2012-04-02 CC PacketA,lbertville City of Albertville Council Agenda
Small Town UWng. Big City Ufa.
Monday, APRIL 2, 2012
7:00 PM
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.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE — ROLL CALL
3. RECOGNITIONS — PRESENTATIONS — INTRODUCTIONS
Recognize the Albertville Lions for their $2,500 donation. Picture taken at last meeting
with Leroy Berning.
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. hi 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. Approve the April 2, 2012 regular City Council minutes as presented (pgs. 1-8)
B. Authorize the Monday, April 2, 2012 payment of the claims that includes electronic
payments 1104EFT-1110EFT and check numbers 30846 to 30879 as presented (pgs.
9-13 )
C. Approve Resolution 2012-018, entitled a Resolution Acknowledging a Donation from
the Albertville Lions and deposit the donation of $2,500 towards purchase of Holiday
Lights (pgs. 14,15)
D. Approve Resolution 2012-020, entitled a Resolution Reestablishing Precincts and
Polling Places. (pgs. 16-17).
E. Approve hiring Jacob Kreutner for the full-time Water, Waste Water Maintenance
position starting Monday, April 16, 2012, at step one with a starting wage of $20.58
per hour with a six month probation. (pg. 18)
City of Albertville Council Agenda
Monday, April 2, 2012 Page 2 of 3
7. DEPARTMENT BUSINESS
A. City Council
B. Finance Department
1). Inter -fund Loans/Advances from the Sewer Access Fund. Motion to approve
Resolution No. 2012-016 entitle a Resolution Authorizing and Documenting
Inter -fund Loans/Advances from the Sewer Access Fund. (pgs. 19-22)
2). Fund Transfers. Motion to approve Resolution No. 2012-017 entitled a
Resolution to Transfer Funds. (pgs. 23-25)
C. Planning and Zoning
1). Parkside Commercial PUD Amendment regarding expansion of church space.
(Oral Update)
2). Neighbor's Eatery Condition Use Permit (Oral Update)
D. City Attorney — Monthly Report (pg 16)
E. City Engineer
1). I-94 West Bound Collector Distributor Project Bid Award. Motion to approve
Resolution No. 2012-019 entitled a Resolution Accepting the Bid. (pgs. 27-30)
2). I-94 West Bound Collector Distributor Construction Administration.
a. Motion to Approve a Service Agreement with the City of St. Michael
entitled Agreement for Resident Project Representative Services. (pgs. 33-
41)
b. Motion to Approve hiring the City of St. Michael, SRF, Bolton and Menk,
and Braun Intertec on an as needed hourly basis for construction
administration, engineering, testing and construction staking services, as
required by the Mn/DCP Agreement, with management oversight by the
Albertville Public Works Director/City Engineer. (pgs. 31-32)
F. Administration
1). Oral Updates
M:\Public Data\City Council\Council Agendas\2012 Agendas\04 02 2012 Agenda.doc
Meeting Date: April 2, 2012
City of Albertville Council Agenda
Monday, April 2, 2012 Page 3 of 3
2).
8. ANNOUNCEMENTS and or UPCOMING MEETINGS
April 14, 2012 Town Hall Meeting
April 18, 2012 Board of Appeals Meeting @ 5:30 p.m.
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M:\Public Data\City Council\Council Agendas\2012 Agendas\04 02 2012 Agenda.doc
Meeting Date: April 2, 2012
11.0
A1bertville
Small Town Living. 019 City Life.
ALBERTVILLE CITY COUNCIL
Monday, March 19, 2012
MINUTES
ALBERTVILLE CITY HALL
CALL TO ORDER — PLEDGE OF ALLEGIANCE
Mayor Meehan called the regular City Council meeting to order at 7:00 p.m.
ROLL CALL
7:00 PM
Present: Mayor Mark Meehan, Council members Larry Sorensen, Dan Wagner, and Jillian
Hendrickson
Absent: John Vetsch
Others Present: City Administrator Larry Kruse, Utilities Supervisor John Middendorf, Public
Works Supervisor Tim Guimont, Finance Director Tina Lannes, City Engineer Adam Nafstad,
City Attorney Michael Couri and City Planner Alan Brixius.
AMENDMENTS TO THE AGENDA
Meehan noted there were no amendments to the agenda.
CMs Wagner/Sorensen motioned to approve the Monday, March 19, 2012 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.
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City of Albertville Council Minutes
March 19, 2012 Page 2 of 8
A. Approval of the March 5, 2012 City Council minutes as presented.
B. Authorize the March 19, 2012 Payment of Claims (bills) for electronic payments
1050EFT—1063EFT and checks 30790 to 30837 as presented.
C. Approve the following list of Annual Renewal Liquor License Applications for the
following establishments in Albertville:
• 2012-2013 Off -Sale Intoxicating Liquor License to 152 Club Inc. for 152 Club; and, 2012-
2013 On -Sale Intoxicating Liquor License to 152 Club Inc; and, 2012-2013 Sunday Liquor
License to 152 Club Inc.; and,
• 2012-2013 Off -Sale Intoxicating Liquor License to Neighbors Bar & Grill Inc. for
Neighbors Eatery & Saloon; and, 2012-2013 On -Sale Intoxicating Liquor License to
Neighbors Bar & Grill Inc. for Neighbors Eatery & Saloon; and, 2012-2013 Sunday Liquor
License to Neighbors Bar & Grill Inc. for Neighbors Eatery & Saloon; and,
• 2012-2013 On -Sale Wine License to Romeo Foods Inc. for Patty J's Cafe; and, 2012-2013
On -Sale 3.2% Malt Beverage License to Romeo Foods Inc. for Patty J's Caf6; and,
• 2012-2013 On -Sale Intoxicating Liquor License to TC Generations LLC for PubHouse 19 ;
and, 2012-2013 Sunday Liquor License to TC Generations LLC for PubHouse 19; and,
2012-2013 On -Sale 3.2% Malt Beverage Liquor License to D's Family Pizza LLC for D's
Family Pizza.
CMs Wagner/Sorensen motioned to approve the Consent Agenda as presented. Motion carried
unanimously.
PUBLIC HEARING
I-94 Collector Distributor Project
Mayor Meehan called the Public Hearing for I-94 to Order.
City Administrator Kruse opened the hearing with the following history of the I-94 project.
The City has been working on the I-94 project for 10 years. With bi-annual elections, this project
has been supported by Mayor Don Peterson, Mayor Ron Klecker and now Mayor Mark Meehan.
A number of past Council members have served and participated in development of the
improvement plan including Leroy Berning, Dorothy Rich and Tom Fay. The Council through
the last decade has made fixing the traffic congestion on CSAH 37 and CSAH 19 a priority.
Back in 2006, the City Council commissioned a traffic study with computer generated traffic
modeling. That modeling showed that the Albertville road system related to I-94 was degrading
and with continued growth would soon get a failing grade.
Kruse said in hindsight, the Mayors and City Council had a lot of foresight. Those involved in
transportation planning know that if you wait until there is a traffic problem it can then take
years to develop a plan, get approvals and funding. We have spent eight plus years building a
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City of Albertville Council Minutes
March 19, 2012 Page 3 of 8
consensus, a layout that is acceptable and one that can be approved. We initially looked at just
adding two ramps on the east side of CSAH 19 which was the low cost inexpensive option that is
most acceptable by the locals. Even though we technically met the one mile spacing requirement,
Federal Highway would not allow additional ramps there because of the marginal spacing and
the geometries of I-94 in this section. We at the time all questioned those geometries, but since
then, there has been two semi -accidents, a bus rollover and other vehicle accidents just at or
beyond the CSAH 37 overpass.
To deal with the one -mile spacing between CSAH 37 and CSAH 19 we explored what is called a
folded diamond. That would have moved the westerly CSAH 37 ramp into an easterly loop into
where Emma Krumbee's Restaurant is now located. Anyway, to make a long story short,
probably ten different configurations were explored, some more extensively than others. All of
those plans ran into conflict with Federal Highway approvals.
Kruse said having an approved plan is one thing and having money to build it is another. We
have always said Albertville can't build this alone. We have been very fortunate to receive
$5,440,000 from the State of Minnesota's Greater Minnesota Interchange Fund, $250,000 from
MNDot Maintenance Fund, $800,000 of Federal Funds and the Wright County Board has
committed up to $1,640,000. So we are blessed to have a significant amount of outside funding
for this project. Further, we are fortunate to obtain a very low interest rate for the money the City
and County will need to borrow. Lastly, we are blessed to receive a very low construction bid
below the engineer's estimate. All these combined makes this a very attractive project for us to
do at a time when people need jobs and the added economic vitality that a construction project
brings to Albertville. City Administrator Kruse then introduced City Engineer Adam Nafstad to
present the Improvement information.
City Engineer Nafstad made a PowerPoint presentation. Nafstad stated the project purpose is to
improve access, accommodate traffic movements, relieve congestion, improve safety and the
project has a reasonable economic payback. Nafstad went on to show the layout and components
of the improvement. Nafstad reviewed the Phasing of future improvements, which included a
duplicate road on the south side of the freeway, and Phase III which includes a bridge over
CSAH 19. The timing of those improvements is unknown at this time.
Nafstad reviewed the completed work to date, which includes an I-94 IRC Study, NE Wright
County Sub -Area Transportation Study, I-94 Freeway Study Report, I-94 Interchange Access
Request, Environmental Assessment, Staff Approved Geometric Layout and Final Design.
Nafstad reported that all the necessary right-of-way has been acquired and a total project cost of
$10,786,840. A Benefit Cost Analysis was reviewed showing a reasonable return on investment.
