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HomeMy WebLinkAboutContract 50017 CITY SECRETARY FUTURE IMPROVEMENTS AGREEMENCDWRACTNO.,,y L I J FOR INFRASTRUCTURE IMPROVEMENTS MARINE CREEK PARKWAY AND LONGHORN ROAD WHEREAS, the City of Fort Worth ("City") has entered into that certain Community Facilities Agreement (2016-044) ("CFA") with Marine Creek All Storage, LLC, ( "Developer'); and WHEREAS, the CFA includes Developer's proportionate share of the construction of water, wastewater, pavement and storm drain improvements, a portion of which is within both Marine Creek Parkway and Longhorn Road. WHEREAS, in lieu of the Developer, pursuant to the CFA, constructing those certain pavement improvements within Marine Creek Parkway and storm drain improvements within Longhorn Road, as shown on Exhibit A (the "Improvement"), City will instead construct the Improvement(s) as part of the Marine Creek Parkway Capital Improvements Project work ("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 of $61,404.64 ("Developer Funds") for the City to construct the Improvement as part of the CIP 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. RECEIVED NOV 3 0 2017 OFMl IAL PRECO D c i"Y. C". ATA CI if Developer Funding Agreement—Marine Creek All-Storage CFA FT.Vtr4)is�&No TX Pagel of 4 2. Concurrently herewith, Developer has paid to the City the amount of$61, 404.64 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 performance of construction will be subject to delays caused by events of Force Majeure. 5. Developer acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services 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 Developer: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Developer Funding Agreement—Marine Creek All-Storage CFA 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 DEVELOOER' MARINE CREE ALL STORAGE, LLC Jesus J. Chapa Mari; 4266well Assistant City Manager Manager Date Date 2EGOM ewpeD b'// �' s n `Gf Contract Compliance Manager: o f vi 1'_V41 P 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. F} FF°RTS Name: Janie Morales _ = Title: Development Manager •j�Xp,S NO M&C REQUIRED APPROVED AS TO FORM Dou Gtac►c OFFICIAL RECORD CITY 3LCRETAlRY Develo e 3 o 4r Funding Agreement—Marine Creek All-Storage CFA FT.V OR T H,TX g EXHIBITS Developer Funding Agreement—Marine Creek All-Storage CFA Page 4 of 4 LEGEND Exhibit A PROPERTY LINE — PROPOSED LEFT TURN LANE PAVEMENT :,. .X NORTH EDGE OF FUTURE ROAD GRAPHIC SCALE IN FEET 0 50 100 200 i �———————— —————————————————— ——————— _— _ - - - -- �' It- - - - - - - - - - - - - - - LOT 4, BLOCK 1 I 2.0116 ACRES I I I I LOT 1,BLOCK 1 LONGHORN CROSSING ADDITION I I INSTRUMENT NO.D209243338 OPRTCT I I LOT 1,BLOC rn �-------J \ \ 8.0034 ACR A ( \ 1 \ PROPOSED \ LEFT TURN LANE \ 1 PAVEMENT 1535 SY \ \ LOT 3, BLOCK 1 0.9795 ACRES \ \ �5 MONOLITHIC MEDIAN \ NOSE \ I \ A MONOLITHIC MEDIAN i1t ,d NOSE I � \ I � � 1 KimleyoHorn Exhibit A LEGEND NORTH PROPERTY LINE PROPOSED STORM LINE GRAPHIC SCALE IN FEET 0 25 50 100 { � rn LONGHORN ROAD O 120 R.O.W. 24'415*BEND .7+00 20.81 LFOF 24-RCP 11 - 128.27 LV OF 24"RCP-----.._ _ Zx2l)ROP INLET ------------------- r- - - - - - - - - - ' - - - - - - - - - - V LOT 1,BLOCK 1 LOT 4, BLOCK 1 LONGHORN CROSSING ADDITION INSTRUMENT NO.D209243338 ( 2.0116 ACRES OPRTCT ' Kimley*Hom All Storage Marine Creek-Developer Costs ITEM BID ITEM TYPE Qty Unit Unit Cost Total 1 3211,0400 Hydrated Lime Paving 14.0000 TCN $180.00 $2 520.00 2 3211.0502 8"Lime Treatment Paving 680.0000 SY $3.50 $2,380.00 3 3213.010510"Conc Pvmt Paving 514.0000 SY $56.60 $29,092.40 4 9999.0016 Monolithic Noses Median,Type I Paving 1.0000 EA $1,150.00 $1,150.00 5 3217.02018"SLD Pvmt Markin HAE Paving 150.0000 LF $2.50 $375.00 6 3217.2104 REFL Raised Marker TY I-C Paving 8.0000 EA $7.00 $56.00 7 9999.0000 Monolithic Noses,Median,Type 11 Paving 1.0000 EA $1,800.00 $1,800.00 8 9999.0030 Lane Legend Bike Lane Symbol and Arrow Paving 1.0000 EA $620.00 $620.00 9 3341,0205 24"RCP,Class III Storm Drain 149.0000 LF $100.00 $14,900.00 10 3305.0109 Trench Safety Storm Drain 149.0000 LF $1.00 $149.00 11 2'x2'Drop Inlet Storm Drain 1.0000 EA $2 78Q.00 $2,780.00 CONSTRUCTION SUBTOTAL $55,822.40 A Material Testing Fee 0.0200 LS $55,822,40 $1,116.45 B Lab Fee 0.0400 LS $55,822A01 $2,232.90 C Inspection Fee 0.0400 LS $55,822.40 $2,232.90 CONSTRUCTION FEES SUBTOTAL $5,582.25 GRAND TOTAL $61,404.65