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R2018-068 2018-04-23 RESOLUTION NO. R2018-68 A Resolution of the City Council of the City of Pearland,Texas,authorizing the City Manager or his designee to enter into an amended contract with Lockwood, Andrews & Newnam, Inc. (LAN), in the additional amount of $7,500.00(total contract$57,350.00),for facility assessment services related to Hurricane Harvey. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain amended contract for engineering services associated with facility assessment services, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest an amended contract for engineering services associated with the facility assessment services. PASSED, APPROVED and ADOPTED this the 23rd day of April, A.D., 2018. I 1jyL.. P .. TOM REID MAYOR ATTEST: i ```"'iiI,,,��is / O. �=G !'FING,,�'MCJ � Cs �� _E —ETARY APPROVED AS TO FORM: a........--. )1 . 6.7(...../ DARRIN M. COKER CITY ATTORNEY ' Resolution No. R2018-68 Exhibit "A" CITY OF PEARLAND PUBLIC WORKS DEPARTMENT � ,` 3519 Liberty Drive,Suite 300 Pearland,Texas 77581 A ° www.cityofpearland.com/projects Professional Services Contract Amendment Public Assistance Services —Building Facilities Damage Assessments Date of Issuance: March 26, 2018 Amendment No: 1 Consultant: Lockwood,Andrews &Newnam,Inc. CoP Project No: N/A PO#: 2017-00001912 Explanation: This Amendment encompasses the following: Description of Work Cost Time 1. Additional level of effort for Public Assistance for Damage Assessments—Building Facilities, Per proposal dated March 16, 2018 $7,500 N/A Days Cost& Time Change Summary: Cost Time Original Contract: $ 49,850 Days Previous Amendment(s): $ 0 Days Contract prior to this Amendment: $ 49,850 Days Net increase(decrease) from this Amendment: $ 7,500 Days Revised Contract: $ 57,350 Days Finance Approval: Date: Finance Director ACCEPTED*: APPROVED: By.__ .�. ' Date:2018-03-19 By: Date: �' J Consultant ' City Manager/Designee *Consultant agrees to perform change(s)included in this Contract Amendment for the price and time indicated.The prices for changes included all costs associated with this Contact Amendment. No work is to be done until this Amendment is executed.No payment to the Consultant shall be made for work included in the Amendment until this Amendment is executed. Upon execution by all parties,the following changes identified for the Contract Value and/or Contract Time shown,are made part of the Contract. ' l 1 of 1 D6.Revised 6/16 o , ilk Lockwood,Andrews &Newnam, Inc. A L FU A DALY COMPANY CITY OF PEARLAND FACILITY CONDITION ASSESSMENT(FCA)ADDITIONAL SERVICES PROPOSAL Lockwood, Andrews & Newnam, Inc. (CONSULTANT) submits the following Scope of Work detailing proposed services to be provided to the City of Pearland (OWNER). BACKGROUND CONSULTANT will perform additional services for a Facility Condition Assessment (FCA) for the OWNER.The services associated with the FCA included a rapid evaluation of OWNER assets which identified building deficiencies resulting exclusively from Hurricane Harvey.The deliverable provided a printed report produced from the use of the FCA software used for the rapid evaluation and listed building deficiencies,the recommended repair scope for identified deficiencies,and cost for identified deficiencies.The reported deliverable also included photos of the associated deficiencies collected in the FCA software used during the work.The work of the CONSULTANT did not include preparation of repair strategies,work packages,design or assistance with procurement of contract vendors to accomplish repairs. ADDITIONAL SERVICES In review of the printed deliverable provided by the CONSULTANT, OWNER requested additional services to be provided. Additional services requested include a report formatted to the OWNER'S requested specifications which will include photos of the associated deficiencies collected during the rapid assessment. SCOPE CONSULTANT will deliver one comprehensive report for deficiencies identified during the rapid evaluation which were observed to be a result of damages caused by Hurricane Harvey.The report will include photos associated with the deficiencies.The report will be formatted per the OWNER'S specifications. CONSULTANT anticipates the need for one review of the draft deliverable report by the OWNER. CONSULTANT will review and correct comments by the OWNER to finalize the deliverable report. CONSULTANT will deliver the comprehensive report formatted to the OWNER'S specifications digitally (via email). A physical printed copy of the report delivered to the OWNER by the CONSULTANT is not included in the scope of work. FEE The proposed fee for additional services requested by OWNER is a lump sum of $7,500. All project related expenses anticipated during the provision of these services are included in the lump sum fee noted above. JP rom,AEA, LEED AP, PMP • Vice President,Team Leader March 16,2018. 217 Rock Prairie Road • Col ege S:ation.Texas NE45 .^ 979.7T8.100C • Fax 9/8.6930 78 ww,Nlen-inc.xn Resolution No. R2018-68 CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into on September 11, 2017, by and between the City of Pearland ("CITY") and Lockwood, Andrews &Newnam, Inc. (LAN) ("CONSULTANT"). The CITY engages the CONSULTANT to perform professional engineering services for the project known and described as Emergency Response for Public Assistance, Building Facilities ("PROJECT"). SECTION I -SERVICES OF THE CONSULTANT The CONSULTANT shall perform the following professional services to CITY standards and in accordance with the degree of care and skill that a professional in Texas would exercise under the same or similar circumstances: A. - The CONSULTANT shall provide Professional Services and technical support as Emergency Response for Public Assistance for Post Declaration Activities. B. The CONSULTANT has prepared and submitted a limited scope of work as shown in Attachment A and an Not to Exceed cost for the PROJECT, shown in Attachment B. CONSULTANT shall comply with Code of Federal Regulations, C.F.R. §200.236 and 2 C.F.R. Part 200, Appendix II, as shown in Attachment C, as applicable. C. The CONSULTANT acknowledges that the CITY (through its employee handbook) considers the following to be misconduct that is grounds for termination of a CITY employee: Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the CITY. The CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY employee to engage in such misconduct. D. The CONSULTANT recognizes that all documents or work product generated by the CONSULTANT under the CONTRACT shall be delivered to the CITY upon request, and shall subsequently become subject to the Open Records Laws of this State. E. The CONSULTANT shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons, damages to property, or any errors and omissions relating to the performance of any work by the CONSULTANT, its agents, employees or subcontractors under this Agreement, as follows: (1) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. Professional Services 1 of 5 PS.Revised 5/14 • Certificates of Insurance and endorsements shall be furnished to the CITY before work commences. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, and/or reduced in coverage or in limits ("Change in Coverage") except with prior written consent of the CITY and only after the CITY has been provided with written notice of such Change in Coverage, such notice to be sent to the CITY either by hand delivery to the City Manager or by certified mail, return receipt requested, and received by the City no fewer than thirty (30) days prior to the effective date of such Change in Coverage. Prior to commencing services under this CONTRACT, CONSULTANT shall furnish CITY with Certificates of Insurance, or formal endorsements as required by this CONTRACT, issued by CONSULTANT'S insurer(s), as evidence that policies providing the required coverage, conditions, and limits required by this CONTRACT are in full force and effect. F. The CONSULTANT shall indemnify and hold the CITY, its officers, agents, and employees, harmless from any claim, loss, damage, suit, and liability of every kind for which CONSULTANT is legally liable, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for damage to any property, or errors in design, any of which are caused by the negligent act or omission of the CONSULTANT, his officers, employees, agents, or subcontractors under this CONTRACT. H. All parties intend that the CONSULTANT, in performing services pursuant to this CONTRACT, shall act as an independent contractor and shall have control of its own work and the manner in which it is performed. The CONSULTANT is not to be considered an agent or employee of the CITY. SECTION II-PERIOD OF SERVICE This CONTRACT will be binding upon execution. CONSULTANT shall proceed with performance of professional services defined as Emergency Response for Public Assistance for Post Declaration Activities and proposes to complete the scope of work within(15) fifteen calendar days. SECTION III -CONSULTANT'S COMPENSATION A. Total compensation for the services performed shall not exceed $49,850.00for the subject project. See Attachment A for cost breakdown. B. The CITY shall pay the CONSULTANT based upon required deliverables and supported by detailed invoices submitted by the CONSULTANT. • Professional Services 2 of 5 PS.Revised May/14 C. The CITY shall make any required payment to the CONSULTANT within thirty (30) days of receipt and approval of a detailed invoice. Invoices shall be submitted on the basis of completion or identified milestones. SECTION IV-THE CITY'S RESPONSIBILITIES A. The CITY shall designate a project manager during the term of this CONTRACT. The project manager has the authority to administer this CONTRACT and shall monitor compliance with all terms and conditions stated herein. All requests for information from or a decision by the CITY on any aspect of the work shall be directed to the project manager. B. The CITY shall review submittals by the CONSULTANT and provide prompt response to questions and rendering of decisions pertaining thereto, to minimize delay in the progress of the CONSULTANT'S work. The CITY will keep the CONSULTANT advised concerning the progress of the CITY'S review of the work. The CONSULTANT agrees that the CITY'S inspection, review, acceptance or approval of CONSULTANT'S work shall not relieve CONSULTANT'S responsibility for errors or omissions of the CONSULTANT or its sub-consultant(s) or in any way affect the CONSULTANT'S status as an independent contractor of the CITY. SECTION V-TERMINATION A. The CITY, at its sole discretion, may terminate this CONTRACT for any reason - - with or without cause -- by delivering written notice to CONSULTANT personally or by certified mail at 2925 Briarpark Dr., Suite 400, Houston, TX 77042. Immediately after receiving such written notice, the CONSULTANT shall discontinue providing the services under this CONTRACT. B. If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT, entirely or partially completed, together with all unused materials supplied by the CITY on or before the 15th day following termination of the CONTRACT. C. In the event of such termination, the CONSULTANT shall be paid for services performed prior to receipt of the written notice of termination. The CITY shall make final payment within sixty(60) days after the CONSULTANT has delivered to the CITY a detailed invoice for services rendered and the documents or work product generated by the CONSULTANT under the CONTRACT. D. If the remuneration scheduled under this contract is based upon a fixed fee or definitely ascertainable sum, the portion of such sum payable shall be proportionate to the percentage of services completed by the CONSULTANT based upon the scope of work. Professional Services 3 of 5 PS.Revised May/14 E. In the event this CONTRACT is terminated, the CITY shall have the option of completing the work, or entering into a CONTRACT with another party for the completion of the work. F. If the CITY terminates this CONTRACT for cause and/or if the CONSULTANT breaches any provision of this CONTRACT, then the CITY shall have all rights and remedies in law and/or equity against CONSULTANT. Venue for any action or dispute arising out of or relating to this CONTRACT shall be in Brazoria County, Texas. The laws of the State of Texas shall govern the terms of this CONTRACT. The prevailing party in the action shall be entitled to recover its actual damages with interest, attorney's fees, costs and expenses incurred in connection with the dispute and/or action. CONSULTANT and CITY desire an expeditious means to resolve any disputes that may arise between under this CONTRACT. To accomplish this, the parties agree to mediation as follows: If a dispute arises out of or relates to this CONTRACT, or the breach thereof, and if the dispute cannot be settled through negotiation, then the parties agree first to try in good faith, and before pursuing any legal remedies, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. SECTION VI—ENTIRE AGREEMENT This CONTRACT represents the entire agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or contracts, either written or oral. This CONTRACT may be amended only by written instrument signed by both parties. SECTION VII—COVENANT AGAINST CONTINGENT FEES The CONSULTANT affirms that he has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT to solicit or secure this CONTRACT, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of the CONTRACT. For breach or violation of this clause, the CITY may terminate this CONTRACT without liability and in its discretion, may deduct from the CONTRACT price or consideration, or otherwise recover, the full amount of such fee, commission, percentage brokerage fee, gift, or contingent fee that has been paid. Professional Services 4 of 5 PS.Revised May/14 SECTION VIII-SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto. The parties have executed this CONTRACT this I I th day of September,2017. CIT 0 ' PFARLAND TEXAS • • • ))NSULTANT—Lockwood,Andrews &Newnam, • • 1 Professional Services 5 of.5 PS.Revised May/14 Attachment A Facility Condition Assessment Services Hurricane Harvey Recovery Lockwood, Andrews & Newnam, Inc. (CONSULTANT) will perform a Facility Condition Assessment (FCA) for the City of Pearland (OWNER). The assessment will initiate with a rapid evaluation of OWNER assets in order to identify the need and prioritization of detailed evaluation. The assessment will endeavor to identify building deficiencies resulting exclusively from Hurricane Harvey,the recommended repair scope for identified deficiencies, and cost for identified deficiencies. The work of the CONSULTANT does not include preparation of repair strategies,work packages,design or assistance with procurement of contract vendors to accomplish repairs. 1 DESCRIPTION OF CONSULTANT SERVICES 1.1 Facility Condition Assessment 1•.1.1 Purchase license for VFA.facility software. License will transfer to the OWNER at project completion for an annual subscription basis. Software purchase license is a reimbursable expense and is not counted as a cost of basic services. 1.1.2 Perform rapid evaluation of OWNER assets in order to identify need and prioritization of scope • for detailed evaluation of specific assets in OWNER inventory 1.1.3 Compile electronic database within assessment software"VFA.facility": 1.1.3.1 Categorize deficiencies; energy conservation, code compliance, functionality, life safety and service life 1.1.3.2 Photos of critical deficiencies embedded in the report and software 1.1.3.3 Cost summary for noted deficiencies by system type, by building, by location and by importance factor 1.1.3.4 Identify remaining useful life 1.1.4 Detailed evaluation of specific assets in OWNER inventory will follow after rapid evaluation. In the scope of the more detailed evaluation,for identified deficiencies,CONSULTANT will prepare estimated cost to repair or replace with same system, like for like 1.1.5 Conduct on site process meeting with OWNER and CONSULTANT 1.1.6 Provide written electronic(PDF) report from VFA.facility containing: 1.1.6.1 Asset Detail Report. Report capturing the summarized list of the deficiencies found in an asset. 