HomeMy WebLinkAbout26-1494ORDINANCE NO. 26-1494
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL
CORPORATION, AUTHORIZING THE APPROVAL OF A SIXTH AMENDMENT TO A
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND HALFF
ASSOCIATES, INC., AMENDING THE CONTRACT APPROVED BY CITY COUNCIL ON
NOVEMBER 6, 2018, IN THE NOT -TO -EXCEED AMOUNT OF $837,900.00, AMENDED BY
AMENDMENTS 1-5 APPROVED BY PURCHASING AND CITY COUNCIL, SAID SIXTH
AMENDMENT TO PROVIDE DESIGN FOR FULL -DEPTH RECONSTRUCTION AND
UTILITY IMPROVEMENTS ON FERGUSON STREET & COLLEGE STREET AS WELL AS
CITY OF DENTON IT FIBER CONDUIT DESIGN ON LOCUST STREET FOR THE CAPITAL
PROJECTS DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE (FILE 6590-041 — PROVIDING FOR AN
ADDITIONAL SIXTH AMENDMENT EXPENDITURE AMOUNT NOT -TO -EXCEED
$401,884.00, WITH THE TOTAL CONTRACT AMOUNT NOT -TO -EXCEED $2,432,693.00).
WHEREAS, on November 6, 2018, by Ordinance No. 18-1662, the City awarded a contract
to Halff Associates, Inc., in the amount of $837,900.00, for architect or engineering services for the
Locust and Elm Street water, wastewater, and drainage improvements project; and
WHEREAS, on June 19, 2019, Purchasing awarded a First Amendment to Halff Associates,
Inc., in the amount of $40,300.00, to add Austin Street utilities to the Locust and Elm Street water,
wastewater, and drainage improvements project; and
WHEREAS, on May 13, 2020, Purchasing awarded a Second Amendment to Halff
Associates, Inc., for the 5% reduction of labor rates during the COVID-19 pandemic; and
WHEREAS, on January 12, 2021, by Ordinance No. 21-017, the City Council awarded a
Third Amendment to Halff Associates, Inc., in the amount of $177,840.00, to provide additional
surveying and engineering services necessary for the design of the water mains, sanitary sewers,
storm sewers, and culverts in Elm Street and Locust Street, and a drainage study of North Pecan
Creek and Pecan Creek; and
WHEREAS, on June 28, 2022, by Ordinance No. 22-1248, the City Council awarded a
Fourth Amendment to Halff Associates, Inc., in the amount of $84,000.00, to provide a Drainage
Study on Oakland Street for the Capital Improvement Projects Department; and
WHEREAS, on February 6, 2024, by Ordinance No. 24-155, the City Council awarded a
Fifth Amendment to Halff Associates, Inc., in the amount of $890,679.00, to provide the design for
the full depth reconstruction and utility improvements surrounding the square for the Capital
Improvement Projects Department; and
WHEREAS, this procurement was undertaken as part of the City's governmental function;
and
WHEREAS, the additional fees under the proposed Sixth Amendment are fair and reasonable
and are consistent with, and not higher than, the recommended practices and fees 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 ORDAINS:
SECTION 1. The Sixth Amendment, increasing the amount of the contract between the City
and Halff Associates, Inc., which is on file in the office of the Purchasing Agent, in the amount of
Four Hundred One Thousand Eight Hundred Eighty Four and 0/100 ($401,884.00) Dollars, is hereby
approved, and the expenditure of funds therefor is hereby authorized in accordance with said
amendment which shall be attached hereto. The total contract amount increases to $2,432,693.00.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by George Ferrie and
seconded by suzi Rumohr The ordinance was passed and approved by the
following vote [ - O:
Aye Nay Abstain Absent
Mayor Chris Watts:
Jordan Villarreal, District 1:
Nick Stevens, District 2:
Suzi Rumohr, District 3:
Joe Holland, District 4:
George Ferrie, At Large Place 5:
Jill Jester, At Large Place 6:
PASSED AND APPROVED this the 13th
ATTEST:
KRISTI GILBERT, CITY SECRETARY
BY: / //51�
V
day of October , 2026.
cwol(
CHRIS WATTS, MAYOR
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
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I CITY
OF
DENTON
Docusign City Council Transmittal Coversheet
Psa
6590-041
File Name
Elm & Locust Drainage Improvement - amendment #6
Purchasing Contact
Cori Power
City Council Target Date
Piggy Back Option
Not Applicable
Contract Expiration
Ordinance
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SIXTH AMENDMENT TO CONTRACT
BY AND BETWEEN THE CITY OF DENTON, TEXAS
AND HALFF ASSOCIATES, INC.
PSA 6590-041
THE STATE OF TEXAS
COUNTY OF DENTON
THIS SIXTH AMENDMENT TO CONTRACT 6590-041 ("Amendment") by and
between the City of Denton, Texas ("City") and Halff Associates, Inc. ("Engineer"); to that
certain contract executed on November 6, 2018, in the original not -to -exceed amount of
$837,900 (the "Original Agreement"); amended on June 19, 2019 in the additional amount
of $40,300 aggregating a not -to -exceed amount of $878,200 (the "First Amendment");
amended on May 13, 2020 for a 5% billing rate reduction (the "Second Amendment");
amended on January 12, 2021 in the additional amount of $177,840 aggregating a not -to -
exceed amount of $1,056,040 (the "Third Amendment"); amended on June 28, 2022 in the
additional amount of $84,000 aggregating a not -to -exceed amount of $1,140,040 (the
"Fourth Amendment"); amended on February 6, 2024 in the amount of $890,769
aggregating a not -to -exceed amount of $2,030,809 (the "Fifth Amendment") (collectively,
the Original Agreement, the First Amendment, the Second Amendment, the Third
Amendment, the Fourth Amendment, and the Fifth Amendment are the "Agreement") for
services related to the design of Locust and Elm Street Water, Wastewater and Drainage
Improvement 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 $401,884.00 with this Amendment for an aggregate not -to -exceed
amount of $2,432,693.00; 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:
The additional services described in Exhibit "A" of this Amendment, attached
hereto and incorporated herein for all purposes, for professional services related to
the North Pecan creek culvert amendment to Locust St and Elm St Water,
Wastewater and Drainage Improvement 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
6590-041 PSA —Amendment 6 Page 1 of 2
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attached as Exhibit "A" to this Amendment, a total fee, including reimbursement
for non -labor expenses an amount not to exceed $401,884.00.
2. This Amendment modifies the Agreement amount to provide an additional
$401,884.00 for the additional services with a revised aggregate not to exceed total
of $2,432,693.00.
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.
Signed by:
B `j' '^ _ • �KA& Operations Manager
y ��5��
AUTHORIZED SIGNATURE, TITLE
"CITY"
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
APPROVED AS TO LEGAL FORM: ATTEST:
MACK REINWAND, CITY ATTORNEY
Signed by: By:
By: —
zo leDAa
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
Signed by:
St�(�.V'Gia
SIGNAT URE
Seth Garcia
PRINTED NAME
Director of Capital Projects
TITLE
Capital Projects
DEPARTMENT
6590-041 PSA —Amendment 6 Page 2 of 2
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EXHIBIT A
AMENDMENT NO. 6 TO PROFESSIONAL SERVICES AGREEMENT
ADDITIONAL SERVICES
North Pecan Creek Culvert Changes Amendment to
Locust Street and Elm Street
Water, Wastewater and Drainage Improvement Project
FILE 6590-041
This amendment is to add engineering and survey services to the original contract
File 6590-041, which was executed on November 6, 2018.
1. DESCRIPTION
The City of Denton desires changes to the culvert and channel configuration for the
North Pecan Creek crossing at Locust Street. Halff Associates, Inc. will revise the
previously prepared construction plans to accommodate these changes. The
previously prepared paving, water line, sanitary sewer line and storm drainage design
will be revised as necessary to accommodate the culvert changes. Previously
prepared easement parcels will be revised as necessary, and new right-of-way and
easement parcels will be prepared to accommodate the changes.
Halff will provide the following Additional Services:
2. PROJECT MANAGEMENT
A. Manage the Team:
• Lead, manage and direct design team activities
• Ensure quality control is practiced in performance of the work
• Communicate internally among team members
• Allocate team resources
B. Communications and Reporting:
• Conduct up to 36 monthly update meetings (virtual) with the City.
• Conduct review meetings with the City after submittal of revised 100%
design plans.
• Prepare and submit monthly invoices in the format acceptable to the City.
3. SUPPLEMENTAL DESIGN SURVEY
Supplemental design survey information shall be obtained for adjusted culvert and
channel alignments at the following locations:
1. Complete property limits at 800 N. Locust Street.
2. Complete property limits at 801 N. Locust Street
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The Consultant shall provide surveying services, which, in general, may be defined
as normal services applicable to a project of this type. The following particulars will
also apply.
A. Vertical benchmarks shall be established such that all points of construction
shall be within 500 feet of an established City of Denton benchmark.
Benchmarks should not be subject to loss during construction. Fire hydrants
and similar appurtenances are not to be used for benchmarks. The surveyor
shall establish temporary benchmarks throughout the length of the project.
B. Topographic features will be surveyed along with any and all other features
needed for design, review, permitting, construction, and inspection of the
project. Coverage will extend beyond the proposed rights -of -way far enough
to integrate the design with the adjacent properties.
C. Existing property corners, iron pins, etc. shall be tied in order to establish
existing rights -of -way and property boundaries.
4. RIGHT-OF-WAY REQUIREMENTS
The Consultant shall evaluate where right-of-way may be required.
A. Prepare a preliminary list of right-of-way parcels necessary to construct the
project. Submit to the City of Denton as soon as possible and prior to the final
plan submittal.
B. Preparation of a Boundary Map/Right-of-Way Strip Map that will include:
• City title block
• Property owner name, address, and recording information of deed
• Location of all existing property pins and monuments
• Location of easements of record
• Existing rights -of -way
• Location of proposed easement pins
• Easement areas
• Parcel numbers
• All of the above shall be placed on standard plan sheets and bear the seal
of a Texas Licensed Professional Engineer.
C. Meet with the City of Denton Staff to determine right-of-way requirements for
preparation of field notes and exhibits.
D. A maximum of two (2) new right-of-way parcels or permanent drainage
easements and two (2) new temporary construction easements may be
required for the project. A maximum of four (4) existing parcels may require
revisions.
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E. Individual Exhibits for each parcel shall be prepared to contain the following:
• Area required
• Parcel number
• Property owner name, mailing address, and volume and page of deed
• Existing easements
• Exhibits will be drawn to scale
• All of the above shall be placed on one page of 8-1/2" x 11" paper, labeled
as Exhibit "B" and signed and sealed by a Texas Registered Professional
Land Surveyor.
F. Legal descriptions for each parcel shall reference the volume, page, and owner
of the parent tract and shall be incorporated into a standard City of Denton
conveyance document as Exhibit "A". Individual parcels will be cross-
referenced on the plans. Front end documents shall be provided by the City.
G. Submit right-of-way documents to the City and make necessary corrections.
H. Upon approval of the right-of-way by the City, and if required, the Consultant
shall stake and flag the right-of-way for inspection by the appraiser and property
owner. The documents, including legal description, shall be furnished to the
City in Microsoft Word and PDF format.
5. RIGHT-OF-WAY ACQUISITION SERVICES
The Consultant shall provide Right -of -Way services, including acquisition services,
negotiations, and property valuations which, in general, may be defined as normal
services applicable to a project of this type. The following particulars will also apply.
A. Project Administration:
1. Communication:
a. Maintain status reports of all parcel and project activities and provide
weekly to City.
b. Provide schedule of all areas of work indicating anticipated start and
end dates.
c. Attend weekly status meetings.
d. Prepare initial property owner contact list for use by City in
distribution of ROW Consultant introduction letters.
e. ROW Consultant will visit project site with City Personnel.
2. File Management:
a. Project and parcel files will be kept at the City. Working files will be
kept in the ROW Consultant's project administrative office, but
documents generated or received by the ROW Consultant will be
forwarded to the City as they are generated or received by the ROW
Consultant.
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b. Maintain records of all payments including warrant/check number,
amount, and date paid, etc.
c. Maintain copies of all correspondence and contacts with property
owners
B. Negotiation Services:
1. Secure preliminary title commitment or preliminary title search and 5-year
sales data from the title company that will be providing title insurance.
