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HomeMy WebLinkAboutRes 2010-04-06 Master Contract-Bureau Veritas North America Inc.pdfCITY OF ANNA, TEXAS RESOLUTION NO. 2010-04-06 A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING THE MASTER CONTRACT FOR PLAN REVIEW AND INSPECTION SERVICES WITH BUREAU VERITAS NORTH AMERICA INC. WHEREAS, the City Council ("City Council") of the City of Anna, Texas ("City") desires to approve and authorize the engagement of BUREAU VERITAS NORTH AMERICA INC. ("Bureau Veritas") to provide the services specifically described in the attached Master Contract for Plan Review and Inspection Services ("Agreement") that is attached hereto as Exhibit 1 and incorporated herein as if set forth in full; and, WHEREAS, the City Council has determined that the services of Bureau Veritas under the Agreement will benefrt the health, safety and welfare of the citizens of the City in providing for Plan Review and/or Inspection Services to verify conformance and compliance with the building and construction codes adopted by the City; and, WHEREAS, the City Council recognizes that the Agreement between the City and Bureau Veritas be approved and the City Manager's execution of same should be authorized and approved, as set forth herein; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ·rHE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval and Authorization of Agreement. The City Council hereby approves the Agreement attached hereto as Exhibit 1 and authorizes, ratifies and approves the City Manager's execution of same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under and enforce the Agreement. PASSED by the City Council ofthe City of Anna, Texas, on this 13th day of April, 2010. ATTEST: 04-13-10 BUREAU VERITAS MASTER CONTRACT FOR PLAN REVIEW AND INSPECTION SERVICES This 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 Anna, Texas ("Jurisdiction"). In exchange for the mutual promises made herein, BVNA and the Jurisdiction agree as follows: BVNA and the representatives of BVNA are charged as the Department of Building Safety for the relevant provisions of the Jurisdiction's adopted-as amended by the Jurisdiction-Building Code, Residential Code, Mechanical Code, Electrical Code, Plumbing Code, Energy Code and Fuel Gas Code, as published by the International Code Council, and the Outdoor Lighting Code. BVNA and the representatives of BVNA are charged with the enforcement of the provisions of the Jurisdiction's codes and regulations as set forth herein in the capacity of an independent contractor. Plan Review Plan Review services shall be conducted by BVNA as required by the Jurisdiction's Building Code, Residential Code, Mechanical Code, Electrical Code, Plumbing Code, Energy Code, Fuel Gas Code, Outdoor Lighting Code, and the Jurisdiction's related regulations (all as amended and approved by the Jurisdiction and provided to BVNA). 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 by BVNA as required by the Jurisdiction's Building Code, Residential Code, Mechanical Code, Electrical Code, Plumbing Code, Property Maintenance Code, Energy Code, Fuel Gas Code, Outdoor Lighting Code, and Part II, Article 8, "Building Regulations" of The Anna City Code of Ordinances, including but not limited to Multi-Family Dwelling Regulations and the Jurisdiction's related regulations (all as amended and approved by the Jurisdiction and provided to BVNA. Special inspections as specified in chapter 17 of the adopted International Building Code are not included and may be required as specified in the International Building Code. Any violations of the Jurisdiction's codes or concealment of any work prior to approval by BVNA will be reported to the Building Official of the Jurisdiction. The Building Official, or other designated Official of the Jurisdiction, is the final interpretive authority and the Certificate of Occupancy will be issued at the discretion of the Jurisdiction. Fire Code Service Fire alarm and Fire sprinkler system plan review and inspection service shall be in accordance with the Jurisdiction's adopted Fire Code and the Jurisdiction's related regulations (all as amended and approved by the Jurisdiction and provided to BVNA). Services Rendered by Jurisdiction Notwithstanding any provision of this Agreement, the Jurisdiction may at any time perform or contract with third parties to perform the types of services described in this Agreement for any given project or circumstance. In the event that Jurisdiction undertakes to provide any such services. Jurisdiction shall indemnify. defend and hold harmless BVNA against and from any claims and suits for damages or injUrY to the extent caused solely by Jurisdiction's negligent or wrongful acts or omissions relating to Jurisdiction's provision of such services. and against and from all costs. attorney's fees and costs of defense. expenses and liabilities related to any claim or any action or proceeding brought within the scope of this indemnification provision. BVNA. however, shall not be required to indemnify or defend the Jurisdiction for the Jurisdiction's negligence or willful