7850-006 - Contract Executed
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
DocuSign Envelope ID: D6EDC42C-8E59-4283-9266-BF22D9C78389
Erica Garcia
Not Applicable
PSA
Hickory Creek Regional Trail
7850-006
AUGUST 1, 2023
N/A
23-1417
City of Denton, Texas
Professional Services Agreement
Revised Date: 3/22/22
Page 1 of 19
STANDARD AGREEMENT FOR LANDSCAPE ARCHITECTURAL RELATED
PROFESSIONAL SERVICES
This AGREEMENT is between the City of Denton, a Texas home-rule municipality
("CITY"), and Halff Associates Inc. with its corporate office at 1201 North Bowser Road,
Richardson, TX 75081 and authorized to do business in Texas, ("LANDSCAPE
ARCHITECT"), for a PROJECT generally described as: Hickory Creek Regional Plan (the
"PROJECT").
SECTION 1
Scope of Services
A. The CITY hereby agrees to retain the LANDSCAPE ARCHITECT, and the
LANDSCAPE ARCHITECT hereby agrees to perform, professional architectural
services set forth in the CITY’s Scope of Services attached hereto as Attachment A
and the LANDSCAPE ARCHITECT’s proposal attached hereto as Attachment A.
These services shall be performed in connection with the PROJECT.
B. Additional services, if any, will be requested in writing by the CITY. CITY shall not
pay for any work performed by LANDSCAPE ARCHITECT or its consultants,
subcontractors and/or suppliers that has not been ordered in advance and in writing.
It is specifically agreed that LANDSCAPE ARCHITECT shall not be compensated for
any additional work resulting from oral orders of any person.
SECTION 2
Compensation and Term of Agreement
A. The LANDSCAPE ARCHITECT shall be compensated for all services provided
pursuant to this AGREEMENT in an amount not to exceed $185,700 in the manner
and in accordance with the fee schedule as set forth in Attachment B. Payment shall
be considered full compensation for all labor, materials, supplies, and equipment
necessary to complete the services described in Attachment A.
B. Unless otherwise terminated pursuant to Section 6. D. herein, this AGREEMENT shall
be for a term beginning upon the effective date, as described below, and shall continue
for a period which may reasonably be required for the completion of the PROJECT,
until the expiration of the funds, or completion of the PROJECT and acceptance by the
CITY, whichever occurs first. LANDSCAPE ARCHITECT shall proceed diligently with
the PROJECT to completion as described in the PROJECT schedule as set forth in
Attachment B.
SECTION 3
Terms of Payment
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City of Denton, Texas
Professional Services Agreement
Revised Date: 3/22/22
Page 2 of 19
Payments to the LANDSCAPE ARCHITECT will be made as follows:
A. Invoice and Payment
(1) The Landscape Architect shall provide the City sufficient documentation,
including but not limited to meeting the requirements set forth in the PROJECT
schedule as set forth in Attachment B to reasonably substantiate the invoices.
(2) The LANDSCAPE ARCHITECT will issue monthly invoices for all work
performed under this AGREEMENT. Invoices for the uncontested performance
of the particular services are due and payable within 30 days of receipt by City.
(3) Upon completion of services enumerated in Section 1, the final payment of any
balance for the uncontested performance of the services will be due within 30
days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested will
be withheld from payment, and the undisputed portion will be paid. The CITY
will exercise reasonableness in contesting any bill or portion thereof. No
interest will accrue on any contested portion of the billing until mutually resolved.
(5) If the CITY fails to make payment in full to LANDSCAPE ARCHITECT for
billings contested in good faith within 60 days of the amount due, the
LANDSCAPE ARCHITECT may, after giving 7 days' written notice to CITY,
suspend services under this AGREEMENT until paid in full. In the event of
suspension of services, the LANDSCAPE ARCHITECT shall have no liability to
CITY for delays or damages caused the CITY because of such suspension of
services.
SECTION 4
Obligations of the LANDSCAPE ARCHITECT
A. General
The LANDSCAPE ARCHITECT will serve as the CITY's professional architect
representative under this AGREEMENT, providing professional architectural consultation
and advice and furnishing customary services incidental thereto.
B. Standard of Care
The LANDSCAPE ARCHITECT shall perform its services:
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City of Denton, Texas
Professional Services Agreement
Revised Date: 3/22/22
Page 3 of 19
(1) with the professional skill and care ordinarily provided by competent architects
practicing in the same or similar locality and under the same or similar
circumstances and professional license; and
(2) as expeditiously as is prudent considering the ordinary professional skill and
care of a competent architect.
C. Subsurface Investigations
(1) The LANDSCAPE ARCHITECT shall advise the CITY with regard to the
necessity for subcontract work such as special surveys, tests, test borings, or
other subsurface investigations in connection with design and architectural work
to be performed hereunder. The LANDSCAPE ARCHITECT shall also advise
the CITY concerning the results of same. Such surveys, tests, and
investigations shall be furnished by the CITY, unless otherwise specified in
Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test points and
sample intervals and at locations other than where observations, exploration,
and investigations have been made. Because of the inherent uncertainties in
subsurface evaluations, changed or unanticipated underground conditions may
occur that could affect the total PROJECT cost and/or execution. These
conditions and cost/execution effects are not the responsibility of the
LANDSCAPE ARCHITECT.
D. Preparation of Architectural Drawings
The LANDSCAPE ARCHITECT will provide to the CITY the original drawings of all plans
in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise
approved by CITY, which shall become the property of the CITY. CITY may use such
drawings in any manner it desires; provided, however, that the LANDSCAPE ARCHITECT
shall not be liable for the use of such drawings for any project other than the PROJECT
described herein.
E. Architect's Personnel at Construction Site
(1) The presence or duties of the LANDSCAPE ARCHITECT 's personnel at a
construction site, whether as on-site representatives or otherwise, do not make
the LANDSCAPE ARCHITECT or its personnel in any way responsible for those
duties that belong to the CITY and/or the CITY's construction contractors or
other entities, and do not relieve the construction contractors or any other entity
of their obligations, duties, and responsibilities, including, but not limited to, all
construction methods, means, techniques, sequences, and procedures
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City of Denton, Texas
Professional Services Agreement
Revised Date: 3/22/22
Page 4 of 19
necessary for coordinating and completing all portions of the construction work
in accordance with the AGREEMENT Documents and any health or safety
precautions required by such construction work. The LANDSCAPE
ARCHITECT and its personnel have no authority to exercise any control over
any construction contractor or other entity or their employees in connection with
their work or any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the LANDSCAPE ARCHITECT or its personnel shall have no
obligation or responsibility to visit the construction site to become familiar with
the progress or quality of the completed work on the PROJECT or to determine,
in general, if the work on the PROJECT is being performed in a manner
indicating that the PROJECT, when completed, will be in accordance with the
AGREEMENT Documents, nor shall anything in the AGREEMENT Documents
or this AGREEMENT between CITY and LANDSCAPE ARCHITECT be
construed as requiring LANDSCAPE ARCHITECT to make exhaustive or
continuous on-site inspections to discover latent defects in the work or
otherwise check the quality or quantity of the work on the PROJECT. If the
LANDSCAPE ARCHITECT makes on-site observation(s) of a deviation from the
AGREEMENT Documents, the LANDSCAPE ARCHITECT shall inform the
CITY.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth in
the Scope of Services, the LANDSCAPE ARCHITECT shall be entitled to rely
upon such certification to establish materials, systems or equipment and
performance criteria to be required in the AGREEMENT Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The LANDSCAPE ARCHITECT shall provide opinions of probable costs based
on the current available information at the time of preparation, in accordance
with Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility projections,
and schedules for the PROJECT, the LANDSCAPE ARCHITECT has no control
over cost or price of labor and materials; unknown or latent conditions of
existing equipment or structures that may affect operation or maintenance
costs; competitive bidding procedures and market conditions; time or quality of
performance by third parties; quality, type, management, or direction of
operating personnel; and other economic and operational factors that may
materially affect the ultimate PROJECT cost or schedule. Therefore, the
LANDSCAPE ARCHITECT makes no warranty that the CITY's actual
PROJECT costs, financial aspects, economic feasibility, or schedules will not
vary from the LANDSCAPE ARCHITECT 's opinions, analyses, projections, or
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City of Denton, Texas
Professional Services Agreement
Revised Date: 3/22/22
Page 5 of 19
estimates.
G. Construction Progress Payments
Recommendations by the LANDSCAPE ARCHITECT to the CITY for periodic construction
progress payments to the construction contractor will be based on the LANDSCAPE
ARCHITECT 's knowledge, information, and belief from selective sampling and
observation that the work has progressed to the point indicated. Such recommendations
do not represent that continuous or detailed examinations have been made by the
LANDSCAPE ARCHITECT to ascertain that the construction contractor has completed the
work in exact accordance with the AGREEMENT Documents; that the final work will be
acceptable in all respects; that the LANDSCAPE ARCHITECT has made an examination
to ascertain how or for what purpose the construction contractor has used the moneys
paid; that title to any of the work, materials, or equipment has passed to the CITY free and
clear of liens, claims, security interests, or encumbrances; or that there are not other
matters at issue between the CITY and the construction contractor that affect the amount
that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information compiled
and furnished by others, and may not always represent the exact location, type of various
components, or exact manner in which the PROJECT was finally constructed. The
LANDSCAPE ARCHITECT is not responsible for any errors or omissions in the
information from others that is incorporated into the record drawings.
I. Right to Audit
(1) LANDSCAPE ARCHITECT agrees that the CITY shall, until the expiration of
five (5) years after final payment under this AGREEMENT, have access to and
the right to examine and photocopy any directly pertinent books, documents,
papers and records of the LANDSCAPE ARCHITECT involving transactions
relating to this AGREEMENT. LANDSCAPE ARCHITECT agrees that the CITY
shall have access during normal working hours to all necessary LANDSCAPE
ARCHITECT facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this
section. The CITY shall give LANDSCAPE ARCHITECT reasonable advance
notice of intended audits.
