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Home My WebLink AboutC2007-186 - 6/19/2007 - ApprovedDISTRIBUTION MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This Distribution Main Extension 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 JJAR Development, LLP, a Texas limited liability partnership , 4933 Ambassador Road, Corpus Christi, Texas 78416 (hereinafter "Developer "). WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat to develop a tract of land of approximately 9.063 acres called Legends of Diamante Unit 2 located east of Rodd Field Road and north of Slough Road, as shown in the attached Exhibit 1; WHEREAS, the platting of Legends of Diamante Unit 2 requires the construction of an 8 -inch PVC distribution main in order to have water service; WHEREAS, Developer, will soon be commencing construction on infrastructure and related site improvements in accordance with City approved construction plans and specifications; WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of the water distribution main extension as shown in the attached Exhibit 2; WHEREAS, under the Platting Ordinance, the Developer is eligible for partial reimbursement as noted in Section V.B.5. f) (2) Distribution Main Extensions for the construction of the 8 -inch, off -site, PVC water distribution main extension; WHEREAS, it is essential that the water distribution main extension be constructed in connection with the development for service to be provided upon completion of the development; WHEREAS, it is in the interest of the City and the Developer for the 8 -inch distribution main to be constructed along with the Developer's project at this time; NOW, THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: 1. REQUIRED CONSTRUCTION The Developer shall construct the 8 -inch PVC water distribution main needed for Legends of Diamante Unit 2 in compliance with the City's Platting Ordinance and under the plans and specifications approved by the Development Services Engineer. 2007 -186 06/19/07 M2007 -154 JJAR Development 1 of 6 Exhibit G 2. PLANS AND SPECIFICATIONS a. The Developer shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the 8 -inch PVC distribution main, with the following basic design: (1) Install 399 linear feet of 8 -inch PVC Water Distribution Main. (2) Install 1 (one) Fire Hydrant Assembly. (3) Install 1 (one) 12 -inch x 8 -inch Tapping Sleeve and Valve. (4) Install 19 linear feet of Pavement Repair. (5) Conduct Pressure Test and Disinfect. b. The distribution main will be constructed beginning at the south property line of Legends of Diamante Unit 2 and extend south connecting to the existing 12 -inch water main on the south side of Slough Road. c. The plans and specifications must comply with City Standard Water Details and Standard Specifications. d. Before the Developer starts construction the plans and specification must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS Prior to construction of the 8 -inch PVC distribution main, the Developer shall acquire and dedicate to the City the required utility easement or right -of -way for the installation of the 8 -inch distribution 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 complete the 8 -inch distribution main installation, in accordance with the approved plans and specifications, by June 30, 2008. 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: 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 project, according to the approved plans and specifications, by the 70th 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 June 30, 2008. 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. 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. 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 3 of 6 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 fully warranty the workmanship of and function of the distribution main construction thereof for a period of one year from and after the date of acceptance of the facilities by the City Engineer. 