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2017-114ORDINANCE •' . 2017-114 -------------- WHEREAS, on August 6, 2013, by Ordinance No. 2013-189, the City awarded a contract to Teague Nall and Perkins, Inc. in the amount of $4,160,000 for engineering and surveying services related to Denton Municipal Electric Capital Improvement Plan Projects; and WHEREAS, the Staff having recommended, and the City Manager having recommended to the Council that an amendment be authorized to amend such contract agreement with respect to an increase in the payment amount, and said fees under the proposed contract are fair, and reasonable, and are consistent with and not higher than the recommended practices, and fees applicable to the Provider's profession, and such fees do not exceed the maximum provided by law; NOW, THEREFORE, SECTION 1. The First Amendment, increasing the amount of the contract between the City and Teague Nall and Perkins, Inc., which is on file in the office of the Purchasing Agent, in the amount of Four Million Three Hundred Sixty Thousand and 0/100 ($4,360,000) Dollars, is hereby approved and the expenditure of funds therefor is hereby authorized in accordance with said amendment. The total contract amount increases to $8,520,000. SECTION 2. This ordinance shall become effective immediately upon its passage and approval,�ry PASSED AND APPROVED this the _ day of,, L 2017. C 17MIS WATTS, Me(OIRI� ATTEST: JENNIFER WALTERS, CITY SECRETARY Lot", APPRO'Vl:;]) AS TO LEGAL FORM: AARON LEAL, INTERIM CITY ATTORNEY BY: "I z4- '<z�' k- DocuSign Envelope ID: DC20457B-9D0F-4908-B3E6-A2F800DBB970 THE STATE OF TEXAS § § COUNTY OF DENTON § FIRST AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND TEAGUE NALL AND PERKINS \[RFP NO. 5306\] THIS FIRST AMENDMENT TO CONTRACT 5306 by and between the City of Denton, and Teague Nall and Perkins Design Professional); The OWNER deems it necessary to further expand the professional services provided by DESIGN PROFESSIONAL to the OWNER; NOW THEREFORE, 1. , the following subsections shall be amended to read as follows: 2.1.1 For Basic Services the Estimated Fee compensation shall be $8,480,000. 2.5 Total Contract Amount $8,520,000 2. Additional services shall be rendered per the attached proposal, attached and incorporated herein as Exhibit 1. All other provisions of the contract 5306, as heretofore amended, remain in full force and effect. IN WITNESS WHEREOF, the OWNER and the DESIGN PROFESSIONAL, have each executed this Amendment, by and through their respective duly authorized representatives and officers on this date ________________________________. Contract 5306 Amendment #1 Page 1 of 2 DocuSign Envelope ID: DC20457B-9D0F-4908-B3E6-A2F800DBB970 TEAGUE NALL AND PERKINS A Corporation By: _________________________________ AUTHORIZED SIGNATURE, TITLE CITY OF DENTON, TEXAS A Texas Municipal Corporation By: __________________________________ TODD HILEMAN CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY By: __________________________________ APPROVED AS TO LEGAL FORM: AARON LEAL, INTERIM CITY ATTORNEY By: ___________________________________ Contract 5306 Amendment #1 Page 2 of 2 DocuSign Envelope ID: DC20457B-9D0F-4908-B3E6-A2F800DBB970 Contract 5306 Amendment 1, Exhibit 1 DocuSign Envelope ID: DC20457B-9D0F-4908-B3E6-A2F800DBB970 Contract 5306 Amendment 1, Exhibit 1 DocuSign Envelope ID: DC20457B-9D0F-4908-B3E6-A2F800DBB970 Contract 5306 Amendment 1, Exhibit 1 DocuSign Envelope ID: DC20457B-9D0F-4908-B3E6-A2F800DBB970 Contract 5306 Amendment 1, Exhibit 1 A SUMMARY OF ENGINEERING FEES Amendment No. 1 Denton Municipal Electric Capital Improvement Plan A. BASIC SERVICES: For work performed by the ENGINEER within the scope identified in ATTACHMENT B, Itemized Scope of Services, the ENGINEER will be reimbursed as described below: 1. Labor The following estimated fees shall be paid to the ENGINEER for labor involved in the various items of work within the scope of Basic Services identified in ATTACHMENT B: Substations $ 2,170,000 Transmission Lines $ 2,190,000 All services will be provided at hourly rates for services actually provided. 2. Total Fee for Basic Services TOTAL (BASIC SERVICES) $4,360,000 SUMMARY OF AMENDED CONTRACT Original Amend. No. 1 Total Substation Support $2,715,000 $2,170,000 $ 4,885,000 Transmission Line Support $1,405,000 $2,190,000 $ 3,595,000 Direct Expenses $ 40,000 ___________ $ 40,000 Total $4,160,000 $4,360,000 $ 8,520,000 DocuSign Envelope ID: DC20457B-9D0F-4908-B3E6-A2F800DBB970 Contract 5306 Amendment 1, Exhibit 1 B ITEMIZED SCOPE OF SERVICES Amendment No. 1 Denton Municipal Electric Capital Improvement Plan BASIC SERVICES PROJECT DESCRIPTION The original agreement was estimated based on some very general assumptions regarding the specific scope of work needed to support the CIP, and was intended to allow some flexibility to provide whatever engineering and surveying services were needed, including those that were not anticipated as the CIP began. In the course of the execution of the CIP, TNP has been involved more fully than expected in site selection and feasibility evaluations, prepared field surveys of existing transmission lines, done more construction staking than anticipated, prepared ALTA surveys for acquisition of numerous properties, and generally had a greater role in the execution of the CIP than originally anticipated. Several substations have required the design of retaining walls and/or storm drain systems or other public improvements that were not anticipated. In addition, several services have been completed under the original contract by subconsultants, including Phase I Environmental Site Assessments and Asbestos testing for structures to be removed. 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, as well as technical support for other DME operations and maintenance needs, both transmission and distribution. 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. The description below sets forth the specific substations and transmission lines that are contemplated, and illustrates the assumptions made in establishing the budget figures indicated herein. This list of substations and transmission lines is primarily for the purpose of describing how the estimated fees were determined, but does not preclude the possibility of other facilities being added to the list. 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 A and 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. Attachment B - Page 1 of 3 DocuSign Envelope ID: DC20457B-9D0F-4908-B3E6-A2F800DBB970 Contract 5306 Amendment 1, Exhibit 1 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), substation retirement support, underground transmission line design and support, landscaping and irrigation design, structural design, 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, Site Plans, 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. Anticipated Assignments Basic Services Completion of the CIP will require support for the following substations and transmission lines, some of which are in process and others have yet to begin: Substations Jim Christal, Brinker, Long Road, Underwood, Mayhill, Eagle, Hickory, Masch Branch, Fort Worth Expansion, Denton West Interchange, New Northwest, New West Switch Transmission Lines Hickory to Locust, RD Wells to Hickory, Spencer to Locust, Pockrus to Mayhill, Mayhill to Brinker, Denton North to Arco, Cooper Creek to Arco, Pockrus to Arco, Jim Christal to RD Wells, Denton West Interchange to RD Wells, Woodrow to Brinker, Spencer to Brinker Assumptions and Clarifications The following assumptions were used by the DESIGN PROFESSIONAL for the preparation of this scope of Basic Services: 1. 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, as indicated above. 2. Services to be provided will be as requested by DME staff. 3. Services will be provided by TNP staff or may be provided by subconsultants where additional capacity or specialized expertise is required. 4. Engineering design will be in accordance with City of Denton (or other applicable agencies) design standards, and generally accepted engineering practices. 5. All services will be performed at TNP standard hourly rates effective at the time the work is performed. 6. 