HomeMy WebLinkAboutC2019-532 - 9/24/2019 - Approved e I�
DISTRIBUTION MAIN EXTENSION CONSTRUCTION
AND REIMBURSEMENT AGREEMENT
STATE OF TEXAS §
COUNTY OF NUECES §
This Water Distribution Main Extension Construction and Reimbursement Agreement
("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule
municipality, and Mrs. Esther Ybarra.
WHEREAS, the Developer/Owner, in compliance with the City's Unified Development
Code ("UDC"), has a plat, approved by the Planning Commission on May 15, 2019 to develop a
tract of land, to wit: approximately 9.04 acres known as Ybarra Terrace Lot 1, Corpus Christi
Texas as shown in the attached Exhibit 1, the content of such exhibit being incorporated by
reference into this Agreement;
WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the
distribution main extension ("Distribution Main Extension");
WHEREAS, it is to the best interest of the City that the Distribution Main Extension be
constructed to its ultimate capacity under the City's applicable Master Plan;
WHEREAS, Section 8.5.1.C.2. of the UDC authorizes the acceptance of applications to
be eligible for reimbursement in the future when certain funds become fully available in the
Distributions Main Trust Fund and are appropriated by the City Council; and
WHEREAS, the Developer/Owner has submitted an application for reimbursement of the
costs for installing the Distribution Main Extension, as shown in Exhibit 2, the content of such
exhibit being incorporated by reference into this Agreement.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
in this Agreement, the parties do covenant and agree as follows:
1. TRUSTEE LIABILITY. The City is executing this agreement as trustee of the Water Trust
Fund pursuant to UDC §8.5. The City is acting as trustee to further its governmental functions of
providing water and sewer service. Texas Constitution Article 11, Section 3 prohibits the City
from becoming a subscriber to the capital of any private corporation or association, or make any
appropriation or donation to the same, or in anywise loan its credit. As such, the City's
participation as Trustee does not create a loan of its credit. Execution of this agreement
constitutes a promise to pay only to the extent that the assets and future assets of the trust are
sufficient for such purpose and it is expressly agreed that any judgment will only be satisfied out
of the assets of the trust and not out of the City's assets. The City is excluded from personal
liability.
2. REQUIRED CONSTRUCTION. Developer/Owner shall construct the Distribution Main
Extension in compliance with the City's UDC, the City's Infrastructure Design Manual, and all
local, state and federal laws, codes and regulations, in accordance with the plans and
specifications submitted to the City's Development Services Department and reviewed and
approved by the City's Development Services Engineer.
SCANNED
3. PLANS AND SPECIFICATIONS.
a. Developer/Owner shall contract with a professional engineer registered and licensed
in the State of Texas, acceptable to the City's Development Services Engineer, to
prepare and seal plans and specifications for the Distribution Main Extension, as shown
in the attached Exhibit 3, the content of such exhibit being incorporated by reference
into this Agreement, with the following minimum requirements:
1. 16-inch HDD, 200 liner feet
2. 16-inch diameter steel casing, 200 liner feet
3. 8-inch Fusible PVC water distribution line, 200 liner feet
4. 8-inch diameter Cross, one (1) each
5. 8-inch stub-outs/plugs, three (3) total
6. Fire hydrant, one (1) each
7. Labor for 10 days
8. Hot Tap (LS)
9. Vacuum Trailer (LS)
10. Mobilize (LS)
b. The plan must be in compliance with the City's master plans.
c. The plans and specifications must comply with the City's Water Distribution
Standards Detail Sheets and Standard Specifications.
d. Before the Developer/Owner starts construction, the plans and specifications must be
approved by the City's Development Services Engineer.
4. SITE IMPROVEMENTS. Prior to the start of construction of the Distribution Main Extension,
the Developer/Owner shall acquire and dedicate to the City the required additional public utility
easements ("Easements"), if any, 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/Owner is unable to acquire the Easements through reasonable efforts, then the City
may use its powers of eminent domain to acquire the Easements. Developer will be responsible
for cost of acquisition, payable from the reimbursement agreed to in this agreement.
5. PLATTING FEES. Developer/Owner shall pay to the City the required acreage fees and pro-
rata fees as required by the UDC.
6. DEVELOPER/OWNER TO AWARD CONTRACT FOR IMPROVEMENTS. Developer/Owner
shall award a contract and complete the Distribution Main Extension, under the approved plans
and specifications, by August 30, 2020.
7. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract.
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8. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in
performing their duties and 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.
9. DEFAULT. The following events shall constitute default:
a. Developer/Owner fails to engage a professional engineer for the preparation of plans
and specifications by the 10th calendar day after the date of approval of this Agreement
by the City Council.
b. Developer/Owner's professional engineer fails to submit the plans and specifications
to the City's Director of Engineering Services and to the Development Services Engineer
by the 40th calendar day after the date of approval of this Agreement by the City
Council.
c. Developer/Owner fails to award a contract for the construction of the Distribution Main
Extension, according to the approved plans and specifications, by the 70th calendar day
after the date of approval of this Agreement by the City Council.
d. Developer/Owner's contractor does not reasonably pursue construction of the
Distribution Main Extension under the approved plans and specifications.
e. Developer/Owner's contractor fails to complete construction of the Distribution Main
Extension, under the approved plans and specifications, on or before August 30, 2020.
f. Either the City or the Developer/Owner otherwise fails to comply with its duties or
obligations under this Agreement.
