R2005-0103 06-13-05
RESOLUTION NO. R2005-103
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, INC., FOR ARCHITECTURAL
SERVICES ASSOCIATED WITH THE RENOVATION AND EXPANSION OF
THE KNAPP SENIOR CENTER.
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,
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 the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a contract with BRW, Inc., for architectural services
associated with the renovation and expansion of the Knapp Senior Center.
PASSED, APPROVED and ADOPTED this the 13th day of June
A.D., 2005.
~r~
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
(:1... at-
DARRIN M. COKER
CITY ATTORNEY
Please See Exhibit "B" Agenda Request
(Validation of Contract for Expending
CDBG Funds)
CITY OF PEARLAND
STANDARD AGREEMENT
FOR CONSULTANT SERVICES
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EXHIBIT
oJ' "
A
This Contract (Contract) is made between the City of Pearland, Texas
(hereinafter "City"), and BRW, Inc. (hereinafter "Architect") as follows:
1. Summary of Contract Terms. The following information and referenced documents
shall be a part of this Contract:
Description of Project: Architectural/Engineering services for the renovation and
expansion of the Knapp Senior Center
ConsultantlSubconsultant( s) Fee Basis of Compensation
BRW, Inc. $ 102,860.00 Lump Sum
Maximum Contract Amount
* All financial obligations created by this agreement are between the City and
Architect, and shall not be construed to be between City and any subconsultant.
Attachments: Scope of Services
2. Services and Payment.
A. Architect will furnish services to the City in accordance with the terms and
conditions specified in this Contract. Payment for the services of Architect shall be due
and payable upon submission and approval of a statement for services to City.
Statements for services shall not be submitted more frequently than monthly.
After consultation with the City, the Architect shall specify the basis of
compensation in the scope of work for the project. The Architect shall provide adequate
detail of the basis of compensation so that the City can determine the reasonableness
of the fees and have the ability to make reasonable progress payments to the Architect
based upon work completed at the payment intervals. The Architect shall subcontract
for all subconsultants, subject to City approval, necessary to complete the scope of
work. The subconsultant's fees and administrative mark-up, if any, shall be included in
the scope of work. Unless otherwise agreed upon, the method of compensation shall
be the following method:
Lump Sum ("Lump")
Compensation shall be based upon an agreed lump sum payment for
completing the entire scope of work. This method is best suited to
investigations or studies and for basic services with limited scope and
complexity.
If City fails to make any payment due Architect for services and expenses within
thirty (30) days after receipt and approval of Architect's statement for services therefore,
the amounts due Architect will be increased at the rate of one-half percent (0.5%) per
month from said thirtieth (30th) day, and, in addition, Architect may, after giving seven
(7) days' written notice to City, suspend services under this Contract until Architect has
been paid in full, all amounts due for services, expenses, and charges.
B. All the Architect's working drawings, plans, and specifications, if required under
this Contract, shall be sufficiently accurate, detailed, and complete so that competitive
bids for the work can be obtained and the improvements constructed.
C. Approval of the Architect's work by the City shall not release the Architect, its
employees, agents, or consultants, from the responsibility and liability for the accuracy
and competency of their designs, working drawings, and specifications, or other
documents and services.
D. Subject to Article 8 herein or as otherwise agreed, the Architect shall promptly
correct errors in the Architect's work, including errors discovered after final payment,
without receiving additional compensation.
3. Term and Termination. This Contract term will begin upon execution and terminate
on or before September 1, 2005. The City may terminate this Contract at any time
during its term by giving written notice to Architect. The City shall pay the Architect for
all services rendered to the date of termination.
4. Modifications. City without invalidating the Contract, may order changes within the
general scope of the work required by the Contract by altering, adding to and/or
deducting from the work to be performed. If any change under this clause causes an
increase or decrease in Architect's cost of, or the time required for, the performance of
any part of the Services under the Contract, an equitable adjustment will be made by
mutual agreement and the Contract modified in writing accordingly.
5. Subcontracts. If, for any reason, at any time during the progress of providing
services, City determines that any subcontractor for Architect is incompetent or
undesirable, City will notify Architect accordingly and Architect shall take immediate
corrective action, which may include cancellation of such subcontract. Subletting by
subcontractors shall be subject to the same regulations. Nothing contained in the
Contract shall create any contractual relation between any subcontractor and City.
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6. Ownership of Documents. All drawings, report data, and other project information
developed in the execution of the services provided under this Contract shall be the
property of the City upon payment of Architect's fees for services. Architect may retain
copies for record purposes. Owner agrees such documents are not intended or
represented to be suitable for reuse by City or others. Any reuse by City or by those
who obtained said documents from City without written verification or adaptation by
Architect will be at City's sole risk and without liability or legal exposure to Architect, or
to Architect's independent associates or consultants, and City shall indemnify and hold
harmless Architect and Architect's independent associates from all claims, damages,
losses, and expenses including attorneys' fees arising out of or resulting therefrom. Any
such verification or adaptation will entitle Architect to further reasonable compensation.
