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HomeMy WebLinkAboutR2010-023 2010-02-22RESOLUTION NO. R2010-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ARCHITECTURAL SERVICES AGREEMENT ASSOCIATED WITH THE EXISTING PD FACILITY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain architectural services agreement by and between the City of Pearland and HBL Architects, 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 an architectural services agreement with HBL Architects. PASSED, APPROVED and ADOPTED this the 22nd day of February, A.D.„ 2010. TOM REID MAYOR ATTEST: NG L SE ETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Exhibit "A" Resolution No. R2010-23 CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into on February 23, , 2010 by and between the City of Pearland ("CITY") and HALL BARNUM LUCCHESI ARCHITECTS ("CONSULTANT"). The CITY engages the CONSULTANT to perform Professional Architectural Services on the CITY OF PEARLAND Police Department Renovations and Additions. (Project # FA0905). 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 in connection with the DESIGN OF THE OLD POLICE DEPARTMENT RENOVATIONS AND ADDITIONS, 2073 VETERANS DRIVE, PEARLAND, TEXAS. 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: (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, $L000.000 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. -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 - PERIOD OF SERVICE This CONTRACT will be binding upon execution and end upon completion of the construction related work not to exceed 7 months after execution of this contract. SECTION III - CONSULTANT'S COMPENSATION A. The method of payment for this CONTRACT is LUMP SUM. Total compensation for the services perfonned shall be $ 148,750.00. 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 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 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, 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 I5',' 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. -4- 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 day of , 2010. CITY ( F'PEARLAND, TEXAS CONSULTANT �,1 Exhibit "A°" Resolution No. R2010-23 February 11, 2010 Trent Epperson, Project Director City of Pearland 3519 Liberty Dr, Pearland, TX 77581 Re: Proposal for Pre -Design and Architectural & Engineering Services COMMUNITY DEVELOPMENT RELOCATION which includes Old PD Renovations. 2073 Veterans Dr., Pearland, Texas Trent, HBL Architects is pleased to present this proposal for Architectural & Engineering services for the COMMUNITY DEVELOPMENT RELOCATION to be located at the referenced address in Pearland, Texas. The scope includes limited site development not including parking expansion but including landscaping at the front of the building; renovation of the existing single story Old Public Safety Building of approximately 18,000 square feet and at a cost of the work anticipated to be approximately S1,500,000. For the purpose of this proposal, HBL Architects will be identified as HBLA and The City of Pearland as The City. A. SCOPE OF SERVICES 1. Pre -Design Services (Completed) $ 0.00 HBLA, along with The City, have established overall goals for the project in a Feasibility Study dated November 16, 2009. 2. Architectural & Engineering Services $138,750.00 HBLA will provide complete design and contract administration services for the renovations of the building. The following are the phases of architectural/engineering design services and their relative percentage of the total fee: a. Schematic Design/Design Development Phase $ 48,562.00 Based on the programs and information contained in the Feasibility Study, 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 any other elements as may be appropriate. HBLA will present an estimate of construction cost of the proposed project. In addition, HBLA will provide the following: Attend Pre -Development meeting and address points of clarification regarding the project Obtain and review applicable City standards and guidelines for design (Design Criteria Manual, Unified Development Code) and provide design that meets City codes. Facilitate meetings with City staff to develop the final department layouts, Prepare and submit three (3) 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: Floor plans, Structural, Architectural, MEP, Fire Protection and landscaping. Exterior elevations, preliminary rendering and color palette, Building sections and details, if required, Interior elevations, casework and millwork elevations, Respond in writing to all City comments on plans. b. Construction Documents Phase $ 48,562.00 Based on the approved Design Development Documents and any further 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 estimates of construction cost indicated by changes in requirements or general market conditions. HBLA shall assist The City in connection with The City's responsibility for filing 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 staff for Code and general review and approval (90% plan review), Attend follow-up meetings with Fire Marshal, City Engineer, Planning and Chief Building Official (CBO), Submitting for permit shall include submitting sets of Construction Documents, including revisions made as a result of 90% review, as required for: Community Development for formal Plan Review for Permit, Correct plans to reflect issues noted by Review for Permit, and Acquire signature of City Engineer and CBO. Submit plans to Texas Department of Licensing and Regulations (TDLR) or Registered Accessibility Specialist (RAS) for accessibility review and revise plans if required for review comments. Submit plans for Energy Code Review and revise plans if required for review comments. c. Bidding/Negotiation Phase $ 6938.00 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. In addition, HBLA will provide the following: Provide Notice to Bidders (NTB) to the Project Manager (City is responsible for advertising), Reproduce and disseminate bid sets to Dodge, AGC, ABC, Amick and two (2) set to the City [PM ( I ), Purchasing (1) and interested bidders], Distribute (including the sale of) plans to interested bidders 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 Proposal, Prepare Architect's Recommendation of Award Letter that includes the following: Check for math errors and reconcile any mathematical discrepancies, Review for unbalanced bid items, Certified Bid Tabulation, Review of contractor's references provided, Recommendation to award, Attend City Council meeting and recommendation 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). d. Construction Administration Phase $ 27,750.00 HBLA shall provide administration of the Contract for Construction as set forth in AIA Document B141, Standard Form of Agreement Between Owner and Architect, current as of the date of this Agreement. HBLA's responsibility 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 of the issuance to The City of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Work. In addition, HBLA will provide the following: Facilitate Pre -Construction meeting and conduct regular weekly construction progress meetings. Provide Construction Administration: Review, log and approve submittals, shop drawings, Request for Information, etc., Review Construction Materials Testing reports, Review and approve applications for payment, Coordinate with Construction Manager or Project Manager on all Request for Change Proposals, Change Orders, etc., including maintaining a log of all such documents, Provide direction for questions and concerns from the contractor and Construction/Project Manager in resolution of problems, Provide Field Services for entire construction period: HBLA's Construction Administrator to conduct a site visit a minimum of one (1) time per week, including observation of underground piping installation, mechanical/electrical/plumbing cover-up, ceiling cover-ups, and finishes installation. 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. e. Project Close-out Phase $ 6,938.00 HBLA shall provide administration of the Warranty provided by the General Contractor, including issuance of Warranty Reports and review of 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 from the Contractor for completeness before transmitting to the City which include but are not limited to: Contractor's red lines and as -built notes, Warranty information, Material Safety Data Sheet (MSDS), Operating Manuals, Start-up and testing reports, As -built record drawings in digital and hard copy format, and Issue Final Completion and Acceptance letter to the City recommending acceptance. B. ADDITIONAL 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. C. CONSULTANT SERVICES Consultant Mechanical/Electrical/Plumbing Engineering Services along with Landscape Architecture and Cost Estimating are included in the Proposal and the fees for those services are included in A.2 Architectural & Engineering Services in Section D. COMPENSATION. No other consultant services are included in this proposal. Should any other consultant services, such as, Structural Engineering for unforeseen circumstances arising during design or construction, Land Surveying services for the preparation of a Topographic and Boundary Survey. Materials Testing consultant services, or Traffic/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 B. D. COMPENSATION Fees for services described in Section A & C (Scope of Services & Consultant Services) will be billed monthly by percentage of completion of each phase as follows: A.1 ProgrammingFcasibility Study dated November 16, 2009 A.2 Architectural & Engineering Services: C. Consultant Services: E. Reimbursable Expenses Total Fees/Expenses: Complete $138,750.00 Not used $10,000.00 $148,750.00 Fees for services described in Section A & C (Scope of Services & Consultant Services) are based on the following project parameters: Limited site development that does not include parking expansion but does include landscaping at the front of the building; renovation of the existing single story Old Public Safety Building of approximately 18,000 square feet and at a cost of the work anticipated to be approximately $1,500,000. 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 and specified by HBLA. The Cost of the Work shall be approved by The City. Significant changes to the project parameters 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 E. REIMBURSABLE EXPENSES S150.00/hour S 130.00/hour S 1 10.00/hour S 80.00/hour S 60.00/hour cost x 1.10 if paid by HBLA Reimbursable expenses, billed at cost x 1.10, will include all reproduction provided by an outside firm, photographic materials and developing expense, and a professional rendering if requested. Mileage will be billed at the current IRS approved rate. Mobile and long distance phone calls, faxes, special mailings, and deliveries, and in-house reproductions arc considered pass along charges and will be billed at cost. HBLA will assist The City in budgeting these expenses, along with other expenses which arc The City's responsibility. Reimbursable expenses shall not exceed S10,000.00 without The City's written approval. Printing will include the following: 3 sets SD/DD 3 sets 90% 3 sets 100% (This includes permit sets) 2 sets construction COP 4 sets construction COP. Plan Rooms 5 sets construction Contractor 1 set digital for bidders to purchase. F. CITY'S RESPONSIBILITY It is The City's responsibility to provide an asbestos report and remove any asbestos from the building prior to construction. We are excited about working with you, City Staff and the related Departments as together we plan for the renovations. If this proposal meets with your approval, please sign and return the original to our office. A copy is provided for your records. Sincerely, Hall Barnum Lucchesi Architects Stephen A. Lucchesi, AlA Vice President Bill Eisen, City Manager February 22, 201 0 Date The Texas Board of Architectural Examiners, 333 Guadalupe, Suite 2-350, Austin, Texas 78701-3942 telephone 512 305-9000, has jurisdiction over individuals licensed under the Texas Architects Registration Law, Article 249A, VTCS.