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HomeMy WebLinkAbout031609 RES - 12/04/2018 Resolution authorizing developer participation agreement with MPM Development, LP, to reimburse developer up to $185,005.37 for City's share of cost to extend Oso Parkway WHEREAS,the City has determined the agreement will carry out the purpose of the Unified Development Code; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute a developer participation agreement ("Agreement") with MPM Development, LP., ("Developer"), for the City's portion of the cost of Oso Parkway including all related appurtenances for development of Royal Creek Estates Unit 8 Subdivision, Corpus Christi, Nueces County, Texas. Page 1 of 2 031609 SCANNED ATTEST: THE CITY OF CORPUS CHRISTI Fe-111,Ze4N. tiktrie% \,,..r frit Rebecca Huerta J NcComb City Secretary M yrc Corpus Christi, Texas '+ "-'of b(A)AujOVe , 19i) 18 The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Ben Molina Everett Roy iia Greg Smith Page 2 of 2 + :31009 PARTICIPATION AGREEMENT For Oversizing Streets and Drainage Crossing Per UDC §8.4 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 designee, and MPM Development, ("Developer"), a Limited Partnership. WHEREAS, the Owner owns certain real property located in Corpus Christi, Nueces County, Texas, being a portion of Lots 10, 22 and 23, Section 22, Flour Bluff and Encinal Farm and Garden Tracts (the"Property"), and the Owner desires to develop and plat the Property designated on Exhibit 9 of this Agreement,which exhibit is attached to and incorporated in this Agreement by reference, to be known as Royal Creek Estates Unit 8 ("Plat"); WHEREAS, as a condition of the Plat, the Developer/Owner is required to expand, extend, and construct Oso Parkway approximately 1384 lineal feet of roadway 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 Developer in conjunction with the Owner's final Plat; WHEREAS, Section 212.071 of the Texas 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 Section 212.071 & 212.072 of the Texas 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 Developer agree as follows: Section 1. RECITALS. 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. Section 2. DEVELOPER PARTICIPATION. Subject to the terms of this Agreement, Exhibit 1, and Exhibit 2, the Developer 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 Developer 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. Section 3. CITY PARTICIPATION. 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 $185,005.37. Section 4. REIMBURSEMENT. The City shall reimburse the Developer a pro rata portion of the City's agreed costs of the Roadway Extension monthly, based on the percentage of construction completed less the Developer'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 Developer at the address shown in section N of this Agreement. Section 5. PERFORMANCE BOND. In accordance with the Texas Local Government Code, the Developer 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.The Developer shall submit proof of the required performance bonds to the City. Section 6. INSURANCE. Insurance requirements are as stated in Exhibit 4, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and Development Services Department. Additionally, the COI must state that the City will be given at least 30 days'advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Section 7. CONSTRUCTION CONTRACT DOCUMENTS. Developer 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. Section 8. INSPECTIONS. Throughout construction, the City shall conduct periodic inspections and either approve the progress of the Roadway Extension or promptly notify the Developer of any defect, deficiency, or other non-approved condition in the progress of the Roadway Extension. Section 9. WARRANTY. The Developer 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. Page 2 of 9 Standard Form Participation Agreement Version 10.31.18 Section 10. INDEMNIFICATION. DEVELOPER 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 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 ROYAL CREEK ESTATES UNIT 8 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. Section 11. DEFAULT. The following events shall constitute default: 1. Developer fails to submit plans and specifications for the Roadway Extension to the Executive Director of Public Works in advance of construction. 