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R2019-291 2019-11-25 RESOLUTION NO. R2019-291 A Resolution of the City Council of the City of Pearland, Texas, authorizing a contract for design services with Elliot, LeBoeuf&McElwain, in the amount of $128,550.00, associated with the Fire Training Burn Building Project(Veterans Dr. south of Walnut Street). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract for engineering design services associated with the Fire Training Burn Building Project, 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 engineering design services associated with the Fire Training Burn Building Project. PASSED, APPROVED and ADOPTED this the 25th day of November, A.D., 2019. g f, TOM REID I MAYOR ATTEST: • , MARIA RODRIGUEZ INTERIM CITY SECRETARY I APPROVED AS TO FORM: &--- DARRIN M. COKER CITY ATTORNEY CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into upon final execution by and between the City of Pearland ("CITY") and Elliott, LeBoeuf&McElwain("CONSULTANT"). The CITY engages the CONSULTANT to perform professional services for a project known and described as Fire Training Burn Building Phase 1 ("PROJECT"). (Project#FA2003) 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 engineering 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 May 31, 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) $77,150.00 2. Additional Services shall require independent and specific authorization and shall be billed as (Lump Sum): $7,050.00 3. Bid Phase Services(Hourly Not to Exceed) $4,400.00 4. Construction Phase Services (Hourly Not to Exceed) $37,450.00 5. Reimbursable Expenses (Not to Exceed) $2,500.00 6. Total: $128,550.00 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 run 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 8001 Forbes Place, Suite 201, Springfield, VA 22151. 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 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. 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 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. SECTION VIII-SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto. /z Jet ITY 0 RLAND, TEXAS DATE CO SULTANT DATE p1. LE 130 C j ri— Design 6 of 7 D2 Revised 04/2019 House Bill 89 Verification I, Ro6E.fk vF- (Person name), the undersigned re resentative (hereafter referre to as "Representative") of L: 0,107-7-/ LLiao OF 4 &EL.yVA1N, P. 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 specifical ith Israel, or with a person or entity doing business in Israel or in an Israeli-controlled ter ory, but d \not include an action made for ordinary business purposes. SIGNA URE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this I. '_K day of Novae/p, , 2019 . v. 4 �,� t� q). . C9( 84281:00 Notary Public owns a2/02 -ANY Design 7 of 7 D2 Revised 04 2019 Phone(703)321-2100 Fax(703)321-2112 1 Elliott, LeBoeuf & McElwain 8001 Forbes Place Suite 201 Springfield,VA 22151 www.elaengineers.com November 14,2019 Susan Johnson City of Pearland,Engineering&Capital Projects 3519 Liberty Drive Pearland,TX 77581 RE: Pearland,TX Fire Training Center Phase 1 Fire Training Burn Building Design and C/A Services EL&M No. 18026-01 Dear Susan, We are pleased to present to you this revised proposal for the design and construction phase services for a new live fire training structure ("burn building").This proposal includes our fee, which services are included for that fee,and which items are excluded from our services. The following consultants are part of our team: Civil Hart,Gaugler+Associates,Inc., of Dallas,TX Geotechnical Terracon Consultants,Inc.,of Houston,TX MEP DFW Consulting Group,of The Woodlands,TX Please let us know if you require qualifications materials for our team. Please contact me if you have any questions or need additional information.We look forward to working with you on this next phase of the project. Sincerely, I‘;A.4.0 Roger M. LeBoeuf,P.E. President Enclosures: Price Quote and Conditions Scope of Work Consultants' proposals 1 Price Quote and Conditions Based on the scope of work listed on the following pages, Elliott, LeBoeuf&McElwain (EL&M) proposes to provide engineering services for the following fee plus reimbursable expenses. Company Phase EL&M HGA Terracon DFW Total (Prime) (Civil) (Geotech) (MEP) Basic Services Pre-dev mtg. and $0 $2,800 $0 $0 $2,800 permit application Design Development $23,600 $5,625 $0 $2,000 $31,225 Construction Docs. $32,000 $8,025 $0 $3,100 $43,125 Bidding $3,500 $500 $0 $400 $4,400 C/A $29,700 $4,550 $0 $3,200 $37,450 Total Basic Svcs. $88,800 $21,500 $0 $8,700 $119,000 Additional Services Geotechnical Testing $0 $0 $7,050 $0 $7,050 Total Add'I. Svcs. $0 $0 $7,050 $0 $7,050 Estimated Reimbursable Expenses EL&M $2,200 HGA(Civil) $0 Terracon (Geotech) $0 DFW(MEP) $300 Total Est. Expenses $2,500 Grand Total $128,550 Page No. 1 10 Price Quote and Conditions Additional Services Fee: Hourly: Additional services will be provided on an hourly basis unless otherwise negotiated. EL&M's Hourly rates shall be those that prevail at the time the additional services are rendered. EL&M's current hourly rates are shown below and will not be increased before January 1, 2020: Sr. Engineer $220 Engineer/ Designer $150 Drafter $110 Admin. $80 Hourly rates of consultants are shown on their attached proposals. Page No. 2 Scope of Work Basic Services: 1. Provide engineering design and analysis,with exceptions noted below, for a burn building to be placed on a prepared site in Pearland,TX. The burn building will be a two-story,reinforced concrete structure used for live fire training in accordance with NFPA 1403, utilizing Class A fires. The structure will be approximately 2,800 square feet with a construction budget of$1,070,000.00 (not including soft costs). 2. Provide complete set of engineering drawings,with exceptions noted below, for a burn building to be constructed on a level, prepared site in Pearland,TX. We estimate that this burn building will require 20 to 24 sheets of 24" x 36" drawings. 3. Provide set of technical specifications,with exceptions noted below,for the burn building,including concrete,masonry,miscellaneous metals,and thermal linings. 4. Provide estimate of probable construction cost for the portions of the burn building designed by EL&M. 5. Attend (1) in-person meeting with Client and Owner. Subsequent meetings would be covered by conference calls/WebEx and are included. 6. Coordinate burn building design with MEP and civil engineers. 7. Civil engineering tasks, drawings, and specifications, as written in HGA's attached proposal. 8. MEP drawings and specifications for site lighting, electrical receptacles in the burn building, and a dry training standpipe in the burn building,as written in DFW's attached proposal.All other MEP items are assumed unnecessary and are excluded. 9. Attach Client's General Conditions, contract between Owner and Builder, Bid Form, and front-end specifications (Divisions 0 and 1) to the front of the technical specifications prepared by the design team. 10. Assist with explaining to permitting official and city engineering office that the burn building is a training prop,not an occupied building. 11. General consultation necessary to coordinate project,answer questions from Owner and Client,and generally assist forward progress of design process. 12. Provide documents at submissions as follows: a. DDs/60%CDs: (3) 11x17 hard copies of drawings, no project manual,and upload PDF files of drawings to Owner's online project management system (Manage-It). b. 90%CDs: (3) 11x17 hard copies of drawings, one hard copy of project manual,and upload PDF files of drawings and project manual to Owner's online project management system (Manage-It). c. 100%Permit Set:Upload PDF files of drawings and project manual to Owner's online project management system (Track-It). Page No. 1 Scope of Work d. Final CDs/Bid Set/Construction Set: i. Upload PDFs of drawings and project manual to Owner's online bid system (E-Bid). ii. Provide (1) full-size hard copy of drawings with sealed cover sheet for record purposes. iii. Provide (1) full size hard copy of drawings without seals for Contractor to keep Record Document notes during construction. iv. Provide (5) hard copies of Project Manual for Contractor and City to execute, including Contractor name,price,bond information,and other project- specific information included in the Manual. 13. During Bidding Phase: a. Be available for conference call during pre-bid conference. b. Respond to Bidders' RFIs and modify Construction Documents,if required to answer the RFIs. 14. During Construction Phase: a. Be available via conference call/WebEx during pre-construction conference. b. Be available via conference call/WebEx for construction progress meetings. It is assumed that there will be no more than 2 meetings per month for an 8-month construction period. c. Review shop drawings and material submittals. d. Make (2) burn building site visits during construction with written report, including one at the end of construction to provide a punch list. e. Make (2) civil site visits. f. Make (1) MEP site visit. g. Respond to the Contractor's technical RFIs (Requests For Information). h. Review materials testing reports. i. Review contractor payment applications using photographs and Owner progress reports to determine Contractor's progress. Additional Services: 1. Geotechnical investigation and report, consulting,and LPile analysis,as written in Terracon's attached proposal. Page No. 2 '` Scope of Work Notes about Construction Phase Services: 1. Shop drawing and submittal review shall be for general conformance with the information given and design concept expressed in the Contract Documents. This review shall not include review of the accuracy or completeness of details, such as quantities,dimensions,weights, fabrication processes, construction means or methods, coordination of the work with other trades or construction safety precautions, all of which are the sole responsibility of the Contractor. EL&M shall not be responsible for any deviations from the Construction Documents not brought to the attention of EL&M in writing by the Contractor. EL&M shall not be required to review partial submissions. 2. Site visits are to observe the progress of construction and to review the work for general conformance to the Construction Documents. 3. EL&M shall not supervise, direct, or have control over the Contractor's work nor have any responsibility for the construction means,methods,techniques, sequences, or procedures selected by the Contractor, nor for the Contractor's safety precautions or programs in connection with the Work. These rights and responsibilities are solely those of the Contractor. EL&M shall not be responsible for any acts or omissions of the Contractor, subcontractor, any entity performing any portions of the Work, or any agents or employees of any of them. EL&M does not guarantee the performance of the Contractor and shall not be responsible for the Contractor's failure to perform its Work in accordance with the Construction Documents or any applicable laws, codes, rules, or regulations. Items not included in EL&M's Basic or Additional Services: 1. Civil Engineering services beyond the scope listed in HGA's attached proposal. 2. Geotechnical Engineering services during construction phase and services beyond the scope listed in Terracon's attached proposal. 3. Mechanical, electrical, and plumbing design services beyond the scope listed under Basic Services and in DFW's attached proposal. 4. Printing and copying of drawings and specification sets other than listed under Basic Services 5. Project management services,including but are not limited to: a. Bidding the project,including advertising. b. Negotiating a contract with the General Contractor. c. Administering the contract during construction. d. Visiting the site frequently to observe progress and to confirm that the Work generally conforms to the requirements of the drawings and specifications. Page No. 3 Scope of Work 6. Construction phase materials testing and inspections,which will be required in the technical specifications but not performed by the design team, including but not limited to foundation subgrade testing, soil compaction testing, other geotechnical testing, concrete testing,rebar placement inspections, masonry inspections,and masonry testing. Limitations on the design: 1. The burn building will meet or exceed the standard of care for burn building design. It will be subjected to a harsh training environment that includes high temperatures, thermal shock, direct hose streams,abuse from tools and equipment,and repetitive fires. 2. The structural elements of the burn building will be protected with thermal linings that will protect the structural elements only. EL&M does not warrant the linings or any other component. 3. Periodic maintenance will be required for the burn building. The Owner should plan on and budget for such maintenance. 4. Although all portions of the burn building will require periodic maintenance,the items that will likely require the most frequent maintenance are: a. Non-structural masonry walls-these walls will be exposed to live fires and will gradually crack and deteriorate, starting with the first live fire training evolution. Since the walls will be non-structural, the damage should not cause significant concern until the wall appears to become unstable. At that time, only the significantly damaged portions would require replacement.A local mason using regular masonry and mortar can perform this maintenance. It is anticipated that near burn areas,this maintenance would be required every 3 to 10 years.Away from burn areas, every 15 to 20 years or more. b. Doors and shutters can deteriorate and warp, especially if fires are placed near these items. When damaged or warped to the point of not functioning or being unsafe,these items will require replacement. It is recommended that fires be placed away from doors and shutters to maximize their durability. 5. EL&M has no control over how the burn building is used. It is the Owner's responsibility to maintain the burn building and to use it in a safe manner during training evolutions in accordance with NFPA and other standards. Page No. 4 HART GAUGLER + ASSOCIATES Notice of Additional Services Please Review Immediately To: Roger LeBoeuf From: John Blacker Company: Elliott, LeBoeuf& McElwain Date: October 2, 2019 Project: Pearland Fire Training Center Project No. 218186 Below is a description of work for your project. This work will be performed at our posted hourly rates or the lump sum amount shown. To ensure that we agree,and in the interest of good communication, please indicate below that you approve or disapprove these services as soon as possible and fax it back to the Engineer(972)239- 5055. Since time is of the essence on your project,we will be pleased to begin providing these additional services immediately upon our receipt of your scan with your signature,or that of your representative. Thank you. Scope of Services This add service is for the Phase 1 burn building addition Task A— Predevelopment Meeting and Permit Application HGA will apply for and attend the predevelopment meeting for the referenced project. We will also coordinate with city staff in preparation of the permit application and permit submittals. Task B—Civil Construction Documents HGA will prepare construction drawings including the following: A. Site Plan— HGA will prepare the required Site Plan for submittal during the permit process. The Site Plan will be based on the master plan and will be prepared in accordance with City criteria. B. Paving Plan/Dimension Control Plan — HGA will prepare a paving plan/dimension control plan to be used by the Contractor for building and pavement layout. This plan will show coordinate points for property corners and dimensional ties between buildings, parking, roadway, and property lines. The paving plan that will show pavement sections as provided by the geotechnical engineer. C. Drainage Area Map—HGA will prepare a drainage area map for the subject drainage basin detailing the existing and proposed drainage patterns. These calculations will be prepared in accordance with the published City drainage criteria and will be submitted to the City review. HGA does anticipate storm water detention therefore HGA has included storm water detention analysis of the existing detention pond system in the scope of this agreement. HGA assumes that no downstream assessment or flood study will be required. D. Grading Plan — HGA will prepare a grading plan showing grading for the building and pavement addition. The plan will show existing and proposed contours, spot elevations, and the elevation of the proposed structures. E. Storm Drainage Plan — HGA will prepare a storm drainage plan for the building and pavement addition as required. F. Water and Sanitary Sewer Plan-HGA does not anticipate any water or sanitary sewer plans during this phase. G. Erosion Control Plan—HGA will prepare an erosion control plan that will show proposed temporary measures (to be installed by the contractor) to impede sediment from being carried to adjacent properties during construction. H. Details - HGA will prepare details for the civil site construction and will refer to appropriate City standard details in the construction documents. 