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2005-02-07 CC Packet . . . ~ ~~~t!'!iJL€ ALBERTVILLE CITY COUNCIL AGENDA FEBRUARY 7, 2005 7:00 PM 1. PLEDGE OF ALLEGIANCE 2. CALL TO ORDER - ROLL CALL - ADOPT AGENDA 3. MINUTES a. January 18,2005 City Council Minutes (pgs 3-14) 4. CITIZEN FORUM - (10 Minute Limit) 5. CONSENT AGENDA a. Approve payment of claims check numbers 020980 - 021031 (pgs 15-24) b. 2005 Local Board of Review and Equalization meeting date set for 6:30 p.m., Tuesday May 3, 2005 (pg 25) c. Set Thursday, February 10th and 23rd at 6:30 p.m. for Council workshops to review City Hall design and layout d. Adopt Resolution No. 2005-08 entitled Resolution Acknowledging the 150th Anniversary ofthe Founding of Wright County (pg 27) e. Approve City Engineer's Recommendation to Accept Application for Payment No.1 (FINAL) to Century Fence Company in the amount of$7,780.00 (pg 29) f. Adopt Resolution No. 2005-09 entitled A Resolution Requesting Federal Transporation Funding for Interstate 94 Access and Safety Improvements at CSAH 19 and CSAH 37 in the City of Albertville (pg 31) g. Approve the Engineer's recommendation for Change Order Summary for Public Works Facility (pg 33) h. Approve amending the City Personnel Policy allow the City Administrator to extend probationary periods with the opportunity to an employee who disagrees to appeal to the Personnel Committee, effective immediately 1. Accept the Personnel Minutes dated January 26, 2005 - attached 6. ACTION ON PULLED CONSENT ITEM 7. YMCA UPDATE - GREG VOSS AND ANITA LANCELLO 8. DEPARTMENT BUSINESS a. Public Works 1. Written Report (pg 35) 1 b. Engineering 1. 70th Street Corridor - Construction Cost Options (pg 37-38) c. Legal d. Finance 1. 4th Quarter Budget Update (pgs 39-41) e. Administration 1. Bonestroo, Rosene, Anderlic & Associates, Inc Architectural Contract - attached 2. 2005 Capital Improvement Plan (to be presented at the meeting) 3. Written Report (pg 43-51) 9. OTHER BUSINESS, MINUTES, CORRESPONDENCE and MATERIALS a. Wright County Planning Commission Public Hearing Notice (pgs 53-54) 10. ADJOURNMENT . . . 2 . . . ~ AJ~~r.t'!iJL€ City of Albertville City Council Minutes January 18, 2005 Albertville City Hall 7:00 PM PRESENT: Mayor Don Peterson, Council members Tom Fay, Ron Klecker, LeRoy Berning and John Vetsch, Assistant City Attorney Dave Wendorf, City Engineer Pete Carlson, City Administrator Larry Kruse, and City Clerk Bridget Miller ABSENT: City Planner Al Brixius Mayor Peterson called the City Council meeting of the City of Albertville to order at 7:00 p.m. followed by the Pledge of Allegiance. AGENDA MOTION BY Council member Klecker, seconded by Council member Berning to approve the Agenda with the following amendments. Motion carried unanimously. Added Items: Legal- Temporary Sign Fee Administration - Hiring an Architect Administration - Don's Bus Service Administration - Water Bill MINUTES MOTION BY Council member Fay, seconded by Council member Beming to approve the January 3, 2005 regular City Council minutes amending page 8; second paragraph from the bottom Council brought to staff's attention of two (2) wooden poles and one (1) metal pole at the intersection ofCR 19 and 5th Street., and January 10,2005 City Council Minutes - Workshop as presented. Motion carried unanimously. CITIZEN FORUM There was no one present. CONSENT AGENDA MOTION BY Council member Beming, seconded by Council member Klecker to approve the consent agenda pulling items b and c. Motion carried unanimously. 11. Approve payment of claims check numbers 020916 - 020962 12. Approve the City Engineer's recommendation for Application for Change Order No.2 for 2004 School Pedestrian and Bike Trail in the amount of$12,692.20 3 13. Approve the City Engineer's recommendation for final acceptance of the public street and . utility improvements installed with the 2nd Addition of the Towne Lakes development and release their Letter of Credit 14. Approve City Engineer's recommendation for Payment No.9 for Public Works Facility Design and Construction in the amount of $7,543.00 15. Approve the City Engineer's recommendation for Pay Application No.4 to Dennis Fehn Construction for the 2004 Prairie Run Project in the amount of $347,504.38 16. Approve the City Engineer's recommendation to reduce the Letter of Credit for Towne Lake 5th Addition to $838,075 and reduced to $713,475 ACTION ON PULLED CONSENT ITEMS ApPROVE THE CITY ENGINEER'S RECOMMENDATION FOR ApPLICATION FOR CHANGE ORDER No.2 FOR 2004 SCHOOL PEDESTRIAN AND BIKE TRAIL Council wanted more information as to what the Change Order was for. City Administrator Kruse stated that Dennis Fehn wanted a sidewalk on his property in lieu of a trail. F ehn agreed to pay the difference between the bituminous cost and concrete. A portion was to fix and repair Fehn's irrigation line. The City will pursue Buffalo Bituminous for liquidation damages to Fehn's irrigation system. 