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HomeMy WebLinkAbout1987-1361867L NO - /.3 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND LUTZ, DAILY & BRAIN III FOR ENGINEERING SERVICES, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Council hereby approves and auth- orizes the Mayor and City Secretary to execute and attest, respectively, the agreement between the City of Denton and Lutz, Daily & Brain III for engineering services to prepare a feasibility study for the projected heating, cooling and energy center, under the terms and conditions contained in said agreement which is attached hereto and made a part hereof SECTION II That the City Council authorizes the expenditure of funds not to exceed Nineteen Thousand and Five Hundred Dollars ($19,500 00) SECTION III That this ordinance shall become effective immediately upon its passage and appro al PASSED AND APPROVED this the y*day of 1987 ATTEST JE F T RS, CITY SECRETARY APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY /IILOw LUTZ DAILY & BRAIN CONSULTING HNOINEERB THE STATE OF TEXAS § COUNTY OF DENTON 4 AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND LUTZ, DAILY & BRAIN III FOR ENGINEERING SERVICES THIS CONTRACT, made and executed in duplicate this 16�'of io((%%,����ee 19� , by and between the City of Denton, Texas, a municipal �- tif, hereinafter called the City, and LUTZ, DAILY & BRAIN III, Con- sulting Engineers, a general partnership of Shawnee Mission, Kansas, P 0 Box 718, hereinafter called the Engineer, Party of the Second Part WHEREAS The Denton Civic Center area buildings which include the Civic Center Building, Library, Auditorium and Senior Citizen home owned by the City and the Post Office and Court Buildings owned by the Federal Government are in close proximity to each other and, WHEREAS The buildings have heating and cooling systems that are high energy usage, and a low efficiency system that is not suitable for present day energy conservation requirement and, WHEREAS This campus of local and federal government buildings are located so that a single high efficiency energy plant could effectively serve the heating and cooling requirements with a central distribution system and, WHEREAS The City has selected Lutz, Daily & Brain (Engineer) to prepare a feasibility study for the projected heating, cooling and energy center and to estimate the cost that would be associated with the central energy plans and, WHEREAS The City desires to enter into Contract for Professional Engineering Services as required for the purposes above stated, and the Engineer hereby offers Professional Engineering Services as re- quired for the work above WITHESSETH That in consideration of the mutual covenants herein contained, the City agrees to employ the Engineer to perform the types of services hereinafter mentioned and agrees to pay them for the services rendered according to the schedule of fees herein contained PAGE 1 LUTZ OAILV & BRAIN CONSULTING BNSINBBRS SECTION I The services which the Engineer hereby agrees to perform are as follows A Central heating and cooling system study at Civic Center Building Complex 1 Task Description a Determine and project the existing and planned heating and cooling requirements for the Civic Building Complex Determination will be made by reviewing the existing drawings of the mechanical systems in each building A walk through mechanical audit will be performed to ver- ify installed capacity b Develop load duration curves for the heating and cooling systems in the buildings Develop a load diversity factor based on load duration curves for a central heat- ing and cooling plant c Perform a life cycle cost analysis of the following types of heating and cooling systems (1) Individual heating and cooling systems for each building (base case) (2) Central heating and cooling system for the building complex (a) Central electric chiller with gas/oil boiler (b) Central absorption chiller with gas/oLl boiler (c) Central steam driven chiller with gas/oil boiler d Conduct a walk through energy audit of building com- plex Identify potential energy conversation opportun- ities (ECO's) for each building Estimate energy sav- ings for each ECO based on past engineering experience e Prepare cost estimates for the central heating and cool- ing plant Prepare cost estimates for the heating and cooling distribution system to serve the building com- plex f Perform an economic analysis of a gas turbine -generator energy plant in conjunction with the central heating and cooling facilities Assume that the electrical energy produced will be supplied to and used by the city building complex served by the energy plant PAGE 2 LUTZ DAILY & BRAIN CONSULTING BNGIN261118 g Prepare a report for the central heating and cooling system with the required auxiliary heating, cooling and power sources B Other Engineering Services During the term of this agreement, the Engineer shall perform such other Engineering Services as the City of Denton may request in writing regarding the utilities system and any modification shall be reduced to writing and made an addendum to this contract This shall all be in accordance with Section III, K SECTION II The City agrees A To pay the Engineer for engineering work performed under Section I -A a sum not to exceed $19,500 00 based on hourly rates and ex- penses as hereinafter stipulated 1 The Engineer will charge the City at the following hourly rates for personnel assigned and working on the Project Partners Principal Engineers Senior Design Engineers Design Engineers Engineering Technicians Senior Draftsmen Draftsmen Stenos/Word Processing Clerks $42 41 per hour 28 85 per hour 22 67 per hour 19 26 per hour 15 89 per hour 15 33 per hour 14 32 per hour 11 10 per hour 9 56 per hour plus 54 percent of the hourly rate for direct payroll overhead, plus 94 percent of the hourly rate for general and administrative overhead and profit, plus printing cost of plans and other expenses at actual cost, plus personal automobile expense at 22 cents per mile B It is understood that the rates for personnel and mileage in Sec- tion II -A are those effective as of January 1, 1987, and that subsequent modification may be necessary The City agrees to review with the Engineer the above rates for personnel upon ini- tiation of services and at yearly intervals on January 1 thereaf- ter, to compare the index of cost of living and other appropriate referenced professional level surveys of cost levels It is intended that the above rates be modified as reflected in the above referenced indices and surveys This must be mutually agreeable to both parties and any modification shall be reduced to writing and made an addendum to this contract PAGE 3 LUTZ, GAILY & BRAIN CONSULTING BNGIN6BRS C Payments to the Engineer as defined by the method of compensation in this Section shall be made by the City within 30 days after receipt by the City of invoices from the Engineer provided that the invoices are detailed and accurate This provision will not hold for invoices in question that are improperly prepared SECTION III It is further agreed that A The work herein will not include test borings, property line sur- veys, material tests, or asbestos survey and removal in areas which would affect construction These services shall be con- tracted for by the City B When the work involves construction of facilities, the Engineer shall make periodic visits to the site at intervals appropriate to the stage of construction to observe the progress and quality of the executed work and to determine in general if the work is pro- ceeding in accordance with the contract documents, he will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the work, he will not be respon- sible for and will not have control or charge of construction means, methods, techniques, sequences, or procedures, or the safety precautions and programs in connection with the work, he will endeavor to guard the City against defects and deficiencies in the work of the contractor, but he will not be responsible for the contractor's failure to carry out the work in accordance with the contract documents, and during such visits and on the basis of his on -site observations as an experienced and qualified design professional, he will keep the Owner informed of the progress of the work C The Engineer will not be responsible for nor have control or charge over the acts or omissions of any contractor, any subcon- tractor or any of the contractor's or subcontractor's agents or employees or any other person (except his own employees and agents) at the Project site or otherwise performing any work of the Project D Because the Engineer has no control over the cost of labor, mater- ials or equipment, or over the contractor's differing methods of determining bid prices, or over competitive bidding or market conditions or other factors, the estimates of construction cost provided for herein are for informational purposes, are not guar- antees and bids or construction costs may exceed such estimates E The Engineer will cooperate with the Owner in furnishing necessary engineering information to the Owner so that the Owner can submit all necessary applications to secure the proper permits required, in the work which has previously been described PAGE 4 LUTZ OAILV & BRAIN CONSULTING 6146INKERS F The Engineer will make an initial interpretation of the terms and conditions of the contract documents and he will be the impartial ,judge of the performance of the Owner and the contractors there- under G Neither the Engineer's authority to act under these provisions nor any decision made by him in good faith either to exercise or not exercise such authority shall give rise to any duty or responsi- bility of the Engineer to contractor, any subcontractor, supplier or manufacturer, any of their agents or employees, or any other person performing any of the work H The duties, responsibilities and the limitation of the authority of the Engineer as the Owner's consultant shall not be modified or extended without written consent of the Owner and the Engineer I The Engineer shall and does hereby agree to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever occasioned by any error, omission or negligent act of Engineer, its officers, agents employees, invitees and other persons for whom it is legallyliable, with regard to the performance of this agreement, and Engineer will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands J The Engineer will not discriminate against any employee or appli- cant for employment because of race, color, religion, sex, age, disability or national origin The Engineer will take affirmative action so that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, age disability or national origin Such action shall include, but not be limited to, the following employment, upgrading, demotion or transfer, recruitment or recruitment adver- tl.SLng, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprentice- ship The Engineer will post in conspicuous placed, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause K In the event that the City desires additional work, the Engineer shall give the Owner an estimate of the cost of services requested before performing the services The Engineer shall not exceed this estimated cost for these services by more than 15 percent until the Owner has reviewed the work thus far completed and au- thorized the charge for additional work In the event the Owner does not grant such authorization, the Engineer shall not be obli- gated to perform further services L The Engineer shall perform Designated Services as expeditiously as is consistent with professional skill and care and the orderly PAGE 5 LUTZ DAILY & BRAIN CONSULTING ENGINUERS progress of the work Engineer shall exercise the same degree of care, skill, and diligence in the performance of the services as is ordinarily provided by a professional engineer under similar circumstances The Engineer shall submit for the City's approval a time schedule for the performance of the Engineer's services which shall be adjusted as required as the Project proceeds, and shall include allowances for periods of time required for the City's review and approval of submissions and for approval of authorities having ,jurisdiction over the Project This time schedule, when approved by the City, shall be adhered to by the Engineer, except for delays not caused by the Engineer M The Agreement may be terminated by the City at any date or time, upon written notice of 60 days given by the Owner and delivered to the Engineer, by U S Registered Mail, or return receipt and post- age prepaid, addressed to the Engineer at their principal place of business, 6400 Glenwood, Overland Park, Kansas 66202, of the City's intention to so terminate the services of such Engineer, and upon payment to the Engineer of any sums due for services authorized and performed by them, as set forth above in this con- tract up to and including the date of written notice of termLna- tion N Further, the within Agreement may be terminated by the Engineer at any date or time upon prior written notice of 60 days to the Owner, by U S Registered Mail, return receipt and postage pre- paid, delivered to the Owner at its administrative office, pre- sently located at the Municipal Building, 215 E McKinney, Denton, Texas 76201 The City agrees to pay promptly to Engineer upon receipt of such written notice of termination by the Engineer any and all sums due to the Engineer for services, expenses and other costs incurred by the Engineer as hereinabove provided for in this Agreement PAGE 6 LUTZ, GAILY & BRAIN CONSULTING ENGINEERS IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals on the date first above written CITY OF DENTON, TEXAS By RAY S' P S / OR ATTEST J I R L ERS CI Y SECRETARY CIT OF DENTONt TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITYM D!TE_XAS BY LU Z� DAILY CONSULTING PAGE 7 & BRAIN III ENGINEERS