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5768 - Amendment 6 Executed Docusign City Council Transmittal Coversheet File Name Purchasing Contact City Council Target Date Piggy Back Option Contract Expiration Ordinance DocuSign Envelope ID: CE9BA90B-455D-4CD7-981A-E36625833B22 Hickory St Basin Peak Flow Detention Facility - Amend 6 5768 Crystal Westbrook Not Applicable PSA N/A FEBRUARY 7, 2023 23-330 5768 Contract – Amendment # 6 Page 1 of 3 SIXTH 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 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 $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”); 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 $164,300 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 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 DocuSign Envelope ID: CE9BA90B-455D-4CD7-981A-E36625833B22 5768 Contract – Amendment # 6 Page 2 of 3 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 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, CITY MANAGER ATTEST: ROSA RIOS, CITY SECRETARY By: _________________________________ “CONSULTANT” Hazen and Sawyer P.C. By: ___________________________ AUTHORIZED SIGNATURE, TITLE ATTEST: APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY By: _______________________________ DocuSign Envelope ID: CE9BA90B-455D-4CD7-981A-E36625833B22 02/07/2023 5768 Contract – Amendment # 6 Page 3 of 3 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: CE9BA90B-455D-4CD7-981A-E36625833B22 Water Utilities Director Stephen D. Gay 60702-005 hazenandsawyer.com Hazen and Sawyer 8150 N. Central Expressway, Suite 700 Dallas, TX 75206 • 214.382.5750 October 14, 2022 David Brown Construction Project Manager Water and Wastewater Utilities City of Denton 901-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. 2. Design of Retaining Wall (PCWPFPS): 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 ATTACHMENT A DocuSign Envelope ID: CE9BA90B-455D-4CD7-981A-E36625833B22 David Brown October 14, 2022 Page 2 of 3 hazenandsawyer.com 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 2021. 4. Review of Additional Shop Drawings (HCDF & PCWFPS): Hazen’s scope included the review of 85 shop drawings. Because of the high number of resubmissions from incompleteness or non-conformance to the contract requirements, the current total of submittals 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 Cost Redesign Foundation for Odor Control Equipment Pad and Electrical Pad (HCDF) $43,800 Design of Retaining Wall (PCWPFPS) $14,500 Additional 15 Months of Construction Administration Services (Both Projects) $26,200 Review of Additional Shop Drawings (Both Projects) $67,800 42”-RS-FRP Pipe Offset (HCDF) $12,000 Total $164,300 DocuSign Envelope ID: CE9BA90B-455D-4CD7-981A-E36625833B22 David Brown October 14, 2022 Page 3 of 3 hazenandsawyer.com 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 31, 2022 · Submission of Record Drawings and Project Records – April 30, 2022 Very truly yours, Brandt Miller, PE Senior Associate DocuSign Envelope ID: CE9BA90B-455D-4CD7-981A-E36625833B22 Certificate Of Completion Envelope Id: CE9BA90B455D4CD7981AE36625833B22 Status: Completed Subject: Please DocuSign: City Council Contract 5768--Amendment 6 Source Envelope: Document Pages: 7 Signatures: 5 Envelope Originator: Certificate Pages: 6 Initials: 1 Lori Hewell AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 901B 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 Holder: Lori Hewell lori.hewell@cityofdenton.com Location: DocuSign Status: Original 1/5/2023 12:48:30 PM Holder: Crystal Westbrook crystal.westbrook@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Lori Hewell lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.104 Sent: 12/27/2022 8:30:50 AM Viewed: 12/27/2022 8:31:00 AM Signed: 12/27/2022 8:32:46 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: 12/27/2022 8:32:52 AM Viewed: 12/27/2022 8:33:25 AM Signed: 12/27/2022 8:33:38 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: 47.24.6.135 Sent: 12/27/2022 8:33:43 AM Viewed: 12/27/2022 9:17:08 AM Signed: 12/27/2022 9:17:44 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: 174.202.192.62 Signed using mobile Sent: 12/27/2022 9:17:49 AM Resent: 1/5/2023 12:47:47 PM Viewed: 1/5/2023 6:14:56 PM Signed: 1/5/2023 6:15:36 PM Electronic Record and Signature Disclosure: Accepted: 1/5/2023 6:14:56 PM ID: 09c39500-2d30-485f-ae33-5ab7ab61854b Signer Events Signature Timestamp Stephen D. Gay stephen.gay@cityofdenton.com Director Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 47.186.197.168 Signed using mobile Sent: 1/5/2023 6:15:41 PM Viewed: 1/6/2023 6:34:25 AM Signed: 1/6/2023 6:38:23 AM Electronic Record and Signature Disclosure: Accepted: 1/6/2023 6:34:25 AM ID: 3a46e871-23a8-4b46-8bb8-1326a0243b0a Cheyenne Defee cheyenne.defee@cityofdenton.com Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.10 Sent: 1/6/2023 6:38:27 AM Viewed: 2/8/2023 8:46:42 AM Signed: 2/8/2023 8:47:01 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Sara Hensley sara.hensley@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 47.190.47.120 Signed using mobile Sent: 2/8/2023 8:47:08 AM Viewed: 2/8/2023 10:01:22 AM Signed: 2/8/2023 10:01:29 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: 198.49.140.10 Sent: 2/8/2023 10:01:36 AM Viewed: 2/8/2023 11:34:06 AM Signed: 2/8/2023 11:34:25 AM Electronic Record and Signature Disclosure: Accepted: 2/8/2023 11:34:06 AM ID: adb2b85f-47fc-4909-9e1f-53fe4e8e538e 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 Procurement Administration Supervisor City of Denton Security Level: Email, Account Authentication (None) Sent: 12/27/2022 8:32:51 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy Events Status Timestamp Sherri Thurman sherri.thurman@cityofdenton.com Security Level: Email, Account Authentication (None) Sent: 1/6/2023 6:38:26 AM 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: 1/6/2023 6:38:27 AM Viewed: 1/6/2023 10:34:46 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign City Secretary Office citysecretary@cityofdenton.com Security Level: Email, Account Authentication (None) Sent: 2/8/2023 11:34:31 AM Viewed: 2/8/2023 12:16:14 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Annie Bunger annie.bunger@cityofdenton.com Security Level: Email, Account Authentication (None) Sent: 2/8/2023 11:34:34 AM Viewed: 2/8/2023 1:07:45 PM Electronic Record and Signature Disclosure: Accepted: 8/22/2022 6:39:14 AM ID: 5bb47e57-4b8d-48df-9f93-4ec29141b09a David Brown david.brown@cityofdenton.com PM Security Level: Email, Account Authentication (None) Sent: 2/8/2023 11:34:34 AM Electronic Record and Signature Disclosure: Accepted: 4/10/2019 2:54:36 PM ID: 20238ddf-ccd6-4d52-988f-8c9f3436055e Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 12/27/2022 8:30:50 AM Certified Delivered Security Checked 2/8/2023 11:34:06 AM Signing Complete Security Checked 2/8/2023 11:34:25 AM Completed Security Checked 2/8/2023 11:34:35 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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