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HomeMy WebLinkAboutItem 03 - Hilton Lift StationITEM • � - - MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROGER NELSON, CITY MANAGER O�W MEETING DATE: OCTOBER 2, 2001 SUBJECT: DEVELOPER CONTRACT / HILTON LIFT STATION ENTRANCE DRIVE RECOMMENDATION: City Council consider approving a Developer Contract with Fellowship Church for the construction of Fellowship Way, Enchanted Way, Genesis Way and the entrance drive to the Hilton Lift Station, authorize the City's participation in an amount not to exceed $45,000.00 for the construction of the entrance drive, and take any necessary action. FUNDING SOURCE: Funds are currently available in 1999 Utility Bonds, account number 200-48940-534-5- 000004SW. BACKGROUND: Fellowship Church and surrounding private developers are currently constructing Fellowship Way, Enchanted Way and Genesis Way in northeast Grapevine under contract with L. H. Lacy, Inc. The construction of the three concrete roadways provides the City with an opportunity to construct an improved drive access from Fellowship Way to the Lift Station utilizing attractive unit prices. Past access to the Lift Station has been from the northbound SH 121 Service Road across private property utilizing an unimproved access drive in excess of 1,400 feet in length. During dry weather this route has been passable but during times of inclement weather, access has often been difficult. The continued development of the church property and the construction of Fellowship Way has provided a new access point from Fellowship Way with a drive length of only 380 feet to the Lift Station. The proposed drive improvements provide a heavy duty, all weather surface for maintenance and repair equipment to access the Lift Station. The improvements also include an area where the trucks and equipment can stage during maintenance and repair work and serve as a turn around for the large equipment at the end of this dead end drive. September 26, 2001 (12:55PM) The cost to the City is estimated to be $ 45,000 or approximately 4.2% of the private project cost. State law allows Cities to participate with private developers in constructing public improvements without public bidding if the Cities' participation is less than 30% of the total public improvements cost. The proposed City participation in this developer contract falls well below the 30% participation limit. Staff recommends approval. JSL/dsm 0:\agenda\100201\DevContract—Hilton —Lift _.agm September 26, 2001 (8:58AM) LOCATION MAP O U Q�< THWEATT J J nn 4' O Z Q SCALE: 2" = 2000' ORTHPOINT SITE LIFrsom "t0 GATE�II W ROAD I L,i Fr -� STATION Z J o o w 0 0 > w > 0- 0, 1 a a Z5 CREE IEW U ¢ U UO C7 P� C-)' cu N p0Q cY o?�� 1� 0 v S BETHEL LOCATION MAP LOT in, BLOCK I FELLOWHIP OF LAB COLI CAB. A, SLIDE 3762 P.R.T.C.T. oull LIFT IP STATION _oma 3182 % T% 'O M. ESMT. TO BE ABANDONED UTIL. ESMT. PARCEL 2A m PROPOSED SIGHT VISIBILITY ESMT's. PROP. 15' x 15' UTILITY EASMENT ,11 1 EX. ACCESS ESMT. TO BE ABANDONED LIFT STATION ROAD umllgfflm• t � ACCESS ESMT. 15' UTIL. ESMT. (FILING PENDING) II II PARCEL 1 PROPOSED 65' R.O.W. PROP. RNG. ESMT. EXIST. 15' UTIL. ESMT. I 11 I 11 I f1 15 UTIL. ESMT. (FILING PENDING) STATE OF TEXAS § COUNTY OF TARRANT § DEVELOPER'S CONTRACT CITY OF GRAPEVINE § WHEREAS, Fellowship Church, a , 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, the construction of the Project shall be undertaken by the "Developer" and the "City" with the City providing funding for all costs associated with the construction of the lift station entrance drive estimated to be $ 45,000 and the Developer providing the balance of the funds necessary to construct the Project; and WHEREAS, the design and construction of the Project shall be undertaken by the Developer at their sole cost, excluding the cost for the construction of the lift station entrance drive; 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: Construction, Material Testing, and ten percent (10%) contingencies, estimated to be $ 1,073,702.30; and WHEREAS, the Developer and City agree that the scope of the Project shall consist of the construction of water, sanitary sewer, storm drainage, paving, and other appurtenances incidental to the pursuit of said construction, and WHEREAS, the Developer and City agree that the City's participation in the funding of the Project shall be the final cost of construction of the entrance drive to the lift station, estimated to be $ 45,000; and WHEREAS, State law provides the opportunity for cities to participate with private development in the construction of public improvements if the city funded elements of the improvements do not exceed 30% of the total public improvements cost; and WHEREAS, the Developer agrees that its participation in the cost of the Project shall be the balance of the Total Cost of the Project cost less the City's cost participation for the entrance drive to the lift station estimated to be $ 45,000; and WHEREAS, the Developer agrees that the contracting for the construction of said Project shall be by the Developer; and OAcontra ct\fel lowshipj iftstati on—d rive 0 WHEREAS, the Developer and City agree the contract for the construction of the Q� 4Project shall be exclusively between the Developer and the contractor and that the City shall have no contractual relationship with the contractor within the scope of the Developer's contract for the construction of this Project, 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 the Project; 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 the Project, and shall extend for a period of two years from the date of acceptance of the Project by the City; and WHEREAS, the Developer agrees that the contractor shall provide insurance for the Project as stipulated by the City in amounts meeting the City's minimums for Public Construction Projects; and WHEREAS, the Developer agrees that said insurance shall name the City of Grapevine as additional insured; and WHEREAS, the City agrees to provide its share of the funding to Developer upon the City's acceptance of the Project; and NOW, THEREFORE, the parties to this Contract, the City and the Developer, 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. O Acontractlfel lowsh ip_I iftstation_d rive 2 Section 2. That the Developer hereby agrees to construct the water, sanitary sewer, storm drainage and paving project as herein described to provide adequate traffic capacity to serve the proposed development of Subject Property. The Project shall comply with City ordinances and State of Texas requirements. Section 3. The Developer hereby agrees, at its sole cost, to employ a civil engineer registered in the State of Texas to prepare and seal the construction plans of the public improvements, exclusive of the entrance drive to the lift station, prior to construction. Section 4. The Developer hereby agrees, at its sole cost, to contract 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 City shall make payment to the Developer upon completion of the Project and acceptance by the State. 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 and employees 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 Developer, its officers, agents, consultants and employees 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 and employees 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 and employees 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 the construction under this Contract on or near the Subject property. This indemnity shall apply whether the claims, suits, losses, damages, causes of action or liability arise in whole or in part from the intentional acts or negligence of developer or any of its officers, officials, agents, consultants and employees, 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 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 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. OAcontractfel lowshi pj iftstation—d rive vzk Section 7. 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 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 8. Upon completion of the construction of the Project, the Project and all appurtenances thereto shall become the property of and shall be maintained by the City (subject to the warranties of the contractor performing the work). Section 9. Notwithstanding anything in this Contract, 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. Section 10. This Contract shall not be assignable without the express written consent of City and Developer. Executed this (Typed Name of Developer) City Attorney Day of _, 2001. OAcontractVel lowshipjiftstation—d rive CITY OF GRAPEVINE, TEXAS 4 Roger Nelson, City Manager STATE OF C0Ti711IN, kVla79 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 My commission expires: o:\contract\fel lowshi p_liftstation_drive k,