HomeMy WebLinkAboutC2009-126 - 3/31/2009 - ApprovedCONSTRUCTION AND REIMBURSEMENT AGREEMENT
Tortuga Dunes/Zahn Road/Packery Channel Development Area
Wastewater Lift Station and Force Main Improvements
THE STATE OF TEXAS
COUNTY OF NUECES
This Construction and Reimbursement Agreement ("Agreement") is entered into
between the Ciry of Corpus Christi ("City"), a Texas home-rule municipal corporation,
P.O. Box 9277, Corpus Christi, Texas, 78469-9277, and Forestar (USA) Real Estate
Group Inc., a Delaware corporation duly authorized to do business in Texas
("Developer'), whose headquarters is located at 6300 Bee Caves Road, Building Two,
Suite 500, Austin, Texas 78746.
WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat to
develop a tract of land of approximately 33.53 acres called The Preserve at Mustang
Island, Unit 1, along Zahn Road, as shown in the attached EXHIBIT 1;
WHEREAS, the Ciry's Whitecap WWTP Service Area Master Plan requires the
construction of a lift station and dual force mains in order for the Packery Channel
Development Area and The Preserve at Mustang Island, Unit 1, and adjacent areas in
Whitecap WWTP Service Area 11 to have sanitary sewer service;
WHEREAS, the provision of central wastewater service and additional area
infrastructure improvements are necessary to timely advance the joint development
goals of the Packery Channel Development Area, as intended by the Ciry and the
General Land Office of the State of Texas, and as enumerated in the Padre Island
Action Plan;
WHEREAS, the lift station and dual force mains are not in place at this time, but these
improvements are included in the City's Wastewater Treatment Plant Master Plan for
the Whitecap WWTP Service Area, to provide City wastewater service to Service Areas
11 and 12;
WHEREAS, under the Platting Ordinance, the Developer is responsible for construction
of the lift station and dual force mains;
WHEREAS, under the Platting Ordinance, the Developer is eligible for full
reimbursement of the Developer's costs incurred for the construction of the lift station
and dual force mains on behalf of the City;
WHEREAS, it is essential that the lift station and dual force mains be constructed in
connection with The Preserve at Mustang Island, Unit 1, development for service to be
provided upon completion of The Preserve at Mustang Island, Unit 1; and
WHEREAS, it is to the best interest of the City and the Developer for the Zahn Road Lift
2009-126 rains be constructed in accordance with the City of Corpus
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M2009-078
Forestar (USA) Real Estate Group oad LS FM rjr-bcr 03022009 (2).doc
Christi Ordinances as specified in the Wastewater Treatment Plant Master Plan for the
Whitecap WWTP Service Area and within the Zahn Road Lift Station and Force Main
Design Memorandum;
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 Zahn Road Lift Station and Dual Force Mains under
the Design Memorandum as required for the Packery Channel Development Area, the
Preserve at Mustang Island and for additional adjacent property in Service Areas 11
and 12, in compliance with the City's Platting Ordinance and under the plans and
specifications approved by Development Services Engineer.
2. PLANS AND SPECIFICATIONS
a. The Developer has contracted with a professional engineer, Naismith Engineering,
Inc., who were acceptable to the Ciry's Development Services Engineer, which firm has
prepared and obtained the January 22, 2008 approval of the City's Development
Services Engineer for the Zahn Road Lift Station and Force Main Design Memorandum;
which firm has also prepared detailed plans and specifications for the Zahn Road Lift
Station and Force Mains, with the following basic design parameters:
(1) LIFT STATION:
(a) Lift station structure designed for ultimate capacity of 0.6 MGD.
(b) Pump installation and design will be based on the following phasing
with Developer installing Phase 1 as part of this Agreement:
(i) Phase 1 initial design Q = 121 GPM.
(ii) Phase 2 add force main capacity Q=277 GPM
(iii) Phase 3 add Svc. Area 12 flows Q=418 GPM or 0.6GPD.
(2) DUAL SANITARY SEWER TRUNK FORCE MAINS:
(a) Install 7,124 feet of 4" PVC and 1,400 feet of 4"HDPE sanitary sewer
force main line and appurtenances.
