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HomeMy WebLinkAbout030782 RES - 03/08/2016 RESOLUTION RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A DEVELOPER PARTICIPATION AGREEMENT WITH MPM DEVELOPMENT, L.P., ("DEVELOPER"), TO REIMBURSE THE DEVELOPER UP TO $208,946.10 FOR THE CITY'S SHARE OF THE COST TO EXTEND NORTH OSO PARKWAY, IN ACCORDANCE WITH THE UNIFIED DEVELOPMENT CODE. WHEREAS, the City has determined the agreement will carry out the purpose of the Unified Development Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a developer participation agreement ("Agreement"), attached hereto, with MPM Development, L.P. ("Developer"), for the CITY's portion of the cost of North Oso Parkway, including all related appurtenances, for development of Parkview Unit 4 Subdivision, Corpus Christi, Nueces County, Texas. This resolution takes effect upon City Council approval on this the day of `tYl Ctx ( , 2016. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor Resolution- MPM Development LP-Parkview Unit 4 Participation Agreement Page 1 of 2 ( 30'; 82 INDEXED APPROVED: 7ty of CU(0 X016. Corpus Christi, Texas,W. of "f Y , 2016 The above resolution was passed by the following vote: Nelda Martinez / Rudy Garza I Chad Magill I , Colleen McIntyre , s Vac Brian Rosas Lucy Rubio Mark Scott I I Carolyn Vaughn 1? I Resolution-MPM Development LP-Parkview Unit 4 Participation Agreement Page 2 of 2 030"' 32 PARTICIPATION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This PARTICIPATION AGREEMENT ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipal corporation, acting by and through its City Manager, or his designee, and MPM Development, L.P., ("Developer"), a Texas Limited Partnership, acting by and through its general partner. WHEREAS, the Owner owns certain real property located in Corpus Christi, Nueces County, Texas, being 8.939 acre tract of land, more or less, a portion of Lots 2 and 3, Section 32, Flour Bluff and Encinal Farm and Garden Tracts (the "Property"), and the Owner desires to develop and plat the Property designated on Exhibit 1 of this Agreement, which exhibit is attached to and incorporated in this Agreement by reference, to be known as Parkview Unit 4 ("Plat"); WHEREAS, as a condition of the Plat, the Owner is required to expand, extend, and construct North Oso Parkway for a distance of approximately 562 feet to connect with the existing roadway on Holly Road as depicted on and in accordance with the improvement requirements (the "Roadway Extension") set forth in Exhibit 2, which exhibit is attached to and incorporated in this Agreement by reference; WHEREAS, it is in the best interests of the City to have the public street infrastructure installed by the Owner in conjunction with the Owner's final Plat; WHEREAS, Chapter 212 of the Local Government Code authorizes a municipality to make a contract with a developer of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; and WHEREAS, this Agreement is made pursuant to the Local Government Code and Article 8, Section 8.4.1, of the Unified Development Code of the City of Corpus Christi. NOW, THEREFORE, in order to provide a coordinated public street construction and improvement project, the City and the Owner agree as follows: A. The parties agree that the language contained in the preamble of this Agreement is substantive in nature, is incorporated into this Agreement by reference, and has been relied