R2008-132 2008-10-06 City HallRESOLUTION NO. R2008-132
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING A CONTRACT FOR ENGINEERING SERVICES
ASSOCIATED WITH THE CITY HALL/COMMUNITY CENTER/LIBRARY
RENOVATION PROJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for engineering services associated with the City
Hall/Community Center/Library Renovation 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 the attached contract for engineering services.
PASSED, APPROVED and ADOPTED this the 6th day of c o r, A.D., 2008.
TOM REID
MAYOR
ATTEST:
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APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution No. R2008-132
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into on October 7, 2008 by and between the City of Pearland ("CITY") and
Johnston, LLC ("CONSULTANT").
The CITY engages the CONSULTANT to perform professional services for a project known and
described as City Hall, Community Center, and Library Restoration ("PROJECT"). (Project # HRIKE)
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 perform the Architectural and Engineering services describe in
the attached proposal. 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 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 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 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 CONSULTANT, its agents,
employees or subcontractors under this Agreement, as follows:
Design 1 of 5 14. Revised 7/25/08
(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.
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.
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 June 30, 2009.
Design 2 of 5 14. Revised 7/25/08
SECTION III -CONSULTANT'S COMPENSATION
A. The method of payment for this CONTRACT is hourly not-to-exceed. Total
compensation for the services performed shall not exceed $203,500.00.
B. The CITY shall pay the CONSULTANT in installments based upon monthly progress
reports and detailed invoices submitted by the CONSULTANT subject to the following
limitations:
Prior to approval of the preliminary design (30 % plans), payments to the
CONSULTANT shall not exceed 30% of the total CONTRACT amount.
2. Prior to approval of the final design documents, payments to the
CONSULTANTS shall not exceed 50% of the total CONTRACT amount. The
final approval and payment will be made within a reasonable period of time
regardless of the project construction schedule.
3. If the scope of work of this CONTRACT includes the preparation of studies,
design concepts, or other investigations, progress payments shall not exceed
NA% of the total CONTRACT amount prior to submittal of the final report
deliverables.
B. 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 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 CONSULTANT'S
work shall not relieve CONSULTANT'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
Design 3 of 5 14. Revised 7/25/08
certified mail at Johnston, LLC, 800 Wilcrest Drive, Suite 150, Houston, TX 77042.
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 CONSULTANT under the CONTRACT,
entirely or partially completed, together with all unused materials supplied by the CITY
on or before the 15~' 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.
Design 4 of 5 14. Revised 7/25/08
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 7th day of October, 2008.
CI OF PEARLAND, TEXAS
Bill Eisen, City Manager
CO S T
Design 5 of 5 14. Revised 7/25/08
Engineer s
Architects
Planner s
Manager s
October 7, 2008
Mr. Skipper Jones
City of Pearland
3519 Liberty Drive
Pearland, Texas 7758
Re: Architectural Engineering Proposal for the Restoration of the Pearland Ciry
Hall; Community Center; and Library following Hurricane Ike.
Dear Mr. Jones:
Johnston, LLC is pleased to submit our proposal to provide Professional
Architectural and Engineering Services associated with the above referenced
project.
PROJECT DESCRIPTION:
Hurricane Ike made landfall on the southeast Texas during the night of September
12`n The tropical storm winds ripped the single-pty membrane roof from the
majority of the roof of the Pearland Ciry Hall; approximately one fourth of the roof
of the Pearland Community Center; and damaged the roof of the City Library. This
roof damage resulted in various amounts of water damage to these three facilities.
On September 17`h a team from Johnston LLC was requested to inspect the storm
damage at the Ciry Hatl and at the Community Center. On September 22, 2008, a
second visit took place after the Ciry Hall had been remediated we were requested
to address the severity of the storm damage in an assessment report and
recommendations for restoration submitted to the City of Pearland on September
24, 2008.
Subsequently, we were requested to provide this proposal for Architectural ar~d
Engineering Services for these three buildings. This proposa- addresses a shortened
and minimized schedule and scope of work fora Bid Package that will be
advertised for sealed competitive bids under one package to cover all three of
these facilities.
JOHNSTON, LLC
800 Wilcrest Drive, Suite 150
Houston, Texas 77042
TEL 713.532.2466
FAX 713.532.900E
Johnston-Ilc.com
Mr. Skipper Jones
Ciry of Pearland
October 7, 2008
Page 2 of 4
SCOPE OF WORK:
Pre-Proposal Services
Johnston LLC will provide the following requested services for the Ciry of
Pearland as preliminary steps prior to the preparation of the construction
documents this restoration effort:
• Preparation of advertisement language.
Preparation of Construction Documents:
• Provide a set of As-built drawings of the facilities to current date. We will
review existing construction documents and do measurements and
quantity take offs in order to provide construction plans in AutoCad
2008.
• An abbreviated set of construction drawings..
• An abbreviated set of construction specifications.
• Provide a priority sequence for the phasing of the construction activities
for this project to correspond to the City's areas of priority of
construction completion.
1. Library.
2. First and Second Floor of Ciry Hall
3. Third Floor of City Hall
4. Community Center
Bid Activities:
• A comprehensive written description of the work to be performed by
the contractor.
• Prepare a Qualifications evaluation form and ranking scale for the
potential successful contractors submitting bids for this project.
• Provide aPre-Bid Meeting Agenda.
• Conduct aPre-Bid Meeting and facility walk-thru of each of the facilities.
JOHNSTON. LLC
800 Wilcrest Drive, Suite 150
Houston, Texas 77042
TEL 713.532.2466
FAX 713.532.9006
Johnston-Ilccom
Mr. Skipper Jones
City of Pearland
October 7, 2008
Page 3 of 4
• Attend the Bid Opening meeting
• Record the results of the bids.
• Review and Consult with the Owner to evaluate the bids
• Attend and participate in the interviews of the contractors if required
• Provide a letter of recommendation.
Construction Administration Activities:
• Provide aPre-Construction Meeting Agenda.
• Review and Approval of Contractor Submittals.
• Provide routine site visits during construction.
• Perform supplemental construction inspections if necessary.
• Review and approve Contractor pay applications.
• Provide a final letter recommending the City's acceptance of work
performed.
COMPENSATION AND PAYMENT
Johnston, LLC proposes its compensation to be on an hourly not-to-exceed basis
based on the Schedule oh Hourly Rates and Reimbursable Expenses Attachment
"A") for the services described above as follows:
Pre Proposal Services S 4,500
Preparation of.9s--Built Drawings/Quantity Take--Offs S` 23, 000
Preparation of Construction Documents ,S 7/, 000
Bidding~9cti~ities S J0,000
Construction.9dministration ~9cti~ities ,S 89,000
Estimated Project l?eimbursab/e Expenses .S 6, 000
Total. SZ03,500
JOHNSTON, LLC
800 Wilcrest Drive, Suite 150
Houston, Texas 77042
TEL 713.532.2466
FAX 713.532.9006
Johnston-Ilc.com
Mr. Skipper Jones
City of Pearland
October 7, 2008
Page 4 of 4
Additional engineering services out side the scope described above will be billed
hourly as described in the attached rate sheet.
We appreciate the opportunity to work with you and your staff on this project.
Respectfully Submitted,
Johnston, LLC
Joseph ' an" nston, P.E.
JOHNSTON, LLC
800 Wilcres[ Drive, Suite 1 50
Houston, Texas 77042
TEL 713.532.2466
FAX 713.532.9006
Johnston-Ilc.com
Attachment A"
JOHNSTON, LLC
Schedule ofHourly Rates
ITEM DESCRIPTION RATE
PRINCIPAL/ PM Principal 5210.00/ hr.
Program Manager S 168.00/hr.
ARCHITECTURE Sr. Architect $ 168.00/hr.
Sr. Planner $168.00/hr.
Project Architect S 140.00/hr.
Designer $1 12.00/hr.
ENGINEERING Project Engineer S 168.00/hr.
Engineering Designer S 1 15.00/hr.
CADD Operator S 100.00/hr.
CONSTRUCTION SERVICES Construction Administrator S 124.00/hr.
OFFICE Clerical /Secretarial $ 56.00/hr.
Reimbursable Expenses
ITEM DESCRIPTION RATE
REPRODUCTION (INSIDE) Plain Bond Copies (81/2x 1 1 ~ per page
Bond Plot (24x36) per sheet
Vellum / Mylar Plot per sheet 50.35
$7.00
S 14.00 / S 18.00
REPRODUCTION (OUTSIDE) Plain Bond Copies COSt + 10%
Blue Lines Cost + 10%
Bond Plot Cost + 10%
Vellum / Mylar Plot Cost + 10%
DELIVERY CHARGES Courier Service Cost + 10%
TELEPHONE Long Distance (Project related Cost + 10%
PARKING Project Related (by receipt) Cost + 10%
TRAVEL By Automobile
By Airplane (Economy
By Taxi, Bus or other Land Conveyance 50.585/mile
Cost+ 10%
Cost+ 10%
HOTEL & SUSTENANCE
(not to exceed S 120.00 per
person per day)
Cost+ 10%
RENTAL EQUIPMENT COSt + 10%
JOHNSTON, LLC
800 Wilcrest Drive, Suite 150
Houston, Texas 77042
TEL 713.532.2466
FAX 713.532.9006
Johnston-Ilccom
rI Engineers
Architects
Planners
Managers
JOHNSTON
October 14, 2008
Mr. Skipper Jones
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
Re: Architectural Engineering Proposal for the Restoration of the Pearland City
Hall;Community Center;and Library following Hurricane Ike.
