R2008-095 2008-07-14RESOLUTION NO. R2008-95
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 PLAN REVIEW SERVICES.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for plan review services, 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 plan review services.
PASSED, APPROVED and ADOPTED this the 14t`' day ly, A. D., 2008.
TOM REID
MAYOR
ATTEST
- c. AK~q~~O..;.
~... ~ ,-
X
Y UNG G, MC !~ ~__
Y SE ETARY '" ~" .~
APPROVED AS TO FORM:
~~
DARRIN M. COK R
CITY ATTORNEY
Exhibit "A"
Resolution 2008-95 08-141
Plan Review Services (Mikavla Architects)
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:
Description of Services
Maximum Contract Amount:
Contract Begins:
Contract Ends:
Attachments:
Michael Herman, Mikayla Architects
As set forth in the Scope of Service, attached hereto
as Exhibit "A"
75% of the plan review fee collected by the City of
Pearland
Upon Execution
September 30, 2009
Scope of Services /Proposal
2. Services and Payment. The Consultant will furnish Services to the City in
accordance with the terms and conditions specifiCed in this Contract. Payment for the
services shall be`ir~ `~'~ 1,=. ~'~ }-111. (~\c~_I7 IP_v. ~~.•: `C~ Lc\\r~~<cA ~-j }ii~.~ (~
'~ ~--~
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. Assicgnment. 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.
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 14th day of July 2008.
CONSULTANT CITY OF PEARLAND
By: By:
Printed Name: ~ c. u- c 2TV~-O~--- Bill Eisen
Title: O w .~. 2 ~ City Manager
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
[3. Compensation:
Fees for services described in Section A.
75'% of the plan review fee collected by the City of Pearland.
Mikavla Architects
n~Lcl~aeL r-terw~.av~, zi/is/o6
Michael Herman Date
,,,/I l ~ _ q o ~o
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
4