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1994-01-18 CC Agenda/Packet
ALBERTVILLE CITY COUNCIL AGENDA January 18, 1993 I. CALL MEETING TO ORDER II. APPROVAL OF THE AGENDA III. APPROVAL OF CONSENT AGENDA ITEMS * Attached List IV. FOLLOW-UP SHEET * December 20, 1993 and January 3, 1994 V. APPROVAL OF THE MINUTES * December 13, 1993 - Special Meeting - WWTF * January 3, 1994 - Regular Meeting * January 10, 1994 - Special Meeting - Administrator VI. COMMUNITY FORUM - Diane Vinge - Culvert size - Rich Miller - Easement on 50th Street VII. DEPARTMENT BUSINESS 8.00 A. Legal - Indemnification Agreement - Parkside 2nd - Legal Contract - Engineering Contract B. ADMINISTRATION * Financial Statement (January 1 - January 12, 1994) (December 16-December 31, 1993) * Approve bills (Check #8169 - #8205) * Approve 1993 Cigarette Licenses Albertville Bar Dons Auto Hack's 152 Club Pat ' s 66 * Approve 1994 Gaming Licenses Albertville Bar - 6 machines 152 Club - 5 machines - Comp Time - Brimeyer Service Proposal for full-time Administrator * Approve 1994 Professional Contracts Building Inspector Recycling - Amend Budget: Recycling Contract Increase - Discussion regarding insurance coverage to protect City for open meetings - Move thermostat in City Park shelter - Newsletter - Purchase of Utility Program - Sign Proposal - Franklin Outdoor VIII, ADJOURN UPCOMING MEETINGS/IMPORTANT DATES January 20 Park Board - Regular Meeting February 7 City Council - Regular Meeting February 8 Planning Commission - Regular Meeting Will meet w/Park Board February 17 Park Board - Regular Meeting February 22 City Council - Regular Meeting ALBERTVILLE CITY COUNCIL January 18, 1994 Albertville City Hall 7:30 PM PRESENT: Mayor Mike Potter, Councilmembers Duane Berning, Sharon Anderson, Albert Barthel and John Vetsch, City Clerk Linda Houghton, City Engineers Thore Meyer and Norm Gartner Mayor Potter called the regular meeting of the Albertville City Council to order. The agenda was amended as follows: Community Forum Diane Vinge will not address the Council until the February 7, 1994, meeting Administration (1) Discussion on whether to pursue an administrator (2) Discussion on reclassification of secretary and maintenance assistant positions from permanent full-time to permanent part-time (5 hours per day) (3) Discussion on having Zoning Administrator attend Planning & Zoning meetings Berning made a motion to approve the agenda as amended. Anderson seconded the motion. All voted aye. Berning made a motion to approve the Follow-up Sheet from the December 20, 1993, and January 3, 1994, meetings as presented. Vetsch seconded the motion. All voted aye. Berning made a motion to approve the minutes of the December 13, 1993, special meeting as presented. Vetsch seconded the motion. All voted aye. Berning made a motion to approve the minutes of the January 3, 1994, meeting as presented. Vetsch seconded the motion. All voted aye. The minutes of the January 10, 1994, special meeting to discuss the proposal from The Brimeyer Group to recruit an administrator were amended on Page 2, Paragraph 9, to read "the salary would range up to $50,000". Berning made a motion to approve the minutes of the January 10, 1994, meeting as amended. Vetsch seconded the motion. All voted aye. The Council discussed Rich Miller's concerns over the easement he signed for the 50th Street project. Miller claims that before he signed the easement, he was promised a second driveway, which he did not get. He is looking for some compensation for the approximate 1200 square foot easement that he signed. Linda was directed to contact Meyer-Rohlin and get the original plan notes ALBERTVILLE CITY COUNCIL January 20, 1994 Page 2 of 6 from the Miller property. Linda will also get copies of all other easements granted for the construction of 50th Street. The Council will discuss the issue at the next meeting. Because the attorney was not yet present, the Council moved onto the Administration agenda. Berning made a motion to approve the Financial Statements from December 16 - December 31, 1993, and from January 1 - January 12, 1994, as presented. Vetsch seconded the motion. All voted aye. Berning made a motion to approve payment of Check #'s 8169 - 8205 as presented. Vetsch seconded the motion. All voted aye. Berning made a motion the following businesses: Albertville Bar Don's Auto Hack's 152 Club Pat's 66 ^ Vetsch seconded the motion. to approve 1994 Cigarette Licenses for All voted aye. Berning made a motion to approve 1994 Gaming Licenses for the following businesses: Albertville Bar - 6 machines 152 Club - 5 machines Vetsch seconded the motion. All voted aye. Councilmember Anderson questioned whether the City should continue to allow employees to accrue comp time rather than paying overtime directly. Linda explained that the City would pay additional payroll taxes if straight overtime were paid each pay period. Linda stated she personally prefers to accruing comp time and having the option of taking an afternoon or a day off occasionally. The policy is that employees can accrue only up to 24 hours of comp before they are required to be paid for the overtime. Anderson indicated that she felt the Council would have a better handle on overtime hours if the employees were paid straight overtime. Anderson made a motion that employees be denied comp time and be paid at an overtime rate for additional hours. The motion died for a lack of a second. Councilmember Vetsch requested that the Council review the comp time issue again in six months. The Council discussed the proposal from The Brimeyer Group to recruit an administrator. Linda expressed the opinion that the Council may be premature in contracting with a group to locate an administrator when the Council may not have clear objectives or goals in mind. She suggested that the Council consider the option ALBERTVILLE CITY COUNCIL January 20, 1994 Page 3 of 6 that Jim Brimeyer discussed regarding a goal setting and objective planning session with the Council and the other various boards to establish a plan. Councilmember Berning indicated that a person had contacted him concerning a part-time administrator's position. He indicated that he is not convinced that a person willing to accept a part-time administrator cannot be located. Resident Jim Walsh told the Council he is agreement with the City establishing a goal and objective plan and there are other firms that assist companies with that project. His firm used a consultant to assist in this area and he is willing to give that person's name to the City to contact. The Council concurred that Linda should check out what resources are available to assist Cities in setting goals and objectives by contacting the League of Minnesota Cities. She was also directed to contact The Brimeyer Group to get a cost estimate for their services in a planning session. Jim Walsh will provide the source his firm used and Linda will contact that firm as well. The Council will consider the available information at the next Council meeting. Berning made a motion to approve the contract with Diversified Inspection Services for 1994 as presented. Vetsch seconded the motion. All voted aye. Berning made a motion to approve the contract with Wright Recycling services for 1994 at a $600 per month cost. Vetsch seconded the motion. All voted aye. Linda explained that she had reviewed the 1994 budget and could find no area other than a capital outlay item where money could be moved to cover the increase in the recycling costs from $435 a month to $600 per month. The Council suggested that the maintenance department could do without a pressure washer that was budgeted, since there is one at the expanded wastewater treatment plant. Linda will discuss the question with the maintenance deparmtne and make a recommendation for amending the 1994 budget to cover the additional expense in recycling. Vetsch made a motion to set a special meeting for February 7, 1994, for the purpose of amending the 1994 budget to include the increased recycling costs. City Attorney Mike Couri reviewed the Indemnification Agreement with Kenco, Inc. for Parkside 2nd Addition. City r-� Engineer Pete Carlson recommends that gravel should be down before building permits are issued. However, the Certificate of Occupancy is always the leverage that can be used to insure that the street is completed. Couri explained that according to the Developer's ALBERTVILLE CITY COUNCIL January 20, 1994 Page 4 of 6 Agreement June 30th is the deadline for completion of the first lift of blacktop. The Council concurred that the Indemnification Agreement will expire on its own on August 31,1 994. Attorney Couri reviewed the Legal Services Contract with the Council. The contract will be amended to include that Radzwill Law Office will make available to the City proof of its Errors and Omissions Insurance coverage. Anderson made a motion to approve the Legal Services Contract with Radzwill Law Office for 1994 as amended. Berning seconded the motion. All voted aye. Couri next reviewed the contract for engineering services for 1994 with RCM. The contract is based on standard engineering guidelines. Pete Carlson told that Council that at their discretion he would write give the Council a memo regarding his estimate of hours needed and the projected cost of his work. Couri recommended that the Council contracts all engineering work on an hourly basis, unless the Council chooses to use a total project cost. CArlson indicated that he prefers to use a not -to -exceed figure when going on the hourly rate. Couri also recommends that the engineer provide the City proof of Errors and Omission insurance. Vetsch made a motion to approve the contract with RCM with the amendments as recommended by Attorney Couri. Anderson seconded the motion. All voted aye. Mayor Potter updated the Council on the joint meeting with Pete Carlson, Thore Meyer and Norm Gartner. The result of the meeting is that Meyer-Rohlin, Inc. will complete the projects currently under construction. The projects to be completed by Meyer-Rohlin are Psyk's 5th, Hardwood Ponds 2nd, Westwind 3rd, Parkside 1st and 2nd, 50th Street, expansion of wastewater treatment facility, sewer upgrade project on Main Avenue, the Savitski ditch cleanout and Barthel Commercial Park. The projects that have been discussed, but are not at this point under construction, will be under the direction of RCM. These include the Frankfort/MNDoT/Albertville Drainage project, the I-94 water and sewer crossing and the Otsego Creek agreement. Mayor Potter presented a letter of appreciation to Ken Lindsay recognizing his efforts to plow snow even though he was under doctor's orders to stay home from work. Linda was directed to get further information on the new insurance available for public officials to pay legal expenses against charges of violation of the Open Meeting Law. The Council agreed to have the thermostat in the Park Shelter building moved to an area inaccessible to the general public at a cost of approximately $50. ALBERTVILLE CITY COUNCIL January 20, 1994 Page 5 of 6 The Council discussed having the City staff prepare a semi- annual newsletter in the spring and fall. The Council agreed that the newsletter should be sent out in May and October. Linda will contact each City board to get articles of interest for the newsletter. Vetsch made a motion to accept the proposal from Franklin Outdoor Sign to letter the door and to change the exterior sign for City Hall in the amount of $566.00. Berning seconded the motion. All voted aye. The Council again discussed whether to pursue hiring an administrator for the City. Councilmember Vetsch stated that he thinks an administrator is needed somewhere along the line but he is not sure whether the City needs a full-time or a part-time administrator. Howard Larson feels that the City first needs to review the Comprehensive Plan and determine exactly what the City is looking for before any decision is reached. As discussed earlier in the meeting, Linda will gather information on what services are available to aid the City is n setting goals and objectives. Mayor Potter stated that he feels the City currently requires between 1.5 and 1.75 employees in each of the Administrative and Maintenance Departments. He proposed to reclassify the secretarial position and the maintenance helper position from permanent full- time to permanent part-time at five hours per day. Linda pointed out that the fourth lowest employee per capita in the state is Brooklyn Park and they have 3.65 employees per 1000 residents. Based on that formula and an estimated 1993 population of 1500, the City would employ 5.5 employees, compared to its four current employees. Jim Walsh stated that he has the feeling that this Council is on a "witch hunt" and is looking for a reason to get rid of each of the current employees. Councilmember Berning stated he does not agree with Walsh's comments. Howard Larson stated that since the City hired its current employees on a 8-hour per day basis, he feels it is unfair and unbusiness-like for the Council to cut back employee hours without giving the employees some prior notification. Kathy Hanson questioned why the Council chooses not to invest in their current employees by educating them in specific areas. There was no further discussion or decision reached regarding employee status. /'1 ALBERTVILLE CITY COUNCIL January 20, 1994 Page 6 of 6 Mayor Potter also brought up that he feels the Zoning Administrator should attend all Planning Commission meetings. Linda explained that it had been policy for her not to attend the meetings, however, she meets with the planner monthly to discuss projects coming before the Commission and she meets with Ann after each Commission meeting to discuss and review the actions. Howard Larson, a member of the Planning Commission, stated that since he has been on the Commission, he is unaware of any problems that have resulted from Linda not being at the meeting and he has never been disappointed in how the meetings are handled. Attorney Couri suggested that two Councilmembers meet with Linda to discuss the situation and work out the details together. Mayor Potter and Councilmember Berning will meet with Linda. Linda was directed to contact Kerry Saxton from the Soil Conservation District to see how to get aerial photos of the City. Berning made a motion to adjourn at 10:45 PM. Anderson seconded the motion. All voted aye. Michael Potter, Mayor Linda Houghton, Clerk ALBERTVILLE CITY COUNCIL CONSENT AGENDA ITEMS .January 18, 1994 III. APPROVAL OF CONSENT AGENDA - Minutes of December 13, 1993 - Special Meeting - WWTF - Minutes of January 3, 1994 - Regular Meeting - Minutes of January 10, 1994 - Special Meeting - Administrator - Financial Statement (January 1 - January 12, 1994) (December 16 - December 31, 1993) - Follow Up Sleet - December 20 & January 3 - Approve bills (Check #8169 - #8205) - Approve 1994 Cigarette Licenses - Approve 1994 Gaming Licenses - Approve professional contracts Building Inspector Recycling CITY OF ALBERTVILLE FOLLOW UP SHEET DECEMBER 6, 1993 DATE ACTION TO BE TAKEN PERSON 1993 6/21 Review sewer rates in 6 months. a�,Xril 12/6 Check the area around the catch basin on 51st CjLxwd-I Street before the next meeting 12/6 Meet with the engineer to review the calculations Potter Done for sizing the culvert on L & D Trucking property Farthsl 12/20 Check with Mtnc. Dept. to see if any "No Parking" Linda signs available for City Park. 12/20 Check to see if property markers were Norm relocated along 50th Street. 