10. 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
sufficient 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 the Developer/Owner fail to perform any obligation or duty of this Agreement,
the City shall give notice to the Developer/Owner, at the address stated in section 11, of
the need to perform the obligation or duty and, should the Developer/Owner 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 the
Developer/Owner by reducing the reimbursement amount due to the Developer/Owner.
e. In the event of an uncured default by the Developer/Owner, after the appropriate
notice and Cure Period, the City has all its common law remedies and the City may:
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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; and/or
3. Perform any obligation or duty of the Developer/Owner under this Agreement
and charge the cost of such performance to the Developer/Owner. The
Developer/Owner shall pay to the City the reasonable and necessary cost of the
performance within 30 days from the date the Developer/Owner receives notice
of the cost of performance. In the event the Developer/Owner 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/Owner has all its remedies at law or in equity for such default.
11. 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; epidemics; 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 claiming force majeure
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.
12. 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/Owner:
Mrs. Ester Ybarra
5873 Hall Avenue
Corpus Christi
Texas, 78408
2. If to the City:
City of Corpus Christi
Attn: Director, Development Services Department
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Reimbursement Agreement Template Version 5-1-18
2406 Leopard Street 78401
P. O. Box 9277
Corpus Christi, Texas 78469-9277
with a copy to:
City of Corpus Christi
Attn: Assistant City Manager, Business Support Services
1201 Leopard Street 78401
P. O. Box 9277
Corpus Christi, Texas 78469-9277
b. Notice must be made 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 the address for notices by giving notice of the change under
the provisions of this section.
13. THIRD-PARTY BENEFICIARY. Developer/Owner's contracts with the professional
engineer for the preparation of the plans and specifications for the construction of the
Distribution Main Extension, contracts for testing services, and contracts with the contractor for
the construction of the Distribution Main Extension must provide that the City is a third-party
beneficiary of each contract.
14. PERFORMANCE AND PAYMENT BONDS. Developer/Owner shall, before beginning the
work that is the subject of this Agreement, furnish a performance bond if the contract is in
excess of $100,000 and a payment bond if the contract is in excess of $50,000. Bonds
furnished must meet the requirements of Texas Insurance Code 3503, Texas Government Code
2253, and all other applicable laws and regulations. The performance or payment bond must
name the City as an obligee. The bond must clearly and prominently display on the bond or on
an attachment to the bond:
(1) the name, mailing address, physical address, and telephone number, including the
area code, of the surety company to which any notice of claim should be sent; or
(2) the toll-free telephone number maintained by the Texas Department of Insurance
under Subchapter B, Chapter 521, Insurance Code, and a statement that the address of
the surety company to which any notice of claim should be sent may be obtained from
the Texas Department of Insurance by calling the toll-free telephone number.
15. WARRANTY. Developer/Owner shall fully warranty the workmanship of and function of the
Distribution Main Extension and the construction thereof for a period of one year from and after
the date of acceptance of the facilities by the City's Director of Engineering Services.
16. REIMBURSEMENT.
a. The maximum reimbursable amount pursuant to UDC §8.5.1. C.2. is
$108,450.00. The maximum reimbursable amount for the Distribution Main
Extension less $6,499.76 lot/acreage fee credit is $101,950.24 Subject to the
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conditions for reimbursement from the City Developer Participation Funds and
the appropriation of funds, the City will reimburse the Developer/Owner the
reasonable actual cost of the Distribution Main Extension up to an amount not to
exceed $101,950.24 as shown in the attached Exhibit 4, the contents of such
exhibit being incorporated by reference into this Agreement.
b. The City agrees to reimburse the Developer/Owner on a monthly basis upon
invoicing for work performed. The submitted invoice shall be deemed
administratively complete by the City prior to payment. The reimbursement will
be made within 30 days from the date of the City's administrative approval of the
invoice in accordance with state law.
c. Cost-supporting documentation to be submitted shall include:
1. Summary of Costs and Work Performed Form provided by the Development
Services Department
2. Contractor and professional services invoices detailing work performed
3. The first reimbursement request requires submittal of invoices for work
performed. Future disbursements shall provide evidence of payment by the
developer/owner through a cancelled check or bank ACH for the previous
submittal. The final reimbursement request shall require evidence that all
invoices to date have been paid.
d. To be eligible for reimbursement, the work must be constructed in a good and
workmanlike manner, in accordance with the approved plans and specifications,
and in compliance with the City's Infrastructure Design Manual, and all other
local, state and federal laws, codes and regulations, and must have been
inspected and accepted by the City.
The final 5% of the total contract reimbursement amount will be held as retainage
until such time the City issues acceptance of public infrastructure in accordance
with Unified Development Code.
e. In the event that this Agreement is terminated by the City as a result of an
uncured default by the Developer/Owner and at a time when there has been a
partial completion and/or partial payment for the improvements, then the City
shall only reimburse the Developer/Owner 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 the uncured default occurred.