on by both parties in entering into and executing this Agreement. B. Subject to the terms of this Agreement, Exhibit 1, and Exhibit 2, the Owner will construct the Roadway Extension for and on behalf of the City in accordance with the plans and specifications approved in advance of construction by the City Engineer on behalf of the City. The parties acknowledge and confirm the total cost estimate for construction of the Roadway Extension, which estimate is attached to and incorporated in this Agreement as Exhibit 3 (the "Cost Estimate"). Subject to the limitations set forth below, the Owner shall pay a portion of the costs of construction of the Roadway Extension. Further, subject to the limitations set forth below, the City shall pay the remaining portion of the costs of construction of the Roadway Extension, designated as the total amount reimbursable by the City on the Cost Estimate. C. Notwithstanding any other provision of this Agreement, the total amount that the City shall pay for the City's agreed share of the actual costs of the Roadway Extension shall not exceed $208,946.10. D. The City shall reimburse the Owner a pro rata portion of the City's agreed costs of the Roadway Extension monthly, based on the percentage of construction completed less the Owner's pro rata portion and contingent upon submission to the City of an invoice for the work performed. The invoices must be paid by the City no later than thirty (30) days following receipt of each monthly invoice. Such reimbursement will be made payable to the Owner at the address shown in section N of this Agreement. E. In accordance with the Texas Local Government Code, the Owner shall execute a performance bond for the construction of the Roadway Extension to ensure completion of the project. The bond must be executed by a corporate surety in accordance with Chapter 2253 of the Texas Government Code. F. The Owner shall submit all required performance bonds and proof of required insurance coverage in accordance with applicable State and local laws as detailed in Exhibit 4. G. Owner shall submit standard construction contract documents to the Executive Director of Public Works for review and approval in advance of beginning any construction of the Roadway Extension. H. Throughout construction, the City shall conduct periodic inspections and either approve the progress of the Roadway Extension or promptly notify the Owner of any defect, deficiency, or other non-approved condition in the progress of the Roadway Extension. I. The Owner shall fully warranty the workmanship and construction of the Roadway Extension for a period of two years from and after the date of acceptance of the improve- ments by the Executive Director of Public Works. J. OWNER COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM INDEMNITEES ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY MPM Development LP-Parkview Unit 4 vFinal Page 2 of 7 Standard Form Participation Agreement Version 1.01.20.16 INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE PLATTING AND CONSTRUCTION OF THE ROADWAY EXTENSION OF PARKVIEW UNIT 4 SUBDIVISION DURING THE PERIOD OF CONSTRUCTION, INCLUDING THE INJURY, LOSS, OR DAMAGE CAUSED BY THE CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SURVIVES TERMINATION OF THIS AGREEMENT. K. DEFAULT. The following events shall constitute default: 1. Owner fails to submit plans and specifications for the Roadway Extension to the Executive Director of Public Works in advance of construction. 