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Home My WebLink AboutC2019-002.3 - Brown & Associates THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND BROWN &ASSOCIATES CERTIFIED INSPECTION SERVICE, INC. THIS THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this "Third Amendment") is entered into as of November 17, 2020, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town") and Brown & Associates Certified Inspection Service, Inc., an Arizona corporation(the"Consultant"). RECITALS A. The Town and the Consultant entered into a Professional Services Agreement, dated July 1, 2018, as amended by that First Amendment, dated September 1, 2018, and that Second Amendment, dated May 8, 2019 (collectively, the "Agreement"), for the Consultant to provide the on-call plan review and inspection services. All capitalized terms not otherwise defined in this Second Amendment have the same meanings as contained in the Agreement. B. The Town has determined that additional on-call plan view inspection services by the Consultant are necessary(the"Additional Services"). C. The Town and the Consultant desire to enter this Third Amendment to provide for the increase in compensation to the Consultant for the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Consultant hereby agree as follows: 1. Scope of Work. The Contractor shall provide the Additional Services as set forth in the Fee Proposal, attached hereto as Exhibit A and incorporated herein by reference. 2. Compensation. The Town shall increase the compensation to Consultant by $35,000.00 for the Additional Services, resulting in an increase of the annual not-to-exceed compensation amount from $100,000.00 to $135,000.00 and the aggregate not-to-exceed compensation from$115,000.00 to $150,000.00. 1 3. Effect of Amendment. In all other respects,the Agreement is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the Agreement shall remain in full force and effect. 4. Non-Default. By executing this Third Amendment, the Consultant affirmatively asserts that (i) the Town is not currently in default, nor has it been in default at any time prior to this Third Amendment,under any of the terms or conditions of the Agreement and(ii) any and all claims, known and unknown, relating to the Agreement and existing on or before the date of this Third Amendment are forever waived. 5. Israel. Consultant certifies that it is not currently engaged in, and agrees for the duration of this Agreement that it will not engage in a "boycott," as that term is defined in Ariz. Rev. Stat. § 35-393, of Israel. 6. Conflict of Interest. This Third Amendment and the Agreement may be cancelled by the Town pursuant to ARIZ. REV. STAT. § 38-511. [SIGNATURES ON FOLLOWING PAGES] 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. "Town" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation 'I.4� \A;:k..itA...%4 tom./ 1 Grady E. Mi er, To n Manager ATTEST: Eliz beth A. r e, Town Clerk APPROVED AS TO FORM: Aaron D. Arnson, Town Attorney (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On /rot-17 / , 2020, before me personally appeared Grady E. Miller, the Town Manager of the TOWN OF FOUNTAIN HILLS,an Arizona municipal corporation,whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed the above document, on behalf of the Town of Fountain Hills. , EuzABE'rH A.8 s �••� norery pufc. n�i Notar is ? '`k y'�1\ MARICOPA cf.,d'i'r' Commission 15ss5a.; (Affix nota piresAugust 1a.2( [SIGNATURES CONTINUE ON FOLLOWING PAGE] 3 2019-002.3 "Consultant" BROWN&ASSOCIATES CERTIFIED INSPECTION SERVICE,INC. a(n)Arizona corporation By: ,v .ic41'0/7: Et Z-LA..) Name:j / L/jj, x- . pt.lit Title: 0/1)M 4t 66 JAIL-As STATE OF ARIZONA) ss. COUNTY OF MARICOPA ) On NdVeriber 1th , 2020, before a personally appeared M4I:nd9 R. (Jjro wn , the Sec ref4 /wnsr of BROWN & ASSOCIATES CERTIFIED INSPECTION SERVICE, INC., n) Arizona corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he/she claims to be, and acknowledged that he/she signed the above document on behalf of the corporation. illoollbAkidhollendinamlawilmal 1 �t 4 ADAMGUNN 4 ; Notary Public-Arizona 4 5y� � Maricopa County �.uk My Comm.Expires Jul 27,2021 ' *1// ' Notary Public (Affix notary seal here) [Fee Proposal] See following pages. 4 EXHIBIT A TO THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND BROWN &ASSOCIATES CERTIFIED INSPECTION SERVICE, INC. [Fee Proposal] A. BUILDING PLAN REVIEW SERVICES BROWN &ASSOCIATES shall provide as needed BUILDING PLAN REVIEW SERVICES to assure compliance with Codes and Ordinances as adopted by the Town of Fountain Hills. Review time for plans shall be in accordance with the following table. PROJECT TYPE I SIZE STANDARD EXPEDITED REVIEW REVIEW Single Family Residential 5 to 10 5 Multi-family Residential 5 to 10 5 Commercial to 75,000 sq. ft. 10 5 Commercia175,001 to 150,000 sq. ft. 12 to 15 7 Commercial greater than 150,000 sq. ft. 15 8 Warehouse 150,001 to 500,000 sq. ft. 20 10 Warehouse 500,001 to 1,000,000 sq. ft. 30 15 Fire Protection Systems 5 to 10 5 Plan Review fees as determined by the current ICC Building Valuation Table and Permit Fee Table 1-A or the most current fee structure adopted by the Town of Fountain Hills. Plan Review Services shall include two evaluations for code compliance in the following categories; Architectural, Structural, Mechanical, Plumbing, Electrical, Model Energy, Life Safety and Accessibility. Fire and Civil Review, subsequent reviews, deferred submittals, and revisions to plans are charged hourly. B. BUILDING INSPECTION SERVICES BROWN &ASSOCIATES shall provide BUILDING INSPECTION SERVICES to assure compliance with Codes and Ordinances as adopted by the Town of Fountain Hills. For services described in EXHIBIT A, the Town of Fountain Hills shall pay Brown&Associates a fee of 75% of the building plan check fees determined by the current ICC Building Valuation Table and Permit Fee Table 1-A or the most current fee structure adopted by the Town of Fountain Hills. Fire and Civil reviews, third and subsequent, deferred submittals, and revisions to approved plans are subject to additional plan review fees at hourly rates listed below. Payment will be made on a monthly basis from invoices provided to the Town. HOURLY RATES Building Official $100 Fire Marshal $100 Project Manager $100 Structural Engineer $95 Fire Protection Engineer $90 Civil Engineer $90 Senior Plans Examiner $90 Senior Building Inspector $90 Building Inspector $80 Senior Permit Specialist $60 Clerical I Administration $50 Expedited plan review services are available at twice the calculated or hourly rate, as agreed upon at acceptance of project. Expedited,before or after hour, weekend and holiday inspection services are available for one and a half times the regular hourly rates,with a three-hour minimum. Brown&Associates Holiday Schedule include: New Year's Day, Presidents Day, Memorial Day, Independence Day, Labor Day,Thanksgiving Day, and Christmas Day. We will be available at our regular hourly rates on Town Holidays not observed by Brown&Associates. EXHIBIT A TO THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND BROWN&ASSOCIATES CERTIFIED INSPECTION SERVICE, INC. [Fee Proposal] A. BUILDING PLAN REVIEW SERVICES BROWN&ASSOCIATES shall provide as needed BUILDING PLAN REVIEW SERVICES to assure compliance with Codes and Ordinances as adopted by the Town of Fountain Hills. Review time for plans shall be in accordance with the following table. PROJECT TYPE 1 SIZE STANDARD EXPEDITED REVIEW REVIEW Single Family Residential 5 to 10 5 Multi-family Residential 5 to 10 5 Commercial to 75,000 sq. ft. 10 5 Commercia175,001 to 150,000 sq. ft. 12 to 15 7 Commercial greater than 150,000 sq.ft. 15 8 Warehouse 150,001 to 500,000 sq. ft. 20 10 Warehouse 500,001 to 1,000,000 sq. ft. 30 15 Fire Protection Systems 5 to 10 5 Plan Review fees as determined by the current ICC Building Valuation Table and Permit Fee Table 1-A or the most current fee structure adopted by the Town of Fountain Hills.Plan Review Services shall include two evaluations for code compliance in the following categories; Architectural, Structural, Mechanical, Plumbing, Electrical, Model Energy, Life Safety and Accessibility. Fire and Civil Review, subsequent reviews, deferred submittals, and revisions to plans are charged hourly. B. BUILDING INSPECTION SERVICES BROWN&ASSOCIATES shall provide BUILDING INSPECTION SERVICES to assure compliance with Codes and Ordinances as adopted by the Town of Fountain Hills. For services described in EXHIBIT A, the Town of Fountain Hills shall pay Brown&Associates a fee of 75%of the building plan check fees determined by the current ICC Building Valuation Table and Permit Fee Table 1-A or the most current fee structure adopted by the Town of Fountain Hills. Fire and Civil reviews, third and subsequent, deferred submittals, and revisions to approved plans are subject to additional plan review fees at hourly rates listed below. Payment will be made on a monthly basis from invoices provided to the Town. HOURLY RATES Building Official $100 Fire Marshal $100 Project Manager $100 Structural Engineer $95 Fire Protection Engineer $90 Civil Engineer $90 Senior Plans Examiner $90 Senior Building Inspector $90 Building Inspector $80 Senior Permit Specialist $60 Clerical I Administration $50 Expedited plan review services are available at twice the calculated or hourly rate, as agreed upon at acceptance of project. Expedited,before or after hour, weekend and holiday inspection services are available for one and a half times the regular hourly rates,with a three-hour minimum. Brown&Associates Holiday Schedule include: New Year's Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. We will be available at our regular hourly rates on Town Holidays not observed by Brown&Associates.