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HomeMy WebLinkAboutItem 24 - Developers Agreement for East Wall StreetMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER MEETING DATE: FEBRUARY 20, 2024 SUBJECT: DEVELOPERS AGREEMENT WITH SUNBELT RENTALS, INC. AND APPROPRIATE FUNDING RECOMMENDATION: City Council to consider approving a Developers Agreement with Sunbelt Rentals, Inc. for the reconstruction of East Wall Street from Texan Trail to the west boundary line of Dallas/Fort Worth International Airport and an ordinance appropriating the funds. FUNDING SOURCE: Upon approval of the above recommendation, funds will be available in the Economic Development Fund in the estimated amount of $1,250,321. BACKGROUND: Sunbelt Rental is developing the land at the southeast corner of Texan Trail and East Wall Street. East Wall Street, adjacent to the development, is a local roadway in poor condition. By City policy, the developer will pay for half the cost to construct a 40' wide industrial collector. The City is responsible for the other half of the costs as detailed in the attached Developer's Agreement. The project will consist of a 41' curb and gutter street, associated storm drainage improvements, and a 10' hike and bike trail. The roadway is consistent with DFWIA Master Thoroughfare Plan and the trail is being incorporated in the proposed Cotton Belt Trail Regional Trail Plan. The developer will construct the improvements and has agreed to fund the design for all the improvements at its sole cost. The City has agreed to fund the construction inspection, material testing, and removal of the existing pavement. Total construction costs are estimated at $2,296,400 including testing and inspection. It is anticipated that the cost to the City will be $1,190,782 with an additional 5% of $59,539 for field changes for a total of $1,250,321. The developer's cost is anticipated to be $1,105,618. Final costs will be determined after construction is complete. Tarrant County will be providing up to $400,000 toward the construction of this road in a separate item on the agenda. Staff recommends approval STATE OF TEXAS § COUNTY OF TARRANT § DEVELOPER'S AGREEMENT CITY OF GRAPEVINE § WHEREAS, Sunbelt Rentals, Inc. (the "Developer') is the owner of approximately 22.33 acres of land out of the Esther Moore Survey, Abstract 1029 in the City of Grapevine, Tarrant County, Texas, a Texas home -rule City, hereinafter referred to as "City", which land ("Property") is more specifically platted as Lot 2A, Block 2, Airport Crossing JV Wells, City of Grapevine, Tarrant County, Texas, as more particularly shown in the attached Exhibit "A" incorporated herein for all purposes; and WHEREAS, the Developer intends to develop the Property located at 1035 Texan Trail known as Sunbelt Rentals. The lot is to be constructed in general conformance with the zoning change, conditional use permit and planned development overlay approved by Grapevine City Council on March 21, 2023; and WHEREAS, the site plan necessitates the reconstruction of East Wall Street as a two lane forty -foot undivided roadway, the installation of a 10' hike and bike trail, extension of box culverts (the "culvert") and the installation of associated headwalls as shown on Exhibit B (all collectively referred to as the "Project"); and 1 0 2 LUTE 0.1irm- M� MA* 10-1118TON-1•AIM0477-MVIARM-11 WHEREAS, it is advantageous to the City to utilize the Developer's contractor for the Project; and WHEREAS, the Developer is willing to provide these improvements through its contract or contracts contingent upon the City committing to fund its portion of the costs of said improvements as provided for herein; and NOW, THEREFORE, the parties to this Developer's Agreement (the "Agreement"), the City and Developer, enter into this Developer Agreement, 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 and correct and are incorporated into the body of this Developer Agreement as if copied verbatim in their entirety. Section 2. The Developer hereby agrees, at its sole cost, to employ McAdam: -- Engineering ("McAdams") as its civil engineer to prepare and seal the construction plans for the Project, including engineering drawings, studies, contract specifications, estimates, and other documents, surveying, platting, and right-of-way support. McAdams will also provide Construction Phase Engineering Services during the construction of th4 Project at Developers sole cost. McAdams will be responsible for sending plan sets to utility providers for the relocation of utility lines and poles within the scope the roadway project. McAdams will be responsible for submitting plans for the improvement of East Wall Street and Texan Trail improvements to TxDOT for review and approval. Section 3. Developer shall award construction contract(s) for the Project in accordance with the following: additional insured on all liability insurance required by said documents and same will be evidenced on the ACORD Certificate of Insurance supplied by the contractor's insurance provider and bound in the construction contract book. h. Developer shall require its contractor to give 48 hours' notice to the City's Public Works Department of intent to commence construction so that City inspection personnel will be available; and to require the contractor to allow the construction to be subject to inspection at any and all times by City inspection forces, and not to install or relocate any sanitary sewer, storm drain, or water pipe unless a responsible City inspector is present and gives his consent to proceed, and to make such laboratory test of materials being used as may be required by the City. L Developer shall require its contractor to have fully executed contract documents submitted to the City to schedule a Pre -construction Meeting. The submittal should occur no less than 10 working days prior to the desired date of the meeting. No construction will commence without a City -issued Notice to Proceed to the Developer's contractor. j. Developer shall delay connections of buildings to service lines of sewer and water mains constructed under this Agreement until said sewer and water mains and service lines have been completed to the satisfaction of the City's Utility Department. k. Developer will submit, upon completion of the Project, an Affidavit of Bills paid signed by its contractor and Consent of Surety signed by its surety to ensure the contractor has paid the sub -contractor and suppliers in full. Additionally, the contractor will provide, in a written affidavit, acknowledgement that the contractor has been paid in full for all the services, labor and materials provided under this Agreement. Section 4. Unless otherwise approved by Developer and City, Developer agrees to the following: a. The Developer will provide funds to facilitate the reconstruction of E Wall Street located adjacent to the Property as a two lane 40 foot wide undivided roadway, curb and gutter, storm drain improvements and roadway stabilization. b. The Developer will install a 10 hike and bike trail along the southern edge of the roadway. C. The Developer will install 6'xT box culvert and associated headwalls to convey flows from the development to the North side of East Wall Street. d. The Developer will improve the East Wall Street and Texan Trail intersection per the plans approved by TxDOT, 3 PP AB 10181729v4 A. Upon Developer's substantial compliance with Sections 3 and 4 above, the City will reimburse the Developer for its share of half of the cost of thI roadway, the cost of reconstruction and widening of East Wall Street as a 40' wide undivided roadway, and for the other costs as set forth on Exhibit C attached hereto. Such reimbursement payment shall be made to the Developer within fifteen (15) days of delivery by the Developer to the City of a final statement of the costs incurred by the Developer. B. City shall pay for the cost for demolition and removal of the existing roadway pavement or self -perform the work at the City's sole discretion. C. City shall reimburse for additional sidewalk width beyond 5-feet for the hike Pid *e trail. City shall also reimburse half of the cost of the culvert extension a associated headwalls for East Wall construction. E. City shall reimburse half of the costs of the intersection improvements alj East Wall Street and Texan Trail. F. City agrees to waive the 5% inspection fee for the roadway, hike and bike trail, culvert and intersection fees. G. City agrees to promptly review and process all applications needed for construction of the Project. City also agrees to cooperate in good faith with Developer with respect to this Agreement and the construction of the Project, and any time the consent or approval of City is required under this Agreement, such consent and approval shall not be unreasonably withheld, conditioned, or delayed. Section 6. Indemnitv Provisions. The Developer shall waive all fu' ededend and os�icer rlease, inmnify, •efhold aan hrmless the City d ooa all •f its •fficil , agents, consultants and employees in both their public and private capacities, from a and all liability, claims, suits, demands or causes of action, including all expenses litigation and / or settlement which may arise by injury to property or person occasion by the error, omission, or intentional or negligent act of Developer, its officers, agent consultants and employees arising out of or in connection with this Agreement, or on about the Property, and Developer will, at its own cost and expense, defend and prote the City and all of its officials, officers, agents, consultants and employees in both th public and private capacities, from any and all such claims and demands. This indemni shall apply whether the claims, suits, losses, damages, causes of action or liability ari in whole or in part from the intentional acts or negligence of Developer or any of th officers, officials, agents, consultants and employees, whether said negligence contractual, comparative negligence, concurrent negligence, gross negligence or a other form of negligence. The City shall be responsible only for the City's prima negligence. The provisions above in this Section 6 shall apply only to errors, omission and acts occurring during the construction of the Project and not afterwards. Provide however, that nothing contained in this Developer's Agreement shall waive the City 4 PP AB 10181729v4 ORDINANCE NO. 2024-015 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING THE APPROPRIATION OF $1,250,321 IN THE ECONOMIC DEVELOPMENT FUND; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Grapevine desires to enter into a Developers Agreement with Sunbelt Rentals, Inc for the reconstruction of East Wall Street; and WHEREAS, funding is available in the Economic Development Fund; and WHEREAS, all constitutional and statutory prerequisites for the approval of this ordinance have been met, including but not limited to the Open Meetings Act and Chapter 211 of the Local Government Code; and WHEREAS, the City Council deems the adoption of this ordinance to be in the best interests of the health, safety, and welfare of the public. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. That the City Council hereby authorizes an estimated amount of $1,250,321 be appropriated from the Economic Development Fund to enter into a Developers Agreement with Sunbelt Rentals, Inc for the reconstruction of East Wall Street. Section 3. That a copy of the revised FY 2023-2024 annual budget document shall be kept on file in the office of the City Secretary. 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 of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 20th day of February, 2024 APPROVED: _________________________________ William D. Tate Mayor ATTEST: _________________________________ Tara Brooks City Secretary APPROVED AS TO FORM: _________________________________ Matthew C.G. Boyle City Attorney Ordinance No. 2024-015 2