HomeMy WebLinkAboutItem 10 - Minters Chapel Road Construction ProjectMEMO TO:
FROM:
MEETING DATE:
SUBJECT:
RECOMMENDATION:
ITEM 0
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
ROGER NELSON, CITY MANAGER L
Y
FEBRUARY 19, 2002
MINTERS CHAPEL ROAD CONSTRUCTION PROJECT AWARD
OF CONTRACT
City Council consider awarding the Minters Chapel Road Construction Project to Mike
Albert Incorporated in the amount of $ 4,117,082.35, authorize Staff to execute said
contract, and take any necessary action.
FUNDING SOURCE:
Funds are available as follows:
Funding Source Account
Amount
Percent
Private Development
$ 2,654,653
52.7%
99 G. O. Bond 178-78102-010
$ 2.385.908
47.3%
TOTAL
$ 5,040,561
100.0%
Budget
Amount
Percent
Design
$ 419,685
8.3%
GeoTech
$ 70,000
1.4%
Construction
$ 4,117,083
82.3%
Contingency
$ 403.793
8.0%
TOTAL
BACKGROUND:
$ 5,040,561 100.0%
The limits of the project are Dallas Road on the north and SH 2114 / 121 on the south.
The improvements include:
• a new 12" water line
• a new wastewater force main extending from the Minter's Chapel Road Lift Station
near Cottonwood Branch,
February 13, 2002 (11:08AM)
• a new wastewater gravity line
• a large multi-chamber box culvert extending from SH 114 / 121 to the Cottonwood
Branch crossing. This system collects flows from south of SH 114 / 121 and
conveys these flows to Cottonwood Branch downstream of the crossing at Minters;
Chapel Road
• a large multi-chamber box culvert crossing for Cottonwood Branch flowing from west
to east
• a new four -lane concrete pavement section
Bids were opened on November 2, 2001 with nine firms submitting bids. The low bidder
on the project was Mike Albert Incorporated with a bid of $ 4,117,082.35.
The list of bidders is as follows:
Mike Albert Inc.
Wright Construction Co.
AUI Contractors
Rebcon
Texas Sterling Constrcution
Orval Hall Excavation
Tiseo Paving
J. L. Steel L.P.
Oscar Renda Contractors
4,117,082.35
4,327,049.34
5,332,332.32
5,384,657.35
5,566,980.50
5,610,436.20
5,678,873.75
6,073,198.15
6,082,272.00
Our consultant has reviewed the references of Mike Albert Incorporated and has
received positive recommendations from each of them.
Staff recommends approval.
III a
0:\agenda\02-19-02\MC Road Construction Award
February 13, 2002 (11:08AM)
STATE OF TEXAS §
a,
COUNTY OF TARRANT § OWNER'S CONTRACT
CITY OF GRAPEVINE
WHEREAS, Airport Office Two Joint Venture, a joint venture authorized to do business
in the State of Texas, hereinafter referred to as "Owner", and is 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", which tract of land ("Subject Property") is located on the east side of Minters Chapel
Road and contains 1,063 ± feet of frontage on Minters Chapel Road, and described in the
attached Exhibit "A" which is incorporated herein by reference, and
WHEREAS, Future Development in the area of the Subject Property will generate a
volume of traffic which the City of Grapevine has stated necessitates the improvements to
Minters Chapel Road from Dallas Road to SH 114 / 121 Service Road to provide principal
access; and
WHEREAS, the City's approved Thoroughfare Plan identifies Minters Chapel Road as a
four lane Type E Collector roadway From Dallas Road to the intersection tivith SH 114 / 121
Service Road; and
WHEREAS, the Owner and Cityree that the scope of the
� p Minters Chapel Road
Reconstruction Project (hereinafter the "Project") shall consist of the construction of the roadway
from an existing two lane asphalt pavement section to a four lane concrete pavement section with
curb and gutter, underground drainage, a major storm drainage trunk line, water and wastewater
line construction and adjustments, street lighting, landscaping, irrigation and other appurtenances
incidental to the pursuit of said construction. The Iimits of the work shall extend from the
intersection of Dallas Road at the north end to the intersection with the SH 114 / 121 Service
Road at the south end, including the necessary pavement as described in plans prepared by
Nathan D. Maier Consulting Engineers; and
WHEFXAAS, the construction of the Project, shall be undertaken by each adjoiriiug
property owner and the "City" at a (2/3 two thirds)/(1 /3 one third) cost share as a requirement of
the construction of the Project; and
WHEREAS, the City, pursuant to its ordinances, acknowledges a degree of responsibility for
the construction of the Project to accommodate the traffic volumes projected in the Thoroughfare Plan
for this corridor; and
