21-2131ORDINANCE NO. 21-2131
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL
CORPORATION, AUTHORIZING THE APPROVAL OF CHANGE ORDER NO. 2 TO THE
CONTRACT BETWEEN THE CITY OF DENTON AND ARCHER WESTERN
CONSTRUCTION, LLC, TO PROVIDE ADDITIONAL CONSTRUCTION SERVICES FOR THE
HICKORY CREEK DETENTION FACILITY PROJECT; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDINGAN EFFECTIVEDATE (RFP 7061
— CHANGE ORDER NO. 2 IN THE NOT -TO -EXCEED AMOUNT OF $128,824.49, FOR A
TOTAL CONTRACT AWARD AGGREGATED TO $14,587,635.62).
WHEREAS, on January 28, 2020, by Ordinance No. 20-041, the City Council awarded a
contract to Archer Western Construction, LLC, in the amount of $14,458,000.00, for the construction
of the Hickory Creek Detention Facility and Pecan Creek West Peak Flow Pump Station for the
Wastewater Department; and
WHEREAS, on February 12, 2021, Purchasing awarded a Change Order No. 1 between the
City of Denton and Archer Western Construction, LLC, in the not -to -exceed amount of
$14,458,811.13; and
WHEREAS, the Staff having recommended, and the City Manager having recommended to
the Council that a change order be authorized to amend such contract agreement with respect to the
scope of work and an increase in the payment amount; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Change Order No. 2, increasing the amount of the contract between the City
and Archer Western Construction, LLC, which is on file in the office of the Purchasing Agent, in the
amount of One Hundred Twenty -Eight Thousand Eight Hundred Twenty -Four and 491100
($128,824.49) dollars, is hereby approved, and the expenditure of funds therefore is hereby
authorized in accordance with said change order which shall be attached hereto. The total purchase
order amount increases to $14,587,635.62.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by , e__ 3)�� }S and
seconded by1 ; a ('� le_-C.le— This ordinance was passed and approved by the
following vote r '7 -
.._Qj:
Aye Nay Abstain Absent
Mayor Gerard Hudspeth: �r
Vicki Byrd, District 1: ,!
Brian Beck, District 2: .%
Jesse Davis, District 3:
Alison Maguire, District 4: ,f
Deb Armintor, At Large Place 5: .!
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the }'V1.16 day of QG�-Ol�e� , 2021•
ATTEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Digitally signed by Marcella Lunn
DN: cn=Marcella Lunn, o, oudity
r afDenton,
��-'-:'•1.l ema€f-marcella,lunn@cityofdento
nxann,c=US
BY: Date: 2021.10.0509:08:01-05'00'
GERARD HUDSPETH, MAYOR
DocuSign Envelope ID: 02A3DE27-04AB-4051-BE70-6AE9266D3866
I CITY
DENTON
Docusign City Council Transmittal Coversheet
RFP
7061
File Name
HICKORY CREEK DETENTION FACILITY CONSTRUCTION CO #2
Purchasing Contact
crystal westbrook
City Council Target Date
OCTOBER 12, 2021
Piggy Back Option
Not Applicable
Contract Expiration
N/A
Ordinance
21-2131
DocuSign Envelope ID: 02A3DE27-04AS-4051-SE70-6AE9266D3866
CHANGE ORDER/CONTRACT REVISION
CITY OF DENTON, TEXAS - OWNER
BID/RFP # 7061 P.O. # 192392 CHANGE ORDER #: 2
HICKORY CREEK DETENTION FACILITY CONSTRUCTION
PROJECT: 10/12/2021
DATED:
CONTRACTOR:
ARCHER WESTERN CONSTRUCTION CONTRACT DATE: 01/26/2020
14110 GREENWAY DRIVE 640163541.1360.40100
JDE ACCT #
IRVING, TX 75038
THIS CHANGE ORDER/REVISION MAKES THE FOLLOWING CHANGES IN THIS CONTRACT:
(written description or attach back up)
THE ORIGINAL(CONTRACT SUM) ......................
....$14,458,000.00
NET CHANGE BY PREVIOUSLY AUTHORIZED CHANGE ORDERS...............$811.13
THE (CONTRACT SUM) PRIOR TO THIS CHANGE ORDER ...............$14,458,811.13
THE (CONTRACT SUM) WILL BE(INCREASED)BY THIS CHANGE
ORDER........................................................................................................................$128,824.49
THE NEW(CONTRACT SUM)INCLUDING THIS CHANGE ORDER WILL
BE................................................................................................................................ $14,587,635.62
THE CONTRACT TIME WILL BE (INCREASED)BY..........................................NA
THE DATE OF SUBSTANTIAL COMPLETION AS OF THE DATE OF 10/12/2021
THIS CHANGE ORDER THEREFORE IS...........................................................................
Archer western Construction
CONTRACTOR (as above)
1411 Greenway Drive
ADDRESS
Irving Texas 75038
CDwLsSigned by;
5�i� DocuSigned by:
358394AC7AA242F.._
A4FF...
SIGNATURE
Scott smiley Grady Hill
PRINT NAME
9/17/2021 9/17/2021
IHG11Y0
City of Denton _
OWNER
901-B Texas Str.
ADDRESS
Denton, TX 76209
DocuSiigLgned by:
f7
SIGNATURE
Sara Hensley SARA HENSLEY,
PRINT NAME AND TITLE
10/13/2021
DATE
CITY
DocuSign Envelope ID: 02A3DE27-04AB-4051-BE70-6AE9266D3866
ATTEST:
ROSA RIOS, CITY SECRETARY
DoauSigned by;
COQ ltd
By: iC5CA8C5E175493...
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
UaauSipned by:
By: 4807o831B4AA438...
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
F
'aacuSfgned py;
'�f6w �' 'C'q Stephen D. Gay
_�rnAUQQe��acena _ � [
SIGNATURE PRINTED NAME
Director, water utilities
TITLE
water utilities
DEPARTMENT
DocuSign Envelope 11): 02A3DE27-04AB-4051-BE70-6AE9266D3866
Hazen
August 3, 2021
Hazen and Sawyer
8150 N. Central Expressway, Suite 700
Dallas, TX 75206 •214.382.5750
Chris Campbell
Superintendent — Capital Projects
Water & Wastewater Utilities
City of Denton
Re: Outstanding Proposed Contract Modifications
Dear Mr. Campbell:
As requested, find below a summary of current open proposed contract modifications (PCMB).
PCM -005 Pecan Creek Pipe Support Modifications
PCM -006 Hickory Creek Waterline Change
PCM -007 Color Coded C900 Pipe
PCM -009 Primary Power Underground and Bollards
PCM -011 Hickory Creek Foundation Piers
PCM -012 Ultrasonic Level Element Mount
PCM -013 Pecan Creek Access Doors
Description of Change -
PCM -005 Pecan Creek Pipe Support Modifications
Change materials for pipe supports inside Pecan Creek WRP WPFPS wet well from galvanized
steel to stainless steel. Contract requirement is for galvanized pipe supports for exposed wastewater pipe
in all locations. Hazen and COD discussed during submittal review that stainless steel supports are
preferred inside the wet well due to corrosive environment.
PCM -006 Hickory Creek Waterline Change
Change waterline at the Hickory Creek Detention Facility to reflect new requirements during
permitting. Increase pressure class from DR 18 to DR 14, decrease pipe size from 8" to 6", increase casing
thickness at railroad crossing from 318" to 112", and increase pipe depth at railroad crossing by 4 feet.
hazenandsawyer.com
DocuSign Envelope ID: 02A3DE27-04AB- 051-BE70-6AE9266D3866
Hazen
ChAs Campbell
August 3, 021
Add 6" water meter vault — design intent was for City of Denton to arrange installation
separately.
PCM -007 Color Coded C900 Pipe
Cost increase to provide C900 pipe in City of Denton's preferred color. Cost increase affected by
material shortages and market volatility,
PCM -009 Primary Power Underground and Bollards
During coordination during construction, Denton Municipal Electric stipulated design changes to
move the proposed overhead power drop 230 feet away from the transformer and move the transformer
into the driveway. Add 230 linear feet of direct bury underground conduit between revised power drop
from Denton Municipal Electric and transformer. Add bollards in order to move transformer into
driveway.
PCM -091 Hickory Creek Foundation Piers
The Hickory Creek Detention Facility Pump Station excavation was laid back rather than vertical
as shown in the Contract Drawings. In order to mitigate increased settlement and heave potential near
pump station: modify equipment pads to reflect pier foundations and void forms, modify ductbank routing
and connections. Credit off-site select fill no longer required per geotechnical testing during construction.
60% of net cost borne by Contractor.
PCM -012 Ultrasonic Level Element Mount
The detail for sensor installation through the roof is in conflict with the beams at HCDF Pump
Station and at PCWRP WPF Pump Station. Change to swivel mount in order to provide external
maintenance access to the level sensor.
PCM -093 Pecan Creek Access Doors
Change from supplier's quoted lift off aluminum cover plate to specified access door. Increase
size of access door to accommodate upgraded 1 enlarged pumps proposed during construction.
Page 2 of 3
hazenandsawyer,com
DocuSign Envelope ID: 02A3DE27-04AB-4051-BE70-6AE9266D3866
Hazen
Contract Change Summary:
PCM
Description
Cost
Time
005
Pecan Creek Pipe Support
Modifications
$9,702.05
0 days
006
Hickory Creek Waterline Change
$39,448.59
0 days
007
Color Coded C900 Pipe
$9,420.84
0 days
009
Primary Power Underground and
Bollards
$13,934.61
0 days
011
Hickory Creek Foundation Piers
$41,595.99
0 days
012
Ultrasonic Level Element Mount
$5,407.50
0 days
013
Pecan Creek Access Doors
$9,314.91
0 days
TOTAL:
$128,824.49
0 days
CONTRACTOR APPROVED:
Chris Campbell
August 3, 2021
Grady Hill, Construction Project Manager, Archer Western Date
ENGINEER APPROVED:
Brandt Miller, Project Manager, Hazen Date
OWNER APPROVED:
Chris Campbell, Superintendent of Capital Projects, City of Denton Date
Pritam Deshmukh, Deputy Director Water and Wastewater, City of Denton Date
Page 3 of 3
haze na ndsawyer.com
DocuSign Envelope ID: 02A3DE27-04AB-4051-BE70-6AE926603866
Exhibit 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).
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. ARCHER WESTERN CONSTRUCTION, LLC
2
Check this box if you are filing an update to a previously filed questionnaire.
(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 1 Name of local government officer about whom the information in this section is being disclosed.
None
Name of 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?
L]
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?
71 Yes 0 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 F-1
No
D. Describe each employment or business and family relationship with the local government officer named in this section.
None
4
X I have no Conflict of Interest to disclose.
$ DocuSigned by:
�(hb �Wlllt l� 9/17/2021
Sig ntngWW&X Bing business with the governmental entity Date
Certificate Of Completion
Envelope Id: 02A3DE2704AB4051BE706AE9266D3866
Subject: Please DocuSign. City Council Contract 7061 -Hickory Creek Detention Facility Construction
Source Envelope:
Document Pages: 7 Signatures: 7
Certificate Pages: 6 Initials: 1
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC -06:00) Central Time (US & Canada)
Record Tracking
Status: Original
9/7/2021 2:18:39 PM
Signer Events
Crystal Westbrook
crystal.westbrook@cityofdenton.com
Senior Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Marcella Lunn
marr,ella.lunn@c4ofdenton.com
Catherine Clifton, Interim City Attorney
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Grady Hill
ghill@waishgroup.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 2/11/2021 11:23:06 AM
ID: deb9c42f-4257-486e-a578-d5cd3580e323
Holder: Crystal Westbrook
crystal.westbrook@cityofdenton.com
Signature
Completed
Using IP Address: 198.49.140.104
CUM,
Signature Adoption: Pre -selected Style
Using IP Address: 198.49.140.104
by:`�'f�,o�,[11000!1a11�dVA 631%Wta38.
