HomeMy WebLinkAboutC2009-069 - 2/24/2009 - ApprovedSANITARY SEWER LIFT STATION/FORCE MAIN REIMBURSEMENT AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
This Sanitary Sewer Lift Station Improvements 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
CNM 37, L.L.C., a Texas limited liability corporation, 6000 S. Staples St., Corpus
Christi, Texas 78413 ("Developer").
WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat,
approved by the Planning Commission on October 15, 2008, to develop a tract of land
of approximately 54.057 acres called Thirty Seven Industrial Park, located south of
Interstate 37 and east of Southern Minerals Road, as shown in the attached Exhibit 1;
WHEREAS, under the Platting Ordinance, the Developer is responsible for construction
of improvements to Public Lift Station 1031 in order to have sanitary sewer services;
WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement
of the Developer's costs for the construction of improvements to Public Lift Station 1031;
WHEREAS, it is to the best interest of the City that improvements to Public Lift Station
1031 be constructed to its ultimate capacity under the Master Plan;
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
improving the Public Lift Station 1031 (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 improvements to Public Lift Station 1031, 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
improvements to Public Lift Station 1031, as shown in Exhibit 3, with the following basic
design:
2009-069
M2009-052
02/24/09 Page 1 of 8
CNM 37
(1) Install 60 linear feet of 8-inch DI sanitary sewer forcemain (8'-10' deep).
(2) Install 2 (two) 22.5° DI bends.
(3) Install 2 (two) 90° DI bends.
(4) Make 2 (iwo) connections to existing 8-inch DI forcemains.
(5) Bore 2 (two) holes through the existing wet well.
(6) Install 20 linear feet of 10-inch PVC.
(7) Install 38 linear feet of 8-inch PVC.
(8) Install drop connection at new wet well.
(9) Install 20 linear feet of Dewatering.
(10) Install 20 linear feet crushed stone embedment.
(11) Install 20-foot diameter wet well.
(12) Install a 14-foot by 14-foot by 18-inch concrete slab under the proposed wet well.
(13) Install a 12-foot by 12-foot by 12-inch concrete cap above the proposed wet well.
(14) Install a 4-foot by 3-foot access cover.
(15) Install a 8-inch vent pipe with 180 bend, stainless steel screen, and mounting
brackets.
(16) Perform specified demolition of existing wet well.
(17) Install new guide bards.
(18) Install new liquid level float sensors.
(19) Install new wet hardware (Hangar, lifting chains, etc.).
(20) Remove and reinstall existing Flygt 3152 submersible pumps.
(21) Disconnect electrical control panel from the existing wet well, extend electrical
power through underground conduit to the new wet well, and reconnect at the
new wet well.
(22) Disconnect SCADA from the existing wet well, extend cables through
underground conduit to the new wet well, and reconnect at the new wet well.
(23) Replace 2 (iwo) gate valves in the existing valve vault.
Page 2 of 8
(24) Replace 2 (two) check valves in the existing valve vault.
(25) Allow temporary wastewater bypass.
(26) Remove 56 linear feet of 4-foot chain-link fence.
(27) Reinstall 56 linear feet of 4-foot chain-link fence.
(28) Mobilize personnel and equipment to construction site.
(29) Performance and Payment Bonds.
b. The plans and specifications must comply with City Standard Wastewater Detail
Sheets and Standard Specifications.
c. 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 construction of the lift station improvements, no
site improvements are required.
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 complete the improvements to Public Lift Station 1031, under the
approved plans and specifications, by February 28, 2010.
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 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.
Page 3 of 8
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 February 28, 2010.
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.
Page 4 of 8
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 affected 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:
CNM 37, L.L.C.
6000 S. Staples St., Suite 205
Corpus Christi, Texas 78413
ATTN: Burris McBee
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
Page 5 of 8
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 Lift Station and the construction thereof 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 lift station improvements, not to exceed $121,013.22. 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 this lift station improvement construction.
17. COVENANT RUNNING WITH THE LAND. This Agreement is a covenant running
with the land, Thirty Seven Industrial Park, 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.
Page 6 of 8
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 enfor eable by their signature.
EXECUTED IN DUPLICATE originals, this c~~ day of _~~, 2009.
ATTEST:
Armando Chapa
City Secretary
THE CITY OF CORPUS CHRISTI
By: ~a
' n el R. Escobar
City Manager
APPROVED AS TO FORM: ~~ ~~day of ~.~-~~~~-~/ , 2009
~~
Fir to sistantCit Attorney ~ab~~„-„05°ZAUTHORiZED
for the City Attorney ~[ ~ ~q
ST COtlI1CiL ...~~~..I.~ v ,
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on , 2009, by
'Angel R. Escobar, City Manager, City of Corpus risti, Texas, Texas home-rule
municipal corporation, on behalf of the corporation.
