HomeMy WebLinkAboutC2010-149 - 5/18/2010 - Approvedpots 2~i~J~l1~'321
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Off icinl R~~cnrds of
GRIf7 MAIN EXTENSION CD~~RA
AN^ REfMBURSEMENT A~f~ftiifEH~
Fees '~7q.0O
THE STATE OF TEXAS §
COUNTY OF NUECES §
This Grid Main Extension Construction and Reimbursement AGREEMENT
{"AGREEMENT"} is entered into between the CITY of Corpus Christi ~"CITY"}, a
Texas Home-Rule Municipality, P.O. f3ox 9277, Corpus Christi, Texas, 78459-
827?, and N.M. Edificios, LLC, {"DEVELOPER"}, 3949 North McColl Road,
McAllen, Texas, 78591.
WHEREAS, ^EVELOPER in compliance with the CITY Platting Ordinance, has
filed a plat, approved by the Planning Commission on November 11, 2999, to
develop a tract of land of approximately 32.41 acres called L & F Subdivision Lot
1 located on State Highway 44, west of Bockholt Road and east of Clarkwood
Road, as shown in Exhibit 1, attached;
WHEREAS, under the Platting Ordinance, the DEVELOPER is responsible far
construction of Grid Main Extension;
WHEREAS, under the Platting Ordinance, the ^EVELOPER is eligible for
reimbursement of the DEVELOPER's costs for the construction of Grid Main
Extension;
WHEREAS, it is tv the best interest of the CITY that Grid Main Extension, be
constructed to its ultimate capacity under the Master Plan;
WHEREAS, Resolution No. 926869 authorized the acceptance of applications to
be eligible for reimbursement in the future when funds are fully available in, and
are appropriated by the City Council, from the Grid and Arterial Transmission
Mains Fund as per Platting Ordinance, Section V.8.5.f}(1 }[ii.}[4}; and
WHEREAS, DEVELOPER has submitted an application for reimbursement of the
cysts of installing the Grid Main Extension, see Exhibit 2, attached;
NOW, THEREFORE, for and in consideration of the mutual covenants in this
AGREEMENT, the parties do covenant and agree as follows:
1. REt~l1lRED CONSTRUCTION
The ^EVELOPER shall construct the Grid Main Extension, in compliance with
the CITY`s Platting Ordinance and under the plans and speciFicativr~s approved
by the Development Services Engineer.
2010-149
M2010-112
05118/10
N. M. Edif civs, LLC
INDEXED
Grid Main Cnns[. & Rmbnnt. Agreemen!
N.M. Edifldns and fhe G'sty
Page 2 of 8
2. Pt..ANS AND SPECIFICATIONS
a. The DEVELOPER shall contract with a professional engineer, acceptable t^
the CITY's Development Services Engineer, to prepare plans and specifications
for the Grid Main Extension, as shown in Exhibi# 3, with the following basic
design:
1. Install 5479 linear feet of 12-inch PVC water Grid main line.
2. Install 174 linear feet of 18" Bvre & Casing.
3. Install 55 linear feet of 12" Bore.
4. Install eight ~8} 12-inch gate valves.
5. Install ten ~1t7} Fire hydrant assemblies.
6. install 12" x 1 Z" Tapping Sleeve and Valve
7. Install one pavement repair
b. The Grid Main Extension must begin at the intersection of Clarkwvod Rvad
and the south side of State Hwy. 44 Extending eas# along the south right-of--way
of State Highway 44 tv the intersection of Buckhvlt Road then extending south
along the east right-vf--way of Buckhvlt Road, far a total of approximately 5479
linear feet tv an existing fire hydrant assembly.
c. The plans and specifications must comply with CITY Standard Wastewater
Detail Sheets and Standard Specifications.
d. Before the ^EVELOPER starts construction the plans and specification mus#
be approved by the CITY's Development Services Engineer.