100% of the cost of this change order will be paid by Fehn and Buffalo Bituminous. Motion by Council member Berning seconded by Council member Klecker to accept the City Engineer's recommendation for Application for Change Order No.2 for 2004 School Pedestrian . and Bike Trail in the amount of $12,692.20 and authorize payment. Motion carried unanimously. ApPROVE THE CITY ENGINEER'S RECOMMENDATION FOR FINAL ACCEPTANCE OF THE PUBLIC STREET AND UTILITY IMPROVEMENTS INSTALLED WITH THE 2ND ADDITION OF THE TOWNE LAKES DEVELOPMENT AND RELEASE THEIR LETTER OF CREDIT City Engineer stated that City Attorney Couri recommended the City accept the public street and utility improvements installed with the 2nd Addition of the Towne Lakes Development. Couri suggests not releasing the Letter of Credit contingent on the final acceptance of the public street and utility improvements. Council asked about the spacing of the streetlights. Why are they spaced closer in the 1 st Addition then you drive thru the rest of the addition and they are farther apart? Dave Hempel, of CPDC, stated that in the 1 st Addition the street light layout was done under the direction ofXcel Energy. The 2nd thru 5th Addition was laid out by Wright-Hennepin Electric. MOTION BY Council member Vetsch, seconded by Council member Fay to approve the City Engineer's recommendation for final acceptance of the public street and utility improvements installed with the 2nd Addition ofthe Towne Lakes development. Motion carried with Council member Berning voting nay. . 4 . . . DEPARTMENT BUSINESS SHERIFF'S DEPARTMENT COVERAGE REVIEW Lt. Dan Anselman stated that the Wright County Sheriffs Department currently covers 2 shifts of police protection to date. Currently, Albertville has 16 hours of coverage: 9:30 a.m. to 6:00 p.m. and 6:00 p.m. to 2:30 a.m. The last officer was added when the Mall opened. The Sheriffs department is seeing a lot of traffic problems and business thefts. As we take a look at Albertville today in comparison to the past, what we see happening is Albertville is growing. There is additional residential growth and commercial growth. Therefore we see a need for another shift of police coverage. Sheriff Miller recommends 8-additional hours of coverage, but what time of day do we add has not been addressed. They have statistics of crime or activity for 2003, but have not completed 2004 yet. The Sheriff s Department would look for some suggestions from the Council as to when you would like additional coverage. Other factor is the time frame, when would you like to implement the additional hours. Our recommendation would be to implement this shift in July 2005 with the suggestion that the hours be from 2:00 p.m. to 8:00 p.m. MOTION BY Council member Berning, seconded by Council member Klecker to authorize Mayor Peterson to sign the 2005 Law Enforcement Contract. Motion carried unanimously. Council commented about putting an article on the front page of the North Crow River news about the squad cars parked at the Fire Hall. Mayor Peterson asked the Council ifit would be okay for the deputy's to park the squad cars in the semi-vacant Public Works garage. Peterson just thought with the recent cold temperatures we have had that storing them in the garage they would that be somewhat protected. Lt. Anselman stated he would discuss this at their staff meeting and get back to the City. PLANNING AND ZONING None. ENGINEERING None. LEGAL ApPROVE TOWNE LAKES ENCROACHMENT AGREEMENT Assistant City Attorney Wendorf stated it appears the landscaping encroaches 3-7 feet into the parkland adjacent to the trail. The homeowners want to buffer the trail and yet enhance the landscaping in the park as well as with their lot to give a more pleasant experience walking along the trail. The Council expressed concern about allowing structures such as the fence, but were agreeable to allow the plantings. 5 MOTION BY Mayor Peterson, seconded by Council member Berning to authorize City Attorney . Couri to amend the encroachment agreement by leaving the flowerbed and remove any artificial structures such as fences. Motion carried unanimously. ApPROVE RESOLUTION No. 2005-06 ENTITLED MOONEY EASEMENT VACATION Assistant City Attorney Wendorf said this easement was passed in November 2004. However, Minnesota Statutes require that the vacation be done by resolution rather than by motion. Mike Couri has prepared a resolution approving the vacation. MOTION BY Council member Klecker, seconded by Council member Berning to approve Resolution No. 2005-06 Entitled Mooney Easement Vacation. Motion carried unanimously. ApPROVE RESOLUTION No. 2005-07 ENTITLED LIQUOR LICENSE FEES Assistant City Attorney Wendorf commented that at the last City Council meeting the City Council inquired whether businesses that sold non-intoxicating liquor in cans or bottles needed to have an Off-Sale License from the City. This resolution reflects what was passed by the City Council at the January 3, 2005 meeting. MOTION BY Council member Vetsch, seconded by Council member Klecker to approve Resolution No. 2005-07 Entitled Setting Liquor License Fees. Motion carried unanimously. TEMPORARY SIGNS . Mayor Peterson addressed the Council asking if they would approve waiving the Temporary Sign Permit fee for all non-profit organizations. MOTION BY Mayor Peterson, seconded by Council member Vetsch to approve waiving the Temporary Sign Permit Fee for all non-profit organizations. Motion carried unanimously. ADMINISTRATION WRITTEN REpORT City Administrator Kruse started out by addressing the poles at the intersection of 57th Street and CSAH 19. There are two wood pole streetlights that Xcel has removed. They will initiate billing new lights effective January 12,2005. The one decorative pole on the southwest comer to the west is being considered to be moved westerly in spring 2005. Council commented about a spot near the Albert Villas on Kassel Avenue, which seems dark. Council advised staff to research the area and if needed get an additional light installed. Council shared that on CSAH 19 East exit ramp was another area that was dark. Council felt at one time there was a streetlight located there and advised staff to look into the matter and report back to Council. . 