1998-258AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING AND SURVEYING
SERVICES RELATED TO THE RELOCATION OF WATER AND WASTEWATER
UTILITIES ALONG U S HIGHWAY 77 FROM INTERSTATE HIGHWAY 35 TO U S
HIGHWAY 380, IN DENTON, TEXAS, WITH RUST ENVIRONMENT &
INFRASTRUCTURE, INC, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR,
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the C~ty Council desires to engage Rust Enwronment & Infrastructure, Inc,
for a not-to-exceed amount of Three Hundred E~ght Thousand Three Hundred N~nety F~ve
Dollars ($308,395 00) to prowde professional servmes to the C~ty for eng~neenng design,
easement survey, and easement document preparation pertmnlng to the relocaUon of water and
wastewater utilities along U S H~ghway 77 from Interstate H~ghway 35 to U S H~ghway 380, ~n
Denton, Texas, and
WHEREAS, the C~ty Council deems that ~t ~s ~n the pubhc ~nterest to enter ~nto a
Professional Servmes Agreement w~th Rust Enwronment & Infrastructure, Inc for the above-
referenced professional services, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the City Manager ~s hereby authorized to execute a Professional
Servmes Agreement w~th Rust Environment & Infrastructure, Inc, for eng~neenng and surveying
servmes, pertmnmg to the relocation of water and wastewater uttht~es along U S H~ghway 77
from Interstate H~ghway 35 to U S Highway 380, m Denton, Texas, ~n substantmlly the form of
the attached Agreement whmh is ~ncorporated herewith by reference
SECTION II That the expenditure of funds as prowded ~n the attached Professional
Services Agreement ~s hereby authorized
SECTION III That this ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED th~s the /~'~Sayof c~pZ~g]~,~'~ ,1998
JA~ILL~L~, 1QI~.YOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
F \shared\dept\LGL\Our Documents\Ordlnances\98\Rust Enwronment Ord doc
PROFESSIONAL SERVICES AGREEMENT
FOR ENGINEERING AND SURVEYING SERVICES PERTAINING TO THE
RI~LOCATION OF WATER AND WASTEWATER UTILITIES ALONG U.S.
HIGHWAY 77 FROM INTERSTATE HIGHWAY 35 TO
U S. HIGHWAY 380 IN DENTON, TEXAS
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT is made and entered into as of the /??fi' day of
· ~£~g,O~/", 1998, by and between the City of Denton, Texas, a Texas mumclpal
cotpora~tl6n, w~th its prmcapal office at 215 East McKlnney Street, Denton, Texas 76201,
hereinafter called "OWNER", and Rust Environment & Infrastructure Inc, with its offices at
1420 West Mockingbird Lane, Suite 300, Dallas, Texas 75247, hereinafter called
"CONSULTANT", OWNER and CONSULTANT are acting herein, by and through their duly-
authorized officers and representatives
WITNESSETH, that In consideration of the covenants and agreements herein contained,
the partleb hereto do mutually AGREE as follows
ARTICLE I
EMPLOYMENT OF CONSULTANT
The OWNER hereby contracts with the CONSULTANT, as an independent contractor,
and the CONSULTANT hereby agrees to perform the services described and provided for herein
in connection with the Project as stated in the Articles to follow, with ddlgence and in
accordan{:e wtth the htghest professional standards customarily obtained for such services ~n the
State of Texas The professional servmes set out herein are in connection with the following
described project (hereinafter the "ProJect")
The ProJect shall include, w~thout hm~tatlon, Engineering Design, Easement Survey and
Easemen~ Document preparation services incident to the relocation of Water and Wastewater
Utaht~es along U S Highway 77 and new 20qnch and 16-tach water lines from Interstate
Hlghway135 to U S Highway 380, m Denton, Denton County, Texas
ARTICLE II
SCOPE OF SERVICES
The CONSULTANT shall perform the following services in a professional manner
A To perform all those Basic Services set forth in CONSULTANT's proposal for the
