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HomeMy WebLinkAboutResolution - 2020-R0277 - Professional Services Contract 15239, Signature Automation, LLCResolution No. 2020-RO277 Item No. 7.10 August 25, 2020 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Professional Services Agreement, Contract No. 15239, for SCADA Integrator & Programming Services, per RFQ 20-15239-MW, by and between the City of Lubbock and Signature Automation, LLC, of Addison, Texas, and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on ATTEST: August 25, 2020 DANIEL M. POPE, AYOR 0-d� J\C Rebe ca Garza, City Secret APPROVED AS TO CONTEN .lesica McE chern, Assistant City Manager APPROVED AS TO FORM: vw:ccdocs;'RES.Agrmt Contract 15239 SCADA Integrator & Programming Services July 29, 2020 Resolution No. 2020-RO277 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement") Contract No. 15239 is entered into this 25th day of August , 2020, is by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and Signature Automation, LLC. (the" Engineer"), a Texas corporation. WITNESSETH WHEREAS, The City desires to contract with the Engineer to provide on -call engineering for SCADA Integrator and Programming Services, (the "Activities"); and WHEREAS, the Engineer has a professional staff experienced and is qualified to provide professional engineering services related to Activities, and will provide the services, as defined below, for the price provided herein, said price stipulated by the City and the Engineer to be a fair and reasonable price; and WHEREAS, the City desires to contract with the Engineer to provide professional services related to the Activities, and Engineer desires to provide the Services related to same. NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this Agreement, the City and the Engineer hereby agree as follows: ARTICLE I. TERM The tern of this Agreement commences on the Effective Date and continues without interruption for a term of twelve (12) months. This contract may be renewed for up to four additional one-year terms upon mutual agreement by the City and the Engineer. If the Engineer determines that additional time is required to complete the Services, the City Engineer, may, but is not obligated to, in his or her discretion, execute an agreement to grant up to an additional six (6) months of time so long as the amount of the consideration does not increase. An amendment to this Agreement resulting in an increase in the amount of the consideration must be approved by the City acting through its governing body. Page 1 of 14 ARTICLE IL SERVICES AND COMPENSATION A. The Engineer shall receive as consideration to be paid for the performance of the Services, in Description of Services and Related Matters as set forth in Exhibit "A". B. The Engineer shall receive as consideration to be paid for the performance of the Services, in annual amount not to exceed $100,000.00 as set forth in Exhibit "B, 2020 Time and Materials Billing Rate". The hourly rate schedule may be adjusted each January to reflect cost of living adjustments to be submitted to Purchasing and Contract Management Department. ARTICLE III. TERMINATION A. General. The City may terminate this Agreement, for any reason or convenience, upon thirty (30) days written notice to the Engineer. In the event this Agreement is so terminated, the City shall only pay the Engineer for services actually performed by the Engineer up to the date the Engineer is deemed to have received notice of termination, as provided herein. B. Termination and Remedies. In the event the Engineer breaches any term and/or provision of this Agreement, the City shall be entitled to exercise any right or remedy available to it by this Agreement, at law, equity, or otherwise, including without limitation, termination of this Agreement and assertion of an action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any right or remedy and all rights and remedies shall be cumulative. ARTICLE IV. NON - ARBITRATION The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this Agreement, this provision shall control. ARTICLE V. REPRESENTATIONS AND WARRANTIES A. Existence. The Engineer is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas and is qualified to carry on its business in the State of Texas. B. Corporate Power. The Engineer has the corporate power to enter into and perform this Agreement and all other activities contemplated hereby. Page 2 of 14 C. Authorization. Execution, delivery, and performance of this Agreement and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part of the Engineer. This Agreement constitutes legal, valid, and binding obligations of the Engineer and is enforceable in accordance with the terms thereof. D. Engineer. The Engineer maintains a professional staff and employs, as needed, other qualified specialists experienced in providing the Services, and is familiar with all laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the Activities contemplated hereby. E. Performance. The Engineer will and shall conduct all activities contemplated by this Agreement in accordance with the standard of care, skill and diligence normally provided by a professional person in performance of similar professional services, and comply with all applicable laws, rules, and regulations, both state and federal, relating to professional services, as contemplated