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HomeMy WebLinkAboutContract 41953 (2)COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS COUNTY OF TARRANT City Secretary Contract No. � 1'1� %%'UEREAS, the undersigned "Developer" desires to make certain improvements (refer p to the name of the project at the bottom of the page) an addition to the City of Fort Worth, Texas; and WHEREAS, the said Developer has requested the City of Fort Worth, a home -rule municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas, hereinafter called "City", to do certain Work in connection with said improvements. Developer Information: Developer Company Name: Manu Group, L.P. Authorized Signatory: Ved V. Aggarwal Title: Vice President Project Name: Agganval Medical Office Project Location: 914 & 928 Lipscomb Street Additional Streets: N/A Plat Case No.: N/A Plat Name: Fields Welch Addition Mapsco: 76M To be completed by staff Received by& Oft CFA: 2011-015 Council District: 9 City Project No: 01579 Date: (E% `Z j k l DOE: 6527 OFFICiAL RECORD CRti1Y SECRETARY t, WORTH, TX NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: For and in consideration of the covenants and conditions contained herein, the City and the Developer do hereby agree as follows: General Requirements A. The Policy for the Installation of Community Facilities ('°Policy") dated March 2001, approved by the City Council of the City of Fort Worth and subsequently amended from time to time via a Mayor and Council Communication adopted by the City Council of the City of Fort Worth, is hereby incorporated into this Community Facilities Agreement ("CFA') as if copied herein verbatim. Developer agrees to comply with all provisions of said Policy in the performance of its duties and obligations hereunder and to cause all contractors hired by Developer to comply with the Policy in connection with the work performed by said contractors. B. Developer shall provide financial security in conformance with paragraph 6, Section II, of the Policy and recognizes that there shall be no reduction in the collateral until the Project has been completed and the City has officially accepted the infrastructure. Developer further acknowledges that said process requires the contractor to submit an Affidavit of Bills paid signed by its contractor and Consent of Surety signed by its surety to ensure the contractor has paid the sub -contractor and suppliers in full. Additionally, the contractor will provide in writing that the contractor has been paid in full for all the services provided under this contract. C. Developer agrees to cause the construction of the improvements contemplated by this Agreement and that said construction shall be completed in a good and workmanlike manner and in accordance with all City standards and the City -approved construction plans, specifications and cost estimates provided for the Project and the exhibits attached hereto. D. The following checked exhibits are made a part hereof: Water (A) Sewer (A-l) __, Lights & Signs (C) Paving (B) X , Storm Drain (B-1) _X , Street • E. The Developer shall award all contracts for the construction of community facilities in accordance with Section II, paragraph 7 of the Policy and the contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section II, of the Policy. Combined CFA final Sept 12. 2008 2 F. For all infrastructure included in this Agreement for which the Developer awards construction contract(s), Developer agrees to the following: i. To employ a construction contractor who is approved by the director of the department having jurisdiction over the infrastructure to be constructed, said contractor to meet City's requirements for being insured, licensed and bonded to do work in public streets and/or prequalified to perform water/waste water construction as the case may be. ii. To require its contractor to furnish to the City a payment and performance bond in the names of the City and the Developer for one hundred percent (100%) of the contract price of the infrastructure, and a maintenance bond in