1999-130 ORDINANCE NO q ¢-/3f~)
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH ARS
ENGINEERS, INC, DALLAS, TEXAS, FOR ENGINEERING DESIGN, EASEMENT
SURVEY, AND EASEMENT DOCUMENT PREPARATION SERVICES INCIDENT TO
THE LOCATION OF WATER AND WASTEWATER UTILITIES ALONG U S HIGHWAY
77, FROM INTERSTATE HIGHWAY 35 TO U S HIGHWAY 380, IN DENTON, DENTON
COUNTY, TEXAS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council deems it in the public interest to engage ARS Engineers,
Inc, a Corporation ("ARS"), to provide professional services to the City in the areas of
englneenng design, easement survey, and easement document preparation incident to the
location of water and wastewater utilities along U S Highway 77, from Interstate Highway 35 to
U S Highway 380, m Denton, Denton County, Texas, and
WHEREAS, the City staff has reported to the City Council that there is a substantial need
for the above-dascnbed 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 Govemment 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 competltave bids, but must select the provider on the basis of
demonstrated competence, knowledge, and quahficatlons, and for a fmr 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 I That the City Manager is hereby authorized to execute a Professional
Services Agreement with ARS Engineers, Inc, Dallas, Texas, a Corporation, for professional
services in the areas of engineering design, easement survey, and easement document
preparation, lnmdent to the location of water and wastewater utlhtles along U S Highway 77,
from Interstate Highway 35 to U S Highway 380, in Denton, Denton County, Texas, in
substantially the form of the Professional Services Agreement attached hereto and incorporated
herewith by reference
SECTION II That the award of this Agreement by the City is on the basis of the
demonstrated competence, knowledge, and qualifications of ARS and the ability of ARS to
perform the professional services needed by the City for a fair and reasonable price
SECTION III That the expenditure of funds as provided In the attached Professional
Services Agreement is hereby authorized
SECTION IV That this ordinance shall become effective immediately upon its passage
and approval
APPROVED this the 3 ''~ day of ~_/sr')~? ,1999
P
ASSED
AND
JAC~t~LLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
S \Our Documents\Ordinancos\99~kRS Engr PSA Hwy 77 W WW doc
STATE OF TEXAS §
COUNTY OF DENTON §
PROFESSIONAL SERVICES AGREEMENT
FOR ENGINEERING DESIGN, EASEMENT SURVEY, AND EASEMENT DOCUMENT
PREPARATION SERVICES INCIDENT TO THE LOCATION OF WATER AND
WASTEWATERUTILITIES ALONG U S HIGHWAY 77, FROM INTERSTATE HIGHWAY
35 TO U S HIGHWAY 380, IN DENTON, DENTON COUNTY, TEXAS
Corporattaon, w~th ~ts pnnc~pal offices at 215 E McKanney Street, Denton, Texas 7620 t (hereinafter
"OWNER") and ARS Engineers, Inca Corporation, wtth tts offices at 4245 North Central
Expressway, State 500, Dallas, Texas 75205 (heremafter "CONSULTANT"), the part,es acting
here~n, by and through thexr duly-anthonzedrepresentat~ves and officers
WITNESSETH, that ~n cons~deration of the covenants and agreements hereto contained, the
part,es hereto do mutually AGREE as follows
ARTICLE I
EMPLOYMENT OF CONSULTANT
The OWNER hereby contracts vath CONSULTANT, as an xndependent contractor, and the
CONSULTANT hereby agrees to perform the servmes herein ~n connection wath the Project as
stated m the Amcles to follow, w~th diligence and m accordance w~th the h~ghest professtonal
standards customarily obtained for such services in the State of Texas The professional services
set forth,herein are m connection wtth the following described project
Engmeenng Design, Easement Survey, and Easement Document Preparatxon services incident to
the relocatton of water and wastewater utxlmes along U S Hxghway 77, from Interstate Highway 35
to U S Highway 380, m Denton, Denton County, Texas (the "ProJect")
ARTICLE II
SCOPE OF SERVICES
The CONSULTANT shall perform the following services ~n a professional manner
A To perform all those services and tasks as set forth ~n CONSULTANT'S "Fee Proposal"
(ARS Proposal No 160-98-082), wbach is contmned m that certmn letter dated March 3,
1999 from Ayub R Sandhu, P E, RPLS, President of CONSULTANT to P S Arora, P E,
Engmeenng Adm~mstrator, Denton Mumcipal Utdmes, which letter, together wath seven (7)
pages of attachmems, is attached hereto and incorporated herewith by reference as
Attachment "A"
B To perform all those professional services and tasks as set forth ~n Article II A here~nabove
substantaally m accordance vath the "Timeline" wtuch ~s attached hereto and incorporated
herevath by reference as Attachment "B"
C Additional tasks requested by the OWNER requmng the services described in the Scope of
