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HomeMy WebLinkAboutContract 45147 (2)COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS COUNTY OF TARRANT § City Secretary Contract No. �' )'5) WI 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: Fort Worth Surgicare Partners, Ltd. by THVG Fort Worth GP, LLC Address, State, Zip Code: 15305 Dallas Parkway, Suite 1600, Dallas, TX 75001 Phone, E-Mail: 214-649-4955, lynnw@uspi.com Authorized Signatory/Title: Lynn Warren, Vice President Project Name and Brief Description: Water, Sewer, Drainage and Street Light Improvements to serve the new Baylor Surgical Hospital. Project Location: 1800 Park Place, Fort Worth, TX Plat Case No.:FS-013-078 Plat Name: Lots 1 and 2, Block 1, Baylor Surgical Hospital Addition Council District: 9 City Project No: 02158 CFA: DOE: 7104 To be completed by staff. Received by: Date: L l ',i k 1 OFF11CiltraRECORD Ctin`citr SECRETARY # `E, WORTH, TX RECEJVEIJ NOV 2 2013 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 confounance 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 confouuance with paragraph 8, Section II, of the Policy. F. For all Improvements included m 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 prequahfied to perform water/waste water construction as the case may be. ii. To require its contractor to furnish to the City a payment and perfolluance bond in 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 iniuries, 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 iniuries, 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 stoun 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: Baylor Surgical Hospital CFA No.: DOE No.:7104 Items A. Water and Sewer Construction 1. Water Construction 2. Sewer Construction Water and Sewer Construction Total B. TPW Construction 1. Street 2. Storm Drain 3. Street Lights Installed by Developer TPW Construction Cost Total .$ $ $ Developer's Cost 101, 804.30 8,480.00 110, 284.30 28,111.78 108, 823.20 6,675.00 143, 609.98 Total Construction Cost (excluding the fees): $ 253,894.28 Construction Fees: C. Water/Sewer Inspection Fee (2%) $ 2,205.69 D. Water/Sewer Material Testing Fee (2%) $ 2,205.69 Sub -Total for Water Construction Fees $ 4,411.37 E. TPW Inspection Fee (4%) $ 5,477.40 F. TPW Material Testing (2%) $ 2,738.70 G. Street Light Inspection Cost $ 267.00 H. Street Signs Installation Cost $ - Sub -Total for TPW Construction Fees $ 8,483.10 Total Construction Fees: $ 12,894.47 Choice Financial Guarantee Options, choose one Amount (ck one) Bond = 100% $ 253,894.28 Completion Agreement = 100% / Holds Plat $ 253,894.28 Cash Escrow Water/Sanitary Sewer 125% $ 137,855.38 Cash Escrow Paving/Storm Drain = 125% $ 179,512.48 Letter of Credit = 125% w/2yr expiration period $ 317,367.85 V 7 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 Deploper has executed this instrument CITY OF FORT WORTH - Recommended by: Water Department Wendy Chi-Ba1bulal, EMBA, P.E. Development Engineering Manager Approved as to Form & Legality: D. glas '. Black Assistant City Attorney M&C No. Ai Ar Date: ATTEST: Mary J. Kayser City Secretary ATTEST: Signature (Print) N`ime: Title: ©Fri ©i Tr {`111 FT. k-} W3977 y� W1611 111G corporate seal of the �16�' affixed, U11U said ivvyivrva has executed this in quadruplicate, at Fort Worth, Texas this � 1 day of ft/O VP 20 `� Transportation & Public Works Department Douglas W. Wiersig, P.E. Director Approved by City Manager's Office cren44.4 Fernando Costa