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HomeMy WebLinkAboutResolution No. 04-10 CITY OE THE COLONY RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, APPROVING A CHANGE ORDER TO THE ENGINEERING SERVICES CONTRACT BETWEEN THE CITY OF THE COLONY AND CHIANG, PATEL & YERBY, INC. FOR THE WELL SITE AERATION TOWER IMPROVEMENTS, WHICH IS ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR TERMS AND SCOPE OF SERVICES; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City and Consultant have entered into an agreement such that the Consultant is to provide the following services: Well Site Aeration Tower Improvements; and WHEREAS, the above referenced agreement provides that if there is a change in scope or focus of the activities in the contract, or if it is necessary for the Consultant to do additional work such that there is a significant additional cost or expense to the City, it is necessary for the City to approve such work and/or for the parties to change the contract; and WHEREAS, the parties recognize that it is necessary for Consultant to do additional work under the contract, such work which is set out in the attached Exhibit "A" of the Change Order which is attached hereto and incorporated herein as if set out in full herein; and WHEREAS, with this Change Order the City of The Colony is hereby approving such additional work and agreeing to pay the sum of $15,889 for such work. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THAT: Section 1: The City Council hereby approves the Change Order for the Well Site Aeration Tower Improvements which is attached hereto as Exhibit "A" and incorporated herein. Section 2. That all provisions of any resolution of the City Council of the City of The Colony in conflict with the provision of this resolution be, and the same are hereby repealed, and all other provisions not in conflict with the provisions of the resolution shall remain in full force and effect. PASSED, APPROVED AND EFFECTIVE THIS 15TM DAY OF MARCH, 2004. ~' they ~f~ 1TI~ ;d~ olo~nY~Y Texas ATTEST: Christie Wilson, City Secretary APPROVED AS TO FORM: Robert E '~Iager, City Attorney STATE OF TEXAS ) COUNTY OF DENTON ) CHANGE ORDER AND AMENDMENT OF CONSULTANT'S CONTRACT THIS agreement is by and between the City of The Colony, Texas, a Texas home rule municipality, and Chiang, Patel & Yerby, Inc., hereinafter known as Consultant, a Texas corporation and engineering firm, with principal offices located in The Colony, Texas. WHEREAS, the City and Consultant have entered into an agreement such that the Consultant is to provide the following services: Well Site Aeration Tower Improvements; and WHEREAS, the above referenced agreement provides that if there is a change in scope or focus of the activities in the contract, or if it is necessary for the Consultant to do additional work such that there is a significant additional cost or expense to the City, it is necessary for the City to approve such work and/or for the parties to change the contract; and WHEREAS, the parties recognize that it is necessary for Consultant to do additional work under the contract, such work which is set out in the attached Exhibit "A", which is attached hereto and incorporated herein as if set out in full herein; and WHEREAS, with this Change Order the City of The Colony is hereby approving such additional work and agreeing to pay the sum of $15,889 for such work; NOW, THEREFORE, for and in consideration of the mutual acts and covenants set out herein, the parties agree as follows: 1. Consultant, in addition to the work to be performed in the Contract dated May 5, 2003, shall perform the task(s) described in the attached Exhibit "A", basically described as additional services, including, but not limited to, Construction Phase Services for Well Sites Aeration Tower Improvements. 2. The amount to be paid to Consultant under such contract shall be increased by the sum of $15,889.00 to reflect the work described in Exhibit "A". 3. This shall constitute an Authorization for a Change in Work as set out in the agreement between the parties, and an amendment to such contract. All of the terms and conditions of the original contract shall remain in full force and effect, as amended hereto, unless set out otherwise herein. Signed and effective on this the Consultant Contract Change Order Construction Phase. DOC CITY OF THE COLONY, TEXAS By:~ Printed Name: Title: ~ ~, - A~: Chiang, Patel & Yerby, INC., CONSULTANT Printed Neme: Edwerd M. Motley, P. E. Title: Senior Vice President Consultant Contract Change Order Construction Phase. DOC