R2017-032 2017-02-13RESOLUTION NO. R2017-32
A Resolution of the City Council of the City of Pearland, Texas,
amending a fixed unit cost contract for building plan review and
inspection services with AG/CM Inc., in the additional amount of
$102, 000.00, and a total contract amount not to exceed $150,000.00.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for building plan review and inspection services, a
copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is
hereby amended.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest an amended contract for building plan review and
inspection services.
PASSED, APPROVED and ADOPTED this the 13th day of February, A.D., 2017.
ATTEST:
NG Ly'F1NG, T
SEs' TARY
APPROVED AS TO FORM:
rcr,_
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
'''/Ill 1 1 1 0%\``\
City of Pearland
3519 Liberty Drive
Pearland, TX 77581
General Services Contract
Resolution No. R2017-32
Exhibit "A"
This Contract (Contract) is made between the City of Pearland, Texas (City), and Contractor.
The City and Contractor agree to the terms and conditions of this Contract, which consists of the
following parts:
I. Summary of Contract Terms
II. Signatures
III. Standard Contractual Provisions
IV. Special Terms and Conditions
V. Additional Contract Attachments
1. Summary of Contract Terms.
Contractor
Description of Services:
Contract Amount:
Effective Date:
Termination Date:
Renewal:
AGCM, Inc.
9950 Westpark Drive, Suite 300
Houston, TX 77063
Plan review and inspection services as stated in City of Pearland
RFP #0716-50 and contractor's response to the same.
Not to exceed $484404.00 $150,000.00
October 1, 2016
September 30, 2017
Two (2) one-year options available upon mutual agreement of both
parties.
II. Signatures. By signing below, the parties agree to the terms of this Contract:
CITY OF PEARLAND'
Purdmsim
414P
CAV Manager
AsslstaM City Manager
Director
Program Manager
" Dias
"Contract Signature Authority:
Program Manager -$5,999 or less
Director - $6,000 to $30,000
City Manager/Assistant City Managers -$30,001 to $50,000
City Council Resolution -$50,000+
III. Standard Contractual Provisions.
A. Definitions.
Contractmeans this Standard Services Contract.
Services means the services for which the City solicited bids or received proposals as
described in Exhibit A, attached hereto.
B. Services and Payment. Contractor will furnish Services to the City in accordance with the
terms and conditions specified in this Contract. Contractor will bill the City forthe Services
provided at intervals of at least30 days, exceptforthe final billing. The City shall pay Contractor
forthe Services in accordance with the terms of this Contract, but all payments to be made by
the City to Contractor, Including the time of payment and the payment of interest on overdue
amounts, are subject to the applicable provisions of Chapter 2251 of the Government Code.
C. Termination Provisions.
(1) City Termination for Convenience. Under this paragraph, the City may terminate
this Contract during its term at any time for the City's own convenience where the
Contractor Is not in default by giving written notice to Contractor. Ifthe City terminates
this Contract under this paragraph, the City will pay the Contractor for all services
rendered In accordance with this Contract to the date of termination.
(2) Termination for Default. Either partyto this Contract mayterminate this Contract as
provided In this paragraph if the other party fails to comply with its terms. The party
alleging the default will give the other party notice of the default in writing citing the
terms of the Contract that have been breached and what action the defaulting party
must take to cure the default. Ifthe party in default fails to cure the default as specified
in the notice, the party giving the notice of default may terminate this Contract by
written notice to the other party, specifying the date of termination. Termination of this
Contract under this paragraph does not affect the right of either party to seek
remedies for breach of the Contract as allowed by law, including any damages or
costs suffered by either party.