Services will be negotiated as Supplemental Agreements to this Professional Services
Agreement
D If there is any conflict between the terms of this Agreement and the Attachments attached to
this Agreement, the terms and conditions of this Agreement shall control over the terms and
conditions of the Attachments
ARTICLE III
ADDITIONAL SERVICES
Addmonal services to be performed by the CONSULTANT, if authorized by the OWNER,
wluch are not included m the above-described Scope of Services, set forth in Articles II A and B
above, are as follows
A Dunng the course of the Project, as requested by OWNER, CONSULTANT will be available
to accompany OWNER's personnel when meeting w~th the Texas Natural Resource
Conservation Commission, U S Environmental Protection Agency, or other regulatory
agencies The CONSULTANT wll assist OWNER's personnel on an as-needed basis in
prepanng compliance schedules, progress reports, and providing general techmcal support for
the OWNER's compliance efforts
B Asmstmg OWNER or contractor m the defense or prosecution of litigation xn connection w~th
or in addlUon to those services contemplated by tlus Agreement Such services, if any, shall
be furmshed by CONSULTANT on a fee basis negotiated by the respective parties outside of
and in addmon to tlus Agreement
C Sampling, testing, or analysis beyond that specifically included in the Scope of Services set
forth herelnabove
D Preparing applications and supporting documents for government grants, loans, or planning
advances, and providing data for detmled applications
E Appeanng before regulatory agencies or courts as an expert witness in any htigat~on w~th
tlurd part,as or condemnation proceedings arising from the development or construction of
the Project, including the preparation of engmeenng data and reports for assistance to the
OWNER
F Provichng geotechmcalinvestlgaUons for the site, including sod bonngs, related analyses, and
recommendations
G Lift Station analysis and design
Court appearance(s) by the Engineer(s) for easement and right-of-way acqmsit~on
I Negotiations for easement acqmsltaon
J Malong addmonal presentataonsnot otherwise provided for ~n the Scope of Services set forth
in Article II herelnabove
ARTICLE IV
PERIOD OF SERVICE
This A~reement shall become effective upon execution by the OWNER and the
CONSULTANT and upon the issuance of a notice to proceed by the OWNER, and shall remain m
force for the period which may reasonably be required for the completion of the Project, including
Additional Services, if any, and any reqmred extensions approved by the OWNER This
A~reement may be sooner terminated m accordance wath the provisions hereof Time is of the
essence m tins Agreement The CONSULTANT shall make all reasonable efforts to complete the
services set forth herem as expeditiously as possible as indicated in Attachment "B"
ARTICLE V
COMPENSATION
A COMPENSATION TERMS
1 "Subcontract Expense" is defined as expenses incurred by CONSULTANT in the
employment of others In outside firms, for services In the nature of professional
engineering, surveymg, or related services Any subcontract or subeonsultant billing
reasonably incurred by the CONSULTANT in connection wath the Project shall be
invoiced to OWNER at the actual cost plus ten (10%) percent In conslderatwnof such
expense being billed to OWNER at ten (10%) percent above its actual cost,
CONSULTANT agrees that it wall not bill OWNER for any time expended by
CONSULTANT in rewewang the fee bills of any subcontractor or subeonsultant on the
ProJect, except project manager tune
2 "Direct Non-Labor Expense" is defined as that expense, based upon actual cost, for any
assignment or expense reasonably incurred by the CONSULTANT in the performance
of tlus Agreement for supplies, transportation and equipment, travel, commumcataons,
subsistence, and lodging away from home, and similar incidental expenses in
connection wath that assignment, expressly including, wathout limitation, telephone
charges, telecopy charges, pnntmg and reproduction costs, and other incidental
expenses incurred in connection wath the Project Provided however, any
subeonsultant billings reasonably incurred by CONSULTANT in connection wath the
Project shall be Invoiced to OWNER at cost plus ten (10%) percent
B BILLING AND PAYMENT
For and in conslderat~onof the professional services to be performed by the CONSULTANT
hereto, the OWNER agrees to pay CONSULTANT based upon the cost estimate detml at the
hourly rates shown in Attachment "A" wluch is attached hereto and made a part of this
Agreement, a total fee, mcludmg reimbursement for Subcontract Expense and Direct Non-
Labor Expense, not to exceed $ 257,200 00, which is comprised of the followang elements
(1) A fee not to exceed $133,450 00 for basic design engineering and Project surveying, and
(2) A fee of $ 990 00 for easement survey services per parcel of real property and easement
document preparation for up to one hundred and twenty five (125) such parcels, for a further
sura not to exceed $123,750 00
ParUal payments to the CONSULTANT wall be made on the basis of detailed monthly
statements rendered to and approved by the OWNER through its Assistant City Manager for
Utflmes or bas designees, however, under no circumstances shall any monthly statement for
sermces exceed the value of the work performed at the time a statement is rendered The
OWNER may withhold the final five (5%) percent of the contract mount until satisfactory
completion of the Project
Notbang contmned in tbas Article shall reqmre the OWNER to pay for any work wbach ~s
unsatJsfactory as reasonably determined by the Assistant City Manager for Utditles or bas
designee, or wbach is not subrmtted to the OWNER in compliance with the terms of this
Agreement The OWNER shall not be reqmred to make any payments to the
CONSULTANT when the CONSULTANT is in default under tbas Agreement
It is specifically understood and agreed that the CONSULTANT shall not be authonzed to
undertake any work pursuant to tbas Agreement wbach would require additional payments by
the OWNER for any charge, expense or reimbursement above the maximum not to exceed
fee as stated heremabove, w~thont first having obtmned written authorization from the
OWNER CONSULTANT shall not proceed to perform the services listed in Article III
"Adchtaonal Services" without obtmmng prior written authorization from OWNER
C ADDITIONAL SERVICES For additional services anthonzed in writing by the OWNER
m Article III haremabove, CONSULTANT shall be prod based on the Schedule of Charges at the
hourly rates set forth m Attachment "A" Payments for addmonal services shall be due and payable
upon submission by the CONSULTANT, and shall be in accordance w~th Article V B
heremabove Statements shall not be submitted to OWNER more frequently than monthly
D PAYMENT
If the OWNER finis to make payments due the CONSULTANT for services and expenses
w~tban 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 the said sixtieth (60th) day, and in addition, the CONSULTANT may, after giving ten
(10) days' written notice to the OWNER, suspend services under this Agreement until the
CONSULTANT has been prod m full for all amounts then due and owing, and not disputed
by OWNER for services, expenses and charges Provided, however, notbang herein shall
reqmre the OWNER to pay the late charge of one pement (1%) per month as set forth herein,
if the OWNER reasonably detemunes that the work is unsatisfactory, in accordance w~th
Artmle V oftbas Agreement
ARTICLE VI
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due diligence in discovenng and
promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT
or any of its subcontractorsor subconsultants
ARTICLE VII
OWNERSHIP OF DOCUMENTS
All documents prepared or furmshed by the CONSULTANT (and CONSULTANT's
subcontractors or subconsuttants) pursuant to this Agreement are instruments of service and shall
become the property of the OWNER upon the termination of this Agreement The
CONSULTANT is entitled to retmn copies of all such documents The documents prepared and
furnished by the CONSULTANT are intended only to be applicable to this project and OWNER's
use of these documents in other projects shall be at OWNER's sole risk and expense In the event
the OWNER uses the Agreement in another project or for other purposes than specified herein any
of the m_formation or materials developed pursuant to tlus agreement, CONSULTANT is released
from any and all liability relating to their use m that project
ARTICLE VIII
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services to OWNER as an independent contractor, not as an
employee of the OWNER CONSULTANT shall not have or clmm any right arising from
employee status
ARTICLE IX
INDEMNITY AGREEMENT
The CONSULTANT shall mdemmfy and save and hold harmless the OWNER and its
officials, officers, agents, attorneys and employees from and agmnst any and all liability, clmms,
demands, damages, losses and expenses, including but not hrmted to court costs and reasonable
attorney fees incurred by the OWNER, and including without lumtatmn damages for bodily and
personal injury, death end property damage, resulting from the negligent acts or omissions of the
CONSULTANT or its officers, shareholders, agents, attorneys and employees in the execution,
operation, or performance of tlus Agreement
Nottung in this Agreement shall be construed to create a liability to any person who is not a
party to ttus Agreement and notlung herein shall waive any of the party's defenses, both at law or
eqmty, to any claim, cause of actmn or lmgatton filed by anyone not a party to this Agreement,
