2001-142 NO
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 Cotmcd deems it m the public ~nterest to engage the firm of Bums
& McDonnell Engmeenng Company, Inc, a M~ssoun Corporation, of Kansas City, M~ssoun
("B&M"), to provide professional eng~neenng and related services perttumng to approved
electrical power system projects for Denton Mumc~pal Electric, and
WHEREAS, the C~ty staff has reported to the C~ty Cotmcll that there ~s a substantial need
for the above-descnbed professional serwces, and that limited C~ty staff cannot adequately
perform the services and tasks w~th its own personnel, and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional
Services Procurement Act", generally prowdes that a City may not select a provider of
professional services on the bas~s of compeUUve b~ds, but must select the provtder on the bas~s of
demonstrated competence, knowledge, and qualfficat~ons, and for a fair and reasonable price,
and
WHEREAS, the City Council has prowded ~n the City Budget for the appropriation of
funds to be used for the purchase of the professional servmes, 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 ~s hereby authorized to execute a Professional
Servmes Agreement with Bums & McDonnell Engmeenng Company, Inc, of Kansas City,
Missouri, for professional engmeenng and related services pertmmng to approved electrical
power system projects for Denton Mtmlc~pal Electric, m substantmlly 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 ~s on the basis of the
demonstrated competence, knowledge, and quahficatlons of B&M and the abd~ty of B&M to
perform the professional servmes needed by the C~ty for a fair and reasonable price
SECTION 3 That the expenchture of funds as provided in the attached Professional
Servmes Agreement ~s hereby authorized
SECTION 4 That ttus ordinance shall become effective lmmedaately upon its passage
and approval
PASSED AND APPROVED th~s the ~ day of ~ ,2001
~UL1NE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
S \Our Documents\Ordmanees\0BBums & McDonnoll Engmeenng Co PSA-DME doc
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 ls made and entered into on the ,~//Z~day of ~,
200 l, by and between the City of Denton, Texas, a Texas Mtmlclpal Corporation,' 'with its pnnclpal
office at 215 East McKanney Street, Denton, Texas 76201 (hereinafter "OWNER"), and Bums &
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-authorized representataves and officers
WITNESSETIt, that m conslderalaon of the covenants and agreements herein contained, the
parties hereto do mutually AGREE as follows
ARTIC~T .F. I
EMPLOYMENT OF CONSULTANT
The OWNER hereby contracts w~th 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 chhgence 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 followmg described prelect (the "Project")
Professional engmeenng and other related services perta~mng 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")
ARTTC~T ,E lT
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 m the
letter from Steve Coleman, P E, Project Manager, T & D Division of CONSULTANT to
Chuck Sears, Engmeenng Admlmstrator, 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 flus Agreement, then the terms and conditions of this Agreement shall control
over the terms and conditions of the attached Exhibit
ARTICI ,F. Ill
OPINIONS OF PROBABLE COSTS
Oplmons of probable costs prepared by CONSULTANT relating to construction costs and
schedules, operation and mmntenance costs, equipment charactenstms 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 avmlainhty of
labor, material and equipment, labor productivity, construction contractor's procedures and
methods, unavoidable delays, construction contractor's method of determlmng prices, economic
conditions, competitive bidding or market conditions and other factors affecting such opunons 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
ARTICI ,F, IV
ADDITIONAL SERVICES
Any additional services to be performed by the CONSULTANT, if authorized by the
OWNER, winch are not mcinded as Basic Services in the above-described Scope of Services, set
forth as prowded by Article II heremabove, shall be later agreed-upon by OWNER and
