7620 - Amendment 1 Executed
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
DocuSign Envelope ID: 41E3AB4A-0C11-4451-B738-E480DD3F6ABB
Not Applicable
Cori Power
Alternate Delivery Methods PSA - Amendment #1
7620PSA
JUNE 7, 2022
N/A
22-1106
7620 PSA – First Amendment Page 1 of 2
FIRST AMENDMENT TO CONTRACT
BY AND BETWEEN THE CITY OF DENTON, TEXAS
AND FREESE AND NICHOLS, INC.
PSA 7620
THE STATE OF TEXAS §
COUNTY OF DENTON §
THIS FIRST AMENDMENT TO CONTRACT 7620 (“Amendment”) by and
between the City of Denton, Texas (“City”) Freese and Nichols, Inc. (“Consultant”); to that
certain contract executed on January 18, 2021, in the original not-to-exceed amount of
$96,963.00 (the “Agreement”); for services related to Collaborative Project Delivery
(CPD) Methods Advisory Services.
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 additional
not-to-exceed amount $110,725 with this Amendment for an aggregate not-to-exceed
amount of $207,688; 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 Exhibit “A” of this Amendment, attached
hereto and incorporated herein for all purposes, for professional services related to
Collaborative Project Delivery (CPD) Methods Advisory Services, are hereby
authorized to be performed by Consultant. For and in consideration of the
additional services to be performed by Consultant, the City agrees to pay, based on
the cost estimate detail attached as Exhibit “A”, a total fee, including
reimbursement for non-labor expenses an amount not to exceed $110,725.
2. This Amendment modifies the Agreement amount to provide an additional
$110,725 for the additional services with a revised aggregate not to exceed total of
$207,688.
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.
DocuSign Envelope ID: 41E3AB4A-0C11-4451-B738-E480DD3F6ABB
7620 PSA – First Amendment Page 2 of 2
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”
FREESE AND NICHOLS, INC.
By:
_________________________________
AUTHORIZED SIGNATURE, TITLE
APPROVED AS TO LEGAL FORM:
MACK REINWAND, 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: 41E3AB4A-0C11-4451-B738-E480DD3F6ABB
Principal/VP
Rebecca Diviney
Director of Capital Projects/City Engineer
Capital Projects/Engineering
06/07/2022
CITY OF DENTON: COLLABORATIVE PROJECT DELIVERY (CPD) METHODS ADVISORY SERVICES
AMENDMENT NO. 1 - PHASE 3 CM@RISK DELIVERY COACHING SUPPORT
ATTACHMENT SC - SCOPE OF SERVICES PROPOSAL
April 4, 2022
PROJECT UNDERSTANDING:
The City of Denton is currently implementing the use of Collaborative Project Delivery (CPD)
methods, particularly Construction Manager at Risk (CM@Risk) and Design-Build (DB), to provide
improved certainty in its capital program. The intent of this project is to provide consulting and
advisory services aimed at building on the City’s success with CPD methods for vertical
construction to provide a smooth and successful transition into the use of CPD methods for
delivery of its public works and utilities related projects.
On January 18, 2021, the City and FNI executed PSA 7620 to provide consulting and support
through the evaluation of CPD methods for the City’s projects, as well as establishing best
practices and support through the CM@Risk procurement and contract negotiation phases of
initial pilot projects. The scope of services for PSA 7620 included a two-phased approach to
accomplish the following tasks: Phase (1) CIP Review and Staff CPD Approach Training, and Phase
(2) CM@Risk Procurement and Contracting Support.
The following scope of work supports the continuation of CPD Methods Advisory Services with
the third and final phase, Phase (3) CM@Risk Delivery Coaching Support.
Phase 3 services will focus on the following items during the pre-construction and construction
phases of CM@Risk pilot projects:
· Develop and reinforce City of Denton specific CPD delivery best practices through direct
coaching on initial CM@Risk projects.
