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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 10/13/06 ~cal SettingslTemporary Internet ~L_RELEASE061011 [1).1.doc I,ISD, et al Page 1 of 3 t~~~/~~~ 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. - +~//~u~'' '~ `~, .w...~...~..v. Notary Public, State of exas ~~ • • ~r~ ~w 91-l~i~tA 's ~ ~...~~..~~.~.~~~~~.~.~........s Ram-Bro Cantra ing, ~Inc ~--- / / ~ v , r ;:,-,_v/ ~„~ ~ . 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. , ~~ - . l~ ,.,.,.,.,.,.....------------- 'y' ~-~"'.~ MINNIE DUQUE Notary bli~, State o *; * Not~-ry Public ~~ State of Texas My Comm. Exp. 02/08/2007 `\ C:\Docurr~ents arld Settingsl0wnerlLocal SettingslTemporary Intemet FileslCor~ent.l E5197RH393S1PARTIAL_RE L EASEa61011 [1 ]. doc Page 2 of 3 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. ,,,, „, „, , , ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ , , , , , , , , ,, 0 4, ;~il~,e{~4.+c~ _,.~~a~R A.. S Fa~~ ~~~4,` ry Public, State of Texa~y~,~'O PRY PVg;'•~o~ ~ z ~ ~ ~ 3 P ~ ~ JprE pF~~+ '%s ~ •.FXPIRti~.•'~~, ~~ '~~~~~i 0 ~ . ~ ~ O~~ ,`~~``~ ~~~'"'mi~~~i3nm „t,~~""~ 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 ~ ~Q,f' ~~ 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. ~ ~~pY P ~ , ~~ 7° ~~ Connie Parks ~~ ,~~ ~~~q My Commission Expires ~ November 09, 2007 ~ L (r ~ ' ` ,_ i. , _ ~~~ ~/"~,.'`/~ ` ~ ~ ~ ~ C:1Documents and Settings\LLARA\Local Settings\Temporary Internet Files\OLKD9IPARTIAL RELEASEo61011 ? .dOC Page 3 of 3 _ _ ..W . _,.~ ,. ,.,,,. ..~ .~,,.,. _ _