Loading...
HomeMy WebLinkAbout2022-04-04 J01G_06 Contracted Building Inspections Agr\ AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: April 4, 2022 AGENDA ITEM: Consideration of approval of a resolution approving Building Department Services Agreement with Veenstra & Kimm [Contracted Building Inspector] FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: The Building Division within the Community Development Department has a need for assistance with building inspections. This need is attributed to an existing full-time building inspector being on medical leave for an extended period. For the Building Division to maintain an appropriate level of service to the building community, additional assistance is needed. The agreement is intended to last for no more than six (6) months. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: City agrees to pay Veenstra & Kimm $94.00 per hour. The hourly rate includes mileage. COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the Resolution. ATTACHMENTS: I. Resolution II. Agreement for Professional Consulting Services PREPARED BY: Andy Kass, Community Development Director REVIEWED BY: J1G6 THE CITY OF WAUKEE, IOWA RESOLUTION 2022- APPROVING AGREEMENT FOR BUILDING DEPARTMENT SERVICES AGREEMENT WITH VEENSTRA & KIMM, INC. [CONTRACTED BUILDING INSPECTOR] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, the City desires to retain the consultant services of Veenstra & Kimm, Inc. for building inspections; AND, WHEREAS, the scope of services consists of inspection of buildings, enforcement of building codes, and completion of inspection forms. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee that the Agreement for Building Department Services Agreement between Veenstra & Kimm, Inc. and the City of Waukee, Iowa [Contracted Building Inspector] is hereby approved. Passed by the City Council of the City of Waukee, Iowa, and approved the 4th day of April 2022. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman Pierce R. Charles Bottenberg Chris Crone Larry R. Lyon Ben Sinclair Building Department Services Agreement CONTRACTED BUILDING INSPECTION Waukee, Iowa THIS AGREEMENT, made and entered into this _____ day of April, 2022 by and between the CITY OF WAUKEE, IOWA, a municipal corporation, hereinafter referred to as the City, and VEENSTRA & KIMM, INC., a corporation organized and existing under the laws of the State of Iowa, hereinafter referred to as the Engineer. WITNESSETH: THAT WHEREAS, the City has enacted by ordinance certain codes for building standards for construction within the City, and WHEREAS, the Mayor and City Council desire to confirm the appointment of the Engineer as a contracted building inspector for various residential, commercial and industrial structures for a limited time. NOW, THEREFORE, the parties agree that the retention of the Engineer as building inspector shall be subject to the following terms and conditions, to wit: 1. SCOPE OF SERVICES. The Engineer agrees to provide those services necessary to comply with the requirements of the building code ordinance and zoning ordinance. With said services including but not necessarily limited to the following: a. Provide inspection of new construction, remodeling, renovation, and other associated services for residential, commercial, and industrial structures in accordance with the Code of Ordinances of the City of Waukee. b. Coordinate and undertake assigned building code inspections and enforcement of building codes and fire code in accordance City code, policy and procedure. c. Complete necessary forms for initial inspection, follow-up and final inspection on all assigned projects. 2. INDEMNIFICATION AND INSURANCE. The Engineer shall and hereby agrees to hold and save the City harmless from any and all claims, settlements and judgments, to include all reasonable investigative fees, attorney's fees, suit and court costs for personal injury, property damage, and/or deaths or damages arising out of the Engineers' or any of its agents' and servants' and employees' negligent acts, errors or omissions for services under this Agreement. -- The Engineer shall be able to provide evidence of comprehensive general liability coverage and contractual liability insurance by an insurance company licensed to do business in the State of Iowa in the limits of at least $1,000,000 each personal injury accident and/or death; $1,000,000 each aggregate personal injury and/or death; and $1,000,000 for each property damage accident. The evidence shall also state that it cannot be canceled or materially altered without giving the City at least thirty (30) days written notice. The Engineers shall also be able to provide evidence of automobile liability coverage in the limits of at least $1,000,000 bodily injury and property damage combined. The evidence shall also state that it cannot be canceled or materially altered without giving the City at least thirty (30) days written notice by registered mail. The Engineer shall and hereby agrees to hold and save the City harmless from any and all claims, settlements and judgments, to include all reasonable investigative fees, attorney's fees, suit and court costs for all personal injury and death to any and all of the Engineers’ agents, servants and employees occurring under the Workers Compensation Act of the State of Iowa, and shall provide evidence that such insurance is carried in the statutory limits. The Engineer shall also be protected against claims for injury, disease or death of employees which, for any reason, may not fall within the provisions of the Workers Compensation law. The Engineer shall provide evidence of errors and omissions insurance by insurance company licensed to do business in the State of Iowa, in the limit of $1,000,000 for claims arising out of the professional errors and omissions of the Engineer. The evidence shall also state that it cannot be canceled or materially altered without giving the City at least thirty (30) days written notice by registered mail. 3. COMPENSATION. The City shall compensate the Engineer a lump sum amount for each building inspection activity based on the following: Hourly rate charged: Building Inspector II = $94.00/hr. (this will include mileage) 4. PAYMENT. The City shall make payment to the Engineer fees due for building inspection and within thirty (30) days after the receipt of the fee from the applicant. 5. TERMINATION. This is a short-term agreement to supplement the existing building inspection department. An estimated 3 - 6 months of service is anticipated. This Agreement is to terminate on 10-1-22. This Agreement may be terminated by either party with 5 days written notice. 6. ASSIGNMENT. This Agreement may not be assigned by either party. 7. INDEPENDENT CONTRACTOR. Consultant understands and agrees that the Consultant and Consultant's employees and representatives are not City employees. Consultant shall be solely responsible for payment of salaries, wages, payroll taxes, unemployment benefits, or any other form of compensation or benefit to Consultant or Consultant's employees, representatives or other personnel performing the professional services specified herein, whether it be of a direct or indirect nature. Further, it is expressly understood and agreed that for such purposes neither Consultant nor Consultant's employees, representatives or other personnel shall be entitled to any City payroll, insurance, unemployment, worker's compensation, retirement, or any other benefits whatsoever. The undersigned do hereby covenant and state this Agreement is executed in duplicate as though each were an original and that there are no oral agreements that have not been reduced to writing in this instrument. It is further covenanted and stated there are no other considerations or monies contingent upon or resulting from the execution of this agreement, nor have any of the above been implied by or for any party to this Agreement. IN WITNESS WHEREOF, the parties have hereunto subscribed their names on the date first written above. CITY OF WAUKEE, IOWA ATTEST: By ______________________________ ___________________________ Mayor City Clerk VEENSTRA & KIMM, INC. March 17th By ___ __________________________________ DATE: _________________ , 2022.