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HomeMy WebLinkAbout031050 ORD - 01/24/2017 ORDINANCE AUTHORIZING CITY MANAGER OR DESIGNEE TO EXECUTE A WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT ("AGREEMENT") WITH DAVID E. AND CHRISTINE L. HARRIS ("DEVELOPER"), FOR THE CONSTRUCTION OF A WATER ARTERIAL TRANSMISSION AND GRID MAIN LINE AND APPROPRIATING $141,334.85 FROM THE NO. 4030 ARTERIAL TRANSMISSION AND GRID MAIN TRUST FUND TO REIMBURSE THE DEVELOPER IN ACCORDANCE WITH 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 water arterial transmission and grid main construction and reimbursement agreement ("Agreement"), attached hereto, with David E. and Christine L. Harris ("Developer"), for the extension of a 12-inch water arterial transmission and grid main line, including all related appurtenances, for the development of Harris Acres, Block 1, Lot 1 Subdivision, Corpus Christi, Nueces County, Texas. SECTION 2. Funding in the amount of $141 ,334.85 is appropriated from the No. 4030 Arterial Transmission and Grid Main Line Trust Fund to reimburse the Developer for the construction of the water arterial transmission and grid main line improvements in accordance with the Agreement. That the foregoing ordinni ce was reap for the first time and passed to its second reading on this the day of ,,i,A_A 0 j..A.i 2017, by the following vote: 10 0 Dan McQueen 0 44 i Ben Molina $ . Rudy Garza _If_ Lucy Rubio I.i. Paulette Guajardo ` , AL Greg Smith if i Michael Hunter Ord 4 Carolyn Vaughn `, A Joe McComb 1 That the fore ging ordinance was read for the second time and passed finally on this the a day of iJ , 2017, by the following vote: l . V£1J Ben olina _(4iL____ Rudy Garza al, Lucy Rubio I Paulette Guajardo Greg Smith �.A, Michael Hunter i; Carolyn Vaughn I Joe McComb IA r 0 310 5 0 INDEXED PASSED AND APPROVED, this the 2`I day of VW -(r 2017. ATTEST: PC_ 1 - Rebecca Huerta _ • - - 0.0-1/0Vau�� City Secretary Mayor PCO 1._CXY�, 031050 WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469-9277, and David E. and Christine L. Harris ("Developer "), 922 Glenoak Drive, Corpus Christi, Texas 78418. WHEREAS, the Developer, in compliance with the Unified Development Code ("UDC"), proposes to final plat the Property as shown on the attached final plat known as Harris Acres, Block 1, Lot 1 ("Development"), as shown in Exhibit 1 (attached and incorporated); WHEREAS, under the UDC and as a condition of such plat of Harris Acres, Block 1, Lot 1, Developer is required to construct a public waterline in order to record such plat; WHEREAS, Developer has submitted an application for reimbursement of the costs of extending a 12-inch waterline from the existing 12-inch waterline located on the south side of Glenoak Drive for a distance of 2,366 linear feet in order to connect to water grid main along Roscher Road and consistent with the Unified Development Code (Exhibit 2); WHEREAS, it is in the best interests of the City to have the 12-inch waterline on Glenoak Drive for a distance of 2,366 linear feet installed by Developer in conjunction with the final plat; WHEREAS, Resolution No. 026869 authorized the acceptance of applications to be eligible for reimbursement in the future when funds are fully available in, and are appropriated by City Council, the Arterial Transmission and Grid Main Line Trust Fund as per the UDC, Section 8.5.1.C(1), and WHEREAS, Chapter 212 of the Texas Local Government Code authorizes a municipality to make a contract with a Developer of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; NOW, THEREFORE, in consideration set forth hereinafter and in order to provide a coordinated waterline construction project, the City and Developer agree as follows: Subject to the terms of this Agreement and the plat of Harris Acre's, Block 1, Lot 1, Developer will construct the 12-inch waterline for and on behalf of the City in accordance with the plans and specifications as are approved by the City Engineer on behalf of the City. 1. REQUIRED CONSTRUCTION The Developer shall construct the 12-inch waterline improvements, in compliance with the City's UDC and under the plans and specifications approved by the Development Services Engineer. 