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HomeMy WebLinkAboutItem 08 - Traffic Signal ImprovementsMEMO TO F11,609 MEETING DATE: SUBJECT: RECOMMENDATION: STEM it .- 0 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ROGER NELSON, CITY MANAGERA/ AUGUST 6, 2001 DEVELOPER CONTRACT / TRAFFIC SIGNAL IMPROVEMENTS AT ERNEST DEAN PARKWAY AND SH 26 City Council consider approving a Developer Contract with Ainbinder/Shannon Grapevine LP for the construction of the traffic signal system at the intersection of SH 26 and Ernest Dean Parkway, authorize the City's participation in an amount of $25,000.00 for the construction of the traffic signal system, authorize staff to proceed with the installation of the traffic signal system, and take any necessary action. FUNDING SOURCE: Funds are currently available in 2000A Economic Development Funds, account number 178-78105-012. BACKGROUND: The Regency Center commercial site in the southwest quadrant of the intersection of SH 26 and SH 114 continues to develop with the addition of the Academy Sports facility planned to open in December, 2001. The development has increased the traffic generation from this site to the intersection of Ernest Dean Parkway and SH 26 to a level at which a traffic signal is warranted. That signal has been authorized by TxDOT and has been permitted for construction. Staff is proposing to be a participant in this project for the following reasons: • Ernest Dean Parkway has been constructed as a City street intersecting with SH 26, • There are pending large-scale development plans on the north side of SH 26 which will access SH 26 through this signalized intersection. City participation in this signal project is warranted to accommodate a future connection from the property to the north of the railroad tracks, as well as the prospect of a signalized railroad crossing and signal pre -exemption for safety at the intersection. Staff has proposed City participation in an amount of $25,000.00 for the traffic signal project estimated to cost $113,000.00. Staff recommends approval. August 2, 2001 (11:43AM) °' STATE OF TEXAS § COUNTY OF TARRANT § DEVELOPER'S CONTRACT CITY OF GRAPEVINE § WHEREAS, Ainbinder/Shannon Grapevine LP, 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 described in Exhibit "A", which is attached hereto and incorporated herein for all purposes; and WHEREAS, Development of Subject Property generates a volume of traffic which necessitates the construction of traffic signal improvements ("the Project") at the intersection of Ernest Dean Parkway and SH 26 to provide principal access to subject property; and WHEREAS, the City's approved Thoroughfare Plan identifies SH 26 as a six (6) lane divided roadway from the Colieyville City Limits to the intersection with SH 114; and WHEREAS, the City, pursuant to its ordinances, acknowledges a degree of responsibility to participate in the construction of the Project to accommodate the traffic volumes projected in the Thoroughfare Plan for this corridor; and WHEREAS, the construction of the Project shall be undertaken by the "Developer' and the "City" with the City providing $ 25,000 in funding 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 $ 113,000; and WHEREAS, the Developer and City agree that the scope of the Project shall consist of the installation of traffic signalization, including poles, mast arms, controller & cabinet, wiring, conduit, pull boxes, detector loops, pavement markings, signage and 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 shall be fixed at $ 25,000; and O:\contract\ainbinder sh26 contract WHEREAS, State law provides the opportunity for cities to participate with private development in the construction of public improvements if the city funded elements of the improvements do not exceed 30% of the total public improvements cost; and WHEREAS, the Developer agrees that its participation in the cost of the Project shall be the balance of the Total Cost of the Project cost less the City's fixed participation of $ 25,000; 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 WHEREAS, the City agrees to provide its share of the funding to Developer upon the City's -acceptance of the Project; 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 0:\contract\ainbinder—sh26—contract 2 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 a traffic signalization project as herein described to provide adequate traffic capacity to serve the proposed development 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. The City shall make payment to the Developer upon completion of the Project and acceptance by the State. 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 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 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 O:\contract\ainbinder sh26 contract 3 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 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. 0:\contract\ainbinder—sh26—contract 4 "al 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 Contract shall not be assignable without the express written consent of City and Developer. Executed this Day of , 2001. DEVELOPER: (Typed Name of Developer) City Attorney 0:\contract\ainbinder sh26 contract CITY OF GRAPEVINE, TEXAS 5 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. Mom 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. 2001. Given under my hand and seal of office this day of Notary Public Signature Notary Public Printed or Typed Name My commission expires: 0:\contract\ainbinder_sh26_contract 0