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HomeMy WebLinkAboutC2007-498 - 7/10/2007 - Approved13 Doc# 2007 47212 , 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 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 Al Development, Inc., 6630 Samba Drive, Corpus Christi, Texas 78414 (hereinafter "Developer'). WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat to develop a tract of land of approximately 14.55 acres called Airline Crossing Unit 1 located on the south side of Lipes Boulevard and west of Airline Road, as shown in the attache.0 Exhibit 1; WHEREAS, the City's 2006 Wastewater Collection System Master Plan Oso WRP Service Area Sub Basin SPA 30 requires the construction of a 12 inch sanitary sewer collection line extension in order for Airline Crossing Unit 1 to have sanitary sewer service; WHEREAS, Developer, will soon be commencing construction on infrastructure and related site improvements in accordance with City approved construction plans and specifications; WHEREAS, under the Platting Ordinance, the Developer is responsible for 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 12 -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: Exhibit G 2007 -498 Ord. 027327 1 of 6 0711.0107 All Development, inc. INDEXED 1. REQUIRED CONSTRUCTION The Developer shall construct the 12 -inch PVC sanitary sewer collection line needed for Airline Crossing Unit 1 in compliance with the City's Platting Ordinance and under the plans and specifications approved by the Development Services Engineer. 2. PLANS AND SPECIFICATIONS a. The Developer shall contract with a professional engineer, acceptable to the Development Services Engineer, to prepare plans and specifications for the 12 -inch PVC sanitary sewer collection line, as shown in Exhibit 2, with the following basic design: (1) Install 1,486 linear feet of 12 -inch PVC sanitary sewer collection line (13' -15' deep). (2) Install 1,486 linear feet of OSHA trench protection (3) Install 4 (four) 5 -foot diameter manhole (13' - 15' deep) (4) Tie to existing 27" sanitary sewer (5) Install 1,486 linear feetdewatering /well pointing (6) Install 1 (one) 12" end plug (7) Install 1 (one) 4" cleanout The sanitary sewer collection line will be constructed from an existing manhole located at the southwest corner of the Airline Road and Lipes Boulevard intersection and extend in a westerly direction, parallel to Lipes Boulevard, and terminate at a proposed manhole located near the northeast corner of Airline Crossing Unit 1. 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 Development Services Engineer. 3. SITE IMPROVEMENTS . - -- - - -- - .. - -- -- - ....... ...... . Prior to construction of the 12 -inch sanitary sewer collection line, the Developer shall acquire and dedicate to the City the required utility easement or right -of -way for the installation of the 12 -inch sanitary sewer collection line. 4. PLATTING FEES. Developer shall pay to the City of Corpus Christi the required acreage fees as required by the Platting Ordinance. 2of6 IC 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer shall award a contract and include within the contract that the 12 -inch sanitary sewer collection line shall be constructed, in accordance with the approved plans and specifications, and completed by July 31, 2008. 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 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 project, according to the approved plans and specifications, by the 70th 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, 2008. In the event of default, the City shall have all its common law remedies in addition to the following: 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. 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 third 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 contract is in excess of $100,000 and a payment bond if the contract is in excess of 3 of 6 $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 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 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 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 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 collection line 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 12 -inch sanitary sewer collection line, not to exceed $59,600.00. 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 12 -inch sanitary sewer collection line by the professional engineer hired by the Developer. However, the expenses may not exceed 7.5% of the costs of construction of the 12 -inch sanitary sewer collection line. 13. INDEMNIFICATION. Developer shall indemnify and hold harmless 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 this 12 -inch sanitary sewer collection line construction. 14. This agreement is a covenant running with the land, Airline Crossing 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 compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of 4of6 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 Ut—day of Y '2007. ATTEST: CITY OF CORPUS CHRIS zM By: Armando Chapa, City 9cretary weorge K. Noe, City Manager APPROVE to"' day of . _ JL) 2007 By: tk-, Ga4 W. A ith Assistant City Attorney for the City Attorney THE STATE OF TEXAS Oft .M� W --- All f iiUKU L► BY D)UNCIL SECRETARY 5� COUNTY OF NUECES This instrument was acknowledged before me on , 2007, by George K. Noe, City Manager, City of Corpus Christi, xas, exas home -rule muni ' al corporti on ehalf of the corporation. Notary Public, State of Texas Sew Pu moo, � Connie Parks ?" ( My Commission Expires p '6, November 09, 2007 5of6 DEVELOPER: Al Development, Inc. By: ' Al ghasi, President ATTEST: By: if THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 3 , 2007, by Al Mostaghasi, President, on behalf of Al Development, Inc. L +� it P ary =;off" ya�o4 My D. LYNCH Notary Publio, State of Texas y commission Expires Notary Public, State of T xas ',fi 11 a'° August a, ���d 6of6 �I i ►� .I I'. I. I I -1 $a A �dd 0 �o Re U16-2 5 .1 21 �1 Ua R R 4Je j4 It W dd U yw F • w ZQ l/f 1A f III jkq '` Exhibit 2 4c z C F 0 � ran o _2 � : W n z �a l/f 1A f III jkq '` Exhibit 2 CIONSTRUCTION COST ESTIMATE Naismith Engineering, Inc. Title: Airline Crossing Unit 1 Wastewater Reimbursement Costs Project 9: 7539U1 A. OFFSITE CONSTRUCTION COSTS: ITEM DESCRIPTION 1 12" PVC (13-15' Cut) 2 OSHA Trench Protection 3 5' Diameter M.H. (13' -15' Deep) 4 Tie To Existing 27" Sanitary Sewer 5 Dewatering ! Well Pointing Date: June 21, 2007 QTY UNIT UNITCOST TOTAL COST 1,189.30 LF $58.00 $68,979.40 1,189.30 LF $1.00 $1,189.30 4 EA $5,150.00 $20,600.00 1 EA $1,500.00 $1,500.00 1,189.30 LF $10.00 $11,893.00 SANITARY SEWER TOTAL: $104,161.70 ENGINEERING COSTS (7.e %): $7,812.13 SURVEYING COSTS: $1,201.19 TOTAL OFFSITE CONSTRUCTION COSTS: $113,175.02 B. ONSITE CONSTRUCTION COSTS: (OVERSIZED AND OVE'RDEPTH) CONSTRUCTION COSTS FOR 8 ": ITEM DESCRIPTION 1 W PVC (4'-6' Cut) 2 OSHA Trench Protection 3 4' Diameter M. H. (4' -6' Deep) CONSTRUCTION COSTS FOR 12 ": ITEM DESCRIPTION 1 12" PVC (13' -15' Cut) 2 OSHA Trench Protection 3 5' Diameter M.H. (13' -15' Deep) 4 Dewatering /Well Pointing QTY uNlr UNITCOST TOTAL COST 296.23 LF $25.00 $7,701.98 296.23 LF $1.00 $296.23 1 EA $2,975.00 $2,975.00 8" SANITARY SEWER TOTAL: $10,973.21 QTY UNIT UNIT COST TOTAL COST 296.23 LF $58.00 $17,181.34 296.23 LF $1.00 $296.23 1 EA $5,150.00 $5,150.00 296.23 LF $10.00 $2,962.30 12" SANITARY SEWER TOTAL: $25,589.87 CONSTRUCTION COSTS DIFFERENCES FOR 8" TO 12 ": .rte DESCPJP77ON 1 8" Sanitary Sewer Total 2 12" Sanitary Sewer Total CONSTRUCTION COST DIFFERENCES FOR 8" TO 12" TOTAL (mEm 1 - ITEM 2): ADDITIONAL CONSTRUCTION COSTS: TOTAL Cosr $10,973.21 $25,585.87 $14,616.66 ITEM DESCRIPTION QTY uNlr UNIT COST TOTAL COST 1 12" End Plug 1 EA $165.00 $165.00 2 4" Cleanout 1 EA $150.00 $150.00 TOTAL ADDITIONAL CONSTRUCTION COSTS: $315.00 Exhibit 3 Page 1 0 TOTAL ONSITE CONSTRUCTION COSTS: 17EM DESCRIPTION TOTAL CO6T 1 Construction Cost Differences For $" to 12" $14,616.66 2 Total Additional Construction Costs $315.00 TOTAL ADDITIONAL CONSTRUCTION COSTS: $14,931.66 ENGINEERING COSTS (7.5°6): $1,119.87 SURVEYING COSTS: $299.19 TOTAL ONSITE CONSTRUCTION COSTS: $16,051.53 C. TOTAL CONSTRUCTION COSTS: ITEM DESCRIPTION TOTAL COST A TOTAL OFFSITE CONSTRUCTION COSTS $113,175.02 B TOTAL ONSITE CONSTRUCTION COSTS $16,051.53 TOTAL CONSTRUCTION COSTS: $129,225.56 D. REIMBURSABLE CONSTRUCTION COSTS: ITEM DESCRIPTION TOTAL COST C TOTAL CONSTRUCTION COSTS $129,2266.56 TOTAL REIMBURSABLE COSTS: $129,226.56 E. WASTEWATER FEES: ITEM DESCRIPTION QTY UNIT UNIT COST TOTAL COST 1 Acreage Fees 14.55 AC $1,331.00 $19,366.05 2 Lot Fees 60 LOTS $332.00 $19,920.00 THE HIGHEST FEE IS ASSESSED: $19,920.00 TOTAL WASTEWATER FEES: $19,920.00 F. MAXIMUM ALLOWABLE REIMBURSEMENT: ITEM DESCRIPTION TOTAL COST 1 Wastewater Fees $19,920.00 2 Pipe Size pn►nctm) 12 MAXIMUM ALLOWABLE REIMBURSEMENT (ITEM I x ITEM 2 x 50%): $119,520.00 G. REIMBURSEMENT TO DEVELOPER: 17EM DESCRIPTION TOTAL COST C MAXIMUM REIMBURSEMENT $119,520.00 E LESS UNIT 1 WASTEWATER FEES -$19,920.00 TOTAL REIMBURSEMENT: $99,600.00 TOTAL REIMBURSEMENT REQUESTED: $999600.00 H. CREDIT ON FUTURE UNITS: ITEM DESCRIPTION TOTAL COST C TOTAL CONSTRUCTION COSTS $129,225.56 E LESS REIMBURSEMENT TO DEVELOPER - ,$118,520.90 CREDIT FOR WASTEWATER FEES ON FUTURE UNITS: $9,706.55 Exhibit 3 Page 2 of 2 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 Al Development, Inc. STREET: 6534 Samba Drive CITY: Corpus Christi ZIP: 78414 FIRM is: 1. Corporation X 2. Partnership 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 (if known) NIA 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 NIA 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 NIA 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 NIA 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: Al Mosta hasi Title: President (Type or Print) Signature of Certifying Person: Date: Exhibit 4 DEFINITIONS a. "!hoard 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. "Firms. Any entity operated fi r - economic gain, whether professional, industrial or commercial and whether established to produci ordeal 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. n 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 'firtni .such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation.