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23-R-106 Agreement Halff Associates IH 35 NEX-NorthRESOLUTION NO. 23-R-106 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH HALFF ASSOCIATES, INC., TOTALING NO MORE THAN $1,250,000 FOR DESIGN, BID, AND CONSTRUCTION PHASE ENGINEERING SERVICES FOR THE 111 35 NEX-NORTH WATER AND WASTEWATER UTILITY RELOCATION 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 IH 35 NEX-North water and wastewater facilities relocation project; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Halff Associates, Inc., for the design, bid, and construction phase services as described in the Project Agreement attached hereto. (the "Agreement"). WHEREAS, the City Council authorizes expenditures with Halff Associates, Inc., for the IH 35 NEX-North Utility Relocation project for $1,143,372 with a not to exceed amount of $1,250,000 for the 2023-2024 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 Halff Associates, Inc., in substantially the form set forth on Attnrhmant 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resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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, thisday of October, 2023. CITY OF SCHERTZ, TEXAS - '40 Ral utie e , Mayor ATT S . Sheila Edmondson, ity Secretary ATTACHMENT 1 PROJECT AGREEMENT A-1 I - This is Task Order No. 15 consisting of _ 8 pages. Task Order In accordance with Paragraph 1.01 of the Agreement Between Owner and Engineer for Professional Services — Task Order Edition, dated October 17, 2019 ("Agreement"), Owner and Engineer agree as follows: 1. Background Data a. Effective Date of Task Order: TBD b. Owner: City of Schertz c. Engineer: Halff, Inc. d. IH35 NEX North Utility Relocations e. Specific Project (description): • TxDOT is currently under design for the 1-35 NEX North project, a Federal Funded project that requires relocation of all public and private utilities. • Design Utility Relocations of approximately 22,000 feet of water lines predominantly of 12-inch diameter. All other City of Schertz water lines and services smaller than 6-inch in diameter and within TxDOT construction limits are included in this scope of work. • Design Utility Relocations of approximately 3,500 feet of wastewater lines sizes 4- and 16-inch in diameter, including a 4-inch force main. All wastewater service relocations within TxDOT construction limits are included in this scope of work. • TxDOT is expecting 60% plan submittal in October 2023 with 90% and Final Joint Bid Utility submittals due January 2024, and June 2024, respectively. 2. Services of Engineer A. The specific services to be provided or furnished by Engineer under this Task Order are as follows: PROJECT ASSUMPTIONS • Contract for utility relocations will be between Halff and the City of Schertz • TxDOT will reimburse cost to City of Schertz • The improvements are planned to be joint -let for bidding in December 2024 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 • Utility conflict mitigation limits for the City of Schertz are along the IH35 NEX North Project (CCSJ/RCSJ: 0016-05-111, 0016-06-115) from Schertz Parkway to Country Club Boulevard • Utility relocation PS&E will be prepared and included as part of the IH35 NEX North Project (CCSJ/RCSJ: 0016-05-111, 0016-06-115). • Special Specification will be administratively approved by TxDOT for modifications necessary for the proposed IH35 NEX water and wastewater main improvements (TBD). • TxDOT/City to provide all base files for utility relocation design. • SUE is being provided by TxDOT consultants. An allowance is included within Halff's scope and fee to cover additional SUE expense (as necessary) outside of TxDOT contract values. • TxDOT to provide additional SUE QLA test holes as needed for utility relocation design. An allowance is included within Halff's scope and fee to cover additional SUE QLA test holes (20 max) outside of TxDOT contract values. • Assume "Buy America" for all iron and steel utility design elements. • TxDOT is expecting 60% plan submittal in October 2023 with 90% and Final Joint Bid Utility submittals due January 2024, and June 2024, respectively. PHASE 1— Project Management and Coordination a) Engineer will manage the design team schedule and budgets, including sub -consultants (if applicable), and maintain project records contracts in accordance with the agreement. Based on TxDOT's current schedule, eight (8) month design phase and twelve (12) month construction phase of project management anticipated. b) Engineer will prepare monthly invoices in a format acceptable to the city along with a progress report of activities accomplished during the period. c) Participate in weekly coordination meetings with city staff to discuss project updates and address conflicts. For estimating purposes, twenty (20) meetings are estimated, if more meetings are required, supplemental services may be required. Deliverables —Weekly coordination meeting notes, Monthly Progress Reports, Meeting Minutes PHASE 2 — Data Collection and Review Task 1— Data Acquisition Halff will review existing record drawing and existing easement information obtained from the City including but not limited to: a) As -built records for all available City water and wastewater within the area of study. b) Existing plat and separate instrument easement documents recorded with the City of Schertz, Guadalupe and Comal Counties. c) Pending development plans with anticipated connections, ROW and/or easement dedications to the City of Schertz. d) Review of TxDOT provided base files including survey, SUE information. 