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R2019-175 2019-07-22 RESOLUTION NO. R2019-175 A Resolution of the City Council of the City of Pearland, Texas, amending a contract for plan review and inspection services with AG/CM, in an additional amount of $19,000.00, for a total of $64,000.00, for the period ending September 30, 2019. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain amended contract for 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 authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest an amended contract for plan review and inspection.services. PASSED, APPROVED and ADOPTED this the 22nd day of July, A.D., 2019. o``e` NO�-, GYI� moo, „ss. TOM REID MAYOR ATTEST: �nn10`��• vl1/4A1A:1;?,/ MARIA RODRIGUEZ U INTERIM CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY CITY OF PEARLAND ° r ��t COMMUNITY DEVELOPMENT DEPARTMENT ° jor� 3523 Liberty Drive �EA ANI21 1 Pearland,Texas 77581 General Services Contract Amendment Date of Issuance: 06.28.19 Amendment No: 1 Contractor: AGICM PO#: 2019-00000145 Explanation for Amendment: This Amendment encompasses the following: The need for third-party inspections has increased past previous estimations due to employee turnover and an increased number of inspections requested. At the current rate, we expect to need an additional $19,000 in order to prevent delaying residential and commercial inspections. Description of Work Cost Time 1. Inspection Services $ 64,000 Days' Please attach back-up documentation Cost&Time Change Summary: Cost Time Original Contract: $ 45,000 Days Net increase (decrease)from this Amendment: $ 19,000 Days Revised Contract: $ 64,000 Days GSA Amendment .1 of 2 4/2019 Signatures. By signing below, the parties agree to the terms of this Contract: CITY OF PEARLAND: CONTRACTOR**: Budget/Purchasing Manager Date Title: Date: *Signed by: Date: _ City Manager Assistant City Manager Director Superintendent/Manager *Contract Signature Authority: Superintendent/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+ **Contractor agrees to perform change(s)included in this Contract Amendment for the price,scope and/or time indicated.The prices for changes include all costs associated with this Contract Amendment. No work shall be performed until this Amendment is executed and a changed purchase order has been issued by the City. Upon execution by all parties,the changes identified for the Contract Value and/or Contract Time shown,are made part of the Contract,and all other provisions of the original contract shall remain in full force and effect. GSA Amendment 2 of 2 4/2019 0E PEq� PEA AND; City of Pearland r . , -,-R ,, I 3519 Liberty Drive PST, j 99N , Pearland, TX 77581 General Services Contract 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 I.Summary of Contract Terms. : , Contractor: AGICM, Inc. 9950 Westpark;Dr.Suite 30.00 Houston,TX 77063. Description of Services:- Contractor will provide Plan Review and:Inspection Services to the City of Pearland; per the specifications of RFP#0716-50. Contract Amount, Not to Exceed $45,000 annually: Effective Date: 10/01/2018 Termination Date: 9/30/2019 , Renewal: No renewal options remaining. • II.Signatures. By signing below, the parties agree to the terms of this Contract: CITY OF EARL''ND: CONTRACTOR: A )`; ttir-13/t 711a, 3e/thi‘it- dget/"urchasing Manager Date Title: Vice President Date: 9/27/2018 ign-,'by: Date: --241---/ r City Manager Assistant City Manager Director Program Manager *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. Contract means 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 for the Services provided at intervals of at least 30 days,except for the final billing.The City shall pay Contractor for the 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. 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 90 days written notice to Contractor. lithe 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 party to this Contract may terminate 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. If the 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 providing 990 days written notice to the other party. 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. If this Contract extends beyond the City's fiscal year in which it becomes effective or provides for the City to 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 City fails to appropriate funds to make any required Contract payment for that 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 year of the 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 law.This provision does not affect the right of either party to this Contract who is sued by a third party for acts or omissions arising from this Contract to bring in the other party to this Contract as a third-party defendant as allowed by law. E. Assignment. The Contractor shall not assign 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 under this 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 professional manner. I. Dispute Resolution Procedures. The Contractor and City desire an expeditious means to resolve any disputes that may arise between them regarding this Contract. If either 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 nonbinding 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. Attorney'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. If a court finds or rules that any part of this Contract is invalid or unlawful,the remainder of the Contract continues to be binding on the parties. lV. 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 specified 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 contractor's response to bid 0716-50 shall be construed as additional contract documents. 