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HomeMy WebLinkAboutOrdinance No. 00-1260 ORIGINAL CITY OF THE COLONY, TEXAS ORDINANCE NO. OO -/2 ~,O AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH NATHAN D. MAIER CONSULTING ENGINEERS FOR AN INDEFINITE DELIVERY CONTRACT REGARDING HYDROLOGY/HYDRAULICS ENGINEERING SERVICES; 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 Nathan D. Maier Consulting Engineers for an indefinite delivery contract regarding hydrology/hydraulics engineering services. 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 by the City Council of the City of The Colony, Texas. DULY PASSED AND APPROVED by the C~ta~Council oft~ity of The Colony, Texas this 18th day of December 2000. It ~.. I I , b6vV~i'li:iam W. Manning, I[Iayor- ATTEST: Patti A. Hicks, TRMC, City Secretary APPROVED AS TO FORM: .~:~y Attorney AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is entered into the day of 2000, by and between the CITY OF THE COLONY, TEXAS, hereinafter referred to as CITY and Nathan D. Maier Consulting Engineers, hereinafter referred to as UNDERSIGNED. WHEREAS, CITY desires UNDERSIGNED to perform certain work and services set forth in the Scope of Services, marked Exhibit "A", and attached hereto and incorporated herein. WHEREAS, the UNDERSIGNED to perform certain work and services set forth in the Scope of Services, marked Exhibit "A", and attached hereto and incorporated herein. WHEREAS, the UNDERSIGNED has expressed and 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 furnish 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 accordance 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. "AS-NEEDED" PROFESSIONAL ENGINEERING SERVICES FOR HYDRAULIC AND HYDRAULIC EXPERTISE AS DESCRIBED IN THE SCOPE OF SERVICES MARKED EXHIBIT "A". B. UNDERSIGNED shall be responsible for the professional quality, technical accuracy, and the coordination of all design review of drawings and specifications, plans and other services furnished by UNDERSIGNED under this Agreement. UNDERSIGNED shall, without additional compensation, correct or revise any errors or deficiencies in the design review process of drawings, specifications, plans and other services. C. Neither CITY'S review, approval or acceptance of, nor payment for any of the services required under this Agreement, shall be construed to operate as a waiver of any rights under this Agreement, or of any cause of action arising out of the performance of this Agreement, and UNDERSIGNED shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by UNDERSIGNED'S negligent performance of any of the services furnished under this Agreement. D. The rights and remedies of 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 UNDERSIGNED on the basis herein described, subject to additions or deletions for changes or extras agreed upon in writing. B. Partial payment will be as stipulated in Exhibit "B" attached hereto and incorporated herein. C. Upon complete performance of this Agreement by UNDERSIGNED and final approval and acceptance of UNDERSIGNED'S service by 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 UNDERSIGNED. D. CITY may deduct from any amounts due or to become due to UNDERSIGNED any sum or sums owing by UNDERSIGNED to CITY. In the event of any breach by 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 CITY, or the CITY'S premises, arising out of UNDERSIGNED'S performance of this Agreement, CITY shall have the right to retain out of any payments due or to become due to UNDERSIGNED any 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. 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, UNDERSIGNED may request an extension of time for the performance of same in 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 90 days. C. No allowance of any extension of time, for any cause whatever, shall be claimed or made to the UNDERSIGNED, unless UNDERSIGNED shall have made written request upon CITY for such extension within forty-eight (48) hours after the cause for such extension occurred, and unless CITY and UNDERSIGNED have agreed in writing upon the allowance of additional time to be made. ARTICLE V DOCUMENTS A. All instruments of service (including plans, specifications, drawings, reports, designs, computations, computer programs, estimates, surveys, other data or work items, etc.) reviewed 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 CITY. B. Such documents of service, together with necessary supporting documents, shall be delivered to CITY, and CITY shall have unlimited rights, for the benefit of CITY. ARTICLE VI TERMINATION A. 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 CITY to be satisfactorily performed' to date of suspension or termination. Such payment will be due upon delivery of all instruments of service to CITY. B. Should the CITY require a modification of its contract with UNDERSIGNED, and in the event CITY and UNDERSIGNED fail to agree upon a modification to this Agreement, CITY or the UNDERSIGNED shall have the option of terminating this Agreement. Payment to UNDERSIGNED shall be made by the CITY in accordance with the terms of this Agreement, for the services mutually 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 Workman's 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 UNDERSIGNED and 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 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 UNDERSIGNED and CITY from liability arising 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. E. A signed Certificate of Insurance, satisfactory to CITY, showing compliance with the requirements of this Article shall be furnished to CITY before any services are performed to CITY prior to the cancellation or modification of any insurance referred to therein. 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 "Indemnities"), 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 negligent act, error, or omission of the UNDERSIGNED, its officers, employees, servants, agents or subcontractors, or anyone else under the UNDERSIGNED'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 on-performance of said work or services. In the event one or more of the Indemnities 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 Indemnities 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 review by the CITY shall not constitute nor be deemed a release of this responsibility and liability of UNDERSIGNED, its employees, associates, agents and consultants for the accuracy or competency of their review of 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 review of designs, working drawings and specifications, or other documents by UNDERSIGNED, its employees, contractor, agents and consultants. ARTICLE IX INDEMNIFICATION FOR UNEMPLOYMENT COMPENSATION UNDERSIGNED agrees that it is an independent contractor and not an agent of the CITY, and that UNDERSIGNED is subject, as an employer, to all applicable Unemployment Compensation Statutes, so as to relieve CITY of any responsibility or liability from treating UNDERSIGNED'S employees as employees of the CITY for the purpose of keeping records, making reports or payments of Unemployment Compensation taxes or contributions. 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 UNDERSIGNED. ARTICLE X INDEMNIFICATION FOR PERFORMANCF UNDERSIGNED shall defend and indemnify Indemnities 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 oab9rk tools, materials, equipment, supplies, transportation and management costs incurred by UNDERSIGNED in performing this Agreement. ARTICLE Xl ASSIGNMENT UNDERSIGNED shall not assign or sublet this Agreement, or any part thereof, without the written consent of the CITY. 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 VVith Disabilities Act, relating or applicable to services to be performed under this Agreement. ARTICLE XlII DEFAULT OF UNDERSIGNED In the event 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 UNDERSIGNED, 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 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 UNDERSIGNED to and from meetings called by the CITY at which UNDERSIGNED is required to attend, but shall not include any loss of profit of 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. B. 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 EFFECTIVF This Agreement will be effective upon execution of the contract by and between UNDERSIGNED and CITY. ARTICLE XVI AGREEMENT AMENDMENTS This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and there are no oral understandings, statements or stipulations bearing upon the meaning or effect of this Agreement that hav~ 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 herein. 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: Nathan D. Maier Consulting Engineers, Inc. Two Northpark 8080 Park Lane, Suite 600 Dallas, Texas 75231 ARTICLE XlX CLOSURE IN WITNESS WHEREOF, the parties Iiereto have executed this Agreement on this the day of ,2000. CITY: UNDERSIGNED: City of The Colony, Texas Nathan D. Maier Consulting Eng., Inc. By: By: City Manager 6800 Main Street Title: The Colony, Texas 75056-1133 Two Northpark 8080 Park Lane, Suite 600 Dallas, Texas 75231 Witness: Witness: City Secretary Approved as to Form: Approved as to Content: City Attorney Abel V. Salda~a, P.E. City Engineer EXHIBIT A to Agreement Between the City of The Colony, Texas (CITY) and Nathan D. Maier Consulting Engineers, Texas Corporation (UNDERSIGNED) for Professional Service. s, Dated , 2000 SCOPE OF SERVICES: A. This is an exhibit attached to, made a part of and incorporated by reference into the Agreement made on ,2000 between CITY and UNDERSIGNED providing for professional services. B. UNDERSIGNED shall review floodplain studies, drainage reports, and drainage improvement plans for the City of The Colony. The work will be performed on an "as-needed" basis and will include the following elements: Task 1 - Drainaqe Review Services UNDERSIGNED will perform the review of floodplain studies, drainage reports, and drainage improvement plans for the CITY on an "as-needed" basis. These reviews will include, but is not limited to, floodplain reclamation studies, Conditional Letters of Map Revisions, Letters of Map Revisions, CDC submittals, channel and storm drainage improvement plans, and erosion control improvements. The review will be performed to determine the adequacy of reports and plans related to the Storm water and Flood Protection Ordinance, City construction standards, and other City design requirements. The City of The Colony will provide the UNDERSIGNED with copies of pertinent reports and plans that require drainage review. UNDERSIGNED will review reports and plans provided by the CITY. The review comments will be documented in letter or memo format and returned to the CITY. UNDERSIGNED will retain a copy of the pertinent portion of the documents and will return initial submittals to the CITY, as necessary. Task 2 - Coordination and Meetinqs UNDERSIGNED will provide any coordination, related to the review comments, as requested by the CITY. This will include a representative of the UNDERSIGNED attending any meetings requested by the CITY. UNDERSIGNED will also pick up and return reports and plans as necessary. In addition, UNDERSIGNED will attend and assist the CITY, at miscellaneous meetings related to floodplain and drainage issues, as requested by the CITY. C. UNDERSIGNED will pick up, review and return plans within ten (10) working days of notification of plan submittal for the first review. All subsequent reviews shall be performed within five (5) WORKING DAYS. The CITY agrees to report promptly in writing to the UNDERSIGNED any fault or defect in the UNDERSIGNED's services or non-conformance with the provisions of this Agreement. D. TIME OF COMPLETION: UNDERSIGNED agrees to perform said professional services through January 31,200:1or until provided written notice of termination of contract. END OF EXHIBIT A EXHIBIT B to Agreement Between the City of The Colony, Texas (CITY) and Nathan D. Maier Consulting Engineers, Texas Corporation (UNDERSIGNED) for Professional Services, Dated ,2000 COMPENSATION A. This is an exhibit to, made a part of and incorporated by reference into the Agreement made on ,2000 between CITY and UNDERSIGNED providing for "on-call" professional engineering services. B. UNDERSIGNED will accomplish the services outlined in the tasks presented in Exhibit "A" of this Agreement on a reimbursable basis. Actual labor hours charged will be invoiced in accordance with the schedule of hourly billing rates listed below. Invoices may also include other direct expenses, such as reproductions, equipment rental, delivery services or travel expenses. Such other direct expenses, in any, will be billed at actual cost plus fifteen (15%) percent. C. Invoices will be submitted by UNDERSIGNED to the CITY monthly for services performed and expenses incurred pursuant to this Agreement during the prior month. Payments on account for services shall be made monthly within thirty (30) days of invoice. All invoices will be accompanied by a status report on all completed work. SCHEDULE OF FEES AND CHARGES Principal $95.00 - $150.00/Hour Expert Testimony $175.00/Hour Registered Engineer $75.00 - $110.00/Hour Registered Surveyor $65.00 - $ 85.00/Hour Engineer $40.00 - $ 70.00/Hour Senior Designer $60.00 - $ 65.00/Hour Technician $45.00 - $ 60.00/Hour Drafter $21.00 - $ 40.00/Hour Secretarial/Word Processing $ 40.00/Hour END OF EXHIBIT B