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Item 4CItem 4C CITY OF SOUTHLAKE MEMORANDUM (September 3, 2013) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Director of Public Works Subject: Ratify construction expenses paid to Simmons Estate Homes for water line construction in the amount of $28,177 Action Requested: Ratify construction expenses paid to Simmons Estate Homes for water line construction in the amount of $28,177. Background Information: A new home is being proposed at 1535 Oak Lane by Simmons Custom Homes. The city's record drawings indicated that a 6-inch water line existed on Oak Lane. Therefore, staff in working with the builder planned for a residential water service tap off of an existing 6-inch water line. When the plumber went to make the tap for the new service, it was discovered that the new line was, in fact only a 2-inch line. Due to the size of the proposed house, it was determined that a 2-inch supply line was not sufficient for fire protection and water supply. Therefore, the decision was made to install a new 6-inch water line where the 2-inch currently existed. The plan was for the city to reimburse the builder for the cost of the new water line under the Residential Developer Agreement. Public Works staff recommended execution of the Residential Developer Agreement to the City Manager. It was later discovered that the cost of the reimbursement exceeded the authority of the City Manager's signatory authority under the provisions of Section 4.01 of the city's Subdivision Ordinance. Due to the need of the builder to be reimbursed in a timely fashion and in order to comply with the Prompt Payment Act, the Director of Public Works authorized payment to the builder in the amount of $28,177. Staff is requesting ratification of this expenditure by the City Council for the construction of the new water line to meet the provisions of Section 4.01 of the Subdivision Ordinance. Financial Considerations: The ratification of this expenditure for the construction of a new waterline is required to comply with the provisions of the City of Southlake Subdivision Ordinance. The cost of the project is $28,177. Funds are available from the Utility System Maintenance budget authorized in the adopted FY 2013. Budget. Strategic Link: The construction of the new waterline by the contractor and associated reimbursement for the work links to the City's strategy map relative to the focus areas of Infrastructure, Partnerships. The specific corporate objectives that are met by this construction project include: providing collaborating with select partners to implement service solutions, and investing to provide and maintain high quality public assets. The critical business outcome is to optimize resources through collaboration and partnerships to reduce costs and add service value. Citizen Input/ Board Review: N/A Legal Review: None Required Alternatives: The City Council may approve or deny the ratification of this expenditure. Supporting Documents: Residential Developer Agreement I nvoice Location Map Staff Recommendation: Ratify expenditure with Simmons Custom Homes for the construction of a new waterline in the amount of $28,177. Staff Contact: Robert H. Price, P.E., Public Works Director Cheryl Taylor, P.E., City Engineer Steven D. Anderson, P.E., CFM, Civil Engineer 1535 Oak Lana RESIDENTIAL DEVELOPER AGREEMENT (SUPPLEMENTAL) An Agreement between the City of Southlake, Texas, hereinafter referred to as the "City", and the undersigned Developer, hereinafter referred to as the "Developer", of 1535 Oak Lane, hereinafter referred to as the "Addition" to the City of Southiake, Tarrant County, Texas, for the installation of certain community facilities located therein, and to provide city services thereto. It is understood by and between the parties that this Agreement is applicable to the 1 lot contained within the Addition and to the off - site, improvements necessary to support the Addition. I. GENERAL REQUIREMENTS A. It is agreed and understood by the parties hereto that the Developer shall employ a civil engineer licensed to practice In the State of Texas far the design and preparation of the plans and specifications for the construction of all facilities covered by this Agreement. B. Since the Developer is prepared to develop the Addition as rapidly as