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HomeMy WebLinkAbout030506 ORD - 05/19/2015 ORDINANCE AUTHORIZING EXECUTION OF A WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT ("AGREEMENT") WITH PALM LAND INVESTMENT, INC., ("DEVELOPER"), FOR THE CONSTRUCTION OF A WASTEWATER COLLECTION LINE AND APPROPRIATING $245,864.14 FROM THE NO. 4220 SANITARY SEWER COLLECTION LINE TRUST FUND TO REIMBURSE THE DEVELOPER IN ACCORDANCE WITH THE AGREEMENT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute the attached wastewater collection line extension construction and reimbursement agreement ("Agreement") with Palm Land Investment, Inc., ("Developer"), for the extension of a 12-inch wastewater collection line, including all related appurtenances, for the development of Sandy Creek Subdivision, in Corpus Christi, Nueces County, Texas. SECTION 2. Funding in the amount of $245,864.14 is appropriated from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the Developer for the construction of the wastewater collection line improvements in accordance with the Agreement. The foregoing 9fdinance was read for the first time and_passed to its second reading on this the may of `-(\( c , 20 I tby the following vote: Nelda Martinez att Brian Rosas _alAOL Rudy Garza Lucy Rubio I Chad Magill Mark Scott I . A Colleen McIntyre Carolyn Vaughn / ! Lillian Riojas The foreg ordinance w s read for the second time and passed finally on this the �9tday of _ - d , 20 (S, by the following vote: Nelda Martinez & .4V Brian Rosas Rudy Garza ,�.. Lucy Rubio 41-1Y— Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas 030506 INDEXED PASSED AND APPROVED this the C' day of PA CU , 20 1 5 ATTEST: Rebecca Huerta Nelda Marti City Secretary Mayor 030506 WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Wastewater Collection Line Extension Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, and Palm Land Investment Inc., ("Developer/Owner"), a Texas Corporation. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on October 9, 2013 to develop a tract of land, to wit: approximately 60.18 acres out of lots 3, 4 & 5, Section 27, Flour Bluff& Encina) Farm & Garden Tracts, known as Preliminary Plat of Sandy Creek, located along the south side along Holly Road; east of Rodd Field Road and west of Encino Drive, as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement. WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the wastewater collection line extension ("Wastewater Extension"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Wastewater Extension; WHEREAS, it is to the best interest of the City that the Wastewater Extension be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.2.E.2 of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when funds become fully available in the Wastewater Collection Line Trust Fund and are appropriated by the City Council; and WHEREAS, the Developer/Owner has submitted an application for reimbursement of the costs from the Wastewater Collection Line Trust Fund for installing the Wastewater Extension, as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION. Developer/Owner shall construct the Wastewater Extension in compliance with the City's UDC and under the plans and specifications approved by the City's Development Services Engineer. 2. PLANS AND SPECIFICATIONS. a. Developer/Owner shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the Wastewater Extension, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following basic design: 1. Install 1902 linear feet 12-inch PVC pipe; 2. Install 1902 linear feet trench safety; 3. Install two (2) 4-foot diameter manholes(9-11 feet depth); 4. Install three (3) 4-foot diameter manholes (11-13 feet depth); 5. Install two (2) 5-foot diameter manholes (13-15 feet depth); 6. Install 115 linear feet 20- inch steel casing and boring (Ennis Joslin); 7. Dewatering; 8. Connect to existing manhole (15' approximate depth); 9. Traffic control; b. The Wastewater Extension must begin at the new proposed wastewater manhole at the southeast corner of Flour Bluff and Encinal Farm Garden Tract 60.18 acre tract and extend