2. Owner does not reasonably pursue construction of the Roadway Extension under the approved plans and specifications. 3. Owner fails to complete construction of the Roadway Extension, under the approved plans and specifications, on or before the expiration of 24 calendar months measured from the date this document is executed by the City. 4. Either the City or the Owner otherwise fails to comply with its duties or obligations under this Agreement. L. NOTICE AND CURE. 1. 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. MPM Development LP-Parkview Unit 4 vFinal Page 3 of 7 Standard Form Participation Agreement Version 1.01.20.16 2. After delivery of the default notice, the defaulting party has 15 days from the delivery of the default notice ("Cure Period")to cure the default. 3. 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. 4. Should the Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Owner, at the address stated in section N, of the need to perform the obligation or duty and, should the 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 Owner. 5. In the event of an uncured default by the Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: a. Terminate this Agreement after the required notice and opportunity to cure the default; b. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or c. Perform any obligation or duty of the Owner under this Agreement and charge the cost of such performance to the Owner. The Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Owner receives notice of the cost of performance. In the event the 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. 6. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Owner has all its remedies at law or in equity for such default. M. FORCE MAJEURE. 1. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of a public enemy; insur- rections; 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. 2. 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 10 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 MPM Development LP-Parkview Unit 4 vFinal Page 4 of 7 Standard Form Participation Agreement Version 1.01.20.16 period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. N. NOTICES. 1. 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: If to the City: If to the Owner: City of Corpus Christi MPM Development, LP. Attn: Director, Development Services Attn: Mossa Moses Mostaghasi, 2406 Leopard Street/78401 General Partner P.O. Box 9277/78469-9277 426 S. Staples Corpus Christi, Texas Corpus Christi, Texas 78401 with a copy to: City of Corpus Christi Attn: Asst. City Manager, Business Support Services 1201 Leopard Street/78401 P. O. Box 9277 /78469-9277 Corpus Christi, Texas 2. 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. 3. Either party may change the address for notices by giving notice of the change, in accordance with the provisions of this section, within five business days of the change. O. Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Roadway Extension, contracts for testing services, and contracts with the contractor for the construction of the Roadway Extension must provide that the City is a third party beneficiary of each contract. P. In compliance with City of Corpus Christi Ordinance No. 17112, the Owner agrees to complete the Disclosure of Interests form attached to this Agreement and incorporated by reference as Exhibit 5. Q. This Agreement becomes effective, is binding upon, and inures to the benefit of the City and the Owner from and after the date of the last signatory to this Agreement. This Agreement expires 24 calendar months from the date this document is executed by the City, unless terminated earlier in accordance with the provisions of this Agreement. Such expiration date of this Agreement is presently anticipated, but not currently known, to be March 8, 2018. (EXECUTION PAGES FOLLOWS) MPM Development LP-Parkview Unit 4 vFinal Page 5 of 7 Standard Form Participation Agreement Version 1.01.20.16 EXECUTED in one original this day of , 2016. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Dan McGinn City Secretary Development Services Director THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Rebecca Huerta, City Secretary, for the City of Corpus Christi, Texas, and acknowledged before me on the day of , 2016. Notary Public, State Of Texas THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Ronald Olson, City Manager, for the City of Corpus Christi, Texas, and acknowledged before me on the day of , 2016. Notary Public, State Of Texas APPROVED AS TO FORM: This 4 day of . 1 Cft . , 2016. 4.7f clot JufidttGrant, Senior Assistant City Arney For the City Attorney MPM Development LP-Parkview Unit 4 vFinal Page 6 of 7 Standard Form Participation Agreement Version 1.0 1.20.16 OWNER: MPM Development, L.P. �flllr 2- y - /4 Mos . oses Mostaghasi Date General Partner STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on ^ lth.1J4/`(J 'J , 2016, by Mossa Moses Mostaghasi, General Partner, MPM Development, L.P., a Limited Partnership, on behalf of said partnership. _ _ ,. ,,,��'�"."::* JEANNIE HOLLAND I �.. ,4,--7/ I.I) /t 7 r? `/ T.' 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BASS 6 WELSH ENGINEERING 1..201.0 $21.11170101. 1 1-.171112 L•230' .u).)f eine'.1A1 at.AlO oi.dolsr .e. =r W' a1,1ri ripl1 M.f-52,3054 S A*M€DA TT tux.r•t COMA CHRISTI.TEXAS 78464 4,0.1 SCJ'aS.&VC VETT)w r Exhibit 1 Paget of 2 // ii // / / // // / / ,�/ // / /// ow / N U f/ ----, ,_...- „ 'l ,,, _,. Bcv .17-,4-\ , ,, / pi,^. 4v6•4v. , "A?ic / az.-.6,ti- .\ �\ / =9•,3.*tz2 .VI A1,41 4/3 4,. 4... /,' .;, 0 V. / // / // VQ / // /3Q/ o'.t1/•� / �// /, / I II ' /Q I II 0 0 30' 60' 120' I /�/ o 1 a� II ■ III i rl/l �� SCALES 1'= 60' I/ O I II iZ S 1 If II w I /t i v, v f 4 1 i I f ff + EXHIBIT SHOWING I Il NORTH OSO PARKWAY IMPROVEMENTS r AT PARK / +$f 1.-60' ii �.I GLACIER BAY PARK DR. 1 tE OF if =..' �, .., , x I i 1 NOONM. I U ati Ili $ 1,-- i.,4'IMO 1 II +I II � v KAi 1 1l c I CD ti!7� x II II 8/18/15 t I1 I t1 80'.,W 1 l 14 1 BASS AND WELSH ENGINEERING 4 ll CORPUS CHRISTI, TX 1 l4 SURVEY REG. NO. 100027-00, l TX ENGINEERING REG. NO. F-52, 11 411 FILE: EXB-STR, JOB NO. 15021 11 SCALE: 1' - 60' 11 S PLOT SCALE: SAME, PLOT DATE: 1 8/18/15, SHEET 1 OF 1 °' Exhibit 2 • NIXON M.WELSH,P.E.,R.P.L.S. BASS WELSH ENGINEERING 3054 S.Alameda St. Email:NixMWCaol.com TX Registration No.F-52 361 882-5521-FAX 361 882-1265 Survey Registration No.100027-00 P.O.Box 6397 Corpus Christi,TX 784884397 PARKVIEW UNIT 4 OVERALL CONSTRUCTION ESTIMATE CORPUS CHRISTI,NUECES COUNTY,TX 08105/15 NORTH OSO PARKWAY IMPROVEMENTS AT PARK(EAST OF CL OF STREET)REIMBURSEABLE BY CITY QUAN71TY UNIT UNIT PRICE AMOUNT 1. 4"HMAC 1256 SY 34.00 42,704.00 2. 4"THICK CONCRETE WALK 4476 SF 3.75 16,785.00 3. 