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5768 - Amendment 5 Executed Docusign City Council Transmittal Coversheet File Name Purchasing Contact City Council Target Date Piggy Back Option Contract Expiration Ordinance DocuSign Envelope ID: F17B3FAB-7D75-4282-95A1-DA4FDD770112 Crystal Westbrook HICKORY ST BASIN PEAK FLOW DETENTION FACILITY-AMEND 5 PSA Not Applicable 5768 N/A MAY 18, 2021 21-891 5768 Contract – Amendment # 4 Page 1 of 2 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. DocuSign Envelope ID: F17B3FAB-7D75-4282-95A1-DA4FDD770112 5768 Contract – Amendment # 4 Page 2 of 2 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 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, INTERIM 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: F17B3FAB-7D75-4282-95A1-DA4FDD770112 Stephen D. Gay Director, Water and Wastewater Water and Wastewater 05/18/2021 Job no hazenandsawyer.com 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, 2021, 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. Construction Progress Meetings – Conduct up to six (6) construction progress meetings to review construction progress. Hazen will provide agenda and meeting minutes. 2. 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. 3. 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. 4. Engineering Support – Review any additional submittals, respond to RFIs, review change order proposals and provide any technical evaluations and recommendations for construction issues. 5. 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. 6. Startup and Commissioning – Hazen will provide assistance with confirming performance and operation of the lift station, as well as provide trouble shooting assistance. 7. 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. ATTACHMENT A DocuSign Envelope ID: F17B3FAB-7D75-4282-95A1-DA4FDD770112 Chris Campbell April 1, 2021 Page 2 of 2 hazenandsawyer.com 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 (11”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 2021 · Start-Up and Commissioning – May 2021 · 30-Day Performance Test – June 2021 · Demolition of Existing Lift Station Electrical – July 2021 · Substantial Completion – August 1, 2021 · Final Completion – September 1, 2021 · 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 DocuSign Envelope ID: F17B3FAB-7D75-4282-95A1-DA4FDD770112 City of DentonHickory Creek Lift Station - Amendment 2Engineering Service Fee Breakdown / Details4/1/2021PM Mechanical StructuralI&C CADTASKProject Manager Engineer Lead Engineer Engineer Lead Engineer Engineer Lead Engineer DesignerLaborOther Direct Costs SubtotalHardy Urias Powell Ford Bueltel Stewart Colton366 64,742$ 2,000$ 66,742$ Construction Meetings - 6 Meetings March 2021 - Aug 202112123,072$ -$ 3,072$ Pay Application Reviews6 Pay Applications661,536$ -$ 1,536$ Site Visits 4 Site Visits16164,096$ -$ 4,096$ Engineering Support 6 Months248412420209216,832$ -$ 16,832$ O&M Manual Review & Coordination 41641616568,538$ -$ 8,538$ Startup and Commissioning 2048327,104$ -$ 7,104$ Project Closeout2036446410,842$ -$ 10,842$ Record Drawings88444608812,723$ 2,000$ 14,723$ Fee Subtotal 64,742$ 2,000$ 66,742$ FeeElectrical100. Construction ServicesTotal HoursDocuSign Envelope ID: F17B3FAB-7D75-4282-95A1-DA4FDD770112 Certificate Of Completion Envelope Id: F17B3FAB7D75428295A1DA4FDD770112 Status: Completed Subject: Please DocuSign: City Council Contract 5768--Amendment 5 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 4/15/2021 9:59:37 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: 4/15/2021 10:31:36 AM Viewed: 4/15/2021 10:42:18 AM Signed: 4/15/2021 2:04:47 PM 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: 4/15/2021 2:04:49 PM Viewed: 4/16/2021 8:02:09 AM Signed: 4/16/2021 8:03:22 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: 68.185.202.16 Sent: 4/16/2021 8:03:24 AM Viewed: 4/16/2021 8:27:07 AM Signed: 4/16/2021 8:43:51 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: 76.187.1.65 Signed using mobile Sent: 4/16/2021 8:43:53 AM Viewed: 4/16/2021 8:47:18 AM Signed: 4/16/2021 8:48:37 AM Electronic Record and Signature Disclosure: Accepted: 4/16/2021 8:47:18 AM ID: b199305b-7e73-4b7c-b612-af48771908a8 Signer Events Signature Timestamp Stephen D. Gay stephen.gay@cityofdenton.com Director, Water and Wastewater Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 4/16/2021 8:48:39 AM Viewed: 4/16/2021 12:32:23 PM Signed: 4/16/2021 12:43:31 PM Electronic Record and Signature Disclosure: Accepted: 4/16/2021 12:32:23 PM ID: 4c05933d-c617-4848-9faa-746d3c46babb Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.10 Sent: 4/16/2021 12:43:33 PM Viewed: 5/19/2021 8:33:39 AM Signed: 5/19/2021 8:34:19 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Sara Hensley sara.hensley@cityofdenton.com Interim City Manager City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 5/19/2021 8:34:22 AM Viewed: 5/19/2021 8:35:06 AM Signed: 5/19/2021 8:35:15 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Rosa Rios rosa.rios@cityofdenton.com City Secretary Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 47.184.66.131 Sent: 5/19/2021 8:35:17 AM Viewed: 5/19/2021 8:39:44 AM Signed: 5/19/2021 8:40:43 AM Electronic Record and Signature Disclosure: Accepted: 5/19/2021 8:39:44 AM ID: 8d51a377-c5d2-4395-9db6-231873d3fc34 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: 4/15/2021 2:04:49 PM 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: 4/16/2021 12:43:33 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: 4/16/2021 12:43:34 PM Viewed: 4/19/2021 4:45:09 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign City Secretary Office citysecretary@cityofdenton.com Security Level: Email, Account Authentication (None) Sent: 5/19/2021 8:40:45 AM Viewed: 5/19/2021 9:21:16 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Annie Bunger annie.bunger@cityofdenton.com Contract Control Specialist City of Denton Security Level: Email, Account Authentication (None) Sent: 5/19/2021 8:40:46 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Chris Campbell chris.campbell@cityofdenton.com Security Level: Email, Account Authentication (None) Sent: 5/19/2021 8:40:46 AM Electronic Record and Signature Disclosure: Accepted: 5/17/2021 7:56:08 AM ID: d784b813-e4d5-4ac8-a4ab-ad68d57adf36 Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 4/15/2021 10:31:36 AM Certified Delivered Security Checked 5/19/2021 8:39:44 AM Signing Complete Security Checked 5/19/2021 8:40:43 AM Completed Security Checked 5/19/2021 8:40:46 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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