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HomeMy WebLinkAboutOrdinance No. 00-1259 ORIGINAL CITY OF THE COLONY, TEXAS ORDINANCE NO. ~0- AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH DESHAZO & TANG FOR AN INDEFINITE DELIVERY CONTRACT REGARDING TRAFFIC/TRANSPORTATION 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 DeShazo & Tang for an indefinite delivery contract regarding traffic/transportation 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 ~ti~· -, Council of 1~l~ City of The Colony, Texas this 18th day °f December 2000' William W. Manning, Mayor ATTEST: Patti A. Hicks, TRMC, City Secretary APPROVED AS TO FORM: ~or~ey~ / ~/ CITY OF THE COLONY, TEXAS CONSULTANT CONTRACT STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THIS CONTRACT is made and entered into this date by and between the CITY OF THE COLONY, a Texas Municipal corporation (hereinafter referred to as the "CITY"), and DESHAZO, TANG & ASSOCIATES, INC. (hereinafter referred to as "CONSULTANT") and evidences the following. I. PURPOSE CONSULTANT shall provide professional transportation engineering consulting services to the CITY as requested by the CITY staff. II. DESCRIPTION OF SERVICES The services which CONSULTANT shall provide for the CITY shall include but not be limited to review of development plans, plats, right-of-way dedication, traffic impact analysis, review of engineering designs prepared by others, design review and coordination of TxDOT plans, serve as technical advisor to Planning & Zoning Commission/City Council related to transportation engineering and/or transportation planning, prepare reports and technical memorandums, attend City Council/Planning & Zoning meetings, and assist City Staff in other duties as may be required or requested. III. PERFORMANCE OF WORK CONSULTANT or CONSULTANT'S associates and employees shall perform the work called for in this Contract. CONSULTANT hereby covenants and agrees that CONSULTANT'S associates and employees who work on this project shall be fully qualified to undertake same and competent to do the work described in this Contract. IV. PAYMENT The CITY shall pay to CONSULTANT for performance of the professional services called for under the terms and conditions of the Contract. Such payment shall be made monthly based upon the hourly rates for each employee times the number of hours of service provided by each employee in accordance with the Exhibit A billing rate schedule attached and hereby incorporated into the agreement. Ordinary and reasonable expenses (copies, mileage, reprographics, etc.) shall be billed in accordance with the attached Exhibit A. The houdy rates in Exhibit A may be modified annually by both parties mutually agreeing to same in writing. From time to time, the CITY may request the CONSULTANT to prepare a proposal for specific tasks on a lump-sum basis. Such proposals shall be negotiated between the CITY staff and CONSULTANT on a project-by-project basis. V. TERM OF CONTRACT This contract shall commence and be in full force and effect upon the signing of the Contract and observance of the appropriate formalities. This Contract shall remain in force until such action is initiated by the CITY or CONSULTANT as provided in Paragraph XV herein. VI. CONTRACT PERSONAL CONSULTANT and the CITY hereby covenant and agree that this Contract provides for personal services and that these services are not to be assigned or sublet in whole or part without the prior written consent of the CITY. VII. CONFLICT OF INTEREST CONSULTANT hereby covenants and agrees that during the Contract period the CONSULTANT and any of CONSULTANT'S associates and employees will have no interest nor acquire any interest, either direct or indirect, which will conflict in any manner with the performance of the services called for under this Contract. All activities, investigations and other efforts made by CONSULTANT pursuant to this Contract will be conducted by employees or associates of CONSULTANT. CONSULTANT further covenants and agrees that it understands that the Code of Ordinances of The Colony prohibits any officer or employee of the CITY from having any financial interest, either direct or indirect, in any business transaction with the CITY. Any violation of this paragraph which occurred with the actual or constructive knowledge of CONSULTANT will render this Contract voidable by the CITY. VIII. CHANGE IN WORK The CITY, through its City Engineer, may request changes in the scope and focus of the activities and studies called for under this Contract. Any such change which, in the opinion of the CONSULTANT or the CITY. The parties herein 2 acknowledge that any change in the scope of focus of the work which results in the increase in compensation to CONSULTANT of that stated in Paragraph IV hereof must first be approved by the CITY'S City Manager or City Council, where applicable. IX. CONFIDENTIAL WORK Any reports, designs, plans, information, project evaluations, data or any other documentation given to or prepared or assembled by CONSULTANT under this Contract shall be kept confidential and may not be made available to any individual and may not be made available to any individual or organization by CONSULTANT without the prior written approval of the CITY. OWNERSHIP OF DOCUMENTS The CONSULTANT shall provide the CITY with copies of data, technical memorandum, reports and sketches on electronic media. CONSULTANT covenants and agrees that such documents will be made available to the CITY, and once completed will become instruments of service with ownership lying with the CITY. The CONSULTANT may maintain copies of products produced within this agreement. Xl. NON-DISCRIMINATION As a condition to this Contract, CONSULTANT covenants and agrees that CONSULTANT will take all necessary actions to ensure, in connection with work under this Contract, that CONSULTANT or CONSULTANT'S associates, sub-contractors, or employees, will not discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, sex or physical handicap unrelated to job performance, either directly or indirectly or through contractual or other arrangements. In this regard, CONSULTANT shall keep, retain and safeguard all records relating to the Contract for work performed hereunder for a minimum period of three (3) years from final Contract completion, with full access allowed to authorized representatives of the CITY upon request, for purposes of evaluating compliance with this and other provisions of this Contract. XlI. INDEPENDENT CONTRACTOR By the execution of this Contract, the CITY and CONSULTANT does not change the independent contractor status of CONSULTANT. No term or provision of this Contract or any act of CONSULTANT in the performance of this Contract may be construed as making CONSULTANT the agent or representative of the CITY. XlII. HOLD HARMLESS 3 CONSULTANT agrees to indemnify, hold harmless, and defend the CITY, at CONSULTANTS cost, its officers, and employees from and against claims or suits for injuries, damages, loss, liability, or character, arising out of or in connection with the performance by the CONSULTANT, its officers, agents, employees, consultants and subcontractors. XlV. NO VERBAL AGREEMENT This contract contains the entire commitments and agreements of the parties to the Contract. Any verbal or written commitment not contained in this Contract or expressly referred to in this Contract incorporated by reference shall have no force or effect. XV. TERMINATION The CITY or the CONSULTANT may, at either party's option and without prejudice to any other remedy to which it may be entitled as law or in equity, terminate further work under this Contract, in whole or in part, by giving at least thirty (30) days prior written notice thereof to the other party with the understanding that all services being terminated shall cease upon the date specified in such notice. The CITY shall equitably compensate CONSULTANT in accordance with the terms of this Contract for the service properly performed prior to the date specified in such notice following inspection and acceptance of same by the CITY. Such payment will be due upon delivery of all instruments of service to CITY. CONSULTANT shall not, however, be entitled to lost or anticipated profits should the CITY or CONSULTANT choose to exercise its option to terminate. XVI. VENUE The parties to this Contract agree and covenant that this Contract will be performable in The Colony, Texas, and that if legal action is necessary to enforce this Contract, exclusive venue will lie in Denton County, Texas. XVlI. APPLICABLE LAWS The Contract is made subject to the existing provisions of the Charter of the City of The Colony, its rules, regulations, procedures and ordinances, present and future, and all applicable laws of the State of Texas and the United States. 4 XVlll. CONTRACT INTERPRETATION The parties to this Contract covenant and agree that in any litigation relating to this Contract, the terms and conditions of the Contract will be interpreted according to the laws of the State of Texas. XlX. NOTICES All notices, communications and reports' under this Contract must be mailed or delivered to the respective parties at the addresses shown below, unless either party is otherwise notified in writing by the other party. CITY: Mr. Abel V. Salda~a, P.E. City Engineer City of The Colony 6800 Main Street The Colony, Texas 75056-1133 CONSULTANT: DeShazo, Tang & Associates, Inc. 400 S. Houston, Suite 330 Dallas, Texas 75202 XXl SEVERABILITY In the event that any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Contract shall be considered as if such invalid, or unenforceable provision had never been contained in the Contract, XXl. RIGHT OF REVIEW CONSULTANT covenants and agrees that the CITY, upon reasonable notice to CONSULTANT, may review any of the work performed by CONSULTANT under this Contract. 5 XXlI. SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto and their successors, and, except as otherwise provided herein, their assigns. XXlII. CAPTIONS The captions to the various clauses of this Contract are for informational purposes only and in no way alter the substance of the terms of this Contract. WAIVER OF ATTORNEYS FEES CONSULTANT and CITY expressly covenant and agree that, in the event of any litigation arising between the parties to this Contract, each party shall be solely responsible for payment of its attorneys and that in to event shall either party be responsible for the other party's attorneys fees regardless of the outcome of the litigation. XXVl LIMITATIONS OF LIABILITY CONSULTANT shall maintain, at no expense to the CITY, a professional liability (errors and omissions) insurance policy placed with a company authorized to do business in Texas, in an amount not less than one ($1,000,000) million dollars. Such policy shall require the giving of written notice to CITY at least thirty (30) days prior to cancellation, non-renewal or material modification of any policies, evidenced by return receipt of United States Certified Mail. CONSULTANT shall furnish CITY with copies of said policies or certificates evidencing such coverage. EXECUTED this /~ day of ~t'¢,~J)3/~J,. ,2000. CITY OF THE COLONY DESHAZO, TANG & ASSOC., INC CITY MANAGER TOM J. SIMERLY, P.E. ATTEST: APPROVED AS TO FORM: CITY SECRETARY CITY ATTORNEY 6 Exhibit A DESHAZO, TANG & ASSOCIATES, INC. Billing Rate Schedule November 2000 Principals .......................................................... $135.00/hou r Senior Engineers ................................................ $120.00/hour Project Managers ................................................ $100.00/hour Project Engineers ................................................ $ 80.00/hour Junior Engineers ................................................. $ 75.00/hour Technicians ........................................................ $ 55.00/hour Clerical .............................................................. $ 55.00/hour 7