2. The charges from the Title Company for the preliminary title commitments
will be paid by the City and are not be included in the Consultant's
negotiated fee schedule.
3. Secure title commitments updates in accord with insurance rules and
requirements for parcel payment submissions. The charges from the Title
Company for the update of the title commitment will be paid by City and
should not be included in the Consultant's negotiated fee schedule.
4. Secure title insurance for all parcels acquired, insuring acceptable title to
City. Written approval by City required for any exception. The charges
from the Title Company for the update of the title insurance will be paid by
City and should not be included in the Consultant's negotiated fee
schedule.
5. The curative services necessary to provide clear title to the City is the
responsibility of the Consultant and is to be included in the negotiated fee
schedule for this service. Note: the Consultant's curative services do not
include cost/expenses that qualify as payment of incidental expenses to
transfer real property to the City.
6. The Consultant has the responsibility of direct contact with the Title
Company to obtain an updated title commitment along with other forms
and certified copy of the instrument of conveyance when requesting the
Parcel Payment from the City.
7. The Consultant provides closing services in conjunction with the Title
Company and at the discretion of the City may be required to attend
closings.
8. Any fee related to obtaining certified court documents and fees for
recording same which are not collected at the closing of the parcel shall
be direct pass -through fees.
9. Consultant shall cause the recordation of all original instruments
immediately after closing at the respective County Clerk's Office. The cost
of recording fees and filing fees are paid by the City and should not be
included in the Consultant's negotiated fee schedule.
10. Analyze appraisal and appraisal review reports and confirm City's
approved value prior to making offer for each parcel.
11. Analyze preliminary title report to determine potential title problems,
propose methods to cure title deficiencies.
12. Prepare and send the letter transmitting the Landowners' Bill of Rights by
Certified Mail -Return Receipt Requested (CMRRR).
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13. Prepare the initial offer letter, memorandum of agreement, instruments of
conveyance, and any other documents required or requested by City on
applicable forms.
14. Contact each property owner or owner's designated representative, to
present the written offer in person where practical, and deliver appraisal
report and required brochures. Maintain follow-up contacts and secure
the necessary instruments upon acceptance of the offer for the closing.
15. Provide a copy of the appraisal report for the subject property exclusively
to the property owner or authorized representative at the time of the offer.
Maintain original signed Receipt of Appraisal for billing purposes.
16. Respond to property owner inquiries verbally and in writing within two
business days.
17. Prepare a separate negotiator contact report for each parcel per contact
on approved form.
18. Maintain parcel files of original documentation related to the purchase of
the real property or property interests.
19. Advise property owner on the counteroffer process. Transmit to City any
written counteroffer from property owners including supporting
documentation, and Consultant recommendation regarding counteroffers
in accordance with City policy and procedures.
20. Prepare final offer letter, documents of conveyance as necessary.
21. Appear and provide Expert Witness testimony as a Consultant when
requested. The cost of the Consultant's expert witness testimony for trial is
not part of this contract.
C. Initial Appraisal Services:
1. Consultant shall engage subconsultant to provide appraisal services.
2. Appraisers should provide advance notice of the date and time of their
appraisal inspections of the subject property to the Consultant's Project
Administrator in order to coordinate the appraiser's inspection.
3. Secure written permission from the owner to enter the property from which
real estate is the be acquired. If the Appraiser, after diligent effort, is
unable to secure the necessary letter of permission from the property
owner, a waiver must be obtained in writing from the City.
4. Prepare and conduct personal pre -appraisal contact with interest owner(s)
for each parcel using acceptable City forms.
5. Contact property owners or their designated representative to offer
opportunity to accompany the appraiser on the appraiser's inspection of
the subject property. Maintain record of contract in file.
6. For the initial appraisal, prepare complete appraisal report for each parcel
to be acquired. These reports shall conform to City policies and
procedures along with the Uniform Standards of Professional Appraisal
Practices as promulgated by the Appraisal Foundation.
7. As necessary, prepare written notification to the City of any environmental
concerns associated with the right of way to be acquired, which could
require environmental re -mediation.
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8. All completed appraisals will be administratively reviewed by the City staff
and recommend for approval by the City staff.
9. City staff coordinate with Consultant's review appraiser (if applicable)
regarding revisions, comments, or additional information that may be
required. The Consultant's review appraiser will then coordinate with the
appraiser.
10. As necessary, the appraiser will coordinate with the review appraiser
regarding revisions, comments, or additional information that may be
required.
11. The fees for initial appraisal assignments are based on separate appraisal
assignments.
12. Beyond delivery of initial appraisal assignments, the appraiser can be
called to provide preparation and testimony for a Special Commissioners
Hearing. For this appraisal assignment, the fee for the preparation time
and testimony must be based on the hourly rate shown in the Consultant's
Fee Schedule.
D. Relocation Assistance:
Relocation Assistance Services for Residential, Business and Personal
Property
1. Notify all Displacees and potential Displacees of eligibility for relocation
assistance. At the time of initial contact, provide Displacees with a
Relocation Assistance Packet consisting of;
• Relocation Advisory Assistance — Parcel Record form
• Displacee Move Plan
• Certification of Eligibility
• Relocation Assistance Brochure
2. Provide on -going relocation assistance and advisory services to
Displacees affected by acquisition of the property and deliver a completed
Relocation Advisory Assistance — Parcel Record form signed by the
Displacee to the City.
3. Compute and submit request for relocation housing/rental supplement to
the Town Project Manager on the Supplemental Payment Estimate,
Replacement Housing form with supporting Residential Property
Evaluation forms with photos attached.
4. Provide 90-day notice to vacate, if required by the City, simultaneously
with the delivery of relocation benefits package.
5. Provide 30-day notice once property has been acquired by the City. Note:
the Displacee must be given no less than 90-day notice.
6. Notify the City Project Manager immediately if Displacee does not move
after the 30-day notice expires.
7. Perform a decent, safe, and sanitary inspection of the replacement
housing in accordance with City and State of Texas policy. Prepare and
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complete Replacement Housing Inspection form and submit to the City
Project Manager.
8. For non-residential moves, Negotiated Self -Moves
a. If a moving plan exceeds $20,000, prepare moving plan with
appropriate photos and sketches along with inventory of personal
property to be moved for non-residential moves. This is required for
pre -approval by the City.
b. If the moving plan for a Negotiated Self -Move is less than $20,000
the Consultant must submit Negotiated Self -Move Request with
moving plan for the business owner or tenant. This includes photos,
written inventory list, type of move requested, and project move date.
9. For all Negotiated Self -Moves, the Consultant is responsible for requesting
moving estimates from moving companies. Moving estimates must be
obtained by the Consultant and not the Displacee. Moving estimates must
be prepared in writing and in the name of the City and not the Consultant.
10. Coordinate and monitor moves with displaced homeowners, business
owners, and tenants and with moving companies in accordance with State
and City procedures.
11. Maintain relocation contact logs on Relocation Advisory Assistance -
Parcel Record form journaling all attempted and completed contacts with
all parties. This includes descriptions of the reasons and outcome for
each contact.
12. Attend closings on replacement property if requested by any party
involved, and assure supplemental payment is properly distributed.
13. Process and compute increased interest payments as required.
14. Relocation agent shall be available for any appeals or hearings. For this
assignment, the fee for preparation and testimony will be a reasonable
hourly rate, preapproved in writing by the City Project Manager.
15. Prepare all relocation payment claim submissions for all Displacees in
accordance with State and City guidelines.
16. Deliver warrants in accordance with City guidelines.
E. Additional Services:
Additional services to be performed by Consultant, if authorized in writing by
the City, which are not included in the above -described Basic Services, are
described below:
1. Condemnation Support (additional service)
Consultant shall not act as the attorney for condemnation purposes. City
must self -perform legal services or contract with third party attorney.
Consultant shall provide those support services to City or to City's attorney
as described below:
a. Pre -Hearing Support
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1. Request updated Title Commitment from title Company.
2. Use information from the Title Commitment to identify interested
parties. *
3. Submit information packet as requested by Condemning
Attorney.
4. Request update of appraisal.
5. File original petition with County Court at Law or other
appropriate Court for a cause number to be assigned.
6. File Lis Pendens including the cause number with the County
Clerk's Office
7. Upon assignment of a court, file the Order Appointing
Commissioners with the judge, retaining a copy of the Order for
the files.
8. Following appointment of Commissioners by the judge, secure
Oath of Commissioners signed by the Commissioners, Order
Setting Hearing and Notice of Hearing signed by the
Commissioners.
9. File all originals with the court and send copies to City and
Condemning Attorney.
b. Post -Hearing Support
1. File Award of the Commissioners with the court for the Judge's
signature within 48 hours of hearing, unless on Friday or before
a holiday when court will not be open.
2. Obtain certified copy of Award and provide to City with request
for funding in amount of Award.
3. Obtain Commissioners' Fees and submit to City for payment.
4. File Award payment in registry of the court, file Notice of Deposit
with the court and send certified copies to each defendant
notifying them of the date of deposit. The Date of Deposit is the
Date of Take.
5. Send written notices of the date of deposit to the City and all
interested parties.
* Updated Title Commitments shall be paid directly by City. Please refer
to 5.E.1.a.2 Title and Closing Services.
2. Updated Appraisal Service
a. Appraisers should provide advance notice of the date and time of
their appraisal inspections of the subject property to the Consultant's
Project Administrator in order to coordinate the appraiser's
inspection.
b. Secure written permission from the owner to enter the property from
which real estate is the be acquired. If the Appraiser, after diligent
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effort, is unable to secure the necessary letter of permission from the
property owner, a waiver must be obtained in writing from the City.
c. Prepare and conduct personal pre -appraisal contact with interest
owner(s) for each parcel using acceptable City forms.
d. Contact property owners or their designated representative to offer
opportunity to accompany the appraiser on the appraiser's
inspection of the subject property. Maintain record of contract in file.
e. For an updated appraisal, prepare complete appraisal update for the
parcel to be acquired. These reports shall conform to City policies
and procedures along with the Uniform Standards of Professional
Appraisal Practices.
f. As necessary, prepare written notification to the City of any
environmental concerns associated with the right of way to be
acquired, which could require environmental re -mediation.
g. All completed appraisals will be administratively reviewed by the City
staff and recommend for approval by the City staff.
1. City staff coordinate with Consultant's review appraiser (if
applicable) regarding revisions, comments, or additional
information that may be required. The Consultant's review
appraiser will then coordinate with the appraiser.
h. The fees for initial and updated appraisal assignments are based on
separate appraisal assignments.
i. Beyond delivery of update appraisal assignments, the appraiser can
be called to provide preparation and testimony for a Special
Commissioners Hearing. For this appraisal assignment, the fee for
the preparation time and testimony must be based on an agreed
hourly rate.
3. Miscellaneous
a. Testimony for Hearing(s) or appeals.
b. Document/Form establishment.
c. Reporting outside of typical status reports.
F. Services to be provided by the City include, but are not limited to the following:
1. Provide timely reviews and approval of submissions.
2. Process and issue all warrants for payment of approved purchase
prices for each parcel, relocation payment, and incidental expense
involved in the transfer of property to City in accordance with State
law.
3. Provide a copy to the Consultant's performance evaluation at end
of project or as needed throughout the project.
4. Initiate, coordinate, and administer environmental investigation
surveys.
5. Pay direct costs of preliminary title commitment, updates and title
insurance for all parcels acquired.
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6. DRAINAGE STUDY
Changes to the culvert and channel configuration at North Pecan Creek and Locust
Street will require updating the HEC-RAS floodplain model, the HEC-HMS hydrology
model, and the Infoworks ICM models to ensure that the changes do not adversely
impact the drainage hydraulics for the previously evaluated future conditions
scenarios. An addendum to the previously issued report will summarize these efforts
and results along with an updated no rise certification.
7. CONSTRUCTION PLANS
The Consultant shall revise construction plans for review, permitting, bidding,
construction, inspection and record keeping. In general, construction plans shall be
consistent with normal practice for projects of this nature. The construction plans
revisions will generally consist of following:
A. Revised Cover Sheet and Sheet Index: The cover sheet and index shall be
revised as necessary for added and removed sheets.
B. Revised Project General Notes and Legend: These sheets will include a listing
of abbreviations, legend, and general notes.
C. Revised ROW Map Sheet: The ROW map will be revised as necessary for
changes to proposed ROW and easement acquisition.
D. Revised Paving Demolition Sheets: Demolition sheets will be revised to
account for changes to paving limits.