(b) Install 7,124 feet of 6" PVC and 1,400 feet of 6" HDPE sanitary sewer
force main line and appurtenances.
(c) At the Packery Channel crossing, install four (4) additional pipes in the
existing channel crossing sleeve, each 1,400 feet long, three (3) of 8"
HDPE, and one (1) of 2" HDPE, and appurtenances.
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(d) The force mains described in subparagraphs (a), (b), and (c) of this
paragraph will begin at the Zahn Road Lift station and end at an existing
wastewater manhole located at a point across South Padre Island Drive
(Park Road 22) designated by the City, where they will terminate at an
existing manhole. The size of the force mains were dictated by the design
as approved by the City of Corpus Christi.
b. The plans and specifications for the lift station and dual force mains are those
prepared by Naismith Engineering, Inc., under Job No. 7818, dated and sealed on June
5, 2008.
3. SITE IMPROVEMENTS. Prior to construction of the lift station and dual force mains,
Developer shall acquire from General Land Office (for the Permanent School fund) the
two sewer easements and from a private landowner one sewer easement to permit the
dual force mains to be connected across Packery channel to the City of Corpus Christi
Whitecap sewage collection system at a manhole located at a point adjacent to South
Padre Island Drive (Park Road 22) as identified and directed by City of Corpus Christi.
These easements will be granted to the City of Corpus Christi or upon City acceptance
of improvements dedicated to the City of Corpus Christi, as instructed by the City.
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, if any.
5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer has taken
bids for the work under the requirements of the City of Corpus Christi, and shall award a
contract and complete the lift station and force mains, under the approved plans and
specifications, no later than 270 working days after the date of approval of this
Agreement by the City of Corpus Christi (subject to extension for force majeure delays).
6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this
agreement.
7. DEFAULT.
a. The following events constitute default:
1. Developer fails to award a contract for the construction of the project, under
the approved plans and specifications, by the 30th calendar day after the date of
approval of this Construction and Reimbursement Agreement by City Council.
2. Developers contractor does not reasonably pursue construction of the project
under the signed bid documents accompanying the approved plans and
specifications.
3. Developer's contractor fails to complete construction of the project, according
to the approved plans and specifications, on or before 240 work days after
receiving notice to proceed (subject to extension for force majeure delays).
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b. In the event of default, the City has all its common law remedies in addition to the
following:
1. Cancellation of this reimbursement agreement after notice and opportunity to
cure as provided herein.
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 with the contractor for the construction of the
project must 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 must
comply with Texas Government Code, Chapter 2253, and must be in the form and
substance as attached to this agreement. The performance and payment bond must
name Developer and City as joint obligees.
10. 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:
Forestar (USA) Real Estate Group Inc.
6300 Bee Caves Road, Building Two, Suite 500
Austin, Texas 78746
Attn: Wayne McDonald, Senior Vice President
With copy to:
Forestar (USA) Real Estate Group Inc.
6300 Bee Caves Road, Building Two, Suite 500
Austin, Texas 78746
Attn: General Counsel
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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
shall give written notice to Developer, at the address stated above, of the need to
perform the obligation or duty, and should Developer commence to perform the
obligation or duty within 25 days after receipt of such notice, and continue such
performance with diligence, then no event of default shall be deemed to have occurred
c. But if Developer should fail to perform or commence to perform the required
obligation or duty within 25 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.
d. In the alternative, in the event of Developer's failure to cure or commence to cure
any such breach within 25 days after receipt by Developer of a second notice in writing
from City of the need to perform the obligation or duty, the City may terminate this
agreement.
e. If City has performed an obligation or duty of Developer, then Developer shall pay to
City the cost of such performance within 30 days from the date Developer receives
written notice and substantiation of the cost to City of such performance.
f. 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.
g. The provision for notice and cure contained in this agreement do not apply to a
default under Section 7(a) of this agreement.
h. The dates for completion of the lift station and dual force mains may be extended for
each day that completion is delayed by inability to obtain labor or materials, weather
making the work impracticable, acts of God, or other forces beyond the control of
Developer (but not financial inability). These causes of delays are called "force
majeure".
11. WARRANTY. Developer shall have contractor execute a warranty of the
workmanship of the lift station and dual force mains for a period of one year from and
after the date of acceptance of the facilities by the Development Services Engineer.
The warranty must be assigned and transferred to the City upon completion of this
project.
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Trust Fund ReimbAgnnent -Zahn Road LS FM rjr-bcr 03022009 (2).doc
12. REIMBURSEMENT
a. Subject to availability of funds in the Sanitary Sewer Trunk System Trust Fund, and
the appropriation of the funds by the City Council, the Ciry will reimburse the Developer
100% of the cost of the lift station and dual force mains, including in the calculation of
such cost, but not limited to the following items: The payments to a contractor for the
construction and installation of the lift station and dual force mains, costs of permits and
inspection fees, costs of design and construction inspection, costs of easements from
General Land Office and private parties, and the costs of environmental permitting, but
not including the costs of mitigation of impacts. The costs to be reimbursed are those
described on "Project Costs -Exhibit B" prepared by Naismith Engineering, Inc., and
attached hereto. The City will, contingent on collection of sewer acreage and lot fees,
continue to deposit funds into the Sanitary Sewer Trunk System Trust Fund consistently
with past practices.
b. If funds are available and appropriated during the construction of the lift station and
dual force mains, the City agrees to reimburse the Developer on a monthly basis and
upon invoicing for work performed. Reimbursement of eligible costs will be made by the
later of within 15 days from the date of invoice or 15 days from funds becoming
available and appropriated.
c. To be eligible for reimbursement, the work completed to date must comply with the
approved plans and specifications, and have been inspected and are acceptable by the
City, which inspection and acceptance will not be unreasonably delayed, withheld or
conditioned.
d. If funds are not available or appropriated until after the work has been completed,
the City will reimburse the Developer when the funds are available and appropriated in
the Sanitary Sewer Trunk System Trust Fund. The order of reimbursement of un-
reimbursed developers will be determined according to the dates the sanitary sewer
trunk system construction and reimbursement agreements are approved by the City
Council. Only two projects, being Bahia Vista Subdivision Unit I and 37 Industrial Park,
are currently beneficiaries of dates of reimbursement agreements approved by City
Council which are earlier than the lift station and dual force mains which are the subject
of this agreement.
13. 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 fo this lift station and dual force main construction.
14. DISCLOSURE OF OWNERSHIP INTEREST. Developer further agrees, in
compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of
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Trust Fund ReimbAgnnent -Zahn Road LS FM rjr-bcr 03022009 (2).doc
this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit
,~C„
15. AGREEMENT 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. ~ Q
EXECUTED IN DUPLICATE originals, this -~~day of (:~l_ , 2009.
ATTEST:
THE CITY OF CORPUS CHRISTI
i
By: ~ Ia.ce~~
Armando Chapa g R. Escobar
City Secretary ity Manager
APPROVED AS TO FORM: ..3 day of /~i~z ~i , 2009
By: /~
R. J Red' ing
Fir Assistant Cit Attorney
THE STATE OF TEXAS
COUNTY OF NUECES
M~.y.-,,,I, a ~ $. AUTHORIZEt~
sr coulrca _ 3 3 .~.,...
,._._..........s~caE~ ~~
This instrument was acknowledged before me on , 2009, by
'Angel R. Escobar, City Manager, City of Corpus Christ , Texas, a Texas home-rule
municipal corporation, on behalf of the corporation.
Irwl,L~,, l~o~--
Notary Pu c, State o exas
FpLLYMOUf#ROIJ
t MYCOAMISSpN DD'MES
BepMniber24, 2012
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Trust Fund ReimbAgnnent -Zahn Road LS FM rjr-bcr 03022009 (2).doc
DEVELOPER:
FORESTAR (USA) REA
By:
[NAM ]
(TITLE]
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on ~,(n ~ °I~` , 2009, by
Wa ~ cl ,Senior Vice President of Forestay (USA) Real Estate Group Inc., a
De ware corporation on behalf of the corporation
Notary Public, State of Texas
,.•~o~~°.e4e~,.," SOPHIA A. WILCOX
±'~ `~ `
~
~ Notary Public, Slate of Texas
~~
~
`
'
;
`~ MY Commisspn Fxpirea
'-" y<<Et
•
• MARCH 20, 2010
Page 8 of 8
ESTATE GROUP INC.
