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5768 - Amendment 4 Executed Docusign City Council Transmittal Coversheet File Name Purchasing Contact City Council Target Date Piggy Back Option Contract Expiration Ordinance DocuSign Envelope ID: 1BE27FF3-867F-4C97-87EA-E94DC7A5246E 5768PSA HICKORY ST BASIN PEAK FLOW DETENTION FACILITY-AMEND 4 Not Applicable Crystal Westbrook January 12, 2021 N/A 21-015 5768 Contract – Amendment # 4 Page 1 of 2 FORTH 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 FORTH 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”); (collectively, the Original Agreement, the First Amendment, the Second Amendment and the Third 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 $144,150 with this Amendment for an aggregate not-to-exceed amount of $1,346,964; 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 $144,150. DocuSign Envelope ID: 1BE27FF3-867F-4C97-87EA-E94DC7A5246E 5768 Contract – Amendment # 4 Page 2 of 2 2. This Amendment modifies the Agreement amount to provide an additional $144,150 for the additional services with a revised aggregate not to exceed total of $1,346,964. 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: _______________________________ TODD HILEMAN, CITY MANAGER ATTEST: ROSA RIOS, CITY SECRETARY By: _________________________________ “CONSULTANT” Hazen and Sawyer P.C. By: ___________________________ AUTHORIZED SIGNATURE, TITLE ATTEST: APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY By: _______________________________ 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: 1BE27FF3-867F-4C97-87EA-E94DC7A5246E Vice President Terrance Naulty Interim Director Water/Wastewater Utilities 01/12/2021 Job no hazenandsawyer.com Hazen and Sawyer 8150 N. Central Expressway, Suite 700 Dallas, TX 75206 • 214.382.5750 October 7, 2020 Stephen Moore, PE Project Manager City of Denton 901A Texas Street Denton, TX Re: Contract 5768 Additional Engineering Services Amendment Dear Mr. Moore: Hazen and Sawyer (Hazen) has prepared this amendment request at your direction for Contract 5768 for additional engineering services during construction. The additional services include the following tasks: 1. Permit Support: Hazen shall provide the following permit support activities • Hickory Creek Detention Facility (HCDF) Development Services Permitting Comments: Address all comments provided by Development Services review dated March 9, 2020 except comments WS101 through WS107, which are to be addressed by the Contractor. Denton Municipal Electric (DME) drawing comments will be addressed but all other requirements to coordinate and submit information to DME will be performed by the City and/or Contractor. The effort assumes incorporating edits to the drawings based on the comments received and resubmitting. Two round of revisions is anticpated for approval. The effort includes TxDOT permit support. • HCDF Zoning and Compliance Plan development using the existing drawings and adding additional information listed on the ZCP checklist. Three rounds of comments is anticipated. • Pecan Creek Water Reclamation Plant (PCWRP) West Peak Flow Pump Station (WPFPS) Development Services Comments: Address all comments provided by Development Services review dated March 9, 2020 except comments WS101 through WS104, which are to be addressed by the Contractor. DME drawing comments will be addressed but all other requirements to coordinate and submit information to DME will be performed by the City and/or Contractor. The effort assumes incorporating edits to the drawings based on the comments received and resubmitting. Three round of revisions is anticpated for approval. • PCWRP WPFPS Zoning and Compliance Plan development using the existing drawings and adding additional information listed on the ZCP checklist. Three rounds of comments is anticipated. • Kansas City Southern (KCS) permit support including redesign to meet current standards that have changed since the time of the original design in 2015. One round of comments is anticipated. ATTACHMENT A DocuSign Envelope ID: 1BE27FF3-867F-4C97-87EA-E94DC7A5246E Stephen Moore, PE October 7, 2020 Page 2 of 2 hazenandsawyer.com 2. Hickory Creek Lift Station shall perfoem the following additional engineering services during construction: • Review of 49 additional submittals. Original budget included review of 65 submittals and 13 resubmittals. As of April 20, 2020, Hazen has reviewed 112 submittals of which 52 are resubmittals. There are 8 remaining resubmittals and Hazen estimates an additional 7 submittals for review. • Conduct six additional construction progress meetings. Original scope included 9 construction progress meetings with the 9th construction progress meeting held in April 2020. • Development and submission of technical memorandum that compares the power consumption and life cycle cost between the two specified pump manufacturers. • Design new cast-in-place concrete manhole for change order to replace specified FRP manhole for the debris screen. • Design of stainless steel access hatch over wet well for change order to replace manufactured aluminum access hatch to allow for larger hatch opening for clear access for both pump removal and installation of electrical cables. • Provide construction management services for period of 6 months when City of Denton did not have city engineer available to manage the contractor. Services included enforcing contract requirements, review of independent testing results, and coordinating Contractor’s activities with the City. Very truly yours, Brandt Miller, PE Project Manager cc: Chamindra Dassanayake, PhD, PE; Scott Hardy, PMP, PE DocuSign Envelope ID: 1BE27FF3-867F-4C97-87EA-E94DC7A5246E City of Denton 5768 Engineering Service Fee Breakdown / Details 10/7/2020 TASK Project Engineer