Loading...
HomeMy WebLinkAbout2001-142ORDINANCE NO Oa 0/- /4a AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC FOR ENGINEERING AND RELATED SERVICES PERTAINING TO APPROVED ELECTRICAL POWER SYSTEM PROJECTS FOR DENTON MUNICIPAL ELECTRIC, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council deems it in the public interest to engage the firm of Burns & McDonnell Engineering Company, Inc, a Missouri Corporation, of Kansas City, Missouri ("B&M"), to provide professional engineering and related services pertaining to approved electrical power system projects for Denton Municipal Electric, and WHEREAS, the City staff has reported to the City Council that there is a substantial need for the above -described professional services, and that limited City staff cannot adequately perform the services and tasks with its own personnel, and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act", generally provides that a City may not select a provider of professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the professional services, as set forth in the Professional Services Agreement, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Manager is hereby authorized to execute a Professional Services Agreement with Bums & McDonnell Engineering Company, Inc, of Kansas City, Missouri, for professional engineering and related services pertaining to approved electrical power system projects for Denton Municipal Electric, in substantially the form of the Professional Services Agreement attached hereto and incorporated herewith by reference SECTION 2 That the award of this Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of B&M and the ability of B&M to perform the professional services needed by the City for a fair and reasonable price SECTION 3 That the expenditure of funds as provided in the attached Professional Services Agreement is hereby authorized SECTION 4 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the Jl� day of , 'Ltd 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By z&" AI'l, /')" APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our DocumentAOrdmances\01\Eums & McDonnell Engmeenng Co PSA-DME doc G; STATE OF TEXAS § COUNTY OF DENTON § PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES AND RELATED SERVICES PERTAINING TO APPROVED ELECTRICAL POWER SYSTEM PROJECTS FOR DENTON MUNICIPAL ELECTRIC THIS AGREEMENT is made and entered into on the 2Adday of 2001, by and between the City of Denton, Texas, a Texas Municipal Corporation, with its pnncipal office at 215 East McKinney Street, Denton, Texas 76201 (hereinafter "OWNER"), and Burns & McDonnell Engineering Company, Inc, a Missouri Corporation, with its offices at 9400 Ward Parkway, Kansas City, Missouri 64114-3319 (hereinafter "CONSULTANT"), the parties acting herein, by and through their respective duly-authonzed representatives and officers WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually AGREE as follows ARTTCLE T EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the Articles to follow, with diligence and in accordance with the professional standards customarily obtained for such services in the State of Texas The professional services set forth herein are in connection with the following described project (the "Project') Professional engineering and other related services pertaimng to electrical power system relay protection and control design support for approved Capital Improvement Projects for a one-year term on a non-exclusive, as -needed basis, as requested by Denton Municipal Electric ("DME") ARTTCT.F. IT SCOPE OF SERVICES The CONSULTANT shall perform the following basic services in a professional manner A CONSULTANT shall perform all those services as are necessary and as described in the letter from Steve Coleman, P E , Project Manager, T & D Division of CONSULTANT to Chuck Sears, Engineering Administrator, DME, dated February 5, 2001 which constitutes a proposal to the City of Denton and which is attached as Exhibit "A" and is incorporated herewith by reference B If there is any conflict that arises between the terms of this Agreement and the Exhibit attached to this Agreement, then the terms and conditions of this Agreement shall control over the terms and conditions of the attached Exhibit S \Our Wcuni w\C ntraol 010ume k WM'mll ElmWul Power Svn PSA 2001 DW MuM2 da 1 0M ARTICLE III OPINIONS OF PROBABLE COSTS Opinions of probable costs prepared by CONSULTANT relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, and operating results are based on CONSULTANT'S experience, qualifications and judgment as a design professional Since CONSULTANT has no control over weather, cost and availability of labor, material and equipment, labor productivity, construction contractor's procedures and methods, unavoidable delays, construction contractor's method of determining prices, economic conditions, competitive bidding or market conditions and other factors affecting such opinions of probable cost, CONSULTANT does not guarantee that actual rates, costs, performance, schedules, etc, will not vary from opinions of probable costs prepared by CONSULTANT ARTICLE IV ADDITIONAL SERVICES Any additional services to be performed by the CONSULTANT, if