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WATER ARTERIAL TRANSMISSION AND GRID N SANDS
NTY
CONSTRUCTION AND REIMBURSEMENT AGREEMENT CLERK
1'clot $119. O
STATE OF TEXAS §
COUNTY OF NUECES §
This Water Arterial Transmission and Grid Main 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 JCL
Properties, a Texas General Partnership ("Developer "), P.O. Box 4868, Bryan, Texas
77805.
WHEREAS, the Developer, in compliance with the Unified Development Code
("UDC"), proposes to final plat the Property as shown on the attached final plat known
as Lewis & Cook Addition, Block 1, Lot 1 ("Development"), as shown in Exhibit 1
(attached and incorporated);
WHEREAS, under the UDC and as a condition of such plat of Lewis & Cook
Addition, Block 1, Lot 1, Developer is required to construct a public waterline in order to
record such plat;
WHEREAS, Developer has submitted an application for reimbursement of the
costs of extending a 12-inch waterline from the existing fire hydrant on Agnes Street
(State Highway 44) located on the south side of Agnes Street (State Highway 44) for a
distance of 226 linear feet in order to extend water grid main along Agnes Street (State
Highway 44) to Buckholt Road and consistent with the Unified Development Code
(Exhibit 2);
WHEREAS, it is in the best interests of the City to have the 12-inch waterline on
Holly Road for a distance of 226 linear feet installed by Developer in conjunction with
the final plat;
WHEREAS, Resolution No. 026869 authorized the acceptance of applications to
be eligible for reimbursement in the future when funds are fully available in, and are
appropriated by City Council, the Arterial Transmission and Grid Main Line Trust Fund
as per the UDC, Section 8.5.1.C(1), and
WHEREAS, Chapter 212 of the Texas Local Government Code authorizes a
municipality to make a contract with a Developer of a subdivision or land in the
municipality to construct public improvements related to the subdivision or land;
NOW, THEREFORE, in consideration set forth hereinafter and in order to provide
a coordinated waterline construction project, the City and Developer agree as follows:
Subject to the terms of this Agreement and the plat of Parkview Unit 1, Developer will
C2016-661 ,aterline for and on behalf of the City in accordance with the
10/18/16 as are approved by the City Engineer on behalf of the City.
Ord. 030990
JCL Properties
SCANNED
1. REQUIRED CONSTRUCTION
The Developer shall construct the 12-inch waterline improvements, in compliance
with the City's UDC 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 construction of the 12-inch waterline, as shown in
Exhibit 3, with the following basic design:
1. Install 226 linear feet of 12-inch PVC waterline pipe.
2. Install 226 linear feet of non-structural backfill installation all water sizes.
3. Tie to existing waterline.
4. Install four (4) 12-inch (MJ) gate valve and boxes.
5. Install two (2) 12 x 12 (MJ) Tees.
6. Install two (2) 12-inch 45 degree bends.
7. Install one (1) 12-inch 22.5 degree bend.
8. Install one (1) 12-inch (MJ) plug.
b. The plans and specifications must comply with City Water Distribution
Standards and Standard Specifications.
c. 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 12-inch waterline improvements,
Developer shall acquire and dedicate to the City the required additional utility
easements "Easements", if necessary for the completion of the 12-inch waterline.
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 UDC for the area of the improvements for the
construction of the 12-inch waterline. The required acreage fees Developer is to
pay to the City under the UDC for the 12-inch waterline improvements will be
credited to Developer provided that an application for credit, including cost-
Arterial Tran and Grid Main Reimb Agmt JCL Properties-Lewis &Cook Addition Block 1, Lot 1 vFinal
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supporting documentation, has been submitted to the Assistant City Manager of
Development Services prior to the installation of the 12-inch waterline and is
approved.
5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS
Developer shall award a contract and complete the improvements to 12-inch
waterline, under the approved plans and specifications, by October 18, 2017.
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 40th
calendar day after the date of approval by City Council.
c. Developer fails to award a contract for the construction of the project,
according to the approved plans and specifications, by the 70th 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 October 18, 2017.
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
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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.
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.
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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: 2. If to the City:
Craig J. Lewis City of Corpus Christi
General Partner 1201 Leopard Street (78401)
JCL Properties P.O. Box 9277
P.O. Box 4868 Corpus Christi, Texas 78469
Bryan, Texas 77805 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 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
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Developer shall fully warranty the workmanship of and function of the 12-inch
waterline improvements and the construction thereof 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% of the reasonable cost of the 12-inch waterline improvements, not to
exceed $44,147.00, as shown in the attached Exhibit 4, the contents of
such exhibit being incorporated by reference into this Agreement.
b. Subject to the appropriation of funds, 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 as detailed
on Exhibit 5.
