HomeMy WebLinkAboutC2007-015 - 1/30/2007 - 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 between the City of Corpus Christi (hereinafter
"City"), a Texas home-rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469-
9277, and Nasser Farahnakian. 6149 Lemans Drive, Corpus Christi, Texas 78414
(hereinafter "Developer"1,
WHEREAS, Developer in compliance with the City Platting Ordinance, is developing a
tract af land totaling approximately 5.739 acres called Lot 1, Block 1, Sunrise Business
Park, located south of SH 44 access road and west of Clarkwood Road, as shown in the
attachted Exhibit 1:
WHEREAS, Developer, will soon be commencing construction on infrastructure and
relateci site improvements in accordance with City approved construction plans and
speci~cations;
WHEREAS, under the Platting Ordinance, the Developer is responsible for construction
of a s~nitary sewer collection line extension;
WHE~tEAS, under the Platting Ordinance, the Developer is eligible for reimbursement
of the Developer's costs for the construction of a sanitary sewer collection line
e~ension.
WHEREAS, it is essential that the sanitary sewer collection line extension be
const~cted in connection with the development for service to be provided upon
comp~etion of the development;
WHEREAS, it is in the interest of the City and the Developer for the 10-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 fo{lows:
1. RE~UIRED CONSTRUCTION
The ~evel~r shall construct the 10-inch PVC sanitary sewer collection line needed for
Sunri~ae Business Park in compliance with the City's Platting Ordinance and under the
plans ~nd specifications approved by the Development Services Engineer.
2007-015
01-3~-~~ 1 of 6
M2007-032
F'arahnakian, Nasser
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2. P'~ANS AND SPECIFICATIONS
a. The Developer shall contract with a professionai engineer, acceptable to the
City's Development Services Engineer, to prepare plans and specifications for
the 10-inch PVC sanitary sewer collection line, as shown in Exhibit 2, with
the following basic design~
(1 } Rehabilitate Existing Manhole.
(2) Instal~ 20 linear feet of 16-inch Steel Casing.
(3} Install 544 linear feet of 10-inch PVC Wastewater Line.
(4) Install 4(four) 5-foot diameter Manholes.
(5) Install Wastewater Stubout and Plug.
(fi) Install 544 linear feet Wastewater Line Embedment.
(7) Install 544 linearfeet of OSHA Trench Protection.
(8) Install 1(one) Single, Far Side, Wastewater Service Connection.
The sanitary sewer collection line extends 544 linear feet to the west along
SH 44 access road, from an existing manhole located near the intersection of
SH 44 access road and Clarkwood Road and terminates at a proposed
manhole located near the west property line of Sunrise Business Park.
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 Development Services Engineer.
3 SfTE IIUIPROVEMENTS
Prior to construction of the 10-inch sanitary sewer collection line, the Developer shall
acqu~e and dedicate to the City the required utility easement or right-of-way for the
insta~tion of the 10-inch sanitary sewer collection line.
4 D~VELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer shall award
a cor~ract ~nd include wi~hin the contract that the 10-inch sanitary sewer collection line
shall be constructed, in accordance with the approved plans and speci~cations, and
comp~eted by January 31, 2008.
5. TIME IS OF THE ESSENCE.
Time is of the essence in the performance of this contract.
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6. DEFAULT.
The following events shail constitute default:
a. Developer fails to engage a professional engineer for the preparation of plans
and specificat~ns for this project by the 10~' 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 40rn
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.
e. Developer's contractor fails to complete construction of the project, according
to the approv~! plans and specifications, on or before January 31, 2008.
In th~ event of default, the City shall have all its common law remedies in addition to the
follo~ring:
a. Cancellation of this reimbursement agreement without notice or cure.
b. Refusal to record plat(s) or issue any certificate of occupancy for any
s#ructure to be served by the project.
7. THIRD-PARTY BENEFICIARY.
Dev~ioper's contracts with the professional engineer for the preparation of the plans
and i~ecil~cations for the construction of the project, contracts for testing services, and
with ~e contractor for the construction of the project shall provide that the City shall be
a thir~ti par#y beneficiary of each contract.
8. P~RFC~tMANCE AND PAYMENT BONDS.
Developer shall require its contractor for the construction of the project, before
begir~ing the work, to execute to Developer and the City a performance bond if the
contr~ct is in excess of $100,000 and a payment bond if the contract is in excess of
$25,a00. 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 N4TICE.
Sho~d 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
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obligation or duty, and 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. Developer will pay to City the cost
of su~h 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
persccsnnal 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
c-.~re contained herein shall not apply to a default under paragraph 6 hereinabove.
1 t~. WARRANTY
Dev~oper shall fully warranty the workmanship of and function of the sanitary sewer
gravi~,r trurt~c 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 Gity Engineer
11 t~EIMBURSEMENT
a. TF~e City will reimburse the Developer 100% of the cost of the 10-inch sanitary sewer
colledion line, not to exceed $29,314.80. See Cost Estimate attached hereto as
Exhibit 3
b. The City will reimburse the Developer for expenses incurred for the preparation of
plans and specifications for the 10-inch sanitary sewer collection line by the professional
engineer hired by the Developer
13. I~DEA~IIIIFICATION. Developer shall indemnify and hold harmless the City, its
age~s, ofl~ers, and entp/oyees from all suits, actions, or claims and from a!l
liabii~jr for any and all it~juries or damages sustained by any person, including
withc~t lir~itation worke~rs compensation, persona/ injury or death, arising from
or ine~ident to this 10-inch sanitary sewer collection line construction.
14. This agreement is a covenant running with the land, Lot 1, Block 1, Sunrise
Busin~ess Park, a subdivision in Nueces County, Texas, and shall be recorded in the
Official Put~ic Records of Nueces County, Texas.
15_ D~SCLOSURE OF OWNERSHIP INTERESTS. Developer further agrees, in
comp~ance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of
this Aqreement, the Disclosure of Ownership interests form attached hereto as Exhibit
4.
16. EFFECTIVE. This agreement becomes effective and is binding upon and shall
inure ~o the benefit of the City and Developer, and their respective heirs, successors,
and assigns from and after the date of execution.
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EXECUTED IN DUPLICATE originals, this ~~ da of ;Jn~~-~ 20 7
~ Y , 0 .
ATTEST: CITY OF CORPUS CHRISTI
By:
Armando Chapa, City Sec tary G o e K. Noe, City Manager
APPROVED: ,~.`;``fdayof ,_.`~i,;~.,.~~ , 2007~
By:
~ ~- -
G ry . Smith
Assi~tant City Attorney
for tfie City Attorney
THE STATE OF TEXAS
COUNTY OF NUECES
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sECRET~
This ~strument was acknowledged before me o u-L ~ , 2007, by
Geor+~e K. Noe, City Martager, City of Corpus Chr' ti, Texas, Texas home-rule
muni~ipal ct~rporation, on behalf of the corporation.
. ~
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k t ~~r'~l~ ~ ~ . 'v i`~ l~~" -~j L `Y
Not~ry Public, St`ate of Texa's
o~~"" 4";~ MARIA V JUAAEZ
~f ~~ Notary Pubiic
t~.~ ~~~ STATE OF TEXpS
~..,....~°' My Comm. Exp. 10-25-2009
5of6
DEVfLOPER:
Nass~r Farahnakian
By: /~~~- ~r~~------
~ - -~
Nasser Farahnakian
THE STATE OF TEXAS
COll1NTY OF NUECES
This ~strurnent was acknowledged before me on . ~ 3 , 2007, by
Nas~er Far~hnakian.
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Nota~y Pu~ic, te of Texas
.;r0:... #~C:
-''~a~ ~~ ~ PAMELA J. KfRKLAND
`~Jotary r~ublic
;trt +': 5?at~~ ni Tex,3~
'- .' 'y ; ~,nimi5~ ,n Exp~rec
•:'~a~.. ~..;r~E~ .'~7 2008
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REIMBURSEMENT EXHIBIT
SUN~tISE BUSINESS PARK
LOT 1, BLOCK 1 Exhibit 1
CLARKW04D ROAD (FM 2292) page 1 of 1
PUBLIC WASTEWATER SYSTEM IMPROVEMENTS
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REIMBURSEMENT ESTIMATE
OII~~EER-SIZE, OVER DEPTH SANITARY SEWER COLLECTION LINE
TO MEET CITY REQUIREMENTS
PI~JECT: SUNRISE BUSIMESS PARK, LOT 1, BLOCK 1 DATE: 1/11/2007
JOB NO. 9917C
Item DESCRIPTION QuaMity UnR Unit Price Total
A. TEYNtTER IMPROVEMENTS
RehabilitateExisting WastewaterManhole8 Gonnect Proposed 10-Inc
ASTM D-3034 PVC Wastewater Line by Bonng 8 Jacking 20 L.F of
min 16-It~ch Dia x 5/16-inch Steel Casing Up To and Adjacent t
Existing UVestewater Manhole h
~
LS.
$18,200.0
0 518,200.0
2 11~Inch ASTAA D-3034 PVC Wasiswater line (14' - 16' Cut) 544 LF $84.00 a45,696.0
3 5 Manhoi~ 14' - 16' Cut) 4 EA $10,900.00 543,600.
