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HomeMy WebLinkAboutC2009-456 - 11/10/2009 - ApprovedZAHN ROAD CONSTRUCTION AGREEMENT STATE OF TEXAS COUNTY OF NUECES This Zahn Road Construction Agreement (Agreement) is made and entered into by and between the City of Corpus Christi, Texas ("City"), a Texas home rule municipality, and The Preserve at Mustang Island, LLC, a Delaware limited liability company, managed by Forestay (USA) Real Estate Group, Inc. ("Forestay"), its managing member, collectively referred to in this Agreement as the "Parties," upon the premises and for the purposes set out in this Agreement, and is effective as stated in this Agreement. INTRODUCTION The City Council of the Corpus Christi adopted on November 14, 2000, Ordinance 024270 establishing Reinvestment Zone Number Two, a .Board of Directors for the Zone, a tax increment base, and a tax increment fund to promote local economic development and to stimulate business and commercial activity in the City. The City Council of Corpus Christi adopted The Mustang-Padre Island Area Development Plan on April 20, 2004 and called for the formation of The Island Action Group to identify and recommend the highest priority projects for improvement of the Island. The Island Action Group of the City of Corpus Christi identified Packery Channel area recreational improvements as a key project that more than any other has the .potential to "drive" future development.of the Island. The Island Action Group identified a number of general and specific improvements necessary to the advancement of the Mustang- Padre Island Area Development Plan, including reducing traffic congestion, roads, improved beach access, landscaping, additional infrastructure, and the next phase of capital improvements to the Packery Channel Development Area. The City of Corpus Christi is constructing improvements to the Packery Channel Development Area that includes parking and interior roadways. Future improvements include bathroom facilities, a pavilion, and offices. Forestay is developing the Tortuga Dunes subdivision, a 44-acre residential and commercial development within Reinvestment Zone Number Two that is adjacent to the Packery Channel Development Area. In addition to the subdivision improvements, Forestay is sponsoring the extension of the City's water and wastewater infrastructure to this previously un-served area including the Packery Channel Development Area. This will provide capacity for both the ultimate build-out of the Tortuga Dunes and for the current and future improvements in the surrounding areas, being those that are identified in the City Wastewater Master Plan as Whitecap WWTP Service areas 11 and 12 on both sides of Packery Channel Development Area. WHEREAS, the development of the Packery Channel recreational area and Tortuga Dunes subdivision coupled with the draw to the Gulf Beach on the north side of Packery Channel is creating traffic congestion and access issues on Zahn Road and SH 361, 2009-456 M2009-318 Page 1 of 13 11/10/09 I'11C PI'eSePVC ~ MUStallg ISISIICI :EMENT -- rjr 10272009 (2).doc particularly during Spring Breaks, holidays, and also on weekends during the spring and summer months. WHEREAS, the City desires to make improvements to Zahn Road to improve access, increase traffic capacity, and beautify Zahn Road, to facilitate the approved master plan for the Packery Channel Development Area, as depicted by Sheets 1-6, Attachment No. 2, Packery Channel Public & Environmental Facilities, dated November 7, 2001. WHEREAS, Forestar has proposed a concept for the re-construction, including the widening of Zahn Road, desires to contribute to the project funding for the construction of these improvements, and wishes to accomplish the proposed improvements to Zahn Road on an expedited schedule, there is a need to raise the priority for funding, planning,. and constructing these road improvement and implement this public works project. WHEREAS, the completion of the re-construction of Zahn Road is a public works project and a key .piece of the plan envisioned and needed to make the Packery Channel Development Area the "Crown Jewel" for island tourism it was intended to be, and facilitates future Packery Channel recreational and commercial area development. NOW, THEREFORE, for the mutual assurances set forth herein and good and valuable consideration, the receipt and sufficiency of which are mutually acknowledged, the Parties agree as follows: 1. IMPROVEMENTS. Forestar and the City agree that the following public. infrastructure improvements will be constructed: 1.1. Roadway & Drainage. The limits of the Roadway and Drainage improvements to Zahn Road are from SH 361 to a point just west of the 1,000 feet Dune Protection line as determined by David. L Nesbitt, LSLS Survey, June 26, 2006. The proposed pavement layout is shown on Exhibit A. Typical cross-section diagrams of the proposed pavement .are shown on Exhibit B. ~~ 1.2. Existing Utilities. The Existing Utilities: 8 water lines, water line fittings, fire hydrants and fittings, dual 24" -storm sewer at SH 361, triple 42" storm sewer near the middle of Zahn Road, 6" gas line by the City of Corpus Christi Gas Department, 4" Sanitary Sewer Force Main, 6" Sanitary Sewer Force Main, Sanitary Sewer manholes, 8" Sanitary Sewer gravity line, 12" Sanitary Sewer gravity line, and American Electric Power -Texas electrical distribution system, will remain located in the present location. 1.3. Proposed Utilities. The Proposed Utilities: 8" Sanitary Sewer gravity line, 10" Sanitary Sewer gravity line, 12" Sanitary Sewer gravity line, Sanitary Sewer Manholes, Sanitary Sewer gravity appurtenances, 8" water line extensions to the Packery Channel Development Area, water system appurtenances, American Electric Power -Texas electrical distribution system, are allowed beneath the future pavement as shown on Exhibit C. Page 2 of 13 ZAHN ROAD CONSTRUCTION AGREEMENT -- rjr 10272009 (2).doc 1.4. Utility Adjustment. The adjustment of the current location of the 4" Sanitary Sewer Force Main, 6" Sanitary Sewer Force Main, and manhole for appurtenances related to the force mains near SH 361 to a point approximately 1,000 feet east to place it with other existing and future utilities, as shown in Exhibit D. 1.5. Landscaping. The landscaping along Zahn Road is encouraged, especially areas of medians and entrances onto Zahn Road from SH 361, Packery Channel Development Area, Commercial areas, and Residential areas. 1.6. Project Costs. The estimated project costs, including design services and other soft costs are shown on Exhibit E. 1.7. If the proposed Right-of-Way for the Zahn Road Improvements requires the replatting of the existing land, the- costs associated with the replatting will be borne by the City of Corpus Christi and the processing of the documents will be expedited. 