HomeMy WebLinkAboutContract 27204 CITY SECRETARY
*ONTRACT NO.
COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.
WHEREAS, National Cowgirl Museum and Hall of Fame, Inc., hereinafter called
"Developer", desires to make certain improvements to the National Cowgirl Museum
and Hall of Fame located on 1700 Gendy Street, Fort Worth, Texas; and
WHEREAS, the Developer has requested the City of Fort Worth, a municipal
corporation of Tarrant 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 Kit Moncrief, its duly
authorized President and the City, acting herein by and through Mike Groomer, its duly
authorized Assistant City Manager, for and in consideration of the covenants and
conditions contained herein, do hereby agree as follows:
CNN OEM
COMMUNITY FACILITIES AGREEMENT
to install
STREET, STORM DRAIN, WATER, SANITARY SEWER, PARKING LOT
IMPROVEMENTS FOR
NATIONAL COWGIRL MUSEUM HALL OF FAME
A. The Developer agrees to contribute the sum of $240,000.00, such sum being
payable directly to Carter and Burgess, Inc. for engineering work related specifically
to the improvements to be constructed under this agreement, for the construction of
water, sanitary sewer, street, storm drainage, parking lots and other community
facilities improvements shown on the attached Exhibits A, A-1, B, and B-1, here-
inafter referred to as the "Public Infrastructure" (including all sums previously paid by
Developer to Carter & Burgess, Inc. for engineering work related specifically to the
Public Infrastructure).
B. It is agreed the Developer will manage the design and construction of the Public
Infrastructure. Developer shall award any professional services contract in
compliance with Chapter 2254, Texas Government Code. It is understood and
agreed that the award of the professional services contract to Carter& Burgess, Inc.,
as contemplated herein, is deemed to be in compliance with Chapter 2254, Texas
Government Code. Developer shall be required to award any construction contracts
hereunder in accordance with the laws of the state of Texas, including but not limited
to Chapter 252, Texas Local Government Code.
C. Attached hereto is the Minimum Wage Rates as established by the City Council of
the City of Fort Worth. Developer shall be responsible for assuring its contractors
pay no less than the attached Minimum Wage Rates for the construction of the
Public Infrastructure.
D. It is agreed that any deviation from the scope of work for the Public Infrastructure
that would result in an increase in the cost of the Public Infrastructure must be
approved in writing by the City of Fort Worth prior to such deviation. Any change
orders that may, be needed that result in an increase in the cost of construction of
the Public Infrastructure will require written approval by the City prior to the change
order work being performed.
E. The M/WBE participation goal for the construction of the Public Infrastructure is 10%
of the construction cost. Developer agrees to require its contractors to meet or to
exceed this participation goal or to demonstrate that a good faith effort was made to
do so. Developer shall work with the City's Minority/Women's Business Enterprise
office during the course of the construction of the Public Infrastructure. Developer
shall also include in its construction contracts for the Public Infrastructure the City
standard forms for M/WBE participation. Any change order that exceeds ten percent
(10%) of the original contract amount requires an M/WBE goal be established for the
additional work included in such change order. The goal established herein does
COMMUNITY FACILITIES AGREEMENT
NATIONAL COWGIRL MUSEUM HALL OF FAME
Page 2 of 8
not apply to the design services contract with Carter & Burgess, Inc., or any other
design, surveying or inspection services.
F. The estimated total cost of the Public Infrastructure and related support services
specified in this agreement, including design, construction and inspection is
estimated to be $3,940,000.00.
In accordance with this Community Facilities Agreement as shown in the Cost
Summary and in accordance with a separate agreement between the Developer and
Carter & Burgess, Inc., the Developer shall be responsible for paying directly to
Carter & Burgess, Inc. a sum not to exceed $240,000.00, for engineering work
related specifically to the design of the Public Infrastructure to be constructed under
this agreement (including all sums previously paid by Developer to Carter &
Burgess, Inc. for engineering work related specifically to the Public Infrastructure)
and the City shall contribute the sum of $3,700,000.00. Upon the execution of this
Community Facilities Agreement, City shall release and return to Developer its
Development Bond Guaranteeing Performance and Payment of Public
Improvements, Bond Number 25-06-32. No additional bonds will be required of
Developer.
Included in City's contribution stated above is the sum of $60,000.00 to be paid to
Developer upon City's acceptance of the plans, specifications and construction
documents produced by Carter & Burgess, Inc., for Developer to pay Carter &
Burgess, Inc. for engineering work related specifically to the design of the Public
Infrastructure to be constructed under this agreement (increasing the total paid to
Carter & Burgess, Inc. to $300,000.00).
G. City personnel shall be responsible for the inspection of the Public Infrastructure as it
is being constructed. The city inspector shall be responsible for the preparation of
all payment documents. City shall also be responsible for making all payments
directly to the construction contractors.
H. In the event any agreement entered into by the Developer related to the .Public
Infrastructure is assigned to the City, the City agrees to (1) expressly assume all
responsibility of Developer under the assigned agreement and (2) to the extent
permitted by law, indemnify, defend and hold harmless Developer (and all of
Developer's affiliated entities and individuals) for, from and against any and all
liabilities, claims, losses, suits, judgments, and expenses arising from the assigned
agreement or the work performed thereunder. Nothing contained herein shall ever
be construed as requiring the City to assess, levy, or collect any tax to fund any
obligation of the City contained in this paragraph. Consent of the City Council of the
City of Fort Worth is required for any assignment contemplated by this paragraph.
I. It is agreed and understood by the parties hereto that the Developer has employed
Carter & Burgess, Inc. for the design and preparation of plans and specifications for
the construction of all current improvements covered by this contract.
COMMUNITY FACILITIES AGREEMENT
NATIONAL COWGIRL MUSEUM HALL OF FAME
Page 3 of 8
J. One (1) reproducible set of as-built record drawings and specifications shall be
furnished to the City of Fort Worth upon completion of the Public Infrastructure.
K. It is further agreed and understood by the parties hereto that upon acceptance by
the City, title to all facilities and improvements mentioned hereinabove shall be
vested at all times in the City of Fort Worth, and Developer hereby relinquishes any
right, title, or interest in and to said facilities or any part thereof.
M. For all Public Infrastructure included in this agreement for which the Developer
awards its own construction contract, Developer agrees to follow the following
procedures:
1. The construction contract must be advertised, bid and awarded in accordance
with State statutes prescribing the requirements for the letting of contracts for the
construction of public work.' This includes advertising in a local newspaper at least
twice in one or more newspapers of general circulation in the county or counties in
which the work is to be performed. The first publication must be on or before the
fifteenth (15th) day before the first date bids may be submitted. The bids shall be
opened by an officer or employee of the City at or in an office of the City.
2. To employ a construction contractor who is approved by the Director of the
Department having jurisdiction over the Public Infrastructure to be constructed, said
contractor to meet City's requirements for being insured, licensed and bonded to do
work in public streets.
3. To require the contractor to furnish to the City a payment and performance bond
in the names of the City and the Developer and a maintenance bond in the name of
the City and the Developer for one hundred percent (100%) of the contract price of
the Public Infrastructure, said bonds to be furnished before work is commenced and
to meet the requirements of Chapter 2253, Texas Government Code. The surety
company on all bonds shall be reasonably acceptable to the City.
4. Developer further shall require the contractor to provide public liability insurance
equal to or in excess of the amounts required by the City's specifications covering
that particular work.
5. Developer shall give 48 hours notice to the City's Department of Engineering,
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 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.
COMMUNITY FACILITIES AGREEMENT
NATIONAL COWGIRL MUSEUM HALL OF FAME
Page 4 of 8
6. To delay connections of buildings to service lines of sewer and water mains
constructed under this contract until said sewer and water mains and service lines
have been completed to the satisfaction of the Water Department.
N. During the course of construction,.Developer further covenants and agrees to, and
by these presents.does hereby fully indemnify, hold harmless and defend the City,
its officers, agents, and employees from and against any and all claims, suits or
causes of action, of any nature whatsoever, brought for, or on account of any injuries
or damages to persons or property, including death, on account of any negligent act
or intentional misconduct of Developer.
