HomeMy WebLinkAbout26-1142City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Procurement
ACM: Christine Taylor
DATE: August 4, 2026
SUBJECT
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation,
authorizing the approval of a fifth amendment to a Professional Services Agreement between the City of
Denton and Halff Associates, Inc., amending the contract approved by the City Council on November 15,
2022, in the not-to-exceed amount of $1,144,280.00; amended by Amendments 1-4 approved by City
Council and Purchasing; said fifth amendment to provide for additional right-of-way acquisition services
in relation to the Westgate Drive Reconstruction Project Phase 2 for the Capital Projects Department;
providing for the expenditure of funds therefor; and providing an effective date (File 7599-011 – providing
for an additional fifth amendment expenditure amount not-to-exceed $98,600.00, with the total contract
amount not-to-exceed $1,386,570.00). The Public Utilities Board recommends approval (4 - 0).
STRATEGIC ALIGNMENT
This action supports Key Focus Area: Enhance Infrastructure and Mobility.
INFORMATION/BACKGROUND
Following the completion of the new Denton Independent School District (DISD) high school located west
of the Bronco Way and North Bonnie Brae Street intersection, City Staff conducted preliminary research
on the potential construction of the undeveloped portion of East/West Westgate Drive, the reconstruction
of existing North/South Westgate Drive, and the reconstruction of Windsor Drive to help alleviate the traffic
impact from the completed development.
On November 26, 2024, Capital Projects was directed to divide the project into two (2) phases due to the
completion of right-of-way acquisition for East/West Westgate Drive. This segment provides a connection
between Bronco Way and the I-35 frontage road. Construction of the Westgate Drive Phase 1 Project was
recently completed in April 2026.
The Westgate Drive Phase 2 Project is currently estimated to begin construction in Q4-2027 with an
estimated completion in Q2-2029. Extended phasing and added project activities for the existing design
contract require an amendment to include additional right-of-way acquisition service costs. Amendment
No. 5 will provide the Consultant Engineer and the City of Denton Real Estate Department with the
necessary documentation to make initial contact with the affected property owners.
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
Amendment No. 1 provided for the additional hydraulic study which produced supporting documentation
to complete a Conditional Letter of Map Revision (CLOMR) and a Letter of Map Revision (LOMR) to the
Federal Emergency Management Agency (FEMA).
Amendment No. 2, a work authorization amendment, was approved by Purchasing to reallocate the funds
from the Traffic Signal Design category (XIV) to Environmental Services, Illumination Study, and Final
Design of the Contract. This amendment was a net zero change order to the contract NTE.
Amendment No. 3, a work authorization amendment, was approved by Purchasing to provide for the
remaining category of Bidding and Construction Services, re-allocating funds to a new category called
“Repackage” allowing the project to be split into two (2) phases per request of the City Manager’s Office.
This amendment was a net zero change order to the contract NTE.
Amendment No. 4 included the additional cost for splitting the design, bidding two packages, construction
engineering services through construction for two packages, and FEMA application fees.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On November 15, 2022, City Council approved a contract with Halff Associates, Inc., in the not-to-exceed
amount of $1,144,280 (Ordinance 22-2303).
On March 19, 2024, City Council approved Amendment No. 1 with Halff Associates, Inc., in the not-to-
exceed amount of $62,000, for a total not-to-exceed amount of $1,206,280 (Ordinance 24-539).
On April 15, 2025, City Council approved Amendment No. 4 with Halff Associates, Inc. in the not-to-
exceed amount of $81,690, for a total not-to-exceed amount of $1,287,970 (Ordinance 25-636).
On July 27, 2026, the Public Utilities Board (PUB) recommended this item to the City Council for
consideration.
RECOMMENDATION
Award Amendment No. 5 with Halff Associates, Inc., to provide for additional right-of-way acquisition
services in relation to the Westgate Drive Reconstruction Project Phase 2 for the Capital Projects
Department, in a not-to-exceed amount of $98,600, for a total amended contract amount of $1,386,570.
PRINCIPAL PLACE OF BUSINESS
Halff Associates, Inc.
