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1g. City Code Amendment to Chapter 7 Concerning Electrical Regulations0 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Jerry Mohn, Building Official DATE: July 11, 2011 0A � ✓ SUBJ: City Code Amendment — Chapter 7, Buildings and Building Regulations Concerning Electrical Regulations r4 PROPOSED MOTION "The City Council approves the attached ordinance amending Chapter 7, Buildings and Building Regulations of the Chanhassen City Code pertaining to Electrical Regulations, and approval of the attached summary ordinance for publication purposes." City Council approval requires a simple majority vote of the City Council present. City Council approval of the summary ordinance requires a 4/5 vote of the City Council. BACKGROUND Electrical permits are currently issued by the Minnesota Department of Labor and Industry, and inspected by a State - contracted electrical inspector. The shutdown of the State government has temporarily terminated electrical permits and inspections. Continued building construction is dependent upon ongoing electrical inspections and permit issuance. Minnesota Statutes permit political subdivisions to issue permits and perform inspections when authorized by ordinance. ANAT.YSTS The City Attorney has drafted an ordinance amending the city code to create Electrical Regulations including: purpose, qualifications and appointment, standards for electrical equipment installation, connections to installations, and permits and inspectors. Phone: 952.227.1300 The proposed ordinance will allow the City to issue and inspect electrical installations Fax: 952.227.1310 and provide for permit fees. Arrangements will be made with our current State contract inspector to continue with City electrical inspections. Permits will be issued Senior Center Phone: 952.227.1125 and inspection results recorded either through our existing "PermitWorks" permitting Fax: 952.227.1110 software or by separate database (dependent on software capability). Web Site A typical electrical permit fee for a single - family home is $135.00; under the current www.ci.chanhassen.mn.us State electrical inspector contract 75% ($101.25) is paid to the contract inspector. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Todd Gerhardt July 11, 2011 Page 2 Staff will evaluate the return to the use of State - issued permits and inspections once the shutdown has been resolved. The city attorney has also drafted a Contract for Professional Services which provides the standards for the electrical inspection duties. RECOMMENDATION It is recommended that the City Council adopt an ordinance amending Chapter 7, Buildings and Building Regulations of the Chanhassen City Code pertaining to Electrical Regulations, and approve the attached summary ordinance for publication purposes. ATTACHMENTS 1. Ordinance amending Chapter 7 of the Chanhassen City Code concerning Electrical Regulations. 2. Summary Ordinance for publication purposes. 3. Contract for Professional Services. 4. Electrical Permit Application. g: \plan \city code\201 1\201 1-10 chapter 7 electrical regulations \cover memo.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 7 OF THE CHANHASSEN CITY CODE CONCERNING ELECTRICAL REGULATIONS THE CITY COUNCIL OF CHANHASSEN ORDAINS: Section 1 . Chapter 7 of the Chanhassen City Code is amended by adding Article V to provide as follows: ARTICLE V. — ELECTRICAL REGULATIONS 7 -100. — Purpose; Application of this Article. (a) The purpose of this Article is to implement the provisions of the Minnesota State Building Code and Minnesota Rules Chapter 1315 which adopts the National Electrical Code. (b) The provisions of this Article shall apply to all installations of electrical conductors, fittings, devices, fixtures hereinafter referred to as "electrical equipment ", within or on public and private buildings and premises, with the following general exceptions. The provisions of this Article do not apply to the installations in mines, ships, railway cars, aircraft, automotive equipment or the installations or equipment employed by a railway, electric or communication utility in the exercise of its functions as a utility, except as otherwise provided in this Article. (c) As used in this Article, "reasonably safe to persons and property" as applied to electrical installations and electrical equipment means safe to use in the service for which the installation or equipment is intended without unnecessary hazard to life, limb or property. (d) For purposes of interpretation of the provisions of this Article, the most recently published edition of the National Electrical Code shall be prima facie evidence of the definitions and scope of words and terms used in this Article. 158508v01 RNK:07/06/2011 7 -101. — Electrical Inspector, Qualifications and Appointment. (a) Creation; Qualifications: There is hereby created the office of Electrical Inspector. The person chosen to fill the office of Electrical Inspector shall be of good moral character, shall be possessed of such executive ability as is requisite for the performance of his duties and shall have a thorough knowledge of the standard materials and methods used in the installation of electrical equipment; shall be well versed in approved methods of construction for safety to persons and property; the statutes of the State relating to electrical work and any orders, rules and regulations issued by authority thereof; and the National Electrical Code as approved by the American Standards Association; shall have two (2) years' experience as an electrical inspector or five (5) years' experience in the installation of electrical equipment, or a graduate mechanical or electrical engineer with two (2) years of practical electrical experience. (b) Licensed Inspector: The electrical inspector shall be a licensed master or journeymen electrician as defined under Minnesota Statutes. (c) Duties of the Electrical Inspector: It shall be the duty of the Inspector to enforce the provisions of this Article. The Inspector shall, upon application, grant permits for the installation or alteration of electrical equipment, and shall make inspections of electrical installations, all as provided in this Article. The Inspector shall keep complete records of all permits issued, inspections and reinsertions made and other official work performed in accordance with the provisions of this Article. (d) No Financial Interest: It shall be unlawful for the Inspector to engage in the sale, installation or maintenance of electrical equipment, directly or indirectly, and the Inspector shall have no financial interest in any concern engaged in any such business. (e) Authority of Electrical Inspector: The Inspector shall have the right during reasonable hours to enter any building or premises in the discharge of his official duties, or for the purpose of making any inspection, reinsertion or test of electrical equipment contained therein or its installation. When any electrical equipment is found by the Inspector to be dangerous to persons or property because it is defective or defectively installed, the person responsible for the electrical equipment shall be notified in writing and shall make any changes or repairs required in the judgment of the Inspector to place such equipment in safe condition. If such work is not completed within fifteen (15) days or any longer period that may be specified by the Inspector in said notice, the Inspector shall have the authority to disconnect or order discontinuance of electrical service to said electrical equipment. In cases of emergency where necessary for safety to persons and property, or where electrical equipment may interfere with the work of the Fire Department, the Inspector shall have the authority to disconnect or cause disconnection immediately of any electrical equipment. 158508v01 2 RNK:07/06/2011 7 -102. — Standards for Electrical Equipment Installation. (a) All installations of electrical equipment shall be reasonably safe to persons and property and in conformity with the provisions of this Article and the applicable statutes of the State and all orders, rules and regulations issued by the authority thereof. All electrical equipment shall be listed and labeled by a testing agency. (b) Conformity of installations of electrical equipment with applicable regulations set forth in the current National Electrical Code as adopted by the Minnesota Rules shall be prima facie evidence that such installations are reasonably safe to persons and property. Noncompliance with the provisions of this Article or the National Electrical Code as adopted by the Minnesota Rules shall be prima facie evidence that the installation is not reasonably safe to persons and property. (c) The Electrical Inspector may, with approval of the Building Official, authorize installations of special wiring methods other than herein provided for. (d) Buildings or structures moved from without to within and within the limits of the City shall conform to all of the requirements of this Code for new buildings or structures. (e) Existing buildings or structures hereafter changed in use shall conform in all respects to the requirements of this Code for the new use. 7 -103. — Connections to Installations. (a) It shall be unlawful for any person to make connections from a supply of electricity to any electrical equipment for the installation of which a permit is required or which has been disconnected or ordered to be disconnected by the Electrical Inspector. (b) The public or private utility providing services shall disconnect the same upon a written order from the Electrical Inspector, if the Inspector considers any electrical installation unsafe to life and property or installed contrary to this Code. 7 -104. — Permits and Inspectors. (a) Permit Required. An electrical permit is required for each installation, alteration, addition or repair of electrical work for light, heat and power within the limits of the City. Permits for the installation of electrical work in new structures shall only be issued to electrical contractors duly licensed by the State. Permits for the installation, alteration, addition or repair of electrical work in existing structures shall only be issued to electrical contractors duly licensed by the State or to resident owners of property where the work is to be done. (b) Public Service Corporation Exception. No permit shall be required for electrical installations of equipment owned, leased, operated or maintained by a public service corporation which is used by said corporation in the performance of its function as a utility, 158508v01 3 RN K:07/06/2011 except that such electrical installation shall conform to the minimum standards of the National Electrical Safety Code. (c) Ownership. Ownership of any transmission or distribution lines or appurtenances thereto, including, but not limited to, transformers, shall not be transferred by a public service corporation to any person, except another franchised public service corporation dealing in electric energy for distribution and sale, without a permit first having been issued therefore by the City. Such permit shall be issued only after the facilities to be transferred have been inspected and approved as provided in this Article and upon payment of an inspection fee as set forth in this section of the Article. (d) Application and Plans. Application for such permit, describing the electrical work to be done, shall be made in writing, to the City by the person so registered to do such work. The application shall be accompanied by such plans, specifications and schedules as may be necessary to determine whether the electrical installation as described will be in conformity with all the legal requirements. The fees for electrical inspection as set forth in this Section shall accompany such application. If