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