possible and is desirous of selling lots to builders and having residential building activity begin as quickly as possible and the City is desirous of having the Addition cam leted as rapidly as possible, the City agrees to release 10% of the lots,, after installation of the water and sewer mains. Framing shall not commence until water quality is approved by the City and all appropriate Fire Code requirements are satisfied and street signs with street names are In place. Temporary all-weather metal signs securely fastened In the ground are acceptable until permanent street signs are Installed. The Developer recognizes that the remaining building permits or Certificates of Occupancy for residential dwellings will not be Issued until the supporting public works infrastructure including permanent street signs with block numbers and regulatory signs within the Addition have been accepted by the City. This will serve as an incentive to the Developer to see that all remaining items are completed. C. The Developer will present to the City either a cash escrow, Letters of Credit or performance bond and payment bond acceptable to the City guaranteeing and agreeing to pay an amount equal to 100% of the value of the construction cost of all of the facilities to be constructed by the Developer, and providing for payment to the City of such amounts, up to the total remaining amounts required for the completion of the Addition if the Developer fails to complete the work within two (2) years of the signing of this Agreement between the City and Developer. All bonds shall be issued by a Best -rated bonding company. All Letters of Credit must meet the Requirements for Irrevocable Letter of Credit attached hereto and Incorporated herein. Page 1 of 1s G. On all public facilities Included in this Agreement for which Developer awards his own construction contract, Developer agrees to the following procedure; 1. Developer agrees to pay the following: a. Inspection fees equal to three percent (3%) of the cost of the water, street, drainage and sanitary sewer facilities, on all facilities included In this Agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; b. Administrative Processing fee equal to two percent (2%) of the cast of water, street, drainage and sanitary sewer facilities, on all facilities included in this Agreement for which Developer awards his or her own construction contract, to be paid prior to construction of each phase and based on actual bid construction cost; C. Trench testing (95% Standard), d. The additional charge for inspections during Saturday, Sunday, holidays, and after normal working hours; e. Any charges for re -testing as a result of failed tests; f, All gradation tests required to insure proper cement and/or lime stabilization. 2. The City agrees to bear the expense of: a. All nuclear density tests on the roadway subgrade (96% Standard); b. Technicians time for preparing concrete cylinders; and C. Concrete cylinder tests and concrete coring samples, The City can delay connection of buildings to service fines or water mains constructed under this Agreement until said water mains and service lines have been completed to the satisfaction of and acceptance by the City. Page 3 of 19 sT1R1 T.ITN, a a i ■ W. A - C. LAW COMPLIANCE Developer hereby agrees to comply with all federal, state, and local laws that are applicable to development of this Addition. mtt - Pages of is to present to the Director of Public Works a soil control development plan that will be implemented for this Addition. When In the opinion of the Director of Public Works there is sufficient soil build-up on the streets or other drainage areas and notification has been given to the Developer, the Developer will have seventy-two (72) hours to clear the soil from the streets or affected areas, If the Developer does not remove the soil from the street within 72 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the Addition at the Developer's expense. All expenses must be paid to the City prior to acceptance of the Addition. After construction of the Addition and prior to acceptance by the City, the Developer agrees to have a permanent erosion control plan prepared and approved by the Director of Public Works and have the plan Installed and working, effectively, In the opinion of the Director of