2. PLANS AND SPECIFICATIONS a. The Developer shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the construction of the 12-inch waterline, as shown in Exhibit 3, with the following basic design: 1. Install 2,366 linear feet of 12-inch PVC waterline pipe. 2. Install two (2) gate valves and boxes. 3. Install one (1) 12 x 90-degree ductile iron elbow. 4. Install two (2) 12 x 45-degree ductile iron bends. 5. Install one (1) 12 x 8 reducer. 6. Install four(4) fire hydrant assemblies. 7. Install two (2) ties to existing water line. 8. Install 189 linear feet bore with Eagle LOC pipe. 9. Install one (1) fence repair. 10.Install one (1) driveway repair. 11.Install one (1) clear and grub. 12.Install one (1) short single service connection. b. The plans and specifications must comply with City Water Distribution Standards and Standard Specifications. c. Before the Developer starts construction the plans and specification must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS Prior to the start of construction of the 12-inch waterline improvements, Developer shall acquire and dedicate to the City the required additional utility easements "Easements", if necessary for the completion of the 12-inch waterline. If any of the property needed for the Easements is owned by a third party and Developer is unable to acquire the Easements through reasonable efforts, then the City will use its powers of eminent domain to acquire the Easements. Arterial Tran and Grid Main Reimb Agmt David E.and Christine L. Harris-Harris Acres, Blk 1, Lot 1vFinal Standard Form Reimbursement Agreement Template Version 1.0 3.29.16 Page 2 of 10 4. PLATTING FEES Developer shall pay to the City of Corpus Christi the required acreage fees and pro-rata fees as required by the UDC for the area of the improvements for the construction of the 12-inch waterline. The required acreage fees Developer is to pay to the City under the UDC for the 12-inch waterline improvements will be credited to Developer provided that an application for credit, including cost- supporting documentation, has been submitted to the Assistant City Manager of Development Services prior to the installation of the 12-inch waterline and is approved. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS Developer shall award a contract and complete the improvements to 12-inch waterline, under the approved plans and specifications, by January 24, 2018. 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 or 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. 8. DEFAULT The following events shall constitute default: a. Developer fails to engage a professional engineer far the preparation of plans and specifications by the 10th calendar day after the date of approval by City Council. b. Developer's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. c. Developer fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. d. Developer's contractor does not reasonably pursue construction of the project under the approved plans and specifications. e. Developer's contractor fails to complete construction of the project, under the approved plans and specifications, on or before January 24, 2018. f. Either the City or Developer otherwise fails to comply with its duties and obligations under this Agreement. Arterial Tran and Grid Main Reimb Agmt David E.and Christine L. Harris-Harris Acres, Blk 1, Lot lvFinal Standard Form Reimbursement Agreement Template Version 1.0 3.29.16 Page 3 of 10 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 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 Developer fail to perform any obligation or duty of this Agreement, the City shall give notice to Developer, at the address stated above, of the need to perform the obligation or duty, and should Developer 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 Developer by reducing the reimbursement amount due Developer. e. In the event of an uncured default by the Developer, 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. 