HomeMy WebLinkAboutC2008-233 - 7/15/2008 - 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 (in this agreement
"City"), a Texas home-rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469-
9277, and Turner Industries Group, LLC, a Louisiana limited liability company, 2301
North Port Avenue, Corpus Christi, Texas 78401 (in this agreement "Developer").
WHEREAS, Developer in compliance with the City Platting Ordinance, filed a plat to
develop a tract of land of approximately 24.1 acres called Turner Industries Tract, Block
1, Lot 1, located south of IH 37 Access Road and east of Clarkwood Road, as shown in
the attached Exhibit 1;
WHEREAS, under the Platting Ordinance, the Developer is responsible for construction
of a 16-inch PVC arterial transmission main;
WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement
of the Developer's costs for the construction of a 16-inch PVC arterial transmission
main;
WHEREAS, it is essential that the 16-inch PVC arterial transmission main be
constructed along Clarkwood Road, in connection with Turner Industries Tract, Block 1,
Lot 1 for it will provide future service connections to the east and west;
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 16-inch PVC arterial transmission main needed for
Turner Industries Tract, Block 1, Lot 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 16-inch
PVC arterial transmission main, as shown in Exhibit 2, with the following basic
design:
1. Install 2,322 linear feet of 16-inch PVC arterial transmission main.
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M2008-172
Turner industries Groun
2. Install 17 linear feet of 8-inch PVC water main stub out.
3. Install 271 linear feet 6-inch PVC water main for fire hydrant leads.
4. Install 3 (three) 16-inch butterfly valves.
5. Install 8 (eight) 8-inch gate valves.
6. Install 3 (three) 6-inch gate valves and Boxes.
7. Install 1 (one) 16-inch plug and Cap.
8. Install 8 (eight) 16-inch x 16-inch x 16-inch tees.
9. Install 2 (two) 16-inch x 16-inch x 8-inch tees.
10. Install 1 (one) tie to existing 16-inch water transmission main.
11. Install 3 (three) waterline deflections.
12. Install 158 linear feet of 30-inch steel bore casing.
13. Install 7 (seven) fire hydrants.
14. Install 2,609 linear feet of OSHA trench protection.
b. The 16-inch PVC arterial transmission main will be constructed beginning at the
existing 48-inch water line previously installed by others on the south side of
Leopard Street and extend north, along the east side of Clarkwood Road
approximately 2,322 linear feet and connect to the waterline loop for Turner
Industries Tract, Block 1, Lot 1.
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 Development Services Engineer.
3. SITE IMPROVEMENTS
Prior to construction of the 16-inch PVC arterial transmission main, the Developer shall
acquire and dedicate to the City the required utility easement or right-of-way for the
installation of the 16-inch PVC arterial transmission 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.
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5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS.
Developer shall award a contract and include within the contract that the 16-inch PVC
arterial transmission main shall be constructed under the approved plans and
specifications and completed by July 31, 2009.
6. TIME IS OF THE ESSENCE.
Time is of the essence in the performance of this contract.
7. DEFAULT.
a. The following events 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 ~lans and
specifications to the City's Development Services Engineer by the 40 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 70`h 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 or before July 31, 2009.
b. In the event of default, the City has all its common law remedies in addition to the
following:
1. Cancellation of this reimbursement agreement without notice or cure.
2. Refusal to record plat(s) or issue any certificate of occupancy for any structure
to be served by the project.
8. FINANCIAL SECURITY.
Developer or its contractors shall deposit with the City security equal to 110% of the
estimated costs of the project before beginning the work. The estimated costs are set
out in Exhibit 3. The security may be in the form of a letter of credit issued by a bank in
Corpus Christi, Nueces County, Texas; payment and performance bonds; or cash. The
form and content of any letter of credit or bond must be acceptable to the City's Finance
Director and City Attorney. If performance and payment bonds are used, they must
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comply with Texas Government Code, Chapter 2253. The performance and payment
bond must name Developer and City as joint obligees.
