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HomeMy WebLinkAbout1997-363ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF DENTON AND HUITT-ZOLLARS IN THE AMOUNT OF $95,095 00 (RFSP #2110B —RESEARCH PARKWAY PROJECT), AND PROVIDING AN EFFECTIVE DATE WHEREAS, Chapter 2254 of the Texas Government Code, known as the Professional Services Procurement Act, provides that a City many not select a provider of professional services on the basis of competitive bids but on the basis of demonstrated competence and qualification and for a fair and reasonable price, WHEREAS, the professional fees under the proposed contract are consistent with and not higher than the recommended practices and fees published by the applicable professional association and do not exceed a maximum provided by law, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the services set forth in the proposed contract, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I. That the City Manager is hereby authorized to execute on behalf of the City of Denton, Texas, as professional services contract, substantially the same as the contract which is attached hereto and made a part hereof for all purposed, that provides services relating to Engineering Services, as detned in Request for Sealed Proposal #2110B Research Parkway Project, with Huitt-Zollars in the amount of $95,095 00 SECTION II. That the award of this contract is one the basis of demonstrated competence and qualifications of the provided of professional services under this contract and the ability of such provider to perform the needed services for a fair and reasonable price SECTION III That this ordnance shall become effective immediately upon its passage and approval i PASSED AND APPROVED this the /6 — day of 1997 ATTEST JENNIFER WALTERS, CITY SECRETARY is C' %jam . .. 1 \V APPROVED AS TO LEGAL FORM HER13ERT L PROUTY, CITY ATTORNEY PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT is made and entered into as of the 16th day of December, 1997, 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 Huitt-Zollars, Incorporated, with its corporate office at 512 Main Street, Suite 1500, 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 Research Parkway and Drainage Improvements ARTICLE II SCOPE OF SERVICES The CONSULTANT shall perform the following services in a professional manner A The CONSULTANT shall perform professional services as necessary and as described in the OWNER's RFSP #2110, with Addendum #1 and #2, which are attached hereto and made a part hereof as Exhibit "A" as if written word for word herein B CONSULTANT shall perform Basic Engineering services set forth in Exhibit "B", which is attached hereto and made a part of this agreement as if written word for word herein C 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 Page 1 of 10 \\HZFTWORTH\DISK2\proi\BUS_DEV\CIVIL\DENTON\AGRMNT doc ARTICLE III ADDITIONAL SERVICES A The following, additional services shall be furnished by CONSULTANT on a fixed -fee (lump sum) basis in performance of this agreement and as set forth in Exhibit "C", which is attached hereto and made a part of this agreement as if written word for word herein Geotechnical Services Provide geotechnical investigations for the site, including soil bonngs, related analyses, and recommendations 2 Public Relations Services Provide general public relations, services to the OWNER and CONSULTANT, including public information services and facilitating two public meeting 3 Surveying Services Provide basic field survey, including design and topograpluc survey and dimension control 4 Floodplain Analysis Services Provide CLOMR/LOMR surveys, analyses and reports B Other additional services to be performed by the CONSULTANT, if authorized by the OWNER, in writing, are described as follows During the course of the Project, as requested by OWNER, the CONSULTANT will be available to accompany OWNER's personnel when meeting with the Texas Highway Department or other agencies The CONSULTANT will 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 and regulatory efforts Assisting OWNER or contractor in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this Agreement 3 Sampling, testing, or analysis beyond that specifically included in Basic Services 4 Preparing copies of computer aided drafting (CAD) electronic data bases, drawings, or files for the OWNER'S use in a future CAD system Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties or condemnation proceedings arising from the development or construction of the Project, including the preparation of engineering data and reports for assistance to the OWNER If requested by OWNER, additional services prescribed in Paragraph B above, or others, shall be furnished by the CONSULTANT on a fee basis as