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HomeMy WebLinkAboutOrdinance No. 00-1218 CITY OF THE COLONY, TEXAS ORDINANCE NO. (DO' ~ ~,~l ~' AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH HUNTER ASSOCIATES FOR UPDATING LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENT PROJECT REPORT; 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 Hunter Associates for updating land use assumptions and capital improvement project report. 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 City Council of the City of The Colony, Texas this 7th day of August 2000. William W. Manning, r ~ ATTEST: Patti A. Hicks, TRMC, City Secretary APPROVED AS TO FORM: Attorney /" - CONTRACT FOR PROFESSIONAL SERVICES FOR ENGINEERING CONSULTING SERVICES STATE OF TEXAS § COUNTY OF DENTON § This CONTRACT and AGREEMENT made and entered into this the [/~_-' day of_/:~.~0__,.~_, 2000, by and between the City of The Colony , Texas, a Home Rule City, hereinafter referred to as "City", and Hunter Associates Texas, Ltd., hereinafter referred to as "Engineer". WITNESSETH: RECITALS WHEREAS, Engineer has submitted a scope of work, and City has approved, a proposal for the performance by Engineer of professional engineering services for the Project (herein so called) described on Exhibit "A" attached hereto and incorporated herein for all purposes; and WHEREAS, the Scope of Services (herein so called) for the Project is more fully described on Exhibit "A"; and WHEREAS, Engineer's employees or agents are duly licensed to perform professional engineering services in the State of Texas and have sufficient expertise to perform the services described in the Scope of Services to the highest professional standards; and WHEREAS, City and Engineer therefore desire to enter into this Agreement to evidence their mutual understandings and agreements for the performance by Engineer for City of the work described in the Scope of Services for the Project. NOW'THEREFORE, in consideration of the premises and the mutual covenants and agreements hereafter set forth, City and Engineer hereby agree as follows: I. ENGINEER Engineer, referred to herein is Hunter Associates Texas, Ltd., whose address is 8140 Walnut Hill Lane, Suite 500, Dallas, Texas 75231. 2000 - Impact Fee Contract FINAL.wpd II. PURPOSE Engineer shall perform all of the planning, engineering, and surveying services specified within the Scope of Services (herein so called) described on Exhibit "A" attached hereto and incorporated herein by reference for the Project described on Exhibit "A". III. DESCRIPTION OF SERVICES Engineer's services hereunder shall include and be subject to the following: A. Engineer understands that it is to work closely with the City Manager or its designated representative of City, hereinafter referred to as "Project Director", and other appropriate City officials, and, that, it is to perform any and all related tasks required of it by Project Director in order to fulfill the purposes of the work to be performed. B. Engineer shall perform all the services as set forth in the Scope of Services, attached hereto as Exhibit "A" and authorized by Project Director, provided however, should there be any conflict between the terms of said Scope of Services or Engineer's proposal and the terms of this Agreement, the terms of this Agreement shall be final and binding. C. Work under this Contract shall be authorized by Project Director in various phases as set forth in the Scope of Services. IV. PERFORMANCE OF WORK Engineer and its associates or employees shall perform all the work hereunder. Engineer agrees that all its associates or employees who work on this project shall be fully qualified to undertake same and competent to do the work described hereunder. V. TERM OF THIS CONTRACT The services to be performed, as described in the Scope of Services (Exhibit "A"), will be on continuous ne&t as directed by the City's Project Director. The termination of this contract will be in accordance to Section XIV of this contract. VI. BASIS OF COMPENSATION A. Availability of Funds The City agrees that funds to the extent required by this contract, are currently available and sufficient to complete all phases of the proposed engineering services authorized under this Contract. 