1.8. The improvements generally described in this Section 1 "Improvements" and as supplemented, added to, or subtracted from by agreement of the parties, are called the "Zahn Road Improvements" in this Agreement. 2. FUNDING. 2.1. Forestar and the City will both contribute to the funding of the project according to the terms of this Agreement. 2.2. Forestar agrees to contribute in cash: the cost of the "Estimated Roadway, Utility Misc. Improvements" described on pages 3 and 4 of Exhibit "E" attached to this Agreement, The City shall contribute the costs of the "Zahn Road -Roadway Improvements" as defined on pages 1 and 2 of .Exhibit "E" to this Agreement, and the costs of the "Zahn Road -Utility Improvements (trust fund reimbursement)" as shown on page 2 of Exhibit "E" to this Agreement. In the event that the bidding and approval process described in Section 6.1 of this Agreement results in a cost of the Zahn Road Improvements being less than the projected $2,172,332.48 then the difference between the projected amount of $2,172,332.48 and the bid cost shall be calculated and the savings shall be allocated 62% to City and 38% to Forestar and their respective obligations under this paragraph shall be reduced by such amounts. 2.2 The contributions of City and Forestar toward the costs of the Zahn Road Improvements shall be funded as follows: 2.2.1. Forestar's engineers shall review, and if proper approve each draw request from the contractor(s), subject to review and approval by the City's inspectors, which inspection shall be conducted promptly after notice to City of receipt of a draw request and approval of which shall not be unreasonably delayed or withheld. The engineers shall also allocate to the correct line item shown on Exhibit "E" the billing for progress on each item. Page 3 of 13 ZAHN ROAD CONSTRUCTION AGREEMENT -- rjr 10272009 (2).doc 2.2.2. Forestar shall initially pay and the City shall reimburse to Forestar the part of each draw request so allocated to the Zahn Road -Roadway Improvements and the Zahn Road -Utility Improvements (trust fund reimbursement) categories, and Forestar shall pay the part of each draw request so allocated to the categories for which it is to pay as set out in section 2.2 above. Each party shall make its payments as provided in this section 2.2.2 as promptly as reasonably possible but not later than 60 days after the draw request approved by the engineer and allocated as set out above is delivered to the party to make payment. 2.2.3. The City warrants that there is in its No. 3546 Street 2009 CIP Fund sufficient money"to pay the amount anticipated for the Zahn Road-Roadway Improvements costs and the City agrees not to make other commitments for such fund or payments from such fund which would result in the fund not having sufficient funds to pay on a monthly basis the costs allocated to the Zahn Road-Roadway Improvements. The City warrants that there is in its No. 4220 Sanitary Sewer Collection Line Trust Fund the amount of at least $297.583.12 and the City agrees to reimburse Forestar for the balance due for the Zahn Road -Utility Improvements (trust fund reimbursement) as additional funds become available in the Trust Fund, and the City will not to make payments from or make other commitments for payments from the Fund until funds have been encumbered in the Fund to ensure that Forestar has been reimbursed for the Zahn Road -Utility Improvements. 2.2.4. This Agreement constitutes the approval by the City of the use of funds in the No. 4220 Sanitary Sewer Collection Line Trust Fund and the No. 3546 Street 2009 CIP Fund as described above, and no further application for approval of such funds or processing of any application is required in order for the City to pay costs of Zahn Road Improvements from such funds as provided herein. 3. PROJECT ADMINISTRATION. Forestar shall administer the project, on behalf of the City, undertaking planning, design, bidding and construction. Project construction, inspections, approval, and acceptance will be done through normal City processes. Forestar shall begin this process within 30 days of approval of this Agreement. City shall provide expedited coordination, reviews, comments, and approval process during planning and design of its infrastructure project. 4. CONSTRUCTION OF THE IMPROVEMENTS. 4.1 Construction may not begin until the City has reviewed and approved the plans for construction of the Improvements and both Forestar and City have agreed on the appropriate contractor and the reasonable contract price for the Zahn Road Improvements. The intermediate closure of Zahn Road between SH 361 and the Public Beach to facilitate the construction of the Zahn Road Improvements shall be done in a timely manner during the periods of the Tuesday after Labor Day to the Wednesday before the Educational Spring Break in March and from the Monday after the Educational Spring Break in March to the Thursday before Memorial Day. Access to the Packery Channel Development Area Boat Ramp area shall be allowed from Friday thru Sunday and whenever feasible from Monday thru Thursday. Days on which the Page 4 of 13 ZAHN ROAD CONSTRUCTION AGREEMENT -- rjr 10272009 (2).doc contractor may not close Zahn Road to construct or install the Zahn Road Improvements due to the provisions of this section shall not be counted as "working days" in determining Forestar's compliance with the provisions of this Agreement. 4.2 This Agreement authorizes Forestar to design and install landscaping and irrigation improvements within and along the right of way of Zahn Road (including the medians and entrances) at its expense, and .such expense is not a part of the expenses of the project which are to be shared as provided for in this Agreement. Prior to installing any such landscaping or irrigation improvements, Forestar shall submit plans therefore to the City which shall review such plans. City shall not unreasonably withhold or delay approval of such plans. Upon approval of such plans by City, Forestar may install the improvements so approved. Maintenance of landscaped areas is the responsibility of the owner or licensee of the areas, or their designated representatives. Forestar or its designated representative for the Tortuga Dunes development shall, upon request by City, execute with City an appropriate license (now called a "Use Privilege Agreement") for the use of City right of way for the installation of the landscape and irrigation improvements. 