including the defense of governmental lmmumty, wtuch defenses are hereby expressly reserved
ARTICLE X
INSURANCE
Dunng the performance of the Serrates under this Agreement, CONSULTANT shall
maintain the following insurance w~th an insurance company licensed to do business in the State of
Texas by the State Insurance Commission or any successor agency, that has a mtmg with A M
Best Rate Canners of at least an "A-" or above
A Comprehensive General Liability Insurance w~th bochly injury limits of not less than
$500,000 for each occurrence and not less than $500,000 in the aggregate, and vath property
damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the
aggregate
B Automobile Ltabflaty Insurance with bodily mjury hmlts of not less than $500,000 for each
per,on and not less than $500,000 for each accadent and with property damage hmats for not
less than $100,000 for each aca]dent
C Worker's Compensataon Insurance m accordance wtth statutory reqmrements and Employer's
Ltabfltty Insurance with lnmts of not less than $100,000 for each acctdent
D Professmnal Liability Insurance with hmlts of not less than $1,000,000 annual aggregate
E CONSULTANT shall furmsh insurance cemficates or tnsumnce pohctes at the OWNER's
request to exadence such coverages The tnsurance pohetes shall name the OWNER as an
addattonal insured on all such pohmes to the extent legally posstble, and shall contam a
provlston that such insurance shall not be cancelled or modtfied without thtrty (30) days prior
wnttan notate to OWNER and CONSULTANT In such event, the CONSULTANT shall,
prior to the effectave date of the change or cancellataon of coverage, dehver coptes of any
such substatute pohmes furmslung at least the same pohcy hmats and coverage to OWNER
ARTICLE XI
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parttes may agree to settle any dasputes under thts Agreement by submitting the dispute
to arbltrataon or other means of alternate &spute resolutaon such as med~atton No arbltrataon or
alternate daspute resolutaon arising out of or relatang to, th~s Agreement involving one party's
dasagreement may include the other party to the dtsagreement without the other's approval
ARTICLE XII
TERMINATION OF AGREEMENT
A Notwithstanding any other prowsaon of th~s Agreement, e~ther party may termtnate flus
Agreement by provadmg fifteen- (15) days advance written notace to the other party
B Ttus Agreement may be terminated ~n whole or in part in the event of e~ther party
substantaally fa]hng to fulfill ats obhgat~ons under thts Agreement No such tenmnataon will
be effected unless the other party ts g~ven (1) written notace (dehvered by certffied ma]l,
return receapt requested) of intent to tenmnate and semng forth the reasons speclfymg the
nonperformance or other reason(s), and not less than (30) calendar days to cure the fa]lure,
and (2) an opportumty for consultataon with the terminating party prior to termmataon
C If the Agreement as termmated prior to completaon of the services to be provaded hereunder,
CONSULTANT shall ammedaately cease all serrates and shall render a final bill for servmes
to the OWNER witl'nn tlurty (30) days after the date of termanataon The OWNER shall pay
CONSULTANT for all semees properly rendered and satasfactonly performed, and for
reimbursable expenses prior to notace of termanatlon bemg recetved by CONSULTANT, an
accordance with Artmle V of flus Agreement Should the OWNER subsequently contract
with a new consultant for the cont~nuataon of servaces on the Project, CONSULTANT shall
cooperate m promdmg mformataon to the OWNER and the new consultant If apphcable,
OWNER shall allow CONSULTANT reasonable tame to transttaon and to turn over the
Project over to a new Consultant CONSULTANT shall turn 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 coples of such documents for its files ~
agrees that it shall also fully comply with any and all written r~ed from the
OWNER, through ~ts Director ~nfidentiality respecting
certain demos related tothe ProJect,
~whlch th~ ~ ....... 5~n~ably~ dete, ~r/n. ,mes_l__s~_o_m_p_c~t_ltl_ve!y_ .s~c_n_Sl_tl_v__c~,_an_d~? l~t_k,c. 1~ cause
ARTICLE XIII
RESPONSIBILITYFOR CLAIMS AND LIABILITIES
Approval of the work by the OWNER shall not constitute nor be deemed a release of the
responsibthty and liability of the CONSULTANT, its officers, employees, agents, subcontractors,
and subconsultants for thc accuracy and competency of their designs or other work performed
pursuant to this Agreement, nor shall such approval by the OWNER be deemed as an assumption
of such responsibility by the OWNER for any defect In the design or other work prepared by the
CONSULTANT, its officers, employees, agents, subcontractors,and subconsultants
ARTICLE XIV
NOTICES
