CR 93-217 Inspection Agreement Extension Wayzata
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. December 12th, 1993 -s- 0 ~ ~ Council Report No. 93-217
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INSPECTION AGREEMENT EXTENSION WITH WAYZATAFOR 1994
prooosed Action.
Staff recommends the following motion: Move to 'extend the current
aqreement between the City of Wavzata and City of Hookins for
insoection services and authorize the CitvManaqer to extend services
on a month to month basis.
App'roval of this motion will allow the city Manager to extend the
current agreement with Wayzata to provide continued inspection
services to Wayzata until they can hire their own inspector.
Overview.
The City of Wayzata lost their Building Official and has contracted
with the City of Hopkins for inspection serv;ices since August of 1991.
The current contract for inspection services expires on December 31st
. 1993. Wayzata has recently notified the. staff that due to increased
,~ construction activity they would like to hire their own Building
Official.
Wayzata has asked Hopkins to extend the contract for the next month or
two and allow them to hire an inspector, providing for a smooth
transition.
The fees generated from Wayzata will pay for the associated costs.
Primary Issues to consider.
o will the fees collected cover the associated costs.
o will additional staff be necessary
o Will the service to Hopkins residents suffer.
o What liability will the City incur.
o What does the staff recommend.
o Alternatives
Suooortinq Information.
.. ~ . 0 A eement.
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Thomas Anderson
City Building Official
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CR 93-217
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PrimarY Issues to Consider.
0 will the fees collected cover the associated costs?
The agreement we have with Wayzata provides the City
55 percent of all the fees they collect for their permit activity. We
have looked at the fee's Wayzata has generated over the last several
years and feel the 55 percent more than covers our costs.
0 will additional staff be necessary?
The Inspection Division will be able to handle the additional work
load with existing staff during these slower winter months. Wayzata
expects to have a new person on board by the busy summer months
0 will the service to Hopkins residents suffer?
. We feel confident that the extension can be accomplished with little
or no drop in service to the Hopkins residents.
0 What liability does the City incur?
The contract requires the City of Wayzata to hold harmless and
indemnify the City of Hopkins, its employees and Council against all
losses, claims, damages or expenses incurred, including legal fees,
arising as a result of this agreement. The City of Hopkins must
maintain workers compensation on all of the employees assigned to
inspections in Wayzata. If the Council approves an agreement, workers
compensation will be automatically extended to this function by our
insurance carrier at no additional cost to the city.
0 What does the staff recommend?
The staff recommends the Council authorize the City Manager to extend
the agreement with Wayzata on a month to month basis to allow Wayzata
a smooth transition to their own inspection personal.
Alternatives
1. Approve staff's recommendation.
. 2. Disapprove staff recommendation. staff will inform
Wayzata that the city of Hopkins will not be able to
provide inspection services beyond December 31st.
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. AGREEMENT FOR
BUILDING INSPECTION SERVICES
This agreement is made and entered. into this day of
, 1992, by and betw~en the city ,of Hopkins, Minnesota
(hereinafter "Hopkinslt); and the city of Wayzata (hereinafter
"Wayzata" ) and is made under and by virtue of Minn. Stat. 16B.62,
Subd.1 and 471.59, Subd. 1.
witnessed:
WHEREAS, wayzata is desirous of contracting viith Hopkins for
the performance of the hereinafter specified building inspection
services within Wayzata; and
WHEREAS, Hopkins, has agreed to render such services on the
terms and conditions hereinafter set forth; and
WHEREAS, an agreement such as this is authori.zed under and
by virtue of the provisions of Minn. Stat. 16B.62, Subd. 1 and
471.59, Subd.1.
NOW, THEREFORE, Hopkins agrees that it will provide building
. inspection services for Wayzata subject to the following terms
and conditions:
1. Definition of Buildina Code. The "Building Code"
administered and enforced under this agreement shall mean
the current edition of the Minnesota State Building Code
as adopted by the Minnesota Commissioner of
Administration from time to time pursuant to Minn. stat.
16B.59-16B.73 including the rules and codes
adopted by reference therein.
2. Adootion of Buildino CodE:!. Wayzata agrees 'to adopt by
ordinance the Building Code as defined above, and to keep
such adoption current as new model code editions are
subsequently adopted by the Commissioner o:E
Administration. Wayzata may adopt the standard fee
schedule or any alternate schedule as provided by 2MCAR
1.1011 CUBe 304a). Hopkins shall inform Wayzata whenever
the ordinance of Wayzata must be revised to include a new
or revised code edition.
