HomeMy WebLinkAboutC2008-062 - 2/26/2008 - ApprovedARTERIAL 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
Donald W. Kirchberg and Kathleen J. Kirchberg, 103 Duke Lane, Portland, Texas 78374
(hereinafter "Developer").
WHEREAS, Developer in compliance with the City Platting Ordinance, filed a plat to
develop a tract of land of approximately 20.892 acres called Rhew Industrial Tracts Unit
1, located south of Leopard Street and east of Rhew Road, as shown in the attached
Exhibit 7;
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 cos#s for the construction of a 12-inch PVC grid main;
WHEREAS, it is essential that the 12-inch PVC grid main be constructed along Rhew
Road, in connection with Rhew industrial Tracts Unit 1 for it will provide future service
connections to the south, east, and west;
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 Rhew Industrial
Tracts Unit 1 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 2,508 linear feet of 12-inch PVC grid main.
2008-062
a2~26ioa
M20a8-048 1 of 7 Exhibit F
Donald & Kathleen Kirchberg
(2) Install 10 (ten) 12-inch Tees X Any Branch Size.
{3) Install 9 {nine) Fire Hydrant Assembly.
(4) Install 7 (seven) 12-inch Gate Valves with Box.
(5} Install1 (one) 12-inch Cap Tapped for 2-inch.
(6} Install 4 (four) 12-inch 45° Elbow.
(7) Install 9 (nine) 6-inch 90° Elbow.
(8) Install 9 (nine) 6-inch Gate Valves with Box.
{9) Install 27 (twenty-seven) 6-inch x 30-inch PVC Pipe Nipple.
{10) Install Traffic Control During Construction.
(11) Additional Work for 12-inch PVC Crossing of Petroleum Pipeline
(12) Install 88 linear feet 12-inch PVC Grid Main Laid at Extra Depth with Full
Mega Lug Joint Restraint.
(13) Install 100 linear feet Trench Safety for 12-inch Waterline Over 5-feet
Deep.
The 12-inch PVC grid main will be constructed beginning at the existing 12-
inch water line stubbed out from the existing 4$-inch waterline previously
installed by others in Leopard Street and extends south along Rhew Road
approximately 2,508 linear feet terminating at the Rhew Industrial Tracts Unit
1 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.
2of7
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
February 28, 2009.
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 City's Development Services Engineer 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 ~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 February 28, 2009.
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.
$. 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
3 of 7
$25,000. The performance and payment bond shalt comply with Texas Governmen#
Code, Chapter 2253 and shalt 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 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 Receipt Requested, postage prepaid; by a commercial delivery
service that provides proof of delivery, delivery prepaid; or by personal delivery. In the
alterna#ive, 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 $166,225.11. 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 for the 12-inch PVC grid main by the professional engineer
hired by the Developer.
c. After appropriation of funding by the City Council, the City agrees to reimburse the
Developer on a monthly basis and upon invoicing for work performed. Such
reimbursement shall be made no later than 30-days from the date of the invoice.
Developer is to submit all required performance bonds and proof of required insurance
in accordance with applicable laws. The Ci#y agrees to conduct periodic inspections
and approve the progress of the work at key points during construction.
13. INDEMNlFlCATlON. 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
4of7
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, Rhew Industrial Tracts Unit 1,
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.
5of7
EXECUTED IN DUPLICATE originals, this ~[o day of , 2008.
ATTEST: CITY OF CORPUS CHRISTI
By:
Armando Chapa, City ecretary George K. Noe, City Manager
APPROVED: ~.o~ day of ~r~ca~ru ~, 2008
ey: t~
G .Smith
Assistant City Attorney
for the City Attorney
THE STATE OF TEXAS
COUNTY OF NUECES §
This instrument was acknowledged before me on ~r~ ~ , 2008, by
George K. Noe, City Manager, City of Corpus Christi, Texas, a Texas home-rule
municipal corporation, on behalf of the corporation.
r
Notary Public, State of Texas f ~Q~ ~~„Al1~Hi~~ucL-:
,.;:~~ ~fEPMKS SY COURCfL .~~.~.~~' a0
3 ~ '~,*`__ MY COMM18SlON EXPIRES ~ -
9,2011 ..........,..~..