WHEREAS, the construction of the Minters Chapel Road roadway improvements shall be
undertaken by the City; and
WHEREAS, for the purposes of this Owner Contract, the City and the Owner agree that the
"Total Cost" shall be defined as the final construction cost of the Project including: Design,
Construction, Street Lighting, Irrigation, Landscaping, Material Testing, and ten percent (10%)
contingencies; and
WHEREAS, the Owner and City agree that the estimated Total Cost of the Project is $
4,961,409.45; and
W EREAS, the Owner agrees that its participation in the cost of the Project is estimated to
be $ 605,044; and
WHEPEAS, the Owner agrees 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 Owner and City agree the contract for the construction of the Project shall
be exclusively between the City and the contractor and that the Owner skull have no contractual
relationship with the contractor within the scope of the City's contract for the construction of this
project, and
W]HREAS, the Owner agrees that opening of the sealed bids for the construction of this
project shall be the responsibility of and conducted by City Officials; and
WHERE, AS, the Owner agrees 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 Project by the City; and
V*UEP:EAS, 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
WIEEREAS, the Owner agrees to execute a voluntary lien in favor of the City in the amount
of its proportionate share of the Total Cost, established in this Owner's Contract, upon the execution
10167801;1 -2-
of this Owner's Contract by the Owner, and prior to the City entering into the construction contract
for the Project; and
VtWREAS, if the final construction cost for the Project exceeds the projected construction
cost, the Owner agrees to the increase of the voluntary lien by its proportionate share of the amount
the construction cost exceeds the projected cost; and
WHEREAS, if the actual Total Cost for the Project at completion is less than the Projected
Total Cost, City agrees to reduce the voluntary lien on Owner's property by the Owner's
proportionate share of the balance of the surplus; and
NOW, THEREFORE, the parties to this Contract, the City and the Owner, do enter into this
Owner's 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:
Seefion 1. That all matters stated in the preamble above are found to be true and correct
and are incorporated into the body of this Owner's Contract as if copied verbatim in their entirety.
Section 2. That tlae City hereby agrees to construct the Project to provide adequate traffic
„i capacity to serve the proposed development of Subject Properly. The Project shall comply with City
ordinances.
Section 3. That the Owner and City agree to share in the Total Cost of the Project, as
established in this Owner's Contract. The Owner shall execute a voluntary lien in favor of the City in
the amount of its proportionate share of the Total Cost, established in this Owner's Contract, upon the
execution of this Owner's Contract by the Owner, and prior to the City entering into the construction
contract for the Project
Section 4. That the Owner and City agree that the Owner's share of the cost, secured by
the voluntary lien, shall become due and payable upon the sale, conveyance, transfer, exchange, or
any other change in ownership of the Property, whether it be in whole or in part, or if an application
for a Building Permit or any other development permit for any portion of the Property is granted.
Section S. That the Owner and City agree that if the Owner has not paid the outstanding
balance of his respective cost of the project by the time the construction contract for the Project is
awarded by the City, interest will accrue on the outstanding balance beginning on the date of award
at an annual rate of 7 % percent until final payment is received by the City from the Owner.
Section 6, No certificates of occupancy shall be issued for SubjectProperty until
the Owner has provided its share of the funds for the Project.
G. 10187801:1 -3-
N
Section 7. Upon completion of the construction of the Project, the Project and
all appurtenances thereto, except land which is deeded to the City by way of easement, shall become
the property of the City.
. Section S. This Contract shall not be assigned without the express written consent of City
and Owner.
Executed this 14111 Day of February, 2002.
Airport Office Two Joint V
U -N
%E Partner
APPROVED: CM OF GRAPEWNE, TEXAS
City Attorney
-4-
101 R7801:1
Roger Nelson, City Manager
STATE OF NEW YORK.
COUNTY OF NEW YORK
Before me, a notary public, on this day personally appeared Anthony J. Gostkowski„ known to me to be
the person whose name is subscribed to the foregoing document and ackaiowledged to me that he
executed the salve for the purposes and consideration therein expressed, and that he is an agent or officer
of EH Explorations, Inc., authorized to execute the .foregoing instrument on its behalf.
Given under my hand and seal of office this 141 day of February, 2002.
f
Notary Pi%lic Printed or Typed Name
My commission expires:
101M01:1
-5-
�01 E.N-OL;;�Ay
MARY F. OGOR7.At.Y
Notary Public, State of New York
No- 01 OG5083071
Certified in New York County
Commission Expires Aug -41 ;-00
STATE OF
PUTZI-SWI
Before me, a notary public, on this day personally appeared
knownto 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.
(riven under my band and seal of office this day of , 2002.
Notary Public Signature
Notary Public Printed or Typed Name
My commission expires:
10187901.1-6-
LIEN CONTRACT
�i .tfUl1/
DEED OF TRUST
THE STATE OF TEXAS)
COUNTY OF TARRANT)
THIS LIEN CONTRACT AND DEED OF TRUST (the "CONTRACT") is made and entered
into by and between the Airport Office Two Joint Venture hereinafter called the "Owner", and the
City of Grapevine, Texas, hereinafter called the City, all of Tarrant County, Texas.
WITNESSETH: That Owner, hereby agrees to execute this document in accordance with
the terms of an Owner's Contract executed between the parties of even date herewith
(hereinafter the "Owner's Contract') and in consideration of the City's agreement to pay the
sum of $605,044.00 for construction and development costs for the benefit of certain
property situated adjacent to Minters Chapel Road, a portion of which is owned by Owner
and described in the attached Exhibit "A"
The CITY, pursuant to agreement with Owner, has agreed to advance and pay the above -
stated consideration, in accordance with the terms and conditions contained herein and in the above -
referenced Owner's Contract which is incorporated herein by reference. Owner has executed and
delivered to the CTTY the Owner's Contract for the total sum of $605,044.00 (the "CONTRACT
AMOUNT"), as described in the Owner's Contract wherein Owner obligates itself to repay the entire
Contract Amount, plus interest. As provided for in the Owner's Contract, in the event the final
construction cost for the Project reasonably exceeds the projected construction cost, the Owner
agrees that the CONTRACT AMOUNT shall be increased by its proportionate share of the
construction costs. Owner agrees to execute any document necessary to secure any reasonable
increase in the CONTRACT AMOUNT.
To ensure the security and repayment of such CONTRACT AMOUNT, a Subordinate Lien
Contract and Deed of Trust is hereby created and granted by Owner to and for the benefit of CITY,
the holders ofthe CONTRACT AMOUNT evidenced by such Owner's Contract, upon the Property,
and all improvements, additions, fixtures and appurtenances now thereon or hereafter to be placed
thereon.
To secure and enforce the payment of the CONTRACT AMOUNT and liens hereinabove
created, Owner has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT,
SELL and CONVEY Lento the CITY's Director of Public Works, as Trustee, the City of Grapevine,
Tarrant County, Texas, and his/her substitutes or successors in this trust, all of the Property and all
improvements, additions, fixtures and appurtenances now tbereon or hereafter to be placed thereon,
10187817:1
TO IIAVE .AND TO HOLD the aforesaid Property and premises aforesaid, and every part thereof,
unto said Trustee or his/her successors, against every person whomsoever lawfully claiming or may
claim the same or any part thereof, in trust, however, UPON THE FOLLOWING TRUSTS, TERMS
AND CONDITIONS, TO -WIT:
Should the CONTRACT AMOUNT hereby secured be paid in full by Owner, then this
conveyance shall become null and void and of no further force and effect, and the liens hereby
created shall be released by the legal owner and holder thereof.
The CONTRACT AMOUNT shall be forgiven in full if and when the terms of the Owner's
Contract have been met in full, or the CITY agrees in writing that the functional equivalent of same
has taken place. The CITY shall have the right to release this Lien at its discretion at any point of
its duration.
