23-1417FILE REFERENCE FORM
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ORDINANCENO. 23-1417
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPALCORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONALSERVICES AGREEMENT WITH HALFF ASSOCIATES, INC., FOR PROFESSIONAL DESIGNSERVICES FOR THE HICKORY CREEK REGIONAL TRAIL FOR THE PARKS AND
RECREATION DEPARTMENT AS SET FORTH IN THE CONTRACT; PROVIDING FOR THEEXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFQ7850-006 – PROFESSIONAL SERVICES AGREEMENT FOR DESIGN SERVICES AWARDED
TO HALFF ASSOCIATES, INC., IN THE NOT-TO-EXCEED AMOUNT OF $185,700.OO).
WHEREAS, on February 1, 2022, the City Council approved a pre-qualified professional
services list of state certified firms to provide landscape architectural services as needed for projects
for the Parks and Recreation Department (Ordinance 22- 192), and the professional services provider
(the “Provider”) mentioned in this ordinance is being selected as the most highly qualified on the
basis of its demonstrated competence and qualifications to perform the proposed professional
services; and
WHEREAS, this procurement was undertaken as part of the City’s governmental function;
and
WHEREAS, the fees under the proposed contract are fair and reasonable and are consistent
with, and not higher than, the recommended practices and fees published by the professional
associations applicable to the Provider’s profession, and such fees do not exceed the maximum
provided by law; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDArNS:
SECTION 1. The City Manager, or their designee, is hereby authorized to enter into an
agreement with Halff Associates, Inc., to provide professional design services for the City of Denton,
a copy of which is attached hereto and incorporated by reference herein.
SECTION 2. The City Manager, or their designee, is authorized to expend funds as required
by the attached contract.
SECTION 3. The City Council of the City of Denton, hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of
Denton under this ordinance to the City Manager of the City of Denton, or their designee.
SECTION 4. The findings in the preamble of this ordinance are incorporated herein byreference.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval
The motion to approve this ordinance was made by B, :b- bcc Ic and
secondedby R f /- - aDA a~use Hr at ( . This ordinance waspassedandapproved by the
following vote Lz - 1]:
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck. District 2:
Paul Meltzer. District 3 :
Joe Holland. District 4:
Brandon Chase McGee, At Large Place 5:
Chris Watts, At Large Place 6:
J
L/
/
./
./
,/
y
PASSED AND APPROVED thi,th, i 51 d,y ,f R p<.sI , 2023
a=Miblii7smraA–Y–M
ATTEST:
JESUS SALAZAR, CITY SECRETARY b\\\It Fly III
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Digitally signed by MaKella LunnDN: cn=Marcella Lunn, o,
BY: WI,u'cM
:=fe?T6;;g7.14 13:59:17 -05'oo'
A L&k+ = =r=S ::: r!IT rJ runS n 11g) c i t yo fd e n ta)
DocuSign Envelope ID: D6EDC42C-8E594283-9266-BF22D9C78389
DENTON
Docusign City Council Transmittal Coversheet
7850-006
File Name I Hickory Creek Regiona1 Tra11
Purchasing Contact E 'i'; G ’“i’
City Council Target Date AUGUST 1 ’ 2023
Piggy Back Option
Contract Expiration
Ordinance
r OF\
Not App1 lcab1 e
N/A
23- 1417
DocuSign Envelope ID: D6EDO+2C-8E59=1283-9266-BF22D9C78389
STANDARD AGREEMENT FOR LANDSCAPE ARCHITECTURAL RELATEDPROFESSIONAL SERVICES
This AGREEMENT is between the City of Denton, a Texas home-rule municipality
("CITY"), and Halff Associates Inc. with its corporate office at 1201 North Bowser Road,Richardson, TX 75081 and authorized to do business in Texas, ("LANDSCAPE
ARCHITECT"), for a PROJECT generally described as: Hickory Creek Regional Plan (the"PROJECT").
SECTION 1
Scope of Services
A. The CITY hereby agrees to retain the LANDSCAPE ARCHITECT, and the
LANDSCAPE ARCHITECT hereby agrees to perform, professional architecturalservices set forth in the CITY’s Scope of Services attached hereto as Attachment Aand the LANDSCAPE ARCHITECT’s proposal attached hereto as Attachment A.These services shall be performed in connection with the PROJECT.
B. Additional services, if any, will be requested in writing by the CITY. CITY shall not
pay for any work performed by LANDSCAPE ARCHITECT or its consultants,subcontractors and/or suppliers that has not been ordered in advance and in writing.It is specifically agreed that LANDSCAPE ARCHITECT shall not be compensated for
any additional work resulting from oral orders of any person.
SECTION 2
Compensation and Term of Agreement
A. The LANDSCAPE ARCHITECT shall be compensated for all services provided
pursuant to this AGREEMENT in an amount not to exceed $185,700 in the manner
and in accordance with the fee schedule as set forth in Attachment B. Payment shallbe considered full compensation for all labor, materials, supplies, and equipmentnecessary to complete the services described in Attachment A.
B. Unless otherwise terminated pursuant to Section 6. D. herein, this AGREEMENT shallbe for a term beginning upon the effective date, as described below, and shall continuefor a period which may reasonably be required for the completion of the PROJECT,
until the expiration of the funds, or completion of the PROJECT and acceptance by the
CITY, whichever occurs first. LANDSCAPE ARCHITECT shall proceed diligently withthe PROJECT to completion as described in the PROJECT schedule as set forth inAttachment B.
SECTION 3
Terms of Payment
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Payments to the LANDSCAPE ARCHITECT will be made as follows:
A. Invoice and Payment
(1) The Landscape Architect shall provide the City sufficient documentation,
including but not limited to meeting the requirements set forth in the PROJECTschedule as set forth in Attachment B to reasonably substantiate the invoices,
(2) The LANDSCAPE ARCHITECT will issue monthly invoices for all work
performed under this AGREEMENT. Invoices for the uncontested performance
of the particular services are due and payable within 30 days of receipt by City.
(3) Upon completion of services enumerated in Section 1, the final payment of anybalance for the uncontested performance of the services will be due within 30days of receipt of the final invoice.
(4) in the event of a disputed or contested billing, only that portion so contested willbe withheld from payment, and the undisputed portion will be paid. The CITY
will exercise reasonableness in contesting any bill or portion thereof. No
interest will accrue on any contested portion of the billing until mutually resolved.
(5) if the CITY fails to make payment in full to LANDSCAPE ARCHITECT forbillings contested in good faith within 60 days of the amount due, theLANDSCAPE ARCHITECT may, after giving 7 days' written notice to CITY,
suspend services under this AGREEMENT until paid in full. In the event ofsuspension of services, the LANDSCAPE ARCHITECT shall have no liability to
CITY for delays or damages caused the CITY because of such suspension ofservices
SECTION 4
Obligations of the LANDSCAPE ARCHITECT
A. General
The LANDSCAPE ARCHITECT will serve as the CITY's professional architectrepresentative under this AGREEMENT, providing professional architectural consultation
and advice and furnishing customary services incidental thereto.
B. Standard of Care
The LANDSCAPE ARCHITECT shall perform its services:
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(1) with the professional skill and care ordinarily provided by competent architectspracticing in the same or similar locality and under the same or similar
circumstances and professional license; and
(2) as expeditiously as is prudent considering the ordinary professional skill andcare of a competent architect.
C. Subsurface Investigations
(1) The LANDSCAPE ARCHITECT shall advise the CITY with regard to thenecessity for subcontract work such as special surveys, tests, test borings, or
other subsurface investigations in connection with design and architectural workto be performed hereunder. The LANDSCAPE ARCHITECT shall also advisethe CITY concerning the results of same. Such surveys, tests, andinvestigations shall be furnished by the CITY, unless otherwise specified inAttachment A.
(2) in soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test points andsample intervals and at locations other than where observations, exploration,and investigations have been made. Because of the inherent uncertainties in
subsurface evaluations, changed or unanticipated underground conditions mayoccur that could affect the total PROJECT cost and/or execution. These
conditions and cost/execution effects are not the responsibility of theLANDSCAPE ARCHITECT.
D. Preparation of Architectural Drawings
The LANDSCAPE ARCHITECT will provide to the CITY the original drawings of all plansin ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwiseapproved by CITY, which shall become the property of the CITY. CITY may use suchdrawings in any manner it desires; provided, however, that the LANDSCAPE ARCHITECTshall not be liable for the use of such drawings for any project other than the PROJECTdescribed herein.
E. Architect's Personnel at Construction Site
(1) The presence or duties of the LANDSCAPE ARCHITECT 's personnel at aconstruction site, whether as on-site representatives or otherwise, do not make
the LANDSCAPE ARCHITECT or its personnel in any way responsible for thoseduties that belong to the CITY and/or the CITY's construction contractors or
other entities, and do not relieve the construction contractors or any other entityof their obligations, duties, and responsibilities, including, but not limited to, allconstruction methods, means, techniques, sequences, and procedures
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necessary for coordinating and completing all portions of the construction workin accordance with the AGREEMENT Documents and any health or safetyprecautions required by such construction work. The LANDSCAPE
ARCHITECT and its personnel have no authority to exercise any control overany construction contractor or other entity or their employees in connection withtheir work or any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth inAttachment A, the LANDSCAPE ARCHITECT or its personnel shall have no
obligation or responsibility to visit the construction site to become familiar with
the progress or quality of the completed work on the PROJECT or to determine,general, if the work on the PROJECT is being performed in a mannerin
indicating that the PROJECT, when completed, will be in accordance with theAGREEMENT Documents, nor shall anything in the AGREEMENT Documentsthis AGREEMENT between CITY and LANDSCAPE ARCHITECT beor
construed as requiring LANDSCAPE ARCHITECT to make exhaustive or
continuous on-site inspections to discover latent defects in the work or
otherwise check the quality or quantity of the work on the PROJECT. If the
LANDSCAPE ARCHITECT makes on-site observation(s) of a deviation from theAGREEMENT Documents, the LANDSCAPE ARCHITECT shall inform theCITY
(3) When professional certification of performance or characteristics of materials,systems or equipment is reasonably required to perform the services set forth in
the Scope of Services, the LANDSCAPE ARCHITECT shall be entitled to relyupon such certification to establish materials, systems or equipment and
performance criteria to be required in the AGREEMENT Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The LANDSCAPE ARCHITECT shall provide opinions of probable costs basedon the current available information at the time of preparation, in accordancewith Attachment A.
