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Home My WebLink AboutC2006-020 - 1/24/2006 - Approved ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This Artenal Transmission and Grid Main Construction and Reimbursement Agreement "Agreement") is entered into between the City of Corpus Christi (hereinafter "City"), a Texas home-rule municipality, POBox 9277, Corpus Christl, Texas, 78469-9277, and Staples Development, L LC a Texas Limited Liability Corporation, P 0, Box 8155, Corpus Christi, Texas 78468 (hereinafter "Developer") WHEREAS, Developer In compliance with the City Platting Ordinance, has filed a plat to develop a tract of land of approximately 36A07 acres called Manhattan Estates Units 1 and 2 located on the west side of Airline Road, south of Brooke Road, as shown in the attached Exhibit 1 WHEREAS, the City's Water Distribution Master Plan, 1997, requires the construction of a 12-inch PVC arterial transmiSSion gnd main in order for Manhattan Estates Units 1 and 2 to have water service: WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of a 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 a 12-inch PVC arterial transmission and grid mair~ WHEREAS, It is essential that the 12-lnch PVC arterial transmission and grid main be constructed along Airline Road, in connection with Manhattan Estates, Units 1 and 2 for it Will prOVide future service connection to the north and south of Manhattan Estates Units 1 and 2 WHEREAS, It IS to the best Interest of the City and the Developer for the 12-inch PVC arterial transmiSSion and gnd main be constructed to the size and serve the area specified in the Water Distribution Master Plan. 1997 NOW, THEREFORE fo' the consideration set forth hereinafter, the City and Developer agree as follows 1 REQUIRED CONSTRUCTION The Developer shall construct the 12-inch PVC arterial transmission and grid main needed for Manhattan Estates Units 1 and 2 In compliance with the City's Platting Ordinance and under the plans and specifications approved by the City Engineer. 2006-020 01/24/06 M2006-01 ~ 1 of 5 Staples Development ~ PLANS AND SPECIFICATIONS a The Developer shall contract with a professional engineer, acceptable to the City's Director of Englneenng Services, to prepare plans and specifications for the 12-lnch P\lC arterial transmission and grid main, as shown in Exhibit 2, with the following basic design: 1) Install 1595 linear feet of 12-Inch PVC transmission/grid main. (2) Install 5 Five) 12-lnch Tee 3) Instail 4 (tour) 12-inch Gate Valve and Box. (4) Install 1 ,One) 12-lnch Cap Tapped for 2-inch 5) Install 6 !six) 12-lnch Bend (EL), Any Angle, 01. (6) Install 3 (three) Fire Hydrant Assembly Complete In-place. ! 7) Install 3 (three) Tie to Existing Line (8) Install 3 (three) 6-inch 90 Degree EL. DI (9) Install 3 !three) 6-inch Gate Valve and Box. (10) Install Pavement Patching. (i i) Traffic Control Dunng Construction 12) Install 25 linear feet of 6-inch PVC Pipe (Nipples). 113) Install 20 linear feet of 24-inch Steel Casing Bored under Structure 114) Install 30 linear feet of 12-inch 01 Pipe (Deflection Crossing) The transmission/grid main will be constructed along the east side ot Airline Road from the existing 12-inch water line previously installed by others and extend approximately 620 feet along Airline Road and then extending 120 feet at an angle, crossing over to the west side of Airline Road. From the crossing. the 12-lnch water grid main will extend approximately 855 feet along Airline Road and will end approximately 120 feet beyond the south right-ot- way line of Wall St b The plans and specifications shall comply with City Standard Water Detail Sheets and Standard Specifications .~. Before the Developer begins construction. the plans and specifications must be approved by the City's Director of Engineering Services. 2 of 5 3 SITE IMPROVEMENTS Prior to construction of the 12-lnch PVC arterial transmIssion and grid main, the Developer shall acqUire and dedicate to the City the required utility easement or right-of- way for the installation of the 12-inch PVC arterial transmission and grid main. 4 PLA TTtNG 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-;nch arterial transmission and grid main, in accordance with the approved plans and specifications, by January 31, 2007. 6 REIMBURSEMENT a The City will reimburse the Developer 100% of the cost of the 12-inch PVC arterial transmiSSion and gnd main not to exceed $133,35859 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-lnch PVC arterial transmission and grid 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 INDEMNIFICA nON Developer shall mdemmfy and hold harmless the City, its agents. officers. and employees from all suits, actions. or claims and from aI/liability for any and all injunes or damages sustained by any person, including without limitation workers compensation, .oersonal injury or death, arising from or incident to this 12-inch oVC arlenal 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 3 of 5 Ji:tl EXECUTED IN DUPLICATE onglnals, this ~_.._ day A TTEST CITY OF CORPU ,2006. /~~-. Armando Chapa City Secretary By G APPROVED _i.-'~ day of --"'-~,' q 2006 By ~ II ~"-. })) d1l Gar' W mith, Assistant City Attorney 0] 2bO~-btS .. '" ...._4...__ AUT"l'~ " teUrectL ._....._~~~ o~ A-z- ....-.............. TI La""'" ~F'r.tn AI" { fl-/ THE STATE OF TEXAS COUNTY OF NUECES '"\ This instrument was acknowledged before me o~'-- Vv~ ,2006, by George K Noe. City Manager, City of Corpus Chris i, Texas. aT xas home-rule municipal corporation. on behalf of the corporation. ''\ / \ ! . J. \ LAttL~ i <(;L~~___ Notary Public, State of Texas f~" . =-==~ f! ....tl' U'" Conn,e ParkS , \1 0 * c. E <-" ~ 112: . My ConwlI,SlOn >PIC~' I' .~. r.n . Ij ,! ~~Of~" Nove~~-, 09 !o.:.~_~ 1L.-__.__~._~~ 4 of 5 DEVELOPER Bv -fr I , / k-t/_~: ' Mr. Ata 511ah Azt presi~nt Staples Development LLC PO Box 8155 Corpus Christi. Texas 78468 THE STATE OF TEXAS COUNTY OF NUECES This instrument. was acknowledged before me on ," \dA\l.l.(lf)~ (~, 2006, by Mr. Ata Ollah Azall ~ -. j \) .t~ .~~: WPz-- Not. P bttt. State of Texas \ '<W:'~'~'~~~;'.,,- I,-..~., ~"-~ ... '- - . . - ; : : : l;':"~'/-"' ......~::;.~ ! I ""'I:"I~'~'\"''' _ PEGGY LANE N:tar. ?ubllc. State of T "xas \1 Comrrllsslon Expires April 27. 2008 5 of 5 L ]P[S Be J~ T '1 Brighton Park Baptisl Church '" <= > ..J .~ % M~ IE~ C~ANNEL-1l- I I L- -.... y <:-r.;:;.... ~0~0 ~~.,,~ '0 I I r I -l c ;:ROOKE PIc ' tVI A r\J H fiTT AJ< :::5: Ie.TE:: !t,,:!~ -' \.': \\ I. U l SLOUO" ~~ ROAD --- <--...: ",>-- MAS1ER CHANNEL 3i ~f=' Manhattan Estates Units 1 and 2 II Exhibit 1] Page 1 ot ,--------- \ i ! EXIST 11<<; 12' PVC [)( 1 ST I HG r 1 R[ HYDRANT -- ~- 8' PVC rExISTIHlj 8'PVC \' 8' PVC 410 LF of 8-incb PVC \\Cater Distribution Ma~ "7:r: \ Brighton Park Baptist Church "- ""---EXISTING e'pvc Prop. Fire Hyd. \ I \ \ i i I \ I I /~:;~~~:[dl~~~~b PVC ........."-. ........... ~...._... MANHATTAN E=:ATES UN] T 2 LEGEND ~ --- -6- ~ \ \ /...~ i ~ \ I i I \,.-J' \ \ \ \ - ---- \ -----~--,." -- ~ lC '7 "IANHf:'1TAN UNIT ~_[= '- -r I ON MA'- " = 2f'JC. Exist Fire Hyd. VaNe Manhattan Estates Units 1 and 2 Waterline 12-inch Water Grid Main Reimbursement 8-inch Water Distribution Main Reimbursement BASS AND wELSH ENGINEERiNG CORPUS CHRISTl, TX CDMF- NO. EXB-~TR JOB NO. 0.057 SCALE: AS SHQ\IN PLOT SG~L [ l' = ::or PLOT DATE l/O./OE SHEET 1 or : I Exhibit 2 ) Page 1 .of 1 CITY OF CORPUS CHRISTI 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 uNA' FIRM NAME Staples Development. L.L.C STREET P.O. Box 8155 CITY: Corpus Christi ZIP: 78468 FIRM is 1 Corporation -L- 2. Partnership 5. Other 3. Sole Owner 4. Association _ 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 "tinn". Name Job Title and City Department (if known) NONE 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 "tinn". Name Title NONE 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 "tinn". Name Board, Commission or Committee NONE 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 "tinn". Name Consultant NONE CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Ata Ollah Azali (Type or Print) /1\; J (~' Signature of Certifying Person:__ y 0--{/l--><) Title President Date: t - I 8 - 0 b II Exhibit 3 II uEFINITIONS a 'Board Member" A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas bEmployee 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 r-;;~ 'Nhether professional, industrial or commercial and whether established to produce or deal with a product 01 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