HomeMy WebLinkAboutItem 25 - Glade Hill WaterlineI•T: 9Tr• •7i
MEETING DATE:
SUBJECT:
RECOMMENDATION:
City Council consider:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
BRUNO RUMBELOW, CITY MANAGER
NOVEMBER 18, 2014
DEVELOPER CONTRACT GLADE HILL ADDITION
WATERLINE IMPROVEMENTS
• approving a Developer Cost Participation Contract with Contrast Glade Hill
Development, Inc. for the construction of a 12" waterline along Hill Meadow Road,
at a cost to the City of $27,018.02;
• adopting an ordinance appropriating funds from 2011 Water Impact Fees;
• authorize the City Manager to execute the necessary documents;
and take any necessary action.
The project participation will be funded from 2011 Water Impact Fees.
BACKGROUND:
Contrast Glade Hill Development, Inc. has developed Glade Hill Addition, a 54 lot
residential subdivision at the northwest corner of Glade Road and SH 360.
The City Water Masterplan reflects a 12" waterline to be constructed along the east
boundary of Glade Hill Addition. This development provided the City an opportunity to
coordinate our Masterplan facilities with the local development's plans and construct the
portion of the overall 12" waterline bordering the proposed development. The City will
provide the funding for the upsizing of the segment from the cost of an 8" waterline to a
12" waterline.
The cost for the 12" waterline and 8" waterline based upon bids taken by the developer
were $66,967.98 and $39,949.96 respectively with the incremental increase to be
funded by the City being $27,018.02.
The Contract is based upon our standard agreement utilized for funding participation
agreements with developers within the City.
Staff recommends approval.
STATE OF TEXAS §
COUNTY OF TARRANT § COST PARTICIPATION CONTRACT
CITY OF GRAPEVINE §
WHEREAS, CONTRAST GLADE HILL DEVELOPMENT, INC., 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 GLADE HILL, 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 12" waterline (the "Waterline"), identified in the City of
Grapevine's Water Master Plan, into the development construction along Hill Meadow
Road (see Exhibit "A"); and
WHEREAS, the City, pursuant to its policies, acknowledges an obligation to fund
the costs of upsizing the Waterline within the normal limits of the subject property
compared to the cost of constructing an 8" waterline normally installed in single family
residential development; and
WHEREAS, the City and Owner agree that the upsizing costs for the Waterline
shall be derived from unit prices based upon actual construction costs as shown in the
developer's construction contract (see Exhibit "B") received by the Owner and agreed
upon by the City for a 12" waterline compared to the unit prices received for an 8"
Waterline; and
WHEREAS, the cost of the 1,418 LF 12" water line, valves and tee based upon
bid prices is $66,967.98, and the cost of the 1,418 LF 8" water line, valves and tee
based on bid prices is $39,949.96 (See Exhibit "B")
WHEREAS, City agrees to provide the necessary funding for the upsizing cost of
$ 27,018.02 for the construction of approximately 1,418 LF of Waterline and necessary
appurtenances for a twelve inch (12") line compared to the cost of an 8" line.
WHEREAS, the "Owner" and City agree that the City's participation in the funding
of the Project is estimated to be $27,018.02; and
WHEREAS, the City agrees to provide its share of the funding to "Owner" after final
acceptance of the development 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 for the construction of this Project, and
O:\AGENDA\2014\11-18-14\Glade Hill Developers Agreement Cost Share Water.docx
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
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, 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 construction shall 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 that the City shall make payment to the Owner as stipulated in
this contract.
Section 6. That the "Owner" agrees to dedicate the necessary utility easements
for the waterline constructed.
0:\AGENDA\2014\11-18-14\Glade Hill Developers Agreement Cost Share Water.docx
Section 7. Indemnity Provisions. The "Owner" 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 "Owner", its officers, agents,
consultants and employees arising out of or in connection with this Contract, or on or
about the property, and "Owner" 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, "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 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 "Owners" or
any of their officers, officials, agents, consultants and 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. 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 8. 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 "Owner" under this Contract shall not
constitute or be deemed to be a release of the responsibility and liability of the "Owner",
their 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 "Owners" 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 "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.
O:\AGENDA\2014\11-18-14\Glade Hill Developers Agreement Cost Share Water.docx
Section 8. Approval of Plans The "Owner" 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. 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 "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 to the City.