P/roject dated and submitted August 18, 1998, whmh proposal is attached hereto and
incorporated herewith by reference as Exhibit "A"
B If there is ally conflict between the terms of tNs Agreement and the ExNba attached to
this Agreement, the terms and conditions of thru Agreement wall control over the terms
and conditions of the attached ExhlNt or any task orders
ARTICLE III
ADDITIONAL SERVICES
Addlttonal servmes to be performed by the CONSULTANT, if authorized by the
OWNER, wNch are not included in the Basra Services set forth ~n Amcle II here~nabove, are
described as follows
A Dunng the course of the ProJect, as requested by OWNER, the CONSULTANT will be
avmlable to accompany OWNER's personnel when meeting wath the Texas Natural
Resource Conservation Commission, U S Envtronmental Protection Agency, or other
regulatory agenc~as The CONSULTANT wall asmst OWNER's personnel on an "as-
needed" bas~s In preparing comphance schedules, progress reports, and prowdlng general
technical support for the OWNER's comphance efforts
B Assisting OWNER in the defense or prosecution of htlgat~on in connection wath, or In
addition to those servmes contemplated by this Agreement Such services, If any, shall be
furnished by CONSULTANT on a fee basis negotiated by the respective parties, outside
of and ~n addition to th~s Agreement
C Samphng, testing, or analys~s beyond that spemfically included m Basic Servmes
D Preparing applications and supporting documents for government grants, loans, or
planning advances and providing data for detailed apphcat~ons
E Appearing before regulatory agenmes or courts as an expert watness In any ht~gat~on wath
third parties or ~n condemnation proceedings anstng from the development or
construction of the ProJect, including the preparation of eng~neenng data and reports for
the OWNER, to assist OWNER in those proceedings
F Lift Station analysis and design
O Providing geotechmcal lnvesttgatlons for the construction s~te, including soft bonngs,
related analyses, and recommendations
H Court appearance(s) by the Engineer for easement and right of way acqms~tlon
I Negotiations for easement acqmslt~on
J Making additional presentations not otherwise prowded for hereunder
Page 2
ARTICLE IV
PERIOD OF SERVICE
Thts Agreement shall become effective upon execution of this Agreement by the
OWNER and the CONSULTANT and upon issuance ora 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 ~n 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 and to meet the schedule
established by the OWNER, acting through its City Manager or his designee
ARTICLE V
COMPENSATION
A COMPENSATION TERMS
1 "Subcontract Expense" is defined as expenses recurred by the
CONSULTANT in the employment of others from outside firms, for services in
the nature of professional engineering
2 "Direct Non-Labor Expense" is defined as that expense for any assignment
incurred by the CONSULTANT for supplies, transportation, travel,
communications, subsistence, lodging away from home, and similar incidental
expenses reasonably incurred in connectton with that assignment
B BILLING AND PAYMENT For and in consideration of the professional services to be
performed by the CONSULTANT herein, the OWNER agrees to pay, based on the cost-
estimate detml at the hourly rates set forth in the spreadsheet attached as the final page of
Exhibit "A", which is attached hereto and incorporated herewith by reference, a fee of not
to exceed $308,395 00 which is comprised of (1) A fee of $184,645 00 for items 1
through 36 and items 51 through 53, including reimbursement for direct non-labor
expenses, and (2) A fee of $990 00 for easement survey services per parcel of real
property, respecting items 37 through 42, for up to 125 parcels, for a further sum not to
exceed $123,75000 CONSULTANT shall bill expenses at cost plus 10%
