Loading...
1999-461AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND PFS DEVELOPMENT, 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 C~ty desires to participate ~n the cost of overs~z~ng a water ma~n to be designed, installed, and constructed by PFS Development, Inc m an amount not to exceed Thirty Slx Thousand One Hundred Seventy Nme Dollars and Twenty Cents ($36,17920), m accordance wath §34-118(b)(2) of the Code of Ordinances 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 C~ty Manager as authorized to execute a Water Mmn Cost Part~capation Agreement Between the Caty of Denton and PFS Development, Inc for the overslzmg of approxamately 2,280 feet of eaght (8") mch water main to a twelve (12") mch water main, substantially m the form of the attached Agreement, which as incorporated and made a part of th~s ordinance for all purposes, subject to PFS Development, Ine, entering ~mo a Development Contract wath the City of Denton, an accordance with Chapter 34 of the Code of Ordmanccs of the City of Demon, Texas SECTION II That the Oty Manager as hereby authorized to make the expenditures as set forth an the attached Agreement ~ That this ordinance shall become effective ~mmedmtely upon ats passage and approval JACKt~LER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Documonts\Ordmanees\99~PFS Develop Water Mare Cost Part~¢ip Agrmt ord doc THE STATE OF TEXAS § WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND COUNTY OF DENTON § PFS Development, Inc WHEREAS, PFS Development Inc hereafter referred to as "Developer" whose bus~ness address ~s P O Box 685 Denton, TX 76202 wishes to develop and ~mprove certain real property named Mdam Creek Ranch (as shown in Exhibit I, attached hereto and incorporated herein by reference), located in the City of Denton, Texas or its extraterritorial junsd~cbon, and ~s reqmred to prowde such property w~th adequate collection capacity by deslgmng, constructing and ~nstalhng a water line of an inside d~ameter of e~ght roches (8"), hereafter referred to as "required facilities", and WHEREAS, the C~ty of Denton, Texas, a munm~pal corporabon located at 215 East McKinney, Denton, Texas 76201, hereafter referred to as "City, m accordance w~th ~ts ordinances, w~shes to parbc~pate ~n the cost of the construcbon and ~nstallatlon of said water mare to prowde for an "oversized" water mare to expand ~ts utd~ty system and insure adequate utd~ty service to other customers, NOW, THEREFORE, m cons~derabon of the mutual promises and covenants contained herein, Developer and City agree as follows 1 Developer shall design, ~nstall and construct approximately 2,280 feet 12 inch water main and all necessary appurtenances thereto, hereafter shown on Exhibit I, attached hereto and incorporated harem by reference 2 As required by Chapter 34 of the Code of Ordinances of C~ty of Denton, Texas, Developer has entered ~nto a Development Contract prior to beginning construcbon of the oversized facd~bes Th~s Development Contract ~s attached hereto as exhibit II and ~ncorporated harem by reference Th~s Agreement Is subject to and governed by this Development Contract and any other apphcable ordinances of C~ty 3 Prior to beginning construcbon of the oversized facd~t~es, Developer shall obtain, at Developer's sole cost and expense, all necessary permits, hcenses and easements The easements, deeds and plats therefor obtained by Developer shall be reviewed and approved as to form and substance by Cffy prior to the beg~nmng of construction If Developer is unable to acquire needed easements, Developer shall prowde C~ty w~th any requested documentation of efforts to obtain such easements including evidence of negobabons and reasonable offers made to the affected property owners Any easements for the oversized facd~bes obtained by the Developer shall be assigned to C~ty, ~f not taken ~n C~ty's name, prior to acceptance of the oversized facd~t~es, and Developer warrants clear t~tle to such easements and will defend C~ty against any adverse claim made against such btle WATER MAIN PARTICIPATION AGREEMENT - PFS Development Inc PAGE 1 4 City's share ~n the cost of the oversized faclhbes Based upon the d~fference in the cost of ~nstalhng required fac~hbes, as determined by City, and the cost of the oversized faclht~es as determined by C~ty shall be ~n an amount not to exceed Thirty S~x thousand one hundred seventy nine dollars and twenty cents ($36,179 20) City may elect one of the following methods to determine C~ty's share of the cost a) Developer shall prepare plans and specifications and furmsh them to C~ty City shall compebbvely b~d the required hne and the oversized fac~hbes in accordance w~th Chapter 252 of the Texas Local Government Code The difference ~n the bids shall be used to determine City's share, subject to City's maximum participation in cost as spec~hed m th~s Agreement or b) Developer shall prepare plans and specifications and take b~ds on the required hne and the oversized fac~hbes C~ty shall pay Developer the least amount of the following (1) The d~fference ~n the bids for the required line and the oversized fac~hbes, (2) Thirty percent of the bid on the oversized as provided for in §212 072 of the Texas Local Government Code or (3) $36,179 20, the maximum partmlpabon cost allowed herein City shall not ~n any case, be hable for any additional cost because of delays ~n beg~nmng, continuing or completing construction changes in the price or cost of matenals, supphes, or labor unforeseen or unanbc~pated cost because of topography, so~l, subsurface, or other s~te condlbons differences in the calculated and actual per linear feet of p~pe or materials needed for the oversized facilities Developer's dec,sion 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 faclhbes 5 The City will take monthly payments for its share of the oversize faclhbes The Developer shall submit monthly pay request on forms prowded by the C~ty The developer's engineer shall verify that the pay request ~s correct The request along with the engineer's verification shall be submitted to the Engmeenng & Transportation Department of the C~ty The C~ty w~ll retain 10% of the total dollar amount until the project ~s accepted Payment by the C~ty to the Developer will be made w~th~n thirty (30) days of receipt of the pay estimate and the engineer's ver~flcabon WATER MAIN PARTICIPATION AGREEMENT - PFS Development INC PAGE 2 6 To determine the actual cost of the oversized fac~ht~es, C~ty shall have the r~ght to respect any and all records of Developer his agents, employees, contractors or subcontractors and shall have the r~ght to require Developer to summit any necessary ~nformatlon, documents, invoices, receipts or other records to verify the actual cost of the oversized fac~ht~es 7, All notices, payments or commumcat~ons to be g~ven or made pursuant to th~s agreement by the parbes hereto, shall be sent to Developer at the business address given above and to the D~rector of Ubht~es for C~ty at the address g~ven above 8 Developer shall ~ndemmfy and hold C~ty harmless from any and all claims, damages, loss or hab~hty of any k~nd whatsoever, by reason of injury to property or person occasioned by any act or omission, neglect or wrongdoing of Developer, ~ts officers, agents, employees, ~nwtee, contractors or other persons w~th regard to the performance of th~s agreement, and Developer w~ll, at ~ts own cost and expense, defend and protect City against any and all such claims and demands 9 If Developer does not beg~n substanbal construcbon of the oversized fac~hbes w~th~n twelve (12) months of the effecbve date of execution of th~s agreement, th~s agreement shall terminate 10 Th~s instrument embodies the whole agreement of the parties hereto and there are no prommes, terms, cond~bons or obhgabons other than those contained or ~ncorporated here~n Th~s agreement shall supersede all prewous commumcatlons, representabons or agreements, e~ther verbal or written, between the par-bes hereto 11 Th~s agreement shall not be assigned by Developer w~thout the express wntten consent of C~ty 12 Any and all su~ts for any breach of th~s contract or any other stat perta~mng to or ans~ng out of th~s agreement shall be brought and maintained ~n a court of competent junsd~cbon ~n Denton County Texas WATER MAIN PARTICIPATION AGREEMENT - PFS Development, INC PAGE 3 PFS DEVELOPMENT, INC ATTEST By CITY OF DENTON TEXAS - ~~w~7-, ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY WATER MAIN PARTICIPATION AGREEMENT- PFS Development INC PAGE 4 S ~Our Documents\Contracts~99\PFS Development Water Main Cost Participation Agrmt doc LOCATION MAP MILAM CREEK RD WATER LINE N PROJECT LOCATION-. oVERSIZED F, L/~II T I E S MILAM RD EAS'] ~, -. MIl_AM CREEK RANCH - DEVELOPMENT EXISTING 16" WATER LINE GANZER RD ©