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Home My WebLink About1997-296ORDINANCE NO "/ / — AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFES- SIONAL� SERVICES CONTRACT WITH HALFF ASSOCIATES, INC TO PROVIDE PRO- FESSIONAL ENGINEERING SERVICES FOR THE DENTON RAIL -TRAIL PROJECT, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EF- FECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION I That the City Manager is hereby authorized to enter into a professional services contract with Halff Associates, Inc to provide professional engineering services for the Denton Rail -Trail project, a copy of which is attached hereto and incorporated by reference herein SECTION II That the City Manager is authorized to expend funds as required by the attached contract SECTION III That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the _Lday of & f t9her , 1997 geOn 114 4 q go . ATTEST JENNIFER WALTERS, CITY SECRETARY 114 TO LEGAL FORM E WOMORMALFF ASSOC ORD DATE OCTOBER 7, 1997 TO Mayor and Members of the City Council FROM Kathy DuBose, Assistant City Manager of Finance SUBJECT RFSP # 2016-ARCHITECTURAL / ENGINEERING SERVICES - DENTON BRANCH RAIL -TRAIL RECOMMENDATION: We recommend this professional services contract for the Architectural/Engineering Services for design and construction review of the Denton Rail to Trail be awarded to Halff Associates, Inc , in the not to exceed amount of $55,294 00 SUMMARY. This contract for professional services includes the architectural/engineenng design of the Denton Rail -Trail Proaect The project consists of converting approximately 8 miles of abandoned railroad track into a 10' wide hike/bike trail The trail runs from Hickory Street in Denton to Burl Road in Corinth and was purchased in June of 1993 Included in the scope of services are the decking of seven railroad trestles, one new bridge, trail signage and other amenities The trail will be constructed of crushed limestone and granite All design and construction must be done in accordance with Texas Department of Transportation (TXDOT) standards Halff Associates, Inc will prepare environmental assessments, perform all field work and alignment of the facility, provide professional services for preparation of specifications and bid documents, coordinate utility relocations, file formal progress reports with the City of Denton, review construction activities and all other services or activities required of the architect/engineer for successful completion of the project PROS DEPARTMENTS OR GROUPS AFFECTED: Parks and Recreation Department, Rail - Trail project and TXDOT FISCAL. IMPACT. Funds for this project are part of an Intermodal Surface Transportation Efficiency (ISTEA) grant from the Federal Government and Administered by the Texas Department of Transportation The City of Denton was awarded this 80% Federal / 20% Local grant in April 1994 Approximately $87,000 00 was set aside as the City of Denton share for professional services and construction cost Total grant was $435,000 00 Attachment List of Firms Responding Respectfully submitted uJo Kai e Assistant Ci Manager of Finance Approved Name Tom D Shaw, C P Title Purchasing Agent Z M.TC0140.1 FIRMS RESPONDING TO RFSP # 2016 Halff Associates Dallas, Texas Armstrong Berger, Inc Dallas, Texas Post, Buckley, Schuh and Jernigan, Inc Dallas, Texas 3 PROFESSIONAL SERVICES AGREEMENT FOR DENTON RAIL -TRAIL PROJECT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT is made and entered into as of the 7 day of OCTOBaR , 1997, by and between the City of Denton, a Texas Municipal Corporation, with its principal office at 215 E McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "OWNER" and Halff Associates, Inc , with its corporate office at 8618 Northwest Plaza Drive, Dallas, Texas 75225, hereinafter called the "CONSULTANT", acting herein, by and through their duly authorized representatives WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows ARTICLE I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the sections to follow, with diligence and in accordance with the professional standards customarily obtained for such services in the State of Texas The professional services set out herein are in connection with the following described project The eight (8) mile long Denton Rail -Trail Project from Hickory Street in Denton to Burl Road in Corinth ARTICLE II SCOPE OF SERVICES The CONSULTANT shall perform the following services in a professional manner A The CONSULTANT shall perform all those services as necessary and as described in the OWNER's Request for Proposal Denton Branch Rail Trail RFSP 2016 request, which is attached hereto and made a part hereof as Exhibit "A" as if written word for word herein B To perform all those services set forth in CONSULTANT's Proposal and Scope of Work dated July 17, 1997, which proposal is attached hereto and made a part hereof as Exhibit "B," including Exhibit "B-1," as if written word for word herein C CONSULTANT shall perform all those services set forth in individual task orders which shall be attached to this Agree- ment and made a part hereof for all purposes as separate agreements D If there is any conflict between the terms of this Agreement and the exhibits attached to this Agreement, the terms and conditions of this Agreement will control over the terms and conditions of the attached exhibits or task orders ARTICLE III ADDITIONAL SERVICES Additional services to be performed by the CONSULTANT, if authorized by the OWNER, through its City Council and after being negotiated by the respective parties, which are not included in the above -described Basic Services, are described as follows A During the course of the Project, as requested by OWNER, the CONSULTANT will be available to accompany OWNER's personnel when meeting with the Texas Natural Resource Conservation Commission, U S Environmental Protection Agency, or other regulatory agencies The CONSULTANT will assist OWNER's personnel on an as -needed basis in preparing compliance schedules, progress reports, and providing general technical support for the OWNER's compliance efforts B Assisting OWNER or Contractor in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this Agreement Such services, if any, shall be furnished by CONSULTANT on a fee basis negotiated by the re- spective parties outside of and in addition to this Agreement C Sampling, testing, or analysis beyond that specifically included in Basic Services D Preparing copies of Computer Aided Drafting (CAD) electronic data bases, drawings, or files for the OWNER's use in a future CAD system E Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications F Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties or condemnation proceedings arising from the development or construction of the Project, including the preparation of engineering data and reports for assistance to the OWNER G Providing geotechnical investigations for the site, including soil borings, related analyses, and recommendations PAGE 2 ARTICLE IV PERIOD OF SERVICE This Agreement shall become effective upon execution of this Agreement by the OWNER and the CONSULTANT and upon issue of a notice to proceed by the OWNER, and shall remain in force for the period which may reasonably be required for the completion of the Pro)ect, including Additional Services, if any, and any required extensions approved by the OWNER This Agreement may be sooner terminated in accordance with the provisions hereof Time is of the essence in this Agreement The CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule established by the OWNER, acting through its City Manager or his designee ARTICLE V COMPENSATION A COMPENSATION TERMS 1 "Subcontract Expense" is defined as expenses incurred by the CONSULTANT in employment of others in outside firms for services in the nature of Trail planning and design 2 "Direct Non -Labor Expense" is defined as that expense incurred by the CONSULTANT for supplies, transportation and equipment, travel, communications, subsistence, and lodging away from home, and similar incidental expenses incurred in connection with a particular work order or task B BILLING AND PAYMENT For and in consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay, based on the cost estimate detail at an hourly rate shown in Exhibit "C" which is attached hereto and made a part of this Agreement as if written word for word herein, a total fee, including reimbursement for direct non -labor expenses not to exceed $55,294 Partial payments to the CONSULTANT will be made on the basis of detailed monthly statements rendered to and approved by the OWNER through its City Manager or his designee, however, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered The OWNER may withhold the final 5% of the Agreement amount until completion of the Pro3ect Nothing contained in this Article shall require the OWNER to pay for any work which is unsatisfactory, as reasonably deter- mined by the City Manager or his designee, or which is not submitted in compliance with the terms of this Agreement The OWNER shall not be required to make any payments to the CONSUL- TANT when the CONSULTANT is in default under this Agreement PAGE 3 It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense, or reimbursement above the maximum not to exceed fee as stated, without first having obtained written authorization from the OWNER The CONSULTANT shall not proceed to perform the services listed in Article III "Additional Services," without obtaining prior written authorization from the OWNER C ADDITIONAL SERVICES For additional services authorized in writing by the OWNER in Article III, the CONSULTANT shall be paid based on the Schedule of Charges at an hourly rate shown in Exhibit "C" Payments for additional services shall be due and payable upon submis- sion by the CONSULTANT, and shall be in accordance with Subsec- tion B hereof Statements shall not be submitted more fre- quently than monthly D PAYMENT If the OWNER fails to make payments due the CONSULTANT for services and expenses within sixty (60) days after receipt of the CONSULTANT's undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (l%-) per month from the said sixtieth (60th) day, and, in addition, the CONSULTANT may, after giving seven (7) days' written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full all amounts due for services, expenses, and charges, provided, however, nothing herein shall require the OWNER to pay the late charge of one percent (1%) set forth herein if the OWNER reasonably determines that the work is unsatisfactory, in accordance with this Article V "Compensation " ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any subcontractors or subconsultants ARTICLE VII OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and shall become the property of the OWNER upon the termination of this Agreement The CONSUL- TANT is entitled to retain copies of all such documents The documents prepared and furnished by the CONSULTANT are intended only to be applicable to this Project, and OWNER's use of these documents for other projects shall be at OWNER's sole risk and PAGE 4 expense in the event the OWNER uses any of the information or materials developed pursuant to this Agreement for another project or for other purposes than specified herein, CONSULTANT is released from any and all liability relating to their use in that project ARTICLE VIII INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER CONSULTANT shall not have or claim any right arising from employee status ARTICLE IX INDEMNITY AGREE The CONSULTANT shall indemnify and save and hold harmless the OWNER and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the OWNER, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved ARTICLE X INSURANCE During the performance of the services under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above A Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate B Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property damage limits for not less than $100,000 for each accident C Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of PAGE 5 not less than $100,000 for each accident D Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate E The CONSULTANT shall furnish insurance certificates or insur- ance policies at the OWNER's request to evidence such coverages The insurance policies shall name the OWNER as an additional insured on all such policies, and shall contain a provision that such insurance shall not be canceled or modified without 30 days prior written notice to OWNER and CONSULTANT In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage ARTICLE XI ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution, such as mediation No arbitration or alternate dispute resolution arising out of or relating to this Agreement, involving one party's disagreement, may include the other party to the disagreement without the other's approval ARTICLE XII TERMINATION OF AGREEMENT A Notwithstanding any other provision of this Agreement, either party may terminate by giving thirty (30) days advance written notice to the other party B This Agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement No such termination will be affected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the nonperformance, and not less than 30 calendar days to cure the failure, and (2) an opportunity for consultation with the terminating party prior to termination C If the Agreement is terminated prior to completion of the ser- vices to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final invoice for services to the OWNER within 30 days after the date of termina- tion The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reimbursable expenses incurred prior to the date of termination, in ac- cordance with Article V "Compensation" Should the OWNER sub- sequently contract with a new consultant for the continuation of services on the Pro3ect, CONSULTANT shall cooperate in providing information The CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, PAGE 6 but may maintain copies of such documents for its use ARTICLE XIII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not constitute, nor be deemed a release of the responsibility and liability of the CONSULTANT, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work, nor shall such approval be deemed to be an assumption of such responsi- bility by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents, and consultants ARTICLE XIV NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail at the address shown below, certified mail, return receipt requested, UPS, or Federal Express, unless otherwise specified herein Mailed notices shall be deemed communicated as of three days mailing To CONSULTANT To OWNER Halff Associates City of Denton ATTN Jim Carillo, AICP, ASLA ATTN Ed Hodney, Director of 8616 Northwest Plaza Drive Parks & Recreation Dallas, Texas 75225 215 E McKinney Denton, Texas 76201 All notices shall be deemed effective upon receipt by the sending party of documentation indicating delivery to receiving party, including, without limitation, by certified mail, return receipt requested ARTICLE XV ENTIRE AGREEM' This Agreement, consisting of 11 pages and 2 exhibits, constitutes the complete and final expression of the Agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior con- temporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof ARTICLE XVI SEVERABILITY If any provision(s) of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable PAGE 7 In such event, the parties shall work together to reform this Agreement by replacing such stricken provision(s) with a valid and enforceable provision which comes as close as possible to express- ing the intention of the stricken provision Determination of the original intent of the stricken provision shall be a function of the intent believed by both parties If the parties cannot resolve the question of the original intent the Agreement shall be enforced without applying such stricken provision If such stricken provision(s) cannot be deleted without resulting in undue burden to one or more party to the Agreement, then a third party arbiter, selection of whom is mutually agreed by both parties to the Agreement, shall provide a final and enforceable provision(s) that will be incorporated in this Agreement If the parties cannot agree on a third party arbiter, both parties will name one arbiter, and the named arbiters will select a third arbiter, which panel of arbiters will make the final decision required herein ARTICLE XVII LIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the services covered hereunder as they read at the time the services are performed ARTICLE XVIII DISCRIMINATION PROH In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap ARTICLE XIX PERSONNEL A The CONSULTANT represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement Such personnel shall not be employees or officers of, or have any contractual relations with the OWNER CONSULTANT shall inform the OWNER of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement B All services required hereunder will be performed by the CONSULTANT or under its supervision All personnel engaged in work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services ARTICLE XX ASSIGNABILITY The CONSULTANT shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written PAGE 8 consent of the OWNER ARTICLE XXI MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed, and the parties further agree that the provisions of this section will not be waived unless as herein set forth ARTICLE XXII MISCELLANEOUS A The following exhibits are attached to and made a part of this Agreement (list exhibits) B CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the CONSULTANT involv- ing transactions relating to this Agreement CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this section OWNER shall give CONSULTANT reasonable advance notice of intended audits C Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas This Agreement shall be construed in accordance with the laws of the State of Texas D For the purpose of this Agreement, the key persons who will perform most of this work hereunder shall be Jim Carrillo, who shall be CONSULTANT's Project Manager who shall not be changed without prior OWNER approval However, nothing herein shall limit CONSULTANT from using any other qualified and competent members of its firm to perform the services required herein E CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, efficient manner and in accordance with the provisions hereof CONSULTANT shall use its best efforts to insure that the work involved is properly coordinated with related work being carried on by OWNER F The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, PAGE 9 and make all provisions for the CONSULTANT to enter in or upon public and private property as required for the CONSULTANT to perform services under this Agreement G The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and CONSULTANT has executed this Agreement through iss duly authorized undersigned officer on this the �a1` day of 19_ CITY OF DENTON, TEXAS ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L TO LEGAL FORM PROUTY, CITY ATTORNEY By PAGE 10 TED BENAVIDES, CITY MANAGER CONSULTANT By �c�7 Y 21L Name L K H N Z Title e) errs�h�a opr1rer Exhibit A REQUEST FOR PROPOSALS • '7 CITY OF DENTON DEPARTMENT OF PARKS AND RECREATION Description of Proposed Facility: Denton Branch Rail Trail and Historical Depot renovation The City of Denton acquired eight miles of railroad right-of-way and an 1880s railroad freight station for the purposes of creating an alternate transportation mode for bicyclists and pedestrians The right-of-way extends from near downtown Denton at Hickory Street and Railroad Avenue southeast to a point north of Swisher Road in the City of Corinth. This right-of-way parallels I-35E The project is in two parts: (1) Depot Renovation of the 1880 freight depot at its new location on an undetermined location at the head of the trail The renovation will include exterior items as roof, windows, doors, plumbing and electric (2) Trail Design and construct a 10 (ten) foot hike/bike trail on an eight -mile abandoned railroad right-of-way This will include decking seven railroad trestles with planking and safety railing, one new bridge, trail signage and other user amenities The trail will be constructed from crusted limestone and granite The total project budget for construction is $348,000 00 for both parts All design and construction is to be done in accordance with Texas Department of Transportation's (TXDOT) latest Standard Spec(ftcation for Construction of Highways, Streets and Bridges and American Association of State Highway and Transportation Official's (AASHTO) Guide for Development of Bicycle Facilities REQUEST FOR PROPOSALS DENTON BRANCH RAILS TO TRAILS PROJECT Generalized Summary of Services to be Provided by the Consultant The intent of this request is to enter into a professional services contract with a Registered Professional Engineer in the State of Texas with a qualified staff for the environmental assessment, complete design, plan development, specification assemblage, construction cost estimate and easement/right-of-way map and legal description preparation for the Denton Branch Rail Trail Project The consultant must have a demonstrated high level of expertise in the analysis, design and plan preparation for trail (pedestrian, non-motonzed) systems Solicitation of input from various utility companies and a clear understanding of physical conditions is required Design work should be coordinated with various entities to insure proposed facilities can be implemented within the construction budget The prime consultant will be required to perform a minimum of thirty (30%) percent of the work necessary for this project Consultants selected for interviews must provide a list and description of other projects that the project manager is assigned, in addition to projects proposed The project manager may not be changed without prior City approval The consultant will be required to closely adhere to the preliminary work schedule for the respective project as shown on page 7 Services to be Provided by the City The City of Denton Parks and Recreation Department will provide upon request to the consultant 1 Available park maps which illustrate various improvements within their boundaries 2 Assistance in retrieving as built drawings of various City infrastructure items, i e , sanitary sewer lines, existing bridges and street facilities 3 Benchmark elevations and descriptions for vertical control 4 Available horizontal control points 5 Data and/or reports that the City of Denton Parks and Recreation Department has on file concerning these projects Page 1 of 12 6 Aerial photographs (contact prints) as available through the Denton Appraisal District The City of Denton Parks and Recreation Department or appropriate City departments will provide 1 Coordination of project approval with all reviewing agencies, TXDOT and the Federal Highways Administration (FHWA) 2 Conduct all public meetings and hearings with assistance from consultant and be the primary contact for all inquiries concerning the project 3 Negotiate with all private landowners for any easements or right-of-ways 4 Assist the consultant, as necessary, in order to obtain the required data and information from other local, regional, State and Federal agencies 5 Provide the consultant with timely review and decisions necessary in order to permit Services To Be Provided By the Consultant The consultant will be responsible for providing the following work tasks or services 1 Prepare an environmental assessment in accordance with TXDOT and FHWA requirements Cultural Resources investigation will be performed by TXDOT representative 2 Perform all necessary field work, analysis and design to establish alignment of proposed facility. 