Design of HCC Building-5906-Amendment
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Granicus #
Ordinance #
DocuSign Envelope ID: 4FCA68AF-4A96-4135-B724-6250F9CDA68C
8/2/2016
Amendment to Design of HCC Building
PSA
Rebecca Hunter
5906
1
THE STATE OF TEXAS §
§
COUNTY OF DENTON §
FIRST AMENDMENT TO CONTRACT
BY AND BETWEEN THE CITY OF DENTON, TEXAS
AND NELSON+MORGAN ARCHITECTS, INC.
[FILE NO. 5906]
THIS FIRST AMENDMENT TO CONTRACT (hereafter the “First
Amendment”) to that certain Contract by and between the City of Denton, Texas and
NELSON+MORGAN ARCHITECTS, INC. (hereafter the “Agreement”) in the original
not-to-exceed amount of $239,935.00, which was heretofore executed on NOVEMBER
6, 2015, and was approved within the delegated authority of the City of Denton
Purchasing Agent; and said Agreement was heretofore entered into by and between the
City of Denton, Texas, a Texas Municipal Corporation with its offices at 215 East
McKinney Street, Denton, Texas 76201 (hereafter the “CITY”); and the firm of
NELSON+MORGAN ARCHITECTS, INC. (hereafter “DESIGN PROFESSIONAL”)
with its offices at 2717 WIND RIVER LANE, SUITE 230, DENTON, TX 76210; and
The original Agreement provided for DESIGN PROFESSIONAL’s services
related to architectural design and construction drawings of the City of Denton’s
Regional Home Chemical Collection (HCC) facility as is contained in Attachment “B” of
the original Agreement. The further services to be performed by DESIGN
PROFESSIONAL are contained in Attachment “D” of this First Amended Agreement.
DESIGN PROFESSIONAL has substantially completed the initial work called for
in the original Agreement; and the City deems it necessary to further expand the services
provided by DESIGN PROFESSIONAL to the CITY, and to provide an additional not-
to-exceed amount $163,625.63, for an aggregate of $403,560.63, for the additional
required services.
NOW THEREFORE, the CITY and DESIGN PROFESSIONAL (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 First Amendment, which amends the following terms and conditions of the
said Agreement, to wit:
1.
The provisions of Section I. “Scope of Services” of the First Amendment are
hereby amended to add the additional language as follows, to wit:
“(d) Contractor’s First Amended Proposal. (Attachment “D”)
2.
The provisions of Section V. “Payment” in the Agreement shall instead read, in
line 3 of the first paragraph thereof, “shall not exceed the sum of $403,560.63.” The
DocuSign Envelope ID: 4FCA68AF-4A96-4135-B724-6250F9CDA68C
2
number $239,935 contained on the original Agreement at the same location is hereby
removed.
3.
The Parties hereto agree, that except as specifically provided for by this First
Amendment, that all of the terms, covenants, conditions, agreements, rights,
responsibilities, and obligations of the Parties, set forth in both the Agreement and now
the First Amendment shall be, and will remain in full force and effect.
IN WITNESS WHEREOF, the City of Denton, Texas and the
NELSON+MORGAN ARCHITECTS, INC., have each executed this First 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: __________________________________
Howard Martin, Interim City Manager
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: __________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By: ___________________________________
“DESIGN PROFESSIONAL”
NELSON+MORGAN ARCHITECTS, INC.
A Texas Limited Liability Corporation
By: _________________________________
AUTHORIZED SIGNATURE, TITLE
DocuSign Envelope ID: 4FCA68AF-4A96-4135-B724-6250F9CDA68C
August 2, 2016
HCC Additional Services Amendment
July 18, 2016
Page 1 of 2
July 18, 2016
Mr. Herman Lawson
Large Project Manager
City of Denton Facilities
Denton, Texas 76208
RE: Household Chemical Collections Facility
Additional Professional Services Adjustment
Herman, per our previous conversation regarding an amendment to our PSA Contract #5906 due to
scope and budget increases, below is my explanation and calculations for the adjusted fees.
The basis of our professional services is outlined in Section 2, Compensation. Basic Services states that
professional fees will be based on a total fee of Seven and One Half percent (7.5%) of the final
Construction Cost of the Project. The fee is then divided into phases identified in 2.1.1 thru 2.1.5. The
current total for this PSA is $139,791.00 which was calculated on an understood construction budget of
$1,863,900.00.
After completion of the Schematic Design phase an Opinion of Probable Cost for the project was
prepared by Construction Cost Management (CCM) at $4,045,555.00. Based on this substantial
construction budget increase, we are requesting that our professional services fee agreement be
amended to reflect this estimate of probable construction as indicated below;
Original PSA Basic Services fee calculation
$1,863,900.00 7.5%139,792.50$
Original PSA total 139,791.00
Schematic Design 25%34,947.75$
Design Development 30%41,937.30$
Construction Documents 25%34,947.75$
Bidding 5% 6,989.55$
Construction Administration 15%20,968.65$
100%139,791.00$
Fee for Adjusted Construction Cost Total:
$4,045,555.00 7.5%303,416.63$
Original PSA total 139,791.00
Additional Scope Professional services 163,625.63$
Schematic Design 25%40,906.41$
Design Development 30%49,087.69$
Construction Documents 25%40,906.41$
Bidding 5%8,181.28$
Construction Administration 15%24,543.84$
100%163,625.63$
To summarize, our original total professional services fee was $139,791.00. The increase in construction
cost adjusts the total of the professional fees to $303,416.63, or a net increase of $163,625.63.
EXHIBIT DDocuSign Envelope ID: 4FCA68AF-4A96-4135-B724-6250F9CDA68C
HCC Additional Services Amendment
July 18, 2016
Page 2 of 2
Please let me know if you have any questions or need and additional information.
Respectfully,
ALAN F. NELSON, Architect
Nelson + Morgan, Architects
EXHIBIT DDocuSign Envelope ID: 4FCA68AF-4A96-4135-B724-6250F9CDA68C
Certificate Of Completion
Envelope Id: 4FCA68AF4A964135B7246250F9CDA68C Status: Completed
Subject: City Council Docusign Item - (5906) Amendment to Design of HCC Building for City of Denton
Source Envelope:
Document Pages: 5 Signatures: 4 Envelope Originator:
Certificate Pages: 6 Initials: 0 Rebecca Hunter
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rebecca.hunter@cityofdenton.com
IP Address: 129.120.6.150
Record Tracking
Status: Original
7/21/2016 11:50:25 AM
Holder: Rebecca Hunter
rebecca.hunter@cityofdenton.com
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Rebecca Hunter
rebecca.hunter@cityofdenton.com
Senior Buyer
City of Denton
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Electronic Record and Signature Disclosure created on: 4/20/2015 2:25:38 PM
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