HomeMy WebLinkAboutContract 5546603/26/2021
2:52 pm
CSC No. 55466
INTERLOCAL AGREEMENT FOR THE
CONSTRUCTION OF COMMUNiTY FACILITIES
WITH CITY PARTICIPATION
This INTERLOCAL AGREEMENT FOR THE CONSTRUCTION OF COMMUNITY
FACILITIES ("Agreement") is made and entered into by and between the City of Fort Worth ("City"),
a home-rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant
City Manager, and the Aledo Independent School District ("Developer"), acting by and through its duly
authorized representative. City and Developer are referred to herein individually as a"party" and
collectively as the "parties."
WHEREAS, Developer is constructing improvements or subdividing land within the corporate
limits of Fort Worth, Texas or its extraterritorial jurisdiction, for a project known as Aledo Middle School
#2 ("Project"); and
WHEREAS, the City desires to ensure that all developments are adequately served by public
infrastructure and that the public infrastructure is constructed according to City standards; and
WHEREAS, as a condition of approval of the Project, Developer is required to bear a portion of
the costs of municipal infrastructure by constructing the public infrastructure necessary for the Project as
described in this Agreement ("Community Facilities" or "Improvements"); and
WHEREAS, as a condition of approval of the Project, Developer is required to meet the additional
obligations contained in this Agreement, and Developer may be required to make dedications of land, pay
fees or construction costs, or meet other obligations that are not a part of this Agreement.; and
WHEREAS, the City desires to participate in this Agreement by paying Developer an amount not
to exceed $158,656.20 to enlarge the scope of the Improvements beyond what Developer is responsible for
constructing as authorized by the City Council through approval of M&C 21-0161 on Mach, 2, 2021 ("City
Participation"); and
WHEREAS, Chapter 791 of the Texas Government Code, the "Interlocal Cooperation Act,"
authorizes local government entities to enter into interlocal contracts for governmental purposes; and
WHEREAS, each party, in performing governmental functions or in funding the performance of
governmental functions, shall make that performance or those payments from current revenues legally
available to that party; and
WHEREAS, each party finds that the performance of this Agreement is in the common interest of
the parties, that the undertaking will benefit the public interest and that the division of costs fairly
compensates the performing party for the services or functions under this Agreement.
NOW, THEREFORE, for and in consideration of the covenants and conclitions contained herein,
the City and the Developer do hereby agree as follows:
City of Fort Worth, Texas
ILA for Construction of Community Facilities
Rev. 1/21
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
1.
CFA Ordinance
The Community Facilities Agreements Ordinance ("CFA Ordinance"), as amended, is incorporated
into this Agreement by reference, as if it was fully set forth herein. Developer agrees to comply with all
provisions of the CFA Ordinance in the performance of Developer's duties and obligations pursuant to this
Agreement and to cause all contractors hired by Developer to comply with the CFA Ordinance in
connection with the wark performed by the contractors. If a conflict exists between the terms and conditions
of this Agreement and the CFA Ordinance, the CFA Ordinance shall control.
2.
Incorporation of Engineering Plans
The engineering plans for the Improvements that have been accepted by the City ("Engineering
Plans") are incorporated into this Agreement by reference as if fully set out herein. Developer shall provide
at its expense, unless otherwise agreed to by Ciry, all engineering drawings and documents necessary to
construct the Improvements required by this Agreement.
3.
Description of Improvements; Exhibits and Attachments
The following exhibits describe the general location, nature and extent of the Improvements that
are the subj ect of this Agreement and are attached hereto and incorporated herein by reference:
❑ Exhibit A: Water
� Exhibit A-1: Sewer
❑ Exhibit B: Paving
❑ Exhibit B-1: Storm Drain
❑ Exhibit C: Street Lights & Signs
The Location Map and Cost Estimates are also attached hereto and incorporated herein by
reference. To the extent that Exhibits A, A-1, B, B-1, C, the Location Map, or the Cost Estimates
conflict with the Engineering Plans, the Engineering Plans shall control. If applicable, Attachment 1—
Changes to Standard Community Facilities Agreement, Attachment 2— Phased CFA Provisions, and
Attachment 3— Concurrent CFA Provisions, are attached hereto and incorporated herein for all
purposes.
4.
Construction of Improvements; City Participation
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 specifications, the Engineering Plans, the Cost Estimates provided for the
Improvements, and this Agreement. Developer acknowledges that City will not accept the Improvements
until the City receives affidavits and lien releases signed by Developer's contractors verifying that the
contractors, and all subcontractors and material suppliers, have been paid in full for constructing the
Improvements, and consent of the surety on payment and performance bonds provided for the
Improvements. The City shall reimburse Developer for the City Participation after presentation of
proper documentation by Developer to the City that the Improvements have been constructed and
accepted by the City and all contractors and material suppliers have been paid.
City of Fort Worth, Texas Page 2 of 14
ILA for Construction of Community Facilities
Rev. 1/21
5.
Financial Guarantee
Developer has provided the City with a statement of appropriated funds as the financial
guarantee for this Agreement which guarantees the construction of the Improvements and payment by
Developer of all contractors, subcontractors, and material suppliers for the Improvements ("Financial
Guarantee").
6.
Completion Deadline; Extension Periods
This Agreement shall be effective on the date this Agreement is executed by the City's Assistant
City Manager ("Effective Date"). Developer shall complete construction of the Improvements and
obtain the City's acceptance of the Improvements within two (2) years of the Effective Date ("Term").
If construction of the Improvements has started during the Term, the Developer may request that this
Agreement be extended for an additional period of time ("Extension Period"). All Extension Periods shall
be agreed to in writing by the City and the Developer as set forth in a written amendment to this Agreement.
In no event shall the Term of this Agreement plus any Extension Periods be for more than three years.
7.
Failure to Construct the Improvements
(a) The City may utilize the Developer's Contractor's Payment and Performance Bonds to cause the
completion of the construction of the Improvements if at the end of the Term, and any Extension
Periods, the Improvements have not been completed and accepted by the City.
(b) The City may utilize the Developer's Contractor's Payment and Performance Bonds to cause the
completion of the construction of the Improvements or to cause the payment of costs for
construction of the Improvements before the expiration of the Term, and any Extension Period, if
the Developer breaches this Agreement, becomes insolvent, or fails to pay costs of construction.
(c) This section shall not limit the City's right to take further action, at law or in equity, if Developer
fails to construct the Improvements or pay all contractors and materials suppliers for the
Improvements.
8.
Termination
If Developer desires to terminate this Agreement before Developer's contractors begin
constructing the Improvements, Developer agrees to the following:
(a) that Developer and City must execute a termination of this Agreement in writing;
(b) that Developer will vacate any final plats that have been filed with the county where the Project
is located; and
(c) to pay to the City any costs incurred by the City for the City's inspectors to attend preconstruction
meetings.
City of Fort Worth, Texas Page 3 of 14
ILA for Construction of Community Facilities
Rev. 1/21
9.
Award of Construction Contracts
(a) Developer will award all contracts for the construction of the Improvements and cause the
Improvements to be constructed in accordance with the CFA Ordinance and state law.
(b) Developer will employ construction contractors who meet the requirements of the City to construct
the Improvements including, but not limited, to being prequalified, insured, licensed and bonded to
construct the Improvements in the City.
(c) Developer will require Developer's contractors to provide the City with payment and performance
bonds naming the City and the Developer as dual obligees, in the amount of one hundred percent
(100%) of the cost of the Improvements as required by the CFA Ordinance. The payment and
performance bonds shall guarantee construction of the Improvements and payment of all
subcontractors and material suppliers. Developer agrees to require Developer's contractors to
provide the Ciry with a maintenance bond naming the Ciry as an obligee, in the amount of one
hundred percent (100%) of the cost of the Improvements, that guarantees correction of defects in
materials and workmanship for the Improvements by the contractor and surety for a period of two
(2) years after completion and final acceptance of the Improvements by the City. All bonds must
be provided to the City before construction begins and must meet the requirements of the City's
Standard Conditions, Chapter 2253 of the Texas Government Code, and the Texas Insurance Code.
(d) Developer will require Developer's contractors to provide the City with 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 Ciry must be named as an additional
insured on all insurance policies. The Developer must provide the City with a Certificate of
Insurance (ACORD or form approved by the State of Texas), supplied by each contractor's
insurance provider, which shall be made a part of the Proj ect Manual.
