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HomeMy WebLinkAboutC2011-508 - 12/13/2011 - ApprovedDEFERMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Deferment Agreement, (hereinafter "AGREEMENT ") is entered into between the City of Corpus Christi, Texas, a Texas Home Rule Municipality, (hereinafter "CITY ") and Baker Hughes Oilfield Operations, Inc., a California Corporation, (hereinafter "DEVELOPER "), and pertains to deferral of the completion of certain improvements required prior to filing the final plat of Deaton Baker Subdivision, Block 1, Lot 1 (hereinafter "PLAT "), which was approved by the Planning Commission on October 26, 2011. A copy of the PLAT is attached and incorporated as Exhibit 1; WHEREAS, in accordance with Unified Development Code (hereinafter "UDC ") Subsection 8.1.6, before seeking acceptance of all improvements by submitting the final PLAT in accordance with UDC Subsection 8.1.11 for recordation, the DEVELOPER is obligated to complete the installation and construction of all required improvements and submit required quality assurance documentation; WHEREAS, the DEVELOPER is seeking to have the PLAT filed immediately with the County Clerk of Nueces County, Texas, before completion of the required improvements in conformity with UDC Subsections 8.1.3 and 8.1.4; WHEREAS, the DEVELOPER submitted written application and is seeking to defer, for a period of up to one (1) year, the construction of the water, wastewater, and storm water improvements (hereinafter the "deferred improvements "), as shown in Exhibit 2; and further, on December 7, 2011, the Planning Commission found, and recommended to the City Council, that reasonable cause exists to delay the completion of the required public improvements for PLAT recordation provided that, in accordance with UDC Subsection 8.1.10.13, the following noted conditions are met; WHEREAS, in accordance with UDC Subsection 8.1.10.13.1, the DEVELOPER will provide to the CITY prior to the recording of the PLAT, a DEVELOPER guarantee in the form of a Performance Bond, for the construction of the improvements to ensure completion of the project. The Performance Bond shall be in the amount of $367,153.93, representing 110% of the cost of constructing the deferred improvements as estimated by the DEVELOPER'S engineer and accepted by the Assistant City Manager of Development Services, or his designee (hereinafter "DEVELOPMENT SERVICES ACM "). Cost Estimate is attached and incorporated as Exhibit 3; WHEREAS, water and sewer service are available to serve Deaton Baker Subdivision, Block 1, Lot 1; WHEREAS, the DEVELOPER is entering into this AGREEMENT as required by UDC Subsection 8.1.10.B.3; 2011 -508 M2011 -279 12/13/11 Baker Hughes Oilfield Operations, Inc. !NDLAGD NOW, THEREFORE, for the consideration set forth hereinafter, the CITY and DEVELOPER agree as follows: 1. The DEVELOPER shall construct the deferred improvements, in accordance with the CITY'S engineering standards in effect at the time of construction. 2. The DEVELOPER certifies all other subdivision requirements, park dedications, park dedication deferment agreements, maintenance agreements and all special covenants, if any, have been completed. 3. The CITY hereby waives the requirement that construction of the deferred improvements be completed before the final PLAT is endorsed by the CITY Engineer and filed for record with the County Clerk of Nueces County and further agrees to allow the DEVELOPER to defer construction of the required improvements as shown in Exhibit 2, for up to one (1) year from the date of this AGREEMENT, or such later time as may be mutually agreed upon in writing by both parties. 4. The DEVELOPER agrees to deliver a Performance Bond in the amount of $367,153.93, being 110% of the estimated cost of constructing the deferred improvements, as shown in Exhibit "3 ", which is attached to and incorporated into this AGREEMENT, to the CITY on or before the PLAT is filed with the County Clerk, and if such Performance Bond is not provided by that time, this AGREEMENT shall become null and void. The form of the Performance Bond must be approved by the CITY Attorney and the CITY'S Director of Financial Services. 5. The Performance Bond must be executed by the DEVELOPER, as principal, and by a corporate surety acceptable to the CITY, as obligee, and conditioned upon the DEVELOPER named in the Performance Bond faithfully complying with all of the provisions of this AGREEMENT until the CITY has accepted the deferred improvements. 6. The Performance Bond shall secure the CITY against all costs, charges and expenses related to the failure of the DEVELOPER to construct the deferred improvements. A Performance Bond issued under this provision must be valid for the deferment period or more, and require as sole documentation for payment a statement in writing from the City Manager setting forth the circumstances giving rise to the call on the bond, or a statement of the failure to furnish proof of renewal or replacement of the bond, if necessary, no less than thirty (30) days prior to the expiration of the then current bond. 7. The CITY and DEVELOPER agree that completion of the deferred improvements shall be determined by the DEVELOPMENT SERVICES ACM in accordance with the acceptance requirements noted in UDC Subsections 8.1 .11 and 8.1.12, but in no event shall the deferred improvements be deemed complete until the CITY Engineer has provided a certification of completeness, which certification shall not be unreasonably withheld, conditioned or delayed. 8. Upon completion of the deferred improvements by DEVELOPER, and upon compliance by the DEVELOPER with the terms of this AGREEMENT, the DEVELOPMENT SERVICES ACM and /or the CITY Engineer shall: a. Immediately release the DEVELOPER from the obligations to construct the deferred improvements by mailing a Release Letter to: Baker Hughes Oilfield Operations, Inc., a California Corporation 2929 Allen Parkway, Suite 2100 Houston, Texas 77019 Attn: George P. Bernhardt b. Return to the DEVELOPER within sixty (60) days of the completion of the construction of the deferred improvements and settlement of the construction costs, or within sixty (60) days of acceptance of the deferred improvements, whichever is later, the Performance Bond and any balance remaining of all monies received by the CITY from the DEVELOPER, including any interest earned. 9. The CITY and DEVELOPER agree that if the DEVELOPER formally vacates the current plat, with approval of the Planning Commission, prior to the deadline for completion of the construction of the deferred improvements, any money received by the CITY from the DEVELOPER remaining on deposit, plus interest earned, will be released and immediately returned to the DEVELOPER. 