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HomeMy WebLinkAboutContract 45669 MY SECRETAW CONMCT Developer and Project Information Cover Sheet: Developer Company'Na me: North'Texas- MCA, LLC d,/b/a Medical Center of Alliance .............. Address, State,Zip Clo& One Park Plaza �Nashville,'rN 37203 .......... ....... Plione, "-Mail: (615)334-8256, sai.nuel,bazeti(i"heabealthcare.coiii Audionzed Si atoryff"l lie: Samuel N. Hazen, Manager .......... .......... ........... Pr(�ect Narne and Brief Description: Alliance Wofessional Office Building .............. ........ ................. ............. Project Location: 3101 North Tarrant Park-way,Fort Werth,'TX ........................... ....... ........... Plat Case No.:FS-13-201 Plat Name: HCA Ileallb Services Add]tion ........... Cowicif District:4 City PrQject No: 02269 CFA: 2014-018 DOE: 7213 To be completed by staff: Received by........._... ................ ............ Date: ............ OFFICIAL RECORD Uff SECRETAW I ,, WORTHi TX FTL! J ConibiDed CFA Agreement-Revised January 2014 RECEIvED j 16 20V COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. WHEREAS, the undersigned Developer ("Developer") desires to make certain specific improvements as described below and on the exhibits attached hereto ("Improvements") related to a project generally described as Alliance Professional Office Building ("Project") within the City of Fort Worth, Texas ("City"); and WHEREAS, the City has no obligation to participate in the cost of the Improvements or Project; and WHEREAS, any future City participation in this CFA is subject to the availability of City funds and approval by the Fort Worth City Council and shall be memorialized as an amendment to this Agreement; and WHEREAS, the Developer and the City desire to enter into this Community Facilities Agreement ("CFA" or"Agreement") in connection with the Improvements and 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: General Requirements A. The Policy for the Installation of Community Facilities ('Policy") dated March 2001, approved by the City Council of the City of Fort Worth, as amended, is hereby incorporated into this Agreement as if copied herein verbatim. Developer agrees to comply with all provisions of said Policy in the performance of its duties and obligations hereunder and to cause all contractors hired by Developer to comply with the Policy in connection with the work performed by said contractors. B. Developer shall provide financial security in conformance with paragraph 6, Section Il, 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 acknowledges that the said acceptance process requires the Developer's contractor(s) to submit an 2 affidavit of bills paid signed by its contractor and consent of surety signed by its surety to ensure the contractor has paid any sub-contractors and suppliers in full. Additionally, the contractor must also provide in writing that the contractor has been paid in full by Developer for all the services provided under their 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(L3) X, Storm Drain (F3-I) X Street Lights & Signs (C) . E. The Developer shall award all contracts for the construction of the Improvements in accordance with Section II, paragraph 7 of the Policy and the contracts shall be administered in conformance with paragraph 8, Section II, of the Policy. F. For all Improvements included in this Agreement for which the Developer awards construction contract(s), Developer agrees to the following: i. To employ a construction contractor who is approved by the director of the department having jurisdiction over the infrastructure to be constructed, said contractor to meet City's requirements for being prequalified, insured, licensed and bonded to do work in public streets and/or to perform water/waste water construction as the case may be. ii. To require its contractor to furnish to the City a payment and performance bond in 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 valid for a period of two (2) years from the date of final acceptance 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 Combined CFA Agreement—Revised January 2014 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 Certificate of Insurance (ACORD or other state-approved form) supplied by the contractor's insurance provider and bound in the construction contract book. iv. To require its contractor to give at least 48 hours' advance notice of intent to commence construction to the City's Construction Services Division so that City inspection personnel