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HomeMy WebLinkAboutC2005-242 - 5/17/2005 - ApprovedTRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This Transmission and Grid Main Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home- rule municipal corporation, P.O. Box 9277, Corpus Christi, Texas, 78469-9277, and Airy Enterprises Inc., ("Developer"), of 2258 Richland Drive, Corpus Christi Texas 78418. WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat to develop a tract of land of approximately 20 acres called Greystone Unit 1 Subdivision located on the south side of Slough Road, east of Rodd Field Road, as shown in the attached Exhibit 1. WHEREAS, the City's Water Distribution Master Plan, 1997, requires the construction of 12 inch PVC arterial transmission grid main in order for Greystone Unit 1 Subdivision to have water service; and WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of 12 inch PVC arterial transmission and grid main; and WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Developer's costs for the construction of 12 inch PVC arterial transmission and grid main; and WHEREAS, it is essential that the 12 inch PVC arterial transmission and grid main be constructed along Slough Road in connection with the Greystone Unit 1 Subdivision for it will provide future service connections to the east and west of said subdivision upon completion of the Greystone Unit 1 Subdivision; and WHEREAS, it is to the best interest of the City and the Developer for the 12 inch PVC arterial transmission and grid main be constructed to the size and serve the area specified in the Water Distribution Master Plan, 1997. NOW, THEREFORE, for and in consideration of the mutual covenants in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION The Developer shall construct the 12 inch PVC arterial transmission and grid main needed for the Greystone Unit 1 Subdivision in compliance with the City's Platting Ordinance and under the plans and specifications approved by City Engineer. Alty Enterprises 2005-242 05/17/05 M2005-152 2. PLANS AND SPECIFICATIONS The Developer shall contract with a professional engineer, acceptable to the City's Director of Engineering Services, to prepare plans and specifications for the 12 inch PVC arterial transmission and grid main, as shown in Exhibit 2, with the following basic design: (1) Install 1,200 linear feet of 12" PVC transmission/grid main. (2) Install 3 (three) 12-inch Gate Valve w/box. (4) Install 1 (one) 12"X12"XS" Ductile Iron Tee. (5) Install 1 (one) Fire Hydrant Assembly (6) Install 1 (one) Tapping Saddle w/12" Tapping G.V. (7) Install one (1) 12" Cap with 2" Blow off Valve and Riser (8) The transmission/grid main will be constructed along the south side of Slough Road between the east-most property line of the said subdivision and Rodd Field Road. The water grid main will be plugged at the east end terminal point for future connection. The water grid main will be connected to the existing public water system at Rodd Field Road. b. The plans and specifications must comply with City Standard Water Detail Sheets and Standard Specifications. c. Before the Developer starts construction the plans and specification must be approved by the City's Director of Engineering Services. 3. SITEIMPROVEMENTS Prior to construction of the 12 inch PVC arterial transmission and grid main, Developer shall will acquire and dedicate to the City the required utility easement or right-of-way for the installation of 12 inch PVC arterial transmission and grid main. 4. PLA'lYING FEES. Developer shall pay to the City of Corpus Christi the required acreage fees and pro-rata fees as required by the Platting Ordinance. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer shall award a contract and complete the 12-inch water and grid main, in accordance with the approved plans and specifications, by May ;31, 2006. 6. REIMBURSEMENT. a. The City will reimburse the Developer 100% of the cost of the 12 inch PVC arterial transmission and grid main, not to exceed $55,900.00 within 30 days upon invoicing by the Developer, if the work has been completed, inspected and accepted by the City. The City agrees to conduct periodic inspections of the progress of the work at key points during the construction. b. The City will reimburse the Developer for expenses incurred for the preparation of plans and specifications for the 12 inch PVC arterial transmission and gdd main by the professional engineer hired by the Developer. However, the expenses may not exceed 7.5% of the costs of construction of the 12-inch water grid main. 7. INDEMNIFICATION. Developer shall indemnify and hold harmless the City, its agents, officers, and employees from all suits, actions, or claims and from all liability for any and all injuries or damages sustained by any person, including without limitation workers compensation, personal injury or death, adsing from or incident to this 12 inch PVC arterial transmission and grid main construction. 8. Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit 3. 9. This agreement becomes effective and is binding upon and shall inure to the benefit of the City and Developer, and their respective heirs, successors, and assigns from and after the date of execution. EXECUTED IN DUPLICATE originals, this / c~-'day of ,/['~') ,2005. / A'I-I'EST: THE CITY OF CORPUS CHRISTI Armando Chapa '~' ') City Secretary APPROVED: /'~ day of ¥\,~ .j By: Assistant City Manager ,2005 By: Joseph Har~ey Assistant City Attorney For City Attorney THE STATE OF TEXAS COUNTY OF NUECES instrumen,~,.~s acknowledged before me on '~¥1,~r~d /~,-- ,2005, by T~is °'~c~e K. Noce~16/Manager, City o1: Corpus Christi, Te- ~as, a Texas home-rule municipal corporation, on behalf of the corporation. ARD~rH ~ KE/~HAW DEVELOPER: ~' Louis Alty, President Alty Enterprises Inc. THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on ~ II'Pn ,2005, by Louis Airy, President, Alty Enterprises N ta~ !ublic~/a~te of Texas -11111 IIIIl!lllllllllllm-~ ~GREYS TONE YORKTOWN BOULEVARD SUBDI VISIOI~ RANCHO VISTA SUB'D. 0$o LOCATION MAP EXHIBIT 1 d © GREYSTONE SUBDIVISION GRID-MAIN WATER REIMBURSEMENT EXHIBIT 300 200 100 200 400 ~ , o SCALE 1"=200' ~-- --~~1 ~URBAI~,,..o,.,,.,,..,.o APRIL28,2005 SHEET ['[~l/~,:,,,,,~,=,.,~r,."~N._~! ENO: MURRAY F. HUDSON, P.E. .=_~.,,,~__.~..~,.,--,~.,,~,~ BY:CRR JOB NO_ 59779.A4_01 1 OF 1 EXHIBIT 2 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City,of Corpus Christi Ordinance 17112, as amended, requires ali persons or ~rms seeking to do business with the City to provide the following information. Every question must be answered. Il= the quesUon is not applicable, answer with 'NA'. .... ....................................................................................... STREET: .................. 772~' ................................................ CrT'Y; ............................................ ZIP: ......................... FIRM is: 1. Corporation ~ 2. Partnership [] 3. Sole Owner [] 4. Association [] 5. Other [] ...................................... ~, ....................................................................................................... DISCLOSURE QUESTIONS ti additions{ space is necessary, please use the reverse side of this page or attach separate shell 1. State the names of each "employee" of the Clt~ of Corpus Christi having an "ownership 113te~'~t" constituting 3% or more of Ihs ownership In the above named "firm". Name Job TItJe and City Department (if known) 2. State the names of each "official" el= the Cl~ of Corpus Christi having an "ownership Interest~ constituting 3% or more of the ownership In the above named '`firm". Name T~e more of the ownership In the above named 'firm'. Name ~oard, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus ChHsU who worked on any matler related to the subject of this contract and has an "ownership Interest" conatllutthg 3% or more of the ownerShip In the above named "firm". Name Consul[an[ CERTIFICATE I cedify that all Information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any informal*ion requested; and thai. supplemental statements will be promptly submitled to the City of Corpus Christi, Texas as changes occur. .............................................................. Signature of Certifying P~ .......... ,.¢~...Ccf~f.,¢~": .......... Date: ............................................................... EXHIBIT 3