HomeMy WebLinkAboutSAM GHANDI IEACity of La Porte Planning Department
INTER -OFFICE MEMO -RAND UM
March 11, 2009
TO: Peggy Lee, Office Coordinator
FROM: Brian Sterling, GIS Manager
RE: 2007-4401— Reimbursement f r S. 13'h St. Improvements
In January of this year, the City executed an agreement with Sam Ghandi for paving, drainage and sewer
improvements associated with the development of Candlewood Suites in the 1200 block of S. 13'h Street.
The agreement stipulates that the City will fund additional widening of the roadway, enlarging of the storm
sewer, and additional sanitary sewer above and beyond what the development would normally have been
required to construct. Based on our executed agreement with Ghandi, the City's level of participation in
this project is $60,000.
Construction of this project is complete and has been accepted by the City effective 8/12108.
Reimbursement to Sam Ghandi will come from GEN 945 — STREET/DRAINAGE PARTICIPATION
(Project No. 015-9892-945).
If you have any questions, please contact me.
Sincerely,
Brian
Ext. 5059
INFRASTRUCTURE EXTENSION AGREEMENT
(With City Participation)
TLCE STATE OF TEXAS:
COUNTX OF RABBIS:
This agreement made this ' day o Lf 200T by and between the
City of La Porte, herein called "City", acting through its City Manager and Sailesh "Sam" Gbaudi, an
individual, of Galveston, County of Galveston, and State of Texas, hereinafter called "owner".
1. All references to "Infrastructure Extensions" hereunder shall, for the purposes of this agreement,
refer to the extension of Concrete Paving (7" thick), Storm Sewer Lines and Sanitary Sewer
Lines along South 1P Street between West "K" & West "L" Streets to serve the
Candlewood Suites development located at 1250 South 13's Street per plans & specifications
prepared by Carnes Engineering, Ine., Job No. 601% Dated November 2007 (Re: CLP
Project No. 2007-8219).
2. Owner is the owner of certain property in Ore City ofLa Porte, Harris Count}; Texas, identified as:
Home Porte Subdivision, Commercial Ykeserve ,B", Lots 1 thru 32, Block 1135, and
abandoned 16' public alley, Town of LaPorte, 2.44 Acres out of the Johnson Hunter Survey,
A-35, La korte, Harris County, Texas. CiWs utilitymain(s) presently do not extend to Owner's
said property. Ownerbas regaested the aforementioned infrastructure extensions to serve Owner's
said
property,
3. City hereby agrees to the construction and installation of the aforementioned irnfrastruchue .
extensions to said property commencing at the nearest existing utility mamn s) of sufficient size
and capacity. Thence along/through City rights -of -way and/or easements to and through said
owner,$ property: Provided, however, that should City not possess all necessary rights -of -way
and/or easements to complete Said infrastructure extensions, Owner shall be solely responsible for
obtaining said additional rights -of way and/or easements atno cost to City.
4. Otivner agrees to pay all costs related to the conshnotion and installation of said infrastructure
extensions including necessary appurtenances in conformance with Cit}�s standards and
specifications for said infrastructure extensions. Owner further agrees to pay all engineering fees
for survey, design, contract documents, bidding, construction staking, and preparation of Record
Drawings upon completion of construction ofinfiashucture extensions.
5. Cit}%s participation in infrastnrcture exiensions shall be limited to the foIlowing:
1
Ovet-sizing of Storm Sewer system along S. 13�' Street (from 24" to 36" & 48")
(Seelkhibit #1—Storm Sewea)
Additiona1360 L.F. of 12" Sanitary Sewer Main
(See Fxhibit #2 —Sanitary Seas�a%
Increased width of S. 13°i Street concrete pavement (7" thick}from 40' to 48'
(see Fxhibit #3 —Road Extension)
6 :Upon ;completion of :conshuction;and.City's acceptance of infrastnactaare ea-tenstons, Owner's
Engineer shall submit to City a statement of the find? construction cost, plus copies of all mvorces
from the project for GSty's review. City's participation in tfie cost of the infrastructure extensions
shall -be equal to and not exceed -eighteen percent (18%) of the final construction cost of the -.'
project or $60,000, whichever is less. This per
is based on preliminary cost estimates of
Both Owner's and CiVs participation in :the infrastructure extensions project by "Owner's
Erig�neer.
7. Subject to theprovisions ofthis agreement, Cityhereby agrees to the consfirction and installation
of said utility main(s) according to the plans and specifications to be prepared by the Owner's
engineer and approved by the City. Upon completion and approval of plans and specifications,
Owner will solicit no less than three (3) competitive quotes for construction of the project When
received, quotes shall be tabulated by the Owner's engineer and a copy of said tabulation shall be
provided to City. City shall approve Owner's selection of a contractor based on the competitive
quotes and City shall authorize contraction of said utility main(s). It is agreed and understood
That the Owner shall pay for any unforeseen costs or cost overrung in the project that result from
circumstances beyond the control of the City.
8. It is agreed and understood that the Owner shalt be responsible for maim®ante of said nti]ity
mains) until final acceptance ofthe conshuction and installation of said utility mains) lay City, at
which time maintenance zesponslbilities of said nfilitymain(s} shall be transferred to City.
9. City agrees to accept the value of the extensions) as a pro rata portion of the prevailing square
footage and/or front footage connection chazge for water and/or sanitary sewer service against said
property belonging to Otivner. Owner shall beresponsible foz all other customary charges.
10. Upon execution of ibis agreement and compliance with terms herein, Owner agrees to begin
construction thereof as soon as the same maybe Iet for contract as herein provided. City shall
regatire the contractor under sa}ch contract to diligently pmsne the construction of the project to
completion.
11. In the event that other owners of property abutting the lines) extended by Owner under this
contract, as shown on the illnaFrations attached hereto as Exhibits "1, 2 & 3" and incorporated by
2
reference herein, shall utilize the cxtended line(s) constructed under this agreement, by making
connection thereto under a permit from City within a pe iod of tea (10) years from and after the
date City has accepted the construction of said facilities by the contractor, City agrees to collect
from said property owners, its prevailing square footage and/or front footage connection fees from
said property owners and to reimburse Owner the amount collected from such property owners,
until Owner has be reimbursed a maximum total of the costs related to the construction and
installation of said limes paid by Owner tinder the terms of this agreement, less amount of City
participation, and less Owner's own connection fees.
COST OF INFI2 $TRDCT W EXTENSIONS
Costs SuppliedbyEngmeer)
$
(/5UQz'
(Z bmj Construction & Installation
l
LESS MY'S PARTICIPATION
F�
LESS OWNERIS CONNECTION FEE(S)
$
EQUM S
$
(Maximum Amount Reimbursable to Owner)
__r ..,..,s,.,,,.r:,,,, ,•„yes f nm (hvner'sEn2ineer.
Note: FYgures enterea adove are o<cveu o.. s.".=M�•.. �Jj••••
N WnNESS WHEREOF, the Parties to these presents
counterparts, each afwhich stall be deemed an original,
(Seal)
ATTEST:�%
EY: ! ' 1 lLtly �—
(City Secretary ofLa Porte)
III 11' 1 i � � I� •��1'
A_ PPROVED AS TO FORM:
CityAttomey
in an
e ecuted this agreement in several
and vfirst mentioned above.
TITLE: CaIfy / UI A
OWNER:
ADDRESS:
L c�
i?4�1 u
Note: If "Owner" is a corporation, Secretary of Corporation should attest.
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La Quinta Inn & Suites
8710 Sea Wall Boulevard
Galvestou, Texas 77554
(832) 766-3305 (office)
(409) 744-0782 (fax)
March 10, 2009
Tim Tietjens
Planning Director
City of La Porte
604 W. Fairmont
LaPorte, Texas 77571
Re: 13°i Street >uxtension
Dear Mr. Tietjens:
Asper your letter dated September 24, 2008, it is my understanding that the following
items are the only outstanding issues remaining in order for me to receive reimbursement
for the extension of 13'h Street for roadway, drainage and sanitary sewer designed and
constructed to City of La Porte standards:
1)
Statement of final construction
cost of the
project (offsite improvements only)
2)
Copies of all invoices from the
project
for
City's review.
To this effect, the final construction cost for off -site improvements only was
$447,982.80. As per the Engineer's project estimate dated September 26, 2007 in the
amount of $3787971.25 it is understood that the hammer head at the "L" Street right-of-
way was omitted from the project scope per City of LaPorte. The amended project cost
with this omission was $328,865.25. The variation between the final construction cost
and the engineer's estimate reflects an increase in material cost. Owing to the fact our
original agreement for City participation in this project was to be $59,037 with a cap of
$60000 I respectfully request monetary compensation in the amount of the latter. As can
be seen from the final construction cost the volatile nature of material cost resulted in a
project cost much higher than anticipated. It is understood that is why the original
agreement had a cap of $60,000.
Per the second outstanding item, attached is a copy of the one and only invoice from my
contractor for the work associated with this project. I have had a long standing
relationship with this contractor and our dealings in the past have been of a design/build
nature. Therefore, only one invoice was submitted on this project.
Should you have any questions please do not hesitate to contact me at the above number.
Respectfully
c
i
Sa handi
Enclosure
July 24, 2008
Project-13°i Street Extension
La Quinta Inn Suites
Attn. Sam Ghandi
8710 Sea Wall Boulevard
Galveston, Texas 77554
Invoice #1 (final)
FOR CONSTRUCTION SERVICES RENDERED THROUGH IDLY 24, 2008: FOR
THE FOLLOWING SCOPE:
Sanitary Sewer
400 LF of IT'PVC Sanitary Sewer SDR 26
Two (2) Sanitary Sewer Manholes
Storm Sewer
3 80 LF of 24" HDPE
II
LF of 36" HDPE
58 LF of 48" HOPE
Two (2) Type "B" Inlets
One (1) Storm Sewer Manhole
One (1) Tie -In w/ Rip Rap
Two (2) Type "C" Inlets
Concrete Work for Road Expansion of 13°i Street
TOTAL AMOUNT DUE THIS INVOICE $447,982.80
THANK YOU!
PLEASE REMIT TO I2605 I-10 EAST, BAYTOWN, TEXA5 77523. PLEASE
MAKE CHECI{ PAYABLE TO DAN' COMMERCIAL PLUMBING. IF YOU
HAVE ANY QUESTIONS PLEASE CONTACT MR. RENDON AT 2814214598.
THANK YOU.
WAIVER / RELEASE OF LIEN
And ACKNOWLEDGMENT OF "NO OUTSTANDING CLAIMS"
COUNTY OF CHAMBERS
STATE OF TEXAS
This GENERAL RELEASE AND ACKNOWLEDGMENT OF "NO OUTSTANDING
CLAIMS", from Carnes Design Build, LLC to Sam Gandhi.
Carnes Design Build, LLC states that bills for materials and/or labor used or employed or
which arose in any manner in connection with the performance of all work by it (for the
period specified) at the property located at 13f1' Street Road Expansion in LaPorte, Texas
have been paid and there are no outstanding liens, claims, or encumbrances payable to Sam
Gandhi.
Carnes Design Build, LLC does hereby waive release, requite and forever discharge, Sam
Gandhi their heir, executives, administrators, and personal representatives from any and all
manner actions, cause of actions, suits, proceedings, debts, judgments, damage claims, and
demands whatsoever in law or equity which Subcontractor ever had, now have, or which
their heir, executives, administrators, and personal representatives hereafter can, shall, or
may have for or by reason of any matter, cause or thing whatsoever, from the beginning of
the world to the date of these presents.
In witness whereof, I have hereunto set my hand this 14th day of August, 2008.
JoV Carnes -Member
Printed Name —Title
Signat re
Sworn to and subscribed before me this ��- day of 17i1� 2008.
NOTARY PUBLIC for the Stat f TEXAS.
Expires
CARRIE BREY
Notary Publlc, SiatACe of Texas
y`,s My( Expires
December 29, 2010