will be available; to require the contractor to allow the construction to be subject to inspection at any and all times by City inspection forces, to not 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 in order 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 shall provide, at its expense, all engineering drawings and documents necessary to construct the improvements under this Agreement. H. Developer shall cause the installation or adjustment of the required utilities to serve the development or to construct the Improvements contemplated 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 4 community facilities to be installed hereunder. I 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 ofrcers, 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 ft'icers, servants, or employees. Further, Developer will require its contractors to indemnify, and hold harmless the City for any losses, Combined CFA Agreement—Revised January 2014 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 Improvements, Developer will assign to the City a non-exclusive right to enforce the contracts entered into by the Developer with its contractor along with an assignment of all warranties given by the contractor, whether express or implied. Further, Developer agrees that all contracts with any contractor shall include provisions granting to the City the right to enforce such contracts as an express intended third party beneficiary of such contracts. O. Inspection and material testing fees are required as follows: i. Developer shall pay in cash water and wastewater inspection fees and material testing fees equal to two percent (2%) for a total of 4% of the developer's share of the total construction cost as stated in the construction contract. ii. Developer shall pay in cash paving and storm drain inspection fees equal to four percent (4%) and material testing fees equal to two percent (2%) for a total of 6% of the developer's share of the total construction cost as stated in the construction contract. iii. Developer shall pay in cash the total cost of streetlights or if the city is not installing the streetlights, inspection fees equal to four percent (4%) of the developer's share of the streetlight construction cost as stated in the construction contract. iv. Developer shall pay in cash the total cost of street signs. P. COMPLETION WITHIN 2 YEARS i. Developer shall complete the Improvements 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 additional year. ii. Nothing contained herein is intended to limit the Developer's obligations under the Policy, this Agreement, its financial guarantee, its 6 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 (and any extension period) 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) Combined CFA Agreement—Revised January 2014 Cost Summary Sheet Project Name: Alliance Professional Office Building CFA No.: 2014-018 DOE No.: 7213 An Engineer's Estimate of Probable Cost is acceptable. However, the construction contract price will ultimately determine the amount of CFA fees and financial guarantee. The bid price and any additional CFA payments will be required prior to scheduling a pre-construction meeting. An itemized estimate corresponding to each project-specific exhibit is required to support the following information. Items Developer's Cost A. Water and Sewer Construction 1. Water Construction $ 159,923.00 2.Sewer Construction $ 150.00 Water and Sewer Construction Total $ 160,073.00 B. TPW Construction 1.Street $ 30,582,95 2.Storm Drain $ 168,638.00 3.Street Lights Installed by Developer $ TPW Construction Cost Total $ 199,220.95 Total Construction Cost(excluding the fees): $ 359,293.95 Construction Fees: C. Water/Sewer Inspection Fee(2%) $ 3,201.46 D. Water/Sewer Material Testing Fee(2%) $ 3,201.46 Sub-Total for Water Construction Fees $ 6,402.92 E. TPW Inspection Fee(4%) $ 7,968.84 F. TPW Material Testing(2%) $ 3,984.42 G. Street Light Inspsection Cost $ - H. Street Signs Installation Cost $ Sub-Total for TPW Construction Fees $ 11,953.26 Total Construction Fees: $ 18,356.18 Choice Financial Guarantee options,choose one Amount (ck one„) Bond=100% $ 359 293.95 Completion Agreement=100%/Holds Plat $ 359,293.95 Cash Escrow Water/Sanitary Sewer=125% $ 200 091.25 Cash Escrow Paving/Storm Drain=125% $ 249 026.19 Letter of Credit=125%w/2 r expiration period $ 449 117.44 8 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 seat of the City arnixed, and salid D-velop r has ex. Uted this instrument mj adruplicate, at Fort Worth., Texas t da a 2 CITY OF FORT Wr ORT14®Recommended by: Water Department Transportation& Public Works Department (I L .......... .......... .................... .................. EMBA, P.E. Douglas Wiersig, P.E. Development Engineering Manager Director Approtledas to Form &Legality Aj?j,,)roved by C-it yi1fanagers (Wice ......................, Doug as W.131ack W.13 Fernando Costa Assistant City Attorney Assistant City Manager M&C No, Date: �iFsr rah ar ATTEST: F0 0 0 J. ay Vol City Sec ATTEST: DEVELOPER.