Architect may reuse all drawings, report data, and other project information in the
execution of the services provided under this Contract in Architect's other activities.
Any reuse by Architect will be at Architect's sole risk and without liability or legal
exposure to City, and Architect shall indemnify and hold harmless City from all claims,
damages, losses, and expenses including attorneys' fees arising out of or resulting
therefrom.
7. Insurance.
A. The Architect 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 Architect, its agents,
employees or subcontractors under this Agreement, as follows:
(1) Workers' Compensation as required by law.
(2) Professional Liability Insurance in an amount not less than $1,000,000 in
the aggregate.
(3) Comprehensive General Liability and Property Damage Insurance with
minimum limits of $1,000,000 for injury or death of anyone person,
$1,000,000 for each occurrence, and $1,000,000 for each occurrence of
damage to or destruction of property.
(4) Comprehensive Automobile and Truck Liability Insurance covering owned,
hired, and non-owned vehicles, with minimum limits of $1,000,000 for
injury or death of anyone person, $1,000,000 for each occurrence, and
$1,000,000 for property damage.
B. The Architect 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
3
be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30)
days prior written notice by certified mail, return receipt requested, has been given to
the City. Upon request, certified copies of all insurance policies shall be furnished to the
City.
8. Indemnitv. Architect 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 Architect 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
Architect, his officers, employees, agents, or subcontractors under this Contract.
9. Assiqnment. Architect shall not assign this Contract without the prior written
consent of the City.
10. Law Governinq and Venue. This Contract shall be governed by the law of the State
of Texas and no lawsuit shall be prosecuted on this Contract except in a court of
competent jurisdiction located in Brazoria County, Texas.
11. Entire Contract. This Contract represents the entire Contract between the City and
the Architect 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. Purchase orders issued under this Agreement shall contain a statement
nullifying additional terms and conditions on the reverse side of the purchase order and
referencing this Agreement.
12. Conflicts in Contract Documents. The above provIsions shall govern over any
conflicting provision contained in any referenced contract document specified above.
13. Dispute Resolution Procedures. The Architect and City desire an expeditious
means to resolve any disputes that may arise between them regarding 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 bringing
any legal action, to settle the dispute by mediation of a third party who will be selected
by agreement of the parties.
4
June 3, 2005
..
BROWN REYNOLDS WATFORD .. ARC HIT E C T S, I N C ,
PROJECT SCOPE
We understand the project scope involves the development of a site plan and construction
documents for a 4500 square foot expansion and renovation of the existing Knapp Senior
Center located in the City of Pearl and, Texas. The project will have two phases: Phase I will
include the design of the expansion and renovation of the Center, but only construct the
changes to the site as per the construction documents. Phase II will include the construction
of the addition and renovations to the Center. The two phases will not be constructed
simultaneously.
SCOPE OF SERVICES
Basic Services
Basic Services shall include services for the disciplines shown below.
. Architectural
. Site Design, including grading, drainage, paving, and on-site utilities
. Structural Engineering
· Mechanical, Electrical, and Plumbing Engineering, including fire sprinkler system, public
address system performance specification
· Landscape Architecture, including irrigation system
· Cost Estimating
· Acoustical and Lighting Design
· Submission for Governmental Permits, including coordination of Texas Accessibility
Standards Site Inspection (Architect shall submit for T AS plan approval at the completion
of Construction Documents)
· Preparation or Assistance with Multiple Bid Packages other than a single Construction
Bid
Services shall commence with a Notice to Proceed and terminate sixty (60) days after the date
of Substantial Completion originally established in the construction contract.
Owner Provided Services
The Owner shall provide the following information, and the Architect shall coordinate Basic
and Additional Services work using the Owner provided information.
. Property Plat
· All required zoning requirements
· Traffic Impact Analysis and Off-Site Road Engineering, including coordination of traffic
signals, traffic signage, road median breaks and turn lanes
· Telecommunications Equipment (Architect shall provide empty junction boxes and
electrical power as directed by the Owner)
Mr. Richard Torres
Professional Services Proposal
June 1,2005
Page 2
. Computer Equipment selection, procurement, and installation (Architect shall provide
electrical power and empty conduit as directed by the Owner)
. Phase I Environmental Study
Excluded from Scope of Basic Services
The services shown below are not anticipated at this time, however, project requirements
identified during design may require them to be added.
