1999-377AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZiNG THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH HALFF
ASSOCIATES, INC, FOR SURVEY AND ENGINEERING SERVICES PERTAINiNG TO
THE LOCATION AND DESIGN OF THE GRAVEYARD BRANCH INTERCEPTOR
SANITARY SEWER MAIN, AUTHORIZiNG THE EXPENDITURE OF FUNDS
THEREFOR, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council deems it in the public interest to engage Halff Associates,
Inc, a Corporation ("Halft'), to provide professional survey and englneenng services to the City
pertaining to the location and design of the Graveyard Branch Interceptor Sanitary Sewer Main,
in preparation for the construction of the Graveyard Interceptor, which wastewater interceptor is
approximately 18,000 feet in length, and is a major component of the City's wastewater
collection system, serving the Southwestem part of the City, and
WHEREAS, the City staff has reported to the City Council that there IS a substantial need
for the above-described professional engineering 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 quahficatlons, and for a fair and reasonable price,
and
WHEREAS, the City Council has provided an the C~ty Budget for the appropriation of
funds to be used for the purchase of the professional engmeenng services, as set forth an 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 Halff Associates, Inc, for professional survey and engmeenng services
pertalmng to the location and design of the Graveyard Branch Interceptor sanitary sewer ma~n, m
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 as on the basis of the
demonstrated competence, knowledge, and qualifications of Halff and the ability of Halff to
perform the 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 th~s ordinance shall become effective ~mmedlately upon ~ts passage
and approval
PASSED AND APPROVED this the /7~ day of ~ ,1999
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
S \Our Documertts\Ordmances~99~Halff Assocmtes PSA Ord Graveyard Branch doc
STATE OF TEXAS §
COUNTY OF DENTON §
PROFESSIONAL SERVICES AGREEMENT FOR SURVEY AND ENGINEERING SERVICES
PERTAINING TO THE LOCATION AND DESIGN OF THE GRAVEYARD BRANCH
INTERCEPTOR SANITARY SEWER MAIN FOR THE CITY OF DENTON, TEXAS
{t~,d4_~THIS AGREEMENT is made and entered into as of the /~7~ day of
~/j ,1999, by and between the City of Denton, Texas, a Texas
Mtnnmpal Corporation, with its principal offices at 215 E McKlnney Street, Denton, Texas 76201
(hereafter "OWNER") and Halff Assocmtes, Inc, a Texas Corporation, with its offices at 8616
Northwest Plaza Drive, Dallas, Texas 75225 (hereafter CONSULTANT ), the parties acting
herein, by and through their duly-authonzedrepresentatlves and officers
WITNESSETH, that m 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, w~th diligence and in accordance with the professional standards
customarily obtained for such services in the State of Texas The professional services set forth
herein are in connection with the following described project (the "Project")
Professional survey and engineering services pertalmng to the location and design of the Graveyard
Branch Intemeptor Sanitary Sewer Main, in Denton, Denton County, Texas
ARTICLE II
SCOPE OF SERVICES
The CONSULTANT shall perform the following basic services tn a professlonalmanner
A To perform those services as set forth tn the Scope of Services whmh is attached to letter of
September 9, 1999 from George Prall, P E, Vice-President of CONSULTANT to P S
Arora, P E, Engineering Administrator of OWNER, whmh Scope of Services consists of a
seven (7) page document marked as Exhibit "A", which Exhibit is Incorporated by reference
herein
B If there is any conflict between the terms of this Agreement and the two (2) Exhibits attached
to th~s Agreement, the terms and condlt~OnS of this Agreement shall control over the terms
and conditions of the Attachments
Page 1 of 10
ARTICLE III
ADDITIONAL SERVICES
Any additional services to be performed by the CONSULTANT, ~f authorized by the
OWNER, whmh are not included as basic services in the above-described Scope of Servmes, set
forth as provided by Article II above, shall be later agreed-uponby OWNER and CONSULTANT,
who shall determine, m writing, the scope of such additional services, the amount of compensation
for such additional services, and other essential terms pertaining to the provision of such additional
servmes by the CONSULTANT OWNER and CONSULTANT have agreed that all ~tems hsted
