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HomeMy WebLinkAboutResolution - 610 - Agreement Modifying Contract - Tippett & Gee Inc - Power Supply Study - 09/25/1980i RESOLUTION 4610 - 9/2$/80 DWRlel RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement Modifying Engineering Service Contract for Power Supply Study between the City, of Lubbock, Texas, and Tippett and Gee, Inc., Abilene, Texas, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed. by the City Council this. 25th day of September ATTEST: EvelynGa Aga, City c t -Treasurer APPROVED AS TO CONTENT: Carroll McDonald, Director Electric Sales and Service APPROVED AS TO FORM: r David W. Reagan, As tant City Attorney oe B,4 9cISTTER,. MAYOR ,1980. s ti RESOLUTION ,1610 - 9/25/80 AGREEMENT MODIFYING ENGINEERING SERVICE CONTRACT FOR POWER SUPPLY STUDY BETWEEN THE CITY OF LUBBOCK, TEXAS AND TIPPETT & GEE, INC. ABILENE, TEXAS AGREEMENT MODIFYING ENGINEERING SERVICE CONTRACT FOR POWER SUPPLY STUDY BETWEEN THE CITY OF LUBBOCK, TEXAS AND TIPPETT & GEE, INC. ABILENE, TEXAS This Agreement is between the City of Lubbock, Texas, a Texas Municipality of Lubbock County, Texas, (hereinafter called the "Owner") and Tippett and Gee, Inc., a Texas Corporation, having its principal office in Abilene, Taylor County, Texas, (hereinafter called the "Engineer"). WHEREAS, the parties hereto entered into an Agreement for Engineer to conduct and provide a Power Supply Study to Owner, on July 12, 1979. A copy of that Agreement is attached hereto, marked Exhibit "A" and insofar as it is not inconsistent with the terms hereof, made a part of this Agreement; and WHEREAS, the time for performance of such Agreement marked Exhibit "A" has passed and the Owner has made no payments for services to be performed under such Agreement; and WHEREAS, the Engineer desires to perform such Agreement at the same fee stated in Exhibit "A" and Owner desires to obtain such performance at the same fee. NOW, THEREFORE, the parties hereto desire to, and do hereby modify the Agreement, Exhibit "A" attached hereto, in the following respects: I. The first paragraph of Article II of that Agreement, which read as follows: "The Engineer agrees to perform the services required by this Contract as expeditiously as practical and to schedule the completion of all phases of the study and its submittal in final form not later than May 1, 1980." is hereby deleted, and the following is substituted so that the paragraph now reads as follows: "The Engineer agrees to perform the services required by this Contract as expeditiously as practical and to schedule the completion of all phases of the study and its submittal in final form not later than July 31, 1981." II. Section B of Article VI of that Agreement which read as follows: "B. PAYMENTS Payments to the Engineer shall be made in Abilene, Taylor County, Texas, as follows: 1. 50% of the fee in 10 equal monthly payments beginning one month after authorization to proceed with the Study. t� 2. 40% of the fee upon submittal of the final draft of the completed Study. 3. 10% of the fee upon acceptance by the City of Lubbock, but not later 90 days after submittal of the completed Study. 4. Reimbursement for out-of-pocket expenses upon submittal of itemized invoices for such expenses." is hereby deleted, and the following is substituted so that the section now reads as follows: "B. PAYMENTS Payment to the Engineer shall be made in Abilene, Taylor County, Texas, as follows: 1. 40% of the fee upon submittal of an interim report not later than November 15, 1980. 2. 50% of the fee upon submittal of the final draft of the completed Study not later than July 31, 1981. 3. 10% of the fee upon acceptance by the City of Lubbock, but not later than 90 days after submittal of the completed Study. 4. Reimbursement for out-of-pocket expenses upon submittal of itemized invoices for such expenses." This modifying Agreement is supplemental to the Contract between the parties dated July 12, 1979, and marked Exhibit "A" and attached hereto, and such Contract is by reference made a part hereof. All the terms, conditions, and provisions thereof (unless specifically modified herein) are to apply hereto. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement this 25th day of September , 1980. THE CITY UBBOCK TEXAS OWNER B McALISTER, MAYOR TIPPETT AND GEE, INC. ENGI ER c J _ PRESIDENT AT ATTEST: Evelyn Ga ga, City e e y -Treasurer SECRETARY APPROVED AS TO CONTENT: Carroll McDonald, irector Electric Sales and Service .m Aastartt CIry /Ittwrwq 9 ENGINEERING SERVICE CONTRACT FOR POWER SUPPLY STUDY BETWEEN THE CITY OF LUBBOCK, TEXAS AND - TIPPETT S GEE, INC. ABILENE, TEXAS EXHIBIT "A" ENGINEERING SERVICE CONTRACT FOR POWER SUPPLY STUDY BETWEEN THE CITY OF LUBBOCK, TEXAS AND TIPPETT & GEE, INC. ABILENE, TEXAS AGREEMENT made /Z /� t between the City of Lubbock, Texas, a Texas Municipal y, 49f Lubbock County, Texas, (hereinafter called D the "Owner") and Tippett & Gee, Inc., a Texas Corporation, having its prin- cipal office in Abilene, Taylor County, Texas, (hereinafter called the "Engineer"). WHEREAS, the Owner directs that the future growth of the demands upon its electric utility System and the means for meeting these demands be studied in detail; and WHEREAS, the Engineer represents