applicant has complied with all of the provisions of this Article, a permit for such electrical installation shall be issued. (e) Concealment. All electrical installations which involve the concealment of wiring or equipment shall have a "rough -in" inspection prior to concealment, wherein the Inspector shall be duly notified in advance, excluding Saturday, Sunday and holidays. (f) Inspection Fees. (1) Permits Required: Before commencing any installation of any work regulated by this Article, a permit therefore shall be secured from the Building Department and the fee for such permit paid. The fees schedule set forth in Minnesota Statutes § 326B.37 is adopted by reference and incorporated herein. No such permit shall be issued to do any of the work or make any installation regulated by this Article except to persons licensed to do such work under the terms of this Article. Holders of a contractor's license shall not obtain permits for electrical work unless the work is supervised by them and is performed by workers employed by them or their firm. (2) Fees Double, When: Should any person begin work of any kind, such as set forth in this Article, or for which a permit from the Electrical Inspector is required by ordinance, without having secured the necessary permit therefore from the Inspector of Buildings either previous to or during the day of the commencement of any such work, or on the next succeeding day where such work is commenced on a Saturday or on a Sunday or a holiday, he shall, when subsequently securing such permit, be required to pay double the fees provided for such permit. (3) Additional Fees and /or Shortages: Additional fees and /or fee shortages must be received by the City within fourteen (14) days of written notice. If additional fees and /or fee shortages are not received within fourteen (14) days of notice, permits for electrical 158508v01 4 RNK:07/06/2011 installations will not be accepted by the City until such time as the additional fees and /or fee shortages are received. (g) Electrical Inspections. (1) At regular intervals, the Electrical Inspector shall visit all premises where work may be done under annual permits and shall inspect all electrical equipment installed under such a permit since the day of his last previous inspection, and shall issue a certificate of approval for such work as is found to be in conformity with the provisions of this Article, after the fee required has been paid. (2) When any electrical equipment is to be hidden from view by the permanent placement of parts of the building, the person installing the equipment shall notify the Electrical Inspector and such equipment shall not be concealed until it has been inspected and approved by the Electrical Inspector or until twenty four (24) hours, exclusive of Saturdays, Sundays and holidays, shall have elapsed from the time of such scheduled inspection; provided, that on large installations where the concealment of equipment proceeds continuously, the person installing the electrical equipment shall give the Electrical Inspector due notice and inspections shall be made periodically during the progress of the work. (3) If upon inspection, the installation is not found to be fully in conformity with the provisions of this Article, the Electrical Inspector shall at once forward to the person making the installation a written notice stating the defects which have been found to exist. Section 2 . This ordinance is effective immediately upon passage. PASSED AND ADOPTED this day of , 2011, by the City Council of the City of Chanhassen, Minnesota. ATTEST: Todd Gerhardt, Clerk/Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on , 2011). 15850801 5 RNK:07/06/2011 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA SUMMARY OF ORDINANCE NO. , CHAPTER 7 OF THE CHANHASSEN CITY CODE, BUILDINGS AND BUILDING REGULATIONS, ARTICLE V, ELECTRICAL REGULATIONS. This code amendment implements provisions of the Minnesota State Building Code, creates the office, duties and authority of electrical inspector and provides qualifications for the electrical inspector; provides standards for electrical equipment installation; makes it illegal to make electrical connections without a permit or when such connection has been required to be disconnected from the electrical system; requires an electrical permit for the installation, alteration or addition of electrical work, except for electrical installations of equipment of an electrical public service corporation; requires a permit prior to the transfer of ownership of any electrical transmission or distribution system from a public service corporation to any person except a transfer to another public service corporation; specifies the application and plans required for a permit; establishes fees for electrical installation permits; and requires electrical inspection of electrical installation and work. A printed copy of Ordinance No. is available for inspection by any person during regular office hours at the office of the City Manager /Clerk. PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this I l day of July, 2011, by the City Council of the City of Chanhassen. CITY OF CHANHASSEN WM Thomas A. Furlong, Mayor Todd Gerhardt, City Manager /Clerk (Published in the Chanhassen Villager on ) CONTRACT FOR PROFESSIONAL SERVICES AGREEMENT made this day of , 2011, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ( "CITY ") and , a Minnesota corporation ( "CONTRACTOR "). IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: Contractor's Duties. The Contractor, who is not a CITY employee, will perform the following duties: 1.1 Geographical Area. Upon request of the CITY, CONTRACTOR will provide electrical inspection service in the City of Chanhassen. 