Richardson, TX
ESTIMATED SCHEDULE OF PROJECT
The Westgate Drive Phase 1 Project completed construction in April 2026.
The Westgate Drive Phase 2 Project is estimated to begin construction in Q4 2027 with an estimated
completion in Q2 2029.
FISCAL INFORMATION
These services will be funded from the City of Denton Westgate Drive Reconstruction Project account
350522467.1360.20100. Purchase Order #201965 will be amended in the amount of $98,600. The total
amended amount of this contract is $1,386,570.
EXHIBITS
Exhibit 1: Agenda Information Sheet
Exhibit 2: Original Ordinance, Contract, Ordinances, and Amendments 1-4
Exhibit 3: Ordinance and Amendment 5
Respectfully submitted:
Lori Hewell, 940-349-7100
Purchasing Manager
For information concerning this acquisition, contact: Jesus Perez, 940-349-7715.
Legal point of contact: Leah Bush at 940-349-8333.
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
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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.
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:______________________________
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.
x 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.
x Delineate 100-year, 500-year and regulatory floodway boundaries.
x Conduct a Quality Assessment/Quality Control review of the hydraulic
models.
2. Forms and Exhibits
x 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
x Compile comparison tables, including but not limited to, a 1-percent-annual-
chance flood elevation (100-year) comparison table and floodway comparison
table.
x Prepare FEMA required workmap showing existing and proposed topography,
proposed site plan, existing and proposed floodplains, and floodway.
x Prepare a scaled revised DFIRM exhibit and annotate.
3. Compliance with the Endangered Species Act (ESA)
x Perform a desktop review of listed species and limited field work to confirm
that no endangered species will be harmed.
x 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.
x 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
x Update the floodplains analysis report to a CLOMR Report to be submitted to
the City of Denton and FEMA.
x 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.
x Prepare newspaper publication floodway notice if needed.
x Prepare documentation and notification letters to affected property owners.
x Digital CLOMR submittal to FEMA LOMC Depot via online submittal.
x 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.
x Coordination with City of Denton during review.
x 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.
Any deviations in design or construction from that study will require additional
services and fees.
1. Hydraulic Modeling for As-Built Conditions
x Refine the FEMA accepted CLOMR model based on as-built conditions. As-
built/Record Drawings from the Design team will be used.
x Modify proposed conditions Pecan Creek above SCS Reservoir #16 model
established during CLOMR phase to reflect as-built conditions.
x Perform a Quality Assurance/Quality Control review of the as-built model.
Execute and debug.
x Compare water surface elevations from as-built conditions to FEMA effective
conditions.
x 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.
x Perform floodway analysis.
x Delineate 100- and 500-year floodplain and generate regulatory floodway
boundaries.
2. Forms and Exhibits
x Prepare exhibits and prepare forms for a report to FEMA pertaining to existing
land use conditions.
x 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
x Compile comparison tables, including but not limited to, a 1-percent-annual-
chance flood elevation (100-year) comparison table and floodway comparison
table.
x Prepare FEMA required workmap showing existing and proposed topography,
proposed site plan, existing and proposed floodplains, and floodway.
x Prepare a scaled revised DFIRM exhibit and annotate.
x Prepare documentation and notification letters to affected property owners (if
needed).
x Prepare newspaper publication floodway notice if needed.
3. LOMR Application Report
x Prepare LOMR Report to be submitted to the City of Denton.
x 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.
x Digital LOMR submittal to FEMA LOMC Depot via online submittal.
x 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.
x Coordination with City of Denton during FEMA review.
x 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 Transmittal Coversheet
File Name
Purchasing Contact
Contract Expiration
AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN
CITY AND HALFF ASSOCIATES, INC.
Phase Reallocation Amendment to
Westgate Drive Reconstruction Project
FILE 7599-011
This is Amendment number 02 dated May 22, 2024 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 additional services understanding, schedule and fee summary are presented below.
