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R-2013-010-2013-02-11RESOLUTION NO. R2013-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR ARCHITECTURAL SERVICES ASSOCIATED WITH THE RELOCATION OF FIRE & EMS STATION NO. 3. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract for architectural services associated with the relocation of Fire & EMS Station No. 3, 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 relocation of Fire & EMS Station No. 3. PASSED, APPROVED and ADOPTED this the 11th day of February, A.D., 2013. TOM REID MAYOR ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Resolution No. R2013-10 Exhibit "A" CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into on February 11 , 2013 by and between the City of Pearland ("CITY") and BROWN REYNOLDS WATFORD ARCHITECTS, INC. (BRW) ("CONSULTANT"). The CITY engages the CONSULTANT to perform Professional Engineering Services on the CITY OF PEARLAND FIRE & EMS STATION #3 PROJECT. (Project # FA1302). 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 engineering services in connection with the DESIGN AND ARCHITECTURAL & ENGINEERING SERVICES FOR THE NEW PEARLAND FIRE & EMS STATION #3 ON YOST ROAD. 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 fmal 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 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. 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. -2 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. SECTION II - PERIOD OF SERVICE This CONTRACT will be binding upon execution and end SEPTEMBER, 2015. SECTION III - CONSULTANT'S COMPENSATION A. The method of payment for this CONTRACT is LUMP SUM plus reimburseables. Compensation for the services performed shall be $255,090.00 for design services and $10,000 for reimburseables for a total of $265,090.00. B. The CITY shall pay the CONSULTANT in installments based upon monthly progress reports and detailed invoices submitted by the CONSULTANT 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 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. -3 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 2700 EARL RUDDER FREEWAY SOUTH, SUITE 4000, COLLEGE STATION, TEXAS 77845. Immediately after receiving such written notice, the CONSULTANT shall discontinue providing the services under this CONTRACT. B. If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT, entirely or partially completed, together with all unused materials supplied by the CITY on or before the 15t day following termination of the CONTRACT. C. In the event of such termination, the CONSULTANT shall be paid for services performed prior to receipt of the written notice of termination. The CITY shall make final payment within sixty (60) days after the CONSULTANT has delivered to the CITY a detailed invoice for services rendered and the documents or work product generated by the CONSULTANT under the CONTRACT. D. If the remuneration scheduled under this contract is based upon a fixed fee or definitely ascertainable sum, the portion of such sum payable shall be proportionate to the percentage of services completed by the CONSULTANT based upon the scope of work. E. In the event this CONTRACT is terminated, the CITY shall have the option of completing the work, or entering into a CONTRACT with another party for the completion of the work. F. If the CITY terminates this CONTRACT for cause and/or if the 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. -4 Design EXHIBIT A ARCHITECTURAL SCOPE OF SERVICES FOR FIRE & EMS STATION 3 1 of6 D23. Revised 10/12 Architectural Services: Standard Scope of Worli Services provided would include complete architectural, structural (including Windstorm Certification — WPI -8 Certificate), mechanical, electrical, plumbing, and civil design services. In addition the following services will be included. I. Programming Phase 1. Attend Pre -Development meeting and address points of clarification regarding the project. 2. Create a comprehensive Site Plan in accordance with the Unified Development Code (UDC), site utilities, facilities, drainage requirements and traffic planning. a. Coordinate with acquisition manager. 3. Create a Program of Spaces for building interior, including: basic information such as sizes, space requirements, workflows, activities and special uses. 4. Facilitate meetings with City staff as needed to develop basic components of the building, including City's building standards, equipment, materials and specialized requirements. 5. Review the Geotechnical Report provided by City and incorporate fmdings and recommendations into site design. Coordinate with structural and civil engineer as related to the design. 6. Review the Boundary and Topographical Survey provided by City. Coordinate with civil engineer for design. 7. Review Traffic Impact Analysis (TIA) provided by the City and incorporate fmdings and recommendations into site design. Coordinate with civil engineer as related to the design. 8. Attend coordination meetings with City staff and any pertinent external agencies (County, State and Federal) as required to determine and gain approvals from all pertinent entities. 9. Provide a schematic statement of probable cost and conceptual project schedule. 10. Prepare and submit one set of Final Project Program of Spaces (site plan program of spaces and adjacencies layout) for review and approval. a. Attend review meeting with City. Design 2 of 6 D23. Revised 10/12 II. Schematic Design Phase (30%) 1. Attend and chair monthly (or as requested by Project Manager) progress meetings with City of Pearland. a. Prepare and submit agenda at least two days prior to progress meeting. b. Prepare and submit progress meeting minutes in a timely manner. 2. Facilitate meetings with City staff to review building square footage, required utilities, drainage, zoning and traffic needs to develop Schematic Design Documents. 3. Obtain and review applicable City standards and guidelines for design (Design Criteria Manual, Unified Development Code) and provide design that meets City codes. 4. Provide design to obtain LEED Certified certification with current LEED New Construction standards and guidelines. 5. Prepare and submit four (4) sets of Schematic Documents, Schematic Cost Estimate and Schedule to complete design to the City staff for review and approval. (30% plan review). Components to include: a. Site plans, paving layouts and traffic circulation. b. Floor plans and building circulation. c. Exterior elevations, perspectives, rendering and color palette. d. Relevant site requirements. e. Identify utility requirements. 