2012-303
%(+$1$%$1$-"$%.1,
2012303
AdditionalFileExists
AdditionalFileContainsRecordsNotPublic,AccordingtothePublicRecords
Act
Other
%(+$Ș2ș#§º«(´¯º¯§²¹
AmendedbyOrdinanceNo.201334012/17/13JR
SecondAmendmentɋOrdinanceNo.201609904/05/16JR
o�nvaNCE No. 2012-303
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BY AND
BETWEEN THE CITY OF DENTON, TEXAS AND BLACK & VEATCH, INC. FOR
ELECTRIC DESIGN AND ENGINEERING SERVICES FOR A RELAY COORDINATION
STUDY INCIDENT TO THE DENTON MUNICIPAL ELECTRIC TRANSMISSION
SYSTEM; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING AN
EFFECTIVE DATE (FILE 5089-IN AN AMOUNT NOT-TO-EXCEED $564,000).
WHEREAS, the City Council deems it necessary and appropriate and in the public
interest to engage the engineering firm of Black & Veatch, a Corporation, located in Overland
Park, Kansas ("B&V"), to provide the City with professional electric design and engineering
services pertaining to B&V's work in support of the city's capital improvement plan regarding a
relay coordination study incident to the Denton electric transmission system; and
WHEREAS, the City staff has reported to the City Council that there is a substantial need
for the hereinabove described professional services by Denton Municipal Electric, and that
limited City staff cannot adequately perform the specialized engineering and other professional
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 of
professional services on the basis of demonstrated competence, knowledge, and qualifications,
and for a fair and reasonable price; and
WHEREAS, the City Council hereby finds and concludes that B&V is appropriately
qualified under the provisions of the law, to be retained as an engineering firm for the City and
for its department, Denton Municipal Electric, respecting this engagement; and
WHEREAS, the City Council has provided in the City budget for the appropriation of
funds to be used for the procurement of the foregoing professional services, as set forth in the
"Professional Services Agreement;" NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION l. The recitations contained in the preamble hereto are true and correct and
are incorporated herewith as a part of this Ordinance.
SECTION 2. The City Manager is hereby authorized to execute a"Professional Services
Agreement for Engineering Services for a Relay Coordination Study Incident to the Denton
Electric Transmission 5ystem" (the "Agreement") with the engineering firm of Black & Veatch,
Inc., a Corporation, in the amount of not-to-exceed $564,000, for professional design and
engineering services pertaining to the interests of the City and of its electric department, Denton
Municipal Electric, as hereinabove described, in substantially the form of the Agreement which
is attached hereto as Exhibit "A" which is incorporated herewith by reference.
SECTION 3. The award of this Agreement is on the basis of the demonstrated
competence and qualifications of the firm of B&V, and the ability of B&V, to perform the
professional design and engineering and related services needed by the City for a fair and
reasonable price.
SECTION 4. The expenditure of funds as provided for in the attached Agreement is
hereby authorized.
SECTION 5. This ordinance shall become effective upon its passage and approval.
PASSED AND APPROVED this the � day of �L�/��.2012.
MARK A. BU OU S, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: �
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
�
BLACK &VEATCH
� Bullding a WOI'Id of d(fferencer
October 12, 2012
Denton Municipal Electric
1659 Spencer Road
Denton, Texas 76205
Attention: Chuck Sears, Transmission Engineer
Subject: Commercial Proposal Reyuest
JAMES R. LUSBY
Vice President and Project Director, Energy
11401 LAMAR AVE
OVERLAND PARK, KANSAS 66211
+1913.458.2486 P � +1 913.458.2934 F
2012 Site Plan Concepts and
Transmission Coordination Study
Black & Veatch is pleased to present our commercial proposal to provide Denton Municipal
Electric with site plan arrangements, as well as perform a transmission relay coordination
study in response to DME's request for engineering services.
If you have questions concerning this submittal, please contact Chris Hueste in College Station
at (979) 260-6040.
Very truly yours,
BLACK & VEATCH CORPORATION
James R. Lusby
Vice President and Project Director
Enclosure
cc: Mr. C. C. Hueste / B&V
Mr. G. E. Patton / B&V
STATE OF TEXAS
COUNTY OF DENTON
PROFESSIONAL SERVICES AGREEMENT
FOR ENGINEERING SERVICES
INCIDENT TO THE DENTON ELECTRIC TRANSMISSION SYSTEM
THIS AGREEMENT is made and entered into as of the � day of G E� 012,
by and between the City of Denton, Texas, a Texas municipal corporation, with its principal
office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called
"OWNER" and Black & Veatch Corporation, with its carporate office at 11401 Lamar Avenue,
Overland Park, Kansas 66211, hereinafter called "CONSULTANT," acting herein, by and
through their duly authorized representatives.
WITNESSETH, that in consideration of the covenants and agreements herein contained,
the parties hereto do mutually agree as follows:
ARTICLE I
EMPLOYMENT OF CONSULTANT
The OWNER hereby contracts with the CONSULTANT, as an independent contractor,
and the CONSLTLTANT hereby agrees to perform the services herein in connection with the
Project as stated in the sections 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 out herein are in connection with the following described project:
The Project shall mean the engineering services for the OWNER's transmission system.
ARTICLE II
SCOPE OF SERVICES
The CONSULTANT shall perform the following services in a professional manner:
A. To perform all those services set forth in CONSULTANT's proposal attached hereto as
Exhibit "A" and incorporated by reference as if set forth fully herein.
B. If there is any conflict between the terms of this Agreement and the e�ibits attached to
this Agreement, the terms and conditions of this Agreement will control over the terms
and conditions of the attached exhibits.
agreed.
ARTICLE III
ADDITIONAL SERVICES
Additional services for the Project may be performed by the CONSULTANT, if mutually
ARTICLE IV
PERIOD OF SERVICE
This Agreement shall become effective upon execution of this Agreement by the
OWNER and the CONSULTANT and upon issue of a notice to proceed by the OWNER, and
shall remain in force for the period which may reasonably be required for the completion of the
Project, 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.
The CONSULTANT shall make all reasonable efforts to complete the services set forth herein as
expeditiously as possible and to meet the schedule established by the OWNER, acting through its
City Manager or his designee.
ARTICLE V
COMPENSATION
A. COMPENSATION TERMS:
"Subcontract Expense" is deiined as expenses incurred by the CONSULTANT in
employment of others in outside firms for services in the nature of
N/A .
2. "Direct Non-Labor Expense" is defined as that expense for any assignment
incurred by the CONSiJLTANT for supplies, transportation and equipment,
travel, communications, subsistence, and lodging away from home, and similar
incidental expenses in connection with that assignment.