(2) in providing opinions of cost, financial analyses, economic feasibility projections,and schedules for the PROJECT, the LANDSCAPE ARCHITECT has no control
over cost or price of labor and materials; unknown or latent conditions of
existing equipment or structures that may affect operation or maintenancecosts; competitive bidding procedures and market conditions; time or quality ofperformance by third parties; quality, type, management, or direction of
or
operating personnel; and other economic and operational factors that maymaterially affect the ultimate PROJECT cost or schedule. Therefore, the
LANDSCAPE ARCHITECT makes no warranty that the CITY's actualPROJECT costs, financial aspects, economic feasibility, or schedules will not
vary from the LANDSCAPE ARCHITECT 's opinions, analyses, projections
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estimates.
G. Construction Progress Payments
Recommendations by the LANDSCAPE ARCHITECT to the CITY for periodic constructionprogress payments to the construction contractor will be based on the LANDSCAPE
ARCHITECT 's knowledge, information, and belief from selective sampling andobservation that the work has progressed to the point indicated. Such recommendationsdo not represent that continuous or detailed examinations have been made by the
LANDSCAPE ARCHITECT to ascertain that the construction contractor has completed thework in exact accordance with the AGREEMENT Documents; that the final work will be
acceptable in all respects; that the LANDSCAPE ARCHITECT has made an examination
to ascertain how or for what purpose the construction contractor has used the moneyspaid; that title to any of the work, materials, or equipment has passed to the CITY free andclear of liens, claims, security interests, or encumbrances; or that there are not othermatters at issue between the CITY and the construction contractor that affect the amount
that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information compiled
and furnished by others, and may not always represent the exact location, type of variouscomponents, or exact manner in which the PROJECT was finally constructed. The
LANDSCAPE ARCHITECT is not responsible for any errors or omissions in the
information from others that is incorporated into the record drawings.
1.Right to Audit
(1) LANDSCAPE ARCHITECT agrees that the CITY shall, until the expiration of
five (5) years after final payment under this AGREEMENT, have access to andthe right to examine and photocopy any directly pertinent books, documents,
papers and records of the LANDSCAPE ARCHITECT involving transactions
relating to this AGREEMENT. LANDSCAPE ARCHITECT agrees that the CITY
shall have access during normal working hours to all necessary LANDSCAPEARCHITECT facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of thissection. The CITY shall give LANDSCAPE ARCHITECT reasonable advancenotice of intended audits.
(2) LANDSCAPE ARCHITECT further agrees to include in all its subconsultantagreements hereunder a provision to the effect that the subconsultant agreesthat the CITY shall, until the expiration of five (5) years after final payment
under the subcontract, have access to and the right to examine and photocopyany directly pertinent books, documents, papers and records of suchsubconsultant, involving transactions to the subcontract, and further, that the
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CITY shall have access during normal working hours to all subconsultantfacilities, and shall be provided adequate and appropriate work space, in order
to conduct audits in compliance with the provisions of this section together withsubsection (3) hereof. CITY shall give subconsultant reasonable advance noticeof intended audits.
(3) LANDSCAPE ARCHITECT and subconsultant agree to photocopy suchdocuments as may be requested by the CITY. The CITY agrees to reimburseLANDSCAPE ARCHITECT for the cost of copies at the rate published in the
Texas Administrative Code in effect as of the time copying is performed.
J. INSURANCE
(1) LANDSCAPE ARCHITECT’S INSURANCE
a.Commercial General Liability – the LANDSCAPE ARCHITECT shall
maintain commercial general liability (CGL) and, if necessary,commercial umbrella insurance with a limit of not less than
$1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. Ifsuch Commercial General Liability insurance contains a generalaggregate limit, it shall apply separately to this PROJECT or location.
i.The CITY shall be included as an additional insured with all rights
of defense under the CGL, using ISO additional insuredendorsement or a substitute providing equivalent coverage, and
under the commercial umbrella, if any. This insurance shall applyas primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. The Commercial
General Liability insurance policy shall have no exclusions or
endorsements that would alter or nullify: premises/operations,products/completed operations, contractual, personal injury, or
advertising injury, which are normally contained within the policy,unless the CITY specifically approves such exclusions in writing.
11.LANDSCAPE ARCHITECT waives all rights against the CITY andits agents, officers, directors and employees for recovery ofdamages to the extent these damages are covered by thecommercial general liability or commercial umbrella liabilityinsurance maintained in accordance with this AGREEMENT.
b.Business Auto – the LANDSCAPE ARCHITECT shall maintain business
auto liability and, if necessary, commercial umbrella liability insurancewith a limit of not less than $1,000,000 each accident. Such insuranceshall cover liability arising out of “any auto”, including owned, hired, andnon-owned autos, when said vehicle is used in the course of the
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PROJECT. If the architect owns no vehicles, coverage for hired or non-
owned is acceptable.
1.LANDSCAPE ARCHITECT waives all rights against the CITY and
its agents, officers, directors and employees for recovery ofdamages to the extent these damages are covered by the
business auto liability or commercial umbrella liability insuranceobtained by LANDSCAPE ARCHITECT pursuant to thisAGREEMENT or under any applicable auto physical damagecoverage.
C.Workers’ Compensation – LANDSCAPE ARCHITECT shall maintainworkers compensation and employers liability insurance and, if
necessary, commercial umbrella liability insurance with a limit of not lessthan $100,000.00 each accident for bodily injury by accident or$100,000.00 each employee for bodily injury by disease, with$500,000.00 policy limit.
1.LANDSCAPE ARCHITECT waives all rights against the CITY andits agents, officers, directors and employees for recovery ofdamages to the extent these damages are covered by workers
compensation and employer’s liability or commercial umbrellainsurance obtained by LANDSCAPE ARCHITECT pursuant tothis AGREEMENT.
d.Professional Liability – LANDSCAPE ARCHITECT shall maintainprofessional liability, a claims-made policy, with a minimum of
$1,000,000.00 per claim and aggregate. The policy shall contain aretroactive date prior to the date of the AGREEMENT or the first date ofservices to be performed, whichever is earlier. Coverage shall bemaintained for a period of 5 years following the completion of theAGREEMENT. An annual certificate of insurance specifically referencing
this PROJECT shall be submitted to the CITY for each year followingcompletion of the AGREEMENT.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the LANDSCAPE ARCHITECThas obtained all required insurance shall be attached to this
AGREEMENT prior to its execution.
b. Applicable policies shall be endorsed to name the CITY an AdditionalInsured thereon, subject to any defense provided by the policy, as its
interests may appear. The term CITY shall include its employees,officers, officials, agents, and volunteers as respects the contracted
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services .
c. Certificate(s) of insurance shall document that insurance coveragespecified in this AGREEMENT are provided under applicable policiesdocumented thereon.
d. Any failure on part of the CITY to attach the required insurancedocumentation hereto shall not constitute a waiver of the insurance
requirements.
e.A minimum of thirty (30) days notice of cancellation or material change incoverage shall be provided to the CITY. A ten (10) days notice shall beacceptable in the event of non-payment of premium. Notice shall be sentto the respective Department Director (by name), City of Denton, 901Texas Street, Denton, Texas 76209.
f. Insurers for all policies must be authorized to do business in the State ofTexas and have a minimum rating of A:V or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strengthand solvency to the satisfaction of Risk Management.
g.Any deductible or self insured retention in excess of $250,000.00 that
would change or alter the requirements herein is subject to approval bythe CITY in writing, if coverage is not provided on a first-dollar basis. The
CITY, at it sole discretion, may consent to alternative coveragemaintained through insurance pools or risk retention groups. Dedicatedfinancial resources or letters of credit may also be acceptable to theCITY
h. Applicable policies shall each be endorsed with a waiver of subrogationin favor of the CITY as respects the PROJECT.
1.The CITY shall be entitled, upon its request and without incurringexpense, to review the LANDSCAPE ARCHITECT 's insurance policiesincluding endorsements thereto and, at the CITY’s discretion; theLANDSCAPE ARCHITECT may be required to provide proof ofinsurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on aclaims-made basis. shall contain a retroactive date coincident with or
prior to the date of the AGREEMENT. The certificate of insurance shallstate both the retroactive date and that the coverage is claims-made.
k. Coverages, whether written on an occurrence or claims-made basis,shall be maintained without interruption nor restrictive modification or
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changes from date of commencement of the PROJECT until final
payment and termination of any coverage required to be maintained afterfinal payments.
1.The CITY shall not be responsible for the direct payment of any
insurance premiums required by this AGREEMENT.
m. Sub consultants and subcontractors to/of the LANDSCAPE ARCHITECT
shall be required by the LANDSCAPE ARCHITECT to maintain the sameor reasonably equivalent insurance coverage as required for theLANDSCAPE ARCHITECT. When sub consultants/subcontractors
maintain insurance coverage, LANDSCAPE ARCHITECT shall provideCITY with documentation thereof on a certificate of insurance.
K. Independent Consultant
The LANDSCAPE ARCHITECT agrees to perform all services as an independentconsultant and not as a subcontractor, agent, or employee of the CITY. The doctrine ofrespondeat superior shall not apply.
L. Disclosure
The LANDSCAPE ARCHITECT acknowledges to the CITY that it has made full disclosure
in writing of any existing conflicts of interest or potential conflicts of interest, includingpersonal financial interest, direct or indirect, in property abutting the proposed PROJECTand business relationships with abutting property cities. The LANDSCAPE ARCHITECT
further acknowledges that it will make disclosure in writing of any conflicts of interest thatdevelop subsequent to the signing of this AGREEMENT and prior to final payment underthe AGREEMENT.
M. Asbestos or Hazardous Substances
(1) if asbestos or hazardous substances in any form are encountered or suspected,the LANDSCAPE ARCHITECT will stop its own work in the affected portions of
the PROJECT to permit testing and evaluation.
(2) if asbestos or other hazardous substances are suspected, the CITY mayrequest the LANDSCAPE ARCHITECT to assist in obtaining the services of aqualified subcontractor to manage the remediation activities of the PROJECT.
N. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published designcriteria and/or current architectural practice standards which the LANDSCAPEARCHITECT should have been aware of at the time this AGREEMENT was executed, the
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LANDSCAPE ARCHITECT shall revise plans and specifications, as required, at its owncost and expense. However, if design changes are required due to the changes in the
permitting authorities' published design criteria and/or practice standards criteria which are
published after the date of this AGREEMENT which the LANDSCAPE ARCHITECT could
not have been reasonably aware of, the LANDSCAPE ARCHITECT shall notify the CITYof such changes and an adjustment in compensation will be made through an amendmentto this AGREEMENT.
O. Schedule
LANDSCAPE ARCHITECT shall manage the PROJECT in accordance with the scheduledeveloped per Attachment B to this AGREEMENT.
P. Equal Opportunity
(1) Equal Employment Opportunity: LANDSCAPE ARCHITECT andLANDSCAPE ARCHITECT’s agents shall engage in any discriminatoryemployment practice. No person shall, on the grounds of race, sex, sexualorientation, age, disability, creed, color, genetic testing, or national origin, be
refused the benefits of, or be otherwise subjected to discrimination under anyactivities resulting from this AGREEMENT.