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, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD
HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES,
AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY,
DAMAGE, LOSS, CLAIMS, DEMANDS SUITS AND CAUSES OF ACTION OF
ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED
FROM CITY ON ACCOUNT OF INJURY OR DAMAGE TO PERSON
INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS
COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE
OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY INJURY,
DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED
BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR
REMOTELY, WHOLLY OR IN PART, THE DEVELOPER'S FAILURE TO
COMPLY WITH ITS OBLIGATIONS UNDER THIS AGREEMENT OR TO
PROVIDE CITY WATER SERVICE TO THE DEVELOPMENT, INCLUDING
INJURY, LOSS, OR DAMAGE WHICH ARISE OUT OF OR ARE IN ANY
MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE
IN ANY MANNER CONNECTED WITH THE CONSTRUCTION,
INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR,
Arterial Tran and Grid Main Reimb Agmt JCL Properties-Lewis &Cook Addition Block 1, Lot 1 vFinal
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RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS
ASSOCIATED WITH THE DEVELOPMENT DESCRIBED ABOVE, INCLUDING
THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR
CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM,
REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION,
EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO
BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF
INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE
NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE
FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL
EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES,
WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION
WITH THE ASSERTED OR RECOVERED INCIDENT.
THIS INDEMNITY SPECIFICALLY INCLUDES ALL CLAIMS, DAMAGES, AND
LIABILITIES OF WHATEVER NATURE, FORESEEN OR UNFORESEEN,
UNDER ANY HAZARDOUS SUBSTANCE LAWS, INCLUDING BUT NOT
LIMITED TO THE FOLLOWING:
(A) ALL FEES INCURRED IN DEFENDING ANY ACTION OR PROCEEDING
BROUGHT BY A PUBLIC OR PRIVATE ENTITY AND ARISING FROM THE
PRESENCE, CONTAINMENT, USE, MANUFACTURE, HANDLING,
CREATING, STORAGE, TREATMENT, DISCHARGE, RELEASE OR BURIAL
ON THE PROPERTY OR THE TRANSPORTATION TO OR FROM THE
PROPERTY OF ANY HAZARDOUS SUBSTANCE. THE FEES FOR WHICH
THE DEVELOPER SHALL BE RESPONSIBLE UNDER THIS
SUBPARAGRAPH SHALL INCLUDE BUT SHALL NOT BE LIMITED TO THE
FEES CHARGED BY (I) ATTORNEYS, (II) ENVIRONMENTAL
CONSULTANTS, (III) ENGINEERS, (IV) SURVEYORS, AND (V) EXPERT
WITNESSES.
(B) ANY COSTS INCURRED ATTRIBUTABLE TO (I) THE BREACH OF ANY
WARRANTY OR REPRESENTATION MADE BY DEVELOPER/OWNER IN
THIS AGREEMENT, OR (II) ANY CLEANUP, DETOXIFICATION,
REMEDIATION, OR OTHER TYPE OF RESPONSE ACTION TAKEN WITH
RESPECT TO ANY HAZARDOUS SUBSTANCE ON OR UNDER THE
PROPERTY REGARDLESS OF WHETHER OR NOT THAT ACTION WAS
MANDATED BY THE FEDERAL, STATE OR LOCAL GOVERNMENT.
THIS INDEMNITY SHALL SURVIVE THE EXPIRATION OR EARLIER
TERMINATION OF THE AGREEMENT.
17. ASSIGNMENT OF AGREEMENT
This Agreement may be assigned by Developer to another with the written
consent of the City's City Manager.
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18. COVENANT RUNNING WITH THE LAND
This Agreement is a covenant running with the land, Lewis & Cook Addition,
Block 1, 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
Developer's successors or assigns.
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 6.
20. AUTHORITY
All signatories signing this Agreement warrant and guarantee that they have the
authority to act on behalf of the entity represented and make this Agreement
binding and enforceable by their signature.
21. EFFECTIVE DATE
This Agreement shall be executed in one original, which shall be considered one
instrument. *This Agreement becomes effective and is binding upon, and inures
to the benefit of the City and Developer from and after the date that all original
copies have been executed by all signatories.
EXECUTED IN ONE original, *this .f 5t day of 5e.pktnbet- , 2016.
SIGNATURES FOUND ON PAGES 9 and 10.