B. BILLING AND PAYMENT: For and in consideration of the professional services to be
performed by the CONSLTLTANT herein, the OWNER agrees to pay, based on the cost
estimate detail at an hourly rate shown in Exhibit "C" which is attached hereto and is
incorporated by reference as if set forth fully in this Agreement, a total fee, including
reimbursement for direct non-labor expenses not to exceed $564,000.
Partial payments to the CONSULTANT will be made on the basis of detailed monthly
statements rendered to and approved by the OWNER through its City Manager or his
Page 2
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. In the event
OWNER disputes any invoice item, OWNER shall give CONSULTANT written notice
of such disputed item within twenty days after receipt of such invoice and shall pay to
CONSLTLTANT the undisputed portion of the invoice according to the provisions hereof.
Nothing contained in this Article shall require the OWNER to pay for any work which is
unsatisfactory, as reasonably determined by the City Manager or his designee, or which is
not submitted in compliance with the terms of this Agreement. The OWNER shall not be
required to make any payments to the CONSLTLTANT when the CONSULTANT is in
default under this Agreement.
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
maximum not to exceed fee as stated, without first having obtained written authorization
from the OWNER. The CONSULTANT shall not proceed to perform the services listed
in Article III "Additional Services," without obtaining prior written authorization from
the OWNER.
C. ADDITIONAL SERVICES: For additional services authorized in writing by the
OWNER in Article III, the CONSULTANT shall be paid based on the Schedule of
Charges at an hourly rate shown in Exhibit "C." Payments for additional services shall
be due and payable upon submission by the CONSiJLTANT, and shall be in accordance
with subsection B hereo£ Statements shall not be submitted more frequently than
monthly.
D. PAYMENT: If the OWNER fails to make undisputed payments due the CONSLTLTANT
for services and expenses within thirty (30) days after receipt of the CONSULTANT's
undisputed statement thereof, prompt payment act interest as set forth in Chapter 2251 of
the Texas Government Code shall be paid on the amounts due the CONSULTANT. In
addition, the CONSiJLTANT may, if it has not received payment by the thirty-first (31St)
day after receipt of payment, after giving ten (10) days' written notice to the OWNER,
suspend services under this Agreement until the CONSLTLTANT has been paid in full all
amounts due for services, expenses, and charges, provided, however, nothing herein shall
require the OWNER to pay prompt payment act interest if the OWNER has a bona fide
dispute with the CONSULTANT concerning the payment or if the OWNER reasonably
determines that the work is unsatisfactory, in accordance with this Article V,
"Compensation."
ARTICLE VI
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 the
CONSULTANT or any subcontractors or subconsultants.
Page 3
ARTICLE VII
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by the CONSULTANT (and CONSIJLTANT's
subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and
shall become the property of the OWNER when CONSULTANT has been compensated for
services rendered The CONSiTLTANT 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 any of the information or materials developed
pursuant to this Agreement in another project or for other purposes than specified herein,
CONSULTANT is released from any and all liability relating to their use in that project.
Nothing contained in this Article shall be construed as limiting or depriving CONSULTANT of
its rights to use its basic knowledge and skills to design or carry out other projects or work for
itself or others, whether or not such other projects or work are similar to the Project.
Rights to intellectual property developed, utilized, or modified in the performance of the
services shall remain the property of CONSLTLTANT. CONSULTANT hereby grants to
OWNER an irrevocable (except in the event of a breach of this license), nonexclusive, royalty-
free license to utilize CONSLTLTANT's proprietary property provided to OWNER as part of the
services to the extent necessary for the construction, operation, maintenance, repair, or alteration
of the facilities; provided that OWNER shall not use, or distribute to others, any CONSLTLTANT
statement or opinion for the purposes of a prospectus, other investment memorandum or
financing decision, except with CONSiJLTANT's prior written consent, which shall not be
unreasonably withheld. OWNER shall not acquire any rights to any of CONSULTANT's, its
subcontractors' or vendors' proprietary computer software that may be used in connection with
the services except as may be separately agreed.
ARTICLE VIII
INDEPENDENT CONTRACTOR
CONSLTLTANT shall provide services to OWNER as an independent contractor, not as
an employee of the OWNER. CONSLTLTANT shall not have or claim any right arising from
employee status.
ARTICLE IX
INDEMNITY AGREEMENT
The CONSULTANT shall indemnify and save and hold harmless the OWNER and its
officers, agents, 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 injury, death and
third party property damage, to the extent resulting from the negligent acts or omissions of the
Page 4
CONSULTANT or its officers, shareholders, agents, or employees in the execution, operation, or
performance of this Agreement.
Nothing in this Agreement shall be construed to create a liability to any person who is not
a party to this Agreement, and nothing herein shall waive any of the parties' 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.
ARTICLE X
INSURANCE
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 Commission or any successor agency that has a rating with Best
Rate Carriers of at least an A- or above:
A. Comprehensive General Liability Insurance with bodily injury limits of $500,000 for
each occurrence and $500,000 in the aggregate, and with property damage limits of
$100,000 for each occurrence and $100,000 in the aggregate.
B. Automobile Liability Insurance with bodily injury limits of $500,000 for each person and
$500,000 for each accident, and with property damage limits of $100,000 for each
accident.
C. Worker's Compensation Insurance in accordance with statutory requirements, and
Employers' Liability Insurance with limits of $100,000 for each accident.
D. Professional Liability Insurance with limits of $1,000,000 annual aggregate.
E. The CONSiJLTANT shall furnish insurance certificates at the OWNER's request to
evidence such coverages. The insurance policies shall name the OWNER as an
additional insured on all such policies, and shall contain a provision that such insurance
shall not be canceled without thirty (30) days' prior written notice to OWNER and
CONSULTANT. In such event, the CONSULTANT shall, prior to the effective date of
the cancellation, serve substitute policies furnishing the same coverage.
The parties hereby waive all claims for property damage, and shall, to the extent possible, require
their insurers to waive subrogation rights against the other party under any applicable policy of
property insurance.
ARTICLE XI
ALTERNATE DISPUTE RESOLUTION
The parties may agree to settle any disputes under this Agreement by submitting the
dispute to mediation. No mediation arising out of or relating to this Agreement may proceed
without the agreement of both parties to submit the dispute to mediation. The location for the
Page 5
mediation shall be the City of Denton, Denton County, Texas unless a different location is
agreed to by the parties.
ARTICLE XII
TERMINATION OF AGREEMENT
A. Notwithstanding any other provision of this Agreement, either party may terminate by
giving thirty (30) days' advance written notice to the other party.
