2000-355 O tN CE 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
THE CLOSED CIRCUIT TELEVISION INSPECTION OF MIDDLE PECAN SEWER
BASINS PH & PJ, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council deems it in the public interest to engage the firm of ADS
Environmental Sermces, Inc, a Corporation, of Dallas, Texas ("ADS"), to provide professional
engmeenng services to the City pertmmng to the closed c~mmt television inspection of Middle
Pecan Sewer Basins PH & PJ, and
WHEREAS, the City staffhas reported to the City Council that there is a substantial need
for the above-described professional services, and that limited City staff cannot adequately
perform the services and tasks with its own personnel, and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional
Services Procurement Act", generally provides that a City may not select a provider of
professional services on the basis of competitive bids, but must select the provider on the basis of
demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price,
and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the professional services, as set forth in the Professional
Services Agreement, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the City Manager is hereby authorized to execute a Professional
Services Agreement with ADS Environmental Services, Inc, of Dallas, Texas, for professional
englneenng services pertmmng to the closed clrcmt television inspection of Middle Pecan Sewer
Basins PH & PJ, in substantially the form of the Professional Services Agreement attached
hereto and incorporated herewith by reference
SECTION 2 That the award of this Agreement by the City is on the basis of the
demonstrated competence, knowledge, and qualifications of ADS and the ablhty of ADS to
perform the professional services needed by the City for a fair and reasonable price
SECTION 3 That the expenditure 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
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
S \Our Docum~nta\Ordmances\00XADS Enwron Svcs PSA WW-CIsd C~rcmt Middle Pecan Sewer Basra doc
STATE OF TEXAS §
COUNTY OF DENTON §
PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES
PERTAINING TO THE CLOSED CIRCUIT TELEVISION INSPECTION OF
MIDDLE PECAN SEWER BASINS PH & PJ
~_.~~/L./IS AGREEMENT ~s made and entered ~nto as of the ~,~--~ day of
, 2000, by and between the C~ty of Denton, Texas, a Texas
Mumc~al Corporation, w~th ~ts principal offices at 215 East McK~nney Street, Denton, Texas
76201 (horeafter "OWNER") and ADS Enwronmental Services,/nc a Corporatmn, w~th ~ts offices
at 10715 Plano Road, State #200, Dallas, Texas 75238 (hereafter "CONSULTANT"), the parties
acting hereto by and through their duly-authorized representaUves and officers
WITNESSETH, that ~n consideration of the covenants and agreements here~n contained, the
parties hereto do mutually AGREE as follows
ARTTCT.~ 1
EMPLOYMENT OF CONSULTANT
The OWNER hereby contracts w~th CONSULTANT, as an ~ndependent contractor, and the
CONSULTANT hereby agrees to perform the services hereto ~n connection w~th the Project as
stated m the Axttcles to follow, with dthgence and in accordance w~th the professional standards
customarily obtained for such services m the ~tate of Texas The professional services set forth
here~n are, m eonnectaon w~th the following described project (the "Project")
The ProJect consists of closed c~rcu~t telews~on mspeeUon of the M~ddle Pecan Sewer B as~ns PH &
PJ The CONSULTANT agrees to exercise the same degree of care, skill and d~llgence m the
performance of these services as ~s ordinarily provided by a professional consultant under s~malar
c~rcumstanoes and the CONSULTANT shall, at no cost to OWNER, "re-perform" servaces wbach
fail to satasfy the foregoing standard of performance
ARTTCT,R IT
SCOPE OF SERVICES
The CONSULTANT shall perform the following Basic Services m a professional manner
A To perform those professional services as set forth m the "Scope of Work C~ty of Denton-
M~ddle Pecan Basins PH & PI' prepared by ENGINEER for OWNER, wbach three (3) page
document ~s attached hereto as Attachment "A," and ~s incorporated here~n by reference
B If there ~s any conflict between the terms of tlns Agreement and the Attachments attached to
thru Agreement, the terms and eoncht~ons of th~s Agreement shall control over the terms and
commons of the Attachments
ARTT~T,1R, TTT
ADDITIONAL SERVICES
