HomeMy WebLinkAbout1999-130ORDINANCE NO q2-130
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH ARS
ENGINEERS, INC, DALLAS, TEXAS, FOR ENGINEERING DESIGN, EASEMENT
SURVEY, AND EASEMENT DOCUMENT PREPARATION SERVICES INCIDENT TO
THE LOCATION OF WATER AND WASTEWATER UTILITIES ALONG U S HIGHWAY
77, FROM INTERSTATE HIGHWAY 35 TO U S HIGHWAY 380, IN DENTON, DENTON
COUNTY, TEXAS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council deems it in the public interest to engage ARS Engineers,
Inc, a Corporation ("ARS"), to provide professional services to the City in the areas of
engineering design, easement survey, and easement document preparation incident to the
location of water and wastewater utilities along U S Highway 77, from Interstate Highway 35 to
U S Highway 380, in Denton, Denton County, Texas, and
WHEREAS, the City staff has reported to the City Council that there is a substantial need
for the above -described professional services, and that limited City staff cannot adequately
perform the services and tasks with its own personnel, and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional
Services Procurement Act", generally provides that a City may not select a provider of
professional services on the basis of competitive bids, but must select the provider on the basis of
demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price,
and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the professional services, as set forth in the Professional
Services Agreement, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the City Manager is hereby authorized to execute a Professional
Services Agreement with ARS Engineers, Inc , Dallas, Texas, a Corporation, for professional
services in the areas of engineering design, easement survey, and easement document
preparation, incident to the location of water and wastewater utilities along U S Highway 77,
from Interstate Highway 35 to U S Highway 380, in Denton, Denton County, Texas, in
substantially the form of the Professional Services Agreement attached hereto and incorporated
herewith by reference
SECTION II That the award of this Agreement by the City is on the basis of the
demonstrated competence, knowledge, and qualifications of ARS and the ability of ARS to
perform the professional services needed by the City for a fair and reasonable price
SECTION III That the expenditure of funds as provided in the attached Professional
Services Agreement is hereby authorized
SECTION IV That this ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED this the &-t day of rt 4 , 1999
JACI LER, MAYOR ,
ATTEST
JENNIFER WALTERS, CITY SECRETARY
B
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
By
S \Our Documents\Ordinances\99\ARSEngr PSA Hwy 77 W W W doc
STATE OF TEXAS
COUNTY OF DENTON
PROFESSIONAL SERVICES AGREEMENT
FOR ENGINEERING DESIGN, EASEMENT SURVEY, AND EASEMENT DOCUMENT
PREPARATION SERVICES INCIDENT TO THE LOCATION OF WATER AND
WASTEWATERUTILITIES ALONG U S HIGHWAY 77, FROM INTERSTATE HIGHWAY
35 TO U S HIGHWAY 380, IN DENTON, DENTON COUNTY, TEXAS
HIS A EMENT is made and entered into as of the 60- day of
1999, by and between the City of Denton, Texas, a Texas Municipal
Corpor Lion, with its principal offices at 215 E McKinney Street, Denton, Texas 76201 (hereinafter
"OWNER") and ARS Engineers, Inc a Corporation, with its offices at 4245 North Central
Expressway, Suite 500, Dallas, Texas 75205 (hereinafter "CONSULTANT'), the parties acting
herein, by and through their duly-authonzedrepresentatives and officers
WITNESSETH, that in consideration of the covenants and agreements herein contained, the
parties hereto do mutually AGREE as follows
ARTICLE I
EMPLOYMENT OF CONSULTANT
The OWNER hereby contracts with CONSULTANT, as an independent contractor, and the
CONSULTANT hereby agrees to perform the services herein in connection with the Project as
stated in the Articles to follow, with diligence and in accordance with the highest professional
standards customarily obtained for such services in the State of Texas The professional services
set forth herem are in connection with the following described project
Engineering Design, Easement Survey, and Easement Document Preparation services incident to
the relocation of water and wastewater utilities along U S Highway 77, from Interstate Highway 35
to U S Highway 380, in Denton, Denton County, Texas (the "Project")
ARTICLE II
SCOPE OF SERVICES
The CONSULTANT shall perform the following services in a professional manner
A To perform all those services and tasks as set forth in CONSULTANT'S "Fee Proposal"
(ARS Proposal No 160-98-082), which is contained in that certain letter dated March 3,
1999 from Ayub R Sandhu, P E , RPLS, President of CONSULTANT to P S Arora, P E ,
Engineering Administrator, Denton Municipal Utilities, which letter, together with seven (7)
