1997-296AN 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 w~th Halff Associates, Ine to provide professional engineering servmes for the
Denton Rafl-Trml project, a copy of winch 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 tins orchnance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED th~s the 7~--~ dayof ~"~ff//9~'~'//'' ,1997
ATTEST
JENNIFER WALTERS, CITY SECRETARY
E \DOCS\ORDWIALFF A850C ORD
DATE OCTOBER 7, 1997
CITY COUNCIL REPORT
TO Mayor and Members of the C~ty Council
FROM Kathy DuBose, Assistant City Manager of Finance
SUBJECT RFSP # 2016-ARCHITECTURAL / ENGINEERING SERVICES - DENTON
BRANCH RAIL-TRAIL
RECOMMENDATION: We recommend thxs professional services contract for the Archltectural/Englneenng
Servmes for design and construction rewew of the Denton Rail to Trail be awarded to Halff Assocmtes, Inc,
in the not to exceed amount of $55,294 00
SLLMMARY. Tbas contract for professional servmes includes the arch~tectural/engmeenng design of the
Denton Rml-Trad Prql. ect The project consists of converting approxxmately 8 miles of abandonedrmlroad
track mto a 10~ w~de hike/b~ke trail The trail runs from Hmkory Street ~n Denton to Burl Road ~n Connth and
was purchased xn June of 1993 Included ~n the scope of services are the decking of seven railroad trestles,
one new bridge, trml s~gnage and other amemt~es The trail will be constructed of crushed hmestone and
gramte All c[esxgn and construction must be done ~n accordance with Texas Department of Transportation
(TXDOT) standards Halff Assocmtes, Inc will prepare environmental assessments, perform all field work
and ahgnment of the famhty, prowde professional services for preparation of specfficat~ons and bid
documents, coordinate utlhty relocations, file formal progress reports with the City of Denton, review
construction act~vmes and all other serwces or actXVlt~es required of the archxtect/engxneer for successful
completton of the project
PROGRAM~; DEPARTMENT8 OR GROUPS AFFECTED: Parks and Recreation Department, Rail-
Trail project and TXDOT
EISEAL ~ Funds for th~s project are part of an Intermodal Surface Transportation Efficiency
(ISTEA) grant from the Federal Government and Admmmtered by the Texas Department of Transportation
The Ctty of Denton was awarded this 80% Federal / 20% Local grant in April 1994
Approximately $87,000 00 was set aside as the C~ty of Denton share for professional services and constmcnon
cost Total grant was $435,000 00
Attachment L~st of F~rms Responding
Respectfully submitted
K at h'y..D.l~ ~ ~e
Assistant Cl~ Manager of F~nance
Approved
Name TomD Shaw, CPM ~
T~tle Purchasing Agent
942 AGENDA
FIRMS RESPONDING TO RFSP # 2016
Halff Associates
Dallas, Texas
Armstrong Berger, Inc
Dallas, Texas
Post, Buekley, Schuh and Jermgan, Inc
Dallas, Texas
3
PROFESSIONAL SERVICES AGREEMENT
FOR DENTON RAIL-TRAIL PROJECT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT is made and entered ~nto as of the 7 day of
OCTOBER , 1997, by and between the City of Denton, a Texas
Municipal Corporation, with its principal office at 215 E McKlnney
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 here~n 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,"
· ncludlng Exhibit "B-l," 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 E~Vlronmental 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
Pro3ect, including the preparation of engineering data and
reports for assistance to the OWNER
G Providing geotechnlcal investigations for the site, including
soil borings, related analyses, and recommendations
PAGE 2
ARTICLE IV
PERIOD OF SERVICE
Thls Agreement shall become effective upon execution of this
Agreement by the OWNER and the CONSULTANT and upon issue of a
notice to proceed by the OWNER, and shall remain in force for the
period which may reasonably be required for the completion of the
Project, including Additional Services, if any, and any required
extensions approved by the OWNER This Agreement may be sooner
terminated ~n 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
~TICLE V
COMPENSATION
A COMPENSATION TERMS
1 "Subcontract Expense" ~s 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 "D~rect Non-Labor Expense" is defined as that expense
lncurred bythe 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 here~n, 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,
· ncluding reimbursement for d~rect non-labor expenses not to
exceed $55,294
Partial payments to the CONSULTANT w~ll 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 ~s in default under th~s Agreement
PAGE 3
It is specifically understood and agreed that the CONSULTANT
shall not be authorized to undertake any work pursuant to thls
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 Artlcle III "Add~tlonal
Services," w~thout obtaining prior written authorlzat~on from
the OWNER
C ADDITIONAL SERVICES
For additional services authorized ~n writing by the OWNER ~n
Article III, the CONSULTANT shall be pa~d based on the Schedule
of Charges at an hourly rate shown ~n Exhibit "C" Payments
for additional services shall be due and payable upon submis-
sion by the CONSULTANT, and shall be ~n accordance w~th 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 s~xty (60) days after receipt of
the CONSULTANT's undisputed statement thereof, the amounts due
the CONSULTANT w~ll be increased by the rate of one percent
(1%) per month from the sa~d slxtleth (60th) day, and, ~n
addition, the CONSULTANT may, after g~vlng seven (7) days'
written not~ce to the OWNER, suspend services under this
Agreement until the CONSULTANT has been pa~d ~n 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 ~s unsatisfactory,
accordance with th~s Article V "Compensation"
ARTICLE VI
OBSERVATION AED REVIEW OF THE WORK
The CONSULTANT w~ll exercise reasonable care and due d~l~gence
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 th~s
Agreement are ~nstruments of service, and shall become the property
of the OWNER upon the termination of this Agreement The CONSUL-
TANT ls entitled to retain cop~es of all such documents The
documents prepared and furnished by the CONSULTANT are ~ntended
only to be appllcable to this Pro3ect, and OWNER's use of these
documents for other projects shall be at OWNER's sole r~sk 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 AGREEMENT
The CONSULTANT shall Indemnify and save and hold harmless the
OWNER and its officers, agents, and employees from and against any
and all liability, claims, demands, damages, losses, and expenses,
including, but not limited to court costs and reasonable attorney
fees incurred by the OWNER, and including, w~thout 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 ln]ury
limits of not less than $500,000 for each occurrence and not
less than $500,000 in the aggregate, and w~th 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 l~mlts 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 pollcles 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
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 falling 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 mall, 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 lmmed~ately
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 Project, CONSULTANT shall cooperate
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 maantaln copies of such documents for 1ts use
ARTICLE XIII
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval by the OWNER shall not constitute, nor be deemed a
release of the responslb~l~ty and liability of the CONSULTANT, 1ts
employees, assocaates, 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 respons~-
ballty by the OWNER for any defect an the design or other work
prepared by the CONSULTANT, ~ts employees, subcontractors, agents,
and consultants
ARTICLE XIV
NOTICES
Ail notices, communications, and reports required or permitted
under this Agreement shall be personally delivered or ma~led to the
respective parties by depos~tlng same ~n the United States ma21 at
the address shown below, certified maal, return receipt requested,
UPS, or Federal Express, unless otherwise speclf~ed hereln Maaled
notices shall be deemed communicated as of three days mailing
To CONSULTANT To OWNER
Halff Associates Caty of Denton
ATTN Jim Carillo, AICP, ASLA ATTN Ed Hodney, Director of
8616 Northwest Plaza Drive Parks & Recreataon
Dallas, Texas 75225 215 E McKlnney
Denton, Texas 76201
Ail notices shall be deemed effectave 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 AGREEMENT
Th~s Agreement, consisting of 11 pages and 2 exhibits,
constitutes the complete and f~nal expression of the Agreement of
the parties, and is ~ntended as a complete and exclusive statement
of the terms of their agreements, and supersedes all prior con-
temporaneous offers, promises, representations, negotaataons,
d~scusslons, communications, and agreements which may have been
made in connection with the subject matter hereof
ARTICLE XVI
SEVEI~ABILITY
If any provision(s) of th~s Agreement as found or deemed by a
court of competent jurisdiction to be invalid or unenforceable, at
shall be considered severable from the remainder of this Agreement
and shall not cause the remaander to be ~nvalad 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-
lng the intention of the stricken provision Determination of the
original Intent of the stricken provision shall be a function of
the lntent 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 lncorporated in this Agreement If the parties cannot
agree on a third party arbiter, both parties will name one arbiter,
and the named arbiters w~ll select a third arbiter, which panel of
arbiters will make the final decision required herein
ARTICLE XVII
COMPLIANCE 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 PROHIBITED
In performing the services required hereunder, the CONSULTANT
shall not discriminate against any person on the basis of race,
color, religion, sex, national origin or ancestry, age, or physical
handicap
ARTICLE XIX
PERSONNEL
A The CONSULTANT represents that it has or will secure, at its
own expense, all personnel required to perform all the services
required under this Agreement Such personnel shall not be
employees or officers of, or have any contractual relations
wzth the OWNER CONSULTANT shall inform the OWNER of any
conflict of interest or potential conflict of interest that may
arise during the term of th~s Agreement
B Ail services required hereunder will be performed by the
CONSULTANT or under 1ts supervision Ail 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 th~sAgreement CONSULTANT agrees
