21 ContractCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department-
Presented By:
Agenda Item No.:
1/22/09
Community
Lisa A. Wright, Director of
21.
Council Date:
Development
Community Development
1 /26/09
RECOMMENDED MOTION:
Move to approve a resolution authorizing the execution of a professional services agreement with
Bureau Veritas North America, Inc. for plan review and inspection services and authorizing the City
Manager to negotiate and execute all necessary documents.
POLICY ISSLTE(S):
Contract
BACKGROUND:
The Chief Building Official has given his notice and his last day with the City of Paris will be Friday,
January 23. Until such time as a qualified replacement can be recruited and hired, it is necessary that the
City enter into an agreement with a private firm to perform plan reviews and inspections.
The City has contacted Bureau Veritas, which is an internationally respected firm that performs primary
or special project plan review and inspection services in cities across Texas (including Denison,
Commerce, and Sulphur Springs). The City Manager has had positive experience with their predecessor
company performing complete plan review and building inspection services. All relevant city staff have
met with the Bureau Veritas inspectors who will primarily be handling the inspections for Paris and
reviewed with them the City's policies, procedures, and outstanding issues.
The proposed contract will cover all building-related services from initial plan review to final inspection
and will include every nature of inspection requested by contractors. The agreement does not reyuire us
to use them for everything that comes in the door, but rather the City will have the freedom to contact
another individual for inspections or use appropriate City staff as we desire, e.g. as in the event there is a
need for an emergency inspection and Bureau Veritas cannot respond yuickly enough. Plan review is
anticipated to take between 2 and 10 days, depending on the complexity of the project, and inspections
are typically performed within 24 hours. However, occupied dwellings for which a gas inspection is
needed in order to restore service are given a higher priority and are often completed the same day.
If the City approves the agreement, a meeting with all known local contractors will be held on Friday,
January 30 to acquaint the contractors with the inspectors and to discuss with them the application and
inspection process.
BOARD/COMMISSION RECOMMENDATION:
EXHisiTS:
Master Contract; Performance Standards
ACTION:
BUDGET INFO:
❑
Financial Report ❑ Minute Order
Expense
$
❑
Depariment Report ~ Resolution
Budgeted Amt
$0.00
❑ Presentation
❑ Ordinance
yTD Actual
$
❑ Public Hearing
❑ Other
Acct Name
Acct Number
City of Paris Revised 2/04/08
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FISCAL NOTES:
The fees collected by the City are not sufficient to cover the costs of using a third party; however, it is
anticipated that this service will only be temporary during the search for a new Chief Building Official
and the salary savings will help offset the Bureau Veritas fees. The City's fee structure and Bureau
Veritas' service will be evaluated to determine the feasibility of using a third party on a permanent basis.
REVIEWED AND APPROVED BY:
0 Aclministradon E City Clerk 2 Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court [D Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities
City of Paris
Revised 2/04/08
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DRAFT
f:attorney\reswork\current\Bureau Veritas Contract - Bldg. Inspector Res 2009
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS;
APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT
WITH BUREAU VERITAS FOR PLAN REVIEW AND BUILDING INSPECTION
SERVICES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO
THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council has been made aware of the resignation of the current
Building Official for the City of Paris effective January 23, 2009; and,
WHEREAS, in order to continue providing plan review and inspection services to
the citizens of Paris, it is necessary for the City to enter into a contract with Bureau Veritas,
a third-party plan review and building inspection services company, to provide these
services for the City of Paris on a fee basis; and,
WHEREAS, a copy of the Contract is attached hereto and incorporated herein as
Exhibit "A", should in all things be approved, and the City Manager should be authorized
and directed to execute said Agreement on behalf of the City of Paris.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PARIS, TEXAS, THAT:
Section 1. The findings set out in the preamble to this resolution are hereby in
all things approved.
