HomeMy WebLinkAboutContract 45213 (2)COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No. /41 I 5
WHEREAS, the undersigned Developer ("Developer") desires to make certain
improvements ("Improvements") related to a project as described below ("Project") within the City
of Fort Worth, Texas ("City"); and
WHEREAS, the Developer and the City desire to enter into this Community Facilities
Agreement ("CFA" or "Agreement") in connection with the Improvements.
Developer and Project Information:
Developer Company Name: Hillwood Alliance Services, LLC
Address, State, Zip Code: 13600 Heritage Parkway, Suite 200 I Fort Worth, TX 76177
Phone, E-Mail: (817) 224-6000, Russell.laughlin@hi1lwood.com
Authorized Signatory/Title: L. Russell Laughlin, Senior Vice President
Project Name and Brief Description: Sewer Improvements to Serve Alliance Gateway 18
Project Location: 13300 Park Vista Blvd.
Plat Case No.: FP-007-039 Plat Name: Alliance Gateway South Add'n
Council District: 7 City Project No: 02172 CFA: 2013-071
To be completed by staff
Received by: <� k �
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DOE: 7114
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FIFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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NOW, THEREFORE, For and in consideration of the covenants and
conditions contained herein, the City and the Developer do hereby agree as follows:
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, as amended, is hereby
incorporated into this Agreement 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
Improvements. Developer further acknowledges that said process requires the
contractor to submit an Affidavit of Bills paid signed by its contractor and Consent
of Surety signed by its surety to ensure the contractor 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 (A) N/A ,Sewer
(A-1) _X_, Paving (B) _N/A_, Storm Drain (B-1) _N/A., Street Lights & Signs
(C).N/A..
E. The Developer shall award all contracts for the construction of the Improvements in
accordance with Section II, paragraph 7 of the Policy and the contracts shall be
administered in conformance with paragraph 8, Section II, of the Policy.
F. For all Improvements included in this Agreement for which the Developer awards
construction contract(s), Developer agrees to the following:
i. 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.
ii. 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 (100%) of the
contract price of the Improvements and a maintenance bond in the name of the
City for one hundred percent (100%) of the contract price of the Improvements 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 Chapter 2253, Texas
Government Code.
iii. 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.
iv. 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
v. To require its contractor to have fully executed contract documents submitted to
the City to schedule a Pre -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.
vi. 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.
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, fully 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 injuries, death or damages are caused, in whole or in
pan, by the alleged negligence of the City of Fort Worth, its 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 herein, whether or not such
injuries. death or damages are caused, in whole or in part. by the alleged
negligence of the City of Fort Worth, its officers. servants. or employees. 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.
N. Upon completion of all work associated with the construction of the infrastructure and
Improvements, Developer will assign to the City a non-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:
i. 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.
ii. 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.
iii. 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.
iv. Developer shall pay in cash the total cost of street signs.
P. COMPLETION WITHIN 2 YEARS
i. If applicable, the City's obligation to participate (exclusive of front foot charges) in
the cost of the Improvements shall terminate if the Improvements are not
completed within two (2) yearsa provided, however, if construction of the
Improvements has started within the two year period, the developer may request
that the CFA be extended for one year If the Improvements 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
ii. 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.
iii The City may utilize the Developer's financial guarantee submitted for this
Agreement to cause the completion of the construction of the Improvements if at
the end of two (2) years from the date of this Agreement the Improvements have
not been completed and accepted.
