HomeMy WebLinkAbout031275 ORD - 10/17/2017 ORDINANCE AUTHORIZING THE CITY MANAGER OR DESIGNEE TO
EXECUTE AN AMENDMENT TO THE DISTRIBUTION MAIN EXTENSION
CONSTRUCTION AND REIMBURSEMENT AGREEMENT
("AGREEMENT") WITH PETERSON PROPERTIES, LTD.,
("DEVELOPER"), FOR THE ADDITIONAL CONSTRUCTION COST OF A
DISTRIBUTION MAIN LINE; AND APPROPRIATING $64,035.73 FROM
THE NO. 4030 DISTRIBUTION MAIN TRUST FUND TO REIMBURSE THE
DEVELOPER IN ACCORDANCE WITH THE AMENDMENT TO THE
ORIGINAL 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 an
amendment to the distribution main extension and construction and reimbursement
agreement ("Agreement"), attached hereto, with Peterson Properties, Ltd.,
("Developer"), for the additional construction cost of a distribution main line.
SECTION 2. Funding in the amount of $64,035.73 is appropriated from the No.
4030 Distribution Main Trust Fund to reimburse the Developer for the construction
of the water arterial transmission and grid main line improvements in accordance
with the amendment to the Agreement.
That the foregoing ordinance was rad for the first time and passed to its second
reading on this the f alLtlay of U MOW 2017, by the following vote:
Joe McComb Ben Molina I..
Rudy Garza Lucy Rubio
Paulette Guajardo 4I Greg Smith
Michael HunterA AL Carolyn Vaughn
4
Debbie Lindsey-Opel `L i
031275
INDEXED
That the fo+roing or inan a was read for the second time and passed finally on this
the ITday of ? , 2017, by the following vote:
Joe McComb VI-i, Ben Molina • ,
Rudy Garza Lucy Rubio /_,;
Paulette Guajardo 1 04 Greg Smith i.' 1
1
Michael Hunter , �� Carolyn Vaughn / 4
Debbie Lindsey-Opel al_, I
PASSED AND APPROVED on this the I I 41---)
y of 0 et 6_,Ki..) , 2017.
ATTEST:
itL-,- %•-• (-1---„_,„ ieN
, - (.4...„.a. -----
Re ecca Huerta J.- McComb
City Secretary - or
.► :31 ? 75
AMENDMENT TO THE DISTRIBUTION MAIN EXTENSION CONSTRUCTION
AND REIMBURSEMENT AGREEMENT
This is an amendment to the Distribution Main Extension Construction and Reimbursement Agreement originally
dated October 11, 2016, by and between: Peterson Properties, Ltd. and the City of Corpus Christi. This
amendment is related to appropriating additional funds to the reimbursement amount.
The terms and conditions of the original agreement remain effective and in full force, except for the following
changes:
NOW, THEREFORE, in consideration of the mutual covenants herein;the Parties agree to amend Article 15
Reimbursement to read as follows:
15. REIMBURSEMENT.
a. Subject to the conditions for reimbursement from the City Developer Participation Funds and the
appropriation of funds, the City will reimburse the Developer/Owner, the reasonable actual cost of the
Distribution Main Extension up to an amount not to exceed $83,194.73 (including $19,159.00 previously
paid) as shown in the attached Exhibit A, the contents of such exhibit being incorporated by reference
into this Agreement.
b. The City agrees to reimburse the Developer/Owner upon invoicing for work performed. The
reimbursement will be made no later than 30 days from the execution of this amendment.
Developer/Owner shall submit all required performance bonds and proof of required insurance under the
provisions of this Agreement.
c. To be eligible for reimbursement, the work must be completed in a good and workmanlike manner, in
accordance with the approved plans and specifications, and in compliance with the City's Infrastructure
Design Manual, and all other local, state and federal laws, codes and regulations, and must have been
inspected and accepted by the City.
d. In the event that this Agreement is terminated by the City as a result of an uncured default by the
Developer/Owner and at a time when there has been a partial completion and/or partial payment for the
Improvements,then the City shall only reimburse the Developer/Owner for its costs that were legitimately
incurred towards the completion of the improvements that have been inspected and accepted by the City
up to the time that the uncured default occurred.
EXECUTED by the PARTIED, both of which hereby represent that the signatures to this AGREEMENT, below,
are of those persons with the capacity and authority to legally bind the PARTIES.
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta William J. Green, P.E.
City Secretary Interim Director of Development Services
APPROVED AS TO FORM: ,2017
Buck Brice
Assistant City Attorney
for the City Attorney
Peterson Properties, Ltd.
By:
Patricia Peterson Nuss
General Partner
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on day of , 2017, by
Patricia Peterson Nuss, General Partner, Peterson Properties, Ltd., a Texas Limited Partnership,
on behalf of said partnership.
Notary Public's Signature
Peterson Properties, Ltd.
By:
Christy Peterson Brown
General Partner
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on day of 2017, by
Christy Peterson Brown, General Partner, Peterson Properties, Ltd., a Texas Limited
Partnership, on behalf of said partnership.
Notary Public's Signature
Peterson Properties, Ltd.
By:
James D. Peterson
General Partner
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on day of 2017, by
James D. Peterson, General Partner, Peterson Properties, Ltd., a Texas Limited Partnership, on
behalf of said partnership.
Notary Public's Signature
00Y' 4kr
J(4D June 6, 2017
7852
Mr. Murray F. Hudson, P.E.
ENGINEERING Urban Engineering
SERVICES 2725 Swantner Drive
Corpus Christi, Texas 78404
PO 13o.x 9277
Chn
Corpus tt
Subject: West Point Crossing Waterline, Lots 1 & 2, Block 1 —Located south of
Texas 784fi8469 9-9377
State Highway 358 and west of Old Brownsville Road (Public
1201 Leopard Street Improvements—WATER)
3'd Floor
Corpus Christ, Dear Mr. Hudson:
Texas 78401
Phone 361-826-3500 We have inspected the Public Improvements—WATER that were constructed at
Fax 361.826-3501 the above named site. In addition, we also have your certificate of completion and
+1%I w tetexas corn are satisfied that the work was completed in accordance with the plans and
specifications approved by the city.
4917ConsrH ruction Rdf+.Bldgf`5' The contractor is held to a one-year warranty period of workmanship effective
Corpus Christi June 1, 2017. Date of acceptance was based on final approval notification from
Texas 78411 the Engineering Services, Construction Inspection Division.
Phone 361-826-3555
Fax 361-826.3520 The improvements are hereby accepted by the City of Corpus Christi for
permanent maintenance and operation in accordance with current City policy.
Sincerely,
,,,„,,,,,4,- a 1 its-7. ,i' E .
Ernesto De La Garza, P.E.
Construction Management Engineer for Engineering Services
EDLG/kc
CC: Development Services/Building Official
Development Services/Land Development
Capital Programs/Construction Inspection
Capital Programs/Design Stormwater
Operating Department/Director
Street Operating Department/Director
' Traffic Operating Department/Director
Wastewater Operating Department/Director
Water Operating Department/Director
Mark Orozco
From: Ed Sanchez
Sent: Thursday,June 01, 2017 3:49 PM
To: Julio Dimas
Cc: Grace Solis; Mai Bernal;Annika Gunning;Gloria Garcia; Norman Walters; Danny Davila;
Andy Leal Jr;Jesse Hernandez; Priscilla Ramirez; Priscilla Garza; Larry Fisher; Shelly
Donahue; Kathleen Tower; Ultra Pena; Kene Sapenter; Gene Delauro; Beverly Priestley;
Anthony Silvas (asilvas@nuecescad.net); Miguel Torres;Amy Elizondo; Kent Power;
Ratna Pottumuthu;Jalal Saleh; Dana Espinal; Hilda Mihalco; Mark Orozco; Keren
Costanzo; Laura Sheldon; Priscilla Gonzales; UtilitiesGlS;Jorge Leos; Bill Green; Ernesto
De La Garza; Katherine Castle
Subject: West Point Crossing Waterline, Lot 1 and 2, Block 1
Good Afternoon Julio Dimas,
Construction Inspections Department recommends acceptance on the above reference subject as all requirements have been met per UDC Section 8.1.12
Technical Requirements for Final Acceptance of Infrastructure Improvements.
Please feel free to contact me at any time concerning this project.
Thanks,
Ed Sa e
Engineering Associate
City of Corpus Christi
Engineering Services
4917 Holly Rd, Bldg 5 78411
Office: (361)826-1738
Mobile: (361)877-5103
Fax: (361)826-3520
Email: EdSa@cctexas.com
•
1
• CERTIFICATE OF COMPLETION
I,Murray F. Hudson, P.E. ,certify that I am a Registered Professional Engineer, License No.78198
in the State of Texas,and verify to the best of my knowledge and belief to the City of Corpus Christi
that the waterline improvements required in connection with Westpoint Crossing Lots 1 &2, Block
1 have been completed in accordance with the City ordinances and the plans and specifications
approved by the City on May 19,2017;that our survey crews provided construction staking for lines •
and grades; that the work is built correctly to the best of my knowledge and belief to the lines and
grades approved in the plans; that the materials and workmanship comply, to the best of my
knowledge and belief,with the approved plans and specifications; and that the plat has been filed for
record with the County Clerk;all with no exceptions.
Record Drawings are attached in accordance with the Platting Ordinance. As authorized
representative of the owners, I request that the City of Corpus Christi, in consideration of the
completion of this work, accept these improvements and dedications and assume ownership and
responsibility for future maintenance and operation.
Date: ,S-3.1-r
Signature
Urban Engineering
.e. ;r,,:,-A Firm Name
(Seal) ° > � `, ,t •
MURRAY F. HUDSON ! 2527 Swantner Drive
9Gtk,IIObepooa vmora0000nooaanaaoa,a n@ aa;��.
VA /
31 98 Lp G'` Address
x�R�e(y" •
fes;';��
� Corpus Christi,Texas 78404
•
(One exeeuted'iopyto be submitted to Director of Engineering Services, P.O. Box 9277, Corpus
Christi,Texas 78469)
STATE OF TEXAS §
COUNTY OF NUECES §
BEFORE ME,the undersigned authority, on this day personally appeared the undersigned
Affiant,who, being by me duly sworn,on oath stated:
My name is Murray Hudson, the Project Engineer of Urban Engineering. I am over the
age of eighteen years of age, of sound mind, capable of making this Affidavit, and fully
competent to testify to the matter state herein, and I have personal knowledge of each of the
matters stated herein.