pages of attachments, is attached hereto and incorporated herewith by reference as
Attachment"A"
B To perform all those professional services and tasks as set forth in Article II A hereinabove
substantially in accordance with the "Timeline" which is attached hereto and incorporated
herewith by reference as Attachment "B"
C Additional tasks requested by the OWNER requiring the services described in the Scope of
Services will be negotiated as Supplemental Agreements to this Professional Services
Agreement
D If there is any conflict between the terms of this Agreement and the Attachments attached to
this Agreement, the terms and conditions of this Agreement shall control over the terms and
conditions of the Attachments
ARTICLE III
ADDITIONAL SERVICES
Additional services to be performed by the CONSULTANT, if authorized by the OWNER,
wluch are not included in the above-descnbed Scope of Services, set forth in Articles II A and B
above, are as follows
A During the course of the Project, as requested by OWNER, CONSULTANT will be available
to accompany OWNER's personnel when meeting with the Texas Natural Resource
Conservation Commission, U S Environmental Protection Agency, or other regulatory
agencies The CONSULTANT will assist OWNER's personnel on an as -needed basis in
preparing compliance schedules, progress reports, and providing general technical support for
the OWNER's compliance efforts
B Assisting OWNER or contractor in the defense or prosecution of litigation in connection with
or in addition to those services contemplated by this Agreement Such services, if any, shall
be furnished by CONSULTANT on a fee bans negotiated by the respective parties outside of
and in addition to tlus Agreement
C Sampling, testing, or analysis beyond that specifically included in the Scope of Services set
forth heremabove
D Preparing applications and supporting documents for government grants, loans, or planning
advances, and providing data for detailed applications
E Appeanng before regulatory agencies or courts as an expert witness in any litigation with
third parties or condemnation proceedings ansing from the development or construction of
the Project, including the preparation of engineering data and reports for assistance to the
OWNER
F Providing geotechmcal investigations for the site, including soil bonngs, related analyses, and
recommendations
G Lift Station analysis and design
H Court appearance(s) by the Engineer(s) for easement and nght-of-way acquisition
Negotiations for easement acquisition
Making additional presentations not otherwise provided for in the Scope of Services set forth
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in Article II heremabove
ARTICLE IV
PERIOD OF SERVICE
This Agreement shall become effective upon execution by the OWNER and the
CONSULTANT and upon the issuance of a notice to proceed by the OWNER, and shall remain in
force for the period which may reasonably be required for the completion of the Project, including
Additional Services, if any, and any required extensions approved by the OWNER This
Agreement may be sooner terminated in accordance with the provisions hereof Time is of the
essence in this Agreement The CONSULTANT shall make all reasonable efforts to complete the
services set forth herein as expeditiously as possible as indicated in Attachment `B"
ARTICLE V
COMPENSATION
A COMPENSATION TERMS
1 "Subcontract Expense" is defined as expenses incurred by CONSULTANT in the
employment of others in outside firms, for services in the nature of professional
engineering, surveying, or related services Any subcontract or subconsultant billing
reasonably incurred by the CONSULTANT in connection with the Project shall be
invoiced to OWNER at the actual cost plus ten (10%) percent Inconsideration of such
expense being billed to OWNER at ten (10%) percent above its actual cost,
CONSULTANT agrees that it will not bill OWNER for any time expended by
CONSULTANT in reviewing the fee bills of any subcontractor or subconsultant on the
Project, except project manager time
2 "Direct Non -Labor Expense" is defined as that expense, based upon actual cost, for any
assignment or expense reasonably incurred by the CONSULTANT in the performance
of this Agreement for supplies, transportation and equipment, travel, communications,
subsistence, and lodging away from home, and similar incidental expenses in
connection with that assignment, expressly including, without limitation, telephone
charges, telecopy charges, printing and reproduction costs, and other incidental
expenses incurred in connection with the Project Provided however, any
subconsultant billings reasonably incurred by CONSULTANT in connection with the
Project shall be invoiced to OWNER at cost plus ten (10%) percent
B BILLING AND PAYMENT
For and in consideration of the professional services to be performed by the CONSULTANT
herein, the OWNER agrees to pay CONSULTANT based upon the cost estimate detail at the
hourly rates shown in Attachment "A" which is attached hereto and made a part of this
Agreement, a total fee, including reimbursement for Subcontract Expense and Direct Non -
Labor Expense, not to exceed $ 257,200 00, which is comprised of the following elements
(1) A fee not to exceed $ 133,450 00 for basic design engineering and Project surveying, and
(2) A fee of $ 990 00 for easement survey services per parcel of real property and easement
document preparation for up to one hundred and twenty five (125) such parcels, for a fiuther
sum not to exceed $ 123,750 00
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Partial payments to the CONSULTANT will be made on the basis of detailed monthly
statements rendered to and approved by the OWNER through its Assistant City Manager for
Utilities or his designees, however, under no circumstances shall any monthly statement for
services exceed the value of the work performed at the time a statement is rendered The
OWNER may withhold the final five (5%) percent of the contract amount until satisfactory
completion of the Project
Nothing contained in this Article shall require the OWNER to pay for any work which is
unsatisfactory as reasonably determined by the Assistant City Manager for Utilities or his
designee, or which is not submitted to the OWNER in compliance with the terns of this
Agreement The OWNER shall not be required to make any payments to the
CONSULTANT when the CONSULTANT is in default under tlus Agreement
It is specifically understood and agreed that the CONSULTANT shall not be authorized to
undertake any work pursuant to this Agreement which would require additional payments by
the OWNER for any charge, expense or reimbursement above the maximum not to exceed
fee as stated heremabove, without first having obtained written authorization from the
OWNER CONSULTANT shall not proceed to perform the services listed in Article III
"Additional Services" without obtaining prior written authorization from OWNER
C ADDITIONAL SERVICES For additional services authorized in writing by the OWNER
in Article III heremabove, CONSULTANT shall be paid based on the Schedule of Charges at the
hourly rates set forth in Attachment "A" Payments for additional services shall be due and payable
upon submission by the CONSULTANT, and shall be in accordance with Article V B
hereinabove Statements shall not be submitted to OWNER more frequently than monthly
D PAYMENT
If the OWNER fails to make payments due the CONSULTANT for services and expenses
within sixty (60) days after receipt of the CONSULTANT'S undisputed statement thereof, the
amounts due the CONSULTANT will be increased by the rate of one percent (1 %) per month
from the said sixtieth (60th) day, and in addition, the CONSULTANT may, after giving ten
(10) days' written notice to the OWNER, suspend services under this Agreement until the
CONSULTANT has been paid in fitll for all amounts then due and owing, and not disputed
by OWNER for services, expenses and charges Provided, however, nothing herein shall
require the OWNER to pay the late charge of one percent (1 %) per month as set forth herein,
if the OWNER reasonably determines that the work is unsatisfactory, in accordance with
Article V of this Agreement
ARTICLE VI
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due diligence in discovering and
promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT
or any of its subcontractors or subconsultants
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ARTICLE VII
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by the CONSULTANT (and CONSULTANT's
subcontractors or subconsultants) pursuant to this Agreement are instruments of service and shall
become the property of the OWNER upon the termination of this Agreement The
CONSULTANT is entitled to retain copies of all such documents The documents prepared and
famished by the CONSULTANT are intended only to be applicable to this project and OWNER's
use of these documents in other projects shall be at OWNER's sole risk and expense In the event
the OWNER uses the Agreement in another project or for other purposes than specified herein any
of the information or materials developed pursuant to this agreement, CONSULTANT is released
from any and all liability relating to their use in that project
ARTICLE VIII
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services to OWNER as an independent contractor, not as an
employee of the OWNER CONSULTANT shall not have or claim any right ansing from
employee status
ARTICLE IX
INDEMNITY AGREEMENT
The CONSULTANT shall indemnify and save and hold harmless the OWNER and its
officials, officers, agents, attorneys and employees from and against any and all liability, claims,
demands, damages, losses and expenses, including but not limited to court costs and reasonable
attorney fees incurred by the OWNER, and including without limitation damages for bodily and
personal injury, death and property damage, resulting from the negligent acts or omissions of the
CONSULTANT or its officers, shareholders, agents, attorneys and employees in the execution,
operation, or performance of this Agreement
Nothing in this Agreement shall be construed to create a liability to any person who is not a
party to this Agreement and nothing herein shall waive any of the parry's defenses, both at law or
equity, to any claim, cause of action or litigation filed by anyone not a party to this Agreement,
including the defense of governmental immunity, which defenses are hereby expressly reserved
ARTICLE X
INSURANCE
During the performance of the Services under this Agreement, CONSULTANT 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 A M
Best Rate Carriers of at least an "A-" or above
A Comprehensive General Liability Insurance with bodily injury limits of not less than
$500,000 for each occurrence and not less than $500,000 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
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B 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 limits for not
less than $100,000 for each accident
C Worker's Compensation Insurance in accordance with statutory requirements and Employer's
Liability Insurance with limits of not less than $100,000 for each accident
D Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate
E CONSULTANT shall furimsh insurance certificates or insurance policies at the OWNER's
request to evidence such coverages The insurance policies shall name the OWNER as an
additional insured on all such policies to the extent legally possible, and shall contain a
provision that such insurance shall not be cancelled or modified without thirty (30) days prior
written notice to OWNER and CONSULTANT In such event, the CONSULTANT shall,
prior to the effective date of the change or cancellation of coverage, deliver copies of any
such substitute policies furnishing at least the same policy limits and coverage to OWNER
ARTICLE XI
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parties may agree to settle any disputes under this Agreement by submitting the dispute
to arbitration or other means of alternate dispute resolution such as mediation No arbitration or
alternate dispute resolution arising out of or relating to, this Agreement involving one party's
disagreement may include the other party to the disagreement without the other's approval
ARTICLE XII
TERMINATION OF AGREEMENT
A Notwithstanding any other provision of this Agreement, either party may terminate this
Agreement by providing fifteen- (15) days advance written notice to the other party
B This Agreement may be terminated in whole or in part in the event of either party
substantially failing to fulfill its obligations under this Agreement No such termination will
be effected unless the other party is given (1) written notice (delivered by certified mail,
return receipt requested) of intent to terminate and setting forth the reasons specifying the
nonperformance or other reason(s), and not less than (30) calendar days to cure the failure,
and (2) an opportunity for consultation with the terminating party prior to termination
C If the Agreement is terminated prior to completion of the services to be provided hereunder,
CONSULTANT shall immediately cease all services and shall render a final bill for services
to the OWNER within thirty (30) days after the date of termination The OWNER shall pay
CONSULTANT for all services properly rendered and satisfactorily performed, and for
reimbursable expenses prior to notice of termination being received by CONSULTANT, in
accordance with Article V of this Agreement Should the OWNER subsequently contract
with a new consultant for the continuation of services on the Project, CONSULTANT shall
cooperate in providing information to the OWNER and the new consultant If applicable,
OWNER shall allow CONSULTANT reasonable time to transition and to turn over the
Project over to anew Consultant CONSULTANT shall turn overall documents prepared or
furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the
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date of termination but may maintain copies of such documents for its files t'61tt3
agrees that it shall also fully comply with any and all written r cerved from the
OWNER through its Director of Electric Utih aintain codentiality respecting
certain designated records, do other written materials related to the Project,
which the O onably determines is competitively sensitive, and would likely cause
ARTICLE XIII
RESPONSIBILITYFOR CLAIMS AND LIABILITIES
Approval of the work by the OWNER shall not constitute nor be deemed a release of the
responsibility and liability of the CONSULTANT, its officers, employees, agents, subcontractors,
and subconsultants for the accuracy and competency of their designs or other work performed
pursuant to tins Agreement, nor shall such approval by the OWNER be deemed as an assumption
of such responsibility by the OWNER for any defect in the design or other work prepared by the
CONSULTANT, its officers, employees, agents, subcontractors, and subconsultants
ARTICLEXI
NOTICES
All inotices, communications, and reports required or permitted under this Agreement shall be
personally delivered or mailed to the respective parties by depositing same in the United States mail
at the addresses shown below, by means of U S Mail, postage prepaid, certified mail, return
receipt requested, unless otherwise specified herein
To CONSULTANT
ARS Engineers, Inc
Richard T Gnce, P E
4245 N Central Exp , #500
Dallas, Texas 75205
To OWNER
City of Denton, Texas
Howard Martin, ACM/Utilities
215 East McKinney
Denton, Texas 76201
All notices under this Agreement shall be effective upon their actual receipt by the party to
whom such notice is given, or three (3) days after mailing notice, whichever event shall first occur
ARTICLE XV
ENTIRE AGREEMENT
This Agreement consisting of ten (10) pages and two (2) Attachments constitutes the
complete and final expression of the Agreement of the parties and is intended as a complete and
exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous
offers, promises, representations, negotiations, discussions, communications understandings, and
agreements which may have been made in connection with the subject matter of this Agreement
ARTICLE XVI
SEVERABILITY
If any provision of this Agreement is found or deemed by a court of competentlunsdiction to
be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement,
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and shall not cause the remainder to be invalid or unenforceable In such event, the parties shall
reform this Agreement, to the extent reasonably possible, to replace such stricken provision with a
valid and enforceable provision which comes as close as possible to expressing the original
intentions of the parties respecting any such stricken provision
ARTICLE XV4I
COMPLIANCE WITH LAWS
The CONSULTANT shall comply with all federal, state, local laws, rules, regulations, and
ordinances applicable to the work performed by CONSULTANT hereunder, as they may now read
or as they may hereafter be amended
ARTICLE XVIII
DISCRIMINATION PROHIBITED
In performing the services required hereunder, the CONSULTANT shall not discriminate
against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or
physical handicap
ARTICLE XIX
PERSONNEL
A CONSULTANT represents that it has or will secure at its own expense all personnel required
to perform all the services required under this Agreement Such personnel shall not be
employees or officers of, nor have any contractual relations with the OWNER
CONSULTANT shall inform the OWNER of any conflict of interest or potential conflict of
interest that may anse during the term of this Agreement
B All services required hereunder will be performed by the CONSULTANT or under its direct
supervision All personnel engaged in performing the work provided for in this Agreement,
shall be qualified, and shall be authorized and permitted under state and local laws to perform
such services
ARTICLE XX
ASSIGNABILITY
The CONSULTANT shall not assign any interest in this Agreement and shall not transfer
any interest in this Agreement (whether by assignment, novation or otherwise) without the prior
written consent of the OWNER CONSULTANT shall notify OWNER of any change of its name
and any significant change in its corporate structure or operations
6Wmo0 VNOWCMmCl�EW MA W W W HgH r def Page 6 of 10
ARTICLE XXI
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, limitation herein
contained shall be valid unless in writing and duly executed by the party to be charged therewith
No evidence of any waiver or modification shall be offered or received in evidence in any
proceeding ansing between the parties hereto out of or affecting this Agreement, or the rights or
obligations of the parties hereunder, unless such waiver or modification is in writing, duly
executed The parties further agree that the provisions of this Article will not be waived unless as
herein set forth
ARTICLE XXII
MISCELLANEOUS
A The following Attachments are attached to and made a part of this Agreement
Attachment "A" --- Fee Proposal (ARS Proposal No 160-98-082)
Dated March 3, 1999 (9 pages)
Attachment"B" --- Project Timeline (2 pages)
B CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the
final payment made by OWNER under this Agreement, have access to and the right to
examine any directly pertinent books, documents, papers and records of the CONSULTANT
involving transactions relating to this Agreement CONSULTANT agrees that OWNER
shall have access during normal working hours to all necessary CONSULTANT facilities
and shall be provided adequate and appropriate working space in order to conduct
exammations or audits in compliance with this Article OWNER shall give CONSULTANT
reasonable advance notice of all intended examinations or audits
C Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton
County, Texas This Agreement shall be governed by and construed in accordance with the
laws of the State of Texas
D For the purpose of this Agreement, the parties agree that Ayub R Sandhu, P E , RPLS shall
serve as principal-in-chargeof the Project, and Richard T Gnce, P E , RPLS, shall serve as
Project Manager This Agreement has been entered into with the understanding that Messrs
Sandhu and Gnce shall serve as the key persons on the Project However, nothing herein
shall limit CONSULTANT from using other qualified and competent members of their firm
to perform the services required herein under their supervision or control
E CONSULTANT shall commence, carry on, and complete its work on the Project with all
applicable dispatch, and in a sound, economical, efficient manner, and in accordance with the
provisions hereof In accomplishing the Project, CONSULTANT shall take such steps as are
appropriate to ensure that the work involved is properly coordinated with related work being
carried on by the OWNER
F The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal
all available information pertinent to the Project, including previous reports, any other data
relative to the Project and arranging for the access to, and make all provisions for the
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CONSULTANT to enter in or upon, public and private property as required for the
CONSULTANT to perform professional services under this Agreement
G The captions of this Agreement are for informational purposes only and shall not in any way
affect the substantive terms or conditions of this Agreement
IN WITNESS WHEREOF, the City of Denton, Texas has executed this Agreement in four
(4) original counterparts, by and through its duly-authonzed City Manager, and CONSULTANT
h e ecuted this Agreem t by and ough its duly -authorized undersigned officer, on this the
a dayof ,1999
"CITY"
CITY OF DENTON, TEXAS
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By
APPIUVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
I�
"CONSULTANT"
ARS ENGINEERS INC, a Corporation
By " r
A b R Sandhu, P E, RPLS
President
ATTEST
By
SWV�RWNA W WWH"77Eoc page 100[10
FV99�iniwt1nc.'`',
Cnd Engmeei ing • Planning • Suri eying
March 3, 1999
Mr P S Arora, P E ,
Engineering Administrator
Denton Municipal Utilities
901-A Texas Street
Denton, Texas 76201
Via Lone Star Overnight
Ambill No 10846036
Re Fee Proposal for Engineering and Surveying Services to Relocate Water and
Wastewater Utilities along US 77 from IH 35 to US 380 in Denton, Texas
ARS Pi oposal No 160-98.082
Dear Mr Arora
ARS Engineers, Inc is pleased to have the opportunity to present this Fee Proposal for relocating City of
Denton water and wastewater mains along US 77 We have based our proposal on the Scope of Services and
line types and lengths included in the attached letter to you from Rust Environmental & Infrastructure Inc
dated August 18, 1998, excluding the new 16" water line per your directions Services required for other line
segments will be negotiated at the time that the City of Denton desires to have them designed
ARS proposes to provide the requested engineering and surveying services for design and construction
support for a Lump Sum Fee in the amount of $133,450 00 as indicated on the enclosed man-hour estimate
The required easement work is proposed as a cost of $990 00 per parcel For establishing a project budget,
125 parcels are estimated for a budget of $123,750 00 resulting in a total proposed fee of $257,200 00 as
follows
Engineering Water & Wastewater Relocations
Surveying Water & Wastewater Relocations
Total Proposed Design & Construction Support
Easement Parcels (Est 125 @ $990 00)
Estimated Total Project Budget
\\Prono%a1\1908\16098082\Den Water Rev 1 022699
AMM4vr "A q
Consulting Engineers
$102,205 00
$ 31,245 00
$133,450 00
$123,750 00
$257,200 00
4245 N Central Expressway • Suite 500 • Dallas, Texas 75205 4563 • Phone (214) 522-8668 • Fax (214) 521 9214
e mail mail@arsengrs com website wwwarsengrs com
March 3, 1999
Mr P S Arora, P E
Denton Municipal Utilities
