HomeMy WebLinkAbout1987-1031794L
AN ORDINANCE APPROVING A CONTRACT FOR THE CITY'S PARTICIPATION IN
THE COST OF INSTALLING AN OVERSIZED WATER MAIN, AUTHORIZING THE
MAYOR TO EXECUTE THE CONTRACT, APPROVING THE EXPENDITURE OF FUNDS
THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City of Denton wishes to enter into an agreement
to participate in the cost of providing an oversized water main,
and
WHEREAS, the Code of Ordinances requires that the City Council
approve all expenditures $10,000 or more and Section 2 09 of the
City Charter requires every act of the Council providing for the
expenditure of funds or for the contracting of indebtedness shall
be by ordinance, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the City Council hereby approves
Main 'participation Agreement, attached hereto, between
and Texas Instruments, Inc to provide for the City'
patron in the cost of providing an oversized water
accordance with said agreement and the Mayor is hereby
to execute the agreement on behalf of the City
the Water
the City
s partici-
main in
authorized
SECTION II That the City Council authorizes the expenditure
of fun s in t e manner and amount as specified in the agreement
SECTION III That this ordinance shall become effective
imme late y upon its passage and approval
PASSED AND APPROVED this Me) day of , 1987
NS D AYOR
RAY ST ,
CITY 0 DENTON, TEXAS
ATTEST
JEN kS, CITY SECR TARY
LIT F DE TON, TEXAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY '_W_-
1794L
THE STATE OF TEXAS S
COUNTY OF DENTON S
WATER MAIN COST PARTICIPATION AGREE-
MENT BETWEEN THE CITY OF DENTON AND
TEXAS INSTRUMENTS, INC
WHEREAS, Texas Instruments, Inc , hereafter referred to as
"Developer," whether one or more, whose business address is P 0
Box 22S214 MS 399, Dallas, Texas 7S26S, wishes to develop and
improve certain real property located in the City of Denton, Texas
or its extraterritorial jurisdiction, and is required to provide
such property with adequate water by designing, constructing and
installing a water main of a minimum inside diameter of twelve
inches (12"), hereafter referred to as "required facilities", and
WHEREAS, the City of Denton, Texas, a municipal corporation
located at 215 E 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 system and insure adequate utility service to
other 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 located threto,
hereafter referred to as "oversized facilities,",
shown on Exhibit A, attached hereto and incorporated herein by
reference
2 Prior to beginning construction of the oversized facil-
ities, Developer shall enter into a Development Contract, as
required by Appendix A of the Code of Ordinances of City This
agreement shall be subject to and governed by such Development
Contract, which is incorporated herein by reference, and any
other applicable ordinances of City
3 Prior to beginning construction of the oversized facil-
ities, Developer shall obtain, at Developer's sole cost and
expense, all necessary permits, licenses and easements If
easements are needed, the deeds therefore obtained by Developer
shall be reviewed and approved as to form and substance by City
prior to the beginning 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 effected property owners Any easements for the oversized
facilities obtained by the Developer shall be assigned to City,
if not taken in City's name, prior to acceptance of the over-
sized facilities, and Developer warrants clear title to such
easements and will defend City against any adverse claim made
against such title
4 The City's share in the cost of the oversized facilities,
based upon the difference in the cost of installing required
facilities, as determined by City by public bids on the same or
similar projects on a per linear foot basis, and the cost of the
oversized facilities, as determined by the City, based upon the
amount of a bid from the lowest responsible bidder on the same or
similar oversized facilities, shall be in an amount not to exceed
Fifty -Four Thousand Three Hundred Dollars ($54,300 00), and 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 thirty (30) days of the acceptance of the facil-
ities by the City, Developer shall submit to the 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
on which the City's share was determined, the 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 submit any necessary informa-
