2013-189oxDnvaNCE No. 2013-189
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFES SIONAL SERVICES AGREEMENT BY AND BETWEEN
THE CITY OF DENTON, TEXAS AND TEAGUE NALL AND PERKINS, INC. FOR
ENGINEERING SERVICES 1NCLUDING LAND SURVEYlNG, CIVIL ENGINEERING,
PROJECT PERMITTING AND RELATED CONSULTING SERVICES FOR DENTON
MUNICIPAL ELECTRIC CAPITAL IMPROVEMENT PROJECTS; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE
5306-IN THE NOT-TO-EXCEED AMOUNT OF $4,160,000).
WHEREAS, the professional services provider (the "Provider) mentioned in this ordinance
is being selected as the most highly qualified on the basis of its demonstrated competence and
qualifications to perform the proposed professional services; and
WHEREAS, the fees under the proposed contract are fair and reasonable and are consistent
with and not higher than the recommended practices and fees published by the professional
associations applicable to the Provider's profession and such fees do not exceed the ma mum
provided by law; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager or his designee is hereby authorized to enter into a
professional service contract with Teague Nall and Perkins, Inc., to provide professional engineering
services including land surveying, civil engineering, project permitting and related consulting
services for Denton Municipal Electric, a copy of which is attached hereto and incorporated by
reference herein.
SECTION 2. The City Manager or his designee is authorized to expend funds as required by
the attached contract.
SECTION 3. The City Council ofthe City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City ofDenton
under File 5306 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 4. The findings in the preamble of this ordinance are incorporated herein by
reference.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of ,2013.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: ,
4-ORD- ' e 5306
PROFESSIONAL SERVICES AGREEMENT
FOR ARCHITECT OR ENGINEER
File No. 5306)
T S AGREEMENT is made and entered into as of the (p day of
2013, by and between the City of Denton, Texas, a Texas municipal
corp tion, with its principal office at 215 East McKinney Street, Denton, Denton
County, Texas 76201, hereinafter called "Owner" and Teague Nall and Perkins, with its
corporate office at 1517 Centre Place Drive, Suite 320, Denton , Texas 76205 hereinafter
called "Design Professional," acting herein, by and through their duly authorized
representatives.
In consideration of the covenants and agreements herein contained, the parties hereto do
mutually agree as follows:
SECTION 1
EMPLOYMENT OF DESIGN PROFESSIONAL
The Owner hereby contracts with the Design Professional, a licensed Texas
architect or engineer, as an independent contractor. The Design Professional hereby
agrees to perform the services as described herein and in the Proposal, the General
Conditions, and other attachments to this Agreement that are referenced in Section 3, in
connection with the Project. The Project shall include, without limitation,
Professional Engineering and Surveying Services for the
Denton Municipal Electric Capital Improvement Plan
Engineering and Surveying Support
includes Attachments A thru C)
Page 1
SECTION 2
COMPENSATION
The Owner shall compensate the Design Professional as follows:
2.1 BASIC SERVICES
2.1.1 For Basic Services the Estimated Fee compensation shall be $ 4,120,000.
2.1.2 Progress payments for Basic Services shall be paid monthly based upon the
actual time charges of the Design Professional's staff for the work effort that
has been performed during the preceding month.
2.4 REIlVIBURSABLE EXPENSES Reimbursable Expenses shall be a multiple of
1.10 times the expenses incurred by the Design Professional, the Design Professional's em-
ployees and consultants in the interest of the Project as defined in the General Conditions
and in Attachment B, but not to exceed a total of 40 000 without the prior written approval
of the Owner.
2.5 TOTAL CONTRACT AMOiJNT $ 4,160,000
Page 2
SECTION 3
ENTIltE AGREEMENT
This Agreement includes this executed agreement and the following documents all of which
are attached hereto and made a part hereofby reference as if fully set forth herein:
L City of Denton General Conditions to Agreement for Architectural or
Engineering Services.
2. Attachment A thru C.
This Agreement is signed by the parties hereto effective as ofthe date first above written.
CTTY OF DENTON
BY:
GEORG C. CAMPBELL
ATTEST:
JENNIFER WALTERS, CI Y SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
A1vITA BURGESS, CITY ATTORNEY
BY: <
WITNESS:
BY: f
CITY MANAGER
Teague Nall and Perkins, Inc.
BY:
t
Gary ickery, P.E.
Princ pal
Page 3
CITY OFDENTON
GENERAL CONDITIONS
TO
AGREEMENT FOR ARCfIITECTiJRAL OR ENGINEERING SERVICES
ARTICLE 1. ARCIIITECTOR ENGINEER'S RESPONSIBILITIES
1.1 The Architect or Engineets services consist ofthose services for the Project (as defined in the agreement (the "AgreemenP')
and proposal (ihe "Proposal") to which these General Conditions aze attached) performed by the Architect or Engineer
hereinafter called ihe "Design Professional") or Design ProfessionaPs employees and consultants as enumerated in Articles 2
and 3 ofthese General Conditions as modified bythe Agreement andProposal (the "Services").
1.2 The Design Professional will perform all Services as an independent contractor to the prevailing professional standazds
consistentwith the level of ca and skill ordinarily exercised by members ofthe sameprofession currently practicing in the same
locality under similar conditions, including reasonable, infoRned judgments and prompt timely actions (the "Degree of Care").
The Services shall be perFormed as expeditiously as is consistent with the Degree ofCare necessary for ihe orderly progress of
the Project. Upon request of the Owner, the Design Professional shall submit for the Owne s approval a schedule for the
performance of the Secvices which may 6e adjusted as the Project proceeds, and shall include allowances for periods of time
requued for the Owner's review and for approval ofsubmissions by authorities havingjurisdiction overthe Project. Time limits
established by this schedule and approved by the Owner shall not, except for reasonable cause, be exceeded by the Design
Professional or Owner, and any adjustments to this schedule shall be mutually acceptable toboth parties.
ARTICLE 2 SCOPE OF BASIC SERVICES
2.1 BASIC SERVICES DEFINED The Design ProfessionaPs Basic Services consist of those described in Sections 22
through 2.6 of these Genera] Conditions and include without limitation normal structural, civil, mechanical and electrical
engineering services and any other engineering services necessary to produce a complete and accurate set of Construction
Documents, as described by and required in Secrion 2.4. The Basic Services may be modifiedby the Agreement.
2.2 SCHEMATIC DESIGNPHASE (See attachments for detailed scope informaflon)
2.2.1 The Design Professional, in consultation with the Owner, shall develop a written program for the Project to ascertain
Owne s needs andto establish the requirements for the Project.
2.2.2 The Design Professional shall provide a pc liminary evaluation of the Owne s progam, construction schedule and
construction budget requirements, each in terms ofthe other, subjectto the limitations set forthin Subsection 5.2.1.
2.2.3 The Design Professional shall review withthe Owner altemative approaches to design and construction ofthe Project.
2.2.4 Based on the mutually agreed-upon progam, schedule and conshuction budget requirements, the Design Professional shall
prepare, for approval by the Owner, Schemaric Design Documents consisting ofdrawings and other documents illushating the
scale and relatio ship of Project compooents. The Schematic Design sball contemplate compliance with all applicable faws,
sffitutes, ordinances, codes andregulations.
2.2.5 The Design Professional shall submit to the Owner apreliminary detailed estimate of Conshuction Cost based on current
area, volume or other uuit costs and which indicates the cost ofeach category ofwork involved in constructing the Project and
establishes an elapsed time factor for the period offime from the commencement to thecompletion ofconstruction.
2.3 DESIGNDEVELOPMENT PAASE (See attachmenis for de iledscope informafiou)
2.3.1 Based on the approved Schematic Design Documents and any adjushnents authorized bythe Owner in the progam, sche-
dule orconstruction budget, the Design Professional shall prepare for approval by the Owner, Design Development Documents
consistingofdrawings and other documents to fix and describe the size and character ofthe Projectas to azchitectural, structural,
mechanical and electrical systems, materials and such other elements as may be appropriate, which shall comply with all
applicable ]aws, statubes, ordinances, codes and regularions. Notwithstanding Owne s approval of the documents, Design
Professional warrants that the Documents andspecifications will be sufficient and adequate tofulfill thepurposes of the Project.
2.3.2 The Design Professional shall advise the Owner of any adjustrnents to thepreliminary estunate of Construction Cost in a
further Detailed Statement as described in Section 2.2.5.
2.4 CONSTRUCl'IONDOCCTMENTS PHASE (See attachmenis for detailed scope information)
2.4.1 Based on the approvedDesign Development Documents and any further adjustrnents in the scope or quality ofthe Project
or in the consintction budget authorized by the Owner, the Design Professional shall prepue, for approval by the Owner,
Construcrion Documents consistingofDrawings and Specifications setting forth in deffiil requirements forthe construction ofthe
Project, which shall comply withall applicable ]aws, statutes, ocdinances, codes and regulations.
2.4.2 The Design Professional shall assist the Owner in the preparation of the necessary bidding or procurement information,
biddingor procurement forms, the Conditions ofthecontract, and theform ofAgreement between the Ownerand contractor.
Page 4
2.4.3 The Design Professional shall advise the Owner ofany adjustrnents to previous preliminary estimates ofConstrucrion Cost
indicated by changes in requirements or general market conditions.
2.4.4 The Design Professional shall assist the Ownerin connection with the Owne s responsibility for filing documents required
for the approval ofgovemmental authorities havingjurisdiction overthe Project.
2.5 CONSTRUCI'ION CONTRACT PROCUREMENT (See at chment for de iled scope information)
2.5.1 The Design Professional, following the Owne s approval of the Construction Documents and of the latest preliminary
detailed estimate ofConstruction Cost, shall assist the Owner in procuring a construcUon contract for the Project through any
procurement method that is legally applicable to the Project including without limitation, the competitive sealed bidding process.
Although the Owner wid consider the advice of the Design Professiooal, the award of the conshuction contract is in the sole
discretion ofthe Owner.
2.5.2 Ifthe construction conhact amount for the Project exceeds the total construction cost ofthe Project as set forth in the
approved Detailed Statement of Probable Construction Costs of the Project submitted by the Design Professional, then the
Design Professional, at its sole cost and expense, will revise the Construction Documents as may be required by the Owner to
reduce or modify the quantity or quality of the work so that the total construction cost ofthe Project will not exceed the total
construction cost setforth in the approved Detailed 5tatement ofProbable Conshuction Costs.
2.6 CONSTRUC'TION PHASE - ADNIINISTRATION OF THE CONSTRUCl'ION CONTRACI' (See attachmenis for
detailed scope informaHon)
2.6.1 The Design Professional's responsibility to provide Basic Services for the Construction Phase under this Agreement
commences with the award ofthe Contract for Conshuction and teaninates atthe issuance to the Owner of the final Certificate
for Payment, unless extended undertheterms of Subsection 8.32.
2.6.2 The Design Professional shal] provide detailed administration of the Contract for Construction as set forth below. For
design professionals the administration shall also be in accorda ce with AIA dowment A201, General Conditions of the Con-
tract for Construction, cuRent as ofthe date of the Agreement, unless othenvise provided in the Ageement. For engineers the
administration shall also be in accocdance withthe Standard Specifications for Public Works Construction by the North Central
Texas Council of Govemu ents, currentas ofthe date ofthe Agceement, unless othenuise provided in the Agreement.
2.6.3 Construction Phase duties, responsibilities and limitations ofauthority ofthe Design Professional shall not be restricted,
modified or e ctended without written ageement ofthe Owner and Design Professional.
2.6.4 The Design Professional shall be a representative of and shall advise and wnsult with the Owner (1) during construction,
and (2) at the Owne s direction from time to time during the correction, or warranty period described in the Coniract for Con-
s ucdon. The Design Professional shall bave authority to act on behalf of the Owner only to the extent provided in the
Agreement and these General Conditions, unless otherwise modifiedby written inshument.
2.6.5 TheDesign Professional shall inspect the construction site at least twotimes a week, regardless ofwhether construction is
in progress, to become familiar with the progress and quality of the work completed and to determine if the work is being
performed in a manner indicating thatthe work when completed will be in accordance with the Contract Documents. Design
Professioual shall provide Owner a written report subsequent to each on-site visit. On the basis of on-site observations the
Design Professional shall keepthe Owner informed oftheprogress and quality ofthe work, andshall exercise the Degree ofCare
and diligence in discovering and promptly reporiing to the Owner any defects or deficiencies in the work of Contractor or any
subconfractors. The Design Professional represents that he will follow Degree of Caze in performing all Services under tUe
Agreement. The Design Professional shall promptly correct any defective designs or specificarions fumished by the Design
Professional at no cost to the Owner. The Owner's approval, acceptance, use of or payment for all or any part ofthe Design
Professional's Services hereu der or ofthe Project itself shall in no way alter the Design Professional's obligations or theOwne's
rights hereunder.
2.6.6 The Design Professional shall not have control over or chazge ofand shall not be responsible for construction means,
methods, techniques, sequences or procedures, orfor safety precautions and programs in connection with the woric. The Design
Professional shall not be responsible for the Contractor's schedules or failure to caay out the work in accordance with the
Contract Documents except insofar as such failure may result from Design Professional's negligent acts or omissions. The
Design Professional shall not have conirol over or charge of acts or omissions of the Contractor, Subcontractors, or their agents
or employees, or of any otherpersons performing portions ofthework.
2.6.7 The Design Professional shall at all times have access to the work wherever it is in preparation or progtess.
2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specially
authorized, the Owner and Contractor shall communicate through the Design Professional. Communications by and with the
Design ProfessionaPs consultants shall betluoughthe Design Professional.
2.6.9 Basedon the Design Professional's obse vations at thesite ofthework and evaluations ofthe Contractots Applicatioas for
Payment, the Design Professional shall review and certify the amounts due the Contractor.
Page 5
2.6.10 The Design Professional's certification for payment shall constitute a representation to the Owner, based on the Design
Professional 's observations at the site as provided in Subsection 2.6.5 and on the data comprising the Contractors Application
for Payment, that the work has progressed to the point indicated and that the quality of the Work is in accordance with ihe
Co tract Documents. The foregoing representations are subject to minor deviations from the Contract Documents correctable
prior to complerion and to specific qualifica6ons expressed by the Design Professional. The issuance of a Certificate for
Payment shall furtherconstitute a representarion that the Contractor is e titled to payment inthe amount certified. However, the
issuence of a Certificate for Payment shall not be a representation that the Design Professional has (I) reviewed conshuction
means, methods, techniques, sequences or procedures, or (2) ascertained how or for whatpurpose theContractorhas used money
previously paid on account ofthe Conhact Sum
2.6.11 The Design Professional shall have theresponsibility and authority to reject work which does not conform to the Contract
Documents. Whenever the Design Professional considers it necessary or advisable for implementation of the intent of the
Contract Dowments, the Design Professional will have authority to require additional inspection or testing of the work in
accordance with the provisions of the Conhact Documents, whether or not such Work is fabricated, inshalled or completed.
However, neither this authority ofthe Design Professional nor a decision made in good faith either to exercise or not exercise
such authority shall give rise to a duty or responsibility ofthe Design Professional to the Con[ractor, Subcontractors, material and
equipment supplie s, theiragents or employees or otherpersons performing portions ofthe woric.
2.6.12 The Design Professional shall review and approve or take other appropriate acrion upon Contractor's submittals such as
Shop Drawings, Product Data and Samples for the purpose of (1) determining compliance with applicable laws, statutes,
ordinances and codes; and (2) determini g whether or ot the work, when completed, will be in compliance with the
requirements of the Conhact Documents. The Design Pro£essional shall act with such reasonable promph ess to causeno delay
in the work or in the construction of the Owner or of separate contractors, while allowing sufficient time in the Design
Professional's professional judgment to permit adequate review. Review of such submittals is not conducted forthe purpose of
determining the accuracy and completeness of other details such as dimensions and quantities or for substanUating inshuctions
for installarion or perFormance of equipmentor systems designed by the Contractor, all of which remain the responsibility ofthe
Contractor to the extent required by the ContractDocuments. The Design ProfessionaPs review shall not constitute approval of
safety precautions or, unless otherwise specifically stated by the Design Professional, of construction meaos, methods,
tecluiiques, sequences or procedures. The Design Professional's approval of a specific item shall not indicate approval of an
assembly of which the item is a component. When professional certification of performance chazacteristics ofmaterials, systetns
or equipment is required by the ContTactDocuments, the Design Professional shall be entitled to rely upon such certificallon to
establish that the materials, systems or equipmentwill meet the performance criteria required by the Contract Documents.
2.6.13 The Design Professional shall prepare Change Orders and Construction Change Directives, with supporting
documentation and data if deemed necessary by the Design Professional as provided in Subsections 3.11 and 33.3, for the
Owner's approval and execurion in accordance with the Conhact Documents, and may authorize minor changes in the work not
involving an adjustment in the Contract Sum or an eactension ofthe Conhact Time which are not inconsistent with the intent of
the Contract Documents.
2.6.14 On behalf of the Owner, the Design Professional shall conduct inspecrions to determine the dates of Substantial
Completion and Final Completion, and ifrequested by the Owner shall issue Certificates of Substantial and Final Completion.
The Design Professional will receive and review written guarantees and related documents required by the Conlract for
Construction to be assembled by the Contractor and shall issue a final certificate for Payment upon compliance with the
requirements oftheContract Documents.
2.615 The Design Professional shall iciterpret and provide recommendations on matters conceming performance oftUe Owner
and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor. The
Design Professional's response to such rec{uests shall be made with reasonable prompiness and within any time limits ageed
upon.
2.6.16 Interpretations and decisions of the Design Professional shall be consistent with the intent of and reasonably inferable
from the Conhact Documents and shall be in writing or in the focm of drawings. When making such interpretations and initial
decisions, the Design Professional shall endeavor to secure faithful performance by both Owner and Contractor, and shall not be
liable for results or interpretarions ordecisions so rendered in good faith in accordance with all the provisions ofthis Agreement
and in the absence ofnegligence.
2.6.17 The Design Professional shall render written decisions within a reasonable time on all claims, disputes or other matters in
question between the Owner and Contractor lating to the execurion or progress of the work as provided in the Contract
Documents.
2.618 The Design Professional (1) shall render services under the Ageement in accordance with the Degree ofCare; (2) will
reimburse the Owner for all damages caused by the defective designs the Design Professional prepares; and (3) by
aclmowledging payment by the Owner of any fees due, shall not be released from any rights the Owner may have under the
Agreement ordiminish any ofthe Design Professional's obligatious thereunder.
2.6.19 The Design Professional shall provide the Owner with a digital copy and one set of reproducible prints showing all
significant changes to the Conshuction Docume ts during the Construction Phase. The reproducible prints will be based on
informarion provided to theDesign Professional Uy others.
Page 6
ARTICLE 3 ADDTI'IONAL SERVICES
3.1 GENERAI,
311 The services described in this Article 3 are not included in Basic Services unless so identified in the Agreement or
Proposal, and they shall be paid for by the Owner as provided in the Agreement, in addition to the compensation for Basic
Services. The services described under Sections 3.2 and 3.4 shall only be provided ifauthorized or confim ed in writing by the
Owner. Ifservices described under Contingent Additional Services in Section 33 aze required due to circumstances beyond the
Design Professional's control, the Design Professional shall notifythe Owner in writing and shall not commence such additional
services until it receives written approval from the Owner to proceed. If the Owner indicates in writing thatall or part of such
Contingent Additional Services aze not required, the Design Professional shall have no obligation to provide those services.
Owner will be responsible for compensating the Design Professional for Contingent Additional Services only ifthey are not
required dueto thenegligence or fault ofDesign Professional.
3.2 PROJECI' REPRESENTATION BEYOND BASIC SERVICES
3.2.1 Ifmoie extensive representation at the site than is described in Subsection 2.6.5 is required, the Design Professional shall
provideone ormore ProjectRepresentatives to assist in carryingout such additional on-site responsibilities.
3.2.2 Project Representatives shall be selected, employed and directed by the Design Professional, and the Desigi Professional
shall be compensated therefore as agreed bythe Owner and Design Professional.
3.3 CONTINGENT ADDITIONAL SERVICES
3.31 Making material revisions inDcawings, Specificafions or other documents when such revisions are:
inconsistent with approvals or instructions previously given by the Owner, including revisions made
necessary by adjushnents in the Owne sprogram or Project budget;
2. required by the enactment or revision of codes, laws or regularions subsequent to the preparation of such
documents, or
3. due to changes required as a result ofthe Owne s failure to renderdecision in a timely manner.
3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality,
compleacity, arthe Owne s scl adule, exceptforservices required under Subsection 2.5.2.
3.3.3 Preparing Drawings, Specifications and otherdocumentation and supporting daffi, and providing other services in connec-
tion with Change Orders and Constnaction Change Directives.
3.3.4 Providing consultation conceming replacement ofwork damaged by fire orothercause during construction, and fumishing
services required in connection with the replacement of such work.
3.3.5 Providing services made necessary by the default ofthe Con[ractor, by major defects or deficiencies in the work of the
Contractor, orbyfailure ofperformance ofeither tlte Owneror Contractor under the Conhact for Construction.