12/10 Contact TIMCO to clarify #6,7, & 8 of letter Linda dated 12/14 /93. 12/20 Contact W.C. Court Admin. as follow-up on Linda Done Ackerman case. 12/20 Purchase time clock for WWTF. Linda 1/3 12/20 Procedure Book Linda/Ann 12/20 Prepare detailed 1993 expenditure report on Linda WWTF. 1/3 Check files regarding Widmer`s involvement Norm in stockpiling dirt on Hennum`s property. 1/3 Meet with W.C. Sheriff's Dept. re: clarification Linda of addresses on Jason, 61st, and 62nd. 1/3 Obtain copies of ordinances regulating closing Linda times in the bars and regulating minors in those establishments. ALBERTVILLE CITY COUNCIL SPECIAL MEETING December 13, 1993 Albertville City Hall 7:30 PM PRESENT: Mayor Mike Potter, Councilmembers John Vetsch, Duane Berning, Sharon Anderson and Albert Barthel, City Engineers Norm Gartner, City Attorney Mike Couri, City Clerk Linda Houghton Mayor Potter called the special meeting of the Albertville City Council to order. The purpose of the meeting is to discuss the operation of the wastewater treatment facility. The Council has received a price for contracted maintenance from PSG for one year's operation in the amount of $104,679. Linda reported that the operational costs for the wastewater treatment facility from January through October 1993 was $53,412.11. This includes the portion of wages and benefits proportionate to the hours spent at the facility. The largest single expenditure in 1993 was for alum, totaling $25,441.49 for the year. Norm, Linda and Ken met earlier to refine the anticipated operational costs of the facility using City staff. A proposed expense budget was drafted and presented to the Council. Expenditures are anticipated around $85,000. This figure includes 30% of the wage and benefit package paid to the two maintenance employees, as well a $7,500 repair and replacement fund. The Chemical budget was set at $10,000, although Norm explained that as a result of the benchmark testing that was done, he felt that the chemical budget was on the extreme high end. Because Linda was concerned over the difference between what had been spent on chemicals in 1993 and what Norm was projecting for 1994, the formula used to calculate chemical additions was doubled to arrive at the $10,000 ma_'.. Ken Lindsay has also gotten a lower bid price on chemical and delivery than the City has been paying. Norm estimates that it should not be necessary to spend more than 1-2 hours daily at the wastewater site to operate the facility. Potter expressed concern that PSG has anticipated that it will require 4-5 hours per day to operate the system. Resident Jim Walsh stated that he is opposed to contracting with outside firms to operate the City's wastewater plant. He cited the example of the Joint Powers Board with a contract maintenance firm and the disappointment the City of Albertville has experienced because of that. Resident Gary Schwenzfeier also expressed opposition to removing the wastewater plant from the City's direct operation. Mayor Potter stated that contracting out the operation of the wastewater treatment plant does not seem to be a viable option at this point. however, he added, it was the Council's responsibility to check all options to determine the most cost effective way to operate City services. Mayor Potter will schedule another meeting at a later date to meet with PSG to discuss questions about the contract proposed. Vetsch made a motion to adjourn at 9:00 PM. Berning seconded the motion. All voted aye. Michael Potter, Mayor Linda Houghton, Clerk ALBERTVILLE CITY COUNCIL January 3, 1994 Albertville City Hall 7:30 PM PRESENT: Mayor Mike Potter, Councilmembers Duane Berning, Sharon Anderson, Albert Barthel and John Vetsch, City Clerk Linda Houghton, City Engineers Thore Meyer and Norm Gartner Mayor Potter called the regular meeting of the Albertville City Council to order. The agenda was amended with the following additions under Administration: Check # 8167 - Kathy Hanson (14.5 Hrs @ $20/hr.) 290.00 Check # 8168 - NSP (Wire/Install light at 1,439.35 Four Seasons Park) Discuss purchase of used time clock Berning made a motion to approve the agenda as amended. Vetsch seconded the motion. All voted aye. The minutes of the December 20, 1993, meeting were amended on Page 5, Paragraph 8 to add the following: "Vetsch seconded the motion. All voted aye." Anderson made a motion to approve the minutes of the December 20, 1993, City Council meeting as amended. Barthel seconded the motion. Mayor Potter asked for further discussion. Resident Jim Walsh asked to discuss portions of the minutes before the vote for approval was taken. He specifically asked why the meeting with The Brimeyer Group was scheduled for 5:00 PM instead of the usual 7:00 PM or 7:30 PM time. Mayor Potter stated that Walsh was out of line and, as mayor, he would have Walsh removed from the meeting if it continued. Mayor Potter called for a five minute recess at 7:37 PM and left the Council chambers. The meeting was reconvened at 7:40 PM. Mayor Potter recognized resident Jim Walsh's question regarding the time of the special meeting on Monday, January 10 and will discuss the question under Community Forum. Howard Larson questioned the minutes regarding why the culvert size for L & D Trucking property was increased from the 21" culvert as calculated by the City engineers to a 30" culvert and who is paying the difference between the culvert sizes. Mayor Potter stated that the Council wanted to be sure that the culvert would be of sufficient size to ensure that the Barthel, Marx and Psyk properties would not have water backing up. The property owner (L & D Trucking) has agreed to install whatever size culvert the City requested. Councilmember Barthel added that the culvert underneath the railroad is a 30" culvert and he wanted to be sure that future problems would not be created by installing a smaller culvert. ALBERTVILLE CITY COUNCIL January 3, 1994 Page 2 of 5 Mayor Potter called for a vote on the minutes of the December 20, 1993, meeting. All voted aye. Jim Walsh questioned why the special meeting with The Brimeyer Group was scheduled for 5:00 PM when some concerned residents were unable to attend a meeting because of work schedules. He specifically asked for the reason that the meeting was not scheduled at the usual 7:00 or 7:30 PM start times. Mayor Potter stated that no decision will be reached at this special meeting and the Council will be listening to a proposal only. Potter added that any decision concerning this proposal will be made at a regular City Council meeting. Mayor Potter directed the clerk to contact The Brimeyer Group and request that the meeting be changed to either a 7:00 or 7:30 PM start time. Walsh questioned why, if there is to be no decision reached at this special meeting on January 10, there is a special meeting at all. Walsh also questioned if the Council would be paid for attending this special meeting and Potter answered yes. Corny Paulson asked where the money to pay the consultant's fee is coming from and, if the decision is made to hire an administrator, where that money is coming from and who is being replaced. Mayor Potter indicated that there is a ten-minute limit on Community Forum items and Walsh's ten minute limit was over. Walsh asked Mayor Potter if he had any discussions with or made any offer to anyone within the City's employment to accept a position other than the one they are in. Mayor Potter answered no. Walsh again asked if Potter had made an offer to an employee to accept another position if an administrator is hired. Potter answered he had not made an offer. Walsh rephrased his question to ask if Potter had made a "suggestion" of this nature. Potter stated Walsh would have to ask City Attorney Radzwill. Corny Paulson asked if Potter and anyone else had met with an employee to discuss this issue. Potter stated that Paulson would have to talk to Mr. Radzwill. Potter asked that the residents refrain from this area of questioning. Paulson asked if any other members of the Council were aware that Potter had scheduled this meeting. Potter stated he did not know if the other Councilmembers were aware of the meeting beforehand and that the meeting was never brought up before the Council. Tim Phillips questioned why the dirt stockpiled up on the Hennum property has not been removed. The building inspector had red -tagged the site and later an additional load of dirt was dumped by Widmer, Inc., from the street sweepings on Lander Avenue. City Engineer Norm Gartner notified Widmer, Inc. the same day as the Phillips notified the City that the dirt must be removed. Norm ALBERTVILLE CITY COUNCIL January 3, 1994 Page 3 of 5 will check his files regarding Widmer's involvement. Linda was directed to verify the facts and send a letter to Hennum regarding the dirt. A copy of the letter will be sent to Phillips as well. Gary Schwenzfeier asked the Council if there was money was budgeted in the 1994 budget to pay the costs of hiring a firm to locate an administrator. Mayor Potter stated that no money was budgeted for this consultant. Howard Larson asked if the Council had an estimate of the cost of legal fees and other costs to the City because of the assessment appeals filed by the residents of 50th Street. Potter stated the Council had no idea what those costs would be. Larson questioned where the money to cover those expenses would come from. Larson stated that the rumor in town is that the City is planning to build a $750,000 fire hall on a lease/purchase agreement and would like to know if there is any truth to this rumor. Potter stated that there was a committee formed last year to look into building a new fire building, but that the first estimate that he had seen was for $390,000. Larson questioned if there is a lease/purchase agreement being considered. Potter stated there was not, that it was just one avenue of exploration. Potter explained that there is a budget for this expenditure and they were trying to find out if a building could be constructed for what was in that budget and that is as far as it has gotten. Larson questioned if the Council will notify the public should they decide to pursue a lease/purchase agreement. Anderson stated that the fire building committee is exploring different options and nothing is concrete. Gartner stated that all testing of major equipment at the wastewater plant has been done and the City has a letter dated December 30, 1993, from the MPCA stating that the special conditions on the sewer extension permits for the new additions are lifted and are now allowed to connect to the wastewater system. The new apartment complex is at this time on line. The ponds are being filled and Norm anticipates total operation of the facility sometime in March. Howard Larson questioned if the figures of discharge into Otsego Creek have been given to Otsego. Potter replied that Otsego has all the necessary figures. Mayor Potter next called attention to his proposed appointment list and asked if there was any discussion. Berning stated that he would like to acknowledge reading the letter dated January 3, 1994, from Meyer-Rohlin requesting that the Council delay the appointment of a city engineer until Meyer-Rohlin had a chance to ALBERTVILLE CITY COUNCIL January 3, 1994 Page 4 of 5 discuss the issue with the Council. Barthel made a motion to table appointment of the City Engineer until the Council meets with Meyer-Rohlin. The motion died for lack of a second. Thore Meyer stated that he was disappointed in the way Meyer- Rohlin, Inc. found out that the firm was not to be appointed and that he received no notification until he picked up the agenda packet this morning and read it on the appointment list. He felt that after having worked with this City for over 25+ years, Meyer- Rohlin deserved better treatment than that. City Clerk Linda Houghton stated that she had been informed of the change in appointments by Mayor Potter late Wednesday afternoon and had been directed to keep the information confidential. Thore further stated that if the Council has any problems with Meyer-Rohlin's performance that he would have appreciated the opportunity at least to discuss them. Howard Larson questioned why the engineer's appointment was being changed and if there was a particular reason why Meyer- Rohlin was being replaced. Potter stated there had been some problems over the past year in the areas of 50th Street, the lack of inspections as the wastewater treatment building addition was being constructed, and the connection of the Westwind Third Addition apartments to the sewer main before the expansion of the wastewater treatment facility was on line. Both former mayors Jim Walsh and Corny Paulson stated that during their terms they had not encountered problems with the engineering firm. Walsh further questioned if there was enough money in the current budget to cover the engineering fees from RCM. The 1994 budget includes $6,000 for general engineering services. Norm Gartner stated that the problem with the lack of inspections at the new