2000-039 ORDINANCE NO ~000- 0~
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SEWER MAIN
COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND
KAUFMAN AND BROAD OF DALLAS, INC FOR THE CITY'S PARTICIPATION 1N THE
OVERSIZING OF SEWER MAINS 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 desires to participate in the cost of overslzmg sewer mains to be
designed, installed, and constructed by Kanfman and Broad of Dallas, Inc in an amount not to
exceed Fifty Five Thousand Seven Hundred Eighty Dollars and no cents ($55,780 00), in
accordance with §34-118(b)(2) of the Code of Orchnances of the City of Denton, Texas and
TEX LOC GOV'T CODE §212 072, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ That the City Manager is authorized to execute a Sewer Mmn Cost
Participation Agreement Between the City of Denton and Kaufinan and Broad of Dallas, Inc for
the oversmng of ten (10") inch off-site sewer mmn to fifteen (15") inch and to eighteen (18")
inch sewer reruns, substantially in the form of the attached Agreement, which is incorporated
herewith and made a part of thas orchnance for all purposes, subject to Kaufman and Broad of
Dallas, Inc entenng into a Development Contract with the City of Denton, in accordance with
Chapter 34 of the Code of Orchnances of the City of Denton, Texas
~ That the City Manager is hereby authorized to make the expenditures as
set forth in the attached Agreement
~ That flus ordinance shall become effective lmmedtately upon its passage
and approval
PASSED AND APPROVED thls the /~-~ dayof ~J~dd~ .,2000
JA~ILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
S \Our Documents\OrdlnancosX99~Sewer Ma~n Cost Partlclp Agrmt K&B of Dallas oral doc
THE STATE OF TEXAS §
COUNTY OF DENTON §
SEWER MAIN COST PARTICIPATION AGREEMENT
BETWEEN
THE CITY OF DENTON AND KAUFMAN AND BROAD OF DALLAS, INC
WHEREAS, Kaufman and Broad of Dallas, Inc hereafter referred to as "Developer",
whose bustness address ts 2611 Westgrove, State 101, Carrollton, Texas 75006 wmhes to
develop and ~mprove certain real property named "HICKORY CREEK RANCH" (as shown
tn Exh~btt I, attached hereto and tncorporated herem by reference), located tn thc Ctty of
Denton, Texas or tts extratemtonal junsd~ctton, and ts reqmred to prowde such real property
wtth adequate sewer servme by destgrang, constructmg, extcndmg, and mstalhng a sewer hne
of an ms,de dmmeter of ten mches (10"), hereafter referred to as the "Reqmred Factllttes",
and
WHEREAS, the Ctty of Denton, Texas, a Mumctpal Corporation w~th tts offices
located at 215 East McKmney, Denton, Texas 76201, hereafter referred to as the "Ctty, tn
accordance w~th tts ordinances, w~shes to parttc~pate m thc cost of the constructton and
mstallatton of s0ad sewer mare to pmwde for an "overstzed" sewer mare to expand tts utdtty
system and to ~nsure adequate utlhty servme to other customers,
NOW, THEREFORE, ~n conslderatton of the mutual prom~ses and covenants
contmned herein the Developer and the Ctty AGREE as follows
1 Developer shall destgn, ~nstall, and construct apprommately 1,974 hnear feet of
fifteen (15") ~nch and 1,774 hnear feet of e~ghteen (18") tnch sewer mmns and all necessary
appurtenances thereto, hereafter referred to as the "Overstzed Famhtles" as shown on Exhtbtt
I, attached hereto and incorporated heretn by reference
2 As reqmred by Chapter 34 of the Code of Ordtnances of Ctty of Denton, Texas,
Developer will enter rote a Development Contract prior to begmmng of construction of the
Overstzed Famht~es Ttus Development Contract ts attached hereto as Exhlbtt II and
mcorporated hereto by reference Thts Agreement ts subject to and governed by said
Development Contract and any other apphcable ordtnances of the Ctty of Denton, Texas
3 Prior to beginning of constmctton of the Oversized Factllttes, Developer shall
obtatn, at Developer's sole cost and expense, all necessary permtts, hcenses and easements
The easements, deeds, and plats therefor obtmned by Developer shall be revtewed and
approved as to form and substance by Ctty prior to the beglnmng of constmctton If
Developer ns unable to acqmre needed easements, Developer shall prowde Ctty with any
requested documentation of efforts to obt~un such easements, tnclud~ng evtdence of
negottatlons and reasonable offers made to the affected property owners Any easements for
the Oversized Facdtt~es obtmned by the Developer shall be asstgned to Ctty, tf not taken tn
