Loading...
HomeMy WebLinkAboutC2008-234 - 7/15/2008 - ApprovedSANITARY SEWER TRUNK LINE CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This Sanitary Sewer Trunk Line 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 Turner Industries Group, LLC, a Louisiana limited liability company, 2301 North Port Avenue, Corpus Christi, Texas 78401 ("Developer"). WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat to develop a tract of land of approximately 24.1 acres called Turner Industries Tract, Block 1, Lot 1, located south of IH 37 Access Road and east of Clarkwood Road, 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 trunk line; WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Developer's costs for the construction of a sanitary sewer trunk line; WHEREAS, it is essential that the sanitary sewer trunk line 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 18-inch PVC trunk 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 18-inch PVC sanitary sewer trunk line needed for Turner Industries Tract, Block 1, Lot 1 in compliance with the City's Platting Ordinance and under the plans and specifications approved by the Development Services Engineer. 2008-234 07/15/08 Page 1 of 7 M2008-173 S Trunk Line Constr and Reimb Agreement ryr 7-9-2008.doc Turner Industries Group 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 18-inch PVC sanitary sewer trunk line, as shown in Exhibit 2, with the following basic design: 1. Install 692 linear feet of 18-inch PVC sanitary sewer trunk line 2. Install 1 (one) 6-foot diameter manhole. 3. Install 1 (one) 5-foot diameter drop manhole. 4. Install 1 (one) 5-foot diameter fiberglass manhole. 5. Install 158 linear feet of 16-inch steel bore casing. 6. Install 1 (one) tie to existing manhole. 7. Rehab 1 (one) existing manhole. 8. Install 692 linear feet of OSHA trench protection. b. The sanitary sewer trunk line must begin at a proposed manhole located approximately 50 feet south of the intersection of Leopard Street and Clarkwood Road and extend south approximately 692 linear feet along the east side of Clarkwood Road to an existing manhole located near the Clarkwood North Lift Station. 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 18-inch sanitary sewer trunk line, the Developer shall acquire and dedicate to the City the required utility easement or right-of-way for the installation of the 18-inch sanitary sewer trunk 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 July 31, 2009. Page 2 of 7 Turner Industries Trunk Line Reimb SS Trunk Line Constr and Reimb Agreement rjr 7-9-2008.doc 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 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 construction 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 under 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 July 31, 2009. b. In the event of default, the City has all its common law remedies in addition to the following: 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. FINANCIAL SECURITY. Developer or its contractors shall deposit with the City security equal to 110% of the estimated costs of the project before beginning the work. The estimated costs are set out in Exhibit 3. The security may be in the form of a letter of credit issued by a bank in Corpus Christi, Nueces County, Texas; payment and performance bonds; or cash. The form and content of any letter of credit or bond must be acceptable to the City's Finance Director and City Attorney. If performance and payment bonds are used, they must comply with Texas Government Code, Chapter 2253. The performance and payment bond must name Developer and City as joint obligees. Page 3 of 7 Turner Industries Trunk Line Reimb SS Trunk Line Constr and Reimb Agreement ryr 7-9-2008.doc 9. NOTICE AND CURE. 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: Turner Industries Group, LLC 2301 North Port Avenue Corpus Christi, Texas 78401 ATTN: Regional Manager 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 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 breach after notice, the City may terminate this Agreement. d. The provision for notice and cure contained in this Agreement applies to a default under section 7 in this Agreement. 