21-T-46 Budget Adjustment M&S Engineering for Civic Center HVACORDINANCE NO. 21-T-46
A ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING AN ADJUSTMENT TO THE FISCAL YEAR
2021 -2022 BUDGET TO PROVIDE FUNDING FOR AN AGREEMENT
WITH M &S ENGINEERING FOR DESIGN, BID, AND CONSTRUCTION
PHASE PROFESSIONAL SERVICES FOR THE CIVIC CENTER HVAC
REPLACEMENT PROJECT AND AUTHORIZING THE EXECUTION
OF THE AGREEMENT, REPEALING ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance 21 -T -38, the City Council of Schertz, Texas, (the
"City ") adopted the budget for the City for the fiscal year 2021 -2022 (the "Budget "), which
provides funding for the City's operations throughout the 2021 -2022 fiscal year•, and
WHEREAS, the City needs to authorize a budget amount of $93,500 for the purpose of
contracting professional services related to the Civic Center HVAC Replacement Project; and
WHEREAS, City Staff recommends that the City Council of the City adjust the Budget
and approve the ordinance; and
WHEREAS, the City Council of the City has determined that it is in the best interest of
the City to adjust the Budget and approve the budget transfer for the Civic Center HVAC
Replacement Project, as more fully set forth in this Ordinance; and
WHEREAS, the City has identified a need to replace the existing HVAC system at the
Civic Center; and
WHEREAS, the replacement of the HVAC system requires an engineered design; and
WHEREAS, the City has Hotel Occupancy Tax Funds available to be used on Capital
Projects at the Civic Center; and
WHEREAS, pursuant to Section 252.022(a)(4) of the Texas Local Government Code, the
City is not required to seek bids or proposals with respect to a procurement for personal,
professional, or planning purposes; and
WHEREAS, M &S Engineering is an approved On -Call Engineering Service for the City
of Schertz ; and
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City shall transfer a budget of $93,500 from the Hotel Occupancy Tax
Fund to the Civic Center HVAC Replacement Project.
Section 2. The City Council hereby authorizes a task order agreement with M &S
Engineering, in a total project amount not to exceed $93,500 for design, bid, and
construction phase engineering services for the Civic Center HVAC Replacement Project.
Section 3. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as
a part of the judgment and findings of the City Council.
Section 4. All ordinances, or parts thereof, which are in conflict or inconsistent with any
provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions
of this Ordinance shall be and remain controlling as to the matters resolved herein.
Section 5. This Ordinance shall be construed and enforced in accordance with the laws of
the State of Texas and the United States of America.
Section 6. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City hereby
declares that this Ordinance would have been enacted without such invalid provision.
Section 7. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Ordinance, was
given, all as required by Chapter 551, as amended, Texas Government Code.
Section 8. Pursuant to Section 4.09(e) of the City Charter, by vote of not less than two -
thirds of the members of the City Council present at the meeting at which this Ordinance was first
considered, the City Council has determined that an emergency exists which requires immediate
action, and this Ordinance is hereby adopted on a single reading, and this Ordinance shall be
effective upon the date hereof and any publication required by law.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT
THIS ORDINANCE WAS PASSED and APPROVED on first reading this the 12`x' day of
October 2021.
PASSED, APPROVED and ADOPTED on second reading this the 26t' day of October 2021.
APPROVED:
Ra h utiOr ez, Mayor
COMA1 6
M &S ENGINEERING
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September 21, 2021
The City of Schertz
Attn: Scott McClelland, PE
10 Commercial Place, Building 2
Schertz, TX 78154
Office: 210 -619 -1809
smccielland@schertz.com
Reference: City of Schertz Civic Center— HVAC Replacement
Mr. McClelland,
t. 0 (830) 629 -2988' F (830) 885 -2170
V 376 LANDA ST., NEW BRAUNFELS, TX 78130
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® TXENG FIRM #F -1394 TBPELS FIRM #10169800
Thank you for your interest in the capabilities of M &S Engineering (M &S) and allowing us the opportunity
to work with you on this project. This proposal is based on our discussions with you and the following:
Project Description
1. The City of Schertz Civic Center is an existing 19,500 SF facility located at 1400 Schertz Pkwy, Schertz,
TX 78154.
