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HomeMy WebLinkAboutContract 33860 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. 32HS) WHEREAS, Baylor All Saints Medical Center, hereinafter called "Developer", desires to make certain improvements to All Saints Episcopal Hospital Addition, Lot 1R, Block 1, addition to the City of Fort Worth, Texas; and WHEREAS, the said Developer has requested the City of Fort Worth, a municipal corporation of Tarrant, Wise, and Denton Counties, Texas, hereinafter called "City", to do certain work in connection with said improvements. NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That said Developer, acting herein by and through Brad Gahm, its duly authorized Vice President/Deputy General Council and the City, acting herein by and through Marc Ott, its duly authorized Assistant City Manager, for and in consideration of the covenants and conditions contained herein, do hereby agree as follows: I. General Requirements: A. The Policy for the Installation of Community Facilities ("Policy") dated March 2001, subsequently amended and approved by the City Council of the City of Fort Worth, is hereby incorporated into this Community Facilities Contract as if copy herein verbatim. Developer agrees to comply with all provisions of said Policy in the performance of its duties and obligations hereunder. B. The requirements of the Policy shall govern this Community Facilities Agreement, provided, however, that any conflict between the terms of this Community Facilities Agreement and the Policy shall be resolved in favor of this Agreement. C. Developer shall provide financial security in conformance with paragraph 6, Section II, of the Policy. D. The City shall award all contracts for the construction of community facilities in accordance with Section II,paragraph 7 of the Policy. E. The contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section 11, of the Policy. All Saints Episcopal Hospital Addition,Lot 1R,Block 1 �rlJJS.� Page 1 of 5 F. 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 nepliaence of the City of Fort Worth, its officers, servants, or employees. G. The City shall cause to be installed or adjusted all of the required utilities to serve the development or to construct the improvements required herein. H. The Developer agrees to pay the City for the portion of the project that it is solely responsible for and the portion it is partly responsible for plus engineering and fees. Developer's cost responsibility is set forth in the final plans for the Fort Worth Water and Sanitary Sewer Main Replacement to serve Baylor All Saints Medical Center, Lot 1R, Block 1 of the All Saints Episcopal Hospital Addition. I. Developer agrees that no lot shall be occupied under a certificate of occupancy until the improvements required herein have been constructed (Article 104.100, Ordinance 7234). J. Developer hereby releases and agrees to indemnify and hold the City harmless for any inadequacies in the preliminary plans, specifications and cost estimates supplied by the Developer for this contract. YD�� All Saints Episcopal Hospital Addition,Lot IR,Block 1 � � Page 2 of 5REKI K. Developer agrees to provide, at its expense, all necessary rights of way and easements across property owned by Developer required to construct current and future improvements provided for in this agreement. L. The City agrees to cause the construction of the proposed improvements as shown on the exhibits attached hereto. The following exhibits are made a part hereof: Water (A)attached; Sewer (A-1) ; Paving (B) Storm Drain (B-1)_; Street Lights and Signs (C). M. The 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. II. Water Facilities A. As a City-initiated Developer project, the City shall cause the installion of the proposed water line(s), fire line(s) and/or meters as shown on Exhibit A, the estimated cost of which is $1,803,200. The City agrees to record the location of each said service line in respect to the corner of the lot served, and to retain said records in its possession. The Developer and the City shall share in the cost of the water improvements as follows: WATER FACILTIES: Estimated Estimated City Estimated Total Developer Cost Cost Cost Mains within Development $ 120,000 $ -0- $ 120,000 Approach $ 40,000 $ 1,020,000 $ 1,060,000 Easements* $ -0- $ -0- $ -0- Paving Repair $ 170,000 $ 210,000 $ 380,000 Services $ 50,000 $ -0- $ 50,000 Engineering $ 69,000 $ 92,000 $ 161,000 Sub-Total Water $ 449,000 $ 1,322,000 $ 1,771,000 Inspection $ 13,800 $ 18,400 $ 32,200 Grand Total $ 462,800 1 $ 1,340,400 1 $ 1,803,200 *To be dedicated by the developer. Developer will pay $95,925.68 for water and sewer impact fees, meter costs, and deposits. (An additional $27,887.20 misc. service connections will be paid outside the Formal CFA.) 11 Ij]�lii � Al]Saints Episcopal Hospital Addition,Lot iR,Block 1 u J i1= 1 Page 3of5 t � PMAIV l7 S� IUd 9 1. The costs stated herein may be based upon construction estimates rather than actual cost. WATER COST SHARE(Developer pays for 100% of water relocation in Mistletoe and in Eighth Ave from Mistletoe Blvd. and into Magnolia Street. Developer pays for 8'712" difference of water relocation in in Eighth Ave from Oleander Street to Mistletoe Blvd. and from Magnolia St. to Myrtle Street. The City pays for 16" water pipe, fittings, and valves in Myrtle St. from Eighth Ave to Sixth Ave and in Endedy St. and Myrtle St. west of Eighth Ave. See enclosed estimate table.) All Saints Episcopal Hospital Addition,Lot IF,Block 1 i Page 4of5 ��` � URI �R T� ��` 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 saig Developer ha executed t Ns instrument in quadruplicate, at Fort Worth, Texas this the eday of 006. Approval Recommended: Water Department I � �� cor:trac` Au hOrizatiop .k1 S. Frank Crumb ` Director Dare ATTEST: City O Worth City Secretary Assistant City Manager Marty Hendrix Marc A. Ott Approve o Form: Assistant it/Attorney DEVELOPER Baylor All Saints Medical ATTEST: Center Corporate Secretary By: Brad Gahm, Vice President/ Deputy General Council All Saints Episcopal Hospital Addition,Lot 1R,Block 1 �1 �I�''1b-.I'� �'��r���" Page 5 of ,iU�T�, 31C'l1�L?Y FV. r.n n 5 tluZ1 ,�,� , yu. 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FEE E _..i ST. ••(ii i I BAYLOR OFFICE OF GENERAL COUNSEL T Health Care System 2001 Bryan Street j' Suite 2800 Dallasjexas 75201 (214)820-4898 (214)820-1535 Telecopy www.BaylorHealth.com June 20, 2006 Mr. Peter Fu City of Fort Worth Water Department 1000 Throckmorton St. Fort Worth, Texas 76102 COMMUNITY FACILITIES AGREEMENT FOR BAYLOR ALL SAINTS MEDICAL CENTER LOT 1R, BLOCK 1,ALL SAINTS EPISCOPAL HOSPITAL ADDITION Dear Peter, Baylor All Saints Medical Center (BAS) understands the need for off-site water improvements related to the new development for the Women's Hospital, Medical Office Building (MOB) and Parking Garage. The scope and guaranteed maximum costs that will be included in the Community Facilities Agreement (CFA)between the City of Fort Worth and BAS are: New Development Relocation of line in Mistletoe Blvd. and 8th Ave. (12" line) $168,000.00 Upgrade 8" line to 12" line in 8th Ave. from Oleander to Myrtle St. $238,800.00 Service connections for the MOB and Women's Hospital $56,000.00 Subtotal $462,800.00 Fees and Meters Impact fees for water service (MOB and Women's Hospital) $60,472.00 Impact fees for wastewater(MOB and Women's Hospital) $18,664.00 Meter deposits and fees (MOB and Women's Hospital) $16,789.68 Subtotal $95,925.68 Relocations of Service (Not in CFA) PAB & Fire line service relocation $27,887.20 Total Cost(G-Max Amount) $586,612.88 Baylor All Saints Medical Center is committed to enter into a formal Community Facilities Agreement with the City of Fort Worth for the offsite water improvements described herein. Furthermore, BAS is committed to deliver payments in the amount of $462,800.00 (New Development) and $95,925.68 (Impact Fees and Meters) by August 1, 2006 to fal-ifitntc the f; �E,CIilk,I F�Eu l� approval of CFA by the City Council. In addition, with this letter and the signed informal CFA together with a check in the amount of $27,887.20, BAS requests the Water Department to release its comments on the foundation permit. All amounts described herein are considered guaranteed maximum amounts (G-Max)BAS will commit to this project for the work described. You have agreed that the City of Fort Worth will proceed with the process to approve and construct the necessary infrastructure improvements as described. BAS understands that a Certificate of Occupancy will not be issued for on-site construction until the off-site improvements are accepted by the City of Fort Worth. The above information is provided per your request. If you require any additional information,please contact me at 214-979-6523. Sincerely, Brad Gahm Baylor Health Care System Vice President/Deputy General Counsel Cc: Steven Newton, BAS Steven Donnelly, TCC Dave Suarez,TCC Steve Standifer, HRT CIA Iilk s�y0�p0 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/8/2006 DATE: Tuesday, August 08, 2006 LOG NAME: 60ALL SAINTS REFERENCE NO.: C-21612 SUBJECT: Authorize Execution of a Community Facilities Agreement with Baylor All Saints Medical Center to Construct Offsite Water Improvements to Serve the All Saints Episcopal Hospital Addition, Lot 1R, Block 1 (The Women's Hospital, Medical Office Building, and Parking Garage) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Community Facilities Agreement with Baylor All Saints Medical Center to install the offsite water improvements to serve the All Saints Episcopal Hospital Addition, Lot 1R, Block 1 (The Women's Hospital, Medical Office Building, and Parking Garage), a new development in central Fort Worth. DISCUSSION: Baylor All Saints Medical Center has executed a proposed contract for community facilities to serve a new development located in the central part of Fort Worth, south of Mistletoe Boulevard and west of Eighth Avenue (see attached map). Baylor All Saints Medical Center is committed to deliver payments of $462,800 by August 1, 2006. After this, the City will award the contract in another M&C which will appropriate the City's participation for this project. The total estimated cost for offsite water improvements for this development is $1,803,200. Baylor All Saints Medical Center will pay for 100% of water relocation in Mistletoe Boulevard and in Eighth Avenue from Mistletoe Boulevard to Magnolia Street. Baylor All Saints Medical Center will pay the oversize of water main from 8-inch to 12-inch in Eighth Avenue from Oleander Street to Mistletoe Boulevard and from Magnolia Street to Myrtle Street. The City pays for the entire cost of extending a 16-inch water line in Myrtle Street from Sixth Avenue to Enderly Street. The Developer and City estimated costs for offsite water improvements are subject to construction inspection fees. ESTIMATED COST: PROJECT COST DEVELOPER CITY TOTAL WATER $449,000.00 $1,322,000.00 $1,771,000.00 INSPECTION $13,800.00 $18,400.00 $32,200.00 TOTAL $462,800.00 $1,340,400.00 $1,803,200.00 This development is zoned G and located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action have no material effect on City funds. Logname: 60SOUTHWEST Page 1 of 2 TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office by: Marc Ott(6122) Originating Department Head: S. Frank Crumb (8207) Additional Information Contact: S. Frank Crumb (8207) Logname: 60SOUTHWEST Page 2 of 2