3.3.6 Providing services in evaluati g an eactensive number of claims submitted by the Contractor or others in connec6on with
the work.
3.3.7 Providing services in connection with a publicheariog, arbitration proceeding or legal proceeding except where the Design
Professional is partythereto.
3.3.8 Providing services in addition to those required by Article 2 for preparing documents for altemate, sepazate or sequential
bids or providing services in cormection with bidding or conshuction prior to the complerian ofthe Conshuction Documents
Phase.
3.3.9 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services
described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission ofthe Design
Professional shall be perFormed by the Design Professional as a part of the Basic Services under the Agreement with no
addirional compensation above and beyond the compensarion due the Design Professional for the Basic Services. The
intervening or concurrent negligence of the Owner shall not limit the Design ProfessionaPs obligarions under this Subsection
3.3.9.
3.4 OPTIONAL ADDITIONAL SERVICES
3.41 Providing financial feasibility or other special studies.
Page 7
3.4.2 Providingplanning surveys, site evaluations orcomparative studies ofprospective sites.
3.4.3 Providing special surveys, environmental sludies and submissions required for approvals of governmental authorities or
others havingjurisdiction over theProject.
3.4.4 Providing services relative to future facilities, systems and equipment.
3.4.5 Providingservices to investigate e sting conditioos or facilities orto make measured drawings thereof.
3.4.6 Providingservices to verifythe accucacy ofdrawings or other information fumished bythe Owner.
3.4.7 Providing coordination ofconshuction performed by separate contractors or by the Owne s own forces and coordination
of services required in co nection with construction performed and equipment suppliedby the Owner.
3.4.8 Providingdetailed quantity surveys orinventories ofmaterial, equipment and labor.
3.4.9 Providinganalyses ofoperating and maintenance costs.
3.4.10 Makinginvestigations, inventories ofmaterials or equipment, orvaluations and de[ailed appraisals of istingfacilities.
3.4.12 Providing assistance in the utili ation ofequipment or systems such as testing, adjusting and balancing, preparation of
operationand maintenance manuals, trainingpersonnel foroperation and mainteoance and consultation during operation.
3.4.13 Providing interior design and similar services required for or in connection with the selecUon, procurement or installation
offumiture, furnishings and related equipment.
3.4.14 Providing services other than as provided in Section2.6.4, after issuance to the Owner ofthe final Certificate for Payment
and expirarion ofthe Warranty period ofthe Coutractfor Constcuction.
3.4.15 Providing services ofconsultants for other than architectural, civil, shuctural, mechanical and elecMcal engineeringpor-
tions oftheProject provided as a part of Basic Services.
3.4.16 Providing any other services not otherwise included in this Agreement ornot customarily fumished in accordance with
generally accepted architectural practice.
3.4.17 Preparing a set ofreproducible record drawings in addition to those required by Subsection 2.6.19, showing significant
changes in the work made during conshuction based on marked-up prints, drawings and other data fumished by the Contractorto
the Design Professional.
3.4.18 Notwithstanding anything contained in the Agreement, Proposal or these Genecal Co ditio s to the contrary, all
services described in this Article 3 that are caused or necessiffited in whole or in part due to the negligeot act or omission ofthe
Design Professional shall be performed by the Design Professional as a part ofthe Basic Services under the Agreement with no
additional compensation above and beyond the compensarion due the Design Professional for the Basic Services. The
intervening or concurrent negligence of the Owner shall not limit the Design ProfessionaPs obligations under this Subsection
3.4.18.
ARTICLE 4 OWNER'SRESPONSIBILITIES
4.1 The Owner shall consult with the Design Professional regarding requuements for the Project, including (1) the Owne s
objectives, (2) schedule and design constraints and criteria, including space requirements and relationships, fle cibility,
expendability, special equipment, systems and site requiremeots, as more specifically described in Subsection 22.1.
4.2 The Owner shall establish and update an overall budget for the Project, including the Conshuction Cost, the Owner's other
costs and reasonable contingeucies related to all of these costs.
4.3 Ifrequested by the Design Professional, the Owner shall fumish evidence that financial amengements have been made to
fulfdl the Owner's obligationsunder this Agreement.
4.4 The Ownershall designate a representative authorized to act on the Owners behalf with respectto the Project. The Owner
or such authorized represenffitive shall render decisions in a timely manner pertaining to documents submitted by the Design
Professional in order to avoid unreaso able delay in the orderly and sequential progress oftheDesign Professional's services.
4.5 Where applicable, the Owner shall fumish surveys describing physical characterisrics, legal ]imitations and utility locations
for the site of the Project, and a written legal description of the site. The suiveys and legal information shall include, as ap-
plicable, grades and lines of streets, alleys, pavements and adjoining properiy and structures; adjacent drainage; ri ts-of-way,
restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours ofthe site; locations, dimensions and
necessary data pertaining to existing buildic gs, other unprovements and trees; and informatioo conceming available utIlity
services and lines, both public and private, above and below grade, including inverts and depths. All the information on the
siuvey shall be referenced to a project benchmark.
Page 8
4.6 Where applicable, the Owner shall fumish the services of geotechnical engineers when such services are requested by the
Design Professional. Such services may inc]ude but are not limited to test borings, test pits, deteiminaHons of soil bearing
values, percolation tests, evaluations of hazanlous materials, ground corrosion and resistivity tests, including necessary
operations for anticipatingsub-soil conditions, with reports and appropriate professional recommendations.
4.6.1 The Owner shall fumish the services ofother consultants when such services are reaso ably required by the swpe of the
Project and azerequested bythe Design Professional and are not retained by the Design Professional as part of its Basic Services
or Additional Services.
4.7 When not a part ofthe Additional Services, the Owner shall fumish shuctural, mechanical, chemical, airand water pollution
tests, tests of hazardous materials, and other laboratory and environmen l tests, inspections and reports required by law or the
Contract Documents.
4.8 The Owner shall fumish all legal, accounting and insurance counseling services as may be necessary at any time for the
Project, including auditing services the Owner may require to verify the Contracto's Applications for Payment or to ascertain
how or for what puiposes the Contractor has usedthe money paid by or on behalfofthe Owner.
4.9 The secvices, information, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be fumished at the
Owne s expense, and the Design Professional shall be entitled to rely upon the accuracy and completeness theceofin the absence
ofany negligence on the part ofthe Design Professional.
4.10 The Owner shall give prompt written notice to the Design Professional ifthe Owner becomes aware ofany fault or defect
in the Project ornonconfonnance with the ContractDocuments.
4.11 Design Professional shall propose language for ce tificates or certifications to be requesbed ofthe Design Professional or
Design Professional's consultants and shall submit suchto the Ownerfor review and approval at least fourteen (14) days priorto
execution. The Owner agrees no[ to request certifications that would require lmowledge or services beyond the scope of the
Agreement.
ARTICLE 5 CONS1'RUCTION COST
51 CONSTRUCTION COST DEFINED
51.1 The Conshuction Cost shall be the total cost or estimated cost to the Owner of all elements ofthe Project designed or
specified by the Design Professional.
5.1.2 The Construction Cost shall include the cost at cuRent market rates of labor and materials fumished by the Owner and
equipment designed, specified, selected or specially provided forby the Design Professional, plus a reasonable allowance for the
Contractor's overhead andprofit. Tn addition, a reasonable allowance for contingencies shall be included for mazket conditions at
thetime of bidding and forchanges in theworic during construction.
51.3 Consriucrion Costdoes not include the compensation ofthe Design Professional and Design ProfessionaPs consultants, the
costs ofthe land, rights-of-way, financingor other costs which arethe responsibIIity ofthe Owneras providedinArticle 4.
5.2 RESPONSIBILTI'Y FOR CONSTRUCTION COST
5.2.1 Evaluations of the Ownets Projectbudget, preliminary estimates ofConstruction Cost and detailed estimates ofConstruc-
tionCost prepazed by the Design Professional represent the Design Professional's bestjudgment as a design professiooalfamiliaz
with the construction industry. It is recognized, however, that neither theDesignProfessional northe Ownerhas control overthe
cost of labor, materials or equipment, over the Contracto s methods ofdetemiining bid prices, or over compefitive bidding or
mazket conditions. Accoidingly, the Design Professional cannot and does not warrant or represent that bids or cost proposals
will not vary from the Owne s Project 6udget or from any estimate ofCoustruction Cost or evaluation prepared or agreed to by
the Design Professional.
5.2.2 No fixed limit ofConstruction Cost shall be established as a condition of the Ageement by the fumishing, proposal or
establishment ofa Project budget, unless such fixed limit has 6een ageed upon in writing and sig ed by the parties thereto. If
such a fixed limit has been established, the Design Professional shall be pemutted to include contingencies for design, bidding
and price escalation, to determine what materials, equipment, component systems and types ofconstruction are io be included in
the Contract Documents, to make reasonable adjushnents in the scope ofthe Project and to include in the Contract Documents
altemate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an
increase in the Contract Sum occurring after execurion ofthe Contract forConsuuction.
5.2.3 If the Procureme t Phase has not commenced within 90 days after the Design Professional suUmits the Conshuction
Documents to the Owner, any Project budget or fixed limit of Conshuction Cost shall be adjusted to reflect changes in the
general ]evel ofprices in the conslrucrion indushy between the date of submission ofthe Constcuction Documents to the Owner
and the date on which proposals are sought.
Page 9
ARTICLE 6 OWNERSI3IP AND USE OF DOC[TMENTS
6.1 The Drawings, Specifications and other documents prepared by the Design Professiona] for this Project are instruments of
the Design ProfessionaPs service and shall becomethe property ofthe Owner upon temiination or completion ofthe Agreement.
The Design Professional is entitled to retain copies of all such documents. Such documents are intended only be applicable to
this Project, and Owner's use ofsuch documents in other projects shall be at Owner's sole risk and expense. In the event the
Owner uses any ofthe information or materials developed pursuant to the Agreement in another project or for other purposes
than are specified in the Agreement, the Design Professional is leased from any and all liability relati g to theu use in that
project
6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with
the Project is not to be construed aspublication in derogation ofthe Design Professional's reserved rights.
ARTICLE 7 TERMINATION, SUSPENSION ORABANDONMENT
7.1 The Desiga Professional may terminate the Agreement upon not less than thiriy days written notice should the Owner fail
substantially to perfonn in accordance with the terxns ofthe Agreement through no fault ofthe Design ProfessionaL Owner may
terminate the Agreement or any phase thereof with or without cause upon thirty (30) days prior written notice to ihe Design
Professional. All work and labor being performed under the Agreement shall cease immediately upon Design ProfessionaPs
receipt of such notice. Before the end ofthe thirty (30) day period, Design Professional shall invoice the Owner for all work it
saHsfactorily performed prior to the receipt ofsuch notice. No amount shall be due forlost or anricipated profits. All plans, field
surveys, and other data related to theProject shallbecome properiy ofthe Owner upon terminarion ofthe Agreement and shall be
promptly delivered to the Owner in a reasonably organized form. Should Owner subsequently contract with a new Design
Professional for continuationofservices ontheProject, Design Professional shall cooperate in providing infonnation.
7.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Design Professional shall be compensated
for services satisfactorily performed prior to notice of such suspension. When the Project is resumed, the Design Professional's
compensation shalJ be equitably adjusted to provide for expenses incurred in the intenuption and resumption of the Design
Professional's services.
7.3 The Agieement may be terminated by the Owner upon notless than seven dayswritten notice to theDesign Professional in
the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive
days, the Design Professional orthe Ownermay teaninate theAgreement by giving written notice.
7A Failure ofthe Owner to make payments to the Design Professional for work sa6sfactorily completed in acco dance withthe
Agreement shallbe co sidered substantial nonperformance and cause fortersnination.
7.5 If the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement for services
properly and satisfactorily performed, the Design Professional may, upon seven days written notice to the Owner, suspend
performance of services under theAgreement.
7.6 In the event of tertnination not the fault of the Design Professional, the Design Professional shall be compensated for
services properly and satisfactorilyperfortned prior to termination.
ARTICLE 8 PAYMENTS TO Tf DESIGN PROFESSIONAL
81 DIItECT PERSONNEL EXPENSE
8.1.1 Direct Personnel E ense is defined as the direct salaries ofthe Design Professional's personnel e gaged on the Project and
the portion ofthe cost oftheir mandatory and customary conhibutions and benefits related thereto, such as employmenttaxes and
otherstatutory employee benefits, insurance, sick leave, holidays, vacations, pensions andsimilar conh-ibutions andbenefits.
8.2 REIMBURSABLE EXPENSES
8.21 Reimbursable E enses aze in addition to compensation forBasic and Addirional Services and include expenses inwrred
by the Design Professional and Design Professional's employees and consultant in the interest ofthe Project, as identified in the
following Clauses.
8.2.1.1 Expense oftransportation in connection with the Project; expenses in connection with authotized out-of-town travel;
long-distance communications; andfees paid for securing approva] of authorities havingjurisdiction over the Project.
8.2.1.2 Expense of reproductions (except the reproduction of the sets of documents referenced in Subsection 2.619), postage
and handling ofDrawings, Specifications and other documents.
8.2.1.3 Ifauthorized in advance by the Owner, expense ofovertime work requiring hi erthan regular rates.
8.2.1.4 E cpenseofrenderings, models and mock-upsrequested by the Owner.
8.2.1.5 E enseof computer-aideddesign and drafting equipment time when used in connecUonwiththe Project
Page 10
8.2.1.6 Other expenses that are approved in advance inwriting bythe Owner.
8.3 PAYMENTS ON ACCOLTNT OF BASIC SERVICES
8.3.1 Payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to se vices performed
within eachphase of service, on the basis set forth in Section 2 of the Agreement andthe schedule ofwork.
8.3.2 If and to the extent that the time initially established in the Agreement is exceeded or e ctended through no fault of the
Design Professiooal, compensation for any services rendered during the addirional period of time shall be computed in the
manner set forth in Section 2 of the Agreement.
8.3.3 When compensation is based on a percentage of Construction Cost and any portions ofthe Project are deleted orotherwise
not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those
portions, in accordance with the schedule set forth in Secrion 2 ofthe Ageement based on (1) the lowest bona fide bid or (2) if
no such bid or proposal is received, the most recent preliminary estimate of Conshuction Cost or detailed estimate of
Construction Cost for such portions ofthe Project.
8.4 PAYMENTS ON ACCOUNT OFADDITIONAL SERVICES
8.4.1 Payments on account of the Desigu Professional's Additional Services and for Reimbursable Expenses shall be made
monthly within 30 days after the presentation to the Owner of the Design Professional's statement of services rendered or
expensesincurred.
8.5 PAYMENTS WTI'IIIIELD No deductions shall be made from the Design ProfessionaPs compensation on account of
penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the
work ofherthan those for which the Design Professional is responsible.
8.6 DESIGN PROFESSIONAL'S ACCOUNTING RECORDS Design Professional shall make available to Owner or
Owne s authorized representative records of Reimbursable Expenses and expenses pertaining to Additional Services and
services performed on the basis of a multiple ofDirect Persoonel Expense for inspecrion and copying during regular business
hours for three years after the date of the %na] Certificate of Payment, or until any litigation related to the Project is fmal,
whichever date is later.
ARTICLE 9 INDENINPPY
9.1 Tlie Design Professional shall indemnify andsave and holdhannless the Ow er and its officers, agents, and employees
from and against any and all liability, claims, demauds, damages, losses, and expenses, including, but not limited to court
costs and reasonable attomey fees incurred by the Owner, and including, without limitation, damages for bodily and
personal injury, death and property damage, resulting from the neglig t acts or omissions ofthe Design Professional or its
of£icers, shareholders, agents, or employees in the execution, operation, or performance of theAgreement.
9.2 Nothing herein shall be construed to create a liability to any person who is not a party to the 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 the Agreement, including the defense of govemmental immunity, which defenses are hereby
expressly reserved.
ARTICLE 10 INSURANCE
During the performance ofthe Services under the Agreement, Design Professional 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 thathas a rating with Best RateCarriers of at least an A- or above:
10.1 Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence
and not less thao $1,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each
occurrence and not less than $100,000 in the aggregate.
10.2 Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than
500,000 foreach accident, and with property damage ]imits ofnot less than $100,000 for each accident.
10.3 Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance
with limits ofnotless than $100,000 for each accident including occupational disease.
10.4 Professional Liability Insurance with limits ofnot less than $1,000,000 annualaggregate.
10.5 The Design Professiooal shall fumish insurance certificates or insurance policies to the Owner evidencing insurance
in compliance with this Article 10 at the time ofthe execution of the Agreement. The General Liabiliry and Automobile
Liability insurance policies shall name the Owner as an additional insured, the Workers' Compensation policy shall contain
a waiver of subrogation in favor of the Owner, and each policy shall contain a provision that such insurance shall not be
canceled or modified without thir[y (30) days' prior written notice to Owner and Design Professional. In such event, the
Page 11
Design Professional shall, prior to the effective date of the change or cancellation, fumish Owner with substitute
certificates ofinsurance meeting the requirements ofthis Article 10.
ARTICLE 11 MLSCELLANEOUS PROVLSIONS
11.1 The Agreement shall be govemed by the laws of the State of Texas. Venue of any suit or cause of action under the
Agreement shall lie exclusively in Denton County, Texas.
11.2 The Owner and Design Professional, respectively, bind themselves, their partners, successo, assigns and legal represen-
tatives to the other party to this Agreement and to the parmers, successors, assigns and legal representatives ofsuch other party
with respect to all covenants of this Agreement. The Design Professional shall not assign its interests in the Agreement without
the written consent afthe Owner.
11.3 The tean Agreement as used herein includes the executed Agreement, the Proposal, these General Conditions and other
attachments referenced in Section 3 ofthe Agreement which together represent the enrire and integrated agceement between the
Owner and Design Professional and supersedes all prior negotiations, representations or agreements, either written or oral. The
Agreement may be amended only by written insUument signed by both Owner and Design Professional. When interpreting the
Agreement the executed Agreement, Proposal, these General Condirions and the other attadvnents referenced in Section 3 ofthe
Agreement shall to the extent that is reasonably possible be read so as to harmonize the provisions. However, should the
provisions ofthese documents be in conflict so that they can not be reasonably hattnonized, such documents shal] be given
priority in the following order:
1. The executed Agreement
2. Attachments referenced in Secfion 3 ofthe Agreementotherthan the Proposal
3. These General Provisions
11.4 Nothing containedin theAg eement shall create a conhactual relationship with oracause ofaction in favor ofa third party
against either the Ow er or DesignProfessional.
11.5 Upon receipt ofprior written approval ofOwner, the Design Professional shall have the right to include representations of
the design ofthe Project, including photographs ofthe exterior and interior, among the Design ProfessionaPs promotional and
professional materials. The Design Professional's materials shall not include the Ownets confidential or proprieffiry information
ifthe Owner has previously advised theDesign Professional in writing ofthe specific information considered bythe Ownerto be
confidential or proprietary. The Ow er shall provide professional credit for theDesign Professional on the construction sign a d
in the promotional materials for the Project.
11.6 Approval by the Owner shall not constitute, nor be deemed a release of the responsibility and liability ofthe Design
Professional, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of
the'v designs or other work; norshall such approval be deemed to be an assumption ofsuch responsibility by the Owner for
any defect in the design or other work prepared by the Design Professional, its employees, subcontractors, agents, and
consultants.
11.7 All notices, communicaUons, and reports requioed orpermitted under the Agreement shall be personally delivered or
mailed to the respective parties by depositing same in the United States mail to the address shown below signature block on
the Agreement, certified mail, retum receipt requested, unless otherwise specified herein. Al] notices shall be deemed
effective upon receipt by the parry to whom suchnotice is given, orwithin three (3) days after mailing.
11.8 If any provision of the Agreement is found or deemed by a court of competent jurisdiction to be invalid or
unenforceable, it sball be considered severable from the remainder ofthe Agreement and shall not cause the remainder to
be invalid or unenforceable. In such event, the parties shall reform the Agreement to replace such stricken provision witha
valid andenforceable provision which comes as close as possibleto expressing the intention ofthe stricken provision.
11.9 The Design Professional 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.
11.10 In performing the Services required hereunder, the Design Professional shall not discriminate against any person on
the basis ofrace, color, religion, sex, national origin or ancestry, age, or physica] handicap.
11.11 The captions ofthe Agreement are for informational purposes only, and shall not in any way affect the substantive
terms or conditions oftheAgreement.
Page 12
ATTACHMENT 'A'
ITEMIZED SCOPE OF SERVICES
Denton Municipal Electric (DME)
Capital Improvement Plan (CIP)
Engineering and Surveying Support
BASIC SERVICES
Project Description
The scope set forth herein defines the work that is expected to be perFormed by the DESIGN
PROFESSIONAL in completing the project. In general, the work will consist of providing
surveying, platting, permitting and civil engineering support as needed for implementation of the
transmission lines and substations that are part of the DME CIP. It is understood by both the City
of Denton (Denton Municipal Electric or DME) and the DESIGN PROFESSIONAL that the specific
details of the effort required by DME cannot be fully determined at this time. Attachment B sets
forth the specific substations and transmission lines that are contemplated, and illustrates the
assumptions made in establishing the budget figures indicated herein. The intent of this
agreement is to summarize the anticipated support services needed without excluding services
that are not foreseen at this time.
Work to be Performed
More specifically, the work will include, but not be limited to, the following:
Land Surveying
Deed sketches, boundary surveys, plats, design surveys, topographic surveys, preparation of
easement exhibits, alignment staking, as-built surveys, Level B Subsurface Utility Engineering
S.U.E.), construction verification surveys of concrete placement and other improvements,
placement of monuments, and other surveying services as necessary.
Engineering
Feasibility studies for site selections, alignment evaluations and route planning, coordination
with other governmental agencies (including TxDOT, City of Denton, Denton County, etc.), site
plans, grading plans, drainage studies, design of support infrastructure (such as streets,
drainage, water and sanitary sewer facilities), coordination and consultation with geotechnical
engineers, preparation of specifications and Requests for Proposals, construction oversight
and/or inspection, and other design services as necessary.
Permitting
Permit processing, including coordination with the City of Denton Planning Department, and
preparation of submittal packages for permits such as Specific Use Permits, variances, plats,
Environmentally Sensitive Areas, TxDOT permits, floodplain studies, Clearing & Grading
permits, building permits and other permits as may be required. The DESIGN
PROFESSIONAL will represent DME at public meetings and official meetings with City staff
as requested. Project management, planning, scheduling and tracking necessary to direct the
work will also be a part of this effort.
Attachment A- Page 1 of 3
Assumptions and Clarifications
The following assumptions were used by the DESIGN PROFESSIONAL for the preparation
of this scope of Basic Services:
The estimated fees indicated for the services identified above are based on
information provided by DME with regard to the substations and transmission lines
that are part of the CIP and listed in Attachment B. That information indicates the
following anticipated efforts:
a. Completion of support services on four substations currently underway.
b. Surveying, engineering and permitting support on an additional fourteen
substations, switch stations or interchanges. An effort has been made to
identify the effort required by determining the type of permits, plats and public
improvements expected for each specific site. One additional, unidentified
substation has been included to account for the possibility of a change in the
CIP.
c. Surveying, alignment evaluation and easement preparation for five transmission
line segments, along with completing easement preparation for one
transmission line segment currently underway.
2. Services to be provided will be as requested by DME staff. As each assignment is
made, specific details and scope of work will be identified for that assignment.
Engineering design will be in accordance with City of Denton (or other applicable
agencies) design standards, and generally accepted engineering practices.
4. All services will be pertormed at TNP standard hourly rates effective at the time the
work is performed. The estimated fees shown herein take into account the fact that
the support services required will extend over a period of at least four years.
5. Easement documents prepared will consist of an Exhibit A(property description) and
Exhibit B(parcel map), and will be sealed by a Registered Professional Land
Surveyor.
6. Horizontal and vertical control shall be established by TNP survey crews at
strategic locations along the project route and will consist of 5/8 inch rebar with
caps stamped "TNP" set flush with existing ground. Temporary benchmarks will be
established at appropriate intervals along the project route for utilization during
design and construction phases. All bearings of lines provided by TNP will be
referenced to Grid North of the Texas Coordinate System of 1983 {North Central
Zone No. 4202; NAD83 (CORS96) Epoch 2002.00} as derived locally from
Western Data Systems Continuously Operating Reference Stations (CORS) via
Real Time Kinematic (RTK) survey methods. All distances and coordinate data
provided by TNP will reflect surface values. An average Combination Factor will be
utilized and reported for scaling grid coordinates and distances to surface values.
All elevations provided by TNP will be referenced to NAVD88, as derived from RTK
observations. Orthometric heights will be calculated by applying the Geoid09
model to ellipsoid heights.
Attachment A- Page 2 of 3
Compensation
For work perFormed by the DESIGN PROFESSIONAL within the scope identified above, the
DESIGN PROFESSIONAL will be reimbursed as described below:
The OWNER agrees to pay the DESIGN PROFESSIONAL for services requested at
standard hourly rates based on the attached rate schedule (Attachment C). The rate
schedule may be modified at the beginning of each calendar year. Services performed
by each staff member will be billed at rates that fall within the ranges shown on the rate
schedule in effect at the time the work is pertormed, and are based on a multiplier of the
actual salary cost. That actual salary cost, and the hourly billing rate, may be adjusted
from time to time, but will always fall within the range indicated on the rate sheet
effective at the time. Work that requires the use of a subconsultant will be reimbursed at
DESIGN PROFESSIONAL's cost plus 10% for non-labor, subcontract or mileage items.
Direct, or actual out-of-pocket expenses that are incurred during the progress of the
work will be reimbursed at DESIGN PROFESSIONAL's cost plus 10%. The actual out-
of-pocket expenses include: air fare, automobile rental if required, mileage charges
outside a 100 mile radius of Denton, Texas), parking, tolls, taxi, meals, lodging,
telephone, printing and reproduction costs for worlc outsourced, materials such as survey
monuments, and reproduction or mounting of exhibits, or delivery/courier services, and
other miscellaneous costs incurred specifically for this project. Printing, copies, plots
and reproduction work done in-house shall be compensated per the DESIGN
PROFESSIONAL's most current rate schedule for such work (Attachment `C').
OWNER shall be billed monthly for services rendered and pay promptly upon receipt of
invoice. Delays of payment in excess of 30 days from invoice date may result in
cessation of services until payment is received.
Budqet Summary
The following estimated budgets represent anticipated fees and costs, based on the
assumptions enumerated herein, that shall be paid to the DESIGN PROFESSIONAL for
labor and expenses involved in the various items of work within the scope of Basic
Services identified above. These figures are only estimates based on the assumptions
shown on Attachment B, and do not necessarily represent maximum costs.