2. The building is currently served by split system air conditioning units that are having issues
maintaining temperature and /or humidity in the spaces.
3. M &S previously provided an assessment and recommendations outlined in our report dated
September 07, 2021 (M &S Project # 2521SCHER.001). Per our recommendations, the scope of the
project will include replacement of the existing DX split systems with new packaged units and variable-
air - volume (VAV) boxes.
Scope of Work
M &S Engineering will provide professional services to assist you with the engineering for the project as
described above. Our proposal includes providing the following services in support of the engineering
required for this project:
Construction Documents
1. Develop as -built CAD plans of the existing building suitable to satisfy the scope of this project.
2. Mechanical Design
a. Provide basic demolition drawings indicating the intent for removal of the existing HVAC
System.
b. Show equipment and specify modifications to the existing systems.
c. Specify HVAC equipment given heating and cooling loads, anticipated building
occupancy /activity, and maintenance.
d. Provide a mechanical floor plan showing locations of HVAC equipment and ductwork
modifications.
e. Structural design for new equipment pads.
f. Select and specify HVAC controls to meet Owner and occupancy requirements.
g. Coordinate with Structural Engineer on mechanical system placement.
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h. Complete code compliance documentation (COM Check) for mechanical systems.
3. Electrical Design
a. Analyze and compare the new air conditioning system with the existing electrical
infrastructure. Provide modifications to the systems as required to accommodate the
installation of the new air conditioning system.
b. Provide one -line diagram and applicable panel schedules.
i. Conduit (number and size), number of spares, and wireway size.
N. Size secondary feeder cables.
c. Provide electrical floor plans of power equipment connections.
4. Provide specifications sheet specifications:
a. Mechanical (Division 23)
b. Electrical (Division 26)
Subsurface Utility EnOneerine (SUE):
The following services shall be included to locate existing underground utilities and potential conflicts.
1. SUE within the limits of construction on the exterior of the building.
2. All work described herein is based strictly upon "Standard Guideline for the Collection and Depiction
of Existing Subsurface Utility Data (CI /ASCE 38 -02) ".
3. Sherwood Surveying & SUE shall apply SUE Quality Levels B, C, and D of the area that will have a new
equipment platform installed as described in the structural section above to deliver an accurate
depiction of as many of the existing underground utilities near the new equipment platform as can be
designated within one day's field investigation.
a. Utility quality level B: Information obtained through the application of appropriate surface
geophysical methods to determine the existence and approximate horizontal position of
subsurface utilities. This information is surveyed to applicable tolerances defined by the
project and reduced onto plan documents.
b. Utility quality level C: Information obtained by surveying and plotting visible above - ground
utility features and by using professional judgment in correlating this information to quality
level D information.
c. Utility quality level D: Information derived from existing records or oral recollections.
4. There are limitations for utilities such as water & sewer which consist of non - metallic pipe, and
therefore might not be obtainable. For the sewer lines, we can use a steel fish tape to pick up where
the line is going, but this will be limited to how far down the line we can get the tape. Thus, we cannot
provide any guarantee for locating these utilities.
Project Management IM &Sl
1. Communicate with the City staff, contractors, and third -party providers as necessary to ensure project
goals and scope are understood.
2. Monitor the design process and overall project.
3. Attend meetings with City.
a. Attendance at two (2) City council meetings.
b. Four (4) in- person meetings are included and are intended to coincide with interim design
reviews. However, these may be utilized for review, coordination, budgeting, or any
other design purpose.
c. Any additional meetings shall be billed as additional services.
d. Teleconferences shall not be limited.
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Provide one PDF set of preliminary construction drawings and specifications at 50% progress drawings
and 90% construction drawings. A PDF set of the final sealed construction drawings and specifications will
be submitted upon completion. Provide Revit or AutoCAD files once the design is complete.
