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HomeMy WebLinkAboutItem 09JP;a:pk�jRvlle July 21, 2014 Item No. Contractual Agreement for Temporary Re -roof Inspection Services July 21, 2014 City Council Meeting Proposed Actions Staff recommends adoption of the following motion: Move to approve an agreement for temporary re -roof inspection services with Charles Brezen effective July 21 2014. Passage of this motion will result in the City retaining an independent contractor to assist with the large number of re -roof permits that have been issued so far this year Overview As a result of a hail storm earlier this summer, the City has issued 1091 re -roof permits so far this year. During the same period last year, the City had issued 213 re -roof permits. This has created a backlog of requests to inspect completed re -shingled roofs and we are currently out more than a month on these inspection requests because of high level of other permit activity. Staff is recommending that we contract with a private inspector through the end of November in order to deal with the current backlog as well as new re -roof permits that may be issued yet this summer and fall. It is recommended that the attached proposed contract with Charles Brezen be approved. Mr. Brezen has been in the residential construction industry for over 20 years in both sales and management positions. The proposed agreement calls for the contractor to receive $25 for each re -roofing permit for which inspection services are provided. The current total fee for re -roof permits is $49.50. Upon 30 day written notice to the contractor, the City has the right to cancel this agreement without cause. Staff recommends approval of the attached agreement for temporary re -roof inspection services. Primary Issues to Consider • Will bringing in a contract inspector address the backlog of re -roof inspections? Staff anticipates that bringing a temporary contract inspector will significantly reduce the backlog. Supporting Information • Agreement for Temporary Re -r of Inspection Services with Charles Brezen. avid L. Olson Community & Economic Development Director c: Gene Abbott, Building Official Financial Impact: $25 per permit Budgeted: Y/N Y Source: Permit Application Fees AGREEMENT FOR REROOFINGREROOF INSPECTION SERVICES This Agreement (hereinafter referred to as "Agreement") is made this day of 2014, by and between the CrrY of LAKEVILLE (hereinafter referred to as the "City"), 20195 Holyoke Avenue,rLakeville, Minnesota 550444,�,��and jj (hereinafter referred to as the "Contractor"), �,qq. � K , e ``' RECITALS: WHEREAS, the City wishes to purchase the services of the Contractor as an reroofing inspector for the City; and WHEREAS, the Contractor is qualified to perform reroofing 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 reroofing 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 reroofing inspections, to verify compliance with applicable Building codes and ordinances in a manner established by the City's building official, as follows_ 1.0 SCOPE OF SERVICES FROM CONTRACTOR 1. Conform to all applicable federal, state and local laws, codes, ordinances and regulations, including, but not limited to, any applicable conflict of interest provisions. 2. Receive requests for reroofing inspections and schedule reroofing inspections during a time frame approved by the City. 3. Perform inspections on the day requested, except as approved by the City_ Provide appropriate identification when conducting city inspections. 4. Perform reroofing inspections for compliance with the current version of the State Building 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 reroofing inspection services if deemed necessary. 5. Be available by phone during established hours, as determined by the City, to receive calls related to code requirements, inspection procedures and other reroofing inspection matters. It is understood that the normal hours are generally from 8:00 a.m. to 4:30 p.m. 6. Provide the City with detailed written reports documenting each reroofing 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. 7. Be available on a limited basis to meet customers at scheduled times and locations. 8. Be available for inspections, consultation, meetings, and other inspection related duties that may not be associated with a reroofing permit. 9. Write correction notices and perform follow-up inspections to obtain compliance. 10. Follow inspection procedures and policies established by the City. 11. 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 RESPONSIBILr ES 1. Receive and process reroofing permit applications. 2. Collect reroofing permit fees and issue permits. 3. Input reroofing 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 $25.00 for each reroofing permit fee for services provided. Payment will be made on a monthly basis for finaled reroofing 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 2 The Contractor agrees to furnish reroofing inspection services on behalf of the City during the period commencing immediately upon approval date of this contract including successful background check and terminating November 30, 2014. 5.0 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended or should be construed as creating the relationship of co-partners or joint ventures 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 TERMINATION 1. Upon thirty (30) days written notice to the City, this Agreement maybe terminated by the Contractor should the City fail substantially to perform in accordance with the Agreement terms 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 non -cancellable. 8.0 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. 9.0 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. 10.0 SEVERABILTTY 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. 11.0 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. 12.0 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. 13.0 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_ 14.0 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. E IN WITNESS WHEREOF, the parties have hereunto set their hands this day of , 2014. CITY of LAKEVILLE: By: Matt Little, Mayor IUn Charlene Friedges, City Clerk Dated: 5 2014.