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Home My WebLink AboutC2006-255 - 7/11/2006 - Approved ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This Arterial 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, P.O. Box 9277, Corpus Christi, Texas, 78469-9277, and JJAR Development, llP, a Texas limited liability partnership, 4933 Ambassador Rd., Corpus Christi, Texas 78416 (hereinafter "Developer") VVHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat to dEWelop a tract of land of approximately 13.325 acres called legends of Diamante Unit 1 located on the north side of Slough Road, east of Rood Field Road, as shown in the attached Exhibit 1. VVHEREAS, the City's Water Distribution Master Plan, 1997, requires the construction of a 12-inch PVC grid main in order for legends of Diamante Unit 1 Subdivision to have water service: and \MiEREAS, under the Platting Ordinance, the Developer is responsible for construction of 8 12-inch PVC grid main; \NHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Developer's costs for the construction of a 12-inch PVC grid main; \NHEREAS, it is essential that the 12-inch PVC grid main be constructed along Slough Roed, in connection with Legends of Diamante Unit 1 for it will provide future service connections to the north. south, and east; NOW, THEREFORE for the consideration set forth hereinafter, the City and Developer agree as follows: 1 REQUIRED CONSTRUCTION The Developer shall construct the 12-inch PVC grid main needed for Legends of Ditmante Unit 1 in compliance with the City's Platting Ordinance and under the plans and specifications approved by the City Engineer. 2. PLANS AND SPECIFICATIONS a. 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 grid main, as shown in Exhibit 2, with the following basic design: 2006-255 07/11/06 M2006-207 1 of 6 .JJ AR Development ~,......,......- .- (1) Install 2 360 linear feet of 12-inch PVC grid main. (2) Install 4 (four) 12" Gate Valve and Box. (3) Install 1 (one) 12"x12"x8" Tee. (4) Pressure test and Disinfect (5) Install Test Riser Assembly (6) Performance and Payment Bonds. The 12-inch PVC grid main will be constructed along the south side of Slough Rd. from the existing 12-inch water line previously installed by others at the east property line of Greystone Unit 1 and extend east to approximately the intersection of Slough Road and propose Amethyst Drive. b The plans and specifications shall comply with City Standard Water Detail Sheets and Standard Specifications. C. Before the Developer begins construction, the plans and specifications must be approved by the City's Director of Engineering Services. 3. SITE IMPROVEMENTS Prior to construction of the 12-inch PVC 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 grid main. 4 PLATTING FEES Developer shall pay to the City of Corpus Christi the required aa-eage fees and pro-rata fees as required by the Platting Ordinance. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer shall a..rd a contract and include within the contract that the 12-inch grid main shall be constructed in accordance with the approved plans and specifications and completed by Juty 31 2007 6. TIME IS OF THE ESSENCE Time is of the essence in the performance of this contract. 7 DEFAULT. The following events shall constitute default: a. Developer fails to engage a professional engineer for the preparation of plans and specifications for this project by the 10th calendar day after the date of approval by City Council 20f6 b. Developer's professional engineer fails to submit the construction plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. Developer fails to award a contract for the construction of the ~roject, according to the approved plans and specifications, by the 70 calendar day after the date of approval by City Council. Developer's contractor does not reasonably pursue construction of the project according to the approved plans and specifications. Developer's contractor fails to complete construction of the project, according to the approved plans and specifications, on or before July 31,2007. c. d. e. In the event of default, the City shall have all its common law remedies in addition to the foHowing: a. Cancellation of this reimbursement agreement without notice or cure. b Refusal to record plat(s) or issue any certificate of occupancy for any structure to be served by the project. 