the name of the City for one hundred percent (100%) of the contract price of the infrastructure for a period of two (2) years insuring the maintenance and repair of the constructed infrastructure during the term of the maintenance bond. All bonds to be furnished before work is commenced and to meet the requirements of Chapter 2253, Texas Government Code. iii. To require the contractor(s) it hires to perform the construction work contemplated herein to provide insurance equal to or in excess of the amounts required by the City's standard specifications and contract documents for developer -awarded infrastructure construction contracts The City shall be named as additional insured on all insurance required by said documents and same will be evidenced on the ACORD Certificate of Insurance supplied by the contractor's insurance provider and bound in the construction contract book. iv. To require its contractor to give 48 hours notice to the City's Construction Services Division of intent to commence construction so that City inspection personnel will be available; and to require the contractor to allow the construction to be subject to inspection at any and all times by City inspection forces, and not to install or relocate any sanitary sewer, storm drain, or water pipe unless a responsible City inspector is present and gives his consent to proceed, and to make such laboratory tests of materials being used as may be required by the City. v. To require its contractor to have fully executed contract documents submitted to the City to schedule a Pre -Construction Meeting. The 3 submittal should occur no less than 10 working days prior to the desired date of the meeting. No construction will commence without a City - issued Notice to Proceed to the Developer's contractor. vi. To delay connections of buildings to service lines of sewer and water mains constructed under this Agreement until said sewer and water mains and service lines have been completed to the satisfaction of the Water Department. G. Developer agrees to provide, at its expense, all engineering drawings and documents necessary to construct the improvements required by this Agreement. H. Developer shall cause the installation or adjustment of the required utilities to serve the development or to construct the improvements required herein. I. City shall not be responsible for any costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with any of the community facilities to be installed hereunder. J. Developer hereby releases and agrees to indemnify, defend and hold the City harmless .for any inadequacies in the preliminary plans, specifications and cost estimates supplied by the Developer for this Agreement. K. Developer agrees to provide, at its expense, all necessary rights of way and easements across property owned by Developer and required for the construction of the current and future improvements provided for by this Agreement. L. The Developer further covenants and agrees to, and by these presents does hereby, fully indemnify, hold harmless and defend the City, its officers, agents and employees from all suits, actions or claims of any character, whether real or asserted, brought for or on account of any injuries or damages sustained by any persons (including death) or to any property, resulting from or in connection with the construction, design, performance or completion of any work to be performed by said Developer, his contractors, subcontractors, officers, agents or employees, or in consequence of any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of said DEVELOPER, his contractors, sub -contractors, officers, agents or employees, whether or not such injuries, death or damages are caused, in whole or aufiart, by the alleged negligence of the City of Combined CFA final Sept 12.2008 4 iii. Developer shall pay in cash the total cost of streetlights or if the city is not installing the streetlights, inspection fees equal to four percent (4%) of the developers share of the streetlight construction cost as stated in the construction