10. If the deferred improvements have not been completed prior to the deadline for completion of the construction of the deferred improvements, or if the DEVELOPER fails to deposit any increased security as set out below, after notice to the DEVELOPER and opportunity to cure as stated in Paragraph 11 below, the CITY will call the Performance Bond and transfer the money received, including any interest earned, to the appropriate CITY fund and the CITY may begin completion of the construction of the deferred improvements. If CITY constructs all or any part of the required improvements, the DEVELOPER shall reimburse the CITY for any additional cost of the deferred improvements, if the sum of money and interest prove inadequate to complete deferred improvements within thirty (30) days after CITY completes the required improvements and bills the DEVELOPER. 11. If DEVELOPER defaults in any of its covenants or obligations under this AGREEMENT, the DEVELOPMENT SERVICES ACM and /or the CITY'S Engineer will send the DEVELOPER written notice by certified mail, return receipt requested, advising DEVELOPER of the default and giving DEVELOPER thirty (30) days from date of receipt of the letter, or such longer period as may be reasonably necessary if the default is not reasonably curable within thirty (30) days, to cure the default. If the DEVELOPER fails to cure the default after receipt of the notice and opportunity to cure, the DEVELOPMENT SERVICES ACM and/or the CITY'S Engineer may transfer any monies received and interest earned to the appropriate fund of the CITY to complete the deferred improvements. In the event there are any monies received by the CITY from the DEVELOPER, plus interest earned, remaining after the CITY has completed construction of the deferred improvements, the excess monies, both principal and interest, shall be refunded to the DEVELOPER, within sixty (60) days of the completion of construction of the deferred improvements and settlement of construction contracts. 12. The CITY reserves the right not to issue Certificates of Occupancy for this development until the deferred improvements are installed, deemed complete and accepted by the CITY. 13. The DEVELOPER agrees that the CITY, after notice in writing to the DEVELOPER and Project Engineer, may accelerate payment or performance or require additional financial security when the CITY deems itself insecure as to the prospect of payment or performance on a demonstrated reasonable basis. 14. The Developer and CITY agree, that should the deferment period be changed to greater than one (1) year from the date of this AGREEMENT, as mutually agreed upon in writing by both parties, an increase in security may be required on the first year anniversary of this AGREEMENT and annually thereafter, if the DEVELOPER'S Engineer or the CITY reasonably determines that the present financial security does not provide for 110% of the estimated construction costs. 15. The DEVELOPER covenants to construct the deferred improvements, and that this covenant shall be a covenant running with the land. 16. The CITY'S Engineer, at DEVELOPER'S expense, shall file for record this AGREEMENT in the records of the County in which this property is located, that being Nueces County, State of Texas. 17. No party may assign this AGREEMENT or any rights under this AGREEMENT without the prior written approval of the other party. 