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Home My WebLink AboutC2008-160 - 5/13/2008 - 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 Corpus Christi {"City"), a Texas home-rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469-9277, and AEP Texas Central Company, 539 N. Carancahua Street, Corpus Christi, Texas 78478 ("Developer"). WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat to develop a tract of land of approximately 15.38 acres called Cabaniss Acres, No. 2, Lot 4 located south of Holly Road and west of Ayers Street, as shown in the attached Exhibit 1; WHEREAS, Developer, will soon be commencing construction on infrastructure and related site improvements under 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 in this Agreement, the City and Developer agree as follows: 1. REQUIRED CONSTRUCTION The Developer shall construct the 12-inch PVC sanitary sewer collection line needed far Cabaniss Acres, No. 2, Lot 4 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 City's Development Services Engineer, to prepare plans and specifications for the 12-inch 2008-160 M2008-120 Page 1 of fi 05/13/08 istr and Reimb Agreement -RJR Oa1a20o8.doc AEP TX Central PVC sanitary sewer collection line, as shown in Exhibit 2, with the following basic design: 1. Install 1,359 linear feet of 12-inch PVC sanitary sewer collection line 2. Install 3 {three) 4-foot diameter fiberglass manholes. 3. Install 1 (one) 5-foot diameter fiberglass manhole. 4. Install Extra Depth for Sanitary Sewer Manhole > 6-feet Deep. 5. Install 1 (one} Manhole Tie-In. 6. Install 1,359 linear feet of Trench Excavation Safety Protection. b. The sanitary sewer collection line must begin at an existing manhole located approximately 1,200 feet north of Saratoga Boulevard and extend north approximately 1,359 linear feet along the east side of State Highway 286. c. The plans and specifications must comply with City Standard Wastewater Detail Sheets and Standard Specifications. d. 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 coAection line. 4. PLATTING FEES. Developer shall 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 must be constructed, under the approved plans and specifications, and completed by May 31, 2009. 6. TIME IS OF THE ESSENCE. Time is of the essence in the pertormance of this contract. Page 2 of 6 Cabaniss Acres SS Collection Line Constr and Reimb Agreement -- RJR 04182008.doc 7. DEFAULT. a. The following events must constitute default: 1. 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. 2. 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. 3. Developer fails to award a contract for the construe#ion of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. 4. Developer's contractor does not reasonably pursue construction of the project according to the approved plans and specifications. 5. Developer's contractor fails to complete construction of the project, according to the approved plans and specifications, on or before May 31, 2009. b. In the event of default, the City will have all its common, law remedies in addition to the following: 1. Cancellation of this reimbursement Agreement without notice or cure. 2. 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 contracts with the contractor for the construction of the praject must provide that the City is 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 must comply with Texas Government Code, Chapter 2253, and must be in the form and substance as attached to this Agreement. Page 3 of 6 Cabaniss Acres SS Collection tine Constr and Reimb Agreement - RJR 04182008.doc 10. NOTICE. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party at the following address: 1. If to the Developer: AEP Texas Central Company 539 N. Carancahua Street Corpus Christi, Texas 78478 ATTN: Manager Real Estate Asset Management 2. If to the City: City of Corpus Christi 1201 Leopard Street (78401) P. O. Box 9277 Corpus Christi, Texas 78469 ATTN: Assistant City Manager Development Services b. Should Developer fail to perform any obligation or duty of this Agreement, the City may give notice to Developer, at the address stated in subsection a of this section, of the need to perform the 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 performance to Developer. Developer shall pay to City the cost of performance within 30 days from the date Developer receives notice of the cost of performance. c. Notice required by the section must be by United States Posta! Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by persona! delivery. In the alternative, in the event of Developer's failure to cure any breach after notice, the City may terminate this Agreement. d. The provision far notice and cure contained in this Agreement applies to a default under section 7 in this Agreement. 11. WARRANTY. Developer sha11 fully warranty the workmanship of and function of the 12-inch sanitary sewer collection line and the construction the sanitary sewer collection line 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 $93,913.07. See Cost Estimate attached to this Agreement as Exhibit 3. Page 4 of 6 Cabaniss Acres 5S Collection Line Canstr and Reimb Agreement -- RJR 44182008.doc 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. Reimbursements will be made no later than 30-days from the date of the invoice. Developer shall submit all required performance bonds and praaf of required insurance under applicable laws. The City agrees to conduct periodic inspections and approve the progress of the work at key paints during construction. 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, Cabaniss Acres, No. 2, Lat 4 in Nueces County, Texas, and must 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 this Agreement, the Disclosure of Ownership interests form attached to this Agreement 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 execu#ian. EXECUTED IN DUPLICATE on finals this b~ da f g , ~ y o , 2008. ATTEST: CITY OF CORPUS CHRISTI By: Armando Chapa eorge K. Noe City Secretary City Manager .~~g. ~u~~~x~«kf +.tt- Co~~rft....,..,~3 n~ ...~ 4FrtFT~i~v ~. Page 5 of 6 Cabaniss Acres 55 Collection tine Constr and Reimb Agreement -RJR 04182008.doc APPROVED: day of , 2008 By: R. ay einin First Assist t City Attorney for the City Attorney THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 2008, by George K. Noe, Ci Manager, City of Corpus Christi, Tex a exas home-rule m 'cipal corpor n, behalf of the corporation. 1i!~.P Ir ;;~~*•• COHNd1EPARKS Notary Public, Sta#e of Texas =•: *= Mvc+aMMIS3lolvex~lft~s ~,~~~,1~~ IVwretnbet 9, 20t1 DEVELOPER: AEP Texas Central Company ay: z ~ ~ Ray . Strawser Manager Real Estate Asset Management THE STATE OF t~.S~,,;~ COUNTY OF F.,~.a--.-~ This instrument was acknowledged before me on ~ ~ a 3 , 2008, by Roy A. Strawser, Manager, Real Estate Asset Management, EP Texas Central Company, on behalf of the company. ~~~ LlBll~ Notary ublic, St of ' o~ ^^~~~~ Page 6 of 6 Cabaniss Acres SS Collection Line Constr and Reimb Agreement -RJR 04182008.doc ~~~ ~~~i ~~ I GRAPHIC SCALE 2000 X000 0 2000 L~CATI~N MAP NUECES COUNTY, TEXAS Exhibit 1 LOCATION MAP CASANISS ACRES N0. 2. LOT 4 WATER SYSTEM IMPROVEMENTS AVERS ST. do ONSiIE LOOP coRrus c ~cB c~ C~IMUSRY 5~ Engineering 6t &urveying m~ rrs oe . iw rrp~q tuob ter . re-tr-~fn ~~ II MATCH LfNE ~ ~, ~ I ~I I I ~~ 1 1 ~ I ~ lyU1N~1olE A-3 TOP=30.25 ~ 12" INV. IN(N)=18,58 - ~ 12° INV. OUT(5)=1$.58 N . . Q 3 I ;- --xo' urn.m ~~r ~ ~~ ~ 3- O 3 '~ ~ ~ 2 ~ ~ , ca ~ ~ ' 2 ~ ~ ~ I~ Ii ~ I ~ ¢ i E NANFIOlE A-2 ~'' ~ TOP=31}.64 12" INV. 1N(N)=17.48 I ~' i 12° INV. OUT(5)=17,48 'I . t ~F I ~I I gg it I ~ h1ANFlOLE A-1 ~ TOP=30.58 ~~ OF ~x" ~ ~ 12° INV. IN{N)=16.80 ° cns ~ ra-G 12 INV. OUT(5}=16.80 I [ LAIJ~iIYU wuYnVLC I TOP=30.49 { NQ~~; 1. CORE DRILL AND RECONSTRUCT BENCHES AT EXISTING I~WNHOLE TtE~-IN. OTHER EXPOSED SUIZFACI=S TO BE JEFF-COATED PER STANDARD DETAILS. 2. SANITARY SEWER PIPE TO BE 12" PVC SDR 26, GREEN IN COLOR. OFFSfTE WASTEWATER CONSTRUCTION ~~ /~ ~~i~® CABANISS ACRES N0. 2, LOT 4 L.