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R2006-170 10-09-06 RESOLUTION NO. R2006-170 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 PRELIMINARY DESIGN SERVICES ASSOCIATED WITH THE ANTICIPATED 2007 BOND ELECTION (NATATORIUM). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract, 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 a contract for preliminary design services associated with the anticipated 2007 Bond Election. PASSED, APPROVED and ADOPTED this the 9th day of October, A.D., 2006. )0n/ c4 E-t:el TOM REID MAYOR ATTEST: 4.// d•UNGGR " C Or Y S:`'RETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY EXHIBIT ,A CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into on . 2006 by and between the City of Pearland ("CITY") and PBK, Inc. ("CONSULTANT"). The CITY engages the CONSULTANT to perform professional services for a project known and described as the proposed Natatorium ("PROJECT"). 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 program and provide preliminary architectural design services and cost estimate for the proposed Natatorium. See Exhibit A. attached. for a detailed SCOPE OF WORK. The PROJECT schedule shall be submitted in digital and hard copy form in the Microsoft Project for Windows format. B. The CONSULTANT shall prepare and submit a detailed opinion of estimated cost of the PROJECT. C. The CONSULTANT acknowledges that the CITY (through its employee handbook) considers the following to be misconduct that is grounds for termination of a CITY employee: Any fraud, forgery. misappropriation of funds. receiving payment for services not performed or for hours not worked. mishandling or untruthful reporting of money transactions. destruction of assets. embezzlement. accepting materials of value from vendors, or consultants. and/or collecting reimbursement of expenses made for the benefit of the CITY. The CONSULTANT agrees that it will not, directly or indirectly: encourage a CITY employee to engage in such misconduct. D. The CONSULTANT shall submit all final construction documents in both hard copy and electronic format. Plans shall be AutoCAD compatible and all other documents shall be Microsoft Office compatible. The software version used shall be compatible to current CITY standards. Other support documents, for example. structural calculations. drainage reports and geotechnical reports, shall be submitted in hard copy only. All Record Drawings electronic files shall be submitted to the CITY in TIF format. E. The CONSULTANT recognizes that all drawings. special provisions, field survey notes. reports. estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT shall be delivered to the CITY upon request. shall become subject to the Open Records Laws of this State. F. The CONSULTANT shall procure and maintain for the duration of this Agreement. insurance against claims for injuries to persons. damages to property. or any errors and omissions relating to the performance of any work by the CONSULTANT. its agents. employees or subcontractors under this Agreement, as follows: (1) Workers' Compensation as required by law. (2) Professional Liability Insurance in an amount not less than $1.000.000 in the aggregate. (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. G. The CONSULTANT shall indemnifyano hold the suit. s officers. agents. and andliability of every employees, harmless from any kind for which CONSULTANT is legally liable, including all expenses of litigation. court costs, and attomey'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. I3. 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. -2- SECTION II-PERIOD OF SERVICE This CONTRACT will be binding upon execution and end 60 days from the date of execution of this contract. SECTION III -CONSULTANT'S COMPENSATION A. The method of payment for this CONTRACT is one lump sum. Total compensation for the services performed shall be the sum of$15.000. B. The CITY shall pay the CONSULTANT in installments based upon monthly progress reports and detailed invoices submitted by the CONSULTANT subject to the following limitations: 1. Prior to approval of the preliminary design. payments to the CONSULTANT shall not exceed 30% of the total CONTRACT amount. 2. Prior to approval of the final design documents, payments to the CONSULTANTS shall not exceed 60% of the total CONTRACT amount. The final approval and payment will be made within a reasonable period of time regardless of the project construction schedule. 3. If the scope of work of this CONTRACT includes the preparation of studies. design concepts. or other investigations, progress payments shall not exceed 90% of the total CONTRACT amount prior to submittal of the final report deliverables. C. The CITY shall make payments to the CONSULTANT within thirty (30) days after receipt and approval of a detailed invoice. Invoices shall be submitted on a monthly basis. SECTION IV-THE CITY'S RESPONSIBILITIES A. The CITY shall designate a project manager during the term of this CONTRACT. The project manager has the authority to administer this CONTRACT and shall monitor compliance with all terms and conditions stated herein. All requests for information from or a decision by the CITY on any aspect of the work shall be directed to the project manager. B. The CITY shall review submittals by the CONSULTANT and provide prompt response to questions and rendering of decisions pertaining thereto. to minimize delay in the progress of the CONSULTANT'S work. The CITY will keep the CONSULTANT advised concerning the progress of the CITY'S review of the work. The CONSULTANT agrees that the CITY'S inspection, review. acceptance or approval of CONSULTANT'S work shall not relieve CONSULTANT'S responsibility for errors or omissions of the CONSULTANT or its sub-consultant(s) or in any way affect the CONSULTANT's status as an independent contractor of the CITY. SECTION V-TERMINATION A. The CITY, at its sole discretion, may terminate this CON TRACT for any reason - - with or without cause -- by delivering written notice to CONSULTANT personally or by certified mail at 11 Greenway Plaza. Suite 2210. Houston. Texas 77046. Immediately after receiving such written notice, the CONSULTANT shall discontinue providing the services under this CONTRACT. B. If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all drawings. special provisions, field survey notes. reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT, entirely or partially completed. together with all unused materials supplied by the CITY on or before the 15th day following termination of the CONTRACT. C. In the event of such termination, the CONSULTANT shall be paid for services performed prior to receipt of the written notice of termination. The CITY shall make final payment within sixty (60) days after the CONSULTANT has delivered to the CITY a detailed invoice for services rendered and the documents or work product generated by the CONSULTANT under the CONTRACT. D. If the remuneration scheduled under this contract is based upon a fixed fee or definitely ascertainable sum, the portion of such sum payable shall be proportionate to the percentage of services completed by the CONSULTANT based upon the scope of work. E. In the event this CONTRACT is terminated, the CITY shall have the option of completing the work, or entering into a CONTRACT with another party for the completion of the work. -4- F. If the CITY terminates this CONTRACT for cause and/or if the CONTRACTOR breaches any provision of this CONTRACT, then the CITY shall have all rights and remedies in law and/or equity against CONSULTANT. Venue for any action or dispute arising out of or relating to this CONTRACT shall be in Brazoria County. Texas. The laws of the State of Texas shall govern the terms of this CON 1 RACT. The prevailing party in the action shall be entitled to recover its actual damages with interest, attorneys 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 CON I RACT. 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 Iiability. and in its discretion, may deduct from the CONTRACT price or consideration. or otherwise recover, the full amount of such fee, commission, percentage brokerage fee. gift. or contingent fee that has been paid. SECTION VIII- SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto. The parties have executed this CONTRACT this day of . 2006. CITY OF PEARLAND. TEXAS -5- CONSULTANT -6- IDENTIFIED WORK SCOPE 1. Assist City of Pearland with establishing and providing studies of Sites if needed to determine best possible Site for both the City of Pearland's interest and Pearland I.S.D.'s interests. This would include providing layouts on sites to determine that overall layout and all facilities work in accordance with the City of Pearland's requirements and wants. 2. Provide Master Planning and site layouts to assure that Site will support the proposed Natatorium and also the possible future Community Center. This shall include study of parking, detention, overall site layout requirements and the inclusion of a future Pearland I.S.D. Campus. Detail of these studies are to determine the acreage needed to construct a new Natatorium and a future Community Center for the City of Pearland 3. Meet with City of Pearland and Pearland I.S.D. staff to identify exact requirements and needs for the interior and exterior spaces for the Natatorium. Studies will also include alternate designs for the Natatorium to provide the City of Pearland with options for Construction Costs for the new facility. PBK will also meet with City of Pearland staff to identify space requirements for the possible future Community Center. 4. Provide detailed Programming for all space requirements and components of the proposed Natatorium including all Site requirements. 5. Provide a Preliminary Program for all space requirements and components of the possible future Civic Center. This preliminary Program shall be sufficient in detail to determine building size and Site needs. 6. Provide Schematic Design drawings of Site Plan Studies, Floor Plans and exterior Elevation Studies for the proposed new Natatorium. 7. Provide any conceptual drawings requested by the City of Pearland to help promote any needs for a proposed Bond Issue for these facilities. 8. Provide detailed Cost Analysis for the proposed Natatorium. This cost analysis will include description of probable inflation estimates for planning by the City of Pearland • for construction costs over the next five years.. 9. Attend any meetings called by the City of Pearland to present Site and Floor Plan studies to the City Council,Pearland Independent School District School Board, etc. In determining probable Construction Costs, PBK has a historical database of similar building project costs, and are prepared to offer our assistance in determining the probable construction cost for such a facility based on our experience. Our estimates are approximate only, and can be used only as an opinion of probable cost for this facility. We cannot be held liable for, nor do we offer any guarantee that the project will be bid at the estimated cost. DESIGN FEE AND BILLING INFORMATION 1. Compensation for all the services described above will be billed at a Lump Sum Fee of$ 15,000.00.