(e) Developer will require the Developer's contractors to give forty-eight (48) hours' advance notice
of their intent to commence construction of the Improvements to the City's Construction Services
Division so that City inspection personnel will be available. Developer will require Developer's
contractors to allow construction of the Improvements to be subject to inspection at any and all
times by the City's inspectors. Developer will require Developer's contractors to not install or
relocate any sanitary sewer, storm drain, or water pipe unless a City inspector is present and gives
consent to proceed, and to a11ow such laboratory tests as may be required by the City.
(� Developer will not allow Developer's contractors to begin construction of the Improvements until
a notice to proceed to construction is issued by the City.
(g) Developer will not allow Developer's contractors to connect buildings to service lines of sewer and
water mains constructed pursuant to this Agreement, if any, until said sewer, water mains and
service lines have been completed to the satisfaction of the City.
(h) Developer shall ensure the contractors are paid the City's wage rates in effect during construction
of the Improvements.
City of Fort Worth, Texas Page 4 of 14
ILA for Construction of Community Facilities
Rev. 1/21
10. Utilities
Developer shall cause the installation or adjustment of utilities required to: (1) serve the Project;
and (2) to construct the Improvements required herein. City shall not be responsible for payment of 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 Improvements to be constructed pursuant to this Agreement.
11.
Easements and Rights-of-Way
Developer agrees to provide, at its expense, all necessary rights-of-way and easements required for
the construction and dedication to the City of the Improvements provided for by this Agreement.
12.
Liability and Indemnification
(a) DEVELOPER WILL REQUIRE ITS ENGINEER TO INDEMNIFY, DEFEND AND HOLD
THE CITY HARMLESS FOR ANY INADEQUACIES IN THE PRELIMINARY PLANS,
SPECIFICATIONS, ENGINEERING PLANS, AND COST ESTIMATES FOR THIS
AGREEMENT.
(b) TO THEEXTENTALLOWEDBYLAWAND WITHOUT WAIVINGANYGOVERNMENTAL
IMMUNITY UNDER TEXAS LAW, CITY AND DEVELOPER WILL EACH BE
RESPONSIBLE FOR THEIR OWNNEGLIGENCE.
(c) DEVELOPER WILL 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 INANY WAY CONNECTED WITH, THE
CONSTRUCTION OF THE IMPROVEMENTS 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, DEFEND, AND HOLD HARMLESS THE CITY
FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES SUFFERED BY THE CITY OR
CAUSED AS A RESULT OF SAID CONTRACTORS' FAILURE TO COMPLETE THE
WORK AND CONSTRUCT THE IMPROVEMENTS IN A GOOD AND WORKMANLIKE
MANNER, FREE FROM DEFECTS, IN CONFORMANCE WITH THE CFA ORDINANCE,
AND INACCORDANCE WITHALL PLANSAND SPECIFICATIONS.
13.
Right to Enforce Contracts
Upon completion of all work associated with the construction of the Improvements, Developer will
assign to the City a non-exclusive right to enforce the contracts entered into by Developer with its
contractors, along with an assignment of all warranties given by the contractors, whether express or implied.
City of Fort Worth, Texas Page 5 of 14
ILA for Construction of Community Facilities
Rev. 1/21
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.
14.
Estimated Fees Paid by Developer; Reconciliation
Prior to execution of this Agreement, Developer has paid to the City the estimated cost of
administrative material testing service fees, construction inspection service fees, and water testing lab fees
in the amounts set forth in the Cost Summary section of this Agreement. Upon completion of the
construction of the Improvements, the City will reconcile the actual cost of administrative material testing
service fees, construction inspection service fees, and water testing lab fees with the estimated fees paid
by Developer. If the actual costs of the fees are more than the estimatedpayments made bythe Developer,
the Developer must pay the difference to the City before the Improvements will be accepted by the City. If
the actual costs of the fees are less than the estimated payments made by the Developer, the City will refund
the difference to the Developer. If the difference between the actual costs and the estimated payments made
by the Developer is less than fifty dollars ($50.00), the City will not issue a refund and the Developer will
not be responsible for paying the difference. The financial guarantee will not be released by the City or
returned to the Developer until reconciliation has been completed by the City and any fees owed to the City
have been paid by the Developer.
