HomeMy WebLinkAboutC2007-500 - 5/22/2007 - Approvedy a
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ARTERIAL TRANSMISSION AND GRAD 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
Dyke Henderson, 2125 Saratoga Boulevard, Corpus Christi, Texas 78417 (hereinafter
"Developer").
WHEREAS, Developer in compliance with the City Platting Ordinance, filed a plat to
develop a tract of land of approximately 9.877 acres called South Saratoga Acres, Block
1, Lots 11 & 12, located west of State Highway 286 and south of Saratoga Boulevard,
as shown in the attached Exhibit 1;
WHEREAS, under the Platting Ordinance, the Developer is responsible for construction
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 State
Highway 286, in connection with South Saratoga Acres, Block 1, Lots 11 & 12 for it will
provide future service connections to the south;
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 South Saratoga
Acres, Block 1, Lots 11 & 12 in compliance with the City's Platting Ordinance and under
the plans and specifications approved by the Development Services Engineer.
2. PLANS AND SPEC1FiCATIONS
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 1, with the following basic
design:
(1} Install 748 linear feet of 12-inch PVC grid main.
(2) Install 2 (two) 12-inch Gate Valves and Boxes. Exhibit F
2007-500
M2007-134
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Dyke Henderson R~
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{3) Install 1 {one} 12=inch Cap and Blow=O'I`f Valve.
(4) Install 4 {flour} 12-inch Tees.
(5) Install 3 (three) Fire Hydrant Assemblies.
(6) Install 3 (three} fi-inch Gate Valves and Boxes.
(7) Install 3 (three) 90 Degree Elbows.
(8) Install 9 (nine) 6-inch x 30-inch Pipe Nipples.
The 12-inch PVC grid main will be constructed beginning at the existing 12-
inch water line previously installed by others and extend south, along State
Highway 286 approximately 748 linear feet terminating at the South Saratoga
Acres, Block 1, Lots 11 & 12 south property tine.
b. The plans and specii•~cations 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 instal#ation 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
May 31, 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.
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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 May 31, 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. 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 Developer fail to perform the required obligation ar duty
within 15 days of receipt of the notice, the City may perform the obligation ar duty,
charging the cost of such performance to Developer by reducing the reimbursement
amount due 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 commercial delivery
service that provides proof of delivery, delivery prepaid; or by personal delivery. In the
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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 12-inch PVC grid main 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 City 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 to exceed $31,798.31. See Cost Estimate
attached hereto as Exhibit 2.
b. The City will reimburse the Developer for expenses incurred for the preparation of
plans and specifications far 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 PVC grid main.
13. lNDEMNIFlCATION. Developer shall indemnify and hold harmless the Cify, its
agents, officers, and employees from aI! suits, actions, or claims and from al!
liability for any and all injuries or damages sustained by any person, including
without limitation workers compensation, persona! injury or death, arising from
or incident to this 72-inch PVC grid main construction.
14. This agreement is a covenant running with the land, South Saratoga Acres, Block
1, Lots 11 & 12, 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
3.
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.
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EXECUTED IN DUPLICATE originals, this ~ day of , 2007.
ATTEST: CITY OF CORPUS CHRISTI.
By:
Armando Chapa, City Secretary eorge K. Noe, City Manager
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S~CR~T~(
APPROVED: ~~~' day of V1R
By:
Ga W. mith
Assistant City Attorney
for the City Attorney
THE STATE OF TEXAS
COUNTY OF NUECES
2007
This instrument was acknowledged befiore me on , 2007, by
George K. Noe, City Manager, City of Corpus Christi, Texas T xas home-rule
municipal corporation, on behalf of the corporation.
eT
Notary Public, State of Texas
ti~~ pG~ Connie Parks
or
x; ~ My Commission Expires
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p~oF,trN~" NovemV~er 08, 2007
5 of $
DEVELOPER:
Dyke Henderson
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By; -~,.-
k enderson
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowiedged before me on b , 2007, by Dyke
Henderson.
~J
otary Public, tote of ~ exas
'+ nrp ~a,~ SEGbVIA
aaao!:'•' ye,'. ANDREA E,
Notary Public, State of Texas
'+',••••+~, yCommissionExpires
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CROSSTpWN EXPY. {SH 2B6)
AYERS ST. (SH 286 BUSINESS.) _~
AREA MAP
1 " 12t}0' APPROX.
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LOTS- 11 12, Bf_ft 1 ~C
S. SARA OGA AC.
_ 15'UE _ - EXISTING WV~ EXISTING 12'1N
PROP FH PROP Fl~i PROP FH
CRQSSTOWN EXPY (SN 286) PROP. 748 LF
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LOCATION MAP
1 ° 2O0' APPROX.
LOTS11&i2,BLK1,
ca Pus CHRISTI ~ GINEERING S• SARATOGA AC. Exhibit '1
COMP. N4. Exe-wrlt WATER LINE REIMBURSEMENT
JOB NO: 06088
PLAT SCALE: 1 ° i 200'
~~``~~ ~ $"°'~ CORPUS CHRISTI, TX Page T 0 1
PL07 DATE: 5/2/07
SHEET 1 pF 1
' COT ESTIMATE COS"[~ESTIMATE '
' 06066
GRID MAIN WATER IMPROVEMENTS snsrzoo~
S. SARATOGA ACRES, BLOCK 1, LOT 12 CONDO SUBDIVISION
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT
WATER IMPROVEMENTS
1. 12" PVC (C-900) 748 LF $ 29.75 $ 22,253.00
2. 12" GATE VALVE WIBOX 2 EA 1,500.00 3,000.00
3. 12" CAP & BLOW OFF VALVE 1 EA 325.00 325.00
4. 12" TEE 4 EA 575.00 2,30D.00
5. FIRE HYQRANT 3 EA 1,675.00 5,025.00
6. 6" GAl-E VALVE WI BOX 3 EA 625.00 1,875.00
7. 6" 90° ELBOW 3 EA 265.00 795.00
8. 6"x30"PVC PIPE NIPPLE 9 EA 225A0 2,025.00
SUB-TOTAL 37,598. DD
PAYMENT BOND 600.00
7.5% ENGINEERING $ 2,819.85
TOTAL BID $ 41,D17.85
LESS LOTlACRAGE FEE CREDIT 9,219.54
TOTAL REIMBURSEMENT $ 31,798.31
Page 1 of 1 Exhibit 2
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~-~~= 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 ~~('~~,~ ~11/~N" ~~1 .__
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STREET: ~.~ ~ ~~ ~i'~~iA~ CtTY:~,~/~~~~ZIP:
FIRM is: 1. Corporation 2. Partnership 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)
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2. State the names of each "official" of the City of Corpus Christi having an "ownership interest"
constiituting 3°/a or more of~the ownership in the above named "firm".
Name /ggqf//` Title
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
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4. State the names of each employee or ofFcer 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".
Name ~ Consultant
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CERTIFICATE
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 in#ormation requested; and that supplemental statements will be promptly submitted to
the City of Corpus Christi, Texas as changes occur. r
Certifying Person: ~,u~C.e ~ _ ~ ~~~ '~ 0 r~J Title: _~ ~~~
(Type or Print)
Signature of Certifying
Date: ~~ ~`S ~ ~
Exhibit 3