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HomeMy WebLinkAboutItem 07 - Trail Lake and Kimberly Estates AdditionsITEM MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROGER NELSON, CITY MANAGER MEETING DATE: AUGUST 6, 2001 SUBJECT: DEVELOPER AGREEMENT AMENDMENT / K & M PROPERTIES RECOMMENDATION: City Council consider amending the Developer Contract with K and M Properties relative to the reconstruction of the segment of Kimball Road adjacent to the planned development, and the extension of the twelve -inch waterline to an existing system in the amount of $17,353.28, and take any necessary action. FUNDING SOURCE: Funds are available in 1995 Utility Bonds Account # 200-48930-534-1 -000011 WA. BACKGROUND: The original contract with K and M Properties included costs of $59,000.00 for improvements to the water system in this particular area of town and incorporate them into the private development construction contract. However, the cost of replacement of the waterline in this project was $17,353.28 above the estimate: 1. An additional 70 linear feet of twelve inch pipe. Cost $ 2.809.00. 2. Three additional six-inch valves necessary to reduce the interruption of service at the connections to waterlines in the Trail Lake Addition and Kimberly Estates. Cost $ 1.770.00. 3. Additional pavement repair due to the pipeline's proximity to the existing edge of old asphalt pavement. The balance of the old pavement between the trench and the edge of pavement is unconfined and has proven to be unstable. To provide a sound driving surface over this new waterline, the trench pavement repair was extended beyond the limits of the trench by an additional six feet to the south to the edge of pavement. August 2, 2001 (4:53PM) The final result was a new pavement surface over one full lane of the two lane w road. This provided a more desirable location for the pavement joint between the old and new asphalt and insured that the joint would not be beneath the tire track in the lane and subjected to the direct tire loading from vehicles. Cost $ 12.774.28. These improvements have been incorporated in the project to insure that this line was in service and provided improved service to the area by the beginning of the summer peak demand months. Staff recommends approval. JSL/dsm 0:\agenda\080601 \DevAgree.K&Mprop.agm August 2, 2001 (4:53PM) STATE OF TEXAS § COUNTY OF TARRANT § DEVELOPER'S CONTRACT 2ND AMENDMENT CITY OF GRAPEVINE § WHEREAS, K. M. Properties, 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 Kimball Road; and WHEREAS, Development of Subject Property necessitates the construction of a public street solely at the Developers cost to provide principal access to Kimball Road; and WHEREAS, the City's approved Thoroughfare Plan identifies Kimball Road as a Type "F" Two Lane Collector Roadway; and WHEREAS, the City, at its sole discretion, may require the adjacent developer to construct the adjacent Thoroughfare in lieu of providing Periphery Street Fees; and WHEREAS, the construction of a 450 foot long segment of Kimball Road is not desirable at this time; and WHEREAS, the location of the proposed street connection of Kimball Court and Kimball Road poses horizontal and vertical sight distance restrictions resulting in an undesirable intersection; and WHEREAS, the Periphery Street Fees required of the proposed development for Kimball Road are $ 66,280.22, (439'x $ 150.98/1f); and WHEREAS, an alternative approach to the construction of the pavement section to comply with City standards by the Developer has been proposed; and WHEREAS, the Developer will construct the necessary roadway excavation to provide for improved vertical and horizontal sight distances meeting the design speeds for the Thoroughfare and will provide for a stabilized subgrade and a 24 foot wide 5" HMAC pavement section, the "Project"; and WHEREAS, the cost of the Project, estimated to be $ 51,000-00 will be borne by the Developer and deducted from the Developer's Periphery Street Fees upon completion of the construction and certification of the units and costs by the developer's licensed consultant; and 0:\contracts\kimball—road—dev—contract-,,revised#2 WHEREAS, the balance of the Periphery Street Fees will be due to the City upon E" 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 the roadway from a two lane pavement section with limited vertical and horizontal visibility to a twenty-four feet wide two lane, 5" thick HMAC pavement section on a 6" stabilized subgrade with vertical and horizontal geometrics meeting the design speeds of a Type "F" Collector Roadway, roadway excavation sufficient for a future thirty-six foot wide pavement section with curb and gutter and sidewalks, including the necessary pavement transitions to meet the existing pavement; and WHEREAS, the vertical and horizontal adjustments to Kimball Road are in conflict with an existing City waterline; and WHEREAS the revised estimated cost to lower the line over a , length of 1 170 LF g is $ 76,353; and WHEREAS, the cost of public improvements being constructed by the Developer totals $ 157,552; and WHEREAS, adding the cost of this waterline lowering to the Developer's public improvements will yield a total for public improvements of $ 233,905; 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 O:\contracts\kimball road dev contract revised#2 K 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 improved geometrics necessary for the access from the proposed development of Subject Property. 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 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. That the Developer agrees to the construction of the water line lowering in Kimball Road under the Developer's contract for public improvements. Section 7. That the City agrees to fund the construction of the water line lowering in Kimball Road under the Developer's contract for public improvements. Section 8. 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 0:\contracts\kimball—road—dev_contract—revised#2 3 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 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 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 10. 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 O:\contracts\kimball road dev contract revised#2 4 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. 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 12. Upon completion of the construction of the Project, the Project and all appurtenances thereto shall become the property of the City. Section 13. This Contract shall not be assignable without the express written consent of City and Developer. Executed this Day of _, 2001. (Typed Name of Developer) City Attorney CITY OF GRAPEVINE, TEXAS 5 Roger Nelson, City Manager 0:\contracts\kimball_road—dev—contract—revised#2 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. KIIIIII 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. Given under my hand and seal of office this day of 2001. Notary Public Signature Notary Public Printed or Typed Name My commission expires: 01CONTRAC-RKimball_Road_Dev_CoMract Revised#2 ,J 0 O:\contracts\kimball road dev contract revised#2 W z N W Z W F- Q V, m ` ` LLN 4 M Ix g ,�11 •aQ 3: L 4 Q .l'R3 / Q 2 U 0 N N W�LL � .- N CO f/ 616 QSI 130231 vo n C4.- N ! � 8 3 07 LU c}" a7 U W m N i k M07 ® 4 m O T cn d° Nts N cp eel N N 2 �Q i p £