HomeMy WebLinkAbout032645 ORD - 01/25/2022Ordinance authorizing a Wastewater Collection Line Extension
Construction and Reimbursement Agreement with IHS Consultants, LP to
construct off-site sanitary sewer improvements for a planned commercial
development, Park Springs IHS, Blk 1, Lots 1-3, located on River Hill Dr and
south of Northwest Boulevard (FM 624), with a completion date of 24
months; transferring $30,400.30 from the Wastewater Trunk System Trust
Fund to the Wastewater Collection Line Trust Fund; and
appropriating $87,463.77 from the No.4220-21801 Wastewater
Collection Line Trust Fund to reimburse the Developer per the agreement.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City Manager or designee is authorized to execute a Wastewater
Collection Line Extension Construction and Reimbursement Agreement (Agreement)
attached hereto, with IHS Consultants, LP for the construction and installation of 997
linear feet of 8 -inch wastewater collection line which will tie into an existing manhole, to
provide wastewater service for the planned commercial subdivision named Park Springs
IHS, Block 1, Lots 1-3, Corpus Christi, Texas.
SECTION 2. In the event of project delay, the City Manager or designee is authorized to
execute an extension of the Agreement for a period not to exceed a period of 24 months.
SECTION 3. Funding in the amount of $30,400.30 is transferred from the No. 4220-
21800 Wastewater Trunk System Trust to the No.4220-21801 Wastewater Collection Line
Trust Fund.
SECTION 4. Funding in the amount of $87,463.77 is appropriated from the No.4220-2180
Wastewater Collection Line Trust Fund to reimburse the Developer for the off-site sanitary
sewer improvements in accordance with the Agreement.
SECTION 5. This ordinance takes effect upon passage.
032645
SCANNED
That t foregoing ainance was read for the first time and passed to its second reading on this
the day of _] Ul�vt,�2022, by the following vote:
Paulette M. Guajardo
Roland Barrera
Gil Hernandez
Michael Hunter
Billy Lerma
John Martinez Tlbe
Ben Molina 11y,Q
Mike Pusley Ac)7(
Greg Smith
That the foregoing ordinance was read for the second time and passed finally on this the
day of J O .,2022, by the following vote:
Paulette M. Guajardo
Roland Barrera
Gil Hernandez
Michael Hunter
Billy Lerma
John Martinez
Ben Molina
Mike Pusley
Greg Smith
PASSED AND APPROVED on this theday of TO\n,u , 2022.
ATTEST:
Rebebca Huerta
City Secretary
032645.,
.1
Paulette M. Guajardo
Mayor
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 IHS Consultants, LP, ("Developer/Owner"), a Texas Limited Partnership.
WHEREAS, the Developer/Owner, in compliance with the City's Unified Development
Code ("UDC"), has a plat, approved by the Planning Commission on September 5, 2018. Plat
has been extended until March 15, 2022 at September 15, 2021 Planning Commissioning
meeting to develop a tract of land, to wit approximately 3.87 acres known as Park Springs IHS
Blk 1, Lots 1-3, in Corpus Christi Texas 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 ("Collection Line");
WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the
Developer/Owner's costs for the construction of Collection Line;
WHEREAS, it is to the best interest of the City that the Collection Line be constructed to
its ultimate capacity under the City's applicable Master Plan;
WHEREAS, Section 8.5.2.E. 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 Collection Line, 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. TRUSTEE LIABILITY. The City is executing this agreement as trustee of the Wastewater
Trust Fund pursuant to UDC §8.5. The City is acting as trustee to further its governmental
functions of providing water and sewer service. Texas Constitution Article 11, Section 3 prohibits
the City from becoming a subscriber to the capital of any private corporation or association, or
make any appropriation or donation to the same, or in anywise loan its credit. As such, the
City's participation as Trustee does not create a loan of its credit. Execution of this agreement
constitutes a promise to pay only to the extent that the assets and future assets of the trust are
sufficient for such purpose and it is expressly agreed that any judgment will only be satisfied out
of the assets of the trust and not out of the City's assets. The City is excluded from personal
liability.
2. REQUIRED CONSTRUCTION. Developer/Owner shall construct the Collection Line in
compliance with the City's UDC, the City's Infrastructure Design Manual, and all local, state and
federal laws, codes and regulations, in accordance with the plans and specifications submitted
to the City's Development Services Department and reviewed and approved by the City's
Development Services Engineer.
3. PLANS AND SPECIFICATIONS.
a. Developer/Owner shall contract with a professional engineer licensed in the State of
Texas and acceptable to the City's Development Services Engineer, to prepare plans
and specifications for the Collection Line, as shown in the attached Exhibit 3, the
content of such exhibit being incorporated by reference into this Agreement, with the
following minimum requirements:
8" PVC SDR 26 (6'-10' Cut)
400
LF
Embedment
236
LF
OSHA Trench Protection
236
LF
4' Diameter Manhole (6'-8' Deep)
1
EA
Tie to Existing Manhole
1
EA
At -Grade Bore 20- Casing
169
LF
SWPPP
0.5
LS
General Conditions, Bonds and insurance
0.5
LS
Remove and Replace Sidewalk
960
SF
b. The plan must be in compliance with the City's master plans.
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.
4. SITE IMPROVEMENTS. Prior to the start of construction of the Collection Line,
Developer/Owner shall acquire and dedicate to the City the required additional public utility
easements ("Easements"), if any, necessary for the completion of the Collection Line. 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 may use its powers
of eminent domain to acquire the Easements. Developer will be responsible for cost of
acquisition, payable from the reimbursement agreed to in this agreement.
5. PLATTING FEES. Developer/Owner shall pay to the City the required acreage fees and pro -
rata fees as required by the UDC.
6. DEVELOPER/OWNER TO AWARD CONTRACT FOR IMPROVEMENTS. Developer/Owner
shall award a contract and complete the Collection Line, under the approved plans and
specifications, within 24 months of the approval of this Agreement by City Council.
7. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract.
8. 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.
WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION
AND REIMBURSEMENT AGREEMENT
Page 2 of 11
9. 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 Collection Line,
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
Collection Line under the approved plans and specifications.
e. Developer/Owner's contractor fails to complete construction of the Collection Line,
under the approved plans and specifications, on or before within 24 months of the
approval of this Agreement by City Council.
f. Either the City or the Developer/Owner otherwise fails to comply with its duties or
obligations under this Agreement.
10. 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 12, 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;
WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION
AND REIMBURSEMENT AGREEMENT
Page 3 of 11
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.
11. 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.
12. 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:
IHS Consulting, LP
P.O.Box 781354
San Antonio, TX 78278
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
WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION
AND REIMBURSEMENT AGREEMENT
Page 4 of 11
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.
13. THIRD PARTY BENEFICIARY. Developer/Owner's contracts with the professional
engineer for the preparation of the plans and specifications for the construction of the Collection
Line, contracts for testing services, and contracts with the contractor for the construction of the
Collection Line must provide that the City is a third -party beneficiary of each contract.
14. PERFORMANCE AND PAYMENT BONDS. Developer/Owner shall, before beginning the
work that is the subject of this Agreement, furnish a performance bond payable to the City of
Corpus Christi if the contract is in excess of $100,000 and a payment bond if the contract is in
excess of $50,000. Bonds furnished must meet the requirements of Texas Insurance Code
3503, Texas Government Code 2253, and all other applicable laws and regulations. The
performance or payment bond must name the City as an obligee. If the Developer/Owner is not
an obligor, the Developer/Owner shall be named as a joint obligee. The bond must clearly and
prominently display on the bond or on an attachment to the bond:
(1) the name, mailing address, physical address, and telephone number, including the
area code, of the surety company to which any notice of claim should be sent; or
(2) the toll-free telephone number maintained by the Texas Department of Insurance
under Subchapter B, Chapter 521, Insurance Code, and a statement that the address of
the surety company to which any notice of claim should be sent may be obtained from
the Texas Department of Insurance by calling the toll-free telephone number.
15. WARRANTY. Developer/Owner shall fully warranty the workmanship of and function of the
Collection Line and the construction of the Collection Line for a period of one year from and
after the date of acceptance of the facilities by the City's Director of Engineering Services.
16. REIMBURSEMENT.
a. 50% of the cost for the Collection Line less $6,079.77 lot/acreage fee
credit is $87,463.77. 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 Collection Line up to an amount not to exceed $87,463.77 as
shown in the attached Exhibit 4, the contents of such exhibit being
incorporated by reference into this Agreement.
WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION
AND REIMBURSEMENT AGREEMENT
Page 5 of 11
b. The City agrees to reimburse the Developer/Owner on a monthly basis
upon invoicing for work performed. The submitted invoice shall be
deemed administratively complete by the City prior to payment. The
reimbursement will be made no later than 30 days from the date of the
City's administrative approval of the invoice. Developer/Owner shall
submit all required performance bonds and proof of required insurance
under the provisions of this Agreement.
c. Cost -supporting documentation to be submitted shall include:
1. Summary of Costs and Work Performed Form provided by the
Development Services Department
2. Contractor and professional services invoices detailing work
performed
d. The first reimbursement request requires submittal of invoices for work
performed. Future disbursements shall provide evidence of payment by
the developer/owner through a cancelled check or bank ACH for the
previous submittal. The final reimbursement request shall require
evidence that all invoices to date have been paid. To be eligible for
reimbursement, the work must be constructed 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.
The final 5% of the total contract reimbursement amount will be held as
retainage until such time the City issues acceptance of public
infrastructure in accordance with Unified Development Code.
e. 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.
17. PAYMENTS, CREDITS AND DEFERRED REIMBURSEMENT. All payments, credits,
priority of reimbursement, and deferred reimbursement shall be made in accordance with UDC
§8.5. Developer/Owner understands and agrees that if funds are not available in the
Wastewater Collection Line Trust Fund, that reimbursement will not be made until such funds
are available, appropriated, and this Agreement has priority per UDC §8.5.2. E.
18. INDEMNIFICATION. Developer/Owner covenants to fully
indemnify, save and hold harmless the City of Corpus Christi, its
officers, employees, and agents, i"indemnitees") against any and all
liability, damage, loss, claims, demands suits and causes of action of
any nature whatsoever asserted against or recovered from city on
WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION
AND REIMBURSEMENT AGREEMENT
Page 6 of 11
account of injury or damage to person including, without limitation on
the foregoing, workers compensation and death claims, or property
loss or damage of any other kind whatsoever, to the extent any injury,
damage, or loss may be incident to, arise out of, be caused by, or be
in any way connected with, either proximately or remotely, wholly or
in part, the Developer/Owner's failure to comply with its obligations
under this agreement or to provide city wastewater service to the
development, including injury, loss, or damage which arise out of or
are in any manner connected with, or are claimed to arise out of or be
in any manner connected with the construction, installation,
existence, operation, use, maintenance, repair, restoration, or removal
of the public improvements associated with the development
described above, including the injury, loss or damage caused by the
sole or contributory negligence of the indemnitees or any of them,
regardless of whether the injury, damage, loss, violation, exercise of
rights, act, or omission is caused or is claimed to be caused by the
contributing or concurrent negligence of indemnitees, or any of them,
but not if caused by the sole negligence of indemnitees, or any of
them, unmixed with the fault of any other person or entity, and
including all expenses of litigation, court costs, and attorney's fees,
which arise, or are claimed to arise, out of or in connection with the
asserted or recovered incident.
This indemnity specifically includes all claims, damages, and
liabilities of whatever nature, foreseen or unforeseen, under any
hazardous substance laws, including but not limited to the
following:
(a) all fees incurred in defending any action or proceeding
brought by a public or private entity and arising from the
presence, containment, use, manufacture, handling,
creating, storage, treatment, discharge, release or burial on
the property or the transportation to or from the property of
any hazardous substance. The fees for which the
developer/owner shall be responsible under this
subparagraph shall include but shall not be limited to the
fees charged by (i) attorneys, (ii) environmental
consultants, (iii) engineers, (iv) surveyors, and (v) expert
witnesses.
WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION
AND REIMBURSEMENT AGREEMENT
Page 7 of 11
(b) any costs incurred attributable to (i) the breach of any
warranty or representation made by Developer/Owner in
this agreement, or (ii) any cleanup, detoxification,
remediation, or other type of response action taken with
respect to any hazardous substance on or under the
property regardless of whether or not that action was
mandated by the federal, state or local government.
This indemnity shall survive the expiration or earlier termination
of the agreement.
19. 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.
20. DISCLOSURE OF INTEREST. Developer/Owner agrees, in compliance with the Corpus
Christi Code of Ordinance Sec. 2-349, to complete, as part of this Agreement, the Disclosure of
Interest form attached to this Agreement as Exhibit 5.
21. 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.
22. DEDICATION OF COLLECTION LINE. Upon completion of the construction, dedication of
Collection Line will be subject to City inspection and approval.
23. CERTIFICATE OF INTERESTED PARTIES. Developer/Owner agrees to comply with
Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested
Parties as part of this agreement.
Form 1295 requires disclosure of "interested parties" with respect to entities that enter contracts
with cities. These interested parties include:
(1) persons with a "controlling interest" in the entity, which includes:
a. an ownership interest or participating interest in a business entity by virtue of
units, percentage, shares, stock or otherwise that exceeds 10 percent;
b. membership on the board of directors or other governing body of a business
entity of which the board or other governing body is composed of not more than
10 members; or
c. service as an officer of a business entity that has four or fewer officers, or service
as one of the four officers most highly compensated by a business entity that has
more than four officers.
(2) a person who actively participates in facilitating a contract or negotiating the terms of a
contract with a governmental entity or state agency, including a broker, intermediary,
adviser or attorney for the business entity.
Form 1295 must be electronically filed with the Texas Ethics Commission at
htt2s://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed,
WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION
AND REIMBURSEMENT AGREEMENT
Page 8 of 11
signed, notarized and filed with the City. For more information, please review the Texas Ethics
Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html.
24. CONFLICT OF INTEREST Developer/Owner agrees to comply with Chapter 176 of the
Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required.
For more information and to determine if you need to file a Form CIQ, please review the
information on the City Secretary's website at http://www.cctexas.com/government/city-
secretary/conflict-disclosure/index
25. AUTHORITY. All signatories signing this Agreement warrant and guarantee that they have
the authority to act on behalf of the entity represented and make this Agreement binding and
enforceable by their signature.
Remainder of page intentionally left blank; signature page to follow.
WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION
AND REIMBURSEMENT AGREEMENT
Page 9 of 11
EXECUTED IN ONE ORIGINAL this _ day of , 2022.
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta
City Secretary
APPROVED AS TO LEGAL FORM:
,6t,2c 1z-104(
fita2
Buck Brice (Date)
Assistant City Attorney
For City Attorney
WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION
AND REIMBURSEMENT AGREEMENT
Al Raymond
Director of Development Services
For City Manager
Page 10 of 11
DEVELOPER/OWNER:
IHS Consultants, LP.
P.O. Box 781354
San Antonio, Texas 78278
By:
STATE OF TEXAS
COUNTY OF 5140,,r—
(Developer) IHS Consultants, LP
Ismael H. Salazar
This instrument was acknowledged before me on %t6►414.44 cl , 2021, by
Ismael H. Salazar, (Developer) IHS Consultants, LP, a Texas Limited Partnership, on behalf of
said corporation. r n
ADRIANA NAVA
Notary ID #130972492
My Commission Expires
January 20, 2025
WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION
AND REIMBURSEMENT AGREEMENT
Notary Public's Signature
Page 11 of 11
Notes:
1. Total plotted area contains 3.87 Acres of Land. (Includes Street
Dedication)
2. The receiving water for the storm water runoff from Ihb property is Ue
0. Creel, The TCEO has not classified the aquatic life use Mr the 00
Creel, but it is reaogniced as a m
enlally sensitive area. me Oso
Creek Rowe directly into the Oso n Boy.The 10E0 hos classified the
equal.0 life use far the No Bay as"exceptional- and 'oyster watere
and categorized the receiving water os contact recreation' use.
3. Grid Bearings and Distances shown hereon am referenced to the Tams
Coordinate System of 1983, Texas South Zone 4205. and ore based on
the Nath American O0Wm of 1983(2011) Epoch 2010.00.
4. 8y graphic plotting only, this property1
c n Zone 'C' on Flood Marone..
Rate Map, Community Panel No. 485494 0257 C. Nueces County. Texas,
which bears an effective date of March 18. 1985 and Flood Insurance
Rale Map. Community Panel No. 485484 0107 C. Corpus Christi. Texas,
which bears an effective date of Jury 18, 1985, and it is not iocoted
In a Special Flood Nocard Area.
5. The yard requirement. as depicted, a requirement of lire Unified
Development Code and is subject to change as the coning may change.
6. Access ovasa lot lines shop not be obstructed.
7. 30440' Shared Access Easement along Northwest Boulevard applies to
existMg Lot 38. Block 2. Nueces River Irrigation Padt and Lot 1, Block
1 of this pleb
8. Driveway access
onto Northwest Boulevard (FTA 624) Is prohibited from
Lot 2. Lot 1 shall have shared acces, with Lot 3B. 1310Cl 2.
11E•
_me.
5/e Pan est Pad ell.
Exhibit 1
Vitteew'ti 1n ethm- Gena
• 5re Inch Pan Rea weir
tl pestle sap n
URRAx Emil uiX Ovt
• 5/0 MM son Ree raun0 -
• s/e .oh iron Rad aim
r'VOSIVIRPIT AWL,.
d 3/4 ares sin floe row.
Phar of
Park Springs IHS
Block 1, Lots I through 3
3.87 Acres out of a called 10.1947 Acre Tinct,
being the East 1/2 of the East 1/2 of Lot 3,
Block 2, Nueces River Irrigotian Park, a mop of
whichs recorded in Volume A, Page 54. Map
Recordsof Nueces County, Texas; said 10.1947
Acre Tract being the same property described in
Warranty Deed with Vendor's Lien from 624 Market
Square timtied Partnership to IHS Consultants, LP,
recorded in Document No. 2009023698, Official
Public Records of Nueces County, Texas.
At Lfik11leki_3r.]�
9. 11 Onp I01 2 developed with r idmtlel usescomPllance wi1M1 lir! OpTrr try Eue„m�a,4.�a.mevttw Narih8M Batdtwmd
space regulation aril? be required during the bulamq permit pM1aae. o�r� w- _ _ t� 024)
M+. 230. sat ml. p00.c 11
_W Y
C 13Nz rol5v.
sats a Texw
Cam1Y a Nueces
This 000 plot a0poved y the Capue 0,0 2018 Mrn-
Canly Hedth 0o, pboenl. mM 000 of
Own be *pp.. by the Carpus 000010- m ecnmty
heats Moor,. prior to wetdbDon.
Laurent WA
MamasCou058. 0,4* Department
State of Texasp
County of Mimeo
INS Camila,. LP, Beeby vilifies MatIt hi the al the loads broced withk Us
bwndarlee ar t e Mr... plat,that owner an
It hoe had odd ,ds surveyed end oubdMded m
.hewn: that streets mown are Mdimtea to the public use Imevc. tial ea'ar
Moware n odell. d to the public use M U inatolbtlon, operation and uor public
utelthie and that this map was mode for the purpme of desalptkn one dtlkalian.
this Me day of _ 00
80 MS management Teen, I1.0. fie genera partner
89
Ismael 1. 500001. member
07
Esther R. Salaam. IMltad partner
State of Teem
County of Nueces
This instrument me acknowledged Wore me by Ismael H. 50o0ar, oar member of IHS
Management Team, LLC, general partner of :HS Cms0lmta LP. an .shalt of eck entity 0'
sok capacity.
ThM the day of
20 -
Notary Public h me for the State of Telae
State al Ta
County al Nes ear
Thio ' Wmenl v 0001004ed before me by
Esther R. S0asar, as limited partner of
1145 00,02t... 1P. on 01 sok entity n Sold capacity.
Ms the day of __ . 20-
Notary
0_
No ry Public 1n and lar the Slate of Taxes
Slate of Taxos
County of Nowa.
rc Anal phi of 0510 herein 0escr0ed proPerly 004 0,010000 by 0510 006001.0.05 0? Dealopment
Service. of Me Clip of Corp... *ash, Texas.
This the _ day of
20
00001.0 J. Green. P.E.
Development Ser icee Engineer
State al texas
k' County of Nines
Th. final plot e1 the herein describer) progeny woe approved on Pellet of the City of 00pue 0,0.52
Texas by me Plm.ng Commission.
-ml, daya
150 100 50
00 200
01t0,0.7050
50050
Hina Mon -Mea , MCP
Secretary
20
9110 01an10,1.01. P.E
0010n
State of Texas
County of Nueces
I, Nara Sands, Clef of the County Court N and foraid County, do hereby certify Mas the foregoing
Instrument dated the _ day of 20- 00910 aertlemte of authentication .
Med l0, record a mY ofece the _ say al 20 et o'clock _JI., and
i
00y recorded the _ day of 20_. at _ O'.ock 4.. In said County i
glume - Page Map Recoree.
`905,0.0 ror 51000
nd annset
t ofwrimenthe k County Court, and for said County. of office in Carpus Christi,
T.xa., m. dor aa.
ids for Record
of
00ock
20
60. de, County Clerk
NuelSan. County. Texoe
fiy
Deputy
State o1 Texas
Cagily of Minn.
les D. Cartveyor
, 0 Registered Profession. Lana Surfor Baum En9neekg, have prepared U
foregoing map from a survey mod m the ground un myth direction and is Kl to the
best I my MOwledg0 'n aliment 00b1 5 how ] gaged under .. moll Let
_ Mock comesd ono
hove
such operations eiU due aria treasonable diligence
aonelelent ah sauna prat sionai practice.
nth the _ day of
20
?sloe uaenen v,. arse
tiURBAN
E.NGINEEPNG
Suomitted: 06/26/18
SCALE 1'0100
JG'B NO., 43223.0001
SHEET: 1 of 1
ORA*. By. 90
owls o
wn.:H snare tnevw,Hacareagn
Exhibit 2
APPLICATION FOR SEWER LINE REIMBURSEMENT'
I, Il -IS Consultants, owner and developer of proposed Park Springs ITIS, Block 1, Lots_ 1 through 3,
hereby request reimbursement of $87,463.77 for the installation of the sewer collection line in
conjunction with Park Springs II IS, Block 1, Lots 1 through 3, as provided for by City Ordinance No.
032357. Said $87,463.77 is the construction cost, including l2% Engineering, in excess of the lot/acreage
fee, as shown by the cost supporting documents attached herewith.
(Developer) IHS Consultants, LP (Date)
Ismael H. Salazar
THE STATE OF TEXAS 0
COUNTY OF NUECES o
This instrument was acknowledged befhre me on iwut,< 52021 by I JMGQ, . Sh14-iw
CERTIFICATION
XAVIER GALVAN
Notary ID #125186163
My Commission Expires
February 1, 2025
Not Publi in an• r Nueces County, Texas
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 Collection/Trunk Line Trust Fund
(b) appropriation and approval by the City Council
(C-44-(4.04er)
Oev2(opri40wt Ser✓dc-05
LN6-t R-
Exhibit 2
APPLICATION FOR SEWER LINE CREDIT
1, IHS Consultants, owner and developer of proposed Park Springs IHS, Block I, Lots 1
through 3, hereby apply for $6,079.77 credit towards the sewer lot/acreage fee for the collection line
extension installed in conjunction with Park Springs ITIS, Block 1, Lots 1 through 3 as provided for by
City Ordinance No. 0323.57. The off-site construction cost, including 12% Engineering, is
$187,087.82 as shown by the cost supporting documents attached herewith.
7,7
(Developer) [HS Consultants, LP (Date)
Ismael H. Salazar
THE STATE OF TEXAS a
COUNTY OF NUECES o
This instrument was acknowledged for me
XAVIER GALVAN
Notary ID #125186163
My Commission Expires
February 1, 2025 p
Notal , Public "V' for Nu es County, Texas
CERTIFICATION
The information submitted with this application has been reviewed and determined
to he correct and a credit for $ 67/ is herewith approved.
Directo r-e+-E-frtifteefittg
0E,,.8115yrAekt Srr erc. 5
F-1iff k e
Date
Exhibit 3
CONSTRUCTION PLANS
FOR
PARK SPRINGS IHS, BLOCK 1, LOTS 1-3
PUBLIC SANITARY SEWER AND SIDEWALK IMPROVEMENTS
ITEM
DESCRtPIION
UNIT
ESTIMATED
QUANTITY
SF
A. PAVING IMPROVEMENTS:
AI Demolition of Existing Sidewalk
A2 Demolition of Existing ADA Ramp_..._... EA
1. A3 ADA Ramo.w7 Detectable Warning EA 1
i A4 Sidewak SF 4.480
1,83f1
IB. SANITARY SEWER IMPROVEMENTS:
L 81 Leto 6citinlg 4' Dlann49er Manhole EA - 1
1 B2 8' PVC SDR -26 (4'-6' Cul) 1F 127
1 B3 8' PVC SOFT 26 (R-8' Cul) LF 160
j 64 8" PVC SDR 26 (8'-1o. Cul)LF 541
65 OSHA Trench Protection LF 996-
86 Embedment -... LF 898...
87 4' Diameter Manhole EA 4
08 Pilot Tube Guided Bore Installation LF 163
_..
69 SCtI 40. 20' Steel Casing IF 163
CORPUS CHRISTI, TEXAS
UCA110. Mer
CONTRACTOR IS RESPONSIBLE FOR KOREA, THE
CII, OF CORPS 00211 CONSTRUCTOR 6000rON
OEPARIKNT 1,026-1240) AT LEASE TxREE 00MNG
OAPS N ADVANCE 00 diONNNO ANY RORK ON RJnL
YVRO4EYEN10. NERCO wissw4EN5 040.2,E
MATER. 0400206 SSR, STORY SEWER ANO
STREET 0R 0014601 W010 ON OR RCNG N10
PUBJ: 1ACURES.
113 11L-NRG STAK!W8 94x15 SPft1LLLY
4480IR0 8110'4' 1126 BEEN S'1LERD 61 RE OR
2i01 0f RIMPx6®IE S30(046SO AS BENG
0111004E TO 136 306100.
Pr
CITY STANDARDS INDEX
CITY OF C.C. STANDARD CURB. GUTTER AND SIDEWALK DETAILS 1 OE 1
CITY OF C.C. STANDARD PEDESTRIAN CURB RAMP DETAILS 1 CF 4
CITY OF C.C. STANDARD PEOE5TRWN CURB RAMP 00413 2 OF 4
CITY OF CC. STANDARD 310500RLAN CURB RAMP DETAILS 3 OF 4
CII' OF C.C. STANDARD PEDESTRIAN CURB RAMP DETAILS 4 OF 4
CRY OF C.C. STANDARD WASTEWATER DETAILS 1 01 4
CIN DF C.C. 51040000 WASTENATER 00.3215 "2 OF 4
CO WASTEWATER O
COY 05 C.C. STANDARD WASTEWATER DETAILS 4 OF 4
ENGINEER'
MURRAY F. HUDSON, P.E.
0411*110 signed by Nrett
3N:111=410111.11.nt. P L.
o—itY of Corpusihs:st.
—Dvzlopmen1
Sen
mail=Bren5€,CCTexas 1
`m=15
, 20]' ^.923
1 1.32.=3 OS'00'
r URBAN
ENGINEERING
JOB NO. 43223.01.00
DATE: SEPTEMBER 2021
1
OF 5
Exhibit 3
RREUMINARY
DEM
3. SIDEWALKS AND DRIVEWAYS
4. CERN +AND IEIER
j, All URLIRE5
77.7.7.77
8. WRIER UNE$ 1 411E8C
,+e.o.m,. :.m . �... n mom.... o. a•..o, .+ w.a.
ERCf4SEC_Sw c
VCS. �o �n�u...�:m DiValiv None by 9.411 f. f.1 et,
9 GAS LINES DN. cn=9reltF Flint. E., o=City0.00.0 .o
ofCorpus Choct.
Mz s..exm.ou:.sw s+sera..=•.:ayu=lleveloc nt Sei.i_
i.D�SILT�II ANF(�jw email=6rcllGeACCrex c=V9
Date. 20210913133306 060G" •.
Il. TRAFFIC
12..«SURVEY
4:41:*0.».....2A......N w....A, as 221. +. ,.
13 NOTIFICATION REOUIREMENT$
744.0
14. CCNIRACTGR'S RFSPUNSIBIU7lEg ..wr
Si AD% 4. Nei': Lat:2EitCntli'E
Val Sie3,,
101 xi'
- DRIV,S104. Va.
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save". am.
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€93 nn ec.v WA a.... R+x
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A
FEDWABIE GRGU' MA'.E(21AE
0777y v.777,
vLvsvy
NOTE: URBAN ;NC3&23 VG ALL a.90NCE
CCNS1RUClIfN STAKING ANO '3314)1.
2X4988412 44 4 1144 rA.N2G4 AT
361-P54-A1V E% 224
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Exhibit 3
A
CALL BEFORE YOU DIG!
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Exhibit 3
90
I r
li
30
19
199 otr:
h P
;rys ,,Z-14 i ' •
cr ,
0+00 1.00 740 303 4+00 5401 4-a-0 7400
SANITARY SEWER LINE A PROFILE VEW
186
5
5
170
NOTE: THE CONTRACTOR SHALL
HAVE ALL EXISTING UTIUTIES
(WITHIN FM 624 ROW LOCATED
[HORIZONTALLY AND VERTICALLY
PRIOR TO START OF
CONSTRUCTION TO VERIFY THAT
;THERE ARE NOT ANY CONFLICTS
WITH PROPOSED BORE.
Digitally 454ed by Brett
F. 04+4.40.
oN. cn=Brett i. Flint. P E.,
u=City of Coipvs Clsnsl.
ou.Development
Svices.
email=BrettFP-CCI exas
Date. 2021.09.'3 t 394.34
-05'00'
PLAN AND PROFILE UNE A
Io
z
L7
w
1 11(
J
Ns
art
9lLf
4
Exhibit 3
SANITARY SEWER UNE B PLAN
VIEW
NOTE: THE CONTRACTOR SHALL
HAVE ALL EXISTING UTILITIES
WITHIN FM 624 ROW LOCATED
!HORIZONTALLY AND VERTICALLY
1PRIOR TO START OF
CONSTRUCTION TO VERIF( THAT
THERE ARE NOT ANY CONFLICTS
WITH PROPOSED BORE.
939
90
0+00
+30 2+00 3.90
SANITARY SEWER LINE B PROFILE VEW
Dig.tally ;icxned bx Brett
X_ Flint. P E
009 ,0,0113 Fl.nx
PE .13, -.City a Corpxs
0,r1,+, 3,0evelopmxn3
emall=13rettF€CCIexas
021+ 2021 0923
35 2/ 05 3C'
5
PLAN AND PROFILE LINE B
5
or _5_
Exhibit 4
PRELIMINARY ESTIMATE
FOR
PARK SPRINGS IHS,
BLOCK 1, LOTS 1 - 3
Corpus Christi, Texas
UE Job No. 043223.C1.00
Oct. 11, 2021
ITEM
DESCRIPTION
QUAN.
UNIT
UNIT
TOTAL
PRICE
COST
A. SANITARY SEWER IMPROVEMENTS:
1
8" PVC SDR 26 (6'-10' Cut)
997
LF
$110.00
$109,670.00
2
Embedment
997
LF
$10.00
$9,970.00
3
OSHA Trench Protection
997
LF
$2.00
$1,994.00
4
4' Diameter Manhole (6'-8' Deep)
4
EA
$8,500.00
$34,000.00
5
Tie to Existing Manhole
1
EA
$5,000.00
$5,000.00
6
At -Grade Bore 16" Casing
169
LF
$450.00
$76,050.00
7
SWPPP
1
LS
$3,250.00
$3,250.00
8
General Conditions, Bonds and Insurance
1
LS
$18,000.00
$18,000.00
9
Remove and Replace Sidewalk
960
SF
$10.00
$9,600.00
TOTAL ESTIMATED IMPROVEMENTS COSTS:
$267,534.00
Contingency @10%:
$26,753.40
Sub -Total:
$294,287.40
Enginerr
ng, Testing and Surveying @ 12%
$35,314.49
Grand Total:
$329,601.89
B. OFF-SITE PORTION ELIGIBLE FOR REIMBURSEMENT
1
8" PVC SDR 26 (6'-10' Cut)
400
LF
$110.00
$44,000.00
2
Embedment
236
LF
$10.00
$2,360.00
3
OSHA Trench Protection
236
LF
$2.00
$472.00
4
4' Diameter Manhole (6'-8' Deep)
1
EA
$8,500.00
$8,500.00
5
Tie to Existing Manhole
1
EA
$5,000.00
$5,000.00
6
At -Grade Bore 20" Casing
169
LF
$450.00
$76,050.00
7
SWPPP
0.5
LS
$3,250.00
$1,625.00
8
General Conditions, Bonds and Insurance
0.5
LS
$8,500.00
$4,250.00
9
Remove and Replace Sidewalk
960
SF
$10.00
$9,600.00
TOTAL ESTIMATED REIMBURSEMENT:
$151,857.00
Contingency @ 10%:
$15,185.70
I
1
Sub -Total:
$167,042.70
Enginerr
ng, Testing and Surveying @ 12%
$20,045.12
GRAND TOTAL:
$187,087.82
Maximum Allowable Reimbursement
50% of off-site extension cost = 0.50 x 187.087.82 = $93,543.54
MAX. Reimbursement: $93,543.54
Less Acreage Fee Credit:
$6,079.77
Reimbursement less Acreage Fee:
$87,463.77
1 of 1
NAME:
DISCLOSURE OF INTERESTS
Exhibit 5
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".
IHS Consultants, LP
STREET: P.O. Box 8176
FIRM is:
Corporation )Partnership
CITY: Corpus Christi
ZIP: 78468
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
N/A
Job Title and City Department (if known)
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
N/A
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
N/A
Board, Commission, or Committee
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked
on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or
more of the ownership in the above named "firm".
Name Consultant
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.
Ismael H. Salazar
Certifying Person
(Print Name)
Signature of Certifying Person: C�
Title:
Date:
General Partner
K DEVELOPMENTSVCS\SHARED1LAND DEVELOPMENT\APPLICATION FORMS''.REZONINGIDISCLOSURE OF INTERESTS STATEMENT 5.'1.2015 DOC
CITY OF CORPUS CHRISTI
CERTIFICATION OF FUNDS
(City Charter Article IV, Sections 7 & 8)
I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized
representative), hereby certify to the City Council and other appropriate officers that the money required
for the current fiscal year's portion of the contract, agreement, obligation or expenditure described
below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has
not been appropriated for any other purpose. Future payments are subject to annual appropriation
by the City Council.
City Council Action Date: Legistar Number: 22-0038
January 18, 2022
Agenda Item:
Ordinance authorizing a Wastewater Collection Line Extension Construction and Reimbursement
Agreement with IHS Consultants, LP to construct off-site sanitary sewer improvements for a planned
commercial development, Park Springs IHS, Bik 1, Lots 1-3, located on River Hill Dr and south of
Northwest Boulevard (FM 624), with a completion date of 24 months; transferring $30,400.30 from the
Wastewater Trunk System Trust Fund to the Wastewater Collection Line Trust Fund; and appropriating
$87,463.77 from the No. 4220-21801 Wastewater Collection Line Trust Fund to reimburse the
Developer per the agreement.(District 1)
Amount Required: (Amount to be Certified) $ $87,463.77
Fund Name
Accounting Unit
AcNoount
Activity No.
Amount
Wastewater Trunk
System Trust Fund
4220-21800-777
540450
$30,400.30
Wastewater Collection
Line Trust Fund
4220-21801-777
540450
$57,063.47
Total
$87,463.77
❑ Certification Not Required
Director of Financial Services Date:
1