- North Texas-MCA, LLC d/b/a Medical Center of alliance Signature Signature (Print)Name: tielen W. Cook Print Name: Samuel N.Hazen Title:Manager OFFICIAL RIECORD C Combined CFA Agreement Revised Jan Liary 2014 CITY SECRETARY 1.0 r, F E WORTH TX .................-........... 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 (Remainder of Page Intentionally Left Blank) 10 IT EN7 CENTER BLVD. EX. 12"MAIN GRAPHIC SCALE IN FEET 0 100 200 400 PROP, 12"MAIN FROPERTYLINE EDPAMM BULDING EASEMENT SE��E'R EASEMENT IN N. TARRANT PKWY. WATER MAIN EXHIBIT A COMMUNITY FACILITIES AGREEMENT FOR WATER IMPROVEMENTS TO SERVE ALLIANCE PROFESSIONAL OFFICE BUILDING -LOT IR-IR Emn :AZ=4��" Irm ___ _.. ._._.._. . — . _ .M: :: .. 0- WW -tit El 5 ? f�a W J o o © r n rn �o m ! Yo o , I � b ^ i t WIW � 0 d w LLJ I d. fk PLO . M ! I 6 ? �K7X0® 367`A Fes{ MOM OM .......... ................. . ....- v1Uw �� r7 w1""i W,7 7:ryar x �w�droA A,w. m. suw,� �+w,io "'mod iun i, 414.. Qa.aasraCk't. I,SD';/a..�rp iw,rW^.r:0 6-:r 8'-Pj U.u.01"9 v F5 zo wil LU Fn z NO IL Ui ra Con Un o UJ- 00 42 43 Proposal Form Unit Price (tern Spec Name of Pay(tern vAth I Apa-Lunit Unit.Bid V No. item Unit Prkm in Words Quantity Price Total Amount Alliance Professional Office Building,Lot 1RAR UNIT I WATER 1 3312.0105 Connection to Existing 12"Water Main 2 EA Three-Thousand Eight-Hundred&Twenty-Five 0/100 cents per unit $ 3,825.00 7,650.00 2 3312.2501 6"Water Meter Service and Meter Box 1 EA [Thirteen-Thousand Two-Hundred&Forty-Nine 50/100 cents per unit $ 13,249.50 13,249.50 3 3312.3002 6"Gate Valve .1 EA Nine-Hundred&Seventy-Five 0/100 cents per unit $ 975.00 975.00 4 3312.3003 8"Gate Valve I EA [One Thousand Three-Hundred&Fifty 0/100 cents per unit $ 1,350.00 1,350.00 5 3312.3005 12"Gate Valve 4 EA Two-Thousand Four-Hundred&Fifty 0/100 cents per unit $ 2,450.00 9,800.00 6 3311.0161 6"PVC Water Pipe 13 LF .Thirty-Three 50/100 cents per unit $ 3150 435.50 7 3311.0261 8"PVC Water Pipe 22 LF Thirty-Seven 501100 cents per unit $ 37.50 825.00 8 3311.0461 2,309 LF 12°°PVC Water Pipe 1 1 FForty-Two 0/100 cents per unit $ 42.00 96,978.00 9 3311.0451 12"DIP Water 68 LF Seventy-Six 0/100 cents per unit $ 76.00 5,168-00 10 3305.1103 20"Casing By Other Than Open Cut 68 LF I Three-Hundred&Ten 0/100 cents per unit $ 310.00 21,080.00 11 3305.0109 Trench Safety 2,412.0 LF One 0/100 cents per unit, $ 1.00 1 2,412,00 1 TOTAL WATER $ 159,923.00 Bid Proposal Page 1 00 42 43 Proposal Form Unit Price Item Spec. Name of Pay Item with Approx. Unit Unit Bid No. Item Unit Price in Words Approx. Price Total Amount Alliance Professional Office Building, Lot I R-1R UNIT 11 SANITARY SEWER 12 �33011.0101 1 Manhole Vacuum Testing 1 EA 1 1One-Hundred and Fifty 0/100 cents per unit l $ 150.00 150.00 TOTAL SANITARY SEWER $ 150.00 Bid Proposal 00 42 43 Proposal Form Unit Price Item Spec' Name of Pay Item with Approx. Unit Bid No I Item Unit Price in Words quantity Unit Price Total Amount Alliance Professional Office Building,Lot 1R-1R UNIT III DRAINAGE 13 3341.2001 10x4 Box Culvert 96 LF Five Hundred&Ten 0/100 cents per unit $ 510.00 48,960.00 14 3341.2203 12x6 Box Culvert 96 LF Eight-Hundred 0/100 cents per unit $ 800.00 76,800.00 16 3349.3002 21"Straight Headwall,I pipe 2 EA I One-Thousand&One-Hundred 0/100 cents per unit 1 $ 1,100.00 1 2,200.00 16 3341.0202 21"RCP,Class 111 31 LF Fifty-Three 0/100 cents per unit $ 58.00 1,798.00 17 3137.0104 Medium Stone Riprap,dry 480 SY I lFifty-Eight 0/100 cents per uniti $ 81.00 38,880.00 TOTAL DRAINAGE $ 168,638.00 Bid Proposal 00 42 43 Proposal Form Unit Price Item Speo. I Fume of Pay Item with Approx Unit Bid Pao. Item Unit Pricy:In Words Quantity Unit Unit Total Amount Alliance Professional Office wilding,Lot 1R-1R UNIT 1 PAVING 1 3213.0301 4"Oonc Sidewalk 5,095 SF Five 61/100 cents per unit $ 5.61 28 582.95 2 3213.0301 Manhole Adjustment,Minor 1 EA One-Thousand 0/100 cents per unit $ 1'000.00 1,000.00 3 3213.0301 Miscellaneous Structure Adjustment t EA One-Thousand 0/100 cents per unit $ 1,000.00 11000.00 TOTAL PAVING $ 30,582095 Sid Proposal .. .. ......... ..........