HomeMy WebLinkAboutC2015-081 - 5/19/2015 - Approved ' l!by. i \
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WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION
AND REIMBURSEMENT AGREEMENT
STATE OF TEXAS §
COUNTY OF NUECES §
This Wastewater Collection Line Extension Construction and Reimbursement Agreement
("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule
municipality, and Palm Land Investment Inc., ("Developer/Owner"), a Texas Corporation.
WHEREAS, the Developer/Owner, in compliance with the City's Unified Development
Code ("UDC"), has a plat, approved by the Planning Commission on October 9, 2013 to develop
a tract of land, to wit: approximately 60.18 acres out of lots 3, 4 & 5, Section 27, Flour Bluff &
Encinal Farm & Garden Tracts, known as Preliminary Plat of Sandy Creek, located along the
south side along Holly Road; east of Rodd Field Road and west of Encino Drive, as shown in
the attached Exhibit 1, the content of such exhibit being incorporated by reference into this
Agreement.
WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the
wastewater collection line extension ('Wastewater Extension");
WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the
Developer/Owner's costs for the construction of Wastewater Extension;
WHEREAS, it is to the best interest of the City that the Wastewater Extension be
constructed to its ultimate capacity under the City's applicable Master Plan;
WHEREAS, Section 8.5.2.E.2 of the UDC authorizes the acceptance of applications to
be eligible for reimbursement in the future when funds become fully available in the Wastewater
Collection Line Trust Fund and are appropriated by the City Council; and
WHEREAS, the Developer/Owner has submitted an application for reimbursement of the
costs from the Wastewater Collection Line Trust Fund for installing the Wastewater Extension,
as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this
Agreement.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
in this Agreement, the parties do covenant and agree as follows:
1. REQUIRED CONSTRUCTION. Developer/Owner shall construct the Wastewater Extension
in compliance with the City's UDC and under the plans and specifications approved by the City's
Development Services Engineer.
2. PLANS AND SPECIFICATIONS.
a. Developer/Owner shall contract with a professional engineer, acceptable to the City's
Development Services Engineer, to prepare plans and specifications for the
Wastewater Extension, as shown in the attached Exhibit 3, the content of such
exhibit being incorporated by reference into this Agreement, with the following basic
ripcinn'
2015-081
5/19/15
Ord. 030506 INDEXED
Palm Land Investment Inc.
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1. Install 1902 linear feet 12-inch PVC pipe;
2. Install 1902 linear feet trench safety;
3. Install two (2) 4-foot diameter manholes (9-11 feet depth);
4. Install three (3) 4-foot diameter manholes (11-13 feet depth);
5. Install two (2) 5-foot diameter manholes (13-15 feet depth);
6. Install 115 linear feet 20- inch steel casing and boring (Ennis Joslin);
7. Dewatering;
8. Connect to existing manhole (15' approximate depth);
9. Traffic control;
b. The Wastewater Extension must begin at the new proposed wastewater manhole at
the southeast corner of Flour Bluff and Encinal Farm Garden Tract 60.18 acre tract
and extend approximately 1902 linear feet east along the south side of Los Arboles
at Terra Mar Unit 2 and Monte Verde at Terra Mar Unit 2 Subdivisions.
c. The plans and specifications must comply with the City's Wastewater Standards
Detail Sheets and Standard Specifications.
d. Before the Developer/Owner starts construction, the plans and specifications must be
approved by the City's Development Services Engineer.
3. SITE IMPROVEMENTS. Prior to the start of construction of the Wastewater Extension,
Developer/Owner shall acquire and dedicate to the City the required additional public utility
easements ("Easements"), if any, necessary for the completion of the Wastewater Extension. If
any of the property needed for the Easements is owned by a third party and the
Developer/Owner is unable to acquire the Easements through reasonable efforts, then the City
will use its powers of eminent domain to acquire the Easements.
4. PLATTING FEES. Developer/Owner shall pay to the City the required acreage fees and pro-
rata fees as required by the UDC for the area of the Wastewater Extension.
5. DEVELOPER/OWNER TO AWARD CONTRACT FOR IMPROVEMENTS. Developer/Owner
shall award a contract and complete the Wastewater Extension, under the approved plans and
specifications, by April 28, 2016.
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 and 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.