on page seven (7) of the Scope of Services, attached hereto as Exhibit "A" shall be excluded from
the basic services pertmmng to the design of the Graveyard Branch Sanitary Sewer Main
ARTICLE IV
PERIOD OF SERVICE
This Agreement shall become effective upon execution by the OWNER and the
CONSULTANT and upon the ~ssuance 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
Addltmnal Services, ~f any, and any required extensions approved by the OWNER This
Agreement may be sooner terminated in accordance with the prows~ons hereof Time is of the
essence in this Agreement CONSULTANT shall make all reasonable efforts to complete the
services set forth herein as expedit~ously as possible and to meet the schedule reasonably
established by the OWNER, acting through its Assistant City Manager of Utilities, or his designee
ARTICLE V
COMPENSATION
A COMPENSATION TERMS
1 "Subcontract Expense" is defined as those expenses, ~f any, incurred by
CONSULTANT in the employment of others in outside firms, for services in the area
of professional survey and engineering, 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
2 "Direct Non-Labor Expense" ~s defined as that expense, based upon five (5%) percent
above actual cost, for any out-of-pocket expense reasonably incurred by the
CONSULTANT in the performance of th~s Agreement for long distance telephone
charges, telecopy charges, messenger services, pnnt~ng and reproduction expenses, out-
of-pocket expenses for purchased computer time, prudently ~ncurred travel expenses
related to the work on the Project, and similar ~ncldental expenses incurred ~n
connection w~th the Project
B BILLING AND PAYMENT
For and in consideratlonof the professional services to be performed by the CONSULTANT
herein, the OWNER agrees to pay CONSULTANT, based upon the satisfactory completion
of the basic services tasks set forth in the Scope of Services as shown ~n Article II above, as
s,o~ ....... ~,c0N,~,~.~^.~,~ .~, Ps^ o~,~ ~.~o~ Page 2 of 10
follows
1 CONSULTANT shall perform its work on this Project in substantial accordance
w~th the tasks set forth in the "Fee Summary," which consists of a four (4) page attachment,
the letter dated September 9, 1999 referred to m Amele II A above, which Is marked as
Exhibit ,,B,,, and which Exhibit ~s incorporated herewith bY reference CONSULTANT shall
be prod for services rendered pursuant to the Agreement on an hourly fee basis, plus
reimbursement for all reasonably incurred out-of-pocket expenses, billed monthly
CONSULTANT shall bill from time sheets, m minimum ¼ hour or smaller time increments,
at the hourly rates set forth in CONSULTANT' S "Proposed Salary Rate - September 1999 -
September 2000" which is attached hereto as Exhibit "C', and which Exhth~t is incorporated
herewith by reference The OWNER agrees to pay to CONSULTANT for its professional
services performed, and for its out-of pocket expenses incurred in the Project, a total amount
not to exceed $ 293,440 00
2 Partial payments to the CONSULTANT will be made monthly ~n accordance with the
statements reflecting the actual completion of the basic services, rendered to and approved by
the OWNER through its Director of Electric Utlhnes or her designee 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 ten
(10%) percent of the above not-to-exceed amount until satisfactory completion of the Project
by the CONSULTANT
3 Nothing contained m this Article shall require the OWNER to pay for any work which
is unsatisfactory as reasonably determined by the Director of Electric Utilities or her
designee, or which is not submitted by CONSULTANT to the OWNER in compliance with
the terms of this Agreement The OWNER shall not be reqmred to make any payments to
the CONSULTANT at any time when the CONSULTANT is m default under th~s
Agreement
4 It is specifically understood and agreed that the CONSULTANT shall not be
authorized to undertake any work pursuant to this Agreement which would require addmonal
payments by the OWNER for any charge, expense or reimbursement above the not-to-exceed
amount as stated hereinabove, without first having obtained the prior written authorization
from the OWNER CONSULTANT shall not proceed to perform any services to be later
provided for under Article III "Additional Services" w~thout first obtaining prior written
authorization from the OWNER
C ADDITIONAL SERVICES For additional services authorized in writing by the OWNER
m Article III heremabove, CONSULTANT shall be prod based on a to-be-agreed-upon
Schedule of Charges Payments for additional services shall be due and payable upon
