2000-354 ORDINANCE NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH ADS
ENVIRONMENTAL SERVICES, INC, FOR ENGINEERING SERVICES PERTAINING TO
A SMOKE-TESTING STUDY OF THE HICKORY CREEK SANITARY SEWER BASIN,
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City Counml deems it in the public interest to engage ADS
Environmental Services, Inc, a Corporation ("ADS"), to provide professional engmeenng
services to the City pertmnmg to a smoke-testing study of the Hickory Creek sanitary sewer
basin, and
WHEREAS, the City staff has reported to the City Council that there is a substantial need
for the above-described professional servmes, and that limited City staff cannot adequately
perform the servmes and tasks with its own personnel, and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional
Services Procurement Act", generally provides that a City may not select a provider of
professional services on the basis of competitive bids, but must select the provider on the basis of
demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price,
and
WHEREAS, the City Cotmcll has provided m the City Budget for the appropriation of
funds to be used for the purchase of the professional services, as set forth in the Professional
Services Agreement, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the City Manager ~s hereby authorized to execute a Professional
Servmes Agreement with ADS Environmental Services, Inc, of Dallas, Texas, for professional
englneenng services pertalmng to a smoke-testing study of the Hickory Creek samtary sewer
basin, m substantmlly the form of the Professional Services Agreement attached hereto and
incorporated herewith by reference
SECTION 2 That the award of this Agreement by the C~ty is on the basis of the
demonstrated competence, knowledge, and quahficatlons of ADS and the ability of ADS to
perform the professional services needed by the City for a fair and reasonable price
~ECTION 3 That the expenchture of funds as provided in the attached Professional
Services Agreement is hereby authorized
SECTION 4 That this ordinance shall become effective immediately upon its passage
and approval
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
S \Our Documents\Ordlnancetl\00~DS Environmental Sves PSA Hickory Crk Smoke WW doc
STATE OF TEXAS §
COUNTY OF DENTON §
PROFESSIONAL SERVICES AGREEMENT FOR ENGINEER/NG SERVICES
PERTAINING TO A SMOKE-TESTING STUDY OF THE
HICKORY CREEK SANITARY SEWER BASIN
~¥,~IS AGREEMENT is made and entered into as of the ,~ day of
-fJ~J , 2000, by and between the City of Dentone' Texas, a Texas
~umclpal Corporation, with ~ts pnnmpal offices at 215 East McKmney Street, Denton, Texas
76201 (hereafter "OWNER"), and ADS Environmental Services, Inca Corporation, w~th ~ts
offices at 10715 Piano Road, State #200, Dallas, Texas 75238 (hereafter "CONSULTANT"), the
parties acting herein, by and through their duly-authorized representatives, officials and officers
WITNESSETH, that in consideration of the covenants and agreements herein contained, the
parties hereto do mutually AGREE as follows
ARTTCT,F, I
EMPLOYMENT OF CONSULTANT
The OWNER hereby contracts with CONSULTANT, as an independent contractor, and the
CONSULTANT hereby agrees to perform the services herein in connection with the ProJect as
stated in the Articles to follow, with chhgence and in accordance with the professional standards
customarily obtained for such services m the State of Texas The professional servmes set forth
herein are m cormectlon with the following described project (the "Project")
The project consists of a smoke-testing study performed on the Hickory Creek samtary sewer basra
The CONSULTANT agrees to exermse the same degree of care, sl~ll and dthgence in the
performance of these services as is ordinarily promded by a professional consultant under s~mflar
circumstances and the CONSULTANT shall, at no cost to OWNER, "re-perform" any services on
the Project whmh fml to satisfy the foregoing standard of performance
ARTTC~T ,E [!