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Developer
Craig J. Lewis, Partner
JCL Properties
P.O. Box 4868
Bryan, Texas 77805
B : 1w/k A
Y
Crai is
•
Gene - Partner
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was signed by Craig J. Lewis, Partner, for JCL Properties, and
acknowledged before me on the Z%St day of p,1{:fhk 2016.
KELLEY MARIE BOHNERT
Nota P •I f, State of Texas , I* Notary Public.State of Tapas '
\ ? My Commission Expires
j'+ ' 4' SEPTEMBER 1,2018
Arterial Tran and Grid Main Reimb Agmt JCL Properties-Lewis&Cook Addition Block 1, Lot 1 vFinal
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CITY OF CORPUS CHRISTI:
ATTEST:
cb e jAAAj 4,Z,
eLe4x,c/c-i-Iveli
ebecca Huerta Dan McGinn
City Secretary Interim Development Services Director
THE STATE OF TEXAS §
§
COUNTY OF NUECES §
This instrument was signed by Rebecca Huerta, Citycr ary, for th City,of Co
Christi, Texas, and acknowledged before me on the o k day of` ' V k - )t us
IL__
2016.
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Nota Publi6, State 0 exas it _ ._ - - - - - - - - l C
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sT:,.E GF TEXAS ► sr encu ......k)
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THE STATE OF TEXAS §
SECRET4R
§
COUNTY OF NUECES §
This instrument was signed by Dan McGinn, Interim Development Service motor, for
t i�y of corpus Christi, Texas, and acknowledged before me on the 11 "day of
,W(JV , 2016.
/vvkr/� ' �\ TANYA ROJAS
���"VVV / My Commission Expires
ry ublic, tate Of Texas ,, , ''`V/ October 15, 2017
APPROVED AS TO FORM: This 1 day of 0c to d-tv- , 2016.
-014/CA 61//2/Ct
Assistant City Attorney
For the City Attorney
Arterial Tran and Grid Main Reimb Agmt JCL Properties-Lewis &Cook Addition Block 1, Lot 1 vFinal
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VOLUME Ina,PAGE 15'(D.R.N.C.r) le
FbYroE Jl D/,I• h p ANO KENO A PCRTIIXJ(Y Ir W-�� OF
J1S,D� " TRAGI' 2 LEWIS & COOK
]wtNq.i CEN«+,N T100T ROW \ CON1Y DOSNNT DOC.No.2003057437(0.P.R N.C.T.)
IaNRRNT No.20,50.4314 CC6t5F RR CO SURVEY,ABSTRACT No. 1005 JUL 12h5
1. 4. �I 13COMMISSION ADDITION
-�
TN�aau11IENr Yea .\ . 20'U.E. 2.555 ACRES OUT BOF A PORTION 00'TRACT TWO &TH
A 1' E
AS RECORDED IN VOLUME 1838. PAGE 151 D,R,N.C,T.
.QY .,. AND BEING A PORTION OF TRACT 1 4 2 AS RECORDEDINDOCUMENT
&"s SITUATED BJ THE GC&SF RR CONo. 50.P.R.N.C.T. T No. 1005
a¢-1 \ S 2S'N'23°E CORPU5 CHRISTI, NUECES COUNTY,TEXAS
° i •
29.E _ CRAIG
LEWIS
I
\ JCL PROPERTIES
%' �-• yp. twat 90W IS'U.E.- P.O. OX 4666
rR (-IN]YRMNT .
` I .A. my"TX 77605
CEORCE F.P500k.it. '1001 ROW p5C-% //' T DIM: CRAIG6-6240 COM
PN(TK)776-6245
A, �,tea,it I-•- ` a4 40artlB�efIBY�E-' FX:(Pn)n4_3ow
PORTION OF TRACT THREE >?U7r1 . - \,.----j -TEDDY ROW Disc ^7(. '� r , FIUNWE:0513FP10 SCME:'.50'
CALLED 11.062 ACRES T 9
VOLLOE X6]6.PAGE 151 D.R.N.C.1.> �•17• W /` r_ SUBMRTEO DATE:5/26/16 --
GCASF RR CO SURVEY,ABSTRACT Nil.1005 S 6448'37 w �"'�Y� "!� 3800 S.H.No.6 SOUTH,STEL 108G<77R45>-- -
'.00T RDW DISC- 40.35' I . ' POST OFFICE BOX 9253
No'AA ,51 `'411 • COLLEGE STATION,TEXAS 77842 Dpyyy BY AAM. CHECKED BY:
S 74'51'10.4' tt!I.4 4°ti 'N' I 4.t.1,-.71„
� h(, EMAIL:civi rnacn neer.can
Ri FTLDDRAM FMK:N/A NOM N/A
81.84' S'\F'Dv-•rR NEONATE v OFFICE•(979)764-0704 RME CONSULTING ENGINEERS
moo LDDAnu -Y \ tiY 0 �, FAX-(979)764-0704 CUENT NO. PROJECT NO.
\\\Y TEXAS FIRM REGISTRATION No.F-4695 157 - 0513
0..1..14.:4 4
APPLICATION FOR WATERLINE REIMBURSEMENT
We, JCL PROPERTIES, a Texas General Partnership, P.O. Box 4868, Bryan, Texas,
77805, owners and developers of proposed Lewis & Cook Addition (Block one, Lot 1),
hereby request reimbursement of $44,147.00 for the installation of the water 12" PVC, in
conjunction with said lot, as provided for the City Ordinance No. 17092. $41,747.00 is the
construction cost, including 5.44% Engineering and Surveying, in excess of the
lot/acreage fee, as shown by the cost su•porting documents attached herewith.
d_a 1-7—Vi
Craig %wis, Managing `artner Date
JCL P'OPERTIES
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
This instrument was acknowledged before me onU I t
?It ,
2016, by
Craig J. Lewis (Name), Partner (Title), of
JCL PROPERTIES, a Texas General Partnership, a Texas Corporation, on behalf
of the said corporation
- - - - - - - - I I i 04, LcAU
� KELLEY MARIE BOHNERT 1 V
, ,i, Notary Public,State of Texas 1 Nota 'ubI c Mn and for the State of Texas
l , . ' My Commission Expires
t \I:Ci Y SEPTEMBER 1,2018
1
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 Arterial Grid Main Trust Fund, and
(b) Appropriation and approval by the City Council.
, 4..--i----- __ e-). 12 2-1 4
Development Services Engineer (Date)
APPLICATION FOR WATERLINE CREDIT
We, JCL PROPERTIES, a Texas General Partnership, P.O. Box 4868, Bryan, TX 77805,
Craig J. Lewis of proposed Lewis & Cook Addition (Block one, Lot 1), hereby apply for
$0.00 credit towards the water lot/acreage fee for the installation of the water type of line
as provided for by City Ordinance No. 17092. $44,147.00 is the construction cost,
including 5.44% Engineering and Surveying, as shown by the cost supporting documents
attached herewith.
iiii:' ,did-ejilte4 --.9 2A GR 97/
Craig . ewis, Managing Partner Date
JCL PROPERTIES
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
This instrument was acknowledged before meon OU IVC 411- ,
2016, by Craig J. Lewis (Name), Partner (Title),
of Name of Company, a Texas Corporation, o •ehalf of the s id cot-.•ra 'on.
liti
4001' I 1 1 '--4- Ity -'
_ _ Nota 'ubli• in .nd �or.the State of Texas
a�—.P�� KELLEY MARIE BOHNERT
' /.`" " public,State of Texas
�.� Notary r
/.; *l My Commission Expires
J,. may;
I
, •"/ SEPTEMBER 1,2018,
Gvhihit 0 Dano 0 of 0
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1-12.(NA GATE VALVE tr BOM . 1-IT.6'(W)TEE (YJ)PLW ` I
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EVEHLT DEFLECT PPE AS :'1 +-BTANBARo FIRE 4440165644 M r, ' ZRI SUBSTANTIALLY
RE0'o ALONG BARREL OF V 1-12-(LU)cArz VALVE a BORE
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M. MORI RADIUS III-sW) YM1FA Wi NSTALL Sel P Oi 1S•Pvc W
EMTEIO�45 LE Cr (I SIEEL CERTA-I.pc LO(5-5 .061i =U
CASING['OPEN-Nn o/r WALL ANTER PPE a-SBD.V,41 c3 CONSTRUCTION
THCRNE s)./12•PVC ./CASx1G SPACERS tr fNll SENs G 7128/15
LOC..LOJOINTEMISTMG 36.1 GASWG HEAL ./
CARRIER PPE IC-900.OR 14)
./CASA SPACERS tr END SEALS CONSTRUCTION DRAWINGS
THIS
--. +80239PNa 64.04
ISSUED PRIOR TO THOS
1 ,�IP..�� DATE ARE REPLACED BY
I W ' 12NPN1.FE- THIS SET!SHOULD NOT
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SCALE I_30.
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w o T E
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I 3 1 (.. L'. CLIENT No. PROJECT"0.