Assistant City Manager DEVELOPER: Fort Worth Surgicare Partners, Ltd. By: THVG Fort Worth GP, LLC its general partner (Print) Name: Title: 8 V ice Signature h �✓��s«lam k • PAIGE LAUREN MCCONATHY Notary Public, State of Texas My Commission Expires July 18, 2017 e417) • • 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 ►1 s ►1 m (Remainder of Page Intentionally Left Blank) 9 THE CITY OF FORT WORTH, TEXAS COST EXHIBITS PARK PLACE SURGICAL CENTER Pk PARK PLACE AVE ROSEDALE ST PROJECT LOCATION w 0 a. w w LOCATION MAP N.T.S. FORT WORTH fl Kimley-Horn and Associates, Inc. CONNECT TO EX. 12" WATER LINE [—PROP. FIRE HYDRANT PROP. 8" WATER LINE IMPROVEMENTS /- PROP. 12"I WATER LINE IMPROVEMENTS CONNECT TO — EXISTING 12" WATER LINE ENDERLY PLACE t" 12" iJ 12" W EX. FIRE HYDRANT SERVICE TO BE ABANDONED PROPOSED BUILDING EX. FIRE HYDRANT SERVICE TO BE ABANDONED Scale: 1" = 100' EX. 30" TO REMAIN LEGEND PROP. 8" WATER LINE IMPROVEMENTS CONNECT TO EX. 6" WATER LINE a- w WATER LINE 12 W WATER LINE EX. WATER LINE EX. WATER LINE EX. WATER LINE FIRE HYDRANT 0 WATER METER EXHIBIT A: WATER IMPROVEMENTS BAYLOR SURGICAL CENTER run� IOniey�Flam endABeOdeee .1 Water Improvements Bid Item No. Item No. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 0241.1510 0241.1102 0241.1103 0241.1012 0241.1013 3311.0061 3311.0161 3311.0261 3311.0461 3311.0001 3312.0102 3312.0105 9999.9999 0241.1511 9999.9999 3312.2203 3312.2801 0241.1602 3312.0002 3201.0151 3312.3003 3312.3005 3305.0109 3471.0001 Baylor Surgical Hospital Infrastructure Improvements Water Cost Estimate Item Description Salvage Fire Hydrant 6" Pressure Plug 8" Pressure Plug Remove 6" Water Line Remove 8" Water Line 4" PVC Water Pipe 6" PVC Water Pipe 8" PVC Water Pipe 12" PVC \Vater Pipe Ductile Iron Water Fittings w/ Restraint Connection to Existing 6" Water Main Connection to Existing 12" Water Main Remove and Replace 1" Water Service and Meter Salvage 3/4" Water Meter 2" Irrigation Service 2" Water Service 3" Water Meter and Vault Remove Concrete Water Vault Water Sampling Station Permanent Asphalt Pvmt Repair 8" Gate Valve 12" Gate Valve Trench Safety Traffic Control Specification Section No. Unit Total Quantity Unit Price Item Cost 02 41 14 02 41 14 3311 10 02 41 14 02 41 14 33 11 12 33 11 12 33 11 12 33 11 12 33 11 11 33 12 25 33 12 25 9999.9999 U2 41 14 9999.9999 33 12 10 331211 02 41 14 33 12 50 320117 33 12 20 33 12 20 33 05 10 34 71 13 EA EA EA LF LF EA EA EA EA EA EA EA EA EA EA EA CY LF LF LF LF LF LF LF 2 1 1 100 120 62 9 430 118 1.6845 1 2 1 2 1 1 2 1 1 985 2 2 619 $300.00 $550.00 $550.00 $5.00 $5.00 $18.00 $20.00 $23.00 $55.00 $7,400.00 $950.00 $1,100.00 $2,100.00 $300.00 $3,125.00 $2,750.00 $15,500.00 $650.00 $2,450.00 $10.00 $1,300.00 $2,425.00 $2.00 $4,500.00 $600.00 $550.00 $550.00 $500.00 $600.00 51,116.00 $180.00 $9,890.00 $6,490.00 $12,465.30 $950.00 $2,200.00 $2,100.00 $600.00 $3,125.00 $2,750.00 $31,000.00 $650.00 $2,450.00 $9,850.00 $2,600.00 $4,850.00 $1,238.00 $4,500.00 Subtotal Unit I Bid:I $101,804.30 PROP. 4" SANITARY SEWER IMPROVEMENTS\ CONNECT TO EX. PARK PLACE AVE SANITARY SEWER ENDERLY PLACE Scale: 1" = 100' LEGEND SEWER LINE EX. SEWER LINE EX. MANHOLE EXHIBIT A-1: SEWER IMPROVEMENTS BAYLOR SURGICAL CENTER ❑u❑ erdA�ocfaleainc. I Sewer Improvements Item No. Bid Item No. 1 12 13 14 15 1 3301.0101 3331.3101 9999.9999 3339.1001 3339.1003 Baylor Surgical Hospital Infrastructure Improvements Sanitary Sewer Cost Estimate Manhole Vacuum Testing 4" Sewer Service Connection to Existing 4' Dia. SSMH 4' Manhole 4' Extra Depth Manhole Specification Section No, Unit Total Quantity .33 01 30 33 31 50 9999.9999 33 39 10, 33 39 20 33 39 10, 33 39 20 EA EA 1 EA EA VF 2 Unit Price $200.00 $630.00 62,750.00 $4,200.00 $350.00 Subtotal Unit II Bid: Item Cost $200.00 $630.00 $2,750.00 64,200.00 $700.00 $8,480.00 \ PROP. SIDEWALK IMPROVEMENTS "(1 \\\ \\\ \\\\ _\)\ LLI 0 -J a. >- PROP.