tion, documents, invoices, receipts or other records to verify
the actual cost of the oversized facilities
6 Within thirty (30) days of the date the Developer has
submitted satisfactory documentation of the actual cost of the
oversized facilities, as determined by City, City shall pay to
Developer its share of the cost thereof
7 All notices, payments or communications to be given or
made pursuant to this agreement by the parties hereto, shall be
sent to Developer at the business address given above and to the
Director of Utilities for the City at the address given above
8 Developer shall indemnify and hold City harmless from any
and all claims, damages, loss or liability of any kind whatso-
ever, by reason of injury to property or persons occasioned by
any act or omission, neglect or wrongdoing of Developer, its
officers, agents, employees, invitees, contractors or other
persons with regard to the performance of this agreement, and
Developer will, a its own cost and expense, defend and protect
City against any and all such claims and demands
WATER MAIN COST PARTICIPATION AGREEMENT/TEXAS INSTRUMENTS, INC
PAGE 2
9 If Developer does not begin substantial construction of
the oversized facilities within twelve (12) months of the
effective date of this agreement, this agreement shall terminate
10 This instrument embodies the whole agreement of the parties
hereto and there are no promises, terms, conditions or obligations
other than those contained herein This agreement shall super -
cede all previous communications, representations or agreements,
either verbal or written, between the parties hereto
11 This agreement shall not be assigned by Developer without
the express written consent of City
12 Any and all suits for any breach of this contract, or any
other suit pertaining to or arising out of this contract, shall
be brought and maintained in a court of competent jurisdiction in
Denton County, Texas
Executed this the day of 1987
TE S INSTRUMENTS, INC ,
DEVELOPER
ATTEST
A66-r SECRETARY
BY
Lewis Wlahan
Vice President
Corporate Staff
CITY Or DENTON, TEXAS
BY
RAY ST'P NS
ATTEST
JENN R 1A RS, CITY SECRE ARY
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY
WATER MAIN COST PARTICIPATION AGREEMENT/TEXAS INSTRUMENTS, INC
PAGE 3
LOOP 288
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CITY of DENTON
MEMORANDUM
DENTON, TEXAS 76201
TO Jennifer Walters, City Secretary
FROM Gay Racina, Utility Administration
DATE October 2, 1987
RE Certificate of Actual Cost from Texas Instruments, Inc
----------------------------------------------------------------
Attached hereto is the Certificate of Actual Cost from Texas
Instruments, Inc to be filed as a part of the water line
participation agreement passed by the City Council and executed
with Texas Instruments on June 2, 1987
Please attach to the associated participation agreement
Gay Racina
Utility Administration
kkn
Attachment
cc Srini Sundaramoorthy
5063U 3
Dave Hamm
City of Denton
215 E McKinney
Dent I n, TX 76201
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IONTRA7rORS CERt ICATION
I _ John Miller
the t d rsianed upon oath do depose and say ^hat I
have full knuwl dge of the above and foregoing Acwtmt
that the said atrount ra lust, correct due and according
to law and that the amount claimed after allowing all
just credits is now due and wholly unpaid And that I
am auchonred to make this affidavit, so help me God
CI.AISfANT Btll I azelwood, Inc
B1
Subscribed and sworn to before me
August 25 , 1987 my commission ex-
r, Ao 1 15, 1 89
pRY p
t ry blrc°D�`
4 ianna Step enson
s �
EFR'S CERTIFICATION
or it
I s rti y� Ira- I have checked and verified this Estimate
for the period o' —;ZG
-- — t , — 8,-021B 7 inclusive
t at r the - st d p it kr,)wledxe and belief it is a true
and Corr-c st t ment of work performed and/or ma
t r ass s Ipa K 1 uv the COntuctor � in full accordance
with the term, ind conditions of the Contract
I) iTF
OF PF�htr
ItP%I
c H Eowagos _
i 48294 'W�
Original Cortrtct
Amount
Total Addrhwrs
Total Deductions
Contract as revised
to Date
Total Amount of Work
Done to Date
Materials on Hand
Total Work and
Atateriab
Amount Retained
( 3 Per tent
125,886 25
125,886 25
Balance
125,886
25
Less Previous
Payments
108,529
97
Amount Due On
Contract Esbma e-17,356
28
Days Allowed in
—
Contract
O
mod....
—
Days Consumed This
Estimate
13
Da,s fr�%wi )
Consumed y
Total Di)4 I
Cnnsur ied to flit S y
Drvl Rem um ig
n l on zc