Notary Pu ,State exas
Page 7 of 8
FgLLY FIOUGHTaN
MY COMMISSgN EXWREB
SopNnDer24,2012
DEVELOPER:
CNM 37, L.L.C.
By:
Burris cRee, Member
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on FeM,JOtry 20 , 2009, by
Burris McBee, Member, CNM 37, L.L.C., a Texas limited liability corporation, on behalf
of CNM 37, L.L.C.
C
N tary Public, State of Texas
~,\1IUI
,,av~lw'"+-y DEIIIE G. MCATEE
¢ Notsry Public, Stste of Tsxss
ii. i, MyCommissionExpirss
''ti'ts `' Jury Ot, 2112
Page 8 of 8
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EXHIBIT 1
Page 4 of 4
APPLICATION FOR LIFT STATION
CONSTRUCTION AND REIMBURSEMENT AGREEMENT
I, Burris McBee of CNM 37. L.L.C., owner and developer of proposed Thirty Seven
Industrial Park Subdivision, herby request reimbursement of $121.013.22 for the improvements
to the sanitary sewer lift station upgrade in conjunction with Thirt~Seven Industrial Park
subdivision, as provided for by City Ordinance No. 25424. Said $199.021.80 is the construction
cost, including Engineering, in excess of the lot/acreage fee, as shown by the cost supporting
documents attached herewith.
~/UIi`TL~--~ O
Burris McBee, Member ate
CNM 37, L.L.C.
THE STATE OF TEXAS )(
COUNTY OF NUECES )(
Tits rostrum was a owledged before me on 20 ~~
by ,~~ ~y ~ ~_ > a Texas Corporation, o ehalf of the said
corporation. a~` p,CIE,M ~1,~~
.'.O PR bp~:;9
_ ° N tary Public in and for the State of Texas
__ w~q
~~• 9lP OF t~+P ~~
CERTIFICATION '~, ~.:eXP~aES.._'
The information sub~fYY4NC~Y°°with this application for reimbursement has been reviewed
and determined to be conect. Reimbursement is subject to:
(a) sufficiency of funds in the Trunk Line Trust Fund, and
(b) appropriation and approval y the City Council.
u ~ /
Development Services Engineer (Date)
EXHIBIT 2
it _ __ _.___~ ' ~ ~\
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REMOVE
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FENCE
LIFT STATION
CONCRETE CAP
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10'0 FIBERGLASS
WET WELL
-8" D.I. PIPE
LP~ ~
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_,-_,
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~8" 22.5
OANTENNA
1 I ''
\ REMOVE EX. 90' BENDS &
CpNNECT TO EXISRNC
\ / 8 FLANGED CONNECTIONS
1. __
~ REPLACE GATE VALVES
~ AND CHECK VALVES
I
1
PROPOSED 8" PVC (LINE 'A')
SANITARY SEWER
_~ ~ 0 10' 20'
i '"=10~
rye THIRTY SEVEN INDUSTRIAL PARK RR
os~
LIFT STATION SITE PLAN -EXHIBIT 2 ~A JAN2009
06029-2
engineenngdiving-surveyifg rv No.