Substation Support $ 2,715,000
Transmission LineSupport $ 1,405,000
Direct Expenses $ 40.000
Estimated Total $ 4,160,000
Attachment A- Page 3 of 3
ATfACHMENT B
Substation and Transmission Line Projects DME Capital Improvement Plan
TNP Estimated Effort, actual costs may ary
ubstations/Switches Comments
Caoper Creek Substation
1 (PARTIALLY COMPLETE) SUP, Pre Plat, Final Plat, ESA, Pu61ic, TxDOT
2 Teasley5ubstatlon Noeffortanticipated
3 Kings Row Substation SUP, Minor Plat, ESA
4 Pockrus Substation SUP, Minor, Public
5 McNlnney Substatlon SUP, Pre Plat, Final Plat, Public, TxDOT
6 New North Su6statfon SUP, Pre Plat, Final Plat, ESA, Public
7 North LakesSubstatlon SUP, Pre Plat, Final Plat, Public
8 New West Substatian SUP, MinorPlat, Public, TxDOT
9 Lacust Substation SUP, Pre Plat, Final Plat, Pu61ic
10 Denton North Interchange SUP, Pre Plat, Final Plat, Public,TxDOT
TMPAArca Swltch/DMEArco
11 Substation SUP, Pre Plat, Flnal Plat, Public
12 Hickory5ubstation SUP, Pre Plat, Final Plat
13 New Su6statfon in the Area of UNT SI1P, Pre Plat, Final Plat
14 TMPASpencerinterchange SIIP
15 Fort Worth Substation No effortanticipated
16 RD Wells Interchange No effortanticipated
17 Spencer Switch No effortanticipated
18 Woodrow Substation No effortanticipated
19 Bonnie 8rae Substation No effortan[Iclpated
New Narthwest 138kV Switch
20 Station SUP, Pre Plat, Final Plat, ESA, Public
New Substatlon In theArea
21 6etween Pockrus and Arco SUP, Pre Plat, Flnal Plat, ESA, Public
New Substation in theArea
Northwest of Loop 288and
22 Spencer SUP, Pre Plat, Final Plat, Public, Tx OT
New Substation in theAreaof
Northwest of Denton North
Interchange on the Brazos
23 Transmission Line SUP, Pre Plat, Final Plat, Public
New Substatlon Northeast of the
24 Spencer WaterTreatment Plant SUP, Pre Plat, Final Plat, Publlc
25 lim Christal5ubstation No effortanticipated
26 Denton West Interchange No effortanticipated
27 Industrial Substation No effortanticipated
2$ New West Swit[h Statlon SUP, Pre Plat, Final Plat, ESA, Public, TxDOT
UnidentiFed Additional Station SUP, Pre Plat, Ffnal Plat, ESA, Public, TxDOT
7% condngencyforchangesand
unfareseen requirements
Total
Page 1 of 2
2013 2014
Y
7
iESITT.1
2015
7/11/2013
2016 Total
91,000
143,000
130,000
135,000
106,000
s ize,000
146,000
131,000
120,000
135,OOD
66,000
36,000
S -
144,000
c a nnn
139,000
147 UVU J 147 UVU
142,000 - $ 142,000
155,000 $ 155,000
148,000 - $ 148,000
45,000 46,000 65,000 21,000 $ 177,000
693,000 $ 698,000 $ 998,000 $ 325,000 $ 2,714,000
Recommended Budget S z,is,oao
Substation and Transmission Line Projects DME Captital Improvement Plan 7/11/2013
TNP Estimated Effort, actual costs may vary
Transmission Lines Length Parcels 2013 2014 2015 2016
Woodrow - Kings Row 69kV
Transmission Line (PARTIALLY
29 COMPLETE) (PUrple Line) 17,330 37 23,000 $ 23,000
Kings Row - Denton Narth 69kV
Transmission Llne (PARTIALLY
30 COMPLETE) (Yellow Line) 11,300 9 45,000 $ 45,000
Narth Lakes - 8annle Brae 69kV
31 Transmisslon Llne 8,031 12 108,000 $ SO8,000
32 TMPA Line Upgrades $ -
Spencer-Pockrus 138kV
33 Trensmission Line 17,434 23 225,000 $ 225,000
Spencer Swltch - Lacust69kV
34 Trensmission Line 10,121 39 286,000 $ 286,000
35 Dentan North - North Lakes 10,700 17 152,000 $ 152,000
Hickory - Locust 69kV Transmisslon
36 Line 8,384 88 272,000 $ 272,000
Pockrus - Arco 138kVTransmission
37 Line No effortanticipated $ -
Spencerinterchange-Spencer
38 Swltth No effortanticipated $ '
NewTransmisslon Line fram West
39 138kVSour[e No effortanticipated $ -
Constructand Reroute
Transmission inthe Area North of
40 Spencer Interchange No effortanticipated $ -
New Transmission Line from New
41 West Switch Station to RD Wells No effortanticlpated S -
42 Pacar Transmtssion Llne Reroute 5,800 4 63,OOD $ 63,000
BonnieBree-HickorySurvey 71,000 $ 71,000
Subsurface Utility Engineering 25,000 40,000 $ 65,000
7% contingenqforchanges and
unforeseen requirements 19,000 58,000 15,000 - $ 92,000
Total S z9i,000 S asi,000 $ zso,000 g - S l,aoz,000
Recommended Budget S i,aos,000
Page 2 of 2
Attachment C
TEAGUE NALL AND PERKINS, INC.
Standard Rate Schedule for Time and E ense Contracts
Effective January 1, 2013 to December 31, 2013*
Enqineerina / Technical From To
Principal $170 - $240 Per Hour
Project Manager $120 - $220 Per Hour
Senior Engineer $110 - $220 Per Hour
Engineer $ 85 - $150 Per Hour
Landscape Architect / Planner $110 - $180 Per Hour
Landscape Designer $ 70 - $120 Per Hour
Designer $ 85 - $130 Per Hour
Senior Designer $100 - $160 Per Hour
CAD Technician $ 60 - $100 Per Hour
Senior CAD Technician $ 75 - $110 Per Hour
IT Consultant $120 - $150 Per Hour
IT Technician $ 85 - $120 Per Hour
Clerical $ 50 - $ 80 Per Hour
Resident Project Representative $ 70 - $120 Per Hour
Survevinq
Survey Manager $130 - $190 Per Hour
Registered Professional Land Sur eyor $120 - $150 Per Hour
S.I.T. / Senior Survey Technician $85 - $110 Per Hour
Survey Technician $70 - $100 Per Hour
1-Person Field Crew w/Equipment** $120 Per Hour
2-Person Field Crew w/Equipment** $145 Per Hour
3-Person Field Crew w/Equipment** $165 Per Hour
4-Person Field Crew w/Equipment*'` $190 Per Hour
Flagger $40 Per Hour
Abstractor (Property Deed Research) $85 Per Hour
Subsurface Utilitv Ennineerinq Hourlv Rate
SUE Engineer $160
Sr. Utility Location Specialist $ 95
Utility Location Technician $ 75
1-Person Designator Crew w/Equipment $115
2-Person Designator Crew w/Equipment $135
2-Person Vacuum Excavator Crew w/Equipment $250 (Travel and Stand-by)
SUE QL-A Test Hole (0 < 4 ft)*** $900 per hole
SUE QL-A Test Hole (>4 < 6 ft)**" $1,100 per hole
SUE QL-A Test Hole (>6 < 8 ft)*'"` $1,310 per hole
SUE QL-A Test Hole (>8 < 10ft)*"" $1,530 per hole
SUE QL-A Test Hole (>10 < 12ft)*'''` $1,770 per hole
SUE QL-A Test Hole (>12 < 14ft)"** $2,000 per hole
Direct Cost Reimbursables
Photocopies: $0.154/sf letter, legal and 11" x 17" size bond paper, B&W
0.7701/sf letter, legal and 11" x 17" bond paper, color
Prints: $0.154/sf letter, legal and 11" x 17" bond paper, B&W & color
Plots: $0.154/sf 11" x 17" size bond paper, B&W & color
0.50/sf 22" x 34" and larger bond paper or ellum, B&W & color
1.00/sf 22" x 34" and larger mylar or acetate, B&W
Mileage $0.565/mile
A!I Subcontracted and outsourced services shad be 6i!!ed atrates comparable to TNP's billing rates shown above.
Rates shown are forcalendaryear 2013 and are subject to change in subsequent years.
Equipment inc/udes Truck, ATV, Robofic Total Station, GPS Units andDigital Level.
Pricing inc/udes 2-Person crew, designating forexcavation, vehicle cosis, andfield supplies.