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2012-01-17 CC PacketCity of Albertville Council Agenda lbcrtvi Ic Tuesday, January177 2011 Small Town Uvin9. Big City Us. 7:00 PM (Please note Pictures prior to meeting) PUBLIC COMMENTS -The City of Albertville welcomes and encourages public input on issues listed on the agenda or of general community interest. Citizens wishing to address the Council regarding specific agenda items, other than public hearings are invited to do so under Public Forum and are asked to fill out a "Request to Speak Card". Presentations are limited to five (5) minutes. Note: At 6:40 p.m. Pictures with the Mayor and Council will be taken of Awards and Recognitions. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE — ROLL CALL 3. RECOGNITIONS — PRESENTATIONS — INTRODUCTIONS Fire Department Longevity Service Awards Ten Year Service Awards Jay Eull, Assistant Fire Chief Jeff Davis, Captain Ron Peterson, Lieutenant Thirty Year Service Award Albert Barthel Finance Award Certificate of Financial Achievement Award — Finance Department Tina Lannes 4. CITIZENS OPEN FORUM — (time reserved 5 minutes) 5. AMENDMENTS TO THE AGENDA 6. CONSENT AGENDA All items under the Consent Agenda are considered to be routine by the City staff and will be enacted by one motion. In the event an item is pulled it will be discussed in the order it is listed on the Consent agenda following the approval of the remaining Consent items. These items will be approved by a separate motion. A. Approval of the January 3, 2012 City Council minutes and December 19, 2011 evaluation workshop minutes. (pgs1-7) B. Acknowledge STMA Arena draft minutes of the January 3, 2012. (pgs 8-9) C. Approve Albertville Volunteer Fire Department Standard Operating Guidelines/Policies. (pgs 10-16) 1). Alcohol Policy 2). Approve Fire Department Truck Pulling Sequence Policy City of Albertville Council Agenda January 17, 2012 Page 2 of 3 3). Approve City Employees as Reserve Fire Fighter Policy D. Authorize the Monday, January 17, 2012 Payment of Claims (bills) for check electronic payments 30597 — 30615 (accounts payable batch) and check numbers 30616 to 30623 as presented except the bills specifically pulled, which are passed by separate motion. (pgs 17-24) E. Approve Final Payment Number 2 in the amount of $102,027.52 to Omann Brothers, Inc. closing out the 2011 Street Maintenance Project. (pgs25-27) F. Approve three (3) One -Day 3.2% Malt Liquor License applications submitted by Geez Sports Bar & Grill for a Broomball Event that will be held at Central -City Park. The specified dates and times of operation are: Friday, January 27, 2012 running from 6:00 p.m. to 11:00 p.m.; Saturday, January 28, 2012 running from 9:00 a.m. to 11:00 p.m.; and, Sunday, January 29, 2012 running from 10:00 a.m. to 5:00 p.m. (pgs 28-29) G. Approve Resolution No. 2012-002 entitled a Resolution Acknowledging a $5,000 donation from the Albertville Lions for the Albertville City Offices for general purposes of upkeep as on file in the Office of the City Clerk. (pgs 30-31) 7. DEPARTMENT BUSINESS A. City Council 1). Volunteer for the STMA School Retreat on Saturday, February 25, 2012, 8:30 a.m. — 3:00 p.m. at the Albertville City Hall. 2). Joint Meeting with St. Michael and the School Agenda Items (January 30`�) B. Public Works Department 1). Public Works Report. (pgs 32-33) C. Utilities Department (WWTP) 1). Utility Report — Short Power Point Presentation. (pg 34) D. Planning and Zoning 1). Approval of Central Park Master Plan Study (pgs 35-41) E. Engineering 1). Approve I-94 Municipal Agreement with the State of Minnesota and Resolution Number 2012-003 as on file in the Office of the City Clerk. (pgs 42-55) F. Administration 1). City Administrator Oral Report M:\Public Data\City Council\Council Agendas\2012 Agendas\O1 17 2012 Agenda.doc Meeting Date: January 17, 2012 City'of Albertville Council Agenda January 17, 2012 Page 3 of 3 8. ANNOUNCEMENTS and or UPCOMING MEETINGS JANUARY2012 17 7:00 p.m. City Council meeting 19 3:30 p.m. I-94 Coalition Meeting at Chamber Office in Rogers 20 7:30 a.m. Wright County Partnership Annual Meeting Monticello CC 23 6:30 p.m. Joint Powers Water Board meeting 27 — 29 League Leadership Conference RSVP 30 6:00 p.m. Joint cities of Albertville & St. Michael and STMA School Board mtg. (Albertville City Hall) 31 11:30 a.m. State of the Cities Address (St. Michael City Hall) see attachment for additional information pg.59 1 12 Su M Tu W Th F Sa 1 H2 4 5 6 7 8 10 11 12 13 14 15 H 16 " 18 19 20 21 22 1 JP23 24 25 26 27 28 29 30 31 FWxud 12 Su M Tu W Th F I Sa 1 2 3 4 5 006 7 8 9 10 11 121 PZ14 15 16 17 18 19 H 20 22 23 24 25 26 JP27 28 29 1 I --L---j [ 7 9. ADJOURNMENT (Council will take a 5 minute recess prior to workshop to complete the NAC — Alan Brixius review) M:\Public Data\City Council\Council Agendas\2012 Agendas\O1 17 2012 Agenda.doc Meeting Date: January 17, 2012 A,lbertville Small 9 Town n . Big City life. o � 9 4 ALBERTVILLE CITY COUNCIL January 3, 2012 MINUTES ALBERTVILLE CITY HALL CALL TO ORDER — PLEDGE OF ALLEGIANCE 7:00 PM Mayor Meehan called the regular City Council meeting to order at 7:00 p.m. All individuals present said the Pledge of Allegiance. ROLL CALL Present: Mayor Mark Meehan, Council members Larry Sorensen, Dan Wagner, and Jillian (Schommer) Hendrickson Absent: Council Member John Vetsch (Aunt's funeral) Others Present: City Administrator Larry Kruse, Finance Director Tina Lannes, City Clerk Bridget Miller, City Engineer Adam Nafstad and City Attorney Michael Couri Excused Absence: City Planner Alan Brixius AMENDMENTS TO THE AGENDA Meehan noted there were no amendments to the agenda. CMs Wagner/Sorensen motioned to approve the Tuesday, January 3, 2011 agenda as sent and presented. Motion carried unanimously. CONSENT AGENDA All items under the Consent Agenda are considered to be routine by the City staff and will be enacted by one motion. In the event an item is pulled it will be discussed in the order it is listed on the Consent agenda following the approval of the remaining Consent items. These items will be approved by a separate motion. MAPublic Data\City Council\Council Minutes\2012 Minutes\City Council\M 01-03-2012 draft.doc 1 City of Albertville Council Minutes January 3, 2012 Page 2 of 5 A. Approve the December 19, 2011 regular City Council minutes as presented B. Acknowledgement of the Monday, December 19, 2011 Joint Powers Water Board meeting — majority of Council members were present as the meeting was held in the East Conference Room at the Albertville City Hall C. Authorize the Tuesday, January 3, 2012 payment of the claims that includes electronic payments 513, 514, 530-537 EFT and check numbers 30566 to 30596 as presented D. Approve Resolution No. 2012-001 Acknowledging the Appointments for the Various Offices for the 2012 Calendar Year E. Acknowledge the City Engineer's Project Status Report F. Adopt the 2011 Pay Equity Compliance Report G. Accept the Personnel Committee's recommendation to establish a Public Works and Parks Maintenance II position with a 2012 wage range from $44,952 to $50,860 and to approve moving Ryan Zachman to Step 4 ($49,619) on that schedule effective at the start of the next payroll period H. Accept the Personnel Committee's recommendation to establish a pay range of $42,812 to $48,437 for the Water, Waste Water Treatment Operator and to approve moving Gerald Gerads to Step 3 ($46,104) on that schedule effective at the start of the next payroll period I. Acknowledge receipt of the December 28, 2011 Personnel Committee Minutes Meehan stated he had one change to the appointments and that was to appoint Council member Jillian Hendrickson to replace Mayor Mark Meehan on the Personnel Committee. CMs Sorensen/Wagner motioned to approve the Consent Agenda as amended with Council Member Jillian Hendrickson to replace Mayor Mark Meehan on the Personnel Committee. Motion carried unanimously. ENGINEERING I-94 Amendment to the Professional Services Contract for SRF MnDOT is requesting that the profile of the WB CD Road be adjusted to 1) eliminate the need for a median barrier wall, which impedes sight distance, and 2) reduce the cross -slope of the median between the CD road and mainline to minimize the risk of vaulting. SRF is proposing to complete the requested revisions for an amount not -to -exceed $32,000. Work associated with the profile is rather extensive, as other portions of the plan need to be revised accordingly. Plan set sections that need to be revised or updated with the profile include, roadway plans, retaining wall plans, drainage plans, signage plans, cross -sections, typical sections, and quantity tabulations, together with extensive coordination with MnDOT. SRF proposes to complete and submit the revised plans to the State by late January. MAPublic Data\City Council\Council Minutes\2012 Minutes\City Council\M 01-03-2012 draft.doc 2 City of Albertville Council Minutes January 3, 2012 Page 3 of 5 For your information, this is the 4th amendment to the design contract which would amend the contract budget to $451,536. A brief summary of the amendments is as follows: Original Contract Amount $333,366 Amendment No. 1 $35,700 (Relocation of DMS, Ramp Lighting, Signage, etc.) Amendment No. 2 $29,700 (Bid Documents, Design Memo, Spec Amendments) Amendment No. 3 $20,770 (Barrier Wall, Retaining Wall) Amendment No. 4 $32,000 (Profile Revision -proposed) Total Contract Amount $451,536 The Council discussed the project delay and the $55,000 added expense exploring the barrier wall. All agreed it was unfortunate that MNDot did not figure this out during preliminary design. All agreed they can justify spending the additional $32,000 to save an estimated $200,000 in construction costs. CMs Wagner/Sorensen motioned to amend the Professional Service Contract amount with SRF Consulting from $419,536 to $451,536 for the final design of the I-94 Westbound Collector - Distributor Road. CMs Hendrickson/Sorensen moved to go into a closed meeting to discuss the City Clerk's Performance Evaluation. Motion carried unanimously. CMs Hendrickson/Sorensen moved to reconvene the regular City Council Meeting and temporarily adjourn to a workshop to discuss 2012 staffing. Mayor Meehan convened a workshop from 7:30 p.m. to 8:50 p.m. Mayor Meehan called the regular Council Meeting to order at 8:50 p.m. Mayor Meehan gave a report from the Personnel Committee and summarized that Council Member John Vetsch, who could not be with the Council tonight because of an Aunts funeral is supportive with the following personnel changes: City Engineer CMs Hendrickson/Wagner moved to establish the position of Public Works Director/City Engineer and post the position at City Hall for a 10 day period and authorize the Mayor and City Administrator to seek candidates for the position. Motion carried unanimously. Administrative Clerk II Accounting Position Bridget Miller spoke in favor of her taking on the new accounting duties. Miller gave a history of when she started working for the City doing Utility Billing and some of the accounting duties outlined in the proposed job description. She explained that the City Clerk position has not been the best fit for her skills and in general would look forward to this new opportunity. She said she understands this will be a financial setback for her, and is hopeful the position will increase from 32 hours to full-time at some time in the future. MAPublic Data\City Council\Council Minutes\2012 Minutes\City Council\M 01-03-2012 draft.doc City of Albertville Council Minutes January 3, 2012 Page 4 of 5 CMs Sorensen/Hendrickson moved create the position of Administrative Clerk II Accounting position at 32 hours per week and offer the Administrative Clerk II Accounting position internally to Bridget Miller at Step 3 on the schedule, subject to six month probation. Motion carried unanimously. Administrative Clerk II (Front Desk Position) CMs Sorensen/Hendrickson moved to acknowledged that the front desk will remain at approximately 60% of full-time through the first quarter with the goal to advertise to fill a full- time position in April. Further, depending on projects and workload demands to authorize the City Administrator to reallocated work hours amongst staff in an effort to accomplish desired goals. Motion carried unanimously. City Administrator/City Clerk CMs Hendrickson/Wagner moved acknowledge City Clerk Bridget Miller being reclassified to the Administrative Clerk II Accounting position and to amend the City Administrator's job description to temporarily perform the duties and responsibilities of the City Clerk and seek replacement of the City Clerk position in April. Motion carried unanimously. Building Official The Personnel Committee recommended the Building Official be set at 75% of a revised pay schedule. The Council discussed the lack of construction activity and the need for the department to be more responsive to sign ordinance enforcement, zoning enforcement, and making progress with electronic file migration project, being punctual and improved reporting to City Council. The Personnel Committee (Meehan and Vetsch) stressed the need to maintain our housing stock especially with the increased number of rentals and agreed with the City Administrator's performance goals. Kruse assured the City Council that staff was on a path to address those concerns. Kruse expressed that he would like to not see the Building Official go backwards on compensation. Kruse requested that Sutherland at his discretion could work up to 85 percent of full-time. If progress is not being made on departmental goals that he have the flexibility to shift those hours to other employees to get work done. Council member Hendrickson agreed saying our goal should also be to improve employee morale and provide the means to