HomeMy WebLinkAboutC2009-068 - 2/24/2009 - ApprovedEXTRA PAVEMENT DEPTH
CONSTRUCTION AND REIMBURSEMENT AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
This Extra Pavement Depth 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,
Corpus Christi, Texas, 78469 -9277, and Extreme Homes of Texas, LLC, a Texas
limited liability corporation, 3826 Apollo, Corpus Christi, Texas 78413
( "Developer").
WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a
plat, approved by the Planning Commission on July 25, 2007, to develop a tract
of land of approximately 12.587 acres called Maple Hills Unit 5 Subdivision
( "Development") east McKenzie Road and south of Up River Road, as shown in
the attached Exhibit 1;
WHEREAS, under the Platting Ordinance, the Developer is responsible for
construction of Extra Pavement Depth ( "Extra Pavement Depth ");
WHEREAS, under the Platting Ordinance, the Developer is eligible for
reimbursement of the Developer's costs for the construction of the Extra
Pavement Depth above that of a Residential Collector Street cross section;
WHEREAS, it is to the best interest of the City that the Extra Pavement Depth be
constructed;
WHEREAS, Resolution No. 026869 authorized the acceptance of applications to
be eligible for reimbursement in the future when funds become available and are
appropriated by City Council; and
WHEREAS, Developer has submitted an application for reimbursement of the
costs of installing the Extra Pavement Depth (Exhibit 2);
NOW, THEREFORE, for and in consideration of the mutual covenants in this
Agreement, the parties do covenant and agree as follows:
1. REQUIRED CONSTRUCTION
The Developer shall construct the Extra Pavement Depth, in compliance with the
City's Platting Ordinance and under the plans and specifications approved by the
Development Services Engineer.
2009 -068
M2009 -051
02/24/09
Exteme Homes of Texas
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 Extra Pavement Depth, as shown in Exhibit 3, with the following basic design:
1. Install 5,587 square yards of 10 inch Lime Stabilized Subgrade
2. Install 4,652 square yards of 8 inch Caliche Base
3. Install 4,652 square yards of Prime Coat
4. Install 4,652 square yards of 2 inch Hot Mix Asphaltic Concrete
Pavement
b. The Extra Pavement Depth must include Wood Creek Drive, beginning at the
connection of Wood Creek Drive and Up River Road at the north property line of
Maple Hills Unit 5 and extend to the south through the intersection of Wood
Creek Drive and Creek View Drive; then along Creek View Drive, west to the
limits of Maple Hills Unit 5.
c. The plans and specifications must comply with City Standard Specifications
and Construction Details.
d. Before the Developer starts construction the plans and specification must be
approved by the City's Development Services Engineer.
3. SITE IMPROVEMENTS. Prior to the start of construction of the Extra
Pavement Depth, Developer shall acquire and dedicate to the City the required
street rights -of -way ( "Rights -of- Way"), if necessary for the completion of the Extra
Pavement Depth. If any of the property needed for the Rights -of -Way is owned
by a third party and Developer is unable to acquire the Rights -of -Way through
reasonable efforts, then the City will use its powers of eminent domain to acquire
the Rights -of -Way.
4. PLATTING FEES. (not applicable).
5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer shall
award a contract and complete the Extra Pavement Depth, under the approved
plans and specifications, by May 10, 2009.
6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of
this contract.
7. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and
in good faith in performing their duties or obligations under this Agreement. If
this Agreement calls for review or inspections by the City, then the City's reviews
or inspections must be completed thoroughly and promptly.
8. DEFAULT. The following events shall constitute default:
1. Developer fails to engage a professional engineer for the preparation of
plans and specifications by the 10th calendar day after the date of
approval by City Council.
2. Developer's professional engineer fails to submit the plans and
specifications to the City's Director of Engineering Services by the 60th
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 90th 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,
under the approved plans and specifications, on or before May 10, 2009.
6. Either the City or Developer otherwise fails to comply with its duties
and obligations under this Agreement.
