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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 of the 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 of Denton 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 hereof by 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 of the 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 OF DENTON GENERAL CONDITIONS TO AGREEMENT FOR ARCfIITECTiJRAL OR ENGINEERING SERVICES ARTICLE 1. ARCIIITECT OR ENGINEER'S RESPONSIBILITIES 1.1 The Architect or Engineets services consist of those 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 of these General Conditions as modified by the Agreement and Proposal (the "Services"). 1.2 The Design Professional will perform all Services as an independent contractor to the prevailing professional standazds consistent with the level of ca� and skill ordinarily exercised by members of the same profession 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 of Care 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 of submissions by authorities having jurisdiction over the 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 to both 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 modified by the Agreement. 2.2 SCHEMATIC DESIGN PHASE (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 and to 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 of the other, subject to the limitations set forth in Subsection 5.2.1. 2.2.3 The Design Professional shall review with the 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 of drawings 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 and regulations. 2.2.5 The Design Professional shall submit to the Owner a preliminary detailed estimate of Conshuction Cost based on current area, volume or other uuit costs and which indicates the cost of each category of work involved in constructing the Project and establishes an elapsed time factor for the period of fime from the commencement to the completion of construction. 2.3 DESIGN DEVELOPMENT PAASE (See attachmenis for de�iled scope informafiou) 2.3.1 Based on the approved Schematic Design Documents and any adjushnents authorized by the Owner in the progam, sche- dule or construction budget, the Design Professional shall prepare for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as 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 and specifications will be sufficient and adequate to fulfill the purposes of the Project. 2.3.2 The Design Professional shall advise the Owner of any adjustrnents to the preliminary estunate of Construction Cost in a further Detailed Statement as described in Section 2.2.5. 2.4 CONSTRUCl'ION DOCCTMENTS PHASE (See attachmenis for detailed scope information) 2.4.1 Based on the approved Design Development Documents and any further adjustrnents in the scope or quality of the Project or in the consintction budget authorized by the Owner, the Design Professional shall prepue, for approval by the Owner, Construcrion Documents consisting ofDrawings and Specifications setting forth in deffiil requirements forthe construction ofthe Project, which shall comply with all 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, bidding or procurement forms, the Conditions of the contract, and the form of Agreement between the Owner and contractor. Page 4 2.4.3 The Design Professional shall advise the Owner of any adjustrnents to previous preliminary estimates of Construcrion Cost indicated by changes in requirements or general market conditions. 2.4.4 The Design Professional shall assist the Owner in connection with the Owne�s responsibility for filing documents required for the approval of govemmental authorities having jurisdiction over the 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 of Construction 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 If the construction conhact amount for the Project exceeds the total construction cost of the 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 of the Project will not exceed the total construction cost set forth 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 of the Contract for Conshuction and teaninates at the issuance to the Owner of the final Certificate for Payment, unless extended under the terms 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 of the date of the Agreement, unless othenvise provided in the Ageement. For engineers the administration shall also be in accocdance with the Standard Specifications for Public Works Construction by the North Central Texas Council of Govemu�ents, current as of the date ofthe Agceement, unless othenuise provided in the Agreement. 2.6.3 Construction Phase duties, responsibilities and limitations of authority of the Design Professional shall not be restricted, modified or e�ctended without written ageement of the 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 modified by written inshument. 2.6.5 The Design Professional shall inspect the construction site at least two times a week, regardless of whether 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 that the 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 keep the Owner informed of the progress and quality of the work, and shall exercise the Degree of Care 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 of the Design Professional's Services hereu�der or of the Project itself shall in no way alter the Design Professional's obligations or the Owne�'s rights hereunder. 2.6.6 The Design Professional shall not have control over or chazge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for 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 other persons performing portions of the work. 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 be tluough the Design Professional. 2.6.9 Based on the Design Professional's obse�vations at the site of the work and evaluations of the 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 further constitute a representarion that the Contractor is e�titled to payment in the amount certified. However, the issuence of a Certificate for Payment shall not be a representation that the Design Professional has (I) reviewed consh�uction means, methods, techniques, sequences or procedures, or (2) ascertained how or for what purpose the Contractorhas used money previously paid on account of the Conhact Sum 2.6.11 The Design Professional shall have the responsibility 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 of the 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 of the Design Professional to the Con[ractor, Subcontractors, material and equipment supplie�s, their agents or employees or other persons performing portions of the 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 cause no 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 for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substanUating inshuctions for installarion or perFormance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. 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 of materials, systetns or equipment is required by the ContTact Documents, the Design Professional shall be entitled to rely upon such certificallon to establish that the materials, systems or equipment will 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 of the 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 if requested 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 of the Contract Documents. 2.615 The Design Professional shall iciterpret and provide recommendations on matters conceming performance of tUe 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 or decisions so rendered in good faith in accordance with all the provisions ofthis Agreement and in the absence of negligence. 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 of Care; (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 or diminish 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 the Design 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 if authorized or confim�ed in writing by the Owner. If services described under Contingent Additional Services in Section 33 aze required due to circumstances beyond the Design Professional's control, the Design Professional shall notify the 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 that all 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 if they are not required due to the negligence or fault of Design Professional. 3.2 PROJECI' REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If moie extensive representation at the site than is described in Subsection 2.6.5 is required, the Design Professional shall provide one or more Project Representatives to assist in carrying out 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 by the Owner and Design Professional. 3.3 CONTINGENT ADDITIONAL SERVICES 3.31 Making material revisions in Dcawings, 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�s program 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 of the Owne�s failure to render decision 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, ar the Owne�s scl�adule, except for services required under Subsection 2.5.2. 3.3.3 Preparing Drawings, Specifications and other documentation and supporting daffi, and providing other services in connec- tion with Change Orders and Constnaction Change Directives. 3.3.4 Providing consultation conceming replacement of work damaged by fire or other cause during construction, and fumishing services required in connection with the replacement of such work. 3.3.5 Providing services made necessary by the default of the Con[ractor, by major defects or deficiencies in the work of the Contractor, or by failure of performance of either tlte Owner or 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 public heariog, arbitration proceeding or legal proceeding except where the Design Professional is party thereto. 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 of the 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 of the 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 Providing planning surveys, site evaluations or comparative studies of prospective sites. 3.4.3 Providing special surveys, environmental sludies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. 3.4.4 Providing services relative to future facilities, systems and equipment. 3.4.5 Providing services to investigate e�sting conditioos or facilities or to make measured drawings thereof. 3.4.6 Providing services to verify the accucacy of drawings or other information fumished by the Owner. 3.4.7 Providing coordination of conshuction performed by separate contractors or by the Owne�s own forces and coordination of services required in co�nection with construction performed and equipment supplied by the Owner. 3.4.8 Providing detailed quantity surveys or inventories of material, equipment and labor. 3.4.9 Providing analyses of operating and maintenance costs. 3.4.10 Making investigations, inventories of materials or equipment, or valuations and de[ailed appraisals of �isting facilities. 3.4.12 Providing assistance in the utili�ation of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation 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 of fumiture, furnishings and related equipment. 3.4.14 Providing services other than as provided in Section 2.6.4, after issuance to the Owner of the final Certificate for Payment and expirarion of the Warranty period of the Coutract for Constcuction. 3.4.15 Providing services of consultants for other than architectural, civil, shuctural, mechanical and elecMcal engineering por- tions of the Project provided as a part of Basic Services. 3.4.16 Providing any other services not otherwise included in this Agreement or not customarily fumished in accordance with generally accepted architectural practice. 3.4.17 Preparing a set of reproducible 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 Contractor to 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 of the Design Professional shall be performed by the Design Professional as a part of the 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'S RESPONSIBILITIES 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 If requested by the Design Professional, the Owner shall fumish evidence that financial amengements have been made to fulfdl the Owner's obligations under this Agreement. 4.4 The Owner shall designate a representative authorized to act on the Owners behalf with respect to 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 of the Design 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 of the 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 anticipating sub-soil conditions, with reports and appropriate professional recommendations. 4.6.1 The Owner shall fumish the services of other consultants when such services are reaso�ably required by the swpe of the Project and aze requested by the 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 of the Additional Services, the Owner shall fumish shuctural, mechanical, chemical, air and 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 used the money paid by or on behalf of the 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 theceof in the absence of any negligence on the part of the Design Professional. 4.10 The Owner shall give prompt written notice to the Design Professional if the Owner becomes aware of any fault or defect in the Project or nonconfonnance with the Contract Documents. 4.11 Design Professional shall propose language for ce�tificates or certifications to be requesbed of the Design Professional or Design Professional's consultants and shall submit such to the Owner for review and approval at least fourteen (14) days prior to 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 of the 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 for by the Design Professional, plus a reasonable allowance for the Contractor's overhead and profit. Tn addition, a reasonable allowance for contingencies shall be included for mazket conditions at the time of bidding and for changes in the woric during construction. 51.3 Consriucrion Cost does not include the compensation of the Design Professional and Design ProfessionaPs consultants, the costs of the land, rights-of-way, financing or other costs which are the responsibIIity of the Owner as provided in Article 4. 5.2 RESPONSIBILTI'Y FOR CONSTRUCTION COST 5.2.1 Evaluations of the Ownets Project budget, preliminary estimates of Construction Cost and detailed estimates of Construc- tion Cost prepazed by the Design Professional represent the Design Professional's best judgment as a design professiooal familiaz with the construction industry. It is recognized, however, that neither the Design Professional nor the Owner has control over the cost of labor, materials or equipment, over the Contracto�s methods of detemiining 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 of Coustruction Cost or evaluation prepared or agreed to by the Design Professional. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of the Ageement by the fumishing, proposal or establishment of a 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 of construction are io be included in the Contract Documents, to make reasonable adjushnents in the scope of the 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 of the Contract for Consuuction. 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 of prices in the conslrucrion indushy between the date of submission of the 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 become the property of the Owner upon temiination or completion of the 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 of such documents in other projects shall be at Owner's sole risk and expense. In the event the Owner uses any of the information or materials developed pursuant to 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 as publication in derogation of the Design Professional's reserved rights. ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT 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 of the Agreement through no fault of the 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 of the thirty (30) day period, Design Professional shall invoice the Owner for all work it saHsfactorily performed prior to the receipt of such notice. No amount shall be due for lost or anricipated profits. All plans, field surveys, and other data related to the Project shall become properiy of the Owner upon terminarion of the Agreement and shall be promptly delivered to the Owner in a reasonably organized form. Should Owner subsequently contract with a new Design Professional for continuation of services on the Project, 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 not less than seven days written notice to the Design 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 or the Owner may teaninate the Agreement by giving written notice. 7A Failure of the Owner to make payments to the Design Professional for work sa6sfactorily completed in acco�dance with the Agreement shall be co�sidered substantial nonperformance and cause for tersnination. 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 the Agreement. 7.6 In the event of tertnination not the fault of the Design Professional, the Design Professional shall be compensated for services properly and satisfactorily perfortned 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 of the 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 employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar conh-ibutions and benefits. 8.2 REIMBURSABLE EXPENSES 8.21 Reimbursable E�enses aze in addition to compensation for Basic and Addirional Services and include expenses inwrred by the Design Professional and Design Professional's employees and consultant� in the interest of the Project, as identified in the following Clauses. 8.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authotized out-of-town travel; long-distance communications; and fees paid for securing approva] of authorities having jurisdiction 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 of Drawings, Specifications and other documents. 