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R-2016-094 2016-06-13RESOLUTION NO. R2016-94 A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter into a contract with BRW Architects, Inc., in an amount not to exceed $304,893.00, for professional services associated with the final design of Fire Station No.1; and authorizing the appropriation of $81,833 from the Fund 501 fund balance. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract by and between the City of Pearland and BRW Architects, Inc., 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 $81,833.00 is hereby appropriated from the Fund 501 fund balance to fund a portion of the contract. Section 3. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a contract with BRW Architects, Inc.. for the professional services associated with the final design of Fire Station No.1. PASSED, APPROVED and ADOPTED this the 13t" day of June, A.D., 2016. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR o : •: >.. • ice,''''/' 1 I I 1 111``````` Resolution No. R2016-94 Exhibit "A" CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into upon final execution by and between the City of Pearland ("CITY") and Brown Reynolds Waterford Architects (BRW) ("CONSULTANT"). The CITY engages the CONSULTANT to perform professional services for a project known and described as Fire Station No. 1 ("PROJECT"). (Project #FA1601) SECTION I - SERVICES OF THE CONSULTANT The CONSULTANT shall perform the following professional services to CITY standards and in accordance with the degree of care and skill that a professional in Texas would exercise under the same or similar circumstances: A. The CONSULTANT shall perform Architectural Services. See Exhibit A, attached, for a detailed SCOPE OF WORK and PROJECT schedule. The PROJECT schedule shall be submitted in digital and hard copy form in the Microsoft Project for Windows format. B. The CONSULTANT shall prepare and submit a detailed opinion of estimated cost of the PROJECT. C. The CONSULTANT acknowledges that the CITY (through its employee handbook) considers the following to be misconduct that is grounds for termination of a CITY employee: Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the CITY. The CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY employee to engage in such misconduct. D. The CONSULTANT shall submit all final construction documents in both hard copy and electronic format. Plans shall be AutoCAD compatible and all other documents shall be Microsoft Office compatible. The software version used shall be compatible to current CITY standards. Other support documents, for example, structural calculations, drainage reports and geotechnical reports, shall be submitted in hard copy only. All Record Drawings electronic files shall be submitted to the CITY in TIF format. E. The CONSULTANT recognizes that all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT shall be delivered to the CITY upon request, shall become subject to the Open Records Laws of this State. Design 1 of 6 D I. Revised 1/14 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: Design (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. 2 of6 DI. Revised 1/14 G. The CONSULTANT shall indemnify and hold the CITY, its officers, agents, and employees, harmless from any claim, loss, damage, suit, and liability of every kind for which CONSULTANT is legally liable, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for damage to any property, or errors in design, any of which are caused by the negligent act or omission of the CONSULTANT, his officers, employees, agents, or subcontractors under this CONTRACT. H. All parties intend that the CONSULTANT, in performing services pursuant to this CONTRACT, shall act as an independent contractor and shall have control of its own work and the manner in which it is performed. The CONSULTANT is not to be considered an agent or employee of the CITY. SECTION II - PERIOD OF SERVICE This CONTRACT will be binding upon execution and end 18 months after the Notice to Proceed is issued. SECTION III - CONSULTANT'S COMPENSATION A. The total compensation for the services performed shall not exceed the total noted in Section B. B. The CITY shall pay the CONSULTANT in installments based upon monthly progress reports and detailed invoices submitted by the CONSULTANT based upon the following: 1. Basic Services (Lump Sum) $270,793.00 2. Additional Services shall require independent and specific authorization and shall be billed as (Lump Sum): 24,600.00 3. Bid Phase Services (Hourly Not to Exceed) 0 4. Construction Phase Services (Hourly Not to Exceed) 0 5. Reimbursable Expenses (Not to Exceed) $9,500.00 6. Total: $304,893.00 C. The CITY shall make payments to the CONSULTANT within thirty (30) days after receipt and approval of a detailed invoice. Invoices shall be submitted on a monthly basis. Design 3 of6 DI. Revised 1/14 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 CONSULTANTS work shall not relieve CONSULTANT'S responsibility for errors or omissions of the CONSULTANT or its sub-consultant(s) or in any way affect the CONSULTANT'S status as an independent contractor of the CITY. SECTION V - TERMINATION A. The CITY, at its sole discretion, may terminate this CONTRACT for any reason - - with or without cause -- by delivering written notice to CONSULTANT personally or by certified mail at 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. Design 4 of 6 D1 . Revised 1/14 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 CONSULTANT breaches any provision of this CONTRACT, then the CITY shall have all rights and remedies in law and/or equity against CONSULTANT. Venue for any action or dispute arising out of or relating to this CONTRACT shall be in Brazoria County, Texas. The laws of the State of Texas shall govern the terms of this CONTRACT. The prevailing party in the action shall be entitled to recover its actual damages with interest, attomey's fees, costs and expenses incurred in connection with the dispute and/or action. CONSULTANT and CITY desire an expeditious means to resolve any disputes that may arise between under this CONTRACT. To accomplish this, the parties agree to mediation as follows: If a dispute arises out of or relates to this CONTRACT, or the breach thereof, and if the dispute cannot be settled through negotiation, then the parties agree first to try in good faith, and before pursuing any legal remedies, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. SECTION VI — ENTIRE AGREEMENT This CONTRACT represents the entire agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or contracts, either written or oral. This CONTRACT may be amended only by written instrument signed by both parties. SECTION VII — COVENANT AGAINST CONTINGENT FEES The CONSULTANT affirms that he has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT to solicit or secure this CONTRACT, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of the CONTRACT. For breach or violation of this clause, the CITY may terminate this CONTRACT without liability, and in its discretion, may deduct from the CONTRACT price or consideration, or otherwise recover, the full amount of such fee, commission, percentage brokerage fee, gift, or contingent fee that has been paid. Design 5 of6 DI. Revised 1/14 SECTION VIII- SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto. (' /Vj4 DATE 0�� Design 6 of6 DI. Revised 1/14 BROWN REYNOLDS WATFORD ARCHITECTS May 25, 2016 City of Pearland ATTN: Andrea Brinkley, Project Manager of Engineering & Capital Projects 3519 Liberty Drive, Suite 300 Pearland, Texas 77581 RE: City of Pearland Architectural Design Services BRW Project No.: 216034.00 Pearland Fire Station No. 1 11 I 2700 EARL RUDDER FWY SOUTH SUITE 4000 COLLEGE STATION, TEXAS 77845 979-694- 1 791 WWW.BRWARCH.COM This proposal is for Phase II of basic professional architectural services for a new facility, Pearland Fire Station No. 1 for the City of Pearland. The profession services shall include the following: Project Description: Design services for the new Fire Station No. 1 located in Pearland, Texas. The new facility will not exceed 9,500 square feet, and will house seven employees, two truck bays, with an estimated construction budget of $3,563,000. Also included is audio visual, alerting system, security system, 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 at 110 MPH. 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 140 MPH/3 second wind gusts and TDI Certification for 110 MPH/3 second wind gusts. • Provide kitchen equipment with fire suppression. • Comply with NFPA 1500, 2014 NEC, IBC 2015, IPC 2015, IMC 2015 and 2015 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 Unified Development Code requirements as applicable and drought - tolerant / Native vegetation goals. Landscape Irrigation • Irrigation performance specification and drawing (Contractor to provide shop drawings) Civil — O'Malley Strand Engineers • Drainage, grading and paving design • Grading spot elevations adequate for TAS compliance • On-site water and sewer utilities • Detention Pond engineering • Storm Water Pollutant Prevention Plan (SWPPP) • Traffic Engineering based on the City provided traffic impact analysis Structural — Dunham Engineering • Foundation and Structural Framing • Structural Windstorm design Mechanical, Plumbing and Electrical — Dawson Van Orden Engineers • Mechanical systems, including temperature controls systems and written sequence of operations. • Fire protection (sprinkler system) performance specification (Contractor to provide 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 Purvis Systems with plans. • Conduit and boxes for Security employee card control • Energy Efficient / Life Cycle analyzed through Centerpoint plan review • Coordination with Security — 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. Additional Services: • WPI — 8 Certification; inspections and submissions to obtain certification for 110 mph. • Hardware Coordination • Security Design III. 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 contraction 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 • Audio /Visual Design • Acoustical Design and Documentation IV. 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. V. Owner Provided Services and System The Owner shall furnish the following services: • Plat • Tree Survey • Traffic Impact Analysis • Preemption • Laboratory materials testing / inspections (during construction) • Telecommunications and computer equipment, fiber optic cabling, wire management systems, and terminations • Audio / Visual systems VI. Scope of Services by Project Phase: A. 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. 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 (2) 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. Architectural Floor plans, Structural, Civil, 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 Protrak and Blue Beam format. 7. Provide and submit electrical head analysis to Centerpoint for electrical service. 8. Coordinate architectural plans with mechanical, electrical, plumbing and structural plans. 9. Meetings and Deliverables: The Design Development Phase shall consist of two (2) working design meetings with the Owner. 