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8. DEFAULT. The following events shall constitute default:
a. Developer/Owner fails to engage a professional engineer for the preparation of plans
and specifications by the 10th calendar day after the date of approval of this Agreement
by the City Council.
b. Developer/Owner's professional engineer fails to submit the plans and specifications
to the City's Director of Engineering Services and to the Development Services Engineer
by the 60th calendar day after the date of approval of this Agreement by the City
Council.
c. Developer/Owner fails to award a contract for the construction of the Wastewater
Extension, according to the approved plans and specifications, by the 90th calendar day
after the date of approval of this Agreement by the City Council.
d. Developer/Owner's contractor does not reasonably pursue construction of the
Wastewater Extension under the approved plans and specifications.
e. Developer/Owner's contractor fails to complete construction of the Wastewater
Extension, under the approved plans and specifications, on or before April 28, 2016.
f. Either the City or the Developer/Owner otherwise fails to comply with its duties or
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
sufficient 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 the Developer/Owner fail to perform any obligation or duty of this Agreement,
the City shall give notice to the Developer/Owner, at the address stated in section 11, of
the need to perform the obligation or duty and, should the Developer/Owner 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 the
Developer/Owner by reducing the reimbursement amount due to the Developer/Owner.
e. In the event of an uncured default by the Developer/Owner, 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;
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2. Refuse to record a related plat or issue any certificate of occupancy for any
structure to be served by the project; and/or
3. Perform any obligation or duty of the Developer/Owner under this Agreement
and charge the cost of such performance to the Developer/Owner. The
Developer/Owner shall pay to the City the reasonable and necessary cost of the
performance within 30 days from the date the Developer/Owner receives notice
of the cost of performance. In the event the Developer/Owner 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/Owner has all its remedies at law or in equity for such default.
10. FORCE MAJEURE.
a. The term "force majeure" as employed in this Agreement means and refers to acts of
God; strikes, lockouts, or other industrial disturbances; acts of public enemies;
insurrections; riots; epidemics; 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 claiming force majeure
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/Owner:
Palm Land Investment, Inc.
Attn: Dan Caballero
5949 La Costa
Corpus Christi, Texas 78414
2. If to the City:
City of Corpus Christi
Attn: Director, Development Services Department
2406 Leopard Street 78401
P. O. Box 9277
Corpus Christi, Texas 78469-9277
WW Reimb Agmt Palm Land Investment,Inc-Sandy Creek vFinal.doc Page 4 of 8
Standard Form Wastewaster Collection Line Reimbursement Agreement Template Version 1.0 4.1.15
with a copy to:
City of Corpus Christi
Attn: Assistant City Manager, Business Support Services
1201 Leopard Street 78401
P. O. Box 9277
Corpus Christi, Texas 78469-9277
b. Notice must be made 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 the address for notices by giving notice of the change under
the provisions of this section.
12. THIRD PARTY BENEFICIARY. Developer/Owner's contracts with the professional
engineer for the preparation of the plans and specifications for the construction of the
Wastewater Extension, contracts for testing services, and contracts with the contractor for the
construction of the Wastewater Extension must provide that the City is a third party beneficiary
of each contract.
13. PERFORMANCE AND PAYMENT BONDS. Developer/Owner shall, before beginning the
work that is the subject of this Agreement, execute 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 bonds must comply with Texas Government Code, Chapter 2253.
14. WARRANTY. Developer/Owner shall fully warranty the workmanship of and function of the
Wastewater Extension and the construction of the Wastewater Extension for a period of one
year from and after the date of acceptance of the facilities by the City's Director of Engineering
Services and Development Services Engineer.
15. REIMBURSEMENT.
a. Subject to the conditions for reimbursement from the Wastewater Collection Line
Trust Fund and the appropriation of funds, the City will reimburse the developer, the
reasonable actual cost of the Wastewater Extension up to an amount not to exceed
$245,864.14 as shown in the attached Exhibit 4, the contents of such exhibit being
incorporated by reference into this Agreement.
b. The City agrees to reimburse the Developer/Owner 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/Owner shall submit all required performance
bonds and proof of required insurance under the provisions of this Agreement Exhibit 5.
c. To be eligible for reimbursement, the work must be 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.
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d. In the event that this Agreement is terminated by the City as a result of an uncured
default by the Developer/Owner and at a time when there has been a partial completion
and/or partial payment for the improvements, then the City shall only reimburse the
Developer/Owner 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
the uncured default occurred.
16. INDEMNIFICATION. DEVELOPER/OWNER SHALL FULLY INDEMNIFY, SAVE,
AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS,
OFFICIALS, EMPLOYEES, AND AGENTS ("INDEMNITEES") FROM AND AGAINST
ALL SUITS, CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, EXPENSES,
LIABILITY, DAMAGES AND JUDGMENTS RECOVERED FROM OR ASSERTED
AGAINST CITY FOR ANY AND ALL PROPERTY DAMAGE OR INJURIES
SUSTAINED BY ANY PERSON, INCLUDING WITHOUT LIMITATION, WORKERS'
COMPENSATION, PERSONAL INJURY OR DEATH, ARISING FROM OR INCIDENT
TO, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER
PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION OF
THE WASTEWATER EXTENSION.