E. Revised Locust Paving Plan Sheets: Paving plan sheets will be revised to
account for the new culvert and channel configuration including profile
adjustments. Driveway profiles will also be revised as necessary.
F. Revised Locust Street and Culvert Grading Plans: Grading plan sheets will be
revised to account for the new culvert and channel configuration including
profile adjustments.
G. Revised Retaining Wall Plan and Profile Sheets: Retaining wall plan sheets will
be revised to account for the new culvert and channel configuration including
profile adjustments. Structural details will also be revised to reflect changes to
the wall design.
H. Revised Drainage Plans: Halff will update the drainage area map and
calculations to support the changes to the closed conduit system and determine
any additional inlets needed to appropriately convey runoff for the street
corridor.
I. Revised Plan and Profile Sheets (Storm Drain, Water, and Sanitary Sewer):
Plan -profile sheets will be revised as necessary to reflect adjusted culvert and
Docusign Envelope ID: FE9E30D4-BD29-8C17-82F7-F70C0461DC65
channel improvements. The plan and profiles shall be adjusted for selected
culvert alternative.
J_ Cross Sections: Cross sections will be revised to reflect changes to the
pavement layout and profile changes.
K. Miscellaneous: Construction plans will also be revised to address erosion
control, traffic control, pavement markings and signage, fiber optic conduit,
details, and other improvements.
L. Review Plans: Revised final plans shall be prepared and submitted at the 100%
milestone. Also, the Consultant may submit plan sheets or working drawings
to the City for review and comment to reduce the number of revisions that
otherwise would be required. During development of the plans, the Consultant
shall attend meetings as needed. The Consultant shall, in company with the
City, perform one plans -in -hand review for each submittal. Deliverables for
each design submission are as follows:
(1) 100% Pre -Final Design Package
(a) Information provided in previous design package revised to
accommodate the adjusted culvert and channel layout.
(b) Revised project manual and technical specifications.
(c) Updated engineer's 100% Pre -Final Opinion of Probable
Construction Cost
(2) 100% Final Design Package
(a) Information provided in previous design package revised per City
comment, signed and sealed for bidding.
(b) Engineer's 100% Final Opinion of Probable Construction Cost
M. Design: The design of the project shall be in general accordance with the City
of Denton ordinances, standard details, and good Consulting practices. It is
assumed that all improvements shall be contained in one bid package. During
the design phase, the Consultant shall contact various utility companies and
obtain information relating to existing utility lines. The design should avoid
major utility relocations, where practical. When required, proposed relocations
or replacements will be shown in plan and profile.
N. Prints: One (1) 11x17 set of plans and electronic files in PDF format shall be
submitted to the City for each review stage. The Consultant will upload a set of
plans in PDF format to the City's PROCORE submission software at each
project milestone.
O. General: Construction plans shall be furnished half-size. The Consultant will
provide one 11 x1 7 set of vellum plans and electronic pdf files for bidding and
construction. The City's standard format shall be used. Electronic files in PDF
and DGN or DWG format shall be provided to the Contractor for use during
construction.
Docusign Envelope ID: FE9E30D4-BD29-8C17-82F7-F70C0461 DC65
P. Specifications: The Consultant shall prepare a revised project manual and
technical specifications required for bidding and constructing the project. The
project manual will be provided in the City's standard format. Only
specifications amending or supplementing the City's specifications need be
furnished. Project manual, specifications, bid items and quantities shall be
furnished on hard copy and by electronic file.
8. BID AND CONSTRUCTION ADMINISTRATION
A. Bidding — During the bidding phase, the Consultant will prepare bid documents
and assist the City in advertising the project for bids. The Consultant will
address technical questions and prepare addenda and issue to the bidders.
The Consultant shall attend a pre -bid meeting and prepare minutes. The
Consultant will tabulate bids and make recommendation for award of contract.
B. Construction: Construction time is assumed at 730 calendar days.
(1) Attend a pre -construction meeting and monthly progress meetings as
required. Document each meeting with written minutes.
(2) After the pre -construction meeting, the Consultant shall provide project
exhibits and attend one (1) public meeting to help explain the proposed
project to residents. The City shall select a suitable location and mail the
invitation letters to the affected residents.
(3) Review shop drawings and Contractor submittals.
(4) Review laboratory test reports on materials and equipment.
(5) Prepare and negotiate Change Orders between the Contractor and the
City.
(6) Attend Monthly Construction Meetings
(7) Prepare record drawings from information supplied by the Contractor.
(8) Attend final inspection and assist in preparation of a punch list report.
C. Closure — The Consultant shall prepare "record" plans, incorporating all
changes and known variations to provide the City the best possible set of
record drawings. The final record drawings shall be furnished in.pdf format.
CADD files shall be furnished as well.
9. EXCLUSIONS
Other additional services, not included in this contract, will be negotiated with the City
as needed. Compensation will be based upon a mutually agreed lump sum fee or an
hourly rate as described below. Items that are considered additional services include:
• Attendance or preparation for City Council Meetings
• Full tree preservation/mitigation plan
• Landscape architecture and irrigation design
• Revisions to plans requested by the City after plans are approved
• Permit fees, filing fees, pro -rated fees, impact fees and taxes
• Property acquisition or negotiations other than stipulated in the "5.
Right -of -Way Services" section.
Docusign Envelope ID: FE9E30D4-BD29-8C17-82F7-F70C0461DC65
• Design of sanitary sewer, gas, telephone, or other utility improvements
except as noted herein
• Graphic products except as noted herein
• Design of utilities or other improvements outside of the project
boundary or roadway rights of way (not in scope)
• Design of utilities or modifications to utilities within a building
• SWPPP preparation
• Environmental assessments
• Section 404 Permitting
• Construction staking
• FEMA CLOMR and/or LOMR submittal
• Hydrologic and Hydraulic analysis other than stipulated in the "8.
Drainage Study" section.
• Advanced, 2D hydraulic analysis
• Sediment transport analysis
• Scour analysis
• Preparation of an Individual Permit
• Preparation of a pedestrian survey for cultural resources
• Illumination design and lighting study.
• Traffic signal design
• Construction inspection
• Construction material testing
10.SCHEDULE
The Scope of Services for this PROJECT is based on the following schedule:
A. Completion of supplemental design surveys: 45 calendar days from date of
written authorization to begin work.
B. Completion/furnishing Revised 100% pre -final plans, specifications, bid
quantities, and OPCC: 90 calendar days from receipt of 60% review comments
and plan review meeting.
C. Completion/furnishing 100% final signed and sealed plans, specifications, bid
quantities, and OPCC: 60 calendar days from receipt of 100% pre -final review
comments and plan review meeting.
D. Bidding services: Based on City's timeline for bidding project. Expected within
18 months of signed and sealed plans.
E. Construction services: In accordance with construction schedule (assumed 730
calendar days total)
F. Closure: 60 calendar days from the date of construction completion.
Docusign Envelope ID: FE9E30D4-BD29-8C17-82F7-F70C0461 DC65
11.AMENDMENT NO. 6 FEE SUMMARY
Project Management
$40,000
Supplemental Survey
$12,000
Right -of -Way Requirements
$23,000
Right -of -Way Acquisition Services
$87,884
Drainage Study Updates
$15,000
Construction Plans
$123,000
Bidding and Construction Administration
$101,000
Total Contract Amendment No. 6
$401,884
SUMMARY OF THE AMMENDED CONTRACT
Original Contract
$837,900
Amendment No. 1
$40,300
Amendment No. 2
$0
Amendment No. 3
$177,840
Amendment No. 4
$84,000
Amendment No. 5
$890,769
Amendment No. 6
$401,884
Amended Contract Amount
$2,432,693
Docusign Envelope ID: FE9E30D4-BD29-8C17-82F7-F70C0461 D 65Exhibit CIQ
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.
Name of vendor who has a business relationship with local governmental entity.
Halff associates, Inc.
2
Check this box if you are filing an update to a previously filed questionnaire.
X
(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.
None
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 176.001(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?
F—x]
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?
Fx—]
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?
0
Yes No
D. Describe each employment or business and family relationship with the local government officer named in this section.
None
4
X 1 have no Conflict of Interest to disclose.
5 Signed by:
'I
�a Bel , SwttTu, 8/17/2026
Signature o veritlOY9SolrigFBusiness with the governmental entity Date
Docusign Envelope ID: FE9E30D4-BD29-8C17-82F7-F70C0461 DC65
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
A complete copy of Chapter 176 of the Local Government Code maybe found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG. 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 aperson 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 ofthe officer one or more gifts that have an aggregate value ofmore
than$100 in thel2-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 4176.006(a) and (9-1)
(a) Avendor 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
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 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 3' 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,
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
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.
provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015
a docusign.
Certificate Of Completion
Envelope Id: FE9E30D4-BD29-8C17-82F7-F70C0461 DC65 Status: Sent
Subject: Please DocuSign: City Council Contract 6590-041 Elm & Locust Drainage Improvement - Amendment #6
Source Envelope:
Document Pages: 19 Signatures: 4 Envelope Originator:
Certificate Pages: 6 Initials: 1 Cori Power
AutoNav: Enabled 901 B Texas Street
Envelopeld Stamping: Enabled Denton, TX 76209
Time Zone: (UTC-06:00) Central Time (US & Canada) cori.power@cityofdenton.com
IP Address: 198.49.140.10
Record Tracking
Status: Original
Holder: Cori Power
Location: DocuSign
8/12/2026 10:53:20 AM
cori.power@cityofdenton.com
Signer Events
Signature
Timestamp
Cori Power
Completed
Sent: 8/12/2026 11:00:38 AM
cori.power@cityofdenton.com
Viewed: 8/12/2026 11:02:01 AM
Purchasing Supervisor
Signed: 8/12/2026 11:02:13 AM
City of Denton
Using IP Address: 198.49.140.10
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Electronic Record and Signature Disclosure:
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Lori Hewella'
Sent: 8/12/2026 11:02:14 AM
lori.hewell@cityofdenton.com
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Signed: 8/12/2026 11:07:09 AM
City of Denton
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Leah Bush by, Sent: 8/12/2026 11:07:12 AM
leah.bush@cityofdenton.com ESi,n,d
bX4 Viewed: 8/12/2026 11:37:33 AM
Assistant City Attorney 3A6254145BDA409 Signed: 8/12/2026 11:54:34 AM
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by:David M. Smith ESillld Sent: 8/12/2026 11:54:37 AM
Dsmith@halff.com mia h, SM& Viewed: 8/17/2026 9:34:54 AM
Operations Manager FBB455CBF4D34F9... Signed: 8/17/2026 9:38:10 AM
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre -selected Style
Using IP Address: 192.108.242.110
Electronic Record and Signature Disclosure:
Accepted: 8/17/2026 9:34:54 AM
ID:3d6709cb-cb4d-497b-9cbf-f427c78125a7
Signer Events
Seth Garcia
Seth.Garcia@cityofdenton.com
Director of Capital Projects
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 8/17/2026 9:50:40 AM
ID:c930dd44-620a-4187-9338-703d812e0f07
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
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Cassey Ogden
Cassey.Ogden@cityofdenton.com
Security Level: Email, Account Authentication
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Kristi Fogle
Kristi. Fog le@cityofdenton.com
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ID:Oad5b3e9-7b42-4e0f-a98b-d6d0eed26793
In Person Signer Events
Editor Delivery Events
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Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
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Electronic Record and Signature Disclosure:
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Signature
Sig1/ned by:
S Gat^Cia
A13701 F6BC954FC...
Signature Adoption: Pre -selected Style
Using IP Address: 198.49.140.10
Signature
Status
Status
Status
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Status
COPIED
Timestamp
Sent: 8/17/2026 9:38:12 AM
Viewed: 8/17/2026 9:50:40 AM
Signed: 8/17/2026 9:58:41 AM
Sent: 8/17/2026 9:58:43 AM
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Carbon Copy Events Status Timestamp
Gretna Jones COPIED Sent: 8/17/2026 9:58:43 AM
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Legal Secretary
City of Denton
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citysecretary@cityofdenton.com
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Taylor Holt
Taylor.Holt@cityofdenton.com
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ID: 1 d43a3b4-6cf9-4fa9-8f18-Ofb4cf574194
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Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: David M. Smith, Seth Garcia, Kristi Fogle, Taylor Holt
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SIXTH AMENDMENT TO CONTRACT
BY AND BETWEEN THE CITY OF DENTON, TEXAS
AND HALFF ASSOCIATES, INC.
