HomeMy WebLinkAboutC2010-054 - 3/30/2010 - ApprovedDistribution Main Extension Construction
and Reimbursement Agreement Between
Alan Davis and City of Corpus Christi
DISTRIBUTION MAIN EXTENSION CONSTRUCTION
AND REIMBURSEMENT AGREEMENT
THE STATE OF TEXAS §
COUNTY OF NUECES §
This Distribution Main Extension Construction and Reimbursement 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 Alan Davis, 8523 Thackery Street, Dallas,
Texas, 75225 ("Developer").
WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat,
approved by the Planning Commission on May 27, 2009, to develop a tract of land of
approximately 0.46 acres called Carroll Lane Park Unit 2, Block 8, Lot 4A, located south of
South Staples Street and east of Carroll Lane, as shown in the attached Exhibit 1;
WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of
Distribution Main Extension;
WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the
Developer's costs for the construction of Distribution Main Extension;
WHEREAS, it is to the best interest of the City that Distribution Main Extension, be constructed
to its ultimate capacity under the Master Plan;
WHEREAS, Section V.B.5.f.)(2) of the Platting Ordinance, authorizes the acceptance of
applications to be eligible for reimbursement in the future when funds become fully available in
the Distributions Mains Trust Fund and are appropriated by City Council; and
WHEREAS, Developer has submitted an application for reimbursement of the costs of installing
the Distribution Main Extension (Exhibit 2);
NOW, THEREFORE, for and in consideration of the mutual covenants in this Agreement, the
parties do covenant and agree as follows:
1. REQUIRED CONSTRUCTION.
The Developer shall construct the Distribution Main Extension, in compliance with the City's
Platting Ordinance and under the plans and specifications approved by the Development
Services Engineer.
2010-054
M2010-068
03/30/10 Page 1 of 8
Davis, Alan ~NQG/~i~
Distribution Main Extension Construction
and Reimbursement Agreement Between
Alan Davis and City of Corpus Christi
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 Distribution
Main Extension, as shown in Exhibit 3, with the following basic design:
1. Install 184 linear feet of 6-inch PVC water distribution main line.
2. Install two (2) 6-inch gate valves with box.
b. The Distribution Main Extension must begin at the intersection of the alley and Carroll
Lane and extend to the east along the alley approximately 184 feet to the southwest
corner of Lot 4A, Block 8, Carroll Lane Park Unit 2.
c. The plans and specifications must comply with City Water Distribution Standards
Detail Sheets and Standard Specifications.
d. Before the Developer starts construction the plans and specification must be
approved by the City's Development Services Engineer.
3. SITE IMPROVEMENTS. Prior to the start of construction of the Distribution Main Extension,
Developer shall acquire and dedicate to the City the required additional utility easements
("Easements"), if necessary for the completion of the Distribution Main Extension. If any of the
property needed for the Easements is owned by a third party and Developer is unable to acquire
the Easements through reasonable efforts, then the City will use its powers of eminent domain
to acquire the Easements.
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 for the area of the Distribution Main
Extension.
5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer shall award a
contract and complete the Distribution Main Extension, under the approved plans and
specifications, by December 31, 2010.
6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract.
7. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in
performing their duties or obligations under this Agreement. If this Agreement calls for review or
inspections by the City, then the City's reviews or inspections must be completed thoroughly
and promptly.
8. DEFAULT. The following events shall constitute default:
a. Developer fails to engage a professional engineer for the preparation of plans and
specifications by the 10th calendar day after the date of approval by City Council.
b. Developer's professional engineer fails to submit the plans and specifications to the
City's Director of Engineering Services by the 60th calendar day after the date of
approval by City Council,
Page 2 of 8
Distribution Main Extension Construction
and Reimbursement Agreement Between
Alan Davis and City of Corpus Christi
c. Developer fails to award a contract for the construction of the project, according to the
approved plans and specifications, by the 90th calendar day after the date of approval
by City Council.
d. Developer's contractor does not reasonably pursue construction of the project under
the approved plans and specifications.
e. Developer's contractor fails to complete construction of the project, under the
approved plans and specifications, on or before December 31, 2010.
f. Either the City or Developer otherwise fails to comply with its duties and obligations
under this Agreement.
