Contract - Celina Partners, LTD - 6/22/2023 DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF ROUND ROCK,TEXAS
AND
CELINA PARTNERS, LTD. JJ
Ma
This Development Agreement is made and entered into this 'day ofJUN6, 2023,
by and between the City of Round Rock, Texas (the "City"), a Texas home rule municipality,
and Celina Partners, Ltd. ("the Developer"), a Texas limited partnership.
WHEREAS, the Developer is developing approximately 15.26 acres of property in the
City of Round Rock, known as the Westview South PUD, as shown in Exhibit "A" (Property"),
attached hereto; and
WHEREAS,the City is in the process of designing and constructing S Kenney Fort Blvd.,
Segments 2 and 3 ("Roadway Project")along the Property; and
WHEREAS, on April 13, 2023, the Round Rock City Council resolved to authorize the
Mayor to execute Change Order No. 6 with J.D. Abrams, LP for the Roadway Project, which
included the addition of left turn lane,median opening,and right turn lane; and
WHEREAS,the Developer,as consideration for Roadway Project improvements that will
benefit Developer,shall reimburse the City for costs incurred by the City for Change Order No. 6;
and
WHEREAS, the purpose of this Agreement is to outline each Party's duties and
obligations;
NOW, THEREFORE, in consideration of the mutual covenants and conditions herein
contained,the Parties agree as follows:
I.
1. Recitals.The recitals set forth above are incorporated herein for all purposes and are found
by the Parties to be true and convect. it is further determined that both Parties have authorized and
approved this Agreement, and that this Agreement will be in full force and effect when executed
by each Party.
2. Property Description. The property ("Property") is shown on Exhibit "A", attached
hereto.
3. Reimbursement Costs. Reimbursement Costs shall include all costs related to Change
Order No. 6 required for the Roadway Project as estimated and shown on Exhibit "B", attached
hereto.
4. City Participation. The City shall be wholly responsible for the design and construction
of the Roadway Project.
T�- 2a3 - [q3
5. Developer Participation. Developer agrees to reimburse the City One Hundred and
Fifty-Five Thousand,Four Hundred and Sixty-Five and 13/100 Dollars($155,465.13)towards
the cost of the Project. The aforesaid reimbursement shall be due and owing to the City within
thirty(30)days after receipt of written notice from the City.
II.
Miscellaneous
I. Prior Written Agreements.This Agreement is without regard to any and all prior written
contracts or agreements between the City and Developer regarding any other subject or matter,
and does not modify, amend, ratify,confirm or renew any such other prior contract or agreement
between the Parties.
2. Other Services. Nothing in this Agreement shall be deemed to create, by implication or
otherwise, any duty or responsibility of either of the Parties to undertake or not to undertake any
other,or to provide or to not provide any service,except as specifically set forth in this Agreement
or in a separate written instrument executed by both Parties.
3. Governmental Immunity. Nothing in this Agreement shall be deemed to waive, modify
or amend any legal defense available at law or in equity to either of the Parties, nor to create any
legal rights or claims on behalf of any third party.Neither the City nor Developer waives,modifies,
or alters to any extent whatsoever the availability of the defense of governmental immunity under
the laws of the State of Texas and of the United States.
4. Amendments and Modifications. This Agreement may not be amended or modified
except in writing executed by both the City and Developer, and authorized by their respective
governing bodies.
S. Severability. If any provision of this Agreement shall be held invalid or unenforceable by
any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any
other provision hereof,but rather this entire Agreement will be construed as if not containing the
particular invalid or unenforceable provision or provisions, and the rights and obligations of the
Parties shall be construed and enforced in accordance therewith. The Parties acknowledge that if
any provision of this Agreement is determined to be invalid or unenforceable, it is their desire and
intention that such provision be reformed and construed in such a manner that it will, to the
maximum extent practicable, to give effect to the intent of this Agreement and be deemed to be
validated and enforceable.
6. Gender, Number and Headings. Words of any gender used in this Agreement shall be
held and construed to include any other gender, and words in the singular number shall be held to
include the plural,unless the context otherwise requires.The headings and section numbers are for
convenience only and shall not be considered in interpreting or construing this Agreement.
7. Execution in Counterparts. This Agreement may be simultaneously executed in several
counterparts,each of which shall be an original and all of which shall be considered fully executed
as of the date above first written, when all parties have executed an identical counterpart,
notwithstanding that all signatures may not appear on the same counterpart.