3 Prepare public meeting and hearing displays and assist in the technical presentation of these displays 4 Document the public hearing by a Audio recording b Transcribed verbatim record of proceedings 5 Prepare necessary written responses to questions received at the public hearing and prepare the public hearing summary and analysis 6 Provide professional services required for the design and preparation of plans, specifications and estimates (PS&E) The exact limits of the PS&E will be determined during the design phase and will include appropriate transitions where required to connect existing facilities, i e , streets, walkways, bridges Page 2 of 12 7 The consultant shall collect, review and evaluate all of the available existing data pertaining to the project and prepare the PS&E in accordance with the requirements and policies of the TXDOT The consultant shall design to avoid conflicts with or minimize major relocation of utilities 9 Provide design field surveys for this project as necessary 10 Determine the need for easements and/or right-of-ways and furnish this information to the City. After approval by the City, the consultant shall then prepare easement or right- of-way maps and appropriate instruments of conveyance These instruments shall be signed, sealed, and dated by a Texas Registered Public Surveyor 11 The consultant will be required to meet with the designated City representative on a regularly scheduled basis to report on progress A typewritten progress report will be required, together with evidence of the work accomplished during the period since the previous report A bar chart indicating the percentage of completion of each task will also be required Formal progress reports with bar charts will be required on a monthly basis 12 Prepare a detailed contract time estimate work sheet to determine the approximate time (working days), based on the TXDOT standard definition of a working day, requited for construction of the contract for which the consultant is providing complete engineering services 13 The engineering services for design and preparation of plans and specifications will include determination of full and detailed provisions for scheduling of construction work and detailed traffic control plan, if necessary during the construction period A narrative sequencing shall be included with the traffic control plan and in the Special Provisions for the project 14 The consultant will provide all services necessary for the work except the before mentioned services specifically identified under "Services to be Provided by the City " Contract Constraints and Conditions The project will be developed in the metric units This contract shall attempt to use historically under-utilized businesses All businesses must be certified by the TXDOT at the time of proposal submittal The construction plans to be prepared by the consultant for these projects will contain all of the required plans and details pertaining to grading, paving, layouts, drainage, storm sewer, storm Page 3 of 12 water pollution plan, signing, pavement marking, storm water pollution prevention plan (SW3P), and all details necessary for construction PS&E for the above work shall be prepared in accordance with the applicable requirements of TXDOT specifications, standards, and manuals and Association of State Highway and Transportation Official's (AASHTO) Guide for Development of Bicycle Facilities Whenever possible, the TXDOT's standard drawings, standard specifications, or previously approved special provisions and/or special specifications will be used If a special provision and/or special specification must be developed for this project, the provider shall develop it in the TXDOT format and, to the extent possible, incorporate references to approved TXDOT test procedures Any design exceptions to TXDOT standards should be requested in writing by the consultant The engineering work on these projects will be performed and may be inspected by the City in the offices of the Engineer, except for the field work which shall be performed on -site Prior to negotiation of the professional services contract the selected consultant will be required to provide a "Prenegotiation Audit " The consultant shall submit this prenegotiation audit to provide the necessary data to assure that the consultant has an acceptable accounting system, adequate and proper justification of the various rates charged to perform work and is aware of the TXDOT's cost eligibility and documentation requirements The consultant will be given the option of submitting a recent independently performed audit PROPOSED FORMAT Proposal Requirements The proposal shall be limited in length as noted below Information presented in the proposal will be used to evaluate the professional services consultant and determine the consultants which will be asked to interview Additional pages over the maximum total shown will not be considered in the evaluation and may be cause to reject the proposal The following outlines information which should be transmitted in the proposal and recommended number of pages Introductory Letter (4 Pages) Letter should clearly state which project or projects the consultant is submitting a proposal This section of the proposal should include professional qualifications, office location, number of years in business and team composition Project Manager/Project Team (4 Pages) This section should highlight the experience of the project manager, project team, and ability to commitment of resources Project Scope (3 Pages Per Project) The proposal should 1) demonstrate an understanding of the scope of services, 2) address proposed approach to complete the scope, 3) address appropriate Federal/State/Local Page 4 of 12 regulations and policies, and 4) identify information to be gathered or obtained Any work on similar type projects should be listed to validate this understanding Familiarity with Applicable Rules and Regulations (3 Pages) The proposal should indicate, through past experience of the consultant or team, that they possess sufficient knowledge of governmental regulations, appropriate codes, and professional standards Ability to Meet Schedules (1 Page) The consultant must demonstrate that sufficient and knowledgeable staff are available to successfully meet the schedules proposed by the City of Denton DBE Status (1 Page) The proposal must demonstrate the consultant's plan to utilize DBE services for this federally funded project A DBE firm must be certified by TXDOT (for Federal Highway Administration) Maximum total pages 16 Number of pages per section may vary depending on the nature of the project, but must total no more than the before mentioned limits, excluding appendices The following appendix items are allowable within the maximum pages as noted • Project Team Resumes (2 Pages/Person) • References (3 Pages) • Debarment Certification (I Page/Consultant or Sub -Consultant) • Listing of similar projects performed in the last five (5) years Include date, project names, locations, project manager, disciplines of work, construction budget, and consultant fee (No limit on pages) • Company Brochure (Optional) NOTE: A page is considered to be letter size printed on one side, single-spaced with characters no smaller than 12 point. All proposals submitted must contain rive (5) copies. PROPOSAL/INTERVIEW EVALUATION PROCESS Each proposal will be scored by a pre -interview selection committee comprised of representatives from the City's Parks and Recreation Department, Department of Transportation and Engineering and Purchasing Department The top four (4) scorers will be notified of qualification for the interview process Page 5 of 12 Proposal Evaluation Criteria The pre -interview selection committee will score each of the proposals based on the following scale SCORE QUALIFICATION LEVEL 0 Does not meet qualifications 1 Meets minimum qualifications 3 Meets preferred qualifications 5 Exceeds preferred qualifications It is necessary that the consultant know the minimum and preferred criteria used to evaluate their proposal, so they may determine if they possess the qualifications/expenence necessary for the proposed project • Professional Qualifications of Team The firm should provide information on their business, applicable certifications or recognition, and other pertinent information that demonstrates their qualifications to perform the contract Also provide education, training, certification, awards, etc , for individual employees including employees of sub -consultants Within the last five (5) years, the consultant and any proposed sub -consultant should have experience in performing similar contracts for the City of Denton, TXDOT or other clients Performance records on file with the City for contracts completed in the last five (5) years, will be reviewed and considered The lack of an evaluation for prior City work will not be held against a firm, and similar experience gained through other clients may be substantiated by references NOTE: The evaluation of this criteria will require that the team shall have completed at least one (1) and preferably two (2) trail/park development project(s) within the last five (5) years. • Experience/Availability of Project Manager The project manager must have adequate experience in managing projects of a similar nature and scope, and shall be a Professional Engineer, Architect or Landscape Architect registered in the State of Texas The project manager's resume must be included in an appendix NOTE: The evaluation of this criteria will require that the project manager have as a minimum two (2) years or preferably five (5) years, experience managing train/park development projects. • Experience of Project Team/Ability to Commit Resources The consultant should designate experienced professional and technical staff to competently and efficiently perform the work, either through their own personnel, sub - consultants, or commitment to hire additional staff The proposal should identify the project team composition, project leadership, reporting responsibilities, and address how Page 6 of 12 sub -consultants will fit into the management structure The proposal should include consultants in an appendix, which presents up to five (5) years work experience of the firm, and individual experience gained under other employers Information should include sub -consultant's records as well Resumes of the key design team members, limited to two (2) pages per person, are included in an appendix NOTE: The evaluation of this criteria will require that each team member have as a minimum two (2) years or preferably five (5) years experience working on train/park development projects. • Understanding of Scope The Proposal should include the following - Demonstrate an understanding of the scope of services - Address proposed approach to complete the scope - Address appropriate Federal/State/Local regulations and policies - Identify information to be gathered or obtained Any work on similar type projects should be listed to validate this understanding NOTE: The evaluation of this criteria shall require that the proposal as a minimum demonstrate an understanding of scope of services and address appropriate Federal/State/Local regulations and policies; or preferably, demonstrate an understanding of the scope of services, address proposed approach to complete the scope, address appropriate Federal/State/Local regulations and policies, and identity information to be gathered or obtained. • Familiarity with Applicable Rules and Regulations The proposal should indicate, through past experience of the consultant or sub -consultant that they possess sufficient knowledge of governmental regulations, appropriate codes and professional standards NOTE: The evaluation of this criteria shall be based on the Performance Evaluation completed by previous clients and provided in the proposal package. As a minimum, projects requiring the complexity similar to those being proposed which have been undertaken by the design team, should be demonstrated. • Ability to Meet Proposed Schedule The consultant must demonstrate that sufficient and knowledgeable staff are available to successfully meet the schedules proposed by the City NOTE: The criteria will be evaluated based on a work and resource schedule developed by the consultant to meet the project schedule with assurances that required staffing levels are available. Page 7 of 12 • DBE Status The consultant must demonstrate the plan to utilize DBE services, either through prime consultant services or sub -consultant services, to meet or exceed the project goal of twenty (20%) percent participation The weighing of each criteria as it relates to the particular project is shown in the following evaluation form Interview Selection Qualification Rating % of Importance Score Criteria Level Ranee Score Importance 1 Professional Qualifications 0-5 X 10% 2 Experience of Project Team 0-5 X 25 % 3 Expenence/Availability of Project Manager 0-5 X 10% 4 Understanding of Project 0-5 X 20% 5 Familiarity with Applicable Rules and Regulations 0-5 X 5 % 6 Ability to Meet Proposed Schedule 0-5 X 15 % 7 DBE Status 0-5 X 15% TOTAL 100% _ Interview Evaluation Criteria The interview committee will be comprised of representatives from the City's Parks and Recreation Department, Department of Engineering and Transportation, and Purchasing Department The score determined by the pre -interview selection committee will represent forty (40%) percent of the overall scoring system while the interview committee's score will account for sixty (60%) percent of the total rating score The interview committee's scoring will be based upon the following criteria and scale Score Qualification Level 0 Does not meet qualifications 1 Meets minimum qualifications 3 Meets preferred qualifications 5 Exceeds preferred qualifications Page 8 of 12 Understanding of Scope The consultant must demonstrate a thorough understanding of the tasks involved in the scope of work outlined in the PFP, applicable rules, regulations and codes, and special information to be gathered The consultant's project manager must be able to communicate and exchange ideas and information in an effective manner NOTE: The evaluation criteria will be based on questions related to tasks defined in "Services to be Provided by the Consultant." To meet minimum qualifications, the consultant must demonstrate a thorough understanding of seventy (70%) percent of the task related questions as posed by the interview committee. A preferred rating will require ninety (90%) percent understanding of the aforementioned tasks. Experience of Project Manager/Team (Including Sub -Consultants) The project manager must demonstrate adequate experience in managing projects of a similar nature and scope, and must be available to commit appropriate hours and supervision to the contract The consultant must demonstrate that the proposed project team composition and project leadership, is capable of successfully completing the contract NOTE: The evaluation criteria for this requirement will be as a minimum two (2) years, or five (5) years preferred, of credible experience as established through the interview process. Ability to Commit Resources to Meet the Proposed Schedule The consultant must demonstrate that sufficient and knowledgeable staff are available, or will be available upon commencement of the contract, to successfully meet the schedules proposed by the City The consultant is required to disclose the Project Manager's current assigned commitments and commitments in proposals under review in order to evaluate time available for dedication to the contract NOTE: This criteria will be evaluated based on evidence demonstrated during the Interview process that sufficient resources are available to meet schedules proposed by the City for a minimum performance or to exceed proposed City schedules for a preferred rating. Page 9 of 12 The weighing of each criteria as it relates to the particular project is shown in the following evaluation form Selection Qualification Criteria Level Ranee 1 Understanding of Scope 0-5 2 Experience of Project Manager/Team (Including Sub -consultants) 0-5 3 Ability to Commit Resources to Meet Proposed Schedule 0-5 Rating Score % of Importance X 50% X 25 % X 25 % Total Interview Score 0 Overall Evaluation Scoring The selection of the top consultant proposal and interview presentation will be calculated on the following format Proposal Score Interview Score 0-5 0-5 Page 10 of 12 X 40 % X 60 % Total Score SUMMARY Each proposal must be submitted no later than February 20, 1997 at 2 p m Submittals should be mailed or delivered to the City of Denton, Purchasing Department, 901-B Texas Street, Denton, TX 76201, Attention Robert K Tickner Please submit five (5) copies of your proposal. A pre -proposal meeting will be held at 2 p m February 11, 1997 at the Denton City Hall, 215 E McKinney Street, Civil Defense Conference Room Each proposal should include the recommended information and completed debarment certifications for each provider on your team Should you have any questions, please contact Bob Tickner, Superintendent of Parks at 817-566-8275 AMroFW Page 11 of 12 DEBARMENT CERTIFICATION (Negotiated Contracts) (1) The CONSULTANT certifies to the best of its knowledge and belief, that it and its principals suspended, proposed for debarment,federal declaredineligible or (a) Are not presently debarred, Pe or voluntarily excluded from covered transactions by any agency, nod preceding this proposal been convicted of or had (b) Have not within a rendered in performing a public transaction a civil Judgment rendered against them for o��ns o° � f fraud or a criminal offense or in connection with obtaining, attempting or contract under a public transactton, violation of federalfalsification anor destruction titrust statues of commission of embezzlement, theft, forgery, bnbery, records, making false statements, or receiving stolen property, Are not presently indicted for or otherwise criminally or civilly charged by a (c) of the offenses enumerated m paragraph governmentalof ths certification, and commission of any (1)(b) sal had one or (d) Have not within a three-year period preceding this fault non/prop° more public transactions* terminated for cause or default any State agency for Have not been disciplined or issued a formal reprimand by (e) past Years professional accreditation within the p nts in this certification, unable to certify to any of the stateme (2) uchrCONSULTANT shall attach an explanation to this certification *Federal, state or local Name of Firm Signature of Certifying Official Title Date Page 12 of 12 S;E Halff Associates ENGINEERS • ARCHITECTS • SCIENTISTS PLANNERS• SURVEYORS EXHIBIT ' B' SCOPE OF WORK Denton Rail Trail A Segment of the Trinity Trails from Hickory Street to near Burl Road forthe City of Denton INTRODUCTION The City of Denton has received transportation enhancement funding from the Texas Department of Transportation (TxDOT) for the construction of a pedestrian and bicycle trail The project area is defined as Approximately 8 miles of trail along the abandoned MKT Railroad alignment, from Hickory Street in Downtown Denton south/southeast to near Burl Road The scope of work for the proposed project is as follows BASIC SERVICES Task 1.0 Project Data Collection 1.1 Prepare schematic base mapping for the project area • Regional level base mapping from available TxDOT digital mapping at 120,000 (approximately 1"=1600') scale • Planning base map in digital form at 1 500 meter scale (1"= 40'+/-), prepared from existing surveys, utility maps and railroad R O W mapping as available • Detail mapping as necessary for specific areas at 1200 scale (1 "= 16'+/-) (note scales may vary depending on available mapping) 12 Assemble available Information on trail corridor, including • Existing utilities in trail corridor, including water, sewer, storm drainage, electrical, gas, telephone, cable TV, etc (utility information to be provided by the City of Denton) • Previous City of Denton trail studies, design concepts, Enhancement Funding Exhibit B - Scope of Services Page 1 07/17/97 Halff Associates ENGINEERS • ARCHITECTS • SCIENTISTS PLANNERS• SURVEYORS application, Park Master Plans, etc Trinity Trails mapping, studies, etc 1.3 Review existing ownership lines and applicable jurisdiction lines, easements, rights - of -way, etc from available existing information (based on adjacent ownership information to be provided by the City of Denton) 14 Identify existing corridor features which will impact trail alignment, such as • vegetation, • adjacent side -slope, • current uses in rail corridor and adjacent areas, • street intersections, • surface utilities, • other existing features as applicable 15 Identify key area land uses - Identify and map land uses adjacent to the corridor which may generate trips along the trail, such as nearby schools, the Central Business District (CBD), parks, recreational facilities, retail areas, major employers, etc 16 Review and map existing and future potential connections to trail corridor Incorporate city-wide trail master planning data as applicable 17 Prepare opportunities and constraints exhibits - Prepare exhibit at an area - wide scale to illustrate opportunities and constraints associated with the trail corridors Task 2,0 Environmental Assessment and Cultural Resources Review 21 Conduct preliminary review of trail corridor for potential environmental hazards Review findings with City of Denton staff Recommend potential to seek categorical exclusion or need to conduct further evaluations Z2 Letter requesting Categorical Exclusion status for project - prepare