that OWNER shall have access during normal working hours to all
necessary CONSULTANT facilities and shall be provided adequate
and appropriate working space ~n order to conduct audits 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
lle exclusively in Denton County, Texas This Agreement shall
be construed in accordance w~th 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 Carrlllo, 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 1ts firm to perform the services requzred herein
E CONSULTANT shall commence, carry on, and complete any and all
projects with all applicable dispatch, in a sound, economical,
efflczent manner and in accordance with the provlszons hereof
CONSULTANT shall use its best efforts to insure that the work
znvolved is properly coordInated wzth related work bezng
carried on by OWNER
F The OWNER shall assist the CONSULTANT by placing at the
CONSULTANT's disposal all available ~nformat~on pertInent to
the Project, including prevzous reports, any other data
relatzve to the Project, and arrangzng for the access thereto,
PAGE 9
and make all provisions for the CONSULTANT to enter in or upon
publzc and przvate property as requzred for the CONSULTANT to
perform services under th~s Agreement
G The captions of this Agreement are for lnformatzonal purposes
only, and shall not in any way affect the substantive terms or
condltlons of this Agreement
IN WITNESS HEREOF, the C~ty of Denton, Texas has caused th~s
Agreement to be executed by 1ts duly authorized City Manager, and
CONSULTANT has executed this Agreement through l~d~y' %uthorzzed
undersigned officer on th~s the /~-- day of /u~. ~ j ,
97
CITY OF DENTON, TEXAS ~
TED BENAVIDES, CITY MANAGER
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPR~D'As TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
CONSULTANT
PAGE 10
Exhibit A
REQUF~T FOR PROPOSALS
DENTON BRANCH RAIl, TI~H,
FOR
CITY OF DENTON
DEPARTMF~NT OF PARKS AND RECREATION
Description of Proposed Facility:
Denton Branch Rml Trml and Hlstoncal Depot renovation The C~ty of Denton acquired e~ght
males of rmlroad right-of-way and an 1880s rulroad freight stauon for the purposes of creaUng
an alternate Wansportat~on mode for bicyclists and pedesmans The nght-of-way extends from
near downtown Denton at I-hckory Street and Rmlroad Avenue southeast to a point north of
Swisher Road m the C~ty of Connth. This right-of-way parallels 1-35E
The project is in two parts:
(1) Depot Renovation of the 1880 freight depot at its new location on an undetermined
locaUon at the head of the trml The renovation will include exterior ~tems as roof, windows,
doors, plumbing and elect_nc
(2) Trail Design and construct a 10 (ten) foot h~ke/b~ke trml on an e~ght-mlle abandoned
rmlroad right-of-way This will include declong seven rulroad trestles with planlnng and safety
ruling, one new bridge, trml slgnage and other user amemt~es The trul w~II be constructed
from crusted limestone and gramte
The total proJect budget for construction 15 $348,000 00 for both parts All design and
construction is to be done m accordance with Texas Department of Transportat~on's (TXDOT)
latest Standard Specificatton for Constructton of Htghways, Streets and Bridges and American
Assoclauon of State Highway and Transportation Official's (AASHTO) Gutdefor Development
of Btcycle Facthttes
REOUEST FOR PROPOSAL~
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
Profesaonal 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
Rml Trail Project
The consultant must have a demonstrated high level of expertise in the analysis, design and plan
preparation for trml (pedestrian, non-motorized) systems
Sohcltataon of input from various utility companies and a clear understanding of physical
con&t~ons is required Design work should be coordinated with various enUtles to insure
proposed facihtaes 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
respecuve project as shown on page 7
Services to be Provided by the City
The City of Denton Parks and RecreaUon Department will provide upon request to the
consultant
1 Available park maps which illustrate various improvements within their boundaries
2 Assistance in retnevlng as built drawings of various City infrastructure items, 1 e,
samtary sewer hnes, exisung bridges and street facihues
3 Benchmark elevauons and descriptions for vertical control
4 Avmlable 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 pnnts) 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 pubhc meetings and heanngs with asslsmnco from consultant and be the
primary contact for all mqumes concerning the project
3 NegoUate with all private landowners for any easements or right-of-ways
4 Assist the consultant, as necessary, m order to obtmn the required data and mformaUon
from other local, regional, State and Federal agencies
5 Provide the consultant with timely rewew and decisions necessary m order to permit
Servlces To Be Provided By the Consultant
The consultant will be responsible for providing the following work tasks or services
I Prepare an environmental assessment ~n accordance w~th TXDOT and FI-FWA
requirements Cultural Resources investigation will be performed by TXDOT
representative
2 Perform all necessary field work, analysis and design to establish ahgnment of proposed
facility.
3 Prepare pubhc meeting and heanng displays and assist in the technical presentation of
these displays
4 Document the public heanng by
a Audio recording
b Transenbed verbatim record of proceedings
5 Prepare necessary written responses to questions received at the pubhe heanng and
prepare the public heanng summary and analysis
6 Provide professional services required for the design and preparation of plans,
specifications and estamates (PS&E) The exact hm~ts of the PS&E will be determined
dunng the design phase and will include appropriate transmons where reqmred to connect
existing fa¢fllties, l e, streets, walkways, bridges
Page 2 of 12
7 The consultant shall collect, review and evaluate all of the avmlable exisUng data
pertaanmg to the project and prepare the PS&E m accordance with the requirements and
policies of the TXDOT
8 The consultant shall design to avoid conflicts with or minimize major relocation of
ut]ht2es
9 Provide design field surveys for this pro.~ect as necessary
10 Determine the need for easements and/or right-of-ways and furnish th,s ,nformation to
the City. After approval by the City, the consultant shall then prepare easement or nght-
of-way maps and appropnate 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 w,ll be
required, together with evidence of the work accomplished dunng 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 detmled contract time estimate work sheet to determine the approximate Ume
(worlong days), based on the TXDOT standard definition of a worlong day, required for
construction of the contract for which the consultant is prowdmg complete engmeenng
services
13 The engineenng services for design and preparation of plans and specifications wtll
include determmauon of full and detailed provisions for scheduling of construction work
and detmled traffic control plan, if necessary dunng the construction period A narraUve
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 unUs
This contract shall attempt to use historically under-utilized businesses All businesses must be
cerufied by the TXDOT at the Ume of proposal submittal
The constructaon plans to be prepared by the consultant for these projects will contmn all of the
required plans and detmls pertmmng to grading, paving, layouts, drmnage, storm sewer, storm
Page 3 of 12
water polluuon 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 m accordance with the applicable requirements of
TXDOT specfficat~ons, standards, and manuals and Associat~on of State H~ghway and
Transportauon Officml's (AASHTO) Gutde for Development of Btcycle Factlttle$ Whenever
possible, the TXDOT's standard drawings, standard specfficat~ons, or previously approved
special provisions and/or special speclfications will be used If a special prows~on and/or special
specfficauon must be developed for this project, the provider shall develop ~t m the TXDOT
format and, to the extent possible, incorporate references to approved TXDOT test procedures
Any design exceptions to TXDOT standards should be requested m wnung by the consultant
The engineering work on these projects will be performed and may be inspected by the City m
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 prowde a "Prenegotaatlon Audit" The consultant shall submit this prenegotmtion audit to
prowde the necessary data to assure that the consultant has an acceptable accounting system,
adequate and proper jusUficatlon of the various rates charged to perform work and is aware of
the TXDOT's cost ehglbfllty and documentation reqmrements The consultant wlll be given the
option of submitting a recent independently performed audit
PROPOSED FORMAT
Proposal Requirements
The proposal shall be hmtted in length as noted below Information presented m the proposal
wall be used to evaluate the professtonal semces consultant and determine the consultants whtch
will be asked to interview Add~onal pages over the maxtmum total shown wdl not be
considered in the evaluation and rnay be cause to reject the proposal
The following outlines information whtch should be transmitted m the proposal and
recommended number of pages
Introductory Letter {4 Pages)
Letter should clearly state whmh project or projects the consultant is submitung a proposal
This secUon of the proposal should include professional qualificat~ons, office locaUon,
number of years in bus~ness and team composition
Project Manager/Project Team (4 Pages)
This section should hlghhght the experience of the project manager, project team, and ability
to commitment of resources
Project Scope 0 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
P~e4ofl2
regulations and policies, and 4) identify information to be gathered or obtained Any work
on s~mflar type pro. leets should be listed to validate this understanding
Familiarity wRh Applicable Rules and Regulations (3 Pages)
The proposal should indicate, through past expenence of the consultant or team, that they
possess sufficient knowledge of governmen~ regulations, appropriate codes, and
professtonal 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 secuon 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 w~thm 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 five (53 copies.
PROPOSAL/INTERVIEW EVALUATION PROCESS
Each proposal will be scored by a pre-lntervlew selection committee compnsed of
representatives from the City's Parks and Recreation Department, Department of Transportation
and Engmeenng 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 select,on committee will score each of the proposals based on the following
scale
SCORE QUALIFICATION LEVEL
0 Does not meet quahficaUons
1 Meets m~mmum quahficaUons
3 Meets preferred quahficaUons
5 Exceeds preferred quahficauons
It is necessary that the consultant know the minimum and preferred criteria used to evaluate their
proposal, so they may determme if they possess the quallficauons/exponence necessary for the
proposed project
· Professional Qualifications of Team
The firm should provide information on their business, applicable certifications or
recogmt~on, and other pertinent reformat,on that demonstrates their qualifications to
perform the contract Also provide educat,on, tnuning, certification, awards, etc, for
,ndivldual employees including employees of sub-consultants Within the last five (5)
years, the consultant and any proposed sub-consultant should have experience in
performing stmflar contracts for the City of Denton, TXDOT or other clients
Performance records on file with the City for contracts completed ,n 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 slm,lar 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 (I) and preferably two (2) tra,I/park development project(s) within the last five
(5) ycar~.
· 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 m an
appendix
NOTE: The evaluation of this criteria will require that the project manager have as a
mlni~num 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 lndlwdual experience g~uned under other employers Informauon should
include sub-consultant's records as well Resumes of the key design team members,
hm~ted to two (2) pages per person, are included m 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 tram/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 regulatmns and pohcles
Identify mformauon to be gathered or obtmned
Any work on s~mfiar type projects should be listed to validate this understanding
NOTE: The evaluation of th~s criteria shall require that the proposal as a mlnunum
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 mdmate, through past experience of the consultant or sub-consultant
that they possess sufficient knowledge of governmental regulations, appropriate codes and
professmnal 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 minhnum,
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 avmlable 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 w~th assurances that required staffing levels
are available.
P~e7ofl2
· 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 parucipauon
The weighing of each cntena as it relates to the particular project is shown in the followxng
evaluauon form
Interview Selection Qualification Ratang % of Importance Score
Criteria ~ Score Importance
1 Professional Quallficauons 0 - :5 x 10%
2 Expenence of Project Team 0 - :5 X 2:5 %
3 Expenence/Avmlabihty of
Project Manager 0 - :5 X 10%
4 Understanchng of Project 0 - :5 X 20%
:5 Famihanty w~th Apphca~le
Rules and Regulations 0 - 5 X :5 %
6 Abihty 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
RecreaUon Department, Department of Engmeenng and Transportation, and Purchasing
Department The score determined by the pre-interview selecuon eommmee will represent forty
(40%) percent of the overall scoring system while the interview committee's score will account
for s~xty (60%) percent of the total rating score The interview committee's scoring will be
based upon the following entena and scale
Score Qualification Level
0 Does not meet qualifications
I Meets minimum quahficat~ons
3 Meets preferred qualifications
5 Exceeds preferred qual~fications
Page 8 of 12
® Understanding of Scope
The consultant must demonstrate a thorough understanding of the tasks involved m the
scope of work outlined m the PFP, applicable rules, regulations and codes, and special
mformat~on to be gathered The consultant's project manager must be able to
commumcate and exchange ideas and mformat~on m 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 minunum quahfleations, 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 wall require
ninety (90%) percent undemanding 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 compositwn and proJect
leadership, ~s 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 eredlble experience as established through
the interview process.
· Ability to Conumt Resources to Meet the Proposed Schedule
The consultant must demonstrate that suffictent and knowledgeable staff are available,
or will be av~ulable upon commencement of the contract, to successfully meet the
schedules proposed by the City The consultant ts reqmred to disclose the Pro. leer
Manager's current asstgned commitments and commitments m proposals under revtew
tn order to evaluate Ume av~ulable for dedicauon to the contract
NOTE: This criteria will be evaluated based on evldenee demonstrated during the
interview process that sufficient resources are avadable 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 ~t relates to the pamcular proJect ~s shown ~n the following
evaluauon form
Selection Quahficauon Rating
Criteria L~ Score .~ Score
1 Understanding of Scope 0 - 5 X 50%
2 Experience of ProJect
Manager/Team
(Including Sub-consultants) 0 - 5 __ X 25%
3 Abdlty to Commit
Resources to Meet
Proposed Schedule 0 - 5 __ X 25 %
Total Interview Score
Overall Evaluation Scoring
The selecUon of the top consultant proposal and interview presentauon wdl be calculated on
the following format
Proposal Score 0 - 5 __ X 40%
Interview Score 0 - 5 X 60%
Total Score
Page 10 of 12
SUMMARY
Each proposal must be submitted no later than February 20, 1997 at 2 p m Submittals should
be totaled or delivered to the C~ty of Denton, Purchasing Department, 901-B Texas Street,
Denton, TX 76201, Attention Robert K Tlckner
Please submit five (8) copies of your proposal.
A pre-proposal meeUng wall be held at 2 p m February 11, 1997 at the Denton C~ty Hall,
215 E McKinney Street, C~wl Defense Conference Room
Each proposal should include the recommended ~nformaUon and completed debarment
cemficaUons for each provider on your team
Should you have any ques~ons, please contact Bob T~ckner, Supenntendent of Parks at
817-566-8275
Page 11 of 12
DEBARMENT CERTIFICATION
(Negotiated Contracts)
(1) The CONSULTANT certifies to the best of its knowledge and belief, that xt and its
pnnc~pals
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible
or voluntarily excluded from covered transacuons by any federal department or
agency, a three-year period preceding this proposal been convicted of or had
offense
}lave not wtthm
Co) a cwfl judgment rendered agmnst them for commission of fraud or a criminal
m connection wtth obtmmng, attempting to obtmn, or performing a public transaction
or contract under a public transaction, vtolataon of federal or state ant2trust statues or
commtsslon of embezzlement, theft, forgery, bribery, falslficatton or destruction of
records, malang 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 ot the offenses enumerated in paragraph
(I)Co) of this certiftcauon, and
(d) Have not wtthm a three-Year period preceding this application/proposal had one or
more pubhc transactions* terminated for cause or default
(e) Have not been disctphned or issued a formal reprimand by any State agency for
professtonal accredflat~on w~thm the past three years
(2) Where the CONSULTANT ts unable to certify to any of the statements in this ceruficatwn,
such CONSULTANT shall attach an explanation to this certification
*Federal, state or local
lqame of Ftrm
~gnature of Ce~afYmg Offiaal
T~tle
~ate
Page 12 of 12
Halff Associates
ENGINEERS · ARCHITECTS · SCIENTISTS
PLANNERS ° SURVEYORS
EXHIBIT 'B'
SCOPE OF WORK
Denton Ra,I Tra,I
A Segment of the Trtn,ty Trails
from Hickory Street to near Burl Road
for the
City of Denton
INTRODUCTION
The C~ty of Denton has received transportation enhancement funding from the Texas Department
of Transportation (TxDOT) for the construction of a pedestnan and b~cycle tra~l The project area
~s defined as
· Approxfmately 8 miles of tra~l along the abandoned MKT Railroad ahgnment, from
H~ckory Street ~n Downtown Denton south/southeast to near Burl Road
The scope of work for the proposed project IS as follows
BASIC SERVICES
Task l,O Project Data Collection
1.1 Prepare schematic base mapping for the project area
· Regional level base mapping from available TxDOT d~gltal mapping at 1 20,000
(approximately 1"=1600') scale
· Planning base map ~n d~g~tal form at 1 500 meter scale (1"= 40'+/-), prepared from
ex~stmg surveys, utlhty maps and railroad R O W mapping as available
· Detail mapping as necessary for specific areas at 1 200 scale (1"= 16'+/-)
(note scales may vary depending on available mapping)
I 2 Assemble avallable information on tretl corridor, tncludtng
· Existing utlhtles In trail corridor, including water, sewer, storm drainage, electncal,
gas, telephone, cable TV, etc (ut~hty informat~on to be provided by the City of
Denton)
· Previous C~ty of Denton trail stud~es, design concepts, Enhancement Funding
Exhibit B. Scope of Services Page 1 07/17/97
ilt Halff Associates
ENGINEERS · ARCHITECTS · SCIENTISTS
PLANNERS · SURVEYORS
application, Park Master Plans, etc
· Tnmty Tra~ls mapping, studies, etc
1.3 Review existing ownership lines and apphcable junsd~ctlon hnes, easements, rights-
of-way, etc from available ex~stmg mformat~on (based on adjacent ownership mformabon
to be provided by the C~ty of Denton)
1 4 Identify existing corridor features which wdl ~mpact tra~l ahgnment, such as
· vegetation,
· adjacent side-slope,
· current uses in rail corndor and adJacent areas,
street intersect~ons,
· surface utilities,
· other ex~st~ng features as apphcable
1 5 Identify key area land uses - Idenbfy and map land uses adjacent to the corndor
which may generate trips along the tra~l, such as nearby schools, the Central
Bus~ness D~stnct (CBD), parks, recreational facilities, retail areas, major employers,
etc
~ 6 Rewew and map existing and future potenttal connections to trail corridor
Incorporate city-wide trail master planning data as apphcable
I 7 Prepare opportunities and constraints exhtbits- Prepare exhibit at an ama-
wide scale to illustrate opportunities and constraints associated with the tra~l
corndors
Task 2,0 Enwronmental Assessment and Cultural Resources Review
2 1 Conduct preliminary review of tree corridor for potential enwronmentel
hazards Rewew findings w~th C~ty of Denton staff Recommend potential to seek
categorical exclusion or need to conduct further evaluations
2.2 Letter requesting Categorical Exclusmn status for project - prepare letter
report requesting categoncal exclusion status for project Rewew with TxDOT,
Fish & Wildhfe and other governmental ent~bes as necessary Assist C~ty of
Denton ~n addressing specific comments as necessary Submission of the Letter
Report may be done after a specific trail ahgnment and location in the corridor ~s
selected
2 3 Cultural Resources Assessment - Assist City of Denton ~n placing the project on
Exhibit B. Scope of Services Page 2 07/17/97
i Halff Associates
ENGINEERS · ARCHITECTS · SCIENTISTS
PLANNERS · SURVEYORS
TxDOT's schedule for a cultural resources assessment
Task 3.0 Schematic Design
3 1 Prepare target design criteria for trail sections - Base on AASHTO and North Central
Texas Council of Governments (NCTCOG) specifications, ;nclud~ng
·trad w~dth and shoulder dImensions,
· preferred bridge w~dth and rad heights
· curvature,
· cross slope,
· preferred street crossing locations,
· cntena for maximum adjacent s~de-slope,
3 2 Develop concept level solution for traa design - Prepare concept level sketches
for
· Develop concept tra~l ahgnments on 1 200/1 500 scale maps, w~th typical
sections
· Develop conceptual cress~ng, s~gnage and ws~bd~ty recommendatIons for major
interaectlons
· Conduct structural rewew of ex~stmg bridges, and recommend structural
solutions
· Develop conceptual bndge crossing solution for drainage channel near Marbn
Street
· Develop conceptual plan and sectIon alternatives for trestles
· Develop conceptual arrangement for project termm~ at H~ckory Street and
Swisher Road
3.3 Review alignments and conceptual solutions with City of Denton staff -
Rewew w~th C~ty of Denton and TxDOT staff, and modify as apprepnate per review
comments
3 4 Schematic Level Statement of Probable Cost - Develop prehm~nary construction
statement of probable cost, based on proposed ahgnment and selected
treatments
Task 4 - Public Input
4 1 Prepare exhibits for public meeting - Prepare plan, section and presentation
materials for pubhc meebng Prepare handout matenals for meebng Placement
of adverttsement(s) and nottflcabon for the meebng w~ll be the respons;btl;ty of the
Exhibit B. Scope of Services Page 3 07/17/97
Halff Associates
ENGINEERS · ARCHITECTS · SCIENTISTS
PLANNERS · SURVEYORS
Ctty of Denton
Conduct public meeting to present schemattc altgnment and recmve public
Input - Conduct ~nformal Imtlal "open house" format pnor to beg~nmng of the
meeting Conduct second port~on of meeting w~th presentation and review and
pubhc comment Document meeting ~n audio format
Prepare summary of meeting results - prepare written summary of meeting,
~ncludlng pubhc comments and questions
Prepare written responses to questions and comments raised tn pubhc
meeting - Prepare responses ~n letter format, w~th question or comment shown
before response
Task 5 - Pre=aration of Schematic Level Submission
5 f Prepare Schematic submisaion packet - Refine concept level drawings and
prepare schematic rewew set packet for submission to TxDOT for rewew and
comment
5.2 Rewew wtth City and TxDOT staff - Conduct a rewew meebng w~th City and
TxDOT staff Deliver up to five sets of schemabc level plans for rewew by TxDOT
$ 3 Respond to TxDOT Comments - Review TxDOT comments dunng the rewew
penod w~th C~ty of Denton Staff and respond to comments as necessary
Task 6 Survey for Design
6 f Determine where surveying is required - Review schemat;c drawings and other
ava;lable informat~on and determine locations where on the ground survey data Is
required The majonty of the corridor wdl not be surveyed as part of th~s basic
scope of work The basic scope of work prowdes for up to 40 hours of surveying
by a two man crew, ~ncludlng travel time Items to be surveyed (subject to change
as more detaded study occurs) ~nclude
· Cross sections at critical points
· Location of s~gmficant trees impacted by the tra~l ahgnment only at intersections
· S~gmflcant Iow points along the corridor
· Street elevations and major features at key major intersections
· Centerlme grades along the rail R O W for 30' to 50' at the approaches to each
~ntersect~on
Exhibit B - Scope of Services Page 4 07/17/97
i Halff Associates
ENGINEERS · ARCHITECTS · SCIENTISTS
PLANNERS ° SURVEYORS
6 2 Review scope of surveying mqmred with City of Denton staff
6.3 Conduct survey - conduct on the ground survey
Task 7 Final Plans/S_neciflcations
7 1 Incorporate survey data into base mapping ~ assemble and ~ncorporate survey
data gathered ~n task 6 0 into the base files to be used ~n the preparation of final
drawings
7.2 Prapara construction plans - Prepare plans and typical sections at 1 200
(1"=16 6') 1 500 (1"=41 7') and 1 1000 (1"= 83') scales as appmpnate (Note
scales may vary based on avatlable base tnformabon) Profiles will not be
prepared except as required at the approaches to ~ntersectlons
7 3 Design signage and pavement markings - Design pavement markings and
sigmng according to Texas Manual of Umform Traffic Control Dewces (TMUTCD)
requirements
74 Typ;cal Details - Prepare typical trail, trestle and new bridge details as reqmred
Where feasible, use typical bndge decking and raft details developed for the
M~neral Wells or other rails to trails projects Note that bndge repair and
modification deta~hng may utilize photographs w~th notes to specify points to repair
Draw;ngs of each bndge may not be ~ncluded ~n the construction drawings The
scope shown assumes that the ex~st~ng bndges will not be w~dened beyond the 10'
w~dth of the trail, additional w~demng may reqmre additional fees
7.5 Landscaping and Amemty plans - as reqmred for buffenng or enhancement,
prepare landscaping plans for trail corndor, using Xenscape techmques wherever
possible
7 6 Assemble and modify, as necessary, TxDOT standard sheets - Prepare
specification data notes, quantity summaries, and pay item data ~n TxDOT ASCi;
format 0f required)
7.7 Traffic control and Stormwater pollution prevention plans - prepare traffic
control and SWP3 (stormwater pollution prevention) plan per TxDOT standards as
appropnate Traffic plans w;ll not be prepared for each intersection, but will
reference the Texas Department of Transportation Traffic Control Standard Sheets
and the Texas Manual on Umform Control Dewces for Streets and H~ghways with
Part 6 for traffic flow dunng construction Stormwater pollubon plans will utilize
standard detail sheets
Exhibit B. Scope of Services Page 5 07/I 7/97
ill Halff Associates
ENGINEERS · ARCHITECTS · SCIENTISTS
PLANNERS · SURVEYORS
7 8 Final Cost Estimate - Revise statement of probable cost based on final drawings
Review with C~ty of Denton staff
7 9 Submit plans to City staff, TxDOT for final rewew Incorporate or address
review comments
7 fO Submtt final plans and specifications to C~ty and TxDOT A reproducible set of
drawings, along w~th an ong~nal set of specifications shall be submitted to the Cdy of
Denton In addition, all construction drawings generated on CADD shall be dehvered
on diskette or CD form to the Cmty of Denton If required, an addd~onal original set of
the plans and specifications can be dehvered to TxDOT Pnntmg of btd packages
be performed by TxDO T or by the Ctty of Denton, and ts not included ~n thts scope of
services
Exhibit B. Scope of Services Page 6 07/17/97
ENGINEERS · ARCHITECTS · SCIENTISTS
PLANNERS · SURVEYORS
SCOPE OF WORK ASSUMPTIONS
The ~tems listed below are services which are not currently foreseen as being required to
design the proposed trail, and are not ~ncluded ~n the basic services scope of work
These ~tems can be prowded as additional services at an add~bonal cost should they be
required Assumptions related to the services required are also shown below
1 No Storm ~nlet relocabons are anticipated ~n the project, and ~f needed w~ll be
considered an additional service M~nor new culverts for area drainage will be
~ncluded on an as-needed bas~s No other ut~hty relocations w~ll be designed as
part of th~s project
2 Plans w~ll be prepared m metnc format, w~th English umt d~mens~ons where
necessary for public review and understanding of the project
3 No submittals or coordination w~th the Federal Emergency Management Agency
(FEMA) are proposed
4 Postage and ma~hng of public meeting advertisement not~ce costs w~ll be prowded
by the C~ty of Denton
5 Traffic s~gnal design is not considered to be necessary at this time, and if deemed
necessary after further design w~ll be considered an additional service
6 No wetland m~tlgatlon plans are proposed, and if required are an additional
service
7 As-built plans are considered an additional service If required, as-built plans w~ll
be prepared by the Consultant on an as-needed basis, using documentation
provided by the TxDOT on-s~te ~nspector T~me spent documenting as-built
changes w~ll be billed on an hourly bas~s, and ~s not ~ncluded ~n the basic services
scope of work (See special services scope of work)
8 No construction sequence or traffic count plans w~ll be prepared by the Consultant
9 Geotechn~cal design is currently proposed only for the new bridge to be placed
near Mart~n Street Add~bonal geotechmcal work required as part of the project
can be provided as an additional service
10 If easements are required, the easement document language w~ll be prepared by
C~ty of Denton legal staff
11 Easement boundary sketch and metes and bounds ~llustrat~on w~ll be considered
as an additional service ~f required Easement ~llustratlons w~ll be based on plats
and abstracts prowded by the C~ty of Denton and the prewous owner of the
property Abstract searches and t~tle research ~s excluded from th~s proposal but
can be ~ncluded as an additional service
12 The ~llustrat~on of other access easements to the tra~l are excluded from th~s
proposal
13 Major repairs to the sub-structure of the railroad trestles are beyond the scope of
this proposal
DALLAS · FORTWORTH · HOUSTON , ARLINGTON * McALLEN CHICAGO
TRANSPORTATION · WATER RESOURCES · LAND DEVELOPMENT MUNICIPAL ENVIRONMENTAL · STRUCTURAL
Exhibit B - $COl~e I~F~t~t~b,~ ELECTRICAL · SURVE~e ~EOGRAPHIC INFORMATION SYSTEMS 07/~7/97
-- ARCHITECTURE · LANDSCAPE'ARCHITECTURE · PLANNING
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 Trads
from Hickory Street to near Burl Road
for the
City of Denton
Basic design and eng~neenng serv,ces as described ~n Exhibit 'B' w~ll be pmwded on a t~me and matenals
bas~s, w~th a maximum not to exceed fee as shown ~n the "Total Fees" below The amounts shown for each
task may vary dunng the course of the project, but the overall fee total shown w~ll not be exceeded w~thout
pnor wntten authorization by the City of Denton Anticipated Expense amounts ~ncludes the services of a
geotechmcal engineer, pnnt~ng, delivery semces, computer charges normally associated w~th production of
these services and reproduction of one original set of construction documents ~n digital form as specified ~n
the Scope of services The fee ~s summanzed as fellows
Basic Services Fees
1 0 Project Data Collection and Comdor Analys~s $4,360
2 0 Environmental Assessment $2,400
3 0 Schematic Design $11,601
4 0 Public input $3,290
5 0 Schematic Design Submttal $3,540
6 0 Survey for Design $3,550
7 0 Rnal Plans and Specifications $22,953
TOTAL FEES ........................ $5'1,694
Anticipated Project Expenses $3,600
A The Consultant's Basic Semces Fee w~ll be prowded on a bas~s of 3 00 bmes salanes for
time d~rectly chargeable to the project Salanes are defined as the direct houdy pay scale of
engineers, planners, landscape architects, amh~tects, draftspersons, stenographers,
surveyors, clerks, laborers, etc, for time d~rectly chargeable to the project, without the
addition of fringes for social secunty contnbutlons, unemployment and excise taxes,
employment compensation insurance, retirement benefits, medical and insurance benefits,
sick leave, vacation, and hohday pay applicable thereto The 3 00 multiplier ~ncludes all of
the Consultant's fnnges, overhead costs and profit margin
Exhibit B - Scope of Services Page 8 07/I 7/97
Halff Associates
ENGINEERS · ARCHITECTS · SCIENTISTS
PLANNERS · SURVEYORS
B All direct non-labor expenses, ~nclud~ng pnnt~ng and reproduction costs, computer charges,
telegraph and telephone toll charges, etc w~ll be charged at actual ~nvo~ce cost bmes a
multiplier of 1 05 to cover accounting costs The amount shown for expenses ~s an esl~mate
only, and may vary
C The semces of major sub-consultants, who w~ll be retained by the Consultant on a pay-
when-paid bas~s and whose services are approved In advance by the C~ty, will be charged at
actual invoice cost t~mes a mulbpl~er of 1 00 The budget ~ncludes $8,930 for tra~l planmng
and design by Bowman-Melton Associates Inc, and $2,400 for geotechnlcal sampling and
recommendations by Terra-Mar Inc
D Semces w~ll be billed monthly, based on the pementage of work completed
Exhibit B - 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 englneenng items, as requ~rad and as descnbed in Exhibit
'B-I' will be prowded on a time and matenals bas~s Special Services tasks will not be
~mt~ated w~thout pnor approval and wntten authonzat~on 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
Project Manager/Planner $85 00
Trail Speclal~st $80 00
ProJect Ciwl Engineer $65 00
Project Structural Engineer $80 00
Survey Field Crew $85 00
Survey Engineer $75 00
CADD Drafter $50 00
Clencal $35 00
All hourly rates are denved by multlply~ng the direct labor cost per category by a factor for
fnnge labor costs such as social secunty, medical and retirement benefits, rent, other
overhead costs, marketing and profit
Exhibit B. Scope of Services Page 10 07/17/97
ill H'alff Associates
ENGINEERS · ARCHITECTS · SCIENTISTS
PLANNERS · SURVEYORS
EXHIBIT 'B- l '
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 eng~neenng and surveying semces can be pmwded by the Consultant on an as-needed bas~s
as special services The need for such semces w~ll be determined dunng the project All special semce
tasks w~ll be provided on a t~me and material bas~s, with ~nd~wdual special services task totals not to exceed
the amounts shown below These services include
Task A Survey for Design
A-1 Provide add~bonal surveying as determned necessary dunng the schematic design phase of
the project, beyond the 40 hours of surveying included In the basic scope of semces Items
to be surveyed w~ll be determined
Task B Bidding Services
B-1 Assist TxDOT and the Ctty of Denton staff in addressing contractor questions dunng b~dd~ng
process, and conduct pre-b~d conference (meeting notification by City of Denton)
B-2 Assist C~ty of Denton ;n evaluating bids Prepare b~d companson and wntten evaluation
Estimated Fee for Items B-1 and B-2 - $1,200
Exhibit B. Scope of Services Page I 07/17/97
il! 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 dunng construction Prepare a wntten
summary of findings after each observation tour A total of 8 hours of t~me are reqmred for
each observation tour and letter report Estimated Fee - $4,080
C-3 Conduct preliminary and final walk-through w~th contractor and prowde written summary of
findings Estimated Fee- $1,200
C-4 Conduct regularly scheduled on-site ~nspect~on at key points ~n the Construction process
This scope provides for 15 hours of on-s~te inspection time per week over the estimated 16
week construction process Number of hours allocated to on-s~te inspection and construction
administration can be adjusted as required Inspection will be conducted by Halff Associates
engineers, landscape amh~tects 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 Prowde aroh~tectural, structural, mechamcal, and s~te design semces related to the
ralocat~on and refurbishment of the Denton Ra~l Depot Prowde schematic and construction
related drawings for the fac~hty (tf tncluded, detailed scope of servzces for depot w~ll be
prepared as an amendment to thts contract
Exhibit B · Scope of Services Page 2 07/17/97
DISCLOSURE OF LOBBYING ACTIVITIES
Complete th~s form to dtsclose lobbying actlvmes pursuant to 31 USC 1352
(See reverse fo~ pubhc burden d~sclosure
Type of Federal Action 2 S~tus of ~der~ A~on Repo~ Type
b grant b Inlttal~atd b ~terlalchange
~ COO~fatwelgr~meflt ~ ~t-/w/(d Fof~tedll~lflge~ly
d I~fl ~ir quarter
· I~n guaramee ~te of la~ ~e~
~dr~ of ~
~ Prime ~ Subawardee
Tier If kno~
DaZia~, 7ex~e 75225
F~al De~m AgenW 7 F~eral ~mm ~mel~
~A Numar, ~apph~e
F~eral ~ Nu~, ~own 9 Awa~n~lfkn~
S 55,000
a Na~ e~ ~dmss of ~bb~ng E~y b ~dJ~s ~o~ Se~ On~g addre~
(1~ name, f~m nam~ MIJ
~o~e ~o~e
~ofh~ent(~Kk~l~a~apply) 1~ T~ofp~e~(~K~lll~atapplyJ
S ~o~e ~ a~ual ~ planned ~ a r~i~r
~ b on~dmef~
FormofPa~m(checkall~a:ap~y) ~ ~
~ a ~sh ~ d cont~gentfee ~o~e
~ b i~,~ ~ture ~o~e ~ · deferr~
value ~ f other, s~
Bd~ O~cH~on of S~lc~ hKormed m to ~ p~o~ a~ Dates) of Siwk~ Ind~l~ o~ceKs~ employ~(s), or MembeKs)
09/02/97 10 16 '~214 739 0095 HALFF ASSOCIATES ~]002/003
ATTAC[IMF~T .NOTE Cop~es of the endorsements hsted
TaOOT~ormNo 20102(Rev 12.gl)Previousedltlonsofthtsfotmmaynotbeused
below are not required as attac~
TEXAS ~ merits to this ce~ificate
DEPAflTMEN[ O~ T~NSPORTAT~ON
C~RTIFICA] E OF INSURANCE
acceptable as p~oof of insurance Commercial ~.ie~s cenlfica{es am unacceptable ....
SE~ION I - IDENTIFI~ON DATA
~LFF ASSOCIATES, INC
86C6 NOR~I1W~ P~ZA DR~VE
14 S~a~. lS Zm 7522~
1 ~ Ot~ DALES TE~S
A~e~de( 214 ) 739-0094
_SECTION I[ -,,~YPE OF INSURANCE
Type Policy Effective Explratmn LIm~ of Llabd~ty
Number Date Date Not Less Than
2 WORKERS' COMPENSATION
2 1~ 22 ~-lR-qT . 2 3~ Statutory-Texas
Endorsed w~th a Waiver of Subrogation m favor of the Texas Depa~ment of Transpo~atton
3 COMMERCIAL GENERAL LIABILI~
$325,000 combined
8oddylnlury/Property 3 1~ 3 2_?-12-q7 3 3~ smglehm~teach
Damage occurrence and In the
aggregate
Endoned w~th the Texas Department of Transpo~atmn as a n Addit~onal Insured and endorsed w~th a Wmver
of Subrogation In favor of the Texas Depa~ment of Transpo~atmn
4 TE~S BUSINESS AUTOMOBILE POLICY S100,000 ea person
A Boddylnjury 41~l~n~R1;4 42~ 432
$300,000 ea occurrence
B PropertyDamage 44~1~5D561-1 45~ 46~ $25,000ea occurrence
endorsed with the Texas Depa~ment of Transpo~ation as an AddKional Insured and endorsed w~th a Waiver
of Subrogation ir~ favor of the Texas Depa~ment of Transpo~atmn
5 UMB~EL~ POLICY (If Appll~ble)
5 I~P~SD563-8 5 2 7-[2-97 5 ~~ s 5,000 000
SECTION III - CERTIFI~TION~
~ ~hodzed
6 I Name ef Insu~an~eCompanY BELL YNSU~NCE AOEN~
SEE AT~A~ENT
62 ~m~any Add,ess 27~7
IRVIN~ TE~S
.RECEIVED TIMF SEP 2 ~18 18~1 PRINT TlblE~SEP 2 --18 19A~
09/02/97 l0 17 '~14 739 0095 IIALII ASSOCiAFES ~003 003
A FFACIIMEN F
Answer to Section 111 - Certification
For Workers' Compensation
6 I Travelers Insurance Company
62 P O Box 660055
6 3 Dallas
64 TX
6 5 75266-0055
For Colmller¢la[ Oeneral Liability, Texas Business Automobile Policy and Umbrella
Poh,'y
6 I Trr~elers Insurance Cus,pany
6 2 P.O Box 660055
6 3 Dallas
64 TX
6 5 75266-0055
RECEIVED TII1E SEP ~ 10 18AM PRIMT TIME SEP ~ 10 19AM
ATTACHMENT H
DISADVANTAGED BUSINESS ENTERPRISE
IN FEDERAL-AID ARCHITECTURAL/ENGINEERING CONTRACTS
PURPOSE Tho purpose of this attachment is to carry out the U S Department of Transponation's policy
of supporting the fullest possible parIl¢lpatlon of firm~ owned and controlled by socially and economically
disadvantaged mthvlduals m U S Department of Transportation programs
POLICY It Is the policy of the U S Department of Transportation that Disadvantaged Business Faterpnses
(DBF, s) as defined in 49 CFR Part 23, Subpart D and the Depanmant's Disadvantaged Business Enterpnse
Program, shall have the maximum oppormmty to participate m thc porformsnce of contracts financed m whole
or m part with Federal funds Consaquently, the Disedvanta§ed Business Enterprise reqmrements of 49 CFR
Part 23, Subpar~ D and the Dapal~mant's Disadvantaged Business Enterprise Program, apply to this contract
as follows
a The Architect/Engmser agrees to insure that Disadvantaged Business Enterpnses, as defined in 49 CFR
Part 23, Subpar~ D and the Depamnent's Disadvantaged Busmeas Enterprise Program, have the maximum
oppormmty to pamclpate m the performs'ace of contracts and subcontracts ~n:~nced m whole or m part with
Federal funds In this regard, the Archltact/E, nsineer shall take all necessary and reasonable steps to meet
the Disadvantaged Businass ~,nterprise goal for this contract
b The Archltect/F_,ngmecr and any subprovider(s) shall not thscnnunate on the basis of race, color, national
origin, or sex m the award and performsnce of contracts funded m whole or m part with Federal funds
c When submlttU~ the contract for execution by the Departinent, the Architact/F.,ngmcer specifies the name
of the eligible DBE subprovider(s) to be used on this project, thc work m be performed by the
subprovider(s), and the asr!rested amount of stthcontract(s), (Att~t H-l) Any substltuuons or
ehanses to the DBE subcontract amount shall be subject to approval by the DeparUmmt
d Failure to care/out the requirements set forth above shall constitute a breach of contract and, after the
notiflcatmn of tho U S Department of Transportauon (DOT), may result in termination of the contract
by the Dapartlllant, a deduction from tho money due or to becesne duc to thc Archite~r, not as
a penalty but as damages to the Dapartment's DBE progranl, or such other remedy or re--es as thc
DEFINITIONS
a 'Department' means the Texas Department of Transportauon (TxDOT)
b 'Federal-Aid Contract' Is any contract between thc Texas Departoumt of Transportanon and a
Atv, hitect/Engmeor which is paid for in whole or m part with U S Department of Transportation (DOT)
c "Archit~' Is any mthvidual or company that provides en~mecnng/archttectural se~'lces as
defined in Texas Covemment Code, Chapter 22~4 Subchapter A
d *Joint Venture' means an association of two or more busm~ssas to carry out a single bnsmess enterprise
for profit for which pu.vpose they combine thatr property, capital, efforts, skills and knowledge
e 'Disadvantaged Business Enterprise (DBE)' means a small busmass conccro (1) which is at least 51 percent
owned by one or more socially and econonneally disadvantaged individuals, or m the case of any publicly
owned business, at least 51 pm'cent of the stock of which is owned by one or more socially and
~conomically disadvantaged individuals, and, (2) whose m~n*§ement and daily business operations am
controlled by one or more of the socially and econo~mcally disadvantaged individuals who ow~ it, as
corofied by the Texas Department of Transportation
3/95
1-4 deb fed
"Small business concern" means a small business as defined pursuant to Saclion 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 Umted States Socretary of Transponauon shall adJusi
this figure from time to time for inflation
*Socially and economically disadvantaged Individuals* means those individuals who arc citizens of thc
Umted States (or lawfully admitted permanent residents), and who are Women, Black Americans, Hispanic
Americans, Native Americans, Asian-Pacific Americans. Asian-Indian Axncncans, and any other minorities
or illdlvlduals furred to bo disadvantaged by the Small Business Admmlstratmn pursuant to Section 8(a) of
the Small Business Act For convanienff, e, these individuals and groups are referred to as 'disadvantaged.
in this subpart The Department may make a rebuttable presumption that mihvlduals m thc fullowmg
groups are socially and economically disadvantaged
(1) 'Black Americans, * which includes persons having origins m any of the Black racial groups of Africa,
(2) *Hispanic Alllorlc. ans,# which includes persons of Mexicarl, Puerto RlCan, Ctihan. Central or South
American. or other Spamsh or Portugusse culture or origin, regardless of race,
(3) *Native Americans** which includes persons who are American Indians, Eskimos, Aleuts, or Native
HawallallS,
(4) *Aslan-Paotfi¢ Americans,* winch meludes persons whose origins are from Japan, China. Taxwan,
Korea, Vtataam, Laos. Cambodia. the Pinhppmes, Samoa, Ouam, the U S Trust Temtorles of the
Pacific and The Northern Mar~n**.
(5) *Asian-Indian Americans,* winch includes persons whose origins arc f~m India. Painstan, and
Bangladesh, and
(6) Women
PERCENTAOE GOAL The goal for Disadvantaged Business Enterprise perticlpatmn m the work to be
porforo~ed imdor this contract is a mtntmltm 20 ~ of the contract amolmt
ARCHITECT/ENOINEER*S RESPONSIBILITIES A DBE prune can fulfill the DBE program requirements
An Archltact/Hllgmcm- who cannot meet the contract goal, m whole or m part, shall dncumcnt the following
and any other efforts ml~de as a *Good Faith Effort* to obtain DBE participation
(1) Written sohcltatlon of DBEs, certified by the Department, capable of performing a portmn of thc
contract, located wlthm the Sta~ of Texas and other states, as appropriate
(2) I~fforts r~rl,, to select work that could bo performed by DBEs m order to ~ the likelihood of
acineving the stated goal,
(3) Efforts to ncgottata with DBEs for subprovlder work including, as a minimum
(a) The names) address, alld telephone numbers of DBEs that were contacted,
(b) A description of tha reformation provided regarding the selected subprovlder work,
(c) A statement of why agreements could not bo reached with DBEs
(4) Reasons for rejecting a DBIE's proposal must bo explained
Note The A=r0intoct/~ngmeer must not cause or allow subprovlders to bid th'ir services
3/95
deb fed
b The preceding information shall be submitted d~recfly to the C'hmrmsn of thc Dtsmct or Dlvtston
Consultants Review Committee responsible for the project
c The Architect/Engineer shall make all reasonable efforts to honor conumtmcnts lo DB£ subprowders
named m the original commitment subnutted under Section 2 c of this attachment Where thc
Architect/En~mecr terminates or removes a DBE subprowder nmed m the ~mttal commitment, the
Archltect/Engm~er must demonstrate on a case-by-case basis to the sansfactlon of the department that the
originally designated DBE was not able or wdlmg to perform
d Thc Architect/Engineer shall malco all reasonable efforts to replace a DBE subprowder that is !!n~hle or
unvallmg tu perform suceessfully vath another DBE Any suhstitutton of DBEs shall be sub. leer to approval
by the department The Department may request a statement from the firm being replaced concerning its
replacement prior tu approvmg the substitution
· Tho Arelutect/l~-ngmeer shall deai~nate a DBE liaison officer who will adm~ruster the Arclutect/Engmeer
DBE proo~r~m and who will be responsible for maintenance of records of efforts and contacts made to
subconU'act vath DBEs
f Archltect/Engmeers are encouraged to mvesttgate the services offered by banks owned and conh*'olled by
disadvantaged individuals and to make use of these banks where feasible
a To ensure the Department's DBE program benefits only those firms owned and controlled by socially and
economically &sadvantaged mthviduals, the Department vall certify the ehgibdlty of DBEs to perform
subcontract work on DOT finAnCially ess~ed contracts
b This cerilfloatlon will be accomplished throu~,h the use of the appropnate certification schedule contained
m tins Department's DBE program
c The Depamnant publishes qumlerly a Directory of Dtsadv~ataged Bnsmess Entaipnses cotusmms the
nsm~S of firms that have been certified to be eligible to pamcipate as DBEs on DOT ti,~snc~ally assisted
oonU~ts This Dlrectu~ is available from the Department's Bnsmess Oppormmiy Program Office for
Architecffl~l~tnecr's reformation
d Only DBE firms certified at the tune commitments aro submitted aro eligible to bo used 111 the mformatlon
fur,~t*hed by tho Architect/Engineer es reqmred under Section 2 c above
e If during the course of the contract it becomes necessary to subsUtute another DBE finn for a firm named
m the ufformAt~on submitted by tho Arolutect/En§meer as reqmred by Section 2 c above, then only DBE
firms ce~ffied at the time of the substitution vail be considered eh~ble as a substitute firm
? DETERMINATION OF DBE PARTICIPATION
A f'mn must be an eligible DBE and perform a professional or t~hmcal functton relating to the project for the
total ehgthle dollar srnount pald on tho contract to apply toward fnlffilmg the DBE goal Proof of payment,
such as copies of cancelled cheeks, properly ldenufymg the Depamncot's contract number or prolect number
may be required to substantiate the payment, es deemed necessary by the Department
8 COMPLIANCE OF ARCHITECT/ENGINEER To ensure that DBE requmiments of this U S DOT-assisted
conUact are complied with, the Department wdl momtor the Arelutect/En~meer's efforts to mvolve DBEs
during the performance of this contract This will be accomplished by a review of Progress Assessment
Reports (At~*el~r,~t H-2), submitted to the Department by the Arclutecl/F_agmeer mthcatmg his progress m
acluovu~ the DBE contract goal, and by compliance reviews conducted by the Department
The Arelutect/Falgmecr shall receive credit toward the DBE goal based on actual payments to the DBE
subproviders The Arehttect/Engmeer shall noUfy the Busmess Opponumty Program Office d he/she withholds
or redllces paym~-m to a DBE subprovider
3/95
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The Architect/Engineer's request for subsmuuons of DBE subpmvlders shall be accompanied by a detailed
cxplananon 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/Engineer's fadure to meet the DBE goal and failure to demonstrate to the Department s
satisfaction, sufficient "Good Faith Effort* on his/her part to obtain DBE participation, shall constitute a breach
of contract In such a case, the Departmetu reserves the right to terrmnate the contract, to deduct the amount
of DBE goal not accomplished by DBEs from the money due or to become duc thc Architect/Engineer, not as
a penalty but as damages to the Department's DBE program, or such other remedy or remedies as the
Dapartmont deems appropriate
9 RECORDS AND REPORTS
a Afar subrmssion of the tmtial conmutment reported (Attachment H-l), required by Section 2 c of this
attachment, the ArshltectffEngmeer 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 Bnsmess
Opportunity Program Office of the Department, and one copy is to be submitted with thc
Arcintect/Engmeer's mvmco These reports wall be required until all DBE subprovlder 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 subprovlders should be identified on the report by name, type of work being performed, the amount
of actual payment made to each during the bdlmg period, cumulative payment amount and percentage of
the total contract amount Reports are requ~ed even when no DBE activity has occurred m a Inllmg
period
c All such records must be retained for a period of three years following completion of the contract work,
and shall be avadable at reasonable Umes and places for inspection by anthortzed mpmsentanves of the
Department or the U S Department of Transportation
d Prior t~ receiving f'mal payment, the Arointect/Engmcer shall submit a Final Report (Attachment H-3),
detailing the DBE payments
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ATTACHMENT H-1
Texas Department of Transportauon
Subprovlder Momwnng System
Conumunent Worksheet
Contract No Assigned Goal 20% DBE
X
Federally Funded State Funded ~
Prune Provider Halff Associates, I~c.
Total Contract Amount $55,294
~ Tvve of Work 5/~dlfl.QLI.~ ~ Amount
(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 BMSD6429Yl197 (2.7%)
$1,500.00
CONTRACT TOTALS
Total DBE or HUB Comnuunent Dollars $ 11,058. oo
Total DBE or HUB ConmuUnent Percentages of Contract % 20.0
3/95
dbe hi
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 behalfof
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 connectaon with the awarding of
any federal contract, the making of any federal grant, the making of any federal loan,
the entenng into of any cooperative agreement, and the extenmon, 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 attemptang 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-
Uve 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 thru certification be included
in the award documents for all subawards at all t/em (including subcontracts, sub-
grants, and contracts under grants, loans, and cooperative agreements) and that all
subrempients 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.
Slgna-tur~O Greg Kuhn, P.E.
