24-155ORDINANCE NO. 24-155
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE APPROVAL OF A FIFTH AMENDMENT TO A
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND HALFF
ASSOCIATES, INC., AMENDING THE CONTRACT APPROVED BY CITY COUNCIL ON
NOVEMBER 6, 2018, IN THE NOT-TO-EXCEED AMOUNT OF $837,900.00, AMENDED BY
AMENDMENTS 1-4 APPROVED BY PURCHASING AND CITY COUNCIL, SAID FIFTH
AMENDMENT TO PROVDE THE DESIGN FOR THE FULL DEPTH RECONSTRUCTION
AND UTILITY IMPROVEMENTS SURROUNDING THE SQUARE FOR THE CAPITAL
IMPROVEMENT PROJECTS DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 6590-041 –
PROVIDING FOR AN ADDITIONAL FIFTH AMENDMENT EXPENDITURE AMOUNT NOT-
TO-EXCEED $890,769.00, WITH THE TOTAL CONTRACT AMOUNT NOT-TO-EXCEED
$2,030,809.00).
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 HalffAssociates,
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, this procurement was undertaken as part of the City’s governmental function;
and
WHEREAS, the additional fees under the proposed Fifth 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,
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a n
F
•
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Fifth 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
Eighty Hundred Ninety Thousand Seven Hundred Sixty-Nine and 0/ 100 ($890,769.00) 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 $2,030,809.00.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
The motiqn to approve this ordinance was made by arja., B&c U and
seconded by v/ak : B) r J . This ordinance was passed and approved by the
following vote LI - E:
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:\/
/
y
J
J
-1
Vicki Byrd, District 1 :
Brian Beck, District 2:
Paul Meltzer, District 3 :
Joe Holland. District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
PASSED AND APPROVED this the 6+- d,y ,f _, 2024.
ATTEST:
JESUS SALAZAR, CITY SECRETARY
' , ,p; - qI 4ll1
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APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Digitally signed by Marcella Lunn
DN: dc=com, dc=cityofdenton,
dc=codad, ou=Department Users and
Groups, ou=General Government,
BY: I\anI tIll \\uP\
m
Date: 2024.01.08 16:50:42 -06'00
DocuSign Envelope ID: 14D7EIF3-BC3C-4922-9DOE48AB55D3269B
DENTON
Docusign City Council Transmittal Coversheet
6590-041
Elm & Locust Water Wastewater & Drainage Amend 5
1 i cab1 e
PSA
File Name
Purchasing Contact Erica Garcla
CIty C,,„,II T„g,t D,t, - EBRU"RY 6 ’ 2024
Piggy Back Option
Contract Expiration
Ordinance
Not App
N/A
24-155
DocuSign Envelope ID: 14D7EIF3-BC3C4922-9DOE-+8AB55D3269B
FIFTH 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 FIFTH 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 8177,840 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“) (collectively, the Original Agreement, the First Amendment, the
Second Amendment, the Third Amendment, and the Fourth Amendment are the
“Agreement”) for services related to the design of 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 $890,769.00 with this Amendment for an aggregate not-to-exceed
amount of $2,030,809.00; 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:
1.The additional services described in Exhibit “A“ of this Amendment, attached
hereto and incorporated herein for all purposes, for professional services related to
the Paving Design 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 attached as Exhibit “A” to this
6590-041 PSA – Amendment 5 Page 1 of 2
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Amendment, a total fee, including reimbursement for non-labor expenses an
amount not to exceed $890,769.00.
2. This Amendment modifies the Agreement amount to provide an additional
$890,769.00 for the additional services with a revised aggregate not to exceed total
of $2,030,809.00.
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,dwMMugh their respective duly authorized representativesand officers on this date
“Engineer”
“CITY”
HALFF ASSOCIATES, INC.
DocuSigned by:
DaAil AL SMith
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By:
AUTHORIZED SIGNATURE, TITLE
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
ATTEST:
JESUS SALAZAR, INTERIM CITY
SE(I
By:
&SIAS SaId,)ap
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
SIGNATURE PRINTED NAME
Director of caplta1 Projects
TITLE
capita1 Projects
DEPARTMENT
6590-04 1 PSA – Amenu,Page 2 of 2
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EXHIBIT A
AMENDMENT NO. 5 TO PROFESSIONAL SERVICES AGREEMENT
ADDITIONAL SERVICES
Paving Design 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 8, 2018.