approximately 1902 linear feet east along the south side of Los Arboles at Terra Mar Unit 2 and Monte Verde at Terra Mar Unit 2 Subdivisions. c. The plans and specifications must comply with the City's Wastewater Standards Detail Sheets and Standard Specifications. d. Before the Developer/Owner starts construction, the plans and specifications must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS. Prior to the start of construction of the Wastewater Extension, Developer/Owner shall acquire and dedicate to the City the required additional public utility easements ("Easements"), if any, necessary for the completion of the Wastewater Extension. If any of the property needed for the Easements is owned by a third party and the Developer/Owner is unable to acquire the Easements through reasonable efforts, then the City will use its powers of eminent domain to acquire the Easements. 4. PLATTING FEES. Developer/Owner shall pay to the City the required acreage fees and pro- rata fees as required by the UDC for the area of the Wastewater Extension. 5. DEVELOPER/OWNER TO AWARD CONTRACT FOR IMPROVEMENTS. Developer/Owner shall award a contract and complete the Wastewater Extension, under the approved plans and specifications, by April 28, 2016. 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties and obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. WW Reimb Agmt Palm Land Investment,Inc-Sandy Creek vFinal.doc Page 2 of 8 Standard Form Wastewaster Collection Line Reimbursement Agreement Template Version 1.0 4.1.15 8. DEFAULT. The following events shall constitute default: a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services and to the Development Services Engineer by the 60th calendar day after the date of approval of this Agreement by the City Council. c. Developer/Owner fails to award a contract for the construction of the Wastewater Extension, according to the approved plans and specifications, by the 90th calendar day after the date of approval of this Agreement by the City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the Wastewater Extension under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the Wastewater Extension, under the approved plans and specifications, on or before April 28, 2016. f. Either the City or the Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. 9. NOTICE AND CURE. a. In the event of a default by either party under this Agreement, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period")to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. d. Should the Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Developer/Owner, at the address stated in section 11, of the need to perform the obligation or duty and, should the Developer/Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Developer/Owner by reducing the reimbursement amount due to the Developer/Owner. e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default; WW Reimb Agmt Palm Land Investment,Inc-Sandy Creek vFinal.doc Page 3 of 8 Standard Form Wastewaster Collection Line Reimbursement Agreement Template Version 1.0 4.1.15 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this Agreement and charge the cost of such performance to the Developer/Owner. The Developer/Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Developer/Owner receives notice of the cost of performance. In the event the Developer/Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer/Owner has all its remedies at law or in equity for such default. 10. FORCE MAJEURE. a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 11. NOTICES. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: 1. If to the Developer/Owner: Palm Land Investment, Inc. Attn: Dan Caballero 5949 La Costa Corpus Christi, Texas 78414 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 WW Reimb Agmt Palm Land Investment,Inc-Sandy Creek vFinal.doc Page 4 of 8 Standard Form Wastewaster Collection Line Reimbursement Agreement Template Version 1.0 4.1.15 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 b. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change the address for notices by giving notice of the change under the provisions of this section. 