Reference the Westpoint Crossing lots 1 & 2, block 1 project, Urban Engineering has
been paid in full by Peterson Development for all work associated with water and wastewater
public improvements as of the 24th day of July,2017.
Further Affiant saith not.
URBAN ENGINEERING
BY: —71....7947-----
Printed Name: MvrQui 14uettoA
\ SIGNED AND SWORN TO BEFORE ME on this the 2 q-111 day of
\� ,2017.
RAVIER t3ALVAN
it Notary 10+r1251661631N '.blicState s
My Commission Expires I
�s•�.• februriry 1,2021 0
Job No. 40706.B6.02
Li ' URBAN
ENGINEERING
February 1, 2017
Annika Gunning Yankee
Sr. Project Manager
Development Services
A Business Support Services Department
2406 Leopard
Corpus Christi, Texas 78408
Subject:Westport Crossing Lots 1 &2, Block 1 Water Improvements
Dear Annika,
Please find attached to date estimate of reimbursable improvements. Developer is requesting
reimbursement in the amount of $50,580.45 less previous reimbursement of $0.00 equals total currently
due $50,580.45, for to date improvements constructed at subject project. Also attached is the current
contractor payment request for your files. Please let me know if you have any questions. Below is
developer information.
Peterson Properties, Ltd
5830 McArdle suite 201
Corpus Christi, TX 78412
Sincerely,
URBAN ENGINEERING
Murray . Hudson, P.E.
enol/ph
(361)854-3101 2725 SWANTNER DR.• CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001
www.urbaneng.com
TBPE Firm#145
TBPLS Firm#10032400
Eng: Murf Hudson, P.E. Reimbursement Estimate June 1,2016
By: C.R.R. for Job No.40706.66.02
LOTS 1 and 2, BLOCK 1
WESTPOINT CROSSING
ITEM I DESCRIPTION QUAN. I UNIT' UNIT TOTAL
— PRICE I COST
A. WATER IMPROVEMENTS: ! 1 I 1
1 18"PVC C-900 -=---- --I- ---- ------ . ; {----------
330 ! LF I $29.00-,-_ $9,570.00
2 '8"Gate Valve and Box i 1 EA I _ :$1,300.00 $1,300.00
3 Fire Hydrant Assembly Complete In-place i 2 ; EA ' $3,600.00 $7,200.00
4 8"Cap -- — — 1 EA $800.00 I $800.00
5 Approx. 110' Bore and Case I 1 LS. $30,000.00 I $30,000.00
!WATER SUB-TOTAL:! $48,870.00
ENGINEERING,ADMINISTRATION AND SURVEYING @ 15%: $7,330.50
TOTAL REIMBURSEMENT: $56,200.50
PREVIOUSLY PAID WATER LOT ACREAGE FEE: $50,954.99
RETAINAGE @ 10%: $5,620.05
REIMBURSEMENT DUE LESS RETAINAGE: $50,580.45
i I
Urban Engineering
2725 Swantner
Corpus Christi, TX 78404
1-361-854-3101 1 oft
Job No. 40706.B6 02
LIURBAN
ENGINEERING
June 05, 2017
Annika Gunning Yankee
Sr. Project Manager
Development Services
A Business Support Services Department
2406 Leopard
Corpus Christi, Texas 78408
Subject:Westport Crossing Lots 1 &2, Block 1 Water Improvements
Dear Annika,
Please find attached total construction cost of reimbursable improvements. Developer is requesting total
reimbursement in the amount of $87,334.73 less previous reimbursement of $50,580.45 equals total
currently due $$36,754.28, for final improvements constructed at subject project. Also attached is the
current contractor payment request for your files. Please let me know if you have any questions. Below
is developer information.
Peterson Properties, Ltd
5830 McArdle suite 201
Corpus Christi, TX 78412
Sincerely,
URBAN ENGINEERING
Murray F. Hudson, P.E.
enol/ph
(361)854-3101 2725 SWANTNER DR.• CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001
www.urbaneng.com
TBPE Firm#145
TBPLS Firm#10032400
Eng: Murf Hudson, P.E. Revised Jumu05, 2O17
By: C.R.R. Reimbursement Estimate Job No. 40706.BG.O2
ADDITIONAL WATERLINE IMPROVEMENTS
LOTS 1 and 2, BLOCK 1
WESTPOINT CROSSING
[TEMQUAN. UNIT| UNIT' TOTAL
--------------'------- -- - '-- |-- - `' --'- ' --
' !
PRICE . COST
—
A.
mbNAL
WATER IMPROVEMENTS REQUIRED B. .~~~.
3 Fire Hydrant Assembly ��
4 8"Cap $7,200.00
Approx. -__ 1 EA | $80000
5 Borean� -' ' - - — ----''1 -- -` -----�-
11JOCase LS ' $30;000.00 $30.800.00
� - - - ' --------'- ---' -^' -i - ----
$46
SUB-TOTAL: zr ,.�:^'�-
B.AD TONAL' ----- ^ - - '- ---- --
! -
1 'Exploratory Excavation andRepairs1I LS / 7�24T-------
:$27;073.24
---------� --- ------' -�-- -'- - - - — --
ES - - ' -
�mo�/�m
CONSTRUCTION
ENGINEERING,ADMINISTRATION AND SURVEYING @ 15%i $11,381A9
• SUB-TOTAL: $87,334.73/ - --'--- - --' ---------- ' ------4-'-----'-- - - - _-_____'--
REIMBURSEMENT: $87,334.73
TOTAL
i ' ----
LESS PREVIOUS REIMBURSEMENTS ,
---- --- '�-- _L
NET TOTA�RE REIMBURSEMENT DUE 3— ' .-'
^NOTES:
'- --' - - - �---- | -- ` - - -' --'--'--
. Water acreage fees were paid in the amoUni of$50,954.99 by the develOper as part of the Plat recordation.
Therefore the total 2 ' -- direction��riot net of acreage Credit.
Exploratbry Work was pursued per
City. After review of findings and meetings with staff
'u ,decision was made not make the tie-in tO 16"line in TxDOT ROW:In lieu of this tie-in a
the
3
Section ^^ item ' ~ above sthe time and material charges for the ex!loratoryvmorx barricades,
•
4 � required.
The work necessary oo ,uncoverUrehydranteandhia�d b�����voheionotn�mbu,mabka
!and hsnot�o�dedinabove.
---
-
.
Urban Engineering
2725 Swantner
Corpus Christi, TX 78404
1-381'854'3101 1 of
I j URBAN
ENGINEERING
• Job No.40706.84.01
June 5,2017
Peterson Development
Attn: Reagan Brown
5830 McArdle Rd.,#201
Corpus Christi, TX 78412
Subject: West Point Crossing
Transmitted herewith.is Pay Estimate #9 (Final) for work completed at the subject project.
We recommend payment in the amount of$79,024.38 to Max Underground Construction. If you
have any questions, please call.
Sincerely,
URBAN ENGINEERING
11/1.7 116
Murray F. Hudson, P.E.
MFH/ph
Enclosures
xc: Max Underground Construction
(361)854-3101 2725 SWANTNER DR.• CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001
www.urbaneng.com
TBPE Firm#145
TBPLS Firm#10032400
MONTHLY PAY ESTIMATE
CONTRACTOR: MAX UNDERGROUND CONSTRUCTION LLC DATE: 6/05/17
P.O.Box 271106,Corpus Christi, TX 78427 ESTIMATE NO.: ' 9
PROJECT: WEST POINT CROSSING SANITARY SEWER IMPROVEMENTS JOB NO.: 40706.64.01
ten Descri.lion Quantic + Total Work Unit Price Total Ambunt
5%
SANITARY SEWER IMPROVEMENTS
General Conditions I LS Done 1to Date
$ 40,500.00 $ 40,500.00
Mobilization 1. LS • 1 $. 35,000.00 $- 35,000.00
11 Lift Station 1 LS 1 $ 259,000.00 $ 259,000.00
6"PVC Green C-900 Force Main(DR 25) 7040 LF 6795 $ 28.50 $ 193,657.50.
6"D.I.90 De•ree Bend M.J. 1 EA 1 $ 750.00 $ 750.00
6 6"D.1.45 Degree Bend(M.J.) 20 EA. 20 $ 675.00. $ 13,500.00 •
7 6"D.1.22 1/2 Degree Bend(M.J.) . . 3 EA 3 _ $ 650.00. $: 1,950.00
8 6"Plug 3 EA 3 $. -2,000.00 $ 6,000.00
9 Air Release Valve. 3 EA 3 ' $ 4,300.00 $ 12,900.00
10 12"Steel Casing 44 LF 44 $ 200.00 $ 8,800.00 •
11 As.halt Pavement Re.air 75 .SY 171 $ 90.00 $ 15,390.00
Tie to Proposed Force Main to Existing Sanitary Sewer 1 LS
Manhole $ 8,000.00 $ 6,000.00
Twin 30°RCP with S.E,T. 1 LS 1 $. 4,500.00 $ 4,500.00:
7"Thick Concrete Driveway 900._ SF 858 . $ ., 7.50 $ 8,435.00
IV'PVC Gravi Line. 14-16'Cut 368 LF 3511 $ 85.00 $ 29,835.00 .
SO"PVC Gravity Line(12'-14'Cut 683 LF 651 $ 78.00 $ 50,778.00 '
10"PVC Gravity Line(10'42'Cut) 525 LF 500 $ 55.00 $ 27,500.00
8"PVC Gravity Line(10'-12'Cut): 158 LF 151. $ 51.00 $ 7,701.00.
