HomeMy WebLinkAboutC2006-254 - 7/11/2006 - 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
Aweement ("Agreement") is entered into between the City of Corpus Christi (hereinafter
"City'1, a Texas home-rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469-
9'Zl7, and JJAR Development, LLP, a Texas limited liability partnership, 4933
Ambassador Rd., Corpus Christi, Texas 78416 (hereinafter "Developer").
'MiEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat to
d8tlelDp a tract of land of approximately 13.325 acres called Legends of Diamante Unit
1 located on the north side of Slough Road, east of Rodd Field Road, as shown in the
attIBched Exhibit 1:
VVHEREAS, the City's 1983 Sanitary Sewer Master Plan requires the construction of a
sanitary sewer collection line extension in order for Legends of Diamante Unit 1 to have
sanitery sewer service;
WHEREAS, the size of the collection line is required to be 18-inches to achieve the
grede necessary to serve the area of the Legends of Diamante preliminary plat;
VVHEREAS, Developer, will soon be commencing construction on infrastructure and
retBted site improvements in accordance with City approved construction plans and
specifications;
VVHEREAS, under the Platting Ordinance, the Developer is responsible for construction
of a sanitary sewer collection line extension;
\NttEREAS, 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;
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;
\NttEREAS, it is in the interest of the City and the Developer for the 18-inch collection
line to be constructed along with the Developer's project at this time;
NOW, THEREFORE, for the consideration set forth hereinafter, the City and Developer
agree as follows:
2006-254
07/11/06
M2006-206
101'6
J.IAR Development
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1 REQUIRED CONSTRUCTION
The Developer shall construct the 18-inch PVC sanitary sewer collection line needed for
legends of Diamante Unit 1 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, acceptable to the
City's Director of Engineering Services, to prepare plans and specifications for
the 18-inch PVC sanitary sewer collection line, as shown in Exhibit 2, with
the following basic design:
(1) Install 1 ,183 linear feet of 18-inch PVC sanitary sewer collection line (8'_
10' deep).
(2) Install 1,477 linear feet of 18-inch PVC sanitary sewer collection line
(10'-12' deep).
(3) Install 3 (three) 4-foot diameter manholes (8'-10' deep).
(4) Install 3 (three) 4-foot diameter manholes (10'-12' deep).
(5) Install 4 (four) 18-inch stub-outs and plug.
(6) Install 2,660 linear feet of trench Safety.
(7) Repair safety end treatment and culvert.
(8) Install 2,660 linear feet of Dewatering.
(9) Install 2,660 linear feet crushed stone embedment.
(10) Traffic Control
(11 ) Performance and Payment Bonds
The sanitary sewer collection line will be constructed from an existing
manhole located in front of Greystone Unit 1 Subdivision and extend in an
easterly direction, parallel to Slough Road, and terminate at a proposed
manhole located near the intersection of Slough Road and proposed
Amethyst Drive.
b. The plans and specifications shall comply with City Standard Wastewater
Detail Sheets and Standard Specifications.
c. Before the Developer begins construction... the plans and specifications must
be approved by the City's Director of Engineering Services.
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3. SITE IMPROVEMENTS
Prior to construction of the 18-inch sanitary sewer collection line, the Developer shall
acquire and dedicate to the City the required utility easement or right-of-way for the
intlallBtion of the 18-inch sanitary sewer collection line.
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 aontract and induele within the contract that the 18-inch sanitary sewer collection line
shtll a,e constructed, in accordance with the approved plans and specifications, and
completed by July 31, 2007.
6. TIME IS OF THE ESSENCE
Time is of the essence in the performance of this contract.
7. DEFAULT.
The following events shall constitute default:
a. Developer fails to engage a professional ef19ineer 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 groject,
according to the approved plans and specifications, by the 70 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.
e. Developer's contractor fails to complete construction of the project, according
to the approved plans and specifications, on or before July 31, 2007.
In Ile event of default, the City shall have all its common law remedies in addition to the
follo.,.;ng:
a. Cancellation of this reimbursement agreement without notice or cure.
b. Refusal to record plat(s) or issue any certificate of occupancy for any
structure to be served by the project.
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8. 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 tlird party beneficiary of each contract.
9. PERFORMANCE AND PAYMENT BONDS.
Developer shall require its contractor for the construction of the project, before
beginning the work, to execute to Developer and the City a performance bond if the
contrect is in excess of $100,000 and a payment bond if the contract is in excess of
$25,000. The performance and payment bond shall comply with Texas Government
Code, Chapter 2253 and shall be in the form and substance as attached hereto.
10. NOTICE.
Should Developer fail to perform any obligation or duty of this agreement, the City shatJ
give notice to Developer, at the address stated above, of the need to perform such
obligation or duty, and should Developer fail to perform the required obligation or duty
witlin 15 days of receipt of the notice, the City may perform the obligation or duty,
cherging the cost of such performance to Developer. 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. Notice required by the paragraph may be by United States Postal
S.-vice, 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 alternative, in the event of Developer's failure to cure any such
breach after notice, the City may terminate this agreement. The provision for notice and
cure contained herein shall not apply to a default under paragraph 7 hereinabove.