CONSULTANT, who shall determine, mwntmg, the scope of such additional services, the mount
of compensation for such additional services, and other essential terms pertmmng to the provision
of such additional service by the CONSULTANT
ARTTC. 1,1~ V
PERIOD OF SERVICE
A This Agreement provides for a one-year term Tins 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 m force for the period that may reasonably be reqmred for the
completion of the ProJect activities, including Additional Services, if any, and any
reqmred extensions approved by the OWNER Tins Agreement may be sooner
terminated m accordance w~th the provisions hereof Time is a material consideration of
this Agreement CONSULTANT shall make all reasonable efforts to complete the
services set forth hereto 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 compleuon of the term of
,ttus Agreement at CONSULTANT'S then prevmlmg year 2001 standard billing rates
charged to mummpal governments, by a written amendment to tins Agreement approved
by the duly-anthonzed officers and representatives of the OWNER and CONSULTANT
AR'I'TCT ,F, 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 CONSLrLTANT related to its performance of this Agreement for long
dsstance telephone charges, telecopy charges, messenger services, pnnting and
reproduction expenses, out-of-pocket expenses for purchased computer t~me, prudently
incurred travel expenses related to the work on the Prolect, and similar incidental
expenses recurred m 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 completaon
of the Basle Serwces tasks set forth in the Scope of Servmes as shown in Article II above, as
follows
1 CONSULTANT shall perform ~ts work on this ProJect on an hourly fee basis, plus
reimbursement for all reasonably recurred out-of-pocket expenses, b~lled monthly
CONSULTANT shall bill from time sheets, ~n mnumum one half (1/2) hour increments of
trine, at the rates set forth m 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, wbach ~s attached hereto as
Exlublt "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 m the Project, a total mount not to exceed $120,000 00
2 Partml 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 Elecmc Ut~htles or her designee However, under no c~rcumstances shall any
monthly statement for services exceed the value of the work performed at the time a
statement is rendered
3 Nottung contained m this Article shall reqmre the OWNER to pay for any work that ~s
not submitted m compliance w~th the terms of tlus Agreement OWNER shall not be
reqmred to make any payments to CONSULTANT at any t~me when CONSULTANT ~s ~n
default under thas Agreement
4 It is specifically understood and agreed that the CONSULTANT shall not be
anthonzed to undertake any work pursuant to thts Agreement whmh would require additional
payments by the OWNER for any charge, expense or m~mbursement above the not-to-exceed
amount as stated heremabove, without first hawng obtmned the prior written authorization
from the OWNER CONSULTANT shall not proceed to perform any services to be later
provided for under Article IV "Addatlonal Serwces" w~thout first obtmmng prior written
authorization from the OWNER
C ADDITIONAL SERVICES For ad&tlonal services anthonzed in writing by the OWNER
in Artmle IV heremabove, CONSULTANT shall be prod based on a to-be-agreed-upon
Schedule of Charges Payments for addlhonal servmes shall be due and payable upon
submlssxon by the CONSULTANT, and shall be ~n accordance w~th Amcle VI B
heremabove Statements for Basra Services and any Additional Services shall be submitted
to OWNER no mom frequently than once monthly
D PAYMENT If the OWNER fatls to make payments due the CONSULTANT for services
and expenses w~tfun 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 (1%) per month from and after the smd forty-fifth (45th) day, and in addition,
thereafter, the CONSULTANT may, after g~wng ten (10) days written not,ce to the OWNER,
suspend servmes under ttus Agreement until the CONSULTANT has been prod m full for all
amounts than due and owing, and not d~sputed by OWNER, for services, expenses and
charges Prowded, however, nothing here~n shall require the OWNER to pay the late charge
of one percent (1%) per month as set forth here~n, if the OWNER reasonably determines that
the CONSULTANT's work ~s not submitted ~n accordance with the terms of this Agreement,
in accordance w~th Amcle VI B of this Agreement, and OWNER has not~fied
CONSULTANT of that fact m writing
E MODIFICATION OF SERVICES In the event and to the extent that an act or omlss~on
of OWNER, or any error or change m OWNER-provided information, or change in law, or
event of force majeure affects the servmes or increases CONSULTANT'S costs,
CONSULTANT shall be entitled to a change to the services and an eqmtable adjustment in
the compensatxon, as appropriate CONSULTANT shall propose such changes ~n services
and any eqmtable adjustment ~n compensation in writing, and OWNER shall accept or
d~spute such proposal ~n writing w~thm fifteen days of receipt of CONSULTANT'S proposal
AR TIC. T .g. VII
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due diligence in dmcovenng and
promptly reporting to the OWNER any defects or deficiencies ~n the work of CONSULTANT
ARTICI.F. VIII
OWNERSHIP OF DOCUMENTS
All original documents prepared or furmshed by the CONSULTANT pursuant to this
Agreement are msmunents of serwce and shall become the property of the OWNER upon the
termination of ttus Agreement The CONSULTANT is entitled to retmn cop~es of all such
documents The documents prepared and furnished by the CONSULTANT are ~ntended only to be
applicable to flus project and OWNER's use of these documents m 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 hereto any of the information or materials developed pursuant
to this agreement, CONSULTANT ~s released from any and all liability relating to their use in that
project
ArTTCT,~ T¥
1NDE?ENDEN? CONTI~s~C?OR
CONSU~TAN~ shall prowde s~'wces to OWN~,R ~ em ~ndependent contractor, not as ~
employee of the OWNER CONSULTANT shall not have or claim any right ansmg from
employee status
ARTICLE X
INDEMNITY AGREEMENT
A The CONSULTANT shall ]ndemmfy and save and hold harmless the OWNER and
officmls, officers, agents, attorneys and employees from and against any and all habfl]ty, claims,
demands, damages, losses and expenses, including but not hm]ted to court costs and reasonable
attorney fees incurred by the OWNER, and mclud]ng without hm]tatlon damages for bodily and
personal injury, death, or property damage, resulting from the neghgent acts or omissions of the
CONSULTANT or its officers, shareholders, agents, attorneys and employees ~n the execution,
operation, or performance ofth~s Agreement
B Notlung in ti'ns Agreement shall be construed to create a habfl]ty to any person who is not a
party to tlus Agreement and nothmg herein shall wmve any of the party's defenses, both at law or
equity, to any clmm, cause of act]on or ht]gation filed by anyone not a party to tins Agreement,
including the defense of governmental ]mmumty, which defenses are hereby expressly reserved
C Promded however, m no event shall CONSULTANT'S total habfi~ty under tlus Agreement
in the aggregate, exceed $1,000,000
D In no event will CONSULTANT be hable for any specml, mchrect or consequentml damages
including, without hm]tat~on, damages or losses in the nature of increased project costs, loss of
revenue and profit, lost product]on, clmms by customers of OWNER, or governmental fines or
penalties
ARTICT ,F, XI
INSURANCE
Dunng the performance of the Services under tlus Agreement, CONSULTANT shall
mmntmn the followmg msurance with an insurance company hcensed to do bus]ness in the State of
Texas by the State Insurance Board or any successor agency, that has a rating with A M Best Rate
Careers of at least an "A-" or above
A Commercial General Liability Insurance with bodily injury hmlts of not less than $500,000
for each occurrence and not less than $500,000 m the aggregate, and with property damage
hmlts of not less than $100,000 for each occurrence and not less than $100,000 in the
aggregate
B Automobile Lmbfl]ty Insurance with bodily ~njury hm]ts of not less than $500,000 for each
person and not less than $500,000 for each acc]dent and with property damage hm~ts for not
less than $100,000 for each accident
C Worker's Compensation Insurance in accordance w~th statutory reqmrements, and