PSA 6590-041
THE STATE OF TEXAS §
COUNTY OF DENTON §
THIS SIXTH AMENDMENT TO CONTRACT 6590-041 (by and
between the City of Denton, and Halff Associates, Inc. Engineer); to that
certain contract executed on November 6, 2018, in the original not-to-exceed amount of
$837,900 June 19, 2019 in the additional amount
of $40,300 aggregating a not-to-exceed amount of $878,200
amended on May 13, 2020 for a 5% billing rate reduction
amended on January 12, 2021 in the additional amount of $177,840 aggregating a not-to-
exceed amount of $1,056,040 June 28, 2022 in the
additional amount of $84,000 aggregating a not-to-exceed amount of $1,140,040 (the
; amended on February 6, 2024 in the amount of $890,769
aggregating a not-to- (collectively,
the Original Agreement, the First Amendment, the Second Amendment, the Third
Amendment, the Fourth Amendment, and the Fifth Amendment
services related to the design of Locust and Elm Street Water, Wastewater and Drainage
Improvement 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 $401,884.00 with this Amendment for an aggregate not-to-exceed
amount of $2,432,693.00; 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
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
hereto and incorporated herein for all purposes, for professional services related to
the North Pecan creek culvert amendment to Locust St and Elm St Water,
Wastewater and Drainage Improvement 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
6590-041 PSA Amendment 6 Page 1 of 2
A
for non-labor expenses an amount not to exceed $401,884.00.
2. This Amendment modifies the Agreement amount to provide an additional
$401,884.00 for the additional services with a revised aggregate not to exceed total
of $2,432,693.00.
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. CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By: ________________________________ By:
AUTHORIZED SIGNATURE, TITLE _______________________________
APPROVED AS TO LEGAL FORM: ATTEST:
MACK REINWAND, CITY ATTORNEY
By:
By: _________________________________
_________________________________
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
_______________ ________________
SIGNATURE PRINTED NAME
__________________________________
TITLE
__________________________________
DEPARTMENT
6590-041 PSA Amendment 6 Page 2 of 2
EXHIBIT A
AMENDMENT NO. 6 TO PROFESSIONAL SERVICES AGREEMENT
ADDITIONAL SERVICES
North Pecan Creek Culvert Changes Amendment to
Locust Street and Elm Street
Water, Wastewater and Drainage Improvement Project
FILE 6590-041
This amendment is to add engineering and survey services to the original contract
File 6590-041, which was executed on November , 2018.
1.DESCRIPTION
The City of Denton desires changes tothe culvert and channel configuration for the
North Pecan Creek crossing at Locust Street.Halff Associates, Inc. will revise the
previously prepared construction plans toaccommodate these changes.The
previously prepared paving, water line, sanitary sewer line and storm drainage design
will be revised as necessary to accommodate theculvert changes.Previously
prepared easement parcels will be revised as necessary, and new right-of-way and
easement parcels will be prepared to accommodate the changes.
Halff will provide the following Additional Services:
2.PROJECT MANAGEMENT
Manage the Team:
Lead, manage and direct design team activities
Ensure quality control is practiced in performance of the work
Communicate internally among team members
Allocate team resources
Communications and Reporting:
Conduct up to 36 monthly update meetings (virtual) with the City.
Conduct review meetings with the Cityafter submittal of revised 100%
design plans.
Prepare and submit monthly invoices in the format acceptable to the City.
3.SUPPLEMENTAL DESIGNSURVEY
Supplemental design survey information shall be obtained for adjusted culvert and
channel alignments at the following locations:
1.Complete property limits at 800 N. Locust Street.
2.Complete property limits at 801 N. Locust Street
The Consultant shall provide surveying services, which, in general, may be defined
as normal services applicable to a project of this type. The following particulars will
also apply.
Vertical benchmarksshall be established such that all points of construction
shall be within 500 feet of an established City of Dentonbenchmark.
Benchmarks should not be subject to loss during construction. Fire hydrants
and similar appurtenances are not to be used for benchmarks. The surveyor
shall establish temporary benchmarks throughout the length of the project.
Topographic features will be surveyed along with any and all other features
needed for design, review, permitting, construction, and inspection of the
project. Coverage will extend beyond the proposed rights-of-way far enough
to integrate the design with the adjacent properties.
Existing property corners, iron pins, etc. shall be tied in order to establish
existing rights-of-way and property boundaries.
4.RIGHT-OF-WAYREQUIREMENTS
The Consultantshall evaluate where right-of-way may be required.
Prepare a preliminary list of right-of-way parcels necessary to construct the
project. Submit to the City of Dentonas soon as possible and prior to the final
plan submittal.
Preparation of a Boundary Map/Right-of-Way Strip Map that will include:
City title block
Property owner name, address, and recording information of deed
Location of all existing property pins and monuments
Location of easements of record
Existing rights-of-way
Location of proposed easement pins
Easement areas
Parcel numbers
All of the above shall be placed on standard plan sheets and bear the seal
of a Texas Licensed Professional Engineer.
Meet with the City of DentonStaff to determine right-of-way requirements for
preparation of field notes and exhibits.
A maximum of two(2) new right-of-way parcels or permanent drainage
easementsand two(2)new temporary construction easements may be
required for the project.A maximum of four (4) existing parcels may require
revisions.
Individual Exhibits for each parcel shall be prepared to contain the following:
Area required
Parcel number
Property owner name, mailing address, and volume and page of deed
Existing easements
Exhibits will be drawn to scale
All of the above shall be placed on one page of 8-
Land Surveyor.
Legal descriptions for each parcel shall reference the volume, page, and owner
of the parent tract and shall be incorporated into a standard City of Denton
-
referenced on the plans.Front end documents shall be provided by the City.
Submit right-of-way documents to the City and make necessary corrections.
Upon approval of the right-of-way by the City, and if required, the Consultant
shall stake and flag the right-of-way for inspection by the appraiser and property
owner. The documents, including legal description, shall be furnished to the
City in Microsoft Word and PDF format.
5.RIGHT-OF-WAY ACQUISITION SERVICES
The Consultant shall provide Right-of-Way services, including acquisition services,
negotiations, and property valuations which, in general, may be defined as normal
services applicable to a project of this type. The following particulars will also apply.
Project Administration:
1.Communication:
a.Maintain status reports of all parcel and project activities and provide
weekly to City.
b.Provide schedule of all areas of work indicating anticipated start and
end dates.
c.Attend weekly status meetings.
d.Prepare initial property owner contact list for use by City in
distribution of ROW Consultant introduction letters.
e.ROW Consultant will visit project site with City Personnel.
2.File Management:
a.Project and parcel files will be kept at the City. Working files will be
documents generated or received by the ROW Consultant will be
forwarded to the City as they are generated or received by the ROW
Consultant.
b.Maintain records of all payments including warrant/check number,
amount, and date paid, etc.
c.Maintain copies of all correspondence and contacts with property
owners
Negotiation Services:
1.Secure preliminary title commitment or preliminary title search and 5-year
sales data from the title company that will be providing title insurance.
2.The charges from the Title Company for the preliminary title commitments
negotiated fee schedule.
3.Secure title commitments updates in accord with insurance rules and
requirements for parcel payment submissions. The charges from the Title
Company for the update of the title commitment will be paid by City and
.
4.Secure title insurance for all parcels acquired, insuring acceptable title to
City. Written approval by City required for any exception. The charges
from the Title Company for the update of the title insurance will be paid by
schedule.
5.The curative services necessary to provide clear title to the City is the
responsibility of the Consultant and is to be included in the negotiated fee
schedule for this service.
include cost/expenses that qualify as payment of incidental expenses to
transfer real property to the City.
6.The Consultant has the responsibility of direct contact with the Title
Company to obtain an updated title commitment along with other forms
and certified copy of the instrument of conveyance when requesting the
Parcel Payment from the City.
7.The Consultant provides closing services in conjunction with the Title
Company and at the discretion of the City may be required to attend
closings.
8.Any fee related to obtaining certified court documents and fees for
recording same which are not collected at the closing of the parcel shall
be direct pass-through fees.
9.Consultant shall cause the recordation of all original instruments
of recording fees and filing fees are paid by the City and should not be
fee schedule.
10.
approved value prior to making offer for each parcel.
11.Analyze preliminary title report to determine potential title problems,
propose methods to cure title deficiencies.
12.
Certified Mail-Return Receipt Requested (CMRRR).
13.Prepare the initial offer letter, memorandum of agreement, instruments of
conveyance, and any other documents required or requested by City on
applicable forms.
14.
present the written offer in person where practical, and deliver appraisal
report and required brochures. Maintain follow-up contacts and secure
the necessary instruments upon acceptanceof the offer for the closing.
15.Provide a copy of the appraisal report for the subject property exclusively
to the property owner or authorized representative at the time of the offer.
Maintain original signed Receipt of Appraisal for billing purposes.
16.Respond to property owner inquiries verbally and in writing within two
business days.
17.Prepare a separate negotiator contact report for each parcel per contact
on approved form.
18.Maintain parcel files of original documentation related to the purchase of
the real property or property interests.
19.Advise property owner on the counterofferprocess. Transmit to City any
written counteroffer from property owners including supporting
documentation, and Consultant recommendation regarding counteroffers
in accordance with City policy and procedures.
20.Prepare final offer letter, documents of conveyance as necessary.
21.Appear and provide Expert Witness testimony as a Consultant when
requested.
not part of this contract.
Initial Appraisal Services:
1.Consultant shall engage subconsultant to provide appraisal services.
2.Appraisers should provide advance notice of the date and time of their
3.Secure written permission from the owner to enter the property from which
real estate is the be acquired. If the Appraiser, after diligent effort, is
unable to secure the necessary letter of permission from the property
owner, a waiver must be obtained inwriting from the City.
4.Prepare and conduct personal pre-appraisal contact with interest owner(s)
for each parcel using acceptable City forms.
5.Contact property owners or their designated representative to offer
the subject property. Maintain record of contract in file.
6.For the initial appraisal, prepare complete appraisal report for each parcel
to be acquired. These reports shall conform to City policies and
procedures along with the Uniform Standards of Professional Appraisal
Practices as promulgated by the Appraisal Foundation.
7.As necessary, prepare written notification to the City of any environmental
concerns associated with the right of way to be acquired, which could
require environmental re-mediation.
8.All completed appraisals will be administratively reviewed by the City staff
and recommend for approval by the City staff.
9.
regarding revisions, comments, or additional information that may be
appraiser.
10.As necessary, the appraiser will coordinate with the review appraiser
regarding revisions, comments, or additional information that may be
required.
11.The fees for initial appraisal assignments are based on separate appraisal
assignments.
12.Beyond delivery of initial appraisal assignments, the appraiser can be
called to provide preparation and testimony for a Special Commissioners
Hearing. For this appraisal assignment, the fee for the preparation time
and testimony must be based on the hour
Fee Schedule.
Relocation Assistance:
Relocation Assistance Services for Residential, Business and Personal
Property
1.Notify all Displacees and potential Displacees of eligibility for relocation
assistance. At the time of initial contact, provide Displacees with a
Relocation Assistance Packet consisting of;
Relocation Advisory Assistance Parcel Record form
Displacee Move Plan
Certification of Eligibility
Relocation Assistance Brochure
2.Provide on-going relocation assistance and advisory services to
Displacees affected by acquisition of the property and deliver a completed
Relocation Advisory Assistance Parcel Record form signed by the
Displacee to the City.
3.Compute and submit request for relocation housing/rental supplement to
the Town Project Manager on the Supplemental Payment Estimate,
Replacement Housing form with supporting Residential Property
Evaluation forms with photos attached.
4.Provide 90-day notice to vacate, if required by the City, simultaneously
with the delivery of relocation benefits package.
5.Provide 30-day notice once property has been acquired by the City. Note:
the Displacee must be given no less than 90-day notice.
6.Notify the City Project Manager immediately if Displacee does not move
after the 30-day notice expires.
7.Perform a decent, safe, and sanitary inspection of the replacement
housing in accordance with City and State of Texas policy. Prepare and
complete Replacement Housing Inspection form and submit to the City
Project Manager.
8.For non-residentialmoves, Negotiated Self-Moves
a.If a moving plan exceeds $20,000, prepare moving plan with
appropriate photos and sketches along with inventory of personal
property to be moved for non-residential moves. This is required for
pre-approval by the City.
b.If the moving plan for a Negotiated Self-Move is less than $20,000
the Consultant must submit Negotiated Self-Move Request with
moving plan for the business owner or tenant. This includes photos,
written inventory list, type of move requested, and project move date.