Owner covenants and agrees as follows:
To pay when due all taxes and assessments now existing or hereafter levied or
assessed under the laws of the State of Texas upon said Property and to keep the
Property in good repair and condition and not to permit or commit any waste
thereof.
2_ In the event Owner shall fail to keep the improvements on the Property hereby conveyed in
good repair and condition, or to pay promptly when due all taxes and assessments, then the
CITY may at its option, but without being required to do so, purchase any tax title thereon,
and any sums which may be so used and paid out by the CITY shall bear interest from the
dates of such payments at ten percent (7%) per annum and shall be paid by Owner to CITY
upon demand, at the place at which the above described note is payable, and shall be deemed
apart of the debt hereby secured and recoverable as such in all respects. In addition, interest
will begin to accrue on, and be added to the CONTRACT AMOUNT at ten percent (7%) per
annum on the date the City awards the bid(s) ,for the Project (as defined in the Owner's
Contract) until the CONTRACT AMOUNT is paid in full, or forgiven as provided forherein.
3. The CONTRACT AMOUNT shall become due and payable immediately upon the
occurrence of any sale, conveyance, transfer, exchange, or any other change in ownership
of the property, whether it be in whole or in party, or if any application for a Building Permit
or any other development permit for any portion of the Property is granted.
4. That in the event of any Default as described in the Owner's Contractor any breach of the
terms therein contained to be performed by Owner, the CITY may elect to declare the entire
principal CONTRACT AMOUNT hereby secured, with all interest accrued hereon and all
10187817;1
other sums hereby secured, immediately due and payable. The Owner hereby expressly
waives presentment and demand for payment.
It is agreed that in the event of a default hereunder, and reasonable notice and time to cure
such default (which shall not be less Than sixty (60) days) has been provided, without such
a cure taking place, Trustee, or his/her substitute or successor, or the CITY may institute suit
for the collection of said CONTRACT AMOUNT, and for foreclosure of the liens herein
created.
6_ The CITY shall have the right of purchase at any foreclosure sale of the Property, being the
highest bidder, and to have the amount for which said Property is sold credited on the debt
then owing.
7. The CITY in any event is hereby authorized to appoint a substitute Trustee, to act instead of
the Trustee named herein without other formality than the designation in writing of a
substitute or successor Trustee; and the authority hereby conferred shall extend to the
appointment of other successor and substitute Trustees successively until the CONTRACT
AMOUNT hereby secured has been paid in full, or until said Property is sold hereunder and
each substitute and successor Trustee shall succeed to all of the rights and powers of the
original Trustee named herein.
8. Iii the event of a foreclosure sale of the Property herein described, or airy portion thereof,
under the terms hereof, Owner, its heirs and assigns, shall forthwith upon the making of such
sale surrender and deliver possession of the Property so sold to the purchaser at such sale,
and in the event of their failure to do so they shall thereupon from and after the making of
such sale be., and continue as, the tenants at will of such purchaser, and in the event of their
failure to surrender possession of said Property upon demand, the purchaser, his heirs or
assigns, shall be entitled to institute and maintain an action for forcible detainer of said
Property in the Justice of the Peace Court in the Justice Precinct in which the said Property
is situated.
9. In the event any portion of the CONTRACT AMOUNT herein described cannot be lawfully
secured by the liens herein given and created upon the herein described Property, it is agreed
that the first payments made on said CONTRACT AMOUNT shall be applied to the
discharge of that portion of said CONTRACT AMOUNT which were not lawfully secured.
10. If this instrument is executed by one person or by a corporation, the singular reference to
Owner shall be held to include the plural and all of the covenants and agreements herein
undertaken to be performed by and the rights conferred upon the respective Owner herein
named, shall be binding upon and inure to the benefit of not only said parties respectively,
but also their respective heirs, executors, administrators, grantees, successors and assigns.
101878t7:1
� 11. Owner agrees to comply with the terms of the Owner's Contract as a condition of this
Contract.
12. If all or any part of the real property and improvements secured by this Contract, or any
interest therein, is sold or transferred without the CITY'S prior written consent, excluding
the creation of a lieu or encumbrance subordinate to this Contract, the CITY may, at the
CITY's option, declare all the sums secured hereby to be immediately due and payable.