letter report requesting categorical exclusion status for project Review with TxDOT, Fish & Wildlife and other governmental entities as necessary Assist City of Denton in addressing specific comments as necessary Submission of the Letter Report may be done after a specific trail alignment and location in the corridor is selected 23 Cultural Resources Assessment - Assist City of Denton in placing the project on Exhibit B - Scope of Services Page 2 07/17/97 Halff Associates ENGINEERS • ARCHITECTS • SCIENTISTS PLANNERS -SURVEYORS TxDOT's schedule for a cultural resources assessment Task 3.0 Schematic Design 31 Prepare target design criteria for trail sections - Base on AASHTO and North Central Texas Council of Governments (NCTCOG) specifications, including • trail width and shoulder dimensions, • preferred bridge width and rail heights • curvature, • cross slope, • preferred street crossing locations, • criteria for maximum adjacent side -slope, 32 Develop concept level solution for trail design - Prepare concept level sketches for • Develop concept trail alignments on 1 200/1 500 scale maps, with typical sections • Develop conceptual crossing, signage and visibility recommendations for major intersections • Conduct structural review of existing bridges, and recommend structural solutions • Develop conceptual bridge crossing solution for drainage channel near Martin Street • Develop conceptual plan and section alternatives for trestles • Develop conceptual arrangement for project termini at Hickory Street and Swisher Road 3.3 Review alignments and conceptual solutions with City of Denton staff - Review with City of Denton and TxDOT staff, and modify as appropriate per review comments 34 Schematic Level Statement of Probable Cost - Develop preliminary construction statement of probable cost, based on proposed alignment and selected treatments Task 4 - Public Input 41 Prepare exhibits for public meeting - Prepare plan, section and presentation materials for public meeting Prepare handout materials for meeting Placement of advertisement(s) and notification for the meeting will be the responsibility of the Exhibit B - Scope of Services Page 3 07/17/97 Halff Associates ENGINEERS • ARCHITECTS • SCIENTISTS PLANNERS• SURVEYORS City of Denton 42 Conduct public meeting to present schematic alignment and receive public input - Conduct informal initial "open house" format prior to beginning of the meeting Conduct second portion of meeting with presentation and review and public comment Document meeting in audio format 43 Prepare summary of meeting results - prepare written summary of meeting, including public comments and questions 44 Prepare written responses to questions and comments raised in public meeting - Prepare responses in letter format, with question or comment shown before response Task 5 - Preparation of Schematic Level Submission 51 Prepare Schematic submission packet - Refine concept level drawings and prepare schematic review set packet for submission to TOOT for review and comment 5.2 Review with City and TxDOT staff - Conduct a review meeting with City and TOOT staff Deliver up to five sets of schematic level plans for review by TOOT 53 Respond to TxDOT Comments - Review TOOT comments during the review period with City of Denton Staff and respond to comments as necessary Task 6 Survey for Design 61 Determine where surveying is required - Review schematic drawings and other available information and determine locations where on the ground surrey data is required The majority of the corridor will not be surveyed as part of this basic scope of work The basic scope of work provides for up to 40 hours of surveying by a two man crew, including travel time Items to be surveyed (subject to change as more detailed study occurs) include • Cross sections at critical points • Location of significant trees impacted by the trail alignment only at intersections • Significant low points along the corridor • Street elevations and major features at key major intersections • Centerline grades along the rail R O W for 30' to 50' at the approaches to each intersection Exhibit B - Scope of Services Page 4 07/17/97 Halff Associates ENGINEERS • ARCHITECTS • SCIENTISTS PLANNERS• SURVEYORS 62 Review scope of surveying required with City of Denton staff 6.3 Conduct survey- conduct on the ground survey Task 7 Final Plans/Specifications 71 Incorporate survey data Into base mapping - assemble and incorporate survey data gathered in task 6 0 into the base files to be used in the preparation of final drawings 7.2 Prepare constructlon plans - Prepare plans and typical sections at 1200 (1"=166') 1 500 (1"=41 T) and 1 1000 (1"= 83') scales as appropriate (Note scales may vary based on available base Information) Profiles will not be prepared except as required at the approaches to Intersections 73 Design signage and pavement markings - Design pavement markings and signing according to Texas Manual of Uniform Traffic Control Devices (TMUTCD) requirements 74 Typical Details - Prepare typical trail, trestle and new bridge details as required Where feasible, use typical bridge decking and rail details developed for the Mineral Wells or other rails to trails projects Note that bridge repair and modification detailing may utilize photographs with notes to specify points to repair Drawings of each bridge may not be included in the construction drawings The scope shown assumes that the existing bridges will not be widened beyond the 10' width of the trail, additional widening may require additional fees 7.5 Landscaping and Amenity plans - as required for buffering or enhancement, prepare landscaping plans for trail corridor, using Xeriscape techniques wherever possible 76 Assemble and modify, as necessary, TxDOT standard sheets -Prepare specification data notes, quantity summaries, and pay item data in TxDOT ASCII format (if required) 7.7 Traffic control and Stonnwater pollution prevention plans - prepare traffic control and SWP3 (stormwater pollution prevention) plan per TxDOT standards as appropriate Traffic plans will not be prepared for each intersection, but will reference the Texas Department of Transportation Traffic Control Standard Sheets and the Texas Manual on Uniform Control Devices for Streets and Highways with Part 6 for traffic flow during construction Stormwater pollution plans will utilize standard detail sheets Exhibit B . Scope of Services Page 5 07/17/97 101 Halff Associates ENGINEERS - ARCHITECTS - SCIENTISTS PLANNERS -SURVEYORS 78 Final Cost Estimate - Revise statement of probable cost based on final drawings Review with City of Denton staff 79 Submit plans to City staff, TxDOT for final review Incorporate or address review comments 710 Submit final plans and specifications to City and TxDOT A reproducible set of drawings, along with an original set of specifications shall be submitted to the City of Denton In addition, all constriction drawings generated on CADD shall be delivered on diskette or CD form to the City of Denton If required, an additional original set of the plans and specifications can be delivered to TxDOT Pnnting of bid packages will be performed by TxDOT or by the City of Denton, and is not included in this scope of services Exhibit 8 - Scope of Services Page 6 07/17/97 8818 NORTHWEST PLAZA DR2\ E Halff Associates DALLAS TEXAS i 52Z^ (214) 739 0004 FAX (214) 739 0055 ENGINEERS • ARCHITECTS • SCIENTISTS PLANNERS • SURVEYORS SCOPE OF WORK ASSUMPTIONS The items listed below are services which are not currently foreseen as being required to design the proposed trail, and are not included in the basic services scope of work These items can be provided as additional services at an additional cost should they be required Assumptions related to the services required are also shown below 1 No Storm inlet relocations are anticipated in the project, and if needed will be considered an additional service Minor new culverts for area drainage will be included on an as -needed basis No other utility relocations will be designed as part of this project 2 Plans will be prepared in metric format, with English unit dimensions where necessary for public review and understanding of the project 3 No submittals or coordination with the Federal Emergency Management Agency (FEMA) are proposed 4 Postage and mailing of public meeting advertisement notice costs will be provided by the City of Denton 5 Traffic signal design is not considered to be necessary at this time, and if deemed necessary after further design will be considered an additional service 6 No wetland mitigation plans are proposed, and if required are an additional service 7 As -built plans are considered an additional service If required, as -built plans will be prepared by the Consultant on an as -needed basis, using documentation provided by the TxDOT on -site inspector Time spent documenting as -built changes will be billed on an hourly basis, and is not included in the basic services scope of work (See special services scope of work) 8 No construction sequence or traffic count plans will be prepared by the Consultant 9 Geotechnical design is currently proposed only for the new bridge to be placed near Martin Street Additional geotechnical work required as part of the project can be provided as an additional service 10 If easements are required, the easement document language will be prepared by City of Denton legal staff 11 Easement boundary sketch and metes and bounds illustration will be considered as an additional service if required Easement illustrations will be based on plats and abstracts provided by the City of Denton and the previous owner of the property Abstract searches and title research is excluded from this proposal but can be included as an additional service 12 The illustration of other access easements to the trail are excluded from this proposal 13 Major repairs to the sub -structure of the railroad trestles are beyond the scope of this proposal DALLAS • FORT WORTH • HOUSTON • ARLINGTON - McALLEN CHICAGO TRANSPORTATION • WATER RESOURCES • LAND DEVELOPMENT MUNICIPAL ENVIRONMENTAL - STRUCTURAL Exhibit B - Scope OF%W tg ELECTRICAL • SURVEpriG�g GEOGRAPHIC INFORMATION SYSTEMS 07�17�7 CHITECTURE LANDS A R HITECTURE • PLANNING Bp� Halff Associates ENGINEERS • ARCHITECTS • SCIENTISTS PLANNERS• SURVEYORS EXHIBIT'C' BASIS OF COMPENSATION for BASIC SERVICES SCOPE OF WORK Denton Rail Trail A Segment of the Trinity Trails from Hickory Street to near Burl Road forthe City of Denton Basic design and engineering services as described in Exhibit'B' will be provided on a time and materials basis, with a maximum not to exceed fee as shown in the "Total Fees" below The amounts shown for each task may vary during the course of the project, but the overall fee total shown will not be exceeded without prior written authorization by the City of Denton Anticipated Expense amounts includes the services of a geotechnical engineer, printing, delivery services, computer charges normally associated with production of these services and reproduction of one original set of construction documents in digital form as specified in the Scope of services The fee is summarized as follows Basic Services Fees 10 Project Data Collection and Corridor Analysis $4,360 20 Environmental Assessment $2,400 30 Schematic Design $11,601 40 Public Input $3,290 50 Schematic Design Submittal $3,540 60 Survey for Design $3,550 70 Final Plans and Specifications $22,953 TOTAL FEES......... ............. $51,694 Anticipated Project Expenses $3,600 A The Consultant's Basic Services Fee will be provided on a basis of 3 00 times salaries for time directly chargeable to the project Salaries are defined as the direct hourly pay scale of engineers, planners, landscape architects, architects, draftspersons, stenographers, surveyors, clerks, laborers, etc, for time directly chargeable to the project, without the addition of fringes for social security contributions, unemployment and excise taxes, employment compensation insurance, retirement benefits, medical and insurance benefits, sick leave, vacation, and holiday pay applicable thereto The 3 00 multiplier includes all of the Consultant's fringes, overhead costs and profit margin Exhibit B - Scope of Services Page 8 07/17/97 101 Halff Associates ENGINEERS • ARCHITECTS • SCIENTISTS PLANNERS• SURVEYORS B All direct non -labor expenses, including printing and reproduction costs, computer charges, telegraph and telephone toll charges, etc will be charged at actual invoice cost times a multiplier of 105 to cover accounting costs The amount shown for expenses is an estimate only, and may vary C The services of major sub -consultants, who will be retained by the Consultant on a pay - when -paid basis and whose services are approved in advance by the City, will be charged at actual invoice cost times a multiplier of 100 The budget includes $8,930 for trail planning and design by Bowman -Melton Associates Inc, and $2,400 for geotechmcal sampling and recommendations by Terra -Mar Inc D Services will be billed monthly, based on the percentage of work completed Exhibit 8 - Scope of Services Page 9 07/17/97 Halff Associates ENGINEERS • ARCHITECTS • SCIENTISTS PLANNERS• SURVEYORS BASIS OF COMPENSATION ADDITIONAL SERVICES SCOPE OF WORK Additional services design and engineering Items, as required and as described in Exhibit '13-1' will be provided on a time and materials basis Special Services tasks will not be initiated without prior approval and written authorization by the City of Denton The estimated fees for each will be determined when needed All special services tasks will be performed on an hourly basis, per the hourly rates shown below General hourly rates are as follows Principal $120 00 Protect Manager/Planner $85 00 Trail Specialist $80 00 Project Civil Engineer $65 00 Project Structural Engineer $80 00 Survey Field Crew $85 00 Survey Engineer $75 00 CADD Drafter $50 00 Clerical $35 00 All hourly rates are derived by multiplying the direct labor cost per category by a factor for fringe labor costs such as social security, medical and retirement benefits, rent, other overhead costs, marketing and profit Exhibit B • Scope of Services Page 10 07/17/97 Halff Associates ENGINEERS • ARCHITECTS • SCIENTISTS PLANNERS• SURVEYORS EXHIBIT 'B-1' SCOPE OF SERVICES ADDITIONAL SERVICES Denton Rail Trail A Segment of the Trinity Trails from Hickory Street to near Burl Road for the City of Denton The following engineering and surveying services can be provided by the Consultant on an as -needed basis as special services The need for such services will be determined during the protect All special service tasks will be provided on a time and material basis, with individual special services task totals not to exceed the amounts shown below These services Include Task A Survey for Design A-1 Provide additional surveying as determined necessary during the schematic design phase of the project, beyond the 40 hours of surveying included in the basic scope of services Items to be surveyed will be determined Task B Bidding Services B-1 Assist TxDOT and the City of Denton staff in addressing contractor questions during bidding process, and conduct pre -bid conference (meeting notification by City of Denton) B-2 Assist City of Denton in evaluating bids Prepare bid comparison and written evaluation Estimated Fee for Items B-1 and B-2 - $1,200 Exhibit B • Scope of Services Page 1 07/17/97 Halff Associates ENGINEERS • ARCHITECTS • SCIENTISTS PLANNERS• SURVEYORS Task C Construction Related Services C-1 Review shop drawings, test results and other construction -related data on an as -needed basis Estimated Fee - $1,000 C-2 Conduct 6 site observation tours of the project during construction Prepare a written summary of findings after each observation tour A total of 8 hours of time are required for each observation tour and letter report Estimated Fee - $4,080 C-3 Conduct preliminary and final walk-through with contractor and provide written summary of findings Estimated Fee - $1,200 C-4 Conduct regularly scheduled on -site inspection at key points in the Construction process This scope provides for 15 hours of on -site inspection time per week over the estimated 16 week construction process Number of hours allocated to on -site inspection and construction administration can be adjusted as required Inspection will be conducted by Halff Associates engineers, landscape architects and inspection staff Estimated Fee - $12,000 Note - fees for section C are estimates only based on number of hours shown Task D Railroad Depot Architectural and Site Design D-1 Provide architectural, structural, mechanical, and site design services related to the relocation and refurbishment of the Denton Rail Depot Provide schematic and construction related drawings for the facility (if Included, detailed scope of services for depot will be prepared as an amendment to this contract Exhibit B • Scope of Services Page 2 07/17/97 DISCLOSURE OF LOBBYING ACTIVITIES App,oved by OMe 034a-00e6 Complete this form to disclose lobbying activities pursuant to 31 U S C 13S2 (See reverse for public burden disclosure ) 1 Type of Federal Action 2 Status of Federal Action 3 ReportType Qa contras a s bid/offertappllatlon ® a lnittal flung b grant b initial award b material change c. cooperative agreement a post -award For Material Change Only d loan year quarter e loan guarantee date of last report f loanlmurance 4. Name and Address of Reporting Entity S B Reporting Entity In No 4 Is Subawardae. Enter Name and ® Prime ❑ Subawardee Address of Prime Tier#known Halff Associates, Inc_ 8616 Northwest Plaza Drive Dallas, Texas 75225 congressional District, l(known Texas 26th CongtessionalDktdc Nknown 6. Federal Department Agency 7 Federal Program Name/Oesrriptron City of Denton Denton Rail Trail Project TxDOT Denton Office District CFDANumber. Happlicable S. federal Action Number.ifknown 9 Award Amount. If known S 55,000 10 a Name and Address of lobbying Entity b individuals Performing Services (Including address N (if Indivkfua(lasename, fbstname,MI) different from No 10a) (lase name, fast name, MQ None None latdech Dontabeatkm Sheet(d SFILL-A, d rlhceseary) 11 Amount of Payment (check all that apply) 1A Type of Payment (check all that apply) S None ❑ actual ❑ planned ❑ a retainer ❑ b onetime tee ❑ c. commission 1i Form of Payment (check all that apply) ❑ a cash ❑ d contingentfee None ❑ b In4drid, spew nature None ❑ e deferred ❑ f other, specify* value 14 Brief Description of Services Performed orto be Performed and Date(s) of Service. Including officer(s), employee(s), or Member(s) contacted, for Payment indicated in kern 11 peach commission Shret(s) SFLLL-A drwcem Y) IS Continuation Sheet(s)SF-LLL•A attached ❑ Yes No 16. bdam.tlen nwaatad I"b Ne hems Is ouchorhed by side 31 u M Signature e.tarmism wawwrv.mloeuybq.a.luecl.ew.ualnrwm we of Oat Upon which sedans, was platen by she tier above Wks* this Print Name i;Ye Kuhn P ua.Waa,onwu made or smrm! rota The, aod"" b Maine pwwant to 11 u.t t 13" Thh mho oral" M be ..pewee to the congress semi Corporate Secretary emWey a" WA be available her pubbt bopss,an Any pewee who red, 0 Title Me W needed dtrdewn mall be wbeew W a w0 Mnah, N not Pen Nan L10A00 and eel mew than 6 MAN la, w.h.vN raau.e Telephone (214) 739-0094 Date 8/26/97 Federal Use Only luMaN iermut 09/02/97 10 19 IP214 739 0095 HALFF ASSOCIATES ljJ002i003 ATTACHMENT G 7xUOTform No 2010211tev 12-911 Previous editions of this form may not be used NOTE Copies of the endorsements listed below are not required as attach TEXAS ments to this certificate DEPARTMENT OF TRANSPORTATION C -RTIFICAI E OF INSURANCE _9 The named contractor shall not cornmente work until holshe has obtained the minimum insurance specified in Section a below and obtained the foliowiny endossernants the Texas Department of Transportation as an Additional Insured for coverages 3 and 4 and a Walver of Subrogation in favor of the same department under coverages 2 3 and 4 Only certificates of insurance published by this department are acceptable as proof of insurance Commercial carriers certificates are unacceptable SECTION I - IDENTIFICATION DATA 11 Insured Contractor's Name HALFF ASSOCIATES, IPC 12 StreetiMahng Address 861.6 NLtR71t4:RST PLAZA DRr VE 13 City DALLAS TEXAS 14 State 15 Zip 75225 16 Phona Number Area Code ( 214 ) 739-0094 SECTION II - TYPE OF INSURANCE Type Policy Effective Expiration Limits of Liability Number Date Date Not Less Than 2 WORKERS' COMPENSATION 21 UB135D560-2 Z2�_t t_g7 23 Statutory - Texas Endorsed with a Waiver of Subrogation in favor of the Texas Department of Transportation 3 COMMERCIAL GENERAL LIABILITY Bodily Injury/Property 3 1 630135D56 3 2 7-t7_g7 3 3� off_ $325,000 combined Damage occursingle limit each occurrence and in the aggregate Endorsed with the Texas Department of Transportation as an Additional Insured and endorsed with a Waiver of Subrogation in favor of the Texas Department of Transportation 4 TEXAS BUSINESS AUTOMOBILE POLICY S100,000 ea person A Bodily Injury 41 CAP11S1561 _d d 2�_17_g7 4 39_ $300,000 ea occurrence B Property Damage 44CAP135D561-1 45 7-19-97 467_17_ga __ S25,000ea occurrence tndorsed with the Texas Department of Transportation as an Additional Insured and endorsed with a Waiver of Subrogation on favor of the Texas Department of Transportation 5 UMBZELLAPOLICY(lfApplicable) S5,000L100 5 (CUP135D563-8 S Z 7-12-97 5 ,]7-qH SECTION Ile - CERTIFICATION This Certificate of Insurance neither affirmatively or negatively amends, extends or alters the coverage afforded by the above insurance policies round by the Insurance company named below Cancellation of the insurance policies shall not be made until THIRTY DAYS AFTER the undersigned agent or his/her company has tent written notices bycertified mail to the contractor and the Texas Department of Tiamportation THIS I$ TO CERTIFY to the Texas Department of Transportation, acting on behalf of the State of Texas that the insurance policies above meet all the requirements stipulated above and such policies are in full force and effect S 1 Name of insurance SEE ATTACHN 6 7 Company Address State 76 Authorized Agenni srnosur na Area Code (iL2-J_ d1_A3A_S--- RECEIVED TINE—.SEP 2 —10 7 I Name of Authorized Agent BELL INSURANCE AGENCY 7 2 Agent $Address 2747 N. O'CONNOR 75 tip ..... 7 4 State i ai gnatur I Au orized Agent Date --PRINT TINE—SEP 2 —10 191`11v -� 09/02/97 10 17 Y214 739 0095 11AL11 ASSOCIATES Z003 003 A 1"fACHMLIV F Answer to Section III - Certification For Workers' Compensation 6 1 Travelers Insurance Company 6 2 P O Box 660055 6 3 Dallas 6 4 Tx 6 5 75266-0055 For Cormuerctal General Ltabtltty, Texas Business Automobile Policy and Umbrella Policy 6 1 Travelers Insurance Company 62 P.O Box 660055 63 Dallas 64 TX 6 5 75266-0055 0 RECEIVED TINE SEP 2 10 18RM PRINT TIME 3EP 2 10 19AM ATTACHMENT H DISADVANTAGED BUSINESS ENTERPRISE IN FEDERAL -AID ARCHITECTURAL/ENGINEERING CONTRACTS 1 PURPOSE The purpose of this attachment is to carry out the U S Department of Transportation's policy of supporting the fullest possible participation of firths owned and controlled by socially and economically disadvantaged individuals in U S Department of Transportation programs POLICY It is the policy of the U S Department of Transportation that Disadvantaged Business Enterprises (DB2s) as defined in 49 CFR Part 23, Subpart D and the Department's Disadvantaged Business Enterprise Program, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR Part 23, Subpart D and the Department's Disadvantaged Business Enterprise Program, apply to this contract as follows a The Architect/Engmeer agrees to insure that Disadvantaged Business Enterprises, as defined in 49 CFR Part 23, Subpart D and the Department's Disadvantaged Business Enterprise Program, have the maximum opportunity to participate in the performance of contracts and subcontracts fmanced in whole or in part with Federal funds In this regard, the Archttect/Engineer shall take all necessary and reasonable steps to meet the Disadvantaged Business Enterprise goal for this contract b The Architect/Engmeer and any subprovider(s) shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of contracts funded in whole or in part with Federal funds c When submitting the contract for execution by the Department, the Archrtect/Engmeer specifies the name of the eligible DBE subprovider(s) to be used on this project, the work to be performed by the subprovider(s), and the estimated amount of subcontract(s), (Attachment H-1) Any substitutions or changes to the DBE subcontract amount shall be subject to approval by the Department d Failure to carry out the requirements set forth above shall constitute a breach of contract and, after the notification of the U S Department of Transportation (DOT), may result in termination of the contract by the Department, a deduction from the money due or to become due to the Archrtect/Engmeer, not as a penalty but as damages to the Department's DBE program, or such other remedy or remedies as the Department dims appropriate a "Department" means the Texas Department of Transportation (TxDOT) b "Federal -Aid Contract" is any contract between the Texas Department of Transportation and a Architwt/Engmeer which is paid for in whole or in part with U S Department of Transportation (DOT) financial assistance c "Architect/Eagmcer" is any individual or company that provides engmeertng/architecmral services as defined in Texas Government Code, Chapter 2254 Subchapter A d "Joint Venture" means an association of two or more businesses to carry out a single business enterprise for profit for which purpose they combine their property, capital, efforts, skills and knowledge e "Disadvantaged Business Enterprise (DBE)" means a small business concern (1) which is at least 51 percent owned by one or more socially and economically disadvantaged individuals, or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals, and, (2) whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it, as certified by the Texas Department of Transportation 3/95 14 deb fed "Small business concern" means a small business as defined pursuant to Section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto, except that a small business concern shall not include any concern or group of concerns owned or controlled by the same socially and economically disadvantaged individual or individuals (affiliates) which has annual average gross receipts in excess of $2,500,000 over the previous three fiscal years The United States Secretary of Transportation shall adjust this figure from time to time for inflation "Socially and economically disadvantaged individuals" means those individuals who are citizens of the United States (or lawfully admitted permanent residents), and who are Women, Black Americans, Hispanic Americans, Native Americans, Aaran-Pacific Americans, Asian -Indian Americans, and any other minorities or individuals found to be disadvantaged by the Small Business Administration pursuant to Section 8(a) of the Small Business Act For convemence, these individuals and groups are referred to as "disadvantaged" In this subpart The Department may make a rebuttable presumption that individuals in the following groups are socially and economically disadvantaged (1) "Black Americans," which includes persons having ongms in any of the Black racial groups of Africa, (2) "Hispanic Americans," which includes persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race, (3) "Native Americans," which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians, (4) "Asian -Pacific Americans," which includes persons whose ongins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U S Trust Territories of the Pacific and The Northern Marianas, (5) "Asian -Indian Americans," which includes persons whose ongins are from India, Pakistan, and Bangladesh, and (6) Women 4 PERCENTAGE GOAL The goal for Disadvantaged Business Enterprise participation in the work to be performed under this contract is a minimum 20 % of the contract amount 5 ARCHITECT/ENGINEER'S RESPONSIBILITIES A DBE prime can fulfill the DBE program requirements a An Archttect/Engmeer who cannot meet the contract goal, in whole or in part, shall document the following and any other efforts made as a "Good Faith Effort" to obtain DBE participation (1) Written solicitation of DBEs, certified by the Department, capable of performing a portion of the contract, located within the State of Texas and other states, as appropriate (2) Efforts made to select work that could be performed by DBEs in order to increase the likelihood of achieving the stated goal, (3) Efforts to negotiate with DBEs for subprovider work including, as a minimum (a) The names, addresses, and telephone numbers of DBEs that were contacted, (b) A description of the information provided regarding the selected subprovider work, (c) A statement of why agreements could not be reached with DBEs (4) Reasons for rejecting a DBE's proposal must be explained Note The Arclutect/Engmeer must not cause or allow subproviders to bid their services 3/95 2-4 deb fed b The preceding information shall be submitted directly to the Chairman of the District or Division Consultants Review Committee responsible for the project c The Architect/Engineer shall make all reasonable efforts to honor commitments to DBE subproviders named in the original commitment submitted under Section 2 c of this attachment Where the Architect/Engmeer terminates or removes a DBE subprovider named in the initial commitment, the Architect/Engmeer must demonstrate on a case -by -case basis to the satisfaction of the department that the originally designated DBE was not able or willing to perform d The Architect/Engineer shall make all reasonable efforts to replace a DBE subprovider that is unable or unwilling to perform successfully with another DBE Any substitution of DBEs shall be subject to approval by the department The Department may request a statement from the firm being replaced concerning its replacement prior to approving the substitution e The Architect/Engmeer shall designate a DBE liaison officer who will admimster the Architect/Engu=r DBE program and who will be responsible for maintenance of records of efforts and contacts made to subcontract with DBEs f Architect/Engmeers are encouraged to investigate the services offered by banks owned and controlled by disadvantaged individuals and to make use of these banks where feasible 6 ELIGIBILITY OF DBEs a To ensure the Department's DBE program benefits only those firms owned and controlled by socially and economically disadvantaged individuals, the Department will certify the eligibility of DBEs to perform subcontract work on DOT financially assisted contracts b This certification will be accomplished through the use of the appropriate certification schedule contained in this Department's DBE program c The Department publishes quarterly a Directory of Disadvantaged Business Enterprises containing the names of firms that have been certified to be eligible to participate as DBEs on DOT financially assisted contracts This Directory is available from the Department's Business Opportunity Program Office for Architect/Engineer's information d Only DBE firma certified at the time commitments are submitted are eligible to be used in the information furnished by the Architect/Engmeer as required under Seaton 2 c above e If during the course of the contract it becomes necessary to substitute another DBE firm for a firm named in the information submitted by the Arclutea/Engmeer as required by Seaton 2 c above, then only DBE firths certified at the time of the substitution will be considered eligible as a substitute firm 7 DETERMINATION OF DBE PARTICIPATION A firm must be an eligible DBE and perform a professional or technical function relating to the project for the total eligible dollar amount paid on the contract to apply toward fulfilling the DBE goal Proof of payment, such as copies of cancelled checks, properly identifying the Department's contract number or project number may be required to substantiate the payment, as deemed necessary by the Department 8 COMPLIANCE OF ARCHITECT/ENGINEER To ensure that DBE requirements of this U S DOT-asststed contract are complied with, the Department will momtor the Archnea/Eagmeer's efforts to involve DBEs during the performance of this contract This will be accomplished by a review of Progress Assessment Reports (Attaclmteat H-2), submitted to the Department by the Architect/Engmeer indicating his progress in achieving the DBE contract goal, and by compliance reviews conducted by the Department The Architect/Engmeer shall receive credit toward the DBE goal based on actual payments to the DBE subproviders The Architect/Engmeer shall notify the Business Opportunity Program Office if he/she withholds or reduces payment to a DBE subprovider 3/95 34 deb fed The Architect/Engmeer's request for substitutions of DBE subproviders shall be accompanied by a detailed explanation which should substantiate the need for a substitution The Department may verify the explanation with the DBE firm being replaced before giving approval of the substitution An Architect/Engmeer's failure to meet the DBE goal and failure to demonstrate to the Departments satisfaction, sufficient "Good Faith Effort" on his/her part to obtain DBE participation, shall constitute a breach of contract In such a case, the Department reserves the right to terminate the contract, to deduct the amount of DBE goal not accomplished by DBEs from the money due or to become due the Architect/Engmeer, not as a penalty but as damages to the Department's DBE program, or such other remedy or remedies as the Department deems appropriate Maarsielifolva After submission of the mttial commitment reported (Attachment H-1), required by Section 2 c of this attachment, the ArchitecdEngmeer shall submit Progress Assessment Reports (Attachment H-2), after contract work begins, on DBE involvement One copy of each report is to be sent to the Business Opportunity Program Office of the Department, and one copy is to be submitted with the Architect/Engineer's invoice These reports will be required until all DBE subprovider activity is completed