HomeMy WebLinkAboutC2006-569 - 12/19/2006 - ApprovedSANITARY 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 by and between the City of Corpus Christi, a
Texas home -rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469 -9277
(hereinafter "City "), and HEB Grocery Company, LP a Texas limited partnership,
646 South Main Avenue. San Antonio, Texas 78204 (hereinafter "Developer ").
WHEREAS, Developer proposes to develop a tract of land located near the
intersection of South Padre Island Drive and Waldron Road, in the City of Corpus
Christi, County of Nueces, Texas, being more particularly described on Exhibit 1
attached hereto (the "Property"):
WHEREAS, Developer will soon be commencing construction of infrastructure
and related site improvements on the Property, in accordance with City- approved
construction plans and specifications.
WHEREAS, under the Platting Ordinance of the City of Corpus Christi (the
"Platting Oridnance"), the Developer is responsible for the construction of a sanitary
sewer collection line extension;
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
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;
WHEREAS, it is in the interest of the City and the Developer for the sanitary
sewer collection line to be constructed along with the Developer's project, in accordance
with the time periods set forth herein:
NOW, THEREFORE, for the consideration set forth hereinafter, the City and
Developer agree as follows:
1. REQUIRED CONSTRUCTION
The Developer shall construct a 10 -inch PVC sanitary sewer collection line (the
"Sanitary Sewer Collection Line') needed for the Property, in compliance with the City's
Platting Ordinance. pursuant to the plans and specifications approved by the City
Engineer in accordance with Section 2 below, and within the time period set forth in
2006 -569
12/19/06
M2006 -434
HEB Grocery Company
1
2 PLANS AND SPECIFICATIONS
a. Within 10 calendar days after the date upon which the City Council approves
the construction of and reimbursement for the Sanitary Sewer Collection Line
(the "Council Approval Date "), the Developer shall contract with a professional
engineer, reasonably acceptable to the City's Director of Engineering
Services, to prepare plans and specifications for the Sanitary Sewer
Collection Line, as shown in Exhibit 2, with the following basic design:
(1) Install 476 linear feet of 10 -inch PVC sanitary sewer collection
line (14' -16' deep).
(2) Install 766 linear feet of 10 -inch PVC sanitary sewer collection
line (16' -18' deep).
(3) Install 2 (two) 5 -foot diameter manholes (14' -16' deep).
(4) Install 1 (one) 5 -foot diameter manholes (16' -18' deep).
(5) Install 1 (one) 5 -foot diameter manholes (18' -20' deep).
(6) Install 1 (one) 6 -foot diameter manholes (24' -26' deep).
(7) Install 1 (one) 10" PVC Cap.
(8) Reconnect existing service connector.
(9) Repair 47 (forty- seven) square yards of asphalt pavement.
(10) Repair 85 (eighty -five) square feet of sidewalk.
(11) Install 1,242 linear feet of OSHA trench safety.
(12) Install 1,242 linear feet of well pointing.
(13) Install 105 linear feet of 18" steel casing, bored in place.
(14) Performance and Payment Bonds.
(15) Install SWPPP controls.
(16) Install Service Connection.
b. The plans and specifications shall comply with City Standard Wastewater
Detail Sheets and Standard Specifications.
c. The plans and specifications shall be submitted to the City's Director of
Engineering Services by the 40th calendar day after the Council Approval
Date.
d. Before the Developer begins construction, the plans and specifications must
be approved by the City's Director of Engineering Services; provided,
however, that, in the event the City's Director of Engineering Services fails to
approve or disapprove of the same by the 20"' calendar day following the date
upon which the same are submitted to the City's Director of Engineering
Services, such plans and specifications shall be deemed approved.
3. SITE IMPROVEMENTS
062007 00451 108626
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3 SITE IMPROVEMENTS
Prior to construction of the Sanitary Sewer Collection Line in accordance with this
Agreement, the Developer shall acquire and dedicate to the City the required utility
easement or right -of -way for the installation of the 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. Within 70 calendar
days following the Council Approval Date (except in the event of a delay in the approval
of the plans and specifications by the City's Director of Engineering Services),
Developer shall award a contract for the construction of the Sanitary Sewer Collection
Line and shall include, within the contract, that the Sanitary Sewer Collection Line shall
be constructed, in accordance with the approved plans and specifications, and
completed by December 31, 2007.