Nafstad then reviewed the project funding which includes $800,000 SAFETEA-LU, $5,684,000
of Greater Minnesota Interchange Funding and $1,463,000 of funds from Wright County,
leaving a local balance of $1,697,840.
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Nafstad reviewed a draft schedule of assessments and a project schedule, which concludes with
an October -November Assessment Hearing. Nafstad solicited questions, which none were
forthcoming.
City Attorney Mike Couri reviewed the legal aspects of the Improvement and reviewed the
Minnesota Chapter 429 process. Couri stated that the City has completed a before and after
appraisal of a represent sample of properties throughout the neighborhood around the CSAH 19
and 1-94 Interchange to determine the benefit received by various properties. Based on those
appraisals, staff interpolated the benefit to the remaining properties. Properties closest to the
Improvement receive increase benefit and as you radiate out away from the improvement it is
reduced.
City Attorney Couri confirmed for the Council that all of the required steps in the 429 process
has been completed to date and the next step is to listen for public comment and then to decide if
the Council wants to do the project. Couri stated this is not a time to debate the assessment
benefit, as that will likely come in October or November when the project is substantially
complete. Mailed notice will be sent to all properties to be assessed and a public hearing will be
held for that purpose.
Mayor Meehan then opened the hearing to public comments.
Former Mayor Ron Klecker introduced himself and said the City has been working on this
project for a decade and elaborated on the need for the project. He described the large number of
layout options the City worked through and the challenge to identify a design that met the needs
of Albertville and could be approved by the State and Federal Highway Administration. Klecker
urged the Council to proceed with the project.
Former Council member Tom Fay introduced himself and said that he too had been involved
with the project for his term on the Council. Fay spoke in favor of the project and encouraged the
City Council support for the project. Fay concluded by saying this is a one time opportunity with
the State grant and to take advantage of the funding.
Don Savitski, owner of property on the corner of CSAH 19 and CSAH 37 said he supported the
project. He said he obviously does not like the assessment, but understands the merits of the
project. Savitski asked how Phase II would be assessed. City Attorney Couri stated the City has
no design, no costs and at this time does not have any ideas on how that will be funded. He said
that will be determined as that project develops. Savitski requested staff look at the assessment
ratio for some of his buildings (car wash vs store).
Mayor Meehan asked if there was any more public comment and hearing none, declared the
Public Hearing closed and declared a recess for five minutes.
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City of Albertville Council Minutes
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CITY COUNCIL
I-94 Collector Distributor Project
Mayor Meehan opened the regular City Council meeting and said the next item of business is the
question on whether the Council proceeds with the project.
City Engineer Adam Nafstad reported that the State will need additional time to review the bid to
insure they meet the State and Federal Disadvantage Business requirements and other criteria. He
is hopeful that a recommendation will be forthcoming for the April 2nd meeting.
City Attorney Mike Couri informed the Council that in order to preserve the right to assess at a
later date, the Council must pass the project by a super majority 4/5 vote.
Mayor Meehan asked the Council for input and the consensus was to proceed with the project.
The Mayor and Council each individually commended the prior Council and staff for their work
on the project. Council member Sorensen credited former Mayor Ron Klecker for working with
Wright County to gain their funding participation.
CMs Hendrickson/Sorensen moved the adoption of Resolution No. 2012-012 entitled a
Resolution Ordering the Improvement as on file in the Office of the City Clerk. Motion carried
unanimously. Mayor Meehan declared the Resolution adopted.
CMs Sorensen/Wagner moved the adoption of Resolution No. 2012-013 entitled a Resolution
Accepting the Offer of the Minnesota Public Authority to Purchase a $4,113,700 General
Obligation Improvement Note of 2012, Provide for Issuance and Authorizing Execution of a
Project Loan Agreement. Motion carried unanimously. Mayor Meehan declared the Resolution
adopted.
CMs Wager/Sorensen moved the adoption of Resolution No. 2012-014 entitled a Resolution to
approve an Agreement between the City of Albertville and CenterPoint Energy to relocate the I-
94 Natural Gas Pipelines. Motion carried unanimously. Mayor Meehan declared the Resolution
adopted.
5964 and 5975 Main Avenue Building Leases
The Council reviewed options for the existing lease at 5975 Main Avenue with Josh Perisian as
per a memo dated March 15, 2012 by City Administrator Kruse. City Attorney Couri advised
the Council to serve a formal notice to Mr. Perisian outlining his options which the Council
determined as follows)
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City of Albertville Council Minutes
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1) Sign a new lease for 5975 Main Avenue for the $2,000 per month with the City paying all
expenses (gas, electric, water, sewer, yard and parking lot maintenance).
2) Sign a new lease with him for the 5964 Main Avenue building at $1,000 per month with
the City paying all expenses (gas, electric, and water, sewer, yard and parking lot
maintenance.
3) Sign a short term week to week lease to allow Liv Music to stay in the building while the
City tries to lease the building out to someone willing to pay the full rent, thus giving
Perisian time to evaluate other options.
CMs Wagner/Sorensen moved to direct staff to write a letter to Josh Perisian of Live Music
outlining the above three options. Motion carried unanimously.
PUBLIC WORKS DEPARTMENT
Public Works Supervisor Guimont presented his written report.
UTILITIES DEPARTMENT
Water and Waste Water Supervisor Middendorf presented his written report
BUILDING DEPARTMENT
The Council acknowledged Building Official Sutherland's report.
FINANCE DEPARTMENT
League of Minnesota Cities Annual Renewal of Insurance
Carl Bennetson and Don Youngdahl of Northern Capital Insurance Group presented the policy
renewal. Staff supports NCIG's suggestion to increase the deductible from $1,000 to $2,500.
Finance Director Lannes stated that based on past history there is a $4,000 financial savings.
Lannes said, this can change, but the history suggests it is a reasonable assumption this action
will save the City money.
Lannes also reported the City will receive approximately $30,000 for a rebate for 2011, as the
coverage information submitted in last year's renewal was more than required. Lannes reported
the 2012 insurance is approximately $30,000 less for the same reason while covering additional
property.
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CMs Sorensen/Hendrickson motioned to approve the League of Minnesota Cities renewal as
presented by Northern Capital Insurance Group with a $2,500 deductible as on file in the office
of the City Clerk. Motion carried unanimously.
PLANNING REPORT
City Planner Alan Brixius presented an oral update on the City Visioning Project and Central
Park Master Plan update. Brixius stated he has interviews with the City Council next week and
looks forward to taking public comment at the Town Hall Meeting on April 14`h.
ADMINISTRATION
Public Works Director/City Engineer Employment Agreement
City Administrator Kruse presented the Council with the Public Works Director Contract on
behalf of the Personnel Committee and reported Adam Nafstad is willing to accept. The Council
reviewed the terms of the contract and agreed with the change in starting bank of sick leave and
vacation. City Attorney Mike Couri stated he has reviewed the contract and finds it is in good
order. The Council questions how mileage is reimbursed and recommended adding the word
"annually" to select either a stipend or the Federal IRS mileage reimbursement rate.
Mayor Meehan/Council Member Hendrickson moved to approve the Public Works Director/City
Engineer Employment Agreement and authorize the City Clerk and Mayor to sign the
Agreement with the word "annually" added to the mileage reimbursement paragraph with
Nafstad starting in early April and to direct staff to amend the budget to reflect the personnel
change. Motion carried unanimously.
The Council welcomed new Public Works Director/City Engineer Nafstad to the City!
Filling the vacant City Clerk Position
CMs Sorensen/Hendrickson motioned to authorize advertising for the City Clerk's position.
Motion carried unanimously.
ADJOURNMENT
CMs Sorensen/Wagner motioned to adjourn the meeting at 8:55 p.m. Motion carried
unanimously.
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City of Albertville
City Council Minutes
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Page 8 of 8
Larry Kruse, City Administrator
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�b crtvi j l c Mayor and Council Communication
Smoii Town Uving. Big My Uh.
March 28, 2012
SUBJECT: CONSENT - FINANCE DEPARTMENT - PAYMENT OF BILLS
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Authorize the Monday, April 2, 2012 payment of the claims that includes check
numbers 1104EFT—1110EFT and checks numbered 30846 to 30879 as presented except the
bills specifically pulled, which are passed by separate motion.
BACKGROUND: The City processes 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 Expenses/Vendors (bolded)
Check No. 30855 DJ's Heating - Repair the a/c unit in the server room, quit cooling the
room.
Check No. 30863 KDV — Payment #1 for audit services 2011 financials (fee is within
contracted agreement)
Check No. 30876 SRF — payment for approved additional services (out -of -scope) I-94
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 to dispute the billing.
Submitted through: Larry R. Kruse, City Administrator
Department/Responsible Person: Finance/Tina Lannes, Finance Director
Attachments: Check Register Detail
9
Mayor and Council Communication — March 28, 2012
Finance — Payment of Claims
A,lbertville
Small Town Uving. 819 City Ufa.
Check Detail Register
Page 2 of 5
April 2012
Check Amt Invoice
Comment
10100 Premier Bank
Paid Chk# 001104E
3/28/2012 GREAT AMERICAN BUSINESS PROD
E 101-45100-210
Operating Supplies (GENERAL)
$184.77 3532270
PD pet waste bags for dog park
Total GREAT AMERICAN BUSINESS PROD
$184.77
Paid Chk# 001105E
3/28/2012 GOPHER STATE ONE -CALL
E 601-49450-209
Locates
$18.12 33795
UD resident/commercial locates
E 602-49400-209
Locates
$18.13 33795
UD resident/commercial locates
Total GOPHER STATE ONE -CALL
$36.25
Paid Chk# 001106E
3/28/2012 JACKS OIL DIST., INC.
