Loading...
R2019-159 2019-07-09 RESOLUTION NO. R2019-159 A Resolution of the City Council of the City of Pearland, Texas, authorizing a contract with Quorum Architects for architectural design services,associated with the Animal Services Shelter Construction Project, in the amount of $769,565.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract for architectural design design 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 a contract for architectural design services associated with the Animal services Shelter Construction Project. PASSED, APPROVED and ADOPTED this the 8th day of July, A.D., 2019. Qt'RLAN''., %r TOM REID MAYOR • ATTEST: ���'''�nu����```• . (1/(0210-e-46- MARIA RODRIGUEZ /11-6 INTERIM CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Resolution No. R2019-159 CONTRACT FOR PROFESSIONAL SERVICES! THIS CONTRACT is entered into upon final execution by and between the City of Pearland ("CITY") and Quorum Architects, Inc. ("CONSULTANT"). The CITY engages the CONSULTANT to perform professional services for a project known and described as Animal Services Shelter ("PROJECT"). (Project#FA1803) 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 perform design services. See Exhibit A, attached, for a detailed SCOPE OF WORK and PROJECT schedule. The PROJECT schedule shall be submitted in digital and hard copy form in the Microsoft Project for Windows format. B. The CONSULTANT shall prepare and submit a detailed opinion of estimated cost of the PROJECT. 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 shall submit all final construction documents in both hard copy and electronic format. Plans shall be AutoCAD compatible and all other documents shall be Microsoft Office compatible. The software version used shall be compatible to current CITY standards. Other support documents, for example, structural calculations, drainage reports and geotechnical reports, shall be submitted in hard copy only. All Record Drawings electronic files shall be submitted to the CITY in TIF format. E. The CONSULTANT recognizes that all drawings, special provisions, field survey notes,reports,estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT shall be delivered to the CITY upon request, shall become subject to the Open Records Laws of this State. F. 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 Design 1 of 7 D2.Revised 04/2019 and omissions relating to the performance of any work by the CONSULTANT, its agents, employees or subcontractors under this Agreement, as follows: (1) Workers' Compensation as required by law. (2) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. (3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property. (4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non-owned vehicles, with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for property damage. The CONSULTANT shall include the CITY as an additional insured under the policies, with the exception of the Professional Liability Insurance and Workers' Compensation. The CONSULTANT shall agree to waive its Right to Subrogation. 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. G. 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. Design 2 of 7 D2 Revised 04/2019 SECTION II -PERIOD OF SERVICE This CONTRACT will be binding upon execution and end April 30, 2022. SECTION III - CONSULTANT'S COMPENSATION A. The total compensation for the services performed shall not exceed the total noted in Section B. B. The CITY shall pay the CONSULTANT in installments based upon monthly progress reports and detailed invoices submitted by the CONSULTANT based upon the following: 1. Basic Services (Lump Sum) $422,675.00 2. Additional Services shall require independent and specific authorization and shall be billed as (Lump Sum): $121,500.00 3. Bid Phase Services (Hourly Not to Exceed) $24,840.00 4. Construction Phase Services (Hourly Not to Exceed) $188,550.00 5. Reimbursable Expenses (Not to Exceed) $12,000.00 6. Total: $769,565.00 C. The CITY shall make payments to the CONSULTANT within thirty(30)days after receipt and approval of a detailed invoice. Invoices shall be submitted on a monthly basis. D. CONSULTANT shall invoice for work performed during the preceding thirty day period("Billing Period"). The Billing Period shall nm from the 26th day to the 25th day of each consecutive month. Invoices shall be submitted to CITY not more frequently than once every 30 days. CONSULTANT shall be responsible for timely submittal of all invoices and CONSULTANT shall not be entitled to payment for invoices in arrears. All invoices shall reflect most recent single Billing Period only and represent the true, correct and accurate account of work performed during the Billing Period. E. For an agreed contract amount identified as "Lump Sum", Not to Exceed" and "Reimbursable"the CONSULTANT shall not exceed the fixed contractual amount without written authorization in the form of a Contract Amendment. CONSULTANT shall provide 45 days prior notice to the CITY in the event contract fees may exceed the fixed contract amount. CONSULTANT shall be responsible for ensuring that such authorization is complete and executed by all parties performing any work or submitting any invoices for work that exceeds the fixed contract amount under any expense category. Design 3 of 7 D2 Revised 04/2019 F. Allowable Reimbursable Expenses CONSULTANT shall identify and include in the proposal any anticipated Reimbursable Expenses, and shall itemize Reimbursable Expenses by work category. Reimbursable Expenses shall be invoiced AT COST without subsequent markup by the CONSULTANT. All invoices containing a request for Reimbursable Expenses shall include copies of the original expense receipts itemized per the allowable category. Allowable Reimbursable Expenses include: • Hard copy reproductions, copies and/or binding costs • Postage • Mileage, for travel from Consultant's local office (within a 25 mile radius) to meetings at the City or job-site. Mileage shall be charged at the current IRS rates. • Travel expenses, mileage from local office to State or federal regulatory agency office beyond 100 miles. • Lodging expenses, for destinations beyond 100 miles from the Consultant's local office AND when business hours exceed eight hours within one business day OR requires more than one eight hour day. F.2. Disallowed Expenses Disallowed Expenses include travel expenses for professional expertise traveling into the greater Houston area from Consultant offices outside of the greater Houston area. 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. Design 4 of 7 D2 Revised 04/2019 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 707 W. Vickery Blvd., Suite 101, Fort Worth, TX 76104. 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 drawings, special provisions, field survey notes, 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 15t 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. 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. Design 5 of 7 D2 Revised 04/2019 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 tosolicit 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. SECTION VIII-SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto. Ai*, AIL C OF ' • =AND, TEXAS DATE Caw 519 CONSULTANT DATE Design 6 of 7 D2 Revised 04/2019 House Bill 89 Verification L, b k4 lb bury/41 (Person name), the undersigned re re enta ive "Representative") her after referred to as "Re resentative" of . 0 u d.f u IIN,p tc ,4�e.c.IS 4 1 v�C (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18)years of age,after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Pearland; and 3. That Representative understands that the term "boycott Israel"is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. r .. 1 / .--.D..........A.................."._ SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this S. day of v In t.. , 20 lel . few-. CATH LEE `1 'f ; '�l My Notary� 1816016D1 (-) - V/ in11% 4,,rf-eLj *.