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HomeMy WebLinkAboutItem 14 - Heritage Avenue Phase II ImprovementsMEMO TO FROM: MEETING DATE: SUBJECT RECOMMENDATION: ITEM _ c HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ROGER NELSON, CITY MANAGER , DECEMBER 5, 2000 CITY / DEVELOPER CONTRACT FOR THE HERITAGE AVENUE PHASE II IMPROVEMENTS City Council consider approving a Developer Contract with Grapevine Monticello, LTD. for the construction of Phase II Heritage Avenue signal improvements, authorizing City participation in the cost of the roadway project in an estimated amount of $ 42,887.00, authorizing staff to execute said Developer Contract, and take any necessary action. FUNDING SOURCE: Funds are available in the following accounts: Funding Source Account Amount Participation Percent 95 GO Bonds 178-78359-008 $101,571.00 $42,887.00 38.5% 96 GO Bonds 178-78360-009 $ 4,191.00 1.6% Dev Deposit 178-21559 $158.199.00 59.9% TOTAL $263,961.00 $42,887.00 100.0% Budget. Amount Participation Percent Engineering $ 12,603.00 4.8% Testing $ 5,000.00 1,9% Construction PH 1 $ 128,658.00 48,7% Construction PH II $ 93,700.00 $38,988.00 35.5% Contingency PH I & PH II $ 24.000 00 $-3.899.00 9.1% TOTAL $ 263,961.00 $42,887.00 100.00% 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. September 29, 1998 4:08 PM 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 and II of the Heritage Avenue improvements across this tract. A map detailing the location of these improvements is attached. The property owners on the west side of Heritage Avenue have previously provided funds to the City for this project. This cost share arrangement is consistent with the City's current ordinance, 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 December 5, 2000 Council meeting. Staff recommends approval. JLH/sad o:tagenda\05.02-OOther tageDA_PHI I.agen September 29, 1998 4:08 PM 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 more specifically described as Lot 11, Block 1, DFW Business Park Addition; and WHEREAS, impending development of the Subject Property and potential development of the tract to the west will generate a volume of traffic which necessitates the construction of the Heritage Avenue Phase 11 Signal Improvements at SH 26 ( the Project ); 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 in an amount not to exceed $ 55,000.00 for its share in the construction cost, right-of-way dedication, and easement dedication in Phase I and 11 total; and WHEREAS, for the purposes of this Developer Contract, the City and the Developers estimate that the construction cost of the Project will be $ 103,070; 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 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 $42,887 including the cost for change orders, material testing, and ten percent (10%) contingencies, and the Developers agree that the private development share of said cost shall be $ 60,183, of which Developers' share shall be $ 54,191; 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 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 2 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 2. 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 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 3. 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 1 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, 3 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 4. 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 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 5. Approval of Plans 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 n 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 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. M City Attorney 0Acontract\hedtageda_PH2.d0C _V CITY OF GRAPEVINE, TEXAS Roger Nelson, City Manager c- tD C L Q) Ln E U � p N N V