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Home My WebLink AboutOrdinance No. 00-1225 CITY OF THE COLONY, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION CONTRACT BETWEEN THE CITY OF THE COLONY, TEXAS AND THE HOME DEPOT SOUTHWEST DIVISION FOR THE CONSTRUCTION OF A PORTION OF MEMORIAL DRIVE; PROVIDING FOR INCORPORATION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of The Colony (the "City"), Texas, and The Home Depot Southwest Division ("Home Depot") have negotiated a contract whereby Home Depot agrees to construct approximately six hundred and twenty (620) linear feet of Memorial Drive, East of Paige Road and North of and abutting the Home Depot Store development; and WHEREAS, the City Council has determined that entering into said contract will benefit the citizens of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. Authorization. That the City Manager of the City of The Colony is hereby authorized to execute a Construction Contract between the City and Home Depot for the construction of approximately six hundred and twenty (620) linear feet of Memorial Drive, East of Paige Road and North of and abutting the proposed Home Depot Store development. Section 2. Incorporation. That a true and correct copy of the Construction Contract is attached hereto as Exhibit "A" and incorporated herein. Section 3. Severability. The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the City Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 5. En~rossment and Enrollment. The City Secretary of the City of The Colony is hereby directed to engross and enroll this Ordinance by copying the Caption Clause and Effective Date Clause in the minutes of the City Council and by filing this Ordinance in the ordinance records of the City. Section 6. Effective Date. This Ordinance shall take effect immediately from and after its passage and approval, and it is so ordained. P:XDOChttome Depot Construction Contract.doc {ra~PASSED AND APPROVED by the City Council of the City of The Colony, Texas this the ! ! -...-t day of September, 2000. illiam W. Ma~'ning, 1V~ay~r ..... ~ ATTEST: ~~~ks, TRMC, City Secretary APPROVED AS TO FORM: ~y/Attomey /,/"'"' ' ~ PADOCXHome Depot Construction Contract.doc HOME DEPOT/MEMO~AL DRIVE CONSTRUCTION CONTRACT STATE OF TEXAS § § COUNTY OF DENTON § This Contract is made and entered into by the City of The Colony, a Texas Home Rule municipality (the "City"), and The Home Depot Southwest Division ("Home Depot"). RECITALS 1. WHEREAS, Home Depot has agreed to construct approximately six hundred twenty (620) linear feet of Memorial Drive, East of Paige Road and North of and abutting the proposed Home Depot Store development. 2. WHEREAS, Home Depot shall construct or cause the construction at its sole cost (subject to reimbursement as described in Section 9) of that agreed upon portion of Memorial Drive to comprise four (4) twelve (12) feet lanes as shown on the drawings attached and incorporated herein as Exhibit A. 3. WHEREAS, The City and Home Depot agree that the construction shall be performed in accordance with the City's procedures, specifications and standards. 4. WHEREAS, The City and Home Depot agree that all work on the construction shall be performed in a good and workmanlike manner and to the satisfaction of the City's Director of Public Works or his representative. 5. WHEREAS, The City and Home Depot agree that the means and methods of construction shall be such as Home Depot may choose; subject, however, to the City's right to reject any improvements for which the means or method of construction does not, in the judgment of the City Director of Public Works or its equivalent, assure that the improvements were construct ~e~! in accordance with City specifications. 6. WHEREAS, The City and Home Depot agree that upon completion and approval or acceptance of the improvements by the City, the improvements shall become the property of the City free and clear of all liens, claims, charges or encumbrances of any kind. If, after acceptance of the improvements, any claim, lien, charge or encumbrance is made, or found to exist, against the improvements, or land dedicated to the City, to which they are affixed, Home Depot shall upon notice by the City promptly cause such claim, lien, charge or encumbrance to be satisfied HOME DEPOT/MEMORIAL DRIVE CONSTRUCTION CONTRACT Page I and released or promptly post a bond with the City in the amount of such claim, lien, charge or encumbrance, in favor of the City, to insure payment of such claim, lien, charge or encumbrance. 7. WHEREAS, The City and Home Depot agree that prior to approval or acceptance of the improvements by the City, to furnish a maintenance bond in form and substance acceptable to thc City, in the amount of ten percent (10%) of the Contract amount of the improvements, insuring the repair and replacement of all defects due to faulty material and workmanship that appear within one year from the date of acceptance. The bond shall be in favor of the City and shall be executed by an approved surety company authorized to do business in the State of Texas. 8. WHEREAS, Home Depot agrees to indemnify, defend and save harmless, the City, its officers, agents and employees fi.om all suits, actions or claims of any character, name and description brought for or on account of any injuries or damages received as sustained by any person, persons or property on account of the operations of Home Depot, its agents, employees or subcontractors; or on account of any negligent act of fault of Home Depot, its agents, employees or subcontractors in construction of the improvements; and shall pay any judgment, with costs, which may be obtained against the City growing out of such injury or damage. 9. WHEREAS, The City and Home Depot agree that, upon proper completion of thc improvements in accordance with this Contract, the City agrees to accept the improvements and, within thirty (30) days of such acceptance, to reimburse Home Depot for the reasonable cost of constructing the two (2) twelve (12) feet lanes that comprise the North half of Memorial Drive, to include engineering costs for that portion of the construction. The City's reimbursemetit shall not exceed fifty percent of the total construction cost, as shown on the attached Exhibit "B," Construction Cost. 10. WHEREAS, The parties herein agree that this Contract shall be enforceable in Denton County, Texas, and if legal action is necessary in connection therewith, exclusive venue shall lie in Denton County, Texas. The terms and provisions of this Contract shall be construed in accordance with the laws and court decisions of the State of Texas. 11. WHEREAS, This Contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. 12. WHEREAS, The City and Home Depot agree that in the event that the City has to employ an attorney to assist or secure payment of the amount referenced herein, or otherwise enforce this Contract, Home Depot agrees to pay all reasonable and necessary attorneys' fees incurred by the City, whether suit is filed or not. Home Depot agrees to waive any statutory notice required by the Texas Civil Practice and Remedies Code as a prerequisite for attorney fees. HOME DEPOT/MEMORI4d, DRIVE CONSr--I~UCTiON CONTRACT Page 2 EXECUTED on this / zJ~ day of September, 2000. THE CITY OF THE COLONY Attest.~~ a Texas H~ Rule ~i¢~ Patti Hicks L. ~~b~rt City S~r~tary, City of The Colony City l~]rana§er, City of The Colony " ........... :'"'"~'.(O~_ Date: STORE SUPPORT CENTER By: Its: Date: HOME DEPOT/MEMORIAL DRIVE CONSTRUCTION CONTICACT Page 3 REVISED ESTIMATE FOR CONSTRUCTION OF MEMORIAL DRIVE ABUTTING PROPOSED HOME DEPOT SITE Grading & Lime Stabilization $ 39,220.00 Type III Barricade 3,420.00 Traffic Control 1,500.00 Concrete Paving & Sidewalk 104,340.00 Utilities (Storm, Wastewater & Water) 79,000.00 General Conditions 9,624.00 Overhead & Profit 9,484.00 Total ... $246,588.00 Less Sidewalks - 9,176.00 Plus Engineering Fees + 6,000.00 $243,412.00 Divided by 2 equals City Cost : $121,706.00 Home Depot Cost $121,706.00