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HomeMy WebLinkAboutResolution - 6117 - Contract - James C Ward - Project Management - 12/10/1998Resolution No.6117 Item No. 17 December 10, 1998 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Project Management Contract and any associated documents, between the City of Lubbock and James C. Ward, attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 10 y of - Decemb , 1998. WINDY SIT N, MAYOR A EST: 6.' Kayth a arnell, City Secretary APPROVED AS TO CONTENT: Paul Thompso , Director of Electric Utilities APPROVED AS TO FORM: Vandiver, 1 DGVgs/ccdocs/James C. Ward.res November 24, 1998 Resolution No. 6117 Item No. 17 December 10, 1998 PROJECTS MANAGEMENT CONTRACT THE STATE OF TEXAS § COUNTY OF LUBBOCK § KNOW ALL MEN BY THESE PRESENTS: This Contract and Agreement, made and entered into on this the 10th day of December , 1998, by and between the City of Lubbock, Texas, a Home Rule Municipal Corporation of the State of Texas, hereinafter called "City," and James C. Ward, hereinafter called "Projects Manager". WITNESSETH: WHEREAS, the City has determined that it will, on a temporary basis, require the services of a professional project manager; and WHEREAS, the City has determined that it will be in the best interest of the City to retain the services of a Projects Manager to assist it in the completion of various electric utility construction projects; and WHEREAS, the above individual has agreed to furnish such services on a temporary basis pending the completion of the current backlog of utility construction projects; NOW THEREFORE, the parties hereto do covenant and agree as follows: I. The City does hereby engage and retain the Projects Manager to provide project management services for Lubbock Power & Light on the terms and conditions hereinafter set forth. II. (a) The term of this contract shall be for a period of one (1) year beginning on October 1, 1998, and ending on September 30, 1999. (b) This agreement may be extended for additional one-year period by mutual agreement of the parties hereto expressed in writing prior to the end of the initial term or any extension thereof. (c) Either party hereto may terminate this agreement at any time during the term of this agreement by giving thirty (30) days notice of its intention to terminate this contract. The City agrees to pay the Projects Manager as compensation for services rendered hereunder a monthly payment of $4,524.00. This monthly payment to be made on the last day of each month that this agreement is in effect. In addition, the City agrees to reimburse the Project Manager for general liability insurance premiums that are required as a condition of this Contract. IV. The Projects Manager agrees to reside in the City service area and to perform the functions of a senior electrical engineering project coordinator, including performing the day to day functions necessary for the proper design and construction of electrical utility projects. V. Specific responsibilities of the Projects Manager as senior electrical engineering project coordinator will include the following: Assessment and evaluation of customer needs and requests; Design of electric transmission and distribution projects; Project coordination of LP&L construction personnel and construction contractors with needs of owners and owners contractors; Direct and oversee LP&L drafting and design staff as required; Specify, recommend and provide materials, equipment and services necessary for the construction of utility projects; and Prepare sketches, estimates, analyses and reports necessary for the management and execution of construction projects. All such services rendered by the Projects Manager shall be subject to the reasonable supervision and control of the City. The Projects Manager shall make recommendations as to any areas of operation which are deemed appropriate and proper, and the decision of the City shall be binding and final in regards thereto. VI. 2 The City agrees to furnish the Projects Manager with all necessary offices, office furniture, equipment, vehicles, materials and supplies to perform the services as contemplated under the terms of this contract. VII. The Projects Manager shall not be liable to the City for: (1) any claim arising from employment matters of City personnel or any claim arising as a result of personnel policies and practice of the City; or (2) any claim arising from delay or interruption of services of LP&L; or (3) any claim arising from strikes, lockouts, acts of God, governmental restrictions, availability of fuel supplies, unavoidable casualty, or similar acts beyond the control of James C. Ward. Notwithstanding the above, the Projects Manager will, however, be liable for any dishonesty or fraudulent misconduct committed or directed by him in the discharge of his obligations under this contract. Further, he shall be liable to the City for any act of gross negligence committed by it, its officers, agents and employees in discharging its obligations under this contract. VIII. The City shall not be liable to the Projects Manager nor shall he be liable to the City for any claim arising for any failure, delay, interruption of service, nor for failure or delay in performance of any obligations under this agreement due to strikes, lockouts, acts of God, governmental restrictions, availability of fuel supplies, unavoidable casualty or similar acts beyond the control of city. IX. Nothing contained herein shall be construed as creating the relationship of employer and employee between the City and the Projects Manager. The Projects Manager shall be deemed at all times to be an independent contractor. The Project Manager shall not have Workers Compensation coverage provided by the City. X. Except as waived by paragraph VIII of this contract, the Projects Manager agrees to indemnify and hold the City harmless from any and all claims for injury, death, loss or damage of any kind or character and by whomever suffered or asserted, occasioned by or in connection with any work performed by him. The Project Manager shall obtain and keep in effect during the term of this Contract a policy of General Liability Insurance with Products and Completed Operations Coverage in an amount of $1,000,000.00, a copy of which policy shall be provided to the City prior to the commencement of services under this Contract by the Contract Manager. VNJ The Projects Manager shall at all times observe and comply with all Federal, State and local laws, ordinances and regulations, which in any manner affect the contract or the work, and shall indemnify and save harmless the City against any claim arising from the violation of any such laws, ordinances and regulations. XII. The Projects Manager shall not assign this contract without prior written consent of City. IN WITNESS WHEREOF, the parties hereto have executed this contract and agreement on the 10th day of December 1998. PROJECTS MANAGER: CITY OF LUBBOCK, i F/`.mesC. Ward ddcon\Wardcon.doc October 1, 1998 A TEST: Kaythlameft, City Secretary APPROVED AS TO CONTENT: \'-�Aft� Pauf Thompson, birector of Electric Utilities APP OVED AS O FORM: DoVandiver, First Assistant City Attorney 4