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HomeMy WebLinkAbout1998-333ORDINANCE NO 33.3 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF DENTON AND KIMLEY-HORN AND ASSOCIATES, INC FOR ENGINEERING SERVICES CONCERNING THE BUILDING OF, 9,680 FEET OF 20-INCH WATER LINE ALONG BERNARD AND JAMES STREET FROM LINDSEY TO HOBSON ROAD, AUTHORIZING THE EXIPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION I That the City Manager is hereby authorized to execute a professional services contract between the City of Denton and Kimley-Horn and Associates, Inc for work on 9,680 feet of 20-inch water line along Bernard and James Streets from Lindsey to Hobson Road substantially in the form of the contract which is attached hereto and made a part of this ordinance for all purposes SECTION II That the City Manager is authorized to make the expenditures as set forth in the attached contract SECTION III That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the (O day of n1-o6et-- 1998 ATTEST JENNIFER WALTERS, CITY SECRETARY i BY C—G 7 / S \Our Documents\Ordinances\98\Kimley-Horn Ord doc PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICE IN CONJUNCTION WITH THE 20-INCH WATER LINE ON BERNARD/JAMES STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT is made and entered into as of the 28`h day of July, 1998, by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "OWNER" and Ki nley- Horn and Associates, Inc with its corporate office at 801 Cherry Street, State 1100, Fort Worth, Texas 76102, hereinafter called "CONSULTANT," acting herein, by and through their duly authorized representatives WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows ARTICLE I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with the CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the sections to follow, with diligence and in accordance with the professional standards customarily obtained for such services in the State of Texas The professional services set out herein are in connection with the following described project The Project shall include, without limitation, Project-1, 9,680 feet of 20-inch water line along Bernard and James Streets from Lindsey to Hobson Road as shown in Exhibit A ARTICLE II SCOPE OF SERVICES The CONSULTANT shall perform the following services in a professional manner A The CONSULTANT shall perform those services as necessary and as described in the OWNER's "CITY OF DENTON REQUEST FOR QUALIFICATIONS FOR 20 INCH WATERLINE ON BERNARD/JAMES ", which is attached hereto and made a part hereof as Exhibit "A" as if written word for word herein B To perform those services set forth in CONSULTANT's Proposed Scope of Services, which proposal is attached hereto and made a part hereof as Exhibit `B" as if written word for word herein C CONSULTANT shall perform all those services set forth in individual task orders which shall be attached to this Agreement and made a part hereof for all purposes as separate agreements D If there is any conflict between the terms of this Agreement and the exhibits attached to this Agreement, the terms and conditions of this Agreement will control over the terms and conditions of the attached exhibits or task orders If there is any conflict between Exhibits A and B, the terms of Exhibit B will control over the terms of Exhibit A ARTICLE III ADDITIONAL SERVICES Additional services to be performed by the CONSULTANT, if authorized by the OWNER, which are not included in the above-descnbed Scope of Services, are described as follows A Accompanying OWNER's personnel when meeting with the Texas Natural Resource Conservation Commission, U S Environmental Protection Agency, or other regulatory agencies, assist OWNER's personnel on an as -needed basis in preparing compliance schedules, progress reports, and providing general technical support for the OWNER's compliance efforts, B Assisting OWNER or contractor in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this Agreement, such services, if any, to be furnished by CONSULTANT on a fee basis negotiated by the respective parties outside of and in addition to this Agreement, C Sampling, testing, or analysis beyond that specifically included in Scope of Services, D Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications, E Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties or condemnation proceedings ansing from the development or construction of the Project, including the preparation of engineering data and reports for assistance to the OWNER, F Designing of replacement for the existing 8-inch waterline, G Designing of replacement for the existing 8-inch sanitary sewer, H Providing additional presentation to the Public Utility Board or the City Council, Providing additional easement or ROW acquisition, Providing construction staking, K Providing additional printing for bidding document distribution, L Providing additional documentation required by the OWNER's legal representation during condemnation proceedings M Providing any easement acquisition services beyond the preparation of the easement document N Obtain right of entry for easement survey O Additional meetings during construction P Provide shop drawing review other than boring submittals