R2006-173 10-23-06
RESOLUTION NO. R2006-173
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 ARCHITECTURAL
SERVICES ASSOCIATED WITH THE ANTICIPATED 2007 BOND
ELECTION.
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 architectural services associated with
the anticipated 2007 Bond Election.
PASSED, APPROVED and ADOPTED this the 23rd day of October, A.D., 2006.
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TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution 2006-173 10/23106
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CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into on rOd:J.. 3... , 2006 by and between the City of -
Pearland ("CITY") and Tackett Lodholz Architects, Inc. ("CONSULTANT"). b
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The CITY engages the CONSULTANT to perform professional services for a project known and
described as a Prototypical Design for a Joint Fire Station/EMS Facility ("PROJECT").
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SECTION I - SERVICES OF THE CONSULTANT
The CONSULT ANT 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 provide preliminary architectural services to program,
develop a site plan, floor plans and elevations and provide an estimate of probable
cost for the PROJECT. 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 CONSULT ANT 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 CONSULT ANT recognizes that all drawings, special provisions, field survey
notes, reports, estimates and any and all other documents or work product
generated by the CONSULT ANT 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 anyone 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 anyone 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 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.
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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 CONSULT ANT is not to
be considered an agent or employee ofthe CITY.
SECTION II - PERIOD OF SERVICE
This CONTRACT will be binding upon execution and three months from the date of contract
execution.
SECTION III - CONSULTANT'S COMPENSATION
A. The method of payment for this CONTRACT is payment by installments. Total
compensation for the services performed shall be the sum of $19,250 plus a not
to exceed figure of $1,000 for reimbursable expenses for this work.
B. The CITY shall pay the CONSULTANT in installments based upon monthly
progress reports and detailed invoices submitted by the CONSULT ANT subject
to the following limitations:
1. If the scope of work of this CONTRACT includes the preparation of
studies, design concepts, or other investigations, progress payments shall
not exceed 75% 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 proj ect 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 CONSULT ANT'S work shall not relieve
CONSULT ANT'S responsibility for errors or omissions of the CONSULT ANT or
its sub-consultant(s) or in any way affect the CONSUT ANT's status as an
independent contractor of the CITY.
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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 CONSULT ANT
personally or by certified mail at 3270 SuI Ross Street, Houston, Texas 77098.
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 CONSULT ANT 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 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
CONTRACT. The prevailing party in the action shall be entitled to recover its
actual damages with interest, attorney's fees, costs and expenses incurred in
connection with the dispute and/or action. CONSULT ANT 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.
SECTION VI - ENTIRE AGREEMENT
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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 CONSULT ANT affirms that he has not employed or retained any company or person, other
than a bona fide employee working for the CONSULT ANT 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 liability,
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 23rd day of October
,2006.
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CITY OF PEARLAND, TEXAS
Bill Eisen, City Manager
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TACKETT LODHOLZ ARC H ITECTS 3270 SUL ROSS - HOUSTON, TEXAS 77098
7135210591 Office 7135210594 Fax tackettlodholz@sbcglobal.net
October 4, 2006
"EXHIBIT A"
City of Pearland
3519 Liberty Dr.
Pearland, Texas 77581
Attention: Mr. Trent Epperson, Projects Director
Mr. Epperson and City Officials, thank you for the opportunity to present our proposal for
architectural services for the new prototypical design for a joint fire station/EMS facility.
This proposal is being offered to aid the City of Pearland and the Fire Department in establishing
and assessing the station's square footage requirements, the facility needs, and the budget for the
new fire station/EMS facility. The planning and the design will be developed in meetings with the
City of Pearland Officials and the Fire Department.
We will initially provide architectural services to include:
1) Meet with the City and Fire Department to establish program needs, space
requirements, ingress and egress, parking, etc.
2) Develop a site plan, floor plan and elevations of the station/EMS facility.
3) Provide an estimate of probable cost of construction including kitchen appliances,
lockers and furniture, but excluding computer equipment, radios, tower, etc:
Our fee for the preliminary architectural services will be $19,250. Upon approval to proceed with
the project, we will enter into a second agreement with the City of Pearl and to refine and complete
the design, complete the construction documents, bid the project, and provide construction
administration services.
We will invoice for printing and reproduction costs at our actual cost with no mark up. These
expenses should be minimal in the initial phase (not to exceed $1,000).
If the above meets with your approval, please execute and return one copy to our office.
We look forward to working with you.
Respectfully Submitted,
Gerald Tackett, AlA
President