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R-2013-195 2013-11-25RESOLUTION NO. R2013-195 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR ARCHITECTURAL SERVICES ASSOCIATED WITH FIRE & EMS STATION NO. 2. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract for architectural services associated with Fire & EMS Station No. 2, 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 Fire & EMS Station No. 2. PASSED, APPROVED and ADOPTED this the 25th day of November, A.D., 2013. ATTEST: orb NG L C JTY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR Resolution No. R2013-195 Exhibit "A" CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into on November 25, 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 #2 PROJECT. (Project# FA1401). 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 #2 at a location to be determined. See Exhibit A, attached, for a detailed SCOPE OF WORK and PROJECT schedule. The PROJECT schedule shall be submitted in digital and hard copy form in the Microsoft Project for Windows format. B. The CONSULTANT shall prepare and submit a detailed opinion of estimated cost of the PROJECT. C. The CONSULTANT acknowledges that the CITY (through its employee handbook) considers the following to be misconduct that is grounds for termination of a CITY employee: Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the CITY. The CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY employee to engage in such misconduct. D. The CONSULTANT shall submit all final construction documents in both hard copy and electronic format. Plans shall be AutoCAD compatible and all other documents shall be Microsoft Office compatible. The software version used shall be compatible to current CITY standards. Other support documents, for example, structural calculations, drainage reports and geotechnical reports, shall be submitted in hard copy only. All Record Drawings electronic files shall be submitted to the CITY in TIF format. E. The CONSULTANT recognizes that all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT shall be delivered to the CITY upon request, shall become subject to the Open Records Laws of this State. F. The CONSULTANT shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons, damages to property, or any errors 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. 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. (3) -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 JUNE, 2016. SECTION III - CONSULTANT'S COMPENSATION A. The method of payment for this CONTRACT is based on design milestones and hourly not to exceed for bid to construction. Compensation for the services $201,465.00 for design services and not to exceed amount of $10,000 for reimbursables for a total of $211,465.00. 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 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. -4 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 ofNovember , 2013. CIT OF PEARLAND, TEXAS Bill Eisen, City Manager -5 EXHIBIT A ARCHITECTURAL SCOPE OF SERVICES FOR FIRE & EMS STATION 2 Design 1 D23. Revised 08/13 Architectural Services: Standard Scope of Work 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. Preliminary Design 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, traffic planning, landscaping. Drainage, and detention calculations included. 3. Review the Geotechnical Report provided by City and incorporate findings and recommendations into site design. Coordinate with structural and civil engineer as related to the design. 4. Review the Boundary and Topographical Survey provided by City. Coordinate with civil engineer for design. 5. 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. 6. Attend coordination meetings with City staff and any pertinent external agencies as required to determine and gain approvals from all pertinent entities. II. 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. 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. Design 2 D23. Revised 08/13 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 and City Permitting. Obtain EAB Number and Plan Review Report and approval for permit. 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) 1. Modify Notice to Bidders (NTB) to the Project Manager in an electronic form appropriate for the e -bid system format. City is responsible for advertising. 2. Provide electronic copy of bid ready plans and project manual to the Project Manager for the e -bid system in pdf format. 3. Coordinate and chair pre-bid meeting and attend the Bid Opening. 4. Respond in writing to questions from bidders. Prepare and issue Addenda as necessary. 5. Assist with design of Bid Proposal. 6. Prepare Architect's Recommendation of Award Letter that includes the following required content: i. Assist City with Review of Qualifications, responses and rankings. ii. If necessary assist City in review of the scope and proposals to meet the budget requirements. iii. Review of contractor's financial standing and references provided. iv. Explanation of discrepancies between the Architect's estimate and bids. v. Recommendation to award. 7. Attend City Council meeting to answer questions and recommend award of Construction Contract. 8. Produce and transmit to selected contractor five (5) hard copy sets of project documents ready for execution as reimbursable expenses referenced in this proposal in Item VIII. "Compensation." with City's Notice of Intent to Award (NOl). Design 3 D23. Revised 08/13 VI. Construction Administration Phase (Hourly, not to exceed) 1. Prepare and chair Pre -Construction meeting with agenda. 2. Attend and chair monthly (or as requested by Project Manager) construction progress meetings based roughly on one meeting per month on site. a. Provide and submit agenda at least two days prior to progress meeting. b. Provide and upload progress meeting minutes into Pro -Trak m 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. 