1.2 Communications /Scheduling. CONTRACTOR will provide a mechanism for installers of electrical wiring to schedule inspections and to receive answers to electrical code questions specific to installations within the CITY. The CONTRACTOR will provide service to the extent necessary to meet reasonable expectation of installers of wiring within the CITY. 1.3 Records. CONTRACTOR will maintain a written record regarding all Requests for Electrical Inspection documents assigned to the CONTRACTOR by the CITY, including the following minimum information: 1) Date Request for Inspection was received from CITY; 2) Request for Inspection serial number; 3) Installer /Contractor; 4) Occupant's name; 5) City; 6) County; 7) Job description; 8) Rough -in and periodic inspection date(s); 9) Final inspection date; 10) Inspection fee; 11) Date Orders for Payment written, including serial number; 12) Date Inspection Reports written; and 13) Date Request for Inspection was returned to CITY for payment. 1.4 Inspection Service. CONTRACTOR will provide inspection service in the CITY that result in timely inspections. 1.4.1 Within the term of this contract, CONTRACTOR will perform and complete electrical inspections of all completed work covered by Requests for Electrical Inspection submitted by installers and assigned by the CITY. 1.4.1.1 CONTRACTOR will perform electrical inspections as requested and scheduled by installers of electrical wiring. 15850601 RN K:07 /06/201 1 1.4.1.2 Inspection of completed or "ready now" installations shall be performed within 60 days from the date of notification by the installer. 1.4.2 CONTRACTOR will notify the installer of electrical wiring neither less the 30 days nor more than 60 days prior to the expiration of a Request for Electrical Inspection in accordance with the Minnesota Rules 3801.3780. 1.5 Procedure. CONTRACTOR will perform inspections upon request of the installer after a Request for Electrical Inspection has been filed with the CITY, when the electrical contractor or installer provides evidence that a Request for Electrical Inspection has been submitted to the CITY, or when the installer of the wiring completes a Request for Electrical Inspection form and presents it and the associated inspection fee to CONTRACTOR. CONTRACTOR must forward any fees collected from installers of electrical wiring to the CITY within one business day of receipt. In performing inspections, CONTRACTOR will comply with all applicable requirements in the Minnesota Electrical Act (Minn. Stat. § 32613.31 to 32613.399 and the requirements of Minnesota Rules Chapter 3 80 1. 1.6 Thoroughness. CONTRACTOR will determine whether all electrical wiring installed under a Request for Electrical Inspection is in compliance with the applicable standards identified in Minn. Stat. Chapter 326B and the requirements of Minnesota Rules Chapter 3801. 1.7 Inspection Fee Audit. CONTRACTOR will audit each submitted fee as the inspection is performed to ensure that the fee submitted by the installer is in accordance with Minn. Stat. § 32613.37, Fee Schedule. Where it is identified that the submitted fee is less than required, the CONTRACTOR will issue an Order for Payment to the submitter of the fee. CONTRACTOR will forward copies of the Order for Payment forms to the installer, electrical area representative, and CITY in a timely manner. Where it is identified that the submitted fee is more than required, CONTRACTOR will complete a special instruction form directing the CITY to issue a refund to the submitter of the fee. 1.8 Evidence of Inspection. CONTRACTOR will make notation on the Request for Electrical Inspection identifying the date the inspections were performed and will provide a report to the CITY upon termination of the contract by either party or at the end of the contract term identifying inspections performed on specific Requests for Electrical Inspection. CONTRACTOR will place inspection stickers at the job site as evidence of completed or partially completed inspections. The inspection sticker will be completed with the Request for Electrical Inspection number or job address, date of inspection, type of inspection (rough -in, service, bonding, air conditioner, furnace, lower level, machine, final, etc.), number and type of circuits and signed by the electrical inspector. The inspector shall also identify the contract number of the CONTRACTOR on the inspection sticker. For the purpose of providing uniform and consistent evidence to owners, installers, other crafts, and other inspection authorities, inspection stickers will be placed as follows: 1.8.1 Dwellings: 1.8.1.1 Rough -in and in- progress inspections. At least one inspection sticker will be placed in the switch box nearest the main entry to a dwelling unit or portion of a dwelling unit where the wiring is installed. 1.8.1.2 Service inspections. Inspection stickers will be placed in the interior of service equipment for separate service inspections. 15850601 2 RNK:07 /06/201 1 1.8.1.3 Final inspections. Inspection stickers for final inspections will be placed on the service equipment and each panel board. In finished areas the inspection sticker will be placed behind a panel door or inside the panel board to protect the sticker from physical damage or from being obliterated. 1.8.2 Other than dwellings: 1.8.2.1 Rough -in and in- progress inspections. Inspection stickers will be placed in a switchbox nearest the area that each separate inspection is made and in or on the service equipment or panel board that serves that area. 1.8.2.2 Service inspections. Inspection stickers will be placed on the exterior of indoor /protected equipment and on the interior of outdoor /nonprotected equipment. 1.8.2.3 Final inspections. Inspection stickers will be placed on the service equipment and/or panel board that supplies the area inspected. 1.8.3 One -time or single- circuit /device inspections. Inspection stickers will be placed at the first over current device or disconnecting means from which the circuit is extended. 1.9 Documentation and Notification Requirements for Installations not in Code Compliance. 