Section 11. This Contract shall not be assignable without the express written
consent of City and "Owners."
Executed this
CONTRAST GLADE HILL
DEVELOPMENT, INC.
By:
Terry W. Mitchell, Director
Day of , 2014.
Bruno Rumbelow, City Manager
City Attorney
0:WGENDA\2014\11-18-14\Glade Hill Developers Agreement Cost Share Water.docx
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 2014.
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 2014.
Notary Public Signature
Notary Public Printed or Typed Name
My commission expires:
O:\AGENDA\2014\11-18-14\Glade Hill Developers Agreement Cost Share Water.docx
Exhibit A
I
N ... E
0 150 300'
FU URE 12" WATERLINE
(BY 011iERS) GRAPHIC SCALE 150
1418 LF OF 12" WATERLINE
GLADE ROAD
f 12" WATERLINE
/--- FUTURE 12" WATERLINE
t / (BY OTHERS)
/I
t�
�3
F
P
9 \
- EXISTING 12" WATERLINE
GLADE }SILL REIMBURSABLE WATERLINE �
0:\AGENDA\2014\11-18-14\Glade Hill Developers Agreement Cost Share Water.docx
Exhibit B
GLADE HILL WATERLINE REIMBURSEMENT
SCHEDULE
CITY OF GRAPEVINE, TEXAS
COST OF 12 INCH WATERLINE AS INSTALLED:
Item Description Unit Quantity Unit Price Total Cost
12" Waterline incl, fittings, etc LF 1418 $30.11 $42,695.98
12" Gate Valve and Box EA 8 $2,234.00 $17,872.00
Cut in 12" Tee and Valve EA 1 $6,400.00 $6,400.00
Sub Total 12 Inch Installed $66,967.98
COST IF 8 INCH WAS INSTALLED INSTEAD:
Item Description Unit Quantity
8" Waterline incl. fittings, etc LF 1418
8" Gate Valve and Box EA 8
Cut in 8" Tee and Valve EA 1
Unit Price Total Cost
$17.61
$24,970.98
$1,203.00
$9,624.00
$5,354.98
$5,354.98
Sub Total if 8 Inch was
Installed
DIFFERENCE BETWEEN 12 INCH COST AND 8 INCH COST AND
AMOUNT OF REQUESTED REIMBURSEMENT
O:\AGENDA\2014\11-18-14\Glade Hill Developers Agreement Cost Share Water.docx
FMWE��
Uzfiar
ORDINANCE NO.
"J C,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, REVISING THE ADOPTED CAPITAL
IMPROVEMENTS BUDGET FOR THE FISCAL YEAR
ENDING IN 2015, PROVIDING FOR THE TRANSFER OF
THE FUNDS; DECLARING AN EMERGENCY AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council of the City of Grapevine desires to improve water and
wastewater systems throughout the City; and
WHEREAS, the City has a long history of financial participation with developers to
upsize water and wastewater lines to meet City Master Plans; and
WHEREAS, funding for water line upsizing is not currently included in the FY 2014 -
2015 Capital Improvements Plan Budget.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section 1. That all matters stated in the preamble of this ordinance are true and
correct and are hereby incorporated into the body of this ordinance as if copied in their
entirety.
Section 2. That the City Council hereby authorizes an amount of $ 27,018.02 be
appropriated from the 2011 Water Impact Fees to the FY 2014-2015 Capital Improvements
Plan budget for water line upsizing.
Section 3. That a copy of the revised FY 2014-2015 Capital Improvements Plan
budget document shall be kept on file in the office of the City Secretary and on the City of
Grapevine website.
Section 4. That the terms and provisions of this ordinance shall be deemed to be
severable, and that if the validity of any section, subsection, word, sentence or phrase shall
be held to be invalid, it shall not affect the remaining part of this ordinance.
Section 5. That the fact that the present ordinances and regulations of the City of
Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace
and general welfare of the inhabitants of the City of Grapevine, Texas, creates an
emergency for the immediate preservation of the public business, property, health, safety,
and general welfare which requires that this ordinance shall take effect immediately from
and after its passage and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 18th day of November, 2014.
ATTEST:
ORD. NO. 2