set forth in Exhibit "D", which is attached hereto and made a part of this agreement as if written word for word herein Page 2 of 10 \\nZFTWORTMDISK2\proj\BUS_DEV�CIVIL\DENTON\AORMNT doe 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 "Subcontract Expense" is defined as expenses incurred by the CONSULTANT in employment of others in outside firms for services in the nature of Additional Services "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 BASIC ENGINEERING SERVICES a For and in consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay for Basic Services set forth in Exhibit "B", a fixed fee, including reimbursement for direct non -labor expenses not to exceed SIXTY EIGHT THOUSAND SEVEN HUNDRED SEVENTY DOLLARS ($68, 770 00) 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 his 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 Page 3 of 10 \\HZFTWORTH\DISK2\prof\BUS_DEV\CIVIL\DENTON\AORMNT doe 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 maximum not to exceed fee as stated, without 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 2 ADDITIONAL SERVICES a For specified additional services authorized by Article III, G of this agreement, the OWNER shall pay the CONSULTANT fixed fee, not to exceed TWENTY SIX THOUSAND THREE HUNDRED AND TWENTY FIVE DOLLARS (26,325 00) b 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 TOTAL COMPENSATION For and in consideration of basic services and specified additional services to be performed by the consultant herein, the OWNER agrees to a total fixed fee not to exceed NINETY FIVE THOUSAND AND NINETY FIVE DOLLARS ($95.095 00) D 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`I') 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 Page 4 of 10 \\RZFTWORTR\DISK2\proj\13US_DEV\CIVIL\DENTON\AGRMNT doc 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 arising from employee status 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 Carriers 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 Page 5 of 10 \\HZFrWORTH\DISK2\prof\BUS_DEV\CIVIL\DENTON\AGRMNT dm 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 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 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 party'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 this Agreement No such termination will be affected unless the other party is given (1) written notice (delivered by certified marl, 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 Page 6 of 10 \*UFTWORTH\DISK2\proj\BUS_DEV\CIVIL\DENTONIAORMNT doc 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 To CONSULTANT Hunt-Zollars, Inc Kenneth J Hughes, P E Project Manager 512 Main Street, Suite 1500 Fort Worth, Texas 76102 To OWNER City of Denton Mr Jerry Clarke, P E Director, Engineering and Transportation Department 215 E 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 ten (10) pages and Exhibits A through F, 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 Page 7 of 10 \\HZFTWORTH\DISK2\pros\BUS_DEV\CIVIL\DENTONV+GRMNT doe ARTICLE XVI SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction 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 XIX 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 arise during the term of this Agreement 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 Page 8 of 10 \\HZFTWORTH\DISK2\prof\BUS_DEV\CIVIL\DENTON\AORMNT doe ARTICLE XXI MODIFICATION No waiver or modification of this 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 ansmg 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 — Request for Proposal Exhibit B — Basic Engineering Services Exhibit C — Additional Services Exhibit D — Professional Fees and Charges Exhibit E — Project Schedule Exhibit F — Deliverable Products B CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the final payment under this 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 Mr Kenneth J Hughes, P E However, nothing herein shall limit CONSULTANT from using other qualified and competent members of its firm to perform the services required herein 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 Page 9 of 10 \\HZFTWORTH\DISK2\prq\BUS_DEV\CIVIL\DENTON\AORMNT doe 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 this Agreement to be executed by its duly authorized City Manager, and CONSULTANT has executed this Agreement through its duly authorized undersigned officer on this the A0 day of December, 1997 ATTEST JENNIFER WALTERffS,1CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY Q FE ,I WITNESS IM CITY OF DENTON, TEXAS TP,D BENAVIDES, CITY MANAGER 3 o1 IM Nan Title Vice President Page 10 of 10 \\HZFTWORTH\DISK2\proj\BUS_DEV\CIVIL\DENTOMAGRMNT doe EXHIBIT "A" w/ADDENDUMS #1 and #2 CITY OF DENTON RFSP # 2110 PROFESSIONAL ENGINEERING SERVICES