R2010-075 - 2010-06-14 No Action No Action Taken
June 14, 2010
RESOLUTION NO. R2010 -75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING A CONTRACT FOR ARCHITECTURAL SERVICES
ASSOCIATED WITH THE CITY'S RENOVATION OF THE CITY HALL
COMPLEX.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for architectural services associated with the
renovation of the City Hall complex, 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 architectural services associated with the
renovation of the City Hall complex.
PASSED, APPROVED and ADOPTED this the day of A.D., 2010.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into on , 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 City Hall Complex Renovations Project. (Project#FA0904).
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
ARCHITECTURAL DESIGN AND CONTRACT ADMINISTRATION
SERVICES FOR THE RENOVATION OF THE CITY HALL COMPLEX.
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 fmal 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, $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 CON IRACT, 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 February, 2011.
SECTION III-CONSULTANT'S COMPENSATION
A. The method of payment for this CONTRACT is LUMP SUM for
Architectural services in the amount of $61,300.00. And the Reimbursable
expenses payment method is NOT TO EXCEED $5,000.00. Total compensation
for the services performed and reimbursable expenses shall be$ 66,300.00.
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
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, SUITE 1166,
-3-
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 15th 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 OF PEARLAND,TEXAS
CONSULTANT
-5-
H3L
A 'R G H 1 T E.0 .T S
Exhibit A
May 20,2010
Trent Epperson,Project Director
City of Pearland
3519 Liberty Dr,
Pearland,TX 77581
Re: Proposal for Tenant Improvements within the City Hall and Community Center at
3519 and 3523 Liberty Drive,Pearland,Texas HBL Project 0929
Trent, HBL Architects is pleased to present this Proposal for Architectural Services for Tenant
Improvements in the two City buildings referenced. The Scope of Work for this project includes
design for renovation of the west part of the Community Center and a portion of City Hall
known as the Executive Suite, the preparation of Construction Documents and services through
construction administration. The total square footage is 11,099 and the estimated construction
costs using $55.00 s.f. is $613,000. For the purpose of this proposal, HBL Architects will be
identified as the Architect and The City of Pearland as the Owner.
A. ARCHITECTURAL SERVICES
The Architect will provide complete design and contract administration services for the four
phases as noted below for the tenant improvements in the existing buildings at the addresses
noted. The following are the phases of architectural design services and will be billed on a
monthly basis.
1. Schematic Design/Design Development Phase
The Architect will meet with the Department representatives to establish space needs and
a schematic floor plan will be designed for approval by the Owner, based on a site visit
and those interviews with the Departments involved. Design Development Documents
shall consist of drawings, outline specifications, and other documents to fix and describe
the full scope of the project.
2. Construction Documents Phase
Based on the approved schematic/design development floor plan design, the Architect
shall prepare, for approval by the Owner, Construction Documents consisting of
Drawings and Outline Specifications setting forth in detail the requirements for the
construction of the Project.
The Architect shall file documents required for the approval of governmental authorities
having jurisdiction over the Project.
3. Bidding/Negotiation Phase
HALL BARNUM LUCCHESI ARCHITECTS
3701 Kirby Drive, Suite 1166 Houston,Texas 77098-3916 713.621 7581 713 623 8258 fax www.hbl-architects.com
HBL
:4 R C H I T` ti C T s
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.
4. Construction Administration Phase
The Architect will work with the General Contractor and Owner during the construction
of the project to assist in the administration of the Contract for Construction and to
represent the Owner during this phase.
B. ADDITIONAL SERVICES
Additional services shall include any work that is requested by the Owner beyond the
scope of this proposal. Additional services will require the Owner's written authorization
and shall be billed at hourly rates as discussed in Section D.
C. CONSULTANT SERVICES
Consultant Mechanical/Electrical/Plumbing Engineering Services, for the proposed
improvements, are included in this Proposal. Should additional consultant services, such
as Structural Engineering, be requested and approved in writing, such services will be
billed as Additional Services to the Owner.
D. COMPENSATION
Fees for services described in Section A. ARCHITECTURAL SERVICES, will be billed
monthly based on percent completion per phase as follows:
Schematic Design/Design Development $21,455.00
Construction Documents $21,455.00
Bidding/Negotiations $ 3,065.00
Construction Administration $15,325.00
Reimbursable Expenses $ 5,000.00
Total fees and expenses not to exceed $66,300.00
Fees for services are based on the following project parameters: renovation of
approximately 9,870 s.f. of the interior spaces on the western side of the existing single
story Community Center Building,not including toilets, mechanical, or janitorial spaces,
and the renovation of approximately 1,229 s.f. of space on the third floor of City Hall
known as the Executive Suite including interior wall displacement, and minor
adjustments to plumbing, electrical and/or mechanical. The project does not include site
development or any exterior wall demolition or construction
HALL BARNUM LUCCHESI ARCHITECTS
3701 Kirby Drive, Suite 1166 Houston,Texas 77098-3916 713 621 7581 713 623 8258 fax www.hbl-architects.com
A R C ll t T C f T S
If the costs of construction increase due to a change in the scope of the project, then
additional services will be applicable at a rate of 10% of the amount of the increase.
Hourly rates for basic and additional services discussed in Sections A.
ARCHITECTURAL SERVICES and B. ADDITIONAL SERVICES are as follows:
Principals $150.00
Project Managers $130.00
Project Architects $110.00
Professional Staff $80.00
Secretarial Staff $60.00
Additional Consultants cost x 1.10 if paid by the architect
E. REIMBURSABLE EXPENSES
Reimbursable expenses,billed at cost x 1.10,will include all reproduction provided by an
outside firm, photographic materials and developing expense. Mileage will be billed at
the current IRS approved rate, Mobil and long distance phone calls, faxes, special
mailings, and deliveries, and in-house reproductions are considered pass along charges
and will be billed at cost. Detailed billings will be presented supporting such
reimbursable expenses. Reimbursable expenses will be billed separately and will not
exceed$5,000.00 without Owner's written approval.
F. OWNER'S RESPONSIBILITY
The Owner is responsible for providing current floor plans of each building for the
Architect's use.
G. SCHEDULE
The architect shall begin work upon receipt of a notice to proceed from the Owner.
Assuming a start date no later than June, 2010 the project will be completed by August
2010.
H. TERMINATION
Either the Owner or the Architect may terminate work at any time for any reason with ten
(10) days written notice. The Architect will invoice within ten (10) days for any fees or
expenses incurred or unpaid prior to date of such termination.
I. AGREEMENT
This signed proposal shall serve as the Agreement for Architectural Services. Any changes
to this Agreement must be in writing and signed by both parties.
HALL BARNUM LUCCHESI ARCHITECTS
3701 Kirby Drive, Suite 1166 Houston,Texas 77098-3916 713 621 7581 713 623 8258 fax www.hbl-architects.com
A R CH 1 '[ H C"T S
We appreciate the opportunity to submit this proposal for the design of the Tenant Improvements
described. If this Proposal meets with your approval,please sign and return a copy to our office.
A copy is provided for your records.
Yours truly,
HALL BARNUM LUCCHESI CITY OF PEARLAND
ARCHITECTS
Stephen Lucchesi,AIA By:
Vice President
Title:
Date:
-end of proposal_
HALL BARNUM LUCCHESI ARCHITECTS
3701 Kirby Drive, Suite 1166 Houston,Texas 77098-3916 713 621 7581 713 623 8258 fax www.hbl-architects.com
EXHIBIT A
1746
4
,;.•.- . .
/�.7
� er
} . ip 1
} 2 fir' ta:.
1Gam _ }'�+1 f ._,. ,. 1:',:
•
i y j i '• �an S n
nr`J
y--,
•
•
ARCHITECTURAL SCOPE OF SERVICES
FOR
CITY HALL COMPLEX RENOVATIONS
•
•
Design 1 of 3 D23.Revised 3/08
Architectural Services: Standard Scope of Work
Services provided would include architectural, structural, mechanical, electrical, plumbing, and civil
design services as needed for the renovation of an existing City facility. In addition the following services
will be included.
I. Schematic Design/Design Development Phase
1. Obtain and review applicable City standards and guidelines for design(Design Criteria Manual,
Unified Development Code)and provide design that meets City codes.
2. Facilitate meetings with City staff to review existing building square footage, and the required
departmental needs to develop Schematic Design Documents.
3. Perform site visits.
4. Prepare a Schematic Floor Plan Design for City review and approval.
5. Prepare and submit Preliminary Specifications, Schematic cost estimate and schedule to the
City staff for review,comments and approval. (60%plan review). Components to include:
a. floor plans, building circulation, Structural, Civil, Architectural, MEP, and Fire
Protection
b. critical building sections and details
c. interior elevations,casework and millwork elevations
d. Location of utilities and sizes
6. Coordinate with IT Department to address telecommunication requirements.
7. Coordinate with private utilities and service providers.
8. Respond in writing to all City comments on plans.
9. Make any adjustments to scope, quality or cost estimate of the Project as a result of the City's
review.
IV.Construction Documents Phase
1. Prepare complete Construction Documents and Specifications and submit three(3) sets to City
staff for Code and general review and approval(90%plan review).
2. Attend follow up meetings with Fire Marshall, City Engineer, Planning and Chief Building
Official(CBO).
3. Complete final coordination with private utilities and service providers.
4. Prepare and submit three (3) complete sets of Construction Documents, including revisions
made as a result of the 90% review written responses, Specifications and Architect's Cost
Estimate and schedule to:
a. Projects Department for review and approval(100%plan review)
b. Community Development for formal Plan Review for Permit
5. Submit plans to Texas Department of Licensing and Regulation (TDLR) or Registered
Accessibility Specialist(RAS) for accessibility review.
6. Submit plans for Energy Code Review and revise plans,if required.
7. Correct plans to reflect issues noted by Review for Permit.
8. Acquire signature of City Engineer and CBO.
V.Bid/Negotiation Phase
a. Provide Notice to Bidders(NTB)to the Project Manager. City is responsible for
advertising.
b. Reproduce and disseminate bid sets to Dodge,AGC,ABC,Amtek and(2)two sets to
the City[PM(1),Purchasing(1)and interested bidders]
c. Distribute(including the sale of)plans to interested bidders
i. Keep record of plan holder's list
d. Chair pre-bid meeting and attend the Bid Opening
Design 2 of 3 D23.Revised 3/08
e. Respond in writing to questions from bidders and prepare addenda as necessary.
f. Assist with design of Bid Proposal*
g. Prepare Architect's Recommendation of Award Letter that includes the following
required content:
i. Check for math errors and reconcile any mathematical discrepancies
ii. Review for unbalance bid items
iii. Certified Bid Tabulation including Architect's estimate
iv. Review of contractor's financial standing and references provided
v. Explanation of discrepancies between the Architect's estimate and bids
vi. Recommendation to award
2. Attend City Council meeting and recommendation for award of Contract for Construction.
3. Produce and transmit to selected contractor five(5)sets of project manuals ready for
execution with City's Notice of Intent to Award(NOI)
*This is the use of bid strategies to attain lowest possible prices for work,use of alternatives,etc.
VI. Construction Administration Phase
1. Facilitate Pre-Construction meeting and conduct regular bi-weekly construction progress
meetings.
2. Provide Construction Administration.
a. Review,log and approve submittals,shop drawings,Request for Information etc.
b. Review Construction Materials Testing reports.
c. Review and approve applications for payment.
d. Coordinate with Construction Manager or Project Manager on all Request for Change
Proposals,Change Orders,etc.including maintaining a log of all such documents.
e. Provide direction for questions and concerns from the contractor and
Construction/Project Manager in resolution of problems.
3. Provide Field Services for entire construction period.
a. Architect's Construction Administrator to conduct a site visit a minimum of one(1)
time per week,including observation of structural concrete placement,
mechanical/electrical/plumbing cover-up,masonry installation, ceiling cover-ups,etc.
b. Provide site visit report to Project Manager weekly.
4. 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.
VII.Project Close Out
1. Provide Warranty Administration Services during the entire Warranty Period.Architect to issue
Warranty Reports and review items after the Contractor has notified the City that these items
are complete.
2. Provide support services as needed during the project close out process.
3. Obtain and review close out submittal from the contractor for completeness before transmitting
to the City which include but are not limited to:
a. Contractor's red lines and as-built notes
b. Warranty information
c. Material Safety Data Sheet(MSDS)
d. Operating Manuals
e. Start up and testing reports
f. Building commissioner report
g. As-Built record drawings(in hard copy and digital format)
4. Issue Final Completion and Acceptance letter to the City recommending acceptance.
Design 3 of 3 D23.Revised 3/08
.
. . .
.. . , . . :
. . .. , . . .
. , .
. .„ . ..
. . .
. . . .. . . _ , .
_ .
, „ . .
. . ,,
. .
. . , .
. .
, p,
. . , . . . .
.. . , _ , „
. .
. . „
. p ,
. .
.. .
. . ..
. .,.. . , ,, ... „. . . ,
. . ..
p . ,
. ,
. . , „ .
, . •
. . . ,, . .
, .
. . . . . .l' . L •...',
usines
... _ ,. „.
N.. c . p„, , . . .. .
, ,.
._ .
., ,, . . .
. .
. , . . . ,
, . .
. .
,., ,, , . , ..
. .
, . „ .
. , . .
. ..
„ .
. . ,
. ,
. 1 4
. . . .
. . .
. ,
. _
. „
. . .
. . , ,.. , _
. , .
. ,
. .,
. .
. .
, . . ,_ ,.,'. .
. . , .
. . ..
. . - ,
. ..
. , . .
. .._ . .
. . . . .
N ' I
' 14. CONSIDERATION AND POSSIBLE ACTION -,REGARDING PENDING
- LITIGATION ASSOCIATED WITH OTHON. City Council. -