Loading...
HomeMy WebLinkAboutR2023-071 2023-03-27DocuSign Envelope ID: 4405C596-BE01-4A08-8B8B-0DDFB25856A8 RESOLUTION NO. R2023-71 A Resolution of the City Council of the City of Pearland, Texas, authorizing a contract with Leaf Engineers, for design services associated with the Country Place and Garden Road Water Well Generator Project, in the estimated amount of $111,308.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract for design services associated with the Country Place and Garden Road Water Well Generator 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 Country Place and Garden Road Water Well Generator Project. PASSED, APPROVED and ADOPTED this the 27th day of March, A.D., 2023. c—DocuSigned by: `—B48 1A01& *F2 J. KEVIN COLE MAYOR ATTEST: rrs,DocuSigned by: 9&Ec22 31FFF4a5 FRANCES AGUILAR, TRMC, MCC CITY SECRETARY APPROVED AS TO FORM: ,-DocuSigned by: E 13CA5'1i'ti'B B'1 F�BE3 DARRIN M. COKER CITY ATTORNEY 77. DocuSign Envelope ID: 76528950-4D14-4769-AACA-3A9CF58D8A92 Exhibit A CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into upon final execution by and between the City of Pearland ("CITY") and LEAF Engineers ("CONSULTANT"). The CITY engages the CONSULTANT to perform professional services for a project known and described as Garden Water Well Generator and Country Place Water Well Generator Replacement ("PROJECT"). (Project #WA2306 and WA2305) 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 the described Professional 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 DocuSign Envelope ID: 76528950-4D14-4769-AACA-3A9CF58D8A92 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 DocuSign Envelope ID: 76528950-4D14-4769-AACA-3A9CF58D8A92 SECTION II - PERIOD OF SERVICE This CONTRACT will be binding upon execution and end November 15, 2024. 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: Garden Water Well Generator (WA2306): 1. Basic Services (Not to Exceed) $51,230.00 2. Additional Services shall require independent and specific authorization and shall be billed as (Not to Exceed): 3. Bid Phase Services (Hourly Not to Exceed) $2,187,50 4. Construction Phase Services (Hourly Not to Exceed) $8,612.50 5. Reimbursable Expenses (Not to Exceed) $375.00 6. Total: $62,405.00 Country Place Water Well Generator Replacement (WA2305'): 7. Basic Services (Not to Exceed) $37,728.00 8. Additional Services shall require independent and specific authorization and shall be billed as (Not to Exceed): 9. Bid Phase Services (Hourly Not to Exceed) $2,187.50 10. Construction Phase Services (Hourly Not to Exceed) $8,612.50 11. Reimbursable Expenses (Not to Exceed) $375.00 12. Total: $48,903.00 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. Design 3 of 7 D2 Revised 04/2019 DocuSign Envelope ID: 76528950-4D14-4769-AACA-3A9CF58D8A92 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. 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. Design 4 of 7 D2 Revised 04/2019 DocuSign Envelope ID: 76528950-4D14-4769-AACA-3A9CF58D8A92 SECTION IV - THE CITY'S RESPONSIBILITIES A. The CITY shall designate a project manager during the term of this CONTRACT. The project manager has the authority to administer this CONTRACT and shall monitor compliance with all terms and conditions stated herein. All requests for information from or a decision by the CITY on any aspect of the work shall be directed to the project manager. B. The CITY shall review submittals by the CONSULTANT and provide prompt response to questions and rendering of decisions pertaining thereto, to minimize delay in the progress of the CONSULTANT'S work. The CITY will keep the CONSULTANT advised concerning the progress of the CITY'S review of the work. The CONSULTANT agrees that the CITY'S inspection, review, acceptance or approval of CONSULTANT'S work shall not relieve CONSULTANT'S responsibility for errors or omissions of the CONSULTANT or its sub- consultant(s) or in any way affect the CONSULTANT'S status as an independent contractor of the CITY. SECTION V - TERMINATION A. The CITY, at its sole discretion, may terminate this CONTRACT for any reason -- with or without cause -- by delivering written notice to CONSULTANT personally or by certified mail at 11 Greenway Plaza, 22nd Floor, Houston, TX 77046. 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 15`h 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. Design 5 of 7 D2 Revised 04/2019 DocuSign Envelope ID: 76528950-4D14-4769-AACA-3A9CF58D8A92 F. If the CITY terminates this CONTRACT for cause and/or if the CONSULTANT breaches any provision of this CONTRACT, then the CITY shall have all rights and remedies in law and/or equity against CONSULTANT. Venue for any action or dispute arising out of or relating to this CONTRACT shall be in Brazoria County, Texas. The laws of the State of Texas shall govern the terms of this CONTRACT. The prevailing party in the action shall be entitled to recover its actual damages with interest, attorney's fees, costs and expenses incurred in connection with the dispute and/or action. CONSULTANT and CITY desire an expeditious means to resolve any disputes that may arise between under this CONTRACT. To accomplish this, the parties agree to mediation as follows: If a dispute arises out of or relates to this CONTRACT, or the breach thereof, and if the dispute cannot be settled through negotiation, then the parties agree first to try in good faith, and before pursuing any legal remedies, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. SECTION VI - ENTIRE AGREEMENT This CONTRACT represents the entire agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or contracts, either written or oral. This CONTRACT may be amended only by written instrument signed by both parties. SECTION VII - COVENANT AGAINST CONTINGENT FEES The CONSULTANT affirms that he has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT to solicit or secure this CONTRACT, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of the CONTRACT. For breach or violation of this clause, the CITY may terminate this CONTRACT without liability, and in its discretion, may deduct from the CONTRACT price or consideration, or otherwise recover, the full amount of such fee, commission, percentage brokerage fee, gift, or contingent fee that has been paid. SECTION VIII- SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto. ,-DocuSigned by: �F838B12DC740428.. CITY OF PEARLAND, TEXAS DATE February 20, 2023 3/29/2023 I 6:42 AM PDT DAT Design 6 of 7 D2 Revised 04/2019 DocuSign Envelope ID: 76528950-4D14-4769-AACA-3A9CF58D8A92 Mark Madorsky House Bill 89 Verification I, Mark Madorsky (Person name), the undersigned representative (hereafter referred to as "Representative") of LEAF Engineers (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. SI N URE O ' SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 21) day of ,t-i , 20Z3. Notary Publi Design 7 of 7 D2 Revised 04/2019 DocuSign Envelope ID: 76528950-4D14-4769-AACA-3A9CF58D8A92 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: 2023-985355 Date Filed: 02/20/2023 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. LEAF Engineers 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. WA2305 and WA2306 MEPTS Design services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Boggio, Dan Houston, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Mark Madorsky , and my date of birth is , TX , My address is 11 Greenway Plaza, Ste. 1510 , Houston 77046 , 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 the20thday of February, 20 23 . Ii (month) (year) Sig ture of authorize agent of contracting s entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.3ac88bc0 DocuSign Envelope ID: 76528950-4D14-4769-AACA-3A9CF58D8A92 / A� o® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) E(1 M/D 23 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 Arthur J. Gallagher Risk Management Services, LLC 2618 E Broadway Pearland TX 77581 CONTACT NAME: PHONE FA (A/C, No, Ext): 281-485-7500 (A/C, No): 281-485-6933 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Continental Casualty Company 20443 INSURED PBKAR-2 PBK Architects dba LEAF Engineers 11 Greenway Plaza, Suite 2210 Houston, TX 77046-1104 INSURER B : LM Insurance Corporation 33600 INSURERC: Liberty Mutual Fire Insurance Company 23035 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 812651336 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE INSD DDL NSD SWUBR VD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS B X COMMERCIAL GENERAL LIABILITY TB5-Z91-472898-022 4/25/2022 4/25/2023 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE X LIMIT APPLIES INT- PER: GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ C AUTOMOBILE X LIABILITY ANY AUTO OWNED SCHEDULED AUTOS NON -OWNED AUTOS ONLY AS2-Z91-472898-032 4/25/2022 4/25/2023 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE TH7-Z91-472898-052 4/25/2022 4/25/2023 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED X RETENTION $ 10 000 $ g WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/ N N N / A WC5-Z91-472898-012 4/25/2022 4/25/2023 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Professional Liability Claims Made Form AEH591912035 8/1/2022 8/1/2023 Each Claim Aggregate Deductible Ea Claim $5,000,000 $10,000,000 $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Generator Replacement Projects See Attached... CERTIFICATE HOLDER City of Pearland 2016 Old Alvin Road Pearland, TX 77581 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 76528950-4D14-4769-AACA-3A9CF58D8A92 AGENCY CUSTOMER ID: PBKAR-2 LOC #: ACORD® ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY Arthur J. Gallagher Risk Management Services, LLC POLICY NUMBER CARRIER NAIC CODE NAMED INSURED PBK Architects dba LEAF Engineers 11 Greenway Plaza, Suite 2210 Houston, TX 77046-1104 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE The General Liability and Auto policy includes a Blanket additional insured endorsement that provides additional insured status only when there is a written contract , agreement or permit between the named insured and the certificate holder that requires such status. The General Liability, Auto, Umbrella, Professional Liability and Workers' Compensation policy includes a Blanket waiver of subrogation endorsement that provides this feature only when there is a written contract, agreement or permit between the named insured and the certificate holder that requires such status. General Liability is primary & non-contributory when required by written contract, agreement or permit. Auto liability is primary & non-contributory as respects the insured's owned & covered vehicles. The umbrella is follow form as respects the primary and non-contributory provisions of the underlying polices. Professional Liability is not included under the Umbrella. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 76528950-4D14-4769-AACA-3A9CF58D8A92 COMPLETE NAMED INSURED: PBK Architects, Inc. PBR Architects, Inc. Suite 2210 PBK Architects, Inc. d/b/a PBK Engineers Houston, TX 77046 PBK Architects, Inc. d/b/a PBK Roof Consultants PBK Architects, Inc. d/b/a PBK Facility Consulting PBK Architects, Inc. d/b/a PBK Architects PBK, Inc. PBK Architects, Inc. d/b/a PBK Healthcare PBK Architects, Inc. d/b/a Campaign Communications PBK Architects, Inc. d/b/a PBK Engineering PBK Architects, Inc. d/b/a Cunico Consulting PBK Architects, Inc. d/b/a PBK Sports PBK Architects, Inc. d/b/a PBK University PBK Architects, Inc. d/b/a PBK Higher Education PBK Architects, Inc. d/b/a PBK Higher Ed PBK Architects, Inc. d/b/a PBK Interiors PBK Architects, Inc. dba PBK PBK Architects, Inc. dba DIG Engineers PBK Architects, Inc. dba LEAF Engineers PBK Architects, Inc. dba The Educated Vote PBK Architects, Inc. dba Building Envelope & Asset Management Professionals (BEAM) Smith Iwanaga Milhous Pryce Architects, Inc. (legal) S.I.MArchitects, Inc. (DBA) SIM+PBK(DBA) PBK Architects, Inc. dba Edgeland Design Group 11/2/2021 PBK Architects, Inc. dba Kubala Engineers 9/30/2021 Wolff/Lang/Christopher Architects, Incorporated 2/1/2022 DocuSign Envelope ID: 76528950-4D14-4769-AACA-3A9CF58D8A92 WLC Architects, Inc. 2/1/2022 WLC Architects 2/1/2022 PBK-WLC 2/1/2022 PBK-WLC Architects 2/1/202 PBK Holdco LLC (added 6/21/22) PBK IntermediateCo, Inc. (added 6/21/22) Manley Spangler Smith Architects, P.C. (added 9/15/22) Manley Spangler Smith Architects, a Professional Corporation Spangler & Manley Architects, P.C. MSSA-PBK MSSA-PBK Architects PBK Architects, Inc. dba Blue Ring Creative (9/28/22) DocuSign Envelope ID: 76528950-4D14-4769-AACA-3A9CF58D8A92 February 9, 2023 via email LEAF ENGINEERS Ms. Jennifer Lee Senior Project Manager, Engineering & Capital Projects City of Pearland 2016 Old Alvin Rd, Pearland, TX 77581 RE: Generator Replacement at Garden and Country Place Water Plants Dear Jennifer, LEAF Engineers is thankful for the opportunity to provide this fee proposal for the Generator Replacement at Garden and Country Place Water Plants. This letter will serve as our scope of work summary and fee proposal. Project Scope Description: 1. Provide a complete set of plans suitable for permit, bidding, and construction for the replacement of the existing emergency stand-by power generators at each location. 2. Based on discussions from an initial kick off meeting with the City of Pearland, LEAF will select a generator suitable for the entire power distribution system at the Garden location. The existing Garden generator currently serves only a select portion of the facility. Also, LEAF will investigate the feasibility of installing a natural gas generator which will require a new natural gas utility service. The current Garden generator utilizes diesel as a fuel source. 3. The generator replacement project at Country place is a one -for -one. Re -use of the existing housekeeping pad will be explored at this location. 4. New generators shall be designed with enclosure heaters for winter storm hardening and automatic transfer switches at each site connected to the existing City of Pearland Scada system for monitoring. 5. The city also requests the replacement of all normal and emergency feeders and overcurrent devices as part of this generator project, LEAF will investigate and assess the existing electrical switchboards and switchgear at each site for compatibility with this requirement. 6. An early equipment order package shall be issued to get the generators on order while the engineering is finalized. Early order package to be complete and ready for pricing issue at 60% construction document milestone. PROFESSIONAL SERVICES: BASIC SERVICES: The Consultant shall render the following professional engineering services to the OWNER in connection with the construction of the Project. Preliminary Design Phase Services 1. Data Collection a. Attend Design Kick -Off meeting with City. DocuSign Envelope ID: 76528950-4D14-4769-AACA-3A9CF58D8A92 Ms. Jennifer Lee City of Pearland Page 2 of 4 i. Review City informational resources and plan to obtain these. ii. Discuss objectives of project and adjacent projects. b. Procure additional data as required through field investigation of the existing facility and review of record drawings. Design Phase Services 1. Prepare Construction Plans and Specifications 2. Submit for review detailed construction plans at 60% & 90% (along with specifications form at 60% - include bid form & completed "front end documents" at 90%). 3. Attend technical review committee meetings as requested 4. Submit plans for City Engineer's signature 5. Prepare bid sets for distribution via the City's e -bid system Bid Phase Services 1. Provide support for bid phase, as necessary. 2. Respond in writing to questions from bidders and prepare addenda, as necessary. 3. Assist with design of Bid Proposal 4. Prepare Engineer's Recommendation of Award Letter that includes the following required content: a. Check for math errors and reconcile any mathematical discrepancies b. Review for unbalance bid items c. Certified Bid Tabulation including Engineer's estimate d. Review of contractor's financial standing and references provided e. Explanation of discrepancies between the Engineer's estimate and bids f. Recommendation to award ready for execution with City's Notice of Intent to Award (NOI) 5. Produce and transmit to the City of Pearland 5 project manuals and 5 half-size drawing sets ready for execution with NOI. 6. Produce and transmit to the City of Pearland one complete project manual and one full size set of plans for contractor. 7. Attend City Council meetings — council award of EWP and construction contract. Construction Phase Services 1. Construction Administration a. Attend pre -construction meeting to provide information & answer questions b. Attend monthly progress meetings with Construction Manager, Contractor & City of Pearland DocuSign Envelope ID: 76528950-4D14-4769-AACA-3A9CF58D8A92 Ms. Jennifer Lee City of Pearland Page 3 of 4 c. Review & comment on Construction's submittals, RFIs, RCOs including coordination with Construction Manager on Change Directives & Change Orders using the City of Pearland's Project Management software d. Review & approve monthly pay applications coordinating with Construction Manager using the City of Pearland's Project Management software e. Provide interpretive guidance for Contractor, Construction Manager in resolution of problems f. Coordinate with Construction Manager to review progress of work for Substantial Completion; with production of punch list; substantiation that items are completed; and issue both Certificate of Substantial Completion & Final Acceptance g. Review Record Drawings from Contractor's As-Builts in electronic format (CD) & hard copy format 2. Project Close Out a. Provide support services as needed during the project close out process. b. Obtain and review close out submittal from the contractor for completeness before transmitting to the city which include but are not limited to: Contractor's red lines and as -built notes ii. Warranty information iii. Operating Manuals iv. Start up and testing reports v. As -Built record drawings (in hard copy and digital format) 3. Issue Final Completion and Acceptance letter to the City recommending acceptance. FEES: LEAF Engineers will perform the professional services on the above referenced project for a fee of $110,558 plus reimbursable expenses related to printing and permitting authority plan approvals. Reimbursable expenses will be billed with a 1.0 multiplier (straight pass through without markup) and are not expected to exceed $750 for this project. Total maximum not to exceed fee for this project is $111,308 Fee Breakdown: a. Design Phase Services Garden Water Well Generator Replacement (Lump Sum) b. Design Phase Services Country Place Water Well Generator Replacement (Lump Sum) c. Bid Phase Services (Hourly not to exceed) d. Construction Phase Services (Hourly not to exceed) e. Reimbursable Expenses (Not to exceed) TOTAL $51,230 $37,728 $4,375 $17,225 $750 $111,308 DocuSign Envelope ID: 76528950-4D14-4769-AACA-3A9CF58D8A92 Ms. Jennifer Lee City of Pearland Page 4 of 4 Level of Effort Table: Engineering Personnel Category Hourly Billing Rate Estimated Man -Hours Project Manager/Director $195 90 Electrical Engineer $200 181 Electrical Designer $135-$160 80 Electrical Draftsman $115-$135 68 Plumbing Engineer $180 19 Plumbing Designer $130 26 Principal Engineer $285 6 Architect (PBK Architects) $175 As req'd Structural Engineer (Kubala Engineers) $190 22 _ Administrative Support $95 45 Construction Administrator $165 50 Project Schedule: Project Phase Activity Duration Schematic Design 15 days Design Development 25 days Construction Documents 90 days Bidding and Negotiation 60 days Construction Phase 240 days Close Out 60 days Total 490 days Exclusions: Air Sampling/Air Monitoring Services, Soil Boring and Testing, Utility Site Surveys, and Commissioning Please review this document and let me know what questions or comments the city may have regarding the proposal, professional fees, and services. There will be no additional services without prior written consent and authorization from the City of Pearland. Sincerely, LEAF Engineers Signature, arlt Madors'ky, P.E., CxA,`ED AP BD+C President