HomeMy WebLinkAboutItem 09 - Hughes Road Improvements1 I Girl i �� —
MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER I'2
MEETING DATE: DECEMBER 19, 2006
SUBJECT: DEVELOPERS CONTRACT — HUGHES ROAD IMPROVEMENTS
RECOMMENDATION:
City Council consider approving a Developer's Contract with CNP PLUS, L.P. for the joint
public/private partnership in the construction of stormwater system improvements and
wastewater system improvements within the right-of-way of Hughes Road at a City cost of
$46,365.85, authorize the City Manager to execute said contract, and take any necessary
action.
FUNDING:
Funding Source
Account
Amount
Award
Percent
Utility Bonds 96
200-48952-534-2
$31,608.62
$ 31,608.62
14.6%
Storm Drainage
116-48941-535-1-
$14,757.23
$14,757.23
6.8%
Utility Funds
00009
Private
N/A
$170,351.00
78.6%
Developer
TOTAL
$216,716.85
$46,365.85
100.0%
_Budget
Amount
Award
Percent_
Engineering
0
0.0%
Construction
$216,716.85
$46,365.85
100.0%
Contingency
0
TOTAL $216,716.85 $46,365.85 100.0%
BACKGROUND INFORMATION:
The development of Lot 1, Block 1 - 121 Medical Addition includes the construction of a
stormwater system and wastewater system of adequate capacity to serve the upstream
properties on the south side of Hughes Road. The systems on the development's site are
being extended to its south property line, the north right-of-way line of Hughes Road.
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To serve the properties on the south side of Hughes, both systems must be extended
across the roadway and to the west to reach the low point in the area. This extension is
solely the cost of the City and not of the developer.
The City Staff has proposed to the developer to combine the projects to better coordinate
the two construction efforts with a single contractor.
The developer cost for the onsite improvements are estimated to be $170,351.00.
The City costs for the offsite improvements in the Hughes Road right-of-way are estimated
to be $46,365.85.
The total project will be undertaken by the developer and his contractor and inspected by
the City. Payment of the City's share of the total project cost will be made at the
completion and acceptance of the project.
Staff recommends approval.
JSL
0:\agenda\2006\12-19-06\Hughes Rd Utilities Dev Contract Memo
STATE OF TEXAS §
COUNTY OF TARRANT § DEVELOPER'S CONTRACT
CITY OF GRAPEVINE §
WHEREAS, CNP PLUS, L.P., a Texas Limited Partnership, hereinafter referred to
as "Developer", is the owner of a tract of land in the City of Grapevine, Tarrant County,
Texas, a Texas home -rule City, hereinafter referred to as "City", which tract of land
("Subject Property") is more specifically described as Lot 1, Block 1, 121 Medical
Addition, City of Grapevine, Tarrant County, Texas, which is incorporated herein for all
purposes; and
WHEREAS, Development of Subject Property includes the construction of
stormwater and wastewater facilities of adequate capacity to serve the Subject Property
and properties upstream of the Subject Property; and
WHEREAS, the City, desires that the stormwater and wastewater facilities to be
constructed across the Subject Property be extended south across Hughes Road to serve
existing and future development bordering the south side of Hughes Road ("the Project"),
and acknowledges its responsibility to fund the construction of the requested extension of
facilities to accommodate existing and future developments; and
WHEREAS, the construction of the Project shall be undertaken by the
"Developer" and the "City" with the City providing $46,365.85 in funding from utility
funds and the Developer providing the balance of the funds necessary to construct the
Project; and
WHEREAS, the design and construction of the Project shall be undertaken by the
Developer at their sole cost; and
WHEREAS, for the purposes of this Developer Contract, the City and the
Developer agree that the "Total Cost" shall be defined as the final construction cost of the
Project including: Construction, Material Testing, and ten percent (10%) contingencies,
estimated to be $216,716.85; and
WHEREAS, the Developer and City agree that the scope of the Project shall
consist of the installation of street improvements, including pavement, curb and gutter,
underground storm drainage, curb inlets, water line adjustments and wastewater line
adjustments as needed as well as other appurtenances incidental to the pursuit of said
construction, and
WHEREAS, the Developer and City agree that the City's participation in the
funding of the Project is estimated to be $46,365.85; and
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WHEREAS, State law provides the opportunity for cities to participate with private
development in the construction of public improvements; and
WHEREAS, the Developer agrees that its participation in the cost of the Project is
estimated to be $170,351.00 representing the balance of the estimated Total Cost of the
Project; and
WHEREAS, the Developer agrees that the contracting for the construction of said
Project shall be by the Developer; and
WHEREAS, the Developer and City agree the contract for the construction of the
Project shall be exclusively between the Developer and the contractor and that the City
shall have no contractual relationship with the contractor within the scope of the
Developer's contract for the construction of this Project, and
WHEREAS, the Developer 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
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 Developer 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 Developer agrees that said insurance shall name the City of
Grapevine and the State of Texas as additional insured; and
W�IRIAS'�4`YI7r Ti}',Si �FIe.ti iM�r%fa\ are of M�i+�l�,.�, MF
the C y' ac c t � t re.F'rvject; and
NOW, THEREFORE, the parties to this Contract, the City and the Developer, do
enter into this Developer 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
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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 Developer Contract as if copied
verbatim in their entirety.
Section 2. That the Developer hereby agrees to construct the stormwater and
wastewater facility improvements as herein described to provide adequate capacity to
serve the proposed development of Subject Property and properties upstream of Subject
Property. The Project shall comply with City ordinances and State of Texas
requirements.
Section 3. The Developer 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 roadway improvements prior to construction.
Section 4. The Developer 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 Project.
Section 5. That the Developer and City agree to construct the Project and to
share in the Total Cost of the Project, as established in this Developer Contract. Th
Section 6. Indemnity Provisions. The Developer 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 / or settlement which may arise by injury to property or
person occasioned by error, omission, intentional or negligent act of Developer, its
officers, agents, consultants and employees arising out of or in connection with this
Contract, or on or about the property, and Developer 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 Stich claims and
demands. Also, Developer 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 developer or any of its 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
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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 7. 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 Developer under this Contract shall not
constitute or be deemed to be a release of the responsibility and liability of the
Developer, its 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 Developer 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,
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 Developer 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 8. Approval of Plans The Developer 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.
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Section 9. 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 10. 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 Developer to City, Developer does 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 11. This C ontract s hall n of b e a ssignable w ithout the express written
consent of City and Developer.
Executed this Day of , 2006.
DEVELOPER:
(Typed Name of Developer)
APPROVED:
City Attorney
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5
CITY OF GRAPEVINE, TEXAS
Bruno Rumbelow, City Manager
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.
2006. Given under my hand and seal of office this day of ,
Notary Public Signature
Notary Public Printed or Typed Name
My commission expires:
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.
2006. Given under my hand and seal of office this day of ,
Notary Public Signature
Notary Public Printed or Typed Name
My commission expires:
O:\contract\CNP — Hughes Rd Contract 12-19-06.doc
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