addition to the wastewater was a miscommunication problem between his firm and the building inspector and he does not feel that Meyer-Rohlin is totally responsible. Norm admitted a mistake was made with the connection of the apartment building to the water and sanitary sewer system. The error caused the City Council some inconvenience, but that no financial or other harm to the City came as a result of the error. The problem was immediately corrected and no flows were allowed into the sanitary sewer lines until December 30, 1993. Jim Walsh stated there would be additional expenses in making a change in engineering firms. Meyer-Rohlin knows the city's infrastructures and that experience and knowledge is extremely valuable. Mayor Potter stated that the appointment list is his recommendation and the Council must approve the appointments. Berning made a motion to approve RESOLUTION #1994-1 entitled A RESOLUTION MAKING APPOINTMENTS TO CERTAIN OFFICES AND POSITIONS WITH THE CITY OF ALBERTVILLE FOR THE YEAR 1994. Anderson seconded ALBERTVILLE CITY COUNCIL January 3, 1994 Page 5 of 5 the motion. Anderson, Berning Vetsch and Potter voted aye. Barthel voted no. The motion carried. Anderson made a motion to approve payment of Check #'s 8160 - 8168. Barthel seconded the motion. All voted aye. The Council reviewed a proposal from Gruys Borden and Carlson to complete the 1993 city audit at a cost of $6,000. Babcock, Langbein and Company has given the Council a not -to -exceed cost of $4,500 for the 1993 audit. Berning made a motion to hire Babcock, Langbein and Company for the 1993 audit. Vetsch seconded the motion. All voted aye. Linda informed the Council that she has found a used time clock, time cards, and card files at a cost of $125. The supplier has suggested that the owner wculd probably sell the complete unit for $100, if the offer were made. The Council discussed the need to have accurate hours log -led for the time spent at the wastewater treatment facility in 1994 and agreed to have the maintenance department keep a written log of their time at the plant, rather than using a time clock. A representative from the Wright County Sheriff's Office related there are some problems with the street addresses on Jason Avenue NE and 61st and 62nd Streets. Linda will meet with the officer to clarify the addresses. The officer also suggested that the Council adopt an ordinance establishing closing times in the local bars and regulating minors in those establishments. Linda will get copies of other area ordinances regarding these matters. Barthel made a motion to adjourn at 9:23 PM. Berning seconded the motion. All voted aye. Michael Potter, Mayor Linda Houghton, Clerk SPECIAL MEETING ALBERTVILLE CITY COUNCIL January 10, 1994 Albertville City Hall 7:00 PM PRESENT: Mayor Mike Potter, Councilmembers John Vetsch, Duane Berning, Sharon Anderson and Albert Barthel, City Clerk Linda Houghton, City Attorney Mike Couri Mayor Potter called the special meeting of the Albertville City Council to order. The purpose of the meeting is to consider the proposal from The Brimeyer Group to locate and secure an administrator for the City. Mayor Potter detailed the procedures to be followed at the meeting as follows: (1) Brimeyer will review his proposal (2) The Council will be allowed to ask questions on specific portions of the proposal (3) Mayor Potter will call for public input, limited to approximately 15 minutes. Jim Brimeyer and Pam Wanderlich from the Brimeyer Group, Inc. began the presentation of the proposal. Copies of the proposal were available to the Council and to the public. Brimeyer stated that his conclusion, based on what the Council described to him at the December 20, 1993, meeting, is that the City is seeking a full time administrator, based on the growth of the City. Brimeyer stated his firm "assists" the Council only, and the final decision is up to the Council. Brimeyer reviewed the steps in his firm's process of filling a position as follows: (1) Develop a position profile through talking to the Council, staff and community leaders (2) Announce position, probably in the LMC Bulletin and the City Administrators' newsletter (3) Present the Council with a narrative of each candidate that has passed Brimeyer's screening process. From this list the Council chooses 5-6 candidates to interview (4) Verify candidate's qualifications, education and references (5) Set up a two day interview session with the selected candidates. Brimeyer will attend the interviews, upon Council request, and will supply the Council with potential questions and evaluation sheets (6) Negotiate a compensation package, including salary and fringe benefits (7) Provide a Letter of Agreement, detailing the compensation package, conditions of termination, etc. (8) Assist Council with a performance evaluation after the first six months. If the administrator is terminated SPECIAL MEETING January 10, 1994 Page 2 of 4 within the first 18 months, The Brimeyer Group will redo the entire process at no cost to the City The cost of the service as proposed is a $10,500 flat fee, plus additional expenses for mileage, publishing, etc, estimated between $500-$1000. This does not include the costs incurred in getting the candidates here for the interview phase, provided all candiates are within driving distance. Councilmember Anderson asked if the Brimeyer Group recruits from the group that it has previously placed in positions. Brimeyer answered that he does not. Mayor Potter questioned the fee. Brimeyer would agree to negotiate his fee, if the Council agrees to confine the search to Minnesota. The fee could be negotiate to between $9,000-$10,000. Councilmember Anderson questioned if the City was expected to pay the expenses of the candidates interviewed. Brimeyer answered yes. Councilmember Berning asked for an estimate of those costs. Brimeyer guessed the interviewing costs at less than $1,000. Mayor Potter questioned whether Brimeyer offered a partial program. Brimeyer can do the position profile and gather 10-12 candidates and leave the rest of the process up to the Council. However, Brimeyer added that most Councils are not proficient at the interview process and at working out details of a compensation agreement. Councilmember Vetsch asked if would be possible to recruit a part-time administrator whose position may work into a full-time position. Brimeyer stated that although that option can possibly be done, it would be difficult to find a part-time administrator, unless he could find a semi -retired administrator who would be interested in working part-time. Brimeyer stated that if the Council does not want a full-time administrator, perhaps an administrator is not needed at all. The Council has no further questions, and Mayor Potter asked for input from the public. Tim Phillips asked what the average salary for an administrator was. Brimeyer guessed, based on the size of the City and the years of experience, the salary would be in the $50,000 per year range. Phillips asked the Council what would happen to the current administration staff. Mayor Potter stated that if the Council does pursue and hire an administrator, some shift of current staff would be necessary, but he is unsure of how it would be handled. SPECIAL MEETING January 10, 1994 Page 3 of 4 Howard Larson asked Brimeyer for an estimate of how much the City could save in planning and legal fees through hiring an administrator, as the Council has previously indicated that savings could come from those areas. Brimeyer stated that someone with a strong planning background could potentially save the City some fees from a professional consultant, but that an administrator is not hired to do legal work, though he may draft documents for legal review. Phillips questioned where the $10,000 fee for the search fee would come from. Potter stated the Council would need to look into the 1994 budget to see if or what funds could be shifted. Carolyn Bauer asked if that meant the funds budgeted for planning and legal services would be shifted to offset the administrator's salary. Potter stated he did not know. Kathy Hanson questioned the Council about why they were even considering hiring an administrator and if that meant that the employees currently on staff were not performing their duties. Attorney Couri explained that the Council cannot discuss employee performance in a public meeting because of the Data Privacy Act. Councilmember Barthel stated that he feels an administrator may be able to attract businesses to Albertville and that the taxes generated by new businesses could offset the cost of the salary paid. Howard Larson questioned whether the Council should consider an evaluation of City needs before it jumps into hiring an administrator. Jim Walsh questioned whether any administrator could do what this Council is looking for in the areas of planning and recruiting businesses. He feels that attracting businesses, when the City has few financial incentives to offer, cannot be resolved simply by hiring an administrator. Larson questioned if consulting services are not available to look into business recruitment and to work with the City as a lead person, rather than hiring a full-time person. Brimeyer stated that there are people who perform these services on a consultant basis. Carolyn Bauer questioned if the budget would be increased to include the search fee and the administrator's salary. Potter explained that the 1994 budget does not include either of these expenses. Attorney Couri added that there will likely be an increase in the amount the City must levy, but that increase will not be in the 1994 taxes because that levy has already be set. The City cannot by law go into a negative operations status, so the Council would be required to juggle the 1994 budget figures to pursue this option. Jim Walsh stated that the idea that an administrator would add SPECIAL MEETING January 10, 1994 Page 4 of 4 revenue to the City is, at best, a questionable matter in the short term. He sees a potential increase in capital over the long term, provided that businesses are relocated in Albertville. Howard Larson stated that one of the problems with recruiting businesses into the Industrial Park is that there is no tax incentive for that property owner to sell the land at this point, since it currently being taxed only at the agricultural rate. The owner can afford to sit on that property financially and sell the property only at a premium rate. He further explained that Fraser Steel agreed to pay the higher cost for land to develop in Albertville, but only after he personally had talked to Rod Fraser as a fellow businessman. Larson thinks a viable option for the City is to market and advertise the City's pluses, perhaps through an Economic Development Committee aimed at bringing people into the City. Brimeyer stated that his impression is that the City needs to hold a goal -setting session and an evaluation of what the City is looking for. He would be willing to meet in a strategic planning session with the City Council, the various boards and commissions, staff and community leaders to discuss this option at a per day fee. Mayor Potter stated that the Council had agreed to make no decision at this meeting, but he indicated that he feels the first step may be to meet as suggested. There was no further input and Anderson made a motion to adjourn at 8:25 PM. Barthel seconded the motion. All voted aye. Michael Potter, Mayor Linda Houghton, Clerk I �&A P TRUCKING W.B.E., INC. December 7, 1993 City of Albertville P.O. Box 131 Albertville, MN * 55301 Re: Burlington Northern-Savitski Drainage Dear Sirs, I have instructed Ron Geurts with Meyer-Rohlin to proceed with the engineering and formal calculations for the installation of a storm sewer on our property. L & D will pay the City of Albertville the costs associated with Meyer Rohlin's work pursuant to the storm sewer. I trust this meets with your approval as communicated to me by Ron Geurts today. C 'rely, Diane Vinge cc: Ron Geurts 11800 Lachman Avenue N.E. P.O. Box 168 Albertville, MN 55301 (612) 497-1777 MEYER-ROHLIN, INC. ENGINEERS -LAND SURVEYORS 1111 Hwy. 25 N., Buffalo, Minn.55313 Phone 612-682-1781 January 12, 1994 City of Albertville c/o Linda Houghton, Clerk Box 131 _lbertville, MN 55301 RE: Burlington Northern/Savitske Drainage Honorable Mayor and City Council: On December 21, 1993, L&D Trucking requested some comparative cost estimates regarding the above -referenced project. Below is the partial price itemization. 