(2) LANDSCAPE ARCHITECT further agrees to include in all its subconsultant
agreements hereunder a provision to the effect that the subconsultant agrees
that the CITY shall, until the expiration of five (5) years after final payment
under the subcontract, have access to and the right to examine and photocopy
any directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that the
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City of Denton, Texas
Professional Services Agreement
Revised Date: 3/22/22
Page 6 of 19
CITY shall have access during normal working hours to all subconsultant
facilities, and shall be provided adequate and appropriate work space, in order
to conduct audits in compliance with the provisions of this section together with
subsection (3) hereof. CITY shall give subconsultant reasonable advance notice
of intended audits.
(3) LANDSCAPE ARCHITECT and subconsultant agree to photocopy such
documents as may be requested by the CITY. The CITY agrees to reimburse
LANDSCAPE ARCHITECT for the cost of copies at the rate published in the
Texas Administrative Code in effect as of the time copying is performed.
J. INSURANCE
(1) LANDSCAPE ARCHITECT’S INSURANCE
a. Commercial General Liability – the LANDSCAPE ARCHITECT shall
maintain commercial general liability (CGL) and, if necessary,
commercial umbrella insurance with a limit of not less than
$1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If
such Commercial General Liability insurance contains a general
aggregate limit, it shall apply separately to this PROJECT or location.
i. The CITY shall be included as an additional insured with all rights
of defense under the CGL, using ISO additional insured
endorsement or a substitute providing equivalent coverage, and
under the commercial umbrella, if any. This insurance shall apply
as primary insurance with respect to any other insurance or self-
insurance programs afforded to the CITY. The Commercial
General Liability insurance policy shall have no exclusions or
endorsements that would alter or nullify: premises/operations,
products/completed operations, contractual, personal injury, or
advertising injury, which are normally contained within the policy,
unless the CITY specifically approves such exclusions in writing.
ii. LANDSCAPE ARCHITECT waives all rights against the CITY and
its agents, officers, directors and employees for recovery of
damages to the extent these damages are covered by the
commercial general liability or commercial umbrella liability
insurance maintained in accordance with this AGREEMENT.
b. Business Auto – the LANDSCAPE ARCHITECT shall maintain business
auto liability and, if necessary, commercial umbrella liability insurance
with a limit of not less than $1,000,000 each accident. Such insurance
shall cover liability arising out of “any auto”, including owned, hired, and
non-owned autos, when said vehicle is used in the course of the
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City of Denton, Texas
Professional Services Agreement
Revised Date: 3/22/22
Page 7 of 19
PROJECT. If the architect owns no vehicles, coverage for hired or non-
owned is acceptable.
i. LANDSCAPE ARCHITECT waives all rights against the CITY and
its agents, officers, directors and employees for recovery of
damages to the extent these damages are covered by the
business auto liability or commercial umbrella liability insurance
obtained by LANDSCAPE ARCHITECT pursuant to this
AGREEMENT or under any applicable auto physical damage
coverage.
c. Workers’ Compensation – LANDSCAPE ARCHITECT shall maintain
workers compensation and employers liability insurance and, if
necessary, commercial umbrella liability insurance with a limit of not less
than $100,000.00 each accident for bodily injury by accident or
$100,000.00 each employee for bodily injury by disease, with
$500,000.00 policy limit.
i. LANDSCAPE ARCHITECT waives all rights against the CITY and
its agents, officers, directors and employees for recovery of
damages to the extent these damages are covered by workers
compensation and employer’s liability or commercial umbrella
insurance obtained by LANDSCAPE ARCHITECT pursuant to
this AGREEMENT.
d. Professional Liability – LANDSCAPE ARCHITECT shall maintain
professional liability, a claims-made policy, with a minimum of
$1,000,000.00 per claim and aggregate. The policy shall contain a
retroactive date prior to the date of the AGREEMENT or the first date of
services to be performed, whichever is earlier. Coverage shall be
maintained for a period of 5 years following the completion of the
AGREEMENT. An annual certificate of insurance specifically referencing
this PROJECT shall be submitted to the CITY for each year following
completion of the AGREEMENT.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the LANDSCAPE ARCHITECT
has obtained all required insurance shall be attached to this
AGREEMENT prior to its execution.
b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, subject to any defense provided by the policy, as its
interests may appear. The term CITY shall include its employees,
officers, officials, agents, and volunteers as respects the contracted
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City of Denton, Texas
Professional Services Agreement
Revised Date: 3/22/22
Page 8 of 19
services.
c. Certificate(s) of insurance shall document that insurance coverage
specified in this AGREEMENT are provided under applicable policies
documented thereon.
d. Any failure on part of the CITY to attach the required insurance
documentation hereto shall not constitute a waiver of the insurance
requirements.
e. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Notice shall be sent
to the respective Department Director (by name), City of Denton, 901
Texas Street, Denton, Texas 76209.
f. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A:V or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength
and solvency to the satisfaction of Risk Management.
g. Any deductible or self insured retention in excess of $250,000.00 that
would change or alter the requirements herein is subject to approval by
the CITY in writing, if coverage is not provided on a first-dollar basis. The
CITY, at it sole discretion, may consent to alternative coverage
maintained through insurance pools or risk retention groups. Dedicated
financial resources or letters of credit may also be acceptable to the
CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation
in favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring
expense, to review the LANDSCAPE ARCHITECT 's insurance policies
including endorsements thereto and, at the CITY's discretion; the
LANDSCAPE ARCHITECT may be required to provide proof of
insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims-made basis, shall contain a retroactive date coincident with or
prior to the date of the AGREEMENT. The certificate of insurance shall
state both the retroactive date and that the coverage is claims-made.
k. Coverages, whether written on an occurrence or claims-made basis,
shall be maintained without interruption nor restrictive modification or
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City of Denton, Texas
Professional Services Agreement
Revised Date: 3/22/22
Page 9 of 19
changes from date of commencement of the PROJECT until final
payment and termination of any coverage required to be maintained after
final payments.
l. The CITY shall not be responsible for the direct payment of any
insurance premiums required by this AGREEMENT.
m. Sub consultants and subcontractors to/of the LANDSCAPE ARCHITECT
shall be required by the LANDSCAPE ARCHITECT to maintain the same
or reasonably equivalent insurance coverage as required for the
LANDSCAPE ARCHITECT. When sub consultants/subcontractors
maintain insurance coverage, LANDSCAPE ARCHITECT shall provide
CITY with documentation thereof on a certificate of insurance.
K. Independent Consultant
The LANDSCAPE ARCHITECT agrees to perform all services as an independent
consultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of
respondeat superior shall not apply.
L. Disclosure
The LANDSCAPE ARCHITECT acknowledges to the CITY that it has made full disclosure
in writing of any existing conflicts of interest or potential conflicts of interest, including
personal financial interest, direct or indirect, in property abutting the proposed PROJECT
and business relationships with abutting property cities. The LANDSCAPE ARCHITECT
further acknowledges that it will make disclosure in writing of any conflicts of interest that
develop subsequent to the signing of this AGREEMENT and prior to final payment under
the AGREEMENT.
M. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or suspected,
the LANDSCAPE ARCHITECT will stop its own work in the affected portions of
the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the LANDSCAPE ARCHITECT to assist in obtaining the services of a
qualified subcontractor to manage the remediation activities of the PROJECT.
N. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published design
criteria and/or current architectural practice standards which the LANDSCAPE
ARCHITECT should have been aware of at the time this AGREEMENT was executed, the
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City of Denton, Texas
Professional Services Agreement
Revised Date: 3/22/22
Page 10 of 19
LANDSCAPE ARCHITECT shall revise plans and specifications, as required, at its own
cost and expense. However, if design changes are required due to the changes in the
permitting authorities' published design criteria and/or practice standards criteria which are
published after the date of this AGREEMENT which the LANDSCAPE ARCHITECT could
not have been reasonably aware of, the LANDSCAPE ARCHITECT shall notify the CITY
of such changes and an adjustment in compensation will be made through an amendment
to this AGREEMENT.
O. Schedule
LANDSCAPE ARCHITECT shall manage the PROJECT in accordance with the schedule
developed per Attachment B to this AGREEMENT.
P. Equal Opportunity
(1) Equal Employment Opportunity: LANDSCAPE ARCHITECT and
LANDSCAPE ARCHITECT’s agents shall engage in any discriminatory
employment practice. No person shall, on the grounds of race, sex, sexual
orientation, age, disability, creed, color, genetic testing, or national origin, be
refused the benefits of, or be otherwise subjected to discrimination under any
activities resulting from this AGREEMENT.
(2) Americans with Disabilities Act (ADA) Compliance: LANDSCAPE
ARCHITECT and LANDSCAPE ARCHITECT’s agents shall not engage in any
discriminatory employment practice against individuals with disabilities as
defined in the ADA.
SECTION 5
Obligations of the City
A. City-Furnished Data
LANDSCAPE ARCHITECT may rely upon the accuracy, timeliness, and completeness of
the information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the LANDSCAPE ARCHITECT as required
for the LANDSCAPE ARCHITECT 's performance of its services. The CITY will perform,
at no cost to the LANDSCAPE ARCHITECT, such tests of equipment, machinery,
pipelines, and other components of the CITY's facilities as may be required in connection
with the LANDSCAPE ARCHITECT 's services. The CITY will be responsible for all acts of
the CITY's personnel.
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City of Denton, Texas
Professional Services Agreement
Revised Date: 3/22/22
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C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and
pay for all advertisements for bids; permits and licenses required by local, state, or federal
authorities; and land, easements, rights-of-way, and access necessary for the
LANDSCAPE ARCHITECT 's services or PROJECT construction.
D. Timely Review
The CITY will examine the LANDSCAPE ARCHITECT 's studies, reports, sketches,
drawings, specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and other
consultants as the CITY deems appropriate; and render in writing decisions required by
the CITY in a timely manner in accordance with the PROJECT schedule prepared in
accordance with Attachment B.
E. Prompt Notice
The CITY will give prompt written notice to the LANDSCAPE ARCHITECT whenever CITY
observes or becomes aware of any development that affects the scope or timing of the
LANDSCAPE ARCHITECT 's services or of any defect in the work of the LANDSCAPE
ARCHITECT or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges LANDSCAPE ARCHITECT will perform part of the work
at CITY's facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that LANDSCAPE ARCHITECT had
no prior role in the generation, treatment, storage, or disposition of such
materials. In consideration of the associated risks that may give rise to claims
by third parties or employees of City, City hereby releases LANDSCAPE
ARCHITECT from any damage or liability related to the presence of such
materials.
(2) The release required above shall not apply in the event the discharge, release
or escape of hazardous substances, contaminants, or asbestos is a result of
LANDSCAPE ARCHITECT’s negligence or if LANDSCAPE ARCHITECT brings
such hazardous substance, contaminant or asbestos onto the PROJECT.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article IV.E.
regarding the LANDSCAPE ARCHITECT 's Personnel at Construction Site, and provisions
providing for contractor indemnification of the CITY and the LANDSCAPE LANDSCAPE
for contractor's negligence.
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City of Denton, Texas
Professional Services Agreement
Revised Date: 3/22/22
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H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the LANDSCAPE ARCHITECT, its officers,
employees, and subcontractors, for any claim arising out of, in
connection with, or resulting from the architectural services
performed. Only the CITY will be the beneficiary of any
undertaking by the LANDSCAPE ARCHITECT."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the LANDSCAPE ARCHITECT and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third-party beneficiary rights under this AGREEMENT.
(4) Nothing contained in this Section H. shall be construed as a waiver of any right
the CITY has to bring a claim against LANDSCAPE ARCHITECT.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY may secure Builders Risk/Installation insurance at the replacement
cost value of the PROJECT. The CITY may provide LANDSCAPE
ARCHITECT a copy of the policy or documentation of such on a certificate of
insurance.
J. Litigation Assistance
The Scope of Services does not include costs of the LANDSCAPE ARCHITECT for
required or requested assistance to support, prepare, document, bring, defend, or assist in
litigation undertaken or defended by the CITY. In the event CITY requests such services of
the LANDSCAPE ARCHITECT, this AGREEMENT shall be amended or a separate
agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services in this
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City of Denton, Texas
Professional Services Agreement
Revised Date: 3/22/22
Page 13 of 19
AGREEMENT. If such changes affect the LANDSCAPE ARCHITECT 's cost of or time
required for performance of the services, an equitable adjustment will be made through an
amendment to this AGREEMENT with appropriate CITY approval.
SECTION 6
General Legal Provisions
A. Authorization to Proceed
LANDSCAPE ARCHITECT shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
LANDSCAPE ARCHITECT, whether in hard copy or in electronic form, are instruments of
service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or
alteration by the CITY or by others acting through or on behalf of the CITY of any such
instruments of service without the written permission of the LANDSCAPE ARCHITECT will
be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications
and documents. The transfer of copyright interest or ownership of Documents shall not
extend to Consultants standard details, standard features of overall design, functional
elements of overall design or individual aspects and components the Consultant has
developed and/or used previously on other projects.
C. Force Majeure
The LANDSCAPE ARCHITECT is not responsible for damages or delay in performance
caused by acts of God, fires, strikes, lockouts, accidents, or other events beyond the
control of the LANDSCAPE ARCHITECT that prevent LANDSCAPE ARCHITECT’s
performance of its obligations hereunder.
D. Termination
(1) This AGREEMENT may be terminated:
a. by the City for its convenience upon 30 days' written notice to
LANDSCAPE ARCHITECT.
b. by either the CITY or the LANDSCAPE ARCHITECT for cause if either
party fails substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such
nonperformance within 5 days’ written notice or thereafter fails to
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City of Denton, Texas
Professional Services Agreement
Revised Date: 3/22/22
Page 14 of 19
diligently complete the correction.
(2) If this AGREEMENT is terminated for the convenience of the City, the
LANDSCAPE ARCHITECT will be paid for termination expenses as follows:
a. Cost of reproduction of partial or complete studies, plans, specifications
or other forms of LANDSCAPE ARCHITECT 'S work product;
b. Out-of-pocket expenses for purchasing electronic data files and other
data storage supplies or services;
c. The time requirements for the LANDSCAPE ARCHITECT 'S personnel
to document the work underway at the time of the CITY'S termination for
convenience so that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the LANDSCAPE ARCHITECT
will submit to the CITY an itemized statement of all termination expenses. The
CITY'S approval will be obtained in writing prior to proceeding with termination
services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the LANDSCAPE ARCHITECT
for the convenience of the CITY. In the event of such suspension, delay, or interruption,
an equitable adjustment in the PROJECT's schedule, commitment and cost of the
LANDSCAPE ARCHITECT s personnel and subcontractors, and LANDSCAPE
ARCHITECT 's compensation will be made.
F. Indemnification
IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.904,
THE LANDSCAPE ARCHITECT SHALL INDEMNIFY OR HOLD HARMLESS THE CITY
AGAINST LIABILITY FOR ANY DAMAGE COMMITTED BY THE LANDSCAPE
ARCHITECT OR LANDSCAPE ARCHITECT’S AGENT, CONSULTANT UNDER
CONTRACT, OR ANOTHER ENTITY OVER WHICH THE LANDSCAPE ARCHITECT
EXERCISES CONTROL TO THE EXTENT THAT THE DAMAGE IS CAUSED BY OR
RESULTING FROM AN ACT OF NEGLIGENCE, INTENTIONAL TORT,
INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A
SUBCONTRACTOR OR SUPPLIER. CITY IS ENTITLED TO RECOVER ITS
REASONABLE ATTORNEY’S FEES IN PROPORTION TO THE LANDSCAPE
ARCHITECT’S LIABILITY.
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior written
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Professional Services Agreement
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consent of the other party.
H. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue for any
litigation related to this AGREEMENT shall be Denton County, Texas.
I. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability
will not affect any other provision, and this AGREEMENT shall be construed as if such
invalid, illegal, or unenforceable provision had never been contained herein. Sections 5.F.,
6.B., 6.D., 6.F., 6.H., and 6.I. shall survive termination of this AGREEMENT for any cause.
J. Observe and Comply
LANDSCAPE ARCHITECT shall at all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regulations which in any way affect
this AGREEMENT and the work hereunder, and shall observe and comply with applicable
executive orders which may exist or may be enacted later by governing bodies having
jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance
thereof shall be considered. LANDSCAPE ARCHITECT AGREES TO DEFEND,
INDEMNIFY AND HOLD HARMLESS CITY AND ALL OF ITS OFFICERS, AGENTS
AND EMPLOYEES FROM AND AGAINST CLAIMS OR LIABILITY ARISING OUT OF
THE VIOLATION OF ANY SUCH LAW, ORDINANCE, OR REGULATION, WHETHER IT
BE BY ITSELF OR ITS EMPLOYEES.
K. Immigration Nationality Act
LANDSCAPE ARCHITECT shall verify the identity and employment eligibility of its
employees who perform work under this AGREEMENT, including completing the
Employment Eligibility Verification Form (I-9). Upon request by CITY, LANDSCAPE
ARCHITECT shall provide CITY with copies of all I-9 forms and supporting eligibility
documentation for each employee who performs work under this AGREEMENT.
LANDSCAPE ARCHITECT shall adhere to all Federal and State laws as well as
establish appropriate procedures and controls so that no services will be performed by
any LANDSCAPE ARCHITECT employee who is not legally eligible to perform such
services. LANDSCAPE ARCHITECT SHALL INDEMNIFY CITY AND HOLD CITY
HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO
VIOLATIONS OF THIS PARAGRAPH BY LANDSCAPE ARCHITECT, LANDSCAPE
ARCHITECT’S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES.
CITY, upon written notice to LANDSCAPE ARCHITECT, shall have the right to
immediately terminate this AGREEMENT for violations of this provision by LANDSCAPE
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ARCHITECT.
L. Prohibition On Contracts With Companies Boycotting Israel
LANDSCAPE Architect acknowledges that in accordance with Chapter 2271 of the
Texas Government Code, City is prohibited from entering into a contract with a
company for goods or services unless the contract contains a written verification from
the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the
term of the contract. The terms “boycott Israel” and “company” shall have the meanings
ascribed to those terms in Section 808.001 of the Texas Government Code. By
signing this agreement, Landscape Architect certifies that Landscape Architect’s
signature provides written verification to the City that Landscape Architect: (1)
does not boycott Israel; and (2) will not boycott Israel during the term of the
agreement. Failure to meet or maintain the requirements under this provision will be
considered a material breach.
M. Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or
a Foreign Terrorist Organization
Sections 2252 and 2270 of the Texas Government Code restricts CITY from contracting
with companies that do business with Iran, Sudan, or a foreign terrorist organization.
By signing this agreement, Landscape Architect certifies that Landscape
Architect’s signature provides written verification to the City that Landscape
Architect, pursuant to Chapters 2252 and 2270, is not ineligible to enter into this
agreement and will not become ineligible to receive payments under this
agreement by doing business with Iran, Sudan, or a foreign terrorist organization.
Failure to meet or maintain the requirements under this provision will be considered a
material breach.
N. Prohibition on Contracts with Companies Boycotting Certain Energy
Companies
Landscape Architect acknowledges that in accordance with Chapter 2274 of the Texas
Government Code, City is prohibited from entering into a contract with a company for
goods or services unless the contract contains written verification from the company
that it (1) does not boycott energy companies; and (2) will not boycott energy
companies during the term of the contract. The terms “boycott energy company” and
“company” shall have the meanings ascribed to those terms in Section 809.001 of the
Texas Government Code. By signing this agreement, Landscape Architect
certifies that Landscape Architect’s signature provides written verification to the
City that Landscape Architect: (1) does not boycott energy companies; and (2)
will not boycott energy companies during the term of the agreement. Failure to
meet or maintain the requirements under this provision will be considered a material
breach.
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O. Prohibition on Contracts with Companies Boycotting Certain Firearm Entities
and Firearm Trade Associations
Landscape Architect acknowledges that in accordance with Chapter 2274 of the Texas
Government Code, City is prohibited from entering into a contract with a company for
goods or services unless the contract contains written verification from the company
that it (1) does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and (2) will not discriminate during
the term of the contract against a firearm entity or firearm trade association. The terms
“discriminate against a firearm entity or firearm trade association,” “firearm entity” and
“firearm trade association” shall have the meanings ascribed to those terms in Chapter
2274 of the Texas Government Code. By signing this agreement, Landscape
Architect certifies that Landscape Architect’s signature provides written
verification to the City that Landscape Architect: (1) does not have a practice,
policy, guidance, or directive that discriminates against a firearm entity or firearm
trade association; and (2) will not discriminate during the term of the contract
against a firearm entity or firearm trade association. Failure to meet or maintain the
requirements under this provision will be considered a material breach.
P. Termination Right for Contracts with Companies Doing Business with Certain
Foreign-Owned Companies
The City of Denton may terminate this Contract immediately without any further liability
if the City of Denton determines, in its sole judgment, that this Contract meets the
requirements under Chapter 2274, and Engineer is, or will be in the future, (i) owned by
or the majority of stock or other ownership interest of the company is held or controlled
by individuals who are citizens of China, Iran, North Korea, Russia, or other designated
country (ii) directly controlled by the Government of China, Iran, North Korea, Russia, or
other designated country, or (iii) is headquartered in China, Iran, North Korea, Russia,
or other designated country.
Q. Certificate of Interested Parties Electronic Filing
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908
of the Government Code. The law states that the City may not enter into this contract
unless the Contractor submits a disclosure of interested parties (Form 1295) to the City
at the time the LANDSCAPE ARCHITECT submits the signed contract. The Texas
Ethics Commission has adopted rules requiring the business entity to file Form 1295
electronically with the Commission.
LANDSCAPE ARCHITECT will be required to furnish a Certificate of Interest Parties
before the contract is awarded, in accordance with Government Code 2252.908.
The LANDSCAPE ARCHITECT shall:
1. Log onto the State Ethics Commission Website at :
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Professional Services Agreement
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https://www.ethics.state.tx.us/filinginfo/1295/
2. Register utilizing the tutorial provided by the State
3. Print a copy of the completed Form 1295
4. Enter the Certificate Number on page 2 of this contract.
5. Complete and sign the Form 1295
6. Email the form to purchasing@cityofdenton.com with the contract number in the
subject line. (EX: Contract 1234 – Form 1295)
The City must acknowledge the receipt of the filed Form 1295 not later than the 30th
day after Council award. Once a Form 1295 is acknowledged, it will be posted to the
Texas Ethics Commission’s website within seven business days.
R. Agreement Documents
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, which supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. This AGREEMENT may be
executed in one or more counterparts and each counterpart shall, for all purposes, be
deemed an original, but all such counterparts shall together constitute but one and the
same instrument. The following attachments and schedules are hereby made a part of
this AGREEMENT:
Attachment A – Scope of Services
Attachment B – Compensation, Project Schedule, Location Map
These documents make up the AGREEMENT documents and what is called for by one
shall be as binding as if called for by all. In the event of an inconsistency or conflict in
any of the provisions of the AGREEMENT documents, the inconsistency or conflict shall
be resolved by giving precedence first to the written AGREEMENT then to the
AGREEMENT documents in the order in which they are listed above.
The parties agree to transact business electronically. Any statutory requirements that
certain terms be in writing will be satisfied using electronic documents and signing.
Electronic signing of this document will be deemed an original for all legal purposes.
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Duly executed by each party’s designated representative to be effective on
_____________________________
BY:
CITY OF DENTON, TEXAS
BY:
LANDSCAPE ARCHITECT
Sara Hensley, City Manager
Halff Associates Inc.
David Buchanan, PLA
Director of Landscape Architecture
Date:____________________________
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
_________________________
Signature
_________________________
Title
_________________________
Department
Date Signed: ______________
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
By:
ATTEST:
JESUS SALAZAR, INTERIM CITY
SECRETARY
By:______________________________
_______________________________
TEXAS ETHICS COMMISSION
CERTIFICATE NUMBER
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2023-1044154
7/12/2023
Parks and Recreation
Director of Parks and Recreation
7/12/2023
08/01/2023
Hickory Creek Trail The City of Denton April 26, 2023 Page 1 ATTACHMENT $
BASIC SCOPE OF SERVICES PLANNING AND TRAIL ALIGNMENT SERVICES FOR HICKORY CREEK TRAIL
PURPOSE
Halff Associates, Inc. (CONSULTANT) shall provide Landscape Architecture services for the alignment study for Hickory Creek Trail (PROJECT), for the City of Denton (CLIENT). The purpose of the PROJECT
is to determine the feasibility, opportunities/constraints, potential construction costs, and grant/funding opportunities to extend Hickory Creek Trail, accessing approximately 15 miles of trail that will follow along
Hickory Creek from the intersection of Jim Christal Rd and S. Western Blvd. south to Old Alton Rd.
SCOPE
The primary project focus will be an extension of the Hickory Creek Trail (appx. 15 miles). (SHH0DS Community engagement will not be conducted by the CONSULTANT in the proposed scope of services AND will be performed by the CLIENT. However, coordination and engagement will occur with various stakeholders, adjacent property owners and agencies. Graphic products will be prepared, with the intent to assist the CLIENT in any community engagement meetings. The trail design will consist of a minimum 10-ft. wide hard surface shared-use path, with shared-use path bridge(s), and various at-grade and grade separated roadway, water body and other crossings, consistent with The American Association of State Highway and Transportation Officials (AASHTO) Guide for the Development of Bicycle Facilities. All new shared-use path bridges are anticipated to be a minimum of 14-ft. wide (inside dimension). Recommended pedestrian and bicycle safety elements such as signals, crossing treatments, lighting, and signage will be determined for all roadway crossings, as applicable. In addition, for locations along roadways where an off-street shared-use path is not feasible due to right-of-way constraints and obstructions not suitable for bike and pedestrian accommodations consistent with AASHTO guidance, the CONSULTANT will examine and determine the most appropriate roadway retrofit necessary to accommodate dedicated bicycle and pedestrian facilities. Design options for these locations (e.g. road diets and/or dedicated one-way or two-way on-street or off-street separated/protected bikeways which include separate pedestrian accommodations and widened sidewalks within the R.O.W.) must be consistent with AASHTO and/or the Separated Bike Lane Planning and Design Guide, FHWA, May 2015. The areas of study include the following:
• From the intersection of Jim Christal Rd. south to 35W (Approximately 3.3 Miles)
• From US 380 south to the northern limits of the Cole Ranch Property (Approximately 3 Miles)
• From S. Bonnie Brae St west to future development (Approximately .4 Miles)
• From the future development south to Fort Worth Dr. (Approximately 2.2 Miles)
• From Fort Worth Dr. south to the intersection of Brush Creek Rd. and Country Club Rd. (Approximately 2.6 Miles)
• Alternative route west of Country Club Rd. and along Hickory Creek Rd. (Approximately 1.3 Miles)
• From Hickory Creek Rd. south to USACE property limits (Approximately .5 Miles)
• From the USACE property limits south to Old Alton Rd. (Approximately 1.5 Miles)
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Hickory Creek Trail The City of Denton April 26, 2023 Page 3 ASSUMPTIONS
The scope of services for this proposal has been prepared using the following assumptions as a basis for its preparation: 1. The scope of work herein represents a single, stand-alone project consisting of tasks described below for the trail alignment study, in their entirety, with no removal or separation of tasks for the completion of the PROJECT. 2. The PROJECT will follow AASHTO, City-Specific, TPWD, utility, railroad and TxDOT design requirements as applicable. 3. Trail and railing improvements will meet current accessibility and AASHTO requirements. 4. The PROJECT will begin at US-380 south to Old Alton Rd (See Attachment C). 5. CLIENT, ONCOR, and other franchise utility providers (facilitated by CLIENT) close to or adjacent to the PROJECT area will provide available existing conditions information and base-map data, including, but not limited to:
• As-built plans, record drawings, and/or condition assessments for all existing utilities located close to or adjacent to the PROJECT area.
• Current property and easement information.
• Aerial Data.
• Existing or previous environmental reporting.
• Current FEMA Floodplain Mapping and flood study data. 6. CONSULTANT is not responsible for acquiring Right of Entry (ROE). If required for the completion of the PROJECT Tasks, CLIENT shall be responsible for the facilitation and coordination with all impacted utility franchise and/or private property owners for providing access and ROE for any necessary data collection, field assessments, and/or site investigations. 7. The CLIENT will be responsible for distributing, coordinating, and facilitating all submittal milestones/packages to all necessary stakeholders, including correspondence during the submittal review period(s) and providing CONSULTANT with organized reviews/comments/feedback from all reviewing entities. 8. In addition to any base map data provided by the CLIENT (as described above), CONSULTANT will utilize publicly available and CLIENT-provided data (aerial ortho imagery, NCTCOG contours, record drawings, etc.) to supplement PROJECT development. All supplemental information will be used in the assessment, review, and design of the proposed improvements. Survey services for the PROJECT are excluded. 9. The PROJECT schedule shall be subject to CLIENT review within a maximum of 30 days. The schedule milestone dates are based on an assumed CLIENT and stakeholder submittal review period of a maximum of two (02) weeks. Review periods exceeding two (02) weeks may impact subsequent submittals and milestone dates. 10. Detailed design of trail amenities such as trailheads, wayfinding signage, drinking fountains, seating elements, trash receptacles, bike racks, bike repair air stations, plazas, overlooks, etc. are excluded in this scope of services.
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Hickory Creek Trail The City of Denton April 26, 2023 Page 4 11. All meetings described herein will be held at the CONSULTANT’s office or virtually.
CONSULTANT shall notify CLIENT and request additional compensation if additional meetings are necessary for ongoing coordination and/or the completion of the PROJECT.
12. The PROJECT milestone submittals will only include 30% Schematic Design, excluding any subsequent milestone submittals beyond 30%. HEALTH CARE AND SAFETY PROCEDURES
Healthcare and Safety Procedures: Whenever possible, it is Halff Associates’ preference to conduct all
stakeholder meetings in-person. In-person meetings will adhere to all applicable City, County and/or State
policies related to public gatherings and social distancing. All meetings with elected and appointed City
officials and stakeholders can be conducted as digital events at the discretion of the City using Microsoft
Teams, or other digital meeting platform agreed upon by the City and Halff Associates, Inc. Until
otherwise advised by the City or CLIENT, a selected digital meeting platform will also be utilized by Halff
Associates, Inc. at all in-person meetings to provide potential participants with the option to participate
remotely.
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Hickory Creek Trail The City of Denton April 26, 2023 Page 5 TASK 1 – PRE-DESIGN
TASK 1.1 – PROJECT MANAGEMENT AND COMMUNICATION
Project Management Coordination: CONSULTANT will meet internally with Halff staff for coordination and communication of Task 1 for the PROJECT. Communications and Reporting: CONSULTANT will provide monthly reports to the CLIENT that describe current progress, identify
outstanding issues and/or items of future concern. Coordination/Project Kick-off Meeting: CONSULTANT will attend one (01) virtual or in-person coordination/project kick-off meeting with the CLIENT and other necessary stakeholders (facilitated by CLIENT) to confirm the goals and objectives of the PROJECT. Notes will be taken by the CONSULTANT to record items discussed and decisions made during this meeting and provided to all attendees.
• Project Kick-Off Meeting – One (01) meeting
Deliverables: Notes will be taken by the CONSULTANT at all meetings to record items discussed and decisions made. Deliverables provided by the CONSULTANT shall include the following:
• One (01) Digital PDF copy of the Project Kick-Off meeting notes.
• One (01) Digital PDF copies of the monthly progress reports. TASK 1.2 – DATA COLLECTION AND BASE MAP PREPARATION Site Investigation/Preliminary Field Review:
CONSULTANT will initiate, schedule, and participate with one (01) Site Investigation/Preliminary Field Review meeting with the CLIENT of the PROJECT area. The field review is necessary to gain an
understanding of possible design modifications to the trail alignment shown in Attachment C and to identify key opportunities and constraints. The site investigation will also include the gathering and
evaluation of relevant information related to the topography of the site, utilities, vegetated areas, neighborhood impacts, drainage, and impacts to existing conditions.
• Field Review– One (01) site visit over one day
Data Collection / Base Map Preparation: The CLIENT will provide to the CONSULTANT available data relevant to the PROJECT. With the assistance from the CLIENT, CONSULTANT will collect the following available data as necessary to develop trail the concept design. CONSULTANT will prepare a project base map for the trail corridor utilizing the CONSULTANT’s, CLIENT’s, and other Stakeholder’s gathered relevant project data. At a minimum, data will include the following information:
• Google Earth and/or Near Map aerial photography and mapping
• NCTCOG Regional Data, Existing photometric (LIDAR) topographic contours (2‐foot contour interval), and other information (as available)
• FEMA Flood Boundary Maps and Flood Insurance Studies (locations of FEMA 100‐year floodplain and floodway)
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• Existing and adopted land use maps and plans (if applicable)
• Local comprehensive and thoroughfare plans (if applicable)
• Utility (as-builts and/or record drawings) data including underground/at‐grade/overhead,
location, type, size, owner name and contact information
• TCAD property information as well as Property Lines, Easements, ROW Limits, and other information (as available)
• Existing aerial photography and survey information from the City of Denton
• Previously prepared drainage studies (if applicable)
• Development Site Plans (if applicable)
• Local comprehensive and thoroughfare plans (if applicable)
• Wetland Locations (if applicable) Deliverables: Notes will be taken by the CONSULTANT at all meetings to record items discussed and decisions made. Deliverables provided by the CONSULTANT shall include the following:
• One (01) Digital PDF copy of the Site Investigation/Preliminary Field Review meeting notes.
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Hickory Creek Trail The City of Denton April 26, 2023 Page 7 TASK 2 – H&H ANALYSIS
TASK 2.1 – PROJECT MANAGEMENT AND COMMUNICATION (CONT.)
Project Management Coordination: CONSULTANT will meet internally with Halff staff for coordination and communication of Task 2 for the
PROJECT. TASK 2.2 – DATA COLLECTION AND TERRAIN GENERATION
Data Collection and Analysis: CONSULTANT will perform the following tasks related to data collection and terrain generation:
• Collect and evaluate the FEMA effective hydrologic and hydraulic models for Hickory Creek, Dry Fork of Hickory Creek, and Stream DF-2 through the project area. CONSULTANT will obtain the approved model’s cross sections, topographical survey and centerline shapefiles along with the proposed trail alignment.
• Attend up to one (01) site visit to assess existing conditions.
• Prepare GIS basemap.
• Prepare the existing terrain file using best available topography. The topography will include 2009/2010 TNRIS LiDAR if more recent topography is not available. TASK 2.3 – HYDROLOGIC AND HYDRAULIC ANALYSIS
Pre-Project Hydrologic and Hydraulic Analysis: The following steps will be conducted during the analysis to determine existing water surface profiles for all modeled frequency storm events and assess potential floodplain and floodway impacts.
• Establish duplicate effective conditions utilizing FEMA Effective models for Hickory Creek, Dry Fork of Hickory Creek, and Stream DF-2:
a. In addition to the standard FEMA modeled storm frequencies (10-, 50-, 100-, and 500-year events), compute 1-, 2-, 5-, and 25-year discharges using the FEMA
effective hydrologic model. The rainfall depth source will remain consistent with those in the effective model This analysis does not include hydrologic model conversion
into HEC-HMS or any additional hydrologic modifications, improvements, or modeling.
b. Convert the effective hydraulic model into HEC-RAS version 6.2 and insert 1-, 2-, 5-, and 25-year discharges into the model. Only minor modifications will be performed to properly execute duplicate effective HEC-RAS model. Additional cross sections, cross section realignment, structures, or geometric modifications are excluded from
this scope. c. Execute duplicate effective model to compute the 1-, 2-, 5-, 10-, 25-, and 100-year
water surface profiles and velocities. d. Perform QAQC.
• This scope does not include modifying encroachment stations to re-establish floodway limits to meet FEMA standards of no more than one (1) foot of water surface elevation increase in the Base Flood Elevation (100-year). The established floodway will be clipped into the
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Hickory Creek Trail The City of Denton April 26, 2023 Page 8 updated 100-year mapping. The floodway boundary will supersede that of the updated 100-
year floodplain where conflicts arise.
• If the County or FEMA are unable to provide working hydrologic or hydraulic data, FEMA Base Level Engineering (BLE) modeling, developed as part of the NCTCOG FY16 East Fork Discovery BLE project, along with regional regression hydrologic calculations, will be utilized.
TASK 2.4 – FLOODPLAIN MAPPING
Pre-Project Floodplain Mapping: CONSULTANT will map the pre-project 1-, 2-, 5-, 10-, 25-, and 100-year floodplains using best available topography through the project area to include in the letter report, as necessary.
Deliverables: Deliverables provided by the CONSULTANT shall include the following:
• One (01) Digital PDF copy of a letter report documenting findings and
recommendations, including a summary of the hydraulic considerations, issues, and approval processes, for consideration of the City of Denton’s floodplain development
permit as part of future design phases. Develop a floodplain work-map exhibit. The submittal will include a digital printout of the models’ input and output files and the
models will be available digitally in a CD or flash drive provided with the report.
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Hickory Creek Trail The City of Denton April 26, 2023 Page 9 TASK 3 – ENVIRONMENTAL ANALYSIS
TASK 3.1 – PROJECT MANAGEMENT AND COMMUNICATION (CONT.)
Project Management Coordination: CONSULTANT will meet internally with Halff staff for coordination and communication of Task 3 for the PROJECT. TASK 3.2 – DATA COLLECTION AND ANALYSIS
Data Collection and Analysis: CONSULTANT will perform the following review tasks related to environmental, historic, and cultural resources
• Catalog existing environmental constraints with publicly accessible data.
• Generate analysis maps illustrating vegetation, wetland delineation, flood plain and flood way elevations, property ownership and easements, land uses, roadways, sidewalks, bicycle
facilities, schools, community facilities based on desktop review. TASK 3.3 – TECHNICAL REPORT Technical Report: CONSULTANT will prepare a technical report summarizing the impacts of the trail alignment. The report will include the following:
• Waters of the U.S. including wetlands
• Air Quality
• Cultural Resources
• Community Impacts
• Biological Resources
• Water Resources
• Historic Resources
• Hazardous Materials
• Traffic Noise
• Section 4(f)
• Parks and Wildlife Code, Chapter 26
• Natural Resources Code, Chapter 183
• Public Involvement
Deliverables: Deliverables provided by the CONSULTANT shall include the following:
• One (01) Digital PDF copy of a technical report summarizing environmental considerations and issues and probable TxDOT environmental approval processes
and requirements.
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Hickory Creek Trail The City of Denton April 26, 2023 Page 10 TASK 4 – TRAIL ALIGNMENT FEASIBILITY
TASK 4.1 – PROJECT MANAGEMENT AND COMMUNICATION (CONT.)
Project Management Coordination: CONSULTANT will meet internally with Halff staff for coordination and communication of Task 4 for the PROJECT. Communications and Reporting: CONSULTANT will provide monthly reports to the CLIENT that describe current progress, identify outstanding issues and/or items of future concern. Agency/Stakeholder Coordination Meetings: CONSULTANT will engage, facilitate, and schedule Agency/Stakeholder Coordination Meetings with the CLIENT and other stakeholders. The number of Agency/Stakeholder Coordination Meetings shall not exceed seven (07). Meeting objectives will include preliminary design discussions with general question and answer. Anticipated stakeholders include:
• City of Denton (Parks, Engineering, Transportation, Emergency, etc.) – Two (02) meetings
• United States Corps of Engineers (USACE) – Two (02) meetings
• Railroad – One (01) meeting
• Council/Parks Board – Two (02) meetings
TASK 4.2 – TRAIL ALIGNMENT FEASIBILITY STUDY
Preliminary Trail Alignment Feasibility Study: Based on the input from the CLIENT and stakeholders from the field review and data collection efforts,
the CONSULTANT will develop a preliminary trail alignment for the PROJECT, including typical sections and corridor options, considering the parameters specified in the project’s purpose statement. The
CONSULTANT shall identify a trail alignment that will minimize adverse impacts, major utility conflicts, structural impediments, private property impacts, and will be mindful of construction cost impacts. During the development of the preliminary alignment, CONSULTANT will work with CLIENT and stakeholders to prepare a preliminary planning-level assessment to identify opportunities for signature amenity locations
for the PROJECT including, but not limited to, trail head opportunities, landscaping, bike repair air stations, trash receptacles, seating, drinking fountains, kiosks, wayfinding signage, artwork, and canoe/kayak put-in/takeout. The CLIENT shall be responsible for facilitating, gathering, and submitting all feedback to CONSULTANT for developing alternative trail alignments and/or the final trail alignment. Alternative Trail Alignment Feasibility Study: As necessary based on feedback from the CLIENT, CONSULTANT shall prepare no more than two (02) alternative alignments to the Preliminary Trail Alignment Feasibility beyond the project limits defined project Scope section. Alternative alignments will be considered if the preliminary trail alignment and crossing location(s) are determined not feasible for PROJECT implementation. The CONSULTANT will provide the CLIENT and stakeholders with alternative alignment(s) evaluations based on their ability to meet the project purpose and goals and ease of implementation. The development of additional trail alignment alternatives will result in additional services. Final Trail Alignment Development: Based on the input from the CLIENT and stakeholders from the Preliminary and/or Alternative Trail Alignment Feasibility Studies, the CONSULTANT will develop a final trail alignment for the PROJECT, including typical sections and corridor options, considering the parameters specified in the project’s purpose statement. The CONSULTANT shall identify a trail alignment that will minimize adverse impacts,
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Hickory Creek Trail The City of Denton April 26, 2023 Page 11 major utility conflicts, structural impediments, private property impacts, and will be mindful of construction
cost impacts. During the development of the final alignment, CONSULTANT will work with CLIENT and stakeholders to prepare a final planning-level assessment to identify opportunities for signature amenity
locations for the PROJECT including, but not limited to, trail head opportunities, landscaping, bike repair air stations, trash receptacles, seating, drinking fountains, kiosks, wayfinding signage, artwork, and canoe/kayak put-in/takeout. CONSULTANT shall provide one (01) summary report of the final trail alignment, describing opportunities and constraints for the PROJECT.
CONSULTANT’s Alignment Study plans shall be Roll Plot Sheets (maximum sheet size of 36-inch-Wide x
108-inch-Long), formatted with black and white line work and a screened-back black and white (gray-tone) aerial photo background with a minimum scale of the horizontal alignment of 1” = 40’-0”.
Once the CLIENT and Stakeholders have approved a Preferred Trail Extension Alignment, the
CONSULTANT will proceed with Schematic Design Plans (ref. Task 5).
Subsequent Submittal Milestone Preparation: CONSULTANT will review and incorporate all applicable review comments and feedback received during the development of the Final Trail Alignment into the preparation of the subsequent submittal milestones described below under Task 5. All Scope of Services for Task 5 will not begin until the CLIENT has
provided CONSULTANT with a formal Notice to Proceed (NTP) confirming the acceptance of the preferred trail alignment and design as a result of completing Tasks 1, 2, 3, and 4. Deliverables: Deliverables provided by the CONSULTANT shall include the following:
• One (01) Digital PDF copy of the final trail alignment, planning-assessment, typical sections, and summary report.
• Three (03) hard copies of the final trail alignment, planning-assessment, typical
sections, and summary report (upon request)
• One (01) Digital PDF copy of meeting notes.
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Hickory Creek Trail The City of Denton April 26, 2023 Page 12
TASK 5 – 30% SCHEMATIC DESIGN
TASK 5.1 – PROJECT MANAGEMENT AND COMMUNICATION (CONT.)
Project Management Coordination: CONSULTANT will meet internally with Halff staff for coordination and communication of Task 5 for the PROJECT. Communications and Reporting: CONSULTANT will provide monthly reports to the CLIENT that describe current progress, identify outstanding issues and/or items of future concern. Agency/Stakeholder Coordination Meetings: CONSULTANT will engage, facilitate, and schedule Agency/Stakeholder Coordination Meetings with the CLIENT and other stakeholders. The number of Agency/Stakeholder Coordination Meetings shall not exceed two (02). Meeting objectives will include preliminary design discussions with general question and answer. Anticipated stakeholders include:
• City of Denton (Parks, Engineering, Transportation, Emergency, etc.) – One (01) meeting
Drawing Deliverable Review/Comment Resolution Meetings: After each submittal milestone has been delivered to the CLIENT, CONSULTANT will schedule and conduct Drawing Deliverable Review/Comment Resolution Meetings with the CLIENT to discuss submittal review comments related to the PROJECT at the submittal milestones identified below. The number of Drawing Deliverable Review/Comment Resolution Meetings shall not exceed one (01). Meeting objectives will include concept design feedback, comment review discussions, and subsequent submittal expectations, with general question and answer. The submittal milestones are as follows:
• 30% Schematic Design – One (01) meeting
Deliverables: Notes will be taken by the CONSULTANT at all meetings to record items discussed and decisions
made. Deliverables provided by the CONSULTANT shall include the following:
• One (01) Digital PDF copy of meeting notes.
• One (01) Digital PDF copy of the monthly progress report.
TASK 5.2 – 30% SCHEMATIC DESIGN
30% Schematic Design:
Based on the input gathered from the kickoff meeting, stakeholder meetings, and site investigation, and trail alignment development the CONSULTANT will prepare one (01) 30% Schematic Design that helps
communicate the intent and vision of the PROJECT. The Schematic Design shall include the layout of proposed improvements including the trail horizontal alignment along with typical sections to demonstrate
compliance with applicable federal, state, and local/stakeholder codes, standards, and requirements. The CONSULTANT will identify any locations where exceptions to the established design standards may be necessary.
Horizontal Alignments:
DocuSign Envelope ID: D6EDC42C-8E59-4283-9266-BF22D9C78389
Hickory Creek Trail The City of Denton April 26, 2023 Page 13 The CONSULTANT will develop one (01) horizontal alignment plan view for the schematic trail design,
including existing site features within the PROJECT area and roadway crossing locations. The design and development of vertical profiles is excluded. All base-map information and data will be used for the
development of the horizontal alignment. As available either through public records and/or provided by the CLIENT, the plan-view will identify existing property lines, existing easements, existing topography, sidewalks, public and franchise utilities, and the recommended trail alignment.
Trail Design Improvements: The CONSULTANT will include the following information for the 30% Schematic Design:
• Approximate location and quantity of trail pavement.
• Approximate location and quantity of utility crossings.
• Approximate location of known and proposed utilities and/or drainage modifications.
• Approximate location and quantity of roadway crossings and appurtenances.
• Approximate location and lengths of proposed water body crossings.
• Approximate location and lengths of proposed retaining walls
• Approximate location and quantity of proposed amenities per the planning-level assessment The 30% Schematic Design shall include the anticipated improvements identified in the PROJECT’s Scope and Assumptions sections. Design for all improvements shall follow current CLIENT standards, supplemented with NCTCOG, TPWD, Railroad and TxDOT standards where necessary. PROJECT will follow AASHTO design guidelines for bicycle facilities, unless directed otherwise by the CLIENT. In addition to the anticipated improvements described above, CONSULTANT’s 30% Schematic Design plans shall also contain the following base information:
• Project name; and if applicable, the street address, and lot and block description.
• Date, scale, north arrow, and the name of the Licensed Professional preparing the plan.
• Location of existing property lines and/or ROW limits.
• Approximate centerlines of existing water courses and the location of the floodplain; the approximate location of significant drainage features; and the location of existing parking lots,
streets, driveways, and sidewalks on or adjacent to the PROJECT.
• Approximate location of known overhead lines, subsurface utility lines, and utility easements within the project limits, including the location of utility/power poles, generators, and equipment.
CONSULTANT’s 30% Schematic Design plans shall be project layout sheets (22-inch-Wide x 34-inch-Long), formatted with black and white line work and a screened-back black and white (gray-tone) aerial
photo background with a minimum scale of the horizontal alignment of 1” = 40’-0”. 30% Schematic Design Submittal Milestone Preparation: CONSULTANT shall prepare the 30% Schematic Design Package submittal milestone, showing the
following elements, in the order below:
• Typical Sections
• Layout and Grading
• Proposed Landscape Drawing Deliverable Review/Comment Resolution Meeting:
CONSULTANT shall attend no more than one (01) Drawing Deliverable Review/Comment Resolution Meeting to discuss 30% Schematic Design submittal review comments with the CLIENT. Notes will be taken by the CONSULTANT to record items discussed and decisions made during this review meeting.
Schematic Design Revisions:
DocuSign Envelope ID: D6EDC42C-8E59-4283-9266-BF22D9C78389
Hickory Creek Trail The City of Denton April 26, 2023 Page 14 CONSULTANT will review and incorporate all applicable review comments and feedback received during
the Drawing Deliverable Review/Comment Resolution Meeting into the preparation of one final schematic design submittal. CONSULTANT will deliver one (01) final set of drawing deliverables for use by the
CLIENT.
Deliverables: Deliverables provided by the CONSULTANT shall include the following:
• One (01) Digital PDF copy of the roll plot sheets.
• Three (03) hard copies of the roll plot sheet(s) (upon request). TASK 5.3 – OPINION OF PROBABLE CONSTRUCTION COST (OPCC)
Preliminary 30% Schematic Design OPCC: Upon completion of the approved schematic plan the CONSULTANT shall prepare an Opinion of Probable Construction Cost (OPCC). CONSULTANT’s OPCC shall be based on the quantities indicated
on the CONSULTANT’s plans and on the unit prices current at the time of the cost opinion preparation. All quantities and available unit pricing included in the schematic design OPCC are preliminary and shall be subject to change based on the reviews of the CLIENT and stakeholders.
