22-R-21 - 4th amendment to the project agreement with Cobby, Fendley & AssociatesRESOLUTION NO. 22 -R -21
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS, AUTHORIZING AMENDMENT 4 TO THE
PROJECT AGREEMENT WITH COBB, FENDLEY & ASSOCIATES,
INC., RELATING TO CONSTRUCTION PHASE ENGINEERING
SERVICES FOR THE WOMAN HOLLERING CREEK WASTEWATER
LINE PROJECT, AND OTHER MATTERS IN CONNECTION
THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City ") has determined that the City
requires professional services relating to the construction phase engineering responsibilities for
the Woman Hollering Creek Wastewater Line Project that exceed the original project agreement
scope; and
WHEREAS, City staff has determined that Cobb, Fendley & Associates, Inc., is uniquely
qualified to provide such services for the City; 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, Cobb, Fendley & Associates, Inc., is reasonably entitled to charge their
current standard rates for service to the City of Schertz; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
amend the contract with Cobb, Fendley & Associates, Inc., pursuant to the On Call Engineering
Project Agreement attached hereto as Exhibit A (the "Agreement') and its proposed amended
scope and fee for construction phase services presented as Exhibit B ( "Amendment 4 ") for an
amount of $55,215.
WHEREAS, the City Council authorizes City Staff to expend up to an additional $10,000
on further amendments to the Project Agreement, if needed.
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 Cobb, Fendley & Associates, Inc., in substantially
the form set forth on Exhibit B and to execute further Amendments as necessary not to exceed an
additional expenditure amount of $65,215.
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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 22th day of February, 2022.
ATTEST:
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Brenda Dennis, City Secretary
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CITY OF SCHERTZ, TEXAS
Raloutie4a, Mayor
EXHIBIT A
ON CALL ENGINEERING PROJECT AGREEMENT
A -1
RESOLUTION 22 -R -21 EXHIBIT B
AMMENDMENT 4 TO WOMAN HOLLERING CREEK PROJECT AGREEMENT
MODIFIED SCOPE AND FEE OF CONSTRUCTION PHASE SERVICES
I. Construction Phase —This scope assumes a construction duration of twelve (12) months.
A. Attend a preconstruction kickoff /coordination meeting.
B. Prepare Conformed Documents. This task will incorporate all revisions that occurred
during the bid process and before construction (including the shift of the WWL along
FM 1518 to accommodate the Crossvine Drainage Ditch).
C. Attend and conduct a preconstruction conference. CobbFendley will prepare the
agenda, take notes, and prepare the meeting minutes.
D. Attend periodic progress meetings. Assume monthly progress meetings for a total of
twelve (12).
E. Attend periodic site visits. Assume monthly site visits not coincident with progress
meetings for a total of twelve (12).
F. Review project submittals /shop drawings. CobbFendley will review each submittal
twice. If the Contractor requires a third submittal, it will be reviewed as an additional
service and at the Contractor's expense, as will be written in the contract documents.
The number of submittals is assumed to be eighty (80).
G. Review pay estimates. CobbFendley will coordinate with the City's inspector on
accurate quantities and review the pay estimates for accuracy. CobbFendley will rely
on the inspector for verification of quantities submitted. The number of pay requests
assumed is twelve (12).
H. Respond to Requests for Information (RFIs). CobbFendley will coordinate with the
City and Contractor on RFIs and respond with clarifications as needed. The number
of RFIs is assumed to be twenty (20).
I. Change Orders. CobbFendley will assist the City in negotiation and preparation of
change order documents, should they be necessary. Four (4) change orders are
assumed.
J. Final Walk Through and Punch List. CobbFendley will attend the final walk through
and coordinate with the City's inspector on the punch list items.
K. Project Close Out. CobbFendley will assist the City on closing out the contract,
reviewing the final pay application and affidavits, and preparing the Concurrence
Letter.
L. Record Drawings. CobbFendley will prepare a set of record drawings based on the
Contractor's redlines in the field.
M. Project Management. This task includes managing the engineering project including
managing resources and updating status reports and invoices to the City for twelve (12)
months.
N. Electrical Engineering. Cleary Zimmerman Engineers is included in the project to
provide electrical engineering services for the Contract. This includes construction
phase services.
O. Construction Materials Testing is not included in this scope.
Basis of Compensation
Descripti
Subtotal Modified Construction Phase Services
Previously approved amount for Construction Phase Services
Total Additional Construction Phase Fee
Expenses
Total Modification to Construction Phase Services
Cost
$99,645
($46,430)
$53,215
$2,000
$55,215
IN WITNESS WHEREOF, the parties to this Agreement hereby execute this Amendment to the
Agreement effective as of , 2019 (the "Effective Date ").
CITY OF SCHERTZ
CITY MANAGER
CONSULTANT
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