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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 deb fed 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 3/95 deb fed 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~ { ............. ' l l, , , ' ' A ,~ ~..~ i~3~OSe~-8 07/12/1997 07/12/1998 ~ .......... ~$ ,~006~00 I' ~o ~ooo , ~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 --'----'~--"~~~ . . ........._....