6. After receiving schematic design comments, initiate plan review process with critical stakeholders: 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. 7. Respond in writing to all City comments from items 5 and 6 in excel format. 8. Coordinate and send full set of plans to private utilities and service providers. Provide copy of transmittal letters to City. III. Design Development Phase (60%) 1. Attend and chair monthly (or as requested by Project Manager) progress meetings with City of Pearland. a. Prepare and submit agenda at least two days prior to progress meeting. b. Provide and submit progress meeting minutes in a timely manner. 2. Facilitate and attend meetings with City staff to develop Design Development Documents. 3. Prepare and submit four (4) sets of Design Development Documents including Detailed Specifications, Cost Estimate and Schedule to the City staff for review and approval. (60% plan review). Components to include: a. Site plans, paving layouts, traffic circulation, lighting, signage and utilities. b. Floor plans, Structural (WPI -8), Civil, Architectural, Storm Water Pollution Prevention Plan (SWPPP), MEP, Fire Protection,landscaping and irrigation. c. Exterior elevations, perspectives, rendering and color palette. d. All 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. 4. Respond in writing to all City comments on plans from items 2 in excel format. 5. Coordinate final utility plans. Design 3 of 6 D23. Revised 10/12 6. Coordinate and send full set of plans to private utilities and service providers. Provide copy of transmittal letters to City. 7. Coordinate architectural plans with mechanical, electrical, plumbing and structural plans. IV. Construction Documents Phase (90%) 1. Attend and chair monthly (or as requested by Project Manager) progress meetings with City of Pearland. a. Prepare and submit agenda at least two days prior to progress meeting. b. Prepare and submit progress meeting minutes in a timely manner. 2. Prepare complete Construction Documents and Specifications and submit four (4) sets to City staff for Code and general review and approval (90% plan review). 3. Attend follow up meetings with Fire Marshall, BDD4, City Engineer, Planning, Public Works, Building Maintenance, Information Technology and Chief Building Official (CBO). a. Obtain BDD4's approval and signature of plans. 4. Respond in writing to all City comments on from item 1 and 2 in excel format. 5. Complete Platting and record Plat. 6. Complete final coordination with private utilities and service providers and obtain all necessary signatures on each page of the full set of plans. 7. Prepare and submit four (4) 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. 8. Submit plans and coordinate with Texas Department of Licensing and Regulation (TDLR) or Registered Accessibility Specialist (RAS) for accessibility review. Obtain EAB Number and Plan Review Report. 9. Correct plans to reflect issues noted by Review for Permit. 10. Acquire signature of City Engineer and Chief Building Official. V. Bid Phase (Hourly, not to exceed) a. Provide Notice to Bidders (NTB) to the Project Manager in an electronic form appropriate for the e -bid system format. City is responsible for advertising. b. Provide electronic copy of bid ready plans and project manual to the Project Manager for the e -bid system. c. Coordinate and chair pre-bid meeting and attend the Bid Opening. d. Respond in writing to questions from bidders. Prepare and issue Addenda as necessary. e. Assist with design of Bid Proposal. f. Prepare Architect's Recommendation of Award Letter that includes the following required content: i. Check for math errors and reconcile any mathematical discrepancies. ii. Review for unbalance bid items. iii. Certified Bid Tabulation including Architect's estimate. iv. Review of contractor's financial standing and references provided. . v. Explanation of discrepancies between the Architect's estimate and bids. vi. Recommendation to award. Design 4 of 6 D23. Revised 10/12 2. Attend City Council meeting to answer questions and recommend award of Construction Contract. 3. Produce and transmit to selected contractor five (5) sets of project documents ready for execution with City's Notice of Intent to Award (NOl). VI. Construction Administration Phase (Hourly, not to exceed) 1. Facilitate Pre -Construction meeting with agenda. 2. Attend and chair monthly (or as requested by Project Manager) construction progress meetings. a. Provide and submit agenda at least two days prior to progress meeting. b. Provide and upload progress meeting minutes into Pro -Trak in a timely manner. 3. Provide Construction Administration. a. Coordinate with Project Coordinator on Pro -Trak training. b. Obtain and review schedule of values from contractor. i. Prepare and submit schedule of values in excel format ready for Pro - Trak (template provided by City) to Project Manager. c. Review, log and approve submittals, shop drawings, samples, product data, Request for Information, Request for Proposals, Change Orders, etc. in accordance with Contract Documents using City's Pro -Trak system. Coordinate with Construction Manager and Project Manager. d. Review Construction Materials Testing reports in Pro -Trak system. e. Review and approve applications for payment in Pro -Trak system. f. Provide direction for questions and concerns from the contractor and Construction/Project Manager in resolution of problems. 4. Provide Field Services for entire construction period a. Architect'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. Coordinate with City's Engineering inspector on a monthly basis. c. Provide & upload site visit report to Project Manager weekly in Pro -Trak. d. Coordinate WPI -8 inspection and documentation. e. Coordinate structural/mechanical/electrical/plumbing observations and certifications. 5. Conduct Substantial Completion Inspection a. Coordinate with Construction Manager/Project Manager to create and submit substantial completion punch list. b. Substantiate that items noted are completed through Pro -Trak. c. Issue Certificate of Substantial Completion in Pro -Trak. Design 5 of 6 D23. Revised 10/12 VII. Project Close Out 1. Conduct Final Completion Inspection a. Coordinate with Construction Manager/Project Manager to create and submit final punch list b. Substantiate that items noted are completed through Pro -Trak. 2. 