10. WARRANTY. Developer shall fully warranty the workmanship of and function of the 18-inch sanitary sewer trunk line and the construction the sanitary sewer trunk line for a period of one year from and after the date of acceptance of the facilities by the City Engineer. 11. REIMBURSEMENT. a. Subject to the provisions of subsection c. of this section, the City will reimburse the Developer 100% of the cost of the 18-inch sanitary sewer trunk line, not to exceed $257,884.97. See Cost Estimate attached to this Agreement as Exhibit 3. Page 4 of 7 Turner Industries Trunk Line Reimb SS Trunk Line Constr and Reimb Agreement rjr 7-9-2008.doc b. The City will reimburse the Developer for expenses incurred for the preparation of plans and specifications for the 18-inch sanitary sewer trunk line by the professional engineer hired by the Developer. c. Under a variance to the requirements of Section V.B.6.f)(1(ii), City of Corpus Christi Platting Ordinance, granted by the City's Planning Commission, the City will reimburse the Developer for any work commenced before the approval of an amendment to the City's Master Sanitary Sewer Plan (Wastewater Collection System Master Plan for the Allison W.W.T.P. Service Area), which extends the boundary of Master Plan Basin 26 in the Allison W.W.T.P. service area to include Turner Industries Tract, Block 1, Lot 1, and approximately 24.971 acres out of the Consolidated EI Paso Irrigation and Manufacturing Company, State Survey 500, Abstract 582, Nueces County, Texas, owned by Turner Industries Group, LLC., and adjoining Turner Industries Tract, Block 1, Lot 1, if the master plan amendment is approved by the City Council. The City will not reimburse the developer for any expenses related to the construction of the 18-in sanitary sewer trunk line if the amendment to the master plan is not formally adopted. 12. 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 18-inch sanitary sewer trunk line construction. 13. COVENANT RUNNING WITH THE LAND. This Agreement is a covenant running with the land, Turner Industries Tract, Block 1, Lot 1 in Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. 14. DISCLOSURE OF OWNERSHIP INTERESTS. Developerfurther 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. 15. EFFECTIVE. This agreement becomes effective and is binding upon and inures to the benefit of the City and Developer, and their respective heirs, successors, and assigns from and after the date of execution. Page 5 of 7 Tumer Industries Trunk Line Reimb SS Trunk Line Constr and Reimb Agreement ryr 7-9-2008 EXECUTED IN DUPLICATE originals, this ~~ ,day of ___ ~ G~2%(~ 2008. ATTEST: CITY OF CORPUS CHRISTI o By: Armando Chapa G rge K. Noe City Secretary Ci y Manager APPROVED: day of By: R. Jay Reining First Assistant City Attorney for the City Attorney THE STATE OF TEXAS 2008 COUNTY OF NUECES This instrument was acknowledged before me on ~ , 2008, by George K. Noe, City Manager, City of Corpus Chris ', exas, a Te as home-rule municipal corporation, on behalf of the corporation. Cx Pr~~ Notary Public, State of Texas Page 6 of 7 ~, • ~'~,. CONNIE PARKS MY COMMISSION EXPIRES '~'°` November S, 2011 "~.s8,~: Turner Industries Trunk Line Reimb SS Trunk Line Constr and Reimb Agreement rjr 7-9-2008.doc DEVELOPER: THE STATE OF TEXAS COUNTY OF HARRIS Turner Industries Group, L.L.C. •.c By: Joh o ky Senior Ice Preside Regional Manager This instrument was acknowledged before me on July 10th , 2008, by John M. Golasheskv, Senior Vice President, Regional Manager, Turner Industries Group, L.L.C., a Louisiana limited liability company, on behalf of the company. .p~i.~ Notary Public, State of Texas ;',,p,RY pG :~~~5 2 B ': ~ 9nF~P~ ~ Z - OF iEt' i J Page 7 of 7 Turner Industries Trunk Line Reimb SS Trunk Line Constr and Reimb Agreement ryr 7-9-2008.doc (~ ,~ 8 a Z w om a Y v r ~ a ~ x- O r „R O ~ } . '~ ... W z 1~ = NV Q m W ~ m -, ii a Z ° E N ~ _ ~ co O T N ~p O ~/ LL j o~ O N c ~ Z po g ^ rn `, _.. m g N p W Wm pao -L © aR ~j ~ n mQ ~ O ~ " nn C. ~'._ ....