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HomeMy WebLinkAboutContract 45253 (2)COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. 4ss WHEREAS, the undersigned Developer ("Developer") desires to make certain improvements ("Improvements") related to a project as described below ("Project") within the City of Fort Worth, Texas ("City"); and WHEREAS, the Developer and the City desire to enter into this Community Facilities Agreement ("CFA" or "Agreement") in connection with the Improvements. Developer and Project Information: Developer Company Name: HCA Health Services of Texas, Inc. Address, State, Zip Code: One Park Plaza, Bldg. 2 I Nashville, TN 37203 Phone, E-Mail: (615) 344-5962, nick.paul@HCAHealthcare.com Authorized Signatory/Title: Nicholas L. Paul, VP Administration Project Name and Brief Description: Water, Sewer, Paving, Drainage & Street Light Improvements to serve Alliance Medical Center Project Location: 3101 North Tarrant Parkway Plat Case No.: FP-013-036 Plat Name: HCA Health Services Addition Council District: 2 City Project No: 02177 CFA: 2013-070 DOE: 7116 To be completed by staff Received by: ,1 / Date: a t t I J RECEIVED DEC 2 6 2013 r- OFFICIAL RECORD CITY SECRETARY FT. WORTH, 1 NOW, THEREFORE, 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, as amended, is hereby incorporated into this Agreement 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 Improvements. 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) X, Sewer (A-1) X , Paving (B) X , Storm Drain (B-1) X , Street Lights & Signs (C) X . E. The Developer shall award all contracts for the construction of the Improvements in accordance with Section II, paragraph 7 of the Policy and the contracts shall be administered in conformance with paragraph 8, Section II, of the Policy. F. For all Improvements 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 2 the names of the City and the Developer for one hundred percent (100%) of the contract price of the Improvements, and a maintenance bond in the name of the City for one hundred percent (100%) of the contract price of the Improvements 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 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 in part, by the alleged negligence of the City of Fort Worth, its officers. 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. 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 of such contracts. 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 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. If applicable, the City's obligation to participate (exclusive of front foot charges) in the cost of the Improvements shall terminate if the Improvements are not completed within two (2) years; provided, however, if construction of the Improvements has started within the two year period, the developer may request that the CFA be extended for one year. If the Improvements 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 Improvements if at the end of two (2) years from the date of this Agreement the Improvements 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 Improvements 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. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) Cost Summary Sheet Project Name: Alliance Medical Center CFA No.: 2013-070 DOE No.: 7116 Items Developer's Cost A. Water and Sewer Construction 1. Water Construction $ 74,284.00 2. Sewer Construction $ 1,200.00 Water and Sewer Construction Total $ 75,484.00 B. TPW Construction 1. Street $ 51,479.00 2. Storm Drain $ 10,350.00 3. Street Lights Installed by Developer $ 8,185.00 TPW Construction Cost Total $ 70,014.00 Total Construction Cost (excluding the fees): $ 145,498.00 Construction Fees: C. Water/Sewer Inspection Fee (2%) $ 1,509.68 D. Water/Sewer Material Testing Fee (2%) $ 1,509.68 Sub -Total for Water Construction Fees $ 3,019.36 E. TPW Inspection Fee (4%) $ 2,473.16 F. TPW Material Testing (2%) $ 1,236.58 G. Street Light Inspsection Cost $ 327.40 H. Street Signs Installation Cost $ - Sub -Total for TPW Construction Fees $ 4,037.14 Total Construction Fees: $ 7,056.50 Financial Guarantee Options, choose one Amount Bond = 100% $ 145,498.00 'Completion Agreement = 100% / Holds Plat $ 145,498.00 (Cash Escrow Water/Sanitary Sewer= 125% $ 94,355.00 (Cash Escrow Paving/Storm Drain = 125% $ 87.517.50 'Letter of Credit = 125% w/2yr expiration period $ 181,872.50 Choice (ck one) Se A. gaiUKNc Title: Vice President & Assistant inntetatY 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 sai, v toper has execut 1 this instrument in quadruplicate, at Fort Worth, Texas this day of ,20l3 CITY OF FORT WORTH - Recommended by: Water Department Wendy Chi-:..u1a1, EMBA, P.E. Developme ngineering Manager Approved as to Form & Legality: Douglas W. Black Assistant City Attorney M&C No. Date: ATTEST: aryl K City Secret ATTEST: Transportation & Public Works Department Do Dirct�or . Wiersig, P.E. Approved by City Manager's Office rnando Cc to Assistant City Manager DEVELOPER: HCA Health Services of Texas, Inc. Signare Signature (Print) Name: (Print) Name: Nicholas L. Paul Title: Vice President OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 8 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 ® Storrn Drain Estimate ® Exhibit C: Street Lights and Signs Improvements ® Street Lights and Signs Estimate (Remainder of Page Intentionally Left Blank) 9 File: K:\DAL_Civil\67781901—HCA Alliance\CAD\Exhibits\CFA\CFA Location Map.dwg [COVER] 8/28/2013 2:31pm Xrefs: X6511.dwg Images: dVJV NOLLV,D07 m 0) -o� zr OLD DENTON S Z / 00 42 43 Proposal Form Unit Price Item No. Spec. Item Alliance Medical Center, Lot 1 R UNIT I WATER 1 3312.0105 2 3312.2501 3 3312.3002 4 0241.1205 5 3312.3002 6 3312.3003 7 3312.3005 8 3311.0161 9 - 10 3312.4114 11 12 3311.0001 13 14 15 16 17 Name of Pay Item with Unit Price in Words Connection to Existing 12" Water Main Seventeen Hundred 6" Water Meter Service and Meter Box Seventeen Thousand and Four Hundred 6" Gate Valve Seven Hundred and Fifty 8" Gate Valve One Thousand and Fifty 12" Gate Valve Two