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1987-1361867L NO 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, Dally & Brain III for engineering services to prepare a feasibility study for the pro3ected heating, cooling and energy center, under the terms and condltzons contained zn sa~d agreement which is attached hereto and made a part hereof SECTION II That the Czty Council authorizes the expenditure of funds not to exceed N~neteen Thousand and Five Hundred Dollars ($19,500 00) SECTION III That this ordinance shall become effective immediately upon its passage and a~al ~ PASSED AND APPROVED th~s the ~/'~ day of 1987 ATTEST JE~P~R"~TgRS5 CITY APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY LUTZ OAIL. V & 81~AIN THE STATE OF TEXAS § AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND COUNTY OF DENTON § LUTZ~ DAILY & BRAIN III FOR ENGINEERING SERVICES TIIIS GOHT~A~T, made and executed in duplicate th~s'~of~ 19~_~, by and between the C~ty of Denton, Texas~ a municipal tzo~, hereznafter called the Clty~ and LUTZ~ DAILY & BRAIN III~ Con- sult~ng Eng~neers~ a general partnershzp of Shawnee Mzsszon, Kansas~ P O Box 718~ hereinafter called the Engzneer, Party of the Second Part W~uRA~ The Denton C~v~c Center area buildings whzch include the C~vzc Center Buzldzng~ Lzbrary, Auditorium and Senior Cztzzen home owned by the City and the Post Offzce and Court Buzld~ngs owned by the Federal Government are zn close prox~mzty to each other and~ W]~uRAm The buzldzngs have heatzng and cooling systems that are h~gh energy usage~ and a low eff~czency system that zs not suitable for present day energy conservation requzrement and, W~EB~AM Th~s campus of local and federal government bulldzngs are located so that a szngle hzgh effzczency energy plant could effectively serve the heatzng and cooling requirements w~th a central dzstrzbut:on system and, W~g~gA~ The City has selected Lutz~ Dazly & Brazn (Engzneer) to prepare a feasxbzl~ty study for the projected heatzng, coolzng and energy center and to estxmate the cost that would be assoczated w~th the central energy plans and, ~R~AR The Czty deszres to enter znto Contract for Professional Eng~neerzng Services as required for the purposes above stated~ and the Engineer hereby offers Professlonal Engineering Services as re- quired for the work above W~.THKSSETH That :u consideration of the mutual covenants here~n contained, the City agrees to employ the Engzneer to perform the types of services hereinafter mentioned and agrees to pay them for the servzces rendered according to the schedule of fees herezn contained PAGE 1 LUTZ DAILY & BRAIN CON ~,ULTIN~ I~N~INI~ER~ SECTION I The servzces whzch the Engzneer hereby agrees to perform are as follows A Central heatzng and cooling system study at Czv~c Center Building Complex 1 Task Description a Determlne and project the existing and planned heating and cooling requirements for the Clv:c Buzldlng Complex Determination w~ll be made by revlew:ng the exzstzng drawings of the mechanlcal systems ~n each bulldlng A walk through mechan:cal audit w:ll be performed to ver- zfy :nstalled capacity b Develop load duratlon curves for the heatzng and cooling systems ~n the bulldzngs Develop a load diversity factor based on load duratzon curves for a central heat- lng and cooling plant c Perform a lxfe cycle cost analys~s of the followzng types of heatzng and coolzng systems (1) Indzv~dual heatlng and cooling systems for each bu~ldzng (base case) (2) Central heatzng and coolzng system for the bulldzng complex (a) Central electric chzller wlth gas/o:l bozler (b) Central absorption chiller with gas/ozl boiler (c) Central steam drzven chiller wzth gas/ozl bozler Conduct a walk through energy audlt of building com- plex Identzfy potentzal energy conversation opportun- · txes (gOO's) for each buzldlng Estimate energy sav- ings for each ECO based on past englneerlng experience e Prepare cost estimates for the central heating and cool- lng plant Prepare cost estimates for the heatzng and cooling d~strzbutlon system to serve the buzldzng com- plex f Perform an eoonomxc analyszs of a gas turbine-generator energy plant zn conjunction w~th the central heatLng and coollng facilities Assume that the electrical energy produced will be supplzed to and used by the czty building complex served by the energy plant PAGE 2 LUTZ DAILY & BRAIN g Prepare a report for the central heatzng and coolzng system wzth the required auxzlzary heatmng, coolzng and power sources B Other Engineering Servzces During the term of thzs agreement~ the Engineer shall perform such other Engzneerzng Servzces as the Czty of Denton may request ~n wr~tzng regarding the utzlztzes system and any modzfzcatxon shall be reduced to writing and made an addendum to thzs contract Thzs shall all be zn accordance w~th Section III, K SECTION II The Czty agrees A To pay the Engineer for engzneerzng work performed under Sectzon I-A a sum not to exceed $19,500 00 based on hourly rates and ex- penses as hereznafter stzpulated I The Engineer wxll charge the C~ty at the following hourly rates for personnel asszgned and workzng on the Project Partners $42 41 per hour Principal Engzneers 28 85 per hour Sen~or Design Engineers 22 67 per hour Deslgn Englneers 19 26 per hour Engxneer~ng Technxczans 15 89 per hour Senzor Draftsmen 15 33 per hour Draftsmen 14 32 per hour Stenos/Word Processzng 11 10 per hour Clerks 9 56 per hour plus 54 percent of the hourly rate for d~rect payroll overhead, plus 94 percent of the hourly rate for general and admzn~stratzve overhead and profzt~ plus prxnt~ng cost of plans and other expenses at actual cost~ plus personal automobzle expense at 22 cents per mxle B It zs understood that the rates for personnel and m~leage ~n Sec- txon II-A are those effectlve as of January 1~ 1987~ and that subsequent modlf~cat~on may be necessary The Czty agrees to review wxth the Engzneer the above rates for personnel upon tzatzon of servzces and at yearly xntervals on January 1 thereaf- ter~ to compare the xndex of cost of l~vlng and other approprxate referenced professional level surveys of cost levels It lntended that the above rates be mod~fzed as reflected zn the above referenced ~ndzces and surveys Thxs must be mutually agreeable to both part~es and any modification shall be reduced to wrztxng and made an addendum to thls contract PAGE 3 LUTZ, OAIL¥ & BRAIN C Payments to the Engineer as defined by the method of compensation in this Section shall be made by the City w~thzn 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 S~CTION III It ~s ~urther 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 s~te at intervals appropriate to the stage of construction to observe the progress and quality of the executed work and to determine in general zf the work ~s pro- ceedlng in accordance w~th the contract documents, he will not be required to make exhaustive or continuous on-site inspections to check the quality or quantlty of the work, he will not be respon- sible for and will not have control or charge of construction means~ methods, technlques~ sequences~ or procedures, or the safety precautions and programs in connection w~th 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-slte observations as an experienced and qualified design professional, he will keep the Owner ~nformed 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 contractorts 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- xals or equipment, or over the contractor's differing methods of determining bid prlces~ or over competitive bidding or market conditions or other factors, the estmmates of constructmon 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 requzred~ In the work which has previously been described PAGE 4 I. UTZ DAllY & BI~AIN CONSULTING F The Engineer wzll make an ~nztzal znterpretatzon of the terms amd condzt~ons of the contract documents and he w~ll be the zmpartmal 3udge of the performance of the Owner and the contractors there- under ¢ G Nezther the Engineer's authority to act under these prov~szons nor any decision made by h~m ~n good fazth ezther to exerczse or not exerczse such authority shall g~ve rzse to any duty or respons~- b~lzty of the Engzneer to contractor~ any subcontractor~ supplzer or manufacturer~ any of their agents or employees~ or any other person performzng any of the work The dutzes~ respons~b~lxt~es and the l~mztat~on of the authority of the Engineer as the Owner's consultant shall not be modzf~ed or extended w~thout wrxtten consent of the Owner and the Engineer I The Engineer shall and does hereby agree to zndemn~fy and hold harmless the C~ty from any and all damages~ loss or lzabzlzty of any kznd whatsoever occasioned by any error~ omzss~on or neglzgent act of gngzneer, ~ts off~cers~ agents employees~ ~nvztees amd other persons for whom zt zs legal~vlzable, w~th regard to the performance of thzs agreement, and Engineer wzll~ at zts cost and expense, defend and protect the Czty of Denton agaznst any and all such claims and demands J The Engineer wzll not dzscr~m~nate against any employee or applz- cant for employment because of race, color, relzg~on~ sex, age~ dlsabzlzty or national origin The Engineer w~ll take aff~rmatzve actzon so that applzcants are employed~ and that employees are treated during employment wzthout regard to thezr race~ color~ shall znclude~ but not be l~mlted to~ the followzng employment, upgrad~ng~ demotzon or transfer, recruztment or recruztment adver- tzs~ng~ layoff or termznat~on~ rates of pay or other forms of compensat~on~ and select,on for traznzng~ znclud~ng apprentzce- sh~p The Engineer w~ll post zn conspzcuous placed, available to employees and applzcants for employment~ notices settzng forth the K In the event that the G~ty desires add~tzonal work~ the Engineer shall gzve the Owner an estzmate of the cost of servzces requested before performzng the services The Engineer shall not exceed th~s estzmated cost for these servzces by more than 15 percent untzl the Owner has revxewed the work thus far completed and au- thorzzed the charge for add~tzonal work In the event the Owner does not grant such authorzzatzon, the Engineer shall not be oblz- gated to perform further services L The Engineer shall perform Designated Servzces as expedztzously as zs conszstent wzth professzonal sk~ll and care and the orderly PAGE 5 LUTZ DAILY & BRAIN progress of the work Engineer shall exercise the same degree of care~ sklll~ and diligence in the performance of the services as 1s 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 Pro3ect This time schedule~ when approved by the Clty~ shall be adhered to by the Englneer~ 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 Englneer~ by U S Registered Mall, or return receipt and post- age prepald~ addressed to the Engineer at their principal place of bUSlneSS~ 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- 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 Mall~ return receipt and postage pre- paid, delivered to the Owner at its administrative office, pre- sently located at the Municipal Bulldlng~ 215 E McKlnney, 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 servlces~ expenses and other costs incurred by the Engineer as herelnabove provided for in this Agreement PAGE 6 LUTZ, DALLY A BRAIN CONSULTING ENGINI~RS IN WIT~I~SS W~EBEOF, the Partzes have hereunto set thezr hands and seals on the date f~rst above written CITY OF DENTON~ TEXAS RAY s P s, /OR ATTEST CITY SECRETARY F DENTON~ TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITGR, CITY ATTORNEY BY ~=~'/~/~ ~Z, DAILY & BRAIN III CONSULTING ENGINEERS PAGE 7