8.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring hi�er than regular rates. 8.2.1.4 E�cpense ofrenderings, models and mock-ups requested by the Owner. 8.2.1.5 E�ense of computer-aided design and drafting equipment time when used in connecUon with the Project Page 10 8.2.1.6 Other expenses that are approved in advance in writing by the 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 each phase of service, on the basis set forth in Section 2 of the Agreement and the schedule of work. 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 of the Project are deleted or otherwise 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 of the 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 of the Project. 8.4 PAYMENTS ON ACCOUNT OF ADDITIONAL 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 ofher than 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 of Direct 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 and save and hold hannless 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 of the Design Professional or its of£icers, shareholders, agents, or employees in the execution, operation, or performance of the Agreement. 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 of the 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 that has a rating with Best Rate Carriers 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 for each accident, and with property damage ]imits of not less than $100,000 for each accident. 10.3 Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each accident including occupational disease. 10.4 Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. 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 of the 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 of insurance meeting the requirements of this 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 of such 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 af the 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 of the 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 of the Agreement shall to the extent that is reasonably possible be read so as to harmonize the provisions. However, should the provisions of these 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 of the Agreement other than the Proposal 3. These General Provisions 11.4 Nothing contained in the Ag�eement shall create a conhactual relationship with or a cause of action in favor of a third party against either the Ow�er or Design Professional. 11.5 Upon receipt of prior written approval of Owner, the Design Professional shall have the right to include representations of the design of the Project, including photographs of the 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 if the Owner has previously advised the Design Professional in writing of the specific information considered by the Owner to be confidential or proprietary. The Ow�er shall provide professional credit for the Design 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 of the Design Professional, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of the'v designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the Owner for any defect in the design or other work prepared by the Design Professional, its employees, subcontractors, agents, and consultants. 11.7 All notices, communicaUons, and reports requioed or permitted 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 such notice is given, or within 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 of the 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 with a valid and enforceable provision which comes as close as possible to 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 of race, color, religion, sex, national origin or ancestry, age, or physica] handicap. 11.11 The captions of the Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of the Agreement. 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 Lakes Substatlon SUP, Pre Plat, Final Plat, Public 8 New West Substatian SUP, Minor Plat, Public, TxDOT 9 Lacust Substation SUP, Pre Plat, Final Plat, Pu61ic 10 Denton North Interchange SUP, Pre Plat, Final Plat, Public,TxDOT TMPA Arca Swltch/DME Arco 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 effort anticipated 16 RD Wells Interchange No effort anticipated 17 Spencer Switch No effort anticipated 18 Woodrow Substation No effort anticipated 19 Bonnie 8rae Substation No effort an[Iclpated New Narthwest 138kV Switch 20 Station SUP, Pre Plat, Final Plat, ESA, Public New Substatlon In the Area 21 6etween Pockrus and Arco SUP, Pre Plat, Flnal Plat, ESA, Public New Substation in the Area Northwest of Loop 288 and 22 Spencer SUP, Pre Plat, Final Plat, Public, Tx�OT New Substation in the Area of Northwest of Denton North Interchange on the Brazos 23 Transmission Line SUP, Pre Plat, Final Plat, Public New Substatlon Northeast of the 24 Spencer Water Treatment Plant SUP, Pre Plat, Final Plat, Publlc 25 lim Christal5ubstation No effort anticipated 26 Denton West Interchange No effort anticipated 27 Industrial Substation No effort anticipated 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 - Lacust 69kV 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 138kV Transmission 37 Line No effort anticipated $ - Spencerinterchange-Spencer 38 Swltth No effort anticipated $ ' NewTransmisslon Line fram West 39 138kV Sour[e No effort anticipated $ - Constructand Reroute Transmission in the Area North of 40 Spencer Interchange No effort anticipated $ - New Transmission Line from New 41 West Switch Station to RD Wells No effort anticlpated 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% contingenq for changes 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 at rates comparable to TNP's billing rates shown above. * Rates shown are for calendar year 2013 and are subject to change in subsequent years. *" Equipment inc/udes Truck, ATV, Robofic Total Station, GPS Units and Digital Level. "** Pricing inc/udes 2-Person crew, designating for excavation, vehicle cosis, and field supplies.