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HomeMy WebLinkAboutItem 10December 5, 2011 Item No. Contractual Agreement for Electrical Inspection Services Proposed Actions Staff recommends adoption of the following motion: Move to approve an agreement for electrical inspection services with Steven Kletschka effective January 1, 2012. Passage of this motion will result in the City retaining an independent contractor as an electrical inspector rather than a City employee. Overview The City Council authorized staff to issue a Request for Proposals (RFP) to contract for electrical inspections at the October 17 meeting. The City received proposals from seven electrical inspectors and staff selected five contract inspectors to be interviewed. After completion of the interviews and contacting references, staff is recommending entering into an agreement with Steven Kletschka. Mr. Kletschka has been a contract electrical inspector for the State of Minnesota since 2001. In January of this year he entered into a contract with the City of Faribault to provide electrical inspection services. He had previously been a State contracted inspector for the City of Faribault as well as several adjacent counties. Mr. Kletschka plans to work exclusively for the cities of Lakeville and Faribault starting in 2012. The proposed agreement for services with Mr. Kletschka calls for him to receive 80% of the electrical permit revenue. Mr. Kletschka will be responsible for scheduling all electrical inspections and will provide his own vehicle and other necessary equipment. Mr. Kletschka is also required to provide the required insurance coverage for both himself and the City. The proposed agreement is for one year with an automatic renewal for successive one year terms. Upon written notice to the contractor, the City has the right to cancel this agreement without cause. Staff recommends approval of the attached agreement for electrical inspection services. Primary Issues to Consider • What are the financial benefits to the City as a result of contracting for electrical inspection services? The Finance Department has estimated a net financial benefit in 2012 of $31,000 as the City would be eliminating a Senior Electrical Inspector position as of 12/31/2011. Supporting Information • Agreement for Electrical Inspection Services with Steven Kletschka. Da d L. Olson Community & Economic Development Director Financial Impact: $ Budgeted: Y/N Y Source: OBJECTIVE QUALIFICATIONS Residential Work Commercial Work Industrial Work Service Work Inspection Services WORK HISTORY EDUCATION LICENSES Steven Michael Kletschka 530 Tatepaha Blvd., Faribault, MN 55021 Cell Phone: 507 - 330 -4391 Home Phone: 507 - 334 -6097 To obtain the position of the Electrical Inspector for the City of Lakeville Planned and laid out the blueprint, installed wiring and supervised other electricians. Provided electrical services for new construction (homes, town homes and apartments) and remodeling. Planned and laid out the blueprint with the General Contractor, installed wiring and supervised other electricians. Provided electrical services for restaurants, golf courses, motels, strip malls, body shops, retail and grocery stores, community swimming pools, car dealerships, storage units and mobile home parks. Planned and laid out plans with Plant Supervisor, installed wiring and supervised other electricians. Provided electrical services for glass companies(Cardinal Glass, Viratec), Land -o -Lakes and Wood -Metal Fabrication companies. Provided electrical service for the City of Faribault's yearly contract. These services included: water department, sewage plant and airport. Provided electrical service to the people of Faribault. Agricultural Work Installed wiring in livestock buildings Perform residential, commercial, industrial, agricultural and service inspections. Making sure all comply with the State of Minnesota electrical codes. 1986 -1989 1989 -1997 1997 -2001 2001- Present 2006 - Present 2011- Present 1994 Journey A License 1997 Master Electrician Apprentice Program, Bob's Electric Electrician, Bob's Electric Master Electrician /Foreman, Bob's Electric Minnesota State Electrical Inspector Minnesota State Fair Inspector (month of August) City of Faribault Municipal Electrical Inspector 1988 Diploma, Bethlehem Academy Attended Jackson and Albert Lea Vocational School, Construction Electrician program Attend continuing education classes yearly AGREEMENT FOR ELECTRICAL INSPECTION SERVICES This Agreement (hereinafter referred to as "Agreement ") is made this day of December, 2011, by and between the CITY OF LAKEVILLE (hereinafter referred to as the "City "), 20195 Holyoke Avenue, Lakeville, Minnesota 55044, and STEVEN KLETSCHIKA (hereinafter referred to as the "Contractor "), 530 Tatepaha Blvd., Faribault, MN 55021 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; and WHEREAS, the City has been authorized by the City Council to enter into an agreement for electrical services with the Contractor; and 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 electrical inspections, to verify compliance with applicable electrical codes and ordinances in a manner established by the City's building official, as follows: 1.0 SCOPE OF SERVICES FROM CONTRACTOR 1. Maintain license as a master or journeyman electrician in the State of Minnesota. 