15.
Material Testing
The City maintains a list of pre-approved material testing laboratories. The Developer must
contract with material testing laboratories on the City's list. Material testing laboratories will provide copies
of all test results directly to the City and the Developer. If the Improvements being constructed fail a test,
the Developer or its contractor must correct or replace the Improvements until the Improvements pass all
retests. The Developer or its contractor must pay the material testing laboratories directly for all material
testing and retesting. The Ciry will obtain proof from the material testing laboratories that the material
testing laboratories have been paid in full by the Developer or its contractor before the Ciry will accept
the Improvements.
16.
Notices
All notices required or permitted under this Agreement may be given to a party by hand-
delivery or by mail, addressed to such party at the address stated below. Any notice so given shall be
deemed to have been received when deposited in the United States mail so addressed with postage
prepaid:
CITY:
Development Coordination Ofiice
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
DEVELOPER:
Aledo Independent School District
1008 Bailey Ranch Road
Aledo, Texas 76008
With copies to:
City Attorney's Office
City of Fort Worth, Texas
ILA for Construction of Community Facilities
Rev. 1/21
Thomas E. Myers
Page 6 of 14
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
and
City Manager's Office
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
Brackett & Ellis, P.C.
100 Main Street
Fort Worth, TX 76012-3090
and
Satterfield & Pontikes, Inc.
6220 N. Beltline Rd. Ste.200
Irving, Texas 75063
Or to such other address one party may hereafter designate by notice in writing addressed and
mailed or delivered to the other party hereto.
17.
Right to Audit
Developer agrees that, until the expiration of three (3) years after acceptance by the City of the
Improvements constructed pursuant to this Agreement, that the City shall have access to and the right to
examine any directly pertinent books, documents, papers and records of the Developer involving
transactions relating to this Agreement. Developer agrees that the City shall have access during normal
working hours to all necessary Developer facilities and shall be provided adequate and appropriate
workspace in order to conduct audits in compliance with the provisions of this section. The City shall give
Developer reasonable advance notice of intended audits.
Developer further agrees to include in all contracts with Developer's contractors for the
Improvements a provision to the effect that the contractor agrees that the City shall, until the expiration of
three (3) years after final payment under the contract, have access to and the right to examine any directly
pertinent books, documents, papers and records of such contractor, involving transactions to the contract,
and further, that City shall have access during normal working hours to all of the contractor's facilities, and
shall be provided adequate and appropriate work space in order to conduct audits in compliance with the
provisions of this section. City shall give Developer's contractors reasonable advance notice of intended
audits.
18.
Independent Contractor
It is expressly understood and agreed that Developer and its employees, representative, agents,
servants, officers, contractors, subcontractors, and volunteers shall operate as independent contractors as to
all rights and privileges and work performed under this Agreement, and not as agents, representatives or
employees of the City. Subject to and in accordance with the conditions and provisions of this Agreement,
Developer shall have the exclusive right to control the details of its operations and activities and be solely
responsible for the acts and omissions of its employees, representatives, agents, servants, officers,
contractors, subcontractors, and volunteers. Developer acknowledges that the doctrine of respondeat
superior shall not apply as between the City and its officers, representatives, agents, servants and
employees, and Developer and its employees, representatives, agents, servants, officers, contractors,
subcontractors, and volunteers. Developer further agrees that nothing herein shall be construed as the
creation of a partnership or joint enterprise between City and Developer. It is further understood that the
City shall in no way be considered a co-employer or a joint employer of Developer or any employees,
City of Fort Worth, Texas Page 7 of 14
ILA for Construction of Community Facilities
Rev. 1/21
representatives, agents, servants, officers, contractors, subcontractors, and volunteers of Developer.
Neither Developer, nor any officers, agents, servants, employees or subcontractors of Developer shall be
entitled to any employment benefits from the City. Developer shall be responsible and liable for any and
all payment and reporting of taxes on behalf of itself, and any of employees, representatives, agents,
servants, officers, contractors, subcontractors, and volunteers.
The City, through its authorized representatives and employees, shall have the sole and exclusive
right to exercise jurisdiction and control over City employees.