6 . . . City Administrator Kruse reviewed the balance of the report. Kruse shared with the Council the next Albertville Business Council's topic is "Banner Sign Issue" scheduled for February 17th at the Country Inn & Suites. Kruse added that Edina Development has made a proposal, but we are not in agreement and are still negotiating. Council encouraged staff to get a time line from Mr. Mezile, President & CEO of the YMCA. They would like to keep good communication through the process as we move forward. Council suggested putting something in the North Crow River News or the next City Newsletter before any incorrect information was communicated. 2004 ACTIVITY REpORT - A YEAR IN REVIEW City Administrator Kruse stated this is just a brief summary of what has been happening in Albertville. It would be information to share at the upcoming State of the City. PRoPOSAL FOR MUD LAKE WATER CROSSING (TRUNK FUND PROJECT) City Administrator Kruse addressed the Council regarding the letter of proposal for professional services related to a geotechnical study in preparation to bore a water main under Mud Lake to serve Hunter's Pass. Hunter's Pass Estates has contacted the City and is waiting to find out how much the City is going to charge the developer for 70th Street and Maciver Avenue. Whether Hunter's Pass Estates is developed or not, we anticipate that someone in the future will develop the land. By proceeding with the geotechnical study now, the company can drive soil- testing equipment on the ice rather than in a boat. Council wanted to know what the estimated difference would be if we do the water main crossing now versus in the spring. City Engineering Carlson estimated the difference could be around $8,000. MOTION BY Council member Fay, seconded by Council member Klecker to authorize S.E.H. to proceed with the geotechnical study in preparation for the Mud Lake water main crossing. Motion carried unanimously. DON'S Bus GARAGE Mayor Peterson addressed the Council and staff regarding the connection of the north section of Lachman Avenue to 57th Street. Don Barthel, owner ofDon's Bus Garage informed the Mayor that it is becoming more and more difficult to get onto CSAH 19. Peterson wanted the Council to consider relocating the bus garage in the Barthel Industrial Park. City Engineer Carlson stated the 5ih Street connection project is not proceeding anytime in the near future. 7 Council member Vetsch offered to meet with the Barthels along with City Administrator Kruse to . review last fall's land appraisal. UTILITY - WATER BILL Council has had a number of resident's ask them what the $0.88 was on the sewer and water bill. It is noted as "unknown". City Administrator Kruse informed the Council it is the $5.21 annual Federal Safe Water Test. OTHER BUSINESS. MINUTES AND MATERIALS DIRECTION REGARDING REQUESTS FOR QUALIFICATIONS FOR CITY ENGINEER City Administrator Kruse requested direction on appointing a City Engineer. Kruse explained that the Council discussed this at the last workshop and if they want to appoint S.E.H. or seek another firm, they should take that formal action. MOTION BY Council member Berning, seconded by Council member Vetsch to proceed to invite three or four firms for interviews with the goal to appoint a City Engineer by March 1,2005. Motion carried unanimously. ENGINEERING PROJECT TRANSITION RECOMMENDATIONS Based on the Council's desire to consider a change in City Engineer, City Administrator Kruse prepared an Engineering Transition Plan, which identifies the status of various engineering projects and studies. City Administrator Kruse requested the Council identify which project(s) S.E.H. would . be completing and which may be transferred to the new appointed City Engineer. 50th Street Pedestrian Trail (2004 School Pedestrian Trail) Status-Scope of Project: In the summer of 2004, on behalf of the City of Albertville and City of St. Michael, the City let a contract to Buffalo Bituminous in the amount of$339,332.70 for construction ofa trail from CSAH 19 to Naber Avenue. The cost of this project is shared 50-50% with St. Michael exclusive of right-of-way costs. With change orders, the anticipated total cost is $353,876.90. Substantial completion went beyond the contract completion date, and the possibility exists for Buffalo Bituminous to pay some liquated damages for irrigation and some additional work the City incurred. Beyond the contract with Buffalo Bituminous, a contract in the amount of $2,415 was let to construct a small retaining wall to protect evergreens at the corner of Main Avenue and 50th Street. Financing: 50% ofthe cost of construction and Albertville's right-of-way costs will come from the Park Dedication Funds. Recommended Transition Plan: The Engineer and Inspector's continuity with the project and contractor is important. It is recommended that S.E.H. continue to close out this project by June 1, 2005. There will be some additional restoration prior to final acceptance. It is recommended . 8 . . . that if Buffalo Bituminous does not complete its final work by May 1, 2005 that the bond company be notified and the City seek another contractor to complete the work. Once the project is completed, a new City Engineer can follow-up with the one and two-year warranty items in consultation with S.E.H. MOTION BY Council member Klecker, seconded by Council member Vetsch to approve that S.E.H. continue to close out the 50th Street Pedestrian Trail by June 1,2005. There will be some additional restoration prior to final acceptance. It is recommended that if Buffalo Bituminous does not complete its final work by May 1, 2005 that the bond company be notified and the City seek another contractor to complete the work. Once the project is completed, a new City Engineer can follow-up with the one and two-year warranty items in consultation with S.E.H. Motion carried unanimously. 2004 Prairie Run Project Status-Scope of Project: In the summer of 2004, the City let a contract in the amount of$I,575,733.53 with Dennis Fehn Construction. To date the City has paid $835,563.09. The mass grading is pretty well complete, utilities installed, and some streets have the bituminous and others the gravel base has been installed. The original contract completion date is June 30, 2005. However, because of difficulties with finalizing the developer's agreement, construction began later than anticipated. It will be reasonable to extend the completion date if requested by the contractor. At this time the contractor has not requested a time extension. This project is complicated by shared work with the Shoppes at Prairie Run. 100% of the project is anticipated to be assessed to the benefited properties. Financing: 100% of the cost of this project will be assessed to the benefited properties, with the exception ofthe lift station costs. The City is responsible for the lift station costs. The City's costs are recovered through the trunk sewer charges. At some point in the near future, the Engineer will determine the project is substantially complete and the costs are known and based on this information the City will issue a short term assessment bond for the project. Recommended Transition Plan: The Engineer and Inspector's continuity with the project and the contractor is important. It is recommended that S.E.H. continue to close out the construction portion of this project through substantial completion and then follow up on any remaining punch list items. It is anticipated that the final completion can be accomplished by July 30, 2005. It is further recommended that S.E.H. be retained through adoption of the final assessments. A new City Engineer can follow-up with the one and two-year warranty items in consultation with S.E.H. MOTION BY Council member Vetsch, seconded by Council member Fay to approve S.E.H. continue to close out the construction portion of the 2004 Prairie Run Project through substantial completion and then follow up on any remaining punch list items. It is anticipated that the final completion can be accomplished by July 30, 2005. It is further recommended that S.E.H. be retained through adoption of the final assessments. A new City Engineer can follow- 9 up with the one and two-year warranty items in consultation with S.E.H. Motion carried unanimously. . Public Works Building Status-Scope of Project: In late spring of 2004, the City let a contract in the amount of$I,685,600.00 to Ebert Construction. With change orders, the revised amount is anticipated to be $1,720,600. The Engineer determined that substantial completion was reached on December 15, 2004. Most punch list items will be completed by year-end leaving the bituminous wear coarse for spring. In early 2005, staff will complete phone, computer and some other equipment additions for the project. Financing: The financing is complete via issuance of a $2,100,000 EDA Revenue Bond. Recommended Transition Plan: The Architects continuity with the project and the contractor is important. Remaining items include the installation of the bituminous wear coarse and punch list items. Although not a significant amount of work remains, it is recommended that S.E.H. continue to close out the construction portion of this project and follow up on any remaining punch list items. It is anticipated that the final completion can be accomplished by June 30, 2005. A new City Engineer can follow-up with the one and two-year warranty items in consultation with S.E.H. . MOTION BY Council member Fay, seconded by Council member Klecker to approve that S.E.H. continue to close out the construction portion ofthe Public Works Building and follow up on any remaining punch list items. It is anticipated that the final completion can be accomplished by June 30, 2005. A new City Engineer can follow-up with the one and two-year warranty items in consultation with S.E.H. Motion carried unanimously. 