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HomeMy WebLinkAboutC2006-184 - 5/23/2006 - Approved SANITARY SEWER TRUNK FORCE MAIN AND LIFT STATION CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This SANITARY SEWER TRUNK FORCE MAIN AND LIFT STATION CONSTRUCTION AND REIMBURSEMENT AGREEMENT ("Agreement") is entered into between the City of Corpus Christi (hereinafter "City"), a Texas home-rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469-9277, Corpus Christi, Texas, 78469-9277, and AI Development, Inc., a Texas Corporation, 6530 Samba Drive, Corpus Christi, Texas 78414 (hereinafter "Developer"). WHEREAS, Developer In compliance with the City Platting Ordinance, has filed a plat, approved by the Planning Commission on June 1, 2005, to develop a tract of land of approximately 12.48 acres called South Fork Unit 4 Subdivision along the north side of Brooke Road, east of Rodd Field Road, as shown in the attached EXHIBIT 1, and WHEREAS, the Developer has recorded the plat for South Fork Unit 3 and other devefopers of South Fork Units 5 and Morningstar Unit 2 have approved or recorded plats within the Greenfields by the Bay Service Area and require improved wastewater service capacity, and VVHEREAS, the City's 1983 Master Sanitary Sewer Plan for the Southern Portion of Corpus Christi, as amended by Ordinance No. 025636, on January 20,2004, requires a lift station of sufficient capacity to serve the Greenfields by the Bay Service Area totaling 647 acres. and VVHEREAS, the Design Memorandum prepared by Naismith Engineering, Inc., dated December, 2004, and revised February 17, 2005, established that the existing lift Station NO.1 047 in the Greenfield by the Bay Service Area does not have sufficient capacity to serve the area, and VVHEREAS, the Design Memorandum recommends the construction of a new Master Plan lift Station with 12-foot diameter wet well and a 12-inch Force Main to replace the existing lift Station No. 1047 in order for South Fork Unit 4 and the other subdivisions to have adequate sanitary sewer service, and MtEREAS, under the Platting Ordinance, the Developer is responsible for construction of new Master Plan Lift Station with 12-foot diameter wet well and a 12-inch Force Main, and WHEREAS, under the Platting Ordinance, the Developer is eligible for total reimbursement of the Developer's costs for the construction of new Master Plan lift Station with 12-foot diameter wet well and a 12-inch Force Main, and 2006-184 OS/23/06 M2006-153 1 of? \1 De' elopment WHEREAS, it is to the best interest of the City and the Developer for the new Master Plan Lift Station with 12-foot diameter wet well and a 12-inch Force Main be constructed to its ultimate capacity per the 1983 Master Sanitary Sewer Plan for the Southern Portion of Corpus Christi as amended for the Greenfields by the Bay Service Area; 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 new Master Plan Lift Station with 12-foot diameter wet well and a 12-inch Force Main needed for the South Fork Unit 4 Subdivision in compliance with the City's Platting Ordinance and under the plans and specifications approved by the City Engineer 2. PLANS AND SPECIFICATIONS a. The Developer shall contract with a professional engineer to prepare plans and specifications for the new Master Plan Lift Station with 12-foot diameter wet well and a 12-inch Force Main. as shown in Exhibit 2, with the following basic design (1) LIFT STATION: (a) The new Master Plan Lift Station will be constructed within Greenfields Park located just east of the intersection with Canadian Drive and Erie Drive. (b) Lift station structure designed for ultimate capacity of 2.62 MGD. (c) Pump installation and design will be based on the following as part of this Agreement: Three proposed Flygt Model NP 3171-434 (30HP) pumps with duty points of 1670 GPM at 54 ft. TDH with one pump running and no flow from Lift Station No. 11 and 1840 GPM at 78 ft. TDH with two pumps running and full flow from Lift Station No. 11. (d) A force main will be designed and constructed as part of the new Master Plan Lift Station as part of this Agreement. (e) The plans and specifications for the Lift Station must comply with 30 TAC Chapter 317 2 of 7 (2) SANITARY SEWER TRUNK FORCE MAIN (a) Install approximately 3500 linear feet of 12-inch force main based on preliminary alignment and subject to final design. (b) The force main will begin at the new Master Plan Lift Station and extend along Mary Carroll Channel toward Wooldridge Road where it will tie on to the new 16-inch force main approximately 400 feet east of Rodd Field Road or as per final design. The 12-inch force main will be verified by design. (c) Before the Developer starts construction the plans and specifications must be approved by the City's Director of Engineering Services. (d) The plans and specifications for the Lift Station must comply with 30 TAC Chapters 290 and 317. 3. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer shall award a contract and complete the Master Plan Lift Station and Sanitary Sewer Trunk Force Main, under the approved plans and specifications, by June 30, 2007, subject to the tolling provisions set out below 4. CITY OBLIGATIONS AND DUTIES. Upon execution of this document and beginning of construction, mobilization on site, submission of copy of construction contract, and submission of complete construction plans for review,Jhe City will file the Plat of South Fork Unit 4 City agrees not to unreasonably withhold approval of the plans, progress evaluations, or reimbursement. Approval of progress evaluation and of reimbursement shall be contingent upon verification of satisfactory inspection and testing results. Approval of plans shall be contingent upon Developer's engineer complying with review comments of City staff. 5. DEFAULT. The following events shall constitute default: a. Developer fails to engage a professional engineer for the preparation of plans and specifications for this project by the 10th calendar day after the date of approval by City Council. b. Developer's professional engineer fails to submit the construction plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. c. Developer fails to award a contract for the construction of the ~roject, according to the approved plans and specifications, by the 70t calendar day after the date of approval by City Council. d Developer's contractor does not reasonably pursue construction of the project according to the approved plans and specifications. 3 of 7 e. Developer's contractor fails to complete construction of the project, according to the approved plans and specifications, on or before June 30, 2007. f City fails to approve the plans, upon designer compliance with City staff comments. or make appropriate reimbursement under section 11 of this contract In the event of default, the City and Developer shall have all its common law remedies In addition to the following: Cancellation of this agreement. 6. Both parties agree that time is of the essence for both performance of payments and completion of the project. 7 THIRD-PARTY BENEFICIARY. Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project shall provide that the City shall be a third party beneficiary of each contract. 8 PERFORMANCE AND PAYMENT BONDS. Developer shall require its contractor for the construction of the project, before beginning the work, to execute a performance bond and payment bond naming the Developer and City as third party beneficiaries of this contract, The performance and payment bond shall comply with Texas Government Code Chapter 2253 and shall be in the form and substance as attached hereto 9. NOTICE. Should City or Developer fail to perform any obligation or duty of this agreement, the City or Developer shall give notice to the other party, at the address stated above, of the need to perform such obligation or duty. Should 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 Developer by reducing the reimbursement amount due hereunder. Should the City fail to perform the required obligation or duty within 15 days of receipt of the notice, City will be liable for all costs, fees, and interest resulting from said failure. Developer will pay to City the cost of such performance within 30 days from the date Developer receives notice of the cost of such performance. City shall pay to Developer any costs, fees, or interest within 30 days from the date the City receives Notice. Notice required by this paragraph may be 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. In the event of City's or Developer's failure to cure any such breach after notice, the City or Developer may terminate this agreement Developer shall be paid for work already completed and accepted. 10. WARRANTY. Developer shall have contractor execute a warranty of the workmanship of and function of the sanitary sewer trunk force main and lift station and the construction thereof for a period of one year from and after the date of acceptance 4 of 7 of the facilities by the City Engineer. Said warranty will be assigned and transferred to the City upon completion of this project. 11. REIMBURSEMENT a. The City will reimburse the Developer 100% of the cost of the Master Plan Lift Station and Sanitary Sewer Trunk Force Main, not to exceed $975,210.63, upon satisfactory completion, testing, inspection, and compliance with approved plans and specifications. See attached cost estimate, (Exhibit 3). b. The City further agrees to properly reimburse the Developer on a monthly basis and upon invoicing for work performed, tested and inspected. Such reimbursement shall be made no later than 30-days from the date of the invoice. Should City fail to reimburse Developer according to this timeline, and should it be found that the City unreasonably and without good cause failed to pay said invoices timely, City agrees to pay interest on the non-reimbursed amount at the maximum allowable rate under Texas Government Code, Section 2251.025. Any challenge to reimbursement must be made within 7 calendar days after receipt of the invoice in writing to the address above, by first class mail, return receipt requested. The City's failure to provide notice within the time allotted, or manner set out, shall be construed as acceptance of the invoice. Any corrected, adjusted or revised invoice shall be handled as an originally submitted Invoice. Developer is to submit all required performance and paymentbonds and proof of required insurance in accordance with applicable laws. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. c. The City will reimburse the Developer for expenses incurred for the preparation of plans and specifications for the Master Plan Lift Station and Sanitary Sewer Trunk Force Main by the professional engineer hired by the Developer. However, the expenses may not exceed 7.5% of the costs of construction of the Master Plan Lift Station and Sanitary Sewer Trunk Force Main. 12. TOLLING. From the date Developer submits complete lift station and force main plans and specifications or work for approval and continuing until approval of such plans or work is given by the City, or a good faith dispute arise as to the plans, reimbursement, or work performed, all dates listed in Section 5 shall be suspended pending cure and approval. After approval is obtained, the dates in Section 5 shall be extended by the time taken to gain said approval or resolution of the issue. 13. INDEMNIFICA TION. Developer shall indemnify and hold harmless the City, its agents, officers, and employees from all suits, actions, or claims and from all liallillty for any and all injuries or damages sustained by any person, including wieout limitation workers compensation, personal injury or death, arising from thi. Lift Station and Sanitary Sewer Trunk Force Main construction. 14. FORCE MAJEURE. The term "force majeure" as used in this agreement shall mean and include: acts of God, floods, storms, explosion, fires, labor troubles, strikes, 5 of 7 Insurrection, riots, acts of the public enemy, inability to obtain labor, material, or equipment, federal or state law, or order, rule or regulation of governmental authority. If, by reason of force majeure, Developer is prevented from satisfying or meeting any condition of this agreement or from complying with any express or implied covenant thereof, then while so prevented, such condition shall be suspended and Developer shall be relieved of the obligation to comply with such covenant and shall not be liable in damages for failure to comply therewith; and this agreement shall be extended and continued in force while and so long as Developer is prevented by force majeure from performing under this agreement. 15. DISCLOSURE OF OWNERSHIP INTERESTS. 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 hereto as Exhibit 4 16. EFFECTIVE. 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 EXECUTED IN DUPLICATE originals, this I t ~ day of ~, 2006, DEVELOPER: By: \ \ AJ" .-....- AITreza Mostaghasi President AI Development, Inc. ...-' THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on M~i l ~ ,2006, by Alireza Mostaghasi, President, AI Development, Inc., a Texas Corporation. :~~ ~. ~~ Notary Public, State of Texas ~!"J.\!:tt.. '~~'"j'" t.: :.\ 'l . . , ."'. .';'~i ........Ji....;~ . '.,~,..' GUII.I.EAMO M. MEDINA MY COMMISSION EXPIRES MaIch 9, 2009 6 of 7 A TIEST THE CITY OF CORPUS CHRISTI I~ Armando Chapa City Secretary APPROVED: _~ day of May, 2006 By: ~ I!.. , It" t, tJD~ ~ Ity Manager ~~~:ruL Assistant City Attorney for the City Attorney ti)l-;cde ( .' -, L;' - _.2..2... AU I rlVi\II-L IT ~l.__;;j?-:;~.l9!e .k ."'''--,. ... ...~ sn~tnAliP" l tL THE 5T A TE OF TEXAS COUNTY OF NUECE5 This instrument was acknowledged before me on George K. Noe, City Manager, City of Corpus Christi, exas, munier",. a~ corpor~io Jon I:}fha~ of the corporation. i (l0"y Nota ublic, State of Texas , 2006, by Texas home-rule ----~._~- ~'-::-=-:; -~ 1'i ,,"?- Pv~~, connie Paf"'S Ii f ~t':? ': My commiSSIOn ,,<pires \, 'of> '..,'\ ., '9 000' iii, .-:,;~v l"J(:'V~f'Tl_~~i._V______'" _'._ ~_ h..:;;;:;::, ~Of ---:;;;.;;.;;.~ 7 of? ~ , ~. ;; . : ,~ 96 , - , .. - ~ < ~~ ~ < J" ,~; " ' ot "', t ~: ~ c' 2 ~ ~ ~ ~~ ~( ~~ J ~ e t \ ~ ~ . -0 i ~ , < j ~ ~~ ~ t I,~ C It> ~ .-:: ~ ~ { 1 ~ ~ ~"l;; E' ~ '% ~ ~ ~ - l' " ~ 10- e 1: c ~ z: c 'V:)..e- f~ 1 f ~ % Ii' '" 0 _ ~ ~ ~ : ~c (:) ~ GV') t ;;; Co ~ ~ ~ 'b 'ri: o ~i~~~ ~; e ~ ii .1: ~~, ll~ ()~ ~~ ~ ~ ~ ~ 'S ~ ~8~i~ ; ~, ~ " I'~ g .Ii ~ !~ ~ eliS ~;: 'i ~i~ .'- ('.j ~. I ',_.' ! ~ IIi, l~ lit~:c >'~ -~~ ~ , , -i~n~; I. 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Me. 20 19 N 6(10 ST now 43. .1.' 16 -. .~ IS H p!ll 1~i~ t:l.1 I I R~t~.. ..-.::-&"&:"~ ~ u i* ~~ ~ ~~ ~ ~t ilih ~~l h~1 o~i I~"~~ ii~~:J.~~Sl>> C)U oia:.. <III( "" ~==-;:t.-;-~c;;- 18 17 SOUlHi~UNIf~ VOL'-&4:iIGU1. MIR..JotC.,TX . J I Exhibit 11 ! I - ~ I j Page 2 of 2 1.. I"~ f~, , ,'.~i .:;....-..... ...~1;:...- ;:at;'~1i: ~<~." ";;~.-..::~' ~," . "d .....;.... Greenfields By The Bay - Lift Station Improvements Triplex Lift Station Quantity {lnit U nit Price Total Pumps - Flygt NP-3171 (3(1 hp) 3 EA $42,000.00 $126,000.00 Fiberg]ass Wet Well I EA $50,000.00 $50,000.00 ]nstallation of Wet Well/Pumps I LS $50,000.00 $50,000.00 .1 Tie to Existing Wet Well I LS $7,500.00 $7,500.00 Yard Piping LS $15,000.00 $15,000.00 h Suction and Discharge Piping LS $]5,000.00 $15,000.00 Valves LF $22,000.00 $22,000.00 8 Lift Station Accessories Cable Rack, Access Covers. Bracket.. LS $4,000.00 $4,000.00 Floats, Lift Chains, Guide Rails, Guide Rail Bracket LS $6,000.00 $6,000.00 1I Electrical/Controls LS Lift Station Controls (Permanent) LS $2] ,000.00 $21,000.00 Bypass Controls (Bypass) LS $] 0,000.00 $10,000.00 Antenna (Bypass) LS $2,000.00 $2,000.00 Bypass Electrical (Bypass) LS $15,000.00 $15,000.00 Transformer Pad (Bypass) LS $2,000.00 $2,000.00 Trenching / Conduit (Bypass) LS $10,000.00 $10,000.00 Lift Station Electrical (Permanent) LS $20,000.00 $20,000.00 0 Demolition / Misc. Site Work LS $15,000.00 $15,000.00 ! i Standby Power - Emergency Generator LS $45,000.00 $45,000.00 !2 Odor Control System LS $60,000.00 $60,000.00 Ij Dewatering / Well Pointing .5 MO $10,000.00 $50,000.00 14 SCADA System LS $12,000.00 $12,000.00 i:- 4" Crushed Limestone LS $4,497.23 $4,497.23 16 Concrete Drive LS $7,775.00 $7,775.00 ,'"'! CMU W alII Gate LS $25,000.00 $25,000.00 Lift Station Construction Sub-Total $594,772.23 12" Force Main Proposed 12" Force Main 3,500 LF $58.85 $205,975.00 Connection to 12" Force Main (LS # \1 ) I EA $11,000.00 $11,000.00 Force Main Construction Sub-Total $216,975.00 ProfessiOBal Services Engineering 7.50% $60,881.04 Topographic Survey 2.00% $16,234.94 Contract Administration 2.00% $16,234.94 Testing (Geotechnical) 1.00% $8,117.47 Right-of- Way Acquisition $]6,995.00 ROW Surveying, Parcel Descriptions, & Maps $45,000.00 PROJECT TOTAL: $975,210.63 [I Exhibit 3 I Page 1 of 1 NaiSlDlth EogiDeeriDs. Inc. Craig B ThompllOO, P.l' Cost Estimme May 9. 2005 Grecnfields By The Bay Lift Sl8lion Improvements P* 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 STREET: --#L 1'1 {Jr A- jI a.> J 6))( ::>r.. ')<'- CITY:~. c ZIP: 7 ~ VI L( FIRM is: 1. Corporation_____ 2. Partnership __ ___ 3. Sole Owner 5 Other 4. Association _ 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 "finn". Name Job Title and City Department (If known) _._~._- ------.. V01 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 "finn". Name Title .. .-- ItI (/', -, ft/~ 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 "finn". Name Board, Commission or Committee Ii{/'. ,-,.._-,...._.,.,--~--~--_.._._,.._-,_._- IIi #-\ 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 "finn". Name Consultant r' ~ j../ .61, CERTIFICATE i certify that all information provided is true and corred 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: H i I It' {:.>. f1. L>', I?i. fJ... ~ (" , p - (Type or Print) Signature of Certifying Person: (~x'/ ~___- Title: lJ t.l11 ># V Date: 5 12_ 0-6 ~ Exhibit 4 II