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Home My WebLink AboutContract 28158, � ��1��1 L��r�1��N��.`IGj : 1 �� THE STATE OF TEXAS. §; ��,-,. � City Secretary � , COUNTY OF TARRANT § Contract No. WHEREAS, Ailen Samuels Realty Inc•, hereinafiter called "De�eloper", desires to make c�rtain improvements in Allen Sam�aels Dodae, an addition fo the City of Fort Worth, Texas on nortl� I-35; and WHEREAS, ihe said De�efoper has requested the City of Fort Worth, a municipal carporation of Tarra�� a�d Denton Co�anties, Texas, hereinafter called "City", to do certain work in connection with said improvem�n�s; NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That said Developer, acting herein by and through Jeff A. Woolev, its duly authorized 5ecretary and the City, acting herein by and through ifs duly aut�orized AssEstant City Manager, for and in cons�deratio� of the ca�enants anci conditions containeci her�in, do h�reby agree as follows: . . � ��' �� . � SECTION QNE COMMUNfTY FACILITIES AGREEMENT to install WATER AND SEWER SERVECES for ALL�N ��►I�U�LS ��C�1� �D�l�iBfV A. The City agrees to permit t�e Developer to let a contract �'or, in accordance wifh its accepted practices, ordinances, regulations, and the provisio�s af the City Charter, and subject to ft�e requirements of the City's Charter, and sub�ect to the requirements o�' the City`s Po�icies anc! Regulations for Installafion af Community Facilities, alf as current at the time of instapafion: �41�i�� /�CILIil�S, serve the lo�s as shown on the aftached Exhibif A, anc{ SAiVI��►RY S�IIV�R F�CI�I�'1�5 to serve the lofs as shown on the attached Exhibii �e�1 alf in accordance with plans and specifications to be prepared by private �ngineers employed by the Developer and appro�ed by the Water Department. B. T�e City agrees to a�low the De�eloper ta install, at his expense, at the �ime all other water mains in this addition are ins�alled, a service line for each lot as shawn on the at�ached Exhibif A. The estimated cost of these service lines is $�,�a0. The City agrees to record the location of each said service line in respecf to the corner of the lot served, and to retain said records in its possession. C. The construction cost af the water facilities herein concerned, exclusive ot service lines and engineerir�g is estimated to be iwo Hundred Nine�v4 �even ihousand. iwo bundred �'hirteen, Dollars {��97.2'i3} . D. The City agrees to allow the De�efaper to insta�l, at his expense, at the. time all other sar�itary sewer mains in this additian are �nstalled, a service line tor each fof as shown on the attached Exhibit �`� . The es�ima#ed cost of these service lines is $ 0. The Cify agrees to r�corcf the location of each said service line in respect to the corr�er of t�e lot served, and to retain said records in its possession. E. The construction cos# of the sanitary sewer facili�ies to be installed hereunder, exclusive of service lines and engineering, is estimated �o be Six�een ihousand. Seven Hundred Dalfars ($96.iQQ), , ... , . , .�� , � T� � , . �� . .,, , , � , ��JI�Ci i�A�fi�: �el�L,�R� SA�U��S DODC� A��i�'�ON F. Prior to ailowance of the construction cnntraet by Developer, the De�efaper agrees to provide accepfiabie financial guarantee io the city for � 00 percenf of the cons�rucfion costs along with payment of any Ordinance costs and fees that are applicable. Prior to the award of the constructio� cvntract by the City or the commencing of any work by the City or its contractors, #he De�eloper agrees to pay ta t�e City: (1) (a) One Hundred percent (100°l0) vf the Developer's cost af a�l water and sanitary sewer �€aci�ities wifihin the development, exclusive of engineering and service costs, sized to provide water and sanitary sewer service within the development. (b�One hundred percenf ��00%) of tF�e De�reloper's cost of afl approach wa#er and sani#ary sewer facrlities outside the iimits af the de�elopment sized ta pro�ide water and sanitary sewer servEce to the development. (c) One hundred