2. Executed Contractor Insurance Requirements & Agreement (required insurance certificate[s] shall be in possession of City at least 7 days prior to actual commencement of work). B. City's Additional Contract Documents: 1. Scope of Services EXHIBIT A CONTRACTOR'S SCOPE OF SERVICES Scope of services shall consist of the contractor providing Plan Review and Inspection Services for the City of Pearland, as needed, per the specifications of bid #0716-50. Pricing is as follows per contractor's response to the same and as listed below. FEE SCHEDULE Plan Review Services: Commercial(less than $1,000,000) 40% of the City of Pearland Plan Check Fee Commercial(over$1,000,000) 33% of the City of Pearland Plan Check Fee Residential 40% of the City of Pearland Plan Check Fee Inspection Services: Commercial $75/stop Residential $65/stop 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. I rf. Resolution No. CITY OF PEARLAND qQ2 e IMMUNITY DEVELOPMENT DEPARTMENT 6 16 R2019-175 3523 Liberty Drive PEARLANDI Pearland,Texas 77581 'r. aha General Services Contract Amendment • Date of Issuance:06.28.19 Amendment No: 1 Contractor: AGICM PO#: 2019-00000145 Explanation for Amendment:. This Amendment encompasses the following:. The need for third-party inspections has increased past previous estimations due to employee turnover and an increased number of inspections requested. At the current rate,:.we: expect to need an additional $19,000 in order to prevent delaying residential and commercial.inspections. Description of Work Cost Time 1. Inspection Services- $ 64.000 Days Please attach back-up documentation Cost&Time Change Summary: Cost Time. Original Contract:; $ 45.000 Days, Net increase (decrease)from this Amendment: :. $ 19.000 Days Revised Contract: $ 64 000 Days Signatures. By signing below,the parties agree to the terms of this Contract: CITY OF PEARLAND: CONTRACTOR**: Budg; ` 1, anager Date •. Title: Vice Presid Date: 7/30/2019 *.wed b Date: 2f%`1--0—cci Ci - Manager A sistant City Manager Director Superintendent/Manager GSA Amendment 1 oft 4/2019 *Contract Signature Authority: Superintendent/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+ **Contractor agrees to perform change(s)included in this Contract Amendment for the price,scope and/or time indicated.The prices for changes include all costs associated with this Contract Amendment. No work shall be performed until this Amendment is executed and a changed purchase order has been issued by the City. Upon execution by all parties,the changes identified for the Contract Value and/or Contract Time shown,are made part of the Contract,and all other provisions of the original contract shall remain in full force and effect. GSA Amendment 2 of 2 4/2019 o� rtq L) �1a iyt' of Pearland PEAR ANQI 3519 Liberty Drive est. ,B9N Pearland,TX 77581.. General Services Contract 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 I..Summary of Contract.Terms. Contractor: AGICM, Inc. , 9950 Westpark Dr. Suite 3000 Houston, TX 77063 Description of Services: Contractor will provide Plan Review and Inspection Services.to the City of Pearland; 'per-the specifications of RFP#0716-50. Contract Amount Not to Exceed;$45,000 annually: Effective Date: , 10/01/2018 Termination Date: 9/30/2019 Renewal: ,No renewal options remaining. , II.Signatures. By signing below,the parties agree to the terms of this Contract CITY OF EARL.ND: CONTRACTOR: cc • , ' Zal 211;j • It ir-a0 i t • , — '7/14‘14. - Safimdt dget/'urchasing Manager Date Title:;Vice President U Date: 9/27/2018 19 ig n- ,'by: Date: 21—y r City Manager: Assistant City Manager , Director Program Manager. *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. Contract means 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 for the Services provided at intervals of at least 30 days,except for the final billing.The City shall pay Contractor for the 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. 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 90 days written notice to Contractor. If the 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 party to this Contract may terminate 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. If the 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 providing 990 days written notice to the other party. 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. If this Contract extends beyond the City's fiscal year in which it becomes effective or provides for the City to 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 City fails to appropriate funds to make any required Contract payment for that 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 year of the 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 parry 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 law.This provision does not affect the right of either party to this Contract who is sued by a third party for acts or omissions arising from this Contract to bring in the other party to this Contract as a third-party defendant as allowed by law. E. Assignment. The Contractor shall not assign this Contract without the prior written 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 under this 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 professional manner. I. Dispute Resolution Procedures. The Contractor and City desire an expeditious means to resolve any disputes that may arise between them regarding this Contract. If either 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 nonbinding 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. Attorney'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. If a court finds or rules that any part of this Contract is invalid 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 specified 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: t The contractor's response to bid 0716-50 shall be construed as additional contract documents. 2. Executed Contractor Insurance Requirements & Agreement (required insurance certificate[s] shall be in possession of City at least 7 days prior to actual commencement of work). B. City's Additional Contract Documents: . 1. Scope of Services 1 EXHIBIT A CONTRACTOR'S SCOPE OF SERVICES Scope of services shall consist of the contractor providing Plan Review and Inspection Services for the City of Pearland, as needed, per the specifications of bid #0716-50. Pricing is as follows per contractor's response to the same and as listed below. FEE SCHEDULE Plan Review Services: Commercial(less than $1,000,000) 40% of the City of Pearland Plan Check Fee Commercial(over$1,000,000) 33% of the City of Pearland,Plan Check Fee Residential 40% of the City of Pearland Plan Check Fee Inspection Services: Commercial $75/stop Residential $65/stop 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.