O. Developer will further require its contractors (not including Carter & Burgess, Inc.) to
indemnify, hold harmless and defend 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 Public Infrastructure, whether or not
caused, in whole or in part, by the negligence of officers, agents, employees,
licensees, or invitees of the City.
P. Developer covenants and agrees that it discriminates against no individual involving
employment as prohibited by the terms of Ordinance No. 7278 (as amended by
Ordinance No. 7400), an ordinance prohibiting discrimination in employment practice
because of race, creed, color, religion, national origin (except for illegal aliens), sex
or age, unless sex or age is a bonafide occupational qualification, and that any
subcontractor or employment agency, either furnishing or referring applicants to
Developer, and any agent of Developer, will also be prohibited from discriminating
against any individual involving employment as prohibited by the terms of such
Ordinance No. 7278 (as amended by Ordinance No. 7400).
Q. The plans, specifications and construction documents for the Public Infrastructure
produced pursuant to the separate agreement between Developer and Carter &
Burgess, Inc. are subject to the written approval of the City. Approval by the City
shall not constitute or be deemed to be a release of the responsibility and liability of
Carter & Burgess, Inc., its subconsultants and agents. Such approval shall not be
deemed to be an assumption of such responsibility and liability by the City for any
defect in the designs, specifications and contract documents prepared by Carter &
Burgess, Inc., its subconsultants and agents, it being the intent of the parties that
approval by the City signifies the City's approval on only the general design concept
of the improvements to be constructed. In this connection, the Developer will
include in its contract with Carter & Burgess, Inc. a requirement that Carter &
Burgess, Inc. will, for a period of five (5) years after the acceptance by the City of the
completed construction project indemnify and hold the City and all of its officers,
agents, servants and employees harmless from any loss, damage, liability or
expense, on account of damage to property and injuries, including death, to all
persons which may arise out of any defect, deficiency or negligence of the
COMMUNITY FACILITIES AGREEMENT
NATIONAL COWGIRL MUSEUM HALL OF FAME
Page 5 of 8
engineer's designs and specifications incorporated into any improvements
constructed in accordance therewith, and further require Carter & Burgess, Inc. to
defend at its own expense any suits or other proceedings brought against the City
and its officers, agents, servants and employees, or any of them on account thereof,
to pay all expenses and satisfy all judgments which may be incurred by or rendered
against them or any of them in connection therewith.
R. Venue of any action brought hereunder shall be in Fort. Worth, Tarrant County,
Texas.
S. The City's Policy for the Installation of Community Facilities, as adopted by the City
Council on March 20, 2001, is hereby incorporated herein by reference, and
Developer covenants and agrees to comply with sa.id Policy as a condition of this
contract.
T. The following descriptions of work apply, as appropriate, to the areas included in the
Community Facilities Agreement:
1. WATER
Water improvements as shown in Exhibit A will be in accordance with
plans and specifications prepared by the Developer's engineer and
approved by the Director of the Water Department.
2. SANITARY SEWER
Sanitary sewer improvements as shown in Exhibit A-1 will be in
accordance with plans and specifications prepared by the Developer's
engineer and approved by the Director of the Water Department.
3. STREETS AND PARKING LOT IMPROVEMENTS
Street improvements and parking lot improvements as shown in Exhibit B
will be in accordance with plans and specifications prepared by the
Developer's engineer and approved by the Director of Transportation and
Public Works.
4. STORM DRAINAGE
Storm drain improvements as shown in Exhibit B-1 will be in accordance
with plans and specifications prepared by the Developer's engineer and
approved by the Director of Transportation and Public Works.
COMMUNITY FACILITIES AGREEMENT
NATIONAL COWGIRL MUSEUM HALL OF FAME
Page 6 of 8
5. OTHER WORKS
In the event that other work is required it will be included as a specific
requirement to this Community Facilities Agreement.
