HomeMy WebLinkAboutContract 39623COMMUNITY FACILITIES AGREEMENT
THE.STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.
WHEREAS, Tarrant County, hereinafter called "Developer", desires to make
certain improvements to the Proposed Tarrant County Jail Facility located at
Belknap between Cherry Street and Burnett Street in the City of Fort Worth, Texas;
and
WHEREAS, the said Developer has requested the City of Fort Worth, a municipal
corporation of Tarrant, Wise, and Denton Counties, Texas, hereinafter called "City", to
do certain work in connection with said improvements.
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
That said Developer, acting herein by and through Honorable B. Glen Whitley
with Tarrant County and the City, acting herein by and through Fernando Costa, its duly
authorized Assistant City Manager, for and in consideration of the covenants and
conditions contained herein, do hereby agree as follows:
I. General Requirements
A. The Policy for the Installation of Community Facilities ("Policy") dated March
2001, approved by the City Council of the City of Fort Worth and subsequently
amended from time to time via a Mayor and Council Communication adopted by
the City Council of the City of Fort Worth, is hereby incorporated into this
Community Facilities Agreement ("CFA") as if copied herein verbatim.
Developer agrees to comply with all provisions of said Policy in the performance
of its duties and obligations hereunder and to cause all contractors hired by
Developer to comply with the Policy in connection with the work performed by
said contractors.
B. Developer shall provide financial security in conformance with paragraph 6,
Section II, of the Policy and recognizes that there shall be no reduction in the
collateral until the Project has been completed and the City has officially
accepted the infrastructure. Developer further acknowledges that said process
requires the contractor to submit an Affidavit of Bills paid signed b its
contractor and Consent of Surety signed by its surety to ensure rlliovat
Proposed
"Tarrant County Jail
Page 1 of 10
CITY SECRETARY
FT.1AtORTH, TX
has paid the sub -contractor and suppliers in full. Additionally, the contractor
will provide in writing that the contractor has been paid in full for all the
services provided under this contract.
C. Developer agrees to cause the construction of the improvements contemplated
by this Agreement and that said construction shall be completed in a good and
workmanlike manner and in accordance with all City standards and the City -
approved construction plans, specifications and cost estimates provided for the
Project and the exhibits attached hereto.
D. The following checked exhibits are made a part hereof: Water and Sewer (A)
E. The Developer shall award all contracts for the construction of community
facilities in accordance with Section II, paragraph 7 of the Policy and the
contracts for the construction of the public infrastructure shall be administered in
conformance with paragraph 8, Section II, of the Policy.
F. For all infrastructure included in this Agreement for which the Developer awards
construction contract(s), Developer agrees to the following:
a. To employ a construction contractor who is approved by the
director of the department having jurisdiction over the
infrastructure to be constructed, said contractor to meet City's
requirements for being insured, licensed and bonded to do work
in public streets and/or prequalified to perform water/waste
water construction as the case may be.
b. To require its contractor to furnish to the City a payment and
performance bond in the names of the City and the Developer for
one hundred percent (1 OOn/o) of the contract price of the
infrastructure, and a maintenance bond in the name of the City
for one hundred percent (100%) of the contract price of the
infrastructure for a period of two (2) years insuring the
maintenance and repair of the constructed infrastructure during
the term of the maintenance bond. All bonds to be furnished
before work is commenced and to meet the requirements of
Proposed Tarrant County Jail
Page 2 of t0
Chapter 2253, Texas Government Code.
c. To require the contractor(s) it hires to perform the construction
work contemplated herein to provide insurance equal to or in
excess of the amounts required by the City's standard
specifications and contract documents for developer -awarded
infrastructure construction contracts. The City shall be named
as additional insured on all insurance required by said documents
and same will be evidenced on the ACORD Certificate of
Insurance supplied by the contractor's insurance provider and
bound in the construction contract book.
d. To require its contractor to give 48 hours notice to the City's
Construction Services Division of intent to commence
construction so that City inspection personnel will be available;
and to require the contractor to allow the construction to be
subject to inspection at any and all times by City inspection
forces, and not to install or relocate any sanitary sewer, storm
drain, or water pipe unless a responsible City inspector is present
and gives his consent to proceed, and to make such laboratory
tests of materials being used as may be required by the City.
e. To require its contractor to have frilly executed contract
documents submitted to the City to schedule aPre-Construction
Meeting. The submittal should occur no less than 10 working
days prior to the desired date of the meeting. No construction
will commence without a City -issued Notice to Proceed to the
Developer's contractor.
f. To delay connections of buildings to service lines of sewer and
water mains constructed under this Agreement until said sewer
and water mains and service lines have been completed to the
satisfaction of the Water Department.
G. Developer agrees to provide, at its expense, all engineering drawings and
documents necessary to construct the improvements required by this Agreement.
Proposed'I'arrantCounty Jail
Page 3 of l0
H. Developer shall cause the installation or adjustment of the required utilities to
serve the development or to construct the improvements required herein.
I. City shall not be responsible for 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
community facilities to be installed hereunder.
J. Developer hereby releases and agrees to indemnify, defend and hold the City
harmless for any inadequacies in the preliminary plans, specifications and cost
estimates supplied by the Developer for this Agreement.
K. Developer agrees to provide, at its expense, all necessary rights of way and
easements across property owned by Developer and required for the construction
of the current and future improvements provided for by this Agreement.
L. The Developer further covenants and agrees to, and by these presents does
hereby, frilly 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 on account of any injuries or damages sustained by any
persons (including death) or to any property, resulting from or in connection
with the construction, design, performance or completion of any work to be
performed by said Developer, his contractors, subcontractors, officers, agents or
employees, or in consequence of any failure to properly safeguard the work, or
on account of any act, intentional or otherwise, neglect or misconduct of said
DEVELOPER, his contractors, sub -contractors, officers, agents or employees,
whether or not such iniuries, death or damages are caused, in whole or in
Part, by the alleged negligence of the City of Fort I✓Vorth, ift officers,
servants, or employees.
M. Developer will further require its contractors to indemnify, defend and hold
harmless the City, its officers, agents and employees 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 in any way connected with, the
construction of the infrastructure contemplated lierein, whether or not such
iniuries, death or damages are caused, in whole or in part, by the
Proposed "rarrantCoturiy Jail
Page 4 of 10
alleged neelluence of rite ON of Fort Worth, its officers, servants, or
etnployees. Further, Developer will require its contractors to indemnify, and
hold harmless the City for any losses, damages, costs or expenses suffered by
the City or caused as a result of said contractor's failure to complete the work
and construct the improvements in a good and workmanlike manner, free from
defects, in conformance with the Policy, and in accordance with all plans and
specifications and shall cause to be executed and delivered to the City an
indemnity agreement from such contractors on a form to be promulgated by the
City.
N. Upon completion of all work associated with the construction of the infi•astructtu•e
and improvements, Developer will assign to the City anon -exclusive right to
enforce the contracts entered into by the Developer with its contractor along with
an assignment of all warranties given by the contractor, whether express or
implied. Further, Developer agrees that all contracts with any contractor shall
include provisions granting to the City the right to enforce such contracts as an
express intended third party beneficiary of such contracts.
O. Inspection and material testing fees are required as follows:
a. Developer shall pay in cash water and wastewater inspection
fees and material testing fees equal to two percent (2%) for a
total of 4% of the developer's share of the total construction cost
as stated in the construction contract.
b. Developer shall pay in cash paving and storm drain inspection
fees equal to four percent (4%) and material testing Fees equal to
two percent (2%) for a total of 6% of the developer's share of the
total construction cost as stated in the construction contract.
c. Developer shall pay in cash the total cost of streetlights or if the
city is not installing the streetlights, inspection fees equal to four
percent (4%) of the developer's share of the streetlight
construction cost as stated in the construction contract.
d. Developer shall pay in cash the total cost of street signs.