+t1J~7/ fix; WATER SYSTEM IMPROVEMENTS E n g i n e e r f n g~ S u r v e y i n g AVERS SL do ONSlIE LOOP ~~~~- ~~~ n~ ('.•'~~~" C~ F:\i07a5D\E%HI9fl5\Ci4Y Counce! Aqua-lxoGan Na0.dUq Exhibit 2 Page 1 of 1 ~ Cabaniss Acres No. 2 Lot 4 aarn;ary sewer mam exten sion i i I ni Item ' Description Qty ;Unit 1 Bid ; Totals 2A j Sanitary Sewer Line ~ ,'~~ 1 12" Gravi Sanitary Sewer Pie 10'-14' 1,359 EA $ 37.00 $ 50,283.00 2 4' Diameter Fiber lass Sanita Sewer Manhole 0'-6' 3 EA $ 4,000.00 $ 12,000.00 3 5' Diameter Fiber lass Sanity Sewer Manhole 0'-6' 1 EA $ 7,500.00 $ 7,500.00 4 Extra Depth Sanita Sewer Manhole, >6' 27.00 VF $ 200.00 $ 5,400.00 5 Manhole Tie-In 1 EA $ 5,383.00 $ 5,383.00 6 Trench Excavation Safe Protection 1,359 LF $ 5.00 $ 6,795.00 7 ngineering Fees 7. o) 1 EA $ 6,552.07 $ 6,552.07 ~ ~, ~ - ~" '` ~ ~;~~ fx<~.. ~ :._ _ ~ . ~.,~,~"~ .~` ~ ' $ 93,913.x7 . ~~ ~ i i ~ i i j j I i I I ! I i ~ i I ~ i i __ ' i ~ I I ~ ' I --.~~ i ~ ~ ? -- i i f ~..~+ ---- I ~ i -- ' __ - ~ i Exhibit 3 C=--1 CiTY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Carpus 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 n~/~~/~~}f L~~L ~~r~il'I/~~~,y,~/ ~ . STREET: ,~~T /(~ /_-lL~git/C~//!~/5~" CITY:G~,Q/J~,t,I'L.hrZIJ/' ~ ZIP: 7~~7~ FIRM is: 1. Corporation ~ 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. 4. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% ar more of the ownership in the above named "firm". Name Job Title and City Department (if known} ~/~/~ 2. State the names of each "official" of the City of Corpus Chris#i having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title /t/ /~ 3. State the names of each "board member" of the City of Carpus Christi having an "ownership interest" consti#uting 3% or more of the ownership in the above Warned "firm". Name Board, Commission or Committee ~~ 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 ~~ CERTIFICATE I certify that afl information provided is true and correct as of the date of this statement, that I have Wok knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Carpus Christi, Texas as changes occur. // ~~ Certifying Person: J'~2 Title:~~.v~u~G~~77~tr (Type or Print) Signature of Certifying Person: Date: ~~L3/D~ _ Exhibit 4 Page 1 of 2 AN ORDiNANGE APPROPRIATING $93,913.07 FROM THE NO. 422Q SANITARY SEWER COLLECTION LINE TRUST FUND TO REIMBURSE AEP TEXAS CENTRAL COMPANY FOR THE INSTALLATION OF 1,359 LINEAR FEET OF 12-INCH PVC SANITARY SEWER COLLECTION LINE FOR DEVELOPMENT OF CABANISS ACRES, NO. 2, LOT 4, AS SPECIFIED IN THE SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT; AND DECLARING AN EMERGENCY. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $93,913.07 is appropriated from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse AEP Texas Central Company reimbursement request for the installation of 1,359 linear feet of 12-inch PVC sanitary sewer collection line, as specified in the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement, to develop Cabaniss Acres, No. 2, Lot 4, located near State Highway 285. SECTION 2. That upon written request of the Mayor or fiive council members, copy attached, the City Council finds and declares an emergency due to the need far immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 13th of May, 2008. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI enry Garr Mayor APPROVED as to form: May 5, 2006 ay: R. y inin First Assistant City Attorney For City Attorney 027fi93 H:1LEG-DER1SharedUaylAgenda1200815-1310RD Approp-AEP-CabanissAcres-sansewer.doc Page 2 0€ 2 Corppus hristi, Texas I Day of , 2008 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: Ilwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Council Members Respectfully, Henry Garrett Mayor The above ordinance was passed by the following vote: Henry Garrett Melody Cooper ~ ~su~ Larry Elizondo, Sr. Mike Rummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon ~~ _A 02'693 H:II.EG-Ol RIS haredlJaylAgenda120Q815-1310RD-Approp-AEP-CSbanissAcres-sansewer.dx