2000 - Impact Fee Contract FINAL.wpd All invoices submitted by the Engineer and approved by the City, shall be paid within thirty (30) days of the invoice date. For any payments not made within thirty (30) days, a charge will be made monthly in the amount of one percent (1%) of the unpaid balance, beginning thirty (30) days fi:om receipt of invoice except in such case as an invoice is disputed by the City, whereby an additional thirty (30) day period shall be allowed to resolve any disputed invoice. B. Compensation 1. Basic Service Compensation to the Engineer for Basic Services shall be a cost plus. The scope of Basic services and the cost plus is defined in Exhibit "A". Monthly statements shall be submitted by Engineer and approved by the City with the total amount not to exceed $15,000 without prior approval fi:om the City. VII. CONTRACT PERSONNEL This Contract provides for professional services, and these services will not be assigned or sublet in whole or in part except as identified herein without the consent of City. VIII. CONFLICT OF INTEREST Engineer covenants that during the Contract period Engineer and/or any of its associates or employees will have no interest and shall not acquire any interest, direct or indirect, which will conflict in any manner or degree under this Contract. Engineer agrees that none of its paid personnel shall be employees of City or have any conflicting contractual relationship with City. All activities, investigations, and other efforts made by Engineer pursuant to this Agreement shall be conducted by employees or associates of Engineer. Engineer further understands that the policy prohibits any officer or employee of the City fi:om having any financial interest, direct or indirect, or any contract with City. Any violation of this paragraph, with knowledge expressed or implied by Engineer, shall render this Agreement voidable by the City Council of The Colony , Texas. IX. CHANGE IN WORK City may request, fi:om time to time, changes in the scope or focus of the activities, investigations and studies conducted or to be conducted by Engineer pursuant to this Agreement through Project Director or his designated representative. If in the opinion of Engineer, Project Director or his designated representative, such change would entail an increase in cost or expense to Engineer, such increase shall be mutually agreed on by Engineer and Project Director. Changes in the scope, which in the opinion of Engineer and Project Director would require additional funding by City, must first be approved by City through a duly adopted Resolution. 2000 - Impact Fee Contract FINAL.wpd X. CONFIDENTIAL WORK Any reports, information, project evaluation, project designs, data or any other documentation developed by Engineer hereunder given to or prepared or assembled by Engineer which City desires to be kept confidential will not be made available to any individual or organization (except City approved subcontractors) by Engineer without the prior written approval of City. XI. OWNERSHIP OF DOCUMENTS Upon acceptance or approval by City, all reports, information and other data given to, prepared or assembled by Engineer under this Contract, and any other related documents or items shall become the sole property of City and shall be delivered to City. Engineer may make copies of any and all documents for its files. XII. ENGINEER'S LIABILITY Approval of Engineer's work by City shall not constitute nor be deemed a release of the responsibility and liability of Engineer, its employees, agents or associates for the accuracy and competency for their designs, reports, information and other documents nor shall approval be deemed to be the assumption of such responsibility by City for any defect or error in the aforesaid documents prepared by Engineer, its employees and associates. XIII. CONTRACT TERMINATION A. The obligation to provide fimher services under this Agreement may be terminated by either party upon thirty (30) days written notice in the event of failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. Engineer shall invoice City for all work completed and shall be compensated in accordance with the terms of this Contract for all work accomplished by it to the termination date. All reports, statistics, informational documents, and other documents, or data relating to Engineer's services hereunder shall become the property of City upon termination of this Contract. B. Nothiflg contained in this Contract shall require City to pay for any work which is unsatisfactory as determined by Project Director or which is not submitted in compliance with the terms of this Contract. City shall not be required to make any payments to Engineer while Engineer is in default, nor shall this Article constitute a waiver of any right, at law or at equity, which City may have if Engineer is in default, including the right to bring legal action for damages or to force specific performance of this Contract. XIV. RIGHT OF REVIEW Engineer agrees that City may review any and all of the work performed by Engineer under this Contract. 2000 - Impact Fee Contract FINAL.wpd XV. NOTICES All notices, communications, and reports under this Contract shall be mailed or delivered to the respective parties by depositing same in the United States mail at the address shown below, unless and until either party is otherwise notified in writing by the other party at the following address: CiW Engineer City of The Colony Hunter Associates Texas, Ltd., Lanny Lambert Hal B. Jones, P.E., R.P.L.S. City Manager Senior Vice President 5151 N. Colony Blvd. 8140 Walnut Hill Lane, Suite 500 The Colony, Texas 75056 Dallas, Texas 75231-4350 XVI. DISCRIMINATION A. Discrimination Prohibited No person in the United States shall, on the grounds of race, creed, color, national origin or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available to Engineer pursuant to the terms of this Contract. B. Specific Discriminatory_ Actions Prohibited Engineer may not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination on the basis of race, color, national origin, creed or sex. XVII. INDEPENDENT CONTRACTOR In the rendering of services to beneficiaries as defined herein, Engineer is performing services of the type performed prior to this Contract, and City and Engineer by the execution of this Contract do not change th~ independent status of Engineer. No term or provision hereof or act of Engineer in the performance of this Contract shall be construed as making Engineer the agent of City. XVIII. HOLD HARMLESS Engineer agrees to defend, indemnify and hold City, its officers, agents and employees harmless against any and all claims, lawsuits, judgements, costs and expenses and collection costs for personal injury (including death, property damage or other harm for which recovery of damages is sought) that may arise out of or be occasioned by the intentional or negligent breach of any terms of provisions of this contract by Engineer, its officers, agents, associates, employees or subconsultants, or by any other negligent act or omission of Engineer, its officers, agents, associates, employees or 2000 - Impact Fee Contract FINAL.wpd subconsultants, in the performance of this contract, except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence of City, its officers, agents, employees or separate contractors or subcontractors and in the event of joint and concurrent negligence of both the Engineer and City, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without, however, waiving any governmental immunity available to the City under Texas law and without waiving any defense of the parties under Texas law. Engineer shall not be liable for any act of the City's contractor and its sub-contractors. Engineer shall not be liable for specifying or following standard engineering practices and procedures and the above shall not constitute an acceptance by the Engineer of any liability that the City may incur as a result of City's actions or immunities. Engineer shall be liable to City for the amount of the funds received under this Contract which Engineer disburses in violation of the terms and conditions herein as remedy to the violation. XIX. OPINIONS OF COST Since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor(s)' methods of determining prices, or over competitive bidding or market conditions, Engineer's opinions of probable Total Project Costs and Construction Cost provided for herein are to be made on the basis of Engineer's experience and qualifications and represent Engineer's best judgement as an experienced and qualified professional engineer, familiar with the construction industry; but Engineer cannot and does not guarantee that proposals, bids or actual Total Project or Construction Costs will not vary from opinions of probable cost prepared by Engineer. XX. NO VERBAL AGREEMENT This Contract contains all commitments and agreements of the parties hereto and no verbal or written commitments shall have any force or effect if not contained herein. XXI. VENUE The parties he~:ein agree that this Contract shall be enforceable in Denton County, and if legal action is necessary to enforce it, exclusive venue shall lie in Denton County, Texas. XXII. APPLICABLE LAWS This Contract is made subject to the existing provisions of the General Laws of the City, its rules, regulations, procedures, and ordinances, enacted upon or implemented by City and all applicable laws of the State of Texas and the United States. 2000 - Impact Fee ConWact FINAL.wpd XXIII. CONTRACT INTERPRETATION In interpreting the various provisions of this Contract in a Court of Law, any said court having jurisdiction shall apply the laws of the State of Texas to interpret the terms and provisions of this Agreement. XXIV. CAPTIONS The captions to the various clauses of this Agreement are for informational purposes only and shall not alter the substance of the terms and conditions of this Agreement. 2000 - Impact Fee Contract FINAL.wlxl EXECUTED this the ~ day of ,2000, the City of The Colony, Texas signing by and through its City Manager, duly authorized to execute same by Motion approved by the City Council on the ~ day of ,2000, and executed by Engineer. CITY OF THE COLONY, TEXAS ENGINEER Hunter Associates Texas, Ltd. LBL~b-e~'~/~''-' -- Hal B. Jones, City Manager"" Senior Vice President '~ ~/~. ATTEST ~'".. City ffec~ary APPROVED AS TO FORM COMPLETE ADDRESS 8140 Walnut Hill Lane City Attorney One Glen Lakes Tiffany Haertling Suite 500 Dallas, Texas 75231-4350 (214) 369-9171 (214) 696-3795 - FAX (SEAL IF CORPORATION) 2000 - Impact Fee Contract FINAL.wpd EXHIBIT "A" SCOPE OF SERVICES UPDATE CAPITAL IMPROVEMENT PROJECTS FOR IMPACT FEE This proposed project will update The Capital Improvement Projects so that the existing Impact Fees for water, wastewater, and thoroughfare can be evaluated. The Texas Local Government Code 395.052 requires political subdivision to update their Land Use Assumptions and Capital Improvement Plans at least every three years. The City of The Colony existing plan was adopted the 170' day of November, 1997. The City shall provide the following information to Hunter Associates Texas, Ltd.: 1. Updated existing & proposed water maps 2. Updated existing & proposed wastewater maps 3. Updated existing & proposed thoroughfare plans 4. Population growth over last three years 5. Water usage over last three years 6. Wastewater treated over last three years 7. Current Land Use Map 8. Current Zoning Map Hunter Associates will take the above data and work with appointed Advising Committee to achieve the following goals: 1. Identify the service areas for water, wastewater and thoroughfare. 2. Prepare Land Use Assumption from the existing Land Use Plan. This will involve concurring on population projection for next ten years and agreeing on where the growth will occur. 3. Re-evaluate the existing Capital Improvement Projects for water, wastewater, and 'thoroughfare, and recommend changes to fit the existing Land Use Plan. 4. Recalculate the Capital Cost for the various projects utilizing current construction price and existing bond data. 5. Prepare Impact Fee computation and schedule for water, wastewater and thoroughfare. 6. Present the revised Land Use Assumption Plan and Impact Fee to the City Council for their review and approval. Hunter Associates Texas, Ltd. will provide the above described professional services at its established hourly rate (see attached). It is estimated that it will take three to five months to perform A- 1 2000 - Impact Fee Con~ract F1NAL.wpd the above service and that it will involved 4 to 6 meetings with the Advisory Committee. The Final Product will be a Revised Capital Improvement Impact Fee Report with the supporting Tables and Maps. Hunter Associates agree to provide this service at cost not to exceed $15,000 without prior approval from the City. A-2 2000 - Impact Fee Contract FINAL.wpd EXHIBIT "B' HUNTER ASSOCIATES TEXAS, LTD. ENGINEEILS/PLANNERS/SURVEYOILS COST RATE SCHEDULE JANUARY 1, 2000 Salary Costs The Company has divided its workers into 12 experience and work levels. The Company will bill the cost of these employees at the hourly rates shown below times a multiplier of 2.0. WORK SUMMARY HOURLY LEVEL DESCRIPTION RATE 12 Executive Engineers & President $ 52.00 11 Supervising Manager/Engineers/Survey & Vice Presidents $ 46.00 l0 Associate & Principal Design Engineers $ 36.00 9 Senior/Project engineers & Registered Surveyors $ 32.00 8 Staff Engineers, Senior Planners & Accountants $ 29.00 7 Engineering Assistants & Planners, Sr. Sec'y, A/R Mgr. $ 27.00 6 Technical Writers, CAD Technicians, Sr. Inpectors, Survey Tech. $ 25.00 5 Senior secretary, Inspectors, CAD Operators $ 22.00 4 Secretary, Accounts Rec/Payable Personnel $18.00 3 Senior Clerical Worker $15.00 2 Clerical Worker $13.00 1 Beginners & Trainees $12.00 Non-Salary Costs The Company will bill all NON-SALARY AND SUB-CONTRACT COSTS at cost plus twenty five percent (25%). Other services will be billed as shown below plus twenty five percent (25%). A. Transportation expense will be charged at $0.325 for cars and $0.55 for frocks per mile for transportation to and from Company office to the job site, or between locations. B. 'Cost of stakes iron pins, lath etc., used in construction layouts and surveys are charged as they are used by the field parties or engineers. C. Blue prints, Plots and other out-of-pocket material, communication and equipment cost will be charged. D. Engineer's two-man field survey party, furnished with standard equipment, will be charged at the standard rate of seventy five dollars ($85) per hour. Extra survey equipment and personnel would be charged as additional out-of-pocket costs. Survey cost for other subcontractors will be charged at their standard rates. E. The Company computer charges will be at the rate of eight dollars ($8) per hour. All of the above rates are subject to upward adjustment each January Ia by an amount equal to the U.S. Construction Inflation Rate as published by the Government. B- 1 2000 - Impact Fee Contract FINAL.wlxl