Proposed l'arrrnt County Jail
Page 5 of }0
P. COMPLETION WITHIN 2 YEARS
a. The City's obligation to participate (exclusive of front foot
charges) in the cost of the community facilities shall terminate if
the facilities are not completed within two (2) years; provided,
however, if construction of the community facilities has started
within the two year period, the developer may request that the
CFA be extended for one year. If the community facilities are not
completed within such extension period, there will be no further
obligation of the City to participate. City participation in a CFA
shall be subject to the availability of City funds and approval by
the Fort Worth City Council.
b. Nothing contained herein is intended to limit the
Developer's obligations under the Policy, this Agreement, its
financial guarantee, its agreement with its contractor or
other related agreements.
c. The City may utilize the Developer's financial guarantee
submitted for this Agreement to cause the completion of the
construction of the community facilities if at the end of two (2)
years from the date of this Agreement the community facilities
have not been completed and accepted.
d. The City may utilize the Developer's financial guarantee to
cause the completion of the construction of the community
facilities or to cause the payment of costs for construction of same
before the expiration of two (2) years if the Developer breaches
this Agreement, becomes insolvent or fails to pay costs of
construction and the financial guarantee is not a Completion
Agreement. If the financial guarantee is a Completion Agreement
and the Developer's contractors and/or suppliers are not paid for
the costs of supplies and/or construction, the contractors and/or
suppliers may put a lien upon the property which is the subject of
the Completion Agreement.
Proposed "rarrantCounty Jail
Page 6 of t0
II. Water and Sewer Facilities
A. Developer shall install a 12-inch water line and related pavement repair in
Weatherford Street from east ROW line of Cherry Street to Florence
Street's water main; cut and plug the existing 84nch water main in Burnett
after the tee of the most northern existing water service, and any proposed
domestic, irrigation and fire line services for the new jail facility. The
improvement is shown on Exhibit A. The estimated cost of which is
$243,050.00. Additionally, the developer agrees to pay for any remaining
engineering and survey cost related to the water and sewer improvement.
The City agrees to pay for $8,000 of engineering and survey cost and
items listed below. The City also agrees to record the location of each
said service line in respect to the corner of the lot served, and to retain said
records in its possession. The Developer and the City shall share in the
cost of the water improvements as follows:
WATER FACILITIES:
Estimated
Develo r Cost
Estimated City
Cost
Estimated Total
Cost
Mains within Development
$
1069710.00
$
87,730.00
$
194,440.00
25% Contingency
$
26 677.50
$
21 932.50
$
48 610.00
Sub -Total Water
Construction
$
1333387950
$ 10%662.50
$
243,050.00
Engineering/Survey
�T�sI55,887.501
$
22 500.00
$
8 000.00
$
30 500.00
Sub -Total Water
$ 117,662.501
$
273 550.00
*To be dedicated by the developer
The costs stated herein may be based upon engineer's construction
estimates rather than actual cost. The final cost to Developer and City
shall be based upon public bid unit prices:
WATER COST SHARE (The City pays for 12-inch water pipe in Weatherford
Street from east ROW line of Cherry Street to Florence water connection point.)
12" water pipe ($280/t_F)
Proposed'rarrantCounry Jail
Page 7 of l0
8" water pipe ($60/LF)
100 L.F. x $60 = $ 6,000.00
6" water pipe ($50/LF)
15 L.F. x $50 = $ 750.00
Trench Safety ($1)
280 L.F. x $1 = $ 280.00
Fittings ($5,000/TN)
1.5 TN x $5,000 = $ 7,500.00
12" Gate valve ($1,500/EA)
1 EA x $1,500 = $ 11500400
8" Gate valve ($11000/EA)
2 EA x $1, 000 = $ 2,000.00
6" Gate valve ($800/EA)
1 EA x $800 = $ 800.00
Fire Hydrant Removal ($500/EA)
1 EA x $500 = $ 500.00
Fire Hydrant (New) ($2,500/EA)
1 EA x $2,500 = $ 2,500.00
Pavement-2 Inch Min. HMAC on 2/27 Concrete Base ($75/L.F.)
390 L.F. x $75 = $ 29,250.00
Curb & Gutter (Match Existing) ($30/LF)
5 L.F. x $30 = $ 150.00
Walk (Match Existing) ($10/SF)
50 SF. x $10 = $ 500.00
Dehole 5 to 10 ft Depth ($1,500/EA)
1 EA x $1,500 = $ 1,500.00
Storm Water Pollution Prevention Plan ($3,000 LS)
0.5 x $3,000 = $ 1,500600
Traffic Control ($10,000 LS)
0.5 x $10, 000 = $ 5,000.00
$ 87,730,00
B. Developer shall install new sewer connection to the sanitary main in
Belknap; and in -situ lining the existing 8-inch sewer main in Burnett from
Belknap manhole to a manhole located at the mid -block of Burnett Street between
Belknap and Weatherford as shown on Exhibit A-L The estimated cost of which
is $20,745.00. The City agrees to record the location of each said service line in
respect to the corner of the lot served, and to retain said records in its possession.
Portion of the sewer improvement is related to a proposed sky bridge/tunnel
encroachment. The developer agrees to design the suspended underground tunnel
to span between pier foundations over the existing 14-inch sewer main in Burnett
Proposed Tarrant County Jail
Page 8 of l0
Street to achieve no load onto the existing sewer main. The Developer's cost for
the sewer improvements is as follows:
SANITARY SEWER FACILITIES:
Estimated
Developer Cost
Estimated City
Cost
Estimated Total
Cost
Mains within Development
16,380.00
-
16,380.00
25% Contingency
4095600
-
4 095.00
Sub -Total Sewer 1
205475.001
20 475.00
*To be dedicated by the developer.
The costs stated herein may be based upon construction estimates rather
than actual cost. The final cost to Developer shall be based upon public
bid unit prices.
TOTAL WATER AND SANITARY SEWER FACILITIES:
Estimated
Developer Cost
Estimated City
Cost
Estimated Total
Cost
Sub -Total Water Construction
$
133,387.50
$
10%662.50
$
2433050.00
Sub -Total Sewer Construction
$
20 475.00
$
-
$
20 475.00
Sub -Total Water and Sewer
Construction
$
1535862050
$
10%,662.50
$
263,525.00
En ineerin Suave
$
22 500.00
$
8
000.00
$
30 500.00
Sub -Total Water and Sewer
Engineering and Constriction
Construction Materials Testing
$
$
1765362.50
3 077.25
$
$
1175662050
2
193.25
$
$
2943025600
55270050
Construction Inspection
$
3 077.25
$
25193825
$
5270850
Total
$
182 517.00
$ 122
049.00
$
304 566.00
Proposed Tarrant County Jait
Page 9 of 10
IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be
executed in quadruplicate in its name and on its behalf by its Assistant City Manager,
attested by its City Secretary, with the corporate seal of the City affixed, and said Developer
has executed this instrument in quadruplicate, at Fort Worth, Texas this the ay of
2009.
Approval Recommended:
Water Department
:L4"44 )
S. Frank Crumb
Director
ATTEST:
z
ka%
City SecretaryMarty Hendrix Q`
Anaroved as to Form:
Attorney
ATTEST:
Corporate Secretary
Ca�tract puthoxiza�io>s�
Date
City Of Fort Worth
Assistant City Manager
Fernando Costa
DEVELOPER:
By:
Tarrant County
Honorable B. Glen Wl
Tarrant County Judge
OFFICIAL RECORD
CITY SECRETARY
Proposed Tarrant County Jail FT. WORTH, TX
Page 10 of 10
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Exhibit .�
*APPROVED AS TO kORM:
By:
arrant
's Office
By law, the District Attorneys Office may only advise or approve contracts or legal documents on behalf of its
clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this
document was conducted solely from the legal perspective of our client. Our approval of this document was offered
solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and
approval by their own respective attorney(s).
ZCL; xeview
Page 1 of 2
Official site of the City of Fort Worth, Texas
DATE: 1 1 • • •
•
CODE: C -I-ypE; NON- PUBLIC NO
CONSENT HEARING.
SUBJECT: Authorize a Community Facilities Agreement with Tarrant County with City Participation in
the Amount of $122,049.00 for Water and Sewer Improvements to the Proposed Tarrant
County Jail Facility Located at Belknap Street between Cherry Street and Burnett Street
It is recommended that the City Council authorize the City Manager to execute a Community Facilities
Agreement with Tarrant County with City participation in the amount of $122,049.00 for water and
sewer improvements to serve the proposed Tarrant County Jail Facility located in Downtown Fort
Worth.
i1SCUSSION:
The 12 inch water main improvement on Weatherford Street and the sewer improvement on Burnett
Street will benefit both Tarrant County (the County} facilities and the City of Fort Worth. A portion of the
sewer improvement is related to a proposed sky bridge/tunnel encroachment. The County agrees to
Design the suspended underground tunnel to span between pier foundations over the existing 14 inch
sewer main in Burnett Street to achieve no load onto the existing sewer main. The County will design,
bid and construct the water and sewer improvements according to City's design criteria and standards.