Page 2 Q Attend the final walk through ARTICLE IV PERIOD OF SERVICE This Agreement shall become effective upon execution of this Agreement by the OWNER and the CONSULTANT and upon issue of a notice to proceed by the OWNER, and shall remain in force for the period which may reasonably be required for the completion of the Project, including Additional Services, if any, and any required extensions approved by the OWNER This Agreement may be sooner terminated in accordance with the provisions hereof Time is of the essence in this agreement The CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule established by the OWNER, acting through its City Manager or his designee ARTICLE V COMPENSATION A COMPENSATION TERMS 1 "Subcontract Expense" is defined as expenses incurred by the CONSULTANT in employment of others in outside firms for services in the nature of geotechmcal investigations, boring and directional drilling, and easement acquisition 2 "Direct Non -Labor Expense" is defined as that expense for any assignment incurred by the CONSULTANT for supplies, transportation and equipment, travel, communications, subsistence, and lodging away from home, and similar incidental expenses in connection with that assignment B BILLING AND PAYMENT For and in consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay the CONSULTANT for the services set forth in Exhibit B, Scope of Services, a lump sum amount of $125,100 based on the per -task lump sum amounts as shown in Exhibit "C" which is attached hereto and made a part of this Agreement as if written word for word herein This is to be the total fee, including reimbursement for direct non -labor expenses Partial payments to the CONSULTANT will be made on the basis of detailed monthly statements rendered to and approved by the OWNER through its City Manager or his designee, however, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered The OWNER may withhold the final five percent (5%) of the contract amount until completion of the Project Nothing contained in this Article shall require the OWNER to pay for any work which is unsatisfactory, as reasonably determined by the City Manager or Ins designee, or which is not submitted in compliance with the terms of this Agreement The OWNER shall not be required to make any payments to the CONSULTANT when the CONSULTANT is in default under this Agreement 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 lump sum fee as stated, without Page 3 first having obtained written authorization from the OWNER The CONSULTANT shall not proceed to perform the services listed in Article III "Additional Services," without obtaining prior written authorization from the OWNER B ADDITIONAL SERVICES For additional services authorized in writing by the OWNER in Article III, the CONSULTANT shall be paid a fee in addition to the lump sum fee This additional fee is to be based on the hourly rates shown in Exhibit "C " Payments for additional services shall be due and payable upon submission by the CONSULTANT, and shall be in accordance with Subsection B hereof Statements shall not be submitted more frequently than monthly C PAYMENT If the OWNER fails to make payments due the CONSULTANT for services and expenses within 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 (60`h) day, and, in addition, the CONSULTANT may, after giving seven (7) days' written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full all amounts due for services, expenses, and charges, provided, however, nothing herein shall require the OWNER to pay the late charge of one percent (1%) set forth herein if the OWNER reasonably determines that the work is unsatisfactory, in accordance with this Article V, "Compensation " ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any subcontractors or subconsultants ARTICLE VII OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT and CONSULTANT's subcontractors or subconsultants 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 retain 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 any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified herein, CONSULTANT is released from any and all liability relating to their use in 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 claim any right ansing from employee status Page 4 ARTICLE IX INDEMNITY AGREEMENT The CONSULTANT shall indemnify and save and hold harmless the OWNER and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the OWNER and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved ARTICLE X INSURANCE During the performance of the services under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carvers of at least an A- or above A Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate B Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property damage limits of not less than $100,000 for each accident C Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each accident D Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate E The CONSULTANT shall furnish insurance certificates or insurance policies at the OWNER's request to evidence such coverages Except for the professional liability insurance, the insurance policies shall name the OWNER as an additional insured on all such