17. PAYMENTS, CREDITS AND DEFERRED REIMBURSEMENT. All payments, credits,
priority of reimbursement, and deferred reimbursement shall be made in accordance with UDC
§8.5. Developer/Owner understands and agrees that if funds are not available in the Water
Distribution Main Trust Fund, that reimbursement will not be made until such funds are
available, appropriated, and this Agreement has priority per UDC §8.5.1. C.
18. INDEMNIFICATION Developer/Owner 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
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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/Owner'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, 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/owner 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.
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(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.
19. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may
not be assigned by the Developer/Owner to another without the written approval and consent of
the City's City Manager.
20. DISCLOSURE OF INTEREST. Developer/Owner agrees, in compliance with the Corpus
Christi Code of Ordinance Sec. 2-349, to complete, as part of this Agreement, the Disclosure of
Interests form attached hereto as Exhibit 5.
21. EFFECTIVE DATE. This Agreement becomes effective and is binding upon and inures to
the benefit of the City and the Developer/Owner and their respective heirs, successors, and
assigns from and after the date of final execution by all parties.
22. DEDICATION OF DISTRIBUTION MAINS. Upon completion of the construction, dedication
of Distribution Main Extension will be subject to City inspection and approval.
23. CERTIFICATE OF INTERESTED PARTIES. Developer/Owner agrees to comply with
Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested
Parties as part of this agreement.
Form 1295 requires disclosure of "interested parties" with respect to entities that enter contracts
with cities. These interested parties include:
(1) persons with a "controlling interest" in the entity, which includes:
a. an ownership interest or participating interest in a business entity by virtue of
units, percentage, shares, stock or otherwise that exceeds 10 percent;
b. membership on the board of directors or other governing body of a business
entity of which the board or other governing body is composed of not more than
10 members; or
c. service as an officer of a business entity that has four or fewer officers, or service
as one of the four officers most highly compensated by a business entity that has
more than four officers.
(2) a person who actively participates in facilitating a contract or negotiating the terms of a
contract with a governmental entity or state agency, including a broker, intermediary,
adviser or attorney for the business entity.
Form 1295 must be electronically filed with the Texas Ethics Commission at
https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed,
signed, notarized and filed with the City. For more information, please review the Texas Ethics
Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html.
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Reimbursement Agreement Template Version 5-1-18
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24. CONFLICT OF INTEREST. Developer/Owner agrees to comply with Chapter 176 of the
Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required.
For more information and to determine if you need to file a Form CIQ, please review the
information on the City Secretary's website at http://www.cctexas.com/qovernment/city-
secretary/conflict-disclosure/index
25. 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.
Remainder of page intentionally left blank; signature page to follow.
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191
EXECUTED IN ONE ORIGINAL this day of tort , 2019.
ATTEST: CI ORPUS CHRISTI
Re ecca Huerta MR!
City Secretary Director If Development Services
For City anager
AU? LT J. 90(raz=44k0 tit
APPROVED AS TO LEGAL FORM:
AU 1 MUKIL'
r3v4aii/L
Buck Brice' (Date)
n 051—J4-2616(
Assistant City Attorney
For City Attorney SECRETARv
By: E--2 _
Ester Ybarra
Owner
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on (LS- .- , 2019, by
Mrs. Esther Ybarra, owner.
Notary Public's Signature
Ol�'AY••n,G�; ULTRA V PENA
°
:' . ;; NOTARY PUBLIC
State of Texas
'•.'�pF.`. Comm.Exp.12-02-2019
Standard Form Distribution Main
Reimbursement Agreement Template Version 5-1-18
I-, .. AA ..0 AA
PLAT OF •
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zo )-'04, YBARRA TERRACE -,4:k4 /
• LOT 1 x � /�
AUXILIARY CABANLAND NG ISS AFIELD • 0 O ipN�'P�
BEING A TRACT OF A LAND BEING OUT OF 7, SONE / "-.�,e
LOT 5, SECTION 12,AND LOT 1, SECTION 18 �� `
OF THE BOHEMIAN EO48 LANDS RECORDED, UNITED STATES SAMERICA
IN VOLUME 'A", PAGE 48, MAP RECORDS, BOHEMIAN SEX ST vD OF 2.99 ACRES our V \
NUECES COUNTY, TEXAS AND MORE mimeo® OF Lm 5 SECTION 12.
PARTICULARLY DESCRIBED IN DOC/396013 CMASN i D/890043 DAN.C.T. _
DEED RECORDS OF NUECES COUNTY,TEXAS; O+a+0otm1 _ no 1
CONTAINING 9.04 ACRES. '<''.--.,8-� �' \74-'
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— MENDEZ CRUZ ET ux EVANGEL
BOHEMUN COLONY LANDS
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STATE OF TEXAS § - n � 0'
COUNTY OF NUECES § 1 \., LOT /0f �,.�y� \
I, ESTHER CASTILLO YBARRA, HEREBY CERTIFY THAT I AM THE OWNER OF THE , \ 9,0.4 ' t 'i, \ J
PROPERTY SHOWN HEREON, FREE OF ALL DENS,THAT I HAVE HAD SAID PROPERTY `N \
SURVEYED AS SHOWN FOR THE PURPOSES OF DESCRIPTION AND DEDICATION.ALL UNITED STATES NAVAL E
UTILITY EASEMENTS AND RIGHTS-OF-WAY ARE DEDICATED TO THE PUBUC FOR THE BOHEMIAN COLONY LANDS,221 94 ACRES
HOUT OF LOTS 5 THOU B.SE ON 12 OPERATION & MAINTENANCE OF PUBUC STREETS AND URLMES. /
• THIS THE DAY_OF 2019. \ V. 1
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THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY -� 00 ft Vi 1 ---___—_ •4"a ry
EST1HEftCASTIuo YBARRA �� GBOOF�C ZONE AE r von
THIS THE_DAY OF 2019. '�— ._ — _► '�Ftt00DW�''Y ___..1
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STATE OF TEXAS §
NOTARY PUBUC IN AND FOR THE STATE OF'TEXAS COUNTY OF NUECES § STATE OF TEXAS §
THE FINAL PLAT OF THE HEREIN DESCRIBED PROPERTY WAS APPROVED BY THE COUNTY OF NUECES §
DEPARTMENT OF DEVELOPMENT SERVICES OF THE CRY OF CORPUS CHRISTI,TEXAS APPROVED BY THE CORPUS CHRISTI-NUECES COUNTY HEALTH DEPARTMENT.