5. TERMS AND CONDITIONS OF THIS AGREEMENT. The following general terms and conditions shall apply to this Agreement: 5.1. Term. The term of this Agreement will commence on the Effective Date (as defined below) and continue until completion of the objectives of this Agreement, unless terminated on an earlier date under other provisions of this Agreement or by written agreement of the City and Forestar, as provided for in Section 5.2 below. The Effective Date of this Agreement will be the date of full execution by the Parties. This Agreement will be binding upon and inure to the benefit of the Parties and their respective successors and assigns. 5.2. Amendment by Agreement. This Agreement may be amended at any time by mutual written consent of the City and Forestar, or its successors or permitted assigns. 5.3. Assignment. This Agreement and the rights of Forestar may be assigned to any subsequent owner of the project known as "Preserve at Mustang Island, Units 1 and 2 or more commonly as "Tortuga Dunes", subject to the prior written consent of the City, which consent will not be unreasonably withheld, delayed, or conditioned. Any assignment will be in writing, will specifically set forth the assigned rights and obligations, and will be executed by the proposed assignee. 5.4. Cooperation. The Parties will cooperate with each other as reasonable and necessary to carry out the intent of this Agreement, including but not limited to the execution of further documents as may be reasonably required. 5.5. Notice. 5.5.1. Any notice given under this Agreement must be in writing and may be given: (i) by depositing it in the United States mail, certified, with return receipt requested, addressed to the party to be notified and with all charges prepaid; (ii) by depositing it Page 5 of 13 ZAHN ROAD CONSTRUCTION AGREEMENT -- rjr 10272009 (2).doc « ~~ with Federal Express or another service guaranteeing next day delivery ,addressed to the party to be notified and with all charges prepaid; (iii) by personally delivering it to the party, or any agent of the party listed in this Agreement; or (iv) by facsimile with confirming copy sent by one of the other described methods of notice set forth. Notice by United States mail will be effective on the earlier of the date of receipt or three (3) days after the date of mailing. Notice given in any other manner will be effective only when received. 5.5.2. For purposes of notice, the addresses of the Parties will, until changed as provided below, be as follows: City: City of Corpus Christi Attn: City Manager 1201 Leopard Street PO Box 9277 Corpus Christi TX 78469-9277 (361) 826-3220 With Required Copy to City of Corpus Christi Attn: City Attorney 1201 Leopard Street PO Box 9277 Corpus Christi TX 78469-9277 (361) 826-3360 Forestar: The Preserve at Mustang Island, LLC c/o Forestar (USA) Real Estate Group, LLC Attention: Darlene Louk 1300 S. MoPac Expressway Austin, Texas 78746 (512) 433-5235 With Required Copy to: Forestar (USA) Real Estate Group, LLC Brian Rider, Senior Counsel 6300 Bee Cave Road, Building Two, Suite 500 Austin, Texas 78746 (512} 433-5248 5.5.3. The Parties may change their respective addresses to any other address within the United States of America by giving at least five (5) days' written notice to the other party. Forestar may, by giving at least five (5) days' written notice to the City, designate .additional parties to receive copies of notices under this Agreement. 5.6. Severability; Waiver. If any provision of this Agreement is illegal, invalid, or unenforceable, under .present or future laws, it is the intention of the Parties that the remainder of this Agreement not be affected, and, in lieu of each illegal, invalid, or Page 6 of 13 ZAHN ROAD CONSTRUCTION AGREEMENT -- rjr 10272009 (2).doc unenforceable provision, that a provision be added to this Agreement, which is legal, valid, and enforceable, and is as similar in terms to the illegal, invalid, or enforceable provision, as is possible. Each of the rights and obligations of the Parties to this Agreement are separate covenants. Any failure by a party to insist upon strict performance by the other party of any provision of this Agreement will not be deemed a waiver of the provision or of any other provision, and the party may at any time thereafter insist upon strict performance of any and all of the provisions of this Agreement. 5.7. Applicable Law and Venue. The laws of the State of Texas, except conflict of laws, govern the interpretation, performance, enforcement and validity of this Agreement. Venue will be in a court of appropriate jurisdiction in Nueces County, Texas. 5.8. Entire Agreement. This Agreement contains the entire agreement of the Parties .and there are no other agreements or promises, oral or written between the Parties regarding the subject matter of this Agreement. This Agreement can be amended only by written agreement signed by the Parties. This Agreement supersedes all other agreements .between the Parties concerning the subject matter hereof. 5.9. Exhibits, Headings, Construction and Counterparts. All schedules and exhibits referred to in or attached to this Agreement are incorporated into and made a part of this Agreement for all purposes. The section headings contained in this Agreement are for convenience only and do not enlarge or limit the scope or meaning of the sections. The Parties acknowledge that each of them have been actively and equally involved in the negotiation of this Agreement. Accordingly, the rule of construction that any ambiguities are to be resolved against the drafting party will not be employed in interpreting this Agreement or any exhibits to this Agreement. This Agreement may be executed in any number of counterparts, each of which will be deemed to be an original, and all of which will together constitute the same instrument. This Agreement becomes effective only when one or more counterparts bear the signatures of all the Parties. 5.10. Authority for Execution. The City certifies, represents, and warrants that the execution of this Agreement is duly authorized and adopted in conformity with .City ordinances. Forestar certifies, represents, and warrants that the execution of this Agreement is duly authorized and adopted in conformity with the articles of incorporation and bylaws. 5.11. Relationship of Parties. In performing this Agreement, both the City and Forestar will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint-venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 5.12. Survival of Terms. All representations, warranties, covenants, and agreements of the Parties, as well as any rights and benefits of the Parties pertaining to the transaction contemplated by this Agreement, will survive the original execution date of this Agreement. Page 7 of 13 ZAHN ROAD CONSTRUCTION AGREEMENT -- rjr 10272009 (2).doc 5.13. Proportionality. Forestar agrees that the public improvements contemplated to be made by or at the expense of Forestar are roughly proportional to the public Improvements under Section 212.904, Texas Local Government Code. 5.14. Conflict with provisions of City ordinances and codes. Should any term or provision of this Development Agreement conflict with any term, provision, rule, or regulation of any City ordinance or code, then to the extent of the conflict only, the terms of this Agreement shall control. In all other respects and applications, the City's ordinances and codes shall apply to this development. 