authorized by the OWNER, which are not included as Basic Services in the above -described Scope of Services, set forth as provided by Article II heremabove, shall be later agreed -upon by OWNER and CONSULTANT, who shall determine, in writing, the scope of such additional services, the amount of compensation for such additional services, and other essential terms pertaining to the provision of such additional service by the CONSULTANT ARTICIE V PERIOD OF SERVICE A This Agreement provides for a one-year term This Agreement shall become effective upon its execution by the OWNER and the CONSULTANT, and services shall be provided hereunder upon the issuance of a notice to proceed by the OWNER This Agreement shall remain in force for the period that may reasonably be required for the completion of the Project activities, including Additional Services, if any, and any required extensions approved by the OWNER This Agreement may be sooner terminated in accordance with the provisions hereof Time is a material consideration of this Agreement CONSULTANT shall make all reasonable efforts to complete the services set forth herem as expeditiously as possible and to meet the schedule reasonably established by the OWNER, acting through its Director of Electric Utilities or her designee CONSULTANT and OWNER further agree that the terms of this Agreement may be extended by OWNER for an additional one-year term upon the completion of the term of this Agreement at CONSULTANT'S then prevailing year 2001 standard billing rates charged to municipal governments, by a written amendment to this Agreement approved by the duly-authonzed officers and representatives of the OWNER and CONSULTANT 5 Wve Dacumam��Conuwle\OI�Bvmoh MOWroe1181aWccl Powa Bwc PSA 30UI DM8D 02E 2 ARTICLE VT COMPENSATION A COMPENSATION TERMS 1 "Direct Non -Labor Expense" is defined as that expense [other than "per diem" expense], based upon actual cost plus 10%, for any out-of-pocket expense reasonably incurred by the CONSULTANT related to its performance of this Agreement for long distance telephone charges, telecopy charges, messenger services, printing and reproduction expenses, out-of-pocket expenses for purchased computer time, prudently incurred travel expenses related to the work on the Project, and similar incidental expenses incurred in connection with the Project B BILLING AND PAYMENT For and in consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay CONSULTANT, based upon the satisfactory completion of the Basic Services tasks set forth in the Scope of Services as shown in Article II above, as follows 1 CONSULTANT shall perform its work on this Project on an hourly fee basis, plus reimbursement for all reasonably incurred out-of-pocket expenses, billed monthly CONSULTANT shall bill from time sheets, in min man one half (1/2) hour increments of tune, at the rates set forth in CONSULTANT'S "Proposal to City of Denton" a four (4) page document, dated February 5, 2001, from CONSULTANT to OWNER respecting the scope of services and the compensation and expense price structure, which is attached hereto as Exhibit "A" and which is incorporated herewith by reference OWNER shall pay to CONSULTANT for its professional services performed, and for its out -of pocket expenses incurred in the Project, a total amount not to exceed $120,000 00 2 Partial payments to the CONSULTANT will be made monthly based on the percent of actual completion of the Basic Services, rendered to and approved by the OWNER through its Director of Electric Utilities or her designee However, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered 3 Nothing contained in this Article shall require the OWNER to pay for any work that is not submitted in compliance with the terms of this Agreement OWNER shall not be required to make any payments to CONSULTANT at any time when CONSULTANT is in default under this Agreement 4 It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense or reimbursement above the not -to -exceed amount as stated heremabove, without first having obtained the prior written authorization from the OWNER CONSULTANT shall not proceed to perform any services to be later provided for under Article IV "Additional Services" without first obtaining prior written authorization from the OWNER S Wm umow, nmwu J�& McNnnell Elanwul Powa SKI PSA]001 DME MaW&1 3 C ADDITIONAL SERVICES For additional services authorized in writing by the OWNER in Article IV heremabove, CONSULTANT shall be paid based on a to -be -agreed -upon Schedule of Charges Payments for additional services shall be due and payable upon submission by the CONSULTANT, and shall be in accordance with Article VI B hereinabove Statements for Basic Services and any Additional Services shall be submitted to OWNER no more frequently than once monthly D PAYMENT If the OWNER fails to make payments due the CONSULTANT for services and expenses within forty-five (45) days after receipt of the CONSULTANT's undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1D/D) per month from and after the said forty-fifth (45th) day, and in addition, thereafter, the CONSULTANT may, after giving ten (10) days written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full for all