percent (� 00%j of the Develaper's cost of any approach water main facility or water faci�ity wifhin �he development ti�af is 8-inches in size for non-incfustriai development and 12-inches in size for industrial de�elopment. (d}One hundred percent (10�%} of fihe De�eioper's cost of any approach sanitary sewer main �acility or sanit�ry sewer facility witf�in the de�elopment thaf is 8-inches in size. {2) An additional t�n percer�t (� Q%) of t�e totai of the Deveiopers cost of these water and sanitary sewer �Facilities, exclusi�e of cost of service lines, is r.equired �or design engEneering if s�ch engineering is performed by ihe Ci�y at fhe Dev�eloper's requesfi. (3) On� hundred percent ('!00%) of t�e De�eloper's cost o�' all service lines, esfimated under 1-B and 1-D above, in accordance wit}� the provisions of fhe c�arrenfi Fort VllortF� City Code. (4} A canstruction Inspection Fee equal to two (2%) of the Developer's actual cost share of the construc#ion cost {including all services) of the water and/or sanitary sewer facili�ies. G. The distribufion of estimafed construction cost between fhe City and the De�eloper, as per paragraph 'i -F above, for all wafer and sanitary sewer facilities to be constructed heret�nder is estima�ed as follows: , . �, I-2 , ' `�,; , �. � , �� ,� � , , , �ROJ�Ci {rl�eA��: ,��N SAEV�UEL� �� f�DDITION (1) W�,T�� A�IL�il�S : Estimated *'" Developer Estimated Total C05t Clt]/ COSt C05t {a) Mains, Wifhin Develapment $ 'I92,234 $ . 104,979 $ 297,213 Approach $ -0� $ -0�- $ -Q- (b) Easements"" � �a- � _a- � _Q_ (c} Services 1-3" Meter & Vauft $ 7,Q00 $ -0- $� 7,QQQ 1-2" Meter& Box $ 1,500 $ -0� $ 1,500 (d)Park Participatian $ -p- $ -D- $ -0- Sub-Totais, Water $ 200,734 $ 904,979 $ 305,713 {2) S�N1��4�Y SEFlV�R ��4CIL1iI�S: (a) De�elopment $ 1 G,700 Approach $ -0- (b) Easements * $ -0- (c) 5ervices ( 0 -4") $ -0- (d)Park Participation $ -0- Sub-Totals, Sewer $ � 6,700 (3) T�T�� C�[�SiRUC�iBiV COSi: $ 2'i 7,434 (4) COi�S`i�U��lQR �iV��CiIOR� �� : $ 4,349 �'to be dedicated by fhe developer. �'� see Page I-4 for City Cost $ $ $ $ $ � -0- -o- -D- -0- _p_ -D- $ � 6,700 � -o- � -a- $ -0- $ -0� $ 1 fi,700 $ 9 04,979 $ 322,413 $ 2,'f 00 $ 6,449 � , T-3 r� � � ' � � ** GITY PARTiCIPAiION �REAK�DOW�I FOR: �ROJ�Ci NA�lI�: r4LLEP1 SAi�LI�� OD�E r4D�liI�N WATER VALVE COST SNARE (De�eloper pays for 12" water pi�e ar�d gaie val�es. The City pays for 9 6"112° and 24"112" water pipe and gafie �alves. 16"112" water pipe ($4D-$26) 2,275 L.F. x $14 = $ 31,�50 24"/12" water pipe {$53.25-$26} 375 L.F. x $27.25 = $ 10„�19 36"12�4" water pipe bore ($3fi0-$263) 365 �..F. x $97 = $ 3�,4a� 16"112" water valve ($6,587-$1,223) 2 EA, x $5,364 = $ � 0,��8 24"/� 2" water vairre ($18,OD0-$'I ,�23) 1 EA. x $16,777 = $ 16,l�! $ 'I 0�,979 The cast difference is based on estimate only. ro�r,�� ci�v ��e��ci��ri�� r��-r�� r�� o � � o4,s�g - __ - � ,. . � ,, , I-4 r� ,� � , r ' , ' l�Vater and Sewer Cify �ariicipa�ion CF�4 Ordinance Uni� �rices WATER Pay Item Unit �escripEion 1 LF 6" Water Pipe 2 LF $° Water Pipe 3 LF 10" Wafer Pipe 4 LF 12" Water Pipe 5 LF 16" Water Pipe 6 �A 8" Gate Valve wlGast Iron box & Lid 7 EA 10" Gate Valve wlCast Iron box & Lid 8. EA 12" Gate Valve wlCasf Iron bax & Lid 9 EA 16" Gate Valve wlCast �ron box & Lid 10 TN Casi Iror�IDuctile Iron Fittinqs Install 1" Air & Vacuum R�lease Valve 19 �A wNault Instafl 4" blow-Off w14" Ga#e Val�e & � 2 EA 5um� Manhole I S�W�R � IPay ftem Unit �escriptian � � � LF fi'" Sanitary Sewer Pipe � 2 LF 8" Sanitary Sewer Pipe 3 L.F 10" Sanitary Sewer Pipe 4 LF 12" Sanitary Sew�r Pipe 5 L.F 15" Sar�itary Sewer pipe � 6 LF 18" Sanitary Sewer Pipe � i LF 21" Saniiary Sewer Piqe � 8 �F 24" 5anita'ry 5�wer Pipe I 9 EA 5tandard 4' Diamefer Manhole � 10 �A Standard 5' Diameter Manhole I�5 Unit Price irom Developer's Projects $ 15.00 $ 17.OQ $ 24.00 $ 26.00 $ �ED.00 $ 676.00 $ 1,182.00 $ 1,223.00 $ 6,587.00 $ 2,989.00 $ 3, 534..Op � $ 3,824.OQ I Unit Price iram Developer's Prajects $ 24A0 - - $ 25A0 $ 26.00 $ 27.Q0 $ 28.QD $ 38.00 $ 45.Dp $ �8.00 $ � ,293.00 $ 3,125A0 � _ .. PF�DJ�C f f�All�I�; ALL�� S�oNYU�L� D�D�� A��1�181V H. The abo�e charges do not include any front foot charges for connect�on to existing or proposed water ancf/or sanitary sewer mains constructed or fo be consfr�cted under �he �rovisior�s of the "APPROP,CH MAIN OPTION" as described in Sectian �I! of the Po�icy for �he "INSTALLATION OF COMMUNITY FACILITlES" adapted in April 2001. These additional charges are as foflows: 1. Applicable ta this Contract in the �mount of $ N/A. by Con#ract No. NIA Applicable CFA Name Date: NIA cfated NIA NIA Number N/A I. WF�en wa#er facilities are installed by contract, installation of water ser�ices will be included as �art af fhe confiract. InsialEation of ineter boxes on those services may be done by the City, af�er com�letion of cons#ruction of alf refative curb and gutter work on fihe water facil�iies projecf site, at a cost of $701$135 per contract-ins�alled charge to be due and payable prior to issua�c� of a Work Order on the water facilities insta[lation confract. Th� above charges do not apply if fhe Developer elects to include meter box installation as �art af the contract. However, meter boxes must confiorm City standards. J. Within a reasonabfe time after compie�ion of th� above referenced faci�ities to be constructed �y contract aw�arded by the Developer, provided al� conditions for City pa�ticipafion have been met, the Cify agrees to pay tY�e Developer #he "Estimated City Cost" sef aut in 1-G abo�e; pravided, however, �hat said payment shall be calculated �tsing the actual construction costs and actual service costs iander the pro�isions of th� c�arrent Fori Worth Ci�y Code, (said �ayme�t fo be calc�lated as in 1- � G a�ove), based ort actual quanti#ies as reffected in the final esfimate paid to fhe Contractor by fihe Developer and on the actua� records ofi cost kep# by the City as a part ofi its customary pracedures. In fihe event the di�Ference in the de�asi# and the actual costs exceeds $25, Developer agrees to pay to tF�e Cifiy and und�rpaymenf wl�ich said adjustment mig�t Endicate as being due, and the City agrees to pay ta Developer any o�erpayment. I-6 �, , �� , �ROJ�C� N/�IiAF: ALL��' �Af�lJ�LS f�ODC� ADDITI�P! K. Work hereunder shafl �e completed within two (2) years from date hereofi, and it is understoad #haf any �bfigation on the' part of' the City to make any refunds with respect �o water and/or sanitary sewer facilities shalf cease upon fhe expirafiion of two {2) years from da�e hereof, except for r�funds due from "front toot cha�ges" on water and sanitary sewer mains, which refunds may continiae fo be made for a period of ten (1 a} years commencing on the date that approach mairts are accepted by the Direc#or. If fess tnan 70% af the eligible coflections due to the developer has been collected, the Developer may request in writing an extens�on of up to an additional 1� years for collection of front charges. In the event water andlor sanitary sewer facilities warh is no# com}�leted within the (2) year periad, City may, at its election, complete such work at Developer`s ex�aense. �. !t is further agreed and understood that any addifiional payment requ�red of D�veloper is fo caver onfy such additional work andlor maf�rials as may be made necessary by conditions encountered during construction, and shall not includ� any change in scope of t�e project. RECOMMENDED: .� r Dale A. Fisseler, P.E. Water Direcfor � � 6��a�/ Date ;� , I-7 � . . .,. APR-01-20�2 13�05 � �i�' �� s Y� �� 'y, � i , . � � �\ � ✓ � r�� wA�c�� P.�3 . r F - ., .. ^ � . �� ! � � �,� � �~°--� _ � _ � �� 1 � �� ,,.-� �\ � -- � , -- � �� 4� e�1 L� q� e�1 �' -� - „ �� . FNI DA�LAS ' �,�� As� � �!? �� Wi�T�lN� r CCT1f @� F��T W�F�T� �16F�l�I� A ��AL� 1'��D�' -- I f ,� �� W ., — � ��- --�- 1+�C�?-Ex a.� . � 3-49-0'► '� 9G1LE .1 �' -. — ,� ��n -�� f APR—�1-2002 13�05 � � — — -- t�-----'�, � FNI DALLAS � --- ,. �-- —t—„ P.O� � �� e� '�'�u.a n`��r..��e .w � e� � 7f+�.