R2007-134 2007-08-27
RESOLUTION NO. R2007 -134
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 ARCHITECTURAL DESIGN SERVICES
ASSOCIATED WITH THE ANIMAL CONTROL SHELTER RENOVATION
AND EXPANSION PROJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for architectural design services associated with
the Animal Control Shelter Renovation and Expansion Project, 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 architectural design services associated with
the Animal Control Shelter Renovation and Expansion Project.
PASSED, APPROVED and ADOPTED this the 2ylh day of August, A.D., 2007.
~~
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
(]~K.~
DARRIN M. COKER
CITY ATTORNEY
Exhibit II A"
Resolution No. R2007 -134
07 -0056
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into on AlIglI~1: n , 2007 by and between the
City of Pearland ("CITY") and Jackson & Ryan Architects ("CONSULTANT").
The CITY engages the CONSULTANT to perform Architectural Services for the Animal
Control Facilities. (010-2230-565-2300)
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 provide Architectural Services for the Pearland Animal
Control Facility. See Exhibit A-I, 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
CONSUL T ANT 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
CONSUL T ANT, 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,
CONSUL T ANT 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 CONSULTANT is not to
be considered an agent or employee of the CITY.
SECTION II - PERIOD OF SERVICE
This CONTRACT will be binding upon execution and end in \ Mav,1. 2008
SECTION III -CONSULTANT'S COMPENSATION
A. The method of payment for this CONTRACT is a Lump Sum contract. Total
compensation for the services performed shall be the sum of $37,050.00.
B. The CITY shall pay the CONSULTANT in installments based upon monthly
progress reports and detailed invoices submitted by the CONSULTANT
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
CONSUL T ANT 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
CONSUL T ANT'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 CONTRACT for any reason -
- with or without cause -- by delivering written notice to CONSULTANT
personally or by certified mail at 2370 Rice Blvd. Suite 210, Houston, Texas
77005. Immediately after receiving such written notice, the CONSULTANT shall
discontinue providing the services under this CONTRACT.
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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 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. 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.
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.
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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 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 27th day of AUQust
,2007.
C~N~AS
Bill Eisen, City Manager August 27, 2007
~~
-'i-
JACKSON & RY AN ARCHITECTS
Fee
We will provide a lump sum fee in the amount of $34,050 which is broken down as follows:
Jackson & Ryan Architects
Redding, Linden & Burr Engineers
Ingenium Structural Engineers
Rehka Civil Engineers
$20,000
2,500
2,500
9,050
$34,050
TOTAL
Reimbursable expenses will be in addition to this amount and include mileage, plots and
reproduction costs. We do not anticipate these costs to exceed $3,000.
Additional services beyond this scope will be handled on an hourly time card basis according to the
attached Schedule of Hourly Rates.
Schedule
We propose the following timeline:
Schematic Design
Design Development
Construction Documents
Bid / Negotiation / Permitting
Construction
2 weeks
4 weeks
6 weeks
4 weeks
4 months
City reviews can happen concurrent with these time frames provided they are managed efficiently.
Thank you for this opportunity to be of service. Let me know if you have any questions.
Cordiall y,
2370 RICE BLVD SUITE 210 HOUSTON TX 77005 7135265436
JACKSON & RYAN ARCHITECTS
SCHEDULE OF HOURLY RATE CATEGORY
March 2007
1. Principal $200.00
2. Associate Principal $150.00
3. Project Architect $110.00
4. Project Designer $ 90.00
5. Intern Architect $ 75.00
6. Financial Manager $ 75.00
7. Marketing $ 50.00
8. Information Technology $ 50.00
9. Clerical $ 40.00
Rates are subject to adjustment in accordance with annual personnel salary review.
2370 RICE BOULEVARD, SUITE 210, HOUSTON, TEXAS 77005 (713) 526-5436 FAX (713) 526-4241
AUG-02-2007 10:13 AM
I '"'IIIIl1 n I;; n n ~
~ CONSULTING
Ms. Martha Seng
JACKSON RYAN ARCHITECTS
2370 Rice Blvd.
Houston, Tx.
REHKA ENGINEERING 7138957686
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CIVIL ENGINEERS AND LAND SURVEYORS
P.01
August2,2007
Re: Proposal and Letter of Agreement for: Civil Engineering Services - Proposed
Expansion for Animal Shelter - 2002 Old Alvin Road - Pearland, Tx. -+ 2 acres
Dear Sir:
REKHA ENGINEERING, INC. (nREn) is pleased to submit the following proposal and letter
of agreement to provide professional civil engineering services for the referenced project.
