HomeMy WebLinkAboutC2006-302 - 7/27/2006 - NA
\GREEMENT FOR TEMPORARY IMPROVEMENTS
STA TE OF TEXAS *
COVNTY OF NUECES *
THIS AGREEMENT h a developer participatIon agreement as authorized by Chapter 212,
Texas Local Government Code and entered into between the City of Corpus Christi, a Texas
Home-Rule MuniCIpal Corporation. P.O. Box 9277, Corpus Christi, Texas 78469-9277,
here 111 after called "City" and AI Development. Inc., at Texas corporation, 6530 Samba Drive,
Corpu~ Chlisti, Nuece.... County. Texas 78414, hereinafter "AI Development," Springfield
Development. Inc.. a Texas corporatIon, 620 I Meadow Vista Drive, Corpus Christi, Texas,
78414. hereinafter "Spnngfield." and Gulf Coast Equities, Inc., a Texas corporation, 5333
Yorkto\\n Blvd. COrpllS Christi. Texas 78411,. hereinafter called "GCE." Al Development,
SpnngtlclcL and (iCE may heremafter he referred to collectively as "Developers."
WHEREAS, Ai Develllpment. Springfield. and GCE. in compliance with the City's Platting
Ordmance. have filed and/or rel()J"(led plats to develop the following:
South FDrk Unit ,\.
South FDrk Unit 4.
South Fork Unit ). and
Morningstar Lmt 2. and
NP Homes. LLC. a Texas I1mited liability corporation, anticipates recording a plat to develop
Greenflelds by the Bay 3 approved by Planning Commission on April 5,2006;
herell1after called "Developments" and
WHEREAS, Developers have commenced or will soon commence construction of
infrastructure and relmed site Improvements WIthin the Developments in accordance with
City approved construction plans and speCIfications. and
WHEREAS, Developers deSIre to proceed with construction and sale of residential units
withouI delay and interruption. and
WHEREAS, each Development IS located within the Greenfields by the Bay Lift Station
Sen Ice A..rea as shown 111 EXHIBIT 1, and
WHEREAS, the Greenfields by the Bay Lift Station was determined to be operating at or
near capacity per DeSIgn Memorandum submItted by Naismith Engineering, Inc., dated
December. 2004. as rev Ised February 17.200)
WHEREAS, CIty reqlllres a temporary means of increasing the capacity of Greenfields by
the Bay Lift StatIOn to handle the additional flows from Developments until the existing Lift
Statlon and 8-mch Force Main IS replaced with an new larger Master Plan Lift Station and
l2-lnch Force Main.
WHEREAS,
II IS m
the best interest of the City and Developers for the temporary,
leclric pumpll1g system with electrical upgrade fully integrated with
be designed and constructed at this time;
Page 1 l)f 9
2006-302
07/27/06
c\llle\-elopment. Ine., {.t al
....,.........-
\VHEREAS, AI Develupment. Springfield, and GCE entered an agreement with the City on
or about May 25. 2005 lor the constructIon of the temporary improvements;
WHEREAS, pursuant to such agreement, Al Development, Springfield, and GCE deposited
the sum of $51,99560 with the City to assure construction and completion of the temporary
improvements; and
WHEREAS, the temporary Improvements have not been constructed and Developers and the
CIty desire to cure an v defaults and provide for the prompt construction of the needed
temporary Improvements.
NOW THEREFORE\ to prOVIde for the installation of a temporary pumping system within
the Greenflelds by the Bay Lift Station to increase the operating capacity of the existing lift
station to handle the inl'reased flows from the Developments until the new Master Plan Lift
StatIon and 12-Inch Force TYhun are tully operatIonal, the City and Developers for and in
conSIderation of the mutuall:ovenanls herem exchanged to be kept and performed, the parties
do hereby ccnenanL and agree as folluws:
FUNDING
,,\1 Development. Springfield, and GeE agree that they will pay $66,995.00 for
the design, lonstructlon. and installation of the reqUIred temporary improvements,
of which $'\ 1,995.60 has been heretofore deposited with the City and shall be
used to pay for the design. construction and installation of the required temporary
lmprovemerts.