e STATE OF TEXAS § THIS THE_DAY OF 2019.ANY PRIVATE
COUNTY OF NUECES § WATER SUPPLY AND/OR SEWAGE SYSTEM SHALL BE APPROVED BY THE
WIWAM J. GREEN, P.E. CORPUS CHRISTI-NUECES COUNTY HEALTH DEPARTMENT PRIOR TO INSTALLATION.
I, MURRAY BASS, JR., REGISTERED PROFESSIONAL LAND SURVEYOR, HEREBY CERTIFY THAT THE DEVELOPMENT SERVICES ENGINEER
FOREGOING PLAT WAS PREPARED FROM A SURVEY MADE ON THE GROUND UNDER MY DIRECTION
AND IS TRUE AND CORRECT,TO THE BEST OF MY KNOWLEDGE& BELIEF, PUBUC HEALTH ENGINEER
c THIS THE 12th DAY OF APRIL, 2019. DATE
o STATE OF TEXAS § STATE OF TEXAS §
m Ht�ols.raEn,/s / COUNTY OF NUECES § COUNTY OF NUECES §
h:
a • ' / THE FINAL PLAT OF THE HEREIN DESCRIBED PROPERTY WAS APPROVED ON BEHALF OF
MURRAY BASS.JR. THE CITY OF CORPUS CHRISTI.TEXAS BY THE PLANNING COMMISSION.
I, KARA SANDS,CLERK OF THE COUNTY COURT IN AND FOR SAID
Z' 17, 2128 r;`' U V./.. 7T? COUNTY, DO HEREBY CERTIFY THAT THE FOREGOING INSTRUMENT DATED
3 y•;rss 1$ + RE.STEREO PIHOFE5SIONAL LAND SURVEYOR THIS THE DAY OF 2019.
QS NOTES 0 ......
II IIVY. THE_DAY OF 2019 WITH ITS CERTIFICATE OF
AUTHENTICATION,WAS FILED FOR RECORD IN MY OFFICE THE_DAY
1. THE PROPERTY IS ZONED"FR"FARM RURAL OF 2019 AT O'CLOCK_.M.AND DULY RECORDED
ERIC VILLARREAL, P.E. NINA NIXON-MENDEZ, FAICP
THE_DAY OF 2019 AT O'CLOCK_.M. IN THE
2. THE YARD REQUIREMENT,AS DEPICTED,IS A REQUIREMENT OF THE UNIFIED DEVELOPMENT CODE CHAIRMAN SECRETARY
ORDINANCE AND IS SUBJECT TO CHANGE AS THE ZONING MAY CHANGE. MAP RECORDS OF SAID COUNTY IN VOLUME ,PAGE ,
INSTRUMENT NUMBER
O 3. BASIS OF BEARING 15 STATE OF TEXAS,LAMBERT GRID,SOUTH ZONE.NAD 1983. ESTABLISHED BY
STATIC OBSERVATION AND OPUS SOLUTION BY NOS.ELEVATIONS REFER TO NAVD 1988. ��� y� PREPARED BY
ig
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4. THE SUBJECT PROPERTY LIES IN ZONE AE,FLOOD PLAIN BOUNDARIES HAVE BEEN SCALED FROM FEMA ASS al WELSH ENIGDNEERDNIG WRNESS MY HAND AND SEAL OF THE COUNTY COURT IN AND FOR SAID r
N PANEL 48355 C 0510 G DATED OCTOBER 23.2018(DRAFT REVISED PRELIMINARY) I COUNTY AT OFFICE IN CORPUS CHRISTI, NUECES COUNTY, TEXAS, THE
_ 1 CONSULTING ENGINEERS AND SURVEYORS DAY AND YEAR LAST WRITTEN. t+
I 5. THE RECEMNG WATER FOR THE STORM WATER RUNOFF FROM THIS PROPERTY IS THE OSO CREEK. RI; 1 2919 D 3054 SOUTH ALAMEDA STREET 78404 XI
o THE ICES HAS NOT CLASSIFIED THE AQUATIC LIFE USE FOR THE 050 CREEK, BUT IT IS RECOGNIZED U 111 P.O. BOX 6397 78466-6397
AS AN ENVIRONMENTALLY SENSITIVE AREA.THE OSO CREEK FLOWS DIRECTLY INTO THE OSO BAY.THE TELEPHONE: (361) 882-5521 BY:
.. TCEQ HAS CLASSIFIED THE AQUATIC LIFE USE FOR THE OSO BAY AS 'EXCEPTIONAL' AND 'OYSTER PLANNING COMMISSION FACSIMILE: (361)882-1265 DEPUTY COUNTKARA YCOURT �..//
WATERS"PND CATEGORIZED THE RECEMNG WATER AS'CONTACT RECREATION'USE. x
e FIRM REGISTRATION NO. F-52 (ENGINEERING) NUECES COUNTY,TEXAS
a 8. IF THE PROPERTY WERE TO BE SUBDIVIDED,COMPLIANCE WITH THE PUBUC OPEN SPACE REGULATIONS FIRM REGISTRATION NO. 100027-00 (SURVEYING) LU
WILL BE REQUIRED AS APPLICABLE. CORPUS CHRISTI, TEXAS YBARRA TERRACE, LOT 1 SHEET 1 OF 1
APPLICATION FOR WATER DISTRIBUTION MAIN EXTENSION CONSTRUCTION
REIMBURSEMENT
I, Mrs. Ester Ybarra, 5873 Hall Avenue, Corpus Christi Texas 78408, owner and developer of