submission by the CONSULTANT, and shall be in accordance with Article V B
heremabove Statements for basic services and any additional services shall be submitted to
OWNER no more frequently than once monthly
D PAYMENT If the OWNER fmls 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
~,~ ....... c.,~,,~9~Ha,~,~,~,~ ,nc ~^ o~,,.~..,~.,.~o~ Page 3 of 10
rate of one percent (1%) per month from and after the said sixtieth (60th) day, and in
addition, thereafter, 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
full for all amounts then due and owmg, 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 CONSULTANT's work is unsatisfactory, in accordance with Article V
B of this Agreement, and OWNER has notified CONSULTANTofthat fact In writing
ARTICLE VI
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due dlhgence m discovering and
promptly reporting to the OWNER any defects or deficiencies an the work of the CONSULTANT
or any of ~ts subcontractors or subconsultants
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 serwce and shall
become the property of the OWNER upon the termination of th~s Agreement The
CONSULTANT IS entitled to retain copies of all such documents The documents prepared and
furnished 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 hereto 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 arising from
employee status
ARTICLE IX
INDEMNITY AGREEMENT
The CONSULTANT shall indemnify and save and hold harmless the OWNER and its
officmls, 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 recurred by the OWNER, and ~ncluding without limitation damages for bodily and
personal injury, death, or property damage, resulting from the negligent acts or omissions of the
CONSULTANT or ~ts officers, shareholders, agents, attorneys and employees In the execution,
operation, or performance of th~s Agreement
Nothing in th~s Agreement shall be construed to create a liability to any person who is not a
~,~,~m,~,,,~o,,,,~,~",'~^~'~'" "' ~^ ~"~'~ ~"""~'~0' Page 4 of 10
party to this Agreement and nothing heroin shall wmve any of the party's defenses, both at law or
equity, to any claim, cause of actton or htlgatlon filed by anyone not a party to th~s 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 w~th an insurance company hcensed to do bus~ness in the State of
Texas by the State Insurance Board or any successor agency, that has a rating with A M Best Rate
Carriers of at least an "A-" or above
A Comprehensive General Llablhty Insurance with bodily injury hmlts of not less than
$500,000 for each occurrence and not less than $500,000 ~n 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
B Automobile Llabthty Insurance with bodily ~njury limits of not less than $500,000 for each
person and not less than $500,000 for each accident and w~th property damage hm~ts for not
less than $100,000 for each acmdent
C Worker's Compensation Insurance ~n accordance w~th statutory reqmrements and Employer's
Llabdlty Insurance with hm~ts of not less than $100,000 for each accident
D Professional Lmbfllty Insurance with limits of not less than $1,000,000 annual aggregate
E CONSULTANT shall furnish insurance certificates or ~nsurance pohcles 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 that is legally possible, and shall contain a
provlsmn that such insurance shall not be cancelled or modified w~thout 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 cancellatxon of coverage, dehver copras of any
such substitute policies, furnishing at least the same policy hmlts and coverage, to OWNER
ARTICLE XI
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The part,es may agree to settle any dxsputes under this Agreement by submltttng the d~spute
to arbitration or other means of alternate dispute resolution such as mediation No arbitration or
alternate d~spute resolution arising out of or relatxng to, th~s Agreement ~nvolv~ng 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 th~s Agreement, either party may terminate th~s
Agreement by providing thirty- (30) days advance written notice to the other party
B Th~s Agreement may be terminated m whole or in part in the event of either party
substantially falhng to fulfill its obhgations under this Agreement No such term~nation will
be effected unless the other party ~s g~ven (1) written notice (delivered by certxfied mml,
return receipt requested) of intent to terminate and setting forth the masons specifying the
nonperformance or other reason(s), and not less than thirty (30) calendar days to cure the
failure, and (2) an opportumty for consultation w~th the termmatxng party prior to
termination
C If the Agreement ~s termxnated prior to completion of the services to be prowded hereunder,
CONSULTANT shall ~mmedmtely cease all services upon receipt of the written notme of
term~natxon from OWNER, and shall render a final bill for servmes to the OWNER within
twenty (20) days after the date of termination The OWNER shall pay CONSULTANT for
all services properly rendered and satxsfactonly performed, and for reimbursable expenses
prior to notice of termination being received by CONSULTANT, in accordance w~th Article
V ofthxs Agreement Should the OWNER subsequently contract with a new consultant for
the continuation of services on the ProJect, CONSULTANT shall cooperate ~n provt&ng
information to the OWNER and to the new consultant If applicable, OWNER shall allow
CONSULTANT a reasonable txme to transit~on and to turn over the Project to a new
consultant CONSULTANT shall turn over all documents prepared or furmshed by
CONSULTANT pursuant to th~s Agreement to the OWNER on or before the date of
termination, but may mmntaln copies of such documents for ~ts files
ARTICLE XIII
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval of the work by the OWNER shall not constitute nor be deemed a release of the
responslblhty and habd~ty of the CONSULTANT, its officers, employees, agems, subcontractors,
and subconsultants for the accuracy and competency of their designs or other work performed
pursuant to thxs Agreement, nor shall such approval by the OWNER be deemed as an assumption
of such respons~b~hty by the OWNER for any defect in the design or other work prepared by the
CONSULTANT, ~ts pnnclpals, officers, employees, agents, subcontractors,and subconsultants
ARTICLE XIV
NOTICES
All notices, communications, and reports required or permitted under this Agreement shall be
personally dehvered to, or telecopled to, or mmled to the respective parties by depositing same in
the United States mini at the addresses shown below, postage prepmd, certified mall, return receipt
requested, unless otherwise spemfied hereto
To CONSULTANT To OWNER
Halff Assocmtes, Inc City of Denton, Texas
George Prall, P E, Vice-President Howard Martin, ACM/Utd~tles
8616 Northwest Plaza Dnve 215 E McKlnney
Dallas, Texas 75225 Denton, Texas 76201
Fax (214) 739-0095 Fax (940) 349-8120
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 malhng of the notice, whichever event shall first
occur
ARTICLE XV
ENTIRE AGREEMENT
This Agreement consisting of ten (10) pages and three (3) 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 competent jurisdiction to
be lnvahd or unenforceable, it shall be considered severable from the lemalnder of th~s Agreement,
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 prowslon
ARTICLE XVII
COMPLIANCE WITH LAWS
The CONSULTANT shall comply with all federal, state, local laws, rules, regulations, and
ordinances apphcable 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 reqmred 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 ~t 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 immediately inform the OWNER in writing of any conflict of interest
or potential conflict of interest that CONSULTANT may discover, or which may arise during
the term of this Agreement
B All servmes required hereunder will be performed by CONSULTANT or under its direct
~,~,~ ....... c0..~.~A,~..~ ,,, ~^ ~,.~.~.,.~o~ Page 7 of 10
supervts~on All personnel engaged m peffonmng the work prowded for tn th~s Agreement,
shall be quahfied, and shall be authorized and permitted under state and local laws to perform
such services
ARTICLE XX
AS SIGNABILITY
The CONSULTANT shall not assign any interest ~n th~s Agreement and shall not transfer
any tnterest ~n this Agreement (whether by asstgnment, novation or otherwtse) w~thout the prior
written consent of the OWNER CONSULTANT shall promptly not~fy OWNER of any change of
~ts name as well as of any s~gmficant change tn tts corporate structure or tn tts operations
ARTICLE XXI
MODIFICATION
No wmver or modfficat~on of th~s Agreement or of any covenant, condmon, hmttatton here~n
contatned shall be vahd unless ~n writing and duly executed by the party to be charged therewith
No evtdence of any watver or mo&ficanon shall be offered or recetved tn ewdence tn any
proceedtng artstng between the pames hereto out of or affecting th~s Agreement, or the rights o~
obhgatmns of the parttes hereunder, unless such wmver or mod~ficanon ts ~n wnttng, duly
executed The parttes further agree that the provtstons of thts Arncle will not be wmved unless as
heretn set forth
ARTICLE XXII
MISCELLANEOUS
A The following exhibits are attached to, ~ncorporated w~th~n, and are made a part of thts
Agreement for all purposes pertinent
Exh~bxt "A" -- Scope of Servmes
Exh~b~t"B"-- Fee Summary
Exhibit "C" - Proposed Salary Rate
B CONSULTANT agrees that OWNER shall, until the exptratton of three (3) years after the
final payment made by OWNER under th~s Agreement, have access to and the right to
examine any d~mctly pemnent books, documents, papers and records of the CONSULTANT
~nvolwng transactions relating to th~s Agreement CONSULTANT agrees that OWNER
shall have access dtmng normal working hours to all necessary CONSULTANT facflmes and
shall be prowded adequate and appropriate worktng space ~n order to conduct examinations
or audits ~n comphance w~th th~s Artmle OWNER shall g~ve CONSULTANT reasonable
advance notme of all intended examinations or audits
C Venue of any stat or cause of action under thts Agreement shall he exclusively tn Denton
County, Texas Th~s Agreement shall be governed by and construed tn accordance w~th the
laws of the State of Texas
D For purposes ofth~s Agreement, the pames agree that George Prall, P E, Vine-President of
CONSULTAN r ("Prall") shall serve as the ProJect Manager of CONSULTANT, respecnng
thts engagement Th~s Agreement has been entered ~nto wtth the understanding that Prall
s,~o ....... co~,..~,~,~*.~.,,. ,.~ ~s^ o~.~,~r~.~.,.~.~ Page 8 of 10
shall serve as lhe CONSULTANT's Project Manager and the key person serving the
OWNER on tins Project Any proposed changes requested by CONSULTANT, respecting
Prall serving as the key person on the ProJect, shall be subject to the approval of the
OWNER, whtch approval the OWNER shall not unreasonably withhold Nothing herein
shall limit CONSULTANT from using other qualified and competent members of its firm to
perform the other services reqmred hereto, under ~ts supervision or control
E CONSULTANT shall commence, carry on, and complete its work on the Project with all
apphcable dispatch, and ~n a sound, economical, efficient manner, and in accordance with the
prows~ons hereof In accompllsh~ngthe Project, CONSULTANT shall take such steps as are
appropriate to ensure that the work involved is properly coordinated with related work being
camed on by the OWNER
F The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal
all available ~nformation 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
CONSULTANT to enter in or upon, pubhc and private property as required for the
CONSULTANT to perform professional services under this Agreement OWNER and
CONSULTANT agree that CONSULTANT is entitled to rely upon informatmn furmshed to
It by OWNER without the need for further lnqmry or investigation into such information
G The captmns of this Agreement are for informational purposes only and shall not in any way
affect the substantive terms or cond~tions 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-authorized City Manager, and CONSULTANT
has e_xegcted this Agree.~en.t by an~ through its duly-authorized undersigned officer on this the
/ (] 'v~rg~ dayof {~w'-~4~.J_J ,1999
"CITY"
CITY OF DENTON, TEXAS
By ~a~(~
e l~lc{lael W( Jez, ~_~ M~lnager
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
"CONSULTANT"
HALFF ASSOCIATES, INC
A Texas Corporation
By
Geor~ePral~,P F ,V~ce-Pres~dent
ATTEST
Secretar~d
8616 NORTHWEST PLAZA DR~VE
DALLAS TEXAS 75225
l Halff Associates
~AX (2~4) 7390095
I~IO~ · ARCH]'rECTS · SCIENTISTS
1~ · SURVEYORS
September 9, 1999
1008-99-0294
Mr PS Arora, PE
City of Denton
901-A Texas Street
Denton, Texas 76201
Re Graveyard Branch Santtary Sewer
Dear Mr Arora
Halff Assocmtes is pleased to submit th~s fee proposal and scope of work to promde
eng~neenng serrates reqmred for the design of Graveyard Branch Samtary Sewer ma~n
The construction plans will be prepared mn accordance w~th the C~ty of Denton
requirements Standard City details and plan notes wall be used whenever apphcable
Techmcal Spec~ficatmons will be prepared m accordance wah the C~ty of Denton
reqmrements and NCTCOG Standard Spemficauons for Pubhc Works Construcuon
We have included Exhmbmt 'A' Scope of Servmes and ExhibIt 'B' Fee Summary We trust
you will find these acceptable We look forward to working w~th you on flus project
Sincerely Yours,
TI N · WATER RESOURCES ' LAND DEVELOPMENT MUNICIPAL ' ENVIRONMENTAL' STRUCT~ ~m~(
TRANSPORTA 0 MECHANICAL ELECTRICAL SURVEYING ' GEOG~PHIC iNFORMATION SYSTEMS . ~
EXHIBIT A
SCOPE OF SERVICES
Halff Associates, Inc (Haiti), Is pleased to present the following Scope of Services for provtchng
survey and engmeenng services for the Graveyard Branch Samtary Sewer for thc Ctty of Denton
Below is an outhne of the major tasks we anticipate for tlus project Each task is d~scussed m
detail in the pages that follow
100 Project Management
200 Alignment Study
300 Permits
400 Survey
500 Design
600 Construction
Exclusions
TASK 100 - PROJECT MANAGEMENT
Halff Associates will manage and control tis professional services contract, to provide the most
efficient completion of the project Under th~s task we will, provide scope, schedule and cost
control services
WORK EFFORT AND COORDINATION
1 Conduct project hckoffmeetmg to estabhsh project goals and objectives, review the project
decision process, define anticipated work products, identify reformation needed to perform
the work, :refine the project schedule and estabhsh points of contact and commumcatmn
2 Produce schedule for the various stages of the project
3 Attend monthly coordination meetings w~th C~ty of Denton staff as reqmred
TASK 200 - ALIGNMENT STUDY (Specml Service)
Halff Associates shall provide the Conceptual Design Analys~s for the valuation of a maximum
of four (4) alternative samtary sewer ahgnments based on comblnanon of the Carter & Burgess
and City ahgttments The analys~s will be summarized m a letter report submitted to the C~ty of
Denton Project Management Team
Coordinate the project with City staff and regulatory/resource agencies to prowde early
identification of potential ~mplementatlon obstacles and to develop a "working consensus" of the
final routing and project amenities
Page I
Subtask 201: Data Collection
I Meet with City of Denton staffto review the design intent for the proposed ahgnment and
schedule for comploUn8 design and construction
2 Review, as provided bY City°f Dent°n' available as'built' design and planmng mf°rmatl°n
on existing and planned utfimes, transportation faciht~es, developments, and other surface
and subsurface features within the area Review existing aerial photographs of the proposed
alignment alternatives
3 Review available survey, ownership, and topographic data collected to date, as provided by
the City of Denton
4 Prepare a &gltal baae map based on USGS Quadrangle sheets and available aerial
photographs
Subtask 202 - Alternative Alignments
I Develop alternative pipeline routes
2 Tour the routes with City staff to identify special concerns and determine additional
investigative work that may be required
3 Document pertinent data collected on base maps
Conduct lmtlal field surveys (spot elevations) to supplement base map Note, detail surveys
for design shall be conducted during design
5 Identify properties affected and determine the size and number of easements required for the
pipeline routes investigated
6 Meet with the City of Denton Eng~neenng, Right-of-Way, and other departments to review
the preliminary alignment, and identify necessary ad3ustments
7 Evaluate the alternative pipeline routes based on social, right-of-way availability,
construetabihty, anticipated cost, and environmental factors
Subtasl~ 205 - Ahgnment Fmaltgatton
1 Meet w~th C~ty of Denton for a I/2-day workshop to d~scuss and present alignment
evaluations and prowde techmcal assistance to city staff in their selection of a preferred
ahgnment
2 Attend and assist the City Staffwlth up to t~o (2) public meetings including presentanons of
the preferred alignment to the Public Utiht~es Board, and City Council
3 Document and provide the C~ty of Denton the final pre[erred pipeline alignment
TASK 300 * PERMITS (Special Service)
Conduct field investigation for the permitting reqmrements for the entire project alignment
Meet with the Corps of Engineers, TXDOT, and Railroad to ~dentffy specific requirements and to
define the apphcatxon/review process for the permit(s), as required Prepare the necessary
supporting documentation for the application(s) Assist C~ty of Denton in chscussions w~th the
permitting agencies, as required, for the construction of the pipeline project
Page 2
Subtask $01 - Cows of Engineers
I Meet w~th the Corps of Engineers to identify specific requirements and to define the
apphcation/rewew process
2 Coordinate w~th deel~n staff to clanfyplpehne route and define areas wherever the plpchne
may impact a sensitive area
3 Conduct an Archeologlcal Survey of the proposed plpehn¢ route