E 101-43100-212
Motor Fuels
$1,634.71 38027
PW 450 gallons #2 dyed fuel
Total JACKS OIL DIST., INC.
$1,634.71
Paid Chk# 001107E
3/28/2012 MVTL LABORATORIES, INC
E 601-49450-218
Testing Expenses
$101.40 593158
UD testing service
E 601-49450-218
Testing Expenses
$125.40 594484
UD testing service
E 601-49450-218
Testing Expenses
$101.40 595427
UD testing service
Total MVTL LABORATORIES, INC
$328.20
Paid Chk# 001108E
3/28/2012 MILLS, TATE
E 101-42000-433
Dues and Subscriptions
$37.90 03162012-RI
FD wip-zip download for laptop
Total MILLS, TATE
$37.90
Paid Chk# 001109E
3/28/2012 RAPIT PRINTING
E 101-41940-399
Miscellaneous
$156.33 111516
Town Hall mtg (pens)
Total RAPIT PRINTING
$156.33
Paid Chk# 001110E 3/28/2012 SHRED RIGHT -A ROHN INDUSTRIES
E 101-41400-300 Professional Srvs (GENERAL) $30.00 119027 CH monthly shredding service
Total SHRED RIGHT -A ROHN INDUSTRIES $30.00
Paid Chk# 001111 E 3/28/2012 S & T OFFICE PRODUCTS
E 101-41500-200
Office Supplies (GENERAL)
$87.72 01 PC2707
FinD replacement ink cartridges
E 101-41400-200
Office Supplies (GENERAL)
$131.98 01 PC2707
CH paper
E 101-41400-200
Office Supplies (GENERAL)
$11.17 01 PC4564
CH Reservation notebook
E 101-41400-200
Office Supplies (GENERAL)
$24.74 01 PC4564
Admin wrist slide/glide rest
E 101-41500-200
Office Supplies (GENERAL)
$23.45 01 PC4564
FinD wrist slide/glide rest
E 101-41400-200
Office Supplies (GENERAL)
$34.02 01 PC4565
CH Reservation/Park notebook
Total S & T OFFICE PRODUCTS
$313.08
Paid Chk# 030846 4/2/2012 A-1 OUTDOOR POWER INC
E 101-45100-404 Repair/Maint - Machinery/Equip $45.18 289565 PD High Perf cleanser, clamping kit, &
gasket
Total A-1 OUTDOOR POWER INC $45.18
Paid Chk# 030847 4/2/2012 ALBERTVILLE FIRE RELIEF ASSOC.
E 101-42000-124 Fire Pension Contributions $1,000.00 19067A286012131 FD Fire Relief Payment
Total ALBERTVILLE FIRE RELIEF ASSOC. $1,000.00
Paid Chk# 030848 4/2/2012 APPOLLO SYSTEMS - COMMERCIAL D
E 101-45100-405 Repair/Maint -Buildings $20.31 961 PD Central Park security
Total APPOLLO SYSTEMS - COMMERCIAL D $20.31
Mayor and Council Communication - March 28, 2012
Finance - Payment of Claims Page 3 of 5
Check Amt Invoice Comment
Paid Chk# 030849
4/2/2012 ARAMARK UNIFORM SERVICES
E 601-49450-417
Uniform Rentals
$13.01 629-7451509 UD uniforms
E 101-45100-417
Uniform Rentals
$13.02 629-7451509 PD uniforms
E 602-49400-417
Uniform Rentals
$13.02 629-7451509 UD uniforms
E 101-43100-417
Uniform Rentals
$13.01 629-7451509 PW uniforms
E 101-41940-405
Repair/Maint - Buildings
$49.78 629-7456409 CH towels/mops/malts
E 101-45100-417
Uniform Rentals
$9.94 629-7456415 PD uniforms
E 602-49400-417
Uniform Rentals
$9.94 629-7456415 UD uniforms
E 601-49450-417
Uniform Rentals
$9.93 629-7456415 UD uniforms
E 101-43100-417
Uniform Rentals
$9.94 629-7456415 PW uniforms
Total
ARAMARK UNIFORM SERVICES
$141.59
Paid Chk# 030850 4/2/2012 BERRY COFFEE COMPANY
E 101-41400-200
Office Supplies (GENERAL)
$42.95 1003809
CH coffee supplies
Total BERRY COFFEE COMPANY
$42.95
Paid Chk# 030851
4/2/2012 BOYER TRUCKS
E 101-43100-404
Repair/Maint - Machinery/Equip
$1,285.53 109358R
PW service parts for vehicles
Total BOYER TRUCKS
$1,285.53
Paid Chk# 030852
4/2/2012 CARLSON BUILDING SERVICES, INC
E 101-42000-405
Repair/Maint -Buildings
$133.59 39617
FD monthly cleaning service
E 101-41940-405
Repair/Maint -Buildings
$422.16 39617
CH monthly cleaning service
Total CARLSON BUILDING SERVICES, INC
$555.75
Paid Chk# 030853 4/2/2012 CENTURYLINK COMMUNICATIONS AZ
E 101 -41940-321
Telephone
$23.27
0261
283 0312
Isdt-taxes-surcharge
E
101-43100-321
Telephone
$29.80
0261
283 0312
PW fax 0774
E
101-42000-321
Telephone
$29.85
0261
283 0312
FD phone 1340
E
101-41940-321
Telephone
$28.38
0261
283 0312
CH1 phone 0261
E
101-41940-321
Telephone
$26.81
0261
283 0312
CH3 phone 3704
E
101-41940-321
Telephone
$26.81
0261
283 0312
CH2 phone 3695
E
101-41940-321
Telephone
$26.81
0261
283 0312
CH phone 3486
E
101-45100-321
Telephone
$26.87
0261
283 0312
PD shelter 2215
E
101-42000-321
Telephone
$26.81
0261
283 0312
FD fax 7474
E
601-49450-321
Telephone
$26.81
0261
283 0312
UD phone 0269
E
601-49450-321
Telephone
$27.31
0261
283 0312
UD Emg phone 1888
E
101-41940-321
Telephone
$35.75
0261
283 0312
RB phone 0452
Total CENTURYLINK COMMUNICATIONS AZ
$335.28
Paid Chk# 030854 4/2/2012 DENNY S SMALL ENGINE/CHAIN SAW
E 810-00000-405 Repair/Maint - Buildings $60.85 03232012 Arena repair blower/recar pulley
Total DENNY S SMALL ENGINE/CHAIN SAW $60.85
Paid Chk# 030855 4/2/2012 DJ S HEATING & A/C
E 101-41940-405 Repair/Maint -Buildings $269.00 104442 CH clean-n-check and repair a/c unit in
server room
Total DJ S HEATING & A/C $269.00
Paid Chk# 030856 4/2/2012 EMMA KRUMBEES RESTAURANT
E 101-41400-200 Office Supplies (GENERAL) $115.20 04142012 CH 2O12 Spring Town Hall event
Total EMMA KRUMBEES RESTAURANT $115.20
Paid Chk# 030857 4/2/2012 FEDERATED CO-OPS, INC.
E 601-49450-210 Operating Supplies (GENERAL) $213.38 F41497 UD range star, r-way crop oil,
buccaneer plus (Reed Beds)
Total FEDERATED CO-OPS, INC. $213.38
Paid Chk# 030858 4/2/2012 FERGUS POWER PUMP, INC.
E 602-49400-250 Meters for Resale $2,651.70 S01352146.001 UD meters for re -sale
Total FERGUS POWER PUMP, INC. $2,651.70
Paid Chk# 030859 4/2/2012 FREMONT INDUSTRIES
E 601-49450-217 Chemicals - Ferric Chloride $5,989.76 777649 UD ferric chloride -treatment plant
Total FREMONT INDUSTRIES $5,989.76
Mayor and Council Communication — March 28, 2012
Finance — Payment of Claims Page 4 of 5
Check Amt Invoice Comment
Paid Chk# 030860 4/2/2012 GOIN POSTAL
E 101-42000-200 Office Supplies (GENERAL) $48.37 44530 FD mailing of parts
Total GOIN POSTAL $48.37
Paid Chk# 030861 4/2/2012 HAWKINS, INC
E 601-49450-217 Chemicals - Ferric Chloride $521.40 3318399 RI UD sodium hypochlorite/55 gal drum
Total HAWKINS, INC $521.40
Paid Chk# 030862 4/2/2012 HOGLUND BUS COMPANY
E 101-42000-404 Repair/Maint - Machinery/Equip $570.00 648617 FD HP31 DP battery/ core exchange
Total HOGLUND BUS COMPANY $570.00
Paid Chk# 030863 4/2/2012 KERN, DEWENTER, & VIERE, LTD
E 604-49660-301
Auditing and Acct g Services
$1,857.14 143383
UD 2011 Audit
E 101-42000-301
Auditing and Acct g Services
$1,857.14 143383
FD 2011 Audit
E 101-42400-301
Auditing and Acct g Services
$1,857.14 143383
BD 2011 Audit
E 101-41400-301
Auditing and Acct g Services
$1,857.15 143383
CH 2O11 Audit
E 602-49400-301
Auditing and Acct g Services
$1,857.15 143383
UD 2011 Audit
E 601-49450-301
Auditing and Acct g Services
$1,857.14 143383
UD 2011 Audit
E 101-41400-301
Auditing and Acct g Services
$1,857.14 143383
Arena 2011 Audit
Total
KERN, DEWENTER, & VIERE, LTD
$13,000.00
Paid Chk# 030864 4/2/2012 MECHANICAL ENERGY SYSTEMS
E 810-00000-405 Repair/Maint - Buildings $684.62 S11583 Arena; water pipe deterorating-
replacement parts
Total MECHANICAL ENERGY SYSTEMS $684.62
Paid Chk# 030865 4/2/2012 MINNESOTA PCA
E 601-49450-433 Dues and Subscriptions $1,450.00 4400096410 UD Municipal Permit (annual)
Total MINNESOTA PCA $1,450.00
Paid Chk# 030866
4/2/2012 MINNESOTA COPY SYSTEMS
E 101-41400-413
Office Equipment Rental
$125.33 86302
CH copier lease/mntc
E 604-49960-413
Office Equipment Rental
$16.71 86302
UD copier lease/mntc
E 601-49450-413
Office Equipment Rental
$45.96 86302
UD copier lease/mntc
E 602-49400-413
Office Equipment Rental
$20.89 86302
UD copier lease/mntc
Total MINNESOTA COPY SYSTEMS
$208.89
Paid Chk# 030867
4/2/2012 MOON MOTORSPORTS
E 601-49450-587
Capital - Tools
$172.18 1017414
UD Stihl FS46 Trimmer
Total MOON MOTORSPORTS
$172.18
Paid Chk# 030868 4/2/2012 MTI DISTRIBUTING, INC.
