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HomeMy WebLinkAbout4.t. Contract for Inspection Services on Public Buildings k Y CITY OF ROSEMOUNT EXECUTIVE SUD��ARY FOR ACTION CITY COUNCIL MEETING DATE: OCTOBER 5, 1993 AGENDA ITENl: Contract for Inspection AGENDA SECTION: Services on Public Buildings Consent Agenda PREPARED BY: AGENDA NO. Paul Heimkes, Public Works/Building � ATTACffi�lENTS: Resolution and Contract AP�VE� � � The State of Minnesota Building Codes and Standards Division has requested that we enter into a "Longterm" agreement for plan review, code administration and code enforcement on all public buildings constructed within Rosemount. They have currently been doing this same type of °Contract" with our Building Inspection Division but on a project by project basis creating a lot of extra paperwork and red tape on each project. They are now willing and are requesting that this same agreement system be done on a three year basis. The State always has and is again allowing us to use one of three options for this service. The options are: 1. Provide all services permanently on all public buildings. 2 . Provide only inspection services on public buildings. 3 . Choose on a project by project basis what services we would like to provide and when we will provide them. We are recommending that as we have in the past, we elect to use option three and choose which services we can provide on a project by project basis. We are recommending option three because some construction projects require more time than others and we have neither the staff nor the time to cover all services required on very large projects, and be able to continue the required services to the rema.inder of the community. RECO�NDED ACTION: MOTION BY COUNCIL TO ADOPT RESOLUTION 1993- APPROVING THE CONTRACTUAL AGR�EMENT BETWEEN THE CITY OF ROSEMOUNT AND THE STATE OF MINNESOTA FOR CODE ENFORCEMENT AND ADMINISTRATION ON PUBLIC BUILDINGS WITHIN THIS MUNICIPALITY. COUNCIL ACTION: CITY OF ROSEMOUNT DAROTA COUNTY, MINNESOTA RESOLUTION 1993 - A RESOLUTION ADOPTING A CONTRACTUAL AGREEMENT BETWEEN THE CITY OF ROSEMOUNT AND THE STATE OF MINNESOTA DEPARTMENT OF ADbiINISTRATION BUILDING CODES AND STANDARDS DIVISION TO PROVIDE FOR PLAN REVIEW, CODL ADMINISTRATION AND CODF ENFORCE�FNT SFRVICES FOR PIIBLIC BIIILDINGS IN THE JIIRISDICTTON OF ROSEMOtTNT. WHEREAS, a contractual agreement between the State of Minnesota, Department of Administration Building Codes and Standards Division and the City of Rosemount will be adopted as requested by the State. WHEREAS, the contractual agreement will allow the City of Rosemount to choose on a project by project basis which public building project the Municipality wishes to pravide services for plan review; code administration and code enforcement for within its jurisdiction. WHEREAS, said contractua� agreement shaTl terminate July 1, 1996 and may be renegotiated at that time. WHEREAS, the City of Rosemount will provide a licensed building official and inspectors adequately trained and qualified to provide code administratiQn and services as defined in Minnesota State 16B60 Subd. 6 : NOW, THEREFORE, BE IT RESOLVED by the City Council of Rosemount Minnesota, hereby approves the contractual agreement requested by the State of Minnesota for the purposes contained herein. ADOPTED this 5th day of October, 1993 . E. B. McMenomy, Mayor ATTEST: Susan M. Walsh, City Clerk Motion by: Seconded by: Voted in favor: Voted against: CONTRACTUAL AGREEMENT BETWEEN 3 City of Rosemount and STATE OF NRNNESOTA, DEPARTMENT OF ADMINIST'RATTON BUILDING CODES AND STANDARDS DIVISION Recitals WHEREAS, the State of Minnesota, Commissioner of Administration, by and • through the Department af Admi.n.istration, Building Codes and Standards Division, (hereinafter"State")is authorized pursuant to Minn.Sta� § 16B.61,subd. la to contract with a municipality for plan review, code administration,and code enforcement service for public buildings in the contractual jurisdiction, � WHEREAS, city of Rosemount � (hereinafter "Municipality"), as defined in Minn. Stat. § 16B.60, subd. 3, constitutes an entity with which the state shall contract for plan review, code administration, and code enforcement service for public buildings in the contractual jurisdiction, WI�REAS, the Municipality wishes to provide these services, WHEREAS, the Municipality's building official meets the requirements of Minn. State § 16B.65, WHEREAS, the State has determined that the Municipality has enough adequately trained and qualified building inspectors to provide those services for public building projects defined in Minn. State § 16B.60, subd. 6: NOW TI�REFORE,in consideration of the mutual covenants contained herein,the State and the Municipality enter into this Contract for the purpose of conferring upon the Municipality responsibility for administration of the State Building Code, Minn. Stat. § 16B.59 to 16.73 and Minn. Rules Chapters 13Q0 - 1370 (hereinafter "Code") for public buildings within the Municipality's jurisdiction, as follows: 1. Recitals. The above recitals are true and are incorporated herein by this reference. 