HomeMy WebLinkAboutCity of LaPorte City-4/18/201128E AGREEMENT
FOR
BUILDING INSPECTIONS AND PLAN REVIEW
The parties to the Agreement are the City of Waterloo, Iowa, Building Department (hereinafter
referred to as "Waterloo Building") and The City of La Porte City, Iowa, Building Department
(hereinafter referred to as "La Porte City"). This Agreement is effective from and after the 19th day of
April, 2011.
RECITALS
WHEREAS, Waterloo Building and La Porte City are public agencies pursuant to Iowa Code
§28E.2; and
WHEREAS, La Porte City desires to engage the services of Waterloo Building to furnish
technical and professional assistance for building inspections and plan review; and Waterloo
Building has indicated its willingness to provide such technical and professional services to La
Porte City;
WHEREAS, the previously executed 28E Agreement dated March 13, 2000 is hereby
repealed;
NOW, THEREFORE, the parties mutually agree as follows:
1. SCOPE OF CITY SERVICES. Waterloo Building agrees to perform in a good, professional
manner the services required for building, electrical, plumbing and mechanical inspection within the city
limits of La Porte City. The building inspection services will be provided on an "as needed" basis
Monday Wednesday and Friday mornings between the hours of 9:00 am and 12:00 pm. After -hour, or
"Special Inspections" (any time other than the above specified times yet still within Waterloo Buildings
hours of operation) will be conducted upon special request for a surcharge of $45.00, subject to
availability of a Waterloo Building inspector. All reports and records concerning inspections and plan
review shall be kept in the office of the Building Official of La Porte City. Inspections will be provided
for compliance with the adopted building codes of the City of La Porte City and the current National
Electric Code (NEC), and any amendments thereto including but not limited to the La Porte City Code of
Ordinances Chapter 154, Chapter 155, Chapter 156, and Chapter 165.27 including all amendments. The
Building Inspector shall provide sufficient written documentation of the inspections in order to permit
adequate record keeping' for such inspections.
Waterloo Building shall also provide Plan Review Services for La Porte City. Review of plans
shall consist of verifying compliance with applicable adopted codes and ordinances. For purposes of
applicable permanent retention, all plans are the property of La Porte City.
2. MATERIALS TO BE PROVIDED BY LA PORTE CITY. In the event that any information,
data, report, record, and maps exist and are available to La Porte City, which may be useful for Waterloo
Building to carry out the services of this Agreement, these materials shall be promptly furnished to
Waterloo Building without cost or expense to it. Waterloo Building and its inspectors will provide all
equipment and tools needed by them to make the required inspections.
3. MEETINGS AND REPORTS. Upon reasonable notice to be given not less than seventy-two
(72) hours prior, Waterloo Building agrees to attend meetings with the La Porte City City Council, Board
of Adjustment, and staff as requested during the term of this Agreement. In addition, Waterloo Building
will produce reports, studies, and memoranda in connection with carrying out the services outlined in this
Agreement.
4. SUBCONTRACTORS. Waterloo Building may elect to use subcontractors to perform certain
portions of the services. Waterloo Building shall remain responsible for all services.
5. CHANGES. Any changes in this Agreement, including Scope of City Services, and any
modification of the amount of compensation, shall be first mutually agreed upon by Waterloo Building
and La Porte City and incorporated into a written amendment.
6. COMPENSATION AND PAYMENT METHOD. La Porte City shall pay to Waterloo Building
for services rendered on a monthly basis in accordance with the attached Exhibit "A" within thirty (30)
days after having received an invoice which sets forth the itemized statement of inspections and services.
7. TIME OF PERFORMANCE AND DELAYS BEYOND CONTROL. The services of Waterloo
Building shall begin upon receipt of an executed copy of this Agreement, and shall, except for causes
beyond control, be completed in a timely manner.
8. NON-DISCRIMINATION. For purposes of this Agreement and the delivery of services by
Waterloo Building, Waterloo Building agrees not to discriminate by reason of age, race, religion, color,
sex, natural origin, or handicap.
9. COMMUNICATION. All communication between Waterloo Building and La Porte City shall be
deemed appropriate and permissible via telephone, cell phone, voicemails, e-mail, fax and first class mail.
Persons desiring inspections shall contact La Porte City for scheduling. If arrangements are required for
Special Inspections at times other than Monday Wednesday or Friday morning, then, and when Waterloo
Building is available for said Special Inspection, La Porte City will arrange for such inspections.
10. ENTIRE AGREEMENT. This Agreement and the manner expressly referred to herein constitute
the entire agreement between the parties. No representations, warranties, undertakings, or promises have
been made by either party hereto unless expressly stated herein. All amendments hereto, if any, shall be in
writing and executed by the parties.
11. TERMINATION OF AGREEMENT. This Agreement may be terminated by either party upon at
least thirty (30) days written notice, except as stated in paragraph 12. In the event of termination,
Waterloo Building shall be compensated for all services performed to termination date, together with
reimbursable expenses then due.
12. DURATION. This Agreement may be terminated at any time after the first six (6) months by
giving at least thirty (30) days written notice, as set out in paragraph 11 above.
13. SEPARATE ORGANIZATION. No separate organization is formed or contemplated by this
Agreement.
14. PURPOSE. The purpose of this Agreement is to provide Building Inspection and Plan Review
services to La Porte City. No separate financing vehicle or method is used, except for purchase of
inspection services from Waterloo Building by La Porte City, as set out in paragraph 6 of this Agreement.
15. DISPOSITION OF PROPERTY. The parties do not anticipate that there will be joint ownership
of any property; and if the Agreement is terminated pursuant to the provisions of paragraph 11, each party
shall retain in its control that property that it brought into the Agreement.
16. ADMINISTRATION. The Waterloo Building Official and the City of La Porte City Building
Official or their designee shall administer this program pursuant to the provisions of Iowa Code
§28E.6(1).
17. METHOD OF HOLDING PROPERTY. The parties do not contemplate that there will be joint
ownership of any property, and each party shall retain its own personal property. There shall be no real
estate purchased pursuant to this Agreement.
IN WITNESS WHEREOF, Waterloo Building and La Porte City have executed and delivered
this Agreement on the date entered on of this agreement.
Executed this 19th day of April, 2011
Ernest G. Clark, Waterloo Mayor
Rick R. Lubben, La Porte City Mayor
EXIJBIT "A"
REGULAR INSPECTION COSTS:
When inspections are requested, the inspection fee will be based upon the following inspection time and
car mileage calculations:
Chief Combination Inspector:
Cost per hour $ 26.10
Administration - 15% $ 3.91
TOTAL $ 30.01 per hour
It is understood that all personnel performing inspections shall be employees of Waterloo Building, and Waterloo Building shall pay all employee
related compensation, including taxes and employee benefits.
Car Mileage:
Round Trip to LaPorte City 32 miles
Driving Miles for inspections (1-10) 5 miles
Total 37 miles
Mileage rate @ $.48 x 37 miles
TOTAL $ 17.76
Total Inspection Fee's:
Inspector and Administration x 3 hours $90.03
Mileage $17.76
TOTAL COST $107.79 per trip
If no inspections are requested, no trip to La Porte City will be required and no expense for that day will
be incurred.
SPECIAL INSPECTION COSTS:
In the event after hours inspections are required, that is, outside the agreed upon hours of 9:00 am through
12:00 pm, there shall be a separate $45.00 surcharge invoiced to the City of La Porte City by Waterloo
Building and in turn invoiced from City of La Porte City to the applicable permit holder, general
contractor or sub contractor.
PLAN REVIEW COSTS:
Plan Review will be provided by Waterloo Building upon request and submittal of approved plans. La
Porte City will be invoiced an hourly fee of $39.45 for this service.