9+00 10+00 I 11+00 L 12 00 , 134-00 ;1 r ``__-- 157 — 0513
14.00 15+00 16+00 17+00 .
WATER UNE "W10 — PROFILE VIEW — STA. 8+85 to END C2.1
"V Pi. Ir'-]O"'
SHEET 5 ce 0
Exhibit 3 Page 1 of 2
•
(STA.1127.99..,WATER AR UNE'VIA
IAi_ `r \ 'it
211.0921w E!W1W,e2 141.0•21.+
luramulsm MT
STA 9,30 27 WA.UNE'WIC CgIb1i120010,TAUS ma
f , ` MAIL uhY�WAi.�s
*= IS(NJ)2S'BEND 1+� r a� m)waM
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90 26Y1a1i19/.rO w1M5
goyy 912100111O11.
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(SII SHEET C21) /
STA 1MpOOp WZ1EP MNE'W.A' f(
.R'(MJ).S STA�R1b.al WATER uNf'1210'
2-t2'GATE VALVES W t1BIF5
TIE N.2.1115000 AT WATER UNE
WIA
1_12•IYJ)RW 1-12•.12•(4J)TEE ` ,} SUBSTANTIALLY
2-It GATE 1K1.5.SAGES COMPLETE
Za / ISSUED FOR
CONSTRUCTION
_(W� � 7128115
(.) /` Dayton),signed by CONSTRUCTION DRAWINGS
Ratna S.Pottumutho, ISSUED PRIOR TO THIS
... MpI, DATE ARE REPLACED BY
SET&STOP! a DN:cn"Ratna S. THIS DE USED FOR NOT
�}dlluerdu wp Pottumutho,P.E.. CONSTRUCTION
tw .
yet la ..o. onDeveIopment +"��,s,s4
'" '-""— ServRes ou"Clts,of
email=ratnap@cctexas.
o-us
WATER UNE "W1 A" — PLAN VIEW — STA. 0+00 to END Date
:2016.07.01
1419:55-05'00'
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0 00 1+00 2+00 3+00 /►/�
WATER UNE "W1A" — PROFILE VIEW — STA. 0+00 to END C2.1 A
vTHr ._, SHEET 5A OF R
Exhibit 3 Page 2 of 2
ENGINEER'S COST ESTIMATE w/PARTICIPATION
LEWIS & COOK ADDITION
BLOCK 1, LOT 1
2.55 ACRES OUT OF A PORTION OF TRACT TWO & THREE AS RECORDED IN VOLUME 1838,
PAGE 151 (D.R.N.C.T.)AND BEING A PORTION OF TRACT 1 & 2 AS RECORDED IN
DOCUMENT No. 2003057437 (O.P.R.N.C.T.) SITUATED IN THE GC&SF RR CO SURVEY,
ABSTRACT No. 1005
CORPUS CHRISTI, NUECES COUNTY, TEXAS
WATER LINE IMPROVEMENTS
UNIT TOTAL
NO., DESCRIPTION QUANTITY UNIT COST COST
GENERAL CONSTRUCTION ITEMS
1 Mobilization, Construction Staking, All Required 1 LS $14,242.00 $14,242.00
Testing &Trench Safety
2 Traffic Control Measures 1 LS $9,740.00 $9,740.00
3 Hydro-Seeding (All Disturbed Areas) 1 LS $7,200.00 $7,200.00
4 Miscellaneous Erosion Control Measures (i.e. Filter 1 LS $3,200.00 $3,200.00
Fence, Bar-Ditch Protection, etc...)
5 Gravel Patch for Existing Driveway 23 SY $50.00 $1,150.00
6 Road Bore (Wet)w/18" Steel Casing (Sch 40) 75 LF $225.00 $16,875.00
SUB-TOTAL = $52,407.00
WATER LINE IMPROVEMENTS
7 12" PVC Water Line (C900, DR14) 1,057 LF $82.00 $86,674.00
8 12" PVC Water Line (CertaLok: C900, DR14) 283 LF $82.00 $23,206.00
w/Casing Spacers & End Seals
9 8" PVC Water Line (C900, DR14) 1631 LF $76.00 $123,956.00
10 8" PVC Water Line (CertaLok: C900, DR14) 269 LF $72.00 $19,368.00
w/Casing Spacers& End Seals
11 6" PVC Water Line (C900, DR14) 109 LF $72.00 $7,848.00
12 Non-Structural Backfill Installation (All Water Line 2700 LF $5.00 $13,500.00
Sizes)
Exhibit 4 Page 1 of 5
. j .