SCOPE OF SERVICES
The CONSULTANT shall perform the following Basic Services in a professmnal manner
A To perform those professional servmes as set forth m the "Scope of Work / City of Denton-
Hickory Creek," prepared by CONSULTANT for OWNER m May 2000, which five (5)
page document is attached hereto as Attachment "A," and is ~ncorporated hereto by reference
B If there ~s any conflict between the terms of fins Agreement and Attachment "A" attached to
tl'ns Agreement, the terms and conchtlons of tins Agreement shall control over the terms and
condltmns of the Attachment
A~TT~T,F~ TTT
ADDITIONAL SERVICES
Any Add~taonal Servmes to be performed by the CONSULTANT, ~f anthonzed by the
OWNER, winch are not ~ncluded as Basra Servmes ~n the above-described Attachment "A", set
forth as prowded by Artmle II above, shall be later agreed-upon by OWNER and CONSULTANT,
who shall determine, m wntang, the scope of such Additional Servmes, the mount of compensation
for such add~laonal servmes, and other essential terms pertatmng to the prowsmn of such Additional
Servmes by the CONSULTANT
ARTTCT .1~ ~
PERIOD OF SERVICE
Tbas Agreement shall become effective upon execution by the OWNER and the
CONSULTANT and upon the ~ssuance of a notme to proceed by the OWNER, and shall remmn ~n
force for the period that may reasonably be reqmred for the completmn of the ProJect, mcludtng
Additional Services, ff any, and any reqmred extensmns approved by the OWNER Tlus
Agreement may be sooner termmated m accordance with the prows~ons hereof T~me is of the
essence m ttus Agreement CONSULTANT shall make all reasonable efforts to complete the
servmes set forth herem as expetht~ously as possible and to meet the schedule reasonably
estabhshed by the OWNER, acting through ~ts Assistant C~ty Manager for Uttht~es, or his designee
ARTTCI .F, V
COMPENSATION
A COMPENSATION TERMS
1 "Subcontract Expense" ~s defined as those expenses, ~f any, ~ncurred by
CONSULTANT m the employment of others in outside firms, for servmes in the area
of professmnal engineering, or related servmes Any subcontractor or subconsultant
billing reasonably recurred by the CONSULTANT ~n connection w~th the Project shall
be mvomed to OWNER at the actual cost
2 D~rect Non-Labor Expense ~s defined as that expense, based upon actual cost, for any
out-of-pocket expense reasonably recurred by the CONSULTANT m the performance
of t/ms Agreement, for long thstance telephone charges, telecopy charges, messenger
servmes, printing and reproduction expenses, out-of-pocket expenses for purchased
computer t~me, prudently recurred travel expenses related to the work on the ProJect,
and s~m~lar incidental expenses recurred ~n counect~on w~th the ProJect
B BILLING AND PAYMENT
For and m cons~deratmn of the professional services to be performed by the CONSULTANT
hereto, the OWNER agrees to pay CONSULTANT, based upon the satisfactory completmn
of the Basic Services tasks set forth m the Scope of Servmes as shown ~n Article II above, as
follows
1 CONSULTANT shall perform ~ts work on tlus Project ~n accordance w~th the
provtmons and the tasks more parfacularly set forth in Attachment "A" attached hereto and
~ncorporated herewtth by reference CONSULTANT shall be prod for servmes rendered
pursuant to the Agreement on the basis set forth in the "Cost Schedule" set forth ~n
Attachment "B", that m a four (4) page attaclunent, cons~sung of Attachment "B", and
Attachments B 1, B 2, and B 3 attached hereto and ~ncorporated herewith by reference
CONSULTANT shall bill from tune sheets, m mnumum ¼ hour or smaller t~me ~ncrements,
at the hourly rates prowded for m the "Cost Schedule" OWNER agrees to pay to
CONSULTANT for ~ts professmnal services performed and expenses ~ncurred a total mount
not to exceed $261,625 00
2 Part~al payments to the CONSULTANT will be made monthly ~n accordance with the
statements reflecting the actual completton of the Basra Servmes, rendered to and approved
by the OWNER through tts Assistant Ctty Manager for Utthtms or bas designee However,
under no c~rcumstances shall any monthly statement for servtces exceed the value of the
work performed at the tune a statement ~s rendered The OWNER may w~thhold the final ten
(10%) pement of the above not-to-exceed amount untd satisfactory completion of the ProJect
by the CONSULTANT
3 Nottnng contmned m tbas Amcle shall reqmre the OWNER to pay for any work wbach
~s unsattsfuctory as reasonably determined by the Assmtant C~ty Manager for Utd~t~es or bas
designee, or whmh ts not subrmtted by CONSULTANT to the OWNER ~n comphance w~th
the terms of tlus Agreement The OWNER shall not be reqmred to make any payments to
the CONSULTANT at any lame when the CONSULTANT ~s ~n default under th~s
Agreement
4 It ~s specffically understood and agreed that the CONSULTANT shall not be
authorized to undertake any work pursuant to ti'ns Agreement which would reqmre additional
payments by the OWNER for any charge, expense or rexmbursement above the not-to-exceed
amount as stated herelnabove, wxthout first having obtmned the prior written authorization
from the OWNER CONSULTANT shall not proceed to perform any servmes to be later
promded for under Artmle III" ,,
authorization fi'om the OWNERAddm°nal Serwces w~thout first obtmmng the prior written
C ADDITIONAL SERVICES For Adcht~onal Servxces authorized xn writing by the
OWNER m Artmle III heremabove, CONSULTANT shall be prod based on a to-be-agreed-
upon Schedule of Charges Payments for AdthUonal Servmes shall be due and payable upon
subrmsmon by the CONSULTANT, and shall be m accordance w~th Artmle V B
heremabove Statements for Basra Servmes and any Add~ttonal Servmes shall be subrmtted
to OWNER no more frequently than once monthly
D PAYMENT If the OWNER fmls to make payments due the CONSULTANT for
servtces and expenses v~thm stxty (60) days after receipt of the CONSULTANT'S
undxsputed statement thereof, the amounts due the CONSULTANT wull be ~ncreased by the
rate of one percent (1%) per month/~om and atter the smd s~xUeth (60th) day, and m
addmon, thereat~er, the CONSULTANT may, at~er g~wng ten (10) days written not~ce to the
OWNER, suspend services under tins Agreement until the CONSULTANT has been pard m
full for all amounts then due and owing, and not dmputed by OWNER, for servmes, expenses
and charges Pmvtded, however, notbang hereto shall requn:e 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'°..,~.1 .......... .
