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R2023-063 2023-03-06RESOLUTION NO. R2023-63 A Resolution of the City Council of the City of Pearland, Texas, authorizing a general services contract for building inspection services with BBG Consulting, Inc., in the amount of $100,000.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City hereby authorizes a general services contract for building inspection services. Section 2. The City Manager or his designee is hereby authorized to execute a contract for building inspection services in the amount of 100,000.00. PASSED, APPROVED and ADOPTED this the 6th day of March, A.D., 2023. ________________________________ J.KEVIN COLE MAYOR ATTEST: ________________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ________________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: 2FF1F313-1DA6-4BE9-B3C7-F76906610774 Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 1 of 7 City of Pearland 3519 Liberty Drive Pearland, TX 77581 SERVICE CONTRACT NO. RFP 1122-17 Plan Review and Inspections THIS CONTRACT ("Contract") is entered into by and between the City of Pearland, a Texas home- rule municipal corporation (“City”) and Contractor (“Contractor"), and consisting 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: TX BBG Consulting, Inc. 201 Westheimer Road, Suite G Houston, TX 77006 Description of Services: Plan Review and Inspections accordance with specifications of Bid #1122-17 Contract Amount: $100,000 Effective Date: / /23 End Date: Renewals: 4 Resolution No/Bid No: R2023-63 / RFP 1122-17 II. Signatures CITY OF PEARLAND CONTRACTOR Purchasing Officer Date Title: Date: *Signed by: Date Superintendent/Manager Director Deputy/Assistant City Manager City Manager *City Contract Signature Authority: Superintendent/Manager – up to $10,000 Director - $10,001 - $30,000 City Manager/Deputy/Assistant City Manager - $30,001 + City Council Resolution over $50,000 Gary Amato, CAO April 06, 2023 DocuSign Envelope ID: 63980F10-E0F3-4D88-94B0-DD1653200D6C 4/13/2023 | 9:16 AM CDT 4/13/2023 | 9:42 AM CDT Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 2 of 7 III. Standard Contract Provisions WHEREAS, Contractor has bid to provide Services (“Services”) in response to Request for Bid/Proposal or Quote No.1122-17 (“Solicitation”), which Solicitation includes the required scope of work and all specifications and which Solicitation and the Contractor’s bid or proposal response, as applicable, are incorporated by reference in this Contract as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Services in accordance with the attached Scope of Work, as detailed in Attachment A, the content of which is incorporated by reference into this Contract as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Contract is for one year TERM, with performance commencing upon the effective date or the date of issuance of the notice to proceed issued by the Contract Administrator or the Purchasing Division, or upon the performance date listed in the notice to proceed, whichever is later. The parties may mutually extend the Term of this Contract for up to 4 renewals one-year periods (“Option Period(s)”), provided, the parties do so by written amendment prior to the expiration of the original term or the then-current Option Period. The City’s extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Contract is for an estimated amount of $100,000 subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within thirty (30) days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated, in its entirety, by reference into this Contract. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next option period. Invoices will be emailed to the following email address with a copy provided to the Contract Administrator: City of Pearland Attn: Accounts Payable Email: accountspayable@pearlandtx.gov 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Contract, including deductions for non-performance and authorizations for payment. The City’s Contract Administrator for this Contract is as follows: Name: Vanessa Elam Department: Finance Phone: 281-652-1790 Email: velam@pearlandtx.gov 5. Insurance; Bonds. (A) Before performance can begin under this Contract, the Contractor must deliver a Certificate of Insurance (“COI”), as proof of the required insurance coverages, to the City’s Contract Administrator. Additionally, the COI must state that the City shall be provided no less than thirty (30) days’ advance written notice of cancellation, material DocuSign Envelope ID: 63980F10-E0F3-4D88-94B0-DD1653200D6C Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 3 of 7 change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within ten (10) days of the City Manager or his designee’s written request. Insurance requirements are as stated in Attachment C, the entirety of which is incorporated by reference into this Contract. (B) Contractor shall provide any required payment bond, performance bond, or both, prior to commencement of performance under this Contract. The terms, conditions, and amounts of the bonds and appropriate surety information shall be included in the RFB/RFP or as may be added to Attachment C, and such content, the entirety of which, shall be incorporated into this Contract. 6. Purchase Release Order. For multiple-release purchases of Services provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: the authorized City department or division shall send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order shall refer to this Contract, and Services shall not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re- working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item’s bid/proposal price, shall be paid by the Contractor within thirty (30) days of receipt of City’s invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Contract are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Contract shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated therein. Attachment D, the entirety of which, is attached to this is incorporated into this Contract. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Contract including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Contract after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Contract as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this DocuSign Envelope ID: 63980F10-E0F3-4D88-94B0-DD1653200D6C Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 4 of 7 Contract. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor shall perform all work required by this Contract as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors unless the subcontractors were identified in the bid/quote/proposal or approved by the Contract Administrator. 13. Amendments. This Contract may be amended or modified only in writing and executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Co ntract waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Contract must be given by hand delivery, or certified mail, postage prepaid, and is deemed received on the day hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Pearland Attn: Vance Wyly Title: Assistant Director, Community Development Address: 3519 Liberty Dr. Pearland TX, 77581 Phone: 281-652-1742 IF TO CONTRACTOR: TX BBG Consulting, Inc. Attn: Jessica Koehler Address: 201 Westheimer Road, Suite G Houston, TX 77006 Phone: 281-507-0301 17. 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 DocuSign Envelope ID: 63980F10-E0F3-4D88-94B0-DD1653200D6C Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 5 of 7 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. 18. 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 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. 19. 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. 20. Termination. (A) 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. 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. (B) 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 shall provide 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 written notice to the other party, specifying the date of termination. Termination of this Contract pursuant 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. 21. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Contract. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 22. Limitation of Liability. The City’s maximum liability under this Contract is limited to the total amount of compensation listed in this Contract. In no event shall the City be liable for incidental, consequential or special damages. 23. Assignment. No assignment of this Contract by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Contract by the Contractor is of the essence of this Contract, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 24. Severability. Each provision of this Contract is considered to be severable and, if, for any reason, any provision or part of this Contract is determined to be invalid and contrary to DocuSign Envelope ID: 63980F10-E0F3-4D88-94B0-DD1653200D6C Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 6 of 7 applicable law, such invalidity shall not impair the operation of nor affect those portions of this Contract that are valid, but this Contract shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 25. Order of Precedence. In the event of any conflicts or inconsistencies between this Contract, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Contract (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor’s bid response (Exhibit 2). 26. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Contract if required by said statute for items approved by the City Council. 27. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Contract. The applicable law for any legal disputes arising out of this Contract is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Brazoria County, Texas. 