Section 2. The City Council approves the City of Paris entering into a Contract
with Bureau Veritas for plan review and building inspection services in a form substantially
similar to the form attached hereto as Exhibit "A."
Section 3. The City Manager be, and he is hereby authorized and directed to
execute and negotiate all necessary documents on behalf of the City of Paris to effectuate
this Agreement.
Section 4. This resolution shall be effective immediately upon passage.
DULY PASSED AND APPROVED this 26th day of January, 2009.
Jesse James Freelen, Mayor
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ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
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7026
MASTER CONTRACT FOR PLAN REVIEW AND INSPECTION SERVICES
This Agreement is for plan review and inspection services provided by Bureau Veritas North America Inc.,
(herein called "BVNA"), far the City of Paris Texas (Jurisdiction). BVNA will have a contract for Third Party Plan
Review and Inspection of Residential and Commercial Projects.
BVNA and the representatives of BVNA are charged as the Department of Building Safety for the provisions of the
Jurisdiction's Adopted Building Code, Residential Code, Mechanical Code, Electrical Code, Plumbing Code, and
Energy Code as defined by the 2003 International Building Code as published by the International Code Council.
BVNA and the representatives of BVNA are charged with the enforcement of the provisions of the Jurisdiction's
Building Code, Residential Code, Mechanical Code, Electrical Code, Plumbing Code, and Energy Code acting in
good faith and without malice in the discharge of the duties required by these codes or other pertinent law or
ordinance shall not thereby be rendered personally liable for damages that may accrue to persons or property as a
result of an act or by reason of an act or omission in the discharge of such duties.
Plan Review
Plan Review services shall be conducted as required by the Jurisdiction's Building Code, Residential Code,
Mechanical Code, Electrical Code, Plumbing Code, Energy Code, and other provided documents as approved by the
Jurisdiction. Applicants will be notified of Plan Review Comments and are responsible for addressing comments to
the satisfaction of the Jurisdiction. The Jurisdiction has final interpretive authority over all plans and specifications.
Permits are issued by the Jurisdiction.
Inspections
Inspection services shall be conducted as required by the Jurisdiction's Building Code, Residential Code,
Mechanical Code, Electrical Code, Plumbing Code, and Energy Code. Special inspections as specified in chapter 17
of the 2003 International Building Code are not included and may be required as specified in the 2003 International
Building Code. Any violations of the Jurisdiction's codes or concealment of any work prior to approval by BVNA
will be reported to Lisa Wright, Director of Community Development, City of Paris, Texas, or such other person as
may be designated by the Jurisdiction. The Director of Community Development for the Jurisdiction is the final
interpretive autharity and the Certificate of Occupancy will be issued at the discretion of the Jurisdiction.
Fire Code Services
Fire Sprinkler and Fire Alarm plan review and inspections will be conducted in accordance with the Jurisdiction's
adopted Fire Code.
Fees
In exchange for the services, the Jurisdiction will pay to BVNA fees according to the schedule attached hereto and
incorporated herein for all purposes on Exhibit A, ("Fee Schedule"). The Jurisdiction will be billed for services
rendered monthly, due Net 30.
Hold Harmless
Jurisdiction agrees to hold BVNA and its employees, affiliates, officers and directors, harmless against all claims,
suits, fines and penalties, including attorney's fees and other costs of settlement and defense, when such liabilities
arise out of or are related to this Agreement or the Services, except to the extent that they are caused by BVNA's
gross negligence or willful conduct. Provided, however, nothing in this paragraph shall be deemed or interpreted to
be a waiver of the Jurisdiction's sovereign immunity or governmental immunity, or as a waiver of official immunity
or qualified immunity by an officer, elected official or employee of the Jurisdiction.
EXHIBIT ..L
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Risk Allocation and Limitation of Lia6ility
BVNA agrees to release, indemnify and hold the Jurisdiction, its elected officials, officers and employees harmless
against all claims, suits, fines and penalties, including attorney's fees and other costs of settlement and defense,
when such liabilities arise out of or related to this Agreement or the Services, and to the extent that they are caused
by BVNA's gross negligence and/or willful misconduct. Jurisdiction agrees that in no instance shall BVNA be
responsible, in total or part, for the errors or omissions of any professional contractor, subcontractor or any other
party not hired or retained by BVNA. Jurisdiction also agrees that BVNA shall not be responsible for the means,
methods, procedures, performance or safety of the construction contractors or subcontractors, or for their errors or
omissions.
Resolution of Disputes
All claims, disputes, controversies or matters in question arising out of, or relating to, this Agreement or any breach
thereof, including but not limited to disputes arising out of alleged design defects, breaches of contract, errors,
omissions, or acts of professional negligence, (collectively "Disputes") shall be submitted to mediation before and as
a condition precedent to pursuing any other remedy. Upon written request by either party to this Agreement for
mediation of any dispute, Jurisdiction and BVNA shall select a neutral mediator by mutual agreement. Such
selection shall be made within ten (10) business days of the date of receipt by the other party of the written request
for mediation. In the event of failure to reach such agreement or in any instance when the selected mediator is
unable or unwilling to serve and a replacement mediator cannot be agreed upon by Jurisdiction and BVNA within
ten (10) business days, a mediator shall be chosen as specified in the Construction Industry Mediation Rules of the
American Arbitration Association then in effect, or any other appropriate rules upon which the parties may agree.
Should either party to this Agreement commence any legal action against the other party arising out of this
Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs,
expert witness fees, discovery expenses, and attorney's fees.
Assigns
Neither party may assign this Agreement or any right or obligation hereunder without the prior written consent of the
other party, which shall not be unreasonably withheld or delayed; provided, however, that no consent shall be necessary
in the event of an assignment to a successor entity resulting from a merger, acquisition or consolidation by either party or
an assignment to an Affiliate of either party if such successor or Affiliate assumes all obligations under this Agreement.
Any attempted assignment, which requires coosent hereunder, shall be void and shall constitute a material breach of this
Agreement if such consent is not obtained.
Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. This contract
will be performed in Lamar County, Texas, any dispute or cause of action arising from this Agreement, or from the
Services to be performed by BVNA shall lie exclusively in Lamar County, Texas.
Third Party Beneficiary
It is expressly understood & agreed that the enforcement of these terms and conditions shall be reserved to
Jurisdiction and BVNA. Nothing contained in the agreement shall give or allow any claim or right of action
whatsoever by any third person. It is the express intent of Jurisdiction and BVNA that any such person or entity,
other then Jurisdiction or BVNA, receiving services or benefits under this agreement shall be deemed an incidental
beneficiary.
Non-Solicitation / Hiring of Employees
To promote an optimum working relationship, Jurisdiction agrees in good faith not to directly or indirectly employ
or otherwise engage any employee of BVNA or any person employed by BVNA, within the prior six month period
without the prior written consent of BVNA. This restriction shall apply during the term of and for a period of one
(1) year after the termination of this Agreement. Jurisdiction further agrees that loss of any such employee would
BV I&F NA_#5 (Rev. 5.12006)
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involve considerable financial loss of an amount that could not be readily established by BVNA. Therefore, in the
event that Jurisdiction should breach this provision and without limiting any other remedy that may be available to
BVNA, Jurisdiction shall pay to BVNA a sum equal to the employee's current annual salary plus 12 additional
months of the employee's current annual salary for training of a new employee as liquidated damages.
Interpretation of Agreement
This Agreement shall be interpreted as though prepared by all parties and shall not be construed unfavorably against
either party.
Performance Guidelines
BVNA shall provide certified and licensed persons for the enfarcement of the adopted codes and ensure that all
permits and inspections will be processed in a timely manner, consistent with the administration section of said
codes. BVNA shall provide plan review and inspection services for Jurisdiction in accordance with the terms and
provisions of this agreement and Performance Standards attached hereto and incorporated herein as Exhibit "C".
Termination
This agreement may be terminated without penalty by either party with 60 days written notice. Upon receipt of
notice to terminate this Agreement, BVNA shall complete all pending applications, plan review and/or inspection
services and return all files, plans, permits or other documents to the City of Paris, Texas c/o Community
Development Department, P.O. Box 9037, Paris, Texas 75461-9037.
Notice
Any notice required to be given under this Agreement shall be delivered by courier or by First Class U.S. Mail to the
following:
`City of Paris, Texas, attention Director of Community Development, 150 IS` Street SE, Paris Texas 75460'.
` Bureau Veritas, NA. Division Director, 1000 Jupiter Road, Suite 800, Plano, Texas 75074'.
Representative of Bureau Veritas North America lnc. Title
Print Name Date
Jurisdiction
Representative of Jurisdiction Title
Print Name Date
BV I&F NA_#5 (Rev. 5.1.2006)
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EXHIBIT A
FEESCHEDULE
Commercial and Multi-Famil construction lan review*
Valuation
Fee
$1.00 to $10,000.°°
$50 00
$10,001.00 to $25
000.00
$70.69 for the first$ $10,000.°° plus $5.46 for each
,
additional $1000.
00 00
$25,001. to $50
000.
$152.59 for the first $25,000.00 plus $3.94 for each
,
additional $1000.00
$50,001.00to $100
000.00
$251.09 for the fi ost $50,000.0° plus $2.73 far each
,
additional $1000.
000. oo
$100,001.00 to $500
$387.59 for the first $
00,000.°° plus $2.19 for
,
0
each additional $1000.
000, oo
$500
001.00 to $1
000
$1,263.59 for the first~500,000.°° plus $1.85 for
,
,
,
each additional $1000.
$1,000,001.00 and up
$2,188.59 for the first $1,000,000.°° plus $1.23
00
for each additional 1000.
Single Family Residential construction plan review and inspection*
Commercial and Multi-Famil construction ins ection*
Valuation
Fee
$1.00 to $10,000.°°
$76.92
$10,001.00 to $25,0000
$108.75 for the first $10,000.°° plus $8.40 for each
additional $1000.00
$25,001.00 to $50,000.00
$234.75 for the fi~t $25,000.00 plus $6.06 for each
additional $1000.
$50,001.00to $100,000.00
$386.25 for the fioot $50,000.00 plus $4.20 for each
additional $1000.
$100,001.00 to $500,000. oo
$596.25 for the first $~00,000.°° plus $3.36 for
each additional $1000.
$500,001.00 to $1,000,000.
$1,940.25 for the first $500,000.00 plus $2.85 for
each additional $1000.00
$1,000,001.00 and up
$3,365.25 for the first $1,000,000.°° plus $1.89
for each additional 1000.00
*All fees billed upon issuance of the permit by the jurisdiction.
BV I&F NA_#5 (Rev. 5.1.2006)
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Exhibit B
Fee Schedule
Fire Code Plan Review Services (fire__alarm and sprinkler svstem
Up to $250,000
$500
$251,000 to $500,000
$850
$501,000 to $1,000,000
$1,100
$1,001,000 to $3,000,000
$1,600
$3,001,000 to $6,000,000
$2,400
$6,001,000 and up
$2,400 plus $0.25 for each additional $1,000
Fire Code Inspection Services (fire alarm and sqrinkler svstem
Up to $250,000 $ 750
$251,000 to $500,000 $1,050
$501,000 to $1,000,000 $1,350
$1,001,000 to $3,000,000 $1,900
$3,001,000 to $6,000,000 $2,850
$6,001,000 and up $2,850 plus $0.25 for each additional $1,000
- Value is total value of project
BV I&F NA_#5 (Rev. 5.12006)
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Exhibit C
Performance Standards
Plan Review
Bureau Veritas has been providing building safety plan review and inspection services to numerous
jurisdictions throughout the country. With our extensive experience working with city planning,
engineering, fire, environmental health, and public works staff, we have developed a sound
understanding of the city's procedures and philosophy which is focused on meeting the needs of the
clients.
