R2007-101 2007-06-25
RESOLUTION NO. R2007 -101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A CONTRACT FOR INSPECTION SERVICES.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for inspection services, a copy of which is
attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby
authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a contract for inspection services.
PASSED, APPROVED and ADOPTED this the 25th day of June, A.D., 2007.
.~~~
T~ID
MAYOR
ATTEST:
APPROVED AS TO FORM:
(Ja- ~ C5L
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution 2007-101
File No. 07-0044
BUREAU
VE R ITAS
June 20, 2007
Master contract for plan review and inspection services
This contract is meant to govern all plan review and inspection services provided by Bureau
Veritas North America Inc., (herein called "BVNA"), for The City of Pearland, Texas
(jurisdiction). BV will have an exclusive contract for Third Party Plan Review and Inspection of
the Pearland Town Center as identified in the zone change approved by the Pearland City
Council on June 6, 2006, under ordinance number 2000M-8.
BV and the representatives of BV are charged as the Department of Building Safety for the
provisions of the jurisdiction's Adopted Building Code, Mechanical Code, Electrical Code,
Plumbing Code, Energy Code, and Fire Code as defined by the 2003 International Building
Code as published by the International Code Council.
BV and the representatives of BV are charged with the enforcement of the provisions of the
jurisdiction's Building Code, Mechanical Code, Electrical Code, Plumbing Code, Energy Code,
and Fire 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,
Mechanical Code, Electrical Code, Plumbing Code, Energy Code, Fire 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.
At the completion of each review, BV shall submit in form and format acceptable to jurisdiction,
written documentation addressing compliance of the documents with applicable codes
referenced within this document governing the design and construction of the project.
Inspections
Inspection services shall be conducted as required by the jurisdiction's Building Code,
Mechanical Code, Electrical Code, Plumbing Code, Energy Code, and Fire 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. w.ork pri?~ to appr~va.1 by ~V ~ill be .rep~rted to ~he
Building Official of the jurisdiction. The Bulldmg OffiCial of the JUriSdiction IS the final Interpretive
authority and the Certificate of Occupancy will be issued at the discretion of the jurisdiction.
BV shall perform all inspections the next business day upon notification by jurisdiction. BV will
be available for morning and afternoon inspections upon request.
BV will verify the landscape and number of parking spaces requirements in accordance with the
city approved site plan.
BV shall require that design documents identify "Special Inspections" per Chapter 17 of the IBC.
BV will receive and review inspection reports from the special inspectors.
Term and Termination
This Contract term will begin upon execution and terminate on or before
The City shall pay BV for all services rendered to the date of termination. This agreement may
be terminated without penalty by either party with 90 days written notice.
Nl~
Modifications
City without invalidating the Contract, may order changes within the general scope of the work
required by the Contract by altering, adding to and/or deducting from the work to be performed.
If any change under this clause causes an increase or decrease in BV's cost of, or the time
required for, the performance of any part of the Services under the Contract, an equitable
adjustment will be made by mutual agreement and the Contract modified in writing accordingly.
Insurance
A. BV 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 Architect, 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 anyone 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
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BUREAU
MELEE
any one person, $1,000,000 for each occurrence, and $1,000,000 for property
damage.
B. BV 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,
reduced in coverage or in limits except after thirty (30) days prior written notice by certified
mail, return receipt requested, has been given to the City. Upon request, certified copies of
all insurance policies shall be furnished to the City.
Indemnity
BV 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 BV 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 BV, his officers, employees, agents, or subcontractors under this Contract.
Assignment
BV shall not assign this Contract without the prior written consent of the City.
Law Governing and Venue
This Contract shall be governed by the law of the State of Texas and no lawsuit shall be
prosecuted on this Contract except in a court of competent jurisdiction located in Brazoria or
Harris Counties, Texas.
Entire Contract
This Contract represents the entire Contract between the City and the BV 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.
Dispute Resolution Procedures
BV and City desire an expeditious means to resolve any disputes that may arise between them
regarding 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
bringing any legal action, to settle the dispute by mediation of a third party who will be selected
by agreement of the parties.
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Fees
In exchange for the services, the jurisdiction will pay to BV fees according to the schedule
attached hereto and incorporated herein for all purposes on Schedule A. The jurisdiction will be
billed for services rendered monthly, due Net 30. BV may impose additional fees on the
jurisdiction for "after hour/weekend" inspections. The term "after hour/weekend" inspection is
defined as any inspection occurring outside of the jurisdiction's normal business hours or when
the jurisdiction is closed.
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Repre ntative of Bureau Veritas
\A( ( B~ :;;cl eVt ~
Title
VM TeA"--(
Print Name
7 If;; I~f
Dati /
City of Pearland
Jurisdiction
R ~d.t.-
epresen a Ive 0 UriS IC Ion
City Manager
Title
Bill Eisen
Print Name
6-25-07
Date
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BUREAU
VERITAS
Schedule A
Commercial and Multi-Family construction plan review*
The compensation for plan review is 80% of the plan review fee as calculated from the
Jurisdiction's Fee Schedules.
Commercial and Multi-Family construction inspection*
The compensation for inspection is 80% of the permit fees as calculated from the Jurisdiction's
Fee Schedules.
* All fees will be billed upon issuance of the permit by the jurisdiction.
After hour/weekend inspections $150.00 per hour(2-hour minimum)
Page 5 of 5
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City vs.Bureau Veritas(BV)
Fee Analysis o
Date':. '* 04 '- °�e°.4,` t.. x} ''that BV
Issued ,e Business'-Name " '' permit# .Address.. " Valuation 'Ci of Peariand'Fees., ''.Total Ci F s? Bureau Veritas(By)
A.
�;. ,E •; . ,� ty _ �wee Fees .�. ees ���"Ia YeCiatt4i
;FwiReVTi gemtit 80%City(Plan&Permit)
Plan Check Permit .a b Plan Check Inspections .
1/20/05 Telephone Equipment Shelter-SBC 05-0053 13101 Biscayne Bay Dr#SBC $10,000 $30.00 $85.00 ^s11i1,5100 $24.00 $68.00 $92100 80.00°l0
8/2/05 West Oaks HOA Covered Play Area 05-2209 6601 Old Oaks Blvd $41 320 $110.00 $245.00 , $355r00 " $88.00 $196.00 x'.284-M0 80:00°}a
4/11/05 Murphy Oil USA 05-931 1917 Main St $170,000 $335.00 $768.00 102150 $268.00 $614.00 $882100 [ , 80.00%
3/17/05 Silverlake Storage Addition 05-0056 9809 Broadway $400,000 ' $680.00 $1,838.00 $21518 i5 . $544.00°_ $1,470.00 $2;`011400 >7.79,96
7/11/05 Wachovia Bank(sitework&bldg.) 05-3551 2904 Broadway $1 210,000 $1,735.00 $3,740.00 5r475:00' $1,388.00 $2,992.00 444138V00 ,89:00%a
as a�" $ 14(
4/22/05 518 Business Park Bldg A/Sitework 04-5302 2911 Broadway St $1 500.000 $1,985.00 $4,432.00 $&41r7`00 $1,588.00 $3,545.60 $5133x60 80 99°4
1/4/05 Waterford Place Apartments 04-5293 2200 Business Center Dr $14,208,000 $14 538 00 $29,338.00 $43{87S 5 a. $11,630.40 $23,470.12 { 33'!.90' 2 a ,$0 Ot°1°
*The fee analysis concur with the 80%compensation agreed to-by Bureau Veritas-- --