8031-005 - Contract Executed
Docusign Transmittal Coversheet
File Name
Purchasing Contact
Contract Expiration
DocuSign Envelope ID: 98B607C9-D2A1-4F3A-80AA-8C893EF1A5B8
8031-005 DEC Inlet Cooling Project
Christa Christian
NA
City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 1 of 19
CITY OF DENTON, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL
SERVICES
(8031-005)
This AGREEMENT is between the City of Denton, a Texas home-rule municipality
("CITY"), and BLACK & VEATCH CORPORATION, with its corporate office at 11401
Lamar Avenue, Overland Park, KS 66021 and authorized to do business in Texas,
("ENGINEER"), for the PROJECTS generally described in the CITY Request for
Qualifications 8031 and more specifically in Attachment A (the "PROJECTS").
SECTION 1
Scope of Services
A. The CITY hereby agrees to retain the ENGINEER, and the ENGINEER hereby agrees
to perform, professional engineering services set forth in individual task orders (Task
Orders) further developed from the Scope of Services attached hereto as
Attachment A. These services shall be performed in connection with the PROJECT.
B. Additional services, if any, will be requested in writing by the CITY. CITY shall not
pay for any work performed by ENGINEER or its consultants, subcontractors and/or
suppliers that has not been ordered in advance and in writing. It is specifically
agreed that ENGINEER shall not be compensated for any additional work resulting
from oral orders of any person.
SECTION 2
Compensation and Term of Agreement
A. The ENGINEER shall be compensated for all services provided pursuant to this
AGREEMENT in an amount not to exceed $41,000.00 in the manner and in
accordance with the fee schedule as set forth in Attachment A. Payment shall be
considered full compensation for all labor, materials, supplies, and equipment
necessary to complete the services described in Attachment A and the applicable
Task Order.
B. Unless otherwise terminated pursuant to Section 6. D. herein, this AGREEMENT shall
be for a term beginning upon the effective date, as described below, and shall continue
for a period of three years which may reasonably be required for the completion of the
PROJECTS, until the expiration of the funds, or completion of the PROJECTS and
acceptance by the CITY, whichever occurs first. ENGINEER shall proceed diligently
with the PROJECTS to completion as described in the PROJECT schedule as set forth
in the applicable Task Order. The CITY may elect to renew this AGREEMENT for up
to six months.
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SECTION 3
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation, including but not
limited to meeting the requirements set forth in the PROJECT schedule as set
forth in the applicable Task Order to reasonably substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. Invoices for the uncontested performance of the particular
services are due and payable within 30 days of receipt by City.
(3) Upon completion of services enumerated in Section 1, the final payment of any
balance for the uncontested performance of the services will be due within 30
days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested will
be withheld from payment, and the undisputed portion will be paid. The CITY
will exercise reasonableness in contesting any bill or portion thereof. No
interest will accrue on any contested portion of the billing until mutually resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested in
good faith within 60 days of the amount due, the ENGINEER may, after giving 7
days' written notice to CITY, suspend services under this AGREEMENT until
paid in full. In the event of suspension of services, the ENGINEER shall have
no liability to CITY for delays or damages caused the CITY because of such
suspension of services.
SECTION 4
Obligations of the Engineer
A. General
The ENGINEER will serve as the CITY's professional engineering representative under
this AGREEMENT, providing professional engineering consultation and advice and
furnishing customary services incidental thereto.
B. Standard of Care
The ENGINEER shall perform its services:
(1) with the professional skill and care ordinarily provided by competent engineers
practicing in the same or similar locality and under the same or similar
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circumstances and professional license; and
(2) as expeditiously as is prudent considering the ordinary professional skill and
care of a competent engineer.
If during the one year period following completion of construction of the ENGINEER’s
designed systems and operation of the improvements ("Warranty Period"), it is shown
there is an error in the services caused solely by ENGINEER's failure to meet such
standards and CITY has notified ENGINEER in writing of any such error within that period,
ENGINEER shall re- perform, at no additional cost to CITY, such services within the
original scope of services as may be necessary to remedy such error.
The obligations and representations contained in this section are ENGINEER's sole
warranty and guarantee obligations and CITY's exclusive remedy in respect of quality of
the services. EXCEPT AS PROVIDED IN THIS ARTICLE, ENGINEER MAKES NO
OTHER WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO
ENGINEER’S SERVICES AND CONSULTANT DISCLAIMS ANY IMPLIED
WARRANTIES OR WARRANTIES IMPOSED BY LAW INCLUDING WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering work to be
performed hereunder. The ENGINEER shall also advise the CITY concerning
the results of same. Such surveys, tests, and investigations shall be furnished
by the CITY, unless otherwise specified in the applicable Task Order.
(2) In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test points and
sample intervals and at locations other than where observations, exploration,
and investigations have been made. Because of the inherent uncertainties in
subsurface evaluations, changed or unanticipated underground conditions may
occur that could affect the total PROJECT cost and/or execution. These
conditions and cost/execution effects are not the responsibility of the
ENGINEER.
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D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink on
reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by
CITY, which shall become the property of the CITY. CITY may use such drawings in any
manner it desires; provided, however, that the ENGINEER shall not be liable for the use of
such drawings for any project other than the PROJECT described herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the ENGINEER or
its personnel in any way responsible for those duties that belong to the CITY
and/or the CITY's construction contractors or other entities, and do not relieve
the construction contractors or any other entity of their obligations, duties, and
responsibilities, including, but not limited to, all construction methods, means,
techniques, sequences, and procedures necessary for coordinating and
completing all portions of the construction work in accordance with the
AGREEMENT Documents and any health or safety precautions required by
such construction work. The ENGINEER and its personnel have no authority to
exercise any control over any construction contractor or other entity or their
employees in connection with their work or any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in the
applicable Task Order, the ENGINEER or its personnel shall have no obligation
or responsibility to visit the construction site to become familiar with the
progress or quality of the completed work on the PROJECT or to determine, in
general, if the work on the PROJECT is being performed in a manner indicating
that the PROJECT, when completed, will be in accordance with the
AGREEMENT Documents, nor shall anything in the AGREEMENT Documents
or this AGREEMENT between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on-site inspections to discover
latent defects in the work or otherwise check the quality or quantity of the work
on the PROJECT. If the ENGINEER makes on-site observation(s) of a
deviation from the AGREEMENT Documents, the ENGINEER shall inform the
CITY.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth in
the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the AGREEMENT Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the current
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available information at the time of preparation, and as further described in the
applicable Task Order.
