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Home My WebLink AboutC2007-501 - 5/22/2007 - ApprovedY v ' i~ 1 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 Ray Thurman, 5501 King Acres, Corpus Christi, Texas 78414 (hereinafter "Developer"), WHEREAS, Developer in compliance with the City Platting Ordinance, filed a plat to develop a tract of land of approximately 1.817 acres tailed Saratoga Industrial Place Uni# 1, Block 1, Lots 1 A & 2A, located east 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 far 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 Saratoga Industrial Place Unit 1, Block 1, Lots 1A & 2A 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 PVG grid main needed for Saratoga Industria! Place Unit 1, Block 1, Lots 1A & 2A 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 1, with the following basic design: {1) install 141 linear feet of 12-inch PVC grid main. {2} Install 1 (one) 12-inch Cap with 2~inch Blow-Off Valve. (3) Instals 2 (two} 12-inch Gate Valves. 2007-501 M2007-133 ~ o~ s 05122/D7 Thurman, Ray Exhibit F lNDEXEO o (4) Install 2 (two) Fire Hydrant Assemblies. (5) Install 2 (two)Tie to Existing Waterline. (6} Remove and Replace Concrete Flume. (7} Remove and Dispose of 158 linear feet of Existing Chain Link Fence. 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 2$6 approximately 141 linear feet terminating at the Saratoga Industriai Place Unit 1, Block 1, Lots 1A & 2A 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 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 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 Ci#y's Development Services Engineer by the 40Th calendar day after the date of approval by City Council. 2 of 6 c. Developer flails #o award a contract for the construction of the ~roject, according to the approved plans and specifications, by the 70f 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 pions and specifications, on or before May 31, 2008. In the event of default, the City shall have ail 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) ar 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 parley 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,OOD. 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. Shouid 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 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 Receipf Requested, postage prepaid; by a 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 far notice and cure contained herein shall not apply to a default under paragraph 7 hereinabove. 3of6 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 #esting in compliance with approved plans and specifications, and final acceptance not to exceed $34,002.22. 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 far the 12-inch PVC grid main by the professional engineer hired by the Developer. 73. INDEMNIFICATION. Developer shall indemnify and hold harmless the City, ifs agenfs, officers, and employees from all suits, actions, or claims and from aII Iiabilify for any and all injuries or damages sustained by any person, including without limitafion workers compensation, personal injury or death, arising from or incident to this 92-inch PVC grid main construction. 14. This agreement is a covenant running with the land, Saratoga Industrial Place Unit 1, Block 1, Lots 1A & 2A, a subdivision in Nueces County, Texas, and shall be recorded in the Official Pubiic 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. 4of6 EXECUTED IN DUPLICATE originals, this ~~ day of , 2007. ATTEST: CITY OF CORPUS CHRIST! By: Armando Chapa, City Secr tary Ge r e K. Noe, City Manager i ~~~1.1 l.~ ~ ~ A~ 1 h~dKie.~~ ~~rrC~ur~c~t.a ~ -~ .~.~. .s~cr~~r~rr APPROVED: f~ ~~' ' day of !Yl ~r~.i , 2007 By: ~i~ G ry ..Smith Assistant City Attorney for the City Attorney THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on U ~ , 2007, by George K. Noe, City Manager, City of Corpus Christi, Texa , a Texas home-rule municipal corporation, on behalf of the corporation. ~.~`~ Notary ublic, State o Texas a~~Y AG~ Connie Parks z; ~ My Commission Expires y~.. --.:~a November 09, 2007 OF 50#6 DEVELOPER: Ray Thurman By: Ra Thurman THE STATE OF TEXAS COUNTY OF' NUECES This instrument was ac~Cnowfedged before me on /~ ~~'" , 2007, by Ray Thurman. No Publ' ,State of Texas a' v~P"~ JUDY V. Gl~OW - MY COMMISSION FJCp1RE5 s~• September 10,2408 ~~~4~,Z . 6of6 --~~- CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi- Ordinance 171.12, 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 ~ ~ fvle ~ STREET:~~/~ _~~7~/~ ~crz r-5 CITY: ,rnvl ~ /{~iS~ ~' 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. 'I. 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) ~d ~ 2. State the names of each.."official" of the City of Corpus Christi having an "ownership interest" eonstituting 3% ar more of the ownership in the above named "firm". Name. Title ~'o,y~ 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% ar more of the ownership in the above named "firm". Name Board, Commission or Committee ~o ,/ c 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". Name ~ Consultant / '~ Q Y ~r 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 informs#ion requested; and that supplemental statements wilt be promptly submitted to the City of Carpus Christi, Texas as changes occur. Certifying Person: ~~ y ?~~ w~2 .~- .a ~ Title: c~ ea ~ ~ /z (Type or Print} Signature of Certifying Person: Date: /"1 '~ ~ ~~i ~- ~°~~ Exhibit 4