Loading...
20-R-106 - Agreement with Ford Engineering for design, bid & constuction for the Aviation Heights Water FacilitiesRESOLUTION NO. 20 -R -106 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH FORD ENGINEERING, INC., FOR DESIGN, BID, AND CONSTRUCTION PHASE ENGINEERING SERVICES FOR THE AVIATION HEIGHTS WATER FACILITIES RELOCATION PROJECT, IN ADVANCE OF THE CONSTRUCTION PROJECT, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into an agreement for design, bid and construction phase engineering services for the Aviation Heights water facilities relocation project in advance of the construction project; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Ford Engineering, Inc., for the design, bid and construction phase engineering services as described in the Project Agreement attached hereto. (the "Agreement'). WHEREAS, the City Council authorizes expenditures with Ford Engineering, Inc., for the Aviation Heights Water Relocation project not to exceed amount of $125,000 for the 2020- 2021 Fiscal Year. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with Ford Engineering, Inc., in substantially the form set forth on Attachment 1. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof. which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution 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 Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 22nd day of September, 2020. CITY OF SCHERTZ, TEXAS Ralo"'U'tiqoz, Mayor ATTEST: w Brenda Dennis, City Secretary ATTACHMENT 1 PROJECT AGREEMENT A -1 This is Task Order No. , consisting of pages. Task Order In accordance with Paragraph 1.01 of the Agreement Between Owner and Engineer for Professional Services— Task Order Edition, dated X10 -9 -2019 ( "Agreement "), Owner and Engineer agree as follows: 1. Background Data a. Effective Date of Task Order: b. Owner: City of Schertz C. Engineer: Ford Engineering d. Specific Project (title): Aviation Heights Waterline Phases 5, 6, and 7 e. Specific Project (description): Design for replacement and upsizing of existing water mains serving the Aviation Heights area of downtown Schertz 2. Services of Engineer A. The specific services to be provided or furnished by Engineer under this Task Order are: as follows: Scope of services as set out in the attached letter of proposal. B. Resident Project Representative (RPR) Services Does not apply. C. Designing to a Construction Cost Limit Does not apply D. Other Services Engineer shall also provide the following services: None E. All of the services included above comprise Basic Services for purposes of Engineer's compensation under this Task Order. Task Order Form EJCDC® E -505, Agreement Between Owner and Engineer for Professional Services Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 3. Additional Services A. Additional Services that may be authorized or necessary under this Task Order are: those services (and related terms and conditions) set forth in Paragraph A2.01 of Exhibit A, as attached to the Agreement referred to above, such paragraph being hereby incorporated by reference. 4. Owner's Responsibilities Owner shall have those responsibilities set forth in Article of the Agreement and in Exhibit B, subject to the following: The City is to provide a geotechnical report with recommendations for street reconstruction. 5. Task Order Schedule In addition to any schedule provisions provided in Exhibit A or elsewhere, the parties shall meet the following schedule: Party I Action I Schedule Engineer Furnish 1 digital review copy of the Preliminary Design Phase documents, opinion of probable Construction Cost, and other Preliminary Design Phase deliverables to Owner. Owner Submit comments regarding Preliminary Design Phase documents, opinion of probable Construction Cost, and other Preliminary Design Phase deliverables to Engineer. Engineer Furnish "1 digital copy of the revised Preliminary Design Phase documents, opinion of probable Construction Cost, and other Preliminary Design Phase deliverables to Owner. Engineer Furnish 1 digital copy of the final Drawings and Specifications, assembled drafts of other Construction Contract Documents, the draft bidding - related documents (or requests for proposals or other construction procurement documents), and any other Final Design Phase deliverables, to Owner. Owner Submit comments and instructions regarding the final Drawings and Specifications, assembled drafts of other Construction Within 45 days of Owner s authorization to proceed with Preliminary Design Phase services. Within 7 days of the receipt of