(2) In providing opinions of cost, financial analyses, economic feasibility projections,
and schedules for the PROJECT, the ENGINEER has no control over cost or
price of labor and materials; unknown or latent conditions of existing equipment
or structures that may affect operation or maintenance costs; competitive
bidding procedures and market conditions; time or quality of performance by
third parties; quality, type, management, or direction of operating personnel; and
other economic and operational factors that may materially affect the ultimate
PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty
that the CITY's actual PROJECT costs, financial aspects, economic feasibility,
or schedules will not vary from the ENGINEER's opinions, analyses, projections,
or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction progress
payments to the construction contractor will be based on the ENGINEER's knowledge,
information, and belief from selective sampling and observation that the work has
progressed to the point indicated. Such recommendations do not represent that
continuous or detailed examinations have been made by the ENGINEER to ascertain that
the construction contractor has completed the work in exact accordance with the
AGREEMENT Documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose the
construction contractor has used the moneys paid; that title to any of the work, materials,
or equipment has passed to the CITY free and clear of liens, claims, security interests, or
encumbrances; or that there are not other matters at issue between the CITY and the
construction contractor that affect the amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information compiled
and furnished by others, and may not always represent the exact location, type of various
components, or exact manner in which the PROJECT was finally constructed. The
ENGINEER is not responsible for any errors or omissions in the information from others
that is incorporated into the record drawings.
I. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after
final payment under this AGREEMENT, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the ENGINEER involving transactions relating to this AGREEMENT.
ENGINEER agrees that the CITY shall have access during normal working
hours to all necessary ENGINEER facilities and shall be provided adequate and
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appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable advance
notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such subconsultant,
involving transactions to the subcontract, and further, that the CITY shall have
access during normal working hours to all subconsultant facilities, and shall be
provided adequate and appropriate work space, in order to conduct audits in
compliance with the provisions of this section together with subsection (3)
hereof. CITY shall give subconsultant reasonable advance notice of intended
audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may be
requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost
of copies at the rate published in the Texas Administrative Code in effect as of
the time copying is performed.
J. INSURANCE
(1) ENGINEER’S INSURANCE
a. Commercial General Liability – the ENGINEER shall maintain
commercial general liability (CGL) and, if necessary, commercial
umbrella insurance with a limit of not less than $1,000,000.00 per each
occurrence with a $2,000,000.00 aggregate. If such Commercial General
Liability insurance contains a general aggregate limit, it shall apply
separately to this PROJECT or location.
i. The CITY shall be included as an additional insured with all rights
of defense under the CGL, using ISO additional insured
endorsement or a substitute providing equivalent coverage, and
under the commercial umbrella, if any. This insurance shall apply
as primary insurance with respect to any other insurance or self-
insurance programs afforded to the CITY. The Commercial
General Liability insurance policy shall have no exclusions or
endorsements that would alter or nullify: premises/operations,
products/completed operations, contractual, personal injury, or
advertising injury, which are normally contained within the policy,
unless the CITY specifically approves such exclusions in writing.
ii. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
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extent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained in
accordance with this AGREEMENT.
b. Business Auto – the ENGINEER shall maintain business auto liability
and, if necessary, commercial umbrella liability insurance with a limit of
not less than $1,000,000 each accident. Such insurance shall cover
liability arising out of “any auto”, including owned, hired, and non-owned
autos, when said vehicle is used in the course of the PROJECT. If the
engineer owns no vehicles, coverage for hired or non-owned is
acceptable.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this AGREEMENT or under any applicable auto
physical damage coverage.
c. Workers’ Compensation – ENGINEER shall maintain workers
compensation and employers liability insurance and, if necessary,
commercial umbrella liability insurance with a limit of not less than
$100,000.00 each accident for bodily injury by accident or $100,000.00
each employee for bodily injury by disease, with $500,000.00 policy limit.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
employer’s liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this AGREEMENT.
d. Professional Liability – ENGINEER shall maintain professional liability, a
claims-made policy, with a minimum of $1,000,000.00 per claim and
aggregate. The policy shall contain a retroactive date prior to the date of
the AGREEMENT or the first date of services to be performed,
whichever is earlier. Coverage shall be maintained for a period of 5 years
following the completion of the AGREEMENT. An annual certificate of
insurance specifically referencing this PROJECT shall be submitted to
the CITY for each year following completion of the AGREEMENT.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be attached to this AGREEMENT prior to its
execution.
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b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, subject to any defense provided by the policy, as its
interests may appear. The term CITY shall include its employees,
officers, officials, agents, and volunteers as respects the contracted
services.
c. Certificate(s) of insurance shall document that insurance coverage
specified in this AGREEMENT are provided under applicable policies
documented thereon.
d. Any failure on part of the CITY to attach the required insurance
documentation hereto shall not constitute a waiver of the insurance
requirements.
e. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Notice shall be sent
to the respective Department Director (by name), City of Denton, 901
Texas Street, Denton, Texas 76209.
f. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A:V or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength
and solvency to the satisfaction of Risk Management.
g. Any deductible or self insured retention in excess of $25,000.00 that
would change or alter the requirements herein is subject to approval by
the CITY in writing, if coverage is not provided on a first-dollar basis. The
CITY, at it sole discretion, may consent to alternative coverage
maintained through insurance pools or risk retention groups. Dedicated
financial resources or letters of credit may also be acceptable to the
CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation
in favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion; the ENGINEER may
be required to provide proof of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims-made basis, shall contain a retroactive date coincident with or
prior to the date of the AGREEMENT. The certificate of insurance shall
state both the retroactive date and that the coverage is claims-made.
