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Home My WebLink AboutC2006-400 - 9/12/2006 - 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 John Bratton, 8320 S. Staples Street, Corpus Christi, Texas 78413 (hereinafter "Developer") . WHEREAS, Developer In compliance with the City Platting Ordinance, has filed a plat to develop a tract of land of approximately 51.284 acres called Kitty Hawk Unit 1 located east of County Road 41 and south of South Staples Street (FM 2444), as shown in the attached Exhibit 1; WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of a 12-inch PVC grid main; WHEREAS, 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; WHEREAS, it is essential that the 12-inch PVC grid main be constructed along S. Staples Street, in connection with Kitty Hawk Unit 1 for it will provide future service connections to the west: 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 Kitty Hawk Unit 1 in compliance with the City's Platting Ordinance and under the plans and specifications approved by the City Engineer. Developer agrees that the construction provided for herein is roughly proportionate to the Development under Section 212.904, Texas Local Government Code. 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: (1) Install 466 linear feet of 12-inch PVC grid main. 2006-400 09/12/06 M2006-299 1 of 6 John Bratton (2) Install 2 (two) 12" Gate Valve and Box. (3) Install 1 (one) 12"x12"x8" Tee. (4) Install 2 (two) 12" Cap with Test Riser Assembly. (5) Install 18 linear feet of 12" CIP. (6) Install 1 (one) 8" Gate Valve and Box. (7) Tie to Existing 12" Waterline. (8) Pressure Test and Disinfect. The 12-inch PVC grid main will be constructed along the south side of S. Staples Street (FM 2444) from the existing 12-inch water line previously installed by others at the east property line of Kitty Hawk Unit 1 and extends west, along South Staples Street (FM 2444) 466 linear feet. 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 acreage fees and pro-rata fees as required by the Platting Ordinance. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer shall award 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 September 30,2007, 6. TIME IS OF THE ESSENCE. Tittle is of the essence in the performance of this contract. 7. DEFAULT. The following events shall constitute default: 2 of 6 ~,...,~- 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. 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. c. Developer fails to award a contract for the construction of the ~roject, according to the approved plans and specifications, by the 70t calendar day after the date of approval by City Council. d. Developer's contractor does not reasonably pursue construction of the project according to the approved plans and specifications. e. Developer's contractor fails to complete construction of the project, according to the approved plans and specifications, on or before September 30, 2007. 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. Developer'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. Developer 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 $25,000. 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 obtigation or duty, and should Developer fail to perform the required obligation or duty witlin 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer by reducing the reimbursement amount 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. 3 of 6 ~.~...---- 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 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 shall 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. Reimbursement hereunder shall be made solely from and if, as, and when sufficient funds are available in and appropriated from the Water Distribution Main Trust Fund and Developer acknowledges that reimbursement is so limited. b. The City will reimburse the Developer 100% of the cost of the 12-inch PVC grid main, upC>n satisfactory completion and testing in compliance with approved plans and specifications, not to exceed $12,060 16. See Cost Estimate attached hereto as Exhibit 3 c. The City will reimburse the Developer for expenses incurred for the preparation of plans 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. INDEMNIFICA TlON. Developer shall indemnify and hold harmless the City, its a9fJnts, officers, and employees from all suits, actions, or claims and from all 1i.i1ity for any and all injuries or damages sustained by any person, including without limitation workers compensation, personal injury or death, arising from or Incident to this 12-inch PVC grid main construction. 14. This agreement is a covenant running with the land, Kitty Hawk Unit 1, a sutDdivision in Nueces County, Texas, and shall be recorded in the Official Public Records of Nueces County, Texas. 15. DISCLOSURE OF OWNERSHIP INTERESTS. 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 4. 16. 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 "'tlII'I!I""'"-'--~' EXECUTED IN DUPLICATE originals. this I S{[, day of ')Z.fl~'\-2006. ATTEST: CITY OF CORPUS CHRISTI ~~ Armando Chapa, City Sec etary By: AP PROVED', '} ..;+, day of . :.....c.pk_......~ ,2006 By: <. . G1:;\N ,~~~: ~t'- Assistant City Attorney for the City Attorney I fLJj6b- -2Cf1 ;, ~:=:~~:~![~~ __. _ __... fJ.,., . --....................~ SECtITAfV=U'L-- THE STATE OF TEXAS COUNTY OF NUECES . This instrument was acknowledged before me on '%. \.J;e,,,, I~ 2006. by George K. Noe, City Manager, City of Corpus Christi, exas, a Texas home-rule municipal corporation, on behalf of the corporation, 'j f ! { ,k1tJ;JJ-- t. .)v"t/r,~- / Nmary'P'ublic, State of Texas ~I!-~;s.'v p&-.....-..=-- o f <> .. ..~- I~ . '.~. '.or-",03 f' . -,......-. I' ~~ (' 3 ks I ~ iA' i' My . I L...2 OF ~ NOve"1tJ.. E. Clees /1 ~_._..~.. eI0920n...! '"- .,..~..__,~__ .'. I . -,--~ 5 of 6 ~",-.,"_. DEVELOPER: John Bratton By: !.{~A John B~~n THE STATE OF TEXAS COUNTY OF NUECES oq -07.~ - - - - @) -- -- -- -- 6 of 6 ~;'<'...- , 2006, by John SEc:rm, SECTION 3( ~- ClJ:::Jd-l _ tilt'? NO DATE REVISIONS --lhinq Surwyin<j RVE,1n< ~"'" ."., .-;i 7: I r=I i, <[ i! Oii Cr::: ji , I;, ~111,,1, ~II c: I, " I:! l;j[J<=J '",.,j j SE:C TIOI\I_~ SECTION 33 ~ N ~ ~ . ~ ~ :I: _ ~ C> ~ o ;>f0 llIH SC!\lW >- :3 :L Q NOIlJJS NOllJJS r >- cy::y:: f--W ZW :=)CY: DC L) ~ lWJl\lsn<:lJr '-------cYl--- g; ""I I ~I ~ N( ~ ;:) ~ '- z -.-.J <[(.1) UZ, ,/ t--itiJ..x.. ZICl~ <[cx:<[ f--<[O- D{::1 ~ "" \ [!j \ 0:: I I- ::::J o V) lnCS) C/) l:d W Z<r I .., ~Q( L.) I-- I- Z<[ t--il-- ~C/) W ~ z o ;:: u w Vl 0:::2 WO ~U') :3:2 W ~ I- 'Nx ..--,W W 2 :=i -r~ <Yl>'.1 ~<Y.) rJQ/<y OSO:.' KITTY HAWK - UNIT 1 rve Exhibit 1 LOCATION MAP engineering-divtng-surveying P,O,Box 2927, Corpu, CIrioti, Tn'" 78403 820 Ilutfolo St, Corpus Christi. To", 78401 phone: 361.887.8851 lor. 361.887.8855 I---i ~ 22~ ~ <[ 09:' I U 2;:' U I---i LLJ ZQ ---Q")'--<E ~ I :=)1--<( O-DL'3 ~~ o u __~E:~I!Q.r:!__~_~__u SECTION 3!tu,___ \-J-'" ~,_,,'CJ~C),:~;\t\ \ '---.., // 0"" I-w -lw wQ( ZU Zo <rV) 50 '- - " '--- SCALE: AS NOTED PFlII PDV JUl 2006 403-05008 1 OF" 1 e-moiI: _inc.com .......rw-inc:.com / / // // / ! / " / PROPOSED 12" GATE VAllIE EXISTING 42" WATER _ ~ / <-------- '~ '< / / ~2"X~~ r PROPOSED 15" :~ GATE VAllIE - :/ PROPOSED 8" WATER UN( PROPOSED i~ 12"x8" TEE i ili) . /~~ATER PROPOSED 12" GATE V \IE PROPOSED 12" TEST RISER '" CONNECT TO EXISTING WATER UNE KITTY HAW!< DRI\IE "', // ~' "----< WATERLINE CROSSING (;' o 20' 80' 40' 50' WATER LINE PLAN 200' 400' 600' BOO' fj' CD 12" ENLARGEMENT 100' 200' 300' 400' KITTY HAWK - UNIT 1 SCAlE: I>S NOTED PFlII PDV JUL 2006 403-05008 1 OF 1 Exhibit 2 CONSTRUCTION SCHEMATIC rve engineering-dlving-surveying ~. P.O,1lo> 2927. Corpv. 0wisU. 1.... 78403 820 Buffalo St, Cor1lW Christi, T_ 78401 phone: 361.!lB7,8851 lar 361.887.8ll!l5 o-maI: rwOrw-inc.com ...........inc,com Cost Estimate / Adjusted Water Fee 12' Water Main Extension Item Unit Quantity Unit Cost Total ] 12" PVC LF 466 $44.44 $20,709.04 ') 12" Gate ValvelBox EA 2 $1,603.00 $3,206.00 ..... 3. 12" x 8" Tee EA 1 $513.80 $513.80 4. 12" Cap wI Test Riser EA 2 $2,100.00 $4,200.00 5. 12" CIP LF 18 $30.72 $552.96 6. 8" Gate ValvelBox EA 1 $870.00 $870.00 '7 Tie in to existing 12" waterline LS 1 $2,616.60 $2,616.60 R. Pressure Test and Disinfect LS 1 $4,931.80 $4,931.80 Subtotal $37,600.20 7.5% Engineering Fee $2,820.02 Total $40,420.22 (Waterline Credit) Lot/Acreage Fee -$28,360.05 1 Waterline Reimbursement $12,060.161 I Exhibit 3 II ~,...,-,.,- 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 3of-l~ 6,2P>.J\"tI N STREIT: 8"L.3 0 S. Si"PL.<'S CITY: CO~pc.S C "'-rZl'S TI ZIP: i2t l-:S FIRM is: 1. Corporation __ _ 2. Partnership 5. Other 3. Sole Owner y 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 "firm". Name Job Title and City Department (if known) (v /1;. 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 tv / ,.. 3. Stlte the names of each "board member" of the City of Corpus Christi having an "ownership interest" cOflstituting 3% or more of the ownership in the above named "firm". Name Board, Commission or Committee ^' fj1_ 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 AIi'lL CERTIFICATE I cartify that all information provided is true and correct as of the date of this statement, that I have not knowingly withhaftj 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: ::S;I+r-J \s (l~T\"6t-J Title: (Type or Print) ~(~~ I f Date: ~-l-()l II Exhibit 4 II Signature of Certifying Person: ~:"""""-" DEFIN ITIONS 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. a. "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 '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