get this work accomplished. CMs Wagner/Sorensen moved to adopt a revised pay schedule for the Building Official with the following pay range, placing Building Official Jon Sutherland at the top step of that range effective immediately. (New/Revised) 2012 Building Official and Planning and Zoning Administrator Start Step 1 Step 2 Step 3 Step 4 Ste 5 $61,000 $62,525 $64,088 $65,690 $67,333 $69,016 MAPublic Data\City Council\Council Minutes\2012 Minutes\City Council\M 01-03-2012 draft.doc 21 City of Albertville Council Minutes January 3, 2012 Page 5 of 5 Further, to give the City Administrator discretion on the number of work hours worked by the Building Official up to a maximum of 85% of full-time based on the revised pay schedule. Further, depending on projects and workload demands to authorize the City Administrator to reallocated work hours amongst staff in an effort to accomplish desired goals. Motion carried unanimously. Finance Director Step CMs Wagner/Sorensen moved to grant the Finance Director a one-half step increase from Step 4 to Step 4.5 effective immediately. ADJOURNMENT CMs Sorensen/Wagner motioned to adjourn the meeting at 9:00 p.m. Motion carried unanimously. Larry Kruse, City Administrator MAPublic Data\City Council\Council Minutes\2012 Minutes\City Council\M 01-03-2012 draft.doc 5 Nbertville Small Town Uvfng. Big City Ufs. ALBERTVILLE CITY COUNCIL Monday, December 19, 2011 PERFORMANCE EVALUATIONS MINUTES ALBERTVILLE CITY HALL 7:35 p.m. MEMBERS PRESENT: Mayor Mark Meehan, Council members John Vetsch, Larry Sorensen, Dan Wagner, and Jillian Schommer. Others Present: City Administrator Larry Kruse The purpose of the workshop is to meet with City Attorney Mike Couri and City Engineer Adam Nafstad and discuss how the past year has gone and what might be improved in 2012. Further, the meeting was to complete City Administrator Kruse's annual performance evaluation. First, the Council met with City Attorney Mike Couri and he thanked the Council for the opportunity to serve the Council. He said Albertville is a busy City and there has been a lot of activity in spite of the construction downturn. Consulting City Attorney Mike Couri performance conversation: The City Council each spoke individually about City Attorney Couri's service to the City. Collectively all said the same thing as follows: They appreciate his knowledge of City business and the fact that he gives his advice straight and will provide options that the Council may consider. His information is timely and thorough. The Council appreciates that information and issues are included in the packet and not brought up at the last minute. The Council commented that Mr. Couri always takes time to discuss issues and explain the risks and benefits of his recommendations. This was a concern in prior years and has been addresses quite well. Overall, the Council approves of the consulting City Attorney Couri's service and thanked him. Consulting City Engineer Adam Nafstad performance conversation: The City Council each spoke individually about City Engineer Nafstad's service to the City. Collectively all said similar things as follows: They said that Mr. Nafstad has a confident, but humble demeanor, which is well accepted when working with residents. He is knowledgeable and always takes time to explain issues and present options for the Council. Mr. Nafstad's reports to Council are thorough and complete. The Council expressed confidence in his abilities and appreciates his service. The Council looks forward to working with Adam and is very pleased with the services of Bolton and Menk, Inc. Mr. Nafstad responded by saying he appreciates working for the City of Albertville. He spends about 75% of full-time in Albertville. Nafstad said Albertville is a positive place to work and has MAPublic Data\City Council\Council Minutes\2011 Minutes\M 12-19-2011 Evaluations.doc 6 City of Albertville City Council Budget Workshop notes August 1, 2011 Page 2 of 2 excellent staff and a good Council to work with. The upcoming I-94 will keep him busy in 2012 and he looks forward to working with Albertville. The Council concluded by thanking Mr. Nafstad for his good service to the City. City Administrator Larry Kruse's Performance Evaluation City Administrator Kruse started his evaluation by stating that twenty 360 degree Performance Evaluation Survey were sent to the council, Wright County Officials, Chamber Officials, City Department Heads and City workers. Kruse selected the 360 degree survey as a means to get broad feedback on how he can improve his service to the City. A copy of the survey results were shared with the Council. The overall score on a 0 to 5 scale was a 3.89. Mayor Meehan, Council Members Sorensen, Wagner and Hendrickson reviewed the performance evaluation and said that the results looked very good. They spoke favorable about City Administrator Kruse's performance. They recognized the hard work and professionalism that he brings to the City. They encouraged Mr. Kruse to keep up the good work. Council Member John Vetsch disagreed with the rest of the Council and said that he does not agree. Mr. Vetsch expressed disappointment that more was not done to bring new business to the City this past year. He said that his ideas about giving industrial land away are not being heard. Based on that, he disagrees with what has been said by the rest. Mayor Meehan thanked City Administrator Kruse for his service and looks forward to 2012. ADJOURNMENT Larry Kruse (recording secretary) M:Tublic Data\City Council\Council Minutes\2011 Minutes\M 12-19-2011 Evaluations.doc 7 STMA ARENA BOARD MINUTES Monday, January 9, 2012 6:00 p.m. Present: Chairman Dan Wagner, and STMA Arena Board members Larry Sorensen, Gayle Weber, Chris Schumm, Jeff Lindquist and Kevin Kasel. Also present were STMA Ice Arena Manager Grant Fitch and Albertville City Administrator Larry Kruse. Absent: None The meeting was called to order at 6:00 p.m. by Chairman Wagner ELECTION OF OFFICERS Wagner opened the floor for nomination for Chairman saying he believed it was the School's turn to head the Board. Motion by Weber/Wagner to nominate Jeff Lindquist as Chairman and Gayle Weber as Vice - Chairman and to close nominations and cast a unanimous ballot for the two positions . Motion carried unanimously. AGENDA Motion by Sorensen/Lindquist to approve the agenda with addition of an Arena Expansion Fund Raising Report. Motion carried unanimously. CONSENT AGENDA Motion by Weber/Kasel to approve the Consent Agenda. a. Approve the minutes from the December 12, 2011 STMA Arena Board Meeting (pg 1-7) b. Accept the Arena Manager's written report (pg 8) c. Acknowledge Nellie Jan's Thank You email (pg 9) d. Approve the December list of claims as presented in the amount of $19,107.79 and the December Finance Report (pgs 10-11) Motion carried unanimously. OLD BUSINESS City Administrator Kruse reported at the February meeting, staff will present a report on the site layout with feedback from the Technical Evaluation Panel (TEP) on parking lot development in the buffer and/or wetland. Kruse reported he believes Ebert Construction has signed the Arena Roof Repair Contract and will begin work as weather permits. WPublic Data\Arena\2012\Minutes\01-09-2012 Minutes.doc N. STMA ARENA BOARD MINUTES Monday, January 9, 2012 Page 2 of 2 Kruse reported that Arena Manager Fitch has not completed his research on installing a vending control box to sell radiant heat. Fitch will report back at the February meeting. FUND RAISING REPORT Board Member Jeff Lindquist said the School Board is interested to learn the status of fund raising efforts on behalf of Youth Hockey. Scott Berning reported they had a very successful year in 2011. Youth Hockey raised over $60,000 and anticipates doubling that amount in 2012 with the addition of gambling proceeds. Berning said Youth Hockey has established a relationship with the Lions and has assist with meat raffles and other projects. He said a Halloween Pumpkin sales netted $900; Calendar $20,000, Four Wheel Raffle $13,000 and the Knights to remember event $20,000. Youth Hockey participated in a food drive, whereby they gathered $6,000 of food products and had that matched by a private business with the match going towards the second sheet. Berning is excited about fund raising opportunities and now has businesses and individuals approaching them about fund raising opportunities or to donate. Berning said, they may be back to approach the Board about moving forward with the expansion sooner than what might be expected. Berning reported that Youth Hockey membership is slightly down from 402 members in 2011 to 396 in 2012. He attributed this to too much traveling and not enough local ice time. The Board suggested Kruse give a report to the joint meeting of the School and two cities on Monday, January 30, 2012. They also suggested that might be a time for Scott Berning to share his fund raising story. ADJOURN Motion by Lindquist/Weber to adjourn the meeting at 6:35 p.m. Motion carried unanimously. Attest: Larry Kruse, Recording Secretary M:\Public Data\Arena\2012\Minutes\01-09-2012 Minutes.doc A,lbertville Mayor and Council Communication S-v T- UwkM.. f9 € tw UFO. January 17, 2011 SUBJECT: CONSENT - 2012 ALBERTVILLE FIRE DEPARTMENT STANDARD OPERATING GUIDELINE/POLICY CHANGES RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider passing the following: MOTION TO approve the following additions/changes to the Fire Department Standard Operating Guidelines 1) Drug and Alcohol Policy, 2) Truck Pulling Sequence and 3) City Employees as Reserve Fire Truck Drivers as on file with the City Clerk. BACKGROUND: Each year the Albertville Fire Department reviews its Standard Operating Guildelines/Policies. The proposed Drug and Alcohol Policy clarifies the standard when a volunteer Fire Fighter may respond after consuming alcohol or drugs. The Truck Pulling Sequencing Policy incorporates the new quick response pickup into the fleet and the City Employees as Reserve Fire Fighters accommodates City Employees responding to emergencies and operating fire trucks. FINANCIAL CONSIDERATIONS: There are no fiscal implications to adoption of these changes. LEGAL ISSUES: City Attorney Couri has reviewed the Drug and Alcohol Policy and advises that it is a good practice to adopt this policy. Submitted through: Larry R. Kruse, City Administrator Department/Responsible Person: Fire Chief Tate Mills M:\Public Data\Requests for Council Actions (RCA)\2012\12 17 2012 Fire Department SOG Changes-0 RCA.doc Meeting Date January 17, 2012 RESERVE FIREFIGHTER — City Employee 1. Requirements The following must be met / completed before becoming eligible for a Reserve Firefighter — City Employee position. A. Age 1) Must be at least 18 years of age B. Must be a full time employee hired by the City of Albertville C. Training 1) Must complete initial in-house training and continuous training. Initial training is given to employee until officers feel employee is competent and efficient enough to operate equipment and radios in emergency situations. Continuing training is at intervals seen fit by the board of officers and city employees, but a minimum of twice (2x) a year. D. Pay/Benefits 1) Reserve Firefighter - City Employees will not be paid for their training or for calls by the Fire Department. All pay comes from their normal city wages and the City Employee is responsible for maintaining their own hours. 2) City Employees will not collect any relief association benefits as a Reserve Firefighter — City Employee position. E. Duties (during City Employees regular working hours) 1) On approval by the board of officers, an applicant will assume all duties of a Engine/pump operator to include radio operation and driving of the fire apparatus. Some laying/ pickup of hose lines when not in the hot zone may also apply. 2) Reserve Firefighter — City Employee can also respond directly to the scene of the incident, and take over the operation of the Engine truck, if deemed necessary by the Incident Commander. 3) These duties may occasionally be taken over by a paid on call firefighter when the Incident Commander deems it necessary. 4) The Reserve Firefighter — City Employee is NOT required to wear turnout gear at the incident scene. January 17, 2012 City Council Meeting 11 However, they ARE required to wear OSHA required reflective vest, hard hat, and safety glasses. Other safety equipment can be determined by the Incident Commander. F. Performance 1) Reserve Firefighter — City Employees may be dismissed for any reason involving performance or attitude at the discretion of the Chief and Fire Department Officers. There will be no appeal procedure. 2) If at any time the Reserve Firefighter City Employee does not want to respond to emergency calls under this job description, they are under no obligation from the City of Albertville or its Fire Department to continue. January 17, 2012 City Council Meeting 12 AFD Drug and Alcohol Policy Amended 12/15/11 (policy taken from league of MN Cities) 1. A firefighter who has consumed more than two drinks of alcoholic beverages in the previous four hours shall not respond to an emergency call. 2. A firefighter who has responded to an emergency call and is suspected of being under the influence of alcohol can be tested and have a BAC* no greater than .04%. 3. Upon arriving at the fire hall in response to an emergency call, a firefighter shall immediately inform the Fire Officer in charge of any of the following conditions: • if the firefighter has consumed alcohol during the preceding four hour period, and the amount consumed in that period. • if the firefighter is using any prescription or non-prescription medication that is labeled with a warning regarding drowsiness, driving, or operation of machinery. • if the firefighter has consumed any illegal drugs or substances within the preceding 48 hours. 