9. NOTICE AND CURE.
a. In the event of a default by either party under this agreement, the non -
defaulting party shall deliver notice of the default, in writing, to the defaulting
party stating, in detail the nature of the default and the requirements to cure such
default.
b. After delivery of the default notice, the defaulting party has 15 business days
from the delivery of the default notice ( "Cure Period ") to cure the default.
c. In the event the default is not cured by the defaulting party within the Cure
Period, then the non - defaulting party may pursue its remedies in this section.
d. 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 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 such performance to Developer by
reducing the reimbursement amount due Developer.
e. In the event of an uncured default by the Developer, after the appropriate
notice and cure period, the City has all its common law remedies and the City
may:
1. Terminate this Agreement after the required notice and opportunity to
cure the default.
2. Refuse to record a related plat or issue any certificate of occupancy for
any structure to be served by the project.
3. Perform any obligation or duty of the Developer under this agreement
and charge the cost of such performance to Developer. Developer shall
pay to City the reasonable and necessary cost of the performance within
30 days from the date Developer receives notice of the cost of
performance. In the event that Developer pays the City under the
preceding sentence, and is not otherwise in default under this Agreement,
then the Agreement shall be considered in effect and no longer in default.
f. In the event of an uncured default by the City after the appropriate notice and
cure period, the Developer has all its remedies at law or equity for such default.
10. FORCE MAJEURE.
a. The term "force majeure" as employed in this Agreement means and refers to
acts of God; strikes, lockouts, or other industrial disturbances; acts of public
enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires;
hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances;
explosions; or other causes not reasonably within the control of the party
claiming the inability.
b. If, by reason of force majeure, either party is rendered wholly or partially
unable to carry out its obligations under this Agreement, then the party shall give
written notice of the full particulars of the force majeure to the other party within
ten (10) business days after the occurrence or waive the right to claim it as a
justifiable reason for delay. The obligations of the party giving the required
notice, to the extent effected by the force majeure, are suspended during the
continuance of the inability claimed, but for no longer period, and the party shall
endeavor to remove or overcome such inability with all reasonable dispatch.
11. NOTICES.
a. Any notice or other communication required or permitted to be given under
this Agreement must be given to the other Party in writing at the following
address:
1. If to the Developer:
Extreme Homes of Texas, LLC
3826 Apollo
Corpus Christi, Texas 78413
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. 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.
c. Either party may change of address for notices by giving notice of the change
under the provisions of this section.
12. 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 must provide that the City is a third party beneficiary of
each contract.
13. PERFORMANCE AND PAYMENT BONDS. Developer shall require its
contractor for the construction of the project, before beginning the work, to
execute with 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.
14. WARRANTY. Developer shall fully warranty the workmanship of and
function of the Extra Pavement Depth for a period of one year from and after the
date of acceptance of the facilities by the City Engineer.
15. REIMBURSEMENT.
a. Subject to the appropriation of funds, the City will reimburse the Developer
100% of the reasonable cost of the Extra Pavement Depth, not to exceed
$18,911.40. See attached cost estimate (Exhibit 4).
b. The City agrees to reimburse the Developer on a monthly basis upon
invoicing for work performed. The reimbursement will be made no later than 30-
days from the date of the invoice. Developer shall submit all required
performance bonds and proof of required insurance under the provisions of this
Agreement.
c. To be eligible for reimbursement, the work completed in a good and
workmanlike manner, and must have been inspected and accepted by the City.
The City agrees to conduct periodic inspections and approve the progress of the
work at key points during construction.
d. In the event that this Agreement is terminated by the City at a time when there
has been a partial completion and partial payment for the improvements, then the
City shall only reimburse Developer for its costs that were legitimately incurred
towards the completion of the improvements that have been inspected and
accepted by the City up to the time that there is an uncured default by the
Developer.
16. INDEMNIFICATION. Developer shall indemnify and hold harmless the City,
its agents, officers, and employees ( "Indemnitees ") 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 the construction of the Extra Pavement Depth
by the Developer.
17. COVENANT RUNNING WITH THE LAND. This Agreement is a covenant
running with the land, Maple Hills Unit 5, a subdivision in Nueces County, Texas,
and must be recorded in the Official Public Records of Nueces County, Texas.
The duties, rights, and obligations of the Agreement are binding on and inure to
the benefit of the Developer's successors or assigns.