1.1.6.1.1 Cover page summary synopsis 1.1.6.1.2 Summarized list indicating: Page 1of10 1.1.6.1.2.1 Requirement name 1.1.6.1.2.2 System description 1.1.6.1.2.3 Category of deficiency 1.1.6.1.2.4 Priority 1.1.6.1.2.5 Action date 1.1.6.1.2.6 Estimated cost 1.1.6.2 System Detail Report. Report organized by building system type summarizing the identified deficiencies 1.1.6.2.1 Cover page summary synopsis 1.1.6.2.2 Photo(s) 1.1.6.2.3 Description of the work 1.1.6.2.4 Quantity • 1.1.6.2.5 Unit cost 1.1.6.2.6 Unit 1.1.6.2.7 Total cost 1.1.6.3 Requirement Detail Report. Report organized by building and then by the type of deficiency. Detailed description of the deficiency 1.1.6.3.1 Cover page summary synopsis 1.1.6.3.2 Photo(s) 1.1.6.3.3 Description of the work 1.1.6.3.4 Quantity 1.1.6.3.5 Unit cost 1.1.6.3.6 Unit 1.1.6.3.7 Total cost 1.1.6.4 Asset Photographs 1.1.7 Conduct the detailed evaluation(assessment)of the following systems,according to the building inventory exhibit, based upon resultant scope following rapid evaluation of OWNER assets: 1.1.7.1 Mechanical 1.1.7.1.1 Chillers 1.1.7.1.2 Boilers 1.1.7.1.3 Air Handlers 1.1.7.1.4 Hydronic pumps 1.1.7.1.5 Cooling towers 1.1.7.1.6 Condensing units 1.1.7.2 Electrical 1.1.7.2.1 Lighting 1.1.7.2.2 Receptacles 1.1.7.2.3 Panel boards Page 2 of 10 1.1.7.2.4 Service gear 1.1.7.2.5 Transformers 1.1.7.3 Plumbing 1.1.7.3.1 Water closets 1.1.7.3.2 Urinals 1.1.7.3.3 Lavatories 1.1.7.3.4 Sinks 1.1.7.3.5 Mop sinks 1.1.7.3.6 Water heaters 1.1.7.4 Roofing 1.1.7.5 Interiors 1.1.7.5.1 Interior partitions 1.1.7.5.2 Doors 1.1.7.5.3 Flooring 1.1.7.5.4 Ceilings 1.1.7.5.5 Vestibules '1.1.7.5.6 Insulation (Where visible) 1.1.7.6 Building envelope 1.1.7.6.1 Masonry 1.1.7.6.2 EIFS 1.1.7.6.3 Metal panels 1.1.7.6.4 Windows 1.1.7.7 Structural 1.1.7.7.1 Visual defects in the building envelope or foundation 1.1.7.8 Site and civil 1.1.7.8.1 Fencing 1.1.7.8.2 Drainage 1.1.7.8.3 Paving 1.1.7.9 Fire alarm and fire sprinkler system 1.1.7.10 Data and technology systems 1.1.7.10.1 Receptacles 1.1.7.10.2 Switches 1.1.7.10.3 Routers 1.1.7.10.4 Servers 1.1.7.11 Building automation controls Page 3 of 10 1.2 Excluded Services 1.2.1 Assessment of building square footage in excess of Article 5 BUILDING INVENTORY. 1.2.2 Identification of deficiencies not deemed to be the result of Hurricane Harvey 1.2.3 Detailed evaluation of building systems beyond the scope identified during rapid evaluation process 1.2.4 Assessment of concealed conditions 1.2.5 Assessment of above ceiling spaces, enclosed spaces, or locations requiring special equipment not owned by the CONSULTANT or where special knowledge is required. 1.2.6 Preparation of strategies to accomplish the repair work noted by the CONSULTANT 1.2.7 Development of design options and modernized systems for noted deficiencies. Assessment will record like for like correction of deficiencies. 1.2.8 End-user technology assessment 1.2.8.1 Projectors 1.2.8.2 Display boards 1.2.8.3 Computers 1.2.8.4 Tablets 1.2.8.5 Sound reinforcing system 1.2.8.6 Telephone 1.2.9 Assessment of lightning protection systems 1.2.10 Destructive testing 1.2.11 Presentation of the findings of the assessment to the OWNER in public meeting 1.2.12 Provide draft and preliminary Program of Requirements(POR)for facility projects,working with Administration, Faculty/Staff and Committees. 1.2.13 Third-party roofing assessment 1.2.13.1 Curbs 1.2.13.2 Flashing 1.2.13.3 Penetrations 1.2.13.4 Hoods 1.2.13.5 Pans 1.2.13.6 Drains, 1.2.13.7 Coping 1.2.14 Third party fire alarm and fire sprinkler system 1.2.14.1 Assess smoke detectors 1.2.14.2 Fire extinguishers 1.2.14.3 Fire strobes and horns 1.2.14.4 Pull boxes 1.2.14.5 Exit signage 1.2.14.6 Fire sprinkler functional test 1.2.14.7 Code compliance of service tree(valves, backflow,gauges, alarms) 1.2.14.8 Code compliance of heads and coverage areas 2 PAYMENTS TO THE CONSULTANT 2.1 OWNER shall pay CONSULTANT for Basic Services, identified in Article 1 "Description of CONSULTANT's Services" of this Work Authorization, as follows: 2.1.1 Hourly, in an amount equal to CONSULTANT'S direct labor cost times a factor of 3.35. Direct Page 4 of 10 Labor Cost means salaries and wages(basic,premium and incentive) paid to personnel,but does not include indirect payroll related costs or fringe benefits. 2.1.1.1 CONSULTANT'S estimate of the amount that will become payable for basic services pursuant to Article 1 inclusive is Forty-two thousand three hundred fifty dollars and zero cents($42,350.00). This amount is only an estimate for planning purposes, is not binding on the parties and is not the maximum amount payable to CONSULTANT for basic services under this agreement. Notwithstanding the fact that the estimated amount for basic services is exceeded, CONSULTANT shall receive compensation for fall basic services furnished or performed under this agreement,calculated as set forth in paragraphs 2.1.1 above. Costs are calculated as shown below: City of Pearland Hurricane Harvey Assessment Cost Summary Planned Cost Hrs Plan Number: City of Pearland Hurricane Harvey Assessment Assessment and Reporting Labor 232.00 42,350.00 Team Leader 8.00 2,328.00 Project Manager 24.00 3,822.00 M/E/P Assessor 50.00 8,543.75 Architectural Assessor 50.00 6,031.25 Sr.Architectural Assessor 50.00 11,262.50 Structural/Civil Assessor 50.00 10,362.50 Expense 7,500.00 Reimbursables Miscellaneous 7,500.00 Consultant Total for Assessment and Reporting 232.00 49,850.00 Final Totals 232.00 $49,850.00 2.1.1.2 If it becomes apparent to CONSULTANT at any time before basic services to be performed or furnished under this agreement are about eig ty percent completed that the total amount of compensation to be paid to CONSULTANT on account of basic services will exceed CONSULTANT'S estimated amount for such services set forth above which is applicable to the services performed or furnished, CONSULTANT shall give OWNER written notice thereof. Promptly thereafter OWNER and CONSULTANT shall review the matter of compensation for such basic services, and either OWNER shall accede to such compensation exceeding said estimated amounts or OWNER and CONSULTANT shall agree to a reduction in the remaining services to be rendered by CONSULTANT under this agreement so that total compensation for such basic services will not exceed said estimated amount when such services are completed. The CONSULTANT shall be paid for all services rendered if CONSULTANT exceeds the estimated amount before OWNER and CONSULTANT have agreed to an increase in the compensation due to CONSULTANT or a reduction in the remaining services. Page 5 of 10 2.1.2 For Additional Services. OWNER shall pay CONSULTANT for Additional Services as follows: 2.1.2.1 For services of CONSULTANT'S principals and employees engaged directly on the Project performed or furnished, an amount equal to CONSULTANT'S direct labor cost times a factor of 3.35. Direct Labor Cost means salaries and wages (basic, premium and incentive) paid to personnel, but does not include indirect.payroll related costs or fringe benefits. 2.1.2.2 CONSULTANT'S Consultants. For services of CONSULTANT'S Consultants performed or furnished,the amount billed to CONSULTANT therefor times a factor of one point zero(1.0). 2.1.2.3 Serving as a Witness. For services performed by CONSULTANT'S principals and employees as consultants or witnesses in any litigation,arbitration or other legal or administrative proceeding, at the rate of $1,800.00 per day, or any portion therof (but compensation for time spent in preparing to appear in any such litigation,arbitration or proceeding will be on the basis provided in paragraph 2.1.2.1). For CONSULTANT'S Consultants for such services will be on the basis provided in paragraph 2.1.2.1. 2.1.3 For Reimbursable Expenses. 2.1.3.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the CONSULTANT and the CONSULTANT's consultants directly related to the Program, as follows: 2.1.3.1.1 Facility Condition Assessment Software 2.1.3.1.2 Transportation and authorized out-of-town travel and subsistence; 2.1.3.1.3 Long distance services, dedicated data and communication services,teleconferences; 2.1.3.1.4 Fees paid for securing approval of authorities having jurisdiction over the projects; 2.1.3.1.5 Fees paid for testing,surveys or other data obtained at the request of the Owner; 2.1.3.1.6 Printing, reproductions, plots,standard form documents; 2.1.3.1.7 Postage, handling and delivery; 2.1.3.1.8 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; 2.1.3.1.9 Professional photography and presentation materials requested by the Owner; 2.1.3.1.10 CONSULTANT's sub-consultants' expense of professional liability insurance dedicated exclusively to this Program,or the expense of additional insurance coverage or limits if the Owner requests such insurance in excess of that normally carried by the CONSULTANT's consultants; 2.1.3.1.11 All taxes levied on professional services and on reimbursable expenses; 2.1.3.1.12 Other similar Program-related expenditures. 