R-2016-039 2016-03-14RESOLUTION NO. R2016-39
A Resolution of the City Council of the City of Pearland, Texas, authorizing the
City Manager or his designee to enter into a contract with BRW Architects,
Inc., in an amount not to exceed $90,259.00, for professional services
associated with the design of Fire and EMS Station #1.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract by and between the City of Pearland and BRW,
Architects Inc., 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 with BRW Architects, Inc., for professional services associated
with the design of Fire and EMS Station #1.
PASSED, APPROVED and ADOPTED this the 14TH day of March, A.D., 2016.
ATTEST:
APPROVED AS TO FORM:
1114. k'
CITY ATTORNEY
TOM REID
MAYOR
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Resolution No. R2016-039
Exhibit "A"
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into upon final execution by and between the City of Pearland
("CITY") and BRW Architects, Inc. ("CONSULTANT").
The CITY engages the CONSULTANT to perform professional services for a project known and
described as Fire Station #1 ("PROJECT"). (Project #FA1601)
SECTION I - SERVICES OF THE CONSULTANT
The CONSULTANT shall perform the following professional services to CITY standards and in
accordance with the degree of care and skill that a professional in Texas would exercise under
the same or similar circumstances:
A. The CONSULTANT shall perform Schematic Design Services. 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.
Design
I of6 DI. Revised 1/14
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 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.
Design 2 of 6 DI. Revised 1/14
G. The CONSULTANT shall indemnify and hold the CITY, its officers, agents, and
employees, harmless from any claim, loss, damage, suit, and liability of every
kind for which CONSULTANT is legally liable, including all expenses of
litigation, court costs, and attorney's fees, for injury to or death of any person, for
damage to any property, or errors in design, any of which are caused by the
negligent act or omission of the CONSULTANT, his officers, employees, agents,
or subcontractors under this CONTRACT.
H. All parties intend that the CONSULTANT, in performing services pursuant to this
CONTRACT, shall act as an independent contractor and shall have control of its
own work and the manner in which it is performed. The CONSULTANT is not to
be considered an agent or employee of the CITY.
SECTION II - PERIOD OF SERVICE
This CONTRACT will be binding upon execution and end June 30, 2016.
SECTION III - 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. Schematic Design Services (Lump Sum) $88,909.00
2. Additional Services shall require independent and specific authorization
and shall be billed as (Lump Sum):
3. Bid Phase Services (Hourly Not to Exceed)
4. Construction Phase Services (Hourly Not to Exceed)
5. Reimbursable Expenses (Not to Exceed)
6. Total:
$1,350.00
$90,259.00
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 of 6 DI. Revised 1/14
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 2700 Earl Rudder Frwy S, Suite 4000, College
Station, TX 77845. Immediately after receiving such written notice, the
CONSULTANT shall discontinue providing the services under this CONTRACT.
B. If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all
drawings, special provisions, field survey notes, reports, estimates and any and all
other documents or work product generated by the CONSULTANT under the
CONTRACT, entirely or partially completed, together with all unused materials
supplied by the CITY on or before the 15`h 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.
Design 4 of D1. Revised l/14
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 of DI. Revised 1/14
SECTION VIII- SUCCESSORS AND ASSIGNS
This CONTRACT shall not be assignable except upon the written consent of the parties hereto.
CIi6F PIIAND, RI/AND-IC—CAS
DATE
Design 6 of 6 DI. Revised I'14
BROWN REYNOLDS WATFORD
March 1, 2016
City of Pearland
ATTN: Andrea Brinkley, Project Manager of Engineering & Capital Projects
3519 Liberty Drive, Suite 300
Pearland, Texas 77581
BRW
ARCHITECTS, INC.
2700 EARL ROMER FRAYS. Sl1RE 3000
CCLLEGE STATION. TEXAS 77645
97%341791
FAA 594 3297
YeeetYbnrucn oom
Re: Amendment to contract of the Feasibility Site Analysis Study for the Proposed Fire Station No. 1
City of Pearland Project No.: FA1601
BRW Project No.: 215159.00
This proposal is for professional architectural services for Schematic Design (30% of design phase) of
Pearland Fire Station No. 1 for the City of Pearland. The professional services shall include the following:
Schematic Design:
1. Kick Off Meeting. Review scope of work with project team. Identify contact information as well
as chain of command for distributing information.
2. Programming. Meeting with City staff and City of Pearland Fire Department to review program of
space needs for the future station.
3. Facilitate a 'Lessons Learned' session to review previous built Fire Stations'.
4. Two (2) of the six (6) Schematic Design Meetings will be for Pre Development.
5. Create a Site Plan in accordance with the Unified Development Code (UDC), site utilities,
facilities, drainage requirements and traffic planning and landscaping. Include preliminary
drainage and detention calculations.
6. Review the Geotechnical Report provided by City to be coordinated with the Civil and
Structural Engineers as related to the design.
7. Review the Boundary and Topographical Survey provided by City. Coordinate with civil
engineer as related to the design.
8. Review Traffic Impact Analysis (TIA) provided by the City and incorporate the findings and
recommendations into site design. Coordinate with civil engineer as related to the design.