ENGINEER'S COST ESTIMATE w/PARTICIPATION
13 Structural Backfill Installation (All Water Line Sizes) 97 LF $11.00 $1,067.00
14 Tie into Existing Water Line 3 EA $1,085.00 $3,255.00
15 Standard Fire Hydrant Assembly 8 EA $4,865.00 $38,920.00
16 12" (MJ) Gate Valve & Box 12 EA $2,300.00 $27,600.00
17 8" (MJ) Gate Valve& Box 10 EA $1,529.00 $15,290.00
18 6" (MJ) Gate Valve & Box 9 EA $1,030.00 $9,270.00
19 12" x 12" (MJ) Cross 1 EA $2,500.00 $2,500.00
20 12" x 12" (MJ) Tee 5 EA $2,000.00 $10,000.00
21 12" x 8" (MJ)Tee 1 EA $1,500.00 $1,500.00
22 8" x 8" (MJ) Cross 1 EA $1,450.00 $1,450.00
23 12" x 6" (MJ) Tee 3 EA $1,700.00 $5,100.00
24 8" x 8" (MJ)Tee 1 EA $1,250.00 $1,250.00
25 8"x 6" (MJ) Tee 3 EA $1,090.00 $3,270.00
26 12" x 8" (MJ) Reducer 2 EA $1,500.00 $3,000.00
27 8" x 6" (MJ) Reducer 2 EA $770.00 $1,540.00
28 12" (MJ)45 deg Bend 6 EA $1,450.00 $8,700.00
29 12" (MJ)22.5 deg Bend 2 EA $1,300.00 $2,600.00
Exhibit 4 Page 2 of 5
l+Il•I .1r7 f1 r.i' C110
• r ,
•
ENGINEER'S COST ESTIMATE w/PARTICIPATION
30 12" (MJ) 11.25 deg Bend 2 EA $1,200.00 $2,400.00
31 8" (MJ)45 deg Bend 6 EA $835.00 $5,010.00
32 8" (MJ) 22.5 deg Bend 2 EA $610.00 $1,220.00
33 8" (MJ) 11.25 deg Bend 2 EA $575.00 $1,150.00
34 6" (MJ) 22.5 deg Bend 1 EA $450.00 $450.00
35 12" (MJ) Plug 3 EA $800.00 $2,400.00
36 8" (MJ) Plug 2 EA $350.00 $700.00
37 2" Service Tap& Meters 1 LS $2,440.00 $2,440.00
_ xxv‘x,,11 SUB-TOTAL= $426,634.00
ESTIMATED CONSTRUCTION COST= $479,041.00
% •
* * �l CONTINGENCY= $51,099.40
11111111111111r 41. SURVEYING = $600.00
� 1_� �.•
Itr ��� ENGINEERING = $1,800.00
••. _ NON-CONSTRUCTION COST= $2,400.00
t�� (4' GRAND TOTAL = $532,540.40
RME Consulting Engineers
TEXAS FIRM REGISTRATION No. F-4695
POST OFFICE BOX 9253
744e%??Jrre
COLLEGE STATION,TEXAS 77842
OFF/FAX: (979)764-0704
•
♦ E-mail: civil@rmengineer.com
Estimates and projections prepared by RME Consulting Engineers relating to construction costs and schedules.operation and maintenance costs,equipment
characteristics and performance,and operating results are based on this office's experience,qualifications and judgment as a design professional. Since RME
has no control over weather.cost and availability of labor.material and equipment,labor productivity,construction contractor's procedures and methods,
unavoidable delays,construction contractor's methods of determining prices,economic conditions,competitive bidding or market conditions and other
factors affecting such estimates or projections.this office does not guarantee that actual rates,costs.performance,schedules.etc..will not vary from estimates
and projections prepared by the Engineer of record.
Exhibit 4 Page 3 of 5
!'`r-11 DC7 /IG 1'] Cno
•
• ! • i
•
•
ENGINEER'S COST ESTIMATE w/PARTICIPATION
LEWIS& COOK ADDITION
BLOCK 1,LOT 1
2.55 ACRES OUT OF A PORTION OF TRACT TWO&THREE AS RECORDED IN VOLUME 1838,PAGE 151(D.R.N.C.T.)AND BEING A PORTION
OF TRACT 1&2 AS RECORDED IN DOCUMENT No.2003057437(O.P.R.N.C.T.)SITUATED IN THE GC&SF RR CO SURVEY,ABSTRACT No.