Bidding and Construction Phase Support
1. Assist with jurisdictional reviews and other mitigation issues.
2. Attendance of the pre -bid, pre - construction meeting, and six (6) site observations /construction
progress meetings throughout duration of the project.
3. Attendance at City council meeting for bid tabulation /recommendation of award.
4. Bidding
a. Assist City with developing request for qualifications (RFCt) to be issued.
b. Assist City in preparing advertisement for bidders.
c. Participate in procurement, bidding, and RFI process.
d. Assist City with evaluation respondents and provide recommendation to City.
5. Construction Support & Administration (in- office)
a. Engineer shall perform during the construction period in- office reviews of all material and
equipment submittals; respond electronically to RFI's (Request for Information); and prepare
and assist with EST's (Engineering Supplemental Instructions) when necessary.
b. Review construction related activities, including pay applications.
6. Construction Support & Administration (on -site)
a. Engineer shall perform during the construction period site visits (as previously stated) at the
written request of the City whereby Engineer will assess construction progress and
performance as compared to the requirements in the construction documents.
b. Observations shall be documented in a written Field Report and submitted to the City.
c. Visit the construction site at intervals appropriate to the stage of construction to: become
generally familiar with and keep the City generally informed about the progress and quality
of the portion of the construction completed; make a reasonable effort to identify defects
and deficiencies in the construction; determine generally whether the construction is being
performed in a manner indicating that the project, when fully completed, will be in
accordance with the Plans and Specifications.
d. Notify the client in writing of any substantial deviation from the plans and specifications that
may prevent the building from being occupied or utilized for its intended use.
e. Pre - Construction meeting, substantial completion punch list, final inspections, code - required
inspections, meetings, or any visit to the project site by Engineer shall be considered a
construction site visit.
Assumptions
Our proposal is based on the following:
1. As -Built drawings (if available) will be provided by the City.
2. All M &S deliverable drawings and specifications will be provided in PDF format.
3. Free access to the site will be provided to M &S Staff.
4. Owner to handle IT requirements beyond dry utility infrastructure.
5. Geotechnical engineering report has been provided by the City.
6. Value engineering after delivery of final plans is not included.
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Pricing
M &S Engineering will provide the scope of work as described for the Not -to- Exceed amount of $85,000 -
without prior written authorization from the City. Project to be invoiced hourly per attached M &S billing
rates.
Terms of payment are net 30 days from date of invoice for services completed within a 30 -day period.
Exclusions
1. M &S Engineering's proposal is exclusive of any federal, county, and city permits required for the
project. All submittals of plans for building permits and payment of permits shall be done by others.
2. Engineering activities will be performed from our facilities in New Braunfels, TX. Local presence
through the duration of this project will not be required.
3. Construction support and administration does not include Special Inspections, if required.
4. Though the following services could be provided at an additional cost, it is our understanding that the
following engineering services would not be provided as part of this base proposal:
a. Design services due to a change in scope of Basic Services.
b. Design services due to Change Orders requested by the Client during construction.
c. Economic analyses, including life cycle cost.
d. Design of fire alarm or fire sprinkler systems.
e. Engineering studies of alternative systems and equipment locations.
f. Value engineering design services after approval of the 50% Preliminary Construction
Documents.
g. Engineering studies and designs to comply with LEED certifications.
5. Any service not specifically listed in the above scope of work is excluded from this proposal.
Our proposal is based upon work being performed per attached M &S Standard Terms and Conditions.
Terms of payment are net 30 days from date of invoice for services completed within a 30 -day period. We
truly appreciate the opportunity to support you in this project. If there is anything that you would like to
discuss about this proposal, please do not hesitate to contact us. Should you find this proposal and terms
acceptable, please indicate so by signing and dating this document below.