3. SITE IMPROVEMENTS.
Prior to the start of construction of the Grid Main Extension, DEVELOPER shall
acquire and dedicate to the CITY the required additional utitity easements
~"Easements°}, if necessary for the completion of the Grid Main Extension. If any
of the property needed for the Easements is awned by a third party and
DEVELOPER is unable tv acquire the Easements through reasonable efforts,
then the CITY will use its powers of eminent domain tv acquire the Easements.
4. PLATTING FEES.
^EVELOPER 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 Grid
Main Extension.
Grid Main Canst. ~ Rmhrmt. Agreement
N.M. EdifiCiOS and the Ciiy
Page 3 of 8
5. ^EVEL~PER AWARD CONTRACT FOR IMPROVEMENTS.
^EVELOPER shall award a contract and complete the Grid Main Extension,
under the approved plans and specifications, by June 3d, 2011.
ti. TIME 1S CE THE ESSENCE.
Time is of the essence in the performance of this contract.
T. PROMPT AN^ GQO^ 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 promptiy.
$. ^EFAULT.
The fallowing events shall constitute default:
a. ^EVELOPER fails tv engage a professional engineer for the preparative of
plans and specifications by the 1 dth calendar day after the date of approval by
City Council.
b. DEVELOPER's professional engineer fails to submit the plans and
specifcations to the CITY`s Director of Engineering Services by the St7th
calendar day after the date of approval by City Council.
c. ^EVELGPER fails to award a contract for the construction of the project,
according to the approved plans and specifications, by the 9ath calendar day
alter the date of approval by City Council.
d. DEVELOPER'S contractur does not reasonably pursue constructive of the
project under the approved plans and specifications.
e. ^EVELOPER's contractor faits tv complete construction of the project, under
the approved plans and specifications, on or before June 3~, 2U11.
f. Either the CITY ar 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 nvn-
defaulting party shall deliver notice of the default, in writing, to the defaul#ing
party stating, in detail the nature of the default and the requirements to cure such
default.
Grid Main Const. & Rmhrrnf. Agreement
N.l4f. EditiC€as and the City
Page d of $
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. !n 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 ^EVELOPER fail tv pertorm any obligation or duty of this
AGREEMENT, the CITY shall give notice to ^EVELGPER, at the address stated
herein, of the need to perform the obligation or duty, and should DEVELOPER
fail to perform the required obligation yr duty within 15 days of receipt of the
notice, the CITY may pertorm the obligation or duty, charging the cast of such
pertormance to DEVELOPER by reducing the reimbursement amount due
^EVELOPER.
e. In the event of an uncured default by the ^EVELGPER, 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 ^EVELgPER under this
AGREEMENT and charge the cost of such performance to ^EVELQPER.
DEVELOPER shall pay to CITY the reasonable and necessary cost of the
performance within 3[] days from the date DEVELOPER receives no#ice of
the cost of performance. In the event that ^EVELOPER pays the CITY
under the preceding sentence, and is not otherwise in default under this
AGREEMENT, tttien the AGREEMENT shall be considered in effec# and
nv longer in default.
f. to 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 far such
default.
1Q. FARCE 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; yr other causes not reasonably within the confrol of the party
claiming the inabi€ity.
b. I#, 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
Grid Main Const. & Rmbrmt. Agreement
lV.M. Edificfas and the City
Page 5 of 8
give written notice of the full particulars of the force majeure to the other party
within ten (1Q~ 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 effected by the farce majeure, are suspended during the
con#inuance of the inability claimed, but for no longer period and the party shall
endeavor tv remove or overcome such inability with all reasonable dispatch.
11. NOTICE .
a. Any notice ar other communication required ar permitted to be given under this
AGREEMENT must be given tv the other Party in writing at the following
address:
1. If to the DEVELOPER:
N.M. Editicios, LLC
390 North McColi Road
McAllen, Texas, 78501
2. if tv the CITY:
CITY of Carpus Christi
1241 Leopard Street X78401 y
P. C. Box 9277
Corpus Christi, Texas 78469
ATTN: Assistant CITY Manager
^evelopment Services
b. Notice required by this paragraph may be by United States Postal Service,
First Class Mail, Certifed, 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 far notices by giving notice of the change
under the provisions of this section.
