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HomeMy WebLinkAbout2020-031 - Approving Professional Services Agreement for Building Inspection and Plan Review Services State of Minnesota
County of Rice
CITY OF FARIBAULT
RESOLUTION #2020-031
APPROVING PROFESSIONAL SERVICES AGREEMENT FOR BUILDING
INSPECTION AND PLAN REVIEW SERVICES
WHEREAS, the City Council of the City of Faribault requires temporary
and intermittent building inspection and plan review support services;
and
WHEREAS, Municipal Inspections, Inc., a Minnesota corporation has the
expertise, qualifications, and availability to provide plan review and
inspection services for the City of Faribault Building Division; and
WHEREAS, Municipal Inspections, Inc. desires to perform plan review
and building code inspections services as an independent contract for
the City of Faribault on a temporary and as-needed basis.
NOW, THEREFORE BE IT RESOLVED, that the City Council approves
Municipal Inspections, Inc. as a building inspection and plan review
services contractor for the City of Faribault.
ALSO, BE IT RESOLVED, that the City Council authorizes the Mayor
and City Administrator to execute the Professional Services Agreement
attached hereto as Exhibit A.
Date Adopted: February 25, 2020
Faribault City Co ci
Kevin F. Voracek, Mayor
ATTEST:
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Timothy C. ray, 'ty AW-trator
EXHIBIT A
INDEPENDENT CONTRACTOR—PROFESSIONAL SERVICES AGREEMENT
FOR BUILDING INSPECTION AND PLAN REVIEW SERVICES
AGREEMENT made and entered into this day of February, 2020, by and
between the CITY OF FARIBAULT, A Minnesota municipal corporation ("City"). and
MUNICIPAL INSPECTIONS, INC.,a Minnesota corporation ("Consultant"), for
building inspections and planning services.
WHEREAS,the City is authorized and empowered to provide for various types
of inspections and code enforcement to ensure the public health, welfare, and safety; and
WHEREAS,the Consultant desires to perform building inspection and plan
review services for the City in accordance with the terms of this Agreement("collectively
referred to herein as "Services").
WHEREAS,the City desires to employ the Consultant to perform Temporary
Building Inspection Services in accordance with the terms of this Agreement.
NOW,THEREFORE, the parties agree as follows:
1. TERM. The term of this Agreement shall begin on February , 2020, and end
on December 31, 2020, both dates inclusive, unless sooner terminated as
hereinafter provided. This Agreement shall be automatically renewed each year
on the terms and conditions set forth below unless notice of intention to terminate
the agreement is given as provided herein.
2. SERVICES. The Consultant shall provide the following services.
A. Building Plan Review Services. The City engages Consultant to perform
some building plan reviews and building inspections as mutually agreed
upon and related administrative duties on behalf of the City required
under the City's Ordinance adopting the State Building Code, including:
1. Reviewing and approving building permit applications.
2. Determining the acceptability of said applications (compliance
with City Ordinances is to be evidenced by Zoning Administrator's
initials on permit application as set forth below);
3. Providing Building Code inspections as required by Minnesota
Statutes;
3. TIME AND MANNER OF PERFORMANCE.
A. The number of personnel made available for providing said services, and
the times at which said personnel shall be made available, for said
services, shall be at the discretion of the Consultant; provided, however,
that Consultant agrees to proceed diligently and in accordance with its
usual course and manner of business in such examinations and
inspections, and in the preparation of appropriate reports for the City.
B. All duties as set forth above shall be performed by Consultant's personnel
pursuant to the provisions of the Minnesota State Building Code, and
other applicable state, federal and local laws.
4. APPLICANT INFORMATION. The City shall furnish to or make available for
examination or use by the Consultant, without charge, the following:
i. All material and documents applicable to projects in which the
Consultant is involved. Such material and documents shall be
submitted to Consultant within a reasonable period of time before any
meeting at which they are to be considered;
ii. Available material and documents, as determined by the Consultant,
that are necessary for the services to be performed, including:
a. For building permits: a certificate of survey of the property,
showing the location of the structure, the proposed sewage
treatment system, the sewer hookup, the well or water hookup, and
their location to lot lines, easements and road rights-of-way. Said
survey shall include a legal description of the property and shall
include all information required by the City.
