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HomeMy WebLinkAboutContract 59539Received Date: J u n 8, 2023 Received Time: 4:50 p.m. Developer and Project Information Cover Sheet: Developer Company Name Address, State, Zip Code: Phone & Email: Authorized Signatory, Title: Project Name: HCA Health Services of Texas, Inc. 2545 Park Plaza, Nashville TN 37203 ioe.sowell(&hcahealthcare.com 1214-499-0855 Joseph A. Sowell III, Senior Vice President HCA Behavioral Health Hospital Brief Description: Water, Sewer, and Paving Project Location: South of Alliance Town Center Blvd. and east of IH 35W Plat Case Number: Not provided Plat Name: Not provided Mapsco: Not provided Council District: 4 CFA Number: 23-003 City Project Number: CPN 104380 I IPRC22-0180 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Page 1 of 16 Standard Community Facilities Agreement Rev. 9/21 City Contract Number: 59539 STANDARD COMMUNITY FACILITIES AGREEMENT This COMMUNITY FACILITIES AGREEMENT ("Agreement") is made and entered into by and between the City of Fort Worth ("City"), a home -rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager, and HCA Health Services of Texas, Inc. ("Developer"), acting by and through its duly authorized representative. City and Developer are referred to herein individually as a "party" and collectively as the "parties." WHEREAS, Developer is constructing private improvements or subdividing land within the corporate limits of Fort Worth, Texas or its extraterritorial jurisdiction, for a project known as HCA Behavioral Health Hospital ("Project"); and WHEREAS, the City desires to ensure that all developments are adequately served by public infrastructure and that the public infrastructure is constructed according to City standards; and WHEREAS, as a condition of approval of the Project, Developer is required to bear a portion of the costs of municipal infrastructure by constructing the public infrastructure necessary for the Project as described in this Agreement ("Community Facilities" or "Improvements"); and WHEREAS, as a condition of approval of the Project, Developer is required to meet the additional obligations contained in this Agreement, and Developer may be required to make dedications of land, pay fees or construction costs, or meet other obligations that are not a part of this Agreement; and WHEREAS, the City is not participating in the cost of the Improvements or Project; and WHEREAS, the Developer and the City desire to enter into this Agreement in connection with the collective Improvements for the Project; NOW, THEREFORE, for and in consideration of the covenants and conditions contained herein, the City and the Developer do hereby agree as follows: 1. CFA Ordinance The Community Facilities Agreements Ordinance ("CFA Ordinance"), as amended, is incorporated into this Agreement by reference, as if it was fully set out herein. Developer agrees to comply with all provisions of the CFA Ordinance in the performance of Developer's duties and obligations pursuant to this Agreement and to cause all contractors hired by Developer to comply with the CFA Ordinance in connection with the work performed by the contractors. If a conflict exists between the terms and conditions of this Agreement and the CFA Ordinance, the CFA Ordinance shall control. OFFICIAL RECORD City of Fort Worth, Texas CITY SECRETARY Page 2 of 16 Standard Community Facilities Agreement FT. WORTH, TX Rev. 9/21 2. Incorporation of Engineering Plans The engineering plans for the Improvements that have been approved by the City ("Engineering Plans") are incorporated into this Agreement by reference as if fully set out herein. Developer shall provide at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to construct the Improvements required by this Agreement. 3. Description of Improvements; Exhibits and Attachments The following exhibits describe the general location, nature and extent of the Improvements that are the subject of this Agreement and are attached hereto and incorporated herein by reference: E Exhibit A: Water E Exhibit A-1: Sewer E Exhibit B: Paving ❑ Exhibit 13-1: Storm Drain ❑ Exhibit C: Street Lights & Signs The Location Map and Cost Estimates are also attached hereto and incorporated herein by reference. To the extent that Exhibits A, A-1, B, B-1, C, the Location Map, or the Cost Estimates conflict with the Engineering Plans, the Engineering Plans shall control. If applicable, Attachment 1 — Changes to Standard Community Facilities Agreement, Attachment 2 — Phased CFA Provisions, and Attachment 3 — Concurrent CFA Provisions, are attached hereto and incorporated herein for all purposes. 