All,notices, commumcatlons, and reports required or permitted under this Agreement shall be
personally delivered or mmlcd to the respective parties by depositing same in the Umted States marl
at thc addresses shown below, by means of U S Marl, postage prepaid, certified mall, return
receipt requested, unless otherwise specified hereto
To CONSULTANT To OWNER
ARS Engineers, Inc City of Denton, Texas
lhchard T Cmce, P E Howard Mamn, ACM/Utihties
4245 N Central Exp, #500 215 East McKmney
Dallas, Texas 75205 Danton, Tcxas 76201
All notices under this Agreement shall be effective upon their actual receipt by the party to
whom such notice is given, or three (3) days after malhng notice, whmhever event shall first occur
ARTICLE XV
ENTIRE AGREEMENT
Tlus Agreement consisting of ten (10) pages and two (2) Attachments constitutes the
complete and f'mai expression of thc Agreement of the parties and is intended as a complete and
exclusive statement of the terms of their agreements, and supersedes all pnor contemporaneous
offers, pl~omlses, representations, negotiations, discussions, communications understandings, and
agreements wluch may have been made m connection with the subject matter of this Agreement
ARTICLE XVI
SEVERABILITY
If any provision of this Agreement is found or deemed by a court of competent junsdictlon to
be invalid or unenforceable, it shall be considered severable from the remamder of this Agreement,
and shall not cause the remmnder to be mvahd or unenforceable In such event, the pames shall
reform flus Agreement, to the extent reasonably possible, to replace such stricken provision with a
valid and enforceable provision which comes as close as possible to expressing the original
intentions of the parties respecting any such stricken provision
ARTICLE XV~I
COMPLIANCE WITH LAWS
The CONSULTANT shall comply with all federal, state, local laws, roles, regulations, and
ordinances applicable to the work performed by CONSULTANT hereunder, as they may now read
or as they may hereafter be amended
ARTICLE XVIII
DISCRIMINATION PROHIBITED
In performing the services reqmred hereunder, the CONSULTANT shall not dlscnmmate
agmnst any person on the basis of race, color, rehglon, sex, national origin or ancestry, age, or
physical handicap
ARTICLE XIX
PERSONNEL
A CONSULTANT represents that it has or will secure at its own expense all personnel required
to perform all the services reqmred under tins Agreement Such personnel shall not be
employees or officers of, nor have any contractual relations with the OWNER
CONSULTANT shall inform the OWNER of any conflict of interest or potential conflict of
interest that may arise dunng the term oftlus Agreement
B All services reqmred hereunder will be performed by the CONSULTANT or under its direct
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 senaces
ARTICLE XX
ASSIGNABILITY
The CONSULTANT shall not assign any interest in this Agreement and shall not transfer
any interest in flus Agreement (whether by assignment, novation or otherwise) without the prior
written consent of the OWNER CONSULTANT shall notify OWNER of any change of its name
and any significant change in its corporate structure or operations
ARTICLE XXI
MODIFICATION
No wmver or modtfication of tbas Agreement or of any covenant, condttion, hmttation heretn
contmned shall be vahd unless m writing and duly executed by the party to be charged therewith
No evidence of any wmver or modification shall be offered or recetved in evtdence tn any
proceedtng arising between the parties hereto out of or affecting flus Agreement, or the rights or
obhgations of the pames hereunder, unless such wmver or mothfication is in writing, duly
executed The parttes further agree that the provtslons of flus Article will not be waived unless as
herein set forth
ARTICLE XXII
MISCELLANEOUS
A The following Attachments are attached to and made a part of flus Agreement
1 Attachment "A" --- Fee Proposal (ARS Proposal No 160-98-082)
Dated March 3, 1999 (9 pages)
2 Attachment"B" --- ProJect Ttmehne (2 pages)
B CONSULTANT agrees that OWNER shall, until the exptranon of three (3) years after the
final payment made by OWNER under flus Agreement, have access to and the right to
examme any darectly pertinent books, documents, papers and records of the CONSULTANT
mvolvmg transactions relating to flus Agreement CONSULTANT agrees that OWNER
shall have access dunng normal working hours to all necessary CONSULTANT facflaies
and shall be provided adequate and appropriate worlong space m order to conduct
exammations or audits m comphance w~th flus Article OWNER shall give CONSULTANT
reasonable advance notice of all tntanded examinations or audtts
C Venue of any stat or cause of action under this Agreement shall he exclustvely tn Denton
County, Texas Tlus Agreement shall be governed by and construed in accordance w~th the