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k. Coverages, whether written on an occurrence or claims-made basis,
shall be maintained without interruption nor restrictive modification or
changes from date of commencement of the PROJECT until final
payment and termination of any coverage required to be maintained after
final payments.
l. The CITY shall not be responsible for the direct payment of any
insurance premiums required by this AGREEMENT.
m. Sub consultants and subcontractors to/of the ENGINEER shall be
required by the ENGINEER to maintain the same or reasonably
equivalent insurance coverage as required for the ENGINEER. When
sub consultants/subcontractors maintain insurance coverage,
ENGINEER shall provide CITY with documentation thereof on a
certificate of insurance.
K. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant and not as a
subcontractor, agent, or employee of the CITY. The doctrine of respondeat superior
shall not apply.
L. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of
any existing conflicts of interest or potential conflicts of interest, including personal financial
interest, direct or indirect, in property abutting the proposed PROJECT and business
relationships with abutting property cities. The ENGINEER further acknowledges that it will
make disclosure in writing of any conflicts of interest that develop subsequent to the
signing of this AGREEMENT and prior to final payment under the AGREEMENT.
M. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or suspected,
the ENGINEER will stop its own work in the affected portions of the PROJECT
to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
N. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published design
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criteria and/or current engineering practice standards which the ENGINEER should have
been aware of at the time this AGREEMENT was executed, the ENGINEER shall revise
plans and specifications, as required, at its own cost and expense. However, if design
changes are required due to the changes in the permitting authorities' published design
criteria and/or practice standards criteria which are published after the date of this
AGREEMENT which the ENGINEER could not have been reasonably aware of, the
ENGINEER shall notify the CITY of such changes and an adjustment in compensation will
be made through an amendment to this AGREEMENT.
O. Schedule
ENGINEER shall manage the PROJECTS in accordance with the schedule developed per
the applicable Task Order to this AGREEMENT.
P. Equal Opportunity
(1) Equal Employment Opportunity: ENGINEER and ENGINEER’s agents
shall not engage in any discriminatory employment practice. No person shall,
on the grounds of race, sex, sexual orientation, age, disability, creed, color,
genetic testing, or national origin, be refused the benefits of, or be otherwise
subjected to discrimination under any activities resulting from this
AGREEMENT.
(2) Americans with Disabilities Act (ADA) Compliance: ENGINEER and
ENGINEER’s agents shall not engage in any discriminatory employment
practice against individuals with disabilities as defined in the ADA.
SECTION 5
Obligations of the City
A. City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the information
provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for the
ENGINEER's performance of its services. The CITY will perform, at no cost to the
ENGINEER, such tests of equipment, machinery, pipelines, and other components of the
CITY's facilities as may be required in connection with the ENGINEER's services. The
CITY will be responsible for all acts of the CITY's personnel.
C. Advertisements, Permits, and Access
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Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and
pay for all advertisements for bids; permits and licenses required by local, state, or federal
authorities; and land, easements, rights-of-way, and access necessary for the
ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney, insurance
counselor, accountant, auditor, bond and financial advisors, and other consultants as the
CITY deems appropriate; and render in writing decisions required by the CITY in a timely
manner in accordance with the PROJECT schedule prepared in accordance with the
applicable Task Order.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY observes or
becomes aware of any development that affects the scope or timing of the ENGINEER's
services or of any defect in the work of the ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos containing
materials, or conditions, and that ENGINEER had no prior role in the
generation, treatment, storage, or disposition of such materials. In
consideration of the associated risks that may give rise to claims by third
parties or employees of City, City hereby releases ENGINEER from any
damage or liability related to the presence of such materials. Anything
herein to the contrary notwithstanding, title to, ownership of, and legal
responsibility and liability for any and all such hazardous materials shall at all
times remain with the CITY .
(2) The release required above shall not apply in the event the discharge, release
or escape of hazardous substances, contaminants, or asbestos is a result of
ENGINEER’s sole negligence or if ENGINEER brings such hazardous
substance, contaminant or asbestos onto the PROJECT.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article IV.E.
regarding the ENGINEER's Personnel at Construction Site, and provisions providing for
contractor indemnification of the CITY and the ENGINEER for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
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(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ENGINEER, its officers, employees, and
subcontractors, for any claim arising out of, in connection with, or
resulting from the engineering services performed. Only the CITY
will be the beneficiary of any undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third-party beneficiary rights under this AGREEMENT.
(4) Nothing contained in this Section H. shall be construed as a waiver of any right
the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY may secure Builders Risk/Installation insurance at the replacement
cost value of the PROJECT. The CITY may provide ENGINEER a copy of the
policy or documentation of such on a certificate of insurance.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or requested
assistance to support, prepare, document, bring, defend, or assist in litigation undertaken
or defended by the CITY. In the event CITY requests such services of the ENGINEER, this
AGREEMENT shall be amended or a separate agreement will be negotiated between the
parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services in this
AGREEMENT. If such changes affect the ENGINEER's cost of or time required for
performance of the services, an equitable adjustment will be made through an amendment
to this AGREEMENT with appropriate CITY approval.
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L. Limitations
A. Neither party shall be liable to the other party for loss of profits or revenue;
loss of use; loss of opportunity; loss of goodwill; cost of substitute facilities, goods
or services; cost of capital; cost of replacement power; governmental and
regulatory sanctions; and claims of customers for such damages; or, any special,
consequential, incidental, indirect or exemplary damages. Property damage and
bodily injury are not considered to be special, consequential, incidental, indirect or
exemplary damages.
B. To the fullest extent permitted by law, and notwithstanding any other
provision of this Agreement, the total liability, in the aggregate, of ENGINEER and
ENGINEER's officers, directors, members, partners, agents, employees, and
consultants, to CITY and anyone claiming by, through, or under CITY for any
and all claims, losses, costs, or damages whatsoever arising out of, resulting
from, or in any way related to the Project or the Agreement from any cause or
causes, including but not limited to professional errors or omissions, strict
liability, breach of contract, indemnity obligations, or warranty express or implied of
ENGINEER or ENGINEER's officers, directors, members, partners, agents,
employees, or consultants, shall not exceed the total compensation received
by ENGINEER under this Agreement, or $100,000, whichever sum is greater.