4 Prepare the necessary documentation for submittal of a Section 404 Natmnwld¢ Permit No 12
to the Corps of Engineers
5 Develop a mitigation plan to offset the effects of construction of the proposed p~pchn¢
6 Attend coordination meeting vath City Staff
Subtask 302- Hydraulic Study
1 Identify locations of potential stream crossings (maximum 5)
2 Obtain available HEC-2 hydrauhc models of affected streams
3 Conduct field surveys to obtain hydraulic cross sections of affected streams
4 Perform a flood plain hydrauhc analysis of proposed aerial crossings (maximum 5) to
determine design parameters and possible impact to adjacent properW owners
5 Attend coordination meeting w~th City Staff
Subtask 303 - TxDOT and Radroad
I Meet with the TXDOT and the Railroad to identify specific design requirements
2 Provide City with design sheets related to each permit
TASK 400 - SURVEY (Special Service)
Conduct the necessary field surveys for preparation of the alignment study, easements, design,
and construction of the project
Subtask 401 - Survey Control
1 Establish horizontal and vertical survey control (NAD83) utthzlng GPS technology
2 Set survey monumentatmn distributed along the proposed pipehne alignment
Subtask 402 - Design Surveys
1 Obtain permission for access through private property
2 Conduct topographic survey of a 100' uade comdor along the concept plpehne alignment
Note, additional field surveys will likely be required dunng preliminary design at locations
where the final alignment may be located beyond the 100' survey comdor
3 Obtain necessary cross sections at proposed stream crossings
4 Tie all known affected properties and fence lines
5 Survey railroad markers and nearest structures (culverts, bridges, switches, etc ) as necessary
for railroad permits
6 Survey all known parallel and crossing overhead and buried uuhty lines affecting the
proposed pipeline
7 Develop detail survey basemap from field data
Page 3
Subtask 40.t. Easement Preparation
1 Coordinate w~th Ctty of Denton to tdentlfy reqmrements for easement ldentfficatton and
procurement based on final ahgnment
2 Ident~ reqmred eazements
3 Provtde necessary surveHng to rte property boundaries for preparation of easement
documents
4 Prepare easement documents Includmg necessary exhibas and legal descnpttons Based on
revtswns to Texas Board of Professxonal Land Surveying, Professtonal Land Surveying
Practtces Act and General Rules of Procedures and Practices, dated July 1999, two types of
easements can be prepared
Type A If the easement traverses across a tract of land, not adjacent to a
property hne, dtvtchng the parcel into two or more tracts field monumentanon
of the easement comers ts reqmred
Type B If the easement ts chrectly adjacent to the property line leavtng no gaps
between the easement and the property hne, field monumentat~on of the easement
comers ts not reqmred
5 Prepare right-of-way maps for enttre project
Subtask 404 -Constructton Staktng
I Estabhsh I set of project horizontal and vertical control points approximately every 2000
feet along the ahgnmcnt
2 Provide 1 set ofcenterhne "Cut Stakes" w~th offset, on 50 foot stattons and at manholes
3 Addtt~onal staking will be at the contractors expense
TASK $00 - DESIGN
Develop specific destgn features of the pipeline including the p~pehne plan and profile,
manholes, h~ghway, roadway, utility, and river crossings, depressed samtary sewers, aerial
crossings, and stream improvements
Subtask 501 - Prehmtnary Design
1 Prepare prehmtnary plan and profile sheets for the recommended p~pehne ahgnment Plans
will be prepared at 1 -50 H, 1"-5' V on 27" b 34" sheets
2 Confirm ptpe s~zes based on available grades, city provided flow rates and TNRCC
reqmrement~
3 Prepare prehm~nary plan for stream ~mprovements including erosion control and bank
stabilization as reqmred
4 Identtfy utfltt~es to be protected and relocated
5 Prepare outhne ofconstructmn specfficauons
6 Prepare esttmate of construction quantttles and develop prehmmary estimate of probable
COSt
Page 4
7 Meet with C~ty to d~scuss prehmlnary plans, specifications, and estimates
8 D~stnbute prehmmary plans to local utahty compames for review
Subtask 502 - Geotechmcal Investigation:
1 Conduct subsurface explorations of the proposed pipeline route Note, it ~s assumed soil
bonngs will be conducted as follows 9 bonngs to 30 feet depth, 10 bonngs to 20 feet depth,
10 bonngs to 15 feet depth, and 11 bonngs to 10 depth
2 Conduct necessary subsurface explorations at four (4) proposed stream crossings
3 Prepare soil logs and conduct laboratory analysis to determine general soil and ground water
condItions
4 Provide recommendations for foundation type, depth and allowable loading for aenal
crossing
5 Prepare report of findings
Subtask 503 -Flnal Design
1 Finalize prehmmary plans by incorporating City, regulatory agencies, and utility companies
comments
2 Prepare special details (1 e manholes, special utxhty crossings, aerial crossings, etc)
3 Prepare survey control data sheet
4 Develop Traffic Control plan
5 Finalize technical specfficatlons
6 Submit final construcnon plans and techmcal specification secnons to the C~ty for final
review
7 Address City's final comments and provide F~nal Constmcuon plans and techmcal
specifications to the City Submittal of all plans and specifications wall be prepared on
Mmrostalon CADD (AutoCADD 14 companble), and MS Word, respectfully Digital files
and one set ofreproducabtes of the final documents will be prowded to City on CD ROM
and appropriate medm
TASK 600 - Construction
Subtask 601 - Bidding
To provide assistance to the City of Denton throughout the bidding phase to clarify the intent of
the construction documents and evaluate bids
I Participate in one (1) pre-bid conference
2 Respond to design-related mqmnes from C~ty and bidders to clarity the intent of the contract
documents Prepare and submit addenda to City In accordance w~th established procedures
and format
Page 5
$#bta~k 602. Construction
Provide construction pha~¢ asststance to Cfly of Denton including meeting attendance It,s
anticipated that the City of Denton will perform the construction management and mspectton
services for the project
1 Attend one prc-constructwn conference and one neighborhood meeting
2 Respond to Request for Information/Clarification on t~chmcally complex ~ssues related
directly to design
3 Participate in final mspectlon as required (one day maximum) at thc completion of the
project
4 Prepare record drawing from ~nformat~on prowded by the Pro~'arn Manager Provide
Program ManaEer with final record drawings on CD ROM
Page 6
The following exclusions are not included with the "Scope of Services" for the dCSlgll of the
Graveyard Branch Sanitary Sewer
1 Reproduction of Contract Documents for bidding and construction (To be provided by
the City)
2 Quality control and material testing services dunng construction (to be provided by the
City),
3 Landscape arcbatecture and related details,
4 All surveying, not specifically identified within the "Scope of Services"
5 Filing fees, permit fees and tax on surveys,
6 Enwronmental evaluations, investigations, assessments, and impact statements, except as
related to 404 permitting,
7 Traffic engineering report or studies, ,, f
8 Construction admlmstratlon except as specifically identified within the Scope o
Services,
9 Design for relocation, adjustment and/or demolition of existing improvements, or
infi-astructure,
10 Paving design or details,
11 Prepaxat~on of Stormwater Pollution Prevention Plans,
12 Testir~g and laboratory analysis, construction observation and or quality control,
Page 7
EXHIBIT B
FEE SUMMARY
BASIC ENGINEERING DESIGN FEE
OPINION OF PROBABLE CONSTRUCTION COST $ 2,800,000
TSPE Curve AB 5 80%
Basic Fee $ 162,400
15% Fee Reduction (Constr) $ (24,360)
TOTAL BASIC DESIGN FEE (Lump Sum) $ 138,040
SPECIAL SERVICES
TASK 200 - ALIGNMENT STUDY (Lump Sum) $ 14,500
2 - Meetings/Prasenta1 t~ons ($1,000 00 each) $ 2,000
TASK 300 - PERMITS
Subtask 301 ~ 404 Permit (Hourly) $ 12,000
- Archeologic Study (Lump Sum) $ 2,000
Subtask 302 - Hydraulic Study (Hourly) $ 15,000
TASK 400 - SURVEY
Subtask 202 4 Supplemental Survey (Lump Sum) $ 5,000
Subtask 401 (GPS Control) (15 @ $400 00 ea ) $ 6,000
Subtask 402 Design Survey (Lump Sum) $ 32,000
Subtask 403 - 10 Esmt, Type A,($1200 ea ) $ 12,000
- 10 Esmt, Type B,($900 ea ) $ 9,000
Subtask 404 0 Construction Staking (0 60/LF) $ 12,000
TASK 500 - DESIGN
Subtask 502 - Geotechnical (CostI $ 22,100
TOTAL SPECIAL SERVICES $ 143,600
CONSTRUCTION SERVICES
TASK 600 - CONSTRUCTION
Subtask 601 - Bidding (Hourly) $ 2,500
Subtask 602 - Construction (Hourlyt $ 9,300
TOTAL CONSTRUCTION SERVICES FEE $ '11,800
TOTAL FEE $ 293,440
B-3B-1
· Graveyard Branch Sanitary Sewer
Denton, Texas
PROPOSED SALARY RATE
September 1999 - September 20000
Project Manager $ 135 00
Sr Project Manager $ 100 00
Project Engineer $ 6~- 00
Envlro Scientist 5; 64 00
CADD Tech 5; 60 00
Clerical $ 47 00
Survey Crew $ 96 00
DlRECT COSTS Actual Cost x ! 05