We have a team of ICC-certified plans examiners available to work on the project immediately. Since we
have personnel who specialize in and are fully dedicated to municipal plan review and inspection
services, the request for Third-Party Construction Plan Review/Inspection Services are specialties of our
firm and not subordinate to design, engineering, or construction tasks.
Commercial and Multi-family Experience
The Bureau Veritas Texas team is currently working on several commercial and multi-family
developments with a combined construction valuation exceeding one (1) billion dollars. Because of our
depth of experience on such projects, we understand the critical need to work closely with City staff and
the Owner and their design and construction team to fast-track the plan review process consistent with
the requirements of City of Paris' adopted codes and design review procedures. This experience, along
with a strong and qualified team, was essential to meeting the ambitious deadlines of our many projects
throughout North America. During the course of construction, BV accommodated and met tight deadlines
for reviews of the foundation. We also evaluated alternate means and methods requests in our code
analysis of the building structures. As part of our services, BV worked diligently with the design and
construction team on phased submittals.
A High Level of Responsiveness
We understand that some projects may be a fast-track projects requiring a high level of responsiveness.
Our solutions as outlined in the plan review pertormance standards will carefully be re-engineered as
necessary to ensure that the projects stays on schedule. We will work with the City to resolve any
deviations from referenced codes in a proactive manner. There will be a key contact person assigned to
each function; however, we have multiple certified individuals designated in the plan review division.
BV will work within the City's system to create an extension of its staff. Clarifications of comments on
code sections or review comments can be answered directly by BV, thus providing the customer quick
resolution of the items so review can be completed without burdening the city.
Web-Based Comprehensive Project Tracking
Construction projects require a solid and secure project tracking tool or software. We have a web-based
project tracking system, Bureau Veritas Application Suite, which offers comprehensive features to easily
record, process, track, and report all phases of the plan review process. BV Application Suite provides an
effective tool to issue and track a variety of permits and associated administrative, plan review, and
inspections tasks. Various city departments can use this system to record and track all tasks from
preliminary review to final approval.
Plan Review Procedure Implementation
Consistency, responsiveness, and efficiency of our plan review team are key components of our
approach.
BV I&F NA_#5 (Rev. 5.12006)
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Plan Review Work Process And Project Tracking
From our experience on similar projects, we have found that there must be a coordinated effort and
responsibility to review, track, and coordinate all plans submitted. This is especially critical on fast-track
and design-build projects where plans are not submitted as a complete package and incremental
approvals may be given. To help assure that submittals from the design team are properly handled, the
BV Team has established an internal plan review coordination process to assure that each plan received
is properly processed and returned on time. The well-proven process includes the use of our web-based
project tracking system. Upon receipt of the plans and addenda, our permit staff will enter the submittals
into the BV Application Suite. The plans examiner will post the status of each submittal and attach any
plan review correction report or project documents, if applicable.
Timely Pertormance
Because we have a team of multi-disciplined Plans Examiners, Bureau Veritas is able to perform the
initial plan review and submit comments, if required, within the following time frames:
Nun*erof Da
Type of Plan
Initial tiirieirv
fflprking Days)
Rechreck
arkin Ds s
Residential: One and two family
residential and Townhomes
Within 2
Within 1
Commercial: Finish-outs and
Remodels
Within 5
Within 2
Commercial: New, Standard
Within 7
Within 3
Commercial: New, Com lex
Within 10
Within 5
Projects with comments will be put into a"client response" phase. BV will be available to answer any
questions pertaining to the review.
