1993-1741 \updocs\cor\daveham Ord
ORDINANCE NO 21___Zl~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING A CONSULTING
SERVICES CONTRACT WITH C DAVID HAM AND EXPENDING PUBLIC FUNDS
THEREFOR IN AN AMOUNT NOT TO EXCEED TWELVE THOUSAND NINE HUNDRED
SIXTY DOLLARS AND NO CENTS ($12,960 00), AND DECLARING AN EFFECTIVE
DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the city manager is hereby authorized to act
on the City's behalf in executing a consulting services contract
with C David Ham, a copy of which is attached hereto and incorpor-
ated by reference herein
SECTION II That the City Manager is hereby authorized to
expend public funds pursuant to this contract in an amount not to
exceed Twelve thousand Nine hundred Sixty dollars and no cents
($12,960 00)
SECTION III, That this ordinance shall become effective
immediately upon its passage and apparLoval
PASSED AND APPROVED this the a! day of 1993
BOB CASTLEBERRY,
ATTESTS
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
BY j
SONSULTING SERVICES CONTRACT BETWEEN
THE CITY OF DENTON AND C DAVID HAM
The CITY OF DENTON, TEXAS, a Home Rule Municipality situated in
Denton County, Texas, hereinafter called "CITY" acting herein by
and through its City Manager, together with C David Ham, hereinaf-
ter called "CONSULTANT", hereby mutually agree as follows
I
GOALS AND OBJECTIVES
CITY desires to contract with CONSULTANT for services in assisting
CITY in the management of the Wastewater Treatment Plant Improve-
ments Construction Project
II.
CONSULTANT'S SERVICES
CONSULTANT shall render services necessary for the management of
the construction project as outlined below CONSULTANT shall exer-
cise the same degree of care, skill and diligence in the perfor-
mance of his duties as is the prevailing standard in this region
for professional engineers acting as construction managers under
similar circumstances, and CONSULTANT shall, at no cost to CITY,
"re-perform" services which fail to satisfy the foregoing standard
of performance
CONSULTANT, working as an independent contractor under the general
direction of CITY's Director of Water Engineering and Operations,
will have the following duties
1 Coordinate construction activities with contractor, plant
personnel and resident project representatives from CITY's
Engineering Consultant (Alan Plummer and Associates)
2 Make presentations before Public Utilities Board and City
council concerning project status, change orders, or other
project matters
3 Conduct daily inspections of project construction, keeping a
daily report of contractor activities, etc
4 Check and certify monthly contractor payment requests
5 Prepare minutes of weekly contractor/ plant coordination meet-
ings, monthly formal meetings and monthly Public Utilities
Board status reports
CONSULTANT's duties may be modified, expanded or reduced as
mutually agreed upon in writing by the parties during the term of
this contract
III.
CITY SERVICES
The CITY agrees to provide the following services
A Allow CONSULTANT to use the construction trailer provided to
CITY by the Contractor at the Pecan Creek Wastewater Treatment
Plant
B Provide to CONSULTANT, at no cost, clerical support pertaining
to the Pecan Creek Wastewater Treatment Plant Improvements
construction project
IV.
TERN OF AGREEMENT
CONSULTANT shall commence rendering services on October 1, 1993
This agreement will continue to be in effect until December 31,
1993 The Contract term may be extended upon written agreement of
both parties However in no case shall the term extended beyond
the final acceptance of the plant improvements
V
TO BE PAID CONSULTANT
CITY agrees to pay CONSULTANT for the services performed hereunder
as follows
A Amount of payment for services
CONSULTANT will charge the CITY on the basis of actual profes-
sional time spent Payment for services rendered will be
based upon the rate of $40 50 (Forty dollars and fifty cents)
per hour The total amount of compensation for service con-
tained under this contract shall not exceed $12,960 00 (Twelve
thousand nine hundred sixty dollars and no cents)
B Reimbursement of Expenses
CONSULTANT's expenses shall be reimbursed by CITY, provided
that they are approved in advance by CITY's Director of Water
Engineering and Operations
C Dates of Payment
CITY will pay CONSULTANT within fourteen (14) days of receipt
of each bi-weakly invoice from CONSULTANT
VI.
SUPERVISION AND CONTROL BY CITY
It is mutually understood and agreed by and between CITY and
CONSULTANT that CONSULTANT is an independent contractor and shall
not be deemed to be, or considered, an employee of the CITY of
DENTON, TEXAS, for the purpose of income tax, withholding, social
2
security taxes, vacation or sick leave benefits, worker's compensa-
tion, or any other CITY employee benefits CITY shall not have
supervision and control of CONSULTANT or any employee of CONSUL-
TANT, and it is expressly understood that CONSULTANT shall perform
the service hereunder at the general direction of the Director of
Water Engineering and Operations of the City of Denton or his
designee under this agreement
VII
SOURCE OF FUNDS
All payments to CONSULTANT under this agreement are to be paid by
the CITY from funds appropriated by the City Council for such
purposes in the Budget of the City of Denton
VIII
INDEMNIFICATION
CONSULTANT shall and does hereby agree to indemnify and hold harm-
less CITY from any and all damages, loss of liability of any kind
whatsoever, by reason of injury to property or third person to the
extent directly and proximately caused by the error, omission or
negligent act of CONSULTANT in the course of the performance of
this agreement, and CONSULTANT will, at his cost and expense,
defend and protect CITY against any and all such claims and
demands
IX
CHOICE OF LAW AND VENUE
This agreement shall be governed by law of the State of Texas, and
venue for its construction and enforcement shall lie in the courts
of Denton County, Texas
X
CANCELLATION
CITY and CONSULTANT each reserve the right to cancel the Agreement
at any time by giving the other party fourteen (14) days written
notice of their intention to cancel If the Agreement is canceled
before completion, the CITY agrees to compensate CONSULTANT for
services provided and expenses incurred prior to notice of cancel-
lation
XI.
SEVERAEILITY CLAUSE
If any section, subsection, paragraph, sentence, clause, phrase or
word in this Agreement, or application thereof to any person or
circumstance is held invalid by any court of competent jurisdic-
tion, such holding shall not affect the validity of the remaining
portions of this agreement, and the parties hereby declare they
would have enacted such remaining portions despite any such inval-
idity
EXECUTED this the L10041t day of ,1GLTQdQ~QJC/ , 1993
I,/
LLOYD V HARRELL
CITY MANAGER
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
ED A$/ TO LEGAL FORM
A. DRAYOVITCH, CITY ATTORNEY
C DAVID HAM, CONSULTANT
SSN 241-36-8103
DATE 9 3 93
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