21" RCP 30" RCP 152' of pipe @ $16/ft and $29/ft (Class III circular) 2,432 4,408 labor 1,668 1,820 flared ends 525 737 Class 5 gravel (pipe cover & parking lot fill) 350 2,500 1" crushed rock (pipe bedding) 450 500 Rip -rap 150 150 TOTALS $5,575 $10,115 These numbers are only estimates and should be treated according- ly. I have not addressed any weather condition factors, taxes, engineering fees, or other contingencies. Thore P. Meyer, Professional Engineer Robert Rohlin, Licensed Land Surveyor City of Albertvill- page 2 If you have any questions, please do not hesitate to contact me. Sincerely, MEYER-ROHLIN, INC. lz�41 Ronald Geurts Engineer cc: E-9301-A L&D Trucking INDEMNIFICATION AGREEMENT WHEREAS, Kenco Construction, Inc. and Kent Roessler (collectively referred to as "Developer") has duly platted that subdivision named Parkside Second Addition within the City of Albertville ("City"); and WHEREAS, Developer has entered into a Developer's Agreement dated with the City in order to regulate the construction and development occurring within Parkside Second Addition; and WHEREAS, the parties wish to supplement the Developer's Agreement to allow the Developer to obtain building permits prior to that time usually allowed by the City with no additional liability to the City for any loss or damage which may occur due to the issuance of such building permits; NOW, THEREFORE, The City and Developer hereby agree as follows: 1. The City hereby agrees to allow Developer to obtain building permits for any lots in Parkside Second Addition (provided all requirements for said permits are met) prior to the installation of curb, gutter and the gravel base for the street abutting the permit lots, provided the sanitary and storm sewers and the water mains have been installed. In return, Developer hereby agrees to hold the City harmless from any and all damages sustained by Developer, its successors and assigns (including the purchasers of any houses that are constructed within said Plat), and any parties with whom Developer may contract, where such injury or damage results, in whole or in part, from the issuance of building permits prior to installation of all municipal improvements as described above or where such injury or damage results, in whole or in part, from the issuance of occupancy permits prior to the paving of streets within said Plat. In addition, Developer agrees to indemnify the City for any and all damages the City may incur from third party claims and any injuries suffered directly by the City (including all attorney's fees, court costs and expert witness fees), where such damage or injury results in whole or in part from the issuance of building permits prior to the installation of all municipal improvements as described above or where such injury or damage results, in whole or in part, from the issuance of occupancy permits prior to the paving of streets within said Plat. 2. Developer understands and agrees that no occupancy permits will be issued for any structures in Parkside Second Addition until the capacity of the Wastewater Treatment Plant is expanded to approximately 315,000 gallons per day and the curb, gutter and gravel base for the streets are installed adjacent to the lot containing the building to be occupied. Indemnification Agreement Page Two The parties agree that the hold harmless and indemnity provisions in paragraph one above shall also apply to any damage suffered in regard to the non -issuance of occupancy permits for structures that do not meet the requirements of this paragraph. Dated: CITY OF ALBERTVILLE By: Mayor Attest: City Clerk STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) KENCO CONSTRUCTION, INC. By: President and Secretary KENT ROESSLER, personally Kent Roessler The foregoing instrument was acknowledged before me this day of , 1994, by Michael Potter as Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 1994, by Linda Houghton, as Clerk of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 1994, by Kent Roessler, individually and as President and Secretary of Kenco Construction, Inc. Notary Public William S. Radzwill Andrew J. MacArthur Michael C. Couri January 12, 1994 Ms. Linda Houghton City of Albertville Box 131 Albertville, MN 55301 RA. WILL LAW OFFICE Attorneys at Law 705 Central Avenue East PO Box 369 St. Midtael, MN 55376 (612) 497-1930 (612) 497-2599 (FAX) RE: Municipal Legal services. Dear Linda: John. DeLaundreau, Financial Analyst Kris DeLaundreau, Accounu Receivable This letter is intended to serve as a memorandum of understanding concerning the scope of legal services to be provided by the Radzwill Law Office (the "Firm") to the City of Albertville and the fees which will be charged for such services. If the City concurs with the provisions contained in this letter, please have the City Council approve the terms and the mayor and yourself sign on the appropriate lines. The original should be kept at City Ball and a copy returned to me. The terms are as follows: 1. The City appoints the Firm as City Attorney, with Michael C. Couri and William S. Radzwill acting as primary legal counsel for the City with respect to the services described in this letter. 2. The City Attorney agrees to perform all usual and customary legal services for the City in accordance with the terms of this letter. 3. The City Attorney shall perform work on matters only as directed by the City Clerk or City Council. 4. The City agrees to compensate the City Attorney for services as follows: One Hundred Dollars per hour for legal services rendered. Services to be covered include but are not limited to the following: Ms. Linda Houghton January 12, 1994 Page 2 1. Attendance at Council Meetings, both regular and special, as requested; 2. As requested by the Council or City Clerk, attendance at meetings with staff, public groups and public hearings; 3. Review and preparation of contracts, performance bonds, insurance and other routine legal documents; 4. Review and preparation of ordinance code amendments and resolutions; S. Formal and informal legal advice to Council and staff, commissions and committees; 6. Advising boards and committees of the City from time to time as required; 7. Training sessions with officials and staff, as necessary or as required, to discuss topics including, but not limited to important legislative or judicial developments; S. Formal and informal advice on personnel matters including interpretations of federal, state and local rules and regulations relating to personnel matters; 9. Preparation for and conduct of litigation before any court or administrative tribunal; 10. Review and preparation of bonding and assessment matters; 11. set up and maintenance of Tax Increment Financing Districts and other economic development matters; 12. Real estate transactions; 13. Labor and employment matters; 14. Worker's compensation matters; 15. Integration of amendments into the City Code; 01-12-1994 02:52PM FROM RADZWILLLAWOFFICE TO 49731210 - P.04 Ms. Linda Houghton January 12, 1994 Page 3 16: Such other services as may be requested by the City Council or the City Clerk. 5. The Firm shall also be separately reimbursed for any cost disbursements which it incurs in connection with providing any services described in paragraph 3 of this letter, including computer assisted legal research at the rate charged by the provider. Reimbursable costs and disbursements shall not include charges for secretarial or word processing services. Billings by the City Attorney to the City for services, costs and disbursements shall be made monthly. The billing statement shall be of sufficient detail to adequately inform the City concerning the tasks performed, the time spent on each such task and the nature and the extent of costs and disbursements. Within the limits of its billing system, the City Attorneys billing statement shall also, as requested by the City Council, show the types of work done in various categories and the time spent and fees attributable to each of such categories. 6. The Firm agrees that it will not undertake the representation of any person or other entity during its appointment as City Attorney in instances where such representation may create a potential conflict of interest, unless: a) The Firm reasonably believes the representation will not adversely affect its relationship with the City; and b) The City and such other person or entity have consented after consultation. 7. The Firm agrees that it will not, during its appointment as City Attorney, undertake the representation of any elected official of the City or the City Clerk in connection with any personal legal matter of such person; and will not during such appointment, absent the consent of the City Council, undertake the representation of any other employee of the City. 8. The appointment of the Firm as City Attorney may be terminated by the City at any time and by the Firm upon 60 days written notice to the City. Nothing in this letter or the City's acceptance shall be deemed to preclude the opportunity of the City to retain and Ms. Linda Houghton January 12, 1994 Page 4 appoint legal council other than the Firm to represent the City.in any legal matters. 9. The term of the appointment shall run from January 4, 1994 through January 9, 1995. RADZWILL LAW OFFICE By /(- Michael C. Couri The provisions of this letter are understood and accepted. Dated: CITY OF ALBERTVILLE BY: Michael Potter Mayor ATTEST: Linda Houghton City Clerk January 7, 1994 Horrarable Michael Potter, Mayor and Chy Councilmembers City of Albertville City Hall Alberraite, MTV' 53301 Re: Agreement for Municipal Engineering Services Dear Migor Potter and City Councihnembers! RCM again thanks you for your selection of our firm to provide Municipal Engineering Services to the City of Albertville. We propose to provide engmeeringlarchiteccural services in connection with municipal improvement proiecs ri�aka as directed by the City of Albertville according to this letter agrersttent, the attached CZMA General Provisions, Exhibit B, and schedule of rates. Authorization for each project ONAer O lnc. will be provided in writing by the City. Hess Our servi= will c=ist of preparation of smdks and reports, drawings and tad swieycrs spercifications, and construction services as oudined iu Section 1 - Basic Servi*.-i of Haut opporaxiy Fx ineer in the attached General Provisions and general City Engineering Services. ernpoyer We propose to provide these serri= for a fee determined as provided cn the attached schedule of ratm We propose to provide additional services as outlined in Section 2 of the attached General Provisions and general City Engineering services =ording to the attached schedule of rates, wt= authorized by the City. These rates shall be adjusted annually to reflect changes in employy= and their compensation. Wo will submit monthly statements fbr basic and additional services rendered and for reimbursable expenses incurred.. The statements will be based upon our estimate of the proportion of the total services actually cromFiered at the time ofbiWmg for basic desire services. Study and report, design. bidding, construction, addftional services, and general City Engineering services will be billed according to the attached schedule of rates. The City shall make prompt monthly payments in response to our monthly statements. 10901 red circle d.1ve bcuc '30 n*wetorka mcnneesato 5 343 612-935-6801 fax 6'124805-M4 Honorable Wichael Potter, Abyor January 7. 1994 Page 2 This letter agreermt, incluc5ng the =ached General Provisions, Exhibit B, and schedule of rates, datedlauu=71, IM, gill constitute the entire agreement between us. Xf this proposal Is agreeable to you, please sign both copies of the proposal, retain one for your files and nmrn the odor to us. Sincereiv, RI= CARROLL MUL LER ASSOCIATES, INC. Robert F. Roskcp$ PY— lPresideIItfCF,C3 Robert C_ Robertson, PT - Chairman CITE OF ALBER'I VI -LE, hENNESOTA By Date By Date SCHEDULE OF RAMS STUDY AND REPORT PHASE Tlie studies and reports will be provided at an agreed to lump sum cr hourly rates fnr personnel working on the project. The scope of work to be covered in the study and report phase includes the following items in addition to the work outlined in Paragraph 1.2 of the General Previsions: • Public meetings. • Collection and inberpreudcm of data. • IdatMcadon and evat=don of alternative soludons. • Recmumendatlow regardbig fe=-bility. • Evaluation of regulatory agency requirements. • Environmental asseMmenL • Recommendations for f n-ther impiententatzon of the proem DES,,= PHASE Fes for the design phase of the project will be at an agreed to lump sum or will be determined is awordance with the fallowing schedule for paragraphs 13 and 1.4 of the General Proviacns: Project Qnaruction Casts Drawings and SMcifrcations I.&ss than $75, OM Houffy $75,000 - $100.000 8.5% $100,000 - $150,000 7.8d7o S150,0#343 - 32UQ,{l00 7.2�a S204,000 - $300,000 6.8% $300,000 - $400.00 &4% $40f1,0()o - M,000 6.1% 35UQ,UM - V5010b4 5.6% $750,000 - $1,0041000 53 % $1.000,OW - and above 5.1% Page 1 of 2 7be fees for bidding and construction phase services w0l be at hourly rates for paragraphs IS and 1.6 of the General Provision& ADDITIONAL SERVICES AND GENERA CITY EN G s G SERVICE$ Tac fees >ar additional services (section 2 of the General Provisiorsa) and for Senerml City Engineering services wifl be at hourly rates for personnel worldag on a project. RCNI will attend one City Council r e--dag per month at no charge to the City. Other monthly meetings will be at hourly rates. RcimbursabI= Milrag . $0MI(nac Out of Pocket Expenses: At cost Proiect Personnel Senior Chi Engineer Civil Engineer Civil Technician Field Representative Draf3s�n Survey Crew Member Registered Lanni Survqor sscreary AVERAGE HOURLY RATES (January 1994) Hourly Rats Page 2 of 2 75.00 $9.00 50.00 45.00 40.00 25A0 55..00 35.00 GENERAL PROVISIONS Attached to and made a part of LET17ER AGENT dated between The City oXAAw4 tville, Minnesota (OWNER) and R.ielm Carroll duller Associates, Ins. (ENOr4EER) in respect of the Ptnject described therein. S9-(MN )--SA IC SER=ICES OF ENG R 1.]. General. 1.1.1. ENGIIEM shall perf)Tm for OWNER professional engiuccring services in all phases of the Project to which this Agreement applies as hereinafter provided. These services will inciude serving as OWNER*s professional engineering representative for the Project, providing professional englnecrin; consultation and advice and fumWiing customary civil, structural, mechanical and electrical engineering services and customary archirecniral services inddeutal thereto. la Study and Report fie. After written authorization to proceed, ENGIRT shall: I.2.1. Consult with OWNER to ctarify and detute OWNER's requirements for the Pvgject and review ale data. L= Advise OWNER as to the necessity of OWNER'& providing or obtauining from others data or services of the types describcd in paragraph 3.Z, and assist OWNER in otuining such data and Services. 1.23. Identify and analyze requirements of governmental authorities having Jurisdiction to approve the design of the Project and participate in coroultations with such authorities, 124. Provide analyses of OWNER's nerd's, planning surveys, site evaluations and cvmpa=&'CF studies of prospective sites and solutions. 12 J. Pmvide a general economic analysis of OWNER's requirements 8ppliMdsle to various aiteraazfves I a6. Prepare a Report containing schematic tayovts, sketches and conceptual design criteria with appropriate t"alubitsto indicate clearlythe considerations involved (including applicable requirements of governmental authorities having jurisdiction as aforesaid) and the alternative solutions available to OWNER and setting forth ENGD4EER's 5ndiugs and recommendations. This Report wM be sccompamed by ENGn4EER's opinion of probable costs for the Project, including the following which will be separately itemized. Construction Cost, alto mwe for engineering ccars and contingencies, and (on the basis of information furnished by OWNER) allowances for such otter hems as charges of all other professionals and consultanTA for Interest and financing charges and for other sesvic+es to be provided by others for OWNER pursuant to paragraph 3.2. The total of ail such costs, allowances, etc. are hereinafter called "Total Project Casts' 2.2.7. Furnish five copies of the Study and Report documents and review there in person with OWNER. Page 1 of 10 01-12-1994 02:56PM FROM RADZWILLLAWOFFICE TO 43Y,3�IU r'. 