6. COST SUMMARY.
Item Developer Cost City Cost Total Cost
Improvements
Water $ 105,770
Sanitary Sewer 121,550
Storm Drainage 940,100
Street 1,105,775
Amon Carter Parking Lot 460,000
Cowgirl Parking 312,400
Utility Adjustments 75,000
Total Construction Cost $3,120,595
Construction Services
Inspection & Testing (8%) 249,648
Engineering & Survey 300,000
Contingencies 269,757
Total Construction Services $ 819,405
Total Project Cost $240,000 $3,700,000 $3,940.00
The above is based upon the following project scope:
• Reconstruction of Gendy Street from Lancaster Avenue to Harley Avenue to a
4 lane divided roadway.
• Construction of necessary storm drain improvements and tie-in into existing
storm drain system in Harley Avenue.
• Construct necessary water and sewer improvements.
• Reconstruction of Amon Carter Exhibit Hall Parking.
• Reconstruction of National Cowgirl Museum and Hall of Fame Parking Lot.
U. In the event the lowest bid received for the construction of the Public
Infrastructure exceeds $3,120,595, no award of contract shall be made until the
City gives specific authority. Further, in such event, Developer shall not be
required to proceed with the construction of the Public Infrastructure.
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 City Manager, attested by
its City Secretary, with the corporate seal of the City affixed, and said Developer has
COMMUNITY FACILITIES AGREEMENT
NATIONAL COWGIRL MUSEUM HALL OF FAME
Page 7 of 8
executed this instrument in. quadruplicate, at Fort Worth, Texas this the 117 day of
APPROVED AS TO FORM AND RECOMMENDED:
LEGALITY:
Assistant City Attorney Hugo anga, P.E.
Director, Transportation and
Public Works Department
ATTEST: CITY OF FO W�TH, TEXAS
By:
Glori# Pearson Uke Groomer
City Secretary Assistant City Manager
DEVELOPER:
ATTEST: NATIONAL COWGIRL MUSEUM AND
HALL OF FAME, INC., a Texas non-
profit corporation
By:
Kit Moncrief, esident
goo
Contract Authorization
Date
ORCNQL G�ECC�G°�D
COMMUNITY FACILITIES AGREEMENT
CNN C����
'�URUd
NATIONAL COWGIRL MUSEUM HALL OF FAME
Page 8 of 8
CITY OF FORT WORTH
HIGHWAY CONSTRUCTION
PREVAILING WAGE RATE FOR 2000
CLASSIFICATION HOURLY RATE
Asphalt Raker $10.32
Asphalt Shoveler $9.75
Batching Plant Weigher $9.65
Carpenter(Rough) $13.64
Concrete Finisher-Paving $10.16
Concrete Finisher Helper(Paving) $9.70
Concrete Finisher-Structures $13.44
Flagger $7.00
Form Builder-Structures $13.44
Form Setter-Paving & Curbs $10.25
Form Setter-Structures $9.75
Laborer-Common $7.64
Laborer-Utility $8.64
Mechanic $13.25
Servicer $10.13
Pipe Layer $7.35
Pipe Layer Helper $6.75
Asphalt Distributor Operator $11.45
Asphalt Paving Machine Operator $11.09
Concrete Paving Saw $10.53
Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel (< 1 1/2 CY) $10.00
Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel (> 1 1/2 CY) $11.52
Front End Loader(2 1/2 CY &less) $9.94
Front End Loader(over 2 1/2 CY) $9.32
Milling Machine Operator $8.00
Mixer $11.00
Motor Grader Operator(Fine Grade) $12.31
Motor Grader Operator $13.75
Pavement Marking Machine $11.00
Roller, Steel Wheel Plant-Mix Pavements $9.88
Roller, Steel Wheel Other Flatwheel or Tamping $12.12
Roller, Pneumatic, Self-Propelled Scraper $8.02
Traveling Mixer $10.00
Reinforcing Steel Setter(Paving) $9.75
Truck Driver-Single Axle (Light) $8.00
Truck Driver-Tandem Axle Semi-Trailer $10.22
Truck Driver-Lowboy/Float $10.54
Truck Driver-Transit Mix $10.63
Truck Driver-Winch $9.80
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City of Fort Worth, Texas
"agoir anti Council Communication
DATE REFERENCE
NUMBER LOG NAME E
10/16/01 C-181 2000WGIRL 1 of 2
17 i
SUBJECT COMMUNITY FACILITIES AGREEMENT WITH THE NATIONAL COWGIRL MUSEUM
AND HALL OF FAME, INC. FOR THE INSTALLATION OF COMMUNITY FACILITIES
FOR THE NATIONAL COWGIRL MUSEUM AND HALL OF FAME LOCATED AT 1700
GENDY STREET
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Community Facilities
Agreement with the National Cowgirl Museum and Hall of Fame, Inc. for the installation of community
facilities for certain improvements to the National Cowgirl Museum and Hall of Fame located at 1700
Gendy Street.