17. COVENANT RUNNING WITH THE LAND. This Agreement is a covenant running with the
land, to wit: approximately 60.18 acres out of lots 3, 4, & 5, Section 27, Flour Bluff & Encinal
Farm & Garden Tracts, a subdivision in Corpus Christi, 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/Owner's
successors or assigns.
18. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may
not be assigned by the Developer/Owner to another without the written approval and consent of
the City's City Manager.
19. DISCLOSURE OF INTEREST. Developer/Owner agrees, in compliance with the City
Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Interest form
attached to this Agreement as Exhibit 6.
20. EFFECTIVE DATE. This Agreement becomes effective and is binding upon and inures to
the benefit of the City and the Developer/Owner and their respective heirs, successors, and
assigns from and after the date of final execution by all parties.
21. AUTHORITY. The person signing this Agreement on behalf of each of the parties
represents, warrants, and guarantees that they have authority to act on behalf of the party and
make this Agreement binding and enforceable by their signature.
EXECUTED IN ONE ORIGINAL this day of , 20 .
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ATTEST: C 0 COR US CORISTI
TL-14-11-4e-k
,� �_
Rebecca Huerta Prstay. Gonzalez IIP
City Secretary Assista t City Manag-r, designee
of the City Manager
g'-
APPROVED AS TO FORM: ( , 2015.
1 <- t rd 03as'oc
'll 1 L A ,„. AUTMUKiwi
Julian Gra I, Senior Assistant City Attorney IT COUNCIL 5)(qi 115
For the Cit'Attorney
aft
SECRETARY.77-
OWNER:
2OWNER:
Palm Land Inv tment, Inc.
By:
an Ca Ilero, President
STATE OF TEXAS §
��e e5 §
COUNTY OF § r
This instrument was acknowledged before me on 6QY 1 I l..0 , 2015, by
Dan Caballero, President, Palm Land Investment, Inc., a Texas Corporation, on pehalf of said
corporation.
1s'""" ( tary Pu lies ig ak.H
TANYA ROJAS
1 p4- My Commission Expires 6
October 15,2017
4)44. R0' 1
IRIPIWIPNPNPRIIIMPRIMTIPTIPIS
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Standard Form Wastewaster Collection Line Reimbursement Agreement Template Version 1.0 4.1.15
OWNER:
Palm Land Investment, Inc.
) � r
:v: ail - ..i '-' A / a
Maria E. Caballero, Vice President
STATE OF TEXAS §
COUNTY OF Yue e--e-s §
This instrument was acknowledged before me on L V , 2015, by
Maria E. Caballero, Vice President, Palm Land Investment, Inc., a Texas Cor orate n, on behalf lf
of said corporation. , ,
.............................- �I 01 .' V
,, ,«. o .ry Publ. 's Signatur-
* �� TANYA ROJAS � i
My Commission Expires
^�, October 15,2017
WW Reimb Agmt Palm Land Investment,Inc-Sandy Creek vFinal.doc Page 8 of 8
Standard Form Wastewaster Collection Line Reimbursement Agreement Template Version 1.0 4.1.15
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Exhibit 1 J7
APPLICATION FOR WASTE WATER REIMBURSEMENT
We, Palm Land Investment, Inc., 5949 La Costa, Corpus Christi, TX 78414, owners
and developers of proposed re-plat of 60.18 acres out of Lost 3, 4 & 5, Section 27,
Flour Bluff& Encinal Farm & Garden TRS, Corpus Christi, Nueces County, Texas,
hereby request reimbursement of$245,864.14 for the installation of the waste water
trunk line in conjunction with said lot, as provided for by City Ordinance No. 17396.
$598,533.04 is the construction cost, including 9% Engineering and Surveying, as
shown by the cost supporting documents attached herewith.
/ 3(2 5/?GAS
f
a an Caba ero, President Date
Palm Land Investment, Inc.
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on / ')fkC r SXh , 2015, by
v in /i) e
� ?-k-A- C_am-LIE-AO (Name), P IZ 5)o itle),'
Of of Palm Land Investment, Inc., a Texas Corporation, on behalf of the said
corporation.
Not Public in and for tthe Statof Texas
v*"4\ JUNE A.FIEBIG
l' �•' Notary Public,State of Texas 41 /c
My Commission ExpiresAir'
//owl" March 21, 2018 .. Maria E. Caballero, Vice President Date
Palm Land Investment, Inc.
