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R2007-126 2007-08-20 RESOLUTION NO. R2007 -126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR ARCHITECTURAL SERVICES ASSOCIATED WITH THE PUBLIC SAFETY BUILDING PROJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract for architectural services associated with the Public Safety 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 architectural services associated with the Public Safety Building Project. PASSED, APPROVED and ADOPTED this the 20th day of August, A.D., 2007. :J~R~ TOM REID MAYOR ~ ATTEST: APPROVED AS TO FORM: ~'ae- - DARRIN M. COKER CITY ATTORNEY Exhibit "A" Resolution No. R2007 -126 07 -0054 CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into on August 20th , 2007 by and between the City of Pearland ("CITY") and Huitt-Zollars, Inc. ("CONSULTANT"). The CITY engages the CONSULTANT to perform professional services for a project known and described as Public Safety Building (Project #F20102). 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 Consulting Architect-Engineering Services for the Public Safety Building. 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 an order of magnitude 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 documents prepared for this project in both hard copy and electronic format. Electronic documents shall be in .pdf format. E. The CONSULTANT recognizes that all documents or work products 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 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 anyone 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 anyone 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. 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. -2- SECTION II - PERIOD OF SERVICE This CONTRACT will be binding upon execution and end January 2010. SECTION III - CONSULTANT'S COMPENSATION A. The method of payment for this CONTRACT is a Lump Sum / NTE contract Total compensation for the services performed shall be the sum of $206,000.00 B. The CITY shall pay the CONSULTANT in installments based upon monthly progress reports and detailed invoices submitted by the CONSULTANT subject to Attachment A. 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. 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 proj ect 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 CONSULT ANT or its sub-consuItant(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 1500 South Dairy Ashford, Suite 200, Houston, Texas 77077. 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 CONSULT ANT under the CONTRACT, entirely or partially completed, together with all unused materials -3- 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 CONTRACTOR 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 with Attachments 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 -4- 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. The parties have executed this CONTRACT this 20th day of August ,2007. ~ CITY OF PEARLAND, TEXAS Bill Eisen, City Manager ,. eiJ~ P~. esl~+ -5- ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 08/11/2006 PRODUCER 432-571-4900 FAX 888-794-2604 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Stoltz and Company, Ltd. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 3300 N. A Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 1100 Midland, TX 79705 INSURERS AFFORDING COVERAGE NAIC# • INSURED Pierce Goodwin Alexander & Linville INSURER A: XL Specialty Insurance Company PGAL, LLC INSURER B: 5555 San Fel ipe INSURER C: Suite 1000 INSURER D: Houston, TX 77056 INSURERE: COVERAGES 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR NSRO DATE(MMIDDIYY) DATE(MMIDD/YY) GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ PREMISES(Ea occurence) CLAIMS MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ nPOLICY n! n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WCSIAIU- OTH- WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT ANY PROPRIETOR/PARTNER/EXECUTIVE $ OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ . . 'Lyesfdescribe.undeL SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT OTHER DPR9419931 08/12/2006 08/12/2007 $5,000,000 Per Claim Professional Liability A $5,000,000 Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of Pearl and Project #215.03015.00 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL c,ty of Pearl and 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Ci tn' =Ib.7Pett " BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY A3519 Liberty Drive OF ANY KIND UPON THE INSURER,ITS AGENTS OR�_J � REPRESENTATIVES.