HomeMy WebLinkAboutItem 06 - Heritage Avenue Paving ExtensionIre it L
MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROGER NELSON, CITY MANAGER/
MEETING DATE: MAY 2, 2000
SUBJECT: CITY / DEVELOPER CONTRACT WITH LIMITED PARTNERSHIP
FOR THE HERITAGE AVENUE PAVING EXTENSION
RECOMMENDATION:
City Council consider approving a Developer Contract with Grapevine Monticello, LTD. for:
the construction of Phase I Heritage Avenue approximately 300' south of Ira E.
Woods Avenue (SH 26) to DFW Property Boundary;
authorizing City participation in the cost of the roadway project in an estimated amount of
$ 49,008, authorizing staff to execute said Developer Contract, and take any necessary
action.
FUNDING SOURCE:
Funds are currently available as follows:
PROJECT BUDGET:
Construction
Testing
Contingency
TOTAL
PROJECT FUNDING:
FY '95 G.O. BONDS
Developer Participation
TOTAL
$ 128,658.00
87.5%
5,000.00
3.4%
13,366.00
9.1%
$ 147,024.00 100.0%
$ 49,008.00 33.0%
98,016.00 67.0%
$ 147,024.00 100.0%
Acct. #
178-78359-008
September 29, 1998 11:54 AM
BACKGROUND INFORMATION:
GRAPEVINE MONTICELLO, LTD., the developer of DFW Business Park, owns several
undeveloped lots east of the project along the south side of Ira E. Woods Avenue. They
are preparing to develop the tract in accordance with their approved development plans.
One requirement of the proposed development is that the developer dedicate the
necessary right-of-way, pay all the engineering costs to prepare plans for the construction,
and fund 1/3 of the cost to construct Phase I Heritage Avenue across this tract. The
property owner on the west side of Heritage Avenue has previously agreed to fund its 1/3
share of the construction cost and has already provided those funds to the City for this
project. This cost share arrangement is consistent with the City's current ordinances which
also calls for the City to fund 1/3 of the cost of Thoroughfares adjacent to commercial
property.
This project has been publicly bid and the award of the construction is scheduled for the
April 18, 2000 Council meeting.
Staff recommends approval.
SAD/JSUdsm
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September 29, 1998 11:54 AM
STATE OF TEXAS §
COUNTY OF TARRANT § DEVELOPER'S CONTRACT
CITY OF GRAPEVINE §
WHEREAS, GRAPEVINE MONTICELLO, LTD, a partnership authorized to do
business in the State of Texas, hereinafter referred to as "Developers", are 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", said tract of land ("Subject Property") is described in
Exhibit "A", which exhibit is attached hereto and incorporated herein for all purposes; and
WHEREAS, impending development of the Subject Property and potential
development of the tract west will generates a volume of traffic which necessitates the
construction of Phase I Heritage Avenue from Ira E. Woods to DFW Airport property ( the
Project ); and
WHEREAS, the City's approved Thoroughfare Plan identifies Heritage Avenue as a
4 lane Major Arterial roadway from Ira E. Woods to Hall Johnson Road; and
WHEREAS, the design of the Project improvements shall be undertaken by the
Developers at their sole cost as a requirement of the design and construction of the
proposed development of the Subject Property; and
WHEREAS, Developers acknowledge the need for medians in the pavement
section of the Project to control traffic access throughout the corridor; 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 City and Developers acknowledge that the adjacent land owner to
the west of the proposed roadway project will participate by providing funds for its 1/3
share in the construction cost, right-of-way dedication, and easement dedication; and
WHEREAS, for the purposes of this Developer Contract, the City and the
Developers estimate that the construction cost of the Project will be $ 147,024; and
WHEREAS, for the purposes of this Developer Contract, the City and the
Developers agree that the "Total Cost" shall be defined as the final construction cost of the
Project plus the cost for median irrigation, change orders, material testing, and ten percent
(10%) contingencies; and
WHEREAS, the City agrees that its share of the Total Cost of the Project shall be
$49,008 including the cost for median irrigation, change orders, material testing, and ten
percent (10%) contingencies, and the Developers agree that the private development
share of said cost shall be $ 98,016, of which Developers' share shall be $ 49,008; and
WHEREAS, the Developers agree that the City and Developers shall approve the
plans and specifications prior to the construction of the Project; and
WHEREAS, the Developers agree that the contracting for the construction of said
Project shall be performed by the City of Grapevine in compliance with State of Texas
competitive bidding procedures required of Cities throughout the State; and
WHEREAS, the Developers agree that opening of the sealed bids and the
awarding of the contract for the construction of this Project shall be the responsibility of
and conducted by City Officials and shall be open to the Public and the Developers; and
WHEREAS, the Developers agree that the construction contractor shall be required
to provide performance, payment and maintenance bonds. Said performance, payment,
and maintenance bonds shall be issued by a surety company acceptable to the City and
authorized to act as a surety in the State of Texas and shall be issued in the name of the
City of Grapevine. The performance and payment bonds shall be issued in the full amount
of the cost to construct said Project and the maintenance bond shall be issued in the
amount of twenty-five percent (25%) of the construction cost of the Project and shall
remain in effect for a period of two years after final acceptance of the Project by the City;
and
WHEREAS, the Developers agree to deposit with the City by certified check their
proportionate share of the Total Cost, established in this Developer Contract, upon the
execution of this Developer Contract by the Developers, and prior to the City entering into
the construction contract for the Project; and
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WHEREAS, the City shall have the right, at its sole discretion, to approve and
execute any and all reasonable and necessary Change Orders to the construction contract
that it deems appropriate and necessary for the completion of the Project; and
WHEREAS, if the construction cost bid for the Project exceeds the estimated
construction cost, the Developers agree to increase their initial participation by their
proportionate share of the amount the construction cost bid exceeds the estimated cost by
depositing with the City their proportionate share of the increased cost within ten (10) days
of receipt of a detailed invoice from the City; and
WHEREAS, if the actual Total Cost for the Project at completion is less than the
estimated Total Cost, City agrees to refund the Developers their proportionate share of the
balance of the surplus to the Developers with accrued interest based upon the City's
average rate of return for investments within thirty (30) days of a final determination of the
Total Cost and final acceptance of the Project by the City; and
NOW, THEREFORE, the parties to this Contract, the City and the Developers, 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 2a. The Developers hereby agree, at their 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.
b. The Developers hereby agree, at their 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 3. The Developers and the City agree to construct the Project and to
share in the Total Cost of the Project, as established in this Developer Contract. The
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Developers shall deposit with the City by certified check their proportionate share of the
Total Cost of the Project, established in this Developer Contract, upon the execution of this
Developer Contract by the Developers, and prior to the City entering into the construction
contract for the Project.
Section 4. 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
Agreement, 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 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 Agreement or any and all activity or use
pursuant to the Agreement, or on or bout 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 Agreement 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 5. 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 Agreement 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
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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 6. No further certificates of occupancy shall be issued for Subject
Property until the Developers have provided their share of the funds for the Project.
Section 7. Upon completion of the construction of the Project, the Project and all
appurtenances thereto shall become the property of the City.
Section 8. This Contract shall not be assignable without the express written
consent of City and Developers.
DEVELOPER:
ME
APPROVED:
City Attorney
0lcontract\hedtage.doc
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CITY OF GRAPEVINE, TEXAS
Roger Nelson, City Manager
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