N0. OATE REVISIONS
INE. Irc. Eivreenra-p'ninp-SUrvsnm p.O.BOZ 3913, Cdpuz CNisli, ievas 38103 830 BAfob 51.. CorWa CM1nsli, t<vas ]&01 Mone: 36108]8051 Ipv~ 361.80]8655 a-mal' neirve-inc.cwn m.ne-~rc.cwn
EXHIBIT 3
Lift Station Cost Breakdown
ITEM DESCRIPTION UNIT QUAN. UNIT TOTAL
PRICE COST
1 Mobilization LS 1 $5,000.00 $5,000.00
2 Bonds LS 1 $3,250.00 $3,250.00
3 8" Ductile Iron Pi a (8'-10' Cut) LF 60 $35.00 $2,100.00
4 8" - 22.5° Ductile Iron Bend EA 2 $900.00 $1,800.00
5 8" - 90° Ductile Iron Bend EA 2 $900.00 $1,800.00
6 Connection to 8" D.I. pipe in existing EA 2 $1,500.00 $3,000.00
wet well
7 Boring hole through existing fiberglass EA 2 $650.00 $1,300.00
wet well to extend 8" D.I. i ing
8 10" PVC (16'-18' Cut) LF 20 $55.00 $1,100.00
9 Dro Connection at new Wet well EA 1 $1,500.00 $1,500.00
10 Dewaterin LF 20 $75.00 $1,500.00
11 Crushed Stone Embedment LF 20 $6.50 $130.00
12 8" PVC LF 38 $65.00 $2,470.00
13 10' Diameter Fiberglass Wet well LS 1 $52,500.00 $52,500.00
14 14'x14'x18" Concrete slab under wet LS 1 $5,356.00 $5,356.00
well
15 12'x12'x12" Wet well ca LS 1 $3,500.00 $3,500.00
16 4' x 3' Access Cover EA 1 $1,500.00 $1,500.00
8" Vent Pipe with 180° Bend, Stainless
17 Steel Screen, extending 20' into the wet EA 1 $1,000.00 $1,000.00
well with stainless steel mounting
brackets
Demolition of existing Wet well -
18 Removal of all existinghazdwaze LS 1 $10,000.00 $10,000.00
(Floats, guide bars, hangars, vent pipe,
etc.)
19 New guide bars LS 1 $7,500.00 $7,500.00
20 New Liquid Level Float Sensors LS 1 $1,500.00 $1,500.00
21 New Wet well hardware (Hangar, LS 1 $2,500.00 $2,500.00
Liftin chains, etc.)
22 Removal and Reinstallation of existing LS 1 $1,000.00 $1,000.00
Fl 3152 submersible um s
EXHIBIT 4
Page 1 of 2
Lift Station Cost Breakdown
ITEM DESCRIPTION UNIT QUAN. UNIT TOTAL
_ PRICE COST
23 Disconnect Electrical Control Panel
from the existing wet well, extend
electrical power through underground
conduit to the new wet well ,and
reconnect at the new wet well
LS
1
$6,500.00
$6,500.00
24 Disconnect SCADA from the existing
wet well, extend cables through
underground conduit to the new wet
well, and reconnect at the new wet well
LS
1
$5,000.00
$5,000.00
25 Replace 8" Gate Valve in existing valve
vault EA 2 $3,000.00 $6,000.00
26 Replace 8" Check Valve in existing
valve vault EA 2 $3,000.00 $6,000.00
27 Tem or Wastewater Bypass LS 1 $15,000.00 $15,000.00
28 Removal of 4' Chain-Link Fence LF 56 $10.00 $560.00
29 Reinstallation of 4' Chain-Link Fence LF 56 $20.00 $1,120.00
i
~~ S~ 151,486.00
10% Allowance for Unsalvageable Items $15,148.60
__ ~_ ~ 10% Contingency $15,148.60
_ 10%
g g
l $15,148.60
_
~~ '
Backfill Testing
$90.00
Topographic Survey ', _ $1,000.00
Construction Staking ', $1,000.00
- - -
_ ota
-..___ _ -
Less Lot Acre g $199,021.80
a e Fee Credit) ($78,008.58)
Reimbursement Amount :' $121,013.22
EXHIBIT 4
Page 2 of 2
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
Ciry 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." See reverse side for definitions.
FIRM NAME: CNM 37. L.L.C.
STREET: 6000 S. Staples St. Suite 205 CITY: _ Corous Christi ZIP: 78413
FIRM IS: 1. Corporation ( X) 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 Ciry of Corpus Christi having an "ownership interest" constituting 3% or
more of the ownership in the above named "firm."
Name Job Title and Ciry Department (if known)
2. State the names of each "official" of the City of Corpus Christi having an 'ownership interesP' constituting 3% or
more of the ownership in the above named "firm."
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
N/A
4. State the names of each employee or officer of a "consultant" for the City of Corpus Chrisli 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."
Consultant
N/A
CERTIFICATE
I 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 Ciry of Corpus Christi, Texas as changes occur.
Certifying Person: Burris McBee Title: Member
(Type of Pnnt] _ ,
Signature of Certifying Person: U/I/Vl ~"~ Date: ____<Cr"'~'`
0
EXHIBIT
DEFINITIONS
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 or part-time basis, but not
as an independent contractor.
c. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether
established to produce or deal with a product or service, including but not limited to, entities operated in the form
of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture,
receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations.
d. "Official." 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 Corpus Christi, Texas.
e. "Ownership interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when
such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or
control established through voting trusts, proxies, or special terms of venture or partnership agreements."
f. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the
purpose of professional consultation and recommendation.
EXHIBIT