13. Preliminary Design Phase. After written authorization to proceed with the PreUminary Design Phase, ENGINEER shall 13.1. In consultation with OVR4ER and on the basis of rite accepted Study and Report document determine the general scope, extent and character of the Project. 1.3.2. Conduct ffeid scrMs for design purposes. 133. Prepare Preliminary Resign documents comfsftg of 6rW design criteria, preliminar drawings, outline specifications and written descriptions of the Project, 13.d. Advise OWNER if additional data or services of the types descz*ed in the first subparagraph of paragraph 3.2 are necessary and assist OWNER in obtaining such data and services. 13.5. Based on the information emmined in the preliminary design documents, submit a revised opinion of probable Total Project Costs. 1.3.6. Furnish five copies of the above Preliminary Dcsign documents and present and review them in person with OWNER. 1.4. FhW Desig Phase. Attu wrimn authorization to proceed with the Final Design Phase, ENGINEER shall; 1.4.1. On the basis of the accented Preliminary Design documents and the, revised opinion of probable Total Project Costs, prepare for h=rporation in the Contract Documents final drawings to show the general scope, extent and character of the wort` to be furnished and performed by Conunctor(s) (hereinafter called "Drawings'? and Spedffcations (which will be prepared in =1f0rM2= with the sixteen dtvhkm format of the Construction Specifications Institute). 1.42- Przwide technical criteria, written descriptions and design data for CNi T ER's use in piling applications for permits with or obtaining approvals of such governmental authorities as have jurisdiction to approve the deign of the Project, and assist 0%11CM in consultations with appropriate authorities. 1.43. Advise 0'VV 4M of any adjustments to the Jatest opinion of probable Total Project Costs caused by changes in general scope, extent or ohara,-.= or design requireme m of the Project or Construction Costs. Furnish to OWNER a revised opinion of probable Total Project Costs based on the Drawings and Specifications. 1A.4. Prepare for mviear and approval by OWNER, its legal counsel and other advisors contract agreement forms, general aandidons and supplementary conditions, and (where appropriate) bid farms, invitations to bid and inshmeWns to bidders tall of which shalt be consistent with the forms and pertinent guide sheets prepared by the Engineers' Joint Contract Doc=etsrs Committee), and assist to the preparation of other related documents. 1.45. Furnish five copies of the above doetnnents and of the Drawings and Specifications and present and review them in person with OWNER. Page 2 of 10 1.5. Bidding or Negotiating Phase. After written authorization to proceed with the Bidding or Negotiating phase, ENGINEER shall: 15.1. Assist OWNER in advertising for and obtaining bids or negotiating proponLs for each separate prime cantract for oonstruction, materials, equipment and services; and, where applicable, maintain a record of prospective bidders to whom Bidding Doaume= have beers issued, attend pre - bid conferences and receive and process deposits for Ridding Documents. 1.52- Issue addenda as appropriate to interpret, clarify or cspand the Bidding Documems. 153. Consult with and advise OWMM as to the acceptability of subcnnft=ors, suppliers and other persons and argaafzadans proposed by the prime conmctor(s) (herein called " Contr cmgs)a) for those portions of the work as to which such acceptability is required by the Bidd'mg Documents. 15.4. Consult with OWNER concerning and determine the acceptability of substitute materials and equipment proposed by Contractors) when substitution prior to the award of contracts is allowed by the Bidding Documents. 155. Attend the bid opening, prepare bid tabulaticen sheets and assist OWNER in, evaluating bids or proposals and in assembling and awarding contracts far construction, materials. equipment and services. 1.6 Construction Phase. During the Construction Phase: 1.6.1. General A,dministmtion of Construction Contract. ENGINEER shall consult with and advise OWNER and act as OWN-R's mprczentative as provided in A,rticics i through 17, inclusive, of the Standard General Conditions of the Construction Contract No. 191" (1983 edidon) of the Engineers' Joint Contract Documents Committee. The extent and limitations of the duties, respormmbr-Thiel and authority of ENODMER as assigned in said Standard General Conditions shall not be modified, except as ENGIIDMR may otherwise agee in writing. All of OWNBR's mutts to Contractor(s) will be issued through ENGiNF..5R who will have authority to act on behalf of OWNER to the extent provided in said Standard General Conditions =tpt as othemise provided in writing 1.6.2 Visits to Site and Observation of Conarxxion. In connection with ob*cmdans of the work of Contractors) while it is in progress: 1.6 2.1. ENGLNEER shall make visits to the site at intervals appropriate to the various stages of construction as ENG]KEER deems beeessary in order to observe as an experienced and qualified design professional the progress and quality of the various aspects of Corrtracx s)' work In addition, ENGINEER shall provide the services of a Resident Project Representative rand aaista= as agreed) at the site to assist ENGINEER and to provide more continuous observation of such work. Based on information obtained during such omits and on such observations, ENGINEER shall endeavor to determine in general if such acute is proceeding in aecordance with the Contract Documents and ENGMEER shrill keep OWNER informed of the progress of the work. PaV 3 of 10 1.6.2.2. ?he Resident Project Representative (and any assistants) wiU be ENGE4E ER's agent or employee and =der ENGUS EER's supervision. 'hire duties and responsibilities of the Resident Project Repr vo (and assistants) are sex fi0ath in Edu-bit B 'Duties, Respomstbilifies and Iimitadon of Authority of Resident Project Representative. 142-3. The paupoa3e of ENG R's visits to and representation by the Resident Project Representative (and assistants, if any) at the site will be to enable ENGDMM to better carry out the duties and responsibilities assigned to and undertaken by IENGEqEER during the Construction Phase, and, in addition, by tuerdse of ENGI31EM's efforts as an experienced and qualified design professional, to provide fur OWNER a greater degree of confidence that the compiAed work of Contractor(s) will conform generally to the Contract Documents and that the integrity of the design concept as reflected in the Contrau Documents hss been implen enutd and preserved by Contractor(s). On the other hand, ENGINEER shall not, during such visits or as a result of such observations of Contractor(s)' Work in progress, saapesvise, direct or have control over Contractor(s)' work nor shall ENGINEER have authority over or responsibility for the means, rnethods, techniques, sequences or procedures of oonstruetion sued by Contractor(s), for safety precautions and progz-an s incident to the work of Contractor(s) or for any failure of Contractor(s) to comply with lases, rules, regulations, ordinances, codas or orders appli zWe to Contractor(s) %nishing and periarming their work. Accordingly, ENGINEER can neither guarantee the performance of the cDnstrucdon convacts by Contractor(s) nor assume responsibility fur Contractor(s)' failure to furnish and pertbrm their work in accordance wlTh the Contract Doewnents 1.61-4. ENGINEER will provide stakes for horizontal and vertical control for the work of the Contractor_ 1.63. Defective Work. During such visits and on the basis of such observations, ENGDMER may disapprove of or reject Coutrac=(s)' work while it is in progress if F.NGTNI:ER believes that such work w M not produce a completed Project that conforms generally to the Contract Documents or that it -*ll prejudice the integrity of the design concept of the Project as reflected, in the Contract Doc-umeats. LCU Interpretations and Clarifications. ENGIN= shah issue necessary interpretations and clarifications of the Contract Documents and in connection therewith prepare work directive changes and change orders as required_ 1.65. Shop Drawings. ENGLNEER shall review and approve (or take ocher appropriate action in respect of) Shop Drawings (as that term is defined in the aforesaid Standard General Conditions), swnplm and outer date which Contractor(&) are required to subunit, but only for conformance- with the design concept of the Project and compliance with rho information given in the Contract Dacumcn%3. Such reviews and approvals, or other action shall not extend to means, methods, techniqucs, sequences or procedurm of aaonstrucdon or to safety preeaurio s or procedures of caonstr uxion or to safety precautions and program Incident thereto. 1.6.6. Substitutes. ENOMM shall evaluate and deAermine the acceptability of substitute materials aad equipment proposed by Contractor(s), but subject to the provision of the sad subparagraph 11.2. Page dof10 1.6.7. Inspections and Tests. ENGINEER. shall have authority, as OWNER's representative, to require special ,inspection or tsting of the work, and small receive and review all =rtificatrs of inspections, tesd W and approvals required by laws, rules, regniatioas, ordinances, codes, orders or the Contract Documents (but only to determine generally that their content complies with the requirements of, and the results certified in(fiCate connplianee with, the Contract Documents). 1.6.& Disputes between OVIN£R and Contractor. ENCMTEER shag act as initial inicrpreter of the requirements of dw Contract Documents and judge of the acceptability of the work thereunder and make decisions on all clai= of OWNER and Ccutrac tors) relating to the a0rxptab27ity of the work or the interpretation of the requirements of rho Contract Documents pertaining to the execution and progress of the wane F'�!i G shall not be liable for the results of any such interpretations ex decisicus rendered in good faith. 1.69. Applications for PayrneM Based on ENGDiEE.R's on -site observations as an experienced and quallfied design profrssionai, on information pravided by the Resident Project Repres=mtivc and on review of applications for payment and the accompanying data and schedules: 1.6.9.1. ENGDiEER shall determine the amounts owing to Coritractor(s) and recommead in writing payments to Contrnctor(s) in such amounts. Such recommendations of payment wM constitute a representation to OWNM based on such observations and review, that the Ymrk has progressed to the point indicated, and that, to the best of ENGINEEW3 knowledge, information and belief; the quality of such work is generally In accordance with the Contract Documents (subject to an evaluation of such work as a functioning whole prier to or upon Sub5mrttial C;ompleti(m, roc the results of any subsequent tests called for in the Contract Documents and to any other qualifications stated in the reom=endation). In the case of unit price work, ENGII-tEER's recommendations of payment witl indude final determinations of quantities and cdassifleations of such work (subject to any subsequent adjustmentr, allowed by the Contract Doeaatents). 1.5.9.2. By recommending any payment ENGLNEER will not thereby be deemed to have represented that exhaustive, wndnuous or detailed reviews or examinations have been made by ENGROMR to check the quality or quantity of Contraector(s)' work as it is fan► Oed and performedbeyvndthe responsibilities specifically assigned to &NGTNEERindiis A.grctment and the Contract Documents. EN,*ZM ER's review of Contrac-tor(s)' work for the purposes of recommending payments will not impose on E1 ODMER responsabUity to supervise, direct or cxsntrol such work or for the means, methods, tediniques, or procedurcs of c=stnucdon or safety precautions or programs incident thereto or Contractor(s) compliance with law% rules, regulations, ordau1 ces, codes or orders applicable to their ft=ishing and performing the work. It will also not impose respmmbility on ENGINIvER to make any e earninadon to ascemin how or for what purposes any Contractor has used the moneys paid on aeaonrA of the Contract Price, or to determine that title to any of the word materials Of equipment has passed to OWNER free and dear of any lien, claims, security interests or encumbrances, or that there may not be otner matters at Issue between OWNER and Contractor that might affect the amount, that should be paid. 1.61Q. Contraetor(s)' Carupletion Documents. EN WEER shall receive and review maintenance and opp=ing moons, schedules, guarantees, bonds and certificates of inspection, tests and apprevahs which are to be assembled by Contraaor(s) in accordance with the Contract Documents (bat such review will only be to determine that their content complies with the requirements of, and Pap 5of10 in the case Of c artMates of inspersicm, testy and approvals the re$Wts Certified in(lleate C'ampffatsce witk the Contract Documents): and shall tr=snttft them to owNER with written comments. 1•6-10-1. ENGRIME t shall prepare a set of reprodutwe record prints of Drawings showing those changes made druiag the conshuction process, based on the n=kod-up prints, drawings and other data furnished by Comractor(s) to ENGINEER and which ETiGIl �siders significant. EER 1.6.11. Inspections.ENGD4EER shall condact an iaspection to determine if the work is substwWaliy complete and final inspection to determine iftbe completed work is acceptable so tftat ENGD EMmay recommend, in writing, final payment to Contrac mq2) and raay give written notice to ©W."MR, and the Contractor(s) that the worst is aroeptable (subject to any conditions therein expressed but any such recommendation and notice will be subject to the Ihmitations eMwessed in Pam$mPh 1.6.9.2. 1.6.12. Limitation of ResponsWities. 