12801 N.Central Expressway • Suite 1400 • Dallas,TX 75243 • Voice 972-239-5111 HART GAUGLER + ASSOCIATES I. Construction Notes and Specifications - Construction notes will be included on the plans. Specifications will be CSI format and will be formatted per Architect's header and footer. J. Permitting and Approvals- HGA will submit the civil construction drawings to the City of Pearland for review and permitting. Permitting and application fees will be paid directly by the Client. K. Project Meetings - HGA will meet with city staff to obtain as-built plans and coordinate project approach. This task also includes site visits to the property and meetings with the client during design and to review the final design. Submittals are expected at 100% CD/Issue for Bid. HGA will submit one (1) set of the drawings and PDF electronic files noted above to the Client to be included into the construction drawing sets at each submittal. HGA understands that the Project Architect will provide all ADA related details and will process the ADA reviews. Task C—Construction Phase Services HGA will provide professional construction phase services as specifically stated below: Preconstruction Meetings and General Meetings-HGA will attend a preconstruction meeting and general meetings as required by the contractor and owner. Visits to Site and Observation of Construction- HGA will provide on-site construction observation services during the construction phase. HGA will make visits at intervals as directed by Client in order to observe the progress of the Work and will provide a field report after each visit. Such visits and observations by HGA are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress. Observations are to be limited to spot checking, selective measurement, and similar methods of general observation of the Work based on HGA's exercise of professional judgment. Based on information obtained during such visits and such observations, HGA will evaluate whether Contractor's work is generally proceeding in accordance with the Contract Documents, and HGA will keep Client informed of the general progress of the Work. The purpose of HGA's site visits will be to enable HGA to better carry out the duties and responsibilities specifically assigned in this Agreement to HGA, and to provide Client a greater degree of confidence that the completed Work will conform in general to the Contract Documents. HGA shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work, nor shall HGA have authority over or responsibility for the means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction selected by Contractor, for safety precautions and programs incident to Contractor's work, nor for any failure of Contractor to comply with laws and regulations applicable to Contractor's furnishing and performing the Work. Accordingly, HGA neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. Shop Drawings and Samples-HGA will review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs. Clarifications and Interpretations-Consultant will respond to reasonable and appropriate Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents to Client as appropriate to the orderly completion of Contractor's work. Any orders authorizing variations from the Contract Documents will be made by Client. Final Notice of Acceptability of the Work-Consultant will conduct a final site visit to determine if the completed Work of Contractor is generally in accordance with the Contract Documents and the final 12801 N.Central Expressway • Suite 1400 • Dallas,TX 75243 • Voice 972-239-5111 HART GAUGLER + ASSOCIATES punch list so that Consultant may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, Consultant shall also provide a notice that the Work is generally in accordance with the Contract Documents to the best of Consultant's knowledge, information, and belief based on the extent of its services and based upon information provided to Consultant upon which it is entitled to rely. Limitation of Responsibilities-Consultant shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing the Work. Consultant shall not have the authority or responsibility to stop the work of any Contractor. FEES Our fees for providing these services are: Task A— Predevelopment Meeting and Permit Application $ 2,800(Lump Sum) Task B—Civil Construction Documents $ 12,400 (Lump Sum) Task C—Construction Phase Services $ 3,800 (Lump Sum) Reimbursable estimate based on 4 trips $ 2,500 SIGNED: SIGNED: H , Gaugler& Associates, Inc. DATE: 12801 N.Central Expressway • Suite 1400 • Dallas,TX 75243 • Voice 972-239-5111 3PDConsulting Group,Inc. Houston Mechanical Electrical Plumbing.Engineering 25700 1-45 N Suite 4028 The Woodlands,TX 77386 October 3,2019 Mr. Roger LeBoeuf Elliot,LeBoeuf&McElwain 8001 Forbes Place,Suite 201 Springfield,VA 22151 RE: Pearland Fire Training Burn Building Proposal for Electrical/Fire Protection Engineering Consulting Services Roger: Thank you for the opportunity to present our proposal to provide the Electrical and Fire Protection engineering services for this project. We propose to provide the services outlined below: PROJECT DESCRIPTION: We understand the burn building to be a multi-level tower for fire fighter training.The scope of work will consist of site pole lighting around the building and electrical outlets on the exterior of various levels of the building,as well as a dry training standpipe to be installed in the stairwell of the building. Power will be coordinated with HGA. ENGINEERING SCOPE OF SERVICES A. Construction Document Phase: Services: 1. Participate in up to two(2)coordination calls with the design team. 2. Prepare electrical, and fire protection plans and specifications suitable for bidding, permitting, and construction. 3. Prepare energy code compliance documents. Deliverables: 1. One(1) progress printing of the Construction Document drawings and specifications. 2. One (1) 100% final printing of the Construction Document drawings and specifications in electronic format suitable for pricing and construction. 3. Energy code compliance certificates for lighting. B. Bid/Negotiation Phase: 1. Respond to questions during bidding/negotiation. 2. Issue addenda as required. 3. Review contractor's bid for conformance to the design documents. C. Construction Administration Phase: Services: 1. Respond to RFIs to clarify the intent of the Construction Documents. 2. Review MEP submittals and shop drawings for conformance to the Construction Documents. 3. Attend one punch list walk-through to confirm conformance to the design documents. Deliverables: 1. MEP punch list. Dallas/Fort Worth I Houston Pearland Fire Training Burn Building Proposal for Electrical/Fire Protection Engineering Consulting Services ASSUMPTIONS • Electronic plans will be provided to us in AutoCAD format: floor plans,site plans, power plans,and lighting plans as well as selections for light fixtures. Final background updates will be received no later than five(5)business days prior to drawing issue. • Electronic or printed copies of all available existing campus Architectural, Mechanical, Electrical, Plumbing,and Structural drawings will be provided to us,including equipment locations, riser diagrams,single line diagrams,etc. • Construction Documents will be issued in a single bid package. Multiple drawing issues/packages will not be required. • All document issues will be in electronic format,PDF. • Multiple system designs will not be required. • Construction submittals are assumed to have a maximum of two reviews-one initial review and one re-review. Additional submittal reviews will be performed on an hourly basis as an additional service. ADDITIONAL SERVICES The following is considered additional services beyond the scope of this proposal and may be secured for an additional fee. • Additional meetings and trips above the quantity as stated here-in. • Design revisions to drawings due to architectural floor plan or reflected ceiling plan changes that occur after the issuance of construction documents. • Changes in project scope or concept requiring additional engineering and/or design revisions to drawings. • Assistance in evaluating Value Engineering(VE) proposals. • Revisions to drawings and/or specifications to implement"Value Engineering." • Background updates in excess of those stated above. • Construction Administration services beyond those stated above. EXCLUSIONS • Sanitary sewer,storm sewer,cold water,and gas services more than 5'-0"outside of building line. • Communication and data cabling distribution systems. PROJECT FEE We propose to provide the services described above in the engineering scope of services for a fixed fee of$8,500,excluding reimbursable expenses. Reimbursable expenses will be billed at our cost. Refer to the section below for a description of reimbursable expenses. Our phase breakdown will be billed on a monthly billing cycle according to the amount of work performed in each phase. The phase breakdown is as follows: Phase Fee CD Phase 60% CA Phase 40% Additional services shall be approved in writing prior to work being performed and will be billed on an hourly fee basis using the rate schedule below or will be based on separate proposals. Title/Position Rate Principal $225 Sr. Project Manager $195 Project Manager $175 Sr. Project Engineer $150 Project Engineer/Sr. Designer $125 Designer $100 Sr.CAD Tech $100 CAD Tech $83 Page 2 Pearland Fire Training Burn Building Proposal for Electrical/Fire Protection Engineering Consulting Services REIMBURSABLE EXPENSES: Reimbursable expenses are in addition to compensation for basic and additional services and include actual expenditures made by DFW Consulting Group, Inc. in the interest of the project. These expenses will be billed at our cost and include costs of transportation while traveling in connection with the project,deliveries,postage and handling of drawings, specifications,submittals,and reproductions issued to the architect,client,or other consultants and parties involved with the project. SUSPENDED PROJECT: If the project is placed on hold for more than three months or canceled entirely,payment shall be made for all reimbursable expenses and services performed up to the date the project was placed on hold or cancelled. DFW Consulting Group, Inc. will provide a revised proposal when project restarts. Thank you for the opportunity to present our proposal. If you have any questions, please do not hesitate to call.This proposal is valid for 90 days from date above. Sincerely, DFW Consulting Group,Inc. Ca'jlICC2e}e Geoff Overholt Principal goverholt@dfwcgi.com 