contract. iv. Developer shall pay in cash the total cost of street signs. P. COMPLETION WITHIN 2 YEARS i. The City's obligation to participate (exclusive of front foot charges) in the cost of the community facilities shall terminate it the facilities are not completed within two (2) years; provided, however, if construction of the community facilities has started within the two year period, the developer may request that the CFA be extended for one year. If the community facilities are not completed within such extension period, there will be no further obligation of the City to participate. City participation in a CFA shall be subject to the availability of City funds and approval by the Fort Worth City Council. ii. Noth ng contained herein is intended to limit the Developer's obligations under the Policy, this Agreement, its financial guarantee, its agreement with its contractor or other related agreements. iii. The City may utilize the Developer's financial guarantee submitted for this Agreement to cause the completion of the construction of the community facilities if at the end of two (2) years from the date of this Agreement the community facilities have not been completed and accepted. iv. The City may utilize the Developer's financial guarantee to cause the completion of the construction of the community facilities or to cause the payment of costs for construction of same before the expiration of two (2) years if the Developer breaches this Agreement, becomes insolvent or fails to pay costs of construction and the financial guarantee is not a Completion Agreement. If the financial guarantee is a Completion Agreement and the Developer's contractors and/or suppliers are not paid for the costs of supplies and/or construction, the contractors and/or suppliers may put a lien upon the property which is the subject of the Completion Agreement. Combined CFA final Sept 12. 2008 6 iii. Developer shall pay in cash the total cost of streetlights or if the city is not installing the streetlights, inspection fees equal to four percent (4%) of the developers share of the streetlight construction cost as stated in the construction contract. iv. Developer shall pay in cash the total cost of street signs. P. COMPLETION WITHIN 2 YEARS i. The City's obligation to participate (exclusive of front foot charges) in the cost of the community facilities shall terminate if the facilities are not completed within two (2) years; provided, however, if construction of the community facilities has started within the two year period, the developer may request that the CFA be extended for one year. If the community facilities are not completed within such extension period, there will be no further obligation of the City to participate. City participation in a CFA shall be subject to the availability of City funds and approval by the Fort Worth City Council. ii. Noth ng contained herein is intended to limit the Developer's obligations under the Policy, this Agreement, its financial guarantee, its agreement with its contractor or other related agreements. iii. The City may utilize the Developer's financial guarantee submitted for this Agreement to cause the completion of the construction of the community facilities if at the end of two (2) years from the date of this Agreement the community facilities have not been completed and accepted. iv. The City may utilize the Developer's financial guarantee to cause the completion of the construction of the community facilities or to cause the payment of costs for construction of same before the expiration of two (2) years if the Developer breaches this Agreement, becomes insolvent or fails to pay costs of construction and the financial guarantee is not a Completion Agreement. If the financial guarantee is a Completion Agreement and the Developer's contractors and/or suppliers are not paid for the costs of supplies and/or construction, the contractors and/or suppliers may put a lien upon the property which is the subject of the Completion Agreement. Combined CFA final Sept 12.2008 6 Cost Summary Sheet