•," Expbes)november 20,2022 Notary Pu•lic Design 7 of 7 D2 Revised 04/2019 Quorum Design. Spaces. People. June 22,2019 Cara Davis City of Pearland 3519 Liberty Dr Pearland,TX 77581-5416 RE: Pearland Animal Shelter Design&Construction Administration Services Quorum Number:19066 Dear Cara, We are pleased to respond to your request for a fee proposal for Architectural Services for the Pearland Animal Shelter Design and Construction Administration.We have provided herein a brief description of each proposed task and have referenced"Exhibit"A"(attached)as the City's standard scope of work(updated to reflect this specific project based on our conversations).We are available to discuss our proposal at your convenience. For the purpose of providing a general baseline for this proposal,we are assuming an approximate 18,000 s.f. and approximately $8.6 mil. construction cost for a new animal shelter. As directed by the City we are including two sites(PPSB at Cullen and the Southdown WWTP site,south of McHard Rd.)for evaluation during the programming and Concept Design phase. 1. BASIC DESIGN SERVICES A Programming/Conceptual Design—The Programming/Conceptual Design will include the scope listed in Exhibit A. Additionally, Quorum will evaluate the PSB and the Southdown WWTP site for the feasibility and projected costs of developing a new animal adoption. We anticipate the evaluation criteria will likely include suitability for an animal shelter adoption facility, proximity to key features, availability of utilities,cost,drainage,etc.This includes a single concept site design and concept floor plan(space relationship plan). B. Schematic Design—Based on the mutually agreed upon program,schedule and construction budget requirements,the Architect shall prepare,for approval by the Owner,Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. Architect will utilize related unit costs for similarly constructed facilities recently designed by Quorum as a basis for using square foot costing methods. During Schematic Design, Architect shall engage the services of a geotechnical engineer and surveyor. C. Design Development— Based on the approved Schematic Design Document and any adjustments authorized by the Owner in the program,schedule or construction budget,the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. Generally,most of the drawing sheets will be started as well as most specification sections,although the details of each will be completed during Construction Document development.The Architect shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost. Architecture Interior Design 4 707 W Vickery Blvd Suite 101 Fort Worth Teras 76104 USA ph 817 738 8095 fx 817 738 9524 a www.garch.com r D. Construction Documents—Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner,the Architect shall prepare,for approval by the Owner,Construction Documents consisting of Drawings and Specifications setting forth the requirements for the construction of the project.The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. The Architect shall assist the Owner in preparation of the necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agreement between the Owner and Contractor. It is anticipated that the Owner will utilize a CMAR process for bidding and construction.Architect will assist in permit application and submission with final permit being obtained in the name of the selected general contractor E. Bidding — The Architect will assist the Owner in CMAR bidding, including attending Pre-proposal meetings Pre-construction meetings, development of addenda as necessary and answering contractor RFI's,questions of clarifications on the Documents,and other concerns. Architect will also review and analyze proposal ,and provide an evaluation letter for final CMAR selection. F. Construction Administration — Contract Administration will commence with the preconstruction meeting.The Architect shall provide administration of the Contract for Construction as set forth below and in the General Conditions of the Contract for Construction, unless otherwise provided in this Agreement. The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's operations,or as otherwise agreed by the Owner and the Architect, (1) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work,and (3)to determine,in general, if the Work is being performed in a manner indicating that the Work,when fully completed,will be in accordance with the Contract Documents. However,the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences nor procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. The Architect shall report to the Owner known deviations from the Contract Documents. However, the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions,but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor,Subcontractors,or their agents or employees,or of any other persons or entities performing portions of the Work. For the purpose of this proposal, we have assumed a maximum of 30 site visits over an eleven (11) month construction period, including a pre-construction meeting and two (2) final review visits. Additional visits may be performed as Additional Services. 2. SPECIAL SERVICES A. Geotechnical Engineer-As directed by the owner,the Architect shall procure the services of a geotechnical engineer for soil borings and foundation recommendations.The Owner will need to sign a clearance and release of liability for the Engineer to access and to drill on the Owner's property. B. Civil Engineer-As directed by the owner,the Architect shall procure the services of civil engineer to include necessary site work as part of the construction documents, including on-site work such as survey,grading,paving,and utility plans,as well as erosion control,for the area disturbed and affected by development of a new facility on site. Page 2 of 4 C. Survey and Phase 1 Environmental Assessment(EA)-As directed by the Owner,the Architect (through the civil engineer)shall provide a topographic and boundary survey for both sites as well as a Phase 1 Environmental Assessment if needed. If the Environmental Assessment is deemed not necessary by the Owner for the selected site this service will not be invoiced to the Owner. D. Landscape Architect-Architect shall procure the services of a Landscape Architect to provide landscape and irrigation drawings. E. TDLR Review and Inspection-Architect to coordinate TDLR review and inspection with local TDLR RAS or preferred RAS of choice by City of Pearland. F. Reimbursable Expenses- Cost to cover printing,travel,meals, mileage,accommodations, and other miscellaneous expenses occurred will be reimbursable expenses, invoiced at cost plus 1001o. COMPENSATION Compensation for Basic and Special Services as described herein is proposed to be a lump sum fee as described below,invoiced on percent complete each month: 1. BASIC DESIGN SERVICES A. Programming/Concept $ 32,100 B. Schematic Design $ 59,275 C. Design Development $143,000 D. Construction Documents $188,300 E. Bidding $24,840 (NTE per City Agreement) F. Construction Administration $188,550(NTE per City Agreement) Total Basic Design Services $636,065 2. SPECIAL SERVICES A. Geotechnical Services $ 12 000 B. Civil Engineering $60,000 C. Survey and Phase 1 EA $29,000 D. Landscape Architecture $18,000 E. TDLR review and inspection $2,500 F. Reimbursable Expenses $12,000 Total Special Services $133,500 Total Design Fees $769,565 3. The following 2019 hourly rate schedule will be utilized for additional services if such services are requested by the Owner.Rates are subject to change each calendar year. Principal 195.00 Project Manager 160.00 Project Architect 140.00 Architect 130.00 Intern Architect/Designer 120.00 Technical Staff 110.00 Project Clerical 75.00 Administration 75.00 Project Designer 140.00 Associate 150.00 Associate Designer 110.00 Page 3 of 4 4. Additional Services(Optional)—if there is a request to expand the scope of Basic Services,or to include Additional Services in the future,the fee will be negotiated based on the specific scope. This may include,but not be limited to,additional renderings and videos,additional insurance If required by the Client,detailed cost projections beyond architectural summaries,fees paid for approvals