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HomeMy WebLinkAboutItem 06.mLc�k�i lle Contractual Agreement for Electrical Inspection Services May 20, 2013 City Council Meeting Proposed Action Staff recommends adoption of the following motion: Move to approve an agreement for contract electrical inspection services with Brian Grey effective June 1, 2013. Passage of this motion will result in the City retaining an independent contractor as an electrical inspector. Overview On April 17, 2013, the City received a notice of contract termination from the current contract electrical inspector effective June 1, 2013. The City issued in late April, a Request for Proposals (RFP) to contract for electrical inspection services. The City received proposals from four potential contract electrical inspectors. After completion of the interviews and contacting references, staff is recommending entering into an agreement with Brian Grey. Mr. Grey has over 27 years of experience as an electrician including 15 years as an electrical contractor. He possesses both a journeyman electrician license and master electrician license. As owner of his own company, Mr. Grey has experience in inspecting his employees' work that ranged from single family residential work to multi - million dollar commercial projects. The proposed agreement for services with Mr. Grey calls for him to receive 80% of the electrical permit revenue which is consistent with the current contract. Mr. Grey will be responsible for scheduling all electrical inspections and will provide his own vehicle and other necessary equipment. Mr. Grey is also required to provide insurance coverage for both himself and the City. The proposed initial agreement is for 13 months to align with State electrical inspector contracts with an automatic renewal for successive one year terms thereafter. Upon written notice to the contractor, the City has the right to cancel this agreement without cause. Staff recommends approval of the attached agreement for electrical inspection services. Primary Issues to Consider Are the qualifications and proposed percentage of permit fees to be collected from Mr. Grey for electrical inspection services consistent with the City's requirements? Mr. Grey is qualified to be an electrical inspector and his proposed fee is consistent with our current contract inspector. Supporting Information • Agreement for Electrical Inspection Services with Brian Grey. David L. Olson Community & Economic Development Director Financial Impact: $ Budgeted: Y/N Y Source: AGREEMENT FOR ELECTRICAL INSPECTION SERVICES This Agreement (hereinafter referred to as "Agreement ") is made this day of May 2013, by and between the CITY OF LAKEVILLE (hereinafter referred to as the "City "), 20195 Holyoke Avenue, Lakeville, Minnesota 55044, and BRIAN L. GREY (hereinafter referred to as the "Contractor "), 44142 Valley View Drive, St. Peter, MN 56082 RECITALS: WHEREAS, the City wishes to purchase the services of the Contractor as an electrical inspector for the City; and WHEREAS, the Contractor is qualified to perform electrical inspection services for the City and is willing to provide such services pursuant to this Agreement; and WHEREAS, the City has been authorized by the City Council to enter into an agreement for electrical services with the Contractor; and NOW, THEREFORE, in consideration of the mutual covenants and undertakings hereinafter stated, the parties to this Agreement agree that the Contractor shall be retained to provide electrical inspections, to verify compliance with applicable electrical codes and ordinances in a manner established by the City's building official, as follows: 1.0 SCOPE OF SERVICES FROM CONTRACTOR 1. Maintain license as a master or journeyman electrician in the State of Minnesota. 2. Conform to all applicable federal, state and local laws, codes, ordinances and regulations, including, but not limited to, any applicable conflict of interest provisions. 3. Receive requests for electrical inspections and schedule electrical inspections during a time frame approved by the City. 4. Perform inspections on the day requested, except as approved by the City. Provide appropriate identification when conducting city inspections. 5. Perform electrical inspections for compliance with the current version of the State Electrical Code and related laws, rules and City ordinances. Such services shall be made available by the contractor to the City on all weekdays, during all hours that the City offices are open to the public. The City may contract with additional contractors to provide electrical inspection services if deemed necessary. 6. Be available by phone during established hours, as determined by the City, to receive calls related to code requirements, inspection procedures and other electrical inspection matters. It is understood that the normal hours are generally from 8:00 a.m. to 4:30 p.m. 7. Provide the City with detailed written reports documenting each electrical inspection in a form approved by the City. Such reports shall be completed and submitted within one business day of the permit applicants request unless otherwise agreed to by the City. 8. Be available on a limited basis to meet customers at scheduled times and locations. 9. Be available for inspections, consultation, meetings, and other inspection related duties that may not be associated with an electrical permit. 10. Write correction notices and perform follow -up inspections to obtain compliance. 11. Follow inspection procedures and policies established by the City. 12. Provide a City approved back -up plan that indicates how inspections will be performed during high volume periods, sick days, vacation time, etc. 2.0 CITY'S RESPONSIBILITIES 1. Receive and process electrical permit applications. 2. Collect electrical permit fees and issue permits. 3. Input electrical inspection results provided from the contractor into the permit information management system (PIMS). 4. Maintain permit and inspection records. 5. Pay the Contractor monthly for completed permits. 3.0 COMPENSATION AND EXPENSES The Contractor will receive 80% of the electrical permit fee. Payment will be made on a monthly basis for finaled electrical permits. At the beginning or at the end of the contract, the amount due the Contractor will be prorated based upon the percentage of inspections completed. The Contractor will be responsible for the Contractor's costs, transportation, telephone, stickers, correction notices and other related costs necessary to complete the inspections. 4.0 TERM The Contractor agrees to furnish electrical inspection services on behalf of the City during the period commencing the 1 st day of June, 2013 and terminating June 30, 2014. N 5.0 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended or should be construed as creating the relationship of co- partners or joint venturers with the City. No tenure or any rights or benefits, including workers compensation, unemployment insurance, medical care, sick leave, vacation leave, severance pay, PERA, or other benefits available to City employees shall accrue to the Contractor for performing services under this Agreement. 6.0 INDEMNIFICATION The Contractor agrees that he will defend, indemnify, and hold harmless the City, its officers and employees, against any and all liabilities, loss, costs, damages and expenses, which the City, its officers and employees may hereinafter sustain, incur, or be required to pay, arising out of the Contractor's performance or failure to adequately perform its obligations pursuant to this Contract. 7.0 INSURANCE 1. The Contractor does further agree that in order to protect himself as well as the City under the indemnity provisions set forth above, the Contractor will at all times during the term of this Agreement and for a period of three (3) years thereafter, have and keep in force a general liability insurance policy in the amount of at least $1,000,000.00. The contractor shall further furnish the City with a Certificate of Insurance for such coverage upon the execution of this Agreement. Contractor must name the City as an "additional insured" under his general liability policy. 2. Contractor shall provide a certificate of insurance showing evidence of workers' compensation coverage or provide evidence of qualification as a self - insurer of workers' compensation. 3. Contractor shall maintain automobile liability insurance, and if necessary, umbrella liability insurance with a limit of not less than $1,000,000 for each accident. If such insurance contains a general aggregate limit, the general aggregate limit shall be not less than $1,500,000. The insurance shall cover liability arising out of any auto, including owned, hired, and non -owned autos. 8.0 TERMINATION 1. Upon thirty (30) days written notice to the City, this Agreement may be terminated by the Contractor should the City fail substantially to perfonn in accordance with the Agreement terns through no fault of the Contractor. 2. Upon written notice to the Contractor, the City reserves the right to terminate all or part of this Agreement without cause. 3. Upon receipt of a termination notice, the Contractor shall cease all work and delivery, save those necessary to protect the public health, welfare and safety. 4. Termination shall not invalidate any obligation properly incurred by the Contractor prior to receipt of the termination notice to the extent that such obligations are noncancellable. 9.0 AUDIT AND DISCLOSURE The Contractor shall allow the City, or its duly authorized agents, reasonable access to such of the Contractor's books and records, documents, accounting procedures and practices as are permitted to all services provided under this Agreement. 10.0 RECORD RETENTION The Contractor shall retain all records pertinent to this Agreement for a minimum of three (3) years after the contract completion and audit by the City, except that if any litigation, claim or adverse audit finding exists, the record shall be kept until final disposition thereof has been resolved. 11.0 SEVERABILITY The provisions of this Agreement are severable. If any portion hereof is for any reason held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 12.0 ENTIRE AGREEMENT The entire agreement of the parties is contained herein. This Agreement supersedes all agreements and all negotiations between the parties relating to the subject matter hereof, as well as any previous agreements presently in effect between the parties. Any alterations, amendments, deletions or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 13.0 COMPLIANCE WITH LAWS AND REGULATIONS In providing services hereunder, the Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to the provision of such services, including those now in effect and hereafter adopted. 14.0 WAIVER Any waiver by either party of a breach of any provision of this Agreement shall not affect in any respect the validity of the remainder of this Agreement. 15.0 GOVERNING LAW This Agreement shall be controlled by the laws of the State of Minnesota. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Dakota County. 16.0 RENEWAL This Agreement shall automatically be renewed for successive one year term unless one party notifies the other party at least thirty (30) days in advance that the term shall not be extended. IN WITNESS WHEREOF, the parties have hereunto set their hands this day of May, 2013. CITY OF LAKEVILLE: IM Matt Little, Mayor M. Charlene Friedges, City Clerk Dated: , 2013.