1.9.1 Inspection reports. CONTRACTOR will identify installations recognized as not in compliance with the National Electrical Code or Minnesota Rules on an Inspection Report form along with a brief description of the violation and the reference section number. Where permitted by Minn. Stat. § 326B.36, CONTRACTOR will allow reasonable opportunity from the date of the inspection for correction of violations. CONTRACTOR will provide the Inspection Report to the installer of the electrical wiring, attach a copy to the Request for Electrical Inspection and forward a copy to the district electrical area representative, in accordance with the notation on the respective copies. 1.9.2 Correction Orders. CONTRACTOR will forward a complete report to the CITY when an installer fails or refuses to make corrections identified on an inspection report. The CITY will proceed to have the installation brought into compliance in accordance with the procedures identified in Minn. Stat. § 32613.36 and Minnesota Rules Chapter 3801. 1.9.3 Hazardous Installations. In accordance with Minn. Stat. § 32613.36 and Minnesota Rules CONTRACTOR will, upon recognition of an installation that seriously and proximately endangers human life and property, immediately notify the CITY and the serving utility. 1.9.4 Approved Equipment. CONTRACTOR will provide a written report to the CITY identifying the location, equipment, and approval information where equipment that is listed and labeled or otherwise approved is subsequently identified by CONTRACTOR as being in non - compliance with applicable standards. 1.9.5 Equipment Approval. CONTRACTOR will report in writing to the installer, owner, and CITY all equipment that is not listed and labeled by a testing laboratory and that does not come within one of the exceptions in Minnesota Rule Chapter 3801. 1.9.6 Forms. CONTRACTOR will use only those forms provided or specifically approved by the CITY, including computer generated forms, when communicating deficiencies with installers, owners, and electrical area representatives. 15850601 RNK:07 /06/201 1 1.10 CONTRACTOR Equipment and Materials. 1.10.1 Equipment. CONTRACTOR is responsible for providing all equipment and tools necessary to perform a thorough inspection. CONTRACTOR is responsible for providing and arranging necessary transportation to complete inspections. CITY will provide an identification badge. In the interest of public safety, CONTRACTOR must display the identification badge to installers, owners, lessees, and others when performing duties covered by this contract. CONTRACTOR must ensure the badge is clearly visible to all persons from a reasonable distance. 1. 10.2 Materials. Request for Electrical Inspection forms, Order for Payment forms, Inspection Report forms, Expiration forms, and inspection stickers, are provided by the CITY in an approved format in accordance with Minn. Stat. § 32613.36 and Minnesota Rules Chapter 3801. CONTRACTOR is responsible for providing other materials necessary to provide complete inspection service and perform CONTRACTOR's duties under this Contract. 1.10.3 Return of Equipment and Materials. Upon nonrenewal or termination of this contract, the CONTRACTOR must immediately return to the CITY all equipment, forms, and materials provided by the CITY, including any Request for Electrical Inspection certificates assigned to the CONTRACTOR. 1.11 Enforcement of License and Inspection Requirements. For all electrical work that CONTRACTOR is aware of and that is performed within CONTRACTOR's CITY, CONTRACTOR will determine whether the work is performed in compliance with the provisions of the licensing and inspection requirements of the Minnesota Electrical Act and Minnesota Rules Chapter 3801. When CONTRACTOR identifies a violation of the Minnesota Electrical Act or Minnesota Rules Chapter 3 80 1, CONTRACTOR will promptly provide a written report to the CITY on a form provided by the CITY. Investigative fees related to violation of statutes and rules regarding electrical inspection are not valid unless CONTRACTOR has submitted a violation report to the CITY. 2. Time. The CONTRACTOR must comply with all the time requirements described in this contract. In the performance of this contract, time is of the essence. Consideration and Payment. 3.1 Consideration. The CITY will pay for all services performed by the CONTRACTOR under this contract as follows: 3.1.1 Compensation. The CONTRACTOR will be paid a percentage of the electrical inspection fees for each separate completed electrical installation. Electrical inspection fees are calculated in accordance with Minn. Stat. § 32613.37. The CONTRACTOR will be paid seventy -five percent (75 %) of the electrical inspection fees. 3.1.2 Travel Expenses. The CITY will not reimburse any travel or subsistence expenses as a result of this contract. 3.2. Payment. 3.2.1 Definitions. 3.2.1.1 Validated fee. For the purposes of clause 3.2 of this contract, the term "validated fee" means the inspection fee submitted by the installer of electrical wiring that is evidenced by the validation 15850601 4 RNK:07 /06/201 1 information recorded by the CITY on a Request for Electrical Inspection or Order for Payment certificate. 3.2.1.2. Remaining balance. For the purposes of clause 3.2 of this contract, the term "remaining balance" on a Request for Electrical Inspection certificate shall mean the original validated fee less any amount(s) invoiced by the CONTRACTOR and any prior inspector(s) before the CITY applies the compensation percentage identified in clause 3. 1.1 or the compensation percentage paid to the prior inspector(s). In all cases, the remaining balance shall not be less than the minimum inspection fee identified in the fee schedule the validated fee was based on. 3.2.2 Invoices. The CITY will promptly pay the CONTRACTOR after the CONTRACTOR presents an itemized invoice for the services actually performed and the CITY's Authorized Representative accepts the invoiced services. Invoices submitted by CONTRACTOR shall be based on the validated fee of the Request for Electrical Inspection certificate less any previously invoiced amount. The CITY will apply the compensation percentage identified in clause 3. 