Employer's Liability Insurance with lmaltS of not less than $100,000 for each acmdent
D Professional Lmbfllty Insurance and/or Errors & Omms~ons Insurance w~th hmlts of not less
than $500,000 annual aggregate
E CONSULTANT shall furmsh insurance certfficates to OWNER to ewdence such coverages
The insurance certfficates shall name the OWNER as an add~tmnal ~nsured on all such
pohcms, to the extent that is legally posmble, and shall contain a provision that such
insurance shall not be cancelled or modffied wathout thxrty (30) days prior written notxce to
OWNER and CONSULTANT In such event, the CONSULTANT shall, prior to the
effective date of the change or cancellatxon of coverage, dehver copxes of certfficates,
futmsbang at least the same pohcy hmlts and coverage, to OWNER
AR TTCT,F~ XII
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The part,es may agree to settle any disputes under tlus Agreement by submitting the dmpute
to arbitration or other means of alternate d~spute resolution such as medaat~on No arbitration or
alternate dispute resolution arising out of or relating to, th~s Agreement ~nvolwng one party's
d~sagreement may include the other party to the d~sagreement without the other's approval
ARTICI ,F, XITT
TERMINATION OF AGREEMENT
A Notwithstanding any other prows~on of th~s Agreement, e~ther party may terminate th~s
Agreement by providing tturty (30) days advance written notme to the other party
B Th~s Agreement may alternatively be terminated ~n whole or ~n part m the event of e~ther
party substantmlly ftulmg to fulfill ~ts obhgatlons under th~s Agreement No such termination
wall be effected unless the other party ~s g~ven (1) written notme (dehvered by certffied mml,
remm receipt requested) of ~ntent 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
fmlure, and (2) an opportunity for consultation w~th the terminating party prior to
termination
C If the Agreement ~s terminated prior to completaon of the services to be prowded hereunder,
CONSULTANT shall ~mmedmtely cease all servtces upon receipt of the written not,ce of
termination from OWNER, and shall render a final b~ll for services to the OWNER w~th~n
twenty (20) days after the date of tennmatmn The OWNER shall pay CONSULTANT for
all sermces properly rendered and satisfactorily performed, and for reimbursable expenses
prior to notice of termination being received by CONSULTANT, ~n accordance w~th Artmle
VI of this Agreement Should the OWNER subsequently contract w~th a new consultant for
the continuation of services on the ProJect, CONSULTANT shall cooperate ~n prowchng
mformat~on to the OWNER and to the new consultant If applicable, OWNER shall allow
CONSULTANT a reasonable t~me 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 th~s Agreement to the OWNER on or before the date of
tennmat~on, but may mmntmn copies of such documents for its files
ARTIC~I ,P, 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 hablhty of the CONSULTANT, its officers, employees, or agents, for the
accuracy and competency of their work performed pursuant to tins 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 pnnmpals, officers, employees, and
agents
ARTTCI.~ XV
NOTICES
All notmes, commumcatlons, and repons mqmred or permitted under tins Agreement shall be
personally delivered to, or telecopled to, or totaled to the respective parties by depositing same in
the Umted States mai at the addresses shown below, postage prepmd, certified real, remm receipt
requested, unless otherwise specified herein
To CONSULTANT To OWNER
Bums & McDonnell City of Denton, Texas
Steve Coleman, P E, Project Manager City Manager
9400 Ward Parkway 215 East McK~uney
Kansas City, Missouri 64114-3319 Denton, Texas 76201
Fax (816) 333-3690 Fax (940) 349-8596
All not~ces provided under tins Agreement shall be effective upon their actual receipt by the
party to whom such notice is given, or three (3) days after mmhng of the notice, whichever event
shall first occur
ARTICI .F, XVI
ENTIRE AGREEMENT
Tlus 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, d~scusslons, communications, understandings, and
agreements winch may have been made in connection with the subject matter of this Agreement
ARTTC. T J~ 5(VTI
SEVERABILITY
