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4. Replacement of Electrical Inspector11191TA4 SCANDIA Staff Report Date of Meeting: March 1, 2017 To: City Council From: Neil Soltis, Administrator Re: Replacement of electrical Inspector Background: The City entered into an agreement with Dave Kichler Inspections Inc. to provide inspections for electrical permits issued by the City. Dave has informed us that he will be retiring from this work on a full-time basis effective July 1, 2017. Dave has utilized Brian Nelson to fill in for him in performing inspections while out on medical leave or vacation and is recommending the City enter into an agreement with Brian for inspection services once he retires. Dave will provide fill-in inspection services for Brian in the future. Issue: How should the City provide for electrical inspections once Dave Kichler retires? Proposal Details: Currently Nelson is working as an inspector for the Minnesota Department of Labor and Industry serving 7 cities. He is seeking to either submit a bid to continue the work for the State or enter into private practice and to work for the State on a fill-in basis. The timing of the decision is based on agreements with the cities currently serviced by Kichler. Fiscal Impact: The current agreement calls for the payment of 80% of the electrical permit fees collected to the inspector. The payments to Kichler for the past 4 years have been $4,266 in 2013, $4,736 in 2014, $4,285 in 2015, and $7,061 in 2016. Options: 1. Negotiate an Electrical Inspection Services Agreement with Brian Nelson based on the existing agreement 2. Solicit proposals for inspection services Recommendation: Based on the recommendation from Dave Kichler, Brian Nelson's experience, and the limited amount of inspection work performed in the City, I'd recommend proceeding with negotiating an agreement with Nelson that would then be brought before the Council for approval. Brian Nelson W: 763.434.4853 C: 763.213.5793 F: 763.434.4853 H: 763.434.4812 brian@briannelsoninpsections.com bninspections@midco.net 19721 5`h Street NE Cedar, MN 55011 Objective To gain employment as a Supplemental Contract Electrical Inspector for the state of Minnesota. Experience • I have been a Contract Electrical Inspector for the state of Minnesota for 10+ years. The specific cities I currently inspect for the state include: Bethel, Columbia Heights, Falcon Heights, Hilltop, Spring Lake Park, Lauderdale and Mounds View. • In the 10+ years I have been an Contract Electrical Inspector for the State, I have worked extensively in both the commercial and residential sectors. • I have worked to build a very strong network with fellow inspectors. We have come to support one another for sick days and vacations. We also troubleshoot the code together as well. • I have been a Class "A" Licensed, Journeyman Electrician for 27 '/z years and a Master Class A Licensed for 12 years. • I have been a foreman for 10 continuous years and have been in various foreman assignments on numerous jobs throughout my career. • I have worked a large variety of construction jobs from large to small: Hotels, to industrial jobs, to intermediate, to small jobs. In most situations, I was the primary source of contact with the customer which provides me with a experience in working with many different types of customers. Qualifications Professional Preparation • Class "A" Masters License — May 2005 • Class "A" Journeyman License — September 1982 • Successful Completion — Minneapolis 292 electrical Apprenticeship Program Fall 1979 to 1982 Electrical Inspection Qualifications: • My strengths allow me to understand the needs of the customer. I have been able to show how I can work with the customer closely and effortlessly in a positive manner to meet their needs and to ensure their projects are code compliant as outlined by the state. • I have been able to demonstrate tactfulness yet assertiveness in situations that have warranted strong communication skills in assuring compliance to code and fee schedules. Electrical Trade Qualifications: • The strong leadership and organization skills that allowed me to be foreman for many years in the field will continue to be a proven asset for the independence needed to perform the responsibilities of a Contract Electrical Inspector. • The extensive experience and knowledge I was able to build in relation to electrical codes and working on job sites as a foreman and electrician will continue to be a invaluable asset that will ensure all projects are code compliant. • In all of the roles I worked in for 292 Union electrical Contractors, the skill set that was depended upon the most by all levels on job sites was customer service. Many of the shops I reported to depended upon me to be the liaison between the electrical contractor and the customer to work through customer service activities and ensure their needs were met. Education 1977 I High School Diploma I Forest Lake High School 1977 - 1979 I Construction Electrician Degree I Anoka Technical College 1979 - 1982 I Apprenticeship School Program J Local Union #292 1989 I Effective Supervision I N.E.C.A Additional Supervision Classes I Parsons Electric 1995 I Fiber Optics I & II I Local Union #292 1998 I Code Class I Local Union #292 2000 I Code Class I Local Union #292 1 Grounding Class 1 First Aid Updates 1 1 License Renewal Updates 1 To present 1 All License Renewal Updates 1 Interests/Hobbies • Volunteer Minnesota Firearms Safety Instructor, Deer Hunting, Elk Hunting, Bow Hunting, Fishing, Boating, Bowling, Travel, Photography, Swimming and spending time with my family and friends at the cabin. References - See Attachments Employment 0 2006 - Present I State Contract Electrical Inspector z Minnesota Department of Labor & Industry I St. Paul, MN c • Inspections for electrical installers both contractors and homeowners. m m + Served 7 Cities in 2 Minnesota counties; Bethel, Columbia Heights, Falcon Heights, Hilltop, Lauderdale, Mounds View & Spring Lake Park 2011 - Present I Municipal Contract electrical Inspector The following cities approached me to provide municipal inspection coverage as a result of a Minnesota state shutdown to ensure the ability of meeting local residential and commercial inspection needs. East Bethel Ham Lake Vadnais Heights St. Anthony ® Inspections for electrical installers — both contractors and homeowners. 2006 - 2012 1 State Contract Electrical Inspector Minnesota Department of Labor & Industry I St. Paul, MN St. Anthony + Inspections for electrical installers — both contractors and homeowners. 2006 - 2011 1 State Contract Electrical Inspector Minnesota Department of Labor & Industry I St. Paul, MN East Bethel Ham Lake Vadnais Heights + Inspections for electrical installers — both contractors and homeowners. 2005 - 2006 1 Journeyman Electrician Ben Franklin electric Inc. 1 952.888.2210 541 American Blvd. West, Minneapolis, MN 55420 2003 - 2004 1 Journeyman Electrician Electric Resource Corporation 1 612.522.6511 54024 Washington Avenue No. Minneapolis, MN 55412 2001 - 2002 Journeyman Electrician Hunt Electric 651/616/2911 2300 Territorial Rd. St. Paul, MN 55114 2000 - 2001 1 Journeyman Electrician Electric Resource Corporation 1 612.522.6511 54024 Washington Avenue No. Minneapolis, MN 55412 2000 - 2000 1 Journeyman Electrician Egan McKay Electrical Contractors 1 763.544.4131 7100 Medicine Lake Rd. New Hope, MN 0 z 2000 - 2000 1 Journeyman Electrician Phasor electric 1 763.557.9702 °' 15300 25th Avenue North, Plymouth, MN 55447 C 0 z Wd 2000 - 2000 1 Journeyman Electrician Mendota Electric l 651.452.6544 2995 Lone Oak Circle, Eagan, MN 55121 1999 - 2000 1 Journeyman Electrician Tri -Tech Electric (Now Olympia Tech Electrical Contractors 763.559.1900 13700 Watertower Circle, Plymouth, MN 55441 1998 - 1999 1 Journeyman Electrician Gephart electric 1 651.484.4900 3550 Labore Rd. Vadnais Heights, MN 1998 - 1999 1 Journeyman Electrician - Short Call Elliot Electric Contracting 1 612.256.0000 901 North 31d Street, Suite #330 1997 - 1998 1 Journeyman Electrician - Short Call Mayor Electric Corporation 1 763.537.9357 7224 Winnetka Avenue No. Brooklyn Park, MN 1994 - 1997 1 Journeyman Electrician Parson's Electric Corporation 1 763.571.8000 5960 Main Street, Fridley, MN 1994 - 1994 1 Journeyman Electrician - Short Call Jensen Electric Out of Work Book 1993 - 1994 1 Journeyman Electrician Prairie Electric 1 952.949.0074 6595 Edanvale Boulevard, Eden Prairie, MN 55346 Out of Work Book ,(; i �,,) 1992 - 1992 1 Journeyman Electrician - Short Call Ben Franklin Electric Inc. 1 952.888.2210 541 West 791h Street, Bloomington, MN 55420 1982 - 1992 1 Journeyman Electrician & Foreman Parson's Electric Corporation 1 763.571.8000 5960 Main Street, Fridley, MN 1981 - 1982 1 Apprenticeship Olympic Electrics Out of Business (Not my fault!) 