OWNER HEREBY ACKNOWLEDGES THAT IT HAS RECEIVED A COPY OF TINS
CONTRACT. OWNER, AS AFFIANT, FURTHER STATES UNDER OATH THAT UP
TO AND INCLUDING THE TIME OF EXECUTION OF TIIIS CONTRACT, NO
MATERIALS HAVE BEEN PLACED UPON THE ABOVE-DESCRIBED PROPERTY
ANDNO LABORHAS BEEN PERFORMI✓D THEREON IN CONNECTION WITH SAID
CONTRACT TO HIS OR ITS KNOWLEDGE AND BELIEF. THIS AFFIDAVIT IS
MADE FOR THE PURPOSE OF INDUCING THE CITY TO RELY ON THE FACTS
HEREIN STATED .AND ADVANCE FUNDS IN CONNECTION THEREWITH AND ON
THE VALIDITY OF THE LIENS CREATED HEREIN.
EXECUTED THIS 14"' DAY OF FEBRUARY, 2002.
NOTICE TO OWNER: DO NOT SIGN THIS CONTRACT BEFORE YOU READ IT OR
IF IT CONTAINS BLAND SPACES. YOU MAY HAVE THE CONTRACT EXAMINED
BY YOUR ATTORNEY, AT YOUR OWN EXPENSE, IF YOU WISH. YOU ARE
ENTITLED TO A COPY OF THE CONTRACT YOU SIGN. UNDER THE LAW, YOU
HAVE THE RIGHT TO PAY OFF IN ADVANCE THE FULL AMOUNT DUE AND
UNDER CERTAIN CONDITIONS MAY OBTAIN A PARTIAL REFUND OF ANY
INTEREST DUE. KEEP THIS CONTRACT TO PROTECT YOUR LEGAL RIGHTS.
CITY OF GRAPEVINE, TEXAS
La
William D. Tate, Mayor
ATTEST=
Linda Huff
City Secretary
10187817:1
AIRPORT OFFICE TWO JOINT VENTURE
Ey:
EH E. ra'o s, Inc_, Paxtner
ATTEST:
t` APPROVED AS TO FORM:
City Attorney
ACKNOWLEDGMENT:
The State of New York
County of New York
Before me, a notary public, on this day personally appeared Anthony J. Gostkowski, 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, and that he is an
agent or officer of EH Explorations, Inc., authorized to execute the foregoing instrument on its
behalf.
Given under my hand and seal o ffice this 1411' day of February, 2002.
N ublic Signa e
otary Public Printed or Typed Name
My commission expires: -4 p G. �7
When recorded please return to:
Boyle & Lowry, L.L.P.
4201 Wingren, Suite 108
Irving, Texas 75062
10167817:1
MARY F. OGORZALY
(Votary Public, State of New York
No. 01 OG5083071
Certified In New York County
Commission Expires Aug, 4) Zoo 5
STATE OF TEXAS §
''"°`'' COUNTY OF TARRANT
§ OWNER CONTRACT
CITY OF GRAPEVINE §
WHEREAS, Trinity Industries, Inc., a Delaware corporation authorized to do
business in the State of Texas, hereinafter referred to as "Owner", is 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", which tract of land ("Subject Property") is described in
Exhibit "A", which is attached hereto and incorporated herein for all purposes; and
WHEREAS, Current or Future Development of Subject Property and Abutting
Properties will generate a volume of traffic which necessitates the improvements to
Minters Chapel Road from its intersection with the SH 121/SH 114 Service Road north
to its intersection with Dallas Road, the "Project", to provide principal access; and
WHEREAS, the City's approved Thoroughfare Plan identifies Minters Chapel
Road as a four (4) lane collector roadway extending from the SH 121/SH 114 Service
Road to Dallas Road; and
WHEREAS, the construction of the Project shall be undertaken by the Owner
°X and the owners of the Abutting Properties and the City at a cost share of one-third (1/3)
— City / two-thirds (2/3) — Abutting Properties as a requirement of the construction of 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 design and construction of the Minters Chapel Road roadway
improvements shall be undertaken by the City, and
WHEREAS, for the purposes of this Owner Contract, the City has represented to
the Owner, and the Owner acknowledges, that the "Total Cost" shall be defined as the
final construction cost of the Project including: Design, Construction, Material Testing,
Irrigation, Landscaping, Street Lighting, Utility Relocation and ten percent (10%)
contingencies; and
WHEREAS, the City has represented to the Owner, and the Owner
acknowledges, that the scope of the Project shall consist of the 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 that the limits of the work shall extend from the intersection with the
SH 121 / SH 114 Service Road at the south end to the intersection with Dallas Road at
the north end of the Project (the "Project Scope"); and
WHEREAS, the City has represented to the Owner, and the Owner
acknowledges, that the estimated Total Cost of the Project is $4,961,409.45 and that
the Project is to be completed with reasonable diligence in accordance with the
Construction Contract documents executed between the City and it contractor, and
WHEREAS, the Owner and the City agree that the Owner's proportionate share
of the Total Cost of the Project shall be as follows:
(i) Subject Property
$228,099
(ii) Seefried Property
445,928
(iii) J.A. Green Property
295,951
(iv) Creek Crossing
46,562
Owner's Proportionate Share $1,016,540
Less: Credit for Owner's Advance
to City for Engineering Costs (419,685)
Balance of Owner's Proportionate Share: 596 855
M
WHEREAS, the City acknowledges that the Owner has previously sold the
Seefried Property, the J.A. Green Property and the Park Place Lexus Property and that,
except with respect to the Seefried Property and the J.A. Green Property, the Owner
shall have no responsibility for any portion of the Total Cost to be borne by the owners
of the Park Place Lexus Property or other Abutting Properties; and
WHEREAS, the Owner acknowledges that the contracting for the construction of
the Project shall be by the City in compliance with State of Texas competitive bidding
procedures required of Cities throughout the State; and
WHEREAS, the Owner and City agree the contract for the construction of the
Project shall be exclusively between the City and the contractor and that, except as
hereinafter provided, the Owner 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 City agrees that, while the contract for the construction of the
Project shall not establish a contractual relationship between the Owner and the
contractor, and that the City shall use reasonable efforts to ensure that said contract will
make provision for the Owner to receive the benefit of any insurance, waiver of liability
and indemnification provided therein by the contractor for the benefit of the City; and
2
WHEREAS, the Owner agrees 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 Owner acknowledges that the construction contractor shall be
required to provide performance, payment and maintenance bonds, and that 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 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 (2) 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, so
long as such Change Orders are within the Project Scope; provided that, if Change
Order(s) individually, or in the aggregate, shall result in an increase of more than five
percent (5%) of Owner's proportionate share of the Total Cost of the Project, then the
City agrees to provide a description of the change(s) and the necessity therefore upon
the request of Owner prior to the assessment of such an increase in Owner's share of
the costs; and
WHEREAS, the Owner agrees to deposit with the City by its check the balance
of its proportionate share of the Total Cost, established in this Owner Contract (the
"Owner's Costs"), upon the execution of this Owner Contract by the Owner, and prior to
the City's entering into the construction contract for the Project; and
WHEREAS, the Owner's Costs shall be placed in an interest-bearing account,
with interest to accrue to the account and any interest which accrues on said account
shall be reserved exclusively for contribution towards the Owner's share of the Project
costs. The City shall make draws from the Owner's Costs solely for payment to the
contractor of the balance of the Owner's proportionate share of the Total Cost; and
WHEREAS, if the final construction cost for the Project exceeds the estimated
Total Cost set forth above, the Owner's share of such increase shall be governed by
and subject to the terms described above for Change Orders, the Owner agrees to
increase its participation by its proportionate share of the amount that the final
construction cost exceeds the estimated Total 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
estimated Total Cost, City agrees to refund to the Owner its proportionate share of the
balance of the surplus by delivering said amount to the Owner, with the accrued
interest earned thereon based on the City's average rate of return for investments
(which accrued interest shall in any event be delivered to the Owner upon completion of
the Project), 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 Owner, do
enter into this Owner 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 Owner's Contract as if copied
verbatim in their entirety.
