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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. 1 of 7 2008-233 0'J/1$/0$ n Reimbursement Agreement rjr 7-9-2008.doc 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. 2 of7 Turner Industries i6-inch Trans Main Reimbursement Agreement ryr 7-9-2008.doc 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 3 of7 Turner Industries 16-inch Trans Main Reimbursement Agreement rjr 7-9-2008.doc 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. 4 of7 Turner Industries 16-inch Trans Main Reimbursement Agreement rjr 7-9-2008.doc 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. Sof7 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. 6 of7 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. 6~.~~~ Notary Public, State of Texas !_ ~pRY pG.9~ i `:O A ~ iz 9~'~V h ~..~ ~F 7E't'P : ~ 3 7of7 Turner Industries 16-inch Trans Main Reimbursement Agreement rjr 7-9-2008.doc ~~ ~ < .~ c Z w om Y ~N/ f ~_ LL q^ O r X~oY ~~Wm ~_. m i ... W Wi ;~~a Z o U q nI 00 LL 7 iS~N r ~ ~Z U ~^ Oo _ _ oo W g$ Z'o N R ; w ® "W m Q o~ ~ ~~.,.._ O ~s nu ~~ ~ ~ -~an ~> _ ib ,. , do , ' ~z. ~ ~£ ,,,,` ~ ado . , , G~ L ` a~~ )aa~~S N ~' pJD aOa _' V ) -- Q, ~ ~ _ ~ - - ` r o 0 0 ~ o ~ c ~ ^~ W o °' ~ ~, M o ~ 3 L rF J H ~ U - ~ ~~v' _.. - O o- ., ~ R ~ m o _.._..._ _... V M _ ~ / / N ~ ` r Exhibit 1 r ~~a b~ s~~' tD fO r-~ ~~~ . ,'~ ~, ~~/~ ~~ v~ . "_' °~~ H~ ~ 1 4 ~ _ 'a I ~ `+~ ~ w w~ ~ ~I I a~ ~ ' i ~. 0 I ( ~ oa Q ~ i ~ -1 Q ' ~ ~1 f ~~ :~ ~,. ii E J ~ ~ ~~.~" :F °~- ~' r ~ •~ ~;.~~~ ~ ,~ ~ ~~ '~ > ~ a < {~ {I a F- ~~ag ~Z ~~~N 1 ZLLZ w~~ v~ F 3 ~- ~ ~ i ~ ,\ Q~ \. ~ ~`~ D g Z C7 ~ ~\ i1t <~~ ~ ~ ~~ y,~ i ~ ~D 1 I ~~ I \`` \ ~~ MQF 1 gya: °s~ £~~ ~ ~~ ~¢°s3 ~2`i4'6 K~~B~ ~~~ gs ~„ ~ r ~1 O A €ga o -o ~?~v ~6p9 ~o 0 6L~ d its std stn 0 ®m~ a. ~x a 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. 1 of 7 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