Sincerely,
(Trey) Thuri D Sims III, PE Approved: Date:
MEP Division Manager
Print: Title:
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Terms of Sale
The following terms of sale shall apply except as otherwise stated in written quotations or by written acceptance of
an order or contract.
PRICE POLICY — Quotations are valid for 30 days from date of quotation unless otherwise notes. Prices quoted are
firm for all services performed within 90 days after the date of quotation. Services performed later that 90 days from
the date of quotation or later than the dates established in the quotation will be invoiced at prices in effect at time
of performance.
TERMS OF PAYMENT —Terms of payment are net 30 days from date of invoice for services completed within a 30 day
period. If payment is not received within 30 days, your project will be placed on hold and a charge of 1.5% per month
will be added to the account until such time the account is made current. Reimbursable costs including, but not
limited to, plotting, faxes, travel, or other reasonable expenses shall be billed at cost plus 15 %.
TERMINATION — Any order or contract may be terminated or delayed by the Purchaser only upon payment of
reasonable charges based upon expenses already incurred and commitments made by M &S Engineering. If Purchaser
defaults in the performance of any payment obligation under this contract and fails to correct such default within
seven (7) days following receipt of written notice thereof from M &S Engineering, LLC. M &S Engineering may, without
prejudice to any other rights or remedies it may have, upon twenty -four (24) hour notice to Purchaser, cease
performance of the contract and suspend its Work thereunder until such failure to pay is cured. In addition, in the
event of Purchaser's and /or Owner's (a) bankruptcy, reorganization, receivership, insolvency, or making an
assignment for the benefit of creditors, or (b) evidencing financial or organizational instability, M &S Engineering
may, upon twenty -four (24) hour notice to Purchaser, cease performance of the Subcontract and suspend its Work
thereunder until M &S Engineering, LLC receives reasonable assurance that its right to payment hereunder shall not
be adversely impacted thereby.
INDEMNIFICATION AND LIMITATION OF LIABILITIES — Purchaser shall indemnify and hold harmless M &S Engineering,
LLC, its owners, officers, employees, affiliated companies, parents, agents and representatives ( "M &S Engineering,
LLC Indemnitees ") against any and all liabilities, claims, judgments, losses, orders, awards, damages, costs, fines,
penalties, costs of defense, and reasonable attorney's fees ( "Liabilities ") to the extent they arise from or in
connection with the willful misconduct or negligence of the Purchaser, its officers, employees, agents and /or
representatives. Purchaser shall not be required hereunder to indemnify M &S Engineering, LLC Indemnitees to the
extent of their negligence, act or omission, nor that of their invitees, workmen, subcontractors and /or suppliers or
any of them. M &S Engineering, LLC shall not indemnify Purchaser, Owner, or any other party to the extent of such
party's negligence, act or omission, nor that of their respective parents, affiliates, subsidiaries, agents, their officers,
directors, shareholders, employees, agents, invitees, workmen, subcontractors and /or suppliers, (except for M &S
Engineering, LLC's and its subcontractors and suppliers) or any of them. Except as expressly provided for herein,
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE, LOSS OF BUSINESS
OR LOSS OF PROFIT; provided, however, there shall be no limitation on a party's liability to the other for any fines or
penalties imposed on the other party by any court of competent jurisdiction or federal, state or local administrative
agency resulting from the failure of the party to comply with any term or condition of this Contract or any valid and
applicable law, rule or regulation; provided further, and notwithstanding anything to the contrary contained in this
agreement, M &S Engineering, LLC's total liability with respect to any and all claims, losses or damages shall not
exceed the value of the services performed under the terms of this agreement.
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2019 Engineering Rate Schedule
The following rate schedule is in effect for the 2019 calendar year and will be reviewed annually for appropriate
changes as may be required.