Section 2. That the City hereby agrees to construct a roadway facility as
herein described, in accordance with the Project Scope and, except as otherwise
provided herein, for not more than the Total Cost, in order to provide adequate traffic
capacity to serve the Subject Property and the Abutting Properties. The roadway facility
shall comply with City ordinances.
Section 3. The Owner and City hereby agree to the City's employing a civil
engineer registered in the State of Texas to prepare and seal the construction plans of
the roadway improvements prior to construction.
Section 4. The Owner and City hereby agree to the City's contracting with said
registered civil engineer to provide Construction Phase Engineering Services to the City
during the construction of the Project.
Section 5. The City agrees to construct the Project, and the Owner and City
agree to share in the Total Cost of the Project, as established in this Owner Contract.
The Owner shall place the Owner's Costs with the City upon the execution of this
Owner Contract by the Owner, which Owner's Costs shall be placed in an interest
bearing account.
Section 6. Hold Harmless Provisions. The parties to this Contract hereby
mutually agree to waive all claims, and fully release the other party, and all of its
officers, directors, agents, consultants, employees and invitees, from any and all
liability, claims, suits, demands or causes of action, including all expenses of litigation
rd
and/or settlement which may arise by injury to person or damage to property
occasioned by error, omission, intentional or negligent act of either party, its officials,
officers, agents, contractors, consultants or employees arising out of or in connection
with the construction contract for the Project, or on or about the Subject Property or the
Abutting Properties, including, without limitation, environmental liability. Nothing
contained in this Contract shall waive the City's defenses or immunities under Section
101.001 et seq. of the Texas Civil Practices and Remedies Code or other applicable
statutory or common law.
Section 7. No further certificates of occupancy shall be issued for Subject
Property until the Owner 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 the Owner.
EXECUTED this 1(+(-k day of 2002.
` TRINITY INDUST ES,
(-Z
4
By:
Nam U P
Title:
APPROVED: CITY OF GRAPEVINE, TEXAS
City Attorney Roger Nelson, City Manager
5
a
STATE OF TEXAS
COUNTY OF DALLAS
Before me, a notary public, on this day personally appearedi—Dhh LuQ ,
Vice President of Trinity Industries, Inc., known to me to be the person whose name is
subscribed to the foregoing document and acknowledged to me that he executed the
same in the capacity stated and for the purposes and consideration therein expressed.
Given under my hand and seal of office this I I+Lday of Q
2002.
Nq ,.
r• rn=
�•X:
C7 • i� � �F'f'E�{P5 � ° �
Notary Public Signature
Notary Public Printed or Typed Name
My commission expires:
.5. STATE OF TEXAS
COUNTY OF TARRANT
Before me, a notary public, on this day personally appeared Roger Nelson, City
Manager for the City of Grapevine, Texas, known to me to be the person whose name
is subscribed to the foregoing document and acknowledged to me that he executed the
same in the capacity stated and for the purposes and consideration therein expressed.
2002. Given under my hand and seal of office this day of
Notary Public Signature
Notary Public Printed or Typed Name
My commission expires:
on
STATE OF TEXAS §
vx
6i1 a ,
CITY OF GRAPEVINE
§ DEVELOPER'S CONTRACT
WHEREAS,
Ltd., a e s ]� mixed ar nership
Park Pin,,= r T X Tani �m_n�3, r� , aUt�orlZed ?o dto
business in the State of Texas, hereinafter referred to as "Developer", is 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", which tract of land ("Subject Property") is described in
exhibit "A", which is attached hereto and incorporated herein for all purposes; and
WHEREAS, Current or Future Development of Subject Property will generate a
volume of traffic which necessitates the improvements to Minters Chapel Road from its
intersection with the SH 121 / SH 114 Service Road north to its intersection with Dallas
Road, the "Project", to provide principal access; and
WHEREAS, the City's approved Thoroughfare Plan identifies Minters Chapel Road
as a four (4) lane collector roadway extending from the SH 121 / SH 114 Service Road to
Dallas Road; and
WHEREAS, the construction of the Project shall be undertaken by the
"Developer" and the "City" at a cost share of (1/3 one third - City)/(2/3 two thirds -
Abutting Property Owners) as a requirement of the construction of the proposed
q p posed
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 design and construction of the Minters Chapel Road roadway
improvements shall be undertaken by the City; and
WHEREAS, for the purposes of this Developer Contract, the City and the
Developer agree that the "Total Cost" shall be defined as the final construction cost of the
Project including: Design, Construction, Material Testing, Irrigation, Landscaping, Street
Lighting, Utility Relocation and ten percent (10%) contingencies; and
WHEREAS, the Developer and City agree that the scope of the Project shall
consist of the 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. The limits of the work shall extend from the intersection with
the SH 121 / SH 114 Service Road at the south end to the intersection with Dallas Road
j at the north end of the Project, and
O::\stan\develpmnt\minters_chapel\ParkPlace_dev_contract 12-31-01
WHEREAS, the Developer and City agree that the estimated Total Cost of the
Project is $ 4,961,409.45; and
WHEREAS, the Developer agrees that its participation in the cost of the Project
shall be $ 553,279; and
WHEREAS, the Developer agrees 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 Developer 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 Developer agrees 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 Developer agrees 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 Developer agrees to deposit with the City by certified check its
proportionate share of the Total Cost, established in this Developer Contract, upon the
execution of this Developer Contract by the Developer, 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
O::\stan\develpmnt\minters_chapel\Park PI ace_dev_contract 12-31-01
2
r`s .4 Urc, 46
r -Q c�"-C-�t`M 1 r� v�. Gco a lcti w c. �+c_ a C}r1��e hen G�� fid
construction cosh the Developer agrees to increase its initial participation by their 441C
proportionate share of the amount the construction cost exceeds the projected cost by C,q,.
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 Developer its proportionate share of the
balance of the surplus to the Developer 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 Developer, do
enter into this Developer's 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's 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 Property. The roadway facility shall comply with City ordinances.
Section 3. The Developer and City hereby agree to the City employing a civil
engineer registered in the State of Texas to prepare and seal the construction plans of
the roadway improvements prior to construction.
Section 4. The Developer and City hereby agree to the City contracting with
said registered civil engineer to provide Construction Phase Engineering Services to the
City during the construction of the Project.
Section 5. That the Developer and City agree to construct the Project and to
share in the Total Cost of the Project, as established in this Developer Contract. The
Developer 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 Developer, and prior to the City entering into the
construction contract for the Project.
Section 6. 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 / or settlement which may arise by injury to
property or person occasioned by error, omission, intentional or negligent act of
O::\stan\develpmnt\minters_chapel\ParkPlace_dev_contract 12-31-01
M
Developer, its officers, agents, consultants, employees,�invitees,
arising out of or in connection with this Contract, 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. 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 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 assigned without the express written
consent of City and Developer.
Executed this -4th Day of _Kebruary2002.
DEVELOPER: - Park Place LX Land Company, No. 1, Ltd.
-By: Park Place LX Land Company, General Partner
By:
Kenneth L. Schnitzer , President
(Typed Name of Developer)
City Attorney
CITY OF GRAPEVINE, TEXAS
Roger Nelson, City Manager
0::\stan\develpmnt\mlnters_chapel\ParkPlace—dev—contract 12-31-01
4
STATE OF .'1(214�
}s COUNTY OF `Qta,,e,�,.�
Before me, a notary public, on this day personally appeared
��� known to me to be the person
whose name is subscribe t the foregoing document and acknowledged to me that he
executed the same for the purposes and consideration therein expressed.
2002. Given under my hand and seal of office this 'yf day of
Notary Public Signature `s''; BRETNIDAS WILLIAMSON
e<
Nota«. PaDlic: State of Texas
Nis Conan ssw�t expires 02-22-03
Notary Public Printed or Typed Name
My commission expires: 07 — J"j —O 3
STATE OF
COUNTY OF
Before me, a notary public, on this day personally
known to me to be
whose name is subscribed to the foregoing document and acknowledged to
executed the same for the purposes and consideration therein expressed.
2002. Given under my hand and seal of office this day of
Notary Public Signature
Notary Public Printed or Typed Name
My commission expires:
appeared
the person
me that he
O::\stan\develpmnt\minters_chapel\ParkPlace_dev_contract 12-31-01