Project Name: Aggartival Medical Office CFA No.: 2011-015 DOE No.: 6527 An Engineer's Estimate of Probable Cost is acceptable. However, the construction contract price will ultimately determine the amount of CFA fees and financial guarantee. The bid price and any additional CFA payments will be required prior to scheduling a pre -construction meeting. An itemized estimate corresponding to each project -specific exhibit is required to support the following information. Items A. Water and Sewer Construction 1. Water Construction $ 2. Sewer Construction $ Developer's Cost Water and Sewer Construction Total $ B. TPW Construction 1. Street $ 12,859.00 2. Storm Drain $ 2,200.00 TPW Construction Cost Sub -Total $ 15,059.00 Total Construction Cost (excluding the fees): $ 15,059.00 Construction Fees: C. Water/Sewer Inspection Fee (2%) $ D. Water/Sewer Material Testing Fee (2%) $ Sub -Total for Water Construction Fees $ E. TPW Inspection Fee (4%) F. TPW Material Testing (2%) G. Street Light Inspsection Cost H. Street Signs Installation Cost Sub -Total for TPW Construction Fees Total Construction Fees: Financial Guarantee Options, choose one Bond = 100% Completion Agreement = 100% / Holds Plat Cash Escrow Water/Sanitary Sewer= 125% Cash Escrow Paving/Storm Drain r= 125% Letter of Credit = 125% w/2yr expiration period 602.36 301.18 $ 903.54 903.54 Amount $ 15,059.00 $ 15,059.00 $ 18,823.75 $ 18,823.75 Choice (ck one) IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executed in quadruplicate in its name and on its behalf by its Assistant City Manager, attested by its City Secretary, with the corporate seal of the City affixed, and said Developer has a executed this instrument in quadruplicate, at Fort Worth, Texas this day of ,20 i� CITY OF FORT WORTH - Recommended by: Water Department 1, / � tv / Wendy ehi-Bahulal, } EMBA, P.E. Development Engineering Manager .4pproled as In F01711 & Legality: IfrWaf Marcia Wise Assistant City Attorney ATTEST: y Hendrix City Secretary ATTEST Signature (Print) Name: Transportation & Public Works Department Douglas W. Wiersig, P.E. Director, Department of Transportation/Public Works Approved by City Manager 's Office Fernando Costa Assistant City Manager ;,. Q % 0 c> 0 n. :81\act o --._--�-c,r.._,. r �JAT 0 Ali .; c 1I ,` ,' ` i if R E st fbof00000Alitvou 0n QJ Manu Group, LP By its General Partner Anu Management, L.L.C. \C—M1 Signature Print Name: Ved V. Aggarwal Title: Vice President c4FFECIAL RECORD CITY SECRETARY WQEsTtt TX Combined C'fl;\ final Sept 12. 2008 Check items associated with the project being undertaken; checked items must be included as Attachments to this Agreement nc!uded N N n Attachment Location Map Exhibit A: Water Improvements Water Estimate Exhibit A -I : Sewer Improvements Sewer Estimate Exhibit B: Paving Improvements Paving Estimate Exhibit B-I : Storm Drain Improvements Storm Drain Estimate Exhibit C: Street Lights and Signs Improvements Street Lights and Signs Estimate (Remainder of Page Intentionally Left Blank) HENDERSON PENNSYLVANIA 1-30 WEST VICKERY Q z WEST PETER-SMITI w SITE O a J ROSEDALE ROILS; ©CDW1c5 ttC'M'JYtNP USED rn, DASIS Of OCATM0 aASIS or octaves in 91c PUT nctOnntU IN CAOatT O. SUM 0104, YUT RECORDS, TARRANT DPJIItr, 1 UA. A WW1IOW IC Mora Illdl NC COMMA CCaa�AMY WF aIItLCOMWmte. non row raw ar>mnm.tmram SO CAS1 1m0M0R hK MliwLOMID 0on mann narrORIAWAI MO SAX yen MonvAL pDC wmaraccia. 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PLAT FILED 2009 CABINET SLIDE TARRANT COUNTY PLAT RECORDS CASE N FS-009-006 R NPL PLAT 2009, .PIE1¢¢L5'' MP 4/51 RlON . weweiRponow PaAdditlatto#eGpm�uofFat nth,tars* term AccadagtothePLrecorded hG h t5,9dei169 Plea Record', tar' Canty, fetes Atract knomasl.at8,Block 5 Bc a at Mock 5 FRA.P1517VI5104 An Addlbat to the City of Fat Worth, terreri, Cod*, tern' Accaduq to the Plot recorded h Urns race 225 Flat Rued', twat Canty, faros rum vox auavAva Ia al. auwrlxr2 /W. POW "ELM ten. 409611 rAe 3i i�J'e` FL AT MIKE MONCRIEF MAYOR T. M. HIGGINS INTERIM CITY MANAGER GREG SIMMONS, P.E. ACTING DIRECTOR, TRANSPORTATION AND PUBLIC WORKS DEPARTMENT S. FRANK CRUMB, P.E. DIRECTOR, WATER DEPARTMENT D.O.E. NO. 852T CITY PROJECT NO. 01579 WATER PROJECT NO. XXX SEWER PROJECT NO, XXX FILE NO. K-2143 CITY !1 1 ' T WOR. H, TEXAS S F 1 €' HE CONSTRUCTION OF ALLEY PAVING & DRAINAGE IMPROVEMENTS TO SERVE AGGARWAL MEDICAL OFFICE TARRANT COUNTY SURGICAL CENTER FIELDS WELCH ADDITION, LOT 4R1, BLOCK 5 914 & 928 LIPSCOMB STREET OWNER/DEVELOPER: AGGARWAL MEDICAL OFFICE 928 LIPSCOMB FORT WORTH, TEXAS 76104 PH 817-465-5900 LOCATION MAP N.TS. MAPSOC PG. 78M COUNCIL DIST. 9 WIwAM M. SMiTH 8 AssoctATEs CNP mus Pffi01Pno.