5. FEES.
A. Building Inspection Services. The City shall reimburse Consultant for
the Consultant's building inspection services provided under Paragraph
2.A. of this Agreement based on the following portions of City fees
charged for the application reviewed $100 per hour for all plan review
services;
B. Additional Services. No claim will be honored for compensation for
extra services or work beyond the scope of this Agreement without written
approval of the City upon a written amendment of this Agreement that
includes specific estimates of type, time, and maximum costs, prior to
commencement of the work
C. Payment Terms.
1. Consultant shall submit an invoice providing a written
documentation of services rendered under Paragraph 3 on a
monthly basis, payable by City within thirty days of receipt of an
invoice showing work completed.
2. For additional services that receive written approval from the City,
the City shall pay Consultant at a rate of$100.00/hour consistent
with the payment terms provided under this Agreement.
3. For all permit requests, the City's fee schedule shall apply. All
applicants for permits shall pay all permit fees to City in those
amounts as specified in the Minnesota State Building Code and/or
any fee schedule adopted by ordinance of the City.
4. In addition to the payment provided herein, the City shall provide
Consultant with an office at City Hall, local calling telephone
service, electricity and garbage service at no cost to Consultant.
Consultant shall be responsible for all long-distance phone
charges. Consultant shall comply with all City Hall use
regulations adopted by the City. Consultant shall defend, hold
harmless and indemnify the City, its officers, agents, and
employees, from any claims, suits, damages, costs (including
reasonable attorney fees) arising out of the use of City Hall by
Consultant, its officers, agents, and employees.
6. INDEPENDENT CONTRACTOR. The City hereby retains the consultant as
an independent contractor upon the terms and conditions set forth in this
Agreement and not as the City's agent or employee. The Consultant is free to
contract with other entities as provided herein. Consultant shall be responsible for
selecting the means and methods of performing the work. Nothing contained in
this Agreement is intended or should be construed as creating the relationship of
Employee/Employer, Master/Servant, co-partners or joint ventures between the
City and the Consultant. Consultant shall furnish all supplies, equipment, and
incidentals necessary for Consultant's performance under this Agreement. City
and Consultant agree that Consultant shall not at any time or in any manner
represent that Consultant or any of Consultant's agents or employees are in any
manner agents of employees of the City. Consultant shall be exclusively
responsible under this Agreement for Consultant's own FICA payments, workers
compensation payments, unemployment compensation payments, withholding
amounts, and/or self-employment taxes if any such payments, amounts, or taxes
are required to be paid by law or regulation.
7. REPRESENTATION. Consultant represents and warrants that Consultant's
building and code inspection services shall be performed only by an individual
that is certified under the State of Minnesota to perform building inspection and
code enforcement services on behalf of the City.
8. INDEMNIFICATION AND INSURANCE.
A. Indemnification. The Consultant shall defend, hold harmless, and
indemnify the City, its officers, agents, and employees, against any and all
liability, loss, costs, damages and expenses which the City, its officers or
employees may hereinafter sustain, incur, or be required to pay arising out
of the Consultant's negligent acts, errors or omissions in the performance
or failure to perform Consultant's obligations under this Agreement.
B. Insurance. Prior to commencing work under this Agreement, the
Consultant shall furnish the City with a Certificate of Insurance.
Consultant shall furnish and maintain during this Agreement such public
liability and property damage insurance as shall protect Consultant and
any subcontractors performing work covered by this Agreement and from
claims for property damages or personal injury which may arise from
operations under this Agreement, whether such operations are by
Consultant or by any subcontractor or anyone directly or indirectly
employed by either of them, including insurance in the following amounts:
1) Worker's Compensation -as provided in the applicable law.