12. THIRD-PARTY BENEFICIARY.
I7EVELOPER'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 wi#h the contractor far the construction of the project must provide
that the CITY is a third party beneficiary of each contract.
13. PERFORMANCE N^ P YMENT BANDS.
^EVELOPER shall require its contractor for the construction of the project,
before beginning the work, tv execute with DEVELOPER and the CITY a
performance bond if the contract is in excess of $100,OOfl and a payment bond if
Grid Main Cvnst. 8 Rmtxr-it. Agreement
N.M. Edi6Civs and the City
Page fi vt t3
the contract is in excess of $25,gg17. The performance and payment bond must
comply with Texas Government Code, Chapter 2253.
14. WARRANTY.
DEVELOPER shall fully warranty the workmanship of and function of the Grid
Main and the construction of the Grid 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 100°I° of the reasonable cost of the Grid Main Extension, not to
exceed $29fi,a83.86. See attached cast estimate {Exhibit ~}.
b. The CITY agrees to reimburse the ^EVEL~PER on a monthly basis upon
invoicing far work performed. The reimbursement will be made no la#er than 3g-
days from the date of the invoice. DEVELGPER shall submit all required
pertormance bends and proof of required insurance under the provisions of this
AGREEMENT.
c. To be eligible far reimbursement, the work must be completed in a goad and
workmanlike manner, and must have been inspected and accepted by the CITY.
The CITY agrees tv 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 far 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
defau!# by the DEVELOPER.
16. INDEMNIFICATIGN.
^EVELaPER 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 yr
incident to the construction of the Grid Main Extension by DEVELOPER.
17. CQVENANT RUNNIG WITH THE LAND.
This AGREEMENT is a covenant running with the land, L 8~ F Subdivision Lot 1,
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 ^EVEL~PER's
successors ar assigns.
Grid Main Const- 8 Rmtxmt. Agreement
N.M. Edifiaos and the Ciry
Page 7 of 8
18. ASSIGNMENT OF AGREMENT
This AGREEMENT yr any rights under this AGREEMENT may not be assigned
by ^EVEL~PER tv another without the written approval and consent of the
CITY's City Manager.
19. ^ISCLQSURE GF OWNERSHIP 1NTERE T
DEVELOPER further agrees, in compliance with the CITY ordinance Nv. 1711U,
tv campiete, as par# of this AGREEMENT, the Disclosure of Ownership interests
form attached hereto as Exhibit 5.
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 ap parties.
~1. AUTHORITY
The person signing this AGREEMENT vn behalf of the parties represents,
warrants, and guarantees that they have authority to ac# on behalf of the party
and make this AGREEMENT binding and enforceable by their signature.
EXECUTE^ IN TRIPLICATE originals, this ~L day of {~'~~~~ ,
~a1o.
DEVELOPER: N.M. Edificivs, LLC. ~~
ay:
nthony LaMantia, Developer
THE STATE OF TExAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on S'~ ~' r , 2t31 ~,
by Anthony LaMantia, Developer, N.M. Edificivs, LLC., vn behalf of the
corporation.
Nota ub c, State of Texas
°= A±Y rryall~IS810N ExPiRE$
ar;a`~~` ~l+~s,2af8
Grid Main Const. & Rmbrmt. Agreement
N. M. Edificios and the City
Page 8 of 8
THE CITY OF CARPUS CHRISTI:
ATTEST:
ay:
Armando Chapa
City Secretary
THE STATE OF TEXAS§
COUNTY OF NUECES§
t
ay:
Angel R. Escobar
City Manager
This instrument was acknowledged before me an I YL , 241 g,
by 'Angel R. Escobar, City Manager, City of Carpus Christi, xas, a Texas
home-rule municipal corporation, on behalf of the corporation.
