21-891 - 5768 - Amendment 5 Ordinance Executed21-891ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICPAL
CORPORATION, AUTHORIZING THE APPROVAL OF A FIFTH AMENDMENT TO A
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND HAZEN
AND SAWYER, P.C., AMENDING THE CONTRACT APPROVED BY CITY COUNCIL ON
JULY 21, 2015, IN THE NOT-TO-EXCEED AMOUNT OF $427,368.00; AMENDED BY
AMENDMENTS 1. 2. 3, AND 4 APPROVED BY CITY COUNCL; SAn) FirTH AMENDMENT
TO PROVH)E ADDITIONAL ENGINEERING SERVICES AND PERMiTTnqG SUPPORT FOR
THE HI(_'KORY CREEK BASIN PEAK FLOW DETENTION FACILITY AND THE HICKORY
CREEK LWT STATION PROJECT; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVDING AN EFFECTIVE DATE (FEE 5768 – PROVIDING FOR AN
ADDITIONAL FHTH AMENDMENT EXPENDITURE AMOUNT NOT-TO-EXCEED
$66,742.OO, WITH THE TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $1,413,706.OO).
WHEREAS, on July 2 1, 2015, by Ordinance No. 2015-205, the City awarded a contract to
Hazen and Sawyer, P.C. in the amount of $427,368.00 for the design of the Hickory Creek Basin
Peak Flow Detention Facility; and
WHEREAS, on April 5, 2016, the City awarded a First Amendment to Hazen and Sawyer,
P.(_'. in the amount of $112,758.00 for the design of the Hickory Creek Basin Peak Flow Detention
Facility, and
WHEREAS, on February 7, 2017, the City awarded a Second Amendment to Hazen and
Sawyer, P.C. in the amount of $192,239.00 for the design of the Hickory Creek Basin Peak Flow
Detention Facility, and
WHEREAS, on August 13, 2019, the City awarded a Third Amendment to Hazen and
Sawyer, P.C. in the amount of $470,449.00 to provide additional design and construction
administration services for Hickory Creek Basin Peak Flow Detention Facility, West Peak Flow
Storage Basin and Peak Flow Pump Station, and Hickory Creek Lift Station Reconstruction Design,
and
WHEREAS, on January 12, 2021, the City awarded a Fourth Amendment to Hazen and
Sawyer, P.C. in the amount of $144,150.00 to provide additional engineering services and permitting
support for the Hickory Creek Basin Peak Flow Detention Facility and the Hickory Creek Lift
Station Project, 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,
THE COUNCL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Fifth Amendment, increasing the amount of the contract between the City
and Hazen and Sawyer, P.C., which is on file in the office of the Purchasing Agent, in the amount of
Sixty-Six Thousand Seven Hundred Forty-Two and 00/100 ($66,742.00) 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 $1,4 13,706.00.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by Tesse. Dew : S and
seconded by h I Vh c \tZQ€ . The ordinance was passed and approved by the
following vote n- A :
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck, District 2:
Jesse Davis, District 3 :
Alison Maguire, District 4:
Deb Armintor, At Large Place 5 :
Paul Meltzer, At Large Place 6:
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PASSED AND APPROVED this the 18tb day of 202 1
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GERARD HLJDSPETH. MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY Alllllltl
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APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
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