 5 of 12 Rev. 3/26 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. SECTION 13. 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. SECTION 14. 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. SECTION 15. 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. SECTION 16. 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. SECTION 17. 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. SECTION 18. REVIEW OF COUNSEL SMALL-SCALE INFRASTRUCTURE PROGRAM AGREEMENT Page 6 of 12 Rev. 3/26 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. SECTION 19. 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 terms "boycott Israel" and "company" has the meanings ascribed to those terms by Chapter 2271 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. SECTION 20. PROHIBITION ON BOYCOTTING ENERGY COMPANIES Developer acknowledges that in accordance with Chapter 2276 of the Texas Government Code the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. To the extent that Chapter 2276 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 energy companies; and (2) will not boycott energy companies during the term of this Agreement. SECTION 21. PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES Developer acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. To the extent that Chapter 2274 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 have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. SECTION 22. SMALL-SCALE INFRASTRUCTURE PROGRAM AGREEMENT Page 7 of 12 Rev. 3/26 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. SECTION 23. 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. SECTION 24. 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. SECTION 25. 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. SECTION 26. 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. SECTION 27. COUNTERPARTS This Agreement may be executed in multiple counterparts, each of which will be deemed an original, but which together will constitute one instrument. SECTION 28. 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. SMALL-SCALE INFRASTRUCTURE PROGRAM AGREEMENT Page 8 of 12 Rev. 3/26 [REMAINDER OF PAGE INTENTIONALLY BLANK] 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 Tarrant County Coalition for Peace and Justice opv Frederick lVouse (Apr 30, 2026 11:32:53 CDT) Jesica L. McEachern Fred A. Rouse III Assistant City Manager 04/30/2026 Date: 05/07/2026 Date: Recommended by: Dalton Harrell (May 4, 2026 14:22:30 CDT) D.J. Harrell Director Development Services Department Approved as to Form & Legality: ZL�_r� Stephen Hines (Apr 37, 2026 14:24:36 CDT) Stephen M. Hines Senior Assistant City Attorney M&C No. N/A Form 1295: N/A odoavnIIb a FORT��� ATTEST: per° 09,,°, o=d A -u O�Q*oo oo.#p C`R' QaCb TEXA5o4 `/ bRnaaa� Jannette S. Goodall City Secretary 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. ChristiA Harper (Apr 30, 2026 12:00:52 CDT) Christian Harper Contract Services Administrator Development Services Department OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX SMALL-SCALE INFRASTRUCTURE PROGRAM AGREEMENT Page 9 of 12 Rev. 3/26 |���■n■�� LEVEL OF EFFORT (LQE ).... §°a KIS j� 2 )2�-a ) §�§� �CL ��k'E § ca S /§ \ �kk§(( \kj\ \� kk- .9■Bwe maee mw a8. i; aaBBa saa as aR )° i , Al . 7 � )2 \ Pi'll, � ■ \�� � «§ `. � a e� .9 . i �f �2 a ;Ka £! INFRASTRUCTURE PROGRAM AGREEMENT Page m of 2 Rev. 32z6 EXHIBIT `B" OPINION OF PROBABLE CONSTRUCTION COST (OPCC) Qa 3 '3 E O 2 a ,1 4 J r 7 F. GL gy %A g W e 0 h t r� Qf a t u1 r'r ai vA ur N .� n :n sn u5 a1 ,n w wl w! WII a4 w4 SMALL-SCALE INFRASTRUCTURE PROGRAM AGREEMENT Page 11 of 12 Rev. 3/26 EXHIBIT "C" CITY OF FORT WORTH FEE TABLE FORT WORTH. Development J I services Small -Scale Infrastructure Program Proposal for SSIP-2"034, CPN 106947 - The Mu Fred Rouse Memorial Project Item Fee Notes Engineering Subtotal $ 7,040.00 Includes 10%contingency Construction Subtotal $ 42,627.75 Includes 10% contingency CPN 102780-1 Change Order $ 11,800.00 Paving items through Water CIP Project Management Fee $ 1,500.00 Plan Review Fee $ 435.37 Lighting sheet Administrative Material Testing Fee $ - NIA Water Testing Lab Fee 5 - NIA Inspection Total $ - NIA Total Due $ 63,403.12 Engineering Contingency $ 640.00 Construction Contingency $ 3,875.25 SMALL-SCALE INFRASTRUCTURE PROGRAM AGREEMENT Page 12 of 12 Rev. 3/26 FORT WORTH. I City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Tarrant County Coalition for Peace and Justice (Developer) Subject of the Agreement: Developer is developing property within the City for a project located at 1000 NE 12TH ST, Fort Worth, TX 76102 and generally known as Mr. Fred Rouse Memorial ("Project") and Developer desires to use the SSIP Program for the Project. This SMALL-SCALE INFRASRUCTURE PROGRAM 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 and Tarrant County Coalition for Peace and Justice ("Developer"). M&C Approved by the Council? * Yes ❑ No 0 If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 0 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes 0 No ❑ If unsure, see backpage for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 0 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: Expiration Date: If different from the approval date. If applicable. Is a 1295 Form required? * Yes ❑ No 21 *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. 106847 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 0 No ❑ Contracts need to be routed for CSO processing in the followingorder: rder: 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.