amounts then due and owing, and not disputed by OWNER, for services, expenses and charges Provided, however, nothing herein shall require the OWNER to pay the late charge of one percent (1%) per month as set forth herein, if the OWNER reasonably determines that the CONSULTANT's work is not submitted in accordance with the terms of this Agreement, in accordance with Article VI B of this Agreement, and OWNER has notified CONSULTANT of that fact in writing E MODIFICATION OF SERVICES In the event and to the extent that an act or omission of OWNER, or any error or change in OWNER -provided information, or change in law, or event of force majeure affects the services or increases CONSULTANT'S costs, CONSULTANT shall be entitled to a change to the services and an equitable adjustment in the compensation, as appropriate CONSULTANT shall propose such changes in services and any equitable adjustment in compensation in writing, and OWNER shall accept or dispute such proposal in writing within fifteen days of receipt of CONSULTANT'S proposal ARTTCI E VTT OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of CONSULTANT ARTWI R VTTT OWNERSHIP OF DOCUMENTS All original documents prepared or fiumshed by the CONSULTANT pursuant to this Agreement are instruments of service and shall become the property of the OWNER upon the termination of this Agreement The CONSULTANT is entitled to retain copies of all such documents The documents prepared and furnished by the CONSULTANT are intended only to be applicable to this project and OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense In the event the OWNER uses the Agreement in another project or for other purposes than specified herein any of the information or materials developed pursuant to this agreement, CONSULTANT is released from any and all liability relating to their use in that project 8 OurD ummlu\Cgnva"[1B h MCDamdl EINWeul hwa Svnn PSA 2W] DME D&W E 4 ow CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER CONSULTANT shall not have or claim any right ansmg from employee status ARTICLE. X INDEMNITY AGREEMENT A The CONSULTANT shall indemnify and save and hold harmless the OWNER and its officials, officers, agents, attorneys and employees from and against any and all liability, claims, demands, damages, losses and expenses, including but not limited to court costs and reasonable attorney fees incurred by the OWNER, and including without limitation damages for bodily and personal injury, death, or property damage, resulting from the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents, attorneys and employees in the execution, operation, or performance of this Agreement B Nothing in this Agreement shall be construed to create a liability to any person who is not a party to tins Agreement and nothing herein shall waive any of the party's defenses, both at law or equity, to any claim, cause of action or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved C Provided however, in no event shall CONSULTANT'S total liability under this Agreement in the aggregate, exceed $1,000,000 D In no event will CONSULTANT be liable for any special, indirect or consequential damages including, without limitation, damages or losses in the nature of increased project costs, loss of revenue and profit, lost production, claims by customers of OWNER, or governmental fines or penalties During the performance of the Services under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Board or any successor agency, that has a rating with A M Best Rate Carvers of at least an "A-" or above A Commercial General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate B Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident and with property damage limits for not less than $100,000 for each accident Sr or umnt�n4a"J1Bumuk McDonnell Blxuiu.l Powm Sws PSA 2001 DMB Or W G 5 4%C C Worker's Compensation Insurance in accordance with statutory requirements, and Employer's Liability Insurance with limits of not less than $100,000 for each accident D Professional Liability Insurance and/or Errors & Omissions Insurance with limits of not less than $500,000 annual aggregate E CONSULTANT shall furmsh insurance certificates to OWNER to evidence such coverages The insurance certificates shall name the OWNER as an additional insured on all such policies, to the extent that is legally possible, and shall contain a provision that such insurance shall not be cancelled or modified without thirty (30) days prior written notice to OWNER and CONSULTANT In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation of coverage, deliver copies of certificates, furiuslung at least the same policy limits and coverage, to OWNER ARTICLE XII ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under tlus Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution such as mediation No arbitration or alternate dispute resolution ansmg out of or relating to, this Agreement involving one party's disagreement may include the other party to the disagreement without the other's approval ARTICLE XIII TERMINATION OF AGREEMENT A Notwithstanding any other provision of this Agreement, either party may terminate this Agreement by providing thirty (30) days advance written