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HomeMy WebLinkAboutC2007-499 - 4/17/2007 - 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, P.O. Box 9277, Corpus Christi, Texas, 78469-9277, and MER Investments, LLC, 10$0 South Colorado Boulevard, Denver, Colorado 80222 (hereinafter "Developer"). WHEREAS, Developer in compliance with the City Platting Ordinance, filed a plat to develop a tract of land of approximately 10.00 acres called MER Subdivision, Block 1, Lot 1, located east of U.S. Highway 77 and south of County Road 52, as shown in the attached Exhibit 1; WHEREAS, under the Platting Ordinance, the Developer is responsible for construc#ion 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 U.S. Highway 77, in connec#ion with MER Subdivision for it will provide future service connections to the east; 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 MER Subdivision in compliance with the City's Platting Ordinance and under the plans and specifications approved by the Development Services Engineer. 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 12-inch PVC grid main, as shown in Exhibit 2, with the following basic design: (1) Install 1,fi00 linear feet of 12-inch PVC grid main. {2) Install 6 (six) Fire Hydrant Assemblies. 2007-499 Ord. 027226 04117147 MER Investments, LLC Exhibit F 1 of 6 iNDE%ED (3} Install 3 (three) 12-inch Gate Valves and Boxes. (4) Install 1 (one) 12-inch Cap with 2-inch Blow-Off Valve and Riser. (5) Install 4 (four) 12-inch Ductile Iron Pipe 45 Degree Bends (MJ). {6} install 95 linear feet 12-inch Ductile Iron Pipe. {7) Install SO linear feet 24-inch Steel Casing and Casing Seals. (8) Install 1 (one} Tie to Existing 12-inch PVC C-900 Waterline. The 12-inch PVC grid main will be cans#ructed beginning at the existing 12- inch water line previously installed by others and extends south, along U.S. Highway 77 approximately 1,600 linear feet terminating at the MER Subdivision south property line. 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 April 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: a. Developer fails to engage a professional engineer for the preparation of plans and specifications for this project by the 10t~ calendar day after the date of approval by City Council. 2 of 6 b. Developer's professional engineer fails to submit the construction plans and specifications to the City's Development Services Engineer by the 40t~' calendar day after the date of approval by City Council. c. Developer fails to award a contract for the construction of the ~roject, according to the approved plans and specifications, by the 70t 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 Apri! 30, 2008. In the event of default, the Gity shall have all its common law remedies in addition fio 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 ^eveloper 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 ^eveloper. Developer will pay to City the cost of such performance within 30 days from the date Developer receives notice of the cost of such pertormance. Notice required by the paragraph may be by United States Postal Service, First Class Mali, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. In the 3offi 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 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 Gity upon completion of this project. 12_ REIMBURSEMENT. a. 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 #o exceed $173,472.75. See Cost Estimate a#kached hereto as Exhibit 3. b. The City will reimburse the Developer for expenses incurred for the preparation of plans and specif+cations 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. INDEMNIFICATION. Developer shall Indemnify and hold harmless the City, ifs agents, officers, and employees from all suits, actions, or claims and from all liabi-ity for any and all injuries or damages sustained by any person, including without !imitation workers compensation, persona! Injury or death, arising from or incident fo this 12-inch PVC grid main construction. 