1$. Unless otherwise stated herein, any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery or by certified mail, and if given personally or by certified mail, shall be deemed sufficiently given if addressed to the appropriate party at the address noted above the signature of the party. Any party may, by notice to the other in accord with the provisions of this paragraph, specify a different address or addressee for notice purposes. 19. This AGREEMENT shall be construed under and in accord with the laws of the State of Texas and all obligations of the parties created hereunder are performable in Nueces County, Texas, and all lawsuits pursuant hereto shall be brought in Nueces County. 20. The DEVELOPER further agrees, in compliance with the CITY'S Ordinance No. 17113, to complete, as part of this AGREEMENT, the Disclosure of Ownership interests form attached to this AGREEMENT as Exhibit 4. 21. This AGREEMENT shall be executed in triplicate, all original copies of which shall be considered one instrument. 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 that all original copies have been executed by all parties. 22. 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 this la 'v" day of b0eef" -r 2011. Signatures found at pages 6 and 7. DEVELOPER: Baker Hughes Oilfield Operations, Inc. a California Corporation 2929 Allen Parkway, Suite 2100 Houston, Texas 77019 By: ( iai l — — Name.' David E. Emerson Vice President THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the AP) day of November, 2011, by David E. Emerson, Vice President of Baker Hughes Oilfield Operations, Inc., a California corporation and Developer herein, on behalf of said corporation. Notary Public, State of Texas ELLEN S ROTH "= Notary Public, State of Texas My Commission Expires �; NA*, November 07, 2015 CITY ATTEST: By: OQ Armando Chapa City Secretary THE STATE OF TEXAS § COUNTY OF NUECES § CITY OF CORPUS CHRISTI 1201 Leopard Street P. O. Box 9277 Corpus Christi, Texas Telephone: (361) onald L. iDlson M This instrument was acknowledged before me on the day of —5 2011, by Armando Chapa, City Secretary, for the City Of Corpus Christi, a Texas Municipal CorpgMation, on beh of he orporation. al 4 Notary Public, State Of Texas 7AMERA L. RILE1 Notary Public THE STATE OF TEXAS § "` srAr o TEXAS' § ,y4oFr My Comm. Exp. 05 26 -2012 COUNTY OF NUECES This instrument was acknowledged before me on the I day of b?Ci9MW - , 2011, by Ronald L. Olson, City Manager, for the City Of Corpus Christi, a Texas Municipal Corporation, on behalf of the Corporation. E$'r}�{sF; VEI.AZQUEZ Notary Public, State Of xas M j ly0"�,20 Mores 1( 8 14 APPROVED AS TO FORM: Thi sf day of A ^ W , 2011. Carlos Valdez, City Attorney B eborah Walther Bro Assistant City Attorney �) Za I I . AUTH KI-La ff M- UNC 1 7- i h t �-L SECRETARY 'T+2 STAR OF lE %A5 COUNTY' OF NUECES 1 C7hNd T BARR ERA CLERK OF IIIC COUNT CQUHT IN AND FOR 5A10 COUNTY GO HEREBY CERTIFY lltdT THE FOAEGCING INSTAOIG;NT GATED THE_, I' OF ZO_. W1lH lT CERTIFICATE OF AUTHENTICATION WAS FILER FOR PECORD III FIT OTF TEL THE_DdV OS , 20 dS CLUCK _M AHD DULY PECORDEU INC _ DAY Cl 20 7 . IN sAIO COUNTY IM VOLVSIE_ PdGE�NGP RECORDS IN OAY AND YEAR I AID SA 10 COUNTY AT OFFICES riLEB FOR RECORD DIANA 'T BARRERA COUNTY CLERK NUECES COURTY, TEXAS AT_O'LLOCK_M BY 2a_ DEPUTY STATE OF TEXAS COUNTY CF HUECE$ IyES FINAL PLAT OF THE HEREIN DESCRIBED PROPERTY dPPPOVED BY TIE DEPARTMENT OF OEVELOPir1IT SERVICES OF THE CITY OF CORPUS CHRISTI, TEXAS. THFS