of authorities having jurisdiction,permitting,audio visual design,and LEED Compliance, revisions to previously approved work, offsite hydrological & hydraulic analysis, LOMR and CLOMR studies,water quality analysis,Phase 2 environmental or wetland studies,coordination or permitting with USACE or TCEQ,Traffic impact Analysis,obtaining title reports or abstracting property, and multiple designs for comparison or bidding after Schematic Design approval. Additional Services work shall not be completed until approved by the Client 5. Payments shall be made within 30 days of receipt of invoice. Accounts unpaid 30 days after the invoice may be subject to a monthly service charge of 1.507o(or the legal rate)on the then unpaid balance. CLIENT RESPONSIBILITIES 1. Client shall provide copies of any pertinent information,which affects the property including, but not limited to,information on hazardous materials,flood information,code and zoning,and building systems conditions. Client will continue to coordinate with TCEQ regarding construction over landfill and communicate the requirements to the Architect ADDITIONAL INFORMATION 1. Quorum Architects,Inc.will provide the Owner with architectural services as required and agreed upon for satisfactory and normal completion of this project The Architect shall exercise usual and customary professional care in his efforts to comply with those laws,codes,ordinances,and regulations,which are in effect as of the date of this agreement 2. The Architect and its Consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the Project site. The Owner shall obtain a hazardous material evaluation,prior to beginning any demolition on site. 3. In performing Architectural Services,the Architect will to use that degree of care and skill ordinarily exercised under similar circumstances by competent members of the architecture profession. Notwithstanding compliance with this standard of care,the City can normally anticipate that some changes and adjustments in the project will be required either during or after construction. The City agrees to establish a construction contingency fund of no less than 507o of the estimated construction cost to cover the reasonably anticipated costs of these changes and adjustments as well as,changes due to code revisions and field conditions. 4. Texas law requires registrants to provide all clients with the following written statement "The Texas Board of Architectural Examiners,P.O.Box 12337,Austin,Texas 78711-2337 or 333 Guadalupe,Suite 2-350,Austin, Texas 78701-3942, (512) 305-9000, has jurisdiction over individuals licensed under the Architect's Registration Law,Texas CMI Statutes,and Article 249a". Should you have any questions or additional concerns,please feel free to contact us at your convenience. Thank you for trusting Quorum Architects,Inc.to assist you in this endeavor. Sincerely, .411; David a Duman,AiA TX Registration#14305 Quorum Architects,Inc. Page 4of4 l(ru 19ulllupal JuieuuueJ-real 10111.1 O-O-17.WFJL.UtlI ILI LI ICI . rlujCll # Name Duration Start Finish Complete 1 Pearland Animal Shelter- 535 d 8/1/2019 8/18/2021 0 0/0 21 Site Analysis/Conceptual Design (NTP 8-1-19)(6 weeks) 31 d 8/1/2019 9/12/2019 0 0/0 3! Schematic Design (10 weeks) 51 d 9/13/2019 11/22/2019 0 4, Owner Review and comment(2 weeks) 11 d 11/25/2019 12/9/2019 0 0/0 51 Design Development (10 weeks) 51 d 12/10/2019 2/18/2020 0 61 Owner Review and comment(2 weeks) — — 11 d 2/19/2020 3/4/2020 0 % 71 90% Construction Documents (10 weeks) 51 d 3/5/20205/14/2020 0 � 8, 100% Construction Documents(21 days) 16 d 5/15/2020 6/5/2020 0 0/0 9 Owner Review and comment(2 weeks) 11 d 6/8/2020 6/22/2020 0 10� Update/complete CDs(14 days) — — —_ 11 d _6/23/2020 7/7/2020 0 111 Bidding and Negot'n (est 10 wks to Council approval) 51 d 7/8/2020 9/16/2020 0 0/0 1 121 Construction (estimated 11 months) 240 d 9/17/2020 8/18/2021 0 EXHIBIT A Pt y U PE s AND CI r _ ;_ ;Q.---£-— — t Fsr 1 S9 ARCHITECTURAL SCOPE OF SERVICES FOR Pearland Animal Shelter Design 1 of 5 D23.Revised 3/08 Architectural Services: Standard Scope of Work Services provided would include complete architectural, structural, mechanical, electrical, plumbing, and civil design services. In addition, the following services will be included. I. Programming Phase 1. Create a Program of Spaces for building interior, including: basic information such as sizes, space requirements,workflows, activities and special uses. 2. Facilitate meetings with City staff as needed to develop basic components and traffic planning of building program, including City's standard building systems, equipment and materials. 3. Attend coordination meetings with City staff and any pertinent external agencies (County, State and Federal) as required to determine and gain approvals from all pertinent entities. 4. Provide a schematic cost estimate and conceptual project schedule. 5. Prepare and submit three (3) sets of site plan program of spaces and adjacencies layout for review and approval. II. Schematic Design Phase 1. Obtain a Geotechnical Report which recommends building foundations and paving design. Review, report and alert City of any issues found. Coordinate structural and civil engineer as related to the design. 2. Obtain Boundary and Topographical Survey for the property. Review, survey and alert City to any issues found. Coordinate with civil engineer for design. 3. Facilitate meetings with City staff to review building square footage, required utilities, drainage, zoning and traffic needs to develop Schematic Design Documents. 4. Obtain and review applicable City standards and guidelines for design (Design Criteria Manual, Unified Development Code) and provide design that meets City codes. Create a comprehensive Site Plan in accordance with the Unified Development Code(UDC), site utilities, facilities and drainage planning. 5. Conduct Traffic Impact Analysis (TIA) (if required—note that this is not currently part of the proposed scope and fee proposal), review TIA report and alert the City of any issues 6. Attend Pre-Development meeting and address points of clarification regarding the project. 7. Prepare and submit three (3) sets of Schematic Design Documents, Preliminary Specifications, Schematic cost estimate and schedule to the City staff for review and approval. (30%plan review). Components to include: a. site plans,paving layouts,traffic circulation b. floor plans,building circulation c. exterior elevations,rendering and color palette d. critical building sections and details e. Relevant right of way information such as easements,building set backs etc. f. Location of utilities and sizes 8. After receiving schematic design comments,meet with: a. Planning Department, Building officials and Fire Marshall to review project requirements. b. City Engineer and Brazoria Drainage District 4(BDD4)to review project drainage. c. Public Works to review utilities. Design 2 of 5 D23.Revised 3/08 9. Respond in writing to all City comments on plans. 10. Coordinate with private utilities and service providers. 11. Attend meetings with CMaR(if CMaR is selected as procurement method) to define project and educate them on specific features of animal shelter design unique to this project in preparation of their initial estimate.(Two CMaR meetings for this phase).. 12. Attend a workshop with Animal Advisory to discuss design elements, and program. III. Design Development Phase 1. Facilitate meetings with City staff to develop Design Development Documents. 2. Prepare and submit three (3) sets of Design Development Documents including Detailed Specifications, Cost Estimate and schedule to the City staff for review and approval. (60% plan review). Components to include: a. site plans,paving layouts,traffic circulation, lighting, signage and utilities b. floor plans, Structural, Civil, Architectural, Storm Water Pollution Prevention Plan (SWPPP),MEP,Fire Protection and landscaping c. exterior elevations,rendering and color palette d. building sections and details e. interior elevations, casework and millwork elevations f. drainage Study and calculations g. report addressing all City's Design Criteria and Code requirements 3. Respond in writing to all City comments on plans. 4. Coordinate final utility plans. 5. Attend meetings with CMaR(if CMaR is selected as procurement method) to define project and educate them on specific features of animal shelter design unique to this project in preparation of their initial estimate. 6. Attend CMAR meetings to discuss estimate and various construction and pricing options. (up to three CMaR meetings for this phase). 7. Attend a workshop with Animal Advisory and or Council to present the design and receive comments, (up to two meetings). IV. Construction Documents Phase 1. Prepare complete Construction Documents and Specifications and submit three (3) sets to City staff for Code and general review and approval(90%plan review). 2. Attend follow up meetings with Fire Marshall, BDD4, City Engineer, Planning and Chief Building Official(CBO). a. Obtain BDD4's approval and signature of plans. 3. Complete Platting and record Plat. 4. Complete final coordination with private utilities and service providers. 5. Prepare and submit three (3) complete sets of Construction Documents, including 90% written responses, Specifications and Architect's Cost Estimate and schedule to: a. Projects Department for review and approval(100%plan review) b. Community Development for formal Plan Review for Permit 6. Submit plans to Texas Department of Licensing and Regulation (TDLR) or Registered Accessibility Specialist (RAS) for accessibility review and to Texas State Health Department and address all comments and noncomplying items 7. Correct plans to reflect issues noted by Review for Permit. 8. Acquire signature of City Engineer and CBO. V. Bid Phase (If competitive bidding process is used) Design 3 of 5 D23.Revised 3/08 1. Provide Notice to Bidders (NTB) to the Project Manager. City is responsible for advertising. 2. Reproduce and disseminate bid sets to Dodge,AGC,ABC,Amtek and(2)two sets to the City [PM (1),Purchasing(1) and interested bidders] 3. Distribute(including the sale of)plans to interested bidders i. Keep record of plan holder's list 4. Chair pre-bid meeting and attend the Bid Opening 5. Respond in writing to questions from bidders and prepare addenda as necessary. 6. Assist with design of Bid Proposal* 7. Prepare Engineer's Recommendation of Award Letter that includes the following required content i. Check for math errors and reconcile any mathematical discrepancies ii. Review for unbalance bid items iii. Certified Bid Tabulation including Engineer's estimate iv. Review of contractor's financial standing and references provided v. Explanation of discrepancies between the Engineer's estimate and bids vi. Recommendation to award 8. Attend City Council meeting and recommendation for award of Contract for Construction. 9. Produce and transmit to selected contractor five(5) sets of project manuals ready for execution with City's Notice of Intent to Award(NOI) (If CMaR bidding process is used) 1. Assist CMaR in bidding by proving necessary bid documents in electronic format, 2. Answer questions about project or requests for clarification of the Documents, 3. Prepare Addenda as needed for clarification 4. Assist the Owner in reviewing bid results from CMaR and discuss value, scope and schedules, 5. Consult with the Owner as needed as to the acceptability of subcontractors, suppliers, and manufactures proposed by CMaR. 6. Incorporate clarifications and changes in Documents prior to beginning Construction. 7. Attend City Council meeting and recommendation for award of Contract for Construction. VI. Construction Administration Phase 1. Facilitate Pre-Construction meeting and conduct regular twice monthly construction progress meetings. 2. Provide Construction Administration. a. Review, log and approve submittals, shop drawings, Request for Information etc. b. Review Construction Materials Testing reports. c. Review and approve applications for payment. d. Coordinate with Construction Manager or Project Manager on all Request for Change Proposals, Change Orders, etc. including maintaining a log of all such documents. e. Provide direction for questions and concerns from the contractor and Construction/Project Manager in resolution of problems. 3. Provide Field Services for entire construction period a. Architect's Construction Administrator to conduct a site visit a minimum of 24 times including observation of structural concrete placement, underground piping installation and inspections, mechanical/electrical/plumbing cover-up, masonry installation, ceiling cover-ups, etc. b. Provide site visit report to Project Manager twice monthly. Design 4 of 5 D23.Revised 3/08 4. Conduct Substantial Completion Inspection, coordinate with Construction Manager/Project Manager to create punch list, substantiate that items noted are completed, issue Substantial Completion Certificate. VII. Project Close Out 1. Provide Warranty Administration Services during the entire Warranty Period. Architect to issue Warranty Reports and review items after the Contractor has notified the City that these items are complete. 2. Provide support services as needed during the project close out process. 3. Obtain and review close out submittal from the contractor for completeness before transmitting to the City which include but are not limited to: a. Contractor's red lines and as-built notes b. Warranty information c. Material Safety Data Sheet(MSDS) d. Operating Manuals e. Start up and testing reports f. Building commissioner report g. As-Built record drawings (in hard copy and digital format) 4. Issue Final Completion and Acceptance letter to the City recommending acceptance. Additional Services Geotech Per UDC and DCM - Survey/Platting -Landscape Architect Testing and Balancing/Building Commissioning(by GC third party inspector) Enviromnental • Design 5 of 5 D23.Revised 3/08 NTE Struct. WORK PLAN (est time NTE hours indicated) Principal Project Project Intern Technical Admin Clerical and MEP Basic Manager Architect Architect Staff Fees Services Task ' Description Rate> 195 160 140 120 110 75 75 Hours Cost BASIC DESIGN SERVICES: Conceptual Design 20 90 30 80 0 0 0 $ - 220 $32,100 Schematic Design Phase 45 160 75 120 0 0 0 $ - 400 $59,275 Design Development Phase 80 290 160 160 40 0 0 $ 35,000 730 $143,000 Constructon Documents Phase 100 340 270 160 40 $ 43,000 910 $178,300 Bidding Phase 40 70 16 30 156 $24,840 Construction Admin Phase 210 630 140 60 $ 20,000 1040 $188,550 SPECIAL SERVICES (NTE fees): Civil Engineering $ 60,000 $60,000 Survey/Phase 1 EA $ 29,000 $29,000 Landscape Architecture $ 18,000 $18,000 Geotech $ 12,000 $12,000 TDLR Review& Inspection $ 2,500 $2,500 Reimburseable Expenses $ 22,000 $22,000 Subtotal Hours 495 1580 691 610 80 0 0 2415001 3,456 Subtotal Cost $96,525 $252,800 $96,740 $73,200 $8,800 $0' $0 $0 $769,565 AUTHORIZATION FOR CobbFendleyCobbFendl PROFESSIONAL SERVICES June 3. 2019 Ms. Kim Dowdy A.I.A., Director of Animal Care Design Quorum Architects, Inc. 707 West Vickery Blvd., Suite 101 Fort Worth, Texas 76104-1197 Re: City of Pearland New Animal Shelter Project Number: 1907-012-01-00 Civil Site Design on a 2-2.5-acre Tract Proposal for Professional Engineering & Surveying Dear Ms. Dowdy: Cobb, Fendley&Associates, Inc. ("CobbFendley") is pleased to propose professional engineering & surveying services to you in connection with the civil site design for the proposed City of Pearland New Animal Shelter development on a 2-2.5-acre tract. There two tracts being considered for the proposed development. Ultimately one site will be selected by the City. One site is located at 2555 Cullen Blvd ("Location PPSB", and the other is located at south side of McHard Road approximately 1/2 mile west of Cullen Blvd ("Location #2), in Pearland, Texas. CobbFendley's services are to be performed for the sole benefit of Quorum Architects, Inc. ("Client"), who shall be responsible for payment of those services. When accepted by the signature of Client's authorized representative, the Authorization and the documents referenced herein shall constitute the entire agreement between Client and CobbFendley with respect to this project. A copy of the General Terms and Conditions of the Authorization for Professional Services is attached and constitutes a part of this agreement. It is the understanding of CobbFendley that: • The scope of services of the civil site design of the project are for one Schematic Design ("SD"), one Design Document ("DD"), and one Construction Document ("CD"). submittal only. Project breakout into additional or phases with separate civil site submittals will require additional fee. • Client will have separate agreements for architecture, MEP engineering, geotechnical engineering, structural engineering, and landscaping. These services will not be included in the scope of services in this agreement. • PPSB location site has been platted and re-platting is not anticipated. • The construction plan set including the civil site construction plans will be submitted by the Client to the City of Pearland Community Development Department for review and approvals for the subject project and not by CobbFendley. CobbFendley will assist the Client by responding to civil site review comments and revising the civil site portion of the plans per those City comments. D:\LANDDEV\PROJECT MANAGEMENT\PROPOSALS\2019\1907-012-01-00-P01.DOCX COBBFENDLEY CLIENT 13430 Northwest Freeway,Suite 1100 I Houston,Texas 77040 1713.462.3242 I fax 713.462.3262 I www.cobbfendley.com City of Pearland New Animal Shelter uobbFendley Authorization for Professional Services i• Page 2 of 11 SCOPE OF SERVICES The fees for the following services will be billed according to the following fixed fees (unless stipulated as hourly): Surveying Services Task 01 — Boundary Perform a land title survey in accordance with the standards of a Category 1A, Condition II survey of the subject tract. Prepare metes & bounds descriptions of the tract. The Owner, through their title company, shall obtain a current title commitment for the property with copies of all deeds and instruments referenced therein and copies of deeds for the adjoining $9,800.00 (Plus 8.25%Sales Tax Task 02 —Topographical-On-Site Perform a topographical survey in accordance with the standards of a Category 6, Condition II survey of the subject 2-2.5-acre tract in order to (1) obtain topographical survey shots of the existing ground elevations and improvements within the subject tract on a 25 to 50-foot grid; (2)determine the existing elevations of the street pavement and utility lines which are accessible by manholes on street fronting the subject site. (3). Obtain 3 cross sections along the existing ditch located west of the Location#2. Tie in existing water line across the road. Perform Design-Ticket OneCall and tie in any locates performed by others. Establish horizontal and vertical control points to be used on the project. The vertical control of the topographical survey will be based on FEMA datum (NAVD 1988, 2001 Adjustment) $6,500.00 Task 03 —Elevation Certificate— Form Work Prepare one elevation certificate of the form work for the proposed building in accordance with the requirement of City of Pearland. This survey will be performed after the forms of the proposed building have been constructed. $2,100.00 Task 04—Elevation Certificate— Final Perform an elevation certification of the finished floor elevation of the constructed building in accordance with City of Pearland requirements. $2,100.00 Engineering Services Task 20— Civil Site Design - CD Prepare construction phase civil site design drawings for the proposed development on the 2-2.5-acre tract and perform the following tasks: $56,500.00 (Plus Agency Fees) Dimensioned Site Plan — Assist the Architect in preparation of the site plan layout. Prepare a site dimensioned plan based on the Client approved final site plan. Meetings & Coordination—Attend meetings and participate in telephone conferences for coordination of project with the Client and Client's Consultants during the design phase of the project Grading & Drainage Plan — Prepare one grading and drainage plan the proposed development based on the final site. D:\LANDDEV\PROJECT MANAGEMENTIPROPOSALS1201911907-012-01-00-P01.DOCX COBBFENDLEY CLIENT City of Pearland New Animal Shelter C :i• obbFendle Authorization for Professional Services y Page 3 of 11 Underground Utilities Plan—Prepare one site utility plan for the proposed development for the storm sewer, water distribution and sanitary sewer service connections from 5 feet outside the buildings and across the site to the existing municipal utility lines adjacent to the site. This item is for plan view only and does not include any plan- profile drawings for street bores or other off-site extensions. Paving Joint Layout Plan with Details — Prepare one paving joint layout plan with details for the proposed development. Storm Water Pollution Prevention Plan—Prepare one storm water pollution prevention plan with report the proposed development. Letter of Availability — Assist Owner in obtaining required documents, preparing application and processing application for availability of utilities from City of Pearland. Renewals and updates of other applications will require additional fee. Floodplain Mitigation — Prepare one flood plain mitigation plan showing the proposed compensating excavation below the 100-year flood plain elevation to offset and mitigate the proposed fill to be placed below the 100-year flood plain elevation. Perform volumetric computations of total cut and fill below the 100-year flood plain elevation on the subject tract. Elevation Certificate— CD Prepare an elevation certification based on the civil site construction drawings in accordance with City of Pearland requirements. Plan Submittal—Submit the civil site drawings and new median cut construction plans for review and approval of City of Pearland. Obtain final approval and permit. Elevation Certificate/CD—Prepared an elevation certificate of the finished floor of the proposed building based on the civils site construction drawings. Construction Phase Services—Attend pre-construction meeting, review change order, review shop drawings from Contractor related to civil site construction issues. Process requests for information (RFI) from the Contractor or Client, make 3 site visits, and perform the final punch list related to the civil site items. Reimbursable Expenses — Reimbursable expenses including mileage, deliveries, reproduction, etc. Additional Services As a result of the preliminary nature of the knowledge associated with the project site development issues, CobbFendley may perform the services listed below if required by the approving agencies and only if requested and authorized by the Client by execution of a Supplement to the Original Agreement. Task 21 —Subdivision Platting— Location # 2 Prepare one recordable subdivision plat for the subject tract for the proposed development to be reviewed and approved by City of Pearland $12,500.00 (Plus 8.25%Sales Tax D:\LANDDEV\PROJECT MANAGEMENT\PROPOSALS\2019\1907-012-01-00-P01.DOCX COBBFENDLEY CLIENT as City of Pearland New Animal Shelter CobbFendleyir Professionalees Page 4of11 Task 22— Detention Basin Plan — Location #2 Prepare one gravity detention basin plan with details and hydraulic computations based on City of Pearland requirements $4,800.00 Task 23— P&P Drawings for Connections to Public Utilities Prepare plan and profile drawings with traffic control plans for proposed water, sanitary, and storm sewer connections from the subject site to the public water, sanitary, and storm sewer lines that are fronting the subject site. $7,500.00 Task 24— Environmental Site Analysis- Phase 1 — LOCATION #2 Prepare one environmental site analysis — phase 1 of the subject site and prepare a report to issue the findings $6,500.00 UNDERSTANDING OF CONSULTANT TEAM RESPONSIBILITIES It is also CobbFendley's understanding that the following services will be provided by others and that CobbFendley shall have no responsibility to perform these services: 1. Agency, application, or approval fees. (To be provided by Owner) 2. Obtaining a title report, abstracting the property or obtaining adjoiner deeds. (To be provided by Owner) 3. Obtaining construction permits. (To be provided by the Contractor) 4. Obtaining EPA's NPDES or TCEQ's TPDES permits. (To be provided by Contractor) 5. Obtain approval of plans from Texas Department of Licensing and Regulation. (To be provided by Architect. 6. Landscaping plan. (To be provided by Landscape Architect) 7. Soil, water or other environmental testing or environmental assessment of any kind. (To be provided by Environmental Consultant) 8. Sizing of water meters, water and sanitary sewer service connection lines. (To be provided by MEP consultant) 9. Determination of pavement thicknesses and sections. (To be provided by Geotechnical Consultant) 10. Electrical, gas or phone connections. (To be provided by MEP Consultant) 11. Exterior lighting plans. (To be provided by MEP Consultant) 12. Grease traps or sampling wells. (To be provided by the MEP Consultant) 13. Design of on-site franchised utility company infrastructure. (To be provided by MEP Consultant) D:\LANDDEV\PROJECT MANAGEMENT\PROPOSALS12019\1907-012-01-00-P01.DOCX COBBFENDLEY CLIENT City of Pearland New Animal Shelter CobbFendleyiatior Page 5 of 11 14. Traffic control plan for on-site construction activities. (To be provided by Contractor) 15. Construction phasing. (To be provided by Contractor) EXCLUSIONS FROM THE SCOPE OF SERVICES Specific items excluded from this proposal are as follows, and CobbFendley shall have no responsibility to perform any of these services. 1. Application fees or review fees 2. Subdivision platting. 3. Obtaining a title report or abstracting the property. 4. Obtaining construction permit. CobbFendley will assist with the plan approvals of the civil site portion of the project. 5. Off-site utility or paving extensions or modifications with exception of sanitary sewer extension. 6. Pumped detention basin design. 7. Storm water quality management design and permit. 8. Easement descriptions or exhibits. 9. Obtain approval from Texas Department of Licensing and Regulations. 10. Sizing of water meters, water and sanitary sewer service connection lines. 11. Paveover easements. 12. Offsite hydrological and hydraulic analysis. 13. LEED credit design and documentation. 14. Three dimensional drawings/BIM model. 15. Any other services not specifically included within the description of the Basic Services or Other Services as described above. SPECIAL PROVISIONS Labor and legal costs incurred by CobbFendley for executing Engineer's Consent and Agreement documents and other documents requested by banking and lending institutions shall be D:\LANDDENAPROJECT MANAGEMENT\PROPOSALS\2019\1907-012-01-00-P01.DOCX COBBFENDLEY CLIENT City of Pearland New Animal Shelter CobbFendleyir Professionalees Page 6 of 11 considered as Additional Services and shall be billed on an hourly basis in accordance with the attached rate schedule. SCHEDULE OF SERVICES CobbFendley is authorized to begin work on this project immediately upon receipt of Client's signature on this Authorization and any additional authorizations that may be required from the property owner. Any delay by Owner or Client in providing proper and sufficient documents may delay CobbFendley's performance of its services, in which case CobbFendley shall be entitled to an extension of time to complete those services. FURTHER AGREEMENTS CobbFendley agrees to submit monthly invoices to your office by the day of each month, and your office agrees to incorporate said invoices into CLIENT'S your current monthly billing cycle. (CLIENT TO FILL IN DAY OF MONTH ABOVE) INITIALS CLIENT agrees to pay CobbFendley for services provided regardless of the status of land transactions, loans from lending institutions, and other CLIENT'S OWNER/CLIENT activities outside the control of CobbFendley. INITIALS AUTHORIZATION Execution of this document and return by e-mail or facsimile to CobbFendley will serve as authorization for CobbFendley to perform the above services and the Client agrees to pay the fees referenced above. Activities associated with the services will not commence until CobbFendley receives this document executed by the responsible party. This proposal is void if not accepted within thirty days of the date hereon. We look forward to serving you on this project. Sincerely, This proposal accepted by: COBB, FENDLEY &ASSOCIATES, INC. QUORUM ARCHITECTS, INC. Charles M. Eastland, P.E. Signature Vice President Print Name Title Date of Authorization D:\LANDDEV\PROJECT MANAGEMENT\PROPOSALS\2019\1907-012-01-00-P01.DOCX COBBFENDLEY CLIENT City of Pearland New Animal Shelter CobbFendleyENles Page 7 of 11 GENERAL TERMS AND CONDITIONS OF THE AUTHORIZATION FOR PROFESSIONAL SERVICES 1. DIRECT EXPENSES CobbFendley's direct expenses shall be those costs incurred on or directly for the CLIENT'S project, including but not limited to necessary transportation costs including mileage at the current IRS rate, meals and lodging, laboratory tests and analyses, and printing and binding charges. These direct expenses shall be billed in accordance with the attached rate schedule. 2. OUTSIDE SERVICES When technical or professional services are furnished by an outside source, when approved by the CLIENT, an additional amount shall be added to the cost of these services by CobbFendley to cover CobbFendley's administrative costs, as provided in the attached CobbFendley rate schedule. 3. COST PROJECTIONS If included in CobbFendley's scope of services, opinions or estimates of probable construction costs are prepared on the basis of CobbFendley's experience and qualifications and represent CobbFendley's judgment as a professional generally familiar with the industry. However, since CobbFendley has no control over the cost of labor, materials, equipment or services furnished by others, over contractor's methods of determining prices, or over competitive bidding or market conditions, CobbFendley cannot and does not guarantee, represent or warrant that proposals, bids, or the actual construction cost will not vary from CobbFendley's opinions or estimates of probable construction cost. 4. PROFESSIONAL STANDARDS CobbFendley agrees to perform its services in accordance with the standard of professional care used by other practicing professional engineers of ordinary prudence in the same field of engineering and performing the same type of work in CLIENT'S community under the same or similar circumstances. CobbFendley makes no other warranty, expressed or implied. 5. TERMINATION Either CLIENT or CobbFendley may terminate this authorization by giving 30 days written notice to the other party. In such event, CLIENT shall forthwith pay CobbFendley in full for all work previously authorized and performed prior to effective date of termination. If no notice of termination is given, the relationships and obligations created by this Authorization shall be terminated upon completion of all applicable requirements of this Authorization. Failure by Client to make payments when due shall be cause for suspension of services or, ultimately, termination, unless and until CobbFendley has been paid in full all amounts due for services, expenses and other related charges, including interest on past due amounts. 6. OWNERSHIP OF DOCUMENTS All documents prepared or furnished by CobbFendley pursuant to this Agreement are instruments of CobbFendley's professional service, and CobbFendley shall retain an ownership and property interest therein, including all copyrights. CobbFendley grants Client a license to use instruments of CobbFendley's professional service for the purpose of constructing, occupying or maintaining the project. Reuse or modification of any such documents by Client, without CobbFendley's written permission, shall be at Client's sole risk, and Client agrees to indemnify and hold CobbFendley harmless from all claims, damages and expenses, including attorneys' fees, arising out of such reuse by Client or by others acting through Client. D:\LANDDEV\PROJECT MANAGEMENT\PROPOSALS\2019\1907-012-01-00-P01.DOCX COBBFENDLEY CLIENT City of Pearland New Animal Shelter CobbFendleyiorlees Page 8 of 11 7. USE OF ELECTRONIC DOCUMENTS Copies of documents that may be relied upon by Client are limited to the printed copies (also known as hard copies) or fully-scaled PDF files that are signed and sealed by CobbFendley's authorized design professionals. Files in electronic formats, or other types of information furnished by CobbFendley to Client such as text, data or graphics, are only for convenience of Client. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. When transferring documents in electronic formats, CobbFendley makes no representations as to long-term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems or computer hardware differing from those in use by CobbFendley at the beginning of this project. 8. HAZARDOUS ENVIRONMENTAL CONDITIONS CobbFendley shall have no liability or responsibility for the discovery, presence, handling, removal, disposal, cleanup, or exposure of persons or other property to underground substances, hazards, or conditions or other latent substances, hazards or conditions (including but not limited to contaminants, pollutants, chemicals or other hazardous or toxic solids, liquids or gases of any kind), Client acknowledges that CobbFendley is performing professional services for Client and CobbFendley is not and shall not be required to become an"arranger,""operator,""generator"or"transporter"of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA) 9. FORCE MAJEURE Neither party shall be deemed in default of this agreement to the extent that any delay or failure in the performance of its obligations results from any cause beyond its reasonable control and without its negligence. 10. CONSTRUCTION PHASE SERVICES If this Agreement provides for any construction phase services by CobbFendley, it is agreed that the Contractor, not CobbFendley, is responsible for the construction of the project, and that CobbFendley is not responsible for the acts or omissions of any contractor, subcontractor or material supplier; for safety precautions, programs or enforcement; or for construction means, methods, techniques, sequences and procedures employed by the Contractor. CobbFendley shall not be obligated to make exhaustive or continuous on-site inspections to check the quality or adequacy of construction or to verify that the work or materials of any contractor, subcontractor or materials supplier is in compliance with the plans and specifications. 11. LIMITATION OF LIABILITY FOR DAMAGES IN THE EVENT THAT CLIENT SHALL MAKE ANY CLAIM OR FILE ANY SUIT FOR DAMAGES AGAINST COBBFENDLEY ARISING OUT OF OR RELATED TO COBBFENDLEY'S PERFORMANCE OR NON-PEFORMANCE OF THE SERVICES TO BE PROVIDED UNDER THIS AGREEMENT, COBBFENDLEY'S LIABILITY TO CLIENT FOR ANY SUCH DAMAGES SHALL BE LIMITED TO ACTUAL AND DIRECT DAMAGES TO THE LIMITS OF COBBFENDLEY'S INSURANCE COVERAGE. COBBFENDLEY SHALL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST BUSINESS OPPORTUNITIES, ADDITIONAL OVERHEAD, OR DAMAGES FOR LOSS OF USE OR LOSS OF PRODUCTIONPRODUCTION. 12. ALTERNATIVE DISPUTE RESOLUTION In the event that any dispute shall arise between Client and CobbFendley regarding the parties rights or obligations under this Agreement, the parties shall, as a condition precedent to taking any action against one another make a good faith effort to resolve such disagreements by negotiation and/or non- binding mediation. D:\LANDDEV\PROJECT MANAGEMENT\PROPOSALS\2019\1907-012-01-00-P01.DOCX COBBFENDLEY CLIENT City of Pearland New Animal Shelter CobbFendleyiatiorles Page 9 of 11 13. LEGAL EXPENSES In the event that legal action is brought by CLIENT or CobbFendley against the other party to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for fees, costs and expenses as may be set by the court. 14. PAYMENT TO COBBFENDLEY Monthly invoices will be issued by CobbFendley for all work performed under the terms of this agreement. Invoices are due and payable upon receipt. Interest at the rate of 1.5% per month may be charged on all amounts not paid within thirty (30) days after receipt, unless not permitted by law, in which case, interest will be charged at the highest amount permitted by law. If CLIENT is not the OWNER, CLIENT agrees to pay CobbFendley within 10 working days of receipt of payment from OWNER. Pending resolution of any dispute concerning any portion of any invoice submitted by CobbFendley, all undisputed portions shall be paid in accordance with this paragraph. Progress payments on CobbFendley fees for percentage of project complete and out-of-pocket expenses incurred will be due and payable upon receipt of invoice at the end of each month. Should invoices not be paid within thirty(30)days from date of invoice, interest thereon at a rate equal to 1.5% per month on the unpaid balance shall be added each month to the sum shown as due by the invoice beginning with the date of invoice. If payment is not received within 45 days from date of invoice, CobbFendley retains the right to cease further work on the project until such time that the overdue invoices are paid. CobbFendley also retains the right to withhold final approved plans and other deliverables until all overdue invoices are paid. 15. AUTHORIZATION OF OWNER Client hereby authorizes CobbFendley to enter upon the property for the purpose of conducting CobbFendley services thereon. If Client is not the Owner of the property, Client agrees to obtain such authorization from the Owner and provide same in writing to CobbFendley. 16. CONTRACT DOCUMENTS This signed Authorization, together with the attached General Terms and Conditions of the Authorization for Professional Services and CobbFendley Rate Schedule contains the entire and integrated agreement between Client and CobbFendley and supersedes all prior negotiations, representations or agreements, either written or oral. This agreement may only be amended by written instrument signed by both parties. 17. SALES TAX To the extent that state sales taxes apply to any of the services or materials to be provided hereunder, such taxes are in addition to and are not included in the proposed fees of this Authorization. 18. BENEFICIARIES AND ASSIGNMENT This agreement is made for the sole benefit of Client and CobbFendley and nothing in this agreement shall create a contractual relationship or cause of action in favor of any third party against either Client or CobbFendley. This agreement may not be assigned without the written consent of both Client and CobbFendley. D:\LANDDEV\PROJECT MANAGEMENT\PROPOSALS\2019\1907-012-01-00-P01.DOCX COBBFENDLEY CLIENT City of Pearland New Animal Shelter CobbFendley Authorization for Professional Services �r Page 10 of 11 2019 STANDARD RATE SCHEDULE Senior Engineer V or Principal $290.00/HR Senior Engineer IV or Project Manager V $270.00/HR Senior Engineer III or Project Manager IV $235.00/HR Senior Engineer II or Project Manager III $220.00/HR Senior Engineer I or Project Manager II $195.00/HR Engineer III or Project Manager I $170.00/HR Engineer II $150.00/HR Engineer I $125.00/HR Senior Technician III (GIS, Telecom, Utility, CAD, Field) $165.00/HR Senior Technician ll (GIS, Telecom, Utility, CAD, Field) $145.00/HR Senior Technician I (GIS, Telecom, Utility, CAD, Field) $125.00/HR Technician III (GIS, Telecom, Utility, CAD, Field) $100.00/HR Technician II (GIS, Telecom, Utility, CAD, Field) $80.00/HR Technician I (GIS, Telecom, Utility, CAD, Field) $60.00/HR Licensed State Land Surveyor $235.00/HR Registered Professional Land Surveyor $170.00/HR 4 Person Survey Crew $190.00/HR 3 Person Survey Crew $170.00/HR 2 Person Survey Crew $145.00/HR 1 Person Survey Crew $105.00/HR 2 Person Hy-Drone Crew $340.00/HR 2 Person UAV Drone Crew $235.00/HR Construction Manager III $280.00/HR Construction Manager II $230.00/HR Construction Manager I $185.00/HR Construction Observer III $155.00/HR Construction Observer II $130.00/HR Construction Observer I $110.00/HR Sr. Right-of-Way Agent III or ROW Project Manager III $250.00/HR Sr. Right-of-Way Agent II or ROW Project Manager II $200.00/HR Sr. Right-of-Way Agent I or ROW Project Manager I $180.00/HR Right-of-Way Agent III or ROW Attorney $160.00/HR Right-of-Way Agent II $140.00/HR Right-of-Way Agent I $110.00/HR Administrative $105.00/HR Clerical $80.00/HR Field Data Device $40.00/HR/unit D:\LANDDEV\PROJECT MANAGEMENT\PROPOSALS\2019\1907-012-01-00-P01.DOCX COBBFENDLEY CLIENT City of Pearland New Animal Shelter C®bbFendle Authorization for Professional Services y Page 11 of 11 SUBSURFACE UTILITY ENGINEERING Two-Man Designating Crew (4-Hour Minimum) $170/HR One-Man Designating Crew (4-Hour Minimum) $110/HR Vacuum Excavation Truck with 2 Technicians (Vac 6000) (4-Hour Minimum) $315/HR Vacuum Excavation Truck with 2 Technicians (Vac 3000 &4000) (4-Hour Minimum) $295/HR Ground Penetrating Radar with 1 Technician (4-Hour Minimum) $260/HR Traffic Control Officer @ Cost+ 10% Traffic Control (Lane Closures, etc.) To Be Negotiated Permits (Local, State, etc.) @ Cost+ 10% Designation, Location &Traffic Control Vehicles $6.50/Mile REIMBURSABLE EXPENSES Technology Fee (*) $3.75/HR Consultant or Specialty Contractor (Outside Firm) @ Cost + 10% Courier, Special Equipment Rental @ Cost+ 10% Reasonable Out of Town Travel Expenses (Air, Hotel, Rental, etc.) @ Cost Mileage (Standard Car or Truck) IRS Approved Rate Per Diem for Out of Town Travel (Per Day/Person) GSA Standard Rate/Day Title Plant Charges @ Cost+ 10% Other Misc. Expenses Related to the Project @ Cost+ 10% In-House Reproduction: > Copies (Up to 11"x 17") $0.15/Each > Color Prints(Up to 11"x 17") $1.50/Each • Color Prints (Larger than 11"x 17") $3.00/Sq. Ft. > Bluelines (All Sizes) $1.00/Each > Bond Prints (All Sizes) $2.00/Each > Mylar Prints $12.00/Each > Vellum Prints $9.00/Each (*)Technology charges added to each billable man-hour. D:ILANDDEVIPROJECT MANAGEMENT\PROPOSALS 1201911907-012-01-00-P01.DOCX COBBFENDLEY CLIENT . Z q t integration studio David Duman, AIA Quorum Architects, Inc. 707 West Vickery Blvd, Suite 101 Fort Worth, Texas 76104-1197 David, Here is my proposal for Design Services for the Pearland Animal Shelter in Pearland, Texas. Task One: LANDSCAPE CONCEPT Meet with the Architect to gather site information and prepare a Landscape Concept for presentation to the Client. Design will focus more intensive landscape treatment at entry and frontage areas. Fee: $3,800 Task Two: LANDSCAPE PLANS SITE will create Landscape Plans for the site following City of Pearland ordinance requirements using regionally hardy plant types. Respond to any comments from the City to gain approval. Once approved final Plans will show the location and description of all plant material along with plant list, notes and details necessary for construction. Fee: $6,400 Task Three: IRRIGATION PLANS Following approval of the Landscape Plan, SITE will create an Irrigation Plan for all landscape areas. Drawings will show a complete automatic system including head layout, valves, piping, and controller. Irrigation details and construction notes will be developed for the designed system. Fee: $2,800 Task Four: CONSTRUCTION SERVICES - LANDSCAPE INSPECTIONS Review submittals for landscape and irrigation. Inspect site at completion of landscape and irrigation to determine adherence to the drawings. Submit Punch list to Contractor. Perform Final Inspection and prepare final concurrence letter. Fee: $3,000 7529 Cross Gate Way Tyler,TX 75703 512-632-3822 Page 2 Additional Services Trips to the City for project approval will be performed on an hourly basis. Rate $110/hour. Quorum Architects, Inc. Date John F. Murphy, ASLA, CCS Date Site Integration Studio, LLC The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional practices of persons registered as Landscape Architects in Texas. TBAE 333 Guadalupe Street Suite 2-350 Austin,TX 78701 512-305-9000 7529 Cross Gate Way Tyler,TX 75703 512-632-3822 ACS CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYVY) 6/25/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCERCONTACT McLaughlin Brunson NAME: Joe Bryant A Risk Strategies Company PHONE FAX 12801 N CENTRAL EXPY, STE 1710 (A/C. /C.No.Ext): (214)503-1212 (A/C,No): (214)503-8899 Dallas, TX 75243 ADDRESS: certificate@mclaughlinbrunson.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: XL Specialty Insurance Company 37885 INSURED INSURER B: Travelers Indemnity Company 25658 Quorum Architects, #101 Inc. 707 W Vickery Blvd, INSURER c: Travelers Indemnity Co of America 25666 Fort Worth TX 76104-1142 INSURER D: Travelers Property Casualty Co of Amer 25674 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 49488458 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MMIDD/YYYY) D ✓ COMMERCIAL GENERAL LIABILITY ,/ ✓ 6801H706462 8/25/2018 8/25/2019 EACH OCCURRENCE $2,000,000 DAMAGE TO RETED CLAIMS-MADE ,/ OCCUR PREMISES(Ea occurrence) $2,000,000 ✓ X,C,U MED EXP(Any one person) $0 000 PERSONAL&ADV INJURY $2,000,000 GE 'L AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY ✓ jE LOC PRODUCTS-COMP/OP AGG $4,000,000 OTHER: $ C AUTOMOBILE LIABILITY ✓ ✓ BA4333L109 8/25/2018 8/25/2019 0 aBcideDtSINGLE LIMIT $1,000,000 ✓ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS ✓ HIRED AUTOS ONLY ✓ AUTOS ONLY (Peer a cidTnDAMAGE B / UMBRELLA LIAB V OCCUR ✓ ,/ CUP1C152305 8/25/2018 8/25/2019 EACH OCCURRENCE $1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000,000 DED ✓ RETENTION$10,000 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVEN/A E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? - - - ------- (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liability ,/ DPR9940069 3/27/2019 3/27/2020 Per Claim/Annual Aggregate $2,000,000 Pollution Liability DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The claims made professional liability coverage is the total aggregate limit for all claims presented within the annual policy period and is subject to a deductible.Thirty(30)day notice of cancellation in favor of certificate holder on all policies.City of Pearland is named as additional insured on the general,auto,and umbrella liability coverage as required by written contract.A waiver of subrogation is shown in favor of the additional insured on all policies as required by written contract. CERTIFICATE HOLDER CANCELLATION Citof Pearland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3519 Liberty_Drive ACCORDANCE WITH THE POLICY PROVISIONS. Pearland T 77581 AUTHORIZED REPRESENTATIVE 22 4. t!C3� Joe Bryant ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 49488458 119/20 GL/AL/UL/PL I Joy Carlson 16/25/2019 10:05:31 AM (EDT) I Page 1 of 1 DATE(MM/DD/YYYY) A�®® CERTIFICATE OF LIABILITY INSURANCE 06/20/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Lockton Companies for CoAdvantage PHONE 866 854-5423 FAX 444 West 47th Street#900 IAM No.Ext\: ( ) (A1C,No): Kansas City,MO 64112 ADDRESS: coi@coadvantage.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: American Zurich Insurance Company 40142 INSURED INSURER B: CoAdvantage Corporation 3350 Buschwood Park Drive#200 INSURER C: Tampa,FL 33618 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:19FL090926131 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER (MMIDD/YYYY) IMM/DD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCEDAMAGE TO $ CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO- CT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY _ AUTOS ONLY (Per accident) UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION X AND EMPLOYERS'LIABILITY STATUTE OTH- ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBEREXCLUDED? N/A WC 56-11-942-05 04/01/2019 04/01/2020 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 Location Coverage Period: 04/01/2019 04/01/2020 Client# 21926-TX DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Alt. Emp:Quorum Architects, Inc Coverage is provided for only those co-employees 707 W VICKERY BLVD STE 101 of,but not subcontractors FORT WORTH,TX 76104 to: CERTIFICATE HOLDER CANCELLATION City of Pearland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 3519 Liberty Drive THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Pearland,TX 77581-5416 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 4M ©1988-2015 ACORD CORPORATION. All rights reserved.