4. A firefighter who has consumed any alcohol in the proceeding four hour period, or who is using a prescription or non-prescription medication that is labeled with a warning regarding drowsiness, driving, or operation of machinery shall not perform any of the functions listed below, but instead will be assigned to other duties. • Drive any vehicle; • Use SCBA; • Enter a Structure Fire; • Provide emergency medical assistance or first aid. 5. The Fire Officer in charge shall restrict the activities of any firefighter as s/he deems appropriate if the Fire Officer in charge reasonably January 17, 2012 City Council Meeting 13 believes or suspects that the firefighter may be unable for any reason to safely and properly perform the duties of a firefighter. This applies even if the firefighter is in compliance with the requirements of Paragraphs 1 through 9 of this policy. 6. Any firefighter who during an emergency response observes any indication that another firefighter is under the influence of alcohol or drugs shall immediately report those observations to any officer. Such indications include the odor of alcohol on the breath, slurred speech, unsteady gait, or disorientation. After further investigation by the fire officer, the suspected firefighter maybe subjected to a BAC* or a UA* * 7. No firefighter shall consume alcohol within the 8 hrs prior to any scheduled meeting or training. 8. In any case of a scheduled social event that may involve consumption of alcohol by a substantial percentage of the Fire Department members, the Fire Chief shall arrange in advance for emergency response by a neighboring department pursuant to the appropriate mutual aid agreement. 9. A firefighter that has used any illegal or non prescription drug is subject to the City of Albertville drug policy. 0 A Firefighter who fails to comply with these requirements is subject to disciplinary action. * BAC = Blood Alcohol Content * * UA = Urine Analysis January 17, 2012 City Council Meeting 14 TRUCK PULLING SEQUENCE Structural Fire — Hydrants Available Residential Multi Story, Single Family Residential, Commercial and Industrial. Also Fire Alarms, gas leaks, CO calls A. Engine 11 1. Utility 11 if any Officer can get out before Engine 11 B. Ladder 11 C. Rescue 11 D. Engine 12 E. Mutual Aid - As requested Structure Fire — No Hydrants Available Single Family Homes, Barns, Out Buildings, Fire Alarms, Gas Leaks, CO calls, etc. A. Engine 11 1. Utility 11 if any Officer can get out before Engine 11 B. Tender 11 C. Engine 12 D. Rescue 11 E. Ladder 11 — With approval from IC Rescue Calls Motor Vehicle Accidents, Entrapments, etc. A. Engine 11 1) Utility 11 if any Officer can get out before Engine 11 B. Rescue 11 C. Tender 11 — with approval from IC D. Engine 12 - with approval from IC D. Ladder 11 — with approval from IC Grass / Brush Fires A. Utility 11 with gator. B. Engine 12 C. Tender 11 January 17, 2012 City Council Meeting 15 D. Engine 11 Medical A. Rescue 11 B . Utility 11 C. Engine 11 Vehicle Fire A. Engine 11 1. Utility 11 if any Officer can get out before Engine 11 B. Rescue 11 C. Tender 11 * Chief Officers may respond directly to calls in personal vehicles as needed. * Utility 11 may be first truck out on all calls when taken home by a Duty Officer, during historically busy times. January 17, 2012 City Council Meeting 16 Albertville Mayor and Council Communication Small Town Uving. Big City Uts. January 9, 2012 SUBJECT: CONSENT - FINANCE DEPARTMENT — PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO authorizing the Tuesday, January 17, 2012 payment of the claims that includes check numbers 30597-30615 (accounts payable batch) and 30616 to 30623 as presented except the bills specifically pulled, which are passed by separate motion. BACKGROUND: The City process's claims on a semi-monthly basis. The bills are approved through their respective departments and administration and passed onto the City Council for approval. KEY ISSUES: Account codes starting with 810 are STMA Arena ExpensesNendors (bolded) Check No. 30613 West Star Curb & Concrete — Council pre -approved Sidewalk Replacement from the 2009 Albertvilla's 6ffi Sidewalk project Check No. 30618 Northland Trust Service — February bond payments POLICY/PRACTICES CONSIDERATIONS: It is the City's policy to review and approve payables on a semi-monthly basis. FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends approval of payments presented. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve all bills pursuant to Minnesota State Law, which requires all bills to be paid in a timely manner, generally within 30 days unless one party determines disputes the billing. Submitted through: Larry R. Kruse, City Administrator Department/Responsible Person: Finance/Tina Lannes, Finance Director Attachments: Check Register Detail, Engineer recommendation for payment Pit Mayor and Council Communication - January 17, 2012 Finance - Payment of Claims Page 2 of 8 A,lbertville Small Town Uving. Big City Ufa. Check Detail Register Accounts Payable 2011 paid January 17, 2012 Refer 19237 ABDO, E/CK & MEYERS LLP AP Payment E 601-49450-301 Auditing and Acct g Acct Asst/GASB 54 lnvoice40039 12/9/2011 AP Payment E 602-49400-301 Auditing and Acct g Acct Asst/GASB 54 lnvoice40039 12/9/2011 AP Payment E 101-42000-301 Auditing and Acct g Acct Asst/GASB 54 lnvoice40039 12/9/2011 AP Payment E 101-42400-301 Auditing and Acct g Acct Asst/GASB 54 Invoice40039 12/9/2011 AP Payment E 101-41400-301 Auditing and Acct g Acct Asst/GASB 54 lnvoice40039 12/9/2011 AP Payment E 604-49660-301 Auditing and Acct g Acct Asst/GASB 54 lnvoice40039 12/9/2011 Transaction Date 12/28/2011 Due 12/28/2011 Accounts Payable Refer 19238 ARAMARK UNIFORM SERVICES AP Payment E 101-42000-405 Repair/Maint - Buildings FD Mats I nvoice629-7387069 12/13/2011 Transaction Date 12/28/2011 Due 12/28/2011 Accounts Payable Refer 19239 ARAMARK UNIFORM SERVICES AP Payment E 101-41940-405 Repair/Maint - Buildings CH mop, mats, towel I n vo ice6297397004 12/27/2011 Transaction Date 12/28/2011 Due 12/28/2011 Accounts Payable Refer 19240 ARAMARK UNIFORM SERVICES AP Payment E 101-43100-417 Uniform Rentals Uniforms PW I nvoice6297387074 12/13/2011 AP Payment E 601-49450-417 Uniform Rentals Uniforms Wtr Invoice6297387074 12/13/2011 AP Payment E 602-49400-417 Uniform Rentals Uniforms Swr I nvoice6297387074 12/13/2011 AP Payment E 101-45100-417 Uniform Rentals Uniforms Pks 1 nvoice6297387074 12/13/2011 Transaction Date 12/28/2011 Due 12/28/2011 Accounts Payable Refer 19241 ARAMARK UNIFORM SERVICES AP Payment E 101-43100-417 Uniform Rentals Uniforms PW I nvoice6297392077 12/20/2011 AP Payment E 601-49450-417 Uniform Rentals Uniforms Wtr Invoice6297392077 12/20/2011 AP Payment E 602-49400-417 Uniform Rentals Uniforms Swr I nvoice6297392077 12/20/2011 AP Payment E 101-45100-417 Uniform Rentals Uniforms Pks 1 nvo ice6297392077 12/20/2011 Transaction Date 12/28/2011 Due 12/28/2011 Accounts Payable Refer 19242 ARAMARK UNIFORM SERVICES AP Payment E 101-43100-417 Uniform Rentals Uniforms PW I nvoice6297397010 12/27/2011 AP Payment E 601-49450-417 Uniform Rentals Uniforms Wtr I nvoice6297397010 12/27/2011 AP Payment E 602-49400-417 Uniform Rentals Uniforms Swr I nvoice6297397010 12/27/2011 AP Payment E 101-45100-417 Uniform Rentals Uniforms Pks $148.33 $148.33 $148.33 $148.33 $148.34 $148.34 20200 Total $890.00 $12.83 20200 Total $12.83 s $50.00 20200 Total $50.00 $9.86 $9.86 $9.86 $9.85 20200 Total $39.43 $12.98 $12.98 $12.98 $12.99 20200 Total $51.93 $12.34 $12.34 $12.34 $12.35 Mayor and Council Communication - January 17, 2012 Finance - Payment of Claims Page 3 of 8 Invoice6297397010 12/27/2011 Transaction Date 12/28/2011 Due 12/28/2011 Accounts Payable 20200 Total $49.37 Refer 19243 CENTURYL/NK COMMUNICATIONS AP Payment E 101-42000-321 Telephone CH 1 497-0261 $28.15 Invoice313117835122111 12/21/2011 AP Payment E 601-49450-321 Telephone WWTF 497-0269 $26.58 Invoice313117835122111 12/21/2011 AP Payment E 101-41940-321 Telephone RB 497-0452 $35.52 Invoice313117835122111 12/21/2011 AP Payment E 101-43100-321 Telephone WWTF 497-0774 $29.57 Invoice313117835122111 12/21/2011 AP Payment E 101-42000-321 Telephone FD 497-1340 $29.57 Invoice313117835122111 12/21/2011 AP Payment E 601-49450-321 Telephone WWTF 497-1888 $27.01 Invoice313117835122111 12/21/2011 AP Payment E 101-45100-321 Telephone PK 497-2215 $27.91 Invoice313117835122111 12/21/2011 AP Payment E 101-41940-321 Telephone 497-3486 $26.58 I nvoice313117835122111 12/21/2011 AP Payment E 101-41940-321 Telephone CH2 497-3695 $26.58 Invoice313117835122111 12/21/2011 AP Payment E 101-41940-321 Telephone 497-3704 $26.58 I nvoice313117835122111 12/21/2011 AP Payment E 101-42000-321 Telephone FD 497-7474 $26.58 Invoice313117835122111 12/21/2011 AP Payment E 101-41940-321 Telephone taxes & surcharge $22.81 Invoice313117835122111 12/21/2011 Transaction Date 12/28/2011 Due 12/28/2011 Accounts Payable 20200 Total $333.44 Refer 19244 CITY OF OTSEGO AP Payment E 101-43100-226 Sign Repair Materials (5) No Parking on City Streets (signs) $217.72 InvoiceDecember 11 12/12/2011 Transaction Date 12/28/2011 Due 12/28/2011 Accounts Payable 20200 Total $217.72 Refer 19245 MINNESOTA COPY SYSTEMS AP Payment E 101-41400-413 Office Equipment Rental Copier Lease $231.71 invoice81692 12/22/2011 AP Payment E 601-49450-413 Office Equipment Rental Copier Lease $84.96 lnvoice81692 12/22/2011 AP Payment E 602-49400-413 Office Equipment Rental Copier Lease $38.62 I nvoice81692 12/22/2011 AP Payment E 604-49960-413 Office Equipment Rental Copier Lease $30.89 Invoice81692 12/22/2011 Transaction Date 12/28/2011 Due 12/28/2011 Accounts Payable 20200 Total $386.18 Refer 19246 NAPA AUTO PARTS AP Payment E 101-45100-404 Repair/Maint - Blower Motor for 2006 Chevrolet Silverado $97.35 I nvoice804359 12/6/2011 Transaction Date 12/28/2011 Due 12/28/2011 Accounts Payable 20200 Total $97.35 Refer 19247 NAPA AUTO PARTS AP Payment E 101-45100-404 Repair/Maint - Warranty Credit -$91.09 I nvoice804866 12/12/2011 AP Payment E 101-45100-404 Repair/Maint - oil filters, can coup, grease fittings, fitting, grease $93.11 I nvoice804866 12/12/2011 Transaction Date 12/28/2011 Due 12/28/2011 Accounts Payable 20200 Total $2.02 Refer 19248 NAPA AUTO PARTS AP Payment E 101-45100-404 Repair/Maint - Fittings $16.91 I nvoice804900 12/12/2011 Transaction Date 12/28/2011 Due 12/28/2011 Accounts Payable 20200 Total $16.91 Refer 19249 RANDY S SANITATION AP Payment E 810-00000-384 Refuse/Garbage STMA Arena Garbage Pickup $244.67 Invoice 156027312/11 12/19/2011 Transaction Date 12/28/2011 Due 12/28/2011 Accounts Payable 20200 Total $244.67 Refer 19250 WATER LABORATORIES INC AP Payment E 601-49450-218 Testing Expenses Test for Coliform Bacteria Only $20.00 Invoicel1 L-165 12/14/2011 1 Mayor and Council Communication - January 17, 2012 Finance - Payment of Claims Page 4 of 8 Transaction Date 12/28/2011 Due 12/28/2011 Accounts Payable 20200 Total $20.00 Refer 19251 WATER LABORATORIES INC AP Payment E 601-49450-218 Testing Expenses Retest Coliform Bacteria $40.00 Invoicel 1 L-203 12/21/2011 Transaction Date 12/28/2011 Due 12/28/2011 Accounts Payable 20200 Total $40.00 Refer 19252 WRIGHT COUNTY HIGHWAY DEPT AP Payment E 101-43100-221 Ice Removal 13 salt - special agreement $1,032.99 Invoice65.70 12/15/2011 Transaction Date 12/28/2011 Due 12/28/2011 Accounts Payable 20200 Total $1,032.99 Refer 19254 PIPELINE SUPPLY, INC. AP Payment E 101-45100-405 Repair/Maint - Buildings Ball Valve with blowout proof stem, union $78.41 I n voiceS2914518.001 12/20/2011 Transaction Date 1/3/2012 Due 1/3/2012 Accounts Payable 20200 Total $78.41 Refer 19255 JONES, JANET AP Payment G 101-22900 Rental Deposit Escrow Rental Damage Refund 12/18/11 Multipurpose $100.00 room InvoiceRefund 12/27/2011 Transaction Date 1/3/2012 Due 1/3/2012 Accounts Payable 20200 Total $100.00 Refer 19256 WEST STAR CURB & CONCRETE INC AP Payment E 604-49660-303 Engineering Fees AV 6th Sidewalk/Curb Replacement 2009 Project $20,019.00 InvoiceDecember 2011 12/27/2011 Transaction Date 1/3/2012 Due 1/3/2012 Accounts Payable 20200 Total $20,019.00 Refer 19257 LINE 1 PARTNERS, INC AP Payment E 810-00000-321 Telephone STMA Arena 12/12/11 Techinical Support Onsite $350.00 Invoice 13062 12/21/2011 Transaction Date 1/3/2012 Due 1/3/2012 Accounts Payable 20200 Total $350.00 Refer 19265 CARLSON BUILDING SERVICES, AP Payment E 602-49400-210 Operating Supplies Can Liners $43.57 I nvoice38726 12/29/2011 AP Payment E 601-49450-210 Operating Supplies Can Liners $43.57 I nvoice38726 12/29/2011 AP Payment E 101-41940-210 Operating Supplies Can Liners $43.57 I nvoice38726 12/29/2011 AP Payment E 101-43100-215 Shop Supplies Can Liners $43.57 I nvoice38726 12/29/2011 AP Payment E 101-42000-200 Office Supplies Can Liners $43.57 I n vo i ce38726 12/29/2011 Transaction Date 1/5/2012 Due 1/5/2012 Accounts Payable 20200 Total $217.85 Refer 19266 SHRED RIGHT -A ROHN AP Payment E 101-41400-300 Professional Srvs Shredding documents $30.00 Invoice 112733 12/19/2011 Transaction Date 1/5/2012 Due 1/5/2012 Accounts Payable Refer 19267 COCA COLA ENTERPRISES AP Payment E 810-00000-254 Soft Drinks/Mix For Resale $1,066.16 Invoice 0118178911 12/27/2011 Transaction Date 1/5/2012 Due 1/5/2012 Accounts Payable Refer 19268 ZEP SALES & SERVICE 20200 Total $30.00 STMA Arena Soft drinks, water for concessions 20200 Total $1,066.16 AP Payment E 810-00000-200 Office Supplies STMA Arena trash bags, towels, toilet tissue, $541.62 soap mop head, polar ice melt Invoice 57436679 12/22/2011 Transaction Date 1/5/2012 Due 1/5/2012 Accounts Payable 20200 Total $541.62 Fund Summary 20200 Accounts Payable 101 GENERAL FUND $2,795.87 601 SEWER FUND $425.63 602 WATER FUND $265.70 604 STORM WATER $20,198.23 810 STMA ARENA $2,202.45 $25,887.88 Mayor and Council Communication — January 17, 2012 Finance — Payment of Claims Page 5 of 8 Check Detail Register January 17, 2012 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 030616 1/17/2012 MEDICA E 101-41300-131 Employer Paid Health $606.64 26204487 Emp Health Ins E 101-42400-130 Employer Paid Ins (GENERAL) $835.33 26204487 Emp Health Ins E 101-43100-130 Employer Paid Ins (GENERAL) $1,335.00 26204487 Emp Health Ins E 101-45100-130 Employer Paid Ins (GENERAL) $1,509.83 26204487 Emp Health Ins E 601-49450-130 Employer Paid Ins (GENERAL) $967.90 26204487 Emp Health Ins E 602-49400-130 Employer Paid Ins (GENERAL) $967.91 26204487 Emp Health Ins E 810-00000-130 Employer Paid Ins (GENERAL) $856.21 26204487 Emp Health Ins G 101-21706 Group Insurance Payable $2,727.43 26204487 Emp Health Ins emp port E 101-41500-131 Employer Paid Health $820.44 26204487 Emp Health Ins E 101-41400-131 Employer Paid Health $552.71 26204487 Emp Health Ins Total MEDICA $11,179.40 Paid Chk# 030617 1/17/2012 MINNESOTA MUNICIPAL UTILITIES E 601-49450-433 Dues and Subscriptions $392.00 38373 2012 Water utility Member Dues 1/1/12 - 1/31/12 Total MINNESOTA MUNICIPAL UTILITIES $392.00 Paid Chk# 030618 1/17/2012 NORTHLAND TRUST SERVICE INC E 601-49450-620 Fiscal Agent s Fees $425.00 ALBE08A 1/12805,000 GO Sewer 2008A Paying Agent Annual Fee E 601-49450-611 Bond Interest $9,047.50 ALBE08A 1/12805,000 GO Sewer 2008A Interest E 601-49450-601 Debt Sry Bond Principal $75,000.00 ALBE08A 1/12805,000 GO Sewer 2008A Principal E 354-47000-620 Fiscal Agent s Fees $425.00 ALBE08B 1/12560,000 GOCap Improv Paying Agent Annual Fee E 354-47000-611 Bond Interest $6,190.00 ALBE08B 1/12560,000 GOCap Impro Bond Interest E 354-47000-601 Debt Sry Bond Principal $55,000.00 ALBE08B 1/12560,000 GOCap Impro Bonds Principal E 601-49450-611 Bond Interest $8,429.83 ALBERTVI IA Interest 520,000 GO 2011A E 601-49450-601 Debt Sry Bond Principal $25,900.00 ALBERTVI IA Principal 520,000 GO 2011A E 602-49400-611 Bond Interest $2,961.83 ALBERTVI IA Interest 520,000 GO 2011A E 602-49400-600 Debt Sry Principal (GENERAL) $9,100.00 ALBERTVI IA Principal 520,000 GO 2011A E 357-47000-611 Bond Interest $14,875.01 ALBERTVI I B Interest 835,000 GO 2011 B E 357-47000-601 Debt Sry Bond Principal $105,000.00 ALBERTVI I B Principal 835,000 GO 2011 B E 360-47000-611 Bond Interest $32,085.00 ALBERTVA07A Interest 4,035,000 GO 2007A E 604-49660-611 Bond Interest $15,642.50 ALBERTVA07A Interest 4,035,000 GO 2007A E 604-49660-600 Debt Sry Principal (GENERAL) $35,000.00 ALBERTVA07A Principal 4,035,000 GO 2007A E 362-47000-611 Bond Interest $20,117.50 ALBERTVA07A Interest 4,035,000 GO 2007A E 362-47000-600 Debt Sry Principal (GENERAL) $45,000.00 ALBERTVA07A Principal 4,035,000 GO 2007A E 361-47000-611 Bond Interest $10,627.50 ALBERTVA07A Interest 4,035,000 GO 2007A E 361-47000-600 Debt Sry Principal (GENERAL) $25,000.00 ALBERTVA07A Principal 4,025,000 GO 2007A E 360-47000-600 Debt Sry Principal (GENERAL) $70,000.00 ALBERTVA07A Principal 4,035,000 GO 2007A E 358-47000-611 Bond Interest $22,692.50 ALBRTV11C Interest 1,825,000 GO Capital Impvt E 358-47000-601 Debt Sry Bond Principal $100,000.00 ALBRTVI IC Principal 1,825,000 GO Capital Impvt Total NORTHLAND TRUST SERVICE INC $688,519.17 Paid Chk# 030619 1/17/2012 STERLING CODIFIERS, INC. E 101-41400-300 Professional Srvs (GENERAL) $500.00 11938 2012 hosting fee for code on internet Total STERLING CODIFIERS, INC. $500.00 Mayor and Council Communication — January 17, 2012 Finance — Payment of Claims Page 6 of S Check Amt Invoice Comment Paid Chk# 030620 1/17/2012 TRYCO LEASING INC E 101-43100-410 Rentals (GENERAL) $208.52 5887 PW Copier 200919-1 toshiba Estudio 2830 E 101-42000-412 Building Rentals/Admin Fee $113.64 5888 FD Copier 20068-2 Samsung SCX 6345 E 101-41400-413 Office Equipment Rental $134.98 5889 Copier 200919-3 Estudio 850 E 601-49450-413 Office Equipment Rental $49.49 5889 Copier 200919-3 Estudio 850 E 602-49400-413 Office Equipment Rental $22.50 5889 Copier 200919-3 Estudio 850 E 604-49960-413 Office Equipment Rental $18.00 5889 Copier 200919-3 Estudio 850 Total TRYCO LEASING INC $547.13 Paid Chk# 030621 1/17/2012 U. S. POSTMASTER E 101-41400-413 Office Equipment Rental $100.00 January 2012 12 months post office box #9 renewal for 2012 Total U. S. POSTMASTER $100.00 Paid Chk# 030622 1/17/2012 WASTE MANAGEMENT E 101-43100-384 Refuse/Garbage Disposal $77.70 6137914-1593-8 Public Works garbage E 601-49450-384 Refuse/Garbage Disposal $74.94 6137914-1593-8 WWTF garbage Total WASTE MANAGEMENT $152.64 Paid Chk# 030623 1/17/2012 WRIGHT COUNTY AUD/TREASURER R 101-00000-34950 Other Revenues $20.00 January 2012 Records fee Total WRIGHT COUNTY AUD/TREASURER $20.00 Fund Summary 10100 Premier Bank 01 GENERAL FUND 354 1999 LEASE/REVENUE 357 2003A GO IMP BOND 358 Lease Revenue Bond 2004 360 CSAH 19, 2007A 361 Latchman, 2007A 362 Industrial Park, 2007A 601 SEWER FUND 602 WATER FUND 604 STORM WATER 810 STMA ARENA 10100 Premier Bank $701,410.34 $9,542.22 $61,615.00 $119,875.01 $122,692.50 $102,085.00 $35,627.50 $65,117.50 $120,286.66 $13,052.24 $50,660.50 $856.21 $701,410.34 Mayor and Council Communication - January 17, 2012 Finance - Payment of Claims Page 7 of 8 • = BO LTON & M F== N K , I N C® Consulting Engineers & Surveyors 7533 Sunwood Drive NW • Ramsey, MN 55303 Phone (763) 433-2851 • Fax (763) 427-0833 www.bolton-menk.com MEMORANDUM Date: December 28, 2011 To: Lary Kruse, City Administrator Tina Lannes, City Finance Director From: Adam Nafstad, Albertville Engineer Subject: 2009 Albert Villas Sidewalk Improvements Project Partial Payment No. 1 and Final BMI Project No.: R13.100766 Attached please find an invoice from West Star Curb and Concrete in the amount of $20,019. This invoice represents 100% of the sidewalk and curb replacement work that was completed in the Summer of 2009. For your information, this work was part of an assessment project that included concrete repairs and tree replacement. The total amount assessed was $44,999.88 and the total construction cost is $43,753.12. It is recommended that payment, in the amount of $20,019, be made to: West Star Curb & Concrete, Inc. 271 Central Ave. S Watkins, MN 55389 This payment completes and closes -out the project. Please let me know if you have any questions. Attachment DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer Mayor and Council Communication - January 17, 2012 Finance - Payment of Claims Page 8 of 8 DEC-28-2011 04:51P FROM:WEST STAR CLRB 32076495e2 TO:17634270833 P.2 WEST STAR CURB & CONCRETE, ,wrr, 271 CENTRAL AVE. S WATKINS, MN. 55389 BILL TO CITY OF ALBERTVILLE 5959 MAIN AVE NE PO BOX 9 ALBERTVILLE, MN 55301 Invoice DATE 12/27/2011 DESCRIPTION CITY RATE AMOUNT RE: ALBEItT VILLAS 6TH ADDITION SIDEWALK SeROVEMENTS REMOVE CURB 591 4.00 2,364.00 REMOVE SIDEWALK 1,759 1.00 1,759.00 B618 591 15.00 8,865.00 5" SIDEWALK 1,758 4.00 7,032.00 Total $20,019.00 DEC 28,2011 02:59P 3207649582 page 2 Nam: Consulting Engineers & Surveyors 7533 Sunwood Drive NW • Ramsey, MN 55303 Phone (763) 433-2851 • Fax (763) 427-0833 www.bolton-menk.com January 5, 2012 Mr. Larry Kruse, City Administrator City of Albertville 5959 Main Avenue NE, P.O. Box 9 Albertville, MN 55301-0009 RE: Partial Pay Estimate No.:J 2011 Street Improvements City of Albertville, Minnesota BMI Project No.: R13.103381 Dear Mr. Kruse: Enclosed please find four (4) copies of Partial Pay Estimate No. 2 & Final for the above referenced project. Payment No. 2 includes all project related work and complete release of retainage. We have reviewed pay estimate No. 2 and recommend payment in the amount of $102,027.2 to Omann Brothers, Inc. For your information, the total project cost is $189,717.51, which includes approximately $9,200 of additional work primarily related to miscellaneous street repairs and the replacement of castings. If everything meets your approval, please sign all four (4) copies, retain one (1) copy, return one (1) copy to our office, and submit two (2) copies along with payment to: Omann Brothers, Inc. PO Box 9 Albertville, MN 55301 We have requested that the Contractor submit all IC-134 forms and consent of surety. Please do not release payment until receipt of these items has been verified. Please contact me if you have any questions regarding this estimate. Sincerely, BOLTON & MENK, INC. Adam Nafstad, P.E. City Engineer Enclosures DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer 25 CONTRACTOR'S PAY REQUEST DISTRIBUTION: 2011 STREET IMPROVEMENTS CONTRACTOR (1) OWNER (1) CITY OF ALBERTVILLE, MINNESOTA ENGINEER 1 BMI PROJECT NO.: R13:103381 BONDING CO. (0) TOTAL AMOUNT BID PLUS APPROVED CHANGE ORDERS $189,717.51 TOTAL, COMPLETED WORK TO DATE $189,717.51 TOTAL, STORED MATERIALS TO DATE $0.001 DEDUCTION FOR STORED MATERIALS USED IN WORK COMPLETED $0.00 TOTAL, COMPLETED WORK & STORED MATERIALS $189,717.51' RETAINED PERCENTAGE 0% $0.00! TOTAL AMOUNT OF OTHER PAYMENTS OR DEDUCTIONS $0.00 NET AMOUNT DUE TO CONTRACTOR TO DATE $189,717.51 TOTAL AMOUNT PAID ON PREVIOUS ESTIMATES $87,689.99 PAY CONTRACTOR AS ESTIMATE NO. 2nd & FINAL $102,027.52 CERTIFICATE OF FINAL PAYMENT I hereby certify that, to the best of my knowledge and belief, all items quantities and prices of work and material shown on this Estimate are correct and that all work has been performed in full accordance with the terms and conditions of the Contract for this project between the Owner and the undersigned Contractor, and as amended by any authorized changes, and that the foregoing is a true and correct statement of the amount for the Final Estimate, that the provisions of M. S. 290.92 have been complied with and that all claims against me by reason of the Contract have been paid or satisfactorily secured. CONTRACTOR: OMANN BROTHERS, INC. PO BOX 120 ALBERTVILLE, MN 55301 By: (Name) (Title) (Date) CONTRACTOR'S SURETY APPROVAL: By: Name Title Date CHECKED AND APPROVED AS TO QUANTITIES AND AMOUNT: ENGINEER: BOLTON & MENK, INC., ENGINEERS & SURVEYORS 7533 SUNWOOD DR. NW, SUITE 206, RAMSEY, MN 55303 By: CITY ENGINEER ADAM NAFSTAD, P.E. (Date) APPROVED FOR PAYMENT: OWNER: CITY OF ALBERTVILLE, MN By: (Name) (Title) (Date) By: Name Title Date 26 Partial Pay Estimate No.: 2 & Final 2011 STREET IMPROVEMENTS CITY OF ALBERTVILLE, MINNESOTA BMI PROJECT NO.: R13:103381 WORK COMPLETED THROUGH DECEMBER 2, 2011 AS BID PREVIOUS ESTIMATE COMPLETED T4 DATE ITEM UNIT E5TIIIAATED s ESTIMATED PAID PAli3 USED NO. ITEM PRICE QUANTITY AMOUNT QUANTITY AMOUNT QUANi1TY AMOUNT '. BASE BID (Lannon Ave, Lasalle Cir, Larabee Cir) 1 MOBILIZATION $9,400.00 1 LS $9,400.00 0.8 LS $7,520.00 1.0 LS $9,400.00 2 BITUMINOUS PAVEMENT RECLAMATION (12" DEPTH)(3) $1.25 8,700 SY $10,875.00 8700 SY $10,875.00 8700 SY $10,875.00 3 SUBGRADE EXCAVATION (EV)(4)(5) $2.00 nd & FINAI CY #VALUE! 0 CY $0.00 0 CY $0.00 4 BITUMINOUS WEAR COURSE $56.45 790 TON $44,595.50 0 TON $0.00 1007 TON $56,845.15 5 BITUMINOUS BASE COURSE $50.25 1,320 TON $66,330.00 1121 TON $56,330.25 1121 TON $56,330.25 6 BITUMINOUS MATERIAL FOR TACK COAT $2.50 470 GAL $1,175.00 40 GAL $100.00 490 GAL $1,225.00 7 REMOVE CONCRETE CURB AND GUTTER (1)(5) $3.00 460 LF $1,380.00 578.5 LF $1,735.50 578.5 LF $1,735.50 8 CONCRETE CURB AND GUTTER - D418 (5)(7) $21.00 460 LF $9,660.00 578.5 LF $12,148.50 578.5 LF $12,148.50 9 ADJUST CASTING (6) $250.00 6 EA $1,500.00 0 EA $0.00 7 EA $1,750.00 10 ADJUST VALVE BOX (6) $100.00 4 EA $400.00 0 EA $0.00 4 EA $400.00 11 REHABILITATE STORM SEWER STRUCTURE (5)(8) $250.00 9 EA $2,250.00 6 EA $1,500.00 6 EA $1,500.00 12 REMOVE AND REPLACE 6" CONC DWY PAVEMENT (5) $14.00 50 SF $700.00 54 SF $756.00 54 SF $756.00 SUBTOTAL - BASE BID #VALUE! $90,965.25 $152,965.40 BID ADD ALTERNATE "A" (60th Street) 13 MOBILIZATION $1,800.00 1 LS $1,800.00 0 LS $0.00 1.0 LS $1,800.00 14 BITUMINOUS PAVEMENT RECLAMATION (12" DEPTH)(3) $1.25 2,000 SY $2,500.00 0 SY $0.00 2000 SY $2,500.00 15 SUBGRADE EXCAVATION (EV)(4)(5) $10.00 130 CY $1,300.00 0 CY $0.00 48 CY $480.00 16 BITUMINOUS WEAR COURSE $56.45 175 TON $9,878.75 0 TON $0.00 205.8 TON $11,617.41 17 BITUMINOUS BASE COURSE $50.25 295 TON $14,823.75 0 TON $0.00 265.01 TON $13,316.75 18 BITUMINOUS MATERIAL FOR TACK COAT $2.50 100 GAL $250.00 0 GAL $0.00 85.0 GAL $212.50 19 ADJUST CASTING (6) $250.00 2 EA $500.00 0 EA $0.00 2.0 EA $500.00 20 ADJUST VALVE BOX (6) $100.00 1 EA $100.00 0 EA $0.00 1.0 EA $100.00 SUBTOTAL - BID ADD ALTERNATE "A" $31,152.50 $0.00 $30,526.66 ADDITIONAL WORK 1 Supply Storm Sewer Casting $370.00 2 EA $740.00 2 EA $740.00 2 EA $740.00 2 Remove & Dispose Concrete Collars $100.00 6 EA $600.00 6 EA $600.00 6 EA $600.00 3 Bituminous Patching (R&R Street, Dwy & Trail) $23.15 143 SY $3,310.45 143 SY $3,310.45 4 Misc Structure Adjust $175.00 9 EA $1,575.00 9 EA $1,575.00 SUBTOTAL - ADDITIONAL WORK $6,225.45 $1,340.00 $6,225.45 TOTALS #VALUE! $92,305.25 1 $189,717.51 hJ Nbertville Mayor and Council Communication S-11 T... UWng. Big City Ut.. January 9, 2012 SUBJECT: CONSENT AGENDA — ADMINISTRATION - GEEZ SPORTS BAR ONE -DAY LIQUOR LICENSES RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following: Motion approve three (3) One -Day 3.2% Malt Liquor License applications submitted by Geez Sports Bar & Grill for a Broomball Event that will be held at Central -City Park. The specified dates and times of operation are: Friday, January 27, 2012 running from 6:00 p.m. to 11:00 p.m.; Saturday, January 28, 2012 running from 9:00 a.m. to 11:00 p.m.; and, Sunday, January 29, 2012 running from 10:00 a.m. to 5:00 p.m. BACKGROUND: This is the fourth (4`h) year that Geez Sports Bar and Grill has submitted applications for One -Day 3.2% Malt Liquor License applications. When such applications are submitted to the City Clerk, staff prepares a recommendation to the Mayor and City Council for review and approval at a regular meeting. At such time the Council may ask questions regarding the liquor