B. This Agreement may 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 affected 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 non-performance, and, if other than non-payment of compensation, not
less than thirty (30) calendar days to commence 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, CONSLTLTANT shall immediately cease all services and shall render a iinal
bill for services to the OWNER within thirty (30) days after the date of termination. The
OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily
performed and for reimbursable expenses to termination incurred prior to the date of
termination, in accordance with Article V"Compensation." Should the OWNER
subsequently contract with a new consultant for the continuation of services on the
Project, CONSULTANT shall cooperate in providing information. The CONSiJLTANT
shall turn over all documents prepared or furnished by CONSULTANT pursuant to this
Agreement to the OWNER on or before the date of termination, but may maintain copies
of such documents for its use.
ARTICLE XIII
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval by the OWNER shall not constitute, nor be deemed a release of the
responsibility and liability of the CONSiJLTANT, its employees, associates, agents,
subcontractors, and subconsultants for the accuracy and competency of their designs or other
work; nor shall such approval be deemed to be an assumption of such responsibility by the
OWNER for any defect in the design or other work prepared by the CONSULTANT, its
employees, subcontractors, agents, and consultants. CONSIJLTANT retains design
responsibility and liability at all times during this Agreement and after completion of this
Agreement during the Warranty Period. CONSULTANT warrants that it will perform the
services in accordance with the standards of care and diligence normally practiced by recognized
engineering firms in performing services of a similar nature in existence at the time of
performance of the services. If, during the one year period following completion of the services
("Warranty Period"), it is shown there is an error in the services caused solely by
Page 6
CONSULTANT's failure to meet such standards and OWNER has notified CONSULTANT in
writing of any such error within that period, CONSULTANT shall re-perform, at no additional
cost to OWNER, such services within the original scope of services as may be necessary to
remedy such error.
CONSULTANT shall have no liability for defects in the services attributable to
CONSLTLTANT's reliance upon or use of data, design criteria, drawings, specifications, or other
information furnished by OWNER or other third parties retained by OWNER.
Since CONSULTANT has no control over the cost of labor, materials, or equipment
furnished by others, or over the resources provided by others to meet construction schedules,
CONSLJLTANT's opinion of probable costs and of construction schedules shall be made on the
basis of experience and qualifications as a professional engineer. CONSLTLTANT does not
guarantee that proposals, bids, or actual construction costs will not vary from CONSLTLTANT's
cost estimates or that actual schedules will not vary from CONSULTANT's projected schedules.
The obligations and representations contained in this Article XIII are CONSULTANT's
sole warranty and guarantee obligations and OWNER's exclusive remedy in respect of quality of
the services. EXCEPT AS PROVIDED IN THIS ARTICLE, CONSULTANT MAKES NO
OTHER W�IRRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO
CONSULTANT'S SERVICES AND CONSULTANT DISCLAIMS ANY IMPLIED
WARRANTIES OR WARRANTIES IMPOSED BY LAW INCLUDING WARRANTIES OF
MERCHANTABILITYAND FITNESS FOR A PARTICULAR PURPOSE.
ARTICLE XIV
NOTICES
All notices, communications, and reports required or permitted under this Agreement
shall be personally delivered or mailed to the respective parties by depositing same in the United
States mail to the address shown below, certified mail, return receipt requested, unless otherwise
specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing:
To CONSULTANT:
Black & Veatch Corporation
Attn: Legal Department
11401 Lamar Avenue
Overland Park, Kansas 66211
To OWIVER:
City of Denton, Texas
City Manager
215 East McKinney
Denton, Texas 76201
All notices shall be deemed effective upon receipt by the party to whom such notice is
given, or within three (3) days' mailing.
ARTICLE XV
ENTIRE AGREEMENT
Page 7
This Agreement, consisting of 12 pages and 3 exhibit(s), 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, and agreements which
may have been made in connection with the subject matter hereof.
ARTICLE XVI
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 this Agreement to replace such stricken provision with a valid and
enforceable provision which comes as close as possible to expressing the intention of the stricken
provision.
ARTICLE XVII
COMPLIANCE WITH LAWS
The CONSULTANT shall comply with all federal, state, and local laws, rules,
regulations, and ordinances applicable to the work covered hereunder as they may now read or
hereinafter be amended.
ARTICLE XVIII
DISCRIMINATION PROHIBITED
In performing the services required hereunder, the CONSULTANT shall not discriminate
against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or
physical handicap.
ARTICLE XIX
PERSONNEL
A. The CONSLTLTANT 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 ofiicers of, or have any contractual relations with the
OWNER. CONSLTLTANT shall inform the OWNER of any conflict of interest or
potential conflict of interest that may arise during the term of this Agreement.
B. All services required hereunder will be performed by the CONSULTANT or under its
supervision. All personnel engaged in work shall be qualified, and shall be authorized
and permitted under state and local laws to perform such services.
C. In those instances deemed necessary by the OWNER, the CONSiJLTANT, its employees
and/or its Sub-consultants shall be required to submit to background checks.
Page 8
ARTICLE XX
ASSIGNABILITY
The CONSULTANT shall not assign any of its scope of work under in this Agreement,
and shall not transfer any of its scope of work under this Agreement (whether by assignment,
novation, or otherwise) without the prior written consent of the OWNER. Should the
CONSULTANT assign any part of the monies due under this Agreement, CONSULTANT is
required to provide written notice of the same to OWNER. Any assignment of monies due under
this Agreement shall not change any of the terms or conditions of this Agreement to include but
not limited to the terms and conditions for payment under this Agreement.
ARTICLE XXI
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, or limitation
herein contained shall be valid unless in writing and duly executed by the party to be charged
therewith, and no evidence of any waiver or modification shall be offered or received in evidence
in any proceeding arising between the parties hereto out of or affecting this Agreement, or the
rights or obligations of the parties hereunder, and unless such waiver or modification is in
writing and duly executed; and the parties further agree that the provisions of this section will not
be waived unless as set forth herein.
ARTICLE XXiT
MISCELLANEOUS
A. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton
County, Texas. This Agreement shall be construed in accordance with the laws of the
State of Texas.
B. For the purpose of this Agreement, the key persons who will perform most of the work
hereunder shall be Glen Patton. However, nothing herein shall limit CONSiJLTANT
from using other qualified and competent members of its firm to perform the services
required herein. CONSULTANT understands that OWNER is to be informed of the
removal or loss of any of the key persons working under this Agreement.
CONSLTLTANT also agrees to provide the OWNER with notice of the name(s) of who it
intends to replace the key person. OWNER shall have a right to reject any replacement
key person(s) and CONSLTLTANT agrees to name a replacement key person(s)
acceptable to the OWNER.
C. CONSULTANT shall commence, carry on, and complete any and all projects with all
applicable dispatch, in a sound, economical, and efficient manner and in accordance with
the provisions hereof. In accomplishing the projects, CONSULTANT shall take such
steps as are appropriate to ensure that the work involved is properly coordinated with
related work being carried on by the OWNER.
Page 9
D. The OWNER shall assist the CONSiJLTANT 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 thereto, and make all
provisions for the CONSULTANT to enter in or upon public and private property as
required for the CONSLTLTANT to perform services under this Agreement.
E. 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.
ARTICLE XXIII
RIGHT TO AUDIT
The OWNER shall have the right to audit and make copies of the books, records and
computations pertaining to CONSULTANT's direct costs under this Agreement. The
CONSLILTANT shall retain such books, records, documents and other evidence pertaining to
such direct costs during the contract period and for an additional three years thereafter, except if
an audit is in progress or audit imdings are yet unresolved, in which case records shall be kept
until all audit tasks are completed and resolved. These books, records, documents and other
evidence shall be available, within ten (10) business days of written request. Further, the
CONSiJLTANT shall also require all Subcontractors, material suppliers, and other payees to
retain all books, records, documents and other evidence pertaining to this agreement, and to
allow the OWNER similar access to those documents. All such books and records will be made
available at CONSLTLTANT's offices in Kansas upon written request. The purpose of any audit
shall be only for verification of such direct costs and CONSULTANT shall not be required to
keep records of or provide access to those of its costs expressed as iixed rates, a lump sum, or of
costs which are expressed in terms of percentages of other costs. The cost of the audit will be
borne by the OWNER unless the audit reveals an overpayment of 1% or greater. If an
overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs,
must be borne by the CONSULTANT which must be payable within five business days of
receipt of an invoice.
Failure to comply with the provisions of this section shall be a material breach of this contract
and shall constitute, in the OWNER'S sole discretion, grounds for termination thereof.
ARTICLE XXIV
LIMITATIONS
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 for any special, consequential, incidental, indirect or exemplary damages. Except
for an obligation to make payments, neither party shall be in default to the extent any
nonperformance is caused by a circumstance beyond such party's reasonable control. The
warranties, obligations, liabilities and remedies of the parties, as provided herein, are exclusive
and in lieu of any others available at law or in equity. CONSULTANT's total aggregate liability
Page 10
under this Agreement shall not exceed the compensation received by CONSLTLTANT under this
Agreement, and to the extent provided by applicable law OWNER agrees to release, defend,
indemnify, and hold CONSULTANT harmless from and against any and all further liability
arising in any manner from the Services. Releases from, and limitations of liability shall apply
notwithstanding the breach of contract, tort including negligence, strict liability or other theory
of legal liability of the party released or whose liability is limited.
Page 11
IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by
its duly authorized City Manager, and CONSULTANT has executed this`Agreement
thro gh its duly authorized undersigned officer on this the �����C day of
�/�Z , 20 /� .
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By: ...�—
GEORG C. CANIl'BELL, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APP VED A O LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
v
CONSULTANT
WITNESS:
� ��_.� _ � � ���,
SMH
BLACK & VEATCH
� Building a yy01'Id of differencer
f�7:ll:3ir-1
CONCEPTUAL SITE ANALYSIS AND COORDINATION STUDY
DME TRANSMISSION SYSTEM
PROJECT SCOPE SUMMARY
Denton Municipal Electric (DME) is initiating the design for multiple substation projects in its CIP. The first
steps in the design are to develop concept plans for various site options. Preparing concept plans will be a
cooperative effort with, and provide engineering support for, the site selection process. The end product
will be the site plan that will be used to design each substation. It is anticipated that concept plans will be
required for up to 15 substation projects. The work will also encompass a relay coordination study for the
entirety of DME's 138kV and 69kV electrical transmission. Lastly, the work will include consultation and
engineering support as needed on conceptual relay design, relay setting review, NERC compliance, and
operations issues.
PROJECT APPROACH AND DELIVERABLES
SITE LAYOUT OPTIONS
This portion of the project will include providing site development options for up to fifteen substation sites.
Each site development project will include an average of three different site layout options. The layouts
will be based on DME's standard structure and equipment dimensions, and will use the DME standard
substation layout as a starting point. A list of pros and cons will be provided with each proposed layout,
and a budgetary cost estimate for each proposed site will be included. A significant portion of this work
will be done in conjunction with DME's land acquisition and public involvement processes.
RELAY COORDINATION STUDY
The project will include the setting review and coordination of the associated transmission line relays,
breaker failure relays, autotransformer, and bus relays for the DME owned transmission equipment.
Relays will be coordinated with neighboring utility interconnections. The project will follow the approach
as defined below:
Review Relay Data Provided by DME
Conduct site visit of DME substations to verify relays and data provided by DME.
Develop ASPEN model and input relay settings.
Perform short circuit and breaker duty analysis.
Perform relay coordination study.
Develop relay setting files for recommended setting changes.
Develop final report.
BLACK&VEATCH
� Buildfng a WOF'Id of dffferencet
The following relay systems and breakers will be included in the engineering analysis and coordination
, study.
JIM CHRISTAL 138kV SUBSTATION
• 138kV Denton West Line Relaying
• 138kV North Denton Line Relaying
• 138kV Breaker Failure Relaying
• 138kV Bus 1 Differential Primary and Backup Relaying
• 138kV Bus 2 Differential Primary and Backup Relaying
FORT WORTH 138kV SUBSTATION
• 138kV Denton West Line Relaying
• 138kV Teasley Line Relaying
• 138kV Breaker Failure Relaying
TEASLEY 138kV SUBSTATION
• 138kV Fort Worth Line Relaying
• 138kV Spencer Interchange Line Relaying
• 138kV Breaker Failure Relaying
POCKRUS 138kV SUBSTATION
QBLACK&VEATCH
� Buildfng a WOI'Id of difference:
• 138kV Line Sectionalizing Scheme
INDUSTRIAL 138kV SUBSTATION
• 138kV Spencer Interchange Line Relaying
• 138kV Arco Line Relaying
• 138kV Breaker Failure Relaying
R.D. WELLS 138kV SUBSTATION
• 138kV Denton West Line Relaying
• 138kV Breaker Failure Relaying
• 138kV Bus A/B Differential Relaying
• 138/69kV Auto 1 Primary and Backup Relaying
• 138/69kV Auto 2 Primary and Backup Relaying
NORTH DENTON 69kV SUBSTATION
• 69kV North Lakes Line Relaying
• 69kV Kings Row Line Relaying
• 69kV Breaker Failure Relaying
• 69kV Bus 1 Differential Primary and Backup Relaying
• 69kV Bus Z Differential Primary and Backup Relaying
KINGS ROW 69kV SUBSTATION
• 69kV North Denton Line Relaying
• 69kV Woodrow Line Relaying
• 69kV Breaker Failure Relaying
• 69kV Bus 1 Differential Primary and Backup Relaying
• 69kV Bus Z Differential Primary and Backup Relaying
WOODROW 69kV SUBSTATION
• 69kV Kings Row Line Relaying
• 69kV Spencer Line Relaying
• 69kV Breaker Failure Relaying
• 69kV Bus 1 Differential Primary and Backup Relaying
• 69kV Bus 2 Differential Primary and Backup Relaying
SPENCER 69kV SUBSTATION
• 69kV Woodrow Line Relaying
• 69kV Locust Line Relaying
• 69kV Spencer Interchange Line/Bus Relaying
• 69kV Spencer Plant Line/Bus 1 Relaying
• 69kV Spencer Plant Line/Bus 2 Relaying
• 69kV Breaker Failure Relaying
LOCUST 69kV SUBSTATION
• 69kV Spencer Line Relaying
• 69kV Hickory Line Relaying
• 69kV Breaker Failure Relaying
• 69kV Bus 1 Differential Primary and Backup Relaying
www.bv.com
BLACK & VEATCH
^ Bu(Iding a WOI'Id of dlfferencer
• 69kV Bus 2 Differential Primary and Backup Relaying
• 69kV Bus 3 Differential Primary and Backup Relaying
HICKORY 69kV SUBSTATION
• 69kV Locust Line Relaying
• 69kV R.D. Wells Line Relaying
• 69kV Bonnie Brae Line Relaying
• 69kV Breaker Failure Relaying
• 69kV Bus/Transformer 1 Differential Primary and Backup Relaying
• 69kV Bus 2 Differential Primary and Backup Relaying
• 69kV Bus 3 Differential Primary and Backup Relaying
BONNIE BRAE 69kV SUBSTATION
• 69kV North Lakes Line Relaying
• 69kV Hickory Line Relaying
� 69kV Breaker Failure Relaying
• 69kV Bus 1 Differential Primary and Backup Relaying
• 69kV Bus 2 Differential Primary and Backup Relaying
R.D. WELLS 69kV SUBSTATION
• 69kV Hickory Line Relaying
• 69kV Breaker Failure Relaying
• 69kV Bus 1 Differential Primary and Backup Relaying
NORTH LAKES 69kV SUBSTATION
• 69kV North Denton Line Relaying
• 69kV Bonnie Brae Line Relaying
• 69kV Breaker Failure Relaying
• 69kV Bus 1 Differential Primary and Backup Relaying
• 69kV Bus 2 Differential Primary and Backup Relaying
The ASPEN One-Liner program will be utilized to perform a fault study and relay coordination analysis.
Two copies of the final report will be provided and will include an ASPEN generated one-line diagram. New
relay setting files will also be provided for all setting changes.
DESIGN CONSULTATION AND SETTING REVIEW
Acting as a general design consultant, this portion of the work will include answering any project or non-
project specific questions that may arise over the course of the project, and attending any necessary
meetings. It will also include updating the DME transmission system model, updating the relay
coordination study, and updating the relay loadability study. Lastly, the work will include aiding in the
completion of any NERC or Texas Reliability Entiry compliance documentation that may arise as DME's
transmission system is modified.
MAN-HOUR ESTIMATE
Based on the deliverables, we estimate the following man-hours to complete the engineering tasks for the
project:
BLACK&VEATCH
� Bullding a WOf'Id of d(fference:
..� .�
1 1
10 ProjectAdministration, Planning& 456
Control
40 Preliminary Engineering - Site 1080
Conce tual Anal sis 15 Sites
41 Preliminary Engineering - Relay 64
Coordination Stud
42 Preliminary Engineering - Relay Design 400
and Settin Consultation
50 Design Engineering - Site Conceptual 660
Anal sis 15 Sites
51 Design Engineering - Relay Coordination 320
Stud
52 Design Engineering - Relay Design and 1000
Settin Consultation
90 Engineering Completion 160
Total 4140
COST ESTIMATE
Based on the deliverables, we estimate the following not to exceed costs to complete the engineering
services for the project:
�
� '
10 Project Administration, Planning & $62,000
Control
40 Preliminary Engineering - Site $136,000
Conce tual Anal sis 15 Sites
41 Preliminary Engineering - Relay $10,000
Coordination Stud
42 Preliminary Engineering -Design and $52,000
Settin Consultation
50 Design Engineering - Site Conceptual $93,000
Anal sis 15 Sites
51 Design Engineering - Relay Coordination $53,000
Stud
52 Design Engineering - Relay Design and $138,000
Settin Consultation
90 Engineering Completion $20,000
Total $564,000
DME'S TASKS
DME to provide all necessary information from land acquisitions department for each site.
BLACK & VEATCH
^ Building a wol'Id of differencer
DME to provide CAD drawings for standard substation layout.
DME to provide CAD drawings for all standard substation equipment.
DME to provide all substation standard dimensions for phase spacing, driveways, and property set-back.
DME to provide protective relay one-lines for each location.
DME to coordinate protection engineer contacts for neighboring utilities.
DME to provide relay database export files of current settings for micro-processor relays and setting sheets
for electromechanical relays.
DME to provide appropriate personnel to accompany B&V personnel for site visits to verify equipment
shown on relay one-lines and existing relay settings.
ESTIMATED SCHEDULE AND COST
It is anticipated that the project will begin on IVovember 1St, 2012, upon receipt of purchase order. The
coordination study portion of the project is anticipated to be completed within 6 months after notice to
proceed. The remainder of the scope will be completed in accordance with the DME project schedule.
Based on the deliverables, we estimate the cost for the engineering services will not exceed $564,000, and
will require approximately 4140 man-hours to complete.
Black and Veatch
corvoreuon
ENGINEERING MAN-HOUR
ESTIMATE
---- — ------- --- — -- ----- ---- -- --------- --_-- ------ __ __— -- - --------
Denton Municipal Electric I
SteCono�tual Analyss and Coordinalion Study - DM E Transmi�an Systen
Erg. Stat D3e 10/29/2012 �------_�_--------- Rqat:
Er�g. Com I. Date Ph�e
PrajedDur: Mo. Const.Dur: OMo.