proposed Ybarra Terrace Lot 1. Corpus Christi Texas(see attached land plan), hereby request
reimbursement of $101,950.24 for the installation of the Water Distribution Main Line Extension
in conjunction with said lot, as provided for by UDC Section 8.5.1.C.2.a. $108,450.76 is the
construction cost, including Engineering and Surveying, as shown by the cost supporting
documents attached herewith.
7 - d %�
Esther Ybarra, Owner Date
* °�e�.• ULTRA V PENA
11; ;;; NOTARY PUBLIC
STATE OF TEXAS
§ Biu "' State of Texas
"�''••� '�•� �
'•' oc +' Comm.Exp. 12-02-2019
COUNTY OF NagA.Nag *71!
ij
This instrument was acknowledged before me on Z.`V �1q by � ��� 6(Q kxUi�1G�
Owner.
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 Water Distribution Main Trust Fund, and
(b) Appropriation and approval by the City Council.
gjveyrY
Dev lopment Service Engineer (Date)
Exhibit 2
APPLICATION FOR WATER LINE CREDIT
I, Mrs. Esther Ybarra, 5873 Hall Avenue, Corpus Christi Texas, 78408, owner and developer of
proposed Ybarra Terrace Lot 1, Corpus Christi, hereby apply for $6,499.76 credit towards the
water system lot fee for the installation of the water distribution mains as provided for by UDC
Section 8.5.1.C.2.a. $108,450.00 is the estimated construction cost as shown by the cost
supporting documents attached herewith.
BY:
Esther Ybarra
Title: Owner
Date: 7— — i y
STATE OF TEXAS Q §
COUNTY OF lv §
This instrument was acknowledged before me on ` gdtkl by Es 6', `1 IO 6'1
Owner of said entity.
.�P'Pie. ULTRA V PENH Ikrj
�1
.,;. NOTARY PUBLIC —erisr`
State of Texas
:!?i.; : Comm.Exp.12-02-2019 Notary Public in and for the State of Texas
?U o JC WA E DMPROV i ,Mit N S
CITY STANDARD SPECIFICATIONS
ME FOLLOWING°TY OF CORPUS CIO.STANDARD SPEOFIAMNS R WHICH c N BE OBTAINED FRDu THE COD L_� RAcE Digitally signed by William
H CORPUSPWW aw6rn RASE M p ///�\\ (] ///�\\ J.Green,P.E.
HTTP.//WWW.CCTEXAS.COM/SERVICES/CONSTRUCTION-AND-PROPERTY-SERVICES/ II B/Ll\RR/!�\ H 9 DN:eenWilliam J.Green,
BUILDING-COMPLUNCE-INF ORMATION/DESIGN-STANDARDS If (� U J �f,f �J(� U �J u
zm FOR mISPROJECT TRAc1R Swu PRNcT POefRoa"GOPIE R n'EsEzFCIInIo vl`aNx AND. .o. P.E.,o=Development
CoNSTRu.BER. HEw ow.EE RE APPLY TO AS BIANDA ME
OF wE_w...OEM WORD"ENGINEER- USED IS SCUD CITY STANDARD sxanunoNs nw.L Oma— Y�_N" '." Cervices,ou=Cityof
REFER To BAss „G O 1 Corpus Illgscctexas,
EAGAVATON AND BACKOLL FOR
oxwv s email=blllg@cctexas.com,
=US
0230. AACIoNC,BORING.TuNNELING 026201 wATER uNE RISER 7.6.5Y 0ate:2019.05.22 15:40:35
026206 DOME IRONI%B
026202 " PRESSURE SYSTEMS -0500
026210 PAC PIPE-ARM C 900 AND c 605
02.02 INSINUATION OF WATER LINES
026409 TAPPING SLEEvES•026411 CATE VALVES FOR WATERLINES
8020 5EEDNcuRvrts
6118 HFTE — '
032020 REINFORCING030020 PoRDAND EILAENT CO ' /
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GENERAL NOTES LOCATION MAP 1'-200'WATER MAP
1. SUBSIDIARY WON:IN THECOURSE Or FURNISHING OR CONSTRUCTING A COMPLETE WORK KxE faa
RPROVEMENT,GERTNN WORK NAY BE NECESSARY W11I0I 15 w AO TO DIE ITEMS QUANTITY ESTIMATE SUMMARY
co„ICARE ESTABLISHED AS PAY HEMS.SOME SUCH SUBSIDIARY WORKoes MMAY BE SHOWN AND CALL BEFORE YOU DIG!
SPECInED IN DETAIL IN THE PVNS AND SPECIFICATIONS,OTHER WORK DAY BE LES
CONFUTELY SHOWN,.WD OTHER SUCH WORK wHICN IS ENTIRELY NECESSARY FOR THEDESCRIPTIONOUNRTTY UMW
SATISFACTORY COMPLETION OE THE WORN AS A wNOLE MAY NOT BE NOTED R THE PVNS R WATER NOTES TOV�1C
IN HE SPECIFIutgNS. BE THE OM OF THE CONTRACTOR TO CARRYOUT RY I ALL SUCH IAML Ao cu. WATER TERAS
v.
SUBSIDWRY WORK AS IF ALLY SHOWN.AND THE COST OF SUCH WORK DIN,BE MADE I KS ALL a AND a WATER FITTINGS PURSUANT TO DUN..51gWH �
SUByDWRT TO THE ESTABLISHED Ar TEM. ON WATER"DETAILBSHEETS IT wAa 811 EN+ a'C900 PVC OR FUSIBLE.00 PVC 3. `
16'00325'SI
3. (880-1 5) T LE NOTIFY THE CITY OF CORPUS CHRISTI CONSTRUCTIONWORK INSPECTOR RP IMPROVEMENTS.
2. PRUNE CAST WON BO PIPE fN1Ex5gH5 WITH CONCRETE AT GTE VALVES TAP G¢REEVE A TAPRNF.GATT VAI VF 1 FA
(880-3555)AT LEAST]WORKING PAYS PRIOR TO BEGINNING ANT WORK ON PUBIIG NPROIMENR. Pu U DETAILS As SHORN. THE LONE STAR B'xfi•TEF PI" FA
THE CITY WATER INSPECTOR MUST BE CONTACTED AT LEAST 18 HOURS BEFORE ANY WORK BEGINS NOTIFICATION COMPANY DRE HYDRANT ASSEMBLY I FA
ON WOEL WATER IMPROVEMENTS. CALL FRED PENN(826-1808)TO GET THE RARE AND NUMBER ]' ENNOuCT RATER ISEPURRSA T NDCMS
TO SHORN.D 2'BLOW-OFF VALVES FOR DUNG ANO AT I-800-669-834/ FA
R THE INSPECTOR WHO WILL BE ASSIGNED 10 THIS PROJECT. Er SDR A IN lin 7 FA
3. ANNE FITTINGS OR
PRIOR
A SHALL NOTIFY ALL APPROPRIATE UTILITY COMPANIES,INCLUDING TEXAS 811,M HOURS 1 FUSIBLE'EC900 DRIB PVC NMC SHALmuNS MULL BE C900 L WOOED w DUCTILE IRON
l0 6•ALL AROUND PIPE.
PRIOR i0 ACTUAL CONSTRUCTION.
S. 'sumo CONTROL PVN FOR.%OOT WILL BE REWIRED FROM TRAFFIC ENGINEERING FOR ALL WORN 5. ALL PuBEC RATER UNE
oRDANcE wan
NEOUREMENTS SET FORTH By CONSTRUCTION
THE ROC mArnRPUS CHRIS WATER dI” NOTES
UBL1C ROW R EASEMENT.ALL WORN AFFECTING T%DOl RIGHT R WAY WILL REQUIRE 1%001 AND PRACTICES.PVC /lf{.//CS'
U EACH
” µAND/OR PERMIT.W APPLICABLE.ALL PERMITS MUST BE ISSUED BEFORE BEGINNING ANY a FIRE NrR.WIS RILL BE LOCKED ONTO VALVE BY USE OF �„ µ LU
WORK IN CABLE IG OF AY OR USEUENT. RETAINER GLANDS R DIP. THE"CRIES ARE PROv1 AO TO LS 50UMEum
CONTRACTOR SHALL NOTIFY THE RA OR NECSNOULD SE VERIFIED
5. CONTRACTOR WIALL PROVIDE OWNER A ONE YEN,GUARANTEE AND AND PAVING.
ST ALL 8 PIPE SHALL RE WO A MINIMuu OE 4 BELOW FINSHED GRADE BY cp TRACT T CN.D SHODLO SOIARE YARDS
DEFECTS TERIALS,WORKMANSHIP COMPACTION EARTH AND A . FOLLOWING SERVICES PRIOR TO SENATE
F.
STEEL
"s'"`
SRN,HAVE 0.375•WNL
iU 6. CONTACTOR IS RESPONSIBLE FOR OBTAINING ALL APPUCARE PERMITS AND PAYING ANY ANY EXCAVATION.