___ __ _. _..~~ Pop ~ ~O - _ ~ ys y - a~`. ell v laa c ~ S p N JOaOa , ....: a oc 0 O ~ p ° N X o ~ W r ~ y! ~ .~ ~ F O F 3 f A ~ c y N r8 ~° v ~ V U ! ~ - ~ a . -- m~ .._. -.- ... ;: _. ~ p W Z H Exhibit 7 ~. I ~~ !~ Q I % .~`^^9.q y% a I ~ `. ~ `. 'I I ~ i0 f0 •- ~ ~ ~ V~ •- I I a i fl ''' ~ i c I o ~ "~ ~ N I ~ U~ x I I ~ mn I ~a f'z oE~e QO QQ I ~ } ad Q I I 11 ~c-z' ~ ~ 1 cs c u ~~G C 1 ~ I ~ < I ~ 1 W W~ ~. R'd4~ YI. i ~ ~~ II ~~3 I i ~~ 1 ~ iel ~ ~ ~,~ ~ ~~~ Y c3 _ I 3 °d I `~~ o~~a ri z WW 6 I ~{O ~~aN I J~~~ 1 ~ '~ F3~ W N I ~i~~ ..,`\.. € I b~Qa ~ ^Ua» ~m>.a: ~~~ I ~ ~ I ~~ :; ~~ I Exhibit 2 LZ~ WWI (~ 0 5 z° Eng: Murtay F. Hudson, P.E. Client: Turner lodusbies By: agr Engtneer's Coat Estimate Public InhasiNdure Improvements 18" Trunkl(ne Turner Indualriea Tract, Btodc 1, Lot 1 Corpus Christi, Texas ITEM DESCRIPTION QUAN. UNIT UNIT TOTAL PRICE COST Urban Engtneedng 2725 Swaniner Corpus Christi, TX 78404 1.381.854-3101 June 25, 2008 Job No. 4082tA7.00 Exhibit 3 t of t 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: TURNER INDUSTRIES GROUP. L.L.C. STREET: 3850 Pasadena Blvd. CITY: Pasadena. Texas ZIP: 77503 FIRM is: 1. Corporation 2. Partnership 3. Sole Owner 4. Assoaation - 5. Other a Limited Liability Company DISCLOSURE QUESTIONS it 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°k or more of the ownership in the above named "firm". Name Job Title and City Department (rf known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3°k or more of the ownership in the above named "flnn". Name Title N/A 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 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 cdntract and has an "ownership Interest" constituting 3°k or more of the ownership In the above named "firm". Name Consultant N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that 1 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: John M. Golasheskv Title: Sr. ice President Signature of Certifying Person: Date: July 3. 2008 ~.~t Doo# 2006034667' ORI SANITARY SEWER TRUNK LINE CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This Sanitary Sewer Trunk Line 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 Turner Industries Group, LLC, a Louisiana limited liability company, 2301 North Port Avenue, Corpus Christi, Texas 78401 ( "Developer "). WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat to develop a tract of land of approximately 24.1 acres called Turner Industries Tract, Block 1, Lot 1, located south of IH 37 Access Road and east of Clarkwood Road, 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 trunk line; WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Developer's costs for the construction of a sanitary sewer trunk line; WHEREAS, it is essential that the sanitary sewer trunk line 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 18 -inch PVC trunk 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 18 -inch PVC sanitary sewer trunk line needed for Turner Industries Tract, Block 1, Lot 1 in compliance with the City's Platting Ordinance and under the plans and specifications approved by the Development Services Engineer. Page 1 of 7 Turner Industries Trunk Line Reimb SS Trunk Line Constr and Reimb Agreement rjr 7- 9- 2008.doe ORIGINAL City of Carpus Christi Development Services/ V Special Services 2406 Leopard, Suite 100 Corpus Christi, TX 78408 STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instrument was FILED in file number sequence on the date and at the time stamped herein bV me, and was duly RECORDED in the Official Public Records of Nueces County, Texas A a DIANA T. BARERRA NUECES COUNTY, TEXAS y provision herein which restricts the Sale, R a or use of the described REAL PROPERTY because of Race, Color, Reli Fon Sex, Handicap, Familial Status, or Nat iona Qrl in is invali> and unenforceable under FEDERAL LAW, 3/12/99, Doc# 2008034667 # Pages 12 07/3i/2009 3:30PM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $59,00 J