9. NOTICE AND CURE.
a. In the event of a default by either party under this agreement, the non-defaulting party
shall deliver notice of the default, in writing, to the defaulting party stating, in detail the
nature of the default and the requirements to cure such default.
b. After delivery of the default notice, the defaulting party has 15 business days from the
delivery of the default notice ("Cure Period") to cure the default.
c. In the event the default is not cured by the defaulting party within the Cure Period,
then the non-defaulting party may pursue its remedies in this section.
d. 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.
e. In the event of an uncured default by the Developer, after the appropriate notice and
cure period, the City has all its common law remedies and the City may:
1. Terminate this Agreement after the required notice and opportunity to cure the
default.
2. Refuse to record a related plat or issue any certificate of occupancy for any
structure to be served by the project.
3. Perform any obligation or duty of the Developer under this agreement and
charge the cost of such performance to Developer. Developer shall pay to City
the reasonable and necessary cost of the performance within 30 days from the
date Developer receives notice of the cost of performance. In the event that
Developer pays the City under the preceding sentence, and is not otherwise in
default under this Agreement, then the Agreement shall be considered in effect
and no longer in default.
f. In the event of an uncured default by the City after the appropriate notice and cure
period, the Developer has all its remedies at law or equity for such default.
Page3of8
Distribution Main Extension Construction
and Reimbursement Agreement Between
Alan Davis and City of Corpus Christi
10. FORCE MAJEURE.
a. The term "force majeure" as employed in this Agreement means and refers to acts of
God; strikes, lockouts, or other industrial disturbances; acts of public enemies;
insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes;
storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other
causes not reasonably within the control of the party claiming the inability.
b. If, by reason of force majeure, either party is rendered wholly or partially unable to
carry out its obligations under this Agreement, then the party shall give written notice of
the full particulars of the force majeure to the other party within ten (10) business days
after the occurrence or waive the right to claim it as a justifiable reason for delay. The
obligations of the party giving the required notice, to the extent affected by the force
majeure, are suspended during the continuance of the inability claimed, but for no longer
period, and the party shall endeavor to remove or overcome such inability with all
reasonable dispatch.
11. NOTICES.
a. Any notice or other communication required or permitted to be given under this
Agreement must be given to the other Party in writing at the following address:
1. If to the Developer:
Alan Davis
P. O. Box 1777
Aransas Pass, Texas 78335
2. If to the City:
City of Corpus Christi
1201 Leopard Street (78401)
P. O. Box 9277
Corpus Christi, Texas 78469
ATTN: Assistant City Manager
Development Services
b. 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.
c. Either party may change of address for notices by giving notice of the change under
the provisions of this section.
12. 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 must provide that the
City is a third party beneficiary of each contract.
13. PERFORMANCE AND PAYMENT BONDS. Developer shall require its contractor for the
construction of the project, before beginning the work, to execute with Developer and the City a
Page 4 of 8
Distribution Main Extension Construction
and Reimbursement Agreement Between
Alan Davis and City of Corpus Christi
performance bond if the contract 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.
14. WARRANTY. Developer shall fully warranty the workmanship of and function of the
Distribution Main Extension and the construction of the Distribution Main Extension for a period
of one year from and after the date of acceptance of the facilities by the City Engineer.