The City and the County will participate in the cost of construction as follows.
The County's water improvement cost consists of a 12 inch water main improvement and pavement
epair on Weatherford Street from the eas# right-of-way line of Cherry Street to Burnett Street, cut and
)lug the existing eight inch water main in Burnett Street after the tee of the most northern existing water
service and install any proposed domestic, irrigation and fire line services for the new jail facility. Any
emaining engineering and survey cost related to the water and sewer improvement will be paid by the
county.
the County's sewer improvement cost consists of new sewer connection to the sewer main in Belknap
street and in -situ lining the existing eight inch sewer main in Burnett Street from the Belknap Street
nanhoie to a, manhole located at the mid -block of Burnett Street between Belknap Street and
Neatherford Street.
additionally, the County will pay to the City the Community Facilities Agreement (CFA) fee, two percent
nspection fee and two percent material test fee on the County's portion of the water and sewer.
mprovements.
('he City will participate in the construction cost for the 12 inch water main and pavement repair on
Nea#herford Street from east right-of-way line of Cheny Street to Florence Street water connection
Joint. The City will also reimburse the County $8,000.00 on the engineering and survey for the 12 inch
vater main and pay for the two percent inspection and two percent material testing cost on City's
►ortion of the water improvement.
�://apps.cfwnet.org/council�acket/mc review.asp?ID=12644&counciIdate=ll/17/2009 11/20/2009
L&u xvview
Estimated Estimated
Developer Cost Cily Cost
Sub -Total Water Construction $133,387050 $109,662.50
Sub -Total Sewer Construction $20*475600 0.00
Sub -Total Water and Sewer $153,862050 $109,662050
Construction
Engineering/Survey $22,500600 82000000
Sub=Totall Water and Sewer
n ine rin $176,362.50 $117,662050
Construction
Construction Materials Testing $3,077.25 $27193.25
Construction Inspection 3 077.25 2 193.25
TOTAL $182,517.00 $1229049000
Estimated
Total Cost
$2431050000
$20,475.00
$263,525.00
$30,500.00
$5,270.50
5 270.50
$3041566.00
Upon Council's approval. City staff will execute a Community Facilities Agreement to include City
participation between the City and the Developer.
This project is located in COUNCIL DISTRICT 9.
�ICAL INFO TION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, of the Water Capital Projects Fund.
TO Fund/AccounUCenters
Additional Information Contact:
IiACHMENTS
►OTARRANT COUNTY JAIL CFA Exhibit.pdf
iailFacilityLocation.pdf
FRAM Fund/Account/Centers
P265 539140 609150142583 $117.662.50
P265 531350 609150142585
P265 531200 609150142584
Fernando Costa (6122)
S. Frank Crumb (8207)
Wendy Chi-Babulal (8242)
2 193.25
2 193.25
r//apps.cfvcmet.org/council�ackedmc review.asp?ID=12644&councildate=ll/17/2009
11/20/2009
1 1 1
11.. �.
December 1, 2009
Wendy Chi-Babula
i
Planning and Development Engineering Manage
i
Fort Worth Water Department
1000 Throckmorton Street
fort Worth, Texas 76102
Reference: Tarrant County Jail Project
Subject: Requested Financia{ Guarantee.lnformation
Dear Ms. Chi-Babula
Pursuant to your request, Tarrant County Facilities Management offers the following information
concerning the financial guarantee of the new Tarrant County Jail project:
Tarrant County voters approved a $233,000,000 Capital Improvement Program in May of 2005 that
included a new Jail Facility, Medical Examiner's Facility Expansion, Juvenile Services Expansion and a
Courts Building. Contained In the Capital Improvement Program is the capital budget for the new Jail
Facility located in downtown Fort Worth. The amount of the capital budget is $108,000,000.
Please let me know if you need any other information concerning the Jail project.) can be reached at:
Office: (817) 8843708
• Email: �ressieyC�tarranteounty.co�r
100 W. WEATHERFORD FORT WORTH, TEXAS 76146 (817) 884-2878
Sincerely;
Tarrant County Facilities Management
f I zwtA
Clarence Pressley
Assistant Director of Facilities Management
Copy: Tarrant County Jail Project Files