R2007-021 2007-02-12 RESOLUTION NO. R2007-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO CONTRACTS WITH WINNING WAY SERVICES, INC. AND
MIKAYLA ARCHITECTS FOR PLAN REVIEW SERVICES.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contracts by and between the City of Pearland and
Winning Way Services, Inc. and Mikayla Architects, copies of which are attached hereto as
Exhibits "A" and "B" and made a part hereof for all purposes, are 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 Winning Way Services, Inc. and Mikayla
Architects, for Plan Review Services.
PASSED, APPROVED and ADOPTED this the 12th day of February, A.D., 2007.
TOM REID
MAYOR
ATTEST:
i
UN `
TY 4.3 RETARY
APPROVED AS TO FORM:
a••- • Cre_DA RIN M. COKER
CITY ATTORNEY
R2007-21
File No. 07-0010
CONSULTANT CONTRACT
This Agreement is made between the City of Pearland ("City) and Michael
Herman (hereinafter"Consultant") as follows:
1. Summary of Contract Terms. The following information and referenced
documents shall be a part of this Contract:
Consultant: Michael Herman, Mikayla Architects
Description of Services: As set forth in the Scope of Service, attached hereto
as Exhibit "A"
Maximum Contract Amount: 75% of the plan review fee collected by the City of
Pearland
Contract Begins: Upon Execution
Contract Ends: September 30, 2007
Attachments: Scope of Services / Proposal
2. Services and Payment. The Consultant will furnish Services to the City in
accordance with the terms and conditions specified in this Contract. Payment for the
services shall be in
3. Term and Termination. This Contract term will begin upon execution of this
Contract by both parties. Any party may terminate this Contract at any time.provided
that the terminating party gives 30 days' advance notice to all other parties via certified
mail to their last known addresses. The City shall pay the Consultant for all services
rendered to the date of termination.
4. Indemnity. The Consultant shall indemnify, defend, and hold the City, their
officers, agents, and employees, harmless from any claim, loss, damage, suit, and
liability of every kind, including all expenses of litigation, court costs, and attorney's fees,
for injury to or death of any person, or for damage to any property, arising from or
caused by any act or omission of Consultant, its officers, employees, agents, or
subcontractors, in performing its obligations under this Contract.
5. Assignment. Consultant shall not assign this Contract without the prior written
consent of the City.
6. Modifications. The City may, without invalidating the Contract, 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 Consultant'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.
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7. 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.
8. 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 all parties.
9. Dispute resolution procedures. The Consultant and the 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.
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EXECUTED and EFFECTIVE this the 29 day of January , 2007.
CONSULTANT CITY OF PEARLAND
By: By:
Printed Name: Bill Eisen
Title: City Manager
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CONSULTANT CONTRACT
This Agreement is made between the City of Pearland ("City) and Winning Way
Services, Inc. (hereinafter"Consultant") as follows:
1. Summary of Contract Terms. The following information and referenced
documents shall be a part of this Contract:
Consultant: Winning Way Services, Inc
Description of Services: Commercial Building Plan Review Services
Plan Review Time Frame: The time frame to complete the reviews would be
as state in scope listed below.
Attached hereto as Exhibit "A"
Maximum Contract Amount: not specified
Contract Begins: Upon Execution
Contract Ends: September 30, 2007
Attachments: Scope of Services
Proposal from Winning Way Services, Inc. 01/25/2007
2. Services and Payment. The Consultant will furnish Services to the City in
accordance with the terms and conditions specified in this Contract.
The scope of work described will be performed for the following fee.
Plan Review— Fee
60% (per cent)
Adopted Plan Review Fee Schedule
City of Pearland
3. Term and Termination. This Contract term will begin upon execution of this
Contract by both parties. Any party may terminate this Contract at any time provided
that the terminating party gives 30 days' advance notice to all other parties via certified
mail to their last known addresses. The City shall pay the Consultant for all services
rendered to the date of termination. This contract will expire on September 30, 2007.
4. Indemnity. The Consultant shall indemnify, defend, and hold the City, their
officers, agents, and employees, harmless from any claim, loss, damage, suit, and
liability of every kind, including all expenses of litigation, court costs, and attorney's fees,
for injury to or death of any person, or for damage to any property, arising from or
caused by any act or omission of Consultant, its officers, employees, agents, or
subcontractors, in performing its obligations under this Contract.
5. Assignment. Consultant shall not assign this Contract without the prior written
consent of the City.
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6. Modifications. The City may, without invalidating the Contract, 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 Consultant'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.
7. 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.
8. 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 all parties.
9. Dispute resolution procedures. The Consultant and the 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.
EXECUTED and EFFECTIVE this the day of , 2007.