6 TIME IS OF THE ESSENCE
Time is of the essence in the performance of this Agreement.
7 DEFAULT.
Except as otherwise provided in this Agreement, the following events shall constitute
default
a. Developer fails to engage a professional engineer for the preparation of plans
and specifications for the Sanitary Sewer Collection Line, in accordance with
Section 2 above, by the 10th calendar day after the Council Approval Date.
b. Developer's professional engineer fails to submit the plans and specifications
to the City's Director of Engineering Services by the 40th calendar day after
the Council Approval Date, in accordance with Section 2 above.
c. Developer fails to award a contract for the construction of the Sanitary Sewer
Collection Line, in accordance with the approved plans and specifications, by
the 70th calendar day after the Council Approval Date, in accordance with
Section 5 above.
d. Developer's contractor does not reasonably pursue construction of the
Sanitary Sewer Collection Line 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 December 31, 2007.
Notwithstanding the foregoing, if Developer shall be delayed or hindered in, or
prevented from, the performance of any obligation required under this Agreement by
reason of Acts of God, fire, earthquake, flood, explosion, action of the elements, strike,
walk out. labor trouble, failure of power, riot, insurrection, terrorism, war, invasion, mob
violence, sabotage, lockout, requisition, law, or orders of government or civil or military
06201)'004 -I 108626
3
authorities or other reason of a like nature not the fault of the Developer, then
performance of such obligation shall be excused for the period of the delay and the
period for cure or performance of any such act shall be extended for a period equivalent
to the period of such delay.
In the event of default, the City shall have all its common law remedies in addition to the
following
a. Cancellation of this Agreement; or
b. Refusal to record plat(s) or issue any certificate of occupancy for any
structure to be served by the Sanitary Sewer Collection Line;
provided, however, that the City shall give the Developer notice of such default and an
opportunity to cure such default for a period of thirty (30) days after Developer's receipt
of written notice of default from the City (or such longer time as may be reasonable if
the default is not susceptible to being cured within thirty (30) days, provided that
Developer shall diligently pursue the cure of the same).
8 THIRD -PARTY BENEFICIARY.
Developer's (i) contract with the professional engineer for the preparation of the plans
and specifications for the construction of the Sanitary Sewer Collection Line, (ii)
contracts for testing services, and (iii) contract with the contractor for the construction of
the Sanitary Sewer Collection Line, shall each provide that the City shall be a third party
beneficiary of each contract.
9 PERFORMANCE AND PAYMENT BONDS.
Developer shall require its contractor for the construction of the Sanitary Sewer
Collection Line, before beginning the work, to execute and deliver to Developer and the
City (1) a performance bond if the contract is in excess of $100,000.00 or (ii) a payment
bond if the contract is in excess of $25,000.00. The performance and /or payment bond
shall comply with Texas Government Code, Chapter 2253 and shall be in the form and
substance as attached hereto as Exhibit 3.
10. NOTICE.
Should Developer fail to perform any obligation or duty of this Agreement, the City shall
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
within 30 days of receipt of the notice, the City may perform the obligation or duty,
charging 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
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 alternative in the event of Developer's failure to cure any such
06 i q 004 ' 1 1 08626
4
breach after notice, the City may terminate this Agreement, in accordance with Section
7 above.
11. WARRANTY
Developer, or its contractor, shall fully warrant the workmanship of and function of the
sanitary sewer gravity trunk main, 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
of the facilities by the City Engineer
12. REIMBURSEMENT.
a The City will reimburse the Developer 100% of the cost of the Sanitary Sewer
Collection Line, not to exceed $161,377.10. See Cost Estimate attached hereto as
Exhibit 4.
b Included in the reimbursement set forth in subparagraph a, above, City will
reimburse the Developer for expenses incurred for the preparation of plans and
specifications for the Sanitary Sewer Collection Line by the professional engineer hired
by the Developer. However, the foregoing expenses may not exceed 7.5% of the costs
of construction of the Sanitary Sewer Collection Line.