`'( TA Pearl and, TX 77581 AUTHORIZED REPRESENTATIVE /�/ 0 Mark A Stoltz/JRB ACORD 25(2001/08) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s),authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/08) FILIITTZOLLARS HUITT-ZOLLARS,INC. • 1500 South Dairy Ashford t Suite 200 t Houston,TX 77077-3858 t 281.496.0066 phone • 281.496.0220 fax r huitt-zollars.com August 14,2007 Mr.Mickiel G.Hodge Assistant City Manager City of Pearland 3519 Liberty Drive Pearland,Texas 77581 Reference: Program Management Services for Design-Build of Public Safety Building City of Pearland,Texas HZ 02- Subject: Revised Proposal Dear Mr.Hodge: Huitt-Zollars, Inc. (Huitt-Zollars) appreciates the opportunity to provide this revised proposal for professional architectural and engineering services to the City of Pearland, Texas (City) on the new 80,000 square feet,Leadership in Energy and Environmental Design(LEED) -certified Public Safety Building with parking area (Project). It is our understanding that the construction budget for the Project is currently around $ 18 million. Our proposal is based upon the City's Standard Terms and Conditions and the following scope of services,compensation,schedule and attachments contained herein. SCOPE OF SERVICES: 1.0 Basic Services: 1.1 DESIGN-BUILDER PROCUREMENT PHASE A. Huitt-Zollars, Inc., based upon a Building Program (BP) previously prepared by others, shall assist the City in the procurement of a Design-Builder(D-B) in a two-step process [Request for Qualifications (RFQ) and Request for Proposal (RFP)]. This effort may include, but is not limited to,the following. B. Huitt-Zollars shall, as requested, assist in formalizing the detailed performance and quality criteria for the RFQ and RFP. This effort may include,but is not limited to,the following. 1. Prepare the technical performance specifications and quality criteria (PS/QC) for architectural and engineering elements for this LEED-certified project. The intent of this effort is to provide clear,unambiguous documents which will allow the work product of the D-B to be evaluated/measured/observed against for compliance. This effort shall include, but not be limited to, incorporation of any City standards for various projects elements determined by City's PM to be applicable. 2. Meet with the City's PM and others, as designated by City's PM, for formulation of the PS/QC and City-specific requirements governing development and code enforcement. Huitt-Zollars should allow for one (1)meeting during this effort. Provide meeting minutes to the City. 3. Meet with the City for formulation and refinement of the RFQ. Page 1 of 6 HUITTZOLLARS 4. Develop Decision Criteria and Weighting of Criteria for evaluation of Statement of Qualifications(SOQ). 5. Issue RFQ and receive SOQs. 6. Prepare evaluation form and distribute SOQs to review committee members. 7. Prepare compilation of evaluations. 8. Recommend up to five (5) offerors to the City for approval and issuance of Request for Proposal. 9. Meet with the City for formulation and refinement of the RFP. 10. Develop Decision Criteria and Weighting of Criteria for evaluation of the Proposals. 11. Issue RFP and receive Proposals. 12. Prepare evaluation form and distribute Proposals to review committee members. C. Huitt-Zollars shall provide an order of magnitude cost estimate for the project. D. Huitt-Zollars shall assist with the review and evaluation of the D-Bs proposals. This effort may include,but is not limited to,the following. 1. Coordinate communications with the D-Bs as requested by City's PM. Final selection, if any, of the"best value"D-B will lie solely with the City. This will be accomplished via a selection committee composed of City employees. 2. As requested by City's PM,assist in the documentation of the selection process and provide summaries and reports in a format approved by City's PM. 3. Evaluate technical and managerial elements of each D-B proposal and rank in accordance with criteria established in the RFP and in a format approved by City's PM. 4. Review any value engineering proposals included in a proposal and provide a written evaluation to City's PM. 5. Review and comment on submitted proposed construction schedule and any assumptions upon which the schedule is based. 1.2 DESIGN DEVELOPMENT AND CONSTRUCTION DOCUMENT PHASE A. Huitt-Zollars shall, as requested, assist with the design development and construction document phase of the project. This effort may include,but is not limited to,the following. 