8"PVC Gravi Line 8'-10'Cut 578. LF 551' • $ 44.00 $ 24,244.00
20 8"PVC Gravity Line(5'-8'Cut) 532 .LF 532 $ 40.00 $. 21,280.00
21 5'Dia..Drop Manhole(14-16'Deep) 1 .EA. . 1 $ 13,850.00. $. 13,850.00
22 4'Dia..Drop Manhole(12-14'Deep) . . 2 EA-. 2 $ 10,500.00. $ 21,000.00
23 4'Dia.Drop Manhole(10-12'Deep) 1 - EA 1 . $ . 10,000.00 $ 10,000.00
24 4'Dia.Drop Manhole(8-10'Deep) 1 . EA 1 . $ 9,000.00 $ 9,000.00
25 4'.Dia..Drop Manhole(5-8'Deep) 2 EA 2 $ 8,500.00 $ 17,000.00
26 2"HDPE Waterline by Open Cut 84 LF 350 $ 20.00 $ 7,000.00
27 2"HDPE Waterline by Boring 163 LF 163 $ 30.00 $ 4,890.00 `
28 Water Meter I EA 1 $ ' 1,000.00 $ 1,000.00
29 Tie Proposed 2"HDPE Waterline to Exist.Waterline 1 EA 1 $ ' 2,000.00 $ 2,000.00'
30 Pollution Prevention Plan 1 LS 1 $ 3,750.00 $ 3,750.00
31 OSHA Trench Protection 2870 LF 2824 $ 4.00 $ 11,296.00 •
TOTAL $ 866,506.50
WATER IMPROVEMENTS
8"PVC C-900 CO#1 1535 LF 1855 $ 27.00 $ 44,685.00
Bore under OBR 1 LS- 1 $ 30,000.00 $ 30,000.00
8"Gate Valve 8 Box CO#1 4 EA 4 $ 1,200.00 $ 4,800.00
8"Ductile Iron Tee CO#1.. . 1 EA 1. $ 450.00 $ 450.00.
8"Ductile Iron Bends CO#1 . 4
EA 9 $ 445.00 $ 4,005.00
Fire Hydrant Assembly with Not-In Service Bags CO#1 4 EA 5 $ 3,600.00 $ 18,000.00
•
118?
Cap CO#1 EA 2 $ 800.00 $ 1,600.00
16"x 8"Tapping Sleeve w/8"Tapping G.V.CO#1 LS 1 $ 2,100.00 $ 2,100.00
Tle to Existin•Sleeve w!8"Ta..in.G.V.CO#1 LS 1 $ 1,000.00 $ 1,000.00
9 Pavement Repair(As Required)CO#1 LS 0 $2,500.00 $ -
10 Exploratory Excavation 8 Repairs LS 1 $27,073.24 $ 27,073.24
11 Place riser,flush,lest and remove blockSheathing on LS 1
Fire Hydrants $963.98 $ 963.96
III T• O
$ 134,677.20
MISCELLANEOUS ITEMS
Storm Water Pollution Prevention Plan Items CO#1 1 LS 1 $5,000.00 $ 5,000.00
Traffic Control Plan&Items CO#1 1 LS 1 $1,800.00 $ 1,800.00
General Conditions CO#1 1 LS 1 $3,100.00 $' 3,100.00
Xylem Water Solutionsanv.3558935790&3556938068 1 : EA 1 $2,497.00 $ 2,497.00
�- TOTAL $. .12,397.00 •
TOTAL WORK•TO DATE: $.1,013,589.70 ,
URBAN ENGINEERING 2725 SWANTNER CC,TX 78404 Page 1
MONTHLY PAY ESTIMATE
CONTRACTOR:MAX UNDERGROUND CONSTRUCTION LLC _ DATE: 6105117
1P.O.Box 271106,Corpus Christi, TX 78427 I ESTIMATE NO.: 9
PROJECT: WEST POINT CROSSING SANITARY SEWER IMPROVEMENTS JOB NO.: 40706.84.01-
lien Description Quantity+ Total Work Unit Price_Total Amount
5% Done to Date.
Original Contract: $ 863,929.00
Change Order#1 $ 79,975.00
Change Order#2 $ 2,497.00
Revised Contract Amount $ 946,401.00
Total Work to Date $1,013,580.70
Less 0%Retainage $ -
Amount Payable $1,013,580.70
Less Previous Payments $ 934,556.33
Total Amount Due this Estimate $ 79,024.38
Submitted by: Max Underground Construction LLC Date:6101/17
A�Flroved by:U n En ineeri,fj Date: 6/05/17
•
• •
•
•
URBAN ENGINEERING 2725 SWANTNER CC,TX 78404 Page 2
MAX Underground Construction,LLC t`'�'[� p`y,((l\
West Point Crossing Sanitary Sewer Improvements 1 V�,C..0.
.0, n V v
Murray Hudson,P.E. fl) .
Estimate 09—Final including Retalnage
Contract Total Including Change Order:5946,401.00
Quantity♦ Completed this Completed to
Description . 596 Unit Unit Price Month Date Total Price
A.Sanitary Sewer Improvements - ,
1 General Conditions I L5 540,500.00 100% $40500.00
2 Mobilization 1 LS 535,000.00 100% 535,000.00
3 Uft Station 1 LS $259,000.00 100.0% 5259,000.00 '
4 6'PVC GREEN C-900 Force Main(DR 25) 7,040 LF 57850 6,795 5193,65730
5 6'D.I.90 Degree Bend(50) 1 EA 5750,00 - I $750.00
6 6'D.I.45 Deg Bend(M1) 20 EA 5675.00 .20- $13,500.00
7 6'DA.22-1/2 Deg Bend(MI) 3 EA 5650.00 3 51550.00
8 6"Plug Valve 3 EA $2,050.00 3 56,030.00
9 Air Releaie Valve 3 EA $4,300.00 - 3 517,900.00
30 I2'Steel Casing 44 LF 5200.00 44 50,803.08 •
-11 Asphalt Pavement Repair" 75 Si' $90.00 171 , $15,390.00
12 Te Force Main to Existing 55 Manhole 1 LS 56,000.00 1 56,000.00
13 Twin 30'RCP with SET 1 is $4,500.00 1 $4,500.00
14 r Thic4 Concrete Driveway 900 SF • 57.50 858 56,435.00
• 15 10'PVC Gravity Une(14'-16'Cut) 368 LF 585.00 351 529,835.00
16•10"PVCGtavity Line(12'-14'Cut) ' 683 LF $78.00 651 550,778,00
17 10'PVC Gravity Line(10'42'Cut) 525 LF $55.00 500 $27,500.00
18 8'PVCGravity Une(10'•12'Cu! 158 LF 551.00 151 $7,701.00
19 8"PVC Gravity line.(8'-10'Cut) 578 LF 544.00 551 524,244.00
20 8"PVC Gravity Une(8•8'Cut)' 458 IF $40.00 532 521,280.00
21 5'Ola Manhole(14'-16'Depth) 1 FA $13,850.00 1 513,850.00
•
22 4'Dia Manhole(12'-14'Depth) 2 EA 510,500.00 2 $11,000.00
• 23 4'Dia Manhole(10'-12'Depth) 1 EA $10,000.001 510,000.00
24 4'Dia Manhole(8'•10'Depth) 1 EA 59,000.00 - 1 59,000.00
25 4'Dia Manhole(5'-8'Depth) 2 EA 58,500.00 2 517,000.00
26 2'HOPE Waterline by Open Cut•• 84 LF : 520.00
27 2'HOPE Waterline by Baring 163 53- 350 $7,000.00
0.00 163 54,890.00
28 Water Meter 1 LS $1,000.00 1 51,000.00
Tie Proposed 2'HOPE Waterline to
29 fisting Waterline 1 LS 52,000.00 1 52.000.00
30 Pollution Prevention Plan 1 1.5 53,750.00 100% $3,750.00
31 05HA Trench Safety•• 2,870 LF 54.00
7.824 513,796.00
Sub-total Part A Sanitary Sewer 5866,506.50
'LineA extended through%teid change-
July21;2016
•
'Ria In paint changed at
BuohMenddeks,•depth o/FM necessitated
use of trench box and additional patching
required r
••'Bored crossing mooed to tie In to
existing waterline;extended lcngtti of
pipe Chat was open cat
8.Water Improvements
1 8'PVCC-930 1,535 LF $27.00 1,655 544485.00
IA Bore ander On I LS $30,000.00
I $30,000.00
2 8•Gate Valve and Box 4 EA 51,200.00 - 0 $0,800.Do -
3 8"Oactive twice 1 EA $450.00 I $450.00
4 -8'DucUle Iron Bend 4 EA 5445.00 9 54,005,00
S Fire Hydrant Assembly w/NIS gags 4 EA $3,600.00 - S 518,00000
6 Le Cop 2 EA 5800.00 2 51,600.00 •
7 16"x8"Topping 5leevevi/8'Tripping GV I LS $2,100.00 .1 $1,20000
8 Te to Ensting WeterOne 1 Ls $1,000.00 1 51,00000
9 Pavement Repair(as required) 1 Ls 22,50000 50.00
Espforoacry s excavation and repair - '
10 (breakdown attochedJ 1 LS $27,071.24 1 $17,07314
Piece(iser,flush,tesr,andremave black
LI sheathing on pre hydrants s
5963.96 I $96146
Sub-total Part B Waterline 5134,577.20
C Miscellaneous improvements
Storm Water Pollution Prevention
1 •(watediee only) a IS 55,000.00 1 SS 00000
2 Traffic Control Plan(wacerifne only) 1 LS 51,805.05 1 $1,610.00
3 General Cenditions(watedineonly) I LS 53;10000 100% $3,100.00
4 xylem Water Se!ue/ons(per Invokes) 1 1.5 52,497.00 1 52,497.00
Sub-Total Part C Miscellaneous $12,397.00
TOTAL ESTIMATED IMPROVEMENTS COSTS: 51,013,580.70
less 10%Retainage: $000
Amount Payable: 51,813,550.70
Less Previous Amounts Paid end/or Billed: 5934,556.32
Not Due from This Estimate: 579,02438
Page t of ego
West Point Crossing
Extra costbreakdown-Waterline
FRIDAY,4/21
MET WATER DEPT.ON SITE TO IDENTIFY LOCATION OF EXISTING 16"WATERLINE
MONDAY,4/24
MOVED TO THE JOB SITE
HB5 SET BARRICADES
MET TXDOT ON SITE
TUESDAY,4/25
REMOVED SIDEWALK
BEGAN HYDROEXCAVATING IN THE GRASSY AREA AT THE CORNER
CONTINUED HYDROEXCAVTING INTO PAVEMENT
•
WEDNESDAY,4/26
CONTINUED WORK IN THE PAVEMENT
MOVED PAVEMENT BREAKER TO THE JOB
WEDNESDAY,5/3
MET WITH CITY
THURSDAY,5/4
•
REPAIRED SIDEWALK
BACKFILLED EXCAVATION WITH SAND CEMENT,LIMESTONE BASE
MONDAY,5/8
WEAVER STARTED/COMPLETED ASPHALT PATCH
THURSDAY,5/11
INSTRUCTED BY MURF TO REMOVE BARRICADES
HAULING TO PROJECT
SET UP BARRICADES
HYDROEXCAVATING
PAVEMENT DEMOLITION
DIRECT COSTS
HAULED EQUIPMENT TO/FROM JOB 1 LS $500.00 $500.00
HIGHWAY BARRICADES/MOB-DEMOB 1 LS $500.00 $500.00
HIGHWAY BARRICADES RENTAL COST 17 DAYS $59.50 $1,011.50
HYDROEXCAVATE 12 HRS $204.00 $2,448.00
BOBCAT WITH BREAKER 1 LS $405.00 $405.00
SAW CUT 1 LS $245.00 $245.00
PATCH PAVEMENT 1 LS $2,200.00 $2,200.00
•
SAND 55 TONS $8.50 $467.50
CEMENT 110 SKS
$7.80 $858.00
CONCRETE 2 Cy
REBAR $103.50 $207.00
1 L $25.00 $25.00
WIRE MAT 1 L5 $25.00 $25.00
West Point Crossing
Extra cost breakdown-Waterline
HOURLY RATE
(INCLUDES
24-Apr 25-Apr 26-Apr 3-May 4-May , 8-May 11-May TOTAL BENEFITS/0T) TOTAL LABOR
MAX 10 10 10 1 31 $ 55.00 $ 1,705.00
MANUEL 7 2 1 10 $ 55.00 $ 550.00
' CHUNTE 10 10 10 30 $ 48.00 $ 1,440.00
ALFREDO 4 3 5 7 5 24 $ 38.00 $ 912.00
JUAN 4 3 5 7 5 24 $ 22.00 $ 528.00
FERNANDO' 6 10 10 26 $ 45.00 $ 1,170.00
PINA 10 10 10 30 5 35.00 $. 1,050.00
RAFA 10 10 10 30 $ 40.00 5 1,200.00
ALBERT 4 5 9 $ 28.00 $ 252.00
JOSEPH 3 2 6 2 13 $ 28.00 $ 364.00
$9,171.00
DUMP TRUCK 1 4 5 9 542.00 $378.00
DUMPTRUCK2 3 2 6 2 13 $42.00 $546.00
RUBBER TIRED BACKHOE - 10 10 10 5 35 $52.00 $1,820.00