15. REIMBURSEMENT.
a. Subject to the appropriation of funds, the City will reimburse the Developer 50% of the
reasonable cost of the Distribution Main Extension, not to exceed $8,901.65. See
attached cost estimate (Exhibit 4).
b. The City agrees to reimburse the Developer on a monthly basis upon invoicing for
work performed. The reimbursement 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 the provisions of this Agreement.
c. To be eligible for reimbursement, the work completed in a good and workmanlike
manner, and must have been inspected and accepted by the City. The City agrees to
conduct periodic inspections and approve the progress of the work at key points during
construction.
d. In the event that this Agreement is terminated by the City at a time when there has
been a partial completion and partial payment for the improvements, then the City shall
only reimburse Developer for its costs that were legitimately incurred towards the
completion of the improvements that have been inspected and accepted by the City up
to the time that there is an uncured default by the Developer.
16. INDEMNIFICATION. Developer shall indemnify and hold harmless the City, its agents,
officers, and employees ("Indemnitees") 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 the construction of the
Distribution Main by Developer.
17. COVENANT RUNNIG WITH THE LAND. This Agreement is a covenant running with the
land, Carroll Lane Park Unit 2, Block 8, Lot 4A, a subdivision in Nueces County, Texas, and
must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights,
and obligations of the Agreement are binding on and inure to the benefit of the Developer's
successors or assigns.
18. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may
not be assigned by Developer to another without the written approval and consent of the City's
City Manager.
19. DISCLOSURE OF OWNERSHIP INTERESTS. Developer further agrees, in compliance
with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of
Ownership interests form attached hereto as Exhibit 5.
Page5of8
Distribution Main Extension Construction
and Reimbursement Agreement Between
Alan Davis and City of Corpus Christi
20. EFFECTIVE DATE. 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 by all parties.
21. AUTHORITY. The person signing this Agreement on behalf of the parties represents,
warrants, and guarantees that they have authority to act on behalf of the party and make this
Agreement binding and enforceable by their signature.
EXECUTED IN TRIPLICATE originals, this ~ `"' _ day of Q~IG~ , 2010.
ALAN DAVIS (Owner/ Developer)
P.O. Box 177
Aransas Pass, Texas 78335
4
By:
Alan Davis
Owner/Developer
THE STATE OF TEXAS
COUNTY OF 4J~~c{~a
This instrument was acknowledged before me on f~~re-i~. 2~t-~ , 2010, by Alan Davis,
Owner/Developer, Carroll Lane Park Unit 2, Block 8, Lot 4A.
~~~~ _P ~_
Notary ublc, State of Texas
w,.•;.~"!w.",;~; HAYLEY E. THARPE
_ ~~ °= Notary Public, State of Texas
By ;~ My Commission Expires
'`~%.;;~'~ Apr1101, 2012
Page 6 of 8
Distribution Main Extension Construction
and Reimbursement Agreement Between
Alan Davis and City of Corpus Christi
CITY OF CORPUS CHRISTI ("City")
1201 Leopard Street (78401)
P.O. Box 9277
Corpus Christi, Texas 78469
ATTEST:
~ c~~,-~
Armando Chapa
City Secretary
THE STATE OF TEXAS
COUNTY OF NUECES
THE CITY OF CORPUS CHRISTI
c
' gel R. Escobar
ity Manager
This instrument was acknowledged before me on a ~ ~ , 2010, by 'Angel R.
Escobar, City Manager, City of Corpus Christi, Texas, a Texas home-rule municipal corporation,
on behalf of the corporation.
~_
Notary Publi State of xas
• "'~~: HOLLY HOUGHTON
i • • = MYCOMMISSIpNEXPIRES
,~~ Seplember24,2012
APPROVED AS TO FORM: ~ of ~c-~-~ , 2010
ll..~-
eborah W. Bro n
Assistant City Attorney
for the City Attorney
. ~' ~" ~ ~ AUTHORII.ED
SECRE~AR1'
Page 7 of 8
Distribution Main Extension Construction
and Reimbursement Agreement Between
Alan Davis and City of Corpus Christi
EXHIBIT 1
[Copy of Plat]
EXHIBIT 2
[Reimbursement Application]
EXHIBIT 3
[Map Showing Location of Infrastructure Improvements]
EXHIBIT 4
[Cost Estimate]
EXHIBIT 5
[Disclosure of Interest Form]
Page 8 of 8
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EXHIBIT 1
APPLICATION FOR DISTRIBUTION MAIN
CONSTRUCTION AND REIMBURSEMENT AGREEMENT
I, Alan Davis, owner and developer of proposed Carroll Lane Park Unit 2, Block 8, Lot
4A Subdivision, hereby request reimbursement of $8,597.59 for the installation of the water
distribution main in conjunction with Carroll Lane Park Unit 2. Block 8, Lot 4A subdivision, as
provided for by City Ordinance No. 17092. Said $17,195.18 is the construction cost, including
Engineering, in excess of the lot/acreage fee, as shown by the cost supporting documents
attached herewith.
t
(~~- ~ ~ `~'~~ t ~
Alan Davis, Owner (Date)
THE STATE OF TEXAS
COUNTY OF SAN PATRICIO §
This instrument was acknowledged before me on ~ 1~~~ !~ , 2010,
by Alan Davis.
ERf~~LINDA ALVARADO .~ ~
~~~~ Nota~~y Public. S±ate o~ Texas
~`-'`~ '~"Y' Corr;~oission expires 4-30-2011 Notary Public in and for the State of Texas
~•_~
CERTIFICATION
The information submitted with this application for reimbursement has been reviewed
and determined to be correct. Reimbursement is subject to:
(a) sufficiency of funds in the Distribution Main Trust Fund, and
(b) appropriation and approval by he City Council.
~!~, ~ ~~ ~ z~ fv
Development rvices Engineer (Date)
APPLICATION FOR WATERLINE CREDIT
I, Alan Davis, owner and developer of proposed Carroll Land Park Unit 2, Block 8, Lot 4A
Subdivision, hereby apply for $608.12 credit towards the water lot/acreage fee for the installation of
the distribution main waterline as provided for by City Ordinance No. 17092. $17.803.30 is the
construction cost, including 10% Engineering, as shown by the cost supporting documents attached
herewith.
t
/I'~C~C ~l ~ Q1 ~ ICJ i (~
Alan Davis, Owner (Date)
THE STATE OF TEXAS §
COUNTY OF SAN PATRICIO §
This instrument was acknowledged before me on ~`~ l~ , 2010,
by Alan Davis.
~d Er~~~~,~L6~6~A ALVA~AD~ ~~~SL~C~./L~
Y~F f'JC.tar~ Pui}iic, State of Texas
,~ (~I'~ ~G1 E11'~"i`l'"~ i n~)'r°S ~ ~~-~(~~i1 ;
No ary Public in and for the State of Texas
CERTIFICATION
The information submitted with this application has been reviewed and determined to be
correct and a credit of $608.12 is here ith approved.
~ ~~L 3 2 ~
Development S 'ces Engineer (Date)
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EXHIBIT 3
CARRQI,L LA#*#E PARK t1N#T 2, BLOCK Sy LOT 4A 02!2312010
CC3ST E=ST)MATE
WATER IIaAPRO~EMEMS
t7EM #TEM ~DESCRIP7#O~! QTY UIVrIT UN#T PR#CE AMOUNT
~ Z" TYPE K COPAER 7'UB#NG 21 LF 32:00 672,00
2 6° PVC PlP~ 1$q LF 21..50 3,956:00
3 6" MJ ~# EL 3 EA 375.00 1,125:00.
4 8" LATE VALE WIBOK 2 EA 750.00 '~ ,500.00
5 PATOH CUNCRETE 13RIj1E 1 LS 400.00 400.00
6 NE W 2" WATER SERa/ICE 1 EA 750.00. 75(}:00
7 6" ICJ CAP Wi2° TAP 1 EA 500.00 500.00
TRAFFIC sGORITROL Dl#R#NG COI?iSTRUCT#ON 1 LS 350.00 350.00.