1. Coordinate communications with the D-B as requested by City's PM. 2. Provide technical review of plans and specifications submittals (architectural and engineering) at each submittal phase. It is anticipated design submittals will be required at 50%, 70% and 95% stage of completion. Huitt-Zollars's technical review shall ensure the materials and systems proposed by the D-B meet the performance and quality criteria set Page 2 of 6 HUITTZOLLARS forth in the contract documents. The technical review shall also include review for compliance with any applicable provisions, rules, regulations, standards and codes of any authority or agency having jurisdiction over any element of the project. Format for review comments submittal shall require approval by City's PM. 3. Evaluate D-B value engineering proposals, if any, and advise City on the merits and disadvantages, if any, of each proposal. This shall include advising City of any changes to the requirements of the contract documents which may be required by acceptance of a value engineering proposal. 4. Review and reconcile all estimates and updates and provide a written report to City's PM identifying any variance and underlying cause for variance. This service will include discovery of unknown site conditions,changes in market conditions for labor and materials, unanticipated requirements of an agency of governing authority which has jurisdiction over any element of the project, owner requested change to the project scope, etc. Provide the written report within 14 calendar days of receipt of a cost estimate. 5. Track and report on the D-B actual progress versus scheduled progress and notify City's PM of any project issues that may arise which could impact the orderly progress of the project. 6. Attend any design development review meeting with governmental authorities, utility providers, etc. concerning regulatory compliance issues for utilization, access, and providing utilities to any site, etc. Provide a copy of meeting notes to City's PM within 3 calendar days of any meeting. 7. Huitt-Zollars shall consult freely with City's PM during this phase of the project and shall immediately advise him of any unusual requirements or features not apparent during formulation of the project requirements that may impact schedule and budget. 1.3 CONSTRUCTION ADMINIS I RATION PHASE A. Huitt-Zollars shall, as requested, provide services during the implementation phase of the project. This effort may include,but is not limited to,the following. 1. Conduct periodic site visits (not more than twice a month) to observe the construction of the project. Observations are to determine that the workmanship, quality of materials, and system(s) performance are in general conformance with the requirements of the plans and specifications. Observation shall be provided by personnel technically qualified by education and experience to competently observe such work. 2. Provide a written report on all site visits and submit to the City within 7 calendar days of site visit. Copies shall be submitted in hard copy and electronic format. Electronic format may be submitted as attachments to e-mail. 3. Maintain project files,readily accessible to City, for all construction drawings, request for information submittals, shop drawings, and any other documents, correspondence, etc. generated during the term of the project. City will maintain all record files and process all "open records"requests for information related to the project. 4. Review technical submittals, shop drawings, catalog data, laboratory, shop and mill test reports of materials and equipment for general conformance with design concepts. Page 3 of 6 HUITTZOLIARS 5. Provide independent cost estimates and evaluation of any proposed changes to the project either provided by the D-B as a "value engineering" proposal or as requested by City as a project enhancement/modification. This is to include assisting City, as requested, with negotiations for any proposed change determined by City to add value to the project. 6. Upon receipt of notification by the D-B that the work or a portion thereof as specified in the contract documents has been completed, the Program Manager and City shall conduct an inspection, performed by the appropriate members of his staff and/or affiliates and shall prepare a list of the items needing correction. After the D-B has performed the required corrections satisfactory to the City, a final inspection will be conducted. Huitt-Zollars shall accompany City on the final inspection to assure that the work or portion thereof has been completed in accordance with the requirements of the Contract Documents. Huitt-Zollars shall review all warranties, guarantees,bonds, equipment operating manuals, etc. to ensure that all documents are received and that they meet the requirements of the Contract Documents, after which they shall be transmitted to City. 7. Huitt-Zollars shall receive from the D-B and review all "record / as-built" drawings and verify all field changes/adjustments have been transmitted to the original CADD drawings and are clearly labeled as being"record/as-built"documents. Huitt-Zollars shall verify the drawing files are in compliance with the graphic standards requirements of the contract documents. Upon satisfaction that all requirements have been complied with, forward electronic files to the City. 8. Huitt-Zollars shall recommend to the City, once all contract requirements have been satisfied by the D-B,beneficial occupancy. 2.0 Additional Services: 2.1 Because the effort required for some items of work varies considerably from project to project, and because some items of work are sometimes provided separately by the City,these items of work are not included in the basic services fees and are charged separately. Additional Services, mutually agreed upon and authorized separately by the City in writing, shall be completed on a "Time and Materials" basis in accordance with the attached Hourly Rate Sheet. Such additional services may include: A. Engineering and/or Architectural Design Services B. Refinement or changing of Building Program C. Landscaping Services D. Rendering E. Surveying and Platting F. Construction Staking and Re-staking G. As-Built Survey H. Measured drawings of existing conditions I. Geotechnical and/or Environmental Investigations J. Providing a full-time Project Representative during construction to provide further consultation and advice to the City K. Assistance to the City as expert witness in any litigation, and special technical assistance to prepare for litigation L. Special economic and feasibility studies; detailed considerations of operation, maintenance, and overhead expenses; regional or area studies to establish basic data to justify or scope the Page 4 of 6 HUITTZOLIARS Project; special environmental assessments; and preparation of equipment O&M manuals; submissions required for approval of governmental authorities M. Preparation of Hydraulic/Hydrologic (drainage) Studies, submittals, and services concerning floodplain/floodway issues N. Preparation of Traffic Impact Studies O. Providing services made necessary by the default of the Construction Contractor, or by major defects of deficiencies in the Work of the Construction Contractor, or by failure of performance of Construction Contractor under the Contract for Construction P. Fees associated with Agency Reviews, Plats, Recordation, Tax Certificates, Title Commitments,Private Utility Information,Permitting and/or Inspections Q. Preparation of Record Drawings R. Any other service not otherwise included in the Basic Services 3.0 City Provided Services: 3.1 City shall provide Huitt-Zollars with the following: 3.1.1 Access to Project Sites 3.1.2 Any Agency Fees (as applicable) COMPENSATION: 1.0 Fee Budget 1.1 Our estimated fee budget for the Basic Services is as follows: A. Design-Builder Procurement Phase $ 40,000.00 (Lump Sum) B. Design Development and Construction Document Phase $ 107,000.00 (Lump Sum) C. Construction Administration Phase $ 56,000.00 (Hourly) 2.0 Reimbursable Expenses 2.1 Reimbursable expenses are estimated at $ 3,000.00 which includes reproduction of documents and mileage. Expenses shall be compensated based upon the attached Rate Schedule. 3.0 Total Estimated Budget 3.1 Our total estimated budget for this project is $206,000.00. 4.0 Invoicing 4.1 Invoices will be submitted monthly. Lump sum tasks shall be invoiced based upon percentage of work completed. Hourly tasks shall be invoiced based upon actual time spent working on the assignment based on the attached hourly rate sheet to a maximum not to exceed amount authorized by the City. SCHEDULE: The schedule for performing the scope of services is included as an attachment to this Agreement. Work shall begin upon Huitt-Zollars,Inc.receiving this proposal accepted and authorized in writing by the City. Page 5 of 6 HUITT7OLIARS ADDRESS OF NOTICES AND COMMUNIVATIONS: All notices and communications under this Agreement to be mailed or delivered to Huitt-Zollars, Inc. shall be sent to the following address: Huitt-Zollars,Inc. 1500 Dairy Ashford, Suite 200 Houston,Texas 77077 Attn: Gregory R.Wine,P.E.,LEED AP Senior Vice President Phone: 281-496-0066 Fax: 281-496-0220 Email: gwine@huitt-zollars.com All notices and communications under this Agreement to be mailed or delivered to the City shall be sent to the following address: City of Pearland 3519 Liberty Drive Pearland,Texas 77581 Attn: Mr.Mickiel G.Hodge Assistant City Manager Phone: 281-652-1650 Fax: 281-652-1708 Email: mhodgena ci.pearland.tx.us AUTHORIZATION: It is our understanding that this proposal, should it meet the City's approval and acceptance, will become an attachment to the City's Standard Agreement for this project. Upon receipt of a fully executed Agreement with the City, we will begin work on this project. If you have any questions,please call. Sincerely, HUITT-ZOLLARS,INC. , 6/14-4-1 Gregory R.Wine,P.E.,LEED AP Senior Vice President Enclosures Page 6 of 6 , 4 ,, Hurir-ADums RATE SHEET Engineering/Architecture Survey Principal-In-Charge $ 180.00 Survey Manager $ 150.00 Sr. Project Manager $ 170.00 Sr. Project Surveyor $ 125.00 Project Manager $ 165.00 Project Surveyor $ 110.00 QA/QC Manager $ 175.00 Surveyor Intern $ 98.00 Sr. Civil Engineer $ 165.00 Survey Technician $ 85.00 Sr. Structural Engineer $ 170.00 Sr. Mechanical Engineer $ 175.00 Survey Crews Sr. Electrical Engineer $ 160.00 Civil Engineer $ 160.00 1-Person Survey Crew $ 75.00 Structural Engineer $ 155.00 2-Person Survey Crew $ 125.00 Mechanical Engineer $ 150.00 3-Person Survey Crew $ 165.00 Electrical Engineer $ 150.00 1-Person Survey Crew-GPS $ 130.00 Plumbing Engineer $ 145.00 2-Person Survey Crew-GPS $ 180.00 Engineer Intern $ 105.00 3-Person Survey Crew-GPS $ 220.00 Sr. Architect $ 155.00 Architect $ 140.00 Construction Architect Intern $ 98.00 Sr. Landscape Architect $ 140.00 Construction Manager $ 155.00 Landscape Architect $ 110.00 Resident Engineer $ 135.00 Landscape Architect Intern $ 75.00 Resident Project Representative . . $ 95.00 Sr. Planner $ 155.00 Planner $ 145.00 Administrative Planner Intern $ 98.00 Sr. Project Support $ 65.00 Sr. Environmental Scientist $ 140.00 Project Support $ 55.00 Environmental Scientist $ 85.00 Sr. Designer $ 120.00 Reimbursable Expenses Designer $ 105.00 Consultants Cost + 10% Sr. CADD Technician $ 116.00 Other Direct Costs Cost + 10% CADD Technician $ 85.00 Mileage $0.485/mile Rates effective until December 31, 2007. City of Pearland HUITT---ZOLLARS; INC. New Public Safety Building Project D-B Procurement Schedule "` 4 3rd Quarter 4th Quarter 1st Quarter 2nd Quarte. ID Task Name Duration Start Finish Predecessors Jul AugSep_Oct ENO/Dec Jan FebMarApriMayJun 1 D-B Procurement Phase 68 days l Tue 8/21/07 Thu 11/22/07 iiiip 2 Prepare D-B Request for Qualfications(RFQ) 5 days Tue 8/21/07 Mon 8/27/07 8/21 8/27 3 Advertise and lsssue RFQ 7 days I Tue 8/28/07 I Wed 9/5/07 2 8/26 9/5 4 D-Bs prepare SOQs 10 days I Thu 9/6/07 Wed 9/19/07 3 9 6 9/19 5 D-Bs submit SOQs 1 day1 Thu 9/20/07 i Thu 9/20/07 4 $/20 9/20 6 Review/Evaluation of D-B Statement of Qualficiations(SOQ) 5 days C Fri 9/21/07 Thu 9/27/07 5 9/21 ;9/27 7 Recommend Top 5 Respondents to City for Approval I day Fri 9/28/07 I Fri 9/28/07 6 9/28 !9/28 8 Prepare Design Guidelines and Technical.Specifications 21 days Tue 8/21/07 I Tue 9/18/07 I 8/21 = • 18 9 • Prepare D-B Request for Proposal 10 days I Wed 9/5/07 Tue 9/18/07 i 9 5 El • 18 10 Issue Request for Proposal to Selected D-Bs 1 day; Mon 10/1/07 Mon 10/1/07 7 10/1 10/1 11 D-Bs prepare Proposals 16 days Tue 10/2/07 Tue 10/23/07 110 10/2 10/23 I 12 D-Bs submit Proposals 1 day Wed 10/24/07 I Wed 10/24/07 11 10/24 F10/24 I 1 13 Review/Evaluate D-Bs Proposals 5 days Thu 10/25/07 I Wed 10/31/07 12 10/25 �'r,10/31 14 Recommend Selection of"Best Value"D-B to City 1 day Thu 11/1/07 1 Thu 11/1/07 1 13 11/1 11/1 • 15 Negotiate with Best Value D-B 5 days 1 Fri 11/2/07 I Thu 11/8/07 114 1.1/2 1 11/8 I 16 City approves contract with Best Value D-B L 10 days Fri 11/9/07 Thu 11/22/07 15 11/9 m 11/22 17 ' Design Development and Construction Document Phase i 140 days Fri 11/23/07 Thu 6/5/08 18 Design Development 20 days Fri 11/23/07 Thu 12/20/07 16 11/23 m 12/20 19 50%CD Submittal Review 60 days Fri 12/21/07 Thu 3/13/08 18 12/21 :, 3/13 20 70%CD Submittal Review 20 days Fri 3/14/08 Thu 4/10/08 19 3/14 m 4/10 21 95%CD Submittal Review 40 days Fri 4/11/08 Thu 6/5/08 20 4/11 6/ 22 Construction Phase 308 days Thu 5/1/08 Mon 7/6/09 5/1 lipl Task l i i Rolled Up Task l" I External Tasks I - I Progress Rolled Up Milestone O Project Summary Date:Wed 8/15/07 Milestone ♦ Rolled Up Progress Group By Summary 11, 1 Summary lipmgp Split Page 1