I. ADDITIONAL SERVICES UNDERSTANDING
As per correspondence between City staff and the Engineer between April 4, 2024 and
May 3, 2024, the Engineer is proposing to reallocate unused funds from the XIV. Traffic
Signal Design Task under Special Services to supplement the Final Design Phase, Task
XV. Environmental Services, and Task XVI. Illumination Study as detailed in the Fee
Summary below. The scope for the Traffic Signal Design task shall be removed from the
original contract. This amendment is a net zero change to the current contract amount.
II. SCHEDULE
The original design deliverable schedule shall not be changed under this amendment.
III. AMENDMENT NO. 2 FEE SUMMARY
XIV. Traffic Signal Design ($30,620)
XV. Environmental Services $3,500
XVI. Illumination Study $6,120
Final Design Phase (100% Submittal) $21,000
Total Contract Amendment No. 2 $0.00
SUMMARY OF THE AMENDED CONTRACT
Original Contract $1,144,280
Amendment No. 1 $62,000
Amendment No. 2 $0
Amended Contract Amount $1,206,280
CITY: ENGINEER:
CITY OF DENTON, TEXAS HALFF ASSOCIATES, INC.
By:_______________________ By:_________________________
Title:______________________ Title:________________________
Date:______________________ Date:_______________________
DocuSign Transmittal Coversheet
File Name
Purchasing Contact
AMENDMENT NO. 3 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 03 dated BBBBBBBBBBBBBBB 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 between November 13,
2024 and November 26, 2024, the Engineer is proposing to reallocate funds from
the XII. Bidding and Construction Engineering Task under Special Services to
supplement a new XVII.Westgate Drive East-West Plans Repackage Task as detailed in
the Fee Summarybelow. At the request of City staff and the City Manager’s Office, it
is desired for theWestgate Drive East-West section of the improvements to be
constructed first, as aseparate construction project, and Windsor Drive and Westgate
Drive North-South shallbe constructed at a later date. This amendment is a net zero
change to the currentcontract amount.
II. ASSUMPTIONS
A. Project limits of the Westgate Drive East-West repackage shall be from the
existing Westgate Drive eastern pavement stubout (Westgate Dr (E&W) STA
12+74.44 in plans) to the western curb return of Kingsview Drive in Bronco
Way (Westgate Dr (E&W) STA 25+57.17 in plans) approximately 1,285 LF.
Project limits shall also include a portion of Westgate Drive North-South from
the existing Westgate Drive East-West and North-South intersection south to
approximately 200 linear feet south of the southern curb return of Barrow Drive
in Westgate Drive North-South, approximately 670 LF.
B.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.
C. 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.
D. The following items are assumed to be additional services beyond the original
contract and prepared as part of the Westgate Drive East-West Repackage
Submittal:
i. Westgate Drive East-West 100% Final Plans
ii. Westgate Drive East-West Project Manual, including bidding and
contract documents, bid quantities and proposal, and specifications.
iii. Westgate Drive East-West Final OPCC (repackaged to include
northern-most portion of Westgate Drive North-South)
E. Separate applications and permitting fees for Texas Department of Licensing
and Regulation (TDLR) for code review of sidewalks and ramps (pedestrian
facilities). TDLR will require a separate submittal since it will be a stand-alone
construction project. TDLR review and inspection fees are included in this fee
reallocation summary.
F. Conduct one (1) City review meeting with City staff after submittal of the 100%
Westgate Drive East-West repackage and address all comments provided
prior to or during said meeting.
G. For this amendment, the task for Bidding and Construction Engineering will be
reduced from $35,290 to $0. It is assumed that additional funds will be needed
for the Bidding and Construction Engineering task in the future, not only for
the Westgate Drive East-West construction phase, but also for the Windsor
Drive and Westgate Drive North-South construction phase. Halff will intend to
prepare a separate amendment for City review and processing, as per
discussion during the November 26, 2024 Team meeting between Halff and
City staff.
III. SCHEDULE
Completion/furnishing of repackaged Westgate Drive East-West 100% final plans,
specifications, bid quantities and construction cost estimate: 60 calendar days from
date of written authorization to begin.
