R2006-055 04-24-06
RESOLUTION NO. R2006-55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A CONTRACT FOR INSPECTION SERVICES.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for inspection services, 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 inspection services.
PASSED, APPROVED and ADOPTED this the 24th day of ~~ A.D., 2006.
~ <U
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
~H.(kL
DARRIN M. COKER
CITY ATTORNEY
Resolution 2006-55
4/24/06
BUREAU
VERITAS
April 13, 2006
Master contract for plan review and inspection services
This contract is meant to govern all plan review and inspection services provided by Graham
Marcus, Inc., a Texas corporation, d/b/a Bureau Veritas (BV) for The City of Pearland, Texas
Uurisdiction). BV will have an exclusive contract for Third Party Plan Review and Inspection of
the Lifestyle Outdoor Mall Facility as identified in the Lifestyle Center PUD, approved by
Pearland City Council on October 10,2005, under ordinance number 509-796.
BV and the representatives of BV are charged as the Department of Building Safety for the
provisions of the jurisdiction's Adopted Building Code, Mechanical Code, Electrical Code,
Plumbing Code, and Energy Code as defined by the 2003 International Building Code as
published by the International Code Council.
BV and the representatives of BV are charged with the enforcement of the provisions of the
jurisdiction's Building Code, Mechanical Code, Electrical Code, Plumbing Code, and Energy
Code acting in good faith and without malice in the discharge of the duties required by these
codes or other pertinent law or ordinance shall not thereby be rendered personally liable for
damages that may accrue to persons or property as a result of an act or by reason of an act or
omission in the discharge of such duties.
Work station and living quarters shall be provided (when requested by BV) at no charge.
Plan Review
Plan Review services shall be conducted as required by the jurisdiction's Building Code,
Mechanical Code, Electrical Code, Plumbing Code, Energy Code, and other provided
documents as approved by the jurisdiction. Applicants will be notified of Plan Review
Comments and are responsible for addressing comments to the satisfaction of the jurisdiction.
The jurisdiction has final interpretive authority over all plans and specifications. Permits are
issued by the jurisdiction.
At the completion of each review, BV shall submit in form and format acceptable to jurisdiction,
written documentation addressing compliance of the documents with applicable codes
referenced within this document governing the design and construction of the project.
Inspections
Inspection services shall be conducted as required by the jurisdiction's Building Code,
Mechanical Code, Electrical Code, Plumbing Code, and Energy Code. Special inspections as
specified in chapter 17 of the 2003 International Building Code are not included and may be
required as specified in the 2003 International Building Code. Any violations of the jurisdiction's
codes or concealment of any work prior to approval by BV will be reported to the Building
Official of the jurisdiction. The Building Official of the jurisdiction is the final interpretive authority
and the Certificate of Occupancy will be issued at the discretion of the jurisdiction.
BV shall perform all inspections the next business day upon notification by jurisdiction. BV will
be available for morning and afternoon inspections upon request.
BV will verify the landscape and number of parking spaces requirements in accordance with the
city approved site plan.
BV shall require that design documents identify "Special Inspections" per Chapter 17 of the IBC.
BV will receive and review inspection reports from the special inspectors.
Term and Termination
This Contract term will begin upon execution and terminate on or before
The City shall pay BV for all services rendered to the date of termination. This agreement may
be terminated without penalty by either party with 90 days written notice.
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 BV'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.
Insurance
A. BV 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.
T-'~"p ? nf c;
(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. BV 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,
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.
Indemnity
BV 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 BV 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 BV, his officers, employees, agents, or subcontractors under this Contract.
Assignment
BV shall not assign this Contract without the prior written consent of the City.
Law Governing 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 or
Harris Counties, Texas.
Entire Contract
This Contract represents the entire Contract between the City and the BV 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.
Dispute Resolution Procedures
BV 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.