laws of the State of Texas
D For the purpose of thts Agreement, the parties agree that Ayub R Sandhu, P E, RPLS shall
serve as pnnctpal-m-chargeof the Project, and Rachard T Gnce, P E, RPLS, shall serve as
ProJect Manager Thts Agreement has been entered into w~th the understanding that Massrs
Sandhu and Gnce shall serve as the key persons on the Project However, nothing herein
shall hmlt CONSULTANT from umng other qualified and competent members of their firm
to perform the servmes reqmred herem under thetr supervtston or control
E CONSULTANT shall commence, carry on, and complete its work on the ProJect wth all
applicable dispatch, and tn a sound, econormcal, effictent manner, and in accordance vc~th the
provtsxonshereof In accomphslungthe ProJect, CONSULTANT shall take such steps as are
appropriate to ensure that the work tnvolved ts properly coordinated youth related work betng
carned on by the OWNER
F The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's dtsposal
all avmlable tnformation pertinent to the Project, mcluchng prevtous reports, any other data
relative to the Project and arrangmg for the access to, and make all provisions for the
CONSULTANT to enter tn or upon, public and private property as required for the
CONSULTANT to perform professional services under this Agreement
G The capUons of this Agreement are for informational purposes only and shall not in any way
affect the substanttve terms or condlUons of thts Agreement
IN WITNESS WHEREOF, the City of Denton, Texas has executed tins Agreement m four
(4) original counterparts, by and through its duly-authorized Caty Manager, and CONSULTANT
ha~ e~eeuted thts Agreem~t by. ~d~ough its duly-authorized understgned officer, on this the
{ftc-- day of ~ ,1999
"CITY"
CITY OF DENTON, TEXAS
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERTL PROUTY, CITY ATTORNEY
"CONSULTANT"
ARS ENGINEERS INC, a Corporation
A~/ub R Sandhu, P E, RPLS
President
ATTEST ,
By~
Cntl Engineer lng · Planning · Sur~ eying
March 3, 1999
Mr P S Arora, P E, Via Lone Star Overnight
Engineering Administrator Airbill No 10846036
Denton Municipal Utilities
901-A Texas Street
Denton, Texas 76201
Re Fee Proposal for Engineering and Surveying Services to Relocate Water and
Wastewater Utilities along US 77 from IH 35 to US 380 in Denton, Texas
ARS PIoposal No 160-98-082
Dear Mr Arora
ARS Engzneers, Inc Is pleased to have the opportumty to present this Fee Proposal for relocating City of
Denton water and wastewater mains along US 77 We have based our proposal on the Scope of Services and
hne types and lengths included m the attached letter to you from Rust Enwronmental & Infrastructure Inc
dated August 18, 1998, excluding the new 16" water line per your directions Services reqmred for other line
segments will be negotiated at the time that the City of Denton desires to have them designed
ARS proposes to provide the requested engineering and surveying services for design and construction
support for a Lump Sum Fee in the amount of $133,450 00 as indicated on the enclosed man-hour estimate
The required easement work is proposed as a cost of $990 00 per parcel For estabhshing a project budget,
125 parcels are estimated for a budget of $123,750 00 resulting m a total proposed fee of $257,200 00 as
follows
Engineering Water & Wastewater Relocations $102,205 00
Surveying Water & Wastewater Relocations $ 31,245 00
Total Proposed Design & Construction Support $133,450 00
Easement Parcels (Est 125 @ $990 00) $123,750 00
Estimated Total ProJect Budget $257,200 00
\\Proposal\19oS\16098082\DenWater Rev 1 022699
Consulting Engineers
4245 N Central Expressway ° Suite 500 · Dallas, Texas 75205 4563 · Phone (214) 522-8668 · Fax (214) 521 9214
e mall ma~l@arsengrscom website wwwarsensrscom
March 3, 1999
Mr P S Arora, P E
Denton Mumc~pal Utfl~tms
Page 2
If you have any questions or need additional information, please call Mr Dick Grme @ 214-522-8668
Sincerely,
a ,P E, RPLS
President
Enclosure
ARS/ab
cc Mr Jack Lyle
Mr Dmk Grme
Rust Environment & Infrastructure Inc.
""- -%u~ust 18, 1995
Mr P S Arora, P E
Fng~neenng Admtrustrator
Denton Mtmtcipal Uuht]es
901-A Texas Street
Denton, Texas 76201
Re Proposal for Engmeenng aha Sm'ex lng to Relocate V. ater and ¥, aste'.;ater Utthues along
t-hgh,xav 77 from I-.;5 to U S Hw'. 380 in Denton lexas
D~.ar Mr Alola
Rust E & 1 apprecmtes tlus oppormmty to pro,.tde the Cny of Demon xmih ? priced proposal for the
referenced p,oject The proposed uuhp, reloca,]ons~ ac surmmartzed by the
-tmched prehmmar} construction cost esnmate xth~ch tota}s 52 311 309 In constmclton cost The
project currcntl', antm~pates placing the proposed unhrles clear of the ultimate U S lq_'*", 77
pax cment, vqthm future RO\V ,.,here possible and in adjacent e~ements ,.,,here necessa.D.