DISCUSSION:
On September 11, 2001 (M&C G-13372), the City.Council approved the appropriation of proceeds from
the sale of $3,700,000 Combination Tax and Revenue Certificates of Obligation, Series 2001 B to be
used for infrastructure related to the opening of the National Cowgirl Museum and Hall of Fame
(Museum).
National Cowgirl Museum and Hall of Fame, Inc. the developer of the National Cowgirl Museum and
Hall of Fame has executed a proposed contract for community facilities to make certain improvements
to serve the Museum. The Museum is located at 1700 Gendy Street on the southwest corner of
Burnett-Tandy Drive and Gendy Street (see attached map).
Under the terms of this agreement, the developer will prepare the contract for the design, subject to the
City's review and approval. The developer will also competitively bid and award the construction
contract and the City of Fort Worth will do the inspection of the project during construction.
This development is located in COUNCIL DISTRICT 7.
This project would include the following improvements:
® Reconstruction of Gendy Street from Lancaster Avenue to Harley Avenue to a 4-lane divided
roadway; and
® Construction of a necessary storm drain system and tie-in into the existing storm system in
Harley Avenue; and
® Construction of necessary water and sanitary sewer improvements; and
• Reconstruction of the Amon Carter Exhibit Hall parking lot; and
• Reconstruction of the National Cowgirl Museum and Hall of Fame parking lot.
City of Fort Worth, Texas
qVIIIJor and t'4opuncit Communication
DATE REFERENCE PAGE
NUMBER LOG NAME
C.1 8807
10/16/01 0 2000WGIRL 2 of 2
SUBJECT COMMUNITY FACILITIES AGREEMENT WITH THE NATIONAL COWGIRL MUSEUM
AND HALL OF FAME, INC. FOR THE INSTALLATION OF COMMUNITY FACILITIES
FOR THE NATIONAL COWGIRL MUSEUM AND HALL OF FAME LOCATED AT 1700
GENDY STREET
On July 10, 2001 (M&C G-13295), the City Council approved $60,000 for the City's share for the
construction design cost of the necessary infrastructure improvements in this area of the cultural district
to support the construction and expansion of these facilities. The costs for the construction of the
necessary improvements are as follows:
Water $ 105,770
Sanitary Sewer $ 121,550
Storm Drainage $ 940,100
Street $1,105,775
Amon Carter parking lot $ 460,000
Cowgirls parking lot $ 312,400
Utility Adjustments $ 75,000
Construction Costs $3,120,595
Inspection and Testing (8%) $ 249,648
Engineering and Survey (12%) $ 300,000
Contingencies $ 293,252
TOTAL PROJECT COST $3,963,495
The total project cost for this development is $3,963,495. The developer's participation is $263,495
and the total City participation is $3,700,000. All of the improvements to be constructed are located
either on property owned by the City or within the public right-of-way.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
the Public Events Improvements Fund.
MG:n
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Mike Groomer 6140 APPROVED
Originating Department Head:
ffy COUN00-
Hugo Malanga 7801 (from) ocl 23
C192 541200 020192065010 $3,700,000.00
A,dditiopal Information?Contact:
{ Secretary of tl
Hugo Malanga 7801 C
'Gil Worth,