1005
CORPUS CHRISTI,NUECES COUNTY,TEXAS
UNIT TOTAL
NO. DESCRIPTION QUANTITY UNIT COST COST
GENERAL CONSTRUCTION ITEMS
1 Mobilization, Construction Staking, All Required 1 LS $1,500.00 $1,500.00
Testing&Trench Safety
2 Traffic Control Measures 1 LS $750.00 $750.00
3 Hydro-Seeding (All Disturbed Areas) 1 LS $750.00 $750.00
SUB-TOTAL= $3,000.00
WATER LINE IMPROVEMENTS
4 12" PVC Water Line (C900, DR14) 226 LF $82.00 $18,532.00
5 Non-Structural Backfill Installation (All Water Line 226 LF $5.00 $1,130.00
Sizes)
6 Tie into Existing Water Line 1 EA $1,085.00 $1,085.00
7 12" (MJ) Gate Valve& Box 4 EA $2,300.00 $9,200.00
8 12"x 12"(MJ)Tee 2 EA $2,000.00 $4,000.00
9 12"(MJ)45 deg Bend 2 EA $1,450.00 $2,900.00
10 12"(MJ)22.5 deg Bend 1 EA $1,100.00 $1,100.00
11 12"(MJ) Plug 1 EA $800.00 $800.00
........ SUB-TOTAL= $38,747.00
c;, ; �tl
ESTIMATED CONSTRUCTION COST= $41,747.00
•
*:•• • ,, 1 SURVEYING = $600.00
• ENGINEERING = $1,800.00
i NON-CONSTRUCTION COST= $2,400.00
� < :.�•� �
•'• 'r E `� GRAND TOTAL = $44,147.00
I"II xx... RME Consulting Engineers
TEXAS FIRM REGISTRATION No.F-4695
POST OFFICE BOX 9253
C _ COLLEGE STATION,TEXAS 77842
OFF/FAX: (979)764-0704
E-mail: civil@rmengineer.com
CD1-157-0513-E07 1 of 2
Exhibit 4 Page 4 of 5
ENGINEER'S COST ESTIMATE w/PARTICIPATION
Estimates and projections prepared by RME Consulting Engineers relating to construction costs and schedules,operation and maintenance costs,equipment
characteristics and performance,and operating results are based on this office's experience,qualifications and judgment as a design professional. Since RME
has no control over weather,cost and availability of labor,material and equipment,labor productivity,construction contractor's procedures and methods,
unavoidable delays,construction contractor's methods of determining prices,economic conditions,competitive bidding or market conditions and other
factors affecting such estimates or projections,this office does not guarantee that actual rates,costs,performance,schedules,etc.,will not vary from estimates
and projections prepared by the Engineer of record.
CD1-157-0513-E07 2 of 2
Exhibit 4 Page 5 of 5
INSURANCE REQUIREMENTS
CONTRACTOR'S LIABILITY INSURANCE
A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained
and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to
commence work until all similar insurance required of the subcontractor has been so obtained.
B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with
applicable policy endorsements showing the following minimum coverage by an insurance company(s)
acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General
Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable
policies.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-Day Notice of Cancellation required on all Bodily injury and Property Damage
certificates or by policy endorsement(s) Per Occurrence /aggregate
COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence
1. Broad Form $2,000,000 Aggregate
2. Premises—Operations
3. Products/Completed Operations Hazard
4. Contractual Liability
5. Broad Form Property Damage
6. Independent Contractors
7. Personal and Advertising Injury
8. Professional Liability (if applicable)
9. Underground Hazard (if applicable)
10. Environmental (if applicable)
BUSINESS AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit
1. Owned
2. Hired &Non-owned
3. Rented & Leased
WORKERS' COMPENSATION Which Complies With The Texas Workers'
(for paid employees) Compensation Act And Paragraph II Of
This Exhibit.
EMPLOYER'S LIABILITY $500,000/$500,000/ $500,000
PROPERTY INSURANCE Contractor shall be responsible for insuring all owned,
rented, or leased personal property for all perils.
C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with
copies of all reports of such accidents within ten (10) days of the accident.
Exhibit 5 Page 1 of 3
,
H. ADDITIONAL REQUIREMENTS
A. Contractor must obtain workers' compensation coverage through a licensed insurance company in
accordance with Texas law. The contract for coverage must be written on a policy and endorsements
approved by the Texas Department of Insurance. The coverage provided must be in amounts
sufficient to assure that all workers' compensation obligations incurred will be promptly met. An"All
States endorsement shall be included for Companies not domiciled in Texas.
B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract,and any
extension hereof,at Contractor's sole expense, insurance coverage written on an occurrence basis,by
companies authorized and admitted to do business in the State of Texas and with an A.M.Best's rating
of no less than A- VII.
