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HomeMy WebLinkAboutContract 45253 if COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRA.NT § Contract No. _. • S3,___ WHEREAS, the undersigned Developer ("Developer") desires to make certain P 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: i Developer Company Name: HCA Health Services of Texas, Inc. Il y� Address, State, Zip Code: One Park Plaza, Bldg. 2 1 Nashville,TN 37203 Phone, E-Mail: (615) 344-5962,nick.paul(a3HCAHealthcare.com �f 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 �t 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 b T y: Date: OFFICI AL RECORD CITYSECRETARY RECEIVED DEC 2 6 ��� VI IIDw � ,TX r 11 1 ` � NOW,THEREFORE, For and io consideration o{the covenants and conditions contained herein, the City and the Developer do hereby agree oafollows: �� General Requirements A. The Policy for the Installation of Community Facilities ("Po|ioy") dated March 2001, N� 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 rthe Policy in connection with the work performed by said ooutouo\oru. B. Developer shall provide G000ciul security iuconformance with paragraph h, Section D, of the Policy and recognizes that there shall be no reduction iu the collateral until - the Project has been completed and the City has officially uuuop1ed the Improvements. Developer further ookoo*iudgea 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 onrUroc(wz has paid the uub'oouirao(wr � and suppliers in full. Additionally, the contractor will provide iu writing that the contractor has been paid in full for all the ncrviocm provided under this contract. C. Developer u8rnnu 10 cause the 000utnuobou of the Inopvnnoonen1u contemplated by this }\urecnonut and that said oouoUnudou shall be completed in u good and workmanlike rnuouec and in accordance with all City u\uoduoJm and the City- approved construction plans, specifications and cnn( endcoutna provided for the Project and the exhibits attached hereto. � D. The following checked exhibits are made u part bccoot Water _,_Sewer(A-1) X. Paving(B) Storm Drain/B-lY_X_, Street Lights& Signs( E. The Developer shall award all contracts for the construction of the [oopnovonuoots in accordance with Section U' paragraph 7 of the Policy and the contracts sbuU be adodoimtorodiu conformance with paragraph Q, Section I|' of the Policy. IF E. For all Improvements included in this Agreement for x/bicb the Developer awards � construction oou\raot(n),Developer agrees to the following: i. To employ u construction contractor who is approved by the director of the � dopurtnocot buviuA jurisdiction over the infrastructure to be constructed, said contractor to meet City's requirements for being insured, licensed and bonded to do N� work in public streets and/or po:qua|ifiod to pcdhoo wotoo'woutc vvo<cc construction os the case may be. � ii. To require its contractor to furriish 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 hnprovements, and a maintenance bond in the name of the Nn 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 �yy before work is commenced and to meet the requirements of Chapter 2253, Texas f Government Code. J; iii. To require the contractor(s) it hires to perform the construction work contemplated t 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 j% infrastructure construction contracts. The City shall be named as additional insured on all insurance required by said documents and same will be evidenced on i the ACORD Certificate of Insurance supplied by the contractor's insurance provider and bound in the construction contract book. P 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 1, 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 r. 