Ctty's name, prior to acceptance of the Overstzed Factht~es, and Developer warrants clear tttle
to such easements and wall defend Ctty against any adverse claim made against such t~tle
4 C~ty's share tn the cost of the Oversized Facdtt~es Based upon the difference tn
the cost of installing Required Faclhtles, as determined by City, and the cost of the Oversized
Fac~ht~es, as determined by C~ty, shall be ~n an amount not to exceed Fifty F~ve Thousand
Seven Hundred E~ghty Dollars and no cents ($55,780 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 fum~sh them to C~ty C~ty shall
competitively bid the required hne and the Oversized Facilities m accordance with
Chapter 252 of the Texas Local Government Code The difference in the b~ds shall be
used to determine the City's share, subject to C~ty's maximum participation m cost as
specified ~n th~s Agreement, or
b) Developer shall prepare plans and specifications and take bids on the required hne and
the Overslzed Facilities C~ty shall pay Developer the least amount of the following
(1) The d~fference ~n the b~ds for the required hne and the Oversized Fatalities, or
(2) Thirty percent (30%) of the b~d on the Oversized Fac~ht~es as prowded for in
{}212 072 of the Texas Local Government Code or
(3) $55,780 00, the maximum part~c~patton cost allowed herein
The City shall not, in any case, be hable for any additional cost because of delays in
begtnmng, continuing, or completing construction, changes ~n the price or cost of materials,
supphes, or labor, unforeseen or unanticipated cost because of topography, soil, subsurface,
or other s~te eondmons, differences m the calculated and actual per hnear feet of ptpe or
materials needed for the Oversized Fatalities, 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 Facd~ttes
5 The C~ty w~ll make monthly payments for its share of the Oversized Fac~ht~es
The Developer shall submit monthly pay requests on forms provided by the C~ty The
Developer's engineer shall verify that each pay request ~s correct Each pay request, along
w~th the engineer's verification, shall be submitted to the Engmeenng & Transportation
Department of the C~ty The C~ty will retam 10% of the total dollar amount until the project
~s accepted Payment by the C~ty to the Developer w~ll be made w~thm thirty (30) days of
receipt of the pay estimate and the engineer's verification
6 To determine the actual cost of the Oversized Factht~es, C~ty shall have the right
to respect any and all records of Developer, hts agents, employees, contractors or
subcontractors, and shall have the right to require Developer to submit any necessary
~nformat~on, documents, ~nvo~ces, receipts or other records to verify the actual cost of the
Oversized Fac~ht~es
7 All notices, payments or commumcatlons to be g~ven or made pursuant to th~s
Agreement by the parttes hereto, shall be sent to Developer at the bus~ness address g~ven
above and to the Assistant C~ty Manager for Utlht~es for C~ty at the address g~ven above
8 Developer shall mdemmfy and hold C~ty harmless from any and all elmms,
damages, loss or habd~ty of any kind whatsoever, by reason of ~njury to property or person
occasioned by any act or omission, neglect or wrongdoing of Developer, its officers, agents,
employees, lnvttees, contractors or other persons with regard to the performance of this
Agreement, and Developer shall, 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 this Agreement, this
Agreement shall terminate
10 This instrument embodies the entire agreement of the parties hereto and there
are no promises, terms, conditions or obligations other than those contained or incorporated
herein This Agreement shall supersede all previous communications, representations or
agreements, whether verbal or written, between the parties hereto with respect to the subject
matter of this Agreement
11 This Agreement shall not be assigned by Developer without the express written
consent of the City
12 Any and all suits for any breach of this Agreement, or any other stat pertaining
to or arising out of this Agreement, shall be brought in a court of competent jurisdiction in
Denton County, Texas This Agreement shall be governed by and construed in accordance
with the laws of the State of Texas
EXECUTED in duplicate original counterpart_szby the duly-aut~ton, zed officials and officers
of the City and the Developer, on tins the /~;~: day of ~.~/~11/2~
.