Page 2
If you have any questions or need additional information, please call Mr Dick Gnce @ 214-522-8668
Sincerely,
Ayubandhu, P E , RPLS
President
Enclosure
ARS/ab
cc Mr Jack Lyle
Mr Dick Gnce
ar�op•.nro9nu nwxanno��wn�.. N
rM Rust Environment & Infrastructure Inc.
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1.20V est Nat n, r.L' a a. 1-01a ti
suit GO
eatlas IS'520 44o
august 18, 1993
Mr P S Arora, P E
rngineenng Admuustrator
Denton Municipal Utilities
901-A Texas Street
Denton, Te\as 76201
Re Proposal for Engineering ano Survct inn to Relocate V ater and %. as[ewater Utilities alon.-
Highµav 77 from I-35 to U S Hw, 330 in Denton 1 exas
Dcar Mr gtoia
Rust E & I appreciates this oppottaritty to pro%,I& the City of Denton with e priced proposal for the
referenced p*oject ]-he proposed uulitr reloca,ions arc summarized by the
,"ached prehmmar) consirucuon cost estimate which totals S2 311 309 in construction cost The
project current]% anticipates placing the proposed utilities clear of the ultimate U S Hwti 77
pa%ement, within future ROW where possible and in adjacent easements µhere necessan
Basen on our cu-rent understardmg of the project as defined in tj1e abo%e referenced prehmmary
construcuon cost estimate and the attached tasklfee outline Rust E & I proposes to perform the
following scope of work
I BASK SERVICES
A Design Sun e�s
Rust µill reco%er emsting benchmarks and state control and establish secondary
control azicaL ate to perform the sure ey s requueo Sunplemental topographic stuveti s
Nvill be performed to tie emsting uuhncs ann other eVs[tn° features in the area of the
proposed roadµar improvements that would affec the proposed uuht) construcuon
Thcse dune,. s will supplement aerial mapomg files pro%iced b% TNDOT Inaddition
topographic surteN will be performed to sapnor, anal} s,s of san,[ar) se\%er allatrrtent
studies uounc Rmev Road
t
Mr P S Arora, P E
August 18, 1998
Page 2
g Prchmmary Design Phase
The Consultant shall prepare prelimmary plans to mclude the following
1 Proposed alignmient
2 Proposed profiles
3 Natural and man-made features affecting design
C Final Design Phase
1 Upon approval of preliminary plans by the City, the Consultant shall prepare
final plans (each sheet to be stamped by the Registered Professional Engineer
responsible for the work)
a Standard City title page with location map
b Plan and Profile sheets
c Standard sheets
d Erosion Control Plans
e Traffic Control Plan
2 The Consultant .w ll furnish to the owner one (1) set of film reproducibles
and three (3) sets of blue lure pints of the approved plans
D Construction Phase Services
1 Prepare construction quantity estimate based on final plans
2 Attend preconstruc ion meeting
3 Prepare as-bwlt drawvigs as required
Mr P S Arom P E
August 18, 1998
Page 3
LI SPECIAL SERVICES
A Easement Surveys
Easement sune)s will beperformed on a per parcel basis to detcrinme the limits of
easements required for the construction of the project Deed and ownership research
vnll be provided to supplement research already done by the City of Denton in
acquuing ROW parcels Legal descnpnons and parcel exhibits will be provided to
the Cit) for acquisition by the City It is anticipated that the City vnll obtain "letters
of permission" from affected parcels to access and survey on their property It is
currently anticipated that approximately 95t parcels will be affected
III ADDITIONAL SERVICES
A dditional Scrti ices -we dtfuue d as urVices that ttic rc quested b) the O% Mcr or rt.qurrLd for
protect compleuon %QuCh fall outside, of the scope of Basic Services and Special Services
as outlined above Additional Services nught include, but are not limited to (1) Lift Station
analysis and design, (2) Court appearance by the Engineer for easement and ROW
acgtusinon, and (3) Appraisals for easement acquisition, (4) Legal and Negouations for
easement acqunsunon, and (5) Other semces outside the scope of Basic Semces
Hwy 77 Utility Relocation Project
Riney Rd Sta 104+30 to Riney Rd Sta 116+70
Relocate existing 8" W L 1180 lin ft
Donna St to Joyce Lane
Both sides of Hwy 77
Cxist 8" San Sewer Noah side 1 GG0 lin Ft
Exist 8" San Sewer South side 980 lin Ft
Donna St to Windsor
Relocate existing 8" W L 2400 lin Ft
Orr St to University Hwy 380
Sta 163+50 195+50
Existing water & san Sewer under existing pavement
8" Water both sides of 77 6400 hn Ft
8" San Sewer both sides of 77 6400 lin Ft
Total 8"
Water Line to relocate
9980
lin
Ft
Total 8"
San Sewer to relocate
9030
lin
Ft
ENGINEERING SERVICES - FEE PROPOSAL ARS ENGINEERS INC Rev FEBRUARY 24 1999
WATER & WASTEWATER DESIGN ALONG US 77 FOR CITY OF DENTON
TASK LABOR DESCRIPTION
SUB CODE
DESIGN PHASE
1
2
3
4
6
6
7
8
9
10
11
12
13
CONSTRU
14
15
16
17
18
19
PROPOSAL NO 160 98 082
............. ..===--MANHOURS======...........
...