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 Design 4 D23. Revised 08/13 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 5 D23. Revised 08/13 November 5, 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.2 Architectural Design Services BRW Project No.: BDHOLLIDAY-LO BROWN REYNOLDS WATFORD BRW ARCHITECTS, INC. 2700 EARL RUDDER FRW Y S, SUITE 4000 COLLEGE STATION, TEXAS 77845 979-6941791 FAX 694-8293 www.brwarch.mm This proposal is for basic professional architectural services for a new facility, Pearland Fire & EMS Station No. 2 for the City of Pearland. The professional services shall include the following: Project Description: Design services for the new Fire & EMS Station No. 2 located in Pearland, Texas. The new station is a site adaptation of Pearland Fire & EMS Station No. 3 with the exception that the bedroom wing will be reconfigured to accommodate the proposed site. The new facility will not exceed 10,300 square feet, will house ten employees, and with an estimated construction budget of $2,369,000, which includes designing the building with energy efficient and sustainability concepts, audio visual, alerting system, security system and WPI -8 Certification. 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. • Architect will design the building with energy efficient and sustainability concepts; but not seek LEED Certification • Designed for TDI Certification for 140 MPH/3 second wind gusts • Provide kitchen equipment with fire suppression. • Comply with NFPA 1500, 2011 NEC, IBC 2012, IPC 2012, IMC 2012, 2009 Energy Code and Pearland's UDC • 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 1 Landscape Landscape design to meet Zoning Ordinance requirements as applicable and drought -tolerant / Native vegetation goals. Landscape Irrigation • Irrigation system design and documentation Civil • • • • Drainage, grading and paving design Grading spot elevations adequate for TAS compliance On-site water and sewer utilities Drainage Study engineering with on-site detention complying with all City requirements. SWPPP design. 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 (Contractor to provide by shop drawings) • 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 • Alerting systems. Provide Comtech Communications with plans. • Security employee card control • Energy Efficient / Life Cycle analyzed through Centerpoint plan review • 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. • Use Open Tech for building management system II. 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 2 Mechanical, Plumbing and Electrical • Fire protection (sprinkler) system design (beyond performance specification) • Lightning protection • Technology Design and Documentation • A/V Design • Acoustical Design and Documentation III. Owner Responsibilities • For scope changes, 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. IV. Owner Provided Services and System The Owner shall furnish services: • Topographic Survey • Boundary, Easements Descriptions Survey & Plat • Geotechnical Survey • Traffic Impact Analysis • Laboratory materials testing / inspections (during construction) Telecommunications and computer equipment, fiber optic cabling, wire management systems, and terminations Audio / visual systems Electrical provider 2 -year contract. V. Scope of Services by Project Phase: A. Preliminary 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 readjustment of space planning of the bedroom wing. 3. Create a Site Plan in accordance with the Unified Development Code (UDC), site utilities, facilities, drainage requirements and traffic planning and landscaping. Include drainage and detention calculations. 4. Review the Geotechnical Report provided by City to be coordinated with the Civil and Structural Engineers as related to the design. 5. Review the Boundary and Topographical Survey provided by City. Coordinate with civil engineer as related to the design. 6. 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. 3 7. 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 8 1/2 x 11 estimate. 8. Attend and chair (or as required/requested by Project Manager) progress meetings with the City staff and any pertinent external agencies as required to determine and gain approvals from all pertinent entities. a. Prepare and submit agenda at least two days prior to progress meeting. b. Prepare and submit progress meeting minutes in a timely manner. c. Facilitate meetings with City staff to review building square footage, required utilities, drainage, zoning and traffic needs to develop Design Development Documents. 9. Design to all applicable City standards and guidelines for design (Design Criteria Manual, Unified Development Code) and provide design that meets City codes. a. Design to electrical, lighting, and mechanical, site, floodplain and TAS. 10. Conceptual Design. BRW will provide two bedroom wing designs of Fire & EMS Station No. 2. Upon review of the schemes, one of the schemes is selected for modification and further development in Schematic Design. The Architect shall provide Design Development Documents based on the mutually agreed-upon schedule, and budget for the Cost of the Work. The documents shall establish the preliminary design illustrating the scale and relationship of the components. 11. BRW will respond in writing to all City review comments in excel format. 12. Coordinate and send full set of plans to private utilities and service providers. Provide copy of transmittal letters to City. 13. The Preliminary Design Phase shall consist of two design meetings. B. Design Development 1. Upon receiving a letter of notice to proceed, BRW will proceed directly into Design Development. 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. No additional fees will be approved for revisions required by exceeding the budget. 4 3. Design Development Documents shall contain preliminary mechanical, electrical, and plumbing engineering and structural engineering services. 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. 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 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. c. Exterior elevations, perspectives and rendering. d. Building sections and details. e. Interior elevations, casework and millwork elevations. f. Finalized drainage study and calculations and detention/drainage plans. 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. City will coordinate relocation of utilities. 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 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. 2. 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). 3. Final design and coordination of the civil, structural, mechanical, electrical, and plumbing will be completed. Mechanical engineering will include sizing of equipment, ducts, diffusers, dampers, and appropriate calculations. Plumbing engineer will include 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 5 and specified. 4. 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. 5. Provide one (1) Furnishing Plan at 90% completion of Construction Documents. 6. 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). 7. 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. 8. Respond in writing to all City review comments in excel format. 9. Prepare complete Construction Documents, including 90% written responses, Specifications, Architect's Cost Estimate and Schedule and submit for Permit. 10. Submit plans and coordinate with Texas Department of Licensing and Regulation (TDLR) or Registered Accessibility Specialist (RAS) for accessibility review and City permitting. Obtain EAB Number and Plan Review Report and approval for permit. 11. Correct plans to reflect issues noted by Review for Permit. 12. Acquire signature of City Engineer and Chief Building Official. 13. 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 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. 14. Coordination of all architectural drawing will be detailed and finalized. Specifications will be coordinated with drawings and completed. The BRW shall provide the solicitation documents for inclusion in the specifications. 15. 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 provide the City with questions and evaluations, solicitation and selection criteria. 2. Bidding a. Modify 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 in pdf format. c. Coordinate and chair pre-bid meeting. d. Respond in writing to questions from bidders. Prepare and issue Addenda as necessary. 6 e. Prepare BRW's Recommendation of Award Letter that includes the following required content: i. Assist City with Review of Qualifications, responses and rankings. ii. If necessary assist City in review of the scope and proposals to meet the budget requirements. iii. Review of contractor's financial standing and references provided. iv. Explanation of discrepancies between the Architect's estimate and bids. v. Recommendation to award. 3. Attend one (1) City Council meeting to answer questions and recommend award of Construction Contract. 4. 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 Contractor as reimbursable expenses referenced in this proposal in Item VIII. "Compensation." 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 based roughly on one meeting per month on site. 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. 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 mocks 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. 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 Uri a,c,ouli of the GontiaL.t sJIli. 7 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. 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. 6. Project Close Out a. Conduct Final Completion Inspection i. 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. 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 i. 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. iii. Substantiate that items noted are completed through Pro -Trak. d. Coordinate WPI -8 inspection and obtain certificate. e. Chair project close out meeting and coordinate project close out process. f. 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 iii. Material Safety Data Sheet (MSDS) iv. Operating Manuals v. Start up and testing reports vi. Building commissioner report g. BRW obtains Contractor's Redlines and creates As -Built record drawings to submit to the City by hard copy and digital format. h. Issue Architect's Certificate o f Final Completion a n d Acceptance letter to the City recommending acceptance in Pro -Trak. 8 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. VI. Travel Twenty (20) visits to the site by the Architect over the duration of the Project during construction. The 20 visits shall be split into 5 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. VII. Compensation Payment for Basic Architectural Services is in the amount of $201,465.00 which is based on design milestones and hourly not to exceed for bid to construction plus reimbursable 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. 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 Civil Engineering Structural Engineering MEP Engineering Total Fees (Basic Services) Less Fee for Site Study Adjusted Fee $ 100,878 $ 19,350 $ 12,420 $ 18,375 $ 151,023 $ 33,627 $ 6,450 $ 4,140 $ 6,125 $ 50,342 9 $ 134,505 $ 25,800 $ 16,560 $ 24,500 $ 201,365 (8.5%) - $5,500 $ 195,865 (8.26%) Fee Schedule for Requested Contracted Additional Services: WPI -8 Certification Security Design $ 2,600.00 $ 3,000.00 Total Requested Services $ 5,600.00 (0.2%) Fee Total for Basic Architectural Services and Requested Additional Services $ 201,465 (8.5%) Total with Reimbursables (Not To Exceed $10,000.00) $ 211,465 (8.92%) Architectural Fee for Basic Design Services Fee Breakdown by Phase: Design Phases Preliminary Design Design Development Phase Construction Documents $ 45,329.63 30% $ 45,329.63 30% $ 60,439.50 40% Fee Sub -Total by Phase $ 151,098.76 100% (75% Project Completed) Construction Phases Bidding or Negotiation Phase Construction Phase Sub -Total by Phase $ 10,073.24 20% (Not To Exceed) $ 40,293.00 80% (Not To Exceed) $ 50,366.25 100% (100% Project Completed) Total $ 201,465.00 Reimbursable expenses are in addition to the fee and shall be approved in advance by the Owner as all estimated costs. Backup documents to be approved on actual fees billed for bidding and construction phases. 