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R2002-0176 11-11-02 RESOLUTION NO. R2002-176 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 C. L. R. ARCHITECTS FOR ARCHITECTURAL SERVICES ASSOCIATED WITH THE CONSTRUCTION OF THE SWEC RECYCLING 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 C. L. R. Amhitects, 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 C. L. R. Architects, for architectural services associated with the construction of the SWEC Recycling Center. PASSED, APPROVED and ADOPTED this the ~.lth day of A.D., 2002. November REiD MAYOR ATTEST: iNG L~ / SE ETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Exhibit "A" Resolution R2002-176 CITY OF PEARLAND STANDARD AGREEMENT FOR ARCHITECTURAL SERVICES This Contract (Contract) is made between the City of Pearland, Texas (hereinafter "City"), and CLR, 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 and Engineering design services and construction phase services for the proposed SWEC recycling center ArchitectJSubconsultant(s) Fee Basis of Compensation CLR - Arch./Engr $92,400 Percent of Constr. CLR - Surveying $10,000 Reimburseable CLR - Expenses $10,000 Reimburseable HBC Architectural $22,000 Reimburseable Maximum Contract Amount $134,400 * 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. Delivery of plans, specifications and estimates: March 2003 Attachments: Scope of Services - Exhibit A Project Schedule - Exhibit B 2. Services and Payment. Architect shall perform services within the Standard of Care of the Architectural profession as follows: 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 one of the following methods: 1. Salary Cost Times Multiplier Plus Direct Nonsalary Expense ("Salary") Compensation shall be based on 1) the direct salaries (including benefits) of the Architect's employees whose time is directly chargeable to the project; 2) an agreed upon multiplier to compensate the Architect for overhead and profit; and 3) reimbursement for direct nonsalary expenditures and subconsultant contracts as defined in the scope of work for the project. The Architect shall provide a proposal that includes the total fees for the project, which shall not be exceeded without prior City approval. 2. Per Diem ("Per Diem") Compensation shall be based upon 1) an agreed upon lump sum per day for specific services; and 2) reimbursement for direct nonsalary expenditures and subconsultant contracts as defined in the scope of work for the project. This method is best suited to expert witness work or other short-term engagements involving intermittent services. 3. Cost Plus Fixed Fee ("Cost Plus") Compensation shall be based upon 1) reimbursement of the actual costs of all services and supplies related to the project and 2) an agreed upon fixed fee (profit). The Architect shall provide an estimate of the costs to be reimbursed, but actual compensation shall be based upon invoices and supporting documentation provided by the Architect. 4. 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. 5. Percent of Construction ("Percent") Compensation shall be based upon 1) the "Harris County Curve for Architectural Compensation" for basic and construction phase services; and 2) reimbursement for direct nonsalary expenditures and subconsultant contracts as defined in the scope of work for the project. The Architect shall provide a proposal that includes the estimated construction cost of the project and the total fees for the project. If the actual Iow bid for construction is 20% above or below the estimate, the Architectural fees are subject to equitable adjustment by mutual agreement of the Architect and City. 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 percent (1%) 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. E. Prior to execution of this agreement, the Architect shall prepare a project schedule identified as an attachment to this agreement and submit it for review within 15 calendar days after receiving a Notice-to-Proceed. The Project Schedule shall be submitted in digital and paper form, in the Microsoft Project for Windows format. The Project Schedule shall contain a complete schedule so that the Architect's scope of services under this contract can be accomplished within the specified time and contract cost. The Project Schedule will provide specific work sequence and definite review times by the City and the Architect of the work performed. If the review time should take longer than shown on the project schedule, through no fault of the Architect, additional contract time may be authorized by the City through a supplemental agreement, if requested by a timely written request from the Architect and approved by the City. , 3. Term and Termination. This Contract term will begin upon execution and end sixty days after issuance of the certification of completion of construction by the Architect. 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. 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 and consultants 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 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. 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 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. Indemnity. 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 found to be negligent, 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. Assignment. Architect shall not assign this Contract without the prior written consent of the City. 10. 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 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. 14.Miscellaneous. Architect shall provide the following services and shall report to the City any known deviations from the contract specifications: 1) Full-time observations of the placement of under ground utilities and back-fill cover 2) Observation of the sub-base prior to the pouring of concrete for building pads and drive surfaces 3) Full-time observation of all concrete pours EXECUTED and EFFECTIVE as of the / ?-- day of J~o?¢~/:~..~- , 200~ City Manager ~~, ~, Architect Printed N~a nl~e.', ~~ ~~.~L Title: ~;~t~~ STATE OF TEXAS § COUNTY OF ~"~~..c~ § BEFORE ME, the undersigned Notary Public, on this day personally appeared '"~;/I ~"~'s;'~-.¢-.~ , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. AND SEAL OF OFFICE THIS /,~/'/'~ DAY · ,.GIVEN UNDER MY HAND Of /~O'¢'~,,~/~-c~.-- , A.D., 20 02. . IN AND FOR THE STATE OF TEXAS Printed Name: ~Je~,'~..~- K'. ~',,.~ My Commission Expires: BEFORE ME, the undersigned Notary Public, on this day personally appeared ~f.~'/ ~e-V~L- , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ~J''-~vc DAY OF Al o v6-r~c:fL , A.D., 20 om NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS. Printed Name: V ~:_ t-~,.:~, My Commission Expires: OUTLINE OF PROJECT SCOPE CITY OF PEARLAND RECYCLING CENTER November 05, 2002 Following is the preliminary outline of project scope for the City of Peadand Recycling Center. Revisions to this outline will occur as detail of project scope is developed: Construct a freestanding building of approximately 8,000 square feet. The building will include the following spaces: · Office 300 sf · Unisex Restroom 50 sf · Receiving, Sorting, Process Area 6,200 sf · Covered Extedor Storage/Work Area 1,000 sf · I ntedor/ExtedorWalls Allowance 450 sf Total Gross Building Area 8,000 sf The building will be a drive-in facility with overhead doors at two sides of the structure. The slab for the building will be designed to support vehicular traffic in accordance with recommendations from the geo-technical report. The building will include HVAC systems at the office and restroom only. A vertical bailer will be installed at the process area. The project's design will be developed in relation to the City of Peartand's overall concept/desired appearance for the Southwest Environmental Center (SWEC) site. Construct concrete paved drives, parking, staging, and dumpster storage areas to allow for staging entrance/exit, on-site circulation, on-site parking, and trade access to loading areas. Lighting, bollards, and fencing will be provided. Construct asphalt extensiOn of Magnolia Road (2 lanes) from existing wastewater plant entrance drive to recycling center entrance drive. 6. E~'tension of utilities/services from existing wastewater plant to recycling center site (or other location as required). 7. Landscaping of Recycling Center site and adjacent areas. 8. No on-site detention will be required. 9. Grading and Drainage plans for the project site will be developed. Note: Project will be designed in accordance with City of Peadand requirements. glo o , , o ARCHITECTURAL/ENGINEERING SERVICES CITY OF PEARLAND RECYCLING CENTER November 05, 2002 Following is general outline of Architectural and Engineering Services to be provided for the Recycling Center Project: Schematic Design Design Development Construction Documents Receipt of Bids/Proposals Construction Administration Development of the conceptual design for the facility Refinement and development of the Schematic Design with updated estimate of cost, systems/materials selection, outline specifications Development of technical drawings and project manual, which will be utilized for the construction of the facility with updated estimate of cost Issuance of Construction Documents, Addenda, Receipt of Pridng, Review of Pricing, Recommendation regarding Contract Award Provide construction observation services to include field reports; Request for Information (RFI) response; submittal/shop drawing review; pre-installation conferences; pedodic on-site reviews/documentation (foundations, slabs, paving, etc.); progress/coordination meetings with Contractor; punch lists; substantial completion; final completion; and close-out. CONFIRMATION OF ESTABLISHED BUDGET CITY OF PEARLAND RECYCLING CENTER November 05, 2002 It is CLR's understanding that the maximum design and construction budget established for the Recycling Center project is $1,500,000.00. Based on this budget, CLR has established the following preliminary breakdown of the budget components: 1. Estimated Construction Cost/Site Development Expense $1,155,000 (Building, drive extension, landscaping, fencing, parking/drives, utility/service extensions, etc.) 2. Contingency Allowance $75,000 Subtotal $1,230,000 3. Professional Fees (Architectural/Engineering) $98,400' 4. Estimated Topographic Survey Cost $10,000 5. Estimated Geo-technical Cost $22,000 6. Estimated Advertising, Plan Set Printing Cost, Etc. $10,000 7. Estimated Materials Testing/Quality Control Cost $35,000 8. Estimated Furnishings/Loose Equipment $58,625 9. Contingency $25,000 Total $1,500,000 A/E fee will be 8% of Final Construction Cost. The preliminary breakdown shown above is based on assumptions/limited data. Monies for individual line items excluding A/E fee shown may fluctuate as the project scope and design is developed. Note: C:',DOCUME~I',,amuetIer, COF~LOCALS~I\Temp\Con~m'¢~ of Estabci Proj E~ud~et COP Recy 1 PROJECT SCHEDULE CITY OF PEARLAND RECYCLING CENTER November 05, 2002 TASK / ITEM Pre-Design Submit Initial Schedule, Budget Understanding, Contract to City of Peadand Schematic Design Topographic Survey Develop Schematic Design Review of Schematic Design Council Approval of Schematic Design Design Development Begin Design Development Complete Design Development Documents Design Development Presentation Review Council Approval of Design Development Construction Documents Begin Construction Documents 50% Construction Documents Review with City of Peadand 95% Construction Documents Review with City of Peadand Construction Documents QA/QC Pedod Council Approval of Construction Documents Issue ConstruclJon Documents for Pdnting Release Construction Documents for Pdcing Proposals Proposal Pedod Receipt of Proposals Review of Proposals Develop Owner-Contractor Agreement Council Approval of Construction Contract Construction Issue Receipt of Contractor's Bonds/Insurance/Etc. Issue Notice to Proceed to Contractor Move On Site Construction Pedod Substantial Completion DATE October 29, 2002 November 8- 29, 2002 November 15- 22, 2002 November 25, 2002 December 9, 2002 December9,2002 January7,2003 January9,2003 January 13,2003 January 16, 2003 February 11, 2003 March 4, 2003 March 5 - 12, 2003 March 10, 2003 March 13, 2003 March 17, 2003 March17-Apd18,2003 Apd18,2003 Apd18-11,2003 Apd114-15,2003 Apd128,2003 May2,2003 May6,2003 May7-13,2003 May13,2003-January, 2004 December19,2003 Final Completion Januanj 19, 2003