CITY COUNCIL AGENDA ITEM
Meeting Date: October 10, 2006
Subject/Title: Adopt a Resolution approving and authorizing the City Manager
or her designee to execute a Ratification of Memorandum of Understanding by
and between the City of Brentwood and Bureau Varitas North America, Inc.,
formerly Linhart Peterson Powers Associates (LP2a), consultant for building
Prepared by: Louis R. Kidwell, Chief Building Official
Submitted by: Howard Sword, Community Development Director
Adopt a Resolution approving and authorizing the City Manager or her
designee to execute a Ratification of Memorandum of Understanding and
Amendment No. 1 thereto by and between the City of Brentwood and Bureau
Varitas North America, Inc., formerly Linhart Peterson Powers Associates
(LP2a), consultant for building inspection services.
On June 10, 2003, the City Council passed Resolution No. 2893, adopting the
2003/04-2004/05 Operating Budget for the City of Brentwood.
On June 14, 2005, the City Council passed Resolution No. 2005-143 adopting
the 2005/06-2006/07 Operating Budget for the City of Brentwood.
The Building Division of the Community Development Department from time to
time found it necessary to engage the services of a consultant building
inspection firm. As development accelerated in the late 1990s and early
2000s the ability to keep up with the demand for inspections was augmented
by hiring consultant inspectors. The advantage of using the consultant
inspector is that with little advance notice the firms could provide an
inspector or multiple inspectors to meet the City’s needs. Because of the
rapid fluctuations in the work load often times the need to hire additional
inspectors was not identified until the need was eminent. To hire a regular
employee takes a minimum of two months, and often longer. The other
advantage is that with short notice the services of the consultant inspector
can be canceled. To hire even a term inspector we must make a commitment for
a minimum of one year to get competent inspectors.
During one of our accelerated growth periods in 2001, with the approval of
the then City Manager, staff signed a Memorandum of Understanding to pay
$65.00 per hour to LP2a for a consultant building inspector. After securing
the consultant inspector option, an inspector was contracted in 2001. In
2004 staff contacted LP2a to, again, secure a consultant inspector and was
presented with an experience level option. The option was, at $65.00 they
would provide a code certified inspector with less than journeyman
experience, or for $75.00 per hour they would provide a certified journeyman
inspector with decades of experience. With the level of service we provide,
and the level of expertise we demand, we opted for the journeyman at $75.00
The purpose of this ratification is to bring the process into conformance
with the City’s current purchasing policy and to provide the contractual
ability to honor staffs commitments to a valued consultant. The consultant
services, provided by this agreement, started in January, 2004 and concluded
in June, 2006.
Funding for these services is directly offset by fees collected for the
service and has been budgeted in the annual Building Division Budget for
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE
CITY MANAGER OR HER DESIGNEE TO EXECUTE A RATIFICATION OF MEMORANDUM OF
UNDERSTANDING AND AMENDMENT NO. 1 THERETO BY AND BETWEEN THE CITY OF
BRENTWOOD AND BUREAU VARITAS NORTH AMERICA, INC., FORMERLY LINHART PETERSON
POWERS ASSOCIATES (LP2A).
WHEREAS, the City of Brentwood is required to review all building documents
for compliance with all State and local building codes; and
WHEREAS, between January, 2004 and June, 2006, because of the complexity of
the building to review, it became necessary to contract the services of
professionals with specialized skills; and
WHEREAS, the City of Brentwood wishes to bring the contract with Bureau
Varitas North America, Inc., into conformance with the City’s current
purchasing policy and provide the contractual ability to honor staffs
commitments to a valued consultant.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood
hereby authorizes the City Manager or her designee to execute a Ratification
of Memorandum of Understanding and Amendment No. 1 thereto by and between
the City of Brentwood and Bureau Varitas North America, Inc., formerly
Linhart Peterson Powers Associates (LP2a).
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at
an adjourned regular meeting held on October 10, 2006 by the following vote:
RATIFICATION OF MEMORANDUM OF UNDERSTANDING
AND AMENDMENT NO. 1 THERETO
(Bureau Veritas North America, Inc.,
formerly known as Linhart Petersen Powers Associates)
This Ratification is entered into on the ___ day of _______________, 2006,
but effective as of July 25, 2001, ratifying the Memorandum of Understanding
dated July 25, 2001 (the “Agreement”), Amendment No. 1 thereto, by and
between the City of Brentwood, a municipal corporation of the State of
California ("City"), and Bureau Veritas North America, Inc., formerly
Linhart Petersen Powers Associates, (“Consultant") (collectively, the
“Parties”) for building inspection services.
A. Prior to January 1, 2004, Building Inspectors I and II provided by
Consultant were compensated at the rate of $65.00 per hour.
B. On January 1, 2004, the Parties orally agreed to amend the Agreement to
increase the compensation for building inspection services performed by the
Consultant by ten (10) dollars per hour (“Amendment No. 1”).
C. The Parties desire to formally amend the scope of work of the Agreement
to increase the compensation for Building Inspector II services performed by
D. The Parties have negotiated and agreed to a fee schedule which is
E. The Parties desire to ratify the Agreement and Amendment No. 1, as well
as any amended scope of work already performed by the Consultant without the
benefit of Amendment No. 1.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Consultant agree as follows:
1. The Agreement and the Amendment No. 1 are hereby ratified.
2. City will pay Consultant for all work associated with those services
described in the Agreement on a time and materials basis as follows:
a. For invoices submitted to the City, Building Inspector II Services shall
be compensated at the rate of $75.00 per hour, beginning January 1, 2004
through June 31, 2006. This dollar amount shall not exceed $300,000.00.
3. All other provisions of the Agreement will remain in full force and
4. Consultant shall indemnify and insure City for all work undertaken
pursuant to the Agreement and Amendment No. 1.
5. The individual executing this Amendment and the instruments referenced in
it on behalf of Consultant represents and warrants that he has the legal
power, right and actual authority to bind Consultant to the terms and
conditions of this Amendment.
Bureau Veritas North America, Inc., formerly known as Linhart Petersen
City of Brentwood:
Donna Landeros, City Manager
Margaret Wimberly, City Clerk
APPROVED AS TO FORM:
Damien B. Brower, City Attorney