misconduct. Insurance BVNA shall, at its own expense, purchase and maintain in full force at all times during the term of this Agreement the following insurance: Commercial General Liability Insurance BVNA shall maintain commercial general liability insurance with limits of no less than one million dollars ($1,000,000.00) combined single limit per occurrence or two million dollars ($2,000,000.00) aggregate limit for bodily injury, personal injury and property damage. Automobile Liability Coverage BVNA shall maintain automobile liability insurance covering all vehicles used in the performance of this Agreement providing a one million dollar ($1,000,000.00) combined singled limit per occurrence for bodily injury, personal injury and property damage. Professional Liability Coverage BVNA shall maintain professional liability insurance with coverage for all negligent errors, acts or omissions committed by BVNA, its agents and employees in the performance of this Agreement. The amount of this insurance shall not be less than five hundred thousand ($500,000.00) on a claims made annual aggregate basis or a combined single limit per occurrence basis. Compliance with State of Texas Workers' Compensation Requirements BVNA, pursuant to Texas law, shall provide workers' compensation insurance to cover its employees. Other Insurance Provisions I. With respect to Commercial General Liability and Automobile Liability Insurance above, the Jurisdiction, its officials, officers and employees shall be covered as additional insured for liability arising out of activities performed by or on behalf of BVNA and operations of BVNA. The coverage shall contain no special limitations on the scope or protection afforded to Jurisdiction, its officials, officers and employees. 2. BVNA's insurance coverage shall be primary insurance with respect to Jurisdiction, its officials, officers and employees. Any insurance, risk pooling policy, or self-insurance programs maintained by Jurisdiction, its officials, officers or employees shall be in excess of BVNA's insurance and shall not contribute with it. 3. BVNA shall maintain the required insurance policies during the term of this Agreement and shall provide to Jurisdiction, prior to BVNA's performance hereunder, proof that these insurance policies are in full force and effect. 4. Any failure to comply with the reporting provisions ofthe policy shall not affect the coverage provided to the Jurisdiction, its officials, officers or employees. Notice All notices required here shall be sent via First Class U.S. Certified Mail, Return Receipt Requested, to the parties as follows: If to Jurisdiction: City of Anna, Texas Attn: City Manager III N. Powell Parkway Anna, Texas 75409 If to BVNA: Bureau Veritas North America, Inc. Attn: Rick Herzberger 1000 Jupiter Road, Suite 800 Plano, Texas 75074 BV I&F NA_#5 (Rev. 5.1.2006) 2 Page 2 of6 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 and Exhibit B ("Fee Schedule"). The Jurisdiction will be bilJed for services rendered monthly, and due within 30 days of receipt of invoice. Standards, Control Over Work, Indemnity BVNA acknowledges and accepts this relationship oftrust and confidence between the Jurisdiction and BVNA pursuant to the contracted services to be provided. BVNA further acknowledges the reliance that the Jurisdiction is placing on its professional skill and judgment and as such, BVNA shall perform its responsibilities in a professional manner. Further, BVNA shall perform the services required hereunder in accordance with the applicable professional standards and building codes. It is expressly understood and agreed that the Jurisdiction shall have no right of control, supervision, or direction over BVNA's or its agents' or representatives' performance of any work or services nor will the Jurisdiction control the means, methods, sequences, procedures, or techniques utilized by BVNA to perform work or services. There shall be no joint control over the services. BVNA shall indemnifY. defend. and hold harmless Jurisdiction against and from any and all claims and suits for damages or iniu!)' to the extent arising from BVNA's negligent or wrongful performance of this Agreement or its obligations hereunder. and shall further indemnify. defend and hold harmless Jurisdiction against any and all claims or suits to the extent arising from any breach or default of any performance or obligation of BVNA hereunder, and against and from all costs. attom£Y's fees and costs of defense, expenses and liabilities related to any claim or any action or proceeding brought within the sco.pe of this indemnification provision. BVNA. however. shall not be reguired to indemnify or defend the Jurisdiction for the Jurisdiction's negligence or willful misconduct Risk Allocation and Limitation of Liability Jurisdiction agrees that in no instance shall BVNA be responsible, in total or in part, for the errors or omissions of any professional, contractor, subcontractor or any other party that is not hired by or under the control of BVNA. Jurisdiction also agrees that BVNA shall not be responsible for the means, methods, procedures performance or safety of such construction contractors or subcontractors, or for their errors or omissions. 