license applications that are submitted to the City Clerk. As noted in the Key Issues below, it is at the Council's discretion to allow the Central -City Park to remain open beyond the City Code, which is 10:00 p.m. with the additional consideration that Alcohol will be sold, served, and consumed after 10:00 p.m. KEY ISSUES: • Geez Sports Bar and Grill has submitted the application for One -day 3.2% Malt Liquor Licenses over the last number of years for a Broomball event. • These are the first applications that Geez has submitted for 2012 calendar year for One - Day 3.2% Malt Liquor License. • Council has the option to deny any One -Day 3.2% Malt Liquor License applications that have been submitted. • Central -City Park generally closes at 10:00 p.m. every day with the exception of the annual Friendly City Days event. The application submitted is requesting Central -City Park to remain open until 11:00 p.m. on Friday, January 27, and Saturday, January 28. FINANCIAL CONSIDERATIONS: There is minimal financial revenue collected from the applicant for liquor licensing. LEGAL CONSIDERATIONS: The Mayor and City Council have the authority to review and direct staff to take action regarding all liquor licenses and gambling permit applications received by the City of Albertville. Submitted through: Larry Kruse, City Administrator Department/Responsible Person: Administration/Bridget Miller, Admin. Assist. Clerk II/Acctg. Attachments: Geez Sports Bar One -Day 3.2% Malt Liquor License applications M:\Public Data\Requests for Council Actions (RCA)\2012\01 17 2012 Clerk (Geez 3 1-day Liq Lic Broomball) RCA.doc Meeting Date January 17, 2012 A�Ibcrtvillcif APPLICATION FOR ONE -DAY 3.2% MALT LIQUOR LICENSE The undersigned certifies that it complies with Minnesota State Statutes, Section 340.001, Subdivision 7, in that it qualifies as a "Bona Fide Club " within that section, and that this application makes petition for a limited license as a "Bona Fide Club " for a limited, non -intoxicating malt liquor license. A license fee of $10.00 per day is required to accompany this application. 5959 Main Avenue NE P.O. Box 9 Albertville, MN 55301 1. Name of Applicant (organization): 2. Name and Address o' f President and Secretary of Applicant: ✓ 3. Purpose for which funds derived will be used: Sy� w �� I o c T7. b v M 6G- \ \ :!E� " Y✓\ 4. Date(s) of activity: T ­, 2-7 _ 2— 5. Premises from which 3.2% malt liquor will be dispensed on said date: 4 I L. 1-1.1, I \n L I n,9 �I ., I'I P i - 1-c, �.It) C (CIA 6. Hours of operation: 7. Number of previous license obtained this calendar year: 8. Name, address, telephone number and position held with Club of person signing this application: 7,a /,- l `E- -3 7 - S o� l 2 Applicant's Signat Date v .110 MAPublic Data\City Clerk\Liquor License\Application Forms\3.2 One -Day Liquor License.doc 29 A,lbertvill£ Mayor and Council Communication Small Town Uving. Big City Ufs. January 5, 2012 SUBJECT: Consent (FINANCE) — ALBERTVILLE LIONS DONATION TO THE ALBERTVILLE CITY OFFICES RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion to approve Resolution No. 2012-002 entitled a Resolution Acknowledging a $5,000 donation from the Albertville Lions for the Albertville City Offices for general purposes of upkeep. BACKGROUND: The City regularly accepts donations from individuals, businesses and organizations for review and approval by the City Council. KEY ISSUES: • None POLICY CONSIDERATIONS: The Mayor and City Council acknowledge and accept donations. FINANCIAL CONSIDERATIONS: There is no budget impact on the city. LEGAL CONSIDERATIONS: The Mayor and City Council are required by Minnesota State Statute to acknowledge and accept all donations by Resolution. Submitted through: Larry R. Kruse, City Administrator Department/Responsible Person: Finance/Tina Lannes, Finance Director Attachments: Resolution No. 2012-002 M:\Public Data\Requests for Council Actions (RCA)\2012\01 17 2012 Consent (Finance) AN Lions Donation to City.doc Meeting Date January 17, 2012 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2012-002 A RESOLUTION ACKNOWLEDGING A DONATION FROM THE ALBERTVILLE LIONS WHEREAS, the City of Albertville is generally authorized to accept contributions of real and personal property pursuant to Minnesota Statutes Sections 412.21 and 465.03 for the benefit of its citizens and is specifically authorized to accept gifts and bequests for the benefit of recreational service pursuant to Minnesota Statues Section 471.17; and WHEREAS, the City of Albertville has received a donation in the amount of $5,000_ from the Albertville Lions for City Hall; and WHEREAS, the City Council would like to thank the Albertville Lions and commend them for their support. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Albertville, Minnesota, that the donation be accepted and acknowledged with gratitude. And be it further resolved that said funds shall be deposited to the general fund, and used for the designated purposes. Adopted this 17nd day of January, 2012 by the City Council of the City of Albertville. Mark Meehan, Mayor Larry Kruse, City Administrator 31 A�1bcrti115Small Town living.Big City U 5959 Main Avenue NE, Albertville, MN 55301 (763) 497-3384 Date: January 11, 2012 To: City Administrator/City Council From: Timothy Guimont Re: Monthly Report In general things have been going very well in the Public Works and Parks Department. With the lack of snow, it has given us the opportunity to get caught up on repairing equipment and some spring projects around town. There is never a lack of work that needs to be done. PUBLIC WORKS EMPLOYEES AS RESERVE FIRE TRUCK RESPONDERS: We have spent a significant amount of time getting trained to operate the Fire trucks. There is a lot to learn and a lot of responsibility. It has been a good experience for the five of us that are getting trained. We have now been issued our pagers and will respond to most non- medical calls that come in during the day. PARKS Outdoor Ice: The weather has not been cooperating but we met our goal of opening the ice rinks by Christmas break. We continue to flood the rinks nights and early mornings to maintain ice in the warmer weather. The rinks have been used greatly. Shady Oak Park Deadfall: We have been in Shady Oak Park removing dead trees, down falls and brush. We will be moving to Winter Park next. Tree trimming: We have been doing some of our spring work like trimming trees and shrubs ant City hall also trimming trees in the boulevards in Towne Lakes. We will move on to the medians if weather permits. MAINTENANCE Equipment Repair: We have been working on our never ending list of equipment maintenance that we do this time of year. We are also working on developing new pieces of equipment and improving our existing equipment. 32 City of Albertville Public Works and Parks Report, January 17, 2012 Meeting Page 2 of 2 SAFETY AND OSHA COMPLIANCE We have attended a number of Safety -Train seminars to get in compliance with OHSA requirements. OTHER Christmas tree Pick-up: With the help of Wright County's brush chipper and operator we picked up all the Christmas trees in town. I-94 Storm water Pond Tree Removal: We may start clearing the woods south of the waste water treatment plant for the I-94 holding pond project. MAPublic Data\PW Maintenance\Public Works Reports\2012\01 17 2012 Public Works Report.doc 33 A\Ibertville Small Town living. Big City life. TO: Mayor and City Council FROM: John Middendorf DATE: January 19 , 2012 RE: Wastewater Treatment Plant and Water Department Update WATER • There was a water service line leak at 11720 54t' Street. The leak was on both sides of the shut off and it was in the driveway. WASTEWATER • The effluent sampler quit working. It was more feasible to replace the sampler than to repair the old one. However, I was able to reuse the refrigerator portion of the sampler. REED BED UPDATE • We have been struggling to harvest the reeds (cut them down and burn them) this winter. Because of the warm weather the sludge has not been frizzing. COUNTY DITCH 9 CLEANING • We have been clearing trees and brush from county ditch 9. We started west of Kagen Ave. and are working west and south towards St. Michael. I have photos available and can show them at the meeting. MAPublic Data\Utility\1-19-2012Utilities Dept Report.doc 34 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com MEMORANDUM TO: Larry Kruse FROM: Alan Brixius DATE: January 5, 2012 RE: Albertville — Central Park Master Plan FILE NO: 802 Albertville's Central Park is a focal point of the community, providing recreational and civic events, facilities, and programming for the community residents. Recently, questions arose regarding future planning for Central Park related to future uses, site planning, improvements and investments. These questions include: Ice Arena Expansion. The City has been investigating the expansion of the Albertville Ice Arena for the past year. This has included a variety of building and site layouts. To accommodate the Ice Arena expansion, the City has considered the acquisition of the Sorenson property to allow the arena and parking to extend north. Currently, the City is investigating the option to fill and mitigate wetlands to the south to accommodate expansion to the south. Both building expansions will impact the western edge of Central Park and the playfield in this area in order to provide for the building expansion, parking and circulation around the building. The focus of these studies has been directed at achieving the Ice Arena expansion with little attention given to the impact on the Central Park facilities or how Central Park may aide in the facilitating of the Ice Arena expansion through the provisions of land area, access to the rear of the building, or shared parking. 2. Friendly City Days. Each year this event brings the community together and attracts people from beyond the community boundaries. The park, in its current configuration, has a finite area to manage this growing event. Albertville civic organizations have inquired about building a band shell, storage, and other buildings that would contribute to the Friendly City Days events. Without a plan to direct these improvements, the placement of structures and equipment may result in an ineffective park design. 35 Considering the long range needs for parks, Friendly City Days, and the City's growing sports leagues, we are proposing to undertake park master planning efforts that define the future layout of Central Park, capturing the following community objectives: Evaluate the park in conjunction with the surrounding properties to examine opportunities for improved function, shared parking, compatible land use relationships, and improved facility design. 2. Maintain Central Park as the site for Friendly City Days. Examine current and future needs of this event; define the event areas, structures and improvements that improve on existing conditions; guide investment and improvements that result in more effective operations. This plan and future improvements would also take into account civic events beyond Friendly City Days, such as a farmers market or league tournaments to insure that park improvements are versatile for all activities. 3. Facilitate the Ice Arena expansion. Examine land area needs, parking, and access that may mutually benefit the Ice Arena and the park. 4. Examine the individual park uses and identify alternative park layouts, re -use, and improved design. 5. Improve circulation into and through the park through a trail system. The trail system would provide access from Lachman Avenue, 57th Street, and Main Avenue. This trail system may also assist in shared parking between the park and the Ice Arena. WORK PROGRAM PROPOSAL While this proposal establishes some broad goals to be investigated, the following work program outlines steps to create a Central Park Master Plan that will serve both the City's current and long range needs. Start Up Meeting Meeting with City staff, Public Works, and the City Engineer to gather all information on the park facilities, Ice Arena design, and park boundaries. Identify historical issues of use, maintenance, and operation. Identify park user groups to be interviewed and asked to participate in the Central Park master planning. Interviews NAC would meet with the following organizations to discuss the current and future uses of Central Park. The meeting and interviews will focus on the specific needs of each organization. Albertville Parks Committee FYCC — Recreation Program and Facility Schedule 2 C Friendly City Days Chair Albertville Baseball and Softball Leagues STMA Hockey Association Interview questions will discuss physical design elements of the park as well as future program demands that the organization anticipates (i.e., community growth, event/program growth, age characteristics, expanded events, etc.). Central Park Planning and Design Workshop NAC will conduct a Central Park planning workshop. The following people, committees and organizations will be asked to participate in the workshops: • City Council • Park Committee • Public Works/Park Director • City Engineer • Friendly City Days Committee • FYCC • Albertville Baseball/Softball Association Representatives • Albertville Hockey Association Representatives At the workshop, NAC will present the inventory, issues and opportunities from the interviews of each group. Then the large group will be divided into small working groups with a park base map and templates for ballfields, hockey arena expansion, outdoor hockey rink, facility requirements for Friendly City Days, and the farmers market. Each small group will be asked to evaluate the existing park uses and identify goals for Central Park related to long term uses, park amenities, and park layout. Each small group will be asked to outline their park goals and design. Each small group will be asked to present their recommendations to the larger group. Through the large group presentations and discussions, the ideas for the long range Central Park Master Plan will be gathered and prioritized. NAC will utilize these small group concepts and large group priorities to develop a Conceptual Master Plan. Master Plan Concept Following the workshop, NAC will prepare up to two Conceptual Master Plans for Central Park, graphically showing the park layout that incorporates the directives identified in the workshop meeting. Working with the City Engineer, we will attempt to identify improvement costs to be considered with the park design. Second Workshop The Conceptual Master Plans will be presented at a second workshop meeting to allow the group to review, comment, edit and modify the concept to produce a final document. 37 Final Park Master Plan The final graphic of the Central Park plan will be prepared and presented for public review. The plan will be presented at public hearing through the Planning Commission and presented to City Council for final adoption. The final plan will be accompanied by an improvement phasing plan. BUDGET The following budget was prepared based on the work program outlined above: Start Up Meeting $300.00 Interviews or Meetings with Organizations, $1,500.00 Issues and Opportunity Summary First Design Workshop $800.00 Conceptual Plan Development (two concepts) $1,000.00 Second Design Workshop $600.00 Central Park Master Plan $800.00 TOTAL $5,500.00 PERSONNEL NAC will assign the following staff to the Central Park Master Plan. Alan Brixius, Principal, AICP will be the project manager, attend meetings, participate in interviews, and be the workshop facilitator. Dan Sjordal, Landscape Architect, will attend the meeting and interviews, facilitate the workshops and prepare the graphic of the Central Park Master Plans. 0 EXPERIENCE 1999-Present 1980-1998 1979-1980 AREAS OF SPECIALTY Comprehensive Planning Assist local and regional governments in the preparation and implementation of comprehensive plans. Involved with the formulation of plans addressing community land use, transportation, natural resources and housing, development management, policy planning, land use and environmental regulations and implementation. Representative Projects: New Hope, MN; Lakeville, MN; Marine on St. Croix, MN; Lino Lakes, MN; Scott County, MN; Sylvan Township, MN; Shakopee, MN Zoning Administration Technical assistance to municipalities in both the formulation and implementation of zoning and subdivision regulations for cities. Representative Projects: Delano, MN; Lakeville, MN; New Hope, MN; Marine on St. Croix, MN; Albertville, MN; Spring Park, MN Annexation The preparation of background studies, analysis, and expert testimony on annexation and incorporation matters. Representative Projects: Delano, MN; Wilson Twp. MN Redevelopment Planning Administrative and technical assistance to local governments, such as the on redevelopment and economic development efforts including specialized background in land use market feasibility and tax increment financing. Representative Projects: Delano, MN; New Hope, MN; Spring Park, MN; Loretto, MN. Principal, Northwest Associated Consultants, Inc. Consulting City Planner: Albertville, MN; Burnsville, MN; Delano, MN; New Hope, MN; Spring Park, MN; Sunfish Lake, MN Planner/Research Analyst and Vice President, Northwest Associated Consultants, Inc. Community Planner, Midwest Planning and Research, Inc. Site and Project Planning Planning and design of commercial, industrial and residential development with regard to site function, land use compatibility and coordination's with support services and utilities for clients. Representative Projects: Delano, MN; Lino Lakes, MN; Lakeville, MN; New Hope, MN. Park and Trail Planning Planning and design of park and trail facilities which vary from small, informal or neighborhood developments to large, intensive and community -wide projects. Considerations are based upon short-term, interim and long-term needs, available vehicular/pedestrian access, land use compatibility, facility cost, ease of implementation and maintenance, among other things. Representative Projects: Park Plans for the Cities of Lakeville, MN; Delano, MN; Blaine, MN; Sherburne County, MN. Development I Market Research Assist local government in the preparation and implementation of economic development planning efforts including retail and industrial site location studies, planning and design of commercial sites and industrial parks. Marketing of community industrial parks, preparation of financial incentive packages for perspective industries, market feasibility studies for commercial development projects. Industrial growth assessments for evaluating impact of industrial land uses on local municipality tax base. Representative Projects: New Hope, MN; Robbinsdale, MN; Lakeville, MN, Windom, MN. 39 EXPERIENCE 2008 to Present 1998-2008 1995-1998 1988-1995 1986-1988 AREAS OF SPECIALTY Site Planning Master planning and design of large and small residential and mixed use private developments; integrating open spaces, buildings, parking, planting design, and vehicular, pedestrian circulation systems. Representative Projects: Heights of Chaska, Chaska, MN Cobblestone Lake, Apple Valley, MN Bluffs at Marystown, Shakopee, MN Crow River Bluffs, Dayton, MN Spirit of Brandtjen Farms, Lakeville, MN Forest Lake Farm, Forest Lake, MN Evermoore, Rosemount, MN Park Planning and Design Master planning and site design for recreational active and passive uses including land and natural feature analysis, open space protection and restoration, and trail planning and design. Representative Projects: Heights of Chaska, Chaska, MN Cobblestone Lake, Apple Valley, MN Minnehaha Creek Trail Plan, Minneapolis, MN Country Club of Iowa, Des Moines, IA The Cove, St. Cloud, MN Club West, Blaine, MN Convent of the Visitation Soccer Field, Mendota Heights, MN NAC, President, OutWorks, Minneapolis, MN Landscape Architect / Planner Landscape Architect/Planner Westwood Professional Services, MN Landscape Architect/Planner Northwest Associated Consultants, Inc., MN Landscape Architect/Designer Damon Farber Associates, MN Landscape Architect in Training/Planner Pioneer Engineering, MN Urban Design Amenity design and space enhancement to establish and strengthen the character or identity of places. Includes streetscape design, plaza design, and site landscape plans. Representative Projects: Cobblestone Lake, Apple Valley, MN Waterstone, Woodbury, MN Spirit of Brandtjen Farms, Lakeville, MN Winnetka Streetscape, Golden Valley, MN Canal Park Drive, Duluth, MN Nicollet Plaza, Burnsville, MN U of M Mariucci Arena, Minneapolis, MN U of M Recreational Sports Center, Minneapolis, MN Wayzata Streetscape, Wayzata, MN The Cove, St, Cloud, MN Highway 12 — Bridge Street, Delano, MN Visualization Hand renderings and computer graphics that assist in the sale, understanding, or visualizing a proposed design, space or product. Representative Projects: The Preserve, Plymouth, MN Evermoore, Rosemount, MN Legends Gold Club, Credit River Township Refuge of Lake Havasu, Lake Havasu, AZ M 41 bertvill A,1e Mayor and Council Communication Smolt T... Uving. Big City UN. January 12, 2012 SUBJECT: Engineering — MNDOT Delegated Contracting Process Agreement RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion: Approve Resolution No. 2012-XX, entitled, A RESOLUTION APPROVING MNDOT CONTRACT NO.99563 FOR THE CONSTRUCTION OF THE WESTBOUND TRUNK HIGHWAY NO.94 COLLECTOR -DISTRIBUTOR IMPROVEMENTS INFORMATION: This agreement between the City and MNDOT assigns responsibilities regarding the construction, maintenance and funding for the I-94 Westbound Collector — Distributor Road. In general, administration and oversight of the construction will be the responsibility of the City. Project funding includes $5,737,688.80 participation on behalf of the State, with the remainder of the project costs to be secured by the City. KEY ISSUES: • This agreement is required for Albertville to receive MnDOT's participation. • This agreement identifies the responsibilities of each party. • 50% of the State's participation will be paid to the City at the time of Award of the construction contract, and the remaining 50% will be paid once construction if 50% complete. • Execution of this agreement does not obligate the City to award a bid to construct this proj ect. POLICY CONSIDERATIONS: It is the City's Policy for the Mayor and City Council to approve all agreements and contract entered into on behalf of the City. FINANCIAL CONSIDERATIONS: This agreement allows the City to receive $5,737,688.80 from the State for construction of the I94 WB CD road. If the City awards a contract for construction, costs above and beyond this amount will be the responsibility of the City or need to be secured by the City. To fund the City share of the project, local levy, special assessments, and a PFA loan will be utilized. LEGAL CONSIDERATIONS: The Mayor and Council possess the authority to approve or reject agreements on the behalf of the City. Submitted Through: Larry R. Kruse, City Administrator Department/Responsible Person: Engineering/Adam Nafstad, City Engineer Attachments: Agreement & Resolution Agenda Item No. Meeting Date: January 17, 2012 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2012-003 A RESOLUTION APPROVING MNDOT CONTRACT NO.99563 FOR THE CONSTRUCTION OF THE WESTBOUND TRUNK HIGHWAY NO.94 COLLECTOR -DISTRIBUTOR IMPROVEMENTS BE IT RESOLVED, that the City of Albertville enter into Mn/DOT Agreement No. 99563 with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the State to the City of the State's share of the costs of the roadway, drainage signal, lighting, and retaining wall construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 94 from Wright County State Aid Highway No. 19 to 3,200 feet east of Wright County State Aid Highway No. 37 within the corporate City limits under State Projects No. 242-010-003 and No. 8680-145 (T.H. 94=392). BE IT FURTHER RESOLVED, the Mayor and the Clerk are hereby authorized to execute the Agreement and any amendments to the Agreement. Approved by the City Council of the City Albertville on this 17t` day of January, 2012 Mark Meehan, Mayor Larry Kruse, City Administrator �4 ;_14 Mn/DOT Contract No 99563 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And CITY OF ALBERTVILLE And WRIGHT COUNTY COOPERATIVE CONSTRUCTION State Project Number (SP): Trunk Highway Number (TH): State Project Number (SP): Federal Project Number: Signal System ID's AGREEMENT 8680-145 94=392 242-010-003 39227,38165 Original Amount Encumbered $5,737,688.80 This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and City of Albertville acting through its City Council ("City"). Recitals 1. The City will perform grading, concrete and bituminous paving, drainage, signals, lighting, and retaining wall construction and other associated construction upon, along and adjacent to Trunk Highway No. 94 from Wright County State Aid Highway No. 19 to 3,200 feet east of Wright County State Aid Highway No. 37 according to City -prepared plans, specifications and special provisions designated by the State as State Projects No. 242-010-003 and No. 8680-145 (T.H. 94=392)("Project"); and 2. The City has applied for funding through the Transportation Economic Development ("TED") Pilot Program using State Trunk Highway Bond funds for the State's share of the Project's construction costs based on MnDOT's Cost Participation Policy. The maximum amount of bond funds to be made available for the State's share of the Project's construction costs will be capped at $5,440,000.00. State Road Construction funds will be used to cover the State costs associated with the Trunk Highway No. 94 westbound exit to County State Aid Highway No. 37 construction; and 3. The City requests the State participate in the costs of the grading, concrete and bituminous paving, drainage, signals, lighting, and retaining wall construction and the State is willing to participate in the costs of said construction and associated construction engineering; and 4. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. 5. The City and County will have a separate agreement which addresses funding between the City and County. Agreement 1. Term of Agreement; Survival of Terms; Plans; Incorporation of Exhibits 1.1. Effective date. This Agreement will be effective on the date the State obtains all signatures required by Minnesota Statutes § 16C.05, subdivision 2. 1.2. Expiration date. This Agreement will expire when all obligations have been satisfactorily fulfilled. 1.3. Survival of terms. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including, without limitation, the following clauses: 2.4. State Ownership of Improvements; 5. Maintenance by the City; 11. Liability; Worker Compensation Claims; Insurance; 13. State Audits; 14. Government Data -1- 43 Mn/DOT Contract No: 99563 Practices; 15. Governing Law; Jurisdiction; Venue; and 17. Force Majeure. The terms and conditions set forth in Article 6. Signal System(s) and EVP System(s) Operation and Maintenance will survive the expiration of this Agreement, but may be terminated by another Agreement between the parties. 1.4. Plans, Specifications, Special Provisions. State -approved City plans, specifications and special provisions designated by the State as State Projects No. 242-010-003 and No. 8680-145 (T.H. 94=392) are on file in the office of the City's Engineer and incorporated into this Agreement by reference. ("Project Plans") 1.5. Exhibits. Preliminary Schedule "I" is attached and incorporated into this Agreement. 2. Right -of -Way Use 2.1. Limited Right to Occupy. The State grants to the City (and its contractors and consultants) the right to occupy trunk highway right-of-way as necessary to perform the work described in the Project Plans. This right is limited to the purpose of constructing the project, and administering such construction, and may be revoked by the State at any time, with or without cause. Cause for revoking this right of occupancy includes, but is not limited to, breaching the terms of this or any other agreement (relevant to this project) with the State, failing to provide adequate traffic control or other safety measures, failing to perform the construction properly and in a timely manner, and failing to observe applicable environmental laws or terms of applicable permits. The State will have no liability to the City (or its contractors or consultants) for revoking this right of occupancy. 2.2. State Access; Suspension of Work, Remedial Measures. The State's District Engineer or assigned representative retains the right to enter and inspect the trunk highway right-of-way (including the construction being performed on such right-of-way) at any time and without notice to the City or its contractor. If the State determines (in its sole discretion) that the construction is not being performed in a proper or timely manner, or that environmental laws (or the terms of permits) are not being complied with, or that traffic control or other necessary safety measures are not being properly implemented, then the State may direct the City (and its contractor) to take such remedial measures as the State deems necessary. The State may require the City (and its contractors and consultants) to suspend their operations until suitable remedial action plans are approved and implemented. The State will have no liability to the City (or its contractors or consultants) for exercising its rights under this provision. 2.3. Traffic Control; Worker Safety. While the City (and its contractors and consultants) are occupying the State right-of-way, they must comply with the approved traffic control plan, and with applicable provisions of the Work Zone Field Handbook (http://www.dot.state.mn.us/trafficeng/workzone/index.html). All City, contractor, and consultant personnel occupying the State's right-of-way must be provided with required reflective clothing and hats. 2.4. State Ownership of Improvements. The State will retain ownership of its trunk highway right-of-way, including any improvements made to such right-of-way under this Agreement, unless otherwise noted. The warranties and guarantees made by the City's contractor with respect to such improvements (if any) will flow to the State. The City will assist the State, as necessary, to enforce such warranties and guarantees, and to obtain recovery from the City's consultants, and contractor (including its sureties) for non-performance of contract work, for design errors and omissions, and for defects in materials and workmanship. Upon request of the State, the City will undertake such actions as are reasonably necessary to transfer or assign contract rights to the State and to permit subrogation by the State with respect to claims against the City's consultants and contractors. 3. Contract Award and Construction 3.1. Bids andAward. The City will receive bids and award a construction contract to the lowest responsible bidder (or best value proposer), subject to concurrence by the State in that award, according to the Project Plans. The contract construction will be performed according to the Project Plans. -2- RE Mn/DOT Contract No: 99563 3.2. Bid Documents furnished by the City. The City will, within 7 days of opening bids for the construction contract, submit to the State's District Engineer a copy of the low bid and an abstract of all bids together with the City's request for concurrence by the State in the award of the construction contract. The City will not award the construction contract until the State advises the City in writing of its concurrence. 3.3. Rejection of Bids. The City may reject and the State may require the City to reject any or all bids for the construction contract. The party rejecting or requiring the rejection of bids must provide the other party written notice of that rejection or requirement for rejection no later than 30 days after opening bids. Upon the rejection of all bids, a party may request, in writing, that the bidding process be repeated. Upon the other party's written approval of such request, the City will repeat the bidding process in a reasonable period of time, without cost or expense to the State. 3.4. Contract Terms. The City's contract with its construction contractor(s) must include the following terms: A. A clause making the State of Minnesota, acting through its Commissioner of Transportation, an intended third -party beneficiary of the contract with respect to the portion of work performed on the State's right- of-way; and B. A clause requiring the State to be named as an additional insured on any insurance coverage which the contractor is required to provide; and C. A clause stating that any warranties provided by the contractor, for the work performed on the trunk highway, will flow to, and be enforceable by, the State as the owner of such improvements. 3.5. Direction, Supervision and Inspection of Construction A. The contract construction will be under the direction of the City and under the supervision of a registered professional engineer; however, the State participation construction covered under this Agreement will be open to inspection by the State District Engineer's authorized representatives. The City will give the District Engineer at Baxter five days notice of its intention to start the contract construction. B. Responsibility for the control of materials for the contract construction will be on the City and its contractor and will be carried out according to Specifications No. 1601 through and including No. 1609 in the State's current "Standard Specifications for Construction". 3.6. Oversight Engineering, State's Role, City Assumes Environmental Liability. The State will perform oversight engineering for the Project as required by the FHWA Stewardship Agreement. In performing its engineering oversight obligations under this contract, the State is acting only as a contractor to the City, performing services required by the FHWA and prescribed by the City. The City acknowledges that the State is acting as its "Contractor" as defined in Minnesota Statutes § 11513.03 (subd. 10), and as such is entitled to all applicable protections from liability for environmental conditions afforded by the Minnesota Environmental Response and Liability Act (Minnesota Statutes chapter 115B). The City acknowledges that the State is not acting as its employee, agent, servant, partner, joint venturer, or co -principal with respect to the construction of the project, or the ownership or operation of any contaminated properties. Notwithstanding the foregoing, this Agreement will not be construed to relieve the State of liability it may have, under applicable laws, with regard to the release or threatened release of pollutants, contaminants, and hazardous wastes existing in the trunk highway right-of-way and not caused by the City. The City will remain liable for the release or threatened release of pollutants, contaminants or hazardous waste on the trunk highway right-of-way, to the extent caused by the City. 3.7. Completion of Construction. The City will cause the contract construction to be started and completed according to the time schedule in the construction contract special provisions. The completion date for the contract construction may be extended, by an exchange of letters between the appropriate City official and the State District Engineer's authorized representative, for unavoidable delays encountered in the performance of the contract construction. -3- 45 Mn/DOT Contract No: 99563 3.8. Plan Changes. All changes in the Project Plans and all addenda, change orders and supplemental agreements entered into by the City and its contractor for contract construction must be approved in writing by the State District Engineer's authorized representative. 3.9. Compliance with Laws, Ordinances, Regulations. The City will comply and cause its contractor to comply with all Federal, State and Local laws, and all applicable ordinances and regulations. With respect only to that portion of work performed on the State's trunk highway right-of-way, the City will not require the contractor to follow local ordinances or to obtain local permits. 3.10. Construction Documents Furnished by the City. The City will keep records and accounts that enable it to provide the State, when requested, with the following: A. Copies of the City contractor's invoice(s) covering all contract construction. B. Copies of the endorsed and canceled City warrant(s) or check(s) paying for final contract construction, or computer documentation of the warrant(s) issued, certified by an appropriate City official that final construction contract payment has been made. C. Copies of all construction contract change orders and supplemental agreements. D. A certification form, provided by the State, signed by the City's Engineer in charge of the contract construction attesting to the following: i. Satisfactory performance and completion of all contract construction according to the Project Plans. ii. Acceptance and approval of all materials furnished for the contract construction relative to compliance of those materials to the State's current "Standard Specifications for Construction". iii. Full payment by the City to its contractor for all contract construction. E. Copies, certified by the City's Engineer, of material sampling reports and of material testing results for the materials furnished for the contract construction. F. A copy of the "as built" plan sent to the District Engineer. 4. Right -of -Way; Easements; Permits 4.1. The City will, without cost or expense to the State, obtain all rights -of -way, easements, construction permits and any other permits and sanctions that may be required in connection with the local and trunk highway portions of the contract construction. Before payment by the State, the City will furnish the State with certified copies of the documents for rights -of -way and easements, construction permits and other permits and sanctions required for State participation construction covered under this Agreement. 4.2. The City will convey to the State by quit claim deed, all newly acquired rights needed for the continuing operation and maintenance of the Trunk Highway, if any, upon completion of the Project, at no cost or expense to the State. 4.3. The City will comply with Minnesota Statutes § 216D.04, subdivision 1(a), for identification, notification, design meetings and depiction of utilities affected by the contract construction. 4.4. The City will submit to the State's Utility Engineer an original permit application for all utilities owned by the City of Albertville to be constructed upon and within the trunk highway right-of-way. Applications for permits will be made on State form "Application for Utility Permit on Trunk Highway Right Of Way" (Form TP2525). 5. Maintenance by the City Upon completion of the project, the City will provide the following without cost or expense to the State: 5.1. Storm Sewers and Ponds. Routine maintenance of storm sewer facilities located on County State Aid Highways No. 19 and No. 37 at intersections with Trunk Highway No. 94 C-D Road, and the ponds located -4- ., Mn/DOT Contract No: 99563 in the northwest corner of 62nd Street Northeast and Ostego Road (63rd Street Northeast). Routine maintenance includes, but is not limited to, removal of sediment, debris, vegetation and ice from structures, grates and pipes; repair of minor erosion problems; minor structure repair; and any other maintenance activities necessary to preserve the facilities and to prevent conditions such as flooding, erosion, sedimentation or accelerated deterioration of the facilities. 5.2. Municipal Utilities. Maintenance of any municipal -owned utilities construction, without cost or expense to the State. 5.3. Retaining Walls. Aesthetic maintenance of any retaining wall construction. Maintenance includes graffiti removal and other maintenance activities necessary to maintain an aesthetically acceptable condition. Maintenance does not include structural rehabilitation, reconstruction, patching or concrete surface repairs. 5.4. Additional Drainage. Neither party to this Agreement will drain any additional drainage into the storm sewer facilities constructed under the construction contract that was not included in the drainage for which the storm sewer facilities were designed, without first obtaining written permission to do so from the other party. The drainage areas served by the storm sewer facilities constructed under the construction contract are shown in a drainage area map, EXHIBIT 'Drainage Area", which is on file in the office of the Stat&s District Hydraulics Engineer at Baxter and is incorporated into this Agreement by reference. 5.5. Right of Way Access. Each party authorizes the other party to enter upon their respective public right of way to perform the maintenance activities described in this Agreement. The City will inform the District permits office prior to performing any maintenance. 6. Signal System(s) and EVP System(s) Operation and Maintenance All operation and maintenance terms, including timing and power provisions, in Traffic Control Signal Agreement No. 85199 dated June 20, 2003, for the existing traffic control signals on T.H. 94 at westbound off ramp and County State Aid Highway No. 37 (Signal System "B") will remain in full force and effect. AND Operation and maintenance responsibilities will be as follows for the Signal System and EVP System on the Trunk Highway No. 94 C-D Road westbound off ramp and Trunk Highway No. 94 westbound on ramp and County State Aid Highway No. 19 (Signal System "A"), and for the Interconnect on County State Aid Highway No. 19. 