8. THIRD-PARTY BENEFICIARY Devetoper's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project shall provide that the City shall be a third party beneficiary of each contract. 9. PERFORMANCE AND PAYMENT BONDS. Devetoper shall require its contractor for the construction of the project, before beginning the work, to execute to Developer and the City a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $26,000. The performance and payment bond shall comply with Texas Government Code, Chapter 2253 and shall be in the form and substance as attached hereto. The performance and payment bond shall name Developer and City as joint obligees. 10. NOTICE. Should Developer fail to perform any obligation or duty of this agreement, the City shall give notice to Developer, at the address stated above, of the need to perform such obligation or duty, and should Developer fail to perform the required obligation or duty wit1in 15 days of receipt of the notice, the City may perform the obligation or duty, cherging the cost of such performance to Developer by reducing the reimbursement amoll1t due Developer. Developer will pay to City the cost of such performance within 30 days from the date Developer receives notice of the cost of such performance. Notice required by the paragraph may be by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid: or by personal delivery. In the 30f6 alternative, in the event of Developer's failure to cure any such breach after notice, the City may terminate this agreement The provision for notice and cure contained herein shell not apply to a default under paragraph 7 hereinabove. 11. WARRANTY. Developer shall have contractor execute a warranty of the workmanship of and function of the arterial transmission line and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City Engineer. Said warranty will be assigned and transferred to the City upon completion of this project. 12. REIMBURSEMENT a. The City will reimburse the Developer 100% of the cost of the 12-inch PVC grid mlin, upon satisfactory completion and testing in compliance with approved plans and specifications, not to exceed $108,452.88. See Cost Estimate attached hereto as Exhibit 3 b. The City will reimburse the Developer for expenses incurred for the preparation of pllns and specifications for the 12-inch PVC 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 grid main 13. City agrees that it will not unreasonably withhold approval of the plans, progress, evaluations, or reimbursements under this agreement, upon verification of satisfactory inspection and testing results. 14. INDEMNIFICATION. Developer shall indemnify and hold harmless the City, its afenls, officers, and entployees from all suits, actions, or claims and from all lillbilty for any and all injuries or damages sustained by any person, including wIIhout limitation workers compensation, personal injury or death, arising from or incident to this 12-inch PVC grid main construction. 15. This agreement is a covenant running with the land, Legends of Diamante Unit 1, a subdivision in Nueces County, Texas, and shall be recorded in the Official Public Records of Nueces County, Texas 16. DISCLOSURE OF OWNERSHIP INTERESTS. Developer further agrees, in comptiance 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 4. 17. EFFECTIVE. 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 4 of 6 EXECUTED IN DUPLICATE originals, this ~ day df.-JiJ.-t, / . ) (/ ,2006. ATTEST CITY OF CORPUS CHRISTI By: ecretary APPROVED: ~ ~ day of .J u \", , 2006 By: ~u:x.-'5rr.