E 101-45100-404 Repair/Maint - Machinery/Equip $331.31 830666-00 PD atomic blade service, v-belt, deck
Total MTI DISTRIBUTING, INC. $331.31
Paid Chk# 030869
4/2/2012 NAPA AUTO PARTS
E 101-43100-404
Repair/Maint - Machinery/Equip
$36.33 812689
PW elbow
E 101-43100-215
Shop Supplies
$74.68 812874
PW wid wire
E 101-43100-404
Repair/Maint - Machinery/Equip
$78.33 813370
PW battery/core deposit
E 101-43100-404
Repair/Maint - Machinery/Equip
$315.85 814128
PW fuel pump/fuel fil
E 601-49450-404
Repair/Maint - Machinery/Equip
$51.17 814997
UD quart ND30
Total NAPA AUTO PARTS
$556.36
Paid Chk# 030870 4/2/2012 PINNACLE PRINTING, INC.
E 101-42400-203
Printed Forms
$208.41 11441 BD inspection notices
Total PINNACLE PRINTING, INC.
$208.41
Paid Chk# 030871
4/2/2012 PITNEY BOWES - EASYPERMIT POST
E 601-49450-413
Office Equipment Rental
$95.77 0787150-AP03
UD postage
E 101-41400-413
Office Equipment Rental
$265.53 0787150-AP03
CH postage
E 602-49400-413
Office Equipment Rental
$43.53 0787150-AP03
UD postage
E 604-49960-413
Office Equipment Rental
$30.47 0787150-AP03
UD postage
Total PITNEY BOWES - EASYPERMIT POST
$435.30
12
Mayor and Council Communication — March 28, 2012
Finance — Payment of Claims
Check Amt Invoice Comment
Page 5 of 5
Paid Chk# 030872 4/2/2012 PITNEY BOWES- PA
E 101-41400-413 Office Equipment Rental $51.00 0787150-MR12 CH postage maching rental
Total PITNEY BOWES- PA $51.00
Paid Chk# 030873 4/2/2012 PREMIER 94 TRUCK SERVICES
E 101-43100-404 Repair/Maint - Machinery/Equip $30.24 0133775-IN PW check turbo on trk, pull cold side
intak on turbo, fins busted up
and shart broken
Total
PREMIER 94 TRUCK SERVICES
$30.24
Paid Chk# 030874
4/2/2012 SCR, INC - ST. CLOUD
E 810-00000-405
Repair/Maint - Buildings
$583.33 246280
Arena monthly mntc (April)
Total SCR, INC - ST. CLOUD
$583.33
Paid Chk# 030875
4/2/2012 SENTRY SYSTEMS, INC.
E 101-42000-405
Repair/Maint Buildings
$22.66 653381
FD commercial monitoring
E 101-42000-405
Repair/Maint Buildings
$4.22 653381
FD daily monitoring
E 101-43100-405
Repair/Maint - Buildings
$32.06 653381
PW commercial monitoring
Total SENTRY SYSTEMS, INC.
$58.94
Paid Chk# 030876
4/2/2012 SRF CONSULTING GROUP, INC
E 468-49000-303
Engineering Fees
$32,000.00 06796.00-19
1-94 add'I out -of -scope services
Total
SRF CONSULTING GROUP, INC
$32,000.00
Paid Chk# 030877 4/2/2012 TRYCO LEASING INC
E 101-41400-413
Office Equipment Rental
$125.12 6066
CH copier lease agree
E 604-49660-413
Office Equipment Rental
$16.68 6066
UD copier lease agree
E 602-49400-413
Office Equipment Rental
$20.85 6066
UD copier lease agree
E 601-49450-413
Office Equipment Rental
$45.87 6066
UD copier lease agree
E 101-42000-404
Repair/Maint - Machinery/Equip
$113.64 6067
FD copier lease agree
E 101-41400-413
Office Equipment Rental
$134.98 6068
CH copier lease agree color
E 601-49450-413
Office Equipment Rental
$49.49 6068
UD copier lease agree color
E 602-49400-413
Office Equipment Rental
$22.50 6068
UD copier lease agree color
E 604-49660-413
Office Equipment Rental
$18.00 6068
UD copier lease agree color
Total TRYCO LEASING INC
$547.13
Paid Chk# 030878
4/2/2012 WRIGHT COUNTY HIGHWAY DEPT
E 101-43100-221
Ice Removal
$2,065.97 6644
PW sand/salt mixture
Total WRIGHT COUNTY HIGHWAY DEPT
$2,065.97
Paid Chk# 030879
4/2/2012 ZEE MEDICAL SERVICE
E 101-41400-200
Office Supplies (GENERAL)
$67.75 5437397
CH basic 1st aid supplies
Total ZEE MEDICAL SERVICE
$67.75
10100 Premier Bank
$69,038.92
Fund Summary
10100 Premier Bank
101 GENERAL FUND
$18,197.91
468 CSAH 19 RAMPS/I 94 Project
$32,000.00
601 SEWER FUND
$10,915.50
602 WATER FUND
$4,657.71
604 STORM WATER
$1,939.00
810 STMA ARENA
$1,328.80
$69,038.92
�1bcrtvijj
c Mayor and Council Communication
Smell Town Uving. 019 4 ty Ufa.
March 25, 2012
SUBJECT: PRESENTATIONS -RECOGNITIONS -INTRODUCTIONS - ALBERTVILLE LIONS
DONATION
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: approve Resolution No. 2012-018 entitled a Resolution Acknowledging a
Donation from the Albertville Lions and deposit the donation of $2,500.00 towards purchase of
Holiday lights.
BACKGROUND: According to Minnesota State Statute 465.03; Gifts to Municipalities, any
city, county, school district or town may accept a grant or devise of real or personal
property and maintain such property for the benefit of its citizens in accordance with the
terms prescribed by the donor. Nothing herein shall authorize such acceptance or use for
religious or sectarian purposes. Every such acceptance shall be by resolution of the
governing body adopted by a two-thirds majority of its members, expressing such terms in
full. Staff places the item on the agenda to accommodate the Mayor and Council to ask
questions, review, and accept donations that are submitted to the Finance Department by
organizations.
KEY ISSUES: It is the City's policy to monitor the finances of the City; therefore, to
acknowledge and accept donations that are submitted by various organizations.
POLICY CONSIDERATIONS: The Mayor and City Council to acknowledge and accept
donations.
FINANCIAL CONSIDERATIONS: There is no financial impact on the city.
LEGAL CONSIDERATIONS: The Mayor and City Council have the authority to
acknowledge and accept donations that are submitted by various organizations received by the
City of Albertville.
Submitted through: Larry R. Kruse, City Administrator
Department/Responsible Person: Finance/Tina Lannes, Finance Director; Public Works &
Parks Maintenance/Tim Guimont, PW Parks Maintenance Supervisor
Attachments: Resolution No. 2012-018
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO.2012-018
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 $2,500 from the
Albertville Lions to purchase holiday lights; 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 2nd day of April, 2012 by the City Council of the City of Albertville.
Mark Meehan, Mayor
Larry Kruse, City Administrator
15
A�Ibc t ille Mayor and Council Communication
Small Town Living. glg My Ufs.
March 28, 2012
SUBJECT: CONSENT (City Clerk) - 2012 LEGISLATIVE REDISTRICTING
RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider
passing the following:
MOTION TO: approve Resolution No. 2011-020 entitled a Resolution Reestablishing Precincts
and Polling Places.
BACKGROUND: During the legislative session the legislature of the State of Minnesota has
been redistricted. According to the Minnesota Statute Section 204B.14, Subd. 3(d), requires that
Precinct Boundaries must be re-established within 60 days of when the legislature has been
redistricted or at least 19 weeks before the State Primary Election, whichever comes first;
The City of Albertville, County of Wright, State of Minnesota hereby reestablishes the boundaries
of the voting Precincts and Polling places as follows:
• Precinct 1(Albertville City Hall, 5959 Main Avenue NE)
for the entire boundaries of the Albertville city limits
POLICY/PRACTICES CONSIDERATIONS: The City of Albertville follows the State of
Minnesota Statutes relating to Section 204B; Elections.
FINANCIAL CONSIDERATIONS: There are no financial considerations for acknowledging
the legislative redistricting of Precinct Boundaries.
