HomeMy WebLinkAbout1989-0802704L
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH
C H GUERNSEY & COMPANY FOR PROFESSIONAL ENGINEERING SERVICES
REGARDING AND PROVIDING ANC RATE ,EFFECAUTHORIZING HE EXPENDITURE OF
EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the Mayor is authorized to execute an
agreement the City of Denton and C H Guernsey for
professional engineering services regarding electric rate
analysis, under the terms and conditions contained in agreement,
a copy of which is attached hereto and made a part hereof
the
SECTION II fundat the s not totyexceed Council
Ni Nineteen Thousand authorizes
Eight
expen ture o
Hundred Dollars ($19,800 00)
SECTION III That approval
and ordinance shall become effective
imme ate y upon its passage pproyal
PASSED AND APPROVED this the A day of June, 1989 �\
A '!9;
O.
1
ATTEST
;PISsR , C E R
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
2704L
THE STATE OF TEXAS AGREEMENT BETWEEN THE CITY OF
DENTON AND C H GUERNSEY &
COMPANY FOR ENGINEERING SERVICES
COUNTY OF DENTON 5
THIS AGREEMENT made, entered into and executed this 12th day
of June , 1989, by and between the CITY OF DENTON, TEXAS,
hereina ter called the "OWNER" and C H GUERNSEY & COMPANY,
Oklahoma City, Oklahoma, hereinafter called the "acolto
herein, by and through its representative, duly authorized
act for and in behalf of said ENGINEER
WITNESSETH, that in consideration of the covenants and
agreements herein contained, the parties hereto do mutually agree
as follows
SECTION I
EMPLOYMENT OF ENGINEER
The OWNER agrees to employ the ENGINEER, and the ENGINEER
agrees to perform professional engineering services, in
connection with assignments related to electric rate analysis,
studiesspecial d other
rizes the
ENGINEER to performand,for r OWNER
having renderedsuch userovices, the
OWNER agrees to pay the ENGINEER compensation as stated herein
SECTION II
PERIOD OF SERVICE
This AGREEMENT shall become effective upon execution by the
OWNER and the ENGINEER, and shall conform to the following
Project Schedule
DELIVERABLES
1 Engineer findings shall
prepare dsubmit written report
recommendations pursuant to services
rendered as described in Scope of Work, Attachment B
The report shall include
o An Executive Summary of key points and recommenda-
tions, and
o Supporting exhibits, schedules, figures and work -
papers
2 Engineer shall attend and participate in up to two
to)theetings to pent Utility Board and to the ncity sof e analysis
council
PERFORMANCE PERIOD
Within 45 days from the execution of the Agreement fot
EngineeringServices, ENGINEER shall prepare and
mi
a draft report to OWNER
nts on
e draft
report fromayOWNER,eY ENGINEER ngshall e provide de a final
written report to OWNER
ENGINEER shall participate in up to two (2) meetings with
the Denton Utility Board and City Council, as requested
by OWNER
SECTION III
BASIC SERVICES
The OWNER will authorize, in writing, the ENGINEER to perform
according to the scope of work set forth in attachment B
The ENGINEER will provide the requested Services as defined
in said scope of work
SECTION IV
RESPONSIBILITIES OF OWNER
OWNER agrees to assist the ENGINEER by providing the tollowLng
for each assignment
A Designate in writing a person to act as OWNER's represen-
tative with respect to the services
have contract authority
this Agreement Such person and to
pretraanditdefine instructions, OWNER's receive policies
lic esand information, d cisionsinwith
respect to ENGINEER's services
B Assist ENGINEER by placing at ENGINEER's disposal all
available pertinent information including previous reports
and any other data relative to the assignment of project
C Examine all studies, reports, sketches, drawings, specifi-
cations, proposals, and other documents as set torth in
PAGE 2 of 8
Scope of Work (Attachment B), obtain advice of an attorney,
insurance counselor and other consultants as OWNER deems
appropriate for such examination,and
a nrdrender in easonable time so was
ng
decisions pertaining thereto
not to delay the services of ENGINEER
SECTION V
COMPENSATION
The OWNER agrees to pay the ENGINEER for all processional
services rendered under this Agreement in accordance with the
following
to exceed
A based ENGINEER
the Scheduleeofpaid
Chargesfee,
shownnot
t1,800,
The in AttachmentA
B the amountR ofayworksubmit completed invoices
for
invoicespayment
willbased
upon not be
submitted more frequently than monthly
Any applicable new taxes imposed upon service, expenses, and
charges by any governmental body after the execution of this
contract will be added to the ENGINEER's compensation
If OWNER fails to make any payment due ENGINEER for services
and expenses within forty-five (45) days after receipt of
be
ENGINEER's statement therefor, the amounts due e er EmonthEfromisaid
increased at the rate
e of in addwtpon,e ENGINEER after giving seven
forty-fifth day, ,
(7) days' written notice to OWNER, suspend services under this
Agreement until ENGINEER has been paid in full all amounts due
for services, expenses, and charges
SECTION VI
NOTICES
ed
All notices, communications and ersona reportsrequired
or r mailedto
under this contract shall be p y
the respective parties by depositing same in the U S mail,
certified, return receipt requested, at
the otherwise addresses fish own
below, unless and until either party w
writing by the other party at the following addresses All
notices shall be deemed delivered as of the date of the receipt
if intended for City, to If intended for ENGINEER, to
City of Denton C H Guernsey $ Company
Suhas P Patwardhan, Vice Pres
Lloyd V Harrell, City Manager 3555 Northwest 58th Street
215 E McKinney Oklahoma City OK 73112
Denton, TX 76201
PAGE 3 of 8
SECTION VII
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by ENGINEER (and
ENGINEER'S independent associates and consultants) pursuant to
this Agreement are instruments nteresvice herein OWNER may shall
retain an ownership and property such
ke
and retain copies for information and reference, however,
documents are not intended or represented to be suitable for
thate
eOWNER isby Or oers subject to TexasGop nRRecordstAcdtSanddmustnowledges
lawfully
provide all applicable records in its possession to the public
upon proper request
SECTION VIII
INDEMNITY AGREEMENT
ENGINEER shall indemnify and save harmless the OWNER and its
officers, agents, and employees from the liability of the OWNER
on account of any injuries or damages
lncludi g or suscostsd and
by
any person or persons or property, the OWNER, proximately
reasonable attorneys fees incurred by
caused by the negligent acts or omissions of the ENGlNEER r its
officers, agents, or employees in the execution, op
or
performance of this Agreement
SECTION IX
ENGINEERING STANDARDS
ENGINEER shall perform the services provided for in this
the hest standards and code of
Agreement consistent with
ethics of the engineering profession
SECTION X
TERMINATION OF CONTRACT
The obligation to provide servicesunder this
this days'ent written
may
be terminated by either party p the other party to
notice in the event of substantial failure by
perform in accordance with the terms thereof through
thino Agreement
fault Of
the terminating party The OWNER may
upon forty-five (45) days' written notice to the ENGINEER
will for
rpany
reason In the event of any termination,
for all services rendered and reimbursable expenses incurred to
the date of termination
PAGE 4 of 8
SECTION XI
SUCCESSORS AND ASSIGNMENTS
OWNER and ENGINEER each are hereby bound and the partners,
successors, executors, administrators and legal representaatives
of OWNER and ENGINEER are hereby bound to the other party
to Agreement and to the partners, successors, executors,
such administrators negal respectreofn representatives
agreements) of
and
such other party,
obligations of this Agreement
Neither OWNER nor ENGINEER shall assign, sublet bor trut ansfer
any rights under or interest in (including,
thout
limitation, moneys that may become due or moneys that are due)
e written consent of
pt
tothereement
thatouanyhassignment, subletting or other,
Agortransf r is
mandated by law or the effect of this limitation may be
restricted by law Unless specifically stated to the contrary in
any written consent to an assignment, no assignment will release
or discharge contained in this paragraph shall prevent ENGINEER
from employing such independent associates and consultants as
ENGINEER may deem appropriate to assist in the performance of
services hereunder
Nothing under this Agreement shall be construed to give any
rights or and inthis
dutiesandresponsibiliOWNER to anyne ther than
ties undertaken
and ENGINEER,
pursuant to this Agreement will be for the sole and exclusive
benefit of OWNER and ENGINEER and not for the benefit of any
other party
This Agreement and amendments thereto (consisting of pages 1
to 8 inclusive) constitutes the entire Agreement between OWNER
and ENGINEER and ThisperAgreemees ntll mayloronlyittbe or oral
amended,
understandings supplemented, modified or cancelled by a duly executed written
instrument
SECTION XII
ATTACHMENTS
The following Attachments are appended to and made a part of
this Agreement
Attachment A Schedule of Charges
Attachment B Scope of Work
PAGE 5 of 8
This contract is executed in two counterparts
ATTEST
ATTEST
Flo, i.-I mj�Tmm
ss <
CITY OF DENTON, TEXAS (OWNER)
C H GUERNSEY & COMPANY (ENGINEER)
BY 9 a- --
�e e5(�e�rj
PAGE 6 of 8
ATTACHMENT A
SCHEDULE OF CHARGES
For all services rendered by Engineer in connection with the
Schedule of Engineering Services, compensation shall be on a
the
applicablebtotal labor cost of compensation
plus e a sum equal o
us 100% therefor,plus
reimbursement of actual transportation, reasonable
expensesence
paid to employees incident to the project, aa
for
telephone, supplies, computer services and postage applicable and
necessarily incurred in carrying out the engineering responsibil-
ities required The applicable total labor cost is defined as
the cost of salaries (including
leave,
timevacation
directlyand
chargeable
pay applicable thereto) of personnel tor
to the project, plus employment and payroll taxes, plus contri-
butions for social security, unemployment compensation insurance,
time and benefits and medical insurance benefits
Total labor cost is equal to 1 35 times payroll, this factor
is subject to annual adjustment
Any subconsultant charges shall be billed at actual cost
times a multiplier of 1 10
PAGE 7 of 8
ATTACHMENT B
SCOPE OF WORK
ENGINEER shall develop an analysis and recommendations for
presentation to OWNER'S Utilities Board and the City Council on
the feasibility and appropriateness of OWNER'S electric retail
rate schedules The various tasks which shall be performed
include
Task 1 The ENGINEER will develop a cost of service analysis for
the Denton Electric System, the test year used for the
cost of service analysis will be the FY 1989-1990
ask 1
t Of
Task 2 Consistent the ts
1990ddatar, Ts
ENGINEER Will
update recommendations previously made regarding
o Standby and Partial Requirements Rate Schedules
o Industrial/Economic Development Rate Schedules
o Time -of -Use Rate Schedules
o Thermal Storage Rate Schedules
Task 3 ENGINEER will apply results of FY 1989-1990 cost of
service along with other rate design criteria commonly
used in the utility industry to analyze the existing
electric rate schedules of Denton ENGINEER shall make
recommendations on the appropriate changes in the
existing rate tariffs and development of any new rate
tariffs which would be consistent with cost of service
and other ratemaking criteria
o ENGINEER will develop an expanded block rate design
(less than 50 KW) for small General Service Class and
based on this rate, redesign
d Large Primaeyeral a Service,
General Service Primary an
o ENGINEER shall consider redesign of all rates based
on TMPA's reduction in fixed costs and make
recommendations accordingly
PAGE 8 of 8