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project. 3. Perform any obligation or duty of the Developer under this agreement and charge the cost of such performance to Developer. Developer shall pay to City the reasonable and necessary cost of the performance within 30 days from the date Developer receives notice of the cost of performance. In the event that Developer 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 has all its remedies at law or 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; Arterial Tran and Grid Main Reimb Agmt David E. and Christine L. Hams-Harris Acres, BIk 1, Lot 1vFinal Standard Form Reimbursement Agreement Template Version 1.0 3.29.16 Page 4 of 10 acts of public enemies; insurrections; riots; epidemic; 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 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: 2. If to the City: David E. and Christine L. City of Corpus Christi Hams 1201 Leopard Street (78401) 922 Glenoak Drive P.O. Box 9277 Corpus Christi, Texas 78418 Corpus Christi, Texas 78469 ATTN: Assistant City Manager Development Services b. Notice required by the paragraph may be by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change of address for notices by giving notice of the change under the provisions of this section. 12. THIRD-PARTY BENEFICIARY Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS Developer shall require its contractor for the construction of the project, before beginning the work, to execute with Developer and the City a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in Arterial Tran and Grid Main Reimb Agmt David E. and Christine L. Harris-Harris Acres, B1k 1, Lot lvFinal Standard Form Reimbursement Agreement Template Version 1.0 3.29.16 Page 5 of 10 excess of $25,000. The performance and payment bond must comply with Texas Government Code, Chapter 2253 and must be in the form and substance as attached to this Agreement. 14. WARRANTY Developer shall fully warranty the workmanship of and function of the 12-inch waterline improvements and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City Engineer. 15. REIMBURSEMENT a. Subject to the appropriation of funds, the City will reimburse the Developer 100% of the reasonable cost of the 12-inch waterline improvements, not to exceed $141,334.85. See attached cost estimate (Exhibit 4). b. Subject to the appropriation of funds, the City agrees to reimburse the Developer 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 shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement as detailed in Exhibit 5. c. To be eligible for reimbursement, the work 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. d. In the event that this Agreement is terminated by the City at a time when there has been a partial completion and partial payment for the improvements, then the City shall only reimburse Developer 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 there is an uncured default by the Developer. 16. INDEMNIFICATION DEVELOPER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, j"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 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'S FAILURE TO COMPLY WITH ITS OBLIGATIONS UNDER THIS AGREEMENT OR TO Arterial Tran and Grid Main Reimb Agmt David E.and Christine L Harris-Harris Acres, 1311( 1,Lot 1vFinal Standard Form Reimbursement Agreement Template Version 1.0 3.29.16 Page 6 of 10 PROVIDE CITY WATER 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 ATTORNEYS 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 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. (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. Arterial Tran and Grid Main Reimb Agmt David E.and Christine L. Harris-Harris Acres, BIk 1, Lot 1vFinal Standard Form Reimbursement Agreement Template Version 1.0 3.29.16 Page 7 of 10 17. ASSIGNMENT OF AGREEMENT This Agreement may be assigned by Developer to another with the written consent of the City's City Manager. 