HomeMy WebLinkAboutRes 2023-12-1577 Agreement- Municipal Complex Plaza- Construction Project Control Services- Project AdvocatesCITY OF ANNA, TEXAS
RESOLUTION NO. 20 P 3 -12- 1 5'
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 PR04ECT
ADVOCATES FOR CONSTRUCTION PHASE SERVICES ON THE MUNICIPAL
COMPLEX PLAZA FOR THE CITY OF ANNA, TEXAS, AS SHOWN IN EXHIBIT "A"
ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Anna FY23-24 Budget includes funding for a Capital Improvement Plan
project for the Municipal Complex Plaza in the City of Anna, Texas ("the Project"); and
WHEREAS, the City is entering into the construction phase of the project; and
WHEREAS, Project Advocates is a professional services firm which provides project
management and owner representation services for construction projects; and
WHEREAS, the City is seeking to contract with Project Advocates to complete construction
phase services on the project on a fixed fee basis totaling $78,716 plus reimbursable expenses;
and
WHEREAS, the services provided by Project Advocates will be funded through the existing
funding identified for the project; 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 a4day of
DeceMYaer, 2023.
ATTEST.
City Secretary, Carrie L. Land
EXHIBIT "A"
0 PROJECT 1CA S lG/NfR IlH(V LVc'NI PiULG
Our Possinn. City ofAnna Texas
1 his Agreement dated August 23' , 2023, between the Owner, City of Anna, and the Project
Advisor, Prolecl Advocates (PA), for the Construction Phased Services. PA has been engaged for
the Preconstruction Services of LheCommunity Event Plaza; in which the design team was formed
to include Landscape Architect - TNP (Teague Nall and Perkins), Civil Engineering - Gessner
Engineering, and Electrical Consultant - RWB. The program and budget were established, and
construction documents are scheduled to be completed in September 2023. Therefore, this
agreement shall define the Construction Phase Services and terms agreed to execute the services
for the Community Event Plaza project located at the center of the Municipal Complex in Anna,
Texas. The program includes approximately 75,000 sf of green space developed to have an event
plaza, pedestrian paving, furniture, butterfly garden, Veteran's recognition along with other park
amenities. The Target Value Design has been defined as approximately $3,500,ODO.
The Owner's Designated Representative is Greg Peters.
The Project Advocate's Designated Representatives are Phil Miller ano Alma Zamora.
Construction Phased Services
August 2023
Construction Proiect Control Services:
• Provide a monthly report of the project status
• Review and advise on change order management and contract administration.
• Pay -application review and monthly draw preparation.
• Regularly Observe/Monitor construction activity every other week, on average
• Observe/review construction quality, field observation reports, and monitor GC schedule
• Document review, updating, and constructability review
• Soft Cost scope management
• Attend OAC meetings.
• Assist in punch list preparation and monitor completion.
• Owner fumished scopes procurement (FFE, AVL, Signage, Artwork, Misc.)
• Project Closeout
• 11-month Warranty Walk
The fee for Construction Phased Services will be $78,716 plus reimbursable expenses up to
$3,000 without prior approval: any expenses above that amount will be pre -approved. It is
anticipated that the schedule to complete all CPS services shall not extend for more than eight
(8) months and will occur concurrently with the construction of the Community Library.
If the Lime to complete is extended beyond (8) months due to no fault of PA, PA will be entitled
to $5,000 for each additional month of construction, with prior notification and approval from
the City of Anna.
Page 1 of 2
k
PTZOJECT�� C?1TE5 �urrlrrrunuv ccrrr � �,,�
();,r Pa,cror. City of Anna Texas
Reimbursable Costs during Construction Phased Services. All travel expenses, printing,
permdting, design related consultant ousts, prolett 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 0 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 executing the
Preconstruction Services.
CLIENT, The City of Anna, Texas
BY:
TITLE: I •
DATE.or
/
Page 2 of 2
Project Advisor, Project Advocates
BY:�%
TITLE: Principal
DATE: August 23, 2023