Trust Fund ReimbAgrtnent -Zahn Road LS FM ryr-bcr 03022009 (2).doc
Project Costs -Exhibit B
Naismith
Enylneerlnplne
9501 G01116ar Roatl,
CaNUS CDNatl. r]()5411
361-5149900 Faz 361-819-0401
Title: Zahn Road Lift Station & Force Main
NEI a: 7818
Date Award: September 2, 2008
Original Contract Amount: $2,457,890.25
Total Change Order Amount: $0.00
Adjusted Contract Amount: $2,457,590.25
NE[ Engineer: Craig B. Thompson, P.E.
NEI Contact: Thomas Tiffm
Date Contract Commenced:
Original Contract Days: 240 Working Days
Change io Contract Days: 0 Working Days
Adjusted Contract Days: 240 Working Days
Date:
Inspected By:
Owner: The Preserve at Mustang Island, L.L.C.
Contact: Barrett Allison
1300 S. Mopac Expressway
Address: Austin, Texas 78746
Phone: (512) 422 - 2209
Contractor: Big State Excavation
Contact: Gary Meurer
PO Box 260297
Address: Corpus Christi, Texas 78410
Phone: (361) 537 - 5013
A. AMOUNT OF ORIGINAL CONTRACT ITEMS COMPLETED TO DATE:
ift Station
ITEM ryO. DESCRIr[IOry QUANTITY URIT ODAryTTrY
COMPLETE CONTMCI UNIT
PRICE TOTAL COST
1 Stabilized Construction Entrance & Exit 1 EA 1 $2 000.00 $2 000.0
2 Reinforced Filter Fabric Fence 333 LF 333 $2.00 $666.0
3 Ha Bales 1 LS 1 $1,000.00 $1,000.0
4 Site Cleazin and Stripping 0.32 AC 0.32 $3,000.00 $960.0
5 Site Grading 1 LS 1 $3,000.00 $3,000.0
6 Lift Station and A purtenances 1 LS 1 $580,000.00 $580,000.0
7 Dewatering /Well Pointing for Lift Station and
A urtenances Installation 1 LS 1 $50,000.00 $50,000.0
8 Odor Control 1 LS 1 $140,000.00 $140,000.0
9 8" Gravity Sanitary Sewer 110 LF 110 $140.00 $15,400.0
10 8" End Plu 2 EA 2 $100.00 $200.0
11 12" Gravi Sanitary Sewer 70 LF 70 $160.00 $11,200.0
12 Sanitary Sewer Fiberglass Manhole 5' Diameter
19' - 2 ]' De th 1 EA 1 $20,000.00 $20,000.0
13 Tie to Public Sanitary Sewer Manhole Stub Out 1 LS 1 $2,500.00 $2,500.0
14 Dewatering /Well Pointing for Sanitary Sewer
Gravi Line Installation
1
LS
1
$1,000.00
$1,000.0
15 Trench Safety 200 LF 200 $15.00 $3,000.0
16 PVC Pressure Pipe - 4" 130 LF 130 $20.00 $2,600.0
17 Dual Water Service Connection 1 EA 1 $2,500.00 $2,500.0
18 Connection to Existin 8" Water Pie 1 LS 1 $2,500.00 $2,500.0
19 Crushed Limestone on Landsca a Fabric - 6" 1 LS 1 $10,000.00 $10,000.0
20 Reinforced Concrete Pavement - 5" 208 SY 208 $130.00 $27,040.0
21 HMAC Pavement Re au• for Street Im rovements 7 SY 7 $275.00 $1,925.0
22 Cantilever Gate with Cazd Reader t LS I $32,000.00 $32,000.0
23 Concrete Masonry Wall with Footing 197 LF 197 $500.00 $98,500.0
24 SCADA RTU Panel for Two Pump Lift Station w/
Flow by Rabalais Instrument & Electrical
1
LS
1
$35,000.00
$35,000.0
trncto
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Title: Zahn Road Lift SCation & Force Main
1vE[ n: 7818
Force Main
