HomeMy WebLinkAboutC2008-064 - 2/26/2008 - 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 Carpus Christi {hereinafter
"City"), a Texas home-rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469-
9277, and Donald W. Kirchberg and Kathleen J. Kirchberg, 103 Duke Lane, Portland,
Texas 78374 (hereinafter "Developer").
WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat to
develop a tract of land of approximately 20.892 acres called Rhew Industrial Tracts Unit
1 located south of Leopard Street and east of Rhew Road, as shown in the attached
Exhibit 1;
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 far reimbursement
of the Developer's costs for the cons#ruction 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:
1. REQUIRED CONSTRUCTION
The Developer shall construct the 12-inch PVC sanitary sewer collet#ion line needed for
Rhew Industrial Tracts Unit 1 in compliance with the City's Platting Ordinance and under
the plans and specifications approved by the Development Services Engineer.
2008-064 Exhibit F
02/26/08
M2008-050 1 of 6
Donald & Kathleen Kirchberg
2. PLANS AND SPECIFICATIONS
a. The Developer shall contract with a professional engineer, acceptable to the
City's Development Services Engineer, to prepare plans and specifications for
the 12-inch PVC sanitary sewer collection line, as shown in Exhibit 1, with
the following basic design:
(1) Install 1,366 linear feet of 12-inch PVC sanitary sewer collection line
{2) Install 4 (four) 4-foot diameter fiberglass manholes.
{3) Rehabilitate 2 (two) manholes with a new fiberglass liner.
{4) Install Pavement Patching.
{5) Traffic Control During Construction.
{6) Install 1,366 linear feet of Trench Safety.
{7) Clean and Televise 2,598 linear feet in Main Drive.
(8) Repair 18 {eighteen) Service Line Connections.
(9} Install 515 linear feet of Cast In Place Pipe (CIPP).
The sanitary sewer collection line will be constructed from an existing
manhole located at the intersection of Erne Drive and Main Drive and extend
to the east approximately 1,3fifi linear feet where it will terminate at a
proposed manhole on the east side of Rhew Road.
b. The plans and specifications shall comply with City Standard Wastewater
Detall 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. 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 shalE pay to the City of Corpus Christi the required
acreage fees and pro-rata fees as required by the Platting Ordinance.
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 February 28, 2009.
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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 ~raject,
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 approved plans and specifications, on or before February 28, 2009.
In the event of default, the City shall have all i#s 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
$25,000. The performance and payment bond shall comply with Texas Governmen#
Code, Chapter 2253 and shall be in the form and substance as attached hereto.
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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 12-inch 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 $139,036.25. See Cost Estimate attached hereto as
Exhibit 2.
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.
c. The City further agrees to reimburse the Developer on a monthly basis and upon
invoicing for work performed. Such reimbursement shall be made no later #han 30-days
from the date of the invoice. Developer is to submit all required performance bonds and
proof of required insurance in accordance with applicable laws. The City agrees #o
conduct periodic inspections and approve the progress of the work at key points during
construction.
13. INDEMNIFICATION. Developer shall indemnify and hold harmless the City, its
agents, officers, and employees from a!I suits, actions, or claims and from a!1
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 t 2-inch sanitary sewer collection line construction.
14. This agreement is a covenant running with the land, Rhew Industrial Tracts Unit 1,
a subdivision in Nueces County, Texas, and shall be recorded in the Official Public
Records of Nueces County, Texas.
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15. DISCLOSURE OF OWNERSHIP INTERESTS. Developer further agrees, in
compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of
#his Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit
3.
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.
:r C~aar'rcrt.~„~~~1~
EXECUTED IN DUPLICATE on finals, this oC-C~ " da of , 2008.
g Y
ATTEST: CITY OF CORPUS CHRISTI
By:
Armando Chapa, Ci Secretary G rge K. Noe, City Manager
APPROVED: ~ day of , 2008
THE STATE OF TEXAS
By: ~
. Smith
Assistant City Attorney
for the City Attorney
COUNTY OF NUECES
This instrument was acknowledged before me on U I V~l1r tel. ~ __~ 2008, by
George K. Noe, City Manager, City of Corpus Christi, Texas, a Texas home-rule
mu 'cipal corpo~tio n be alf of the corporation.
~~ ~-..
Y coNNEE PARKS
=~~`" "~;
Notary Public, State of Texas '~~; MvCOMMIS310N~XPlRRES
November9,2011
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DEVELOPER:
ATTEST:
Donald W. Kirchberg and Kathleen J. Kirchberg
THE STATE OF TEXAS
By:
Kat err J. Ki berg
COUNTY OF NUECES
This instrument was acknowledged before me on ~~ , 2008, by
Donald W. Kirchberg and Kathleen J. Kirchberg.
Notary Public, tate of Te as
~,a;:~rw CFlARLES F BAlSii III
Notary Puhlia State of Texas
= r
,~' .. ~' My Gommisslon Expires
« February 14.2010
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COMP. NO. EXB-SSW REIMB.DWG
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SCALE: t " 400•
PLOT SCALE: SAM£
PLOT DATE: 2/3/08
Exhibit 1
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Exhibit 2
=~ CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to da 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 Donald W. Kirchberg and Kathleen J. Kirchberg
STREET: 103 Duke Lane CITY: Portland. TX ZIP: 78374
FIRM is: 1. Corporation 2. Partnership X 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 Depar#ment {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 NIA
3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"
constituting 3% or mare of the ownership in the above named "firm".
Name Board, Commission or Committee
NIA NIA
4. State the names of each employee or officer of a "consultant" for the City of Carpus 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 NIA
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 promptly submitted to
the City of Corpus Christi, Texas as changes occur.
Certifying Person: ~nN~~~ ~~i,ec~6c.ti,. rlfLS=~ ~l ~(R~~~?d'`~Title: Owner
(Type or Print
Signature of Certifying Pers n' Date: ~/~ ~~~
Exhibit 3
U Doc# 2008010784 �
1 0 G IB'
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 Donald W. Kirchberg and Kathleen J. Kirchberg, 103 Duke Lane, Portland,
Texas 78374 (hereinafter "Developer ").
WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat to
develop a tract of land of approximately 20.892 acres called Rhew Industrial Tracts Unit
1 located south of Leopard Street and east of Rhew Road, as shown in the attached
Exhibit 1;
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:
1. REQUIRED CONSTRUCTION
The Developer shall construct the 12 -inch PVC sanitary sewer collection line needed for
Rhew Industrial Tracts Unit 1 in compliance with the City's Platting Ordinance and under
the plans and specifications approved by the Development Services Engineer.
Exhibit F
1 of 6
STATE OF TEXAS
COUNTY OF NUECES
I hereby certify that this instrument was FILET}
in file number sequence on the date and at the
time stamped herein by me, and was duly RECORDED
in the Official Public Records of
Nueces County, Texas
a
DIANA T. BARERRA
NUECES COUNTY, TEXAS
An rovision herein which restricts the Sale, R
ental or use
of the described.PEAL._PROPERTY because._af..Race,..
Color
Religion, Sex, Handicap, Faaiiial Status, or Nat
ional Origin
is invalid and unenforceable under FEDERAL LAW
3!12!89.
Doc# 2008010784
B Pages i8
03/10/2008 1 :46PN
Official Records of
NUECES COUNTY
DIANA T. BARRERA
COUNTY CLERK
Fees $51.00
ORIGINAL