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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