Public Works. This erosion control will prevent soil erosion from the newly created lots from washing Into street rights of way, drainage ways or other private property. G. AMENITIES It Is understood by and between the City and Developer that the Addition may incorporate a number of unique amenities and aesthetic improvements such as ponds, aesthetic lakes, unique landscaping, wails and may incorporate specialty signage and accessory facilities. The Developer agrees to accept responsibility for the construction and maintenance of all such aesthetic or specialty item such as walls, vegetation, signage, landscaping, street furniture, pond and lake improvements until such responsibility is turned over to a homeowners association. H. USE OF PUBLIC RIGHT-OF-WAY It is understood by and between the City and Developer that the Developer may provide unique amenities within public right-of-way, such as landscaping, irrigation, lighting, etc., for the enhancement of the Addition. The Developer agrees to maintain these amenities until such responsibility is turned over to a homeowners association. The Developer and his successors and assigns understand that -the City shall not be responsible for the replacement of these amenities under any circumstances and further agrees to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by Its use of the public right -of --way with regard to these improvements and the Developer shall, at his own cost and expense, defend and protect the City against all such claims and demands. Page 7 of 18 CONFECTION WITH ANY AND ALL ACTS OR OMISSIONS OF DEVELOPER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES, SAID INDEMNIFICATION TO REMAIN IN EFFECT UNTIL THE CITY ACCEPTS THE ADDITION. DEVELOPER AGREES TO INDEMNIFY THE CITY, ITS OFFICERS AND EMPLOYEES FOR ANY DAMAGES, CLAIMS OR LIABILITIES ARISING FROM THE NEGLIGENT ACT OR OMISSION, OR OF THE CONCURRENT NEGLIGENT ACT OR OMISSION, OF THE CITY, ITS OFFICERS AND EMPLOYEES. S. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. C. Approval by the Director of Public Works or other City employee of any plans, designs or specifications submitted by the Developer pursuant to this Agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Developer, his engineer, 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 and 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 Director of Public Works signifies the City's approval on only the general design concept of the improvements to be constructed. In this connection, the Developer shall for a period of two (2) years after the acceptance by the City of the completed construction project, indemnify and hold harmless the City, its 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 officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgement which may be incurred by or rendered against them or any of them in connection herewith. D. This Agreement or any part herein, or any interest herein, shall not be assigned by the Developer without the express written consent of the City Manager, which shall not be unreasonably withheld or delayed. E. On all facilities included in this Agreement for which the Developer awards his own construction contract, the Developer agrees to employ a construction contractor who is approved by the City, and whose approval Page 9 of 18 7 a Such drawings will be stamped and signed by -'a registered professional civil. .engineer. In addition; the Developer shall pro%Me electronic files showing the grading plan: and " drainage area map; the .plan and prpfile of the sanitary sewer, storm drain.,, roadway, and waterline; all lot lines; and tie in. to.the -state Plane Coordinate. System, IV. OTHER ISSUES A. OFF41TE WATER The' existing Waterline that the developer, ip to c9nnoo0o is undersized. A 0-inch waterline needs to be. extended to.J:serve,this lot with fire coverage. ZteedCiirlll reimburse :the. Deyoioper1br the: Cost. to extend time .g-trig "I'Z: ;approxiMstely ,230.4bat. The reimbursement: slhall`,not exceed X-5) g8;180. B. TREE PRESERVATION ORDI ANCE All con*.uction activities shall comply with the currant Tree Preservation Ordinance requirements and as may be arnerided by the City Council. Such conditloris Include, but are not limited, to, proper posting of tree protecdon warning signs and tree protective fencing to be maintained throughout the duradori of the project, C�a�Naas fi6�n�s �6 � ACK Owt Ei- MEWS THE STATE OF TEXAS g COUNTY OF,� This Instrument was acknowledged before me an the 3e day of a�&L. 2Uy� Dy ':rSc�n1.1� of -� �r Le an behalf of seid entity. "�i+ " LINDSEY JONES ¢ Notary Public, State of Texas �,� I 1 ut 18 Notas �s MyCommission Exgiret � ,�,�, September 01. 