5.15. Other regulatory requirements. Forestar, as its obligation and at its expense, shall comply with all other regulations and regulatory requirements that apply to the project. 6. DEVELOPER DESIGN AND AWARD OF CONTRACT FOR IMPROVEMENTS. TERMINATION FOR LACK OF AGREEMENT. 6.1. Forestar will select an Engineer and Landscape Architects or other professionals appropriately skilled to design the Zahn Road Improvements. Forestar shall submit the plans to the City for its review. Once Forestar and City have reached agreement on the plans for the Zahn Road Improvements, that approval shall be documented and Forestar shall take bids for the work under the requirements of the City of Corpus Christi. Forestar shall, .upon approval of the contractor and the contract amount by both Forestar and the City, award a contract and complete the Zahn Road Improvements, under the approved plans and specifications, no later than 180 working days after the date of approval of the plans and the contractor and construction price by Forestar and the City. of Corpus Christi (subject to extension for force majeure delays). 6.2. In the event that Forestar and the City do not reach agreement on plans and specifications for the Zahn Road Improvements on or before thirty (30) days after the Effective Date hereof, or in the event that Forestar and City do not reach agreement on the identity of the contractor for the work and the contract price on or before sixty (60) days after the Effective Date hereof without regard to how any the failure to agree comes about or which party did not agree, then thereafter until the agreements are reached and documented, if ever, either party may terminate this Agreement by sending written notice of termination to the other, and thereafter, neither party shall have any obligation or liability to the other arising from this Agreement or the effort to design .and construct the Zahn Road Improvements and each party shall absorb its own costs related thereto. 7. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this agreement. 8. DEFAULT. 8.1. The following events constitute default: Page 8 of 13 ZAHN ROAD CONSTRUCTION AGREEMENT -- rjr 10272009 (2).doc 8.1.1. Forestar fails to award a contract for the construction of the Zahn Road Improvements, under the approved plans and specifications and approved contractor and contract price, by the 30th calendar day after the date of approval of the plans and contractor and contract price by the City. 8.1.2. Forestar's contractor does not reasonably pursue construction of the project under the signed bid documents accompanying the approved plans and specifications. 8.1.3. Forestar's contractor fails to complete construction of the project, according to the approved plans and specifications, on or before 300 working days after receiving notice to proceed (subject to extension for force majeure delays). 8.1.4. City fails after notice and opportunity to cure, to perform its obligations under this Agreement. 8.2. In the event of default, either party to this Agreement has all its common law remedies in addition to the following: 8.2.1. Cancellation of this agreement after notice and opportunity to cure as provided herein. 9. THIRD-PARTY .BENEFICIARY. Forestar'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. 10. PERFORMANCE AND PAYMENT BONDS. Forestar shall require its contractor for the construction of the project, before beginning the work, to execute to Forestar and the City a payment .bond .and a performance bond. 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 Forestar and City as joint obligees. 11. NOTICE AND CURE. 11.1. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party at the addresses set out 5.5. above. 11.2. Should either party fail to perform any obligation or duty of this agreement, the other shall give written notice to the defaulting party, at the address stated in 5.5. above, of the need to perform the obligation or duty, and should the defaulting party commence to perform the obligation or duty within 25 days after receipt of the notice, and continue the performance with diligence, then no event of default may be deemed to have occurred. 11.3. But if a party fails to perform or commence to perform the required obligation or duty within 25 days of receipt of the notice, the other party may perform the obligation or Page 9 of 13 ZAHN ROAD CONSTRUCTION AGREEMENT -- rjr 10272009 (2).doc duty, charging the cost of the performance to the defaulting party, which the defaulting party shall pay as set out in 11.4. below. 11.4. In the alternative, in the event of a party's failure to cure or commence to cure any the breach within 25 days after receipt by the defaulting party of a second notice in writing from the other party of the need to perform the obligation or duty, the other party (that is the non-defaulting party) may terminate this agreement. 11.5. If one party has performed an obligation or duty of the other, then the defaulting party shall pay to the other party the cost of the performance within 30 days from the date the defaulting party receives written notice and substantiation of the cost to the non-defaulting party of the performance. 11.6. 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. 11.7. The dates for completion of the Zahn Road Improvements 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 Forestar (but not financial inability). These causes of delays are called "force majeure". 12. WARRANTY. Forestar shall have contractor execute a warranty of the workmanship of the Zahn Road Improvements 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. 13. REIMBURSEMENT 13.1. The City will reimburse to Forestar all of the costs (hard costs and soft costs, but without any development or construction supervision fee to Forestar) of the Zahn Road Improvements, in the categories of Zahn Road -Roadway Improvements and Zahn Road -Utility Improvements as identified on pages 1 and 2 of Exhibit "E" to this Agreement, including in the calculation of the costs, but not limited to the following items: The payments to a contractor for the construction and installation of the Zahn Road Improvements, costs of permits and inspection fees, costs of design and construction inspection, and the costs of environmental permitting.. The costs to be reimbursed are of the kinds described on "Engineers Estimated Project Costs -Exhibit E" prepared by Naismith Engineering, Inc., and attached to this Agreement. 