B o;+~-,~ A ............ o ~,um l~ ml~alslaclory, In accoraance with Article V
. m,~ t..~=~men[, ana u WNI~R has notified CONSULTANT of that fact in wntmg
ARTICI,E VI
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due diligence in dlscovenng and
promptly reporting to the OWNER any defects or deficiencies ~n the work of the CONSULTANT
or any of its subcontractors or subconsultants
ArTTCT.~, VII
OWNERSHIP OF DOCUMENTS
All documents prepared or furmshed by the CONSULTANT (and CONSULTANT's
subcontractors or subconsultants) pursuant to tins Agreement are Instruments of service and shall
become the property of the OWNER upon the termmanon of flus Agreement The
CONSULTANT is entitled to retam cop~es of all such documents The documents prepared and
fi-m~shed by the CONSULTANT are mtended only to be apphcable to flus project and OVv2XtER's
use of these documents in other projects shall be at OWNER's sole risk and expense In the event
the OWNER uses the Agreement in another project or for other purposes than specified herein any
of the information or materials developed pursuant to this Agreement, CONSULTANT Is released
from any and all liabIlity relatIng to their use In that project
ARTTCT.~, VTTI
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
AR TIO. T .IR. IX
INDEMNITY AGREEMENT
The CONSULTANT shall mdemmfy and save and hold harmless the OWNER and its
officials, officers, agents, attorneys and employees from and against any and all liability, clams,
demands, damages, losses and expenses, lncluchng but not halted to court costs and reasonable
attorney fees incurred by the OWNER, and mcludmg without hmltatmn damages for bodily and
personal injury, death, or property damage, resulting from the negligent acts or omissions of the
CONSULTANT or its officers, shareholders, agents, attorneys and employees in the executaon,
operation, or performance of flus Agreement
Noflung m flus Agreement shall be construed to create a liability to any person who is not a
party to ti'ns Agreement and nothmg hereto shall wave any of the party's defenses, both at law or
equity, to any clanu, cause of action or ht~gatlon filed by anyone not a party to flus Agreement,
including the defense of governmental anmumty, Much defenses are hereby expressly reserved
AI~TTCT ,E X
INSURANCE
During the performance of the Services under tins Agreement, CONSULTANT shall
mmntam the following ursurance w~th an ursurance company hcensed to do business ~n the State of
Texas by the State Insurance Board or any successor agency, that has a rating w~th A M Best Rate
Careers of at least an "A-" or above
A Comprehensive General Lminhty Insurance w~th bodily ~njury hm~ts of not less than
$500,000 for each occurrence and not less than $500,000 in the aggregate, and w~th property
damage hm~ts of not less than $100,000 for each occurrence and not less than $100,000 ~n the
aggregate
B Automobile L~abthty Insurance w~th boddy injury lamts 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 m accordance w~th statutory reqmrements and Employer's
Dabfl~ty Insurance wrth hrmts of not less than $100,000 for each accident
D Professional Lmbfl~ty Insurance w~th hrmts of not tess than $1,000,000 annual aggregate
E CONSULTANT shall furmsh ~nsurance certfficates or ~nsurance pohmes at the OWNER's
request to ewdence such coverages The ursurance pohc~es shall name the OWNER as an
add~tmnal ~nsured on all such pohc~es to the extent that ~s legally possible, and shall contmn a
proms~on that such ~nsurance shall not be cancelled or modffied w~thout tinrty (30) days prior
written notme to OWNER and CONSULTANT In such event, the CONSULTANT shall,
prior to the effective date of the change or cancellatzon of coverage, dehver cop~es of any
such substitute pohmes, funusinng at least the same policy hm~ts and coverage, to OWNER
AR TTC. I ,~ XI
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The pames may agree to settle any d~sputes under tbs Agreement by submitting the (hspute
to arbitration or other means of alternate thspute resolution such as medmtlon No arintrat~on or
alternate chspute resolution arising out of or relating to, tins Agreement ~nvolwng one party's
d~sagreement may urclude the other party to the d~sagreement w~thout the other's approval
AR TTC. I ,R
TERMINATION OF AGREEMENT
A Notwithstanding any other prommon of tins Agreement, e~ther party may terminate tins
Agreement by prowdmg tinrty- (30) days advance written notme to the other patty
Tins Agreement may also be terminated m whole or ~n part ~n the event of e~ther party
substantmlly fmhng to fulfill ~ts obhgat~ons under tins Agreement No such temunat~on will
be effected tm/ess the other party ~s g~ven (1) written notme (dehvered by certffied marl,
return receipt requested) of urtent to terrmnate and setting forth the reasons specifying the
~o,, ~,..~Co~.~.~o~,~,~ c~ s..~,, s~ ~^ ~s ~.~,o~,~ Page 5 o f 10
nonperformance or other reason(s), and not less than thtrty (30) calendar days to cure the
failure, and (2) an opportumty for consultation with the terminating party pnor to
termination
C If the Agreement ~s terminated pnor to completion of the servmes to be provided hereunder,
CONSULTANT shall Immediately cease all services upon receipt of the written notice of
termination from OWNER, and shall render a final bill for servmes to the OWNER w~th~n
twenty (20) days after the date of tennmatien The OWNER shall pay CONSULTANT for
all services properly rendered and satisfactonly performed, and for reimbursable expenses
pnor to notice of termination being received by CONSULTANT, ~n accordance with Article
V of tlus Agreement Should the OWNER subsequently contract with a new consultant for
the continuation of services on the Project, CONSULTANT shall cooperate in providing
~nformataon to the OWNER and to the new consultant If apphcable, OWNER shall allow
CONSULTANT a reasonable tnne to transition and to turn over the Project to a new
consultant CONSULTANT shall turn over all documents prepared or fumlshed by
CONSULTANT pursuant to this Agreement to the OWNER on or before the date of
termlnatmn, but may maintain copras of such documents for ~ts files
ARTTC, T,R
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval of the work by the OWNER shall not constitute nor be deemed a release of the
respons~bthty and hablhty of the CONSULTANT, its officers, employees, agents, subcontractors,
and subconsultants for the accuracy and competency of their designs or other work performed
pursuant to fins Agreement, nor shall such approval by the OWNER be deemed as an assumption
of such responsththty by the OWNER for any defect in the design or other work prepared by the
CONSULTANT, ~ts pnnmpals, officers, employees, agents, subcontractors, and subconsultants
ARTTCT,1R, X1V
NOTICES
All notices, commumcations, and reports requared or penmtted under this Agreement shall be
personally dehvered to, or telecopled to, or marled to the respective part,es by depositing same m
the Umted States mml at the addresses shown below, postage prepaad, cemfied mall, return receipt
requested, unless other, vise specified here~n
To CONSULTANT To OWNER
ADS Envn'onmental Services, Inc City of Denton, Texas
Arm JeffPlymale Michael W Jez, City Manager
10715 Piano Road, State 200 215 East McKanney
Dallas, Texas 75238-5332 Denton, Texas 76201
Fax (214) 343-2848 Fax (940) 349-8596
All notices under this Agreement shall be effective upon their actual receipt by the party to
whom such not, ce ~s g~ven, or three (3) days alter malhng of the notice, wtuchever event shall first
OCCUr
ARTTCT ,F. XV
ENTIRE AGREEMENT
This Agreement consisting of ten (10) pages and three (3) attachments (Attachments "A,"
"B," through "C") 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, negotlatmns, discussions,
commumcatluns, understandings, and agreements winch may have been made in connection with
the subject matter ofttus Agreement
AR TTC, T ,E XVT
SEVERABILITY
If any provlsmn of tbas Agreement is found or deemed by a court of competent j unsthction to
be invalid or unenforceable, it shall be considered severable fi.om the remainder of tins Agreement,
and shall not cause the remmnder to be invalid or unenforceable In such event, the parties shall
reform this Agreement, to the extent reasonably possible, to replace such stricken prowsmn with a
valid and enforceable prowslon whmh comes as close as possible to expressing the original
intentions of the parties respecting any such stricken provision
ARTTCT,R X'VTT
COM2PLIANCE 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
ARTTCT ,E xVTII
DISCRIMINATION PROHIBITED
In performing the services reqmred hereunder, the CONSULTANT shall not dlscnmmate
agmnst any person on the basis of race, color, religion, sex, national origin or ancestry, age, or
physical handicap
ARTTCI,~, XTX
PERSONNEL
A CONSULTANT represents that it has or will secure at its own expense all personnel reqmred
to perform all the services requzred under tl~s Agreement Such personnel shall not be
employees or officers of, nor have any contractual relations with the OWNER
CONSULTANT shall lmmechately inform the OWNER in writing of any confhct of interest
or potential conflict of interest that CONSULTANT may discover, or wbach may arise dunng
the term oftlus Agreement
B All services required hereunder will be performed by CONSULTANT or under its direct
supervm~on All personnel engaged in performing the work provided for m thts Agreement,
shall be qualified, and shall be authorized and permitted under state and local laws to perform
such services
ARTICI.E YX
ASSIGNABILITY
The CONSULTANT shall not assign any interest in tins Agreement and shall not transfer
any interest m this Agreement (whether by assignment, novation or otherwise) wtthout the prior
written consent of the OWNER CONSULTANT shall promptly notify OWNER of any change of
its name as well as of any slgmficant change in its corporate structure or in its operations
ARTTCT .~ XXT
MODIFICATION
No watver or modfficataon of tins Agreement or of any covenant, condition, limitation herein
contained shall be valid unless in writing and duly executed by the party to be charged therewith
No evidence of any wmver or modification shall be offered or received in evidence in any
proceeding arising between the parties hereto out of or affecting fins Agreement, or the rights or
obligations of the parties hereunder, unless such waiver or modification is in wrttlng, duly
executed The parties further agree that the provisions of fins Article will not be wmved unless as
herein set forth
ARTTCI.F. YXIT
MISCELLANEOUS
A The following attachment is attached to, incorporated within, and is made a part of ttus
Agreement for all purposes pertment
Attachment "A" - Scope of Work
Attachment "B" - Cost Schedule
Attachment "C" - City's Responsibilities
B CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the
final payment made by OWNER under fins Agreement, have access to and the right to
examine any chrectly pertinent books, documents, papers and records of the CONSULTANT
involving transactions relating to tins Agreement CONSULTANT agrees that OWNER
shall have access during normal working hours to all necessary CONSULTANT facilities and
shall be promded adequate and appropriate working space in order to conduct examinations
or audits m compliance with fins Article OWNER shall provide CONSULTANT reasonable
advance notice of all intended examinations or audits
C Venue of any stat or cause of action under fins Agreement shall lie exclusively in Denton
County, Texas Tins Agreement shall be governed by and construed in accordance with the
laws of the State of Texas
D For purposes of fins Agreement, the parties agree that the key persons who will perform most
of the work under fins Agreement shall be Jeff Plymale, P E and Marc Cottlngame, P E
Ttus Agreement has been entered into with the understandmg that the two (2) above-stated
employees of CONSULTANT shall perform all or a slgmficant portion of the work on the
s~o~,~um~o,,~.~o~l~o.~.ks.~.~,.~,~^ ,~.~o~ Page 8 of 10
ProJect Any proposed changes regarding change of personnel, requested by
CONSULTANT, respecting one or more of the two (2) above-stated employees, shall be
subject to the approval of the OWNER, Much approval the OWNER shall not unreasonably
withhold Nothing hereto shall hmlt CONSULTANT from using other qualified and
competent members of tts firm to perform the other incidental servmes required here~n, under
Its supermslon or control
E CONSULTANT shall commence, carry on, and complete its work on the ProJect with all
apphcable dispatch, and in a sound, economical, efficient manner, and in accordance with the
provisions hereof In accomplishing the ProJect, CONSULTANT shall take such steps as are
appropriate to ensure that the work involved ~s properly coordinated with related work being
carried on by the OWNER
F The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's chsposal
all avmlable information pertinent to the ProJect, including previous reports, any other data
relative to the ProJect and arranging for the access to, and make all prov~smns for the
CONSULTANT to enter in or upon, public and private property as required for the
CONSULTANT to perform professional services under this Agreement OWNER agrees to
fulfill the responsibilities set forth ~n Attachment "C" attached hereto and incorporated
herewith by reference OWNER and CONSULTANT agree that CONSULTANT is entitled
to rely upon Information furmshed to it by OWNER without the need for further lnqmry or
investigation ~nto such mformat~on
G The captions of fins Agreement are for reformational purposes only and shall not in any way
affect the substantive terms or condat~ons of fins Agreement