� �ITY �� T IM��,1 �Hl�li A� SCAI� 5 �-1(� ` "''�+�ay x�a Hu.` ' � �'� �ur�-�c '� � �-��-�2' l�1 ,� �� , z — oEs�cwEp — � _ ,� � MAluf ��w� e f'9��Kls�lYl�lV� I"0 ��n�� ui��n��rs A. I# is agre�d and understood by the parties hereto that ihe de�elaper shal! employ a civif engineer, ficense� to practice in fhe State of Texas, for #he design and preparation of pians and s�ecifications for the construction of a!I currenf improvements covered by this cantrac�, subject to Paragraph B. B. In the event the developer employs his awn engineer to pre�are plans and specifications for any or all current impravem�nts, the plans and specifications so prepared shall be subject to appro�al by the depariment ha�ing jurisdiction. Or�e (1) reproducible set of plans with 16 prinis and 6 speci�ications for each facility shall be furnished #he cfepartment having jurisdiction. It is agreed and understood #hat �n fihe event of any disagreement on the plans and specifications, the decision of the Transportation/Pub�ic Works Department Direcfor, andlor Water Department Directorwill be fnal. - C. It is further agreed and understood by the parties herefo that upon accepfance by the Gity, �itle fo all facilifies and impro�ements mentianed hereinabo�e shall be vested at all #imes in the City of Fart Wor�h, and developer here�y refinq�ishes any right, tifle, or inieresf in and to said facilities or any part heteofi. D. If is further agreed thaf the decision of the City to not collect f�nds for "future improvements" required in pre�ious CFA agreements does not canstitute an obfigation on the par� of ih� City to construct such "future improuements" at its expense. E. Work hereur�der shall be completec! within two (2) years firom date hereof, ar�d it is understaod that any obligation on the part of the C�ty to make arty refunds with respect ta water andlar sanitary sewer facilities shall cease upon th� expiration of two (2) y�ars from date hereof, except for refunds due from "front foot charges" on water and sanitary seuver mains, which refunds may continue to be made for a }�eriad of ten (10) years commencing on the clate that ap�roach mains are accep�ed by the Director. If less fhan 70% of the eligible co�lections due to �he de�eloper has been collected, fhe Developer may r�quest in writing an extension of up to an additional 10 years for collection of front charges. If the construc#ion under ti�e Cammunity Facilities Contract shall ha�e started within �he two-year period, the life of the Community FacilEties Contract sha11 be extended for an additional one-year period. Community Facility Contracts not completed within the time periods siated above wil! require renewal of the contract with ali update� agreemenfs being in 1 com�liance wifh the policies �n effect afi the time of such renewal. Developers must recognize that Ci#y funds may nof be a�ailaf�le to pay all or a por�ion of the normal City share for renewal contrac�s. It mus# be understood by al� parties to the Community Facifties Con�ract #hat ar�y of the faciii�ies ar requirements inclUded in the cvn#raet that are to be p�rfiormed by fhe develpper, but not perFormed by the developer within the time period`s stated above, may be completed by fihe Cify a� the developer's expense. TF�e City of Fort Worth shall nofi be obligated fio make any refunds due to the cleveloper on any facilitias constructed under th�s agr�ement untif all provisions of ihe agreemen� are fulfilled. F. PERFORMANCE A�1D PAY�VlENT GUARANTEES 1. For IlVafier and Sani�ary aewer Faci�ities: Perfarmance and paymen� �onds, or cash deposits, acceptable to the City are required to be furnished by the developer for the ins#alfation of water and sanitary sewer facilities. a. Where the developer lets the construction contract for water and saniiary sewer facilities, performance and payment bonds shall he i�epasited, in the amount of one hundred percent (1�Q%} of the estimated cost of construction, cash deposited shal! be in the amaunt of one hundred twenty-five percent (12�%), as stated