OPENING DATE: OCTOBER 14,1997 PREPARED BY THE ENGINEERING DEPARTMENT C Request for Statements of Qualifications The City of Denton, Texas seeks the services of a Professional Engineering Firm (s) to design the following I. Paving and Drainage Improvements Locations 1 Research Parkway 2 Collins Street between US 377 (Fort Worth Drive) and Welch Street 3 Eagle Drive Project Details I. Paving Drama a Im rovements 1. Research Parkway Paving and Drainage Improvements. iiV��� VVV This project will be a new street through raw an esigned using t e enclosed schematic ♦ The design section will be an urban section of four lanes with a 14' median ♦ The project will start at Woodrow Lane and extend 3000' to the east Drainage improvements are to be designed with the road section including one major creek crossing and all underground storm sewers with inlets, etc ♦ Preliminary ROW Documents will be available at the start of the design phase The consultant will not be involved with the ROW acquisition except as needed to accommodate design issues like slope easements, etc ♦ Funding and approvals will be entirely by the City of Denton 2. Eagle Drive Drainage Improvements 3. Collins Street Paving and Drainage These two projects will be designed and constructed to be in one package to guarantee the compatibility of the drainage systems The Collins Street System drains into the Eagle system The project will include some phasing for the eastern end of Collins if possible to improve pavement widths quickly Recent development in that area has increased the Average Daily Traffic, which in turn effect speeds, safety, and other issues Eagle Drive ♦ The Eagle Drive system has an existing undersized system (40% capacity) that has to be augmented with a parallel system Fiber optics exists along the north side of Eagle about 5' deep ♦ The limits of the Eagle system are generally between Elm Street and Avenue A ♦ Design shall be according to the Denton Drainage Design Manual Collins Street ♦ Collins Street has severe flooding between Cleveland and Bernard The connection to the Eagle System has been planned at Cleveland ♦ The street section for Collins shall be 45' or 41' depending on the ROW acquisition by -the City of Denton Again, the consultant will be asked to provide design impacts that effect the final ROW width and route ♦ The need for right and left turn lanes are to be studied at US 377, Bernard and Welch Street ♦ Collins Street limits are between US 377 and Welch Street The section between Bernard Street and US 377 will probably be constructed first to address lane width issues Associated drainage will have to be phased also General Items Design standards include City of Denton Standard Details, NTCOG Blue Book, Denton Amendments to the NTCOG Standards, AASHTO , and at the US 377 Connection-TXDOT Standards Consultant will be asked to attend up to two public meetings for each project where the project will be presented to the adjacent property owners/residents for comment and to the community in general Funding and approvals will be entirely by the City of Denton Statement of Qualifications The City of Denton has no expressed or implied obligation to reimburse the responding firms for any expenses incurred in preparing Statements of Qualifications (SOQs) in response to this request SOQ's may be submitted for either the Research Parkway Paving and Drainage Improvements Project or the Eagle Drainage and Collins Paving and Drainage or both The City of Denton will select a short list of 3 firms for each set of projects The City of Denton will determine whether to selc_one or two firms after review of the (_ )rmation presented by the short list firms. The selection will solely be based on the best interests of the City The SOQ's submitted in the first phase should include only the following items The first phase is intended only to provide an overview of the firms so that the City of Denton can select the short list firms Please limit the length of the Statement of Qualifications (SOQ's) to 25 pages including the cover letter, title page, table of contents, tables, figures and appendices Statements of Qualifications exceeding twenty-five pages will not be considered 1. Proiect Understanding_—Avvroach and Scone of Work: Provide a summary of understanding of the project(s) and the approach to completing the work including the specific work elements normally used in project(s) of these types 2. Pro ect Team - Provide in organizational chart and resume of key personnel and their specific project assigrunents for this work Resumes should be limited to address experience in projects similar to ones in this RFQ 3 Schedule Provide a preliminary schedule of the work to be performed Detailed project tasks breakdowns and the associated schedule is to be provided only in the short list phase 4 Related Proiect Exaerlence: Describe at least 3 projects in the past 3 years similar in size and scope to these projects or that are currently ongoing Project references are to be provided in the short list phase including the name, telephone number and fax of the client The specific responsible project manager should be identified and should be available to be contacted at the phone numbers listed It is important that this be current) S. Professional Services Agreement. The standard City of Denton Professional Services Agreements are available to be picked up at the Purchasing Department at 901-B , Texas Street, Denton, Texas The articles in these agreements cover I Employment II Scope of Services III Additional Services IV Period of Service V Compensation VI Observation and Review of the Work VII Ownership of Documents VIII Independent Contractor IX Indemnity Agreement X Insurance XI Arbitration and Alternative Dispute Resolution XII Termination of Agreement XIII Responsibility for Claims and Liabilities )UV Notices XV Entire Agreement XVI. Severability XVII Compliance with Laws XVIII Discrimination Prohibited )UX Personnel XX Assignability XXI Modification XXII Miscellaneous Since these contracts generally in line with other cities re' rements, it is preferred that the contract issues be addressed in the short list phase Copies will be available to those who need them before submitting the SOQ 6 Statement ofOualWa-tions Evaluation All SOQ's submitted will be evaluated by the City of Denton to determine the qualifications of each firm During the process, the City may request additional information or clarifications from the firms submitting Three firms will be selected for a short list in which oral presentations will be given to the professional staff members of the City of Denton The City of Denton reserves the right to reject any and all SOQ's Submission of an SOQ indicates acceptance by the Firm of the conditions in the RFQ and allows the City of Denton to use any ideas in an SOQ regardless of whether that firm is selected The City iof Denton reserves the sole right to review the SOQ's submitted, waive any irregularities therein and select or reject any or all firms that submitted SOQ's , should it be determined to be in the best interest of the City of Denton The three firms for each project shall be ranked after the oral presentation's The City staff will negotiate the scope of work and fee with the most qualified firm If the City staff and the first choice firm can not reach agreement, the negotiations shall be terminated by obtaining this firms best and final offer in writing which shall be filed at the Purchasing Department City staff shall then begin the process of negotiating the scope of work and fee with the second firm This process will continue until a firm and fee is acceptable to the City Final selection of the firm and approval shall be by the City Council With the approval of the City Council, a contract shall be executed Statement of Qualification Evaluation Criteria: Project Experience 30% Financial Stability And Understanding Project Team 20% Project Schedule and History of On Time Completion of Projects 20% References -Last 5 years (1992 to Present) 10% Creativity, Aesthetics, And Community Theme 10% Statement of Qualifications Submittal Details: 10% Four copies of the Statement of Qualification shall be directed to Tom Shaw, Purchasing Agent 901-B Texas Street, Municipal Service Center Denton, TX 76201 These four copies of your Statement of Qualifications must be received at the above address no later than 2:00'P.M. local time on Tuesday, October 14,1997. All four copies shall be placed in a large sealed device clearly indicating whether your firm is submitting for the Research Parkway Project or the Eagle/Collins Paving and Drainage Project or both L ADDENDUM #1 I� w t (� I ��A7 pppCpppD777���; O � Q .n L x W C O O U_ a> M T v v- O I L cm T v 3 Y v d L U v a> V) a> RFSP # 2110 ADDENDUM # 2 PROFESSIONAL ENGINEERING SERVICES OPENING DATE: OCTOBER 14,1997 ADDENDUM # 2 TO INCLUDE A REQUEST FOR ENGINEERING SERVICES TO DESIGN 3,000 FEET OF TWELVE INCH WATER LINE ALONG RESEARCH PARKWAY. EXHIBIT "B„ BASIC SERVICES Part I - General A The Consultant shall prepare, Design Surveying, Plans, Specifications and Estimates in accordance with the latest editions of the following standards, criteria and guidelines ITEM STANDARDS, CRITERIA, GUIDELINES Design City of Denton Standard Details, NTCOG Blue Book, Denton Amendments to NTCOG Standards, AASHTO CADD HZI CADD Guidelines Specifications City of Denton Cost Estimate HZI Format Design Quality Assurance HZI Design QC Plan Part II - Project Scone and Basic Services Fee A The Project includes preliminary and final construction plans, specifications, and cost estimates for the Research Parkway Improvement Project features as outlined in Exhibit "A" and by the Director, Engineering and Transportation Department, City of Denton I Research Parkway Paving and Drainage Improvements Project features 4 Lane urban roadway extending from Woodrow Lane approx 3000 feet East Drainage improvements including one major creek crossing R O W documents will be provided by City at start of Design Phase ($53,000) 2 12" Waterline along Research Parkway Alignment ($10,370) 3 Woodrow Lane Improvements ($5,400) 4 Recommend Channel Crossing Improvements at Spencer Street N/C PART III - Description of Basic Services A General Administration h\pmpbus devklvlMenlon\exblbb&c con Develop Project Schedule, Exhibit E A Final Project Schedule shall be completed after receiving the notice -to -proceed for the project 2 Meetings Pre -Design Schematic Design review Preliminary Design review Final Plans, Specification and Estimate review Public Meetings (2) B Project Research 1 Acquire information and data The City shall provide the Consultant available Project data 2 Physical Inventory Site Visits 3 Review and Collate CADD Data Load available CADD drawings and check integrity 4 Acquire existing storm sewer and utility plans and data Research available storm sewer and utility plan data from the City of Denton and from the various affected utility companies 5 Utility Coordination Determine the locations of electric, traffic signals, cables, loop detectors, telephone, water, gas or other utilities and how they could affect the intersection improvements Coordinate with NCTCOG, Telephone, TU Electric, Lone Star Gas, TCI Cable and other private/public utilities 6 Coordination with Other Agencies Identify and coordinate with agencies which may have jurisdiction or review interest C Schematic Design Review 1 Prepare a memo documenting concurrence with the Design Concept provided by the City or alternative solutions for each intersection, traffic analysis, and recommendations Give particular attention to R O W alignment to avoid the floodway Respond to and/or incorporate any review comments on the schematic design received from the City of Denton, and private/public utility companies h \proAbm_dMciv11WentonNeahib.W con Part IV - P41iminary Design Submittal A Prepare Preliminary Construction Plans Develop paving plans and profiles of Research Parkway and associated improvements These plans shall be completed using english units These sheets will contain existing topographic information, roadway baselmes, pavement edges, pavement contours where necessary, drainage structures, sidewalks, barriers, and other information necessary for pavement construction Develop miscellaneous roadway details if necessary for driveways, sidewalks, wheelchair ramps or other paving details The Consultant will use City of Denton standard sheets when available The Consultant shall comply with the ADA when preparing all sidewalk and other construction details Develop typical sections for the pavement construction for each of the intersection improvements Prepare cross sections for each intersection with which to quantify earthwork, if needed The cross-section interval will be 50 ft or less, if necessary, to define significant changes in cross-section Complete the necessary sheets and design for storm water pollution prevention for each of the intersections, if needed Develop storm sewer plans and profiles, as necessary, to replace inlets and/or pipes being removed due to intersection widening, if needed Develop traffic control plans and a construction phasing sequence for each intersection improvement Develop bridge or culvert layouts and details, if required Develop illumination pole relocation layout and details Develop water and sewer adjustment layout plans Develop pavement marking and signing layouts and details, as required for each intersection improvement Review City Master Plan to insure improvements are consistent with, and accommodate, features of that plan (including utility relocations) B Specifications Develop an outline for special specifications C Consultant's Estimate of Probable Cost Prepare a Consultant's Preliminary Estimate of Probable Cost for the Preliminary Design D Quantity and Summary Tables Prepare Preliminary Quantity and Summary Tables E Submit Preliminary Design Documents to the City for review The Consultant shall provide one (1) set of reproducibles, one (1) set as bluelines or hard copy, and electronic media of the submittal documents Review by City of Denton and affected utilities F Respond to and/or incorporate review comments provided by the City, and private/public utilities h \propbu"evkiviMenton\ezhll b&c can Part V - Final