23-1274ORDrNANCE NO. 23-1274
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPALCORPORATION, RATIFYING A LETTER AGREEMENT BETWEEN THE CITY OF
DENTON AND ZACHRY CONSTRUCTION CORPORATION, TO REIMBURSE INTERNALPOINT REPAIR AND ADDITIONAL MAINTENANCE FOR MAYHILL ROAD PHASE ONE:PROVIDING FOR THE RECEIPT OF FUNDS THEREFOR IN THE NOT-TO-EXCEED
AMOUNT OF $17,564.20; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, City staff executed a contract with Zachry Construction Corporation
(“Zachry”) to reimburse the City of Denton for internal point repair and additional maintenancefor the Mayhill Road Phase 1 Project; and
WHEREAS, on June 16, 2023, Staff executed a letter agreement detailing thereimbursement; and
WHEREAS, this procurement was undertaken as part of the City’s governmental
function; and
WHEREAS, the City Council finds that the action taken herein is in the public interest;NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The City Council hereby ratifies the letter agreement executed June 16, 2023attached hereto.
SECTION 3. The City Council delegates the authority to the City Manager, or their
designee, to take any actions that may be required or permitted to be performed by the City of
Denton under such letter agreement to the City Manager or their designee, including but not limited
to accepting the reimbursement as described therein.
SECTION 4. This ordinance shall become effective immediately upon its passage andapproval.
The motion to approvq this ordinance was made by JLJ9k£_ andsecondedby B1 h- J ,,: Ch-s ' P\t G ,L . This ordinan i was pa;d bythe following vote U -a :
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck. District 2:
Paul Meltzer. District 3 :
Joe Holland. District 4:
Brandon Chase McGee, At Large Place 5:
Chris Watts, At Large Place 6:
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PASSED AND APPROVED this the )) dayof 2023
SPETH, MAYOR
ATTEST:
JESUS SALAZAR, CITY SECRETARY \\\\\\\PIll if
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
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ou=City of Denton,MaMmm
Digitally signed by MarcellaLunn
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nton.com. c=USDate: 2023.06.29 20:5493
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DocuSign Envelope ID: 2CDA4C62-92694BD2-901A-29A2225441 FB
CAPITAL PROJECTS
401 N. Elm Street, Denton, TX 76201 • (940) 349-8910DENTON
June 16, 2023
Sent Via Email, DocuSign, and Certified Mail to-.
Gary Doty, Vice President
Zachry Construction Corp
502 West Oakdale
Grand Prairie, Tx 75050
Office: 972-400-4306
Cell: 972-670-5502
Email Gary .Doty@Zachrycorp.com
Re:Letter Agreement re: Internal Point Repair and Additional Maintenance
Mayhill Road Phase 1 (PMO No.: 880021/Bid 8091)
Dear Mr. Doty:
This letter agreement serves to memodalize the discussions between City of Denton (“City”) and Zachry
Construction Corporation (“Zachry” or “Contractor”) regarding the Construction Agreement dated June
27, 2017 (this “Letter Agreement”).
City has agreed to perform a point repair and increase maintenance to address issues identified by City at
the cost ofZachry. The issues are outlined below (the “Issues”):
a.
b.
C.
d.
Line SS-03 Station 10+58: No wye at service, comes in at 90 degree angle. (City does not
require modifications)
Line SS-03 Station 12+02: No wye at service, comes in at 90 degree angle. (City does not
require modifications)
Line SS-01 Station 2+66: The joint near 434.6’ needs a point repair. (City Crews will fix
this at cost of $1,904.20)
Line SS-01 Standing water exceeding one-half inch in two locations. City Crews will
perform the routine maintenance at cost of $15,660.00.
Zachry hereby agrees to pay City $17,564.20 to remedy the City-identified issues referenced above. This
payment will constitute accord and satisfaction of all obligations and claims the City has against Zachry
and those for whom it is responsible arising out of, resulting from or in any way related, to the above
Issues as specifically set forth above. This Letter Agreement does not constitute a waiver of any additional
OUR CORE VALUES
Inclusion • Collaboration • Quality Service • Strategic Focus • Fiscal Responsibility
www.cityofdenton.com TDD (800) 735-2989ADA/EOE/ADEA
DocuSign Envelope ID: 2CDA4C62-92694BD2-901A-29A2225441 FB
concerns or issues on the project except those specifically set forth or relating to the Issues. Upon approval
by City Council, Zachry will remit payment to City within five (5) business days.
Best regards,
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Trevor Crain, Director, Capital Projects
Acknowledgement of Receipt:
Contractor hereby acknowledges receipt of this Letter Agreement. Contractor agrees that the method of
delivery of this letter is acceptable and waives any requirement to provide notice to Contractor by any other
another method. Contractor also acknowledges that they have sufficient authority to enter into this Letter
Agreement with the City of Denton.
Gary Doty, Vice President
Zachry Construction Corp