First Amendment to the Professional Services Agreement with Bureau Veritas

STAFF REPORT

AGENDA ITEM: Resolution Authorizing the Acting City Manager to Execute a First Amendment to the Professional Services Agreement with Bureau Veritas North America, Inc. for Continued Contract Staff Support Services

MEETING DATE: January 4, 2011

PREPARED BY: Donna M. Kenney, Community Development Director

REVIEWED BY: Victoria Lewis, Acting City Manager

RECOMMENDATION:

Staff recommends that the City Council adopt the attached Resolution authorizing the Acting City Manager to Execute a First Amendment to the Professional Services Agreement with Bureau Veritas North America, Inc. for continued contract staff support services.

BACKGROUND AND DISCUSSION:

The City retained the firm of Linhart Peterson Powers Associates ("LP2A") to provide contract staff support services in October of 2003 for City building and development needs. Subsequently, LP2A was bought by Bureau Veritas North America, Inc. (`BV"), a company with offices world-wide. The City’s most recent Professional Services Agreement with BV is dated February 3, 2009. This contract contains a 68% (BV) – 32% (City) split of collected building permit fees and provides a 40-hour weekly Permit Technician, a 40-hour weekly Building Official/Building Inspector, and a 20-hour weekly Code Enforcement Officer.

The City has an on-going and projected need for support services in the Building Department in response to building and code enforcement activities. BV has performed well in meeting assigned City responsibilities since providing service to the City, therefore the Acting City Manager has requested continued staff support services from By.

The proposed changes to the Professional Services Agreement with By, as reflected in the amendment attached hereto, include changing to a month-to-month contract, a change from a split of collected building permit fees to hourly wages, and a decrease in staff work hours from two 40-hour weekly and one 20-hour weekly employees to two 40-hour weekly employees.

FISCAL IMPACT:

The fiscal impact of the contract amendment is $19,025.93 per month to Bureau Veritas. ATTACHMENTS:

1. Resolution No. 2011-

Exhibit A – First Amendment to the Professional Services Agreement between the City of Livingston and Bureau Veritas North America

1556188.1

RESOLUTION 2011-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON

AUTHORIZING THE ACTING CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH BUREAU VERITAS NORTH AMERICA, INC.
FOR CONTINUED CONTRACT STAFF SUPPORT SERVICES

WHEREAS, the City retained the firm of Bureau Veritas (`BV" formerly "LP2A") to provide contract staff support services in October of 2003 for City building and development needs; and

WHEREAS, the City has an on-going and projected need for support services in the Building Department in response to the review of building and code enforcement activities; and

WHEREAS, as BV has performed well in meeting assigned City responsibilities since providing service to the City, the Acting City Manager has requested continued staff support services from BV; and

WHEREAS, proposed changes in the attached Amendment include a month-to-month contract, a change to an hourly wage, and a decrease in staff work hours; and

WHEREAS, the City Council considered the proposed Amendment at its regular meeting of January 4, 2011.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livingston hereby authorizes the Acting City Manager to execute an amendment to the Professional Services Agreement with Bureau Veritas North America, Inc. to provide continued contract staff support services, in substantially the form set forth in Exhibit A, and as approved by the City Attorney.

Passed and adopted this 4th day of January 2011 by the following vote:

AYES:

NOES:

ABSENT:
ABSTAIN:

Rodrigo Espinoza, Mayor
of the City of Livingston

ATTEST:

I hereby certify that the foregoing resolution was regularly introduced, passed and adopted at a regular meeting of the City Council of the City of Livingston this 4t’ day of January 2011.

Antonio Silva, City Clerk of the City of Livingston

1556192.1

EXHIBIT A

ADDENDA NO.1
January 4, 2011

CITY OF LVINGSTON / BUREAU VERITAS NORTH AMERICA AGREEMENT FOR PROFESSIONAL SERVICES – dated February 3, 2009.

The City of Livingston, herein referred to as "the City," and Bureau Veritas North America, Inc. (BVNA) hereby agree to amend the above referenced Agreement for Professional Services as follows:

SCOPE OF SERVICES

Replace sections titled INSPECTION SERVICES, CODE ENFORCEMENT, and PERMIT PROCESSING with the following:

INSPECTION SERVICES

Bureau Veritas will provide one building inspector who will provide inspection services for a total of 40 hours per week. Jeff Harper will be initially assigned to meet this need. Bureau Veritas will provide technical support and resources to our staff, as needed, to accomplish assignments.

Bureau Veritas will provide building inspection staff as requested by the City at the hourly rate in Exhibit B of this Addenda. Inspectors will report directly to the City Building Official or other person designated by the City for all project-related work.

PERMIT PROCESSING

Bureau Veritas will provide one permit technician who will provide services for a total of 40 hours per week. Elvira Millan will be initially assigned to meet this need. Bureau Veritas will provide technical support and resources to our staff, as needed, to accomplish assignments.

Bureau Veritas will provide permit technician staff as requested by the City at the hourly rate listed in Exhibit B of this Addenda. Permit Technicians will report directly to the City Building Official or other person designated by the City for all project-related work.

PLAN REVIEW SERVICES

Plan review services in many cases can be provided by Building Inspector assigned to the City of Livingston. Plan reviews that are more complex will be accomplished at the Sacramento Bureau Veritas offices. The fee for plan checking at the Sacramento office will be based on a percentage of plan check fees collected by the City of Livingston as shown in Exhibit B.

BVNA Contract Addenda Page 1

January 4, 2011

ADDITIONAL SERVICES

Additional services as requested by the City of Livingston can be provided on an hourly basis in accordance with the current Bureau Veritas Schedule of Fees.

Replace Exhibit B Schedule of Fees with the following:

EXHIBIT B – SCHEDULE OF FEES

Hourly Staffing Rates

Bureau Veritas hourly rates for the positions of Building Inspector and Permit Technician are as follows:

Building Inspector Hourly Rate $60.46 (Jeff Harper)

Permit Technician Hourly Rate $40.43 (Elvira Millan)

Mileage Rate for Jeff Harper

Daily Commute Mileage from portal to portal will be billed for mileage over 35 miles per day each way. Average estimated cost is $35.00 to $40.00 per day.

Daily Job miles will be calculated at current mileage rate of $.50 per mile for miles driven daily between City of Livingston City Hall and various job sites.

Plan Review Rates

Fees for comprehensive plan reviews performed at the Sacramento Bureau Veritas office will be equal to sixty(60%) of the plan review fee collected by the City for a full plan review and fifty (50%) for structural only.

BVNA Contract Addenda Page 2

January 4, 2011

IN WITNESS WHEREOF, the parties have caused this Addenda to be executed. Effective Date Shall Be January 1, 2011.

CLIENT

By:

Print Name:
Title:

Date:

BVNA
By:

Print Name: Pete Guisasola, CBO

Title: Director of Municipal Code Compliance – West

Date: November 29, 2010

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