HomeMy WebLinkAboutItem 15 - Northwest Area Utility Developer ContractMEMO TO
FROM:
MEETING DATE
SUBJECT
RECOMMENDATION:
ITEM r - /r,',,.,,,
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
ROGER NELSON, CITY MANAGER "' 4%%v'� T` o
NOVEMBER 21, 2000
NORTHWEST AREA UTILITY DEVELOPER CONTRACT
City Council consider approving a Developer Contract with four property owners in the
Northwest Area of Grapevine for the construction of a water and wastewater system to
serve the area, including Meadowmere Park, authorize the City Manager to execute said
contract, and take any necessary action.
FUNDING SOURCE:
Funds are available as follows:
Funding Source Account Amount Percent
Private Development $ 768,279.00 66.9%
97 Util Bond Interest 200-48930-534-3-000001 $ 318,313.00 27.6%
Water Impact Fees 200-48930-534-6-000003 $ 63,436.00 5.5%
TOTAL
$1,150,028.00
Budget
Amount
Percent
Design
$ 100,366.00
8.7%
GeoTech
$ 6,000.00
.5%
EA
$ 40,000.00
3.5%
Construction
$ 872,750.00
75.9%
Contingency
$ 130,912.00
11.4%
TOTAL
BACKGROUND:
$1,150,028.00
The City Staff have developed a proposed water and wastewater plan to serve the
Northwest area of the City. This system will serve the two planned residential
developments, the Ranch of Lonesome Dove, and the proposed golf course, as well as
future development plans for Meadowmere Park.
November 14, 2000 (5:14PM)
Staff is actively pursuing the design and construction of this project to make sure that the
impending development of Cannon Homestead can be served by the time homes are
completed. The Four Peaks development will likely follow closely on the heels of the
Cannon Homestead development. These two developments cannot be completed until
adequate water and wastewater facilities are available to serve them.
The system includes:
• a wastewater lift station located near FoAre Lane,
• a force main extending from the new lift station to the existing lift station at Kimball
Road and Meadowmere Park Road # 4, and
• a 12" and 8" water line to complete the water loop of the 8" line constructed in the
mid 90's with CDBG funds.
The cost distribution has been based upon projected water usage and wastewater
generation from each of the four prospective developments and from the City's future
development of Meadowmere Park. The project will be designed and constructed as a
City project.
A small portion of the planned cost of the proposed water system is included in the City's
current 10 year Capital Improvements Plan and Water Impact Fee. The Water Impact
Fees reflect an amount of $ 63,436.00 applicable to the current 10 year plan. These
Water Impact Fees will be utilized in the funding of the construction of this project.
Staff recommends approval.
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November 14, 2000 (2:49PM)
STATE OF TEXAS §
COUNTY OF TARRANT § DEVELOPER'S CONTRACT
CITY OF GRAPEVINE §
WHEREAS, Maykus Custom Homes, Four Peaks Development, Incorporated, Phil
Parker, and The Ranch of Lonesome Dove, Incorporated, hereinafter referred to as
"Developers", are the owners of a 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 located in an area of Grapevine bordered by Kimball Road,
Lonesome Dove Road, Foxfire Road, and Meadowmere Park, reflected in Exhibit A,
which is attached hereto and incorporated herein for all purposes; and
WHEREAS, Development of Subject Property generates a need for water and
wastewater facilities to serve the respective developments; and
WHEREAS, the design and construction of water and wastewater facilities
collectively, the "Project", shall be undertaken by the City; 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 including: Design, Construction, Material Testing, Street Repair, and ten
percent (10%) contingencies; and
WHEREAS, the Developers and City agree that the scope of the Project shall
consist of the construction of 12 ands 8 waterlines, a wastewater lift station, a 6"
wastewater force main and other appurtenances incidental to the pursuit of said
construction. The limits of the work are reflected in Exhibit B, and
WHEREAS, the Developers agree that their participation in the cost of the Project,
shall be in accordance with the participation outlined in Exhibit C; and
WHEREAS, the Developers agree that the contracting for the construction of said
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 Developer
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
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WHEREAS, the Developers 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; and
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
respective 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 design and construction contracts for the Project; and
WHEREAS, if the final construction cost for the Project exceeds the projected
construction cost, the Developers agree to increase its initial participation by their
proportionate share of the amount the construction cost exceeds the projected cost by
depositing with the City its 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
Projected 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:
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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's Contract as if copied
verbatim in their entirety.
Section 2. That the City hereby agrees to construct water and wastewater
facilities as herein described to provide adequate water and wastewater capacity to serve
the proposed development of Subject Property. The water and wastewater facilities shall
comply with City ordinances.
Section 3. That the Developers and City agree to construct the Project and the
Total Cost of the Project shall be distributed in accordance with Exhibit B, as established
in this Developer Contract. The 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 design and construction contracts for the Project.
Section 4. Indemnity Provisions. The Developers 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
Developers, their officers, agents, consultants, employees, invitees, or other person,
arising out of or in connection with this Contract, or on or about the property, and
Developers will, at their 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, Developers agree
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 all activity or use pursuant to the Contract, or on or
about 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 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.
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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 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 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. No further certificates of occupancy shall be issued for Subject
Property until the Developer has provided its share of the funds for the Project.
Section 8. Upon completion of the construction of the Project, the Project and
all appurtenances thereto shall become the property of the City.
Section 9. This Contract shall not be assignable without the express written
consent of City and Developers.
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Executed this
DEVELOPERS:
Day of , 2000.
(Typed Name of Developer) Date
(Typed Name of Developer) Date
(Typed Name of Developer) Date
(Typed Name of Developer) Date
APPROVED:
City Attorney
CITY OF GRAPEVINE, TEXAS
Roger Nelson, City Manager
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t'
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.
Given under my hand and seal of office this day of ,
Notary Public Signature
Notary Public Printed or Typed Name
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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
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.
2000.
Given under my hand and seal of office this day of
Notary Public Signature
Notary Public Printed or Typed Name
7
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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.
2000.
Given under my hand and seal of office this day of
Notary Public Signature
l Notary Public Printed or Typed Name
My commission expires:
8
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EXHIBIT C
NW AREA UTILITY COST
PARTICIPATION
PARTICIPANT TOTAL
MAYKUS CUSTOM HOMES
FOUR PEAKS DEVELOPMENT, INC.
PHIL PARKER
WILLIE INFELDT
CITY
IMPACT FEES
TOTAL
$183,743
$484,793
$18,106
$81,637
$318,313
$63,436
$1,150,028
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