6.1. City Responsibilities A. Power. The City will be responsible for the hook-up cost and application to secure an adequate power supply to the service pad(s) or pole(s) and will pay all monthly electrical service expenses necessary to operate to operate the Signal System(s), EVP system(s) and Interconnect. B. Minor Signal System Maintenance. The City will provide for the following, without cost to the State. i. Maintain the luminaires and all its components, including replacing the luminaires when necessary. ii. Replace the Signal System(s) L.E.D. indications, battery backup, and relamp the street lights. iii. Clean the Signal System(s) controller cabinet and service cabinet exteriors. iv. Clean the Signal System(s) and luminaire mast arm extensions. v. Paint and maintain the County State Aid Highway No. 19 pedestrian crosswalk markings. 6.2. County Responsibilities A. Maintain the interconnect wire along County State Aid Highway No. 19 including utility locating. B. Signal coordination timing for all signals along County State Aid Highway No. 19. -5- 47 Mn/DOT Contract No: 99563 6.3. State Responsibilities A. Timing; Other Maintenance. The State will maintain the signing, and perform all other Signal System, APS, and street light maintenance without cost to the City. All independent Signal System timing will be determined by the State, and no changes will be made without the State's approval. Coordinated signal timing will be a cooperative effort between the County, the City and the State for the C-D/CSAH 19 ramp signal system. B. EVP System Operation. The EVP System will be installed, operated, maintained, and removed according to the following conditions and requirements: i. All maintenance of the EVP System must be done by State forces. ii. Emitter units may be installed only on authorized emergency vehicles, as defined in Minnesota Statutes § 169.01, subdivision 5. Authorized emergency vehicles may use emitter units only when responding to an emergency. The City will provide the State's District Engineer or their designated representative a list of all vehicles with emitter units, if requested by the State. iii. Malfunction of the EVP System must be reported to the State immediately. iv. In the event the EVP System or its components are, in the opinion of the State, being misused or the conditions set forth in Paragraph ii. above are violated, and such misuse or violation continues after the City receives written notice from the State, the State may remove the EVP System. Upon removal of the EVP System pursuant to this Paragraph, all of its parts and components become the property of the State. v. All timing of the EVP System will be determined by the State. 7. Basis of State Cost 7.1. SCHEDULE "F% The Preliminary SCHEDULE "I" includes all anticipated State participation construction items and the construction engineering cost share covered under this Agreement. 7.2. State Participation Construction. The State will participate in the following at the percentages indicated. The construction includes the State's proportionate share of item costs for mobilization, field office, and traffic control. A. 100 Percent will be the State's rate of cost participation in all of the Trunk Highway No. 94 westbound exit to County State Aid Highway No. 37 construction. The construction includes, but is not limited to, those construction items tabulated on Sheet No. 2 of the Preliminary SCHEDULE "I". B. $5,440,000.00 is the State's full and complete lump sum cost for the grading, concrete and bituminous paving, drainage, signals, lighting, and retaining wall construction for the project not including the Trunk Highway No. 94 westbound exit to County State Aid Highway No. 37 covered in Section 7.2 A. 7.3. State Furnished Materials. The State will furnish a cabinet and controller ("State Furnished Materials"), according to the Project Plans, to operate the traffic control signal system "A" covered under this Agreement. The City's lump sum share for State Furnished Materials is $31,500.00. The State's lump sum share for State Furnished Materials is $0.00. The City's cost share for State Furnished Materials will be deducted from the State's total lump sum construction cost share as shown in the SCHEDULE "I". 7.4. Construction Engineering Costs. The State will pay a construction engineering charge equal to 8 percent of the construction pertaining to the Trunk Highway No. 94 westbound exit ramp to County State Aid Highway No. 37 covered under Section 7.2 A. 8. State Cost and Payment by the State 8.1. State Cost. $5,737,688.80 is the State's estimated share of the costs of the contract construction (less State Furnished Materials cost) plus the 8 percent construction engineering cost share for 7.2A and a $30,000.00 In W. Mn/DOT Contract No: 99563 contingency amount as shown in the Preliminary SCHEDULE "I". The Preliminary SCHEDULE "I" was prepared using estimated quantities and unit prices, and may include any credits or lump sum costs. Upon review of the construction contract bid documents described in Article 3.2., the State will decide whether to concur in the City's award of the construction contract and, if so, prepare a Revised SCHEDULE "I" based on construction contract unit prices. The contingency amount is provided to cover increased State cost after preparing the Revised Schedule "I" with contract unit prices. 8.2. Conditions of Payment. The State will pay the City the State's total estimated construction cost share, which does not include the contingency amount, in 2 equal payments in accordance with the Payment Schedule in paragraph D below and as shown in the Revised SCHEDULE "I", after the following conditions have been met: A. Encumbrance by the State of the State's total estimated construction cost share and the contingency amount, as shown in the Revised SCHEDULE "I". B. Approval by the State's Land Management Director at St. Paul of certified documentation, submitted by the City, for all right-of-way and easement acquisitions required for the contract construction. C. Execution of this Agreement and transmittal to the City, including a letter advising of the State's concurrence in the award of the construction contract. D. The State's receipt of a written request from the City for the advancement of funds in accordance with the following payment schedule. The I't payment request must include certification by the City that all necessary parties have executed the construction contract. The 2nd payment request must include certification by the City that the Contractor has been paid for at least 50 percent of the construction contract amount. Payment Schedule 1st Payment = 50 Percent of State's estimated construction costs as shown in the Revised SCHEDULE "I" upon award of the construction contract. 2nd Payment = Remaining 50 Percent of anticipated State costs upon completion of 50 Percent of the contract construction. 8.3. Limitations of State Payment; No State Payment to Contractor The State's participation in the contract construction is limited to those items described in Article 7 or the construction contract amount, whichever is less, and the State's participation will not change except by a mutually agreed written amendment to this Agreement. The State's payment obligation extends only to the City. The City's contractor is not intended to be and will not be deemed to be a third party beneficiary of this Agreement. The City's contractor will have no right to receive payment from the State. The State will have no responsibility for claims asserted against the City by the City's contractor. 9. Authorized Representatives Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice or demand required or permitted by this Agreement. 9.1. The State's Authorized Representative will be: Name/Title: Maryanne Kelly-Sonnek, Municipal Agreements Engineer (or successor) Address: 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155 Telephone: (651) 366-4634 Fax: (651) 366-4769 E-Mail: maryanne.kellysonnek@state.mn.us -7- Mn/DOT Contract No: 99563 9.2. The City's Authorized Representative will be: Name/Title: Adam Nafstad, City Engineer, Bolton & Menk Inc (or successor) Address: 7533 Sunwood Drive N.W., Ramsey, MN 55303 Telephone: (763) 433-2851 E-Mail: Adamna@bolton-menk.com 9.3. The County's Authorized Representative will be: Name/Title: Wayne Fingalson, Wright County Engineer. (or successor) Address: 1901 Highway 25 North, Buffalo, MN 55313 Telephone: (763) 682-7388 E-Mail: wayne.fingalson@co.wright.mn.us 10. Assignment; Amendments; Waiver; Contract Complete 10.1. Assignment. Neither party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other party and a written assignment agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 10.2. Amendments. Any amendment to this Agreement 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 Agreement, or their successors in office. 10.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision or the party's right to subsequently enforce it. 10.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State and the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 11. Liability; Worker Compensation Claims; Insurance 11.1. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes § 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City. Notwithstanding the foregoing, the City will indemnify, hold harmless, and defend (to the extent permitted by the Minnesota Attorney General) the State against any claims, causes of actions, damages, costs (including reasonable attorneys fees), and expenses in connection with the project covered by this Agreement and arising from the negligent acts or negligent omissions of the City, its consultants or its contractors, regardless of whether such claims are asserted by the City's contractor(s) or consultant(s) or by a third party. 11.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. 11.3. The City may require its contractor to carry insurance to cover claims for damages asserted against the City's contractor. 12. Nondiscrimination Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. 13. State Audits Under Minnesota Statutes § 16C.05, subdivision 5, the City's books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. -8- 50 Mn/DOT Contract No: 99563 14. Government Data Practices The City and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by the State under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the City under this Agreement. The civil remedies of Minnesota Statutes § 13.08 apply to the release of the data referred to in this clause by either the City or the State. 15. Governing Law; Jurisdiction; Venue Minnesota law governs the validity, interpretation and enforcement of this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 16. Termination; Suspension 16.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties or by the State for insufficient funding as described below. 16.2. Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the City. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the City will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if this Agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. 16.3. Suspension. In the event of a total or partial government shutdown, the State may suspend this Agreement and all work, activities, performance and payments authorized through this Agreement. Any work performed during a period of suspension will be considered unauthorized work and will be undertaken at the risk of non-payment. 17. Force Majeure Neither party will be responsible to the other for a failure to perform under this Agreement (or a delay in performance), if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God, labor disputes, acts of war or terrorism, or public health emergencies. [The remainder of this page has been intentionally left blank] 0 51 Mn/DOT Contract No: 99563 STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minnesota Statutes § 16A.15 and 16C.05. Signed: Date: SWIFT Encumbrance No. CITY OF ALBERTVILLE The undersigned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions or ordinances. By: Title: Date: By: Title: Date: -10- DEPARTMENT OF TRANSPORTATION Recommended for Approval: By: (District Engineer) Date: Approved: By: (State Design Engineer) Date: COMMISSIONER OF ADMINISTRATION (With delegated authority) Date: P Mn/DOT Contract No: 99563 WRIGHT COUNTY The undersigned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions or ordinances. By: Title: Date: By: Title: Date: INCLUDE COPY OF RESOULUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. -11- 53 s o N U z I I ' j Eoq A,�-.. _ a I s� , K N i ECK W Ho W .^ 0A 'II r 00 Y � Q 73 `� ^a a� as v� I Y o O � ' U � � o � t! Niz irk x a Ct Ell s� o 0 0 UA N ot" 00 o u 0., w y 'II v� v� 4w cn C7 U p 54 (1) 100% STATE 99563 d 7' `� �q l ',.� k"� 1 .^l,':: I ct ' :Y Z 'k y� +�Y Au , 777 ✓ a_ _ alai a t �„ �il 3 ok'�' 4 rsa Gf { ,r 1., F h.£ ':v J'}: ,j i �tt x tYS2, 1 mf':.: fa 2 .?!' t Y ,2 i:3a` 4 , 5#-A ,V : ..f ,^-;, J '� TI- S_ '^Sr. 4� `�u} F� iF f ,� 1..,,;. 113e7�-' (►[. 2021.501 MOBILIZATION LUMP SUM 0.03 375,000.00 11,250.00 2031.501 FIELD OFFICE TYPE D EACH U3 15,000.00 450.00 2211.503 AGGREGATE BASE (CV) CLASS 5 P CU YD 1,620.00 21.00 34,020,00 2301.604 CONCRETE PAVEMENT 9.5" SQ YD 3,170.00 47.00 148,990,00 2360.501 TYPE SP 12.5 WEARING COURSE MIX (3,B) TON 290.00 60.00 17,400.00 2360.501 TYPE SP 12.5 WEARING COURSE MIX (4,B) TON 1,000.00 65.00 65,0000 2563.601 TRAFFIC CONTROL LUMP SUM 0.03 75,000.00 2,250.00 TOTAL 279,360.00 Ln Data is considered Non-public prior to project award. -2-