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HomeMy WebLinkAboutOrdinance No. 02-1375 CITY OF THE COLONY, TEXAS o AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH CHIANG~ PATEL & YERBY FOR A FEASBILITY STUDY FOR A NEW WATER WELL (WELL #4); ATTACHING THE APPROVED FORM OF CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the City Manager of the City of The Colony, Texas is hereby authorized to execute on behalf of the City a contract with Chiang, Patel & Yerby for a Feasibility Study for a new water well (Well #4). The approved form of contract is attached hereto as Exhibit "A", and made a part hereof for such purposes. SECTION 2. This Ordinance shall take effect immediately from and after its passage bythe City Council of the City of The Colony, Texas. DULY PASSED AND APPROVED by the City Council of the City of The Colony, Texas this 3rd day of June 2002. APPROVED: ~nville-Shannon, Mayor ATTEST:~~ ~ ~ Patti A. Hicks, TMRC, City Secretary APPROVED AS TO FORM: G~I~ikel, City~o~rne~, AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is entered into the ~ '~ day of.-/"~,,~ ~, 2002, by and between the CITY OF THE COLONY, TEXAS, hereinafter referred to as CITY and CHIANG, PATEL & YERBY, INC., hereinafter referred to as UNDERSIGNED. WHEREAS, CITY desires UNDERSIGNED to perform certain work and services set forth in Scope of Services, marked Exhibit "A", and attached hereto and incorporated herein. WHEREAS, the UNDERSIGNED has expressed a willingness to perform said work and services, hereinafter referred to only as "services", specified in said Scope of Services, and enumerated under Article II of this Agreement. NOW, THEREFORE, all parties agree as follows: ARTICLE I GENERAL UNDERSIGNED, shall fumish and pay for all labor, tools, materials, equipment, supplies, transportation and management necessary to perform all services set forth in Article II hereof for the CITY in accord~.nce with the terms, conditions and provisions of the Scope of Services, marked Exhibit "A", and attached hereto and incorporated herein for all purposes. CITY may, at any time, stop any services by the UNDERSIGNED upon giving UNDERSIGNED written notice. UNDERSIGNED shall be bound to CITY by the terms, conditions and responsibilities toward the CITY for UNDERSIGNED'S services set forth in this Agreement. ARTICLE II SERVICES A. The following services, when authorized in writing by a Notice to Proceed, shall be performed by the UNDERSIGNED in accordance with the CITY'S requirements: Professional Enqineerinq Services to complete a study to determine the feasibility of constructing a new water supply well. B. UNDERSIGNED shall be responsible for the professional quality, technical accuracy, and the coordination of all designs,, drawings, specifications, plans and other services fumished by UNDERSIGNED under this Agreement. UNDERSIGNED shall, without additional C \Documents and Settmgs\t~o~r~ston\Locai Se~tmgs\TemDorary InTerne! Files\OLK2\Colony Professional Serwces Agreement Form wetl.doc 1 compensation, correct or revise any errors or deficiencies in the design, drawings, specifications, plans and other services. C. Neither CITY'S review, approval or acceptance of, not payment for any of the services required under this Agreement, shall be construed to operate as a waiver of any rights under this Agreement, and UNDERSIGNED shall be and remain liable to the CITY in accordance with applicable law for all damages to the CITY caused by the UNDERSIGNED'S negligent performance of any of the services furnished under this Agreement. D. The rights and remedies of the CITY under this Agreement are as provided by law. ARTICLE III PAYMENT A. CITY shall pay UNDERSIGNED for all services authorized in writing and properly performed by the UNDESIGNED on the basis herein described, subject to additions or deletions for changes or extras agreed upon in writing. B. The total amount paid to UNDERSIGNED shall not exceed a lump sum fee of $26,237, as outline in Exhibit B. Partial payment will be made on a monthly basis for completed portions of the work as approved by the CITY and as stipulated in Exhibit "B" attached hereto and incorporated herein. C. Upon complete performance of this Agreement by the UNDERSIGNED and final approval and acceptance of UNDERSIGNED'S service by the CITY, CITY will make final payment to UNDERSIGNED of the balance due under this Agreement within thirty-(30) days of the following month after final payment for such services has been billed by the UNDERSIGNED. D. CITY may deduct from any amounts due or to become due to the UNDERSIGNED any sum or sums owing by