HomeMy WebLinkAboutContract 26291 COMMUNITY FACILITIES AGREEMENT
STATE OF TEXAS § CITY SECRETARY
CONTRACT NO. (�
COUNTY OF TARRANT §
WHEREAS, Performing Arts Fort Worth, Inc., a non-profit corporation, desires
to install a brick paver sidewalk along and around a portion of the new Rehearsal
Hall Facility located on Calhoun Street between Fourth Street and Fifth Street in the
City of Fort Worth, Texas; and
WHEREAS, Performing Arts Fort Worth, Inc., has requested that the City of
Fort Worth participate in the cost of the construction of the sidewalk; and
WHEREAS, because the brick paver sidewalk will be a public sidewalk, the
City of Fort Worth has agreed to pay a fixed sum of $50,000 to Performing Arts Fort
Worth, Inc., as the City's participation in the cost of said sidewalk;
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
That the City of Fort Worth, a home-rule municipality located in Tarrant and
Denton counties, hereinafter referred to as "City", and Performing Arts Fort Worth,
Inc., a non-profit corporation, hereinafter referred to as "Developer', do hereby
covenant and agree as follows:
1.
Developer covenants and agrees that it will install for use as a public
sidewalk, a brick paver sidewalk (the "Project") along and around a portion of the
Rehearsal Hall Facility located on Calhoun Street between Fourth and Fifth Streets.
The construction of the Project shall include the installation of brick pavers, curb,
gutter and base. The sidewalk will be constructed adjacent to the Facility and will run
along the south side of Fourth Street, the east side of Calhoun Street, and the north
side of Fifth Street. The location of the proposed sidewalk is shown on the map
attached hereto as Exhibit "A", and incorporated herein for all purposes incident to
this contract.
2.
The proposed Project will consist of brick pavers of the size, color and make
of brick pavers currently installed as sidewalks in and around the Bass-P� B)mk 53
++afl. Construction of the Project, including the design and pattern of the bricks to be
laid, shall be in accordance with design specifications reviewed and approved by the
City.
3.
It is estimated that the construction cost of the proposed Project, including the
cost of all labor, materials, and equipment, will be $210,000, which amount will be
paid by the Developer. Regardless of the final cost of the Project, the City will pay to
the Developer a fixed fee equal of $50,000, as the City's portion of the cost of the
Project. Payment to the Developer will be made within 30 days from the execution
of this Agreement. If the Project is not completed within 180 days from such
payment date, Developer shall reimburse the City $50,000, together with interest at
the rate of 10% per annum calculated from the date payment is received by the
Developer.
4.
Developer shall construct the sidewalk pursuant to a construction contract
with an independent contractor, hereinafter referred to as "Contractor". The City shall
not be a party to the construction contract between the Developer and Contractor,
and nothing herein shall be construed as creating a privity of contract between the
City and the Contractor, or a partnership or joint venture between the City and the
Developer.
5.
Developer covenants and agrees that the Project will be completed and ready
for acceptance by the City within 180 calendar days following initiation of the of the
construction.
6.
Developer shall employ a Contractor that is licensed and bonded to work in
the public right-of-way and who is otherwise acceptable to the City. Further,
Developer shall require its Contractor to obtain the following insurance in at least the
following amounts:
Comprehensive General Liability $250,000 per person
$500,000 aggregate
Property Damage Insurance $300,000 per occurrence
Worker's Compensation Insurance Statutory
Automobile $100,000 per person
$250,000 per accident
2
Insurance shall be written on an occurrence basis. The City and Developer each
shall be named as an additional insured under the terms of the insurance policy.
7.
The developer shall requires its Contractor to give 48 hours notice to the
City's Department of Transportation and Public Works of its intent to commence
construction of the Project. Thereafter, Contractor shall allow the construction to be
inspected at any and all times by the City's inspection forces.
8.
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 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, this agreement, or the construction of the improvements or facilities
described herein, whether or not caused, in whole or in part, by the negligence
of officers, agents or employees of the City. In addition, the Developer
covenants and agrees to indemnify, hold harmless and defend the City, its officers,
agents and employees from and against 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, resulting from any failure to properly safeguard the work
or on account of any act, intentional or otherwise, neglect or misconduct of the
Developer, its contractors, subcontractors, agents or employees, whether or not
caused, in whole or in part, by the negligence of officers, agents, or
employees of the City.
Developer further agrees to indemnify, defend and hold harmless City from
any claims of any nature arising out of the work to be performed, including but not
limited to its contractor failing to pay any subcontractor, materialman or supplier. In
this regard, if any subcontractor, materialman, or supplier files a claim for non-
payment, Developer agrees to remit payment to such entity within 15 days of
demand by the City upon Developer, without regard to the quality of work or the
basis for which that its contractor has not made payment to the subcontractor,
materialman or supplier.
9.
Developer further covenants and agrees to indemnify, hold harmless and
defend the City from and against any and all claims or suits by the Contractor, its
subcontractors, materialmen or suppliers for the payment or non-payment of any
and all costs for the construction of the Project. To this extent, the City's sole liability
and responsibility under this contract and for the construction of the Project shall be
the payment to the Developer of the fixed fee of $50,000, as prescribed hereunder.
3
10.
Developer further covenants and agrees that it shall comply with all City
accepted practices, ordinances, regulations, as well as provisions of the City
Charter, the City's Design Standards, and the City's current Policy for the Installation
of Community Facilities, to the extent they apply to the design, contracting and
installation of the proposed Project.
11.
Venue for any action brought hereunder shall be in Fort Worth, Tarrant
County, Texas.
APPROVED AS TO FORM AND RECOMMENDED:
LEGALITY:
ary i—Steifterger Hugo4qdanga, P.E.
Assistant City Attorney Director, Transportation and
Public Works
ATTEST: CITY OF FORT WO TH, TEXAS
f - , -
By' .
Gloria Pearson IL,_ 17_rD Mike Groomer
City Secretary Assistant City Manager
PERFORMING ART T WORTH, INC.
contract Authorization
By:
Date President
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City of Fort Worth, Texas
4Dayor And Council Communication
DATE REFERENCE NUMBER I LOG NAME PAGE
8/22/00 C-18198 20ARTS 1 of 1
SUBJECT COMMUNITY FACILITIES AGREEMENT WITH THE PERFORMING ARTS OF FORT
WORTH FOR THE INSTALLATION OF BRICK PAVER SIDEWALK FOR THE
REHEARSAL HALL FACILITY
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Community Facilities
Agreement with the Performing Arts of Fort Worth for a fixed fee of $50,000 for the installation of Brick
Paver Sidewalk for the Rehearsal Hall Facility.
DISCUSSION:
The Performing Arts of Fort Worth has executed a proposed contract for community facilities for
installation of brick paver sidewalks along the Rehearsal Hall Facility located on Calhoun Street
between Fourth and Fifth Street. The sidewalks will be installed on the south side of fourth Street, the
east side of Calhoun Street, and the north side of fifth street (see attached map). This development is
located in COUNCIL DISTRICT 9.
The Sundance Projects Group will be installing the sidewalk and estimates that the cost of this project,
including curb, gutter, base and brick pavers will be $210,000. The City's participation will be a fixed
fee of$50,000 to the Performing Arts Fort Worth.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
the Street Improvements Fund.
MGJ
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
APPROVED/�
Mike Groomer 6140 CITY COUNCIL
Originating Department Head: �+
AUG 22 M
Hugo Malanga 7801 (from)
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Additional Information Contact: C115 541200 020115136311 $50,000.00 "lam/
City Secretary of the
City of Fort Worth,Texas
Hugo Malanga 7801