CONSULTANT shall bill any subcontractors' or subconsultants' fees at actual cost plus
10%
Partial payments to the CONSULTANT will be made on the basis of detmled monthly
statements rendered by CONSULTANT to OWNER, and approved by OWNER through
its City Manager or his designee However, under no clrcnmstances 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 percent (5%) of the contract amount
until satisfactory completion of the Project
Page 3
Nothing contmned ~n th~s Article shall reqmre the OWNER to pay for any work whmh ~s
unsatasfactory, as reasonably determined by the C~ty Manager or his designee, or whmh is
not submitted ~n comphance with the terms ofth~s Agreement The OWNER shall not be
reqmred to make any payments to the CONSULTANT when the CONSULTANT ~s in
default under th~s Agreement
It ~s specffically understood and agreed that the CONSULTANT shall not be authorized
to undertake any work pursuant to th~s Agreement which would reqmre ad&t~onal
payments by the OWNER for any charge, expense, or reimbursement above the fees as
stated herelnabove, wtthout first hawng obtained wmten authorization from the OWNER
The CONSULTANT shall not proceed to perform the services hsted in Article III
"Additional Services," w~thout obtmmng prior written authorization from the OWNER
C ADDITIONAL SERVICES For additional servtces authorized ~n writing by the
OWNER pursuant to Article III here~nabove, CONSULTANT shall be prod based upon
the Schedule of Charges at the appropriate hourly rate(s) as shown ~n Exhibit "A",
attached hereto Payments for adthtlonal services shall be due and payable upon
submission by the CONSULTANT w~th CONSULTANT'S regular monthly statement as
provided for above Statements shall not be submitted more frequently than monthly
D PAYMENT If the OWNER fails to make payments due the CONSULTANT for
services and expenses within s~xty (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 s~xUeth (60th) day, and, ~n add~tton,
the CONSULTANT may, after g~wng seven (7) days' written notice to the OWNER,
suspend services under th~s Agreement untd the CONSULTANT has been prod tn full all
amounts then due for services, expenses, and charges Prowded, however, nothing herein
shall require the OWNER to pay the late charge of one percent (1%) set forth here~n ff the
OWNER reasonably determines that the work of CONSULTANT is unsatisfactory, ~n
accordance w~th th~s Article V, "Compensation"
ARTICLE VI
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT wall exermse reasonable care and due dd~gence in d~scovenng and
promptly reporting to the OWNER any defects or deficiencies m the work of the
CONSULTANT or any of CONSULTANT'S subcontractors or subconsultants
ARTICLE VII
OWNERSHIP OF DOCUMENTS
All documents prepared or furmshed by the CONSULTANT (and CONSULTANT's
subcontractors or subeonsultants) pursuant to th~s Agreement are tnstruments of servme, and
shall become the property of the OWNER upon the termination of this Agreement The
Page 4
CONSULTANT is entitled to retain copies of all such documents The documents prepared and
furnished by the CONSULTANT are mtended only to be apphcable to th~s Project, and
OWNER's use of these documents ~n other projects shall be at OWNER's sole risk and expense
In the event the OWNER uses any of the information or matermls developed pursuant to th~s
Agreement m another project or for other purposes than specified here~n, CONSULTANT ~s
released from any and all habfltty relatmg to their use m that project
ARTICLE VIII
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services to OWNER as an ~ndependent contractor, not as
an employee of the OWNER CONSULTANT shall not have or clmm any right arising from
employee status
ARTICLE IX
INDEMNITY AGREEMENT
The CONSULTANT shall ~ndemmfy and save and hold harmless the OWNER and ~ts
officmls, officers, agents, and employees from and against any and all habd~ty, clmms, demands,
damages, losses, and expenses, ~ncludmg, but not hm~ted to court costs and reasonable attorney's
fees ~ncurred by the OWNER, and ancludlng, w~thout limitation, damages for boddy and
personal mjury, death and property damage, resulting from the neghgent acts or omissions of the
CONSULTANT, ats officers, agents, employees, subcontractors or subconsultants m the
execution, operation, or performance of th~s Agreement
Nothing ~n th~s Agreement shall be construed to create a llabd~ty to any person who is not
a party to th~s Agreement, and nothing herein shall wmve any of the part,es' defenses, both at
law or eqmty, to any clmm, cause of action, or lmgat~on filed by anyone not a party to this
Agreement, tnclud~ng the defense of governmental ~mmunlty, whmh defenses are hereby
expressly reserved
ARTICLE X
INSURANCE
Dtmng the performance of the services under th~s Agreement, CONSULTANT shall
mmntaln the followmg insurance w~th an ~nsurance company hcensed to do bus~ness m the State
of Texas by the State Insurance Commission or any successor agency, that has a rating w~th
A M Best Rate Carriers of at least "A"- or above
A Comprehensive General Lmbd~ty Insurance with bodily ~njury hm~ts of not less than
$500,000 for each occurrence and not less than $500,000 ~n the aggregate, and w~th
property damage hm~ts of not less than $100,000 for each occurrence and not less than
$100,000 in the aggregate
Page 5
B Automobile Lmblhty Insurance with bodily ~njury hmlts of not less than $500,000 for
each person and not less than $500,000 for each accident, and with property damage
hm~ts ¬ less than $100,000 for each accident
C Worker's Compensanon Insurance in accordance with statutory reqmrements, and
Employers' Liability Insurance w~th hmtts of not less than $100,000 for each accident
D ?rofesslonal L~ablhty Insurance w~th hm~ts of not less than $1,000,000 annual aggregate
E The CONSULTANT shall furmsh insurance certificates or insurance pohc~es to the
OWNER to evidence such coverage The insurance certificates and pohcles shall name
the OWNER as an additional insured on all such pohcles to the extent possible, and shall
contain a provision that such insurance shall not be canceled or modified w~thout thirty
(30) days' prior written not~ee to OWNER and CONSULTANT In such event, the
CONSULTANT shall, prior to the effective date of the change or cancellation, deliver to
OWNER substaute Insurance eemficates or policies furnishing the same coverage
ARTICLE XI
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The part,es may agree, but are not required to settle any disputes under this Agreement by
submitting the d~spute to arbitration or other means of alternate dispute resolution, such as
medmtion No arbitration or alternate dispute resolution arising out of or relating to this
Agreement, ~nvolwng one party's d~sagreement, may include the other party to the d~sagreement
without the other party's approval
ARTICLE XII
TERMINATION OF AGREEMENT
A Notwithstanding any other prov~smn of this Agreement, either party may terminate this
Agreement by g~wng thirty (30) days' advance written notice to thc other party
B Th~s Agreement may be terminated in whole or ~n part in the event of e~ther party
substantmlly falling to fulfill ars obligations under this Agreement No such termination
will be effected unless the other party is g~ven (1) Written notice (dehvered by certified
marl, return receapt requested) of intent to terminate and setting forth the reasons
spemfy~ng the default, error, ormss~on or non-performance, and not less than thmy (30)
calendar days to cure the fmlure, and (2) An opportunity for consultation wath the
terrmnat~ng party prior to termination
C If the Agreement ~s terminated prior to completion of the services to be provided