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 Task 2 — Subsurface Utility Engineering and Utility Coordination a) Provide up to twenty (20) SUE quality level 'A' test holes at locations of potential conflict as identified through the conflict analysis process for the IH35 NEX North Project. Consultant will provide a map of proposed test holes to the City for review and approval prior to beginning any field work. b) Perform conflict analysis with proposed improvements. c) Task 2 allowance requires additional authorization in the event needed. Task 3 — Topographic Survey (as needed) a) Perform field survey required collect supplemental site topography information needed in the design of the project; establish or locate at least two Benchmarks within the job site. Provide necessary number of control points on the ground for the Project and ensuring horizontal and vertical control correspond with the design plans. Deliverables (as needed) —SUE test hole data sheets, meeting minutes. PHASE 3 — Utility Design — Halff shall develop plans, specifications, and estimate (PS&E) to be incorporated into construction documents for use in bidding and constructing of the TxDOT initiated IH35 NEX North project. Plans will be prepared and submitted to the City of Schertz and TxDOT to coincide with the 60%, 90%, and Bid phase submittals. The final design will consist of the following tasks and is based on the assumptions below: • Utility design will in accordance with the following manuals and standards: o Modified Special Specification incorporating City of Schertz standards and approved by TxDOT as part of the current IH35 NEX North joint bid project o City of Schertz standards and specifications relative to water and wastewater mains o Texas Commission on Environmental Quality (TCEQ) Utility relocation design will be submitted for review and approval by TxDOT TxDOT approved utility relocation design will be incorporated into the IH35 NEX North construction drawings Task 1- 60% PS&E Documents The 60% PS&E construction plan set shall consist of the following: a) Utility general notes b) Demo and Removal plan c) Review of TxDOT's construction traffic control plan and phasing d) Water plan and profile sheets e) Wastewater plan and profile sheets f) Wastewater bypass plan g) Standard and project specific details 2. Prepare draft technical specifications for the water and wastewater utility relocations for the IH35 NEX North project. TxDOT Special Specifications will be modified and provided to the City 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 and TxDOT for administrative approval. Such modified special specifications are anticipated to be utilized to supplement TxDOT general conditions. Prepare a 60% opinion of probable construction costs (OPCC) Task 2 - 90% and Bid Set PS&E Documents The 90% PS&E construction plan shall consist of the following: a) Incorporate City of Schertz and TxDOT review comments on the 60% submittal. b) Prepare any additional sheets required that were not included in the 60% submittal phase. c) Revise technical specifications for the water and wastewater utility relocations associated with the IH35 NEX North project. TxDOT Special Specifications will be modified and provided to the City and TxDOT for administrative approval. Such modified special specifications are anticipated to be utilized to supplement TxDOT general conditions. d) Prepare a 90% opinion of probable construction costs (OPCC) Task 3- Bid Construction Documents a) Incorporate City of Schertz and TxDOT review comments on the 90% submittal. b) Finalize, seal, and incorporate the utility relocation plans into the IH35 NEX North project bid construction document package. c) Engineer will address contractor questions during the TxDOT bid process. For estimating purposes, ten (10 max) contractor questions are included. d) Engineer will prepare any Addenda necessary during the TxDOT bid process. For estimating purposes, one (1 max) Addenda issuance is included. Deliverables —60%, 90%, and bid construction submittals of plans, specifications, and opinion of probable construction cost. PHASE 4 — Construction Phase Services These services are intended to assist the City in administering the contract for construction, monitoring the performance of the construction Contractor, verifying that Contractor's work is in substantial compliance with the contract documents, and assisting the City in responding to the events that occur during construction. Administration Services as defined below. Task 1— Submittals Review of Shop Drawings, Samples and Submittals - Halff review and approve all submittals for the water and wastewater relocation of the Contractor's shop drawings, samples and other submittals for conformance with the design concept and general agreement of the contract. Halff will log and track all shop drawings, samples and submittals. Halff shall coordinate with City of Schertz for quality control. For estimating purposes, Ten (10 max) submittals are estimated to be reviewed. Additionally, two (2) rounds of comments and review of revised submittals are anticipated for this task. 