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CONTRACT NO.
�51 Ipt-4-
AMENDMENT TO COMMUNITY FACILITIES AGREMENT
WITH FORT WORTH AREA HABITAT FOR HUMANITY, INC.
COMMUNITY FACILITIES AGREEMENT NO. 30807
WHEREAS, on October 29, 2004, the City of Fort Worth and Fort Worth Area
Habitat for Humanity, Inc. made and entered into a Community Facilities Agreement
("CFA") for Mosier Valley, same being City of Fort Worth City Secretary Contract No.
308067;
WHEREAS, Tarrant County and the City of Fort Worth desire to enter into an
Interlocal Agreement ("ILA") for the construction of certain improvements as required
under the CFA;
WHEREAS, it has become necessary to amend the provisions of the CFA to
address the City's obligations under the ILA.
Now, therefore, the City of Fort Worth, acting herein by and through Marc Ott, its
duly authorized assistant city manager, hereinafter referred to as"City", and the Fort
Worth Area Habitat for Humanity, Inc., acting herein by and through Co f P _ Pi
its duly authorized�k��« /�i�r� � , hereinafter referred to as"FW _ d hereby
agree as follows:
1. City's obligations under the ILA are to furnish all necessary rights-of-way,
plan specifications and engineering drawings, to relocate and/or lower all utilities and
perform all contract work pertaining to the roads and/or sewer projects. Further, City is to
furnish all necessary traffic controls and to redirect traffic flow during the construction
phase. Additionally, if engineering services and/or storm water run-off plans are required
for the project, the City will provide such services.
2. FWAHFH agrees to be responsible for all costs of the City's obligations
contained in paragraph 1 above, and City shall not be obligated to perform any services
until FWAHFH has provided all funds necessary to pay for such obligations. Alterna-
tively, FWAHFH may contract directly for the provision of any services required to
accomplish City's obligations stated above.
3. FWAHFH 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, 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
the CFA or this amendment, 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 FWAHFH covenants to indemnify, hold
harmless and defend the City, its officers, agents and employees from and against all claims,
suits, or causes or 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
My a t 2
safeguard the work or an account of any act, intentional or otherwise, neglect or misconduct
of FWAHFH, 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.
Entered into this the L' day of 6 -
Approval Recommended: City ' orth
R 9
y.
Robert Goode, P. E., Director Marc Ott
Transportation &Public Works Assistant City Manager
Attest: Approved as to Form and Legality
Marty Hendrix, Oity Secretary Assistant City Attorney
Attest: Fort Worth Area Habitat for Humanity, Inc.
Corporate Secretary am . 4,1! B 4
Title: Fir e EeeA?/'
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Date
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City of Fort Worth, Texas
Mayor and Council Communication
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COUNCIL ACTION: Approved on 1/4/2005
DATE: Tuesday, January 04, 2005
LOG NAME: 20HABITAT REFERENCE NO.: **C-20469
SUBJECT:
Authorize Execution of Interlocal Agreement with Tarrant County for the Reconstruction of Garrett
Street and Construction of George Court
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an Interlocal Agreement with
Tarrant County to provide reconstruction of Garrett Street and construction of George Court at no cost to
the City, contingent upon Fort Worth Area Habitat for Humanity, Inc. providing funding for the City's
obligations under the interlocal agreement.
DISCUSSION:
On October 29, 2004, Fort Worth Area Habitat for Humanity, Inc. (FWAHFH) entered into a Community
Facility Agreement (CFA) No. 30807 for reconstruction of Garrett Street and construction of George
Court. Subsequently, FWAHFH has negotiated with Tarrant County to provide labor, equipment and
material for the pavement portion of infrastructure. Tarrant County has agreed to enter into an Interlocal
Agreement with the City of Fort Worth for reconstruction of Garrett Street and construction of George
Court. Pursuant to an amendment to CFA No. 30807, FWAHFH will be responsible for all the City's
obligation within this Interlocal Agreement with Tarrant County.
Under the Interlocal Agreement, Tarrant County will provide and pay for the cost of all the necessary labor,
equipment and material to perform reconstruction/construction of the pavement on these streets. The City's
obligation, assumed by the FWAHFH, under this Interlocal Agreement is to furnish all necessary rights of
way, plan specifications and engineering drawings, to relocate and/or lower all utilities, perform or contract
all concrete work including curb and gutter pertaining to the roads and/or sewer projects, and furnish all
necessary traffic control.
This property is located in COUNCIL DISTRICT 5.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office bT. Marc Ott (8476)
Originating Department Head: Robert Goode (7804)
Additional Information Contact: George Behmanesh (7914)
Logname: 20HABITAT Page 1 of 1