hereunder, CONSULTANT shall ~mmedlately 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 to termination, incurred prior to the date of
Page 6
termination, in accordance w~th Amcle V "Compensation," here~nabove Should the
OWNER subsequently contract w~th a new consultant for the continuation of services on
the Project, CONSULTANT shall cooperate ~n prowd~ng ~nformat~on The
CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT
pursuant to th~s Agreement to the OWNER on or before the date of termmat~on, but may
mamtmn cop~es of such documents for xts own use
ARTICLE XIII
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval by the OWNER shall not consntute, nor be deemed a release of the
responsibility and habfllty of the CONSULTANT, its officers, employees, agents,
subcontractors, and subconsultants, for the accuracy and competency of their designs or other
work, nor shall such approval be deemed to be an assumptxon of such respons~bd~ty by the
OWNER for any defect m the design or other work prepared by the CONSULTANT, ~ts officers,
employees, agents, subcontractors, and subconsultants
ARTICLE XIV
NOTICES
All notices, commumcat~ons, and reports required or permitted under th~s Agreement
shall be personally dehvered, or shall be totaled to the respective part,es by depositing same ~n
the United States mad to the addresses shown below, by means of certffied mad, return receipt
requested, unless otherwise specified herein
To CONSULTANT To OWNER
Rust Environment & Infrastructure Inc C~ty of Denton, Texas
Rodney E Z~elke, V~ce-Presldent Howard Mamn, Jr
1420 West Mockingbird Lane, Suite 300 Assistant C~ty Manager of UtlhUes
Dallas, Texas 75247 215 East McK~nney
Denton, Texas 76201
All notmes shall be deemed effective upon receipt by the party to whom such not,ce ~s
g~ven
ARTICLE XV
ENTIRE AGREEMENT
This Agreement, consisting of eleven (11) pages and one (1) exhibit, constautes the
complete~ and final expression of the agreement of the part~es, and ~s intended as a complete and
exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous
offers, promises, representations, negotmt~ons, d~scussmns, commumcat~ons, tmderstand~ngs,
and agreements which may have been made m connection w~th the subject matter of th~s
Agreement
Page 7
ARTICLE XVI
SEVERABILITY
If any provision of th~s Agreement is found or deemed by a court of competent
jtmsd~ct~on to be mvahd or unenforceable, ~t shall be considered severable from the remmnder of
this Agreement and shall not cause the remmnder to be ~nvahd or unenforceable In such event,
the part~es shall reform th~s Agreement to replace such stricken prowsmn with a vahd and
enforceable prowsmn which comes as close as possible to expressing the ~ntentlon of the part~es
hereto respecting the stricken prows~on
ARTICLE XVII
COMPLIANCE WITH LAWS
The CONSULTANT shall comply wah all federal, state, and local laws, rules,
regulations, and ordinances apphcable to the work covered hereunder as they may now read or be
hereafter amended
ARTICLE XVIII
DISCRIMINATION PROHIBITED
In perforunng the services reqmred hereunder, the CONSULTANT shall not d~scnm~nate
agmnst any person on the bas~s of race, color, rehg~on, sex, national ong~n or ancestry, age, or
physical handicap
ARTICLE XIX
PERSONNEL
A The CONSULTANT represents that ~t has or wdl secure, at its own expense, all
personnel reqmred to perform all the professional services mqmred under this Agreement
Such personnel shall not be employees or officers of, nor have any contractual relations
w~th the OWNER CONSULTANT shall ~nform the OWNER of any conflmt of Interest
or potentml confhct of interest known to Consultant, that may arise dunng the term of
th~s Agreement
B All services required hereunder will be performed by the CONSULTANT or under its
dtrect supervts~on All personnel engaged in work shall be quahfied, and shall be