13.2. 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. 14. INDEMNIFICATION. Forestar shall indemnify and hold harmless the City, its agents, officers, and employees (lndemnitees") from all suits, Page 10 of 13 ZAHN ROAD CONSTRUCTION AGREEMENT -- rjr 10272009 (2).doc 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 Zahn Road Improvements 15. DISCLOSURE OF OWNERSHIP INTEREST. Forestar 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 "C". 16. MISCELLANEOUS. City agrees to use its best efforts to expedite the inspection and acceptance of the Zahn Road Lift Station and Force Mainss which are the subject of The Preserve at Mustang Island Development Agreement and Construction and Reimbursement Agreement Tortuga Dunes/Zahn Road/Packery Channel Development Area Wastewater Lift Station and Force Main Improvements between Forestar and the City, as amended. 17. AGREEMENT EFFECTIVE. This agreement becomes effective and is binding upon and shall inure to the benefit of the City and Forestar, and their respective heirs, .successors, and assigns from and after the date of execution. The undersigned Parties have executed this Agreement in duplicate on the dates indicated below. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI 7 gy. /~ Gs~.rc~ ' ge .Escobar ity Manager Date: L ~ 11. ~ ~~ APPROVED: y day of EE'pter~ber, 2009 R. J Reini Fir Assi ~t City Attorney for the City Attorney Page 11 of 13 ~~ 3L ~ AUTHORIZED coalrall.., l l „j o.~~~ ..~.~c.~ SECRETARY ~J~. 2AHN ROAD CONSTRUCTION AGREEMENT -- rjr 10272009 (2).doc THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on ~,rPyl~he.v 1 l~ , 2009, by Angel R. Escobar, City Manager, City of Corpus Christi, Texas, a Texas home-rule municipal corporation, on behalf of the corporation. Notary Pu is State of Texas "' ~' MY COMMISSION EXPIRES ~~~~,ti~r SeplNnb6r 24, 2012 Page 12 of 13 ZAHN ROAD CONSTRUCTION AGREEMENT-- rjr 10272009 (2).doc THE PRESERVE AT MUSTANG ISLAND, LLC a Delaware limited liability company By: Forestar (USA) Real Estate Group Inc., Its Manager By: ~~~" Name: M'~Dr1A~d Title: CY ~~~ ~ PCeSid1~_n-~ Date: Nou~ber 3. a~ THE STATE OF TEXAS COUNTY OF TRAVIS This instrument was cknowledged before me on ~t)V~,~1~P.r 3 , 2009, by ~ ,Vice President of Forestar (USA) Real state Group Inc., as Manager, for The Preserve at Mustang Island, LLC, a Delaware limited liability corporation. Page 13 of 13 ZAHN ROAD CONSTRUCTION AGREEMENT -- rjr 10272009 (2).doc ~ . ~ ~ ZONED COMMERCtH1 I 1 '- ~ ~ ' TO PORT ~ ~~ . -•~-vyeTLA~DS-~; ARANSAS « ~~• a $!. ~` PROPERTY LID;E J~ '~ ` <+ • ' ~ -~-`.- - - - B TzDOT ROW ~ - .~ t 1 ~ *' `~ ZONED CO s 1 ~ L® P( ~LE FUTURE . 15' ACCESS EASEMENT SS DRIVES -% R.O.W.--1 ~~ SIDEWALK - ~ `"~ N t4' ZAHN ROAD ~_,a Q O 73, i S~~ R.O.W. 13' }~ ~ u• ~FOPOSEDZ - t4 - C - __ ...._. :.~.... ____ _ ~. ~. ; _ 14 r x ~~ R.O.W. ~ ~' "~.,f' c _ • ~ ~'' , FUTURE COMMERCIAL j • ~ • EXISTING BOAT RAMP I ' :~• • ' . ACCESS ROAD ~ ~ / WETLANDS -: ~.~ • " f -~ • . ~~ ~~ TO PACKER Y T CHRR~US • t 'l) CHANRNEM 80~' f :: . ~ ~~ ~ . r • .•' . . . . +.~+' 75'RCCESSEASEMENT 'ASPHALT •' WALK PATH R•o•W . ~ PAVEMENT ~l .. ..., . I - WALK PATH c SHOULDI ~ ~ ' ;~ &0' R.Q.W. .. 1~, ~~ _ - ^~ •PROP.ERTY?ltNEfRON1(. 17 ti ,~~ . POSSIBLE FUTURE J SHOULDER (3') _I, ACCESS DRIVES ~ t R.t '~ .. - -. . fUTURECOMMERGAL • WETLANDS ` .. ~ , ,~ . .. ,~ f~ACKERY CHANNEL DEVf LOPMENT , s ~ ~ . .,. . . . COAL - ~ _ ~ :! . ~. ' , .~ .~: ; ~.~ ~ ~ - :~~ E FUTURE - SS DRIVES ~ +. -. j~ ASPHALT /" PAVEMENT j SlOEWALK • 3 , ' . .,. 0 50 100 200 ~ m J G~ S o W ___ •. ~ O V GRAPHIC SCALE IN FEET . y~,•. ~ I ' '. ~ ~ !~~ w• , 2 a ' W ~ z <'ONED CDNlMERC~AL _ O O 4 C o W U ~ C J ts' ACCESS EASEMENT Z ~ a a ~ ~ : ~ R.O.W. - WALK PATH -, 4 w ~ ~0 4 , _ x. +a• 60' R.O.W.. ~s _ ~ .. _ . r • ~~ ~~• arJt rr» -~.1~ ~ _y rte:-.:'rte ,uu.ir+~ ' / ~ POSSIBLE FUTURE •»~'• ,PROPERTY UNE!'R O.W. '. • ' R.O.W, - ACCESS ORLVES ~ ~ ~ _ ,: '~ . ~• .' : ~ ' FUTURE COMMERCfAt . J{ , ~- . PA CKER Y CHANNEL DEVE~PMENt AREA ~ ~: ~ . • ~ - ~ ' ~ ' • . ~ • ~ ; • : • ::: ' . ' ~ ~- " ~ " ~ ' • • ' • •:... r -~t~: ~....: •I::~t w • .~ fff ,.' '~• ' ` ~?. i ` • . :~, - • tl'" , • . . ~' .. ~~ p +~ ,1wy__ - ..~ ~, , ?~ . __ 33-- ` ` ~I i ~ ~ ~~ ~ 0 50 100 200 ~' GRAPHIC SCALE IN FEET Ux v1~ 4~ ~ ^ a° = N %• L~~~ .rM wT } ~v Z W ~= z 4~ o~o = M 8„ ~' O ~ W ~ ;, ~' b ~v ^^ ~i M O iiii~~~~ W ~ yWp~ .~ z ; Z a z W 15 ACCESS EASEMENT ^~ R.O ~ ~_ SIDEWALK _ .-.. .~„ SIDEWALK ~ • , • ~ " ; Q ~ J _R.D.w. -~ . F' a ,,..~. .. ,~ ZAHN ROAD "-~<~~ 60' R O W ` _ ~ . . . EXISTING \ p 1 ) . W ( ~ W to ~~~ ^z ~~' ~ K ^ '~ BRlCKPAVEMENT 1 ~ . ,~. ~ P O a., . , ~-ZAHN ROAD LIFTSTATlON .~ ~ FUT~4E PA~( ERY CHANNEL. SU - ` ~ ~ _ ~' ~ELOP11fENTACCESSDRIVE 1W '' r y ' '~• , ~ -' ,_ .' .- 1~ ~ FUTURECDMINERGAL ~~ - ~ _ ~ .iK ., ,~ ~: ~ ~P , ~ ~ _. Z Y„ ~ ,'~ ,~ _ t .~ , .ti a-- V r Z CW G W QX ZW O~ U~ ~~ I- _ U O~ Ua p~ QO OV Z 1V PROP ACCESS EASEMENT 10' I- 5' 13.5Fr DRNE LANE 14rT CENTER TURN LANE 13.5rr DRIVE LANE. 60' R.O.W. 9.5' Y ~_._-- 13.5' _.r __ 14' 4 13.5' 9.5' -. ORiVE LANE I CENTE TURN LANi~ DRIVE LANE I^_ 2,0. • Y.'.R'a Fi ROW , 1 ~, - 2" HMA~ CL I `--8' CEMENT STABIU2EUSAND 5' SIDEWALK I `-8" COMPACTED SUBGRADE A TYPICAL SECTION AT COMMERCIAL AREA 60aT ROW: TWO DRIVE LANES (13 sail WITH CENTER TURN LANE (~ai•I SCALE: NIA ROW 15' ACCESS EASEMENT g• 16' - ~- T --~- 6' 2' DRNE LANE .1- .. - B' WALK PATH TYPICAL SECTION BETWEEN_COMME ~ 2 HMAC ~ ` 8" CEMENT STABILIZED SAND 8"COMPACTED SUBGRADE IAL AND RESIDENTIAL AREAS 16rr DRIVE LANE 60'ROW - 15• 20' DRIVE LANE ~ p• vac.cr ROW 60FT ROW: TWO DRIVE LANES (1&r) I F; i i y' r}- ``~ 15' ..`.. ACCESS EASEMENT 4.5' I- 6'-; 4.5' i w ..o ~ J b = 2 H 13.6cT DRIVE LANE K r, 2 Q m U N so' R.o.W. l-- _,, SHOULDER DRIVE LANE I M DIAN T-"`° 2' i 13.5' --I2.5'~--}- 2' DRIVE LANE t i ~••I~-~- 2' NMAC ~- B' WALK PATH ~ LL--B"CEMENT STABILIZED SAND i S"COMPACTED SUBGRADE C TYPICAL SECTION AT RESIDENTAIL AREA 60FT ROW: TWO DRIVE LANES Ira s) WITH SHOULDERS & MEDIAN {isaT) SCALE: NIA ACCESS v" EASEMENT -- 5' --~- 5' '-~-- 5' v_,._._~~~,----- W> W r .' ~ -- ~ C7 _ (7 z z a ~.~~; ~ a ~ ~Z-_sa~; ~ z C _.,- N ~. r N 60' R.O.W. ~6.5'~13.5'~2'I-~4~ SHOULDER DRNELANE ~ ROWS • 12' ( 13.5' ~2.5 2' TURN LANE ORNE LANE k•REQfT 1'x1' CONCRETE EDGER C ~- 5' SIDEWALK I TYPICAL SECTION NEAR TORTUGA DUNES ENTRY 60Fr ROW: TWO DRIVE LANES IT3s) WITH SHOULDERS 8 PROTECTED LEFT TURN LANE (t2rr) ~-BRICK PAVERS •10"CEMENT STABILIZED SAND COMPACTED SUBGRADE C 13.6~r DRIVE LANE ca, of Q WI v ~i t N ~, Y.. SCALE: N/A m u °~' w m V ~ O Z wo ~:. G W a ~ ~ :n o '`C y m "~ a Q: 20 O d W ~"`~ ~ ~ S 1.. ~ ~ `~ °` ~ o Z O W 3 °m' ~ za. ~ .