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, IRS rate 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) $ 4,700.00 • Courier and Overnight deliveries $ 100.00 • TDLR Texas Accessibility Standards Document Review Fee $ 1,000.00 - TDLR Site inspection Fee $ 1,000.00 - Mileage at Current IRS Rate .56/mile $ 3,200.00 Not to Exceed $10,000.00 10 VIII. Additional Services 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. A/V 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 $ 210.00 per hour Principal $ 210.00 per hour Director $ 200.00 per hour Senior Project Manager Project Manager Project Architect Architect Architectural Intern I Architectural Intern II Administrative Staff $ 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 IX. Project Schedule We anticipate the following time periods for the project phases: Schematic 2 weeks Start 12/2/2013 Finish 12/16/2013 50% Review 100% Review Design Development 50% Review 100 Review Construction Documents 50% Review 95% Review 100% Final Deliverables Total Design Bidding/Contracts Building Construction 4 weeks Start 12/16//2013 Finish 01/13/2014 14 weeks Start 01/13/2014 Finish 04/21/2014 20 weeks 8 weeks Start 04/21/2014 Finish 06/16/2014 9 months Start 06/16/2014 Finish 03/16/2015 11 X. 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 we can get started. Sincerely/ � c� Ray Holliday, AIA, ASLA, LI Studio Director 12 0 GESSNER October 31, 2013 Ms. Rechelle Parker Brown Reynolds Watford Architects 2700 Earl Rudder Frwy, Suite 4000 College Station, Texas 77845 979.694.1791 rparker@brwarch.com Re: Proposal for Professional Engineering Services Proposed Pearland Fire Station No. 2 Pearland, Texas Proposal Number: P13-10094 Dear Ms. Parker: Gessner Engineering presents this proposal to Brown Reynolds Watford Architects (`CLIENT'), to provide structural en- gineering services for the Pearland Fire Station No. 2 (`PROJECT') in Pearland, Texas. This proposal is valid until January 31, 2014. Please indicate your acceptance of the proposed services by signing below. Return receipt of this proposal shall pro- vide authorization for Gessner Engineering to proceed with our services. We appreciate the opportunity to submit a proposal for your project and look forward to being a part of your team. Upon a signed receipt of this document, it will become an agreement between us, Gessner Engineering (`ENGINEER') and you, Brown Reynolds Watford Architects (`CLIENT'). Your project manager will then contact you to discuss addi- tional details and the project time line. Please contact Jordan Ferrell, Proposal Coordinator, if you have any questions regarding this proposal or our services. Yours Truly, Gessner Engineering, F-7451 ur Thomas E. Gessner, P.E. Agreed By: Signature For: Ms. Rechelle Parker Brown Reynolds Watford Architects Date: CIVIL STRUCTURAL GEOTECHNICAL LAND SURVEYING CONSTRUCTION MATERIALS TESTING STRUCTURAL ENGINEERING, COMMERCIAL PROJECT DESCRIPTION The project scope is comprised of the proposed one and one half story building with a footprint of approximately 10,000 square feet and a total square footage of approximately 11,150 square feet. Should the project scope change, the price will be adjusted accordingly. DESIGN DEVELOPMENT PHASE • Consult with the Client and with the Owner to ascertain refined project requirements. • Prepare initial design drawings indicating preliminary member sizes, systems and orientation. CONSTRUCTION DOCUMENT PHASE • Gessner Engineering will provide construction documents coordinated with architectural documents outlining the required aspects of the structural system. • Depending on services authorized construction documents provided may include: foundation plan, 1st floor framing plan (with lateral design), roof framing plan, sections (as required) foundation details, framing details. CONSTRUCTION ADMINISTRATION PHASE • Review shop drawings (review of any shop drawing or submittal more than two times shall be Additional Services) and sub- mittals for concrete reinforcement and concrete mix design. • Respond to RFIs as required. WINDSTORM CERTIFICATION PHASE • Make maximum of six total site visits during different stages of construction to verify the building is being constructed in accordance to the plans and meets all TDI requirements. • Submit TDI forms for the building's windstorm certificate. The structural design for this project will be based on the architectural drawings (a minimum of floor plans and elevations are required for design, and sections shall be provided if available), geotechnical data, available site information and applicable code requirements. PROJECT FEES The fee for structural engineering services, as described in this proposal, will be provided on a lump sum basis. Following the completion and issue of documents, any changes requested as a result of owner or architectural changes will be billed hourly as additional services. Design Development Phase $3,650 Construction Document Phase $7,300 Construction Administration Phase $2,500 (Including Travel Fees) Windstorm Certification Phase $7,600 Total $21,050 Construction administration for this project includes two site visits. Additional site visits will be invoiced as additional services at a rate of $850 per site visit including travel expenses and time. Exclusions to this agreement include: • Design of sub -surface drainage systems • Design of non-structural components • Design of any areas not associated with the scope of this proposal • Services during construction other than described within this proposal CIVIL STRUCTURAL GEOTECHNICAL LAND SURVEYING CONSTRUCTION MATERIALS TESTING 2 \�.��'J O'Malley Engineers, L.L.P. TBPE No. F-3244 November 4, 2013 SUBMITTED VIA E-MAIL Ms. Rechelle Parker BRW + Architects, Inc. 2700 Earl Rudder Freeway South Suite 4000 College Station, Texas 77845 Craig Kankel, P.E. Robert C. Schmidt, P.E. Ed Addicks, P.E. Re: Pearland Fire Station No. 3 Civil/Site Proposal (Topographic Surveys by Others) Dear Rechelle: We are pleased to submit this proposal to provide professional civil/site engineering services as related to the referenced project. SCOPE OF SERVICES 1. Assist BRW with civil/site planning during SD and DD phases on an as -needed basis and review SD and DD submittal documents, to advise on general civil/site issues. Make recommendations for revisions to SD and DD documents based on civil/site considerations. 