LOADER 10 10 10 5 35 $50.00 $1,750.00
COMPACTER
5 5 $46.00 $230.00
PICKUP TRUCK 1
10 10 10 1 31 $12.00 $372.00
CREW TRUCK 7 5 12 $15.00 $180.00
$5,276.00
MATERIALS/SUPPLIES/SUBS $8,892.00
LABOR $9,171.00
EQUIPMENT $5,276.00.
SUB-TOTAL-COST $23,339.00
OVERHEAD 8% $1,867.12
PROFIT 8% $1,867.12
TOTAL . $27,073.24
West Point Crossing
Extra cost breakdown-Waterline
THURSDAY,MAY 25
EXCAVATED END OF LINE;ADDED 2"RISER PER CITY REQUIREMENTS
WORK DONE UNDER OBSERVANCE OF CITY INSPECTOR
HOURLY RATE
(INCLUDES
25-May TOTAL BENEFITS/OT) TOTAL LABOR
ALFREDO 3 3 $ 38.00 $ 114.00
JUAN 3 3 $ 22.00 $ 66.00
FERNANDO 3 3 $ 45.00 $ 135.00
$315.00
RUBBER TIRED BACKHOE 3 3 $52.00 $156.00
CREW TRUCK 3 3 $15.00 $45.00
520L00
MATERIALS/SUPPLIES/SUBS $315.00
LABOR $315.00
EQUIPMENT $201.00
SUB-TOTAL-COST $831.00
OVERHEAD 8% $66.48
PROFIT 8% $66.48
TOTAL $963.96
DISTRIBUTION MAIN EXTENSION CONSTRUCTION
AND REIMBURSEMENT AGREEMENT
STATE OF TEXAS §
COUNTY OF NUECES §
This Water Distribution Main Extension Construction and Reimbursement Agreement
("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule
municipality, and Peterson Properties, 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 March 9, 2016 to develop a
tract of land, to wit: approximately 35.41 acres of land, known as Westpoint Crossing, Block 1,
Lots 1 and 2 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
distribution main extension ("Distribution Main Extension");
WHEREAS, it is to the best interest of the City that the Distribution Main Extension be
constructed to its ultimate capacity under the City's applicable Master Plan;
WHEREAS, Section 8.5.1.C.2. of the UDC authorizes the acceptance of applications to
be eligible for reimbursement in the future when certain funds become fully available in the
Distributions Main Trust Fund and are appropriated by the City Council, or from other applicable
funds otherwise authorized by City Council; and
WHEREAS, the Developer/Owner has submitted an application for reimbursement of the
costs for installing the Distribution Main Extension, as shown in Exhibit 2, the content of such
exhibit being incorporated by reference into this Agreement.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
in this Agreement, the parties do covenant and agree as follows:
1. REQUIRED CONSTRUCTION. Developer/Owner shall construct the Distribution Main
Extension 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.
2. PLANS AND SPECIFICATIONS.
' a. Developer/Owner shall contract with a professional engineer registered and licensed
in the State of Texas, acceptable to the City's Development Services Engineer, to
prepare and seal plans and specifications for the Distribution Main Extension, as shown
in the attached Exhibit 3, the content of such exhibit being incorporated by reference
into this Agreement, with the design in conformance with the City's Infrastructure Design
Manual as well as the following minimum requirements:
1. Install 330 linear feet 8-inch PVC C-900
2. Install one (1) 8-inch gate valve and box
3. Install one (1)fire hydrant assembly complete in-place
4. Install one 8-inch cap
b. The Distribution Main Extension must begin at the north end of property and
extend east alongside Old Brownsville Road and tie into proposed waterline on
South Padre Island Drive.
c. The plans and specifications must comply with the City's Water Distribution
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.
e. Intent of Plans and Specifications:
1. The intent of the plans and specifications is to prescribe a complete work or
improvement which the Contractor undertakes to do in full compliance with
the plans, specifications, special provisions, proposal, and contract.
2. The Contractor shall do all work as provided in the plans, specifications,
special provisions, proposal, contract, and any addendum issued, and shall
do such additional extra work as may be considered necessary to complete
the work in a satisfactory and acceptable manner.
3. The Contractor shall furnish all labor, tools, material, machinery, equipment
and incidentals necessary for the prosecution of the work.
3. SITE IMPROVEMENTS. Prior to the start of construction of the Distribution Main Extension,
the Developer/Owner shall acquire and dedicate to the City the required additional public utility
easements ("Easements"), if any, necessary for the completion of the Distribution Main
Extension.
4. PLATTING FEES. Developer/Owner shall pay to the City the required acreage fees and pro-
rata fees as required by the UDC for the area of the Distribution Main Extension.
5. DEVELOPER/OWNER TO AWARD CONTRACT FOR IMPROVEMENTS. Developer/Owner
shall award a contract and complete the Distribution Main Extension, under the approved plans
and specifications, by September 20, 2017.
6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract.
7. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in
performing their duties and obligations under this Agreement. If this Agreement calls for review
or inspections by the City, then the City's reviews or inspections must be completed thoroughly
and promptly.
8. DEFAULT. The following events shall constitute default:
a. Developer/Owner fails to engage a professional engineer for the preparation of plans
and specifications by the 10th calendar day after the date of approval of this Agreement
by the City Council.
Distribution Main Reimb Agmt-Peterson Properties,LP-Westpoint Crossing Blk 1,Lots 1 and 2 vFinal Page 2 of 10
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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 Distribution Main
Extension, according to the approved plans and specifications, by the 90th calendar day
after the date of approval of this Agreement by the City Council.
d. Developer/Owner's contractor does not reasonably pursue construction of the
Distribution Main Extension under the approved plans and specifications.
e. Developer/Owner's contractor fails to complete construction of the Distribution Main
Extension, under the approved plans and specifications, on or before September 20,
2017.
f. Either the City or the Developer/Owner otherwise fails to comply with its duties or
obligations under this Agreement.
g. Failure of the Developer/Owner to comply with Sections 13 or 14 of this Agreement.
9. NOTICE AND CURE.
a. In the event of a default by either party under this Agreement, the non-defaulting
party shall deliver notice of the default, in writing, to the defaulting party stating, in
sufficient detail, the nature of the default and the requirements to cure such default.
b. After delivery of the default notice, the defaulting party has 15 business days from the
delivery of the default notice ("Cure Period")to cure the default.
c. In the event the default is not cured by the defaulting party within the Cure Period,
then the non-defaulting party may pursue its remedies in this section.
d. Should the Developer/Owner fail to perform any obligation or duty of this Agreement,
the City shall give notice to the Developer/Owner, at the address stated in section 11, of
the need to perform the obligation or duty and, should the Developer/Owner fail to
perform the required obligation or duty within 15 days of receipt of the notice, the City
may perform the obligation or duty, charging the cost of such performance to the
Developer/Owner by reducing the reimbursement amount due to the Developer/Owner.
e. In the event of an uncured default by the Developer/Owner, after the appropriate
notice and Cure Period, the City has all its common law remedies and the City may:
1. Terminate this Agreement after the required notice and opportunity to cure the
default;
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
Distribution Main Reimb Agmt-Peterson Properties,LP-Westpoint Crossing Blk 1,Lots 1 and 2 vFinal Page 3 of 10
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performance within 30 days from the date the Developer/Owner receives notice
of the cost of performance. In the event the Developer/Owner pays the City
under the preceding sentence and is not otherwise in default under this
Agreement, then the Agreement shall be considered in effect and no longer in
default.
f. In the event of an uncured default by the City after the appropriate notice and Cure
Period, the Developer/Owner has all its remedies at law or in equity for such default.