28. H.B. 89. In accordance with Chapter 2270 of the Texas Government Code, the signatory executing this contract on behalf of company verifies that the company does not boycott Israel and will not boycott Israel during the term of this contract. This clause is subject to companies with ten or more full time employees and the contract value is $100,000 or more that is to be paid wholly or partially with public funds of the governmental entity. 29. Public Information Act Requirements. This paragraph applies only to Contracts that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, regarding certain entities requirement to provide contracting information to governmental bodies in connection with a public information request, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 30. Entire Agreement. This Contract constitutes the entire agreement between the parties concerning the subject matter of this Contract and supersedes all prior negotiations, arrangements, agreements, and understandings, either oral or written, between the parties. IV. Special Terms and Conditions. none V. Additional Contract Documents Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Insurance and Bond Requirements DocuSign Envelope ID: 63980F10-E0F3-4D88-94B0-DD1653200D6C Incorporated by Reference Only: Exhibit 1: RFB/RFP/Quote No. 1122-17 Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: 63980F10-E0F3-4D88-94B0-DD1653200D6C ATTACHMENT A – SCOPE OF WORK SCOPE OF WORK / TECHNICAL SPECIFICATIONS The City of Pearland (COP) is a local government located near Houston, Texas, serving a population of over 125,000. The City of Pearland currently staffs four (4) full-time inspectors. The average number of inspections over the last three months has been 600 per week. The most recent weekly average plan review has been 75 plan reviews per week. Due to workload and patterns of staff availability, the City’s Inspection Services Division (ISD) seeks to award a contract(s) to a qualified firm(s) to supplement its ability to perform plan reviews and inspections in a timely manner. The successful offeror shall provide the necessary staffing, management, supervision, materials, equipment, supplies and any other incidental items to complete the identified services. No specific work is guaranteed as a result of any contract award resulting from this Request for Proposal. 1.0 GENERAL SPECIFICATIONS/SCOPE OF WORK 1.1 The professional and technical adequacy and accuracy of plan review and inspections will be conducted in a manner consistent with the level of care and skill ordinarily exercised by members of the profession. Firms or organizations are invited to submit a proposal indicating their qualifications for providing said services, pursuant to the specifications herein. 1.2 Under the general direction of the Building Official, the Contractor will provide professional building inspection and plan review services including, but not limited to the following: 1.2.1 Perform building, electrical, mechanical, and plumbing inspections, and plan review for both residential and commercial structures, on an as-needed basis. 1.2.2 Provide the requested inspection services within 24 hours of being notified by the City. 1.2.3 Provide plan review for compliance with the adopted codes and ordinances of the City. 1.2.4 Shall be responsible for the collection and return of plan reviews from the City. 1.2.5 Provide plan review comments back to the City no later than ten (10) business days after receiving construction plans for review. 1.2.6 Contact contractors, architects, engineers, and citizens about construction projects, code questions, and other concerns. 1.2.7 Perform these duties during normal business hours of 8:00 AM to 5:30 PM, CST, Monday through Friday, or as may be altered with mutual agreement. 1.2.8 Be available on phone to answer any comments and questions, that staff or customers may have, address complaints, and resolve problems. 1.2.9 Reports to the Building Official. 1.2.10 Inspection fees must be based on a per stop basis, regardless of the number of disciplines to be inspected at each stop. 1.3 In the event the City must conduct additional plan review or conduct inspections resulting from an error or omission by the Contractor, the Contractor shall reimburse the City for all additional staff hours attributable to the errors. This is in addition to the City’s right to recover from the Contractor damages for the Contractor’s errors and omissions. 1.4 Any re-inspections provided by the Contractor, due to an error or omission by the Contractor will be at no cost to the City. 2.0 QUALIFICATIONS 2.1 Plan Examiners (Building, Electrical, Mechanical, and Plumbing) – Must be certified in the 2018 and 2021 International Building Code Council for all disciplines the examiners review. DocuSign Envelope ID: 63980F10-E0F3-4D88-94B0-DD1653200D6C 2.2 Inspectors (Building, Electrical, Mechanical and Plumbing) – Must be certified in the 2018 and 2021 International Building Code Council for all disciplines the inspector will be responsible for conducting. 