2000-238S \Our Documents\Ordmances\00\Wlikerson Employment-Substation doc
ORDINANCE NO
AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE AN AGREEMENT FOR PERSONAL SERVICES WITH THE ROGER
WILKINSON TO PROVIDE REAL PROPERTY ACQUISITION SERVICES AND
TECHNICAL SUPPORT FOR THE PONDER ELECTRIC SUBSTATION PROJECT,
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN
EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I The City Manager, or his designee, is hereby authorized to execute an
Agreement for Personal Services with the Roger Wilkinson regarding real property acquisition
services and technical support for the Ponder Electric Substation Project, a copy of which
Agreement is attached hereto and incorporated herein
SECTION 2 The expenditure of funds as provided in the attached Agreement is hereby
authorized
SECTION 3 This ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this the 7)0 day of , 2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPR ED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY v - - / i
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PERSONAL SERVICES AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
Tins Agreement, made and entered into this Aday of Q~, 2000, by and
between Roger Wilkinson, hereinafter referred to as "Consultant," d th City of Denton, a
Texas Municipal Corporation, 215 East McKinney, Denton, Texas 76201, hereinafter referred to
as "City "
WHEREAS, the City needs to employ Consultant 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-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 herein, 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
1 Technical support specifically for the acquisition of right-of-way parcels and
electric substation tract(s) for the pending Ponder Substation (F M 2449) to
Hickory Street Substation Electric Transmission Line & Substation Project
2 The Consultant shall perform all those Basic Services as necessary, and as
described in the Consultant's June 7, 2000 letter to the City, which is attached
hereto and incorporated herewith by reference as Exhibit "A"
B 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 carry out the terms and conditions of this
Agreement
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II Term: The term of this Agreement shall be for six months, from July 25, 2000 through
January 31, 2001 This Agreement may be sooner terminated in accordance with the provisions
hereof Time is of the essence of this Agreement, and the Consultant shall make all reasonable
efforts to complete the services set forth herein as expeditiously as possible and to meet the
schedules established by the City, through its City Manager
III Compensation 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-one and one-half hours per month 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 Thirty Nine Thousand Dollars
($39,000), unless the City Council approves additional compensation upon
request of the City Manager
B The Consultant shall devote the amount of time to this matter necessary to
perform the services herein, but will try to reduce costs wherever possible The
Consultant shall bill the City through the submission of invoices, statements, and
other documentation, together with support data indicating the progress of the
work and the services performed on the basis of monthly statements showing
hourly rates indicating who performed the work, what type of work was done, and
details of all services rendered, along with any reasonable and necessary out-of-
pocket expenses incurred
C Additionally, the City shall either pay directly or reimburse the Consultant, as the
case may be, for reasonable and necessary out-of-pocket expenses, including but
not limited to, telephone, telecopier, reproduction, postage, overnight couner,
vehicle mileage($ 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
I3 It is understood that the Consultant shall work under the coordination and general
supervision of the City Manager
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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
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 skill 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
Wilkinson
B Any reports and other documents prepared or obtained under the terms of this
Agreement are instruments of service and the City shall retain ownership and a
property interest therein If this Agreement is terminated at any time for any
reason prior to payment to the Consultant for work under this 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 this 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 this 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
VII Accomplishment of Project. The Consultant shall commence, carry 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
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VIII. Indemnily and Independent Contractor Relationshi. The Consultant shall perform
all services as an independent contractor not under the direct supervision and control of the City
Nothing herein 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
arise from any negligence and/or errors or omissions on the part of the Consultant or from any
breach of the Consultant's 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
injury, 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 herein 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 Termination 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 without cause 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 terminate 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 In addition, 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 herein 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. Entire Agreement This agreement represents the entire agreement and understanding
between the parties and any negotiations, proposals, or oral agreements are intended to be
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integrated herein 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
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 suitor cause of action
ansmg under or in connection with this Agreement shall be exclusively in a court of competent
jurisdiction sitting in Denton County
XIII Discrimination 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 Asst np ability: 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
XVL Severability: All agreements and covenants contained herein 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
XVII. Responsibilities 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
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XVIII. 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 arising between the parties hereto out
of or affecting 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 herein set forth
XX Captions: 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
XXI Binding Effect. This Agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective heirs, executors, administrators, legal representatives, succes-
sors, 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 Consult t has exec ted this Agreement
through its duly authorized undersigned officer, dated theday of 2000
ATTEST'
JE ER WALTERS, C TY
A P OV SECRETARY
BY
ED AS TO LEGAL FORM
HERBED PROUT ITY ATTORNEY
BY
Pao A~lr
O WIL ON
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EXHIBIT "A"
PAGE 1 OF 2
ROGER N WILKINSON
2201 NORTHLAXE TRAIL
DENTON, TEXAS 76201
June 7,2000
Charles E Sears
Electric Engineer
City of Denton
901-A Texas Street
Denton, Texas 76201
Dear Mr Sears:
Below is a proposal for the City of Denton Electric Transmission Power Line
Easement and Sub-Station Site Acquisition Project from the F M 2499 T M P A
Electric Sub-Station to the City of Denton Electric Sub-Station located at the
northwest corner of Bonnie Brae and W Hickory St
There are several steps to be considered in acquiring the proposed easements
and substation site The major points are: (1) Route and Cost Estimate Study,
(2) Boundary Survey, (3) Title Information, (4) Appraisals, (5) Easement
Negotiations, (6) Highway Permits, (7) Railroad Permit, (8) Miscellaneous
items and (9) Time table
Route study will include the approximate acreage (based on a 60, wide
corridor), cost estimate of easements utilizing appraisal district
information, appraisal cost, title work cost, survey cost (survey to
be performed by a licensed surveyor and include field notes with
exhibit from an on ground survey, centerline staking and permanent
corner monumentation as needed)
Hourly Rate $ 60 00
Total Hours x 50
Sub-Total $ 3,000 00
Easement Negotiation: (Meet with property owners and/or their
representative ) Three months from initial contact for survey
permission to finalizing or turning over to legal to condemn
Hourly Rate $ 60 00
Maximum hours Per Parcel x 40
Total Per Parcel $ 2400 00
Total Parcels 15 x 15
Sub-Total $36,000 00
EXHIBIT "A"
PAGE 2 OF 2
Title commitments One (1) month to obtain after completion of
survey.
Boundary Survey: No time line until quote from survey (estimate 2-3
months)
Highway Permits F M 2449, F M 1515, I H 35 Interchange
Railroad Permits B N & S F Railroad
Miscellaneous Items: Deed research, preparation of various maps,
backup material, letters and other related items
The hourly rate will be billed monthly for the actual number of hours spent on
the various phases as itemized above, up to the maximum hours for each parcel
Should negotiations with the property owners be unsuccessful after the maximum
hours are utilized, the negotiations will be turned over to the City of Denton
Legal to acquire by condemnation Assistance with the condemnation will be
billed at the same hourly rate as specified above
On Electric Transmission Projects some property owners are very difficult to
work with due to impact of the facilities on the overall property The
probability of having to condemn is high An exact number is not known until
after contact with each property owner The percentage of condemnation may be
as low as 25%-30% or as high as 60%-70%
The overall time frame to complete the steps as specified above would be
approximately six (6) months (route study/project cost estimate, survey,
appraisal, title and negotiation) and an overall cost of $39,000 00 to
coordinate these past mentioned services and negotiate the easements
Please review the enclosed information If you have any questions, telephone
me at 940-591-1931 or 940-206-3487
Sincer
Roge N W lkinson