Deliverables: Deliverables provided by the CONSULTANT shall include the following:
• One (01) Digital PDF copy of the Opinion of Probable Construction Cost listing bid
items, quantities, and estimated bid costs.
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Hickory Creek Trail The City of Denton April 26, 2023 Page 15
OPTIONAL TASK 1 – GRANT ASSISTANCE SERVICES
Grant Assistance Scope of Work described herein shall be considered effort for a single, stand-alone
Grant Application and excludes the preparation of multiple applications. The development of additional
Grant Applications will result in additional services.
OPTIONAL TASK 1.1 – PROJECT MANAGEMENT AND COMMUNICATION (CONT.)
Project Management Coordination: CONSULTANT will meet internally with Halff staff for coordination and communication of Optional Task 1 for the PROJECT. Communications and Reporting: CONSULTANT will provide monthly reports to the CLIENT that describe current progress, identify outstanding issues and/or items of future concern. Agency/Stakeholder Coordination Meetings: CONSULTANT will engage, facilitate, and schedule Agency/Stakeholder Coordination Meetings with the CLIENT and other stakeholders. The number of Agency/Stakeholder Coordination Meetings shall not exceed two (02). Meeting objectives will include preliminary design discussions with general question and answer. Anticipated stakeholders include:
• City of Denton (Parks) – Two (02) meetings
Deliverables: Notes will be taken by the CONSULTANT at all meetings to record items discussed and decisions
made. Deliverables provided by the CONSULTANT shall include the following:
• One (01) Digital PDF copy of meeting notes.
• One (01) Digital PDF copy of the monthly progress report. OPTIONAL TASK 1.2 – GRANT SUBMITTAL ASSISTANCE
Grant Opportunity Assessment: CONSULTANT will work with the CLIENT to identify upcoming grant opportunities and assist with setting
a milestone schedule with identified narratives, opinions of probable costs and support documents.
Grant Preparation: CONSULTANT will prepare the grant project narrative and application for identified grant/reimbursement programs. Deliverables identified in Task 3 & 4 will be used in the grant final deliverables. The CLIENT will gather any additional support documentation including, but not limited to, stakeholder support letters
and council/parks board approvals. One (01) preliminary copy will be submitted to the CLIENT for review prior to submitting the application. CONSULTANT will address comments received by the CLIENT for one (01) final submittal to the grant distributor.
Deliverables: Deliverables provided by the CONSULTANT shall include the following:
• One (01) Digital PDF submission including requirements as defined in the grant
application process.
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Hickory Creek Trail The City of Denton April 26, 2023 Page 16 BASIS OF COMPENSATION
HICKORY CREEK TRAIL
A. TASK 1 – PRE-DESIGN The basis of compensation for the services below shall be as follows: Task 1.1 – Project Management and Communication _______________________$5,000 Task 1.2 – Data Collection and Base Map Preparation______________________ $12,000 TASK 1 TOTAL (Tasks 1.1 – 1.2) $17,000
B. TASK 2 – H&H ANALYSIS: The basis of compensation for the services below shall be as follows: Task 2.1 – Project Management and Communication (Cont.) ________________ $5,000 Task 2.2 – Data Collection and Terrain Generation_________________________ $14,000 Task 2.3 – Hydrologic and Hydraulic Analysis_____________________________ $33,000 Task 2.4 – Floodplain Mapping__________________________________________$6,500 TASK 2 TOTAL (Tasks 2.1 – 2.4) $58,500
C. TASK 3 – ENVIRONMENTAL ANALYSIS: The basis of compensation for the services below shall be as follows: Task 3.1 – Project Management and Communication (Cont.) ________________ $2,000 Task 3.2 – Data Collection and Analysis__________________________________ $10,000 Task 3.3 – Technical Report____________________________________________ $8,000
TASK 3 TOTAL (Tasks 3.1 – 3.3) $20,000
D. TASK 4 – TRAIL ALIGNMENT FEASIBILITY: The basis of compensation for the services below shall be as follows: Task 4.1 – Project Management and Communication (Cont.) ________________ $12,000 Task 4.2 – *Trail Alignment Feasibility Study______________________________ $13,000 TASK 4 TOTAL (Tasks 4.1 – 4.2) $25,000
E. TASK 5 – 30% SCHEMATIC DESIGN: The basis of compensation for the services below shall be as follows:
Task 5.1 – Project Management and Communication (Cont.) ________________ $12,000 Task 5.2 – 30% Schematic Design_______________________________________ $21,000 Task 5.3 – Opinion of Probable Construction Cost (OPCC) __________________ $6,000 TASK 5 TOTAL (Tasks 5.1 – 5.3) $39,000
**Direct Costs (Estimated Reimbursable Expenses) ________________________$1,200 PROJECT GRAND TOTAL (Tasks 1, 2, 3, 4, 5, & Direct Costs) $160,700
ATTACHMENT B
DocuSign Envelope ID: D6EDC42C-8E59-4283-9266-BF22D9C78389
Hickory Creek Trail The City of Denton April 26, 2023 Page 17 F. OPTIONAL TASK 1 – GRANT ASSISTANCE SERVICES (PER APPLICATION)
The basis of compensation for the services below shall be as follows: Optional Task 1.1 – Project Management and Communication (Cont.) _________ $3,000 Optional Task 1.2 – Grant Submittal Assistance____________________________ $6,000
OPTIONAL TASK 1 TOTAL (Tasks 1.1 – 1.2) $9,500 **Direct Costs (Estimated Reimbursable Expenses) _________________________ $500
**Direct Costs (estimated reimbursable expenses) will include, but are not necessarily limited to, expenses for supplies, transportation, equipment, travel, communication, printing of plans and
specifications, presentation boards, graphic boards, and similar incidentals. All project related expenses will be billed at cost plus 10%. G. BILLING SCHEDULE:
The compensation for tasks listed as Basic (Lump Sum) Services in the compensation schedule shall be Lump Sum, and the services for each Basic Service task shall be invoiced on a percent complete basis. The compensation for tasks listed as Special (Hourly/Unit) Services in the compensation schedule shall be on the basis of 2.3 times full (total) salary cost for the time each
employee is engaged directly on the project. Total fees will not be exceeded without prior approval. Direct costs, including printing and reproduction, postage, and courier/overnight service, will
be considered reimbursable and will be billed at 1.1 times the direct cost incurred. The project will be billed to CLIENT on a monthly basis.
CONSULTANT reserves the right to request a contract modification(s) to increase the budget for
Special (Hourly/unit) Services if the actual effort exceeds the budgeted amount.
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DocuSign Envelope ID: D6EDC42C-8E59-4283-9266-BF22D9C78389
Hickory Creek Trail The City of Denton April 26, 2023 Page 18 2023 Labor Rate Ranges
Labor Category Level Billing Rate Range Description Low High
Landscape Architect / Planner
II 97.00 131.00 Landscape Designer
III 134.00 173.00 Landscape Architect
IV 165.00 235.00 PM / Sr. Landscape Architect
V 223.00 350.00 Principal
Engineer
I 109.00 131.00 EIT
II 122.00 158.00 EIT / PE
III 157.00 206.00 Sr. PE / PM
IV 207.00 276.00 Sr. PM / Sr. PE
V 262.00 350.00 Tech Advisor / Principal
Scientist
(Environmental / Geologist)
I 77.00 99.00 Professional (BS in ENG, Geology or ENV Science)
II 112.00 141.00 Experienced Professional
III 144.00 187.00 PE, PG or similar license / registration
IV 199.00 244.00 PM / Sr. Scientist
Office Tech (CADD, Designer and Survey)
III 96.00 122.00 Jr. CADD/Designer/Survey Tech
IV 124.00 158.00 Sr. CADD/Designer/Survey
V 160.00 263.00 CADD Manager/Geo Spatial PM (unlicensed)
Clerical 97.00 127.00 Admin Assistant
Specialist (GIS and ROW)
I 68.00 104.00 Jr. Level GIS Analyst / ROW Support Staff
II 106.00 146.00 GIS Analyst / ROW Agent
III 140.00 190.00 Sr. / PM – GIS Analyst / ROW Agent
IV 190.00 238.00 Sr. PM – GIS Analyst / ROW Agent
Intern 55.00 91.00
Note: The labor rates are valid through December 31, 2027.
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Hickory Creek Trail The City of Denton April 26, 2023 Page 19 ATTACHMENT B
EXCLUSIONS / AVAILABLE ADDITIONAL SERVICES
The following services are not included in the scope or fees for this proposal; but can be provided by CONSULTANT, subject to negotiation:
GENERAL:
1. Any additional work not specifically included in the Proposed Scope of Work will be accomplished as Additional Services. 2. Revisions to the plans requested by the CLIENT after the plans are approved, unless necessitated by errors on the plans.
3. Design of areas outside the limits of the defined project site. 4. Design and coordination existing utility relocations and modifications, including, gas,
telephone, or other franchise utility improvements. 5. Additional graphic products.
6. Additional meetings not identified in the project scope of services. 7. Printing of additional drawings, specifications and contract documents not identified in the
project deliverables. 8. The construction documentation of trail amenities, including, but not limited to landscaping,
bike repair/air stations, trash receptacles, seating, drinking fountains, kiosks, wayfinding signage, artwork.
PUBLIC ENGAGEMENT:
9. Public Engagement, such as public meetings or hearings, is excluded. 10. Community Engagement and coordination with impacted stakeholders, adjacent property
owners, and agencies are excluded. TRAFFIC: 11. Preparation of Traffic engineering reports or studies is excluded.
PERMITTING:
12. Payment of permit fees, filing fees, pro-rated fees, impact fees, taxes, federal and/or state regulatory agency review fees.
CONSTRUCTION DOCUMENTATION:
13. The preparation and development of Construction Documentation (60%, 90%, and 100%) is excluded. SUE:
14. SUE services are excluded. SURVEY: 15. Survey Services are excluded. 16. Boundary Research and Resolution services are excluded 17. Survey Services for the Preparation of Easement or Right-of-Way Exhibits are excluded.
18. Field survey of channel cross sections other than what is identified in the scope above is excluded. 19. Field survey of area outside the identified project area is excluded. 20. Bathymetric survey is excluded. 21. Geospatial Survey Services are excluded. 22. Any fees associated with public notices are excluded. GEOTECH 23. Geotechnical Engineering services is excluded.
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Hickory Creek Trail The City of Denton April 26, 2023 Page 20 ATTACHMENT B
TRAIL ALIGNMENT EXHIBIT
CONSULTANT will work closely with the CLIENT on the proposed improvements (conceptual alignment provided by CLIENT below) and shall remain in accordance with the overall vision of the PROJECT.
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Hickory Creek Trail The City of Denton April 26, 2023 Page 21 ATTACHMENT B
PROJECT SCHEDULE
CONSULTANT will work closely with the CLIENT on the PROJECT schedule which Tasks 1-5 are anticipated to require approximately eight (08) months to complete; but may be subject to delays, depending upon agency review turnaround.
DocuSign Envelope ID: D6EDC42C-8E59-4283-9266-BF22D9C78389
CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined
by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a) and by City of Denton
Ethics Code, Ordinance 18-757.
By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the
date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a
misdemeanor.
1 Name of vendor who has a business relationship with local governmental entity.
2
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day
after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name of local government officer about whom the information in this section is being disclosed.
Name of Officer
Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section
176.003(a)(2)(A). Also describe any family relations hip with the local government officer. This section, (item 3 including subparts A, B, C & D), must be
completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.00 1(1-a), Local Government Code.
Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?
Yes No
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in
this section AND the taxable income is not received from the local governmental entity?
Yes No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer
or director, or holds an ownership of one percent or more?
Yes No
D. Describe each employment or business and family relationship with the local government officer named in this section.
4
I have no Conflict of Interest to disclose.
5
Signature of vendor doing business with the governmental entity Date
DocuSign Envelope ID: D6EDC42C-8E59-4283-9266-BF22D9C78389
Halff Associates Inc.
X
7/12/2023
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy
reference, below are some of the sections cited on this form.
Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the
parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local
governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public; or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,
and reporting to, that agency.
Local Government Code § 176.003(a)(2)(A) and (B):
(A) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a family member of the officer that
results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during
the 12-month period preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vendor;
(B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more
than $100 in the 12-month period preceding the date the officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code § 176.006(a) and (a-1)
(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member
of the officer, described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the
aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day
after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental entity; or
(B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another
writing related to a potential contract with the local governmental entity; or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer, or a family member of the officer,
described by Subsection (a);
(B) that the vendor has given one or more gifts described by Subsection (a); or
(C) of a family relationship with a local government officer.
City of Denton Ethics Code Ordinance Number 18-757
Definitions:
Relative: a family member related to a City Official within the third 3rd degree of affinity (marriage) or consanguinity (blood or adoption)
City Official: for purpose of this article, the term consists of the Council Members, Department Heads, or member of the Board of Ethics, Planning
and zoning Commission Members, Board of Adjustment, Historic Landmark Commission, or Public Utilities Board
Vendor: a person who provides or seeks to provide goods, services, and/or real property to the City in exchange for compensation. This definition
does not include those property owners from whom the City acquires public right-of-way or other real property interests for public use.
Per the City of Denton Ethics Code, Section 2-273. – Prohibitions
(3) It shall be a violation of this Article for a Vendor to offer or give a Gift to City Official exceeding fifty dollars ($50.00) per gift, or multiple gifts
cumulatively valued at more than two hundred dollars ($200.00) per a single fiscal year.
Per the City of Denton Ethics Code, Section 2-282. – Disposition (b), (5) Ineligibility
If the Board of Ethics finds that a Vendor has violated this Article, the Board may recommend to the City Manager that the Vendor be deemed
ineligible to enter into a City contract or other arrangement for goods, services, or real property, for a period of one (1) year.
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015
DocuSign Envelope ID: D6EDC42C-8E59-4283-9266-BF22D9C78389
Certificate Of Completion
Envelope Id: D6EDC42C8E5942839266BF22D9C78389 Status: Completed
Subject: Please DocuSign: City Council Contract 7850-006
Source Envelope:
Document Pages: 43 Signatures: 6 Envelope Originator:
Certificate Pages: 6 Initials: 1 Erica Garcia
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
erica.garcia@cityofdenton.com
IP Address: 198.49.140.104
Record Tracking
Status: Original
7/11/2023 8:32:19 AM
Holder: Erica Garcia
erica.garcia@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Erica Garcia
erica.garcia@cityofdenton.com
Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.104
Sent: 7/11/2023 8:36:54 AM
Viewed: 7/11/2023 8:37:01 AM
Signed: 7/11/2023 8:38:19 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 7/11/2023 8:38:22 AM
Viewed: 7/11/2023 1:50:49 PM
Signed: 7/11/2023 1:51:30 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Marcella Lunn
marcella.lunn@cityofdenton.com
Mack Reinwand City Attorney
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 7/11/2023 1:51:32 PM
Viewed: 7/12/2023 8:57:39 AM
Signed: 7/12/2023 9:07:43 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Joe D. Buchanan
dbuchanan@halff.com
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 12.5.135.162
Sent: 7/12/2023 9:07:47 AM
Viewed: 7/12/2023 9:21:27 AM
Signed: 7/12/2023 9:23:51 AM
Electronic Record and Signature Disclosure:
Accepted: 7/12/2023 9:21:27 AM
ID: 5c968812-0d05-4055-82b6-f0082926ac02
Signer Events Signature Timestamp
Gary Packan
Gary.Packan@cityofdenton.com
Director of Parks and Recreation
Parks and Recreation
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 107.77.197.209
Sent: 7/12/2023 9:23:54 AM
Viewed: 7/12/2023 11:59:24 AM
Signed: 7/12/2023 12:00:09 PM
Electronic Record and Signature Disclosure:
Accepted: 7/12/2023 11:59:24 AM
ID: e3aba57c-f52a-4a87-bf35-788571500617
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.104
Sent: 7/12/2023 12:00:12 PM
Viewed: 8/2/2023 8:06:22 AM
Signed: 8/2/2023 8:06:34 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sara Hensley
sara.hensley@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 8/2/2023 8:06:37 AM
Viewed: 8/2/2023 8:42:02 AM
Signed: 8/2/2023 8:42:11 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jesus Salazar
jesus.salazar@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 8/2/2023 8:42:13 AM
Viewed: 8/2/2023 12:20:24 PM
Signed: 8/2/2023 12:20:46 PM
Electronic Record and Signature Disclosure:
Accepted: 8/2/2023 12:20:24 PM
ID: eb4b78a2-4565-4463-982a-1a281ca6e90f
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 7/11/2023 8:38:21 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Carbon Copy Events Status Timestamp
Gretna Jones
gretna.jones@cityofdenton.com
Legal Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 7/12/2023 12:00:12 PM
Viewed: 7/12/2023 4:32:08 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
City Secretary Office
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 8/2/2023 12:20:49 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Chris Escoto
Chris.Escoto@cityofdenton.com
Park Planner
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 8/2/2023 12:20:51 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 7/11/2023 8:36:54 AM
Certified Delivered Security Checked 8/2/2023 12:20:24 PM
Signing Complete Security Checked 8/2/2023 12:20:46 PM
Completed Security Checked 8/2/2023 12:20:51 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Denton (we, us or Company) may be required by law to provide to
you certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through your DocuSign, Inc.
(DocuSign) Express user account. Please read the information below carefully and thoroughly,
and if you can access this information electronically to your satisfaction and agree to these terms
and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of
this document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. For such copies, as long as you are an authorized user of the
DocuSign system you will have the ability to download and print any documents we send to you
through your DocuSign user account for a limited period of time (usually 30 days) after such
documents are first sent to you. After such time, if you wish for us to send you paper copies of
any such documents from our office to you, you will be charged a $0.00 per-page fee. You may
request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your
DocuSign account. This will indicate to us that you have withdrawn your consent to receive
required notices and disclosures electronically from us and you will no longer be able to use your
DocuSign Express user account to receive required notices and consents electronically from us
or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Joe D. Buchanan, Gary Packan, Jesus Salazar
How to contact City of Denton:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: purchasing@cityofdenton.com
To advise City of Denton of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com
and in the body of such request you must state: your previous e-mail address, your new e-mail
address. We do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper copies from City of Denton
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in
the body of such request you must state your e-mail address, full name, US Postal address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Denton
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you
must state your e-mail, full name, IS Postal Address, telephone number, and account
number. We do not need any other information from you to withdraw consent.. The
consequences of your withdrawing consent for online documents will be that transactions
may take a longer time to process..
Required hardware and software
Operating Systems: Windows2000? or WindowsXP?
Browsers (for SENDERS): Internet Explorer 6.0? or above
Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0,
NetScape 7.2 (or above)
Email: Access to a valid email account
Screen Resolution: 800 x 600 minimum
Enabled Security Settings:
•Allow per session cookies
•Users accessing the internet behind a Proxy
Server must enable HTTP 1.1 settings via
proxy connection
** These minimum requirements are subject to change. If these requirements change, we will
provide you with an email message at the email address we have on file for you at that time
providing you with the revised hardware and software requirements, at which time you will
have the right to withdraw your consent.
Acknowledging your access and consent to receive materials electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please verify that you
were able to read this electronic disclosure and that you also were able to print on paper or
electronically save this page for your future reference and access or that you were able to
e-mail this disclosure and consent to an address where you will be able to print on paper or
save it for your future reference and access. Further, if you consent to receiving notices and
disclosures exclusively in electronic format on the terms and conditions described above,
please let us know by clicking the 'I agree' button below.
By checking the 'I Agree' box, I confirm that:
• I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
• I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
• Until or unless I notify City of Denton as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by City of Denton during the course of my relationship with you.