1.DESCRIPTION
The City of Denton desires to incorporate full pavement reconstruction design into the
Locust Street and Elm Street project. Halff Associates, Inc. will revise the previously
prepared construction plans to include pavement reconstruction of Locust Street and
Elm Street from Oak Street to W. University Drive (US 380). Additionally, alternative
culvert layouts will be evaluated at the two North Pecan Creek crossings. The
previously prepared water line, sanitary sewer line and storm drainage design will be
revised as necessary to accommodate pavement and culvert changes.
Additional utility work to be included in the plans includes the following:
• Replacement of the water main in Pecan Street with an 8-inch line between
Elm Street and Locust Street
Relocating water meters for 105, 105, and 109 E. Oak Street (Recycled Books
Building) off Pecan Street to either Austin Street or Locust Street.
Relocating water meters for 108 W. Oak Street, Units 101 and C to the back of
the building off the new Pecan Street water main and abandoning the main on
Oak Street between Elm Street and Locust Street
Replacement of the water main in Hickory Street from Cedar Street to the
existing 12-inch water line west of Austin Street with a 12-inch line.
•
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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:
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•
Attend one pre-design project kickoff meeting with City staff to confirm and
clarify scope, understand City objectives, and ensure economical and
functional designs that meet City requirements.
Conduct review meetings with the City at the end of each design phase. Up
to three (3) total.
Consultant shall prepare project exhibits and attend one (1 ) public meeting
to help explain the proposed project to residents. The City shall select a
suitable location, time, and date.
Prepare and submit monthly invoices in the format acceptable to the City.
Coordinate with franchise utilities as necessary for the design of the
proposed infrastructure and provide and obtain information needed to
prepare the design. Includes up to two (2) franchise utility coordination
meetings.
3. SUPPLEMENTAL DESIGN SURVEY
Supplemental design survey information shall be obtained for newly constructed
improvement and new design locations at the following locations:
1
2
3
4
5
6.
Elm Street at W. Parkway Street
Elm Street at W. McKinney Street
Locust Street at W. McKinney Street
Pecan Street from Elm Street to Austin Street
Oak Street from Elm Street to Locust Street
Hickory Street from Cedar Street to just west of Austin Street
TxDOT has constructed new improvements to driveways, sidewalk, and pedestrian
ramps along the entire length of Elm Street; however, it is assumed these
improvements will remain in place and therefore are not included in the
supplemental design survey needs.
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.
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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:
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•
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•
•
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 eight (8) permanent drainage easements and eight (8)
temporary construction easements may be required for the project.
E. Individual Exhibits for each parcel shall be prepared to contain the following:
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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 1 1 ” 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.
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5. RIGHT-OF-WAY 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.
ROW Consultant will visit project site with City Personnel.e.
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
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.
2.
3.
Secure preliminary title commitment or preliminary title search and 5-year
sales data from the title company that will be providing title insurance.
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.
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.
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
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
4.
5
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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.
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.
The Consultant provides closing services in conjunction with the Title
Company and at the discretion of the City may be required to attend
closings.
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.
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.
Analyze appraisal and appraisal review reports and confirm City’s
approved value prior to making offer for each parcel.
Analyze preliminary title report to determine potential title problems,
propose methods to cure title deficiencies.
Prepare and send the letter transmitting the Landowners’ Bill of Rights by
Certified Mail-Return Receipt Requested (CMRRFq).
Prepare the initial offer letter, memorandum of agreement, instruments of
conveyance, and any other documents required or requested by City on
applicable forms
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.
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.
Respond to property owner inquiries verbally and in writing within two
business days.
Prepare a separate negotiator contact report for each parcel per contact
on approved form.
Maintain parcel files of original documentation related to the purchase of
the real property or property interests.