MzAPPLIGBLE FEE.CONDUCTOR SIWL CONTACT CRY DEVELOPUENT OT ALLS i0
OWN ERNE THE REWIRED PERMITS ANO FEES.CONDUCTOR SHALL PAY PERMR FEES AT HIS
7 OWN EXPENSES(No SEPARATE PAY). Texas One Cali: 1-800-245-4545
TRACTOR SHALL PERFORM NO TRENCH EXCAVATIONS IN THE GROUND IN ANY PORTON R THE Southwestern Bell Locate Group 1-800-828-5127
PRROJECT WITHOUT ALL EXISTING UNDERGROUND UORTY LINE STAKED ON THE GROUND(To The Lone Star Notification Company 1-800-669-8344
sw11ENTIFY LOCATION)IN TEE oCINITOF CONTRACTOR'S TRENCHING OPERATIONS.CONTRACTOR
CWSE THE OWNERS OF UTILITY USES TO STARE THEIR UNDERGROUND LINE PRIOR TO ANY
CONSTRUCTION. Texas Excavation Safety System 1-800-344-8377
Y
E B SCMSASPACTUC TOOTUC TS.FPENETRASf,IOR BORES FUNDER RAN`r TP011VorDc ENATION '
PUBLIC WAY THAT HAS BEEN IMPROVED WITH A PAVED SURFACE FOR STREET.SIDEWALK,
SURFACE DRAINAGE,OR RELATED PUBLIC TRANSPORTATION INFRASTRUCTURE
uRPo5E5.PERMIT WILL NOT BE ISS D FOR EXCAVATION INPUBIIC WAY THAT HAS BEEN
CONSTRUCTED.RECONSTRUCTED.REPAID,R ERL
RESURFACED IN THE PRECEDING PERIOD OF ME
S ER.THE DATE R ACCEPTANCE BY THE PUBLIC WORKS CONSTRUCTION R5
a PREPARED BY: DRAWING INDEX
E BASS & WELSH ENGINEERING
3054 SOUTH ALAMEDA ST. , PI 1. COVER
CORPUS CHRISTI, TEXAS 78404 PI 2. UTILITY PLAN
G Y � �'.:';I PI 3. PLAN& PROFILE CO
TEL 381-882-5521
FAX 361-882-1265I,-,4
ENGINEERING FIRM REGISTRATION NO. F-52 PREPARED B��/,� _- —
S SURVEYING FIRM REGISTRATION NO. 10002700 INIPAY ROSS JR.P.E. GATE SHEET A T OF 3
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ou=City of Corpus Christi, $ R
A Texas, SHEET NNO.
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4 Date:2019.05.22 15:41:11 2
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WITH FIRE HYDRANT 'lib5y■ � -Z'�RI` p c�
ASSEMBLY �'� �1 2 I � i-0 p'-rt
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NEW 8"TEE WITH 'kV-
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AND PLUGS TO III — - ,,G. TAPPING
EXTEND TO I II I ' , Y'� +� GATE VALVE
c'''..5 PROPERTY LINES III y'«ao ��'' \''____ ____
ice
�n NEW 8" C900 PVC WATER co at g a+o° Z
IN BOTH _H ti -yy _
DIRECTIONS LOT 1 Z I¢ IC
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LIMITS OF LINE ' I 0 [S• 1�e nm In R
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EXISTING (n B"
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TOP OF PAVEMENT William 1.o,een ee. Q
DN.ce-William 1.Green, m
1' BANK p[n-Development
Sena s,ov=ory of
EXISTING _ _C SD CO3p, n,�stl,Texas,
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8"X6"TEE(FIRE •:�. detigc
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w EXISTING EO 8•C9 - 4 H Q C
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L„.,_5 o _II cl URm(� _. n a LL 2
hilli n h O O ¢
4 IIII Z m m
j i EXISTING O W
III; 16" PVC
W i III I WATER
W.
1 PROFILE �+—' i II 0 n
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PROPOSED 8"X6" CONCRETE
x c.. DRIVEWAY
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EXISTING EXISTING EXISTING t '
Z GROUND TOP OF ASPHALT =, _' 2
O20 :,, -EXIST-INC
PAVEMENT .. EXISTING n f��o�X
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24" RCP _ I —_ "� -
ii 1. EXISTING 16" PG o�9
@ w lialliSTORM(2) _ _— GROUND
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G J SHEET NO.
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m PROPOSED 8"
1 PROPOSED 8" C900 PVC WATER +.
4 TEE WITH STUB I I WITH 16"CASING WITH 0.375"WALL _ "d
$ 0 AND PLUG(2) .... _ „
1 b PROFILE
1:10 BOTH DIRECTIONS
OF 4 SHEETS
Bridges Specialties Inc.
4233 FM62,1 Robstown Tx 78380
361-387-2743 wk 361-387-1769 fax
Jasons!a)brid.esspccialtiesinc.com
Proposal June 5, 2019
Subject: Bohemian Colony Lands
Descri tion of 'ervices •t Unit Price Amount
16" HDD 200' $192.00 $38,400.00
16" Steel Casing 200' $75.00 $15,000.00
8" Fusible PVC 200' $55.00 $11,000.00
Mobilize LS $5,000.00
Labor 10Days $1,650 $16,500.00
Vacuum Trailer LS $4,250.00
Hot Tap (16'x8") LS $5,500.00
Hydrant 1 $4,500 $4,500.00
8" Tee 1 $800.00 $800.00
8" Stub-Outs/Plugs 2 $2,250 $4,500.00
Traffic Control LS $3,000 $3,000.00
. Total $108,450.00
Exclusion: TX DOT Permits
Comments:
This proposal includes labor, material, and equipment to perform,the above described services.