THE STATE OF TEXAS §
COUNTY OF NUECES §
This strument was acknowledged before me on/()A/2C11 A5\111 , 2015, by
/ / eig-Af}/Ji2i) (Name), Pis/DEN) (Title),
of Palm Land Investment, Inc., a Texas Corporation, on behalf of the said
corporation.
il.f.0 a ()_zp IAA°,
.•�"°�: JUNE A.FIEBIG No ry Public in and for the State/of Texas
47 *, Notary Public,State of Texas
•. iPage 1 of 3• My Commission Expires Exhibit 2
'''«' March 21, 2018
Jr-
CERTIFICATION
The information submitted with this application for reimbursement has been reviewed and
determined to be correct. Reimbursement is subject to:
(a) Sufficiency of funds in the Sanitary Sewer Collection Line Trust Fund, and
(b)Appropriation and approval by the City Council.
Li frO
Development Services Engineer Date
Exhibit 2 Page 2 of 3
APPLICATION FOR WASTE WATER CREDIT
We, Palm Land Investment, Inc., 5949 La Costa, Corpus Christi, Texas, 78414, owners and
developers of proposed re-plat of 60.18 acres out of Lost 3, 4 & 5, Section 27, Flour Bluff
& Encinal Farm & Garden TRS, Corpus Christi, Nueces County, Texas, hereby apply for
$99,822.00 credit towards the waste water lot fee for the collection line extension in
conjunction with said subdivision as provided for by City Ordinance No. 17396.
$598,533.04 is the construction cost, including 9% Engineering and Surveying, as
shown by the cost supporting documents -tta ed herewith.
37 0Q3e-
I
an Caballero, President Date
Palm Land Investment, Inc.
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me ono2 1 /21J9,,(CW , 2015, by
A'9J ) C/13)9-Li O (Name), PRFsIdeli 7 (Title),
of Palm Land Investment, Inc., a Texas Corporation, on behalf of the said
corporation.
0 AO 0 1)..,L0 a),q
Nry Public in and for the State Of Texas
a , 14.4N JUNE A.FIEBIG /
�� `¢g�= Notary PubNc,Store of Texas
+ .: My Commission Expires 1 L ,1 i � Z6/�
vai
March 21, 2018 1 `C)//0 /
• Maria E. Caballero, Vice President ate
Palm Land Investment, Inc.
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on A 5v 11 awk c)1 , 2015, by
t79/ JC-CteMMLL EPD (Name),InCE PRESHOE-iti (Title),
of Palm Land Investment, Inc., a Texas Corporation, on behalf of the said
corporation. _
.a�:" JUNE A. NEM l (/(,Q Q C(,(
�� sL Notary Public,store or Texas Notaryblic in and for the t �e of Texas
+; £ My Commission Expires
''et; March 21,2018 Page 3 of 3
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Exhibit 3
, t '
i
Engineer Estimate of Project Costs
Title: Sandy Creek-Full Development Costs
Owner: Palm Land Investments,Inc.
Contact: Dan€33ballero
5949 La Costa Naismith
Address: Corpus Christi,Texas 784149 g,Inc
En ineerin
Phone: (361)765-2166 pus ChristiGoliha,
Road.
coypus cn.ise,rx 7841i
Engineer: Craig Thompson,P.E. 361-814-9900 Fax 361-814-01
Address: 4501 Gollihar Road
Corpus Christi,Texas 78411 Property Size: 60+/-Acres
Phone: (361)814-9900 Date of Estimate: July 11,2014
ON-SITE DEVELOPMENT COSTS
A. Storm Water Pollution Prevention
CONTRACT UNIT
ITEM NO. DESCRIPTION QUANTITY UNIT PRICE TOTAL COST
1 Reinforced Filter Fabric Fence 12,275 LF $3.75 $46,031.25
2 'Stabilized Construction Entrance 3 LS $2,000.00 $6,000.00
4
3 Inlet Protection Barriers 31 EA $200.00 $6,200.00
4 Manhole Protection Barriers 2 EA $100.00 $200.00
5 Post Construciton Seeding 3 LS $6,000.00 $18,000.00
A. Storm Water Pollution Prevention Subtotal: $76,431.25
B. Site Preparation and Improvements