;~;ls„9€~r November ,~~,,,~ ..SECR~'ARY ~~
6 of 7
DEVELOPER:
Donald W. Kirchberg and Kathleen J. Kirchberg
103 Duke Lane
Portland, Texas 78374
g ~,
Donald W. Kir berg
By:
Katbt en J. Kir berg
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on ~ < < , 2008, by
Donald W. Kirchberg.
Notary Public, State of Texas
~~; *! ~,'~ CHARLES F. BAISH Ili
'~. ti : Notary Public, State of Texas
~~ My Commisslon Facpires
~riE ~~' febraory 14, 2010
THE STATE OF TEXAS
COUNTY OF NUECES
_ ~
This instrument was acknowledged before me on ~ ~ , 2008, by
Kathleen J. Kirchberg.
Notary Public, tote of Texas
?':**-d,
~°°' ~`
_ ~'F~}~~S
,,,;„~,,,~ CHARL>;S F BAISH III
Notary Public, State of Texas
My Corrsmission expires
Fabruaiy 14, 2010
7of7
i~
~-- SUtJTIDE RD.
~_r~ S
WELL LN. ~ ~ S
~FOp,~R~
f Sr
f
I
:~
I
~ CLEAN AND TELEVISE
EXISTING 10" SS IN
a ~ MAIN DR., ERNE DR. T^
~~ LEOPARD STREET
~~ LENGTH = 2598 FT
~.
---. -
M ~~p
G~'~' q T~iP ~'I.1~
z ,~ c~s~8
3 F.-- ~~.
~--~
4 ~
5 (n
s U
7 ~
8
a Q
10 ~
„ ~
1i z
13
14 LJ
15 ~
16 THIS SECTD~I OF VATER
LINE NOT TO BE ACTIVATED
UNTIL LOTS i4 - l8 ARE
17 DEVELOPED OR SOUTI~ERLY
CONNECTION IS MADE
18
'ELATION BASIN_
A
n
3
W
~ REHAB EXISTING 10"
~ SS WITH NEW INTERIOR
PIPE LINER
LENGTH = 515 FT
PROPOSED 12" SS
C^LLECTI^N MAIN
LENGTH = 1366 FT
ERNE DR.
PROP, 8" DIST,
~ MAIN WATER
LENGTH = 928 FT
FUTURE FH'S
PROP. 12" GRID
MAIN WATER
LENGTH = 2508 FT
BASS AND MIELSH ENGINEERING
GORPUS CHRISTI, TX
COMP. NO. EXB-SSW REIfaB.DwG
JOS NO. 97139
SCALE: 1 ' ~ 400'
PLOT SCALE: SAME
PLOT DATE: 2/5/08
SHEET 1 OF 1
Exhibit'!
Cm o
y M
a ~~
x °
~-
3
z
~--~ F
~z
~I WW1
M7 /-~
H ~
V
~a
H~
~-1 ~"
~ ~
W
zz
W A
~~
a o o o a a a o o a o o o a a N u~ ~ r
o o a o a a a a o 0 0 0 0 0 o r~ c+1 N r
F^' CQ
M 0
O 0
LA 0
O 0
H 0
O ~fS
t~ ~
N O
O O
W G
O O
OD O
O N
f~ 00
M ~A
1~ M
tr 00
OD ~
N
Z M O O fD ~ O ~ c"] ~ N tl] N r ~ e"1 M A ~ N
~ l1] 1(} N N C] N 00 l!7 r N ~[? ~ CO M r 1ff 1D
O O
r N r 1+ r 01
r N fD
r
r
a
~ ~ ~ ~ ~
w O
0 O
0 O
0 d
0 0
0 0
0 0
0 0
0 0
0 o
0 C
0 O
o 0
a 0
o J
Q ~
z ~
o '8
~ Z
c~ cv
v o
a o
~n o
a o
~n o
u, ~i
ti ui
N a
O a
as o
a o
cfl .-~ cv
~ H
O ~
w c~
c ~
U w
~
~
a ifi ~ a0 W ti N W N N ~ ~ }- W O W w
~ N T N ~' ~' Z 'a+
V W
W ~
~
~
~ W ~ (~
C
N U ~ ~
J QQ Q Q Q Q Q Q J ~ J J J~ ~ ~
~ w W LLf W W W W W Q ~
W
H ~
F Q
3
o W f~ r ~ W 01 N r r ~ O r N
Q
~ N r W
J
d
~_ _
w a
w
z 0
w
z ~ ¢~
J ~
~ ~
H ~
j J ¢
~
cat
z
a
~ ~ ~ o >
o o
z ,~
~
~
o
~ ~ a
o Z ~
r~ z 0
v o ~ o
r
n ~ a
W ~ U ~ a O
~ Z V H J ~' Ca
o (n W
ao ~ Q z
N Z N ~ ~
d ~
U O O a D 0~ _ ~ a
z ~
O w
~ m
~ ~
w o ~a ~ ~ a
}
J
d
~
Z W
~ Z
~
...
U
~
¢ w ~ a O ~ ¢
a
a
~ Q
~ ¢
> U
>
~ Q~
z a
a
~ ¢
~
U W fn F"' ~
~ ~ J w Q. U O N U 2 ~
~
a w
--- cn
¢ Q
C7 ¢
U ~
W w
o ~-
Q o
r> ~
w
DU
0.
w
~
O ~ x
fV (V = fV LV (V ~ ~ W
r
~
d
r LL r r r CQ (Q (j7 H ¢ Z
IJ
L r N M ~ ~ (D h oo O O
r r
r (~ M ~
L
r r r r
Exhibi# 2
0
as
a
~_~ 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 Donald W. Kirchber and Kathleen J. Kirchber
STREET: 103 Duke Lane CITY: Portland, _TX ZIP: 78374
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)
NIA NIA
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
NIA NIA
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
NIA NIA
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
NIA NIA
CERTIFICATE
i certify that ail 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.
~~~~1~•~~r~~~ k~n.~ ~~cGr~rr
Certifying Person: ~ ., __ ~_Title: Owner
(Type or Pr
Signature of Certifying P son• Date:
~n /~~
Exhibit 3
ORIGINAL' DOC#
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
Donald W. Kirchberg and Kathleen J. Kirchberg, 103 Duke Lane, Portland, Texas 78374
(hereinafter "Developer ").
WHEREAS, Developer in compliance with the City Platting Ordinance, filed a plat to
develop a tract of land of approximately 20.892 acres called Rhew Industrial Tracts Unit
1, located south of Leopard Street and east of Rhew Road, 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 Rhew
------ - - - - -- Road, in connection with Rhew Industrial Tracts Unit 1 for it will provide future service -
connections to the south, east, and west;
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 Rhew Industrial
Tracts Unit 1 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 2,508 linear feet of 12 -inch PVC grid main.
1 of 7
Exhibit F
STATE OF TEXAS
COUNTY OF HUMES
I hereby certify that this instrument was FILED
in file number sequence on the date and at the
time stamped herein by me, and was duly RECORDED
in the Official Public Records of
Nueces County, Texas
a
• �p V R e1fSdY�
DIANA T. BARERRA 1
NUECES COUNTY, TEXAS
Any provision herein which restricts the Sale, R
ental or use
of the described REAL PROPERTY because of Race,
Color,
Religgion, Sex, Handicap, Familial Status, or Nat
ional Ori in
_.---- ...._... is invaM and.unenforceable under FEDERAL .LAW,
...
3112189.
Doc# 20080 10785
# Pa es 11
03!112008 1:EPN
Official Records of
NUECES COUNTY
DIANA T. BARRERA
COUNTY CLERK
Fees $55.00