1998-333AN 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 EXPENDITURE 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 eontraot between the City of Denton and Klmley-Horn and Associates, Inc for work on
9,680 feet of 20-tach water line along Bernard and James Streets from Llndsey 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 Ctty Manager ts authorized to make the expenditures as set forth
in the attached contract
SECTION III That this ordinance shall become effecttve tmmediately upon its passage
and approval
JACK Iv~I~R, i~IA'~/D~-''' -
ATTES~
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
S \Our Documonts\Ordmanees\98~K~mley-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 28th day of July, 1998, by and between
the City of Denton, Texas, a Texas mumclpal corporation, with its pnnclpal office at 215 East
Mcganney Street, Denton, Denton County, Texas 76201, hereinafter called "OWNER" and Klmley-
Hem and Associates, Inc vath its corporate office at 801 Cherry Street, State 1100, Fort Worth, Texas
76102, hereinafter called "CONSULTANT," actmg herein, by and through their duly authonzed
representatives
WITNESSETH, that in consideration of the covenants and agreements herein contained, thc
parties hereto do mutually agree as follows
EMPLOYMENT OF CONSULTANT
The OWNER hereby contracts wtth 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 customanly
obtained for such semces m the State of Texas The professional services set out herein are in
connection with the following descnbed project
The Project shall include, without limitation, Project-l, 9,680 feet of 20-tach water line along
Bernard and James Streets from Llndsey to Hobson Road as shown in Exinblt A
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 descnbed in the
OWNER's "CITY OF DENTON REQUEST FOR QUALIFICATIONS FOR 20 INCH
WATERLINE ON BERNARD/JAMES ", winch is attached hereto and made a part hereof as
Exinint "A" as if written word for word herem
B To p~rform those services set forth in CONSULTANT's Proposed Scope of Services, which
proposal is attached hereto and made a part hereof as Exinint "B" as if written word for word
herein
C CONSULTANT shall perform all those services set forth m mdivldual 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 tins Agreement and the exinblts attached to this
Agreement, the terms and conditions of this Agreement will control over the terms and
conditions of the attached ex_inblts or task orders If there is any conflict between Exinblts A and
B, the terms of Exinblt B will control over the terms of Exhibit A
ADDITIONAL SERVICES
Additional services to be performed by the CONSULTANT, if authorized by the OWNER,
winch are not included m the above-descnbed Scope of Services, are described as follows
A Accompanying OWNER's personnel when meeting with the Texas Natural Resource
Conservation Comrmsslon, U S Environmental Protection Agency, or other regulatory agencies,
assist OWNER's personnel on an as-needed basis m prepanng compliance schedules, progress
reports, and provlchng general techmcal support for the OWNER's comphance efforts,
B Assisting OWNER or contractor in the defense or prosecution of htlgatlon in connection with or
in addmon to those services contemplated by this Agreement, such services, if any, to be
furnished by CONSULTANT on a fee basis negotmted by the respective parties outside of and m
adchtton to tins Agreement,
C Sampling, testing, or analys~s beyond that specifically included in Scope of Services,
D Prepanng apphcattons and suppo~ng documents for government grants, loans, or planmng
advances and provl&ng data for detatled applications,
E Appeanng before regulatory agencies or courts as an expert witness in any litigation with third
partl0s or condemnation procecchngs arising from the development or construction of the Project,
including the preparation of angmeenng data and reports for assistance to the OWNER,
F Designing of replacement for the emstmg 8-tach waterline,
G Desigmng of replacement for the existing 8qnch semtary sewer,
H Provlrhng addmonal presentation to the Pubhc Utility Board or the City Council,
I Provtd~ng addmonal easement or ROW acqumtlon,
J Provtdmg construction staking,
K Provtdmg ad&tiunal pnntlng for Inddmg document dlstnbution,
L Provt&ng addmonal documentation required by the OWNER's legal representation dunng
condcmnaUon proceedings
M Providing any easement acqutsmon services beyond the preparation of the easement document
N Obtmn right of entry for easement survey
O Adcht~onal meetnngs dunng construction
P Provtde shop drawing review other than bonng submittals
Page 2
Q Attend the final walk through
PERIOD OF SERVICE
Tins Agreement shall become effective upon execution of tbas Agreement by the OWNER and
the CONSULTANT and upon issue of a notice to proceed by the OWNER, and shall remain m force for
the period wluch may reasonably be reqmred 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 m accordance with the provisions hereof Time is of the essence m this agreement The
CONSULTANT shall make all reasonable efforts to complete the services set forth herein as
expechtiously as possible and to meet the schedule established by the OWNER, acting through ~ts City
Manager or tus designee
ARTICLE V
COMPENSATION
A COMPENSATION TERMS
1 "Subcontract Expense" is defined as expenses incurred by the CONSULTANT ~n
employment of others m outside firms for services xn the nature of geotechmcal
mvestigations, bonng and darectional dnlhng, and easement acqmsitlon
2 "Direct Non-Labor Expense" is defined as that expense for any assignment incurred by
the CONSULTANT for supplies, transportation and equipment, travel, commumcatlons,
subsistence, and lodging away from home, and similar incidental expenses in connection
with that assignment
B BILLING AND PAYMENT For and m consideration of the professional services to be
performed by the CONSULTANT herein, the OWNER agrees to pay the CONSULTANT for the
services set forth m Exbablt B, Scope of Semces, a lump sum mount of $125,100 based on the
per-task lump sum mounts as shown m Exbabit "C' which is attached hereto and made a part of
tbas Agreement as if written word for word herein Tlus is to be the total fee, including
reimbursement for direct non-labor expenses
Pamal payments to the CONSULTANT will be made on the basis of detailed monthly
statemonts rendered to and approved by the OWNER through its City Manager or bas 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 wbach is
unsatisfactory, as reasonably determined by the City Manager or bas designee, or wbach is not
submitted in comphance w~th the terms oftbas Agreement The OWNER shall not be required 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 authorized to
undertake any work pursuant to tbas 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 authonzatmn from the OWNER The CONSULTANT shall not
proceed to perform the services listed in A~lcle III "Additional Services," without obtmnmg
prior written anthonzatlon from the OWNER
B ADDITIONAL SERVICES For additional services authonzed in wnt~ng by the OWNER ~n
Amcle III, the CONSULTANT shall be prod a fee in addition to the lump sum fee This
addttaonal fee as to be based on the hourly rates shown m Extublt "C" Payments for additional
servtees shall be due and payable upon submlssmn by the CONSULTANT, and shall be ~n
accordance with Subsectmn 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 wltlun sixty (60) days after receipt of the CONSULTANT's undisputed statement
thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%)
per month from the smd s~xtieth (60th) day, and, m addition, the CONSULTANT may, after
giving seven (7) days' written notice to the OWNER, suspend services under flus Agreement
until the CONSULTANT has been prod in full all amounts due for services, expenses, and
charges, provided, however, notlung herem shall require the OWNER to pay the late charge of
one percent (1%) set forth hereto if the OWNER reasonably determines that the work is
unsatisfactory, in accordance w~th this Article V, "Compensation '
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due diligence in dlscovenng 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 filnushed by the CONSULTANT and CONSULTANT's
subcontractors or subconsultants pursuant to flus 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 flus Project, and OWNER's use of these
documents m other projects shall be at OWNER's sole risk and expense In the event the OWNER uses
any of the information or materials developed pursuant to this Agreement xn another project or for other
purposes than specified herein, CONSULTANT is released from any and all habflity relating to their use
in that project
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
Page 4
ARTICLE IX
INDEMNITY AGREEMENT
The CONSULTANT shall andemmfy and save and hold harmless the OWNER and ats officers,
agents, and employees from and agoanst any and all llablhty, claims, demands, damages, losses, and
expenses, mcluchng, but not lnmted to court costs and reasonable attorney fees ~ncurred by the OWNER,
and lncludan$, without hm~tatmn, damages for bodily and personal injury, death and property damage,
resulting from the neghgent acts or omtssmns of the CONSULTANT or ars officers, shareholders,
agents, or employees m the execution, operation, or performance of tins Agreement
Noflung m flus Agreement shall be construed to create a habflaty to any person who ~s not a party
to flus Agreement, and nothing herem shall waive any &the partms' defenses, both at law or eqmty, to
any clmm, cause of actmn, or htlgatmn filed by anyone not a party to flus Agreement, including the
defense of governmental lmmumty, winch defenses are hereby expressly reserved
ARTICLE X
INSURANCE
Dunng the performance of the servmes under th~s Agreement, CONSULTANT shall mmntaan
the following ~usuranee with an ~nsurance company hcensed to do busaness an the State of Texas by the
State Insurance Commtasmn or any successor agency that has a rating wath Best Rate Carners of at least
an A- or above
A Comprehensive General Lmbfllty Insurance w~th bochly injury limits of not less than $500,000
for each occurrence and not less than $500,000 ~n the aggregate, and wath property damage hmats
of not less than $100,000 for each occurrence and not less than $100,000 an the aggregate
B Automobile Llablhty Insurance w~th bodily injury limits of not less than $500,000 for each
person and not less than $500,000 for each accident, and wath property damage hmzts of not less
than $100,000 for each accident
C Worker's Compensatmn Insurance m accordance w~th statutory reqmrements, and Employers'
Lmbfl~ty Insurance w~th llnnts of not less than $100,000 for each accident
D Professmnal Lmbflaty Insurance w~th Inmts of not less than $I,000,000 annual aggregate
E The CONSULTANT shall furmsh ~nsuranee certaflcates or insurance pohcms at the OWNER's
request to evidence such coverages Except for the professmnal habfl~ty insurance, the insurance
polm~es shall name the OWNER as an addmonal ansured on all such pohcms, and shall contain a
provasmn that such insurance shall not be canceled or modafied vathout thirty (30) days' prior
written notme to OWNER and CONSULTANT In such event, the CONSULTANT shall, prior
to the effective date of the change or cancellation, serve substitute pohcms furmshmg the same
coverage
Page 5
ARTICLE XI
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parUes may agree to settle any disputes under tins Agreement by subml~ng the d~spute to
arbitration or other means of alternate dispute resolutmn, such as mediation No arbitratlon or altemate
dispute resolutmn arising out of or relating to this Agreement, involving one party's disagreement, may
include the other party to the disagreement vothout the other's approval
TERMINATION OF AGREEMENT
A Notvothstandmg any other provis~on of fins Agreement, either party may terminate by g~vmg
thu'W (30) days' advance written notace to the other party
B Tlus Agreement may be terrmnated in whole or in part in the event of either party substantially
foaling to fulfill its obligations under flus Agreement No such termination will be affected
unless the other party is given (1) written notice (delivered by certified mall, return receipt
requested) of intent to terminate and setting forth the reasons specifying the non-performance,
and not less than flurry (30) calendar days to cure the failure, and (2) an opportumty for
consultation w~th the terminating party pnor to termination
C If the Agreement is tonmnated 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 witlun thmy (30) days after the date of termination The OWNER shall pay
CONSULTANT for all serwces properly rendered and satisfactorily performed and for
reimbursable expenses to termination recurred pnor 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 m
provichng information The CONSULTANT shall turn over all documents prepared or furmshcd
by CONSULTANT pursuant to flus Agreement to the OWNER on or beforc the date of
termination, but may maintain cop~es of such documents for its use
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 moaled to the respective parties by depositing same in the Umted States marl to
the address shown below, certified mml, return receipt requested, unless otherwise specified herein
Mailed notices shall be deemed commumcated as of three (3) days' mailing
Page 6
To CONSULTANT To OWNER
Knnley-Horn and Associates, Inc C~ty of Denton
Glenn Gary, P.E P S Arora, P E, Semor Engineer
801 Cherry S~reet, State 1100 215 East McKmney
Fort Worth, TX 76102 Denton, Texas 76201
All not~cos shall be deemed effective upon receipt by the party to whom such notice is given, or
vathm three (3) days' mmlmg
ENTIRE AGREEMENT
Tins Agreement, consxstmg of 9 pages and 3 exinblts, 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, pronuses, representations,
negotiations, chscnsslons, commumcatlons, and agreements which may have been made in connection
with the subject matter hereof
SEVERABILITY
If any provlsxon of thts Agreement ~s found or deemed by a court of competent j unsdlctlon to be
invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and
shall not cause the remmnder to be invalid or unenforceable In such event, the parties shall reform this
Agreement to replace such stricken provtslun w~th a valid end enforceable promslon wluch comes as
close as possible to expressing the intention of the stricken provision
COMPLIANCE Vv'ITH LAWS
The CONSULTANT shall comply wtth all federal, state, and local laws, roles, regulations, and
ordinances apphcable to the work covered hereunder as they may now read or hereinafter be amended
DISCRIMINATION PROHIBITED
In performing the services required hereunder, the CONSULTANT shall not dlscnmlnate against
any person on the basis of race, color, rehglon, sex, natmnal origin or ancestry, age, or physical
handicap
PERSONNEL
A The CONSULTANT represents that it has or will secure, at its own expense, all personnel
reqmred to perform all the services required under tins 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
dunng the term of th~s Agreement
Page 7
B All sermces r~qmred hereunder will be performed by the CONSULTANT or under ~ts
supervision All personnel engaged m work shall be qualffied, and shall be anthonzed and
permitted under state and local laws to perform such servmes
ARTICLE XX
ASSIGNABILITY
The CONSULTANT shall not asmgn any interest in this Agreement, and shall not transfer any
interest ~n tins Agreement (whether by asmgnment, novation, or otherwise) w~thout the pnor written
consent of the OWNER
MODIFICATION
No wmver or mochficat~on of tlus Agreement or of any covenant, condition, or limitation herem
contained shall be valid unless m wntlng and duly executed by the party to be charged therewith, and no
ewdence of any wmver or mochficatlon shall be offered or received m evidence in any proceeding
arising between the part,es hereto out of or affecting th~s Agreement, or the rights or obhgat~ons of the
parhes hereunder, and unless such watver or mochficatton ~s ~n writing and duly executed, and the
parties further agree that the prows~ons oftlus section will not be wmved unless as set forth hereto
MISCELLANEOUS
A The follovong exlub~ts are attached to and made a part of tins Agreement
1 Exhibit A - C~ty of Denton Request For Quahficat~ons For 20 Inch Waterhne 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 exp~ratton of three (3) years after the final
payment under tlus Agreement, have access to and the nght to exannne any dtrectly perhnent
books, documents, papers, and records of the CONSULTANT mvolwng transactions relating to
tins Agreement CONSULTANT agrees that OWNER shall have access dunng normal worhng
hours to all necessary CONSULTANT facflmes and shall be prowded adequate and appropriate
working space m order to conduct andlts m comphance w~th th~s section OWNER shall g~ve
CONSULTANT reasonable advance notme of intended and~ts
C Venue of any stat or cause of actlon under th~s Agreement shall he exclusively m Denton
County, Texas Ttus Agreement shall be construed ~n accordance w~th the laws of the State of
Texas
D For the purpose of flus Agreement, the key persons who wall perform most of the work
hereunder shall be Glenn Gary - ProJect Manager, Brad Tnbble - QA/QC However, notinng
hereto shall hm~t CONSULTANT from using other quahfied and competent members of ~ts firm
to perform the sermces reqmred 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 w~th the provaslons
hereof In accomphsinng the projects, CONSULTANT shall take such steps as are appropriate
to ensure that the work involved is properly coordinated with related work being earned 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 m or upon public and private property as required for the
CONSULTANT to perform serwces under tins Agreement
G The captions of fi'ns Agreement are for informational purposes only, and shall not in any way
affect the substantive terms or condit~ons of tins Agreement
IN WITNESS HEREOF, the City of Denton, Texas has caused tins Agreement to be executed by
its duly authorized City Manager, and CONSLR.TANT has e~,ecu, ted this Agreement through its duly
authorized undersigned officer on this the ~"'~ day of ~2~z~p./_-- , 19_~
CITY OF DENTON, TEXAS
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
KIMLEY-HO~ AND ASSOCIATES, INC ~
Glenn Gary J
Assistant Secretary
BY
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 frans to provide services to
design 1) appromroately 9,680 feet of 20 inch waterline pnroanly on James and
Bernard (see Exhibit II) and 2) appromroately 2,000 feet of 8 tach and 6 ~nch
waterline to serve the Gayla/Bridges area (see Exhibit III) and 850 feet of 8 tach and
6 inch waterline to serve Carpenter Road (see Exlublt IV)
Denton m aware of each firm's abthties 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 negotlatious ro order of ranking Each firm is encouraged
to becoroe famlhar with the project Feel free to contact the City's designated contact
person who is
P S Arora, P E
Seroor Engroeer
901-A Texas Street
Denton, TX 76201
940-349-8453
II DESCRIPTION OF PROJECTS
A Bernard/James
This project involves approxiroately 9,680 feet of 20 inch waterhne(see ex}ubit
II) The project starts on Lmdsey Street, just west of Fort Worth Drive (US Hwy
377), where there is a 20-roch stubout The waterline runs west on Lmdsey to
Bernard Then it turns south and continues on Bernard (along this route ~t crosses
1-35E) to the railroad The waterline crosses the radroad and continues south on
James to US Hwy 377 The watedroe crosses US Hwy 377 and continues south
along Country Club Road ~M 1830) to the existing 16 inch waterhne at Hobson
I
The major concern of the City of Denton is the crossing of 1-35E The City
anticipates that 1-35E will be wader~reeonstmeted m the future We do not want
to replace tbas crossing The selected firm wall be required to acqmre the required
easements for ttus project At tlus time the only required easements wall be along
FM 1830
B Carpenter Road and Gayla/Bridges Area
The Carpenter Road project consists of approximately 850 feet of 8 tach and 6
tach waterhnes (see exlub~t III) Them are appmmmately a dozen services The
constmetlon of tlus project and the Gayla/Bridges area project ~s funded wath
Community Development Block Grants The C~ty ts funding the surveymg,
design, easement aeqmsttlon and mspeetion Carpenter Road ts a private road and
East McKmney ts a state-highway, easements wall be reqmred Federal
procedures may have to be followed for these aeqmstt~ons
The Gayla/Bridges area project consists of apprommately 2,000 feet of 8 tach and
6qnch waterhne (see exlub~t IV) There are approximately 15 services
III PRE-SUBMITTAL MEETING
None is proposed
IV INFORMATION PROVIDED BY DENTON
None ts proposed at this time beyond what ~s m this RFQ Denton will provide to the
selected firm "as built" or construction drawangs as avmlable along the route of the
two projects Denton crews wall field locate critical underground utilities
V SUBMITTALS
The submittals wall help Denton to select the firm that can best satisfy Denton's
particular needs The submittals must conform to the format prescribed hereto Tlus
wall help Denton to compare the qualities of each f'mn tn key areas and allow the
firms to compete on the most equal basts
LENGTH
The written proposal shall have no more than twenty-five (25) pnnted pages between
the covers Tlus 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 ffthey have a minor amount of pnnting, such as a border You
may use e~ther one s~ded or two sided copying Each page shall be numbered The
document shall be pnnted on 8 ½" x 11" paper Sheets up tc~ 24" x 36" may be
included for graphics These sheets may be e~ther bound or Included ~n a pocket
holder Each sheet wall count as one page of printed document
CONTENTS
Each proposal shall address the areas identified below Additional areas may be
addressed w~tlun the 25 pnnted pages These areas will be labeled and ~neluded ~n an
appendix The areas to be addressed and the expected mformat~on are
Table of Contents
List of Tables, Graphs, ete - Optional
Background - Prowde a brief description of firm's lustory and development
Orgamzatiun - Description of finn's orgamzat~onal structure including various
departments, marketing, accounting, ete Detailed structure of each department ~s
not necessary The department head and the number of employees ~n eanh
division shall be ~neluded An orgamzat~onal chart Is the preferred method of
presentation.
Experience - Prowde a list of proJects of s~mflar scope for which the finn and the
project team prowded engmeenng services Include name of chent, type of
faethty, type of improvement (replacement or expansion), construction cost and
on time performance
Approach - Dasenbe the approach the to complete the proJect if ~t ~s selected
If the engmeenng finn intends to utilize a subcontractor, please ~dentify the work
to be accomphshed, the length of previous professional relationship between the
parties, and an orgamzat~onal chart for the subcontractor
ProJect Team - Provide a hst of all engineers and managers of the design level and
up who vnll be assoctated w~th the proJect Include their pos~tlon w~th the
company, role on the proJect team, percent of their time allocated to flus proJect,
location of their office, list of proJects to wtuch they are currently asstgned,
related experience, etc
Quahty Control - Describe your finns preferred approach to quahty control dunng
design and constmctton The goal ~s to m~mmize the total cost of englneenng and
change orders as well as conslntction cost It is also desirable to minimize the
number of change orders, regardless of cost
3
APPENDIX
Any additional information shall be included in tlus section
SUBMITTAL
Five copies of the proposal shall be addressed and delivered to
Jill Jordan, P.E.
Director Water Uttht~as
901-A Texas Street
Denton, TX 76201
before 3 00 pm , 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 m Monday, June 29, 1998 of
the status of their proposal
VI "SHORT LIST" SELECTION
The WaterAVastewater Engineering Division will form a Selection Committee to
analyze each proposal subrmtted to make a "short list" of firms to be invited for a
presentation Selection criteria used to rate the consultant proposal ~s described
below
A Ouahfications - Appropriate education, training and experience of the
team members and the firm, relative to the type of project
B Pro~ect Manaeer - Ability of project manager to complete project on t~me
and xaatlun budget
C Resourcefulness - Ablhty to work vath Denton's staff as a team, in order
to complete the project
E. FamlhanW - 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
VII PRESENTATION
Presentattous are scheduled for Tuesday, July 8, 1998 from 1-5 p m m the Tratmng
Room at the City of Denton Service Center at 90 l-A Texas Street
Denton will provide one visual aid, an overall map of the Ctty of Denton w~th the
project areas tughhghted An overhead projector will be provtded Each fim~ may
bring and use as many overheads Slides, vtdeos and poster ptctures WILL NOT BE
PER/VlITTED Coptes of ove~'heads must be orovtde~ for the selectton commattee
All information must be commumcated by the wnttan pr~verh~ads, or
verbally
Each firm will bo allowed 30 rmnutes for both thej~resentatton..and questions ~d.
~s..~y,x~ It ~s therefore important to be brief and to the potnt Denton ts tnterested m
what sets your fu-m apart from the others vath respect to Denton's needs, not what
everyone can do the same The presentatton may be made by anyone with the firm,
but the Project Manager must partictpate .Also, a representative of any sub
~contractors must pamcipate The Commtttee reserves ~h~ght to extend th~'sesst~o'~
to satisfy their interest
VIII SELECTION
The Selection Committee intends to make a selectton by the evening of July 15, 1998
Each finn, mcludmg the successful presenter, will be contacted the next day
However, the Selectton Committee reserves the nght to deliberate the submittals for
up to stxty days One finn will be selected to provtde servtces for projects outlined tn
thts RFQ
Selecttun will be based upon ranking Criteria hsted tn Sectton VI will be used as a
guide Each Comnnttee Member will rank the finns according to fins criteria The
Comrmttee will then dtscuss thetr sconng and work toward a consensus The
Committee may modify the process if ctrcumstanees so requtre
If the Committee has any unanswered concerns of critical unportance then the
Committee may postpone their decision A procedure for resolving the concern will
be implemented as soon as possible Every finn will be nottfied of the selectton
process status and informed of what to expect
Denton will then enter into negotlattons with the top ranked finn If an agreement
cannot be reached, then Denton will abandon tts efforts wth that finn and begin
negotiattous with the second ranked finn Tbas process will continue until an
acceptable agreement ts reached or untd the Committee dectdes to send out a new
RFQ
Once successfully negottated, the contract will be processed tn accordance v~th
Denton Charter and code requirements
5
City of Denton
Road
Bemard/Jame~
!
/?
Exhibit 1: Project Locations
/
6,nch ~1~ ~
extension
· ,
6 inch waterline ~ '
extension
~ IExhibit 3: Project Area ,,
1 200
\
\
6 ~nch w~erline
exterJslon ~ '~,~
!
~ / /
'Il//
8 ~n~
~slon
~hibit 4: ~roi~t ~ea ~
EXHIBIT B to Agreement Between
the City of Denton, Texas (OWNER)
and Kanley-Horn and Assoc,ates, Inc
(CONSULTANT) for Professional
Services
SCOPE OlZ SERVICES
This is an exhtbtt at~aehed to, made a part of and meorporated by reference rote the Agreement
between OWNER and CONSULTANT provtdmg for professional englneenng servtces
2 UNDERSIGNED shall prepare consUucUon plans, detatls, spec,ficauons, pernuts, and Optmon
of Probable Constructmn Cost for ~he following
The 20-inch Vd~erline on Bernard/James.
3 Project understanding
20-inch Waterline on Bernard/James
The 20-tach waterhne on Bernard/James ~s approximately 9,680 feet of 20-tach waterline The
general project ahgnment has been predeternuned as stated in the Request For Qualifications
as shown tn Exhibit A.
4 20-inch VV~terline on Bernard/James
'l~ask 1 - Quality Assurance and Quahty Control
Tl~s Task estabhshes the Quahty Control and Quahty Assurance plan and provides for quahty
control and quality assurance {hrough the project duraUon
A ProJect Planning
lB Estabhsh Quality Assurance and Quahty Control Plan (QA/QC)
C Kick-off meeting with the OWNER
D Quahty Assurance and Quality Control at mile stones designated tn the QA/QC Plan
E Servtces provtdnd by OWNER
! At~end Kick-off meeting
F Dehverablee
1 Quality Assurance and Quahty Control Plan
Page I
Task 2 - Routmg/Ahgnment (Bernard/Jnmes)
The Rou~ng/Ahgnment Task is to prowde additional coordination prior to the survey and
geotecluucal mvust~gat~ons Professional ~erv~ces under thts task shall include
A Collect data on ex~stmg ualtaes and mfrastrueture along the proposed water hne route
gamley-Horn wdl coordinate w~th the Ollowmg
C~ty of Denton Utflmes
2 C~ty of Denton Engineering DeparUnent
3 GTE
4 Lone Star Gas
5 TXDOT
6 Umon Pae~fic Railroad
7 Marcus Cable
B Provtde recommendaaon for ahgnment of proposed 20-meh waterhne, including ahgnment for
bores across lughways, railroads, and creeks
C Provide reeommendaaons for easements to be acquired
D Prepare Optmon of Probable Cons~rucaon Cost
E Attend one meeang to present results and debverables and recetve comments
F Services provided by OWNER
Provide water, sewer, storm sewer, and eleetrtc locaaons
2 Provtde ex~stmg mformat~on meluchng record drawings, and co~truct~on plans
3 Provide comments on Routing and Ahgnment Report
G Dehverablus
I 3 - copies of the Letter Report w~th finchngs of the Routing and Ahgnment Study
2 3 - coplus of the Extub~t showing prehnunary abgnment and proposed easement
aeqms~t~on
3 3 - eoptes of the Op~mon of Probable CoustrucUon Cost
Task 3 - Prehmmary Design (Bernard/James)
Once the Rou~ng and Ahgnment Report has been approved by the OWNER, K~mley-Horn will
proceed wtth +.he Prehtmnary Design or 60% plans and spec~ficat~ous The Prehnunary Dus~gn
wtll tn¢lude
A Survey
B Geotochmcal investigation
C Prehmmary bormg calculauons
D Preparation of easement legal descHpt~ous and exlub~ts
E Coordmaaon with u~lmes and ROW holders
I GTE
2 Denton Mumctpal Uulxt~es
3 Denton Engineer
4 TxDOT
Page 2
5 Umon Paeffie Railroad
Lone Star Gas
7 Marcus Cable
Preparation of Opimon of Probable Construction Cost
Preparatmn for and attendance at one neighborhood meeang
Preparaaon of Prehnunary Plans (plan view only)
Preparation of Spoefficaaon Outline
Attendance at one meeting to d~scnss OWNER's comments
Services provided by OWNER
1 Sample Contract Documents and Spoefficatmns
2 Review and comments on Preliminary Design
Deliverables
1 3 - copies of the Preliminary Construetmn Plans (plan view only)
2 3 - copies of the Spoelficatlon Outline melu&ng material selectmn
3 3 - copies of the Oplmon of Probable Constructmn Cost
4 1- copy of the Geotechmcal Report
Task 4 - Final Design (Bernard/James)
Once the Prehminary Design bas been approved by the OWNER, I(amley-Horn will proceed with
the Final Design or 95% plans and specfficanons The Final Design will include
A Prepare en~neermg plans and specfficauons and construcuon contract documents ~n
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 1" =40' horizontal, and 1" = 4'
veracal Specifications shall include technical specificauons for materials and mslallaUon of
the proposed fa¢lhtles We anlaelpate approxamately 15 sheets of plans for the 20-inch
waterline The contract documents shall follow the City of Denton requirements for public
worka construcUon
B Submit to the OWNER 95 ,% complete plans, specfficatmns, contract documents, and Oplmon
of Probable Construction Cost for review and comment
C Attend one mee~ng to present 95`% design and dehverables
D Attend one meeung to ahscnss OWNER's comments
E Prepare for and attend one public uaht~es Board Meeting
F Prepare and subnut Railroad Pernuts apphcaaons
G Prepare and submit Highway Pernuts appbcatmns
H Make subrmtlals to the franctuse utility compames
I Submit final plans to appropriate regulatory agencies ~r review
$ Make revisions based on the OWNER's review of the 95,% subrmttal
K Services provided by OWNER
I Review and comment on Final Design
L Deliverables
1 3 - copies of the 95,% Construction Plans and Specifications
2 3 - copies of the Opimon of Probable Construcaon Cost
Page 3
3 3 - copies of a letler addressing OWNER's comments
4 3 - copies of the Final Construction Plans and Specifications
5 I - Copy of Reproducible Bidding Documents (Plans and Speclficatmns)
Task 5 - Bidding (Bernard/James)
Professional services under flus phase shall include
A Issue addenda as appropriate to interpret, clarify or expand the bidding documents
B Attend the bid opemng
C Services pr~lded by OWNER
Bidding document reproduction and distribution
2 Advertising
3 Tabulations and con,'act execution
Task 6 - Construction Contract Adm~mstratlon (Bernard/James)
Servmes under this phase revolve consulting w~th and advising the CITY during constxuct~on and
are hrmted to those semces associated with construction contract adnumstration 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 Tins item includes bonng submittals only
C Issue necessary interpretations and clanficaUons of contract documents
D Prepare documentation required to resolve problems due to actual field conditions
encountered
E Prepare record dravnngs based on the comments provided by the OWNER and the cen~ctor
Since IOmley-Horn vnll not be provnlmg conslructlon observation services, we will not seal
the record drawings
F Services provided by OV~qqER
Daily project inspection
2 Review and process monflfly pay estimates
3 Prepare change orders
4 Shop drawing review not provided by consultant
G Hold construction meetings
H Resolve construction related issues
I Dehverable
I I - Copy of Record Drawings
2 I - Reproducible set of Record Drawings
3 I - Eleetromc set of Record Drawings
Page 4
5 Schedule
We wall perform these services upon receipt of an executed copy of th~s agreement and a Not~ce
To Proceed We wdl endeavor to meet your scheduhng needs We ant~ctpate the fol|owmg
schedule for each task
Task 1 - Quahty Control and Quahty Assurance
gack-off meeting after no[ace to proceed 10 days
The remainder of the task wdl be earned out - - -
throughout the duration of the project
Task 2 - Routing/Alignment (Bernnrd/Jnmes)
Report delivered to CITY, days after 30 days
the k~ckoff meeting
~hsk 3 - Prellnunary Design (Bernard/James)
Dehvery of Prehnunary Design report, days after 45 days
the approval of the Routing and Ahgnment Report
Task 4 - F'mal Design
Dehv~ry of 95 % plans, days after 45 days
approval of the Prehnunary Design
Dehvery of final plans, days after the 30 days
receipt of eommen~s on the 95% plans
Task 5 - Biddmg
On-going w~th b[ddang - - -
Task 6 -Construct[on Contract Admmtstrat~on
On-gomg wtth eonstroct~on - - -
END OF EXHIBIT B
Page 5
EXHIBIT C to Agreement Between
the C~ty of Denton Texas
(OWNER) and Kmfley-Horn and
Associates [nc (CONSULTANT)
for Professtonal Servmes
COMPENSATION
T[ns is an exlu[nt atlached to, made a part of and mco~,porated by reference rote the Agreement
between OWNER and CONSULTANT proxadmg for professional engineering services
2 CONSULTANT will accomphsh tho work outlined m Tasks I - 11 presented tn Exhibit "B of this
Agreement for a lamp sam fee of $125,100 for all scope of serwces and ~hreet expenses associated
with the same
The lump sum fee is composed of the following
Task I - Quahty Control and Quahty Assurance $11,700
Task 2 - Routmg/Ahgnment (Bernard/Samos) $12,500
Task 3 - Prelunmary Design (Bemard/Jam~) $ 52,800
Task 4 - Final Design (Bemard/Jamas) $ 40 200
Task 5 -Btddmg (Bemard/Jamas) $ 1 600
Task 6 - Construction Contract AdmuusWation (Bernard/James) $ 6 300
3 CONSULTANT vail mvmce the OWNER for the value of the pamally completed sermce.s, according
to the services accomphshed each month on a propomonal bas~s to the overall project
4 Due to the dffiiculty m defining a fimte Scope of Sermces for Adthtional Sermces CONSULTANT
will prowde the sermces described m Amole ~I, Additmnal Serwces on a labor fee plus expense basis
Labor fees a~e to be computed on the bas~s of labor hours charged to the project and the IQmley-Hom
Bdlmg Rate Schedule m effect at the lane semcea are rendered The current Knnley-Hom Billing
Rate Schedule ~s shown below Dtreat reunbumable expensea such as express mall, fees, out-of-town
nuleage (trips m excess of 100 nules) and other duect expenses will be billed at I 15 tunes cost An
amount equal to sm percent (6%) of the labor fees vnll be added to each mvmce to cover certain other
alu'eot expenses such as m-house duphcatmg and bluepnnang, facsmule, local nuleage, telephone,
poslage, and word processing computer nme Tecluucal use of computers for design, analys~s, and
graplacs, etc vail be balled at $25 00 per hour All pemuttmg, apphcatmn, and sumlar project fees
will be paid dtrect by the OWNER
Page I
CURRENT HOURLY RATE SCHEDULE
Project Manager $115 to $160
Semor Engineer $110 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 Techmctan $45 to $75
Clerical $35 to $45
Survey
3-man crew $150
2-man crew $95
Computer $25
Effecttve through July 1, 1999
END OF EXHIBIT C
Page 2