ITEM NO. DESCRIPTION QUANTITY UNIT CONTRACT UNIT TOTAL COST
PRICE
6 jMoblization and Demobilization 3 LS $13,000.00 $39,000.00
7 'Site Grading 27,000 CY $8.00 $216,000.00
B. Site Preparation and Improvements Subtotal: $255,000.00
C. Sanitary Sewer Improvements
ITEM NO. DESCRIPTION QUANTITY UNIT CONTRACT UNIT TOTAL COST
PRICE
8 0'-5'Deep-8"PVC Sanitary Sewer 1,800 LF I. $65.00 $117,000.00
9 5'-9'Deep-8"PVC Sanitary Sewer 5,250 LF $85.00 $446,250.00
10 9'-11'Deep-12"PVC Sanitary Sewer 1,750 LF $115.00 $201,250.00
11 OSHA Trench Safety 8,800 LF $6.00 $52,800.00
12 4'Diameter Manhole(0'-5'depth) 8 EA _ $5,500.00 $44,000.00
13 4'Diameter Manhole(5'-9'depth) 18 EA $7,000.00 $126,000.00
14 4'Diameter Manhole(9'-11'depth) 6 EA $7,000.00 $42,000.00
15 Sanitary Sewer Service Connections-Single 298 EA $1,250.00 $372,500.00
16 Dewatering/Well Pointing 1,750 LF $35.00 $61,250.00
17 Connect to existing MH 8 LS $9,500.00 $76,000.00
C. Sanitary Sewer Improvements Subtotal: $1,539,050.00
D. Water Improvements
ITEM NO. DESCRIPTION QUANTITY I UNIT CONTRACT UNIT TOTAL COST
PRICE
18 'PVC Pressure Pipe-8" 7,972 $25.00 $199,300.00
19 Gate Valve-8" 351 $1,200.00 $42,000.00
20 Ductile Iron Fittings-8" 23' $500.00 $11,500.00
21 Fire Hydrant 16 $4,600.00 $73,600.00
.......... 22 Water Service Connection-Single 141 $1,000.001 $14,000.00
23 'Water Service Connection-Double 142, _ $1,250.00! $177,500.00
24 Connection to Existing Waterline 8 $2,500.00 $20,000.00
D. Water Improvements Subtotal: $537,900.00
E. Storm Sewer Improvements
ITEM NO. DESCRIPTION QUANTITY UNIT CONTRACT UNIT TOTAL COST
PRICE
25 18"Reinforced Concrete Pipe Culvert , 1,670 LF $62.50 $104,375.00
26 124 Reinforced Concrete Pipe Culvert 2,020' LF $75.00' $151,500.00
27 36"Reinforced Concrete Pipe Culvert 120 LF $95.00 $11,400.00
28 42"Reinforced Concrete Pipe Culvert 120 LF $75.00 $9,000.00
29 +5'Curb Inlets 52 EA $2,750.00. $143,000.00
30 24"Headwall/Outfall 10 EA $4,500.00' $45,000.00
31 36"Headwall/Outfall _ 4 EA $5,500.00 _ $22,000.00
32 42"Headwall/Outfall 6 EA $6,000.00 $36,000.00
E. Storm Sewer Improvements Subtotal: $522,275.00
............
Exhibit 4 Page 1 of 3
F. Street Improvements
ITEM NO. DESCRIPTION QUANTITY UNIT CONTRACT UNIT TOTAL COST
PRICE
33 1-1/2"HMAC includinLPrime Coat 34,700 SY $10.00 $347,000.00
34 6"Lime Stabilized Subgrade 39,150 SY $4.00 $156,600.00
35 8"Lime Stabilized Base 39,150 SY $8.00 $313,200.00
36 Curb and Gutter 20,350 LF $10.00 $203,500.00
37 Concrete Sidewalk 75,900 SF $4.50 $341,550.00
38 ADA Ramps 48 SF + 1 $1,000.00 $48,000.00
39 Traffic Control 2 LS , $3,500.00 $7,000.00
F. Street Improvements Subtotal: $1,416,850.00
Estimated On-Site Construction Costs: $4,347,506.25
Professional Services
ITEM NO. (DESCRIPTION I FEE
1 'Engineering(7.5%) $326,062.97
2 Topographic Surveying $35,000.00
3 Contract Administration $45,000.00
4 ,Testing(0.5°i) $21,737.53
Professional Services Subtotal: $427,800.50
TOTAL ESTIMATED ON-SITE COSTS: $4,775,306.75
OFF-SITE SANITARY SEWER COSTS
A. Storm Water Pollution Prevention
ITEM NO. DESCRIPTION QUANTITY UNIT CONTRACT UNIT TOTAL COST
PRICE
1 Reinforced Filter Fabric Fence 1,900.00 LF $3.75 $7,125.00
- _
2 Stabilized Construction Entrance 2.00 LS $2,000.00 $4,000.00
3 Post Construciton Seeding 1.00 LS $3,000.00 $3,000.00
A. Storm Water Pollution Prevention Subtotal: $14,125.00