2003 CSAH 19 Upgrade Status-Scope of Project: In 2003, the City let a $1,387,827.10 construction contract for the widening ofCSAH 19 and related improvements. $58,669.60 in Change Orders was approved. To date $1,340,093.61 has been paid and $70,531.24 is held in retainage for punch list items. Financing: This project was finance via a General Obligation Bond with some assessments to benefited property. Recommended Transition Plan: The Engineer and Inspector's continuity with the project and the contractor is important. It is recommended that S.E.H. continue to close out this project by May 15, 2005. To force Buffalo Bituminous to perform, I suggest the S.E.H. notify the projects bond company of Buffalo Bituminous non-performance and unless we get a written commitment to complete this project in early spring, we proceed to get another contractor to complete the work. . 10 . . . MOTION BY Council member Klecker, seconded by Council member Vetsch to approve that S.E.H. continue to close out the 2003 CSAH 19 Construction Project by May 15,2005. To force Buffalo Bituminous to perform, it is suggested that S.E.H. notify the projects bond company of Buffalo Bituminous non-performance and unless we get a written commitment to complete this project in early spring, we proceed to get another contractor to complete the work. Motion carried unanimously. Frontage Avenue (LaCentre Avenue) Improvements Status-Scope of Project: In 2001, the City entered into a contract with Rolstad Construction in the amount of $304,599 and change orders of$9,120. To date $248,255.72 has been paid and we have retainage of $ 13,066.09 for the Frontage A venue sidewalk. Recommended Transition Plan: The Engineer and Inspector's continuity with the project and the contractor is important. It is recommended that S.E.H. continue to close out this project by May 15, 2005. To force Rolstad Construction to perform, I suggest the S.E.H. notify the projects bond company of Rolstad's non-performance and unless we get a written commitment to complete this project in early spring, we proceed to get another contractor to complete the work. Further, I suggest the City revisit the sidewalk there and consider installing just one sidewalk on the west side of the street and one or more connections to the Albertville Crossings parking lot on the east side of the street because it may be difficult to install a sidewalk there due to the grade. MOTION BY Council member Fay, seconded by Council member Klecker to approve that S.E.H. continue to close out the Frontage Road Project by June 1,2005. To force Rolstad Construction to perform, it is suggested the S.E.H. notify the projects bond company of Rolstad's non-performance and unless we get a written commitment to complete this project in early spring, we proceed to get another contractor to complete the work. Further, it is suggested that City revisit the sidewalk there and consider installing just one sidewalk on the west side of the street and one or more connections to the Albertville Crossings parking lot on the east side of the street because it may be difficult to install a sidewalk there due to the grade. Motion carried unanimously. Wastewater Treatment Facility Status-Scope of Project: In 2003, the City contracted with S.E.H. to design and prepare plans and specifications to expand the City wastewater treatment plant from the current 660,000 gallons per day to 980,000 gallons per day. The budget for the plans and specification phase was established at $296,900 and to date amount expended is $200,000. This portion of the engineering work is planned to be completed by March of2005. Recommended Transition Plan: The Engineer's continuity to finish the plans and specification is paramount as is S.E.H. completing construction and start-up. Another City Engineer can oversee the one and two year warranty periods. MOTION BY Council member Klecker, seconded by Council member Vetsch to approve S.E.H. completing engineering, design, bidding, construction and start-up of the Wastewater 11 Treatment Facility Expansion. Another City Engineer can oversee the one and two year warranty periods. Motion carried unanimously. . CSAH 37 Pedestrian Trail - The trail is planned from Kahler Avenue and follows CSAH 37 east to the downtown area. Drainage improvements for the rear yard areas of the homes at the intersection of Kahler Drive and CSAH 37 are part of the project. The City contracted with S.E.H. in the amount of $18,731 to complete the design and specifications for bidding the trail. Currently the plans and specification are 95 percent complete and should be ready for bidding in February of2005. Recommended Transition Plan: The Engineer's continuity with this project is important, however, this is a project that can more easily be transferred to another engineer for construction oversight. Although it is possible, 1 think it is in the best interest of the City to have S.E.H. complete the project in its entirety. MOTION BY Council member Vetsch, seconded by Council member Fay approving S.E.H. complete the design, bidding and construction of CSAH 37 Pedestrian Trail in its entirety. Motion carried unanimously. 1-94 Ramps Access Study Status-Scope of Project: The original budget for the 1-94 Access Study was $225,000 and as of December 31, the City has expended $157,000. The Engineering . components for development of an 1-94 Proj ect can be broken down into three distinct areas. 