Any adtht~onal services to be performed by the CONSULTANT, if authorized by the
OWNER, wlueh are not included as Bas~c Services m the above-described Scope of Servmes, set
forth as provided by Article II above, shall be later agreed-upon by OWNER and CONSULTANT,
who shal~ determme, m writing, the scope of such addmonal semees, the amount of compensation
for such adcht,onal services, and other essentml terms pertalmng to the provision of such additional
servlcas by the CONSULTANT
AI~TTC1,1R TV
PERIOD OF SERVICE
Tins Agreement shall become effective upon execution by the OWNER and the
CONSULTANT and upon the issuance of a nonce to proceed by the OWNER, and shall remmn in
force for the period winch may reasonably be reqmred for the completion of the ProJect, including
Additional Sermees, if any, and any reqmred extensions approved by the OWNER Tins
Agreement may be sooner terminated m accordance w~th the prows~ons hereof T~me ~s of the
essence m fins Agreement CONSULTANT shall make all reasonable efforts to complete the
services set forth herein as expethtlously as possible and to meet the schedule reasonably
established by the OWNER, acting through its Ass,stant City Manager of Utfimes, or has designee
ARTICT,1R V
COMPENSATION
A COMPENSATION TERMS
1 "Subcontract Expense" is defined as those expenses, ff any, incurred by
CONSULTANT ~n the employment of others m outside firms, for services in the area
of professional engmeenng, or related semces Any subcontract or subconsultant
bllhng reasonably recurred by the CONSULTANT m connection w~th the ProJect shall
be mvomed to OWNER at the actual cost
2 "Direct Non-Labor Expense" ~s defined as that expense, based upon actual cost, for any
out-of-pocket expense reasonably incurred by the CONSULTANT ~n the performance
of fins Agreement for long distance telephone charges, telecopy charges, messenger
services, pnnt~ng and reproductaon expenses, out-of-pocket expenses for purchased
computer time, prudently mcurred travel expenses related to the work on the ProJect,
and smular mcldental expenses recurred ~n connection with the ProJect
B BILLING AND PAYMENT
For and m eonsiderat~on of the professional services to be performed by the CONSULTANT
herein, the OWNER agrees to pay CONSULTANT, based upon the satisfactory completion
of the basic sermces tasks set forth m the Scope of Semces as shown ~n Article II above, as
follows
1 CONSULTANT shall perform its work on fins ProJect m accordance with the
provisions and the tasks more panmularly set forth in Attachment "A" attached hereto and
mcorporated herewith by reference CONSULTANT shall be prod for services rendered
pursuant to the Agreement on the basis set forth m the "Cost Schedule" set forth in
Attachment "B" CONSULTANT shall bill from time sheets, in unnlmum lA hour or smaller
time increments, at the hourly maes provided for m Attachment B I "Cost Schedule"
OWNER agrees to pay to CONSULTANT for its professional services performed and out-of-
pocket expenses expended, a total mount not to exceed $140,621
2 Partial payments to the CONSULTANT will be made monthly in accordance with the
statements reflecting the actual completion of the basic services, rendered to and approved by
the OWNER through its Asmstant City Manager for Utthtles or bas designee However,
under no c~rcumstances shall any monthly statement for services exceed the value of the
work performed at the tune a statement is rendered The OWNER may withhold the final ten
(10%) percent of the above not-to-exceed amount until satisfactory completion of the ProJect
by the CONSULTANT
3 Nothing contmned in flus Article shall require the OWNER to pay for any work which
~s unsatisfactory as reasonably determined by the Assistant City Manager for Utilities or his
designee, or wbach is not submitted by CONSULTANT to the OWNER in compliance with
the terms of this Agreement The OWNER shall not be required to make any payments to
the CONSULTANT at any time when the CONSULTANT is in default under this
Agreement
4 It is specifically understood and agreed that the CONSULTANT shall not be
authorized to undertake any work pursuant to this Agreement which would require additional
payments by the OWNER for any charge, expense or reimbursement above the not-to-exceed
mount as stated heremabove, vathont first having obtained the prior written anthonzat~on
from the OWNER CONSULTANT shall not proceed to perform any services to be later