~:~*~:~~~ GL~NOA L. GRAS2
S ~~ Notary Puhlit;
STATE OF TEXAS
Notary Public, State of Tex ~,~~~? My comm. Fxp. X5.47-zn~z
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APPROVED A5 TO FORM: This /'~" day of , 201
FOR: Carlos Valdez,
City Attorney
B ~ /~~
eborah Walther Bro n
Assistant City Attorney
far the City Attorney
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APPLICATION FOR GRID MAIN
CONSTRUCTION AND REIMBURSEMENT AGREEMENT
[, Anthon LaMantia of N.M. Edif ios [.LC developer ^f prapased L & F Subdivision Lot 1
Subdivision, herby request reimbursement of $29b,483.86 for the improvements to the grid
main waterline in conjunction with G & F 5ubdivisinn Lot l subdivision, as provided for by City
Ordinance No. Said $Zg6,483.86 is the construction cast, including Engineering, in
excess of the totlacreage fee, as sho a cost su rting documents attached herewith.
~-~~y lz zo ~~
An ony LaMantia, Developer {Date}
IV.IvI. Editicios, LLC
THE STATE OF T'1/J~AS }(
CUL]NTY OF NL]ECES )(
This instrument was acknowledged before me on
by _, 1~~,r`T1{~ni~a ~.~F,-,~Q,},T~.. _, a Limited
of the said torpor ion. r~
1.UPE Q AIDR~IJO
MY COl1kM1551DN QfPlgES
July 23, 2013 otary
CERTIFICATION
_~ - ~~ , 20 ~'v,
Liability Corporation, on behalf
lit in and for the State of Texas
The information submitted with this application for reimbursement has been reviewed
and determined to be correct. Reimbursement is subject to:
{a} sufficiency of funds in the Distribution Main Trust Fund, and
{b} appropriation and approval by t e City Counci i.
V -~ ~ ~ ~ IS l0
Development S ices Engineer {Date}
ExHiBIT 2
I
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ECT: !3F oearrbuears New euNRny SMa kr,proreinenta
aWECr~ ovat~2w o~rE: May ». za+o
pRELISIIINAFIY E$TIAIATE OP pRDS11gLE CQ[~f$TRI,IC7tQN COST
Itrrte ~rscyi 11n1t tJnk Prica Tatal Pr€cr
.t.r u,~r ~~~
1 i2" PVC G•900 Wrtar Llne 5479 LF 590.00 ;184,370.
2 Psven3ent R ar 4 LS ;:i,00Q,0fl 5.5,000.
3 SS"Bore 8~ CBtil i7D Lf SZ50.00 54Y.500.
4 t2" Scx~e 55 l.F ;125.00 SB 975.
5 iZ" Gate Valve 8 E4 52 000.00 5ie 4]00.
8 ~~e rant A8 i0 EJI 53 8410.00 5384100.
7 12" x iZ^ 7 Sleave and Valve 1 F.JI 54.500.00 34,5410.
WATQt IMPROVEM ENTS SLfBTOTAL #3'1T,Z46.~
CONT1 lrGENCIES id'16 SZ7l72~t.5G
CONST RUCTIQN TOTAE. #30# 989.dd1
ENGINEF...RING DtrSlGN 896 24 357.50
TOP4)CRAPIiIC SURVEY 2% $5 004}.f10
TESTING 19b 500.4H]
PERMITS 196 59 500.00
ADMiNIS7'RATNE &LIB TOTAL ~ 3B7.5E1
PROJECT TOTAL ;340,38T.ti0
LE$$ ACREAGI~ FEES #43.883.14
TCITAL REIMBURSEMENT REDt3E$TE~3 #x,483.88
raa ooax~xrn nu~a[u,aa araide+~s,awa r~rvefa ixrOER n+[+wrnpurr or nw,
~ vwvnEn. r f. riasn, uiv. roof race rq rage w, os„• b tr rs+ar ra ae vsEO rae
co„stRUCt,oK i,noaraua re~rrr wreroeea
>~xhibit: 4
U.+HUA Rrd4ieets'49~31a~.tl0 Hew SM Impro,wrnenttlCost EsErrwi0aatl¢ wl 8 hs1 Ptpppawi EsfpmaMa~dax
CITY ^F CCRpUS CFtRISTI
bISCLCSURE CF INTERESTS
Gity of Carpus Christi ordinance 17112, as amended, requires all persons or firms seeking to do business with the
City to provide the fallowing information. Every question must be answered. If the question is not applicable, answer
with "NA." See reverse side far defnitivns.