10. FORCE MAJEURE.
a. The term "force majeure" as employed in this Agreement means and refers to acts of
God; strikes, lockouts, or other industrial disturbances; acts of public enemies;
insurrections; riots; epidemics; landslides; lightning; earthquakes;fires; hurricanes;
storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other
causes not reasonably within the control of the party claiming the inability.
b. If, by reason of force majeure, either party is rendered wholly or partially unable to
carry out its obligations under this Agreement, then the party claiming force majeure
shall give written notice of the full particulars of the force majeure to the other party
within ten (10) business days after the occurrence or waive the right to claim it as a
justifiable reason for delay. The obligations of the party giving the required notice, to the
extent affected by the force majeure, are suspended during the continuance of the
inability claimed but for no longer period, and the party shall endeavor to remove or
overcome such inability with all reasonable dispatch.
11. NOTICES.
a. Any notice or other communication required or permitted to be given under this
Agreement must be given to the other party in writing at the following address:
1. If to the Developer/Owner:
Peterson Properties, Ltd.
P.O. Box 8229
• Corpus Christi, Texas 78468 ••
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
with a copy to:
City of Corpus Christi
Distribution Main Reimb Agmt-Peterson Properties,LP-Westpoint Crossing Blk 1,Lots 1 and 2 vFinal Page 4 of 10
Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 3.29.16
Attn: Assistant City Manager, Business Support Services
1201 Leopard Street 78401
P. O. Box 9277
Corpus Christi, Texas 78469-9277
b. Notice must be made by United States Postal Service, First Class mail, certified,
return receipt requested, postage prepaid; by a commercial delivery service that
provides proof of delivery, delivery prepaid; or by personal delivery.
c. Either party may change the address for notices by giving notice of the change under
the provisions of this section.
12. THIRD PARTY BENEFICIARY. Developer/Owner's contracts with the professional
engineer for the preparation of the plans and specifications for the construction of the
Distribution Main Extension, contracts for testing services, and contracts with the contractor for
the construction of the Distribution Main Extension must provide that the City is a third party
beneficiary of each contract.
13. PERFORMANCE AND PAYMENT BONDS. Developer/Owner shall, before beginning the
work that is the subject of this Agreement, execute a performance bond if the contract is in
excess of$100,000 and a payment bond if the contract is in excess of$25,000. The
performance and payment bonds must comply with Texas Government Code, Chapter 2253.
14.1. WARRANTY. Developer/Owner shall fully warranty the workmanship of and function of
the Distribution Main Extension and the construction of the Distribution Main Extension for a
period of one year from and after the date of acceptance of the facilities by the City.
14.2. Removal of Defective and Unauthorized Work:
a) All work which has been rejected or condemned by the City must be repaired, or if it
cannot be repaired satisfactorily, it must be removed and replaced at the
Developer/Owner's sole expense.
b) Defective materials must be immediately removed from the site of the work. Work not in
conformance to the Plans and Specifications, work outside project scope, work done
without proper inspection, or any extra or unclassified work done without written
authority and prior agreement in writing as to prices shall be done at the Contractor's
risk, and considered unauthorized and not eligible for reimbursement.
c) The work, at the option of the City Engineer or the City's Development Services
Engineer, may be ordered removed at the Contractor's expense if not defective or not in
conformance with the City's Infrastructure Design Manual, and other laws, codes and
regulations.
•
•
d) Upon failure of the Developer/Owner to repair satisfactorily or to remove and replace
rejected, unauthorized, or condemned work or materials immediately after receiving
notice from the City, the City will, after giving written notice to the Developer/Owner,
have the authority to cause defective work to be.remedied or removed and replaced or
to cause unauthorized work to be removed, and to deduct the cost from any payment
due or to become due the Developer/Owner.
Distribution Main Reimb Agmt-Peterson Properties,LP-Westpoint Crossing Blk 1,Lots 1 and 2 vFinal Page 5 of 10
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15. REIMBURSEMENT.
a. Subject to the conditions for reimbursement from the City Developer Participation
Funds and the appropriation of funds, the City will reimburse the Developer/Owner the
reasonable actual cost of the Distribution Main Extension up to an amount of to exceed
$19,159.00 as shown in the attached Exhibit 4, the contents of such exhi it being
incorporated by reference into this Agreement.
b. The City agrees to reimburse the Developer/Owner on a monthly basis upon
invoicing for work performed. The reimbursement will be made within 30 days from the
date of the invoice in accordance with state law. Developer/Owner shall sumit 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 must be completed in a good and
workmanlike manner, in accordance with the approved plans and specifica ions, and in
compliance with the City's Infrastructure Design Manual, and all other local, state and
federal laws, codes and regulations, and must have been inspected and ac epted by the
City. .
d. In the event that this Agreement is terminated by the City as a result of n uncured
default by the Developer/Owner and at a time when there has been a parti I completion
and/or partial payment for the improvements, then the City shall only reimbyrse the
Developer/Owner for its costs that were legitimately incurred towards the cdmpletion of
the improvements that have been inspected and accepted by the City up to the time that
the uncured default occurred.
16. INDEMNIFICATION. DEVELOPER/OWNER SHALL FULLY INDEMNgFY, SAVE,
AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS,
OFFICIALS, EMPLOYEES, AND AGENTS ("INDEMNITEES') FROM AN AGAINST
ALL SUITS, CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, EXPENS S,
LIABILITY, DAMAGES AND JUDGMENTS RECOVERED FROM OR ASS RTED
AGAINST CITY FOR ANY AND ALL PROPERTY DAMAGE OR INJURIES1
SUSTAINED BY ANY PERSON, INCLUDING WITHOUT LIMITATION, WORKERS'
COMPENSATION, PERSONAL INJURY OR DEATH, ARISING FROM OR INCIDENT
TO, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER
PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION OF
THE DISTRIBUTION MAIN EXTENSION. THIS INDEMNIFICATION SPEG4 FICALLY
INCLUDES CLAIMS BROUGHT BY DEVELOPER, OR DEVELOPER'S 0 1 N
EMPLOYEES, AGENTS OR REPRESENTATIVES. THIS INDEMNIFICATIONS
SURVIVES TERMINATION OF THIS AGREEMENT.
17. COVENANT RUNNING WITH THE LAND. This Agreement is a covenant running with the
land, to wit: approximately 35.41 acres of acres known as Westpoint Crossing, Block 1, Lots 1
and 2, a subdivision in Corpus Christi, Nueces County, Texas, and must be record d in the
Official Public Records of Nueces County, Texas. The duties, rights, and obligatio s of the
Agreement are binding on and inure to the benefit of the Developer/Owner's succe sors or
assigns.
Distribution Main Reimb Agmt-Peterson Properties,LP-Westpoint Crossing Blk 1,Lots 1 and 2 vFinal Page 6 of 10
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18. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may
not be assigned by the Developer/Owner to another without the written approval and consent of
the City's City Manager.
19. DISCLOSURE OF INTEREST. Developer/Owner agrees, in compliance with the City
Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Interest form
attached to this Agreement as Exhibit 6.
20. EFFECTIVE DATE. This Agreement becomes effective and is binding upon and inures to
the benefit of the City and the Developer/Owner and their respective heirs, successors, and
assigns from and after the date of final execution by all parties.
21. AUTHORITY. The person signing this Agreement on behalf of each of the parties
represents,warrants, and guarantees that they have authority to act on behalf of the party and
make this Agreement binding and enforceable by their signature.
EXECUTED IN ONE ORIGINAL this day of 20
(EXECUTION PAGES FOLLOWS)
•
Distribution Main Reimb Agmt-Peterson Properties,LP-Westpoint Crossing Blk 1,Lots 1 and 2 vFinal Page 7 of 10
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ATTEST: CITY OF CORPUS CHRISTI
) .13.{ ite
Rebecca Huerta w+1.-id•for dr•Zee✓,
City Secretary Interim Development Services Director
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was signed by Rebecca Huerta, City S�cjret ry, for the,City of Corpus
Christi, Texas, and acknowledged before me on the L day of f i 1���-}- ,
2016.-i467e
Notary Public, State Of Texas
KENE 0 SAPENTER
My Commission Expires
October 15,2017
+'•Ra K�
THE STATE OF TEXAS §
COUNTY OF NUECES § w,„ , P�
This instrument was signed by Gefl-ft4c.Ciaelnterim Development Servicelgreqtor, for
M City of Corpus Chsti, Texas, and acknowledged before me on the lay of
H1a U5f- , 20y8
Pfie ' SSo/
Notary Public, State Of Texas
C rc\ O2G
Sc �c^b'r . 2017 3T carolL I l
I:.
APPROVED AS TO FORM: I
ItG( �..�
614t
SECRETARY ((
Assistant City Attorney
Distribution Main Reimb Agmt-Peterson Properties,LP-Westpoint Crossing Blk 1 Lots 1 and 2 vFinal Page 8 of 10
Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 3 29 16
Peterson Properties, Ltd.
By: CGT I stye,
Patric7a Peterson Nuss
General Partner
STATE OF §
COUNTY OF �
This instrument was acknowledged before me on AVV S4 I , 201p, by
Patricia Peterson Nuss, General Partner, Peterson Properties, Ltd., a Texas Limited
Partnership, on behalf of said partnership.
44,4-
.- .. 7 G(C:.rt< a
JUANAJEA CARTO Ndtary Public's/Signature
Notary ID 0My Commission Expires
June 3,2021
Peterson Prope 'es, Ltd.
•
By
Christy Peter on Brawn
General Partner
STATE OF
COUNTY OF _J�U{LCC. 3 ... §
This instrument was acknowledged before me on /�'U v, i /
l , 204 ; by
Christy Peterson Brown, General Partner, Peterson Properties, Ltd., a Texas Limited
Partnership, on behalf of sad partnership.
JUANA JEAN BARTON s''Li
T�1 Notary ID X101368260 I 1Votary Publi s Si nature
AO My Commission Expires g
Jane 3,201,1
Distribution Main Reimb Agmt-Peterson Properties LP-Westpo nt Crossing 8k 1.Lots 1 and 2 vEinal Page 9 of 10
Standard Form Distribution Main Reimbursement Agreement Template Version 1.0 3.29 16
Peter on Properties, Ltd.