2.3 Inspectors (Plumbing) – Are required to be licensed by the Texas State Board of Plumbing Examiners for plumbing inspections that the inspector will be responsible for conducting. 2.4 Personnel shall be fully certified, qualified, trained and experienced prior to beginning services for the City. 2.5 All Personnel shall have the ability to enter, exit and drive a motor vehicle; make clear visual observations; hear alarms on construction sites and on equipment; climb stairs and ladders and use scaffolding; walk a construction site, on roofs, on steel Rebar rods, and over construction materials; step in and out of trenches, and crawl through small spaces. 2.6 Minimum of five (5) years increasingly responsible professional inspection and/or plan review experience. 2.7 Shall be a Certified Plans Examiner. 2.8 The Respondent shall provide a copy of specialty licenses and certifications relevant to the Commercial plan review and inspections services. At all times the respondent shall operate in compliance with the Texas Department of Licensing and Regulation, the Texas State Board of Plumbing Examiners, the City’s Code of Ordinances, the 2018 & 2021 International Code Council (ICC) and the 2017 & 2020 National Electrical Code (NEC). A respondent’s failure to provide any license or certification required by law to perform the services required in this RFP may disqualify the offeror’s proposal. 2.9 Award Restriction: Any firm that has a contract with the City of Pearland for Plan Review and Inspection Services is prohibited from inspecting or reviewing their own work. 3.0 PLAN REVIEW AND INSPECTION CATEGORIES 3.1 New Commercial Construction 3.2 Commercial Build-Out 3.3 Commercial Addition/Alteration 3.4 Building Inspections (All Types) 3.5 Electrical Inspections (All Types) 3.6 Mechanical Inspections (All Types) 3.7 Plumbing Inspections (All Types) 4.0 PROPOSAL REQUIREMENTS Respondents must present their proposal to the Invitation using the following guidelines. 4.1 Provide a cover letter, including the following information (upload to “Response Attachments” tab in the e-bid system): 4.1.1 Provide the philosophy of the firm for providing the service(s); 4.1.2 Number of inspectors/plan reviewers available locally to perform inspections and plan reviews in the City of Pearland, and how many inspections and plan reviews can your firm provide to the City of Pearland per day. 4.1.3 State how quickly assigned inspections/plan reviews can be confirmed and how soon can those inspections/plan reviews be completed after being assigned. DocuSign Envelope ID: 63980F10-E0F3-4D88-94B0-DD1653200D6C 4.1.4 Confirm if COP staff are able to contact inspectors via phone or email and expect a response within one hour. 4.1.5 Firm’s experience with similar type work, qualifications and capacity. 4.1.6 References – provide five (5) references, including project description, name of client/firm, contact information (name, email and phone number) 4.1.7 Qualification of recommended staff; 4.1.8 Include copies of all certifications/licenses; Include number of how many inspectors have Med- Gas Endorsement on their Texas State Plumbing license. 4.1.9 State if your firm will be able to provide overtime inspections after normal work hours and on weekends. 4.2 Provide pricing per the Line Items listed on the Line Items tab in the e-bid system. 4.3 Respond to questions in the Attributes tab in the e-bid system. 4.4 Required documents to be completed (located in “Attachments” tab of the e-bid system). Upload to “Response Attachments” tab in the e-bid system. 4.4.1 Insurance Requirements; 4.4.2 Local Bidder Preference Claim Form; 4.4.3 Non-collusion statement; 4.4.4 Conflict of Interest Questionnaire (note N/A if not applicable); 4.4.5 Contractor Questionnaire; 4.4.6 House Bill 89 Form; 4.4.7 Vendor References. 5.0 EVALUATION FACTORS 5.1 Compliance with proposal requirements, qualifications, best value, delivery, pricing, and the needs of the end user department are all factors which will be considered when evaluating proposals. 5.2 The City reserves the right to accept or reject all or any part of any proposal, waive minor technicalities and award the contract to best serve the interest of the City. 5.3 Proposals that do not conform to the instructions given or which do not address all the services as specified may be eliminated from consideration. The City of Pearland, however, reserves the right to accept such proposal if it is determined to be in the City's best interest to do so. 5.4 The proposal(s) will be scored based on pricing, experience and capacity, technical approach and reference. The City reserves the right to select a proposal(s) other than the lowest cost. The offeror may be required before the award of any contract to show to the complete satisfaction of the City that it has the necessary facilities, ability and financial resources to provide the service specified therein in a satisfactory manner. The offeror may also be required to give a past history and additional references in order to satisfy the City with regard to the offeror's qualifications. 