2. Develop and prepare CDs, consisting of design drawings, details, and technical specifications for the project in a format similar to BRW, meeting all applicable Pearland water, wastewater, drainage, and local street requirements. The documents will be prepared using AutoCAD and will address the following: a. Erosion/sedimentation control of disturbed areas. (NOTE: The erosion control plan will depict the minimum measures the Contractor shall implement, but does not meet the TCEQ criteria for an SWPPP as required by the TCEQ. The SWPPP will be prepared by the Contractor as the primary operator of the site.) b. Drainage design and details, including detention facility sized and designed per Pearland requirements. No off-site drainage improvements are included in this scope. c. Detailed grading of pavement, curbs, and sidewalks on site, including compliance with Texas Accessibility Standards (TAS) at walks, parking, ramps, and building entrances. d. Site utilities, layout, and details to include domestic water, fire water, sanitary sewer, and gas. Limits of utilities shall be from utility supplier adjacent to property to within five feet of building foundation line. No off-site utility improvements are included in this scope. e. Dimension/control information for driveways, parking areas, and striping layout. f. Trench safety (as required). 3. Attend and/or conduct meetings with governing agencies having jurisdiction over the design approval of the project. Provide prints for governing agency review. Attend project team meetings to review progress and coordination between disciplines and advise BRW/Owner of jurisdictional submissions and approvals. Provide progress prints for BRW/Owner review. K:\999-85ME\BRW + Architects, Inc\20131Pearland Civil -Site Proposal 11-4-13.doc 203 S. Jackson P. O. Box 1976 Brenham, Texas 77834-1976 (979) 836-7937 FAX (979) 836-7936 Ms. Rechelle Parker BRW Page 2 - 1/15/13 4. Prepare preliminary construction cost estimate prior to CD initiation for major civil work components and prepare final cost estimate for work at CD completion. 5. During bidding, assist BRW with answering contractor questions and preparing addenda when required to clarify civil/site plans. 6. During the construction phase, review contractor submittals, review testing reports, conduct site visits, and respond to contractor's RFPs relative to the Scope of Work. Site visits during construction will be made to observe contractor's progress and report to BRW on major civil/site items of work. On average, engineer will visit site one time during civil/site item construction and once to perforin a prefinal inspection. INSURANCE O'Malley Engineers has a professional liability policy with Navigator, with liability limits of $2,000,000. COMPENSATION For the Basic Services outlined above, we propose compensation on a lump sum basis for a total fee of $23,750, assuming stormwater detention (on-site). If median modifications are required in the adjoining street, our lump sum compensation should be supplemented by $1,750, for a total lump sum amount of $25,500. Invoices will be rendered monthly in proportion to the work completed to date. The fee through design completion is proposed as 75 percent of the total lump sum fee. For the bidding phase, the fee is proposed as 5 percent of the total amount, and for the construction phase the fee is proposed as 20 percent of the total. If this proposal meets with your approval, please indicate your acceptance by signing and returning a copy to our office. We look forward to successful completion of this project with you. Sincerely, O'MALLEY ENGINEERS, L.L.P. Robert C. Schmidt, P.E. Vice President ACCEPTED BY: DATE: K:\999-85ME\I3RW + Architects, Inc\2013\Pearland Civil -Site Proposal 11-4-13.doc & ASSOCIATES,INC. CON S U L T i N G ENGINEES November 4, 2013 Mr. Ray Holliday, AIA, ASLA BRW + ARCHITECTS, INC. 2700 Earl Rudder Freeway South Suite 400 College Station, Texas 77845 6161 Savoy Drive, Suite 1135 Houston, Texas 77036 T: 713-784-3535 F: 713-784-3533 RE: Revised Proposal for MEP Professional Engineering Services for Fire Station #2 for the City of Pearland Dear Mr. Ray Holliday, AIA, ASLA: At your request, we are pleased to submit the following proposal for our services: Prepare HVAC, Plumbing, and Electrical Construction Documents and Specifications for the above named project, which consists of approximately 10,000 sq. ft. square feet new 2 -story building, which includes three bays for housing Fire and EMS apparatus, Administration offices, Training Room, Conference room, Living quarters, Locker Rooms, Restrooms, Exercise Room, Lounge, and Dining/Kitchen areas. I. SCOPE OF WORK 1. HVAC Design Air Conditioning and Ventilation systems. Design shall include HVAC load calculations, equipment selection, ductwork layout, piping layout, control systems and all necessary plans, schedules, detail drawings and specifications for the following systems: • Design Air conditioning and Heating system. Type of HVAC system will be determined depending on the building structure, building layout, and upon further coordination with the Owner and the Architect. • Air Conditioning Zoning will be determined based on the usage of the space and building exposure. • Design heating systems for Apparatus Bay area. • Design exhaust systems for Restrooms, Shower Areas, and Equipment Bays. • Kitchen exhaust/make-up ventilation system shall be designed based on the kitchen equipment drawings provided to us by others. Kitchen equipment drawings shall indicate location of the hoods and exact CFM for make-up and exhaust air. • Design supply ventilation system for Equipment bays • Energy Systems analysis to comply with current Commercial Energy Conservation Code, with the submission of Energy Code Compliance Form to the City of Pearland. 2.0 PLUMBING: Design shall include Site Plan, Floor plans, plumbing riser diagrams, gas riser diagrams, and all necessary schedules, detailed drawings and specifications for the following scope of work: • New sanitary waste and vent system. Sanitary waste system to stub out 5' from the building. • Design Sand/Mud Interceptor sewer system for Equipment Bay area. • Domestic water system with hot and cold water supply. Cold water to stub out 5' from the building. • Natural gas system serving domestic hot water heating system, kitchen appliances, clothes dryer, Equipment Bay area heaters, Emergency Generator. • Performance Specification and riser design for Fire Protection Sprinkler system. November 4, 2013 Hirsch & Associates, Inc./ Consulting Engineers BRW + ARCHITECTS, INC. Revised Proposal for MEP Professional Engineering Services for Fire Station #2 for the City of Pearland Page 2 of 7 • Kitchen sanitary sewer, sanitary grease, vent systems, and hot and cold water systems shall be designed based on the kitchen equipment drawings provided to us by others. Kitchen equipment drawings shall indicate location of all equipment that requires plumbing connections with exact location and size of connections. • Energy Systems analysis to comply with current Commercial Energy Conservation Code, with the submission of Energy Code Compliance Form to the City of Pearland. 3.0 ELECTRICAL: Design Electrical system. Design shall include floor plans, reflected ceiling plans, all necessary schedules, detailed drawings and specifications for the following systems: • Design Building Lighting distribution system • Design Building Emergency and Egress lighting system • Design Exterior Lighting system • Design Building Power distribution system • Design New Electrical service to the Building with Emergency Generator • Select Emergency Generator • Design Fire Alarm System • Kitchen electrical systems shall be designed based on the kitchen equipment drawings provided to us by others. Kitchen equipment drawings shall indicate location of all equipment, which requires electrical and data connections, and electrical load and voltage required. • Electrical One -line diagram • Distribution panel schedules • Electrical load analysis • Coordination with utility companies for electrical power, telephone, fiber, cable TV, etc. including service entrances • Conduit system for Security system, Telecommunication systems, such as voice, data, and video (CATV distribution). Wiring and system specifications shall be provided by others. • Coordination of specific systems and equipment with alerting system. (Gas solenoid valves, MR switch, fans, lighting, etc) • Energy Systems analysis to comply with current Commercial Energy Conservation Code, with the submission of Energy Code Compliance Form to the City of Pearland. Drawings will be prepared on backgrounds furnished by you in AutoCAD format and will include details and schedules prepared to accept your title block. Fee includes all normal coordination with your office and with local building officials. However, extraordinary utility or building code problems, which are required to be handled by our office, must be billed separately. Minor changes and modifications during the course of the project development are expected. Time spent on major changes after substantial completion of the project must be segregated and billed separately. II. PHASING & FEES 1. MEP Construction Documents: Fee: $24,500.00 2. MEP Construction Administration: Fee: $ 3,000.00 MEP Submittal review, MEP questions clarification, Two site visits upon completion of the project (MEP Punch List and follow-up site visit). Charges for additional site visit will be based on hourly rates. Total Fee for basic Engineering Services as described above shall be $27,500.00 November 4, 2013 Hirsch & Associates, Inc./ Consulting Engineers BRW + ARCHITECTS, INC. Revised Proposal for MEP Professional Engineering Services for Fire Station #2 for the City of Pearland Page 3 of 7 III. BASIC ENGINEERING SERVICES 1. Serving as the Client's PROFESSIONAL ENGINEERING REPRESENTATIVE for the Project, providing engineering consultation and advice and furnishing customary MEP Engineering Services. 2. Consultation with the Client to clarify and define the Client's REQUIREMENTS FOR THE PROJECT, to review available information concerning the Project, and to advise the Client as to the necessity of obtaining additional information such as surveys, tests, inspections or studies. 3. FIELD OBSERVATION and measurement as reasonably necessary to generally verify existing conditions, points of connection, and to determine the general adequacy of owner - furnished record drawings. 4. Processing of all necessary governmental and regulatory Agency Approvals, including: 4.1 City plan check correction submittal and correction. 4.2 Local, municipal, and country jurisdictions; where applicable. 5. Reviewing and approving (or taking other appropriate action) regarding MEP shop drawings, samples, and other submittals made by the Contractor for substantial conformity with the Intent of the Contract Documents only; this review does not indicate approval of dimensions, quantities, coordination with other trades or work methods of the Contractor. 6. Evaluating and determining the acceptability of substitutions of equipment and materials proposed by the Contractor. 7. Answering Contractor questions regarding the intent of the Contract Documents, resolving design -related issues that arise in the course of construction, issuing necessary interpretations and clarifications of the Contract Documents, and preparing related change orders as necessary. 8. Performing a final walk through to determine if the work is substantially complete, and preparing a final punch list of outstanding items to be completed by the Contractor (one [1] construction site visit). 11. Reviewing the Contractor's completion documents, including test results, operating instructions and maintenance manuals, warranty documentation, parts lists, and other equipment documentation. IV. ADDITIONAL SERVICES 1. Additional design and drawings beyond initial scope of work. 2. Revisions to approved drawings. 3. Cost Estimating 4. Additional job -site visits: Charges for additional services will be based on hourly rates, and will be provided only upon the written authorization of the client, and will be reimbursed on the basis of separately negotiated and mutually agreed-upon additional service fee. November 4, 2013 Hirsch & Associates, Inc./ Consulting Engineers Below please find our hourly rates: Principal $145.00 Engineer $110.00 CAD Designer $ 80.00 CAD Draftsman $ 65.00 Clerical $ 50.00 BRW + ARCHITECTS, INC. Revised Proposal for MEP Professional Engineering Services for Fire Station #2 for the City of Pearland Page 4 of 7 V. REIMBURSIBLE EXPENSES The following reimbursable expenses will be billed at cost plus 10%. 1. Plotting and reproduction of the progress drawing sets for review and coordination, for submission to the regulatory agency approvals, for submission to the Contractor. 2. Express mail, priority mail, UPS, and courier services charges. 3. Mileage expenses. 4. Other additional expenses as requested by the client. VI. PAYMENTS The fees shall be payable upon submission of the invoices for the Construction Documents (50%, 100%) and Construction Administration. Payments are requested within thirty (30) days of the invoice. The payments of the fees are not contingent upon start of the construction of the project. VII. EXCLUSIONS 1. Preparation or review of environmental impact reports, and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Project. 2. Detailed site investigation, measurement, and documentation required to verify existing conditions due to the unavailability or gross inaccuracy of existing record drawings; services for engineering or design changes required due to site conditions not identified in existing record drawings, or not identified in the course of reasonable field observation in accordance with generally accepted professional practices as provided for in the Basic Engineering Services described above. 3. Services resulting from significant changes in the general scope, extent or character of the Project or its design, including revision of previously accepted studies, reports, design documents or Contract Documents when such revisions are requested by the Client, or required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are required as a result of the Client's failure to render decisions in a timely manner, or are due to any other causes beyond the control of Hirsch & Associates, Inc. 4. Preparation of documents for alternate bids for Contractor's work which is not executed or for out -of -sequence work, and assistance with bid protests, re -bidding, or re -negotiating contracts for reasons beyond the control of Hirsch & Associates, Inc. 5. Services required; to re-engineer or re -design, any portion of the Project due to estimates of probable construction cost or actual bid results, which exceed the Client's established budget for the Project. November 4, 2013 Hirsch & Associates, Inc./ Consulting Engineers BRW + ARCHITECTS, INC. Revised Proposal for MEP Professional Engineering Services for Fire Station #2 for the City of Pearland Page 5 of 7 6. Evaluation of need for or feasibility of HVAC, plumbing, electrical, or structural building upgrades, and evaluation or services relative to future facilities, systems, and equipment requirements. 7. Investigations and studies involving, but not limited to, detailed consideration of operations, maintenance and overhead expenses; providing value engineering during the course of design; preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; detailed quantity surveys of material, equipment and labor; and preparation of any other studies, evaluation or assessments not included under Basic Engineering Services above. 8. Services made necessary by the default of the Contractor, or by failure of performance of the Client, or the Contractor, under the Contract for Construction. Hirsch & Associates, Inc. will not supervise, direct or have control over Contractor's work, or authority over or responsibility for means, methods, techniques, sequences or procedures of construction, or for safety precautions and programs incident to the work of the Contractor. Hirsch & Associates, Inc. shall not be responsible for any defect or deficiency in the Contractor's work, or any failure of the Contractor's work to conform to the Contract Documents. Hirsch & Associates, Inc. periodic site visits and/or observations of the Work shall not impress any such responsibility upon Hirsch & Associates, Inc. 9. Any and all engineering services as related to Technology System Design and document development. Support services such as electrical power and air conditioning system components will be provided for the various Technology System Support Rooms (i.e.: Building Communication Room and Facility Communication Rooms). However, all technology system components required by any Technology Design Directives are specifically excluded. A qualified Technology Consultant should provide such services. 10. Preparing record drawings of the Project from information submitted by the installing Contractors. VIII. CONTRACT TERMS & CONDITIONS 1. Hirsch & Associates, Inc. will commence work on this project only upon receipt of the client's written acceptance of this proposal. The client's written acceptance of this proposal represents authorization to proceed with the work as proposed herein. All information necessary to bill for services rendered on this project (including applicable project, or billing numbers) must be provided, including the written authorization to proceed with the work. 2. All documents prepared by Hirsch & Associates, Inc.; including reports, drawings, specifications, and reproductions thereof; are instruments of service to be used only for the specific project covered by this proposal and shall not be used for any other purpose. Hirsch & Associates, Inc. shall retain an ownership and property interest in the drawings and specifications whether or not the project is completed. In the event the client wishes to reuse these documents for another project, the client shall first obtain written permission from Hirsch & Associates, Inc. Upon Hirsch & Associates, Inc. acceptance, the client shall provide compensation for the additional services required to modify the documents and provide construction administration services (as required) for the new project. Such compensation shall also include Hirsch & Associates, Inc. professional responsibility for the new project. 