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HomeMy WebLinkAbout7599-011 - Amendment 5 Executed Docusign City Council Transmittal Coversheet File Name Purchasing Contact City Council Target Date Piggy Back Option Contract Expiration Ordinance Docusign Envelope ID: 29D49444-F03F-84F2-830C-E1A9748EE9C8 Westgate Drive Reconstruction Design Amendment #5 Not Applicable PSA 7599-011 Cori Power AUGUST 4, 2026 N/A 26-1142 7599-011 PSA – Amendment #5 Page 1 of 2 THE STATE OF TEXAS § § COUNTY OF DENTON § FIFTH AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND HALFF ASSOCIATES, INC. PSA 7599-011 THIS FIFTH 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 “Original Agreement”); amended on March 19, 2024 in the additional amount of $62,000 aggregating a not-to-exceed amount of $1,206,280 (the “First Amendment”); amended on June 5, 2024 to revise the project scope of services at net zero change to the total contract amount (the “Second Amendment”); amended on January 6, 2025 to revise the project scope of services at net zero change to the total contract amount (the “Third Amendment”); amended on April 15, 2025 in the additional amount of $81,690 aggregating a not-to-exceed amount of $1,287,970 (the “Fourth Amendment”) (collectively, the Original Agreement, the First Amendment, the Second Amendment, the Third Amendment, and the Fourth Amendment are the “Agreement”) for services related to the design of the 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 $98,600 with this Amendment for an aggregate not-to-exceed amount of $1,386,570; 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 $98,600. 2. This Amendment modifies the Agreement amount to provide an additional $98,600 for the additional services with a revised aggregate not to exceed total of $1,386,570. Docusign Envelope ID: 29D49444-F03F-84F2-830C-E1A9748EE9C8 7599-011 PSA – Amendment #5 Page 2 of 2 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. 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 _________________________. “ENGINEER” HALFF ASSOCIATES, INC. By: ______________________________ AUTHORIZED SIGNATURE, TITLE APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY By: ______________________________ “CITY” CITY OF DENTON, TEXAS A Texas Municipal Corporation By: ______________________________ ATTEST: By: ______________________________ THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. _______________ ________________ SIGNATURE PRINTED NAME __________________________________ TITLE __________________________________ DEPARTMENT Docusign Envelope ID: 29D49444-F03F-84F2-830C-E1A9748EE9C8 Vice President Director of Capital Projects Capital Projects Seth Garcia 08/04/2026 KRISTI FOGLE, INTERIM CITY SECRETARY AMENDMENT NO. 5 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY AND HALFF ASSOCIATES, INC. Westgate Drive East-West Construction Plans Repackage Westgate Drive Reconstruction Project FILE 7599-011 This is Amendment number 05 dated April 15, 2026 to the agreement between the City of Denton, Texas (“City”) and Halff Associates, Inc. (“Engineer”) dated November 15, 2022 (“the Agreement”) concerning the Westgate Drive Reconstruction Project (“the Project”). Our description of additional services understanding, assumptions, schedule and fee summary are presented below. I.DESCRIPTION OF ADDITIONAL SERVICES UNDERSTANDING As per correspondence between City staff and the Engineer from March 6, 2026 to April 15, 2026, the Engineer is proposing to allocate additional funds to perform Right of Way Services as part of Phase 2 of the Project. A new XXI. Phase 2 ROW Services Task would be created under Special Services detailed in the Fee Summary below. Phase 2 ROW Services scope of services shall be per Section 5 of the executed contract dated November 15, 2022. II.ASSUMPTIONS A.Consultant’s services shall only include those that are normal and customary and are not represented as special services or those requiring expertise greater than that provided by other providers. B.Services not identified, whether specifically noted or implied, in this proposal are considered additional services and may require a modification to the scope and an increase in the budget. C.The direct cost of preliminary title commitments, title insurance (Owner Title Policies) and the court costs in eminent domain cases are not to be considered a pass-through expense and will be paid directly by the City of Denton. III.SCHEDULE The schedule for ROW Services for Phase 2 of the Project will be contingent on the individual property negotiation, title and closing coordination and will vary parcel to Exhibit A Docusign Envelope ID: 29D49444-F03F-84F2-830C-E1A9748EE9C8 parcel. It is anticipated