If any provlmon of this Agreement is found or deemed by a court of competent j unsdmtion to
be invalid or unenforceable, it shall be considered severable from the remmnder of this Agreement,
and shall not cause the remmnder to be invalid or unenfomeable In such event, the parties shall
reform tins Agreement, to the extent reasonably possible, to replace such stricken provision with a
valid and enforceable pmwslon wbach comes as close as possible to expressing the original
intentions of the part~es respecting any such stricken prows~on
All TTCI.F. XVTTT
COMPLIANCE WITH LAWS
CONSULTANT shall comply w~th all federal, state, local laws, roles, regulations, and
ordinances apphcable to the work performed by CONSULTANT hereunder, as they may now read
or as they may hereafter be mended
ARTTCT .g. XTX
DISCRIMINATION PROHIBITED
In performing the services reqmred hereunder, CONSULTANT shall not d~scnm~nate agmnst
any person on the bas~s of race, color, religion, sex, national origin or ancestry, age, or physical
handicap
ARTICI.~ ~X'Z
PERSONNEL
A CONSULTANT represents that ~t has or wall secure at its own expense all personnel reqmred
to perform all the services reqmmd under th~s Agreement Such personnel shall not be
employees or officers of, nor have any contractual relations w~th the OWNER
CONSULTANT shall ~mmed~ately reform the OWNER ~n writing of any conflict of interest
or potentml conflict of ~nterest that CONSULTANT may thscover, or which may arise dunng
the term ofth~s Agreement
B OWNER reqmres that CONSULTANT carefully safeguard all documents, data, and
information prowded by OWNER to CONSULTANT ~nmdent to th~s engagement
CONSULTANT recogmzes that such documents, data, and information, ~nvolve sensitive,
competltave ~ssues, m some cases, confidential lnformat~on, and in some cases proprietary
mformat~on, and the dasclosure of such ~nformatlon by CONSULTANT to any third party,
without the express written consent of OWNER, ~s expressly probab~ted by OWNER, and
would hkely cause economm loss and detriment to OWNER Any such unauthorized
dmelosure of reformation by CONSULTANT shall constitute an act of default respecting this
Agreement CONSULTANT represents to OWNER that it w~ll safeguard OWNER's
mformatlon and wall, upon OWNER'S reasonable request, provide OWNER w~th
CONSULTANT'S pohmes mgarchng ~ts procedures for ldentlfytng conflicts of interest, and
~ts procedures and safeguards wtuch are in place which would apply to CONSULTANT'S
treatment and handling of OWNER'S documents, data, and mformat~on dunng this
engagement
C All services reqmred hereunder will be performed by CONSULTANT or under ~ts d~rect
superv~slon All personnel engaged m performing the work prowded for m this Agreement,
shall be qualffied, and shall be authorized and permitted under apphcable state and local laws
to perform such senqces
ARTTCI,~ XX'I
ASSIGNABILITY
The CONSULTANT shall not assign any interest m th~s Agreement and shall not transfer
any interest m th~s Agreement (whether by assignment, novation or otherwme) without the prior
written consent of the OWNER CONSULTANT shall promptly notify OWNER of any change of
~ts name as well as of any material change in ~ts corporate structure, its location, and/or m its
operations
ARTTCT ,1~, X~'TT
MODIFICATION
NO wmver or modfficat~on of tlus Agreement or of any covenant, condatlon, hmltat~on here~n
contmned shall be vahd unless m writing and duly executed by the party to be charged therewith
No ewdence of any waiver or modfficat~on shall be offered or received ~n evidence in any
proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or
obhgat~ons of the parties hereunder, unless such wmver or modification is in writing, duly
executed The parties further agree that the provisions of this Article w~ll not be wmved unless as
here~n set forth
ARTICI.F. XXIII
MISCELLANEOUS
A CONSULTANT agrees that OWNER shall, untd the explratmn of three (3) years after the
final payment made by OWNER under this Agreement, have access to and the right to
examine any d~rectly pertinent books, documents, papers and records of the CONSULTANT
lnvolmng transacttons relating to flus Agreement CONSULTANT agrees that OWNER