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 t 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 1. City shall not be responsible for any costs that may be incurred by Developer in the relocation of any utilities that are or may he in conflict with any of the community 3 1 pp 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 cut-rent 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, 7117 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 I" any losses, damages, costs or expenses suffered by the City or caused as a result of I F 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 r Lmprovements, Developer will assign to the City a non-exclusive right to enforce the 4 j r contracts entered into by the Developer with its contractor along with an assigrunent of I 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 �»t 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 r 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 ,7 contract. ill. 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 I1. developer's share of the streetlight construction cost as stated in the construction p! contract. I iv. Developer shall pay in cash the total cost of street signs. gpp 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 tinder 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 5 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 r breaches this Agreement, becomes insolvent or falls 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) ll rr V 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 2.Storm Drain 10,3%00, 3.Street Lights Installed by Developer $ 8,185.00' TPW Construction Cost Total $ 70,014.00 1 ` 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 IF 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 $ - iir Sub-Total for TPW Construction Fees $ 4,03714 1. Total Construction Fees: $ 7,056.50 1 lop Choice Financial Guarantee Options,choose one Amount (ck one Bond =100% $ 145,498.00 V Completion Agreement=100%/Holds Plat $ 145,498.00 Cash Escrow Water/Sanitary Sewer=125% $ 94,355.00 r1 Cash Escrow Paving/Storm Drain=125% $ 87,517.50 Letter of Credit= 125%w/2yr expiration period $ 181,872.50 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 v doper has execut�jj this day of instrument in ql�adrupficate, at Fort Worth, Texas this -)o CITY OF FORT WORTH-Recommended by: Water Department Trai sportation& Public Works Department Wendy Chi- a ulal, EMBA, P.E. *Dots . Wiersig, P.E. Developmerit,Engineening Manager Dir ctor Approved as to Form & Legality Approved by City Manager's Office Douglas W. Black mando C to ist Assistant City Attorney Assistant City Manager M&C'No. Date: ATTEST: ary J. K r City Secret, ATTEST: DEVELOPER: ply HCA Health Services of Texas, Inc. USigna re Signature (Print)Name: (Print)Name: Nicholas L. Paul Title: Sob PA.m KomWom *** Title: Vice President Vice a Anhftm s aip) COFICIAL RECORD CITYSECRETAFTN' FT INOR11"Ho TX .. ........am rr Ve r `L JOSH W E r HICKS.� S a r 1 NTS HERITAGE J TRACE PKWY L CDALTON SITE „1 IV R z s p O n o Z X87 TARRAN a 1 PKWY p THOMPSON 0 a s S FIE DS U l r /L 4 p rE � o it a LOCATION .MAP MAPSCOJ 35-C CO UNCIL DISTRICT #2 ❑_o mid i i 00 42 43 Proposal Form Unit Price Item I Spec. Name of Pay Item with Approx. Unit Bid No, Item Unit Price in Words Quantity Unit pnce Total Amount Alliance Medical Center,Lot 1R UNIT I WATER 1 3312.0105 Connection to Existing 12"Water Main 1 EA Seventeen Hundred 0/100 cents per unit S 1,700.00 1 700.00 2 3312.2501 6"Water Meter Service and Meter Box r EA Seventeen Thousand and Four Hundred 0/100 cents per unit $ 17 400.00 17,400.00 3 3312.3002 6"Gate Valve 1 EA Seven Hundred and Fifty 0/100 cents per unit $ 750.00 