HomeMy WebLinkAboutC2007-502 - 3/27/2007 - Approved
ARTERIAL TRANSMISSfON AND GRID MAIN CONSTRUCTION AND
REIMBURSEMENT AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
This Arterial Transmission and Grid Main Construction and Reimbursement Agreement
("Agreement") is entered into by and between the Ci#y of Corpus Christi, a Texas home-
rule municipal corporation, P.O. Box 9277, Corpus Christi, Texas, 78469-9277,
(hereinafter "City"), and AI Development, fnc., 6530 Samba Drive, Corpus Christi, Texas
784'! 4, (hereinafter "Developer").
WHEREAS, Developer, in compliance with the City Platting Ordinance, filed a plat tv
develop a tract of land of approximately 14.55 acres called Airline Crossing Unit 1,
,:
located on the south of Lipes Boulevard and west ofi Airline Road, as shown in the
attached Exhibit 1, which plat was approved by the Planning Commission on May 31,
06;
WHEREAS, the City's Water Distribution Master Plan, 1997, requires the construction of
a 12-inch PVC arterial transmission grid main in order for Airline Crossing Unit 1, to
have water service;
WHEREAS, Developer, wilt 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 12-inch PVC arterial transmission and grid main;
WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement
of the Developer's costs for the construction of a 12-inch PVC arterial transmission and
grid main;
WHEREAS, ifi is essential that the 12-inch PVC arterial transmission and grid main be
constructed along Slough Road and Lipes Boulevard in connection with Airline Crossing
Unit 1 to serve this area. In the future this main will extend to the existing 12" water
main on Cimarron Boulevard and complete the water grid in the area;
WHEREAS, it is to the best interest of the City and the Developer for the 12-inch PVC
arterial transmission and grid main be constructed at this time, along with Developer's
project, to serve the area specified in the Water Distribution Master Plan, 1997;
NOW, THEREFORE, for the consideration set forth hereinafter, the City and Developer
agree as follows:
Exhibit F
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M~.oo7-ass 1 of 6
03/27/07
Al Development, Inc.
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1. REQUIRED CONSTRUCTION
The Developer shall construct the 12-inch PVC arterial transmission and grid main
needed for Airline Crossing Uni# 1 in compliance with the Gity's Platting Ordinance and
under the plans and specifications approved by the City Engineer.
2. PLANS AND SPECIFICATIONS
a. The Developer shall contract with a professional engineer, acceptable to the
City's Director of Engineering Services, to prepare plans and specifications for
the 12-inch PVC arterial transmission and grid main, as shown in Exhibit 2,
with the following basic design:
(1) Install 2,256 linear fee# of 12-inch PVC transmissionlgrid main.
{2} Install 2 {two} 12" Ductile Iron Fittings
(3) Install 2 (two) 12-inch Gate Valve and Box.
{4) Install 160 (one hundred sixty) linear feet of 20" Steel Casing
(5} Install 39 square yards of Pavemenfi Repairs - HMAC
(6) Install 12 Square Yards of Pavement Repairs ~- Reinforced Concrete
(7} Tie to Existing 12" Waterline
(8} Install 1500 Linear Feet of Trench Protection
{9) Install ~ (four) Fire Hydrants
The transmissionlgrid main will be constructed along the north side of Slough
Road and Lipes Boulevard from the existing 12-inch water line previously
installed by others on Rodd Field Road and extending west to Airline
Crossing Unit 1.
b. The plans and specifications shall comply with City Standard Water Detail
Sheets and Standard Specifications.
c. Before the Developer begins cons#ruction, the plans and specification must
be approved by the City's Director of Engineering Services.
3. SITE IMPROVEMENTS
Prior to construction of the 12-inch PVC arterial transmission and grid main, the
Developer shall acquire and dedicate to the City the required utility easement orright-of-
way for the installation of the 12-inch PVC arterial transmission and grid main.
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4. PLATTING FEES. Developer shat! pay to the City of Corpus Christi the required
acreage fees as required by the Platting Ordinance.
5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer shall award
a contract and complete the 12-inch arterial transmission and grid main, in accordance
with the approved plans and specifications, by Apri! 'f, 20D8.
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 prafessional 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 40t"
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 fihe project
according #o 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 Aprif 1, 2008.
In the event of default, the City shall have all its common law remedies in addition #o the
following:
a. Cancella#ion 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 far the construction of the project, before
beginning the work, to execute to Developer and the City a performance bond if the
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contract is in excess of $100,000 and a payment bond if the contract is in excess of
$25,000. The performance and payment band 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 receip# 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 cast
of such performance within 30 days from the date Developer receives native 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 Gity may terminate this agreement. The provision for notice and
cure contained herein shall not apply #o a default under paragraph 7 hereinabove.
11. WARRANTY,
Developer shall fully warrant the workmanship of and function of the 12-inch PVC
arterial transmission and grid main 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. Reimbursement hereunder shall be made solely from and if, as, and when sufficient
funds are available in and appropriated from Water Arterial Transmission and Grid Main
Trust Fund and Developer acknowledges that reimbursement is so limited.
b. The City will reimburse the Developer 100% of the cost of the 12-inch PVC arterial
transmission and grid main, upon satisfactory completion and testing in compliance with
approved plans and specifications, and final acceptance not to exceed $711,514.69.