iv. The City may utilize the Developer's financial guarantee to cause the completion of
the construction of the Improvements 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.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
Cost Summary Sheet
Project Name: Alliance Gateway 18
CFA No.: 2013-071 DOE No.: 7114
Items Developer's Cost
A. Water and Sewer Construction
1. Water Construction
2. Sewer Construction
$ 215.474.00
Water and Sewer Construction Total $ 215,474.00
B. TPW Construction
1. Street
2. Storm Drain
3. Street Lights Installed by Developer
TPW Construction Cost Total
Total Construction Cost (excluding the fees):
Construction Fees:
C. Water/Sewer Inspection Fee (2%)
D. Water/Sewer Material Testing Fee (2%)
Sub -Total for Water Construction Fees
E TPW Inspection Fee (4%)
F. TPW Material Testing (2%)
G. Street Light Inspsection Cost
H. Street Signs Installation Cost
Sub -Total for TPW Construction Fees
Total Construction Fees:
$
$
$ 215,474.00
$
$
$
$
$
4,309.48
4,309.48
8,618.96
$ 8,618.96
Choice
Financial Guarantee Options, choose one Amount (ck one)
Bond = 100% $ 215,474.00
Completion Agreement = 100% / Holds Plat $ 215,474.00
Cash Escrow Water/Sanitary Sewer= 125% $ 269,342.50
Cash Escrow Paving/Storm Drain = 125% $
Letter of Credit = 125% w/2yr expiration period $ 269,342.50
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 coadruplicate, at Fort Worth, Texas this day of .t/
20 .
CITY OF FORT WORTH o Recommended by:
Water Department
1 i 7) -I ;�
tA ht-A-ALz \ (
Wendy Chi- bulal, EMBA, P.E.
Development- ngineering Manager
Approved as to Form & Legality:
Douglas W. Black
Assistant City Attorney
M&C No. /WA -
Date:
ATTEST:
Mary J. Key
City Secretary
ATTEST:
Signature
(Print) Name:.ttifttte4YELPE-142...,
Title: \AC FROGic,e
Transportation & Public Works Department
Pr
Douglas W. Wiersig, P.E.
Director
Approved by City Manager's Office
Fernando Costa
Assistant City Manager
DEVELOPER:
Hillwood Alliance Services, LLC
Signature
L. Russell Laughlin
Senior Vice President
Check items associated with the project being undertaken; checked items must be included as
Attachments to this Agreement
Included
AL
111
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Attachment
Location Map
Exhibit A: Water Improvements
Water Estimate
Exhibit A-1: Sewer Improvements
Sewer Estimate
Exhibit B: Paving Improvements
Paving Estimate
Exhibit B-1: Storm Drain Improvements
Stour Drain Estimate
Exhibit C: Street Lights and Signs Improvements
Street Lights and Signs Estimate
(Remainder of Page Intentionally Left Blank)
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WASTEWATER
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JACOBS
777 MAIN STREET
FORT WORTH, TX 76102
PHONE 817-735-6000
THE CITY OF FORT WORTH, TEXAS
FORTPLANS FOR THE CONSTRUCTION OF
BETSY PRICE
MAYOR
TOM HIGGINS
CITY MANAGER
DOUGLAS W. WIERSIG, P.E.
DIRECTOR, TRANSPORTATION AND
PUBLIC WORKS DEPARTMENT
S. FRANK CRUMB, P.E.
DIRECTOR, WATER DEPARTMENT
O.O.E. NO. 7114
CITY PROJECT NO. 02172
SEWER PROJECT NO. P27S-70713021
SEWER IMPROVEMENTS
TO SERVE
ALLIANCE GATEWAY 18
OWNED/DEVELOPED BY:
MILLWOCDALLIANCE SERVICES, I.LC
I?(A)RFRITAGE PARKWAY, SURF:IR1
FORT WORTH, TEXAS 76I77
Oi}10E: R17-124-64M
FAX: 817-C4-6061
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LOCATION MAP
N.TS.
MAPSCO NO. PAGE 8V
COUNCIL DISTRICT 7
AUGUST 2013
UNIT I — SEWER IMPROVEMENTS
SCE WO. RATION
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JAMBS ENGISFERIMJ GROUP. INC.
777 MAINSTREWS
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FAX: R17-775.614E
TE.X,IS RFGLSTRATION CNI6
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DOUGLAS W. WIERSIW. P.E. DATE:
DIRECTOR, TRANSPORTATION AND PUBLIC WORKS
RECOMMENDED:
REVIEWED:
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DATE:
DA ;
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September 26, 2013
SANITARY SEWER COLLECTION SYSTEM
ITEM# DESCRIPTION TOTAL UNIT PRICE AMOUNT
1 Install 10" Sewer Pipe by Pipe Bursting 2,309 L.F. $80.00 $184,720.00
2 Install Clay Dam 5 EA. $500.00 $2,500.00
3 Connect to Existing Sanitary Sewer Manhole 12 EA. $1,200.00 $14,400.00
4 Trench Safety 2,309 L.F. $3.00 $6,927.00
5 TV Inspection of Sanitary Sewer , 2,309 L.F. $3.00 $6,927.00
'TOTAL SANITARY SEWER COLLECTION SYSTEM $215,474.00 Il
1:\SLD\WFXH30531600 DISCIPLINE\620 Specs\CFA\GW18 CFA Cost Estimate - Pipe Bursting Page 1
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CUSTOMER'S CERTIFQCA E
AGREEMENT #
1972780
Re: Agreement # 1972780, dated March 10, 2016, between City of Fort Worth, as Customer and DOCUmation of North
Texas, Inc., as Owner.
The , undersi nedbeingthe duly elected, qualified and acting of the City of Fort Worth
9
("Customer") do hereby certify, as of as follows: U U
1. Customer did, at a meeting of the governing body of the Customer held March 1, 2016 by resolution or
ordinance duly enacted, in accordance with all requirements of law, approve and authorize the execution and delivery of
the above -referenced Agreement (the "Agreement") by the following named representative of Customer, to wit:
NAME TITLE SIGNATURE
OF EXECUTING OFFICIAL OF EXECUTING OFFICIAL_ . OF E ECUTING OFFICIAL
Susan Alanis Assistant City Manager
And/ Or
Nt
2. The above -named representative of the Customer held at the time of such authorization and holds at the present time
the office set forth above.
3. The meeting(s) of the governing body of the Customer at which the Agreement was approved and authorized to be
executed was duly called, regularly convened and attended throughout by the requisite quorum of the members thereof,
and the enactment approving the Agreement and authorizing the execution thereof has not been altered or rescinded. All
meetings of the governing body of Customer relating to the authorization and delivery of Agreement have been: (a) held
within the geographic boundaries of the Customer; (b) open to the public, allowing all people to attend; (c) conducted in
accordance with internal procedures of the governing body; and (d) conducted in accordance with the charter of the
Customer, if any, and the laws of the State.
4. No event or condition that constitutes, or with the giving of notice or the lapse of time or both would constitute, an
Event of Default or a Non -appropriation (as such terms are defined in the Agreement) exists at the date hereof with
respect to the Agreement.
5. The acquisition of all of the Property under the Agreement has been duly authorized by the governing body of
Customer.
6. Customer has, in accordance with the requirements of law, fully budgeted and appropriated sufficient funds for the
current budget year to make the Agreement payments scheduled to come due during the current budget year under the
Agreement and to meet its other obligations for the current budget year and such funds have not been expended for other
purposes.
7. As of the date hereof no litigation is pending, (or, to my knowledge, threatened) against Customer in any court (a)
seeking to restrain or enjoy in the delivery of the Agreement or of other agreements similar to the Agreement; (b)
questioning the authority of Customer to execute the Agreement, or the validity of the Agreement; (c) questioning the
constitutionality of any statute, or the validity of an.";k,at �eecipgs, authorizing the execution of the Agreement; or (d)
affecting the provisions made for the payment of Q�"fpr t r - greement.
-/ fry
kfcv
,i(jr. 9;
City of Fort Worth
By:
Title: ki
SIGNER MUST NOT BE THE SAME AS..
.�-•0 1 , {)
�FFICIAL(S) SHOWN ABOVE.
si• It-
.-�.
NOTE: A FACSIMILE OF THIS DOCUMENT WITH SIGNATURE SHALL BE CONSIDERED TO BE AN ORIGINAL. CAPITALIZED TERMS IN THIS
DOCUMENT ARE DEFINED AS IN THE AGREEMENT, UNLESS SPECIFICALLY STATED OTHERWISE.
A551 REV 12/11
Mills, Stephanie
11111111 II 111111111J:11 IA.
From: Kayser, Mary
Sent: Thursday May 05, 2016 2:10 PM
To: Mills, Stephanie
Subject: FW: Customer's Certificate
See Maleshia's response. We will need to re -execute.
Mary J. Kayser, TRMC MMC
City Secretary
City Secretary's Office
1000 Throckmorton
Fort Worth, TX 76102
817-392-6161
817-944-8111 (cell)
marv.kayser (aifortworthtexas. aov
From: Farmer, Maleshia
Sent: Thursday May 05, 2016 2:00 PM
To: Kayser, Mary
Subject: REE Customer's Certificate
Yes Mary it should be reverse. It should be the other way around from what you signed.
Maleshia B. Farmer
Senior Assistant City Attorney/Section Chief
City Attorney's Office
1000 Throckmorton Street
Fort Worth, Texas 76102
Direct: (817) 392-7887 / Fax: (817) 392-8359
maleshia.farmer@fortworthtexas. aov
City of Fort Worth — Working together to build a strong community
FORT WORTH®
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1
CUSTOMER'S CERTIFICATE
AGREEMENT #
1972780
Re: Agreement # 1972780, datedf,// ? , between City of Fort Worth, as Customer and Documatlon of North Texas, Inc.,
as Owner.
The undersigned, being the duly elected, qualified and acting Lit -1-4 Ie-; -V of the City of Fort Worth
("Customer") do hereby certify, as of /04,i/- , as follows:
1. Customer did, at a meeting of the governing body of the Customer held //?z's'Ly: L(, 201k by resolution or
ordinance duly enacted, in accordance with all requirements of law, approve and authorize the execution and delivery of
the above -referenced Agreement (the "Agreement") by the following named representative of Customer, tpr E • ' -`�•
NAME TITLE
OF EXECUTING OFFICIAL I OF EXECUTING OFFICIAL
d Or
ISIGNATURE
OF EXECUTING OFFICIAL
f
3. The meeting(s) of the governing body of the Customer at which the Agreement was approved and authorized to be
executed was duly called, regularly convened and attended throughout by the requisite quorum of the members thereof,
and the enactment approving the Agreement and authorizing the execution thereof has not been altered or rescinded. All
meetings of the governing body of Customer relating to the authorization and delivery of Agreement have been: (a) held
within the geographic boundaries of the Customer; (b) open to the public, allowing all people to attend; (c) conducted in
accordance with internal procedures of the governing body; and (d) conducted in accordance with the charter of the
Customer, if any, and the laws of the State.
4. No event or condition that constitutes, or with the giving of notice or the lapse of time or both would constitute, an
Event of Default or a Non -appropriation (as such terms are defined in the Agreement) exists at the date hereof with
respect to the Agreement.
5. The acquisition of all of the Property under the Agreement has been duly authorized by the governing body of
Customer.
i
f ' t3� 10 ' .� - i /.47 Is--
I 6.1 g
'/7,
inc 4:1
2. The above -named representative of the Customer held at the time of such authorization and hold '•:t, the-
the office set forth above.
6. Customer has, in accordance with the requirements of law, fully budgeted and appropriated sufficient funds for the
current budget year to make the Agreement payments scheduled to come due during the current budget year under the
Agreement and to meet its other obligations for the current budget year and such funds have not been expended for other
purposes.
7. As of the date hereof, no litigation is pending, (or, to my knowledge, threatened) against Customer in any court (a)
seeking to restrain or enjoy in the delivery of the Agreement or of other agreements similar to the Agreement; (b)
questioning the authority of Customer to execute the Agreement, or the validity of the Agreement; (c) questioning the
constitutionality of any statute, or the validity of any proceedings, authorizing the execution of the Agreement; or (d)
affecting the provisions made for the payment of or security for the Agreement.
City pfi Fort Worth
By:
vicv, 9_0tA"4.:ci
Title: c usan alma
1 . . -
SIGNER MUST NN T BE E SAME AS THE EXECUTING OFFICIAL(S) SHOWN ABOVE.
1
NOTE: A FACSIMILE OF THIS DOCUMENT WITH SIGNATURE SHALL BE CONSIDERED TO BE AN ORIGINAL. CAPITALIZED TERMS IN THIS
DOCUMENT ARE DEFINED AS IN THE AGREEMENT, UNLESS SPECIFICALLY STATED OTHERWISE.
A551 REV 12/11
DATE: April 26, 2016
Ls-r- 11
Kevin Gunn, Director, IT Solutions /L�• (1(1�f
Maleshia Farmer, Senior Assistant City Attor
Susan Alanis, Assistant City Manager
FROM: Steve Streiffert, Assistant Director
IT Solutions Department
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1-02
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SUBJECT: DOCUmation Customer's Certificate for CSC 45231-AD1 and 45231=
AD2
Attached for your review and approval is DOCUmation Customer's Certificate
confirming the execution of CSC 45231-AD1 and CSC 45231-AD2 and that funds are
budgeted and appropriated for the current budget year.
March 1, 2016, M&C C-27636, City Council authorized an Addendum and a Services
Agreement to the Lease Agreement with DOCUmation of North Texas, Inc., CSC 45231
for printers and multi -functional devices for all City Departments in the amount of
$1,240,019.54 for the first year.
After reviewing the DOCUmation Customer's Certificate, the City Attorney's Office
approved the document, stipulating that it should be executed separately from the CSC
45231 Addendum and Services Agreement. The information above and immediately
below Item 1 is to be filled in and signed by the City Secretary. The boxed area below
Item 7 will be signed by Assistant City Manager Susan Alanis.
Once completed, please contact Kathy Agee -Dow, IT Finance, Contract Compliance
Specialist at 817-392-8461, to pick up the executed document. Should you have any
additional questions, please let me know.
Steve Streiffert, Assistant Director
IT Solutions Department
C. Kathy Agee -Dow, IT Finance, Contract Compliance Specialist
File
M&C Review
Official s to o the City o Fort Worth :Texas
ITY OUNCILGENDA
COUNCIL ACTION: Approved on 3/1/2016
DATE: 3/1/2016 REFERENCE C-27636 LOG 04DOCUMATION NORTH TEXAS
NO.: NAME• LEASE AGREEMENT FOR PRINTERS
CODE: C TYPE: NON- PUBLIC NO
CONSENT HEARING:
SUBJECT: Authorize Execution of an Addendum to the Lease Agreement with DOCUmation of
North Texas, Inc., City Secretary Contract No. 45231 and Authorize Services
Agreement for Printers and Multi -Functional Devices in the Combined Amount Not to
Exceed $1,240 019.54 for the First Year and the Combined Amount Not to Exceed
$6,200 097.70 Over a Term of Five Years, Using a Cooperative Agreement (ALL
COUNCIL DISTRICTS)
FORT WORTH
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an Addendum to the Lease
Agreement with DOCUmation of North Texas, Inc , City Secretary Contract No. 45231, and authorize a
Services Agreement for printers and multi -functional devices for all City Departments in the combined
amount not to exceed $1,240,019.54 for the first year and the combined amount not to exceed
$6,200 097.70 over a term of five years, using U.S. Communities Government Purchasing Alliance
Contract No. 4400003732.
DISCUSSION:
The City currently leases multi -functional devices from DOCUmation of North Texas, Inc. (DOCUmation),
under an Agreement that was awarded in 2008 (M&C P-10860, October 7, 2008). After a thorough
assessment of both the proposed Print Management Program and the current Multi -Function Printer
(MFP) Program, IT Solutions staff determined the most effective solution is to expand the current
solution to encompass all printers and multi -functional devices except for specialty printers. The current
monthly rental cost will be reduced by 11 percent.