14. This agreement is a covenant panning with the land, MER Subdivision, Block 1, Lot 1, a subdivision in Nueces County, Texas, and shall be recorded in the Official Public Records ofi Nueces County, Texas. 15. DISCLOSURE OF OWNERSHIP INTERESTS. Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17192, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached here#o as Exhibit 4. 1 fi. EFFECTNE. 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 da#e of execution. 4 of B EXECUTED IN DUPLICATE originals, this ~~ day of , 2Q07. ATTEST: CITY OF CORPUS CHRISTI BY= Armando Chapa, City Secretary eorge K. Noe, City Manager .~ APPROVED: ~ ~- day of ~~~ , 2007 By: ~/~ Assistant City A orr~ey for the City Attorney THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on ~ , 2007, by George K. Noe, City Manager, City of Corpus Christi, exas, a Texas home-rule municipal corporation, on behalf of the corporation. ~. Notary Public, State of Texas o'~YA~ a~e4 Connie Packs _~;~ ~ My Commission Expires ~~:.,W~v November 08, 2047 OF 5of6 DEVELOPER: MER Investments, LLC L~~~~ , By: Michael J. Shaw anager THE STATE OF ~C"~rg COUNTY OF '~- This instrument was acfcnowledged before me on ~~~ a~ , 2007, by Michael J. Shaw, Manager, MER Investments, LLC. ~~ tary Public, to of ;~n • _ y •" ~9jFOF"5~'P ~~ ~~~~'~/ ilf~ilii4 ~+-t~l~~~e~ 6of6 N.T.S. I~fATERLINE REIMBURSMENT PLfiN LC~CAT4 ~ N 1~AP MARCH, 2007 UF~BA~ ENGINEERING cor:aus c~~isn, ~xns U.f. JOB Np. 40355.A7.00 Exhibit 7 age //~ V f Z ~ I @ y i ~~ i ~ W S ~ Y ~- ~ E I = a ~ ~ _ d ~W 1 ~3 3 I' ~ ~ ~, ~ ' 1 f ° ~ ~ i I i I _ . 1 ~~~~ I .I ~ ~ I ~i ~ ~~ I 'I ~ ,~ ~: f ~ 9 I ~ ~ ~ ~ ~ A I I ~ r ~ Z ~ E } ~. ~ Y J I I ~ I ~ ~ # ~ ~ Iz ~ a I .~~~ ~ ~ ' ~ ~r .a ,. g ~ ~ 1 } o~-I 'I I ~ ~ ~ ~- ~ f . I I I I - 1 ~ , 3~: : ~ I~~~~~ I I `" ~~~ ~~ g~ ~~~ s ~ .! ~ ~~ I ~ # ~ j~ ~ ~~ i Z ~ ~ ~ °o ° • d N ~ O m $~ ~ p r 2~ ~~~ ~ ~~ ~~ ~ ~W~ g ~ z~ N - m ~ o ~ ~ ~ a W :____o w ~ __. ~ o a i ^~: ~ w .. ~_ +` W N~ _ ~ a ~ a C GC o ~ °- v.. f .~ ~~ C W C d Exhibi# 2 a a Page 1 of 1 ~ ~ Engineer Rhodes C. Urban Sy: n~m R Waterline Est Rev ' i i'R~LiMINARY 1PlATERt-[IVE GOAT ES7'lN!!#TE EDR MIKE SHAW TOYOTA Urban Engineering 2725 Slnrantner Carpus ChrisB, TX 78444 1-361-854-31 D1 ©ate:372$120Q7 Job Na_ 44355.A7.04 Exhibi# 3 Page 1 of 1 . d , rr~ CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Carpus Christi ordinance 17172,.as amended, requires ail persons or firms seeking to do business with the City to provide the following inforintition. -Every-.,question must be answered. If the question is not applicable, answer with " NA". . FIRST NAME: ~'~~ :S`~,r,.t.r' ~.r%~t~i;S C`~.~~~ ~~ ~~~~ .,.~-.v.C:.. _ STRI=ET; CITY: ZiP: FIRM 4S: Corporation ^2. Partnership ^3. Sole Owner []4. Associat':on ^5. Other DISGI.OSURE QU>~STIONS if additional space is necessary-, filease use the averse side of this page or attach separate sheet. 1. `State'ttie names of each "employee" of the City of Gorpus Christi having an "ownership interest" constituting 3% .. or more of tiie'awnership 'tn the above named "frm". ~ . Marne Job Title and City Depar#ment (if known} ,d~lA 2. Skate the names of each "official" of the City of Corpus Christi having an "ownership interes#" constituting 3% or mare of the ownership in the above named "firm". Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3`Yo ar more of-the ownership in -the above named "firm", Na~ie .. ~' Board, Commission, or Commiktee 4. Sta#e the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked an any matter related to the subject of this contract and has an "ownership interest" constituting 35 or more of the ownership in the above named "firm". Name Consultant /.~ CERTIFICATE I certify that ail information provided is true and con'ec# as of the date of this statement, that I have not knowingly withheld disclosure of any information, requested; and that supplemental sta#ements will be promptly ~submifted to the City of Corpus Christi, Texas as changes occur. Certifying person: -~EaJ~1~~ r~~t~~ Title: T Cf~/~~'j ~~'~ (Type or Print) ..l~r~ Signature of Certifying Person: ..~~-'°~ Date: ~~~'/~~' Exhibit 4