2. SR 07-13-2011,/j
City of
Elk -~-,
River
REQUEST FOR ACTION
TO ITEM NUMBER
Ci Council 2
AGENDA SECTION MEETING DATE PREPARED BY
ul 13, 2011 Bob Ru recht, Buildin Official
ITEM DESCRIPTION REVIEWED By
Adoption of Electrical Inspection Ordinance and to Enter into a
Contract for Services REVIEWED BY
ACTION REQUESTED
1. Adopt an ordinance that will allow the City of Elk River to issue electrical permits and conduct
electrical inspections as well as conduct plumbing plan reviews for commercial building projects.
2. Action is also requested on the attached contract for electrical inspection services.
BACKGROUND/DISCUSSION
Electrical inspections have not been conducted on construction projects within the City of Elk River
since the recent State shutdown. Electrical inspections had been conducted by an inspector that was
contracted with the State of Minnesota. Several construction projects are immediately affected and all
could be affected very soon. Kelly Johnson was the inspector that contracted with the State for electrical
inspections in this area. Mr. Johnson has agreed to continue inspections in the City when this agreement
is approved.
All documents have been reviewed by the city attorney.
FINANCIAL IMPACT
20% of the electrical permit revenue will be retained by the City.
ATTACHMENTS
^ Ordinance documents
^ Contract documents
Action Morton by Second by Vote
Follow Up
N:\Public Bodies\City Council\Council RCA\Flectrical Inspector.doc
ORDINANCE NO. 11-_
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING CHAPTER 30,
ARTICLE II OF THE ELK RIVER CITY CODE OF ORDINANCES TO ADD
NEW SECTION 30-85 PROVIDING FOR INSPECTION OF ELECTRICAL
INSTALLATIONS WITHIN THE CITY OF ELK RIVER, AND NEW SECTION
30-86 PROVIDING FOR PLUMBING PERMITS, APPROVAL OF PLANS AND
SPECIFICATIONS, AND INSPECTIONS OF THE PLUMBING
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. That Chapter 30, Article II of the Elk River City Code of
Ordinances shall be amended to add new Sections 30-85 and 30-86, to read as follows:
Section 30-85. Electrical Inspections
a) Authority to inspect. The City of Elk River hereby provides for the inspection
of all electrical installations, pursuant to Minn. Stat. § 326B.36, Subd. 6.
b) Adopted by reference. The Minnesota Electrical Act, as adopted by the
Commissioner of Labor and Industry pursuant to Minnesota Statutes Chapter
326B, Sections 326B.31 to 326B.399, is hereby incorporated into this ordinance
as if fully set out herein. The Minnesota State Building Code incorporates by
reference the National Electrical Code pursuant to Minn. R. 1315.0020. All
such codes incorporated herein by reference constitute the electrical code of the
City of Elk River.
c) Compliance. All electrical installations shall comply with the requirements of
the electrical code of the City of Elk River and this ordinance.
d) Permits and fees. The issuance of permits and the collection of fees shall be as
authorized in Minnesota Statutes 326B.37. Any inspection or handling fees
will be payable to the City of Elk River.
e) Notice and appeal. All notices of violations and orders issued under this
ordinance shall be in conformance with Minn. Stat. § 326B.36, subd. 4.
f) Violations and penalties. A violation of the Minnesota Electrical Act is a
misdemeanor. (M.S. 326B.082, subd. 16).
Section 30-86. Plumbing Permits, Approval of Plans and Specifications and
Inspections.
a) Authority. The City of Elk River hereby provides for the issuance of plumbing
permits, approval of plumbing plans and specifications, and inspections of
plumbing, pursuant to Minn. Stat. § 326B.44.
b) Adopted by reference. Minnesota Statutes Chapter 326B, Sections 326B.41 to
326B.49 and Minnesota Rules Chapter 4715 ("Plumbing Code") are hereby
incorporated into this ordinance as if fully set out herein. All such codes
incorporated herein by reference are adopted pursuant to Minn. Stat. § 471.62
as the plumbing code of the City of Elk River.
c) Compliance. All plumbing systems, plans and specifications shall comply
with the requirements of the plumbing code of the City of Elk River and this
ordinance.
d) Insurance. Pursuant to Minn. Stat. § 326B.44, no person who engages in the
business of plumbing in the City of Elk River need post a bond or maintain
public liability insurance as a prerequisite for engaging in the business of
plumbing, except the bond to the state and insurance required under Minn. Stat.
§ 326B.46 and except any performance bond and insurance required under a
contract with the person for the performance of plumbing work for the City.
e) Permits and fees. Any inspection or permit fees will be payable to the City of
Elk River.
fj Violations and penalties. A violation of the plumbing code of the city of Elk
River is a misdemeanor and will be reported to the state department of labor
and industry. (M.S. 326B.082, subd. 16).
Section 2. That this Ordinance shall take effect upon adoption and be published
as provided by law.
Section 3. This Ordinance shall be revoked without further action of the City
Council once the Department of Labor and Industry is funded for the 2011 fiscal year by
legislative enactment of a state budget.
Passed and adopted by the City Council of the City of Elk River this 13t" day of July,
2011.
John J. Dietz
Mayor
Attest:
Tina Allard
City Clerk
GP:3009481 vl
CONTRACT FOR SERVICES
This Agreement, entered into this ~ ~ day of C,.~ `v _, ~ 1 l , by
and between ~\~~ ~~~~~~_ herein referred to as "Contractor", and the City of
~,~~ ~Z~ VC ,~ , a municipal corporation in the County of SY~ r ~~nY h ~: ,State of
Minnesota,
Herein referred to as "City";
WITNESSETH:
Whereas, the City of ~~ 1C, ~~~U e~" requires the services of an electrical
inspector to adnvinister the provisions. of Chapter~Q, Section ~ of its Ordinance Code
and the laws and. rules regulating the licensing of electricians and inspections of
electrical installation in the State of Minnesota.
WHEREAS, Ki ~, , a qualified State of Minnesota. electrical
inspector, has offered to perform such services;
NOW, THEREFORE, in consideration of One Dollar ($1.00),. the mutual
covenants of the parties contained herein, and other good and valuable consideration, the
parties hereby agree as follows:
1. Contractor shall perform the services of electrical inspector pursuant to the
terms of Chapter3b, Sections of the Ordinance Code. Such services shall be available
to the City, at the direction of the City Building Official, on an "on-call" basis at all hours
City Offices are open to the public. Contractor shall provide the City with information
necessary to allow for immediate contact when his services are required. His inspections
and reports shall be made, as nearly as possible, within one (1) business day of such
contact .Contractor shall further timely provide to the City, as required by the Building
Official, fiill detailed written reports documenting his said inspections.
2. Said services shall be preformed as an independent contractor, and not as
an employee of the City:
a. During times when Contractor has not been requested to perform
inspections for the City, he shall be free to perform inspection services for other entities
and engage in such other business activities as will not conflict with his performance of
the services required pursuant to said Ordinance or this Agreement.
b. Contractor shall provide at his sole expense all tools, equipment, office
space and transportation necessary to perform the services. required pursuant to this
Agreement and said Ordinance.
c. Contractor shall, as an independent contractor, receiv~e1 no benefits
available to the employees of the City nor rights afforded them, v~e~er monetary,
procedural ar otherwise. Specifically the City shall have no liability for including
Contractor in any unemployment compensation or public employee retirement benefits.
d. Contractor shall provide, at his expense, any worker's compensation
insurance coverage to the extent required by law.
3. All electrical permits on installations with fees $250 or less shall. expire
twelve months form the original filing date. Installations of fees in excess of $250 shall
be valid until complete. Payment for inspection services shall be made upon satisfactory
completion in the following manner:
a. ;~- U~ percent of the total fee received by the City for each electrical
permit shall be paid to the contractor for unexpired permits that have been finalized and
an affidavit of final inspection has been received by the City.
b. An invoice, {in an approved format) must be received and approved by the
City within twelve months of the permit origination date. No fees will be paid the
Contractor for services rendered not in accordance with the provisions of 2a above.
4. Contractor shall indemnify and. hold the City, its officers, agents and.
Employees harmless against and from any and all claims by or on behalf of any person or
persons for personal injuries, wrongful death, loss of use and property damage arising out
of his performance under the terms of this Agreement and the duties prescribed by the
City of E, ~~ ~~~ ~! ~' 1r" Ordinances.