Pa~e 3 of ::;
Fees
In exchange for the services, the jurisdiction will pay to BV fees according to the schedule
attached hereto and incorporated herein for all purposes on Schedule A. The jurisdiction will be
billed for services rendered monthly, due Net 30. BV may impose additional fees on the
jurisdiction for "after hour/weekend" inspections. The term "after hour/weekend" inspection is
defined as any inspection occurring outside of the jurisdiction's normal business hours or when
the jurisdiction is closed.
t2eC:T<:-'~121 j\;I.~~ l<')'({''--
Title '
V/~J "TMJ
Print Name
i5 IE, JOG
Dati I
City Of Pearl and
Jurisdiction
~~
Representative of Jurisdiction
City Manager
Title
Bi 11 Ei sen
Print Name
April 24, 2006
Date
Page 4 of 5
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Schedule A
Commercial and Multi-Family construction plan review*
The plan review fee is equal to half the amount of the inspection fee and is charged in addition
to inspection fee.
Commercial and Multi-Family construction inspection*
Valuation Fee
$1.00 to $50,000.00 $208.00
$50,001.00 to $100,000.00 $208.00 for the first $50,000.00 plus $3.20
for each additional $1000.00
$100,001.00 to $500,000.00 $368.00 for the first $100,000.00 plus $2.40
for each additional $1000.00
$500,001.00 and up $1,328.00 for the first $500,000.00 plus
$1.60 for each add itional $1000.00
*AII fees billed upon issuance of the permit by the jurisdiction.
After hour I weekend inspections
$150.00 per hour (2-hour minimum)
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MIKA YLA ARCHITECTS
10513 Willowisp Drive
Houston, Texas 77035
713.729.7550 fax: 281.778.7774
RFQ 2006-026
QUALIFICATIONS STATEMENT
A. Executive summary
Mikayla Architects is a full service architectural firm established in 1996. It is a sole
proprietorship owned by Michael Herman. The main office is located in Houston, a field
office is located in Missouri City. The company has two divisions. A design division and
code service division. The code service division offers code plan reviews and code
inspections to municipalities, counties, school districts, developers, builders and architects.
In 2005 we provided reviews and inspections on over 30 commercial projects and over 800
new homes. The inspections on each house consisted of a plumbing ground, foundation, flat
work, covers, electrical and gas releases and finals. The commercial projects consisted of
schools, retails centers, jails, churches, sewer plants, apartment complexes, recreational
parks, office buildings, sports facilities and medical clinics.
Mikayla Architects is interested in providing plan review and inspections services for the
Lifestyle Outdoor Mall Complex located in Pearland Texas. A project team would be
assigned to this complex. The plan review would be completed within ten working days.
The inspections would be completed in a timely manner. The current staff can
accommodate a regular or an accelerated construction schedule.
Company Name:
Address:
Telephone No:
Company Rep:
Mikayla Architects
10513 Willowisp Drive, Houston Texas 77035
713.729.7550
Michael Herman
Sincerely,
~II~
Michael Herman
MIKA YLA ARCHITECTS
10513 WiIlowisp Drive
Houston, Texas 77035
713.729.7550 fax: 281.778.7774
RFQ 2006-026
QUALIFICATIONS STATEMENT
B. Qualifications of principals and Individuals
Michael Herman
Project Manager, Plan Examiner & Inspector
Texas Board of Architectural Examiners: Registered Architect
ICC Certifications: Master Code Professional, Chief Building Code Analyst, Chief
Plumbing Code Analyst, Chief Mechanical Code Analyst, Electrical Inspector, Energy
Inspector and Plan Examiner, Certified Building Official.
Texas Board of Plumbing Examiners: Plumbing Inspector
Texas Department of Licensing and Regulations: Accessibility Inspector and Plan Ex.
Ken Tann
Professional Engineer: Structural
Project Manager for structural plan review and inspections
Rick Packard
Professional Engineer: Mechanical/Electrical/Plumbing
Project Manager for MEP plan review and inspections
Plan Examiners and Inspectors:
All plan examiners and inspectors employed by Mikayla Architects are certified by the
International Code Council and / or the state of Texas. When the entire scope of the project
is available, a project team will be assembled. A list of all team members will be provided to
the city for approval.
MIKA YLA ARCHITECTS
10513 Willowisp Drive
Houston, Texas 77035
713.729.7550 fax: 281.778.7774
RFQ 2006-026
QUALIFICATIONS STATEMENT
C. Experience (size and complexity) Current Projects
PROJECT: Sienna Plantation: Sienna is a 14,000 acre master planned
community. Mikayla Architects is responsible for all code related plan
reviews and inspections on both residential and commercial projects. All
plan reviews and inspections have been completed on time and on budget.
We have completed reviews and inspections on over 4,000 homes and the
following commercial projects:
80,000 sf FBISD Elementry School
95,000 sf FBISD Elementry School
200,000 sf FBISD Middle School
50,000 Shopping Plaza
Golf Course & Club House
Information Center
Recreation Centers (3)
Water Park
Parks and Park Facilities
PROJECT: Missouri City Strip Center @ Anderson Springs:
45,000 sf Shopping Center.
Mikayla Architects provided plan review services and is completing
inspections on the building shell. The shell will be completed soon and the
tenant build outs will start in February.
MIKA YLA ARCHITECTS
10513 Willowisp Drive
Houston, Texas 77035
713.729.7550 fax: 281.778.7774
RFQ 2006-026
QUALIFICATIONS STATEMENT
D. Experience (governmental agencies)
The following plan reviews and / or inspections that were recently
completed. All project were completed on time and on budget.
Mikayla Architect was hired directly by the municipality.
City of Missouri City
100,000 sf FBISD Elementary School
250,000 sf FBISD Middle School
City of Rosenberg
$20,000,000 Apartment Complex
$50,000,000 LamarISD School Renovation / Addition
$30,000,000 LamarISD School Renovation / Addition
City of Cameron
Milam County Law Enforcement Center & Jail
$40,000,000 Cameron ISD School Renovation / Addition
$5,000,000 First Baptist Church Renovation / Addition
City of Rockdale
Wal mart Shopping Center Complex
Regional Sewer Treatment Plant
NOTE:
Mikayla Architects provided contract plan reviews for the City of Pearland
and City of Friendswood for about five years. The contracts ended in the fall
of 2003.
MIKA YLA ARCHITECTS
10513 WilJowisp Drive
Houston, Texas 77035
713.729.7550 fax: 281.778.7774
RFQ 2006-026
QUALIFICATIONS STATEMENT
E. References
1.
Lalo Flores
2.
Building Official 281 261 4275
City of Missouri City
1522 Texas Parkway
Missouri City, Texas 77489
Oscar Arevalo Building Official
City of Rosenberg
2220 Fourth Street
Rosenberg, Texas 77471
3.
Stanley Garrison
4.
David Allen
5.
Glenn Landrum
6.
Lon Williams
7.
Debbie Wilmore
8.
Michael Smith
Building Official
City of Cameron
100 South Houston Ave
Cameron, Texas 76520
Building Official
City of Tomball
401 Market Street
Tomball, Texas 77375
Senior Staff Analyst
Code Enforcement
City of Houston
3300 Main Street
Houston, Texas 77002
Code Official
City of Rockdale
505 W Cameron
Rockdale, Texas 76567
Building Official
City of La Porte
604 W Fairmaont Pwy
La Porte, Texas 77571
832 595 3542
254 697 6646
281 290 1409
281 351 5484
713 535 7508
512 446 2511
281 471 5020
President 281 778 7777
Sienna Johnson Development
3777 Sienna Parkway
Missouri City, Texas 77459
MIKA YLA ARCHITECTS
10513 Willowisp Drive
Houston, Texas 77035
713.729.7550 fax: 281.778.7774
RFQ 2006-026
QUALIFICATIONS STATEMENT
F. Methodology
Plan Review: The reviews would comply with the International Code
Council guidelines. The plans would be separated into major disciplines.