FIRM NAME: N • M • ~ d: ~•o~ oS L~~
STREET: ~ +~. M~co~~ Rd CITY: rtt Arr „ XIP: ~8soi
FIRM IS: 1. Corporation [ ] 2. Partnership { } 3. Sole Dwner ( }
4, Association { } 5. Other { a{ }
bISCLQSURE GtUESTIaNS
if additional space is necessary, please use fhe 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°Io ar
mare of the ownership in the above named "firm."
Name Job Title and City i?epartment {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
3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting
3°/0 or mare Of the ownership in the above named 'Y~rm."
Name Board, Commission, ar Committee
4. State the names of each employee or offrcer of a "consultant" for the City of Corpus Christi why worked on any
matter related to the subject of fhis contract and has an "ownership interest" constituting 3°/0 or mare of the ownership
in the above named "firm."
Consultant
CERTIFICATE
I certify that all information provided is true and correct as of the date of this statement, that I have
not knowingly withhBld disclosure of any information requested; and that supplemental statements will be
promptly submitted to the City of Carpus Christi, Texas as changes occur.
Certifying Person: A^~~ony 1,-c.H aw~~ a .~
[TYPE 4f Printy
Signature of Certifying Person:
Title: _ M ana~t r .
EXHlBfT
dEFINITInNS
a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of
Corpus Christi, Texas.
b. "Employee:' Any person employed by the City of Corpus Christi, Texas either on a full ar part-time basis, but not
as an independent contractor.
c. "Firm." Any entity operated far economic gain, whether professional, industrial or commercial, and whether
established to produce or deaf with a product ar service, including but not limited to, entities operated in the farm
of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture,
receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations.
d. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City
Managers, Department and Division Pleads, and Municipal Court Judges of the City of Gorpus Christi, Texas.
e. "Ownership interest." legal or equitable interest, whether actually or constructively held, in a frrm, including when
such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or
control established through voting trusts, proxies, or special terms of venture or partnership agreements."
f. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Carpus Christi for the
purpose of professional consultation and recommendation.
ExHiB~T
APPLICATIaN FaR WATERLINE CREDIT
I, Anthony LaMantia, developer of proposed L & F ^istributors Subdivision Lot 1
Subdivision, hereby apply for $ 43,883.14 credit towards the water acreage fee far the installation of
the Main Grid waterline as provided far by City Qrdinance No._. $34~3f 7^Qa is the construction
cost, including 8% Engineering, as shown by the cost support' documents attached h7erewith.
~~~f i i ~~ fd
Anthon tia, Developer (Date}
THE STATE OF TEXAS §
C4L!IVTY QF NllECES §
This instrument was acknowledged before me on ~ - ~ ~
by Anthony LaMantia.
~£ wP~ a ~saa
~= tiir cont~ssarr ~i~~s
,k~r23,zma
H
CERTIFICATION
Y Wes`"""'
Notary Pu lic in and for the State of Texas
2010,
The information submitted with this application has been reviewed and determined to be
correct and a credit of $ 88 ~~ is herewith pproved.
~ ~ S C~
Juan Perales, r., P.E. (Date}
Development Services Engineer