~ Gary . Smith Assistant City Attorney for the City Attorney f-1 :ltoDCe"1;1o I AUl~ '. - -r ! i { (0 G Itl' l>>U~IL. Au SECftT AIY jl,,{-1 THE STATE OF TEXAS COUNTY OF NUECES /3 , 2006, by exas home-rule This instrument was acknowledged before me on George K. Noe, City Manager, City of Corpus Christi, municipal corporation, on behalf of the corporation. i") .' Lt'~~+'dh- ~y Notary Public, State of Texas 'lltf''1 p~\ Connie Par~,s ;.* i My Cornmll'!On Expires !..,~ ~ November 09,2007 l _ Of._ - 5 of 6 This instrument was acknowledged before me on Q~ - 28 James Tracy, General Partner, on behalf of JJAR Development, LLP. -1J~/N1'.d 1~~ Notary Public, State of Texas DEVELOPER: JJAR Development, LLP By: /--....~. ~ '\ / . ~ / l/14 By: es Tracy, General pa~ " THE STATE OF TEXAS COUNTY OF NUECES :. ATTEST: - - - - - 0-. fa MC.WE t Mv CDR_. '" __ t ...... t - - - 6 of 6 - , 2006, by --m,.. "'. ".T'-LI" "1.,...-' z . ; i : <[ : ' , ::l: ! i i ! V'l ; ii' ; <( l ' 1 ' 1''' SDUTHHAVEN , . DRIVE 'o'DDLDRlDGE - "'1-.--- - ----- ~-- t::J A. "l: o \ gl ~I -+ I I I I L___ \ \ \---- UP~1J AVE \ ~\ ~ '&. LEGENDS OF DIAMANTE ~I >, ~1 Z' ~i "", ~! -.--------.-.. -" -+~-" ~\~.~l ~~\. 9() dC'! '--. /' -----,.~ --1--- \ PROJECT LOCA TION rve engineering-dlYing-surveylng LEGENDS OF DIAMANTE UNIT 1 LOCATION MAP - Exhibit 1 . NO. DATE REVISIONS Diving 50"""'9 -.O.Box 2927. Corpus Christi, rOllO. 78403 820 Buffolo St, Corpus Christi, T"""" 78401 pI1one: :llIl.e87.lI851 fox: Jel.ae7,~ o-moiI:""- ine.com www.r-.e-inc.com RYE. lnc '" L.J I u Vl OJ '" -1 w i=l 1 "=3000' Bel.! PDV 2005 05002 lU03.,.,t-IlIU"._ WOO'IIl'OOJ"!,l~ :IDW-_ itift'Let ~K :llD, i;W'Lfi"LK' :1hI01f0 .OtIL 10__1 '!lIj.ll.() I~ ")5 0II0ung all roti! q.-1 'neJ.I'C) Ind.Io:J ',ZSl 'IOIrO"d ___Ill -- ~~~~ Ie _ 74 'QIiDI 11_."_ -- lIOJ _ 51 .lH3I'IIlOOO SIIU EN i !II (;~I \~~~~J:r i ....-1p~~>,~~ "'" .. 5J1 --------r I --- ~! ,- ~:~=H : ; i ,k . ! .--""-:_--~:ii~~rf~~~~J~:;~~~~= - : .. ~: ---:--..., i I .k-~ i ,. :'~~~E:~J~I:"_[FL_~='._~ ->5 ---~------+./ -4 ~ ~ --1---- ------..-.--.-----~-: I i i.. 1'1 ! ~ -Ii j j i I i i r L 1~ ~d b~ ~[ ~~ J~ ~~ !~..;.. w:' 1;', ":'1 - :ma ~@I~r . U'-fr\ ~ .inOA Y1 ~3.lSVW ~3.i VM 3.LNVr.lVla :!o saN3831 N ~ - CO - I >< W I I I ---.---; ~.:.. '0 It) ,.... VI a:: w ~ Z LaJ LaJ % i :J Z Z 0 a:: :J ::J U ~ a:: a:: e . ~ ~ !i s: . :. . ~ w N ~ ~ a ~ ';i; cna. _ liil j~11 I" ~ Exhibit 2 III~ b It) N Cl Z VI + w Fl (:I W 0 ..J .."" s I; ."" 'WI """ & z <( ::E gl:;j O::W (:IlL. 0::0 WCD 1-1"') ~N . N .~lt~". IDDC'wr.l1Ml ... ........,......~............... ~~.................. ____JlIl~ __ R Off-Site Water Cost Breakdown Exhibit 3 ITEM DESCRIPTION UNIT QUAN. UNIT TOTAL PRICE COST 1 12" PVC Water line LF 2.360 $39.50 $93,220.00 2 12" Gate valve and Box EA 4 $1.675.00 $6,700.00 3 12"x12"x8" Tee EA 1 $485.00 $485.00 4 Test Riser Assembly EA 2 $310.00 $620.00 5 Pressure Test and Disinfect LS 1 $1000.00 $1,000.00 SubTotal $102,025.00 7 5% Engineering fee $7,651.88 Payment and Performance Bonds $8,100.00 Total $117,776.88 Less Lot Acreage Fee Credit Unit 1 ($9,324.00) I Reimbursement Amount for Unit 1 $108,452.88 I Exhibit 3 I ....... ...... 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 "NA" FIRM NAME JJAR Develooment. LLP STREeT: 4933 Ambassador Rd. CITY: Corcus Christi ZIP: 78416 FIRM is: 1. Corporation 5. Other 2. Partnership X 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. Stale the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title NJA 3. Stille the names of each "board member" of the City of Corpus Christi having an "ownership interest" co..tituting 3% or more of the ownership in the above named "firm". Name Board, Commission or Committee N/A 4. Stale the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on ,ny matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A CERTIFICATE I certffy that all information provided is true and correct as of the date of this statement, that' 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: James Tracv (Type or pnnt~ ~ ~\ r.A.. _ // {~.. Signature of Certifying Person: (1 J./IM.UJ ! -----cf Title: General Partner Date: ~(~'f/o (p , , II Exhibit 4 II