HomeMy WebLinkAboutItem 08 - Wall Street ImprovementsM
MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER 6 �
MEETING DATE:
SUBJECT
RECOMMENDATION:
DECEMBER 19, 2006
COST PARTICIPATION CONTRACT — WALL STREET
IMPROVEMENTS
City Council consider approving a Cost Participation Contract with Grapevine Station, LLC
and Triple "T" Farms, Ltd. for the joint public/private partnership in the construction of Wall
Street Improvements and a 16" waterline at an estimated cost to the City of $368,614.00,
authorize the City Manager to execute said contract, and take any necessary action.
FUNDING:
Funding Source
Account
Amount
Award
Percent
Wall St Per St Fee
178-21513-000
$97,609.00
$97,609.00
10.29%
Utility Bonds 95
200-48930-534-1-
$66,169.00
$66,169.00
6.98%
000020WA
Utility Bonds 96
200-48930-534-2-
$204,836.00
'$204,836-00
21.59%
000007WA
Private Developer
N/A
$580,021.00
61.14%
TOTAL
$948,635.00
$368,614.00
100.00%
Budget
Amount
Award
Percent
Engineering
$22,500.00
$22,500.00
2.37%
Construction
$829,682.00
$304,827.00
87.46%
Contingency
$96,453.00
$41,287.00
10.17%
TOTAL
$948,635.00
$368,614.00
100.00%
0:\agenda\2006\12-19-06\Wall Street Dev Contract Memo
BACKGROUND INFORMATION:
The development of Grapevine Station and Grapevine Crossing, located respectively on
the south and north side of Wall Street at the Texan Trail intersection, necessitates the
widening of Wall Street adjacent to their frontage, a length of approximately 635 linear feet.
Since the roadway is on the City's Thoroughfare Plan, the City is obligated to participate
in the roadway widening costs in an amount equal to 1/3 of the total project cost, excluding
engineering.
The City's 1/3 cost for the roadway widening is estimated to be $97,609.00.
The developer's cost for roadway widening is estimated to be $195,217.00.
In addition, the City currently has a 50 year old 16" waterline adjacent to the existing
pavement of Wall Street. The widening of Wall Street will result in the old water line being
located beneath the new pavement.
In light of the age of the pipe, this is not a desirable situation. The City will fund the
engineering and construction of a new 16" waterline to replace the segment of the old 16"
pipe along Wall Street and crossing Texan Trail.
The cost for the 16" waterline replacement is estimated to be $271,005.00.
The developer's cost for water and wastewater improvements is $384,804.00.
The City's total estimated cost is $368,614.00 and the Developers total estimated cost is
$580,021.00.
The total project will be undertaken by the developer and his contractor and inspected by
the City. Payment of the City's share of the total project cost will be made at the
completion and acceptance of the project.
Staff recommends approval.
JSL
0:\agenda\2006\12-19-06\Wall Street Dev Contract Memo
STATE OF TEXAS §
COUNTY OF TARRANT § COST PARTICIPATION CONTRACT
CITY OF GRAPEVINE §
WHEREAS, Grapevine Station, LLC, a Texas Limited Liability Corporation and
Triple "T" Farms, Ltd., a Texas Limited Partnership, hereinafter referred to as "Owners,"
are the owner of tracts of land in the City of Grapevine, Tarrant County, Texas, a Texas
home -rule City, hereinafter referred to as "City", which tracts of land ("Subject Property")
are more specifically described as Lot 1, Block 1, Grapevine Corners Addition and Lot 1,
Block 4, Grapevine Station Addition, City of Grapevine, Tarrant County, Texas,
incorporated herein for all purposes; and
WHEREAS, Development of Subject Property generates a volume of traffic which
necessitates the construction of street improvements ("the Project") on Wall Street
extending from the Texan Trail intersection west for a distance of approximately 635 feet
to provide principal access to subject property; and
WHEREAS, the City's approved Thoroughfare Plan identifies Wall Street as a two
(2) lane collector roadway from Main Street to Texan Trail; 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 Grapevine
Station, LLC, (hereinafter referred to as the "Owner"), in order to market the property as
long-term investment property, and the "City" with the City providing $ 368,614.00 in
funding from utility bonds and periphery street fees received for Wall Street and the
"Owner" 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
"Owner" at their sole cost; and
WHEREAS, for the purposes of this Cost Participation Contract, the City and the
"Owner' 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 $ 948,635.00; and
WHEREAS, the "Owner' and City agree that the scope of the Project shall consist
of the installation of street improvements, including pavement, curb and gutter,
underground storm drainage, curb inlets, approximately 1,222 LF of 16" water line, water
line adjustments and wastewater line adjustments as needed as well as other
appurtenances incidental to the pursuit of said construction, and
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WHEREAS, the "Owner" and City agree that the City's participation in the funding
of the Project is estimated to be $ 368,614.00 and is comprised of 1/3 of the roadway
improvements cost and the entire cost of design and construction for the 16" water line;
and
WHEREAS, State law provides the opportunity for cities to participate with private
development in the construction of public improvements; and
WHEREAS, the "Owner" agrees that the participation in the cost of the Project is
estimated to be $ 580,021.00 representing the balance of the estimated Total Cost of the
Project; and
WHEREAS, the "Owner" agrees that the contracting for the construction of said
Project shall be by the "Owner"; 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
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, the "Owner" 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 "Owner" agrees that said insurance shall name the City of
Grapevine and the State of Texas as additional insured; and
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WHEREAS, the City agrees to provide its share of the funding to "Owner, upon the
City's acceptance of the Project; and
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 roadway and waterline
improvements 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 "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 roadway improvements 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 Project.
Section 5. That the "Owner' and City agree to construct the Project and to
share in the Total Cost of the Project, as established in this Cost Participation Contract.
The City shall make payment to the "Owners" upon completion of the Project and
acceptance by the State.
Section 6. 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
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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. 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 Aqainst 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.
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
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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 Day of , 2006.
OWNER: CITY OF GRAPEVINE, TEXAS
Grapevine Station, LLC
By:
Gary H. Hazlewood
STATE OF
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Bruno Rumbelow, City Manager
APPROVED:
City Attorney
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 2006.
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 , 2006.
Notary Public Signature
Notary Public Printed or Typed Name
My commission expires:
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