HomeMy WebLinkAboutItem 03 - Hughes Road Storm DamageITEM of .3 WNWONNOWAft
MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROGER NELSON, CITY MANAGER 31" l
MEETING DATE: FEBRUARY 4, 2003
SUBJECT: HUGHES ROAD STORM DRAINAGE / PERIPHERY STREET
FEE DEVELOPER'S CONTRACT
RECOMMENDATION:
City Council consider approving a Developer's Contract with Eagle Unlimited, Inc.,
authorizing the construction of an enclosed storm drainage system in Hughes Road
right-of-way for a length of approximately 342 feet as part of the development of Lot
3R1, Block 2, Delaney Vineyards Addition utilizing a portion of the peripheral street fees
due for Hughes Road, authorize staff to execute said contract, and take any necessary
action.
BACKGROUND:
The Delaney Vineyards Addition site is located on the southeast corner of Hughes Road
and Merlot Drive intersection. The developer proposes to 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 cost of these modified improvements, estimated to be $31,000.00, is a cost of
development to develop the proposed site and adequately drain the area. If the
proposed system is constructed in Hughes Road right-of-way where it can be used for
the drainage system in a future roadway widening, a portion of. the developer's
$62,000.12 total in periphery street fees can be used to offset the cost of this system.
This approach eases the impact upon the development, eliminates the deep roadside
drainage ditch, and provides facilities that can be incorporated into roadway
improvements in the future.
Staff recommends approval.
JSL/dsm
January 29, 2003 (3:40PM)
STATE OF TEXAS §
COUNTY OF TARRANT § DEVELOPER'S CONTRACT
CITY OF GRAPEVINE §
WHEREAS, Eagle Unlimited, LTD., a Texas Limited Partnership authorized to do
business in the State of Texas, hereinafter referred to as "Developer', is the owner of two
Lots, 3R1 & 3R2, Block 2, Delaney Vineyards Addition in the City of Grapevine, Tarrant
County, Texas, a Texas home -rule City, hereinafter referred to as "City", which lots
("Subject Property") are located abutting Hughes Road; and
WHEREAS, development of Subject
adequately sized storm drainage system t,
Property and properties upstream; and
Property necessitates the construction of an
convey storm water generated by Subject
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 367 feet of frontage on
Hughes Road, 197 feet of which belongs to Lot 3R1; and
WHEREAS, a Periphery Street Fee in the amount of $33,555.01 is due upon
development of Lot 3R1; and
WHEREAS, a Periphery Street Fee in the amount of $ 28,445.11 is due upon the
development of Lot 3R2; 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
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WHEREAS, the cost of the Project, estimated to be $31,000.00 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 $31,000.00; and
WHEREAS, any balance of the Periphery Street Fees due to the City after
certification of the units and costs by the developer's licensed consultant will be paid 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
existing system at the Hughes Road and Merlot Drive intersection east for a total distance
of approximately 342 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.
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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.
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
Developers 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 developer 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.
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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.
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Section 11. This Contract shall not be assignable without the express written
consent of City and Developer.
Executed this
day of , 2003.
Guy Hatcher, General Partner
City Attorney
STATE OF TEXAS
COUNTY OF TARRANT
CITY OF GRAPEVINE, TEXAS
Roger Nelson, City Manager
Before me, a notary public, on this day personally appeared Guy Hatcher, 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.
2003.
Given under my hand and seal of office this day of
Notary Public Signature
Notary Public Printed or Typed Name
My commission expires:
5
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STATE OF TEXAS
• owe] a I•..,
Before me, a notary public, on this day personally appeared Roger Nelson, 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.
2003.
Given under my hand and seal of office this day of
Notary Public Signature
Notary Public Printed or Typed Name
My commission expires:
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