. Design of Emergency Operations Center
. Off-Site Utility Engineering
. Extensive On-Site Storm Water Detention Plan
. Environmental Issues, related to Hazardous Materials
. Archeological Issues
. Food Service or Vending Equipment Consulting
. Economic, Operations, or Business Planning
. Office Equipment Selection and Procurement
. Professional Models and Renderings
. Package and a Furnishings Bid Package
. Full-Time Construction Inspection
. Laboratory Testing I Inspections
. Commissioning Services
SCOPE OF SERVICES BY PHASE
The scope of services shall include the following phases:
. Phase I Environmental Report
. Schematic Design
. Design Development
. Construction Documents
. Bidding and Contract Award
. Construction Administration
The scope of services for each phase is described below.
SCHEMATIC DESIGN
The Architect shall provide Schematic Design Documents based on the mutually agreed-upon
space program, schedule, and budget for the Cost of the Work. The documents shall establish
the preliminary design illustrating the scale and relationship of the components. The
Mr. Richard Torres
Professional Services Proposal
June I, 2005
Page 3
Schematic Design Documents shall include a preliminary site plan, building plans, sections
and elevations. Preliminary selections of major building systems and construction materials
shall be noted on the drawings or described in writing. During the design process, the
Architect shall work with the Owner's consultants under separate contract to coordinate the
scope of the project. At the completion of Schematic Design, the Architect shall prepare a
probable cost of the Work and update the project schedule.
Meetings and Deliverables
The Schematic Design phase shall include a maximum of three (3) working design meetings
with the Owner. During the course of the project, the Project Team shall also present the
design at one Community meeting, one Public Library Board meeting, and one City Council
meeting on dates coordinated with the working design meetings. Schematic Design
deliverables shall include three full-size sets of documents for the Owner's review and
comment.
DESIGN DEVELOPMENT DOCUMENTS
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.
During the design process, the Architect shall work with the Owner and user group 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.
Meetings and Deliverables
The Design Development phase shall include one (1) working design meetings with the
Owner. Design Development deliverables shall include three full-size sets of documents for
the Owner's review and comment.
CONSTRUCTION DOCUMENTS
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
Mr. Richard Torres
Professional Services Proposal
June 1,2005
Page 4
Construction Documents shall include Drawings and Specifications that establish in detail the
quality levels of materials and project systems required for construction.
The Architect shall update the estimate of the Cost of the Work and project schedule at 50%
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.
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 the form of agreement between the
Owner and the Contractor; and (2) the Conditions of the contract for Construction (General,
Supplementary and other Conditions).
Construction Documents phase deliverables shall include two full-size sets of documents at
50% completion and 95% completion for the Owner's review and comment. Final
deliverables at 100% completion shall include three sets of full-size set of prints, three sets of
half size prints, three sets of specifications, one set of unbound specifications, and one
electronic file of the Contract Documents in AutoCAD format and Specifications in PDF
format.
BIDDING PACKAGE FOR PHASE I
Phase I will include side development and renovation to the Center as allowed by the budget.
BIDDING PACKAGE FOR PHASE II
Phase II will include the addition of approximately 4500 sq. ft. and the completion of the
renovations to the existing Center.
We understand the Owner intends to request competItive proposals for Phase I, and
Competitive Sealed Proposal delivery method for Phase II. The Architect shall coordinate the
solicitation and evaluation requirements and process with the Owner. The Architect shall
provide electronic copies of the construction documents for bidding purposes copies for
bidders can be printer from the web page, the cost paid for by the bidder.
The Architect shall prepare responses to questions from proposers and provide clarifications
and interpretations of the Contract Documents in the form of Addenda.
The Architects shall consider requests for substitutions during the pricing period, as permitted
by the Contract Documents, and shall prepare Addenda including approved substitutions.
Mr. Richard Torres
Professional Services Proposal
June I, 2005
Page 5
The Architect shall lead and conduct a pre-bid conference for prospective bidders for both
phases of the project.
The Architect shall assist with proposal evaluation, including checking references of the
apparent successful bidder, and make a recommendation for award of a construction contract.
CONSTRUCTION ADMINISTRATION
The Architect shall participate in a pre-construction conference within 10 calendar days of the
awarding of the construction contract.
The Architect shall visit the site at intervals appropriate to the stage of construction to become
generally familiar with the progress and quality of the work completed. The Architect's
representative shall attend progress meetings and prepare field reports describing the status of
the work and any discrepancies observed from the Construction Documents.
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.
Mr. Richard Torres
Professional Services Proposal
June 1, 2005
Page 6
The Architect shall review and approve or take other appropriate action upon Contractor's
submittals such as shop drawings, product data, samples, and mock-ups for general
conformance with information given and the design concept expressed in the Contract
Documents. Review is not conducted for the purpose of determining the accuracy,
completeness, or quantities, or for substantiating instructions for installation or performance
of equipment or systems.