1.1 and pay CONTRACTOR the resulting amount. Invoices must be submitted timely and according to the following schedule: CONTRACTOR may submit up to two invoices per month as determined by the CONTRACTOR. Invoices must have corresponding completed Request for Electrical Inspection and Order for Payment certificates attached. The CITY will make payments within 35 days of receipt of invoice. CONTRACTOR may submit invoices for in- progress work on projects with an inspection fee of over $500 and where the project is more than 6 months in duration and requires more than 5 inspection trips. In- progress invoices shall not exceed the percentage of inspection work completed and shall not result in a remaining balance of less than the minimum inspection fee identified in Minn. Stat. § 32613.37. 3.2.3 Payment Upon Amendment, Expiration or Termination of the Contract. Prorated payments for inspection service on installations where all required inspections have not been completed will be made according to the following schedule. No payments will be made where on -site inspections have not been performed. 3.2.3.3 Request for Electrical Inspection certificates with inspection fees based on Minn. Stat. § 32613.37. One- and two- family dwellings: One -half of the individual dwelling unit fee identified in Minn. Stat. § 32613.37, or one -half of the remaining balance left after considering invoices from other inspectors under previous contract(s) but before considering any invoice from the CONTRACTOR. In no case shall the remaining balance after considering the CONTRACTOR's invoice be less than $35. Other installations: A prorated amount of the validated fee, including any Orders for Payment, based on the percentage of actual electrical work completed and inspected and the total number of inspection trips required. Unless the CONTRACTOR provides documentation substantiating a lesser amount, the remaining balance must not be less than 25% of the total inspection fee. In no case shall the remaining balance be less than $35. 3.2.3.4 Final Invoice Within 5 days of amendment, expiration or termination of this contract, CONTRACTOR must provide the CITY with two final invoices for payment of services performed. 15850601 RN K:07/06/2011 The first final invoice must list all Requests for Electrical Inspection and Order for Payment certificates in the possession of the CONTRACTOR under which CONTRACTOR has performed inspections including the amount of the requested payment. The second final invoice must list all Requests for Electrical Inspection and Order for Payment certificates not in possession of the CONTRACTOR regardless of whether the certificates have been filed with the CITY or the installer has paid the Order for Payment. This invoice must identify the Request for Electrical Inspection and Order for Payment certificates by serial number, job address and occupant name, name and license number of contractor, or name, address, and telephone number of the installer of the electrical wiring and the amount of the requested payment. 4. Conditions of Payment. All services provided by the CONTRACTOR under this contract must be performed to the CITY's satisfaction, as determined at the sole discretion of the CITY's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The CONTRACTOR will not receive payment for work found by the CITY to be unsatisfactory or performed in violation of federal, state, or local law. 4.1 Audit of Services Provided By CONTRACTOR. The CITY reserves the right to conduct on -site audits of inspection services provided by the CONTRACTOR to verify that inspection service has been provided in accordance with the terms of this contract and to the satisfaction of the CITY. The inspection records of the CONTRACTOR are subject to audit by the CITY to ensure completeness and accuracy. The CONTRACTOR shall cooperate with these audits and shall provide requested documentation regarding specific inspections. 5. Authorized Representative. The CONTRACTOR's Authorized Representative is If the CONTRACTOR's Authorized Representative changes at any time during this contract, the CONTRACTOR must immediately notify the CITY. 6. Assignment, Amendments, Waiver, and Contract Complete. 6.1 Assignment. The CONTRACTOR may neither assign nor transfer any rights or obligations under this contract without the prior consent of the CITY and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this contract, or their successors in office. 6.2 Amendments. Any amendment to this contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original contract, or their successors in office. 6.3 Waiver. If the CITY fails to enforce any provision of this contract, that failure does not waive the provision or its right to enforce it. 6.4 Contract Complete. This contract contains all negotiations and agreements between the CITY and the CONTRACTOR. No other understanding regarding this contract, whether written or oral, may be used to bind either party. 7. Liability. The CONTRACTOR must indemnify, save, and hold the CITY, its agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by the CITY, arising from the performance of this contract by the CONTRACTOR or the CONTRACTOR's agents or employees. This clause will not be construed to bar any legal remedies the CONTRACTOR may have for the CITY's failure to fulfill its obligations under this contract. 15850601 6 RNK:07 /06/2011 8. Audits. Under Minn. Stat. § 16C.05, Subd. 5, the CONTRACTOR's books, records, documents, and accounting procedures and practices relevant to this contract are subject to examination by the CITY and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this contract. 