provided for under Article HI "Adchtlonal Services" without first obtalmng prior written
authorization from the OWNER
C ADDITIONAL SERVICES For addltaonal services authorized in writing by the OWNER
in Article III heremabove, CONSULTANT shall be paid based on a to-be-agreed-upon
Schedule of Charges Payments for additional services shall be due and payable upon
submassion by the CONSULTANT, and shall be in accordance with Article V B
heremabove Statements for basic services and any additional servmes shall be submitted to
OWNER no more frequently than once monthly
D PAYMENT If the OWNER fmls to make payments due the CONSULTANT for
services and expenses wltlun sixty (60) days after receipt of the CONSULTANT'S
undisputed statement thereof, the amounts due the CONSULTANT will be increased by the
rate of one percent (1%) per month from and after the smd slxtleth (60th) day, and in
addition, thereafter, the CONSULTANT may, after giving ten (10) days written notice to the
OWNER, suspend services under tbas Agreement until the CONSULTANT has been paid m
full for all amounts then due and owing, and not disputed by OWNER, for services, expenses
and charges Provided, however, nothmg herein shall require the OWNER to pay the late
charge of one percent (1%) per month as set forth here~n, if the OWNER reasonably
determines that the CONSULTANT's work is unsatisfactory, in accordance with Article V
Page 3 of 10
B oftbas Agreement, and OWNER has noUfied CONSULTANT of that fact in writing
ARTICT ,F, VT
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due diligence m dascoverlng and
promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT
or any of its subcontractors or subconsultants
ARTTI~T ,~ VTT
OWNERSHIP OF DOCUMENTS
All documents prepared or furmshed by the CONSULTANT (and CONSULTANT's
subcontractors or subconsultants) pursuant to tins Agreement are msmmaents of service and shall
become the property of the OWNER upon the termination of tbas Agreement The
CONSULTANT is entttled to retmn copies of all such documents The documents prepared and
furmshed by the CONSULTANT are intended only to be applicable to this project and OWNER's
use of these documents m other projects shall be at OWNER's sole risk and expense In the event
the OWNER uses the Agreement an aiaother 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 m that project
ARTTCT ,~ VIII
INDEPENDENT CONTRACTOR
CONSULTANT shall provide serwees 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
ARTICT .F, T~:
INDEMNITY AGREEMENT
The CONSULTANT shall indemnify and save and hold harmless the OWNER and its
officials, officers, agents, attorneys and employees from and against any and all liability, clmms,
demands, damages, losses and expenses, including but not limited to court costs and reasonable
attorney fees recurred by the OWNER, and including without limitation damages for bodily and
personal injury, death, or property damage, resulting from the negligent acts or omasslons of the
CONSULTANT or its officers, shareholders, agents, attorneys and employees in the execution,
operation, or performance of flus Agreement
Nottung m tlus Agreement shall be construed to create a liability to any person who is not a
party to tins Agreement and nothing herein shall waive any of the party's defenses, both at law or
eqmty, to any cloam, cause of action or htlgatlon filed by anyone not a party to tins Agreement,
including the defense of governmental numumty, which defenses are hereby expressly reserved
ARTT~L~ ~
INSURANCE
Dunng the performance of the Servmes under thas Agreement, CONSULTANT shall
mmntmn the following insurance w~th an insurance company hcensed to do business m the State of
Texas by the State Insurance Board or any successor agency, that has a ratang w~th A M Best Rate
Careers of at least an "A-" or above
A Comprehensive General Lmblhty Insurance w~th bodily ~njury lamts of not less than
$500,000 for each occurrence and not less than $500,000 m the aggregate, and wath property
damage llmxts of not less than $100,000 for each occurrence and not less than $100,000 in the
aggregate
B Automobile Lmbd~ty Insurance w~th boddy ~njury hmlts of not less than $500,000 for each
person and not less than $500,000 for each accident and w~th property damage limits for not
less than $100,000 for each acmdent
C Worker's Compensation Insurance ~n accordance w~th statutory reqmrements and Employer's
Lmbd~ty Insurance w~th hm~ts of not less than $100,000 for each accadent
D Professional Lmbahty Insurance w~th llmats of not less than $1,000,000 annual aggregate
E CONSULTANT shall furnish insurance certfficates or ansurance pohcles at the OWNER%
request to ewdence such coverages The insurance pollcaes shall name the OWNER as an
additional insured on all such pohcles to the extent that as legally possable, and shall contmn a
provmon that such insurance shall not be cancelled or modified wathout tbarty (30) days prior
written notme to OWNER and CONSLTLTANT In such event, the CONSULTANT shall,
prior to the effective date of the change or cancellataon of coverage, dehver copaes of any
such substitute pohc~es, funushmg at least the same pohcy hmats and coverage, to OWNER
ARTICI ,I~. XI
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parttes may agree to settle any disputes under tins Agreement by submitting the dmpute
to arbitration or other means of alternate d~spute resolution such as medmt~on No arbitration or
alternate chspute resolution arising out of or relating to, thas Agreement ~nvolmng one party's
disagreement may include the other party to the &sagreement wathout the other's approval
ARTICT,F,, XIT
TERMINATION OF AGREEMENT
A Notw~thstanchng any other prowslon of thas Agreement, either party may termanate thas
Agreement by provlchng tturty- (30) days advance written nonce to the other party
B Thas Agreement may alternatwely be terminated m whole or m part an the event of e~ther
party substantmlly fmllng to fulfill ~ts obhgat~ons under thas Agreemem No such termination
wall be effected unless the other party as g~ven (1) written notace (dehvered by certified mml,
s~,~.~,~.~.~,,~.~,,,,.~*~,,,..~w,~,.,~+,~ Page 5 of 10
tatum receipt requested) of intent to terminate and setting forth the reasons speclfymg the
nonperformance or other reason(s), and not less than thirty (30) calendar days to cure the
fmlure, and (2) an opportumty for consultatxon w~th the terminating party prior to
tenmnatlon
C If the Agreement is terminated pnor to completion of the services to be prowded hereunder,
CONSULTANT shall lmmedmtely cease all sermces upon receipt of the written notice of
termination from OWNER, and shall render a final bill for servmes to the OWNER wltlun
twenty (20) days after the date of termination The OWNER shall pay CONSULTANT for
all services properly rendered and satisfactorily performed, and for reimbursable expenses
prior to notice of tenmnatlon being received by CONSULTANT, in accordance w~th Amcle
V of this Agreement Should the OWNER subsequently contract with a new consultant for
the continuation of sermces on the ProJect, CONSULTANT shall cooperate in providing
mformat~on to the OWNER and to the new consultant If apphcable, OWNER shall allow
CONSULTANT a reasonable time to transition and to turn over the ProJect to a new
consultant CONSULTANT shall tum over all documents prepared or furmshed by
CONSULTANT pursuant to flus Agreement to the OWNER on or before the date of
termination, but may maintain copies of such documents for ~ts files
ARTTCI ,F, XTIT
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval of the work by the OWNER shall not constitute nor be deemed a release of the
responslblhty 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 flus Agreement, nor shall such approval by the OWNER be deemed as an assumption
of such responsthlhty by the OWNER for any defect m the design or other work prepared by the
CONSULTANT, its pnnclpals, officers, employees, agents, subcontractors, and subconsultants
A R TICT ,F.
NOTICES
All nottces, commumcatlons, and reports reqmred or permitted under tins Agreement shall be
personally delivered to, or telecopled to, or marled to the respective parties by depositing same in
the Umted States mml at the addresses shown below, postage prepmd, certified mml, return receipt
requested, unless otherwise specified herein
To CONSULTANT To OWNER
ADS Envtronmental Serwces, Inc C~ty of Denton, Texas
Attn JeffPlymale Michael W Jez, City Manager
10715 Platio Road, State 200 215 E McIrduney
Dallas, Texas 75238-5332 Denton, Texas 76201
Fax (214) 343-2848 Fax (940) 349-8596
All notices under flus Agreement shall be effective upon their actual receipt by the party to
whom such notice is given, or three (3) days at, er malhng &the notice, whichever event shall first
OCCur
ARTTCT ,~
ENTIRE AGREEMENT