The Architect shall only respond to reasonable Contractor's Requests for Information and
prepare Proposal Requests, Change Orders and Construction Change Directives for the
Owner's approval and execution in accordance with the Contract Documents.
The Architect's interpretations and decisions shall be consistent with the intent of and
reasonably inferable from the Contract Documents and shall be in written documentation.
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.
The Architect shall perform final closeout procedures as defined in the Contract Documents,
including preparation and verification of Punch Lists for the Contractor's use.
Construction Administration services beyond the following limits shall be an Additional
Service:
. Up to two (2) reviews of any single Contractor submittal
. Site observation visits averaging one per month plus visits required by the specifications
. One Punch List at Substantial Completion
. One site observation visit to verify completion of Punch List
. Construction Administration services provided beyond the original construction contract
substantial completion date.
. Evaluation of Contractor's substitution requests beyond 30 days after the execution of the
construction contract
. Owner requested project scope changes resulting in changes to the Construction
Documents
. Evaluation of claims submitted by the Contractor in connection with the work
OWNER'S RESPONSIBILITIES
Mr. Richard Torres
Professional Services Proposal
June 1, 2005
Page 7
The Owner shall furnish the services of consultants other than those designated as Basic
Services, or authorize the Architect to furnish them as an Additional Service, when such
services are required to complete the work.
The Owner shall not increase or decrease the overall budget, or the portion the budget
allocated for construction or contingencies, without modifying the agreement of the Architect
to a corresponding change in the project scope, quality, and / or professional service fees.
The Owner shall provide written comments within 7 calendar days pertaining to documents
submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential
progress of the Architects' services. The Owner shall not modify a decision once given to the
Architect without additional compensation to the Architect.
ARCHITECT'S RESPONSIBILITIES
The Architect shall submit for the Owner's approval a schedule for the performance of the
Architect's services, including allowances for periods of time required for the Owner's
review, for the performance of the Owner's consultants, and for approval of submissions by
authorities having jurisdiction over the work.
The Architect shall review laws, codes, and regulations applicable to the Architect's services.
The Architect shall respond in the design to requirements imposed by governmental
authorities having jurisdiction over the work.
The Architect shall be entitled to rely on the accuracy and completeness of services and
information furnished by the Owner. The Architect shall provide prompt written notice to the
owner if the Architect becomes aware of any errors, omissions or inconsistencies in such
services or information.
PROJECT SCHEDULE
We anticipate the following time periods for the project phases.
. Schematic Design 3 weeks
. Design Development 3 weeks
. Construction Documents 4 weeks
. Pricing and Contract A ward 4 weeks
. Construction 3-5 months
Mr. Richard Torres
Professional Services Proposal
June 1, 2005
Page 8
COMPENSATION
Based upon the scope of services described above, Brown Reynolds Watford Architects
proposes the lump sum fees, plus reimbursable expenses and allowances as shown below.
Basic Services
. Architectural, Engineering
$102,860
Compensation shall be invoiced based on the percent complete for each phase, but shall not
exceed the percentages shown below.
. Schematic Design
. Design Development
. Construction Documents
. Bidding Phase I
. Bidding Phase II
. Construction Administration
Total
15%
20%
20%
10%
10%
25%
100%
Mr. Richard Torres
Professional Services Proposal
June 1,2005
Page 9
Additional Services or modifications to the project scope or professional services shall be
authorized in writing by the Owner and shall be computed at 1.10 times the amount billed the
Architect for existing or new consultants or expenses. Additional Services performed by
BR W Architects shall be authorized in writing by the Owner and compensated at the hourly
rates listed below.
BRW Architects Hourly Rates
. Principal
. Project Manager
. Project Architect
. Staff Architect
. Technical
. Clerical
$170.00 per hour
$135.00 per hour
$110.00 per hour
$ 90.00 per hour
$ 75.00 per hour
$ 60.00 per hour
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AMENDMENT TO PUBLIC FACILITIES AGREEMENT
BETWEEN BRAZORIA COUNTY
AND
THE CITY OF PEARLAND
(Pearland Senior Citizen's Center Expansion Project)
WHEREAS on July 12, 2005 the Brazoria County Commissioner's Court at its regular
Commissioner's Court meeting approved an amendment to the Public Facilities
Agreement between "The City of Pearl and" and "Brazoria County" as follows:
On Page 1, first paragraph of Section III. shall be amended to read as follows:
Services of the Subrecipient shall start on the 1 st day of November, 2004 and end on
the 30th day of September, 2005.
By executing their signature, the following parties hereby approve the amendments set
out above.
APPROVED FOR SUBRECIPIENT:
&-~~
,
By:
Date: ),).J r t'~_'-
By:
TEE: