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HomeMy WebLinkAboutContract 60988CSC No. 60988 DEVELOPER FUNDING AGREEMENT FOR 465 S MAIN ST ILLUMINATION IMPROVEMENTS THIS AGREEMENT is by and between 465 South Main, LLC hereinafter referred to as "Developer", and the City of Fort Worth, hereinafter referred to as "City". WHEREAS, Developer, is the owner of land at 465 S Main St. within the City of Fort Worth, Tarrant County Texas, more fully depicted on Exhibit A attached hereto and incorporated herein (the "Property"); and WHEREAS, Developer is making improvements to the Property pursuant to that certain permit issued by City (Permit No. PK22-05185 & P1322-06713); and WHEREAS, in order to serve the Property and fulfill illumination requirements by City regulations, Developer is required to construct 2 street lights and related appurtenances ("Illumination Improvements") as depicted on Exhibit B attached hereto and incorporated herein; and WHEREAS, Developer has requested that City perform the installation of the Illumination Improvements and agrees to pay for the cost thereof, and WHEREAS, City has agreed to install the Illumination Improvements; and WHEREAS, Developer will make a contribution to the City in the amount of $37,073.55 (the "Contribution"), which is the estimated cost for construction, inspection, fees, permits and staff costs ("Construction Costs") of the Illumination Improvements; and WHEREAS, after installation of the Illumination Improvements, the City will perform a final accounting review and if any additional amount is owed for the Construction Costs, City will invoice Developer and Developer shall remit same to the City or if any credit or refund is owed to Developer, City shall remit same to Developer. NOW THEREFORE, in consideration of the above recitals and the promises and covenants herein, City and Developer do hereby agree as follows: Developer will provide to City the Contribution amount of $37,073.55 for construction of the Illumination Improvements concurrent with Developer's execution and return of this Agreement. 2. Developer's Contribution to the City is an estimate of Developer's obligation for its costs related to the Illumination Improvements. If any cost overages are due the City for the construction, Developer shall remit same to City within 30 days of receipt of a request for same; likewise, if any credit or refund is due Developer at the completion and final accounting of the Illumination Improvements construction, same shall be refunded by City to Developer. If the actual Construction Costs are more than the estimated payments made by the Developer, the Developer shall pay the difference to the City before the improvements will be accepted by the City. If the actual Construction Costs are less than the estimated payments made by the Developer, the City will refund the difference unless, in either case, the difference between the actual costs and the estimated payments is fifty dollars ($50.00) or less. In that case, the City will not issue a refund and the Developer will not be responsible for paying the difference. OFFICIAL RECORD Dev Funding Agreement: CITY SECRETARY Page 1 of 6 Illumination Improvements FT. WORTH, TX 3. City will use its best reasonable efforts to perform this Agreement without undue delay. 4. 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. If Developer or any subsequent owner transfers the Property or any portion thereof prior to the performance of all obligations of the Developer or City hereunder, Developer or such transferring owner shall obtain an agreement from the transferee assuming the obligations of the transferring owner under this Agreement performable from and after the date of transfer. From and after the date of such transfer, the transferee shall be solely obligated under this Agreement, and the transferring owner shall have no further obligations under this Agreement, with respect to the Property or portion thereof transferred. 5. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand -delivered to the other Party, its agents, employees, servants or representatives, (2) delivered by electronic means with confirmation of the transmission, or (3) received by the other Party by United States Mail, registered, return, receipt requested, addressed as follows: City of Fort Worth Attn: Jesica McEachern, Assistant City Manager 200 Texas Street Fort Worth, TX 76102-6 31 1 Email: Jesica.McEachern(a�fortworthtexas.Qov With Copy to the City Attorney. 451 South Main, LLC Attn: Rian Maguire 451 South Main, Suite 200 Fort Worth, TX 76104 Email: Rianachcdev,com 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, TEXAS: By: Cw Jesica McEachern Assistant City Manager Date: APPROVAL RECOMMENDED: A. By: Lauren Prieur (Feb 17, 2024 17:15 CST) Lauren Prieur, Director Transportation and Public Works Dev Funding Agreement: Illumination Improvements 451 SOUTH) N, rC: jB : / /s% Rian Maguire Principal z Date: // Page 2 of 6 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX APPROVED AS TO FORM AND LEGALITY: fj� By: Douglas Black (Feb 21, 202414:18 CST) Douglas W. Black Senior Assistant City Attorney CONTRACT AUTHORIZATION M&C: N/A Date Approved: pg4U�p4�� ATTEST: �� Fo FORT�yOaad %a VeY ?tjg o8�=0 By:000-00 Jannette S. Goodall a°4z, 454pp 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. Clint Hoover, P.E. Engineering Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Dev Funding Agreement: Page 3 of 6 Illumination Improvements Exhibit A Dev Funding Agreement: Page 4 of 6 Illumination Improvements Citv of Fort Worth Lighting Permit Cover Sheet Date: 3/15/2023 Developer: 451 South Main, LLC fX New Submittal 451 South Main, Suite 200 [ Resubmittal Fort Worth, Texas 76104 [ Change In Submitttal Project Name: 465 South Main - Chambers B Location: 465 South Main, Fort Worth, Texas 76104 Designer: Jordan & Skala Engineers Submitted By: Abby Boyd Parkway Permit #: PK22-04349 Building Permit #: PB22-10245 Associated CFA: CPN: N/A City PM: N/A Permit Includes: [ Title Sheet Ix Lighting Plan [ Detail Sheets F- Parkway Permit L Building Permit L Additional Sheets (list below) Description: The installation of two new pedestrian lights and the required number of ground boxes. Comments: Submittal is: IX Reviewed DC Approved I= Resubmittal Required F Meeting/Discussion Required F- Other: Review &Decision By: KB L Date: 3/16/120237 Quantities I Pole Quantity 2 I Pole Type Washln r 10' Luminalre Type WFCL2 PC030K"-ITFC3 BK NF PR7 AO RFD325896 I Luminalm Quantlry 2 I I Ground Box QuantlN I 1 I I Summary of Total Conduit and Cables Run Size Length Overhead/Bore/Trench a6—COPPER R-1 2' 29 Trench()%�T(' 3 R-3 2" 22 Trench (T) 3 I CABLETOTALAn 101 TOTAL CONDUIT QUANTITIES (Fr) TRENCH FOR 2-CONDUIT=303 OFFICE/RETAIL ...... . �- •vusaac'v+uaaar�...� - �....�.... ..----..�._..----.--..------------- R-2 R-3 LEGEND p Existing Light ❑ Existing Ground Box New Light New Ground Box — Conduit NOTES: �ranrnta lwm.upn rprp,aa.m,naappmtlro n{M1t utt heml—m 14' Iron IazeplcuN tp lacealpieruxellu lR' Irpm backal plertp ROW. [FW IlEntlntgNhm b be Imhlletl Ma tlryol port WMM1 pnllllaE llgM1tlngconbaclo Ull r. rill g11ARAM23 paatoaMatrtet II{M1t mubvNon �pmng rpnawn MpintM1ml ba.m.dplawwam at.tw eppmolsr. [mpt ngM1t Ipppe.tlpm.M1.n x Imrallpa r Mplmum r,an -AII ll{M1tlra„latem m,terlab mart 4apprpued by 1AM1tlng Department II— II{M1tln{App,aeA Pmtlu. urtl. -All Wan{/ublea mus[be rapper. �- urban bobcat ARCHITECTS W CHCaDEVELOPMENT EW PEbIIT Dbi2R2 t Ott REPSDNY