PIO PM ENGR TECH CLER TOTAL DIRECT DLC+
4744 3665 2710 2080 1675 LABOR OH
Existing ublay research
32
12
44
$1 117
$2 457
Coordination meeting with City of Denton (3)
4
16
16
8
3
47
$1 426
$3 138
TM1Ie sheet (1)
6
16
22
$495
$1 090
Gen notes and quantity summaries (2)
4
24
12
4
44
$1 114
$2 450
Prep water line plan profile sheets (12)
10
152
220
382
$9 062
$19 936
Prep sanitary plan profile sheets (10)
10
124
188
_
322
_$7 637
$16 802
Prep standard detail sheets water line (2)
_
6
32
88
126
$2 918
$6 419
Prep standard detail sheets - sanitary sewer (1)
6
32
112
150
$3 417
$7 517
Erosion control plans (12)
4
26
103
133
$2 994
$6 586
Traffic control plans (4)
4
66
106
176
$4 140
$9 108
Quantities & probable cost estimate
8
26
20
4
58
$1 481
$3 258
Deliver final plans, documents & specifications
2
8
40
8
8
66
$1 772
$3 899
Prepare addenda (1)
6
24
32
4
66
$1 603
$3 526
TOTAL
6
82
600
925
23
1636
$38175
$86185
CTION PHASE
Preconstruction meeting (1)
4
4
1
9
$272
$598
Evaluate bids & recommend award
0
$0
$0
Review submittals
0
$0
$0
Clarify design questions
0
$0
$0
Prepare change orders (1)
0
$0
$0
Prep as build drawings
2
40
60
102
$2,405
$5 292
SUBTOTAL
0
6
44
60
1
111
$2677
$5890
TOTALS 1 6 1 88 1 644 1 985 1 24 11741 1 $41 852 1 $92 075
ARS ENGINEERS TOTAL LABOR COSTS $92,075
ARS ENGINEERS -DIRECT COSTS
Reproduction & Printing
$634
Deliveries
$76
Travel
$213
TOTAL DIRECT COSTS ARS
$923
FEE Total labor costs x 10 0% $9 207
TOTAL ENGINEERING BUDGET $102,205
DentW&WW wk4
TOPOGRAPHIC SURVEYS Highway 77 UUIRelocalwns Clt oy f Denton
TASK 1
DIRECT
DIRECT
LABOR DESCRIPTION
____________________MANHOURS=====_________________=
LABOR
LABOR+
A
B
C
D
E
F
G
H TOTAL
COST
OH COST
TASK
SUB CODE 4760
3125
2460
2000
2225
1440
900
1675 HOURS
(DLC)
(DLCx 12)
1 Project MgtnVMeetings/Admin
2
2
8 12
24570
54054
2 Topographic Surveys
Riney Rd Sta 104+30 to 116+70 (N Hwy 77)
2
2
16
16
16
16
68
1 162 10
2 556 62
Donna St to Joyce St IN & S Hwy 77)
5
5
32
32
32
32
138
2 380 05
5 236 11
Donna St to Windsor (N Hwy 77)
4
4
32
32
32
32
136
2 324 20
5 113 24
Orr St to University Hwy 380 IN & S Hwy 77)
20
20
80
80
80
80
360
6 369 00
14 011 80
3
4
5
6
7
B
9
10
11
Deliverables
12 Prepare electronic files only
13
TASK 1 TOPO SURVEYS ARS
ARS ENGINEERS TOTAL LABOR COSTS 27 502 31
ARSENGINEERS DIRECTCOSTS
Printing and Reproduction
15000
Travel mileage 1 680 mf
53760
DellverylCouner Service
000
Misc Field Expenses
30486
TOTAL DIRECT COSTS ARS 99246
FIXED FEE 100%
2 750 23
TOTAL FEE TASK 1 $31 245 00
02/25/99
161 160 160 160
2000 4400
12 501 05 27 502 31
LABOR CATEGORIES A= PRINCIPAL
B- PROJECT MANAGER /RPLS
C - SENIOR SURVEY TECH
D- SURVEYTECH
E = PARTY CHIEF
F- INSTRUMENT MAN
G = RODMAN
H= ADMINISTRATIVE ASSISTANT
\yrynpttl\PNgY�180.98A0iV�limelt wk4
SCHEDULE OF CHARGES FOR ADDITIONAL SERVICES
EXHIBIT "A"
CITY OF DENTON WATER & WASTEWATER RELOCATIONS ALONG US 77
The following schedule of charges is for additional items of work as discussed in Article V-C
of the contract between the City of Denton, Texas and ARS Engineers, Inc These items of
will be as requested by The City of Denton in addition to the Basic Services These charges
are hourly and include direct salary, overhead and profit factors for the rates indicated below
CLASSIFICATION
CHARGE
Principal in Charge
$114 80
Project Manager
$88 69
Project Engineer
$65 58
Survey Manager, RPLS
$75 62
Senior Survey Tech $59 53
CADD Tech $50 34
Party Chief $53 84
Instrument Man $34 85
Rodman $21 78
Clerical $40 54
DenAdd$$ wk4