23-330ORDINANCE NO. 23-330
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPALCORPORATION, AUTHORIZING THE APPROVAL OF A SIXTH AMENDMENT TO APROFESSIONAL SERVICES AGREEMnqT BETWEEN THE CITY OF DENTON AND HAZENAND SAWYER, P.C., AMENDING THE CONTRACT APPROVED BY CITY COUNCIL ONJULY 21, 2015, IN THE NOT-TO-EXCEED AMOUNT OF $427,368.00; AMENDED BYAMENDMENTS 1-5 APPROVED BY CITY COUNCIL; SAID SIXTH AMENDMENT TOPROVIDE ADDITIONAL ENGINEERING SERVICES AND PERMITTING SUPPORT FOR THEHICKORY CREEK BASIN PEAK FLOW DETENTION FACILITY AND THE HICKORY
CREEK LIFT STATION PROJECT; PROVIDING FOR THE EXPENDITURE OF FUNDSTHEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 5768 – PROVIDING FOR ANADDITIONAL SIXTH AMENDMENT EXPENDITURE AMOUNT NOT-TO-EXCEED
$ 164,300.00, WITH THE TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $1,578,006.00).
WHEREAS, on July 21, 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.C. in the amount of $112,758.00, for the design of the Hickory Creek Basin Peak Flow Detention
Facility, and
WHEREAS, on February 8, 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, on May 18, 2021, the City awarded a Fifth Amendment to Hazen and Sawyer,
P.C. in the amount of $66,742.00, 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, this procurement was undertaken as part of the City’s governmental function;
and
WHEREAS, the additional fees under the proposed Sixth 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 COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Sixth 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
One Hundred Sixty-Four Thousand Three Hundred and 00/100 ($164,300.00) Dollars, is hereby
approved and the expenditure of funds therefor is hereby authorized in accordance with saidamendment which shall be attached hereto. The total contract amount increases to $1,578,006.00.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
The motion to a])prqve this ordinance was made by J, ssc NJ , s and
seconded by gil ki By r J . The ordinance was py thefollowing vote K-A :
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:\/
7
b/
/
Vicki Byrd, District 1 :
Brian Beck, District 2:
Jesse Davis, District 3 :
VACANT, District 4:
Brandon Chase McGee, At Large Place 5 :/
,/Chris Watts, At Large Place 6:
PASSED AND APPROVED this the -l '-day of al raaf 2023
gOdaETAFFrHFSmfbtAY6i
ATTEST:
ROSA RIOS, CITY SECRETARY L\\\11111111
b/-/£z2
APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEY
Digitally signed by MarcellaLunn
DN: cn=Marcella Lunn. o.
JLAb ::= FeTEFunin@dvofdeA–ntan.currFaUh–––
Date: 2023.01.12 22:06:OI
-06'OO'
BY. \X#LVcLUJ\
DocuSign Envelope ID: CE9BA90B-455D4CD7-981A-E36625833B22
DENTON
Docusign City Council Transmittal Coversheet
5768
FileName I Hickory st Basin Peak Flow Detention Fac11ity - Amend
Purchasing Contact CrYsta1 WestbrQ'k
City Council Target Date FEBRUARY 7 ’ 2023
Piggy Back Option
Contract Expiration
Ordinance
PSA
Not Applicab1 e
N/A
23-330
DocuSign Envelope ID: CE9BA90B455D4CD7.981A-E36625833B22
SIXTH AMENDMENT TO CONTRACTBY AND BETWEEN THE CITY OF DENTON, TEXASAND HA ZEN 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 SI,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 8164,300 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 byConsultant. 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
5768 Contract – Amendment # 6 Page 1 of 3
DocuSign Envelope ID: CE9BA90B-455DztCD7-981A-E36625833B22
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 electTonicallyo})b99goqvough their respective duly authorized representativesand officers on this date
“CITY”“CONSULTANT”
Hazen and Sawyer P.C.CITY OF DENTON, TEXAS
A Texas Municipal Corporation
DocuSigned by:
By: I kuHn&
By:AUTH6t Ma$}ATURE, TITLE
CITY MANAGER ATTEST:APPROVED AS TO LEGAL FORM:
MACK REnqWAND, CITYATTORNEYATTEST:
ROSA RIOS, CITY SECRETARY
DocuSigned by:By:Rat4R£a#’DocuSigned by:
hartLLLa
48070831 B4AA438
5768 Contract – Amendment # 6 Page 2 of 3
DocuSign Envelope ID: CE9BA90BJ+55D-4CD7-981A-E36625833B22
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
Stephen D. Gay
PRINTED NAME
D1 rector
TITLE
Water Uti11ti es
DEPARTMENT
5768 Contract – Amendment # 6 Page 3 of 3
DocuSign Envelope ID: CE9BA90B455DJ+CD7-981A-E36625833B22ArrACHMENT A
Hazen Hazen and Sawyer
8150 N. Central Expressway, Suite 700Dallas, TX 75206 • 214.382.5750
October 14, 2022
David Brown
Construction Project ManagerWater and Wastewater Utilities
City of Denton901-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.
100
XIab0(C
2 Design of Retaining Wall (TCWPFPS): 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
hazenandsawyer.com
DocuSign Envelope ID: CE9BA90B455D'+CD7-981A-E36625833B22
Hazen David Brown
October 14, 2022
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 202 1.
4. Review of Additional Shop Drawings (HCDF & PCWFPS): Hazen’s scope included the
review of 85 shop drawings. Because of the high number ofresubmissions from incompleteness
or non-conformance to the contract requirements, the current total of submiaals 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
Redesign Foundation for Odor Control Equipment
Pad and Electrical Pad (HCD $43,800
$14,500Desjgn of Retaining Wall (PCWPFPSAdditional 15 Months of Construction
Administration Services (Both Projects
Review of Additional Shop Drawings (BothProjects
$26,200
800
$12,000
$164,300
42”-RS-FRP Pipe Offset (HCD
Total
hazenandsawyer.com
Page 2 of 3
DocuSign Envelope ID: CE9BA90B-455D'1lCD7-981A-E36625833B22
Hazen David Brown
October 14, 2022
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 3 1, 2022
Submission of Record Drawings and Project Records – April 30, 2022
Very truly yours,
Brandt Miller, PE
Senior Associate
hazenandsawyer.com
Page 3 of 3
[k>cuSign
Certificate Of Completion
Envelope Id: CE9BA90B455D4CD7981 AE36625833B22
Subject: Please DocuSign: City Council Contract 5768–Amendment 6
Status: Completed
Source Envelope:
Document Pages: 7
Certificate Pages: 6AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
Signatures: 5
Initials: 1
Envelope Originator:
Lori Hewell
901 B 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
Status: Original
1/5/2023 12:48:30 PM
Holder: Lori Hewell
lori.hewell@cityofdenton.com
Holder: Crystal Westbrook
crystal.westbrook@cityofdenton.com
Location: DocuSign
Location: DocuSign
Signer Events Signature Timestamp
Sent: 12/27/2022 8:30:50 AM
Viewed: 12/27/2022 8:31 :00 AM
Signed: 12/27/2022 8:32:46 AM
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Completed
Using IP Address: 198.49.140.104
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)
Sent: 12/27/2022 8:32:52 AM
Viewed: 12/27/2022 8:33:25 AM
Signed: 12/27/2022 8:33:38 AM
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Marcella Lunn
marcella.lunn@cityofdenton.com
Deputy City Attorney
City of Denton
Security Level: Email, Account Authentication
(None)
'DocuSigned by:
IALArtLLhLbh&b
.4B070831&4AA438.
Sent: 12/27/2022 8:33:43 AM
Viewed: 12/27/2022 9:17:08 AM
Signed: 12/27/2022 9:17:44 AM
Signature Adoption: Pre-selected Style
Using IP Address: 47.24.6.135
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Chamindra Dassanayake
cdassanayake@hazenandsawyer.comVice President
Hazen and Sawyer
Security Level: Email, Account Authentication(None)
FWL.DEF52433A6CQ487.
Sent: 12/27/2022 9:17:49 AM
Resent: 1/5/2023 12:47:47 PM
Viewed: 1/5/2023 6:14:56 PM
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Using IP Address: 174.202.192.62
Signed using mobile
Electronic Record and Signature Disclosure:Accepted: 1/5/2023 6:14:56 PMID: 09c39500-2d30485f-ae33-5ab7ab61854b
Signer Events
Stephen D. Gay
stephen.gay@cityofdenton.com
Director
Security Level: Email, Account Authentication(None)
Signature
'DacuSigned by:I ,*@ P. *'IFEB488B9726E4A9
Timestamp
Sent: 1/5/2023 6:15:41 PM
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Signed: 1/6/2023 6:38:23 AM
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Signed using mobile
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Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
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Completed 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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Sent: 12/27/2022 8:32:51 AMCheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:Not Offered via DocuSign
Carbon Copy Events
Sherri Thurman
sherri.thurman@cityofdenton.com
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Sent: 1/6/2023 6:38:26 AM
Gretna Jones
gretna.jones@cityofdenton.com
Legal Secretary
City of Denton
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City Secretary Office
citysecretary@cityofdenton.com
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Annie Bunger
annie.bunger@cityofdenton.com
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Sent: 2/8/2023 1 1 :34:34 AM
David Brown
david.brown@cityofdenton.com
PM
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Electronic Record and Signature Disclosure:Accepted: 4/1 0/2019 2:54:36 PMID: 20238ddf-ccd6dld52-988f-8c9f3436055e
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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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