5.5 City of Pearland will use the following criteria in the evaluation process: 30 % Fee Schedule; pricing various tier plan reviews; 40 % Firm’s Experience, Qualifications and Capacity; including demonstrated experience of prior work performed which is illustrative of capability in each of the work areas required herein; and further including documentation provided and maintained to assure compliance with Federal and state requirements, and quality of references demonstrating firm’s expertise. 30% Qualifications of Staff. DocuSign Envelope ID: 63980F10-E0F3-4D88-94B0-DD1653200D6C CONTRACT AWARD 6.1 The City reserves the right to negotiate the final terms and conditions of the contract to be executed. 6.2 In the event the City and the Contractor(s) are unable to agree upon all contract provisions, the City reserves the right to cease negotiations, and select another Vendor, or to reject all Proposals. 6.3 If a Contractor intends to request that the City of Pearland execute a Contractor agreement or contract form in connection with the award of a contract, said form must be submitted with the proposal for review by the City’s legal counsel during the evaluation of proposals. 6.4 It shall be understood by all parties that all specifications herein, and responses by Offerors hereto, shall apply to, and be construed as a binding part of, any contract awarded as a result of this RFP. 6.5 Offerors are cautioned to read the proposed contract carefully, as it will be binding on both parties once the written award and acceptance of a proposal is made by the City. 7.0 TYPE OF CONTRACT The City contemplates award of a unit price contract resulting from this solicitation. It is a non-exclusive contract; the City may award additional contracts to additional Contractors at its discretion. 8.0 APPROVAL OF RESULTANT CONTRACT The contract, which may result from this solicitation, may be subject to approval by Pearland City Council and may be neither executed nor binding until so approved. 9.0 COSTS INCURRED BY RESPONDENT The City will not be responsible, under any circumstances, for any submittal preparation costs or other costs incurred by any Offeror before the execution of a contract between the City and the successful Offeror. DocuSign Envelope ID: 63980F10-E0F3-4D88-94B0-DD1653200D6C ATTACHMENT B – BID/PRICING SCHEDULE RFP 1122-17 Plan Review and Inspections Description UOM Unit PLAN REVIEW SERVICES EA Commercial (less than $1,000,000) - list % of the City of Pearland Plan Check Fee EA 30% of permit fee Commercial (less than $1,000,001 and Over) - list % of the City of Pearland Plan Check Fee EA 30% of permit fee Residential - list % of the City of Pearland Plan Check Fee EA 30% of permit fee INSPECTION SERVICES EA Commercial - list rate per stop EA $45 Residential - list rate per stop EA $45 DocuSign Envelope ID: 63980F10-E0F3-4D88-94B0-DD1653200D6C DocuSign Envelope ID: 63980F10-E0F3-4D88-94B0-DD1653200D6C SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 4/6/2023 RBN Insurance Services 303 E Wacker Dr Ste 650 Chicago IL 60601 Symone White 312-856-9400 312-856-9425 swhite@rbninsurance.com Hartford Fire Insurance Co.19682 SAFELLC-01 Hartford Casualty Insurance Co 29424TXBBGConsulting,Inc. 201 Westheimer Rd.Ste G Houston TX 77006 Great American E&S Ins.Co.37532 Bridgeway Insurance Company 12489 Twin City Fire Insurance Co.29459 Lexington Insurance Company 19437 683135818 A X 1,000,000 X 1,000,000 10,000 1,000,000 2,000,000 X Y Y 83UENZV3951 10/3/2022 10/3/2023 2,000,000 B 1,000,000 X X X Y Y 83UENPY9100 10/3/2022 10/3/2023 D F X 10,000,000 X 8E-A7-XL-0002079-01 011170903 10/3/2022 10/3/2022 10/3/2023 10/3/2023 10,000,000 X 0 E X N Y 83WECE0623 5/31/2022 5/12/2023 1,000,000 1,000,000 1,000,000 C Professional Liability TER 4495168 10/3/2022 10/3/2023 Each Claim/Aggregate 10,000,000 RE:Service Contract No.RFP 1122-17 City of Pearland is an Additional Insured on a primary and non-contributory basis as respects the General Liability and Auto Liability as required by written contract or agreement.A Waiver of Subrogation applies in favor of the Additional Insured as respects the General Liability,Auto Liability,and Workers Compensation as required by written contact or agreement.30 day notice of cancellation. City of Pearland 3519 Liberty Drive Pearland TX 77581 DocuSign Envelope ID: 63980F10-E0F3-4D88-94B0-DD1653200D6C