SECTION 6
General Legal Provisions
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a
written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
ENGINEER, whether in hard copy or in electronic form, are instruments of service for this
PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by
the CITY or by others acting through or on behalf of the CITY of any such instruments of
service without the written permission of the ENGINEER will be at the CITY's sole risk.
The CITY shall own the final designs, drawings, specifications and documents.
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C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused by acts of
God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER
that prevent ENGINEER’s performance of its obligations hereunder.
D. Termination
(1) This AGREEMENT or any Task Order issued hereunder may be terminated:
a. by the City for its convenience upon 30 days' written notice to
ENGINEER.
b. by either the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such
nonperformance within 5 days’ written notice or thereafter fails to
diligently complete the correction.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a. Cost of reproduction of partial or complete studies, plans, specifications
or other forms of ENGINEER'S work product;
b. Out-of-pocket expenses for purchasing electronic data files and other
data storage supplies or services;
c. The time requirements for the ENGINEER'S personnel to document the
work underway at the time of the CITY'S termination for convenience so
that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit to the
CITY an itemized statement of all termination expenses. The CITY'S approval
will be obtained in writing prior to proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for the
convenience of the CITY. In the event of such suspension, delay, or interruption, an
equitable adjustment in the PROJECT's schedule, commitment and cost of the
ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be
made.
F. Indemnification
DocuSign Envelope ID: 98B607C9-D2A1-4F3A-80AA-8C893EF1A5B8
City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 15 of 19
IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.904,
THE ENGINEER SHALL INDEMNIFY OR HOLD HARMLESS THE CITY AGAINST
LIABILITY FOR ANY DAMAGE COMMITTED BY THE ENGINEER OR ENGINEER’S
AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH
THE ENGINEER EXERCISES CONTROL TO THE EXTENT THAT THE DAMAGE IS
CAUSED BY OR RESULTING FROM AN ACT OF NEGLIGENCE, INTENTIONAL
TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A
SUBCONTRACTOR OR SUPPLIER. CITY IS ENTITLED TO RECOVER ITS
REASONABLE ATTORNEY’S FEES IN PROPORTION TO THE ENGINEER’S
LIABILITY.
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior written
consent of the other party.
H. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue for any
litigation related to this AGREEMENT shall be Denton County, Texas.
I. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability
will not affect any other provision, and this AGREEMENT shall be construed as if such
invalid, illegal, or unenforceable provision had never been contained herein. Sections 5.F.,
6.B., 6.D., 6.F., 6.H., and 6.I. shall survive termination of this AGREEMENT for any cause.
J. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State laws and
regulations and with all City ordinances and regulations which in any way affect this
AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws
ordinances and regulations which may exist or may be enacted later by governing bodies
having jurisdiction or authority for such enactment. No plea of misunderstanding or
ignorance thereof shall be considered. ENGINEER AGREES TO DEFEND, INDEMNIFY
AND HOLD HARMLESS CITY AND ALL OF ITS OFFICERS, AGENTS AND
EMPLOYEES FROM AND AGAINST ALL CLAIMS OR LIABILITY ARISING OUT OF
THE VIOLATION OF ANY SUCH ORDER, LAW, ORDINANCE, OR REGULATION,
WHETHER IT BE BY ITSELF OR ITS EMPLOYEES.
K. Immigration Nationality Act
ENGINEER shall verify the identity and employment eligibility of its employees who
perform work under this AGREEMENT, including completing the Employment Eligibility
DocuSign Envelope ID: 98B607C9-D2A1-4F3A-80AA-8C893EF1A5B8
City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 16 of 19
Verification Form (I-9). Upon request by CITY, ENGINEER shall provide CITY with
copies of all I-9 forms and supporting eligibility documentation for each employee who
performs work under this AGREEMENT. ENGINEER shall adhere to all Federal and
State laws as well as establish appropriate procedures and controls so that no services
will be performed by any ENGINEER employee who is not legally eligible to perform
such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS
FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
PARAGRAPH BY ENGINEER, ENGINEER’S EMPLOYEES, SUBCONTRACTORS,
AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the
right to immediately terminate this AGREEMENT for violations of this provision by
ENGINEER.
L. Prohibition On Contracts With Companies Boycotting Israel
Engineer acknowledges that in accordance with Chapter 2271 of the Texas
Government Code, City is prohibited from entering into a contract with a company for
goods or services unless the contract contains a written verification from the company
that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
contract. The terms “boycott Israel” and “company” shall have the meanings ascribed to
those terms in Section 808.001 of the Texas Government Code. By signing this
agreement, Engineer certifies that Engineer’s signature provides written
verification to the City that Engineer: (1) does not boycott Israel; and (2) will not
boycott Israel during the term of the agreement. Failure to meet or maintain the
requirements under this provision will be considered a material breach.
M. Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or
a Foreign Terrorist Organization
Sections 2252 and 2270 of the Texas Government Code restricts CITY from contracting
with companies that do business with Iran, Sudan, or a foreign terrorist organization.
By signing this agreement, Engineer certifies that Engineer’s signature provides
written verification to the City that Engineer, pursuant to Chapters 2252 and 2270,
is not ineligible to enter into this agreement and will not become ineligible to
receive payments under this agreement by doing business with Iran, Sudan, or a
foreign terrorist organization. Failure to meet or maintain the requirements under this
provision will be considered a material breach.
N. Prohibition on Contracts with Companies Boycotting Certain Energy
Companies
Engineer acknowledges that in accordance with Chapter 2274 of the Texas
Government Code, City is prohibited from entering into a contract with a company for
goods or services unless the contract contains written verification from the company
that it (1) does not boycott energy companies; and (2) will not boycott energy
companies during the term of the contract. The terms “boycott energy company” and
DocuSign Envelope ID: 98B607C9-D2A1-4F3A-80AA-8C893EF1A5B8
City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 17 of 19
“company” shall have the meanings ascribed to those terms in Section 809.001 of the
Texas Government Code. By signing this agreement, Engineer certifies that
Engineer’s signature provides written verification to the City that Engineer: (1)
does not boycott energy companies; and (2) will not boycott energy companies
during the term of the agreement. Failure to meet or maintain the requirements
under this provision will be considered a material breach.
