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HomeMy WebLinkAbout15291 ORD - 01/02/19801p:12/31/79:1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH W.B.C. HOLDINGS, INC., DEVELOPER OF WOOLDRIDGE CREEK SUBDIVISION, UNIT 4, WHEREBY THE CITY OF CORPUS CHRISTI WILL PARTICIPATE IN THE COST OF CONSTRUCTING A BRIDGE CROSSING A DRAINAGEWAY AND CONNECTING TO PRE- VIOUSLY DEVELOPED WOOLDRIDGE CREEK UNIT 1, AND WHEREBY THE CITY WILL REIMBURSE THE DEVELOPER $15,190.18 FOR THE CITY'S SHARE OF CONSTRUCTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT MARKED "EXHIBIT;,A, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING $15,190.18 OUT OF THE NO. 220 STREET BOND FUND FOR REIMBURSEMENT TO THE DEVELOPER, APPLICABLE TO PROJECT NO. 220-77-28, WOOLDRIDGE CREEK SUBDIVISION, UNIT 4, BRIDGE CONSTRUCTION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be and he is hereby authorized to execute an agreement with W.B.C. Holdings, Inc., developer of Wooldridge Creek Subdivision, Unit 4, whereby the City of Corpus Christi will partici- pate in the cost of constructing a bridge crossing a drainageway and connect- ing to previously developed Wooldridge Creek Unit 1, and whereby the City will reimburse the developer $15,190.18 for the City's share of construction in accordance with thecterms and conditions of the agreement, marked "EXHIBIT A", a substantial copy of which is attached hereto and made a part hereof. SECTION 2. That there is hereby appropriatedilthe3sum of $15,190.18 out of the No. 220 Street Bond Fund for reimbursement to the developer, applicable to Project No. 220-77-28, Wooldridge Creek Subdivision, Unit 4, Bridge Construction. SECTION 3. The necessity to authorize execution of the aforesaid agreement and appropriation of the funds hereinabove described in order that construction may be commenced and completed at the earliest practicable date creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared that such emergency and necessity5 exist, having 15,x( - .MICROFILMED,. AUG 2 81980 requested the suspension of the Charter rule and that this ordinance take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the pr day of January, 1980. ATTEST: -11J/):, (;,Z7 `City Secretary l MAYOR - THECITY OF CORPUS CHRISTI, TEXAS APPROVED: nm( DAY OF JANUARY, 1980: J. BRUCE AYCOCK, CITY ATTORNEY ty Attorney AGREEMENT THE STATE OF TEXAS X COUNTY OF NUECES X THIS AGREEMENT is entered into between the City of Corpus Christi, hereinafter called "City", and W. B. C. Holdings, Inc., hereinafter called "Developer".- - - WHEREAS, the "Developer" in compliance with the "City's" Platting Ordinance, Section -IV, Subsection 16, proposes to develop a subdivision called Wooldridge Creek Unit 4, which development will require a bridge crossing a drainageway and connecting to previously developed Wooldridge Creek Unit 1. NOW, THEREFORE, the "City" and the "Developer" agree as follows: • . '1.. The "Developer" will construct the required bridge in accor- dance with Platting Ordinance pro -rata participation, including pavement, curb and gutter, sidewalks and guard rails. The improvements will be constructed in accordance with the plans and specifications approved by the Department of _ Engineering and Physical Development. This Agreement shall be null and void should the subdivision construction authorized by the approved plans and speci- fications not be carried out_within the time limits specified in the "City's" Platting Ordinance. The construction will be contracted for and financed by the "Developer". - 2. The "City" agrees to reimburse the "Developer" its pro -rata share of the above described construction cost plus engineering as is shown on the attached Construction Cost Materials, marked "EXHIBITS "A", "B" and "C", and Map, marked "EXHIBIT D" attached hereto and made a part hereof. For purposes of this Agreement, the amount of the "City" reimbursement to the "Developer" shall not exceed Fifteen Thousand One Hundred Ninety and 18/100 Dollars ($15,.190.18). The actual reimbursement will be adjusted according to the actual construction cost after completion of the work, but in no event shall it exceed the above stated amount. The "City's" payment to the "Developer" will be made after completion and acceptance of all subdivision improvements. - 3. The "Developer" agrees to indemnify the "City" against any claims arising as a result of this project. 4. The Agreement shall become effective and shall be binding upon and shall inure to the -benefit of the parties hereto and their respective heirs, successors and assigns from and after the date of execution. EXECUTED IN DUPLICATE, each of which shall be considered an original, this the day of , 1979. ATTEST APPROVED: (7 City Secretary day of J. BRUCE AYCOCK, CITY ATTORNEY By , 1979 , Assistant Attorney Director of Finance THE STATE OF TEXAS X COUNTY OF NUECES X THE CITY OF CORPUS CHRISTI By R. Marvin Townsend, City Manager DEVELOPER: By Title W. B. C. Holdings, Inc. Before me, the undersigned authority, on this day personally appeared , known to me to be the person and official whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and consideration therein expressed and in the capacity stated. Given under my hand and seal of office this the day of , 1979. Notary Public in and for Nueces County, Texas -2- DIVISION 1 - GENERAL REQUIREMENTS SECTION IA - BID DOCUMENTS TO: D1.11:0: 1114 PROPOSAL,FOR LUMP SUM BXD De rrr•r;c 19 19'79 Proposal for Construction of M.C. Box Culvert Ditch Crossing - fo Gentlemen: Wooldridge Creek Unit 4 1114.2 The undersigned, having visited the site of proposed construction of tho above noted project, and having familiarized itself with local conditions affecting the cost of the work with all requirements of Contract Documents as prepared by the Engineers, and all Addenda to said Documents, hereby proposes to furnish all things as required .by said Documents and Addenda thereto for the construction of said improvements for the lump sum price .for work in place as follows: Base Bid for construction of.entire project: l'a ry S'/ 7 /45:4AI p fiNr) Tai,eg.r/ Dollars and F.,ox.ri cents (s 4,4 0zo. Slp ), _ We have investigated the site conditions, fully satisfied ourselves of both the surface and subsurface conditions there, and based our bid accordingly. Xf awarded_ this contract,'the undersigned will complete __the work with ^ calendar days--from=the date of the notice to proceed_ ATT/EST: // (Seal - If Corporation) EXHIBIT A-1 HELDENFELS B ROTH EY: :•': Contractor Address 1114 Proposal for Lump Sum Bid Page 1 of 2 1114.2 ADDENDUM RECEIPT: Receipt of the following addenda, to the Contract Documents is acknowledged: ADDENDA NO. DATE RECEIVED SIGNED 1114.3 LTD ACCEPTANCE: If written notice of the acceptance of this Bid is mailed, telegraphed, or delivered to the Bidder within 30 days after the date for opening of Bids or anytime thereafter before this bid is withdrawn, tho Bidder will, within tan (20) days after the date of such mailing, telegraphing, or delivery of such notice, execute and deliver to the Owner an Agreement in the form included -in -the Contract Documents and surety bonds -in accor- dance with Section 2112 of the Instructions to Bidders. Tho Bidder hereby designates as his office to which such notice of acceptance may be.mai1ed, telegraphed, or delivered. • 1114.4 INFORMATION' CONCERNING BIDDER: 1A4 Name of Bidder: Bidder is: Individual ( ) Partnership ( ,) Corporation ( ) Residence of Bidder (if individual): Date of Bid: If Bidder is a partnership, fill in following blanks: Name of Partners: If Bidder is a corporation, fill in the following blanks: Organized -under the laws of the State of Name and Home Address of the Pres;dent;' Name and Home address of Treasurer: Proposal for Lump Sum Bid Page 2 of 2 EXHIBIT A-2 . 853101 UZI DR EVA Nil ENGINEERING CORPUS CHRISTI. TEXAS P.O. 805 6355 73411 2723 SWANTNER Job No. 7550.40 October 26, 1979 Mr. Gerald Smith, P.E. Engineering & Physical Development City of Corpus Christi P. 0. Box 9277 Corpus Christi, Texas 78408 Subject: Wooldridge Creek Unit 4 Dear Mr. Smith: Pursuant to Section IV.A, Paragraph 16 of the "City's 1979 Platting Ordinance", we have calculated the amount of the ditch crossing that is to be excluded when figuring the City participation amount. The amount is $1,077.12 based on unit prices included in the proposal supplied by Helden- fels Brothers, Inc. We trust this is the information you needed. Sincerely, URBAN ENGINEERING Euge a C. Urban, .7 EC:ak cc: Jeff Boudreau The above amount of $1,077.12 is the cost for the exclusion of 10' of improvements on either side of the drainage right-of-way per Section 4A, Paragraph '16 of the platting ordinance. G.S. EXHIBIT B . PRO -RATA COST BREAKDOWN Low Bidder Proposal $46,020.40 .Less 20' Improvements (10' either side drainageway) _ - 1,077.12 Net $44,943.28 Width of Bottom (21'-8") City Share 21.67-15' 21.67 = 30.78% 30.78% of $44,943.28 = 13,833.50 Sub -Total City Cost 13,833.50 8% Engineering 1,106.68 City Cost $14,940.18 Testing Allowance 250.00 TOTAL... $15,190.18 EXHIBIT C ' ilL: 1 ,S: ''':0\\ - : 5 _ i , ,-..,Q C r ��, y w ---- xr , . f.�r:.� :n Tr.r.c.LE aoo' •�r--- Q 1 t .11r�}. ZI f ;? G Yr, LAKEWoo, VIL.L/lC.E PROPOSED SITE W••L+NIBGE • RAO VICINITY MAP,' NO SCALE i W00LDRID(E,REEK UNIT IV PT 41-08 MEND PAVEMENT) - T.C. (L.T.) 20.33 T.C. (R.T.) 20.32 YPE 2 )EWALK RAMP PC. 3 T.C.20.4 % PC 3.40 WILDEROCK PROVIDE SWALE FOR TEMPORARY DRAINAGE %, TO DITCH P.T.3+67.26 •i •P,P T. C. 20.4 TRANSITION TO 4" C. 8 G. IN 11 FT. 76" QS�A P.W.O P. C 37.06 . 0+00 CRICKET HOLLOW PTO*40 SAN SEW. M.H ' T.C. 20.8 T.C.20.8 BRIDGE IS UNDER SEPARATE CONTRA T 8 IS A SEPARAI SAN. SEW. M H .P.P • MATCH i+05 ZCPL 62 PAu.:g7,1uTteii, EASEUENT t:LVALVE BOX ; ,.;(LIFT STA. SAN. SEW. M.H. WOOLDRIDGE CREEK UNIT I. EXHIBIT Du Corpus Christi, Texas O? day oiCa,, o ti. 19�Q TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspension of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYOR THE Cf //Y/OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Luther JonesrA Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance was passed by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky j0 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) December 19, 1979 le I certify to the City Council that $ 15,190.49- , the amount required for the contract, agreement, obligation or expenditures contemplated in the above and foregoing ordinance is in the Treasury of the City of Corpus Christi to the credit of: Fund No. and Name 220 Street Bond Fund Project No. 220-77-28 Project Name Wooldridge Creek Subdivision Unit 4, a,,>,- Bridge Construction from which it is proposed to be drawn, and such money is not appropriated for any other purpose. • Al-� FIN 2-55 Revised 7/31/69 410 ►ir-ctor of Finance