HomeMy WebLinkAboutContract 41705 ENHANCED COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS § City Secretary
COUNTY OF TARRANT § Contract No. ' V�
WHEREAS, the undersigned "Developer" desires to make certain improvements
(refer to the name of the project at the bottom of the page) to an addition to the City of Fort
Worth, Texas, more specifically those sidewalk and curb improvements identified in Exhibit
"B" attached hereto and hereby made a part of this Agreement for all purposes (referred to
hereinafter as "the improvements contemplated by this Agreement" or the "Community
Facilities"); and
WHEREAS, the said Developer has requested the City of Fort Worth, a home-rule
municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas,
hereinafter called "City", reimburse Developer for up to $30,000.00 in Construction Costs
expended by Developer for construction of the Community Facilities; and
WHEREAS, under the City's 2004 Capital Improvement Program, the voters of the
City authorized the use of certain bond funds for enhanced community facilities agreements for
City development projects on a project-specific basis; and
Developer Information:
Developer Company Name:Fonseca Properties L.C. a Texas limited liability company
Authorized Signatory: Robert M McCarthy Sr.
Title: Managing Member
Project Name: GOT YOU COVERED(uniform retail store)
Project Location: 1200 E Lancaster,
Additional Streets:
Plat Case No. Plat Name:
Mapsco: 77B Council District: City Project No: Pkwy Permits
To be completed by staff.
Received by: Date:
CFA: 2009-031 DOE:
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NOW,THEREFORE,KNOW ALL BY THESE PRESENTS:
For and in consideration of the covenants and conditions contained herein,the City and the
Developer do hereby agree as follows:
SPECIAL EXCEPTION
Special exception allows reconstruction of all improvements contemplated by this
Agreement in accordance with a Parkway Permit issued by the City's
Transportation/Public Works Department (the "Parkway Permit"). Developer shall
obtain a Parkway Permit for work on all improvements contemplated by this
Agreement. Developer agrees to comply with all provisions of said Parkway Permit 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 contractor. In the event of any conflict between the terms and conditions of the
Parkway Permit and the General Requirements set forth below, the terms and conditions
of the Parkway Permit shall control.
SPECIAL CONDITIONS
The City will reimburse Developer for the actual Construction Costs of the
improvements contemplated by this Agreement and identified in the Costs Summary
Sheet, attached hereto and hereby made a part of this Agreement for all purposes,
within thirty (30) calendar days following the later date as of which:
that Developer expended at least $530,000.00 in Construction
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business. For purposes of this Agreement, "Construction Costs" shall mean actual site
development and construction costs; contractor fees; costs of supplies and materials;
engineering fees; architectural and design fees; and costs of insurance and taxes directly
related to the actual renovation and improvement work on the Building(and specifically
excluding ad valorem property taxes). In the event of any conflict between the terms
and conditions of this paragraph and the General Requirements set forth below, this
paragraph shall control.
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 and
subsequently amended from time to time via a Mayor and Council
Communication adopted by the City Council of the City of Fort Worth, is
hereby incorporated into this Community Facilities Agreement ("CFA")
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.
r Developer shall provide financial security in conformance 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 infrastructure
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 (AL,
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Sewer (A-1) _; Paving (B) X Storm Drain (B-1) ; Street Lights &
Signs (C)_.
E. The Developer shall award all contracts for the construction of
community facilities in accordance with Section II, paragraph 7 of the
Policy and the contracts for the construction of the public infrastructure
shall be administered in conformance with paragraph 8, Section 11, of the
Policy.
F. For all infrastructure 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
insured, licensed and bonded to do work in public streets and/or
prequalified 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 infrastructure, and
a maintenance bond in the name of the City for one hundred percent
(100%) of the contract price of the infrastructure 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
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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.
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 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,
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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, or employees.
A 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 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 and shall cause to be executed and delivered to
the City an indemnity agreement from such contractors on a form to be
promulgated by the City.
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
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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. The City's obligation to participate (exclusive of front foot charges) in
the cost of the community facilities shall terminate if the facilities are
not completed within two (2) years; provided, however, if construction
of the community facilities has started within the two year period, the
developer may request that the CFA be extended for one year. If the
community facilities 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
community facilities if at the end of two (2) years from the date of this
Agreement the community facilities 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 community facilities 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
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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.
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 Developer
has executed this instrument in quadruplicate,at Fort Worth,Texas this g, day
' day
of Ayri% ,gee 2 o I I.
CITY OF FORT WORTH:
Water Department Transp [tion & Public Works Department
Wendy Chi-Babulal, EMBA,P.E.
Development Engineering Manager `Dk"A"
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Approved as to Form &Legality: Approved by City Manager's Office
Peter Vaky Fernando Costa
Assistant City Attorney Assistant City Manager
M&C: C-23590
ATTEST:
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Marty Hendrix QS
City Secretary 0 0y �d
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ATTEST FONSECA PROPERTIES,L.C.,a Texas
limited liability company:
Signature Signature
(Pri Name: �h�'J �e� Print Name:Robert McCarthy
Title: Managing Member
Check items associated with the project being undertaken; checked items must be
included as Attachments to this Agreement
Included Attachment
❑ Cost Summary Sheet
❑ 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)
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Cost Summary Sheet
Project Name: GOT YOU COVERED(uniform retail store)
CFA No.: DOE No.:
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
a. Water and Sewer Construction
2.Sewer
a. Water and Sewer Construction $ -
B. TPW Construction
1.Street $ 30,000.00
2.Storm Drain
TPW Construction Cost Sub-Total $ 30,0000(l
Total Construction Cost(excluding the fees): $ 30,"C
Construction Fees:
C. Water Inspection Fee(2%) $
D. Water Material Testing Fee(2%) $
Sub-Total for Water Construction Fees $ -
E. TPW Inspection Fee(4%) $ 1,200.00
F. TPW Material Testing(2%) $ 600.00
G. Street Light Installation/Inspsection Cost $ -
H. Street Signs Installation Cost
Sub-Total for TPW Construction Fees $ 1,800.00
Total Construction Fees: $ 1,800.00
Financial Guarantee Options,choose one Amou_nt
Bond=100% $ J
Completion Agreement=100%/Holds Plat $ 30,000.00
Cash=125% $ 37,500.00 N/A
Letter of Credit=125%wl2 r expiration period $ 37,500.00 N/A
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Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/16/2009
DATE: Tuesday,June 16,2009 REFERENCE NO.: "*C-23590
LOG NAME: 17ECFA1200LANCASTER
SUBJECT:
Authorize the Execution of Enhanced Community Facilities Agreement Not to Exceed$30,000.00 with
Fonseca Properties,L.C.,for the Repair of Sidewalks and Curbs in the 1200 Block of East Lancaster
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an Enhanced Community
Facilities Agreement with Fonseca Properties, L.C., not to exceed$30,000.00 for the repair of sidewalks
and curbs in the 1200 block of East Lancaster.
DISCUSSION:
Fonseca Properties,L.C.,(Developer)is relocating its retail store,Gotcha Covered,from the West 7th
Street development area to the Near Eastside Urban Village.
The Developer has purchased property located at 1200 East Lancaster Avenue which is in the Near
Eastside Urban Village and Evans and Rosedale Neighborhood Empowerment Zone.The building and
site were in need of substantial rehabilitation(Project)in order to meet City code requirements.The
Developer is renovating a dilapidated building and to date has invested a minimum of$530,000.00 in
improvements to the building. The building will house a retail operation that provides uniforms to the law
enforcement,medical and restaurant industries.The retail store will retain at least five employees and is
expected to employ at least one new position.
Currently,the sidewalks and curbs in the 1200 block of East Lancaster Avenue are in very poor condition
and lack ADA required ramps.After several years of deterioration,pieces of sidewalks and curbs are
missing,which is contributing to the area's blighted appearance and inaccessibility due to lack of ramps.
Staff recommends that the City enter into an Enhanced Community Facilities Agreement with the
Developer not to exceed$30,000.00 to repair the sidewalks and curbs.These repairs will provide a more
pedestrian friendly environment in the Urban Village as well as meeting ADA standards for ramps.The
Enhanced Community Facilities Agreement funds will be used to reimburse the Developer for the costs of
such repairs, provided the Developer completes the repairs and meets the private improvement and
operational requirements described above.
The Project is located in COUNCIL DISTRICT 8.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget,as appropriated,of the New Development Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
C202 541600 178770136680 $30.000.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Thomas Higgins (6140)
Oriainatina Department Head: Jay Chapa (5804)
Cynthia Garcia (8187)
Additional Information Contact: Dolores Garza (2639)
ATTACHMENTS
1. 17ECFAl200LANCASTER FAR.pdf (CFW Intemal)
2. Accounting Info.pdf (CFW Internal)
http://apps.cfwnet.org/ecouncil/printmc.asp?id=11918&print=true&DocType=Print 03/29/2011