HomeMy WebLinkAboutItem 24 - East College Street Sanitary SewerMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER
MEETING DATE: AUGUST 5, 2025
SUBJECT: Ratification of an existing Developers Agreement and approval for
additional expenditures
RECOMMENDATION: City Council to consider the ratification of a Developers Agreement for
development of property along East College Street with Wright 430 Main
LLC and approval of additional expenditures for the reconstruction of a
sanitary sewer line.
FUNDING SOURCE: Funds are available in the Utility Enterprise Fund in the amount of
$19,610.00
BACKGROUND: Wright 430 Main LLC is developing residential property along East
College Street. A sanitary sewer line is located on this property and was
discovered to be in poor condition. It was determined that this line needed
to be replaced, and the City was willing to fund the cost of reconstruction
of the line using the developer's contractor.
The City entered into a Developers Agreement in the amount of $12,730
on April 21, 2025. Work was completed this summer and due to field
conditions and an extended belly in the sewer, additional work was
needed. This amount of additional work is $6,880 bringing the total
contract cost to $19,610. Staff is requesting ratification of the original
amount and approval of the additional amount to revise the Developers
Agreement amount to $19,610.
Staff recommends approval
STATE OF TEXAS §
COUNTY OF TARRANT § DEVELOPER'S AGREEMENT
CITY OF GRAPEVINE §
WHEREAS, Wright 430 Main LLC (the "Developer") is the owner of approximately
78,385 square feet of land out of City of Grapevine, Block 22R1 in the City of Grapevine,
Tarrant County, Texas, a Texas home -rule City, hereinafter referred to as "City", which land
("Property") is more specifically platted as Lot 1R3, Block 22R1, City of Grapevine, City of
Grapevine, Tarrant County, Texas, as more particularly shown in the attached Exhibit "A"
incorporated herein for all purposes; and
WHEREAS, the development necessitates the reconstruction of sanitary sewer as
shown on Exhibit "B" (all collectively referred to as the "Project"); and
WHEREAS, the City is willing to share in the costs for the reconstruction of the
sanitary sewer as shown in Exhibit "C"; and
WHEREAS, it is advantageous to the 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 of the 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 their entirety.
Section 2. Developer shall award construction contract(s) for the Project in
accordance with the following:
a. Developer shall 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 prequalified to perform water/waste water construction as
the case may be.
b. Developer agrees to utilize contracts for construction of the 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 of the 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 for the construction of the Project. Developer
retains rights under Texas Local Gov't Code Sec. 395.023. Dedication
of all necessary rights of way and easements shall be made by separate
instrument and shall be executed and placed into escrow prior to
execution of this Agreement.
d. Developer shall prepare and submit a Cost Summary to the City in
advance of awarding the contract(s) for the Project, substantially in the
form attached hereto as Exhibit C. Upon approval by the City, said Cost
Summary shall become Exhibit C to this Agreement and shall 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 for the Project and the exhibits attached hereto.
f. Developer shall require its contractor to furnish to the City a payment
bond and a performance bond in the names of the City and the
Developer for one hundred percent (100%) of the contract price of the
project, and a maintenance bond in the name of the City for twenty-five
percent (25%) of the contract price of the infrastructure for a period of
two (2) years insuring the maintenance and repair of the constructed
infrastructure during the term of the maintenance bond. All bonds to be
furnished before work is commenced and to meet the requirements of
Chapter 2253, Texas Government Code.
g. 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 additional insured on
all 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 to the
City's Public Works 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.
i. 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
to the desired date of the meeting. No construction will commence
without a City issued Notice to Proceed to the Developer's contractor.
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j. Developer will submit, upon completion of the 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. Developer agrees to the following:
a. The Developer will provide funds to facilitate the construction of 155
linear feet of 6" sanitary sewer.
Section 5. The City agrees to the following:
A. Upon Developer's compliance with Sections 3 and 4 above, the City will
reimburse the Developer for its share of the cost of installing a 6" sanitary
sewer line. Such reimbursement payment shall be made to the Developer
within fifteen (15) days of delivery by the Developer to the City of a final
statement of the costs incurred by the Developer.
B. The City agrees to promptly review and process all applications needed for
construction of 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 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 Developer's Agreement 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 "Developers" or any of their 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 Developer's Agreement
shall waive the City's defenses or immunities under Section 101.001 et seq. of the Texas
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Civil Practice and Remedies Code or other applicable statutory or common law.
Section 7. Indemnity Against Design Defects. Approval of the City
Engineer or other City employee, official, consultant, employee, or officer of any plans,
designs or specifications under this Developer's Agreement shall not constitute or be
deemed to be a release of the responsibility and liability of the "Developer", 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, 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 engineer's designs and specifications incorporated into any improvements
constructed in accordance therewith, and the "developers" 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 8. 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 specification for approval by the City for any defects in any
plans or specifications submitted, revised, or approved, in the loss or damaged 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 any 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 Immunitv 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.
Section 10. No Assignment This Agreement shall not be assignable without the
express written consent of City and "Developers."
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Executed this 4- 1 Day of !� r; , 2025.
DEVELOPER:
Wright 430 Main LLC
By: I_emoi� W hl -
Mai,ager
APPROVED:
(Z
By: h Boyle
City Attorney
CITY OF GRAPEVINE, TEXAS
By: Bruno Rumbelow
City Manager
5
CORPORATE ACKNOWLEDGMENT
STATE OF
COUNTY OF
1�t,XGt`�
QRR (1i1T
Before me, the undersigned, on this day personally appeared
"'6oa 0,4 ti of Wright 430 Main LLC, proved to me
through the presentation of a valid Teihs Driver's License to be the person whose name
is subscribed to the foregoing instrument and acknowledged to me that he/she executed
the same for the purposes and consideration therein expressed. Mr./Ms.
furthermore attested that he/she is signing this Developer's Agreement in his/her capacity
as 1w�v„,,.,Lz of Wright 430 Main LLC, and that such capacity makes his signature
valid 'to bind`ihe company, Wright 430 Main LLC.
Given under my hand and seal of office this
Notary Public Signature
Notary Public Printed or Typed Name
My commission expires:
` day of e_ ` 2025.
ODI
Nmwypubgc
STATE OF TEXAS
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I, Walter W. Ward, of Ward Surveying Company, a Registered Professional -
-:Land Surveyor of the State of Texas, do hereby declare that I:prepared 4E OF T
.this plat from as actual and accurate survey on the land and that the
corner monument;a shown thereon we're properly placed under my personal
supervision in accordance with the platting rules and regulation. of WA.... W �'
the State.of Texand t„he City �ofJGrape ne.
929D E5510� y2014
,
-Halter W. Ward, iegistered Prof essl na Lan urveyor No: 2014 O Ward Surveying Surveying Compsny- ,
WARD SURVEYING
COMPANY
FORTWOO".
P.O. BOX AS 761 8042-53
_..__. ... W MITIO281-5411
OWNER; BOBBY G.SMITH
1114 E.PIONEER PKWY
ARLINGTON, TX. 76010
STATE OF TEXAS OWNERS CERTIFICATE
COUNTY OF TARRANT
WHEREAS, Bobby G. Smith is the owner of Lot IR, Block 22R, Lot 1R1 and
Lot 1R2, Block 23R, Original Town Of Grapevine, Tarrant County, Texas, as
shown on a plat of record in Cabinet A, Slide 1662, Plat Records, Tarrant
County, Texas, and a portion of Lots 3 and 4, Block 23, Original Town of -
GrapeVine, of record in Volume 309, Page 71, Plat Records, Tarrant County,
Texas, by deed recorded in Volume 11779, Page 1353, Deed Records, Tarrant
County, Texas, and being more particularly described as follows:
BEGINNING at an X cut in.,concrete .at the Northwest corner of .Lot iRi above
referenced, in the South line of East College Street;
THENCE East 290.38 feet along the North line of Lot iR, Lot iRi and
Lot 1R2, above referenced, to a l," iron found at the Northeast
corner of Lot 1R2;
THENCE South 1,95.60 feet along the West line Of Lot 2, Block 23, Original
Town of Grapevine, as recorded in Volume 309, Page 71, Plat Records,
Tarrant County, Texas, to a fence corner post as described in
Volume 7163, Page 2818, Deed Records, Tarrant County, Texas;
THENCE West 60.50 feet along the South line of Lot IR2, above referenced,
to a 5/8" iron found in same for corner;
THENCE S. 00 - 01, - 41" W. 203.73 feet to a III --iron found in the
apparent North R.O.W. ifne of Hudgins Street;
THENCE S. 800 - 16' - 00" W. 70.B0 feet along said line to a k- iron
found in same for corner;
THENCE North 115.70 feet to a k" iron found for corner;
THENCE West 60.00 feet to a iron found for corner in the East line of
Lot 3, Block 22, Original Town of Grapevine as shown on a plat of
record in Volume 309, Page 71, Plat Records, Tarrant County, Texas;
THENCE North 115.70 feet to a $" iron found at the Northeast corner of
said Lot 3, Block 22, same being the Northwest corner of Lot 3,
Block 23, above referenced, said point being in the South line of
Lot IS, Block 22R, above referenced;
THENCE West 100.00 feet to a k" iron found at the Southwest corner of
said Lot 1R, Block 22R, in the East line of Lot 2, Block 22,
Original Town of Grapevine., as recorded in Volume 309, Page 71,
Plat Records, Tarrant County, Texas;
THENCE North 195.60 feet along said East line to the POINT OF BEGINNING ..
and containing 1.80 acres.
NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS, THAT
Bobby G. Smith does hereby adopt this plat of Lot IR3, Block 22RI,
Original Town of Grapevine, an addition to the City of Grapevine, Tarrant
County, Texas, and do hereby dedicate to the public use forever the right-
of-way and easements shown hereon. The easements shown hereon are hereby
.reserved for the purposes as indicated. The utility easements shall be open
for all City or franchised public utilities for each particular use. The
maintenance of paving on the easements era the reaponeiDility of the
property owner. No buildings or anxiliary structures shall be constructed,
reconstructed, or placed upon, over, or across the easements as shown, public
utilities using or desiring to use same. Any City of franchised utility
shall have the full right to remove and keep removed all or parts of any
fences, trees, shrubs, or other improvements or growths which in any way
endanger or interfere with the construction, maintenance, or efficiency of
its respective system on the easements and all City or franchised utilities
shall at all times have the full right of ingress and egress to and from
and upon said easementsfor the purposes of constructing, reconstructing,
inspecting patrolling, maintaining, and adding to or removing all or parts
of its respective system without the necessity at any time of procuring the
permission of anyone. I have reviewed the City's findings concerning
dedications and I do agree that the statements are true and correct.
This plat approved subject to all platting ordinances, rules, regulations,
and resolutions of the City of apevine, Texas.
Witness my hand this the /I of 1
` byi�f Owner
STATE OF TEXAS
COUNTY OF TARRANT
Before me, undersigned Notary Public in and for said County and State, 0.
this day personally appeared Bobby G. Smith, known tobethe person whose
name is subscribed to the foregoing instrument and acknowledged to me that
he executed the same for the purposes and consider ipn therein expressed.
Give nnder my^hand sad aea2 of office this the W'p. day
YSiA>_ 199
of Mp /
N exa i.,NOP.MAEHhkLIN -
MY Commission expires F!(5
Nctaty rz,!Is
STATE OFTEXAS
ayM.�lr•.
PLANNING & ZONING COMMISSION:
Date Approved: NoVEHB6l'2 / ,�/99#
Chairman: �GC
GRAPEVINE CITY COUNCE.:
Date Approved: _ Nd kis&RO 1C
Mayor:
CitySxretary�'%�
FINAL PLAT
LOT IR3, BLOCK 22RI
ORIGINAL TOWN OF GRAPEVINE
BEING A REPLAT OFLOTIRI, BLOCK 22R, LOTS IRIS
IR2,BLOCK 23R, ORIGINALTOWN OF GRAPEVINE AS
RECORDEDIN CABINETA, SLIDE 1662,PLAT RECORDS
TARRANT COUNTY, TEXAS, AND PORTIONS OF LOTS 3,
& 4, BLOCK 23, ORIGINALTOWN OF GRAPEVINE AS
RECORDED IN VOLUME 309, PAGE 71, PLAT RECORDS
TARRANT COUNTY,TEXAS, IN THE WILLIAM DOOLEY
SURVEY ABS. NO.422, TARRANT COUNTY, TEXAS.
1.80 ACRES/ I LOT
SEPTEMBER 1994
EXISTINGZONING:.R.Z 6,RESIDENTIAL, PROPOSED'ZONING;GV,GRAPEVINE
THIS PLAT FILED IN CABINET Q SLIDE Z��_OATE� _�_�L/ C /�q� VINTAGE DISTRICT
2-12 s 166
EXHIBIT B
Disclaimer: �� N
This product is for informational purposes and may not 1 = 75 N
e . e have been prepared for osuitable for legal, O
engineering, or surveying purposes. It does not represent ft N
an on -the -ground survey and represents only the
approximate relative location of property boundaries. 0 60 120
EXHIBIT C
Construction Item
Total Cost
Developer Cost
City Cost
Remove and Replace Existing 6" Sewer
$12,555
$0
$12,555
Connect to Existing Services
$1,880
$0
$1,880
Silt Fence
$495
$0
$495
Remove and Replace Fence
$850
$0
$850
Test
$310
$0
$310
Construction Staking
$310
$0
$310
Trench Safety
$155
$0
$155
Replace Asphalt Pavement (Credit)
-$3,025
$0
-$3,025
Traffic Control (Credit)
-$800
$0
-$800
Total
$12,730
$0
$12,730
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