4. Construction of Improvements 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 specifications, the Engineering Plans, the Cost Estimates provided for the Improvements, and this Agreement. Developer acknowledges that City will not accept the Improvements until the City receives affidavits and lien releases signed by Developer's contractors verifying that the contractors, and all subcontractors and material suppliers, have been paid in full for constructing the Improvements, and consent of the surety on payment and performance bonds provided for the Improvements. 5. Financial Guarantee Developer has provided the City with a financial guarantee in the form and amounts set forth in this Agreement which guarantees the construction of the Improvements and payment by Developer of all contractors, subcontractors, and material suppliers for the Improvements ("Financial Guarantee"). Developer shall keep the Financial Guarantee in full force and effect until released by the City and shall not reduce the amount of the Financial Guarantee unless authorized by the City in accordance with the CFA Ordinance. City of Fort Worth, Texas Page 3 of 16 Standard Community Facilities Agreement Rev. 9/21 6. Completion Deadline; Extension Periods This Agreement shall be effective on the date this Agreement is executed by the City's Assistant City Manager ("Effective Date"). Developer shall complete construction of the Improvements and obtain the City's acceptance of the Improvements within two (2) years of the Effective Date ("Term"). If construction of the Improvements has started during the Term, the Developer may request that this Agreement be extended for an additional period of time ("Extension Period"). All Extension Periods shall be agreed to in writing by the City and the Developer as set forth in a written amendment to this Agreement. In no event shall the Term of this Agreement plus any Extension Periods be for more than three years. 7. Failure to Construct the Improvements (a) The City may utilize the Developer's Financial Guarantee to cause the completion of the construction of the Improvements if at the end of the Term, and any Extension Periods, the Improvements have not been completed and accepted by the City. (b) 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 the Improvements before the expiration of the Term, and any Extension Period, if the Developer breaches this Agreement, becomes insolvent, or fails to pay costs of construction. (c) If the Financial Guarantee is a Completion Agreement and the Developer's contractors or suppliers are not paid for construction costs or materials supplied for the Improvements the contractors and suppliers may place a lien upon any property which the City does not have an ownership interest that is the subject of the Completion Agreement. (d) Nothing contained herein is intended to limit the Developer's obligations under the CFA Ordinance, this Agreement, the Financial Guarantee, Developer's agreements with Developer's contractors, or other related agreements. 8. Termination If Developer desires to terminate this Agreement before Developer's contractors begin constructing the Improvements, Developer agrees to the following: (a) that Developer and City must execute a termination of this Agreement in writing; (b) that Developer will vacate any final plats that have been filed with the county where the Project is located; and (c) to pay to the City all costs incurred by the City in connection with this Agreement, including time spent by the City's inspectors at preconstruction meetings. 9. Award of Construction Contracts City of Fort Worth, Texas Page 4 of 16 Standard Community Facilities Agreement Rev. 9/21 (a) Developer will award all contracts for the construction of the Improvements and cause the Improvements to be constructed in accordance with the CFA Ordinance. (b) Developer will employ construction contractors who meet the requirements of the City to construct the Improvements including, but not limited, to being prequalified, insured, licensed and bonded to construct the Improvements in the City. (c) Developer will require Developer's contractors to provide the City with payment and performance bonds naming the City and the Developer as dual obligees, in the amount of one hundred percent (100%) of the cost of the Improvements as required by the CFA Ordinance. The payment and performance bonds shall guarantee construction of the Improvements and payment of all subcontractors and material suppliers. Developer agrees to require Developer's contractors to provide the City with a maintenance bond naming the City as an obligee, in the amount of one hundred percent (100%) of the cost of the Improvements, that guarantees correction of defects in materials and workmanship for the Improvements by the contractor and surety for a period of two (2) years after completion and final acceptance of the Improvements by the City. All bonds must be provided to the City before construction begins and must meet the requirements of the City's Standard Conditions, Chapter 2253 of the Texas Government Code, and the Texas Insurance Code. (d) Developer will require Developer's contractors to provide the City with 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 must be named as an additional insured on all insurance policies. The Developer must provide the City with a Certificate of Insurance (ACORD or form approved by the State of Texas), supplied by each contractor's insurance provider, which shall be made a part of the Project Manual. (e) Developer will require the Developer's contractors to give forty-eight (48) hours' advance notice of their intent to commence construction of the Improvements to the City's Construction Services Division so that City inspection personnel will be available. Developer will require Developer's contractors to allow construction of the Improvements to be subject to inspection at any and all times by the City's inspectors. Developer will require Developer's contractors to not install or relocate any sanitary sewer, storm drain, or water pipe unless a City inspector is present and gives consent to proceed, and to allow such laboratory tests as may be required by the City. (f) Developer will not allow Developer's contractors to begin construction of the Improvements until a notice to proceed to construction is issued by the City. (g) Developer will not allow Developer's contractors to connect buildings to service lines of sewer and water mains constructed pursuant to this Agreement, if any, until said sewer, water mains and service lines have been completed to the satisfaction of the City. 10. Utilities Developer shall cause the installation or adjustment of utilities required to: (1) serve the Project; and (2) to construct the Improvements required herein. City shall not be responsible for payment of 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 Improvements to be constructed pursuant to this Agreement. City of Fort Worth, Texas Page 5 of 16 Standard Community Facilities Agreement Rev. 9/21 11. Easements and Rights -of -Way Developer agrees to provide, at its expense, all necessary rights -of -way and easements required for the construction and dedication to the City of the Improvements provided for by this Agreement. 12. Liability and Indemnification (a) DEVELOPER HEREBY RELEASES AND AGREES TO INDEMNIFY, DEFEND AND HOLD THE CITY HARMLESS FOR ANY INADEQUACIES IN THE PRELIMINARY PLANS, SPECIFICATIONS, ENGINEERING PLANS, AND COST ESTIMATES SUPPLIED BY THE DEVELOPER FOR THIS AGREEMENT. (b) THE DEVELOPER 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 ONACCOUNT OFANYINJURIES OR DAMAGES SUSTAINED BYANYPERSONS, INCL UDING 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, ITS CONTRACTORS, SUBCONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES, OR IN CONSEQUENCE OF ANY FAILURE TO PROPERLY SAFEGUARD THE WORK, OR ONACCOUNT OFANYACT, INTENTIONAL OR OTHERWISE, NEGLECT OR MISCONDUCT OF SAID DEVELOPER, ITS CONTRACTORS, SUB -CONTRACTORS, OFFICERS, AGENTS OR EMPLOYEES. IN THE EVENT A COURT OF COMPETENT JURISDICTIONMAKES A FINDING THAT INJURY OR DAMAGE WERE CAUSED FROM THE JOINT OR CONCURRENT NELIGENT OR INTENTIONAL ACTS OR OMISSIONS OF THE PARTIES, EACH PARTY SHALL BE LIABLE UNDER THIS INDEMNIFICATION IN PROPORTION TO ITS RELATIVE DEGREE OF FA ULT. (c) DEVELOPER WILL 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 INANY WAY CONNECTED WITH, THE CONSTRUCTION OF THE IMPROVEMENTS CONTEMPLATED HEREIN, HOWEVER, TO THE EXTENT A COURT OF COMPETENT JURISDICTION FINDS THAT SUCH INJURIES, DEATH OR DAMAGES WERE CAUSED FROM THE JOINT OR CONCURRENT NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS OF THE DEVELOPER'S CONTRACTORS, DEVELOPER, OR CITY, EACH PARTY SHALL BE LIABLE UNDER THIS INDEMNIFICATION IN PROPORTION TO ITS RELATIVE DEGREE OF FAULTFURTHER, DEVELOPER WILL REQUIRE ITS CONTRACTORS TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES SUFFERED BY THE CITY OR CAUSED ASA RESULT OF SAID CONTRACTORS' FAILURE TO COMPLETE THE WORK AND CONSTRUCT THE IMPROVEMENTS IN A GOOD AND WORKMANLIKE MANNER, FREE FROM City of Fort Worth, Texas Page 6 of 16 Standard Community Facilities Agreement Rev. 9/21 DEFECTS, IN CONFORMANCE WITH THE CFA ORDINANCE, AND IN ACCORDANCE WITH ALL PLANS AND SPECIFICATIONS. 13. Right to Enforce Contracts Upon completion of all work associated with the construction of the Improvements, Developer will assign to the City a non-exclusive right to enforce the contracts entered into by Developer with its contractors, along with an assignment of all warranties given by the contractors, 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. 