18. DISCLOSURE OF OWNERSHIP INTERESTS. Developer further agrees, in
compliance with the City Ordinance No. 17110, to complete, as part of this
Agreement, the Disclosure of Ownership interests form attached hereto as
Exhibit 5.
19. EFFECTIVE DATE. 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 by all parties.
20. AUTHORITY. The person signing this Agreement on behalf of the parties
represents, warrants, and guarantees that they have authority to act on behalf of
the party and make this Agreement binding and enforceable b their signature.
EXECUTED IN DUPLICATE originals, this a I day of
2009.
ATTEST:
CHRISTI
Armando Chapa
City Secretary
THE CITY OF CORPUS
By:
'Angel R. Escobar
City Manager
APPROVED AS TO FORM: /J14day of /2 6n/4'7 , 2009
R.
y Reining /
Fi st Assistan City Attorney
for the City Attorney
THE STATE OF TEXAS
COUNTY OF NUECES
1M039 -0SI AUTHURILIL
IT COUNCIL
SECRETARY pL
This instrument was acknowledged before me on ad.e , 2009,
by 'Angel R. Escobar, City Manager, City of Corpu Christi, Texa , a Texas
home -rule municipal corporation, on behalf of the corporation.
Notary Publi State of xas
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on , 2009, by
'Angel R. Escobar, City Manager, City of Corpus Christi, Texas, a Texas home -rule
municipal corporation, on behalf of the corporation.
Notary Public, State of Texas
DEVELOPER: Extreme Homes of Texas, LLC
By:
J
n Mikulencak
Member
THE STATE OF TEXAS
COUNTY OF TRAVIS
At
This instrument was acknowledged before me on Fehruua,I" , 2009, by John
Mikulencak, Member, Extreme Homes of Texas, LLC , a Texas limited liability
corporation, on behalf of the corporation.
Page 7 of 8
MANY ROSCHEIZKY
MY COMMISSION EXPIRES
September 18, 2012
EXHIBIT 1
[Copy of Plat]
EXHIBIT 2
[Reimbursement Application]
EXHIBIT 3
[Map Showing Location of Infrastructure Improvements]
EXHIBIT 4
[Cost Estimate]
EXHIBIT 5
[Disclosure of Interest Form]
1
1
z
0
° tH
ti
VIC as
1
a
1
Vli
a
1 �a
F $ /,/ / /// gg
s
1 ` --
jiYl
U— y .t
EXHIBIT 1
APPLICATION FOR EXTRA PAVEMENT THICKNESS CONSTRUCTION AND
REIMBURSEMENT AGREEMENT
Uwe, Extreme Homes of Texas, LLC, owner and developer of the proposed
Maple Hills Unit 5 Subdivision, hereby request reimbursement of $ 18.911.40 for the installation
of the additional pavement thickness above that required for a residential collector street in
conjunction with the Maple Hills Unit 5 Subdivision, as provided for by City Ordinance No.
17396. Said $ 18 911.40 is the construction cost, including engineering cost, as shown by the cost
supporting documents attached herewith.
(Developer)
oa -a 09
(Date)
THE STATE OF TEXAS )(
COUNTY OF NUECES )( p
This instrument was acknowledged before me on _hrtL4r y Or�200 (,
L)lph n K ule TLXIc, fTen JD4r, e4ratL I-la rotes o4 Texas
Texas Limited Liability Corp •ration 'n behalf of said corporation).
By
CERTIFICATION
iYY Pubhe
in and for the S
as
The information submitted with this application for reimbursement has been reviewed and
determined to be correct. Reimbursement is subject to:
(a) sufficiency of funds in the Capital Improvements Program Fund for Street
Improvements. and
(b) approval and appropriation by the City Council.
aar /1.4
Developmgfit Services Engineer
(Date)
EXHIBIT 2
Maple Hills Subdivision, Unit 5
BASE BID
STREET WORK IMPROVEMENTS TOTAL
NO.
QTY
ITEM
UNIT
UNIT PRICE
TOTAL
PRICE
A -1
14,120
Street Excavation, complete in place per square yard.
SY
1.45
20,474.00
A -2
I
Site Grading/Lots, complete in place per lump sum.