750.00 4 0241.1205 8"Gate Valve 3 EA One Thousand and Fifty 0/100 cents per unit $ 1,050,00 1,050.00 s 3312.3002 12"Gale Valve d EA Two Thousand 01100 cents per unit $ 2,00000 2,000.00 6 3312.3003 6"PVC Water Pipe 13 LF Fifty 0/100 cents per unit $ 50.00 650.00 7 3312.3005 8"PVC Water Pipe 23 LF Fifty 01100 cents per unit S 50.00 1,150.00 8 3311.0161 12"PVC Water Pipe 628 LF Forty 0/100 cents per unit $ 40.00 25 120.00 9 - 12"Ductile Iron Pipe 64 LF Ninety 0/100 cents per unit $ 90,00 5,760.00 10 3312.4114 16"x 12"Tapping Sleeve 1 EA Sixty-eight Hundred 0/100 cents per unit $ 6,800.00 6,800.00 11 - Installation of 20"Steel Casing by Bore 47 LF Three Hundred 01100 cents per unit s 300.00 14 100.00 12 3311.0001 Ductile Iron Water Fittings 1 TON Thiry-five Hundred 0/100 cents per unit $ 3,500.00 3,500.00 13 • 12"Cleaning Wye 1 EA Six Hundred and Forty-five 0/100 cents per unit S 645.00 645.00 14 - Remove 6"90°Bend 1 EA Five Hundred 01100 cents per unit s 500.00 500.00 is Remove 12"x6"Reducer 1 EA Five Hundred 0/100 cents per unit $ 500.00 500.00 16 - Trench Safety 728 LF 25/100 cents per unit S 0.25 182.00 17 - Test and Sterilize Water Lines 728 LF 25/100 cents per unit $ 0.25 182.00 TOTAL WATER S 81,989.00 Bid Proposal Page 1 00 42 43 Proposal Form Unit Price Item Spec. Name of Pay Item with Approx. Unit Unit Bid No. I Item Unit Price in Words Quantity Price Total Amount Alliance Medical Center, Lot 1R UNIT IV SANITARY SEWER 27 Connection to Existing 8"Sanitary Sewer Line Stub Out 1 EA One Thousand and Five Hundred 01100 cents per unit i 1,500.00 1,500.00 TOTAL SANITARY SEWER $ 1,500.00 Bid Proposal l CFA QUANTITY MATRIX HCA HEALTH SERVICES ADDITION,LOT1 R-1 (PAVING) ITEM TOTAL UNIT PRICE ITEM TOTAL COST ITEM NO, BID ITEM UNIT CA-P-03 23 Remove Asphalt Pavement Sv 102 102 $18.00 $1,836.00 l 24 6'Asphalt Base Type 8 Sv 1010 1010 $40.00 $40,400.00 1� 0 25 6"Cone.Curb and Gutter LF 585 585 $10.00 $5,850.00 r 26 4^SLD Pavcment Marking Paint(w) LF 131 131 $100 $393.00 27 Lane Legend Arrow EA 1 1 $500.00 $500.00 28 Traffic Control EA 1 1 $1,500.00 $1,500_00 29 Furnish/Install Alum Sign Ground Mount City Std. EA 2 2 $500.00 $1,000.00 f UNIT TOTAL $51,479.00 r% I "? i r IF pot l I ilk a / � CFA QUANTITY MATRIX \ HCA HEALTH SERVICES 2D T� Ia,LO 2%, (DRAINAGE) \ . ITEIVITOTAL Uw T� PmCE ITEIVITOTALCOST ITEM N& ED EI U \ CA-P-03 CA-P-06 » » Cl_ID ,2 ,2 $ oA $6,350.00 31 r @H-�Q 2 2 $2,000$2,000.00 $4+0.00 UNIT TOTAL qo 4 » \ £ V � \ � � � � f / � d \ pup PO \ IF � \ � / it CFA QUANTITY MATRIX HCA HEALTH SERVICES ADDITION,LOT1 R-1 (ILLUMINATION) r ITEM TOTAL UNIT PRICE ITEM TOTAL COST ITEM NO. BID ITEM UNIT CA-P-11 33 Ground pox,Small,w/Lid Apron EA 1 1 $750.00 $750.00 34 Rdwy Ilium Assmbly TY 18,ISA,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 2.2-24-Quadplex Alum Elec Conductor IT 445 445 $100 $1,335.00 37 2"Conduit PVC SCH 80(T) LF 20 20 $20.00 $400.00 UNIT TOTAL 58 185.00 G i i��yllY r �7 I! 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P r r I ly > f GRAPHIC SCALE IN FEET 07,5 150 =3104 DaSrwo LUI�,,��. �\ ,C ✓"' 15.819 AH-7 �� '" TYPET HEADWALL ... >� POND V\ r Y — eROPOSM PROP.18 RCP f - E ��✓ ' �� \ �9 ° sa � Kn _= STORM SEWER COMMUNITY FACILITIES AGREEMENT EXHIBIT B-1 FOR STORM SEWER IMPROVEMENTS TO SERVE ALLIANCE MEDICAL CENTER - LOT IR-I I I GRAPHIC SCALE IN FEET 0 75 150 300 POND uuL VOL PROPOSED O1:7E7J7'AON/ ,""- uw""wM'"�". PROP. POI ? - �^ PROP. L PROP.LUMItJ/URE CONDUIT EX ARM DOUBLE CONDUIT ARM r �r U . „✓" EX,LUMINAIRE r y D44.9 DOUBLE r y� ARM �� �� �� � " fir '����✓ w/"A , °3 ,6, A7 ' STREET LIGHTS COMMUNITY FACILITIES AGREEMENT EXHIBIT C�I 7b FOR PAVING IMPROVEMENTS TO SERVE l _. ALLIANCE MEDICAL CENTER - LOT 1R-1 �� clan clan r,: