HomeMy WebLinkAboutC2008-063 - 2/26/2008 - ApprovedDISTRIBUTION MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT
AGREEMENT
THE STATE OF TEXAS §
COUNTY OF NUECES §
This Distribution Main Extension 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, I•iled 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 an 8-inch PVC distribution main;
WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement
of a portion of the Developer's costs for the construction of an 8-inch PVC distribution
main;
WHEREAS, it is essential that the 8-inch PVC distribution main be constructed in
connection with Rhew Industrial Tracts Unit 1 for it wilt provide future service
connections #o the north and south and improve water quality by providing a loop
between two dead end water mains;
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 distribution 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 8-inch PVC distribution main, as shown in Exhibit 1, with the following
basic design:
(1) Install 928 linear feet of 8-inch PVC distribution main.
2008-063 Exhibit E
02/26/08
M2008-049 1 of s
Donald & Kathleen Kirchberg
(2} Install 3 {three} 8-inch Gate Valves with Box.
(3) Install 1 (one) 90° Ductile Iron Elbow.
(4) Install 1 (one) 8-inch x 6-inch Ductile Iron Reducer.
{5) Install 1 (one) 6-inch Tee, Cut In.
(6) Install Pavement Patching.
(7) Install Traffic Control During Construction.
The 8-inch water grid main will be constructed beginning at an existing 6-inch
waterline loca#ed approximately 200-feet east of the intersection of Erne Drive
and Main Drive and extend to the east approximately 928 linear feet where it
will connect to the proposed 12-inch PVC water grid main on the east side of
Rhew Road.
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 8-inch PVC distribution main, the Developer shah acquire
and dedicate to the City the required utility easement or right-of-way for the installation
of the 8-inch PVC 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 include within the contract that the 8-inch distribution 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.
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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 approva! 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 reimbursemen# agreement without notice or cure.
b. Refusal to record plats} or issue any certifica#e 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. 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
alternative, in the event of Developer's failure to cure any such breach after notice, the
3ot6
City may terminate this agreement. The provision for notice and cure contained herein
shall no# apply to a default under paragraph 7 hereinabove.
10. WARRANTY.
Developer shall have contractor execute a warranty of the workmanship of and function
of the 8-inch PVC distribution 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.
11. REIMBURSEMENT.
a. The City will reimburse the Developer 100% of the cost of the 8-inch PVC distribution
main, upon satisfactory completion and testing in compliance with approved plans and
specifications, and final acceptance not to exceed $30,165.58. See Cost Estimate
attached hereto as Exhibit 2.
b. The City will reimburse the Developer for expenses incurred for the preparation of
plans and speci5cations for the 8-inch PVC distribution 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 City agrees to conduct periodic inspections
and approve the progress of the work at key points during construction.
72. INDEMNIFICATION. Developer shall indemnify and hold harmless the City, its
agents, ofificers, and employees from all suits, actions, or claims and from aII
liability for any and a!! injuries or damages sustained by any person, including
without limitation workers compensation, persona! injury or death, arising from
or incident to this 8-inch PVC distribution main construction.
13. 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.
14. 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.
15. 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 ~ , 2008.
ATTEST:
CITY OF CORPUS CHRISTI
ay:
Armando Chapa, City ecretary orge K. Noe, City Manager
APPROVED: ~ day of ~~rva , 2008
gy: +.~.~
Ga W. Smith
Assistant City Attorney
for the City Attorney
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowled ed before me on 1 V~` 2008, b
~ ~ Y
George K. Noe, City Manager, City of Corpus Christi, Texas, a Texas home-rule
municipal corporation, on behalf of the corporation.
c
Notary Public, State of Texas
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DEVELOPER:
Donald W. Kirchberg and Kathleen J. Kirchberg
103 Duke Lane
Portland, Texas 78374
THE STATE OF TEXAS
By:
Kat n . Kir berg
COUNTY OF NUECES §
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This instrument was acknowledged before me on ~ ~ , 200$, by
Donald W. Kirchberg.