IV. AMENDMENT NO. 3 FEE SUMMARY
XII. Bidding and Construction Engineering ($35,290)
XVII. Westgate Drive East-West Plans Repackage $35,290
Total Contract Amendment No. 3 $0.00
SUMMARY OF THE AMENDED CONTRACT
Original Contract $1,144,280
Amendment No. 1 $62,000
Amendment No. 2 $0
Amendment No. 3 $0
Amended Contract Amount $1,206,280
CITY: ENGINEER:
CITY OF DENTON, TEXAS HALFF ASSOCIATES, INC.
By:_______________________ By:_________________________
Title:______________________ Title:________________________
Date:______________________ Date:_______________________
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
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7599-011 PSA – Amendment #4 Page 1 of 2
FOURTH 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 FOURTH 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”) (collectively, the Original Agreement, the First Amendment, the
Second Amendment, and the Third 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 $81,690 with this Amendment for an aggregate not-to-exceed
amount of $1,287,970; 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 $81,690.
2. This Amendment modifies the Agreement amount to provide an additional $81,690
for the additional services with a revised aggregate not to exceed total of
$1,287,970.
7599-011 PSA – Amendment #4 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:
LAUREN THODEN, CITY SECRETARY
By:
_________________________________
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
_______________ ________________
SIGNATURE PRINTED NAME
__________________________________
TITLE
__________________________________
DEPARTMENT
AMENDMENT NO. 4 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 04 dated March 3, 2025 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 November 13, 2024 to
February 25, 2025, the Engineer is proposing to allocate additional funds to a Phase 1
Bidding and Construction Engineering Task, a Phase 2 Bidding and Construction
Engineering Task, and a CLOMR and LOMR FEMA Application Review Fee Task under
Special Services detailed in the Fee Summary below.
Bidding and Construction Engineering scope of services shall be per Section 11 of the
executed contract dated November 15, 2022.
CLOMR and LOMR FEMA Application Review Fee scope of services shall be per the
CLOMR Application Report and LOMR Application Report sections of the executed
Contract Amendment #1 dated February 22, 2024 with the additional online submittal
details provided below.
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. Online FEMA fee for CLOMR review is $6,500 as of February 2025 and shall
be paid by the Engineer upon contract amendment approval and pending City
approval of the CLOMR and application report. Total fee for this task does
include preparation effort for the online application submittal.
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D. Online FEMA fee for LOMR review is $8,000 (subject to change) as of
February 2025 and shall be paid by the Engineer upon contract amendment
approval and pending City approval of the LOMR and application report. Total
fee for this task does include preparation effort for the online application
submittal.
III. SCHEDULE
For Bidding and Construction Engineering Tasks, the following schedule shall apply:
x Phase 1
o Bidding services: 60 calendar days from City’s approval of final plans
o Construction services: In accordance with construction schedule
(estimated to be 240 total calendar days)
o Closure: 60 calendar days from the date of construction completion
x Phase 2
o Bidding services: 60 calendar days from City’s approval of final plans
o Construction services: In accordance with construction schedule
(estimated to be 480 total calendar days)
o Closure: 60 calendar days from the date of construction completion
For CLOMR and LOMR FEMA Application Review Fee Task, the schedule of online
submittal shall be contingent upon final approval of CLOMR/LOMR application report
and online submittal shall occur immediately following City approval.
IV. AMENDMENT NO. 4 FEE SUMMARY
XVIII. Phase 1 - Bidding and Construction Engineering $27,670
XIX. Phase 2 - Bidding and Construction Engineering $37,960
XX. CLOMR and LOMR FEMA Application Review Fee $16,060
Total Contract Amendment No. 4 $81,690
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
Amended Contract Amount $1,287,970
CITY: ENGINEER:
CITY OF DENTON, TEXAS HALFF ASSOCIATES, INC.
By:_______________________ By:_________________________
Title:______________________ Title:________________________
Date:______________________ Date:_______________________
CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined
by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a) and by City of Denton
Ethics 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 the
date 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. An offense under this section is a
misdemeanor.
1 Name of vendor who has a business relationship with local governmental entity.
2
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 day
after 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 be
completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.00 1(1-a), Local Government 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?
Yes No
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in
this section AND the taxable income is not received from the local governmental entity?
Yes 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
I have no Conflict of Interest to disclose.
