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23-R-22 M&S Engineering -Renovation Bldg. 10RESOLUTION NO.23-R-22 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EXPENDITURES IN EXCESS OF $50,000. 00 WITH M&S ENGINEERING FOR ADDITIONAL DESIGN SERVICES FOR THE RENOVATION OF BUILDING 10 AND OTHER MATTERS IN CONNECTION THEREWITH. WHEREAS, city staff has determined a need to renovate Building 10 and has been working on the design with M&S Engineering via a task order issued under the current Master Services Agreement approved by Resolution 21-R-12; and WHEREAS, city staff has identified the need for additional design work for the project; and WHEREAS, the city has a policy to seek authorization for purchases in excess of $50,000.00 with a single vendor; and WHEREAS, the City of Schertz will fund the design services for Building 10 through the approved 2022-2023 annual Facilities Department budget. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section I. The City Council hereby authorizes the City Manager to enter into a Task Order Agreement with M&S Engineering in substantially the form outlined in AttachmentA 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resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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 7`'day of March, 2023. CITY OF SCHERTZ, TEXAS e4e:- Ra#6uti6ez, Mayor ATTES . ei a Edmondson, City Secretary RESOLUTION NO. 21-R-12 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AND APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH M&S ENGINEERING FOR VARIOUS ON -CALL ENGINEERING SERVICES AND ALL MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City") has determined that the City requires certain mechanical, electrical, plumbing, and structural engineering services on a regular basis throughout the year; and WHEREAS the City has detennined that there is a need for a professional services agreement with M&S Engineering, relating to various on -call engineering services for the City; and WHEREAS, City staff has determined that M&S Engineering is qualified to provide such services for the City through a previously issued RFQ for on -call engineering services; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with M&S Engineering, pursuant to the Professional Services Agreement for Various Engineering Services attached hereto as Exhibit A (the "Agreement"); and WHEREAS, the agreement for On -Call MEP Engineering Services will remain in force through September 30, 2022 with the option to renew the contract up to two (2) terms of one (1) year each. 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 Professional Services Agreement with M&S Engineering, in substantially the form set forth on Exhibit A. 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 2"d day of February, 2021. CITY OF SCHERTZ, TEXAS r RallZfz iutie •z, Mayor ATTEST: r Brenda Dennis, City Secretary a 50506887.1 EXHIBIT A AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES 505068871 A-1 Task Order SUGGESTED FORM OF TASK ORDER This is Task Order No. 004, consisting of 3 pages. [NOTE TO USER: Modify as to scope, compensation, schedule, and other key items.] In accordance with Paragraph 1.01 of the Agreement Between Owner and Engineer for Professional Services — Task Order Edition, dated Tuesday, July 19, 2022 ("Agreement"), Owner and Engineer agree as follows: 1. Background Data a. Effective Date of Task Order: Tuesday, July 19, 2022 b. Owner: City of Schertz C. Engineer: M&S Engineering, LLC d. Specific Project (title): City of Schertz Building 10 A/E Services e Specific Project (description): The project will consist of providing professional architecture and engineering services for Building 10 Renovation. Our scope of work will include As -Built Drawings unless Drawings will be provided, Programming, and evaluation/re- configuration of the existing building for Parks Department. Upon approval of the final Conceptual Plan, we will provide design drawings for permit and construction. The project Construction Budget is not yet determined. 2. Services of Engineer A. The specific services to be provided or furnished by Engineer under this Task Order are: ❑ As follows: See attached Proposal Letter Tuesday, July 19, 2022 B. Other Services: None C. All of the services included above comprise Basic Services for purposes of Engineers compensation under this Task Order. Task Order Form EJCDC® E-50S, 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 maybe authorized or necessary under this Task Order are: ❑ As follows: See attached Proposal Letter Tuesday, July 19, 2022 4. Owner's Responsibilities Owner shall have those responsibilities set forth in Article 2 of the Agreement and in Exhibit B, subject to the following: None. S. Task Order Schedule In addition to any schedule provisions provided in Exhibit A or elsewhere, the parties shall meet the following schedule: We anticipate 3-6 month duration. 6. Payments to Engineer A. Owner shall pay Engineer for services rendered under this Task Order as follows: See attached Proposal Letter Tuesday, July 19, 2022. 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: A. Architectural: RVK Architecture B. Structural: Lundy and Franke Engineering S. Other Modifications to Agreement and Exhibits: None 9. Attachments: Proposal Letter Tuesday, July 19, 2022. 