9. Statement of Probable Cost and conceptual project schedule. BRW will provide a statement
of probable cost at the completion of Schematic Design, which will be a general estimate
developed from several cost data bases including our own to determine the cost per square
foot. BRW will submit 5 copies of the 8 1/2 x 11 estimate.
10. Design to all current City standards and codes, including for design (Design Criteria
Manual, Unified Development Code) and provide design that meets City codes.
a. Code review. BRW will be responsible for reviewing the 2015 International Building Code
(IBC) requirements as well as the 2014 NEC, 2015 IPC, 2015 IMC, 2015 Energy code,
NFPA 1500, floodplain, and TAS by identifying requirements and restrictions related to the
new building.
11. Conceptual Design. BRW will provide two schematic schemes of Fire Station No. 1 based on
input and lessons leamed. Upon review of the schemes, one of the schemes is selected for
modification and further development in Schematic Design. The Architect shall provide
Schematic Design Documents based on the mutually agreed-upon schedule, and budget for
the Cost of the Work. The documents shall establish the preliminary design illustrating the scale
and relationship of the components.
12. Prepare complete Schematic Documents, Schematic Statement of Probable Cost and Schedule
to complete design and submit an electronic file in PDF format and four (4) sets of 30" x 42" to
the City staff for review and approval.
Components to include:
a. Site plans, paving layouts and traffic circulation.
b. Floor plans and building circulation.
c. Exterior elevations, perspectives and rendering.
d. Relevant Civil & Traffic requirements including vehicle ingress/egress and drainage
facilities.
13. The Schematic Design Phase shall consist of six (6) design meetings.
14. The city will have a minimum of 2 weeks for schematic phase review. BRW will respond in
writing to all comments from the schematic phase review.
15. Estimated Time to complete work is 8 weeks upon notice to proceed.
H. Schedule
Design Phases(75%)
Schematic Design (30%)
City review
Design Development Phase (30%)
City review
Construction Documents (40%)
City review
8 weeks (starting upon council approval)
2 weeks
6 weeks
2 weeks
8 weeks
2 weeks
22 weeks for design
6 weeks for review
BRW will continue to move forward on the documents at our own risk while the city is reviewing each
phase of the design documents so rather than 28 weeks total we are foreseeing the design phase taking
24 weeks.
Construction Phases (25%)
Bidding or Negotiation Phase
Construction Phase
8 weeks
10 months
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III. Compensation
Payment for Basic Architectural Services shall be based on an hourly rate plus reimbursable with not to
exceed amounts outlined below. To be invoiced monthly based on the percentage of work completed with
appropriate back up documentation, as requested by the City.
BRW Architects Hourly Rates
Senior $ 210.00 per hour
Principal $ 210.00 per hour
Director $ 200.00 per hour
Senior Project Manager $ 185.00 per hour
Project Manager $ 165.00 per hour
Project Architect $ 130.00 per hour
Architect $ 125.00 per hour
Architectural Intern I $ 105.00 per hour
Architectural Intern II $ 85.00 per hour
Administrative Staff $ 70.00 per hour
Projected staff and hours
Staff (TBD' Proiected hours Rate Total
Director 40 $200 $8,000
Project manager 270 $165 $44,550
Architect 192 $125 $16,000
Architectural Intern II 192 $85 $16,320
O'Malley Strand - Civil Consultant $4,039
Compensation for Schematic Design (Not To Exceed) $ 88,909.00
Reimbursable expenses are in addition to the fee and shall be approved in advance by the
Owner as all estimated costs. Backup documents to be approved on actual fees billed for
bidding and construction phases.
Reimbursable expenses limited to document reproduction (in-house excluded), company
expenses, IRS rate mileage, expense courier and overnight deliveries, with a Not -to -Exceed
amount shown below, shall be invoiced at 1.10 of the cost billed to the Architect.
• Document Reproduction (in-house and out) $ 500.00
• Courier and Overnight deliveries $ 150.00
• Milea at Current IRS Rate .54/mile 700.00
Not to Exceed 1,350.00
Total with Reimbursable $ 90,259.00
IV. SPECIAL TERMS AND CONDITIONS
Special terms and conditions that modify this Agreement are as follows:
Any element of this Agreement later held to violate a law or regulation shall be deemed void, and all
Remaining provisions shall continue in force. However, the Owner and the Architect will, in good faith,
attempt to replace an invalid or unenforceable provision with one that is valid and enforceable, and which
comes as close as possible to expressing the intent of the original provision.
The Texas Board of Architectural Examiners has Jurisdiction over complaints regarding the professional
Practices of persons registered as architects in Texas:
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Texas Board of Architectural Examiners (TBAE) P.O. Box 12337
Austin, Texas 78711
512/ 305.9000
BRW looks forward to working with the City of Pearland and the Pearland Fire Department. Let us know
if you have questions regarding this proposal. If the terms and conditions are acceptable please sign
below and we can get started.
Sincerely,
Ray Holliday, AIA, ASLA, LI
Studio Director
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