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Home My WebLink About1997-367ORDINANCE NO �//_3(�7 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND D R CAMERON AND ASSOCIATES, INC FOR THE CITY'S PARTICIPATION IN THE OVERSIZING OF A WATER MAIN AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City wishes to participate in the cost of oversizmg a water line to be designed, installed, and constructed by D R Cameron and Associates, Inc, in an amount not to exceed eighty-six thousand seven hundred and sixty dollars ($86,760), in accordance with §34-118(b)(2) of the Code of Ordinance of the City of Denton and TEX LOC GOV'T CODE §212 072, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I. That the Mayor, or in his absence, the Mayor Pro Tem, is authorized to execute a Water Main Cost Participation Agreement between the City and D R Cameron and Associates, Inc for the oversi4ing of an eight (8) inch water line to sixteen (16) inches, substantially in the form of the attached Agreement, which is made a part of this ordinance for all purposes, subject to D R Cameron and Associates, Inc entering into a Development Contract with the City, in accordance with Chapter 34 of the Code of Ordinances of the City of Denton SECTION II. That the City Manager is hereby authorized to make the expenditures as set forth in the attached Agreement SECTION IH. That this ordinance shall become effective immediately upon its passage and approval p PASSED AND APPROVED this the L� day of'Z C , 1997 F J C MILLER, MAYOR ATTFST i JENNIFEI,t WALTERS, CITY SECRETARY BY APPR D AS O LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY A �aheremdnpNA4\Ow Dacumrnu\0rd nmm\c=amn walm main dac THE STATE OF TEXAS § WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF COUNTY OF DENTON § DENTON AND CAMERON & ASSOCIATES -b (L..ntod PKsetcrc,�Sy Tile WHEREAS, 4A Restawas, hereafter referred to as "Developer," whose business address is 2300 Highland Vil]age Road�,Highland Village, Texas 75067, wishes to develop and improve certain real property named Bent Creek Estates, Phase (as shown in Exhibit I, attached hereto and incorporated herein by reference), located in the City of Denton, Texas or its extratem- tonal jurisdiction, and is required to provide such property with adequate collection capacity by designing, constructing and installing a water line of a mimmum inside diameter of eight inches (8"), hereafter referred to as "required facilities," and WHEREAS, the City of Denton, Texas, a municipal corporation located at 215 East McKinney, Denton, Texas 76201, hereafter referred to as "City," in accordance with its ordinances, wishes to participate in the cost of the construction and installation of said water main to provide for an `oversized" water main to expand its utility cvctem And In£11TP AlipmiatP „t.t.r.. tee«.,. *, customers, NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, Developer and City agree as follows 1 Developer shall design, install and construct a sixteen inch (1611) water main and all necessary appurtenances thereto, hereafter referred to as "oversized facilities, 16," located as shown on Exhibit H, attached hereto and incorporated herein by reference 2 As required by Chapter 34 of the Code of Ordinances of the City of Denton, Texas, Developer has entered into a Development Contract prior to beginning construction of the oversized facilities This Development Contract is attached hereto as Exhibit III and incorporated herein by reference This Agreement is subject to and governed by this Development Contract and any other applicable ordmances of City 3 Prior to beginning construction of the oversized facilities, Developer shall obtain, at Developer's sole cost and expense, all necessary permits, licenses and easements The easements, deeds and plats therefor obtained by Developer shall be reviewed and approved as to form and substance by City prior to the begmning of construction If Developer is unable to acquire needed easements, Developer shall provide City with any requested documentation of efforts to obtain such easements, including evidence of negotiations and reasonable offers made to the affected property owners Any easements for the oversized facilities obtained by the Developer shall be assigned and dedicated to City, if not taken in City's name, prior to acceptance of the oversized facilities, and Developer warrants clear title to such easements and will defend City against any adverse claim made against such title 4 City's share in the cost of the oversized facilities, based upon the difference in the cost of installing required facilities, as detemnned by City, and the cost of the oversized facilities, as determined by City, shall be in an amount not to exceed eighty-six thousand seven hundred dollars WATER MAIN PARTICIPATION AGREEMENT / CAMERON & ASSOCIATES PAGE 1 and no cents ($86,760 00) City may elect one of the following methods to determine City's share of the cost a) Developer shall prepare plans and specifications and furnish them to City Developer shall also obtain payment and performance bonds in accordance with Chapter 34 of the Code of Ordinances of the City of Denton City shall competitively bid the required line and the oversized facilities in accordance with Chapter 252 of the Texas Local Government Code The difference in the bids shall be used to determine City's share, subject to City's maximum participation in cost as specified in this Agreement, or b) Developer shall prepare plans and specifications and take bids on the required line and the oversized facilities City shall pay Developer the least amount of the following (1) The difference in the bids for the required line and the oversized facilities, (2) Thirty percent of the bid on the oversized facilities, as provided for in TEX LOC GOWT CODE §212 072, or (3) $86,760 00, the maximum participation cost allowed herein City shall not, in any case, be liable for any additional cost because of delays in beginning, continuing or completing construction, changes in the price or cost of materials, supplies, or labor, unforeseen or unanticipated cost because of topography, soil, subsurface, or other site conditions, differences in the calculated and actual per linear feet of pipe or materials needed for the oversized facilities, Developer's decision as to the contractors or subcontractors used to perform the work, or any other reason or cause, specified or unspecified, relating to the construction of the oversized facilities 5 Within thuty (30) days of the acceptance of the facilities by City, Developer shall submit to City's Director of Utilities the actual cost of the oversized facilities Should the actual cost of the oversized facilities be less than the cost upon which City's share was determined, City's share of the cost shall be reduced proportionally, on a per linear foot basis, based upon the difference of the actual cost of the oversized facilities and the determined cost for required facilities To determine the actual cost of the oversized facilities, City shall have the right to inspect any and all records of Developer, his agents, employees, contractors or subcontractors and shall have the right to require Developer to summit any necessary information, documents, invoices, receipts or other records to verify the actual cost of the oversized facilities 6 Within sixty (60) days of the date Developer submits satisfactory documentation of the actual cost of the oversized facilities, as determined by City, City shall pay to Developer City's share of the cost thereof WATER MAIN PARTICIPATION AGREEMENT / CAMERON & ASSOCIATES PAGE 2 7 All notices, payments or communications to be given or made pursuant to tins agreement by the parties hereto, shall be sent to Developer at the business address given above and to the Director of Utilities for City at the address given above 8. Developer shall indemnify and hold City, its officers and employees harmless from any and all claims, damages, loss or liability of any kind whatsoever, by reason of mjury to property or person occasioned by any act or omission, neglect or wrongdoing of Developer, its officers, agents, employees, mvitee, contractors or other persons with regard to the performance of this agreement, and Developer will, at its own cost and expense, defend and protect City against any and all such claims and demands 9. If Developer does not begin substantial construction of the oversized facilities within twelve (12) months of the effective date of execution of tins agreement, this agreement shall termi- nate, unless a written extension of this agreement is approved by both parties 10 This instrument, including the exhibits attached hereto, embodies the whole agreement of the parties hereto and there are no promises, terms, conditions or obligations other than those contained or mcorporated herein This agreement shall supersede all previous communications, rep- resentations or agreements, either verbal or written, between the parties hereto of City 11 This agreement shall not be assigned by Developer without the express written consent 12 Any and all suits for any breach of this contract, or any other suit pertaining to or ansing out of this agreement, shall be brought and maintained in a court of competentlunsdiction in Denton County, Texas Executed this, the L day of �, 1997 GALSL^7ON0. A00l1/�TATTO /%,I Cv��d j�sS�e cis r.4 ATTEST BY J& CITY OF DENTON, TEXAS BY WATER MAIN PARTICIPATION AGREEMENT / CAMERON & ASSOCIATES PAGE 3 ATTEST JENNIFER WALTERS, CITY SECRETARY BY � )Q Q APPR ED A TO LEGAL FORM HERBERT PROUTY, CITY ATTORNEY i BY v P\-hmd\depNAL\Dor Daummb\Conb \bew creek water doe WATER MAIN PARTICIPATION AGREEMENT / CAMERON & ASSOCIATES PAGE 4 FA EXHIBIT 1 u 16 INCH WATERLINE 9 •ems, � 09 to ti&A . i- BENT CREEK ESTATES PHASE 1 2 BENT CREEK ESTATES OVERSIZED FACILITIES EXHIBIT 11