The City will lease the copiers and multi -functional devices for a period of five years. City departments
will use the machines for various document duplication tasks, including but not limited to copying
scanning and faxing. The cost to lease these devices covers the device, maintenance service and all
supplies except paper. The Addendum to the current Lease Agreement for the printers and equipment
will have annual costs not to exceed $755,740.80 and five year costs not to exceed $3,778,704.80. The
Agreement for services, which will be executed separately, will have annual costs not to exceed
$484 278.74 and five year costs not to exceed $2,421,393.70 In the event either Agreement is
terminated prior to the end of the five year term, the City will be responsible for payment of equipment
fees to purchase the printers based on a graduated fee schedule over a five-year period.
The Print Management Program includes upgrading or replacing 907 devices and eliminating 713
desktop devices. This program includes reporting that will provide the actual amount of printing that
occurs for each department, allowing departments to maintain more accurate printing budgets. This
program will allow the City to avoid the expense of replacing printers, toner, maintenance/repair parts
and contract labor over the term of the contract. Annual savings resulting from eliminating these
expenses are $892,000 00.
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=21709&councildate=3/1/2016[3/14/2016 7:23:19 AM]
FORT WORTH
Maleshia B. Farmer Direct Dial 817-392-7887
Senior Assistant City Attorney maleshia.farmer cni fortworthtexas.aov
March 16, 2016
Scott Hanson
Vice President/General Manager
DOCUmation of North Texas, Inc.
601 Westport Parkway, Suite 200
Grapevine, TX 76051
Via email: shansonna,mation.com
RE: Agreement between DOCUmation of North Texas, Inc., and City of Fort Worth (as defined below)
Dear Mr. Hanson:
I have acted as counsel to City of Fort Worth ("Customer"), in connection with that certain DOCUmanage
Agreement Terms and Conditions, referred to as City Secretary Contract ("CSC") No. 45231 entered into
on or about December 24, 2013, as amended and supplemented by documents referred to as CSC No.
45231, Supplement 1 entered into on or about March 19, 2014, CSC No. 45231, Supplement 2, Revision 1
entered into on or about April 23, 2014, and CSC No. 45231-AD1 and CSC No. 45231-AD2 Addendum,
entered into on or about March 10, 2016, (collectively, the "Agreement") between DOCUmation of North
Texas, Inc., as assignee of DOCUmation, Inc., ("Owner"), and Customer. I have examined the law and
such certified proceedings and other papers as deemed necessary to render this opinion.
Based upon the foregoing, I am of the opinion that, under existing law:
1. Customer is a public entity and municipal corporation, duly organized and existing under the laws of
the State of Texas.
2. Customer has all requisite power and authority to enter into the Agreement and to perform its
obligations thereunder.
3. All proceedings of Customer and its governing body relating to the authorization and approval of the
Agreement, the execution thereof and the transactions contemplated thereby have been conducted in
accordance with all applicable open meeting laws and all other applicable state and federal laws.
4. The Agreement has been duly executed and delivered by Customer and constitutes legal, valid and
binding obligations of Customer, enforceable against Customer in accordance with the terms thereof,
OFFICE OF THE CITY ATTORNEY
The City of Fort Worth * 1000 Throckmorton Street * Fort Worth, Texas 76102
817-392-7600 * Fax 817-392-8359
Page 2 of 2
Opinion of Counsel
DOCUmation of North Texas, Inc.
except insofar as the enforcement thereof may be limited by any applicable bankruptcy, insolvency,
moratorium, reorganization or other laws of equitable principles of general application, or of
application to municipalities or political subdivisions such as the Customer, affecting remedies or
creditors' rights generally, and to the exercise of judicial discretion in appropriate cases.
5. No further approval, consent or withholding of objections is required from any federal, state or local
government authority with respect to the entering into or the performance by Customer of the
Agreement and the transactions contemplated thereby.
6. All required public bidding procedures regarding an award to Owner of the transactions
contemplated under the Agreement have been properly and completely followed by Customer.
7. As of the date hereof, based on such inquiry and investigation as I have deemed sufficient, no
litigation is pending, (or, to my knowledge, threatened) against Customer in any court (a) seeking to
restrain or enjoin the delivery of the Agreement; (b) questioning the authority of Customer to execute
the Agreement, or the validity of the Agreement (c) questioning the constitutionality of any statute,
or the validity of any proceedings, authorizing the execution of the Agreement; or (d) affecting the
provisions made for the payment of or security for the Agreement.
This opinion may be relied upon by addressees hereto and their successors and assigns.
Regards,
Maleshia B. Farmer,
Senior Assistant City Attorney
Date: March 16, 2016
OFFICE OF THE CITY ATTORNEY
The City of Fort Worth * 1000 Throckmorton Street * Fort Worth, Texas 76102
817-392-7600 * Fax 817-392-8359
CUSTOMF_,R'S CER RICATE
A,GREFMENT
1972780
Re: Agreement # 1972780, datedia-between City of Fort Worth, as Customer and Documation of North Texas, Inc.,
as Owner.
The undersigned, being the duly elec ed, qualified and acting
("Customer") do hereby certify, as of , /6- , as follows:want: a,,.
1. Customer did, at a meeting of the governing body of the Customer held /71//t-(4't 1 , 201 '1��►�-
ordinance duly enacted, in accordance with all requirements of law, approve and authorize the execu4'4.
p
the above -referenced Agreement (the "Agreement") by the following named representative of Custome`�
NAME
OF EXECUTING OFFICIAL
1 fir/ r 2i
/i
TITLE
OF EXECUTING OFFICIAL
of the City of Fort Worth
SIGNATURE
OF EXECUTIN OFFICIAL
2. The above -named representative of the Customer held at the time of such authorization and holds at the present time
the office set forth above.
3. The meeting(s) of the governing body of the Customer at which the Agreement was approved and authorized to be
executed was duly called, regularly convened and attended throughout by the requisite quorum of the members thereof,
and the enactment approving the Agreement and authorizing the execution thereof has not been altered or rescinded. All
meetings of the governing body of Customer relating to the authorization and delivery of Agreement have been: (a) held
within the geographic boundaries of the Customer; (b) open to the public, allowing all people to attend; (c) conducted in
accordance with internal procedures of the governing body; and (d) conducted in accordance with the charter of the
Customer, if any, and the laws of the State.
4. No event or condition that constitutes, or with the giving of notice or the lapse of time or both would constitute, an
Event of Default or a Non -appropriation (as such terms are defined in the Agreement) exists at the date hereof with
respect to the Agreement.
5. The acquisition of all of the Property under the Agreement has been duly authorized by the governing body of
Customer.
6. Customer has, in accordance with the requirements of law, fully budgeted and appropriated sufficient funds for the
current budget year to make the Agreement payments scheduled to come due during the current budget year under the
Agreement and to meet its other obligations for the current budget year and such funds have not been expended for other
purposes.
7. As of the date hereof, no litigation is pending, (or, to my knowledge, threatened) against Customer in any court (a)
seeking to restrain or enjoy in the delivery of the Agreement or of other agreements similar to the Agreement (b)
questioning the authority of Customer to execute the Agreement, or the validity of the Agreement; (c) questioning the
constitutionality of any statute, or the validity of any proceedings, authorizing the execution of the Agreement; or (d)
affecting the provisions made for the payment of or security for the Agreement.
I City of Fort' thth
By:
i
Title: t. Susan Alani
AssiC>tant City Dipingor
SIGNER MUST NOT BE THE SAME AS THE EXECUTING OFFICIAL(S) SHOWN ABOVE.
NOTE A FACSIMILE OF THIS DOCUMENT WITH SIGNATURE SHALL BE CONSIDERED TO BE AN ORIGINAL. CAPITALIZED TERMS IN THIS
DOCUMENT ARE DEFINED AS IN THE AGREEMENT, UNLESS SPECIFICALLY STATED OTHERWISE.
A551 REV 12/11