WINNING WAY SERVICES, INC CITY OF PEARLAND
By: By:
William T Winning III Bill Eisen
President City Manager
Modified 02-06-2007
WTW III
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SCOPE OF SERVICES
Proposal
A. Scope of Services
Mikayla Architects will provide Code Plan Reviews for projects located in the City
of Pearland. Construction documents will be reviewed for compliance with the
following codes:
International Building Code
International Plumbing Code
International Mechanical Code
International Fire Code
International Energy Conservation Code.
National Electrical Code
Small Projects (<10,000 sf): Review shall be completed within five working days
Large Projects (>10,000 sf):Review shall be completed within ten working days
Re-submittals:.Review shall be completed within 3 working days
B. Compensation:
Fees for services described in Section A.
75% of the plan review fee collected by the City of Pearland.
Mikayla Architects
Miahae6 Ft-el-wow
Michael Herman Date Date
Mikayla Architects submitted a plan review proposal to the City of Pearland in November 2006. Aubrey
Harbin,Permits Office Coordinator gave us verbal approval to begin reviewing plans for the City.
If additional information is needed,please let me know.
Michael Herman AIA 713 729 7550
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WINNING P.O. BOX 750953
AY HOUSTON,TEXAS 77275
SERVICES OFFICE 281-922-0700
PAGER 281-278-1833
TOLL FREE 1-866-922-7260
PLAN REVIEWS—INSPECTIONS E-MAIL bill aOwinninaway.net
BUILDING CODE—ACCESSIBILITY—ENERGY- FIRE
February 6,2007
City of Pearland
Community Development
3519 Liberty Dr.
Pearland, Texas 77581
Attn: Mr. Kola Olayiwola
Building Official
Regarding: Proposal-Plan Review Services
Plan Review Services for Commercial Buildings in the City of Pearland
Dear Mr. Olayiwola,
We are pleased to submit this proposal for Commercial Plan Review Services, in the City of Pearland as
directed by the Community Development Department,Building Official and reports for the project reviewed for
the City of Pearland. Winning Way Services, Inc. (hereinafter "Consultant") shall provide to The City of
Pearland—Community Development Department(hereinafter"Client") the services described below, under the
terms and qualifications described below, for the compensation described below.
SCOPE OF SERVICES:
The Consultant shall perform the following services: The Consultant will review construction documents for
project as determined by the Building Department at the City of Pearland as required to ensure compliance with
City of Pearland adopted Building Codes. All plans reviewed shall be examined to determine compliance for
Building,Mechanical,Electrical and Plumbing Code requirements in the City of Pearland, as well as city
ordinances pertaining to commercial construction.
The Consultant will prepare a written report identifying conditions observed to not be in substantial compliance
with the codes mentioned above, listing discrepancies, missing information, partial information, and non-
compliance to the code referenced. The time frame to complete the reviews would be within a time period of 7
to 15 business days, provided all documentation to complete the review is supplied to Winning Way Services,
Inc,by the Building Official at the City of Pearland.
Responsibility of Winning Way Services
Upon notification of plans to review,plans will be picked up within two working days of receipt.
Plan review will be on a mutually agreeable format.
•
City of Pearland
Community Development
Commercial Plan Review Services
January 19,2007
Page 2 of 4
Consultation will be provided for all plan reviews
City of Pearland Responsibility
It is the Responsibility of the City of Pearland,to provide to Winning Way Services,Inc,the following:
A copy of all current ordinances
The acceptable format for written evaluations
Examples of commercial plan reviews previously completed by the city
A list of required documents to be submitted returned upon completion of the plan review.
The completion of the code reviews will be as mutually agreed by all parties and will be dependent on
submission of 100% plan sets with specifications, including all civil, geotechnical, fire alarm systems,
automatic sprinkler systems, fire suppression, life safety and addenda as issued by the design professionals.
COMPENSATION:
The scope of work described above will be performed for the following fee, subject to the terms and
qualifications of this proposal:
Plan Review—Fee 60% (per cent)
Adopted Plan Review Fee Schedule
City of Pearland
TERMS AND QUALIFICATIONS:
Receipt of a fully executed copy of this proposal will be sufficient for initiating the work, provided all required
plans and related documents are submitted. A signature block has been provided for the purpose of accepting
this proposal in its entirety. This proposal becomes the agreement between us.
Invoicing will be submitted on or about the 1st and 15th of each month corresponding to the portion of work
completed. All invoices will be due upon receipt. Timely payment of invoices is critical for the successful
completion of the work. The Consultant reserves the right to stop all work should invoices not be paid timely.
Invoices, which are unpaid after 10 days from the invoice date, are subject to an interest charge on professional
services not to exceed the maximum non-usurious interest rate plus attorney's fees and collection expenses.
Any and all information, reports, drawings, specifications and other documents, including those in electronic
form, that have been developed by the Consultant and the Consultant's consultants are Instruments of Service
for use solely with this project. The Consultant and the Consultant's consultants shall be deemed the authors
and owners of their respective Instruments of Service and shall retain all common law, statutory and other
reserved rights, including copyrights. Unless final payment has been received for all work performed, use of
' City of Pearland
Community Development
Commercial Plan Review Services
January 19,2007
Page 3 of 4
any portion of the work for any purpose is expressly prohibited unless written permission has been received
from the Consultant.