O. Prohibition on Contracts with Companies Boycotting Certain Firearm Entities
and Firearm Trade Associations
Engineer acknowledges that in accordance with Chapter 2274 of the Texas
Government Code, City is prohibited from entering into a contract with a company for
goods or services unless the contract contains written verification from the company
that it (1) does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and (2) will not discriminate during
the term of the contract against a firearm entity or firearm trade association. The terms
“discriminate against a firearm entity or firearm trade association,” “firearm entity” and
“firearm trade association” shall have the meanings ascribed to those terms in Chapter
2274 of the Texas Government Code. By signing this agreement, Engineer certifies
that Engineer’s signature provides written verification to the City that Engineer:
(1) does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and (2) will not discriminate
during the term of the contract against a firearm entity or firearm trade
association. Failure to meet or maintain the requirements under this provision will be
considered a material breach.
P. Termination Right for Contracts with Companies Doing Business with Certain
Foreign-Owned Companies
The City of Denton may terminate this Contract immediately without any further liability
if the City of Denton determines, in its sole judgment, that this Contract meets the
requirements under Chapter 2274, and Engineer is, or will be in the future, (i) owned by
or the majority of stock or other ownership interest of the company is held or controlled
by individuals who are citizens of China, Iran, North Korea, Russia, or other designated
country (ii) directly controlled by the Government of China, Iran, North Korea, Russia, or
other designated country, or (iii) is headquartered in China, Iran, North Korea, Russia,
or other designated country.
Q. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS
No officer, employee, independent consultant, or elected official of the City who is
involved in the development, evaluation, or decision-making process of the performance
of any solicitation shall have a financial interest, direct or indirect, in the Contract
resulting from that solicitation as defined in the City’s Ethic Ordinance 18-757 and in the
City Charter chapter 2 article XI(Ethics). Any willful violation of this section shall
constitute impropriety in office, and any officer or employee guilty thereof shall be
DocuSign Envelope ID: 98B607C9-D2A1-4F3A-80AA-8C893EF1A5B8
City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 18 of 19
subject to disciplinary action up to and including dismissal. Any violation of this
provision, with the knowledge, expressed or implied, of the Contractor shall render the
Contract voidable by the City. The Contractor shall complete and submit the City’s
Conflict of Interest Questionnaire.
R. Agreement Documents
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, which supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. This AGREEMENT may be
executed in one or more counterparts and each counterpart shall, for all purposes, be
deemed an original, but all such counterparts shall together constitute but one and the
same instrument. The following attachments are hereby made a part of this
AGREEMENT:
Attachment A – DME Inlet Cooling Project: Scope of Work, Cost Estimate, Billing
Rates and Expense Schedule
These documents make up the AGREEMENT documents and what is called for by one
shall be as binding as if called for by all. In the event of an inconsistency or conflict in
any of the provisions of the AGREEMENT documents, the inconsistency or conflict shall
be resolved by giving precedence first to the written AGREEMENT then to the
AGREEMENT documents in the order in which they are listed above.
The parties agree to transact business electronically. Any statutory requirements that
certain terms be in writing will be satisfied using electronic documents and signing.
Electronic signing of this document will be deemed an original for all legal purposes.
Duly executed by each party’s designated representative to be effective on
_____________________________.
BY:
CITY OF DENTON, TEXAS
BY:
ENGINEER
Christa Christian, CPPB
City of Denton
Black & Veatch Corporation
Name: Christopher C. Hueste_____
Title:_Associate Vice President_____
DocuSign Envelope ID: 98B607C9-D2A1-4F3A-80AA-8C893EF1A5B8
02/02/2024
City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 3/22/22 Page 19 of 19
_______________________
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
_________________________
Signature
_________________________
Title
_________________________
Department
Date Signed: ______________
DocuSign Envelope ID: 98B607C9-D2A1-4F3A-80AA-8C893EF1A5B8
Electric Engineering Supervisor
2/2/2024
DME Engineering
v
PROPRIETARY & CONFIDENTIAL
Proposal for
Inlet Cooling
Evaluation
Denton Municipal Electric
RFP #O-00358829 | November 17, 2023
DocuSign Envelope ID: 98B607C9-D2A1-4F3A-80AA-8C893EF1A5B8Attachment A
PROPRIETARY & CONFIDENTIAL
Black & Veatch Corporation
166 Century Ct., Suite 300, College Station, TX 77840
P +1 979-314-2248 E HuesteCC@bv.com
November 16, 2023
Terrance P. Naulty Black & Veatch Prospect No. O-00358829
Assistant General Manager
Denton Municipal Electric
Email: Terrance.Naulty@cityofdenton.com
Subject: Black & Veatch Proposal for Denton Energy Center Inlet Cooling Evaluation
Dear Mr. Naulty:
Black & Veatch is pleased to submit this proposal to Denton Municipal Electrical (DME) to provide support
for the Inlet Cooling Evaluation project. We understand you are seeking to evaluate inlet cooling on the 12
units at the Denton Energy Center to identify a return on investment to add a cooling system on the units.
Black & Veatch proposes to support this effort as described below.
Project Approach
The following describes the methodology that Black & Veatch will use to complete the project scope.
Denton Energy Center is experiencing a capacity derate at high ambient temperatures. The capacity derate
is causing significant financial liability to DME. DME has requested Black & Veatch evaluate installing inlet
air cooling to the 12x Wartsila 18V50SG engine intake air systems with the objective of maintaining rated
output at ambient air temperatures up to 110° F.
Black & Veatch will assist DME with determining if it is financially advantageous to maintain rated output of
the units at high temperatures by performing the following tasks:
Task 1: Kickoff Meeting
Black & Veatch will host a kickoff call via Teams. The purpose of the kickoff call will be to introduce team
members assigned to the project, discuss the background of the project, and review DME goals and
objectives for the project. Project communication protocols will also be discussed during the kickoff call.