B. Site Preparation and Improvements
ITEM NO. DESCRIPTION I QUANTITY I UNIT CONTRACT UNIT TOTAL COST
PRICE
4 Moblization and Demobilization1.00: LS $13,000.00 $13,000.00
5 Site re-Grading 1.00 LS $11,000.00 $11,000.00
B. Site Preparation and Improvements Subtotal: $24,000.00
C. Sanitary Sewer Improvements
ITEM NO. DESCRIPTION QUANTITY UNIT CONTRACT UNIT TOTAL COST
PRICE
6 9'-il'Deep-12"PVC Sanitary Sewer 1,291.00 LF $140.00 $180,740.00
7 111-13'Deep-12"PVC Sanitary Sewer 420.00 LF $148.00 $62,160.00
8 113'-15'Deep- 12"PVC Sanitary Sewer 191.00 LF $168.00 $32,088.00
9 OSHA Trench Safety 1,902.00 LF $5.99 $11,400.00
10 4'Diameter Manhole(9'-11'depth) 2.00 EA _ $10,000.00 $20,000.00
11 4'Diameter Manhole(11'-13'depth) 3.00 EA $12,000.00 $36,000.00
12 4'Diameter Manhole(13'-15'depth) _ 2.00 EA $14,000.00 $28,000.00
13 20"Steel Casing and Boring(under Ennis Joslin) , 115.00 LF $495.00 $56,925.00
14 Dewatering/Well Pointing 1,900.00 LF _ $35.00 $66,500.00
15 Connect to existing MH(15'aproximate depth) 1.00 LS $9,500.00 $9,500.00
16 Traffic Control 1.00 LS $3,500.00 $3,500.00
C. Sanitary Sewer Improvements Subtotal: $506,813.00
Estimated Off-Site Saniatry Sewer Construction Costs: $544,938.00
Professional Services
ITEM NO. DESCRIPTION FEE
1 Engineering $44,870.35
2 Topographic Surveying $6,000.00
4 ,Testing 52.724.69
Professional Services Subtotal: $53,595.04
TOTAL ESTIMATED OFF-SITE SANITARY SEWER COSTS: $598,533.04
TOTAL ESTIMATED PROJECT COSTS: $5,373,839.79
Exhibit 4 Page 2 of 3
Engineer Estimate of Project Costs
Title: Sandy Creek-Off-Site Trunk Main Reimbursement
Owner: Palm Land Investments,Inc.
Contact: Dan Caballero II
5949 La Costa Naismith
Address: Corpus Christi,Texas 78414 Engineering,Inc
Phone: (361)765-2166 4501 Gollihar Road.
Corpus Christi,TX 78411
Engineer: Craig Thompson,P.E. 361-814-9900 Fax 361-814-4401
Address: 4501 Gollihar Road
Corpus Christi,Texas 78411
Phone: (361)814-9900 Date of Estimate: August 13,2014
A. Storm Water Pollution Prevention
ITEM NO. DESCRIPTION QUANTITY UNIT CONTRACT UNIT TOTAL COST
PRICE
1 Reinforced Filter Fabric Fence 1,900.00 LF $3.75 $7,125.00
2 Stabilized Construction Entrance 2.00 LS $2,000.00 $4,000.00
3 Post Construciton Seeding 1.00 LS $3,000100i $3,000.00
A. Storm Water Pollution Prevention'Subtotal: $14,125.00
B. Site Preparation and Improvements
ITEM NO. DESCRIPTION QUANTITY UNIT CONTRACT UNIT TOTAL COST
PRICE
4 Moblization and Demobilization 1.00 LS $13,000.00 $13,000.00
5 Hauling/Site Re-Grading 1.00 LS $11,000.00 $11,000.00
B. Site Preparation and Improvements Subtotal: $24,000.00
C. Sanitary Sewer Improvements
ITEM NO. DESCRIPTION QUANTITY UNIT CONTRACT UNIT TOTAL COST
PRICE
6 9'-11'Deep-12"PVC Sanitary Sewer 1,291.00 LF $140.00 $180,740.00
7 11'-13'Deep-12"PVC Sanitary Sewer 420.00 LF $148.00 $62,160.00
8 13'-15'Deep-12"PVC Sanitary Sewer 191.00 LF $168.00 $32,088.00
9 OSHA Trench Safety 1,902.00 LF $5.99, $11,400.00
10 4'Diameter Manhole(9'-11'depth) 2.00 EA $10,000.00, $20,000.00
10 4'Diameter Manhole(11'-13'depth) 3.00 EA $12,000.00 $36,000.00
11 5' Diameter Manhole(13'-15'depth) 2.00 EA $14,000.00 $28,000.00
12 20"Steel Casing and Boring(Ennis Joslin) 115.00 LF $495.00 $56,925.00
13 Dewatering/Well Pointing 1,900.00 LF $35.00 $66,500.00
14 Connect to existing MH(15'aproximate depth) _ 1.00 LS $9,500.00 $9,500.00
15 Traffic Control 1.00 LS $3,500.00 $3,500.00
.