♦ FLAMM Sp. SO, FANI MOM N1. *tI$ iP0 RWT Sam rm K174KO 0 Atuam.. Tau Ma FEBRUARY 2011 SHEET INDEX METRO. DESCRIPTION COMM OMIT FANmD NM ORISUAP B�Pf QINIA RNN.PUT A ULT PLANS PROMS - IRA a. muro6a.2.30ID MADAM PAPAW/ND PIN! DORM CONTROL PUN TROTI04TRRO.PVN PAVING OSTNIA MICROQPRClDSTMa TRAMS Damoa.00TNIS GRBG SIMMONS, P.B. ' DATE: ACTING DIRECTOR, TRANSPORTATION AND PUBLIC WORKS RECOMMENDED: DATE: PROGRAM MANAGER REVIEWED: DATE: PROJECT MANAGER } / / ' i AREA opEXISTING FLUME |w STREET/ALLEY R.o.vv.=20.7Ip LENGTH opEXTENSION |w STREET/ALLEY nD.Vv.=1214FT. � n � 0 L 0 2.80' EXISTING FLUME AT MINIMUM SECTION 1m#4BAR 0 0 tn 0 #4 DOWELS AT 24" BOTH SIDES OF FLUME ENTIRE LENGTH 1-#4BAR Wm-- 0 0 ri PROPOSED FLUME REPAIR SECTION Snit - s®ciat Engineers a Surveyors 0 Planners PAVING ITEM QUANTITY UNITS 1 2 3 4 DRAINAGE 5 346 6.06 300 103 74 SY T SY LF LF AGGARWAL MEDICAL MEDICAL OFFICE ENGINEER'S ESTIMATE DESCRIPTION SUBGRADE PREP. (W/35#/SY) HYDRATED LIME 6" CONCRETE PAVM'T REMOVE & DISPOSE TIE WALL UNIT COST $3.00 $150.00 $35.00 $4.00 ESTIMATED SUBTOTAL 6" VERTICAL FLUME EXTENSION $30.00 ESTIMATED SUBTOTAL �i 04 Mary Street Arlington, Texas 7G010 ESTIMATED TOT s TOTAL COST $1,038.00 $909 00 $10,500.00 $412.00 $12,859.00 $2,220.00 $2,220.00 $15,079.00 Ph 817.205.7100 Fx 817.8e1 0330 BUSINESS ORGANIZATIONS IN Q TRY - VIEW ENTITY Page 1 of 1 TEXAS SECRETARY of STATE HOPE ANDRADE UCC Business Organizations I Trademarks I Notary I Account j Help/Fees I Briefcase I Logout BUSINESS 0 GANIZATIONS INQUIIZY -VIEW ENTI'I'Y Filing Number: 800519689 Entity Type: Domestic Limited Partnership (LP) Original Date of Filing: July 18, 2005 Entity Status: In existence Formation Date: N/A Tax ID: 32035367302 FEIN: Duration: Perpetual Name: Address: MAIN GROUP, LP 1804 Leeds Dr. Southlake, TX 76092 USA REGISTERED FILING ASSUMED ASSOCIATED AGENT HISTORY NAMES MANAGEMENT NAMES ENTITIES Last Update July 18, 2005 Name Title ANU MANAGEMENT, General Partner LLC. Address 1804 Leeds Dr. Southlake, TX 76092 USA Order I I Return to Search I Instructions: To place an order for additional information about a filing press the 'Order' button. lattps://direct.sos.state.tx.us/corp inquiry/corp inquily-entity.asp?spage=mgmt&: Spagefrom=&: Sfiling_nu... 05/11/2011 BUSINESS ORGANIZATIONS INQI TTRY - VIEW ENTITY ago - Page 1 of 1 TEXAS SECRETARY of STATE HOPE ANDRADE UCC I Business Organizations I Trademarks I Notary J Accoun BUSINESS 0 :GANIZATIONS INQUIRY o VIEW ENTITY Filing Number: Original Date of Filing: Formation Date: Tax ID: Duration: Name: Address: 800066320 Entity Type: March 19, 2002 Entity Status: N/A 12700071454 IId'1�;II: Perpetual ANU MANAGEMENT, L.L.C. 1804 LEEDS DRIVE SOUTHLAKE, TX 76092 USA I Help/Fees Briefcase I Logout Domestic Limited Liability Company (LLC) In existence REGISTERED AGENT FILING HISTORY NAMES ASSUMED MANAGEMENT NAMES ASSOCIATED ENTITIES Last Update October 23, 2010 October 23, 2010 October 23, 2010 October 23, 2010 Name VED V AGGARWAL VED V AGGARWAL ANJALI T AGGARWAL ANJALI T AGGARWAL Title VICE PRESIDENT DIRECTOR PRESIDENT DIRECTOR Address 1804 LEEDS DRIVE SOUTHLAKE, TX 76092 USA 1804 LEEDS DRIVE SOUTHLAKE, TX 76092 USA 1804 LEEDS DRIVE SOUTHLAKE, TX 76092 USA 1804 LEEDS DRIVE SOUTHLAKE, TX 76092 USA Order Return to Search Instructions: 4 To place an order for additional information about a filing press the 'Order' button. • https://direct.sos.state.tx.us/corp inquiry/corp inquiry-entity.asp?spage=mgmt&: Spagefrom=&: Sfiling_nu... 05/ 11 /2011