8616 Xylong Avenue North, Brooklyn Park 1981 - 1981 1 Apprenticeship Jan '198 1 to Feh I 9F J Hoffman electric I Out of Business (Not because of me!) 1980 - 1981 1 Apprenticeship Aug 1980 to Jai, 1981 Sterling Electric Corporation 1 763.493.4900 8616 Xylong Avenue North Brooklyn Park 1980 - 1980 1 Apprenticeship Fel) 1980 to July 1980 Mayor Electric Corporation 1 7224 Winnetka Avenue North , Brooklyn Park, MN 1979 - 1980 1 Apprenticeship Aug 1y70 to Jai, 1980 Central Electric I Out of Business (I did not cause this!) rZ 0 4? Z C c� Ti David Kichler Electrical Inspector: Scandia, Centerville & Hugo 7140 234th Ave NE Stacy, MN 55079 Subject: Letter of Recommendation for Electrical Inspections — Brian Nelson. To Whom It May Concern: I am writing this letter of reference for Brian Nelson, who I am recommending to provide Electrical Inspection Services for your City. I met Brian back in 2006 when he started providing State Contract Electrical Inspection services in Anoka County. Brian and I have worked with each other on a number of inspections over the last 11 years. I have found that his knowledge of the National Electrical Code and his duties as an inspector is excellent. He continues to keep himself educated on all upcoming code changes. His work ethic and customer service skills are above standard. I have always felt very comfortable and trusted Brian to cover my inspections while out on a medical leave or on vacation. During those times I never once received any complaint from the City, Electrical Contractors or Homeowners regarding his demeanor, his respect for others and the quality of his inspections. He is fair, firm and consistent with all his inspections. I am very confident that Brian will do an excellent job in proving inspection service for your city. I do intent to assist him as needed and provide coverage for him while vacationing. Thank you. Dave Kichler Electric Inspector City Of Scandia Electrical Inspection Services Agreement This contract is made and entered into between the City Of Scandia, hereinafter identified as "City" and Dave Kichler Inspections Inc., hereinafter identified as "Contractor". WHEREAS, the City requires services to be provided for electrical inspection for electrical permits issued in the City; and WHERAS, the Contractor desires to and is capable of providing the necessary services according to the terms and conditions stated herein. TERM. The term of this Contract shall begin July 20, 2011. 2. CONTRACTOR'S OBLIGATIONS The Contractor shall provide the following services: a. Provide qualified personnel to perform electrical inspections within two working days of notification by the electrical installer. b. Enforce the Minnesota Electrical Act and Rules as adopted and amended by the City and current National Electrical Code. c.. Submit a report of completed inspections and invoice for completed electrical inspections with the completed permits each month. d. Cooperate with the City Building Official to resolve non -complying or incomplete electrical installations when the installers fail to comply with required standards. e. Notify the electrical utility for connection or re -connection of all electrical services installed, replaced or repaired for which an electrical permit is required. Contractors may call in for hook-ups on residential installations. 3. CITY'S OBLIGATIONS The City shall: a. Receive and process electrical permits and fees in accordance to its fee schedule. b. Assign a permit number. c. Forward a copy of the permit to the Contractor. d. Receive and process orders for payments and fees collected for fee_ shortages and extra or special inspections. e. Adopt the most recent version of the Minnesota Electrical Act. f. Adopt Minnesota Rules. 4. PAYMENT a. Compensation. The City shall pay the Contractor 80% of the permit fees collected for completed inspections. b. Invoices. The Contractor shall submit an invoice and request for payment on an invoice form acceptable to the City. See form attached hereto as Exhibit A. c. Time of Payment. The City shall make payments to the Contractor within thirty days from the date.of which the invoice is received. If the invoice is incorrect, or otherwise improper, the City shall notify the Contractor within ten days of receiving the incorrect invoice. Upon receiving the corrected invoice from the Contractor, the City will make payment within thirty days. d. Payment for Unauthorized Claims. The City may refuse to pay any claim which is not specifically authorized by the Contract. Payment of the claim shall not preclude the City from questioning the propriety of the claim. 