972-827-2643 Proposal Accepted By Title Date Page 3 September 9, 2019 lierracon Elliott LeBoeuf&Associates 8001 Forbes Place, Suite 201 Springfield, Virginia 22151 Attn: Mr. Roger LeBoeuf Re: Cost Estimate for Geotechnical Engineering Services Pearland Fire Training Center 2703 Veterans Drive Pearland, Texas Terracon Document No. P91195072 Dear Mr. LeBoeuf: Terracon Consultants, Inc. understands we have been selected based on qualifications to provide Geotechnical Engineering services for the above referenced project. The following are exhibits to the attached document. Exhibit A Project Understanding Exhibit B Scope of Services Exhibit C Compensation and Project Schedule Our base fee to perform the scope of services described in this proposal is$6,900, which includes a$250 fee for location of underground utilities(in the areas of our borings)utilizing a subcontractor and$1,500 fee for review of plans and specifications. See Exhibit C for consideration of additional services. Your authorization for Terracon to proceed in accordance with this document can be issued by signing and returning a copy of the attached Agreement for Services. Sincerely, Terracon Consultants, Inc. (Texas Registration No, F-3272) - 266rld0 Rehan Khan, E.I.T. Bobbie S. Hood, P.E. Staff Geotechnical Engineer Geotechnical Services Manager Terracon Consultants, Inc. 11555 Clay Road, Suite 100 Houston,Texas 77043 P (713)-690-8989 F (713)-690-8787 terracon.com Environmental O Facilities • Geotechnical 111 Materials Cost Estimate for Geotechnical Engineering Services lrerracon Pearland Fire Training Center• Pearland, Texas September 9, 2019 • Terracon Proposal No. P91195072 EXHIBIT A - PROJECT UNDERSTANDING Our scope of work is based on our understanding of the project after discussion with the client and with City of Pearland and the expected subsurface conditions. Aspects of the project that are undefined or assumed are highlighted as shown below.We request the design team provide input to verify this information prior to our initiation of field exploration activities. Site Location Item Description The project site is inside City of Pearland's Fire Training Field Site location located at 2703 Veterans Drive in Pearland, Texas. Based on a site visit, the site of the proposed building is vacant. Existing improvements Ponds, buildings, and towers were observed in the vicinity of the site. Based on our site visit, the site and exploration locations are Site access accessible with truck-mounted or all-terrain vehicle (ATV) mounted drilling equipment during normal business hours. We understand that two possible locations within the site have been identified for the proposed improvements. The client will select one location and inform us at the time of authorization. Planned Construction Item Description • A two-story live fire training building with a footprint area of about 1,800 square feet. Fires will be intentionally set inside the Proposed structures building for training purposes. The structure will be constructed of poured-in-place concrete slabs supported on concrete columns. • Adjacent concrete paving. Finished floor elevation of the Within approximately one to two feet above existing grade. building • Columns loads ': 98 kips dead load and 120 kips total load. Maximum building loads • Floor slab pressure: 125 pounds per square foot(psf). Planned foundation system Either drilled-and-underreamed footings or drilled straight shafts. Responsive • Resourceful • Reliable EXHIBIT A-PROJECT UNDERSTANDING 1 of 2 Cost Estimate for Geotechnical Engineering Services lierracon Pearland Fire Training Center• Pearland, Texas September 9, 2019 • Terracon Proposal No. P91195072 Item Description Based on a January 4, 2013 report submitted by QC Laboratories, Inc.for this site,we expect approximately 5 feet of fill soils containing scattered concrete and shell fragments underlain by native fat clay soils to a depth of 20 feet at this site. Due to the presence of undocumented surficial fill soils and due to Expected subsurface high plasticity of the native fat clay soils, we anticipate that a conditions structurally suspended floor slab may be considered instead of a grade-supported floor slab, especially since the near surface soils will be subject to frequent moisture variation from the water that will be used to put off fire. If this is the case, please provide revised column loads after incorporating the additional load from the floor slab, so we can modify our proposed boring depths and our proposal fee. Responsive • Resourceful • Reliable EXHIBIT A-PROJECT UNDERSTANDING 2 of 2 Cost Estimate for Geotechnical Engineering Services lierracon Pearland Fire Training Center■ Pearland, Texas September 9, 2019 • Terracon Proposal No. P91195072 EXHIBIT B - SCOPE OF SERVICES Our proposed scope of services consists of field exploration, laboratory testing, and engineering/project delivery. These services are described in the following sections. Field Exploration As requested by the client, the field exploration program is planned to consist of the following: Number of Borings Planned Boring Depth(feet) Planned Location 2 30 Proposed building area. 1 5 Proposed paving area. 1. Below existing grade.The total drilling footage is planned to be 65 feet. Boring Layout and Elevations: We will use handheld GPS equipment to locate borings with an estimated horizontal accuracy of+/-25 feet. Field measurements from existing site features might also be utilized. Subsurface Exploration Procedures: We will advance soil borings with truck-mounted or ATV- mounted drilling equipment using continuous flight augers (solid stem). As requested, we will stake our boring locations. Samples will be obtained continuously in the top 12 feet and at intervals of 5 feet thereafter. Soil sampling is typically performed using open tube and/or Standard Penetration Test. The samples will be placed in appropriate containers, taken to our soil laboratory for testing, and classified by a geotechnical engineer. In addition, we will observe and record groundwater levels during drilling and sampling. Our exploration team will prepare field logs as part of standard drilling operations. The field logs will include sampling depths, penetration distances, and other relevant sampling information such as visual classifications of materials encountered during drilling, and our interpretation of subsurface conditions between samples. The final boring logs, prepared from field logs, will represent the geotechnical engineer's interpretation, and include modifications based on observations and laboratory tests. Property Disturbance:We will backfill borings with auger cuttings upon completion. Our services do not include repair of the site beyond backfilling our boreholes. Excess auger cuttings will be dispersed in the general vicinity of the boreholes. Because backfill material often settles below the surface after a period, we recommend boreholes to be periodically checked and backfilled, if necessary.We can provide this service or grout the boreholes for additional fees, at your request. Responsive • Resourceful • Reliable EXHIBIT B-SCOPE OF SERVICES 1 of 4 Cost Estimate for Geotechnical Engineering Services lierracon Pearland Fire Training Center• Pearland, Texas September 9, 2019 • Terracon Proposal No. P91195072 Safety Terracon is currently not aware of any environmental concerns at this project site that would create health or safety hazards associated with our exploration program; thus, our scope considers standard OSHA Level D Personal Protection Equipment (PPE) and life vests appropriate. Our scope of services does not include any level of environmental site assessment services, but identification of unusual or unnatural materials encountered while drilling will be noted on our logs and discussed in our report. Exploration efforts require boring into the subsurface, therefore Terracon complies with local regulations to request a utility location service through Texas 811. We consult with the owner/client regarding potential utilities, or other unmarked underground hazards. Based upon the results of this consultation, we consider the need for alternative subsurface exploration methods, as the safety of our field crew is a priority. All private utilities should be marked by the owner/client prior to commencement of field exploration. The detection of underground utilities is dependent upon the composition and construction of the utility line; some utilities are comprised of non-electrically conductive materials and may not be readily detected. The use of a private utility locate service would not relieve the owner of their responsibilities in identifying private underground utilities. Site Access: Terracon must be granted access inside the fenced site by the property owner. By acceptance of this document,without information to the contrary,we consider this as authorization to access the property for conducting field exploration in accordance with the scope of services. Laboratory Testing The project engineer will review field data and assign laboratory tests to better understand the engineering properties of the soil strata. Based on our understanding of the project, the assigned tests may include the following: • Moisture content • Dry unit weight of cohesive soil • Atterberg limits • Amount of materials in the soil finer than no. 200 sieve • Unconfined compressive strength of cohesive soil • Corrosivity suite tests (if requested) Our laboratory testing program includes examination of soil samples by an engineer. Based on the results of our field and laboratory program, we describe and classify soil samples in accordance with the Unified Soil Classification System (USCS). Responsive • Resourceful • Reliable EXHIBIT B-SCOPE OF SERVICES 2 of 4 Cost Estimate for Geotechnical Engineering Services lierracon Pearland Fire Training Center • Pearland, Texas September 9, 2019 • Terracon Proposal No. P91195072 Engineering and Project Delivery Results of our field and laboratory programs will be evaluated by a professional engineer. The engineer will develop a geotechnical site characterization, perform the engineering calculations necessary to evaluate foundation alternatives, and develop appropriate geotechnical engineering design criteria for earth-related phases of the project. Your project will be delivered using our GeoReport®system. Upon initiation, we provide you and your design team the necessary link and password to access the website (if not previously registered). Each project includes a calendar to track the schedule, an interactive site map, a listing of team members, access to the project documents as they are uploaded to the site, and a collaboration portal. The typical delivery process includes the following: • Project Planning — Proposal information, schedule and anticipated exploration plan will be posted for review and verification • Site Characterization — Findings of the site exploration • Geotechnical Engineering — Recommendations and geotechnical engineering report When utilized, our collaboration portal documents communication, eliminating the need for long email threads. This collaborative effort allows prompt evaluation and discussion of options related to the design and associated benefits and risks of each option.With the ability to inform all parties as the work progresses, decisions and consensus can be reached faster. In some cases, only minimal uploads and collaboration will be required, because options for design and construction are limited or unnecessary. This is typically the case for uncomplicated projects with no anomalies found at the site. When services are complete, we will upload a printable version of our completed geotechnical engineering report, including the professional engineer's seal and signature, which documents our services. Previous submittals, collaboration and the report are maintained in our system. This allows future reference and integration into subsequent aspects of our services as the project goes through final design and construction. The geotechnical engineering report will include recommendations for: • Site plan and exploration plan; • Computer generated boring logs with field and laboratory data; • Stratification based on visual soil classification; • Groundwater levels observed in borings during drilling and at 5-minute intervals for 15 minutes; • Site and subgrade preparation; • Foundation design and construction; • Lateral load parameters for drilled straight shaft foundation 1; and • Pavement design guidelines. Responsive • Resourceful • Reliable EXHIBIT B-SCOPE OF SERVICES 3 of 4 Cost Estimate for Geotechnical Engineering Services lierracon Pearland Fire Training Center• Pearland, Texas September 9, 2019 •Terracon Proposal No. P91195072 1. If requested, Terracon can perform LPILE analysis of the proposed foundation as an additional service. The additional fee for Terracon to perform an LPILE analysis is provided in Exhibit C. Responsive • Resourceful • Reliable EXHIBIT B-SCOPE OF SERVICES 4 of 4 Cost Estimate for Geotechnical Engineering Services lierracon Pearland Fire Training Center • Pearland, Texas September 9, 2019 • Terracon Proposal No. P91195072 EXHIBIT C - COMPENSATION AND PROJECT SCHEDULE Compensation Based upon our understanding of the site, the project as summarized in Exhibit A and our planned scope of services outlined in Exhibit B, our base fee is shown in the following table: Task Lump Sum Fee Subsurface Exploration, Laboratory Testing, Geotechnical Consulting & Reporting $5,150 Utility location in the areas of proposed borings $250 Review of plans and specifications $1,500 Total $6,900 Additional services not part of the base fee includes the following: Task Lump Sum Fee Initial for Authorization LPILE analysis of drilled straight shaft foundation system ' $1,200 Corrosivity suite tests $450 1.We will need the length and diameter of the drilled straight shafts and the lateral loads for this analysis. Our scope of services does not include services associated with surveying of boring locations, special equipment for wet ground conditions, or repair of damage to existing landscape. If such services are desired by the owner/client, we should be notified so we can adjust our scope of services. Additional consultation (such as attendance on a project conference call, engineering analysis, review of project documents, etc.) requested will be performed on a time-and-materials basis. The fee to provide additional consultation services will be in excess of the above provided fee to complete the geotechnical services and will not be incurred without prior approval of the client. Unless instructed otherwise, we will submit our invoice(s) to the address shown at the beginning of this proposal. If conditions are encountered that require scope of work revisions and/or result in higher fees, we will contact you for approval, prior to initiating these services. A supplemental proposal stating the modified scope of services as well as its effect on our fee will be prepared. We will not proceed without your authorization, as evidenced by your signature on the Supplemental Agreement for Services form. Responsive • Resourceful • Reliable EXHIBIT C-COMPENSATION AND PROJECT SCHEDULE 1 of 2 Cost Estimate for Geotechnical Engineering Services lierracon Pearland Fire Training Center • Pearland, Texas September 9, 2019 • Terracon Proposal No. P91195072 Project Schedule We developed a schedule to complete the scope of services, based upon our existing availability and understanding of your project schedule. However, this does not account for any delays in field exploration beyond our control, such as weather conditions, permit delays, or lack of permission to access the boring locations. In the event the schedule provided is inconsistent with your needs, please contact us so we may consider alternatives. GeoReport Stage Posting Date from Notice to Proceed 1,2 Project Planning 3 working days Site Characterization 15 working days Geotechnical Engineering 20 working days 1. Upon receipt of your notice to proceed we will activate the schedule component of our GeoReport website with specific, anticipated working dates for the three delivery points noted above as well as other pertinent events such as field exploration crews on-site, etc. 2. We will maintain a current calendar of activities within our GeoReport website. In the event of a need to modify the schedule, the schedule will be updated to maintain a current awareness of our plans for delivery. If LPILE analysis is requested, we expect to complete our analysis and submit our findings within 7 business days of receiving information regarding the shaft size from the structural engineer. Responsive • Resourceful • Reliable EXHIBIT C-COMPENSATION AND PROJECT SCHEDULE 2 of 2