(2) Americans with Disabilities Act (ADA) Compliance: LANDSCAPE
ARCHITECT and LANDSCAPE ARCHITECT’s agents shall not engage in anydiscriminatory employment practice against individuals with disabilities asdefined in the ADA.
SECTION 5
Obligations of the City
A. City-Furnished Data
LANDSCAPE ARCHITECT may rely upon the accuracy, timeliness, and completeness of
the information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the LANDSCAPE ARCHITECT as requiredfor the LANDSCAPE ARCHITECT 's performance of its services. The CITY will perform,at no cost to the LANDSCAPE ARCHITECT, such tests of equipment, machinery,
pipelines, and other components of the CITY's facilities as may be required in connectionwith the LANDSCAPE ARCHITECT 's services. The CITY will be responsible for all acts of
the CITY's personnel.
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C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, andpay for all advertisements for bids; permits and licenses required by local, state, or federalauthorities; and land, easements, rights-of-way, and access necessary for theLANDSCAPE ARCHITECT 's services or PROJECT construction.
D. Timely Review
The CITY will examine the LANDSCAPE ARCHITECT 's studies, reports, sketches,drawings, specifications, proposals, and other documents; obtain advice of an attorney,insurance counselor, accountant, auditor, bond and financial advisors. and other
consultants as the CITY deems appropriate; and render in writing decisions required bythe CITY in a timely manner in accordance with the PROJECT schedule prepared inaccordance with Attachment B.
E. Prompt Notice
The CITY will give prompt written notice to the LANDSCAPE ARCHITECT whenever CITYobserves or becomes aware of any development that affects the scope or timing of the
LANDSCAPE ARCHITECT 's services or of any defect in the work of the LANDSCAPEARCHITECT or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges LANDSCAPE ARCHITECT will perform part of the work
at CITY's facilities that may contain hazardous materials, including asbestoscontaining materials, or conditions, and that LANDSCAPE ARCHITECT had
no prior role in the generation, treatment, storage, or disposition of suchmaterials. In consideration of the associated risks that may give rise to claimsby third parties or employees of City, City hereby releases LANDSCAPEARCHITECT from any damage or liability related to the presence of suchmaterials.
(2) The release required above shall not apply in the event the discharge, release
or escape of hazardous substances, contaminants, or asbestos is a result ofLANDSCAPE ARCHITECT’s negligence or if LANDSCAPE ARCHITECT bringssuch hazardous substance, contaminant or asbestos onto the PROJECT.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article IV.E.regarding the LANDSCAPE ARCHITECT ’s Personnel at Construction Site, and provisionsproviding for contractor indemnification of the CITY and the LANDSCAPE LANDSCAPE
for contractor's negligence.
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H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain nodirect action against the LANDSCAPE ARCHITECT, its officers,employees, and subcontractors, for any claim arising out of, inconnection with, or resulting from the architectural servicesperformed. Only the CITY will be the beneficiary of anyundertaking by the LANDSCAPE ARCHITECT."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the LANDSCAPE ARCHITECT and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity orperson regarding the PROJECT a provision that such entity or person shallhave no third-party beneficiary rights under this AGREEMENT.
(4) Nothing contained in this Section H. shall be construed as a waiver of any rightthe CITY has to bring a claim against LANDSCAPE ARCHITECT.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structuresassociated with the PROJECT.
(2) The CITY may secure Builders Risk/Installation insurance at the replacementcost value of the PROJECT. The CITY may provide LANDSCAPEARCHITECT a copy of the policy or documentation of such on a certificate ofinsurance .
J. Litigation Assistance
The Scope of Services does not include costs of the LANDSCAPE ARCHITECT forrequired or requested assistance to support, prepare, document, bring, defend, or assist inlitigation undertaken or defended by the CITY. In the event CITY requests such services ofthe LANDSCAPE ARCHITECT, this AGREEMENT shall be amended or a separate
agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services in this
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AGREEMENT. If such changes affect the LANDSCAPE ARCHITECT 's cost of or time
required for performance of the services, an equitable adjustment will be made through an
amendment to this AGREEMENT with appropriate CITY approval.
SECTION 6
General Legal Provisions
A. Authorization to Proceed
LANDSCAPE ARCHITECT shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of theLANDSCAPE ARCHITECT, whether in hard copy or in electronic form, are instruments of
service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or
alteration by the CITY or by others acting through or on behalf of the CITY of any such
instruments of service without the written permission of the LANDSCAPE ARCHITECT willbe at the CITY's sole risk. The CITY shall own the final designs, drawings, specIficationsand documents. The transfer of copyright interest or ownership of Documents shall not
extend to Consultants standard details, standard features of overall design, functional
elements of overall design or individual aspects and components the Consultant hasdeveloped and/or used previously on other projects.
C. Force Majeure
The LANDSCAPE ARCHITECT is not responsible for damages or delay in performancecaused by acts of God, fires, strikes, lockouts, accidents, or other events beyond thecontrol of the LANDSCAPE ARCHITECT that prevent LANDSCAPE ARCHITECT’s
performance of its obligations hereunder.
D. Termination
(1 ) This AGREEMENT may be terminated:
a. by the City for its convenience upon 30 days' written notice toLANDSCAPE ARCHITECT.
b.by either the CITY or the LANDSCAPE ARCHITECT for cause if eitherparty fails substantially to perform through no fault of the other and the
nonperforming party does not commence correction of suchnonperformance within 5 days’ written notice or thereafter fails to
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diligently complete the correction .
(2) if this AGREEMENT is terminated for the convenience of the City, the
LANDSCAPE ARCHITECT will be paid for termination expenses as follows:
a. Cost of reproduction of partial or complete studies, plans, specifications
or other forms of LANDSCAPE ARCHITECT 'S work product;
b. Out-of-pocket expenses for purchasing electronic data files and otherdata storage supplies or services;
c. The time requirements for the LANDSCAPE ARCHITECT 'S personnelto document the work underway at the time of the CITY’S termination for
convenience so that the work effort is suitable for long time storage,
(3) Prior to proceeding with termination services, the LANDSCAPE ARCHITECT
will submit to the CITY an itemized statement of all termination expenses. TheCITY'S approval will be obtained in writing prior to proceeding with terminationservices
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the LANDSCAPE ARCHITECTfor the convenience of the CITY. In the event of such suspension, delay, or interruption,an equitable adjustment in the PROJECT's schedule, commitment and cost of theLANDSCAPE ARCHITECT s personnel and subcontractors, and LANDSCAPEARCHITECT ’s compensation will be made.
F. Indemnification
IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.904.THE LANDSCAPE ARCHITECT SHALL INDEMNIFY OR HOLD HARMLESS THE CITYAGAINST LIABILITY FOR ANY DAMAGE COMMITTED BY THE LANDSCAPEARCHITECT OR LANDSCAPE ARCHITECT’S AGENT. CONSULTANT UNDERCONTRACT, OR ANOTHER ENTITY OVER WHICH THE LANDSCAPE ARCHITECTEXERCISES CONTROL TO THE EXrENT THAT THE DAMAGE IS CAUSED BY ORRESULTING FROM AN ACT OF NEGLIGENCE, INTENTIONAL TORT.INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY ASUBCONTRACTOR OR SUPPLIER. CITY IS ENTITLED TO RECOVER ITSREASONABLE ATTORNEY’S FEES IN PROPORTION TO THE LANDSCAPEARCHITECT’S LIABILITY.
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior written
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consent of the other party.
H. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, itsinterpretation and performance, and any other claims related to it, The venue for any
litigation related to this AGREEMENT shall be Denton County, Texas.
1.Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason to beinvalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceabilitywill not affect any other provision, and this AGREEMENT shall be construed as if such
invalid, illegal, or unenforceable provision had never been contained herein. Sections 5.F.,
6.B., 6.D., 6.F., 6.H., and 6.1. shall survive termination of this AGREEMENT for any cause.
J. Observe and Comply
LANDSCAPE ARCHITECT shall at all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regulations which in any way affect
this AGREEMENT and the work hereunder, and shall observe and comply with applicableexecutive orders which may exist or may be enacted later by governing bodies having
jurisdiction or authority for such enactment. No plea of misunderstanding or ignorancethereof shall be considered. LANDSCAPE ARCHITECT AGREES TO DEFEND.INDEMNIFY AND HOLD HARMLESS CITY AND ALL OF ITS OFFICERS. AGENTSAND EMPLOYEES FROM AND AGAINST CLAIMS OR LIABILITY ARISING OUT OFTHE VIOLATION OF ANY SUCH LAW, ORDINANCE, OR REGULATION, WHETHER ITBE BY ITSELF OR ITS EMPLOYEES.
K. Immigration Nationality Act
LANDSCAPE ARCHITECT shall verify the identity and employment eligibility of itsemployees who perform work under this AGREEMENT, including completing theEmployment Eligibility Verification Form (1-9). Upon request by CITY, LANDSCAPE
ARCHITECT shall provide CITY with copies of all 1-9 forms and supporting eligibilitydocumentation for each employee who performs work under this AGREEMENT.LANDSCAPE ARCHITECT shall adhere to all Federal and State laws as well as
establish appropriate procedures and controls so that no services will be performed byany LANDSCAPE ARCHITECT employee who is not legally eligible to perform suchservices. LANDSCAPE ARCHITECT SHALL INDEMNIFY CITY AND HOLD CITYHARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TOVIOLATIONS OF THIS PARAGRAPH BY LANDSCAPE ARCHITECT. LANDSCAPEARCHITECT’S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES.
CITY, upon written notice to LANDSCAPE ARCHITECT, shall have the right toimmediately terminate this AGREEMENT for violations of this provision by LANDSCAPE
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ARCHITECT.
L. Prohibition On Contracts With Companies Boycotting Israel
LANDSCAPE Architect acknowledges that in accordance with Chapter 2271 of the
Texas Government Code, City is prohibited from entering into a contract with a
company for goods or services unless the contract contains a written verification fromthe company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the
term of the contract. The terms “boycott Israel” and “company” shall have the meaningsascribed to those terms in Section 808.001 of the Texas Government Code. Bysigning this agreement, Landscape ArchItect certifies that Landscape ArchItect ’ssignature provides written verification to the City that Landscape Architect: (1)does not boycott Israel; and (2) will not boycott Israel during the term of the
agreement. Failure to meet or maintain the requirements under this provision will beconsidered a material breach.
M. Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or
a Foreign Terrorist Organization
Sections 2252 and 2270 of the Texas Government Code restricts CITY from contracting
with companies that do business with Iran, Sudan, or a foreign terrorist organization.By signing this agreement, Landscape Architect certifies that LandscapeArchitect’s signature provides written verification to the City that LandscapeArchitect, pursuant to Chapters 2252 and 2270, is not ineligible to enter into thisagreement and will not become ineligible to receive payments under this
agreement by doing business with Iran, Sudan, or a foreign terrorist organization .Failure to meet or maintain the requirements under this provision will be considered amaterial breach.
N. Prohibition on Contracts with Companies Boycotting Certain EnergyCompanies
Landscape Architect acknowledges that in accordance wIth Chapter 2274 of the Texas
Government Code, City is prohibited from entering into a contract with a company forgoods or services unless the contract contains written verification from the companythat it (1) does not boycott energy companies; and (2) will not boycott energy
companies during the term of the contract. The terms “boycott energy company” and“company” shall have the meanings ascribed to those terms in Section 809.001 of theTexas Government Code. By signIng this agreement, Landscape Architectcertifies that Landscape Architect’s signature provides written verification to theCity that Landscape Architect: (1) does not boycott energy companies; and (2)
will not boycott energy companies during the term of the agreement. Failure tomeet or maintain the requirements under this provision wIll be considered a materialbreach
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O. Prohibition on Contracts with Companies Boycotting Certain Firearm Entitiesand Firearm Trade Associations
Landscape Architect acknowledges that in accordance with Chapter 2274 of the Texas
Government Code, City is prohibited from entering into a contract with a company forgoods or services unless the contract contains written verification from the company
that it (1) does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and (2) will not discriminate duringthe term of the contract against a firearm entity or firearm trade association. The terms
“discriminate against a firearm entity or firearm trade association,” “firearm entity” and
“firearm trade association” shall have the meanings ascribed to those terms in Chapter2274 of the Texas Government Code. By signIng this agreement, LandscapeArchitect certifies that Landscape Architect’s signature provides writtenverification to the City that Landscape Architect: (1) does not have a practice,policy, guidance, or directive that discriminates against a firearm entity or firearmtrade association; and (2) will not discriminate during the term of the contractagainst a firearm entity or firearm trade assocIation. Failure to meet or maintain therequirements under this provision will be considered a material breach.
P. Termination Right for Contracts with Companies Doing Business with CertainForeign-Owned Companies
The City of Denton may terminate this Contract immediately without any further liabilityif the City of Denton determines, in its sole judgment, that this Contract meets the
requirements under Chapter 2274, and Engineer is, or will be in the future, (i) owned byor the majority of stock or other ownership interest of the company is held or controlled
by individuals who are citizens of China, Iran, North Korea, Russia, or other designatedcountry (ii) directly controlled by the Government of China, Iran, North Korea, Russia, orother designated country, or (iii) is headquartered in China, Iran, North Korea, Russia,or other designated country.
Q. Certificate of Interested Parties Electronic Filing
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908of the Government Code. The law states that the City may not enter into this contract
unless the Contractor submits a disclosure of interested parties (Form 1295) to the Cityat the time the LANDSCAPE ARCHITECT submits the signed contract. The TexasEthics Commission has adopted rules requiring the business entity to file Form 1295electronically with the Commission.
LANDSCAPE ARCHITECT will be required to furnish a Certificate of Interest Partiesbefore the contract is awarded, in accordance with Government Code 2252.908.
The LANDSCAPE ARCHITECT shall:
1. Log onto the State Ethics Commission Website at :
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https://www.ethics.state.tx.us/filinginfo/1295/
Register utilizing the tutorial provided by the StatePrint a copy of the completed Form 1295Enter the Certificate Number on page 2 of this contract.Complete and sign the Form 1295Email the form to purchasing@cityofdenton.com with the contract number in the
subject line. (EX: Contract 1234 – Form 1295)
2
3
4
5
6.
The City must acknowledge the receipt of the filed Form 1295 not later than the 30thday after Council award. Once a Form 1295 is acknowledged, it will be posted to the
Texas Ethics Commission’s website within seven business days.
R. Agreement Documents
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, which supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. This AGREEMENT may beexecuted in one or more counterparts and each counterpart shall, for all purposes, bedeemed an original, but all such counterparts shall together constitute but one and the
same instrument. The following attachments and schedules are hereby made a part ofthis AGREEMENT:
Attachment A – Scope of ServicesAttachment B – Compensation, Project Schedule, Location Map
These documents make up the AGREEMENT documents and what is called for by oneshall be as binding as if called for by all. In the event of an inconsistency or conflict in
any of the provisions of the AGREEMENT documents, the inconsistency or conflict shallbe resolved by giving precedence first to the written AGREEMENT then to the
AGREEMENT documents in the order in which they are listed above.
The parties agree to transact business electronically. Any statutory requirements that
certain terms be in writing will be satisfied using electronic documents and signing.
Electronic signing of this document will be deemed an original for all legal purposes.
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[2yM1 /9x92cuted by each party’s designated representative to be effective on
BY:
CITY OF DENTON, TEXAS BY:LANDSCAPE ARCHITECT
9£jptes IncPc
& P. hACILalhalb
Sara Hensley, City Manager §LGmldhanan. PLA
Director of Landscape Architecture
Date: 7/12/2023
THIS AGREEMENT HAS BEENBOTH REVIEWED AND APPROVED
as to financial and operational 2023- 1044154
and business termsOcaLan
PaaAh
s6FigeT?g
TEXAS ETHICS COMMISSIONCERTIFICATE NUMBER
Director of Parks and Recreation
Title
Parks and Recreation
Department
7/12/2023Date Signed:
APPROVED AS TO LEGAL FORM:
MACAUIMWND, CITY ATrORNEY
ALar[LLLa IJAMLBy:
ArrEST:
JESUS SALAZAR,INTERIM CITY
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FmU••halff Hickory Creek TrailThe City of DentonApril 26, 2023Page 1
ATTACHMENT ABASIC SCOPE OF SERVICESPLANNING AND TRAIL ALIGNMENT SERVICES FORHICKORY CREEK TRAIL
PURPOSE
Halff Associates, Inc. (CONSULTANT) shall provide Landscape Architecture services for the alignmentstudy for Hickory Creek Trail (PROJECT), for the City of Denton (CLIENT). The purpose of the PROJECTis to determine the feasibility, opportunities/constraints, potential construction costs, and grant/fundingopportunities to extend Hickory Creek Trail, accessing approximately 15 miles of trail that will follow alongHickory Creek from the intersection of Jim Christal Rd and S. Western Blvd. south to Old Alton Rd.
SCOPE
The primary project focus will be an extension of the Hickory Creek Trail (appx. 15 miles). (See Map)
Community engagement will not be conducted by the CONSULTANT in the proposed scope of servicesAND will be performed by the CLIENT. However, coordination and engagement will occur with variousstakeholders, adjacent property owners and agencies. Graphic products will be prepared, with the intentto assist the CLIENT in any community engagement meetings.
The trail design will consist of a minimum 10-ft. wide hard surface shared-use path, with shared-use pathbridge(s), and various at-grade and grade separated roadway, water body and other crossings, consistent
with The American Association of State Highway and Transportation Officials (AASHTO) Guide for theDevelopment of Bicycle Facilities. All new shared-use path bridges are anticipated to be a minimum of14-ft. wide (inside dimension).
Recommended pedestrian and bicycle safety elements such as signals, crossing treatments, lighting, andsignage will be determined for all roadway crossings, as applicable. In addition, for locations alongroadways where an off-street shared-use path is not feasible due to right-of-way constraints and
obstructions not suitable for bike and pedestrian accommodations consistent with AASHTO guidance, theCONSULTANT will examine and determine the most appropriate roadway retrofit necessary toaccommodate dedicated bicycle and pedestrian facilities. Design options for these locations (e.g. roaddiets and/or dedicated one-way or two-way on-street or off-street separated/protected bikeways whichinclude separate pedestrian accommodations and widened sidewalks within the R.O.W.) must beconsistent with AASHTO and/or the Separated Bike Lane Planning and Design Guide, FHWA, May 2015.
The areas of study include the following:
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From the intersection of Jim Christal Rd. south to 35W (Approximately 3.3 Miles)From US 380 south to the northern limits of the Cole Ranch Property (Approximately 3 Miles)
From S. Bonnie Brae St west to future development (Approximately .4 Miles)
From the future development south to Fort Worth Dr. (Approximately 2.2 Miles)From Fort Worth Dr. south to the intersection of Brush Creek Rd. and Country Club Rd.(Approximately 2.6 Miles)
Alternative route west of Country Club Rd. and along Hickory Creek Rd. (Approximately 1 .3 Miles)
From Hickory Creek Rd. south to USACE property limits (Approximately .5 Miles)
From the USACE property limits south to Old Alton Rd. (Approximately 1 .5 Miles)
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ASSUMPTIONS
The scope of services for this proposal has been prepared using the following assumptions as a basis forits preparation :
1. The scope of work herein represents a single, stand-alone project consisting of tasks describedbelow for the trail alignment study, in their entirety, with no removal or separation of tasks for thecompletion of the PROJECT.
2. The PROJECT will follow AASHTO, City-Specific, TPWD, utility, railroad and TxDOT design
requirements as applicable.
3.Trail and railing improvements will meet current accessibility and AASHTO requirements.
4 The PROJECT will begin at US-380 south to Old Alton Rd (See Attachment C).
5. CLIENT, ONCOFq, and other franchise utility providers (facilitated by CLIENT) close to or adjacentto the PROJECT area will provide available existing conditions information and base-map data,
including, but not limited to:
•
•
•
•
•
As-built plans, record drawings, and/or condition assessments for all existing utilities located
close to or adjacent to the PROJECT area.
Current property and easement information.Aerial Data
Existing or previous environmental reporting.
Current FEMA Floodplain Mapping and flood study data.
6. CONSULTANT is not responsible for acquiring Right of Entry (ROE). If required for thecompletion of the PROJECT Tasks, CLIENT shall be responsible for the facilitation andcoordination with all impacted utility franchise and/or private property owners for providing access
and ROE for any necessary data collection, field assessments, and/or site investigations.
7. The CLIENT will be responsible for distributing, coordinating, and facilitating all submittal
milestones/packages to all necessary stakeholders, including correspondence during the
submittal review period(s) and providing CONSULTANT with organizedreviews/comments/feedback from all reviewing entities.
8.In addition to any base map data provided by the CLIENT (as described above), CONSULTANTwill utilize publicly available and CLIENT-provided data (aerial ortho imagery, NCTCOG contours,record drawings, etc.) to supplement PROJECT development, All supplemental information willbe used in the assessment, review, and design of the proposed improvements. Survey servicesfor the PROJECT are excluded.