3. Hirsch & Associates, Inc. shall perform services described herein in accordance with generally accepted professional engineering practices and makes no other warranty, either expressly or implied, as to such services. Hirsch & Associates, Inc. does not guarantee the November 4, 2013 Hirsch & Associates, Inc./ Consulting Engineers BRW + ARCHITECTS, INC. Revised Proposal for MEP Professional Engineering Services for Fire Station #2 for the City of Pearland Page 6 of 7 completion or quality of performance of the construction contractor or other contractors, or other third parties, and will not be responsible for their acts or omissions. 4. Hirsch & Associates, Inc. and its consultants shall be entitled to rely on the accuracy and completeness of services, surveys, reports, and other information (including record drawings of existing construction) provided by the client. Hirsch & Associates, Inc. assumes no liability for inaccurate or incomplete record drawings of existing construction. 5. All invoices will be due and payable upon receipt, unless otherwise agreed in writing. Hirsch & Associates, Inc. will be entitled to stop further work on the project until outstanding invoices are by filing Mechanic's and Property Lien, if necessary. Hirsch & Associates, Inc. shall not be required to perform work on this project, in addition to work already completed, if the client's in default of any of its obligations as set forth herein. Specifically, for any invoices that are not paid within thirty (30) calendar days, Hirsch & Associates, Inc. shall be entitled to issue "Stop Work Notification" and no further services will be provided until invoices exceeding thirty calendar days are paid -in -full. For invoices which are forty-five (45) calendar days or more overdue, Hirsch & Associates, Inc. shall be entitled to an interest charge of 1.50% per month (18% per annum), or at the maximum rate allowed by law, whichever is less, above and beyond the invoice amount. Should legal action become necessary to enforce any aspect of the proposal as accepted by the client, the prevailing party shall be entitled to recover court costs and reasonable attorney's fees. 6. In the event, the agreement covering work on this project is terminated by the client, through no fault of Hirsch & Associates, Inc., then Hirsch & Associates, Inc. shall be entitled to terminate expenses over and above the amount of the professional services fee earned by Hirsch & Associates, Inc. up to the termination date. These termination expenses shall be computed as a percentage of the total professional services fee for basic engineering services as defined above, as follows: 20% if termination occurs after the commencement of field observation through, but prior to commencement of the contract document package. 20% if termination occurs after commencement of contract document package. 7. The fees, rates, terms, and conditions set forth in this proposal may be superseded in whole, or in part, only by a bona -fide written agreement, duly executed by both the client and Hirsch & Associates, Inc. In the event of such a bona -fide written agreement, this proposal may be incorporated into the agreement by reference. In the event of conflicting terms, the written agreement will take precedence. Where there is no conflict between the agreement and this proposal, the terms set forth in this proposal shall remain in effect. 8. The client shall indemnify and hold harmless Hirsch & Associates, Inc. and its subcontractors, consultants, agents and employees from and against all claims, damages, losses and expenses, direct and indirect, or consequential damages, including but not limited to fees and charges by attorneys and court and arbitration costs, arising out of or resulting from the professional services by Hirsch & Associates, Inc., or claims against Hirsch & Associates, Inc. related to hazardous materials, including asbestos. 9. Neither client nor Hirsch & Associates, Inc. shall assign, sublet or transfer any rights under or interest in (including, but without limitation, monies that may becomes due or monies that are due) this agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated by law or the effect of this limitations may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment. no assignment will release or discharge the assignor from any duty or responsibility under this agreement. Nothing contained in this paragraph shall prevent Hirsch & Associates, Inc. from employing such independent professional associates and consultants as Hirsch & Associates, Inc. may deem appropriate to assist in the performance of services hereunder. November 4, 2013 Hirsch & Associates, Inc./ Consulting Engineers BRW + ARCHITECTS, INC. Revised Proposal for MEP Professional Engineering Services for Fire Station #2 for the City of Pearland Page 7of7 10. Nothing under this agreement shall be construed to give any rights or benefits in this Agreement to anyone other than Client and Hirsch & Associates, Inc., and all duties responsibilities undertaken pursuant to this agreement will be for the sole and exclusive benefit of client and Hirsch & Associates, Inc. and not for the benefit of any other party. 11. This proposal will be null and void if not accepted within 30 calendar days of the proposal date. The opportunity to work with you is appreciated. Sincerely Yours, Accepted by: Hirsch & Associates, Inc. Name: Consulting Engineers, Inc. By: efiarii�tcr 4646irk Signature Marina F. Hirsch, PE, LEED AP - President Date