9. NOTICE AND CURE.
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:
2. If to the City:
Turner Industries Group, LLC
2301 North Port Avenue
Corpus Christi, Texas 78401
ATTN: Regional Manager
City of Corpus Christi
1201 Leopard Street (78401)
P. O. Box 9277
Corpus Christi, Texas 78469
ATTN: Assistant City Manager
Development Services
b. 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 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 such performance to Developer by reducing the reimbursement
amount due Developer.
c. Developer shall pay to City the cost of such performance within 30 days from the
date Developer receives notice of the cost of such performance.
d. 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 City may terminate this agreement.
e. The provision for notice and cure contained in this agreement do not apply to a
default under paragraph 7 of this agreement.
10. WARRANTY.
Developer shall have contractor execute a warranty of the workmanship of and function
of the 16-inch PVC arterial transmission main and the construction of the transmission
main for a period of one year from and after the date of acceptance of the facilities by
the City Engineer. The warranty must be assigned and transferred to the City upon
completion of this project.
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11. REIMBURSEMENT.
a. The City will reimburse the Developer 100% of the cost of the 16-inch PVC arterial
transmission main, upon satisfactory completion and testing in compliance with
approved plans and specifications, and final acceptance not to exceed $363,626.02.
See Cost Estimate attached to this agreement as Exhibit 3.
b. The City will reimburse the Developer for expenses incurred for the preparation of
plans and specifications for the 16-inch PVC arterial transmission main by the
professional engineer hired by the Developer.
12. INDEMNIFICATION. 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 without limitation workers
compensation, personal injury or death, arising from or incident to
this 16-inch PVC arterial transmission main construction.
13. COVENANT RUNNING WITH THE LAND. This agreement is a covenant running
with the land, Turner Industries Tract, Block 1, Lot 1, a subdivision in Nueces County,
Texas, and must 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 to this agreement
as Exhibit 4.
15. EFFECTIVE. This agreement becomes effective and is binding upon and inures 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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Turner Industries 16-inch Trans Main Reimbursement Agreement rjr 7-9-2008
EXECUTED IN DUPLICATE originals, this day of ~, 2008.
ATTEST: CITY OF CORPUS CHRISTI
By:
Armando Chapa Ge rge K. Noe
City Secretary City Manager
APPROVED: 1.~ day of ~/~ ~Y , 2008
By:
R. Ja einly~
Firs Assistant City orney
for the City Attor ey
THE STATE OF TEXAS
COUNTY OF NUECES
!tY ~OUR(`.IL. S ~
-~......1~..:G ~
sEdta~rtr
This instrument was acknowledged before me on , 2008, by
George K. Noe, City Manager, City of Corpus Chris exas, a exas home-rule
municipal corporation, on behalf of the corporation.
Notary Public, State of Texas
~~ MYC~ PIRES
~~perg,2011
i.
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Turner Industries 16-inch Trans Main Reimbursement Agreement rjr 7-9-2008.doc
DEVELOPER:
Turner Industries Group, L.L.C.
By:
Joh hesk
Senio ice res nd
Regional Manager
THE STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me on Julv 10th , 2008, by
John M. Golasheskv, Senior Vice President, Regional Manager, Turner Industries
Group, L.L.C., a Louisiana limited liability company, on behalf of the company.
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Notary Public, State of Texas
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Exhibit 2
Eng: Murray F. Hudson, P.E. Engineers Cast EsBmate June 25 2008
Client: Tumor Industries Publ(c InfresWClure Improvements Job No. 40821.A7.00
By: agr 16" Trenmission Main
Tumor Induabies Tract,
frock 1, Lot 1
Corpus ChrisO, Tezas
ITEM OESCRIPTION QUAN. UNIT UNIT TOTAL
PRICE CO8T
PUBLIC INFRASTRUCTURE REIMBURSEME NT,
A. W
1 alerBnelm ravemenre:
10"PVC C90 T[anamission Main
2 211
LF
$59:00
$730,449.00
2 B"PVG-C-900 17 LF - .W 5425.00
3 6"PVC. C-900 258 LF $35:00 59,030.00
4 18"Bu6e Velva 2 EA $4,110.00 58,220.00
5
B 8"and 8" Cate VaNre
18"Po andEa 8
1 EA
EA $775:00
00.00 $6200.00
$400.00
7 8"Pfu and Ca- 1 EA $215.00 ..$215.00
6 18'k18x8"Tee 8 EA S79B:00 .380:00
9
10 18k18'k8"Tee
Tre to Fads4 Watedfne 16" Trenamisaion Main 2.