Planned is to expand the existing building with 1200 s. f. -+ which has an existing building
and parking lot for the city. Included in our scope is to perform a) prepare civil engineering
plans for the on site development including a paving and drainage plan, utility plan, drainage
area map, a detention plan with calculations. civil details and coordination in design for the
expansion. b) Pollution prevention plan with PPP detail sheet and pollution prevention plan
report c) approvals from the city and BDD#4 4} Topographic Survey of the tract plus utility
investigation of the street, all on a local bench mark of the -+ 2 acre animal area only e)
subdivision plat - minor COP plat - one time submittal including preparation, submittal,
approvals, and coordination of recordation. Note that you shall provide a site dimensional
plan on computer, boundary surveyor legal description, a soils report and define an ADA
route from the architect Note not included are the following: all offsite improvements
outside the boundary of the proposed area, any and all land surveying and bench mark
information, FEMA information, letter of availability (LOA), site dimensional plan, left turn
lane, landscape plan per proposal only, fire lane designs, traffic control plans, drainage
report, septic aeration system designs, tank storage design, plan and profile plans for utility
extensions (onsite and offsite). Proposed schedule is to complete the land surveying in 2
weeks and the civil engineering in 2 weeks after receiving the approved site plan. All
municipal fees and plan fees shall be provided by owner for all civil engineering and
surveying submittals, if required. All plat fees, updated title report and original tax
certificates shall be provided by owner.
REKHA Engineering, Inc. will perform the referenced services for the referenced project for a
lump sum fees of : (* if needed)
a. Civil Engineering Plans $ 3,270.00
b, Pollution Prevention Plans wI report 470.00
c. Approvals + BDD#4 470.00
d. Topographic Survey with Utility investigation (2.7 ac) 2,270.00
e) Subdivision Plat - Minor Plat 2,570.00
f) * Bid and Construction Phase - Hourly per Exhibit
plus reimbursable expenses and state sales tax. Reimbursable Expenses (RE) consist of
mileage, plots, reproduction, adjoiner fee, filing fees, etc, as shown on Exhibit "An, Note if the
scope of services is adiusted or chanaed. and uoon your written approval. we shall invoice extra
services on an hourly basis as per Exhibit "A". attached hereto and made a part hereof. If this is
acceptable to you, please sign below and return one fully executed original to us, at which time
this will become a binding Agreement between us. Upon receipt thereof, we will immediately
commence performance of our services. If this is acceptable to you, please sign below and return
one fully executed original to us, at which time this will become a binding Agreement between us.
Upon receipt thereof; we will immediately commence performance of our services. Payment will
be due upon receipt of invoice date.
5301 HOLLISTER, SUITE 190. HOUSTON, TEXAS 77040
PHONE: (713) 895-8080/~081 . FAX: (713) 895-7686
Webslte: http:/www.rekhaensP.tom . E-mail: Jake1@pdq.net
AUG-02-2007 10:14 AM REHKA ENGINEERING 7138957!86,
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~ CONSULTING CIVIL ENGINEERS AND LAND SURVEYORS
P.02
Page 2
In the event this account is placed for collection with any party or through judicial proceedings, you
agreed to pay all cost incurred and/or are awarded by the court and in addition to any principal,
prejudgment interest and all cost associated with the collection, including deliveries, etc...
Furthermore you agreed that all past sums bear interest of at the 1.5% per month or 18% per
anum on any and all outstanding balances. Venue for any dispute under this contract is Houston,
Harris County, Texas. All sums are due and payable in Houston, Harris County, Texas.
Presenttv. RE has 500.000 professional liability Insurance coverage: workman
comoensatlon coverage: and $1.000.000 umbrella lIabilltv coveraae. However, it is agreed
that RE will be responsible only for loss or Injury caused by acts or omissions of its agents
and employees, and Owner will Indemnify and hold RE hannless from any and all claims or
causes, of action arising, in whole or in part, from the act or omissions of OWner, Owner's
agents, employees, third parties and/or consultants associated with the Owner and the
h renced project.
ciates the opportunity to submit this proposal and we are ready to perform for you!!
ERING, INC. AGREED AND ACCEPTED BY:
-'By:
ish, Sr. Vice President (Note: the person and entity that is
signing this proposal is responsible for payment).
Type Name:
Date:
5301 HOLLISTER, SUITE 190. HOUSTON, TEXAS 77040
PHONE: (713) 895-8080(l~081 . FAX: (713) 895-7686
Webslte: http:/www.rekhaengJ~om . E-mail: Jake1@pdq.net
AUG-02-2007 10:15 AM REHKA ENGINEERING 7138957686
1-.MrI.I 1"'\0.1;;; n. n '" E: 1'1 U 1 N E:. E:. t( I N \:i, I N (; .
..ftT CONSULTING CIVIL ENGINEERS AND LAND SURVEYORS
P.03
EXHIBIT "A"
2006 Hourlv Rates( for RE. INC. = REKHA Enaineerlna. Inc. ) 11-6-06
Principal $150.00/hr
Project Manager $125.00/hr
Surveyor (RPLS) $95.00/hr
Technician $75.00/hr
Secretary $45.00/hr
Survey Crew (2-Man Crew wI Data Coli + Total Slation) $ 120.00/hr
Survey Crew (3-Man Crew" " ") $145.00/hr
All Sid Phase and Construction Services are hourlv Def this schedule (SDecs. Quantltfes. coordlnatlonl
Reimbursable ExDenses and Handllna Charaes (REI) - see below list
Reproduction (Out of Office) ( cost + 15%)
Mileage $ O.SO/mile
Reproduction - In Office - computer plots(D size) 12.00 per plot
" " " (E size) 14.00 per plot
Blue Line and check plots for design 5.00 each
Mylars, Vellums and/or Sepia 15.00 each
Field Supplies - Survey lathes, hubs, iron rods, etc... $ 2.00 ea.