LEGAL ISSUES: None
Submitted through: Larry R. Kruse, City Administrator
Department/Responsible Person: Administration/Larry R. Kruse, City Administrator/Clerk
Attachments: Resolution No. 2012-020
M:\Public Data\Requests for Council Actions (RCA)\2012\04 02 2012 Consent Legislative Re -districting Polling Place RCA.doc
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO.2012-020
A RESOLUTION REESTABLISHING PRECINCTS AND POLLING PLACES
WHEREAS, the legislature of the State of Minnesota has been redistricted; and
WHEREAS, Minnesota Statute Section 204B.14, Subd. 3(d) requires that precinct boundaries
must be reestablished within 60 days of when the legislature has been redistricted or at least 19
weeks before the State Primary Election, whichever comes first;
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Albertville,
County of Wright, State of Minnesota hereby reestablishes the boundaries of the voting precincts
and polling places as follows:
• Precinct 1(Albertville City Hall, 5959 Main Avenue NE)
for the entire boundaries of the Albertville city limits
Adopted this 2nd day of April 2012 by the City Council of the City of Albertville.
Mark Meehan, Mayor
Larry Kruse, City Administrator/Clerk
17
�b►er'tvi � 1
c Mayor and Council Communication
Small Town Living. gig 6ty UM.
March 28, 2012
SUBJECT: CONSENT — WATER, WASTE WATER MAINTENANCE POSITION
RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider
the Personnel Committee's recommendation to adopt the following:
MOTION TO: approve hiring Jacob Kreutner for the full-time Water, Waste Water Maintenance
position starting Monday, April 16, 2012, at step one starting wage of $20.58 with six month
probation,
BACKGROUND: In 2010, Don Lumley quit his job with the City and accepted a position in St.
Cloud. In December of 2011, the City replaced Don with Glenn Ring, who was layed-off last
December. Supervisor Middendorf stated it has been somewhat of a challenge with just two in the
department. With the lack of snow this year, that made it work. Middendorf thanked the Public
Works employees and Gerald for taking additional on -call during the vacancy.
City Administrator Kruse along with Water, Waste Water Supervisor John Middendorf, Public
Works Supervisor Tim Guimont and soon to be Public Works Director/City Engineer Adam
Nafstad interviewed four of the sixty individuals who applied for the utility position.
Middendorf's selection of Mr. Kreutner was supported by those interviewing. Mr. Kreutner is a
recent graduate of the St. Cloud Technical College with his two year degree in Water
Environmental Technologies. He is from St. Cloud and is currently working for the City of
Minneapolis as a Water Technician at an hourly rate of $26.50.
The position has been offered to Mr. Kreutner subject to Council approval. Mr. Kreutner has
successfully completed his Dot physical, background check and toxicology test.
FINANCIAL CONSIDERATIONS: The position was budgeted for all of 2012 and the plan was
to fill the vacant position in January. To save money, staff delayed filling the position over the
winter. Budgeted funds are available for the position.
LEGAL ISSUES: The City Council has the authority to hire personnel.
Department/Responsible Person: John Middendorf, Water, Waste Water Supervisor
Submitted in Cooperation with: Larry Kruse, City Administrator
M:\Public Data\Requests for Council Actions (RCA)\2012\04 02 2012 Water Waste Water Maintenance Position RCA.doc
Meeting Date April 2, 2012
bcrtvi 1 j A,iMayor and Council Communication
Small Town Wing. gig Qty Ufc a.
March 27, 2012
SUBJECT: FINANCE — RESOLUTIONS TRANSFERRING FUNDS
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following resolution:
MOTION TO: approve Resolution No. 2012-017 entitled a Resolution to Transfer Funds.
Transfer $138,494.90 from the Closed Bond Fund No. 300 to Fund No. 400 Closed Project
Fund to close Fund 300.
Transfer $682.50 from the Sewer Access Fund No. 204 to Fund No. 501 Phil Morris Lift
Station to close Fund 501.
Transfer $299,157 from the Sewer Access Fund No. 204 to Fund No. 502 MacIver to close
Fund 502.
Transfer $20,309 from Sewer Fund No. 601 to Fund 503 CSAH 37 Utilities to adjust 2011A
Bonds.
Transfer $7,136 from Water Fund No. 602 to Fund 503 CSAH 37 Utilities to adjust 2011A
Bonds.
Transfer $23,328 from the Sewer Access Fund No. 204 to Fund No. 503 CSAH 37 Utilities to
close fund 503.
Transfer $77,653.79 from CSAH 37 Utilities Fund No. 503 to Fund No. 206 Water Access
Fund to close Fund 503.
Transfer $147,728.95 from Closed Capital Projects Fund No. 400 to Fund No. 494 CSAH 19
South to close Fund 494.
Transfer $481.07 from Closed Capital Projects Fund No. 400 to Fund No. 493 CSAH 19
North to fund the negative balance.
Transfer $88,952.50 from Sewer Access Fund No. 204 to Fund No. 601 Sewer Fund for bond
annual payment.
Transfer $50,000 from the General Fund No. 101 to Fund No. 473 Prairie Run for SAC (204)
repayment plan.
Transfer $120,000 from the General Fund No. 101 to Fund No. 468 I-94 Capital Project Fund.
Transfer $291,549.03 from the General Fund No. 101 to Fund No. 102 Capital Outlay Fund.
19
Mayor and Council Communication —
Finance Director — Resolution No. 2011-017
Page 2 of 2
BACKGROUND: City staff and auditors annually review and recommend transfer of funds for
designated purposes, bond payments, close funds or to fund a negative balance.
POLICY CONSIDERATIONS: It is the Mayor and Council's policy to review and approve all
fund transfers.
FINANCIAL CONSIDERATIONS: Plan funding options on continuing and new projects.
LEGAL CONSIDERATIONS: The Mayor and Council have the authority to review and direct
staff to take action regarding all financial matters.
Submitted through: Larry R. Kruse, City Administrator
Department/Responsible Person: Finance/Tina Lannes, Finance Director
Attachments: Resolution No. 2012-017
RES
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO.2012-017
A RESOLUTION TRANSFER FUNDS
WHEREAS, the Albertville City Council has reviewed its annual audit; and
NOW, THEREFORE, BE IT RESOLVED by the Albertville City Council that the following
actions are implemented:
Transfer $138,494.90 from the Closed Bond Fund No. 300 to Fund No. 400 Closed Project
Fund; and,
Transfer $682.50 from the Sewer Access Fund No. 204 to Fund No. 501 Phil Morris Lift
Station; and,
Transfer $299,157 from the Sewer Access Fund No. 204 to Fund No. 502 MacIver; and,
Transfer $20,309 from Sewer Fund No. 601 to Fund 503 CSAH 37 Utilities; and,
Transfer $7,136 from Water Fund No. 602 to Fund 503 CSAH 37 Utilities; and,
Transfer $23,328 from the Sewer Access Fund No. 204 to Fund No. 503 CSAH 37 Utilities;
and,
Transfer $77,653.79 from CSAH 37 Utilities Fund No. 503 to Fund No. 206 Water Access
Fund; and,
Transfer $147,728.95 from Closed Capital Projects Fund No. 400 to Fund No. 494 CSAH 19
South; and,
Transfer $481.07 from Closed Capital Projects Fund No. 400 to Fund No. 493 CSAH 19 North;
and,
Transfer $88,952.50 from Sewer Access Fund No. 204 to Fund No. 601 Sewer Fund; and,
Transfer $50,000 from the General Fund No. 101 to Fund No. 473 Prairie Run; and,
Transfer $120,000 from the General Fund No. 101 to Fund No. 468 I-94 Capital Project Fund;
and,
Transfer $291,549.03 from the General Fund No. 101 to Fund No. 102 Capital Outlay Fund
21
City of Albertville
County of Wright
Resolution No. 2012-017
Page 2
Adopted by the Albertville City Council this 2nd day of April 2012.
Mark Meehan, Mayor
Larry Kruse, City Administrator
22
A,lbertville Mayor and Council Communication
Small Town Uoing. 019 City UN.
March 27, 2012
SUBJECT: FINANCE — RESOLUTIONS AUTHORIZING AND DOCUMENTING INTER -FUND
LOANS/ADVANCES FROM THE SEWER ACCESS FUND
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: approve Resolution No. 2012-016 entitled a Resolution Authorizing and
Documenting Inter -Fund Loan to Fund Negative Fund balances.
Inter -Fund Loan from Sewer Access Fund (204) to 1999 Lease Revenue Bond Fund (354)
in the amount of $641 to fund the negative balance in the debt service fund; and,
Inter -Fund Loan from Sewer Access Fund (204) to 2003A GO Imp Bond Fund (357) in the
amount of $1,316,176 to fund the negative balance in the debt service fund; and,
Inter -Fund Loan from Sewer Access Fund (204) to City Hall Revenue Bond Fund (359) in
the amount of $16,577 to fund the negative balance in the debt service fund; and,
Inter -Fund Loan from Sewer Access Fund (204) to I-94 Capital Project Fund (468) in the
amount of $983,983 to fund the negative balance in the debt service fund; and,
Inter -Fund Loan from Sewer Access Fund (204) to Prairie Run Capital Project Fund (473)
in the amount of $746,029 to fund the negative balance in the capital project fund; and,
Inter -Fund Loan from Sewer Access Fund (204) to Flood Mitigation (498) in the amount of
$1,690 to fund the negative balance in the capital project fund;
BACKGROUND: Throughout the year, the City Council approves projects with plans to issue
bonds or some other type of financing at a later time. Inter -fund loans provide interim financing
until the other financing is completed. In some cases inter -fund loans are the primary source to
finance projects that have a very short financing term. An example of this is carrying
assessments for a project for a few years where it is not cost effective to issue new debt. At least
annually, City Staff and auditors review and recommend inter -fund loans/advances to fund
running negative balances so as to remain in compliance with Generally Accepted Accounting
Principles (GAAP).