Rroject FYoject El�lrirzl Cantrd Structur� T-Line Clak1
Maiaga Engine� Engine�r Ma�7a Enginea Engines� Dr�ta Typi� Tot�
Phase No.
1U PROJECTADMINISfRATION,PLANNING&CONTROL
RojeclMonitorir�,Invoidng,&Admin. 120 120 24 264�
MantanPryectFles 24 241
RojedKidc-offadRcviewMeetings(6) 24 fi4 88�
� QA Check 40 40 80i
MaihourSubtotal 184 84 40 120 0 0 0 48 456�
40 PRELIMINARYENGINEERING-SITECONCEPTUALANALYSIS(15SITES)
Dcvdop 9te La�out Options 60 1&1 180 240 660
RevieniSteConstrantsaxiConsAtwifhLaidAequslionsD�atmait GO 18b 180 420
MaihourSLblot� 120 360 360 0 0 0 240 0 1080i
41 PRELIMINARYENGINEERING-RELAYCOORDINATIONSfUDY
; OEVdopASPENImpedaxeModdFromPSS�EERCOTImport 24 24'
InpNExistingRda�S�tingsirrtoASPENModd 40 0 40'
0
ManhowSublotd 0 64 0 0 0 0 0 0 64
42 PRELIMINARYENGINEERING-DESIGNCONSULTATION
Re✓ie�/Boad/SuppatMe�ings(10) 40 &] 40 160
NERCCompllaioeDocument�ion 80 40 120
U �eModdsand5tudiES 80 40 120
0
MaihourSuttot�l 40 240 120 0 0 0 0 0 400
50 DESIGNENGINEERING-SITECONCEFiUALANALYSIS
Re{�ae3Fln�La�outOptions 60 60 60 120 300
Dead op R rt for Ro�Cons oF 3 La�rout O tions 60 60 60 180
DeddopBudgetayCo�An�yssforLa�artOptions 60 60 60 160
Ma�hourSubtot�l 180 180 180 a 0 0 120 0 fi6�1
DME Site Concepts Hours.xlsx 1 10/12/2012 10:26 AM
Black and Veatch
corvoratian
ENGINEERING MAN-HOUR
ESTIMATE
- — ---- — ----- -------- ---- --- ---
9teConoEptual Anely�s end Coordination Study - DM E Tr�sni�on Systan
�Eng. SYat Date 10/29/2012 -------------- - Rqed:
Eng. Compl. D�e Pha�
RrojeclDur: Mo. Canst.D�: OMo.
Roject Roject El�trid Canfral Strudur� T-Line Clek/
Mai�a Er�ginea Enginea Ma�a Engineer Engin� Dr�ta Typi3 Tot�
51 DESIGNENGINEERING-RELAYCOORDINATIONSTl1�Y
Fail t LYrrart Stucy and Breeka RffiI r�q And y� s 40 4D
RdayCoordn�ionStudyaidSettingFiles 120 40 160
R�ort Repa�ion 120 120�
ManhourSibtotd D 280 40 0 0 0 0 0 320
52 DESGNENGINEERING-DESIGNCONSULTATION
Rda�DesgnaidSettirgConslt�im 40 220 160 420
NERCCanpliaueDocumEnta[ian 120 &7 200
Ftrform new �udi e, aid doannad r�lts 220 16� 380
MatFwurS�tot� 40 560 400 0 0 0 0 0 10W�
90 ENGINEERINGCOMPLETION
FnalizeReport& CloseRoject 40 40 40 40 16D
M aViour SUbto[� 40 40 40 0 0 0 0 40 160
EngineeringService-MaihourTotal 604 1788 1180 120 0 0 360 88 4140i
Pacent 14.6 432 28.5 2.9 0.0 0.0 8.7 2.1 100.0
DME Site Concepts Haurs.xlsx 2 10N2/2012 10:26 AM
Exhibit B
CITY OF DENTON
INSURANCE REQUIREMENTS FOR
CONSU LTANTS/CONTRACTORS
The Offeror's/Bidder's attention is directed to the insurance requirements below. It is highly
reco�nmended that offerors/biddeYS confer with their respective insurance carriers or brokers
to determine in advance of its proposal or bid submission the availability of insurance
certificates and endorse�nents as prescribed ahd provided herein. If an offeror/appare�t low
bidder fails to comply strictly with the insu�ance requireme�tts, that offeror/bidder may be
disqualified from award of the contract. Upon award, all insurance requirements shall
beco�ne contractual obligations, which the successful offeror/bidder shall have a duty to
�naintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Consultant/ContractoN, the
Consultant/Cont�actor shall provide and maintain until the contracted work has been completed
and accepted by the City of Denton, OwneN, the insurance coverage as indicated hereinafte�^.
As soon as pNacticable after notification of award, Consultant/Contractor shall file with the
Purchasing Department satisfactory certificates of insurance, containing the proposal/bid
number and title of the project. Consultant/Cont�^actor may, upon written request to the
Purchasing Department, ask for clarification of any insurance requi�ements at any time;
however, Consultants/Contractors are strongly advised to make such requests prior to
proposal/bid opening, since the insurance requirements may not be modified or waived after
proposal/bid opening unless a written exception has been submitted witlt the proposal/bid.
Consultant/Contractor shall not com�nence any work or deliver any material until he or she
receives notification that the cohtract Jaas been accepted, approved, and signed by the City of
Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall comply
with the following general specifications, and shall be maintained in compliance with these
general specifications throughout the duration of the Contract, or longer, if so noted.•
• Each policy shall be issued by a company authorized to do business in the State of
Texas with an A.M. Best Company rating of at least A-.
• Any deductibles or self-insured retentions shall be declared in the proposal or bid.
• Liability policies shall be endorsed to provide the following:
• With the exception of Professional Liability, name as additional insured the
City of Denton, its Ofiicials, Agents, Employees and volunteers.
• That such insurance is primary to any other insurance available to the
additional insured with respect to claims covered under the policy and that this
Page 13
insurance applies separately to each insured against whom claim is made or
suit is brought. The inclusion of more than one insured shall not operate to
increase the insurer's limit of liability. �
• Cancellation: City requires 30 day written notice should any of the policies
described on the certificate be cancelled before the eacpiration date.
• Should any of the required insurance be provided under a claims-made form,
Consultant/Contractor shall maintain such coverage continuously throughout
the term of this contract and, without lapse, for a period of three years beyond
the contract expiration, such that occurrences arising during the contract term
which give rise to claims made after expiration of the contract shall be covered.