• Dear Mr.Jones:
Johnston, LLC is pleased to submit our proposal to provide Professional
Architectural and Engineering Services associated with the above referenced
project.
PROJECT DESCRIPTION:
Hurricane Ike made landfall on the southeast Texas during the night of September
12th. The tropical storm winds ripped the single-ply membrane roof from the
majority of the roof of the Pearland City Hall; approximately one fourth of the roof
of the Pearland Community Center; and damaged the roof of the City Library. This
roof damage resulted in various amounts of water damage to these three facilities.
On September 17th a team from Johnston LLC was requested to inspect the storm
damage at the City Hall and at the Community Center. On September 22, 2008, a
second visit took place after the City Hall had been remediated we were requested
to address the severity of the storm damage in an assessment report and
recommendations for restoration submitted to the City of Pearland on September
24, 2008.
Subsequently, we were requested to provide this proposal for Architectural and
Engineering Services for these three buildings. This proposal addresses a shortened
and minimized schedule and scope of work for a Bid Package that will be
advertised for sealed competitive bids under one package to cover all three of
these facilities.
JOHNSTON, LLC
800 Wilcrest Drive, Suite 150
Houston, Texas 77042
TEL 713.532.2466
FAX 713.532.9006
johnston-Ilc.corn
Mr.Skipper Jones
City of Pearland
October 14, 2008
Page 2 of 4
SCOPE OF WORK:
Pre-Proposal Services :
Johnston LLC will provide the following requested services for the City of
Pearland as preliminary steps prior to the preparation of the construction
documents this restoration effort:
• Preparation of advertisement language.
Preparation of Construction Documents:
• Provide a set of As-built drawings of the facilities to current date. We will
review existing construction documents and do measurements and
quantity take offs in order to provide construction plans in AutoCad
2008.
• An abbreviated set of construction drawings..
• An abbreviated set of construction specifications.
• Provide a priority sequence for the phasing of the construction activities
for this project to correspond to the City's areas of priority of
construction completion.
1. Library.
2. First and Second Floor of City Hall
3. Third Floor of City Hall
4. Community Center
Bid Activities:
• A comprehensive written description of the work to be performed by
the contractor.
• Prepare a Qualifications evaluation form and ranking scale for the
potential successful contractors submitting bids for this project.
• Provide a Pre-Bid Meeting Agenda.
• Conduct a Pre-Bid Meeting and facility walk-thru of each of the facilities.
JOHNSTON, LLC
800 Wilcrest Drive, Suite 150
Houston, Texas 77042
TEL 713.532.2466
FAX 713.532.9006
johnston-Ilc.com
Mr.Skipper Jones
City of Pearland
October 14, 2008
Page 3 of 4
• Attend the Bid Opening meeting
• Record the results of the bids.
• Review and Consult with the Owner to evaluate the bids
• Attend and participate in the interviews of the contractors if required
• Provide a letter of recommendation.
Construction Administration Activities:
• Provide a Pre-Construction Meeting Agenda.
• Review and Approval of Contractor Submittals.
• Provide routine site visits during construction.
• Perform supplemental construction inspections if necessary.
• Review and approve Contractor pay applications.
• Provide a final letter recommending the City's acceptance of work
performed.
COMPENSATION AND PAYMENT:
Johnston, LLC proposes its compensation to be on an hourly not-to-exceed basis
based on the Schedule oh Hourly Rates and Reimbursable Expenses (Attachment
"A") for the services described above as follows:
Pre Proposa/Services $ 4,500
Preparation ofAs Bui/tDrawings/Quantity Take QiTs $ 23,000
Preparation of Construction Documents $ 71,000
Bidding Act ties $ 10,000
Construction AdministrationActivibes $ 89,000
Estimated Project Reimbursable Expenses $ 6,000
Total $20.3,500
JOHNSTON, LLC
800 Wilcrest Drive, Suite 1 50
Houston, Texas 77042
TEL 713.532.2466
FAX 713.532.900E
johnston-Ilc.com
Mr.Skipper Jones
City of Pearland
October 14, 2008
Page 4 of 4
Additional engineering services out side the scope described above will be billed
hourly as described in the attached rate sheet.
We appreciate the opportunity to work with you and your staff on this project.
Respectfully Submitted,
Johnston, LLC
Joseph "Alan"John , P.E.
JOHNSTON, LLC
800 Wilcrest Drive, Suite 150
Houston, Texas 77042
TEL 713.532.2466
FAX 713.532.9006
johnston-Ilc.corn