that he has sufficient experienced personnel and equipment to perform, and the Owner desires the Engineer to perform the engineering services herein described in respect of the System. NOW, THEREFORE, in consideration of the mutual covenants herein con- tained, the parties hereto agree as follows: ARTICLE 1 EMPLOYMENT OF ENGINEER The Owner agrees to employ the Engineer and the Engineer agrees to perform professional engineering services in connection with the Work as stated in the sections to follow, and for having rendered such services, the Owner agrees to pay to the Engineer compensation as stated in the sections to follow. The Engineer hereby agrees to assign the personnel to this Project which may be necessary for satisfactory completion of said engineering services. ARTICLE II CHARACTER AND EXTENT OF SERVICES The Engineer agrees to perform the services required by this Contract as expeditiously as practical and to schedule the completion of all phases of the study and its submittal in final form not later than May 1, 1980. The Engineer shall render services on the project including but not limited to the following: A. Study the feasibility of possible sources of future additional electric power supply to ensure continued economic and reliable electric service for the citizens of Lubbock including: 1. Types and sizes of generating prime movers including combined cycles utilizing existing or future gas turbines. 2. Fuel types and sources available for power generation, including Western coal and solid waste as a supplemental or alternate fuel. 3. Use of sewage effluent as a source of cooling water. 4. Requirements for compliance with all state and federal regulations for additional power production sources. 5. Siting considerations and their impact on the environment. 6. Disposal of wastes incidental to electric power production utilizing solid fuels. B. Study general feasibility of interconnection and/or joint generation installa- tion with other electric utility systems, and the specific feasibility of a 100 MW interconnection to be in operation by the summer of 1983. ARTICLE III FURNISHED BY OWNER Lubbock Power & Light shall furnish the Engineer all relevant maps, load data including future load projections, descriptions of property, records, cost data, existing fuel contracts and generating plant performance,data in regard to quantity and quality of solid waste, fresh water availability, sewage effluent quantity and quality, and any other pertinent data which it may possess relating to the services to be performed by the Engineers. ARTICLE IV REVIEW MEETINGS & DOCUMENTATION . The Engineer shall meet with the Owner at agreed -upon -intervals and shall submit preliminary drafts of parts of the study to the Owner for review and dis- cussion. The Engineer shall submit 20 bound final copies of the study to the Owner. ARTICLE V ENGINEER, INDEPENDENT CONTRACTOR It is understood and agreed that in all work covered in this Agreement that the Engineer shall act as an independent contractor administrating complete control over its employees. ARTICLE VI COMPENSATION A. For and in consideration of the services to be rendered by the Engineer, the Owner shall pay, and the Engineer shall receive the compensation hereinafter set forth for the Study. -2- r . ' The compensation payable by the Owner to the Engineers shall be as follows: I. A fee for the performance of the Study in the amount of ONE HUNDRED TWENTY FIVE THOUSAND DOLLARS ($125,000); and 2. Reimbursement for out-of-pocket expense at actual cost for all normal travel expenses for inspection of solid -waste generating facilities as may be directed or authorized by the Owner. B. PAYMENTS Payments to the Engineer shall be made in Abilene, Taylor County, Texas, as follows: 1. 50% of the fee in 10 equal monthly payments beginning one month after authorization to proceed with the Study. 2. 40% of the fee upon submittal of the final draft of the completed Study. 3. 10% of the fee upon acceptance by the City of Lubbock, but not later than 90 days after submittal of the completed study. 4. Reimbursement for out-of-pocket expense upon submittal of itemized invoices for such expenses. IN WITNESS WHEREOF, the parties hereto have entered into this Contract as of the day and year first hereinabove written. ATTEST: City Secreliiry 7 lzr'l Approved as to form: G hn C. Ross, Jr., City Attorney C ATTEST: Secretary CITY nF InRRnrK TFYac TIPPETT.& GEE, INC. Engineer By President Title -3- Y e Aippett e e L.Ionsulting Engineers �. 502 NORTH WILLIS STREET ABILENE, TEXAS 79603 PHONE 673-8291 AREA CODE 915 TELEX: 739457 nP8GEE ABI Mr. Larry Cunningham City Manager City of Lubbock P. 0. Box 2000 Lubbock, Texas 79457 September 8, 1980 Re: Agreement Modifying Engineering Service Contract for Power Supply Study for the City of Lubbock Dear Mr. Cunningham: Attached hereto is a fully executed copy of the modifying agreement transmitted with your letter of August 26, 1980. We would appreciate your returning to us two copies of this agreement upon execu- tion by the City of Lubbock. We appreciate the opportunity to go forward on this study. It is most complicated as the present condition of the energy situation is very complex. Yours truly, TIPPETT S GEE, INC. Louis LSG:nfs Attach.