2. Developer does not reasonably pursue construction of the Roadway Extension under the approved plans and specifications. 3. Developer 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. Page 3 of 9 Standard Form Participation Agreement Version 10.31.18 4. Either the City or the Developer otherwise fails to comply with its duties or obligations under this Agreement. Section 12 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. 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 Developer fail to perform any obligation or duty of this Agreement, the City shall give notice to the Developer, at the address stated in section N, of the need to perform the obligation or duty and, should the Developer 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. 5. In the event of an uncured default by the Developer, 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 Developer under this Agreement and charge the cost of such performance to the Developer. The Developer shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Developer receives notice of the cost of performance. In the event the Developer 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 Developer has all its remedies at law or in equity for such default. Section 13. 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; Page 4 of 9 Standard Form Participation Agreement Version 10.31.18 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 period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. Section 14. 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 Developer: City of Corpus Christi MPM Development, L.P. Attn: Director, Development Services Attn: Mossa Moses Mostaghasi 2406 Leopard Street/78401 426 S. Staples St. P.O. Box 9277/78469-9277 Corpus Christi, Tx 78401 Corpus Christi, Texas 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. Section 15. PROJECT CONTRACTS. Developer'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. Page 5 of 9 Standard Form Participation Agreement Version 10.31.18 Section 16. DISCLOSURE OF INTEREST. In compliance with City of Corpus Christi Ordinance No. 17112, the Developer agrees to complete the Disclosure of Interests form attached to this Agreement and incorporated by reference as Exhibit 5. Section 17. VERIFICATION REGARDING ISRAEL. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1)does not boycott Israel; and (2)will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. Section 18. CERTIFICATE OF INTERESTED PARTIES. Developer agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of"interested parties"with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.uslwhatsnew/elf info form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at httos://www.ethics.state.tx.us/leoal/ch46.html. Section 19. CONFLICT OF INTEREST. Developer agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at htto:/lwww.cctexas.com/oovemment/city- secretary/conflict-disclosure/index Section 20. SEVERABILITY. The provisions of this Agreement are severable and, if any provision of this Agreement is held to be invalid for any reason by a court or agency of Page 6 of 9 Standard Form Participation Agreement Version 10.31.18 competent jurisdiction, the remainder of this Agreement shall not be affected