Electronic Document Submittal and Archive (EDSA)
Bureau Veritas has established procedures and infrastructure for the electronic submittal of plans and
documents. Utilizing electronic documents for plan and document submittals
decreases the time and cost associated with the transport and delivery of paper documents. Secure
online methods of file transfer, FTP, Portable Document Format (PDF) allow for the seamless integration
of electronic documentation into the plan review workflow, and authentication and accountability with
electronic signatures and approvals. EDSA was submitted for several national awards and heralded as
Adobe's Success Story of the Year.
Scheduling
BV will schedule all inspection requests and track results of inspections and follow up actions, as needed.
BV will communicate real-time progress to the construction manager and maintain electronic and/or hard
copy filing system in an auditable system for the duration of the project. The designated city staff will be
provided with access to our web-based project tracking system.
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Inspection
Our Project Team will perform the visual assessment and other duties necessary for the integrity and
quality of a construction project, including, but not limited to the following:
➢ Upon completion of the inspection, the inspector will provide the contractor a copy of the
inspection ticket at the job site.
➢ Provide a high level of communication with the contractor and city for the duration of the project.
➢ Maintain records of inspections and other support documentation required to perform the task.
➢ Upon final visual inspection approval of each project, BV will provide the client all documentation
and support material for the client's record keeping purposes. Copies of the inspection tickets will
be retained at our office until the Certificate of Occupancy is issued.
➢ At the program set-up, all inspection check points will be pre-loaded in the web-based project
tracking system. BV project manager will track all inspections, and client will be provided access
to the project tracking system.
Performance Standards
Our building inspection staff has many years of experience inspecting within municipalities and
understand the unique local inspection practices. There will be several inspectors available to provide
immediate and critical inspections as needed.
Our building inspection staff is adjusted to provide a high level of coordination specifically suited to the
design-build concept and to gain compliance with all applicable codes required by the City of Paris.
We have over ten Permit Technicians to assist with the coordination of inspections. Our Permit
Technicians have extensive experience working with building inspection departments. They have an
excellent working knowledge of the permitting and inspection procedures, and are focused on providing
the best customer service. Inspections may be requested by speaking with one of our ICC Certified
Permit Technicians during regular business hours, via fax, or email. Inspections will be perFormed the
next business day. We can accommodate same-day, after hours, and weekend inspections to eliminate
any impact on project construction schedules for critical items as needed.
Web-Based Tracking of Inspections
BV Application Suite will manage all of the inspections for the project. It will ensure that inspections are
scheduled at the appropriate phases, and be completed prior to scheduling the next phase of inspections.
Inspections scheduled out of sequence will need authorization of an inspection manager. The system
provides the users the ability to check the up-to-date records of the inspection status.
BV I&F NA_#5 (Rev. 5.12006)
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BV Application Suite
The BV Application Suite offers comprehensive features to easily record, process, track, and report all
phases of plan review and inspections. It is an effective tool for issuing and tracking a variety of permits
and associated administrative, plan review, and inspections tasks. Planning and Zoning Departments,
Fire Marshals and Code Compliance Officers can use this system to record and track all tasks from
preliminary review to final approval. The Bureau Veritas Application Suite is a completely web-based
application built on Microsoft's Net framework and SQL Server 2000. The Net framework provides the
ability to quickly build, deploy, manage, and use connected, security-enhanced solutions with Web
services. The BV Application Suite takes advantage of industry-standard protocols including SOAP; XML;
and Universal Description, Discovery, and Integration (UDDI). They are defined through public standards
organizations such as the World Wide Web Consortium (W3C).
The BV Application Suite is hosted in a world-class data center with built-in redundancies, guaranteeing
the highest levels of availability and perFormance.
Because the BV Application Suite is completely web-based, users with a login name and password can
access the system from any computer connected to the Internet. The application uses a one-way hash
encryption algorithm and SSL security to protect user passwords and stored project data. Our IT
implementation team will provide a short training for first-time users, and our technical support team will
respond to all inquiries within 24 hours.
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