2000
CITY OF DENTON, TEXAS
A Texas Mumclpal Corporation /
/~C~L ~ 3E~l]~ MANAGER
ATTEST
3ENNIFER WALTERS, CITY SECKETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
"DEVELOPER"
KAUFMAN AND BROAD OF DALLAS, INC
ATTEST
By
S \Our Docum~nt~\Contmct~\99\Sewer Mare Cost Par~l¢lp Agrmt K&B of Dallas doc
~ 311~-J JO
Vv'he, r~.a~ KAUFMAN & BROAD OF DALL
h~r:af~¢r mf~rmd to as" " ·
OWII~, whos~blA%ul~add~i~ 2611 WESTGROVEr SUITE 101
owner of real pmp~y loca~d in ~ corponue lim~s of ~e CiU of Dcnto~ or
~, O~ ~ m ~v~lop ~ ~p~ ~d ~ developm=nt m~ b~ pc~o~=d
accor~c= ~ ~e apph~le o~{--nc~ of ~ Ci~ of D~to~ hc~ mfe~d to
~ ~ a coa~fioa m ~ b~m.;~ of co~on of ~d ~clopmen%
d:vclo~:a Con~ ~ ~co~c~ ~ Se~ 21~071 of ~: Lo~ Oovc~z Code
[~ Wh~.as, the Owns- e~e~s ~n cons~ru~ th~ Improvements w/thou~ con~r~n~ w~th
· noth~r p~ as p~ne conn-a~or,/n wMch c~e th~ provisions of th~ con~ wMch r~/'~r m
~Owner~ or ~Con~-~or~ sh~l in~n th~ Owner as n~m~d ~ov~ or
~ Wh~r~, th~ Owner e~e~ m ~e such Improv~n~n~ h~.~t~r set ~orth by
whose business ederees is
h~reat~er referred to ,as ~Conn-a~ore, and
Whereas, Owner and Contractor reco.m~ that the CJly Juts an mtere~ in an~uz'mg that the
Improvements subjec~ to this agreement, which will, upon completzon and acceptance by the
City, becoine public property, are properly consmzcmd m accordance w~th 'the City's
speczfic~uens and ti~az payment is made therefor;,
WlTNESSE'I'I-I
As to the Ir.~t~u~,einants to be dedicated to the public, as spec/fled m ~bit A, attached
hereto and incorporated by re~.rence, to be installed and constructed at.. Hi ¢ ff0R¥ CR EE ff
the Owner, Conuactor and City, in cons/clennion of ~ inuma/ promises and covenants
:onmlned hc:~z~, agree as fo/lows:
I. Covenm~t~ ofContract0r. Comza~or agzees as follow~-
(a) ~ To can.m'~ and ~ the Improvements ,- a~ordance w~rh
- PAGE2
the proeedu~s, sp=cifir, afioas and stamtard~ contained ia Division II ami tit of the ~
Standard Snecifi=tions for Public Worlcs Con~=t;on. North Caql~ T~-~- as amandad, and
all addeaclums thereto, and all other ~g~l.~om. ordimmces or sped/icalioas aplolicable to such
Improvements, su~ specifir, adoas, standards, reg~!~_~oas and ora~....~ being expr~sly
incorponued herein by reference and being m,,,~e a pan of tl,~- agreement as though wnnen
hernia.
(b) Authori~, of City l~,!neer:. Ins~eetla..;.. Tests and Ordel's 0wller an,!
~ That all work on the Improvem.cn.ts shall be p~ffonned m a good and
workmanlike manner and to the sausfactioa of the Cii7 Engineer or his representative. The City
Engineer sba/! dc~idc all qu~.~tioas, willch arise as to the quality and acceptability of materials
fim'llshed, work performed, and the/nterpr~t~,on of spec/ficanons Guarantee/'or a period of
one year ~i'om the date offi~d acceptance all work as called for in thc sper. ifiarJon and contract
documrnts to be free fi'om defects in m~ter/als and wort'm.n._~ip. Owner, contractor and their
surety ,~. the ~ase may be sbali remedy any sur. h de£e=s in materials and workma~hip and pay
/'or any damage to the work or to other work guarantee/'or a p~nod of one year from the date o/'
6~! acc=lnance all work as called for in the sp~:~ication and conu~-: documants to be free flora
defects in materials and/or fac/litios which shall appear within one ),ear flora the dam of final
completion and acceptanc~ b7 the CitT.
The Connector shall fur~l, the Cit7 ~ngiaeer or hie represanteuve with ~very
reeso~le faciIh7 for ascenaiaing whether or not the work performed was m accordance with
the speeitications applicable thereto. An7 work done or ,~,,-,~,!_- ,,-ed withou: smteble
inspc~on by the City ,,,~y be ordered rcmov~ and rcp/ac~d at Contractor's cx!o~nse.
Owner, the Contractor and th~ surety on the pcrfonnanc~ bond ~aall and do h~by
O~r, con.tot ~d ~ ~ ~ ~ ~ ~y b~ ~ ~dy ~y ~ def~
~d wor~p ~d pay for ~y ~mage m ~ ~& or to o&~ ~& ~ t~ciiin~
~o Ci~ ~gh~ or ~ d~ ~ p~o~ p~no~c ~pccuo~ of~c
~d sh~l p~o~ a ~ ~cdon ~or m ~ ~& be&g ~d ov~ w ~ Ci~
~d or cond~ ~& or ~ or m lo,ow ~y o&~ ~q~ or o~ of
~ad ~e~O~ Of~ ~ ~ ~ ~ ~ ~e~ ~ f~ ~ not
~q~ a~l~ m ~n ~ ~ for ~ ~ I~6 ofDi~on I of~ ~
S~e~gons for Public W~ C~o~ No~ C.,,~ T.~ ~ ~ ~
- PAGI~ 4
- PAGES
comp/~on of' t~ improvements withouz
~d Con.tot ~ not ~ ~ p~.] ~ ~ s~ for
b~ ~e C;~. ~e 0~= ~I ~ par ~ Con--or ~ =~ o~ ~= Con~ctor
~ b=n pm~ ~ ~ ~d=bt=~ co~d ~ ~ ~ ~d ~l ~m~ of mon~ due for
labor, ~t~, a~, ~ or ~ ~=d ~or
~v~ or ~ ~d m ~ C~, m ~ ~ ~ ~=~ ~ 0~= =d Con~:or
_ PAGI/6
~, ~ ~ ~on ~nSht for ~ ~ ~o~ of~y ~j~ or ~ ~eived ~
~et by ~y p~o~ ~o~ or ~y~ on ~co~t of ~ op~o~ of ~ Con--or, ~
agen~ ~pioy~ or ~bcon~m; or ~ ~co~ of ~y ne~ig~ ~ of ~t of ~e
Con~or, Ms a~en~ ~ploy~ ~ ~bcon~o~ ~ co~ffon of ~e ~v~en=;
pay ~y j~ ~ co~, ~ch my be ob~cd agm.~ ~e Ciu ~g out or.ch
(~) ~ ~ ~ pmv~ion of t~i~ a~l ~ con~l ov~
co~ic~g ~ion of ~y con~ b~ ~e O~= ~d Con=mr ~ m ~e
3. ~ ~on ~p= compt~uon of~e ~v~=n= ~ ~co~ce
~s ~ ~ Civ ~= ~o ~ ~ ~p~=
~om~l= ~D~on Co~, T~ ~ ~I~ ~on ~ n=c~ ~ co~uon
co~d ~ =a~ ~t ~ ~ ~ co~ ~o~ of~e S~ of T~
~ ~ ~=.~.n b~ b~g ~on ~ ~ m ~ b~fi~ of
p~= h~, ~e~ve ~o= ~ ~
-- PA(iE 7
OWN~ CONTRACTOR
BY ~ BY:.,
CITY OF DENTON,
APPROVI~ AS TO Lt/CAL FORM:
· ' HF-RBF. R.T L. PROUTY, C'TY ATrORNt/y
BY. / ~- .~ ~,~ . ~,
Exhibit 1
Hickory Creek Ranch Phase 1
Bond Estimate
Summary
Pawng $ 429,508 00
Onslte $ 331,832 00
Offsite 97,676 00
Excavation - Roadway 126,930 00
Water System 137,306 80
Sanitary Sewer 228,633 00
Onsite 116,453 00
Offsite 112,180 00
Drainage System 346,990 00
TOTAL BONDED AMOUNT $1,269,367 80
See Attached Sohedules for Detailed Cost Estimates
...................................... ~A 6 $600 00 $3 600 00
................................. $0 00 $0 00
X EXCAVATION
A~ 27 $1 000 00 $27 100 00
CLEARING ~ ~%UBSII~ ............................................................
............................ $17 200 O0
................................................................... $~0 100 O0
.................................................................. $0 O0
~98 TUE 16 38 FA~ 214 638 0447 C & B DALLAS ~015
972574010 / 11
H I S N 8 T I MAT N HAS B H NN C 0 M ~ L Z T E D ON L I M I T E D ~ N P O R M AT I O N AND S H O U L D ~t*
D STNEET AND ALLZY PAVING
$ U M M A R Y
Hickory Creak Ranch
Phase t Uffiltles
Detaltsd Costs for Utilities from Competitive Bids dated 9/22/98
item Unit Qt,/ Unit price Extension
Section A Water Distribution
8" Waterm~in If 2 376 13 00 30 888 00
TOTAL UT~MTY COST 712,929 BO
EXCUTED IN THREE COUNTERPARTS
l:-%%~FOI~V~B/~C~ BOAID Bond No 111 2739 2501
Premzum $11,424.00
~-~ STAT'E. OF T~'~'AS ~
KNUW ALL MEN BY
COUNTY OF DEi~£'ON §
Tha~_ Kaufman and Broad 9f Dallas, Inc
cf CounZy, Tab. as, h~_ra"-naf~mr called Pr~nc-_pal ar.~-
F~reman's Fund Insurance Company
a Co.--pored,mom or,and=cd under =he lawm-of ~he $.'a~e of Cal~torn~a
Texas, "Ci~' ~ ~ penal s~ of One Million Two nut,rea
called
Three Hundred Sixty-Seven and 80/100 ...................
Doll~s, lawf~ mommy of ~he U~Ca~ $~a~ms, ~or ~hm pa~e=~ of w~h
sum well ~-d =~ly =o be ~ we b~ o~=lves, o~ ha~r~,
~, ~e pr~cmpal ~=red ~o a c=~a~ con=rat=
O~r, ~Ue~ 25=h ~e ~y Of Sep=ember ,
Htckorv Creek Ranch Phase [
forc~ ~
PR~D~, f=hmr,
bond, venue s~ll lie
to the ~e~ of ~he conoco=, or =o =h~ work pa~o~e~ ~ereunder,
or the PI~, Spmcmfica=ions, Drawzngs, ezc.. acco~"~Y~ =ha same
har~y waive no=ice of
aach one of w~ch s~ll be d~am=~ ~ or~g~al, u~s the 25th ~ay of
Sep=ember , IS 98 ,,
Kaufman and Broad of Dallas, Inc Fireman's Fund Insurance Company
-- A~O~-~-F~, Tracy Asto~
NOTE. pOW~ OF ATTORAvEY OF ~iR~i~Y MUST BE ATTA~-u ~ATE OF BOND
MUST NOT BE pF-IOR TO ~ OF CO/TTR~CT ~ATE OF POW~ OF
ATTOP,NEY ~c.~TIFIC~TION MUST NOT BE PRIOR TO DATE OF CC~rrRACTOR
BOND o
-- PAGE T~O
State of California
County of Los Angeles
On September 25, 1998 before me, Mar,a Escobar, Notary Public,
personally appeared Tracy Aston personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same i.n
his/her/their authorized capacity(les), and that by hisl.h, erlthelr
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
GE'~ERAL
PO~R OF
...'rtoR.'~Y FIREM~ N'S ~ND INSU~NCE CO,ANY
~NOW A~MEN ~YTH~E P~E~ ~at FIRMAN S ~ND [NSU~N~ COMPANY, a Co~ratmn duly org~l~ and ~s~mg undet~helaw~ of
- - TRACY ASTON
LOS ANGELES CA
EXECUTED IN THREE COUNTERPARTS
Bond No 111 2739 2501
Premium Included
kau~ma~ mud B~oad
Dallas, Inc Of ~m ~ Cf Carol~:o~
am ~=~n=ipal, ~_ FLreman's Fund Insurance Company
'One Millhon ~Q Hundre4 ~e Thousand Three Ooll~ fS 1.269.367 80 )
~undred ~l~tv-~ev~n aha
ccn~n~ ~i~ ~ O~, da=ad ~= 25th . ~y of _ September
· 9 98
~ickory Creek Ranch Phase i
Kaufman and Broad of Dallas. Inc,, Fireman'p.,Fund Insur~-r~ Cmmn~.v
A~orney-~n-Fact, Tracy Aston
Ad.mss: 2611 Westgro~e Dr , Suzte 101 Ad=!rmm=: 17542 E 17th Street
Carollton, TX 75006 Tustin, CA 92680
Thm nam~ and address of the Rms~den= Aq=n= of Surety is:
Lupe Tamayo
2000 Bering Dr . Suz=e 900
Houston, TX 77057-3790 ~-'~
mn - 4
State of California
County of Los Angeles
On September 25, t998 before me, Maria Escobar, Notary Public,
personally appeared Tracy Aston personally known to me (or proved
to me on the basis of satisfactory ev,dence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by hisl.h, er/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
GENERAL
pOWER OF
A'~TOm~E: FIREM..4 N'S FUND INSURANCE COMPANY
I~NOW ALL MEN BY THIgSE PRESKNT$ Thnt FIREMAN'$ FUND [NSURANCE COMPANY, a Corporation duly orgamzed and eyast mg under the laws o f
the S~ate of CaJifonua and having ita pnn¢ipai office in the County of Mann State of Cahforma baa made, constituted and appointed and do~ by thee
--- TRACY ASTON ---
LOS ANGELES CA