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22-Deliberate and act on the contract with Bureau Veritas and employment of Building Official and inspectorCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: 10/21 /09 Council Date: 11 /09/09 Originaring Department: City Council Presented By: Council Member Biard Agenda Item No.: 22. RECOMMENDED MOTION: POLICY ISSUE(S): BACKGROUND: Council Member Biard requested this item. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: Council Member agenda item request form; Bureau Veritas contract. ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation ❑ Ordinance y'I'D Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration E City Clerk ❑ Community Development ❑ EMS/IT ❑ Municipal Court ❑ Legal ❑ Library ❑ Police E Eng./Public Wotks ❑ Finance ❑ Fire ❑ Utiliries City of Paris Revised 2/04/08 ~ uiju, .1b 6 COUNCIL MEMBER AGENDA ITEM REQUEST Please complete this form if you wish to have an item placed on the agenda for a City Council meeting. To allow adequate time to prepare packets and to coincide with staff s deadline for items, the due date for placing an item on the agenda is noon Thursday, 12 days prior to the regular meetings on the second and fourth Monday of each month (i.e. the Thursday immediately following a regular Monday ineeting). In order for your fellow Council Members to fully understand your item, have productive discussion, ensure efficient council meetings, and for staff to be able to assist you as completely as possible, it is important that you describe the item with as much detail as possible and include any supporting documentation so that it may be included in the Council's meeting packets. Please return this completed form to the City Manager and contact the City Clerk at (903) 784-9248 if you have any questions. Council member making request: W Will Biard ❑ Joe McCarthy ❑ Steve Brown ❑ Edwin Pickle ❑ Jesse Freelen ❑ Rhonda Rogers ❑ Kevin Kear Description of Item: Co e M~lo,,,,►~,~- CJ~~ , a~ A- - Are additional sheets or supporting materials attached? ❑ Yes ❑ No I request that this item be placed on the agenda for the: ,PR-CW Council meeting on this date: k,--, ❑ A~,- Sometime in the next 2 meetings ❑ No specific time in mind - just keep it on a list of pending issues Signature:~ Date: z City of Paris Revised 11/19/08 - 0 V61 ly i ~p, l1 w' ~ ~ ~ Y m ~ ~82~ 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"), for 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 authority 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 qualitied immunity by an officer, elected official or employee of the Jurisdiction. - 0-0c;isS 1 ~l ~ ~ Risk Allocation and Limitation of Liability BVNA agrees to release, indemnify and hold the Jurisdiction, its elected ofticials, 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 rnutua] 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 pariy 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, expertwitness fees, discovery expenses, and attorney's fees. Assigns Neither party may assign this Agreement or any righror ob(igation hereunder without the prior written consent of the other parly, 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 consent 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 fie 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 durina, 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 BVI&FNA 45 (Rev 5.12006) Page2of9 :u-~Fy, i~. a r V~i ~ l ~ ' 1 ~ 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 annua] 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 unfavorabty against either party. Performance Guidelines BVNA shall provide certified and licensed persons for the enforcement 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, 150 151 Street SE, Paris Texas 75460'. ` Bureau Veritas, NA. Division Director, 1000 Jupiter Road, Suite 800, Plano, Texas 75074'. 7 c Repres tative of Bureau eritas North America Inc. ~ AP/2i.v nl Prin ame ~i r e c re,c O r -Tnsf' tc.Ao ^tS Title 'I 009 Date City Manager Title Print Name January 26, 2009 Date BV I&F NA_#5 (Rev. 5.12006) Page 3 of 9 - ONa200 Revin Carruth ~W~•i.' ~ Commercial and Multi-Family construction Valuation $ 1.00 to $10,000.00 $10,001.00 to $25,000.00 $25,001.00 to $50,000. 00 $50,001.00to $100,000.00 $100,001.00 to $500,000. o0 $500,001.00 to $1,000,000. 1 $1,000,001.00 and up EXHIBIT A FEESCHEDULE n review* Fee $50 00 $70.69 for the first $10,000.00 plus $5.46 for each additional $1000.00 $152.59 for the first $25,000.00 plus $3.94 for each additional $1000.00 $251.09 for the first $50,000.00 plus $2.73 for each additional $1000 00 $387.59 for the first $100,000.00 plus $2.19 for each additional $1000 00 $1,263.59 for the first $500,000.00 plus $1.85 for each additional $]OOO.oo $2,188.59 for the first $1,000,000.00 plus $1.23 for each additional $1000.00 Single Family Residential construction plan review and inspection* Commercial and Multi Family constrnction inspection* Valuation I $1 00 to $10,000.00 $10,001.00 to $25,000.oo $25,001.00 to $50,000 00 $ 50,00 ] .00 to $100,000 00 $100,001.00 to $500,000. o0 $500,001.00 to $1,000,000. 00 $1,000,001.00 and up Fee $76 9' $108.75 for the first $10,000.00 plus $8.40 for each additional $1000.00 $234.75 for the first $25,000.00 plus $6.06 for each additionai $1000 00 $386.25 for the first $50,000.00 plus $4.20 for each additional $1000.00 $596.25 for the first $100,000.00 plus $336 for each additional $1000 00 $1,940.25 for the first $500,000.00 plus $2.85 for each additional $1000,00 $3,365.25 for the first $1,000,000.00 plus $1.89 for each additional 000 00 *All fees billed upon issuance of the permit by the jurisdiction. BV I&F NA_45 (Rev. 5.1.2006) 4 Page 4 of 9 a UC~:2t;'1 i,-v~~ti S ^ ~ ~P'+ ~ ~ Exhibit B Fee Schedule Fire Code Plan Review Services (fire alarm and sprinkler sYstem) 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 $6,001,000 and up Fire Code Inspection Services Up to $250,000 $251,000 to $500,000 $501,000 to $1,000,000 $1,001,000 to $3,000,000 $2,400 $2,400 plus $0.25 for each additional $1,000 fire alarm and sqrinkler svstem) $ 750 $1,050 _ $1,350 $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_45 (Rev 5.12006) 5 Page5of9 0 ~f`7 n c. ~ ~ ~ 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 performance 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 rnultiple 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 1&F NA #5 (Rev. 5.12006) Page 6 of 9 ~