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HomeMy WebLinkAboutRes 2022-11-1312 Agreement with Project Advocates for a New Indoor Recreation FacilityCITY OF ANNA, TEXAS RESOLUTION NO. 20 A'7 — 1) 13 i A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF ANNA, TEXAS AND PROJECT ADVOCATES FOR PROJECT INITIATION SERVICES ON A NEW INDOOR RECREATION FACILITY FOR THE CITY OF ANNA, TEXAS, AS SHOWN IN EXHIBIT "A" ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Anna voters approved Bond Proposition C for which included funding for the design of an indoor recreation facility in the City of Anna, Texas ("the Project"); and WHEREAS, the City is entering into the project initiation phase of the project to prepare a project scope, develop a more detailed budget for design and construction, and create a Project Charter for the project; and WHEREAS, Project Advocates is a professional services firm which provides project management and owner representation services for design and construction projects; and WHEREAS, the City is seeking to contract with Project Advocates to complete project initiation services on the project on a fixed fee basis totaling $70,000.00; and WHEREAS, the services provided by Project Advocates will be funded through 2021 Bond Funds; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Authorization. The City Council hereby approves entering into and authorizes the City Manager to execute a professional services agreement with Project Advocates as shown in Exhibit "A" attached hereto. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this �a ay of 2022. ATTEST: APPROVED: IF \\\\\IIS114111111//j��, Al City Secretary, Carrie L. Land Moor, Nate Pike '///!lfIIIIIII1111\\\\ Ott Your Project. Our Possion. October 2022 City of Anna Texas This Agreement dated October 131h, 2022, between the Owner, City of Anna, and the Project Advisor, Project Advocates (PA), shall define the services and terms agreed to execute the services for the Community Center and Site Development project located at Geer Park in Anna, Texas, designed by an architect that is yet to be determined. The program initially includes Community Center (gymnasium 8,500 sf, weight/cardio 3,000 sf, multi -purpose 2,000 sf, group exercise 2,000 sf, prep/catering kitchen 350 sf, associated common/utilitarian spaces, along with sports fields and other associated amenities. The Target Value Design has yet to be defined. The Owner's Designated Representative is Greg Peters. The Project Advocate's Designated Representatives are Phil Miller and Alma Zamora. Proiect Initiation: Project Advisor will represent Owner in a respectful and cognizant manner that is demonstrative of Owner's organizational culture and values. Identify the Project Charter objectives, location, size, general program scope, and any unique aspects. Work with owner to complete an initial Capital Expenditures Budget. Work with Owner Stakeholders from all departments to establish and maintain Owner's design standards. The scope of work is detailed below and shall include Project Scoping Exercise, establishing a Project Charter, Big Bar Schedule, and Cost Planning. Proiect Scoping Exercise: a. Working with the Parks Advisory Board to define: L Facility needs 1. Coordinate Tours of similar facilities and sites that might be good examples to consider (Sachse, Murphy, and Richardson) 2. Develop a Choosing by Advantages (CBA) matrix of said facilities and sites 3. Establish two facilities and sites for comparisons ii. Space allocation Ill. Amenities for a modern community center and associated sporting fields Establishment of a Project Charter: b. Preparation of a Detailed Project Charter, to be adopted formally by the City Council, including: i. Provide recommended guidelines for the Parks Advisory Board outlining the board's purpose, responsibilities, and expectations. The Parks Advisory Board will have the following role in the project: 1. Advise on Project Goals and Objectives (the What? of the project) 2. General input on the overall big bar schedule 3. General input in the Architect selection 4. General input in the design aesthetics Page 1 of 3 October 2022 OttPROJECT ADVOCATES Community Center and Site Development Your Project. Our Passion. City of Anna Texas ii. Public Input Process 1. Specific public input process, limitations, scope, and controls to allow for public input within specific time frames and with limitations. A separate consultant will be engaged for the public input process, as a separate fee iii. Advise on Establishing Design Team Constraints 1. Defined role of the design team in the process 2. Design Team responsibilities and limitations on their authority 3. Utilize the City of Anna's current IDIQ list of design teams 4. Specific design scope boundaries for the design team to stay within 5. Building Materials Scope - Use of readily available and cost-effective building materials (no rare or unreasonably difficult to acquire items which inflate costs and acquisition time) iv. Design Team RFQ 1. Produce Request for Qualifications for the Design Team 2. Advertise and issue RFQ for Design Team Qualifications 3. Collect RFQ submissions and prepare a comparison report 4. With the City of Anna, review submissions, comparison report, and shortlist design team. v. Produce Design Team RFP 1. Based on approved Project Charter, Project Big Bar Schedule, Cost Planner, and interviews vi. Contractor Constraints 1. Defined role of the contractor in the process a. Recommended method of bid/contracting for this project b. Recommended qualifications/requirements to be included in the Bid/SOQ/Selection process Initial Cost Planning: Project Advisor will represent Owner in a confidential, respectful, and cognizant manner that is demonstrative of Owner's organizational culture and values. Project Advocates will work with owner to complete an initial Capital Expenditures Budget. a. Preparation of a project cost plan for the project, including: I. Construction Hard Costs ii. Soft Costs The fee for the Project Initiation Services will be $70,000.00, plus reimbursable expenses up to $3,000 without prior approval; any expenses above that amount will be pre -approved. It is anticipated thatthe schedule to complete the Project Initiation Services shall not extend for more than four to six (4-6) months. If the time to complete is extended for any reason, both parties reserve the right to renegotiate the fee or terminate the Agreement. Page 2 of 3 Your Project Our Passion. October 2022 Anna Texas Reimbursable Costs during Design Management/Pre-Construction Services: All travel expenses, printing, permitting, design related consultant costs, project website & document management services, and any site related costs. Terms and Conditions: Extent of Project Advisor's Responsibilities: The Project Advisor shall exercise reasonable care in preparing schedules and estimates. The Project Advisor, however, does not warrant or guarantee estimates and schedule except as may be agreed to in a separate agreement, as part of a Guaranteed Maximum Price contract. The Project Advisor is not required to design the Project within the Owner's budget or to ascertain that the drawings and specifications are so designed or are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Project Advisor shall promptly report to the Architect and Owner any nonconformity discovered by or made known to the Project Advisor. Conflict Resolution: Both parties agree to resolve conflicts starting with mediation. Both parties agree that liability and damage claims shall not exceed the value of the fees identified in this agreement. Termination: The Owner may terminate this agreement with thirty (30) days written notice with or without cause and the Project Advisor may also terminate the agreement with fourteen (14) days written notice if payment terms are not met or agreement is extended past the agreed upon schedule for the preconstruction phase services. Project Advisor shall be paid for all services provided up to the date of termination plus reasonable demobilization costs. Payment Terms: Services and fees are to be provided as authorized and shall be invoiced monthly as a prorate amount of the fixed fee over the agreed upon duration of the project or as incurred if engaged for hourly services. Invoices shall be paid within thirty (30) days of receipt. The undersigned agrees to the terms of this agreement hereby gives notice to proceed with executingthe Preconstruction Services. CLIENT, '1 r da BY: TITLE: DATE: Page 3 of 3 Project Advisor, Project Advocates BY: TITLE: Principal DATE:10.26.2022