Loading...
R2022-189 2022-08-22RESOLUTION NO. R2022-189 A Resolution of the City Council of the City of Pearland, Texas, authorizing a contract with Joiner Architects, for preliminary planning sch ematic report services associated with Fire Station #7 PER, in the estimated amount of $58,600.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract for preliminary planning schematic report services associated with Fire Station #7 PER, 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 preliminary planning schematic report services associated with Fire Station #7 PER. PASSED, APPROVED and ADOPTED this the 22nd day of August, A.D., 2022. ________________________________ J. KEVIN COLE MAYOR ATTEST: ________________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ________________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: 2BED3E07-4DC7-44A0-AA5C-D8B4A12C4614 Design 1 of 7 D2. Revised 04/2019 CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into upon final execution by and between the City of Pearland ("CITY") and Joiner Architects ("CONSULTANT"). The CITY engages the CONSULTANT to perform professional services for a project known and described as PER for Future Bond Referendum (Fire Station #7) ("PROJECT"). (Project #FA2206) SECTION I - SERVICES OF THE CONSULTANT The CONSULTANT shall perform the following professional services to CITY standards and in accordance with the degree of care and skill that a professional in Texas would exercise under the same or similar circumstances: A. The CONSULTANT shall perform the described Professional Services. See Exhibit A, attached, for a detailed SCOPE OF WORK and PROJECT schedule. The PROJECT schedule shall be submitted in digital and hard copy form in the Microsoft Project for Windows format. B. The CONSULTANT shall prepare and submit a detailed opinion of estimated cost of the PROJECT. C. The CONSULTANT acknowledges that the CITY (through its employee handbook) considers the following to be misconduct that is grounds for termination of a CITY employee: Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the CITY. The CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY employee to engage in such misconduct. D. The CONSULTANT shall submit all final construction documents in both hard copy and electronic format. Plans shall be AutoCAD compatible and all other documents shall be Microsoft Office compatible. The software version used shall be compatible to current CITY standards. Other support documents, for example, structural calculations, drainage reports and geotechnical reports, shall be submitted in hard copy only. All Record Drawings electronic files shall be submitted to the CITY in TIF format. E. The CONSULTANT recognizes that all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT shall be delivered to the CITY upon request, shall become subject to the Open Records Laws of this State. 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 Exhibit A DocuSign Envelope ID: F37FFF3E-EFE8-43FF-AB1F-2D9EA0F233F5 Design 2 of 7 D2 Revised 04/2019 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. The CONSULTANT shall agree to waive its Right to Subrogation. 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 indemnify and hold the CITY, its officers, agents, and employees, harmless from any claim, loss, damage, suit, and liability of every kind for which CONSULTANT is legally liable, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for damage to any property, or errors in design, any of which are caused by the negligent act or omission of the CONSULTANT, his officers, employees, agents, or subcontractors under this CONTRACT. H. All parties intend that the CONSULTANT, in performing services pursuant to this CONTRACT, shall act as an independent contractor and shall have control of its own work and the manner in which it is performed. The CONSULTANT is not to be considered an agent or employee of the CITY. DocuSign Envelope ID: F37FFF3E-EFE8-43FF-AB1F-2D9EA0F233F5 Design 3 of 7 D2 Revised 04/2019 SECTION II - PERIOD OF SERVICE This CONTRACT will be binding upon execution and end December 31, 2022. SECTION III - CONSULTANT'S COMPENSATION A. The total compensation for the services performed shall not exceed the total noted in Section B. B. The CITY shall pay the CONSULTANT in installments based upon monthly progress reports and detailed invoices submitted by the CONSULTANT based upon the following: 1. Basic Services (Lump Sum) $58,600.00 2. Additional Services shall require independent and specific authorization and shall be billed as (Not to Exceed): 3. Bid Phase Services (Hourly Not to Exceed) 4. Construction Phase Services (Hourly Not to Exceed) 5. Reimbursable Expenses (Not to Exceed) 6. Total: $58,600.00 C. The CITY shall make payments to the CONSULTANT within thirty (30) days after receipt and approval of a detailed invoice. Invoices shall be submitted on a monthly basis. D. CONSULTANT shall invoice for work performed during the preceding thirty day period (“Billing Period”). The Billing Period shall run from the 26th day to the 25th day of each consecutive month. Invoices shall be submitted to CITY not more frequently than once every 30 days. CONSULTANT shall be responsible for timely submittal of all invoices and CONSULTANT shall not be entitled to payment for invoices in arrears. All invoices shall reflect most recent single Billing Period only and represent the true, correct and accurate account of work performed during the Billing Period. E. For an agreed contract amount identified as “Lump Sum”, Not to Exceed” and “Reimbursable” the CONSULTANT shall not exceed the fixed contractual amount without written authorization in the form of a Contract Amendment. CONSULTANT shall provide 45 days prior notice to the CITY in the event contract fees may exceed the fixed contract amount. CONSULTANT shall be responsible for ensuring that such authorization is complete and executed by all parties DocuSign Envelope ID: F37FFF3E-EFE8-43FF-AB1F-2D9EA0F233F5 Design 4 of 7 D2 Revised 04/2019 performing any work or submitting any invoices for work that exceeds the fixed contract amount under any expense category. F. Allowable Reimbursable Expenses CONSULTANT shall identify and include in the proposal any anticipated Reimbursable Expenses, and shall itemize Reimbursable Expenses by work category. Reimbursable Expenses shall be invoiced AT COST without subsequent markup by the CONSULTANT. All invoices containing a request for Reimbursable Expenses shall include copies of the original expense receipts itemized per the allowable category. Allowable Reimbursable Expenses include: • Hard copy reproductions, copies and/ or binding costs • Postage • Mileage, for travel from Consultant’s local office (within a 25 mile radius) to meetings at the City or job-site. Mileage shall be charged at the current IRS rates. • Travel expenses, mileage from local office to State or federal regulatory agency office beyond 100 miles. • Lodging expenses, for destinations beyond 100 miles from the Consultant’s local office AND when business hours exceed eight hours within one business day OR requires more than one eight hour day. F.2. Disallowed Expenses Disallowed Expenses include travel expenses for professional expertise traveling into the greater Houston area from Consultant offices outside of the greater Houston area. 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- DocuSign Envelope ID: F37FFF3E-EFE8-43FF-AB1F-2D9EA0F233F5 Design 5 of 7 D2 Revised 04/2019 consultant(s) or in any way affect the CONSULTANT’S status as an independent contractor of the CITY. SECTION V - TERMINATION A. The CITY, at its sole discretion, may terminate this CONTRACT for any reason -- with or without cause -- by delivering written notice to CONSULTANT personally or by certified mail at 700 Rockmead Drive, Suite 265, Kingwood, TX 77339. 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. F. If the CITY terminates this CONTRACT for cause and/or if the CONSULTANT breaches any provision of this CONTRACT, then the CITY shall have all rights and remedies in law and/or equity against CONSULTANT. Venue for any action or dispute arising out of or relating to this CONTRACT shall be in Brazoria County, Texas. The laws of the State of Texas shall govern the terms of this CONTRACT. The prevailing party in the action shall be entitled to recov er its actual damages with interest, attorney’s fees, costs and expenses incurred in connection with the dispute and/or action. CONSULTANT and CITY desire an expeditious means to resolve any disputes that may arise between under this CONTRACT. To accomplish this, the parties agree to mediation as follows: If a dispute arises out of or relates to this CONTRACT, or the breach thereof, and if the dispute cannot be settled through negotiation, then the parties agree first to try in good faith, and before pursuing any legal remedies, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. DocuSign Envelope ID: F37FFF3E-EFE8-43FF-AB1F-2D9EA0F233F5 DocuSign Envelope ID: F37FFF3E-EFE8-43FF-AB1F-2D9EA0F233F5 8/24/2022 | 3:37 AM CDT DocuSign Envelope ID: F37FFF3E-EFE8-43FF-AB1F-2D9EA0F233F5 Page 1 of 3 July 14, 2022 Mr. Robert Upton Director of Engineering City of Pearland, Texas 3519 Liberty Drive Pearland, TX 77581 RE: CITY OF PEARLAND FIRE STATION NO. 7 PROPOSAL FOR CONDENSED ARCHITECTURAL PSR/SCHEMATIC DESIGN SERVICES Dear Mr. Upton: Thank you for the opportunity to submit this proposal for professional services. We greatly appreciate it. Joiner Architects, Inc., the Architect, is pleased to provide this proposal to the City of Pearland, the Client, for professional services for the above referenced project. The following are our proposed Scope of Services based on our understanding of the Project Description: Project Description: Construction of approximately 14,300 sq. ft. station to house one 4-person Engine Crew, one 2- person EMS Ambulance Crew, and 2 trainees. Station will include a generator, sleeping rooms, restrooms with showers, a kitchen & dining area, a dayroom, a Lieutenant office, a station command office, and an exercise room. Equipment area will consist of four 80-foot-deep drive through apparatus bays, a bunker gear storage area, medical supply storag e, and an EMS decontamination area. Also, the station will support a separation of dirty/clean areas for firefighter health, which will include showers & restrooms, and shower for decontamination. Initially this station will only be staffed by one fire engine pumper. An ambulance will be staffed based upon future demand. The facility will be located north of Bailey Road, just west of the Bailey Water Plant. DocuSign Envelope ID: F37FFF3E-EFE8-43FF-AB1F-2D9EA0F233F5 Page 2 of 3 Scope of Basic Services: 1. Review existing project information: a. Existing site documentation: Site Assessment, TIA, geotechnical, etc. b. Site location: Proposed site or alternate site. c. Exiting public utilities: Confirm locations. d. Assumptions and constraints. 2. Hold a kickoff/scoping meeting with Owner. 3. Four (4) progress meeting with Owner. 4. Generate Design Narrative: a. Building Square Footage. b. To house engine crew, ambulance crew, etc. c. Proposed spaces based on meetings with owner. d. Generator size 5. Prepare a schematic site plan, floor plan, and front rendering suitable for public exhibit. 6. Prepare preliminary construction budget for the facility. Reimbursable Expenses: The following items shall be paid by Architect and reimbursed by Client: 1. Printing costs. 2. Couriering costs. Exclusions: 1. Site surveying 2. Traffic Impact Analysis Schedule: We anticipate a total of two months to complete the Scope of Basic Services. Compensation: Based on the above Scope of Basic Services, Additional Services, and Reimbursable Expenses we are proposing a lump-sum not to exceed fee of $58,600.00 (fifty-eight thousand, six hundred dollars and zero cents). Additional Services Schedule of Hourly Fees: Administrative $125.00 Design Professional/CAD Operator $150.00 Project Architect/Technical Lead $225.00 Principal $250.00 DocuSign Envelope ID: F37FFF3E-EFE8-43FF-AB1F-2D9EA0F233F5 Page 3 of 3 Please feel free to contact me if you have any questions pertaining to this proposal . We look forward to working with you, and completing another successful project. Sincerely, Joby M. Copley, AIA Partner DocuSign Envelope ID: F37FFF3E-EFE8-43FF-AB1F-2D9EA0F233F5 DocuSign Envelope ID: F37FFF3E-EFE8-43FF-AB1F-2D9EA0F233F5 Controlling Name of Interested Party4 Nature of interest City, State, Country (place of business) Intermediary (check applicable) CERTIFICATE OF INTERESTED PARTIES 1295FORM 1 of 1 1 OFFICE USE ONLY 2 07/27/2022 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. Name of business entity filing form, and the city, state and country of the business entity's place of business. Joiner Architects, Inc. Kingwood, TX United States Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 3 City of Pearland architectural design services FA2206 2022-915289 07/27/2022 Date Filed: Date Acknowledged: Certificate Number: CERTIFICATION OF FILING Copley, Joby XKingwood, TX United States 6 Signature of authorized agent of contracting business entity My name is _______________________________________________________________, UNSWORN DECLARATION Check only if there is NO Interested Party.5 My address is _______________________________________________, _______________________, and my date of birth is _______________________. Executed in ________________________________________County, I declare under penalty of perjury that the foregoing is true and correct. (street)(state)(zip code)(country) (year)(month) _______, ______________, _________. State of ________________, on the _____day of ___________, 20_____. (city) (Declarant) Version V1.1.191b5cdcwww.ethics.state.tx.usForms provided by Texas Ethics Commission DocuSign Envelope ID: F37FFF3E-EFE8-43FF-AB1F-2D9EA0F233F5 DocuSign Envelope ID: F37FFF3E-EFE8-43FF-AB1F-2D9EA0F233F5 1001486 132849.13 04-22-2020 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME: CONTACT (A/C, No): FAX E-MAIL ADDRESS: PRODUCER (A/C, No, Ext): PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT ER OTH- STATUTE PER LIMITS(MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) POLICY EFF POLICY NUMBERTYPE OF INSURANCELTR INSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 08/04/2022 Butch Standerfer 1329 Kingwood Dr Kingwood, TX 77339 Butch Standerfer 281-361-8188 281-361-0402 butch@butchstanderfer.com Joiner Architects, Inc. 700 Rockmead Dr Ste 265 Kingwood, TX 77339-2191 43419 25178 25143 25143 A Y Y 1,000,000 300,000 5,000 1,000,000 2,000,000 2,000,000 B Y Y 302 6955-A07-53L 07/07/2022 01/07/2023 1,000,000 1,000,000 1,000,000 C 90-CX-R741-8 01/01/2022 01/01/2023 5,000,000 5,000,000 D Y Y 90-GH-P142-1 01/01/2020 01/01/2021 1,000,000 1,000,000 1,000,000 City of Pearland 3519 Liberty Drive Pearland, TX 77581 State Farm Lloyds State Farm Mutual Automobile Insurance Company State Farm Fire and Casualty Company State Farm Fire and Casualty Company 90-CX-R446-2 01/01/2021 01/01/2022 351-1760-F17-53D 12/17/2021 12/17/2022 Completed by an authorized State Farm representative. If signature is required, please contact a State Farm agent. DocuSign Envelope ID: F37FFF3E-EFE8-43FF-AB1F-2D9EA0F233F5