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HomeMy WebLinkAbout1987-0381724L AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND LUTZ, DAILY & BRAIN III, FOR ENGINEERING SERVICES, APPROVING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Council hereby approves and auth- orizesea ayor and City Secretary to execute and attest, respectively, the agreement between the City of Denton, and Lutz, Daily F, Brain III, providing for engineering services relating to the installation of cogeneration facilities at North Texas State University under the terms and conditions being contained in said agreement which is attached hereto and made a part hereof SECTION II That the City Council authorizes the expenditure of fun s� E Fte manner and amount as specified in the Agreement SECTION III That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the �/_ day of 1987 RAY ST, HENS, MAYOR CITY 0 DENTON, TEXAS ATTEST W JE E AC G CIT SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LhGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY 1724L THE STATE OF TEXAS S COUNTY OF DENTON S AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND LUTZ, DAILY $ BRAIN III FOR ENGINEERING SERVICES This Contract, made and executed in duplicdte this of , 1987, by and between the City of Denton, Texas, a municipal corporation, hereinafter called the City, and LUTZ, DAILY $ BRAIN III, Consulting Engineers, a general partnership of Shawnee Mission, Kansas, P 0 Box 718, hereinafter called the Engineer WHEREAS, North Texas State University, which is located in the City of Denton, is investigating the installation of cogeneration facilities to furnish the campus heating and air conditioning requirements and generate electrical power for campus loads or for outside sales, and WHEREAS, The City of Denton now serves the electrical require- ments of the University campus and would be impacted by the loss of the sales if the University generated their own electrical requirements as the City would be required to furnish back-up to the cogeneration plant The City would also be impacted if the University arranged for the sale of the electrical power wheeled through the City's electric system, and WHEREAS, Contingent upon certain legal constraints, including provisions of existing contracts, it appears desirable and economically beneficial to the City to consider installing and operating the cogeneration plant to furnish the heating and air conditioning and the electrical requirements for the University, and WHEREAS, The City has selected Lutz, Daily 4 Brain (Engineer) to prepare a feasibility study for the projected cogeneration facility and to estimate the delivered cost and revenue that would be associated with the cogeneration plant and supporting facilities, and WHEREAS, The City desires to enter into Contract for Profes- sional Engineering Services as required for the purposes above stated, and the Engineer hereby offers Professional Engineering Services as required for the work above, WITNESSETH That in consideration of the mutual covenants herein con- tained, the City agrees to employ the Engineer to perform the types of services herein after mentioned and agrees to pay them for the services rendered according to the schedule of fees herein contained SECTION I The services which the Engineer hereby agrees to perform are as follows A Cogeneration Feasibility Study at North Texas State University 1 Task Description a Determine and evaluate the existing and projected heating and cooling loads and the load duration curve for each parameter Determination will be based on load data provided by North Texas State University and previous studies b Determine the electrical base load and the projected load for the NTSU campus and evaluate the impact that the replacement of the existing air conditioning chiller equipment with more efficient equipment will have on the load and load duration curve c Determine the present and projected future gas requirements for the heating and cooling of the University Campus d Determine and evaluate local, state and federal permit needs, plan the permitting function and evaluate the likelihood of receiving the necessary permits for the cogenerating facility e Determine the appropriate types of cogeneration systems and evaluate the hot water chilled water distribution system on the campus and prepare estimates of construction cost f evaluate various ownership and operations arrange- ments for the cogeneration plant and the hot and chilled water distribution systems g Perform an economic analysis of cogeneration plant, the hot and chilled water distribution system and the electrical supply system These analyses would be made by developing a financial model and simula- ting the operating results and cash flows for an appropriate period into the future The financial model would be able to test the sensitivity of various financial ratios to such parameters as fuel quantities, escalation rates, interest rates, financing alternatives and ownership alternatives PAGE 2 It would provide the base to determine the benefit of the cogeneration facility to the City and the University h Prepare a final report that would be presented to the City with the Engineer's recommendations on how the City should proceed with its participation in a cogeneration program at North Texas State University 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 SECTION II The City agrees A To pay the Engineer for engineering work performed under Section I -A a sum not to exceed $28,000 00 based on hourly rates and expenses as hereinafter stipulated 1 The Engineer will charge the City at the following hourly rates for personnel assigned and working on the Project Partners $42 41 per hour Principal Engineers 28 85 per hour Senior Design Engineers 22 67 per hour Design Engineers 19 26 per hour Engineering Technicians 15 89 per hour Senior Draftmen 15 33 per hour Draftmen 14 32 per hour Stenos/Word Processing 11 10 per hour Clerks 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 It is understood that the rates for personnel and mileage in Section 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 PAGE 3 for personnel upon initiation of services and at yearly intervals on January 1 thereafter, to compare the index of cost of living and other appropriate referenced profes- sional 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 C Payments to the Engineer as defined by the method of com- pensation 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 surveys, material tests, or asbestos survey and removal in areas which would affect construction These services shall be contracted for by the City B When the work involves construction of facilities, the Engineer shall make periodic visits to the site at inter- vals appropriate to the stage of construction to observe the progress and quality of the executed work and to deter- mine in general if the work is proceeding 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 construc- tion 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 docu- ments, 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 subcontractor or any of the contractor's or subcon- tractor'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 PAGE 4 D Because the Engineer has no control over the cost of labor, materials 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 guarantees 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 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 thereunder G Neither the Engineer's authority to act under these pro- visions not any decision made by him in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of the Engineer to contrac- tor, 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 Engineer shall and does hereby agree to indemnify and hold harmless the City from any and all damages, loss or lia- bility 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 legally liable, 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 applicant 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 PAGE 5 or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensa- tion, and selection for training, including apprenticeship The Engineer will post in conspicuous places, 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 that 15 percent until the Owner has reviewed the work thus far completed and authorized the charge for additional work In the event the Owner does not grant such authorization, the Engineer shall not be obligated to perform further services L The Engineer shall perform Designated Services as expeditiously as is consistent with professional skill and care and the orderly 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 pro- ceeds, 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, with return receipt and postage 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 contract up to and including the date of written notice of termination 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 prepaid, delivered to the Owner at its administrative office, presently located at the Municipal PAGE 6 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 IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals on the date first above written CITY OF DENTON, TEXAS BY RAY EN , MAYOR ATTEST JE L7 ER AC iG CI SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS LUTZ, DAILY $ BRAIN, III, CONSULTING ENGINEERS BY BY FRED J LLVrZ, P , PARTNER PAGE 7