3. Buildinq Official Services
The services to be provided by Hopkins shall include
pre-construction plan review and on-site construction
inspection as required for enforcement and administration
. of the Building Code. Specifically included are all
services relating to general construction, plUInbing,
heating, ventilating, air conditioning and refrigeration
work for which a permit is required under t:he Wayzata
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. building code. Specifically excluded are any services
relating to administration or enforcement of the
National Electrical Code, which is under the juris-
diction of the State Board of Electricity, Housing
and Fire code enforcement or any other Compliance code
inspections not performed in connection with issuance
of a building code permit. The services shall be
performed by the Hopkins Building Official, ( "BUILDING
OFFICIAL" ) or by a qualified building inspector
("BUILDING INSPECTOR") working under his direct
supervision.
4. Administration Procedures. This section is set forth to
clarify the responsibilities of each participant and to
establish procedures for issuing permits and performing
inspection service.
A) ResDonsibilitv of Permittee (Owner or Contractor):
1. Provide pre-permit confirmation of all Building
Code requirements with sufficient site and construction
design information as may be required byWayzata and/
or the Building Official.
. 2. Perform all construction in compliance with all
Building Code requirements.
3. Pay all required license, plan review, permit and
inspection fees toWayzata.
4. Call for all required inspections with sufficient
notice for proper scheduling (24hr. notice).
B) Resoonsibilitv of Wavzata
1. Administer and enforce all zoning requirements
including but not limited to approval of site plan,
building size, location and use, and general
performance standards.
2. Administer all contractor licensing requirements.
3. Issue all permits and collect local permit fees
and state or regional charges including Metropolitan
Waste Control SAC charges and state Building Code Sur-
charges.
4. Maintain permanent records.
. 5. Complete all periodic reports and governmental
surveys.
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. 6.Prosecute all violations.
7.Schedule inspections during regular business hours
and endeavor to group inspections for first thing in
the morning or last in the afternoon to minimize travel
time for the inspectors.
C. Resoonsibilitv of Hookins
1. Perform all pre-construction building plan
reviews.
2. Perform all construction inspections required for
Building Code enforcement.
3. Provide inspection reports and other information
for the permanent records kept by Wayzata.
4. Assist in all Building Code violation prosecutions
with the Building Official.'s time, records, and expert
information. Inspection services provided under
paragraph 9-C below, shall be compensated separately as
provided therein.
. 5. Assist Wayzata to Provide general Building Code
information to the citizens of Wayzata.
6. Provide inspection personal for up to eight hours
per week of office time at the Wayzata City Offices on
dates and at times mutually agreeable to both Hopkins
and Wayzata. If the Inspector is not needed at the time
established for office hours, the Inspector can conduct
other duties, including inspections, during this period
of time.
7. Subject to 9-C below, provide other inspection
services or technical recommendations related to
building code matters as may from time to time be
requested by Wayzata.
D. Procedure for Buildinq Code Administration.
1. Wayzata shall review all architectural drawings,
specifications and site plans and certify to the
Hopkins Building Official that the same are in
compliance with applicable zoning and ,land use
ordinances.
2. The Building Official or a qualified Building
. Inspector working under his direct supervision shall
review the building construction plans for conformance
with the Building Code and approve, or disapprove same
indicating reasons for such disapproval.
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3. Wayzata,upon approval of the plan by the Hopkins
Building Official and consistent with all local
requirements, issues the Building Permit, collects the
plan review fee, the local and regional fees and
notifies Hopkins of the permit day, number and other
pertinent.information.
4. The Permittee commences construction and requests
all required inspections in accordance with the.
proceQures set forth in chapter 3 of the Uniform
Building Code. .H
5 . ,The Building Official or a qualified Building
Inspector working under his direct supervision performs
required inspections and notifies Wayzata of. monthly
progress, any violations, and final completion.
6. Wayzata, upon final approval by the Hopkins
Building Official, and consistent with all local
requirements, issues the Certificate of Occupancy.
5. Administrative Resoonsibilitv. The daily adminis-
. tration of th,e building inspection services rendered
to Wayzata shall be under the sole direction of
Hopkins. The degree. of services rendered, the stan-
dards of performance and other matters relating to
regulations .and POlicies shall remain under the
control of Hopkins. The services rendered to Wayiata
under this agreement shall be performed at the City
offices of Hopkins, except for required on site
inspections or as otherwise specifically noted 'in this
agreement. Hopkins shall submit' to Wayzata a monthly
report of services rendered and charges due, in such
form and detail as Wayzata may reasonably require, as
well as. periodic suggestions regarding other matters
. relating to the inspection service.
6'. Communications, Eauioment and Supplies. Hopkins shall
provide the necessary supplies, equipment and vehicles
to the Hopkins Building Official, except Wayzata shall
provide any necessary supplies which must be specially
printed for Wayzata such as permits, forms,. etc.
7. Personnel, EmPlovees of Hookins. Personnel assigned
to perform the building inspection services for Wayzata
shall be employees of Hopkins which latter City shall
. assume all obligations arising our of the employment
relationship, including but not limited to salary,
worker's compensation, PERA, withholding tax and health
insurance with respect to such personnel. Wayzata shall
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not be required to furnish any fringe benefits or
compensation whatsoever to. Hopkins employees.
8. Authoritv of Insoection Personnel. The Hopkins
Building Official and Inspectors shall be provided
specific authority by Wayzata to administer and enforce
the. Building Code as provided by this agreement. Such
authority shall be granted by proper action of the City
of Wayzata.
9. Cost to Wavzata. For and in consideration of the ren-
dition of the services described herein,.. Wayzata shall
pay Hopkins as follows: '
A. BUILDING INSPECTION SERVICES
It is agreed Wayzata will pay Hopkins 55% of the
established building, plumbing, heating, and gas
fitting, permit fee's payable to the City ofWayzata.
The fee schedules currently adopted by Wayzataand
attached as appendix B shall be the minimum
established fee schedule used by Wayzata for
calculation of compensation due Hopkins for the
~,: services rendered under this agreement. If. .Wayzata
'. should adopt a new. fee schedule. establishing .fees that
arein excess of those shown on Appendix B the newly
. adopted fees that are in excess shall become the
established fees used for compensation due.. Hopkins.
Hopkins is responsible for all mileage and fees for the
Inspector.
B. PLAN REVIEW SERVICES
It is agreed' that Wayzata will pay Hopkins an
additional 55% of Wayzata's established building permit
fees for its plan review services. This fee will be
paid by Wayzata when a plan is required to be submitted
by section 302 b of the Building Code. In addition
Wayzata agrees to pay Hopkins .an additional fee to
cover the costs of any required outside third party
structural plan reviews when these outside services are
deemed necessary by the Hopkins building official.
C. OTHER INSPECTION SERVICES
Upon request by Wayzata, the Building Official or
Building Inspector will assist Wayzata in other
inspection services for inspections that are not
performed in connection with abuilding permit such as,
hazardous buildings, fire code enforcement, housing
code enforcement, compliance inspections, etc. which
. services will be paid on an hourly basis. The hourly
rate shall be the normal hourly rate of the employee
assigned plus 40% fringes. '
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10. Hold Harmless and Indemnification Aqreernent.
Wayzatashall indemnify and hold harmless Hopkins, the
City council of Hopkins; and the agents and, employees
of the city of Hopkins from and against all.claims,
damages, losses, liabilities or expenses, including
attorney fees arising out of or resulting from the
performance of the services to be provided pursuant to
this agreement '
1I. Termination or extension of Aqreernent The term of this
agreement shall commence on the ~day of Januarv. 1993
and shall terminate on the 31st day of December. 1993.
Wayzata shall pay for all services rendered after the
termination date which might be necessarily incurred to
complete work begun before the termination date.
Wayzata agrees to pay to Hopkins any expenses, including
reasonable attorney's fees, incurred by Hopkins in enforcing
the terms of this agreement.
. IN WITNESS WHEREOF, the parties have executed this
agreement in duplicate this day of , 1992,
and shall remain in effect until the 31st day of December, 1993.
ATTEST: CITY OF HOPKINS
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Mayor
City Manager
CITY OF WAYZATA
Mayor
City Manager
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. APPENDIX B
CURRENT WAYZATA FEE SCHEDULE
Description Adopted Proposed
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Building Code
Building permits (based on valuation) No Change
Up to$500 . $ 15.00
$ 501 - $ 2,001 $ 15.00+$2.00/$ 100 ,- ~
$ 2,001 - $ 25,000 $45.00+$9.00/$1,000
$ 25,001 - $ 50,000 $252.00+$6.50/$1,000
$ 50,001 - $ 100,000 $414.50+$4.50/$1,000
$ 100,001 - $ 500,000 $639.50+$3.50/$1,000
, $ 500,001 . :- $1,000,000 $2,039.50+$3.00/$1,000
$1,000,001 and up $3,539.50+$2.00/$1,000
Plan Check 65% of Building Permit Fee No Change
Plumbinq Permits
1st Fixture $10.00 $10.00
. Additional Fixtures $: 4. OOea. $ 4.00ea.
Heatinq Permits (based on valuation) No. Change
Up to $ 1,000 $15.00
$ 1,001 -$ 5,000 $ 15.00+$1.00/$ 100
$ 5,001 -$ 50,000 $55.00+$3.00/$1,000
$ 50,001" -$500,000 $190.00+$2.00/$1,000
$500,001 and up $1,090.00+$1.00{$1,000
Gas Fittinq Permits
Pipe less than 2 inches
For 3 operiings $ 4.25 $ 4.25
Additional openings 2.00 2.00
Pipe exceeding 2 inches.
For 3 openings $12.50 $12.50
Additional openings 2.50 2.50
Other Inspections and fees
Inspections outside normal
hours (min. 2 hrs.) $15.00jhr. . $15. 00 j hr .
Reinspection $15.00 $15.00
Other inspection/review $15.00/hr. $15.00jhr.
Underground tank removal $25.00
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