(3) Multi -Year Contracts and Funding. This Contract extends beyond the City's fiscal
year in which It becomes effective or provides for the Cityto make any payment during
any of the City's fiscal years following the City's fiscal year In which this Contract
becomes effective and the Cityfa i is to appropriate funds to make any required Contract
paymentforthat successive fiscal year and there are no funds from the City's sale of
debt instruments to make the required payment, then this Contract automatically
terminates at the beginning of the first day of the City's successive fiscal yearofthe
Contract for which the City has not appropriated funds or otherwise provided for funds
to make a required payment under the Contract
D. Liability and Indemnity. Any provision of any attached contract document that limits the
Contractor's liability to the City or releases the Contractor from liability to the City for actual or
compensatory damages, loss, or costs arising from the performance of this Contract or that
provides for contractual indemnity by one party to the other party to this Contract is not
applicable or effective under this Contract. Except where an Additional Contract Document
provided by the City provides otherwise, each party to this Contract is responsible for
defending against and liable for paying any claim, suit, or judgment for damages, loss, or
costs arising from that party's negligent acts or omissions In the performance of this Contract
In accordance with applicable Iaw.This provision does not affect the right of either partyto this
Contract who is sued by a third party for acts or omissions arising from this Contract to bring in
the otherpartyto this Contract as a third -party defendant as allowed by law.
E. Assignment. The Contractor shall notassign this Contract without the priorwritten consent
of the City.
F. Law Governing and Venue. This Contract is governed by the law of the State of Texas
and a lawsuit may only be prosecuted on this Contract in a court of competent jurisdiction
located in or having jurisdiction in Brazoria County. Texas.
G. Entire Contract. This Contract represents the entire Contract between the City and the
Contractor 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.
H. Independent Contractor. Contractor shall perform the work underthi9 Contract as an
independent contractor and not as an employee of the City. The City has no right to supervise,
direct. or control the Contractor or Contractor's officers or employees in the means, methods.
or details of the work to be performed by Contractor under this Contract. The City and
Contractor agree that the work performed under this Contract is not inherently dangerous.
that Contractor will perform the work in a workmanlike manner, and that Contractor will take
proper care and precautions to insure the safety of Contractor's officers and employees.
I. Dispute Resolution Procedures. The Contractor and City desire an expeditious means to
resolve any disputes that may arise between them regarding this Contract. Ife'4her party
disputes any matter relating to this Contract, the parties agree to try in good faith, before
bringing any legal action, to settle the dispute by submitting the matter to mediation before a
third party who will be selected by agreement of the parties. The parties will each pay one-half
of the mediator's fees.
J. Attomev's Fees. Should either party to this Contract bring suit against the other party
for breach of contract or for any other cause relating to this Contract. neither party will seek
or be entitled to an award of attorney's fees or other costs relating to the suit.
K. Severability. Ifa courtfinds or rules thatany partofthis Contract isinvalid or unlawful, the
remainder of the Contract continues to be binding on the parties.
IV. Special Terms or Conditions. None.
V. Additional Contract Documents. The following specified documents attached to this Contract are
part of this Contract, except as follows: any provision contained in any of the Contractor's Additional
Contract Documents 9pecified below that conflicts with a Contract provision not included in the
Contractor's Additional Contract Documents, does not apply to this Contract.
A. Contractor's Additional Contract Documents:
1. The contractors response to Bid#0416-301 shall be construed as additional contract
documents.
2. Contractor's Certificate of Insurance listing City of Pearland as additional insured
(required insurance certificate[s] shall be in possession of City at actual commencement
ofwork).
B. City's Additional Contract Documents:
1. Scope of Services.
EXHIBITA
CONTRACTOR'S SCOPE OF SERVICES
Scope of services provided shall consist of plan review and inspection services as stated In City of
Pearland RFP #0716-50 and contractor's response to the same (see attached fee schedule).
FEE SCHEDULE
Proposed Fee Schedule
The hourly rates include direct labor, general and administrative overhead, profit margin, insurances, ordinary
software costs, office supplies, routine reproduction costs, local communication charges, facsimile charges and
travel costs.
PIAN REVIEW SERVICES
C16edfzpccial (1« tfzsn$I,000,000) 40f6 o :thcCitl' o:fPeedgzt<IPIkjtelck
aper«g,«v»r sz,000,000j 33% of the City ol.scarlandplan- check fee
Residential
eOt6oftkeCti.of£eazlax8pJ .� m
AG
INSPEC IONSERVICES
esidential $65/stop
C. $75/stop
1
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N<� h hG CONSULTING, 1 NC.
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