12. REIMBURSEMENT. a. The City will reimburse the Developer a portion of the construction cost of the fl- inch, off -site distribution main, as noted in the Platting Ordinance on Section V.B.S. f) (2), not to exceed $4,223.80. See Cost Estimate attached hereto as Exhibit 3. b. The City will reimburse the Developer for expenses incurred for the preparation of plans and specifications for the 8 -inch distribution main by the professional engineer hired by the Developer. 13. INDEMNIFICATION. 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 8 -inch distribution main construction. 14. This agreement is a covenant running with the land, Legends of Diamante Unit 2, 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. 4 of 6 EXECUTED IN DUPLICATE orioriginals, thi s 1C14 day of f ��^ , 2007. ATTEST: Armando Chapa, City Secretary CITY OF CORPUS CHRISTI By: o e K. Noe, City Manager APPROVED: /411' day of Jv , 2007 By: ted45 Ga'y W. oomith Assistant City Attorney for the City Attorney THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on George K. Noe, City Manager, City of Corpus Chris municipal corporation, on behalf of the corporation. iy COUNCIL 32-735:".A....--- A 900ilizy Notary Public, State of Texas sEcRETt , 2007, by exas, a Texas home -rule otivF`Y P�4 Connie Parks ?' y MY Commission Expirios November 09, 2007 9�OF� 5 of 6 DEVELOPER: ATTEST: JJAR r evelopment, LLP By: mes Tracy, General Pa THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 0 / , 2007, by James Tracy, General Partner, on behalf of JJAR De elopment, LLP. otary Public, State o exas 'PO01", -- 74. -' „' �k� 6 of 6 IIIIIL'JI SDUTMNAVEN 111ll� aaTµ� AM I LAND M CO RI MILKY WAY LAX VIE SAVOY MEADOVVISTA MISTY ADOW BIRMINGHAM WOOLRIDGE VOOLDRIDGE LARAMIE CLAIR FIELD a TINE 4 F 1 t CAYO DEL OSD AFIELD YORKTOWN PROJECT LOCATION 1 KODIAK NO. DATE REVISIONS MAN UM. M:. [ac +s— —ern rye LEGENDS OF DIAMANTE LOCATION MAP 1 "s3D00 Exhibit 1 Page 1 of 1 P.0.9mi 2927. Corm Dw i. Tams 76403 120 OAST SI., Caps Chin, Tens 76*1)1 PRNIK 3611367.6551 fax 361.a87.g85s e—awi: rvsOrv.— ine.oam 1 1 1 2. 2: PROJECT LOCATION TORN7081,1 0 lO vp BLYDersr, 4080. LEGEND PROP. 8" WATERUNE PROP. 6" WATERUNE EXISTING CONTOURS FIRE HYDRANT 0 > Q wZ ko -71 (i) LLI LL.. LLI- .J 0< a3 z cr) 12"X8" TAPPING SLEEVE & VALVE GRAPHIC SCALE MI= 0 EXHIBIT 2 co • • • 6" PVC 0 500' 1000' •• 3 I. 1° 1- 433 Pvd w— wii 44 wr— w w 'or 12 PVC NO. DATE REVISIONS rva engineering-diving-surveying LEGENDS OF DIAMANTE UNIT 2 WATER MASTER LAYOUT - EXHIBIT 2 Page 1 of 1 !SCALE: Exhibit 2 RYE, kw. fisOneering—ifroing—Surowing P.0.84xr 2927, Carpus Christ haw 78403 829 Mid° SL, Comte Christi. 74408 78401 006 361.887.3831 hos 361.887.885 ei—math nisOrwr—ine.sem w,..r!—ins.som Off -Site Waterline Cost breakdown Exhibit 3 ITEM DESCRIPTION UNIT QUAN. UNIT PRICE TOTAL COST 8" PVC Waterline Fire Hydrant Assembly 12 "X8" Tapping Sleeve & Valve Pavement Repair _ Test and Disinfect LF EA EA LF LS 399 19 1 $24.50 $9,776 $2,412.00 $2,412.00 $2,800.00 $2,800 $50.00 $950 $2,000.00 $2,000 SubTotal $17,938.00 10% Contingency $1,793.80 10% Engineering fee $1,793.80 Backfill Testing $90.00 _ Topographic Survey $500.00 Construction Staking $500.00 Total $22,615.60 Available Reimbursement (1/2 Cost) $11,307.80 Less Lot Acreage Fee Credit Unit 2 $7,084.00 Reimbursement Amount for Unit 2 $4,223.80 Exhibit 3 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 "NA ". FIRM NAME JJAR Development, LLP STREET: 4933 Ambassador Rd. CITY: Corpus Christi ZIP: 78416 FIRM is: 1. Corporation 2. Partnership X 3. Sole Owner _ 4. Association 5. Other 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) N/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 Title N/A 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 N/A 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 ". Nam e N/A CERTIFICATE Consultant 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 changes occur. Certifying Person: James Trac (Type or Print) Signature of Certifying Person: Title: General Partner Date: fi/07 Exhibit 4