R2008-143 2008-11-10RESOLUTION NO. R2008-143
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING A CONTRACT FOR ARCHITECTURAL SERVICES
ASSOCIATED WITH FIRESTATION NUMBER 5.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for architectural services associated with Fire
Station No.5, 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 architectural services.
PASSED, APPROVED and ADOPTED this the 10'h day of ouember, A.D., 2008.
TOM REID
MAYOR
ATTEST:
Y NG MC
I Y S ETARY
APPROVED AS TO FORM:
~~_
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution No. R2008-143
HBL
A R C Fi i T F. C T S
OCtObel' 6. ~O~)8
Trent Epperson. Project Director
Cite of Pearland
;519 Liberty Dr.
Pearland_ TX 77581
Re: Proposal for Pre-Design and Architectural & Engineering Services -
Ne~~ Fire Station #S, Kirby Drive, Pearland, Texas
Trent, HBL architects is pleased to present this proposal for Pre-Design and Architectural c&
En~~ineering services for the new Pearland Fire Station #5 to be constructed on the Kirby Water Plant
and Tire Station #5 site on Kirby Drive in Pearland. Texas.
For the purpose of this proposal. HBL Architects will be identified as HBLA and The City of Pearland
as The City.
A. SCOPE OF SERVICF_.S
1. Pre-Design Services
HBLA will conduct an initial mewing with The City to establish overall goals for the project
including function, image, cost, etc.. set strategies for the Pre-Design process. and confirm
milestone dates. Additional meetings with The City. Fire and EMS Department personnel. and
other groups will be scheduled as required.
Following these meetings Pre-Design Services will involve one phase: Programming.
a. Programming
S 1 O,OI)0.011
This step will contil-~~~ the detailed space requirements for the new building and
site development. HBLA will conduct an on-site work session involving
representatives of The City and each department that will utilize the facility.
HBLA will review the program information with The City and the appropriate
Department Staff and document it in a tinal Building Program. HBLA will
prepare a proposed adjacencies diagram for the building spaces and site elements
and a preliminary site plan to indicate site development and building
placement/orientation. HBLA will present a Statement of Probable Construction
Costs for the proposed project.
In addition. 1 IBLA will provide the following:
• Create a comprehensive Site Plan in accordance with the Unified Development
Code (UDC ). including site utilities. facilities and drainage planning..
• Create a Program of Spaces for building interior. including: basic intormation
such as sizes, space requirements. workflows, activities and special uses.
HALL BARNUM LUCCHESI ARCHITECTS
3701 Kirby Drive Suite 1166 Houston, Texas 77098-3916 713 621 7581 713 623 8258 Fax www.hbl-architects.com
• Facilitate meetings with City staff as needed to develop basic components
and traffic planning of building program, including City"s standard
building systems, equipment and materials.
• Conduct Traffic Impact Analysis (TIA) (if required), review TIA report
and alert the City of any issues found. Coordinate with civil engineer as
related to the design.
• Attel1d COOCCflnatlon IlleetingS Wlth Clty Staff a17d a17V pertlllent extel'llal
agencies (County. State and Federal) as required to determine and gain
approvals from all pertinent entities.
• Provide a schematic cost estimate and conceptual project schedule, and
• Prepare and submit three (3) sets of site plan program of spaces and
adjacencies layout for review and approval.
2. Architectural & F,n~ineering Services
HB[.,A will provide complete design and contract administration services for the
new site development and building. "I~he following are the phases of
architectural/engineering design services and their relative percentage of the total
tee:
a. Schematic Uesi„;n Phase ~ 32,1-15.00
HBLA will develop a schematic design. including diagrammatic site and
floor plans. building exterior elevations. building sections. and an estimate
of construction cost of the proposed design. Upon approval of the
Schematic Design. HBLA will then proceed to the Design Developl~~ent
Phase.