· Develop City of Denton specific best practices tools and templates for reference and use
on future projects.
· Provide a 4-hour staff training on City of Denton delivery best practices for CM@Risk
delivery.
For this proposal, the Phase 3 services have been estimated as an allowance based on two projects
with an average size of $20M and duration of 36 months (12 months for design and 24 months
for construction). As noted under the Compensation section below, all effort will be billed on an
hourly rate basis and coordinated monthly with the City.
Exhibit A
DocuSign Envelope ID: 41E3AB4A-0C11-4451-B738-E480DD3F6ABB
BASIC SERVICES
PHASE 3. CM@Risk Delivery Coaching Support
Objective: The primary objective of Phase 3 is to work with the City to institutionalize best
practices in the delivery of CM@Risk projects. This will be done through coaching on the design
and construction execution of the four projects that served as the procurement and contracting
pilots. Best practices and lessons learned will be captured for each project and then project
delivery training developed.
Services: Services shall include the following:
3.1 Project Management & Coordination: FNI will provide administration and coordination
services associated with this effort for the duration of Phase 3 services. Compensation for
3.1 services is based on the estimated 36-month schedule for supported projects.
3.2 Project Delivery Coaching: FNI will support the City with coaching on CM@Risk oversight
for the two projects that served as the procurement and contracting pilots. For the design
phase of each project, coaching will be focused on City leadership of the project kickoff (or
CM@Risk kickoff if the project is underway), monthly project meeting expectations, and
review of required submittal materials and project team collaboration. This is anticipated
to be a consistent bi-weekly to monthly engagement to support City staff. During
construction, coaching will move to a monthly effort with as-needed availability for special
conditions or challenges.
3.3 Denton Specific Delivery Best Practices Documentation: FNI will review the two pilot
CM@Risk projects and provide City specific best practices for use in training on CM@Risk
project management.
3.4 Staff Training Workshop – CM@Risk Delivery Best Practices: FNI will use the best practices
documented in 3.3 to develop a Denton specific CM@Risk Delivery Training Workshop. This
interactive 4-hour workshop will provide training specific to Denton with lessons learned
from the pilot projects and focus on best practices in project delivery and closeout. The
workshop will also be recorded for later use and/or review by the City.
Deliverables: Deliverables shall include the following:
· Miscellaneous Project Delivery Support Items – Tools and templates
· Staff Training Workshop Materials
SCHEDULE
Phase 3 schedule is dependent on the projects selected for coaching. Based on preliminary
information provided by the City, a three-year engagement is anticipated (1 year on average for
design and two years on average for construction).
DocuSign Envelope ID: 41E3AB4A-0C11-4451-B738-E480DD3F6ABB
City of Denton CPD Advisory Services
April 4, 2022
COMPENSATION
Compensation to FNI for Basic Services shall be computed based on the basis of the schedule of
charges (Attachment CO) but shall not exceed one hundred ten thousand seven hundred twenty-
five dollars ($110,725) unless authorized in writing. Phase 3 services, in particular Task 3.2, will
be treated as an allowance and closely coordinated with the City on the effort required through
delivery of projects. The following table provides a breakdown of the estimated cost by task.
