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HomeMy WebLinkAboutC2006-019 - 1/24/2006 - Approved SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES 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 Shaws Development Joint Venture ("Developer"), of 101 N. Shoreline, Suite 600, Corpus Christi, TX 78401 WHEREAS, Developer in compliance with the City Platting Ordinance, plans to develop several tracts of land, totaling approximately 61.087 acres called Northwest Crossing Subdivision Units 1, 2, 3, and 4 located west of Rand Morgan Rd. and south of Leopard Street. as shown on the attached Exhibit 1. WHEREAS, Developer. will soon be commencing construction on infrastructure and related site improvements in accordance with City approved construction plans and specifications; 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 construction of a Sanitary Sewer Collection Line Extension: and WHEREAS, it is essential that 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 in the interest of the City and the Developer for the 15-inch collection line to be constructed along with the Developer's project at this time; 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 per the plans and specifications approved by the City Engineer. 2006-019 01/24/06 M2006-014 Shaws Development Joint Venture Page 1 of 5 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 Sanitary Sewer Collection Line Extension, as shown in Exhibit 2, with the following basic design (/) OFFSITE SANITARY SEWER COLLECTION LINE Install 513 linear feet of 15-inch PVC collection line. II Install 513 linear feet of OSHA Trench Protection. III. Install one (1) 5-foot diameter manhole. IV. Install one (1 ) 5-foot diameter drop manhole. B. Before the Developer starts construction, the plans and specifications for the Sanitary Sewer Collection Line must be approved by the City's Director of Engineering Services 3. SITE IMPROVEMENTS Prior to the start of construction of the Sanitary Sewer Collection Line, the Developer shall acquire and dedicate to the City any required additional street right-of-way or utility easements. 4 PLATTING FEES Developer shall pay to the City of Corpus Christi the required acreage fees and pro-rata fees as required by the Platting Ordinance. 5 DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS Developer shall award a contract and complete the Sanitary Sewer Collection Line, under the approved plans and specifications, by January 31, 2007. 6 REIMBURSEMENT a The City will reimburse the Developer 100% of the reasonable cost, not to exceed $70,740.88 of the offsite 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 of the Sanitary Sewer Collection Line. Page 2 of 5 7. INDEMNIFICA TION. Developer shall indemnify and hold harmless the City, its agents, officers, and employees ("lndemnitees'? from all suits, actions. or claims and from aI/liability for any and all injuries or damages sustained by any person, including without limitation workers compensation, personal injury or death, arising 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 .c,rd day of ~v\IX>S''-{ \ , 2006. DEVELOPER: By Sh 101 N. Shoreline, Suite 600 Corpus Christi, Tx 78401 THE STATE OF TEXAS COUNTY OF NUECES \~ This irstrument ~as acknowledged before me on ~ ~M~"':I S \' ' 2006, by .~~;'v"j\ I..-~'C\\~c e Shaws Development Joint Venture. "'" .-~ N " ) -^,,~ HUI/~, J*D #~':~'''i:' I ;~~:....;: ("HI'''' XAViER GALVAN I ',i::~3r ~:>ubltc.tate c.t Te>d~ . ~\:1'r C'Y"Yint'_;lon E~plre: FeblUOry ell, 2009 Page 4 of 5 ATTEST --., J~;J - . ..~,-----,- Armando Chapa C ,ty Secretary By, THE CITY OF CORPUS CHRISTI //f /~~ Ge9f~ Noe City Manager Approved as to form only__~,~__, 2006 \ _.t:l~ L,I, '- II); i ~_____ _ ._____" Gary Smith Assistant City Attorney mL~~~~~AIll~ - \!l-Lfb~ " OW"C'l._---.