0 G VEER shall not be responsible fbr the acts or °missions Of anY Cmh=90r, or of anv subcontractor or supplier, of any of the t:ontractor(s)' or subcontractor's or supplier's agents or ernptoyees or any other persons (c=pt INTGZN1FR's own employees and agents) at titre site or otherwise AIMMing or performing any of the Contractor(s), W00; however, nothing container) In paragraphs 1.6.1 dnu 1.6.11, inclusive, shalt be construed to release ENGINEER from liability for fadure to properly perform duties and responstbiUdes assumed by ENGINEER in the Contract Documents. SECMON 2--A MITIONAL SEgVrCES OF ENGr TEER 2.1• Normal and cu=mazy cngineerin; services do not include service in respect of the mlowing categories of worm which are usually referred to as Additional Servfcrs. 2.1.L If OWNER wishes ENGMMR to perfarrn arty of the following Additional Services, OWNER shall so instruct ENGDMER in wridn& and ENGINEER shall perform or obtain frorn others such services and will be paid therefor as gravided in the Letter Agreeanenc: Preparation of applications and supporting documents for governmental flmanc w support of the Projtet in addition to those required uader Basic Services; preparation or review of envftcOWMental studies and related services; and assistance in obtaining euvironmcntal approvals. Services to snake measured drawings of or to investipte existing conditions or facilities. Services resulting $roan signific am cfzanges ill the general saga earent or characwr of the Project or niaior changes in documenutfon previotWy a=pted by OWNER wte4p, changes are due to causes beyond ENGINEER.'s eontroL Providing renderings or models. Preparing documents for alternate bids requested by OWNER for work; which is net eaearted or for out -of -sequence wort Page 6 of 10 Detailed aousicieration of operations, mairnenan= and overhead expenses; value engineering and the preparation of rate schedules, eamings and eatpeuae statements, rash How and economic evaluations, feasibility studies, appraisals and vataat m& Furnishing the services of independent professional assodfates or consultants for other than Basic SerAc& If ENGDER's compensation for Basic Services is not an the basis of Direct Labor or Salary Costa, services resulting from the award of more than one prime contract for consmutim materials, equiprnem or seMees for the Project, or $om the oonstruc6 n 008tract containing cost plus or incentive. sue provisions for C.onMctoes basic compensation, or from arranging for performance by persons other than the principal prime contractors or from administering OWNEWs eowxnx s for such services, Services during out-of-town travel other than visits to the site. Preparing to serve or serving as a consultant or witness in any litigation, arbitration or other legal or administrative proceeding except where required as part of Basic Services. 2.1.1 When required by the Contract Z)ocuments in circumstances beyond 04 4GINEFR's control, ENGINEER shall perform or obtain $vm others any cf the following Additional Services as circw=tarx-.cs regture during construction and without waiting for specific instructions frc= OWNER, and ENGUIZEER wiA be paid therefor as protzded in the Letter Agreement: Service& in conneCtion with work directive changes and change orders to reflect the changes requested by OWNER if the resulting change in compensation for Basic Services is not commensurate with the additional services rcadercd. Services in malting revisions to Drawings and Specifications occasioned by the uceptance of aabstiWtiOnS proposed by Contractor(S); servi= after the award of each contract in evaluatiog and determining the acceptability of an unreasonable or excessive number of substitutions proposed by Contractor, and evaluating an unreasonable or e=nsive number of claims submitted by Contractors) or others in connexion with the wort SeMces resulting from significant delays, changes or price increases occurring as a dirtct or indiram result of material, equipment or energy shortages, Additional or extended services during construction made necessary by (1) work damage by fire or other causes during constitution, (2) a significant amount of defective or neglected work of any Contractor, (3) acoeleradon of the progress schedule hwohring services beyond mormai worldng hours, (4) default by any Contractor. ;SEC ON 3--OWNER'S RESPONSTBII�I'I'YES 3.1. OWNER shall provides all criteria and full in6mmmation as to OWNER'S requirements for the Project; designate a person to act with authority on OWNER's behalf in respect of all aspects of the Project; e=nine and respond promptly to ENMIMER's submissions; and give prompt written notice to ENGMER whenever OWNER observes or othFerwisc becomes aware of any defect in the work Page 7 of 10 3.1 OWNER shall also do the following and pay ail oasis incident thereto: Furnish to ENGESMER borings, probiags and subsurface opioraZoas, hydrographic surveys, laboratory teals and nt"mons of samples, materials and equgx=n4 appropriate profadonM interpretations of 1U of the foregoing; environmental assessrnant and impact statementm property, boundary, easement, right-of-wap, topowaphic and utility surMu Property descdpdorts; aanfngand deed rmtxic tious; ail of which ENGDOMR may refy upon In perfimnieg services hereunder. Guarantee access to and make alI provisicma for ENGMEM to enter upon public and Pie PMP"- Provide such Iegal, actaounting, independent cost estimating and ins cocnuseUng setvi= as may be required ibr the Pr+ajeet, ury auditing service required in respect of Contractor(5)' applications for payment, and any inspection seayi= to deteanine if Contractor(s) are performing the worts lily. Provide engineering SatYeys to establish reference points for construction. lion. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project. Ifmore than one prune contractor is to be awarded for construmdoN designate a party to have r SPOnsf afilty and authority for coordinating the activities of the various prime contractors. 33. OWNER shall pay 0 costs incident to obcaining bids or proposals frmu Contractor(s). Ecizoiy 4—kEAA OF TERMS 4.1. As used herein the terra 'this Agreement" refers to the Letter Agreement to which these General Provisions are attached and to these General Provisions, and Exinbit 8 'Dudes, Respo¢m-bilitics and Unisaticns of Authority of Resident Project Representative', as if they were part of one and the same document. 4M The commuction cast of the entire Project (herein referred to as "Construction Cost") meatus the total cost to OWNER of those pvrtiom of the entire Project designed and spedi3ed by ENGDMER, but it wM not include ENGIN ER's compensation and eWenses, the cost of land, rights -of -way, or compensation for or damages to, properties unless this Agreement so specaffes, nor wr'D it Include OWNP.R's legal, accounting, insurance counseling or auditing services, or interest and financing charges matured in connection with the Pea jec: or the cost of other services to be provided by others to OWNER pursuant to paragraph 3.2. (Construction Cost is one of the items comprising Total Project Costs which is deSned in paragraph I b.) 4J. N/A 4.4. NIA PageSof10 4.5. Reimbursable Expenses mean the, actual expenses incurred by ENGRM R or ENGIINIMWs independent pro&ssional associates or co= tarts directly cr indirectly in connection with the Project, such as expenses for. trawpo=tdon and subsistence incidental. thereto; obtaining bids or proposals frura Contractor(s); providing and maintaining field office tacilitfes including furnishings and ut3TFUc s; subsistence and transportation of Resident Project Representatives and their assistants; toll telephone calls and telegaramr, reproduction of reports, Dravvings, Specifications, Bidding Documents and smear Project-relsted items in addition to those required under Sermon 1; and if authorized in advance by OWNER, overtime work requiring higher than regular rates. In addition, if authorized in advance by OWNER, Reimbursable Expenses will also include espensea in� for cortrputer time and other hig* spceialized eiuiprneut, intruding an appropriate charge for previously established programs and expenses of photographic production teduniques times a factor of 1.0. ECTION 5—MISCELLANEOUS 5.1. Reuse of Decumenm Ali documents including Drawings and Specifications prepared or furnished by ENGENEER (and ENGIlVE Ws independent professional associates and consultants) pursu=t to this Agreement are fnstrumertta of service in respect of the Project and ENGLNEER shall retain an ownership and property irate, therein whether or not the project is completed. OWNER may make and retain copies for Wbrmation and reference in connection with the use and oecupanc y of the Project by OWNER and others; however, such do=maents are not intended or represented to be suuabie for reuse by OWNER or others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by ENGIIN-EER for the specific purpose intended will be at OWNER's sole risk and without Iiability or legai exposure to ENGINEER, or to ENGDUV ER's independent professional associates or consultants, and OVER shall indemnify and hold harp ieas ENOLSEER andMINGIlaMR's independent professional associates and consultants from ail daims, darnage. , losses and expennses including attorneys Fees arising out of or rtsuldng therefrom. Any such verification or adaptation will entitle ENGIIVIrER to further compensation at rstcs to be agreed upon by OWNER and ENGDMER. 5? Opinions of Coat, Since ENGDMER has no control over the eons of labor, materials, equipment or services furnished by others, or over the Contrac tor(s)' methods of determining prices, or over competitive bidding or market conditions, ENGMEEWS opinions of probable Total Project Costs anti Construction Cost provided for herein are to be made on the basis of BNLi GTNEER'3 experience and qualifications and represent FrATG EER's best judgment as an eaperim=d and qualified professional engineer. familiar with the construction industry; but ENGUNEER cannot and does not guarantee tUt proposals, bids or actual Total Project or Construction Costs will not vary from opinions of probable cost prepared by F.NGr4E,ER. If prior to the Bidding or Negotiating Phase OWNER wishes greater assurance as to Total Project or Consa=tion Costs, OWNER sJWl employ an independent cost estimator as provided in paragraph 32 EitiGINEER's services to modify the Contract Documents to bring the Construction Cost within any limitation established by OWNER will be considered Additional Services and paid for as such by OWNER. page 9 of 10 53. Other Provisions Concerning Foments. If OWNER fails to make any payment due ENGINEERt for services and expenses within thirty days after receipt of ENGINEER's sta c=eut therefor, the amounts due ENGINEER will be increased at the we of 1% per month from said thirtieth day, and in addition, M4GINEM may, after giving seven days' written uoticae to OWNED, suspend services under this Agreement until ENGINEER has been paid in fall ail amounts due for scrAces, expenses and c huges- 5.4. Termination. Ibc obUgatim to provide finther services under this Agreement may be terminated by either party upon seven dwyV written notice in the event of substantial failure by the other party to perform in accordance with the tuns hereof through no fault of the terminating parry. In the event of any to ruination, ZNGLMEER will be paid for all services rendered to the date of termination, all Reimbursable Epp mses and termination expenses. 5.5. Controlling Law. This Agreement is to be gwmr:red by the lase of the pt7ndpal place of business of ENGINEER. 5.6. Successors and Assigns. 5.6.1. OWNER and ENGINEER each is hereby bound and the partners, successors, executors, administratim and legal repres=tativcs of OWNER and ENGINEER (and to the =ent permitted by paragraph 5.6Z the assigns of OWNER and ENGINEER) arc hcrrby bowed to the other patty to this Agreement and to the partners, succemys, executors, administrators and legal representatives (and said assigns) of such other party. in rcspect of all covena= agreements and obligations of this Agreement. 5.6.2. Neither OWNER nor ENGIlMER shall assign, sublet or transfer any rights under or interest in (1ndudi;%& but without limitation, moneys that may become due or moneys that are due) this Agmmuent without the written consent of the other, except to the cm= that any assignment, subietaing or transfer is mandated by law or the effect of this Limitation may be restricted by late. Unless specifically stated to the contrary in any written consent to an assigrxtn env, no mssigment will release or discharge the assignor from any duty or responsibility under this Agreement. Nogg contained in this paragraph shall prevent ENGINEER from employing stceh independent professional associates and consultants as ENGINEER may deem appropriate to assist in the performance of services hereunder. 5.63. Nothing corder this Agreement shall be construed to give any rights or benefits in this Agreemnt tQ awyone other than OWNER and IENGEVEER, and all duties and responsibilities ut lcea pun mant to this Agreement wfil be for the sole and exclusive benefit of OWNER and ENGE4EER and not for the bene$t of any other party. Page: 10 of 10 EXHMIT B TO AGREE MNT BETWEEN O9ffP?'ER AND ENOMER FOR PROFESSIONAL SERVICES, DATED A LISUNG OF THE DUTIES, EESPONSISnXrMS A" Id14ITATIONS OF ALTrHORtTY OF TEM RFSIDENT PROJECT REPRFSTq'TATM This is`an Esnbit attached ta, made a part of and incorporated by reference into the Agreement made vn =1994 between the CityofAlbertviile (OWNER) and Metz Carroll Muner A3S0ciat, Its (ENGINEER) providing for professional. exj&eering services. ENGINEER shall Sumsh a Resident Project Representadve (RPR), assistants and ocher field staff co mist ENGMI=ER in observing pert ma,rxe of the work of Contractor. Through more estenshre on.alte observations of the work in progress and field checks of mate -.lab and equipmeac by the RPR and assistants, ENGNEER s11311 endeavor to provide further protection for OWNER agalnse defects and defidencie-s in the work of CONMRACI'OR; but, the f unL%hing Of such services will not make ENGLMEM responsible for or give F1tiG)NLLR control over constnrcdon means, methods, techniques, sequences or procedures or far safety precautions or Proms Or responsibility for CONTRAGMW$ failure to perform the Work in accordance with the Contract Docurnen a and in particular the specific limitations set forth in paragraph 1,5 of the Agreement am applicable. The duties and responshbUities of the RPR are limited to those of ENGINEER in EN'GINE£R's ag cemcra with the OWNER and in the construction Contract Document and are further limited and descr%ed as follows: A. General RFR is ENGINEFR's agent at the site, will act as directed by and under the supervision of F.NGDUM.R, and will confer with ENGMEER regarding RPR's actions. R.PR's dealings in matters Pertaining to the on -site work shall In general be with ENGMEER and CONTRACTOR keeping OWNER advised as necessary. RPR.'s dealing with subcontractors shall only be through or with the full knowtedge and approval of CONTRACMR. RPR shall generally communicate with OWNER with the kmoMedge of and under the direction of ENGngEM . B. Dutias and Resgwusibr�,ities of RPR I. Sc h+edu, = Renew the progress schedule, schedule of Strop Drawing submittals and schedule of values prcpared by CONTRACTOR and consult with ENGINEEER concerning acceptability. 2 Conferences and Meetings: Attend meetings with CONTRACTOR, suds as preemtrucxIon conferences, progress meetings, job conferences and other project - related meetings, and prepare and circ uJate copies of minutes thereof Page I of 4 3. Liaison: a. Serve as ENGINEI=R's liaison with CONTRACTOR. vwridng principally through CONTRACTOR"s superintendent and assist in understanding the kteat of the Contract Documents; and assist ENGZMER in serving as OWI', R s liacsaon with COMRACT OR wfum CONTRAC'['OR's apemdons affect OWMM"s on-sftc operattofm b. Assist in oehtaurirrg from U'w�}FM additional details or informatitm, wh.an required for proper a mwudon of the work 4. 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 ncdfy ENGDFEER of avanability of samples for e3amination. c. Advise ENGMEER and CONTRACTOR of the commencement of any Mork FNGring a S. op Drawing or sample if the submittal has not been approved by �. Review of Work, Rejec ri of Defective work, Impection3 and Tests: a, Conduct on -site observations of the Work in pro-*ess to assist ENGpgF.ER in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report to ENGDMM wh=aver RPR believes that any work is unsatisthetory, faulty or defective or does not conform re 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 ENO NEER of Work that RaR believes should be corrected or rejected or should be uncovered for otxservadon, or requires spedal testing, inspection or approval. C. Verify that tests, equipment and systems startups and operating and mainten== training are conducted in the presence of appropriate personnel, and that CONTRACTOR maintains adequate records thereof; and observe, record and report to ENGIlCEER appropriate details relative to the test procedures and startups. d. Accompany visiting inspecWrs rzpresenting public or other agencies staving ,jurisdiction over the Project, record the results of these inspections and report to ENGLNMER. b, interpretation of Contract Documents: Report to ENi TGLNEER when clarillcations and interpretations of the Conftact Docum=ts are needed and transmit to CONTRACTOR Clarifications and interpretations as issued by ENGDflaBX Page 2 of 4 7. Modifications: CMWder andevaluateCONTRACTOR'ssuggestionsfor mo&Ec adom in Drawings or Specifications and report with RPR's r=om=fxda&us to ENOIIE-20R Transmit to CONI'RACrOR decisions as issued by ENGINEER. S. Records - Maintain at the job site orderly foes for correspondence, reports of job cmfereriMS, Shop Drawings and samples, reproductions of original Contzacx Doaunents fnclnding all Work Directive Changes, Addenda, Change Orders. Field Orders,, addid ml DraMugs issued subsequent to the erepvtfon of the Contract, ENGINEER% ciarfBcadons and interpretations of the Contract Documents, progress reports, and other Project reLsted documents. b. Keep a diary or 109 book, recordmg CONNTRACTOR hours on the job site, weather conditions, data relative to questions of Work Directive Changes, Change Orders or changed conditions, list of job site visitors, daily actMtiei, deciskms, observations in general, and specific observations in mare detail as in the case of observing test prc eedures; and send cones to ENGINEER. C. Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors and major suppUers of materials and equipment. a. Furnish ENGD4EER periodic reports as required of progress of the Work and of CONTRACTOR's compHance with the progress schedule and schedule of Shop Drawing and sample submittals. b. COMWt with ZNCTINEER in advance of scheduled major tests, inspections or start of import= phases of the Work. C. Draft proposed Change Orders and Work Directive Changes, obtaining backup material from CONTRACTOR and recommend to ENGZ EER Change Order$, Work Directive Changes, and Field Orders. d. Report immediately to ENCT24BER and OWNER upon the occurrence cif any acctdent_ 10. Payment Requests: Review applications for payment with CONTRACTOR for comptiance with the established procedure for their subrnLmion and forward with rocommcudations to ENGrNEM now particularly the relationship of the paym=t requested to the sclV-dule of va.tues, Work completed and m3ted2ft and equipment delivered at the site but not inccrporsted in the Worle. 11. Cerdf 2tel, NWUtM*Me and Opention Manuaisr Dig the cour$e of the 'Warp verify flint cereiScates, MAint=w= and operation manuals and other data required to be assembled and &rnished by CONTRACTOR are applicable to the items actually installed and in accardarice with the Contract Documents, and have this material dc&ered to ENGINEER for review and forwarcling to OWNER prior to firml payment for the Work Page 3 of 4 a Ca:nplctio= a. Before E1 O'NEER issues a Certificate of SubsmntW Completion, submit to CONTRACTOR a list of observed items requiring completion or correction. b. Con+d= final inspection in the company of ENGINEER, OWNER, and CONTRACMR and prepare a final list of items to be completed or corrected. C. Observe that all items on final iist have been completed or corrected and make r c mendatforrs to El QUT ER concerning aaxptwKr— C. Lindladeas of Authority Resident Project Representative: 1. Shall not authorize any deviation from the Contr= Documents or substitution of materials or equipment, unless authcx+z by ENGINEER. Z. SMI not exceed lfrnftatioxrs Of ENQU EER's authority as set forth in the Agreement or the Contract ]Documents, 3. Shall not undertake air of the responsibflities of CONZRACrOR cubeantractors or CONTRACTOR's superimendeur. 4. Shall not advise on, issue directions relative to or a ssurne control over any aspect of the means, meLhods, techniques, sequences or procedures of construction unless such advice or directions are spec:ifical]y required by the Contract DocumeaM S. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work 6. Shall not aceept Shop Dr",'ing or sample submittals from anyone other than Contractor. 7. Shall rrot authorize OWNER w occupy the Project in wbole or in part. 8. Shall root participate in specdafb:ed field or laboratory tests or inspections conducted by others except as specifically authorized by ENGDzEER. Page 4 of 3 TOTAL P.10 CITY OF ALBERTVILLE FINANCIAL STATEMENT December 16 - December 31, 1993 Beginning Cash Balance December 16, 1993 $996,133.72 INCOME (Dec. 16 - Dec. 31) Auction Proceeds 1.00 Beer Permits 30.00 Building Permits 2,313.29 Dog License 10.00 Donation - Jaycees 195.00 Fire Dept. - C.D. 6,000.00 Impound Fees 43.50 Insurance Prem. Refund 2,177.00 Interest (Nov. & Dec.) 1,861.16 Reimburse - Psyk's 5th 6,391.59 Reimburse - JPB 77,000.00 Reimburse - JPB Sp.Mtg. 50.00 Water Tower Lease - JPB 5,000.00 Title Search 10.00 Wire Transfers In 1993B Proceeds (HWP2) 241,408.22 1993C Proceeds -Refund 175,439.33 TOTAL INCOME 517,930.09 EXPENSES (Dec. 16 - Dec. 31) Check #'s 8071 - 8125 (approved 12/20/93) 498,097.57 PAYROLL 12/15 - 12/28 Check # 8126 - Ann 501.83 Check # 8127 - Linda 790.57 Check # 8128 - Ken 938.46 Check # 8129 - Mike 698.45 Check #'s 8130 - 8159 (1993 invoices paid 38,237.00 on 12/30/93) TOTAL EXPENSES 539,263.88 Ending Cash Balance December 31, 1993 $974,799.93 INVESTMENTS: CD #9145 (Lions) - matures 1/20/94 @ 2.65% CD #9067 (Fire Dept.) matures 1/27/94 CD #8925 - matures 3/2/94 CD #9066 (Fire Dept) matures 3/17/94 CD #8807 - matures 3/30/94 CD #8579 - matures 6/28/94 Piper-Jaffray Investments (11/30/93) TOTAL INVESTMENTS 19,453.98 6,000.00 109,727.69 12,000.00 361,523.99 161,967.11 468,753.06 $1,139,425.83 CITY OF ALBERTVILLE FINANCIAL STATEMENT January 1 - Janaury 12, 1994 Beginning Cash Balance Janaury 1, 1994 INCOME (Jan. 1 - Jan. 12) Amu:-,ament Licences 210.00 Building Permits 8,588.80 Cigarette License 50.00 Disparity Aid 538.50 Equalization Aid 4,680.00 Fire Contract -Frankfort 5,418.50 HACA 68,318.50 Interest (ClinicBond) 5,760.03 LGA 19,297.50 Loan - Fraser Steel 585.27 Park Rent 50.00 PFA Bond 162,445.60 Reimburse - Psyk's 5th 246.20 Reimburse - Psyk's 5th 8,042.90 Reimburse - Psyk's 5th 163.92 Reimburse - 50th Street 39,972.57 Sewer Receipts 8,761.37 Storm Water Receipts 1,797.20 Storm Water Penalties .06 Title Search 70.00 TOTAL INCOME EXPENSES (Jan. 1 - Jan. 12) Check #'s 8160 - 8168 (approved 1/3/94) 22,497.05 PAYROLL 12/29 - 1/12 Check # P001 - Ann 517.97 Check # P002 - Linda 815.88 Check # P003 - Ken 1,013.34 Check # P004 - Mike 612.04 TOTAL EXPENSES 334,996.92 25,456.28 $974,799.93 Ending Cash Balance January 12, 1994 $1,284,340.57 INVESTMENTS: CD #9145 (Lions) - matures 1/20/94 @ 2.65% CD #9067 (Fire Dept.) matures 1/27/94 CD #8925 - matures 3/2/94 CD #9066 (Fire Dept) matures 3/17/94 CD #8807 - matures 3/30/94 CD #8579 - matures 6/28/94 Piper-Jaffray Investments (12/31/93) TOTAL INVESTMENTS 19,453.98 6,000.00 109,727.69 12,000.00 361,523.99 161,967.11 469,884.18 $1,140,566.95 CITY OF ALBERTVILLE BILLS TO BE PAID January 18, 1994 Check No. Vendor Reason Amount _ 8169 A T & T Mtnc. 69.84 Install New 485.80 555.64 8170 Albertville Auto Parts Sewer suppl. 130.61 Sts-equip. 228.96 Shop suppl. 50.64 410.21 8171 Am. National Bank GO Bond 60,895.00 8172 Chounard Office Prod. Capit. Outlay 1,206.54 8173 Crow River News Dec. Publications 66.13 8174 DJ's Supplies -Shop & C.H. 255.71 8175 Diversified Insp. Serv. Bldg. Insp. Expense 4,020.14 8176 Driver -Vehicle Srvcs. License Tabs 40.50 8177 Emergency Med. Prod. F.D. Equip. 229.50 8178 Federated Coop Propane-WWTF 431.25 8179 First Trust GO Bonds 78,514.60 8180 Fund Balance Payroll Update 14.00 8181 Gopher State Dec. Locates 4.50 8182 Hack's Sts-Gas 21.76 Park -Gas 21.76 Sewer -Gas 21.77 C.H. Supl 65.35 122.97 8183 Harvest Printing Stationery 152.63 8184 LaPlant Sanitation Dec. Service 85.71 8185 League of MN Cities Dir. of Mn Cities 22.80 8186 Meyer-Rohlin Eng. Fees 535655.68 8187 MN State Treas 4th Qtr. Bldg. Prmts 783.72 8188 Monticello Animal Control Dec. Animal Control 46.50 8189 Monticello Ford Repair Plow Truck 37.12 8190 Monticello, City of 8191 NEW Gateway Chamber 8192 NSP 8193 P.E.R.A. Life Ins 8194 P.E.R.A. 8195 Pat's 66 8196 Petty Cash 8197 Postmaster 8198 Printing Systems Inc. 8199 Radzwill Law Gfc. 8200 Rice Lake Contr. 8201 Sentry Systems, Inc. 8202 St. Michael F.U. 8203 Weber Gil 8204 Widmer, Inc. 8205 Wright Recycling Animal Control 97.00 Annual Dues 75.00 Dec. Electric 546.76 Linda & Ann 24.00 Payroll end 1/11 359.09 Sts-gas 72.29 Park -gas 26.41 Sewer -gas 36.41 F.D.-gas , 5 148.26 Reimb. 41.80 P.G. Box Rental 21.50 Payroll checks 256.23 Dec. Legal 1,225.00 Partl. Pay #5 WWTF 94,567.75 Park Shelter 57.51 F.U. Equip. Repair 50.00 Propane -Ponds 379.92 Partl. Pay #6 12,004.50 Dec. recycling 435.00 TOTAL $311,840.17 CONTRACT I. This agreement is entered between the City of Albertville (The City) and Diversified Inspection Services hereinafter referred as (the Contractor), for the purpose of the Contractor providing professional building inspection services to the City. II. CONTRACTOR RESPONSIBILITIES - The Contractor agrees: A. To make available its services as a Certified Building Official to the City of Albertville. B. To enforce the State Building Code for all construction within the City. C. To coordinate its efforts with the City and to be present at the City as needed for this purpose. D. To assume all costs incurred by the Contractor in the performance of his duties, Permit forms, Correction notices, Inspection Cards and a system for scheduling inspections. E. To perform other duties and inspections as requested by the City. III. CITY RESPONSIBILITIES - The City agrees: A. To maintain all records on all permits applied for and issued. B. To collect permit fees, and issue permits after the Contractor has reviewed and approved the permit application. C. To assist the Contractor, as necessary, with enforcement for corrections of violations of the State Building Code, when properly documented by the Contractor. IV. PAYMENT - The City agrees: To reimburse the Contractor as follows, upon proper receipt of documentation. 1) Upon submission of documentation showing that all required inspections have been made on the project the City agrees to pay the Contractor, 60% of the permit fee and 90% of the plan review fee. (based on the 1979 Uniform Building Code Fee Schedule Table #3-A) 2) Other duties and inspections will be made at the request of the City for the fee of $30.00 dollars per hour. PAGE 2 V. DURATION A. The period of this agreement shall be from January 1, 1994 thru December 31, 1994. S. This Contract may be extended or renewed by action of the City with the consent of the Contractor. C. This agreement may be terminated within (30) days upon written notification from the Contractor or the City. City of Albertville Mayor and Counsel Members City Clerk Cont ctor Kevin Mealhouse Diversified Inspection services PAGE 2 V. DURATION A. The period of this agreement shall be from January 1, 1994 thru December 31, 1994. B. This Contract may be extended or renewed by action of the City with the consent of the Contractor. C. This agreement may be terminated within (30) days upon written notification from the Contractor or the City. City of Albertville Mayor and Counsel Members City Clerk Contractor -21 Kevin Mealhouse Diversified Inspection services 01/11/94 15:33 V612 337 5601 DSL, IN*C. Z 001/007 CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA CONTRACT FOR CURBSIDE RECYCLING SERVICES This Contract is made as of the 1st day of January, 1993, and is by and between CITY OF ALBERTVILLE, a municipal corporation, with offices at 5964 Main Avenue, Albertville, MN 55301 ("City") and WRIGHT RECYCLING, INC. P.O. Box 256, Rockford, Minnesota 55373. ("Contractor"). The City and Contractor agree as follows: SECTION 1. PURPOSE: The purpose of this Contract is to establish a recycling project for the collection of recyclable materials from residents of the City. SECTION 2. DEFINITIONS: "RECYCLABLE MATERIALS" means newsprint, corrugated cardboard, glass, aluminum, steel and "tin" cans, car and truck batteries, plastic containers such as milk (HDPE #2), pop (PETE #1) and containers such as ketchup and household cleaners (47 OTHER); and other materials as mutually agreed upon by the City and Contractor. SECTION 3. SERVICES TO BE PERFORMED: A. The Contractor shall collect all recyclable materials for collection of residents in the City commencing on January 1-31 1994, and continuing on every other Thursday during the term of this Contract. B. The Contractor shall not be required to make regular collections on State of Minnesota legal holidays; provided, however, that collection shall occur on the routes reasonably in advance thereof or thereafter so that the monthly schedule shall be completed regardless of a holiday. SECTION 4. TERM OF CONTRACT: A. The term of this Contract shall be January 1, 1994 through December 31, 1994. B. This Contract may be renewed at the City's option. Renewal shall be subject to mutual agreement to amendments proposed by the City or Contractor. The City may, however, seek competitive bids, and in its discretion, select another Contractor at the end of the term. 01/11/94 13:34 $612 337 3601 DSU, INC. Z 002.007 C. At such time during the term of this contract if an event or events occur which result in substantially higher collection fees, the Contractor at its option, upon 6o days written notice to the Township may request a renegotiation of the contractor's compensation defined in Section 8 of this Contract. In the event the parties are unable to reach an agreement on the compensation, the Contractor at its option, may terminate this contract. D. At such time during the term of this contract, if twenty (20) new houses are added, the Contractor will receive an additional Twenty Dollars and no/100 ($20.00) to the monthly fee. Each time twenty new homes are built, the monthly fee will increase. This will be done with written notice. SECTION 5. PREPARATION FOR COLLECTION: A. All occupants of residential properties in the Township who participate in the recycling project will be directed to separate and store recyclable materials in containers provided by the Township. B. Participants shall be advised that containers in which recyclable materials have been stored shall be placed upon the boulevard area of the street in front of the homeowner's residence for collection. Containers shall be placed for collection by 7:00 a.m. on the scheduled day of collection. C. All recyclable materials placed for collection shall be owned by and be the responsibility of the occupants of each residential property until said materials are handled by the Contractor. Upon handling of the containers and recyclable materials by the Contractor, the recyclable materials become the property and responsibility of the Contractor. SECTION 6. CONTRACTOR'S EQUIPMENT: A. All vehicles used by Contractor in picking up the recyclable materials from the residential properties shall be painted and marked uniformly and shall be identified on both sides of the cab. Broom and shovel in good usable condition shall be placed and maintained on each truck. 01/11!94 15:3.1 V612 337 5601 DSt, INC. Z 003/007 B. The Contractor shall materials in vehicl portion of the trucks leak therefrom. Ali vehicles shall be ke odors as possible ani any street or other necessary to collect make all collections of recyclable ;s with closed tops on the load so that contents will not spill or 3f the Contractor's receptacles and )t clean and as fee from offensive i shall not be allowed to stand in place longer than is reasonably recyclable materials. C. The Contractor shall keep all equipment used in the performance of the work required by this Contract in good operating condition and in a clean, sanitary condition and shall thoroughly wash each vehicle at least twice each month or before each collection unless the same has not been used since the last washing thereof. 1 All of the Contractor's equipment is subject to periodic inspection by the City. }�.•. SECTION 7. CONTRACTOR'S OPERATIONS: I A. The Contractor shall establish and maintain an office staffed and capable of accepting complaints and customer calls. The office shall be in service during the hours Of 8:00 a.m. and 5:00 p.m. on all days of collection as specified herein. Any changes in address and telephone number of the office shall be given to the Township in writing at least ten working days prior to such change. The address of the office as of the execution of this contract is P.O. Box 256, Rockford, Minnesota 55328. The telephone number is 477-5426. B. Complaints on service will be taken and collected by the City in addition to those received at the Contractor's office. The City will notify the Contractor of all complaints it receives. The Contractor is responsible for all corrective actions. A record of all such complaints and the action taken thereon shall be kept by the Contractor and reported monthly to the City. All complaints shall be answered by the Contractor courteously and promptly. C. Whenever the City or a resident participant notifies the Contractor of locations which have not received scheduled service, the Contractor is required to service such locations before 7:00 p.m. of the same day if notified prior to noon. When notified after noon, the Contractor shall service such locations not later than 12:00 p.m. of the following day. 01i11,'94 15:35 '&612 337 5601 DSL, ISC. D. The Contractor's employees shall handle all containers with reasonable care to avoid damage, shall replace all containers in an upright position and shall .immediately clean up and dispose of any recyclable materials which may have fallen out of a container. E. The performance of the contract shall be done by Contractor with staff which are adequate to insure the satisfactory collection and disposal of the recyclable materials at all times. contractor's failure to perform shall not be excused by adverse conditions of weather, breakdown, and similar hindrances which on other work might be regarded as "acts of providence". F. The Contractor shall certify that the materia.ls.collected are delivered to a recycling processing Materials found to be landfilled will be in violacenter. this Contract and cause the city to consider termtion of ination of this Contract. SECTION B. COMPENSATION: The City will compensate the Contractor at the rate of Four Hundred Thirty -Five and 00/100 Dollars ($b00.00 1994 from alI residents who desire 00 ) per month for the year participate. SECTION 9. FILING OF REPORTS: The Contractor shall submit a monthly summary describing the residents' participation rate, the recyclable materials collected and the Primary y and kinds of all recyclable materials. Monthly summaries shall r bea submitted the later than the 15th day of the month following the month for which the report is submitted. SECTION 10. ACCESS TO RECORDS: The contractor shall permit the City to review its books, documents, papers, and records which are directly related to the Performance of this contract for the purpose of making an audit, and other examinations deemed necessar b y y the City. SECTION 11. INSURANCE: Prior to the commencement of this Contract, the Contractor shall furnish the City certificates or copies of the following policies of insurance, approved by the City Attorney, t such insurance is in force. All endorsements shall apply to both bodily injury or death and property damage coverage. 01/11/94 15:35 V612 337 5601 DSU, INC. N A. Comprehensive general liability against liability for bodily injury of $50,000.00 for any one person $100,000 for two or more persons in and for damages to property in the B. C. insurance insuring of death, in the sum and in the sum of the same occurrence, sum of $50,000.00 Workers, compensation insurance and employers, liability insurance as required by law. Automobile liability and property damage insurance, including coverage for non -owned and hired vehicles, in limits as for comprehensive general public liability coverage stated above. No policy shall contain any provisions for exclusions from liability other than provisions for exclusion from liability forming part of the standard basic unamended and unendorsed form of Policy, except that no exclusion will be permitted in any event if it conflicts with a coverage expressly required in this contract, and in addition, no policy shall contain any exclusion from bodily injury to, or sickness, disease or death of any coverage under the contractual liability endorsement of the liability Contractor under this contract. Compliance by the contr ctof with the fore-goingthe requirements to carry insurance and furnish certificates shall not relieve the Contractor from liability assumed under any provisions of this contract. SECTION 12. INDEMNIFICATION: The Contractor shall indemnify and hold harmless the City and its Officers, agents and employees from and against all claims, damages, losses or expenses, including attorney fees, for which it may be held liable, arising out of or resulting from the assertion against them of any claims, debts or obligations in consequence of the performance of this Contract by the Contractor, its employees, agents or subcontractors. SECTION 13. TERMINATION: The City shall have the right to terminate this Contract prior to the expiration of its term if in the Cityls opinion, a breach of its terms by the Contractor. there has been SECTION 14. PENALTIES AND DAMAGES: A. Failure by the Cant may result in its term nation and/or claims by for damages.y 01/11/94 15:36 '&612 307 5601 DSU,, INC. 00 B. In the event of breach of this Contract, or proven negligence by the Contractor, the Contractor agrees to Pay, in addition to the actual damages sustained by the city as a result thereof, the reasonable attorneys fees incurred by the City in pursuing any of this Contract. its rights under SECTION 15. .SUCCESSORS AND ASSIGNS: The Contractor binds itself, its successors, executors, administrators and assigns to the City in respect to all covenants of this Contract, except that the Contractor shall not assign or transfer any part of its interest in this Contract nor shall the Contractor assign any monies due, or to become due, City's written consent, without the SECTION 16. AMENDMENT, MODIFICATION OR WAITIER: No amendment, modification, or waiver of any condition, or term of this Contract shall be valid or of any effect provision, made in writing, signed by the party or parties to be bound or by its duly authorized representative particularity the extent and nature and such speclf amendment h modification, or waiver. Any waiver by any party of any default of another party shall not affect or impair any right arising from any subsequent default. SECTION 17. SEVERABLE PROVISION: Each provision, section, sentence, clause, phrase, and work of this Contract is intended to be severable. If an any reason sentence, clause, phrase, or word hereof is llegal �oroinvalid�for affe t the validity of � thecremain illegality of this invalidity shall not Contractor. SECTION IS. ENTIRE CONTRACT: This Contract contains the entire understanding hereto with respect to the transactions of the Partiescontemplated hereby and supersedes all prior agreements and understanding between the Parties with respect to such subject matter. No representations, warranties, undertakings, or promises, whether oral, implied, written, or otherwise, have been made by either party hereto to the other unless expressly stated in this Contract or unless mutually agreed to in writing between the parties hereto after the date representations, agreements, or understandings not expressly set forth herein. SECTION 19. CAPTIONS, HEADINGS OR TITLES: All captions, headings or titles in the paragraphs or sections of his Contract are inserted for convenience or reference only and shall not constitute a part of this Contract as a limitation of the scope of the particular paragraphs or sections to which they apply. O1/11/94 15:37 $61.2 337 5601 DSU , INC. IN WITNESS WHEREOF, the parties hereto have executed this Col the day and year first above written. CITY: CONTRACTOR: CITY OF ALBERTVILLE P.J. HANSON, D/B/A WRIGHT RECYCLING By: Its Mayor ATTEST: By: Its Clerk/Administrator P.J. Hanson rrsuru�HL. y � Proposal No. CITY OF ALBERTVILLE ALBERTVILLE, MINNESOTA 55301 Sheet No. Date Proposal Submitted To Work To Be Performed At Name tiv, of la \ Street e f 1 ,1 cr to lbu�.� i ll P City State Street City Date of Plans State Architect Telephone Number We hereby propose to furnish the materials and perform the labor necessary for the completion of - —_ ARTWORK $ 80.00----- --- — VINYL PRODUCTION $_100.00 _ ON PREMIS SIGN PRODUCTION $199.00 _ TOTAL $379.00 ---__INSTALLATION.JLABOR _ — _-- — --- REMOVE--ALBERTYILLE—SIGN__.AND--F-LACEON—NEW BUILDING. REMOVE VI LETTERS REMOVE AND INSTALL ON PREMIS SIGN AND PAINE FRAME INSTALL VINYL LETRS TOTAL] $7All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of with payments to be made as follows: UPON COMPLETION Dollars ($ 566.00 Any alteration or deviation from above specifications involving Respectfully submitted _mot �� S v1 �4 extra costs, will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond Per our control. Owner to carry fire, tornado and other necessary insurance upon above work. Workmen's Compensation and Note — This proposal may be withdrawn Public Liability Insurance on above work to be taken out by by us if not accepted within days ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Signature Date S l�f "Signature TOPS FORM NO. 3750 LITHO IN U.S.A. To I'd uttnueuj <__ sot4dej0uegjngnS S??t 08Z Zt9 Y 6b:bt b6i20it0 :� 13i30z93 10:16 a 612 780 1663 o R SuburbanGraphics --> Franklin P.03