7599-011 - Amendment 1 Executed
Docusign City Council Transmittal Coversheet
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Purchasing Contact
City Council Target Date
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Contract Expiration
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DocuSign Envelope ID: 86AA07FB-74A8-49F2-B364-798C36164A73
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7599-011
Erica Garcia
Westgate Dr. Reconstruction Design Amendment 1
PSA
N/A
MARCH 19, 2024
24-539
7599-011 PSA – Amendment #1 Page 1 of 2
FIRST AMENDMENT TO CONTRACT
BY AND BETWEEN THE CITY OF DENTON, TEXAS
AND HALFF ASSOCIATES, INC.
PSA 7599-011
THE STATE OF TEXAS §
COUNTY OF DENTON §
THIS FIRST AMENDMENT TO CONTRACT 7599-011 (“Amendment”) by and
between the City of Denton, Texas (“City”) and Halff Associates, Inc. (“Engineer”); to that
certain contract executed on November 15, 2022, in the original not-to-exceed amount of
$1,144,280 (the “Agreement”); for services related to Westgate Drive Reconstruction
Project.
WHEREAS, the City deems it necessary to further expand the services provided by
Engineer to the City pursuant to the terms of the Agreement, and to provide an additional
not-to-exceed amount of $62,000 with this Amendment for an aggregate not-to-exceed
amount of $1,206,280; and
FURTHERMORE, the City deems it necessary to further expand the goods/services
provided by Engineer to the City;
NOW THEREFORE, the City and Engineer (hereafter collectively referred to as the
“Parties”), in consideration of their mutual promises and covenants, as well as for other
good and valuable considerations, do hereby AGREE to the following Amendment, which
amends the following terms and conditions of the said Agreement, to wit:
1. The additional services described in Exhibit “A” of this Amendment, attached
hereto and incorporated herein for all purposes, for professional services related to
the Westgate Drive Reconstruction Project, are hereby authorized to be performed
by Engineer. For and in consideration of the additional services to be performed
by Engineer, the City agrees to pay, based on the cost estimate detail attached as
Exhibit “A”, a total fee, including reimbursement for non-labor expenses an amount
not to exceed $62,000.
2. This Amendment modifies the Agreement amount to provide an additional $62,000
for the additional services with a revised aggregate not to exceed total of
$1,206,280.
The Parties hereto agree, that except as specifically provided for by this Amendment, that
all of the terms, covenants, conditions, agreements, rights, responsibilities, and obligations
of the Parties, set forth in the Agreement remain in full force and effect.
DocuSign Envelope ID: 86AA07FB-74A8-49F2-B364-798C36164A73
7599-011 PSA – Amendment #1 Page 2 of 2
IN WITNESS WHEREOF, the City and the Engineer, have each executed this
Amendment electronically, by and through their respective duly authorized representatives
and officers on this date ___________________.
BY:
CITY OF DENTON, TEXAS
BY:
ENGINEER
Sara Hensley, City Manager
HALFF ASSOCIATES, INC.
Benjamin McGahey
Date:____________________________
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
_________________________
Signature
_________________________
Title
_________________________
Department
Date Signed: ______________
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
By:
ATTEST:
JESUS SALAZAR, CITY SECRETARY
By:______________________________
DocuSign Envelope ID: 86AA07FB-74A8-49F2-B364-798C36164A73
Director of Capital Projects
Capital projects
02/22/2024
03/19/2024
02/22/2024
EXHIBIT A
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT
ADDITIONAL SERVICES
FEMA CLOMR and LOMR Amendment to
Westgate Drive Reconstruction Project
FILE 7599-011
As per the meeting had on October 24, 2023, with City of Denton staff, this amendment
is to add FEMA Conditional Letter of Map Revision (CLOMR) and Letter of Map Revision
(LOMR) services to the original contract File 7599-011, which was executed on November
15, 2022. The scope for the CLOMR and LOMR is stated below:
I. FEMA Conditional Letter of Map Revision (CLOMR)
The Engineer shall develop a FEMA CLOMR based on the results of the Westgate
Drive Floodplain Analysis. The approved 90% design plans will be the basis of the
CLOMR. Any deviations in design or construction from that study will require additional
services and fees. The following task will be performed to support a CLOMR
application submittal to FEMA:
1. Hydraulic Modeling for Proposed Conditions
The floodplain analysis for proposed conditions FEMA model shall be used for the
CLOMR submittal; therefore, no additional proposed conditions hydraulic modeling
will be required.
• Utilize hydraulic modeling, utilizing FEMA effective discharges, for the
floodplain analysis to compute revised existing and proposed water surface
elevations. Compare results to effective conditions.
• Delineate 100-year, 500-year and regulatory floodway boundaries.
• Conduct a Quality Assessment/Quality Control review of the hydraulic
models.
2. Forms and Exhibits
• Complete the following forms, and include attachments and exhibits as
required by FEMA:
o Form 1- Overview and Concurrence Form
o Form 2 - Riverine Hydraulics and Hydrology Form
o Form 3 - Riverine Structures Form.
o Payment Information Form
DocuSign Envelope ID: 86AA07FB-74A8-49F2-B364-798C36164A73
• Compile comparison tables, including but not limited to, a 1-percent-annual-
chance flood elevation (100-year) comparison table and floodway comparison
table.
• Prepare FEMA required workmap showing existing and proposed topography,
proposed site plan, existing and proposed floodplains, and floodway.
• Prepare a scaled revised DFIRM exhibit and annotate.
3. Compliance with the Endangered Species Act (ESA)
• Perform a desktop review of listed species and limited field work to confirm
that no endangered species will be harmed.
• Apply for an Incidental Take Permit (ITP) from the National Marine Fisheries
Service (NMFS) and the U.S. Fish and Wildlife Service (USFWS) if
necessary.
• Obtain a letter from the NMFS and the USFWS indicating their determination
that the project is "not likely to adversely affect" any endangered species.
4. CLOMR Application Report
• Update the floodplains analysis report to a CLOMR Report to be submitted to
the City of Denton and FEMA.
• Submit and present the report to the City of Denton for review, approval, and
signatures. This scope of work includes one (1) meeting with the City of
Denton for the purpose of review and signature of the CLOMR report.
• Prepare newspaper publication floodway notice if needed.
• Prepare documentation and notification letters to affected property owners.
• Digital CLOMR submittal to FEMA LOMC Depot via online submittal.
• Online FEMA fee for CLOMR review is $6,500 (subject to change) as of
November 2023 and is to be paid by CLIENT. The fee in this proposal does
not include the submittal fee for the CLOMR application.
• Coordination with City of Denton during review.
• Coordination with FEMA during the review stage, modifications to analysis
and report as required by FEMA.
II. FEMA Letter of Map Revision (LOMR)
The Engineer shall develop a FEMA LOMR based on the above developed CLOMR.
DocuSign Envelope ID: 86AA07FB-74A8-49F2-B364-798C36164A73
Any deviations in design or construction from that study will require additional
services and fees.
1. Hydraulic Modeling for As-Built Conditions
• Refine the FEMA accepted CLOMR model based on as-built conditions. As-
built/Record Drawings from the Design team will be used.
• Modify proposed conditions Pecan Creek above SCS Reservoir #16 model
established during CLOMR phase to reflect as-built conditions.
• Perform a Quality Assurance/Quality Control review of the as-built model.
Execute and debug.
• Compare water surface elevations from as-built conditions to FEMA effective
conditions.
• If any discrepancies result from the model review, adjust modeling as
necessary based upon existing topography and record drawings to adhere to
City of Denton and FEMA standards as necessary.
• Perform floodway analysis.
• Delineate 100- and 500-year floodplain and generate regulatory floodway
boundaries.
2. Forms and Exhibits
• Prepare exhibits and prepare forms for a report to FEMA pertaining to existing
land use conditions.
• Complete the following forms, and include attachments and exhibits as
required by FEMA:
o Form 1- Overview and Concurrence Form
o Form 2 - Riverine Hydraulics and Hydrology Form
o Form 3 - Riverine Structures Form.
o Payment Information Form
• Compile comparison tables, including but not limited to, a 1-percent-annual-
chance flood elevation (100-year) comparison table and floodway comparison
table.
• Prepare FEMA required workmap showing existing and proposed topography,
proposed site plan, existing and proposed floodplains, and floodway.
• Prepare a scaled revised DFIRM exhibit and annotate.
DocuSign Envelope ID: 86AA07FB-74A8-49F2-B364-798C36164A73
• Prepare documentation and notification letters to affected property owners (if
needed).
• Prepare newspaper publication floodway notice if needed.
3. LOMR Application Report
• Prepare LOMR Report to be submitted to the City of Denton.
• Submit and present the report to the City of Denton for review, approval, and
signatures. This scope of work includes one (1) meeting with the City of
Denton for the purpose of review and signature of the LOMR report.
• Digital LOMR submittal to FEMA LOMC Depot via online submittal.
• Online FEMA fee for LOMR review is $8,000 (subject to change) as of
November 2023 and is to be paid by CLIENT. The fee in this proposal does
not include the submittal fee for the CLOMR application.
• Coordination with City of Denton during FEMA review.
• Coordination with FEMA during the review stage, including modifications to
analysis and report as required by FEMA.
III. Schedule
1. Completion of FEMA Conditional Letter of Map Revision (CLOMR): 120 calendar
days from date of written authorization to begin work.
2. Completion of FEMA Letter of Map Revision (LOMR): 120 calendar days from date
of receipt of Contractor Redlines/As-Built Drawings upon completion of
construction.
IV. AMENDMENT NO. 1 FEE SUMMARY
FEMA Conditional Letter of Map Revision $42,000
FEMA Letter of Map Revision $20,000
Total Contract Amendment No. 1 $62,000
SUMMARY OF THE AMMENDED CONTRACT
Original Contract $1,144,280
Amendment No. 1 $62,000
Amended Contract Amount $1,206,280
DocuSign Envelope ID: 86AA07FB-74A8-49F2-B364-798C36164A73
Certificate Of Completion
Envelope Id: 86AA07FB74A849F2B364798C36164A73 Status: Completed
Subject: Please DocuSign: City Council Contract 7599-011 Westgate Dr. Construction Design Amendment 1
Source Envelope:
Document Pages: 7 Signatures: 5 Envelope Originator:
Certificate Pages: 6 Initials: 1 Erica Garcia
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
erica.garcia@cityofdenton.com
IP Address: 198.49.140.10
Record Tracking
Status: Original
2/19/2024 4:35:14 PM
Holder: Erica Garcia
erica.garcia@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Erica Garcia
erica.garcia@cityofdenton.com
Senior Buyer
City of Denton
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(None)
Completed
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Lori Hewell
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Purchasing Manager
City of Denton
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Marcella Lunn
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Senior Deputy City Attorney
City of Denton
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Benjamin McGahey
bmcgahey@halff.com
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Trevor Crain, PMP
Trevor.Crain@cityofdenton.com
Director of Capital Projects
City of Denton
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Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
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Sara Hensley
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City Manager
City of Denton
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Jesus Salazar
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Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
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