° Q ~~ "~ ~~ v.. ~`f ~ NO lT H K' 11\~ ~ H q W ~' '~'" ~ z ~~.. W ~~z g~ p e ^µua i~y=jOm s,p ~v ~~ Z of °uCC~ {~Woa ~>•Z~ z W Z~ i N ~ F- z W C~7 ~ Q ~ fn ,~ Z O Z ~ O . ~ V U~ m W ~~ . N ~_ W N o~ d U V QO J O Q ~ U z a = 1_ -ZANN SECTIONS 1 r t0 N M N ~ O y0 = Y C7 d _ ~- _~ as R ° anr a s o~ ' PROPERTY LINE ~ 8 TxDOT ROW ~~ 1 PROPOSED GRAVITY I ~ `~ SANITARY- t \ SEWER T CNORISTUS PROPOSED SANITARY _ SEWER SERVICE LINE EXISTING FORCE MAINS TO BE ABANDONEO 15' ACCESS PF T PROPOSED FORCE MAINS EASEMENT ROW. WA - ~ ~~~M _. _ _ __ a .....`.. .. W. .~ ...._.. .~ ~ M .. _ ~ _._ .. _ ,. i . ~. _._. _. , w .... _. .._ _._._ - __ - --- FIRE ~ PROPOSED) -~~ HYDRANT WATERLINE R O W J !!! ADJUSTMENT EXISTING 8" WATERLINE ~ SANI PROPOSED ~ ~ S EXTENSION OF PROPOSED GRAVITY STORM SEWER I SANITARY SEWER/ ROPOS WITH HEADWALL - / 1 EXISTING FORCEMAINS ~ / I ~ EXISTING ~~ ; / GAS LINE / ~~~ TO PACKERY i ~ CNAN~V~ 9~" ~ EXISTING STORM SEWER EXISTING FORCE MAINS ~~ ' 15' ACCESS EASEMENT ~'I"' R.O.W.1 ~ ~y'~~ PROPOSED ELECTRICAL UTILITY CONTROLS _ -~___ ~ PROPOSED ELECTRICAL C ~.- 1,~.._~ ~. FORCEIMAINS w ~~~ ~~ --...-_- il;% +a - II^^ t v1 r _. .~~~_..w. .~_......:.t ~.e.--.eat .__t1~ ~ ...{rt ..~ ~ ~ ~__ rv ~-.~__.. ' -.n ..i - .. ~_tr+l R _ .M ~ = _ _ ~ _ PROPOSED ~~ ~ i PROPERTY LINE / R.O.W WATERLINE EXISTING GAS LINE ~ I EXISTING 8" WATERLINE PROPOSED SANITARY SEWER SERVICE LINE PROPOSED SANITARY I SEWER SERVICE LINE ~ PROPOSED WATERLINE R.C PROF SA EXIS1 PACKERY CHANNEL DEVELOPMENT _ ~ 0 __ __ 50 - 100 200 ti GRAPHIC SCALE IN FEET ~ ~1 END FORCE MAINS_ ABANDONMENT PROPOSED ELECTRICAL 15' ACCESS UTlIITY CONTROLS ~ ~ EASEMENT F RCE MA NS , USED ;LINE PROPOSED ELECTRICAL CONDUITS ~ 1 R.0 W.~, _ ~ J T ~ .. _ _ _...__ ,, _,. _ . _._ .. ~ .__ n _.__ __- -.--- _. _ .~ :~ r ... ~! .___ .,. x _, ,. i _-...... ... __.._. .. __._.. ,,, -_... i ... ~ 3 .- r ~~ ~ FIRE HYDRANT - PROPERTY LINE / R.O.W. ~ ~ ~ O.W ADJUSTMENT PROPOSED 'OPOSED EXISTING GAS IiNE ELECTRICAL PROPOSED GRAVITY I Y SEWER CONDUIT SANITARY SEWER DICE LINE 3" WATERLINE PACKERY CHANNEL DEVELC?PMENT AREA NOTE: THE SHOWN LOCATION AND SRE OF UTILITY SHOWN MAY VARY. i, is I~ it . 1 1; ~ 9./ 0 50 100 200 ~ GRAPHIC SCALE IN FEET ~.~~, U U ~ w 6 - .~ W o~ W ~ z ~ C aoW n $ ~ m '^ ~ p U 0. Iif ~ ~ ~ F- z g a a a g z o W :~ m ~ a o a ~ =. ~ z - Ua =z y~ > GW ~ ~~! a„ •'~ ^ a 'L s ~~ ~z~~ W = Z ~ ~ s Q Ke _~°u~ > o. W~oa s. ~~ ~~~~ ,~ -Zj JW a c= yW o6 ~~2~ x Z~ w i TO UGA DU ES i 1 W Z f:. w ~ UITS ; J i"I'I ~ I __ j ~ ~ 5' ACCESS EASEMENT # W 2 W - _.__ R.O.W. ~ ~ ~ F- ~'~ -~ __ _ R.D.W. -~ _~ ~ a - ._ _ . _ F ~` /' ` NE " ~ ~. TO J P. LUBY ARK "~ W 2 Q ~ d I WATERLI PROPOSED 8 ~ ` ~ ~ ~ ¢ V i 3 RY SEWER ZAHN FUTURE PACKERY ~ CHANNEL DEVELOPMENT : Z O ~ ROAD LIFT ~ ACCESS DRNE F- Z I STATION t/~ _ FORCE MAINS 1 L i ; K W a N _ _~ , ~~ ~ 2AMN lfiL Naismith Engineers Estimated Projec t Costs tn~tn ~~ Roa" a Corpus Christi, TX 78411 361-814-9900 Fax 361-814-4401 TBPE Firm F-00355 Title: Zahn Road Improvements Estimate #: Cost sharing NEI #: 8069 Date of Estimate: October 19, 2009 Owner: City of Corpus Christi /The Preserve at Mustang Island NE[ Engineer: Criag B. Thompson, P.E. Contact: Dan McGinn / Dazlene Louk NEI Contact: Thomas Tiffin Address CC: 1201 Leopard St. Corpus Christi, Texas 78401 4501 Gollihar Road Address TP: 1300 S. MoPac Expressway, Austin, Texas 78746 Address: Corpus Christi, Texas 78411 Phone: (361) 826 - 3595 / (~ l2) 433 -5235 Phone: (361) 814 - 9900 Fax: Fax: (361) 814 - 4401 E-Ntail: E-Mail: ZAHN ROAD -ROADWAY IMPROVEMENTS (City's Resp onsibili ty) ITEM NO. DESCRIPTION QUANTITY i UNIT UNIT PRICE TOTAL COST Storm Water Pollution Prevention , . r...~ 1 .Stabilized Construction Entrance & Exit 1.00 _ ~ - .~~ EA _.. ,._.. $2,738.00;- $2,738.0 _~ p _. _~~ .. __ _ . ~~n - . ~_ ~_ ~. _. _. - ~ _ -. a~~ , __..~_ ~„ ~ ...- _ ..._._ ~ 2 ;Reinforced Filter Fabric Fence ~1?90.00 LF _.... $3.00. $ L2,870.0 ~ _.~ ._._. ~.~. _.~. ~. _~.._ ,.. _~..- ..e ._, - ~ _ Hay Bales .. _ ~._ .. _.__a_ . ,__ ~_ ~ . «. ,_.__ . , _~~_. 3 ~ L00 LS _. ~ _ $4,563 00:_ _ $4 563 0 _ _.. _ _~ _m_ ~~ .. _ Site Preparation and Improvements _ _ _ _- .. m ~ , _~_. , - - 4 Site Preparation 4.74 AC $2,000.00 $9,480 0 _._..._a~. _._ _ ~__ . ~. _.r ~ 5 Site Grading ~ ~ 1 00 _.~ LS __ .. $41,067.00 $41,067 0 _ _ _w _. 6 Mitl atio ~~- ~~ ~~~ n Gradin ~g ,. _ _~,__. ..__~..._._~. _.r _ .~_ _ ... 1 00 ~ e._ ~ .,. .. LS __ ._ ~._ S 11,420.00 $14,420.0 _ ~._. , Demolition ._ 7 HMAC Removal and Reuse 5,814.00 SY 55.0 $31,977.0 8 HMAC Boat Ramp Road Removal and Reuse 640 00 ~ ___... SY $6.~0 $4,160 0 _. _ _a, - _~ wN~_ ~~___ ~.-v-_ .... 9 'torm Sewer Removal - 42" ~ ___ ~~.._ ___ .~_ .__ . 152.00, ~_. LF __ $15.00 $2,280.0 ._. _. _.. _..~w~ _~ Storm Sewer Improvements _ ,,, , . ___ _ __ 10 Pipe 24" _, Y_..._ . ~ 34.00' __ LF_ ~ $58.00, $1,972.00 11 1 Dua124 Headwal _ 1.00 LS $10,500.00 $10,00.00 ~ __..v~ ~, 12 .- __.... _ _. __ - Tte to Extsting 24" RCP _.. - ,,. ,. _ _ . _ ~ _ , ~ 2.00 EA _ $1,500.00,. _ ,_ . _ .. $x,000.00 __...... ~' . --~ ~ 13 ._v._~ ,., -. {Bollards 1.00 LS $3,000.00= $3,000.00 tog, Pedestrian, & Traffic Improvements ~ 14 '8" Cement Stabilized Sand Base 11776.00 _ SY $16 00` ~. ---. $188,416 00 ._ 15 _ e_. _ .._ _._ _.__ „_~ _... . _._- HMAC Pavement - 2" ~ 10,172.00 _ _ SY $'1.00 _. . e $213,612 00 __ 16 __. _.- -. ~ . „~ . ~_ Concrete Curb and Gutter ._,a ~ 1,370 00~ ~_ ._ ~ .. LF ~_.__,. ____ $10.50 _ ~ . $14 385 00 _ W _.... ~ __. w_- 17 - _~_ ____ ._._ ~_ ._ ... ~_- . s, __. __ Sidewalk - ~ft _ ~ _ 5,861 00~ _ ..~. ~.- SF _.,.__- _ $7.50 _ $43 957 50 _ ~.m_ _ _-. ~~_ 18 , __.._~., ...~ _.. ~ __~ ~_ _~ ti_ ,Walk Path -Crushed Concrete 5,420 00 SF ~. _ . _ $2.75 __ $14 905.00 _. - .~ -.. w ~ . _ 19 _ _n __.._ _ ._.._ u ~ __ .. ~. ~. Walk Path -Edger 2,170 00 LF __ $2.50 _ r $5,425.00 20 ADA Curb Ramps ~ 8 00~ _ _ EA _m_ _ _ _ $1,500.00 - $12,000.0( , 21 . _ . _ .~_ _ s w -____ ADA Ramps 5 00 _ ,.. EA $875.00' $4,375.OG - - - .._ - 22 _.__,.~ .., .. ___ - w .Pavement Marking - 4" White Reflective Solid 1,310.00' LF __. $3 25 _ _ $14 007.5( ~ .~. 23 -. ~_- Whte Reflective Solid Pavement Marking 6" 130.00. LF $4 75 -_ . _ $617.5( - . _~,~._ 24 _ Pa ._. .~_ -. , __ -_ __ vement Marking - 12" White Reflective Sohd 300.00 LF -~ $7.00- __ $2,1 OO.OC 25 ,. -~ Pavement Marking 4" Yellow Reflective Solld 3,360.00 LF $3 25 ,._ _.,w -_$10,920.0( _ -- 26 _ - .~ .- ~_,_ Yellow Reflecttve Sohd Pavement Marking 12" 205.00 LF $7.00 $1,435.0( .. 27 , ~_-_ . __._.-.. _~._. r _-_ 4" Yellow Reflective Dash Pavement Marking - . _ . 35.00 _ EA __ ~_ $50.00- $ t~750AC ~.__~ 28 _ _ _s__._ ,__ _. _ __.__ . _ Tyke [ [Raised Markers -White -Red 72.00 _ EA _ $20.00 __ $1 440.0( _- _„ .~ 29 _ _. _ ~__ _ _ m .Type ll Raised Markers -Yellow 100.00 EA $20.00 $2 OOO.OC 30 :Crosswalk -Pavement Marking L00 EA s $2,500.00 - _ ~. $2,500.0( .