POLICY CONSIDERATIONS: It is the Mayor and Council's policy to review and approve all
inter -fund loans/advances.
FINANCIAL CONSIDERATIONS: At least annually, the City of Albertville must fund all
negative running balances for Capital Projects, Debt Service or other miscellaneous funds in
Mayor and Council Communication — March 27, 2012
Finance Director — Resolution No. 2012-016 Page 2 of 2
accordance with General Accounting Principals (GAAP). The inter -fund loan or advance is a
loan from Sewer Access Charge Fund (SAC) to the respective negative balance funds at an
interest rate of equal to the rate of investment earned by the City's investments. Included in the
loan is a financial commitment detailing the source of funds to repay the loan. These inter -fund
loans are an inexpensive way to fund some City activities instead of issuing bonds.
LEGAL CONSIDERATIONS: The Mayor and Council have the authority to review and direct
staff to take action regarding all financial matters.
Submitted through: Larry R. Kruse, City Administrator
Department/Responsible Person: Finance/Tina Lannes, Finance Director
Attachments: Resolution No. 2012-016
24
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO.2012-016
A RESOLUTION AUTHORIZING AND DOCUMENTING
INTER -FUND LOAN TO FUND NEGATIVE FUND BALANCES
WHEREAS, the Albertville City Council has reviewed its annual audit; and
WHEREAS, an interfund loan is hereby established in the amount of $3,065,096 with
funds to be allocated into the following:
Fund 354
1999 Lease Revenue
$641
Fund 357
2003A GO Imp Bond
$1,316,176
Fund 359
C.H. Revenue Bond
$16,577
Fund 468
I-94
$983,983
Fund 473
Prairie Run
$746,029
Fund 498
CSAH 19 & 70th St. (North 19)
$1,690
NOW THEREFORE, BE IT RESLOLVED by the Albertville City Council to approve
an inter -fund loan from Fund 204 of $3,065,096 effective December 31, 2011 at an
interest rate of 0%.
Adopted by the Albertville City Council this 2nd day of April 2012
Mark Meehan, Mayor
Larry Kruse, City Administrator
25
To: Larry Kruse, City Administrator; Albertville City Council
From: Mike Couri
Date: March 28, 2012
Re: Attorney Report
Below is an update of the projects our office has been working on for the City.
• I-94 Ramps. Adam and I are working on the St. Michael I-94 inspection contract,
and I have been working with bond counsel to get the documents needed to issue
the bond to the City's bond counsel.
• Karston Cove 3rd Addition. As of this writing I am waiting to hear from the
Developer's attorney as to whether this item should be placed on the agenda.
• Miscellaneous Ordinance Enforcement Issues. I have been working with Jon
on enforcement issues related to the Stangler property.
Page 1 of 1
26
1-1
A,lbertvi lle Mayor and Council Communication
Small Town Living. Big City Ufa.
March 28, 2012
SUBJECT: Engineering — I-94 WB CD Road Improvements
RECOMMENDATION: This space on the agenda is reserved for the City Council to consider
approval and the plans and specifications and acceptance of the lowest bid received for the I-94
WB CD Road project. It is respectfully requested that the Mayor and Council consider the
following motion:
MOTION TO: approve Resolution No. 2012-019 entitled Resolution Accepting the Bid
BACKGROUND: As directed by the Council, the proposed I-94 WB CD Road project was
advertised and on March 13, 2012, bids for the improvements were opened. A total of six (6)
bids were received with quotes ranging from $6,645,796.85 to $7,744,239.84, as shown on the
attached Bid Tab.
Eureka Construction, Inc., of Lakeville, Minnesota, submitted the low bid for the project in the
amount of $6,645,796.85.
On March 19th, 2012, the Council held a Public Hearing on the improvement and ordered the
project.
The low bid proposal has been submitted to Mn/DOT Offices of State Aid and Civil Rights and
has been cleared for award by both.
If the Council chooses to award the contract, staff will prepare the contract manuals, notice the
Contractor of the award, and proceed with execution of the contract.
KEY ISSUES:
Low bid, as submitted by Eureka Construction, is $6,645,796.85.
Concurrence of low bid has been received by the State and project is cleared for award.
Award of contract obligates City to administer and fund project as previously agreed to in
the Mn/DOT DCP Agreement.
POLICY CONSIDERATIONS: Awarding construction bids and financing projects is done on
a project by project basis and is subject to Mayor and City Council approval.
FINANCIAL CONSIDERATIONS: The City expects to receive $5,737,688.80 from the State
for construction of the I-94 WB CD road. Wright County has committed up to $1,462,967.00
towards the project and benefited property is to be assessed $945,196. The City proposes to pay
a $4,113,700 PFA Loan back over a 20 year period. Interim financing will be done through use
of the Minnesota State Interchange Grant Program and draw down of the PFA Loan throughout
the project.
Meeting Date: April 2, 2012
Mayor and Council Communication — March 28, 2012
Engineering — I94 WB CD Road
Page 2 of 2
LEGAL CONSIDERATIONS: The Mayor and Council possess the authority to authorize
municipal improvements and to accept or reject bids for municipal improvements.
Submitted Through: Larry Kruse, City Administrator
Department/Responsible Person: Engineering / City Engineer Adam Nafstad
Attachments: Resolution No. 2012-091
Bid Abstract (in Mailbox)
BID TABULATION
W.B. T.H. 94 C-:D Road
Albert' ille, MN
S.P. No. 8680 —145 (T.H. 94 = 392)
SAP 242-010-003
Bids Taken: Tuesday, March 13, 2012 Addendum(s): #1— 2/20/2012
Time: 10:00 a.m. #2 — 2128/2012
#3 — 3/08/2012
#4— 3/09/2012
BIDDERS
AMOUNT BID
BIDBOND
ADDEND.
(S)
DBE
(%)
I Eureka Construction, Inc.
$6645,796.85
x
x
2.8
2 Shafer Contracting Co., Inc.
$6,723,937.64
x
x
5.0
3 Fehn Companies, Inc.
$6,724,178.66
x
x
8.0
4 C. S. McCrossan
$7,015,592.50
x
x
5.0
5 Veit Contracting
$7,376,683.08
x
x
11.0
6 Park Construction Company
$7.744,239.84
x
x
5.07
Meeting Date April 2, 2012
ME
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF M]aNNESOTA
RESOLUTION # 2012-019
RESOLUTION ACCEPTING BID
WHEREAS, plans and specifications for the improvement of Interstate 94 and CSAH 19
access by the addition of a westbound collector distributor (CD) interchange connection
between CSAH 37 and CSAH 19 have been prepared and such plans and specifications
have been presented and approved by the Albertville City Council; and
WHEREAS, pursuant to an advertisement for bids for the proposed improvements, bids
were received, opened and tabulated according to law; and
WHEREAS, it appears that Eureka Construction, Inc. of Lakeville, Minnesota is the
lowest responsible bidder for the proposed improvements; and
WHEREAS, pursuant to Mn/DOT Contract No. 99563, the City has requested and
receive concurrence of award from the State.
NOW, THEREFORE, be it resolved by the City Council of the City of
Albertville, Wright County, Minnesota, as follows:
1. The bid of Eureka Construction, Inc., said "Low Bidder" in the amount of
$6,645,796.85 for the construction of the proposed improvements, in accordance
with the plans and specifications and advertisement for bids, is the lowest
responsible bid.
2. Said bid of said Low Bidder is accepted.
3. The Mayor and City Clerk are hereby authorized and directed to enter into a
contract with said "Low Bidder" for the construction of said improvements for and
on behalf of the City of Albertville.
4. The City Clerk is directed to return the deposits of all bidders except the lowest
two bidders, which shall be held until a contract for the making of the
improvement is signed as set forth herein.
29
Adopted by the City Council of the City of Albertville this 2nd day of April, 2012.
Mark Meehan, Mayor
ATTEST:
Larry Kruse, City Clerk/Administrator
0
NbertVill-C Mayor and Council Communication
Small Town Wing. Blg CityUfs.
March 29, 2012
SUBJECT: Engineering — I-94 WB C-D Road Construction Administration
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following motions to proceed with administration of construction and the contract for the I-94
West Bound Collector Distributor Road project
MOTION TO: Approve service agreement with St. Michael entitled Agreement for Resident
Project Representative Services.
MOTION TO: To approve hiring the City of St. Michael, SRF,Bolton & Menk, and Braun
Intertec on an as needed hourly basis for construction administration, engineering, testing and
construction staking services, as required by the Mn/DCP Agreement, with management
oversight by the Albertville Public Works Director/City Engineer.
INFORMATION: Should the Council choose to award the construction contract and pursue
implementation of the improvements the City will need to provide construction administration
services, as required by the previously approved DCP agreement with Mn/DOT. Such services
generally include: project management, project engineering, construction observation, material
testing, construction staking, and general project oversight.
Staff proposed the following management team to provide the construction administrative
services:
Project Manager: To be provided internally by Public Works Director/City Engineer Adam
Nafstad. It is estimated that this position will require approximately 900
hours of service through total project completion.
Project Engineer: It is proposed that the project design engineers, SRF Consulting, provide
the continued engineering services as the project engineer. It is estimated
that this position will require approximately 800 hours of service, or
approximately 20 hours a week through completion of the contract.
Inspection: It is proposed the Resident Project Representative (RPR) services be
jointly provided by Bolton & Menk and the City of St. Michael. It is
estimated that RPR services will require two (2) full-time on -site
employees through the duration of the project. It is estimated that each
RPR will provide approximately 2,200 hours of service through the
construction period.