11. WARRANTY
Developer shall fully warranty the workmanship of and function of the sanitary sewer
gravity trunk main, sanitary sewer trunk force main, and lift station and the construction
th4treof for a period of one year from and after the date of acceptance of the facilities by
the City Engineer.
12. REIMBURSEMENT
a. The City will reimburse the Developer 100% of the cost of the 18-inch sanitary sewer
coIection line, not to exceed $160,776.00. See Cost Estimate attached hereto as
Exhibit 3.
b. The City will reimburse the Developer for expenses incurred for the preparation of
pl.,s and specifications for the 18-inch sanitary sewer collection line by the professional
e"lineer hired by the Developer. However, the expenses may not exceed 7.5% of the
costs of construction of the 18-inch sanitary sewer collection line.
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13. INDEItfNIFICA noN. Developer shall indemnify and hold harmless the City, its
.",., oftlcers, and entployees from all suits, actions, or claims and from all
liellly for any and aI/injuries or damages sustained by any person, including
wltheut limitation work81S compensation, personal injury or death, arising from
or incident to this 1B-inch sanitary sewer collection line construction.
14. This agreement is a covenant running with the land, Legends of Diamante Unit 1, a
subdivision in Nueces County, Texas, and shall be recorded in the Official Public
Records of Nueces County, Texas.
15. DISCLOSURE OF OWNERSHIP INTERESTS. Developer further agrees, in
cornptiance 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 i dayot'- .~
ATTEST CITY OF CORPUS CHRISti
,2006.
Arft1~~~.Secretary By
APPROVED: <.~ day of J",l'f
By: I.. t.J5mdiu
~. Smith
Assistant City Attorney
for the City Attorney
,2006
{\ { I\(J~ {; ~ A. 0 ~ AU I HU!(ILL.
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THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on <\\ '~J 2006, by
G80rge K. Noe, City Manager, City of Corpus Chri Tex a Texas home-rule
mll'l,~pal corporatio, n bet;l,alf of the corporation.!
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N..&A P bf' St tofT '\ ..,."1 Pll~ Connie Park5
\AClry U IC, a e exas \ f~ ~ Mv Co,nmlssion Expires
i '\ ~.--+, No.emb.,H 09 2007_
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DEVELOPER:
ATTEST:
JJAR Development, LLP
By:
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mes Tracy, General partner;J---
By:
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on ()(O. 28 , 2006, by
James Tracy, General Partner, on behalf of JJAR Development, LLP.
MJAu // ~h7hz"
Notary Public, State of Texas
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..... 28. 2001
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PROJECT
LOCA TION
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LEGENDS OF DIAMANTE UNIT 1
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LOCATION MAP -
Exhibit 1
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REVISIONS
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PO.Box 2927 Corpu, Christi. Texas 78W}
820 Buffalo St., Corpus Christi. TOllO' 78W!
phone. :561.8!l7.lI851
lax :561 .8!l7.8855
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Off-Site Sanitary Sewer Cost breakdown
Exhibit 3
ITEM DESCRIPTION UNIT QUAN. UNIT TOTAL
PRICE COST
1 18' PVC (8'-10' Cutj LF 1,183 $73.00 $86,359.00
2 18' PVC (10-12' Cut) LF 1,477 $86.50 $127,760.50
3 4' Diameter ManhOle (8'-10' Deep) EA 3 $3,500.00 $10,500.00
4 4' Diameter Manhole (10'-12' Deep) EA 3 $3,800.00 $11,400.00
5 18" Stub Out and Plug EA 4 $210.00 $840.00
6 Trench Safety LF 2,660 $1.00 $2,660.00
7 Repair Safety End Treatment and Culvert EA 1 $750.00 $750.00
8 Dewatering (if needed) LF 2,660 $1.00 $2,660.00
9 Crushed stone embedment! if dewatering) LF 2,660 $2.00 $5,320.00
10 Traffic Control LS 1 $650.00 $650.00
SubTotal $248,899.50
75% Engineering fee $18,667.46
Payment and Performance Bonds $8,100.00
Total $275,666.96
I Maximum Reimbursement Unit 1 $180,873.00
I Less Lot Acreage Fee Credit Unit 1 ($20,097.00)
I I Reimbursement Amount for Unit 1 $160,776.00
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I $275,666.96
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I I Reimbursement Authorized When Unit 2 Plats I $114,890.96
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I Exhibit 3 I
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 JJAR Develooment. LLP
STREET: 4933 Ambassador Rd.
CITY:
Corcus Christi
ZIP:
78416
FIRM is: 1. Corporation
5. Other
2. Partnership X
3. Sole Owner
4. Association _
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. Shlle the names of each "employee" of the City of Corpus Christi having an "ownership interest"
cORstltuting 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"
cORstltuting 3% or more of the ownership in the above named "firm".
N~e T~
NlA
3. S.e the names of each "board member" of the City of Corpus Christi having an "ownership interest"
COl'lstltuting 3% or more of the ownership in the above named "firm".
Name Board, Commission or Committee
N/A
4. Sl8te 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:
James Tracv
Title:
General Partner
(Type or prin~ ~
Signalure of Certifying person:( AAAJ \ J- Date:
lo(d-fll~~ .
II Exhibit 4 II