13. INDEMNIFICATION. Developer, or its contractor, shall indemnify and hold
harntless the City, its agents, officers, and employees 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 the construction of the Sanitary Sewer
Collection Line.
14. This Agreement is a covenant running with the Property and shall be recorded in
the Official Public Records of Nueces County, Texas.
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
5
16. EFFECTIVE. This Agreement becomes effective and is binding upon and shall
inure to the benefit of the City and Developer, and their respective successors and
assigns from and after the date of execution.
EXECUTED IN DUPLICATE originals, this :7V Sr day of , 2006.
06200',004 108626
[Separate signature pages follow]
5
ATTEST
Armando C apa, City Secr
CITY OF CORPUS CHRISTI
By:
APPROVED: ) "1 ` -`' day of LA <r c° ; ► , 2006
By:
t
Galfy V1�Y. Smith
Assistant City Attorney
for the City Attorney
THE STATE OF TEXAS
COUNTY OF NUECES
K. Noe, City Manager
h VP li.34 AU i r1U1\1,—
This instrument was acknowledged before me on I lX'��r 1 2006, by
George K. Noe, City Manager, City of Corpus Christi, Texas, a Texas home -rule
muni'pal corporati on behalf of the corporation.
L
SECIETAly pK
AtAkt- at-
Notary Public, State of Texas
06201)' 0041 108626
6
'k
co
Parks h
_ y Mt Commission Expires iI
9j�oFt ' November 09 200?_ —
.11?
DEVELOPER:
HEB Grocery Company, LP,
a Texas limited partnership
By:
7
Todd A. Piland
Executive Vice President
THE STATE OF TEXAS
COUNTY OF BEXAR
ATTEST:
By:
Name: _-pb,ZC L Salda.n�
Title: , E,tQC . 1SS.4.S
This instrument was acknowledged before me on , 2006, by Todd
A. Piland, the Executive Vice President of HEB Grocery Company, LP, a Texas limited
partnership, on behalf of said limited partnership.
Notary Public, State of Texas
062007.004' 1 ,108626
7
DEBRA L. SALDANA
Notary Public, State of Texas
My Commission Expires
March 12, 2010
EXHIBIT 1
Legal description of the Property
Being all of Lot 8, Block A, Island Business Center Subdivision (Volume 59, Page 176);
together with Lot 6, Island Business Center Annex (Volume 41, Page 99); together with
Lot 6A, Island Business Center Annex (Volume 46, Page 86); together with Lot 7, Island
Business Center Annex (Volume 45, Page 250); together with Lot 10, Island Business
Center Annex (Volume 43, Page 101); together with Lot 13, Island Business Center
Annex (Volume 53, Page 20 -21), and together with Lot 14, Island Business Center
Annex (Volume 53, Pages 20 -21).
06'0U? 004;1 II 108626
8
Matlock
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EXHIBff
WIND MIMS CENIEft (NT
PUBUC SANITARY SIAM NPROVERENTS
PHASE 1
2006 by Urban Engin
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Exhibit 1
Page 1 of 1
DATE: 12/13f BY:
CHECKED: 4*-1.1
P E R F O R M A N C E B O N D
STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
TEAT of County,
Texas, hereinafter called "Principal ", and , a
corporation organized under the laws of the State of
and dal authorized to dc business in the State of Texas, hereinafter
called "Surety", are held and firmly bound unto (name of developer and
legai status, ie corporation) hereinafter called "Developer ", the City of
Corpus Thristi, a municipa_ corporation of Nueces County, Texas,
hereinafter called "City" in the penal sum of ($) DOLLARS, lawful
money= of the united .states, to be paid in Nueces County, Texas, for the
payment of which sun: well and truly to be made we bind ourselves, our
heirs, executors, administrators and successors, jointly and severally,
t_.rn . br these presents:
THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the
principal entered into a certain contract with Developer, dated the _ of
_, 20_, a copy of which is hereto attached and made a part hereof, for
the construction of:
NON, THEREFORE, if the principal shall faithfully perform said work
in accordance with the plans, specifications and contract documents,
ncluding any changes, extensions, or guaranties, and if the principal
shall repair and /or replace all defects due to faulty materials and /or
workmanship that appear wiThin a period of one ;1) year from the date of
completion and acceptance of improvements by the City, then this
obligation shall be void; ,therwise to remain in full force and effect.
PROVIDED FURTHER, that if any Legal action be filed on this bond,
venue shall lie in Nueces Toun:y, Texas.
And that said surety for value received hereby stipulates that no
change, extension of time, alteration or addition to the terms of the
contract, or to the work performed thereunder, or the plans,
specifications, drawings, etc., accompanying the same shall in anywise
affect its obligation on this bond, and it does hereby waive notice of
any such change, extension of time, alteration or addition to the terms
of tne contract, or to the or to be performed thereunder.
Performance Bond
Page 1 of 2
Exhibit 3
This bona s given tc meet the requirements of Chapter 2253, Texas
-;( veYTme -` Code, and other agolicab._e statutes of the State of Texas.
he nders:gned agent is nerebv .designated by the Surety herein as
the Eger` Resident ir, Nueces 'aunty to whom any requisite notices may be
delivered and or whom ser-ice of process may be had in matters arising
out _._ oh. s.ire.yship, ;s .provided by Art. 7.19 -1, Vernon's Texas
Insurance Code.
IN WITNESS WHEREOF, t7is instrument is executed in 4 copies, each
ore wn_ _ch shall be deemed an original, this the day of
,
PRINCIPAL
3y.
Print Name & Title)
ATTEST
Secretary
Print Name)
SURETY
By:
Attorney -in -fact
?tint Name)
The Resident Agent of the Surety in Nueces County, Texas, for delivery of
notice and service of process is:
icy:
Contact Person:
Address:
Phone Number:
NOTE: Date pf Performance Bond must no be prior to date of contract)
'Revises 9i,2`
Performance Bond
Page 2 of 2
PAYMENT B O N D
STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
THAT of County,
Texas, hereinafter called "Principal ", and , a
ccrp)rat_cn organized under the laws of the State of
and duly authorized to do business in the State of Texas, hereinafter
caned "Surety ", are held and firmly bound unto (name of developer and
Legal status, ie corporaticn) "Developer" and the City of Corpus Christi,
a municipal corporation off Nueces County, Texas, hereinafter called
""lit;", and unto all persor:s, f :rms and corporations supplying labor and
material -: in prosecution of the work referred to in the attached
2ontr act, in the penal sum of ($) DOLLARS, lawful money of the United
States, -.c be paid it Nueces County, Texas, for the payment of which sum
well and truly to be made we bind ourselves, our heirs, executors,
administrators ar:d s.iccessurs, jointly and severally, firmly by these
presents
THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the
orin_:ioa:. entered into a certain contract with the Developer, dated the
da; , 20 a :opy c� .W=hich is hereto attached and made a part
uereof, for the constructin of:
NON, TBREFORE, if the principal shall faithfully perform its duties
and make prompt payment to all persons, firms, subcontractors,
corporations and claimants supplying labor and material in the
prosecution of the work provided for in said contract and any and all
duly authorized modification 3f said contract that may hereinafter be
made, notice of which modification to the surety is hereby expressly
waived, then this obligation shall be void; otherwise to remain in full
force and effect.
PROVIDED FURTHER, that if any legal action be filed upon this bond,
venue shall lie in Nueces ('ounty, Texas.
And that said surety for value received hereby stipulates that no
change, extension of time, alteration or addition to the terms of the
contract, or to the work performed thereunder, or the plans,
specifications, drawings, etc., accompanying the same shall in anywise
affect its obligation on this bond, and it does hereby waive notice of
any such change, extension of time, alteration or addition to the terms
of the contract, or to the work to be performed thereunder.