CM@Risk Delivery Coaching Support Total
3.1 Project Management & Coordination $26,448
3.2 Project Delivery Support (2 Projects) $60,655
3.3 Denton Specific Delivery and Closeout Best Practices
Documentation $11,614
3.4 Staff Training Workshop $12,008
Total: $110,725
DocuSign Envelope ID: 41E3AB4A-0C11-4451-B738-E480DD3F6ABB
ATTACHMENT CO
Hourly Rate
Professional 1 121
Professional 2 145
Professional 3 165
Professional 4 190
Professional 5 221
Professional 6 253
Construction Manager 1 96
Construction Manager 2 125
Construction Manager 3 146
Construction Manager 4 184
CAD Technician/Designer 1 103
CAD Technician/Designer 2 133
CAD Technician/Designer 3 164
Corporate Project Support 1 98
Corporate Project Support 2 117
Corporate Project Support 3 157
Intern / Coop 60
Senior Advisor 175
Rates for In-House Services and Equipment
Mileage Bulk Printing and Reproduction Equipment
Standard IRS Rates B&W Color Valve Crew Vehicle (hour) $75
Small Format (per copy) $0.10 $0.25 Pressure Data Logger (each) $200
Technology Charge Large Format (per sq. ft.) Water Quality Meter (per day) $100
$8.50 per hour Bond $0.25 $0.75 Microscope (each) $150
Glossy / Mylar $0.75 $1.25 Pressure Recorder (per day)$100
Vinyl / Adhesive $1.50 $2.00 $275
Coating Inspection Kit (per day) $275
Mounting (per sq. ft.) $2.00 Flushing / Cfactor (each) $500
Binding (per binding) $0.25 Backpack Electrofisher (each) $1,000
Survey Grade Standard
Drone (per day) $200 $100
GPS (per day) $150 $50
OTHER DIRECT EXPENSES:
These ranges and/or rates will be adjusted annually in February. Last updated February 2020.
3022020
Position
Other direct expenses are reimbursed at actual cost times a multiplier of 1.15. They include outside printing and
reproduction expense, communication expense, travel, transportation and subsistence away from the FNI office. For
other miscellaneous expenses directly related to the work,including costs of laboratory analysis, test, and other work
required to be done by independent persons other than staff members, these services will be billed at a cost times a
multipler of 1.15. For Resident Representative services performed by non-FNI employees and CAD services performed In-
house by non-FNI employees where FNI provides workspace and equipment to perform such services, these services will
be billed at cost times a multiplier of 2.0. This markup approximates the cost to FNI if an FNI employee was performing
the same or similar services.
Compensation to FNI for Basic Services in Attachment SC shall be computed on the basis of the following Schedule of
Charges, but shall not exceed One Hundred Ten Thousand Seven Hundred Twenty Five Dollars ($110,725).
If FNI sees the Scope of Services changing so that Additional Services are needed, including but not limited to those
services described as Additional Services in Attachment SC, FNI will notify OWNER for OWNER's approval before
proceeding. Additional Services shall be computed based on the following Schedule of Charges.
COMPENSATION
Ultrasonic Thickness Guage (per day)
DocuSign Envelope ID: 41E3AB4A-0C11-4451-B738-E480DD3F6ABB
Certificate Of Completion
Envelope Id: 41E3AB4A0C114451B738E480DD3F6ABB Status: Completed
Subject: Please DocuSign: City Council Contract 7620 Alternate Delivery Methods PSA Amendment #1
Source Envelope:
Document Pages: 7 Signatures: 5 Envelope Originator:
Certificate Pages: 6 Initials: 1 Cori Power
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901B Texas Street
Denton, TX 76209
cori.power@cityofdenton.com
IP Address: 198.49.140.10
Record Tracking
Status: Original
5/4/2022 2:25:54 PM
Holder: Cori Power
cori.power@cityofdenton.com
Location: DocuSign
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Cori Power
cori.power@cityofdenton.com
Senior Buyer
City of Denton
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Completed
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Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
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Marcella Lunn
marcella.lunn@cityofdenton.com
Deputy City Attorney
City of Denton
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Charles M. Wolf
Chuck.Wolf@freese.com
Principal/VP
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Rebecca Diviney
Rebecca.Diviney@cityofdenton.com
Director of Capital Projects/City Engineer
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Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
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City Manager
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Rosa Rios
rosa.rios@cityofdenton.com
City Secretary
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Procurement Administration Supervisor
City of Denton
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Gretna Jones
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Legal Secretary
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Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
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Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Charles M. Wolf, Rebecca Diviney, Rosa Rios, Seth Garcia
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