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