HomeMy WebLinkAboutRes 2021-10-1019 Agreement with Project Advocates for Due Diligence Services on the Anna Public LibraryCITY OF ANNA, TEXAS
RESOLUTION NO. &Cal b� IOda
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 DUE DILIGENCE SERVICES ON THE ANNA PUBLIC LIBRARY, AS
SHOWN IN EXHIBIT "A" ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Anna voters approved Bond Proposition B for the construction of a public
library in Anna, Texas ("the Project"); and
WHEREAS, the City is entering into the pre -design phase of the project to finalize 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 pre -design and
due diligence services on the Anna Public Library project on a fixed fee basis totaling
$49,932.00; 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 eday of
2021.
ATTEST:
City Secretary, Carrie L. Land
APPROVED:
pA/v
• ayor, Nate Pike
Nv
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EXHIBIT
Your Project Our Possion,
October 6th12021
City of Anna Library
This Agreement dated October 6th, 2021, 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 Project located in Anna, Texas, designed by the Architect TBD. The facility
program has yet to be determined and the Target Value Design is $22,000,000,
The Owne►'s Designated Representative is Greg Peters.
The Project Advocate's Designated Representatives are Phil Miller and Alma Zamora.
Due Diligence:
Project Advisor will represent Owner in a respectful and cognizant manner that is demonstrative of
Owners 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.
Project Scopine Exercise:
a. Working with the Neighborhood Services Department's consultant — Orange Boy, to
define:
i. Facility Use needs
1. Coordinate Library Tours
2. Develop a Choosing by Advantages (CBA) matrix of said libraries
3. Establish two libraries for comparisons
ii. Space allocation
iii. Technology services for a modern library & community center
Establishment of a Project Charter:
b. Preparation of a Detailed Project Charter, to be adopted formally by the City Council,
including:
I. Advise on Project Goals and Objectives
1. Based on the scoping exercise above
ii. Provide recommended guidelines for 'Library Council' member selection, to
be used as a starting point in the selection process. The 'Library Council' will
have the following role in the project:
1. General input in the Architect selection
2. General input in the design aesthetics
3. General input on the Contractor selection
iii. Public Input Process
1. Specific public input process, limitations, scope, and controls to allow
for public input within specific time frames and with limitations
Your Project Our Passion.
October 6, 2021
City of Anna Library
iv. 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. Recommended required experience, qualifications, capabilities, and
key interview questions to be used in selection process
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)
v. Design Team RFQ
1. Produce Request for Qualifications for the Design Team
2. Advertise and issue RFQfor Design Team Qualifications
3. Collect RFQsubmissions and prepare a comparison report
4. With the City of Anna, review submissions, comparison report, and
shortlist design team.
vi. Produce Design Team RFP
1. Based on approved Project Charter, Project Big Bar Schedule, Cost
Planner, and Orange Boy's Preliminary Report
vii. 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 project cost plan for the project, including:
i. Construction Costs
ii. Cash Flow Analysis
iii. FF&E Costs, including:
1. Furniture
2. Storage
3. Equipment
4. Books/Materials for public consumption
iv. Engineering and Architecture (Design Services) Costs
v. Geotechnical Analysis/Report/Recommendations Costs
vi. Material Testing Costs
1. Soil/Geotech
2. Paving/Site Materials
3. Building Pad/Fill
00
PROJECT ADVOCATES
Your Project Our Passion.
vii. Building Testing Costs
1. Building Envelope Testing
2. HVAC Testing & Balancing
3. Building Commissioning
October 6tl', 2021
PROPOSAL
City of Anna Library
The fee for Due Diligence Services shall not exceed $49 932 per services described above (plus
reimbursable expenses up to $1,000 without prior approval, any expenses above that amount will be pre -
approved). It is anticipated that the schedule to complete the Due Diligence Services shall not extend for
more than 7 months from the initial meeting, of said project. If the time to complete is extended for any
reason, both parties reserve the right to renegotiate the fee or terminate the Agreement,
Reimbursable Costs during Due Diligence Services: All travel expenses, printing, permitting, design
related consultant costs, project website & document management services, and any site related costs.
Basic Design (Pre -construction) Project Control Services:
**Services available, but not in contract currently**
• Manage the design team selection process. Request for proposals, analyze responses, organize
interviews (if necessary), and advise Owner in selection and negotiating business terms of
contract.
■ Review design and other professional services to ensure that Owner's project objectives are
considered regarding schedule, scope, and cost.
■ Scope Definition and Benchmarking. (Continuing)
■ Conceptual and Detailed Cost Estimating. (Continuing)
■ Conceptual Modeling and Site Adaptation as necessary, for estimating and communicating
alternatives.
■ Advise Owner on Design Team contract options and execution in concert with the purchasing
department,
■ Advise Owner on most suitable form of construction contract, and the method of construction
contractor selection,
• Value Analysis, Constructability, and Design Change Management.
■ Schedule, organize, and monitor public approval process to obtain all required reviews and
permits.
■ Preconstruction Scheduling.
• Manage the construction contractor selection process. Prepare competitive request for
proposals, analyze responses, organize interviews (if necessary), and advise Owner in selection
and negotiating business terms of contract.
Construction Project Control Services:
**Services available, but not in contract currently**
■ Review ASIs and RFIs as required to manage changes in scope.
■ Recommend procurement process for owner furnished items.
■ Provide ongoing value analysis and constructability recommendations.
■ Pay -application review.
• Regularly Observe/Monitor construction activity.
• Review proposed Change Orders and impacts to the construction Budget,
■ Monitor general contractor's schedule and progress.
Your Project Our Passion.
■ Attend OAC meetings.
■ Assist in punch list preparation and monitor completion.
Terms and Conditions:
October 6th12021
City of Anna Library
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 ofthe 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 executing the
Preconstruction Services.
Proiect Advisor. Proiect Advocates
BY:
TITLE: principal
DATE; 10.06.2021