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HomeMy WebLinkAboutContract 40668 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. y WHEREAS,the undersigned "Developer"desires to make certain improvements(refer 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: HCRI Texas Properties,Ltd. Authorized Signatory:Erin C. Ibele Title:Senior Vice President-Administration&Corporate Secretary Project Name:Jennings South Addition—Texas Health Resources Project Location:Summit Avenue @ West Peter Smith Additional Streets:N/A Plat Case No.:FS-009-027 Plat Name:Jennings South Addition Mapsco:76H Council District:9 City Project No:01423 To be completed by st ff. Received by: l� Date: I `� I CFA: 2009-032 DOE: 6312 OFFICIAL RECORD CITY SECRETARY FT 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 CFA. 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 (AZT Sewer(A-1) _, Paving (B) X , Storm Drain (B-1) _, Street Lights & Signs (C) X 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 infrastructur administered in conformance with paragraph 8, Section II, of th >�f1r3rw RECORD Combined CFA final Sept 12,2008 2 CITY'SECRETARY FT.WORTH,TX 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 M etin The 3 OF�ICIAL RECORD CITY SECRETARY FT.WORTH,TX 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, at its expense, to cause the owner of the property upon which the improvements are to be placed, to provide all necessary rights of way and easements across the property 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, except to the extent such injuries, death or damages are caused by the negligence or willful misconduct of the City of Fort Worth, its officers, Combined CFA final Sept 12,2008 4 OFFICIAL RECORD CITY SECRETARY FT WORTH,TX servants, or employees. M. Developer will further require its contractors to indemnify, defend and hold harmless the City, its officers, agents and employees from and against any and all claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including death, resulting from, or in any way connected with, the construction of the infrastructure contemplated herein, whether or not such injuries, death or damages are caused, in whole or in Part, by the alleged negligence of the City of Fort Worth, its officers,servants, or employees. Further,Developer will require its contractors to indemnify, and hold harmless the City for any losses, damages, costs or expenses suffered by the City or caused as a result of said contractor's failure to complete the work and construct the improvements in a good and workmanlike manner, free from defects, in conformance with the Policy, and in accordance with all plans and specifications and shall cause to be executed and delivered to the City an indemnity agreement from such contractors on a form to be promulgated by the City. N. Upon completion of all work associated with the construction of the infrastructure and improvements, Developer will assign to the City a non- exclusive right to enforce the contracts entered into by the Developer with its contractor along with an assignment of all warranties given by the contractor, whether express or implied. Further, Developer agrees that all contracts with any contractor shall include provisions granting to the City the right to enforce such contracts as an express intended third party beneficiary. City shall give ten (10) days prior written notice to Developer. O. Inspection and material testing fees are required as follows: i. Developer shall pay in cash water and wastewater inspection fees and material testing fees equal to two percent (2%) for a total of 4% of the developer's share of the total construction cost as stated in