and this Agreement shall be construed as if the invalid portion had never been contained herein. Section 21. COOPERATION. The Parties agree to cooperate at all times in good faith to effectuate the purposes and intent of this Agreement. Section 22. ENTIRE AGREEMENT. Except as otherwise expressly provided herein, this Agreement contains the entire agreement of the Parties regarding the sharing of costs for the Project and supersedes all prior or contemporaneous understandings or representations, whether oral or written, regarding the subject matter hereof. Section 23. AMENDMENTS. Any amendment of this Agreement must be in writing and shall be effective if signed by the authorized representatives of both Parties. Section 24. APPLICABLE LAW; VENUE. This Agreement shall be construed in accordance with Texas law. Venue for any action arising hereunder shall be in Nueces County, Texas. Section 25. AUTHORITY. Each Party represents and warrants that it has the full right, power and authority to execute this Agreement. Section 26. INDEPENDENT CONTRACTOR. Developer covenants and agrees that it is an independent contractor, and not an officer, agent, servant or employee of City; that Developer shall have exclusive control of and exclusive right to control the details of the work performed hereunder and all persons performing same, and shall be liable for the acts and omissions of its officers, agents, employees, contractors, subcontractors and consultants; that the doctrine of respondeat superior shall not apply as between City and Developer, its officers, agents, employees, contractors, subcontractors and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Developer. Section 27. NON-APPROPRIATION. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. Section 28. TERM. This Agreement becomes effective, is binding upon, and inures to the benefit of the City and the Developer 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 DECEMBER 4. 2020. (EXECUTION PAGES FOLLOWS) Page 7 of 9 Standard Form Participation Agreement Version 10.31.18 EXECUTED in one original this day of , 2018. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Nina Nixon-Mendez City Secretary Director of Development Services 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 , 2018. Notary Public, State of Texas THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Nina Nixon-Mendez, Director of Development Services, for the City of Corpus Christi, Texas, and acknowledged before me on the day of 2018. Notary Public, State of Texas APPROVED AS TO FORM: This day of , 2018. Assistant City Attorney For the City Attorney Page 8 of 9 Standard Form Participation Agreement Version 10.31.18 DEVELOPER: MPM DEVELOPMENT, L.P. Mossa Moses Mostaghasi ate General Partner STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on(\ kruvlbeii 2- , 2018, by Mossa Moses Mostaghasi, General Partner of MPM Development, L.P., a Limited Partnership, on behalf of said partnership. f.,,<�Pa CINDY BLANC aUll\aki P/. ^ nn�..• ' IDIfi 1178588.3 > PD/WI-0-- •i.1 )• Notary Pub1�C Y. ., ;• ' STATE CF TEXAS ' Notary Public'sSignature 1:.,.`';;c,�',My Comm Exp 11-04-2019 vs.• v v v v v v v v v Page 9 of 9 Standard Form Participation Agreement Version 10.31.18 SATZ m 1e„ o Exhibit I D,, .D c .THE URA EPAPACED AMR PPII DOPIL:012..."''02 ME A111.!21-41 WAIT,PAT RE°LA& ill AIE YAP OMMOMENT,.HERED3 CERT.MAT RE IRE PA DITHERS OF TI4 1../..EVORA.NM. NE sueornscer A.OSSAAT.F.T.22.0333.0 oct.cceances...RP CIPR.S. 