In addition, HBLA will provide the following:
• Facilitate meetings with City staff to review building square footage,
required utilities. drainage, zoning and traffic needs to develop Schematic
Design Documents,
• Obtain and review applicable City standards and guidelines for design
(Design Criteria Manual. Unified Development Code) and provide design
that meets City codes,
• Attend Pre-Development 11~eeting and address points of clarification
regarding the project,
• Obtain a Geotechnical Report which recommends building foundations
and paving design. Review, report and alert City of any issues found.
Coordinate structural and civil engineer as related to the design,
• Prepare and submit three (3) sets of Schematic Design Documents,
Preliminary Specifications, Schematic cost estimate and schedule to the
City staff for review and approval (30% plan review). Components to
include:
o Site plans, paving layouts, traffic circulation
o Floor plans, building circulation
o Exterior elevations. schematic rendering and color palette
o Critical building sections and details
o Relevant right of wav information such as. easements. building set-
3701 Kirby Drive Suite 1166 Houston, Texas 77098-3916 713 621 7581 713 623 8258 Fax www.hbl-architects.com
backs, etc.
o Location of utilities and sizes.
• After receiving sci~ematic design comments, meet with:
o Planning Department. Building officials and Fire Marshal to
review project requirements.
o City Engineer and Brazoria Drainage District 4 (BDD~) to review
project drainage, and
o Public Works to review utilities.
• Respond in writing to all City comments on plans, and
• Coordinate with private utilities and service providers.
b. Design Development Phase ~ ~32,86UA0
Based on the approved Schematic Design Documents and any adjustments
authorized by The City in the building program or construction budget.
HBLA will prepare. for approval by The City. Design Development
Documents consisting of drawings. outline specifications. and other
documents to fix and describe the size and character of the Project as to
architectural_ structural. materials and al~y other elements as may be
appropriate. I IBLA will present an updated estimate of construction cost
of the proposed project.
In addition. HBLA will provide the following:
Facilitate meetings with City staff to develop Design Development
Doctments.
Prepare and submit three (~) sets of Design Development Documents
including Outline Specifications, Cost Estimate and Schedule to the City
staff for review and approval (60% plan review) Components include:
o Site plans. paving layouts. traffic circulations, lighting, signage and
utilities.
o Floor plans. Structural, Civil. Architectural, Storm Water Pollution
Prevention Plan (SWPPP). MEP. Fire Protection and landscaping.
o Exterior elevations, preliminary rendering and color palette.
o Building sections and details.
o Interior elevations, casework and millwork elevations.
o Drainage Study and calculations, and
o Report addressing all City"s Design Criteria and Code
requu•ements.
Respond in writing to all City comments on plans, and
Coordinate final utility plans.
Construction Documents Phase ~ 7S,OOS.UO
Based on the approved Design Development Documents and any tin•ther
adjustments in the scope or quality of the Project or in the construction
budget authorized by The City, HBLA shall prepare. for approval by The
City. Construction Documents consisting of Drawings and Specifications
setting forth in detail the requirements for the construction of the Project.
HBLA shall advise The City of any adjustments to previous preliminary
3701 Kirby Drive Suite 1166 Houston, Texas 77098-3916 713 621 7581 713 623 8258 Fax www.hbl-architects.com
estimates of construction cost indicated by changes in requirements or
general market conditions.
HBLA shall assist The City in connection with The Citv's responsibility
for tiling documents required for the approval of governmental authorities
having jurisdiction over the Project.
In addition. HBLA will provide the following:
• Prepare complete Construction Documents and Specifications and submit
three (3) sets to City statt~ for Code and general review and approval (90%
plan review).
• Attend follow-up meetings with Fire Marshal. BDD4. City Engineer.
Planning and Chief Building Official (CBO).
o Obtain BDD~"s approval and signahu~e of plans,
• Complete final coordination with private utilities and service providers.
• Prepare and subunit three (3) complete sets of Construction Documents,
including 90`% written responses. Specifications and Architect's Cost
Estimate and schedule to:
o Projects Department for review and approval (100% plan review).
o Community Development for formal Plan Review for Permit.
• Submit plans to Texas Department of Licensing and Regulations (TDLR)
or Registered Accessibility Specialist (RAS) for accessibility review.
• Correct plans to retlect issues noted by Review for Permit, and
• Acquire signature of City F_,ngineer and CBO.
d. Biddin~gotiation Phase ([ burly-not-to-exceed) $ 10,715.00
HBLA, following The City's approval of the Construction Documents and
of the latest updated estimate of construction cost, will work with "The City
in obtaining bids or sealed competitive proposals. and will assist The City
in awarding and reviewing contracts for construction.
I11 addition. HBLA will provide the following:
• Provide Notice to Bidders (NCB) to the Project Manager (City is
responsible for advertising),
• Reproduce and disseminate bid sets to Dodge, AGC ABC Amtek and
two (2) set to the City ~ PM (1). Purchasing (I) and interested bidders],
• Distribute (including the sale ot) plans to interested bidders
o Keep record of plan holder's list.
• Chair pre-bid meeting and attend the Bid Opening,
• Respond in writing to questions from bidders and prepare addenda as
necessary.
• Assist with design of Bid Pl•oposal.
• Prepare Architect"s Recommendation of Award Letter that includes the
following:
o Check for math errors and reconcile any mathematical
discrepancies,
o Review fbr unbalanced bid items.
3701 Kirby Drive Suite 1166 Houston, Texas 77098-3916 713 621 7581 713 623 8258 Fax www.hbl-architects.com
o Certified Bid Tabulation including Engineer"s estunate"
o Review ofcontractor"s financial standing and 1•eferences provided.
o Explanation of discrepancies between the Architect"s estimate and
bids.
o Keconunendation to award.
• Attend City Council meeting and reconu»endation for award of Contract
for Construction" and
• Produce and transmit to selected contractor five (5) sets of project manuals
ready for execution with City"s Notice of Intent to Award (NOI).
e. Construction Administration Phase (!-Iourly-not-to-exceed) $ ~t2,860.00
HBLA shall provide administration of the Contract for Construction as set
forth in AIA Document B 14l . Slur~clurc! F~~rm of ~Agrec~men/ l3ehrcrc»
(hrrtc~r unclArchilc~rt" current as of the date of this Agreement.
HBLA"s responsibilih~ to provide Basic Services for the Construction
Phase under this Agreement commences with the award of the Contract
for Construction and terminates at the earlier ofthe issuance to The City
of the final Certificate for Payment or 60 days alter the date of Substantial
Completion of the Work.
In addition" HBLA will provide the following:
• Facilitate Pre-Construction meeting and conduct regular bi-monthly
construction progress meetings.
• Provide Construction Administration:
o Review" log and approve submittals, shop drawings" Request for
Information, etc..
o Review Construction Materials Testing reports"
o Review and approve applications for payment,
o Coordinate with Construction Manager or Project Manager on all
Request for Change P1•oposals, Change Orders_ etc.. including
maintaining a log of all such documents.
o Provide direction for questions and concerns from the contractor
and Construction/Project Manager in resolution of problems.
Provide Field Services for entire construction period:
o HBLA's Construction Administrator to conduct a site visit a
minimum of one (1) time per week" includin~~ observation of
structural concrete placement, underground piping installation and
inspections, mechanical/electrical/plumbing cover-up. masonry
installation. ceiling cover-ups, etc.,
o Provide site visit report to Project Manager weekly. and
Conduct Substantial Completion Inspection. coordinate with Construction
Manager/Project Manager to create punch list. substantiate that items
noted are completed, and issue Substantial Completion Certificate.
Project Close-out Phase (Hourly-not-to-exceed) $ 10,715.00
HBLA shall provide administration of the Warranty provided by the
General Contractor" including issuance of Warranty Reports and review of
3701 Kirby Drive Suite 1166 Houston, Texas 77098-3916 713 621 7581 7l3 623 8258 Fax www.hbl-architects.com
close-out documents.
In addition, HBLA will provide the following:
• Provide Warranty Administration Services during the entire Warranty
Period. HBLA will issue Warranty Reports and review items after the
Contractor has notified the City that these items are complete,
• Provide support services as needed during the project close-out process.