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. 3. Coordinate WPI -8 inspection and obtain certificate. 4. Chair project close out meeting and coordinate project close out process. 5. Obtain and review close out submittal from the contractor for completeness before transmitting to the City which include but are not limited to: a. Contractor's red lines and as -built notes b. Warranty information c. Material Safety Data Sheet (MSDS) d. Operating Manuals e. Start up and testing reports f. Building commissioner report g. As -Built record drawings (in hard copy and digital format) 6. Issue Architect's Certificate of Final Completion and Acceptance letter to the City recommending acceptance. Additional Services 1.Testing and Balancing/Building Commissioning a. Fundamental Commissioning of Building Energy System Design 6 of 6 D23. Revised 10/12 BROWN REYNOLDS WATFORD February 1, 2013 City of Pearland ATTN: Cuong Le, CAPM Project Manager 3519 Liberty Drive, Suite 300 Pearland, Texas 77581 Re: City of Pearland Fire and EMS Station No.3 Architectural Design Services BRW Project No.: BDHOLLIDAY-LO BRW ARCHITECTS, INC, 2700 EARL RUDDER FREEWAY SOUTH SUITE 4000 COLLEGE STATION, TEXAS 77845 979-694-1791 FAX 694-8293 www.brwarch.com This proposal is for basic professional architectural services for a new facility, Pearland Fire & EMS Station No. 3 for the City of Pearland. The professional services shall include the following: Project Description: Design services for the new Fire & EMS Station No. 3 located in Pearland, Texas. The new Station will be approximately 10,000 square feet, to house ten employees, and with an estimated construction budget of $2,100,000, which includes LEED certification, audio visual, alerting system, security system design, WPI -8 certification, traffic signal adjustments and demolishing existing EMS house. The design criteria will meet hurricane resistance for 140 MPH/3 second wind gust and the Texas Department of Insurance guidelines for certification. I. Scope of Architectural Services: Architectural • Description of basic services listed below under Scope of Services by Project Phase. • Designed for Base LEED Certification. • Designed for TDI Certification for 140 MPH/3 second wind gusts. • Provide kitchen equipment with fire suppression. • Comply with 518 Corridor overlay district • Comply with NFPA 1500, 2005 NEC, IBC 2006, IPC 2006, IMC 2006 and 2009 Energy Code • Provide statements of probable cost at each phase and at 100% (5 statements total) • Provide one furnishing plan • Bid Method provided will be Competitive Sealed Proposals Landscape • Landscape design to meet Zoning Ordinance requirements as applicable and drought -tolerant / Native vegetation goals. Landscape Irrigation • Irrigation system design and documentation 1 Civil • Drainage, grading and paving design • Grading spot elevations adequate for TAS compliance • On-site water and sewer utilities • Detention Pond Study engineering with on-site storage if possible. • Coordinate with City Engineer on SWPPP. Provide CD site and drainage plans to the City Engineer. • Traffic Engineering based on the City provided traffic impact analysis. Structural • Foundation and structural framing • Structural windstorm investigation, inspection, submit and obtain TDI certification for 110 mph. Mechanical, Plumbing and Electrical • Mechanical systems, including temperature controls systems and written sequence of operations • Fire protection (sprinkler system) performance specification • Electrical power, lighting, and fire alarm systems • Coordination with utility companies for electrical power, telephone, fiber, cable TV, etc. service entrances. • Emergency generator • Conduit and boxes for low voltage wiring • Specialized grounding for radio system • Station radio, antenna and alerting systems. Provide Comtech Communications with plans. • Security employee card control • LEED Commissioning • Energy Efficient / Life Cycle • Security — use SecureNet • Building to be designed and pre -wired for audio visual and network cabling • Provide design of emergency lighting and electrical for install. 11. Exclusions from Basic Services: The services shown below are not anticipated at this time; however, project requirements identified during design may require them to be added. Architectural • As -built drawings of existing building and other structures. • Furniture and office equipment procurement • Fitness equipment procurement • Professional models and renderings produced out -of -house • City will provide their own contract with the contractor. • Preparation or assistance of additional bid packages after the initial bid. • Full time on site construction observation • Environmental or hazardous materials conditions / issues Civil • Property Plat • Zoning modifications, including street abandonments, easements • Environmental or hazardous materials conditions / issues Mechanical, Plumbing and Electrical • Fire protection (sprinkler) system design (beyond performance specification) • Lightning protection • Technology Design and Documentation • AN Design • Acoustical Design and Documentation 2 III. Owner Responsibilities • • For scope changes or building size increases, a Contract Amendment will be executed to adjust the Contract amount to compensate Architect for the additional professional services required for that change. However, Contract amount shall not increase or decrease based on the bid price of the work. The Owner shall provide written comments within fourteen (14) calendar days pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architects' services. The Owner shall not modify a decision once given to the Architect without additional compensation to the Architect. The Architect's services are copyrighted and for the sole benefit of Owner. No third party may use or benefit from the Architect's services or products for this project. In the event that the property is sold, the new owner shall have no recourse or benefit from the Architect's services rendered for this project. IV. Owner Provided Services and System The Owner shall furnish services or building systems other than Basic Services, or authorize the Architect to furnish them as an Additional Service, when such services are required to complete the project. These services may include those listed below as applicable: • Topographic Survey • Boundary, Easements Descriptions Survey • Geotechnical Survey • Laboratory materials testing / inspections (during construction) • Telecommunications and computer equipment, fiber optic cabling, wire management systems, and terminations • Architect to coordinate service for station radio, antenna and alerting systems • Audio / visual systems • Building security systems • Electrical provider 2 -year contract. • Asbestos Assessment & Report • Mold Assessment & Report • Storm Water Pollutant Prevention Plan (SWPPP) Engineering to be provided by the City Engineer. V. Scope of Services by Project Phase: A. Programing and Schematic Design includes the following: 1. Kick Off Meeting. Review scope of work with project team. Identify contact information as well as chain of command for distributing information. 