5768 - Amendment 6 Executed
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
DocuSign Envelope ID: CE9BA90B-455D-4CD7-981A-E36625833B22
Hickory St Basin Peak Flow Detention Facility - Amend 6
5768
Crystal Westbrook
Not Applicable
PSA
N/A
FEBRUARY 7, 2023
23-330
5768 Contract – Amendment # 6 Page 1 of 3
SIXTH AMENDMENT TO CONTRACT
BY AND BETWEEN THE CITY OF DENTON, TEXAS
AND HAZEN AND SAWYER P.C.
Contract 5768
THE STATE OF TEXAS §
COUNTY OF DENTON §
THIS SIXTH AMENDMENT TO CONTRACT 5768 (“Amendment”) by and
between the City of Denton, Texas (“City”) and Hazen and Sawyer P.C. (“Consultant” or
“Hazen”); to that certain contract executed on July 21, 2015, in the original not-to-exceed
amount of $427,368 (the “Original Agreement”); amended on April 05, 2016 in the
additional amount of $112,758 aggregating a not-to-exceed amount of $540,126 (the “First
Amendment”); amended on February 08, 2017 in the additional amount of $192,239
aggregating a not-to-exceed amount of $732,365 (the “Second Amendment”); amended on
August 13, 2019 in the additional amount of $470,449 aggregating a not-to-exceed amount
of $1,202,814 (the “Third Amendment”); amended on January 12, 2021 in the additional
amount of $144,150 aggregating a not-to-exceed amount of $1,346,964 (the “Fourth
Amendment”); amended on May 18, 2021 in the additional amount of $66,742 aggregating
a not-to-exceed amount of $1,413,706 (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” ) are for services
related to the Hickory Street Basin Peak Flow Detention Facility project.
WHEREAS, the City deems it necessary to further expand the services provided by
Consultant to the City pursuant to the terms of the Agreement, and to provide an addition
to the design contract in a not-to-exceed amount of $164,300 with this Amendment for an
aggregate not-to-exceed amount of $1,578,006; and
FURTHERMORE, the City deems it necessary to further expand the goods/services
provided by CONSULTANT to the City;
NOW THEREFORE, the City and Consultant (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 Attachment “A” of this Amendment, attached
hereto and incorporated herein for all purposes, for addition to the design contract
and additional construction administration services for Hickory Street Basin Peak
Flow Detention Facility Project, are hereby authorized to be performed by
Consultant. For and in consideration of the additional services to be performed by
Consultant, the Owner agrees to pay, based on the cost estimate details attached as
DocuSign Envelope ID: CE9BA90B-455D-4CD7-981A-E36625833B22
5768 Contract – Amendment # 6 Page 2 of 3
Attachment “A” to this Amendment, a total fee, including reimbursement for non-
labor expenses an amount not to exceed $164,300
2. This Amendment modifies the Agreement amount to provide an additional
$164,300 for the additional services with a revised aggregate not to exceed total of
$1,578,006.
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 Consultant, have each executed this
Amendment electronically, by and through their respective duly authorized representatives
and officers on this date _________________________.
“CITY”
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By:
_______________________________
SARA HENSLEY, CITY MANAGER
ATTEST:
ROSA RIOS, CITY SECRETARY
By:
_________________________________
“CONSULTANT”
Hazen and Sawyer P.C.
By: ___________________________
AUTHORIZED SIGNATURE, TITLE
ATTEST:
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY
ATTORNEY
By:
_______________________________
DocuSign Envelope ID: CE9BA90B-455D-4CD7-981A-E36625833B22
02/07/2023
5768 Contract – Amendment # 6 Page 3 of 3
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
_______________ ________________
SIGNATURE PRINTED NAME
__________________________________
TITLE
__________________________________
DEPARTMENT
DocuSign Envelope ID: CE9BA90B-455D-4CD7-981A-E36625833B22
Water Utilities
Director
Stephen D. Gay
60702-005 hazenandsawyer.com
Hazen and Sawyer
8150 N. Central Expressway, Suite 700
Dallas, TX 75206 • 214.382.5750
October 14, 2022
David Brown
Construction Project Manager
Water and Wastewater Utilities
City of Denton
901-A Texas Street
Denton, TX 76209
Re: Design Support During Construction Services Amendment
Contract 5768 – Hickory Creek Detention Facility
and Pecan Creek Water Reclamation Plant West Peak Flow Pump Station
Dear Mr. Brown:
Hazen and Sawyer (Hazen) has prepared this amendment request for Contract 5768 for additional
engineering services during construction for the Hickory Creek Detention Facility (HCDF) and Pecan
Creek Water Reclamation Plant (PCWRP) West Peak Flow Pump Station (WPFPS). This is the second
amendment for engineering services during construction of the HCDF and PCWRP WPFPS. The first
amendment added permitting services. Based on the current progress of the project, Hazen estimates that
the final completion of the project will occur by March 31, 2023, which, together with issues that have
arisen during construction, is the basis for this amendment, as described below.
Hickory Creek Detention Facility and Pecan Creek West Peak Flow Pump Station
Reason for Admendment:
Hazen performed the following additional work:
1. Redesign Foundation for Odor Control Equipment Pad and Electrical Pad (HCDF): For 45
feet deep pump station excavation, Contractor used a wide, laid-back excavation instead of using
excavation support, which results in a narrow excavation, as called out on Drawings. Backfilling
the wide laid-back excavation would result in greater than acceptable settlement of adjacent odor
control and electrical concrete slabs for piping and conduits passing between structures. To
prevent settlement, Hazen redesigned the foundations for the odor control and electrical slabs
with drilled pier foundations.
