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21-R-07 - Amendment to Professional Services Agreement with Ford EngneeringRESOLUTION NO. 21 -R -07 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH FORD ENGINEERING, INC., TOTALING NO MORE THAN $153,430, FOR PROFESSIONAL ENGINEERING-RELATED SERVICES ON THE ELBEL STORM DRAIN AND OVERLAY PROJECT, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, a traffic signal warrant analysis was conducted for the intersection of Westchester and Elbel; and WHEREAS, this traffic sign warrant analysis found that the intersection of Westchester and Elbel meets the pedestrian traffic signal warrant; and WHEREAS, the City of Schertz ( the "City ") is currently developing a drainage and overlay project for Elbel that includes the Westchester intersection in the project area and it would be beneficial to include the traffic signal design and installation in the project, and WHEREAS, the City staff has determined that the City requires additional professional services relating to engineering and design services for the Elbel Storm Drain and Overlay Project that are not included in the original project agreement to add the traffic signal design; and WHEREAS, City staff has determined that Ford Engineering, Inc. is uniquely qualified to provide such services for the City; and WHEREAS, Ford Engineering, Inc. is an approved On -Call Engineering Firm for the City of Schertz; and WHEREAS, pursuant to Section 252.022(a)(4), the City is not required to seek bids or proposals with respect to a procurement for personal, professional, or planning purposes; and WHEREAS, the City Council has determined that it is in the best interest of the City to amend the contract with Ford Engineering, Inc. in the amount of $20,430; and WHEREAS the City Council hereby authorizes the City Manager to execute and deliver the Amendment to the Agreement with Ford Engineering, Inc. in substantially the form set forth on Exhibit A and to execute further amendments as necessary not to exceed a total expenditure amount of $153,430.00 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 Amendment to the Agreement with Ford Engineering, Inc. in substantially the form set forth on Exhibit A and to execute further amendments as necessary not to exceed a total expenditure amount of $153,430.00. 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 26" day January, 2021. ATTEST. t cretary CITY OF SCHERTZ, TEXAS - 99;t Ral Gt i rez, Mayor EXHIBIT A PROFESSIONAL SERVICES AGREEMENT 50077397.1 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 10 -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): Elbel Road —Storm Extension and Street overlay e. Specific Project (description): Amendment 1 — Traffic Signal Design — Westchester and Elbel Road 2. Services of Engineer A. The specific services to be provided or furnished by Engineer under this Task Order are the services (and related terms and conditions) set forth in the following sections of Exhibit A, as attached to the Agreement referred to above, such sections being hereby incorporated by reference, and stated in the scope of services as set out in the attached letter of proposal: • Final Design Phase (Exhibit A, Paragraph A1.03) 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: E. All of the services included above comprise Basic Services for purposes of Engineer's compensation under this Task Order. Task Order Form EICDC® 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 2 of the Agreement and in Exhibit B 5. Task Order Schedule In addition to any schedule provisions provided in Exhibit A or elsewhere, the parties shall meet the following schedule: Party Engineer Owner Action Furnish 1 digital review copy of the Preliminary Design Phase documents, opinion of probable Construction Cost, and other Preliminary Design Phase deliverables to Owner. Submit comments regarding Preliminary Design Phase documents, opinion of probable Construction Cost, and other Preliminary Design Phase deliverables to Engineer. Engineer Furnish 'I digital copy of the revised Preliminary Design Phase documents, opinion of probable Construction Cost, and other Preliminary Design Phase deliverables to Owner. Engineer Owner 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. Submit comments and instructions regarding the final Drawings and Specifications, assembled drafts of other Construction Contract Documents, the Schedule Within 4 work weeks 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 5 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 1 work weeks of Owner's authorization to proceed with Final Design Phase services. Within 7 days of the receipt of the final Drawings and Specifications, assembled drafts of other Construction Contract 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 draft bidding - related documents (or documents (or requests for proposals or requests for proposals or other other construction procurement documents), construction procurement documents), and any other Final Design Phase deliverables and any other Final Design Phase from Engineer. deliverables, to Engineer. 6. Payments to Engineer A. Owner shall pay Engineer for services rendered under this Task Order as follows: Description of Service 1. Basic Services (Part 1 of Exhibit A) a. Preliminary and Final Design Phase (A1.02, A1.03) Amount Basis of ' Compensation Lump Sum $930 e. Other Services (see A1.08, and 2.D above) $19,500 Lump Sum I TOTAL COMPENSATION (lines 1.a -h) 2. Additional Services (Part 2 of Exhibit A) $20,430 (N /A) (Hourly rates 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: 8. Other Modifications to Agreement and Exhibits: 9. Attachments: a. Letter of Proposal date 1 -11 -2021 10. Other Documents Incorporated by Reference: 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 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 f j. OWNER: ENGINEER: By: By: Print Name: Title: DESIGNATED REPRESENTATIVE FOR TASK ORDER Name: Title: Address: E -Mail Address: Phone: Print Name: Title: Engineer License or Firm's Certificate No. (if required): State of: DESIGNATED REPRESENTATIVE FOR TASK ORDER: Name: Title: Address: E -Mail Address: 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 ORD ENGINEERING, INC January 11, 2021 City of Schertz Engineering 10 Commercial Place, Bid 2 Schertz, TX 78154 Attn: Mr. John Nowak, PE Re: City of Schertz — On -Call Civil Engineering Services Agreement Proposal — Elbel Road — Storm Extension and Street Overlay Amendment 1 — Traffic Signals Design at Westchester and Elbel Rd Ford Engineering, Inc. is pleased to provide this proposal for amendment to professional engineering services to the City of Schertz for the design of the storm water system extension on Elbel Road and associated street mill and overlay between Schertz Parkway and FM 3009. Our understanding of the scope of work is generally as follows: The City desires to add traffic signals to the intersection of Westchester and Elbel Road. Proiect Scone Develop traffic signal design plans using the Texas Manual of Uniform Traffic Control Devices (Texas MUTCD) and the Texas Department of Transportation (TxDOT) design standards and specifications. The traffic signal design plan set will include all required plan sheets including general notes, existing and proposed pavement markings, existing utility layout, proposed traffic signal layout, electrical and conduit schedules, traffic signal elevations, and all required TxDOT design standards. Design Phases It is anticipated that compete design of the project from the notice to proceed to the preparation of bid documents will require the addition of approximately 8 work weeks. Final Design Phase — 8 work weeks Engineering Fee Compensation for these services will be in the amount of $$20,430.00, which will cover all costs associated with the scope described above, as further detailed in the attached Project Work Plan and Fee Proposal Breakdowns. Additional services and significant changes will be compensated for as provided by Schedule of Fees in the agreement for Engineering Services between the City of Schertz and Ford Engineering, Inc. dated October 9, 2019. Fees payable to permitting agencies will be the responsibility of the City. 10927 WYE DRIVE SUITE 104 SCHERTZ, TX 78217 P. (210) 590 -4777 F. (210) 590 -4940 1- 800 - 332 -3109 www.fordengineering.com TBPE No. F -1162 TBPLS No. 10018400 ORD ENGINEERING, INC Should there be any questions or if further information is needed, please do not hesitate to call us at 210 - 590 -4777. Sincerely, FORD ENGINEERING INC. Mark B Hill, P.E. Encl: Project Work Plan and Fee Proposal Breakdown— Ford Engineering, Inc. 10927 WYE DRIVE SUITE 104 SCHERTZ, TX 78217 P. (210) 590 -4777 F. (210) 590 -4940 1- 800 - 332 -3109 www.fordengineering.com TBPE No. F -1162 TBPLS No. 10018400 d t V O t� c o U co E v N 69 7 CO N m H � o J � a U o C U o 'L Lri v � � Q 0 � o W L N c o CL C y r W U O c d m E m m L d O d L V A C O U) C w W C E N d y �0 CD T S 2 W N m O W U. T C c ❑ M U N O N o.�om aaaIL Y W N LL F W a x a Q O �— 2 I- O � O O M O r O O 2 2 Oo 2 ON N x � O 2 Q.' D O 2 Z O a U W O 0 Z W 13 O V Y Q E 19 C N a U' — c � C E L ECM O tm U C U O M •0 O O � 0 0 0 `o a c 3 Y R m` N a 0 a U- c f0 c � Y N o� re 2 U d i 5828 Sebastian Place, Suite 108 San Antonio, Texas 78249 Office (210) 535 -3558 Fax (210) 509 -9680 TBPE Firm No. F -11727 January 11, 2021 Mr. Mark B. Hill, PE Ford Engineering Inc. 10927 Wye Dr., Suite 104 San Antonio, Texas 78217 RE: Proposal for Traffic Engineering Service - Traffic Signal Design Elbel Road and Westchester Drive Intersection Schertz, Texas Mr. Hill, AC Group is pleased to present this proposal for performing Traffic Signal Design Services for the intersection of Elbel Road and Westchester Drive in Schertz, Texas. It is our understanding that City of Schertz is requesting a traffic signal design. AC Group, LLC offers our services to prepare the Traffic Signal Design Plans for a fee of $19,500 which would not include topographic surveying or construction services. AC Group will develop traffic signal design plans using the Texas Manual of Uniform Traffic Control Devices (Texas MUTCD) and the Texas Department of Transportation (TxDOT) design standards and specifications. The traffic signal design plan set will include all required plan sheets including general notes, existing and proposed pavement markings, existing utility layout, proposed traffic signal layout, electrical and conduit schedules, traffic signal elevations, and all required TxDOT design standards. A topographic survey of the intersection may be required and beneficial to identify intersection physical constraints and utility conflicts. AC Group can begin work upon acceptance of this agreement and notice to proceed. AC Group will also be prepared to attend any necessary project meetings with City of Schertz and Ford Engineers. Thank you for the opportunity to provide these engineering services and we look forward to working with you and your staff in completing this project in a timely and efficient manner. If you have any questions about this proposal, please feel free to call me at 210 -535 -3558 or e-mail at r- arredondo @acgroupllc.com. Respectfully, Rene Arredondo, P.E., PTOE Principal / Traffic Engineer Authorization to Proceed: Signature Date Name, Title San Antonio Office