1) Feasibility Study and Permitting; 2) Design, specifications and bidding, and 3) Construction. Currently, we are getting close to identifying an access plan; State and Federal Access Permit and completion of the Feasibility Study. Modeling of the various options will be completed in late January and early February. It is anticipated that the permit request process will be completed by March 2005. Recommended Transition Plan: The Engineer's continuity within anyone of these phases is important. It is recommended at a minimum, that S.E.H. continue to complete the Feasibility Study and Access Permit portion of the project. Once completed, another engineering firm could complete the design and construction portion independently. MOTION BY Council member Berning, seconded by Council member Fay to approve that S.E.H. continue to complete the Feasibility Study and Access Permit portion of the project. Once completed, the new appointed engineering firm could complete the design and construction portion independently. Motion carried unanimously. 70th Street Transportation Master Plan Status-Scope of Project: Fall 2004 S.E.H. has been hired to complete an $8,500 Master Transportation Plan of 70th Street. The purpose of the study is to identify the location of full and limited access points on 70th Street and to get Wright County to modify the one-half mile spacing for full access along 70th Street. Both the City of . Otsego and the City of Albertville seek full access intersections at approximately one-quarter 12 . . . mile spacing. Further, the study will identify the proposed location of the street(s) in the northwest quadrant ofthe City, which will be useful as the City evaluates the extension ofthe Albertville Premium Outlet Street to the West. The cost to the City is anticipated to be approximately one-fourth as the City ofOtsego and private developers will be paying for the balance ofthe study. The traffic study portion is anticipated to be completed in late January or early February and the balance of the report by March 1,2005. Recommended Transition Plan: The Engineer's continuity with this study is very important. S.E.H. has much of the history .ofthis area and has been involved with previous discussions with the City ofOtsego. It is recommended that S.E.H. continue to complete the 70th Street Transportation Study and be involved with its presentation to Wright County. Once the study is completed, another engineering firm could complete the design and construction portion of any projects within the area independently. MOTION BY Council member Berning, seconded by Council member Klecker to approve S.E.H. continuing to complete the 70th Street Transportation Study and be involved with its presentation to Wright County with the goal to complete this Study and presentation to Wright County by March 1,2005. Once the study is completed, the new appointed engineering firm can complete the design and construction portion of any projects within the area. Motion carried unanimously. TINKLENBERG LOBBY PROPOSAL City Administrator Kruse said the Tinklenberg Group sent the City a Draft Work Plan, which outlines a full year of work with a fee in the $60,000 range. Kruse requested the Tinklenberg Group submit a revised plan in four-month increments, which is the proposal before the council. Kruse asked the Council for direction on the matter. Council member Klecker was in favor of proceeding with an initial budget of $25,000. Mayor Peterson was in favor of proceeding with an initial budget of $25,000. Council member Fay was in favor of proceeding with an initial budget of $25,000. Council member Vetsch was in favor of proceeding with an initial budget of $25,000 hoping we don't lose anything. Council member Berning was not in favor of proceeding with an initial budget of $25,000. MOTION BY Mayor Peterson, seconded by Council member Klecker authorizing the Mayor and Staff to contact the Tinklenberg Group to proceed with lobbying for the City of Albertville with the initial budget of$25,000. Motion carried with Council member Berning voting nay. HIRING AN ARCHITECT City Administrator Kruse addressed the Council on what their intention is on hiring an architect to design a new City Hall. 13 MOTION BY Council member Berning, seconded by Council member Fay authorizing City . Administrator Kruse to hire Bonestroo, Rosene, Anderslik and Associates to design a new City Hall. Motion carried unanimously. ADJOURNMENT MOTION BY Council member Fay, seconded by Council member Klecker to adjourn at 9: 15 p.m. Motion carried unanimously. . . 14 . . . CITY OF ALBERTVILLE 02/02/05 3:01 PM Page 1 *Check Summary Register@) Nam 10100 Premier Bank Paid Chk# 020980 CARQUEST Paid Chk# 020981 CASEYS GENERAL-2412 Paid Chk# 020982 CROW RIVER FARM Paid Chk# 020983 EGGEN'S DIRECT SERVICE, Paid Chk# 020984 EULL'S MANUFACTURING CO. Paid Chk# 020985 FRICKE & SONS SOD, INC Paid Chk# 020986 HALLMAN OIL COMPANY-FUEL Paid Chk# 020987 HEWLETT-PACKARD COMPANY Paid Chk# 020988 KING ENVIORNMENTAL Paid Chk# 020989 LARSON PUBLICATIONS Paid Chk# 020990 MILLER Paid Chk# 020991 MINNESOTA MUNICIPAL Paid Chk# 020992 MTR SERVICES INC Paid Chk# 020993 PLAISTED COMPANIES Paid Chk# 020994 S.E.H. Paid Chk# 020995 SPECIALTY FASHIONS Paid Chk# 020996 UNIFORMS UNLIMITED INC Paid Chk# 020997 XCEL ENERGY Paid Chk# 020998 AFLAC Paid Chk# 020999 ARAMARK UNIFORM SERVICES Paid Chk# 021000 ASSOC. OF METRO. Paid Chk# 021001 B & D PLUMBING Paid Chk# 021002 CARQUEST Paid Chk# 021003 CDW-G Paid Chk# 021004 CENTER POINT ENERGY Paid Chk# 021005 CENTURY FENCE COMPANY Paid Chk# 021006 CHOUINARD OFFICE Paid Chk# 021007 DAVIES WATER EQUIPMENT Paid Chk# 021008 DJ'S TOTAL HOME CARE Paid Chk# 021009 EGGEN'S DIRECT SERVICE, Paid Chk# 021010 ELAN FINANCIAL SERVICES Paid Chk# 021011 ESS BROTHERS & SONS, INC. Paid Chk# 021012 FEDERAL LICENSING, INC Paid Chk# 021013 GOVERNMENT TRAINING Paid Chk# 021014 GUIMONT, TIM Paid Chk# 021015 HALLMAN OIL COMPANY-FUEL Paid Chk# 021016 HEALTH PARTNERS Paid Chk# 021017 HENRY & ASSOCIATES Paid Chk# 021018 KRUSE, LARRY Paid Chk# 021019 Mil LIFE Paid Chk# 021020 MINNESOTA RURAL WATER Paid Chk# 021021 MN DEPT. OF TRADE/ECON. Paid Chk# 021022 NEXTEL COMMUNICATIONS Paid Chk# 021023 NFPA Paid Chk# 021024 OFFICE MAX Paid Chk# 021025 OXYGEN SERVICE COMPANY Paid Chk# 021026 SENTRY SYSTEMS, INC. Paid Chk# 021027 SPRINT- MO Paid Chk# 021028 SUTHERLAND, JON Paid Chk# 021029 TOSHIBA AMERICA INFO SYS Paid Chk# 021030 WASTE MANAGEMENT Paid Chk# 021031 WRIGHT-HENNEPIN Check Date February 2005 Check Amt 2/7/2005 2/7/2005 2/7/2005 2/7/2005 2/7/2005 2/7/2005 2/7/2005 2/7/2005 2/7/2005 2/7/2005 2/7/2005 2/7/2005 2/7/2005 2/7/2005 2/7/2005 2/7/2005 2/7/2005 2/7/2005 2/7/2005 2/7/2005 217/2005 2/7/2005 217/2005 2/7/2005 2/7/2005 217/2005 2/7/2005 2/7/2005 2/7/2005 2/7/2005 2/7/2005 2/7/2005 2/7/2005 2/7/2005 2/7/2005 2/7/2005 2/7/2005 2/7/2005 2/7/2005 2/7/2005 2/7/2005 2/7/2005 2/7/2005 2/7/2005 2/7/2005 2/7/2005 217/2005 2/7/2005 2/7/2005 2/7/2005 2/7/2005 217/2005 Total Checks $268.68 fittings, coupler bodies $2,824.29 refund over pd utility bill $373.21 band saw blades, angle & tube $158.81 fuel $448.90 manhole brick, rings and morta $134.19 140 yds $808.87 off road diesel $149.10 back up tapes $239.20 ice & snow melt $1,386.90 ordinance 2004-24 $81.48 fill sand $17.50 annual dues $127.50 Bob W/ Att 12.45-2-.15 $199.55 ice control sand $43,654.63 6 lot survey reviews $98.25 Jacket - FD - Donation acct $69.00 name plate, fd, seal, etc $3,883.85 11060 61st St Signal $16.16 AFLAC Insurance Prem $221.49 Uniform Serv - Parks Dept $250.00 Annual dues 2005 $190.00 Diagnostic & repair comples $33.92 greese gun $94.02 floppy drive $1,740.68 6461 Maciver $7,780.00 Pmt # 1 Final 04 Primary Schoo $18.20 pens, w2's, binder clips $1,300.29 T10 oil, turbine meters, Turbi $134.75 New PW bldg, hooks, pegs, brkt $303.98 fuel $1,607.07 PW New Bldg Phones $288.62 Type C Grates $119.00 rules & regulations FCC book $190.00 annual conferece BM $110.00 education $105.16 fuel $7,474.79 Emp Health/Dental Ins $436.88 cold patch $15.00 reimbursement $66.60 Emp Life Ins $55.00 SV C & D Wastewater $49,965.26 Bond Principal Pmt $497.22 nextel phones $135.00 Annual dues $373.65 PW new bldg $28.81 282 CF Oxygen $26.57 6461 Maciver 02/05 $1,295.80 497-1888 $135.00 mileage seminar $496.16 Copier Lease Agreement $141.99 Refuse Waste Hauler $235.94 parks $130,806.92 15 CITY OF ALBERTVILLE Payments Current Period: December 2004 Batch Name ap3 Payments Payments User Dollar Amt Computer Dollar Amt $54,923.91 $54,923.91 $0.00 In Balance Refe 4971 CARQUEST AP Payment E 101-43100-404 Repair/Maint - atd, fittings, coupler body I nvoiceD266491 12/17/200 AP Payment E 101-45100-404 Repair/Maint - fittings, coupler bodies InvoiceD266461 12/17/200 AP Payment E 101-43100-215 Shop Supplies FC measure, galv measure I nvoiceD266502 12/17/200 AP Payment E 101-43100-404 Repair/Maint - preston dex cool, antifreeze, windshld wash I nvoiceD266707 12/17/200 AP Payment E 101-43100-212 Motor Fuels oil filter InvoiceD266875 12/17/200 AP Payment E 601-49450-404 Repair/Maint - oil Filter InvoiceD267071 12/17/200 Transaction 2/1/2005 Due 2/1/2005 Accounts Payable 20200 Total Refe 4972 CROW RIVER FARM EQUIPMENT AP Payment E 101-43100-215 Shop Supplies band saw blades, angle & tube drops Invoice109111 12/17/200 Transaction 2/1/2005 Due 2/1/2005 Accounts Payable 20200 Total Refe 4973 CASEYS GENERAL-2412 AP Payment R 602-00000-37100 Water Sales - City refund over pd utility bill Invoice122004 12/31/200 AP Payment R 602-00000-37105 Water Sales - JPB refund over pd utility bill Invoice122004 12/31/200 Transaction 2/1/2005 Due 2/1/2005 Accounts Payable 20200 Total Refe 4976 EGGEN'S DIRECT SERVICE, INC. AP Payment E 101-43100-212 Motor Fuels fuel Invoice95256 12/31/200 AP Payment E 101-43100-212 Motor Fuels fuel Invoice95362 12/31/200 AP Payment E 101-43100-212 Motor Fuels fuel Invoice95263 12/31/200 AP Payment E 101-43100-212 Motor Fuels fuel Invoice95272 12/31/200 Transaction 2/1/2005 Due 2/1/2005 Accounts Payable 20200 Total Refe 4977 EULL'S MANUFACTURING CO. AP Payment E 101-43100-403 Repair/Maint - Catch manhole brick, rings and mortar mix Invoice56814 12/31/200 AP Payment E 466-49000-300 Professional Srvs 1000 gallon tank Invoice56932 12/31/200 Transaction 2/1/2005 Due 2/1/2005 Accounts Payable 20200 Total Refe 4978 FRICKE & SONS SOD, INC AP Payment E 101-43100-402 Repair/Maint - 140 yds Invoice123104 12/31/200 02/02/05 2:00 PM Page 1 . $115.64 $29.51 $85.23 $25.12 $7.67 $5.51 $268.68 $373.21 $373.21 $616.70 . $2,207.59 $2,824.29 $38.99 $46.01 $42.96 $30.85 $158.81 $60.17 $388.73 $448.90 $134.19 . 