This Agreement eonsmtmg of ten (10) pages and three (3) attachments (Attachment "A"
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, negotiations, discussions,
commumcatlons, understandings, and agreements which may have been made m connection with
the subject matter of tins Agreement
AR TTCI,F. XVT
SEVERABILITY
If any provision of ttns Agreement is found or deemed by a court of competent j unschctlon to
be invalid or unenforceable, it shall be considered severable fi.om the remmnder of this Agreement,
and shall not cause the remmnder to be invalid or unenforceable In such event, the parties shall
reform tl'us Agreement, to the extent reasonably possible, to replace such stricken provision with a
valid and enforceable provision winch comes as close as possible to expressing the original
intentions of the parties respecting any such stneken provision
ARTTCT,~, XVII
COMPLIANCE WITH LAWS
The CONSULTANT shall comply v~th all federal, state, local laws, rules, regulations, and
ordinances appheable to the work performed by CONSULTANT hereunder, as they may now read
or as they may herea~er be amended
AR TTf~T.1R, XVIII
DISCRIMINATION PROHIBITED
In performmg the serv, ees reqmred hereunder, the CONSULTANT shall not discriminate
agmnst any person on the basis of race, color, religion, sex, national ongln or ancestry, age, or
physical handaeap
ARTTC. I ,E }(IX
PERSONNEL
A CONSULTANT represents that it has or will secure at its own expense all personnel required
to perform all the serwees reqmred under tins Agreement Such personnel shall not be
employees or officers of, nor have any contractual relaUons with the OWNER
CONSULTANT shall immediately reform the OWNER in wntmg of any conflict of interest
or potential eon filet of interest that CONSULTANT may discover, or which may arise dunng
the term of thas Agreement
B All services reqmred hereunder will be performed by CONSULTANT or under its d~rect
supervision All personnel engaged in performing the work provided for in tins Agreement,
shall be qualified, and shall be authorized and permitted under state and local laws to perform
such services
AR ~T~T ,~ ~
ASSIGNABILITY
The CONSULTANT shall not asmgn any interest in th~s Agreement and shall not transfer
any interest ~n ti'ns Agreement (whether by assignment, novatmn or otherwise) w~thout the pnor
written consent of the OWNER CONSLrLTANT shall promptly notify OWNER of any change of
~ts name as well as of any mgmfieant change ~n xts corporate structure or in its operations
ARTTC, T ,I~, XX[
MODIFICATION
No wmver or mo(hficanon of flus Agreement or of any covenant, conthtmn, hm~tatlon herein
contmned shall be vahd unless in wnt~ng and duly executed by the party to be charged therewith
No ewdence of any wmver or mothficatlon shall be offered or received in evidence m any
proceeding anmng between the parties hereto out of or affecting this Agreement, or the nghts or
obhganons of the part, es hereunder, unless such wmver or mothficatlon is m writing, duly
executed The part,es further agree that the provmmns of flus Article will not be wmved unless as
here~n set forth
ARTTCI,R XXT!
M~SC~LLANEOUS
A The following attachment is attached to, incorporated within, and is made a part of flus
Agreement for all purposes pertinent
Attachment "A" - Scope of Work
Attachment "B" - Cost Schedule
Attachment "C" - C~ty's Responmbdmes
B CONSULTANT agrees that OWNER shall, tmtfl the expiration of three (3) years after the
final payment made by OWNER under this Agreement, have access to and the nght to
examme any chrectly pemnent books, documents, papers and records of the CONSULTANT
lnvolwng transactmns relating to this Agreement CONSULTANT agrees that OWNER
shall have access dunng nonnal worlong hours to all necessary CONSULTANT famhtles and
shall be provided adequate and appropnate working space in order to conduct examinations
or aUflus ~n comphance w~th flus Ar~cle OWNER shall give CONSULTANT reasonable
advance not,ce of all intended exammatmns or audits
C Venue of any suit or cause of actmn under flus Agreement shall he exclusively m Denton
County, Texas This Agreement shall be governed by and construed in accordance with the
laws of the State of Texas
D For purposes of flus Agreement, the parties agree that the key persons who will perform most
of the work under flus Agreement shall be Jeff Plymale, and Marc Cottlngame, P E This
Agreement has been entered into w~th the understanding that the two (2) above-stated
