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1997-367AN ORD][NANCE 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 w~shes to participate ~n the cost of overslz~ng a water hne to be designed, installed, and constructed by D R Cameron and Assocmtes, Inc, m an amount not to exceed etghty-s~x thousand seven hundred and s~xty dollars ($86,760), m 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 m h~s absence, the Mayor Pro Tam, is authorized to execute a Water Mmn Cost Part~c~pation Agreement between the City and D R Cameron and Associates, Inc for the overs~mg of an e~ght (8) ~nch water line to sixteen (16) ~nches, substanttally in the form of the attached A~reement, which ~s made a part of th~s ordinance for all purposes, subject to D R Cameron and Associates, Inc entenng into a Development Contract with the City, m accordance w~th Chapter 34 of the Code of Ordinances of the C~ty of Denton SECTION II. That the City Manager is hereby authorized to make the expenditures as set forth m the attached Agreement SECTION III. That tbas ordinance shall become effective unmedmtely upon ~ts passage and approval PP~SSED AND APPROVED th~s the/~~-~f day of'-~~, 1997 ATT~'ST i JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY THE STATE OF TEXAS § WATER MAIN COST PARTICn~ATION AGREEMENT BETWEEN THE CITY OF COUNTY OF DENTON § DENTON AND CAMERON & ASSOCIATES WHERE , ..................... , hereafter referred to as Developer, whose business address ts 2300 Hl~hland Village RoadsHlghland Village, Texas 75067, washes to develop and improve c'~taln real property named Bent Creek Estates, Phase (as shown m Extublt I, attached hereto and incorporated hereto by reference), located m the City of Denton, Texas or its extratem- tonal jurisdiction, and is required to provide such property with adequate collection capacity by deslgmng, constructing and installing a water line of a rmmmum reside diameter of eight inches (8"), hereafter referred to as "required facilities," and WHEREAS, the City of Denton, Texas, a mumclpal corporation located at 215 East McKmney, Denton, Texas 76201, hereafter referred to as "City," m accordance with its ordinances, washes to partmlpate m the cost of the construcUon and mstallatmn of sand water mare to provide for an "oversized" water mare to expand its utthty system and insure adequate utility service to other customers, NOW, THEREFORE, m conslderauon of the mutual pronnses and covenants contained hereto, Developer and City agree as follows 1 Developer shall design, install and construct a sixteen inch (16") water mann and all necessary appurtenances thereto, hereafter referred to as "oversized faclhtms, 16," located as shown on Extublt 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 begnmmg constmcuon of the oversized facflltms Tins Development Contract is attached hereto as Exl'nblt 1TI and incorporated herein by reference Tins Agreement is subject to and governed by ti'ns Development Contract and any other applicable ordinances of City 3 Prior to begmmng construction of the oversized facfllues, Developer shall obtain, at Developer's sole cost and expense, all necessary permits, licenses and easements The easements, deeds and plats therefor obtanned by Developer shall be reviewed and approved as to form and substance by City prior to the begnmmg of construction If Developer is unable to acqmre needed easements, Developer shall provide City w~th any requested documentauon of efforts to obtain such easements, including evidence ofnegouaUons and reasonable offers made to the affected property owners Any easements for the oversized facilities obtained by the Developer shall be assigned and dedacated 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 agannst any adverse clanm made against such title 4 City's share in the cost of the oversized facilities, based upon the &fference in the cost of installing required facilities, as detemuned by Oty, 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 followmg methods to determine City's share of the cost a) Developer shall prepare plans and specifications and furnish them to City Developer shall also obhun payment and performance bonds in accordance with Chapter 34 of the Code of Ordinances of the City of Denton City shall competitively b~d the reqmred line and the oversized facthtles an accordance w~th 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 pamclpatlon m cost as specified in this Agreement, or b) Developer shall prepare plans and specffications and take bids on the reqmred hne and the oversized facihties City shall pay Developer the least mount of the following (1) The dafference in the b~ds for the required hne and the oversized faclhties, (2) Tturty percent of the bid on the oversized facilities, as provided for ~n TEX LOC GOV'T CODE §212 072, or (3) $86,760 00, the maximum participation cost allowed here~n City shall not, in any case, be liable for any add~tional cost because of delays in begmmng, contmumg 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 condalons, differences m the calculated and actual per lmear 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, specffied or unspecified, relating to the construction of the oversized facilities 5 Within tturty (30) days of the acceptance of the facilities by C~ty, Developer shall submit to City's Director of Utfltues the actual cost of the oversized faclhties Should the actual cost ofthe oversized facflmes be less than the cost upon which C~ty'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 facihtaes and the determined cost for required facilities To determme the actual cost of the oversized facilities, City shall have the right to mspect any and all records of Developer, his agents, employees, contractors or subcontractors and shall have the right to reqmre Developer to summit any necessary information, documents, invoices, receipts or other records to verify the actual cost of the oversized facihtles 6 Wltlun sIXty (60) days of the date Developer submits satisfactory documentation of the actual cost of the oversized facilities, as determined by City, C~ty 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 g~ven or made pursuant to ttus al~=ment by the parties hereto, shall be sent to Developer at the business address g~ven above and to the D~rector of Utihlles for C~ty at the address g~ven above $. Developer shall lndemmfy end hold City, lis officers and employees harmless from any and all claims, damages, loss or habillty of any land whatsoever, by re~son of injury to proper/y or person occaswnad by any act or onusswn, neglect or wrongdoing of Developer, lis officers, al/ents, employees, mwtoe, contractors or other persons w~th regard to the performance oftlus agreement, and Developer will, at ~ts own cost and expense, defend and protect City against any and all such clauns and demands 9. If Developer docs not begin substantial construction of the overslzed facflmes vatlun twelve (12) months of the effective date of execution oftlus agrecment, tlus agreement shall tenm- nate, unless a wntten extension of this agreement ns approved by both partles 10 Th~s instrument, including the exiub~ts attached hereto, emboches the whole agreement of the parties hereto and there are no prormses, terms, conditions or obhgat~ons other than those contained or mcorporatad hereto Ttus agreement shall supersede all previous commumcat~ons, rep- resentat~ons or agreements, either verbal or written, bctwcen the parhes hereto 11 This agreement shall not be assigned by Developer without the express written consent of Oty 12 Any and all stats for any breach ofth~s contract, or any other su~t pertaining to or arising out of this agreement, shall be brought and maintained m a court of competent.ltmsd~c~on m Denton County, Texas Executedtl s, the dayof ,1997 ATTEST CITY OF DENTON, TEXAS WATER MAIN PARTICIPATION AGREEMENT / CAMERON & ASSOCIATES PAGE 3 ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT PROUTY, CITY ATTORNEY e/ WATER MAIN PARTICIPATION AGREEMENT / CAMERON & ASSOCIATES PAGE 4 EXHIBIT I 16 INCH WATERL BENT CREEK ESTATES PHASE I BENT CREEK ESTATES OVERSIZED FACILITIES EXHIBIT II