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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 Zoa7-soz M~.oo7-ass 1 of 6 03/27/07 Al Development, Inc. ~~D~?~ ,~ 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. 2of6 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 3of6 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. 4of6 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 R~ (~p93NC4L . ~ ~.L..~-~ By~ L /~l~~y y hr~ " ~~~Y ~EC_ ~t'City Attorney THE STATE OF TEXAS COUNTY OF NUECES ~~~ ~ 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. ~-- ~d4~y P~~~ Cpnnl@ PdrlcS ,~,,:~ fvly Commission Expires '~~~~ Navembc;r 09, 2007 Notary Public, State of Texas 5 of B 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. ~~~ ~ _ ~ ~~ -~V~ Notary Public, State of~exas ~--- L1NDA D. LYNCH .y~, EY PLS ~~i :°~*'~ `•~= Notary Public, State of Texas My Comrnissian Expires ~jfOf~E}~` August aa, zoao „~~,,,,, 6of6 ti ~ a a U S a o~ 0 s 0 vz z~ _a ~~ ~_ ~ E wP,~ F" z~~ w ~, .o ~~ ~~ ~~ ~m ~, ~ ~ m O ~ 2 m v ~ ~~ =J ~ ~ ~~ ~ ;~~ 0~~~ an~r~a~d A ~~ ~~2y ~_ ~- z w~ o~ ~o ~~ $~\ ~1SS ~s ~a° 5, m~ U ROAD A m b U aW Exhibi# 1 ~ ~ ~ F~~ ~~ r~r • P = ~ ~, ~~ ~ ~ ooh -. ~ ~Z : ~ N $ Z~ ~ ~ ~ ~~ ~ w • m ~ Ci _W ~ ~ ~~~ ~ ~ ~ ~~ ~ ~ ~ ~ z ~ , s ~ ~ ~ z - ~ ~ ~ 3 z~ o ~ ~®~~, ~ v ~ 0 d d ~~ e ~ ~~ ~ ~~ w~ L rf ~~ 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 n ~ • , , ' -+~>~~~~~~ - 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.