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R-2015-199 2015-11-09RESOLUTION NO. R2015-199 A Resolution of the City Council of the City of Pearland, Texas, amending a fixed unit rate contract for building plan review and inspection services with MiKayla Architects, not to exceed the maximum amount of $180,000.00 and extending the expiration of the contract to September 30, 2016. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain amended 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 9th day of November, A.D., 2015. ATTEST: APPROVED AS TO FORM: A,• DA . RFN M. COKER CITY ATTORNEY TOM REID MAYOR Resolution No. R2016-199 Exhibit "A" EXHIBIT A CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into on June 8, 2015 as amended November 9, 2015 by and between the City of Pearland ("CITY") and Mikayla Architects ("CONSULTANT"). The CITY engages the CONSULTANT to perform professional services for a project known and described as Commercial Construction Plan Review ("PROJECT"). 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 provide construction plan review services and inspection services as requested by the City. See Task A, B, C & D attached, for a detailed SCOPE OF WORK and PROJECT schedule. The PROJECT shall be completed within the scheduled included in Task A, B, C & D. B. The CONSULTANT shall prepare and submit a detailed work order/invoice for each plan review project submitted to the City. 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 plan review and inspection comments in both hard copy and electronic format. All other documents shall be Microsoft Office and/or Adobe Acrobat 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. E. The CONSULTANT recognizes that all work products 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. -1- 10. Revised 5.22.2015 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. -2- 10. Revised 5.22.2015 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 upon written notice by the City. SECTION III - CONSULTANT'S COMPENSATION A. The method of payment for this CONTRACT is lump sum not to exceed rate. Total compensation for the services performed shall 75% of the plan review fee collected by the City for each review and the inspection fees listed in Task C & D. B. The CITY shall pay the CONSULTANT in installments based upon work orders completed. City will issue requests for work orders as needed with the City obligated to make lump sum payments for specific work orders. Cumulative compensation is not obligated to but shall not exceed $ 180,000.00 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 upon delivery of review comments to the City. SECTION IV - THE CITY'S RESPONSIBILITIES A. The CITY's designee shall be the Building Official during the term of this CONTRACT. The Building Official 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 Building Official. -3- 10. Revised 5.22.2015 B. The CITY shall review submittals by the CONSULTANT and provide prompt response to questions to minimize delay in the progress of the CONSULTANT'S work. 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 4829 Briarbend Drive, Houston Texas 77035. 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 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 15th 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. 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 CONTRACTOR 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, attomey'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. -4- 10. Revised 5.22.2015 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. SECTION VIII- SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto. The parties have executed this CONTRACT this 8th day of June, 2015. Amended November 9. 2015 Y OF EARLAND, TEXAS 111 a'�`--� - Michael Herman. CONSULTANT -5- 10. Revised 5.22.2015 TASK ORDER A A. Scope of Services: Commercial Plan Review Services for the City of Pearland 1. Mikayla Architects will review assigned Commercial Construction Documents for compliance with the following codes, or newer version as adopted by City Council.: International Building Code 2012 Edition International Plumbing Code 2012 Edition International Mechanical Code 2012 Edition International Fuel Gas Code 2012 Edition International Energy (IECC) Code 2012 Edition National Electrical Code 2011 Edition a. Plan submittals will be picked -up within 24 hours of being notified by the City b. Reviews will be completed within ten (10) business days c. A Plan Review Report will be provided to the City Documents provided by the owner: Construction Documents City Permit Application B. Compensation: Fees for services described in Section A. 1. 75% of the Plan Review Fee collected by the City -6-- 10. Revised 5.22.2015 (Based on the City's permit fee schedule revised 2/25/2015) TASK ORDER B A. Scope of Services: Residential Plan Review Services for the City of Pearland 1. Mikayla Architects will review assigned Residential Construction Documents for compliance with the following codes: International Residential Code 2012 Edition International Energy (I ECC) Code 2012 Edition a. Plan submittals will be picked -up within 24 hours of being notified by the City b. Reviews will be completed within ten (10) business days c. A Plan Review Report will be provided to the City Documents provided by the owner: Construction Documents City Permit Application B. Compensation: Fees for services described in Section A. 1. 75% of the Plan Review Fee collected by the City (Based on the City's permit fee schedule revised 2/25/2015) -7- 10. Revised 5.22.2015 TASK ORDER C A. Scope of Services: Residential Inspection Services for the City of Pearland 1. Mikayla Architects will inspect assigned Residential Construction for compliance with the following code: International Residential Code 2012 Edition a. Inspection services will be completed within 24 hours of being notified by the City. b. Inspections services will be completed during normal business hours of 8:00 AM to 5:30 PM, Monday through Friday. B. Compensation: 1. Fees for services described in Section A. a. Inspection Fee: $425.00 b. Re -inspection Fee: $125.00 Inspection fees are based on a per stop basis, regardless of number of disciplines to be inspected at each stop. -- 10. Revised 5.22.2015 TASK ORDER D A. Scope of Services: Commercial Inspection Services for the City of Pearland 1. Mikayla Architects will inspect assigned Commercial Construction for compliance with the following codes: International Building Code International Plumbing Code International Mechanical Code International Fuel Gas Code International Energy (1ECC) Code National Electrical Code 2012 Edition 2012 Edition 2012 Edition 2012 Edition 2012 Edition 2011 Edition a. Inspection services will be completed within 24 hours of being notified by the City. b. Inspections services will be completed during normal business hours of 8:00 AM to 5:30 PM, Monday through Friday. B. Compensation: 1. Fees for services described in Section A. a. Inspection Fee: < 5,000 SF 5,001 SF- 10,000 SF > 10,000 SF $425.00 $525.00 $625.00 b. Re -inspection Fee: $125.00 -9- 10. Revised 5.22.2015 Inspection fees are based on a per stop basis, regardless of number of disciplines to be inspected at each stop. -10- 5.22.2015 10. Revised