Structural, Mechanical/Electrical/Plumbing and Architectural. If the
project consists of twenty buildings the same structural plan review team
would review all twenty building for structural requirements. The other
disciplines would be reviewed simultaneously. Plan review comment reports
would be completed within ten days. The fee would include; plan review fee,
consultations with city and client, and resubmittal reviews. The City would be
billed a one time plan review fee when the initial review was completed.
Inspections: The inspections schedule would follow the established
construction schedule, using milestones and dates to track the schedule.
Approved Weather days could be added to the schedule. A project inspector
would be assigned to the job. This inspector would need office space on site.
The project inspector would be in constant contact with the construction
project manager. This project inspector would handle the general building
inspections and would be responsible for scheduling all other inspections;
structural, plumbing and mechanical. All inspection requested by 7:00 am
would be guaranteed that same day ( AM or PM). After hours inspections
would need to be scheduled 24 hours in advance. A project inspection log
would be kept in the main construction trailer. The log would list the date,
inspector, type of inspection, comments and inspection results. The inspection
fee would be equally divided by the number of months for the constructions.
The City would be billed for inspection services every month. The monthly
inspection fee would be the same rate every month for the duration of the
project. The inspection fee would include regular inspections, re inspection,
after hour inspections.
MIKA YLA ARCHITECTS
10513 Willowisp Drive
Houston, Texas 77035
713.729.7550 fax: 281.778.7774
RFQ 2006-026
QUALIFICATIONS STATEMENT
G. Consulting Team
Mikayla Architects currently uses two code related consulting firms. Winning Way
Services and RA Code Services. Both companies are owned by former Mikayla Architects
employees. They provide specialty inspections as required by the International Building
Codes and after hour inspections.
When the complete scope of the project is available, Mikayla Architects will provide a
complete list of consultants for the City's approval.
MIKA YLA ARCHITECTS
10513 Willowisp Drive
Houston, Texas 77035
713.729.7550 fax: 281.778.7774
RFQ 2006-026
QUALIFICATIONS STATEMENT
H. Disclosure Statement
Mikayla Architects has no conflicts of interest related to this project.
011~
Michael"Herman, Owner
1/9 !~?
Dat~
I. Outstanding Claims
Mikayla Architects has no outstanding claims against the firm.
7J II-A-
II C,J6t,.
Date
Michael Herman, Owner
J. Insurance
Mikayla Architects maintains general liability insurance through the Hartford (The
City of Pearland would be listed as a certificate holder). Mikayla Architects also has
Professional Liability Errors and Omission Insurance through USAA (This policy is
purchased for specific projects if required)
~ h1~ /19~?
Michael Herman, Owner Date
K
Mikayla Architects
Estimated 2005 Income Statement
01/09/2006
Revenue:
Gross Income
Less: Sales Returns and Allowances
Net Sales
Cost of Goods Sold:
Beginning Inventory
Add: Purchases
Freight-in
Direct Labor
Indirect Expenses
Less: Ending Inventory
Cost of Goods Sold
Gross Profit (Loss)
Expenses:
Advertising
Amortization
Bad Debts
Bank Charges
Charitable Contributions
Commissions
Contract Labor
Credit Card Fees
Delivery Expenses
Depreciation
Dues and Subscriptions
Insurance
Interest
Maintenance
Miscellaneous
Office Expenses
Operating Supplies
Payrol Taxes
Permits and Licenses
Postage
Professional Fees
Property Taxes
Rent
Repairs
Telephone
Travel
Utilities
Vehicle Expenses
Wages
Total Expenses
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$2,400.00
$0.00
$0.00
$1,200.00
$600.00
$0.00
$168,000.00
$0.00
$950.00
$0.00
$1,350.00
$29,000.00
$0.00
$850.00
$3,200.00
$7,200.00
$3,650.00
$48,000.00
$3,400.00
$2,100.00
$1,900.00
$0.00
$27,500.00
$4,500.00
$3,800.00
$3,900.00
$8,700.00
$22,000.00
$511,000.00
Page 1
$1,140,000.00
$0.00
$1,140,000.00
$0.00
$1,140,000.00
$855,200.00
K
Mikayla Architects
Estimated 2005 Income Statement
01/09/2006
Net Operating Income
$284,800.00
Other Income:
Gain (Loss) on Sale of Assets
Interest Income
Total Other Income
Net Income (Loss)
$0.00
$0.00
$0.00
$284,800.00
Page 2
RFQ 2006-026 Lifestyle Outdoor Mall Complex
Plan review & Inspection Services
Page 1 of 2
1\1Ik.\\L\ .\lHTllTrC IS
IUQ\:\\ LYSIS
It is understood that the City of Pearland reserves the right to accept or reject any and/or all
responses to this RFQ as it shall deem to be in the best interests of the City of Pearl and. Receipt
of any Qualification Statements shall be received and acknowledged only so as to avoid
disclosure of the contents to competing offerers and kept strictly confidential during the
negotiation/evaluation process. However. all documentation shall be open for public inspection
after a contract is awarded to the extent allowable under the State of Texas Open Records Act.