5. COMPLIANCE WITH LAWS AND STANDARDS a. General. The Contractor shall abide by all federal, state and local laws, statutes, ordinances, rules and regulations now in effect or hereafter adopted pertaining to this Contract. b. Licenses. The Contractor shall procure, at its own expense, all licenses or other certifications required for the provision of services contemplated by this Contract and provide proof to the City of such licenses. The Contractor shall inform the City of any changes in the above -stated laws, standards, requirements, rules, etc., within five (5) days of occurrence. c. Minnesota Law to Govern. This Contract shall be governed and construed in accordance with the substantive and procedural laws of the state Of Minnesota, without giving effect to the principles of conflict of laws. All proceeding related to this Contract shall be venued in the State of Minnesota. & INDEPENDENT CONTRACTOR STATUS. The Contractor is an independent contractor and nothing herein contained shall be construed as to create the relationship of employer and employee between the City and the Contractor. The Contractor shall at all times be free to exercise initiative, judgment and discretion as to how to best perform services. The Contractor acknowledges and agrees that the Contractor is not entitled to receive any benefits received by City employees and is not eligible for worker's or unemployment compensation benefits. The Contractor also acknowledges and agrees that no withholding or deduction for State or Federal income taxes, FICA, FUTA or otherwise, will be made from payments due the Contractor and that it is the Contractor's sole obligation to comply with the applicable provisions of all Federal and State tax laws. 7. INDEMNIFICATION. The Contractor shall indemnify, hold harmless and defend the City, its officers and employees against any and all liability, loss, costs, damages, expenses, claims and actions, including attorney's fees which the City, its officers or employees may hereafter sustain, incur or be required to pay arising out of or by reason of any negligent or willful act or failure to adequately perform the Contractor's obligations pursuant to this Contract. 8. INSURANCE. a. Professional Liability Insurance — The Contractor must provide and maintain in force professional liability insurance in form approved by the City with limits of at least $500,000 per occurrence and $1,000,000 aggregate for each person performing inspections under this Contract and naming the City as additional insured. b. Automobile Liability. The Contractor must provide a certificate of automobile insurance with liability limits of not less than $500,000 per occurrence for each person performing inspections under this Contract. c. Worker's Compensation. If applicable, the Contractor shall procure and maintain a policy that at least meets the statutory minimum. d. Certificates. Upon execution of this Contract, the Contractor shall file copies of insurance certificates, as described in a. and b. above, with the City. e. Failure to Provide Proof of Insurance. The City may withhold payments or immediately terminate this Contract for failure of the Contractor to furnish proof of insurance coverage or to comply with the insurance requirements as stated above. f. Non -Waiver. Nothing in this Contract shall constitute a waiver by the City of any statutory limits or exceptions to liability. 9. SUBCONTRACTING. The Contractor shall not enter into any subcontract for the performance of the services contemplated under this Contract nor assign any interest in this Contract without prior written consent of the City and subject to such conditions and provisions as are deemed necessary. The Contractor may have another inspector fill in for it from time to time or in the case of sickness or while on vacation and shall notify the city in such event. 10. TERMINATION. This Contract may be terminated with or without cause by either party upon thirty (30) days written notice. Notice shall be given as follows: To the City: City of Scandia Attention: Anne Hurlburt, Administrator 14727 209th St N. Scandia, MN 55073 Phone: 651 433-2274 To the Contractor: Dave Kichler Inspections, Inc. 7140234 th Ave. N. Stacy, MN 55079 Phone: 651 (651) 462-6829 11. CONTRACT RIGHTS/REMEDIES. a. Rights Cumulative. All remedies available to either party under the terms of this Contract or by law are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. b. Waiver. Waiver for any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Contract shall not be construed to be a modification of the terms of this Contract, unless stated to be such in writing and signed by authorized representatives of the City and the Contractor. The PARTIES hereto have executed this Contract as of the year and date listed below. Dated July 19, 2011 City of Scandia By: Randall Simonson, Mayor By: Anne Hurlburt, Clerk/Administrator Contractor: Dave Kichler Inspections Inc. By: Its President