2. Attend Pre -Development meeting and address points of clarification regarding the project and up to three other meetings to establish requirements and space planning. 3. Create a Site Plan in accordance with the Unified Development Code (UDC), site utilities, facilities, drainage requirements and traffic planning. a. Coordinate with acquisition manager. 4. Create a Program of Spaces for building interior, including: basic information such as sizes, space requirements, workflows, activities and special uses. 5. Facilitate meetings with City staff as needed to develop basic components of the building, including City's building standards, equipment, materials and specialized requirements. 6. Review the Geotechnical Report provided by City to be coordinated with the Civil and Structural Engineers as related to the design. 3 7. Review the Boundary and Topographical Survey provided by City. Coordinate with civil engineer to review and document potential conflicts for design. 8. Review Traffic Impact Analysis (TIA) provided by the City and incorporate findings and recommendations into site design. Coordinate with civil engineer as related to the design. 9. Attend coordination meetings with City staff and any pertinent extemal agencies (County, State and Federal) as required to determine and gain approvals from all pertinent entities. 10. Statement of Probable Cost and conceptual project schedule. BRW will provide a statement of probable cost at the completion of Schematic Design, which will be a general estimate developed from several cost data bases including our own to determine the cost per square foot. BRW will submit 5 copies of the 81/2 x 11 estimate. 11. Prepare and submit one set of Final Project Program of Spaces (site plan program of spaces and adjacencies layout) for review and approval. a. Attend review meetings with City. 12. Attend and chair (or as required/requested by Project Manager) progress meetings with The City of Pearland. a. Prepare and submit agenda at least two days prior to progress meeting. b. Prepare and submit progress meeting minutes in a timely manner. 13. Facilitate meetings with City staff to review building square footage, required utilities, drainage, zoning and traffic needs to develop Schematic Design Documents. 14. Obtain and review applicable City standards and guidelines for design (Design Criteria Manual, Unified Development Code) and provide design that meets City codes. a. Code research. Research the International Building Code requirements as well as electrical, lighting, and mechanical, site, floodplain, TAS by identifying requirements and restrictions related to the new building. 15. Provide design to obtain LEED Certified certification with current LEED New Construction standards and guidelines. 16. Conceptual Design. BRW will provide two schemes for conceptual design of Fire & EMS Station No. 3. Upon review of the schemes, one of the schemes is selected for modification and further development in Schematic Design. The Architect shall provide Schematic Design Documents based on the mutually agreed-upon space program, schedule, and budget for the Cost of the Work. The documents shall establish the preliminary design illustrating the scale and relationship of the components. 17. Prepare complete Schematic Documents, Schematic Cost Estimate and Schedule to complete design and submit an electronic file in PDF format and four (4) sets of 30" x 42" to the City staff for review and approval. City has a minimum of two weeks for review. (30% plan review). Components to include: a. Site plans, utilities and paving layouts and traffic circulation. b. Floor plans and building circulation. c. Exterior elevations, perspectives and rendering. d. Relevant Civil & Traffic requirements induding emergency vehicle ingress/egress and drainage facilities. 18. After receiving schematic design comments, initiate plan review process with critical stakeholders: 4 a. Planning Department, Building officials, Fire Marshall and Engineering Department to review project requirements and traffic modifications. b. City Engineer and Brazoria Drainage District 4 (BDD4) to review project drainage. c. Public Works to review utilities. 19. BRW will respond in writing to all City review comments in excel format. 20. Coordinate and send full set of plans to private utilities and service providers. Provide copy of transmittal letters to City. 21. The Schematic Design Phase shall consist of three design meetings. B. Design Development 1. Upon receiving a letter of notice to proceed, BRW will develop the Schematic Design to greater detail. The Architect shall provide Design Development Documents based on the approved Schematic Design Documents and probable cost of the Work. The Design Development Documents shall illustrate and describe the refinement of the design establishing the scope, relationships, forms, size and appearance of the project by means of plans, sections and elevations, typical construction details, and outline specifications. The Design Development Documents shall include in general the quality levels for major materials and project systems. 2. During the design process, the Architect shall work with the Owner and user groups to coordinate the scope of the project. At the completion of Design Development, the Architect shall update the probable cost of the Work and the project schedule. The Architect shall advise the Owner of any changes from previous cost projections due to adjustments in the project scope, refinement of the probable cost of the work, or general market conditions. If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget, the Architect shall make appropriate recommendations to the Owner to adjust the project's size, quality or budget, and the Owner shall cooperate with the Architect in making such adjustments. 3. BRW will provide preliminary mechanical, electrical, and plumbing engineering. Minimal structural engineering services will be needed to analyze the weight of mechanical equipment on the roof. Design and coordination with the Owner's IT department will be implemented at this phase. During this phase interior elevations will be developed and BRW will review finish materials, lighting, and furniture. BRW will review with the Owner, equipment and furniture that are owner supplied vs. items supplied by the contractor during construction. Door hardware will be outlined and reviewed. BRW will prepare an outline for materials and products used for specifications. 4. BRW will attend and chair (or as required/requested by Project Manager) progress meetings with City of Pearland. a. Prepare and submit agenda at least two days prior to progress meeting. b. Provide and submit progress meeting minutes in a timely manner. 5. Prepare complete Design Development Documents including draft Detailed Specifications, updated Cost Estimate and Schedule to Complete Design and submit an electronic file in pdf format and three (3) sets (30." x 42") to the City staff for review and approval. City has a minimum of two weeks for review. (60% plan review). Components to include: a. Site plans, paving layouts, traffic circulation, lighting, signage and utilities. b. Floor plans, Structural, Civil, Architectural and MEP. 5 c. Exterior elevations, perspectives and rendering. d. Building sections and details. e. Interior elevations, casework and millwork elevations. f. Finalized drainage study and calculations. g. Report addressing all City's Design Criteria and Code requirements. 6. Respond in writing to all City review comments in excel format. 7. Coordinate final utility plans. 8. Provide and submit electrical head analysis to Centerpoint for electric service. 9. Coordinate architectural plans with mechanical, electrical, plumbing and structural plans. 10. Meetings and Deliverables. The Design Development Phase shall consist of two (2) working design meeting with the Owner. C. Construction Documents 1. Attend and chair (or as required/requested by Project Manager) progress meetings with the City of Pearland. a. Prepare and submit agenda at least two days prior to progress meeting. b. Prepare and submit progress meeting minutes in a timely manner. 2. Provide one (1) Furnishing Plan at 90% completion of Construction Documents. 3. Prepare complete Construction Documents and Specifications and submit an electronic file in pdf format and four (4) sets (30" x 42") to City staff for Code and general review and approval (90% plan review). 4. Attend follow up meetings with Fire Marshall, BDD4, City Engineer, Planning, Public Works, Building Maintenance, Information Technology and Chief Building Official (CBO). a. Obtain BDD4's approval and signature of plans. 5. Respond in writing to all City review comments in excel format. 6. Prepare complete Construction Documents, including 90% written responses, Specifications, Architect's Cost Estimate and Schedule and submit for Permit. 7. Submit plans and coordinate with Texas Department of Licensing and Regulation (TDLR) or Registered Accessibility Specialist (RAS) for accessibility review. Obtain EAB Number and Plan Review Report. 8. Correct plans to reflect issues noted by Review for Permit. 9. Acquire signature of City Engineer and Chief Building Official. 10. The Architect shall provide Construction Documents based on the approved Design Development Documents and updated probable cost of the Work. The Construction Documents shall set forth in detail the requirements for construction of the Project. The Construction Documents shall include Drawings and Specifications that establish in detail the quality levels of materials and project systems required for construction. 11. The Architect shall update the estimate of the Cost of the Work and project schedule at 60% and 95% completion of Construction Documents. It is recognized that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the 6 Contractor's methods of determining bid prices, over competitive bidding, or market conditions. Accordingly, the Architect cannot and does not warrant or represent that bids will not vary from the Owner's budget or the Architect's cost estimates. 12. During the development of the Construction Documents, the Architects shall prepare a Project Manual including (1) bidding and procurement information which describes the time, place and conditions of bidding; bidding or proposal forms; and (2) the Conditions of the contract for Construction (General, Supplementary and other Conditions). 13. Final design and coordination of the civil, structural, mechanical, electrical, and plumbing will be completed. Mechanical engineering will indude sizing of equipment, ducts, diffusers, dampers, and appropriate calculations. Plumbing engineer will indude design of waste water system tied into the existing system, supply water, and gas system. Electrical engineer will provide lighting, speaker system, phone, cable, and data wiring as well as coordinate with security and alerting systems. Civil engineering work will be reviewed and coordinated and final details will be drawn and specified. 14. BRW will update the project schedule. 15. Coordination of all architectural drawing will be detailed and finalized. Specifications will be coordinated with drawings and completed. The Owner shall provide the solicitation documents for inclusion in the specifications. 16. The Construction Document Phase shall consist of five meetings. D. Bid Phase (Hourly Not to Exceed) 1. Bid Method provided will be Competitive Sealed Proposals and Architect shall assist the City with questions and evaluations. 2. Bidding a. Provide Notice to Bidders (NTB) to the Project Manager in an electronic form appropriate for the e -bid system format. City is responsible for advertising. b. Provide electronic copy of bid ready plans and project manual to the Project Manager for the e -bid system. c. Coordinate and chair pre-bid meeting and attend the Bid Opening. d. Respond in writing to questions from bidders. Prepare and issue Addenda as necessary. e. Prepare BRW's Recommendation of Award Letter that includes the following required content: i. Check for irregularities. ii. Review for unbalance bid items. iii. Certified Bid Tabulation including Architect's estimate. iv. Review of contractor's financial standing and references provided. v. Explanation of discrepancies between BRW's estimate and bids. vi. Recommendation to award. 2. Attend one (1) City Council meeting to answer questions and recommend award of Construction Contract. 3. The BRW will provide the drawings and specifications to the contractors through the city's web site. Hard copy documents will be provided by the Architect to the Contractor at additional cost, which is included in reimbursable expenses referenced in this proposal in Item VIII. "Compensation." 7 E. Construction Administration Phase (Hourly, not to exceed) 1. Prepare and chair Pre -Construction meeting with agenda and sign in sheet. 2. Attend and chair (or as requested by Project Manager) construction progress meetings. a. Provide and submit agenda at least two days prior to progress meeting. b. Provide and upload progress meeting minutes into Pro -Trak in a timely manner. 3. Provide Construction Administration. a. Coordinate with Project Coordinator on Pro -Trak training. b. Obtain and review schedule of values from contractor for irregularities and completeness. i. Schedule of values from contractor needs to use City provided excel format template. c. Review, log and approve submittals, shop drawings, samples, product data, Request for Information, prepare Request for Proposals and Change Orders, etc. in accordance with Contract Documents using City's Pro -Trak system. Coordinate with Construction Manager and Project Manager. i. The Architect shall review and approve or take other appropriate action upon Contractor's submittals such as shop drawings, product data, samples, and mock-ups for general conformance with information given and the design concept expressed in the Contract Documents. Review is not conducted for the purpose of determining the accuracy, completeness, or quantities, or for substantiating instructions for installation or performance of equipment or systems. d. Review Construction Materials Testing reports in Pro -Trak system. e. Review and approve applications for payment in Pro -Trak system. i. The Architect shall review and certify the amounts requested by the Contractor on the Application and Certification for Payment. The issuance of a Certification for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality of the work, (2) reviewed construction means, methods, techniques, or sequences, (3) reviewed copies of requisitions received from Subcontractors and material suppliers, or (4) ascertain how or for what purpose the Contractor has used money previously paid on account of the contract sum. f. Provide direction for questions and concerns from the contractor and Construction/Project Manager in resolution of problems. 4. Provide Field Services for entire construction period a. Architect's Construction Administrator to conduct a site visit a minimum of one (1) time per month or as requested by City, including observation of structural concrete placement, underground piping installation and inspections, mechanical/electrical/plumbing cover up, masonry installation, ceiling cover ups, etc. b. Coordinate with City's Engineering Inspector. c. Provide & upload site visit report to Project Manager in Pro -Trak. d. Coordinate WPI -8 inspection and documentation with Structural Engineer and Contractor. e. Coordinate and review Contractor's s LEED Certification submittals. f. Coordinate structural/mechanical/electrical/plumbing observations and certifications. 5. Conduct Substantial Completion Inspection a. Coordinate with Construction Manager/Project Manager to create and submit substantial completion punchlist list through Pro -Trak. b. Substantiate that items noted are completed through Pro -Trak. c. Issue Certificate of Substantial Completion through Pro -Trak. 8 6. Project Close Out a. Conduct Final Completion Inspection Coordinate with Construction Manager/Project Manager to create and submit final punch list through Pro -Trak. ii. Substantiate that items noted are completed through Pro -Trak. iii. Issue Certificate of Final Completion through Pro -Trak. b. 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. c. Conduct 1 year Warranty Inspection One (1) site visit for an eleven (11) month warranty walk through after substantial completion. ii. Coordinate with Construction Manager/Project Manager to create and submit warranty punch list through Pro -Trak. Substantiate that items noted are completed through Pro -Trak. d. Coordinate WPI -8 inspection and obtain certificate. e. Coordinate LEED Certification and obtain certificate. f. Chair project close out meeting and coordinate project close out process. g. Obtain and review close out submittal from the contractor for completeness before transmitting to the City which include but are not limited to: i. Contractor's red lines and as -built notes ii. Warranty information Material Safety Data Sheet (MSDS) iv. Operating Manuals v. Start up and testing reports vi. Building commissioner report h. BRW obtain Contractor's Redlines and create As -Built record drawings to submit to the City by hard copy and digital format. Issue Architect's Certificate of Final Completion and Acceptance letter to the City recommending acceptance in Pro -Trak. 7. The Architect shall not have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction as selected by the Contractor, or for the safety precautions and programs incident to the work of the Contractor, or for the failure of the Contractor to comply with laws, rules, regulations, ordinances, codes or orders applicable to the Contractor furnishing and performing the work. 8. Through the construction administration activities with monthly progress meetings, submittal approvals, RFI's, change orders, construction schedule approval, and project close-out, BRW will serve as the representative of the Owner during construction to observe the construction effort and the general conformance by the construction contractor with the construction drawings and specifications. 9. Architect shall perform final closeout procedures as defined in the Contract Documents, including preparation and verification of Punch Lists for the Contractor's use. 10. Total working meetings with Owner included in this phase: fifteen (15) a. Additional meetings at owner's request shall be reimburse at hourly rates. 11. Construction Administration services provided more than sixty (60) days after the date of the Substantial Completion, originally established in the construction contract shall be Additional Services,•with the exception of final completion and project closeout, and warranty walk. The monthly lump -sum fee for extended Construction Administration (CA) services shall be the CA portion of the fee divided by the number of months for construction originally established in the construction contract. 9 VI. LEED Scope of Services A. LEED Goals Assessment 1. Kick -Off Meeting a. Attend & Chair Design team and City staff through preliminary discussion of LEED New Construction (NC) rating system, strategies and goals specific to the Pearland Fire Station. b. Establish Fire Station/EMS Project Requirements for Commissioning of the Building c. Establish Basis of Fire Station/EMS Design for Commissioning of the Building d. Establish preliminary LEED NC scorecard and key goals e. Establish LEED project schedule and estimated LEED submittal deadlines f. Kick-off meeting participants should include: city officials, the occupants (fire and EMS personnel), maintenance and custodial staff, the architect (BRW), lighting designer (BRW), civil engineer, and MEP engineer. 2. BRW will Designate a LEED Project Team Administrator a. A LEED Accredited Professional b. Involved early and remain on the team until the LEED process is complete 3. BRW will perform a Feasibility Assessment a. Examine LEED NC credit eligibility in depth and confirm strategies & methods for achieving credits specified in LEED NC target plan 4. BRW will Register the project with the Green Building Certification Institute (GBCI) a. Setup credits, roles, and responsibilities online B. Fire Station/EMS Design for LEED 1. Credit Documentation a. Architect & Engineer will Prepare calculations and development of documents and drawings to support LEED credits b. Architect & Engineer will Submit individual credit documentation c. Verify LEED Project Submittal Checklist; refer to Attachment No. 1 of this proposal. 2. Technical Support a. Review & Coordinate products & systems from engineering consultants and design team as they relate to LEED rating system. Complete and submit online documentation of LEED products. 3. Communication a. BRW to provide status reports at intervals to be determined by the team. Coordinate interim meetings and conference calls to support integrated design process b. BRW to develop and discuss strategies with engineers to meet LEED goals in design meetings with all design team members 4. MEP LEED Design a. Participate in technical analysis meetings related to LEED design b. Develop strategies to design high efficiency MEP systems to minimize electrical Toads from lighting, equipment and appliances to meet LEED requirements c. Design LEED specific water efficient plumbing systems (minimize waste water, use re -circulating hot water system) d. Design LEED Specific Energy efficient lighting systems e. Provide site Photometric lighting calculations to meet LEED requirements f. Participate in LEED documentation/Certification process for MEP design g. Perform Energy Modeling to exceed ASHRAE requirements for LEED certification 10 C. Construction Documents 1. Have each design team member (BRW and engineering consultants) report on LEED criteria compliance 2. Perform proper online documentation for each LEED credit 3. State the level of LEED certification intended on the Construction Documents 4. Write detailed LEED compliant Specifications — essential tool during bidding and construction as many general contractors are still very unfamiliar with LEED and its documentation process a. Reference LEED goals in Division 1 of bid specifications b. Reference LEED credits and the associated requirements throughout all applicable sections of the specifications to ensure all subcontractors are aware of their responsibilities regarding LEED c. Specify that LEED Submittals shall be compiled by the General Contractor during construction in a similar fashion to the conventional Submittals 5. BRW to Submit completed design to GBCI for LEED Design Review a. LEED Project Team Administrator should check all LEED design credits prior to submission D. Construction Phase 1. Prepare and chair Pre -Bid presentation to discuss the Green Building goals and the LEED requirements that are pertinent to the contractor 2. Meet with successful bidder and subcontractors to review Green Building expectations and submittal requirements. a. Emphasize and review the importance of specific LEED requirements b. Include LEED related requirements in the Schedule of Values to ensure diligence in completing required reporting 3. LEED Administrator and all engineering consultants will carefully review all LEED Submittals from General Contractor a. LEED Submittals must be reviewed and approved during construction to ensure that all of the proper documentation is received. Thorough documentation of construction practices is required for the LEED application submittal 4. Ensure site related Green Building goals are achieved a. Erosion and Sedimentation control b. Construction Waste Management implementation c. Creation and implementation of a Construction Indoor Air Quality (IAQ) Management Plan d. Reduced site disturbance 5. Request monthly LEED status report meetings which should include: a. Review of the LEED site binders b. Review of LEED practices c. Review of photo log d. Review of sign off sheets showing the subcontractors have reviewed LEED polices 6. Confirm that Green Building goals are not compromised during construction a. Obtain proper documentation from the contractor based on the selected LEED credits b. Ensure that any substitutions are consistent with LEED credits and that the overall LEED certification level is not compromised 7. Commissioning — MEP Consultant will provide Commissioning Agent to: a. Review the plans and specifications for compliance with LEED standards 11 b. Inspect all MEP systems after contractor commissioning to verify compliance with the plans and specification c. Determine if the Owner's Project Requirements (OPR) and Basis of Design (BOD) determined in the kick-off meeting was met d. Develop Commissioning Reports required for submission to GBCI for LEED Certification E. LEED Application and Submittal Coordination 1. Submit the LEED Construction Review Submittal to the GBCI a. May include the re -submittal of LEED Design Review credits that were corrected or changed since the LEED Design Review submittal 2. Coordinate credit appeals to GBCI - If Necessary 3. Provide follow-ups and obtain LEED Certification. VII. Travel Twenty five (25) visits to the site by the Architect over the duration of the Project during construction. The 25 visits shall be split into 10 visits during design and 15 visits during construction and any additional design and site visits requested by the Owner shall be reimbursable expenses to the Architect. VIII. Compensation Payment for Basic Architectural Services is a fixed fee in the amount of $255,090.00 plus reimbursables not to exceed 10,000.00. To be invoiced monthly based on the percentage of work completed with appropriate back up documentation, as requested by the City. This compensation is based upon a construction budget of $ 2,100,000.00. Architectural Design Fees for Basic Services with cost breakdown on Design/Document Phase and Bidding/Construction Administration Phase: Discipline Design Construction Admin TOTAL FEE BRW Architects CMI Engineering Structural Engineering MEP Enaineerinq Total Fees (Basic Services) $ 106,950.00 $ 17,625.00 $ 12,420.00 $ 20.625.00 $ 157,620.00 $ 35,650.00 $ 5,875.00 $ 4,140.00 $ 6.875.00 $ 52,540.00 Fee Schedule for Requested Contracted Additional Services: WPI -8 Certification Security Design LEED Design (BRW) LEED Design (MEP) LEED Certification (BRW) LEED Certification (MEP) $ 2,600.00 $ 3,000.00 $ 10,100.00 $ 15,480.00 $ 4,000.00 $ 9.750.00 Total Requested Services $ 44,930.00 (2.1%) $ 142,600.00 $ 23,500.00 $ 16, 560.00 $ 27.500.00 $ 210,160.00 (10%) Fee Total for Basic Architectural Services and Requested Additional Services $ 255,090.00 (12.1 %) Fee Total with Reimbursables (Not To Exceed $ 10,000.00) $ 265,090.00 (12.6%) 12 Architectural Fee for Basic Design Services Fee Breakdown by Phase: Programming and Schematic Design Design Development Phase Construction Documents $ 57,395.00 30% $ 57,395.00 30% $ 76.528.00 40% Fee Sub -Total by Phase Bidding or Negotiation Phase Construction Phase Fee Subtotal (Not to Exceed) by Phase $ 191,318.00 100% (75% Project Completed) $ 12,754.00 05% (Not To Exceed) $ 51,018.00 20% (Not To Exceed) $ 63,772.00 Reimbursable expenses are in addition to the fee and shall be approved in advance by the Owner. Reimbursable expenses limited to document reproduction (in-house excluded), company expenses, courier and overnight deliveries, with a Not -to Exceed amount shown below, shall be invoiced at 1.10 of the cost billed to the Architect. Reimbursable expenses limited to in-house reproduction, mileage expense, TDLR Texas Accessibility Standards document review fee and the TDLR site inspection fee, with a Not -to Exceed amount shown below, shall be invoiced at 1.00 of the cost billed to the Architect. • Document Reproduction (in-house and out) • Courier and Overnight deliveries • TDLR Texas Accessibility Standards Document Review Fee • TDLR Site inspection Fee • Mileage at Current IRS Rate .56/mile Not to Exceed IX. Additional Services $ 4,700.00 $ 100.00 $ 1,000.00 $ 1,000.00 $ 3,200.00 $10,000.00 Additional Services or modifications to the project scope or professional services shall be authorized in writing by the Owner and shall be computed at 1.1 times the amount billed the Architect for existing or new consultants or expenses. The Basic Services noted above exclude the following list of services. Other services may be provided as needed or requested as an additional service. 1. Technology Design and Documentation 2. NV Design Additional Services performed by BRW Architects shall be authorized in writing by the Owner and compensated at the hourly rates listed below. BRW Architects Hourly Rates: Senior Principal Director Senior Project Manager Project Manager Project Architect Architect Architectural Intern 1 Architectural Intern II Administrative Staff $ 210.00 per hour $ 210.00 per hour $ 200.00 per hour $ 185.00 per hour $ 165.00 per hour $ 130.00 per hour $ 125.00 per hour $ 105.00 per hour $ 85.00 per hour $ 70.00 per hour 13 X. Project Schedule We anticipate the following time periods for the project phases: Programming & Schematic 4 weeks Start 2/13/2013 Finish 3/11/2013 50% Review 100% Review Design Development 6 weeks Start 3/11/2013 Finish 04/24/2013 50% Review 100 Review Construction Documents 16 weeks Start 04/24/2013 Finish 08/21/2013 50% Review 95% Review 100% Final Deliverables Total Design 26 weeks Bidding Building Construction 4 weeks Start 08/21/2013 Finish 09/18/2013 9 months Start 08/05/2013 Finish 06/18/2014 XI. SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: Any element of this Agreement later held to violate a law or regulation shall be deemed void, and all Remaining provisions shall continue in force. However, the Owner and the Architect will, in good faith, attempt to replace an invalid or unenforceable provision with one that is valid and enforceable, and which comes as close as possible to expressing the intent of the original provision. The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional Practices of persons registered as architects in Texas: Texas Board of Architectural Examiners (TBAE) P.O. Box 12337 Austin, Texas 78711 512/ 305.9000 BRW looks forward to working with the City of Pearland and the Pearland Fire Department. Let us know if you have questions regarding this proposal. If the terms and conditions are acceptable please sign below and we can get started. Sincerely, Ray Holliday, AIA, ASLA, LI Studio Director 14 BROWN REYNOLDS WATFORD TRANSMITTAL DATE: February 14, 2013 TO: ADDRESS: Cuong Le, CAPM Project Manager City of Pearland 3519 Liberty Drive, Suite 300 Pearland, Texas 77581 BRW RECEIVED ARCHITECTS FEB 1 5 13 City d Peodond Protects Dept 2700 EARL RUDDER FWY S. SUITE 4000 COLLEGE STATION, TEXAS 77845 979-694-1791 FAX 694-8293 WWW.BRWARCH.COM FROM: MARK E. WATFORD, FAIA PRINCIPAL RE: City of Pearland Contract for Professional Services PEARLAND FIRE EMS STATION #3 (PROJECT #FA1302) SENT VIA: Standard Overnight cc: File QUANTITY DESCRIPTION 2 City of Pearland Contact for professional Services for the above mentioned project for full execution. MESSAGE: Please return one fully executed copy to: Attn: Rebecca O'Hara BRW Architects, Inc. 3535 Travis St., Suite 250 Dallas, Texas 75204 Thank you, Jodie Tiffin 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. The parties have executed this CONTRACT this 11 th day of February , 2013. CI Y 0 "PEARLAND, TEXAS Bill Eisen, City Manager -5