HomeMy WebLinkAboutItem 09 - Lake PointeMEMO TO:
FROM:
MEETING DATE:
SUBJECT:
RECOMMENDATION:
CC, ITEM #
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
BRUNO RUMBELOW, CITY MANAGER
DECEMBER 18, 2012
DEVELOPER CONTRACT LAKE POINTE ADDITION
WATERLINE AND ROADWAY IMPROVEMENTS
City Council consider approving a Developer Cost Participation Contract with K
Hovnanian for the construction of a left turn lane on Dove Loop, a 12" waterline and a 6"
waterline connection, authorize the City Manager to execute the necessary documents,
and take any necessary action.
FUNDING:
The total project cost of $300,000 is available in the 2011 Water Impact Fee Fund
Balance and Utility Fund Balance for the 12" waterline and 6" waterline and in GO Bond
Funds for the left turn lane, account 178 - 78101 -011.
BACKGROUND:
Roadway Improvements
K Hovnanian is preparing to develop Lake Pointe Addition, a 60+ lot residential
development on Dove Loop east of Dove Road. This segment of the roadway is
currently a four -lane undivided roadway with no provisions for sheltered left turns.
With the vehicle speeds and topography in this corridor, a left turn lane is a
recommended element for this roadway.
At the time that the City designed and constructed this segment of Dove Loop, the
adjacent property owner had no definitive plans for development and trying to locate a
left turn lane at that time would have been an educated guess at best.
The City is proposing to fund the construction of the left turn lane now that the final
access point from the development has been determined. Additionally, the relatively
small scope of the roadway construction for this left turn lane lends itself to having the
contractor for the development construct the Dove Loop improvements.
Waterline Improvements
The City Water Masterplan reflects a 12" waterline to be constructed in the vicinity of
Lake Pointe Addition. This development provides the City an opportunity to coordinate
our Masterplan facilities with the localized development's plans and construct a portion
of the overall 12" waterline with the City, providing the funding for the waterline
segments outside of the development and upsizing funding for the segment within the
development.
Additionally, this development provides the City an opportunity to connect a 6" waterline
to a deadend line in Trail Edge Drive to the south of Lake Pointe.
The contract is based upon our standard agreement utilized for funding participation
agreements with developers within the City.
Staff recommends approval.
STATE OF TEXAS §
COUNTY OF TARRANT § COST PARTICIPATION CONTRACT
CITY OF GRAPEVINE §
WHEREAS, K. Hovnanian, a Texas Limited Liability Corporation, hereinafter
referred to as "Owner," is the owner of land in the City of Grapevine, Tarrant County,
Texas, a Texas home -rule City, hereinafter referred to as "City", which land ( "Subject
Property ") is more specifically described as Lake Pointe, City of Grapevine, Tarrant
County, Texas, incorporated herein for all purposes; and
WHEREAS, Development of Subject Property generates a volume of traffic which
necessitates the construction of left turn lane street improvements (the "Left Turn Lane ")
on Dove Loop located at the west end of the Morehead Branch Bridge extending for a
overall distance of approximately 900 feet to provide principal access to Subject Property;
and
WHEREAS, Development of Subject Property provides the opportunity to
incorporate the construction of a 12" waterline, identified in the City's Water Masterplan
and Impact Fee Study and a 6" waterline connection (the "Waterline ") to a dead end line in
Trail Edge Drive south of the Subject Tract, into the development construction; and
WHEREAS, the Waterline lies within the limits of the Subject Property and outside
of the limits of the Subject Property; and
WHEREAS, the City, pursuant to its policies, acknowledges an obligation to fund
the upsizing costs of the Waterline within the limits of the Subject Property compared to
the costs of constructing an 8" waterline, normally installed in residential developments;
and
WHEREAS, the Owner agrees that the construction of the Left Turn Lane and
Waterline shall be undertaken by the Owner, as part of the customary construction
efforts associated with the Development of Subject Property, and
WHEREAS, the City and Owner agree that the Waterline and the Left Turn Lane
costs shall be derived from unit prices received by Owner and agreed upon by the City;
and
WHEREAS, the City and Owner agree that the upsizing costs for the Waterline
shall be based upon bid prices received by the Owner for a 12" Waterline compared to
the bid prices received for an 8" Waterline; and
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WHEREAS, City agrees to provide the necessary funding for:
• the construction of approximately 920 LF of the Waterline and necessary
appurtenances, outside of the limits of the Subject Property with an
estimated cost of $85,000,
the estimated upsizing cost of $45,000 for construction of approximately
1,113 LF of the Waterline within the limits of the Subject Property
designated for upsizing cost reimbursement, and
• the funding for the construction of the Left Turn Lane in Dove Loop at an
estimated cost of $135,000, and
WHEREAS, City agrees to provide the full funding for the design, material testing
and any other subsidiary costs for the approximately 920 LF of Waterline, constructed
outside of the limits of the Subject Property with an estimated cost of $17,000, and;
WHEREAS, City agrees to fund the material testing and other subsidiary costs
for the Left Turn Lane in Dove Loop at an estimated cost of $18,000,
WHEREAS, the Owner agrees to fund the design, material testing and any other
subsidiary costs for of Waterline designated for upsizing and the design for the Left Turn
Lane; and
WHEREAS, the "Owner" and City agree that the City's participation in the funding
of the Project is estimated to be $300,000; and
WHEREAS, the City agrees to provide its share of the funding to "Owner" in
monthly installments based upon work completed and approved contract line item prices
less a 5% Retainage which shall be paid to Owner upon completion of the construction
and acceptance by the City; and
WHEREAS, the "Owner" and City agree the contract for the construction of the
Project shall be exclusively between the "Owner" and the contractor and that the City shall
have no contractual relationship with the contractor within the scope of the "Owner"
contract for the construction of this Project, and
WHEREAS, the "Owner" agrees that the construction contractor shall be required
to provide a performance, payment and maintenance bonds. Said performance and
payment bonds shall be issued by an approved surety company holding a permit from the
State of Texas to act as surety (and acceptable according to the latest list of companies
holding certificates of authority from the Secretary of the Treasury of the United States),
shall be issued in the name of the City, and shall be issued in the full amount of the cost
to construct the Project; and
Said maintenance bond shall be issued by a an approved surety company holding
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a permit from the State of Texas to act as surety (and acceptable according to the latest
list of companies holding certificates of authority from the Secretary of the Treasury of the
United States), shall be issued in the name of the City of Grapevine, shall be issued in an
amount of twenty -five percent (25 %) of the total construction cost of the Project, and shall
extend for a period of two years from the date of acceptance of the Project by the City;
and
WHEREAS, the "Owner" agrees that the contractor shall provide insurance for the
Project as stipulated by the City in amounts meeting the City's minimums for Public
Construction Projects; and
WHEREAS, the "Owner' agrees that said insurance shall name the City of
Grapevine as additional insured; and
WHEREAS, State law provides the opportunity for cities to participate with private
development in the construction of public improvements.
NOW, THEREFORE, the parties to this Contract, the City and the "Owner', do
enter into this Cost Participation Contract, for good and valuable consideration, the
receipt and sufficiency of such consideration being hereby acknowledged, and in the
mutual promises and mutual benefits that flow to each party, do hereby contract,
covenant, warrant, and agree as follows:
Section 1. That all matters stated in the preamble above are found to be true
and correct and are incorporated into the body of this Cost Participation Contract as if
copied verbatim in their entirety.
Section 2. That the "Owner' hereby agrees to construct roadway and waterline
improvements as herein described to provide adequate traffic capacity and water system
capacity to serve the proposed development of Subject Property. The construction shall
comply with City ordinances and State of Texas requirements.
Section 3. The "Owner" hereby agrees, at its sole cost, to employ a civil
engineer registered in the State of Texas to prepare and seal the construction plans of
the Left Turn Lane and the Waterline within the limits of the Subject Property prior to
construction.
Section 4. The "Owner' hereby agrees, at its sole cost, to contract with said
registered civil engineer to provide Construction Phase Engineering Services to the City
during the construction of the Left Turn Lane and Waterline.
Section 5. That the "Owner' and City agree to construct and to share in the
Total Cost of the Waterline and Left Turn Lane, and the City shall make monthly
payments to the Owners as stipulated in this contract.
Section 6. That the Owner and City agree that completion of the public
infrastructure necessary for Substantial Completion of the Subject Property infrastructure
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is not tied to the completion of the 12" Waterline construction provided that water service
to the Subject Property is in place and sufficient to provide adequate fire protection.
Section 7. That the Owner agrees to dedicate the necessary utility easements
for the Waterline construction and the necessary street right of way for the Left Turn
Lane construction.
Section 8. Indemnity Provisions. The "Owner shall waive all claims, fully
release, indemnify, defend and hold harmless the City and all of its officials, officers,
agents, consultants and employees in both their public and private capacities, from any
and all liability, claims, suits, demands or causes of action, including all expenses of
litigation and I or settlement which may arise by injury to property or person occasioned
by error, omission, intentional or negligent act of "Owner ", its officers, agents,
consultants and employees arising out of or in connection with this Contract, or on or
about the property, and "Owner' will, at its own cost and expense, defend and protect
the City and all of its officials, officers, agents, consultants and employees in both their
public and private capacities, from any and all such claims and demands. Also, "Owner"
agrees to and shall indemnify, defend and hold harmless the City and all of its officials,
officers, agents, consultants and employees in both their public and private capacities,
from and against any and all claims, losses, damages, causes of action, suit and
liability of every kind, including all expenses of litigation, court costs and attorneys' fees
for injury to or death of any person or for any damage to any property arising out of or in
connection with the construction under this Contract on or near the Subject property.
This indemnity shall apply whether the claims, suits, losses, damages, causes of action
or liability arise in whole or in part from the intentional acts or negligence of "Owners" or
any of their officers, officials, agents, consultants and employees, whether said
negligence is contractual, comparative negligence, concurrent negligence, gross
negligence or any other form of negligence. The City shall be responsible only for the
City's primary negligence. The provisions above in this Section 6 shall apply only to
errors, omissions, and acts occurring during the construction of the Project and not
afterwards. Provided, however, that nothing contained in this Contract shall waive the
City's defenses or immunities under Section 101.001 et seq. of the Texas Civil Practice
and Remedies Code or other applicable statutory or common law.
Section 9. Indemnity Against Design Defects. Approval of the City
Engineer or other City employee, official, consultant, employee, or officer of any plans,
designs or specifications submitted by the "Owner" under this Contract shall not
constitute or be deemed to be a release of the responsibility and liability of the "Owner'
their engineer, contractors, employees, officers, or agents for the accuracy and
competency of their design and specifications. Such approval shall not be deemed to
be an assumption of such responsibility or liability by the City for any defect in the
design and specifications prepared by the consulting engineer, his officers, agents,
servants, or employees, it being the intent of the parties that approval by the City
Engineer or other City employee, official, consultant, or officer signifies the City's
approval of only the general design concept of the improvements to be constructed. In
this connection, the "Owners" shall, for a period of one (1) year following the City's
acceptance of the Project, indemnify and hold harmless the City, its officials, officers,
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agents, servants and employees, from any loss, damage, liability or expense on
account of damage to property and injuries, including death, to any and all persons
which may arise out of any defect, deficiency or negligence of the engineer's designs
and specifications incorporated into any improvements constructed in accordance
therewith, and the "Owners" shall defend at his own expense any suits or other
proceedings brought against the City, its officials, officers, agents, servants or
employees, or any of them, on account thereof, to pay all expenses and satisfy all
judgements which may be incurred by or rendered against them, collectively or
individually, personally or in their official capacity, in connection herewith.
Section 10. Approval of Plans The "Owner" and City agree that approval of
plans and specifications by the City shall not be construed as representing or implying
that improvements built in accordance therewith shall be free of defects. Any such
approvals shall in no event be construed as representing or guaranteeing that any
improvement built in accordance therewith will be designed or built in a good and
workmanlike manner. Neither the City nor its elected officials, officers, employees,
contractors and /or agents shall be responsible or liable in damages or otherwise to
anyone submitting plans and specifications for approval by the City for any defects in
any plans or specifications submitted, revised, or approved, in the loss or damages to
any person arising out of approval or disapproval or failure to approve or disapprove
any plans or specifications, for any loss or damage arising from the non - compliance of
such plans or specifications with any governmental ordinance or regulation, nor any
defects in construction undertaken pursuant to such plans and specifications.
Section 11. Upon completion of the construction of the Project, the Project and
all appurtenances thereto shall become the property of and shall be maintained by the
City (subject to the warranties of the contractor performing the work).
Section 12. Notwithstanding anything in this Contract, nothing herein waives
any right of immunity available to the City under applicable law. With respect to any
indemnity provided for herein from "Owner" to City, "Owner" do not assume any liability
for damages above and beyond what is recoverable against the City itself based on
immunity or damage limits applicable to the City.
Section 13. This Contract shall not be assignable without the express written
consent of City and "Owners."
Executed this Day of , 2012.
OWNER;
K. Hovnanian
CITY OF GRAPEVINE, TEXAS
Bruno Rumbelow, City Manager
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APPROVED:
City Attorney
STATE OF
Before me, a notary public, on this day personally appeared
, known to me to be the person
whose name is subscribed to the foregoing document and acknowledged to me that he
executed the same for the purposes and consideration therein expressed.
Given under my hand and seal of office this day of 2012.
Notary Public Signature
Notary Public Printed or Typed Name
My commission expires:
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STATE OF
COUNTY OF
Before me, a notary public, on this day personally appeared
known to me to be the person
whose name is subscribed to the foregoing document and acknowledged to me that he
executed the same for the purposes and consideration therein expressed.
Given under my hand and seal of office this day of 2012.
Notary Public Signature
Notary Public Printed or Typed Name
My commission expires:
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