10. Coordinate and send full set of plans to private utilities and service providers. Provide copy of transmittal letters to City. B. 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 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 (2) days prior to progress meeting. b. Provide 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 Protrak and Blue Beam format. 9. Coordinate and send full set of plans to private utilities and service providers. Provide copy of transmittal letters to City. 10. Prepare complete Construction Documents, including 90% written responses, Specifications, Architect's Cost Estimate and Schedule and submit for Permit. 11. 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. 1 2. Correct plans to reflect issues noted by Review for Permit. 1 3. Acquire signature of City Engineer and Chief Building Official. 14. 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. 1 5. Coordination of all architectural drawings will be detailed and finalized. Specifications will be coordinated with drawings and completed. BRW shall provide the solicitation documents for inclusion in the specifications 16. The Construction Documentation Phase shall consist of five (5) meetings. C. 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 a -hid 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. 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 contractor through the City's web site. Hard copy documents will be provided by the Architect as reimbursable expenses referenced in this proposal in Item VIII. "Compensation". D. 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 (1) meeting per month on site. a. Provide and submit agenda at least two (2) days prior to progress meeting. b. Provide cind 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. 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 resolutions 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 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 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. iii. Issue Certificate of Final Completion through Pro -Trak. b. Conduct 1 year Warranty Inspection i. One (1) site visit for an eleven (1 1) 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. c. Coordinate WPI — 8 inspection and obtain certificate. d. Chair project close out meeting and coordinate project close out process. e. 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. Operation Manuals v. Start up and testing reports f. BRW obtain Contractor's Redlines and create As -Built record drawings to submit to the City by hard copy and digital format. g. 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 the Owner included in this phase: fifteen (15) a. Additional meetings at the 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. VII. Travel Twenty five (25) visits to the site by the Architect over the duration of the Project. The total visits shall be split as follows: • 10 visits during the design phase • 15 visits during the construction phase • 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 $270,793.00 plus reimbursable not to exceed 9,500. 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 $3,563,000 (9,500 at $375 S.F.). 5 Architectural Design Fees for Basic Services with cost breakdown on Design / Documentation Phase and Bidding / Construction Administration Phase: Discipline Design Construction Admin. TOTAL FEE BRW Architects $ 144,963 $ 44,592 $ 189,555 Civil Engineering $ 24,851 $ 7,644 $ 32,495 Structural Engineering $ 1 2,425 $ 3,823 $ 16,248 MEP Engineering $ 24,851 $ 7,644 $ 32,495 Total Fees (Basic Services) $ 207,090 $ 63,703 $ 270,793 Fee Schedule for Requested Contracted Additional Services: WPI - 8 Certification Utility Submittal Hardware Coordination Security Design Total Requested Additional Services $ 9,600 $ 7,200 $ 4,800 $ 3,000 $ 24,600 Fee Total for Basic and Additional Architectural Services $ 295,393 Total with Reinmursable (Not To Exceed $ 9,500) $ 304,893 Architectural Fee for Basic Design Services Fee breakdown by Phase: Design Phases Design Development Phase Construction Document Phase $ 91,468 40% $ 137,202 60% Fee sub -Total by Phase $ 228,670 100% (75% Project Complete) Construction Phases Bidding or Negotiation Phase Construction Administration Phase $ 15,244.65 20% $ 60,978.60 80% Fee sub -Total by Phase $ 76,223 100% (25% Project Complete) Total $ 304,893 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. - Documentation 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 .54 / mile Not to Exceed IX. Additional Services $ 4,200.00 $ 100.00 $ 1,000.00 $ 1,000.00 $ 3,200.00 $ 9,500.00 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 excluded the following list of services Other services may be provided as needed or requested as an additional service. 1. Technology Design and Documentation 2. Audio / Visual Design Additional Services performed by BRW Architects shall be authorized 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 I Architectural Intern II Administrative Staff X. Project Schedule $ 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 We anticipate the following time periods for the project phases: Design Development 50% Review 100% Review 6 weeks i0 Construction Documents 25% Review 50% Review 75% Review 95% Review 100% Final Deliverables 14 weeks Total Design 20 weeks Bidding / Contracts 12 weeks Building Construction 12 months 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 1 2337 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, . -14-dele^JJ' Ray Holliday, AIA, V ASLE, LI Studio Director