9.For all Negotiated Self-Moves, the Consultant is responsible for requesting
moving estimates from moving companies. Moving estimates must be
obtained by the Consultant and not the Displacee. Moving estimates must
be prepared in writing and in the name ofthe Cityand not the Consultant.
10.Coordinate and monitor moves with displaced homeowners, business
owners, and tenants and with moving companies in accordance with State
and Cityprocedures.
11.Maintain relocation contact logs on Relocation Advisory Assistance -
Parcel Record form journaling all attempted and completed contacts with
all parties. This includes descriptions of the reasons and outcome for
each contact.
12.Attend closings on replacement property if requested by any party
involved, and assure supplemental payment is properly distributed.
13.Process and compute increased interest payments as required.
14.Relocation agent shall be available for any appeals or hearings. For this
assignment, the fee for preparation and testimony will be a reasonable
hourly rate, preapproved in writing by the City Project Manager.
15.Prepare all relocation payment claim submissions for all Displacees in
accordance with State and City guidelines.
16.Deliver warrants in accordance with City guidelines.
Additional Services:
Additional services to be performed by Consultant, if authorized in writing by
the City, which are not included in the above-described Basic Services, are
described below:
1.Condemnation Support(additional service)
Consultant shall not act as the attorney for condemnation purposes. City
must self-perform legal services or contract with third party attorney.
as described below:
a.Pre-Hearing Support
1. Request updated Title Commitment from title Company.
2. Use information from the Title Commitment to identify interested
parties. *
3. Submit information packet as requested by Condemning
Attorney.
4. Request update of appraisal.
5. File original petition with County Court at Law or other
appropriate Court for a cause number to be assigned.
6. File Lis Pendens including the cause number with the County
7. Upon assignment of a court, file the Order Appointing
Commissioners with the judge, retaining a copy of the Order for
the files.
8. Following appointment of Commissioners by the judge, secure
Oath of Commissioners signed by the Commissioners, Order
Setting Hearing and Notice of Hearing signed by the
Commissioners.
9. File all originals with the court and send copies to City and
Condemning Attorney.
b. Post-Hearing Support
1.
signature within 48 hours of hearing, unless on Friday or before
a holiday when court will not be open.
2. Obtain certified copy of Award and provide to City with request
for funding in amount of Award.
3.
4. File Award payment in registry of the court, file Notice of Deposit
with the court and send certified copies to each defendant
notifying them of the date of deposit. The Date of Deposit is the
Date of Take.
5. Send written notices of the date of deposit to the City and all
interested parties.
* Updated Title Commitments shall be paid directly by City. Please refer
to 5.E.1.a.2 Title and Closing Services.
2. Updated Appraisal Service
a. Appraisers should provide advance notice of the date and time of
inspection.
b. Secure written permission from the owner to enter the property from
which real estate is the be acquired. If the Appraiser, after diligent
effort, is unable to secure the necessary letter of permission from the
property owner, a waiver must be obtained in writing from the City.
c.Prepare and conduct personal pre-appraisal contact with interest
owner(s) for each parcel using acceptable City forms.
d.Contact property owners or their designated representative to offer
inspection of the subject property. Maintain record of contract in file.
e.For an updated appraisal, prepare complete appraisal update for the
parcel to be acquired. These reports shall conform to City policies
and procedures along with the Uniform Standards of Professional
Appraisal Practices.
f.As necessary, prepare written notification to the City of any
environmental concerns associated with the right of way to be
acquired, which could require environmental re-mediation.
g.All completed appraisals will be administratively reviewed by the City
staff and recommend for approval by the City staff.
1.
applicable) regarding revisions, comments, or additional
appraiser will then coordinate with the appraiser.
h.The fees for initial and updated appraisal assignments are based on
separate appraisal assignments.
i.Beyond delivery of update appraisal assignments, the appraiser can
be called to provide preparation and testimony for a Special
Commissioners Hearing. For this appraisal assignment, the fee for
the preparation time and testimony must be based onan agreed
hourly rate.
3.Miscellaneous
a.Testimony for Hearing(s) or appeals.
b.Document/Form establishment.
c.Reporting outside of typical status reports.
Services to be provided by the City include, but are not limited to the following:
1.Provide timely reviews and approval of submissions.
2.Process and issue all warrants for payment of approved purchase
prices for each parcel, relocation payment, and incidental expense
involved in the transfer of property to City in accordance with State
law.
3.
of project or as needed throughout the project.
4.Initiate, coordinate, and administer environmental investigation
surveys.
5.Pay direct costs of preliminary title commitment, updates and title
insurance for all parcels acquired.
6.DRAINAGE STUDY
Changestothe culvertand channelconfiguration atNorth Pecan Creek andLocust
Street will require updating the HEC-RAS floodplain model, the HEC-HMS hydrology
model, and the Infoworks ICM models to ensure that the changes donot adversely
impact the drainage hydraulics for the previously evaluatedfuture conditions
scenarios. An addendum to the previously issued report will summarize these efforts
and results along with an updated no rise certification.
7.CONSTRUCTION PLANS
The Consultant shall reviseconstruction plans for review, permitting, bidding,
construction, inspection and record keeping. In general, construction plans shall be
consistent with normal practice for projects of this nature. The construction plans
revisions will generally consist of following:
Revised Cover Sheet and Sheet Index:The cover sheet and index shall be
revised as necessary foradded and removed sheets.
Revised Project General Notes and Legend: These sheets will include a listing
of abbreviations, legend, and general notes.
Revised ROW Map Sheet:TheROW map will be revised as necessary for
changes to proposed ROW and easement acquisition.
Revised Paving DemolitionSheets:Demolition sheets will be revised to
account for changes to paving limits.
Revised LocustPaving Plan Sheets:Paving plan sheets will be revised to
account for the new culvert and channel configuration including profile
adjustments.Driveway profiles will also be revised as necessary.
Revised LocustStreet and Culvert Grading Plans:Grading plansheets will be
revised to account for the new culvert and channel configuration including
profile adjustments.
Revised Retaining Wall Planand ProfileSheets:Retaining wall plan sheets will
be revised to account for the new culvert and channel configuration including
profile adjustments. Structural details will also be revised to reflect changes to
the wall design.
Revised Drainage Plans:Halff will update the drainage area map and
calculations to support the changes to theclosed conduit system and determine
any additional inlets needed to appropriately convey runoff for the street
corridor.
Revised Plan and Profile Sheets (Storm Drain, Water, and Sanitary Sewer):
Plan-profile sheets will be revised as necessary to reflect adjusted culvert and
channel improvements. The plan and profiles shall be adjusted for selected
culvert alternative.
Cross Sections:Cross sections will be revised to reflect changes to the
pavement layout and profile changes.
Miscellaneous:Construction plans will also be revised to addresserosion
control, traffic control, pavement markings and signage,fiber optic conduit,
details,and other improvements.
Review Plans:Revised final plans shall be prepared and submitted at the 100%
milestone. Also, the Consultant may submit plan sheets or working drawings
to the City for review and comment to reduce the number of revisions that
otherwise would be required. During development ofthe plans, the Consultant
shall attend meetings as needed. The Consultant shall, in company with the
City, perform one plans-in-hand review for each submittal. Deliverables for
each design submission are as follows:
(1)100% Pre-Final Design Package
(a)Information provided in previous design package revised to
accommodatethe adjusted culvert and channel layout.
(b)Revised project manual and technical specifications.
(c)Updated e100% Pre-Final Opinionof Probable
Construction Cost
(2)100% Final Design Package
(a)Information provided in previous design package revised per City
comment, signed and sealed for bidding.
(b)Opinionof Probable Construction Cost
Design:The design of the project shall be in general accordance with the City
of Dentonordinances, standard details, and good Consulting practices. It is
assumed that all improvements shall be contained in one bid package. During
the design phase, the Consultant shall contact various utility companies and
obtain information relating to existing utility lines. The design should avoid
major utility relocations, where practical. When required, proposed relocations
or replacements will be shown in plan and profile.
Prints: One(1) 11x17 set of plans and electronic files in PDF format shall be
submitted to the City for each review stage. The Consultant will upload a set of
project milestone.
General:Construction plans shall be furnished half-size. The Consultant will
provide one 11x17 set of vellum plans and electronic pdf filesfor bidding and
construction.
and DGN or DWG format shall be provided to the Contractor for use during
construction.
Specifications:The Consultant shall prepare a revised project manual and
technical specifications required for bidding and constructing the project. The
Only
specifications amending or supplementing specificationsneed be
furnished. Project manual, specifications, bid items and quantities shall be
furnished on hard copy and by electronic file.
8.BID AND CONSTRUCTION ADMINISTRATION
BiddingDuring the bidding phase, the Consultant will prepare bid documents
and assist the City in advertising the project for bids. The Consultant will
address technical questions and prepare addenda and issue to the bidders.
The Consultant shall attend a pre-bid meeting and prepare minutes. The
Consultant will tabulate bids and make recommendation for award of contract.
Construction: Construction time is assumed at 730 calendar days.
(1)Attend a pre-construction meeting and monthly progress meetings as
required. Document each meeting with written minutes.
(2)After the pre-construction meeting, theConsultantshall provide project
exhibits and attend one (1) public meeting to help explain the proposed
project to residents. The Cityshall select a suitable location and mail the
invitation letters to the affected residents.
(3)Review shop drawings and Contractor submittals.
(4)Review laboratory test reports on materials and equipment.
(5)Prepare and negotiate Change Orders between the Contractor and the
City.
(6)Attend Monthly Construction Meetings
(7)Prepare record drawings from information supplied by the Contractor.
(8)Attend final inspection and assist in preparation of a punch list report.
Closure
changes and known variations to provide the City the best possible set of
record drawings. The final record drawings shall be furnished in.pdf format.
CADD files shall be furnished as well.
9.EXCLUSIONS
Other additional services, not included in this contract, will be negotiated with the City
as needed. Compensation will be based upon a mutually agreed lump sum fee or an
hourly rate as described below. Items that are considered additional services include:
Attendance or preparation for City Council Meetings
Full tree preservation/mitigation plan
Landscape architecture and irrigation design
Revisions to plans requested by the City after plans are approved
Permit fees, filing fees, pro-rated fees, impact fees and taxes
Property acquisition or negotiationsother than stipulated in the
Right-of-section.
Design ofsanitary sewer,gas, telephone, or other utility improvements
except as noted herein
Graphic products except as noted herein
Design of utilities orother improvements outside of the project
boundary or roadway rights of way (not in scope)
Design of utilities or modifications to utilities within a building
SWPPP preparation
Environmental assessments
Section 404 Permitting
Construction staking
FEMA CLOMR and/or LOMR submittal
Hydrologic and Hydraulic analysis other than stipulated in the8.
Drainage Studysection.
Advanced, 2D hydraulic analysis
Sediment transport analysis
Scour analysis
Preparation of an Individual Permit
Preparation of a pedestrian survey for cultural resources
Illumination design and lighting study.
Traffic signal design
Construction inspection
Construction material testing
10.SCHEDULE
The Scope of Services for this PROJECT is based on the following schedule:
Completion of supplemental design surveys: 45calendar days from date of
written authorization to begin work.
Completion/furnishing Revised 100% pre-final plans, specifications, bid
quantities, and OPCC: 90calendar days from receipt of 60% review comments
and plan review meeting.
Completion/furnishing 100% final signed and sealed plans, specifications, bid
quantities, and OPCC: 60 calendar days from receipt of 100% pre-final review
comments and plan review meeting.
Bidding services:
18 months of signed and sealed plans.
Construction services: In accordance with construction schedule (assumed730
calendar days total)
Closure: 60 calendar days from the date of construction completion.
11. AMENDMENT NO. 6 FEE SUMMARY
Project Management $40,000
Supplemental Survey $12,000
Right-of-Way Requirements $23,000
Right-of-Way Acquisition Services $87,884
Drainage Study Updates $15,000
Construction Plans $123,000
Bidding and Construction Administration $101,000
Total Contract Amendment No. 6 $401,884
SUMMARY OF THE AMMENDED CONTRACT
Original Contract $837,900
Amendment No. 1 $40,300
Amendment No. 2 $0
Amendment No. 3 $177,840
Amendment No. 4 $84,000
Amendment No. 5 $890,769
Amendment No. 6 $401,884
Amended Contract Amount $2,432,693
CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ
Forvendor 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 thisquestionnaire 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 vendorcommits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a
misdemeanor.
Nameof vendor who has a business relationship with local governmental entity.
1
2
Check this box if you are filing an update to a previously filed questionnaire.
th
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7business day
after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3
Name oflocal 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. Isthelocal government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?
Yes No
B. Is thevendor 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
CONFLICTOFINTERESTQUESTIONNAIRE
Forvendordoingbusinesswithlocalgovernmentalentity
Acomplete 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:
rd
Relative: a family member related to a City Official within the third 3 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: FE9E30D4-BD29-8C17-82F7-F70C0461DC65Status: Completed
Subject: Please DocuSign: City Council Contract 6590-041 Elm & Locust Drainage Improvement - Amendment #6
Source Envelope:
Document Pages: 19Signatures: 6Envelope Originator:
Certificate Pages: 6Initials: 1Cori Power
AutoNav: Enabled901B Texas Street
EnvelopeId Stamping: EnabledDenton, TX 76209
Time Zone: (UTC-06:00) Central Time (US & Canada)cori.power@cityofdenton.com
IP Address: 198.49.140.10
Record Tracking
Status: OriginalHolder: Cori PowerLocation: DocuSign
8/12/2026 10:53:20 AM cori.power@cityofdenton.com
Signer EventsSignatureTimestamp
Cori PowerSent: 8/12/2026 11:00:38 AM
Completed
cori.power@cityofdenton.comViewed: 8/12/2026 11:02:01 AM
Purchasing SupervisorSigned: 8/12/2026 11:02:13 AM
Using IP Address: 198.49.140.10
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Lori HewellSent: 8/12/2026 11:02:14 AM
lori.hewell@cityofdenton.comViewed: 8/12/2026 11:06:44 AM
Purchasing ManagerSigned: 8/12/2026 11:07:09 AM
City of Denton
Signature Adoption: Pre-selected Style
Security Level: Email, Account Authentication
Using IP Address: 198.49.140.10
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Leah BushSent: 8/12/2026 11:07:12 AM
leah.bush@cityofdenton.comViewed: 8/12/2026 11:37:33 AM
Assistant City AttorneySigned: 8/12/2026 11:54:34 AM
Security Level: Email, Account Authentication
Signature Adoption: Pre-selected Style
(None)
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:
Not Offered via Docusign
David M. SmithSent: 8/12/2026 11:54:37 AM
Dsmith@halff.comViewed: 8/17/2026 9:34:54 AM
Operations ManagerSigned: 8/17/2026 9:38:10 AM
Security Level: Email, Account Authentication
Signature Adoption: Pre-selected Style
(None)
Using IP Address: 192.108.242.110
Electronic Record and Signature Disclosure:
Accepted: 8/17/2026 9:34:54 AM
ID: 3d6709cb-cb4d-497b-9cbf-f427c78125a7
Signer EventsSignatureTimestamp
Seth GarciaSent: 8/17/2026 9:38:12 AM
Seth.Garcia@cityofdenton.comViewed: 8/17/2026 9:50:40 AM
Director of Capital ProjectsSigned: 8/17/2026 9:58:41 AM
Security Level: Email, Account Authentication
Signature Adoption: Pre-selected Style
(None)
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:
Accepted: 8/17/2026 9:50:40 AM
ID: c930dd44-620a-4187-9338-703d812e0f07
Cheyenne DefeeSent: 8/17/2026 9:58:43 AM
Completed
cheyenne.defee@cityofdenton.comViewed: 10/14/2026 10:59:50 AM
Procurement Administration SupervisorSigned: 10/14/2026 11:00:33 AM
Using IP Address: 198.49.140.10
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Cassey OgdenSent: 10/14/2026 11:00:35 AM
Cassey.Ogden@cityofdenton.comViewed: 10/14/2026 11:07:52 AM
Interim City ManagerSigned: 10/14/2026 11:08:03 AM
City of Denton
Signature Adoption: Pre-selected Style
Security Level: Email, Account Authentication
Using IP Address: 198.49.140.10
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Kristin GilbertSent: 10/14/2026 11:08:05 AM
Kristi.Gilbert@cityofdenton.comResent: 10/16/2026 9:53:21 AM
City SecretaryResent: 10/20/2026 11:12:23 AM
Security Level: Email, Account Authentication Resent: 10/20/2026 11:30:50 AM
Signature Adoption: Uploaded Signature Image
(None)
Viewed: 10/20/2026 12:04:43 PM
Using IP Address: 198.49.140.10
Signed: 10/20/2026 12:06:26 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
In Person Signer EventsSignatureTimestamp
Editor Delivery EventsStatusTimestamp
Agent Delivery EventsStatusTimestamp
Intermediary Delivery EventsStatusTimestamp
Certified Delivery EventsStatusTimestamp
Carbon Copy EventsStatusTimestamp
Cheyenne DefeeSent: 8/12/2026 11:02:15 AM
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
Carbon Copy EventsStatusTimestamp
Gretna JonesSent: 8/17/2026 9:58:43 AM
gretna.jones@cityofdenton.comViewed: 8/17/2026 1:06:02 PM
Legal Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
City Secretary OfficeSent: 10/20/2026 12:06:28 PM
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Taylor HoltSent: 10/20/2026 12:06:29 PM
Taylor.Holt@cityofdenton.com
Construction Project Manager
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 9/18/2026 3:00:20 PM
ID: 169b522b-366c-47ad-9522-4a4545d9dcf3
Witness EventsSignatureTimestamp
Notary EventsSignatureTimestamp
Envelope Summary EventsStatusTimestamps
Envelope SentHashed/Encrypted8/12/2026 11:00:38 AM
Envelope UpdatedSecurity Checked10/20/2026 11:30:48 AM
Envelope UpdatedSecurity Checked10/20/2026 11:30:48 AM
Certified DeliveredSecurity Checked10/20/2026 12:04:43 PM
Signing CompleteSecurity Checked10/20/2026 12:06:26 PM
CompletedSecurity Checked10/20/2026 12:06:29 PM
Payment EventsStatusTimestamps
Electronic Record and Signature Disclosure
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SIXTH AMENDMENT TO CONTRACT
BY AND BETWEEN THE CITY OF DENTON, TEXAS
AND HALFF ASSOCIATES, INC.
PSA 6590-041
THE STATE OF TEXAS §
COUNTY OF DENTON §
THIS SIXTH AMENDMENT TO CONTRACT 6590-041 (by and
between the City of Denton, and Halff Associates, Inc. Engineer); to that
certain contract executed on November 6, 2018, in the original not-to-exceed amount of
$837,900 June 19, 2019 in the additional amount
of $40,300 aggregating a not-to-exceed amount of $878,200
amended on May 13, 2020 for a 5% billing rate reduction
amended on January 12, 2021 in the additional amount of $177,840 aggregating a not-to-
exceed amount of $1,056,040 June 28, 2022 in the
additional amount of $84,000 aggregating a not-to-exceed amount of $1,140,040 (the
; amended on February 6, 2024 in the amount of $890,769
aggregating a not-to- (collectively,
the Original Agreement, the First Amendment, the Second Amendment, the Third
Amendment, the Fourth Amendment, and the Fifth Amendment
services related to the design of Locust and Elm Street Water, Wastewater and Drainage
Improvement 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 $401,884.00 with this Amendment for an aggregate not-to-exceed
amount of $2,432,693.00; 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
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
hereto and incorporated herein for all purposes, for professional services related to
the North Pecan creek culvert amendment to Locust St and Elm St Water,
Wastewater and Drainage Improvement 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
6590-041 PSA Amendment 6 Page 1 of 2
A
for non-labor expenses an amount not to exceed $401,884.00.
2. This Amendment modifies the Agreement amount to provide an additional
$401,884.00 for the additional services with a revised aggregate not to exceed total
of $2,432,693.00.
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. CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By: ________________________________ By:
AUTHORIZED SIGNATURE, TITLE _______________________________
APPROVED AS TO LEGAL FORM: ATTEST:
MACK REINWAND, CITY ATTORNEY
By:
By: _________________________________
_________________________________
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
_______________ ________________
SIGNATURE PRINTED NAME
__________________________________
TITLE
__________________________________
DEPARTMENT
6590-041 PSA Amendment 6 Page 2 of 2
EXHIBIT A
AMENDMENT NO. 6 TO PROFESSIONAL SERVICES AGREEMENT
ADDITIONAL SERVICES
North Pecan Creek Culvert Changes Amendment to
Locust Street and Elm Street
Water, Wastewater and Drainage Improvement Project
FILE 6590-041
This amendment is to add engineering and survey services to the original contract
File 6590-041, which was executed on November , 2018.
1.DESCRIPTION
The City of Denton desires changes tothe culvert and channel configuration for the
North Pecan Creek crossing at Locust Street.Halff Associates, Inc. will revise the
previously prepared construction plans toaccommodate these changes.The
previously prepared paving, water line, sanitary sewer line and storm drainage design
will be revised as necessary to accommodate theculvert changes.Previously
prepared easement parcels will be revised as necessary, and new right-of-way and
easement parcels will be prepared to accommodate the changes.
Halff will provide the following Additional Services:
2.PROJECT MANAGEMENT
Manage the Team:
Lead, manage and direct design team activities
Ensure quality control is practiced in performance of the work
Communicate internally among team members
Allocate team resources
Communications and Reporting:
Conduct up to 36 monthly update meetings (virtual) with the City.
Conduct review meetings with the Cityafter submittal of revised 100%
design plans.
Prepare and submit monthly invoices in the format acceptable to the City.
3.SUPPLEMENTAL DESIGNSURVEY
Supplemental design survey information shall be obtained for adjusted culvert and
channel alignments at the following locations:
1.Complete property limits at 800 N. Locust Street.
2.Complete property limits at 801 N. Locust Street
The Consultant shall provide surveying services, which, in general, may be defined
as normal services applicable to a project of this type. The following particulars will
also apply.
Vertical benchmarksshall be established such that all points of construction
shall be within 500 feet of an established City of Dentonbenchmark.
Benchmarks should not be subject to loss during construction. Fire hydrants
and similar appurtenances are not to be used for benchmarks. The surveyor
shall establish temporary benchmarks throughout the length of the project.
Topographic features will be surveyed along with any and all other features
needed for design, review, permitting, construction, and inspection of the
project. Coverage will extend beyond the proposed rights-of-way far enough
to integrate the design with the adjacent properties.
Existing property corners, iron pins, etc. shall be tied in order to establish
existing rights-of-way and property boundaries.
4.RIGHT-OF-WAYREQUIREMENTS
The Consultantshall evaluate where right-of-way may be required.
Prepare a preliminary list of right-of-way parcels necessary to construct the
project. Submit to the City of Dentonas soon as possible and prior to the final
plan submittal.
Preparation of a Boundary Map/Right-of-Way Strip Map that will include:
City title block
Property owner name, address, and recording information of deed
Location of all existing property pins and monuments
Location of easements of record
Existing rights-of-way
Location of proposed easement pins
Easement areas
Parcel numbers
All of the above shall be placed on standard plan sheets and bear the seal
of a Texas Licensed Professional Engineer.
Meet with the City of DentonStaff to determine right-of-way requirements for
preparation of field notes and exhibits.
A maximum of two(2) new right-of-way parcels or permanent drainage
easementsand two(2)new temporary construction easements may be
required for the project.A maximum of four (4) existing parcels may require
revisions.
Individual Exhibits for each parcel shall be prepared to contain the following:
Area required
Parcel number
Property owner name, mailing address, and volume and page of deed
Existing easements
Exhibits will be drawn to scale
All of the above shall be placed on one page of 8-
Land Surveyor.
Legal descriptions for each parcel shall reference the volume, page, and owner
of the parent tract and shall be incorporated into a standard City of Denton
-
referenced on the plans.Front end documents shall be provided by the City.
Submit right-of-way documents to the City and make necessary corrections.
Upon approval of the right-of-way by the City, and if required, the Consultant
shall stake and flag the right-of-way for inspection by the appraiser and property
owner. The documents, including legal description, shall be furnished to the
City in Microsoft Word and PDF format.
5.RIGHT-OF-WAY ACQUISITION SERVICES
The Consultant shall provide Right-of-Way services, including acquisition services,
negotiations, and property valuations which, in general, may be defined as normal
services applicable to a project of this type. The following particulars will also apply.
Project Administration:
1.Communication:
a.Maintain status reports of all parcel and project activities and provide
weekly to City.
b.Provide schedule of all areas of work indicating anticipated start and
end dates.
c.Attend weekly status meetings.
d.Prepare initial property owner contact list for use by City in
distribution of ROW Consultant introduction letters.
e.ROW Consultant will visit project site with City Personnel.
2.File Management:
a.Project and parcel files will be kept at the City. Working files will be
documents generated or received by the ROW Consultant will be
forwarded to the City as they are generated or received by the ROW
Consultant.
b.Maintain records of all payments including warrant/check number,
amount, and date paid, etc.
c.Maintain copies of all correspondence and contacts with property
owners
Negotiation Services:
1.Secure preliminary title commitment or preliminary title search and 5-year
sales data from the title company that will be providing title insurance.
2.The charges from the Title Company for the preliminary title commitments
negotiated fee schedule.
3.Secure title commitments updates in accord with insurance rules and
requirements for parcel payment submissions. The charges from the Title
Company for the update of the title commitment will be paid by City and
.
4.Secure title insurance for all parcels acquired, insuring acceptable title to
City. Written approval by City required for any exception. The charges
from the Title Company for the update of the title insurance will be paid by
schedule.
5.The curative services necessary to provide clear title to the City is the
responsibility of the Consultant and is to be included in the negotiated fee
schedule for this service.
include cost/expenses that qualify as payment of incidental expenses to
transfer real property to the City.
6.The Consultant has the responsibility of direct contact with the Title
Company to obtain an updated title commitment along with other forms
and certified copy of the instrument of conveyance when requesting the
Parcel Payment from the City.
7.The Consultant provides closing services in conjunction with the Title
Company and at the discretion of the City may be required to attend
closings.
8.Any fee related to obtaining certified court documents and fees for
recording same which are not collected at the closing of the parcel shall
be direct pass-through fees.
9.Consultant shall cause the recordation of all original instruments
of recording fees and filing fees are paid by the City and should not be
fee schedule.
10.
approved value prior to making offer for each parcel.
11.Analyze preliminary title report to determine potential title problems,
propose methods to cure title deficiencies.
12.
Certified Mail-Return Receipt Requested (CMRRR).
13.Prepare the initial offer letter, memorandum of agreement, instruments of
conveyance, and any other documents required or requested by City on
applicable forms.
14.
present the written offer in person where practical, and deliver appraisal
report and required brochures. Maintain follow-up contacts and secure
the necessary instruments upon acceptanceof the offer for the closing.
15.Provide a copy of the appraisal report for the subject property exclusively
to the property owner or authorized representative at the time of the offer.
Maintain original signed Receipt of Appraisal for billing purposes.
16.Respond to property owner inquiries verbally and in writing within two
business days.
17.Prepare a separate negotiator contact report for each parcel per contact
on approved form.
18.Maintain parcel files of original documentation related to the purchase of
the real property or property interests.
19.Advise property owner on the counterofferprocess. Transmit to City any
written counteroffer from property owners including supporting
documentation, and Consultant recommendation regarding counteroffers
in accordance with City policy and procedures.
20.Prepare final offer letter, documents of conveyance as necessary.
21.Appear and provide Expert Witness testimony as a Consultant when
requested.
not part of this contract.
Initial Appraisal Services:
1.Consultant shall engage subconsultant to provide appraisal services.
2.Appraisers should provide advance notice of the date and time of their
3.Secure written permission from the owner to enter the property from which
real estate is the be acquired. If the Appraiser, after diligent effort, is
unable to secure the necessary letter of permission from the property
owner, a waiver must be obtained inwriting from the City.
4.Prepare and conduct personal pre-appraisal contact with interest owner(s)
for each parcel using acceptable City forms.
5.Contact property owners or their designated representative to offer
the subject property. Maintain record of contract in file.
6.For the initial appraisal, prepare complete appraisal report for each parcel
to be acquired. These reports shall conform to City policies and
procedures along with the Uniform Standards of Professional Appraisal
Practices as promulgated by the Appraisal Foundation.
7.As necessary, prepare written notification to the City of any environmental
concerns associated with the right of way to be acquired, which could
require environmental re-mediation.
8.All completed appraisals will be administratively reviewed by the City staff
and recommend for approval by the City staff.
9.
regarding revisions, comments, or additional information that may be
appraiser.
10.As necessary, the appraiser will coordinate with the review appraiser
regarding revisions, comments, or additional information that may be
required.
11.The fees for initial appraisal assignments are based on separate appraisal
assignments.
12.Beyond delivery of initial appraisal assignments, the appraiser can be
called to provide preparation and testimony for a Special Commissioners
Hearing. For this appraisal assignment, the fee for the preparation time
and testimony must be based on the hour
Fee Schedule.
Relocation Assistance:
Relocation Assistance Services for Residential, Business and Personal
Property
1.Notify all Displacees and potential Displacees of eligibility for relocation
assistance. At the time of initial contact, provide Displacees with a
Relocation Assistance Packet consisting of;
Relocation Advisory Assistance Parcel Record form
Displacee Move Plan
Certification of Eligibility
Relocation Assistance Brochure
2.Provide on-going relocation assistance and advisory services to
Displacees affected by acquisition of the property and deliver a completed
Relocation Advisory Assistance Parcel Record form signed by the
Displacee to the City.
3.Compute and submit request for relocation housing/rental supplement to
the Town Project Manager on the Supplemental Payment Estimate,
Replacement Housing form with supporting Residential Property
Evaluation forms with photos attached.
4.Provide 90-day notice to vacate, if required by the City, simultaneously
with the delivery of relocation benefits package.
5.Provide 30-day notice once property has been acquired by the City. Note:
the Displacee must be given no less than 90-day notice.
6.Notify the City Project Manager immediately if Displacee does not move
after the 30-day notice expires.
7.Perform a decent, safe, and sanitary inspection of the replacement
housing in accordance with City and State of Texas policy. Prepare and
complete Replacement Housing Inspection form and submit to the City
Project Manager.
8.For non-residentialmoves, Negotiated Self-Moves
a.If a moving plan exceeds $20,000, prepare moving plan with
appropriate photos and sketches along with inventory of personal
property to be moved for non-residential moves. This is required for
pre-approval by the City.
b.If the moving plan for a Negotiated Self-Move is less than $20,000
the Consultant must submit Negotiated Self-Move Request with
moving plan for the business owner or tenant. This includes photos,
written inventory list, type of move requested, and project move date.
9.For all Negotiated Self-Moves, the Consultant is responsible for requesting
moving estimates from moving companies. Moving estimates must be
obtained by the Consultant and not the Displacee. Moving estimates must
be prepared in writing and in the name ofthe Cityand not the Consultant.
10.Coordinate and monitor moves with displaced homeowners, business
owners, and tenants and with moving companies in accordance with State
and Cityprocedures.
11.Maintain relocation contact logs on Relocation Advisory Assistance -
Parcel Record form journaling all attempted and completed contacts with
all parties. This includes descriptions of the reasons and outcome for
each contact.
12.Attend closings on replacement property if requested by any party
involved, and assure supplemental payment is properly distributed.
13.Process and compute increased interest payments as required.
14.Relocation agent shall be available for any appeals or hearings. For this
assignment, the fee for preparation and testimony will be a reasonable
hourly rate, preapproved in writing by the City Project Manager.
15.Prepare all relocation payment claim submissions for all Displacees in
accordance with State and City guidelines.
16.Deliver warrants in accordance with City guidelines.
Additional Services:
Additional services to be performed by Consultant, if authorized in writing by
the City, which are not included in the above-described Basic Services, are
described below:
1.Condemnation Support(additional service)
Consultant shall not act as the attorney for condemnation purposes. City
must self-perform legal services or contract with third party attorney.
as described below:
a.Pre-Hearing Support
1. Request updated Title Commitment from title Company.
2. Use information from the Title Commitment to identify interested
parties. *
3. Submit information packet as requested by Condemning
Attorney.
4. Request update of appraisal.
5. File original petition with County Court at Law or other
appropriate Court for a cause number to be assigned.
6. File Lis Pendens including the cause number with the County
7. Upon assignment of a court, file the Order Appointing
Commissioners with the judge, retaining a copy of the Order for
the files.
8. Following appointment of Commissioners by the judge, secure
Oath of Commissioners signed by the Commissioners, Order
Setting Hearing and Notice of Hearing signed by the
Commissioners.
9. File all originals with the court and send copies to City and
Condemning Attorney.
b. Post-Hearing Support
1.
signature within 48 hours of hearing, unless on Friday or before
a holiday when court will not be open.
2. Obtain certified copy of Award and provide to City with request
for funding in amount of Award.
3.
4. File Award payment in registry of the court, file Notice of Deposit
with the court and send certified copies to each defendant
notifying them of the date of deposit. The Date of Deposit is the
Date of Take.
5. Send written notices of the date of deposit to the City and all
interested parties.
* Updated Title Commitments shall be paid directly by City. Please refer
to 5.E.1.a.2 Title and Closing Services.
2. Updated Appraisal Service
a. Appraisers should provide advance notice of the date and time of
inspection.
b. Secure written permission from the owner to enter the property from
which real estate is the be acquired. If the Appraiser, after diligent
effort, is unable to secure the necessary letter of permission from the
property owner, a waiver must be obtained in writing from the City.
c.Prepare and conduct personal pre-appraisal contact with interest
owner(s) for each parcel using acceptable City forms.
d.Contact property owners or their designated representative to offer
inspection of the subject property. Maintain record of contract in file.
e.For an updated appraisal, prepare complete appraisal update for the
parcel to be acquired. These reports shall conform to City policies
and procedures along with the Uniform Standards of Professional
Appraisal Practices.
f.As necessary, prepare written notification to the City of any
environmental concerns associated with the right of way to be
acquired, which could require environmental re-mediation.
g.All completed appraisals will be administratively reviewed by the City
staff and recommend for approval by the City staff.
1.
applicable) regarding revisions, comments, or additional
appraiser will then coordinate with the appraiser.
h.The fees for initial and updated appraisal assignments are based on
separate appraisal assignments.
i.Beyond delivery of update appraisal assignments, the appraiser can
be called to provide preparation and testimony for a Special
Commissioners Hearing. For this appraisal assignment, the fee for
the preparation time and testimony must be based onan agreed
hourly rate.
3.Miscellaneous
a.Testimony for Hearing(s) or appeals.
b.Document/Form establishment.
c.Reporting outside of typical status reports.
Services to be provided by the City include, but are not limited to the following:
1.Provide timely reviews and approval of submissions.
2.Process and issue all warrants for payment of approved purchase
prices for each parcel, relocation payment, and incidental expense
involved in the transfer of property to City in accordance with State
law.
3.
of project or as needed throughout the project.
4.Initiate, coordinate, and administer environmental investigation
surveys.
5.Pay direct costs of preliminary title commitment, updates and title
insurance for all parcels acquired.
6.DRAINAGE STUDY
Changestothe culvertand channelconfiguration atNorth Pecan Creek andLocust
Street will require updating the HEC-RAS floodplain model, the HEC-HMS hydrology
model, and the Infoworks ICM models to ensure that the changes donot adversely
impact the drainage hydraulics for the previously evaluatedfuture conditions
scenarios. An addendum to the previously issued report will summarize these efforts
and results along with an updated no rise certification.
7.CONSTRUCTION PLANS
The Consultant shall reviseconstruction plans for review, permitting, bidding,
construction, inspection and record keeping. In general, construction plans shall be
consistent with normal practice for projects of this nature. The construction plans
revisions will generally consist of following:
Revised Cover Sheet and Sheet Index:The cover sheet and index shall be
revised as necessary foradded and removed sheets.
Revised Project General Notes and Legend: These sheets will include a listing
of abbreviations, legend, and general notes.
Revised ROW Map Sheet:TheROW map will be revised as necessary for
changes to proposed ROW and easement acquisition.
Revised Paving DemolitionSheets:Demolition sheets will be revised to
account for changes to paving limits.
Revised LocustPaving Plan Sheets:Paving plan sheets will be revised to
account for the new culvert and channel configuration including profile
adjustments.Driveway profiles will also be revised as necessary.
Revised LocustStreet and Culvert Grading Plans:Grading plansheets will be
revised to account for the new culvert and channel configuration including
profile adjustments.