2.2 Other Provisions Concerning Payments. 2.2.1 Preparation of Invoices. The amount billed for ENGINEER's services will be based on the Direct Labor Cost(multiplied by a factor, if any,as stated above) incurred at the time of billing. 2.2.2 Payments Upon Termination. 2.2.2.1 In the event of termination during any phase of the Basic Services,CONSULTANT will be paid for services performed or furnished in accordance with this Agreement during that phase on the basis of CONSULTANT'S Hourly Rates for services performed or furnished during that phase to date of termination by CONSULTANT'S principals and employees engaged directly on the Project plus reasonable sums for demobilization of the project. Page 6of10 3 MISCELANEOUS PROVISIONS 3.1 Opinions of Cost 3.1.1 CONSULTANT'S opinions of probable Construction Cost provided for herein are to be made on the basis of CONSULTANT'S experience and qualifications and represent CONSULTANT'S best judgment as an experienced and qualified professional generally familiar with the construction industry. However, since CONSULTANT has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor's methods of determining prices, or over competitive bidding or market conditions, CONSULTANT cannot and does not guarantee that proposals, bids or actual Construction Cost will not vary from opinions of probable Construction Cost prepared by CONSULTANT. If OWNER wishes greater assurance as to probable Construction Cost, OWNER shall employ an independent cost estimator. 3.2 Owner Responsibilities 3.2.1 Identify a representative authorized to act on the OWNER'S behalf with respect to the Project. The OWNER shall render decisions in a timely manner inorder to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT'S services. 3.2.2 Furnish tests, inspections, and reports required by law or the Project, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. 3.2.3 Furnish all legal, insurance,financing, and accounting services, including auditing services,that may be reasonably necessary at any timefor the Project to meet the OWNER's needs and interests. 3.2.4 Provide the CONSULTANT access to the Project site and other facilities under the OWNER's control and associated with the Project.The OWNER shall obligate its contractors to provide the CONSULTANT access to the Project site wherever Work is in preparation or progress. 3.2.5 The OWNER agrees not to solicit or hire the CONSULTANT's employees who are involved with the Project prior to one year after completion of the Project. 3.2.6 Permit the CONSULTANT_to include photographs, videos and audio of the Project among the CONSULTANT's promotional and professional materials. 3.2.7 Receive from the CONSULTANT reports of findings described in section 1 Description of CONSULTANT services and prepare strategies to accomplish the repair work. 3.2.8 Provide plans of existing buildings (CAD, digital prints or paper copies) 4 SCHEDULE FOR PERFORMANCE OF THE SERVICES 4.1 Commencement and completion date: The compensation identified in this Work Authorization is based on: 4.1.1 Completion of on-site Assessment by 5-working days from notice to proceed 4.1.2 . Completion of deficiency report by 15-working days from notice to proceed 4.2 The Notice to Proceed with services shall be no sooner than the date this Work Authorization is • fully executed by the parties and received in the CONSULTANT'S office. Should the duration of CONSULTANT'S services be required to extend beyond the completion date due to factors beyond the control of CONSULTANT,additional compensation shall become due as described in article 2.1.2. j Page 7 of 10 5 BUILDING INVENTORY { Approximate Building Name Street Address Square Footage Animal Control 2002 Old Alvin Rd 4,025 City Hall 3519 Liberty Dr - 28,000 Community Center/Annex 3523 Liberty Dr 21,000 Fire Administration 2703 Veterans Dr 6,800 Pearland Library 3522 Liberty Dr 19,600 Melvin Knapp Senior Center 2424 South Park Ave 13,500 Parks Maintenance Bldg 3509 East Orange 1,480 Public Works Service Center 3501 East Orange 8,200 Public Works Satellite Service Center 2559 Hillhouse Rd 5,000 Westside Events Center 2150 Country Place Pkwy 6,500 Westside Library 2803 Business Center Dr 6,000 Fire Station#1 2020 Old Alvin Rd 3,400 New Fire Station#2 6050 Fite Rd 10,000 Fire Station#3 3207 Yost 10,000 Fire Station#4 • 8333 Freedom Dr 4,000 Fire Station#5 3100 Kirby 6,000 Recreation Center& Natatorium 4141 Bailey Rd 110,000 Public Safety Building 2555 Cullen Parkway 90,000 353,505 Page 8 of 10 CONSULTANT: Lockwood,Andrews& Newnam,Inc. 2925 Briarpark Dr.,Suite 400. Houston,Texas 77042 By: . ' ' - .'aim on September 9,2017 Printed Name:John P. Grom Title:Vice President,Team Leader Page 9of10 Attachment B Facility Condition Assessment Services Hurricane,Harvey Recovery City of Pearland Hurricane Harvey Assessment Cost Summary Planned Cost Hrs Plan Number: City of Pearland Hurricane Harvey Assessment Assessment and Reporting Labor 232.00 42,350.00 Team Leader 8.00 2,328.00 Project Manager 24.00 3,822.00 M/E/P Assessor 50.00 8,543.75 Architectural Assessor 50.00 6,031.25 Sr.Architectural Assessor 50.00 11,262.50 Structural/Civil Assessor 50.00 10,362.50 Expense - 7,500.00 Reimbursables Miscellaneous 7,500.00 Consultant Total for Assessment and Reporting 232.00 49,850.00 Final Totals 232.00 $49,850.00 If it becomes apparent to CONSULTANT at any time before basic services to be performed or furnished under this agreement are about eighty percent completed that the total amount of compensation to be paid to CONSULTANT on account of basic services will exceed CONSULTANT'S estimated amount for such services setforth above which is applicable to the services performed or furnished, CONSULTANT shall give OWNER written_notice thereof. Promptly thereafter OWNER and CONSULTANT shall review the matter of compensation for such basic services, and either OWNER shall accede to such compensation exceeding said estimated amounts or OWNER and CONSULTANT shall agree to a reduction in the remaining services to be rendered by CONSULTANT under this agreement so that total compensation for such basic services will not exceed said estimated amount when such services are completed. The CONSULTANT shall be paid for all services rendered if CONSULTANT exceeds the estimated amount before OWNER and CONSULTANT have agreed to an increase in the compensation due to CONSULTANT or a reduction in the remaining services. ATTACHMENT C Current as of1-9-17 2 C.F.R. 200.326 and 2 C.F.R:Part 200, Appendix II,Required Contract Clauses Requirements under the Uniform Rules. A non-Federal entity's contracts must contain the applicable contract clauses described in Appendix II to the Uniform Rules(Contract Provisions for non-Federal Entity Contracts Under Federal Awards),which are set forth below. 2 C.F.R. § 200.326. For some of the required clauses we have included sample language or a reference a non-Federal entity can go to in order to find sample language. Please be aware that this is sample language only and that the non-Federal entity alone is responsible ensuring that all language included in their contracts meets the requirements of 2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II.We do not include sample language for certain required clauses (remedies,termination for cause and convenience, changes) as these must necessarily be written based on the non-Federal entity's own procedures in that area. 1. Remedies. a. Standard: Contracts for more than the simplified acquisition threshold($150,000) must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. See 2 C.F.R. Part 200,Appendix II,¶ A. b. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs. 2. Termination for Cause andConvenience. a. All contracts in excess of$10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. See 2 C.F.R. Part 200, Appendix II,¶B. b. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs. 3. Equal Employment Opportunity. a. Standard. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of"federally assisted construction contract"in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4(b), in accordance with Executive Order 11246,Equal Employment Opportunity(30 Fed.Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp.,p. 339), as amended by Executive Order 11375,Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II,¶C. b. Key Definitions. 1 • Current as of1-9-17 (1) Federally Assisted Construction Contract. The regulation at 41 C.F.R. § 60-1.3 defines a"federally assisted construction contract" as any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the Government pursuant to any Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, or any application or modification thereof approved by the Government for a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work. (2) Construction Work. The regulation at 41 C.F.R. § 60-1.3 defines "construction work" as the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction. c. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs. d. The regulation at 41 C.F.R.Part 60-1.4(b)requires the insertion of fthe following contract clause: "During the performance of this contract,the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color,religion, sex,or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color,religion, sex, or national origin. Such action shall include,but not be limited to the following: Employment,upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment,notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race,color,religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers'representatives of the contractor's commitments under this section, 2 Current as of1-947 and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules,regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor,or pursuant thereto,and will permit access to his books,records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,regulations,and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of • September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,regulation, or order of the Secretary of Labor, or as otherwise provided bylaw. (7) The contractor will include the portion of the sentence immediately preceding paragraph(1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules,regulations,or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided,however, That in the event a contractor becomes involved in,or is threatened with,litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States." 4. Davis Bacon Act and Copeland Anti-KickbackAct. a. Applicability of Davis-Bacon Act. The Davis-Bacon Act only applies to the emergency Management Preparedness Grant Program,Homeland Security Grant Program,Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program, and Transit Security Grant Program. It does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program. b. All prime construction contracts in excess of$2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act(40 3 Current as of 1-9-17 U.S.C. §§ 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations at 29 C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction)). See 2 C.F.R. Part 200, Appendix II,¶D. c. In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once aweek. d. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. e. In contracts subject to the Davis-Bacon Act, the contracts must also include a provision for compliance with the Copeland"Anti-Kickback"Act(40 U.S.C. § 3145), as supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States). The Copeland Anti- Kickback Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to FEMA. f The regulation at 29 C.F.R. § 5.5(a) does provide the required contract clause that applies to compliance with both the Davis-Bacon and Copeland Acts. However, as discussed in the previous subsection,the Davis-Bacon Act does not apply to Public Assistance recipients and subrecipients. In situations where the Davis-Bacon Act does not apply, neither does the Copeland "Anti-Kickback Act."However, for purposes of grant programs where both clauses do apply, FEMA requires the following contract clause: "Compliance with the Copeland"Anti-Kickback"Act. (1) Contractor. The contractor shall comply with 18 U.S.C. § 874,40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable,which are incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. 4 Current as of1-9-17 (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §5.12." 5. Contract Work Hours and SafetyStandards Act. a. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs. b. Where applicable (see 40 U.S.C. § 3701), all contracts awarded by the non-Federal entity in excess of$100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part 200,Appendix II,¶E. c. Under 40 U.S.C. § 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. d. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. e. The regulation at 29 C.F.R. § 5.5(b)provides the required contract clause concerning compliance with the Contract Work Hours and Safety Standards Act: "Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shallbe liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work 5 Current as of1-9-17 done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph(1) of this section, in the sum of$10 foreach calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The(write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1)through(4) of this section." 6. Rights to Inventions Made Under a Contract or Agreement. a. Stafford Act Disaster Grants. This requirement does not apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households—Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of"funding agreement." b. If the FEMA award meets the definition of"funding agreement"under 37 C.F.R. § 401.2(a)and the non-Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that"funding agreement,"the non-Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by 6 Current as of 1-9-17 FEMA. See 2 C.F.R. Part 200, Appendix II,¶F. c. The regulation at 37 C.F.R. § 401.2(a) currently defines "funding agreement" as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the perfoiniance of experimental, developmental, or research work funded in whole • or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph. 7. Clean Air Act and the Federal Water Pollution Control Act. Contracts of amounts in excess of$150,000 must contain a provision that requires the contractor to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act(42 U.S.C. §§ 7401-7671q) and the Federal Water Pollution Control Act as amended(33 U.S.C. §§ 1251-1387). Violations must be reported to FEMA and the Regional Office of the Environmental Protection Agency. See 2 C.F.R. Part 200,Appendix II,¶ G. a. The following provides a sample contract clause concerning compliance for contracts of amounts in excess of$150,000: "Clean Air Act (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended,42 U.S.C. § 7401 et seq. (2) The contractor agrees to report each violation to the (name of the state agency or local or Indian tribal government) and understands and agrees that the(name of the state agency or local or Indian tribal government) will, in turn, report each violation as required to assure notification to the (name of recipient), Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding$150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act (1) The contractor agrees to comply with all applicable standards,orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. ' (2) The contractor agrees to report each violation to the (name of the state agency or local or Indian tribal government) and understands and agrees that the (name of the state agency or local or Indian tribal 7 Current as of 1-9-17 • government)will, in turn,report each violation as required to assure notification to the (name of recipient), Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding$150,000 financed in whole or in partwith Federal assistance provided by FEMA." 8. Debarment and Suspension. a. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs. b. Non-federal entities and contractors are subject to the debarment and suspension regulations implementing Executive Order 12549,Debarment and Suspension (1986) and Executive Order 12689,Debarment and Suspension(1989)at 2 C.F.R. Part 180 and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and Suspension). c. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs and activities. See 2 C.F.R. Part 200, Appendix II,¶H; and Procurement Guidance for Recipients and Subrecipients Under 2 C.F.R. Part 200 (Uniform Rules): Supplement to the Public Assistance Procurement Disaster Assistance Team (PDAT)Field Manual Chapter IV,¶6.d, and Appendix C,¶2 [hereinafter PDAT Supplement]. A contract award must not be made to parties listed in the SAM Exclusions. SAM Exclusions is the list maintained by the General Services Administration that contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at www.sam.gov. See 2 C.F.R. § 180.530;PDAT Supplement, Chapter IV,¶6.d and Appendix C,112. d. In general, an"excluded"party cannot receive a Federal grant award or a contract within the meaning of a"covered transaction,"to include subawards and subcontracts. This includes parties that receive Federal funding indirectly, such as contractors to recipients and subrecipients. The key to the exclusion is whether there is a"covered transaction,"which is any nonprocurement transaction(unless excepted) at either a"primary" or"secondary"tier. Although "covered transactions" do not include"contracts awarded by the Federal Government for purposes of the nonprocurement common rule and DHS's implementing regulations, it does include some contracts awarded by recipients and subrecipient. e. Specifically, a covered transaction includes the following contracts for goods or services: 8 Current as of1-9-17 (1) The contract is awarded by a recipient or subrecipient in the amount of at least$25,000. (2) The contract requires the approval of FEMA,regardless of amount. (3) The contract is for federally-required audit services. (4) A subcontract is also a covered transaction if it is awarded by the contractor of a recipient or subrecipient and requires either the approval of FEMA or is in excess of$25,000. d. The following provides a debarment and suspension clause.It incorporates an optional method of verifying that contractors are not excluded or disqualified: "Suspension and Debarment (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R.pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined'at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded(defined at 2 C.F.R. § 180.940) or disqualified(defined at 2C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R.pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by (insert name of subrecipient). If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to (name of state agency serving as recipient and name of subrecipient), the Federal Government - may pursue available remedies, including but not limited to suspension and/or debarment (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R.pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions." 9. Byrd Anti-Lobbying Amendment. a. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs. b. Contractors that apply or bid for an award of$100,000 or more must file the required certification. See 2 C.F.R. Part 200, Appendix 11,111; 44 C.F.R. Part 18; PDAT Supplement, Chapter IV, 6.c; Appendix C,¶4. c. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or 9 Current as of 1-9-17 attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. See PDAT Supplement, Chapter IV,¶6.c and Appendix C,¶4. d. The following provides a Byrd Anti-Lobbying contract clause: "Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352(as amended) Contractors who apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." APPENDIX A,44 C.F.R. PART 18—CERTIFICATION REGARDING LOBBYING Certification for Contracts,Grants,Loans,and Cooperative Agreements (To be submitted with each bid or offer exceeding$100,000) The undersigned[Contractor] certifies,to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,grant,loan, or 10 Current as of 1-9-17 cooperative agreement,the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certifyand disclose accordingly. , This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31,U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. The Contractor, , certifies or affirms the truthfulness and accuracyof each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date" 10. Procurement of Recovered Materials. a. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs. b. A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L.No. 89-272 (1965) (codified as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962). See 2 C.F.R. Part 200, Appendix II,¶J; 2 C.F.R. § 200.322;PDAT Supplement, Chapter V,¶7. c. The requirements of Section 6002 include procuring only items designated in guidelines of the EPA at 40 C.F.R.Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of 11 Current as of 1-9-17 competition,where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded$10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. d. The following provides the clause that a state agency or agency of a political subdivision of a state and its contractors can include in contracts meeting the above contract thresholds: "(1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement, along with the list of EPA- designate items, is available at EPA's Comprehensive Procurement Guidelines website,https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program." 11. Additional FEMA Requirements. a. The Uniform Rules authorize FEMA to require additional provisions for non- Federal entity contracts. FEMA,pursuant to this authority, requires or recommends the following: b. Changes. To be eligible for FEMA assistance under the non-Federal entity's FEMA grant or cooperative agreement, the cost of the change, modification, change order, or constructive change must be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope. FEMA recommends, therefore, that a non-Federal entity include a changes clause in its contract that describes how, if at all, changes can be made by either party to alter the method,price, or schedule of the work without breaching the contract. The language of the clause may differ depending on,the nature of the contract and the end-item procured. c. Access to Records. All non-Federal entities must place into their contracts a provision that all contractors and their successors,transferees,assignees,and subcontractors acknowledge and 12 Current as of 1-9-17 • agree to comply with applicable provisions governing Department and FEMA access to records, accounts, documents, infoimation, facilities, and staff. See DHS Standard Terms and Conditions, v 3.0,¶XXVI(2013). d. The following provides a contract clause regarding access to records: "Access to Records. The following access to records requirements apply to this contract: (1) The contractor agrees to provide(insert name of state agency or local or Indian tribal government), (insert name of recipient), the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives.access to any books, documents,papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to • reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract." 12. DHS Seal, Logo, and Flags. a. All non-Federal entities must place in their contracts a provision that a contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. See DHS Standard Terms and Conditions, v 3.0,¶XXV(2013). b. The following provides a contract clause regarding DHS Seal, Logo, and Flags: "The contractor shall not use the DHS seal(s),logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval." 13. Compliance with Federal Law,Regulations, and Executive Orders. a. All non-Federal entities must place into their contracts an acknowledgement that FEMA financial assistance will be used to fund the contract along with the requirement that the contractor will comply with all applicable federal law, regulations,executive orders, and FEMA policies,procedures,and directives. b. The following provides a contract clause regarding Compliance with Federal Law, Regulations, and Executive Orders: "This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The contractor 13 Current as of1-9-17 will comply will all applicable federal law,regulations,executive orders,FEMA policies,procedures, and directives." 