12. THIRD PARTY BENEFICIARY. Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Wastewater Extension, contracts for testing services, and contracts with the contractor for the construction of the Wastewater Extension must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS. Developer/Owner shall, before beginning the work that is the subject of this Agreement, execute a performance bond if the contract is in excess of$100,000 and a payment bond if the contract is in excess of$25,000. The performance and payment bonds must comply with Texas Government Code, Chapter 2253. 14. WARRANTY. Developer/Owner shall fully warranty the workmanship of and function of the Wastewater Extension and the construction of the Wastewater Extension for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services and Development Services Engineer. 15. REIMBURSEMENT. a. Subject to the conditions for reimbursement from the Wastewater Collection Line Trust Fund and the appropriation of funds, the City will reimburse the developer, the reasonable actual cost of the Wastewater Extension up to an amount not to exceed $245,864.14 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. The City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The reimbursement will be made no later than 30 days from the date of the invoice. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement Exhibit 5. c. To be eligible for reimbursement, the work must be completed in a good and workmanlike manner and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. WW Reimb Agmt Palm Land Investment,Inc-Sandy Creek vFinal.doc Page 5 of 8 Standard Form Wastewaster Collection Line Reimbursement Agreement Template Version 1.0 4.1.15 d. In the event that this Agreement is terminated by the City as a result of an uncured default by the Developer/Owner and at a time when there has been a partial completion and/or partial payment for the improvements, then the City shall only reimburse the Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that the uncured default occurred. 16. INDEMNIFICATION. DEVELOPER/OWNER SHALL FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, OFFICIALS, EMPLOYEES, AND AGENTS ("INDEMNITEES") FROM AND AGAINST ALL SUITS, CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, EXPENSES, LIABILITY, DAMAGES AND JUDGMENTS RECOVERED FROM OR ASSERTED AGAINST CITY FOR ANY AND ALL PROPERTY DAMAGE OR INJURIES SUSTAINED BY ANY PERSON, INCLUDING WITHOUT LIMITATION, WORKERS' COMPENSATION, PERSONAL INJURY OR DEATH, ARISING FROM OR INCIDENT TO, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION OF THE WASTEWATER EXTENSION. 17. COVENANT RUNNING WITH THE LAND. This Agreement is a covenant running with the land, to wit: approximately 60.18 acres out of lots 3, 4, & 5, Section 27, Flour Bluff& Encinal Farm &Garden Tracts, a subdivision in Corpus Christi, Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Developer/Owner's successors or assigns. 18. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. 19. DISCLOSURE OF INTEREST. Developer/Owner agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Interest form attached to this Agreement as Exhibit 6. 20. EFFECTIVE DATE. This Agreement becomes effective and is binding upon and inures to the benefit of the City and the Developer/Owner and their respective heirs, successors, and assigns from and after the date of final execution by all parties. 21. AUTHORITY. The person signing this Agreement on behalf of each of the parties represents, warrants, and guarantees that they have authority to act on behalf of the party and make this Agreement binding and enforceable by their signature. EXECUTED IN ONE ORIGINAL this day of , 20_ WW Reimb Agmt Palm Land Investment,Inc-Sandy Creek vFinal.doc Page 6 of 8 Standard Form Wastewaster Collection Line Reimbursement Agreement Template Version 1.0 4.1.15 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Gustavo Gonzalez City Secretary Assistant City Manager, designee of the City Manager APPROVED AS TO FORM: , 2015. Julian Grant, Senior Assistant City Attorney For the City Attorney