• Obtain and review close-out submittal ti-om the Contractor for
completeness before transmitting to the City which include but are not
limited to:
o Contractor's red lines and as-built notes,
o Warranty information.
o Material Safety Data Sheet (MSDS).
o Operating Manuals.
o Start-up and testing reports.
o As-built record drawings in digital and hard copy format. al~d
• Issue Final Completion and Acceptance letter to the City recommending
acceptance.
I3
C
ADDI"1`IONAL SERVICES
Additional services shall include any work that is requested by The City beyond the
scope of this proposal. Additional services will require The City's written authorization
and shall be billed at hourly rates as discussed in Section D. COMPENSATION.
CONSULTANT SERVICES
The following Consultant Services are included in the Proposal and their approximate
fees are indicated. In addition to the Consultant Services shown below Structural
Engineering (including Windstorm Certification) and MechanicaVElectrical/Plumbing
Engineering Services are included in the Proposal and the fees for those services are
included in A? Architectural & Engineering Services in Section D. COMPENSA"T'ION.
No other consultant services are included in this proposal. Should any other consultant
services, such as Land Surveying services for the preparation of a Topographic and
Boundary Survey. Materials Testing consultant services, or "frattic/Civil Engineering
services for design of roadway or right-of-way improvements. be required and approved
in writing, such services will be billed as Additional Services as described in Section D.
COMPENSA"LION.
Geo-technical Engineering ~ 2,800.00
Civil Engineering (including Utility Coordination) $27,500.00
Landscape Architecture $ 7,500.00
Cost Estimating ~ 3,300.00
Traffic Engineering (tor a Traffic Impact Analysis Report only) $ 2,500.00
3701 Kirby Drive Suite 1166 Houston, Texas 77098-3916 713 621 7581 7l3 623 8258 Fax www.hbl-architects.com
Fees for services described in Section A & C (Scope of Services & Consultant Services)
will be billed monthly by percentage of a~mpletion of each phase as follows:
A.la. ProaramminQ
A.2 Architectural & [:ngineering Services:
$ 10,1)00.00
~ 170,7011.110
C. Consultant Services: $ -13,600.00
F.. IZcimbw•sahle T~.xpcnscs '~ x,01111 I)0
Total Fecs/Expenses:
E.
F
$229,300.00
Fees for services described in Sectiol~ A & C (Scope of Services R. Consultant Services)
are based on the following project parameters: Site Development for public and
private parking, circulation, utilities, paving and drainage, and landscaping; a
single stor}~ Fire Station of approximately 9,5110 square feet and mezzanine
mechanical/storage area of approximately 1,000 square feet; the cost of the work is
anticipated to be approximately X2,133,753. This estimated cost of the work does
not include furniture, landscaping and irrigation, and an emergency generator, all
of which is estimated to cost an additional $175,000. The Cost of the Work shall be
the total cost or. to the extent the project is not completed. the estimated cost to The City
of all elements of the Project designed uric! specified by HBLA. Thc~ ('~~.~~~ nf~Ihe Work
.~~hull hc~ u~~/n•~~rc~d In~ Thc~ Ci~~~. Significant changes to the project paral~~eters may result
in the negotiation of changes to compensation. at the beginning of a phase only.
Billing rates for additional services are as follows:
Partners
Project Manager
Project Architects
Professional Staff
Secretarial Staff
additional Consultants
REIMBURSAB[.,E EXPENSES
$150.00/hour
$1 10.00/hour
$1 10.00/hour
$ g~~.f~f)~hOLlt'
$ 60.00/hour
cost x 1.10 if paid by HB[.A
Reilt~bursable expenses, billed at cost x 1.10, will include all reproduction costs, mileage.
special mailings and deliveries. photographic materials and developing expense, long
distance phone calls, lazes and a professional rendering if requested. HBLA will assist
"I~he City in budgeting these expenses, along with other expenses which are The City's
responsibility. Reimbursable expenses shall not exceed 55,000.00 without The City's
written approval.