Plans, Specifications and Estimate (PS&E) Submittal A Develop the plans to a nearly final stage of completion, incorporating prior review comments and making appropriate revisions All quantities shall be computed and summary sheets finalized B Complete special specifications and general notes that will be included with the plans C Develop a Consultant's Estimate of Probable Construction cost for the project D Submit Final Plans, Specifications and Estimate to the City for review The Consultant shall provide one (1) set of reproducibles, one (1) set as bluelines or hard copy, and electronic media of the submittal documents E Respond to or incorporate review comments prepared by the City of Denton Make final revisions to the plans, quantities, summary sheets and cost estimate, as necessary F Make a final PS&E submission of completed plans, specifications and estimate Submittal shall include the mylar originals, one (1) set of prints and an electronic deliverable of the Plans in the format specified Part VI — Construction Activities A The OWNER will award the construction contract and provide contract administration and management of the project B The Project Manager, Kenneth J Hughes, PE, will periodically visit the OWNER and project site during construction to monitor progress and insure that the OWNER is satisfied with the project's design and services provided by the CONSULTANT h tpropbus_devkiviMenton\xxhib•b&c con EXHIBIT "C" ADDITIONAL SERVICES The following additional services are to be provided by the Consultant as part of this Contract Scope of Services Field Survey a Design and Topographic Survey Gather topographic features needed for design of proposed improvements b Dimension Control Tie into the City of Denton horizontal and vertical control points ($8,500) Geotechmcal Reports (Subconsultant) The Consultant will acquire geotechmcal investigations and soil reports for pavement, bridge, and retaining wall design, as necessary ($4,985) Public Involvement (Subconsultant) a Assist in two public meetings b Coordinate public information concerning the Research Parkway project with City of Denton and local media ($2,840) Floodplam Analysis Services a Channel X Sections south of Spencer to 500' north of Research Parkway b Revise HEC2 model (Assumes using COE hydrology) c Survey and submit CLOMR d Survey and submit LOMR (after project completion) ($10,000) h\propbus deJ\clvllWemon\eahibb&c con FFt) u«L i� Li J J d EXHIBIT "D" HUITT-ZOLLARS, INC BASIS FOR PROFESSIONAL FEES AND CHARGES Projects indicated to be performed on a "Time and Materials" basis will be invoiced monthly using actual direct salary cost for the persons working on the project trines a multiplier which is an overhead factor, including profit The current year multiplier is 2 32 The general ranges of direct salary cost for various employees are as follows Senior Officer, Principal $54 00 to $96 00 Architect/Engineer VII, VIII, Officer $40 00 to $54 00 Architect/Engineer IV, V, VI $30 00 to $40 00 Architect/Engineer I, II, IB $21 00 to $30 00 Designer I through Designer Manager $21 00 to $38 00 Tech I through Supervisor $10 00 to $35 00 CADD I through Supervisor $10 00 to $25 00 Document Control Support through Supervisor $10 00 to $20 00 Clerical, Project Support $7 00 to $28 00 SURVEY CREWS WILL BE INVOICED ON AN HOURLY RATE BASIS- 2 Person Total Station Crew 3 Person Crew 4 Person Crew $85 00 $100 00 $115 00 HOURLY BILLING RATES FOR EXPERT WITNESS SERVICES Testimony $250 00 Standby $100 00 Preparation $100 00 REIMBURSABLE EXPENSES WILL BE INVOICED AS FOLLOWS CADD/Computer CPU $17 00/hour Plotter $0 10/minute In House Blue Prints $0 15/SF In House Photocopies $0 06/page Outside Services Cost + 5% Mileage $0 30/mile FAX (Transmittal) $1 00/page FAX (Receive) $0 50/page UPDATE OF RATES* This schedule of rates is subject to annual updates at the end of Huitt-Zollars fiscal year end, January 31, of each year Updated rates shall become effective upon receipt by the Client H "Q BUS-DENCIVILIDENMMPROFESSIONAL FEES AND CHARGES dw j LU E� )L) \ w a. f } R \\ <LL \ $ § & G�= ono n R /i8§)]t)%Mcucu w u—o2 0 §$ §ƒ$®�k)§aNC1404 _ c=§§� kA35423I]/k§¢ U) ) § 6 00 Ce) $ / 2 co E ƒ§ ° ƒ cD < E cƒ c/ 2e �// US c �k u \ U g 7 U L e§ ) t b) f§ =o�,00e=o 2 LL=eo2E o= o c—� �aa8t¥\$£R§%a=�— t ; 2 c n�—c>= >mcu >m @5 <)}3wCL21CLLLCL 3ƒ « j EXHIBIT " F" DELIVERABLE PRODUCTS Field survey notes and ground control Copies of the final Construction Plans for the project on Mylar and in digital format (Autocad) Copies of estimates, general notes, special provisions, and special specifications for the pavement widening and storm dramage improvements in the standard City of Denton format Record Drawings for both contracts in Digital fonnat and on Mylar s�w._a.admammweroram