Special Inspections: Special structural inspections or engineering needs related to the retaining
walls are provided by the design engineers, SRF Consulting. It is
estimated that approximately 400 hours of special inspections may be
required through the construction period.
Meeting Date: April 2, 2012
31
Mayor and Council Communication — March 29, 2012
I-94 Collector Distributor Road Project
Page 2 of 2
Construction Staking: Bolton & Menk continue to provide the survey and construction staking
services required for construction. It is estimated that approximately 650
hours of survey services will be required.
Material Testing: It is proposed that Braun Intertec be retained to provide the quality
assurance material testing required for the project. Braun's services will
include on -site and plant sampling and testing, as well as, laboratory
testing and reporting.
Because the actual professional service hours required for construction administration will be
dependant the Contractor's schedule and site conditions, it is recommended that all services be
provided on an as -needed hourly basis and at a set hourly rate. Based on the total estimated
services hours and assumed testing schedule, the estimated total construction administration cost
is $835,000.
KEY ISSUES:
• Estimated cost of construction administration is $835,000. The budgeted projection for the
services is $894,000.
• The St. Michael service agreement represents a partnership that provides value and a savings
to both communities.
• Services contracts would be entered into with each entity on an as needed hourly basis.
FINANCIAL CONSIDERATIONS: The estimated costs of the professional services needed
to administer the project have been included in the total project cost estimates. The City expects
to receive $5,737,688.80 from the State for construction of the I94 WB CD road. Wright County
has committed up to $1,640,000 towards the project and benefited property is to be assessed
$945,196. The City proposes to pay a $4,113,700 PFA Loan back over a 20 year period. Interim
financing will be done through use of the Minnesota State Interchange Grant Program and draw
down of the PFA Loan throughout the project.
LEGAL CONSIDERATIONS: The Mayor and Council possess the authority to seek and
authorize consulting services for municipal improvement projects.
Submitted Through: Larry R. Kruse, City Administrator
Department/Responsible Person: Engineering/Adam Nafstad, City Engineer
Attachments: St. Michael Agreement
Meeting Date: April 2, 2021
32
AGREEMENT FOR RESIDENT PROJECT REPRESENTATIVE SERVICES
This Agreement, made this <insert day> day of <insert month, 2012, by and between, the City
of Albertville, MN, hereinafter referred to as ALBERTVILLE, and the City of St. Michael, MN,
hereinafter referred to as ST. MICHAEL.
WITNESS, whereas ALBERTVILLE desires assistance with resident project representative
services in conjunction with the Interstate 94 Westbound Collector -Distributor Road
Improvements and whereas ST. MICHAEL desires to furnish the services required by
ALBERTVILLE.
NOW, THEREFORE, in consideration of the mutual covenants and promises between the parties
hereto, it is agreed:
SECTION I —DEFINITIONS
A. The following words as used in this Agreement are defined as follows:
1. WORK: Shall be as defined by Mn/DOT Standard Specifications for Construction, 2005
Edition
2. CONTRACTOR: Shall be as defined by Mn/DOT Standard Specifications for
Construction, 2005 Edition
3. CONTRACT DOCUMENTS: The Contract Documents consist of the following,
including all addenda issued prior to the opening of bids and modifications issued after
execution of the award of contract:
a. Bid Documents (Advertisement, Information to Bidders, Proposal and Bid
Security)
b. Agreement
c. Performance Bond and Payment Bond
d. Special Provisions
e. Specifications ( General and Specific Requirements)
f. Conditions of the Contract (General, Supplementary and other Conditions)
g. Addenda
h. Plans and Drawings (sometimes referred to as "Drawings")
4. WORK ORDER: Shall be as defined by MWDOT Standard Specifications for
Construction, 2005 Edition
5. CHANGE ORDERS: Shall be as defined by Mn/DOT Standard Specifications for
Construction, 2005 Edition
Page 1 of 9
33
6. DRAWINGS: The Drawings are all plans, drawings or reproductions of drawings issued
by the engineer pertaining to the work and provided or referenced for in the Contract
Documents.
7. RECORD DRAWINGS: Documented plans, drawings, diagrams, notes or pictures used
to depict the as -construction condition, location or type of work completed.
8. SHOP DRAWINGS: All drawings, diagrams, illustrations, schedules and other data or
information which are specifically prepared or assembled by or for Contractor and
submitted by Contractor to illustrate some portion of work.
SECTION II — ST. MICHAEL'S SERVICES
A. ST. MICHAEL agrees to perform various services in connection with the proposed project,
or other Albertville projects, as described in Section IV.
SECTION III — ALBERTVILLE'S RESPONSIBILITIES
A. ALBERTVILLE shall promptly compensate ST. MICHAEL in accordance with Section V
of this Agreement.
B. ALBERTVILLE shall place any and all information necessary for construction observation
in its custody at the disposal of ST. MICHAEL for its use. Such information shall include
but shall not be limited construction plans and surveys, soil surveys, utility agreements,
quantity tables, recording and reporting documents, project manuals, and other information
requested by ST. MICHAEL.
C. ALBERTVILLE will provide and pay for a field office and all inspection equipment
necessary, with the exception of a vehicle, for ST. MICHAEL' S use.
D. ALBERTVILLE will give prompt notice to ST. MICHAEL whenever ALBERTVILLE
observes or otherwise becomes aware of any defect or change in the proposed project.
E. ALBERTVILLE shall designate its City Engineer ("City Engineer") to act as a liaison
person to ST. MICHAEL' S representative with respect to services to be rendered under this
Agreement. Albertville's City Engineer shall have the authority to transmit instructions,
receive instructions, receive information, interpret and define ALBERTVILLE'S policies
with respect to the project and ST. MICHAEL'S services.
F. ALBERTVILLE shall provide such legal, accounting, independent cost estimating and
insurance counseling services as may be required for completion of the ST. MICHAEL
services described in this agreement.
Page 2 of 9
ON
G. ALBERTVILLE will obtain any and all regulatory permits required for the proper and
legal execution of the project.
H. ALBERTVILLE will hire, as it desires, an independent test company to perform laboratory
and material testing services, and soil investigation that can be justified for the proper
construction of the project. ST. MICHAEL shall assist with the administration and
recording of the testing, but will not be required to perform material testing. Payment for
testing services shall be made directly to the testing company by ALBERTVILLE and is
not part of this Agreement.
SECTION IV - RESIDENT PROJECT REPRESENTATIVE
ST. MICHAEL will furnish a Resident Project Representative(s) (RPR), to assist
ALBERTVILLE in observing performance of the Work of the CONTRACTOR.
Through more extensive on -site observations of the Work in progress and field checks of
materials and equipment by the RPR(s), ST. MICHAEL assists ALBERTVILLE in monitoring
the progress and quality of the work; but, it is agreed that the furnishing of such services will not
make ST. MICHAEL responsible for or give ST. MICHAEL control over construction means,
methods, techniques, sequences or procedures or for safety precautions or programs, or
responsibility for CONTRACTOR'S failure to perform the Work in accordance with the Contract
Documents.
The duties and responsibilities of the RPR are limited to those required of ALBERTVILLE'S
inspector as set out in the Contract Documents and as further set out in this Agreement.
A. GENERAL
RPR is an ALBERTVILLE agent at the site, will act as directed by and under the supervision of
ALBERTVILLE, and will confer with ALBERTVILLE regarding RPR's actions. RPR's
dealings in matters pertaining to the on -site work shall in general be with ALBERTVILLE
and/or CONTRACTOR. RPR's dealings with subcontractors shall only be through or with the
full knowledge and approval of CONTRACTOR. RPR shall generally communicate with
CONTRACTOR with the knowledge of and under the direction of ALBERTVILLE.
B. DUTIES AND RESPONSIBILITIES OF RPR
1. Generally: Whenever in this document the RPR is required to make a determination
as to whether something is required, RPR is to consult the Contract Documents,
including any Work Order, Addenda, Change Orders, additional Drawings issued
subsequent to the execution of the Contract, ALBERTVILLE'S clarifications and
interpretations of the Contract Documents, progress reports, and other Project related
documents. If after consulting such documents, the RPR is uncertain as to what may
be required in any particular situation, RPR is to consult with the City Engineer for
clarification. Whenever in this document the RPR is required to communicate with or
Page 3 of 9
35
report to ALBERTVILLE, the RPR is to report to or communicate with the City
Engineer.
2. Schedules: Review the progress schedule, review of Shop Drawing submittals and
review the schedule of values prepared by CONTRACTOR and consult with
ALBERTVILLE concerning acceptability.
3. Conferences and Meetings: Attend meetings with CONTRACTOR, such as
preconstruction conferences, progress meetings, job conferences and other project
related meetings.
4. Liaison:
a. Serve as an ALBERTVILLE liaison with CONTRACTOR, working principally
through CONTRACTOR'S superintendent and assist in understanding the intent
of the Contract Documents; and assist other Albertville agents in serving as
ALBERTVILLE'S liaison with CONTRACTOR when CONTRACTOR'S
operations affect ALBERTVILLE'S on -site operations.
b. Assist in obtaining additional details or information, when required for proper
execution of the Work or when required by ALBERTVILLE.
5. Shop Drawings and Samples:
a. Record date of receipt of Shop Drawings and samples.
b. Receive samples which are furnished at the site by CONTRACTOR, and notify
ALBERTVILLE of availability of samples for examination.
c. Advise ALBERTVILLE and CONTRACTOR of the commencement of any
Work requiring a Shop Drawing or sample if the submittal has not been approved
by ALBERTVILLE.