5. Contractor shall maintain at his expense liability insurance covering the
Contractor's negligent. acts or omissions occurring during his performance of the terms of
this Agreement and the duties prescribed by the City of ~_~'~ ~ 1 V PY- City
Ordinances. A certificate of insurance shall be provided to the City on an annual basis.
6. The insurance required of the Contractor by this Agreement shall be in the
1 ~ G'4~Q : C~(? . L~t~
amount of $- each negligent act, error or omissions and $1,000,000 aggregate.
7. During the term of this Agreement, the City may at any time request proof
satisfactory to the City of required insurance. If in the City's opinion required insurance
is not being maintained, the City may immediately terminate this Agreement with out
liability whatsoever, upon written notice to Contractor.
8. Upon the failure of Contractor to perform the services contemplated
pursuant to the terms of this Agreement the City may immediately terminate this
Agreement without liability whatsoever, upon written notice.
9. This Agreement shall be in effect for the calendar year ~ and shall be
automatically renewed upon the same terms for an additional year unless either party
gives written notice of termination of the contact thirty (30) days prior to January 1 of
each year. This Agreement may be terminated by either party at any time for any reason,
or for no reason,. on 3 0 days written notice.
10. Any notice required. by this Agreement shall be sent as follows:
TO CITY
TO CONTRACTOR
11. If any provision of this Agreement shall be declared invalid or
unenforceable, the remainder thereof shall continue full force and effect.
12. This Agreement and the rights secured thereby shall not be assigned or
transferred. to any other person, entity or party, and the death, incapacity or termination of
either party shall act as an automatic termination of this Agreement without liability
whatsoever to the other party.
13. This Agreement cancels and terminates, as of its effective date, all prior
Agreements between the parties hereto covering the services covered hereby, whether
written or oral or partly written and partly oral.
IN WITNESS WHEREOF, the parties hereto have signed below as their free Voluntary and
knowing act.
Dated:
Mayor
Dated:
Dated:
City Clerk
Contractor
~ ~'""~~~a~~g~R~~~"~°~
. r~l~a~ ~ Ir~e~~s-r~.Y
443 Lafayette Road North
St Paul, MN 55155-4342
Phone: (651284-5026
www.dli.mn.gov Request for Electrical
Ins ection REI ermit
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InspeCtiOn Fee WOrkSheet
Item Description Quantity Fee Total
0 to 400 Amp Power Source $ 35/source
401 - 800 Amp Power Source $ 60/source
Over 800 Amp Power Source $ 100/source
0 to 200 Amp Circui# or Feeder $ 6ffeeder or circuit
Over 200 Amp Circuit or Feeder $ 15/feeder or circuit
0 to 400 Amp Power Source $ 70/source
401 - 800 Amp Power Source $ 120/source
~°oo Over 800 Amp Power Source $ 200/source
L
~
0 to 200 Amp Circuit or Feeder
$ 12ffeeder or circuit
O
Over 200 Amp Circuit or Feeder
$ 30ffeeder or circuit
New Multi-Family Dwelling Unit
with u to 20 circuits and feeders er unit $ 70/unit
New Multi-Family Dwelling Unit
additional circuits over 20 er unit
$ 6ffeeder or circuit
Existing Multi-Family Dwelling Unit
where 10 or more feeders or circuits are installed or extended $ 70/unit
Existing Multi-Family Dwelling Unit
(where less than 10 feeders or circuits are installed or extended) $ 6/feeder or circuit
Reconnected Existing Circuit or Feeder (for paneiboard replacements) $ 2/feeder or circuit
Transformer (Light, Heat or Power) rated up to 10KVA $ 15/transformer
Transformer (Light, Heat or Power) rated in excess of 10KVA $ 30/transformer
Manufactured Home Park (Lot Supply) $ 35/pedestal
RV Pedestals (all circuits originating in pedestal incl. factory circuits) $ 6/circuit
Street, Parking Lot, Outdoor, Traffic Standards $ 5/standard
Power Supplies for Signs & Outline Lighting $ S/power supply
Technology circuits & circuits less than 50 volts 75¢/device or apparatus
Retrofit of existing lighting fixtures 25¢/fixture
Additional inspection trip(s) $ 35/inspection trip
Investigative Fee (enter values in the Quantity and Fee columns)
Other...
TOTAL INSPECTION FEE is the fee calculated above,
or $35 multiplied by the number of required inspection trips, whichever is greater.
Enter lns ection Fee Here ~ on REI »
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