the UNDERSIGNED to the CITY. In the event of any breach by the UNDERSIGNED of any provision or obligation of this Agreement, or in the event of the assertion by other parties of any claim or lien against the CITY, or the CITY'S premises, adsing out of the UNDERSIGNED'S performance of this Agreement, the CITY shall have the dght to retain out of any payments due or to become due to the UNDERSIGNED an amount sufficient to completely protect the CITY from any and all loss, damage or expense therefrom, until the breach, claim or lien has been satisfactorily remedied or adjusted by the UNDERSIGNED. C ',gocumenfs and Selhngs\l~ohnston',Locat Se~tlngs\Temporaq/ Inlernet Fdes\OLK2\Colony Professional Services Agreement Form well doc 2 ARTICLE IV TIME FOR PERFORMANCE A. UNDERSIGNED shall perform all services as provided for under this Agreement in a proper, efficient and professional, manner in accordance with the CITY'S requirements. Both parties have agreed to the provisions of this Agreement in anticipation of the orderly and continuous progress of the project through completion of the Scope of Services specified in Exhibit "A", attached hereto. B. In the event UNDERSIGNED'S performance of this Agreement is delayed or interfered with by acts of the CITY or others, not under the control of the UNDERSIGNED, the UNDERSIGNED may request an extension of time for the performance of same as hereinafter provided, but shall not be entitled to any increase in fee or price, or to damages or additional compensation as a consequence of such delays unless such delays exceed ninety-(90) days. C. No allowance of any extension of time, for any cause whatever, shall be claimed or made to the UNDERSIGNED, unless the UNDERSIGNED shall have made wdtten request upon the CITY for such extension within forty-eight-(48) hours after the cause for such extension occurred, and unless the CITY and the UNDERSIGNED have agreed in wdting upon the allowance of additional time to be made. D. The Parties agree that the services contracted for in this Agreement shall be completed within ninety (90) days from the effective date of this Agreement. The effective date is defined by Article XIX. ARTICLE V DOCUMENTS A. All instruments of service (including plans, specifications, drawings, reports, designs, computations, computer programs, estimated, surveys, other data or work items, etc.) prepared under this Agreement shall be submitted for approval of the CITY. All instruments of service shall be professionally sealed as may be required by law or by the B. Such documents of service, together with necessary supporting documents, shall be delivered to the CITY, and the CITY shall have unlimited rights, for the benefit of the CITY, in all instruments of service, including the right to use same on any other work of the CITY without additional cost to the CITY. If, in the event the CITY uses such C ,Documents and Sethngs\tjohnslon,Locai Sett+ngs\Temporap/ Internet Fdes\OLK2\Colony Professional Services Agreement Form well doc3 instruments of service on any work of the CITY other than that specified in the Scope of Services, attached as Exhibit "A", provided the UNDERSIGNED completes this Agreement, under those circumstances the CITY hereby agrees to protect, defend, indemnify and hold harmless the UNDERSIGNED, their officers, agents, servants and employees, from and against suits, actions, claims, losses, liability or damage of any character, and from and against costs and expenses, including, in part, attorney fees incidental to the defense of such suits, actions, claims, losses, damages or liability on account of injury, disease, sickness, including death, to any person or damage to property including, in part, the loss of use resulting therefrom, arising from any inaccuracy, such use of such instruments of service with respect to such other work except where the UNDERSIGNED participates in such other work. C. The UNDERSIGNED agrees to and does hereby grant to the CITY a royalty-free license to all such instruments of service which the /. UNDESIGNED may cover by copyright and to all designs as to which ? the UNDERSIGNED may assert any rights or establish any claim / ? under the design patent or copyright laws. The UNDERSIGNED, after ~ completion of the project, agrees to fumish the originals of all such instruments of service to the CITY. D. All word documents supplied to the CITY as provided herein shall be in Microsoft Word 98 or higher edition, or in a format compatible with the aforementioned program. All plan documents shall be in AutoCAD 14 or higher version. ARTICLE VI TERMINATION A. The CITY or the UNDERSIGNED may suspend or terminate this Agreement for cause or without cause at any time by giving written notice to the UNDERSIGNED. In the event suspension or termination is without cause, payment to the UNDERSIGNED, in accordance with the terms of this Agreement, will be made on the basis of services reasonably determined by the CITY to be satisfactorily performed to date of suspension or termination. Such payment will be due upon delivery of all instruments of service to the CITY. B. Should the CITY require a modification of its contract with the UNDERSIGNED, and in the event the CITY and UNDERSIGNED fail to agree upon a modification to this Agreement, the CITY and the UNDERSIGNED shall have the option of terminating this Agreement. Payment to the UNDERSIGNED shall be made by the CITY in accordance with the terms of this Agreement, for the services mutually \Documents and Settmgs',llohnston~Local Settmgs\Temf~orary tnternet Files\OLK2\Colony Professional Services Agreement Form welLdoc 4 agreed upon by the CITY and the UNDERSIGNED to be properly performed by the UNDERSIGNED prior to such termination date. ARTICLE VII INSURANCE A. UNDERSIGNED shall provide and maintain Workers' Compensation with statutory limits. B. UNDERSIGNED shall provide and maintain in full force and effect during the time of this Agreement, auto insurance (including, but not limited to, insurance covering the operation of owned and non-owned automobiles, trucks and other vehicles) protecting the UNDERSIGNED and the CITY as an additional Insured with limits not less than 250/500/100,000. C. UNDERSIGNED shall provide general Liability Insurance. Such insurance covering personal and bodily injuries or death shall be in the sum of not less than Two Hundred Fifty Thousand ($250,000) Dollars per occurrence and Five Hundred Thousand ($500,000) Dollars aggregate. Insurance covering damages to property shall be in the sum of not less than One Hundred Thousand ($100,000) Dollars. The General Liability Insurance must name the CITY as an additional Insured. D. UNDERSIGNED shall also provide and maintain Professional Liability Errors and Omissions Insurance coverage to protect the UNDERSIGNED and the CITY from liability adsing out of the performance of professional services, if any, under this Agreement. Such coverage shall be in the sum of not less than Three Hundred Thousand ($300,000) Dollars per occurrence and Five Hundred Thousand ($500,000) Dollars aggregate. Such insurance shall be kept in effect for four (4) years after the completion of the contract. If the UNDERSIGNED fails to maintain the insurance covered dudng that time, the CITY may pay the premiums to keep the insurance in effect and recover the cost from the UNDERSIGNED. E. A signed Certificate of Insurance, satisfactow to the CITY, showing compliance with the requirements of this Article shall be furnished to the CITY before any services are performed. Such Certificate shall provide thirty (30) days written notice to the CITY prior to the cancellation or modification of any insurance referred to therein and continue to issue such certificate for four (4) years after completion of the contract. C ~,Documents and Setbngs\tlonnston\Locat Sethngs\Temporary Internet Files\OLK2\Colony Professional Services Agreement Form well.doc 5 ARTICLE VIII INDEMNIFICATION FOR INJURY AND PERFORMANCE UNDERSIGNED further specifically obligates itself to the CITY in the following respects, to-wit: The UNDERSIGNED hereby agrees to protect, indemnify and hold harmless the CITY, their officers, agents, servants and employees (hereinafter individually and collectively referred to as "lndemnitees"), from and against suits, actions, claims, losses, liability or damage of any character, and from and against costs and expenses, including, in part, attorney fees incidental to the defense of such suits, actions, claims, losses, damages or liability on account of injury, disease, sickness, including death, to any person or damage to property including, in part, the loss of use resulting therefrom adsing from any negligent act, error, or omission of the UNDERSIGNED, its officers, employees, servants, agents or subcontractors, or anyone else under the UNDERSlGNED'S direction and control and arising out of, resulting from, or caused by the performance or failure of performance of any work or services called for by this Agreement, or from conditions created by the performance or non-performance of said work or services. In the event one or more of the Indemnitees is determined by a court of law to be jointly or derivatively negligent or liable for such damage or injury, the UNDERSIGNED shall be obligated to indemnify Indemnitee(s) as provided herein on a proportionate basis in accordance with the final judgment, after all appeals are exhausted, determining such joint or derivative negligence or liability. The UNDERSIGNED is not responsible for the actions of the CITY'S contractor to perform the construction of the improvements covered under this Agreement. Acceptance and approval of the final plans by the CITY shall not constitute nor be deemed a release of this responsibility and liability of the UNDERSIGNED, its employees, associates, agents and consultants for the accuracy or competency of their designs, working drawings and specifications, or other documents and work; nor shall such approval be deemed to be an assumption of such responsibility by the CITY for any defect in the designs, working drawings and specifications, or other documents prepared by the UNDERSIGNED, its employees, contractor, agents ad consultants. ARTICLE IX INDEMNIFICATION FOR UNEMPLOYMENT COMPENSATION UNDERSIGNED agrees that it is an independent contractor and not an agent of the CITY, and that the UNDERSIGNED is subject, as an employer, to .all applicable Unemployment Compensation Statutes, so as to relieve the CITY of C \Documents and Settings\tjohnston~Local SettmgstTernporar¥ Internet Fdes\OLK2\Colony Professional Services Agreement Form wetl doc 6 any responsibility or liability from treating the UNDERSIGNED'S employees as employees of the CITY for the purpose of keeping records, making reports or payments of Unemployment Compensation taxes or contributions. The UNDERSIGNED further agrees to indemnify and hold the CITY harmless and reimburse it for any expenses or liability incurred under said Statutes in connection with employees of the UNDERSIGNED. ARTICLE X INDEMNIFICATION FOR PERFORMANCE UNDERSIGNED shall defend and indemnify Indemnitees against and hold the CITY and the premises harmless from any and all claims, suits or liens based upon or alleged to be based upon the non-payment of labor, tools, materials, equipment, supplies, transportation and management costs incurred by the UNDERSIGNED in performing this Agreement. ARTICLE XI ASSIGNMENT UNDERSIGNED shall not assign or sublet this Agreement or any part thereof, without the written consent of the CITY. Sale of more than fifty (50%) percent ownership of the UNDERSIGNED shall be construed as an assignment. ARTICLE Xll APPLICABLE LAWS UNDERSIGNED shall comply with all Federal, State, County and Municipal laws, ordinances, regulations, safety orders, resolutions and building codes, including the Americans With Disabilities Act, relating or applicable to service to be performed under this Agreement. This Agreement is performable in the State of Texas and shall be governed by the laws of the State of Texas. Venue on any suit hereunder shall be in Denton County Texas. ARTICLE Xlll DEFAULT OF UNDERSIGNED In the event the UNDERSIGNED fails to comply or becomes disabled and unable to comply with the provisions of this Agreement as to the quality or character of the service or time of performance, and the failure is not corrected within ten (10) days after written notice by the CITY to the UNDERSIGNED, the CITY may, at its sole discretion without prejudice to any other right or remedy: A. Terminate this Agreement and be relieved of the payment of any further consideration to the UNDERSIGNED except for all work C Documents and Settmgs\tjonnstomLocal Selbngs',Temc, orary !nternet F~les!OLK2\Colony Professional Serwces Agreement Form well doc7 determined by the CITY to be satisfactorily completed prior to termination. Payment for work satisfactorily completed shall be for actual costs, including reasonable salaries and travel expenses of the UNDERSIGNED to and from meetings called by the CITY at which the UNDERSIGNED is required to attend, but shall not include any loss of profit of the UNDERSIGNED. In the event of such termination, the CITY may proceed to complete the services in any manner deemed proper by the CITY, either by the use of its own forces or by re- submitting to others. In either event, the UNDERSIGNED shall be liable for all costs n excess of the total contract price under this Agreement incurred to complete the services herein provided for and the costs so incurred may be deducted and paid by the owner out of such monies as may be due or that may thereafter become due to the UNDERSIGNED under and by virtue of this Agreement. B. The CITY may, without terminating this Agreement or taking over the services, furnish the necessary materials, equipment, supplies and/or help necessary to remedy the situation, at the expense of the UNDERSIGNED. ARTICLE XlV ADJUSTMENTS IN SERVICES No claims for extra services, additional services or changes in the services will be made by the UNDERSIGNED without a written agreement with the CITY prior to the performance of such services. ARTICLE XV EXECUTION BECOMES EFFECTIVE This Agreement will be effective upon execution of the contract by both the UNDERSIGNED and the CITY. ARTICLE XVl AGREEMENT AMENDMENTS This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and there are not oral understandings, statements or stipulations bearing upon the meaning or effect of this Agreement which have not been incorporated herein. This Agreement may only be modified, amended, supplemented or waived by a written instrument executed by the parties except as may be otherwise provided therein. C Documents and Sethngs\tiohnston\Local Sethr~gs Temoorary Interr, el Fdes/OLK2~Colony Professional Services Agreement Form well doc 8 ARTICLE XVll GENDER AND NUMBER The use of any gender in this Agreement shall be applicable to all genders, and the use of singular number shall include the plural and conversely. ARTICLE XVlII NOTICES AND AUTHORITY A. The UNDERSIGNED agrees to send all notices required under this Agreement to the City Manager of the City of The Colony, or his designee, at 6800 Main Street, The Colony, Texas 75056-1133. The UNDERSIGNED understands that only the City Manager or his designee has the authority to represent the CITY or bind the CITY under this Agreement. B. The CITY agrees to send all notices required under this Agreement to the UNDERSIGNED at: Chiang, Patel & Yerby, Inc. Edward M. Motley, PE Senior Vice President 1820 Regal Row Dallas, TX75235 ',Documents and Setbngs\l}ohnslon\Local Settings Temporary Interne/ Fdes\OLK2\Colony Professional Services Agreement Form well.doc 9 ARTICLE XlX CLOSURE SIGNED and EFFECTIVE on the date last set forth below: CITY: UNDERSIGNED: City of The Colony, Texas . . . By: ~k C~,,.~,.~ By: EdwardM. Motley, PE City Manager 6800 Main Street Title: Senior Vice President The Colony, Texas 75056-1133 Address: 1820 Regal Row Dallas, Texas 75235 City Secretary Approved as to Form: Approved as to Content: /~~ Ci~ ~,ttor,,~~ ' '~ ' Department Director Date: ~ J--/ ~ 7.~ Date: , City of The Colony Engineering Services Agreement for New Water Supply Well Feasibility Study Exhibit A Scope of Services General The Project includes a study to determine the feasibility of constructing a new water supply well. The potential well sites include the Legend Site and the Waters Edge Site. Detailed Scope of Services I. Future Water Supply Needs Evaluation a. Data Collection - Obtain information from the City regarding the existing and future water demands, and the existing water supply capacity from the City of Dallas and the City's existing wells. b. Supply versus Demand Comparison- Compare the existing and projected demand to the available supply. Prepare a memorandum summarizing the City's future water supply needs. 2. Site Evaluation a. Obtain necessary information on the available sites, including boundary limits and the location of any existing features that may impact the construction or operation of a well. b. Develop conceptual well site layouts for each of the potential sites, conforming to the Texas Natural Resources Conservation Commission requirements. c. Review previous water distribution studies to and proposed water distribution improvements to evaluate the suitability of each site as a water supply input point. d. Evaluate and make recommendations as to the feasibility of each site as a future water supply well site. e. Evaluate the potential impact of each site on the operations of the City's existing wells. f. Evaluate the cost and benefits of installing a new well versus increasing the quantity of water obtained from the City of Dallas. g. Develop cost projections for the recommended alternative h. Present recomn~ndations in the form of a memorandum 3. Coordination With City Staff a. Attend a kick off meeting with City staff to obtain input from staff regarding the project. b. Attend a meeting with the City staff to present findings regarding future water supply needs c. Attend a meeting with the City staff to present findings and recommendations regarding the feasibility of the alternative well sites. 4. Schedule Consultant shall complete the study and submit a draft report within three months after notice to proceed. Consultant shall submit a final report within one month after receipt of comments on the draft report from the City. / / / / / /