HomeMy WebLinkAboutC2006-510 - 10/13/2006 - NAPARTIAL RELEASE/PARTIAL PAYMENT
STATE OF TEXAS
COUNTY OF NUECES
The Partial Release/Partial Payment Agreement is between the City of Corpus
Christi, Tex~s, a Texas home rule municipality, London Independent School District, a
Texas independent school district, Ram-Bro Contracting, Inc., general contractor for
Londan Ind~pendent School District, and Ferguson Enterprises, Inc., supplier of certain
materuals for London Independent School District, on the London Independent School
District 16° water main project.
The City and London Independent School District entered into a reimbursement
agreement whereby London Independent School District would install a 16" water
distribution main from the intersection of SH 286 and FM 43 to the new London
Indep~ndent School District elementary school and the City would reimburse London
Indep~ndent School District up to $903,019.06 for the installation of the water main.
London Independent School District has contracted with Ram-Bro Contracting,
Inc. a~ general contractor on the project and Ferguson Enterprises, Inc. has supplied
certain materials, described in Exhibit A.
London Independent School District now desires to provide payment for the
supplies provided by Ferguson Enterprises, Inc. from the funds to be reimbursed from
the City.
The total due from London Independent School District for the supplies listed in
Exhibit A is $226,272.91 The City is required to retain 5% of each partial payment to
assur~ that Contractor's workers and material suppliers are paid.
London Independent School District, Ram-Bro Contracting, Inc., and Ferguson
Enterprises, Inc. request the City to make payment of $226,272.91 (equal to the cost of
the supplie~ in Exhibit A less 5% retainage) in exchange for the partial release by
Londc~n Ind+ependent School District, Ram-Bro Contracting, Inc., and Ferguson
Enterprises, Inc. of the obligation to reimburse London Independent School District
$226,272.91 for the water line project.
London Independent School District, Ram-Bro Contracting, tnc. and Ferguson
Enterprises, Inc. agree that the total possible reimbursement from the City after partial
payment hereunder shall be and is $676,746.15.
Upon receipt of $226,272.91 partial payment, London Independent School
District, Ram-Bro Contracting, Inc. and Ferguson Enterprises, Inc. release the City from
2006-510 nburse each or any of them for the $226,272.91 and London
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Independent School District, Ram-Bro Contracting, Inc., and Ferguson Enterprises, Inc.
agree to bear all risk of damage, destruction, or loss of the supplies listed in Exhibit A
and shall never claim against the City for any further reimbursement or payment for the
supplies listed in Exhibit A.
Dated this ~ day of October, 2006.
LOND~N INDEPENDENT SCHOOL DISTRICT
(~ ,~ ` i`~ /~_
THE STATE OF TEXAS
COUNTY 4F NUECES
This in~trument was acknowledged before me on l~~~~d~i- !/ , 2006, by
Charle~ McIVlath, Superintendent of London Independent School District, on behalf of
the sclmol d~s#rict.
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Notary Public, State of exas ~~
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Ram-Bro Cantra ing, ~Inc
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THE STATE OF TEXAS
COUNTY OF NUECES
This in~trument was acknowledged before me on T" , 2006, by
Benito Cardenas Jr., on e alf of Ram-Bro Contracting, Inc.
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'y' ~-~"'.~ MINNIE DUQUE
Notary bli~, State o *; * Not~-ry Public
~~ State of Texas
My Comm. Exp. 02/08/2007
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Fer uson Enter ises, Inc.
THE STATE OF TEXAS
COUNTY OF NUECES
This in~trum~nt was acknowledged before me on October 11 , 2006, by
L~ucv Lara , on behalf of Ferguson Enterprises, Inc.
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ry Public, State of Texa~y~,~'O PRY PVg;'•~o~
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ATTEST: CITY OF ORPUS CHRISTI
- G ~~n~' - By:
Armando Chapa, Cit ecretary e K. Noe, City Manager
APPROVED: .~~~ day of tt~~c~t~~~t~~~` _, 2006
o`~
By: ~,I-_~~~~
Ga~y W'' mith
Assis~nt City Attorney
for the City Attorney
THE STATE OF TEXAS
COUNTY OF NUECES
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This in~trument was acknowledged before me on , 2006, by
George K. Noe, City Manager, City of Corpus Christi, Texas, a Texas home-rule
municipal c~poration, on behalf of the corporation.
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~ , ~~ 7° ~~ Connie Parks
~~ ,~~ ~~~q My Commission Expires
~ November 09, 2007
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