hereby. F. Use of Copyrighted Material. The Engineer warrants that any materials provided by the Engineer for use by City pursuant to this Agreement shall not contain any proprietary material owned by any other party that is protected under the Copyright Act or any other law, statute, rule, order, regulation, ordinance or contractual obligation relating to the use or reproduction of materials. The Engineer shall be solely responsible for ensuring that any materials provided by the Engineer pursuant to this Agreement satisfy this requirement and the Engineer agrees to indemnify and hold City harmless from all liability or loss caused to City or to which City is exposed on account of the Engineer's failure to perform this duty. ARTICLE VI. SCOPE OF WORK The Engineer will provide SCADA software maintenance and support services as requested, as directed and as defined by the City. Services are anticipated to include, but not be limited to: providing inspection of SCADA equipment; consultation service regarding software upgrades; performance of said upgrades; programming and configuration mondifications to the SCADA system software; SCADA related training to City's personnel; assistance with documenting existing programs; control system design assistance and other technical assistance related to the SCADA systems and control devices within the City's facilities. The services shall be performed on either a planned or emergency basis. Planned services are defined as services that are scheduled in advance with an agreement between CITY and ENGINEER on a reasonable start date for services. Emergency services are defined as services that are required without any advance notice and which require immediate response by the ENGINEER. Page 3 of 14 ARTICLE VII. INDEPENDENT CONTRACTOR STATUS The Engineer and the City agree that the Engineer shall perform the duties under this Agreement as an independent contractor and shall be considered as independent contractor under this Agreement and/or in its activities hereunder for all purposes. The Engineer has the sole discretion to determine the manner in which the Services are to be performed. During the performance of the Services under this Agreement, the Engineer and the Engineer's employees and/or sub -consultants, will not be considered, for any purpose, employees or agents of the City within the meaning or the application of any federal, state or local law or regulation, including without limitation, laws, rules or regulations regarding or related to unemployment insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind. ARTICLE VIII. INSURANCE The Engineer shall procure and carry, at its sole cost and expense through the life of this Agreement, except as otherwise provided herein, insurance protection as hereinafter specified, in form and substance satisfactory to the City, carried with an insurance company authorized to transact business in the state of Texas, covering all aspects and risks of loss of all operations in connection with this Agreement, including without limitation, the indemnity obligations set forth herein. The Engineer shall obtain and maintain in full force and effect during the term of this Agreement, and shall cause each approved subcontractor or sub -consultant of the Engineer to obtain and maintain in full force and effect during the term of this Agreement, commercial general liability, professional liability and automobile liability coverage for non - owned and hired vehicles with insurance carriers admitted to do business in the state of Texas. The insurance companies must carry a Best's Rating of A-VII or better. Except for Professional Liability, the policies will be written on an occurrence basis, subject to the following minimum limits of liability: Commercial General Liability: Per Occurrence Single Limit: $1,000,000 General Aggregate Limit: $2,000,000 Professional Liability: Combined Single Limit: $2,000,000 Automobile Liability: Combined Single Limit for any auto: $1,000,000 Per Occurrence Employer's Liability: Per Occurrence Single Limit: $1,000,000 Worker's Compensation Per Occurrence Single Limit: $500,000 Page 4 of 14 The Engineer shall further cause any approved subcontractor or sub -consultant to procure and carry, during the term of this Agreement, the insurance coverage required of Engineer herein, including without limitation, Professional Liability coverage, protecting the City against losses caused by the professional negligence of the approved subcontractor or sub -consultant. The City shall be listed as a primary and noncontributory additional insured with respect to the Automobile Liability and Commercial General Liability and shall be granted a waiver of subrogation under those policies. The Engineer shall provide a Certificate of Insurance to the City as evidence of coverage. The Certificate shall provide 30 day's notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy shall be included in the Certificate. The Engineer shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, the Engineer shall maintain said coverage throughout the term of this Agreement and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Engineer maintains said coverage. The Engineer may maintain Occupational Accident and Disability Insurance in lieu of Worker's Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City. if at any time during the life of the Agreement or any extension hereof, the Engineer fails to maintain the required insurance in full force and effect, the Engineer shall be in breach hereof and all work under the Agreement shall be discontinued immediately. Notwithstanding anything contained herein to the contrary, the professional liability policy shall be maintained at the Engineer's sole cost and expense. The retroactive date shall be no later than the commencement of the performance of this Agreement and the discovery period (possibly through tail coverage) shall be no less than 10 years after the completion of the Services provided for in this Agreement. The provisions of this Article VIII shall survive the termination or expiration of this Agreement. ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS The Engineer may employ or retain consultants, contractors, or third parties (any of which are referred to herein as "Sub -consultant"), to perform certain duties of Engineer, under this Agreement, provided that the City approves the retaining of Sub -consultants. The Engineer is at all times responsible to the City to perform the Services as provided in this Agreement and the Engineer is in no event relieved of any obligation under this Agreement upon retainage of any approved Sub -consultant. Any agent and/or Sub -consultant retained and/or employed by the Engineer shall be required by the Engineer to carry, for the protection and benefit of the City and the Engineer and naming said third parties as additional insureds, insurance as described above required to be carried by the Engineer in this Agreement. The Engineer represents that such services are either under applicable value thresholds or are otherwise exempt from notice and/or bid requirements under Texas Law. Page 5 of 14 ARTICLE X. CONFIDENTIALITY The Engineer shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. ARTICLE X. INDEMNITY THE ENGINEER SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK AND ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE, OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO OR OCCASIONED BY, THE NEGLIGENT ACTS OF THE ENGINEER, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS AGREEMENT AND/OR THE USE OR OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. ARTICLE XIL COMPLIANCE WITH APPLICABLE LAWS The Engineer shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Agreement, and any amendments thereto. ARTICLE XIII. NOTICE A. General. Whenever notice from the Engineer to the City or the City to the Engineer is required or permitted by this Agreement and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand (in which case such notice shall be effective upon delivery); (2) facsimile (in which case such notice shall be effective upon delivery); or (3) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. B. Engineer's Address. The Engineer's address and numbers for the purposes of notice are: Henry "Rick" Hidalgo, P.E., President Signature Automation, LLC 14677 Midway Road, Suite 212 Addison, Texas 75001 Telephone: (469) 619-1241 Facsimile: (469) 619-1242 Page 6 of 14 C. City's Address. The City's address and numbers for the purposes of notice are: Aubrey A. Spear, P.E., Director of Water Utilities City of Lubbock Water Utility Administration 406 Municipal Drive Lubbock, Texas 79457 Telephone: (806) 775-2585 Facsimile: (806) 775-3027 D. Change of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party as provided herein, referring specifically to this Agreement, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. ARTICLE XIIV. CITY -PROVIDED DATA AND RESPONSIBILITIES Provision of Data. The City shall furnish the Engineer non -confidential studies, reports and other available data in the possession of the City pertinent to the Engineer's Services, so long as the City is entitled to rely on such studies, reports and other data for the performance of the Engineer's Services under this Agreement (the "Provided Data"). The Engineer shall be entitled to use and rely, so long as such reliance is reasonable, upon all such Provided Data. ARTICLE XV. MISCELLANEOUS A. Captions. The captions for the articles and sections in this Agreement are inserted in this Agreement strictly for the parties' convenience in identifying the provisions to this Agreement and shall not be given any effect in construing this Agreement. B. Audit. The Engineer shall provide access to its corporate books and records to the City. The City may audit, at its expense and during normal business hours, the Engineer's books and records with respect to this Agreement between the Engineer and the City. C. Records. The Engineer shall maintain records that are necessary to substantiate the services provided by the Engineer. D. Assignability. The Engineer may not assign this Agreement without the prior written approval of the City. E. Successor and Assigns. This Agreement binds and inures to the benefit of the City and the Engineer, and in the case of the City, its respective successors, legal representatives, and assigns, and in the case of the Engineer, its permitted successors and assigns. F. Construction and Venue. Page 7 of 14 THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS AGREEMENT IS PERFORMABLE IN LUBBOCK COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE SOLE AND EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF COMPETENT JURISDICTION OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. G. Severability. If any provision of this Agreement is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstance, the remainder of this Agreement and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. H. Amendment. No amendment, modification, or alteration of the terms of this Agreement shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Agreement, and duly authorized and executed by the Engineer and the City. I. Entire Agreement. This Agreement, including Exhibits "A" through "B" attached hereto, contains the entire agreement between the City and the Engineer, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal — agent relationship between the Engineer and the City. K. Documents Owned by City. Any and all documents, drawings and specifications prepared by Engineer as part of the Services hereunder, shall become the property of the City when the Engineer has been compensated as set forth in Article II, above. The Engineer shall make copies of any and all work products for its files. L. Notice of Waiver. A waiver by either the City or the Engineer of a breach of this Agreement must be in writing and duly authorized to be effective. In the event either party shall execute and deliver such waiver, such waiver shall not affect the waiving parry's rights with respect to any other or subsequent breach. M. Third Party Activities. Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than the City and the Engineer. N. Non -Appropriation. All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the services provided under the Agreement, the City will terminate the Agreement, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the services covered by this Agreement is spent, whichever event occurs fast (the "Non - Appropriation Date'). If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall Page 8 of 14 be accepted by the Fngineer on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this Agreement beyond the Non -Appropriation Date. O. SB 252. SB 252 prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization. P. No Boycott of Israel. Pursuant to Section 2270.002 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2270.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. Q. Texas Public Information Act. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body. REMAINDER OF PAGE LEFT BLANK INTENTIONALLY Page 9 of 14 EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK ATTEST: ED AS TO CONTENT: A. Spear,.E., Director of Water Utilities APPROVED AS TO FORM: Amy 911—m DANIEL M. POPE, MAYOR FIRM: SIGNATURE AUTOMATION, LLC By: Hei Pre Page 10 of 14 EXHIBIT A TO PROFESSIONAL SERVICES CONTRACT BETWEEN CITY OF LUBBOCK AND SIGNATURE AUTOMATION, LLC DESCRIPTION OF SERVICES AND RELATED MATTERS This is an exhibit attached to and made a part of this Agreement between City of Lubbock (the "CITY') and Signature Automation, LLC ("ENGINEER") for the following professional services. SCADA INTEGRATOR AND PROGRAMMING SERVICES ENGINEER will provide maintenance and programming support services as needed and as directed by the CITY. The work will be performed on a Time and Materials basis utilizing the billing rate structure included in EXHIBIT B. For each assignment directed by the CITY, ENGINEER will provide an estimate to complete and will await written authorization from the CITY, prior to commencing the worts for that assignment. In all cases, costs to perform the services assigned by the CITY shall not exceed the estimate provided by the ENGINEER for the respective assignment. Task 1— Planned and Emergency Support ENGINEER will provide SCADA software maintenance and support services as requested, as directed and as defined by the CITY. Services are anticipated to include, but not be limited to: providing inspection of SCADA equipment; advice on software upgrades; performance of said upgrades; programming/configuration modifications to the SCADA system software; SCADA-related training to CITY's personnel; assistance in documenting existing programs; control system design assistance and other technical assistance related to the SCADA systems within the CITY's facilities. The services shall be performed on either a planned or emergency basis. Planned services are defined as services that are scheduled in advance with an agreement between CITY and ENGINEER on a reasonable start date for services. Emergency services are defined as services that are required without any advance notice and which require immediate response by the ENGINEER. ENGINEER proposes a formal protocol for providing and defining services in connection with this agreement as follows: Planned Services: During normal business hours, the CITY shall contact ENGINEER to request support services. Should ENGINEER not be available at the time of the initial call, ENGINEER agrees to respond to the initial request for service by contacting the CITY's point of contact within 4 hours of the initial call. Actual services shall be performed at a time that is mutually agreeable to both parties, but in all cases, ENGINEER shall avail themselves to commence performance of services within 10 business days of the date of the initial call from the CITY. For each request for planned services, ENGINEER shall provide a preliminary cost estimate to complete the work. Work will not commence until authorized by the