Scott Hardy Senior Engineer Brandt Miller Senior Scientist Engineer Senior Engineer Jay London Assistant Engineer Engineer Ford Assistant Engineer Senior Engineer Brett Bueltel Assistant Engineer Assistant Engineer CADD Bautista Labor ODC Sub (PKCE)Subtotal HCDF Address Permitting Comments 32 8 2 1 6 1 4 0 24 78 12,200$ -$ 10,800$ 23,000$ HCDF Zoning Compliance Plan 40 0 0 0 2 0 2 0 24 68 11,000$ -$ -$ 11,000$ WPFPS Address Permitting Comments 28 8 2 0 6 1 2 0 24 71 10,900$ -$ -$ 10,900$ WPFPS Zoning Compliance Plan 24 0 0 0 2 0 2 0 24 52 7,600$ -$ -$ 7,600$ HCDF D6 - Downstream Assessment 3 40 40 0 4 0 87 13,300$ -$ -$ 13,300$ PCWRP D6 - Downstream Assessment 2 24 24 0 0 0 50 7,800$ -$ -$ 7,800$ KCS Permit Response 4 32 36 3,400$ -$ -$ 3,400$ 0 -$ -$ -$ -$ Hours Subtotal 0 129 64 64 16 8 1 16 2 10 0 96 442 66,200$ -$ 10,800$ 77,000$ Additional Shop Drawings (49 Additional @ 4.6 hr/submittal)49 98 4 20 8 36 8 223 30,900$ 30,900$ Additional Construction Progress Meetings (6 Additional Meetings)12 12 2,680$ 2,680$ Pump Change and Power Usage TM 12 8 20 3,530$ 3,530$ Design of Cast-In-Place MH 4 2 16 16 38 4,480$ 4,480$ Design of Custom Wet Well Hatch Cover 4 2 16 12 34 4,160$ 4,160$ Construction Management (Oct 2019 thru March 2020 - 6 months @16 hrs/mo)96 96 21,400$ 21,400$ 0 -$ -$ Hours Subtotal 177 0 0 0 0 106 8 52 8 36 8 28 423 67,150$ -$ 67,150$ Amendment Total 144,150$ PM 2. HCLS Engineering Services during Construction 1. Hickory Creek Detention Facility and PCWRP West Peak Flow Pump Station Permitting Support FeeMechanicalStructuralElectricalInstrumentationCivil Hickory Creek Detention Facility and West Peak Flow Pump Station Permitting Support Hickory Creek Lift Station Construction Administration Services Total Hours DocuSign Envelope ID: 1BE27FF3-867F-4C97-87EA-E94DC7A5246E Certificate Of Completion Envelope Id: 1BE27FF3867F4C9787EAE94DC7A5246E Status: Completed Subject: Please DocuSign: City Council Contract 5768-Hickory St Basin Peak Flow Detention Facility-Amend #4 Source Envelope: Document Pages: 6 Signatures: 5 Envelope Originator: Certificate Pages: 6 Initials: 1 Crystal Westbrook AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 901B Texas Street Denton, TX 76209 crystal.westbrook@cityofdenton.com IP Address: 198.49.140.104 Record Tracking Status: Original 12/17/2020 9:58:35 AM Holder: Crystal Westbrook crystal.westbrook@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Crystal Westbrook crystal.westbrook@cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.104 Sent: 12/17/2020 10:04:32 AM Viewed: 12/17/2020 10:05:49 AM Signed: 12/17/2020 10:06:53 AM 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) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Sent: 12/17/2020 10:06:54 AM Viewed: 12/17/2020 10:33:08 AM Signed: 12/17/2020 10:36:09 AM 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) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Sent: 12/17/2020 10:36:10 AM Viewed: 12/17/2020 10:40:44 AM Signed: 12/17/2020 10:47:07 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Chamindra Dassanayake cdassanayake@hazenandsawyer.com Vice President Hazen and Sawyer Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 174.197.77.232 Signed using mobile Sent: 12/17/2020 10:47:10 AM Viewed: 12/22/2020 2:53:39 PM Signed: 12/22/2020 2:54:09 PM Electronic Record and Signature Disclosure: Accepted: 12/22/2020 2:53:39 PM ID: 74d0ac9c-88d5-4bc2-ba9d-6f9800e5e64b Signer Events Signature Timestamp Terrance Naulty terrance.naulty@cityofdenton.com Interim Director Water/Wastewater City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Sent: 12/22/2020 2:54:11 PM Viewed: 12/29/2020 3:31:35 PM Signed: 12/29/2020 3:32:21 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.104 Sent: 12/29/2020 3:32:23 PM Viewed: 1/13/2021 8:16:10 AM Signed: 1/13/2021 8:16:50 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Todd Hileman Todd.Hileman@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 107.77.200.71 Signed using mobile Sent: 1/13/2021 8:16:52 AM Viewed: 1/13/2021 9:23:58 AM Signed: 1/13/2021 9:24:05 AM Electronic Record and Signature Disclosure: Accepted: 7/25/2017 11:02:14 AM ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21 Rosa Rios rosa.rios@cityofdenton.com City Secretary Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 1/13/2021 9:24:08 AM Viewed: 1/13/2021 11:55:03 AM Signed: 1/13/2021 11:55:21 AM Electronic Record and Signature Disclosure: Accepted: 1/13/2021 11:55:03 AM ID: 891f34ac-12cd-4be6-a1db-7bf45b9789eb 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 Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Sent: 12/17/2020 10:06:55 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy Events Status Timestamp Sherri Thurman sherri.thurman@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Sent: 12/29/2020 3:32:23 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Gretna Jones gretna.jones@cityofdenton.com Legal Secretary City of Denton Security Level: Email, Account Authentication (None) Sent: 12/29/2020 3:32:24 PM Viewed: 12/29/2020 3:33:31 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Zolina Parker zolina.parker@cityofdenton.com Security Level: Email, Account Authentication (None) Sent: 1/13/2021 11:55:23 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Pritam Deshmukh pritam.deshmukh@cityofdenton.com Deputy City Engineer Security Level: Email, Account Authentication (None) Sent: 1/13/2021 11:55:23 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 12/17/2020 10:04:32 AM Certified Delivered Security Checked 1/13/2021 11:55:03 AM Signing Complete Security Checked 1/13/2021 11:55:21 AM Completed Security Checked 1/13/2021 11:55:23 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton 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