Preliminary Design Phase documents, opinion of probable Construction Cost, and other Preliminary Design Phase deliverables from Engineer. Within 10 days of the receipt of Owner s comments regarding the Preliminary Design Phase documents, opinion of probable Construction Cost, and other Preliminary Design Phase deliverables. Within 30 days of Owner s authorization to proceed with Final Design Phase services. Within 17 days of the receipt of the final Drawings and Specifications, assembled drafts of other Construction Contract Contract Documents, the draft bidding - related Documents, the draft bidding - related Task Order Form EJCDC® E -505, Agreement Between Owner and Engineer for Professional Services Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 documents (or requests for proposals or other documents (or requests for proposals or construction procurement documents), and other construction procurement any other Final Design Phase deliverables, to documents), and any other Final Design Engineer. Phase deliverables from Engineer. Engineer Furnish l: digital copy of the revised final Drawings and Specifications, assembled Construction Contract Documents, bidding - related documents (or requests for proposals or other construction procurement documents), and any other Final Design Phase deliverables, to Owner. 6. Payments to Engineer Within 10 days of the receipt of Owner s comments and instructions regarding the final Drawings and Specifications, assembled drafts of other Construction Contract Documents, the draft bidding - related documents (or requests for proposals or other construction procurement documents), and any other Final Design Phase deliverables A. Owner shall pay Engineer for services rendered under this Task Order as follows: Description of Service Amount Basis of Compensation 1. Basic Services (Part 1 of Exhibit A) a. Final Design — Phase 5 (A1.02, A1.03) $1,190.00 Lump Sum Preliminary and Final Design— Phase 6 (A1.02, A1.03) $37,370.00 Lump Sum Preliminary and Final Design — Phase 7 (A1.02, A1.03) $34,375.00 Lump Sum b. Bidding or Negotiating - Phase 5 (A1.04) $6,085.00 Lump Sum Bidding or Negotiating— Phase 6 (A1.04) $4,295.00 Lump Sum Bidding or Negotiating— Phase 7 (A1.04) $4,295.00 c. Construction Phase 5 (A1.05)* $9,825.00 Lump Sum Lump Sum Construction Phase 6 (A1.05)* $7,850.00 Construction Phase 7 (A1.05)* $7,850.00 Lump Sum TOTAL COMPENSATION (lines 1.a -c) $113,135.00 2. Additional Services (Part 2 of Exhibit A) (N /A) !Hourly rates *Based on a 6 -month continuous construction period. Compensation items and totals based in whole or in part on Hourly Rates or Direct Labor are estimates only. Lump sum amounts and estimated totals included in the breakdown by phases incorporate Engineer's labor, overhead, profit, reimbursable expenses (if any), and Consultants' charges, if any. For lump sum items, Engineer may alter the distribution of compensation between individual phases (line items) to be consistent with services actually rendered, but shall not exceed the total lump sum compensation amount unless approved in writing by the Owner. B. The terms of payment are set forth in Article 4 of the Agreement and in the applicable governing provisions of Exhibit C. 7. Consultants retained as of the Effective Date of the Task Order: Task Order Form EJCDC® E -505, Agreement Between Owner and Engineer for Professional Services Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 8. Other Modifications to Agreement and Exhibits: 9. Attachments: a. Letter of Proposal date 8 -27 -2020 10. Other Documents Incorporated by Reference: 11. Terms and Conditions Execution of this Task Order by Owner and Engineer shall make it subject to the terms and conditions of the Agreement (as modified above), which Agreement is incorporated by this reference. Engineer is authorized to begin performance upon its receipt of a copy of this Task Order signed by Owner. The Effective Date of this Task Order is[ I OWNER: ENGINEER: By: By: Print Name: Print Name: Title: Title: Task Order Form EJCDC® E -505, Agreement Between Owner and Engineer for Professional Services Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 Engineer License or Firm's Certificate No. (if required): State of: DESIGNATED REPRESENTATIVE FOR TASK ORDER: DESIGNATED REPRESENTATIVE FOR TASK ORDER: Name: Name: Title: Title: Address: Address: E -Mail E -Mail Address: Address: Phone: Phone: Task Order Form EJCDC® E -505, Agreement Between Owner and Engineer for Professional Services Task Order Edition. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4