authorized and permitted under state and local laws to perform such services
Page 8
ARTICLE XX
ASSIGNABILITY
The CONSULTANT shall not assign any ~nterest ~n this Agreement, and shall not
transfer a~y interest m this Agreement (whether by assignment, novation, or otherwise) w~thout
the prior written consent of the OWNER
ARTICLE XXI
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, or hm~tat~on
hereto contained shall be vahd unless m writing and duly executed by the party to be charged
therewith, and no ewdence of any waiver or mod~ficatlon shall be offered or received m ewdence
~n any pr0eeedlng ar~smg between the part, es hereto out of or affecting this Agreement, or the
r~ghts or obhgat~ons of the parties hereunder, unless such waiver or modification is m writing
and duly executed by the part,es The parties further agree that the prowsions of th~s Article will
not be wmved unless as set forth hereto
ARTICLE XXII
MISCELLANEOUS
A The following Exhibit ~s attached to and incorporated herewith by reference, and made a
part ofth~s Agreement
Exhibit "A" --- Project Proposal
B CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the
final payment under th~s Agreement, have access to and the right to examtne any dtrectly
pertinent books, documents, papers, and records of the CONSULTANT ~nvolvlng
transactions relating to th~s Agreement CONSULTANT agrees that OWNER shall have
aqcess during normal working hours to all necessary CONSULTANT factht~es and shall
be prowded adequate and appropriate working space ~n order to conduct audits ~n
comphance w~th th~s section OWNER shall g~ve CONSULTANT reasonable advance
notice of intended audits
C Venue of any smt or cause of action under this Agreement shall he exclusively ~n Denton
County, Texas Th~s Agreement shall be governed by and construed ~n accordance w~th
the laws of the State of Texas
D For the purpose of th~s Agreement, the key persons who wall perform most of the work
hereunder shall be Rod Zlelke, P E, Pnnclpal-In-Charge and Project Manager, Steve
Hereford, P E, Project Engineer, and Larry Smalley, P E, Project Engineer However,
notbang herein shall hmlt CONSULTANT from using other qualified and competent
members of its firm to perform the professional services required herein
Page 9
E CONSULTANT shall commence, carry on, and complete any and all work on the Project
w~th all apphcable d~spatch, ~n a sound, economical, and efficient manner, and in
accordance w~th the prows~ons hereof In accomphsh~ng the ProJect, CONSULTANT
shall take such steps as are appropriate to ensure that the work ~nvolved ~s properly
coordinated w~th any related work being carried on by the OWNER
F The OWNER shall assist the CONSULTANT by plamng at the CONSULTANT's
d~sposal all avmlable mformatton pertinent to the Project, ~nclud~ng prewous reports, any
other data relative to the ProJect, and arranging for the access thereto, and make all
prows~ons for the CONSULTANT to enter ~n or upon pubhc and private property as
reqmred for the CONSULTANT to perform services under th~s Agreement
G The capttons of th~s Agreement are for ~nformattonal purposes only, and shall not ~n any
way affect the substantive terms or conditions of th~s Agreement
IN WITNESS HEREOF, OWNER and CONSULTANT have hereby executed th~s
Agreement m quadruphcate original counterparts, the OWNER acting by and through ~ts duly-
authorized Cxty Manager, and the~ONSULTANT _acting by .and through ~ts duly-authorized
undersigned officer on th~s the / ~ day of q.~.~Z~'f~ ,1998
"OWNER"
CITY OF DENTON, TEXAS
ATTEST
JENNIFER WALTERS, CITY SECRETARY
U- \
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Page 10
"CONSULTANT"
RUST ENVIRONMENT
& INFRASTRUCTURE, INC
VICE-PRESIDENT
ATTEST
F \SHARED\DEPTXLGL\Our Documents\Contracts\98\Rust Agreement doc
Page 11
~ Rust Environment & Infrastn~cture Inc.