-_ _..., 31 _ __ __ _ Street Signs - 35 00. EA $800.00. $28.000.0( 32 End Barricade 1 00 EA $2,000 00'; e $2,000 O( ,.- ~~ _ _ -~ ... 33 Street Light 3 00" EA _- - $15,000 00! _ $45,000 0( _~ _~ w. __ _. _. __ . ~. __ 34 _. _ ~ _ ~ . _. _. _ __~_ . __ ~___. .Traffic Control -ZAHN ROAD 1.00 LS ~ $30,000.00' $30,000.0( 35 Traffic Control - HWY 361 (TxDOT) 1.00 LS $20,000.00 $20,000.0( Page 1 of 4 EXHIBIT E 'title: Zahn Road Improvements Estimate #: Cost Sharing NEI #: $069 Date of Estimate: October 19, 2009 _ _ _ Water Improvements _ _ __. ~_ ~ _ _ __ ~ _ _. _ 18 a _ _ _ Fire Hydrant Relocation 3 00 EA - $2,500.00` _ $7,500.00 - ___ _.m" 19 _ _..... , . ur , ~. :PVC Water Pipe - 8" 438 00~~ LF 530.00 $13,140.00 20 __~ e_._._ ,_ _, _ Valve - 8" 11.00 EA S 1,500.00 $16,500.00 21 .Valve Adjustment - 8" ~~ _ ~~~~ ~~~~ ~~"~ _ ~~ 5 00, EA ~ $250.00 $1,250.00 _.~._ . 22 _.~._-_ ~_ ..._.~, _.__ ,._ ~ ~ ._ . _ Water Line Connection a __ ..___.,.._ __ ._ ___ .. _ _~ .__w 8 00; __.~ :_ EA . .._ ._. $2 250.00 s._~ ._. __ _ v."~ $18 000.00 .~ _ 23 _ Steel Casing- 14" , 438.00< ~ LF $175.00 ~ $76,650.00 _ _ -_,. ~ __ ~_ _ _~__. __ ... __ _ _.~ ,~~__.~__ _. ~.e . .. . . ........... ~.. _ ___ __. Estimated Construction Costs Subtotal: $933,912.50 Professiona l Services ITEM NO. DESCRIPTION - % CONSTRUCTION .. TOTAL COST .. ___e__.._ 36 ._....~..~ ,___.__ ....... ,_. _._. . Preliminary Engineering & Project Development _, .....E.- _ . ... .. . .. ____ .. .. _ _...: ...__ _ 2 0% $18 678.25 37 :Engineering 7.5% - $70,043.44 _ d ~~ _ _ 38 ___ .. ..~ ~,__. .~.. .. __ Boundary Survey Topographic and -- . - - ~ 2 0% $18 678 25 ~" ~~~ 39 .." Bidding & Construction Administration 1.5% $14008.69 , 40 ___-., _.. ~. .,.,_e.m ..._.._,. m_ Geotechnical and Construction Testing ,. ~ 2 0% _ .-.n_..___a ~.~_r._~e __ $18 678 25 _____.__ ~~ ~~~_~~._~ ~___. .,_M___~ 41 __ ...F.~._.__~_ ~v~ .. ~_n._. ~.___ ,,.•_. _ _.. TxDOT Permit & Traffic Control Plan ___ ~ a_ $8,000.OG _, _ 42 _._..~ ~_.____. ~__._ ~~_~ _, _ __ Colps of Engineers Permit ___ _..« $6 OOO.OC __ 43 _ _ GLO Land Acqu~srtion Documents . ~_ ~ - $10 OOO.OC -e ~. ~_ 44 m_. , , . _ __ _ ..~ .. " ... City of CC Beach Front Construction Cert. , __ ._ _.. ~_~, _. _._w..,,. ~ $4,000.OC .. ~ _ . _ . _.. __..~. w _r.. _._ __.~.. _ . ~..~___ ~ ,,. Professional Services::_ $168,086.88 .._..~__. v _.~_ w ~ _ ~_ ~._ „_ ~,~. ~., _...~. ~ _-__.._ __, .. __. _ _., ,__,... . _.._ _, m_ __,,~,. _ Estimated Roadway Improvements (City Responisbihty):; $1,101,999.38 ITEM NO. DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL COST Sanitary Sewer Improvements 1 8" Gravity Sanita~~~ Sewer n T - 9' _ 203.00 _. LF $45.00 _.a $9,135.0 2 8" Gravity Sanitary Sewer ~ 9' - 11' _ 264.00 _ - - __ LF ~. _ $3.00 e $13,992.0 _... ~ _ ~ 3 _. __ - .8" Gravity Sanitary Sewer ~, l7' - 19' 51.00 LF $120 00 __. 56, 120.0( _ 4 __ ~8" Gravity Sanitary Sewer ~ 19' - 21' 11.00 LF $140.00 $1,40.0 ~ 5 10" Gravity Sanitary Sewer @ 9' - i 1' ~ 650.00 LF ~ $70 00 _ $45,500.0 6 10" Gravity Sanitary Sewer ~ 11' - 13' 324.00- LF ~ $85.00 _~~._ $27,540.0 7 _ 5' ` 10" Gravity Sanitary Sewer @ 13' - 1 ? 33.00 _ LF $120 00 ~ y m$27,960.0 8 ~ . 10" Gravity Sanitary Sewer (c; 15' - 1T 225.00 LF $140.00 e,~ $31,500.0 .._ . ~ _ 9 _ _ @ 19' 21' 10" Gravity Sanitary Sewer __ _ 105.00 LF $160.00 $16,800 0 10 _ Trench Protection 2,066.00= LF 520.00 $41,320 0 ~ . _~.. l L _ .-..r . _K ". _~, _ . _ . _~ _a Manhole 4' Dia n_ T - 9' 1.80 EA ,, 53,500.00 $6,300.0 12 ~~ , Manhole 4' Dia (a 9' - I l' _ ~ 60: EA _ $4,200.00 $15120.0 _.~, _ 12 =Manhole S Dia ~ 11' - i 3' w/ Drop Connection 0.90; EA $5800.00 $5,220.0 13 Manhole 5' Dia @ 13' - 15' w; Drop Connection ~~ _ 0.90 EA $9,500 00 „ $8,550.0 14 ,Fiberglass Manhole 5' Dia ~ 19' - ? l' w/ Drop - 0.90 ~ _ EA $16,000 00 ~.. ~ ~_. _ $14,400.0 w r _ _. _, ~_ .~__ a 15 ,. _ ~.__..._ .~._~_ ~_.~ 6" Sanitary Service Connection 7.20 EA $3,000 00; $21 600.0 16 .. _.,.___.. Connection to Existing Manhole _____._~_..._ .___ _~. _ _ _ . Y 1.80 ~ EA __~. $2,500 00' ~~u._. . ~ .___._. __ $4,500.0" __ _ __._, . _ 17 Dewatering 0.90 LS $58,000.00;: _ _. ~_ ~~ ~_.. .n $52,200.0 _,.~ _._~~ .,. _r _ _ ___. _ .d_..._,. .._ ___ .. __ _ .-_. ~_ - _._~ __ _ _~ _ Estimated Construction Costs Subtotal: $349,297.00 Professiona l Services _, __ .. ~ . . , .~. _. __ . - w~_ _~ . _ _ _._.. ____ _ _ ___ _,._ .~ . _ , . _ .. _ ._..~ __ ITEM NO. ____ _ _ _ DESCRIPTION __ % CONSTRUCTION ~ .,.... __ TOTAL COST .. ... ,.._ ._ .... ~.. ._..r-.d.. 24 __,__. __ ._ ~_ .._~. _ . ,.~. ... ..__ Preliminary Engineering & Project Development _ _ __. _ . , _. 2.0% w_ ~ ~.. m $6,985.9 __ ____ _~_ ,.._ 25 . ~_ _ -~ __ _~_,. ~ _._..__. ~._ ._._ ~_ r ,_ _... Engineering 7 5% i $26 197.2 26 Topographic and Boundary Survey ~ ~._ _ _ 2.0% ___ ~.,_.. $6,985.9 __._ _ _w _~ e,._._ 27 ___~ _.__ __ ,. _ _ __ _._ Construction Administration 1.5% $5,239.4 ~. n. 28 ~~_ _ ~ _a.~ _... .Geotechnical and Construction Testing 2.0% $6,985.9 . __._. Professional Services: !: _ ..__. _ .~___ _a _. . w.. _., $52,394.55 _ _ _,_ ___ . ___ .__ _~ " ~. _ _ . _s,. _._, _ __ .. _ ._ . _ . --~--- ~-" ~ ~ Estimated Utility Improvements (Reimbursement Fund):: $401 691.55 Page 2 of 4 EXHIBIT E Title: Zahn Road Improvements Estimate #: Cost Sharing 1YEI #: 8069 Date of Estimate: October 19, 2009 - ROADWAY. UTILITY, & ITEM NO. DESCRIPTION QUANTITY UNIT UNIT PRICE `~ TOTAL COST Aesthetic Enhancements (Cost Sharing Worksheet) __, . _ _ _ _ __.__ ____~..~ _ .. _ _,r I 12" Cement Stabilized Sand Base -Difference 2,205.00 SY _. $5.00 _$11025.00 ~ Brick Pavers (Roadway) - Dtfference 1 687 00 SY $37.50 $63,262 50 3 Concrete Edger 810.00, LF ~ __ _.~ $ 15.00 $12,150 00 _ ____. _ - ~ _ _._._. 4 Brick Pavers Median _e..._ .. 550.00 d_ SE $7.00 $3,850.00 5 _ ,Crosswalk -Brick 6.00 ` EA ~ _ _ , $3,500.00 $21.,000 00 Paving -Turn Lane into Development (Pavers Additional Cost Above) (Cost Sharing Worksheet) ~ _ _ _ __ e _ ~. _ - - 6 ;8" Cement Stabilized Sand Base 517.00 SY $16.00= $8.272.00 7 HMAC Pavement - 2 467.00 SY ~ $21.00: _ $9,807.00 8 Driveway Replacement -Tortuga Dunes 1.00 LS ~ $12000.00; $12,000.0( Tortuga Sales Center 9 Driveway Replacement - ~ 1.00 LS $5,000.00 _$5,000.0( . Paving -Additional Third Lane (Cost Sharing Worksheet) „ __ __ „ _~ I 0 8" Cement Stabilized Sand Base 422 00 ( SY __ $16.00= _ $6,752 OC _..- d .~ .._a._ _ L 1 HMAC Pavement- 2" ~~~ _ _ _..._w . ~._ 422.00- . __. ~ SY ~ . _ _._ ~ _._ $21.00- . _ $8,862.0( , ____ -.~_P~ Storm Water Pollution Prevention _~ ,._,_ 12 Stabilized Construction Enhance & Exit 1.00 __ EA . _ _ _ _ $262.00 $262 OC ._ e. __. . ro._~ . _ ~w . ~__ .. _. ._. 13 Reinforced Filter Fabric Fence 411 OOa. __. LF _.,. $3.00' S1 233 OC _.~ _, . _,__ ~.. ,. r_. _ 14 Hay Bales s _ _ - . . 1.00' LS ~ _ ...., $437.00 a . _. 