employees of CONSULTANT shall perform all or a mgmficant portton of the work on the
ProJect Any proposed changes regarding change of personnel, requested by
CONSULTANT, respecting one or more of the two (2) above-stated employees, shall be
s,.o,,, ~,0~,.,~o,,,,,~,,,,0o,~,,~,~,,,~.,.,,,~,.~ ~,o~,~ ~v~,,,,,,~....~ Page 8 of 10
subject to the approval of the OWNER, wbach approval the OWNER shall not unreasonably
w~thhold Nothing here~n shall hmlt CONSULTANT from using other quahfied and
competent members of~ts firm to perform the other incidental servmes reqmred here~n, under
~ts superv~slon or control
E CONSULTANT shall commence, carry on, and complete ~ts work on the Project w~th all
appheable d~spateh, and ~n a sound, economical, efficient manner, and m accordance w~th the
prows~ons hereof In accomphsbang the Project, CONSULTANT shall take such steps as are
appropriate to ensure that the work ,nvolved ~s properly coorthnated w~th related work being
earned on by the OWNER
F The OWNER shall assist the CONSULTANT by placing at the CONSULTANTs d, sposal
all avmlable ~nformatlon pertinent to the Project, ,ncludmg prewous reports, any other data
relative to the Project and arranging for the access to, and make all prows~ons for the
CONSULTANT to enter m or upon, pubhc and private property as reqmred for the
CONSULTANT to perform professional servmes under th~s Agreement, and as provided for
~n Attachment "C" hereto OWNER and CONSULTANT agree that CONSULTANT ~s
entitled to rely upon mformat~on furmshed to ~t by OWNER w~thout the need for further
~nqulry or investigation ~nto such Information
G The captions oftlus Agreement are for mformatmnal purposes only and shall not ~n any way
affect the substanUve terms or conditions of tins Agreement
1N WITNESS WHEREOF, the C~ty of Denton, Texas has executed this Agreement in four
(4) original counterparts, by and through ~ts duly-authorized C~ty Manager, and CONSULTANT
has~x?c~ted this Agreement~,by and through ~ts duly-authorized undersigned officer on th~s the
,~(~c day of ~J/~Y~:~-E~Y ,2000
"OWNER"
CITY OF DENTON, TEXAS
Michael ~ Jez,~ l~ager
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
"CONSULTANT"
ADS ENVIRONMENTAL SERVICES, INC
By ~~~ ~ ~
ATTE~
BY~ret~ ~~
S \Our Documents\Contracts\00~ADS Enwron Svcs Inc PSA M~ddle Pecan CCTV Basins PH+PJ doc
ATTACHMENT A
SCOPE OF WORK
CITY OF DENTON - MIDDLE PECAN
BASINS PH & PJ
A MobllJzat,on and ProJect Admlmetrat,on
Upon receipt of a Nobce to Proceed, ADS w~ll schedule field personnel, mobilize the project
team and attend a formal project k~ck-off meeting with the CITY Th~s meeting w~il establish
the hnes of communicat~on and provide ~nput regarding h~stor~cal mformabon as ~t relates to
the current project scope
Project rewew meetings w~ll be scheduled regularly dunng the course of the project Project
tasks completed to date as well as proposed schedules for future tasks w~ll be discussed
General questions and concerns for future work tasks w~ll also be addressed
A total of two presentabons to C~ty staff and the PUB or C~ty Council w~ll be g~ven by ADS
B C~ty Reeponelb,lJt~es
The City w~ll be responsible for providing assistance under this scope of services as
described In Attachment C
C City Tape Review
The results of the previous field ~nspect~on act~wtles ~denbfled a total of 43,900 I~near feet of
piping that ~s recommended for Category 1 and Category 2 telewsed ~nspecbon These
Categones involve major mainline smoke defects, storm cross connections, defective and
broken p~pe that require further Investigation and Immediate attenbon Although there are
also a number of Category 3 defects, they are not recommended for further ~nvestlgatlon
under th~s scope since they more typically ~nvolve maintenance issues ADS will review the
ex~sbng C;ty telewsed ~nspect~on tapes and compare the Iocabons to those specified as
recommendations under the prewous ~nspecbon program The footage of qualified C~ty
~nspecbon tapes that coincide with the televised ;nspect~on recommendabons w~ll determine
the balance of televised ~nspect~on to be performed under this contract The Cost Schedule,
Attachment B, "Project Scope", assumes that 5,069 I f of the C~ty's ex~sbng tapes w~ll be
applied to this program Actual total footage w~ll be determined upon review of the C~ty's
tapes
D Cleamng and Telev,s~on Inspection
Color T V Inspecbon will be conducted on sewer mains specified and approved by the CITY
