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HomeMy WebLinkAbout065027 - Construction-Related - Contract - The Texas A&M University System (TAMUS)Received Date: 04/14/2026 Received Time: 10:23 a.m. Developer and Project Information Cover Sheet: Developer Company Name Address, State, Zip Code: Phone & Email: Authorized Signatory, Title Project Name: Brief Description: Project Location: Plat Case Number: Council District: CFA Number: The Texas A&M University System 301 Tarrow St., 71 Floor, College Station, Texas 77840 (979) 458-2524 1 sallabina@tamus.edu Susan Ballabina, Executive Vice Chancellor TAMUS Fort Worth Law and Education Building Paving, Storm Drain, Street Lights & Signs, and Landscape 300 E 15TH ST Not Plat Name: Provided 9 Phased or Concurrent Provision: 25-0133 City Project Number: Not Provided None 105008 1 IPRC23-0104 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Page 1 of 16 ILA for Construction of Community Facilities Rev. 03/26 City Contract Number: 65027 INTERLOCAL AGREEMENT FOR THE CONSTRUCTION OF COMMUNITY FACILITIES 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 Texas A&M University System ("Developer"), an agency of the State of Texas, 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 TAMUS Fort Worth Law and Education Building ("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 pay fees or construction costs or meet other obligations that are not a part of this Agreement; and WHEREAS, the City is not participating in the cost of the Improvements or Project; 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. NOW, THEREFORE, for and in consideration of the covenants and conditions contained herein, the City and the Developer do hereby agree as follows: 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. Sections 9-400 through 9-405 of the CFA Ordinance do not apply to this Agreement. 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 City of Fort Worth, Texas OFFICIAL RECORD Page 2 of 16 ILA for Construction of Community Facilities CITY SECRETARY Rev. 03/26 FT. WORTH, TX cause all contractors hired by Developer to comply with the CFA Ordinance in connection with the work performed by the contractors. 2. Incorporation of Engineering Plans City and Developer have executed this Agreement based upon the engineer's Estimate of Probable Costs (as defined below), which Estimate of Probable Costs are incorporated herein by reference. Upon the City's approval of the engineering plans for the Improvements that has been prepared by Developer's engineer ("Engineering Plans"), the Engineering Plans shall be deemed incorporated into this Agreement by reference as if fully set out herein. Developer shall provide at its expense, unless otherwise agreed to by City, 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 subject of this Agreement and are attached hereto and incorporated herein by reference: ❑ Exhibit A: Water ❑ Exhibit B: Sewer © Exhibit C: Paving ® Exhibit D: Storm Drain ❑x Exhibit E: Street Lights & Signs ® Exhibit F: Landscape The Location Map and Cost Estimates are also attached hereto and incorporated herein by reference. To the extent that Exhibits C, D, E, F, 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 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 applicable 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. 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 City of Fort Worth, Texas Page 3 of 16 ILA for Construction of Community Facilities Rev. 03/26 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. [Intentionally Omitted] 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 will provide Developer with a detailed invoice accounting for any such costs. 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 City with a maintenance bond naming the City as an obligee, in the amount of one hundred percent (100% o) 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 City of Fort Worth, Texas Page 4 of 16 ILA for Construction of Community Facilities Rev. 03/26 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 City 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 Project 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 allow such laboratory tests as may be required by the City. (f) 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. 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 HEREBY RELEASES AND AGREES TO INDEMNIFY, DEFEND AND HOLD THE CITY HARMLESS FOR ANY INADEQUACIES IN THE PRELIMINARY PLANS, SPECIFICATIONS, ENGINEERING PLANS, AND COST ESTIMATES SUPPLIED BY THE DEVELOPER FOR THIS AGREEMENT. (b) THE DEVELOPER COVENANTS AND AGREES TO, AND BY THESE PRESENTS DOES HEREBY FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM ALL SUITS, ACTIONS OR CLAIMS OF ANY CHARACTER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ONACCOUNT OFANYINJURIES OR DAMAGES SUSTAINED BYANYPERSONS, INCL UDING DEATH, City of Fort Worth, Texas Page 5 of 16 ILA for Construction of Community Facilities Rev. 03/26 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, ITS CONTRACTORS, SUBCONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, OR IN CONSEQUENCE OF ANY FAILURE TO PROPERLYSAFEGUARD THE WORK, OR ONACCOUNT OFANYACT, INTENTIONAL OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS CONTRACTORS, SUB -CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, WHETHER OR NOT SUCHINJURIES, 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. (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 WITH ALL PLANS AND 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. 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 estimated payments made by the 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 City of Fort Worth, Texas Page 6 of 16 ILA for Construction of Community Facilities Rev. 03/26 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. 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 City 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 City 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 Services Contract Management Office City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 With copies to: City Attorney's Office City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 and City Manager's Office City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 DEVELOPER: The Texas A&M University System Office of Business Affairs 301 Tarrow St., 7" Floor College Station, Texas 77840 With copies to: The Texas A&M University System Office of General Counsel Attn: Property & Construction 301 Tarrow Street, 6th Floor College Station, Texas 77840-7896 Or to such other address one party may hereafter designate by notice in writing addressed and mailed or delivered to the other party hereto. City of Fort Worth, Texas Page 7 of 16 ILA for Construction of Community Facilities Rev. 03/26 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, 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 applicable 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 This Agreement shall be construed under and in accordance with Texas law. City of Fort Worth, Texas Page 8 of 16 ILA for Construction of Community Facilities Rev. 03/26 20. Non -Waiver The failure of the City or the Developer 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 agency of the state of Texas, 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 construed solely on the basis of the language contained therein, regardless of who authored such language. 25. Prohibition on Boycotting Israel Developer acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company with 10 or more full-time employees that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" have the meanings ascribed to those terms by Chapter 2271 of the Texas Government Code. To the extent that Chapter 2271 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott Israel; and (2) will not boycott Israel during the term of this Agreement. City of Fort Worth, Texas Page 9 of 16 ILA for Construction of Community Facilities Rev. 03/26 26. Prohibition on Boycotting Energy Companies Developer acknowledges that in accordance with Chapter 2276 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full- time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meanings ascribed to those terms by Chapter 2276 of the Texas Government Code. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 27. Prohibition on Discrimination Against Firearm and Ammunition Industries Developer acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 28. 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 applicable 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 SHALL INDEMNIFY CITYA ND HOLD CITY HARMLESS FROM ANY PENAL TIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY 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. 29. 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. City of Fort Worth, Texas Page 10 of 16 ILA for Construction of Community Facilities Rev. 03/26 30. 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. 31. No Third -Party Beneficiaries 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. 32. Compliance with Laws, Ordinances, Rules and Regulations Developer, its officers, agents, servants, employees, and contractors, shall abide by and comply with all laws, 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. 33. Signature Authority 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. 34. Counterparts This Agreement may be executed in multiple counterparts, each of which will be deemed an original, but which together will constitute one instrument. 35. 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. City of Fort Worth, Texas Page 11 of 16 ILA for Construction of Community Facilities Rev. 03/26 36. Limitations Developer is an agency of the State of Texas and nothing in this Agreement will be construed as a waiver or relinquishment by Developer of its right to claim such exemptions, privileges, and immunities as may be provided by law. There are or may be constitutional and statutory limitations on the authority of Developer to enter into certain terms and conditions of the Agreement, including, but not limited to, those terms and conditions relating to disclaimers and limitations of warranties; disclaimers, limitations, and releases of liability; waivers, disclaimers, and limitations of legal rights, remedies, requirements, and processes; liability for acts or omissions of third parties; mandatory insurance requirements; dispute resolution; indemnities; and confidentiality (collectively, the "Limitations"), and any terms and conditions related to the Limitations will not be binding on Developer except to the extent authorized by the Constitution and laws of the State of Texas. Neither the execution of this Agreement by Developer nor any other conduct, action, or inaction of any representative of Developer relating to this Agreement constitutes or is intended to constitute a waiver of Developer's or the State's sovereign immunity to suit. [REMAINDER OF PAGE INTENTIONALLY BLANK] City of Fort Worth, Texas Page 12 of 16 ILA for Construction of Community Facilities Rev. 03/26 37. Cost Summary Sheet Project Name: TAMUS Fort Worth Law and Education Building City Project No.:105008 Items Developer's Cost A. Water and Sewer Construction 1. Water Construction $ - 2. Sewer Construction $ - Water and Sewer Construction Total $ - B. TPW Construction 1. Street $ 410,662.80 2. Storm Drain $ 27,251.00 3. Street Lights Installed by Developer $ 257,586.40 4. Landscape $ 271,716.13 TPW Construction Cost Total $ 967,216.33 Total Construction Cost (excluding the fees): $ 967,216.33 Estimated Construction Fees: C. Construction Inspection Service Fee $ 38,137.50 D. Administrative Material Testing Service Fee $ 2,756.00 E. Water Testing Lab Fee $ 168.75 Total Estimated Construction Fees: $ 41,062.25 Financial Guarantee Amount Statement of Appropriated Funding = 100% $ 967,216.33 x City of Fort Worth, Texas Page 13 of 16 [LA for Construction of Community Facilities Rev. 03/26 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 cvl� Jesica McEachern Assistant City Manager Date: 04/14/2026 Recommended by: Loornol Rios Leone, Rios Sr. Contract Compliance Specialist Development Services Approved as to Form & Legality: Jessika Williams Assistant City Attorney II M&C No. N/A Date: 04/10/2026 Form 1295: san p� �fORTkQ9�C ATTEST: ° Jannette S. Goodall City Secretary City of Fort Worth, Texas ILA for Construction of Community Facilities Rev. 1/21 DEVELOPER The Texas A&M University System Snr.34� Susan Ballabina (Apr 10, 2026 12:25:33 CDT) Susan Ballabina Executive Vice Chancellor Date: 04/10/2026 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. Kandice Merrick Contract Compliance Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 14 of 16 The following attachments are incorporated into this Agreement. To the extent a conflict 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 I - Changes to Standard Interlocal Agreement ❑ Attachment 2 — Phased CFA Provisions ❑ Attachment 3 — Concurrent CFA Provisions ® Location Map ❑ Exhibit A: Water Improvements ❑ Exhibit B: Sewer Improvements ® Exhibit C: Paving Improvements z Exhibit D: Storm Drain Improvements © Exhibit E: Street Lights and Signs Improvements 0 Exhibit F: Landscape Improvements ® Cost Estimates (Remainder of Page Intentionally Left Blank) City of Fort Worth, Texas Page 15 of 16 ILA for Construction of Community Facilities Rev. 1/21 ATTACHMENT "1" Changes to Standard Interlocal Agreement City Project No. 105008 Negotiated changes included. City of Fort Worth, Texas Page 16 of 16 ILA for Construction of Community Facilities Rev. 1/21 � �" ►�'♦ ��-� �111 ■ ■II■ram � � I � I MEN � 1.