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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.
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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
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$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
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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
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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
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Exhibit 2
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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 ":
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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.