4 Flbposed 2 L.F 10-inch ASTM b-3034 PVC Wastewater Stub-Ou
P14g End Watertight
1
EA
$900.00
$900.
5 tewatex Line Embedment (Ail Depths) 544 L.F. $14.00 $7,616.
6 A Trer~h Protection (All Depws) 544 LF. $4.00 $2,176.0
7 ~Iagle, Far Side, Wastewater Sewer Connection 1 EA. $1,850.00 $1,850.
SUB-TOTAL $120,038.
B. ELWlEOUS
1 SWPPP 1 LS a1,000.00 $1,000.0
2 TrNfic Control Plan 1 LS $1,000.00 51,000.0
_ SUB-TOTAL $2,000.0
CONSTttUCT10N TOTAL 5122,038.
C. NNSTRATIVE
1 E' eeri 1 LS $13,162.0
2 Collstructiah Staking 1 LS $2,500.0
3 Geialechnical Report 1 LS s2,068.
ADMIN TOTAL $17,730.0
SUB-TOTAL j139,768.
10X CONTINGENC $13,976.8
TOTAL COST $153,744.8
M ` imum Reimbursement Al~lowed:
504fi (Acxes x fee Value x Pipe Dia~eter)
0. S.T~ ac ;1,277.00/ac. x 10 = 536,643.50
T ` ro, inax&num roimbu~Mement ~ =36,643.50
Exh~it 3
Page 1 of 3
REiMBURSEMENT ESTIMATE
N~ORN~iAL-SIZE, NOI~IIAL DEPTH SANITARY SEWER COLLECTION LINE
TO MEET DEVELOPER REQUIREMENTS
PROJECT: SUNRISE BUSINESS PARK, LOT 1, BLOCK 1 DATE: 1122l2007
JOB NO. 9917C
ltem DESGRIPTION Quantity Unit Unk Price Tofal
A. TE fiERIMPROVEMENTs
~ RihabilitaEe Existing Wastewater Manhole & Connect Proposed 8
inch ASTM ~-3034 PVC Wastewa~r Line by Boring & Jacking 20 L.F
of a min 16-inch Dia- x 5l16-Inch Steei Casing Up To and Adjacent t
F~dsting Wastewater Manhole -
. ~
o
L.S.
$10,000.00
$10,000.00
2 8-Inch AST#A D-3034 PVC Wastewater Line i4' - 6' Cut) 544 LF $27.00 $14,688.00
3 4' 1lanhole 4' - 6' Cut) 4 EA $3,100.00 $12,400.00
4 Pf~posed 2 L.F 10-Inch ASTM D-3034 PVC Wastewater Stub-Ou
End 4V1~ertight ~ Eq $900.00 $900.00
5 tewat~ Line Embedment (All Depths) 544 L.F. $14.00 $7,616.00
6 09MiA Trench Protection (All Dep~s) 544 L.F. $4.00 g2,176.00
7 Siifiple, Far Side, Wastewater Sewer Connection 1 EA. $1,850.00 $1,850.00
SUB-TOTAL 549,630.00
B. ELLANEOUS
1 S1l1~PP 1 LS $1,000.00 a1,000.00
2 TralRc Conlrol Plan 1 LS $1,000.00 $1,000.00
SUB-TOTAL $2,000.00
CONSTRUCTION TOTAL :51,630.00
C. A NtSTttATIVE
1 E ing 1 LS 54,388.55
2 C truction Staking ~ 1 LS $2,5pp.pp
3 Geqlechnic~ Report 1 lS 52,068.00
ADMIN TOTAL 58.956.55
SUB-TOTAL :60,586.
10'/. CONTINGENCY a6,058.66
TOTAL COST :66~645.21
M~timum Reimbursement A~owed:
5094;; Aaes x Fee Value x Pipe Diameter)
0. 5.73~ ac 51,277.OO/ac. x 10 =;36,643.50
T ore, : ximum reimbur~mant is:36,643.50
Coym, R~et at~d Gutierrez
Engineeri~g, L.P.
Exhibit 3
Page 2 of 3
REIMBURSEMENT ESTIMATE
~FFE~tENCE BETVV!~EN OVER-SIZE, OVER DEPTH SANITARY SEWER
COLL~CTION LINE AND NOR~IAL-SIZE, NORMAL DEPTH SANITARY
SEWER COLLECTI4N LINE
PROJECT: SUNRISE BUSINESS PARK, LOT 1, BLOCK 1 DATE: 1/23/2007
SUMMARY OF REIMBURSEMENT JOB NO. 9917C
Co ction Cost E ate for Oversize ~ Overdepth
Wastewater System improvements
PropOSed 10-Inch Wa~tewater Gravily Line Installed
a Da~ Ranairtfl Fro~n 14' - 16'
I~opoa~d Wast~water ~stem Improvements Using a
l~bpos~id 8-fnch WastevMate Gravity Line Proposed
l~t a Da~ Ran~in~ Froe~ 4' - 6' Deso
uireNnents
Mieximum Reimbursement Allowed:
(A Fee Value x Pipe Dhmeter)
s. ac s~,m.o . x~o = s~,sas.sa
m~udm~n, ra~rn t b s36,s43.so a ss,sas.so
s153,744.80
(566,645.21
Credit for W water Ac~ e Fees : I7,328.70)
et Nm~ursement Amount: ; 29,314.80
Exhibit 3
Page 3 of 3
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_ - CITY OF CORPUS CHRlSTI
DISCLOSURE OF INTERESTS
City of Corpus Chnsti Ordinance 17112, as amended, requires all persons or firms seeking to do business with the
City to prgvide the following information Every question must be answered. If the question is not applicable,
answer wit#~ "NA"
FIRM NAME
STREET CITY: ZIP:
FIRM is 1. Corporatior. ._ 2 Partnership _ 3. Sole Owner 4. Association
5. Other
DISCLOSURE QUESTIONS
If add~tional space is necessary. please use the reverse side of this page or attach separate sheet.
1. State the n~nes of each "employee" of the City of Corpus Christi having an "ownership interest"
constltuting 3% or more of tl~e ownership in the above named "firm".
Name Job Title and City Department (if known)
2. Sta1e the names of each "official" of the City of Corpus Christi having an "ownership interest"
cons~uting 3% or more of tfie owner3hip in the above named "firm".
Name Title
3. State ~he n~nes of each "board member" of the City of Corpus Christi having an "ownership inte~+est"
cons~uting 3% or more of ~te ownership in the above named "firm".
Name Board, Commission or Committee
4. State ~e nat~es of each em~loyee or o~cer of a"consultant" for the City of Corpus Christi who worked
on aq~r mat~ related to the subject of this contract and has an "ownership interest" constituting 3% or
more ~f the t~wnership in ttw above named "frm"
Name Consultant
CERTIFICATE
i certi that a~l information provided is true and correct as of the date Of this statement, that I have not knowingly
withheld ~clo~re of any inforrrtation requested; and that supplemental statements will be promptly submitted to
the City o~Corpu.s Christi. Texas as changes occur.
Certifying Person: Title:
(Type or Print;
Signature:of Certifying Person:_. _ Date:
Exhibit 4
, -
.- ~, CITY OF CORPUS CHRiSTI
~~ DISCLOSURE OF INTERESTS
City of Corpus Chtisti 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".
FIRST NAME ~asser Farahnakian `
STREET ~149 Lemans Drive ~ _ C~Ty; Corpus Christi, TX Z~p: 78414
FIRM !S ^1 Corporation ^2. Partnership /03. Sole Owner ^4. Association ^5. Other
DISC~OSURE QUESTIONS
If addition~ space is necessary, please use ±he reverse side of this page or attach separate sheet.
1. Stepte the names of each '"employee" of the City of Corpus Christi having an "ownership interesY' constituting 3%
or more of the ownership in the above named "firm".
~~e Job Title and City Department (if known)
N/A
2. St~tte the names of each o~cial" of the City of Corpus Christi having an "ownership interesY' constituting 3% or
more of the ownership in the above named "firm".
~~e Title
Nt~
3. State the names of each "board member" of the City of Corpus Christi having an "ownership interesY' constituting
39~ or mcxe of the ownership in the above named "firm".
N~ne Board, Commission, or Committee
N!A
4. St~te the names of each employee or o~cer of a"consultanY' for the City of Corpus Christi who worked on any
matter r~ated to the subject of this contract and has an "ownership interest" constituting 35 or more of the
ownership in the above named "firm°
~~e Consulta~t
NtA
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 Ct^~isti, Texas as changes occur.
Certifying #'erson: Nasser Farahnakian
(Type or Print) /~/~,~/
Signature of Certifying Person: _. /' v~"'' ~~~.-----
Title: ~ner
Date: ~^ .~
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-
ti€ne basis, but not as an independent contractor.
"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,
cocporation, joint s#ock company, joint venture, receivership, or trust and entities which, for
purposes of taxation, are treated as non-profit organizations.
c~. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager,
Assistant City Man~ers, Department and division Heads and Municipat Court Judges of the City
a# Corpus Christi, Texas.
e. "Ownership interest". Legai or equitable interest, whether actually or constructively held in a firm,
inGuding 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.
~. "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.