Loading...
1984-1450915L NO 9 - A4~ AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND BLACK & VEATCH CONSULTING ENGINEERS FOR ENGINEERING SERVICES RE- LATING TO FEDERAL ENERGY REGULATORY COMMISSION (FERC) CONSTRUCTION LICENSE FOR LEWISVILLE HYDROELECTRIC PROJECTS, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, it is in the best interest of the City of Denton to provide for its future needs for the construction and operation of hydropower developments at Lewisville Lake Dam and Ray Roberts Reservoir Dam, and WHEREAS, the city staff and Public Utilities Board has recommended that Black & Veatch Consulting Engineers, be retained to assist the City with requests and requirements of local, state, and federal regulatory agencies to obtain various licenses and permits required for the construction and operation of hydropower developments at Lewisville Lake Dam and Ray Roberts Reservoir Dam, and WHEREAS, Section 2 36 (f) of the Code of Ordinances requires that the City Council approve all expenditures of more than $3,000, and WHEREAS, Section 2 09 of the Charter of the City of Denton, Texas requires that every act of the Council providing for the expenditure of funds or for the contracting for indebtedness shall be by ordinance, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION I That the Mayor and City Secretary are hereby authorized and directed to execute and attest, respectively, the agreement be- tween the City of Denton, and Black & Veatch Consulting Engineers, be retained to assist the City with requests and requirements of local, state, and federal regulatory agencies to obtain various licenses and permits required for the construction and operation of hydropower developments at Lewisville Lake Dam and Ray Roberts Reservoir Dam under the terms and conditions being contained in said agreement which is attached hereto and made a part hereof SECTION II That this ordinance its passage and approval shall become effective immediately upon PASSED AND APPROVED this the ATTEST 3011L ay CHAKLOTTE EN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM JOE D MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY irc V V.v~ - r THIS CONTRACT off Uve the Hundred and -LLT by an, poration organized and existing Texas (hereinafter referred to as NEERS (hereinafter referred to professional engineers in the St Missouri WTTNESSETH GENERAL AGRE DGIN'T FOR ENGIlCEERING SERVICES day of in the year Nineteen i between the CITY OF DENTON, TEXAS, a municipal cor- under the Home Rule Amendment to the Constitution of the Owner), and BLACK & VEATCH CONSULTING ENGI- as the Engineer), a partnership having principals registered as ate of Texas, with principal business office at Kansas City, WHEREAS, the Owner requires services of the Engineer from time to time to assist the Owner with requests and requirements of local, state, and federal regulatory agencies to obtain various licenses and permits required for the construction and operation of hydropower developments at Lewisville Lake Dam and Ray Roberts Reservoir Dam, and other services as may be required by the Owner on an as-needed-and-authorised basis, referred to hereinafter as the Services, and, WHEREAS, the Engineer is prepared to provide such Services NOW THEREFORE, in consideration of the premises and the mutual covenants herein con- tained, the parties hereto agree as follows ARTICLE I - SERVICES TO BE PERFORMED BY TEE ENGINEER The Engineer shall perform the Services when needed, as determined required, and authorized by the Owner ARTICLE II - COMPENSATION The Owner shall pay to the Engineer for the performance of the Services the sum of the follow- mg amounts (1) The amount of 2 0 times payroll costs of personnel applied to the Services Payroll cost is defined as 1 25 times direct salary cost (2) For all expenses i"curred by the Engineer directly chargeable to the Services ren- dered pursuant to this Contract, an amount equal to the actual out-of-pocket cost or standard charges for such expenses Such expenses shall specifically include, but are not necessarily limited to, the following (a) Long distance telephone expenses (b) Standard charges for operating time actually applied to the Services of the Engineer's computer center, other computer centers, and the Engineer's automated drafting systems (c) Prints, reproductions, and printed documents at standard rates (d) Reasonable traveling and living expenses for personnel (e) The actual cost paid by the Engineer to third parties (f) Other direct expenses related to the Services The Engineer's fiscal month is from the 27th day of each month through the 26th day of the succeeding month Thar Engineer will submit to the Owner monthly invoices for Services per- formed Each invoice will be submitted by about the fifteenth day of the month following the month during which such Services were performed The Owner agrees to pay the Engineer's monthly invoice within 30 days after the invoice is received by the Owner The Owner has the right to audit the time records