Sewer hnes will be cleaned to accommodate the ~nspect;on pnor to wdeo ~nspecbon Normal
line cleaning includes up to three (3) passes with the jet rodder pnor to closed c~rcult
telews~on (CCTV) In the event that the hne cleamng requires additional passes (defined as
heavy cleaning), ADS w~ll obtain approval from the CITY prior to performing the work Upon
approval from the CITY, ADS will perform the work at the rates defined by heavy cleaning
V~deotapes w~ll ~nclude a voice narrative of observations and show the footage counter of the
camera pos;t~on from the reference manhole Should the camera not be able to pass due to
an obstruction (~ e, protrud;ng services, dropped joints, etc ) then ADS will attempt to enter
ATTACHMENT A
from the opposite manhole (reverse setup) and telewse the hne up to the original obstruction
A reverse set-up charge w~ll be assessed at that brae and only the ~nspected amount of
footage w~ll be b~lled
V~deotapes of the enbre hne along w~th computer generated ~nspecbon logs w~ll be prowded
V~deotapes w~ll mclude a voice narrabve of observations and show the footage counter of the
camera pos~bon from the referenced manhole The telews~on ~nspect~on log w~ll be a
comprehensive record and w~ll clearly describe the Iocabon of each defect ~n relabon to an
adjacent manhole Any dramatic sewer defect w~ll be documented to the CITY ~mmed~ately
Other pomts of slgmficance such as locations of service hne taps, unusual conditions, roots,
storm sewer connecbons, broken p~pes, presence of corrosion, observed ~nflltrat~on/infiow,
and other d~scermble features w~ll be noted Informabon on hne s~ze, depth, type of p~pe,
etc w~ll be ~ncluded on the log Defect data ~s captured d~g~tally on-s~te The data w~ll be
logged using the WmCan Software
All wdeotapes will be converted to MPEG files and provided ~n wdeotape and CD-ROM
formats Reference tags w~ll be provided to assist w~th nawgat~on to specific hne segments
and defects
The CITY w~ll supply, at no charge to ADS, water for the cleaning act~wbes, water meter (~f
necessary) and d~sposal of all debns removed from the system Payment w~ll be made on
the actual footage captured on wdeotape and for the actual footage of sewer p~pe cleaned
E Dye Water Flooding (Malnhne)
Dye flooding w~ll be performed ~n order that positive defect ~dent~ficabon and quant~ficabon
can be made Malnhne dye floods w~ll be performed on hnes ~dent~fied as hawng a ma~nhne
defect The CITY w~ll approve the Iocabons for dye water flooding Ma~nhne
cracks/collapses, as well as other potenbal sources, w~ll be flooded concurrently w~th the
~nternal television ~nspect~on
Dye floodmg w~ll be performed concurrently w~th the ~nternal telews~on mspectlon ~n order
that positive defect ~dent~ficabon and quantification can be made Storm sewer dye flooding
w~ll be performed at Iocabons on hnes ~dent~fied as hawng a possible cross connection The
CITY w~ll approve the Iocabons for the dye water floodmg
F Update Source Defect Analyems
A Source Defect Analysis has been dehvered to the C)ty which summarizes defects obtained
from above ground reconnaissance, smoke testing, and manhole ~nspectlon achvltles This
analysis provided a pr)orlty ranking of defects in addlt)on to recommendations for Televised
Inspections to further define the magnitude and optimum method of rehabihtatlon for
significant defects The findings from the Televised Inspection and Dyed Water Flood)ng
act)vibes under this scope w~ll supplement the Source Defect Analysis to develop a
comprehensive prioritized rehabmhtat)on plan for all defects
All defects and physical data collected w)ll be Inventoried, analyzed, and prlont)zed Various
output reports )nclude a summary of all field actmv)tles, priority ranking, cost-efficient priority
ranking, and recommended Improvement methods and costs The analys~s involves the
following activities
1 Recording the magnitude (seventy) of each defect ~dent~fied
2
2 Developing an estimated cost to rehab~htate each defect
3 Companng the magnitude of the defect vs the cost of rehab~htat~on
A rehabilitation method and estimated cost of repair for each defect w~ll be ~denbfied Each
defect w~ll receive either a potential I/I estimate of the magnitude of the defect or ~t will be
~denbfied as a structural defect which may not contribute I/I but w~ll affect the ~ntegnty of the
system The final report w~ll pnontlze the I/I related defects and structural defects ~n order to