h. rhe total lOSt of the design. construction and installation of the required
temporary impnnements WIth electrical upgrade IS estimated to be $115,342.60
Exhibit _'-
Developers understand and agree that it IS anticipated that NP Homes, LLC,
1l1tends to plat Greenfields by the Bay 3. and upon recording, shall be required to
pay the sum of $14..::;74.00 that shall be paid to Developers to reimburse them for
their additional expense above the $51.995.60 to pay for the design, construction,
and installation of the reqUIred temporary Improvements.
d. The CIty wlll reImburse 532,000.00 from the Sanitary Sewer Trunk Force Main
and LIft StatIOn ConstructIon and Reimbursement Agreement. These funds shall
he used for dectncal work installed for the temporary improvements, which will
he retained and Llsed for the new permanent improvements to the Greenfields by
the Bay Lift StatIOn.
e The City agrees to and shall pay $24,999.00 to make up the funding shortfall of
$16,773.00 and cover any contingencies that may occur during construction of the
required temporary improvements.
P~ge .2 of 9
REQlilRED TEMPORARY IMPROVEMENTS
The Al Development will design and construct the installation of a self
cuntained, fully automatic, self pnming, electric temporary pumping system
on skIds. complete In place and ready for operatIOn in compliance with the
following requirements or approved equal:
Install Concrete Pad, Footings, and Pipe Support
II Install 2 (two) DV-150 Electrical Pumps Open Skid / 50 HP Motor,
\\/35' -6" high Pressure Suction Hose
111 Install ConnectIon to Existing Force Main
I \ Install Electncal Work
\ Install 102 LF Chain Link Fence
\ 1 Install 2 (two) 10' Double Swing Gate
Vll. Install 2 (two) 6" FL D.1.. 90 degree bend
\111. Install 2 (two) 6" FL Check Valve wi Lever Arm
I\ Install 2 ItwO) 6" FL Resilient Seated Gate Valve
x Install 2 (two) 6" FL D.1. Tee
Xl Install I lone) 6" Blind Flange
Xli. Install 3 (three) 6" FL D, I. 45 degree Bend
XliI. Install 24.) LF 6" FL D.1. Pipe"
PLANS AND SPECIFICA TIONS
Al Development shall retain a professional engineer to prepare plans and
speCIfications for the required temporary improvements and award the construction contract
for the InstallatlOn of the reqUIred temporary improvements in the Greenfields by the Bay
LIft StatIon to serve the Developments, subject to review and approval by the City.
CITY ACCEPTANCE, OWNERSHIP AND MAINTENANCE
d. The Cit\ wIll assume permanent ownership of the temporary pumping system
subject In testIng, inspection and acceptance by the City.
h The City will maintal11 the temporary pumping system until the new Master
Plan Lilt Statinn and Force Main are constructed, accepted and fully
operational.
CONSTRUCTION CONTRACT AWARD BY AL DEVELOPMENT
AI Development wIll award a construction contract and complete the design and
construction of the required improvements within 45 calendar days in accordance with
approved plans and specifications.
ADDITIONAL DEVELOPMENTS
The City agrees to collect the proportionate share of the cost as identified at the time
of recording a plat. not identified hereinabove, from any additional developer that opts to
submit a plat during the time the temporary pumping system is operational and Master Plan
Lift Station and new Force MaIn is not accepted by the City. The proportional share will be
Page 3 "f 9
........ -"-
based 'm the numbel of lots to he added to the total included in this agreement.
The City and Developers agree that any such proportionate share collected from any
additIonal developer shedl be used first to reimburse the City for Its contribution and expenses
related to the deSIgn. constructHm and installation of the reqUIred temporary improvements
and after the City has been fully reimbursed. then such proportionate share of costs collected
from any addItional de\ eloper shall be remitted to each of the Developers as reimbursement
ot theIr proportional share of the payment based on number of lots,
INDEMNIFICATIOl\
Al Development shall indemnify and hold harmless the City, its agents, officers
and employees ("Indemnities") from all suits, actions or claims and from all 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
required temporary improvements construction.