and salaries of personnel and charges for direct expenses. ARTICLE III - GENERAL OBLIGATIONS OF THE ENGINEER The Engineer shall exercise the care, skill, and diligence customarily provided by a professional engineer in the performance of such Services for projects sunilar to the project contemplated hereunder If any modifications or alterations are required to correct significant deviations from the quality of Services stipulated, the Engineer will, at no cost to the Owner, re-perform the necessary Services to correct such deviations The Engineer agrees to defend and indemnify the Owner against claims, loss, or damage winch are the result of any accident caused by negligence associated with Services performed by the Engineer The Engineer's liability shall be limited to the extent of the Engineer's available insurance coverage for such negligence The Engineer shall have no liability to the Owner for loss of use damages incurred by the Company (including but not lunrted to loss of profits, cost of capital, cost of replacement power or similar damages) arising out of the Services performed, or neglected to be performed, by the Engineer under this Contract The liability of the Engineer under the provisions of this Article shall not apply more than two years after completion of the Services performed under this Contract ARTICLE IV - INDEPENDENT CONTRACTOR The Engineer undertakes the performance of this Contract as an independent contractor and shall be wholly responsible for the methods followed in the performance of the Services and, although the Owner shall have no right to supervise directly the methods used in the per- formance of the Services hereunder, its representative shall have the right to inspect such Services during the performance thereof and shall approve same for the Owner The Engineer shall work closely with the Owner in performing Services under this Contract ARTICLE V - COMPLIANCE WrM LAWS The Engineer will, insofar as practical in the performance of Services, endeavor to comply with all applicable regulatory requirements including federal, state, and local laws, rules and regula- tions, codes, criteria, and standards ARTICLE VI - QUALITY ASSURANCE The Engineer shall per fig 8- the Services in accordance with the Engineer's Quality Assurance Program. The Engineer's Quality Assurance Program shall be available for review by the Owner ARTICLE VII - INSURANCE During the performance of the Services under this Contract, the Engineer, for the protection of the Owner, shall maintain the following insurance (1) Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than 5500,000 in the aggregate, and with property damage limits of not less than S 100,000 for each occurrence and not leas than S 100,000 in the aggregate (2) Automobile Liability Insurance with bodily injury limits of not less than 5500,000 for each person and not less than $500,000 for each accident, and with property damage limits of not less than $100,000 for each occurrence (3) Worker's Compensation Insurance in accordance with statutory requirements and Employers' Liability Insurance with limits of not less than 5100,000 for each accident The Engineer shall furnish the Owner certificates of insurance of the Engineer's insurance policies covering the stated liabilities, together with the provision that the same shall not be canceled without at least ten days' written notice to the Owner ARTICLE VM - OWNER'S RESPONS®ILITIES The Owner shall supply to the Engineer, either directly or indirectly from others, all available information and data which is required by the Engineer The Owner will be responsible for the following (1) Approve all procedures established to govern the relationships among the Owner, the Engineer, and third parties. (2) Make final engineering and planning decisions utilizing information supplied by the Engineer (3) Provide designated personnel to represent the Owner in matters involving the Engineer ARTICLE IX - OWNERS®P OF DOCUMENTS Reports, summaries, plans, and other documents ansmg out of this Contract shall be made available and supplied to the Owner for their use Original notes, calculations and investigative information, and copies of other documents shall remain in the files of the Engineer ARTICLE X - TERMINATION OF CONTRACT The Owner shall have the right to terminate this Contract upon written notice to the Engineer, and the Engineer shall terminate performance of Services on a schedule acceptable to the Owner In the event of termination, the Owner shall pay the Engineer for all Services per- formed AwncLE 7Q - ASSIGNMENT This Contract shall not be assigned in whole or in part except as may be approved in writing by the owner IN WITNESS WHEREOF, the parties have executed this Contract by their duly authorized representatives effective the day and year first above written ATTEST CITY OF DENTON, TEXAS BY 9494e*:M~ Y ate TITLE TITLE ~ Gvl C r.,-. ATTEST BLACK & VEATCH CONSULTING ENGINEERS BY BY r/ Date TITLE f TITLE APPOYIO____AS V FM an a MIION,1BiAa: BM aiw"