policies, and shall contain a provision that such insurance shall not be canceled or modified without thirty (30) days' prior written notice to OWNER and CONSULTANT In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage Page 5 ARTICLE XI ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution, such as mediation No arbitration or alternate dispute resolution arising out of or relating to this Agreement, involving one parry's disagreement, may include the other party to the disagreement without the other's approval ARTICLE XII TERMINATION OF AGREEMENT A Notwithstanding any other provision of this Agreement, either party may terminate by giving thirty (30) days' advance written notice to the other party B This Agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under tlus Agreement No such termination will be affected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the non-performance, and not less than thirty (30) calendar days to cure the failure, and (2) an opportunity for consultation with the terminating party prior to termination C If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to the OWNER within thirty (30) days after the date of termination The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of termination, in accordance with Article V "Compensation " Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information The CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but may maintain copies of such documents for its use ARTICLE XIII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not constitute, nor be deemed a release of the responsibility and liability of the CONSULTANT, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work, nor shall such approval be deemed to be an assumption of such responsibility by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents, and consultants ARTICLE XIV NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein Mailed notices shall be deemed communicated as of three (3) days' mailing Page 6 To CONSULTANT Kimley-Horn and Associates, Inc Glenn Gary, P.E 801 Cherry Street, Suite 1100 Fort Worth, TX 76102 To OWNER City of Denton P S Arora, P E , Semor Engineer 215 East McKinney Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mailing ARTICLE XV ENTIRE AGREEMENT This Agreement, consisting of 9 pages and 3 exhibits, 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, communications, and agreements which may have been made in connection with the subject matter hereof ARTICLE XVI SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent lunsdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision ARTICLE XVII COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended ARTICLE XVIII DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap ARTICLE NIX PERSONNEL A The CONSULTANT represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement Such personnel shall not be employees or officers of, or have any contractual relations with the OWNER CONSULTANT shall inform the OWNER of any conflict of interest or potential conflict of interest that may anse during the term of this Agreement Page 7 B All services required hereunder will be performed by the CONSULTANT or under its supervision All personnel engaged in work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services ARTICLE XX ASSIGNABILITY The CONSULTANT shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the OWNER ARTICLE XXI MODIFICATION No waiver or modification of thts Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding ansing between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed, and the parties further agree that the provisions of this section will not be waived unless as set forth herein ARTICLE XXII MISCELLANEOUS A The following exhibits are attached to and made a part of this Agreement Exhibit A - City of Denton Request For Qualifications For 20 Inch Waterline On Bernard/James 2. Exhibit B - Scope of Services 3. Exhibit C - Per Task Lump Sum Amounts B CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the final payment under tlus Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the CONSULTANT involving transactions relating to this Agreement CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this section OWNER shall give CONSULTANT reasonable advance notice of intended audits C Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas This Agreement shall be construed in accordance with the laws of the State of Texas D For the purpose of this Agreement, the key persons who will perform most of the work hereunder shall be Glenn Gary - Project Manager, Brad Tribble - QA/QC However, nothing herein shall limit CONSULTANT from using other qualified and competent members of its firm to perform the services required herein Page 8 E CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof In accomplishing the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the OWNER F The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions for the CONSULTANT to enter in or upon public and private property as required for the CONSULTANT to perform services under this Agreement G The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement IN WITNESS HEREOF, the City of Denton, Texas has caused tlus Agreement to be executed by its duly authorized City Manager, and CONS TANT has a ecuted this Agreement through its duly authorized undersigned officer on this the eD = day of 19 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APP OVED S TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY WITNESS KAIA CITY OF DENTON, TEXAS KKIML�EY-HORN AND ASSOCIATES, INC Glenn nn Gary i Assistant Secretary Page 9 EXHIBIT A CITY OF DENTON REQUEST FOR QUALIFICATIONS FOR 20 INCH WATERLINE ON BERNARD/JAMES AND WATERLINE EXTENSIONS TO SERVE CARPENTER ROAD AND GAYLA/BRIDGES AREA ENGINEERING SERVICES I Introduction The City of Denton is qualifications from engineering firms to provide services to design 1) approximately 9,680 feet of 20 inch waterline primarily on James and Bernard (see Exhibit II) and 2) approximately 2,000 feet of 8 inch and 6 inch waterline to serve the Gayla/Bndges area (see Exhibit III) and 850 feet of 8 inch and 6 inch waterline to serve Carpenter Road (see Exhibit IV) Denton is aware of each firm's abilities and general reputation Submittals should be directed toward Denton's particular project General information and artwork are not necessary The process will involve a written response, "short listing" of three to four firms for presentation, ranking, and negotiations in order of ranking Each firm is encouraged to become familiar with the project Feel free to contact the City's designated contact person who is P S Arora, P E Senior Engineer 901-A Texas Street Denton, TX 76201 940-349-8453 II DESCRIPTION OF PROJECTS A Bernard./James This project involves approximately 9,680 feet of 20 inch waterline(see exhibit II) The project starts on Lindsey Street, just west of Fort Worth Drive (US Hwy 377), where there is a 20-inch stubout The waterline runs west on Lindsey to Bernard Then it turns south and continues on Bernard (along this route it crosses I-35E) to the railroad The waterline crosses the railroad and continues south on James to US Hwy 377 The waterline crosses US Hwy 377 and continues south along Country Club Road (FM 1830) to the existing 16 inch waterline at Hobson The major concern of the City of Denton is the crossing of I-35E The City anticipates that I-35E will be widen/reconstructed in the future We do not want to replace this crossing The selected firm will be required to acquire the required easements for this project At this time the only required easements will be along FM 1830 B Carpenter Road and Gayla/Bridges Area The Carpenter Road project consists of approximately 850 feet of 8 inch and 6 inch waterlines (see exhibit III) There are approximately a dozen services The construction of tins project and the GaylaBndges area project is funded with Community Development Block Grants The City is funding the surveying, design, easement acquisition and inspection Carpenter Road is a private road and East McKinney is a state - highway, easements will be required Federal procedures may have to be followed for these acquisitions The GaylaBndges area project consists of approximately 2,000 feet of 8 inch and 6-inch waterline (see exhibit IV) There are approximately 15 services III PRE -SUBMITTAL MEETING None is proposed IV INFORMATION PROVIDED BY DENTON None is proposed at this time beyond what is in this RFQ Denton will provide to the selected firm "as built" or construction drawings as available along the route of the two projects Denton crews will field locate critical underground utilities V SUBMITTALS The submittals will help Denton to select the firm that can best satisfy Denton's particular needs The submittals must conform to the format prescribed herein Tlus will help Denton to compare the qualities of each firm in key areas and allow the firms to compete on the most equal basis LENGTH The written proposal shall have no more than twenty-five (25) printed pages between the covers This includes the Table of Contents, List of Tables, Fly Sheet, Title Pages, Appendix, Resumes, Photograph, Charts, Tables, Graphs, etc Blank pages are not counted, even if they have a minor amount of printing, such as a border You may use either one sided or two sided copying Each page shall be numbered The document shall be printed on 8 %a" x I I" paper Sheets up to 24" x 36" may be included for graphics These sheets may be either bound or included in a pocket holder Each sheet will count as one page of printed document P] CONTENTS Each proposal shall address the areas identified below Additional areas may be addressed within the 25 printed pages These areas will be labeled and included in an appendix The areas to be addressed and the expected information are Table of Contents List of Tables, Graphs, etc - Optional Background - Provide a brief description of firm's history and development Organization - Description of firm's organizational structure including various departments, marketing, accounting, etc Detailed structure of each department is not necessary The department head and the number of employees in each division shall be included An organizational chart is the preferred method of presentation. Experience - Provide a list of projects of similar scope for which the firm and the project team provided engineering services Include