OWNER: Palm Land Investment, Inc. By: Dan Caballero, President STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on , 2015, by Dan Caballero, President, Palm Land Investment, Inc., a Texas Corporation, on behalf of said corporation. Notary Public's Signature WW Reimb Agmt Palm Land Investment,Inc-Sandy Creek vFinal.doc Page 7 of 8 Standard Form Wastewaster Collection Line Reimbursement Agreement Template Version 1.0 4.1.15 OWNER: Palm Land Investment, Inc. By: Maria E. Caballero, Vice President STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on , 2015, by Maria E. Caballero, Vice President, Palm Land Investment, Inc., a Texas Corporation, on behalf of said corporation. Notary Public's Signature WW Reimb Agmt Palm Land Investment,Inc-Sandy Creek vFinal.doc Page 8 of 8 Standard Form Wastewaster Collection Line Reimbursement Agreement Template Version 1.0 4.1.15 • t i �r --rte OF .� O C 3 I .w� , 1_. .-.r 4 r .-, , - • a 1'I a T SANDY CREEK �... `"'"°` -. - = .. _ �tAC^^-"�^ - I I rys RE-PLAT OF 60.18 ACRES OUT OF LOTS 4.71,,,,,,,,,,,,__ rret-La.,�.�,. rm ..-...4,444,OL-Gr..., _. ,-c:1:5.,T1. filonrIMINAGES.11 ... • 3,4&5,SECTION 27,FLOUR BLUFF& ENCINAL FARM&GARDEN TRACTS, 'N 1 CORPUS CHRISTI,NUECES COUNTY,TEXAS <v i L"_ i i C I ,-- wr'na�w 44'''''-'"'—'44-'4-7-'-47'' s 7477''-7-`7"--'7-"----`---- #+y - q -. . r sk } � a f w •Y. " '.4141181467e293-051111144: 1. dr LI I`S�t, l S ' 3. 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It . a 1 $fit l• ,s . 11%, F.t �r . rt • � . _ nwE a r. - I ., _ _ � �is _� -� �� k 4ti 1 ", ;1` _ r I 'I I ' Exhibit 1 APPLICATION FOR WASTE WATER REIMBURSEMENT We, Palm Land investment, Inc., 5949 La Costa, Corpus Christi,TX 78414, owners and developers of proposed re-plat of 60.18 acres out of Lost 3, 4&5,Section 27, Flour Bluff&Encinal Farm&Garden TRS, Corpus Christi, Nueces County,Texas, hereby request reimbursement of$245,864.14 for the installation of the waste water f trunk line in conjunction with said lot, as provided for by City Ordinance No. 17396. $598,533.04 is the construction cost, including 9%Engineering and Surveying, as shown by the cost supporting documents attached herewith. 3(0 51eor.5- , an Caba ero, President Date Palm Land Investment, inc. THE STATE OF TEXAS§ COUNTY OF NUECES § This instrument was acknowledged before me on Milk(I+ 2 %141 , 2015, by ! - 0 i364LLa0 (Name), 1142- P2 S) VRTitle),Jh� of Palm Land Investment, Inc., a Texas Corporation, on behalf of the said corporation. 1_AQ 1k 2.(011,4 Not Public in and fore Statof Texas t,r;reN. JUNE A.FIEd1G Not Public,Stale of texasCCL€4 & 3/Z5/e0/5— Match 7Myes 3 G5/e0/c �- c,, Maria E. Caballero,Vice President Date Palm Land Investment, Inc. THE STATE OF TEXAS§ COUNTY OF NUECES § Thissiinstrument was acknowledged before me on IYJAkcil a 5`?h , 2015, by 11/ / j 011604-li gn (Name), PR iDEN) (Title), of Palm Land Investment, Inc., a Texas Corporation, on behalf of the said corporation. qis • LJAO a w o,q _i.e..'t JUNE A.FIESIG No Public in and for the Statefof Texas Notary Public.Stole ot Texas $ ' 4' tih► 't 2oExPage 1 of 3 March �pires Exhibit 2 CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) Sufficiency of funds in the Sanitary Sewer Collection Line Trust Fund, and (b)Appropriation and approval by the City Council. /.. 6,.. ------r,te_4_ Lob fro 1c Development Services Engineer Date Exhibit 2 Page 2 of 3 APPLICATION FOR WASTE WATER CREDIT We, Palm Land Investment, Inc., 5949 La Costa, Corpus Christi, Texas, 78414, owners and developers of proposed re-plat of 60.18 acres out of Lost 3, 4& 5, Section 27, Flour Bluff & Encinal Farm & Garden TRS, Corpus Christi, Nueces County, Texas, hereby apply for $99,822.00 credit towards the waste water lot fee for the collection line extension in conjunction with said subdivision as provided for by City Ordinance No. 17396. $598,533.04 is the construction cost, including 9% Engineering and Surveying, as shown by the cost supporting documents alta ed herewith. c/Nc an Caballero, President Date Palm Land Investment, Inc. THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me onaC 1i /77/M,4CN , 2015, by ,bl4A) C14$.9L1Fj_fi (Name), PREs, Au i (Title), of Palm Land Investment, Inc., a Texas Corporation, on behalf of the said corporation. n a V t e N ry Public in and for the State df Texas oQ'. JUNE A.FIEBIG / t 4_'f Notary public.State Of Texas +NV mmsslon Expires \ ..r 'fj' j 5 2°/Ctitch 21,2018 I Maria E. Caballero, Vice President ate. Palm Land Investment, Inc. THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on a 5iA /7J/9-LC LH , 2015, by 172Q1E C'A41-LERO (Name),0c6- PRE.Sit lJi (Title), of Palm Land Investment, Inc., a Texas Corporation, on behalf of the said co ••ration. JUNE A.Films 1,f,/LQ /j,!j Ltr Notonptill stateat xa btic in and for the State of Texas My commission Expire. Notary March 21.2018 Exhibit 2 Page 3 of 3 §.�. |__ \ ƒ \ \ / 1PL:t;.;:.?... } \ 2 _ { « ' . ?2 - \ . % j/ « . < . ]\\• \ - « « ? . \ � ^ } : . r ? < . : --- = -- � -- y y , /' \ : ^ . g! \� i \ d 51/ !, \ / \ \ } ƒ 2 } / t } ƒ \ \. / » - \ . ƒ �% ft ' i < } � »8 \ / :\ V. rXn ` 6 : § ! / ! ° \ ; \� - . § i \ i ^ , . 9!‘!. ! /m , �� � ��n_�gInc m\! __-_-_._.__ ._ , \ , SANDY CREEK_��RREIMBURSEMENT -___ _2 Engineer Estimate of Project Costs Title: Sandy Creek-Full Development Costs Owner: Palm Land Investments,Inc. Contact: Dan Caballero a Address: 5949 La Costa Naismith Corpus Christi,Texas 78414 Engineering,Inc Phone: (361)765-2166 4501 Goulna Road. Corpus Christi,TX 78411 Engineer: Craig Thompson,P.E. 361-814-9900 Fax 361-814-4401 Address: 4501 Gollihar Road Corpus Christi,Texas 78411 Property Size: 60+1-Acres Phone: (361)814-9900 Date of Estimate: July 11,2014 ON-SITE DEVELOPMENT COSTS A. Storm Water Pollution Prevention ITEM NO. DESCRIPTION QUANTITY UNIT CONTRACT UNIT TOTAL COST PRICE 1 Reinforced Filter Fabric Fence 12,275 LF $3.75 $46,031.25 2 Stabilized Construction Entrance 3 LS $2,000.00 $6,000.00 3 Inlet Protection Barriers 31 EA $200.00 $6,200.00 4 Manhole Protection Barriers 2 EA $100.00 $200.00 5 Post Construciton Seeding 3 LS $6,000.00 $18,000.00 A. Storm Water Pollution Prevention Subtotal: $76,431.25 B. Site Preparation and Improvements CONTRACT UNIT ITEM NO. DESCRIPTION QUANTITY UNIT PRICE TOTAL COST 6 Moblization and Demobilization 3 LS $13,000.00 $39,000.00 7 Site Grading 27,000 CY $8.00 $216,000.00 B. Site Preparation and Improvements Subtotal: $255,000.00 C. Sanitary Sewer Improvements ITEM NO. I DESCRIPTION CONTRACT UNIT 11 QUANTITY UNIT PRICE TOTAL COST 8 0'-5'Deep-8"PVC Sanitary Sewer 1,800 LF $65.00 $117,000.00 _ 9 5'-9'Deep-8"PVC Sanitary Sewer 5,250 LF $85.00 $446,250.00 10 9'-11'Deep-12"PVC Sanitary Sewer 1,750 LF $115.00 $201,250.00 11 OSHA Trench Safety 8,800 LF $6.00 $52,800.00 12 4'Diameter Manhole(0'-5'depth) 8 EA $5,500.00 $44,000.00 13 4'Diameter Manhole(5'-9'depth) 18 EA $7,000.00 $126,000.00 14 4'Diameter Manhole(9'-11'depth) 6 EA $7,000.00 $42,000.00 15 Sanitary Sewer Service Connections-Single 298 EA $1,250.00 $372,500.00 16 Dewatering/Well Pointing 1,750 LF $35.00 $61,250.00 17 Connect to existing MH 8 LS $9,500.00 $76,000.00 C. Sanitary Sewer Improvements Subtotal: $1,539,050.00 D. Water Improvements CONTRACT UNIT ITEM NO. DESCRIPTION QUANTITY UNIT PRICE TOTAL COST 18 PVC Pressure Pipe-8" 7,972 $25.00 $199,300.00 19 Gate Valve-8" 35 $1,200.00 $42,000.00 20 Ductile Iron Fittings-8" 23 $500.00 $11,500.00 21 Fire Hydrant [ 16 $4,600.00 $73,600.00 22 Water Service Connection-Single 14! $1,000.00 $14,000.00 23 Water Service Connection-Double 142 $1,250.00 $177,500.00 24 Connection to Existing Waterline 8 $2,500.00 $20,000.00 D. Water Improvements Subtotal: $537,900.00 E. Storm Sewer Improvements ITEM NO. DESCRIPTION I QUANTITY I UNIT I CONTRACTPRICE UNIT TOTAL COST 25 18"Reinforced Concrete Pipe Culvert 1,670 LF $62.50 $104,375.00 26 24"Reinforced Concrete Pipe Culvert 2,020 LF $75.00 $151,500.00 27 36"Reinforced Concrete Pipe Culvert 120 LF $95.00 $11,400.00 28 42"Reinforced Concrete Pipe Culvert 120 LF $75.00 $9,000.00 29 5'Curb Inlets 52 EA i $2,750.00 $143,000.00 30 24"Headwall/Outfall 10 EA $4,500.00 $45,000.00 31 36"Headwall/Outfall 4 EA • $5,500.00 $22,000.00 32 42"Headwall/Outfall 6 EA $6,000.00 $36,000.00 E. Storm Sewer Improvements Subtotal: $522,275.00 Exhibit 4 Page 1 of 3 F. Street Improvements ITEM NO. DESCRIPTION QUANTITY UNIT CONTRACT UNIT TOTAL COST PRICE 33 1-1/2"HMAC including Prime Coat 34,700 SY $10.00 $347,000.00 34 6"Lime Stabilized Subgrade 39,150 SY $4.00 $156,600.00 35 8"Lime Stabilized Base 39,150 SY $8.00 $313,200.00 36 Curb and Gutter 20,350 LF $10.00 $203,500.00 37 Concrete Sidewalk 75,900 SF $4.50 $341,550.00 38 ADA Ramps 48 SF $1,000.00 $48,000.00 39 Traffic ControlV�w_� 2 LS $3,500.00 $7,000.00 F. Street Improvements'Subtotal: $1,416,850.00 Estimated On-Site Construction Costs: $4,347,506.25 Professional Services ITEM NO. (DESCRIPTION I FEE 1 Engineering(7.5%) _ $326,062.97 �_2 Topographic Surveying $35,000.00 3 Contract Administration i $45,000.00 4 Testing(0.5%) $21,737.53 Professional Services Subtotal: $427,800.50 TOTAL ESTIMATED ON-SITE COSTS: $4,775,306.75 OFF-SITE SANITARY SEWER COSTS A. Storm Water Pollution Prevention ITEM NO. DESCRIPTION QUANTITY UNIT CONTRACT UNIT TOTAL COST PRICE 1 Reinforced Filter Fabric Fence 1,900.00 LF $3.75 $7,125.00 2 -!Stabilized Construction Entrance i 2.00 LS $2,000.00 $4,000.00 3 ,Post Construciton Seeding I i 1.00 LS , $3,000.00 $3,000.00 A. Storm Water Pollution Prevention Subtotal: $14,125.00 B. Site Preparation and Improvements ITEM NO. DESCRIPTION QUANTITY UNIT CONTRACT UNIT TOTAL COST PRICE 4 Moblization and Demobilization 1.00 LS $13,000.00 $13,000.00 5 Site re-Grading 1.00 LS $11,000.00 $11,000.00 B. Site Preparation and Improvements Subtotal: $24,000.00 C. Sanitary Sewer Improvements ITEM NO. DESCRIPTION QUANTITY UNIT CONTRACT UNIT TOTAL COST PRICE 2" VC Sanitary Sewer 6 11-13 p 112 PPPVC VC y Sewer Sewer 1,291.00 4200.00 LF $140.00 $180,740.00 LF $148.00 $62,160.00 8 Deep Sanitary LF $168.00 $32,088.00 9 OSHA Trench Safety 1,902.00 LF $5.99 $11,400.00 10 4'Diameter Manhole(9'-11'depth) 2.00 EA $10,000.00 $20,000.00 11 4'Diameter Manhole(11'-13'depth) 3.00 EA t $12,000.00 $36,000.00 12 4'Diameter Manhole(13'-15'depth) 2.00 EA $14,000.00 $28,000.00 13 20"Steel Casing and Boring(under Ennis Joslin) 115.00 LF $495.00 $56,925.00 14 Dewatering/Well Pointing 1,900.00 LF $35.00 $66,500.00 15 Connect to existing MH(15'aproximate depth) 1.00 LS $9,500.00 $9,500.00 16 Traffic Control 1.00 LS $3,500.00 $3,500.00 C. Sanitary Sewer Improvements Subtotal: $506,813.00 Estimated Off-Site Saniatry Sewer Construction Costs: $544,938.00 Professional Services ITEM NO. DESCRIPTION FEE 1 Engineering i $44,870.35 2 Topographic Surveying $6,000.00 4 Testing $2,724.69 Professional Services Subtotal: $53,595.04 TOTAL ESTIMATED OFF-SITE SANITARY SEWER COSTS: $598,533.04 TOTAL ESTIMATED PROJECT COSTS: $5,373,839.79 Exhibit 4 Page 2 of 3 Engineer Estimate of Project Costs Title: Sandy Creek-Off-Site Trunk Main Reimbursement Owner: Palm Land Investments, Inc. Contact: Dan Caballero 5949 La Costa Na ism ith Address: Corpus Christi,Texas 78414 Engineering,Inc Phone: (361)765-2166 4501 Gollihar Road, Corpus Christi,TX 78411 Engineer: Craig Thompson,P.E. 361-814-9900 Fax 361-814-4401 Address: 4501 Gollihar Road Corpus Christi,Texas 78411 Phone: (361)814-9900 Date of Estimate: August 13,2014 A. Storm Water Pollution Prevention ITEM NO. DESCRIPTION QUANTITY UNIT CONTRACT UNIT TOTAL COST PRICE 1 Reinforced Filter Fabric Fence 1,900.00 LF $3.75 $7,125.00 2 Stabilized Construction Entrance 2.00 LS $2,000.00 $4,000.00 3 Post Construciton Seeding 1.00 LS $3,000.00 $3,000.00 A. Storm Water Pollution Prevention Subtotal: $14,125.00 B. Site Preparation and Improvements CONTRACT UNIT ITEM NO. DESCRIPTION QUANTITY UNIT PRICE TOTAL COST 4 Moblization and Demobilization 1.00 LS $13,000.00 $13,000.00 5 Hauling/Site Re-Grading 1.00 LS $11,000.00 $11,000.00 B. Site Preparation and Improvements Subtotal: $24,000.00 C. Sanitary Sewer Improvements CONTRACT UNIT ITEM NO. DESCRIPTION QUANTITY UNIT PRICE TOTAL COST 6 19'711'Deep 712"PVC Sanitary Sewer • 1,291.00' LF $140.00 $180,740.00 7 111'-13'Deep-12"PVC Sanitary Sewer 420.00. LF $148.00 $62,160.00 8 13'-15'Deep-12"PVC Sanitary Sewer 191.00 LF $168.00 $32,088.00 9 OSHA Trench Safety 1,902.00 LF $5.99 $11,400.00 10 4'Diameter Manhole(9'-11'depth) 