Advise property owner on the Administrative Settlement process. Transmit
to City any written counter offer from property owners including supporting
documentation, and Consultant recommendation regarding Administrative
Settlements in accordance with City policy and procedures.
Prepare final offer letter, documents of conveyance as necessary.
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,
6.
7.
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C. Initial Appraisal Services:
1
2.
3.
Consultant shall engage subconsultant to provide appraisal services.
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.
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.
Prepare and conduct personal pre-appraisal contact with interest owner(s)
for each parcel using acceptable City forms.
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.
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.
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 .
All completed appraisals will be administratively reviewed by the City staff
and recommend for approval by the City staff.
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.
As necessary, the appraiser will coordinate with the review appraiser
regarding revisions, comments, or additional information that may be
required .
The fees for initial appraisal assignments are based on separate appraisal
assignments.
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.
4.
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7.
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11.
12.
D. 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. Relocation Assistance Services (additional service)
For residential moves:
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a.
b.
C.
d.
e.
f.
The Relocation Assistance Specialist should provide advance notice
of the date and time of their initial meeting with the owner.
Notify all owners of eligibility for relocation assistance. At the time of
initial contact, provide owners with a Relocation Assistance Packet.
Provide on-going relocation assistance and advisory services to
owners affected by acquisition of parcels.
Locate, evaluate, and maintain files on comparable available
housing .
Compute and submit the request for relocation housing/rental
supplement to the City of Denton Relocation Project Manager, as
applicable, with attached photos.
Provide 90-day notice to vacate simultaneous with the delivery of
relocation benefits package.
g.
h.
1.
Provide 30-day notice to vacate to owner once property has been
acquired by the City. Note that the owner must be given a total of
90-days’ notice.
Notify the City of Denton Relocation Project Manager immediately if
the owner does not move after 30-day notice expires.
Perform a decent, safe, and sanitary inspection of the replacement
housing in accordance with City policy. Prepare and complete
Replacement Housing Inspection and submit to the City of Denton
Relocation Project Manager.
'r non-residential moves, Negotiated Self-Moves
If the moving plan for a Negotiated Self-Move exceeds $20,000
prepare moving plan with appropriate photos and sketches along
with inventory of personal property that is identified to be moved.
This is required for pre-approval by the City.
If the moving plan for a Negotiated Self-Move is less than $20,000
the Contractor must submit a moving plan for the business owner or
tenant. This includes photos, written inventory list, type of move
requested, and Project move date.
For all Negotiated Self-Moves, the Contractor is responsible for
requesting moving estimates from moving companies. Moving
estimates must be obtained by the Contractor and not the owner.
Moving estimates must be prepared in writing and in the name of the
City and not the Contractor.
Coordinate and monitor moves with displaced homeowners,
business owners, tenants, and with moving companies in
accordance with City procedures.
Maintain relocation contact logs journaling aII attempted and
completed contacts with all parties. This includes descriptions of the
reasons and outcome for each contact
Attend closings on replacement property if requested by any party
involved, and assure supplemental payment is properly distributed.
b
C
d
e
f
g. Process and compute increased interest payments as required.
h. Relocation agent will be available for any appeals and
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hearings.
i. Prepare all relocation payment claim submissions for
all owners in accordance with City guidelines and
provide to City of Denton.
j. Deliver checks in accordance with City guidelines.
k. Provide an executed Certification of Eligibility with all owner claims.
1. Prepare closed file and deliver to the City.
2. 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
1
2.
3.
4
5.
6.
7.
8.
Request updated Title Commitment from title Company.
Use information from the Title Commitment to identify interested
parties. *
Submit information packet as requested by Condemning
Attorney.
Request update of appraisal.
File original petition with County Court at Law or other
appropriate Court for a cause number to be assigned.
File Lis Pendens including the cause number with the County
Clerk’s Office
Upon assignment of a court, file the Order Appointing
Commissioners with the judge, retaining a copy of the Order for
the files
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.
File all originals with the court and send copies to City and
Condemning Attorney.
9.
b. Post-Hearing Support
1.
2.
3
4
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.
Obtain certified copy of Award and provide to City with request
for funding in amount of Award .
Obtain Commissioners’ Fees and submit to City for payment.