9. The PROJECT schedule shall be subject to CLIENT review within a maximum of 30 days. Theschedule milestone dates are based on an assumed CLIENT and stakeholder submittal
review period of a maximum of two (02) weeks. Review periods exceeding two (02) weeksmay impact subsequent submittals and milestone dates.
10. Detailed design of trail amenities such as trailheads, wayfinding signage, drinking fountains,seating elements, trash receptacles, bike racks, bike repair air stations, plazas, overlooks, etc.
are excluded in this scope of services.
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11. All meetings described herein will be held at the CONSULTANT’s office or virtually.
CONSULTANT shall notify CLIENT and request additional compensation if additional meetingsare necessary for ongoing coordination and/or the completion of the PROJECT.
12. The PROJECT milestone submittals will only include 30% Schematic Design, excluding anysubsequent milestone submittals beyond 30%.
HEALTH CARE AND SAFETY PROCEDURES
Healthcare and Safety Procedures: Whenever possible, it is Halff Associates’ preference to conduct all
stakeholder meetings in-person. In-person meetings will adhere to all applicable City, County and/or State
policies related to public gatherings and social distancing. All meetings with elected and appointed City
officials and stakeholders can be conducted as digital events at the discretion of the City using Microsoft
Teams, or other digital meeting platform agreed upon by the City and Halff Associates, Inc. Until
otherwise advised by the City or CLIENT, a selected digital meeting platform will also be utilized by HalffAssociates, Inc. at all in-person meetings to provide potential participants with the option to participate
remotely
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TASK 1 – PRE-DESIGN
TASK 1.1 – PROJECT MANAGEMENT AND COMMUNICATION
Project Management Coordination:CONSULTANT will meet internally with Halff staff for coordination and communication of Task 1 for thePROJECT
Communications and Reporting:CONSULTANT will provide monthly reports to the CLIENT that describe current progress, identify
outstanding issues and/or items of future concern.
Coordination/Project Kick-off Meeting :CONSULTANT will attend one (01) virtual or in-person coordination/project kick-off meeting with the
CLIENT and other necessary stakeholders (facilitated by CLIENT) to confirm the goals and objectives ofthe PROJECT. Notes will be taken by the CONSULTANT to record items discussed and decisions made
during this meeting and provided to all attendees.
• Project Kick-Off Meeting – One (01 ) meeting
Deliverables:
Notes will be taken by the CONSULTANT at all meetings to record items discussed and decisionsmade. Deliverables provided by the CONSULTANT shall include the following:
• One (01) Digital PDF copy of the Project Kick-Off meeting notes.
• One (01) Digital PDF copies of the monthly progress reports.
TASK 1.2 - DATA COLLECTION AND BASE MAP PREPARATION
Site Investigation/Preliminary Field Review:
CONSULTANT will initiate, schedule, and participate with one (01) Site Investigation/Preliminary FieldReview meeting with the CLIENT of the PROJECT area. The field review is necessary to gain an
understanding of possible design modifications to the trail alignment shown in Attachment C and toidentify key opportunities and constraints. The site investigation will also include the gathering andevaluation of relevant information related to the topography of the site, utilities, vegetated areas,
neighborhood impacts, drainage, and impacts to existing conditions.
• Field Review– One (01) site visit over one day
Data Collection / Base Map Preparation:The CLIENT will provide to the CONSULTANT available data relevant to the PROJECT. With theassistance from the CLIENT, CONSULTANT will collect the following available data as necessary to
develop trail the concept design. CONSULTANT will prepare a project base map for the trail corridorutilizing the CONSULTANT’s, CLIENT’s, and other Stakeholder's gathered relevant project data. At aminimum, data will include the following information:
•
•
•
Google Earth and/or Near Map aerial photography and mapping
NCTCOG Regional Data, Existing photometric (LIDAR) topographic contours (2-foot contourinterval), and other information (as available)FEMA Flood Boundary Maps and Flood Insurance Studies (locations of FEMA 100-year
floodplain and floodway)
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•
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Existing and adopted land use maps and plans (if applicable)
Local comprehensive and thoroughfare plans (if applicable)
Utility (as-builts and/or record drawings) data including underground/at-grade/overhead,location, type, size, owner name and contact information
TCAD property information as well as Property Lines, Easements, ROW Limits, and otherinformation (as available)
Existing aerial photography and survey information from the City of Denton
Previously prepared drainage studies (if applicable)
Development Site Plans (if applicable)Local comprehensive and thoroughfare plans (if applicable)
Wetland Locations (if applicable)
Deliverables:
Notes will be taken by the CONSULTANT at all meetings to record items discussed and decisionsmade. Deliverables provided by the CONSULTANT shall include the following:
• One (01) Digital PDF copy of the Site Investigation/Preliminary Field Review meetingnotes
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TASK 2 H&H ANALYSIS
TASK 2.1 – PROJECT MANAGEMENT AND COMMUNICATION (CONT.)
Project Management Coordination:CONSULTANT will meet internally with Halff staff for coordination and communication of Task 2 for thePROJECT
TASK 2.2 – DATA COLLECTION AND TERRAIN GENERATION
Data Collection and Analysis:
CONSULTANT will perform the following tasks related to data collection and terrain generation:
•Collect and evaluate the FEMA effective hydrologic and hydraulic models for Hickory Creek,Dry Fork of Hickory Creek, and Stream DF-2 through the project area. CONSULTANT willobtain the approved model's cross sections, topographical survey and centerline shapefiles
along with the proposed trail alignment.
Attend up to one (01 ) site visit to assess existing conditions.Prepare GIS basemap.
Prepare the existing terrain file using best available topography. The topography will include2009/2010 TNRIS LiDAR if more recent topography is not available.
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TASK 2.3 – HYDROLOGIC AND HYDRAULIC ANALYSIS
Pre-Project Hydrologic and Hydraulic Analysis:The following steps will be conducted during the analysis to determine existing water surface profiles for
all modeled frequency storm events and assess potential floodplain and floodway impacts.
•Establish duplicate effective conditions utilizing FEMA Effective models for Hickory Creek,Dry Fork of Hickory Creek, and Stream DF-2:
In addition to the standard FEMA modeled storm frequencies (10-, 50-, 100-, and
500-year events), compute 1-, 2-, 5-, and 25-year discharges using the FEMA
a
effective hydrologic model. The rainfall depth source will remain consistent with those
in the effective model This analysis does not include hydrologic model conversioninto HEC-HMS or any additional hydrologic modifications, improvements, ormodeling.b. Convert the effective hydraulic model into HEC-RAS version 6.2 and insert 1-, 2-, 5-,
and 25-year discharges into the model. Only minor modifications will be performed toproperly execute duplicate effective HEC-RAS model. Additional cross sections,
cross section realignment, structures, or geometric modifications are excluded fromthis scope.Execute duplicate effective model to compute the 1-, 2-, 5-, 10-, 25-, and 100-yearC
water surface profiles and velocities,Perform QAQC.d
• This scope does not include modifying encroachment stations to re-establish floodway limitsto meet FEMA standards of no more than one (1 ) foot of water surface elevation increase in
the Base Flood Elevation (100-year). The established floodway will be clipped into the
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updated 100-year mapping. The floodway boundary will supersede that of the updated 100-
year floodplain where conflicts arise.
If the County or FEMA are unable to provide working hydrologic or hydraulic data, FEMABase Level Engineering (BLE) modeling, developed as part of the NCTCOG FY16 East ForkDiscovery BLE project, along with regional regression hydrologic calculations, will be utilized .
•
TASK 2.4 – FLOODPLAIN MAPPING
Pre-Project Floodplain Mapping:CONSULTANT will map the pre-project 1-, 2-, 5-, 10-, 25-, and 100-year floodplains using best availabletopography through the project area to include in the letter report, as necessary.
Deliverables:
Deliverables provided by the CONSULTANT shall include the following:
•One (01) Digital PDF copy of a letter report documenting findings andrecommendations, including a summary of the hydraulic considerations, issues, andapproval processes, for consideration of the City of Denton’s floodplain development
permit as part of future design phases. Develop a floodplain work-map exhibit. Thesubmittal will include a digital printout of the models’ input and output files and themodels will be available digitally in a CD or flash drive provided with the report.
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TASK 3 – ENVIRONMENTAL ANALYSIS
TASK 3.1 – PROJECT MANAGEMENT AND COMMUNICATION (CONT.)
Project Management Coordination:CONSULTANT will meet internally with Halff staff for coordination and communication of Task 3 for thePROJECT
TASK 3.2 - DATA COLLECTION AND ANALYSIS
Data Collection and Analysis:CONSULTANT will perform the following review tasks related to environmental, historic, and culturalresources
• Catalog existing environmental constraints with publicly accessible data.
• Generate analysis maps illustrating vegetation, wetland delineation, flood plain and flood wayelevations, property ownership and easements, land uses, roadways, sidewalks, bicycle
facilities, schools, community facilities based on desktop review.
TASK 3.3 - TECHNICAL REPORT
Technical Report:CONSULTANT will prepare a technical report summarizing the impacts of the trail alignment. The report
will include the following:
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•
•
Waters of the U.S. including wetlandsAir QualityCultural Resources
Community Impacts
Biological ResourcesWater Resources
Historic Resources
Hazardous Materials
Traffic Noise
Section 4(D
Parks and Wildlife Code, Chapter 26
Natural Resources Code, Chapter 183Public Involvement
Deliverables:
Deliverables provided by the CONSULTANT shall include the following:
• One (01) Digital PDF copy of a technical report summarizing environmentalconsiderations and issues and probable TxDOT environmental approval processesand requirements,
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FFFIU••halff Hickory Creek TrailThe City of DentonApril 26, 2023Page 10
TASK 4 – TRAIL ALIGNMENT FEASIBILITY
TASK 4.1 – PROJECT MANAGEMENT AND COMMUNICATION (CONT.)
Project Management Coordination:
CONSULTANT will meet internally with HalfF staff for coordination and communication of Task 4 for thePROJECT
Communications and Reporting:CONSULTANT will provide monthly reports to the CLIENT that describe current progress, identifyoutstanding issues and/or items of future concern.