The Client acknowledges that the requirements of the various codes used in the review of this project will be
subject to various and possibly contradictory interpretations. The Consultant, therefore, will use his reasonable
professional efforts and judgment to interpret the applicable requirements of such codes as they apply to the
project. The Consultant, however, cannot and does not warrant or guarantee that the Client's project will
comply with all interpretations of the requirements of such codes and / or the requirements of other federal,
state and local laws,rules, codes, ordinances, and regulations as they apply to the project.
The Client acknowledges that the Consultant's scope of work does not include any services related to the
presence of hazardous or toxic materials.
The only warranty or guarantee made by the Consultant in connection with the services requested or performed
herein is that the Consultant will use that degree of care and skill ordinarily exercised under similar conditions
by average members of our profession practicing in the same or similar locality. No other warranty, expressed
or implied,is made or intended by this proposal.
The Client shall be solely responsible for the accuracy and sufficiency of all documents submitted to the
Consultant for use on this project including but not limited to the construction documents, specifications, as-
built drawings, surveys, soils reports, cut sheets, etc.
The Consultant shall have no liability whatsoever to any third party including consultants retained by the Client,
contractors, subcontractors, surety companies, etc.
The Client shall keep the Consultant apprised of all project information.
The Consultant shall have no liability for torts committed by a third party.
In the event of disputes, both parties agree to arbitration, which shall take place in Houston, Texas under the
auspices of The American Arbitration Association.
The Client acknowledges that he has had the opportunity to consult an attorney regarding the contents of this
proposal.
The provisions of this agreement are not to be construed more strictly against the Consultant that drafted this
proposal than the Client.
Either party may terminate this agreement for any reason upon five (5) days written notice. The Consultant shall
be paid for any and all work to date of termination
City of Pearland
Community Development
Commercial Plan Review Services
January 19,2007
Page 4 of 4
In executing and entering into this agreement, neither the Client nor his attorney has relied on any statement or
representation pertaining to this agreement (outside this written agreement) made by the Consultant or anyone
representing the Consultant.
This proposal contains the entire agreement between the Consultant and the Client and both the Consultant and
the Client acknowledge that they have carefully read the contents and understand their meaning and effect.
This agreement is made in Harris County, Texas and construed and interpreted in Texas law.
This proposal does not include the securing of any approvals and permits or any fees associated with City /
County approvals and permits.
This proposal is valid for fourteen (14) days. If not accepted within fourteen days, the Consultant reserves the
right to modify this proposal.
The Client agrees that the Consultant's whole liability for services performed on behalf of the Client will be
limited to a sum not to exceed the Consultant's fee.
I have assembled this proposal based on my understanding of your specific needs. I am extremely interested in
working with you at the City of Pearland and look forward to hearing back from you.
Respectfully,
William T.Winning III—CBO
WINNING WAY SERVICES,INC.
Cc: File
ACCEPTANCE:
This proposal is accepted and agreed to by City of Pearland, subject to the terms and qualifications contained
herein.
Signature Date
Name Witness
City of Pearland
Community Development
Commercial Plan Review Services
January 19,2007
Page 5 of 4
Title
Revised 02-06-2007—WTW III
SCOPE OF SERVICES
The Consultant shall perform the following services: The Consultant will review
construction documents for project as determined by the Building Department at the
City of Pearland as required to ensure compliance with City of Pearland adopted
Building Codes. All plans reviewed shall be examined to determine compliance for
Building, Mechanical, Electrical and Plumbing Code requirements in the City of
Pearland, as well as city ordinances pertaining to commercial construction.
The Consultant will prepare a written report identifying conditions observed to not be in
substantial compliance with the codes mentioned above, listing discrepancies, missing
information, partial information, and non-compliance to the code referenced.
Responsibility of Winning Way Services
Upon notification of plans to review, plans will be picked up within two working days of
receipt.
Plan review will be on a mutually agreeable format.
Consultation will be provided for all plan reviews
Plan Review Time Frame: The time frame to complete the reviews would be within a
time period of 7 to 15 business days, provided all documentation to complete the review
is supplied to Winning Way Services, Inc, by the Building Official at the City of Pearland.
City of Pearland Responsibility
It is the Responsibility of the City of Pearland, to provide to Winning Way Services, Inc,
the following:
A copy of all current ordinances
The acceptable format for written evaluations
Examples of commercial plan reviews previously completed by the city
A list of required documents to be submitted returned upon completion of the plan
review.
The completion of the code reviews will be as mutually agreed by all parties and will be
dependent on submission of 100% plan sets with specifications, including all civil,
geotechnical, fire alarm systems, automatic sprinkler systems, fire suppression, life
safety and addenda as issued by the design professionals.
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