the construction contract. ii. Developer shall pay in cash paving and storm drain inspection fees equal to four percent (4%) and material testing fees equal to two percent (2%) for a total of 6% of the developer's share of the total construction cost as 5 OFFICIAL RECORD CITY SECRETARY FT WORTH,TX stated in the construction contract. iii. Developer shall pay in cash the total cost of streetlights or if the city is not installing the streetlights, inspection fees equal to four percent(4%) of the developer's share of the streetlight construction cost as stated in the construction contract. iv. Developer shall pay in cash the total cost of street signs. P. COMPLETION WITHIN 2 YEARS i. 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. Nothing contained herein is intended to limit the Developer's obligations under the Policy, this Agreement,its financial guarantee, its agreement with its contractor or other related agreements. iii. The City may utilize the Developer's financial guarantee submitted for this Agreement to cause the completion of the construction of the 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 1 J OFFICIAL RFQ )k) 0 CITY,S/ECPF a4"4" Cost Summary Sheet project Name:Jennings South Addition—Texas Health Resources CFA No.: 2009-032 DOE No.:6312 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. I Items Developer's Cost A. Water and Sewer Construction 1. Water Construction $ 2.Sewer Construction $ Water and Sewer Construction Cost Sub-Total $ B. TPW Construction 1.Street $ 135,016.00 2.Storm Drain $ 3.Street Lights-Installed by Developer $ 44,387.00 TPW Construction Cost Sub-Total $ 179,403.00 ,Total Construction Cost(excluding the fees): $ 179,403.00 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%) $ 5,400.64 F. TPW Material Testing(2%) $ 2,700.32 j G. Street Light Inspsection Cost $ 1,775.48 H. Street Signs Installation Cost Sub-Total for TPW Construction Fees $ 9,876.44 i Total Construction Fees: $ 9,876.44 Choice Financial Guarantee Options,choose one Amount (ck one) Bond=t00% $ t79,403.00 Completion Agreement=100%/Holds Plat $ 179 403.00 Cash Escrow Water/Sanitary Sewer=125% $ Cash Escrow Paving/Storm Drain r=t25% $ 224,253.75 Letter of Credit=125%w/2 r expiration period $ 224,253.75 7 OFFICIAL RECCill" ' CITY SECRFI� k FT WORT 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 sea]of the City affixed,and said Developer has executed this instrument in quadruplicate, at Fort Worth,Texas this 9 day of ,20(16—. CITY OF FORT WORTH-Recommended by: Water Department Transportation & Public Works Department Wendy Chi-Babulal,EMBA,P.E. William A.Verkest,P. . Development Engineering Manager Director Approved as to Form &Legality: Approved by City Manager's Office Amy 1.R ey Fernando Costa Assistant City Attorney Assistant City Manager a�nY4 ti,� ATTEST: ��o00000000 0 oO'� fN-� o o d ro 0 0 I:Ur=QU1RE1D Marty Hendrix City Secretary oo°000000°a �11y4'Q�' DEVELOPER: HCRI Texas Properties,Ltd.,by Health Care REIT,Inc. Its General Partner Erin C.Ibele Senior Vice President-Administration&Corporate Secretary Combined CFA final Sept 12,2008 8 OFFICIAL RECOW CITY SECRETAR�` FT WORTH,T), Check items associated with the project being undertaken;checked items must be included as Attachments to this Agreement Included Attachment ❑ Location Map ❑ Exhibit A: Water Improvements ❑ Water Estimate ❑ Exhibit A-1:Sewer Improvements ❑ Sewer Estimate ® Exhibit B:Paving Improvements ® Paving Estimate ❑ Exhibit B-1: Storm Drain Improvements ❑ Storm Drain Estimate ® Exhibit C: Street Lights and Signs Improvements ® Street Lights and Signs Estimate (Remainder of Page Intentionally Left Blank) OFFICIAL RECORD 9 CITY SECRETARY FT.WORTH, TX �N\ B E S NW I PROP CONC CURB/GUTTER r ® PROP CONC PAVING I i ® PROP ASPHALT& PAVING OVERLAY L ASPHAL ® RECYCLE OIN PLACE PAVING pP P 'S s aJ� � j C� JP 0W Nff8ZD ELOPER FAG Rp� I I TERAS REHABILITATION HOSPITAL $9�pt, OF FORT WORTH, TLOEAS ►�� HCRI Tezee Properties, Ltd. ti SO Senior IInnnetment AnelFet One Seagate, Suite 1500 Toledo, Ohio 45804 lae P (419) 247-27(17 PROP MIeL & OVERLAY F (419) 247-2826 w 25 loA I I YA PROP CONC PROP CONC�CB/GUTT F to RLM 29 —PROP CONC CB/GUTT .R.uR�rARo � 7 cc/ozoeoea a iElus NEALiN V) B RESOURCES PROP CONC CB/GUTT PROP RECYCLED IN PLACE_P_VMT W P W. PETER SMITH 40• R.O.W. H s (n ul 5 rExns r+EAinl S RESWRCES w W o 0 Z I II II I J I I I I 1 1 11 I < I L 3 m � e 4 12 TUCKER STREET BIoM 45 40• R.OX 40• R.O.W. 15 14 ao is 19 17 lS 13 EXHIBIT "B" PAVING IMPROVEMENT T.AS MA RESW Es FOR LOT 1R, BLOCK 29 N 4 I I JENNINGS SOUTH ADDITION FS-009-027 3 U WC -5.P13oo n><AS TM RESWR S PENNSYLVANIA AVE M7JUNE 21, 2010 GORDON S. SWIFT DOE # 6312 —JQ�CONSULTING ENGINEER, INC. al 4lCIAL RECORD wm ww wo Ion. 1os,Fow worm(,Toys 7s (817) 335-6464 FIRM REG / F-1189 CITY SECRETARY FT WORTH,TX JENNINGS SOUTH ADDITION LOT 1 R,BLOCK 29 EXHIBIT B Project: PAVING IMPROVEMENTS Proj No. 703003 Developer: HCRI TEXAS PROPERTIES,LTD. Date: 7/15/2010 Subject: Community Faclities Agreement DOE#6312 By: cks ITEM NO. DESCRIPTION UNIT QUAN UNIT PRICE AMOUNT 1 CONCRETE PAVING LS 1 $65,142.00 $65,142.00 2 ASPHALT PAVING LS 1 $41,935.00 $41,935.00 3 STREET SWEEPER LS 1 $1,500.00 $1,500.00 4 CONCRETE CB/GUTTER LS 1 $6,433.00 $6,433.00 5 CLEAN UP,SAFETY,MISC LS 1 $20,006.00 $20,006.00 6 TOTAL-PAVING IMPROVEMENTS $135,016.00 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX //JN���� 11w Boo S NTS R LEGEND PROPOSED STREET LIGHT PER NEAR SOUTHSIDE STANDARDS L pp. OIPIVER/DEVELOPER TEXAS RERABIUTA71ON HOSPITAL �. lob 1 I OF FORT WORTH, TEXAS 0v ►9� HCRi Texas Properties, Ltd. tir �p� 3 Mr. Bryan E. Hickman Senior Investment Analyst a � One Seagate, Suite 1500 Toledo, Ohio 43604 a P (419) 247-2787 F (419) 247-2826 W V N I pA FH. 10 A BLOCK 29 Q 10 FF .H NINYARO Q CC/02080998 9 Q 0] 9 <j W. PETER SMITH W. PETER SMITH 40' R.O.W. 40' R.O.W. F- N , B 'A' 5 lE%AS HEALTR w 8 RESOURCES F,D 2 10 ? J J I I I I I I Q I 1 I 1 1 11 1 0] 1 tR LIU , e eLOCR a� � u TUCKER STREET BLOm 45 TUCKER ST 40' R.O.W. 40' R.O.W. 16 15 EXHIBIT "C" 2^ & 20 B STREET LIGHT LAYOUT 1. ' TU]( EALI 2R FOR W= S LOT 1R, BLOCK 29 I 2, 22 24 JENNINGS SOUTH ADDITION z FS-009-027 ZAS -C 13 STREET LIGHTS * AS HE.LI RESM 8 _ (n PENNSYLVANIA AVE JUNE 21, 2010 GORDON S. SWIFT DOE # 6312 CONSULTING ENGINEER, INC. 401 WEST LOOP 810 NORTH.sung 108.FORT WORTH,TOX 70M RECUR® (817) 335-6464 FIRM REG it F-1189 CIAL CITY SECRETARY FT,WORTH,TX JENNINGS SOUTH ADDITION LOT 1 R,BLOCK 28 EXHIBIT C Project: STREET LIGHT IMPROVEMENTS Proj No. 0703003 Developer: HCRI TEXAS PROPERTIES,LTD. Date: June 29 2010 Subject: Community Faclities Agreement DOE#6312 By: cks ITEM NO. DESCRIPTION UNIT QUAN UNIT PRICE AMOUNT 1 STREET LIGHTING-ELECTRICAL LS 1 $38,537.00 $38,537.00 2 STREET LIGHTING-CONCRETE BASE LS 1 $5,850.00 $5,850.00 3 4 5 6 7 6 7 8 9 TOTAL-STREET LIGHT IMPROVEMENTS $44,387.00 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX JENNINGS SOUTH ADDITION LOT 1 R, BLOCK 29 PAYING AND STREET LIGHT SUMMARY TOTAL STREET LIGHT IMPROVMENTS $44,3$7.00 TOTAL PAVING IMPROVEMENTS $135,016.00 TOTAL PROJECT $179,403.00 4%INSPECTION FEE PAVING $5,400.64 2%MATERIAL TESTING PAVING $2,700.32 4%INSPECTION FEE PAVING $1,175.48? TOTAL CONSTRUCTION FEES $9,876.44 GRAND TOTAL CONSTRUCTION&FEES $189,279.44 BOND REQUIREMENTS PROJECT TOTAL @ 100%=$179,403.00 PROJECT TOTAL @ 125%=$224,253.75 011ICIAL RECORD CITY SECRETARY FT WORTH,TX.