HomeMy WebLinkAboutItem 24 - Developers Agreement for East Wall Street MEMO 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 or Survey, Abstract 1029 in the City of
Grapevine, Tarrant County, Texas, a Texas home-rule City, hereinafter referred to as
"City", is 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 1 O' 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
WHEREAS, the City is willing to are in the costs for the reconstruction of East
Wall Street and certain other costs oft Project all as shown in Exhibit C; and
WHEREAS, it is advantageous tote 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 oft 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 true
and correct and are incorporated into the body of this Developer Agreement as if copied
verbatim in it entirety.
Section 2. The Developer hereby agrees, at its sole cost, toemploy McAdams
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 oft
Project at Developers sole cost. McAdams will be responsible for sending plan sets to
utility providers fort relocation of utility lines and poles within the scope the roadway
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project. McAdams will be responsible for submitting plans for the improvement of the
East all 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:
a. Developer all employ a construction contractor who is approved
by the City's Director of Public Works. Said contractor shall meet the
City's requirements for being insured, licensed and bonded to do
work in public streets and/or pre qualified to perform
water/wastewater construction as the case may be.
b. Developer agrees to utilize contracts for construction oft Project
that incorporate and comply with the City's standard specifications
and contract documents for developer-awarded infrastructure
construction contracts, with any modifications of such specifications
and documents subject to the written approval oft City.
C. Developer agrees to provide or dedicate, at its expense, all
necessary rights of way and easements across property owned by
Developer or its affiliates as required forte construction ofthe
Project. Developer retains rights under Texas Local Gov't Code Sec.
395.023.
d. Developer shall prepare and submit a Cost Summary tote City in
advance of awarding the contract(s) fort Project, substantially in
the for attached hereto as Exhibit C. Upon approval by the City,
said Cost Summary shall become Exhibit C tothis Agreement and
shaII be incorporated herein by reference. No amendment to Exhibit
C that would affect the City's participation obligations as provided for
in Section 5 without the advanced written approval of the City.
e. Developer agrees to cause the construction of the Project
contemplated by this Agreement and that said construction shall be
completed in a good and workmanlike manner and in accordance
with all City standards and the City-approved construction plans,
specifications and cost estimates provided forte Project and the
exhibits attached hereto.
f. Developer shall require its contractor to furnish tot City a payment
bond and a performance bond in the names oft City and the
Developer for one hundred percent (100%) oft contract price of
the Project, and a maintenance and in the name of the City for
twenty-five percent (25%) of the contract price oft infrastructure
for a period of two (2) years insuring the maintenance and repair of
the constructed infrastructure during the term oft maintenance
bond. All bonds to be furnished before work is commenced and to
meet the requirements of Chapter 2253, Texas Government Code.
9. Developer shall require the contractor(s) it hires to perform the
construction work contemplated herein to provide insurance equal to
or in excess of the amounts required by the City's standard
specifications and contract documents for developer-awarded
infrastructure construction contracts. The City shall be named as
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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 tot
City's Public or 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 tot 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 oft Cit 's Utility Department.
k. Developer will submit, upon completion oft 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 tot 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 all
Street.
d. The Developer will improve the East all Street and Texan Trail
intersection per the plans approved by TOOT.
Section 5. The it agrees to the following:
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A. Upon Developer's substantial compliance with Sections 3 and 4 above, the
City will reimburse the Developer for its share of half oft cost of the
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 tot
Developer within fifteen (15) days of delivery by the Developer to the it
of a final statement oft costs incurred by the Developer.
B. City all 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 fort hike
and bike trail.
D. City shall also reimburse half of the cost of the culvert extension and
associated headwalls for East Wall construction.
E. City shall reimburse half oft costs of the intersection improvements at
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 it is required under this
Agreement, such consent and approval shall not be unreasonably withheld,
conditioned, or delayed.
Section 6. Indemnity Provisions. The Developer shall waive all claims, fully
release, indemnify, defend and of harmless the City and all of its officials, officers,
agents, consultants and employees in of 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 the error, omission, or intentional or negligent act of Developer, its officers, agents,
consultants and employees 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 and employees in both their
public and private capacities, from any and all such claims and demands. This indemnity
shall apply whether the claims, suits, losses, damages, causes of action or liability arise
in of or in part from the intentional acts or negligence of Developer or any of their
officers, officials, agents, consultants and employees, whether said negligence is
contractual, comparative negligence, concurrent negligence, gross negligence or any
other for of negligence. The it shall be responsible only fort 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 Developer's Agreement shall waive the City's
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defenses or immunities under Section 101.001 at seg. of the Texas Civil Practice and
Remedies Code or other applicable statutory or common law.
Section 7. ERge!1ge?a§s@ A ain esJg�ef�ectq. Approval of the it Engineer or
other it employee, official, consultant, employee, or officer of any plans, designs or
specifications submitted by the Developer under this Developers Agreement shall not
constitute or be deemed to be a release of the responsibility and liability of the Developer,
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
Developer 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 engineers 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 oremployees, 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 with any
such defect, deficiency or negligence.
Section 8. ApprpyqLq lens The Developer 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. No Waiver of Irrifflynity Notwithstanding anything in this
Agreement, nothing herein waives any right of immunity available to the City under
applicable law. With respect to any indemnity provided for herein from Developer to City,
Developer does 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.
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ion % This AgreementII not be assignablewithout
express ri consent of City and Developer.
PPAB 10181729v4
Executed is 26th Day o n y 2024.
DEVELOPER: CITY OF GRAPEVINE, TEXAS
Sunbelt Rentals, Inc.
By:___
Jason Tie y: Bruno Rumbelow
Director, Construction City Manager
APPROVED:
:
City Attorney
CORPORATE ACKNOWLEDGMENT
STATE OF GEORGIA
COUNTY OF„CHEROKEE
Before , the undersigned, on this day personally appeared Jason Tiernan,
Director..Construction of Sunbelt Rentals, Inc., proved to me to be the personhose
name is subscribed to the foregoing instrument c o l a that /
executed the same for the purposes and consideration therei expressed. MMr./Ms.
furthermore attested that he/she is signing this Pqyql is r in his/her
capacity s Director Construction of Sunbelt1 , Inc., and that such capacity
makes his signature valid to bind the company, Sunbelt Rentals, Inc.
Given under my hand and seal of office this a
Notary lic Signature
Notarylic Printed or Typed Name
My commission expires:
PPAB 1018172v4
PPAB 10181729A
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Exhibit C
Construction Item 1 l sC st l r Cyst ity Cost
40'undivided roadway 1,630,204.52 40,395.2 789, 09.26
6`X7' Box Culvert 95,775M
10'Hike&Bike Trail 14681 1e40 $ 73,095.70 73,09530
E Wall Street&Texan Trail Signal
Improvements 98 16.25
$ 44,90 .13 44,903.1
Demolition of existing Wall Street 32, 1.11
32,g61.11
Construction Total $ 2,090,623.28 $ 1,054, 74M ,0 6, . 0
5i m Testing Fees(not including Demo) 102,888A1 51,44 a05 51,444.0
5%Inspection Fee(not including
I�em�} $ 102,888.11
102,g33.11
'Total ,2 , 9 a 0 ,1 , 1 4 1,190,
1.
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