APPROVALS
('ity agrees not 10 unreasonably withhold approval of the plans, progress evaluations,
or rClmbursement. Approval of progress evaluation and of reimbursement shall be
contmgent upon venfication of satIsfactory inspection and testing results. Approval of plans
shall bl' contingent upnn AI Development's engineer complymg with review comments of
Cltystatf
DEf'AULT
The followmg events shall constitute default:
a\1 Development fails to award a contract for the construction of the project,
according to the approved plans and specifications, by the 5th calendar day after
the date of approval by Clty Council.
h AI Development's contractor does not reasonably pursue construction of the
project according to the approved plans and specifications.
\1 Development's contractor fails to complete construction of the project,
according to the approved plans and specifications, on or before July 1,2006.
11 City tails to approve the plans, upon designer compliance with City staff
comments, nr make appropriate reimbursement under the reimbursement section
uf thIS cnntLiCt.
In the event of default. the Cny and AI Development shall have all its common law
remedlcs in additIOn to the following: Cancellation of this agreement.
PERFORMANCE AND PAYMENT BONDS
AI Development shall require Its contractor for the construction of the project, before
beginning the work, to execute a performance bond and payment bond naming Al
Development 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
Page -4 ()f 9
NOTI C E
Should City or \1 Development fail to perform any obligation or duty of this
agreement. the CIty or \1 Development shall gIve notice to the other party, at the address
stated abOve, of the need to perform such obligation or duty. Should AI Development fail to
perform the required obligation or duty within 15 days of receipt of the notice, the City may
perfom1 the obligatIOn dr duty. charging the cost of such performance to Al Development by
redul:ing the reimbursement amount due hereunder. Should the City fail to perform the
reqUired obligatJon or Guty \vithln 15 days of receIpt of the notice, City will be liable for all
costs. tees, dnd Interest resulting from said failure. AI Development will pay to City the cost
of sllch performance wlthin )0 days from the date AI Development receives notice of the cost
of such performance. ('ity shall pay to AI Development any costs, fees, or interest within 30
days from the date the City receives '\Jotice. NotIce required by this paragraph may be by
tnited States Postal ServIce. First Class Mail. Certified. Return Receipt Requested, postage
prepaid: by a:ommerc!al delivery servIce that provides proof of delivery, delivery prepaid;
01 b\ personal delJvt:T) In the l?Vent of City's or AI Development's failure to cure any such
breach aftel notIce. ihe City or \1 Dnclopment may terminate this agreement. Al
Development shall he paid for work already completed and accepted.
WARRANTY
AI Development shall have contractor execute a warranty of the workmanship of,
functIon of the reqUired temporary improvements and the construction thereof for a period of
one year fwm and after the date of acceptance of the faci lities by the City Engineer. Said
warranty wIll be assigned and transferred to the City upon completion of this project.
REIMBURSEl\tENT
a. The Cny wi1 reimburse AI Development up to 100o/c of the cost of the required
temporary impruvements. not to exceed $115,342.60, from the funds identified in the
funding paragraph above and held by the City, upon satIsfactory completion, testing,
Inspection, and,'ompliance with approved plans and specifications. This
reimbursement, )bligation shall not include any funding from the contingency funds
for this proJect"et aSide by the City, unless and until Developers and City enter into a
\vritten agreement authorizing expenditures to he funded from such contingency
tLmds.
h The City fUrl her agrees to properly reimburse Al Development on a monthly basis
and upon mvoicmg for work performed, tested and inspected. Such reimbursement
shall be made ni) later than 30-days from the date of the invoice. Should City fail to
reimburse AI Development 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 wlthin 7 calendar days after receipt of the invoice in writing to the
address above. hy first class mail, return receipt requested. The City's failure to
pro\ ide notice \\ ithin 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 anginally submitted invoice. AI Development is to submit all required
Page:;; \,f l)
pertormance and payment bonds and proof of required Insurance in accordance with
applicable laws The City agrees to conduct periodic inspections and approve the
prog.ress uf the,vork at key pOl11ts during construction,
~. The City wili reimburse Al Development for expenses incurred for the preparation
of plans and specifications for the required temporary improvements by the
professional engineer hired by Al Development. However, the expenses shall not
exceed $3.6~7.60, approximately 7.5o/c of the original estimated costs of construction
of the reqUired temporary improvements. $51.995.60.