Agency/Stakeholder Coordination Meetings:CONSULTANT will engage, facilitate, and schedule Agency/Stakeholder Coordination Meetings with theCLIENT and other stakeholders. The number of Agency/Stakeholder Coordination Meetings shallnot exceed seven (07). Meeting objectives will include preliminary design discussions with generalquestion and answer. Anticipated stakeholders include:
• City of Denton (Parks, Engineering, Transportation, Emergency, etc.) – Two (02) meetings
• United States Corps of Engineers (USACE) – Two (02) meetings• Railroad – One (01) meeting
• Council/Parks Board – Two (02) meetings
TASK 4.2 - TRAIL ALIGNMENT FEASIBILITY STUDY
Preliminary Trail Alignment Feasibility Study:Based on the input from the CLIENT and stakeholders from the field review and data collection efforts,
the CONSULTANT will develop a preliminary trail alignment for the PROJECT, including typical sectionsand corridor options, considering the parameters specified in the project's purpose statement. The
CONSULTANT shall identify a trail alignment that will minimize adverse impacts, major utility conflicts,
structural impediments, private property impacts, and will be mindful of construction cost impacts. Duringthe development of the preliminary alignment, CONSULTANT will work with CLIENT and stakeholders to
prepare a preliminary planning-level assessment to identify opportunities for signature amenity locations
for the PROJECT including, but not limited to, trail head opportunities, landscaping, bike repair airstations, trash receptacles, seating, drinking fountains, kiosks, wayfinding signage, artwork, and
canoe/kayak put-in/takeout. The CLIENT shall be responsible for facilitating, gathering, and submitting allfeedback to CONSULTANT for developing alternative trail alignments and/or the final trail alignment.
Alternative Trail Alignment Feasibility Study:
As necessary based on feedback from the CLIENT, CONSULTANT shall prepare no more than two (02)
alternative alignments to the Preliminary Trail Alignment Feasibility beyond the project limits defined
project Scope section. Alternative alignments will be considered if the preliminary trail alignment andcrossing location(s) are determined not feasible for PROJECT implementation. The CONSULTANT willprovide the CLIENT and stakeholders with alternative alignment(s) evaluations based on their ability tomeet the project purpose and goals and ease of implementation. The development of additional trail
alignment alternatives will result in additional services.
Final Trail Alignment Development:
Based on the input from the CLIENT and stakeholders from the Preliminary and/or Alternative TrailAlignment Feasibility Studies, the CONSULTANT will develop a final trail alignment for the PROJECT,including typical sections and corridor options, considering the parameters specified in the project’s
purpose statement. The CONSULTANT shall identify a trail alignment that will minimize adverse impacts,
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FFHU••halff Hickory Creek TrailThe City of DentonApril 26, 2023Page 11
major utility conflicts, structural impediments, private property impacts, and will be mindful of constructioncost impacts. During the development of the final alignment, CONSULTANT will work with CLIENT and
stakeholders to prepare a final planning-level assessment to identify opportunities for signature amenitylocations for the PROJECT including, but not limited to, trail head opportunities, landscaping, bike repairair stations, trash receptacles, seating, drinking fountains, kiosks, wayfinding signage, artwork, andcanoe/kayak put-in/takeout. CONSULTANT shall provide one (01 ) summary report of the final trailalignment, describing opportunities and constraints for the PROJECT.
CONSULTANT’s Alignment Study plans shall be Roll Plot Sheets (maximum sheet size of 36-inch-Wide x
108-inch-Long), formatted with black and white line work and a screened-back black and white (gray-tone) aerial photo background with a minimum scale of the horizontal alignment of 1 ” = 40’-0”.
Once the CLIENT and Stakeholders have approved a Preferred Trail Extension Alignment, the
CONSULTANT will proceed with Schematic Design Plans (ref. Task 5).
Subsequent Submittal Milestone Preparation:
CONSULTANT will review and incorporate all applicable review comments and feedback received duringthe development of the Final Trail Alignment into the preparation of the subsequent submittal milestones
described below under Task 5. All Scope of Services for Task 5 will not begin until the CLIENT hasprovided CONSULTANT with a formal Notice to Proceed (NTP) confirming the acceptance of thepreferred trail alignment and design as a result of completing Tasks 1, 2, 3, and 4.
Deliverables:
Deliverables provided by the CONSULTANT shall include the following:
•
•
•
One (01) Digital PDF copy of the final trail alignment, planning-assessment, typicalsections, and summary report.
Three (03) hard copies of the final trail alignment, planning-assessment, typicalsections, and summary report (upon request)
One (01) Digital PDF copy of meeting notes.
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FFFIU••halff Hickory Creek TrailThe City of DentonApril 26, 2023Page 12
TASK 5 30% SCHEMATIC DESIGN
TASK 5.1 – PROJECT MANAGEMENT AND COMMUNICATION (CONT.)
Project Management Coordination:
CONSULTANT will meet internally with Halff staff for coordination and communication of Task 5 for thePROJECT
Communications and Reporting:
CONSULTANT will provide monthly reports to the CLIENT that describe current progress, identifyoutstanding issues and/or items of future concern.
Agency/Stakeholder Coordination Meetings:
CONSULTANT will engage, facilitate, and schedule Agency/Stakeholder Coordination Meetings with theCLIENT and other stakeholders. The number of Agency/Stakeholder Coordination Meetings shall
not exceed two (02). Meeting objectives will include preliminary design discussions with general questionand answer. Anticipated stakeholders include:
•City of Denton (Parks, Engineering, Transportation, Emergency, etc.) – One (01 ) meeting
Drawing Deliverable Review/Comment Resolution Meetings:After each submittal milestone has been delivered to the CLIENT. CONSULTANT will schedule and
conduct Drawing Deliverable Review/Comment Resolution Meetings with the CLIENT to discuss submittalreview comments related to the PROJECT at the submittal milestones identified below. The number of
Drawing Deliverable Review/Comment Resolution Meetings shall not exceed one (01). Meetingobjectives will include concept design feedback, comment review discussions, and subsequent submittalexpectations, with general question and answer. The submittal milestones are as follows:
• 30% Schematic Design – One (01) meeting
Deliverables:
Notes will be taken by the CONSULTANT at all meetings to record items discussed and decisions
made. Deliverables provided by the CONSULTANT shall include the following:
• One (01) Digital PDF copy of meeting notes.
• One (01) Digital PDF copy of the monthly progress report.
TASK 5.2 – 30% SCHEMATIC DESIGN
30% Schematic Design:
Based on the input gathered from the kickoff meeting, stakeholder meetings, and site investigation, andtrail alignment development the CONSULTANT will prepare one (01) 30% Schematic Design that helpscommunicate the intent and vision of the PROJECT. The Schematic Design shall include the layout ofproposed improvements including the trail horizontal alignment along with typical sections to demonstrate
compliance with applicable federal, state, and local/stakeholder codes, standards, and requirements. TheCONSULTANT will identify any locations where exceptions to the established design standards may benecessary
Horizontal Alignments:
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IFFIH••halff Hickory Creek TrailThe City of DentonApril 26, 2023Page 13
The CONSULTANT will develop one (01) horizontal alignment plan view for the schematic trail design,including existing site features within the PROJECT area and roadway crossing locations. The design anddevelopment of vertical profiles is excluded. All base-map information and data will be used for the
development of the horizontal alignment. As available either through public records and/or provided bythe CLIENT, the plan-view will identify existing property lines, existing easements, existing topography,sidewalks, public and franchise utilities, and the recommended trail alignment.
Trail Design Improvements:
The CONSULTANT will include the following information for the 30% Schematic Design:
•
•
•
•
•
•
•
Approximate location and quantity of trail pavement.Approximate location and quantity of utility crossings.
Approximate location of known and proposed utilities and/or drainage modifications.
Approximate location and quantity of roadway crossings and appurtenances.Approximate location and lengths of proposed water body crossings.
Approximate location and lengths of proposed retaining walls
Approximate location and quantity of proposed amenities per the planning-level assessment
The 30% Schematic Design shall include the anticipated improvements identified in the PROJECT's
Scope and Assumptions sections. Design for all improvements shall follow current CLIENT standards,supplemented with NCTCOG, TPWD, Railroad and TxDOT standards where necessary. PROJECT willfollow AASHTO design guidelines for bicycle facilities, unless directed otherwise by the CLIENT. Inaddition to the anticipated improvements described above, CONSULTANT’s 30% Schematic Design
plans shall also contain the following base information:
•
•
•
•
Project name; and if applicable, the street address, and lot and block description.Date, scale, north arrow, and the name of the Licensed Professional preparing the plan.Location of existing property lines and/or ROW limits.
Approximate centerlines of existing water courses and the location of the floodplain; the
approximate location of significant drainage features; and the location of existing parking lots,streets, driveways, and sidewalks on or adjacent to the PROJECT.
Approximate location of known overhead lines, subsurface utility lines, and utility easementswithin the project limits, including the location of utility/power poles, generators, andequipment.
•
CONSULTANT's 30% Schematic Design plans shall be project layout sheets (22-inch-Wide x 34-inch-Long), formatted with black and white line work and a screened-back black and white (gray-tone) aerial
photo background with a minimum scale of the horizontal alignment of 1 ” = 40'-0”.
30% Schematic Design Submittal Milestone Preparation:CONSULTANT shall prepare the 30% Schematic Design Package submittal milestone, showing thefollowing elements, in the order below:
• Typical Sections
• Layout and Grading• Proposed Landscape
Drawing Deliverable Review/Comment Resolution Meeting:
CONSULTANT shall attend no more than one (01) Drawing Deliverable Review/Comment ResolutionMeeting to discuss 30% Schematic Design submittal review comments with the CLIENT. Notes will betaken by the CONSULTANT to record items discussed and decisions made during this review meeting.
Schematic Design Revisions:
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mU••haItI Hickory Creek TrailThe City of DentonApril 26, 2023Page 14
CONSULTANT will review and incorporate all applicable review comments and feedback received duringthe Drawing Deliverable Review/Comment Resolution Meeting into the preparation of one final schematic
design submittal. CONSULTANT will deliver one (01 ) final set of drawing deliverables for use by theCLIENT
Deliverables:
Deliverables provided by the CONSULTANT shall include the following:
• One (01) Digital PDF copy of the roll plot sheets.
• Three (03) hard copies of the roll plot sheet(s) (upon request).
TASK 5.3 - OPINION OF PROBABLE CONSTRUCTION COST (OPCC)
Preliminary 30% Schematic Design OPCC;Upon completion of the approved schematic plan the CONSULTANT shall prepare an Opinion of
Probable Construction Cost (OPCC). CONSULTANT’s OPCC shall be based on the quantities indicatedon the CONSULTANT’s plans and on the unit prices current at the time of the cost opinion preparation.All quantities and available unit pricing included in the schematic design OPCC are preliminary and shallbe subject to change based on the reviews of the CLIENT and stakeholders.
Deliverables:
Deliverables provided by the CONSULTANT shall include the following:
• One (01) Digital PDF copy of the Opinion of Probable Construction Cost listing biditems, quantities, and estimated bid costs.
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EFFIa••halff Hickory Creek TrailThe City of DentonApril 26, 2023Page 15
OPTIONAL TASK 1 GRANT ASSISTANCE SERVICES
Grant Assistance Scope of Work described herein shall be considered effort for a single, stand-alone
Grant Application and excludes the preparation of multiple applications. The development of additional
Grant Applications will result in additional services.