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 Task 2 - Requests for Information (RFI) Halff will review the Contractor's requests for information or clarification of the contract for construction. Halff will coordinate and issue responses to requests to Contractor. Halff will log and track the Contractor's requests. Twenty (20 max) RFI's are assumed as part of this proposal. Task 3- Review of Contractor's Requested Changes Halff shall review all Contractor -requested changes to the contract for construction. Halff will make recommendations to City regarding the acceptability of the Contractor's request and, upon approval of the City, assist in negotiations of the requested change. Upon agreement and approval, Halff shall prepare and submit supporting change order documents and plan revisions. Twenty (20 max) reviews of contractor's requested changes are assumed as part of this proposal. Task 4- Contractor Pay Application Review Halff will review each contractor pay application submitted by the contractor to TxDOT (or TxDOT's third party construction inspection engineer) and verify quantities installed with the onsite construction inspector. Halff will coordinate with the City project manager on any submitted pay application and formally send correspondence onto TxDOT (or TxDOT's third party construction inspection engineer) upon direction of the City. Ten (10 max) pay application are anticipated for this task. Task 5 -Completion of Record Documents Halff shall prepare construction Record Documents based on information received from the Construction Contractor within thirty (30) days of substantial completion of construction and provide one (1) set of paper hard copy reproducible and one (1) electronic set of record drawings in .dwg and .pdf formats to the City of Schertz. These record documents are a compilation of the sealed engineering drawings for the IH35 NEX North utility relocation project, modified by addenda and change orders, and information furnished by the contractor. Information shown in the record documents provided by the contractor, or others not associated with the design engineer, cannot be verified for accuracy or completeness. Specified Additional Services Task 1— Easement Acquisition (6 Parcels) a) Appraisal Services — Appraisal Services provided by Lowery Property Advisors. Mario Caro, MAI, AI-GRS, will prepare complete appraisal report for the parcel to be acquired utilizing TxDOT Forms No. ROW-A-5 and ROW-A-6 as applicable. These reports shall conform to City policies and procedures along with the Uniform Standards of Professional Appraisal Practices. b) Appraisal Review Services — Appraisal Review Services will be provided by HLH Appraisal Review Services. Harvey Heerssen will review appraisal report for the parcel to determine consistency of values, supporting documentation related to the conclusion reached, and compliance with City of Schertz policies and procedures and the Uniform Standards of Professional Appraisal Practices 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 5 and prepare and submit to the City of Schertz the Form "Tabulation of Values," for the appraisal. c) Acquisition Services 1) Analyze preliminary title commitment report to determine potential title problems, propose and inform City of Schertz of methods to cure title deficiencies. This includes analysis of access easements. 2) Secure title commitment updates in accordance with insurance rules and requirements for parcel payment submissions. There should not be any charges at this point, but if there are changes (such as abstractor fees) these costs must be reimbursed to Halff as pass -through costs. 3) Analyze appraisal and appraisal review reports and confirm the City of Schertz's approved value prior to making offer for the parcel. 4) Prepare and send the letter transmitting the Landowners' Bill of Rights by Certified Mail - Return Receipt Requested (CMRRR). 5) Prepare the initial offer letter, instruments of conveyance, and any other documents required or requested by City of Schertz on applicable City of Schertz forms. 6) The written offer, appraisal report, and required brochures must be sent to the property owner or the property owner's designated representative through CMRRR. Maintain follow-up contacts and secure the necessary instruments upon acceptance of the offer for the closing. 7) Maintain original signed Receipt of Appraisal, (unless property owner refuses to sign it, it will be so noted) and the unsigned CMRRR receipt for billing purposes. 