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HomeMy WebLinkAboutC2008-161 - 5/13/2008 - ApprovedDISTRIBUTION MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This Distribution Main Extension Construction and Reimbursement Agreement Agreement {"Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469-9277, and AEP Texas Central Company, 539 N. Carancahua Street, Corpus Christi, Texas 78478 ("Developer"). WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat to develop a tract of land of approximately 15.38 acres called Cabaniss Acres, No. 2, Lot 4 located south of Holly Road and west of Ayers Street, as shown in the attached Exhibit ~ ; WHEREAS, Developer, will soon be commencing construction on infrastructure and related site improvements under City approved construction plans and specifications; WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of an 8-inch PVC distribution main extension; WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Developer's costs for the construction of a distribution main extension; WHEREAS, it is essential that the 8-inch PVC distribution main extension be constructed in connection with the development for service to be provided upon completion of the development; and WHEREAS, it is in the interest of the City and the Developer for the 8-inch PVC distribution main extension to be constructed iin connection with Cabaniss Acres No. 2, Lot 4 for it will provide future service connections to the north and south; NOW, THEREFORE, for the consideration set forth in this Agreement, the City and Developer agree as follows: 1. REQUIRED CONSTRUCTION The Developer shall construct the $-inch PVC distribution main extension needed for Cabaniss Acres, No. 2, Lot 4 in compliance with the City's Platting Ordinance and under the plans and specifications approved by the Development Services Engineer. 2408-161 M2008-119 Page 1 of 6 ~~_ OrJ~13~0g =xtension Constr and Reimb Agreement -- RJR 04182008.doc AEP TX Central 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 extension, as shown in Exhibit 2, with the following basic design: 1. Install 405 linear feet of 8-inch PVC distribution main extension. 2. Install 1 {one} 45° Bend, Ductile Iron. 3. Install 2 (two) Fire Hydrant Assemblies. 4. Install 1 (one) Water Tie-In. 5. Install Traffic Control During Construction. b. The off-site 8-inch water distribution main must begin near the northwest corner of Cabaniss Acres No. 2, Lot 4 and extend north parallel to the State Highway 286 east right-of-way line for approximately 405 linear feet, where it will connect to an existing f- inch PVC water distribution main previously installed by others. c. The plans and specifications must comply with City Standard Water Detail Sheets and Standard Specifications. d. Before the Developer begins construction, the plans and specifications must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS Prior to construction of the 8-inch PVC distribution main extension, the Developer shall acquire and dedicate to the City the required utility easement or right-of-way for the installation of the $-inch PVC distribution main extension. 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 PVC distribution main extension must be constructed, under the approved plans and specifications, and completed by May 31, 2009. 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. Page 2 of 6 Cabaniss Acres Water Distribution Main extension Constr and Reimb Agreement -- RJR OA1820fl8.doc 7. DEFAULT. a. The following events must constitute default: 1. 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. 2. Developer's professional engineer fails to submit the construction plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. 3. Developer fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. 4. Developer's contractor does not reasonably pursue construction of the project according to the approved plans and specifications. 5. Developer's contractor fails to complete construction of the project, according to the approved plans and specifications, on o~ before May 31, 2009. b. In the event of default, the City will have a!I its common law remedies in addition to the following: Cancellation of this reimbursement Agreement without notice or cure. 2. Refusal to record plats} 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 contracts with the contractor for the construction of the project must provide that the City is a third party beneficiary of each contract. 9. PERFORMANCE AND PAYMENT BONDS. Developer shall require its contractor far the construction of the project, before beginning the work, to execute to Developer and the City a performance bond if the contrac# is in excess of $100,000, and a payment bond if the contract is in excess of $25,000. The performance and payment bond must comply with Texas Government Code, Chapter 2253, and must be in the form and substance as attached to this Agreement. Page 3 of 6 Cabaniss Acres Watar Distribution Main Extension Constr and Reimb Agreement -- RJR 04182008.doc 10. NOTICE. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party at the following address: 1. If to the Developer: AEP Texas Central Company 539 N. Carancahua Street Corpus Christi, Texas 78478 ATTN: Manager Real Estate Asset Management 2. If to the City: City of Corpus Christi 1201 Leopard Street (78401) P. O. Box 9277 Corpus Christi, Texas 7$4fi9 ATTN: Assistant City Manager Development Services b. Should Developer fail to perform any obligation or duty of this Agreement, the City may give notice to Developer, at the address stated in subsection a of this section, of the need to perform the 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 performance to Developer. Developer shall pay to City the cost of performance within 30 days from the date Developer receives notice of the cost of performance. c. Notice required by the section must 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 breach after notice, the City may terminate this Agreement. d. The provision for notice and cure contained in this Agreement applies to a default under section 7 in this Agreement. 11. WARRANTY. Developer shall fully warranty the workmanship of and function of the 8-inch PVC distribution main extension and the construction the sanitary sewer collection line for a period of one year from and after the date of acceptance of the facilities by the City Engineer. 12. REIMBURSEMENT. a. The City will reimburse the Developer 100% of the cost of the 8-inch PVC distribution main extension, not to exceed $28,218.75. See Cost Estimate attached to this Agreement as Exhibit 3. Page4of6 Gabaniss Acres Water Distribution Main Extension Constr and Reimb Agreement -RJR 041$2008.doc b. The City will reimburse the Developer for expenses incurred for the preparation of plans and specifications for the 8-inch PVC distribution main extension by the professional engineer hired by the Developer. c. The City further agrees to reimburse the Developer on a monthly basis and upon invoicing for work performed. Reimbursements will be made no later than 30-days from the date of the invoice. Developer shall submit all required performance bonds and proof of required insurance under applicable laws. The City agrees to conduct periodic inspections and approve the progress of the work at key paints during construction. 73. 1NDEMNIFICATION. Developer shall indemnify and hold harmless the Cify, ifs 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 withouf limitation workers compensafion, personal injury or death, arising from or incidenf to this 8-inch PVC distribution main extension construction. 14. This Agreement is a covenant running with the land, Cabaniss Acres, No. 2, Lot 4 in Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. 15. DfSCLOSURE 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 to this Agreement 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. EXECUTED IN DUPLICATE originals, this C~~day of , 2008. ATTEST: CITY OF CORPUS CHRISTI By: Armando Chapa orge K. Noe City Secretary ity Manager ,~°~~~~~~{~ Au'CNORI~kc~ !1T CCItI~CIL a S~[ 3,~ ~, $ e. ~.... , . y .........,., 5~~~~~~ Page 5 of 6 Cabaniss Acres Water Distribution Main Extension Cons#r and Reimb Agreement -- RJR Q4182008.doc APPROVED: ~ day of , 2008 By: R. J inin First Assista t City Attorney for the City Attorney THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 20x8, by George K. Noe, City Manager, City of Corpus Christi, Tex a exas home-rule m icipal torpor t n, behalf of the corporation. ,~,~~',~"~,~h. CoNNI~ PARKS N ary Public, State of Texas ~~ ~~ MY COMMlS8lOI~E1(PlRE8 IVl~vembAr9, 2gi1 '%~~,~ ~ DEVELOPER: THE STATE OF c~.i.