14. No Obligation by Federal Government. a. The non-Federal entity must include a provision in its contract that states that the Federal Government is not a party to the contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. b. The following provides a contract clause regarding no obligation by the Federal Government: "The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract." 15. Program Fraud and False or Fraudulent Statements or Related Acts. a. The non-Federal entity must include a provision in its contract that the contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for.False Claims and Statements)applies to its actions pertaining to the contract. b. The following provides a contract clause regarding Fraud and False or Fraudulent or Related Acts: "The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract." 14 City of Pearland ktp a4, - 3519 Liberty Drive Pearland,Texas 77581 1.pr Altai Amn .4 44 Itiulto Tel' 281.652.1900 7 t pearlandtx.gov September 19, 2017 NOTICE TO PROCEED FOR EMERGENCY RELATED PROFESSIONAL SERVICES Mr. John Gram, Lockwood Andrews & Newnam, Inc: 217 Rock prairie Rd. College Station, TX, 77.845 RE: NOTICE TO PROCEED— Hurricane Harvey August 2017 Emergency Response for Public Assistance— DR4332 i Dear Mr. Grom, The City of Pearland, Texas hereby gives Lockwood Andrews & Newnam,Inc. a Notice to Proceed, effective September 11, 2017, for mobilization of personnel to assist with emergency response disaster inspection, assessment, documentation and risk mitigation services associated the City of Pearland Facilities as a result of the recent August 2017 Hurricane Harvey. On the basis of this action, you are authorized to proceed in accordance with the terms and conditions of this agreement. A purchase order has been issued: 2017—00001936, in the amount of$49,850.00. Please note"Hurricane Harvey - Emergency Response for Public Assistance"on all correspondence and invoices. This Notice to Proceed is hereby given and accepted by the signatures below. If you have any questions regarding this communication or the instructions it contains, please • contact me at 281-652-1797 or abrinkley@pearlandtx.gov Sincerely, Assistant Director Public Works City of Pearland Accepted by: Lockwood Andrews &Newnam, Inc. ay: ,. Na _ Tit - I s,.=_, Date. --f:u'l slit • Bill To Ship To City of Pearland Accounts Payable 3501 East Orange St Reprint Purchase Order P.O. Box2719 PEARLAND, TX 77581 No.2017-00001912 Pearland, TX 77588-2719 09/14/17 Vendor Lockwood, Andrews & Newnam, Inc Vendor No. 10102 Deliver by Contact Ship Via Missy Quilizapa Freight Terms 2925 Briarpark Drive, Suite 400 Originator Kimberly Hall HOUSTON, TX 77042 Resolution Number Special Instructions ''Quantity U/M Description ' Unit Cost Total Cost 1.0000 EACH Engineering Services>$5,000 $49,850.0000 $49,850.00 Item Description EMERGENCY RESPONSE FOR PUBLIC ASSISTANCE,BUILDING FACILITIES Total Due I $49,850.00 I Purchase Order Terms & Conditions 1.Acceptance:Acceptance of this order must be without qualifications. Buyer hereby objects to and will not be bound by any different or additional terms and conditions contained in the acceptance unless each such different or additional term is expressly agreed to in writing by city.Vendors action in (a)accepting this order, (b)delivering materials, or(c) performing services called for hereunder shall constitute an acceptance of terms and conditions below on this order. 2. Contractual Relationship: Vendor shall perform the work described independently and not as an employee of the city.The city has no right to supervise, direct, or control the Vendor or the Vendor's officers or employees in the means, methods, or details of the work to be performed by Vendor.The city and Vendor agree that the work performed is not inherently dangerous, that Vendor will perform the work in a workmanlike manner, and that Vendor will take proper care and precautions to ensure the safety of Vendor's officers and employees. 3. Insurance: All insurance requirements applicable shall be fulfilled prior to the issuance of this Purchase Order. Vendor is responsible for keeping required insurance current until service is complete. 4. Packing Slips or other suitable shipping documents shall accompany each shipment and:shall show: ❑ Vendor company name and address ❑ Name and address of the city department to which the shipment is being made ❑ City Purchase Order number ❑ Descriptive information as to the items delivered, including quantity and part numbers 5. Invoices for payment shall be addressed to City of Pearland and submitted to the e-mail address reflected in the Bill To field of this Purchase Order(preferred), and shall reference this Purchase Order number. If impracticable for Vendor to email, hard-copy invoice may be submitted to Accounts Payable, P.O. Box 2719, Pearland,Texas 77588- 2719, and shall reference this Purchase Order number. Payment will be made within 30 days of invoice date or satisfactory delivery of the product or service,whichever is later, provided that all other requirements as detailed in the contract have been fulfilled. 6.Taxes: This Purchase Order,when properly executed by the city, serves as a tax exemption certificate in that the City, as a municipality, claims an exemption from payment of taxes (under Texas Tax Code Section 151.309).These taxes must not be included on invoice. 7. Payment: All payments to be made by the City to Vendor, including the time of payment and the payment of interest on overdue amounts, are subject to the applicable provisions of Chapter 2251 of the Texas Government Code. 8. Changes/Quantities: No changes may be made to this order without written authorization from a City Purchasing representative. Exact quantities ordered should be shipped, except in instances where this is impractical such as material in bulk, uneven lengths, etc., in which case nearest amount available and not exceeding specified quantity is acceptable. 9. Quality Control: Goods supplied as a result of this Purchase Order shall be subject to approval as to quality and must conform to the highest standards of manufacturing practice. Items found defective or not meeting specifications shall be replaced at the Vendor's expense within a reasonable period of time. Payment for defective goods or goods failing to meet specifications is not due until 30 days after satisfactory replacement has been made. 10.Warranty: Vendor shall warrant that all items or services shall conform to the proposed specifications and all warranties as stated in the Uniform Commercial Code and be free from all defects in material,workmanship and title. 11.Warranty-Product: Vendor shall not limit or exclude any implied warranties and any attempt to do so shall render this contract voidable at the option of the City. Vendor warrants that the goods provided hereto will conform to all specifications, drawings and/or descriptions of any City solicitation for bid resulting'in this order. 12. Patents: Upon acceptance of this order, Vendor agrees to protect the city from any claim involving patent right infringements, copyrights, or sale franchises. 13. Shipping: Allprices must be F.O.B. destination. No boxing or packing charges will be allowed by city unless specifically authorized on the face of this order. 14. Risk of Loss: Risk of loss, damage, or destruction of materials covered by this order, regardless of F.O.B. point, shall be and remain with the Vendor until'the goods are delivered to the destination set out in the order and accepted by the city or city's nominee. 15. Deliveries: Delivery shall not be made to any place other than the destination indicated on this Purchase Order, except as subsequently stated in writing by authorized City Purchasing personnel, on a date prior to shipment by the Vendor. 16. Cancellations: The city reserves the right to cancel purchase orders for failure on the part of the Vendor to deliver as promised, or within a reasonable time if no delivery commitment is made, unless acceptable notification of delay is given to the city by the Vendor. 17. Liability: Any person,firm or corporation performing services pursuant to this Purchase Order shall be liable for all damages incurred while in performance of such services.Vendor assumes full responsibility for the work to be performed hereunder, and hereby releases, relinquishes, and discharges the city, its officers, agents, and employees. from all claims, demands, and causes of action of every kind and character including the cost of defense thereof, for any injury to, including death of, any person whether that person be a third person, vendor, or an employee of either parties hereto, and any loss of or damage to property,whether the same be that of either of the parties hereto or of third parties, caused by or alleged to be caused by, arising out of or in connection with the issuance of this order to vendor,whether or not said claims, demands and causes of action in whole or in part are covered by insurance. Certificate of Insurance may be required for but not limited to Commercial General Liability, Commercial Auto Liability,Workers Compensation, and Professional Liability Insurance. 18. Personal Interest in City Contracts: Vendor agrees to comply with the Personal Interest In City Contracts provision of the Pearland City Charter, Section 10.07 latest amendment which states"Personal interest in city contracts or any other actual or potential conflicts of interest shall be governed by applicable state law, including Texas Local Government.Code Chapter 171." Vendor agrees to maintain current, updated disclosure of information on file with the City Purchasing Department as appropriate throughout the term of this contract. : 19. Conflict of Interest(Chapter 176 of Texas Local Government Code): By doing business or seeking to do business with the city,Vendor acknowledges that they understand and accept the requirements of Chapter 176 of the Texas Local Government Code and that they are solely responsible for compliance.Vendor may register and post their Conflict of Interest questionnaires online by visiting the Supplier Registration page located on the City of Pearland's website, http://pearlandtx.gov/ 20.Applicable Law: This Purchase Order shall be interpreted and enforced according to the provisions of the State of Texas Law, and Vendor shall abide by, and be in compliance with, all applicable laws, statutes, ordinances, and regulations. 21.Venue: Both parties agree that venue for any litigation arising from this contract shall lie in Pearland, Brazoria ,County, Texas. 22. Arrears in Taxes:City shall be entitled to counterclaim and offset against any debt, claim, demand or account owed by the City to any person, firm or corporation who is in arrears to the City of Pearland for taxes, in the amount of taxes so in arrears, and no assignment or transfer of such debt, claim, demand or account after the said taxes are due shall affect the right of the City to offset the said taxes against the same. 1 of P£44 e,� CITY OF PEARLAND LPEAND PUBLIC WORKS DEPARTMENT 3501 East Orange St. :-Sr. 's9°' Pearland, Texas 77581 www.pearlandtx.gov LETTER OF TRANSMITTAL TRANSMITTAL TO: Maria Rodriguez DATE: 4/30/18 COMPANY: City of Pearland ADDRESS: CSO PHONE: 281-652-1840 RE:Lockwood,Andrews&Newman-Contract Amendment so. EM1M81 16. COMMENTS: For City Manager Approval THE FOLLOWING ITEMS ARE ENCLOSED: ❑ CHANGE ORDER ❑ SHOP DRAWINGS ❑ SUBMITTAL ❑ PLANS ❑ SPECIFICATIONS ® OTHER Contract Amendment COPIES DESCRIPTION 1 Lockwood, Andrews &Newman Contract Amendment (Additional $7,500.00 for facility services related to Hurricane Harvey) THESE ARE TRANSMITTED as checked below: ® FOR APPROVAL ❑ APPROVED AS SUBMITTED ❑ FOR YOUR USE ❑ RETURNED FOR CORRECTIONS ❑ SUBMIT COPIES FOR DISTRIBUTION ❑ AS REQUESTED ❑ RETURN CORRECTED PRINTS ❑ FOR REVIEW AND COMMENT If you have any questions, please feel free to call me at 281-652-1946. Thank you, Kimberly Hall Admin 1 of 1 D5.Revised 2016 • �, CITY OF PEARLAND 4' PUBLIC WORKS DEPARTMENT 01, 4o n�` 3519 Liberty Drive,Suite 300 Pearland,Texas 77581 • - T'E x a 's_* - www.cityofpearland.com/projects Professional Services Contract Amendment Public Assistance Services —Building Facilities Damage Assessments Date of Issuance: March 26, 2018 Amendment No: 1 Consultant: Lockwood, Andrews & Newnam, Inc. CoP Project No: N/A • PO#: 2017-00001912 Explanation: This Amendment encompasses the following: Description of Work Cost Time 1. Additional level of effort for Public Assistance for Damage Assessments —Building Facilities, Per proposal dated March 16, 2018 $.7,500 N/A Days Cost & Time Change Summary: Cost Time Original Contract: $ 49,850 Days Previous Amendment(s): $ 0 Days Contract prior to this Amendment: '$ 49,850 Days Net increase (decrease) from this Amendment: $ 7,500 Days Revised Contract: $ 57,350 Days _ `lli.�-5 ate: 44/ zc9fgFinance Approval: Fin nce DireWsr f V ACCEPTED*: APPROV i By._ s w- —Date: 2018-03-19 By: Date: / "30-15 /J Consultant V C. Manager/Designee *Consultant agrees to perform change(s)included in this Contract Amendment for the price and time indicated.The prices for changes included all costs associated with this Contract Amendment. No work is to be done until this Amendment is executed. No payment to the Consultant shall be made for work included in the Amendment until this Amendment is executed. Upon execution by all parties,the following changes identified for the Contract Value and/or Contract Time shown,are made part of the Contract. 1 of 1 D6.Revised 6/16 Page 37 of 38 Lockwood, Andrews min &Newnam, Inc. • A L FU A DALY COMPANY CITY OF PEARLAND FACILITY CONDITION ASSESSMENT(FCA}ADDITIONAL SERVICES PROPOSAL Lockwood, Andrews & Newnam, Inc. (CONSULTANT) submits the following Scope of Work detailing proposed services to be provided to the City of Pea rland (OWNER). BACKGROUND CONSULTANT will perform additional services for a Facility Condition Assessment (FCA) for the OWNER. The services associated with the FCA included a rapid evaluation of OWNER assets which identified building deficiencies resulting exclusively from Hurricane Harvey.The deliverable provided a printed report produced from the use of the FCA software used for the rapid evaluation and listed building deficiencies,the recommended repair scope for identified deficiencies,and cost for identified deficiencies.The reported deliverable also included photos of the associated deficiencies collected in the FCA software used during the work. The work of the CONSULTANT did not include preparation of repair strategies,work packages,design or assistance with procurement of contract vendors to accomplish repairs_ ADDITIONAL SERVICES In review of the printed deliverable provided by the CONSULTANT, OWNER requested additional services to be provided. Additional services requested include a report formatted to the OWNER'S requested specifications which will include photos of the associated deficiencies collected during the rapid assessment. SCOPE CONSULTANT will deliver one comprehensive report for deficiencies identified during the rapid evaluation which were observed to be a result of damages caused by Hurricane Harvey.The report will include photos associated with the deficiencies.The report will be formatted per the OWNER'S specifications. CONSULTANT anticipates the need for one review of the draft deliverable report by the OWNER. CONSULTANT will review and correct comments by the OWNER to finalize the deliverable report. CONSULTANT will deliver the comprehensive report formatted to the OWNER'S specifications digitally (via email). A physical printed copy of the report delivered to the OWNER by the CONSULTANT is not included in the scope of work. FEE The proposed fee for additional services requested by OWNER is a lump sum of $7,500. All project related expenses anticipated during the provision of these services are included in the lump sum fee noted above. 1 • ,wc JP rom,AIA, LEED AP, PMP Vice President,Team Leader March 16, 2018 217 Rock Prairio Road • Col age Station.Texas rr945 • 979,776,100C • Fax 919,693,55 r8 • www.lan-Inc,corn Page 38 of 38