name of client, type of facility, type of improvement (replacement or expansion), construction cost and on time performance Approach - Describe the approach the to complete the project if it is selected If the engineering firm intends to utilize a subcontractor, please identify the work to be accomplished, the length of previous professional relationship between the parties, and an organizational chart for the subcontractor Project Team - Provide a list of all engineers and managers of the design level and up who will be associated with the project Include their position with the company, role on the project team, percent of their time allocated to this project, location of their office, list of projects to which they are currently assigned, related experience, etc Quality Control - Describe your firms preferred approach to quality control during design and construction The goal is to minimize the total cost of engineering and change orders as well as construction cost It is also desirable to minimize the number of change orders, regardless of cost APPENDIX Any additional information shall be included in tins section SUBMITTAL Five copies of the proposal shall be addressed and delivered to Jill Jordan, P.E. Director Water Utilities 901-A Texas Street Denton, TX 76201 before 3 00 p in , Thursday, June 25, 1998 Submittals will be reviewed immediately upon receipt for conformance to the requirements of the request for qualifications Each firm will be notified by 5 00 p in Monday, June 29, 1998 of the status of their proposal VI "SHORT LIST" SELECTION The Water/Wastewater Engineering Division will form a Selection Committee to analyze each proposal submitted to make a "short list" of firms to be invited for a presentation Selection criteria used to rate the consultant proposal is described below A Qualifications - Appropriate education, training and experience of the team members and the firm, relative to the type of project B Proiect Manager — Ability of project manager to complete project on time and within budget C Resourcefulness - Ability to work with Denton's staff as a team, in order to complete the project B. Familiarity - Awareness of Denton's particular needs F. Management — Ability to maximize effective effort and to ensure quality control Based on the above criteria, a "short list" of three to four firms will be selected and invited for a presentation 4 VII PRESENTATION Presentations are scheduled for Tuesday, July 8, 1998 from 1-5 p in in the Training Room at the City of Denton Service Center at 901-A Texas Street Denton will provide one visual aid, an overall map of the City of Denton with the project areas highlighted An overhead projector will be provided Each firm may bring and use as many overheads Slides, videos and poster pictures WILL NOT BE PERMITTED Copies of ove heads must be promdes for the selection committee All information must be communicated by the written propos , on overheads, or verbally answers_ It is therefore important to be brief and to the point Denton is interested in what sets your firm apart from the others with respect to Denton's needs, not what everyone can do the same The presentation may be made by anyone with the firm, but the Project Manager must participate Also, a representative of any sub contractors must participate The Committee reserves the rig o exten t e session to satisfy their interest VIII SELECTION The Selection Committee intends to make a selection by the evening of July 15, 1998 Each firm, including the successful presenter, will be contacted the next day However, the Selection Committee reserves the right to deliberate the submittals for up to sixty days One firm will be selected to provide services for projects outlined in this RFQ Selection will be based upon ranking Criteria listed in Section VI will be used as a guide Each Committee Member will rank the firms according to this criteria The Coninuttee will then discuss their scoring and work toward a consensus The Committee may modify the process if circumstances so require If the Committee has any unanswered concerns of critical importance then the Committee may postpone their decision A procedure for resolving the concern will be implemented as soon as possible Every firm will be notified of the selection process status and informed of what to expect Denton will then enter into negotiations with the top ranked firm If an agreement cannot be reached, then Denton will abandon its efforts with that firm and begin negotiations with the second ranked firm This process will continue until an acceptable agreement is reached or until the Committee decides to send out a new RFQ Once successfully negotiated, the contract will be processed in accordance with Denton Charter and code requirements W LEE II -�'plp a�/ p OAYOxf#It II HICOM Ir n uuux 1, OAEM1000 OAEIY000 Bemard/James Water ul Distnbution System Upgrade i II 064NMINEW001E i " A/RfAAI/Or—I Exhibit 2: Project Area 6 inch ma extension 8 inch vm extension N s 13W ■ 1■ I� • ■ I I■ INS ■■� I' ■��I�� ..1� ■ 11 1 i Exhibit 3: Project Area = I LA t. I A* I• � 6 inch wa1 extension u mcn watenine extension Exhibit 4: Project Area ■ N A 1200 \ EXHIBIT B to Agreement Between the City of Denton, Texas (OWNER) and Kunley-Horn and Associates, Inc (CONSULTANT) for Professional Services SCOPE OF SERVICES 1 This is an exhibit attached to, made a part of and incorporated by reference into the Agreement between OWNER and CONSULTANT providing for professional engineering services 2 UNDERSIGNED shall prepare construction plans, details, specifications, permits, and Opinion of Probable Construction Cost for the following The 20-inch %terline on Bernard/James. 3 Project understanding 20-inch Waterline on Bernard/James The 20-mch waterline on Bernard/James is approximately 9,680 feet of 20-inch waterline The general project alignment has been predetermined as stated in the Request For Qualifications as shown in Exhibit A. 4 20-inch Wiaterline on Bernard/James Task 1— Quality Assurance and Quality Control This Iksk establishes the Quality Control and Quality Assurance plan and provides for quality control and quality assurance through the project duration A Project Planning B Establish Quality Assurance and Quality Control Plan (QA/QC) C Kick-off meeting with the OWNER D Quality Assurance and Quality Control at mile stones designated in the QA/QC Plan E Services provided by OWNER 1 Attend Kick-off meeting F Deliverables 1 Quality Assurance and Quality Control Plan Page t Task 2 - Routing/Alignment (Bernard/James) The Routing/Alignment lbsk is to provide additional coordination prior to the survey and geotechmcal investigations Professtonal services under this task shall include A Collect data on existing utilities and infrastructure along the proposed water line route Kimley-Horn will coordinate with the following I City of Denton Utilities 2 City of Denton Engineering Department 3 GTE 4 Lone Star Gas 5 TXDOT 6 Union Pacific Railroad 7 Marcus Cable B Provide recommendation for alignment of proposed 20-inch waterline, mcluding alignment for bores across highways, railroads, and creeks C Provide recommendations for easements to be acquired D Prepare Opinion of Probable Construction Cost E Attend one meeting to present results and deliverables and receive comments F Services provided by OWNER l Provide water, sewer, storm sewer, and electric locations 2 Provide existing information including record drawings, and construction plans 3 Provide comments on Routing and Alignment Report G Deliverables 1 3 - copies of the Letter Report with findings of the Routing and Alignment Study 2 3 - copies of the Exhibit showing preliminary alignment and proposed easement acquisition 3 3 - copies of the Opinion of Probable Construction Cost lhsk 3 - Preluntnary Design (Bernard/James) Once the Routing and Alignment Report has been approved by the OWNER, Kimley-Horn will proceed with the Preliminary Design or 60% plans and specifications The Prehmmary Design will include A Survey B Geotechmcal investigation C Preliminary boring calculations D Preparation of easement legal descriptions and exlubits E Coordination with utilities and ROW holders l GTE 2 Denton Municipal Utilities 3 Denton Engineer 4 TxDOT Page 2 5 Union Pacific Railroad 6 Lone Star Gas 7 Marcus Cable F Preparation of Opinion of Probable Construction Cost G Preparation for and attendance at one neighborhood meeting H Preparation of Prelinnary Plans (plan view only) I Preparation of Specification Outline J Attendance at one meeting to discuss OWNER's comments K Services provided by OWNER I Sample Contract Documents and Specifications 2 Review and comments on Preliminary Design L Deliverables 1 3 - copies of the Preliminary Construction Plans (plan view only) 2 3 - copies of the Specification Outline including material selection 3 3 - copies of the Opinion of Probable Construction Cost 4 1- copy of the Geotechmcal Report Iksk 4 - Flual Design (Bernard/James) Once the Preliminary Design has been approved by the OWNER, Kunley-Horn will proceed with the Final Design or 95% plans and specifications The Final Design will include A Prepare engineering plans and specifications and construction contract documents in accordance with an approved route and for project bidding and regulatory approval Plans shall consist of 22"x 34" plan and profile sheets at a scale of I"=40' horizontal, and l"= 4' vertical Specifications shall include technical specifications for materials and installation of the proposed facilities We anticipate approximately 15 sheets of plans for the 20-mch waterline The contract documents shall follow the City of Denton requirements for public works construction B Submit to the OWNER 95% complete plans, specifications, contract documents, and Opinion of Probable Construction Cost for review and comment C Attend one meeting to present 95 % design and deliverables D Attend one meeting to discuss OWNER's comments B Prepare for and attend one public utilities Board Meeting F Prepare and submit Railroad Permits applications G Prepare and submit Highway Permits applications H Make submittals to the franchise utility companies I Subtmt final plans to appropriate regulatory agencies for review J Make revisions based on the OWNER's review of the 95% submittal K Services provided by OWNER 1 Review and comment on Final Design L Deliverables 1 3 - copies of the 95% Construction Plans and Specifications 2 3 - copies