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 10.Other Documents Incorporated by Reference: None 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 Tuesday, July 19, 2022. OWNER: [, ENGINEER: By: I By: Print Name: Dr. Mark Browne Title: City Manager DESIGNATED REPRESENTATIVE FOR TASK ORDER: Name: John Woolston Title: Facilities Manager Address: 1400 Schertz Parkway, Schertz, 78154 E-Mail Address: jwoolston@schertz.com Print Name: (_Trey) Thurl D. Sims, P.E. Title: MEP Division Mana: er Engineer License or Firm's Certificate No. (if required): #F-1394 State of: Texas DESIGNATED REPRESENTATIVE FOR TASK ORDER: Name: •Tre Thurl D. Sims P.E. Title: MEP Division Manager Address: 376 Landa St. New Braunfels TX E-Mail Address: tsimsiTmsengr.com Phone: Phone: _210 289-9691 Exhibit K— Amendment to Task Order 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 i� M&S ENGINEERING UECTR+GAL I cnm. I MEP July 19, 2022 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 Building 10 Architectural and Engineering Services. Mr. McClelland, 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 project will consist of providing professional design services for an existing approximate 3,000 SF building for the City of Schertz, Texas. 2. The scope would include: a. Field Verification. b. Schematic Design. c. Design Development. d. Construction Documents. e. Procurement. f. Construction Phase Services. 3. Bathrooms would need to be modified and ADA compliant. 4. New Fire Alarm and LED Lighting. 5. New HVAC systems or modifications to existing to comply with current code. 6. The project Construction Budget is not yet determined. 7. M&S would subcontract RVK Architecture to provide architectural services. 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: Architectural 1. As -Built Drawings — We will conduct field verification and provide Auto -CAD drawings of the existing 1-story building including walls, doors, and windows, but excluding areas that are not accessible due to equipment and/or debris obstruction or, areas that are structurally unsafe. 2. Schematic Design —Based on Site and Program information you provided to us, we will prepare a Site Plan study illustrating the size and relationship of the Project components. We will develop t, 0 (830) 629-29881 F t830) 885.2170 9 376 LANOA ST., NEW BRAUNFELS, TX 7813D P WWW.MSENGR.COM 0 TXEN6 HRM #F-1394I TBPELS FIRM #10169800 design sketches to determine the scale and character of the Project. We will prepare Schematic Floor plans. 3. Design Development - Based on the approved Schematic Design work, we will prepare additional drawings and other documents to adjust and describe the size and character of the Project. 4. Construction Documents - Based on the approved Design Development work, we will prepare architectural construction drawings and specifications setting forth the requirements for the construction of the project. 5. Structural — provide site visit and letter. 6. Construction Administration as stated below. MEP Desi:: n 1. Conduct an assessment to document existing MEP system locations, conditions, capacities, and general code compliance. 2. Mechanical Design (Division 23) a. Specify HVAC equipment. b. Provide a mechanical floor plan showing locations of HVAC equipment, sized ductwork, supply and return air grilles. c. Complete code compliance documentation (COM Check) for mechanical systems. d. Provide applicable specifications. 3. Electrical Design (Division 26) a. Provide one -line diagram and applicable panel schedules for new equipment. b. Provide electrical floor plans of power receptacles and equipment connections. c. Analyze photometrics, select light fixtures, select lighting controls. Provide designs for interior, exterior, and site lighting to meet IECC requirements. d. Complete code compliance permit documentation (COM Check) for lighting. e. Provide applicable specifications. 4. Plumbing Design (Division 22) a. Coordinate with Civil Engineer and/or utility for water supply and sewer. b. Analyze existing and proposed domestic water and sanitary sewer loads. c. Coordinate fixture selections and create a fixture schedule. d. Determine water heater size(s) and provide selections and schedule. e. Provide water supply and sanitary sewer floor plans out to five feet beyond the building. f. Complete code compliance permit documentation (COM Check) for water heaters. g. Provide applicable specifications. S. Construction Administration as stated below. Construction Support & Administration 1. Based on 6-month construction duration. Additional site visits or services beyond 6-month would be additional services. 2. (In -office) a. Engineer/Architect shall perform during the construction period in -office reviews of all material and equipment submittals; respond electronically to RFI's; and prepare and assist with ASI's when necessary. Page 2 of 4 3. (On -site) a. Engineer/Architect shall perform during the construction period site visits at the written request of Client whereby Engineer/Architect will assess construction progress and performance as compared to the requirements in the construction documents. i. Assumption: one site visit per month for 6-month duration (6 total site visits RVK and 2 total site visits M&S). ii. Observations shall be documented in a written Field Report and submitted to Client. ill. Visit the construction site at intervals appropriate to the stage of construction to: become generally familiar with and keep the client 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 Architectural Plans and specifications. iv. 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. b. Pre -Construction meeting, substantial completion punch list, final inspections, code - required inspections, meetings, or any visit to the project site by Engineer or Architect shall be considered a construction site visit. Deliverables 1. Progress Review Sets. a. Field Verification. Architectural. b. Schematic Design. Architectural. c. Design Development. Architectural and MEP. d. Construction Documents. Architectural and MEP 2. Final Plans for permit and construction. Assumptions Our proposal is based on the following: 1. All M&S deliverable drawings will be provided in PDF format. 2. Free access to the site will be provided to M&S Staff and our subconsultants. Pricing M&S Engineering will provide the scope of work as described for the Not -to -Exceed amount of $49,000.00 without prior written authorization from the City. The project will be invoiced as follows: 1. Design (construction drawings) $37,000.00 2. Construction Phase $12,000.00 Page 3 of 4 Project to be invoiced hourly per attached M&S billing rates. Subconsultant invoices will be invoiced lump sum as a reimbursable expense. Work performed will be billed monthly as progress is made during the project. 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. The following services: a. Structural Engineer Plans. b. Civil Engineer. c. Geotechnical Testing. d. Construction Testing. e. Procurement. f. Building Permit Services for Guadalupe County. g. Texas Accessibility Submission. h. Review and issue the contractor's monthly Application and Certificate for Payment. i. Attendance at pre -construction meeting. 4. Any service not specifically listed in the above scope of work is excluded from this proposal. Our proposal is based upon work being performed under our Professional Services Agreement dated February 11, 2021, between the City of Schertz and M&S Engineering, LLC. 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, Approved: Date: �— (Trey) Thurl D Sims III MEP Division Manager Print: Title: Page 4 of 4 Task Order SUGGESTED FORM OF TASK ORDER This is Task Order No. 006, consisting of 3 pages. [NOTE TO USER: Modify as to scope, compensation, schedule, and other key items.] In accordance with Paragraph 1.01 of the Agreement Between Owner and Engineer for Professional Services — Task Order Edition, dated, February 27, 2023 ("Agreement"), Owner and Engineer agree as follows: 1. Background Data a. Effective Date of Task Order: February 27, 2023 b. Owner: City of Schertz C. Engineer: M&S Engineering, LLC d. Specific Project (title): City of Schertz Building 10 A/E Services, Additional Scope e Specific Project (description): The project will consist of providing professional architecture and engineering services for Building 10 Renovation. Our scope of work will include bringing electrical infrastructure up to code, IT room relocation, new entry canopy, warehouse restroom renovation, site lighting improvements, interior warehouse lighting, upgrade warehouse receptacles to GFCI's, skylight replacement, demo of existing plumbing, and general patching of exterior wall. 2. Services of Engineer A. The specific services to be provided or furnished by Engineer under this Task Order are: ❑ As follows: See attached Proposal Letter, February 27, 2023 B. Other Services: None C. 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 maybe authorized or necessary under this Task Order are: ❑ As follows: See attached Proposal Letter, February 27, 2023 4. Owner's Responsibilities Owner shall have those responsibilities set forth in Article 2 of the Agreement and in Exhibit B, subject to the following: None. 5. Task Order Schedule In addition to any schedule provisions provided in Exhibit A or elsewhere, the parties shall meet the following schedule: We anticipate 3-6 month duration. 6. Payments to Engineer A. Owner shall pay Engineer for services rendered under this Task Order as follows: See attached Proposal Letter, February 27, 2023. 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: A. Architectural: RVK Architecture B. Structural: Lundy and Franke Engineering S. Other Modifications to Agreement and Exhibits: None 9. Attachments: Proposal Letter, February 27, 2023. 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 10. Other Documents Incorporated by Reference: None 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 Tuesday, February 27, 2023_ OWNER: ENGINEER: By: By: Print Name: Title: DESIGNATED REPRESENTATIVE FOR TASK ORDER: Name: Print Name: (Trey) Thurl D. Sims, P.E. Title: MEP Division Manaeer Engineer License or Firm's Certificate No. (if required): #F-1394 State of: Texas DESIGNATED REPRESENTATIVE FOR TASK ORDER: Name: (Trey) Thurl D. Sims, P.E. Title: Title: Address: Address: E-Mail E-Mail Address: Address: Phone: Phone: MEP Division Manaf?er 376 Landa St. New Braunfels, TX tsims@msengr.com (210) 289-9691 Exhibit K— Amendment toTask Order 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 M&S ENGINEERING ELECTRICAL I CIVIL I MEP February 27, 2023 City Of Schertz Attn: Lauren Shrum 11 Commercial Place, Schertz, TX 78154 210-619-1850 LShrum@schertz.com Reference: City of Schertz Building 10 A/E Services Additional Scope Ms. Shrum, This letter is pursuant to our agreement between the City of Schertz and M&S Engineering, LLC dated July 19, 2022. M&S Engineering original agreement of $49,000.00 is hereby amended to include the following scope: Providing professional architecture and engineering services for Building 10 Renovation, bringing electrical infrastructure up to code, IT room relocation, new entry canopy, warehouse restroom renovation, site lighting improvements, interior warehouse lighting, upgrade warehouse receptacles to GFCI's, skylight replacement, demo of existing plumbing, and general patching of exterior wall. Additional Scope shall not exceed $25,000.00 without prior written authorization from the City of Schertz. Work performed will be billed monthly as progress is made during the course of the project. Additional Scope is based upon work being performed per the original agreement. We truly appreciate the opportunity to support you in this project. If there is anything that you would like to discuss, please do not hesitate to contact us. Should you find the Amendment acceptable, please indicate so by signing and dating this document below. Sincerely, (TrAY)url D Sims III MEP Division Manager Approved: Date: Print: Title: fk. 0 (830) 629-29881 F (830) 885-2170 9 376 LAN BAST., NEW BRAUNFELS, TX 78130o0WWW.MSENGR.COM a) TXENG FIRM #F-13941 TBPELS FIRM #10169800