• Should any of the required insurance be provided under a form of coverage that
includes a general annual aggregate limit providing for claims investigation or
legal defense costs to be included in the general annual aggregate limit, the
Consultant/Contractor shall either double the occurrence limits or obtain
Owners and Contractors Protective Liability Insurance.
• Should any required insurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed until the City
receives satisfactory evidence of reinstated coverage as required by this
contract, effective as of the lapse date. If insurance is not reinstated, City may,
at its sole option, terminate this agreement effective on the date of the lapse.
Page 14
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally
comply with the following marked specifications, arrd shall be maintained in compliance with
these additional specifications throughout the duration of the Contract, or longer, if so noted.•
[X] A. General Liability Insurance:
General Liability insurance with combined single limits of $500,000.00 per
occurrence and in the aggregate, shall be provided and maintained by the Contractor.
The policy shall be written on an occurrence basis either in a single policy or in a
combination of underlying and umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is
used:
Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad form property damage coverage.
Coverage B shall include personal injury.
Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least:
Bodily injury and Property Damage Liability for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCU)
exposures.
Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
[X] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Limits (CSL) of $500,000.00 either in a single policy or in a combination of basic
and umbrella or excess policies. The policy will include bodily injury and property
damage liability arising out of the operation, maintenance and use of all automobiles and
mobile equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
any auto, or
all owned, hired and non-owned autos.
[X] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in
addition to meeting the minimum statutory requirements for issuance of such insurance,
has Employer's Liability limits of $100,000 for each accident, $100,000 per each
employee, and a$500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its offcials, agents, employees and volunteers for any work
performed for the City by the Named Insured. For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance with
§406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's
Compensation Commission (TWCC).
�] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of
the work under this contract, an Owner's and Contractor's Protective Liability insurance
policy naming the City as insured for property damage and bodily injury which may arise
in the prosecution of the worlc or Contractor's operations under this contract. Coverage
shall be on an "occurrence" basis, and the policy shall be issued by the same insurance
company that carries the Contractor's liability insurance. Policy limits will be at least
combined bodily injury and property damage per occurrence with a aggregate.
[X] Professional Liability Insurance
Professional liability insurance with limits of $1,000,000.00 per claim and in the
aggregate with respect to negligent acts, errors or omissions in connection with
professional services is required under this Agreement.
�] Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
[_] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside
the premises, burglary of the premises, and employee fidelity. The employee fidelity
portion of this coverage should be written on a"blanket" basis to cover all employees,
including new hires. This type insurance should be required if the contractor has access
to City funds. Limits of not less than each occurrence are required.
�] AdditionalInsurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements. If such additional insurance is required for a specific
Page 16
contract, that requireinent will be described in the "Specific Conditions" of the contract
specifications. �
Page 17
ATTACHMENT 1
[_] Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the
project until the contractor's/person's work on the project has been completed and
accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) - includes all
persons or entities performing all or part of the services the contractor has
undertaken to perform on the project, regardless of whether that person contracted
directly with the contractor and regardless of whether that person has employees.
This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner-operators, employees of any such entity, or
employees of any entity which furnishes persons to provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering equipment or
materials, or providing labor, transportation, or other service related to a project.
"Services" does not include activities unrelated to the project, such as food/beverage
vendors, ofiice supply deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any overage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all employees
of the Contractor providing services on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity prior
to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity
showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
1) a certiiicate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage
for all persons providing services on the project; and
Page 18
2) no later than seven days after receipt by the contractor, a new certifcate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project.
F. The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the contractor knew or should have known, of
any change that materially affects the provision of coverage of any person providing
services on the project.
H. The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how
a person may verify coverage and report lack of coverage.
I. The contractor shall contractually require each person with whom it contracts to
provide services on a project, to:
1) provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its employees
providing services on the project, for the duration of the project;
2) provide to the contractor, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees
of the person providing services on the project, for the duration of the project;
3) provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
4) obtain from each other person with whom it contracts, and provide to the
contractor:
a) certificate of coverage, prior to the other person beginning work on the
project; and
b) a new certificate of coverage showing extension of coverage, prior to the
end of the coverage period, if the coverage period shown on the current
certiiicate of coverage ends during the duration of the project;
5) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
6) notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
Page 19
7) contractually require each person with whom it contracts, to perform as required
by paragraphs (1) -(7), with the certificates of coverage to be provided to the
person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all employees
of the contractor who will provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that the coverage will be based
on proper reporting of classification codes and payroll amounts, and that all coverage
agreements will be filed with the appropriate insurance carrier or, in the case of a self-
insured, with the commission's Division of Self-Insurance Regulation. Providing
false or misleading information may subject the contractor to administrative penalties,
criminal penalties, civil penalties, or other civil actions.
K. The contractor's failure to comply with any of these provisions is a breach of contract
by the contractor which entitles the governmental entity to declare the contract void if
the contractor does not remedy the breach within ten days after receipt of notice of
breach from the governmental entity.
Page 20
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other person doin business with local overnmental entit
This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a Date Received
person who has a business relationship as defined by Section 176.001(1-a) with a local
governmental entity and the person meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local government entity
not later than the 7th business day after the date the person becomes aware of facts that require the
statement to be filed. See Section 176.006, Local Government Code.
A person commits an offense if the person knowingly violates Section 176.006, Local Government
Code. An offense under this section is a Class C misdemeanor.
� Name of person who has a business relationship with local governmental entity.
2
� Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7�h business
day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
3
Name of local government officer with whom filer has an employment or business relationship.
Name of Officer
This section, (item 3 including subparts A, B, C& D), must be completed for each officer with whom the filer has an employment or other business
relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the
filer of the questionnaire?
� Yes � No
B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the
local government officer named in this section AND the taxable income is not received from the local governmental entity?
0 Yes 0 No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer
serves as an officer or director, or holds an ownership of 10 percent or more?