notice to the other party B This Agreement may alternatively be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement No such termination will be effected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the nonperformance or other reason(s), and not less than thirty (30) calendar days to cure the failure, and (2) an opportunity for consultation with the terminating party prior to termination C If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services upon receipt of the written notice of termination from OWNER, and shall render a final bill for services to the OWNER within twenty (20) days after the date of termination The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed, and for reimbursable expenses prior to notice of termination being received by CONSULTANT, in accordance with Article VI of tlus Agreement Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information to the OWNER and to the new consultant If applicable, OWNER shall allow CONSULTANT a reasonable time to transition and to turn over the Project to a new consultant CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of S IDur DocwnenuMnOvxW011Bume& WMAnell MMW06 Powc MR PSA 201 DW D R#2d termination, but may maintain copies of such documents for its files ARTICLE XIV RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval of the work by the OWNER shall not constitute nor be deemed a release of the responsibility and liability of the CONSULTANT, its officers, employees, or agents, for the accuracy and competency of their work performed pursuant to this Agreement, nor shall such approval by the OWNER be deemed as an assumption of such responsibility by the OWNER for any defect in the work prepared by the CONSULTANT, its principals, officers, employees, and agents ARTICLE XV NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered to, or telecopied to, or mailed to the respective parties by depositing same in the United States mail at the addresses shown below, postage prepaid, certified mail, return receipt requested, unless otherwise specified herein To CONSULTANT Burns & McDonnell Steve Coleman, P E , Project Manager 9400 Ward Parkway Kansas City, Missouri 64114-3319 Fax (816) 333-3690 I- ffaeltaau City of Denton, Texas City Manager 215 East McKinney Denton, Texas 76201 Fax (940)349-8596 All notices provided under this Agreement shall be effective upon their actual receipt by the party to whom such notice is given, or three (3) days after mailing of the notice, whichever event shall first occur _ : • o :av � r This Agreement consisting of eleven (11) pages and one (1) Exhibit constitutes the complete and final expression of the Agreement of the parties and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, understandings, and agreements which may have been made in connection with the subject matter of this Agreement ARTICLE XVII SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement, and shall not cause the remainder to be invalid or unenforceable In such event, the parties shall reform tlus Agreement, to the extent reasonably possible, to replace such stricken provision with a S Wue Numenk\CpMx"JO vms 6 MvOonuvll Cle .l Powu Sws PSA 2NI DM0 WftX3 don 7 0 valid and enforceable provision which comes as close as possible to expressing the original intentions of the parties respecting any such stricken provision ARTICLE XVTTT COMPLIANCE WITH LAWS CONSULTANT shall comply with all federal, state, local laws, rules, regulations, and ordinances applicable to the work performed by CONSULTANT hereunder, as they may now read or as they may hereafter be amended ARTICLE XTX DISCRIMINATION PROHIBITED In performing the services required hereunder, CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap ARTTCI E XX PERSONNEL A CONSULTANT represents that it has or will secure at its own expense all personnel required to perform all the services required under this Agreement Such personnel shall not be employees or officers of, nor have any contractual relations with the OWNER CONSULTANT shall immediately inform the OWNER in writing of any conflict of interest or potential conflict of interest that CONSULTANT may discover, or which may anse during the term of this Agreement B OWNER requires that CONSULTANT carefully safeguard all documents, data, and information provided by OWNER to CONSULTANT incident to this engagement CONSULTANT recognizes that such documents, data, and information, involve sensitive, competitive issues, in some cases, confidential information, and in some cases proprietary information, and the disclosure of such information by CONSULTANT to any third party, without the express written consent of OWNER, is expressly prohibited by OWNER, and would likely cause economic loss and detriment to OWNER Any such unauthorized disclosure of information by CONSULTANT shall constitute an act of default respecting this Agreement CONSULTANT represents to OWNER that it will safeguard OWNER's information and will, upon OWNER'S reasonable request, provide OWNER with CONSULTANT'S policies regarding its procedures for identifying conflicts of interest, and its procedures and safeguards which are in place which would apply to CONSULTANT'S treatment and handling of OWNER'S documents, data, and information during this engagement C All services required hereunder will be performed by CONSULTANT or under its direct supervision All personnel engaged in performing the work provided for in this Agreement, shall be qualified, and shall be authorized and permitted under applicable state and local laws to perform such services s Our k MOWmall El ... 