HomeMy WebLinkAboutContract 27572 �b I jd '
COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No.���
WHEREAS, LaGrave Reconstruction Company, Inc., hereinafter called
"Developer", desires to make certain improvements to 6th Street and drainage to the
LaGrave Field, located at in the vicinity of 6th Street, between N. Commerce Street and
N. Calhoun 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 W. Scott Berry, its duly
authorized secretary and general counsel, and the City, acting herein by and through
Bridgette Garrett, its duly authorized Interim Assistant City Manager, for and in
consideration of the covenants and conditions contained herein, do hereby agree as
follows:
� ^GEC ply
COMMUNITY FACILITIES AGREEMENT
to install
STREET AND STORM DRAINAGE IMPROVEMENTS FOR
LAGRAVE FIELD
A. The Developer, at its sole cost and expense, agrees to retain the services of an
engineering firm to repare the plans, specifications and construction documents for
improvements to 6tr Street, between N. Commerce Street and N. Calhoun Street,
and drainage, as shown on Exhibit "A", attached hereto, such improvements
hereinafter referred to collectively as the Public Infrastructure". In addition the
Developer shall prepare the plans and specifications necessary for parking lot
improvements.
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 Dunaway Associates,
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 for the Public Improvements 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. Any deviation from the scope of work or change order 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 being made or
change order being issued.
E. The estimated total cost of the Public Infrastructure and related support services
specified in this agreement, excluding design, is estimated to be $113,012.'
In accordance with this agreement as shown in the Cost Summary and in
accordance with a separate agreement between the Developer and Dunaway
Associates, Inc., the Developer shall be responsible for paying for all engineering
services related to the Public Infrastructure to be constructed under this agreement.
The City shall contribute the sum of $113,012.00 for the construction of the Public
Infrastructure. The City shall be responsible for making all payments to the
contractor(s) of the Public Infrastructure.
COMMUNITY FACILITIES AGREEMENT
LA GRAVE FIELD
Page 2 of 6
F. City personnel shall be responsible for the inspection of the Public Infrastructure as
they are being constructed. The city inspector shall be responsible for the
preparation of all payment documents.
G. 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.
H. It is further agreed and understood by the parties hereto that upon acceptance by
the City, title to all the Public Infrastructure shall be vested in the City after such
acceptance, and Developer hereby relinquishes any right, title, or interest in and to
said facilities or any part thereof.
I. 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(s) to meet City's requirements for being insured, licensed and bonded to
do work in public streets.
3. To require the contractor(s) 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 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(s) 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 storm drain pipe unless a responsible City inspector is
COMMUNITY FACILITIES AGREEMENT
LA GRAVE FIELD
Page 3 of
D[8S8Dt and gives COOG8Of to p[DC88d. and to 02k8 such l8bO[8tO[V tests Of
materials being used 8S may b8required b«the City.
J. During the OOU[Ge of construction, Developer further covenants and 8gP8BS to, and
by these D[8G8OtG does hereby fully indemnify, hold harmless and defend the City,
its officers, 8g8O|S' and 8DlplOy88S from and 8g8iOSf any and all Cl8iOlS, SUifG or
causes Of action, Of any nature whatsoever, brought for, O[OO account Of any injuries
or damages to p8FSOOS or pR]p8[fy' including death, OD 8CCOUDf OJany negligent 8Cf
OF intentional misconduct OfDeveloper.
K. Developer will fU[fh8[ [BQUiPB its CODƒF8CtOR3 /DOf including []UD8VV2V ASGOCi8f8S,
Inc.) to iOdeDlOif«, hold h@0Ole88 and defend the City, its officers, agents and
employees from and Bg8iDSf any and all claims, SUifG or causes of action of any
whatsoever,�8fgOBV8�. whether FB8l or 8S8e[f8d, brought for or On @CCOUDt Of any
injuries or damages to persons or property, including de8th. resulting from, O[ iOany
VV8\( cOOO8CfBd with, the CODGt[UCtiOD Of the Public IDfraSt[UCfU[B, whether or not
caused, in whole or in part by the negligence of officers, agents employees,
licensees, or invitees of the City.