CITY'S RESPONSIBILITY
It is The City"s responsibility to provide electronic copies oi~ the drawings for the Kirby
3701 Kirby Drive Suite 1166 Houston, Texas 77098-3916 713 621 7581 713 623 8258 Fax www.hbl-architects.com
Water Plant and Transmission Line; Boundary. "Topographic and Utility Survey of the
Fire Station Site, including Kirby Drive Right-of-Wav (Auto CAD Iormat); Electronic
copies of Kirby Drive plans. including tutlu•e south bound lanes and all utilities within the
right-of-way.
We are excited about working with you. City Staff and the Fire and F,MS Departments as
together we plan for the new Pearland Fire Station #5. If this proposal meets with vour approval.
please sign and retw•n the original to our oftice. A copy is provided for your records.
Sincerely.
HF3L ARC HI'fECTS
_~~ ~at~
Ste hen /~. Lucchesi, AIA
P
Vice President
[p1]
The Te.C[LS L3nurcluJ~.~lrcl7iterurrul E.rumiitcr.c, 333 Gtrciclulr~/~~. ,Suite?-3~(l..~tr.titir~, Te.~-u.c -A'-01-39-1' l~~le~~hnne.il_'
3(J~-9000. l~u.c juri.ecliriiun nrcr iru/iricltruls liceaccd umler the Texu,~~ .~lrclrilcr~s Re,~rislruliru~ Lcnr, .Irliclc _'-1>.~I,
I 'TC'S.
3701 Kirby Drive Suite 1166 Houston, Texas 77098-3916 713 62l 7581 713 623 8258 Fax www.hbl-architects.com
Exhibit "A"
Resolution No. R2008-143
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into on November 1 1, ?008 . ?008 by and between the
City of Pearland ("CITY") and HALL BARNUM LUCCHESI ARCHITECTS
("CONSULTANT").
The CITY engages the CONSULTANT to perform Professional Engineering Services on the
CITY OF PEARLAND FIRE STATION #5 PRO,iECT. (Pro,ject # F20IOl).
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 engineering services in connection with the
DESIGN AND ARCHITECTURAL & ENGINEERING SERVICES FOR
THE NEW PEARLAND FIRES STATION #_5 ON KIRBY DRIVE. 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 PROTECT.
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 foi° 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 tiles 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 t11e 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 hlsurance with
minimum 111111tS of $1,000,000 for ln~ury or death of any one person,
$1.000,000 for each occurrence, and $ l ,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 front any claim, loss, damage, suit, and liability of every
kind for which CONSULTANT is legally liable, including all e~.penses 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.
-2-
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 - NERIOD OF SERVICE
This CONTRACT will be binding upon execution and end FEBRUARY, 2010.
SECTION III -CONSULTANT'S COMPENSATION
A. The method of payment for this CONTRACT is LUMP SUM. Total
compensation for the services performed shall be $ 229,300.00.
B. The CITY shall pay the CONSULTANT in installulents 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 tears 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 duestions and rendering of decisions pertaining thereto, to minimize
delay in the progress of the CONSULTANT'S work. The CITY will keep the
CONSULTANT advised concealing 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 certified mail at 3701 Kirby Dr., Suite 1166,
-,-
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 CONSULTANT under the
CONTRACT, entirely or partially completed, together with all unused materials
supplied by the CITY on or before the 1 _>"`~' 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 tee 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 iu law and/or eduity 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 t11is
CONTRACT. The prevailing party in the action s11a11 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 ofa 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.
-4-
SECTION VII -COVENANT AGAINST CONTINGENT FEES
The CONSULTANT affit•ms that he has not employed or retained any company or person. other
than a bona tide 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 tide employee, any tee. 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 tet•minate 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 ~ ~ ~~ day of ~oJ~~l~(pj~. ?008.
CIT OF P ARLAND. TEXAS
Bill Eisen, City Manager 11/18/08
:-~~~~
CONSULTANT ~
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