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HomeMy WebLinkAbout2011-07-06 PACKET 08.B.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 7/6/11 p PREPARED BY Community Development Danette Parr ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST Consider approving the Agreement for Electrical Inspection Services between the City of Cottage Grove and Dietrich Electric, Inc. for electrical inspection services. Consider adopting the ordinance amendment to the City's Fee Table adding fees for electrical inspections. STAFF RECOMMENDATION 1. Approve the Agreement for Electrical Inspection Services between the City of Cottage Grove and Dietrich Electric, Inc. for electrical inspection services. 2. Adopt the ordinance amendment to the City's Fee Table adding fees for electrical inspections. SUPPORTING DOCUMENTS ® MEMO /LETTER: Memo from Bob LaBrosse dated 7/6/11 ❑ RESOLUTION: ® ORDINANCE: Draft ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: MOTHER: Agreement for Electrical Inspection Services ity Administrator Date COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER ORDINANCE NO. XXX AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, AMENDING CITY FEES TO ADD ELECTRICAL PERMIT FEES The City Council of the City of Cottage Grove, Washington County, Minnesota, does hereby ordain as follows: SECTION 1. AMENDMENT The official fee schedule for the City of Cottage Grove shall be amended by adding the following fees: BUILDJNGICON,STRUCTIt` N' EER . ;...2011 FEES r: ; _ TS Electrical Permits: Minimum inspection fee = 35.00 Basement finish 70.00 garage/Detached 35.00 70.00 if finishin interior Pool /In- round 70.00 Pool /Abov round 3$ 5.00 Room Additions 70.00 Air Conditioner 35.00 New Home 100.00 Chanainq Service $35.00 (up to/ including , 400 amps Chan in Service 60.00 4 01 to 800 am s Add Circuits $6.00 per circuit or feeder 0 -200 amps (minimum trip charge is Ili-O- State Surcharge for Electrical Permits $5.00 SECTION 2. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this 6th day of July 2011. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk Published in the South Washington County Bulletin on [Date]. CITY OF COTTAGE GROVE A MINNESOTA TO: J Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: Bob LaBrosse, Chief Building Official DATE: July 6, 2011 RE: Electrical Inspections Background During the State of Minnesota shutdown, the Minnesota Department of Labor and Industry Building (Mn /DOLI) Codes and Services has been deemed a non - essential service. Therefore, the State Board of Electricity will no longer provide electrical plan review or inspections, which essentially will stop construction activities. Currently, electrical permits for projects in Cottage Grove are issued by Mn /DOLI, and all electrical inspections are conducted by a State Electrical Inspector. The Building Division is requesting that the City enter into a contract with our current State Electrical Inspector, Mr. William Dietrich, to provide electrical inspections and plan reviews. The City would issue permits for electrical work and collect the permit fees. Recommendation 1. Approve the Agreement for Electrical Inspection Services between the City of Cottage Grove and Dietrich Electric, Inc. for electrical inspection services. 2. Adopt the ordinance amendment to the City's Fee Table adding fees for electrical inspections. This agreement for electrical inspection services between the City of Cottage Grove (hereinafter referred to as the "City "), 7516 80th Street South, Cottage Grove, Minnesota, 55016, and Dietrich Electric, Inc. (hereinafter referred to as the "Contractor ") RECITALS: WHEREAS, the City wishes to purchase the services of the Contractor as an electrical inspector for the City; and WHEREAS, the Contractor is qualified to perform electrical inspection services for the City and is willing to provide such services pursuant to this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and undertakings hereinafter stated, the parties to this Agreement agree that the Contractor shall be retained to provide assigned electrical inspections, to verify compliance with applicable electrical codes and ordinances in a manner established by the City's Chief Building Official, as follows: SCOPE OF SERVICES 1. Perform electrical inspections assigned by the City for compliance with the current version of the State Electrical Code and related laws, rules, and city ordinances. 2. Perform inspections on the day requested, except as approved by the City. 3. Be available by telephone during established hours, as determined by the City, to receive calls related to code requirements, inspection procedures, and other electrical inspection matters. It is understood that the normal hours are generally from 8:00 a.m. to 4:30 p.m. 4. Report to the Inspections Division to pick up inspection requests, report on completed inspections, and be available to City staff. 5. Be available on a limited basis to meet customers at scheduled appointed times and locations. 388705v1 CAH CT155 -12 6. Be available for inspections, consultation, meetings, and other inspection related duties that may not be associated with an electrical permit. 7. Write correction notices and perform follow -up inspections as needed to obtain compliance. 8. Follow inspection procedures and processes established by the City. 9. Maintain computer capability to access the City inspection system via the internet. Input inspection results in the City inspection database via internet connection from an off -site terminal. The City may choose to record inspection results in house in lieu of this requirement. 10. Provide a City- approved back -up plan that indicates how inspections will be performed during high volume periods, sick days, vacation times, etc. II. CITY'S RESPONSIBILITIES 1. Issue permits 2. Provide inspection approval stickers and correction notices. 3. Maintain permit and inspection records. 4. Pay the Contractor monthly for completed permits. III. COMPENSATION AND EXPENSES The Contractor will receive 75 percent of the electrical permit fee. Payment will be made on a monthly basis for completed permits. At the end of the contract, the amount due the Contractor will be prorated based upon the percentage of inspections completed. The Contractor will be responsible for the Contractor's costs, transportation, telephone, and other related costs necessary to complete the inspections. Prior to the processing of any and all payments to the Contractor pursuant to this Contract, compliance with Cottage Grove Finance Department regulations on the completion and filing of W -9 forms and other IRS and Minnesota Department of Revenue taxing forms is required. IV. TERM -2- The Contractor agrees to furnish electrical inspection services on behalf of the City during the period commencing the 1st day of July 2011 and terminating July 1, 2014. V. INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended or should be construed as creating the relationship of co- partners or joint venturers with the City. No tenure or any rights or benefits, including workers compensation, unemployment insurance, medical care, sick leave, vacation leave, severance pay, PERA, or other benefits available to City employees shall accrue to the Contractor for performing services under this Agreement. VI. REQUIRED LICENSE. The Contractor will ensure that all inspections performed under this agreement are performed by a master electrician who is licensed by the State of Minnesota and whose license must be in force at all times relevant to this agreement. VII. INDEMNIFICATION The Contractor agrees that he will defend, indemnify, and hold harmless the City, its officers and employees, against any and all liabilities, loss, costs, damages, and expenses, which the City, its officers and employees may hereinafter sustain, incur, or be required to pay, arising out of the Contractor's performance or failure to adequately perform its obligations pursuant to this Contract. VIII. INSURANCE 1. The Contractor does further agree that in order to protect himself as well as the City under the indemnity provisions set forth above, the Contractor will at all times during the term of this Agreement and for a period of three (3) years thereafter, have and keep in force a general liability insurance policy with the following limits: • $ 1,000,000 Per Occurrence $ 1,000,000 Personal & Advertising Injury • $ 1,000,000 Products - Completed Operations Aggregate $ 2,000,000 General Aggregate -3- ® $ 100,000 Fire Damage $ 10,000 Medical Expense (Any one person) The Contractor shall further furnish the City with a Certificate of Insurance for such coverage upon the execution of this Agreement. 2. Contractor shall provide a certificate of insurance showing evidence of workers compensation coverage or provide evidence of qualification as a self- insurer of workers compensation. 3. Contractor shall maintain automobile liability insurance, and if necessary, umbrella liability insurance with a combined single limit of not less than $1,000,000.00 each accident. If such insurance contains a general aggregate limit, the general aggregate limit shall be not less than $1,000,000.00. The insurance shall cover liability arising out of any auto, including owned, hired, and non -owned autos. 4. Contractor shall also provide Additional Insured Endorsement naming the City of Cottage Grove as Additional Insured on the General Liability and Automobile Liability insurance policies. Additional insured coverage shall apply as Primary Insurance with respect to any other insurance afforded to the City IX. TERMINATION 1. Upon thirty (30) days written notice to the City, this Agreement may be terminated by the Contractor should the City fail substantially to perform in accordance with the Agreement terms through no fault of the Contractor. 2. Upon seven (7) days written notice to the Contractor, the City reserves the right to terminate all or part of this Agreement whenever the City determines that the continuation of this Agreement is not in the best interest of the City. 3. Upon receipt of a termination notice, the Contractor shall cease all work and delivery, save those necessary to protect the public health, welfare, and safety. -4- 4. Termination shall not invalidate any obligation properly incurred by the Contractor prior to receipt of the termination notice to the extent that such obligations are noncancellable. X. AUDIT AND DISCLOSURE The Contractor shall allow the City, or its duly authorized agents, reasonable access to such of the Contractor's books and records, documents, accounting procedures and practices as are permitted to all services provided under this Agreement. XI. RECORD RETENTION AND DATA PRACTICES. The Contractor shall retain all records pertinent to this Agreement, for a minimum of three (3) years after the contract completion and audit by the City, except that if any litigation, claim or adverse audit finding exists, the record shall be kept until final disposition thereof has been resolved. Contractor will have access to data collected or maintained by the City to the extent necessary to perform Contractor's obligation under this contract. Contractor acknowledges that, pursuant to Minn. Stat. § 13.05, subdivision 11, all of the data created, collected, received, stored, used, maintained or disseminated by Contract in performing the contract are subject to the requirements of the Minnesota Government Data Practices Act (the Act), Minnesota Statutes chapter 13. Contractor is required to comply with the requirements of the Act as if it were a government entity. Contractor acknowledges that the remedies provided in Minn. Stat. § 13.08 apply to Contractor with respect to such data. Contractor will notify the City of all requests for data that Contractor receives. Contractor agrees to defend and indemnify the City from any claim, liability, or damage that results from Contractor's violation of the Act or this section of the contract. Upon termination of this contract, Contractor agrees to return data to the City as requested by the City. The obligations of this section of the contract, including the obligation to defend and indemnify the City, shall survive the termination of this Contract and shall continue so long as the data exists. 