5
Signature of vendor doing business with the governmental entity Date
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.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 of one 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 vendor;
(B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more
than $100 in the 12-month period preceding 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 governmental entity, or a family member
of the 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 government 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 day
after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental 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 governmental entity; or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government 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) of a family relationship with a local government officer.
City of Denton Ethics Code Ordinance Number 18-757
Definitions:
Relative: a family member related to a City Official within the third 3rd degree of affinity (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 right-of-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 gifts
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.
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015
Certificate Of Completion
Envelope Id: C4617A12-885A-421B-A4CB-B5E3AF524153 Status: Completed
Subject: Please DocuSign: City Council Contract 7599-011 Westgate Reconstruction Amendment #4
Source Envelope:
Document Pages: 8 Signatures: 6 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
3/19/2025 4:24:58 PM
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: 3/19/2025 4:29:12 PM
Viewed: 3/19/2025 4:29:31 PM
Signed: 3/19/2025 4:29:43 PM
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: 3/19/2025 4:29:45 PM
Viewed: 3/19/2025 4:47:22 PM
Signed: 3/19/2025 4:47:36 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Marcella Lunn
marcella.lunn@cityofdenton.com
Senior Deputy City Attorney
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 3/19/2025 4:47:38 PM
Viewed: 3/20/2025 9:05:41 AM
Signed: 3/20/2025 9:09:24 AM
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: 128.92.196.202
Sent: 3/20/2025 9:09:27 AM
Resent: 3/21/2025 9:55:12 AM
Viewed: 3/21/2025 9:59:36 AM
Signed: 3/21/2025 10:19:51 AM
Electronic Record and Signature Disclosure:
Accepted: 3/20/2025 9:53:57 AM
ID: 6a415f88-4b32-4f09-a51d-b3b74f8049ad
Signer Events Signature Timestamp
Seth Garcia
Seth.Garcia@cityofdenton.com
Interim Director of Capital Projects
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 107.77.218.5
Signed using mobile
Sent: 3/21/2025 10:19:56 AM
Viewed: 3/21/2025 11:11:54 AM
Signed: 3/21/2025 11:12:29 AM
Electronic Record and Signature Disclosure:
Accepted: 3/21/2025 11:11:54 AM
ID: 44b11174-e07a-4eba-8514-970362d03b52
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: 3/21/2025 11:12:32 AM
Viewed: 4/16/2025 10:38:01 AM
Signed: 4/16/2025 10:38:22 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Sara Hensley
sara.hensley@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 4/16/2025 10:38:24 AM
Viewed: 4/16/2025 11:08:56 AM
Signed: 4/16/2025 11:09:15 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Lauren Thoden
lauren.thoden@cityofdenton.com
City Secretary
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 4/16/2025 11:09:18 AM
Viewed: 4/16/2025 12:16:24 PM
Signed: 4/16/2025 12:16:45 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
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: 3/19/2025 4:29:45 PM
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: 3/21/2025 11:12:32 AM
Viewed: 3/24/2025 1:33:05 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
City Secretary Office
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 4/16/2025 12:16:48 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: 4/16/2025 12:16:49 PM
Electronic Record and Signature Disclosure:
Accepted: 3/28/2025 2:41:47 PM
ID: ef1ff0ea-c3a1-4091-b8fe-35d8585d4669
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 3/19/2025 4:29:12 PM
Certified Delivered Security Checked 4/16/2025 12:16:24 PM
Signing Complete Security Checked 4/16/2025 12:16:45 PM
Completed Security Checked 4/16/2025 12:16:49 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. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through your DocuSign, Inc.
(DocuSign) Express user account. Please read the information below carefully and thoroughly,
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 of
this document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
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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 may
request 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 the
speed 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 us
or 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.
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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..
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To request paper copies from City of Denton
To request delivery from us of paper copies of the notices and disclosures previously provided
by 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
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To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
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must state your e-mail, full name, IS Postal Address, telephone number, and account
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consequences of your withdrawing consent for online documents will be that transactions
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** These minimum requirements are subject to change. If these requirements change, we will
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By checking the 'I Agree' box, I confirm that:
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