1 F.A
FA $635.00
$25,500:00 1 70.00
$25500:00
11
12 WatedineDefledicrt
30" Steal BOre Casl 3
150 EA
LF $2,750.00
$325.00 $8;250.00
$48750,00'
73 FIre dram 7 EA $2025.00 514,176.00-
WAT ERSUB-7OTAL• - $259,1144.00
CO NTING ENCIES 10%t $2x964.40
D. ENG
1
INEERINOAND ADMINISTRATION:
Yra - 8% TOTAL CONSTR UCT/ON COST: $285-008.40
522,848.BZ
-
2
3 To ra hic Su - -
Construdidn Su - 3% ~•~
•~
$8,6882b
TOTAL AO AllNISTRATlON: $33,41&92
GR A TOt L• 1 5.32
Urban Enginaedng
2723 3wanmer
Corpus ChdsO, TX 78404
1-361A54-3101
Exhibit 3
loft
'-_~ 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: TURNER INDUSTRIES GROUP L L C
STREET: 3850 Pasadena Blvd. CITY: Pasadena. Texas ZIP: -77503
FIRM is: 1. Corporation 2. Partnership 3. Sole Owner 4. Association -
5. Other a Limited Liability Company
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 TiOe 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
N/A
3. State the names of each "board member" of the City of Corpus Christ) having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm".
Name Board, Commission or Committee
N/A
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
N!A
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 that supplemental statements will be promptly submitted to
the City of Corpus Christi, Texas as changes occur.
Certifying Person: John M Golasheskv Title: Sr. Vice President
Signature of Certifying Person: Date: July 3 2008 Ezfi~4
d °
]hoc# 20 08036759 1
11'
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 (in this agreement
"City "), a Texas home -rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469-
9277, and Turner Industries Group, LLC, a Louisiana limited liability company, 2301
North Port Avenue, Corpus Christi, Texas 78401 (in this agreement "Developer ").
WHEREAS, Developer in compliance with the City Platting Ordinance, filed a plat to
develop a tract of land of approximately 24.1 acres called Turner Industries Tract, Block
1, Lot 1, located south of IH 37 Access Road and east of Clarkwood Road, as shown in
the attached Exhibit 1;
WHEREAS, under the Platting Ordinance, the Developer is responsible for construction
of a 16 -inch PVC arterial transmission main;
WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement
of the Developer's costs for the construction of a 16 -inch PVC arterial transmission
main;
WHEREAS, it is essential that the 16 -inch PVC arterial transmission main be
constructed along Clarkwood Road, in connection with Turner Industries Tract, Block 1,
Lot 1 for it will provide future service connections to the east and west;
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 16 -inch PVC arterial transmission main needed for
Turner Industries Tract, Block 1, Lot 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 16 -inch
PVC arterial transmission main, as shown in Exhibit 2, with the following basic
design:
1. Install 2,322 linear feet of 16 -inch PVC arterial transmission main.
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Turner Industries 16 -inch Trans Main Reimbursement Agreement rjr 7- 9- 2008.doc
(RiiVINAL
STATE OF TEXAS
COUNTY OF NUECES
1 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
DIANA T BARRERA
NUECES COUNTY, TEXAS
Any For herein which restricts the Sale, R
en a or use
of the described REAL PROPERTY because of Race,
Color
Religgion Sex, Handicap, Familial Status,.or Nat
ional Origgin
is inaalid and unenforceable under FEDERAL LAW,
3112/89.
Doc# 2008036759
# Pages 12
08/14/28508 10:49AM
Official Records of
NUECES COUNTY
DIANA T. BARRERA
COUNTY CLERK
Fees $59.00
City of Corpus christl
[Development Services/
Special Services
2406 Leopard, Suite 1 oo
Corpus Christi, TX 78408