Payment Bond
aqe
Exhibit 3
This bond .s given tc meet the requirements of Chapter 2253, Texas
Government Code, and other applicable statutes of the State of Texas.
The terms "Claimant ", "Laocr" and "Material ", as used herein are in
-cc . far' : , with: and as detLnei in said Article.
The .1nders:gned agent is hereby designated by the Surety herein as
the Agent Resident in Nueces County to whom any requisite notices may be
de7vered and on whom ser'•ice of process may be had in matters arising
out of such suretyship, as provided by Art. 7.19 -1, Vernon's Texas
Insurance Code.
IN WITNESS WHEREOF, this instrument is executed in 4 copies, each
:one of wn_ch shall be deemed an original, this the day of
, G
PRINCIPAL
3y.
?rint 'Name & Title)
ATTEST
Secretary
?rint Name;
SURETY
By:
Attorney -in -fact
Print Name)
The Resident Agent of the Surety in Nueces County, Texas, for delivery of
notice and service of process is:
Agency:
Contact Person:
Address:
Phone Amber:
:
NOTE: Date of Payment Bono musi nc- be prior tc date of contract)
Revised 9/02)
Payment Bond
?age 2 Df 2
REIMBURSEMENT ESTIMATE
•.-.,„„ ..."...r •-•-• , •-
.
1 .T VC:
a o • OT."7,
JOB NO.
31;. .A6.01
_
Quantity 5%
Unit
Unit Price
Total Amount
A.
1 10" 7414'46' 476
LF '1! .15
$44339.40
OM 10" I 16-18 766
$125.00
- 750.00
111.1111= -r,-7,r7lculriAt„,.
iimilogiu -Exao
maAmmurjulemomit.k...i....:qAQJ
iffammtire• Eggintii:LA,•-,
I I II reimuiLLJL,
...timmukuLJL
miumwujimmlitzgEi
igammip.jiminjut•JEA
•lA . •-, c•
-0,..Ei
ni
m i oi
Emig,,sa.„.ITI
.icj.umul
4 i jil ii= *I' 7 . '17'• 7111•ASE•11•77D
Elliili el.;-7 ,'-77:77isr."3
,-,...7.
. i _ . •
kratz.4-___ . ,
fl�fion -t ,
.._ . necton 1
• tz:"7",. ,_L H. Al' • 1 4
Mba ' •I'X'I'i
tiAtki
t....,!%4Jui
....ria•Ai
, 4
k. "....23.;E:...L.
imvi 4ct. l'i
:?;--7--..- in • . •
• 1 I
U8-TOTAL
$422,266.15
B.
1
Eone. Bonds and insurance
1
LS $29 558.63
$29 558.63
2
1
LS ,000.00
000.00
SUB-T di TAL
$34,558.83
CONSTRUCTION
OTAL
W6,824.78
C.
1
LS $36,545.98
$36545.98
2
• . ■ Staking
1
LS 13,704.74
$13 704.74
.--
AMAIN TOTAL
$50,250.73
--4--
-.--
---
TOTAL C • ,
$507 075.51
Allowable Reo_t
Xac. )(c$P1131.00/aC.)
x 10) = $161,377.10
'T'i Te IriTT .cv . T • o
V77.17,17,17.7, •771''t7 7171 "1, 161 .10
URBAN ENCIINEERING 2725 SWANTNER CC, TX 78404
Exhibit 4
Page 1 of 1
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 HEB Grocery Company, LP
STREET: 648 South Main
CITY: San Antonio, Texas ZIP: 78204
FIRM is: 1. Corporation 2. Partnership X 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 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 Job Title and City Department Of known)
NA NA
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
NA NA
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
NA NA
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
Consultant
NA NA
CERTIFICATE
I certify that aN 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 oc2cur.
Certifying Person: Todd A. Pila fi
Signature of Certifying Person:
Title: Executive Vice President
Date: i Z/ 3/4(0
Exhibit 5
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 self- 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.