8) Respond to property owner's inquiries verbally and in writing within three business days. 9) Prepare a separate negotiator contact report for the parcel. 10) Maintain parcel file of original documentation related to the purchase of the real property or property interests. 11) Advise property owner on the Administrative Settlement process. Transmit to City of Schertz any written counteroffer from property owner including supporting documentation, and provider recommendation, with regards to Administrative Settlements in accordance with City of Schertz policies and procedures. 12) Prepare final offer letter, documents of conveyance as necessary, and provide by CMRRR. 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 6 Task 2 — Metes and Bounds Descriptions (6 Parcels) 1) Prepare metes & bounds descriptions and accompanying parcel exhibits for six (6) parcels. The descriptions will be prepared in a manner acceptable for easement conveyance or other similar uses. 2) Set Parcel Corners. 3) Individual parcel exhibits shall be in pdf format, and shall be sealed, signed and dated by a Registered Professional Land Surveyor. ITEMS EXCLUDED FROM SCOPE OF SERVICES 1. Archeological survey and/or historic structure survey, including application for an Antiquities Permit, preparation of a historic research design, performing cultural resources reconnaissance or intensive surveys, evaluation of any resources for eligibility for listing in the NRHP, evaluation of effects on NRHP-eligible or NRHP-listed sites, or development of mitigation plans 2. USFWS and TPWD coordination/consultation 3. Field surveys for federal and state -listed threatened and endangered species. 4. Phase I Environmental Site Assessment 5. Design of public and franchised utility adjustments that are not noted in the above scope 6. Traffic Control Plans 7. Analyzing or simulating water supply networks 8. Storm Water Pollution Prevention Plan (SWPPP) 9. Property acquisition or negotiations, including easements, other than six (6) parcels as stated in the scope of work. 10. Filing fees, permit fees, and license fees 11. Coordination with individual property owners (Design and Construction Phases) 12. Construction Site visit or status meetings (City staff will perform inspection services, construction progress meetings and quality control during construction) (Halff can perform these services as supplemental services but will require scope modifications) 13. Drafting any City Council agenda items, exhibits, ordinances, resolutions or attendance of council meetings 14. Engineer's certificates. The Engineer shall not be required to execute any documents subsequent to the signing of this Agreement that in any way might, in the judgment of the Engineer, increase the Engineer's risk or the availability or cost of his professional or general liability insurance 15. Administrative and Billing process for City design fee or construction cost reimbursement packages with TxDOT. 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 7 Any additional services required beyond those specifically identified in this proposal are beyond the scope of services to be provided. Additional services, if requested, will be separately identified and negotiated and such additional scope and commensurate fee will be authorized under a supplemental agreement to this proposal/contract. 3. Owner's Responsibilities Owner shall have those responsibilities set forth in Article 2 of the Agreement and in Exhibit B: 4. Task Order Schedule In addition to any schedule provisions provided in Exhibit A or elsewhere, the parties shall meet the following schedule: neer Action chedule Furnish: IHalff personnel will be available 1. The consultant will submit to commence work upon five set of plans and written notice to proceed. 60% specifications at the 60%, and ,Plans will be submitted on two sets of plans at the 95% October 24, 2023. and Construction Documents. Consultant will participate in submittal review meetings for each milestone. 1. As Built drawings for �s Coordinated public utilities within R.O.W. 2. Adjacent development plats. 3. Future projected utility layouts 5. Payments to Engineer A. Owner shall pay Engineer for services rendered under this Task Order as follows: Fee provided shall be considered lump sum for the services described in this Task Order. See attached Exhibit a for Fee Schedule. B. The terms of payment are set forth in Article 4 of the Agreement and in the applicable governing provisions of Exhibit C. 6. Terms and Conditions 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 8 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 TBD. OWNER: ENGINEER: By: By: Edward Herolt, P.E. Print Name: Title: DESIGNATED REPRESENTATIVE FOR TASK ORDER: Name: Title: Address: Email Address: Phone: Print Name: Title: Engineer License or Firm's: F-312 State of: Texas DESIGNATED REPRESENTATIVE FOR TASK ORDER: Name: Title: Address: Email Address: Phone: Task Order Form E1CDC® E-505, Agreement Between Owner and Engineer for Professional Services— Task Order Edition. 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