2. Design of Retaining Wall (PCWPFPS): The Pecan Creek West Peak Flow Pump Station design
resulted in infill within the current flood plain delineation but outside the revised delineation
provided by the City at the time of design. The City of Denton self-performed a flood study but
did not submit the Conditional Letter of Map Revision (CLOMR) causing denial of the
construction permit. Because of potential construction delays, City of Denton decided to have
ATTACHMENT A
DocuSign Envelope ID: CE9BA90B-455D-4CD7-981A-E36625833B22
David Brown
October 14, 2022
Page 2 of 3
hazenandsawyer.com
Hazen design a retaining wall to eliminate adding fill in the current flood plain delineation rather
than submitting a CLOMR.
3. Additional Construction Meetings (HCDF & PCWFPS): The original contract included 18
monthly construction meetings. The current construction duration is 30 months and Hazen
estimates a total duration of 36 months, which requires an additional 18 months of construction
meetings. Also, the monthly construction meetings were changed to bi-weekly meetings doubling
the number of construction progress meetings through July 2021.
4. Review of Additional Shop Drawings (HCDF & PCWFPS): Hazen’s scope included the
review of 85 shop drawings. Because of the high number of resubmissions from incompleteness
or non-conformance to the contract requirements, the current total of submittals is 244 with the
anticipated total of 260. Hazen will review the additional 175 shop drawings.
5. 42”-RS-FRP Pipe Offset (HCDF): The Contractor installed the 42”-RS-FRP pipe connection to
the HCDF Pump Station without following the manufacturers recommendations or the
Contractor’s submitted configuration. The Contractor’s backfill also varied from that specified
and from that submitted. The pipe connection shifted after backfill was completed. Hazen brought
in pipeline experts to evaluate the relative risks of the condition and alternatives to address the
failure.
Cost:
The following costs are for both the Hickory Creek Detention Facility and Pecan Creek West Peak Flow
Pump Station:
Item Cost
Redesign Foundation for Odor Control Equipment
Pad and Electrical Pad (HCDF) $43,800
Design of Retaining Wall (PCWPFPS) $14,500
Additional 15 Months of Construction
Administration Services (Both Projects) $26,200
Review of Additional Shop Drawings (Both
Projects) $67,800
42”-RS-FRP Pipe Offset (HCDF) $12,000
Total $164,300
DocuSign Envelope ID: CE9BA90B-455D-4CD7-981A-E36625833B22
David Brown
October 14, 2022
Page 3 of 3
hazenandsawyer.com
Schedule
This amendment is based on the latest schedule update from Archer Western during the Construction
Progress Meeting on September 20, 2022.
· HCDF Start-Up and Commissioning – complete December 2022
· PCWRP WPFPS Start-Up and Commissioning – October – February 2022
· Substantial Completion – February 28, 2022
· Final Completion – March 31, 2022
· Submission of Record Drawings and Project Records – April 30, 2022
Very truly yours,
Brandt Miller, PE
Senior Associate
DocuSign Envelope ID: CE9BA90B-455D-4CD7-981A-E36625833B22
Certificate Of Completion
Envelope Id: CE9BA90B455D4CD7981AE36625833B22 Status: Completed
Subject: Please DocuSign: City Council Contract 5768--Amendment 6
Source Envelope:
Document Pages: 7 Signatures: 5 Envelope Originator:
Certificate Pages: 6 Initials: 1 Lori Hewell
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
lori.hewell@cityofdenton.com
IP Address: 198.49.140.104
Record Tracking
Status: Original
12/27/2022 8:27:56 AM
Holder: Lori Hewell
lori.hewell@cityofdenton.com
Location: DocuSign
Status: Original
1/5/2023 12:48:30 PM
Holder: Crystal Westbrook
crystal.westbrook@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.104
Sent: 12/27/2022 8:30:50 AM
Viewed: 12/27/2022 8:31:00 AM
Signed: 12/27/2022 8:32:46 AM
Electronic Record and Signature Disclosure:
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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
Deputy City Attorney
City of Denton
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Chamindra Dassanayake
cdassanayake@hazenandsawyer.com
Vice President
Hazen and Sawyer
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Electronic Record and Signature Disclosure:
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ID: 09c39500-2d30-485f-ae33-5ab7ab61854b
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Stephen D. Gay
stephen.gay@cityofdenton.com
Director
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Electronic Record and Signature Disclosure:
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ID: 3a46e871-23a8-4b46-8bb8-1326a0243b0a
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
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Completed
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Sent: 1/6/2023 6:38:27 AM
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Sara Hensley
sara.hensley@cityofdenton.com
City Manager
City of Denton
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Rosa Rios
rosa.rios@cityofdenton.com
City Secretary
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ID: adb2b85f-47fc-4909-9e1f-53fe4e8e538e
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Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
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Sent: 12/27/2022 8:32:51 AM
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Sherri Thurman
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Gretna Jones
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Legal Secretary
City of Denton
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David Brown
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PM
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Electronic Record and Signature Disclosure:
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Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Chamindra Dassanayake, Stephen D. Gay, Rosa Rios, Annie Bunger, David Brown
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