See Cost Estimate attached hereto as ExhibilE 3.
b. The City will reimburse the Developer far expenses incurred for the preparation of
plans and specifications for the 12-inch PVC arterial transmission and grid main 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 water grid main.
?3. 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 ar death, arising from
or incident to this ?2--inch PVC arterial transmission and grid main construction.
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14. This agreement is a covenant running with the land, Airiine Crossing Unit 1, a
subdivision in Nueces County, Texas, and shall be recorded in the Officiai Public
Records of Nueces County, Texas.
15. DISCLOSURE OF OWNERSHIP INTERESTS. Developer further agrees, in
compliance with the City of Corpus Christi Ordinance No. '!7112, to complete, as part of
this Agreement, the Disclosure of Ownership interests farm 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 executia~~.
EXE
CUTER IN ~UI'LICATE ongmals, this ~~ day of , 2007.
ATTEST:
CITY OF CORPUS CHRISTI
By:
Armando Chapa, City Secretary a K. Noe, City Manager
APPROVED: ~ day of ~- , 2007
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By~ L
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~EC_
~t'City Attorney
THE STATE OF TEXAS
COUNTY OF NUECES
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This instrument was acknowledged before me •n , 2007, by
George K. Noe, City Manager, City of Corpus Christi, Texas, a Texas home rule
municipal corporation, o behalf of the corporation.
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Notary Public, State of Texas
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DEVELOPER:
By: ,
AI Mostaghasi, President
Ai Development, Inc.
6530 Samba Drive
Corpus Christi, Texas 78414
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on'~~ c ~ ~ ~ 2007 by AI
Mostaghasi, President, on behalf of AI Development, Inc.
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Notary Public, State of~exas
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:°~*'~ `•~= Notary Public, State of Texas
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Exhibit 2
EONS~"RUCTION COST ESTIMATE
Naismith Engineering, Inc.
Date: December 18, 20D6 ;
Title: Airline Crossing Unit 1 Reimbursement UVater Line Costs
Project iR 1'539
CONSTRUCTION COSTS
ITEM pESGIi1PTiON CITY
256
2 UNIT GNIT COST
LF $3Q.00 TOTAL COST
$8 ~g
1 12" PVC C-900 ,
2
~ ~~ 00.00
2 12" Ductile Iron Fittings 2 EP- $1,500.00 ~',~D•~
3 12" Gat® Valve artd Box 160 LF $68.00 $10,860.00
4 ZO" Steel Casing 39 SY $25.00 $575.00
5 Pa~remerrt Repair - FiMAC 12 SY $40.00 $480.00
S Parremer-t Repair- ReiMorced Concrete 1 EA $3,QOO.DO $3,000.00
8 Tie to Existing 12" UVateriine 1
500 LF $3.00 $4,500.00
g french Protection ,
4 EA $2.550.OD ~ $10,200.0D
10 Fire Hydrar>te
TOTAL WATER LINE CO
NSTRl1CTION COSTS; 61S.OD
5107,
ENGIN EERING COSTS (T.54i) : 57,621.13
SURVEYfNG COSTS: 52,2T8.b8
TO'T'AL CONSTRUCTION 8f ENGINEERING ~ SURVEYING COSTS: $111,514.89
TOTAL REIMBURSEMENT: $411,514.65
Exhibik 3
age 1 0 1
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-+~>~~~~~~ - CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
City of Corpus Christi Ordinance 17192, 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 AI Develo ment Inc.
STREET: 6530 Samba Drive CITY: Corpus Christi SIP: 78#14
FIRM is: 1. Corporation X 2. Partnership 3. Sofe Owner 4. Association
5. Other
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separa#e sheet.
9. 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 Jab Title and City Department {if known)
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
3. State the names of each "board member" of the City of Carpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm".
Name Board, Commission or Committee
NA
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked
on any matter rela#ed 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
CERTIFICATE
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 promp#ly submit#ed to
the City of Corpus Christi, Texas as changes occur.
Certifying Person: AI_Mostaghasi _ , , Title: President
(Type or Print}
Signature of Certifying Person: - Date:
Exhibit 4
aEFINITIONS
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 ar part time basis, but
not as an independent contractor.
c. "i=irm". Any entity operated for economic gain, whether pprofessianai, industrial ar commercial and whether
established to produce ar deal with a product or service, including but not limited to, entities operated in the fomt
of sole proprietorship, as self-employed person, partnership, corporation, joint static company, joint venture,
receivership or trust and entities which, far purposes of taxation, are treated as non-profit organizations.
d. "OfticiaP. 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 Carpus Christy, Texas.
e. "Ownership Interest". Legal or equitable interest, whether actually ar 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 ar firm, such as engineers and architects, hired by the City of Carpus Christi for the
purpose of professional consultation and recommendation.