Task 2: Determine Project Needs
Black & Veatch will work with the equipment OEM or review available equipment design drawings to
determine maximum permissible temperatures at the intake air system inlet and radiator air inlet. Black &
Veatch will also work with plant engineering to obtain relevant plant historian data at or near the derate
inflection point (mentioned to be 102° F) as well as at or near the uprate design goal of 110° F. Cooling
loads will then be estimated using OEM data on the intake air flow rate and, if applicable, cooling loop flow
rate and coolant composition.
Task 3: Solicit Budgetary Equipment Bids
Using the process data estimated in Task 2 as well as preparing hand-marked sketch(s) on available plant
drawings, Black & Veatch will solicit informal bids from at least one adiabatic cooling system supplier.
DocuSign Envelope ID: 98B607C9-D2A1-4F3A-80AA-8C893EF1A5B8
Denton Energy Center – Inlet Cooling Evaluation | Page 3
Task 4: Capital Cost Estimate
Black & Veatch engineers and cost estimators will develop an order-of-magnitude capital cost estimate for
the project. The estimate will be factored based on the adiabatic cooling system budget price and nominal
estimates for interconnecting piping and electrical connections. No detailed engineering will be performed
at this time.
Task 5: Operations & Maintenance Cost Estimates
Black & Veatch O&M specialists will develop an order-of-magnitude O&M cost estimate for the plant retrofit
equipment additions based on general guidance from the cooling system supplier, consumables, electricity
use, and standard in-house O&M factors.
Task 6 – Letter Report for DME Review and Records
Black & Veatch will prepare a short report providing project background, DME goals and objectives,
methodology, and findings. The report format will loosely follow the scope of work format outlined above. A
draft report will be presented to DME for review. After resolving any DME comments, a final report will be
issued for DME records.
Schedule
Black & Veatch proposes to perform the scope of work outlined in this proposal according to the following
milestones.
MILESTONE DATE
Kickoff meeting Within one (1) week of signed contract
Draft Report Within seven (7) weeks of signed contract
Client Review Period One (1) week
Final Report Within nine (9) weeks of signed contract
1 2 3 4 5 6 7 8 9
START
Task 1 - Kickoff Meeting
Task 2 - Determine Process Needs
Task 3 - Solicit Budgetary Equipment Bids
Task 4 - Capital Cost Estimate
Task 5 - Operations & Maintenance Cost Estimates
Task 6 - Draft Report
Client Review
Final Report
DocuSign Envelope ID: 98B607C9-D2A1-4F3A-80AA-8C893EF1A5B8
Denton Energy Center – Inlet Cooling Evaluation | Page 4
Additional schedule milestones for option items can be developed when selected and mutually agreed
upon between DME and Black & Veatch.
Project Team
The following key project personnel will provide key contributions to the overall success of this project. We
have selected this team in part because of their experience performing similar services for projects of
similar capacity, this direct experience will enhance the contributions of our project team and create
additional value for DME.
Key Team Professionals’ Experience Summaries
The following capability summaries for members of our project team outline how their current capabilities
and previous experience will be an asset to this project. These professionals are committed to the
successful completion of this assignment and will be a key factor to meeting your goals and objectives.
Project Manager, Steven Baker
Steven A. Baker is a Project Manager within Black & Veatch’s Power Generation Services business in San
Antonio, Texas. Steven manages engineering services projects related to all facets of existing plant
betterment and retrofit. Recent projects include leading a team of multi-discipline engineers to perform
power generating facilities conceptual and detailed design, specification development, equipment and
construction procurement, project cost estimating, contract administration, and construction support. He is
dedicated to providing project solutions that aid Black & Veatch’s clients in meeting their goals. Steven has
17 years’ experience specializing in Power Generation Services projects.
Thermal Performance Lead/ Engineering Manager, Brian Reinhart
Brian Reinhart is a Thermal Performance Engineer within Black & Veatch's Energy & Process Industries
sector. A registered professional engineer in mechanical engineering, Brian’s career progression has
included power plant design engineer, field engineer supporting client asset management activities, lead
thermodynamic cycle design engineer, lead mechanical equipment procurement engineer, lead technical
support engineer for plant permitting, study manager, and project manager. Brian has experience in air
quality control retrofit, unit additions, plant improvements / rebuilds, long-term energy storage and solar PV.
Brian leverages his unique blend of detailed design, EPC proposal, and system planning experience to lead
and support project development efforts for power generation technologies. Brian is also focused on
helping clients understand the risk, process capability, economic viability, and barriers to commercialization
for emerging technologies and application of proven technologies for novel solutions.
Lead Estimator, Chad Taylor
Chad Taylor is a respected construction professional with 18 years of outstanding dedication and
commitment to satisfying project cost, budget, and scheduling constraints while maintaining or exceeding
project safety and quality expectations. Chad seeks to establish positive working relationships and effective
communication with co-workers, clients, engineers, construction personnel, subcontractors, and vendors.
He is committed to, and clearly advocates for, personal and team integrity and conducting business in a fair
and ethical manner. Chad is a problem solver who strives for continuous improvements in project
efficiency and optimization of productivity.
DocuSign Envelope ID: 98B607C9-D2A1-4F3A-80AA-8C893EF1A5B8
Denton Energy Center – Inlet Cooling Evaluation | Page 5
O&M Specialist, Brad Saad
Brad is an Operations and Maintenance (O&M) Consultant within Black & Veatch’s power business. He has
more than 44 years of experience in the electric power plant industry and a strong background in outage
management, reliability engineering, predictive maintenance, project management, boiler maintenance, and
combined cycle gas turbine (CCGT) power plants. Brad has experience with construction, startup,
maintenance, and operation of large scale circulating fluidized bed (CFB) utility boilers, and is
knowledgeable in the broad area of power plant boilers, gas turbines (GTs) and steam turbines (STs), and
balance-of-plant (BOP) equipment.
The resumes of our key project professionals can be provided upon request.
Commercial Information
Pricing
The services will be performed on a time and material basis according to the 2023 Billing Rates and
Expense Schedule included in as Enclosure A for reference.
Black & Veatch will provide the services defined in this proposal on a Time and Material (T&M) basis for an
estimated price of $41,000. This amount will not be exceeded without prior authorization from (DME).
Black & Veatch’s price is exclusive of all travel expenses. These expenses will be billed at cost to the client.
Terms & Conditions
Black & Veatch proposes to perform the scope of work outlined in this proposal under the terms and
conditions of the existing Professional Services Agreement for Substation Design and General Services -
PSA 8031-001 - Standard Agreement for Engineering Related Professional Services dated May 16, 2023.
Black & Veatch appreciates the opportunity to prepare this proposal, and we look forward to working
together with DME on this important project. If you have any questions or require any additional
information, please contact Steven Baker (Tel: 713-275-2843, email: bakersa@bv.com) or me (Tel: +979-
314-2248, email: huestecc@bv.com).
Very truly yours,
Black & Veatch Corporation
Christopher C. Hueste
Project Director
Enclosure(s)
Enclosure A – 2023 Billing Rates and Expense Schedule
DocuSign Envelope ID: 98B607C9-D2A1-4F3A-80AA-8C893EF1A5B8
Denton Energy Center – Inlet Cooling Evaluation | Page 6
Enclosure A. 2023 Billing Rates and
Expense Schedule
DocuSign Envelope ID: 98B607C9-D2A1-4F3A-80AA-8C893EF1A5B8
ADO -- Administrative Services 01 $56.02
02 $61.24
03 $62.60
04 $71.50
05 $79.84
06 $96.23
07 $118.34
CNS -- Construction Services 01 $91.48
02 $94.38
03 $116.41
04 $132.21
05 $148.48
06 $177.32
07 $200.65
08 $220.44
09 $241.66
10 $284.81
11 $323.09
12 $388.73
ENG -- Engineering 127 $105.71
Engineering design, analysis, and management. Includes departmental and project assignments including engineering 128 $114.38
129 $130.58
130 $145.62
131 $172.36
132 $203.58
133 $244.39
134 $268.67
135 $262.35
136 $286.56
ENS -- Engineering Specialist 127 $80.00
128 $98.87
129 $111.02
130 $134.14
131 $156.24
132 $189.14
133 $217.03
134 $278.98
ENT -- Engineering Technician 125 $70.36
126 $79.88
127 $90.05
128 $101.09
129 $113.33
130 $133.58
131 $159.74
132 $189.00
133 $232.76
134 $226.48
EST -- Estimating 01 $91.26
02 $107.22
03 $104.85
04 $144.26
05 $165.01
06 $205.81
07 $253.27
08 $347.56
09 $317.00
Professionals who provide expertise and project support for engineering and other types of projects.
Office support including clerical and secretarial.
Home Office Consulting Engineering Services
Professionals who assess the cost related to projects to assist with the preparation of proposals.
Technical designers and drafters.
Construction service functions, including construction management, construction support, resident engineering, and
project review.
Salary Plan/Description/Grade/Hourly Billing Rate ($USD)
CONFIDENTIAL Note 2
Black & Veatch
Billing Rates and Expense Schedule
for
Calendar Year 2023
HOURLY BILLING RATES (see Client Billings and Notes)
Page 1 2/27/2023
2023 Home Office Rates - File:13.50
Copyright Black & Veatch 2023.
All Rights Reserved.
City of Denton / DME
DocuSign Envelope ID: 98B607C9-D2A1-4F3A-80AA-8C893EF1A5B8
Home Office Consulting Engineering Services
Salary Plan/Description/Grade/Hourly Billing Rate ($USD)
CONFIDENTIAL Note 2
Black & Veatch
Billing Rates and Expense Schedule
for
Calendar Year 2023
HOURLY BILLING RATES (see Client Billings and Notes)
FIN -- Finance 01 $58.97
02 $69.86
03 $107.52
04 $114.99
05 $126.51
06 $142.37
07 $160.25
08 $210.59
PCR -- Procurement 01 $77.17
02 $88.98
03 $111.39
04 $128.80
05 $153.24
06 $193.40
07 $219.64
08 $265.10
09 $298.06
PJC -- Project Controls 01 $92.14
02 $108.98
03 $130.83
04 $147.22
05 $176.60
06 $197.30
07 $249.68
08 $280.80
09 $315.83
PMT -- Project Management 01 $206.60
02 $234.97
03 $269.43
04 $283.77
05 $309.25
06 $316.31
07 $350.64
08 $409.50
SPC -- Specialized Staff 01 $73.71
02 $82.83
03 $107.44
04 $126.57
05 $137.12
06 $154.49
07 $214.85
08 $227.67
09 $259.43
CST - Consulting 01 $225.00
02 $285.00
03 $345.00
04 $395.00
05 $415.00
06 $435.00
07 $445.00
Professionals who provide strategic consulting services with respect to planning, management, market assessment, and
other specialty consulting services.
Specialist staff who provide quality analysis/quality control, business analysis and related services.
Project managers and project directors.
Professionals who track the cost associated with a project and perform planning and scheduling functions related to
projects.
Professionals who secure and administer the purchase of goods, commodities, and services.
Project accounting, financial reporting, planning & analysis, accounting operations, and tax.
Page 2 2/27/2023
2023 Home Office Rates - File:13.50
Copyright Black & Veatch 2023.
All Rights Reserved.
City of Denton / DME
DocuSign Envelope ID: 98B607C9-D2A1-4F3A-80AA-8C893EF1A5B8
Home Office Consulting Engineering Services
Salary Plan/Description/Grade/Hourly Billing Rate ($USD)
CONFIDENTIAL Note 2
Black & Veatch
Billing Rates and Expense Schedule
for
Calendar Year 2023
HOURLY BILLING RATES (see Client Billings and Notes)
2. This Rate Sheet contains information that may be privileged, confidential and exempt from disclosure under applicable law. Any unauthorized
disclosure, copying, or distribution of this document or any of its contents is prohibited.
4. Cost of 3rd party services and for non-customary office costs such as production printing will be billed at actual cost plus 12%.
5. Field assignments of longer than 60 days will be billed as actual hours charged to this project by Black & Veatch personnel in accordance with the
rate sheet plus uplift as determined by current field services policy. Expenses for field assignments can be per diem, actual expenses, or a combination
of both as specific to the assignment.