If additional charges for any work not mentioned in the above proposal are needed, a change
order will be written and signed between both parties before the additional work is performed
by Bridges Specialties Inc. This proposal does not include permit fees.
We appreciate your business and look forward to working with you on future projects. Should
you have any questions, or if I may be of further service, please feel free to call me at 361-537-
6698.
9,0,1doo •
f
g-�— �— 7/t I Zot9 `may— 'MURRAY�MURRAY BASS, JR• . o'
dges Specialties Inc. 7 Imo/ l• . 26677
Jason Gordon to o I��ENS'a,,
�ss�•ONA1,
�C
Exhibit 4
I
EpilSLPPLIER NUMBER
TO BE ASSIGNED BYCfl'F—
PURCHASING DIVISION CERTIFICATION
r•Z ro I certify that all information provided is true and correct as of the date of this statement, that I have not
City of CITY OF CORPUS CHRLSTI knowingly withheld disclosure of any information requested;and that supplemental statements will be promptly
Corpus DISCLOSURE OF INTEREST submitted to the City of Corpus Christi,Texas as changes occur.
Christi
City of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seeking to do business with the Certifying Person: .Yb,,,,, Title: 0,4,l<� „>F pe,.pQ.-41 —
City to provide the following information. Every question must be answered. If the question is not applicable, arse ormin
answer with"NA". Sec reverse side for Filing Requirements,Certifications and definitions.
Signature of Certifyingc2p Date:
/t Person: S-fitA. �)6-u� Ig l
R ---------
COMPANY NAME: L�,4rsCr Y6,,.,
P.O.BOX: STREET ADDRESS: sen 14 l[ P,ry DEFINITIONS
CITY: t,Orla,r;Girls}; STATE: Ta ZIP; /slog
FIRM IS: 1. Corporation _ 2. Partnership a 3. Sole Owner Q a. "Board member." A member of any board,commission,or committee appointed by the City Council of the
4. Association _ 5. Other hor iv..-44 e t.tbae.,a rias-b.`anexi City of Corpus Christi,Texas.
DISCLOSURE QUESTIONS b. "Economic benefit". An action that is likelyto affect an economic interest if it is likelyto have an effect on that
If additional space is necessary,please use the reverse side of this page or attach separate sheet.
I.State the names of each"employee"of the City of Corpus Christi having an ownership interest"constituting interest that is distinguishable from its effect on members of the public in general or a substantial segment
3%or more of the ownership in the above named"firm." thereof.
Name Job Title and City Department(if known)
c. "Employee." Any person employed by the City of Corpus Christi,Texas either on a full or part-time basis,
-i! but not as an independent contractor.
d. "Firm." Any entity operated for economic gain,whether professional,industrial or commercial,and whether
2. State the names of each"official"of the City of Corpus Christi having an"ownership interest"constituting 3% established to produce or deal with a product or service,including but not limited to,entities operated in the
or more of the ownership in the above named"firm." form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint
Name Title venture,receivership or trust,and entities which for purposes of taxation are treated as non-profit organizations.
e. "Official." The Mayor,members of the City Council,City Manager,Deputy City Manager,Assistant City
►lnrs r — Managers,Department and Division Heads,and Municipal Court Judges of the City of Corpus Christi,Texas.
3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm,
constituting 3%or more of the ownership in the above named"firm." including when such interest is held through an agent,trust,estate,or holding entity. "Constructively held"
Name Board,Commission or Committee refers to holdings or control established through voting trusts, proxies, or special terms of venture or
partnership agreements."
int g. "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.
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
ti Ong
FILING REQUIREMENTS
If a person who requests official action on a matter knows that the requested action will confer an economic benefit
on any City official or employee that is distinguishable from the effect that the action will have on members of the
public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,
employee or body that has been requested to act in the matter,unless the interest of die City official or employee in
the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics
Ordinance Section 2-349(d))
14)
4-,
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• I
Nueces County
Kara Sands
Nueces County Clerk
*VG-70-2019-2019041108*
Instrument Number: 2019041108
Official Public Records
EXTENSION
Recorded On: October 04, 2019 01:31 PM Number of Pages: 19
" Examined and Charged as Follows: "
Total Recording: $79.00
STATE OF TEXAS
/co�W Y CO(4i, l Nueces County
* �, i� I hereby certify that this Instrument was filed in the File Number sequence on the date/time
�j� ti i printed hereon, and was duly recorded in the Official Records of Nueces County,Texas
,,I,11��OFNUEC� '`-• Kara Sands
�� Nueces County Clerk
Nueces County, TX OK syj000
***********THIS PAGE IS PART OF THE INSTRUMENT***********
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information: Record and Return To:
Document Number: 2019041108 LEGAL DEPT CORPUS CHRISTI
Receipt Number: 20191004000132 P 0 BOX 9297
Recorded Date/Time: October 04, 2019 01:31 PM
User: Brenda R CORPUS CHRISTI TX 78469
Station: CLERK02