ITEM NO. DESCRIPTION QUANTITY UNIT QUANTITY
COMPLETE CONTMCT UNIT
PRICE MTALCOSr
25 Reinforced Filter Fabric Fence 4,605 LF 4,605 $2.00 $9,210.0
26 Straw Bale Fence (Force Main) 1 LS 1 $200.00 $200.0
27 4" PVC AWWA C900-DR18-150 si Force Main 7,124 LF 7,124 $18.00 $128,232.0
28 4" HDPE - 150 si Force Main 1,400 LF (,400 $5.00 $7 000.0
29 4" PVC AWWA C907 Class150 Fittings 13 EA 13 $400.00 $5,200.0
30 4" Air Release Valve 3 EA 3 $4,000.00 $12,000.0
3] 6" PVC AWWA C900-DR18-150 si Force Main 7,124 LF 7,124 $21.00 $149,604.0
32 6" HDPE - 150psi Force Main 1 400 LF 1,400 $9.00 $12,600.0
33 6" PVC AWWA C907 Class150 Fittings 13 EA 13 $450.00 $5 850.0
34 6" Air Release Valve 3 EA 3 $4,000.00 $12,000.0
35 Packe Channel Casing Connection 2 EA 2 $5,000.00 $10,000.0
36 8" HDPE - 150psi Pie "A" 1,400 LF 1,400 $16.00 $22,400.0
37 8" HDPE - 150 si Pipe "B" 1,400 LF 1,400 $16.00 $22,400.0
38 2" HDPE - 150psi Pipe "D" 1,400 LF 1,400 $2.00 $2,800.0
39 Packe Channel Bundling 1 LS 1 $200,000.00 $200,000.0
40 HMAC Pavement Re air for Street Im rovements 69 SY 69 $100.00 $6,900.0
41 Driveway Repair for Force Main 66 SY 66 $140.00 $9,240.0
42 Force Main Mazkers 27 EA 27 $150.00 $4,050.0
43 Connection to Existing Manhole 1 LS 1 $2,700.00 $2,700.0
44 Anti-Flotation Devices 1 LS ] $800.00 $800.0
41 Dewatering /Well Pointing for Force Main
Installation 1 LS 1 $500.00 $500.0
asement Acquisition
ITEM NO. DESCRIPTION QUANTITY UNIT QUANTITY
COMPLETE CONTRACr UNIT
PRICE TOTAL COST
42 Texas General Land Office -Lift Station ] LS 1 $105,050.00 $105,050.0
43 Texas General Land Office -Force Main 1 LS 1 $125,050.00 $125,050.0
44 Private Landowner -Force Main 1 LS 1 $150,000.00 $150,000.0
iscellaneous
ITEM NO, DESCRITION QUANTITY UNIT QUANTITY
COMPLETE CONTRACT UNIT
PRICE TOTALCOST
45 AEP Electrical Requvements 1 LS 1 $50,000.00 $50,000.0
rofessional Services
REM NO.
DESCRRTfON
QUANTITY
UNIT QUANTITY
COMPLETE CONTRACT UNIT
PRICE
TOTAL COST
46 Engineering(7.5%ofConsrrDCtianCosr) 1 LS 100% $125,000.78 $125,000.7
47 Too a hic Surve (2.0% o construction cost) 1 LS 100% $33,333.54 $33,333.5
48 Construction Administration 1 LS 100% $16,666.77 $16,666.7
49 Tes[in (Geotechnical) 1 LS 100% $16,666.77 $16,666.7
50 Storm Water Pollution Prevention Plan (swPPP) 1 LS 100% $7,500.00 $7,500.0
51 Traffic Control Plan (TCP) 1 LS 100% $5,000.00 $5,000.0
52 Co s of En ineers Permit 1 EA 1 $8 000.00 $8,000.0
53 Beachfront Construction Certificate 1 EA 1 $4,000.00 $4,000.0
54 TxDOT - Uili Permit 2 EA 2 $3,000.00 $6,000.0
55 Easement Ac uisition Administration I LS 100% $11,403.00 $11,403.0
55
56 ROW Surve in ,Parcel Descri [ions, & Ma s
Pro'ect Contin enc I
5% LS 100%
100% $10,500.00
$117 042.39 $10,500.0
117 042.3
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