2. Typical and customary home office expenses, including computer related expenses (network server charges, PC usage charges, software and design
application charges, printing, plotting, and server storage), reprographic services, document production, fax, telephone, postage/courier, etc. will be
billed at a rate of $8.00 per hour of direct billed labor.
3. Expenses for travel and lodging will be billed at actual cost. These expenses include cost such as air-fare, personal mileage, lodging, meals, motor
vehicles rental, telephone, special rental equipment, etc.
1. Billing rates are subject to annual adjustment on each January 1.
7. Any other professionals not specifically identified above will be placed in the most appropriate category above based on function and experience.
Client Billings: Client shall pay to Engineer for the performance of the Services the sum of the following amounts unless the compensation is
otherwise stated in the specific task assignment.
1. Labor cost will be billed as actual hours charged to this project by Black & Veatch personnel and in accordance with the rates above.
Notes:
6. Overtime applies only to non-exempt personnel as defined by the US Federal Wage and Hour Law. Overtime will be billed as actual hours charged
to this project by Black & Veatch personnel in accordance with the rate sheet plus 50%.
Page 3 2/27/2023
2023 Home Office Rates - File:13.50
Copyright Black & Veatch 2023.
All Rights Reserved.
City of Denton / DME
DocuSign Envelope ID: 98B607C9-D2A1-4F3A-80AA-8C893EF1A5B8
Certificate Of Completion
Envelope Id: 98B607C9D2A14F3A80AA8C893EF1A5B8 Status: Completed
Subject: ***Purchasing Approval*** 8031-005 DEC Inlet Cooling Project
Source Envelope:
Document Pages: 29 Signatures: 3 Envelope Originator:
Certificate Pages: 5 Initials: 0 Christa Christian
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
Christa.Christian@cityofdenton.com
IP Address: 198.49.140.10
Record Tracking
Status: Original
1/30/2024 9:54:16 AM
Holder: Christa Christian
Christa.Christian@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Christa Christian
christa.christian@cityofdenton.com
Purchasing Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 1/30/2024 9:56:24 AM
Viewed: 1/30/2024 9:56:34 AM
Signed: 1/30/2024 9:56:46 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Christopher C. Hueste
HuesteCC@BV.com
Associate Vice President
Black & Veatch Corporation
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 47.218.196.158
Sent: 1/30/2024 9:56:49 AM
Viewed: 1/30/2024 10:58:27 AM
Signed: 1/30/2024 11:02:57 AM
Electronic Record and Signature Disclosure:
Accepted: 1/30/2024 10:58:27 AM
ID: 190497e0-ffa3-4b11-96e6-f576fd284715
Mark Zimmerer
mark.zimmerer@cityofdenton.com
Electric Engineering Supervisor
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 1/30/2024 11:03:00 AM
Resent: 1/31/2024 11:20:17 AM
Viewed: 2/2/2024 3:38:41 PM
Signed: 2/2/2024 3:39:01 PM
Electronic Record and Signature Disclosure:
Accepted: 2/2/2024 3:38:41 PM
ID: 23dcedcc-aa43-4808-b17c-49e8dce725bc
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.104
Sent: 2/2/2024 3:39:04 PM
Viewed: 2/2/2024 3:50:54 PM
Signed: 2/2/2024 3:51:06 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 1/30/2024 9:56:24 AM
Certified Delivered Security Checked 2/2/2024 3:50:54 PM
Signing Complete Security Checked 2/2/2024 3:51:06 PM
Completed Security Checked 2/2/2024 3:51:06 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Denton (we, us or Company) may be required by law to provide to
you certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through your DocuSign, Inc.
(DocuSign) Express user account. Please read the information below carefully and thoroughly,
and if you can access this information electronically to your satisfaction and agree to these terms
and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of
this document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. For such copies, as long as you are an authorized user of the
DocuSign system you will have the ability to download and print any documents we send to you
through your DocuSign user account for a limited period of time (usually 30 days) after such
documents are first sent to you. After such time, if you wish for us to send you paper copies of
any such documents from our office to you, you will be charged a $0.00 per-page fee. You may
request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your
DocuSign account. This will indicate to us that you have withdrawn your consent to receive
required notices and disclosures electronically from us and you will no longer be able to use your
DocuSign Express user account to receive required notices and consents electronically from us
or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Christopher C. Hueste, Mark Zimmerer
How to contact City of Denton:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: purchasing@cityofdenton.com
To advise City of Denton of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com
and in the body of such request you must state: your previous e-mail address, your new e-mail
address. We do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper copies from City of Denton
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in
the body of such request you must state your e-mail address, full name, US Postal address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Denton
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you
must state your e-mail, full name, IS Postal Address, telephone number, and account
number. We do not need any other information from you to withdraw consent.. The
consequences of your withdrawing consent for online documents will be that transactions
may take a longer time to process..
Required hardware and software
Operating Systems: Windows2000? or WindowsXP?
Browsers (for SENDERS): Internet Explorer 6.0? or above
Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0,
NetScape 7.2 (or above)
Email: Access to a valid email account
Screen Resolution: 800 x 600 minimum
Enabled Security Settings:
•Allow per session cookies
•Users accessing the internet behind a Proxy
Server must enable HTTP 1.1 settings via
proxy connection
** These minimum requirements are subject to change. If these requirements change, we will
provide you with an email message at the email address we have on file for you at that time
providing you with the revised hardware and software requirements, at which time you will
have the right to withdraw your consent.
Acknowledging your access and consent to receive materials electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please verify that you
were able to read this electronic disclosure and that you also were able to print on paper or
electronically save this page for your future reference and access or that you were able to
e-mail this disclosure and consent to an address where you will be able to print on paper or
save it for your future reference and access. Further, if you consent to receiving notices and
disclosures exclusively in electronic format on the terms and conditions described above,
please let us know by clicking the 'I agree' button below.
By checking the 'I Agree' box, I confirm that:
• I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
• I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
• Until or unless I notify City of Denton as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by City of Denton during the course of my relationship with you.