1 rower Svn PM M OM00aflY3 The CONSULTANT shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment, novation or otherwise) without the prior written consent of the OWNER CONSULTANT shall promptly notify OWNER of any change of its name as well as of any material change in its corporate structure, its location, and/or in its operations e\ 71Y( No waiver or modification of this Agreement or of any covenant, condition, limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith No evidence of any waiver or modification shall be offered or received in evidence in any proceeding ansmg between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed The parties further agree that the provisions of this Article will not be waived unless as herein set forth ARTICLE XXTTT MISCELLANEOUS A CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the final payment made by OWNER under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the CONSULTANT involving transactions relating to this Agreement CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct examinations or audits in compliance with this Article OWNER shall give CONSULTANT reasonable advance notice of all intended examinations or audits PROVIDED HOWEVER, that the basis of CONSULTANT'S fixed price, fixed hourly rates, or fixed salary multipliers (if applicable) shall not be subject to audit B Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas This Agreement shall be governed by and construed in accordance with the laws of the State of Texas C For purposes of this Agreement, the parties agree that Steve Coleman, P E , of CONSULTANT, and Project Manager, T & D Division of the Kansas City, Missouri office of CONSULTANT ("Coleman") shall serve as the Project Manager of CONSULTANT respecting this engagement, shall develop the scope of services with OWNER'S designated employees, and shall oversee all engineering activities on the Project This Agreement has been entered into with the understanding that Coleman shall serve as the CONSULTANT's Project Manager and will be a key person serving the OWNER on this Project Any proposed changes requested by CONSULTANT, respecting Coleman serving as the Project Manager on the Project, shall be subject to the approval of the OWNER, which approval the OWNER shall not unreasonably withhold Nothing herein shall limit CONSULTANT from S bur & M.D .11 EWm .] h. S. PSA IPPI UME UUM] C 9 using other qualified and competent members of its firm to perform the other services required herein, under its supervision or control D CONSULTANT shall commence, carry on, and complete its work on the Project with all applicable dispatch, and in a sound, economical, efficient manner, and in accordance with the engineering standards applicable to the services, and the provisions hereof In accomplishing the Project, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carved on by the OWNER E The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project and arranging for the access to, and make all provisions for the CONSULTANT to enter in or upon, public and private property as required for the CONSULTANT to perform professional services under this Agreement OWNER and CONSULTANT agree that CONSULTANT is entitled to rely upon information furnished to it by OWNER without the need for further inquiry or investigation into such information F The captions of this Agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions of this Agreement IN WITNESS WHEREOF, the City of Denton, Texas has executed this Agreement in four (4) original counterparts, by and through its duly authorized City Manager, and CONSULTANT has executed this A reemei t by and through its duly authorized undersigned officer, on this the day of 12001 "CITY" CITY OF DENTON, TEXAS i ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By S Wur Dmummn nmuWlftms h McD di 91mWcal Power Svcs PST 2NI DM9 D Ml din 10 "CONSULTANT" BURNS & MCDONNELL ENGINEERING COMPANY, INC A Missouri Corporation BY Lam/ /J• WAftk rV01431 s warn uMM�WACm OMRW s Mo dl eiwmWhw sn: asn 2MI DM arena: ac 11 February 5, 2001 Mr Chuck Sears Engineering Administrator City of Denton 901-A Texas Street Denton, Texas 76201 City of Denton, Texas Professional Engineering Services for Capital Improvement Plan Approved Projects Dear Mr Sears We are pleased to provide this proposal for engineering services which you requested Bums & McDonnell is an engineering firm established in 1898, with headquarters in Kansas City, Missouri, and licensed to perform work in the State of Texas With approximately 1400 employee -owners, Bums & McDonnell performs work in many areas of design and construction Approximately 80 employee -owners are engaged in the Transmission and Distribution Division, performing system studies, design, drafting, and construction services for transmission lines, substations, distribution