\\\ )
i3y _
Jam= Peterson
Gener.,!''artner
STATE OFnt,i S §
COUNTY OF ._ § (44
This instrument was acknowledged before me on Ati iI 201;,
Y
James D. Peterson, General Partner, Peterson Properties, Ltd., a exas Limited Partners ip,
on behalf of said partnership r
�`, JUANA JEAN BARTON ► No ry Public's :ignature
4 '7 / Notary ID 010868260
�/�lMy Commission Expires
a'• June 3,2021
Distribution Main Reimb Agmt-Peterson Properties,LP-Westpoint Crossing BIk 1,Lots 1 and 2 vFinal Page 10 of 10
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Nates -•, )
��. a
1.)Total platted area Conlan,35.41 acres of lana Mdudos Street Dedication)
\y I
2)The receiving ler for the storm water runoff from this property theOso �`\'xd't t I...mull'
a
Geek Me TISO nes not classified Me aquatic fife use for the Oso reek,
but it is recognized as environmentally sensitive area me Om Creek mows \' ser. Uvan
erectly into the Oso Nay Me TCEO has classified Ue aquatic life use f«
Me Oso ear of "exceptional- and -oyster eaters- one catagwized the � �I'
receiving water as'conlact recreation"use. \i
�• r
3)Bearings based on C?S NADND,State Plane Coordinate System, 1�� al.
Testi South Zone 4205 2_ 6 - f_6Si.
4.)By graphic potting only.this property ie n Zone-C on Rood Insurance Rote - 3
Yap, Community Panel No. 485484 0105 C. City of Copus Christi, Texas, v• ��
whim Dears an effective dole of.Selly 23,1971 and Is not in a Special flood 0 `"'"son ,'� .. '�
Nueam Area.
County of Nuecee
5.)rfegalilmot wwi lt doDe slaaeduresnidMe iabutlMg pcomnce cowiMe ospace Corpus Christi,Tera
6.)Wastewater improvements provided by service agreement.filed am recorded in
Document No. Official Public Records of Nueces County,Texas.
0 P P G30O M G(t scat.of Texas
County of..
1 NOR-9 1016 lJ Tt4pia a 6w..am..property war appraeo by the Department of De.ela:.mer•
Splices of Me Gly d cape Christ.Taal.
PLANNING COMMISSION This me say of 20_
Plat of
Westpoint Crossing Patna .nim .es E; ,er"°
Block 1,Lots I and 2 010.01 Texas
3541 Apo of Lodcagy of Suedes
being portions S of Cad 9 Waugh 1717 1a,and
portionof Lob /h through I5,.Section 5,Rage VP,, f the 1.1:1:04,en�wtpon,nn°g c-rni v'«onrbed«Marry woe approve*m behou of me city of Corpus Christ,
Cipenhei4 S Cohn's Form Lots,a.Nap of which is recorded in
Volume A Page 53 Mop Records of Metes County, Texas,
Tracts 1-0 2-a.1-B and T ct 6,KM Gabriel Land,a map Dols Um__day a
of which is recanted in Volume 1,Page 22,Miscellaneous Mop
Records of Mitres County,Texas,a 9.980 Ape 7 C described
as Trod 17 conveyed in a warranty died I fbfriCp' Ray Daniel Secret,1.0.5.
nmm Pa001 J.Rari,a,AIA.NEED M,Charman
Peterson Puss to Peterson Properties, LID., 8 7 limited
partnership recorded re Document Number 527117 Official
Pubh'c Records of Maes County, Texas, 0 2.087 Acre Trost stat.of Teo.
conveyed n a warranty deed horn Page 2 Gabriel and wifeCounty of Hueco,
lhginio Moe Gariel to Gulfway Shopping Cede'Inca recorded inM.Send•,perk of Me Can County Curt and f eat!County,do hereby certify MM.at rw0n
egg
lo.Wme um, Poge 171 Deed Recwds of Moms County, �inetrument doted Me_day of 00_✓eNh lt,arNncoto of dMenticatkn war
leets,anal all of a 0.446 Ape Trod pd 2r a Worronty 111.1/«ream n my office
Me_day o/ 20_,At_Noloa_N.,and
Owed from 1V. Gabriel sod wife, Wnr/N Gadlel b ply recorded. Me_dor of 20_.a—__O'tlork_J4..n said County n
Peterson landed,Volume 90J Records E. vdume_Pop N.R«ada
Stat.of Texas Mums County Texas Page 357,Axed of
Carly of Nu«es YAMeesamy hand and seal of tM Canty Cert,n aid b void Canty.at office n Caps Christi
exe, yew yet written.
Peterson Properties,Lt a i a limited Partnership,hercertifies Mal it y
lip Ltd,
Me .ries ofMeforego.°peon, Mot it Is a
a.su lands and w.fyi,. • t.Down tea d fee simple.. xa.
operation easement.as iNo«are dedicatedato the p f1M for Record Baa Surds.Camay Gale
the pub,use forever:Mot
and u public u'Itiee, and that n sae mods Iw the Nuaces Canty.T
Purpose ofd description and dM'� tn. a 0'a«k_�
20 BR
M.the y f 20 Deputy
By Patricia Paterson Nur,Gem.Partner By Chris Ann Peterson Brawn.Geserol Partner
•
Syne of Tea.
Br CounlY of Nu«es
James O.Pet.mn.Genera Partner k Jana D.Corr,a Registered p. fond Lond Surveyor w Engineering,n
on the
S[av of Tvmav
heatof
'weaning nun
my�ased9..Informationemde 10157 I groundun m„g,.ke under contract to se
County a.00. ems comers en•nam m0 to compel.Bich oper0tlaa SNh dues and r ,able gm e
consistent.IID round profess..pratle.
Mu instrument was adnosSdg.Def«v me by Patricia Petersen Nue,ChM Ann Peterson
Brown and Janes D.Petersen.as Geer.Partners of Peter•ca Properties,110.0 Texa Mie the day of
Lim Partnership.m behalf of v*Ya
pyerNlp. 20
Lima.
My Me day of 20
Ane,O.Cm.R.P.LS
Tema lion.Ne 11468
Natalie Public In and far the Slate or Texas
URBAN`B A N\£TC Jdnuay n.Y0,6
l (� 5 :,_,07
ENt S
ENGINEERING W NO, 2SB0.0D
91EEF.1.4 d 2
I DRAWN et xc
Exhibit 1 Page 1 of 2
Plat of ,4h 1
7.2.. ".
a ..,aa _ _
Westpoint Crossinga ,�", ^°«-, °... r« j'''',:`,..7'..*...
.".x< <�'° �
t 09 a vno.Eno, r.
Block 1,Lots]and 2 .; n"r.a: G.°.;�m': ..1........c . w `.,. rr".°«^ i r" °r"W«°:�
.RS4/Acres d Land uo„.o a«b1 0 _ .°w:>. ...r - oma`-- i .L.2.2.-___L. c�xcai _ I^ _lms� I ue' ^ar7.c.,.
beteg podia's of Loth 9 through f1• I L__�� �^��
portions of Loth 14 through 1A Section 5,Rage N8,of the
vv.,e s on.u�,„
Ggen/man& ,o f Lob Map of reach is recorded o b Old
�0�•��OOb
G •r„ z 1/2�rico Iron Roe
Volume A, Page 53• map Records of N eras County, Teraq �'eFa.7 rs 1-8,1-6 3-B and Tract S MMGrbe/Land,a atop -E _ - _ - _ _ _ _ _ _
of which is recorded is Volare 2,Page 20 Mi ce/b ono Meq _8 g Gabel 1m*..a.
Records of Nueces County Texas, 9.980 Acre Trost deescribed_._ ra°ryin HOMY N52'42'241 367.64' l:.m„
os Tinct J corveaed n a ro ty deed ham Fbbinu RaN �' = x� - y_
Peterson Nuns t Peterson Properties L70., Texas im4ed �„ MUM no.v axc.rj »x
partnership recorded Document Number 837113, Official °.v.e r=s;,,. •e
Public Record of Maces County, Texas 0 1.083 Acre Trod
'' 9`a• b r
conveyed a o °°roo0ty deed/Poge J. Gabriel d wife, - a
Virginia Moe Gabnel to Guffaw Shopping Center hp recorded g f1
Volume 1310• Page 177, Deed Records of Nacres Coun(y, y,' y y� °'> I
t°I
Texas,orrd ap of a 0446 Bre Tract conveed a Worn, 'e>a '4
Deed / J.V. Gabriel and wife, Wanda Goblet to Roy E s g`r s �`�'L n>Ha �a1
Peterson recorded i2 Volume 903.Page 351,Deed Records of - S,•.o.74.%•.'6,,,‹o_ ria A
Abxes Canty.r >,>,, a /14
N.
DN3T42'24•E ,2x.00• ' �x . '1
YAR-9 7916 r• v
PLANNING COMMISSION '/-
1
4
. (a's°'a 2.14<
Off ; gI
Let 2®�•
i I ;
2273 AwnNis a I
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$tea,"' \ / II
546'0457 174556'
-
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---------n«aeNpo N�o1.4. �m7
NN1
Y
qr1 ONTE 2076
le SsQ x„r I�a" URBAN :1%7Z.
1'4600' / EN G I N EE R7 N C7. .JOB NO..40700.66.00
/ « � _ SHEET:2 or 2
ORA.Br 20
Exhibit 1 Page 2 of 2
APPLICATION FOR WATERLINE CREDIT
We, Peterson properties, LTD, a Texas limited partnership,
whose address is P .O. Box 8229, Corpus Christi, Texas, 78468,
Owner of proposed Westpoint Crossing Block 1 , Lots 1 & 2, hereby apply for
$19,159.00 credit towards the water lot/acreage fee for the installation of the 8" C-900
water line as provided for by City Ordinance No. 17092. $19,159.00 is the construction
cost, including 15% Engineering and Surveying, as shown by the cost supporting
documents attached herewith.
tAfp. 44-12J Plif9//1
Patricia Peterson Nuss
General Partner Date
Peterson properties, LTD
MJUAJEAN3BARYONE"p"e`THE STATE OF TEXAS § °aNA20
Jens 3,2017
''•s e
COUNTY OF NUECES § — " — —
This instrument was ackn wledged efore me on Av s 1- /(1
2016, by lgIVI'Lic, i-it,,,sdl„ &Ws (Name), /d.✓ lu✓ (Title),
of Peterson properties, LTD, a Texas Limited Partnership, on behalf of the said
- ..
o
� A, JUANA JEAN BARTON � �
LI My Commission Expires I I
I +��,.�+ Juns 3,2017 I �t —:.2 � L
I N fary •c in a',d for the State of Texas
(;ir 'fii, t''' r ' fn /MI6 Y/i/fig
Chris Ann Peterson town Date
General Partner
Peterson properties, LTD
THE STATE OF TEXAS ` 4.