8"CURB 8 GUTTER 560 SY 14.00 7,840.00 4. 11"CRUSHED LIMESTONE BASE TO 2'BC 1505 SY 24.00 36,120.00 5. 8"UME STABILIZED SUBGRADE TO 213C 1505 SY 8.00 12,040.00 6. EXCAVATION 1 LS 18,000.00 18,000.00 7. CLEARING AND GRUBBING 1 LS 4,000.00 4,000.00 TOTAL STREET&SURFACE ITEMS AT PARK $137,489.00 STREET&SURFACE ITEMS WEST OF CL OF NORTH OSO PARKWAY QUANTITY UNIT UNIT PRICE AMOUNT 1. 6"CURBS GUTTER 3066 LF 14.00 42.924.00 2. 4"THICK RIC WALK 12183 SF 3.75 45,886.25 3. 1 1/2"HMAC 950 SY 13.25 12,587.50 4. 2"HMAC 3729 SY 17.50 65257.50 5. 4"HMAC 1286 SY 34.00 43,724.00 6. 11"CRUSHED U MESTONE BASE TO 2'BC 1548 SY 24.00 37,152.00 7. 8"LIME STABILIZED SUBGRADE TO 2'BC 8378 SY 8.00 51,024.00 8. 6"CRUSHED LIMESTONE BASE 950 SY 13.25 12,587.50 9. STREET SIGN 4 EA 350.00 1,400.00 10. EXCAVATION 1 LS 51,000.00 51,000.00 11. CLEARING&GRUBBING 1 LS 14,000.00 14,000.00 TOTAL STREET&SURFACE ITEMS $377,342.75 STORM SEWER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 15"RCP 109 LF 32.00 3,488.00 2. 18"RCP 175 LF 38.00 6,300.00 3. 21"RCP 332 LF 44.00 14,608.00 4. 27"RCP 158 LF 50.00 7,900.00 5. 36"RCP 117 LF 54.00 6,318.00 6. 5'INLET 8 EA 3,500.00 28,000.00 7. R/C END-OF-PIPE STRUCTURE AT DITCH 1 EA 2,500.00 2,500.00 8. SWALE EXCAVATION 1 LS 22,000.00 22,000.00 TOTAL STORM SEWER ITEMS $91,114.00 SANITARY SEWER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 10"PVC PIPE 822 LF 58.00 47,676.00 2. W PVC PIPE 1391 LF 48.00 66,768.00 3. FIBERGLASS MANHOLE 8 EA 1900.00 31,200.00 4. 4"OR 6"PVC PIPE SERVICE 33 LF 480.00 15,640.00 TOTAL SANITARY SEWER ITEMS $161,484.00 GRID MAIN WATER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 112"PVC PIPE 994 LF 60.00 59,840.00 Exhibit 3 Page 1 of 3 • NIXON M.WELSH,P.E.,R.P.LS. BASS WELSH ENGINEERING 3054 S.Alameda St. EmaN:NIxMWOaol.com TX Registration No.F-02 381 882-5521-FAX 361 882-1265 Survey Registration No.100027-00 P.O.Box 6397 Corpus Christi,TX 784664397 2. 30"TAPPING SLEEVE W/12"TAPPING GATE VALVE W/BOX 1 EA 5,500.00 5,500.00 3. 12"CAP TAPPED FOR 2" 2 EA 700.00 1,400.00 4. 12"TEE 5 EA 850.00 4,250.00 5. 12"GATE VALVE W/BOX 2 EA 3,200.00 6,400.00 8. FIRE HYDRANT ASSEMBLY 2 EA 3,600.00 7,200.00 7. 6"GATE VALVE W/BOX 2 EA 975.00 1,950.00 8. 8"90'EL 6 EA 300.00 1.800.00 9. 6"DIAMETER X 30"PVC PIPE NIPPLE 6 EA 250.00 1,500.00 10. PAVEMENT PATCHING 1 LS 4,500.00 4,500.00 TOTAL GRID MAIN WATER ITEMS $94,140.00 WATER ITEMS-NON GRID MAIN QUANTITY UNIT UNIT PRICE AMOUNT 1. 8"PVC PIPE 350 LF 36.00 12,600.00 2. 8"EL 1 _ FA 275.00 275.00 3. r CAP TAPPED FOR 2" 1 EA 200.00 200.00 4. 6"PVC PIPE 1324 LF 32.00 42,368.00 5. 6"CAP TAPPED FOR 2" 3 EA 150.00 450.00 6. 6"GATE VALVE W/BOX 6 EA 975.00 5,850.00 7. 8"90"EL 2 EA 200.00 400.00 8. FIRE HYDRANT ASSEMBLY 1 EA 3,600.00 3,600.00 9. 2"PE PIPE 696 LF 20.00 13,920.00 10. 2"VALVE 3 EA 525.00 1,575.00 9. WATER SERVICE,DOUBLE 15 EA 600.00 9.000.00 10. WATER SERVICE,SINGLE 4 EA 500.00 2,000.00 TOTAL NON GRID MAIN WATER ITEMS $92,238.00 MISCELLANEOUS ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. TRAFFIC CONTROL&BARRICADING PLAN&PERMUTING (TRAFFIC CONTROL DURING CONSTRUCTION) 1 LS 1,000.00 1,000.00 2. ENCH SAFETY FOR EXCAVATIONS(SANITARY SEWER& STORM SEWER PIPES OF ALL SIZES) 3929 LF 2.00 7,858.00 3. 