Loading...
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 &not 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