9 REMOVE 4' SEGA+IEN'T OF 6" OR 2" ~h1U
#~ROIIILI= .2" !GAP ~ LS 600.00 4fl0.00
10 2" TEE CUT 1N 1 EA 500.00. 500.00
ti PATG1-f WATEFtLII~E CU7S WlTF ~4" ~GALICI-IE ~ LS 500.00 6#):0.00_
SUBTOTAL CONSTRUCTION 10,953.00
10% CONTINGENC#ES 1,095,30
SURI~EYING & ENGFIVEERIIVG 5,755.00
TOTAL. 3 77,803.30
1IVATER ACREAGE FEE CREQIT $608:12
TOTAL $1.7,1.95.18
50°~ REIMBURSEMENT $$,597.59
EXHIBIT 4
-~ - ~ 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 / X A S ~[5~~ ~i ~-p ~~ ~fYl iwe~ , L-~- .~ • __
STREET: ~~~~ 1777 CITY: ~PATISAS ~ ~ ZIP: 7833
FIRM is: 1. Corporation ~ 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 interest"
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
ltd ~A-
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
ly l ~
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°k or
more of the ownership in the above named "firm".
Name Consultant
Nl~
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: ~+ ~~~ r~J.pYIS Title: ~/"@S Tk~~cx~ ~~~e~J~ ~..L,L.
(Type or Print)
Signature of Certifying Person: 2 ~~ Date: ~IQ,ICK /7~2d / o
�.S
ORIGINAL
Distribution Main Extension Construction
and Reimbursement Agreement Between
Alan Davis and City of Corpus Christi
DISTRIBUTION MAIN EXTENSION CONSTRUCTION
AND REIMBURSEMENT AGREEMENT
THE STATE OF TEXAS §
COUNTY OF NUECES §
Dock 2010012091
This Distribution Main Extension Construction and Reimbursement 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 Alan Davis, 8523 Thackery Street, Dallas,
Texas, 75225 ( "Developer ").
WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat,
approved by the Planning Commission on May 27, 2009, to develop a tract of land of
approximately 0.46 acres called Carroll Lane Park Unit 2, Block 8, Lot 4A, located south of
South Staples Street and east of Carroll Lane, as shown in the attached Exhibit 9;
WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of
Distribution Main Extension;
WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the
Developer's costs for the construction of Distribution Main Extension;
WHEREAS, it is to the best interest of the City that Distribution Main Extension, be constructed
to its ultimate capacity under the Master Plan;
WHEREAS, Section V.13.5.f.)(2) of the Platting Ordinance, authorizes the acceptance of
applications to be eligible for reimbursement in the future when funds become fully available in
the Distributions Mains Trust Fund and are appropriated by City Council; and
WHEREAS, Developer has submitted an application for reimbursement of the costs of installing
the Distribution Main Extension (Exhibit 2);
NOW, THEREFORE, for and in consideration of the mutual covenants in this Agreement, the
parties do covenant and agree as follows:
'l. REQUIRED CONSTRUCTION.
The Developer shall construct the Distribution Main Extension, in compliance with the City's
Platting Ordinance and under the plans and specifications approved by the Development
Services Engineer.
Page 9 of 8
ORIGINAL
0M 1�01$3012091
D Pages 15
04/0812 010 10 :29AN
Official Records of
NUECFS COUNTY
DIANA T. RARRERA
COUNTY CLERK
Fees $71.8H
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
MRNA T O RRRERA
Ni t;l.s MLNTY, Tuns
City of Corpus Christi
ry ; Development Services/
\` 1 7 Special Services
2406 Leopard, Suite 100
Corpus Christi, TX 78408
An yy provision herein which restricts the Sale, F
ental or use
of the described REAL PROPERTY because of Race,
Color
Religion, Sex, Handicap, Familial Status, or Plat
ional Origin
As invalid and u und F EDERAL -LAW,