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
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C. LAW COMPLIANCE
Developer hereby agrees to comply with all federal, state, and local laws
that are applicable to development of this Addition.
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-
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
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LerrdeceAsllrrI aum Re it
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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