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R-2015-073 2015-04-27 RESOLUTION NO. R2015-73 A Resolution of the City Council of the City of Pearland, Texas, authorizing a contract for architectural design services with Hall, Barnum and Lucchesi Architects, in the amount of $407,600.00 for design services associated with the City Hall Complex Renovation Project. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract for architectural services, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a contract for architectural design services associated with the City Hall Complex Renovation Project. PASSED, APPROVED and ADOPTED this the 27th day of April, A.D., 2015. - Gm Ds--a TOM REID MAYOR ATTEST: Q�'RUNo ,:§(.-...•.. .... A NG L%.•F '!' , TRI I _"'. %\ ill Y SES1 ETARY APPROVED AS TO FORM: CIA.,--- ak----- DARRIN M. COKER CITY ATTORNEY Resolution No. R2015-73 Exhibit "A" CONTRACT FOR PROFESSIONAL SERVICES SECTION I-THIS CONTRACT is entered into on April 28.2015,by and between the City of Pearland("CITY") and HALL BARNUM LUCCHESI ARCHITECTS ("CONSULTANT"). SECTION II-The CITY engages the CONSULTANT to perform professional services for a project known and described as CITY HALL COMPLEX RENOVATIONS("PROJECT"). (Project#FA0904) SECTION III-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 and Engineering services in connection with RENOVATIONS to THE CITY HALL COMPLEX (City Hall and Community Center), 3519 and 3523 LIBERTY 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. The CONSULTANT shall prepare and submit a detailed opinion of estimated cost of the PROJECT. B. 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. C. 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. D. The CONSULTANT recognizes that all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product Design 1 of6 DI.Revised 1/14 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. E. 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 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. F. 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 Design 2 of 6 DI.Revised 1/14 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 IV-PERIOD OF SERVICE This CONTRACT will be binding upon execution and end October 2016. SECTION V-CONSULTANT'S COMPENSATION A. The total compensation for the services performed shall not exceed the total noted in Section B. B. The CITY shall pay the CONSULTANT in installments based upon monthly progress reports and detailed invoices submitted by the CONSULTANT based upon the following: 1. Basic Services(Lump Sum): $254,475.00 2. Additional Services shall require independent and specific authorization and shall be billed as(Lump Sum): $ N/A 3. Bid Phase Services(Hourly Not to Exceed) $39,150.00 4. Construction Phase Services(Hourly Not to Exceed) $106,475.00 5. Reimbursable Expenses(Not to Exceed) $ 7,500.00 Total: $407,600.00 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. Design 3 of6 D1.Revised 1/14 SECTION VI-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 VII-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, 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 15t 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 Design 4 of6 DI.Revised 1/14 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 CONSULTANT 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. 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. Design 5 of6 Dl.Revised 1/14 SECTION VIII- SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto. / April 27, 2015 C Y OF ► A' LAND, TEXAS DATE Clay P-arson, City Manager CONSULTANT DATE taL Ai2z-kk I Design 6 of 6 DI. Revised I i 14 Client#: 169167 HALLBARN ACORD-.. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)4/29/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Lynne Cantrell USI Southwest PHONE FAX (A/C,No,Ext):713 490-4600 I mic,No 713-490-4700 Three Memorial City E-MAIL ADDRESS: I Y nne.cantrell usi.biz 840 Lessner, Suite 600 INSURER(S)AFFORDING COVERAGE NAICN Houston,TX 77024 INSURER A:Catlin Insurance Company,Inc. 19518 INSURED INSURER B: Hall Barnum Lucchesi Architects Inc 3701 Kirby Dr Ste 1166 INSURER C: Houston,TX 77098-3916 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL NEW POLICY NUMBER POLICY EFF POLICY EXP UNITS LTR INSR WVD (MWDD/YYYY) (MWDD/YYYY) GENERAL LIABILITY EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY PREMISES(EaEoNCCTuERence) $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY _$ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY n n LOC $ AUTOMOBILE UABIUTY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS _ AUTOS HIRED AUTOS _ NON-OWNED (Pere cide accident) $ UMBRELLA LIAB _ OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE _$ DED RETENTIONS I $TH- WORKERS COMPENSATION i 'WCSTATU- I IETH AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S A Professional AED988640116 01/19/2015 01/19/2016 $1,000,000 per claim Liability $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) This Evidence of Insurance is issued as a matter of information only and confers no rights upon the holder and does not amend,extend or alter the coverage afforded by policies designated onthe Evidence. CERTIFICATE HOLDER CANCELLATION City of Pearland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3519 Liberty Drive ACCORDANCE WITH THE POLICY PROVISIONS. Pearland,TX 77581 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S14980571/M14152240 LZCHA A`0• JJB DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE R001 4/28/2015 THIS CERTIFICATE'S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION'S WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: AELC DBA\AIA TRUST BUS IN GRP-PHS PHONE (A/C. (866) 467-8730 FAX (NC, (888) 443-6112 990862 P: (866) 467-8730 F: (888) 443-6112 ADDRESS: PO BOX 29611 INSURER(S)AFFORDING COVERAGE NNCS CHARLOTTE NC 28229 INSURERA Hartford Accident & Indemnity Co 22357 INSURED INSURER B: Hartford Underwriters Ins Co 30104 INSURER C HALL BARNUM LUCCHESI ARCHITECTS INSURER D: 3701 KIRBY DR SIDE 1166 INSURERE. HOUSTON TX 77098 INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN.SR TYPE OF INSURANCE ADDL SUER POLICY NUMBER AOIJCY EFF PIOLICYEKP LIMITS ITR INSR N7'D IMM/DDITM) /MM/DO ilm _ COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S1, 0 0 0,0 0 0 CLAIMS-MADE X OCCUR DAMAGE TO RENTED $300 0 0 0 PREMISES(Ea occurrence) / A X General Liab 89 SBA GD2622 02/29/2015 02/29/2016 MEDEXP(Any one person) s10, 000 — PERSONAL&ADV INJURY S1, 000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2, 000, 000 H POLICY PRO- LOC PRODUCTS-COMP/OP AGG JECT © s2, 000, OOO OTHER: S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 51, 0 0 0, 0 0 0 (Ea accident) ANY AUTO BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED 84 SBA GD2622 02/29/2015 02/29/2016 BODILY INJURY(Per accident) $ AUTOS AUTOS _ X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE S AUTOS (Per accident) X UMBRELLA LIAB X OCCUR EACH OCCURRENCE S1, 000, 000 A EXCESS LIAB CLAIMS-MADE 89 SBA GD2622 02/29/2015 02/29/2016 AGGREGATE S1, 000,000 DED X RETENTIONS 10,000 S WORKERS COMPENSATION X (STATUTE I ION- ER AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $1, 000, 0 0 0 OFFICER/MEMBER EXCLUDED? B (Mandatory In NH) wA 84 WEC BD3099 12/19/2019 12/19/2015 E.L.DISEASE-EA EMPLOYEE $1, 000, 000 If yes,describe under E.L.DISEASE-POLICY LIMIT $1, 000,000 DESCRIPTION OF OPERATIONS below - DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if mom space is required) Those usual to the Insured' s Operations. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF PEARLAND AUTHORIZED REPRESENTATIVE 3519 LIBERTY DR PEARLAND, TX 77581 ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD