HomeMy WebLinkAboutItem 03 - Heritage Cove ITEM #3
MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGEqk-
MEETING DATE: MARCH 5, 2013
SUBJECT: DEVELOPER CONTRACT HERITAGE COVE ADDITION
WATERLINE IMPROVEMENTS
RECOMMENDATION:
City Council consider approving a Developer Cost Participation Contract with Heritage
Cove, LLC fart construction of an 8" waterline along Roberts Road, at a cost to the
City of $47,760, approve a contingency fund of $5,000, authorize the City Manager to
execute the necessary documents, and take any necessary action.
FUNDING:
The project budget will be appropriated from the unappropriated Utility Fund balance to
Account #200-48930-534-8-000033-WA.
BACKGROUND:
Heritage Cove, LLC is preparing to develop Heritage Cove Addition, a 23 lot residential
development along Roberts Road.
The existing 6" waterline along Roberts Road was constructed over 40 years ago when
this area was in the it of Colleyville ETJ in Tarrant County. This line has been a high
maintenance area for our operation crews over the past years.
This development provides the City an opportunity to coordinate improvement to our
facilities with the localized development's plans and construct a portion of the overall 8"
waterline with the City providing the funding fort waterline is is adjacent to the
development.
The Contract is based upon our standard agreement utilized for funding participation
agreements with developers within the City.
Staff recommends approval.
ITEM #3
STATE OF TEXAS §
COUNTY OF TARRANT § COST PARTICIPATION CONTRACT
CITY OF GRAPEVINE §
WHEREAS, HERITAGE COVE, L.L.C, a Texas Limited Liability Company,
hereinafter referred to as "Owner," is the owner of land in the City of Grapevine, Tarrant
County, Texas, a Texas home-rule City, hereinafter referred to as "City", which land
("Subject Property') is more specifically described as Heritage Cove Addition, City of
Grapevine, Tarrant County, Texas, incorporated herein for all purposes; and
WHEREAS, Development of Subject Property provides the opportunity to
incorporate the construction of a portion of an 8" waterline (the "Waterline") along Roberts
Road adjacent to this Development is replaces a 40 year of 6" water infrastructure
pipe; and
WHEREAS, the City, pursuant to its policies, acknowledges an obligation to fund
the costs of the Waterline adjacent t o t he limits of the Subject Property; and
WHEREAS, the City and Owner agree that the Waterline shall be derived from
unit prices received by Owner and are upon by the City; and
WHEREAS, City agrees to provide the necessary funding for the construction of
approximately 750 LF of the Waterline and necessary appurtenances, outside of the
limits of the Subject Property with an estimated cost of$47,600; and
WHEREAS, Owner agrees to provide the design, and material testing costs for
the approximately 750 LF of Waterline, constructed outside of the limits of the Subject
Property; and;
WHEREAS, the "Owner and City agree that the City's participation in the funding
of the Project is estimated to be $47,600- and
WHEREAS, the City agrees to provide its share of the funding to "Owner" in
monthly installments based upon work completed and approved contract line its prices
less a 5% retainage which shall be paid to Owner on completion of the construction
and acceptance by the City-, and
WHEREAS, the "Owner" and City agree the contract for the construction of the
Project shall be exclusively between the "Owner" and the contractor and that the City shall
have no contractual relationship with the contractor within the scope of the "Owner"
contract fort e construction of this Project, and
WHEREAS, the "Owner" 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
0:1AGENDA\2013103-05-13\Heritage Cove contract Water 2-21-13.doc
ITEM #3
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 on shall be issued by a an approved surety company holding
a permit from the State of Texas to act as surety (and acceptable according tot latest
list of companies holding certificates of authority from the Secretary oft 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 oft Project, and shall
extend fora period of two years from the date of acceptance of the Project by the City;
and
WHEREAS, the "Owner" agrees that the contractors all provide insurance for the
Project as stipulated by the City in amounts meeting the City's minimums for Public
Construction Projects; and
WHEREAS, the "Owner" agrees that said insurance shall name the City of
Grapevine as additional insured-, and
WHEREAS, State law provides the opportunity for cities to participate with private
development in the construction of public improvements.
NOW, THEREFORE, the parties to this Contract, the City and the "Owner', do
enter into this Cost Participation 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 Cost Participation Contract as if
copied verbatim in their entirety.