19.
Applicable Law; Venue
This Agreement shall be construed under and in accordance with Texas law. Venue shall be in
the state courts located in Tarrant County, Texas or the United States District Court for the Northern
District of Texas, Fort Worth Division.
20.
Non-Waiver
The failure of the City to insist upon the performance of any term or provision of this Agreement
or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent
of City's right to assert or rely on any such term or right on any future occasion.
21.
Governmental Powers and Immunities.
It is understood that by execution of this Agreement, neither the City nor Developer, an independent
school district, waives or surrenders any of their governmental powers or immunities.
22.
Headings
The paragraph headings contained herein are for the convenience in reference and are not intended
to define or limit the scope of any provision of this Agreement.
23.
Severability
In the event that any clause or provision of this Agreement shall be held to be invalid by any
court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the
remaining provisions hereof.
24.
Review of Counsel
City and Developer, and if they so choose, their attorneys, have had the opportunity to review
and comment on this document; therefore any rule of contract construction or interpretation that would
normally call for the document to be interpreted as against the drafting party shall not apply in
interpretation of this Agreement, and each section, portion, and provision of this Agreement shall be
City of Fort Worth, Texas Page 8 of 14
ILA for Construction of Community Facilities
Rev. 1/21
construed solely on the basis of the language contained therein, regardless of who authored such
language.
25.
Immigration and Nationality Act
Developer shall verify the identity and employment eligibility of its employees who perform work
under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon
request by City, Developer shall provide City with copies of all I-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement. Developer shall adhere to all
Federal and State laws as well as establish appropriate procedures and controls so that no services will be
performed by any Developer employee who is not legally eligible to perform such services.
DEVELOPER'S CONTRACTOR SHALL INDEMNIFY CITYAND HOLD CITYHARMLESS FROM
ANYPENALTIES, LIABILITIES, OR LOSSES DUE TD VIOLATIDNS OF THIS PARAGRAPHBY
DEVELOPER, DEVELOPER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES.
City, upon written notice to Developer, shall have the right to immediately terminate this Agreement for
violations of this provision by Developer's contractor.
26.
Amendment
No amendment, modification, or alteration of the terms of this Agreement shall be binding unless
the same is in writing, dated subsequent to the date hereof, and duly executed by the City and Developer.
27.
Assignment and Successors
Developer shall not assign or subcontract all or any part of its rights, privileges, or duties under this
Agreement without the prior written consent of City. Any attempted assignment or subcontract without the
City's prior written approval shall be void and constitute a breach of this Agreement.
28.
No Third-Party Bene�ciaries
The provisions and conditions of this Agreement are solely for the benefit of the City and
Developer, and any lawful assign or successor of Developer, and are not intended to create any rights,
contractual or otherwise, to any other person or entity.
29.
Compliance with Laws, Ordinances, Rules and Regulations
Developer, its officers, agents, servants, employees, and contractors, shall abide by and comply
with alllaws, federal, state and local, including all ordinances, rules and regulations of City. It is agreed
and understood that, if City calls to the attention of Developer any such violation on the part of Developer
or any of its officers, agents, servants, employees, or subcontractors, then Developer shall immediately
desist from and correct such violation.
30.
Signature Authority
City of Fort Worth, Texas Page 9 of 14
ILA for Construction of Community Facilities
Rev. 1/21
The person signing this Agreement on behalf of Developer warrants that he or she has the legal
authority to execute this Agreement on behalf of the Developer, and that such binding authority has been
granted by proper order, resolution, ordinance or other authorization of the entity. The City is fully entitled
to rely on this warranty and representation in entering into this Agreement.
31.
Counterparts
This Agreement may be executed in multiple counterparts, each of which will be deemed an
original, but which together will constitute one instrument.
32.
Entire Agreement
This written instrument, together with any attachments, exhibits, and appendices, constitutes the
entire understanding between the City and Developer concerning the work to be performed hereunder, and
any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall
be void.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
City of Fort Worth, Texas Page 10 of 14
ILA for Construction of Community Facilities
Rev. 1/21
33.
