Loading...
HomeMy WebLinkAboutItem 06.w Date: Item No. Contract with Inspectron Inc. for Building Inspection Services Proposed Action Staff recommends adoption of the following motion: Move to approve an agreement for temporary building inspection services with Inspectron Inc. effective December 8, 2020. Overview The City of Lakeville is experiencing record levels of building permit issuance in 2020. Currently there are two building inspectors that have work restrictions that do not allow them to complete field inspections. This has required the Building Official and Asst. Building Official to complete a significant number of field inspections which is significantly limiting their ability to complete new building permit plan reviews. Staff is recommending that the City contract with Inspectron Inc. to provide temporary additional inspection services on an as needed basis. Inspectron is a consulting firm that is based in Rosemount and provides building inspection services to cities and townships on a temporary and regular basis. The proposed agreement calls for the Inspectron inspectors be paid $75 per hour for the completion of inspections in Lakeville. Currently it is estimated that Inspectron would be asked to provide 8-12 hours of inspection services per week. Upon 30 day written notice to Inspectron, the City has the right to cancel this agreement without cause. Staff recommends approval of the attached contract with Inspectron Inc. for temporary building inspection services. Primary Issues to Consider • Staff anticipates that bringing in a temporary contract inspector will allow the City to maintain established timeframes for the completion of plan reviews and scheduling of inspections. Supporting Information • Agreement for Building Inspection Services with Inspectron Inc. Financial Impact: $75.00 per hour Budgeted: Y☐ N☒ Source: Permit Application Fees Related Documents: Envision Lakeville Community Values: Good Value for Public Services Report Completed by: David L. Olson, Community & Economic Development Director December 7, 2020 BUILDING INSPECTION SERVICES CONTRACT This agreement is entered into this ___ day of December 2020 by and between Inspectron Inc., a Minnesota corporation with its principle place of business located 15120 Chippendale Ave., Rosemount, MN 55068 (hereinafter "Inspectron") and the City of Lakeville, a Minnesota municipal corporation with its principle offices located at 20195 Holyoke Avenue, Lakeville, MN 55044 hereinafter "City”). WHEREAS, the City has enacted the Minnesota Building Code (the "Code"); WHEREAS, the City requires building inspection services to ensure compliance with the Code; WHEREAS, Inspectron and or its employees are licensed to provide such inspection services; WHEREAS, the City desires to enter into an agreement for the purchase of Temporary building inspection services with Inspectron; and WHEREAS, Inspectron desires to provide such Temporary services to the City. NOW THEREFORE, upon adequate consideration, the receipt and sufficiency of which is acknowledged, the parties hereto agree as follows: 1. Inspection Services. During the term of this agreement, Inspectron agrees to perform the following services: a. Providing Building Code inspections as required by Minnesota Statutes and local ordinance; c. Providing re-inspections as required; e. Review of building plans for compliance with building code requirements. f. Other responsibilities as may be requested. City agrees to provide Inspectron with access to pertinent information, records, systems and data, as determined necessary in the discretion of Inspectron. The City shall provide all required forms. Inspectron shall assist in the responsibilities of administration and enforcement of the City’s zoning ordinance, initiating and reviewing all building permits for final zoning approval and land use. Inspectron shall perform the services under this contract at such location and at such times as Inspectron deems appropriate while providing up to 0-40 hours of building inspection per week. Inspectron shall provide all tools, transportation, and communication devices it deems necessary to carry out the field services of this agreement. Inspectron agrees to proceed diligently and in accordance with its usual course and manner of business. Inspectron may at its discretion retain subcontractors in the performance of this agreement. Inspectron shall notify the City in the event a subcontractor will be used to perform inspection services for the City. Inspectron is contractually responsible for all service provided, including any subcontracted labor. Inspectron shall comply with Minnesota Statute § 471.425. Inspectron must pay subcontractors for all undisputed services provided by subcontractors within ten days of Inspectron’s receipt of payment from the City. Inspectron must pay interest of 1.5 percent per month or any part of a month to subcontractor on any undisputed amount not paid on time to a subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. Inspectron agrees to perform additional services, to which the parties agree during the term of this contract, under the terms and conditions of this agreement. 2. Term of Agreement. This agreement is effective commencing December 8, 2020 and shall consist of a period of 12 months of service. This agreement may be extended upon written agreement of the parties upon such terms and conditions as contained herein. 3. Payment. In consideration of such consulting work, the City agrees to pay to Inspectron under the following schedule: a. $75.00/Hour Hourly charges are inclusive of all reimbursables, expenses, taxes and other charges. Additional work agreed to by the parties shall be paid at the rate of $75.00 per hour of services. All work shall be billed on a monthly basis and shall be due and payable within 30 days of receipt of such billing. Inspectron shall maintain complete and accurate records of time and expense involved in the performance of services. 4. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by Inspectron under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City’s prior written approval. The books, records, documents and accounting procedures and practices of Inspectron or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd. 7, which is created, collected, received, stored, used, maintained, or disseminated by Inspectron in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Inspectron shall comply with those requirements as if it were a government entity. All subcontracts entered into by Inspectron in relation to this Agreement shall contain similar Data Practices Act compliance language. 