Delivery including handling in office 24.00 min. each
Out of Town Exoenses- Meal Cost per person per day $ 35.00/day
Airplane Flight, rent car, expenses from trip, REI, Motel, Hotel (Cost + 15%)
Items which are charqed hourlY oer this exhIbit & additional conditions of this aareement
a) Civil Engr. shop Drawing reviews (lift station, bridges, civil items, ete...) is hourly per this Ex. A
bl All Meetinas Outside of the REKHA Office shall be charaed hourly oer this exhibit. hourly + REI
c) State Sales Tax for boundary surveys and subdivision plats only - 8.25% of total fees + REI
d) In the event that payment is not made within 45 calendar days of the date of the invoice submitted per the proposal
agreement, referenced Client agrees fully to make full payment at the time the civil engineering and/or land surveying
product is ready for pickup at RE, Inc. office. (RE, Inc.= REKHA Engineering, Inc.). All meetings are port to port,
e)AIl Fees for application fees, building fee, subdivision plat fees, HL&P (Centerpoint or others) Plan fees ($50.00) and
any other municipal I public utility company fee shall be paid by the cUent directly plus other consultant fees (soils, etc...).
Plus City of Houston plat fees - recordation review fee - $ 200.00, Harris County plat review fee - $ 600.00.
fl Set Prooertv Comers after the survey Is comolete Is additIonal & charaed HourlY 4D 120/hr + calculations
gLClient to provide aU original lax certificates & updated title reports for all subdivision plat submittals for review &
recordation at their cost. REKHA can obtain all tax certificates for a hourly charge of a technician rates per this exhibit
plus REI.
h) On all updete surveys IIn the proposal ref: it will say Updatel. if additional improvements are found compared to
the previous survey completed, surveying and eadding the additional improvements shall be charged hourly per this
exhibit plus the original survey update tee plus reimbursable expenses and sale tax.
I) If this proposal Is not executed after 10 work days of the date of the proposaf, this proposal is void unless RE, Inc.
approves an extension. If this proposal is executed for a project and the phases start 3 months after the date of the
previous phase ends, this proposal Is void unless re-executed or extension Is granted by RE, Inc..
k) Subdivision Plat - Variance RequMt and/or Public Hearing to a Plat- if a Variance and/or Public Hearing for a
subdivision plat is required before or after submittal, there is a $ 500.00 charae additional to the original engineering fee
per item plus reimbursable per this exhibit to the original proposal plat fee to prepare. submit and coordinate this
submittal for a variance and hopefully approval.
L) Client indemnifies RE, Inc. and limits the amount of liability to REKHA Engineering, Inc. for any and all civil
engineering 8. land surveying services performed for the referenced client to twice the amount of the engineering &Jor
survey fee being charged per project as described on the cover sheet of this proposal.
M) All original civil engineering documents, land surveys, exhibits, electronic files and all other items prepared by RE, Inc.
for clients on each approved proposals is copy right and the sote ownership of property of REKHA Engineering, Ine.. If
clients desires to obtain a copy bf the electronic file of a drawing, there will be a cha~e of $ 500.00 per sheet. payment
prior to release, beyond/he original tee of the proposal plus a release noting copyright will need to be executed prior to
releasing the file.
N) Classification of completJon of projects and Invoicing are as follows: a) 50% Is Preliminary Engineering. b) 90% is
Final Engineering and submittals to agencies - 100% is approvals from agencies for civil engineering. Agency comments
being 3 month aftI5r8f'~~rH~t~~~ fg(f~~s~~8'! ~'i!3U~'t5~, ~~S 77040
PHONE: (713) 895-8080/8081 . FAX: (713) 895-7686
Website: http:/www.rekhaeng.com . E-mail: Jake1@pdq.net
AUG-02-2007 10:16 AM REHKA ENGINEERING 713895~686.
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~ CONSULTING CIVIL ENGINEERS AND LAND SURVEYORS
P.04
Page 2
0) Note that others will provide a title report with all backup documents plus adjoiner deeds showing the boundary of the
tract and REI shall not be responsible for any and all abstracting Including adjoinsr deeds for the referenced project.
Additional updates with new title reports after this survey is issued and attomey comments shall be additional and shall
be charged hourly as per Exhibit "A".
P) Note that this proposal for professional services do not include diligence investigations for utility service and
connection points for all utilities, platting, approvals, and other Items out of the scope of services of the above described
proposed services. The land owner / developer is responsible for all diligenses for any and all tracts of land they are
planning to purchase / lease unless they specifically request REKHA (REI) to perform those services.
".,.-.
5301 HOLLISTER, SUITE 190. HOUSTON, TEXAS 77040
PHONE: (713) 895-8080/8081 . FAX: (713) 895-7686
Webslte: http:/www.rekhaeng.&m . E-mail: Jake1@pdq.net