14. Estimated Fees Paid by Developer; Reconciliation Prior to execution of this Agreement, Developer has paid to the City the estimated cost of administrative material testing service fees, construction inspection service fees, and water testing lab fees in the amounts set forth in the Cost Summary section of this Agreement. Upon completion of the construction of the Improvements, the City will reconcile the actual cost of administrative material testing service fees, construction inspection service fees, and water testing lab fees with the estimated fees paid by Developer. If the actual costs of the fees are more than the estimated payments made by the Developer, the Developer must pay the difference to the City before the Improvements will be accepted by the City. If the actual costs of the fees are less than the estimated payments made by the Developer, the City will refund the difference to the Developer. If the difference between the actual costs and the estimated payments made by the Developer is less than fifty dollars ($50.00), the City will not issue a refund and the Developer will not be responsible for paying the difference. The financial guarantee will not be released by the City or returned to the Developer until reconciliation has been completed by the City and any fees owed to the City have been paid by the Developer. 15. Material Testing The City maintains a list of pre -approved material testing laboratories. The Developer must contract with material testing laboratories on the City's list. Material testing laboratories will provide copies of all test results directly to the City and the Developer. If the Improvements being constructed fail a test, the Developer must correct or replace the Improvements until the Improvements pass all retests. The Developer must pay the material testing laboratories directly for all material testing and retesting. The City will obtain proof from the material testing laboratories that the material testing laboratories have been paid in full by the Developer before the City will accept the Improvements. 16. Notices All notices required or permitted under this Agreement may be given to a party by hand - delivery or by mail, addressed to such party at the address stated below. Any notice so given shall be deemed to have been received when deposited in the United States mail so addressed with postage prepaid: CITY: Development Coordination Office City of Fort Worth City of Fort Worth, Texas Standard Community Facilities Agreement Rev. 9/21 DEVELOPER: HCA Health Services of Texas, Inc. Page 7 of 16 200 Texas Street Fort Worth, Texas 76102 With copies to: City Attorney's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 and City Manager's Office City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 2455 Park Plaza, Nashville TN 37203 Attn: Ryan McVey With conies to: HCA Health Services of Texas, Inc. 1100 Dr. Martin L. King, Jr. Blvd. Ste. 500 Nashville, TN 37203 Attn: Vice President, Real Estate Or to such other address one party may hereafter designate by notice in writing addressed and mailed or delivered to the other party hereto. 17. Right to Audit Developer agrees that, until the expiration of three (3) years after acceptance by the City of the Improvements constructed pursuant to this Agreement, that the City shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Developer involving transactions relating to this Agreement. Developer agrees that the City shall have access during normal working hours to all necessary Developer facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Developer reasonable advance notice of intended audits. Developer further agrees to include in all contracts with Developer's contractors for the Improvements a provision to the effect that the contractor agrees that the City shall, until the expiration of three (3) years after final payment under the contract, have access to and the right to examine any directly pertinent books, documents, papers and records of such contractor, involving transactions to the contract, and further, that City shall have access during normal working hours to all of the contractor's facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Developer's contractors reasonable advance notice of intended audits. 18. Independent Contractor It is expressly understood and agreed that Developer and its employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers shall operate as independent contractors as to all rights and privileges and work performed under this Agreement, and not as agents, representatives or employees of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Developer shall have the exclusive right to control the details of its operations and activities and be solely City of Fort Worth, Texas Page 8 of 16 Standard Community Facilities Agreement Rev. 9/21 responsible for the acts and omissions of its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer acknowledges that the doctrine of respondeat superior shall not apply as between the City and its officers, representatives, agents, servants and employees, and Developer and its employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Developer further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Developer. It is further understood that the City shall in no way be considered a co -employer or a joint employer of Developer or any employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers of Developer. Neither Developer, nor any officers, agents, servants, employees or subcontractors of Developer shall be entitled to any employment benefits from the City. Developer shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers. The City, through its authorized representatives and employees, shall have the sole and exclusive right to exercise jurisdiction and control over City employees. 19. Applicable Law; Venue This Agreement shall be construed under and in accordance with Texas law. Venue shall be in the state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 20. Non -Waiver The failure of the City to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely on any such term or right on any fixture occasion. 21. Governmental Powers and Immunities. It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. 22. Headings The paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. 23. Severability In the event that any clause or provision of this Agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the remaining provisions hereof. City of Fort Worth, Texas Page 9 of 16 Standard Community Facilities Agreement Rev. 9/21 24. Review of Counsel City and Developer, and if they so choose, their attorneys, have had the opportunity to review and comment on this document; therefore any rule of contract construction or interpretation that would normally call for the document to be interpreted as against the drafting party shall not apply in interpretation of this Agreement, and each section, portion, and provision of this Agreement shall be construed solely on the basis of the language contained therein, regardless of who authored such language. 25. Prohibition on Boycotting Israel Developer acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company with 10 or more full-time employees that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" have the meanings ascribed to those terms by Chapter 2271 of the Texas Government Code. To the extent that Chapter 2271 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott Israel; and (2) will not boycott Israel during the term of this Agreement. 26. Prohibition on Boycotting Energy Companies Developer acknowledges that in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meanings ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 27. Prohibition on Discrimination Against Firearm and Ammunition Industries Developer acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To City of Fort Worth, Texas Page 10 of 16 Standard Community Facilities Agreement Rev. 9/21 the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 28. Immigration and Nationality Act Developer shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Developer shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Developer shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Developer employee who is not legally eligible to perform such services. DEVELOPER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DEVELOPER, DEVELOPER'SEMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Developer, shall have the right to immediately terminate this Agreement for violations of this provision by Developer. 29. Amendment No amendment, modification, or alteration of the terms of this Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the City and Developer. 30. Assignment and Successors Developer shall not assign or subcontract all or any part of its rights, privileges, or duties under this Agreement without the prior written consent of City. Any attempted assignment or subcontract without the City's prior written approval shall be void and constitute a breach of this Agreement. 31. No Third -Party Beneficiaries The provisions and conditions of this Agreement are solely for the benefit of the City and Developer, and any lawful assign or successor of Developer, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 32. Compliance with Laws, Ordinances, Rules and Regulations Developer, its officers, agents, servants, employees, and contractors, shall abide by and comply with all laws, federal, state and local, including all ordinances, rules and regulations of City. It is agreed and understood that, if City calls to the attention of Developer any such violation on the part of Developer or any of its officers, agents, servants, employees, or subcontractors, then Developer shall immediately desist from and correct such violation. City of Fort Worth, Texas Page 11 of 16 Standard Community Facilities Agreement Rev. 9/21 33. Signature Authority The person signing this Agreement on behalf of Developer warrants that he or she has the legal authority to execute this Agreement on behalf of the Developer, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The City is fully entitled to rely on this warranty and representation in entering into this Agreement. 34. Counterparts This Agreement may be executed in multiple counterparts, each of which will be deemed an original, but which together will constitute one instrument. 35. Entire Agreement This written instrument, together with any attachments, exhibits, and appendices, constitutes the entire understanding between the City and Developer concerning the work to be performed hereunder, and any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall be void. [REMAINDER OF PAGE INTENTIONALLY BLANK] City of Fort Worth, Texas Page 12 of 16 Standard Community Facilities Agreement Rev. 9/21 36. Cost Summary Sheet Project Name: HCA Behavioral Health Hospital CFA No.: 23-0003 City Project No.: 104380 IPRC No.: 22-0180 Items Developer's Cost A. Water and Sewer Construction 1. Water Construction $ 393,915.01 2. Sewer Construction $ 58,330.50 Water and Sewer Construction Total $ 452,245.51 B. TPW Construction 1. Street $ 152,209.25 2. Storm Drain $ - 3. Street Lights Installed by Developer $ 4. Signals $ - TPW Construction Cost Total $ 152,209.25 Total Construction Cost (excluding the fees): $ 604,454.76 Estimated Construction Fees: C. Construction Inspection Service Fee $14,250.00 D. Administrative Material Testing Service Fee $1,470.00 E. Water Testing Lab Fee $450.00 Total Estimated Construction Fees: $ 16,170.00 Choice Financial Guarantee Options, choose one Amount (Mark one) (Bond = 100% $ 604,454.76 I X (Completion Aqreement = 100% / Holds Plat $ 604,454.76 (Cash Escrow Water/Sanitary Sewer= 125% $ 565,306.89 (Cash Escrow Pavinq/Storm Drain = 125% $ 190,261.56 (Letter of Credit = 125% $ 755,568.45 Escrow Pledqe Aqreement = 125% $ 755,568.45 City of Fort Worth, Texas Page 13 of 16 Standard Community Facilities Agreement Rev. 9/21 IN WITNESS WHEREOF, the City and Developer have each executed this Agreement by their duly authorized signatories to be effective on the date executed by the City's Assistant City Manager. CITY OF FORT WORTH DEVELOPER HCA Health Services of Texas, Inc. Darya BurghdoAc ;oe Dana Burghdoff (Ju , 202315:19 CDT) joe Sowell iii (Jun 5, 202313:16 CDT) Dana Burghdoff Joseph A. Sowell III Assistant City Manager Senior Vice President Date: J u n 6, 2023 Date: Jun 5, 2023 Recommended by: _01W., "." Dwayne Hollars (Jun 5, 202313:26 CDT) Dwayne Hollars Contract Compliance Specialist Development Services Approved as to Form & Legality: Contract Compliance Manager: Thomas Royce Hansen By signing, I acknowledge that I am the person Assistant City Attorney responsible for the monitoring and administration of this contract, including M&C No. N/A ensuring all performance and reporting Date: J u n 6, 2023 requirements. Form 1295: N/Asn paot4FOR�b�� Rebecca Diane Owen (Jun 5, 2023 14:45 CDT) p ipo° �yLj p' Op °pOO 0�� ATTEST: dam° ?.,d Rebecca Diane Owen Development Manager o d Jannette S. Goodall City Secretary OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Page 14 of 16 Standard Community Facilities Agreement Rev. 9/21 The following attachments are incorporated into this Agreement. To the extent a conflict exists between the main body of this Agreement and the following attachments, the language in the main body of this Agreement shall be controlling. Included Attachment © Attachment 1 - Changes to Standard Community Facilities Agreement ❑ Attachment 2 — Phased CFA Provisions ❑ Attachment 3 — Concurrent CFA Provisions ® Location Map ® Exhibit A: Water Improvements ❑X Exhibit A-1: Sewer Improvements X❑ Exhibit B: Paving Improvements ❑ Exhibit B-1: Storm Drain Improvements ❑ Exhibit C: Street Lights and Signs Improvements ® Cost Estimates (Remainder of Page Intentionally Left Blank) City of Fort Worth, Texas Page 15 of 16 Standard Community Facilities Agreement Rev. 9/21 ATTACHMENT "I" Changes to Standard Community Facilities Agreement City Project No. 104380 None City of Fort Worth, Texas Page 16 of 16 Standard Community Facilities Agreement Rev. 9/21 VOCOH07Y HAP N ,o E BONDS RANCH RD w o rn 0 4 w z PROJECT LOCATION �m HERITAGE TRACE PARKWAY I HERITAGE TRACE PARKWAY N M r o Q 3 0 z rc o G 4 .s � y m cy�y o � U W W Q > m � Z NORTH TARRANT PARKWAY NORTH TARRANT PARKWAY E HARMON RD GS \ MPSON RD THOMPSON RD TARRANT COUNTY X w Q E BAILEY BOSWELI RD MAPSCO JP-1 U Q cr— VICINITY MAP 0 0 (NOT TO SCALE) to U COUNCIL DISTRICT NO. 4 MAPSCO JP-1 DEVELOPED BY: L HCA HEALTH SERVICES OF TEXAS n ^ RYAN MCVEY, CONSTRUCTION MANAGER o cV 2545 PARK PLAZA, NASHVILLE, TN 37203 0 o TX REG. ENGINEERING FIRM F-469 (615) 344-2339 TX REG. SURVEYING FIRM LS-10008001 ' r7 N HCA BEHAVIORAL HEALTH HOSPITAL Q Pacheco KOCh 4060 BRYANT IRVIN ROAD VICINITY MAP EXHIBIT w FORT WORTH, TX 76109 z CITY PROJECT #104380 z � a Westwood com an s17.412.7155 p y LOCATED IN THE CRY OF FORT WORTH, TEXAS AND BEING OUT OF THE WILLIAM MCCOWEN SURVEY, / DRAWN BY CHECKED BY SCALE DATE JOB NUMBER ABSTRACT NO. 999, JWS I JWS I N.T.S. 103/20/2023 I 5202-21.747 TARRANT COUNTY, TEXAS CD (n I— M X LLJ Q U U CY n / O N 0 U J_ C) / � U L6 r N O N N N 00 Ln M / Q� w zb z �o co / EXHOoOT "A" o MA7ER 0 100 200 400 EXISTING 12" WATER GRAPHIC SCALE IN FEET ( MAIN PVC C900 CITY FILE NO. X-20219) PROPOSED 6" PUBLIC WATER LINE (95 LF) CONNECT TO EXIST 12" LINE (CITY FILE NO. X-20219) BEGIN PROPOSED WATER MAINS W-2 & W-3 PROPOSED 12" PUBLIC WATER MAIN rJ (95 LF) LOT 9R2, BLOCK A ALIANCE TOWN CENTER (INST. NO. D215138747) MOOON HOTEL AWANCE INVESTMENT, L-C. (INST. NO. D221196784) L \ ���/••JJN eEN�Ea 6 / r CONNECT TO EXIST 12" LINE (CITY FILE NO. X-20219) BEGIN PROPOSED WATER MAIN W-1 U PROPOSED \ \� PUBLIC FIRE \ \ HYDRANT ASSY. °POSED \ � �b � 1.1ANG� j /EST C WATER PL / �SERVICE & METER n J (PROPOSED 2" IRRIGATION L11 I l l l l l II SERVICES & METERS (2) PROPOSED PRIVATE 10" r FIRE SERVICE 1 I — PART OF HCA HEALTH SERNCES OF TEXAS, INC. (VOL. 18373, PG. 418) PROPOSED PRIVATE 10" FIRE LOOP I 1. o_ PROPOSED 15 PUBLIC WATER EASEMENT PRIVATE 8" (BY PLAT) FIRE SERVICE 26' PUBLIC ACCESS EASEMENT (INST. NO. D219038787) HILLWOOD MULTIFAMILY LAND, LP PROPOSED 4" ( TRACT 2 DOMESTIC WATER I (INST. NO. D211298930) (SERVICE & METER - I PROPOSED 12" WATER MAIN W-1 (1225 LF) I L— 0 1-15' PUBLIC WATER EASEMENT (BY PLAT) - � Y II II U PROPOSED PRIVATE 10" DEVELOPED BY: FIRE SERVICE HCA HEALTH SERVICES OF TEXAS CONNECT EXIST 2 LINE (CITY FILLE NO. X-23608) RYAN MCVEY, CONSTRUCTION MANAGER END PROPOSED WATER MAIN I 2545 PARK PLAZA, NASHVILLE, TN 37203 15' WATER EASEMENT— (615) 344-2339 (INST. NO. D216211015) LEGEND 12"W EXISTING 12" WATER LINE I EXISTS" WATERLINE PROPOSED WATER LINE (CITY FILE NO. X-23608) TX REG. ENGINEERING FIRM F-469 TX REG. SURVEYING FIRM LS-10008001 Pacheco Koch FOR WORTH IRVIN ROAD FORT WORTH, TX 76109 a Westwood company 1 817.412.7155 DRAWN BY I CHECKED BY I SCALE DATE JOB NUMBER JA JWS 1"=20003/20/2023 1 5202-21.747 METROPOLITAN AREA EMS AUTHORITY DBA MEDSTAR MOBILE HEALTHCARE (INST. NO. D219059435) 35' PROPOSED SANITARY SEWER EASEMENT (BY SEPARATE INSTRUMENT) RI r ' SANITARY SEWER EASEMENT (INST. NO. D216211013) HCA BEHAVIORAL HEALTH HOSPITAL WATER CFA EXHIBIT CITY PROJECT #104380 LOCATED IN THE CRY OF FORT WORTH, TEXAS AND BEING OUT OF THE WILLIAM MCCOWEN SURVEY, ABSTRACT NO. 999, TARRANT COUNTY, TEXAS CD Cf) M 2 x w Q U U CY n O N 0 U J_ CD / �o L6 r N O N N 00 Ln to / Q� w zb z �o co / EXHOo04 "&J" o SEWER 0 50 100 200 GRAPHIC SCALE IN FEET � I I � I I \ I C WATER EASEMENT—Yy (BY PLAT) 1� I � PROP. 4' DIA. SSMH RIM = 710.60 FL 8"=694.00 END PROPOSED SEWER MAIN S-1 PROPOSED 8" SEWER MAIN S-1 (289 LF) CONNECT TO EXIST SSMH (CITY FILE NO. X-23608) BEGIN PROPOSED SEWER MAIN S-1 DEVELOPED BY: HCA HEALTH SERVICES OF TEXAS RYAN MCVEY, CONSTRUCTION MANAGER 2545 PARK PLAZA, NASHVILLE, TN 37203 (615) 344-2339 LEGEND SS EXISTING 8" SEWER LINE PROPOSED 8" SEWER LINE TX REG. ENGINEERING FIRM F-469 TX REG. SURVEYING FIRM LS-10008001 Pacheco Koch a Westwood company DRAWN BY I CHECKED BY I SCALE JA JWS 1 "=100' 15' WATER EASEMENT- (INST. NO. D216211015) EXIST 8" SEWER MAIN (CITY FILE NO. X-23608) 4060 BRYANT IRVIN ROAD FORT WORTH, TX 76109 817.412.7155 s� i DA TE JOB NUMBER 03/20/2023 5202-21.747 PROPOSED PRIVATE 8" SANITARY SEWER METROPOLITAN AREA EMS AUTHORITY DBA MEDSTAR MOBILE HEALTHCARE (INST. NO. D219059435) = 35' PROPOSED SANITARY SEWER EASEMENT (BY SEPARATE INSTRUMENT) EXISTING 8" SANITARY SEWER MAIN (X-23608) 35' SANITARY SEWER EASEMENT (INST. NO. D216211013) HCA BEHAVIORAL HEALTH HOSPITAL SEWER CFA EXHIBIT CITY PROJECT #104380 LOCATED IN THE CRY OF FORT WORTH, TEXAS AND BEING OUT OF THE WILLIAM MCCOWEN SURVEY, ABSTRACT NO. 999, TARRANT COUNTY, TEXAS J C) CD �o L6 r N O N N 00 Ln to / Q� w zb Z � � o (n / C{aU o U4 o PLaMUIC� PROPOSED 289 �/ SF 4" CONC. / SIDEWALK PROPOSED 691 SF 8" CONC. PAVEMENT �j JPROPOSED 1921I SF 4" CONC. III SIDEWALK \ PART OF HCA HEAT SERVICES OF TE S, INC. (VOL 16373, G. 418) 0 \ 0 50 100 200 GRAPHIC SCALE IN FEET LEGEND PROPOSED CONC. DRIVEWAY \ PROPOSED 5' CONC. SIDEW DEVELOPED BY: FICA HEALTH SERVICES OF TEXAS RYAN MCVEY, CONSTRUCTION MANAGER 2545 PARK PLAZA, NASHVILLE, TN 37203 (615) 344-2339 TX REG. ENGINEERING FIRM F-469 TX REG. SURVEYING FIRM LS-10008001 Pacheco Koch F a Westwood company S DRAWN BY CHECKED BY SCALE JA JWS 1 "=100' 03 LOT 9R2, BLOCK A ALIANCE TOWN CENTER (INST. NO. D215138747) MOOON HOTEL ALLIANCE INVESTMENT, LLC. (INST. NO. D221196784) 060 BRYANT IRVIN ROAD ORT WORTH, TX 76109 17.412.7155 DA TE JOB NUMBER /20/2023 5202-21.747 3 )POSED 10721 RE 8" CONC. 7EMENT 1 6 � u I I I I I I I 1+@ftffL PROPOSED 1100 SF 4" CONC. SIDEWALK V I I rLLL�1111 PROPOSED1436 SF 8" CONC. PAVEMENT J PROPOSED123 SF 4" CONC. SIDEWALK FICA BEHAVIORAL HEALTH HOSPITAL PAVING CFA EXHIBIT CITY PROJECT #104380 LOCATED IN THE CRY OF FORT WORTH, TEXAS AND BEING OUT OF THE WILLIAM MCCOWEN SURVEY, ABSTRACT NO. 999, TARRANT COUNTY, TEXAS UNIT PRICE BID SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Project