5. Relationship. Nothing in this agreement shall be construed to create employment, a partnership, joint venture, license or agency relationship and neither party shall have the right or authority to bind the other. The City agrees that it will not hire any of Inspectron’s employees, who have provided services under this agreement, during the term of this contract or for a period of one year after the expiration or termination of this agreement, without the express written consent of Inspectron. In the event the City hires such Inspectron employee(s) (with or without express written consent of Inspectron); the City shall notify Inspectron and pay a fee of ten (10%) percent of the employee’s 1st year annual salary with the City. Such payment shall be due upon commencement of employment with the City. 6. Indemnification. Inspectron agrees to indemnify and hold harmless the City, its officers and employees from any liability, claims, damages, costs, judgments, or expenses including attorney fees to the extent caused by an act or omission (including without limitation professional errors and omissions) of the contractor, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of Inspectron fully to perform in any respect all obligations under this Agreement. 7. Liability. Each Party will be solely responsible for its own acts and omissions and the results thereof to the extent authorized by law. 8. Documents. All reports, plans, models, software, diagrams, analyses, and information generated in connection with performance of this Agreement shall be the property of the City. The City may use the information for its purposes. The City shall be the copyright owner. The vesting of the City’s ownership of the copyright in materials created by Inspectron shall be contingent upon the City’s fulfillment of its payment obligations hereunder. Inspectron shall be allowed to use a description of the services provided hereunder, including the name of the City, and photographs or renderings of any projects which develop from the planning or other services provided by Inspectron, in the normal course of its marketing activities. 9. Standard of Care. Inspectron shall exercise the same degree of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by a professional Building Inspector under similar circumstances. No other warranty, expressed or implied, is included in this Agreement. Inspectron shall be responsible for the accuracy of the work and shall promptly make necessary revisions or corrections resulting from errors and omissions on the part of Inspectron without additional compensation. 10. Nondiscrimination. During the performance of this agreement, Inspectron shall not discriminate on the basis of race, color, creed, national origin, sex, sexual preference, marital status, status with respect to public assistance, disability, or age or any other basis prohibited by federal, state, or local law. The Consultant will include a similar provision in all subcontracts entered into for performance of this Agreement. 11. Independent Contractor. At all times and for the purposes herein, Inspectron is an independent contractor and not an employee of the City. 12. Insurance. Inspectron shall secure and maintain such insurance as will protect Inspectron from claims under the Worker's Compensation Acts, automobile liability, and from claims for bodily injury, death, or property damage which may arise from the performance of services under this Agreement. Such insurance shall be written for amounts not less than: Commercial General Liability $1,000,000 each occurrence/aggregate Automobile Liability $1,000,000 combined single limit Excess/Umbrella Liability $1,000,000 each occurrence/aggregate* The required minimum of umbrella coverage shall be $2,000,000, or the policy limits, whichever is greater. The City shall be named as an additional insured on the general liability and umbrella policies on a primary and noncontributory basis. Inspectron shall secure and maintain a professional liability insurance policy. Said policy shall insure payment of damages for legal liability arising out of the performance of professional services for the City, in the insured's capacity as a contractor, if such legal liability is caused by a negligent act, error or omission of the insured or any person or organization for which the insured is legally liable. The policy shall provide minimum limits of One Million Dollars ($1,000,000.00) per occurrence and Three Million Dollars ($3,000,000) aggregate with a deductible maximum of One Hundred Thousand Dollars ($100,000.00). Before commencing work, Inspectron shall provide the City a certificate of insurance evidencing the required insurance coverage in a form acceptable to City. 13. Termination. This agreement may be terminated by either party upon thirty (30) days written notice. Such termination shall not effect the rights and obligations of the parties accrued prior to the termination date or rights under paragraphs 3, 4 and 6. 14. Assignability. This agreement shall not be assignable by either party without the written consent of the non-assigning party. 15. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect in any respect the validity of the remainder of this Agreement. 16. Compliance with Laws and Regulations. In providing the services herein, Inspectron shall abide by all laws, statutes, ordinances, rules, and regulations pertaining to the services to be provided. Any violation shall be a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Law. This contract shall be governed by the law of the State of Minnesota. The parties agree that the venue of any legal action arising under the agreement shall be Dakota County, Minnesota. The parties further agree that in the event either party brings an action against the other to enforce any condition or covenant of this agreement the prevailing party shall be entitled to recover its court costs and reasonable attorney fees in the judgement rendered in such action.