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 consent hereunder, shall be void and shall constitute a material breach of this Agreement ifsuch consent is not obtained. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the state where the work is performed in a court ofcompetent jurisdiction. Third Party Beneficiary It is expressly understood and agreed that the enforcement of these terms and conditions shall be reserved to Jurisdiction and BVNA. Nothing contained in this 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 than Jurisdiction or BVNA, receiving services or benefits under this Agreement shall be deemed an incidental beneficiary. Interpretation of Agreement This Agreement shall be interpreted as though prepared by all parties and shall not be construed unfavorably against either party. Termination This Agreement may be terminated without penalty by either party with 90 days written notice. BVI&FNA_#5 (Rev. 5.1.2006) 3 Page 3 of6 Licenses/Certifications BVNA represents that it and, where appropriate, each and every employee or agent performing under this Agreement, has the capability, experience, means and appropriate licenses and certifications required to perform the services contemplated by this Agreement Work Product All work papers, records, reports, findings, recommendations, data, memoranda, appraisals, or other documents prepared by BVNA pursuant to this Agreement, regardless of their nature or source, become the property of the Jurisdiction once BVNA has been paid for the preparation. Safety BVNA shall ensure that its employees and agents are aware of and comply with safety requirements before working at any construction site or other dangerous area. Safety requirements include, without limitation, wearing approved hard hat, safety glasses and footwear, complying with all applicable state and federal safety, health, and employment laws and regulations, and complying with the City's ordinances and regulations regarding close-space entry . Compliance with Law BVNA and Jurisdiction shall use reasonable care to comply with all applicable federal, state and local laws in effect at the time the services are performed hereunder which, to the best of their knowledge, information and belief, apply to their respective obligations under this Agreement. Entire Agreement This Agreement represents the understanding between the parties in its entirety and no other agreements either oral or written exist between the Jurisdiction and the BVNA, except for that certain Agreement for Professional Consulting Services made and entered into the 8th day of September 2009, which governs work and projects outside the scope of this Agreement. Title I?-?-O[O I City of Anna, Texas -Jurisdiction Print Name Date (/pd (~ ZJ:) f(Q BV I&F NA_#5 (Rev. 5.1.2006) 4 Page 4 ofG EXIDBIT A FEE SCHEDULE C . Iommercla and Multi-Family construction plan review* Valuation Fee $1.00 to $10,000.°° $50.°° $58.91 for the first $10,000.°° plus $4. 55 for each $10,001.°° to $25,000.°° additional $1000.°° $127.15 for the first $25,000.°° plus $3. 607 for each $25,001.°° to $50,000.°° additional $1000.°° $209.21 for the first $50,000.°° plus $2.275 for each $50,001.00 to $100,000.°° additional $1000.00 $322.96 for the first $100,000.00 plus $1.82 for each $100,001.°° to $500,000. 00 additional $1000.°° $1050.96 for the first $500,000.°0 plus $1.54 for $500,001.°° to $1,000,000. 00 each additional $1000.°° $1822.84 for the first $1,000,000.°0 plus $1.02 for $1,000,001.°° and up each additional $1000.°° Single Family Residential construction plan review and inspection* C . I d M lti F milommercla an u - a ily construction inspection* Valuation Fee $1.°° to $10,000.00 $76.92 $10,001.00 to $25,000.°° $90.62 for the first $10,000.°0 plus $7.°0 for each additional $1000.°° $25,001.°° to $50,000.°° $195.62 for the first $25,000.°° plus $5.°5 for each additional $1000.°° $50,001.°° to $100,000.°° $321.87 for the first $50,000.°° plus $3.50 for each additional $1000.°° $100,001.°° to $500,000. 00 $496.87 for the first $100,000.°° plus $2.80 for each additional $1000.°° $500,001.00 to $1,000,000. 00 $1616.87 for the first $500,000.00 each additional $1000.°° plus $2.375 for $1,000,001.°° and up $2804.37 for the first $1,000,000.°° plus for each additional $1000.°° $1.575 '"All fees billed upon Issuance of the permIt by the Junsdlchon BV I&F NA_#5 (Rev. 5.1.2006) 5 Page 50f6 ExhibitS Fee Schedule Fire Code Plan Reylew Services (fire alarm and/or sprinkler system) Up to $250,000 $251,000 to $500,000 $501,000 to $1,000,000 $1,001,000 to $3,000,000 $3,001,000 to $6,000,000 $6,001,000 and up $ 500 $ 850 $1,100 $1,600 $2,400 $2,400 plus $0.25 for each additional $1,000 Fire Code Inspection Services [fire alarm and/or sprinkler system) Up to $250,000 $251,000 to $500,000 $501,000 to $1,000,000 $1,001,000 to $3,000,000 $3.001.000 to $6,000.000 $6,001,000 and up -Value ($) Is total value of project $ 750 $1,050 $1.350 $1,900 $2,850 $2,850 plus $0.25 for each additional $1,000 BVI&FNA_#5 (Rev. 5.1.2006) 6 Page 6 of 6