2.00 EA $10,000.00 $20,000.00 10 4'Diameter Manhole(11'-13'depth) 3.00 EA $12,000.00 $36,000.00 11 5'Diameter Manhole(13'-15'depth) 2.00 EA $14,000.00 $28,000.00 12 20"Steel Casing and Boring(Ennis Joslin) 1 115.00 LF $495.00 $56,925.00 13 Dewatering/Well Pointing 1,900.00 LF $35.00 $66, — 500.00_ 14 Connect to existing MH(15'aproximate depth) 1.00 LS $9,500.00 $9,500.00 -- 15 Traffic Control 1.00 LS $3,500.00 $3,500.00 C. Sanitary Sewer Improvements Subtotal: $506,813.00 Estimated Total Construction Costs: $544,938.00 Professional Services ITEM NO. DESCRIPTION FEE 1 Engineering $44,870.35 2 Topographic Surveying $6,000.00 4 Testing $2,724.69 Professional Services Subtotal: $53,595.04 Total Offsite Estimated Project Costs: $598,533.04 Lot Fee Credit for 254 Lots: $99,822.00 Letter of Intent for Agreed upon Wastewater System City Participation: $489,711.04 September 30,2014 Council Approved Partial Reimbursement#1: $243,846.90 Wastewater System City Participation, Partial Reimbursement#2: $245,864.14 Exhibit 4 Page 3 of 3 INSURANCE REQUIREMENTS CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on all Bodily injury and Property Damage certificates or by policy endorsement(s) Per Occurrence/aggregate COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence 1. Broad Form $2,000,000 Aggregate 2. Premises—Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal and Advertising Injury 8. Professional Liability(if applicable) 9. Underground Hazard(if applicable) 10. Environmental (if applicable) BUSINESS AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit 1. Owned 2. Hired&Non-owned 3. Rented&Leased WORKERS' COMPENSATION Which Complies With The Texas Workers' (for paid employees) Compensation Act And Paragraph II Of This Exhibit. EMPLOYER'S LIABILITY $500,000/$500,000/$500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, rented, or leased personal property for all perils. C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten(10) days of the accident. Exhibit 5 Page 1 of 3 II. ADDITIONAL REQUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law.The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An"All States endorsement shall be included for Companies not domiciled in Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract,and any extension hereof,at Contractor's sole expense,insurance coverage written on an occurrence basis,by companies authorized and admitted to do business in the State of Texas and with an A.M.Best's rating of no less than A-VII. C. Contractor shall be required to submit replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax# D. Contractor agrees that with respect to the above required insurance,all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers,officials,employees,volunteers,and elected representatives as additional insured by endorsement, or comparable policy language, as respects to operations, completed operations and activities of,or on behalf of,the named insured performed under contract with the City. • The "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers'compensation and employers'liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract.Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required,the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Exhibit 5 Page 2 of 3 G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations and completed operations and activities under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Exhibit 5 Page 3 of 3 City of Corpus Christi,Tens � � Dcpartmalt P.OoD9277 Services City a . Box 9277 �J Corgn Christi,Texas 78469.9277 Corpus (361)826.3240 Located at;2406 Leopard Street = E Christi (Corner or Leopard St.and Port Ave) fir/`oo Christi DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with"NA". NAME: /At, L N 2.voc--s,-Mc-+..r INNL STREET: S v/9 LA C617.11 CITY: Co.t Pus CN it c s rc ,i k ZIP: 76'//H FIRM is: LEI Corporation 0 Partnership ❑Sole Owner ❑Association 0 Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm". Name Job Title and City Department(if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm". Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an `ownership interest" constituting 3%or more of the ownership in the above named"firm". Name Board,Commission,or Committee 1/4 4. State the names of each employee or officer of a"consultant"for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an"ownership interest"constituting 3%or more of the ownership in the above named"firm". Name Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: M R2 r.t C. CAJ 4 11 1'40 Title: ("ICC; Pe e-s z btr.+.r (Print) Signature of Certifying Persoc -� � C 4s'9 Date: Z .-D/J-"- X DEVEWPMENTSVISISHAREDILANDDEVELOPMENttORDJNANCEADMINISTRATIOMAPPGCATIONFORMSIFO*MSASPERIEGAt.120121DISCLOSUREOFINTERESTS STATEMENTI37.12.120C Page 1 of 2 Exhibit 6 DEFINITIONS a. "Board Member". A member of any board,commission or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Employee". Any person employed by the City of Corpus Christi,Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service,including but not limited to,entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which,for purposes of taxation,are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers,Department and Division Heads and Municipal Court Judges of the City of Corpus Christi,Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. KVIEVELOPMENTSVTSISRARED1IAND DEVELOPMENTIORDII ANCE ADMINISTRATIONUPPUCAT1ON FORMSWORMS AS PER LEGAL1201TDISCLOSURE Of INTERESTS STATE/4E141.2712.DOC Exhibit 6 Page 2 of 2 City of Corpus Christi,Texas Department of Development Semites City Of P.O.Box 9277 Capin pw Christi.Texas 78469.9277 _ Corpus (361)826-32400N Located m:: 224W L Street =1.1 =Christi (Corner of Leopard St and Pon Ave i isstilumso DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with"NA". NAME: (n 44 e4.,6 XA✓re•Sr.nL-.4. ANC STREET: s9Y5. CA CO.W7 CITY: Cd.0/co 1y.C4srz rr zip: 76trjai f FIRM is: 173 Corporation 0 Partnership 0 Sole Owner 0 Association 0 Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm". Name Job Title and City Department(if known) NIA 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm". Name Title 3. State the names of each"board member" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm". Name Board,Commission,or Committee Arm 4. State the names of each employee or officer of a"consultant"for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an"ownership interest"constituting 3%or more of the ownership in the above named"firm". Name Consultant N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: b 4 k CA Ague Title: tat (Print) Signature of Certifying Person: Date: 57ZS��l r SK TATEMENTS,:TNT',CSSHARED LAND DEVELOPMENTORDINANCE ADMINISTRATION:APPLICATION FORMS FORMS AS PER LEGAL 112 DtSCLOSU OF INTERESTS Page 1 of 2 DOC Exhibit 6 r DEFINITIONS a. "Board Member". A member of any board,commission or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Employee". Any person employed by the City of Corpus Christi,Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service,including but not limited to,entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which,for purposes of taxation,are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi,Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. K•DEVELOPMENTSVCS'SIIARED LAND DEVELOPMENTDRDINANCE ADM INLSTRAT IONAPPLICATION FORMS FORMS AS PER LEGAL..701ZDISCLOSURE OF INTERESTS STATEMENT!2712.DOC Exhibit 6 Page 2 of 2 CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7&8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: May 19, 2015 Agenda Item: Ordinance authorizing execution of a wastewater collection line extension construction and reimbursement agreement ("Agreement")with Palm Land Investment, Inc ("Developer"), for the construction of a wastewater collection line and appropriating $245,864.14 from the NO. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the Developer in accordance with the Agreement. Amount Required: $245.864.14 Fund Name Accounting Unit Account Activity No. Amount No. Sanitary Sewer 4220-21801-777 540450 $245,864.14 Collection Line Trust Fund Total $245,864.14 ❑ Certification Not Required Director of Financial Services Date: MAY 1 1 2015 is- O3GS1