TOLLINC
From the date A I Development submits complete lift station and force main plans and
speCifications or work lor 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 III the default sectloll shall be suspended pending cure and
approval. After approval is obtained. the dates 1Il default shall be extended by the time taken
to gain said approval OJ resolution of the issue
}'ORCE MA.JElJRE
The term '"force maJeure" as Llsed in thIS agreement shall mean and include: acts of
God. floods. storms. exploslOn. fires. labor troubles. strikes, 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, Al Development
is prevented from satisfying or meeting any condition of this agreement or from complying
with dny express or Implied cO\enant thereof. then while so prevented, such condition shall
be suspended and AI Development shall be relieved of the obligation to comply with such
covenant and shall not f)e liable in damages for fai lure to comply therewith; and this
agreement shall be extended and continued in force while and so long as Al Development is
prevented by force maJeure frorn performing under thiS agreement.
DISCLOSURE OF OWNERSHIP INTERESTS
AI Development further agrees. In compliance with the City of Corpus Christi
Ordinance No. J 7 J 12, 10 complete. as part of this Agreement. the Disclosure of Ownership
interest'.; form attached hereto as Exhibit 4.
rhls agreement shall become effective and shall be bmding upon and shall insure to
the henefit of the parties hereto and their respecti ve heirs, successors, and assigns from and
after the dale of cxecutmn.
Page 6 of 9
EXECLTED IN DUPLICATE originals, this Z~._ day of .:\1,\"1
, 2006.
AL DEVEftOPMEN"l:
V {'--
Al e ostaghasl
President, Al Development. Inc
Attest:
Secretary
ST ATE OF TEXAS *
COUNTY OF NUECES *
This Instrument was acknowledged hefore me liJ/::JInIOb ,2006, by
Alireza.Mostaghasi. as PresIdent, of AI Developri1ent~ Inc a Texas Corporation.
SPRI.I).~~.F ] E.....~:....("d d
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Alex AI' i
PresIdent. Springfield Development. (ne.
e~
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. . .-.,.:
JUNE A. AEBIG
MY COMMISSION EXPIRES
MaR:h 21, 2010
Attest:
Secretarv
STATE OF TEXAS *
COUNTY OF NUECES *
This Instrument was acknmvledged hefore me hl~1) J LJ rvc- ,2006, by
Alex.A.~ali. as PLesiden.t. of Springfield Development, Inc.. a Texas Corporation.
"""''''''
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W"#(>.' J.-.f;-.
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JlN: A. FIEBIG
MY COMMISSION EXPIRES
MIn:h 21, 2010
N
Page 7 llf 9
........'~...
GCI
\1iChael~J'
PresIdent, Ciulf Coast ~'quitles, Ine
L\ttest
Secretary
STAff. O~ TEXAS .~
~
COI:t\TY OF NUECI S S
fH-
'rhis instrument was acknowledged before me ;;~___~_~~ ~___ ,2006, by
Micha~1 Bridges_ as E.resid_~m. ofeiulfCoast Equities, lnc, a Texas Corporation,
ex ~f'],~~
Notary Public, State of Texas
1~~i1~~.\ CHARLES F. BAISH III
'''r:;. : E Notary Public, State of Tellis
V. ....; My Commission Expires
,~,{:~~t..~ Februarv 1., 2010
Page 8 019
."... .,-
AnESI
THE CITY OF CORPUS CHRISTI
Ge~ity Manager
A;m;nd~:ary-
APPROVED:
~__ day ot
~.:::_._-_.:_-./....---.-_.. ',----- -,,' '.--.
. .2006
By:Ah... j, .~_~____ ___
Gary W Smith, Assistant City Attomcv
For the City Attornev
- -
STATE OF TEXAS *
COUNTY OF Nl'ECES *
This lTIstrulTIent was acknowledged belore me on ~ ~ ~L\ 3, , 2006, by George
K No" CIty Manager of the CIty o[ Corpus Christi, II X:. ~~xa_ s h00:-!rul~,^m _u /niCiPal
corporallon, on behalf, ,f saId corporatIon, \ E\.L-VJJ./ r (}..;~I/J"
Notary Puhlic, State of Texas
~....~'( P&~ Conme Parks
f*. .~ My commlS.SlOn Expires
'\~Of$ November 09. 2007
Pa~e 9 (It L)
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Amended Cost Estimate
Greenfields By the Bay Lift Station Temporary Improvements
Item I Description Quantity Unit Unit Cost Total
1 -tiQ:ncrete Pad, Footings, and Pipe Supports 1 LS $5,750.00 $5,750.00
2 -150 Elect Pumps Open Skid/50 HP 2 EA $25,000.00 $50,000.00
./35'-6" Hiah Pressure Suction Hose
3 onnection to Existing Force Main 1 LS $3,000.00 $3,000.00
4 lectrical Work 1 LS $32,000.00 $32,000.00
5 hain link Fence 102 LF $50.00 $5,100.00
6 0' Double Swina Gate 2 EA $1,250.00 $2,500.00
.... e" Fl 0.1 90 dearee Bend 2 EA $600.00 $1,200.00
I
8 6" FL Check Valve w/Lever Arm 2 EA $2,000.00 $4,000.00
9 e" FL Resilient Seated Gate Valve 2 EA $1,000.00 $2,000.00
10 e" FL 0.1 Tee 2 EA $725.00 $1,450.00
11 e" Blind Flanae 1 EA $900.00 $900.00
12 ." FL 0.1 45 deQree bend 3 EA $700.00 $2,100.00
13 ." FL 0.1 Pipe 25 LF $70.00 $1,715.00
Construction Sub Total $111,715.00
--
EnQineenna $3,627.60
TOTAL $115,342.60
II Exhibit 2 II
Page 1 of 1
'...... ,-
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
City of Corpus Christi Ordmance 17112, as amended, requires all persons or finns seeking to do business with the
City to provide the followmg infonnation Every question must be answered. If the question is not applicable,
answer with'NA
FIRM NAME--A:_L__.)~ v=~['~~r \ "'t (
STREET -,r ,~_~~~u~~..._ CITY:.
FIRM is: ijCofporation 2 Partnership.
ZIP: '7 9-''1 ~
c - (
3 Sole Owner
4. Association
~, )tner
DISCLOSURE QUESTIONS
If additional space is necessary. please use the reverse side of this page or attach separate sheet.
1 St.ae the names of each "employee" of the City of Corpus Christi having an "ownership interest"
cOltstituting 3% or more of the ownership in the above named ''firm''.
Name Job Title and City Department (if known)
,J-, -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
------jJ----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
~/. =-A::--
4. StAlte 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
---jtJ---A-- --
CERTIFICA TE
certify that all mfonnation plOvided is true and correct as of the date of this statement, that I have not knowingly
withhl,ld disclosure of any infonnation requested; and that supplemental statements will be promptly submitted to
the City of Corpus Christi. Texas as changes occur
"::ertifying Person:._ .-4--L-.t"" r f -,J LA. f!..--
(Type or Print; "
S,gn....'e of Certifying person:~.::.__~ ,--:_ _
Title:
t 1..1,' 114>/
Date:
1---'- b- f) 6
II Exhibit 3 1\
From: Chip Baish
II LETTER OF TRANSMITTAL \
I I Project #:
i Date: July 26, 2006
I
i Attn: Gary Smith
I
I RE: Greenfields by the Bay Temporary
Pumping
City of Corpus Christi
kvelopmvl'l S,.:rc IU>,
'406 L,,'1I'drd
orpus (In hti. r':\:d: "R4' iX
!'!lOIll: ( :,()! X2"-.12~( I I .1:\ :-\2(1-; 5lJII
To: Ga."y Smith
\\'c arc scnding you 0 Attached 0 Lnder separate co\cr \ ia_.~__ the following items:
o Shop Drawings 0 Prints DPlans 0 Sample 0 Specifications
o COP: ,)1 letter 0 Change Orde! D
~
I
DA Tf= -t--
!-.2~\greel~len~ For Temporary Improvements w/original signatures
DESCRIPTION
COPIES
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These are Transmitted as checked helow:
'5f! For Appwval
b For YOIl1 !he
o As requeskd
o For rev le\\ and comment
o For Bids Due 200<,
REMARKS:
o '\pprm ed as submitted
o Appro\ ed as noted
o Returned lor Corrections
o Prints returned after !oalllO us
o Resubmit............ Copies for Approval
o Submit............... Copies for Distribution
o Return................. Corrected prints
o
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c,;k
.
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SIGNED~ ~J
COpy TO:
FU -X
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