Item Information 00 42 43 DAP - BID PROPOSAL Page 1 of 4 Bidder's Application Bidder's Proposal Bidlist Item Description Specification Unit of Bid Unit Price Bid Value No. Section No. Measure Quantity UNIT I: WATER IMPROVEMENTS 1 3305.0109 Trench Safety 3305 10 LF 1321 $2.00 $2,642.001 2 3312.2203 2" Water Service 33 12 10 EA 2 $6,281.00 $12,562.001 3 3311.0041 4" Water Pipe 3311 12 LF 13 $30.00 $390.001 4 3311.0141 6" Water Pipe 3311 12 LF 83 $43.50 $3,610.501 5 3311.0461 12" PVC Water Pipe 3311 12 LF 1321 $112.50 $148,612.501 6 3311.0001 Ductile Iron Water Fittings w/ Restraint 33 11 11 TON 4.068 $6,029.50 $24,528.01 1 7 3312.2802 4" Water Meter and Vault 32 12 11 EA 2 $48,100.00 $96,200.001 8 3312.3002 6" Gate Valve 33 12 20 EA 4 $2,136.00 $8,544.001 9 3312.3003 8" Gate Valve 33 12 20 EA 1 $3,537.00 $3,537.001 10 3312.3105 12" Cut -in Gate Valve 33 12 20 EA 2 $6,500.00 $13,000.001 11 3312.3005 12" Gate Valve 33 12 20 EA 1 5 1 $5,276.401 $26,382.00 12 3312.0001 Fire Hydrant 33 12 40 EA 2 $6,761.00 $13,522.00 13 3312.0117 Connection to Existing 4"-12" Water Main 33 12 25 EA 3 $8,190.00 $24,570.001 14 3305.0202 Imported Embed ment/Backfill, CSS 33 05 10 CY 146 $100.00 $14,600.001 15 3305.0204 Imported Embed ment/Backfill, Crushed Rock 33 05 10 CY 27 $45.00 $1,215.001 TOTAL UNIT I: WATER IMPROVEMENTS $393,915.01 1 CITY OF FORT WORTH RISINGER ROAD SOUTH INDUSTRIAL PARK STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AWARDED PROJECTS CPN 102560 Form Version May 22, 2019 2023-04-49 Revised Bid Proposal DAP UNIT PRICE BID SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Project Item Information 00 42 43 DAP - BID PROPOSAL Page 2 of 4 Bidder's Application Bidlist Item Description Specification Unit of Bid No. Section No. Measure Quantity UNIT II: SANITARY SEWER IMPROVEMENTS 1 3301.0002 Post -CCTV Inspection 3301 31 LF 289 2 3301.0101 Manhole Vacuum Testing 3301 30 EA 2 3 3305.0109 Trench Safety 3305 10 LF 289 4 3331.4115 8" Sewer Pipe 3331 20 LF 289 5 3305.0112 Concrete Collar 33 05 15 EA 1 6 3305.0113 Trench Water Stops 33 05 15 EA 2 7 3339.1001 4' Manhole 33 39 10 EA 1 8 3339.1003 4' Extra Depth Manhole 33 39 10 VF 11 9 3339.0001 Epoxy Manhole Liner 33 39 60 VF 17 10 3305.0204 Imported Embed ment/Backfill, Crushed Rock 33 05 10 CY 6 11 3305.0202 Imported Embed ment/Backfill, CSS 33 05 10 CY 34 TOTAL UNIT II: SANITARY SEW =R IMPROVEMENTS Bidder's Proposal Unit Price I Bid Value $2.00 $578.001 $175.00 $350.001 $2.00 $578.001 $91.50 $26,443.501 $400.001 $400.001 $2,000.00 $4,000.001 $13,471.00 $13,471.001 $340.00 $3,740.001 $300.00 $5,100.001 $45.00 $270.001 $100.00 $3,400.001 $58,330.501 CITY OF FORT WORTH RISINGER ROAD SOUTH INDUSTRIAL PARK STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AWARDED PROJECTS CPN 102560 Form Version May 22, 2019 2023-04-49 Revised Bid Proposal DAP UNIT PRICE BID SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Project Item Information 00 42 43 DAP - BID PROPOSAL Page 3 of 4 Bidder's Application Bidlist Item Description Specification Unit of Bid No. Section No. Measure Quantity UNIT IV: PAVING IMPROVEMENTS 1 0241.1300 Remove Conc Curb&Gutter 0241 15 LF 343 2 0241.1000 Remove Conc Pvmt 0241 15 SY 739 3 3201.0616 Conc Pvmt Repair, Arterial/Industrial 3201 29 SY 739 4 3211.0400 Hydrated Lime 3211 29 TN 13.3 5 3211.0501 6" Lime Treatment 3211 29 SY 739 6 3213.0403 8" Concrete Driveway 32 13 20 SF 3213 7 3213.0301 4" Conc Sidewalk 32 13 20 SF 3378 8 3291.0100 Topsoil 3291 19 CY 58 9 3292.0100 Block Sod Placement 32 92 13 SY 519 TOTAL UNIT IV: PAVING IMPROVEMENTS Bidder's Proposal Unit Price I Bid Value $6.40 $2,195.201 $15.84 $11,705.761 $105.02 $77,609.781 $154.15 $2,050.201 $2.92 $2,157.881 $10.54 $33,865.021 $5.41 $18,274.981 $22.66 $1,314.281 $5.85 $3,036.151 $152,209.251 CITY OF FORT WORTH RISINGER ROAD SOUTH INDUSTRIAL PARK STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AWARDED PROJECTS CPN 102560 Form Version May 22, 2019 2023-04-49 Revised Bid Proposal DAP UNIT PRICE BID SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Project Item Information 00 42 43 DAP - BID PROPOSAL Page 4 of 4 Bidder's Application Bidlist Item Description Specification Unit of Bid No. Section No. Measure Quantity Bid Summary UNIT I: WATER IMPROVEMENTS UNIT II: SANITARY SEWER IMPROVEMENTS UNIT IV: PAVING IMPROVEMENTS This Bid is submitted by the entity named below: BIDDER: Moss Utilities, LLC 11050 Ables Lane Dallas, TX 75229 Contractor agrees to complete WORK for FINAL ACCEPTANCE within CONTRACT commences to run as provided in the General Conditions. Total Construction Bid BY: TITLE: Projee andger DATE: 5/4/ OZ 23 END OF SECTION Bidder's Proposal Unit Price Bid Value $393,915.01 $58,330.50 $152,209.251 1 $604,454.751 45 working days after the date when the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 RISINGER ROAD SOUTH INDUSTRIAL PARK CPN 102560 2023-0448 Revised Bid Proposal DAP