O~lla~ TX ~24Y~
August lg, 1998
Mr P S Arora, P E
Enganeenng Administrator
Denton Mummpal Utihties
901.A Texas Street
Denton, Texas 76201
Re Proposal for Engmeenng and Suxvc} mg to Relocate V~ ater and Wastev, ater Utthues along
Highway 77 from 1-35 to U S Hw', 380 in Denton Texas
Dea~ Mr Arora
Rust E & I appreciates this oppomamty to pro'4de the City of Denton ~th a priced proposal for the
referenoxt project The proposed uuht) relocations and 16-~nch watermam are summarized by the
attached prehmmary construcuon cost estimate which totals S2 311 309 m construction cos~ The
prolect currently anu¢lpates placing the proposed utflmes clear of the ultimate U S Hv,~y 77
pavement, wtthm future ROW where possible and in adjacent easements ~here necessary
Based on our current understanding of thc pro, eot as defined m the above referenced prehmmary
eonstructaon cost estimate a~d the attached las'k/fee outhne Rus~ E & I proposes to perform the
follo~ang scope of work
I BASIC SERVICES
A Destgn Surveys
Rust will reco',er existing benchmarks and state comrol and establish secondary
con~xol adequate to perform the sue. eys requtred SuFplemenlal ~opographie surve~ s
vail be performed to t~e ex,sung uuhnes and other e',astmg features in the area of the
proposed roadway impro,,ements that '.,,ould affect the proposed uuhty construction
Thesesurve)swtllsupplementaenalmappmgfilesprovidedb~ Tx.DOT Inaddmon
topographic sur~ey '.,,'ill be performed to support analysis of samraD sewer ahgnmen~
studies around Rmey Road
Mt P S Atora,?E
August 18, 1998
Pagc 2
Ptehmmaty DesLgn Phase
The Consultam shall prepare pl~hm,nary plans to include thc following
I Ptogoscd ahgnm~nt
2 Proposed profiles
3 Natural and man-made fcalures affecting design
Final Design Phase
1 Upon approval ofptelunmary plans by the City, the Consultant shall prepare
~ plans (each sheet to be stamped by the Registered Profcsslonal Engmccr
responsible for the work)
a Standard City t~tle pagc w~th location map
b Plan and Profile sheets
c Standard sheets
d Erosion Conwol Plans
¢, Traffic Conu'ol Plan
2 The Consultant unll furnish to the owner one (1) set of film m'~produc~blcs
and three (3) sets of blue line pnnta of the approved plans
Construction Phase Services
1 Prepare construction quantity estimate ba~cd on f'mal plans
2 Attend preconswuct~on meeting
3 Prepare as-built drawings as reqmted
Mr P S Arora~PE
August 18, 1998
Page 3
II SPECIAL SERVICES
A Easement Surve~
Easement surveys will be performed on a per parcel bas~s to cletcrmme the hmlts of
easements required for the con,s~ru~on of the p~oject Deed and ownership research
w~ll be provided to supplement research already done by ~he Oty of Denton tn
acquLrmg ROW parcels Legal descriptions and parcel exhibits will be provided to
the City for acqtuslRon by R~e City It ~s antlopated that the City will obtain "letters
of permlsslon" from affectc, d parcels to access and survey on thetr property It is
- - currently an'oc~pated that approximately 95+ parcels w~ll be affected
III ADDITIONAL SERVICES
Ad&~or~ Services ~ defined as services that are requested by the Owner or requtred for
project comple~on which fall outstde of the scope of Basic So'vices end Special Services
as o~-I,~ed above Acltht~onal Semces n~ghi include, but are not hm~ted to (I) Lift Stanon
arlalysis and des~n, (2) Court appearance by the Engineer for easement and ROW
acqmsmon, and (3) Apprmsels for easement acqmsmon, (4) Legal end Negouatlons for
easement acqulslt~ort, end (5) Other services onts~de the scope of Basic Services
IV COM~ENSATION
Rust E & I and tis subconsultants propose to complete the Basic Services for a fee of
$184,645 00 and includes tasks 1 thru 36 and 51 thru 53
In ackh~on RUST E&I proposes to provide easement surveying settees for a l~r parcel cost
of $990 00 for a minimum ofg0 parcels as identified tn tasks 37 thru 42
These amounts w~ll not be exceeded without prior written authonzatton by the C~ty of
Denton Addmonal S~rvlcas, when requested tn wntmg by the C~ty of Denton, will be
performed at Rme plus materials basis as follows (1) Labor to be billed at hourly rates
'~llown, (2) Expenses to be billed at cost plus 10%, end (3) Subcensultants and
subcontractors to be billed at actual cost plus 10%
Mr P S Arora, PE
August 18, 1998
Page 4
Please call me tfyou have any quesuon.s or requir~ additional mformatton
Sincerely,
Dallas Dlvzs~on
RJ~Z/tlj