in the construcfion contraet, is required to be furnished simulfaneous wit� execution of #he canstruction contract. b. WF�ere the City lets th� confiract, performance and payment bonds sha�l be deposited, in t�e amount of one hundred percent (1 DO%} of tf�e estimafed cosf af constructfon as stated in the construction contract, is required prior to issuance of a work order by the Cify. 4. ivpes oi �uaranfees: a. Deveiaper Bonds: Are required for the construefiion of water and/or sewer, the fallovfring terms and conditions shall apply: (1 } TF�e bonds will be standard de�veloper bonds pro�ided by a licensed surefy company on forms furnished by that surefy compar�y. � �2} The bands will be subject ta the review and approva] by the CEty Attorney. (3} The bond s�alf be paya�l� to #f�e City and shall guarantee perFarmance of �he wa��r a�d sewer construction contemplated under this contract and shal� guarantee payment for ail fabar, materia�s and equipment furnished in connection with �he water and sewer constr�ction contemplated unc�er this contract, (4) ]n order far a surety company fo be acceptabEe, the name of the surety st�ali be included an the currenfi U.S. Treasury list of acceptabie sureties, and the amount of bond written by any one accep#able company sha[I not exceed the amaunt shown on the Treasury list for that company. b. Cash Deposits: A cash deposit shalf be acceptabfe witi� verification and such depasif shal! be m�de to the City of Fort Wor�h. 7he City of Fort Worth wiil not pay interest on any such cash d�posit. (1) The cash depos�t shail be adj�sted fo one hundred twenty five percent �125°l0) of the actual bid price. No contract shafl be awarded and no work orde�- shaN be issued ur�til such adjustment is made. (2} When a cash deposit is made, the additional fiwen�y-five percent (25%} beyond the one hundred percent {'100%) of the estimated de�eloper's share represents additional funds for change orders during the course af the projeci. This twenty fve percent (2�°/a) sha[I be considered the develaper's change order funcl. c. �scrow Pledqes d. Piedae Aareements e. �etters of Credit f. Completivn Apreemer�ts �. �urpose, ierm and Renewa! of Cuaranfees: a. DeveEoper bonds, and cash d�posits furnished hereunder sha11 be for fhe purposes of guaranteeing satisfactory compliance by the deveiopet- wifh ail requirem�nts, #erms and conditions af this agr�eme�t, including, but not fimited to, fhe satisfactory com�letion of 3 � the improvemen�s prescribed herein, and the ma�Cing of payments to any person, firm, corparatFot� or o�her entity with whom #he de�eloper has a direct contractuaf relationship for the perfo�mance of work �ereunder. b. Developer shall keep said deveioper �onds, andlor cash de�osits in fulf force and effect ur�ti! such time as d��eloper has fully compfied wifh the terms and conditians o� this agreement, and failure to keep same in force and efFect sha�l constitute a de�atal� and breach of this agreemen�. H. The City shall assume its share of tF�e cosf of the impro�ements co�ered by this agreement afang with the engineering fee o�ly if �unds are a�ailable for such participation. In #he event that no funds are avaiEable for City partic�pation, fhe de�eloper shall award the contract and deposif with the City a de�eloper bo�ds or cash for 100 percent ofi the estimated total consfiruction cost of the improvemen#s [plus ten percen� (25°/a} for �ngineering and miscellaneous costs if the Ci#y prepares the plans]. On all facilifiies included in this agreement for which the develaper awards its own construction contract, fhe de�eloper agrees to fo[low the following pracedures: 1. If t�e City parficipates in the cost of the facilities, the construcfiion contract must be advertised, bid and awarded in accordance with �tate statutes prescribing the requirements for the let�ing of contraets for the consfiruction of public work. This includes acfvertising in a local newspaper at least twice in one or more newspapers af genera! circulafion ir� the