pD1�15.tT I ] Ott RM90N g33 I IGIECRED RY: NRC IDRAMN OY: .a Ilt�ll�ll IDocDAe Dgnam hr' �Dxlo; APPROVED By DaNSKo ar 11:5a am, Mar fa, 202JJ y�,•g„z _-� WEST TUCKER STREE SITE PLAN C SI•TEPm N (50' RIGHT—OF—WAY) Parkway Permit* PK22-04349 „r D sskdD DomeDrt E1.0 Building Permit #: PB22-10245 Exhibit B Dev Funding Agreement: Page 5 of 6 Illumination Improvements ��.N �ELECTRICAL, �.LC. 821 E. Dion Avernle Fort V4 ortlt, Texas 76140 M15W.1w,uielectrical.coni IF 817-,>61-7403 9 Thursday, September 28, 2023 To: Clint Hoover City of Fort Worth Bean Electrical, LLC. is proud to offer an estimate for the project: Chambers Building B Scope: Per Bid Items below. 1. Furnish/install 2" Sch 80 by trench 2. Furnish/install ground box 3. Furnish/install TY 7 foundations w/ 10' Washington standards 4. Furnish/install No. 8 XHHW and electrical connections 5. Furnish/install traffic control and street use permit Base Bid: Note: Bid based on plans provided $37,073.55 Clarifications and Exclusions: 1. Proposal is for all bid items on proposal above 2. Excludes anything not listed in scope and the following below 3. Surveying & Staking 4. Damage to Paving or Asphalt 5. Performance/Payment/Maintenance Bonds 6. Utility Company Charges 7. Damage to unseen/unmarked utilities 8. Allowances/City Fees 9. Taxes (if any) 10. Due to the market changes in materials, price good for 30 days. 11. Bid based on normal working hours (7:00 to 3:30-Mon. thru Fri). No overtime or acceleration included 12. Bean Electrical, LLC. reserves the right to negotiate a mutually acceptable contract. If rock is present additional fees involved for equipment Sincerely, Jason Hess Bean Electrical, LLC. TECL17979 Regulated by The Texas Department of Licensing and Regulations, P.O. Box 12157, Austin, Texas 78711, 1 800 803 9202, 512 463 6599, website www.license.state.tx.us/complaints ' BE""L ELECTRICAL,, LLC, l E. Fltioll) Aveiiiw- V 17-J01-7400 BL Fort Wooli, Tc•xa, 76140 F 817-561-7.403 �ti�{�3-.1�c�-rlicicc•t nc•al.c•� rn� Item Estimate Unit Code quantity 1 101 LF 2 1 EA 3 2 EA 4 303 LF 5 2 EA 6 4 EA 7 1 MO 8 1 EA Description Unit Price Total Amount CHAMBERS BUILDING B FURNISH/INSTALL 2" SCH 80 BY TRENCH $49.00 $4,949.00 FURNISH/INSTALL GROUND BOX $2,290.00 $2,290.00 INSTALL TY 7 FOUNDATION $2,640.00 $5,280.00 FURNISH/INSTALL NO.8 XHHW $4.85 $1,469.55 FURNISH/INSTALL 10' WASHINGTON STANDARDS $8,830.00 $17,660.00 ELECTRICAL CONNECTION $365.00 $1,460.00 TRAFFIC CONTROL $3,465.00 $3,465.00 STREET USE PERMITS $500.00 $500.00 TOTAL $37,073.55 Bean Electrical, LLC. TECL17979 Regulated by The Texas Department of Licensing and Regulations, P.O. Box 12157, Austin, Texas 78711, 1 800 803 9202, 512 463 6599, website www.license.state.tx.us/complaints 465S. Main St Illumination Improvements of w 6 Ran. a ram Legend Project Location FORT WORTH. Routing and Transmittal Slip Transportation & Public Works DOCUMENT TITLE: 465 South Main Lighting Funding Agreement M&C: PARKWAY PK22- BUILDING PB22- DOC#: PERMIT: 05185 PERMIT: 06713 Date: 10/25/23 To: Name Department Initials 1. Clint Hoover TPW - Signature 60 2, Anna Benavides TPW — Initial A' 3, Rajnish Gupta TPW - Signature 74z- 4, Martin Phillips TPW — InitialP 5. Lauren Prieur TPW - Signature 6. Doug Black Legal — Signature dwb 7. Jesica McEachern CMO - Signature im 1- 8. Ronald Gonzales CSO - Signature Kc 9. Jannette Goodall CSO - Signature 7 10. Allison Tidwell CSO - Initial .IL AT 11. Tabitha Giddings TPW Date Out DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑YES ®No RUSH: ❑YES []No SAME DAY: []YES []No NEXT DAY: ❑YES ❑No ROUTING TO CSO: ®YES ❑No Action Required: ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs Return To: TPWContractsaFortWorthTexas.2ov at ext. 7233 for pick up when completed. Thank you!