C. Sanitary Sewer Improvements Subtotal: $506,813.00
Estimated Total Construction Costs: $544,938.00
Professional Services
ITEM NO. DESCRIPTION FEE
1 Engineering $44,870.35
2 Topographic Surveying $6,000.00
4 Testing $2,724.69
Professional Services Subtotal: $53,595.04
Total Offsite Estimated Project Costs: $598,533.04
Lot Fee Credit for 254 Lots: $99,822.00
Letter of Intent for Agreed upon Wastewater System City Participation: $489,711.04
September 30, 2014 Council Approved Partial Reimbursement#1: $243,846.90
Wastewater System City Participation, Partial Reimbursement#2: $245,864.14
Exhibit 4 Page 3 of 3
11114
INSURANCE REQUIREMENTS
CONTRACTOR'S LIABILITY INSURANCE
A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained
and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to
commence work until all similar insurance required of the subcontractor has been so obtained.
B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with
applicable policy endorsements showing the following minimum coverage by an insurance company(s)
acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General
Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable
policies.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-Day Notice of Cancellation required on all Bodily injury and Property Damage
certificates or by policy endorsement(s) Per Occurrence/aggregate
COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence
1. Broad Form $2,000,000 Aggregate
2. Premises—Operations
3. Products/Completed Operations Hazard
4. Contractual Liability
5. Broad Form Property Damage
6. Independent Contractors
7. Personal and Advertising Injury
8. Professional Liability(if applicable)
9. Underground Hazard(if applicable)
10. Environmental (if applicable)
BUSINESS AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit
1. Owned
2. Hired&Non-owned
3. Rented& Leased
WORKERS' COMPENSATION Which Complies With The Texas Workers'
(for paid employees) Compensation Act And Paragraph II Of
This Exhibit.
EMPLOYER'S LIABILITY $500,000/ $500,000/ $500,000
PROPERTY INSURANCE Contractor shall be responsible for insuring all owned,
rented, or leased personal property for all perils.
C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with
copies of all reports of such accidents within ten (10)days of the accident.
Exhibit 5 Page 1 of 3
•
H. ADDITIONAL REQUIREMENTS
A. Co I .ctor must obtain workers' compensation coverage thro a licensed insurance company in
ace . a ance with Texas law. The contract for coverage must be- - itten on a policy and endorsements
approved by the Texas Department of Insurance. The coverage provided must be in amounts
sufficient to assure that all workers'compensation obligations incurred will be promptly met. An"All
States endorsement shall be included for Companies not domiciled in Texas.
B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract,and any
extension hereof,at Contractor's sole expense,insurance coverage written on an occurrence basis,by
companies authorized and admitted to do business in the State of Texas and with an A.M.Best's rating
of no less than A-VII.
C. Contractor shall be required to submit replacement certificate of insurance to City at the address
provided below within 10 days of the requested change. Contractor shall pay any costs incurred
resulting from said changes. All notices under this Article shall be given to City at the following
address:
City of Corpus Christi
Attn: Risk Management
P.O. Box 9277
Corpus Christi, TX 78469-9277
(361) 826-4555-Fax#
D. Contractor agrees that with respect to the above required insurance,all insurance policies are to
contain or be endorsed to contain the following required provisions:
• List the City and its officers,officials,employees,volunteers,and elected representatives as additional
insured by endorsement, or comparable policy language, as respects to operations, completed
operations and activities of,or on behalf of,the named insured performed under contract with the City.
• The "other insurance" clause shall not apply to the City of Corpus Christi where the City is an
additional insured shown on the policy;
• Workers'compensation and employers'liability policies will provide a waiver of subrogation in favor
of the City; and
• Provide thirty (30) calendar days advance written notice directly to City of any suspension,
cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days
advance written notice for nonpayment of premium.
E. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at
any time during this contract.Failure to provide and to maintain the required insurance shall constitute
a material breach of this contract.
F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain
any insurance or policy endorsements to the extent and within the time herein required,the City shall
have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which
become due to Contractor hereunder until Contractor demonstrates compliance with the requirements
hereof.
Exhibit 5 Page 2 of 3
G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may
be held responsible for payments of damages to pers s or property resulting from Contractor's or its
subcontractor's performance of the work covered u�er this agreement.
H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to
any insurance or self insurance carried by the City of Corpus Christi for liability arising out of
operations and completed operations and activities under this agreement.
I. It is understood and agreed that the insurance required is in addition to and separate from any other
obligation contained in this agreement.