Labor Classification
Base Rate
Technician 1
$ 60.00
Technician II
$ 65.00
Technician III
$ 70.00
Technician IV
$ 75.00
Project Technician 1
$ 80.00
Project Technician If
$ 85.00
Project Technician 111
$ 90.00
Project Technician IV
$ 95.00
Project Technician V
$100.00
Senior Technician 1
$105.00
Senior Technician II
$110.00
Senior Technician III
$115.00
Senior Technician IV
$120.00
Project Manager 1
$150.00
Project. Manager II
$160.00
Project Manager III
$170.00
Project Manager IV
$180.00
Project Engineer 1
$135.00
Project Engineer II
$145.00
Project Engineer III
$150.00
Project Engineer IV
$155.00
Project Engineer V
$160.00
Administrative 1
$ 65.00
$ 75.00
$ 80.00
Administrative II
Administrative III
Labor Classification
Base Rate
Technical Specialist 1
$125.00
Technical Specialist II
$135.00
Technical Specialist III
$145.00
Technical Specialist IV
$155.00
Graduate Engineer /SIT 1
$ 100.00
Graduate Engineer /SIT II
$110.00
Graduate Engineer /SIT III
$120.00
Graduate Engineer /SIT IV
$130.00
CAD Operator 1
$ 70.00
CAD Operator 11
$ 75.00
Senior CAD Operator 1
$ 80.00
Senior CAD Operator II
$ 85.00
Senior Engineer I /RPLS 1
$ 165.00
Senior Engineer II/RPLS 11
$170.00
Senior Engineer III /RPLS III
$175.00
Senior Engineer IV /RPLS IV
$180.00
Principal Engineer 1
$190.00
Principal Engineer II
$ 200.00
Principal Engineer III
$ 210.00
1 Man Survey Crew
$110.00
2 Man Survey Crew
$155.00
3 Man Survey Crew
$175.00
Software Level Il
$10.00
Software Level 112
$ 20.00
1 Includes AutoCAD, MicroStation, L -Pile, SAG10 and other common licensed software packages
2Includes PLS -CADD, Bentley Systems, a -tap and other premium licensed software packages
3 Rates are inclusive of all surveying equipment, including stakes, marking paints, and other
consumable items required. Special request items such as T- posts, 36" Laths, concrete monuments,
etc. will be billed on a cost plus 15% basis.
4Overtime Rates shall be 1.35 times the base rate.
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2019 Reimbursable & Miscellaneous Pricing
The following reimbursable schedule is in effect for the 2019 calendar year and will be reviewed annually for
appropriate changes as may be required.
Deliverable /Printing Pricing Schedule
DESCRIPTION
COST
Small job books (1 "to 11/2" binder)
$25.00
Medium job books (2" to 21/2 " binder)
$45.00
Large job books (3" and above binder)
$65.00
Plots - "C" size (18x 24) Black & White
$1.50
Plots - "C" size (18x 24) Color
$2.50
Plots - "D" size (22X34) Black & White
$2.50
Plots - "D" size (22X34) Color
$3.50
*Any additional reimbursable items shall be billed at cost plus 15 %.
• Shipping
o All shipping of drawings, job books, and other deliverables will be invoiced based on actual cost
plus 15 %.
Additional Equipment
For site specific requirements that do not allow for access via 44 trucks, M &S will provide use of
various all- terrain vehicles to facilitate field work. Reimbursement for usage of such equipment will be
billed at the following rates:
Equipment Rate
4 Wheeler $100 /day
Utility Vehicle (Mule) $150 /day
Travel Reimbursement Rates
• Hotel charges for overnight accommodations will be invoiced based upon actual cost plus 15 %.
• Meals for traveling personnel will be invoiced based upon actual cost plus 15 %.
• Air Travel
o Air travel will be invoiced based on actual cost plus 15 %.
" Approval
• Air travel costs in excess of $500 per individual will require prior approval by
client personnel requesting travel.
• Air travel less than $500 per individual will be considered pre- approved by
client personnel requesting travel.
• Rental Car
o Auto rentals (including fuel) will be invoiced based upon actual cost plus 15 %.
• Mileage
o Vehicle mileage will be invoiced based upon current IRS standard rates (plus $0.05 per mile for
4x4 vehicles)
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