C. Contractor shall be required to submit replacement certificate of insurance to City at the address
provided below within 10 days of the requested change. Contractor shall pay any costs incurred
resulting from said changes. All notices under this Article shall be given to City at the following
address:
City of Corpus Christi
Attn: Risk Management
P.O. Box 9277
Corpus Christi, TX 78469-9277
(361) 826-4555- Fax #
D. Contractor agrees that with respect to the above required insurance,all insurance policies are to
contain or be endorsed to contain the following required provisions:
• List the City and its officers,officials,employees,volunteers,and elected representatives as additional
insured by endorsement, or comparable policy language, as respects to operations, completed
operations and activities of,or on behalf of,the named insured performed under contract with the City.
• The "other insurance" clause shall not apply to the City of Corpus Christi where the City is an
additional insured shown on the policy;
• Workers'compensation and employers' liability policies will provide a waiver of subrogation in favor
of the City; and
• Provide thirty (30) calendar days advance written notice directly to City of any suspension.
cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days
advance written notice for nonpayment of premium.
E. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at
any time during this contract. Failure to provide and to maintain the required insurance shall constitute
a material breach of this contract.
F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain
any insurance or policy endorsements to the extent and within the time herein required,the City shall
have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which
become due to Contractor hereunder until Contractor demonstrates compliance with the requirements
hereof.
Exhibit 5 Page 2 of 3
• .
G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may
be held responsible for payments of damages to persons or property resulting from Contractor's or its
subcontractor's performance of the work covered under this agreement.
H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to
any insurance or self insurance carried by the City of Corpus Christi for liability arising out of
operations and completed operations and activities under this agreement.
I. It is understood and agreed that the insurance required is in addition to and separate from any other
obligation contained in this agreement.
Exhibit 5 Page 3 of 3
• . .
6. City of Corpus Christi,Texas
Department of Development Services
City ofP.O.Box 9277
Corpus Christi,Texas 78469-9277
Corpushi (361)826-3240
Located at: 2406 Leopard Street
(Corner of Leopard St.and Port Ave.(
sairi =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".
NAME: C L Fra Pt ( Its
STREET: ,,21ST'' �sR 30 CITY: Cclllr Q- S i?sl‘11) ZIP: 77s' 5
FIRM is: ❑Corporation [Partnership ❑ Sole Owner "t]Association ❑ 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)
/ /
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%or more of the ownership in the above named "firm".
Name Board, Commission, or Committee
ATR
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
1/4
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: CrQ t-5 J L'wi's Title: IcI ttfrer
(Print)
Signature of Certifying Person:et ,,(z_ Date: 7/a r//(
K:\DEVELOPMENTSVCS'SHARED,LAND DEVELOPMEN C MINISTRATIOMAPPLICATION FORMS\FORMS AS PER LEGAL1012\DISCLOSLRE OF INTERESTS Paae 1 of 2
STATEMENT!27.12.DOC _ . .. .. _
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". Legal 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.
K:IDEVELOPMENTSVCS'SH.ARED'LAND DEVELOPMENTORDIN.ANCE.ADMINISTRATION`APPLTC.ATION FORMS\FORMS AS PER LEG.AL,.20121DISCLOSURE OF INTERESTS
STATEMENT!2712.DOC - . .. ,. - pmrye 7 "f 1
• v
•
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1 of 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2016-75865
JCL PROPERTIES
BRYAN, TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 06/23/2016
being filed.
City Of Corpus Christi Datet Ack owledgedq )'-'b'
3 Provide the identification number used by the governmental entity or state agency to track or identify the dontract,and provide a
description of the services,goods,or other property to be provided under the contract.
Lewis&Cook, Block 1, Lot 1
Application for water line reimbursement
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Cook, Scott BRYAN, TX United States X
Lewis, Craig BRYAN,TX United States X
Lewis, James Bryan,TX United States X
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear,or affirm,under penaltyof per, ry,that the above disclosure is true and correct.
�•�*Y pll
_
i \ Notary Public,State of TexaseA---
My Commission Expires i="
•' SEPTEMBER 1,2018 • of authori ed agent of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE
Sworn to and subscribed before me,by the saidInt V . LewI S ,this the 23rd day of �JtA ,
20 1 ,to certify which,witness my hand and seal of of Ca.
1019/1._ — MARIE .-kVetieti}g /�r _er administering oath Printed me of officer administering oath t �� .1. : 'offic�' pcgACM 1
7 S
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021