0 Yes 0 No
D. Describe each affiliation or business relationship.
4
Signature of person doing business with the governmental entity Date
Adopted O6/29/2007
Exhibit C
Black & Veatch
Energy Division
2012-2013 Power Delivery
Billing Rates
Sal Plan /
Job Family Title (Salary Plan) Title Grade Hourl Billing Rate
Administrative Support (ADS) Project Support Assistant 1 ADS / 002 $38.24
Office support including clerical, secretarial, Project Support Assistant 2 ADS / 003 $47.87
and document control. Project Support Assistant 2 ADS / 004 $63.35
Executive 5u ort Assistant ADS / 005 $81.26
ConsVuction Management (CNS) Field Project Support Assistant 2 ADS / 003 $47.87
Construction management and inspection. ConsVuction Inspector 2 CNS / 002 $75.37
Construction Inspector 3 CNS / 003 $85.12
Construction Inspector 4 CNS 1004 $97.19
Construction Manager 5 CNS / 005 $113.73
Construction Manager 6 CNS / 006 $133.08
Senior Constr. Manager 7 CNS / 007 $149.87
Senior Constr. Manager 8 CNS / 008 $164.08
Senior Constr. Manager 9 CNS / 009 $184.48
Senior Constr. Manager 10 CNS I 010 $198.58
Senior Constr. Manager 11 CNS / 011 $213,43
Senior Constr. Mana er 12 CNS / 012 $227.16
Engineerinq (ENG) Enqineer 1 ENG / 127 $82.09
Engineering design and analysis, and Engineer 2 ENG / 128 $87.33
supervision of design and drawing produc- Design Engineer ENG / 129 $98.85
tion. Design Engineer ENG / 130 $111.57
Project Engineer ENG / 131 $135.96
ProJect Engineer ENG / 132 $159.34
Senior Project Engineer ENG / 133 $183.25
Senior Project Engineer ENG / 134 $216.89
Senior Project Engineer ENG / 135 $206.82
Senior Pro'ect En ineer ENG / 136 $244.29
Enqineering Services (ENS) Enqineerinq Specialist 2 ENS / 128 $72.20
Scientific related services Engineering Specialist 3 ENS / 129 $82.21
including scientists, geologists, Engineering Specialist 4 ENS / 13o $102.53
surveyors, environmentalists, etc. Engineering Specialist 5 ENS /131 $112.05
Senior Engineering Specialist 6 ENS / 132 $151.10
Senior En ineerin S ecialist 7 ENS / 133 $165.50
Engineering Technician (ENT) Enqineerinq Technician 1 ENT I 125 $55.99
Design and drawing produc[ion (graphics) Engineering Technician 2 ENT! 126 $61.83
Engineering Technician 3 ENT / 127 $66.29
Engineering Technician 4 ENT / 128 $75.35
Engineering Technician 5 ENT / 129 $84.02
Senior Engineering Tech. 6 ENT / 130 $97.74
Senior Engineering Tech. 7 ENT / 131 $121.16
Senior Engineering Tech. 8 ENT I 132 $141.34
Senior Engineering Tech. 9 ENT I 133 $166.19
De artment Tech Coordinator ENT I 134 $182.64
Finance (FIN) Project Accountinq Associate 2 FIN ! 002 $53.09
Projec[ accounting and invoice preparation. Project Accounting Associate 3 FIN / 003 $64.09
Financial Reporting Supervisor FIN ! 004 $79.35
Business Analysis Specialist 5 FIN I 005 $105.48
Business Analysis Specialist 6 FIN / 006 $117.11
Business Analysis Specialist 7 FIN ! 007 $142.47
Financial Grou Su ervisor FIN I 008 $161.45
Procurement (PCR) Procurement Specialist 1 PCR / 001 $55.76
Bidding and awarding of contracts and Procurement Specialist 2 PCR / 002 $66.92
purchase orders for equipment and Procurement Specialist 3 PCR / 003 $79.17
cans[ruction. Expediting of equipment Senior Procurement Spec. 4 PCR / 004 $93.87
delivery. Senior Procurement Spec. 5 PCR / 005 $112.41
Procurement Supervisor 6 PCR / 006 $126.41
Procurement Su ervisor 7 PCR / 007 $161.86
Exhibit C Black & Veatch
Energy Division
2012-2013 Power Delivery
Billing Rates
5al Plan /
Job Famil Title Sala Plan Title Grade Hourl Billin Rate
Project ConVols (PJC) Prolect Controls Specialist 1 PJC / 001 $72.66
Project planning, scheduling, and cost Project Controls Specialist 2 PJC! 002 $85.87
control. Project Controls Specialist 3 PJC / 003 $97.89
Senior Proj Controls Specialist PJC 1004 $116.88
Lead Proj Controls Professional PJC 1005 $135.59
Senior Proj Controls Manager PJC 1006 $154.95
5enior Pro' Controls Mana er PJC / 007 $184.93
Project Management (PMT) Project Manaqer 1 PMT / 01 $165.34
Overall management of projects, including Project Manager 2 PMT ! 02 $180.59
engineering, procurement, construction, Senior Project Manager 3 PMT / 03 $192.13
project scheduling and cost management. Project Director 1 PMT / 04 $199.30
Project Director 2 PMT I 05 $210.12
5enior Project Direc[or 3 PMT I 06 $224.54
Senior Projec[ Direc[or 4 PMT J 07 $250.20
Senior Pro'ect Direc[or 5 PMT / 08 $274.65
Specialized Services (SPC) Staff 5pecialist 2 SPC / 002 $67.18
Legal, scientific, economic and related Staff Specialist 3 SPC I 003 $55.74
services, including scien[ists, geologists, Staff Specialist 4 SPC / 004 $75.59
surveyors, environmen[alists, a[torneys, Staff Specialist 5 SPC I 005 $113.16
economists, etc. Senior Specialist 6 SPC / 006 $136.44
Senior Specialist 7 SPC / 007 $158.46
Senior S ecialist 8 SPC ! 008 $206.67
Owner Billings
Owner shall pay Engineer for the performance of Services the sum of the following amounts.
(1) The amount of each Black & Veatch Employee's Hourly Billing Rate, as stated
above, times the actual hours the Employee spends in performing the Services.
The rates shown are for straight time. Nonexempt employees are paid time-and-
one-half for overtime hours, which will increase their billing rate accordingly.
(2) The amount of $9.50 per hour charged to this project by Black & Veatch personnel
for office related expenses such as drawing and document reproduction, postage,
overnight delivery services, long distance telephone and fax charges, and use of
computers and software, etc.
(3) An amount equal to the actual out-of-pocket cost for travel and living expenses.
(4) The actual cost paid by the Engineer to subcontractors plus 10% of the actual
cost.
Notes:
1. Billing rates include all payroll burden, overheads, and profit.
2. Black & Veatch's accounting year consists of 12 periods, for a total of 2,080 working hours per
year.
3. Billing rates for 2012-2013 are listed in the table above, and are for the period from April 1,
2012 through March 31, 2013. Billing rates for 2013 and subsequent years are expected to
increase by 5 percent.
4. Billing rates will be automatically adjusted and increased by twenty-five percent (25%) for all
time charges directly associated with the preparation of and delivery of expert testimony.
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 content is prohibited.