5- XII. SEVERABILITY The provisions of this Agreement are severable. If any portion hereof is for any reason held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. XIII. ENTIRE AGREEMENT The entire agreement of the parties is contained herein. This Agreement supersedes all agreements and all negotiations between the parties relating to the subject matter hereof, as well as any previous agreements presently in effect between the parties. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. XIV. COMPLIANCE WITH LAWS AND REGULATIONS In providing services hereunder, the Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to the provision of such services, including those now in effect and hereafter adopted. XV. WAIVER Any waiver by either party of a breach of any provision of this Agreement shall not affect in any respect the validity of the remainder of this Agreement. XVI. GOVERNING LAW This Agreement shall be controlled by the laws of the State of Minnesota. XVII. RENEWAL This Agreement may be renewed by mutual agreement of the parties with all the terms and conditions herein being renegotiated by the parties. XVIII. SUBCONTRACTING AND ASSIGNMENT Contractor shall not enter into any subcontract for performance of any services contemplated under this Contract without the prior written approval of the City and subject to such conditions and provisions as the City may deem necessary. The Contractor shall be responsible for the performance of all subcontractors. XIX. NONDISCRIMINATION During the performance of this Agreement, the Contractor agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance status, criminal record, creed, or national origin be excluded from full employment rights in, participation in, be denied the benefits of, or be otherwise subjected to discrimination under any and all applicable federal and state laws against discrimination. IN WITNESS WHEREOF, the parties have hereunto set their hands this day of 1 2011. DIETRICH ELECTRIC, INC.: By: William Dietrich Its: Owner Dated: 2011 By: Cottage Grove City Attorney CITY OF COTTAGE GROVE: By: Myron Bailey Its: Mayor Dated: 1 2011 By: Ryan Schroeder Its: City Administrator Dated: 2011 -7- STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON ) On this day of ' 2011, before me, a Notary Public within and for said County, personally appeared Myron Bailey and Ryan Schroeder, to me personally known, being each by me duly sworn did say that they are respectively the Mayor and City Administrator of the City of Cottage Grove, the municipal corporation named in the foregoing instrument; and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said municipal corporation by authority of its City Council and Myron Bailey and Ryan Schroeder acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF ) On this day of , 2011, before me, a Notary Public within and for said County, personally appeared known, who being by me duly sworn did say that he is the Dietrich Electric, Inc. on behalf of the corporation. to me personally of Notary Public -8- Dietrich Electric, Inc. P. 0. Box 401 Cottage Grove, is William Ray Dietrich Electrical Inspector 80 a _ Avenue South C*tt. Grove Mi nn e sot a Cell Phone (651) 428 -8134 Home (651) 459 -2792 Qualifications William Dietrich - Electrical Inspector Electrical Inspector for the City of Cottage Grove Cities Electrical Inspector for the of r St. Paul Park, Newport, Grey Cloud Island, and Inver Grove Heights Board of Directors (2 Vice President) Minnesota Chapter of the International Association of Electrical Inspectors Class A Masters License - AM05503 Class A Journeyman License - AJ01700 Over 35 years experience in the Electrical Industry 2 years electrical construction class at St. Paul Technical Vocational School Graduated in December 1975 Completed state approved apprenticeship program with the following electrical contractors: Kluchka Electric, SKS Electric, Arcade Electric I am currently the Electrical Inspector for the City of Cottage Grove. I am also the Electrical Inspector for the Cities of Woodbury, St. Paul Park, Newport, Grey Cloud Island, Denmark Township and Inver Grove Heights. I was a self employed electrical contractor operating under the name of Dietrich Electric, Inc. from February 1999 to June 2005. -.. .. • ; I have worked as a Journeyman Electrician, Foreman, General Foreman, General Foreman in- charge, Estimator, Project Manager, Supervisor, Electrical. Business Contractor (owner) and Electrical Inspector. I have taken all required classes. Some of the classes I have attended are 16 hours of continuing education on the 2011 electrical code change, Management, CPR, 1 st Aid, Xcel energy safety, Railroad right of way safety, MN /DOT, Certified Construction Technician for highway lighting and signals (2000 - 2003). William Dietrich - Work Experience i f Type of business - electrical service changes Muller - Prybil Utilities, Inc. Master Electrician of Record Arcade Electric, Inc. Apprentice Electrician Journeyman Electrician General Foreman Estimator Project Manager SKS Electric Apprentice Electrician 1995-1999 September 1977 - January • Kluchka Electric June 1976 - September 1976 Apprentice Electrician