Basea on our cu'-renr under~t~dmg of thc project as defined m the abo; e referenced prehmmao.'
construcUon cost estimate and the attached task/fee outline Rust E & I proposes to perform the
following scope ofv. ork
I BASIC SERVICES
A Design Sur, e~$
Rust ,.t dl recover e,dstmg benchsnarks and state comrol :md estabhsn secondary
control rmcotmte lo perform the su_r~ e~. s reqmreo Su~rp~emental 'topograpl'uc sm'va; s
',',all be pe~ormcd to t~e existing uuhttcs aao othcr c'~sung features tn the area of the
proposed roadwa~ impro'~ements mat ',aould affcc the proposed uuht) construcuon
Thc=c =urge; ~ ~a[l supplement aerial mapn,ng files pro~ Iced b~ TxDOT In addmon
topograpbac sur~ e,, will be performed to sapao= anal)s,s of samta-D sew er Mi~mxmcnr
studio= arouna Rlne~ Road
/vtr p S Arora. P E
August 18, 1998
Page 2
"~ B Prchmmm')' Design Phase
The Consuh~t shall prepare pmlmnnarv plans to include the following
I Proposed ahgnment
2 Proposed profiles
3 Natural ~nd man-made features affecting design
C Ftnal Design Phase
1 Upon approval ofpvehmmary plans by the C~D, the Consultant shall prepare
final plar~ (each sheet lo be suamped b) the Re~ced Profcss~onal Engineer
rcspo~b]e for the work)
a Stzs~dard C~ty u~le page ,,v~th loca~mn map
b P~an and Profile sheets
c Standard sheets
d Erosion Control Plans
c Traffic Control Plan
2 The Consultant will furmsh to the owner one (1) set of film reproduc~bles
and three (3) sets of blue line pnnt~ of the at:rproved plans
D Construcnon Phase Services
1 Prepare consu'ucnon quantity est~rrmte based on final plans
2 Attend preconstruc~lon meet:rog
Prepare as-bruit drawings as reqmxed
Mx P S Arom. PE
August lg, 199g
Page 3
SPECIAL SERVICES
A Easement Surveys
Easement sup. e)s v.~ll be performed on a per parcel bas~s to determine the hmns of
easements requued for the comm~on of the project Deed and owncrslup research
· ~qll be provided to supplement research already done by the City of Denton in
acqmnng ROW parcels Legal descnpUons and parcel cxl~Nts ~qlI 'be provadcd to
the C~t) for ac. qms,non by the City It ~s annc~pated that the C~ty vail obtain "letters
of permission" from affected parcels to acce~ and survey on then- property It as
currently ammlpated that appro×~mately 95± parcels w~ll be affected
ADDITIONAL SERVICES
~ dd~taonal Sc-r'~ ices a~e dc£mcd as scre~ces that rut. requested b) tht. Owner or rcquu'cd for
project compleuon xquch fall outside of thc scope of Basic Sm'ices and Special Serrates
as Onflme. d above Additional Sc'rrVlCCS l:mght include, but are not hmlted to (1) Lift Stauon
analysis and design, (2) Court appearance by the Engineer for easement and ROW
acqmsmon, and (3) Apprmsals for easement acqmsmon, (4) Legal and Negouations for
easement acqtusmon, md (5) Other services outside the scope of Basic Ser, nces
9-Dec-98
Hwy 77 Utility Relocation Project
RlneyRd Sta 104+30 to RtneyRd Sta 116+70
Relocate exlstulg 8" W L 1180 hn fl
Donna St to Joyce Lane
Both s~des of Hwy 77
E>,lst 8" San Sower Nolth s~do 16,50 hn Ft
Ex~st 8" San Sewer Soutl~ s~de 980 hn Ft
Donna St to Windsor
Relocate existing 8" W L 2400 hn Ft
Orr St to University Hwy 380
Sta 163+50 195+50
Existing water & san Sewer under exlsbng pavement
8" Water both sides of 77 6400 lin Ft
8" San Sewer both sides of 77 6400 hn Ft
Total 8" Water Line to relocate 9980 hn Ft
Total 8" San Sewer to relocate 9030 hn Ft
ENGINEERING SERVICES - FEE PROPOSAL ARS ENGINEERS, INC Rev FEBRUARY 24, 1999
WATER & WASTEWATER DESIGN ALONG US 77 FOR CITY OF DENTON PROPOSAL NO 18098082