Signature Adoption: Pre -selected Style
Using IP Address: 68.185.202.16
[DocusIgned by:
132FEF6DC2FFA4FF
Signature Adoption: Uploaded Signature Image
Using IP Address: 174.246.132.0
DocuSign
Status: Completed
Envelope Originator:
Crystal Westbrook
901 B Texas Street
Denton, TX 76209
crystal.westbrook@c4ofdenton.com
IP Address: 198.49.140.104
Location: DocuSign
Timestamp
Sent: 9/7/2021 2:26:19 PM
Viewed: 9/7/2021 2:26:35 PM
Signed: 917/2021 2:31:28 PM
Sent: 9/7/2021 2:31:30 PM
Viewed: 9/8/2021 8:28:13 AM
Signed: 9/8/2021 8:29:09 AM
Sent: 9/8/2021 8:29:11 AM
Viewed: 9/8/2021 3:27:21 PM
Signed: 9/8/2021 3:27:55 PM
Sent: 9/17/2021 12:37:06 PM
Viewed: 9/17/2021 12:40:32 PM
Signed: 9/17/2021 1:03:44 PM
Signer Events
Signature
Timestamp
Scott Smiley
bocL&9'"tl"y'Sent:
9/8/2021 3:27:57 PM
ssmiley@waishgroup.com
C& smb�
1S359WdACTAA2A2F
Resent: 9/17/2021 10:40:10 AM
Business Group Leader
Resent: 9/17/2021 1:03:46 PM
Archer Western Construction
Viewed: 9/91202/ 7:20:43 AM
Security Level: Email, Account Authentication
Signature Adoption: Pre -selected Style
Signed: 9!1712021 1:43:50 PM
(None)
Using IP Address: 159.63.135.38
Electronic Record and Signature Disclosure:
Accepted: 9/17/2021 1:27:36 PM
10: 612e2f6O-Ocl a-442a-9160-1028fb289061
Stephen D. Gay DocuSign° °y' Sent: 9/17/2021 1:43:53 PM
stephen.gay@c4ofdenton.com [k4t, V. C, Viewed: 9/17/2021 1:44:39 PM
Director, Water Utilities FE848929728E4M Signed: 9/17/2021 2:25:58 PM
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre -selected Style
Using iP Address: 198.49.140.10
Electronic Record and Signature Disclosure:
Accepted: 9/17/2021 2:25:30 PM
ID: 90856e89-a67c-4c67-bb64-5fc7a2680d94
Cheyenne Defee Coin E t d Sent: 9/17/2021 2:26:01 PM
cheyenne.defee@cityofdenton.com Viewed: 10/13/2021 10:23:50 AM
Contract Administrator Signed: 10/13/2021 10:25:10 AM
City of Denton Using IP Address: 198.49.140.104
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sara Hensley Ellmuftnld by. Sent: 10/13/2021 10:25:14 AM
sara.hensley@cityofdenton.com Viewed: 10/13/2021 10:30:19 AM
Interim City Manager 52WDE298270423- Signed: 10/13/2021 10:30:24 AM
City of Denton
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
FUS10.1d by:Rosa RiosSent: 10/13/2021 10:30:27 AM
rosa.rios@cityofdenton.com PIZ" Viewed: 10/13/2021 12:10:28 PM
City Secretary CP8C8E178493. Signed: 10/13/2021 12:11:01 PM
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(None) Signature Adoption: Pre -selected Style
Using IP Address: 198.49.140.10
Electronic Record and Signature Disclosure:
Accepted: 10/13/2021 12:10:28 PM
ID: 84c95bc7-4653-487c-b1 d0-551 b8f4f4ab5
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Cheyenne DefeeCOPIED Sent: 9/7/2021 2:31:30 PM
cheyenne.defee@cityofdenton.com
Contract Administrator
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Gretna Jones�� Sent: 9/17/2021 2:26:01 PM
gretna.iones@cityofdenton.com ED Viewed: 9/17/2021 2:56:57 PM
Legal Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
City Secretary Office�� Sent: 10113/2021 12:11:04 PM
citysecretary@cityofdenton.com L�OED Viewed: 10/13/2021 12:53:27 PM
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Annie Bunger Sent: 10113/2021 12:11:05 PM
COPIED
annie.bunger@cityofdenton.com
Contract Control Specialist
City of Denton
Security Level: Email, Account Authenticatfon
(None)
Electronic Record and Signature Disclosure:
Net Offered via DocuSign
Chris Campbell�* C Sent: 10/13/2021 12:11:05 PM
chds.campbell@cityofdenton.com i G
Vertical Infrastructure Manager
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 10/13/2021 8:48:57 AM
ID: a5f1a61f-c6e3-4442-8858-7a77423ac3f0
Witness Events
Signature
Timestamp
Notary Events
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Timestamp
Envelope Summary Events
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Timestamps
Envelope Sent
Hashed/Encrypted
9/7/2021 2:26:19 PM
Certified Delivered
Security Checked
10/13/2021 12:10:28 PM
Signing Complete
Security Checked
10/13/2021 12:11:01 PM
Completed
Security Checked
10/13/2021 12:11:05 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Electronic Record and Signature disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Grady Hill, Scott Smiley, Stephen 0. Gay, Rosa Rios, Chris Campbell
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