9. Government Data Practices and Intellectual Property. 9.1 Government Data Practices. The CONTRACTOR and CITY must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, (or, if the CITY contracting party is part of the judicial branch, with the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court as the same may be amended from time to time) as it applies to all data provided by the CITY under this contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the CONTRACTOR under this contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data governed by the Minnesota Government Practices Act, Minn. Stat. Ch. 13, by either the CONTRACTOR or the CITY. If the CONTRACTOR receives a request to release the data referred to in this Clause, the CONTRACTOR must immediately notify the CITY. The CITY will give the CONTRACTOR instructions concerning the release of the data to the requesting party before the data is released. 10. Governing Law, Jurisdiction, and Venue. Minnesota law, without regard to its choice -of -law provisions, governs this contract. Venue for all legal proceedings out of this contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Carver County, Minnesota. 11. Data Disclosure. Under Minn. Stat. § 270C.65, Subd. 3 and other applicable law, the Contractor consents to disclosure of its social security number, federal employer tax identification number, and /or Minnesota tax identification number, already provided to the CITY, to federal and state agencies and state personnel involved in the payment of CITY obligations. These identification numbers may be used in the enforcement of federal and state laws which could result in action requiring the Contractor to file state tax returns, pay delinquent state tax liabilities, if any, or pay other CITY liabilities. 12. Payment to Subcontractors. (If applicable) As required by Minn. Stat. § 16A.1245, the prime contractor must pay all subcontractors, less any retain, within 10 calendar days of the prime contractor's receipt of payment from the CITY for undisputed services provided by the subcontractor(s) and must pay interest at the rate of one and one -half percent per month or any part of a month to the subcontractor(s) on any undisputed amount not paid on time to the subcontractor(s). 13. Personnel performing electrical inspections. All electrical inspections under this contract will be personally performed by CONTRACTOR, , a licensed Class A Master electrician, license number 14. Minn. Stat. § 181.59. The vendor will comply with the provisions of Minn. Stat. § 181.59 which requires: Every contract for or on behalf of the state of Minnesota, or any county, CITY, town, township, school, school district, or any other district in the state, for materials, supplies, or construction shall contain provisions by which the contractor agrees: (1) That, in the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason of race, creed, or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates; (2) That no contractor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in clause (1) of this section, or on being hired, prevent, or conspire to prevent, the person or persons from the performance of 158506v01 7 RNK:07 /06/201 1 work under any contract on account of race, creed, or color; (3) That a violation of this section is a misdemeanor; and (4) That this contract may be canceled or terminated by the state, county, CITY, town, school board, or any other person authorized to grant the contracts for employment, and all money due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this contract. 15. Insurance. CONTRACTOR shall secure and maintain such insurance as will protect CONTRACTOR from claims under the Worker's Compensation Acts, automobile liability, and from claims for bodily injury, death, or property damage which may arise from the performance of services under this Agreement. Such insurance shall be written for amounts not less than: Commercial General Liability $1,000,000 each occurrence /aggregate Automobile Liability $1,000,000 combined single limit Excess/Umbrella Liability $2,000,000 each occurrence /aggregate The CITY shall be named as an additional insured on the general liability and umbrella policies. The CONTRACTOR shall secure and maintain a professional liability insurance policy. Said policy shall insure payment of damages for legal liability arising out of the performance of professional services for the CITY, in the insured's capacity as CONTRACTOR, if such legal liability is caused by a negligent act, error or omission of the insured or any person or organization for which the insured is legally liable. The policy shall provide minimum limits of $1,000,000 with a deductible maximum of $100,000. Before commencing work the CONTRACTOR shall provide the CITY a certificate of insurance evidencing the required insurance coverage in a form acceptable to CITY. 16. Independent Contractor. The CITY hereby retains the CONTRACTOR as an independent contractor upon the terms and conditions set forth in this Agreement. The CONTRACTOR is not an employee of the CITY and is free to contract with other entities as provided herein. CONTRACTOR shall be responsible for selecting the means and methods of performing the work. CONTRACTOR shall furnish any and all supplies, equipment, and incidentals necessary for CONTRACTOR's performance under this Agreement. CITY and CONTRACTOR agree that CONTRACTOR shall not at any time or in any manner represent that CONTRACTOR or any of CONTRACTOR's agents or employees are in any manner agents or employees of the CITY. CONTRACTOR shall be exclusively responsible under this Agreement for CONTRACTOR's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self - employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 17. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. 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. 