L. Developer covenants and agrees that it diGCri[OiO8f8S against no individual involving
8OlD|OVODeDf 88 prohibited by the fB[0G of Ordinance NO. 7278 /8S 8DleOd8d by
Ordinance No. 7400\, 8O ordinance prohibiting discrimination iO employment practice
b8c2UG8 of race, CF88d. COlO[. religion, D2tiOD8l origin (except for illegal 8li8OS\, Sex
or age, UnlGSS sex or age is 8 bDO@fid8 OCCUp8fiOO8l qU8lifiC8fiOD' and that any
SUbCOOfF8CfO[ or 8DlDlOyDl8Df @g8Ooy' 8ifhB[ furnishing DF referring 8ppiiC8DtS to
[]8VelOp8[, and any agent-of Developer, will also be prohibited from discriminating
against BOV individual involving eDOplOyDlBDf as prohibited by the f8rDOG Of such
Ordinance No. 7278 (as amended by Ordinance No. 7400).
M. The Ol@OS, SDeCifiC8fODG and COOGtDJCtiOn dOCUrO8OfS for the Public IOfr8SfMJ[tU[8
pFOdUC8d pursuant to the G8D8[8t8 8gFe8DleDf b8ƒw88O Developer and [)UM@VV@V
Associates, Inc. are GUh|eCf to the written 8Op[OV@l of the City. /\DOFOV8l by the City
shall not constitute D[ be deemed tOb88 release Of the responsibility and liability of
Dunaway Associates, Inc., its SUbCODGUlt8Dt8 and BQeD{S. Such 8DOPDV8l Shall not
b8 deemed tOb88O assumption Of such responsibility and liability bV the City for any
defect in the designs, Sp8CifiC8tiODS and CODf[3[t dOCUDlBOfS p[8D8rBd by []UD8VV8y
Associates, IDC.. its SUbCOOSUlt8OtS and agents, if being the intent Of the parties that
8pOFOV8l by the City signifies the City's approval OD only the general design concept
Of the iDOpPOV8DO8OtS to be CODSt[U[t8d' ID this COOD8CtiOD, the []8V8lOpe[ will
include in its contract with Dunaway Associates, Inc. @ requirement that DUO8VV8V
/\SGOCi8teS, Inc. will, for 8 period of five (5) years after the 8CC8Dt@OO8 by the City Of
the CODlDlet8d COOSt[UCtiOO project indemnify and hold the City and all of its OffiC8[8,
8gGVfG, Ge[V3OtS and 8DlplOVB8S h@[0Ol8SS from BDV lOSS' d8Dl8g8. liability or
eXp8OSe' OD 8CCOUOt of damage to pnOD8[fV and injuries, including death, to all
D8FSOOG which may 8[iS8 out Of any defect, d8fiCi8DCV or negligence Of the
8OgiD88['G designs and GD8CifiC8tiOOS iDCOrOOr8t8d into any irOp[OVe[D8DfG
COMMUNITY FACILITIES AGREEMENT
L»GRAVE FIELD
Page^»/«
constructed in accordance therewith, and further require Dunaway Associates, 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.
N. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County,
Texas.
O. 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 said Policy as a condition of this
contract.
P. The following descriptions of work apply, as appropriate, to the areas included in the
Community Facilities Agreement:
1. STREETS
Street 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 Transportation and Public Works.
2. STORM DRAINAGE
Storm drain 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 Transportation and Public Works.
3. OTHER WORKS
In the event that other work is required it will be included as a specific
requirement to this Community Facilities Agreement.
4. COST SUMMARY (Exhibit B)
Public Drainage Improvements $ 36,297.14
Paving Improvements 76.714.96
Total Project Cost $113,012.00
The above is based upon the following project scope:
❑ Reconstruction of one block of NE 6th Street between N. Commerce Street
and N. Calhoun Street, inclusive of the intersections, and drainage.
COMMUNITY FACILITIES AGREEMENT
LA GRAVE FIELD
Page 5 of
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
executed this instrument in quadruplicate, at Fort Worth, Texas this the day of
March' 2002.
APPROVED AS TO FORM AND RECOMMENDED:
LEGAUT-Y:
Assistant Cif Attorney Hug alanga, P.E.
Director,' Transportation and
Public Works Department
ATTEST: CITY OF FORT WORTH, TEXAS
B MjQU6 A
------------------ "
Gloria Pear on BridgJi&Garre V
City Secre at
a Assistant City Manager
DEVELOP
ATTEST: LaGrave Recons ru4afiyn Company,
L. L. C.
By:
A- 4 'r
0
SVrarnVe &Val Coun I
Contract Authorization
Date
CITY 5E1�E A1Q1y
COMMUNITY FACILITIES AGREEMENT
LA GRAVE FIELD woo E-11H Va.
Page 6 of 6
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Dunaway Amociates,Inc. 311812002
ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST
Unit 11:Paying&Storm Drain Improvements
To nerve: Fort Worth Cats Stadium
T/pw Pmjen ro.:
DOE He.
Unit II-Settio x A:Public Storm Drain Im r ements
e
SW BID UNIT
ITEM UANTITY UNIT DESCRIP'T'ION PRICE COST
1 5 EA Demolish and Remove Existing 5'Curb Into $750.00 $3.750.00
2 1 EA Demolish and Remove Existing l0'Curb Inlet $950.00 $950.00
3 6 EA Install 10.5.Standard Curb Inlet $2A00,00 S13.200.00
4 265 SY Dcmotish and Remove Existing Concrete Pavment $9.00 $2,385.00
5 84 LF Pinch emolish and Remove Existing Reinforced Concrete Curb $1.50 $126.00
6 265 SY inch reinforced concrete avement full panel concrete avementre air $22.00 $5,830.00
7 65 LF reintorced concrete curb $2.50 $162.50
8 265 SY 6-inch lime stabilized sub de $2,00 $530.00
9 3,5775 TN Lime 7N/SY $105.00 $375.64
10 1 LS 7-foot X 7-foot Storm Drain Manhol 9.5-foot depth $1,500.00 $3 500.00
11 33 LF 30"CL III RCP $52.00 $1,71 .00
12 69 LF 21"CL III RCP $40,00 $2,760.00
13 32 LF Remove exiatin 15"RCP $16.00 $512.00
L--J4 i EA flug for 30"RCP $500,00 5500.00
SUBTOTAL: S36,297.I4
Unit ll-Section B:PaybIlt Im rovem6nts
BID BID UNIT
ITEM QUANTrTY UNIT DESCRIPTION PRICE _ COST_
1 ;,192 SY Demolish and Remove Existing Concrete Pavement $9.00 S19,728.00
.2. 226 LF Demolish and Remove Existing Reinforced Concrete Curb $1.50 _ $339.00
3 195 LF Demolish and Remove Existing Railroad Track Includes both rails $15,00 $2.925.00
4 11915 Sy 6-inch reinforced concrete payernent $22.00 $42,130.00
5 11 375 LF 7-inch reinforced concrete curb $2.75 S1,031.25
6 210 LF d-inch reinforced concrete la-down curb $2.50 $525.00
7 2 055 SX 6-inch lime stabilized sub ads 1 $225 S4 623,75
8 27.743 TN Lime 74/SY $105.00 $2,912.96
9 1 LS IPavernent Marking var City requirements $2,000.00 S2 000.00
10 500 Sy ISceding by h dromulch 1.00 $500,00
SUBTOTAL SECTION B: $76,714.96
TOTAL UNIT II: $113,012.10
UNIT2_006T 031102 dee R01.xie
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME
PAGE
3/26/02 C-19027
20LAGRAVET � 1 of I
� i
SUBJECT COMMUNITY FACILITIES AGREEMENT —AIITH LAGRAVE RECONSTRUCTION
COMPANY; L.L.C. FOR THE DESIGN AND CONSTRUCTION OF STREET AND
STORM DRAINAGE IMPROVEMENTS IN LAGRAVE FIELD AREA
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Community Facilities
Agreement with LaGrave Reconstruction Company, L.L.C. for the design and construction of street and
storm drainage improvements in the LaGrave Field area at an estimated cost to the City of $113,012.
DISCUSSION:
In December 2000, the City Council authorized the issuance of$45,000,000 in Certificates of Obligation
to address critical capital projects, which includes $2,500,000 in new development funds to supplement
the 1998 Capital Improvement Project new development funds.
LaGrave Reconstruction Company, L.L.C., the developer of LaGrave Field (Developer), has executed a
proposed Community Facilities Agreement (Agreement) to make certain street paving and storm
drainage improvements in the LaGrave Field area.
Under the terms of this Agreement, the Developer will retain and fund the services of an engineering firm to
prepare the plans, specifications and construction documents for the improvements to 6th Street between
North Commerce Street and North Calhoun Street and the necessary storm drainage improvements.
The Developer will also competitively bid and award the construction contract. The City of Fort Worth
will fund the construction at an estimated cost of $113,012 and do the inspection of the project during
construction.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
the Critical Capital Projects Fund.
BG:n
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Bridgette Garrett(Acting) 6140
Originating Department Head:
Hugo Malanga 7801 (from) APPROVED 03/26/02
C116 541200 020116136357 $113,012.00
Additional Information Contact:
George Behmanesh 7913
Tom Higgins 6192