2.
8. Entire Agreement, This Agreement is the entire Agreement between the parties with
respect to the subject matter covered in this agreement. There is no collateral oral or written
agreement between parties that in any matter relates to the subject matter of this Agreement.
9. Governing Law. This Agreement shall be governed and construed in accordance with the
laws of the State of Texas,without giving effect to any conflicts of law rule or principle that might
result in the application of the laws of another jurisdiction. Venue for any action concerning the
Agreement shall be in Williamson County,Texas.
10. Assignment.This Agreement may not be assigned without the written consent of the City.
11. Authorized to Bind.The persons who execute their signatures to this Agreement and any
certifications related to this Agreement represent and agree that they are authorized to sign and
bind their respective parties to all of the terns and conditions contained herein.
12. Notice.All notices shall be in writing and shall be deemed effective within three (3) days
after being sent by certified or registered mail to the addresses listed below:
DEVELOPER: Celina Partners, Ltd.
4406 Lively Ln
Dallas,Texas 75220
CITY: City of Round Rock
221 East Main Street
Round Rock,Texas 78664 Attn:
City Manager
With a copy to: Stephanie Sandre, City
Attorney Sheets& Crossfield,
P.L.L.C. 309 East Main Street
Round Rock,Texas 78664
Stephan ie(a.scrrlaw.com
[Signatures on the following page.]
3.
IN WITNESS WHEREOF,City and Developer have executed this Agreement on the dates
indicated.
City of Round Rock,Texas Celina Partners,Ltd.
Craig Morg n, ay Printed ame:
Title:
Date Signed: 22. 2 Date Signed:--API,7.3
Attest: Attest:
By: By:iw
Meagan Spin s, *ityerk rAo,vz K,A54-6'
For City,Approved as to Form:
By• _
Steph hie L. Sandre,City Attorney
4.
EXHIBIT A
PROPERTY
]See Attached]
S.
Exhibit "A"
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EXHIBIT B
REIMBURSEMENT COSTS
[See Attached]
6.
Exhibit "B"
Page I of
Contract Quantity Adjustment/Change Order
rep..Ot)t6
Department: Department of Transportation
Project
Name: Kenney For,Sect.2&3 Date: 3/8/23_
City Project Change Order/Quantity
ID Number STP 2021(745)MM Adjustment No. 6
Vendor J.O.Abrams,LP 5811 Trade Center Dr.Bldg 1,Austin,TX 78744 512-322-4000
Company Name Address Phone No.
Justification
Quantity Adjustment:Change Order Is adding an additional left tum-lane Southbound and an additional right turn-lane Northbound. Center median will be opened to
account for SO left tum-lane.
Change Order-Prior to 3rd Party Developer requesting these additional tum•lanes,JD Abrams had installed existing drainage at this location. Change Order will need to
accontrnodate existing Roadway,Drainage,Illumination,Erosion Control Bid Items(overrun/underrun)as well as additional work to remove&relocate the pipe that has
n ingalled.