~ COUNTY OF ~.~.~...-. AEP Texas Central Company ay: z o~ Roy .Strawser Manager Real Estate Asset Management This instrument was acknowledged before me on ~ a.3 , 2Q08, by Roy A. Strawser, Manager, Real Estate Asset Managemen ,AEP Texas Central Company, on behalf of the company. ~w Not Public, to of o. lISJ4~FptA * ~SdiedOhb ~+h~~N Page 6 of 6 Cabaniss Acres Water Qistribution Main extension Constr and Reimb Agreement -- RJR 04i82008.doc GRAPH[C SCALF 200D f000 0 2000 ~r LaCATI~N MAP NUECES COUNTY, TEXAS Exhibit 1 " ~~Hr'l~ ~rr~~i ~~ LOCATION MAP CABANISS ACRES N0. 2, LOT 4 WATER SYSTEM IMPROVEMI=NTS AVERS ST. do ONSITE LOOP CORPUS CHRISTI SffiiVICE CSNTER CD6/Mxr~S~~s Engineering ~ SurPeying a+t woe a~. sw~ ram ~u Hm :io-~n-~nc Council Agenda-E.oealion IJaµdxg C~S/Mu~P°c~s ~ngtneerfng 6r 8urveyfng ~+s iros ae. .. tw irAr4 iwu irtp :lNp-mi F:\10705D\f]IHlBIFS\Cit~r Couneel Agenda-1otaGan IAop.dwg ___ _ Cabaniss Acres No. Z Lot 4 __~ ~, Water System Improvements ' 1A ~ Water Line I ' -- 1 8" PVC Pipe, Class 150, DR 18 405 LF $ 35.00 $ 14,175.00 2 8" 45 Bend, DI 1 EA $ 425.00 $ 425.00 3 Fire H Brant Assembi 2 EA $ 3,700.00 $ 7,400.00 4 Water Tie-In 1 EA $ 2,750.00 $ 2,750.00 5 Traffic Control 1 LS $ 1,500.00 $ 1,500.00 7 Engineering Fees(7.5%} ,t -~-: .. t .~ .. , -~ , ~ . ~ a,.~ ~ :... ~ ~ . ..: .. i 1 , . !, EA $ 1,968.75 $ 1,968.75 $ 28,218.75 -.- - ~~.~., 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. !f the question is not applicable, answer with "NA". FIRM NAME ~~/~ T,cxA.( C~~/T~L G~D~i~%~~~ STREET: ~~~v ,vG~ /!u/}- CITY:~~Q„/~ctfCh~2C!/, ~ ZIP; 7~ 7 FIRM is: 1. Corpora#ion .IG 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 interes#" constituting 3% or mare of the ownership in the above named "firm". Name Job Title and City Department (if known) ~///~ 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 r/ /~- 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 ~~ 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked en 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 ~~~~ CERTIFICATE I 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 information requested; and #hat supplemental statements will be promptly submitted to the City of Corpus Christi, T~e/xJas ors c~hanges~ occur. ` Certifying Person:' _. D ~ h`F c.} 7i1~,u-f ~f-e2 _Title:~/~-Nr~e~ /~T~L~ (Type or Print) Signature of Certifying Person: Date: T~/D~ Exhibit 4 Page 1 of 2 AN ORDINANCE APPROPRIATING $2$,298.75 FROM THE NO. 4030 WATER DISTRIBUTION MAIN TRUST FUND TO REIMBURSE AEP TEXAS CENTRAL COMPANY FOR THE INSTALLATION OF 405 LINEAR FEET OF 8-INCH PVC WATER DISTRIBUTION MAIN FOR DEVELOPMENT OF CABANISS ACRES NO. 2, LOT 4, AS SPECIFIED IN THE DISTRIBUTION MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT; AND DECLARING AN EMIERGENCY. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 7. That $2$,218.75 is appropriated from the No. 4030 Water Distribution Main Trust Fund to reimburse AEP Texas Central Company for the installation of 405 linear feet of 8-inch PVC water distribution main, as specified in #I,e Distribution Main Extension Construction and Reimbursement Agreement, for Cabaniss Acres No. 2, Lot 4, located near State Highway 28fi. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administra#ian of City affairs and suspends the Charter rule #ha# requires consideration of and voting upon ordinances at two regular meetings so tha# #his ordinance is passed and shall take effect upon first reading as an emergency this the 13~" of May, 2008. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI H my Garr Mayor APPROVED as to form: May 5, 2008 By: R a Reini first Assistant City Attorney For City Attorney 02'7082 H:ILEGDIRISharedUaylAganda1200815-13tORD-Approp-AEP-CabanissAcres-waler.doc Page 2 of 2 Corpus Christi, Texas ~l ~` Day of , 20(}$ TO THE MEMBERS OF THE CITY COUNCIL Corpus Chris#i, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: llwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully: enry Garr Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell L Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez ~ ~~ L Michael McCutchon ~(~ oz~ss~ Fi:1LEG-D1R15haredVaylAganda1200B15-1310RD Approp-AEP-CabanissAcres-water.dac