File Award payment in registry of the court, file Notice of Deposit
with the court and send certified copies to each defendant
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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.
3. Disposal of Property Services
a.Provide a Release of Property to the City Project Manager
signed by the former owner stating that all personal property
has been removed and any remaining items belong to the
City
Provide the City Project Manager a copy of the plat and field
notes, photographs of the property in a PDF format, a copy
of the appraisal, and the Release of Property form when
buildings are vacant and ready for disposal. The City Project
Manager will initiate the environmental surveys as needed.
b.
4. Update 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 .
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.
Prepare and conduct personal pre-appraisal contact with
interest owner(s) for each parcel using acceptable City
forms
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.
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.
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.
All completed appraisals will be administratively reviewed by
the City staff and recommend for approval by the City staff.
b.
C.
d.
e.
f.
g.
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h 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.
As necessary, the appraiser will coordinate with the review
appraiser regarding revisions, comments, or additional
information that may be required.
The fees for initial and updated appraisal assignments are
based on separate appraisal assignments.
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 the hourly rate shown in the Consultant’s
Fee Schedule.
1.
J.
k.
5. Miscellaneous
a. Testimony for Hearing(s) or appeals.
b. Document/Form establishment.
c. Reporting outside of typical status reports.
E. Services to be provided by the City include, but are not limited to the following:
1
2.
Provide timely reviews and approval of submissions.
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
Provide a copy to the Consultant’s performance evaluation at end
of project or as needed throughout the project.
Initiate, coordinate, and administer environmental investigation
surveys .
Pay direct costs of preliminary title commitment, updates and title
insurance for all parcels acquired .
3.
4.
5.
6. GEOTECHNICAL ENGINEERING
The Consultant will subcontract with a Geotechnical engineering firm to provide sub-
surface soil investigation, testing and pavement design including the following:
•
•
Soil investigations, including field and laboratory tests, borings, related
engineering analysis and recommendations for determining soil conditions
will be made.
Borings shall be of sufficient depth and spacing to provide general
information needed for the design and construction of the project. Twenty-
five (25) borings will be advanced to a depth varying from 10 to 20 feet
below the existing surface the roadway.
DocuSign Envelope ID: 14D7EIF:>BC3C4922-9DOE48AB55D3269B
•Testing will be in accordance with ASTM or TxDOT procedures. The
specific types and quantities of tests will be determined based on geologic
conditions encountered in the borings. Laboratory testing will include
moisture content, soil classification according to USCS, liquid and plastic
limit determinations, percent passing the No. 200 sieve, unit weight
determinations, and unconfined compressive strength tests on soils. In the
event the subgrade requires lime treatment the optimum percentage of lime
will be determined by the Eades and Grim lime series test.
An engineering report will be prepared by a registered engineer and will
present the results of the field and laboratory data together with analyses of
the results and recommendations. The report will address:
o General soil and groundwater conditions encountered at the boring
locations
o Recommendations for pavement subgrade preparation
o Recommendations for pavement design in accordance with City of
Denton standards
o Earthwork recommendations
•
Deliverables:
• Boring logs with location map
• Soil testing results
• Geotechnical report
7.SITE WALK
Halff will conduct a site walk alongside City staff to evaluate the condition of existing
concrete curb and gutter, sidewalks, curb ramps and driveways along Elm Street and
Locust Street. Replacement of damaged or addition of miss items will be included in
the plans as determined in the field.
Halff with also conduct a site walk with City staff to coordinate water meter relocations
for 105, 107, and 109 E Oak Street off Pecan Street to either Austin Street or Locust
Street and water meter relocations for 108 W Oak Street Units 101 and C to the back
of the building coming off the Pecan Street water main.
8.DRAINAGE STUDY
Changing the culvert configuration where North Pecan Creek crosses Elm and Locust
Streets will require updating the HEC-RAS floodplain model, the HEC-HMS hydrology
model, and the Infoworks ICM models to ensure that the culverts are adequately sized
under a variety of future conditions scenarios. The City has plans to construct a
detention pond at the North Texas Fairgrounds and possibly Rayzor Elementary,
along with expanding the railroad bridge opening downstream of Bell Street. These
projects would significantly reduce flooding along Pecan and North Pecan Creek. The
timing of these projects relative to the Elm and Locust Street project is uncertain;
therefore, multiple scenarios will be modeled for various permutations of upstream
and downstream conditions relative to these projects. In addition, up to three proposed
Elm and Locust culvert configurations will be considered. In all, we expect
DocuSign Envelope ID: 14D7EIF3-BC3C-4922-9DOE+8AB55D3269B
approximately 32 HEC-HMS models, 56 HEC-RAS models, and 8 ICM models may
need be developed for the potential future scenarios. A report will summarize these
efforts and results for the most likely scenarios will be reported .
9.CONCEPTUAL CULVERT ALTERNATIVES
Halff shall prepare alternate culvert alignments for North Pecan Creek at Locust Street
and Elm Street. Exhibits of alternate alignments shall be prepared to facilitate
discussion with City staff. Comments shall be addressed and incorporated into the
alignments. Final alignments shall be incorporated into the construction plans.
10.CONSTRUCTION PLANS
The Consultant shall develop 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 will
consist of numerous sheets ordered as follows:
A. Revised Cover Sheet and Sheet Index: The cover sheet and index shall be
revised as necessary to include the added paving design and associated
sheets
B. Revised Project General Notes and Legend: These sheets will include a listing
of abbreviations, legend, and general notes.
C, New Paving Project Layout Sheets: New paving project layout sheets will be
laid out with the north arrow up or to the right. The purpose of the project layout
is to depict the project in a simplified view. Major items of work will be shown
without excessive detail. Additionally, survey control points shall be shown.
D.New Paving Typical Sections: Typical sections shall be drawn to depict a view
looking north or east. As a minimum, typical sections will be drawn showing
the relationship of the proposed street and existing and proposed
improvements. Typical sections will include existing roadways, right-of-way
lines, etc., along with all proposed roadway improvements and will depict all
significant items of work.
E.New Paving Plan Sheets: Paving plan sheets will be arranged from south to
north and from west to east, with the north arrow up or to the rIght on the sheet.
Stationing will be from south to north or west to east with the beginning station
being set at approximately 1+00. Plan sheets shall depict all existing and
proposed items pertinent to the project.
F. New Street Grading Plans: Halff will provide grading plans that include I'
proposed contours with spot elevations labeled at PC, PT, PI, drainage
structures and maximum 50 feet spacing .
G. Revised Plan and Profile Sheets (Storm Drain, Water, and Sanitary Sewer):
Plan-profile sheets will be revised as necessary to reflect new paving
improvements. The plan and profiles shall be adjusted for selected culvert
DocuSign Envelope ID: 14D7EIF3-BC3C4922-9DOE48AB55D3269B
alternative. Water line profiles shall only be provided for lines 12-inch and
larger. Lines smaller than 12-inch shall be designed in plan only.
H. Revised Drainage Plans: Halff will update the drainage area map and
calculations to support the design of a closed conduit system and determine
any additional inlets needed to appropriately convey runoff for the street
corridor
I Detail Sheets: The City’s standard drawings will be used as a beginning point
in developing standard details for this project. They will be reviewed and
modified for this project. Where other agency standards are used, they shall
be reduced as necessary to fit on the City’s standard sheet format with
complete title block.
J. Miscellaneous: Construction plans will also address removals, erosion control,
utility adjustments, traffic control (including phasing, detours, road closures,
signing, barricading, etc.), pavement markings and signage, and other
improvements.
K Cross Sections: Cross sections shall be arranged from bottom to top of the
sheet looking up station and shall show existing and proposed features and
improvements. Generally, no more than eight (8) sections per sheet are to be
plotted. Each section should extend beyond the easement and rights-of-way a
sufficient distance to clearly show the relationship between the proposed
improvements and the existing properties. Full sections will be drawn at
maximum spacings of 500 feet.
L Review Plans: The Consultant shall develop preliminary plans to be submitted
at the 60% milestone. Final plans shall be prepared and submitted at the 90%
and 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 at least one plans-in-hand review for each submittal.
Deliverables for each design submission are as follows:
(1 )60% Design Package
(a) Cover sheet, sheet index and legend, general notes
(b) Project layout and control
(c) Right-of-Way Map sheets
(d) Demolition plans
(e) Roadway, storm drain, water line and sanitary sewer plan and
sheets
(f) Drainage area map, hydraulic and inlet computations
(g) Preliminary grading plans
(h) Roadway cross-sections
(i) Engineer’s 60% Preliminary Estimate of Probable Construction
Cost
DocuSign Envelope ID: 14D7EIF3-BC3C-4922-9DOE-t8AB55D3269B
(2)90% Design Package
(a) Information provided in previous design package revised per City
comment
(b) Traffic control and phasing sheets
(c) Pavement markings and signage
(d) Erosion control plans
(e) Project detail sheets
(f) Project manual and technical specifications.
(g) Engineer’s 90% Pre-Final Estimate of Probable Construction
Cost
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 Estimate of Probable Construction Cost
(3)
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. The Consultant will provide utility companies with electronic
PDF files of 60% plans for review. The City shall provide local utility contact
information to assist with distribution.
O. General: Construction plans shall be furnished half-size. The Consultant will
provide one 11x17 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 .
P. Generic Sheet List: Following is a general list of plan sheets required for each
construction package.
(1 )
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
Cover Sheet
Sheet Index and Legend
Project General Notes
Typical Paving Sections
Paving Project Layout Sheets
Right-of-Way Maps
Paving Demolition Plans
Paving Plan Sheets
Grading Plans
DocuSign Envelope ID: 14D7EIF3-BC3C4922-9DOE48AB55D3269B
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21 )
(22)
(23)
(24)
(25)
(26)
Drainage Area Map and Calculations
Culvert Plan and Profile Sheets
Culvert Grading Plan Sheets
Storm Drain Plan and Profile Sheets
Water Line Plan Sheets
Sanitary Sewer Plan and Profile Sheets
City of Denton Pavement Standard Details
Miscellaneous Pavement Details
City of Denton Storm Drain Details
City of Denton Water Line Details
City of Denton Sanitary Sewer Details
Erosion Control Plans
City of Denton Erosion Control Details
Pavement Markings, and Signage Plans and Details
Traffic Control and Sequencing Plans
Traffic Control Details
Roadway Cross Sections
Q. Specifications: The Consultant shall prepare a 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.
11 . PERMITTING
The Consultant shall prepare applications to the Texas Department of Licensing and
Review (TDLFR) for code review of sidewalks and ramps. After construction the
Consultant shall notify TDLR of completion date. Consultant shall address any
questions or issues by TDLR as a result of review and inspection. TDLR review and
inspection fees are included in this proposal.
12. 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:
(1 )
(2)
Attend a pre-construction meeting and monthly progress meetings as
required. Document each meeting with written minutes.
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.
Review shop drawings and Contractor submittals.(3)
DocuSign Envelope ID: 14D7EIF3-BC3C4922-9DOEJj8AB55D3269B
(4)
(5)
(6)
(7)
(8)
Review laboratory test reports on materials and equipment.
Prepare and negotiate Change Orders between the Contractor and the
CIty
Attend Monthly Construction Meetings
Prepare record drawings from information supplied by the Contractor.
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.
13. 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.
• 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
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
DocuSign Envelope ID: 14D7EIF3-BC3C4922-9DOE48AB55D3269B
14. SCHEDULE
The Scope of Services for this PROJECT is based on the following schedule:
A. Completion of supplemental design surveys and geotechnical investigation: 60
calendar days from date of written authorization to begin work.
B. Completion/furnishing conceptual culvert alternatives and preliminary drainage
study: 90 calendar days from date of written authorization to begin.
C. Completion/furnishing 60% preliminary plans, final drainage study, bid
quantities, and construction cost estimate: 180 calendar days from date of
written authorization to begin.
D. Completion/furnishing 90% final plans, specifications, bid quantities, and
construction cost estimate: 90 calendar days from receipt of 60% review
comments and plan review meeting.
E. Completion/furnishing 100% final plans, specifications, bid quantities, and
construction cost estimate: 60 calendar days from receipt of 90% review
comments and plan review meeting.
