HomeMy WebLinkAboutC2006-486 - 10/31/2006 - 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, PO. Box 9277, Corpus Christi, Texas, 78469-9277, and
Hogan Development Company, L.P., 800 N. Shoreline, Suite 350-S, Corpus Christi,
Texas 78401 (hereinafter "Developer").
WHEREAS, Developer In compliance with the City Platting Ordinance, has filed a plat to
develop a tract of land of approximately 22.64 acres called San Cristobal at Terra Mar
located at the end of Oso Parkway 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 the
extension of Oso Parkway, in connection with San Cristobal at Terra Mar for it will
provide future service connections to the east and south;
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 San Cristobal at
Terra Mar 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 915 linear feet of 12-inch PVC grid main.
(2) Install 3 (three) 12" Gate Valve and Box.
2006-486
10/31/06
M2006-.154
Hogan Devdopment ( ompam
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(3) Install 1 (one) 12"x8' Cross.
(4) Install 1 (one) 12" )(8' Tee.
(5) Install 2 (two) Fire Hydrant Assembly (Includes Tee & Valve).
(6) locate and Connect to Existing 12" Stubout
The 12-inch PVC grid main will be constructed beginning at the existing 12-
inch water line previously installed by others at the east property line of
Victona Park Subdivision and extend east, along future Oso Parkway
approximately 915 linear feet and terminate at the future San Sebastian at
Terra Mar Subdivision
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 Development Services Engineer.
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
October 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.
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.
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Developer falls to award a contract for the construction of the project,
according to the approved plans and specifications, by the 70th calendar day
after the date of approval by City Council.
j. Developer's contractor does not reasonably pursue construction of the project
according to the approved plans and specifications.
9. Developer's contractor fails to complete construction of the project, according
to the approved plans and specifications, on or before October 31, 2007.
In the event of default, the City shall have all its common law remedies in addition to the
following
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
obligation or duty, and should Developer fail to perform the required obligation or duty
within 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.
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.
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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 REIMBURSEMENl
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,
upon satisfactory completion and testing in compliance with approved plans and
specifications, and final acceptance not to exceed $36,065.37. 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 TION. 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, arising from
or incident to this 12-inch PVC grid main construction.
14. This agreement IS a covenant running with the land, San Cristobal at Terra Mar, a
subdivision 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.
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EXECUTED IN DUPLICATE onginals, thisl~~__ day of ..~ ,2006.
ATTEST
CITY OF CORPUS CHRISTI
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_.m__. . J
Armando Chapa. City Secretary
By:
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c<.IVCL-'l.. /'( '"
George K. Noe, City Manager
APPROVED:
day of ~." ~,j.",..'___, 2006
By
. .~.ocLA." }}ll \dl um__ _
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Gary W) Smith
Assistant CIty Attorney
for the City Attorney
MiPl!Q:-1tt!.... AU 1I1U~ILL.,
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SECIU ARV Of'
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THE STATE OF TEXAS
COUNTY OF NUECES
This inst~~~~~~as acknowledged before me on AL\V'f'1Yl Df r 3 ,2006, byO,sCU r /(.
George. ,/cify Manager, City of Corpus Christi, Texas, a Texas home-rule
municipal corporation. on behalf of the corporation.
It 1/ rLlv~ /~ t tCr.
N-otary Public, State of Texas \
/if~~'~ ROSALINDA S CORTEZ
{. (~'\:\ Notary Public
i\:~~ .. J STATE OF TEXAS
.~~~~/' My Comm. Exp. 11-24-2008
5 of 6
DEVELOPER:
Hogan Development Company L. P
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By ~nc . - ~- mers. l~~
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THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on ~~tt-('t "-
Nancy G Summers
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Notary Public, State of Texas
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Exhibit 'I 1
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I Exhibit 2 ~
Page 1 of 1
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1---- --- --- -- -- - _.-- ,-'-_. . ---~
Cost Calculations - Water Grid Main
1--... - -------- - . -,-~
San Cristobal at Terra Mar
~III 1 DESCRIPTION ! UNIT
, QUANTITY UNIT PRJCE TOTAL PRICE
=m~:~C9()OPVCWater M~Jn_u~=..915 LF $ 35.00 $ 32,025_00
__ _~ 12" Gate Valve & Box_ _ __ _ __ _ __ _+- ~__ EA $ 2,000.00 $ 6,000.00
_~_~'x 8'~ Cross - ......~-f 1 EA $ 500.00 $ 500.00
-.--
4 I 12"x 8" Tee 1 EA $ 450.00 $ 450,00
5 lFire Hydrant Assembly f1nclud-es -- 2 , EA $ 3,200.00 I $ 6.400.00
~.. ._ I Tee & Valve) ._ ~______ ____ ,
6 I Located & Connectto Existing 12" 1 , 1,000.00 I
I EA $ $ 1,000.00
;-_ _ I Stub-out ----____--L__ __ I L
SubtoCal Construction Cost -- _.---- __.____ ___._..n_~______ $ 46,375.00
Engi....ring (7.5%) -~_._- --.-......-,..-...-., . --- - $ 3,478.13
T~I Water System R......bursement $ 49,853.13
Less Water Lot Acreaae Fee (22.64 acres @ $609 per acre) -- $ 13,787.76
. Total Water CreditlReilllbursement $ 36,065.37
II Exhibit 3 I
< 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 i'lformation Every question must be answered. If the question is not applicable,
answer with "NAn
FIRM NAME Hogan Development Company, L.P.
STREET:iLO.J} N. Shor_eline, Suite-1.50S CITY:~orpus Christi
ZIP: 78401
FIRM is 1 Corporation __.
5 Other
2 Partnership _ XX __ 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 "f"mn".
Name Job Title and City Department (if known)
1:U...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 T~e
- . - .N.l.L_.____
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 "firm".
Name Board, Commission or Committee
__--HLA.___.
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
- ..JUA. _.______
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 chanqes occur.
Certifyrng Person:_~al!9'~' Summers ___
(Type or PA'fni. . ( /\
Signature of Certifying per~n:~ 4k\+~2--
Title:
Manager
Date:
I 1)
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.{~ y , Cb
II
Exhibit 4
II
DEFINITIONS
a
"Board Member' A rnembe' of any board commission or committee appointed by the City Council of the City of
Corpus Christi, Texa~
b
"Employee Any person employed ty the City of Corpus Christi, Texas, either on a full or part time basis, but
nor as an independent contractor
"F Irm". 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.
rI
,-,
"Official The Mayor, mernbers of the City Council, City Manager, Deputy City Manager, Assistant City
Managers. Department and Qivislon Heads and Municipal Court Judges of the City of Corpus Christi, Texas.
"Owflership Interest' Legal or equitable interest, whether actually or constructively held, in a firm, including
when suer' interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to
hoid1ng or control established throllgh voting trusts. proxies or special terms of venture or partnership
a9reemenlS
e
f
'Consultant". Any person 0' firm, such as engineers and architects, hired by the City of Corpus Christi for the
purpose of professional consultation and recommendation