."-* s,,, CHARLES E BAISH III
_ ~ Notary Puk~io, State of'rexas
ra My Commission Expires
i~ : ''ar',~iH~'e~ February 14.2010
Notary Public, S ate of Texas
THE STATE OF TEXAS
COUNTY OF NUECES §
This ins#rument was acknowledged before me on , 2008, by
Kathleen J. Kirchberg.
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Notary Publi ,State of xas
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~~~~~~~~~ CHARLES F. BAISH III
~°~° :~^~ Notary F'ubtia, State of Texas
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S };. ~ F My Cammissian Expires
%:, „;;,'„~'~ February 14, 2010
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WELL LN. '
~ CLEAN AND TELEVISE
EXISTING 10" SS IN
¢ MAIN DR., ERNE DR. T^
Z~ LE^PARD STREET
f LENGTH = 2598 FT
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REHAB EXISTING 10"
SS WITH NEW XNTERI^R
PIPE LINER
LENGTH = 515 ET
PROPOSED 12' SS
rCOLLECTION MAIN
1 LENGTH = 1366 F
ERNE DR.
PR^P. 8" DIST.
+ MAIN WATER
LENGTH = 928 FT
FUTURE FH'S
PR^P. 12" GRID
MAiN WATER
LENGTH = 2508 FT
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'ENTION BASIN_
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LOVE ITT TO BE ACTIVATED
UNTIL LOTS 14 - 1B ARE
DEVELOPED OR SOUTHERLY
CpNNECTD]N IS MADE
BASS AND WELSH ENGINEERING
CORPUS CHRISTI, TX
COMP. N0. EXB-SSW REIMB.DWG
JOB Np. 97139
SCALE: 1' 400'
PLOT SCALE: SAME
PLOT DATE: 2/5/08
SHEET 1 OF 1
Exhibit 1
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Exhibit 2
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F=~ CITY OF CORPUS CHRISTI
DISCLOSURE OF INTEREST5
City of Corpus Christi Ordinance 17112, as amended, requires al! persons or firms seeking to do business with the
City #o 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: 7$374
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°1° 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" cansti#uting 3% or
more of the ownership in the above named "firm".
Name Cansultank
NIA NIA
CERTIFICATE
I certify that all information provided is true and correct as of the date of this statement, that f 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~s//changes occur. ~/
Certi in Person: 1~a.~A-~~ ~. Kf~2cA />!-T7tC~~~ /~rRG~i~p~
fy~ g Title: Owner
(Type or Print)
Signature of Certifying Pers ~ Date:
~~~ /G ~
Exhibit 3
4 4 r
` R G.1 NA L
Doc# 2008010786
DISTRIBUTION MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT
AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
This Distribution Main Extension 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 an 8 -inch PVC distribution main;
WHEREAS, Under the Platting Ordinance, the Developer is eligible for reimbursement
of a portion of the Developer's costs for the construction of an 8 -inch PVC distribution
main;
--WHEREAS, -it-is essential that the 8 -inch PVC distribution main be constructed in
connection with Rhew Industrial Tracts Unit 1 for it will provide future service
connections to the north and south and improve water quality by providing a loop
between two dead end water mains;
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 distribution 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 8 -inch PVC distribution main, as shown in Exhibit 1, with the following
basic design:
(1) Install 928 linear feet of 8 -inch PVC distribution main.
Exhibit E
1 of 6
STATE OF TEXAS
COUNTY OF NUECES
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
xn
DIANA T. BARERRA
NUECES COUNTY, TEXAS
Any provision herein which restricts the Sale, R
ED a or use
of the described REAL PROPERTY because of Race,
Color,
Religion, Sex, Handicap, Familial Status, or Nat
ional Origin
is invalid and unenforceable under FEDERAL LAW,
/12/59.....
Doc# 2008010786
# Pages 10
03/10!5008 1.45PM
Official Records of
NUECES COUNTY
DIANA T. BARRERA
COUNTY CLERK
Fees $51.00