SUMMARY _Amount %Change
Original Contract Price: F $23,409,120.97
Previous Quantity Adjustment(s). $207,613,28
This Quantity Adjustment: $47,264.58
Total Quantity Adjustment(s): 5254,877.86
Total Contract Price with QuantityAdjustment(s): 123,663,998.83
Previous Change Order(s): $2,363,021.08 10%
This Change Order: $108,200.55 0%
Total Change Order(s)To Date: $2,471,221.63 10%
Adjusted Contract Price (Original Contract Price Plus Quantity Adiustment(s)Plus Change
Order(s)): $26 135,2 00.46 12%
Difference between Orginal and Adjusted Contract Prices: $2,726,099.49
Original Contract Time: 450
Time Adjustment try previous Quan.Acj./Change Order: 106
Time Adjustment by this Quan.Adf/Change Order: 19
New Contract Time: 575
Prepared By: Joe Hernandez,Project Manager,J.D.Abrams,IP 3/8/23
S ture Printed Name,Title,Company Date
61A '
Contractor:
S re Printed Name,Title,Company Date
City Project 7
manaonr: > L- E'f O 3
Signature Printed Name,Tide D
Mayor/City
Manager
Signature Printed Name,Title Date
Exhibit "6"
Contract Quantity Adjustment/Change Order
ProJKt Name Kenney Fort Sect.2&3
Quan.Ad)./Change Order No-: 6
Chan Order Data
Contract
Time
Adjustment
Item At ItemIIII&M mo n unit unit Price Atatt s
s r.we
Remove Existing Storm Drain Pipe&Inlets+Reset $0. $0.00
Remove&Stage Inlets Sea LS 1 $6,179.46 $9,420,46 3
Remove RCP J1221 &8ackfill Trench 6"Lihs LS 1 $10,680.80 $13,921.80
Excavate/Set/BackfillInlets(3ea) Excavating in Rock LS 1 $12,SSI.2S $15,792 25 4
Excavate/La /8ackfill 24"RCO 122-LF ltxcavavng in Rock LS 1 $13,109.00 $16,349.00
Remove&Replace Inlet Inverts Sea LS 1 $1,006.00 $4,247.01
Remove Excess Trees/Shrubs LS 1 $2,893.82 $6,134.83 1
inneficiency due to Small Quantities LS 1 $39,094.19 $42,335.20 4
$0.00
$0.00
$0.00
WOO
$0.00
$0.00
so.00
so.00
$0.00
$0.oa
s0.00
--- $0.00
$0.00
$0.00
$ .
65
$0.00
o.oa
Exhibit "B"
fn— Contract Quantity Adjustment/Change Order
m.01/16
Project Name: Kenney Fort Sect.2 6 3
Quan.Adj./Change Order No.: 6
w Ad ustment Data
Contract
Time
Adjustment
Did Item+M Item Description Unit Qty, Unit Price Amount D
ROADWAY
6 EXCAVATION(ROADWAY) CY 897 $5.00 $4,485,00
7 EMBANKMENT FINAL ORD COMP TY B CY -462 S8.00 $3,696 00
8 FL BS tCMP IN PLC TY A GR S FNAL POS CY 6" $0.01 $6.44
9 LIME HYDRATED LIME SLURRY TON 3 $150,00 .$450.00
30 LIME TAT SUBGRADE)f12" SY ill $4.00 -$444.00
11 PRIME COAT MULTI OPTION GAL 194 $4.00 $776.00
28 COLORED TEXTURED CONC S-) SY 74 $85.00 $6,290.00
29 ICONIC CURB&GUTTER TY Ill LF 94 $18.00 •$1,692.00
40 IN SM RO SN SUP&AMTY108WG 1 SA(P) EA 2 $545.90 $1,091.30
57 REFL PAV MAX TY I W 8"SLO 090MI1 LF 330 5S.10 $1,683,00
60 REFL PAV MRK TYI W ARROW 090MIL) EA 4 $154.50 $618.00
62 REFL PAV MAX TY I W WORD 090MIL EA 4 $154.50 $628.00
72 REFL PAV MRKR TYII-C-R EA 16 $3.61 $57.76
80 D-GR HMA TY 8 PG64-22 TON 375 $73.00 $27,375.00
81 D-GR HMA TY D PG76-22 TON 119 $97.00 $11,543,00
82 TACK COAT GAL 87 $4.0 $348.00
8S GEOGRID BASE REINFORCEMENT TY II SY 966 $I-rlo $1,545.60
DRAINAGE
104 RC PIPE CL III 24 IN LF 1 $70. $70.00
ILLUMINATION
194 CONDT PVC`SCH 40 2" LF 9 $]66S
$74.16
147 ELEC CONDR NO.6 BARE LF 9 $ $14.85
148 ELEC CONDR N0.6 INSULATED LF 18 $ 537-08
EROSION CONTROL
197 FURNISHING AND PLACING TOPSOI 4' SY -1755 $ $1,702.35
198 BROADCASTSEED(PERM URBAN CLAY SY 17S5 $ -$W8.95
199 BROADCAST SEED'TEMP WARM SY -878 S0.29 -$2S4.48
200 BROADCAST SEED'TEMP COOL SY 1 -878 $0.29 -$2S4.48
201 VEGETATIVE WATERING MG 123 $5,00 -$613.85
214 BIODEG EROSN CONT LOGS INSTL) 8" LF 38 $6 00 5228.00
216 BIODEG EROSN CONT LOGS(REMOVE) LF 38 $0.$0 $19.00
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