The Department may verify the amounts being reported as paid to DBEs by requesting copies of cancelled checks paid to DBEs on a random basis b DBE subproviders should be identified on the report by name, type of work being performed, the amount of actual payment made to each during the billing period, cumulative payment amount and percentage of the total contract amount Reports are required even when no DBE activity has occurred in a billing period c All such records must be retained for a period of three years following completion of the contract work, and shall be available at reasonable times and places for inspection by authorized representatives of the Department or the U S Department of Transportation d Prior to receiving final payment, the Architect/Engmeer shall submit a Final Report (Attachment H-3), detailing the DBE payments 3/95 4-4 deb fed ATTACHMENT H-1 Texas Department of Transportation Subprovider Monitoring System Commitment Worksheet Contract No Federally Funded X State Funded _ Prune Provider Halff Associates, Inc. Total Contract Amount $55 , 294 Assigned Goal 207 DBE Subgrooider hype of Work Vendor ID # Cem5=100# Arnount (list all) (if DBE) 1 Bowman -Melton Trail Planning VN 5106 NCTRCA (17.3%) Associates, Inc. & Design WFSD5340N0798 $9,558.00 2. MAS/TEK Geotechnical VN 5608 NCTRCA Engineering Exploration BMSD6429Y1197 ( 2.7%) $1,500.00 CONTRACT TOTALS Total DBE or HUB Commitment Dollars $ 11,058.00 Total DBE or HUB Commitment Percentages of Contract % 20.0 3/95 dbe hl ATTACHMENT I Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies to the best of his or her knowledge and belief, that (1) No federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or coopera- tive agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, sub - grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclosure accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Corporate Secretary Title Halff Associates, Inc Agency August 26, 1997 SDI I I'7 4 90 ATTACHMENT CIVIL RIGHTS COMPLIANCE During the performance of this contract, Halff Associates, Inc. for itself, its assignees and successors in interest (hereinafter referred to as the "Engineer"), agrees as follows (I) Compliance with Re lgu ations The Engineer shall comply with the Regulations relative to nondiscrimination in Federally -assisted programs of the U S Department of Transportation, Title 49, Code of Federal Regulations, Part 21, and Title 23, Code of Federal Regulations, Part 710 405(b), as they may be amended from time to time (hereinafter referred to as the Regulations), which are herem incorporated by reference and made a part of this contract (2) Nondiscrimination The Engineer, with regard to the work performed by him during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment The Engineer shall not participate either directly or indirectly in the discrimination prohibited by Section 215 and Part 710 405(b) of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations (3) Solicitations for Subcontracts Including Procurements of Materials and Enumment In all solicitations either by competitive bidding or negotiation made by the Engineer for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Engineer of the Engineer's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex, or national origin (4) Information and Reports The Engineer shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to his books, records, accounts, other sources of information, and his facilities as may be determined by the Texas Department of Transportation or the Federal Highway Admimstration to be pertinent to ascertain compliance with such Regulations or directives Where any information required of the Engineer is in the exclusive possession of another who fails or refuses to furnish this information, the Engineer shall so certify to the Texas Department of Transportation or the Federal Highway Administration, as appropriate, and shall set forth what efforts he has made to obtain the information (5) Sanctions for Noncompliance In the event of the Engineer's noncompliance with the nondiscrimination provisions of this contract, the Texas Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to (a) withholding of payments to the Engineer under the contract until the Engineer complies and/or (b) cancellation, termination, or suspension of the contract, in whole or in part (6) )corporation of Provisions The Engineer shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto The Engineer shall take such action with respect to any subcontract or procurement as the Texas Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance provided, however, that in the event an engineer becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Engineer may request the Texas Department of Transportation to enter into such litigation to protect the interests of the State, and, in addition, the Engineer may request the United States to enter into such litigation to protect the interests of the United States J-1 3/95 civnght CHILD SUPPORT STATEMENT FOR NEGOTIATED CONTRACTS AND GRANTS The undersigned hereby swears and affirms under penalty of perjury under the laws of the State of Texas, that neither the sole proprietor, partner, majority shareholder, or substantial owner of an entity making an offer to enter into a TxDOT contract or applying to receive a state -funded grant is a delinquent obligor who is 30 or more days delinquent In paying child support under a court order or a written repayment agreement A substantial owner is one who has at least ten percent interest In the firm Pursuant to the provisions of Section 2 01, Subchapter B, Chapter 14, Family Code, any sole proprietor, partner, majority shareholder, or substantial owner who is a delinquent obligor is ineligible to submit an offer for a TxDOT contract or apply for a TxDOT-funded grant until (1) all arrearages have been paid, or (2) the obligor is In compliance with a written repayment agreement or court order as to any existing delinquency The sworn statement Is a material representation of fact upon which reliance is placed to determine the offeror's eligibility to receive a grant or to enter into a contract Submission of this sworn statement Is a prerequisite for making or entering into a contract with or receiving a grant from TxDOT If at any time It is determined that the representations made herein by the undersigned are false or In error, the contract or grant becomes null and void, and TxDOT shall avail itself of remedies In equity and in law ' V""'"" Signed , Date August 26, 1997 On behalf of (Company) Halff Associates, Inc. Before me, the undersigned authority, on this day personally appeared r e <52ri ')h h , who, being dulyswom� upQ oath says that he or she is qualffled and authorized to make this affidavit for and on behal/ of n I t A Aso c' `� s L n c , (Company), and Is fully cognizant of the facts herein set out ACKNOWLEDGED, SUBSCRIBED AND SWORN TO before me the undo igned Notary Public, on this day of 19—u to certify which, witness my hand and seal of office oary u c��aelotTexa My Commission expires SVP�1i&000 CHFAIT11% 6 HLUERT NOW Wbcc $k t9 of Texas ,y� u My COn rrMcn Expires 3sptember 232000 3/95 childsup frm DEBARMENT CERTIFICATION (Negotiated Contracts) (1) The CONSULTANT certifies to the best of its knowledge and belief that it and its principals (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any tederal department or agency, (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public* transaction or contract under a public transaction, violation of federal or state antitrust statutes or commission of embezzlement theft torgery, bribery, falsification or destruction of records, making false statements or receiving stolen property, (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity* with commission of any of the offenses enumerated in paragraph (1)(b) or this certification, and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions* terminated for cause or detault (e) Have not been disciphned or issued a formal reprimand by any State agency for professional accreditation within the past three years (2) Where the CONSULTANT is unable to certify to any of the statements in this certification, such CONSULTANT shall attach an explanation to this certification * federal, state or local 14 mI g A ssac- ec" InC. Name of Firms Signatu of Certifying Official CooroA"e S acre} Title Date l-1 3/95 debar fm Lower Tier Participant Debarment Certification (Negotiated Contracts) n) being duly sworn (insert name of camfymg official) or under napg _ 1 of pperJu� official.) laws of the United States, certifies that neither etJ nor its (insert name of lower tier participant) principals arc presently • debarred, suspended, proposed for debarment, • declared ineligible, • or voluntarily excluded from participation in this transaction by any Federal department or agency Where the above identified lower tier participant is unable to certify to any of the above statements in this certification, such prospective participant shall ndicate below to whom the exception applies, the initiating agency, and dates of action Exceptions will not necessarily result in denial of award, but will be considered in determining contractor responsibility Providing false information may result in criminal prosecution or administrative sanctions EXCEPTIONS Signature of Certifying Official dam,' Title Date of Certification See Reverse for Information Form 1734 Lt debar fmr Rev 4-89 - is Bell Agency, Inc, 0. Box 140139 rving, Texas 75014-0159 Nalff Associates, Inc. Attn: 8616 Northwest Plaza Dr. Dallas, TX 73225 ,;-"Yrava�ersAstna A 11 ODMp�. Insurance oomww ®CCLUaIONe AND OOINW1'If71VCr„o�tlWl�«I,'ouolMla �PO�JOY NN'mnlYa lrLpY aRlIMVONI, Uwe I NPr OF maWaN10N POUpT MINOR10 aYsaaAm aATa ONWNrA'Y) ipma LLI11rLLRY 1,80135D582-8 OMMULAQOPMATs pROOU0fB.00mP/OpAim s ,, 7 2A000,oU0 2A000t000 X COMM CIA arNr�tld LIArILIIV o�1AB X ] 000� PaRa0NA1 aAW "Rv -la s 11 000.000 A 07/12/1997 07/12/1998 "OommmNOe 1L,QQ0L000 OWNNR'aaaah"WI9R'9PRarl , . ,.... ..« .,,,, , riRaoAm�oNWna.aq to 50,000 NaOafa e,,. s 5,000 AYTOaOULLa WNLLNY 1 Oommmo swam Lter to d 1A000a000 fk Ynwo AN X ' AIIOWNNDAUMO . -- , - roalW aL1UAv I a A rHmrOANON ICAP135D561-1�80Nr0YLaDAU1or 4 07/12/1998 d•Y Peep - t„ - WI it NO"WN® AVION �07/1T/1997 NONJU M I � I ' r � � I,PROP®ti'YOANNOB a O ANAUTO I i O vtTWWAYIOONLn 1 GONAOe6N11T a ' � I AooaaoATa s RWHOMINNNON 1 5r000 000 ivaassLMLLUY A ik UNBRrLLAFORM ICUP13ODSOB-8 07/12/1997 07/12/1998 1AGGRISM, «,5"000 000 ' OTNNRTNANUhO POlen X NOWAMODWINaaTIWIANO . ' IWLWMOIWAINUtt i D7/13/1997 07/13/1998 « rLPAONACMWtr" 't 5001000 A W Nol �UB135D560-2 i �W�Aee pgJOVLrii a500,000 �THNPRO"No op gepa o m.L n 11.0 .MONLOVwx s 500.000 ' rot`essional Liability I 510001000 Aggregate Limit g r Claims Made AgNO08220958 107/09/1997107/09/19981 Deductible $100,000 armCi cupate Iio17Wr 78o=H ae s it oval insured to the above mentioned policies except orkers compensation and Professional Liability - 30 day notice of cancellation is added except 0 days for non-payment city OP Denton, Taxes Purchasing Division 901-8 Texas Street Denton, TX 76201 sNouLO ANY o! trraroue oraoluNrr wLmam ON ouWaaLLao ePlaRa UPIHATIrN&AM THmNmF, TNN ON014 or MYVNLLNNOQAVORTO IML 30 VAYaNRWMNNT=TaTNrorRT MUNaLbmINANOtuTHNL PT, eutlwLYRrTo wYLaurx NorgesNALL esosr xo osLgATwN oaLwlYrt S/T d 69L ON mNuNnsNI T3a ' Wd6S E _ 4661 b AON