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ALAMEDA Sr Hos......s�e.., CORPUS CHRISTI, TExAS 73404 I Dim,Li`�' 0 A Exhibit 2 A W 0' A A 711 j 80' ROW II OJ ;0' B-B A O r 0 75' 150' 300' O SCALE: 11= 150' N --. N EXHIBIT SHOWING N -z-C7 OSO PARKWAY IMPROVEMENTS w 1"=150' tQ ut W R) N UI U1 UI UI N 0\ O+ UI N c ^t ` L,yr 4: N *, ` ' * MONco M.wpm 80' ROW * a �o • s (*AC t*tejel 40' B-B o O KING HENRY PL. 9/7/18 O m BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, PARK TX ENGINEERING REG. NO. F-52, FILE: EXB-STR, JOB NO. 16022, SCALE: 1" = 150' PLOT SCALE: SAME, PLOT DATE: 9/17/18, SHEET 1 OF 1 Exhibit 2 80' STREET ROW [ 14.5' 40' BB STREET 25.5' 4" TYPE "D" HMAC ON PRIME COAT CO 0.15 GALLONS PER SQUARE YARD 8.5' UNLESS SHOWN 20' 20' OTHERWISE 1'� 5" CROWN FROM ,,, -CL STREET 19 LIP OF GUTTER 1% i PROP. 4' % //. , AO WIDE PROP. 8' WIDE R/C R/C WALK WALK (EQUIVALENT TO COMPACT BACKFILL TO 95% WALKS) STANDARD PROCTOR DENSITY (BOTH SIDES) AND UNDER 6" CITY STD. R/C CURBTWO AN4'D WALKS (TYP.) GUTTER (TYPICAL BOTH SIDES) 11" CRUSHED LIMESTONE BASE TO 2' BEHIND C & G TO MEET REQUIREMENTS OF CITY STANDARD SPECIFICATION 025223 CRUSHED LIMESTONE FLEXIBLE BASE. COMPACT TO 95% 8" LIME STABILIZED SUBGRADE TO 2' BEHIND C&G BOTH MODIFIED PROCTOR DENSITY AT A MOISTURE SIDES OF STREET AND COMPACTED TO 95% STANDARD CONTENT +/- 2% OF OPTIMUM MOISTURE PROCTOR DENSITY WITHIN +/- TWO PERCENTAGE POINTS OF OPTIMUM MOISTURE. LIME SHALL BE APPLIED AT THE RATE OF 34 LB/SY (TO BE VERIFIED THROUGH GEOTECHNICAL TESTING). 8" THICKNESS BENEATH C&G AND TO 2' BEHIND C&G TYPICAL STREET SECTION - OSO PKWY NTS aiSt OF TIP/1114... its I*: * -;41if*/ •/ fistNIXON M.WELSH*, •e: 36240 ':v g"•. `tssEaEG`�w. E Ota(***** BASS AND WELSH ENGINEERING %(,� CORPUS CHRISTI, TX i SURVEY REG. NO. 100027-00, 10/18/18 TX ENGINEERING REG. NO. F-52, FILE: EXB-STR SECT O-PKWY, JOB NO. 16022, SCALE: NONE, PLOT SCALE: 1'=60', PLOT DATE: 10/18/18, SHEET 1 OF 1 NIXON M.WELSH,P.E.,R.P.L.S. BASS WELSH ENGINEERING 3054 S.Alameda St. Email:NixMW112)aol.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 ROYAL CREEK ESTATES UNIT 8 PRELIMINARY COST ESTIMATE 08/24/18 STREET&SURFACE ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1 6"CURB&GUTTER 3083 LF 14.50 $44,703.50 2 4"THICK CONCRETE WALK 18118 SF 4.50 81.531.00 3 2"HMAC 504 SY 17.50 8,820.00 4 4"HMAC 5536 SY 34.00 188,224.00 5 8"LIME STABILIZED SUBGRADE 7409 SY 8.00 59,272.00 6 6"CRUSHED UMESTONE BASE 672 SY 15.00 10,080.00 7 11"CRUSHED LIMESTONE BASE 6737 SY 24.00 161,688.00 8 STREET SIGN 1 EA 350.00 350.00 9 EXCAVATION 1 LS 6,000.00 6,000.00 10 END OF ROAD BARRICADE 1 EA 975.00 975.00 11 CLEARING&GRUBBING 1 LS 1,000.00 1,000.00 $562,643.50 STREET&SURFACE ITEMS(OVERSIZE 050 PARKWAY,FOR CITY REIMBURSEMENT) QUANTITY UNIT UNIT PRICE AMOUNT 1 4"THICK CONCRETE WALK 5778 SF • 4.50 26,001.0D 2 OVERTHICKNESS 2"HMAC T04"HMAC=2"HMAC 5536 SY 17.50 96,880.00 3 OVERTHICKNESS 8"CRUSHED UMESTONE BASE TO 11"CRUSHED LIMESTONE BASE=3"CRUSHED UMESTONE BASE 6737 SY 6.50 43,790.50 (THESE ITEMS NOT INCLUDED IN TOTAL BELOW) $166,671.50 STORM SEWER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1 18"RCP 138 LF 44.00 6,072.00 2 24"RCP 83 LF 55.00 4,565.00 3 27"RCP 140 LF 58.00 8,120.00 4 30"RCP 1366 IF 60.00 81,960.00 5 42'RCP 410 LF 63.00 25,830.00 6 S'INLET 9 EA 3,200 00 28,800.00 7 7'INLET 2 EA 3,800.00 7,600.00 8 MANHOLE 4 EA 15,000.00 60,000.00 9 END OF PIPE RIPRAP STRUCTURE 1 EA 2,000 00 2,000.00 $224,947.00 SANITARY SEWER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1 8"PVC PIPE 1368 LF 50.00 68,400.00 2 4'OR 6"PVC SERVICE 36 EA 480.00 17,280.00 3 FIBERGLASS MANHOLE 4 EA 3.900.00 15,600.00 $101,280.00 D.piupy,igned by William)C4een.P.E DH cn+W Nym 1.Green. P.E a"Development Semce,,outClry of Corp...Chain.Te■n. emYMt"lppcttexasCDT C.US Date 20 011.0 12.4951-05'00' Exhibit 3 Page 1 of 2 NIXON M WELSH,P.E. R.P.LS. BASS WELSH ENGINEERING 3054 S Alameda SI. Emai:NixMW@aol.