Corporate Secretary
Title
Halff Associates, Inc
Agency
August 26, 1997
Date
SDIIIq
4 90
ATTACHMENT J
CIVIL RIGHTS COMPLIANCE
During the performance of this contract, l-lalff Associates ~ Inc. , for itself, its assignees and successors
in interest (ho~mafter refen'ed to as the "Engineer'), agrees as follows
(I) ~olllollance with Re~,ulatlons The Fm~mecr shall comply with thc Regulations relative to nondiscnnunation m
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 (beremafler
referred to as the Regulations), which are hereto incorporated by reference and made a pan of this contract
(2) Nondiscrimination The Engmcer, with regard to the work performed by him dunng the contract, shall not
discriminate on tho grounds of race, color, sex, or national ongmm the selection and retention of subcontractors,
mchidmg procurements of materials and leases of equipment The Engineer shall not participate either directly or
Indirectly in the dl~r~min*ttoll proinbtted by Section 21 5 and Part ? 10 405(b) of the Regulations, including employment
practices wheal the contract covers a program set forth in Appendix B of the Regulations
(3) ~0]tt~tnttt~ns for Subcontracts. hlc!natn~, procllrements of Materials and Eotnoment In all solicitations either by
competitive bidding or nagottation mnde by the Ellgmcer for work to be performed under a subcontract, including
procurements of matenals or leases of equipment, each potenual subcontractor or supplier shall be noUfied by the
Engineer of the Engineer's obligations under this contract and the Regulations relative to nondisclnmmatlOll on the
grounds of race, color, sex, or national origin
(4) ~ The Engineer shall provide all reformation and reports required by the Regulations.
or directives issued pmsuant thereto, and shad penmt access to his books, records, accounts, other sources of
reformation, and his facthuea as may be determined by the Texas Department of Transportation or the Federal Highway
A&mm~stratlon to be pertinent to ascertnin compliance with such Regulations or directives Where any mformatlon
required of the Engineer is m the exclusive possasslon of another who fads or refuses to funush this reformation, the
Engineer shall so cemfy to the Texas Deportment of Transportauon or the Federal Highway Arlmm~$tratlon, as
appropnate, and shall set foxth what efforts he has msde to obtain the reformation
(5) ~ lntheevelltoftheEngmcer'snoncomphancewlththenondiscnmmationprovislons
of this enlltract, the Texas Department of TransportaUon shall impose such contract sanctions as it or the Federal
Highway ~dmm~$ffation may determine to be appropriate, mcindmg, but not lumted to
(a) withholding of payments to the Engmcer under the contract un~ the Engineer complies and/or
(b) cancellation, termmatiun, or suspension of the contract, tn whole or tn pan
(6) ~ The Engineer shall mcinde the p~vlsxons of paragraphs (1) through (6) tn every
subcontract, including procurements of materials and leases of eqmpment, unless exempt by the Regulations or directives
lasllod p~ therato The Englncer shgll tsko stleh action with rcepe~t to any subcontract or procurement as the
Texas Department of Transportation or the Federal Highway Administration may dm~ct as a means of enforemg such
provisions including senotlons for noncompliance provided, however, that in the event an engineer becomas involved
tn, or is threatened with, litigation with a subcontractor or supplier as a result of such detection, the Engineer may
request tho Texas Department of Transportation to enter rote such litigation to protect the interests of the State. and,
tn addmon, the Engineer may request the Umted States to enter rote such lmgatlon to protect the ultereats of the United
J-1 3/95
clvnght
CHILD SUPPORT STATEMENT
FOR NEGOTIATED CONTRACTS AND GRANTS
The unders,gned 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 race|va a state-funded grant ~s a dehnquent obhgor who ~s 30 or more days dehnquent
~n paying chdd support under a court order or a wntten repayment agreement A
substantml owner is one who has at least ten percent ~nterest ~n the firm
Pursuant to the prows~ons of Section 2 01, Subchapter B, Chapter 14, Famdy Code, any
sole proprietor, partner, majonty shareholder, or substanbal owner who ~s a dehnquent
obhgor is ~nehg~ble to submit an offer for a TxDOT contract or apply for a TxDOT-funded
grant until (1) all arrearages have been prod, or (2) the obl,gor ~s ~n comphance w~th a
written repayment agreement or court order as to any ex~sbng dehnquency
The sworn statement ~s a material representation of fac{ upon which rehance ~s placed
to determine the offeror's ehg~bdJty to receive a grant or to enter ~nto a contract
Submission of this sworn statement ~s a prerequisite for making or entenng into a
contract w~th or receiving a grant from TxDOT
If at any t~me ~t ~s determined that the representabons made herein by the undersigned
are false or ~n error, the contract or grant becomes null and vmd, and TxDOT shall avail
itself of remedies ~n equity and ~n law
S~gned ~ ~ Date august 26,
On behalf of (Company) Eal£f assoctat:es t [nco
Before me, the understgned authority, on this day personally appeared ~ c ~o~;~
, who, being duly swom~lupg~ oat~ says tha, t
he or she Is qualified and authorized to make this affidavit for and on behalf of ['t
(Company), and is fully cognizant of the facts harem set out
ACKNOWLEDGED, SUBSCRIBED AND SWORN TO before me the unde[slgned Notary Public,
which, witness my hand and seal of office on th~s ~ (~ day of ~ 19¢~'7, to certify
Notary Public for tl~"$tate of Texas
My Comm~selon expires _O.p~. ~0~:
chlidsup frm
DEBARMENT CERTIFICATION
(Negotiated Contracts)
(I) 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 mehgthle
or voluntarily excluded from covered transactions by any federal department or
agency,
(b) Have not wlthtn a three-year period preceding this proposal been conwcted of or
had a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtmn or performing a pubhc*
transaction or contract under a public transaction, violauon of federal or state
antitrust statutes or commission ofembezzlemem theft forgery, bribery,
falsification or destruction of records, ma~ng 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 default
(e) Have not been dlsciphned or issued a formal reprimand by any State agency for
professional accre&tation 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 th~s certification
* federal, state or local
Name of Firm
Slgnatu~of Certtfymg Official
Title
Date
l - 1 3/95
debar frm
Lower Tier Participant Debarment Certification
(Negotiated Contracts)
/0(r]~,~ ]t~]~--I being duly sworn
(tmenoameofeem~msoffic~al) " ' *~ - ~
or under mmlw of oerju~ unden~e laws or me umtea ~mt , cemfies ~at
ne~mer ~~ ~~ ~~/~ nor ~ts
(s~e~ name of lower ~er pamc~pant}
prmmpals arc presently
* debarred, suspended, proposed for debarmem,
- declared mehg~ble,
* or voluntarily excluded from paruc~pat~on m th~s transacnon
by any Federal depa~em or agency
Where ~e above ~dentffied lower uer partmlpant ~s umble to eem~ to any of
the above smtemen~ ~n ~s ce~ficauon, such prospecUve pammpant shall
nd~cate below to whom the exceptmn apphes, the ~muatlng agency, and dates
ol actmn
Exceptions will not necessarily result in demal of award, but will be considered
m determtmng contractor respons~bfl~ Prowdmg false mformat~on may result
~n cnm~ml prosecuuon or adm~mstrauve sanctions
EXCEPTIONS
S~gnatur* of Cemfymg Official
T~tle
!
Date of
See Reverse for Information
Form 1734
Rev 4-89 Lt_dcbar
~e Bell ~en~,
[~ng, T~as 75014-01~9 ~ ........ ~ ,~
A.~.: I'~ ..............
8e16 Nor~hw~ Plea Dr,
D~., ~ 7,22, 1"~ ................
~ ~ ~ ~XJ~ S~Oi~SD,e2-6 107/12/~997 07/12/1998 Lp~~..t . 1~00~0_~
~...'~o~.~ ~~ ........ J' 1~-9~°~,~°
~m~.u~ ~w~ [~ ,1~000~00~
I.
[~ ,o~.. A~ { .............
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l, , , ' '
A ,~ ~..~ i~3~OSe~-8 07/12/1997 07/12/1998 ~ .......... ~$ ,~006~00
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, ~e, ~ SO0 { 000
~a ~ /~ SOO{~O0
I'~~ ~ i;~.--~-T~ .... ~Bo,oo.
8 ~ ~atms M~e AENOO82209S6 107/09/1997{07/09/1998~ Deducible S10o,o0o
~ NIPOP EH ~P
Vorkars ~mpans~ton ~d Professional Ltabtll~ - ~ d&y notice of c{nceliatton ts ~d~d ~cep~
LO d~s fop non-pa~an~
~ ..... . ............... ~ ; . .
C~y ~ Defl~O~, T~BS B~yFN~i~HN~~BNOa~NaN~
Purch~stflg Dtvt sto~
D~n~on, ~ 7~201 --'----'~--"~~~ . . ........._....