Cost Summary Sheet
Project Name: Aledo Middle School #2
CFA No.: CFA20-0149
Items
A. Water and Sewer Construction
1. Water Construction
2. Sewer Construction
Water and Sewer Construction Total
City Project No.:
De�eloper's Cost City Cost
$ 35,344.80 $158,656.20
$ 35,344.80 $158,656.20
Total Cost
B. TPW Construction
1. Street
2. Storm Drain
3. Street Lights Installed by Developer
4. Signals
TPW Construction Cost Total
Total Construction Cost (excluding the fees):
Estimated Construction Fees:
C. Construction Inspection Senrice Fee
D. Administrative Material Testing Sen�ice Fee
E. WaterTesting Lab Fee
Total Estimated Construction Fees:
$194,001.00
$194,001.00
$ -
$ -
$ -
$ -
$ -
$ 35,344.80 $158,656.20 $194,001.00
$9,310.00
$2, 058.00
$9,310.00
$2,058.00
$46,712.80 $158,656.20 $205,369.00
Choice
Financial Guarantee O tions, choose one Amount Mark one
Bond = 100%
Com letion A reement = 100% / Holds Plat
Cash Escrow Water/Sanita Sewer= 125%
Cash Escrow Pa�in /Storm Drain = 125%
Letter of Credit = 125%
Statement of A ro riated Funds Government Entit Onl X
City of Fort Worth, Texas Page 11 of 14
ILA for Construction of Community Facilities
Rev. 1/21
IN WITNESS WHEREOF, the City and Developer have each executed this Agreement by their
duly authorized signatories to be effective on the date executed by the City's Assistant City Manager.
CITY OF FORT WORTH
a�� 8��4i���
Dana 6urbadoff (Mar25, 20 1627 CDT
Dana Burghdoff
Assistant City Manager
Date: M a r 25, 2021
Recommended by:
�ve�i� R�6e�t�
Evclyn obcrts(Mar25,202109:18CDT)
Evelyn Roberts/Jennifer Ezernack
Project Assistant
Planning and Development
Approved as to Form & Legality.•
�z
Richai d A. McCracken (Mar 25, 2021 09:53 CDT)
Richard A. McCracken
Sr. Assistant City Attorney
M&C No. 21-0161
Date: 3/2/21
Form 1295: N/A
ATTEST:
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Mary J. Kayser/ Ronald Gonzales
City Secretary / Assistant City Secretary
City of Fort Worth, Texas
ILA for Construction of Community Facilities
Rev. 1/21
DEVELOPER
Aledo Independent School District
��G h` h`��'eG�
Earl H. Hus�202119:15 CDT)
Name: Earl H. Husfeld, CPA
Title: Chief Financial Officer
Date: Mar23,2021
Contract Compliance Manager:
By signing, I acknowledge that I am the person
responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
T�nie Scd✓left Mordles
Janic Scarlett Morales (Mar25, 2021 0920 CDT)
Name: Janie Scarlett Morales
Title: Development Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
The following attachments are incorporated into this Agreement. To the extent a
contlict exists between the main body of this Agreement and the following attachments, the
language in the main body of this Agreement shall be controlling.
Included Attachment
� Attachment 1- Changes to Standard Community Facilities Agreement
❑ Attachment 2— Phased CFA Provisions
❑ Attachment 3— Concurrent CFA Provisions
X❑ Location Map
❑ Exhibit A: Water Improvements
� Exhibit A-1: Sewer Improvements
❑ Exhibit B: Paving Improvements
❑ Exhibit B-1: Storm Drain Improvements
❑ Exhibit C: Street Lights and Signs Improvements
❑ Cost Estimates
(Remainder of Page Intentionally Left Blank)
City of Fort Worth, Texas Page 13 of 14
ILA for Construction of Community Facilities
Rev. 1/21
ATTACHMENT "1"
Changes to Standard Community Facilities Agreement
City Proj ect No. 103119
In the body of the agreement.
City of Fort Worth, Texas Page 14 of 14
ILA for Construction of Community Facilities
Rev. 1/21
i
N.T.S.
CPN 103119
Mapsco No. 761 A/ 761 B
Aledo I.S.D.
1008 Bailey Ranch Rd.
Aledo, Texas 76008
Sanitary Sewer
Improvements
to se rve
Aledo Middle
School #2 Addition
teague nall & perkins
5237 N. Riverside Drive, Suite 100
Fort Worth, Texas 76137
817.336.5773 ph 817.336.2813 fx
TBPE Registration No. F-230
www.tnpinc.com
(SHEET 1 OF 2)I
DATE: JAN 26, 2021
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Sanitary Sewer
Improvements
to serve
Aledo Middle
School #2 Addition
LEGEND:
PROPOSED SANITARY SEWER
— — — EXISTING SANITARY SEWER
teague nall & perkins
5237 N. Riverside Drive, Suite 100
Fort Worth, Texas 76137
817.336.5773 ph 817.336.2813 fx
TBPE Registration No. F-230
www.tnpinc.com
(SHEET 2 OF 2)I
DATE: JAN 25, 2020
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DAP-BID FkOPOSAL
Fa;e I of I
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Projut Item Information Bidder's Proposal
Bidlistlrem SpeciYication Unitof Bid
No. Desniption Section No. Measure Quantiry Unit Price Bid Value
UNIT I: WATER IMPROVEMENTS
TOTAL UNIT I: WATER IMPROVEMENTS
UNIT II: SANITARY SEWER IMPROVEMENTS
1 024t2001 Sanitary Line Grouting 02 41 14 CY 4 $ 195.00 $ 780.00
2 0241.2202 Remove 5' Sewer Manhole 02 41 14 EA 2 $ 1,000.00 $ 2,000.00
3 3301.0002 Post-CCTV Inspection 33 01 31 LF 935 $ 1.00 $ 935.00
4 3301.0101 Manhole Vacuum Testing 33 01 30 EA 5 $ 170.00 $ 850.00
5 3305.0109 Trench Safety 33 05 10 LF 935 $ 1.00 $ 935.00
6 3305.0112 Concrete Collar 33 05 17 EA 6 $ 250.00 $ 1,500.00
7 3305.0202 Imported EmbedmenVBackfill, CSS 33 05 10 CY 422 $ 70.00 $ 29,540.00
33 11 10
8 3331.4115 8" Sewer Pipe 33 31 12 LF 35 $ 45.00 $ 1,575.00
33 31 20
33 11 10
9 3331.4308 21" Sewer Pipe 33 31 13 LF 900 $ 120.00 $ 108,000.00
33 31 20
33 31 21
10 3339.0001 Epoxy Manhole Liner 33 39 60 VF 65 $ 150.00 $ 9,750.00
11 3339.1001 4' Manhole 33 39 10 EA 1 $ 3,200.00 $ 3,200.00
33 39 20
12 3339.1003 4' Extra Depth Manhole 33 39 10 VF 7.4 $ 200.00 $ 1,480.00
33 39 20
13 3339.1101 5' Manhole 33 39 10 EA 3 $ 4,800.00 $ 14,400.00
33 39 20
14 3339.1102 5' Drop Manhole 33 39 10 EA 1 $ 5,200.00 $ 5,200.00
33 39 20
15 3339.1103 5' Extra Depth Manhole 33 39 10 VF 41.6 $ 285.00 $ 11,856.00
33 39 20
16 9999.0001 Connect to Existing Manhole EA 1 $ 2,000.00 $ 2.000.00
TOTAL UNIT II: SANITARY SEWER IMPROVEMENTS $194,001.00
UNIT III: DRAINAGE IMPROVEMENTS
TOTAL UNIT III: DRAINAGE IMPROVEMENTS
UNIT IV: PAVING IMPROVEMENTS
TOTAL UNIT IV: PAVING IMPROVEMENTS
UNIT V: STREET LIGHTING IMPROVEMENTS
TOTAL UNIT V: STREET LIGHTING IMPROVEMENTS
UNIT VI: TRAFFIC SIGNAL IMPROVEMENTS
TOTAL UNIT VI: TRAFFIC SIGNAL IMPROVEMENTS
Bid Summary
UNIT II: SANITARY SEWER IMPROVEMENTS $194:001
Total Cnnstructinn Bid $194,001
This Bid is submitted by the enti[y named belnw:
BIDDER: Southern Mechanical Plumbing, Ina BY:
G'��
TITLE: Gacy R. S�e on, President
DATE: 2/9/2021
Con[rac[ur agrees [u complete WORK for FINAL ACCEPTANCE wi[hin 30 working days afler [he da[e when [he
CONTRACT cummencrs tu run as provided in the General Condifiuns.
END OF SECTION
CITV OF FOkT WOkTH
STANDAkD CONSTRUCT[ON SPEC[F[CATION DOCUMENTS - DEVEIAPER AW ARDED PROIECTS
Foim Venion May 22, 2019 1281_CFA l;ni� Cosu_V�iblic Sewer_revised 020921.x1s
City of Fort Worth,
Mayor and
DATE: 03/02/21
Texas
Council Communication
M&C FILE NUMBER: M&C 21-0161
LOG NAME: 60ALEDOMSSEWER
SUBJECT
(CD 3) Authorize Execution of an Interlocal Agreement with Aledo Independent School District, with City Participation in the Amount Not to Exceed
$222,928.00 for Oversizing an 8-Inch Sewer Main to a 21-Inch Sewer Main for Future Anticipated Growth in the West Side of Fort Worth and to
Serve the Aledo Middle School No. 2 and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of an Interlocal Agreement with Aledo Independent School District, with City participation in the amount not to exceed
$222,928.00 to oversize an 8-inch sewer main to a 21-inch sewer main for future anticipated growth in the west side of Fort Worth and to
serve the Aledo Middle School No. 2 project; and
2. Adopt the attached appropriation ordinance adjusting receipts and appropriations in the Water and Sewer Bond 2020A Fund by decreasing
receipts and appropriations in the Unspecified project (City Project No. UNSPEC) in the amount of $222,928.00 and increasing receipts
and appropriations in the Community Facility Agreement Bucket programmable project (City Project No. P00001) by the same amount to
fund the Interlocal Agreement —Aledo Middle School No.2 project (City Project No. 103119).
DISCUSSION:
Aledo Middle School (Developer) is constructing the Aledo Middle School development located in west Fort Worth. The Water Department would
like to cost participate to oversize an 8-inch sewer main to a 21-inch sewer main in west Fort Worth to serve the Aledo Middle School
Development and future development. The calculation to determine cost participation is based on capacity. The Water Department will contribute
84.6% of the construction cost and the developer's contribution is 15.4%. The Water Department has also requested the developer to "abandon/fill
existing sanitary sewer main" and will contribute 100% of the construction cost. The Aledo project is assigned City Project No. 103119 and Accela
System Record IPRC20-0159.
Aledo Independent School District (ISD) has publicly bid the project. The City participation in the construction cost of the 21-inch sewer mains is
estimated to be in an amount not to exceed $222,928.00 as shown in the table below:
A. Sewer Line Developer's City's Cost Total Cost
Construction Cost
1. Sewer $32,180.04 $193,850.19 $226,030.23
Total Construction $32,180.04 $193,850.19 $226,030.23
15% Contingency (City) $0.00 $29,077.53 $29,077.53
00
B. Construction Inspection $18,375.00 $0.00 $18,375.00
Fee
C. Material Testing Fee $2,058.00 $0.00 $2,058.00
D. Water Testing Lab Fee $0.00 $0.00 $0.00
�0
Total Water and Sewer $52,613.04 $222,927.72 $275,540.76
Project Cost
The reimbursement of the participation, excluding inspection, and material testing fees, is not a lump-sum amount and may be less than the stated
amount depending upon the actual quantities and unit prices from the Notice of Final Completion package, commonly referred to as the Green
Sheet package.
This development is located in Council District 3.
A Form 1295 is not required because: This contract will be with a governmental entity, state agency or public institution of higher education: Aledo
Independent School District
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Unspecified - All Funds project within the Water & Sewer Bond 2020A
Fund and upon approval of the above recommendation and adoption of the attached appropriation ordinance, funds will be available in the Water
& Sewer Bond 2020A Fund for the CFA Bucket project to support the approval of the above recommendation and execution of the agreement.
Prior to an expenditure being incurred, the Water Department has the responsibility of verifying the availability of funds.
Submitted for City Manager's Office b� Dana Burghdoff 8018
Originating Business Unit Head: Chris Harder 5020
Additional Information Contact: Soon Wong 8369