18. COVENANT RUNNING WITH THE LAND This Agreement is a covenant running with the land, Harris Acres, Block 1, Lot 1, a subdivision in 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's successors or assigns. 19. DISCLOSURE OF OWNERSHIP INTERESTS Developer further agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit 6. 20. 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. 21. EFFECTIVE DATE This Agreement shall be executed in one original, which shall be considered one instrument. *This Agreement becomes effective and is binding upon, and inures to the benefit of the City and Developer from and after the date that all original copies have been executed by all signatories. EXECUTED IN ONE original, *this day of , 2017. SIGNATURES FOUND ON PAGES 9 and 10. Arterial Tran and Grid Main Reimb Agmt David E.and Christine L. Hams-Harris Acres, BIk 1, Lot 1vFinal Standard Form Reimbursement Agreement Template Version 1.0 3.29.16 Page 8 of 10 Developer David E. Harris 922 Glenoak Drive Corpus Christi, Texas 78418 By: `__-7D David E. Harris Individual THE STATE OF TEXAS § § COUNTY OF NUECES § This instrument was signed by David E. Harris, Owner, and acknowledged before me on the x10!3 day of tk1 ,nf, m,, , 2016. tabgalli4 JESUS J DOMINGUEZ -- ► 0 1L Notary ID o 10526870 I Not- Publi• 'tat; of Tex-MP' 1p t, My Commission Expires 0 di. May 27,2020 ► Developer Christine L. Harris 922 Glenoak Drive Corpus Christi, Texas 78418 By: ( JJAOTL,g.i-4-91A.A.,,,), dkiristine L. Harris Individual THE STATE OF TEXAS § § COUNTY OF NUECES § This instrument was signed by Christine L. Harris, Owner, and acknowledged before me on the 2-`)11--- day of Drctw -- , 2016. - -- .4: — I 1. JEWS J DOOMINGUEZ Notary 10 0/0526870 I A P �(, My Commission Expires ► Not- Pu -te o� May 27,2020 Arteri- r• _ ; r. Main Reimb Agmt David E. and Christine L. Harris-Harris Acres, Blk 1, Lot 1 vFinal Standard Form Reimbursement Agreement Template Version 1.0 3.29 16 Page 9 of 10 CITY OF CORPUS CHRISTI: ATTEST: By: By: Rebecca Huerta Julio Dimas, CFM City Secretary Development Services Interim Director THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Rebecca Huerta, City Secretary, for the City of Corpus Christi, Texas, and acknowledged before me on the day of 2017. Notary Public, State Of Texas THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Julio Dimas, CFM, Development Services Interim Director, for the City of Corpus Christi, Texas, and acknowledged before me on the day of , 2017. Notary Public, State Of Texas APPROVED AS TO FORM: This - ri day of Pe C-e.AA , 2016. 73C-004 .e)-(1;Cei Assistant City Attorney For the City Attorney Arterial Tran and Grid Main Reimb Agmt David E and Christine L Harris-Harris Acres, Blk 1, Lot 1vFinal Standard Form Reimbursement Agreement Template Version 1 0 3 29 16 Page 10 of 10 f, t / ,fi 123i Rl of�.l 1• E 1 I v c Iia' 1a.., . % 6 11 h3 1 1 ,, g , i i .:(t.. if 14- ''!44 •' X17 I I gi , ifflki91 Jla g p s J� _I N :'-' q II t II rol !! lj 1 1 ,.____, s11-iii II a g Ing ' ffgs P a AI p y i 8 c• 1"E If i R 3 e a I a R E Vi: 6 6 S s� F 0 g ;, p ,' 'i i i 3t i. i 1 11 s .. , _ g - , / d 183 :� .,kill it I § R1 1Oli1 s a 1 '� i.21o7�:1$s .E.7,.. Op 9 A o e -- V C o ,ta o �lag,,,Ez x •4 —7 .ri,b, ata .LI El r.^ 1om> f„ !d d i4 zi, 09 >s�$^`Y BB ild $ o-Bg��.0 a a i o1$1 1 I i gs oiiI16 lid I 1111' 1$111 1 ov _ 11.0 sp °if gt 1 !ails Sg§ yr E$ �l, SS 4 5 k e Lg =a 110 J a 13. a i jig . 12'!