20t 5 CITY OF SO.UTHLAKE, TEXAS By: 4— 'Shana Yelverton, Cit anapr ATTEST: .•`';,°:� �r�����•..' O'�.'�~ Alicia Richardson, City Secretft ° ,_ ___°/ ��FIFlIYUliY1.. Date:% Page 13 of 1$ REQUIREMENTS FOR CONTRACTOR'S INSURANCE Contractor's Insurance 1. Without limiting any of the other obligations or liabilities of the CONTRACTOR, during the term of the Contract, the CONTRACTOR shall purchase and maintain the following minimum Insurance coverages with companies duly approved to do business In the State of Texas and satisfactory to the CITY. In this section "Project" shall mean the public facilities to be constructed by Developer or under Developer's contract with a CONTRACTOR. Coverages shall be of the following types and not less than the specified amounts: a. Workers' compensation as required by Texas law, with the policy endorsed to provide a waiver of subrogation as to the CITY; employer's liability insurance of not less than the minimum statutory amounts. b. Commercial general liability insurance, Including premises- operations; €ndependent CONTRACTOR's liability, completed operations and contractual liability covering, but not limited to, the liability assumed under the indemnification provisions of this Contract, fully insuring CONTRACTORs (or Subcontractor's) liability for Injury to or death of CITY's employees and third parties, extended to Include personal Injury liability coverage with damage to property of third parties, broad form property damage, with minimum limits as set forth below: General Aggregate ............. .... . ...$2,000,000 Bodily Injury $1,000,000 Each Occurrence Property Damage $1,000,000 Each Occurrence Products--ComponentsJOperations Aggregate..$1,00D,000 Personal and Advertising Injury ............ $1,000,00o (With Employment Exclusion deleted) Each Occurrence . . .................. $ 1,000,000 Contractual Liability: Bodily Injury $1,000,000 Each occurrence Property Damage $1,000,000 Each occurrence The policy shall Include coverage extended to apply to completed operations, asbestos hazards (if this project involves work with asbestos) and ECU (explosion, collapse and underground) hazards. The completed operations coverage must be maintained for a minimum of one year after final completion and acceptance of the work, with evidence of same flied with CITY. c. Comprehensive automobile and truck liabillty insurance, covering owned, hired and non - owned vehicles, with a combined bodily injury and property damage minimum limit of $1,000,000 per occurrence; or separate limits of $600,000 for bodily Injury (per person), and $500,000 for property damage. Such Insurance shall Include coverage for loading and unloading hazards, d. property Insurance (Builder's All Risk) (€) CONTRACTOR shall purchase and maintain, at all times during the term of Its Contract with the Developer property insurance written on a builder's risk "all- risk" or equivalent policy form In the amount of the Initial contract price, plus value of subsequent contract modifications and cost of materials supplied or Installed by others, comprising total value for the entire Project at the site on a Page 15 of 18 Policy Endorsaments 1. Each Insurance policy to be furnished by CONTRACTOR shall Include the following conditions by endorsement to the policy. a. name the CITY as an additional insured as to all applicable policies; b. each policy shall require that 30 days prior to cancellation, non -renewal or any material change in coverage, a notice thereof shall be given to CITY by certified mail. If the policy is canceled for nonpayment of premium, only 10 days written notice to CITY Is required; c. the term "CITY" shall Include all authorities, boards, bureaus, commissions, divisions, departments and offices of the CITY and individual members, employees and agents thereof in their official capacities, and/or while acting on behalf of the CITY; d. the policy phrase "other insurance" shall not apply to the CITY where the CITY is an additional insured on the policy. 2, specs! Conditions a. Insurance furnished by the CONTRACTOR shall be in accordance with the following requirements: any policy submitted shall not be subject to limitations, conditions or restrictions deemed inconsistent with the Intent of the Insurance requiraments to be fulfilled by CONTRACTOR. The CITY's decision thereon shall be final; il. all policies are to be written through companies duly licensed to transact that class of insurance In the State of Texas; and Ill. all liability policies required herein shag be written with an `occurrence" basis coverage trigger. b. CONTRACTOR agrses to the following: CONTRACTOR hereby waives subrogation rights for loss or damage to the extent same are covered by Insurance. Insurers shall have no right of recovery or subrogation against the CITY, it being the Intention that the Insurance policies shall protect all parties to the contract and be primary coverage for all losses covered by the policies; li. companies issuing the insurance polices and CONTRACTOR shall have no recourse against the CITY for payment of any premiums or assessments for any deductibles, as all such premiums anti deductibles are the sole responsibility and risk of the CONTRACTOR; IT approval, disapproval or failure to act by the CITY regarding any insurance supplied by the CONTRACTOR (or any Subcontractors) shall not relieve the CONTRACTOR of full responsibility or llabil Ity for damages and accidents as set forth In the Contract Documents or this Agreement. Neither shall be bankruptcy, Insolvency or denial of liability by the insurance company exonerate the CONTRACTOR from liability; Page 17 of I9 'Ci.southlakc.tx,us Mail - 1535 Oak Lane Waterline Page 1 of 1 16CITY CAP SOUn—L ,KE 1535 Oak Lane Waterline. 1 message Steven Anderson <sanderson@ci.southlake.tx.us> Lindsey Jones<lindsey@simmonsestatehomes_com> Thu, Jul 18, 2013 at 3:13 PM To: Steven Anderson <snderson@ci.southlake.tx,us> Cc: Scott Simmons <scott@simmonsestatehomes.com> Steve, The waterline extension at 1535 Oak Lane is now complete. Per our agreement, we are requesting reimbursement for the costs associated with this work. Please have check made payable to Simmons Estate Homes I, LP in the amount of $28,177.00 Thank you, '�16vw Office Manager VIM. Simmons Estate Homes 3110 W. South lake Blvd., Suite 100 Southlake, TX 75092 Office 817.329.0207 Fax 817,329.6982 Sim mon sEstateHomes.com 2 attachments SKMBT_C22013071814121.pdf 499K lo SKMBT C22013071814120.pdf 324K Public Works Adrain-Eng Invoiced Work Completed Recommendesi For Payment Rom G g-ob . ect 12LOO , C:o�nmo ity ��'�• Date C.IP'4.MC M-U, Se'Q- ea9v- 11 o-F 7ch=inb0x&th=13 f... 7/ 18/201 bb PROPOSAL:McKeno Development Est.A Date:9-1743 Ta:Steve Anderson City of Southlake Enginsnr:Hamilt+on Duffy Specs:Clty of Southlake P.O. Box 470930 Fort Werth, Tx 76147 (SM 3434702 FAX: 817-887-222a Dose, Of Wark:Excavatlon, Paving, UNIiNes Locatian:Scuth[ake, Tx Job No.:1 REM DESCRIPTION . ... . OTY 1 UNIT - I PRICE -1 TOTAL YVATIER E'.. FUrnlsh and IfketaA 6" C90D Wateflln0 BOTOC WO1Cesin e48 LF Fumish and [netaT 0" C900 WaterPfrse 1 ee LF Reconnect Extstl Water Services B LerrdeceAsllrrI aum Re it ' 1 LS PROVISIONS INOLI�IONS: * WATERAND SEW ER UNES TO PROPERTY, LINE ' O"ITEAND OFF -SITE DISPOSAL OF ExcEss MATERw S, LAYOUTISURVEY IF ELECTED TRAFFIC CONTROL SWPPP MATERIALS EQUIPMENT PROVIDE BRICK LMUE ON HEADWALLS SEEDING STURCTURAL EXCAVATIONFILL FOR HOUSE PAD 4" WMAC OR DECOMPOSED GRANITE FOR DRIVE SURFACE 2" HDPEWATERUNE FROM ROW TO RESIDENCE EXCLUSIONS! ' ANYPERMFTS, 34VAY CONTRACT, INSPECTION FEES AND IMPACT FEES * ENGINEERTN=ESIGN MATERIALS TESTING UNLESS ELECTED NOTES: `QUANTTT w ARE ESTIMATES ONLY. FINAL PAYMENTTO BE MADE ON MEASURED QUANTITIES UPON COMPLETION. * QUOTE BASED ONALL ENGINEERING, GRADES, AND ALIGNMENTS BEING FURNISHED BYTHE OWNEFL ' THIS QUOTATION IS EFFECTIVE FOR THIRTY (30) DAYS FROMT1iE EFFECTIVE DATE OF THIS QUOTATION. • SUBJWTTO CANCELLATION IF NATIONAL EMERGENCYSHOULD CAUSE MATERIALTO BECOME UNAVAI A ILE, ' THIS PROPOSAL MAY BECOME INCORPORATED AS AN AMi NOEMENT INTO A SUBCONTRACTOR WITH PC CONTRACTORS LLCAS THE GENERAL CONTRACT Submitted By, Chase Patterson Project Manager Accepted By: Name & TIVe Page 1 of 1 226.90 $ 10,891.20 22.93 $ 4,284,98 T,312.00 $ 6,660,00 6,401.00 S 6,461.00- Tots! I