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R2022-007 2022-01-10
DocuSign Envelope ID: 53457356-37C3-4014-B09A-A79526731266 RESOLUTION NO. R2022-7 A Resolution of the City Council of the City of Pearland, Texas, authorizing a design contract with Kirksey Architecture, for design services associated with the Water Operations Building Project, in the estimated amount of $180,075.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract for design services associated with the Water Operations 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 design services associated with the Water Operations Building Project. PASSED, APPROVED and ADOPTED this the 10th day of January, A.D., 2022. r— DocuSigned by: 9ze.Lot D4881A61`93r4r2... J. KEVIN COLE MAYOR ATTEST: DocuSigned by: CR'Y'Sf1.AL2A6AN, TRMC, CMC CITY SECRETARY APPROVED AS TO FORM: DocuSigned by: DA . S86KER CITY ATTORNEY DocuSign Envelope ID: CE2853E7-44B5-481B-A2CC-A7410C1E1FE1 lgenda Item C. Exhibit A CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into upon final execution by and between the City of Pearland ("CITY") and Kirksey Architecture ("CONSULTANT"). The CITY engages the CONSULTANT to perform professional services for a project known and described as Water Operations Building ('PROJECT"). (Project #FA2107) SECTION I. - SERVICES OF THE CONSULTANT The CONSULTANT shall perform the following professional services to CITY standards and in accordance with the degree of care and skill that a professional in Texas would exercise under the same or similar circumstances: A. The CONSULTANT shall provide 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 ofthis Agreement, insurance against claims for injuries to persons, damages to property, or any errors Design 1 of 7 O2. Revised 04/2019 lage 9 0128 City Council Regular Meeting- Lan 10 2022 DocuSign Envelope ID: CE2853E7-44B5-481B-A2CC-A7410C1E1FE1 lgenda Item C. 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 S1,000,000 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, 51,000,000 for each occurrence, and 51,000,000 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, 51,000,000 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 €o 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 O2 Revised 04/2019 ❑age 10 0E28 City Council Regular Meeting- Lan 10 2022 DocuSign Envelope ID: CE2853E7-44B5-481B-A2CC-A7410C1E1FE1 lgenda Item C. SECTION II - PERIOD OF SERVICE This CONTRACT will be binding upon execution and end September 30, 2023. SECTION 111 - CONSULTANTS 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: I . Basic Services (Lump Sum) $80900.00 2. Additional Services shall require independent and specific authorization and shall he billed as (Lump Sum): 555,450.00 3. Bid Phase Services (Hourly Not to Exceed) $6,495.00 4. Construction Phase Services (Hourly Not to Exceed) $32.230.00 5. Reimbursable Expenses (Not to Exceed) $5.000.00 6. Total: 5180.075.00 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 I32 Revised 042019 ❑age 11 0L28 City Council Regular Meeting- Lan 10 2022 DocuSign Envelope ID: CE2853E7-44B5-481B-A2CC-A7410C1E1FE1 lgenda Item C. 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. R. 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 Cage 12 or 28 City Council Regular Meeting- Lan 10 2022 DocuSign Envelope ID: CE2853E7-44B5-481B-A2CC-A7410C1E1FE1 lgenda Item C. 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 6909 Porttivest Drive, Houston, TX 77024, 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. F, 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 O2 Revised 04.12019 Page 13 ol 28 City Council Regular Meeting- t. n 10 2022 DocuSign Envelope ID: CE2853E7-44B5-481B-A2CC-A7410C1E1FE1 Cgenda Item C. 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. DocuSigned by: pt,a ok, 1/31/2022 I 10:24 AM CST 313328313C/JCCO4C0.. CITY OF PEARLAND, TEXAS Design DATE DATE (a of 7 D2 Rtvistd 0412014 Cage 14 ol 28 City Council Regular Meeting- Lan 10 2022 DocuSign Envelope ID: CE2853E7-44B5-481B-A2CC-A7410C1E 1 FE1 Cgenda Item C. Houston Austin Kirk se ARCHITECTURE CLIENT Sergio Becerril PROJECT COP Water Operations Building - CoP Project #FA2107 KIRKSEY PROJECT # 2021248 This Proposal is by and between Kirksey Architects, Inc. d/b/a Kirksey ("Architect") and Client. Client wishes to retain Kirksey to provide services in connection with the Project described as follows: The design and construction of a new administrative building for the City of Pearland Water Operations located on the city water service site at the corner of Alice Street and Profax Drive in Pearland, Texas. 7 SERVICES The specific Basic Services proposed by the Architect and the initial assumptions made with respect to the provision of such services are described in the Scope of Services attachment. Additional or specifically excluded services may also be described in the Scope of Services and the Terms and Conditions. 2 COMPENSATION AND PAYMENT The consideration payable to the Architect for the Architect's services and reimbursable expenses and the times and method of payment are set forth in the Compensation attachment and the Terms and Conditions attachment. 3 SCHEDULE OF SERVICES The schedule for performance of the Architect's services is set forth in the Schedule attachment and the Terms and Conditions attachment. 4 TERMS AND CONDITIONS OF SERVICE Other terms and conditions of service are set forth in the Terms and Conditions attachment. Upon execution, the Architect is authorized to proceed with services under the terms, conditions, and parameters contained herein. This Proposal may be amended only in writing with the signature of both parties, although the parties acknowledge that these terms, conditions, and parameters may later be converted to an appropriate AIA form agreement or other document. KIRKSEY ARCHITECTS, INC. By: Nagib Madi Title: Senior Associate Date: 12/08/2021 Cage 15 of 28 Rev. 03-2019 6909 Partwest Drive Houston Texas 770.24 713 850 9600 KIrkssy.cam proposal City Council Regular Meeting- Lan 10 2022 DocuSign Envelope ID: CE2853E7-44B5-481 B-A2CC-A7410C1 E1 FE1 ❑genda Item C. Kirkse ARCHITECTURE Y 1 GENERAL scope of services The specific Basic Services to be provided by the Architect, and the initial assumptions made with respect to the provision of such services, are described below. Services not identified as Basic Services constitute Additional Services for which additional compensation may be due. 2 INITIAL ASSUMPTIONS This proposal is based on the assumption that the design will be for an approximately 5,000 S.F.- 6,000 S.F. facility on +/- 0.65 -acre site with about 52 parking spaces. 3 BASIC SERVICES The Architect's Basic Services consist of those described herein. 3.1 PROGRAMMING AND CONCEPTUAL SITE PLAN In this initial stage we will meet with the user group to develop a program of space requirements to establish the size of the building and the main interior spaces such as, open work area, offices, breakroom, restrooms, storage. We will also coordinate with the City of Pearland IT group for AV/IT/Security scope, which is to be provided by the city. Based on this initial program we will develop two options for site concept design, identifying the building footprint, parking requirements and detention area. This site concept design will be presented to the City of Pearland planning & permit department for initial approval. Kirksey will also provide a schematic cost estimate and conceptual project schedule. 3.2 SCHEMATIC DESIGN PHASE SERVICES 3.2.1 The Architect shall review and evaluate general parameters for the Project and thereafter confirm with the Client the requirements for the Project, including the cost of work. Based upon the agreed -upon requirements, the Architect shall prepare Schematic Design Documents illustrating the scale and relationship of Project components. The documents may consist, each as appropriate or agreed, of drawings and other documents including a site plan, and preliminary building plans, sections and elevations as well as a combination of study models, perspective sketches, or digital modeling. The Architect shall submit the Schematic Design Documents to the Client for the Client's written approval. 3.3 DESIGN DEVELOPMENT PHASE SERVICES 3.3.1 The Architect shall consider, if any are determined during scheduled monthly meetings, the Client's revision of Project requirements or changes in the cost of work. Based upon the agreed - upon requirements and approved Schematic Design Documents, the Architect shall prepare Design Development Documents further refining the Schematic Design. The documents may consist, each as appropriate or agreed, of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems, as well as ❑age 16 0E28 City Council Regular Meeting- Can 10 2022 DocuSign Envelope ID: CE2853E7-44B5-481 B-A2CC-A7410C1 E1 FE1 ❑genda Item C. Kirkse ARCHITECTURE Y outline specifications identifying major materials and systems. The Architect shall submit the Design Development Documents to the Client for the Client's written approval. 3.4 CONSTRUCTION DOCUMENTS PHASE SERVICES 3.4.1 The Architect shall consider, if any, the Client's revision of Project requirements or changes in the cost of work. Based upon the agreed -upon requirements and approved Design Development Documents, the Architect shall prepare Construction Documents further refining the Design Development Documents and consisting of drawings and specifications setting forth the quality levels of materials and systems and other requirements for construction of the work. The Architect shall submit the Construction Documents to the Client for the Client's written approval. 3.5 BIDDING PHASE SERVICES 3.5.1 The Architect & its consultants shall assist the Client with the eBids process as reasonably required to prospective bidders, conducting a pre -bid conference (if appropriate), preparing responses, clarifications, and interpretations of the bidding documents. The Architect shall prepare and respond to addenda if needed, verify any bid abnormalities, issue a letter of recommendation to the city and attend the City Council award meeting. 3.6 CONSTRUCTION PHASE SERVICES 3.6.1 The Architect's responsibility to provide Construction Phase Services commences with the award of the contract for construction and terminates at the earlier of the issuance of the final certificate for payment or 60 days after the date of substantial completion. 3.6.2 The Architect shall not have control over or responsibility for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs, nor shall the Architect be responsible for the contractor's failure to perform or for acts or omissions of the contractor or of any other persons or entities performing the work. 3.6.3 Subject to the parameters below, the Architect shall visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the portion of work completed and to determine, in general, if the work observed is being performed in a manner indicating that it will be in accordance with the contract documents when fully completed. The Architect, however, shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the work. On the basis of these visits, the Architect shall report to the Client those deviations, defects, and deficiencies observed in the work. 3.6.4 The Architect shall review and certify amounts due the contractor based upon the Architect's site visit observations and the data in each application for payment. Such certificates indicate the Architect's belief that the work has progressed to the point indicated and the quality is in accordance with the contract documents, each subject to qualification, if noted. Moreover, the issuance of a certificate for payment shall not be a representation that the Architect has made exhaustive or continuous on -site inspections of the quality or quantity of the work, reviewed construction means, methods, techniques, or sequences, reviewed requisitions or other data to substantiate the contractor's right to payment, or ascertained how or for what purpose the contractor has used funds previously paid. 3.6.5 The Architect shall review and take appropriate action upon contractor's submittals such as shop drawings but only for the limited purpose of checking for conformance with information given ❑age 17 0E28 City Council Regular Meeting- Can 10 2022 DocuSign Envelope ID: CE2853E7-44B5-481 B-A2CC-A7410C1 E1 FE1 ❑genda Item C. Kirkse ARCHITECTURE Y and the design concept expressed in the Contract Documents. The Architect's review shall not address the accuracy and completeness of other information such as dimensions or quantities or constitute approval of safety precautions or construction means, methods, techniques, sequences or procedures. If contractor proposes substitutions or an alternative for any specified equipment or material, any redesign to accommodate that request shall be at the contractor's expense. 3.6.6 The Architect may authorize minor changes that are consistent with the intent of the Contract Documents and do not involve an adjustment in the contract sum or an extension of the time after consulting with owner. Subject to the parameters below, the Architect shall review change orders and construction change directives for the Client's approval and execution. 3.6.7 Subject to the parameters below, the Architect shall conduct an inspection to determine (1) the date or dates of substantial completion and issue certificates of substantial completion and (2) the date of final completion and issue a final certificate for payment. 3.6.8 The following Construction Phase Services, as well as responding to RFIs, shall be provided as Basic Services subject to the following limits: [ 10 ] site visits by the Architect during construction, which is assumed to be [ 6 ] months [ 2 ] review(s) of each shop drawing, product data item, sample, and similar submittal [ 1 ] inspection(s) to determine substantial completion [ 1 ] inspection(s) to determine final completion The Architect shall notify the Client once these limits are reached, and any subsequent services shall be provided as Additional Services. 4 ADDITIONAL SERVICES 4.1 Any service not identified as a Basic Service, other than addressing TAS/ADA guidelines & windstorm requirements, constitutes an Additional Service for which additional compensation may be due and a schedule adjustment may be appropriate. The Architect shall notify the Client of the need for an Additional Service and obtain the Client's written approval. Examples of Additional Services include services necessitated by changes in the initial information or project scope, revisions from prior approvals, or changes needed due to changes in codes, laws, or regulations. 4.2 If services have not been completed within 6 months of the date of execution through no fault of the Architect, services provided beyond that time shall be Additional Services. 4.2.1 Once design documents are approved by Client for each respective phase of design (Schematic, Design Development, and Construction Documents, or phases defined in this proposal), revisions to each subsequent respective phase shall be Additional Services. For clarity, revisions that are Additional Services include: services necessitated by a change in the Initial Information, changes from previous written instructions or approvals given by the Owner, or a material change in the Project including size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery method. 4.3 Architect's cost estimates, OPCC, are issued as professional opinion and are not guaranteed. If the actual construction cost exceeds OPCC, Architect will issue a recommendation letter that includes their opinion on the cost difference. Any services required for estimates of cost of work ❑age 18 0E28 City Council Regular Meeting- Can 10 2022 DocuSign Envelope ID: CE2853E7-44B5-481 B-A2CC-A7410C1 E1 FE1 ❑genda Item C. Kirkse ARCHITECTURE Y should be performed by a cost consultant. Further, to the extent that Client requires Architect to make revisions to Design Development Documents or Construction Documents due to inaccuracies or errors in cost estimates prepared by others, or value engineering, such revisions shall be Additional Services. ❑age 19 0E28 City Council Regular Meeting- Can 10 2022 DocuSign Envelope ID: CE2853E7-44B5-481 B-A2CC-A7410C1 E1 FE1 ❑genda Item C. Kirkse ARCHITECTURE Y 1 GENERAL compensation The consideration payable to the Architect for the Architect's Basic Services is set forth below. The Architect's compensation for Consultant Services, Additional Services and Reimbursable Expenses as well as the terms of payment for any services or expenses are as provided in the Terms and Conditions. 2 BASIC SERVICES COMPENSATION Services Program & Concept Site Plan SD DD CD Bid/ Permit Hourly NTE CA Hourly NTE Total Basic Services Architect: Kirksey $11,390 $16,630 $14,950 $37,930 $2,995 $21,430 $105,325 Add Services NTE MEP: Infrastructure Associates $2,000 $2,500 $10,000 $1,000 $2,000 $17,500 Civil: Jones Engineering Solutions $1,000 $5,000 $5,000 $10,000 $750 $1,000 $22,750 Structural: Henderson Rodgers $2,250 $3,000 $6,000 $750 $3,000 $15,000 Landscape & Irrigation: EHRA, Inc. $2,000 $2,500 $4,200 $1,000 $4,800 $14,500 TOTAL: $12,390 $27,880 $27,950 $68,130 $6,495 $32,230 $175,075 Reimbursable Budget $5,000 ❑age 20 0E28 City Council Regular Meeting- Can 10 2022 DocuSign Envelope ID: CE2853E7-44B5-481 B-A2CC-A7410C1 E1 FE1 ❑genda Item C. Kirkse ARCHITECTURE Y 1 GENERAL The Architect has created an initial schedule for performance of the Architect's Basic Services. The initial schedule may subsequently be refined or adjusted as the scope and other parameters are developed. Moreover, while time limits established by the schedule shall not generally be exceeded, the schedule may subsequently be extended as reasonably required due to the exercise of the Standard of Care, as a result of factors or conditions not the fault of the Architect, or other reasonable cause. Additional terms pertinent to the schedule and Architect's performance thereunder are as provided in the attached City of Pearland Scope of Services Exhibit A. 2 SCHEDULE FOR BASIC SERVICES Programming 4 weeks Schematic Design 6 weeks Design Development 6 weeks Construction Documents 8 weeks Bid/Permit 4 weeks Construction Administration 26 weeks ❑age 21 0E28 schedule City Council Regular Meeting- Can 10 2022 DocuSign Envelope ID: CE2853E7-44B5-481B-A2CC-A7410C1E1FE1 ❑genda Item C. ❑XHIBIT ❑ ❑RCHIT❑CT❑R❑L SCO❑❑ O❑ SERVICES ❑OR Water OI lerations Building OElice Water ❑lant❑ Design 1 of4 cage 22 ol 28 D23. Revised 3/08 City Council Regular Meeting- Lan 10 2022 DocuSign Envelope ID: CE2853E7-44B5-481 B-A2CC-A7410C1 E1 FE1 ❑genda Item C. 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 comprehensive Site Plan in accordance with the Unified Development Code (UDC), site utilities, facilities and drainage planning. 2. Create a Program of Spaces for building interior, including: basic information such as sizes, space requirements, workflows, activities and special uses. 3. Facilitate meetings with City staff as needed to develop a detailed component and cite internal / external traffic planning of building program, including City's standard building systems, equipment and materials. 4. Obtain a Geotechnical Report which recommends building foundations and paving design. Review, report and alert City of any issues found. Kirksey will coordinate structural and civil engineering as related to the design. 5. Obtain Boundary and Topographical Survey for the property. Review, survey and alert City to any issues found. Coordinate with civil engineer for design. 6. Attend coordination meetings with City staff and any pertinent external agencies (County, State and Federal) as required to determine the necessary methods of submittal from all pertinent entities. 7. Provide a schematic cost estimate and conceptual project schedule. 8. Prepare and submit three (3) sets of site plan program of spaces and adjacencies layout for review and approval. II. Schematic Design Phase 1. Facilitate meetings with City staff to review building square footage, required utilities, drainage, zoning to develop Schematic Design Documents. 2. Obtain and review applicable City standards and guidelines for design (Design Criteria Manual, Unified Development Code) and provide design that meets City codes. 3. Attend Pre -Development meeting and address points of clarification regarding the project. 4. 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 5. 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. 6. Respond in writing to all City comments on plans. 7. Coordinate with private utilities and service providers. 8. Update City Council and Planning and Zoning Commission, if needed 9. Receive written approval from City of the Schematic Design Phase prior to proceeding with Design Development Phase Design 2 of 4 ❑age 23 0E28 D23. Revised 3/08 City Council Regular Meeting- Can 10 2022 DocuSign Envelope ID: CE2853E7-44B5-481 B-A2CC-A7410C1 E1 FE1 ❑genda Item C. 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, internal / external 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. Submit Plans Through E -Track for plan approval. 4. Respond in writing to all City comments on plans. 5. Update City Council and Planning and Zoning Commission, if needed 6. Coordinate final utility plans with private utility and service providers. IV. Construction Documents Phase 1. Prepare Construction Documents and Specifications and submit three (3) sets to City staff for Code, general review and signature (95% plan review). 2. List Sheets that will be included in the Final Set of Drawings. 3. Attend follow up meetings with Fire Marshall, BDD4, City Engineer, Planning, Chief Building Official (CBO), and Purchasing. a. Obtain BDD4's approval and signature of plans. 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. Correct plans to reflect issues noted by Review for Permit. 7. Acquire signature of City Engineer and CBO. 8. Submit complete Construction Documents and Specifications and submit three (3) sets to City staff (100% plan review). 9. Submit plans to Texas Department of Licensing and Regulation (TDLR) and Registered Accessibility Specialist (RAS) for accessibility review once signed sealed documents are submitted. V. Bid Phase a. Provide Notice to Bidders (NTB) to the Project Manager. City is responsible for advertising. b. Reproduce and disseminate bid sets to the City [PM (1), Purchasing (1) and interested bidders in eBids] for original signatures. c. Assist in a pre -bid meeting with a prepared addendum. d. Respond in writing to questions from bidders. e. Assist with design of Bid Proposal* f. Attend the Bid Opening g. Prepare a bid tabulation of all bids received that includes the following required content: i. Check for math errors and reconcile any mathematical discrepancies ii. Review for unbalance bid items iii. Review construction schedule submitted by bidders iv. Certified Bid Tabulation including Consultant's estimate Design 3 of4 ❑age 24 0E28 D23. Revised 3/08 City Council Regular Meeting- Can 10 2022 DocuSign Envelope ID: CE2853E7-44B5-481 B-A2CC-A7410C1 E1 FE1 ❑genda Item C. v. Review of contractor's financial standing and references provided vi. Explanation of discrepancies between the Consultant's estimate and bids to include percent of delta h. Prepare Consultant's Recommendation of Award Letter 2. Attend City Council meeting and recommendation for award of Contract for Construction. 3. Produce and transmit to selected contractor five (5) sets of project manuals ready for execution with City's Notice of Intent to Award (NOI) *This is the use of bid strategies to attain lowest possible prices for work, use of alternatives, etc. VI. Construction Administration Phase 1. Attend Pre -Construction and regular bi-weekly 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 on all Request for Change Proposals, Change Orders, etc. including maintaining a log of all such documents, in the City's project management software. 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. Consultant's Construction Administrator to conduct a site visit a minimum of one (1) time per month, 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 Construction Manager monthly. 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 (SDS) 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 Testing and Balancing/Building Commissioning Environmental USACE Permits (US Army Corps of Engineers) Design 4 of 4 ❑age 25 0E28 D23. Revised 3/08 City Council Regular Meeting- Can 10 2022 DocuSign Envelope ID: CE2853E7-44B5-481B-A2CC-A7410C1E1FE1 lgenda Item C. AC R2® CERTIFICATE OF LIABILITY INSURANCE �� DATE (MM/DD/YYYY) 12/16/2021 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: Arthur J Gallagher Risk Management Services, Inc. 2618 E Broadway St PHONE FAX (A/c. No. Eat): 281-485-7500 I (A/C, No): 281-485-6933 Pearland TX 77581 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Pacific Insurance Company, Limited 10046 INSURED KIRKASS-01 INSURER B : Travelers Property Casualty Co of America 25674 Kirksey Associates, Inc. dba Kirksey; Kirksey Architects, Inc. INSURER C : Charter Oak Fire Insurance Company 25615 6909 Portwest Dr INSURER D: Travelers Indemnity Company 256580 Houston TX 77024-8010 INSURER E : The Travelers Indemnity Company of CT 25682 INSURER F : COVERAGES CERTIFICATE NUMBER: 1965780393 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS B X COMMERCIAL GENERAL LIABILITY Y Y 680-9S380861 11/20/2021 11/20/2022 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE F%( OCCUR DAMAGE RENTED PREMISES O(Ea occurrence) $ 1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL Si ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X Tei LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: $ C AUTOMOBILE LIABILITY Y Y 680-9S380861 11/20/2021 11/20/2022 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X ANY AUTO BODILY INJURY (Per person) $ OWNED AUTOS ONLY SCHEDULED AUTOS BODILY INJURY (Per accident) $ X HIRED AUTOS ONLY X NON -OWNED AUTOS ONLY PROPERTY DAMAGE (Per accident) $ D X UMBRELLA LIAB X OCCUR CUP -9S388139 11/20/2021 11/20/2022 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $ 5,000,000 DED X RETENT ON $ 1n nnn $ E WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y UB-95387376 11/20/2021 11/20/2022 X PER OTH- STATUTE ER Y/ N ANYPROPRIETOR/PARTNER/EXECUTIVE N NIA E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (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 A Professional Liability 83 OH 0414788-21 11/20/2021 11/20/2022 Each Occurrence Aggregate $5,000,000 $5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The General Liability and Automobile Liabil ty po icies include blanket additional insured status. Blanket Waiver of Subrogation applies in favor of the additional insureds on the General Liability, Automobi e Liability and Workers' Compensation policies. The insurance provided on the General Liability policy is primary and any other insurance shall be excess only, and not contributing. Umbrella policy is follow form. RE: Project: Water Operations Building Project #FA2107; KIRKSEY PROJECT # 2021248. 30 Day notice of cancellation applies except for the non payment of premium which is 10 days notice. Additional insured: City of Pearland CERTIFICATE HOLDER CANCELLATION City of Pearland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3519 Liberty Drive Pearland TX 77581 I AUTHORIZED R EPRES N�TATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name an K,pg n rr2ttred marks of ACORD City Council Regular Meeting- Lan 10 2022 DocuSign Envelope ID: CE2853E7-44B5-481B-A2CC-A7410C1E 1 FE1 lgenda Item C. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2021-833796 Date Filed: 12/16/2021 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Kirksey Architects, Inc. HOUSTON, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Pearland 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. FA2107 Architectural Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Brackett, Janis Houston, TX United States X Malarkey, Brian Houston, TX United States X Good, Welsey Houston, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Crystal McDonald , and my date of birth is My address is 3614 Temple Drive , Manvel TX 77578 , USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Harris County, State of Texas , on the 16 day of December, 2021 . (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission wwwaOicrW.us Version V1.1.191b5cdc City Council Regular Meeting- Lan 10 2022 DocuSign Envelope ID: CE2853E7-44B5-481B-A2CC-A7410C1E 1 FE1 lgenda Item C. House Bill 89 Verification Crystal McDonald (Person name), the undersigned representative (hereafter referred to as "Representative") of Kirksey Architects, Inc. (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. SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 16 day of December , 20 21. ‘1":"-.• FY PU.4,1 0 O ' '•. 1 �\ 7 '.,iQ OF 90.•' 0 4 -19 -ZA S,N` I l l YO.°.` Design Notary Public 7 of 7 cage 28 o28 D2 Revised 04.2019 City Council Regular Meeting- Lan 10 2022