€ I i 0p.1 a s.1 s �QgS a 6 bbg [Pp I.s illi5E g e 1 13 egII g s 6 a 1 °1 .6 _ il IIilI s _ I81 $agR II1 id q 0101 I a = I Y . �wnPJn• JI p O N 1a CT.ni ����iiiipi; a 2 .m OOy SuE'fg4'sm 11 , p O p ,OfFXgw z U V .54-`271cyl Z } Q` ct c6 !1,1 /...;,-......,__._,. z / Mwo ( --""44.,'--. e l la lig \ ' k ,•Nfa .::- - ,..7-4 b qS Sa X96>d5 � z t://' s O 4p N 4 c 1 o gili2[ ow :63 IP 3611 5 • b''°4 i ,j,*Z^'wy Y f ' 1 !/J / e r / / 01+f s 1 '-..... 417,ezAtti,If' I i `ra,..r, ,/'r a,. /r //'r w► •,` Y f yy —Z"-.......- �..`d�wc9QC4 I j� t1/2"4.4*.` tg 1444 i% . ifi irif p *id , / / / ...". ft.',0',14 I l yrs ! •+t I°•//,ea.."b/ A / I..• 1I , 4tf fir;/ ,j,a, Zc i• / baa I / 1 / J %:•":14.;"y / / r / r / ^off / / yl 1 I / APPLICATION FOR WATERLINE REIMBURSEMENT I, David E. Harris 922 Glenoak, Corpus Christi, TX 78418, owner and developer of proposed Harris Acres Block 1, Lot 1, hereby request reimbursement of$141,334.85 for the installation of the grid main water line, 12" C-900 PVC, in conjunction with said lot, as provided for by City Ordinance No. 17092. $144,261.18 is the construction cost, including 15% Engineering, testing and Surveying, less the lot/acreage fee, as shown by the cost supporting documents attached herewith. David E. Harris Date THE STATE OF TEXAS § COUNTY OF NUECES § / This instrument was acknowledged before me on 1 / ' _, 2016, by David E. Harris , Owner, of Harris Acres Block 1, lot 1. 1 ��r►1; , MARISELDA LUGO RESENDEZ• < (1.--1 ij A.,"."717,"ss 1 IDA 680183.8 z1��C-�( 24, �/' ,. Jam'` " < A e C i Notary Public , ,-- Nota Public in and(for thd--State of Texas 4 \ \\PA/ft j STATE OF TEXAS ry 1 \'''. os My Comm. Exp.02 20 2020 ',AA/iAl—HtAAtz,--- 1-0AAA4 1 q - I 6 istine L. Harris Date THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on ,'1 i f , 2016, by Christine L. Harris , Owner, of Harris Acres Block 1, lot 1. -� °�. MARISELDA LUGD RESENDEZ► *_.(......,%. ,:ey1 ( :o•�� �� 7D# 884183 8 1 .L.--- Notary � ---)P ~ cf.rie.-- - �•� 4 °� y° NTE of TEXAS Notary ublic in and forlrte tate of Texas �, ,� ) STA <I `?'soc1, My Comm. Exp 02.20-2020 I Exhibit 2 Page 1 of 3 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 Arterial Grid Main Trust Fund, and (b) Appropriation and approval by the City Council. d Deve!• • a zym- ent Services ngineer (Date) Exhibit 2 Page 2 of 3 APPLICATION FOR WATERLINE CREDIT I, David E. Harris 922 Glenoak, Corpus Christi, TX 78418, Owner and developer of proposed Harris Acres Block 1, Lot 1, hereby apply for $2,926.33 credit towards the water tot/acreage fee for the installation of the grid main water line, 12" C-900 PVC, as provided for by City Ordinance No. 17092. $144,261.18 is the construction cost, including 15% Engineering, testing and Surveying, as shown by the cost supporting documents attached herewith. f )"._ Lt- 12-t - , co David E. Harris Date THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on /02--- I+ 2016, by David E. Hams , Owner, of Hari Acres Block 1, lot 1. • i o....-4,., MARISfaDA LUDO RESENDEZ> �_ . _ /11 / •• ` i �� �� �� seo�e� Notary Public in and • the t- e • Texasry•,r*3) „,;, STATE OF TEXAS i • +ea My Comm. Exp. 02- t 'rr•Tvvvv�/v ../v yr / li AA 141, Va* t(r, ristine L. Hams Date THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on /)_ / / //6 , 2016,by Christine L. Hams , Owner. of Hams Acres Block 1, lot 1. ,,,..--.71.4%,MARISELDA 11100 RESEN0EI ri' A �� IDS 680183.8 Or'•t i, 3•) Notary Public - ��� d\,, ,4ti/ STAB OF TEXAS Notary Public in and foal e State of Texas ?te.�? My Comm. Exp. 02.20.2020 / Exhibit 2 Page 3 of 3 CONSTRUCTION PLANS FOR PUBLIC WATER LINE IMPROVEMENTS TO HARRIS ACRES BLOCK 1, LOT 1 CORPUS CHRISTI, TEXAS PROJECT LOCATION f A� _,\ - `.. E t:S.EgEn7ar .�..�.. PraucxEs _. i .. i1.. a+3 1 ��+ ire ..,.� Ki WI r.1.04a,wit*„......... A " STKPim itatutiaacis _ t it M C -RPO j.. 11. Let rl{ i 101 • Woe Cu. Woo . Int, Al RUO t OHM, a 1tt wutaP assns, Prof Jai to �P TCV •a... ea... M w.. ar.1ow. ..n .t1L.1 M• :.a+lea. — LOCAT1ON,MAP NOT TO SCALE a SHEET INDEX; SHUT 1 MU SHEET SHEET 2 PUC NATO PUN SNtt7 S stonwoWATO1 POLLUTION PREVENTION RAH nt,tatOaIC S•W,OYO OCT tlevt•Of ODOM NUN 'Nt sir =MI R K a WEER w PI9ORREE 1J[EAt N ry INC ;rt. f1 • STATECTOPM (WOOL O TY O► C.C. S1a2¢AI0 rote ORAAS 1 Or 4 O n Of C.C. 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Om MM•IMM Oa Ir Tr Mk 4I10A/ •••••••• • •• • a w OMR 0•40 Ma rime ' aff 40.140. out 410400 o.n w i; 6) CITY Of CORMS Dr6Sn WATER STANDARD DETAILS fans armeanew snisu CM/M. MOTES t 4KRnu 5r' CITY of CORPUS CHRISTI TEXAS m x 0 w a a ; 1 a 1 a NOMA +u ■ OM .a OaR A are oc canes oo sn WATER STANDARD DETAILS CITY of CORPUS CHRISTI TEXAS v CD 0 a It r •-voY c nrt F •C•6•1u CAN Ig Jt AI orr or COMM ovum WATER STANDARD DETAILS ADJUSMMS, CASNC onM.s, mac DC1Ms CITY of CORPUS CHRISTI TEXAS m W V 0 y !A d 1 1 J a a WIRIIMI .a 1Ii Di cm caws D*sn WATER STor ANDARD DETAILS I DI TO WAVE 9[TM.0 w0 OTHERS CITY of CORPUS CHRISTI TEXAS Eng:Murf Hudson,P.E. Waterline Cost Estimate June 7,2016 By:C.R.R. for Job No,20417.86.00 PUBLIC GRID MAIN WATER LINE IMPROVEMENTS to HARRIS ACRES BLOCK 1, LOT 1 ITEM DESCRIPTION QUAN. QUAN.+ UNIT UNIT TOTAL 5% PRICE COST A. PUBUC WATER IMPROVEMENTS: 1 12"PVC C-900 2,253 2,366 LF $30.75 $72,754.50 2 12"Gate Valve and Box 2 2 EA $3,050.00 $6,100.00 3 128x90 Degree Ductile Iron Elbow 1 1 EA $25.00 $25.00 4 12"x45 Degree Ductile Iron Bend 2 2 EA $875.00 $1,350.00 5 12"x8"Reducer 1 1 EA $800.00 $800.00 6 Are Hydrant Assembly Complete In-place 4 4 EA $4,595.00 $18,380.00 7 lie to Existing Water Une 2 2 EA $1,000.00 $2,000.00 B Bore with Eagle LOC Pipe 180 189 LF $115.00 $21,735.00 9 Fence Repair(As Required) 1 1 LS $600.00 $600.00 10 Driveway Repair(As Required) 1 1 LS $600.00 $800.00 11 Clear and Grub 1 1 LS $500.00 $500.00 12 Short Single Service Connection 1 1 EA $800.00 $800.00 PUBUC WATER UNE SUB-TOTAL: $125,444.50 ENGINEERING,STAKING AND TESTING FEE© 15%: $18,816.68 TOTAL ESTIMATED IMPROVEMENTS COST: $144,281.18 Water Lot/Acreage fee: $2,926.33 REIMBURSEMENT REQUEST LESS LOT/ACREAGE FEE: $141,334.85 :' • ; MURRAY: +, i.... 0.11C ii F,HUDSON P •N110,000O.N N****M•iNf..�� 'iA 78198 •6 5 o. �v . , - '`4s%4d STS o%c"..e5 4;, - ' ,, 41 iky , Urban Engineering 2725 Swantner Corpus Christi,TX 78404 136lba1*1 1 of 1 INSURANCE REOUIREMENTS I. 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 I aggregate COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence I. 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 II. ADDITIONAL REQUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law.The contract for coverage must be written 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 persons or property resulting from Contractor's or its subcontractor's performance of the work covered under 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 c,��Qus cy��s DISCLOSURE OF INTERESTS 40 ., k City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking +'.lowly 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". cl 7852 NAME: David E. and Christine L. Harris STREET: 922 Glenoak Drive CITY: Corpus Christi, Texas Zip: 78418 FIRM is:OCorporation °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/A 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/A 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/A 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. David E. Harris Title Owner (Print Name) r - Signature of Certifying Person' ��~ K_' " Date: 1 1/4/1 6 K.‘DEVELOPMENTSVCSISHAREDV.ANO OEVELOPMENTIAPPUCATION FORMS.REZON1NG+DISCLOSURE OF INTERESTS STATEMENT_5 12 2015 DOC Exhibit 6 PAGE 1 OF 4 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 lDEVELOP.tOfTSVCSISHAREDLAND DEVELOPMENDORDINANCE ADMIN 51 ATIOMAPPLICATION FOP.M 1FORMS AS PER I.EGAL\:OI2\DLSCLOSURE OF INTERESTS STATEMENT!27 2 DCC Exhibit 6 PAGE 2 OF Go�FPus Cy 4 '�is DISCLOSURE OF INTERESTS y, _ k City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking v�4. � to do business with the City to provide the following information. Every question must be it, answered. If the question is not applicable, answer with"NA". 