HomeMy WebLinkAboutItem 05 - Stone Myers/ Prospect ParkwayMEMO TO:
FROM:
MEETING DATE:
SUBJECT:
RECOMMENDATION:
ITEM 0 °5 ---
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
ROGER NELSON, CITY MANAGER
MARCH 6, 2001
CITY / DEVELOPERS' CONTRACT FOR STONE MYERS
PARKWAY AND PROSPECT PARKWAY
City Council consider approving a Developers' Contract with the Herman Smith Company,
the Estate of A. C. Stone, and the 157 Joint Venture for:
the construction of Stone Myers Parkway from its current north terminus north to
a point just north of the intersection with Prospect Parkway; and
the construction of Prospect Parkway from its intersection with Stone Myers
Parkway west to SH 121;
authorizing City participation in the cost of the roadway project in an estimated amount of
$ 185,721.14, authorizing staff to execute said Developers' Contract, and take any
necessary action.
FUNDING SOURCE:
Funding is currently available in the Economic Development Funds, which is part of the
2000A General Obligation Bonds sale (account number 178-78103-012).
Fundin
City $ 185,721.14 33%
Developer $ 371.442.28 67°
Total $ 557,163.42 100%
Bu et
Construction $ 506,512.20 90%
Contingency $ 50.651.22 10%
Total $ 557,163.42 100%
February 28, 2001 (3:47PM)
The three participants' own undeveloped property bordered by the planned extension of
Stone Myers Parkway and/or Prospect Parkway as reflected in the City's Thoroughfare
Plan. They are preparing to develop their tracts in accordance with their approved
development plans.
One requirement of the proposed development and future developments is that the
abutting developer fund 1/3 of the cost to construct the subject roadways for their
respective frontages on each roadway. This cost share is consistent with the City's current
ordinances which calls for the City to fund 1/3 of the cost of Thoroughfares.
This project was publicly bid and the award of the construction contract by the City is
scheduled for the March 6, 2001 Council meeting.
Staff recommends approval.
JLH/JSL/dsm
oAagenda\03-06-01 \D eveloper_Contract_
February 22, 2001 (2:36PM)
STATE OF TEXAS §
COUNTY OF TARRANT § DEVELOPERS' CONTRACT
CITY OF GRAPEVINE §
WHEREAS, Herman Smith and Co., LTD, a company authorized to do business
in the State of Texas, the Estate of A. C. Stone, and Highway # 157 Joint Venture, a
General Partnership authorized to do business in the state of Texas, hereinafter referred
to as "Developers", are the owners 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 Properties") are bordered by Prospect Parkway and Stone Myers Parkway;
and
WHEREAS, Development of Subject Properties generate a volume of traffic which
necessitates the improvements to Prospect Parkway from its intersection with Stone
Myers Parkway west to the SH 121 Service Road and Stone Myers Parkway from its
current north terminus to its intersection with Prospect Parkway, the "Project", to provide
principal access; and
WHEREAS, the City's approved Thoroughfare Plan identifies Prospect Parkway
and Stone Myers Parkway as four (4) lane collector roadways; and
WHEREAS, the construction of the Project shall be undertaken by the
"Developers"' and the "City" under the standard (1/3) one third — City / (2/3) two thirds -
Developers cost share as a requirement of the construction of the proposed Project.
Said cost share is more specifically described in Exhibit "A", which is attached hereto
and incorporated herein for all purposes; 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 Project improvements shall be undertaken by the
City; and
WHEREAS, for the purposes of this Developers' Contract, the City and the
Developers agree that the "Total Cost" shall be defined as the final construction cost of
the Project including: Construction, Material Testing, Irrigation, Landscaping, Street
Lighting, Utility Relocation and ten percent (10%) contingencies; and
WHEREAS, the Developers and City agree that the scope of the Project shall
consist of the construction and reconstruction of the roadway segments to a four lane
concrete pavement section with curb and gutter, underground drainage, utility
adjustments, street lighting, traffic signalization, landscaping, irrigation and other
appurtenances incidental to the pursuit of said construction; and
0Astan\deve1pmnt\smith_stone_1 57—dev—contract
WHEREAS, the Developers agree that their respective shares of the Total Project
cost shall be determined by Goodwin Marshall, Engineers as shown in Exhibit A and are
estimated to be:
Herman Smith Company $ 90,671.65
Estate of A. C. Stone $ 218,337.50
157 Joint Venture $ 62,433.13,; and
WHEREAS, the Developers agree that any future adjustments to their respective
shares shall be determined by Goodwin Marshall, Engineers; and
WHEREAS, the Developers agree that the contracting for the construction of the
Project shall be by the City of Grapevine in compliance with State of Texas competitive
bidding procedures required of Cities throughout the State; and
WHEREAS, the Developers and City agree the contract for the construction of the
Project shall be exclusively between the City and the contractor and that the Developers
shall have no contractual relationship with the contractor within the scope of the City's
contract for the construction of this project, and
WHEREAS, the Developers agree that opening of the sealed bids for the
construction of this project shall be the responsibility of and conducted by City Officials;
and
WHEREAS, the Developers and City agree 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 said roadway; 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 said roadway, and
shall extend for a period of two years from the date of acceptance of said roadway
improvements by the City
The construction contractor shall be required to maintain a general liability
insurance policy with appropriate limits, and to show the City and each of the Developers
as an additional named insured on its general liability policy; and
O:\stan\develp mnt\sm ith_stone_157_dev_contra ct
FA
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, the Developers agree to deposit with the City by certified check their
share of the Total Cost, in the amount of the estimates set forth above, upon the
execution of this Developers' Contract by the Developers, and prior to the City entering
into the construction contract for the Project; and
WHEREAS, if the final construction cost for the Project exceeds the projected
construction cost, the Developers agree to increase their initial participation by the
amount determined by Goodwin Marshall Engineers to be their share of the amount by
which the construction cost exceeds the projected cost with such share of the increased
cost being calculated in the manner illustrated in Exhibit A.
The Developers agree to deposit with the City their 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
Projected Total Cost, City agrees to refund to the Developers their share of the balance of
the surplus, determined by Goodwin Marshall Engineers, 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 Developers' 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,
correct and agreed to, and are incorporated into the body of this Developers' Contract as
if copied verbatim in their entirety.
Section 2. That the City hereby agrees to construct a roadway facility as herein
described to provide adequate traffic capacity to serve the proposed development of
Subject Properties. The roadway facility shall comply with City ordinances.
Section 3. 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.
0Astan\deveIpmnt\smith—stone-1 57—dev—contract
3
Section 4. 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 5. That the Developers and City agree to construct the Project and to
share in the Total Cost of the Project, as established in this Developers' Contract. The
Developers shall deposit with the City by certified check their share of the Total Cost of
the Project, established in this Developers' Contract, upon the execution of this
Developers' Contract by the Developers, and prior to the City entering into the
construction contract for the Project.
Section 6. Approval of Plans The Developers 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 7. Indemnity Provisions. Each 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 such
Developer, its officers, agents, consultants, employees, invitees, or other person,
arising out of or in connection with this Contract, or on or about the property, and each
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, each 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 Contract or any and all activity or use pursuant to the
Contract, to the extent attributable to the acts or omissions of such Developer, or on or
about the property owned by such Developer. This indemnity shall apply whether the
O:\sta n\develpmnt\smith_stone_157_dev_contract
4
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 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 respective 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 Developers under this Contract shall not
constitute or be deemed to be a release of the responsibility and liability of the
Developers, 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 Developers shall 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 Developers shall defend at their 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 9. No further certificates of occupancy shall be issued for Subject
Properties until the Developer who owns Subject Property for which the certificate of
occupancy has been requested has provided its share of the funds for the Project.
Section 10. Upon completion of the construction of the Project, the Project and
all appurtenances thereto shall become the property of the City.
Section 11. This Contract shall not be assignable without the express written
consent of City and Developers.
0:\stan\deveJpmnt\smith—stone-1 57—dev—contract
k,
Section 12. Recognizing that Highway # 157 Joint Venture (the "JV") is a
general partnership, the parties hereto agree that any claims against the JV under this
contract will be limited to the assets of the JV, and the general partners of the JV shall
not have any personal liability for the obligations of the JV.
Executed this
Herman Smith Co. LTD
Highway #157 Joint Venture
City Attorney
STATE OF
COUNTY OF
Day of , 2001.
Estate of A. C. Stone
CITY OF GRAPEVINE, TEXAS
Roger Nelson, City Manager
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:
9
O:\stan\devel pmnt\smith_stone_157_d ev_contract
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
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.
t
Given under my hand and seal of office this day of
Notary Public Signature
Notary Public Printed or Typed Name
My commission expires:
7
o:\stan\deveIpm n t\s m ith_stone_157_dev_contract
STATE 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:
8
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