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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 AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 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 Location: DocuSign Signer Events Signature Timestamp Rebecca Hunter rebecca.hunter@cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication (Optional) Completed Using IP Address: 129.120.6.150 Sent: 7/21/2016 12:00:16 PM Viewed: 7/21/2016 12:00:30 PM Signed: 7/21/2016 12:01:05 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Alan F. Nelson, Architect anelson@nelsonmorgan.com Security Level: Email, Account Authentication (Optional) Using IP Address: 71.123.192.85 Sent: 7/21/2016 12:01:06 PM Viewed: 7/21/2016 12:16:49 PM Signed: 7/21/2016 2:48:05 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: John Knight john.knight@cityofdenton.com Deputy City Attorney City of Denton Security Level: Email, Account Authentication (Optional) Using IP Address: 129.120.6.150 Sent: 7/21/2016 2:48:09 PM Viewed: 7/25/2016 9:16:45 AM Signed: 7/25/2016 9:16:55 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Julia Winkley julia.winkley@cityofdenton.com Contracts Administration Supervisor City of Denton Security Level: Email, Account Authentication (Optional) Completed Using IP Address: 129.120.6.150 Sent: 7/25/2016 9:16:57 AM Viewed: 7/25/2016 10:09:24 AM Signed: 8/3/2016 6:48:07 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Signer Events Signature Timestamp Howard Martin howard.martin@cityofdenton.com Interim City Manager City of Denton Security Level: Email, Account Authentication (Optional) Using IP Address: 129.120.6.150 Sent: 8/3/2016 6:48:10 AM Viewed: 8/3/2016 2:39:28 PM Signed: 8/3/2016 2:39:56 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Jennifer Walters jennifer.walters@cityofdenton.com City Secretary City of Denton Security Level: Email, Account Authentication (Optional) Using IP Address: 129.120.6.150 Sent: 8/3/2016 2:39:58 PM Viewed: 8/4/2016 8:55:51 AM Signed: 8/4/2016 8:56:06 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: 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 Julia Winkley julia.winkley@cityofdenton.com Contracts Administration Supervisor City of Denton Security Level: Email, Account Authentication (Optional) Sent: 7/21/2016 2:48:08 PM Viewed: 7/21/2016 2:48:56 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Sherri Thurman sherri.thurman@cityofdenton.com Security Level: Email, Account Authentication (Optional) Sent: 7/21/2016 2:48:08 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Jane Richardson jane.richardson@cityofdenton.com Security Level: Email, Account Authentication (Optional) Sent: 8/3/2016 6:48:09 AM Viewed: 8/3/2016 6:50:42 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Robin Fox Robin.fox@cityofdenton.com Security Level: Email, Account Authentication (Optional) Sent: 8/3/2016 6:48:09 AM Viewed: 8/9/2016 11:13:56 AM Carbon Copy Events Status Timestamp Electronic Record and Signature Disclosure: Accepted: 10/9/2015 11:39:51 AM ID: 04463961-03db-4c4d-9228-d660d6146ed6 Jennifer Bridges jennifer.bridges@cityofdenton.com Procurement Assistant City of Denton Security Level: Email, Account Authentication (Optional) Sent: 8/4/2016 8:56:08 AM Viewed: 8/25/2016 1:38:35 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Jane Richardson jane.richardson@cityofdenton.com Security Level: Email, Account Authentication (Optional) Sent: 8/4/2016 8:56:10 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Herman Lawson herman.lawson@cityofdenton.com Security Level: Email, Account Authentication (Optional) Sent: 8/4/2016 8:56:11 AM Viewed: 8/8/2016 9:23:56 AM Electronic Record and Signature Disclosure: Accepted: 8/11/2015 1:16:56 PM ID: c1ff2170-cbcd-401e-ab74-8bd3b4e69c87 Scott Lebsack scott.lebsack@cityofdenton.com Security Level: Email, Account Authentication (Optional) Sent: 8/4/2016 8:56:12 AM Viewed: 8/4/2016 12:50:30 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Notary Events Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 8/4/2016 8:56:12 AM Certified Delivered Security Checked 8/4/2016 8:56:12 AM Signing Complete Security Checked 8/4/2016 8:56:12 AM Completed Security Checked 8/4/2016 8:56:12 AM 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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