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 12"WATER GRID MAIN ITEMS REIMBURSABLE BY CITY QUANTITY UNIT UNIT PRICE AMOUNT 1 12"PVC PIPE 1384 IF 60.00 583,040.00 2 12"CAP TAPPED FOR 2" 1 EA 350.00 350.00 3 12"TEE 4 EA 850.00 3,400.00 4 CRUSHED STONE EMBEDMENT FOR 12"WATER 1384 LF 30.00 41,520.00 5 DEWATERING FOR 12"WATER 1384 IF 20.00 27,680.00 6 6"PVC PIPE NIPPLE 9 EA 250.00 2,250.00 7 6"GATE VALVE WITH BOX 3 EA 950.00 2,850.00 8 6"90'ELBOW 3 EA 300.00 900.00 9 FIRE HYDRANT ASSEMBLY 3 EA 4,000.00 12,00000 5173,990.00 WATER ITEMS(NON-GRID MAIN) QUANTITY UNIT UNIT PRICE AMOUNT 1 WATER SERVICE,D0UB E 16 EA 600.00 9,600.00 2 WATER SERVICE,SINGLE 4 EA 500.00 2,00000 3 6"PVC PIPE 230 IF 32.00 7.360.00 4 6"GATE VALVE WITH BOX 1 EA 950.00 95000 519,910.00 MISCELLANEOUS CONSTRUCTION QUANTITY UNIT UNIT PRICE AMOUNT 1 TRAFFIC CONTROL&BARRICADING PLAN&PERMITTING(TRAFFIC CONTROL DURING CONSTRUCTION) 1 LS 5,000.00 55,000.00 2 TRENCH SAFETY FOR EXCAVATIONS(SANITARY SEWER&STORM SEWER PIPES OF ALL SIZES) _ 5145 LF 3.00 15,435.00 3 4"PVC CONDUIT FOR AEP 200 IF 25.00 5,000.00 4 STORM WATER POLLUTION PREVENTION 1 LS 4,000.00 4,000.00 529,435.00 TOTAL CONSTRUCTION $1,112,205.50 ,_. s.. "r w.--., cr...�e c Ou,r.XL,mL4M r(., oft. ay.rkn R nCM'd Coq.CIMt1 1.'4; rt+d-"iyetat..tan n.1 CY.Witt 0,12 S0 tt 0121 Exhibit 3 Page 2 of 2 NIXON M.WELSH,P E,R P.L.S BASS WELSH ENGINEERING 3054 S Alameda St Emai NixMW@aol corn 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 ROYAL CREEK ESTATES UNIT 8 STREET PARTICIPATION REIMBURSEMENT ESTIMATE 03/09/18 OVERSIZE 050 PARKWAY(FOR CITY REIMBURSEMENT) QUANTITY UNIT UNIT PRICE AMOUNT 1 4"THICK CONCRETE WALK 5778 SF 450 526,001.00 2 OVERTHICKNESS 2"HMAC TO 4"HMAC=7`HMAC 5536 SY 17 50 96,880.00 3 OVERTHICKNESS 8"CRUSHED LIMESTONE BASE TO 11"CRUSHED LIMESTONE BASE=3"CRUSHED LIMESTONE BASE 6737 , SY 6 50 43,790.50 SUBTOTAL $166,671.50 11%SURVEYING,ENGINEERING&TESTING $18,333.87 TOTAL AMOUNT REIMBURSABLE (29%) $185,005.37 STREET AND SURFACE ITEMS $562,643.50 Dgrt.q,+aac, 11%SURVEYING,ENGINEERING,&TESTING 61,890.78 Pt. ONbeen, " "D"ilapi"'" TOTAL STREET&SURFACE ITEMS (100%) $624,534.28 Cwp,,, a,-Gn a :: Comma Cn.+atTw� m+g,t49Kcvanmm, MIS Date:201111 01 42 554 11 -0SDR Exhibit 3 Page 1 of 1 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 4 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 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 tinik +y ofCity of Corpus Christi,Texas Ci l Department of Development Services P.O.Box 9277 Co*y�us Corpus Christi.Texas 78469-9277 _ Lorpus 10 (361)826-3240 - r Ch • riSt1Located at: 2406 Leopard Street (Cornerloriternawro of Leopard St 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: PO Box 331308 CITY: Corpus Christi ZIP: 78463 FIRM is: ®Corporation 0 Partnership ❑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 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 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 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: Mossa (Moses) Mostaghasi Title: General Partner (Print) Signature of Certifying Person: Date: 10-15-18 AADEVELOPMENFSVCSSHARED LAND DFVELOPMERTORDtNANCE ADMINISTRATIONAPPLICATION FORMS'.FORMS AS PER t.EGAL20 12,DISCLOSURE OF INTERESTS STATEMENT?27 I2.IX1C Exhibit 5 Page 1 of 2 • 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'SHARED'LAND DEVELOPMENT ORDINANCE ADMINISTRATION APPLICATION FORMS FORMS AS PER LECAL110IN4)ISCLOS[;RE OF INTERESTS STATEMENT 2712.DOC 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: Legistar Number: 18-1412 December 4, 2018 Agenda Item: Resolution authorizing developer participation agreement with MPM Development, LP, to reimburse developer up to $185,005.37 for City's share of cost to extend Oso Parkway. Amount Required: (Amount to be Certified) $ 185,005.37 Fund Name Accounting Unit Account No. Activity No. Amount Bond 2012 3701-052 550910 D1802013701EXP $185,005.37 Total $185,005.37 ❑ Certification Not Required Director of Financial Services Date: DEC 0 3 2018