shall have access during normal working hours to all necessary CONSULTANT faclht~es and
shall be prowded adequate and appropriate working space ~n order to conduct examtnat~ons
or audits in compliance w~th tlus Article OWNER shall g~ve CONSULTANT reasonable
advance notme of all intended examinations or audits PROVIDED HOWEVER, that the
basis of CONSULTANT'S fixed price, fixed hourly rates, or fixed salary multipliers 0f
applicable) shall not be subject to audit
B Venue of any stat or cause of action under th~s Agreement shall lie exclusively in Denton
County, Texas This Agreement shall be govemed by and construed ~n accordance w~th the
laws of the State of Texas
C For purposes of tbas Agreement, the parties agree that Steve Coleman, P E, of
CONSULTANT, and ProJect Manager, T & D Division of the Kansas C~ty, M~ssoun office
of CONSULTANT ("Coleman") shall serve as the ProJect Manager of CONSULTANT
mspeet~ng this engagement, shall develop the scope of servmes w~th OWNER'S designated
employees, and shall oversee all eng~neenng actlwtles 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 th~s 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
using other qualified and competent members of ~ts firm to perform the other services
reqmred herem, under ~ts supervision or control
D CONSULTANT shall commence, carry on, and complete ~ts work on the Project w~th all
apphcable d~spatch, and m a sound, econormcal, efficient manner, and m accordance w~th the
engmeermg standards apphcable to the services, and the prows~ons hereof In accomphshmg
the Pro.~ect, CONSULTANT shall take such steps as are appropriate to ensure that the work
revolved is properly coordinated w~th related work being canued on by the OWNER
E The OWNER. shall assist the CONSULTANT by placing at the CONSULTANT's disposal
all avmlable mformat~on per~anent to the Project, including prewous reports, any other data
relative to the Project and arranging for the access to, and make all provisions for the
CONSULTANT to enter m or upon, public and private property as required for the
CONSULTANT to perform professional services under th~s Agreement OWNER. and
CONSULTANT agree that CONSULTANT ~s entitled to rely upon mformat~on furmshed to
~t by OWNER w~thout the need for further mqmry or investigation ~nto such ~nformat~on
F The captions of this Agreement are for mformat~onal purposes only and shall not m any way
affect the substantive terms or conditions of th~s Agreement
1N WITNESS WHEREOF, the C~ty of Denton, Texas has executed th~s Agreement m four
(4) ongmal counterparts, by and through ~ts duly authorized C~ty Manager, and CONSULTANT
has e×e ut by andduly authorized unde l ed of cer, on th s the
~ ~ day of ~O/LG~ ,2001
"CITY"
CITY OF DENTON, TEXAS
-~I~w-~d~M~rt~n, Xct~g C~ty Manager
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
"CONSULTANT"
BURNS & MCDONNELL ENGINEERING
COMPANY, 1NC
A M~ssoun Corporation
ATTEST
February 5, 2001
Mr Chuck Sears
Eng~neenng Adm~mstrator
C~ty of Denton
901-A Texas Street
Denton, Texas 76201
C~ty of Denton, Texas
Professional Engtneenng Servmes for
Capital Improvement Plan Approved Prolects
Dear Mr Sears
We are pleased to prowde th~s proposal for eng~neenng services which you requested
Bums & McDonnell ~s an enganeenng firm estabhshed ~n 1898, w~th headquarters ~n Kansas C~ty,
M~ssoun, and hcensed to perform work ~n the State of Texas W~th approximately 1400
employee-owners, Bums & McDonnell performs work ~n many areas of design and construction
Approximately 80 employee-owners are engaged ~n the Transmass~on and D~stnbut~on D~ws~on,
performing system studies, design, drafting, and construction services for transmission hnes,
substatmns, d~stnbut~on hnes, and commumcat~on systems
Prolect
Provade power system relay protection and control design support for approved Capttal
Improvement Plan projects for a period of one year from date of s~gmng
Scope of Servmes
The following ~s our understanding of the Scope of Servmes to be prowded by Bums &
McDonnell
Determine the relays and controls necessary for approved Capital Improvement Plan
substatmn and transmission projects
2 Promde the designs for the relay and control projects ~dent~fied ~n Item 1 to include panel
layouts, terminal block layouts, and other drawings and documentation necessary to
describe the designs
3 Prowde cop~es of all documentation m hard copy and electromc formats
9400 Ward P~rkwa~,
Kansas Ctty Missou. 64114 3319 ~ ~ (~ ~1' '~ /~ ~
Tel 816 333 9400
Fax B16 333 3690
~ barnsmcd corn
Mr Chuck Sears
February 5, 2001
Page 2
Prolect Orgamzatlon
Bums & McDonnell proposes to utilize the following personnel for th~s project
· Steve Coleman will act as Project Manager and perform quahty rewew of the work Mr
Coleman has 26 years of experience In electrical power systems, mcludmg relay
coordinanon and project management Mr Coleman ~s presently the System Studies
Department Manager
· Dave Stewart will determine the required relays and controls Mr Stewart is a Relay and
Controls Engineer w~th Bums & McDonnell, with over 30 years experience in relay
coordination
Responsibilities of the City of Denton
It is our understanding the City of Denton wall provide the following
Provide full information as to the City of Denton's requirements for the ProJect
2 The City of Denton will provide all data necessary for the performance of th~s design,
which Bums & McDonnell may rely upon in performing our services for th~s Project
3 Prowde personnel to accompany Bums & McDonnell's representative(s) as may be
necessary for Bums & McDonnell to perform our services
4 Designate in wnUng a person to act as the City of Denton's representaUve with respect to
the services to be performed for this ProJect Such person shall have complete authority to
transn~uTinstmctlons, receive reformation, ~nterpret and define the City of Denton's
pohc~es and decisions with respect to materials, equipment, elements and systems to be
used m the Pro.leet
Compensation
1 Amount of Payment
For semces performed, the C~ty of Denton shall pay Bums & McDonnell the sum of the
foIlowlng
a For Ume expended by personnel, payment at the hourly rates ~ndlcated m the attached
"Schedule of Hourly Professional Service Billing Rates" The schedule is effective to
December 31,2001, and will be rewsed annually
Mr Chuck Sears
February 5, 2001
Page 3
b For reproduction, pnnt~ng, long distance telephone calls, fax services, vehicles, testing
apparatus, and computer usage, amounts as determined from Bums & McDonnell's
schedule of rates ~n effect at the time the service ~s provided
2 Statements
Monthly statements, in Bums & McDonnell's standard format, will be submitted by Bums
& McDonnell to the City of Denton for payment covenng services performed and
expenses recurred dunng the preceding month Statements w~ll set forth the hours
expended and classfficatmn for each person on the project, total hours expended for each
classfficatmn, the total labor b~lhng, and a summary of other expenses and charges
We appreciate the opportumty to serve the C~ty of Denton If you have any questmns regarding
th~s proposal, please contact Steve Coleman at 816/822-3471
S~ncerely,
BURNS & McDONNELL ENGINEERING CO, INC
Steven P Coleman, P E
ProJect Manager
T&D D~wston
SPC/spc
Enclosures
Schedule of Hourly Professional Service Billing Rates
Position Classification Hourly
Classification Level B~llmg Rate
General Office * 5 $44 50
Technician * 6 $46 00
Assistant * 7 $52 50
8 $72 00
9 $79 00
Staff * 10 $87 50
11 $95 50
Sen~or 12 $104 00
13 $112 50
Associate 14 $124 50
15 $129 50
Pnnc~pal 16 $138 00
17 $143 00
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 posthons as "Associate Engineer~ Senior Aroh&tect' etc
2 The hourly rates shown above are effective for services through December 31_~2001 and are subject to revls~on
thereafter
3 For any nonexempt personnel ~n positions marked w~th an asterisk (*) overtime will be billed at 1 5 t~roes the hourly
labor b~lllng rates shown
4 Project time spent ~3y 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 b~lled for normal computer usage computer aided drafting
(CAD) telephone, fax, photocopy and mall services Specialty items are n~o,t included in the technology charge
7 Monthly invoices will be submitted for payment covedng services and expenses dunng the preceding month
Invoices are due upon receipt A late payment charge of 1 5% per month will be added to all amounts not pa~d
within 30 days of the invoice date
Form BMR1001