■-_ .�■.■....■..■■■ . . shaping the built environment OWNER/DEVELOPER 301 TARROW,. f=LOOR •STATION,:-• :-- In astructure " PROJECT• INFRASTRUCTURE,JQ 00 GLASS STREET, SUITE 201 DALLAS, TEXAS 75207 972.392.7340 REV: PROJECT„00 E 15TH ST 0o OD O PROPOSED CONCRETE SIDEWALK PROPOSED # CONCRETE PAVEMENT F PROPERTY N / LINE Z 0 O = # V) Q U I w O a J o # E 16TH ST PROPOSED ASPHALT Imo` PAVEMENT Legend NEW PAVEMENT REMOVAL AND REPLACEMENT FOR UTILITY 24" HMAC TRANSITION PER CoFW DETAIL INSTALLATION PER UTILITY CUT POLICY 2019(D)(6) AND CoFW ® D534 DETAIL 32 01 17 —D520 AND —D021 SIDEWALK BY DEVELOPER ® PAVEMENT REMOVAL AND REPLACEMENT PROPERTY LINE PER CoFW DETAIL 32 01 17 —D520 Q SIGNAGE BY DEVELOPER ® NEW 7" 4500 PSI HEAVY DUTY CONCRETE PAVEMENT PER CoFW STANDARDS O H.C. RAMPS BY DEVELOPER <>IMEG 100 GLASS STREET DALLAS' TX 75207 214.752.9098 www.imegcorp.com TEXAS FIRM REGISTRATION #F-24262 Jj E 15TH ST O � PROPOSED TRENCH DRAIN (PRIVATE) I # PROPERTY / LINE o # PROPOSED 12" HDPE I- STORM LINE U (PRIVATE) I w — o PROPOSED 10 CURB INLET (PUBLIC) PROPOSED 21 " RCP STORM LINE _ (PUBLIC) -- PROPOSED 4' DIA. STORM MANHOLE (PUBLIC) EXISTING 12" RCP STORM r LINE (PUBLIC) - ° PROPOSED 4" SCH 40 PVC TO DISCHARGE AT CURB Legend (PRIVATE) PROPOSED STORM LINE EXISTING STORM LINE <>IMEG 100 GLASS STREET DALLAS, TX 75207 214.752.9098 www.imegcorp.com TEXAS FIRM REGISTRATION #F-24262 E 16TH ST PROPOSED 2" SCH 40 PVC TO DISCHARGE AT CURB (PRIVATE) PROPERTY LINE Legend • PROPOSED PED. LIGHTS PROPOSED ST. LIGHTS PROPOSED SIGNAGE ■ PROPOSED IN GROUND P.B. <>IMEG 100 GLASS STREET DALLAS, TX 75207 214.752.9098 www.imegcorp.com TEXAS FIRM REGISTRATION #F-24262 I m _ IN -, I I I Legend ooTRASH /RECYCLE CEI)SHADE TREE IN TREE GRATE / /BIKE RACKS ® BENCH now* I MEG 100 GLASS STREET DALLAS, TX 75207 214.752.9098 www.1megcorp.cam TEXAS FIRM REGISTRATION #F-24262 OWNER/DEVELOPER THE TEXAS A&M UNIVERSITY SYSTEM 301 TARROW, 2ND FLOOR COLLEGE STATION, TX 77840-7896 PROJECT TAMUS FW LAW & EDUCATION BUILDING CPN 105008 SCALE: 1' 50' NORTH I RFv22/25 I SHEET: 1 OF 1 00 42 43 BID PROPOSAL Pag 10f5 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Unit 1 - Paving Improvements Bidlist Item No. Description ecification Mion No. Unit of Measure Bid Quantity trait Price Bid Value 1 0241.0100 Remove Sidewalk 24113 jS SF 8,173 $1.65 $239.00 $13,485.45 2 0241.0300 Remove ADA Ram 241 13 EA 4 $956.00 3 0241.1000 Remove Conc Pvmt 2 41 13 SY 21 $29.00 $609.00 4 0241.1100 Remove Asphalt Pvmt 0241 15 SY 860 $26.00 $22,360.00 5 0241.4005 Remove Y or Less Curb Inlet 0241 14 EA 1 $2,735.00 $2,735.00 6 3110.0101 Site Clearing 31 1000 LS 1 $43,463.33 $43,463.33 7 3211.0112 6" Flexible Base, Type A, GR-1 32 1123 SY 782 $41.21 $32,226.22 8 3212.0302 6" Asphalt Pvmt Type D (DG-D) 321216 SF 2,110 $13.51 $28,506.10 9 3213.0102 7"Conc Pvmt 3213 13 SF 6,478 $8.65 $56,034.70 10 3213.0311 4" Conc Sidewalk, Adjacent to Curb 32 13 20 SF 6,305 $7.47 $27.15 $47,098.35 11 3216.0101 6" Conc Curb and Gutter 32 16 13 LF 887 $24,082.05 12 3213.0503 ADA Rams 32 1320 EA 5 $880.00 $8.46 $4,400.00 $7,191.00 13 3213.0700 Joint Sealant 32 1373 LF 850 14 3217.0101 6" SLD Pvmt MarkingHAS 321723 LT 1 $11,100.00 $11,100.00 15 3471.0001 Traffic Control 347113 MO 4 $4,226.25 $16,905.00 16 3471.0003 Traffic Control Details 347113 EA 1 $1,512.00 $1,2.00 17 3471.0010 CityStreets / Residential Streets Closure 347,] 3 MO 4 $24,499.65 $97,99518.60 TOTAL UNIT I-PAVINGIMPROVEMENTS $410,662.80 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 00 42 43 DAP -HID PROPOSAL 00 42 43 BID PROPOSAL Page 2 of 5 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item information Bidder's Proposal Unit 2 - Storm Improvements Bidlist Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value 1 3304.0201 Clean Storm Pipe Ahead of Condition Assessment- 24" Diameter and Under 33 04 50 LF 5 $465.00 $2,325.00 2 3301.0012 Post -CCTV Inspection of Storm Drain 330132 LF 5 $94.00 $470.00 3 3301.0004 Final MH-CCTV Inspection 330131 EA 2 $443.00 $886.00 4 3341.0201 21"RCP, ClassBl 334110 LF 5 $273.00 $1,365.00 5 3349.5001 10' Curb lnlet 221222 20 EA 1 $12,850.00 $12,850.00 6 3349.0001 4' Storm Junction Box 334910 EA 1 1 $9,355.001 $9,355.00 TOTAL UNIT 2 - STORM IMPROVEMENTS1 $27,25 L00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 00 42 43 DAP -BID PROPOSAL 00 42 43 BID PROPOSAL Page 3 of 5 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application TAMU Fort Worth Law - Landscape Bidder's Proposal Unit 3 - Landscape Improvements Bidhst Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value 1 9999.0001 Concrete Pavement - Acid Etch 00 00 01 sgft 1132 $22.73 $25,730.36 2 9999.0002 72" x 72" Tree Grate 00 00 02 each 19 $9,951.90 $189,086.10 3 9999.0003 Bike Racks by Landscape Forms 00 00 03 each 16 $1,059.92 $16,958.72 4 9999.0004 Streetscape Bench by Landscape Forms 00 00 04 each 10 $2,642.64 $26,426.40 5 19999.0005 Litter & Recycling Receptacles by Landscape Forms 1 00 00 05 1 each 5 $2,702.911 $13,514.55 TOTAL UNIT 3 - LANDSCAPE INPROVEMENTS1 $271,716.13 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 00 42 43 DAP -BID PROPOSAL 00 42 43 BID PROPOSAL Page 4 of 5 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Unit 4 - Streetlight Improvements Bidlist Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value 1 2605.0101 Electrical Facilities 26 05 00 LS l $2,398.99 $2,398.99 $42,666.75 2 2605.3018 2" CONDT PVC SCH 80, Open Cut 26 05 33 LF 903 $47.25 3 3441.1501 Fumish/Install Ground Box Type B 3441 10 EA 4 $1,779.75 $7,119.00 4 3441.1430 Install Conductor Cable 3441 10 LF 2,709 $4.20 $11,377.80 5 3441.3110 Install Lighting Fixture 34 41 20 EA 14 $4,239.05 $59,346.69 6 13441.3302 Rdwy Ilium Foundation TY 3,5,6, and 8 34 41 20 1 EA 6 $2,840.25 $17 041.50 7 3441.3303 Rdwy Ilium Foundation TY 7 344120 EA 14 $1,774.50 $24,843.00 8 3441.3342 Furnish Rdwy Illum TY 18 Pole 34 41 20 EA 6 $3,135.00 $18,810.00 9 3441.3411 Reconnect Conductor 3441 20 EA 1 $2,010.76 $2,010.76 10 3441.3352 Install Rdway IDum TY 18 Pole 34 41 20 EA 6 $2,147.25 $12,883.50 11 9999.0000 Rdwy Illum Pole Saturn 34 41 20 EA 14 $2 723.60 $38,130.40 12 Demo and salava a Existing Street Lights & 35 41 20 EA 8 $2,619.751 $20,958.00 TOTAL UNIT 4 - STREETLIGHT IWROVEMENTSI $257,586.40 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 00 42 43 DAP -nR) PROPOSAL 00 42 43 BID PROPOSAL Page 5 of 5 UNIT PRICE BID SECTION 00 42 43 PROPOSALFORM Project Item Information Bidder's Application Bidder's Proposal Bidlist III I Specification I Unit of I Bid Description Unit Pricc Bid Value No. Section No. Measure Quantity BID SUMMARY UNIT 1 - PAVING IMPROVEMENTS $410,662.80 UNIT 2 -STORM IMPROVEMENTS $27,251.00 UNIT 3 - LANDSCAPE IMPROVEMENTS $271,716.13 UNIT 4 - STREETLIGHT IMPROVEMENTS $257,586.40 TOTAL CONSTRUCTION BID $967,216.33 This Bid is submitted by the entity named below: BIDDER: By: Adam Lowry Turner Carcon Source JV 141(4m '" TITLE: Senior Project Manager DATE: 2/10/2026 Contractor agrees to complete WORK for FINAL ACCEPTANCE within 90 working days after the date r hen the CONTRACT commences to run as provided in the General Conditions. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 00 42 43 DAP -HID PROPOSAL FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: The Texas A&M University System Subject of the Agreement: CFA25-0133 - TAMUS Fort Worth Law and Education Building (Paving, Storm Drain, Street Lights & Signs, and Landscape) M&C Approved by the Council? * Yes ❑ No M If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 0 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes 0 No ❑ If unsure, see backpage for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 0 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: If different from the approval date. Expiration Date: If applicable. Is a 1295 Form required? * Yes ❑ No ED *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. 105008 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 0 No ❑ Contracts need to be routed for CSO processing in the followingorder: rder: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.