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Home My WebLink AboutC2006-579 - 11/29/2006 - NAPARTIAL RELEASE/PARTIAL PQYMENT STATE QF TEXAS COUI+~TY OF NUECES The Partial ReleaselPartial Payment Agreement is between the City of Corpus Chris~, Texas, a Texas home rule municipality, London Independent School District, a Texas ind~endent school district, Ram-Bro Contracting, Inc., general contractor for London Independent School Distri~t, Ferguson Enterprises, Inc., and Cierra Pipe, Inc. supp~ers oi certain materials for London Independent School District, on the London Indep~endent School District 16" water main project. The City and London Independent School District entered into a reimbursement agreament whereby London Independent School District would install a 16" water distrib~ation main from the intersection of SH 286 and FM 43 to the new London independent School District etementary school and the City would reimburse London Indep~endent School District up to $903,019.06 for the installation of the water main. London Independent School District has contracted with Ram-B~o Contracting, inc. a~ general contractor on the project and Ferguson Enterprises, Inc., and Cierra Pipe, Inc. have supplied certain materials, described in Exhibit A. London Independent School District now desires to provide payment for the supp~es provided by Ferguson Enterprises, Inc. and Cierra Pipe, Inc. from the funds to be rep~nbursed from the City The total due from London Independent School District for the supplies listed in Exhit~t A is $131,866.97. The City is required to retain 5% of each partial payment to assu~e that Contractor's workers and material suppiiers are paid. London Independent School District, Ram-Bro Contracting, tnc., Ferguson Enter~rise~, Inc., and Cierra Pipe, Inc. request the City to make payment of $131,866.97 (equal to the cost of the supplies in Exhibit A less 5% retainage) in exchange for the partial release by London Independent School District, Ram-Bro Cont~acting, Inc., Ferguson Ente~prises, Inc., and Cierra Pipe, Inc. of the obligation to reimburse ~ondon Independent School District $131,866.97 for the water line project. L.ondon Independent School District, Ram-Bro Contracting, Inc., Ferguson Ente~prises, Inc., and Cierra Pipe, Inc. agree that the total possible reimbursement from the Gity af~er partial payment hereunder shall be and is $497,766.18. Upon receipt of $131,866.97 partial payment, London Independent School District, Ram-Bro Contracting, Inc., Ferguson Enterprises, Inc., and Cierra Pipe, Inc. fB~PPI~+A thA (~ifii frnm ~.~y further obligation to reimburse each or any of them for the 20O6-579 1 1-~9-06 et Files10LK41D3\PARTIA~ RELEASE Payment No.3 chip rev. 11-15-06.doc London ItiD Page 1 of4 $131,~6.97 and l.ondon lndependent School District, Ram-Bro Contracting, Inc., Ferguson Enterprises, Inc., and Cierra Pipe, Inc. agree to bear all risk of damage, destruction, or loss of the supplies listed in Exhibi# A and shall never claim against the City for any further reimbursement or payment for the supplies listed in Exhibit A. Dated this a~ day of November, 2006. LONDON INDEPENDENT SCHOOL DISTRIGT ~-°' ~~~~ THE STA~'E OF TEXAS COUNTY OF NUECES YICKI ~ i~ra~ w~i~ ~ h-~f-H This instrument was acknowledged before me on l oV ~ 7 , 2006, by Charle~s McMath, Superintendent of l.ondon Independent School District, on behalf of the school d~tri~t. ~~- . ~ y, - Notary Pub~c, Stat of Texas Ram-~lro,Cont~ting, Inc. ' ~-''°7 ,' v ,~.}~' ~ T.i-~ik r~`G' ~~°.` ~''.~'"~'G-~ .~ - r , THE STATE OF TEXAS COUt~TY 4F NUECES This it~strument was ~wledged before me on ~l°'~~' (~:'f .~(Gl? ~~ , 2006, by Benit Card~nas Jr. n beMalf of Ram-Bro Contracting, Inc. ~ • ~ <~~P~ A MINNIE DUG~UE '" ~ ~'~ Notary Public `= . . ~•:c~ N ta ` ublic, Sta e ~c w.: ~ State of Texas ~~''~My Comm. Exp. 02/OS/2007 C:1WII~OWS1Temporary Intemet Files10LK41 D3\PARTIAL RELEASE Payment No.3 chip rev. 11-15-06.doc Page 2 of 4 .,,. ., g .,~, ~_,~,.~.. ~, . . , .a __ _ _. , , ___ .~.. _... _ ,... __ ~ ~. ~.~.,,, Fergu n Enterprises, 1 u.. ~ ~--~, THE STATE EXAS COUNTY OF NUECES This i~trument was acknowledged before me on November 16 , 2006, by, ~ ucy !_ ara _, on behalf of Ferguson Enterprises, Inc. ..-~ ~ /~ /,,.. \\``\~~~~\\111111111111/f/l~~~l,/''/l `\ ~.• O~ p, S E p~~ '%~4,. N ry Pubfic, S of Texas ' Q'~' ,~P~Y P~e~~'~o 'y - ~ o :, : = ~ _ _ ~ _ Cie a Pipe, inc "~ i~°''F o~ ~y}~ ,~ % ~, ExptiRE.. '~ ''~ 0~ ~ ~~~~ ~ , C3-2~~0~°\\,, ~ ~# ~ ~nnu,nu~nt:~~u t ~ THE ~~P(TE O EXAS COUIti~TY 4F NUECES This i~strur~ent was acknowledged before me on `'~'tD~~- ~`~ , 2006, by Bobby Kanz, on behalf of Cierra Pipe, Inc. tk ,~t' ~ •~I~ ~~~~"~~ _ ~ ~.~;.~~ ` JENIfER L. WALKER ~O fy rt"Ut3~IC, State of Texas 2~~~°~~~ ~!'`~i Notary Public, State of Texas ~ ,1;,;~, ~„- My Commission Expires _ l '°s:,,i' o:~~`rr June 14, 2008 ~~n~M~~ C 1Wth~OWSlTemporary Internet Files\OLK41 D3IPARTIAL RELEASE Payment Na.3 chip rev. 11-15-06.doc Page 3 of 4 ~. . ..~ _~ _ . ,,,,~ _ _ ~„~_ ~~ ..a ATTEST CITYY OF C PUS CHRISTI ,_ ,,-,. By: Armar~o Cha a, Ci S~ G r e K. Noe, Ci Mana er P tY ~Y tY 9 APPROVED: -, z=,_ day of ;. ~ T, _, 2006 By: ..~~T~~ .~,: -. -_. _. G~ry . Smith Assi~tant City Attomey for the City Attorney THE STATE OF TEXAS COUNTY OF NUECES ~ ~ _ , . This instrument was acknowledged before me on ~~~~ ~ j~ ' 2006, by Georc~e K. Noe, City Manager, City of Corpus Christi, Texas, a Texas home-rule munic~al ccxporation, on behalf of the corporation. ~ ,; „ 1 ~-~"1~i . ~ ~ i ~ ~P,pY P(~d ~I o q 4 ConniP Parks ~i ~ `~~,~ ;~ My Commission Expires 9i~,.~F~+ November09,2007 C:1WII~OWS~Temporary Intemet Files10LK41D31PARTIAL RELEASE Payment No.3 chip rev. 11-15-06.doc Page 4 of 4 ~. ._ . .,,R,. ~,~. _. _ .~ v r _ _... ..r_. ._. ..,.