2) Professional Liability: $1,000,000.00
3) Specified General Liability: $1,000,000
4) Comprehensive Automobile:
Liability- Personal Injury - $750,000.00/$1,000,000.00
Property Damage - $750,000.00
All insurance policies (or riders) required by this Agreement shall be(i)taken
out by Consultant and maintained with responsible insurance companies
organized under the laws of one of the states of the United States and qualified to
do business in the State of Minnesota, (ii) shall contain a provision that the
insurer shall not cancel or revise coverage there under without giving written
notice to Consultant as an insured party and to City as an additional insured at
least thirty(30)days before cancellation or revision becomes effective, (iii)shall
name Consultant as an insured party and City as an additional insured; and (iv)
shall be evidenced by a Certificate of Insurance listing City as an additional
insured which shall be filed with the City.
9. DEFAULT AND TERMINATION. This Agreement may be terminated by
either party at any time with or without cause, upon thirty days (30) days
written notice delivered by hand or by registered or certified mail. After
termination, the City shall have no further obligation to Contractor except to
compensate Contractor for services performed before Contractor's receipt of
notice of termination. If Consultant fails to substantially perform any of the
services required by this Agreement, the City may, upon written notice,
immediately cancel this Agreement in its entirety.
10. LEGAL ACTION. The City shall be responsible for commencing any legal
action necessary to enforce any and all provisions of the Minnesota State Building
Code or the applicable City Ordinances; provided however, Consultant agrees to
make appropriate personnel available for any such legal proceeding or to make
available any of its personnel for purposes of testifying as witnesses in said legal
proceedings to the extent that said proceedings concern matters relative to the
obligations Consultant has undertaken pursuant to this Agreement. The City shall
incur no additional expense for Consultant's time and preparation as a witness in
such legal proceedings.
11. INTEREST BY CITY OFFICIALS. No elected official, officer, or employee
of the City Hall, during his tenure of employment and for one year thereafter, has
any interest, direct or indirect, in this Agreement or proceeds thereof.
12. RECORDS. The Consultant shall maintain complete and accurate records
relating to the performance of Consultant's services under this Agreement, on
behalf of the City and in an orderly fashion. These records, or portions thereof,
shall be provided to the City upon request and in any event within 10 days of
termination of this Agreement. The books, records, documents, and accounting
procedures of Consultant relevant to this Agreement, are subject to examination
by the City and either the legislative or state auditor as appropriate, pursuant to
Minnesota Statues, Section 16B.06, subd.4.
13. WORK PRODUCT. All materials, including but not limited to reports, exhibits,
models, maps, charts, computer data, and supporting documentation produced
under work authorized by this Agreement shall become the property of the City
upon completion of the work or termination of this Agreement.
14. NOTICES. Pursuant to this Agreement, notices shall be hand delivered or
mailed as follows:
AS TO CITY: City of Faribault
208 NW 1 S` Ave.
Faribault, MN. 55021
AS TO
CONSULTANT: Municipal Inspections, Inc.
25275 Vergus Ave.
New Prague, MN 56071
Telephone: (952) 461-4777
Fax: (952) 461-2782
15. GOVERNING LAW. This Agreement shall be governed by the laws of the
State of Minnesota.
16. SUBCONTRACTING AND ASSIGNMENT. Consultant shall not enter into
any subcontract for performance of any services contemplated under this
Agreement without prior written approval of the City and subject to such
conditions and provisions as the City may deem necessary. Neither party to this
Contract shall assign the Contract, nor any interest arising herein, without written
consent of this other party.
17. EXTENT OF AGREEMENT. This Agreement represents the entire Agreement
between the City and Consultant and supersedes and cancels any and all prior
agreements or proposals, written or oral, between the parties relating to the
subject matter hereof.
18. AMENDMENTS. Any amendments, addenda, alterations, or modifications to
the terms and conditions of this Agreement shall be in writing and signed by both
parties.
IN WITNESS WHEREOF,the City and the Consultant have executed this
Agreement this day of , 2020.
CITY OF FARIBAULT
BY:
AND:
MUNICIPAL INSPECTIONS, INC.
By:
Gary Staber, President