Exhibit 5 Page 3 of 3
•
iti
City of Corpus Christi,Texas
Department of Development Services
City, O_j.j` P.O.Box 9277
Corpus Christi,Texas 78469-9277
• (361)826-3240
Corpus Located at: 2406 Leopard Street
r
(Corner of Leopard St.and Port Ave.)
=Christi
..."........
DISCLOSURE OF INTERESTS
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the
City to provide the following information. Every question must be answered. If the question is not applicable,
answer with"NA".
NAME: t4t. L A f--6 L
� N!/L--si-nntsv-t INC
/
STREET: CVf, La C oir,l CITY: Co.e Pus C/I f£csrc ,T k ZIP: 76 g(11
FIRM is: LE Corporation ❑Partnership 0 Sole Owner 0 Association 0 Other
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest"
constituting 3%or more of the ownership in the above named"firm".
Name Job Title and City Department(if known)
Kl14
2. State the names of each `official" of the City of Corpus Christi having an "ownership interest"
constituting 3%or more of the ownership in the above named"firm".
Name Title
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/1
4. State the names of each employee or officer of a"consultant"for the City of Corpus Christi who worked
on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or
more of the ownership in the above named "firm".
Name Consultant
N(/"J
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 City of Corpus Christi,Texas as changes occur.
Certifying Person: MA2r A L . C•ii.13.4 It E'2o Title: via.-- ii,Q h s%htIA-Ar
(Print)
.401. i
Signature of Certifying Person: .---P- `�'`''� Date: - 040/c—
K:\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENT\ORDINANCE ADMINISTRATION\APPLICATION FORMS\FORMS AS PER LEGAL\2012\DISCLOSURE OF INTERESTS Page 1 of 2
STATEMENT I.27.12.DOC
Exhibit 6
•
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
holding 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.
K\DEV ELOPMENTSV CS\SHARED\AND DEVELOPMENT\ORDINANCE ADMINISTRATION\APPLICATION FORMS\FORMS AS PER LEGAL\2012\DISCLOSURE OF INTERESTS
STATEMENT I.27.12.DOC Exhibit 6 Page 2 of 2
City of Corpus Christi,Texas
Department of Development Services
City of P.O.Box 9277
Corpus Christi,Texas 78469-9277
(361)826-3240
d6
Corpus Located at: 2406 Leopard Street
rearulimmilv —Christi (Corner of Leopard St.and Port Ave.)
Baal^ra/
DISCLOSURE OF INTERESTS
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the
City to provide the following information. Every question must be answered. If the question is not applicable,
answer with"NA".
NAME: /944 A.A 14.x,3 X,-il/rsr.nL-rte/ kw_
STREET: 31yy Ca CosTA CITY: 6°-e/"' (H.c<scz / 71, �3
ZIP: 7Y/r7
FIRM is: Corporation ❑ Partnership ❑Sole Owner ❑Association ❑ Other
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest"
constituting 3%or more of the ownership in the above named "firm".
Name Job Title and City Department(if known)
N/r4
2. State the names of each `official" of the City of Corpus Christi having an "ownership interest"
constituting 3%or more of the ownership in the above named "firm".
Name Title
N/h
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/4
4. State the names of each employee or officer of a"consultant"for the City of Corpus Christi who worked
on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or
more of the ownership in the above named "firm".
Name Consultant
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 City of Corpus Christi, Texas as changes occur.
Certifying Person: b A w CA i3 tt Cc E i Title: I2 /`d c�"T
(Print)
Signature of Certifying Person: / Date: 5(2 ---(&eft C
K:\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENT‘ORDINANCE ADMINISTRATION\APPLICATION FORMS\FORMS AS PER LEGAL\2012\DISCLOSUINTERESTS Page 1 of 2
STATEMENT1.27.12.DOC Exhibit 6
'
•
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
holding 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.
K:\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENTORDINANCE ADMINISTRATION APPLICATION FORMS`.FORMS AS PER LEGAL\2012\DISCLOSURE OF INTERESTS
STATEMENT I.27.12.DOC Exhibit 6 Page 2 of 2
t I
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Doc 2117.11. 1:1247 5 .5
Pages 24
07/0b/2015 3:39PM
Official Records of'
NUECES COUNTY
KARA SANDS
COUNTY CLERK
Fees $107.00
Any provision herein which restricts the Sale,
Rental or use of' the described
REAL PROPERTY because of' Race, Color,
Religion, Sex, Handicap: Familial Status, or
National Origin is invalid and unenforceable
under FEDERAL LAW, 3/12/89.
STATE OF TEXAS
COUNTY OF NUECES
I hereby certify that this instrument was FILED
in file number sequence on the date and at the
time stamped herein by me, and was duly RECORDED
in the Official Public Records of
Nueces County, Texas
KARA SANDS
..1,,,Cf;:,...
r.