CITY. Page 11 of 14 Emergency Services. During non -business hours or when CITY requires assistance immediately, CITY shall contact ENGINEER to request assistance. At the time of the initial call, CITY shall indicate to ENGINEER the urgency of the problem, and will email a description of the problem with details of any efforts that have already been made to resolve the problem. ENGINEER will attempt to diagnose the problem via telephone or by connecting via remote access to the SCADA system, if available. If ENGINEER is unable to diagnose and repair the problem remotely, ENGINEER will, at CITY's option, travel to the site within 24 hours of the initial call to provide onsite assistance. Each CITY request for planned or emergency support will result in a minimum assessment of one hour towards the total invoiced amount. Each onsite visit by ENGINEER personnel will result in a minimum assessment of four hours towards the total invoiced amount. The amount of time utilized for onsite support services shall include travel time to and from the facility. For desired services, the CITY shall contact ENGINEER's primary point of contact to coordinate the effort. Should the primary point of contact not be available, CITY shall contact ENGINEER's secondary point of contact as listed below. Primary Point of Contact Secondary Point of Contact Kevin Patel, P.E. Chris Hidalgo E-mail: knpatel@sig-auto.com E-mail: crhidalgo@sig-auto.com Office Phone: 469-619-1241 ext 103 Office Phone: 469-619-1241 ext 119 Mobile Phone: 469-267-0316 Mobile Phone: 214-681-4854 For all assignments, the responsibilities of the ENGINEER are as follows: A. For each request for service received from CITY, ENGINEER shall provide a Summary Report that will detail the date and time of the initial call, date and time of arrival in response to the call (if applicable), details of the request for service and details of the findings and action taken to address the service requested. These summary reports will be included with each monthly report and invoice. B. Should software changes be warranted as a result of the service provided, ENGINEER shall apprise CITY at the time of the service so that appropriate backups of the changes can be made and so that existing documentation can be updated. At the CITY's option, ENGINEER can provide services to backup and/or update the existing documentation as part of the service request. DELIVERABLES ■ Deliverables shall be defined at a later date based on the work defined in each individual request by the CITY for service. ASSUMPTIONS For the purposes of developing the costs associated with this effort, ENGINEER has assumed the following: a. CITY will provide access to CITY's vendor support network including access numbers, contact numbers, and related vendor support agreement contract information. b. CITY will provide a single point of contact to coordinate and assign the work to be performed. c. CITY shall assume responsibility for impact to any existing warranties for equipment on which CITY directs the performance of services for this contract. d. CITY will provide at no additional costs to ENGINEER, copies of all pertinent documentation related to the existing control system as provided in Article XV in this Contract. Page 12 of 14 e. The CITY's point of contact assigned to this project will coordinate with appropriate individuals for review of the work provided. f. ENGINEER shall invoice the CITY for each task performed based on the billing rates shown in EXHIBIT B. Invoices will be provided on a monthly basis for work performed during the previous month. ENGINEER reserves the right to escalate rates by no more than 2% for each calendar year should the work extend beyond a single calendar year. Expenses incurred shall be included on all invoices at actual costs. Page 13 of 14 (-"\a y�� m Automation IW111111i)Id9 Best and FffW Offer 2020 Time & Materials Billing Rates The labor rates and charges shown herein apply to all "Time & Materials" based assignments for the 2020 calendar year. I. LABOR RATES Services shall be available at the hourly rates shown below. Rates include all payroll taxes, benefits, overhead and profit. Straight time will be billed for hours worked during normal business hours and for normal eight (8) hour days, Monday thru Friday. Overtime rates shall apply for all hours worked in excess of the normal eight (8) hour day and for all hours worked on Saturdays and Sundays. Services performed on normal Holidays shall be charged at published Holiday Hourly Rate below. ROLEMTLE _ Straigb t Time Hourly Rates Overtim a Hourly Rates Holida y Hourly Rates Princi a1 $165.00 $205.00 $250.00 -Project Manager $145.00 $180.00 $215.00 Senior Professional Engineer $135.00 $165.00 $200.00 Professional Engineer $130.00 $160.00 $195.00 Graduate Engineer 11 $115.00 $145.00 $170.00 Graduate Engineer 1 $105.00 $130.00 $155.00 Senior Control S stem Programmer $130.00 $160.00 $195.00 Control System ProSTMer I1 $110.00 $13 5.00 $165.00 Control System ProgLaMer 1 $100.00 $125.00 $150.00 Senior Drafter/Designer $ 85.00 $102.00 $127.50 Drafter/Designer $ 75.00 $90.00 $112.50 Engineering Intern $ 55.00 $66.00 $82.50 Project Administrator $ 70.00 1 $84.00 $105.00 !!. 'TRAVEL EXPENSES All travel expenses in support of the work provided on a time and materials basis shall be billed at cost plus ten (10) percent Page 14 of 14