2. Conform to all applicable federal, state and local laws, codes, ordinances and regulations, including, but not limited to, any applicable conflict of interest provisions. 3. Receive requests for electrical inspections and schedule electrical inspections during a time frame approved by the City. 4. Perform inspections on the day requested, except as approved by the City. Provide appropriate identification when conducting city inspections. 5. Perform electrical inspections for compliance with the current version of the State Electrical Code and related laws, rules and City ordinances. Such services shall be made available by the contractor to the City on all weekdays, during all hours that the City offices are open to the public. The City may contract with additional contractors to provide electrical inspection services if deemed necessary. 6. Be available by phone 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. 7. Provide the City with detailed written reports documenting each electrical inspection in a form approved by the City. Such reports shall be completed and submitted within one business day of the permit applicants request unless otherwise agreed to by the City. 8. Be available on a limited basis to meet customers at scheduled times and locations. 9. Be available for inspections, consultation, meetings, and other inspection related duties that may not be associated with an electrical permit. 10. Write correction notices and perform follow -up inspections to obtain compliance. 11. Follow inspection procedures and policies established by the City. 12. Provide a City approved back -up plan that indicates how inspections will be performed during high volume periods, sick days, vacation time, etc. 2.0 CITY'S RESPONSIBILITIES 1. Receive and process electrical permit applications. 2. Collect electrical permit fees and issue permits. 3. Input electrical inspection results provided from the contractor into the permit information management system (PIMS). 4. Maintain permit and inspection records. 5. Pay the Contractor monthly for completed permits. 3.0 COMPENSATION AND EXPENSES The Contractor will receive 80% of the electrical permit fee. Payment will be made on a monthly basis for completed permits. At the beginning or 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, stickers, correction notices and other related costs necessary to complete the inspections. 4.0 TERM The Contractor agrees to furnish electrical inspection services on behalf of the City during the period commencing the 1st day of January, 2012 and terminating December 31, 2012. 2 5.0 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. 6.0 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. 7.0 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 in the amount of at least $1,000,000.00. The contractor shall further furnish the City with a Certificate of Insurance for such coverage upon the execution of this Agreement. Contractor must name the City as an "additional insured" under his general liability policy. 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 limit of not less than $1,000,000 for each accident. If such insurance contains a general aggregate limit, the general aggregate limit shall be not less than $1,500,000. The insurance shall cover liability arising out of any auto, including owned, hired, and non -owned autos. 3 8.0 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 written notice to the Contractor, the City reserves the right to terminate all or part of this Agreement without cause. 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. 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. 4.0 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. 10.0 RECORD RETENTION 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, 11.0 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. 12.0 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, 4 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. 13.0 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. 14.0 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. 15.0 GOVERNING LAW This Agreement shall be controlled by the laws of the State of Minnesota. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Dakota County. 16.0 RENEWAL This Agreement shall automatically be renewed for successive one year term unless one party notifies the other party at least thirty (30) days in advance that the term shall not be extended. IN WITNESS WHEREOF, the parties have hereunto set their hands this day of December, 2011. CONTRACTOR: CITY OF LAKEVILLE: BY A J� p � a 5 By: Steven Kletschka Mark Bellows, Mayor By: Charlene Friedges, City Clerk Dated: , 2011.