- ffi PAVING_ 9 - IMPROVEMENTS w PROP. - SIDEWALK IMPROVEMENTS PROP. — PAVING IMPROVEMENTS PARK PLACE AVE Scale: 1" 1" = 100' LEGEND CONCRETE PAVEMENT SIDEWALK EXHIBIT B: PAVING IMPROVEMENTS BAYLOR SURGICAL CENTER czn.itiriz.. Baylor Surgical Hospital Infrastructure Improvements Paving Cost Estimate Paving Improvements Item No. Bid Item No. Item Description 1 3 4 5 6 7 8 9 10 0241.0100 0241.1000 3213.0102 3211.0501 3213.0301 3217.0009 3231.0113 3291.01 3292.04 3471.0001 Remove Sidewalk Remove Couc Pent 7" Conc Pvnu 6" Lime Treatment 4" Cone Sidewalk 4" SLD Pvnit Marking Paint (W) 6' Chain Link, Steel Topsoil Seeding, Hydromttleh Traffic Control Specification Section No. Unit Total Quantity Unit Price Item Cost 02 41 13 02 41 15 32 13 13 32 11 29 32 13 20 32 17 23 32 31 13 32 91 19 32 92 13 34 71 13 SF SY SY SY SF LS LF CY SY LS 700 1620 120 126 454 1 357 286 857 1 $1.10 $1.10 $46.80 $4.30 $4.30 I$1,600.00 1517.25 1525.85 150.65 151,750.00 Subtotal Unit III Bid• $770.00 $1,782.00 $5,616.00 $541.80 $1,952.20 $1,600.00 $6,158.25 $7,384.48 $557.05 $1,750.00 $28,111.78 \ \ PROP. \ i` A EARTHEN CHANNEL PROP.— IMPROVEMENTS CONCRETE \ CHANNEL IMPROVEMENTS PROP. STORM DRAIN IMPROVEMENTS (2) 7'X2' RCBS Scale: 1" = 100' EXHIBIT B-1: STORM DRAIN IMPROVEMENTS BAYLOR SURGICAL CENTER Baylor Surgical Hospital Infrastructure Improvements Storm Drain Cost Estimate Storm Drain Improvements Item No. Bid Item No. 1 3 4 5 6 7 8 9 10 3123.0101 3125.0101 0241.3019 3137.0103 3137.0104 3292.05 9999.9999 3341.1401 3349.1 3305.0109 Item Description Unclassified Excavation SWPPP > 1 acre Remove 36" Storm Line Large Stone Riprap, grouted Aieduun Stone Riprap, dry Seeding, Soil Retention Blanket Concrete Lined Charnel (2) 7x2 Box Culvert (Headwall. Box Culvert 'Trench Safety Specification Section 1 Unit No. 31 23 16 31 25 00 02 41 14 31 37 00 31 37 00 32 92 13 9999.9999 33 41 10 33 49 40 33 05 10 CY LS LF SY SY SY SY LF CY LF Total Quantity 2100 1 140 270 100 266 620 58 182 158 Unit Price $2.70 $6,000.00 $10.72 $95.00 $12.00 $5.00 $47.62 $415.00 $1,650.00 $5.00 Subtotal ttnll IV Bid: Item Cost $5,670.00 $6,000.00 $1,500.80 $25,650.00 $1,200.00 $1,330.00 $29,524.40 $24,070.00 $13,530.00 $348.00 $108,823.201 1.8 ENDERLY PLACE \,\ PROP. STREET LIGHT RELOCATION \\, f PARK PLACE AVE Scale: 1" = 100' LEGEND • STREET LIGHT EXHIBIT C: STREET LIGHT IMPROVEMENTS BAYLOR SURGICAL CENTER Gi'Li °Moarles, km. Street Light and Signs Improvements 1 3 4 5 6 Item No. Bid Item No. 3441.3.502 3441.3303 3441.1408 3441.1409 2605.3011 9999.9999 Baylor Surgical Hospital Infrastructure Improvements Street Light and Signs Cost Estimate Item Description Relocate Street Light Pole Rdwy Minn Foundation TY 7 NO 6 Insulated Elec Condr NO 8 Insulated Elec Condr 2" CONDT PVC SCH 40 (T) Relocate Existing Sian Specification Section ( Unit No. Total Quantity Unit Price Item Cost 34 41 20 34 41 20 34 41 10 34 41 10 26 05 33 9999.9999 EA EA LF LF LF EA 1 315 105 105 1 '$1,501.00 $2,500.00 $1.50 $1.30 $18.00 I$175.00 Subtotal Uult V Bid:1 $1,501.00 $2,500.00 $472.50 $136.50 $1,890A0 I$175.00 $6,675.001