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HomeMy WebLinkAboutItem 04 - Hughes RoadMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITYCCOUNCIL FROM: ROGER NELSON, CITY MANAGER W �1 " ` I� MEETING DATE: MAY 1, 2001 SUBJECT: HUGHES ROAD STORM DRAINAGE / PERIPHERY STREET FEE DEVELOPER'S CONTRACT RECOMMENDATION: City Council consider approving a Developer's Contract with Booher Consultants, Incorporated, authorizing the construction of an enclosed storm drainage system in Hughes Road for a length of approximately 250 feet as part of the development of Booher Addition in lieu of the peripheral street fees due for Hughes Road, authorize staff to execute said contract, and take any necessary action. BACKGROUND: The Booher Addition site is located on the south side of Hughes Road between Horizon Bank and Fire Station # 4. As part of the development requirements, the developer is constructing an on site underground storm drainage system that will collect runoff from Delaney Vineyards and discharge it to Hughes Road. The current roadside ditches on Hughes Road are insufficient to convey the flows from this onsite system due to the depth of the. system and the depth of the crossing at the intersection of Merlot Drive and Hughes Road. Staff has proposed that the developer undertake underground storm drainage improvements in the Hughes Road right-of-way that would be adequately sized to serve the planned development, future upstream development, and future inlets in Hughes Road when the roadway is widened. The modified improvements, estimated to cost $ 30,000, will adequately drain the area. While the cost is solely the developer's, the proposed system can be constructed in a location where it could be used for the drainage system when the roadway is widened in the future. With the approach, the developer's periphery street fees of $ 25,728.35 can be dedicated to the cost of this system which eases the impact upon the development while constructing improvements with the fees that can be incorporated into the future roadway improvements. April 24, 2001 (1:14PM) The balance of the system cost, in excess of the peripheral street fees, will be paid for by the developer. Staff recommends approval. JSL/dsm April 24, 2001 (11:07AM) A 4 ow OW o "jwlg tl 00 YN O ow OW o "jwlg tl 00 STATE OF TEXAS § COUNTY OF TARRANT § DEVELOPER'S CONTRACT CITY OF GRAPEVINE § WHEREAS, Booher Consultants, Incorporated, 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 Hughes Road; 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 properties upstream; 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 Hughes Road, adequately sized to properly serve the Subject Property and capable of being incorporated into the future underground storm drainage system associated with the future widening of Hughes Road; and WHEREAS, the City's approved Thoroughfare Plan identifies Hughes Road as a Type "E" Four Lane Collector 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 151.05 feet of frontage on Hughes Road for which a Periphery Street Fee in the amount of $ 25,728.35 is due upon development of Subject Property; and WHEREAS, the Developer will construct the Project in Hughes Road located and sized adequately to provide for future widening of Hughes 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 $ 30,000.00 will be borne by the Developer and the Developer's Periphery Street Fees upon completion of the construction and certification of the units and costs by the developer's licensed consultant shall be used to offset eligible costs up to $ 25,728.35; and WHEREAS, any balance of the Periphery Street Fees due to the City after certification of the units and costs by the developers licensed consultant will be paid prior to release of the development for Building Permits; and O:Xcontract\hughes—road—dev—contract 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 subject property to the northwest corner of Hughes Road and Merlot Drive for a total distance of approximately 250 feet, 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 Hughes Road right-of-way adequately sized to provide for future widening of Hughes Road, to serve the Subject Property and properties upstream, 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. O:Xcontract\hughes_road—dev—contract 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, suites, 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, O:\contract\h ughes_road_dev_contract 3 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. FlIATIACON:11 Jeffrey Booher 4 0:\contract\hughes—road—dev—contract _...•T. - N # a CITY OF GRAPEVINE, TEXAS City Attorney Roger Nelson, 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. Given under my hand and seal of office this day of Notary Public Signature Notary Public Printed or Typed Name My commission expires: 5 O:Xcontract\hughes_road—dev—contract 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 I Notary Public Signature Notary Public Printed or Typed Name My commission expires: 0 0:\contract\hughes—road—dev—contract