+-' ~ _ _.--"~r~..n-;tV =( (l..-/ THE STA TE OF TEXAS COUNTY OF NUECES 'J'" 1 , 2006, by shame-rule ( This instrument was acknowledged before me on George K Noe, City Manager, City of Corpus Chri murr~ipal corporati,b?, on ~ehalf of the corporation L/ O{JuL' I/dl-~y- Notary Public, State of Texas --= ff"t3':~ P(;~ Connie Parks (I 0 '_ "0 'I' .~ * ;, My CommissIOn Expires !:"~ ~ Novemoel 09 2007 L,.,~~.__.'--~ - ,-" Page 5 of 5 ~~ "7~~~enffiffiB~1 ~ ~ ~ "-J --'-~~' '~~ r:t.~G~ -t I ~ lJr J-'--Jtl~~~ ~ ~! ==:- 'Tl,~lL:L~""" II I I ~ ....;..-- __.J-__ ,-L, ~ .L-J....-L-L !...C ~ 1'~ll ~ ~.- ~ t= .....l..J..~ "'i:::- Jr-J 21- ~~)o' It-- ......... <..I-J.....)i- .. -~ - ~~lJ:.~ ~Jlb ~L_~~ r---l .y. ~~ ~ I U .Iooi ~ I. I l , -,.._,,-"-",~_. .:;;f 'H , --.-- ,~~~7 :;i,/ _ -y.../ " .-, L- p ;- '--, >- ~ ~f:: F~NDfD ;=S B RA.,,'v,fl,T (, 3/'NI','AR i-~ >- S "-"'Er. 'I~'" t--l ):. VI rc L.."L - "\ P \. . ~ \ [=f:.= L- >- [=f:.= ;3; t- f- - i'" / '-, _ ~ l- I- f:: >- f:: f:: f:: l=- ~ t: '- '-'- r- L- ~ I~r r= f- L=Jll rg ...--8M EL=61.84 -..-c e>a-., f---: zf-c ,-- EXISTING ~TEMPORARY LIFT STATION \ \ \. r- t::l= r=l= oe:t:tll t. SANrTARY ~ SEWER COLLECTION MAIN ..... -1--1 I: PROPOSED J ! ~~~"STAT~ON ! .JU -H:C \J f- ~ ~t= t-.>.sf- ~ f:: I- l- I- ~t: ~ I- "-j:.: 'j:. 'r !/r'..t- I- ~ 1/ '" / '" V EXISTING FORCE MAIN TO BE ABANDONED \ [\...- 8M EL=60.34 rl~ .~. LU I / - Q1 ~ I i <( o Cl:' 1:.:- r It,C ~)OA~ f-- l~ \ I \ II I \ I \ lill Ili.l~ - trr ~n~ 1\\IIIIF~Fl -\ \ \ \ \ \ \ ~..... ~ ir- ~ CL 01 :2 ~ N.T.S. o z <( 0::: II Exhibit I'll Page 1 of 1 Sanitary Sewer Colaction Main Reinbursament for Northwest Crossilg Off-Site 15- Gravity Line <0 2006 by Urban Engineering /',IIURBAN ENGINEERING '-.: CORPUS CHRISTI. TEXAS ./ p.o. DC -. __ ~ 1PIlII 711... ... PHONE: <38') 884-3'0' "Pi ~~--' JOB NO. 20..40~ DATE: 1/03/06 BY:cg/toAFH LaJ Z :J z i~ C>....,i . ." - m =t- -'-'-' ~;. ji? ~~:;~S~ , ~~;-'- <- B in ' -I " ~ <C t:; u-' ~~ CD '..n~ -tn rt !~- .~ i&" -..-")'" N <0 c:i " ''':-.'~~ ~I 0 " 0" ~ ~~ ~ N ~ "~~/t~~~ ".n " A~ 'Gh " ,- . ~ "cP, ~ tf/ "'A. / - - - - ~ ),',"" '~O 'at D r ~~~ IJ IDffi~ I c:: W IE - .e z 6 E :::> 1[-111 & ~ C) ~ 16 .0 ~ZIE ~ ~ -IW8 io ~ !lliZ .. .-,,) g ~-I~ ~ ~JO .. ~---j ~~il i~~1 ~~li..1 C>~~ ~ 0- af> .~ '" c:: .& c:: w ,Ol~ ... a> 11~ + .n IB~ ~ :::>z ~i3 V) ~8~ .1.,0, x 1.,'" .",'" x 0,<::' co + o ~ ~ V) I I:t o ",'" x ~ - - >-0. ....... ~ ~ ~ I~;~ . \ ~~ ~~ lLj " :5 0::1 Cf ,./.. Il'~;'ilil ~ ~ Exhibit 2 II I IY/HX3 <;(K H 1 'liMp' UlI1J.OO 'INn A.1Jf\\flI9 <;O-SHr\' P age 1 of 1 'filL "'" 81 :rc.. <;OOV<;lfl .c...~ x <0" .... o .... ... e: CD E CD en ....(1) ::::J... .a-- E(/) -is J.. a:QCD e: c: -- -- C)..J ase: ~.- ~ C'D.., C'D-- e:O> O....as UO(; :i 1ii. o (1)10 o ~,... ....OC CD 1:: ~O ~z ~ .... as ... -- c: as (/) lJa(o.\d\:S CITY OF CORPUS 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" FIRM NAME: Shaws Develooment Joint Venture ("Deve/ooer") STREET: 101 N Shoreline, Suite 600 CITY: Comus Christi ZIP: 78401 FIRM is: 1 Corporation 0 5. Other 0 2. Partnership 0 3. Sole Owner 0 4. Association 0 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' N/ A 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 N/ A 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 N/ A Board, Commission or Committee 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 N/ A Consultant CERTIFICA TE 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: John Wallace . (Type $1"";/ Signature of Certifying Person: ~ .V~ . Title: Authorized Reoresentative Date: II Exhibit 3 II Page 1 of 1 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 seff-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.