The Request for Qualifications will be evaluated using a one Hundred (100)-point system on the
following categories:
A. Responsiveness to the Request for Technical Qualifications. (15 points)
1. Requested information included and thoroughness of response.
2. Understanding of the project scope of work.
3. Proposed approach to project organization.
4. Clarity and brevity of the response.
Mikayla Architects company exist in two deciplines- design division and code
service division. In 2005 the company provided reviews and inspections on over
30 commercial projects and over 800 new homes. Company is experienced in
similar commercial projects such as; schools, retail centers, jails. churches.
recreational parks, office buildings, sport facilities and medical clinics. Company
claims that its current staff can accommodate a regular or an accelerated
construction schedule. (15 points)
B. Staffing Plan. (30 points)
1. Provision for the required disciplines and skills.
2. Provision for participation by firm's key personnel.
3. Qualifications of key personnel adequate for requirement.
4. Qualifications of proposed consulting team.
Mikayla Architects listed three (3) individuals along with their qualifications as
employees of the firm who will participate in this project However, company
stated that when the entire scope of the project is available, a project team \vill be
assembled, and a list of all team members will be provided to the city for
approval Mikayla Architects currently uses two code related consulting firms
Winning Way Services and RA Code Services. (20 points)
RFQ 2006-026 Lifestyle Outdoor Mall Complex
Plan review & Inspection Services
Page 2 of 2
C. Firm's capability to provide the services. (35 points)
1. Background of the firm.
2. Relevant experience of the firm.
3. Specific experience on active government projects.
4.' Methodology proposed to meet objectives of the project.
5. Location in the general geographical area of the project and knowledge of
the locality of the project.
s. References.
~1ikayla Architects is a full service architectural firm established in 1996. The
main office is located in Houston and a fIeld office is located in Missouri City.
In 2005 this company provided review and inspections on over 30 commercial
projects and over 800 new homes. Specific experience on active government
project include; 45,000sf Shopping Center and 100,000sf FBISD Elementary
School in Missouri City. Also worked on Regional Sewer Treatment Plant in
Rockdale City. Methodology for review and inspections is structured to comply
with the International Code Council guidelines Most of the references include
names and contact phone numbers of Building Officials for various cities in
Texas. (30 points)
D. Track record of projects completed on time and without complications. (20 points)
Mikayla Architecs listed multi-million dollar projects that \vere recently
completed in four (4) Texas cities. Company claimed that all projects were
completed on time and on budget. Additionally, compy was hired directly
by the municipality Mikayla Architects maintains general liability
and Errors/Omission Insurance. (20 points)
Once Qualification Statements are reviewed, a short list will be compiled. Interviews may be
conducted with the firms determined to be most qualified. Additional information may be
required at that time. Negotiations will begin with the firm determined to be most qualified for
the project. The City of Pearland City Council will make the final selection and approve the
proposed contract.
Negotiations will include selection of specific services in the best interests of the City of
Pearland. The selected firm must be prepared to enter negotiations with each service/project
individually represented by costs and necessity to the overall analysis. The City may elect to
contract for any or all of the proposed services after negotiations.
Total 'iron' 85"/;,