OPTIONAL TASK 1.1 – PROJECT MANAGEMENT AND COMMUNICATION (CONT.)
Project Management Coordination:CONSULTANT will meet internally with Halff staff for coordination and communication of Optional Task 1for the PROJECT.
Communications and Reporting:
CONSULTANT will provide monthly reports to the CLIENT that describe current progress, identifyoutstanding issues and/or items of future concern .
Agency/Stakeholder Coordination Meetings:
CONSULTANT will engage, facilitate, and schedule Agency/Stakeholder Coordination Meetings with theCLIENT and other stakeholders. The number of Agency/Stakeholder Coordination Meetings shall
not exceed two (02). Meeting objectives will include preliminary design discussions with general questionand answer. Anticipated stakeholders include:
• City of Denton (Parks) – Two (02) meetings
Deliverables:
Notes will be taken by the CONSULTANT at all meetings to record items discussed and decisions
made. Deliverables provided by the CONSULTANT shall include the following:
• One (01) Digital PDF copy of meeting notes.
• One (01) Digital PDF copy of the monthly progress report.
OPTIONAL TASK 1.2 – GRANT SUBMITTAL ASSISTANCE
Grant Opportunity Assessment:
CONSULTANT will work with the CLIENT to identify upcoming grant opportunities and assist with settinga milestone schedule with identified narratives, opinions of probable costs and support documents.
Grant Preparation :
CONSULTANT will prepare the grant project narrative and application for identified grant/reimbursementprograms. Deliverables identified in Task 3 & 4 will be used in the grant final deliverables. The CLIENT
will gather any additional support documentation including, but not limited to, stakeholder support lettersand council/parks board approvals. One (01) preliminary copy will be submitted to the CLIENT for reviewprior to submitting the application. CONSULTANT will address comments received by the CLIENT for one
(01 ) final submittal to the grant distributor.
Deliverables:
Deliverables provided by the CONSULTANT shall include the following:
• One (01) Digital PDF submission including requirements as defined in the grantapplication process.
Do(.,uSign Envelope ID: D6EDG42C-8E594283-9266-BF22D9C78389
B•••U••haItI Hickory Creek TrailThe City of DentonApril 26, 2023Page 16ATTACHMENT B
BASIS OF COMPENSATIONHICKORY CREEK TRAIL
A. TASK 1 – PRE-DESIGN
The basis of compensation for the services below shall be as follows:
Task 1.1 - Project Management and CommunicationTask 1 .2 - Data Collection and Base Map PrepaFation.
_$5,000$12,000
$17,000TASK 1 TOTAL (Tasks 1.1 – 1.2)
B. TASK 2 - H&H ANALYSIS:
The basis of compensation for the services below shall be as follows:
Task 2.1 _ Project Management and Communication (Cont.)Task 2.2 – Data Collection and Terrain Generation.=====
Task 2.3 - Hydrologic and Hydraulic Analysis_Task 2.4 – Floodplain Mapping$6,5UU
$5,000$14,000$33,000
TASK 2 TOTAL (Tasks 2.1 - 2.4)$58,500
C. TASK 3 – ENVIRONMENTAL ANALYSIS:
The basis of compensation for the services below shall be as follows:
Task 3.1 – Project Management and Communication (Cont.)Task 3.2 - Data Collection and Analysis.Task 3.3 – Technical Report_
$2,000
_$10,000$8,000
$20,000USK 3 TOTAL (Tasks 3.1 - 3.3)
D. TASK 4 – TRAIL ALIGNMENT FEASIBILITY:
The basis of compensation for the services below shall be as follows:
Task 4.1 - Project Management and Communication (Cont.)g=
Task 4.2 - *Trail Alignment Feasibility Study $12,000
$13,000
$25,000USK 4 TOTAL (Tasks 4.1 - 4.2)
E. TASK 5 – 30% SCHEMATIC DESIGN:
The basis of compensation for the services below shall be as follows:
Task 5.1 - Project Management and Communication (Cont.)Task 5.2 - 30% Schematic Design.Task 5.3 - Opinion of Probable Construction Cost (OPCC)
$12,000
$21 ,000
_$6,000
iASK 5 TOTAL (Tasks 5.1 – 5.3)$39,000
_$1 ,200**Direct Costs (Estimated Reimbursable Expenses)
PROJECT GRAND TOTAL 'asks 1, 2, 3, 4, 5, & Direct Costs $160,700
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FFHU••haItI Hickory Creek TrailThe City of DentonApril 26, 2023Page 17
F. OPTIONAL TASK I - GRANT ASSISTANCE SERVICES (PER APPLICATION)
The basis of compensation for the services below shall be as follows:
Optional Task 1.1 - Project Management and Communication (Cont.)Optional Task 1.2 - Grant Submittal Assistance_$3,000
$6,000
OPTIONAL TASK 1 TOTAL (Tasks 1.1 – 1.2)$9,500
$500**Direct Costs (Estimated Reimbursable Expenses)
**Direct Costs (estimated reimbursable expenses) will include, but are not necessarily limited to,expenses for supplies, transportation, equipment, travel, communication, printing of plans andspecifications, presentation boards, graphic boards, and similar incidentals. All project relatedexpenses will be billed at cost plus 10%.
G.BILLING SCHEDULE:
The compensation for tasks listed as Basic (Lump Sum) Services in the compensation schedule
shall be Lump Sum, and the services for each Basic Service task shall be invoiced on a percentcomplete basis. The compensation for tasks listed as Special (Hourly/Unit) Services in thecompensation schedule shall be on the basis of 2.3 times full (total) salary cost for the time eachemployee is engaged directly on the project. Total fees will not be exceeded without priorapproval. Direct costs, including printing and reproduction, postage, and courier/overnight service, willbe considered reimbursable and will be billed at 1 .1 times the direct cost incurred. The project will be
billed to CLIENT on a monthly basis.
CONSULTANT reserves the right to request a contract modification(s) to increase the budget forSpecial (Hourly/unit) Services if the actual effort exceeds the budgeted amount.
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FFHU••haItI Hickory Creek Trail
The City of DentonApril 26, 2023Page 18
2023 Labor Rate Ranges
b
hFII III IIIV 1 165.00 1 235.00 1
V
I1 ll 1 122.00 1 158.00 1
111
IV
V1 1 1 77.00 1 99.00 11 ll 1 112.00 1 141.00 1
1111 Ml1 III 1 96.00 1 122.00 1
IVI V 1 160.OO 1 263.OO I
97.00
134.00
165.00
223.00
109.00
122.00
157.00
207.00
262.00
77.00
112.00
144.00
131.00
173,00
235.00
350.00
131 .00
158.00
206.00
276.00
350.00
99.00
141.00
187.00
Landscape Designer
Landscape Architect /Planner
Landscape Architect
PM / Sr. Landscape Architect
Principal
Err
EIT / PE
Engineer Sr. PE / PM
Sr. PM / Sr. PE
Scientist
(Environmental /
Geologist)
Tech Advisor / Principal
Profq]BigIIES in
Experienced Professional
PE, PG or similar license / registration
199.00
96.00
124.00
160.00
97.00
68.00
106.00
140.00
190.00
55.00
December 31 , 2027
244.00
122.00
158.00
263.00
127.0011 146.oo I
190.001 238.oo I
91 .00
PM / Sr. Scientist
Office Tech (CADD,
Designer and Survey)
Jr. CADD/Designer/Survey Tech
Sr. CADD/Designer/Survey
CADD Manager/Geo Spatia1 PM (unlicensed)
Admin AssistantClerical
I
11
111
IV
Jr. Level GIS Analyst / ROW Support Staff
GIS Analyst / ROW AgentSpecialist (GIS andROW)Sr. / PM – GIS Analyst / ROW Agent
Sr. PM – GIS Analyst / ROW Agent
Intern
Note: The labor rates are valid through
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ATTACHMENT B
EXCLUSIONS / AVAILABLE ADDITIONAL SERVICES
The following services are not included in the scope or fees for this proposal; but can be provided byCONSULTANT, subject to negotiation:
GENERAL:
1. Any additional work not specifically included in the Proposed Scope of Work will be
accomplished as Additional Services.Revisions to the plans requested by the CLIENT after the plans are approved, unlessnecessitated by errors on the plans,
2
Design of areas outside the limits of the defined project site.
Design and coordination existing utility relocations and modifications, including, gas,telephone, or other franchise utility improvements.
Additional graphic products.
Additional meetings not identified in the project scope of services.
Printing of additional drawings, specifications and contract documents not identified in theproject deliverables.
The construction documentation of trail amenities, including, but not limited to landscaping,8
bike repair/air stations, trash receptacles, seating, drinking fountains, kiosks, wayfinding
signage, artwork.
3
4,
5
6
7,
PUBLIC ENGAGEMENT:
9. Public Engagement, such as public meetings or hearings, is excluded.10. Community Engagement and coordination with impacted stakeholders, adjacent propertyowners, and agencies are excluded.
TRAFFIC:
11. Preparation of Traffic engineering reports or studies is excluded.
PERMITTING:
12. Payment of permit fees, filing fees, pro-rated fees, impact fees, taxes, federal and/or state
regulatory agency review fees.
CONSTRUCTION DOCUMENTATION:
13. The preparation and development of Construction Documentation (60%, 90%, and 100%) isexcluded.
SUE:
14. SUE services are excluded.
SURVEY:
15. Survey Services are excluded
16. Boundary Research and Resolution services are excluded17. Survey Services for the Preparation of Easement or Right-of-Way Exhibits are excluded.18. Field survey of channel cross sections other than what is identified in the scope above isexcluded.
19. Field survey of area outside the identified project area is excluded.
20. Bathymetric survey is excluded.
21. Geospatial Survey Services are excluded.22. Any fees associated with public notices are excluded.
GEOTECH
23. Geotechnical Engineering services is excluded.
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htll••halff Hickory Creek TrailThe City of DentonApril 26, 2023Page 20
ATTACHMENT BTRAIL ALIGNMENT EXHIBIT
CONSULTANT will work closely with the CLIENT on the proposed improvements (conceptual alignment
provided by CLIENT below) and shall remain in accordance with the overall vision of the PROJECT.
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ATTACHMENT BPROJECT SCHEDULE
CONSULTANT will work closely with the CLIENT on the PROJECT schedule which Tasks 1-5 areantIcipated to require approximately eight (08) months to complete; but may be subject to delays,depending upon agency review turnaround.
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CONFLICT OF INTERESTL
For vendor or other person doing business with local governmental enti
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
FORM CIQ
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as definedby Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a) and by City of DentonEthics Code, Ordinance 18-757.