Thousand 6" PVC Water Pipe Fifty 8" PVC Water Pipe Fifty 12" PVC Water Pipe Forty 12" Ductile Iron Pipe Ninety 16" x 12" Tapping Sleeve Sixty-eight Hundred Installation of 20" Steel Casing by Bore Three Hundred Ductile Iron Water Fittings Thiry-five Hundred 12" Cleaning Wye Six Hundred and Forty-five Remove 6" 90° Bend Five Hundred Remove 12"x6" Reducer Five Hundred Trench Safety Test and Sterilize Water Lines Approx. Quantity Unit 1 EA Unit Bid Price Total Amount 0/100 cents per unit $ 1,700.00 1.700.00 1 EA 0/100 cents per unit $ 17,400.00 17.400.00 1 EA 0/100 cents per unit $ 750.00 750.00 1 EA 0/100 cents per unit $ 1,050.00 1,050.00 1 EA 0/100 cents per unit $ 2.000.00 2.000.00 13 LF 0/100 cents per unit $ 50.00 650.00 23 LF 0/100 cents per unit $ 50.00 1,150.00 628 LF 0/100 cents per unit $ 40.00 25.120.00 64 LF 0/100 cents per unit $ 90.00 5.760.00 1 EA 0/100 cents per unit $ 6,800.00 6,800.00 47 LF 0/100 cents per unit $ 300.00 14,100.00 1 TON 0/100 cents per unit $ 3,500.00 3.500.00 1 EA 0/100 cents per unit $ 645.00 645.00 1 EA 0/100 cents per unit $ 500.00 500.00 1 EA 0/100 cents per unit $ 500.00 500.00 728 LF 25/100 cents per unit $ 0.25 182.00 728 LF 25/100 cents per unit $ 0.25 182.00 TOTAL WATER $ 81,989.00 Bid Proposal Page 1 00 42 43 Proposal Form Unit Price I Item I Spec. No. I Item Alliance Medical Center, Lot 1 R UNIT IV SANITARY SEWER 27 Name of Pay Item with Unit Price in Words Connection to Existing 8" Sanitary Sewer Line Stub Out One Thousand and Five Hundred 0/100 cents per unit' Approx. Quantity 1 Unit EA Unit Bid Total Amount I Price $ 1,500.00 1,500.00 TOTAL SANITARY SEWER $ 1,500.00 Bid Proposal CFA QUANTITY MATRIX HCA HEALTH SERVICES ADDITION, LOT1R-1 (PAVING) ITEM NO. BID ITEM 23 Remove Asphalt Pavement 24 6" Asphalt Base Type B 25 6" Conc. Curb and Gutter 26 27 Lane Legend Arrow 28 Traffic Control 29 4" SLD Pavement Marking Paint (N) Furnish/Install Alum Sign Ground Mount City Std. ITEM TOTAL UNIT PRICE ITEM TOTAL COST UNIT CA-P-03 SY 102 102 $18.00 $1,836.00 SY 1010 1010 $40.00 $40,400.00 LF 585 585 $10.00 $5,850.00 LF 131 131 $3.00 $393.00 EA 1 1 $500.00 $500.00 EA 1 1 $1,500.00 $1,500.00 EA 2 2 $500.00 $1,000.00 UNIT TOTAL $51,479.00 CFA QUANTITY MATRIX HCA HEALTH SERVICES ADDITION, LOT1R-1 (DRAINAGE) ITEM TOTAL UNIT PRICE ITEM TOTAL COST ITEM NO. BID ITEM UNIT CA-P-03 CA-P-06 30 18" RCP, Class HI LP 127 127 $50.00 $6,350.00 I I 31 18" Straight Headwall, 2 pipes EA 2 2 $2,000.00 $4,000.00 I I UNIT TOTAL $10,350.00 1 CFA QUANTITY MATRIX HCA HEALTH SERVICES ADDITION, LOT1 R-1 (ILLUMINATION) ITEM TOTAL UNIT PRICE ITEM TOTAL COST ITEM NO. BID ITEM UNIT CA-P-11 33 Ground Box, Small, w/ Lid Apron EA 1 1 $750.00 $750.00 34 Rdwy lllum Assmbly TY 18, 18A. 19 and D-40 EA 1 1 $4,000.00 $4,000.00 35 Rdwy Ilium Foundation TY 3,5,6, and 8 EA 1 1 $1,700.00 $1,700.00 36 2-2-2-4- Quadplex Alum Elcc Conductor LF 445 445 $3.00 $1,335.00 37 2" Conduit PVC SCH 80 (T) LF 20 20 $20.00 $400.00 UNIT TOTAL $8,185.00 1 FQ!4ORTH THE CITY OF FORT WORTH, TEXAS PLANS FOR THE CONSTRUCTION OF WATER LINE, PAVING, & DRAINAGE IMPROVEMENTS TO SERVE ALLIANCE MEDICAL CENTER LOT 1 R-1, HCA HEALTH SERVICES ADDITION RETSY PRICE MAYOR TOM HIGGINS CITY MANAGER DOUGLAS W. WIERSIG, P.E. DIRECTOR, TRANSPORTATION AND PUBLIC WORKS DEPARTMENT S. FRANK CRUMB, P E DIRECTOR WATER DEPARTMENT D.O.E. NO. WATER PROJECT NO. CITY PROJECT NO. 7116 P265-6041502177-00 02177 Know what's below. Call before you dig. LOCATION MAP MAPSCO# 35-C COUNCIL DISTRICT #2 OWNER/DEVELOPER: HCA MANAGEMENT SERVICES, L.P. ONE PARK PLAZA, BLDG. 2 NASHVILLE, TN 37203 CONTACT: BRYAN SEELY PHONE: (615) 334.1772 FAX (866) 759-4367 ENGINEER: ICMLEY-HORN 8 ASSOCIATES, INC. 12750 MERIT DRIVE, SUITE 1000 DALLAS, TEXAS 75251-1516 CONTACT: ASHLEY FRYSINGER. P E PHONE (972) 770.1300 FAX: (972) 239-3820 TEXAS REGISTERED ENGINEERING FIRM F-928 OCTOBER 2013 INDEX OF SHEETS SHEET NO CAP-0I CAP-02 CAP-00 CAP-0l CAP-0 CAP-06 CAP-0I 03 CGA 'i CAP-10 ,I CA-P.12 CA-P-13 CART4 DESCRIPTION COVER SHEET FIW.L RAT GEIERKNOTES PAVINGPUN CHIP OF FOR? WORTH PAVEAOR DETMS TRAFFIC CONTROL FLAN GRACING a MANAGE PI.W WATER PLAN APROFtE CITY OF FOR- WORTH WATER DETA. S CORTROL PLO. SWIM!. CONTROL DETML6 uoNraw aul LJOHTHHG DETARS SSPFET 1 CF31 UGHTWO DETALS(SHEET 20E3) LIGHTWGOETALS ISH EET3OF3i N DOUGLAg W. WIERSIG, P.E. DIRECTOR TRANSFdtTA1ION AND FUUUC N GALS OF➢AKINEN I MIKE33-OMENECII, P.E. RECOMMEKDED PROGRAM MANAGER RICHARD ZAVALA ftICLOR, PARKS ND ITYSERVKFS FRED EHIA P.E. REVIEWED PROJECT MANAGER UTILITY CONTACTS CITY tIFTSWT .mtnWATEROF➢ ficezoinutwo M)ELECTRIC RCM CO 7473,2A5 DATE 10 DAil: DATE AP it 0.260 DATE OjwR1S£ nitnr.A 0N- vanAza Fstamr ORTH. TJW $PORTADO'4FLR.i0 WOWS' X 22- X WATER PROJECT NO P IEEI File K: \DAL_Civii \67781901-HCA Alliance \CAD \Exhibits \CFA \CFA Water Exhitetclwg [Layout1] 12/16/2013 4* 08pm Xrefs: x-6.5x11-L.dwg x-utihty.dwg x-site dwg x-survey.dwg Images: V IffiniXa / / / // 11 1-35 FRONTAGE ROAD OAd .9 'd0Ud — m Z N. - 0 --I 2 0 11 _ I I 1' 11 1 X ^ 0 HHCa j " 11/ Flu -0 PROPERTY LINE I „, moe ri PI> -"Cn I .1 > H>m N • [i 0 m z m 11 x 7o OAd .8 IdONd Var. **Ms' 0 0 ; 0 rin :13 n1 -0 0 01 rn : rn 2 0 Er? 7- 57.1 i-- - () - ZL 33k ) rri t----: ')- '{J1 : , .2,:::- 1, :(1 _ i : 0 - rn rri : c) rn 0) - , z -i . -III , i t•-.-1- 0 C.) ., _. 11 I 1 IOF i ' i i '‘--::::_7" :__--__--rfC : ?,-:E L-h-11-----,:,-----_ H. _ : L.,) 3NI7 AleadOeld 0 o 0 >o o r— rn -n ri CPI 0 GRAPHIC SCALE IN FEET 0 75 150 300 i EOPOSED TENI7ON POND/ \ / / easTINO DE7ENnON POND PAVEMENT COMMUNITY FACILITIES AGREEMENT FOR PAVING IMPROVEMENTS TO SERVE ALLIANCE MEDICAL CENTER - LOT 1R-1 PROP. 6' HALT PAVEMEN1 EXHIBIT B w Ho K:\DAL_CIW\67781901—HCA Alliance\CAD\Exhiblts\CPA\CPA Storm ExhlbiLdxg [Layout'} 8/29/2013 2: 40pm %refs: x-115x11—Ldvg x—utilitydvg x—site.dag x—sureey.dwg Images: 0 0 xi smo to 0 n OY r rn z rn rn W� 0 Re: K:\ALM\8101—HCAa\hbits \ah@it.dwg Llayuutl) )D/3013 5:44pm eivi7B 9Alliance dagxxC9�hng0GImages: ij -3 m<r ra n C z r4>i/) v'� rEzi mtri hA CA Ott yrnz re tri tri x d/ Peel/Ilii/' iFF- wC OK 0 7 co v Kb �gp 0 tn13 0 0 > km- m rn 0