TASK LABOR DESCRIPTION PIG PM ENOR TECH CLER TOTAL DIRECT DLC+
CODE 4744 3665 2710 20801675 LABOR OH
DESIGN PHASE
I Existing utd~ty research 32 12 44 $1117 $2457
2 Coordlnatmn meeting with City o~'Denton (3) 4 16 16 8 3 47 $1426 $3138
3 T~tle sheet (1) 6 16 22 $465 $1090
4 Gan notes and quant~ysummades (2) 4 24 12 4 44 $1 114 $2450
5 Prep water line plan profile sheets (12) 10 152 220 382 $9 062 $19 936~
6 Prep sanitary plan - profire sheets (10) 10 124 _18_8 .... 322 _~$7 637 $16 802
7 I~rep standard detail sheets water line (2) 6 32 88 126 $2 918 $6 419
8 Prep standard del ail sheets - sanitary sewer (1) 6 32 112 150 $3 417 $7 517
9 Erosion control plans (12) 4 26 103 133 $2 994 $6 586
10 Traffic control plans (4) 4 66 106 176 $4 140 $9 108
11 Quant~les & probable cost estimate 8 26 20 4 58 $1 481 $3 258
12 Deliver final plans, documents & speclficstiona 2 8 40 8 8 66 $1 772 $3 899
13 Prepare addenda (1) 6 24 32 4 166663 $1603 $3526
TOTAL 6 82 600 925 23 $39 175 $86 185
CONSTRUCTION PHASE
'14 Preconetructlon meeting (1) 4 4 1 9 $272 $598
15 Evaluate b~da & recommend award 0 $0 $0
16 Review submittals 0 $0 $0
17 Clarify design questions 0 $0 $0
18 Prepare change orders (1) 0 $0 $0
19 Prep as build drawings 2 40 60 102 $2,405 $5 292
;$ UB TOTAL 0 6 44 60 I 111 $2 677 $5 890
TOTALS I S I" 1666 t 2. 1 74 1 4 662 I $g2076 I
ENGINEERS TOTAL LABOR COSTS $92,075
ENGINEERS - DIRECT COSTS
Reproduction & Printing $634
Deliveries $76
Travel $213
TOTAL DIRECT COSTS ARS $923
Total labor costs x t0 0% $9 207
TOTAL ENGINEERING BUDGET $102,205
DentW&WW wk4
TOPOGRAPHIC SURVEYS H~ghw~ay 77 Utd~._Rel__ocatlons _Cjty of Denton
TASK 1
DIRECT DIRECT
LABOR DESCRIPTION =================================================== LABOR LABOR +
TASK A B C D E F G H TOTAL COST OH COST
SUB CODE 47 60 31 25 24 60 2000 22 25 14 40 900 16 75 HOURS (DLC) (DLCx12)
1 Project Mgtm/Meetlngs/Admln 2 2 8 12 245 70 540 54
2 Topographm Sur~eys
R~ney Rd Sm 104+30 to 116+?0 (N Hwy 77) 2 2 16 16 16 16 68 116210 255662
Donna St to Joyce St (N & S Hwy 77) 5 5 32 32 32 32 138 2 380 05 5 236 11
Donna St to W~ndsor (N Hwy 77) 4 4 32 32 32 32 136 2 324 20 5 113 24
Orr St to Umvers~ty Hwy 380 (N & S Hwy 77') 20 20 80 80 80 80 360 6 369 O0 14 011 80
3
4
5
6
7
8
Deliverables
12 Prepare electronic files only I 1 20 00 44 00
TASK 1 TOPO SURVEYS ARS 33 33 161 160 160 160 8 715 12 50t 05 27 502 31
ARS ENGINEERS TOTAL LABOR COSTS 2750231
ARS ENGINEERS DIRECTCOSTS LABOR CATEGORIES Az PRINCIPAL
pflntlng and Reproducfion 15000 B= PROJECT MANAGER / RPLS
Travelmileage 1680 mi 53760 C~ SENIORSURVEYTECH
D ellve~ylCo u net S e~ice 000 D=* SURVEY TECH
Misc Field Expenaes 304 86 E = PARTY CHIEF
F = INSTRUMENT MAN
TOTAL DIRECT COSTS ARS 992 46 G = RODMAN
H= ADMINISTRATIVE ASSISTANT
FIXED FEE 10 0% E 750 23
TOTAL FEE TASK 1 $3t 245 00
SCHEDULE OF CHARGES FOR ADDITIONAL SERVICES
EXHIBIT "A"
CITY OF DENTON WATER & WASTEWATER RELOCATIONS ALONG US 77
The following schedule of charges ~s for additional items of work as discussed in Arbcle V-C
of the contract between the C~ty of Denton, Texas and ARS Engineers, Inc These items of
wdl be as requested by The C~ty of Denton m addition to the Basic Services These charges
are hourly and include d~rect salary, overhead and profit factors for the rates ~ndmated below
CLASSIFICATION CHARGE
Pnnc~pal ~n Charge $114 80
Project Manager $88 69
Project Engineer $65 58
Survey Manager, RPLS $75 62
Sen~or Survey Tech $59 53
CADD Tech $50 34
Party Chief $53 84
Instrument Man $34 85
Rodman $21 78
Clerical $40 54
DenAdd$$wk4