By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after thIdate the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.misdemeanor.
a MW.
An offense under this section is a
Ha1 ff Assoclates Inc.
2 1 1 Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business dayafter the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name of local government officer about whom the information in this section is being disclosed.
Name of Officer
Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section
176.003(a)(2)(A). Also describe any family relations hip with the local government officer. This section, (item 3 including subparts A, B, C & D), must becompleted for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.00 1(1-a), Local Govemment Code.Attach additional pages to this Form CIQ as necessary.
A,Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?n Yes D No
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local governmcnt officer named in
this section AND the taxable income is not received from the local govemmental entity?= Yes D No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer
or director, or holds an ownership of one percent or more?
= Yes = No
D.Describe each employment or business and family relationship with the local government officer named in this section.
4
5
Lg I have no Conflict of lnterest to disclose.
'DocuSlgned by:
&c P. ebdLahAD
Signatur;-R§cm%Xj'%siness with the governmental entity
7/12/2023
Date
DocuSign Envelope ID: D6EDC42C-8E59=1283-9266-BF22D9C78389
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
A complete copy ofC"hapter 176 ofthe Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG 1 76.htm. For easy
reference, below are some of the sections cited on this form.
Local Government Code $ 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity ofone of the
parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local
governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public; or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,
and reporting to, that agency.
Local Government Code $ 176.003(a)(2)(A) and (B):
(A) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a family member of the officer that
results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during
the 12-month period preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the varck>c
(B) has given to the local government officer or a family member ofthe officer one or more gifts that have an aggregate value ofmorethan $ 100 inthe 12-month pedodpreceding the date the officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code $ 176.006(a) and {a-1)
(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and:
( 1) has an employment or other business relationship with a local government officer of that local govemmental entity, or a family member
ofthe officer, described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the
aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or
(3) has a family relationship with a local govemment officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business dayafter the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local govemmental entity; or(B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another
writing related to a potential contract with the local govemmental entity; or(2) the date the vendor becomes aware
(A) of an employment or other business relationship with a local govemment officer, or a family member of the officer,
described by Subsection (a);
(B) that the vendor has given one or more gifts described by Subsection (a); or(C) ofa family relationship with a local govenrment omcer.
City of Denton Ethics Code Ordinance Number 18-757
Definitions
Relative; a family member related to a City Official within the third 3d degree ofaffmiq (marriage) or consanguinity (blood or adoption)
City Official: for purpose of this article, the term consists of the Council Members, Department Heads, or member of the Board of Ethics, Planning
and zoning Commission Members, Board of Adjustment, Historic Landmark Commission, or Public Utilities Board
Vendor: a person who provides or seeks to provide goods, services, and/or real property to the City in exchange for compensation. This definition
does not include those property owners from whom the City acquires public rightof-way or other real property interests for public use.
Per the City of Denton Ethics Code, Section 2-273. – Prohibitions
(3) it shall be a violation of this Article for a Vendor to offer or give a Gift to City Official exceeding fifty dollars ($50.00) per gift, or multiple gift'
cumulatively valued at more than two hundred dollars ($200.00) per a single fiscal year.
Per the City of Denton Ethics Code, Section 2-282. – Disposition (b), (5) Ineligibility
If the Board of Ethics finds that a Vendor has violated this Article, the Board may recommend to the City Manager that the Vendor be deemed
ineligible to enter into a City contract or other arrangement for goods, services, or real property, for a period of one (1) year.
:orm provided by Texas Ethics Commission www. ethics .state. tx . us Revised 11/30/2015
DocuSign
aCertificate Of Completion•
Envelope Id: D6EDC42C8E5942839266BF22D9C78389 Status: Completed
Subject: Please DocuSign: City Council Contract 7850-006
Source Envelope:
Document Pages: 43 Envelope Originator:Signatures: 6
Certificate Pages: 6AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
Initials: 1 Erica Garcia
901 B Texas Street
Denton, TX 76209
erica.garcia@cityofdenton.com
IP Address: 198.49.140.104
Record Tracking
Status: Original7/1 1/2023 8:32:19 AM
Holder: Erica Garcia
erica.garcia@cityofdenton.com
Location: DocuSign
Signer Events
Erica Garcia
erica.garcia@cityofdenton.com
Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Signature Timestamp
Sent: 7/1 1/2023 8:36:M AM
Viewed: 7/1 1/2023 8:37:01 AM
Signed: 7/11/2023 8:38:19 AM
Completed
Using IP Address: 198.49.140.104
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 7/1 1/2023 8:38:22 AM
Viewed: 7/1 1/2023 1 :50:49 PM
Signed: 7/1 1/2023 1:51 :30 PM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Marcella Lunn
marcella.lunn@cityofdenton.com
Mack Reinwand City Attorney
City of Denton
Security Level: Email, Account Authentication(None)
Sent: 7/1 1/2023 1 :51 :32 PM
Viewed: 7/12/2023 8:57:39 AM
Signed: 7/12/2023 9:07:43 AM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Joe D. Buchanan
dbuchanan@halff.com
Security Level: Email, Account Authentication(None)
Sent: 7/12/2023 9:07:47 AM
Viewed: 7/12/2023 9:21 :27 AM
Signed: 7/1 2/2023 9:23:51 AM
Signature Adoption: Pre-selected Style
Using IP Address: 12.5.135.162
Electronic Record and Signature Disclosure:Accepted: 7/12/2023 9:21 :27 AMID: 5c96881 2-Od05405542b6-f0082926ac02
Signer Events
Gary Packan
Gary.Packan@cityofdenton.com
Director of Parks and Recreation
Parks and Recreation
Security Level: Email, Account Authentication(None)
Signature Timestamp
Sent: 7/1 2/2023 9:23:54 AM
Viewed: 7/1 2/2023 1 1 :59:24 AM
Signed: 7/12/2023 12:00:09 PM
Signature Adoption: Pre-selected Style
Using IP Address: 107.77.197.209
Electronic Record and Signature Disclosure:Accepted: 7/1 2/2023 11 :59:24 AMID: e3aba57c-f52a4a87-bf35-788571500617
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication(None)
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Completed Sent: 7/12/2023 12:00:12 PM
Viewed: 8/2/2023 8:06:22 AM
Signed: 8/2/2023 8:06:34 AMUsing IP Address: 198.49.140.104
Sara Hensley
sara.hensley@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication(None)
Sent: 8/2/2023 8:06:37 AM
Viewed: 8/2/2023 8:42:02 AM
Signed: 8/2/2023 8:42:11 AM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Jesus Salazar
jesus.salazar@cityofdenton.com
Security Level: Email, Account Authentication(None)
Sent: 8/2/2023 8:42:13 AM
Viewed: 8/2/2023 12:20:24 PM
Signed: 8/2/2023 12:20:46 PM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Electronic Record and SIgnature Disclosure:Accepted: 8/2/2023 12:20:24 PMID: eb4b78a2-+5654463-982a-1 a281ca6e90f
In Person Signer Events Signature
Status
Timestamp
Editor Delivery Events Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status
Status
Timestamp
Carbon Copy Events
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication(None)
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Timestamp
Sent: 7/1 1/2023 8:38:21 AM
Carbon Copy Events
Gretna Jones
gretna.jones@cityofdenton.com
Legal Secretary
City of Denton
Security Level: Email, Account Authentication(None)
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Status Timestamp
Sent: 7/12/2023 12:00:12 PM
Viewed: 7/12/2023 4:32:08 PM
City Secretary Office
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication(None)
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Sent: 8/2/2023 12:20:49 PM
Viewed : 8/2/2023 2:56:32 PM
Chris Escoto
Chris.Escoto@cityofdenton.com
Park Planner
City of Denton
Security Level: Email, Account Authentication(None)
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Sent: 8/2/2023 12:20:51 PM
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events
Envelope Sent
Certified Delivered
Signing Complete
Completed
Status Timestamps
7/1 1/2023 8:36:54 AM
8/2/2023 12:20:24 PM
8/2/2023 12:20:46 PM
8/2/2023 12:20:51 PM
Hashed/Encrypted
Security Checked
Security Checked
Security Checked
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Joe D. Buchanan, Gary Packan, Jesus Salazar
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Denton (we, us or Company) may be required by law to provide to
you certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through your DocuSign, Inc.
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and if you can access this information electronically to your satisfaction and agree to these terms
and conditions, please confirm your agreement by clicking the ’I agree' button at the bottom ofthis document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. For such copies, as long as you are an authorized user of the
DocuSign system you will have the ability to download and print any documents we send to you
through your DocuSign user account for a limited period of time (usually 30 days) after such
documents are first sent to you. After such time, if you wish for us to send you paper copies of
any such documents from our office to you, you will be charged a $0.00 per-page fee. You mayrequest delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow thespeed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign ’Withdraw Consent' form on the signing page of your
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required notices and disclosures electronically from us and you will no longer be able to use your
DocuSign Express user account to receive required notices and consents electronically from usor to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact City of Denton:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: purchasing@cityofdenton.com
To advise City of Denton of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com
and in the body of such request you must state: your previous e-mail address, your new e-mail
address. We do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in DocuSign.To request paper copies from City of Denton
To request delivery from us of paper copies of the notices and disclosures previously providedby us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in
the body of such request you must state your e-mail address, full name, US Postal address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Denton
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you
must state your e-mail, full name, IS Postal Address, telephone number, and account
number. We do not need any other information from you to withdraw consent.. The
consequences of your withdrawing consent for online documents will be that transactions
may take a longer time to process..
Required hardware and software
Operating Systems
Browsers (for SENDERS
Browsers (for SIGNERS):
r
Internet Explorer 6.0? or above
mlet Explorer 6.o?, Mozilla FireFox 1.oetSca-7.2 (or above)
Access to a valid email account
x
Email
Screen Resolution
Enabled Security Settings
•Allow per session cookies
•Users accessing the internet behind a Proxy
Server must enable HTTP 1.1 settings viaoxy connectIon
88 These minimum requirements are subject to change. If these requirements change, we will
provide you with an email message at the email address we have on file for you at that time
providing you with the revised hardware and software requirements, at which time you will
have the right to withdraw your consent.
Acknowledging your access and consent to receive materials electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please verify that you
were able to read this electronic disclosure and that you also were able to print on paper or
electronically save this page for your future reference and access or that you were able to
e-mail this disclosure and consent to an address where you will be able to print on paper or
save it for your future reference and access. Further, if you consent to receiving notices and
disclosures exclusively in electronic format on the terms and conditions described above,
please let us know by clicking the ’I agree' button below.
By checking the 'I Agree' box, I confirm that:
• I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
• I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
• Until or unless I notify City of Denton as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by City of Denton during the course of my relationship with you.
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