21-89121-891ORDINANCE 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:
34
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PASSED AND APPROVED this the 18tb day of 202 1
/“’7-C/
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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
BY:\XtxxaLia
B::HLaJIcs:3:eddcEli HiS:l:=,ndnc=ndad
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DocuSign Envelope ID: F17B3FAB-7D754282-95Al-DA4FDD7701 12
DENTON
Docusign City Council Transmittal Coversheet
5768PSA
File Name I HICKORY ST BASIN PEAK FLOW DETENTION FACILITY-AMEND 5
P.„h„i„g C,.t„t c 'y;t;1 w =;tb'''k
City Council Target Date MAY 18’ 2021
Piggy Back Option
Contract Expiration
21Ordinance 891
I SV L mF/ F/ 1 1 \_ELla IC
N/A
DocuSign Envelope ID: F17B3FAB-7D754282-95Al-DA4FDD7701 12
FIFTH 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 FIFTH 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 07, 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”) (collectively, the Original Agreement, the First Amendment, the Second
Amendment, the Third Amendment and the Fourth 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 $66,742 with this Amendment for an
aggregate not-to-exceed amount of $ 1,413,706; 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
Attachment “A“ to this Amendment, a total fee, including reimbursement for non-
labor expenses an amount not to exceed $66,742.
5768 Contract – Amendment # 4 Page 1 of 2
DocuSign Envelope ID: F17B3FAB-7D754282-95Al-DA4FDD770112
2. This Amendment modifies the Agreement amount to provide an additional $66,742
for the additional services with a revised aggregate not to exceed total of
$ 1 ,413,706.
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 ele:!onically, b&57ig BBslgh their respective duly authorized representativesand officers on this date "“ '- ’
“CITY”
“CONSULTANT”
Hazen and Sawyer P.C.CITY OF DENTON, TEXAS
A Texas Municipal Corporation
SMA HtML?
DocuSigned by:
By:
AUTHORIZEb SIGNATURE, TITLE
SARA HENSLEY, INTERIM CITY
MANAGER
DocuSlgned bF
LA'„"DocuSlgned by:
By
ATTEST:
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEYATTEST:
ROSA RIOS, CITY SECRETARY
By:
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
Stephen D. Gay
SIGNATURE PRINTED NAME
Di rector , Water and Wastewater
TITLE
Water and Wastewater
DEPARTMENT
Page 2 of 2
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ATTACHMENT A
Hazen Hazen and Sawyer
8150 N. Central Expressway, Suite 700
Dallas, TX 75206 ' 214.382.5750
April 1, 2021
Chris Campbell
Superintendent - Capital Projects
Water and Wastewater Utilities
City of Denton
901-A Texas Street
Denton, TX 76209
Re: Construction Management Services Amendment
Contract 5768 - Hickory Creek Lift Station
Dear Mr. Campbell:
Hazen and Sawyer (Hazen) has prepared this amendment request for Contract 5768 for additional
engineering services during construction for the Hickory Creek Lift Station (HCLS). This is the second
amendment for engineering services during construction of the HCLS. The first amendment continued
construction services through October 2020. With further construction delays, Hazen was able to extend
services by an additional 4 months to February 2021 and is currently out of budget. Based on the current
progress of the project, Hazen estimates that the final completion of the project will occur by September
1, 202 1, which is the basis for this amendment.
With this amendment, Hazen will continue to provide construction administration services in the role of
Engineer as described in the Contract Documents. Below is a list of tasks that Hazen will perform:
1.
2
3.
4.
5.
6.
7
Construction Progress Meetings – Conduct up to six (6) construction progress meetings to
review construction progress. Hazen will provide agenda and meeting minutes.
Additional Site Visits – Hazen will provide additional site visits, not including construction
progress meetings, to observe the progress and the quality of work and for coordination of the
work. Hazen will provide up to 4 additional site visits.
Monthly Pay Request Review - Hazen will review and comment on up to 6 monthly and final
Progress Payment based on the observations of the performed work.
Engineering Support – Review any additional submittals, respond to RFls, review change
order proposals and provide any technical evaluations and recommendations for construction
ISsues
O&M Manual Coordination – Hazen will review and provide comments on preliminary and
final O&M manuals. Hazen will review up to 15 O&M manuals.
Startup and Commissioning – Hazen will provide assistance with confirming performance
and operation of the lift station, as well as provide trouble shooting assistance.
Project Closeout – Hazen will perform site visit to develop punch list, review request for
substantial completion, perform final walk through and perform other project closeout
requirements. Hazen will archive all the construction information and provide electronic copy
on a DVD
aCaa-}
hazenandsawyer.com
DocuSign Envelope ID: F17B3FAB-7D754282-95Al-DA4FDD7701 12
Hazen Chris Campbell
April !, 2021
8. Record Drawings – Hazen will revise the construction drawings in accordance with the
information furnished by the Contractor, reflecting changes made during construction. Hazen
will provide one full-size (22“x34”) and one half-size (ll“x17”) bound set and one electronic
copy in PDF format.
Schedule
This amendment is based on the latest schedule from Rey-Mar received on March 25, 2021. Note that the
construction schedule did not include the demolition of the existing lift station electrical equipment,
which is the reason for the longer proposed schedule below:
•
•
•
•
•
•
•
Force main tie-in – End of April 202 1
Start-Up and Commissioning – May 202 1
30-Day Performance Test – June 202 1
Demolition of Existing Lift Station Electrical – July 202 1
Substantial Completion – August 1, 2021
Final Completion – September 1, 202 1
Submission of Record Drawings and Project Records – October 1, 2021
Very truly yours,
%'&?
Scott A. Hardy, PE, PMP
Senior Associate
Enclosure: Draft Level of Effort
Page 2 of 2
hazenandsawyer.com
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