lines, and communication systems Project Provide power system relay protection and control design support for approved Capital Improvement Plan projects for a period of one year from date of signing Scope of Services The following is our understanding of the Scope of Services to be provided by Burns & McDonnell 1 Determine the relays and controls necessary for approved Capital Improvement Plan substation and transmission projects Provide the designs for the relay and control projects identified in Item 1 to include panel layouts, terminal block layouts, and other drawings and documentation necessary to describe the designs 3 Provide copies of all documentation in hard copy and electronic formats 9400 Ward Parkway Kansas Oty Missouri 64114 3319 F-OIRTr T A u Tel 816 333 9400 Fax 816 3333690 www burnsmrd rom Mr Chuck Sears February 5, 2001 Page 2 Protect Organization Burns & McDonnell proposes to utilize the following personnel for this protect Steve Coleman will act as Protect Manager and perform quality review of the work Mr Coleman has 26 years of experience in electrical power systems, including relay coordination and protect management Mr Coleman is presently the System Studies Department Manager Dave Stewart will determine the required relays and controls Mr Stewart is a Relay and Controls Engineer with Burns & McDonnell, with over 30 years experience in relay coordination Responsibilities of the City of Denton It is our understanding the City of Denton will provide the following 1 Provide full information as to the City of Denton's requirements for the Protect 2 The City of Denton will provide all data necessary for the performance of this design, which Bums & McDonnell may rely upon in performing our services for this Protect 3 Provide personnel to accompany Bums & McDonnell's representative(s) as may be necessary for Burns & McDonnell to perform our services 4 Designate in writing a person to act as the City of Denton's representative with respect to the services to be performed for this Protect Such person shall have complete authority to transmit -instructions, receive information, interpret and define the City of Denton's policies and decisions with respect to materials, equipment, elements and systems to be used in the Protect Compensation 1 Amount of Payment For services performed, the City of Denton shall pay Burns & McDonnell the sum of the following a For time expended by personnel, payment at the hourly rates indicated in the attached "Schedule of Hourly Professional Service Billing Rates " The schedule is effective to December 31, 2001, and will be revised annually Mr Chuck Sears February 5, 2001 Page 3 b For reproduction, printing, long distance telephone calls, fax services, vehicles, testing apparatus, and computer usage, amounts as determined from Bums & McDonnell's schedule of rates in effect at the time the service is provided 2 Statements Monthly statements, in Bums & McDonnell's standard format, will be submitted by Bums & McDonnell to the City of Denton for payment covering services performed and expenses incurred during the preceding month Statements will set forth the hours expended and classification for each person on the project, total hours expended for each classification, the total labor billing, and a summary of other expenses and charges We appreciate the opportunity to serve the City of Denton If you have any questions regarding this proposal, please contact Steve Coleman at 816/822-3471 Sincerely, BURNS & McDONNELL ENGINEERING CO, INC Steven P Coleman, P E Project Manager T&D Division SPC/spc Enclosures Schedule of Hourly Professional Service Billing Rates Position Classification Hourly Classification Level -Billing Rate General Office 5 $44 50 Technician' 6 $46 00 Assistant' 7 $52 50 $72 00 8 9 $79 00 Staff' 10 $87 50 11 $95 50 Senior 12 $104 00 13 $112 50 Associate 14 $124 50 $129 50 15 Principal 16 $138 00 00 17 $143 NOTES 1 Position classifications listed above refer to the firm's internal classification system for employee compensation For example "Associate", "Senior" etc refer to such positions as "Associate Engineer" Senior Architect" etc 2 The hourly rates shown above are effective for services through December 31 2001 and are subject to revision thereafter 3 For any nonexempt personnel in positions marked with an asterisk (') overtime will be billed at 15 times the hourly labor billing rates shown 4 Project time spent by corporate officers will be billed at the Principal rate (Level 17) plus 25 percent — 5 For outside expenses Incurred by Bums & McDonnell, such as authorized travel and subsistence and for services rendered by others such as subcontractors the client shall pay the cost to Bums & McDonnell plus 10% 6 A technology charge of $8 00 per labor hour will be billed for normal computer usage computer aided drafting (CAD) telephone, fax, photocopy and mall services Specialty Items are not included in the technology charge 7 Monthly Invoices will be submitted for payment covering services and expenses during the preceding month Invoices are due upon receipt A late payment charge of 1 5% per month will be added to all amounts not paid within 30 days of the Invoice date Form BMR1001