HomeMy WebLinkAboutItem 09 - Glade Road Storm DrainageMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROGER NELSON, CITY MANAGER Al
MEETING DATE: JANUARY 16, 2001
SUBJECT: GLADE ROAD STORM DRAINAGE / PERIPHERY STREET FEE
DEVELOPER'S CONTRACT
RECOMMENDATION:
City Council consider approving a Developer's Contract with Founders Development
Company, L. L. C., authorizing the construction of an enclosed storm drainage system in
Glade Road for a length of approximately 814 feet as part of the development of
Meadow Park Addition in lieu of a portion of the peripheral street fees due for Glade
Road, authorize staff to execute said contract, and take any necessary action.
BACKGROUND:
The Meadows Park Addition site is located in the northeast corner of Glade Road and
Baze Road. As part of the development requirements, the developer is constructing an
on site underground storm drainage system that will discharge to Glade Road. The
current roadside ditches on Glade Road will require enlargement to adequately convey
the design flows and will further amplify an undesirable combination of narrow two lane
arterial roadway, roadside ditch and sidewalk within the existing right-of-way.
Staff has proposed that the developer undertake underground storm drainage
improvements in the Glade Road right-of-way that would be adequately sized to serve
the planned development, an existing system in Baze Road, and future inlets in Glade
Road when the roadway is widened. These improvements would effectively eliminate
the roadside ditch along the north side of Glade Road from Baze Road east for a
distance of approximately 814 feet to the existing low point of the roadway and the
existing box culvert flowing south into Euless.
The cost of these modified improvements would be credited against the peripheral street
fees owed by the development to the City for Glade Road.
January 9, 2001 (4:15PM)
The peripheral street fees owed by this development are $108,128.25, and the
estimated cost of the improvements is approximately $51,084.00. The balance of the
peripheral street fees, upon completion of the drainage system construction, would be
paid to the City prior to the development being released for building permits.
Staff recommends approval.
JSP/dsm
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January 9, 2001 (1:55PM)
STATE OF TEXAS
COUNTY OF TARRANT
CITY OF GRAPEVINE
V
§ DEVELOPER'S CONTRACT
WHEREAS, Founders Development Company, L. L. C., a corporation authorized
to do business in the State of Texas, 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 located abutting
Glade Road and Baze Road in the northeast corner; and
WHEREAS, Development of Subject Property necessitates the construction of an
adequately sized storm drainage system to convey storm water generated by Subject
Property; and
WHEREAS, it is hereby deemed desirable to eliminate an existing roadside ditch
adjacent to the existing two lane roadway by installing an underground storm drainage
system ("the Project") within the right-of-way of Glade Road, adequately sized to properly
serve the Subject Property and Baze Road and capable of being incorporated into the
future underground storm drainage system associated with the widening of Glade Road;
and
WHEREAS, the City's approved Thoroughfare Plan identifies Glade Road as a
Type "B" Four Lane Divided Arterial Roadway; and
WHEREAS, the City requires developments adjacent to Thoroughfare Streets to
pay Periphery Street Fees based upon frontage on the Thoroughfare; and
WHEREAS, the Subject Property has approximately 606.27 feet of frontage on
Glade Road for which a Periphery Street Fee in the amount of $ 108,128.25 is due
upon development of Subject Property; and
WHEREAS, the Developer will construct the Project in Glade Road located and
sized adequately to provide for future widening of Glade Road, to serve the Subject
Property, and to meet the City's fully developed drainage design standards; and
WHEREAS, the cost of the Project, estimated to be $ 51,084.00 will be borne by
the Developer and deducted from the Developer's Periphery Street Fees upon completion
of the construction, certification of the units and costs by the developers licensed Civil
Engineer and approval of the final units and final unit costs by the City; and
WHEREAS, the balance of the Periphery Street Fees will be due to the City upon
completion of the Project, determination of the final cost, and prior to release of the
development for Building Permits; and
WHEREAS, the design and construction of the Project shall be undertaken by the
Developer; 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 and Material Testing; and
WHEREAS, the Developer and City agree that the scope of the Project shall
consist of the construction of an underground storm drainage system extending from the
northeast corner of Glade Road and Baze Road east for a total distance of approximately
814 feet across the entire frontage of Subject Property on Glade Road and continuing to
an existing culvert crossing Glade Road east of Subject Property, including the necessary
inlets, junction boxes, and pavement repairs; and
WHEREAS, the Developer agrees that the construction contractor shall be
required to provide a maintenance bond. 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 said roadway, and shall extend for a period of two years from the
date of acceptance of said roadway improvements by the City; 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
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 Project'as herein
described to provide an underground storm drainage system within the Glade Road right-
of-way adequately sized to provide for future widening of Glade Road, to serve the
Subject Property, and to meet the City's fully developed drainage design standards. The
Project shall comply with City ordinances.
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 Project prior to construction.
IN
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 agrees to construct the Project and to apply the
Developer's Periphery Street Fees toward the Total Cost of the Project, as established in
this Developer Contract. The Developer shall deposit with the City by certified check the
balance of his Periphery Street Fees upon the completion of the Project and prior to the
City issuing Building Permits for Subject Property.
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, employees and invitees 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, employees, invitees, or other person,
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, employees and invitees in both their public and
private capacities, from any and all such claims and demands. Also, Developer agrees
to and shall indemnify, defend and hold harmless the City and all of its officials, officers,
agents, consultants, employees and invitees 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 this Contract or any all activity or use pursuant to the Contract, or on or
about the 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 develop or any of its officers, officials, agents, consultants employees
or invitees, 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 sole negligence. 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 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.
Section 9. No Building Permits shall be issued for Subject Property until the
Developer has completed the Project and has paid the outstanding Periphery Street
Fees to the City.
Section 10. Upon completion of the construction of the Project, the Project and
all appurtenances thereto shall become the property of the City.
Section 11. This Contract shall not be assignable without the express written
consent of City and Developer.
Executed this Day of , 2001.
DEVELOPER:
(Typed Name of Developer)
4
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City Attorney
STATE OF
COUNTY OF
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515NM,
Roger Nelson, City Manager
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.
2001.
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
C01ilil� I VMS]]
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.
2001.
Given under my hand and seal of office this
Notary Public Signature
Notary Public Printed or Typed Name
My commission expires:
1.1
day of ,
O:%CONTRACTIGIade_Road_Dev_Contract