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HomeMy WebLinkAbout6.g. Approval of Agreement Between the City of Rosemount and McMullen Inspecting, Inc. for Electrical Inspection Services 4 ROSEMOUNT EXECUTIVE SUMMARY CITY COUNCIL City Council Regular Meeting: June 17, 2014 AGENDA ITEM: Approval of Agreement Between the City AGENDA SECTION: of Rosemount and McMullen Inspecting, Consent Inc for Electrical Inspection Services PREPARED BY: Kim Lindquist, Community Development AGENDA NO. Director ATTACHMENTS: Agreement APPROVED BY: ,1cu RECOMMENDED ACTION: Motion to Approve Agreement SUMMARY David Jacobson the City's contract electrical inspector is retiring the first of July. Dave has recommended Pat McMullen as a replacement. The financial arrangement will be the same as the current situation; the contract inspector received 80% of the permit fees. The City is billed monthly. CONCLUSION The City Attorney has reviewed the contract is finds it acceptable. Staff is recommending approval of the contract. We have had a good relationship with Mr.Jacobson and hope to maintain that same working relationship with Mr. McMullen. AGREEMENT THIS AGREEMENT(Agreement) is made as of June 17,2014 by and between the City of Rosemount (the City), a Minnesota municipal corporation, and Patrick E. McMullen (the Inspector), McMullen Inspecting, Inc., P.O. Box 23447, Richfield, MN 55423. The City and the Inspector in consideration of the mutual covenants contained herein and other good and valuable consideration, agree as follows: SECTION 1. INSPECTION SERVICES. The inspection services to be provided by the Inspector are described in a general way on Exhibit A. SECTION 2.CONTRACT DOCUMENTS. The documents which make up the complete Agreement between the City and the Inspector are listed in Exhibit B. SECTION 3. DUTIES AND OBLIGATIONS. The Inspector shall commence performance of his duties and obligation pursuant to the terms of this Agreement, as specified on Exhibit C. SECTION 4. PAYMENT. Payments shall be made by the City to the Inspector in accordance with the schedule contained in Exhibit D. SECTION 5. COMPLIANCE WITH LAWS AND STANDARDS. a) The Inspector shall comply with all applicable federal and state statutes and regulations as well as local ordinances in effect during the term of this Agreement. b) The Inspector specifically represents that the Inspector is fully authorized, or licensed to furnish the services pursuant to this Agreement. c) Failure to meet the requirements of clauses(a) and (b), above, may be cause for City to cancel this Agreement, in addition,to any other remedies in this Agreement or otherwise available in law or equity. SECTION 6. INSURANCE. The Inspector shall purchase, with the Inspector's own funds,and maintain throughout the term of this Agreement the minimum types and amounts of insurance set forth in Exhibit E. SECTION 7. INDEMITY. The Inspector agrees to defend, indemnify, and hold harmless the City, its elected officials, officers,and employees, against any all liability, loss, costs,damages,and expenses which the City, its elected officials,officers, or employees, may hereafter sustain, incur,or be required to pay, arising out of the Inspector's performance or failure to perform his obligations pursuant to this Agreement. SECTION 8. INDEPENDENT CONTRACTOR STATUS. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of agents, partners,joint ventures or associates between the parties hereto or as constituting the Inspector as the employee of the City for any purpose or in any manner whatsoever. The Inspector is to be and shall remain an independent contractor with respect to the performance of all Inspector's obligations under this Agreement. SECTION 9. NONDISCRIMINATION. The Inspector agrees to comply with all applicable federal and state laws, rules, regulations, and executive orders with regard to unlawful discrimination on account of race,color,creed, religion, national origin, sex, marital status, status with regard to public assistance,disability,or age. SECTION 10. MINNESOTA LAW to GOVERN. This Agreement shall be governed by and construed in accordance with the substantive laws of the State of Minnesota,without giving effect to the principles of conflict of laws. All proceedings related to this Agreement shall be venued in Dakota County, Minnesota. SECTION 11. DATA PRIVACY. For purposes of this Agreement all data collected, created, received, maintained,or disseminated shall be governed by the Minnesota Government Data Practices Act, Minnesota Statute Chapter 13, and the Minnesota Rules implementing the Act now in force or hereafter adopted. SECTION 12.TERM;TERMINATION. (a) This Agreement shall become effective on the last date it is executed by one of the parties and shall remain in effect until July 1, 2017 unless terminated earlier as provided in this Section. (b) If the Inspector is in default of any material obligation under this Agreement,the City may terminate this Agreement by 30 days written notice to the Inspector unless within that time the default is cured or arrangements satisfactory to the City for correcting the default have been made by the Inspector. (c) In addition,the City may terminate this Agreement for its convenience and without cause by 30 days notices to the Inspector. (d) No termination shall limit or otherwise affect the respective rights and obligations of the parties accrued prior to the date of termination. SECTION 13. EXHIBITS. All exhibits referred to in this Agreement are incorporated herein by reference and are made a part hereof as if they were included in the text hereof. SECTION 14. BACKGROUND CHECKS. The City may perform background checks, in accordance with state law,on the Contractor or any of his subcontractors who provide services to the City. SECTION 15. RECORDS ACCESS. The Contractor shall provide the City access to any books,documents, papers,and records which are directly pertinent to the Agreement,for the purpose of making audit, examination,excerpts,and transcriptions,for three years after final payments and all other pending matters related to this Agreement are closed. SECTION 16. ASSIGNMENT. The Contractor shall procure the services of another qualified individual or company to provide services under this Agreement as a subcontractor to perform services under this Agreement or in the event that the Contractor is unable or unavailable for a period of more than one day. The Contractor shall obtain the express written approval of the City prior to subcontracting with the individual or company. The Contractor shall also inform the City in advance when subcontracting with this individual or company and for all requirements, including compensation that may be required under contract. SECTION 17. ENTIRE AGREEMENT,AMENDMENTS. This Agreement constitutes the entire Agreement between the parties, and no other agreement prior to or contemporaneous with this Agreement shall be effective,except as expressly set forth or incorporated herein. Any purported amendment to this Agreement is not effective unless it is in writing and executed by both parties. SECTION 18 NO WAIVER BY City of Rosemount. By entering into this Agreement,the City does not waive its entitlement to any immunity under statute or common law. City of Rosemount Dated: By: It's Mayor Dated: By: City Clerk PATRICK E. MCMULLEN Dated: By: III EXHIBIT A TASKS 1) Electrical Inspection Services of electrical work which is permitted within the City according to the City Code. EXHIBIT B CONTRACT DOCUMENTS 1) This Agreement(including all Exhibits) 2) Inspector's Insurance Certificate EXHIBIT C DUTIES AND RESPONSIBILITY 1) The Inspector shall provide electrical inspection service by performing onsite inspection of all new, remodeling, and alteration construction in the City on all residential, commercial, industrial and agricultural structures in accordance with all City Codes and the National Electric Code. 2) The Inspector shall keep records of inspection, repair notices, and red tags and maintain contact with the Chief Building Official. The inspector shall issue and attach final inspection tags upon final acceptance. 3) The Inspector shall submit monthly records of inspections for payment of all final inspections and partial inspections for large commercial or industrial structures. 4) The Inspector is empowered, at the Inspector's own cost and expense,to employ, subject to the approval of the City Engineer,any assistant inspectors and clerical assistants necessary for the proper conduct of his duties and obligations. 5) The Inspector shall be a Minnesota State Certified Electrical Inspector. Any assistant shall meet the same requirements. 6) The Inspector's services shall be provided in a timely manner in the City of Rosemount. Regular and responsive communication with City staff must be maintained to ensure the prompt delivery of inspection services. 7) The Inspector should keep regular hours(7:00 a.m.to 9:00 a.m.)on regular business days in order to answer questions from citizens and contractors. The remainder of the regular business day shall be devoted to inspections. 8) The Inspector shall have a voice telephone answering machine to allow citizens and contractors to leave messages when the Inspector is unable to answer the phone. 9) The Inspector,or any of his assistants, shall not engage in the sale, installation or maintenance of electrical equipment, directly or indirectly, and shall have no financial interest in any concern engaged in such business in the City. EXHIBIT D PAYMENT SCHEDULE 1) The City shall pay the Inspector 80%of the permit fees for electric work collected by the City upon final inspection,or partial inspection in the case of large commercial or industrial structures. 2) Invoices for payment shall be submitted by Inspector on a monthly basis. 3) All payments shall be made within thirty(30) days from receipt of invoice from Inspector. EXHIBIT E INSURANCE The Inspector shall obtain and maintain until the completion of this agreement and its final acceptance by the owner,at Inspector's own cost and expense,the following minimum insurance coverages with insurance companies licensed in the State of Minnesota and shall provide a certificate of insurance in form acceptable to the Owner as evidence of such coverages. A. Types of Insurance (On an occurrence basis) Limits of Liability 1. Commercial General Liability(including) $1,000,000/occurrence a. Comprehensive form $1,000,000/aggregate b. Premises-completed operations c. Explosion and collapse hazard d. Underground hazard e. Contractual liability f. Broad form property damage g. Independent contractors h. Owners&contractors protective 2. Automobile Liability (including) Combined single limit Each occurrence $1,000,000 a. All owned autos b. Scheduled autos c. Hired autos d. Non-Owned autos 3. Excess Umbrella Coverage $1,000,000/occurrence $1,000,000/aggregate 4. Worker's Compensation Statutory 5. Employer's Liability $500,000 6. Professional Liability (Errors and Omissions) $1,000,000/act,error or omission $1,000,000 aggregate B. General liability,automobile liability,and excess"umbrella" liability shall name the Owner as additional insured. The coverage afforded to the additional insured shall be primary insurance. If the additional insured has other insurance which is applicable to the loss,such other insurance shall be on an excess or contingent basis. The amount of the Inspector's liability shall not be reduced by the existence of such other insurance. C. General Liability, automobile liability and excess umbrella coverages shall only be on an "occurrence" basis. Professional Liability Insurance may be on a "claims-made" basis. D. Professional Liability: If the Inspector is underwritten on a claims-made basis,the Retroactive Date shall be prior to or coincident with the date of this contract and the Certificate of Insurance shall state that coverage is claims made and also the Retroactive Date. The Contractor shall maintain coverage for the duration of this contract and for the two years following the completion of this contract. The Inspector shall provide the City annually a Certificate of Insurance as evidence of such insurance. It is further agreed that the Inspector shall provide the City a 30-day notice of aggregate erosion, an advance of the Retroactive Date, cancellation and/or renewal. It is also agreed that either the Inspector or City may invoke the Extended Reporting Period Option, on behalf of the other party and that Extended Reporting Period (ERP) premium shall be paid by the Inspector. E. All Insurance policies shall provide that the Owner shall be notified in writing by the insurer of the cancellation or the restrictive amendment of the policy not less than 30 days prior to the date that the cancellation or restrictive amendment takes effect. All notices will be sent to the Owner by registered or certified mail. F. As used in this Exhibit E,the word "Contractor" Includes the Inspector.