county or counties in which th� work is to be performed. Ti�e s�cond publication must be an or before fhe ient� (9 Oth) day before the first c�ate bids may be submitted. The bids must be opened by an officer or employee of the City at or in a� office of fhe City. 2. To employ a construction contractor, who is approved by the Director of the Department having jurisdiction over the �acili�y to be so constructed, said contractor to meet City's requiTements for being insured, licer�sed and bonded to do work in {�ubfic right of way. 3. To require the contractor ta furnisf� ta fihe Ciiy payment, p�rFormar�ce and maintenance bonds in the names of the City and the developer for o�e huncfred percent (1 QQ%) of the contract price ofi fhe facility, said �onds to be furnis�ed before work is commence. Deve�oper further shall require the 4 0 contrac�or to provide public liability insurance in ti�e amaunts required by the City's specificafions co�ering t�at particular work. 4. To give 48 hours notice fo the c�epar�ment having jurisdiction of in�ent to commence construction of the facilify so that City inspectian personne! will be available; and �o require t�e contractor to allow the construction to be subjecf ta inspection at any anc� all #imes by City inspection forces, and no� to install any paving, sanitary sewer, storm drain, or water pipe urtless a respansibfe Cify inspector is present and gives his cansent to prac�ed, and to make such iaboratory �ests of materials being used as may be required by tne City. 5. To secure approva! by th� Director of the Departm�r�# �aving jur�isdiction of � ar�y and all partial and final payments to the contractor. Said approval shall be subject to and in accordance with requirements of this agreemen#, anc} is not to constitute approval of the quantities of which paymenf is based, 6. To clefay connectfor�s of buildings to service lin�s of sewer and water mains cons�ructed under this contracf until said sewer and water mains and s�rvice lines have been campleted to the satisfaction of tne Wa#�r Depa�tmenf. 7. I# is expressly understood by and between the devefop�r and the Ci#y of Fort Worth, that in the event the cleveloper elects to award one single construction contract for storm d�-air�age and pavemenf, said contract shall be s�parated in t�e bidding and City participation, if any, shall be limited to the lowesfi passible combination of bids as if each of fihe abo�e were awarded as separate contracis. J. Anything to the contrary herein notwiths�ancling, for and in consideration of the promises and the covenants herein made by ��e City, the de�eloper covenanfis ar�d agrees as tollows: 1. The �eveloper shall make separa�e elections wifh regard to water and/or sanitary sewer facifities, storm drainage, street �mp�-ovem�nts and sfr��t lighfis as fo whether the work prescribeci hereir� shail be perFo�med by the City, or by� its confracfor, or by the developer, #hrough its con#ractor. Each separate election shall be made in wrifing and delivered to City no later than six (6) mon�ihs prior to �he expiration of this agreement. fn the event any of such separate elections has not been made and delivered fo City by s�ch 5 . date, it sh�N be conclusively presumed tY�at the developer ha� eiected ti�at such work be perFormed by ihe City in accordance with all af the terms af this agreement, and in par#icular Paragraph V-F hereofi. 2, lrrespective of any such election and whether the wor�c is to be performect by the City, or by i�s confractor or by the de�eloper thraugh its contractor, the de�efoper covenants and agrees to deli�er to the City a�ertormance and payment guaran#ee in accordance with the provisians of fihis agreement. 3. In addition to the g�arantee �equired in the preceding paragraph, in the event developer elects �hat �Eh� work be performed by the City, or by the City's contractor, or such� eiectian is presumed as provided above, the develaper co�enan�s and agre�s to pay to the City fihe de�efoper's share of the estimated construction cosfs. The amount of such estim�#ed payment shall b� computed as set out in Sections « a» hereof, �ased upon the lowest respansi�e bid for such work, as determined by City, or u�on a cost estimated to be performed by City forces prepared by fhe City, as appropriate, and si�all be subject �o adjustmen� to actual costs upon final complefiior� o� the subject work. Such estimated paymenf shall be made promptfy upon demar�d 6y City, it being understood that such payrnent witl be made a�ter #he receip� of bids far work, but in every case priar to the award of �ny construction contract, unless o�herwise specifically sef out herein. 4. De�elo�er fi�arther covenants and agrees to, and by these presen�s does hereby fulfy indemnEfy, hofd harmless and de�end the City, its officers, agents and employees from and agaRnst any and all claims, suits or causes of actian of any nature whatsoever, whether real or asserted, brought �For or on accou�t ofi any injuries or damages #o persons ar praperty, including death, resulting from, ar in any way connected with, tf�is agreement, or the construction of the impravements ar facilities described herein, whe�her or nofi caused, in whole or in par�, bv ihe neqliqence of a�cers, aqenfis� or emalorrees, of the Citv. In addi�ion, the developer covenants to indemnify, hold harmless and defend fhe Gity, its afficers, agents and employees from and against all claims, suits, or ca�ses or action of any nature wh�tsoev�r broughfi for, or on account of any injuries or damages tv prop�rly safeguard #he work or 'ar� account of any act, inten�ional or otherwis�, neglect or misconduct of #he developer, its contractars, sUbcontractors, agents or employees, whether or not caused, in whole or �n pa�, bv fhe nealigence of o�icers, aQen�s, or emplodees o� fhe CitV. 6 5. De�eloper covenanis and agrees tha# it discriminates against no indi�idua! involving employment as prohibited by the �erms ofi Ordinance Na. 7278 (as amended by Ordinance No. 740Q}, an ordinance prohibiting discrimination in employmenf pract�ce because of t'ace, creed, color, re[igion, na�ional ari�in {except for llegaf aliens), sex or age, unless sex or ag� is a bo�afde occupational quaiificafiion, subcontractor ar employmer�t agency, eifher fumishing or referring applican#s to suc� developer, nor any age�t of developer is discrimin�tit�g against any individual in�olving employment as prohibit�d by fhe terms of such Urdinance No. 7278 (as amendad by Ordinance I�o. 74�Q}. � K. Venue of any action brought hereunder shafl be in Fort Wor�h, Tarran# County, Texas. L. The City's Policy for the Instalfation of Gommunity Facilities, as adopted by �he City Council an March 2Q,2001 in M&C G-1318� , is hereby incorporated herein by reference, and Developer covenants �nd agrees to compPy with said Poficy as a condition of this contract and as a condition to the plattir�g of the s�bject property. Developer and Gi#y agree that this Agreement represents the compfete and exclusive statement of the mutual understandings nf tt�e parties and thai fhis Agreement supersedes and cancefs afl pre�ious written artd oral agreem�nts and communications related to th� subject mattet- of #his Agreemeni. �1 W IN TESTIMONY WHEREOF, the City of Fort Workh has ca�sed this instrument ta be ��._:. executed in quadruplicate in its name and on its �ehalf by its City Manager, attested by its City Secretary, wiih the corporate seal of the City affixed, an� said Deveioper has ex��uted this ir�strument in quadruplicate, at F'ort 1Nort�, Texas this the day of , . „ , 20 �' APPROVED AS TO FORM AND �.EGALITY: �� Gary J. Sfie� �erger Assisfiant City At�orney RECOMMENDE�: r Dale A. Fisseier, �P.E. Dir�ctor, Water Department ATTEST: . ) � ,� �� _� �_ . _ Tf �� GI ria Pea�- r� City Secretary �- = � �o�� _ _ _ . ��,�t��C�. �ti�l�orization _. �i� � � �_ _ _.,�.�.. - �� ClTY OF FORT WORTH, TEXAS r -- � ��_��ti�_i-� �, =��,t,_ � �_, �Assistant City Manager Developer: By: � _,_��,�_ - Titie of Representative for De�eloper 0