develop an effective rehab~htatlon plan
G Engmeenng Analysis/Final Report
Following the complebon of all field and engineering act~v~bes, three (3) cop~es of a draft
report w~ll be presented Th~s report w~ll present a summary of all field and office acbwbes,
results of analyses, and recommendations A pnor~ty ranking of each defect will be
presented along with the recommended method of rehab~htabon and esbmated rehablhtat~on
cost All supporting field data from the Televised Inspecbon and Dyed Water Flooding
acbwtles w~ll be presented Rehabilitation summary sheets descnb~ng, by pnonty, the
Iocabon and descnptlon of each category of rehablhtatlon work will be referenced back to the
field documentation
Wntten comments w~ll be ~ncorporated ~n the F~nal Report and ten (10) cop~es delivered
Three (3) copies of the supporting appendices w~ll also be dehvered
Final report dehverables w~ll ~nclude
· Updated collection system inventory
· Cost-efficient defect priority ranking
· Pnont~zedmfiltratlon/inflow reduction plan and estimated cost
· Project database
· Supporting field documentabon
· Recommendations and conclusions
· Televised Inspections in wdeotape and CD ROM formats
H Additional Special Services
Inlocations where defects are located on pnvate laterals, a defect notlflcabon letter and a
map approved by the CITY w~ll be forwarded to the residents notifying them of the defect
and ~nstructmg them to remedy the fault These letters w~ll be ma~led certified ma~l / return
receipt requested One copy of the letter and map w~ll be sent to the CITY and one copy
retained for ADS files No letters will be sent w~thout CITY authorlzahon
Schedule of Rates
Upon negotiation of a mutually satisfactory scope, the City may authorize add~bonal services
for professional and admm~strabve support using the rate structures as defined ~n
Attachments B1
ATTACHMENTB
COSTSCHEDULE
CITY OFDENTON-MIDDLEPECAN
BASINS PH & PJ
Projected Scope
(Quantlbes reflect 5,0691 f of the Crty tapes being used)
Desci-~p[ion Quanbty Unit Cost Total
Mobd~zabon, Management L S $4,150 $4,150
Standard Cleaning
6"-15" 40,287 I f $140/If $56,402
18"-24" 1,1131f $165/If $1,836
Heavy Cleaning
6"-15" 2,500 I f $255/If $6,375
Reverse Setups 20 $150 $3,000
Dye Water Flooding 40 $225 $9,000
Televised Inspection (6"-24") [Including
C~ty tapes]
w/P~cture Capture 48,969 I f $0 95 / I f $45,520
CD Conversion 48,969 I f $ 06 / I f $2,938
Engineering Analysis and Reports
Update Source Defect Analysts L S $6,400 $6,400
Final Report and Recommendations L S $5,000 $5,000
Total $140,621
ATTACHMENT B
ATTACHMENT B.1
SCHEDULE OF HOURLY RATES FOR ADDITIONAL
ENGINEERING AND ADMINISTRATIVE FEES
CITY OF DENTON - MIDDLE PECAN
BASINS PH & PJ
Employee Category Hourly Rate
Supervising Professional $97 81 per hour
Semor Professional $82 76 per hour
Project Manager $66 21 per hour
Data AnalysFTechmc~an $54 17 per hour
Clencal $34 61 per hour
Defect Notlficat,on Letter I $65/each
NOTE I The ~nd~wdual hourly rates ~nclude salary, overhead and profit
2 Other direct charges, Including outside services, w~ll be charged at
actual cost plus 10%
2
ATTACHMENT C
CITY'S RESPONSIBILITIES
CITY OF DENTON - MIDDLE PECAN
BASINS PH & PJ
The CITY w~ll furnish, as required by the work and not at the expense of ADS the following
Items
1 All maps, drawings, reports, records, audits, annual reports, and other data that are
available In the files of the CITY and which may be useful m the work ~nvolved under
th~s contract
2 Access to public and private property when required ~n performance of the services to
be rendered by ADS
3 The services of at least one of the CITY's employees or staff (~f needed) who has the
right of entry to, and who has knowledge of, the ex~stmg sanitary sewer system and
force mains, wastewater pump stations, and wastewater treatment fac~ht~es
4 Hall, meeting room, or aud~tonum space for pubhc heanngs and/or presentabons, and
the audio equipment and project~on equipment required for such hearings or
presentabons
5 Water and meter needed for cleaning I~nes prior to ~nternal TV ~nspecbon (~f
required )
6 Fac~l~bes for dumping materials removed from the collecbon system during field
inspection services (If required )
7 Assistance ~n any removal efforts of cameras lodged ~n p~pes during field ~nspecbon
services (~f required )
8 Access to the City's managing representabve for ~mmed~ate approval of heavy
cleaning act~whes