IN WITNESS WHEREOF, the C~ty of Denton, Texas has executed tbas Agreement in four
(4) original counterparts, by and through its duly anthonzed City Manager, and CONSULTANT
has ex~ecute~l thas Agre,ement by and through its duly authorized officer on fins the z:~, day of
,2000 ---
''OWNER''
CITY OF DENTON, TEXAS
BY M~.lch~~/~~/
hchael W .~z, Clt~ana~er
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By
s,o.,~....~,~co..,,...~.~o~o.~.~,~.,~, ,~s~.,*o.~ Page 9 of 10
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
"CONSULTANT"
ADS ENVIRONMENTAL SERVICES, INC
Ely ~-~'~~'-
ATTACHMENT A
SCOPE OF WORK
CITY OF DENTON - HICKORY CREEK
A Mobilization and ProJect Admlmstrabon
Upon receipt of a Not/ce to Proceed, ADS w~ll schedule field personnel, moblhze the
project team and attend a formal project k~ck-off meeting w~th the CITY This meeting
wdl establish the I~nes of commumcabon and prowde input regarding h~stoncal
~nformabon as ~t relates to the current project scope Prehmmary ~nformat~on to be
obtained may ~nclude, but not be limited to, reports of prewous studies, collecbon
system maps, h~stoncal water usage, and treatment plant records Previous reports
be reviewed to provide a better understanding of h~stoncal conditions m the wastewater
collection system
Project rewew meebngs will be scheduled penodrcally dunng the course of the project
Project tasks completed to date as well as proposed schedules for future tasks wdl be
discussed General quesbons and concerns for future work tasks w~ll also be
addressed
The ADS field staff wdl have weekly meetings A total of two presentabons to C~ty staff
and the PUB or C~ty Councd w~ll be g~ven by ADS
B Above Ground Reconnaissance and Map Update
Th~s data w~ll supply background base data to be used during the collection system
analys~s F~eld crews w~ll perform above ground wsual ~nspect~ons of each manhole
and access structure ~n the study area Distances between manholes wdl be field
measured, when possible, and compared to the maps The manholes w~ll be ~nspected
w~th the use of a strong artificial I~ght or reflected sunhght The CITY w~ll provide
reasonable assistance where required
The following data to be recorded wdl Include, but not be hm~ted to
Length between manholes
Identification of each manhole
Idenbficat~on of covered or unlocated manholes
Identification of ws~ble sources of extraneous flow
Notation of unusual conditions that may require ~mmed~ate attention
Confirmabon of flow d~rect~on
Where d~screpanc~es are encountered between the field and ex,sting maps, the field
blue line maps will be updated to reflect the system geometry Any I~nes observed ~n
the field, but not shown on the map wdl be traced and presented on the CITY's map
drawings The result of the above ground ~nspect~on wdl be an updated ~nventory of
that port~on of the collection system ~nspected, documentation of observed defects and
blue I~ne map update
C Internal Manhole Inspections
Th~s data w~ll supply background base data to be used dunng the collection system
analys~s Internal ~nspect~ons of 100% of all manholes, approximately 1655, wdl be
conducted
PIPECAMTM will be utilized to prowde televised ~nspect~on of the access structures In
the event that televised ~nspect~on ~s not possible, the access structure wdl be entered
and ~nspected Should a confined space entry be necessary, ~ndustry standard OSHA,
NIOSH, OSDA and NASSCO confined space entry policies and practices wdl be
followed to ensure safe entry and egress of all access structures In the event of
conflicting requirements, OSHA standards wdl prevad V~olat~ons of these procedures
will subject ADS to a first time warmng by the CITY and possible termination of the
contract for any wolat~ons thereafter
All manhole components (I e, cover, frame, frame seal, chimney, corbel, wall, etc )
be ~nspected and recorded on standard field ~nspect~on forms P~pe d~ameter
measurements wdl be rounded to the nearest ~ndustry standard p~pe d~ameter 0 e, a
measurement of 7 75" w~ll be recorded as 8 0") The nm-to-~nvert measurements, ~n
tenths of feet, and general orientation for all connecting I~nes wdl be recorded
Photographic Images will be captured of the general surroundings of each manhole and
selected defects
The following data will be recorded on computer forms for each manhole ~nspected
Manhole ~dentlficat~on (maintenance numbers)
· Construction materials and conditions of covers, nngs, walls, aprons, etc
· Manhole depth and opemng s~ze
· Number and s~ze of holes ~n manhole cover
· Identification of~nfiltrat~on sources
· Evidence of leaks and location
,, Level of h~gh water mark in the manhole
· Type and depth of debns
· Special problems and conditions, such as ~nflow, overflows, bypasses,
manholes located ~n natural pond~ng areas, etc
· Size, type and depth of p~pe
· Evidence of root ~ntrus~on
· Cond~bon of pipe connection at manhole (~ e, dropped joints, cracks or other
obvious defects)
· Dishes (pans) ~nstalled
· Adjustable metal grade rings
V~sual ~nspect~ons w~ll be conducted on all ~ncom~ng and outgoing p~pes of the
manholes Inspected This inspection wdl also ~nclude private service laterals that enter
~nto the access structure Photographic ~mages w~ll be captured of hne segments from
~ns~de the access structure, showing cracked p~pe, offset joints greater than 1", parbally
or fully collapsed p~pe, or obstructions such as roots, debris, or grease Data wdl be
recorded on standard ADS field inspection forms
A m~mmum of 20 minutes wdl be spent ~n Iocabng manholes m order for the ~nspect~ons
to be counted for payment A hst of "could-not-locate" or hnaccess~ble" access
structures w~ll be submitted to the CITY Once the CITY has located and provided
access to these structures, ADS w~ll complete all necessary ~nspecbons at no additional
cost pnor to the complebon of field act~vrbes For structures located and access
prowded after completion of field services, a remobd~zabon charge w~ll be assessed All
new access structures located w~ll be properly ~denbfied on sewer maps and prowded to
the CITY
During all phases of th~s project traffic control procedures w~ll be used as required for
pubhc safety Traffic d~srupt~on wdl be kept to a m~n~mum
D Smoke Testing
Th~s porbon of the field mvesbgabon wdl Idenbfy those sections of the collection system
which have structural defects and experience inflow dunng per~ods of rainfall ADS
conduct smoke testing ~n the study area which consists of approximately 496,000 hnear
feet (I f )
Smoke testing w~ll be accomphshed ubhzlng the ADS Laser Smoke Testing System
Ubhzlng a Laser Rangefinder and a Right Angle Prism, ADS wdl be able to p~npo~nt
defect Iocabons D~stances between manholes from which the C~ty wdl calculate smoke
testing payment w~ll also be measured w~th the Laser Rangefmder
Tesbng wdl be accomphshed by a two-person crew using a single 4,000 cfm blower
and consecutive three-m~nute non-toxin smoke bombs Smoke testing wdl be hm~ted to
not more than four (4) hne segments or 600 linear feet, whichever ~s less, per setup
except where access d~ctates d~fferent setup procedures ADS standard field forms
be utd~zed to record all defect data For all defects, measurements w~ll be made from
the upstream manhole to the defect D~g~tal photographs wdl be captured of each I/I
defect All smoke problems wdl be quantified by g~vlng consideration to the surrounding
area contr~bubng to the problem, and the s~ze and density of smoke encountered
ADS w~ll keep the CITY Informed dunng all smoke testing procedures and wdl nobly the
residents by d~stnbut~ng door hangers between 24 and 72 hours pnor to commencing
the smoke testing acbwbes in each area Additionally, ADS w~ll nobly by fax, the local
fire department and CITY staff each day pnor to commencing the tests ADS/CITY w~ll
jointly respond to all telephone calls by building owners or occupants dunng all active
phases of smoke testing ADS/CITY w~ll lo~ntly document all follow-up meetings w~th
property owners or occupants who reported entrance of smoke rotc their property
Any m~ssmg clean-out caps w~ll be replaced during the smoke testing achvlty Clean-
out caps will be provided by the CITY pnor to Imbat~ng smoke testing acbv~bes
Locabon of m~ssmg and replaced clean-out caps w~ll be documented on the field forms
E Source Defect Analysis
Each defect Identified dunng the field testing w~ll be quanbfled by taking into
consideration the type of defect and tributary area AH defects observed and recorded
dunng the field work phase of the pro.~ect w~ll be accumulated and entered ~nto the GBA
Master Senes data management software Each defect wdl then be pnont~zed based
on ~ts repair cost and the potenhal quantity of I/I removed
All defects and physical data collected during the field ~nspect~on phase w~ll be
~nventoned, analyzed, and pr~onbzed Vanous output reports ~nclude a summary of all
field acbwt~es, pnonty ranking, cost-efficient pnonty ranking, and recommended
~mprovement methods and costs The analysis involves the follow~ng acbwhes
1 Recording the magmtude (seventy) of each defect ~denhfled
2 Developing an estimated cost to rehabilitate each defect
3 Companng the magnitude of the defect vs the cost of rehablhtat~on
A rehab~htatlon method and estimated cost of repair for each defect w~ll be ~dentlfled
Each defect w~ll receive either a potential I/I esbmate of the magnitude of the defect or ~t
will be ~denbfied as a structural defect which may not contnbute I/I but w~ll affect the
*ntegnty of the system As a result of the source defect analys~s, the following w~ll be
prowded
· Manhole pnonty ranbng
· L~ne pnonty ranking
· CCTV recommendations
F Additional Special Services
In locations where defects are located on pnvate laterals, a defect notification letter and
a map approved by the CITY w~ll be forwarded to the residents notifying them of the
defect and ~nstruct~ng them to remedy the fault These letters wdl be ma~led certified
mall / return receipt requested One copy of the letter and map wdl be sent to the CITY
and one copy retained for ADS files No letters wdl be sent w~thout CITY authorization
ATTACHMENT B
COST SCHEDULE
CITY OF DENTON - HICKORY CREEK
Description Quanbty Unit Cost Total
Moblhzatlon, Project, Administration, L S L S $7,000 00
Presentabons (Attachment B 2)
Basic Serv,ces - Field Inspection
Above Ground Recon/Map Update 496,0001 f $0 05/I f $24,800 00
Manhole Inspection 1655 each $55/each $91,025 00
Smoke Teshng 496,0001 f $0 25/I f $124,000 00
BasIc Serwces ~ Engineering
AnalysIs and Reports
Source Defect Analys~s
(Attachment B 3) 496,000 I f L S $14,800 00
Total $261,625 00
Add,t~onal Spec,al Serv,ces
Defect Notification Letter 1565/each I I
ATTACHMENT B 1
SCHEDULE FOR HOURLY RATES FOR ENGINEERING FEES*
CITY OF DENTON - HICKORY CREEK
Employee Category Hourly Rate
Supervising Professional $97 81 per hour
Sen~or Professional $82 76 per hour
Project Manager $66 21 per hour
Data Analyst/Technician $54 17 per hour
Clerical $34 61 per hour
*The md~wdual hourly rates Include salary, overhead and profit
NOTE 1 Other d~rect charges, including outside services, will be charged at
actual cost plus 10%
2 Hourly rates are based on a mulbpher of 3 13 (benefits at 38,
operating overhead at 2 75)
ATTACHMENT B.2
PROJECT ADMINISTRATION/PRESENTATIONS
COST BREAKDOWNS
CITY OF DENTON - HICKORY CREEK
I SALARY COSTS
EMPLOYEE CATEGORY HOURLY RATE TOTAL HOURS TOTAL COST
Superv~slng Professional $97 81 14 $1,369 34
Senior Professional $82 76 27 $2,234 52
Project Manager $66 21 33 $2,184 93
Technical $54 17 10 $541 70
Clerical $34 61 8 $276 88
Sub-Total $6,607 37
Note Hourly rates are based on a multiplier of 3 13 (benefits at 38, operabng
overhead at 2 75)
II. OTHER DIRECT CHARGES
CATEGORY EXPENSE MARKUP TOTAL COST
Printing, $20000 1 1 $220 00
Other Miscellaneous $156 94 1 1 $172 63
Sub-Total, $392 63
Total $7,000 00
ATTACHMENT B.3
SOURCE DEFECT ANALYSIS
COST BREAKDOWNS
CITY OF DENTON - HICKORY CREEK
SALARY COSTS
EMPLOYEE CATEGORY HOURLY RATE TOTAL HOURS TOTAL COST
Semor Professional $82 76 35 $2,896 60
Techmcal $54 17 175 $9,479 75
Clencal $34 61 44 $1,522 84
Sub-Total $13,899 19
Note Hourly rates are based on a mulflpher of 3 13 (benefits at 38, operating
overhead at 2 75)
II. OTHER DIRECT CHARGES
CATEGORY EXPENSE MARKUP TOTAL COST
Pnnt~ng $400.00 1 1 $440 00
Other Miscellaneous $418 92 I 1 $460 81
Sub-Total $900 81
Total $14,800 00
ATTACHMENT C
CITY'S RESPONSIBILITIES
CITY OF DENTON - HICKORY CREEK
The CITY wdl furmsh, as required by the work and not at the expense of ADS the
following ~tems
I All maps, drawings, reports, records, audits, annual reports, and other data that
are,avadable ~n the files of the CITY and which may be useful in the work
revolved under th~s contract
2 Access to pubhc and private property when required In performance of the
services to be rendered by ADS
3 The services of at least one cf theCITY's employees or staff (if needed) who has
the right of entry to, and who has knowledge of, the existing samtary sewer
system and force mains, wastewater pump stations, and wastewater treatment
facllibes
4 Hall, meeting room, or auditorium space for pubhc hearings and/or presentabons,
and the audio equipment and proJection equipment required for such hearings or
presentations
5 Any clean-out caps to be ~nstalled during the field ~nspecbon will be provided
prior to the commencement of the field inspection
6 Water needed for cleaning hnes prior to Internal T V ~nspechon 0f required )
7 Facdttles for dumping materials removed from the collection system dunng field
~nspectlon services 0f required )
8 Assistance ~n any removal efforts of cameras lodged m p~pes during field
inspection services (if required )
]0