the schedule for these services will be approximately twelve (12) months upon notice to proceed. IV.AMENDMENT NO. 5 FEE SUMMARY XXI.Phase 2 ROW Services (17 Parcels @ $5,800/each) $98,600 Total Contract Amendment No. 5 $98,600 SUMMARY OF THE AMENDED CONTRACT Original Contract $1,144,280 Amendment No. 1 $62,000 Amendment No. 2 $0 Amendment No. 3 $0 Amendment No. 4 $81,690 Amendment No. 5 $98,600 Amended Contract Amount $1,386,570 CITY: ENGINEER: CITY OF DENTON, TEXAS HALFF ASSOCIATES, INC. By:_______________________ By:_________________________ Title:______________________ Title:________________________ Date:______________________ Date:_______________________ Docusign Envelope ID: 29D49444-F03F-84F2-830C-E1A9748EE9C8 Certificate Of Completion Envelope Id: 29D49444-F03F-84F2-830C-E1A9748EE9C8 Status: Completed Subject: Please DocuSign: City Council Contract 7599-011 - Westgate Drive Reconstruction Design Amendment #5 Source Envelope: Document Pages: 5 Signatures: 5 Envelope Originator: Certificate Pages: 6 Initials: 1 Cori Power AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 901B Texas Street Denton, TX 76209 cori.power@cityofdenton.com IP Address: 198.49.140.10 Record Tracking Status: Original 6/22/2026 10:06:19 AM Holder: Cori Power cori.power@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Cori Power cori.power@cityofdenton.com Purchasing Supervisor City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.10 Sent: 6/22/2026 10:10:08 AM Viewed: 6/22/2026 10:10:17 AM Signed: 6/22/2026 10:10:26 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Lori Hewell lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 6/22/2026 10:10:28 AM Viewed: 6/22/2026 11:48:58 AM Signed: 6/22/2026 11:49:16 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Leah Bush leah.bush@cityofdenton.com Assistant City Attorney Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 6/22/2026 11:49:17 AM Viewed: 6/22/2026 4:46:38 PM Signed: 6/22/2026 5:00:47 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Benjamin L. McGahey bmcgahey@halff.com Vice President Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 4.1.252.178 Sent: 6/22/2026 5:00:50 PM Viewed: 6/23/2026 7:52:09 AM Signed: 6/23/2026 8:17:20 AM Electronic Record and Signature Disclosure: Accepted: 6/23/2026 7:52:09 AM ID: b5b7fea9-b3c1-4f07-8c43-542f28ac03e4 Signer Events Signature Timestamp Seth Garcia Seth.Garcia@cityofdenton.com Director of Capital Projects Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 6/23/2026 8:17:22 AM Viewed: 6/29/2026 10:31:05 AM Signed: 6/29/2026 10:31:23 AM Electronic Record and Signature Disclosure: Accepted: 6/29/2026 10:31:05 AM ID: c3b889d6-b07c-4923-8ce0-6feda9774d35 Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.10 Sent: 6/29/2026 10:31:26 AM Viewed: 8/5/2026 9:42:42 AM Signed: 8/5/2026 9:43:35 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Cassey Ogden Cassey.Ogden@cityofdenton.com Interim City Manager City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 8/5/2026 9:43:37 AM Viewed: 8/7/2026 12:32:34 PM Signed: 8/7/2026 12:32:39 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Kristi Fogle Kristi.Fogle@cityofdenton.com Chief of Staff Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 8/7/2026 12:32:41 PM Viewed: 8/7/2026 12:36:07 PM Signed: 8/7/2026 12:37:38 PM Electronic Record and Signature Disclosure: Accepted: 8/7/2026 12:36:07 PM ID: d8b31b80-de95-4a13-a484-16a1fcf179bd In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication (None) Sent: 6/22/2026 10:10:28 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Carbon Copy Events Status Timestamp Gretna Jones gretna.jones@cityofdenton.com Legal Secretary City of Denton Security Level: Email, Account Authentication (None) Sent: 6/29/2026 10:31:25 AM Viewed: 6/29/2026 12:50:07 PM Electronic Record and Signature Disclosure: Not Offered via Docusign City Secretary Office citysecretary@cityofdenton.com Security Level: Email, Account Authentication (None) Sent: 8/7/2026 12:37:40 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Jesus Perez Jesus.Perez@cityofdenton.com Construction Project Manager Security Level: Email, Account Authentication (None) Sent: 8/7/2026 12:37:41 PM Electronic Record and Signature Disclosure: Accepted: 8/5/2026 3:51:56 PM ID: 709f01a3-d997-4d61-96c5-22d7ca4da01d Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 6/22/2026 10:10:09 AM Certified Delivered Security Checked 8/7/2026 12:36:07 PM Signing Complete Security Checked 8/7/2026 12:37:38 PM Completed Security Checked 8/7/2026 12:37:41 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure 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. 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