LS
31,000.00
31,000.00
A -3
4,676
6" Caliche Base, complete in place per square yard.
SY
9.50
44,422.00
44
4,632
8" Caliche Base, complete in place per square yard.
SY
11.50
53,498.00
A -5
6,023
8" Lime Stabilized Subgrade, complete in place per square yard.
SY
4.00
24,092.00
A-6
5,587
10" Lime Stabilized Subgrade, complete in place per square yard.
SY
5.00
27,935.00
A -7
9,327
Prime Coat, complete in place per square yard.
SY
1.00
9,327.00
A -8
4,676
t -1/2" HMACP, complete in place per square yard.
SY
8.75
40,915.00
A -9
4,652
2" HMACP, complete in place square yard.
SY
10.50
48,846.00
410
5,245
6" Curb & Gutter, complete in place per linear foot.
LF
10.00
52,450.00
411
19,889
Concrete Sidewalk, complete in place per square foot.
SF
3.75
74,583.75
412
12
Handicap Ramps w/ Truncated Domes, complete in place per
each.
EA
600.00
7,200.00
A -13
5
Street Signs, complete in place per each.
EA
550.00
2,750.00
STREET WORK IMPROVEMENTS TOTAL
S 437,492.75
WATER DISTRIBUTION
13-1
1,382
6" Waterline, complete in place per linear foot.
LF
24.00
33,168.00
B -2
8
6" 45° Bends, complete in place per each.
EA
250.00
, 2,000.00
B -3
2
6" Plug, complete in place per each.
EA
150.00
300.00
B-4
703
8" Waterline, complete in place per linear foot.
LF
28.00
19,684.00
B -5
4
8" 45° Bends, complete in place per each.
EA
365.00
1,460.00
B -6
1
8" Plug, complete in place per each.
EA
200.00
200.00
B -7
1
Waterline Connection, complete in place per each.
EA
2,500.00
2,500.00
B -8
7
Fire Hydrant Assembly w/ Mainline Tee, complete in place per
each.
EA
2,850.00
19,950.00
B -9
62
Water Service, complete in place per each.
EA
600.00
37,200.00
WATER DISTRIBUTION IMPROVEMENTS TOTAL
S 116,462.00
WASTEWATER
C -I
1,737
8" Wastewater Line, complete in place per linear foot.
LF
29.00
50,373.00
C -2
3
8" Plug, complete in place per each.
EA
150.00
450.00
C -3
718
10" Wastewater line, complete in place per linear foot.
LF
36.00
25,848.00
C-4
5
4' a Wastewater Manhole (0'4' Depth), complete in place per
linear foot.
LF
2,500.00
12,500.00
C -5
3
Extra Depth for 4'e Manhole (Over 6' Depth), complete in place
per linear foot.
VF
275.00
825.00
C -6
62
Wastewater Service, complete in place per linear foot.
EA
550.00
34,100.00
C -7
2,620
Trench Safety (Wastewater), complete in place per linear foot.
LF
2.00
5,240.00
WASTEWATER IMPROVEMENTS TOTAL
S 129,336.00
STORM WATER
D-1
376 118" RCP, complete in place per linear foot.
LF
29.00
10,904.00
D -2
51 24" RCP, complete in place per linear foot.
LF
38.00
1,938.00
Bid Proposal
Page 1 of 3
EXHIBIT 4
a
is
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'. _ p
FIRM NAME e2 77EZf / !� �'tes or oaf
•
STREET: 3r52‘ AWL L. f ,ice crrir:SZIP: 781,/3 •
FIRM is: 1. Corporation 1/ 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.
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 "flnn ".
Name Job Title and City Department (if known)
/ V
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
/1/4
3. State the names of each "board member" of the City of Corpus Christi having an "ownership Interest"
constituting 354 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 contract and has an "ownership interest" constituting 3% or
more of the ownership in the above named "firm".
Name Consultant
w/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: J o,r%✓� /✓I' / /(/J //C k Tide: /' &iixii
(Type or Print) /�
Signature of Certifying Person: �`��UJ / " Date: OZ--./2-409
EXHIBIT 5