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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 .:...:..,.... .T....:. .11'"'' 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) 1J~Df' 'i nf 'i -'" .l>> :::! ~ ~ !!! -'" ii ~ j;J -'" ~ ~ III ~ -'" ~ ..... I @ 0 U'I U'I :E ~ :E en s:: :E rt (Xl III ~ C CD 0 CD ..... ~ CD ::r ..... ::r a- c ~ Dr 0 III @ a :i" iir 2 III ,; CD CD en tI ::J ." III 6" c l!' '< Dr III III ::I: 0 ::J iiJ en 0 "0 CD ." ,... )> III ..... III )> I .2. ~ ..... III CD (') 3 CD ,... f 6: CD ~ III CD ~ ;a III ~ 0: a. ~. 0 a; Gl en z ..... CD ,... 0 ::r III :f ::J ~ ::J a. 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I ~ ~ Uf ~ ...... ...... ~ ~ (j J , i ~ ~ ~ . ~ #. 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"/;,