7852 NAME: David E. and Christine L. Harris STREET: 922 Glenoak Drive CITY: Corpus Christi, Texas Zip: 78418 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/A 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/A 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/A 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 Christine L. Harris Title Owner (Print Name) 11� Signature of Certifying Person: t .�. f.0.6 _ Date' 11/4/16 K\DEVELOPMENTSVCSLSNRREDLAND DEVE,.OPMENT1,PPL:CAT,ON FORMSREZONINGIDISCLOSURE OF INTERESTS STATEMENT_5 12 2015 DOC Exhibit 6 PAGE 3 OF 4 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. AIDEVELOPAIENTSVCSSIIAREDILAND DEVELOPMENT'ORDINANCE ADMINISTRATIONW'PLICATION FORMS'cFORMS AS PER LEGAL120I21DISCLOSURE OF IN7ERESIS SIATEME?T12"2 DOCPAGE 4 OF 4 Exhibit 6 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1.4 and 6 if there are interested parties OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-149332 David Harris Corpus Christi,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 12/2912016 being filed. City of Corpus Christi Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 1 Harris Acres Block 1 Lot 1-Waterline Reimbursement Agreement 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct Imidirdi eidilleldbiandirdhimillhollmit 1 Ar.---7 . JESUS J DOMINGUEZ r� Notary ID• 10528870 I �� ` ,�-`r My Cortlmis>tiion Elrplrn ► �►�-^ May 27,2020 � Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP!SEAL ABOVE q ft t Sworn to and subscribed before me,by the said 'D %/ t- 2'5 ,this the Z i.' day of at - fit' 20 I tP ,to certify which,witness my hand and seal of office. r &Ai J r 5+A5‘_.\ MIN bat/ gR ti r: o t fficer • istering oath Printed name of officer administering oath Title of officer administering oath Forms pri +�+ cy ex. thics Commission www.ethics state.tx.us Version V1.0.277 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 it there are interested parties OFFICE USE ONLY Complete Nos,1,2,3,5,and 6 if there are no interested parties CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-149333 Christine Harris Corpus Christi,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 12/29/2016 being filed. City of Corpus Christi Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 1 Harris Acres Block 1 Lot 1-Waterline Reimbursement Agreement - 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable)tY PP ) Controlling I Intermediary 5 Check only if there is NO Interested Party. Q 6 Writtl`i�- — I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct 1 &s -:J DOMINGUEZ MoMry ID. 10526670 '�/�r, My Commission Fxpim 0 I ` rl May 27,2020 (4 Signature of authorized i- I(-u'JQ nt of contracting business entity AFFIX NOTARY STAMP I SEAL ABOVE /� r��L Sworn to and subscribed before me,by the said ` 5�'`� "E r's ,this the 2 day of DEC ,DC1-41W 20_14 ,to certify which,witness my hand and seal of office. 11i♦ gnat re f o icer a. in,tering oath Printed name of officer administering oath Title of officer administering oath Forms prs-ded by Texas Ethics Commission www.ethicsstate.tx.us Version V1.0.277 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. / 7- ovz (o City Council Action Date: January 24, 2017 Agenda Item: Ordinance authorizing city manager or designee to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with David E. and Christine L. Harris ("Developer"), for the construction of a water arterial transmission and grid main line and appropriating $141,334.85 from the No. 4030 Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. Amount Required: $141,334.85 Fund Name Accounting Unit Account Activity No. Amount No. Water Arterial 4030-21805-777 540450 $141,334.85 Transmission and Grid Main Trust Fund Total $141,334.85 ❑ Certification Not Required Director of Financial Services Date: JAN 1 6 2017