Loading...
HomeMy WebLinkAboutContract 54404 09/03/2020 CSC No.54404 9:20 AM FUTURE IMPROVEMENTS AGREEMENT FOR INFRASTRUCTURE IMPROVEMENTS Riverside Estates WHEREAS, the City of Fort Worth ("City") has entered into that certain Community Facilities Agreement (CFA2-0086) ("CFA') with Riverside Homebuilders, Ltd ( "Developer"); and WHEREAS, the CFA includes Developer's proportionate share of the construction of Street Lights a portion of which is within Chenault Street , as shown on Exhibit A; and WHEREAS, in lieu of the Developer, pursuant to the CFA, constructing those certain improvements for Street Lights on Exhibit C1 (the "Improvement"), City will instead construct the Improvement(s) as part of future Riverside Estates Street Light ("Work"), with Developer contributing those funds it would have spent to construct the Improvement and the City performing the Work at a later time; and WHEREAS, Developer desires to provide to the City funds in the amount $ 10,550.00 ("Developer Funds") for the City to construct the Improvement as part of the Work; and WHEREAS, The City agrees to accept the Developer Funds and to construct the Improvement; and WHEREAS, the determination of the amount of Developer's Funds is not an assessment pursuant to Chapter 313 of the Texas Transportation Code; NOW THEREFORE, in consideration of the above recitals, incorporated herein for all purposes, City and Developer, acting by and through their duly authorized representatives, do hereby agree as follows: 1. The City may construct (or cause to be constructed) the Improvement at a time convenient to the City provided that adequate public funds, including the Developer Funds, for construction of the Improvement are secured. OFFICIAL RECORD CITY SECRETARY Developer Funding Agreement—Riverside Estates Pagel of4 FT.WORTH, TX 2. Concurrently herewith, Developer has paid to the City the amount of $10,550.00, such Developer Funds, the Developer and City agree, are the entire amount of Developer's contribution for the cost to construct the Improvements. By accepting the Funds and by execution of this Agreement, City agrees that the Developer will have no further obligation to pay any amounts in addition to the Developer Funds or take any further action with regard to the construction of the Improvement, even if (a) the actual costs to construct the Improvement exceeds the costs expected by the City as of the date of this Agreement, (b) the specifications, composition, or other characteristics of the Improvement hereafter change for any reason, (c) a mistake has been made (mutual or unilateral) in computing the costs of the Improvement or otherwise, or (d) the costs or scope of the Improvement change for any reason. 3. This Agreement shall be binding upon and inure to the benefit of the City and Developer and their respective successors and assigns. This Agreement, together with any exhibits attached hereto, constitutes the entire agreement between the parties hereto, and may not be amended except by a writing signed by all parties and dated subsequent to the date hereof. 4. The City will use its best reasonable efforts to construct the Improvement without undue delay, but City's construction will be subject to City securing the additional funding which may be necessary to fully construct the Work. 5. Developer unless a sole proprietor, acknowledges that in accordance with Chapter 2270 of the Texas Government Code, if Consultant has 10 or more full time- employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company 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" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Developer certifies that Developer's signature provides written verification to the City that if Chapter 2270, Texas Government Code applies, Developer: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Developer Funding Agreement—Riverside Estates Page 2 of 4 Executed by each party's duly designated and authorized representative; effective as of the date subscribed by the City's designated Assistant City Manager. CITY OF FORT WORTH DEVELOPER: Riverside Homebuilders, Ltd Dana mah-doff Iva 99gel- Dana Burghdoff(gep 1,202017:28 CDT) Will Bruner(Aug 27,202009:02 CDT) Dana Burghdoff Will Bruner Assistant City Manager Land Manager Sep 1,2020 Aug 27,2020 Date aa44aa Date as o� Aa oo d °� d P�a Aid ATTEST: �"° o° d Mary J. Kayser City Secretary Contract Compliance Manager By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements APPROVED AS TO FORM Laurie Lewis ug 2L 7 0:04 CDT) Interim Planning Manager DBlack(Sep 1,2020 17:24 CDT) Laurie Lewis Douglas W. Black Sr. Assistant City Attorney OFFICIAL RECORD CITY SECRETARY Developer Funding Agreement-Riverside Estates Page 3 of FT.WORTH, TX EXHIBITS Developer Funding Agreement—Riverside Estates Page 4 of 4 00 42 43 DAP-BID PROPOSAL Page I of 2 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Ite Specification Unit of Bid No. Description Section No. I Measure Quantity Unit Price Bid Value UNIT I:STREET LIGHTING IMPROVEMENTS 1 2605.3002 1 1/4"CONDT PVC SCH 80 B 26 05 33 LF 250 $14.00 $3,500.00 2 2605.3004 1 1/4"CONDT RM Riser 26 05 33 EA 2 $250.00 $500.00 3 3441.1501 Ground Box Type B 3441 10 EA 2 $400.00 $800.00 4 3441.3201 LED Lighting Fixture 3441 20 EA 2 $200.00 $400.00 5 3441.3323 Furnish/Install 8'Wood Light Pole Arm 3441 20 EA 2 $320.00 $640.00 6 3441.3404 2-2-2-4 Quad lex Alum Elec Conductor 3441 20 LF 250 $4.00 $1 000.00 7 9999.0001 Furnish/Install 30'Wood Light Pole 3441 20 EA 1 $1 100.00 $1 100.00 8 9999.0002 Street Use Permit 3541 20 EA 1 $500.00 $500.00 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 TOTAL UNIT I:STREET LIGHTING IMPROVEMENTS $8,440.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Form Venim May 22,2019 00 42 43_CCR_Bid Proposal0_DAP_Elect in1.xls 00 42 43 DAP-BID PROPOSAL Page 2 of 2 SECTION 00 42 43 Developer Awarded Projects-PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Ite Specification Unit of Bid No. Description Section No. I Measure Quantity Unit Price Bid Value Bid Summary UNIT I:STREET LIGHTING IMPROVEMENTS $8,440.00 FUTURE IMPROVEMENT AGREEMENT(+25%) $2,110.00 Total Construction Bid $10,550.00 This Bid is submitted by the entity named below: BIDDER: BY:<Name of Principal Here> <Company Name Here> <Address Here> <Signature Here> <Address Here or Blank> TITLE:<Title Here> <City,State Zip Code Here> DATE:<Date Here> Contractor agrees to complete WORK for FINAL ACCEPTANCE within 20 Working days after the date when the CONTRACT commences to run as provided in the General Conditions. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS Form Venim May 22,2019 00 42 43_CCR_Bid Prop-10_DAP_Elect in1..Is S� o uJ 5a LLJ 0 D LLLJ `} W Q om Q=,� zm�2.� [� N w W 7 �c U 0 n o o U 0 n ��C�j z Q z L oog°� oo °� J a to cn M O in o a U) d LL ce I✓- Q a W W w Q Q > LL o � U W O OU C O /Vl 0 °S' 6S✓ SSSS'S S SSI SS SS I� S S � S S S Si H �1 0 ui ui w y� © Q w co w F z L, woo Woo - o Z Ld I vUH) " 9 U ,x wZ � a u u U)oo � T g C) U) W o o" _ � X 2 LLI w / L o U SJI GN JB I I II W LnJN p��ti 0 �11:1z° J I � J w o co o z a � _ _ o U) z I � w w I