18. Controlling LawNenue. This Agreement shall be governed by and construed in accordance with 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 Carver County 158506v01 8 RNK:07 /06/2011 19. Copyright. CONTRACTOR shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings or specifications supplied by it, and it shall hold harmless the CITY from loss or damage resulting there from. 20. Patented Devices, Materials and Processes. If the contract requires, or the CONTRACTOR desires, the use of any design, devise, material or process covered by letters, patent or copyright, trademark or trade name, the CONTRACTOR shall provide for such use by suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed with the CITY. If no such agreement is made or filed as noted, the CONTRACTOR shall indemnify and hold harmless the CITY from any and all claims for infringement by reason of the use of any such patented designed, device, material or process, or any trademark or trade name or copyright in connection with the services agreed to be performed under the contract, and shall indemnify and defend the CITY for any costs, liability, expenses and attorney's fees that result from any such infringement. 21. Termination of the Agreement. The CITY may terminate this Agreement or any part thereof at any time, upon written notice to the CONTRACTOR, effective upon delivery including delivery by facsimile or email. In such event, CONTRACTOR will be entitled to compensation for work performed up to the date of termination based upon the payment terms of this Agreement. CITY OF CHANHASSEN CONTRACTOR: :• Mayor Its Dated: , 2011. Dated: .2011. City Manager Dated: 2011. 158506vol 9 RNK:07 /06/201 1 CITY OF CHANHASSEN 7700 Market Blvd., Chanhassen, MN 55317 Building Inspections Department (952) 227 -1180, FAX (952) 227 -1190 PERMIT NUMBER for office use only Electrical Permit Application PRINT OR TYP,EAPPLICATION Site Information Address Suite /Unit number Lot Block Subdivision Tenant/Building name Year structure built Work Description ❑ New Building ❑ Existing Building ❑ One Family Dwelling ❑ Two Family Dwelling D- Use Fee Schedule #1 ❑ Multi Family Dwelling ❑ Agricultural ❑Commercial ❑Government ❑Industrial ❑Institutional ❑Recreational ❑Technology I Use Fee Schedule #2 Project Description (Scope of work, service size, quantity of feeders and circuit, job numbers or other vital information to help the electrical inspector make timely inspection service) Single Inspection Other Than Rough -in? ❑Ready Now ❑Will Schedule Project Site Contact Person Applicant is ❑Homeowner ❑Contractor ❑Registered Employer Contractor Information Company Name Address Phone City Cell EMai State Zip Contractors License # ❑ Electrical Contractor ❑ Technology System Contractor ❑ Registered Employer ❑ Class B Installer COMPLETE APPLICATION ON REVERSE SIDE Contact Name Rough -in Inspection Required? ❑Yes ❑No Phone Number Owner Information Name Address City State Zip Phone Cell Email Fax Applicant Signature I hereby apply for a permit and attest to the following: All information on this application is complete and accurate. All work will comply with Edina City Code and Minnesota State Building Code. I understand this is an application only, not a permit. Work will not start without an approved permit. All work will be done according to plans approved by the City of Edina when approved plans are required. Erosion and sediment control, when applicable, will be installed before starting work. Existing grades and drainage will not be altered without approved grading /drainage plans and schedule. Applicant's signature Date Applicant's printed or typed name Owner /Applicant Statement - To be completed only when the homeowner is the permit applicant I understand the State of Minnesota requires residential contractors, residential remodelers, residential roofers, electrical contractors and plumbers be licensed to work in the State unless they qualify for a specific exemption from the licensing requirements. By signing this statement, I certify that I am building or improving this dwelling myself. I claim to be exempt from state licensing requirements because I am not in the business of building on speculation or for resale. I certify I have not built or improved any other residential structures in the State within the past twenty-four months. I also acknowledge that, because I do not have a state license, I forfeit any mechanic's lien rights to which I may otherwise have been entitled under MS 514.01. I further acknowledge I may be hiring independent contractors to perform certain aspects of the improvements on this dwelling, and I understand some of these contractors may be required to be licensed by the State. I understand unlicensed residential contracting, residential remodeling and residential roofing activity is a misdemeanor under Minnesota law, and I forfeit my rights to reimbursement from the Contractors Recovery Fund in the event any contractors I hire are unlicensed. Homeowner's signature Homeowner's typed or printed name Contact the Minnesota Department of Labor and Industry to determine if a contractor is licensed or exempt or to check on contractor status. Metro 651 - 284 -5005, Outsta 1- 800 - 342 -5354 or www..dii.mn.gov and follow links to License Lookup Approvals or o ice,use on Building, Inspections Inspections Dept By Date REI fee )0 multiplied inspections trips, whichever is greater. State surcharge TOTAL $5.00 Electrical permits with a fee of @250.00 or less expire 12 month from the issue date. The installer must have the work completed within the 12 month period or obtain another electrical permit that includes the inspection fee for the uncompleted work. Inspection fees do not carry over from an expired electrical permit to a new electrical permit. A service charge of $30.00 will be collected for all dishonored checks. Date C: \Documents and Settings \jerrym \Desktop \appl CHAN- ELEC.doc[Type text]