Section 2. That the "Owner" hereby agrees to construct waterline
improvements as herein described to provide adequate water system capacity to serve
the proposed development of Subject Property. The constructions all comply with City
ordinances and State of Texas requirements.
Section 3. The "Owner' 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 Waterline within the limits of the Subject Property prior to construction.
Section 4. The "Owner" 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 Waterline.
Section 5. That the "Owner" and City agree to construct and to share in the
Total Cost of the Waterline, and the City shall make monthly payments tot Owner as
0:\AGENDA\2013\03-05-13\Heritage Cove contract Water 2-21-13.doc
ITEM
stipulated in this contract.
Section . That the Owner and City agree that completion of the public
infrastructure cess for Substantial Completion of the Subject Property infrastructure
is tied to the completion of the Waterline construction tote Subject Property is in
place and sufficient to provide adequate fire protection.
Section . That the Owner agrees to dedicate the necessary utility easements
for the terlin construction.
Section . Indemnity Provisions. The " ner" sh ll waive all claims, full
release, indemnify, defend 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 ll expenses of
litigation and 1 or settlement which may arise by injury to property or person occasioned
by error, omission, intentional or negligent act of"Owner", its officers, agents,
consultants and employees risin out of or in connection with this Contract, or on or
about the ro e y, and "Owner" will, at its own cost and expense, defend and protect
e City and all of its officials, o c rs, agents, consultants and employees in both their
public and private capacities, from any and all such claims and demands. Also, "Owner'
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 n against any and all claims, losses, damages, causes of cion, suit and
liability of v kind, including aII expenses of litigation, court costs and attorneys' fees
for injury to or death of ny person or for any damage to any property arising out of or in
connection with the construction under this Contract on ornear the u ec property.
This indemnity shall apply whether the claims, suits, losses, damages, causes of ctio
or liability arise in whole or in part from the intentional acts or negligence of"Owners" or
any of their officers, officials, ents, consultants and employees, whether said
negligence is contractual, comparative negligence, concurrent negligence, ross
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, n cts 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 se q. of the Texas Civil Practice
and Remedies Code or other applicable statutory or common law.
Section n e ni y A ins inst Design Defects. Approval of the City
Engineer or other City employee, o ici I, consultant, employee, or officer of any plans,
designs orspecifications su i y the "Owner" under this Contract shall not
constitute or be deemed to be a release of the responsibility n liability of the "Owner",
their engineer, cotr ctors, employees, officers, or agents for the accuracy an
competency of their design and specifications. uch 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 pre r y the consulting engineer, his officers, a e s,
servants, or employees, it ein the intent of the parties that approval by the City
Engineer or other City employee, official, consultant, or officer si nies the City's
approval of only the general design concept of the improvements to be constructed. In
o:IAG NDA1 2093\03-05-13\Heritage Cove contract Water 2-21-13.doc
ITEM #3
this connection, the "Owners" shall, for a period of one (1) year following the City's
acceptance oft Project, indemnify and of 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
is 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 "Owners" 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 "Owner' and City are 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 o r s pecifications 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 o r s pecifications, 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.
Section1l. on completion oft e 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 12. 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 "Owner' to City, "Owner" do not assume any liability
for damages above and beyond what is recoverable against the City itself based on
immunity or damage limits applicable t o t he City.
Section 13. This Contract shall not be assignable without the express written
consent of it and "Owners."
0:AGENDA\2013\03-05-13\Heritage Cove contract Water 2-21-13.doc
ITEM #3
Executed this Day of 2013.
OWNER: CITY OF GRAPEVINE, TEXAS
HERITAGE COVE, L.L.C,
a Texas Limited Liability Company
BY:
Mark Howe Bruno Rumbelow, City Manager
Member
APPROVED:
City Attorney
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 2013.
Notary Public Signature
Notary Public Printed or Typed Name
My commission expires:
0:1AGENDA\2013103-05-13\Heritage Cove contract Water 2-21-13.doc
ITEM #3
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 12013.
Notary Public Signature
Notary Public Printed or Typed Name
My commission expires.-
0AAGENDAQ01 3\03-05-13tHeritage Cove contract Water 2-21-13.doc