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. Attachment B - Page 2 of 3 DocuSign Envelope ID: DC20457B-9D0F-4908-B3E6-A2F800DBB970 Contract 5306 Amendment 1, Exhibit 1 7. Horizontal and vertical control shall be established by TNP survey crews at strategic 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 B - Page 3 of 3 Certificate Of Completion Envelope Id: DC20457B9D0F4908B3E6A2F800DBB970Status: Completed Subject: City Council Docusign Item - 5306 Amend 1 Source Envelope: Document Pages: 10Signatures: 4Envelope Originator: Supplemental Document Pages: 0Initials: 0Karen E. Smith Certificate Pages: 6 AutoNav: EnabledPayments: 0karen.smith@cityofdenton.com EnvelopeId Stamping: EnabledIP Address: 129.120.6.150 Time Zone: (UTC-06:00) Central Time (US & Canada) Record Tracking Status: OriginalHolder: Karen E. SmithLocation: DocuSign 3/20/2017 4:02:20 PM karen.smith@cityofdenton.com Signer EventsSignatureTimestamp Karen E. SmithSent: 3/20/2017 4:07:55 PM Completed karen.smith@cityofdenton.comViewed: 3/20/2017 4:08:07 PM Assistant Purchasing ManagerSigned: 3/20/2017 4:09:32 PM Using IP Address: 129.120.6.150 City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Gary L. VickerySent: 3/20/2017 4:09:35 PM GVickery@TNPINC.comViewed: 3/20/2017 4:10:36 PM PrincipalSigned: 3/20/2017 4:11:41 PM Security Level: Email, Account Authentication Using IP Address: 71.123.192.18 (Optional) Electronic Record and Signature Disclosure: Accepted: 3/20/2017 4:10:36 PM ID: 27143f11-f80b-49ec-9b51-bf40c1fe9a9f John KnightSent: 3/20/2017 4:11:44 PM john.knight@cityofdenton.comViewed: 3/20/2017 4:17:31 PM Deputy City AttorneySigned: 3/20/2017 4:18:38 PM City of Denton Using IP Address: 129.120.6.150 Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Julia WinkleySent: 3/20/2017 4:18:40 PM Completed julia.winkley@cityofdenton.comViewed: 3/20/2017 4:40:06 PM Contracts Administration SupervisorSigned: 4/12/2017 8:48:41 AM Using IP Address: 129.120.6.150 City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Signer EventsSignatureTimestamp Todd HilemanSent: 4/12/2017 8:48:45 AM todd.hileman@cityofdenton.comViewed: 4/12/2017 8:51:19 AM City ManagerSigned: 4/12/2017 8:51:35 AM City of Denton Using IP Address: 47.184.87.251 Security Level: Email, Account Authentication Signed using mobile (Optional) Electronic Record and Signature Disclosure: Accepted: 2/8/2017 6:52:51 PM ID: 8154723a-9757-4d53-a4b5-794656233671 Jennifer WaltersSent: 4/12/2017 8:51:38 AM jennifer.walters@cityofdenton.comViewed: 4/12/2017 3:58:21 PM City SecretarySigned: 4/12/2017 3:58:41 PM City of Denton Using IP Address: 129.120.6.150 Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: In Person Signer EventsSignatureTimestamp Editor Delivery EventsStatusTimestamp Agent Delivery EventsStatusTimestamp Intermediary Delivery EventsStatusTimestamp Certified Delivery EventsStatusTimestamp Carbon Copy EventsStatusTimestamp Julia WinkleySent: 3/20/2017 4:11:43 PM julia.winkley@cityofdenton.com Contracts Administration Supervisor City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Sherri ThurmanSent: 3/20/2017 4:11:43 PM sherri.thurman@cityofdenton.comViewed: 3/20/2017 4:21:46 PM Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Jane RichardsonSent: 4/12/2017 8:48:44 AM jane.richardson@cityofdenton.comViewed: 4/12/2017 9:06:44 AM Assistant City Secretary City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Carbon Copy EventsStatusTimestamp Robin FoxSent: 4/12/2017 8:48:44 AM Robin.fox@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Accepted: 10/9/2015 1:39:51 PM ID: 04463961-03db-4c4d-9228-d660d6146ed6 Jennifer BridgesSent: 4/12/2017 3:58:45 PM jennifer.bridges@cityofdenton.com Procurement Assistant City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Jane RichardsonSent: 4/12/2017 3:58:47 PM jane.richardson@cityofdenton.comViewed: 4/13/2017 12:53:57 PM Assistant City Secretary City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Chuck SearsSent: 4/12/2017 3:58:48 PM chuck.sears@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Notary EventsTimestamp Envelope Summary EventsStatusTimestamps Envelope SentHashed/Encrypted4/12/2017 3:58:48 PM Certified DeliveredSecurity Checked4/12/2017 3:58:48 PM Signing CompleteSecurity Checked4/12/2017 3:58:48 PM CompletedSecurity Checked4/12/2017 3:58:48 PM Payment EventsStatusTimestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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