4"PVC CONDUITS FOR AEP 200 LF 16.00 3,200.00 4. STORM WATER POLLUTION PREVENTION 1 LS 3,500.00 3.500.00 TOTAL MISCELLANEOUS ITEMS $15,558.00 TOTAL CONSTRUCTION $969,365.75 Exhibit 3 Page 2 of 3 • NIXON M.WELSH,P.E,R.P.LS. BASS WELSH ENGINEERING 3054 S.Alameda St. Email:NixMW(Daol.com TX Registration No.F-52 361 882-5521—FAX 361 882-1265 Survey Registration No.100027-00 P.O.Box 6397 Corpus Christi,TX 78466.6397 PARKVIEW UNIT 4 CITY REIMBURSEMENT ESTIMATE CORPUS CHRISTI,NUECES COUNTY,TX 08/05/15 NORTH OSO PARKWAY IMPROVEMENTS AT PARK(EAST OF CL OF STREET)REIMBURSEABLE BY CITY QUANTITY UNIT UNIT PRICE AMOUNT 1. 4"HMAC 1256 SY 34.00 42,704.00 2. 4"THICK CONCRETE WALK 4476 SF 3.75 16,785.00 3. 6"CURB&GUTTER 560 SY 14.00 7,840.00 4. 11"CRUSHED LIMESTONE BASE TO 2'BC 1505 SY 24.00 36,120.00 5. 8"LIME STABILIZED SUBGRADE TO 2'BC 1505 SY 8.00 12,040.00 6. EXCAVATION 1 LS 18,000.00 18,000.00 7. ,CLEARING AND GRUBBING 1 LS 4,000.00k 4,000.00 TOTAL STREET&SURFACE ITEMS AT PARK $137,489.00 NORTH OSO PARKWAY OVERDEPTH AND OVERWIDTH(28'BB TO 40'BB) IN PORTION OF STREET WEST OF STREET CL,REIMBURSEABLE BY CITY QUANTITY UNIT UNIT PRICE AMOUNT 1. 4"HMAC(OVERWIDTH) 433 SY 34.00 14,722.00 2. 2"HMAC(OVERDEPTH) 853 SY 17.00 14,501.00 3. 11"CRUSHED LIMESTONE BASE(OVERWIDTH) 433 SY 24.00 10,392.00 4. 5"CRUSHED UMESTONE BASE(OVERDEPTH) 853 SY 11.00 9,383.00 5. 8"UME STABIUZED SUBGRADE(OVERWIDTH) 433 SY 8.00 3,464.00 TOTAL STREET&SURFACE ITEMS (OVERDEPTH&OVERWIDTH) $52,462.00 SUBTOTAL $189,951.00 10%ENGINEERING,SURVEYING&TESTING 618.995..10, TOTAL $208,946.10 Exhibit 3 Page 3 of 3 INSURANCE REOUIREMENTS I. 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 I. 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 4 Page 1 of 3 JI. ADDITIONAL REOUIREMENTS 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 4 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 4 Page 3 of 3 City Dcpartsa Carpaa al-Development ,Tato 14111111*�� • P O.Box 9o277us Serviw City 0f Corpus Christi,Taw 704694277 Located at 2406 3240 dSued W.° E Christi (Coma of Leopard Si.and Port Ave.) 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: MPM Development. LP STREET: PC) Rnv 3313OR CITY: Corpus Christi ZIP: 78463 FIRM is: 0 Corporation 4Partnership 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) N/A N/A 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 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 N/A N/A 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 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: Moses Mostaghasi Title: Director (Print) Signature of Certifying Person: 41.44,WittestagideLca Date: 1-4-16 KAD VCOSHARECKLAND DEVELO ENI\atmMw, ANCE AtAi n,OPPAP lAtax> *M3 AS FIR LEOALuot:1DICLOSURE OF INTERESTS Page 1 of 2 Exhibit 5 • 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, DepuCity 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. KADEVELOPMENTSNEMSTAREDILAND IIEVELOPRIENTIORINNANCE ADMMSTRATOMAPML[CATRON FORAISTORAIS AS PER LEOALUOITRNSCLOSURE OF INTERESTS STATEllaNTI.27Il000 Exhibit 5 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: March 8, 2016 Agenda Item: Resolution authorizing the City Manager to execute a developer participation agreement with MPM Development, LP., (°Developer"), to reimburse the Developer up to $208,946.10 for the City's share of the cost to extend North Oso Parkway, in accordance with the Unified Development Code. Amount Required: $ 208,946.10 Fund Name Accounting Unit Account Activity No. Amount No. Bond 2012 3701-052 550910 D1503013701EXP $208,946.10 Total $208,946.10 ❑ Certification Not Required Director of Financial Services Date: MAR 0 7 2016 / G - o2.oO