1997-363 No
oF oF
~AGER TO E~C~ A PROFESSION~ SER~CES CO--CT BE~EN ~
CI~ OF DE~ON ~ ~-ZOLL~S ~ ~E ~O~ OF $95,095 00 ~SP
~2110B - ~SE~CH P~WAY PRO~, ~ PROLOG ~ EF~C~ DA~
~E~AS, Chapt~ 2254 of ~e Tex~ Gov~t Code, ~o~ as the ~ofess~o~l
S~ces ~oc~t Act, ~o~s ~t a C~ ~y not select a ~o~der of ~ofess~on~
s~ces on ~e basra of compe~ve bids but ~ the b~s of &mons~ated competence ~d
q~hficat~on ~d for a fa~ ~d reaso~ble price,
~E~AS, the ~ofess~onal fees ~der ~e proposed con.ct ~e consistent ~ ~d not
hlgh~ ~ ~e reco~ded ~ctlces ~d fees pubhshed by the apphcable ~ofess~onal
assocm~on ~d do not exceed a m~m~ prodded by law, ~d
~E~AS, the C~W Co~c~l ~s prodded in the C1W Budget for the appropna~on of
~nds to be used for ~e p~c~se of ~e se~ces set fo~h m ~e ~oposed con~act, NOW,
~E~FO~,
~E CO~CIL OF ~E CI~ OF D~ON HE.BY O~S
SECTION I. ~at ~e C~ M~ag~ ~s h~eby au~onzed to execute on behalf of the
C~ of Denton, Te~s, as professlo~l s~ces oon~act, subs~Ually the s~e as the con~act
which ls a~ched h~e~ ~d m~de a p~ h~eof for all p~osed, that pro.des s~ces relating to
Engme~ng S~ces, as d~ed m Request for Sealed ~oposal ~2110B Rese~ch P~ay
~o~ect, ~ Hm~-Zoll~s m ~e ~o~t of $95,095 00
SEC~ON II. ~at ~e awed of thru con.ct m one ~e basra of demons~ated
compet~ce ~d q~hficat~ons of ~ prodded of ~ofess~onal se~ces ~der ~s con.act ~d the
ab~h~ of such prowd~ to p~o~ the needed s~ces for a fmr and re~onable price
SEC~ON III ~at thru o~n~ce shall become ~ffecUve ~edmtely upon ~m passage
and ap~oval
, MAYOR
A~ST
~ER W~RS, CI~ SEC~T~Y
APPROVED AS TO LI~GAL FORM
HERBERT L PROUTY, CITY ATTORNEY
2
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 McKanney Street, Denton, Denton County, Texas 76201, hereinafter called
"OWNER" and Hmtt-Zollars, Incorporated, w~th 1ts corporate office at 512 Main Street, Suite
1500, Fort Worth, Texas 76102, hereinafter called "CONSULTANT," acting here~n, 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 w~th the CONSULTANT, as an independent contractor,
and the CONSULTANT hereby agrees to perform the services here~n in connection with the
Project as stated in the sections to fellow, w~th chhgence and in accordance w~th the professional
standards customarily obtained for such services in the State of Texas The professional services
set out here~n are in connectxon w~th the following described project
Research Parkway and Drmnage Improvements
ARTICLE II
SCOPE OF SERVICES
The CONSULTANT shall perform the following services in a professional manner
A The CONSULTANT shall perform professional serwces as necessary and as described in
the OWNER's RFSP//2110, with Addendum #1 and #2, which are attached hereto and
made a part hareof as Exhibit "A" as if written word for word herein
B CONSULTANT shall perform Basic Engineering services set forth m Exhibit "B", which
~s, attached hereto and made a part of this agreement as if written word for word herein
C If there ~s any confhct between the terms of this Agreement and the exhibits attached to
this Agreement, the terms and condltxons of tbas Agreement will control over the terms
and condlttons of the attached extublts or task orders
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ARTICLE III
ADDITIONAL SERVICES
A The following, additional services shall be furmshed by CONSULTANT on a fixed-fee
(lump sum) basis in performance of tlus agreement and as set forth m Exhibit "C", which
is attached hereto and made a part of tbas agreement as if written word for word herein
1 Geotechmcal Services Prowde geotechmcal investigations for the site, including soil
bonngs, related analyses, and recommendations
2 Publ,c Relations Servmes Provade general public relations, services to the OWNER
and CONSULTANT, including public lnfonnanon services and famhtatlng two
public meeting
3 Surveying Services Provide basic field survey, including design and topograpbac
survey and dimension control
4 Floodplmn 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 wntang, are described as follows
1 During the course of the Project, as requested by OWNER, the CONSULTANT will
be available to accompany OWNER's personnel when meeting w~th 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 comphance and regulatory
efforts
2 Assisting OWNER or contractor in the defense or prosecution of litigation in
connection vath or in addition to those servaces contemplated by this Agreement
3 Sampling, testing, or analys~s beyond that specifically included in Basic Services
4 Preparing copies of computer aided drafting (CAD) electromc data bases, dravangs,
or files for the OWNER's use in a future CAD system
5 Appearing before regulatory agencies or courts as an expert w~tness in any litigation
wath third parties or condemnation proceedings arising from the development or
constmctaon of the Project, including the preparation of engineering data and reports
for assistance to the OWNER
If requested by OWNER, addmonal services prescribed an 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 thas agreement as if written word for word herein
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ARTICLE IV
PERIOD OF SERVICE
This Agreement shall become effective upon execution of th~s Agreement by the
OWNER and the CONSULTANT and upon issue of a notice to proceed by the OWNER, and
shall remmn m force for the period wluch may reasonably be required for the completmn of the
ProJect, including Additional Servmes, ~f any, and any required extensions approved by the
OWNER Tins Agreement may be sooner terminated m accordance wath the provasmns hereof
Time as of the essence m this Agreement The CONSULTANT shall make all reasonable efforts
to complete the services set forth hereto as expeditiously as possible and to meet the schedule
estabhshed by the OWNER, acting through ats Cxty Manager or has designee
ARTICLE V
COMPENSATION
A COMPENSATION TERMS
1 "Subcontract Expense" is defined as expenses ~ncarred by the CONSULTANT in
employment of others an outside firms for servmes ~n the nature of Add~taonal
Services
2 "D~rect Non-Labor Expense" is defined as that expense for any assignment
incurred by the CONSULTANT for supplies, transportation and eqmpment,
travel, commumcataons, subsistence, and lodging away from home, and s~mfiar
incidental expenses m connection with that assignment
B BILLING AND PAYMENT
1 BASIC ENGINEERING SERVICES
a For and m consideration of the professaonal servaces to be performed by the
CONSULTANT herein, the OWNER agrees to pay for Basra Services set
forth ~n Extublt "B", a fixed fee, ~ncludmg reimbursement for direct non-labor
expenses not to exceed SIXTY EIGHT THOUSAND SEVEN HUNDRED
SEVENTY DOLLARS ($68, 770 00)
b Partml payments to the CONSULTANT wall be made on the bas~s of detmled
monthly statements rendered to and approved by the OWNER through ~ts City
Manager or has designee, however, under no clmumstances shall any monthly
statement for servmes exceed the value of the work performed at the time a
statement is rendered The OWNER may w~thhold the final five percent (5%)
of the contract amount until completion of the ProJect
c Nothing contmned an this Artacle shall reqmm the OWNER to pay for any
work which ~s unsatisfactory, as reasonably determined by the City Manager
or his designee, or whmh ~s not submatted ~n comphance w~th the terms of this
Agreement The OWNER shall not be required to make any payments to the
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CONSULTANT when the CONSULTANT is ~n default under th~s
Agreement
It is specifically understood and agreed that the CONSULTANT shall not be
authorized to undertake any work pursuant to th~s Agreement which would
requrre add~tmnal payments by the OWNER for any charge, expense, or
reimbursement above the maximum not to exceed fee as stated, wathout first
having obtained written authorization from the OWNER The
CONSULTANT shall not proceed to perform the services listed in Artmle III
"Additional Services," w~thout obtmmng prior written authorization from the
OWNER
2 ADDITIONAL SERVICES
a For specffied additional services authorized by Article III, G of th~s
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 addltaonal 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 spemfied additional services to be
performed by the consultant hare~n, the OWNER agrees to a total fixed fee not to exceed
N][NETY FIVE THOUSAND AND NINETY FIVE DOLLARS ($95,095 00)
D PAYMENT
If the OWNER falls to make payments due the CONSULTANT for servmes and
expenses w~thln sixty (60) days after receipt of the CONSULTANT's undisputed
statement thereof, the amounts due the CONSULTANT vall be ~ncreased by the rate of
one percent (1%) per month from the smd sixtieth (60th) day, and, m addit~on, the
CONSULTANT may, after giwng seven (7) days' written notme to the OWNER,
suspend services under tins Agreement until the CONSULTANT has been prod in full all
amounts due for services, expenses, and charges, provided, however, nothing herein shall
requrre the OWNER to pay the late charge of one percent (1%) set forth hereto ~f 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 w~ll exemlse reasonable care and due ddlgence ~n dlscovenng and
promptly reporting to the OWNER any defects or deficiencies ~n the work of the
CONSULTANT or any subcontractors or subconsultants
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ARTICLE VII
OWNERSHIP OF DOCUMENTS
All documents prepared or furmshed 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 ret/un copies of all such documents The documents prepared and
furnished by the CONSULTANT are intended only to be applicable to tlus 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 tins
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 agmnst any and all liability, claims, demands, damages,
losses, and expenses, including, but not hmlted 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 m this Agreement shall be construed to create a hablhty to any person who ~s not
a party to tins Agreement, and notlung hemm shall waive any of the parties' defenses, both at
law or equity, to any cl/um, cause of action, or htlgatlon filed by anyone not a party to this
Agreement, including the defense of governmental immunity, which defenses are hereby
expressly reserved
ARTICLE X
INSURANCE
Dunng the performance of the services under this Agreement, CONSULTANT shall
m/unt/un the following insurance w~th an insurance company licensed to do business ~n 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 w~th bodily injury limits of not less than
$500,000 for each occurrence and not less than $500,000 in the aggregate, and w~th
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property damage limas of not less than $100,000 for each occurrence and not less than
$100,000 m the aggregate
B Automobile L~ab~hty Insurance vath boddy ~njury hunts of not less than $500,000 for
each person and not less than $500,000 for each accident, and w~th property damage
hm~ts of not less than $100,000 for each accident
C Worker's Compensation Insurance m accordance with statutory reqmrements, and
Employers' Laab~hty Insurance vath hmlts of not less than $100,000 for each acmdent
D Professional Ltabfllty Insurance w~th hrmts of not less than $1,000,000 annual aggregate
E The CONSULTANT shall furmsh insurance cemficates or ~nsurance pohc~as at the
OWNER's request to ewdance such coverages The insurance pohc~es shall name the
OWNER as an add~ttonal ansured on all such pohcmes, and shall contain a provision that
such insurance shall not be canceled or modffied without thirty (30) days' prior written
notate to OWNER and CONSULTANT In such event, the CONSULTANT shall, prior
to the effecttve date of the change or cancellatton, serve substitute pohcles furnishing the
same coverage
ARTICLE XI
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The part,es may agree to settle any d~sputes under th~s Agreement by submitting the
daspute to arbxtrat~on or other means of alternate d~spute resolution, such as medmtton No
arbxtrat~on or alternate dxspute resolution arising out of or relating to this Agreement, revolving
one party's d~sagreement, may include the other party to the disagreement w~thout the other's
approval
ARTICLE XII
TERMINATION OF AGREEMENT
A Notwithstanding any other prows~on of th~s Agreement, e~ther party may tenmnate by
g~vmg thirty (30) days' advance written notice to the other party
B This Agreement may be terminated m whole or m part m the event of e~ther party
substantially fmhng to fulfill ~ts obhgat~ons under this Agreement No such termination
wlll be affected unless the other party ~s g~ven (1) written notme (dehvered by cemfied
mini, remm 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
fmlure, and (2) an opportumty for consultation w~th the terminating party prior to
ternllnatlon
C If the Agreement ~s terminated prmr to completion of the services to be prowded
hereunder, CONSULTANT shall ~mmed~ately cease all servxces and shall render a final
bill for services to the OWNER w~ttun 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
terunnat~on, an accordance vath Artmle V "Compensation" Should the OWNER
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subsequently contract with a new consultant for the continuation of services on the
Project, CONSULTANT shall cooperate m providing information The CONSULTANT
shall turn over all documents prepared or fumlshed by CONSULTANT pursuant to this
Agreement to the OWNER on or before the date of termination, but may maintmn 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
responslblhty and hablhty of the CONSULTANT, its employees, associates, agents,
subcontractors, and subeonsultants for the accuracy and competency of their designs or other
work, nor shall such approval be deemed to be an assumption of such responslballty by the
OWNER for any defect m the design or other work prepared by the CONSULTANT, its
employees, subcontractors, agents, and consultants
ARTICLE XIV
NOTICES
All notices, communications, and reports reqmred or permitted under this Agreement
shall be personally delivered or mailed to the respective parties by depositing same in the United
States marl to the address shown below, certified mall, return receipt requested, unless otherwise
specified herein Mailed notices shall be deemed communicated as of three (3) days' mailing
To CONSULTANT To OWNER
Hmtt-Zollars, Inc City of Denton
Kenneth J Hughes, P E Mr Jerry Clarke, P E
ProJect Manager Director, Engineering and
512 Mmn Street, Suite 1500 Transportation Department
Fort Worth, Texas 76102 215 E McKmney
Denton, Texas 76201
All notates shall be deemed effective upon receipt by the party to whom such notice is
given, or wthln three (3) days' mailing
ARTICLE XV
ENTIRE AGREEMENT
Tlus 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, promxses, representations, negotiations, discussions, communications, and agreements
which may have been made in connection w~th the subject matter hereof
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ARTICLE XVI
SEVERABILITY
If any provision of fins 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 remmnder 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 servlees 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 reqmred under this Agreement Such
personnel shall not be employees or officers of, or have any contractual relations w~th the
OWNER CONSULTANT shall inform the OWNER of any conflict of interest or
potential eonfhct 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 tins Agreement (whether by assignment, novation, or otherwtse) w~thout
the prior written consent of the OWNER
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ARTICLE XXI
MODIFICATION
No wmver or modfficatlon of flus Agreement or of any covenant, cond~taon, or hmltataon
herein contained shall be valid unless ~n wntang and duly executed by the party to be charged
therewith, and no evidence of any wmver or modfficatlon shall be offered or receaved ~n evidence
an any proceeding arising between the partaes hereto out of or affecting thas Agreement, or the
rights or obligations of the parties hereunder, and unless such watver or modification ~s m
wntang and duly executed, and the part,es further agree that the provaslons of thas section will not
be waived unless as set forth herean
ARTICLE XXII
MISCELLANEOUS
A The following exhab~ts are attached to and made a part of thas Agreement
Exhtb~t A - Request for Proposal
Exhtb~t B - Basic Englneenng Servmes
Extub~t C - Addtt~onal Services
Exhibit D - Professional Fees and Charges
Exh~bat E - ProJect Schedule
Exl~b~t F - Dehverable Products
B CONSULTANT agrees that OWNER shall, until the exp~rataon of three (3) years after
the final payment under this Agreement, have access to and the right to examine any
dtrectly pertinent books, documents, papers, and records of the CONSULTANT
anvolvmg transactaons relating to thas 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 ~n order to conduct audits
an comphance w~th flus section OWNER shall g~ve CONSULTANT reasonable advance
notice of antended audits
C Venue of any stat or cause of action under thas Agreement shall he exclusavely ~n Denton
County, Texas This Agreement shall be construed in accordance wath the laws of the
State of Texas
D For the purpose of this Agreement, the key persons who wall perform most of the work
hereunder shall be Mr Kenneth J Hughes, P E However, nothing here~n shall hmlt
CONSULTANT from using other qualffied and competent members of ats firm to
perform the services mqmred hereto
E CONSULTANT shall commence, carry on, and complete any and all projects wath all
appheable dxspateh, m a sound, economaeal, and efficient manner and m accordance wath
the prov~saons hereof In accomphshmg the projects, CONSULTANT shall take such
steps as are appropriate to ensure that the work ~nvolved as properly coordinated w~th
related work being earned on by the OWNER
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F The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's
d~sposal all avatlable mformat~on pertment to the ProJect, mcludmg previous reports, any
other data relative to the ProJect, and arranging for the access thereto, and make all
prov, s, ons for the CONSULTANT to enter xn or upon pubhc and private property as
reqmred for the CONSULTANT to perform services under th~s Agreement
G The captions of th~s Agreement are for ~nformat,onal purposes only, and shall not ~n any
way affect the substantxve terms or condmons of th~s Agreement
IN WITNESS HEREOF, the C,ty of Denton, Texas has caused this Agreement to be
executed by ~ts duly authorized C~ty Manager, and CONSULT,0~NT has executed th~s Agreement
through ~ts duly author, zed undermgned officer on th~s the ~day of December, 1997
CITY OF DENTON, TEXAS
TIeD BENAVIDES, CITY MANAGER
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPRO~'ED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
CONSULTANT
Name ~ JJ~;i'ea~Kl~e
WITNESS T~tle Vtce Premdent
BY
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EXHIBIT "A" w/ADDENDUMS #1 and #2
CITY OF DENTON
RFSP # 2110
PROFESSIONAL ENGINEERING SER VICES
OPENING DATE: OCTOBER 14, 1997
PREPARED BY THE ENGINEERI2qG DEPARTMENT
Request for Statements of Qualifications
The City of Denton, Texas seeks tho services ora Professional Eng~neenng Firm (s) to design
the following
L 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 ~zam~ge Improvements ~
~--~. ResearchParkwayPavmg~e~proveC-m~nts. N)~
This project will be a new street through raw lan esigned usln'~ t e enclosed schematic
~, The deslgu section vail be an urban section of four lanes with a 14' median
* The project will star~ 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 underlp'ound storm sewers vath inlets, otc
* Preliminary ROW Documents vail be available at the star~ of the design phase The
consultant vail not be involved vath the ROW acquisition except as needed to
accommodate design issues hke slope easements, otc
· ,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 vail be designed and constructed to be in one package to guarantee
the compatibility of the drainage systems The Collins Street System drams into the Eagle
system The project will include some phasing for the eastern end of Collins If possible to
impo'ore 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 crusting undersized system (40% capacity) that has to
be augmented w~th a parallel system Fiber optics ems'ts along the north s~de of Eagle
about 5' deep
· The limits of the Eagle system are generally bet'ween 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
· T~he street section for Collins shall be 45' or 41' depending on the ROW acquis~tmn
by-the City of Denton Again, the consultant w~ll be asked to prowde design ~mpacts
that effect the final ROW width and route
+ The need/'or right and left turn lanes are to be studied at US 377, Bernard and Welch
Street
+ Colhns Street bruits are between US 377 and Welch Street The section between
Bernard Street and US 377 w~ll probably be constructed first to address lane ~dth
~ssues Associated drainage will have to be phased also
General Items
Design standards include City of Denton Standard Details, NTCOG Blue Book, Demon
Amendmems to the NTCOG Standards, AASHTO, and at the US 377 Connecuon-TXDOT
Standards
Consultant vall be asked to attend up to two public meeungs for each projea where the project
v~ll be presemed to the adjacent property owners/residents for comment and to the commumty ~n
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 funns for
any expenses incurred in preparing Statements of Quahfications (SOQs) in response to th~s
request SOQ's may be subrmtted for either the Research Parkway Pawng and Dnunage
Improvements Project or the Eagle Drainage and Collins Pawng and Drainage or both The City
of Denton vnll select a short list of 3 firms for each set of projects The City of Denton vall
deterrmne whether to sek.. one or two firms after review of the (~ ~rmation preser~ted by the
short hst firms. The selection vail 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 l~lrms Please hrmt the length of the Statement oigQugJlfiCRtlOnS (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 vail not be considered
1. Proiect Understandln~ -Avvroach and Score o£ 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
Z Project Team'
Provide ~ organizational chart and resume of key personnel and their specific project
assignme~ts for ttus work Resumes should be limited to address experience in projects
slmdar to ones In this RFQ
3 Schedule
Provide a preliminary schedule of the work to be performed Detmled project tasks
breakdowns and the associated schedule is to be prowded only in the short llst phase
4 RelatedProiect F. xverience:
Describe at least 3 projects m the past 3 years similar m size and scope to these projects or
that are currently ongoing Project references are to be provided ~n the short hst phase
including the name, telephone number and fax of the client The specific responsible project
manager should be ~dentffied and should be available to be contacted at the phone numbers
listed ,It is ~mponant that ~s be curren0
$. Pro£essional Servlces At, reement:
The standard City of Denton Professional Services Agreements are available to be pinked up
at the Purchasing Department at 901-B, Texas Street, Denton, Texas The articles in these
agreements cover I Employment II Scope of Serwces HI Additional Semces IV
Period ofServme V Compensation VI Observation and Rewew of the Work VII
Ownership of Documents VIII Independent Contractor IX Indemnity Agreement X
Insurance XI Arbitration and Alternative D~spute Kesoluuon XII TerrmnaUon of
Agreement ~ Responsibility for Claims and Liablhues XIV Notmes XV Entire
Agreement XVI. Severability XVII Comphance with Laws XVIII DlscnminaUon
Pmhtbited XIX Personnel XX Assignability XXI Modificat~on XXII IVl~scellaneous
Since these contracts ~. generally in line w~th other cities re< rements, it is p£eferred that
the contract issues be addressed in the short hst pha~e Copies will be available to those who
-- need them before submitting the SOQ
6 Statemento£Oualifications Evaluation
All SOQ's submitted will be evaluated by the City of Denton to detemune the qualdieations
of each Rrm Dunng the process, the City may request additional reformation or
clarifications fi.om the firms submitting Three firms vnll be selected for a short hst m Much
oral presentations w~ll be given to the professional staffmembers 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 eondmons in the RFQ and allows the City of Denton
to use any ideas in an SOQ regardless of whether that firm is selected
The Cltyiof Denton reserves the sole right to review the SOQ's submit~ed, ~w~ve any
~rregulantles 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 presentauon's The City staff
will negotiate the scope of work and fee with the most qualified firm If the City staffand the
first choice firm can not reach agreement, the negotiations shall be temunated by obtaimng
th~s firms best and final offer in writing Much shall be filed at the Purchasing Department
City r, aff shall then begin the process ofnegouatmg the scope of work and fee with the
second firm This process will continue uatfl 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 Expenence 30% Financial Stability 10%
And Understanding
Project Team 20%
Project Schedule and
I-hstory of On Time
Completion of Projects 20%
References-Last 5 years
(1992 to Present) 10%
Creativity, Aesthetics,
And Commumty Theme 10%
Statement of Qualifications Submittal Details:
Four cop~es of the Statement of Qualification shall be directed to
Tom Shaw, Purchasing Agent
901-B Texas Street, Mumcipal Service Center
Denton, TX 76201
These four cop~es of your Statement of Quahfications must be received at the above address no later
than 2:00'P.M. local tame on Tuesday, October 14, 1997. All four cop~es shall be placed m a large
sealed device clearly indicating whether your firm is submitting for the Research Parkway Project
or the Eagle/Colhns Paving and Drainage Project or both
ADDENDUM #1
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.
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
[ STANDARDS, CRITERIA, GUIDELINES
ITEM
Design City of Denton Standard Details, NTCOG Blue Book,
Denton Amendments to NTCOG Standards, AASHTO
CADD HZI CADD Guidelines
Specifications City of Denton
Cost Estnnate HZI Format
Design Quahty Assurance HZI Design QC Plan
Part II - Prolect Scope and Basic Services Fee
A The Project includes pmhmmary 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 Transportatxon Department, C~ty of Denton
1 Research Parkway Pavmz and Dramane Imorovements
Project features
4 Lane urban roadway extendmg from Woodrow Lane approx 3000 feet East
Drainage ~mprovemants including one major creek crossing
R O W documents will be provided by City at start of Design Phase ($$3,000)
2 12" Waterline along Research Parkway Alignment ($10,370)
3 Wcodrow Lane Improvements ($$,400)
4 Recommend Channel Crossing Improvements at Spencer Street N/C
PART III - Descnptxon of Basic Services
A General Admmistration
1 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
Prallmmary Design review
Final Plans, Specification and Estimate review
Pubhc Meetings (2)
B Project Research
1 Acquire reformation 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
pnvate/pubhc utdmes
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
2 Respond to and/or incorporate any review comments on the schematic design received
from the City of Denton, and private/public utility companies
h ~p r oj~bu s_dev~civl~Je nton~exhlb-b &c con
Part IV - Pmhmmarv Desima Submittal
A Prepare Prehmmary 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 baselines, 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 detmls The Consultant will use City of Denton standard sheets
when avmlable 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 eanh intersection with which to quantify earthwork, if needed The
cross-section interval will be 50 R 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 msure 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 Prelmalnary Estimate of Probable Cost for the Preliminary Design
D Quantity and Summary Tables
Prepare Prelmalnary Quantity and Summary Tables
E Submit Preliminary Design Documents to the City for rewew The Consultant shall provide
one (1) set of reproduclblas, one (1) set as bluehnes or hard copy, and electronic media of the
submittal documents
Review by City of Danton and affected utilities
F Respond to und/or incorporate review comments provided by the City, and private/public
utdltles
h ~p roj~bus_dev~ivil~ient o n~exhlb-b& c con
Part V - Final Plans. Sneclficatlons 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
finahzed
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 reproduc~bles, one (1) set as bluehnes 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
rews~ons 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 V[ - Construction Actlvmes
A The OWNER will award the construction contract and provide contract administration and
management of the project
B The Project Manager, Kenneth ] Hughes, PE, will periodically visit the OWNER and project
site durmg construction to monitor progress and insure that the OWNER is satisfied with the
project's design and serv~cas provided by the CONSULTANT
h kp r ol~bus_dev~iv)l~denton~exhlb-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
1 F~eld Survey
a Design and Topographic Survey
Gather topographic features needed for design of proposed improvements
b Dimension Control
Tie ~nto the C~ty of Denton horizontal and vertical control points ($8,500)
2 Geotechmcal Reports (Subconsultant)
The Consultant w~ll acqmre geotechmcal ~nvestlgattons and so~l reports
for pavement, bridge, and retmnmg wall design, as necessary ($4,985)
3 Public Involvement (Subconsultant)
a Assist in two pubhc meetings
b Coordinate pubhc mfonnat~on concerning the Research Parkway
project with City of Danton and local med~a ($2,840)
4 Floodplain Analys~s Services
a Channel X Sections south of Spencer to 500' north of Research Parkway
b Rewse HEC2 model (Assumes using COE hydrology)
c Survey and submit CLOMR
d Survey and submit LOMR (after project completion) ($10,000)
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 salaq, cost for the persons working on the project tnnes a mulupher which is an
overhead factor, including profit The carrent year multiplier is 2 32 The general ranges of direct
salary cost for various employees are as follows
Semor Officer, Principal $54 00 to $96 00
Architect/Engineer VII, VIII, Officer $40 00 to $54 00
Arch,teet/Engmeer IV, V, VI $30 00 to $40 00
Architect/Engineer I, 1I, III $21 00 to $30 00
Designer I through Designer Manager $21 00 to $38 00
Teeh I through Supervisor $10 00 to $35 00
CADD I through Superv,sor $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 Statton Crew $85 00
3 Person Crew $100 00
4 Person Crew $11.5 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/nnnute
In House Blue Pr, nts $0 15/SF
In House Photocopies $0 06/page
Outside Services Cost + 5%
Mileage $0 30/nnle
FAX (Tmnsnnttal) $1 00/page
FAX (Receive) $0 50/page
UPDATE OF RATES'
This schedule of rotes is subject to annual updates at the end of Hmtt-Zollars rise. al year end,
.lanuary 31, of each year Updated rates shall become effective upon recmpt bY the Cl'ent
EXHIBIT "F"
DELIVERABLE PRODUCTS
1 F~old survey notes and ground control
2 Cop~es of tho final Construcuon Plans for the project on Mylar and m chg~tal format (Autocad)
3 Cop~es of estunates, general notes, spec,al proxuslons, and special spec~flcaUons for the pavement
vndenmg and storm drainage improvements m ~h~ s~dard City of Denton format
4 Re~ord Drawings for both contracts m D~g~tal format and on Mylar