§ r` JUANA JEAN BARTON
My Commission Expires
COUNTY OF NUECES § ,,�I June 3,2017
This instrument was acknpwledRed befo59 me on A vet r I'j
2016, by ‘-i,v,s .trir Iz-tevi 1, s khn (Name), ,-c,, 4 f',r4y,z-/ (Title),
of Peterson properties, LTD, a Texas Limited Partnership, on behalf of the said
partn r i .
A* JUANA JEAN BARTON
My Commission; gUes G 1 45.#:ft and ---1;:',>a-
W-.1 Texas June 3.20 Public in and for the State of Texas
'' ''`' r i-3-,i+ 7
Poe 1 of 2
\ 006
J . Peterson
General Partner Date
Peterson properties, LTD
T1s
THE STATE OF GAUIORMfA §
COUNTY OF SAN Oft%RD/cRA §
ff✓te/rres
This instrument was acknowledged be a me on 41-1&54 /61
2016, by
��S �JQv� �;s /�t�e,�'t1�,, (Name), ��-vc� !"L�I�k✓ (Title),
of Peterson properties, LTD, a Texas Limited Partnership, on behalf of the said
rship_- -
_Ali, JUANA JEAN BARTON
My Commission Expires c t‘1,1 et, 47,. �} �'�
June 3.2017 etary Public in en for the Stat of Fsiikrmis
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 Distribution Main Trust Fund, and
(b) Appropriation and approval by the City Council.
Development Services Engineer Date
PyhihitPage 2 of 2
CONSTRUCTION PLANS
FOR PUBLIC WATER IMPROVEMENTS TO
LOTS 1 AND 2, BLOCK 1 =
WESTPOINT CROSSING ._ m ,.R.a
CORPUS CHRISTI, TEXAS SHEET INUE%•
SHEET 2 WATERS PEST
SHEET 3 STORY WATER POLLUTION PREVENTION PIAN
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Exhibit 3 Page 1 of 3
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Records of Noeces Est , Brown -Lex Troct
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STORMWATER POLLUTION
PREVENTION PLAN
LOTS 1 AND 2. BLOC( 1
MESTP01NT CtOS313
CORMS CHRIST, T.O.S
PLAN C
-x
Eng.: Murf Hudson, P.E. DEFERMENT AGREEMENT July 13, 2016
By: C.R.R. for Job No. 40706.66.02
LOT 1, BLOCK 1
WESTPOINT CROSSING
Item Description Quantity+ Unit Unit Price Total
5% Amount
A. SANITARY SEWER IMPROVEMENTS
1 Lift Station 1 LS $259,000.00 $ 259,000.00
2 6" PVC Green C-900 Force Main (DR 25) 7,040 LF $ 28.50 $ 200,640.00
3 6" D.I. 90 Degree Bend (M.J.) 1 EA $ 750.00 $ 750.00
4 6" D.I. 45 Degree Bend(M.J.) 20 EA $ 675.00 $ 13,500.00
5 6"D.I. 22 1/2 Degree Bend(M.J.) 3 EA $ 650.00 $ 1,950.00
6 6" Plug 3 EA $ 2,000.00 $ 6,000.00
7 Air Release Valve 3 EA $ 4,300.00 $_ 12,900.00
8 12"Steel Casing 44 LF $ 200.00 $ 8,800.00
9 Asphalt Pavement Repair 75 SY $ 90.00 $ 6,750.00
Tie to Proposed Force Main to Existing Sanitary Sewer 1 LS $ 6,000.00
10 Manhole $ 6,000.00
11 Twin 30"RCP with S.E.T. 1 LS $ 4,500.00 $ 4,500.00
12 7"Thick Concrete Driveway 900 SF $ 7.50 $ 6,750.00
13 10" PVC Gravity Line(14'-16'Cut) 368 LF $ 85.00 $ 31,280.00
14 10"PVC Gravity Line(12'-14'Cut) 683 LF $ 78.00 $ 53,274.00
15 10" PVC Gravity Line(10'-12'Cut) 525 LF $ 55.00 $ 28,875.00
16 8"PVC Gravity Line(10'-12'Cut) 158 LF $ 51.00 $ 8,058.00
17 8"PVC Gravity Line(8'-10'Cut) 578 LF $ 44.00 $ 25,432.00
18 8"PVC Gravity Line(5'-8'Cut) 458 LF $ 40.00 $ 18,320.00
19 5'Dia. Drop Manhole(14-16'Deep) 1 EA $ 13,850.00 $ 13,850.00
20 4'Dia. Drop Manhole(12-14' Deep) 2 EA $ 10,500.00 $ 21,000.00
21 4'Dia. Drop Manhole(10-12'Deep) 1 EA $ 10,000.00 $ 10,000.00
22 4'Dia. Drop Manhole(8-10'Deep) 1 EA $ 9,000.00 $ 9,000.00
23 4'Dia. Drop Manhole(5-8'Deep) 2 EA $ 8,500.00 $ 17,000.00
24 2"HDPE Waterline by Open Cut 84 LF $ 20.00 $ 1,680.00
25 2"HDPE Waterline by Boring 163 LF $ 30.00 $ 4,890.00
26 Water Meter 1 EA $ 1,000.00 $ 1,000.00
27 Tie Proposed 2" HDPE Waterline to Exist.Waterline 1 EA $ 2,000.00 $ 2,000.00
28 OSHA Trench Protection 2,870 LF $ 4.00 $ 11,480.00
SANITARY SEWER SUB-TOTAL $ 784,679.00
URBAN ENGINEERING TBPE FIRM NO. 145
2725 SWANTNER DRIVE
CORPUS CHRISTI,TEXAS 78404
361-854-3101
Exhibit 4 Page 1 of 3
Eng.: Murf Hudson, P.E. DEFERMENT AGREEMENT July 13, 2016
By: C.R.R. for Job No. 40706.66.02
LOT 1, BLOCK 1
WESTPOINT CROSSING
Item Description Quantity+ Unit Unit Price Total
5% Amount
B. WATER IMPROVEMENTS:
1 8"PVC C-900 1,442 LF $ 26.00 $ 37,492.00
2 8"Gate Valve and Box 4 EA $ 1,500.00 $ 6,000.00
3 8"Ductile Iron Tee 1 EA $ 475.00 $ 475.00
4 8"Ductile Iron Bends 4 EA $ 425.00 $ 1,700.00
5 Fire Hydrant Assembly Complete In-place 4 EA $ 3,500.00 $ 14,000.00
6 8" Cap 2 EA $ 250.00 $ 500.00
7 16"x8"Tapping Sleeve w/8"Tapping Gate Valve 1 LS $ 2,500.00 $ 2,500.00
8 Tie to Existing Water Line 1 LS $ 1,000.00 $ 1,000.00
9 Pavement Repair(as Required) 1 LS $ 2,500.00 $ 2,500.00
WATER SUB-TOTAL: $ 66,167.00
C.MISCELLANEOUS ITEMS:
1 General Conditions 1 LS $ 44,000.00 $ 44,000.00
2 Mobilization 1 LS $ 35,000.00 $ 35,000.00
3 Storm Water Pollution Prevention Plan Items 1 ' LS $ 6,250.00 $ 6,250.00
4 Traffic Control Plan and Items 1 LS $ 4,500.00 $ 4,500.00
MISCELLANEOUS ITEMS SUB-TOTAL: $ 89,750.00
TOTAL ESTIMATED IMPROVEMENTS COSTS: $ 940,596.00
ENGINEERING(8%): $ 75,247.68
STAKING AND TESTING(3%): $ 28,217.88
CONTINGENCY(10%): $ 101,250.00
GRAND TOTAL: $ 1,145,311.56
URBAN ENGINEERING TBPE FIRM NO. 145
2725 SWANTNER DRIVE
CORPUS CHRISTI,TEXAS 78404
361-854-3101
Exhibit 4 Page 2 of 3
Eng: Murf Hudson, P.E. Reimbursement Estimate June 1,2016
By: C.R.R. for Job No. 40706.B6.02
LOTS 1 and 2, BLOCK 1
WESTPOINT CROSSING
ITEM DESCRIPTION QUAN. QUAN. + UNIT UNIT TOTAL
5% PRICE COST
A. WATER IMPROVEMENTS:
1 8"PVC C-900 330 347 LF $30.00 $10,410.00
2 8"Gate Valve and Box 1 1 EA $1,500.00 $1,500.00
3 Fire Hydrant Assembly Complete In-place 1 1 EA $4,500.00 $4,500.00
4 8"Cap 1 1 EA $250.00 $250.00
WATER SUB-TOTAL: $16,660.00
ENGINEERING,ADMINISTRATION AND SURVEYING @ 15%: $2,499.00
TOTAL REIMBURSEMENT: $19,159.00
Urban Engineering
2725 Swantner
Corpus Christi, TX 78404
1-361-854-3101 1 of 1
Exhibit 4 Page 3 of 3
INSURANCE REQUIREMENTS
CONTRACTOR'S LIABILITY INSURANCE
A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained
and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to
commence work until all similar insurance required of the subcontractor has been so obtained.
B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with
applicable policy endorsements showing the following minimum coverage by an insurance company(s)
acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General
Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable
policies.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-Day Notice of Cancellation required on all Bodily injury and Property Damage
certificates or by policy endorsement(s) Per Occurrence/aggregate
COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence
1. Broad Form $2,000,000 Aggregate
2. Premises—Operations
3. Products/Completed Operations Hazard
4. Contractual Liability
5. Broad Form Property Damage
6. Independent Contractors
7. Personal and Advertising Injury
8. Professional Liability(if applicable)
9. Underground Hazard(if applicable)
10. Environmental(if applicable)
BUSINESS AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit
1. Owned
2. Hired&Non-owned
3. Rented&Leased
WORKERS' COMPENSATION Which Complies With The Texas Workers'
(for paid employees) Compensation Act And Paragraph II Of
This Exhibit.
EMPLOYER'S LIABILITY $500,000/$500,000/$500,000
PROPERTY INSURANCE Contractor shall be responsible for insuring all owned,
rented, or leased personal property for all perils.
C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with
copies of all reports of such accidents within ten(10) days of the accident.
Exhibit 5 Page 1 of 3
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
City of Corpus Christi,Texan
Department of Development SenatesC1ty Of P 0 Box 9277
Corpus Christi,Texas 78469-927
Corpus (361)826-3240
�o +�' Located at: 2406 Leopard Street
r_ or_Christi (Corner of Leopard St and Pon Aye
DISCLOSURE OF INTERESTS
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the
City to provide the following informal n. Every question must be answered. If the question is not applicable,
answer with"NA". ll
NAME: `Q.-4,e/Y--en '1`0 -1'1-p ) J L. -
STREET: fb .°x £"2 CITY: ✓,i 1 t L-f(Z'i ZIP: 70
FIRM is: ❑Corporation gPartnership 0 Sole Owner 0 Association 0 Other
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm".
Name Job Title and City Department(if known)
khi
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
4,Ak
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
/
r ,o11
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
A/v)/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.
r ) jCertifying Person: O+ ✓ c te+/Sffv S Title: aP, IC'',,J,,,,,,
(Print)
kvit ' 6
Signature of Certifying Person: ��
,soh 4' 1° Date: 17/?VI/X
K\DEVELOPMENTSVCSSHARLj7LAND DEVELOPMENRORDLNANCE ADM N1STRATI;MAPPUr ATI-'N FOR.MS\FORMS AS PERI EGAL12012''DISCLOSURE OF INTERESTS
srn7 .r 2712DOC Exhibit 6 Page 1 of 2
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, es 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.
KWEVELOPMENTSVCSSAARED'.LAND DEVELOPMIENTTORDINANCE ADMINISTRATtoMADPI ICATIflM FOR.\IS,FORSLS AS PER LEGAL.:0l2DlSCLO5IJRE OF INTERESTS
STATEMENTI'27 12 DOC Exhibit 6 Page age 2 of 2
City of Corpus Chtistl,Teams
Department of Development Scrv,cr.
City o47 P.O Box 9277
Corpus Christi,Texas 78469.927
Corpus (361)826-3240Set
�� s� Located at. 2406 Leo
pard r• Christi (Corner of Leopard St and Port Ave
44•••••00.4.09
DISCLOSURE OF INTERESTS
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the
City to provide the following information. Every question must be answered. If the question is not applicable,
answer with"NA".
NAME: '���"�f I r" r s 24
STREET yo 6-0)? �d 1 CITY: gym/r ) IP: `-)eyP
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)
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest"
constituting 3%or more of the ownership in the above named"firm".
Name
Title
3. State the names of each "board member" of the City of Corpus Christi having an `ownership interest"
constituting 3%or more of the ownership in the above named "firm".
Name Board, Commission or Committee
/Uo r z
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
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 r quest , m-t,r pplemental statements will be promptly submitted to
the City of Corpus Christi, Te s ch s o c . p
Certifying Person: rvy / r , tra
Title: c�oy a
Signature of Certifying (t'IVS I �r�h W jar' /
g Date: g/5"-//
K\DEVELOP1.ff.NTSVCS\SHARED.LAND DI\TI.OP.MEYTORDLNANCE.ADMLNISTRATIs_.eAPPLICATION FORMS\FORMS AS PER LEGAL2012,DISCLOSURE OF INTEAF_SrS
STATE N'T 27 12130C
=vhihit R
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 lDEVELOPt1ENTSVCSSfIARED1ANp DEVELOPMENtOROINANCE ADMINISTRATIONNAPPLICATInN FORASSFORMS AS PER LEGAL2oL V DlscLOSi%RE OF INTERESTS
STATEMIENTI 2712 DOC Exhibit 6
Page 2 of 2
6, City of Corpus Christi,Texas
Department 01-Development Services
City of P O Box 9277
Corpus Christi,Texas 7£469.9277
Corpus (361)826-3240 Street
r Located at. 2406 Leopard
= Christi (Carnet of Leopard SL and Port )
DISCLOSURE OF INTERESTS
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the
City to provide the following information Every question must be answered. If the question is not applicable
answer with"NA".
NAME: �V alavil•st r/
'° / t �7plif
STREET: 1�.� � j CITY: •I, y ZIP:
FIRM is: ❑Corporation [tJ Partnership D 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 / /1p 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 Title
3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"
constituting 3%or more of the ownership in the above named"firm".
Name { Board, Commission, or Committee
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
CERTIFICATE
I certify that all information provided is true and correct as of the date of this statement, that 1 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: `�--� bj ���i �ZSSr,
Title: (?�.Pi+.�j
(Print)
Signature of Certifying Person: \, �`
�'��, �� � � t�n�� Date: es-pi
K'AE ,I NTS27 12 IVCy�HAREVLAND DEVELOP/.11 ,T.0111)NAN,(.AUMLN Ls .'710 UCATTON FORM STORMS AS PER LEGAL\2012\OISCLOSURE OF 1 TFRF_STS
JJ FYhihit 6
DEFINITIONS
a. "Board Member". A member of any board,commission or committee appointed by the City Council of the City of
Corpus Christi,Texas.
b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but
not as an independent contractor.
c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether
established to produce or deal with a product or service, including but not limited to,entities operated in the form
of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture,
receivership or trust and entities which,for purposes of taxation,are treated as non-profit organizations.
d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City
Managers,Department and Division Heads and Municipal Court Judges of the City of Corpus Christi,Texas.
e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including
when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to
holding or control established through voting trusts, proxies or special terms of venture or partnership
agreements.
f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the
purpose of professional consultation and recommendation.
K DEVELOPMENTSVCSSUAREDIAND DEVELOPMENTORDIN,\NCE ADMINISTkATlON4APPLICAaTIOON FORMS\FORAIS AS PER LEGAL:II:DISCLOSURE OP INTERESTS
SCATEMEN71 2712 DOC Exhibit 6 Page 2 of 2
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 it 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. 2016-96437
Peterson Properties, Ltd
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 08/08/2016
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
2
Water line reimbursement agreement at Westpoint Crossing Lots 1&2 Block 1,Corpus Christi,Nueces County,TX
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
5 Check only if there is NO Interested Party. ❑
6 V
I swear,or affirm.and en Iry of perjury,that the abovetiisf.losure is true and correct
f X11 JUANA JEAN BARTON
4 ' /
^, Afy Commission Expires
j June 3,2017
/.k\•1.Signature of au t orized agent of contractingbusiness entity
AFFIX NOTARY STAMP/SEAL ABOVE yl.
Sworn o and subscribed before me,by the said 171L I C3,_ .YSI�}ry 5 S.this the / _ day of
20 j ,to certify which,witness my hand and seal of office.
,
Tri �%: iceriministering oath Printed name of officer administering oath Tide of officer ad : -gte ig oath
Forms providedbyTexas Ethics 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 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 it 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.
Peterson Properties,Ltd 2016-96437
Corpus Christi,TX United States Date Filed:
2 Name of governmental entity or state agency that is a parry to the contract for which the form is 08/08/2016
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
2
Water line reimbursement agreement at Westpoint Crossing Lots 1&2 Block 1,Corpus Christi, Nueces County,TX
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
5 Check only if there is NO Interested Party.
X
6 AFFIDAVIT
I swear,or affirm,under penalty of penury,that the above disclosure is true and correct.
r"4°."mh.ah"illimdd.."16411h-Abna6";
JUANA JEAN BARTON
A1•- My Commission Expires •
VA." June 3.2017
( ''; °r Signature o authorizednt of contracting tractrng Yustness entity
•
AFFIX NOTARY STAMP/SEAL ABOVE /f
Swor rand subscribed before me.by the said (,..:11/i'LLIAL (€4--Q01.1. /r -t,/this the day of
20 � ,to certify which,witness my hand and seal of office
c• tiz.i rr } Lf r 110,Tt. ♦ it Ar<
Signature of°Mbar-administering oar officer
9 Printed name of officer administering oath Title of atlrr>inistering oath
Forms provided by Texas Ethics Commission www,ethics.state.tx.us Version V1.0.277
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
we
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. 2016-96437
Peterson Properties,Ltd
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 08/08/2016
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.
2
Water line reimbursement agreement at Westpoint Crossing Lots 1&2 Block 1,Corpus Christi, Nueces County,TX
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling J Intermediary
5 Check only if there is NO Interested Party. ❑
X
�IF�IDoVIi � � — — is� � ir-- 'r�
I swe or a ,u r penalty of perjury,that at
{ �* p r1 ry, ove disclosure is true and correct
JUANA JEAN BARTON
My Commission Expires f,
- June 3,2017 1y�
in ere o authorized nt of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE
Sworri to and subscribed before me,by the said '"" a 6f Cif : this the /3 day of v.3+'3 4
20 ,to certify which,witness my hand and seal of office.
,a-*C1 /111°.-1‘
Signature of r administering oath Printed name of officer administering oath Title of officer a inistering oath
Forms provided by Texas Ethics Commission www.ethics.state.bc.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.
City Council Action Date: Legistar Number: 17-1249
October 10, 2017
Agenda Item:
Ordinance authorizing the City Manager or designee to execute an amendment to the
Distribution Main Extension Construction and Reimbursement Agreement ("Agreement") with
Peterson Properties, Ltd., ("Developer"), for the additional construction cost of a distribution main
line and appropriating $64,035.73 from the No. 4030 Distribution Main Trust Fund to reimburse
the Developer in accordance with the amendment to the original Agreement.
Amount Required: $ 64,035.73
Fund Name Accounting Unit Account No. Activity No. Amount
Water Distribution Main 4030-21806-777 540450 $64,035.73
Trust Fund
Total $64,035.73
❑ Certification Not Required
Director of Financial Services
Date: OCT 0 9 2017