F. Bidding services: 60 calendar days from city’s approval of final plans.
G. Construction services: in accordance with construction schedule (estimated to
be 730 calendar days total)
H. Closure: 60 calendar days from the date of construction completion.
15. AMENDMENT NO. 5 FEE SUMMARY
Project Management
Supplemental Design Survey
Right-of-Way Requirements
Right-of-Way Acquisition Services
Geotechnical Investigation
Site Walk
Drainage Study
Conceptual Culvert Alternatives
Water Construction Plans
Wastewater Construction Plans
Drainage Construction Plans
Roadway Construction Plans
Permitting
Bidding and Construction Administration
Total Additional Work
$37,980
$14,300
$48 ,000
$100,800
$51 ,150
$6,772
$89,770
$20,535
$40,423
$18,515
$99,100
$383,700
$2, 140
$49,710
$962,895
Fee Remaining on Current Contract $72,126
DocuSign Envelope ID: 14D7EIF3-BC3C'+922-9DOE-+8AB55D3269B
Total Contract Amendment No. 5 $890,769
SUMMARY OF THE AMMENDED CONTRACT
Original Contract
Amendment No. 1
Amendment No. 2
Amendment No. 3
Amendment No. 4
Amendment No. 5
Amended Contract Amount
$837,900
$40,300
$0
$177,840
$84,000
$890 ,769
$2,030,809
[X>cuSign
Certificate Of Completion
Envelope Id: 14D7EI F3BC3C49229DOE48AB55D3269B Status: Completed
Subject: Please DocuSign: City Council Contract 6590-041 Elm & Locust Water Wastewater & Drainage Amendment 5
Source Envelope:
Document Pages: 21 Signatures: 5 Envelope Originator:
Certificate Pages: 6
AutoNav: Enabled
Initials: 1 Erica Garcia
901 B Texas Street
Denton, TX 76209Envelopeld Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)erica.garcia@cityofdenton.com
IP Address: 198.49.140.10
Record Tracking
Status: Original
1/4/2024 8:56:52 AM
Holder: Erica Garcia
erica.garcia@cityofdenton.com
Location: DocuSign
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Erica Garcia
erica.garcia@cityofdenton.com
Senior Buyer
City of Denton
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Completed
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Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
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Marcella Lunn
marcella.lunn@cityofdenton.com
Mack Reinwand City Attorney
City of Denton
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David M Smith
Dsmith@halff.com
Public Works Team Leader
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Trevor Crain, PMP
Trevor.Crain@cityofdenton.com
Director of Capital Projects
City of Denton
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Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
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Sara Hensley
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City Manager
City of Denton
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Jesus Salazar
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City of Denton
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Legal Secretary
City of Denton
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Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: David M Smith, Trevor Crain, PMP, Jesus Salazar, Taylor Holt
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page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you
must state your e-mail, full name, IS Postal Address, telephone number, and account
number. We do not need any other information from you to withdraw consent.. The
consequences of your withdrawing consent for online documents will be that transactions
may take a longer time to process..
Rl luired hardware and software
rating Systems0
Browsers7for SENDERS
Browsers (for SIGNERS)
W indows2000? or WindowsXP?
Internet llorer 6.0? or above
Me let Explorer 6.0?, Mozilla FireFox 1.0,
NetSca'7.2 (or above
Access to a valid email account
x
Email
Screen Resolution
Enabled Security Settings
•Allow per session cookies
•Users accessing the internet behind a Proxy
Server must enable Hmp 1.1 settings via
roxy connection
++ These minimum requirements are subject to change. If these requirements change, we will
provide you with an email message at the email address we have on file for you at that time
providing you with the revised hardware and software requirements, at which time you will
have the right to withdraw your consent.
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To confirm to us that you can access this information electronically, which will be similar to
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disclosures exclusively in electronic format on the terms and conditions described above,
please let us know by clicking the ’I agree' button below.
By checking the ’I Agree' box, I confirm that:
• I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
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print it, for future reference and access; and
• Until or unless I notify City of Denton as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by City of Denton during the course of my relationship with you.
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