5437.0( - --_ _ - - Site Preparation and Improvements _ ~ _ ~. _. Preparatron 15 Site 0.46 AC _ _ _ $2,000.00:, $920 OC _ _ _. .. _ _ 16 Site Grading L00 . LS ~ _ $3,933.00; __, . ~ . $3,933 OC ~ w _a __ . ~._.__-__. m _ ... _-. :_ _ 77 Mitigation Grading e.__. _ _ _ _ _..._ ... __ _._ L00 . _ _ . __ LS ~ _~ $1,380 00; _ _ _ , $1 380 OC _._- _ _ Demolition . ~.. 18 P_. Driveway Removal -Tortuga Dunes w v ~ ~ ~ ~ ~~1.00 ~ w LS $12,500.00 ~ . $12,500 00 ~. ti ~. _.. _ 19 ~ Driveway Removal -Tortuga Sales Center ... 1.00 LS $4,000.00: $4 000 OC 20 Sanitary Manhole and Piping l 00: LS 510.000.00 $10,000.0( Improvements Sanitary Sewer _ .,_. r. 21 , 8" Gravity Sanitary Sewer '~i~, 7' - 9' 23 00 LF 545.00 $1.,035 OC 22 _. 8" Gravrty Sanitary Sewer n 9' - 11' 30.00 LF e. $53.00 $1 590 OC 23 8" Gravity Sanitary Sewer (~ 17' - i 9' ~~ _ ~ 6.00' LF _ $120.00 $720.0( 24 __ 8" Gravrty Sanitary Sewer chi 19' - 21' 1.00 LF _ $140.00 _ _. $140.0( 25 11' 10" Gravity Sanitary Sewer t~ 9' 72.00 LF $70.00= $5,040.0( P r . __,n._- , 26 .. _w ... _~ _ . 10" Gravity Sanitary Sewer @ 11' - 13' _ 36.00 ~ - LF __ ?7~ ~~~ a 10" Gravity Sanitary Sewer @ 13' 15' ?6.00 LF ~g 10" Gravity Sanitary Sewer @ 15' 17' _ _ _ 25.00 LF 29 19' 21' 10" Gravity Sanitary Sewer cr 12.00 LF 30 y Wrench Protection 231.00 LF 31 -Manhole 4' Dia !~? 7' - 9' . 0.20' EA _~_ .~ ,.____. 32 m _ __ _~ Manhole 4' Dia l~~ 9' - 11' 0.40, EA 32 Manhole 5' Dia @ l 1' - 13' w/ Drop Connection 0.10 EA 33 Manhole 5' Dia @ 13' - l5' w/ Drop Connection _ 0.10- ~ EA 34 Fiberglass Manhole 5' Dia @ 19' - 21' w/ Drop . _ ~ 0.10: _ _ ~_ EA _ 35 q_ a _.m .. _ 6" Sanitary Service Connection _ .__~ __ _ 0.80' ~ EA -- __A_ , ._.. ~ ~6 ~._.__ _ r __y Connection to Existin Manhole ___ g _ .. _ _ 0.20 __ _ EA ~-.._ _ _. _.~ -.._ _ 37 _~ _ Dewatering 0.10 LS 38 4" PVC AWWA (900-DR-LSOPSI Force Main ~_ ._ .__. _ . 887.00- __~~ __ LF w _.__ ...___~_.., 39 .w._ . _,. _ _ .. 6" PVC AWWA (900-DR-i50PSl Force Main ~ . _ ~ 887.00 __, _ _. LF __ __ .r._,.._ 40 _~~ _ __ _ _ ~_.. . Tie to Existing 4" Force Main 2.00 LF 41 _._ Tie to Existing 6" Force Main . _~ 2.00 LF __ ®. ~ ~ 42 e _ ._~ _.. 4" Air Release Valve 1.00 EA 43 6" Air Release Valve _w ., _ 1.00 EA __ . _ 44 ._ _. _,., ~__. _ Air Release Manhole ~~~ ~ - ~ ~ _ ~ __ 1.00 ~ . _ EA Water Imp rovements ~. . _ $85.00' $3,060.0( $120.00; $3,120.0( $140.00 $3,500.0( $160.00; _ _ _$1,920 0( y „ $20 00 . _., ._$4,620.0( $3.500.00 $700.0( _ ~.a_~ .... ~_ _ 54,200.00 $1,680.0( . $5,800(10 $580.0( _~ _ .. ~~ ~ $9,500.00 _. 5950.0( _ $16,000.00 51.600.0( ' $3,000.00. $2,400.0( $2,500.00 __ .$500.0( __ _ a. _ $58,000.00 __ $5,800.0( _._ _. _ _ 525.00 _ _$22,175.0( $30.00 $26,610.0( $2,500.00 _ _ . _ ___ $5,000.0( $2,800.00 _ _ _$5,600.0( _ $4,000.00 $4 000.0( $4,000.00 _ _. _. $4,000.0( i ...$2,800.00 $2,800.01 __ _ 45 Watr,r Line Connection 3.00 EA $2,250.00 $6 750 ~.. _ ___, _ __ _ _ e _ ,_ ,- .__ Estimated Construction Costs Subtotal: $312 535, _ _ ~ _. Page 3 of 4 EXHIBIT E Title: Zahn Road Improvements Estimate #: Cost Sharing NEI #: 8069 Date of Estimate: October 19, 2009 Professional Services _ _ ... . _ ___ .. . ._..., ~.._ m_ . _ ., __ ___ _ ~_.._ __ _.. _._ _ . .._ v. ITEM NO. _ ._ _._ _ _ ~.. _ _. r w DESCRIPTION '. % COYSTRUCTION ' TOTAL COST 46 Prelunmary Engineering & Project Development 2.0% X6,250.71 47 Engineering ,. i 7 S% __ _ __ $23,440.1 ~_ __, _,. __ 48 ~ ._er__- .____~. _ ..~~~ Topographic and Boundary Survey _ _~~ 0 2.0% .. , .. $6,250.71 ___.,, . _... , _ 49 _ . ., .. .___, - - _...d ... _ _., _. _ ..~_ . Construction Administration _ .. . , `, % 1.S% n _.. $93.7 __~ ___. 50 ___. _ . E. _ m_-_ .. _~ _... ~Geotechnical and Construction Testing _. ~ ~ ~ _. 2.0% ~ $6,250 71 .. .......... , _..~.~_ 51 _.._,_ ..__._..__ . x..-_ _ _....._. _.. ... , . ROW Acquisition and Maps _ _ .._ - _.._. ,~ $6,625 0 .._ _ 52 _ ._a._.. ~. _.._~,~~__.~_ .4 _,.~_ .~_ .. ~ . . Development Agreement _,._ _ _ : ._.... _. _ ._ . $12 000 0 __> .. _. __ . _...~_ ~ __ .~. _.e. .,.._ .. ~_. ~ ....,_.._ p _~.. _.___ _ .. _ Professional Services: ~ _. $60,911.05 -_ .- ____~_~ F ~v.w_._.. _ . _.___n ___ __ ..~ _ .~..~. _ _ __~ . .. ___ -- _ _ _.~ Estimated Roadway, Utility, _~.-~ _ ~ and Misc. Improvements $373,446 55 Landscaping ~_ _ .~_ _ w. _ ._ a _ ~ ~.~ 53 e Median -Sod- Maintain Two (3) Months 7,500 OQ SE ~ . $4.25; _ ~ . . $31,875 0 _.. __ 54 ~..~ _ ... a.~ ._ _. _~W , _.~ .. ;Queen Palm ~~ 00 _ e.. ~ EA _ $800.00 ~ ~_. ~.. $28,000.0 _. _. .. _~ . _ ._.. _ 55 _. _ ~ .._ k Canary Island Date Palm _._~ _ 37 00 ` ~. EA . ~d $2,250.00- w ~ $83,250 0 m_ v ~. __ _ ~_.. ~ 56 Honey Mesquite _ 5 00 EA $175 00 _ _,..u»_ , $875.0 ~. _ _. , _~. _ ..,_._ 57 _ _ _..~ _,. ..... _e_ __ Coma ~._ _. ~ 20.00 ~ .__._._~ EA -_~. -_.. $15.00 _. $300 0 ___..~ __ m__.___..~_._.. 58 ~...~ ~_v_ a.~..m._, ..._w......~_ Oleander _.__.,._. 46.00 ~ . ~_,_ ..~ _ EA $21.00 n _.~ ._ $966.0 _, ~ _._ ... __e. ~__ 59 _ ~.~... ~ ......~ ... _. .. .. ,, _ Dwarf Palmetto ~-~._ ~ 56.00 . _.~._ . EA ~__ $35.00- _ H__ _ $1,960.0 _~.. ._~~ _ ~._. _..._.~. 60 _._._.-.~ m._.._ ..__,... Coral Bean .___.. ,_ _ _ 130.00 E,A $10.00 ~ ~ ~ ~~ ~ . ~~ $1 300.0 61 Texas Sage ~ ~~~~~~ ~~ 850.00 EA $10 00~ ~ $8,500.0 6~., Red Yucca ~~~ ~~~~~ _ ~~ ~~~~ ~ ~ ~~~' 92.00 EA ~ $14.00,: _. .._~__._ ~e _. ,u_. $1,288 0 _ 63 . ~ - _w._ ._. _ ~ Society Garlic 50.00 E,A $10.00- $500.0 . T OO - O~ S ... _ , . $10 00 . $ 65 ... .~,. Landscape Architect ° - ,. _ .., . . __ _ O a , 1,986 OS' $ Irrigation ___-_-,.~n., _.. ~_.... _.. _._ . ._, _.,. _ ,~ ~. 66 Bubbler 336.00 _ EA t $30.00' .. _ $10,080.00 ~_ .. __ _. _ _ 67 _ e.._._.~ ~ Perennial Bed ~ ~, ~ 25,720 00 .... _ LE: ..._ _. __ $1.50 ~ ~ $38,580 00 ._. ___ _~e v. 68 _ ~ .r _.__.._ , __., _ . _ ~_ ~ l" PVC Pipe 9,532 00' LF $2.00 _ _ . ~ $19,064.00 _ -. 69 _. ~.e_.. ~2" PVC Pipe 9,532.00 ~ ~ _ ~ , LF $3.50 $33,362.00 7p~_~ ~ _~ Backflow Preventer ~~ 1.00 EA _ ._ _..... ~ $1,750.00 $1,750.00 71 . __,_ . _ . Rain Sensor a . ~~ _ L00 . EA ~ ~ $250.00 _.. . _ $250.00 __ .._ ,.... __~ ~ _.._,__- 72 _a_.~~.~.____ ~_.._ _.. .. __ ___ __ Controller . -_ __... 1.00 EA __ $1,800 00 _ _. _ A_..._. $1,800.00 __. w. 73 _ __ _..... e ~ ._ . , I .~" Meter 1.00 EA __ $8,500 00 _. _ _ $8,500 00 _ -, ~ ~ ._ _. n ._ _ _._. , . ..~.~._.... ~ 74 _m, ..._ .._ . ,.w, ._ . ,_._ ~. Valves 25.00= _ EA _.. $56.00 _ e._e_ ..._ $1400.OC eM_ 75 _._- ~~ _~~__.. __ ._~ _.. =Irrigation Designer _ 7 50%: LS _ _ _ a _ _ $8,608 95 Estimated Landsca ping and irrigation Costs _ $295,195.00 F.atimated Construction Costs (Developer Responsibility): X668.641.55 Estimated City Responsibility Estimated Developer Reimbursement Fund Estimated Developer Responsibility Total Estimate Project Costs $1,101,999.38 62i $401, 691. SS $668,641.55 3si $2,172,332.48 Page 4 of 4 EXHIBIT E