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HomeMy WebLinkAbout1998-399NOTE Change Order One - Ordinance 2000-103 ORDINANCE NO 9f-,W AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PERSONAL SERVICES CONTRACT WITH ROGER WILKINSON TO PROVIDE TECHNICAL SUPPORT FOR THE ACQUISITION OF RIGHT-OF-WAY PARCELS AND UTILITY EASEMENTS RELATING TO THE U S HIGHWAY 77 PROJECT, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton wishes to contract with Roger Wilkinson to provide personal services with regard to the acquisition of (1) nght-of-way parcels and (2) public utility easements for the Utility Relocation Phase, for the U S Highway 77 Project, and WHEREAS, a Personal Services Contract is exempt from competitive bidding in accordance with Tex Loc Gov't Code §252 002(a)(4), and WHEREAS, the City Council deems it in the public interest to authorize the City Manager to enter into a Personal Services Contract with Roger Wilkinson for the above - mentioned acquisition services, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I. That the City Manager is hereby authorized to enter into a Personal Services Contract with Roger Wilkinson, substantially in the form of the attached Contract, which is made a part of this ordinance for all purposes, to provide (1) right-of-way parcels and (2) public utility easements for the Utility Relocation Phase, for the U S Highway 77 Project SECTION II That the City Manager is hereby authorized to make the expenditures as outlined in the attached Contract SECTION III. That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the / qth day of 1998 JAC LLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY P l4NM6D\OPPII1ALWvr Oareniaiu`ANloeous�9e�xoeewllNwn CowcrAao Page 2 EMPLOYMENT CONTRACT FOR PERSONAL SERVICES STATE OF TEXAS COUNTY OF DENTON This Agreement, made and entered into this �cday of 1998, by and between Roger Wilkinson, , hereinafter referred to as "Consultant," and the City of Denton, a Texas Municipal Corporation, 215 East McKinney, Denton, Texas 76201, hereinafter referred to as "City " WHEREAS, the City needs to employ Roger Wilkinson, the former Engineering Tech Supervisor, to assist the City, and WHEREAS, the Consultant is the former Engineering Tech Supervisor for the City, and has over twenty-five years of experience in working with the City's right -of -way -services, and has unique qualifications and experience that no other person can offer the City during this period of time, NOW, THEREFORE, in consideration of the promises and mutual obligations herem, the parties hereto do mutually agree as follows I. Scope of Services: The Consultant shall perform the following personal services in a professional manner working as an independent contractor not under the direct supervision and control of the City A. Consultant will provide, without limitation, the following services I Technical support specifically for the the pending U S Highway 77 Project I H 35 to U S 380 (University Drive) acquisition of right-of-way parcels for , the limits for the project being from 2 Technical support specifically for the acquisition of Public Utility Easements for the Utility Relocation Phase for the pending U S Highway 77 Project, the limits for the project being from I H 35 to U S 380 (University Drive) $ The Consultant shall perform all the services required in a timely fashion, and shall complete same in compliance with schedules established by the City through its City Manager, as appropriate to cant' out the terms and conditions of this Agreement II. Term: The term of this Agreement shall begin on November 6, 1998 and continue through September 30, 1999 This Agreement may be sooner terminated in accordance with the provisions hereof Tune is of the essence of this Agreement, and the Consultant shall make all reasonable efforts to complete the services set forth herem as expeditiously as possible and to meet the schedules established by the City, through its City Manager III. ComBensatlon and Method of Payment: A The Consultant shall be paid at the rate of sixty dollars ($60 00) per hour, and shall provide at least forty hours per week of consulting services, and will be available for additional consulting services as may be required by the City Manager The total compensation to be paid to the Consultant under this Agreement shall not exceed One -Hundred and Twenty -Thousand Dollars ($120,000), unless the City Council approves additional compensation upon request of the City Manager B The Consultant shall devote the amount of time to this matter necessary to perform the services herein, but will try to reduce costs wherever possible The Consultant shall bill the City through the submission of invoices, statements, and other documentation, together with support data indicating the progress of the work and the services performed on the basis of monthly statements showing hourly rates indicating who performed the work, what type of work was done, and details of all services rendered, along with any reasonable and necessary out- of-pocket expenses incurred C Additionally, the City shall either pay directly or reimburse the Consultant, as the case may be, for reasonable and necessary out-of-pocket expenses, including but not limited to, telephone, telecopier, reproduction, postage, overnight courier, vehicle mileage($ 325 cents per mile), and travel All copies will be charged at fifteen cents ($ 15) per copy for copies made within Consultant's offices, and as much photocopying as possible will be done by outside vendors at bulk rates or by the City to reduce costs if bulk copying is necessary D Upon completion of all services for a particular issue or transaction, the City shall make payment to the Consultant within thirty (30) days of the satisfactory completion of services and receipt of an invoice or statement The parties anticipate invoices or statements for services will be generated on a monthly basis and that said invoices or statements will be sent on or about the 15th day of each month All reimbursable expenses, including but not necessarily limited to travel, lodging, and meals shall be paid at the actual cost, pursuant to the terms and conditions heremabove set forth All invoices and bills shall be approved by the City Manager E It is understood that the Consultant shall work under the coordination and general supervision of the City Manager. F All notices, invoices, and payment shall be made in writing and may be given by personal delivery or by mail Notices, invoices, and payments sent by mail shall be addressed respectfully, Michael W Jez, City Manager, 215 E McKinney, Denton, Texas 76201, or to Paul Williamson, Right -of -Way Agent, 221 North Page 2 Elm Street. When so addressed, the notice, invoice, and/or payment shall be deemed given upon deposit in the United States Mail, postage prepaid In all other instances, notices, invoices, and/or payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the responsible person or office to whom notices, invoices, and/or payments are to be sent, provided reasonable notice is given IV. Professional Competency: A The Consultant agrees that in the performance of these professional services, Consultant shall be responsible to the level of competency and shall use the same degree of dull and care presently maintained by other practicing professionals performing the same or similar types of work For the purpose of this Agreement, the key person who will be performing the work hereunder shall be Roger Willanson B. Any reports and other documents prepared or obtained under the terms of tins Agreement are instruments of service and the City shall retain ownership and a property interest therem. If tins Agreement is terminated at any time for any reason prior to payment to the Consultant for work under tins Agreement, all such documents prepared or obtained under the terms of the Agreement shall upon termination be delivered to and become the property of the City upon request and without restriction on their use or further compensation to the Consultant V. Establishment and Maintenance of Records: Full and accurate records shall be maintained by the Consultant at its place of business with respect to all matters covered by this Agreement Such records shall be maintained for a period of at least three years after receipt of final payment under tins Agreement. VI. Audits and Inspection: At any time during normal business hours and upon reasonable notice to the Consultant, there shall be made available to the City all of the Consultant's records with respect to all matters covered by tins Agreement The Consultant shall permit the City to audit, examine, and make excepts or transcripts from such records, and to make audits of contracts, invoices, materials, and other data relating to all matters covered by this Agreement VU. Accomulishment of Project: The Consultant shall commence, cant' on, and complete any and all projects with all practicable dispatch, in a sound, economical and efficient matter, and, in accordance with the provisions hereof and all applicable laws In accomplishing the projects, the Consultant shall take such steps as are appropriate to insure that the work involved is properly coordinated with related work being carved on in the City VHL lqdemnby and Independent Contractor Relationship: The Consultant shall perform all services as an independent contractor not under the direct supervision and control of the City Nothing harem shall be construed as creating a relationship of employer and employee between the parties The City and Consultant agree to cooperate in the defense of any claims, action, suit, or proceeding of any kind brought by a third party which may result from or directly or indirectly anse from any negligence and/or errors or omissions on the part of the Consultant or Page 3 from any breach of the Consultants obligations under this Agreement The Consultant agrees to defend, indemnify and hold harmless the City and all of its officers, agents, servants, and employees against any and all such claims, demands, damages, losses, and expenses, including, without limitation, court costs and reasonable attorney's fees incurred by the City in each case solely for mjury, death, and physical damages to real or tangible personal property to the extent resulting from the negligent acts or omissions of the Consultant in the performance of this Agreement. Nothing harem constitutes a waiver of any rights or remedies the City may have to pursue under either law or equity, including, without limitation, a cause of action for specific performance or for damages, or loss to the City, resulting from Consultant's negligent errors or omissions, or breach of contract, and all such rights and remedies are expressly reserved IX. Terinination of Agreement: A In connection with the work outlined in this Agreement, it is agreed and fully understood by the Consultant that the City may cancel or indefinitely suspend further work hereunder or terminate this Agreement at any time upon written notice to Consultant, upon receipt of such notice, Consultant shall cease all work and labor being performed under this Agreement Consultant may termmate this Agreement by giving the City fifteen (15) days written notice that Consultant is no longer in a position to continue representing the City Consultant shall invoice the City for all work satisfactorily completed and shall be compensated in accordance with the terms of this Agreement All reports and other documents, or data, or work related to the project shall become the property of the City upon termination of this Agreement B This Agreement may be terminated in whole or in part, in writing, by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party Provided, however, that no such termination may be affected, unless the other party is given (1] written notice (delivered by certified mail, return receipt request) of intent to terminate, and not less than thirty (30) calendar days to cure the failure, and, [2] an opportunity for consultation with the terminating party prior to termination C Nothing contained harem or elsewhere in this Agreement shall require the City to pay for any work which is unsatisfactory or which is not submitted in compliance with the terms of this Agreement X. En a gWMent: This agreement represents the entire agreement and understanding between the parties and any negotiations, proposals, or oral agreements are intended to be integrated harem and to be superseded by this written agreement. Any supplement or amendment to this agreement to be effective shall be in writing and signed by the City and the Consultant XI. Compliance with Laws: The Consultant shall comply with all federal, state, local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended, including but not limited to the Texas Disciplinary Rule of Professional Conduct Page 4 XII. Governing Law: For the purpose of determining place of agreement and law governing same, this Agreement is entered into the City and County of Denton, State of Texas, and shall be governed by the laws of the State of Texas Venue and Jurisdiction of any suit or cause of action arising under or in connection with this Agreement shall be exclusively in a court of competent Junsdiction sitting in Denton County XUL Discriminadon Prohibited: In performing the services required hereunder, the Consultant shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap XIV. Personnel: A. The Agreement to the Consultant represents that it has or will secure at its own expense all personnel required to perform all the services required under this Agreement Such personnel shall not be employees or have any contractual relations with the City Consultant shall inform the City of any conflict of interest or potential conflict of interest that may anse during the term of this Agreement B All services required hereunder will be performed by the Consultant or under his supervision All personnel engaged in work shall be qualified and shall be authorized or permitted under state and local laws to perform such services XV. Alsianabiiity: The Consultant shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the City thereto XV1. Severabillty: All agreements and covenants contained herem are severable, and in the event any of them, with the exception of those contained in sections headed "Scope of Services", "Independent Contractor Relationship", and "Compensation and Method of Payment" hereof, shall be held to be invalid by any competent court, this Agreement shall be interpreted as though such invalid agreements or covenants were not contained therein WILL PAponsibilities for Claims and Liability: Approval by the City shall not constitute nor be deemed a release of the responsibility and liability of the Consultant for the accuracy and competency of its work, nor shall such approval be deemed to be an assumption of such responsibility of the City for any defect in any report or other documents prepared by the consultant, its employees, officers, agents and consultants XV11L Modification of Agreement: No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding ansing between the parties hereto out of or af%dmg this agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed as aforesaid, and, the parties further agree that the provisions of this section will not be waived as herem set forth Page 5 XX. C dons: The captions of this Agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions of this Agreement XXL Binding Effect: This Agreement shall be binding upon and mure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and assigns where permitted by this Agreement IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager and Consult4pt has executed thus A ement through its duly authorized undersigned officer, dated the � day of 2=998 ATTE T BY JE W TERS, CITY SECRETARY APPROVED AS TO LEGAL FORM• HERBERRT L PRROUTY, CITY ATTORNEY BY /,!'� /�4 aa�"p WKWS0K.Cr CITY OF DENTON (7NSULTANT 1 Page 6 ORDINANCE NO -3 — 0 AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER ONE TO THE PERSONAL SERVICES CONTRACT PROVIDING TECHNICAL SUPPORT FOR RIGHT-OF-WAY ACQUISITION ASSOCIATED WITH U S 77 ROAD WIDENING PROJECT BETWEEN THE CITY OF DENTON AND ROGER WILKINSON, PROVIDING FOR AN INCREASE IN THE SCOPE OF WORK AND AN INCREASE IN THE PAYMENT AMOUNT, AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 92249-00 TO ROGER WILKINSON IN THE AMOUNT OF $120,000 PLUS CHANGE ORDER ONE IN THE AMOUNT OF $25,000) WHEREAS, on November 17, 1998 (Ordmance%#-399),j the City awarded a Personal Services Contract to Roger Wilkinson in the amount of $120,000, and WHEREAS, the City Manager having recommended to the Council that a change order be authorized to amend such contract agreement with respects to the individual performing the service and price and said change order being in compliance with the requirements of Chapter 252 of the Local Government Code, Now, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I. That the change order increasing the amount contract of the agreement between the City and Roger Wilkinson, on file in the office of the Purchasing Agent, in the amount of Twenty Five Thousand and no/100 Dollars ($25,000), is hereby approved and the expenditure of funds therefor is hereby authorized The master contract amount if amended to read $145,000 SECTION II. That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the �/ day of 2000 A C MILLER, MAYOR ATTEST JE FER WLALT��E�R��, CITY SECRETARY By M)Z/ l�/�1)A Jt APPROVED AS TO LEGAL F RM HERBER;Tj�V'UTY,C ATTORNEY o.. to pURCKASE ORDER 92249-00 ORDINANCE-2000 ATTACHMENT I F-1 } ( 2 LU Q o _u «§B-j o W ©■$IL ; D ■■ �0 ri0m k co U o X;kX o / 4m� § §;mn �0oWZ0k (n,ct) o 00 to « oz A LLA §/§2 j a ■ �§§.cri O �•■ Z°�« Q/o: |a / %!/ Zoo o of/f m Q )/� §�O0/ LO ) Q § M — ~ ° U)\ z®§; ` |;« § M f«f ; n ` o - !2 S |;, b` § |4§ Gj * ; /10CD*m q 2/§/ cr CD f §ke > , ,m ) }} < z °� \ j o \ § \ , \ ! \ � V) ( ƒ \ � § \ } 2 & LO § [ LO \ z ( ° z { - \ G( § ri ` OD 4 } e \ §§/ o % § )u«It « _ \ )