THE_DAY OF _ 70�. JUAN PEHALES, 11 - P.E. NFVE LOPNENT SERVICES ENGINEER S OF TEXAS TY OF NUECES 'F1114L PLAT OF THE HEREIN DESCRIBED PR07ERTY WAS 411R0 ED ON BEHALF OF HE CITY PF CORPUS CHRISTI, TE %IS PLANNING COIH115AION. THE DAY OF U BDY GAR2A II[GUEL 5. SALDANM1, iHAIRIAAN SECRETARY J [CEOP; OI. , I0 THE FLOPD INSURANCMAP IFIAII) FOR NUECES COUNTY, EXAS, C4.L'ICUNiI PANEL NUMBER 2*D5 L, MAP REV I5ED MARCH SA, 885, THE 5UBJE[T.PROP.ERTY IS IN 20NE C WHICH IN THIS CASE S NOT A SPECIAL 'FLOOD HAZARD r C ivi I Corp I`N0INEERS A A 5URVEY ORS 1501 E. MOCKINGBIRD, SUITE STATE HIGHWAY 44 (R. O. W. VARIES) <.,: s aq•a (PUBLIC HIGHWAY) APPLY OE ONI ION A E7 C. �N N . 375. 67 H89'12'0 E SA5. 57' IRON ROD W I IN YELLOW PLASTIC CRP $TdI1R E0 E _ is TS v. R. A U.[� — _ — �SS.Sa— - - - -- — — EN 35' 1.L. = FOUIID C9:tCRETE MONUMENT I E Ia P.O.B. Ft POINT OF CORPUSALHRISTI .INNOH36ITNGdhFnECTSR�HE SUPJECTLSDDDIVSGIGN.CITY 0 l �s h. THE RECETYI14G WATERS FOR THE RICO' WATER RUNOFF FRIXA THIS PROPERTY Y, R. • YARD nEODiH ElAENT 5 LOT 1 'S"' CREEK, R EEN 8UT 1T IS ECOGNl2ED h5 AH ENYIPONMEN7AElY $ENSITIYE AEA. 0156 CREEK FLOWS DIRECTLY "TO OSD DAY. THE TOED HAS IiC 1 BLOCK 1 F ,xA RESS: ul t7l 29,,000 ACRES 15' HIIL IIl E.sEVSIn 5 AND DIVERSION SIMILE WILL BE HAIN7hINED BY THE Ai (1,260,660 SR- FT.) PRO PAIPIIDNNFRLITY E S. NO ZONING - PnOPFRTY LOCATED OUTSIDE OF THE CITY LIMITS. ^� AI�6 PRRE n Rsc I m 3I Dieu 6s B E , V uo Bi x�Nl — - - DF I LLY SaspE11� - - - - - J I Bid 7 x CJI S a o i I . I --------- v�f[.E11�51M1PRCF51 6Ni � REED RLCa,hs S OF TEXAS TY OF NUECES 'F1114L PLAT OF THE HEREIN DESCRIBED PR07ERTY WAS 411R0 ED ON BEHALF OF HE CITY PF CORPUS CHRISTI, TE %IS PLANNING COIH115AION. THE DAY OF U BDY GAR2A II[GUEL 5. SALDANM1, iHAIRIAAN SECRETARY J [CEOP; OI. , I0 THE FLOPD INSURANCMAP IFIAII) FOR NUECES COUNTY, EXAS, C4.L'ICUNiI PANEL NUMBER 2*D5 L, MAP REV I5ED MARCH SA, 885, THE 5UBJE[T.PROP.ERTY IS IN 20NE C WHICH IN THIS CASE S NOT A SPECIAL 'FLOOD HAZARD r C ivi I Corp I`N0INEERS A A 5URVEY ORS 1501 E. MOCKINGBIRD, SUITE 406, VICTORIA, TEXAS 77904 TEL: 13611570 -7500 FAX: [3611570-7501 RE 5 SOUAL 251.01 ACRES CLIFF INVESTVENTS, INC. TO °5 TlA55ER SAR AHNAKIAN ory OATEO= Jll"S 27, 2007 OFFICIAL RECUR IS INSTRUMENT u 2007035216 OT ESr 1. THIS PROPERTY FALLS WITHIN 5 HAUIICAL MILES OF 711E COi1PU5 CHRISTI LEGEND: INTERNATIONAL AIRPORT ICRP} AS SUCH ANY FUIVAE 111111PMENT ANDYOR ON THIS PROPER }Y WILL B� SUBJECT 70 THE CORPUS CIN[SII IIRPROVEM.NIS AIRPORT ZCN..G ORDINANCE AS HELL AS ANY AND ALL dPPLICdBLE FEDERAL • - FOUND 5/8 INCH DEAMETER IF O,Y ROD IV III PLASTIC AVIATION ADMIYI15TRp ]ION IFAAI ftECUEATIONS AUTO STANDARDS. THESE TO, HELGN TS, LI CI {1 IHG, CAP APPLY OE ONI ION A E7 C. i FOUND 5/0 1NCN DIAMEIEn 2. IN APDITEON TO 11111INI FAA REGULATI0Y5 AND STANDARDS THE DESIGN IRON ROD W I IN YELLOW PLASTIC CRP $TdI1R E0 CAITERSA FOR dNY FEATGAE WHICH FALLS llNOER 711E FAd CbI TOOL S MU57 WITH ALL THE AP PA OPAlATE FAd AOVI59RY CIRCULdRS fACI SUCH "CIVILCORP` COMPLY AS AC 15015200 -338. = FOUIID C9:tCRETE MONUMENT 3 A PF P.O.B. Ft POINT OF CORPUSALHRISTI .INNOH36ITNGdhFnECTSR�HE SUPJECTLSDDDIVSGIGN.CITY 0 SECIN1ENc h. THE RECETYI14G WATERS FOR THE RICO' WATER RUNOFF FRIXA THIS PROPERTY Y, R. • YARD nEODiH ElAENT 'CC' 'IRA' NOT CLAS%FIEO THE AODA7IC LIFE USE FDA 'S"' CREEK, R EEN 8UT 1T IS ECOGNl2ED h5 AH ENYIPONMEN7AElY $ENSITIYE AEA. 0156 CREEK FLOWS DIRECTLY "TO OSD DAY. THE TOED HAS U.E. UTILITY EASEMENT, CLASSIFIED THE dOVAIIC LIFE usE FCR 050 BAY AS 'EXCEPTIONAL" AND 'CONTACT RESS: RECS VATLRSUSEND CATEGORIZED ' TIIE RECEIYSN W ATER AS A _ 5 AND DIVERSION SIMILE WILL BE HAIN7hINED BY THE 8333 STATE HIGHWAY 44 PRO PAIPIIDNNFRLITY E S. NO ZONING - PnOPFRTY LOCATED OUTSIDE OF THE CITY LIMITS. A paF3ne[�l 9 PLANNING CopdMISSION i SITE I II THE STATE OF TEXAS] COUNTY OF YICTORIAI IHL5 IS TO CERTIFY THAT BAKER IIULHEN OLLFIELO UPERAT1015, INC., A CALIFORNIA CORPORATION 15 'HE LEGAL OWNER OF THF. LAND BHGA'N ON 7NE5 PLA7, BEING THE TRACT OF LAND AS CONVEYED BY GEED CAI ED AUF,NST 2, 2011 A 0 NEED' DEO IN OFFICIAL RECORDS INSTRUMLIIT NO. 2011028107 OF NUECES t0INT Y, TEMF,S, AND DESIGNATED HEREIN A5, DE ATON -BAKER SUBDIVISION, BLOCK 1. LOT 1 TO THE CITY OF C0RPU5 C0E5T1, TEXAS. BY: GEORGE P. BEANJFeRDT BAKER HUGHES OILFLELP OPERATIONS, INC., A CALIFORNIA CORPORnTTON THE: STATE OF TEXA51 COUNTY OF HARRIS] BEFORE NE, THE ONDERSICHEO AUVIOTi1TY, ON THIS BAY PERSONALLY APP. BRED KNI TO IIE TO BE THE PERSON WHOSE VUlF IS SUISCR13ED TO THE FOREGOING INSINUI /ENT, AND AC%N0TLENED TO ME THAT SUCH PEHSSN EXECUTCO SIIE SAME FOR THE PURPOSE AND CONSIDERATIONS THEREIN STAR FO. GIVEN UNDER TAY HAND AND SEAL OF CFF ICE THIS SHE DAY OF 2011• l NOTARY PUBLIC, STATE OF IL XAS KNOA ALL HEN DY THESE PFLSENTSI THAT 1, 11N11 L. PAIYA H, DO HEREBY CERTIFY THAT I NAOE AN ACTUAL AND ACCURATE SURVEY OF THE YLATIEB LAND, ANO THAT THE CORNER A NUVF.NTS SHOWN ON 711E FORL09TMG PLAT WERE PROPERLY PLACER UNDER MY PERSONAL SUPERVISION. THIS LANG LIES IN THE EX7PATEFRITORIAL JURISOLCT ION OF SHE CITY OF CORPUS CHRISTI. CIVILCORP, LLC Bo BENNIE L. GALVAN BEG €STEREO PROFESSIONAL Ld ND SURVEYOR I TEXAS REG IST AAT70N NO, 5225 DATE: SCALE IN FEET 0 200 00 600 bv11GWAL PLAFE DEAy ®G1 -sAffE ?118008V92#09, MOCK 9, bop 9 BEING A 29.1000 ACRE TRACT OF LAND SI TOATEV IN THE TP.O.MAS GALLAGHER SURVEY 402, ABSTRACT No. 968, NUECES COUNTY, TEXAS, SA LO 29.1000 ACRE TRACT OF LAND BEING THE SAME 24. A004 ACRE TRACT OF LAMB GONVEYEO FROM MASS ER FAR ANNA KLAN TO RAKER HUGHES OELFIELO OPERATIONS, IHL. A CAtrFORN IA CORPORATION NY DEED OAT AUGUST 2, 2041 A$ RECORDED IN OFFICIAL RECORDS IN9T P1f 1ENT N0. Z011028103 -OF NUECES COUNTY, TENA S. flEV15f0NE ORAR!! RY: JOB NO.: 7110259 F(U. RN. 10.1 N/. GATE: 10124 SCALE: 1" SIZECT 1 Or ! EXHIBIT 1 mm"imP8 x�ltas ai"►r'�M suu a�xs 100 umrwLogroud !, ' , �,..� Cdr.- �P-.,-v-.-.-,-, z- 9v� .- .- �•_..a-- r�r.��....- ,...� -,Y j 'SIP'S7A4I 11 „ �' �sc�c3 _ g � i t II ,Fl�„— _______ mw.n .�wsn.fi,,,� BINMWl 44 it - IoP4nW 1. 9Y f w I I I f Y W ___ -- S a: wa all f ! 0 X S I I ..0 fib i l I I I P . I+ i r a ! �r j u ! I III i L '�I I I iu I 11' I I�1 I +I II I Er I I , ll I d _n o� a,,.:,., � ..sry,�, b,�r�; ” E :� as .- .0 I >4 :a:�•rrra, .r,�, ,�. wu Or tea. _- ,a._..__ I _- _._ _ ._ _ _ _ - _,_.__ _ - s7 -- me ..... m... a,., ..� I YYYYYY Y f�a_C56i .a wy ------ - - - - -— l ON 5 -ca' 11/11/2011 PUBLIC SANITARY SEWER IMPROVEMENTS FOR DEATON- BAILER SUBDIVISION PUBLIC WATER IMPROVEMENTS FOR DEATON -BAKER SUBDIVISION COSTS ITEM DESCRIPTION UNIT QUANTITIES COSTS TOTAL COST ITEM DESCRIPTION UNIT QUANTITIES UNIT COST $39,270.00 TOTAL COST FIRE HYDRANT ASSEMBLY 3 EA 5 $5,500,00 LF $27,500.00 12" GATE VALVE & BOX $27,720.00 EA 2 $4,250.00 Conlin en 10% $8,500.00 B" GATE VALVE & BOX $98,442.30 EA 4 $3,100.00 1 $12,400,00 CONNECT TO EXISTING WATERLINE $1.000.00 EA 2 $9,500.00 SUBTOTAL: $19,000.00 WATER MAIN (12 ")(C-900) (PVC) Contingency 10% LF 924 $4750 $43,890.00 WATER MAIN 8 ")(C- 900)(PVC) LF 2358 $32.50 " 110% OF CONSTRUCTION COSTS PER CITY ORDINANCE $78,635.00 TRENCH SAFETY TOTAL ATER +SEWER +STORM LF 50 $300.00 $15,000.00 GRAND TOTAL= $367 SUBTOTAL; $202,925.00 Contingency 10% $20,292.50 WATER TOTAL= $223 277.50 PUBLIC SANITARY SEWER IMPROVEMENTS FOR DEATON- BAILER SUBDIVISION COSTS ITEM DESCRIPTION UNIT QUANTITIES UNIT COST TOTAL COST SAN SEWER PIPE (10") ($DR -26) LF 924 $42.50 $39,270.00 48" DIA. MANHOLE EA 3 $7,501.00 $22,503.00 TRENCH EXCAVATION PROTECTION LF 924 $30.00 $27,720.00 SUBTOTAL: $89,493.00 Conlin en 10% $8,949.30 SEWER TOTAL= $98,442.30 PUBLIC STORM SEWER IMPROVEMENTS FOR DEATON -BAKER SUBDIVISION COSTS ITEM DESCRIPTION UNIT QUANTITIES UNIT COST TOTAL COST 18" RCP STORM SEWER PIPE Lg 167 $45,00 $7,515.00 3X3 JUNCTION BOX FA 1 $1,040.00 $1,000.00 5X5 JUNCTION BOX EA 1 $1,500.00 $1,500,00 CONNECT TO EXISTING INLET EA 1 $1,000.00 $1.000.00 SUBTOTAL: $11,015.00 Contingency 10% $1,101.50 STORM TOTAL= $12,116.50 " 110% OF CONSTRUCTION COSTS PER CITY ORDINANCE TOTAL ATER +SEWER +STORM $333 `10% ADDITIONAL $33,377.63 GRAND TOTAL= $367 EXHIBIT 3 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi ordinance 17112, as amended, requires ail 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 FIRST NAME: Baker Hughes Oilfield Operations, Inc. a California corporation STREET: 2929 Allen Parkway, Suite 2100 _ CITY: Houston, Texas ZIP: 77019 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 more of the ownership in the above named "firm ". Name Job Title and City Department (if known) NA 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 NA 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 NA 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 35 or more of the ownership in the above named "firm ". Name Consultant NA 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: David E. Er (Type or Pri Signature of Certifying Person: Title: Vice President ate: November ` , 2011 DEFINITIONS 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 or part - time basis, but not as an independent contractor. C. "Firm ". Any entity operated for economic gain, whether professional, industrial, or commercial and whether established to produce or deal with a product or service, including but not limited to entities operated in the form 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 Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership interest". regal or equitable interest, whether actually or constructively held in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holding 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 Corpus Christi for the purpose of professional consultation and recommendation. Docx 2012000 -21 F'ases 13 01/05/2012 11:20AM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK. Fees $63.00 stns Provision herein which restricts the Sales Rental or use of the described REAL PROPERTY because of Race¢ Colori RelisionP Sexy Handicaps Familial Statusp or National Origin is invalid and unenforceable under FEDERAL LAWS 3/12/€9. STATE OF TEXAS COUNTY OF NUECES I herebg certifu that this instrument was FILED in file number sequence on the date and at the time stamped herein bu mes and was dulH RECORDED in the Official Public Records of Nue wes Count:! r TeKaS Diana T. Barrera i