2. S�ecific Projects. a. Municipality may, at its option, choose the projects for which it wishes to � provide serviees by indicating that choice on the project form provided to the Municipality by the State, an example of which form is attached as Exlubit A, and by returning the form within�15 days to: Building Codes and Standards Division 408 Metro Square Building 7th & Roberts Streets St. Paul, Minnesota 55101 b. Municipality agrees to adopt a resolution at a meeting duly called and attended by a quonun authorizing an individual to exercise the:municipality's option under this paragraph by inidaling and signing the project form. �A certificate of the resolution will be provided to the State prior to or upon municipality exercising its option. c. Specific project forms once completed and duly executed by the authorized municipal official and the state building insp�ctor are incorporated by reference and made a part of this Contrac�t. The executed specific project � form constitutes notice upon receipt to�the State that the municipaiity thcreby exercises its option. 3. Mum�aIi Duties: For those projects for which the Municipality opts to administer the Code under paragraph 1, the Municipality may, at its option, choose to perform the duties enumerated under either subdivision (a) or subdivision (b) of this paragraph byindicating that choice on the project form provided to the municipality by the State. a. To attend to all aspects of code administration and code enforcement, . including: 1. Prelim.inary plan review with the State when required by the State, 2. Plan review of building and grounds with municipal plan review -� comments, designer's respanses,and state plan review application form signed by designer and forwazded to the State when requested, 3. Application, enforcement and interpretations of all Code provisions, 4. Documentation on file of all equivalencies and modifications to Code as required by UBC 145 and 106, 5. Issuance of all permits, 6. Maintenance of alI records (inspection records, special inspection reports, tests); 7. Issuance of certificate of occupancy with a copy informi.ng the Sta.te Building Inspector when services are completed, � 8. Completion of the Building Codes and Standards Division public building pro}ect report form, which is to be provided by the State. b. To attend to all aspects of code administration and code enforcement for inspections only, including: 1. Issuance of all pemuts 2. Maintenance of all records (inspection records, special inspection reports, tests); 3. Issuance of certificate of occupancy with a copy i.nforming the State . Building Inspector when services are completed: 4.. Completion of the Building Codes and Standards Division public building project report form, which is to be provided by the State. 4. T�rm of Contract. This Contract shall be effective upon execution by the State Building Inspector and will terminate on July 1, 1996,unless cancelled by either party under paragraph 5, "Cancellation." 5. �ncellation. This Contract may be cancelled by the State or lViunicipality at any time, with or withaut cause, upon thirty (30) days written notice to the other party. 6. ' ili . Municipality assumes all liability for its actions and actions of its employees and agents performing under this Contract and is governed by the provisions of the Municipal Tort Claims Act, Minn. State. Ch. 466. 7. Ass�nment. Municipality shall neither assign nor transfer any rights or obligations under this Gontract. 8. �tate Audits. The books, records, documents, and accounting procedu.res and practices of the Municipality relevant to this Contract shall be subject to examination by the contracting department and the legislative auditar. � 9. Fees and Surcharges. All costs of admi.nistering the building code under this Contract shall be charged by the Municipality as prescribed by Minn. Sta� §16B.61, subd. 1a No fees, charges or surcharges shall be paid by the Building Codes and Standards Division of the Department of Administ�ation, State of Minnesota, under the provisions of this contract. �- 10. 9�ershiF of Documents. Any reports, studies, photographs, negatives or other documents prepared by the Municipality in the performance of its obligations under this Contract shall be the exclusive properry of the State and all such materials shall be remitted to the State upon request. Municipality shall not use, willingly allow or � cause to have such materials used for any purpose other than performance of State's obligations under this Contract without the prior written consent of the State. 11. Amendments or ChangeS. a. Any additions or changes to this Contract must be in writing and must be agreed to by each party by having the proper autharized designees sign each amendment, exhibit, and addendum. b. Any additions and changes executed and agreed to as required by subdivision (a) of this paragraph must be approved as to form and execution by the Deputy Attorney General for the Division of Public Finance. Approved: By: Title: Municipal City Manager/Admi.nistrator Date: �proved: By: � Title: Municipal Building Official Date: Approved: Minnesota Department of Administration Build.ing Codes and Standards Division By: Title: State Building Inspector Date: Approved as to form and execution: By: - Title: Date: ti [bc\form\contract.yrl] ' RIGHT OF APPEAL: An owner of property to be assessed may appeal the assessment to the district court of Dakota County pursuant to Minnesota Statutes, Section 429 . 081 by serving notice • of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption- of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. LIMITATION ON No appeal may be taken as .to the amount of APPEAL: any assessment adopted by the City Council unless a written objection signed by the affected property owner is filed with the . Clerk prior to the assessment hearing or . presented to the presiding officer at the hearing. All objections to the assessments not received at the assessment hearing in the manner prescribed by Minnesota Statutes, Section 429 .061 are waived, _ unless the failure to object at the assessment hearing is due to a reasonable cause. DEFERMENT OF Under the provisions of Minnesota ASSESSMENTS: Statutes, Sections 435.193 to 435. 195, the . City may, at its discretion, defer the . � payment of assessments for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. However, the City has elected not to estab�ish any deferment procedure pursuant to those Sections. SPECIFIC AMOUNT TO The amount to be sgecifically assessed BE ASSESSED against your particular 1ot, piece of parcel of land is shown on the attached � Exhibit A. PREPAYMENT: You may prepay the entire assessment to the Treasurer of the City until the assessment . . roll is certified to the County Auditor; after certification to the County Auditor, prepayments of the �entire amount remaining due may be made to the County Auditor at any time prior to November 15 in the year this assessment is adopted. NO PARTIAL The City Council has not authorized the partial prepayment of assessments prior to certification of the assessment or the 2 ' first installment thereof to the County Auditor. PREPAYMENT WITHOUT No interest shall be charged if the entire INTEREST, OR WITH assessment is paid within 30 days fram INTEREST TO END OF the adoption of the assessment roll. At YE�� any time prior to November 15 of any year � following the year the assessment is certified, the owner may prepay to the City Treasurer the whole assessment remaining due with interest accrued to December 31 of the year in which the prepayment is made. INTEREST R.ATE; If the assessment is not prepaid within 30 days from the adoption of the assessment roll, interest will accrue on the assessment at the rate of ?.52840. Interest accrues from the date to be specified in the resolution levying the assessment, but not earlier than the date of such resolution. Assessments shall be payable in egual annual installments extending over a period of up to 10 years, � the first of the installments to be payable with general taxes for the year 1993, collectible with such taxes during` the year - 1994 . . Dated this 7th day of September, 1993 . BY OR.DER OF THE CITY COUNCIL. S an M. W sh City Cle City of Rosemount Dakota County, NII�T 3 ; CITY OF Ro���u.,.....,.. .��� u�,cu��vu 5, Minneapolis MN _ u ic. . 55416 I A�975 S 6,342 34 67428 020 01 Quinn Randall T& 14297 Cranberr Wa Phyllie Y Y Rosemount MN 55068 S6,342 34 67428 030 p� Chapple Layne W 8, 17084 Glencoe Ave Denlae M Lakeville MN 65044 S6,342 34 67428 040 p�• Mittaletaedt Bros. Conat., inc. 785 Sunset Drive Eagan MN . 65123 S6,342 34 67428 050 p� Allard Petrick J & 14277 Cranberr Wa i Y Y Rosemount $6,342 Carole L MN 55068 34 67428 060 01 Braunwarth Alan M& Mary 14271 Cranberr Wa E Y y Rosemount MN 55068 $6,342 34 67428 070 p� i Grou�d Properties, Inc , t550 Utica Ave S Minneapolie MN • �975 55416 56,342 34 67428 080 01 Gergen Jeffrey A & 14257 Cranberry Way Rosemount Paula J MN 55068 $8,342 34 67428 •090 01 Margarit Kevin J & Carol 14249 Cranberr Wa 34 67428 100 Y Y Rosemount MN 55068 $6,342 �1 Drummond Richard S & 14241 Cranberry Way Rosemount MN Tamara S 55068 36,342 34 67428 110 p� i M W Johneon Const 14261 Cedar Ava Inc Apple ValleY MN 55124 56,342 34 67428 � 120 �� Ground Development 1550 Utloe Ave S Inc #975 Minneapolis • MN 55416 $6,342 3' �,. � '� , 34 Sheet 1 of 3 34 34, 34 ' 34 ,, ..... . ., ,,� .�z.: .. ' � ss���. *� � _ - �. . � . . � . .. .