6. Review of Work, Rejection of Defective Work, Inspections and Tests:
a. Conduct on -site observations of the Work in progress to assist ALBERTVILLE in
determining if the Work is in general proceeding in accordance with the Contract
Documents.
b. Report to ALBERTVILLE whenever RPR believes that any Work is
unsatisfactory, faulty or defective or does not conform to the Contract
Documents, or has been damaged, or does not meet the requirements of any
inspection, test or approval required to be made; and advise ALBERTVILLE of
Work that RPR believes should be corrected or rejected or should be uncovered
for observation, or requires special testing, inspection or approval.
c. Verify that tests are conducted in the presence of appropriate personnel, and that
CONTRACTOR maintains adequate records thereof; and observe, record and
Page 4 of 9
36
report to ALBERTVILLE appropriate details relative to the test procedures and
startups.
d. Accompany visiting inspectors representing public or other agencies having
jurisdiction over the Project, record the results of these inspections and report to
ALBERTVILLE.
7. Interpretation of Contract Documents: Report to ALBERTVILLE when clarifications
and interpretations of the Contract Documents are needed and transmit to
CONTRACTOR clarifications and interpretations as issued by ALBERTVILLE.
8. Modifications: Consider and evaluate CONTRACTOR'S suggestions for
modifications in Drawings or Specifications and report with RPR's recommendations
to ALBERTVILLE. Transmit to CONTRACTOR decisions as issued by
ALBERTVILLE.
9. Records:
a. Maintain orderly files for correspondence, reports or job conferences, Shop
Drawings and samples, reproductions of original Contract Documents including
all Work Order, Addenda, Change Orders, additional Drawings issued subsequent
to the execution of the Contract, ALBERTVILLE'S clarifications and
interpretations of the Contract Documents, progress reports, and other Project
related documents.
b. Keep a diary or log book, recording CONTRACTOR hours on the job site,
weather conditions, data relative to questions of Work Orders, Change Orders or
changed conditions, list of job site visitors, daily activities, decisions,
observations in general, and specific observations in more detail as in the case of
observing test procedures.
c. Record names, addresses and telephone numbers of all CONTRACTORS,
subcontractors and major suppliers of materials and equipment.
10. Reports:
a. Furnish ALBERTVILLE periodic reports as required of progress of the Work and
of CONTRACTOR'S compliance with the progress schedule and schedule of
Shop Drawing and sample submittals.
b. Consult with ALBERTVILLE in advance of scheduled major tests, inspections or
start of important phases of the Work.
c. Draft proposed Change Orders and Work Orders, obtaining backup material from
CONTRACTOR and recommend to ALBERTVILLE Change Orders and Work
Orders.
Page 5 of 9
37
d. Report immediately to ALBERTVILLE upon the occurrence of any accident.
11. Payment Requests: Review applications for payment with CONTRACTOR for
compliance with the established procedure for their submission and forward with
recommendations to ALBERTVILLE, noting particularly the relationship of the
payment requested to the schedule of values, Work completed and materials and
equipment delivered at the site but not incorporated in the Work.
12. Certificates, Maintenance and Operation Manuals: During the course of the Work,
verify that certificates, maintenance and operation manuals and other data required to
be assembled and furnished by CONTRACTOR are applicable to the items actually
installed and in accordance with the Contract Documents, and have this material
delivered to ALBERTVILLE for review prior to payment for the Work.
13. Completion:
a. Conduct final inspection in the company of ALBERTVILLE, and
CONTRACTOR and prepare a final list of items to be completed or corrected.
b. Observe that all items on final list have been completed or corrected and make
recommendations to ALBERTVILLE concerning acceptance.
c. Assist in preparation of Record Drawings and provide copies of documentation
requested by ALBERTVILLE for occupation of the Project.
C. LIMITATIONS OF AUTHORITY
It is agreed that Resident Project Representative(s) responsibility and obligations do not include
the following actions nor shall RPR be directed to or be empowered to:
1. Authorize any deviation from the Contract Documents or substitution of materials or
equipment, unless authorized by ALBERTVILLE.
2. Exceed limitations of ALBERTVILLE'S authority as set forth in the Contract
Documents.
3. Undertake any of the responsibilities of CONTRACTOR, subcontractor or
CONTRACTOR'S superintendent.
4. Advise on, issue directions relative to or assume control over any aspect of the means,
methods, techniques, sequences or procedures of construction unless such advice or
directions are specifically required by the Contract Documents.
5. Advise on, issue directions regarding or assume control over safety precautions and
programs in connection with the Work.
Page 6 of 9
0
6. Accept Shop Drawing or sample submittals from anyone other than CONTRACTOR.
7. Authorize ALBERTVILLE to occupy the Project in whole or in part.
8. Participate in specialized field or laboratory tests or inspections conducted by others
except as specifically authorized by ALBERTVILLE.
SECTION V - COMPENSATION FOR SERVICES
A. FEES.
ALBERTVILLE will compensate ST. MICHAEL in accordance with the following
schedule of fees for the time spent in performance of Agreement services.
Schedule of Fees
Classification
Hourly Rates
Senior Technician $65.00/Hour
2. The foregoing hourly rate shall be reimbursement in full for all indirect and direct
expenses, and shall include vehicle use and overtime wages, unless agreed to otherwise.
B. The payment to ST. MICHAEL will be made by ALBERTVILLE upon billing at intervals
not more often than monthly at the herein rates.
SECTION VI - GENERAL
A. STANDARD OF CARE
Services provided under this Agreement will be conducted in a manner consistent with that
level of care and skill ordinarily exercised by ST. MICHAEL engineering staff under
similar conditions. No warranty, express or implied, is made.
B. LIMITATION OF LIABILITY
ST. MICHAEL shall indemnify, defend, and hold harmless ALBERTVILLE and its
officials, agents and employees from any loss, claim, liability, and expense (including
reasonable attorneys' fees and expenses of litigation) arising from, or based in the whole,
or in any part, on any negligent act or omission by ST. MICHAEL'S employees agents, or
consultants. In no event shall ST. MICHAEL be liable to ALBERTVILLE for
consequential, incidental, indirect, special, or punitive damages.
Page 7 of 9
Q
ALBERTVILLE shall indemnify, defend, and hold harmless ST. MICHAEL and its
officials, agents and employees from any loss, claim, liability, and expense (including
reasonable attorneys' fees and expenses of litigation) arising from, or based in the whole,
or in any part, on any negligent act or omission by ALBERTVILLE'S employees, agents,
or consultants. In no event shall ALBERTVILLE be liable to ST. MICHAEL for
consequential, incidental, indirect, special, or punitive damages.
Nothing contained in this Agreement shall create a contractual relationship with or a cause
of action in favor of a third party against either ALBERTVILLE or ST. MICHAEL. ST.
MICHAEL'S services under this Agreement are being performed solely for
ALBERTVILLE'S benefit, and no other entity shall have any claim against ST. MICHAEL
because of this Agreement or the performance or nonperformance of services provided
hereunder.
In acknowledgment that ALBERTVILLE has previously determined the justification and
need for the proposed improvements and also controls operation of the completed project,
ALBERTVILLE agrees, to the fullest extent permitted by law, to limit and hold ST.
MICHAEL harmless from any liability to any person, firm or corporation arising from
claims relating to the justification (or improper justification), maintenance and operation of
the project.
C. INSURANCE
ST. MICHAEL agrees to maintain, at ST. MICHAEL' S expense, statutory worker's
compensation coverage on its employee(s) who act as RPR under this Agreement.
ST. MICHAEL also agrees to maintain, at ST. MICHAEL' S expense, general liability
insurance coverage insuring ST. MICHAEL against claims for bodily injury, death or
property damage arising out of ST. MICHAEL' S general business activities (including
automobile use). The liability insurance policy shall provide coverage for each person in
the minimum amount of $500,000 and for each occurrence in the minimum amount of
$1,500,000.
D. CONSTRUCTION SERVICES
It is agreed that ST. MICHAEL shall not be responsible for the means, methods,
techniques, schedules or procedures of construction selected by the contractor or the safety
precautions or programs incident to the work of the contractor.
E. PERSONNEL
It is understood that ST. MICHAEL personnel have emergency response, i.e. fire and
rescue, commitments and may have to temporarily leave the site upon such need. It is
understood that at such times RPR services will be provided by ALBERTVILLE or its
agents.
F. PERIOD OF AGREEMENT
Page 8 of 9
This Agreement will remain in effect for the longer of a period of two years or such other
explicitly identified Project completion period, after which time the Agreement may be
extended upon mutual agreement of both parties.
G. TERMINATION
This Agreement may be terminated by either party for any reason or for convenience by
either party upon seven (7) days written notice.
In the event of termination, ALBERTVILLE shall be obligated to ST. MICHAEL for
payment of amounts due and owing including payment for services performed or furnished
to the date and time of termination, computed in accordance with Section V of this
Agreement.
H. SEVERABILITY
Any provision or part of the Agreement held to be void or unenforceable under any law or
regulation shall be deemed stricken, and all remaining provisions shall continue to be valid
and binding upon ALBERTVILLE and ST. MICHAEL, who agree that the Agreement
shall be reformed to replace such stricken provision or part thereof with a valid and
enforceable provision that comes as close as possible to expressing the intention of the
stricken provision.
SECTION VII - SIGNATURES
THIS INSTRUMENT embodies the whole agreement of the parties, there being no promises,
terms, conditions or obligation referring to the subject matter other than contained herein. This
Agreement may only be amended, supplemented, or modified by a duly executed written
instrument signed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their
behalf.
ALBERTVILLE:
ST. MICHAEL:
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W