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Home My WebLink AboutC2005-222 - 5/10/2005 - ApprovedSANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OFNUECES This Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipal corporation, P.O. Box 9277, Corpus Christi, Texas, 78469- 9277, and HICO Wholesale Distributors. ("Developer"), of P.O. Box 270576 Corpus Christi, Texas 78427. WHEREAS, Developer in compliance with the City Platting Ordinance, plans to develop a portion of lots 10 and 11, all of lots 12 and 13, Block 11, Saratoga Place subdivision located north of Saratoga Boulevard, west of Ayers Street as shown on Exhibit 1. WHEREAS, the City's Sanitary Sewer Master Plan requires the construction of a Sanitary Sewer Collection Line Extension in order for the development to have sanitary sewer service; and WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of a Sanitary Sewer Collection Line Extension; and WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Developer's costs for the oversized and over-depth portion of the construction of a Sanitary Sewer Collection Line Extension; and WHEREAS, it is essential that a portion of the Sanitary Sewer Collection Line Extension be constructed in connection with the development for service to be provided upon completion of the development; and WHEREAS, it is to the best interest of the City and the Developer for the oversized and over-depth Sanitary Sewer Collection Line Extension be constructed in its permanent sizing and location. NOW, THEREFORE, for and in consideration of the mutual covenants in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION The Developer shall construct the Sanitary Sewer Collection Line Extension needed for the development in compliance with the City's Platting Ordinance and under the plans and specifications approved by City Engineer. 2005-222 05/10/05 M2005-141 HICO Wholesale Distributors 2. PLANS AND SPECIFICATIONS A. The Developer shall contract with a professional engineer, acceptable to the City's Director of Engineering Services, to prepare plans and specifications for the offsite and oversized over-depth Sanitary Sewer Collection Line Extension, as shown in Exhibit 2, with the following basic design: (I) OFFSlTE OVER-SIZE, OVER-DEPTH SANITARY SEWER COLLECTION LINE i. Install approximately 371 linear-feet of 10 inch PVC, SDR 26 pipe. ii. Install one (1) manhole, 5 feet in diameter (10'-12') iii. Tie-in to existing manhole. iv Crushed stone embedment for pipe. v. Well Pointing (for cuts > 20 feet). vi. OSHA trench protection (for cuts > 5 feet) (11). ONSITE OVER-SIZE, OVERDEPTH SANITARY SEWER COLLECTION LINE i. Install approximately 200 linear-feet of 10 inch PVC, SDR 26 pipe. ii. Install one (1) manhole, 5 feet in diameter. iii. Crushed stone embedment for pipe iv. 6" PVC Service Tap ix. OSHA Trench Protection (for cuts > 5 feet). B. Before the Developer starts construction the plans and specification for the Sanitary Sewer Collection Line must be approved by the Citys Director of Engineering Services. 3. SITE IMPROVEMENTS Prior to construction of the Sanitary Sewer Collection Line, Developer shall acquire and dedicate to the City any required additional street right-of-way or utility easements. 4. PLA'I-I'ING FEES. Developer shall pay to the City of Corpus Christi the required acreage fees and pro-rata fees as required by the Platting Ordinance. Page 2 of $ 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS Developer shall award a contract and complete the sanitary sewer trunk Sanitary Sewer Collection Line, under the approved plans and specifications, by April 26, 2006. 6. REIMBURSEMENT a. The City will reimburse the Developer 100% of the reasonable cost, not to exceed Forty Nine Thousand, nine Hundred Nineteen Dollars and Twenty Four Cents ($49,919.24) of the oversized over-depth, offsite Sanitary Sewer Collection Line and over-size, over-depth onsite Sanitary sewer Collection Line within 30 days upon invoicing by the Developer, if the work has been completed and has been inspected and accepted by the City. b. The City will reimburse the Developer for expenses incurred for the preparation of plans and specification and supervision of the construction of the Sanitary Sewer Collection Line by the professional engineer hired by the Developer. However, the expenses may not exceed 7.5% of the costs of construction. 7. INDEMNIFICATION. Developer shall indemnify and hold harmless the City, its agents, officers, and employees ("lndemnitees") from all suits, actions, or claims and from all fiability for any and all injuries or damages sustained by any person, including without limitation workers compensation, personal injury or death, adsing from or incident to this Sanitary Sewer Collection Line construction. 8. Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached as Exhibit 3. 9. This agreement becomes effective and is binding upon and shall inure to the benefit of the City and Developer, and their respective heirs, successors, and assigns from and after the date of execution. Page 3 of 5 EXECUTED IN DUPLICATE originals, this ~'r~ day of r,,'l~,~ ,2005. DEVELOPER: By: THE STATE OF TEXAS COUNTY OFNUECES This instrument was acknowledged before me on i'~t~( ,2005, by Roel Elizondo, as owner/developer. Notary Public, State of Te~s Page 4 of 5 A'I-I'EST: Armando Chapa City Secretary By: THE CITY OF CORPUS CHRISTI ? ~ity Manager Approved as to form only Josep~ a~rney% Assistant City Attorney For City Attorney ,2005 THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on George K. Noe, City Manager, City of Corpus Christi, Tex¢~, muni,cTpal corpomti~¥(7~on behalf of the corporation. Notary Public, State of Texas ,2005, by a Texas home-rule Page 5 of 5 357 35 Field Nas '- ~'~, EXHIBIT 1 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS Ct'fy of Corp,us Christi Ordinance 17112, as amended, requires all persons or firms seeking to do buslru~J~ with bhe City to provide the following in~:)rmaLion. Evec:y question must be answered. If the question s not applicable, answer wilh 'idA'. ...... ............................ FIRM is: 1. Corporation [] 2. Partnership [] 3. Sole Owner~' 4. Association [] 5. Other [] ..................................... ~ .......................................................... . ................................ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheeL 1. State the names of each "employee" of the City of Corpus Christi having an "ownership Intare~t" ¢ensStuflng 3% or more of the ownership In the above named "firm". Name Job TiUe and City Department (if know~) 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' et Ihe Cily of Corpus Chdsti having an 'ownership interest' constJlutJng 3"/. or more of the ownership in the above named 'firm'. Name Board. Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus ChrteO 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 ~flrm". Name Consultant CERTIFICATE I cedify that all information provided is, l~ue and correct as of the date of this statement, that I have not knowingly withheld disclosure el' any information requested; and that supplemental statements will be promptly subrnllted to the City of Corpus Christi. Texas/~ angesZ / d-'/.°"c~ur' Certifying Person: ...... '-~{~'..~?-.!..~<(~' ...................... Title: ....... ~?:~,..,,~..~c~:~ ..................................... S gnature of Certifying Person: .:y~l~~o0Pnnor.~PnnDg~ .................. Date:. · · ~'.~..~.~"~.... ---~ EXHIBIT 3