Revised Retaining Wall Planand ProfileSheets:Retaining wall plan sheets will
be revised to account for the new culvert and channel configuration including
profile adjustments. Structural details will also be revised to reflect changes to
the wall design.
Revised Drainage Plans:Halff will update the drainage area map and
calculations to support the changes to theclosed conduit system and determine
any additional inlets needed to appropriately convey runoff for the street
corridor.
Revised Plan and Profile Sheets (Storm Drain, Water, and Sanitary Sewer):
Plan-profile sheets will be revised as necessary to reflect adjusted culvert and
channel improvements. The plan and profiles shall be adjusted for selected
culvert alternative.
Cross Sections:Cross sections will be revised to reflect changes to the
pavement layout and profile changes.
Miscellaneous:Construction plans will also be revised to addresserosion
control, traffic control, pavement markings and signage,fiber optic conduit,
details,and other improvements.
Review Plans:Revised final plans shall be prepared and submitted at the 100%
milestone. Also, the Consultant may submit plan sheets or working drawings
to the City for review and comment to reduce the number of revisions that
otherwise would be required. During development ofthe plans, the Consultant
shall attend meetings as needed. The Consultant shall, in company with the
City, perform one plans-in-hand review for each submittal. Deliverables for
each design submission are as follows:
(1)100% Pre-Final Design Package
(a)Information provided in previous design package revised to
accommodatethe adjusted culvert and channel layout.
(b)Revised project manual and technical specifications.
(c)Updated e100% Pre-Final Opinionof Probable
Construction Cost
(2)100% Final Design Package
(a)Information provided in previous design package revised per City
comment, signed and sealed for bidding.
(b)Opinionof Probable Construction Cost
Design:The design of the project shall be in general accordance with the City
of Dentonordinances, standard details, and good Consulting practices. It is
assumed that all improvements shall be contained in one bid package. During
the design phase, the Consultant shall contact various utility companies and
obtain information relating to existing utility lines. The design should avoid
major utility relocations, where practical. When required, proposed relocations
or replacements will be shown in plan and profile.
Prints: One(1) 11x17 set of plans and electronic files in PDF format shall be
submitted to the City for each review stage. The Consultant will upload a set of
project milestone.
General:Construction plans shall be furnished half-size. The Consultant will
provide one 11x17 set of vellum plans and electronic pdf filesfor bidding and
construction.
and DGN or DWG format shall be provided to the Contractor for use during
construction.
Specifications:The Consultant shall prepare a revised project manual and
technical specifications required for bidding and constructing the project. The
Only
specifications amending or supplementing specificationsneed be
furnished. Project manual, specifications, bid items and quantities shall be
furnished on hard copy and by electronic file.
8.BID AND CONSTRUCTION ADMINISTRATION
BiddingDuring the bidding phase, the Consultant will prepare bid documents
and assist the City in advertising the project for bids. The Consultant will
address technical questions and prepare addenda and issue to the bidders.
The Consultant shall attend a pre-bid meeting and prepare minutes. The
Consultant will tabulate bids and make recommendation for award of contract.
Construction: Construction time is assumed at 730 calendar days.
(1)Attend a pre-construction meeting and monthly progress meetings as
required. Document each meeting with written minutes.
(2)After the pre-construction meeting, theConsultantshall provide project
exhibits and attend one (1) public meeting to help explain the proposed
project to residents. The Cityshall select a suitable location and mail the
invitation letters to the affected residents.
(3)Review shop drawings and Contractor submittals.
(4)Review laboratory test reports on materials and equipment.
(5)Prepare and negotiate Change Orders between the Contractor and the
City.
(6)Attend Monthly Construction Meetings
(7)Prepare record drawings from information supplied by the Contractor.
(8)Attend final inspection and assist in preparation of a punch list report.
Closure
changes and known variations to provide the City the best possible set of
record drawings. The final record drawings shall be furnished in.pdf format.
CADD files shall be furnished as well.
9.EXCLUSIONS
Other additional services, not included in this contract, will be negotiated with the City
as needed. Compensation will be based upon a mutually agreed lump sum fee or an
hourly rate as described below. Items that are considered additional services include:
Attendance or preparation for City Council Meetings
Full tree preservation/mitigation plan
Landscape architecture and irrigation design
Revisions to plans requested by the City after plans are approved
Permit fees, filing fees, pro-rated fees, impact fees and taxes
Property acquisition or negotiationsother than stipulated in the
Right-of-section.
Design ofsanitary sewer,gas, telephone, or other utility improvements
except as noted herein
Graphic products except as noted herein
Design of utilities orother improvements outside of the project
boundary or roadway rights of way (not in scope)
Design of utilities or modifications to utilities within a building
SWPPP preparation
Environmental assessments
Section 404 Permitting
Construction staking
FEMA CLOMR and/or LOMR submittal
Hydrologic and Hydraulic analysis other than stipulated in the8.
Drainage Studysection.
Advanced, 2D hydraulic analysis
Sediment transport analysis
Scour analysis
Preparation of an Individual Permit
Preparation of a pedestrian survey for cultural resources
Illumination design and lighting study.
Traffic signal design
Construction inspection
Construction material testing
10.SCHEDULE
The Scope of Services for this PROJECT is based on the following schedule:
Completion of supplemental design surveys: 45calendar days from date of
written authorization to begin work.
Completion/furnishing Revised 100% pre-final plans, specifications, bid
quantities, and OPCC: 90calendar days from receipt of 60% review comments
and plan review meeting.
Completion/furnishing 100% final signed and sealed plans, specifications, bid
quantities, and OPCC: 60 calendar days from receipt of 100% pre-final review
comments and plan review meeting.
Bidding services:
18 months of signed and sealed plans.
Construction services: In accordance with construction schedule (assumed730
calendar days total)
Closure: 60 calendar days from the date of construction completion.
11. AMENDMENT NO. 6 FEE SUMMARY
Project Management $40,000
Supplemental Survey $12,000
Right-of-Way Requirements $23,000
Right-of-Way Acquisition Services $87,884
Drainage Study Updates $15,000
Construction Plans $123,000
Bidding and Construction Administration $101,000
Total Contract Amendment No. 6 $401,884
SUMMARY OF THE AMMENDED CONTRACT
Original Contract $837,900
Amendment No. 1 $40,300
Amendment No. 2 $0
Amendment No. 3 $177,840
Amendment No. 4 $84,000
Amendment No. 5 $890,769
Amendment No. 6 $401,884
Amended Contract Amount $2,432,693
CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ
Forvendor 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 thisquestionnaire 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 vendorcommits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a
misdemeanor.
Nameof vendor who has a business relationship with local governmental entity.
1
2
Check this box if you are filing an update to a previously filed questionnaire.
th
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7business day
after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3
Name oflocal 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. Isthelocal government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?
Yes No
B. Is thevendor 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
CONFLICTOFINTERESTQUESTIONNAIRE
Forvendordoingbusinesswithlocalgovernmentalentity
Acomplete 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:
rd
Relative: a family member related to a City Official within the third 3 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: FE9E30D4-BD29-8C17-82F7-F70C0461DC65Status: Completed
Subject: Please DocuSign: City Council Contract 6590-041 Elm & Locust Drainage Improvement - Amendment #6
Source Envelope:
Document Pages: 19Signatures: 6Envelope Originator:
Certificate Pages: 6Initials: 1Cori Power
AutoNav: Enabled901B Texas Street
EnvelopeId Stamping: EnabledDenton, TX 76209
Time Zone: (UTC-06:00) Central Time (US & Canada)cori.power@cityofdenton.com
IP Address: 198.49.140.10
Record Tracking
Status: OriginalHolder: Cori PowerLocation: DocuSign
8/12/2026 10:53:20 AM cori.power@cityofdenton.com
Signer EventsSignatureTimestamp
Cori PowerSent: 8/12/2026 11:00:38 AM
Completed
cori.power@cityofdenton.comViewed: 8/12/2026 11:02:01 AM
Purchasing SupervisorSigned: 8/12/2026 11:02:13 AM
Using IP Address: 198.49.140.10
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Lori HewellSent: 8/12/2026 11:02:14 AM
lori.hewell@cityofdenton.comViewed: 8/12/2026 11:06:44 AM
Purchasing ManagerSigned: 8/12/2026 11:07:09 AM
City of Denton
Signature Adoption: Pre-selected Style
Security Level: Email, Account Authentication
Using IP Address: 198.49.140.10
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Leah BushSent: 8/12/2026 11:07:12 AM
leah.bush@cityofdenton.comViewed: 8/12/2026 11:37:33 AM
Assistant City AttorneySigned: 8/12/2026 11:54:34 AM
Security Level: Email, Account Authentication
Signature Adoption: Pre-selected Style
(None)
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:
Not Offered via Docusign
David M. SmithSent: 8/12/2026 11:54:37 AM
Dsmith@halff.comViewed: 8/17/2026 9:34:54 AM
Operations ManagerSigned: 8/17/2026 9:38:10 AM
Security Level: Email, Account Authentication
Signature Adoption: Pre-selected Style
(None)
Using IP Address: 192.108.242.110
Electronic Record and Signature Disclosure:
Accepted: 8/17/2026 9:34:54 AM
ID: 3d6709cb-cb4d-497b-9cbf-f427c78125a7
Signer EventsSignatureTimestamp
Seth GarciaSent: 8/17/2026 9:38:12 AM
Seth.Garcia@cityofdenton.comViewed: 8/17/2026 9:50:40 AM
Director of Capital ProjectsSigned: 8/17/2026 9:58:41 AM
Security Level: Email, Account Authentication
Signature Adoption: Pre-selected Style
(None)
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:
Accepted: 8/17/2026 9:50:40 AM
ID: c930dd44-620a-4187-9338-703d812e0f07
Cheyenne DefeeSent: 8/17/2026 9:58:43 AM
Completed
cheyenne.defee@cityofdenton.comViewed: 10/14/2026 10:59:50 AM
Procurement Administration SupervisorSigned: 10/14/2026 11:00:33 AM
Using IP Address: 198.49.140.10
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Cassey OgdenSent: 10/14/2026 11:00:35 AM
Cassey.Ogden@cityofdenton.comViewed: 10/14/2026 11:07:52 AM
Interim City ManagerSigned: 10/14/2026 11:08:03 AM
City of Denton
Signature Adoption: Pre-selected Style
Security Level: Email, Account Authentication
Using IP Address: 198.49.140.10
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Kristin GilbertSent: 10/14/2026 11:08:05 AM
Kristi.Gilbert@cityofdenton.comResent: 10/16/2026 9:53:21 AM
City SecretaryResent: 10/20/2026 11:12:23 AM
Security Level: Email, Account Authentication Resent: 10/20/2026 11:30:50 AM
Signature Adoption: Uploaded Signature Image
(None)
Viewed: 10/20/2026 12:04:43 PM
Using IP Address: 198.49.140.10
Signed: 10/20/2026 12:06:26 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
In Person Signer EventsSignatureTimestamp
Editor Delivery EventsStatusTimestamp
Agent Delivery EventsStatusTimestamp
Intermediary Delivery EventsStatusTimestamp
Certified Delivery EventsStatusTimestamp
Carbon Copy EventsStatusTimestamp
Cheyenne DefeeSent: 8/12/2026 11:02:15 AM
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
Carbon Copy EventsStatusTimestamp
Gretna JonesSent: 8/17/2026 9:58:43 AM
gretna.jones@cityofdenton.comViewed: 8/17/2026 1:06:02 PM
Legal Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
City Secretary OfficeSent: 10/20/2026 12:06:28 PM
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Taylor HoltSent: 10/20/2026 12:06:29 PM
Taylor.Holt@cityofdenton.com
Construction Project Manager
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 9/18/2026 3:00:20 PM
ID: 169b522b-366c-47ad-9522-4a4545d9dcf3
Witness EventsSignatureTimestamp
Notary EventsSignatureTimestamp
Envelope Summary EventsStatusTimestamps
Envelope SentHashed/Encrypted8/12/2026 11:00:38 AM
Envelope UpdatedSecurity Checked10/20/2026 11:30:48 AM
Envelope UpdatedSecurity Checked10/20/2026 11:30:48 AM
Certified DeliveredSecurity Checked10/20/2026 12:04:43 PM
Signing CompleteSecurity Checked10/20/2026 12:06:26 PM
CompletedSecurity Checked10/20/2026 12:06:29 PM
Payment EventsStatusTimestamps
Electronic Record and Signature Disclosure
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