of the Opinion of Probable Construction Cost Page 3 3 3 - copies of a letter addressing OWNER's comments 4 3 - copies of the Final Construction Plans and Specifications 5 1 - Copy of Reproducible Bidding Documents (Plans and Specifications) Usk 5 - Bidding (Bernard/James) Professional services under this phase shall include A Issue addenda as appropriate to interpret, clarify or expand the bidding documents B Attend the bid opening C Services provided by OWNER 1 Bidding document reproduction and distribution 2 Advertising 3 Thbulations and contract execution Task 6 - Construction Contract Administration (Bernard/James) Services under this phase involve consulting with and advising the CITY during construction and are linuted to those services associated with construction contract administration Such services shall include A Attend the pre -construction conference B Review shop drawings submitted by the contractor for general compliance with the intent of the design This item includes boring submittals only C Issue necessary interpretations and clarifications of contract documents D Prepare documentation reiltured to resolve problems due to actual field conditions encountered E Prepare record drawings based on the comments provided by the OWNER and the contractor Since IQmley-Horn will not be providing construction observation services, we will not seal the record drawings F Services provided by OWNER I Daily project inspection 2 Review and process monthly pay estimates 3 Prepare change orders 4 Shop drawing review not provided by consultant G Hold construction meetings H Resolve construction related issues I Deliverable 1 l - Copy of Record Drawings 2 1 - Reproducible set of Record Drawings 3 1 - Electronic set of Record Drawings Page 4 5 Schedule We will perform these services upon receipt of an executed copy of this agreement and a Notice To Proceed We will endeavor to meet your scheduling needs We anticipate the following schedule for each task Task 1 - Quality Control and Quality Assurance Kick-off meeting after notice to proceed 10 days The remainder of the task will be carried out - - - throughout the duration of the project Task 2 - Routing/Alignment (Bernard/James) Report delivered to CITY, days after 30 days the lackoff meeting Task 3 - PreWmnary Design (Bernard/James) Delivery of Preliminary Design report, days after 45 days the approval of the Routing and Alignment Report Task 4 - Final Design Delivery of 95 % plans, days after 45 days approval of the Preliminary Design Delivery of final plans, days after the 30 days receipt of comments on the 95% plans Task 5 - Bidding On -going with bidding Task 6 - Construction Contract Administration On -going with construction I Pic FMITA 55 a il IMP Page 5 0 EXHIBIT C to Agreement Between the City of Denton Texas (OWNER) and Kmdey-Horn and Associates Inc (CONSULTANT) for Professional Services COMPENSATION 1 Tlus is an exhibit attached to, made a part of and incorporated by reference into the Agreement between OWNER and CONSULTANT providing for professional engineering services 2 CONSULTANT will accomplish the work outlined in Tasks I - I presented in Exhibit "B of this Agreement for a lump stun fee of $125,100 for all scope of services and direct expenses associated with the same The lump sum fee is composed of the following Task l - Quality Control and Quality Assurance S 11,700 Task 2 - Routing/Alignment (Bemard/James) S 12,500 Task 3 - Preliminary Design (Bemard/James) $ 52,800 Task 4 - Final Design (Bemard/James) $40 200 Task 5 - Bidding (Bemard/lames) $ 1600 Task 6 - Construction Contract Administration (Bernard/James) $6 300 3 CONSULTANT will invoice the OWNER for the value of the partially completed services, according to the services accomplished each month on a proportional basis to the overall project Due to the difficulty in defining a finite Scope of Services for Additional Services CONSULTANT will provide the services described m Article III, Additional Services on a labor fee plus expense basis Labor fees are to be computed on the basis of labor hours charged to the project and the Krmley-Horn Billing Rate Schedule in effect at the time services are rendered The current Ki tley-Hom Billing Rate Schedule is shown below Direct reimbursable expenses such as express mail, fees, out-of-town tnileage (trips in excess of 100 miles) and other direct expenses will be billed at 1 15 tunes cost An amount equal to six percent (60/6) of the labor fees will be added to each invoice to cover certain other direct expenses such as in-house duplicating and blueprinting, facsitnrle, local mileage, telephone, postage, and word processing computer time Technical use of computers for design, analysis, and graphics, etc will be billed at $25 00 per hour All permitting application, and stmdar project fees will be paid direct by the OWNER Page l CURRENT HOURLY RATE SCHEDULE Project Manager $115 to $160 Semor Engineer $ l 10 to $145 Graduate Engineer $75 to $95 Engineer/Landscape Architect $70 to $95 RPLS $70 to $95 Designer $85 to $90 Analyst $70 to $95 CAD Technician $45 to $75 Clerical $35 to $45 Survey 3-man crew $150 2-man crew $95 Computer $25 Effective through July 1, 1999 END OF EXHIBIT C Page 2