16 . CITY OF ALBERTVILLE 02/02/05 2:00 PM Page 2 Payments Current Period: December 2004 Transaction 2/ 2/2005 Due 2/2/2005 Accounts Payable 20200 Total $134.19 Rete 4979 HALLMAN OIL COMPANY-FUEL AP Payment E 101-43100-404 Repair/Maint- oft road diesel $808.87 Invoice141853 12/28/200 Transaction 2/ 2/2005 Due 2/2/2005 Accounts Payable 20200 Total $808.87 Rete 4980 HEWLETT-PACKARD COMPANY AP Payment E 101-41940-580 Other Equipment back up tapes $149.10 Invoice37300340 1/5/2005 Transaction 2/ 2/2005 Due 2/2/2005 Accounts Payable 20200 Total $149.10 Rete 4982 KING ENVIORNMENTAL AP Payment E 101-41940-399 Miscellaneous ice & snow melt $239.20 Invoice9384 11/18/200 Transaction 2/ 2/2005 Due 2/2/2005 Accounts Payable 20200 Total $239.20 Rete 4983 LARSON PUBLICA TIONS AP Payment E 101-41100-351 Legal Notices ordinance 2004-24 $200.55 Invoice01522938-001 12/31/200 AP Payment E 101-41100-351 Legal Notices ordinance 2004-25 $198.08 Invoice01522939-001 12/31/200 AP Payment E 101-41100-351 Legal Notices ordinance 2004-17 $146.37 Invoice01522940-001 12/31/200 AP Payment E 101-41100-351 Legal Notices ordinance 2004-18 $132.88 Invoice01522941-001 12/31/200 . AP Payment E 101-41100-351 Legal Notices ordinance 2004-22 $227.54 Invoice01522942-001 12/31/200 AP Payment E 101-41100-351 Legal Notices ordinance 2004-21 $45.61 Invoice01522943-001 12/31/200 AP Payment E 101-41100-351 Legal Notices ordinance 2004-20 $57.92 Invoice01522958-001 12/31/200 AP Payment E 101-41100-351 Legal Notices ordinance 2004-19 $73.88 Invoice01522959-001 12/31/200 AP Payment E 101-41100-351 Legal Notices ordinance 2004-23 $156.22 Invoice01522964-001 12/31/200 AP Payment E 101-41100-351 Legal Notices ordinance 2004-26 $62.84 Invoice01522987-001 12/31/200 AP Payment E 101-41100-351 Legal Notices ordinance 2004-27 $85.01 Invoice01522989-001 12/31/200 Transaction 2/ 2/2005 Due 2/2/2005 Accounts Payable 20200 Total $1,386.90 Rete 4984 MILLER AP Payment E 101-43100-403 Repair/Maint - Catch fill sand $81.48 Invoice75296 11/16/200 Transaction 2/ 2/2005 Due 2/2/2005 Accounts Payable 20200 Total $81.48 Rete 4985 MINNESOTA MUNICIPAL AP Payment E 602-49400-433 Dues and annual dues $17.50 Invoice25111 B 1/3/2005 Transaction 2/ 2/2005 Due 2/2/2005 Accounts Payable 20200 Total $17.50 Rete 4986 MTR SERVICES INC . 17 CITY OF ALBERTVILLE Payments Current Period: December 2004 AP Payment E 604-49660-406 RIM - Collection Bob W/ Att 12.45-2-.15 Invoice3269 11/9/2004 Transaction 2/ 2/2005 Due 2/2/2005 Accounts Payable 20200 Refe 4987 PLAISTED COMPANIES AP Payment E 101-43100-221 Ice Removal ice control sand Invoice5986 12/31/200 Transaction 2/ 2/2005 Due 2/2/2005 Accounts Payable 20200 Refe 4988 S.E.H. AP Payment E 101-41710-303 Engineering Fees Invoice0125225 1/12/2005 AP Payment E 450-49000-303 Engineering Fees Invoice0125226 1/12/2005 AP Payment E 101-42400-300 Professional Srvs Invoice0125224 1/12/2005 AP Payment E 450-49000-303 Engineering Fees Invoice0125227 1/12/2005 AP Payment E 101-41710-303 Engineering Fees Invoice0125228 1/12/2005 AP Payment E 101-41710-303 Engineering Fees Invoice0125229 1/12/2005 AP Payment E 101-41710-303 Engineering Fees Invoice0125230 1/12/2005 AP Payment E 101-41710-303 Engineering Fees Invoice0125645 1/12/2005 AP Payment E 101-41710-303 Engineering Fees Invoice0125231 1/12/2005 AP Payment E 476-49000-303 Engineering Fees Invoice0125646 1/12/2005 AP Payment E 491-49000-303 Engineering Fees Invoice0125465 1/12/2005 AP Payment E 473-49000-303 Engineering Fees Invoice0125647 1/12/2005 AP Payment E 470-49000-303 Engineering Fees Invoice0125648 1/12/2005 AP Payment E 101-41710-303 Engineering Fees Invoice0125232 1/12/2005 AP Payment E 101-41700-303 Engineering Fees Total Total 2000 Towne Lakes Development Albertviillas 3rd addition 6 lot survey reviews Albert Villas 6th Towne Lakes 2nd Towne Lakes Phase III Koville Estates 3rd Karston Cove 3rd Karston Cove 3rd School Pedestrian & Bike Trail WWTP Phase 2 Expansion Prairie Run 2004 CSAH 37 Bike Path Towne Lakes 5th General Engineering, Shoppes @ PR, Water Elevations, JPWB, Potter Invoice0125233 1/12/2005 Transaction 2/ 2/2005 Due 2/2/2005 Accounts Payable 20200 Refe 4989 SPECIALTY FASHIONS AP Payment E 101-42000-437 Misc. Donations Jacket - FD - Donation acct Invoice6778 12/3/2004 Transaction 2/ 2/2005 Due 2/2/2005 Accounts Payable 20200 Refe 4990 UNIFORMS UNLIMITED INC AP Payment E 101-42000-200 Office Supplies name plate, fd, seal, etc Invoice252249 12/22/200 Total Total 02/02/05 2:00 PM Page 3 . $127.50 $127.50 $199.55 $199.55 $238.94 $3,405.14 $900.00 $2,159.87 $795.60 $322.12 $83.28 $311.94 $215.95 . $3,735.56 $8,907.00 $19,267.82 $66.07 $505.60 $2,739.74 $43,654.63 $98.25 $98.25 $61.50 . 18 . . . CITY OF ALBERTVILLE Payments Current Period: December 2004 AP Payment E 101-42000-200 Office Supplies name plate, td, seal, etc Invoice250579 12/22/200 Transaction 2/ 2/2005 Due 2/2/2005 Accounts Payable 20200 Rete 4991 XCEL ENERGY AP Payment E 101-41940-381 Electric Utilities 5975 Main Ave Invoice0089522770010 12/31/200 AP Payment E 101-42400-381 Electric Utilities 5964 Main Ave Invoice0863829789010 12/31/200 AP Payment E 101-45100-381 Electric Utilities 11474 58th St Ne Invoice1430223298010 12/31/200 AP Payment E 101-45100-381 Electric Utilities 5801 Main Ave NE Invoice2462378607010 12/31/200 AP Payment E 101-42000-381 Electric Utilities 11350 57th St Invoice06371 0773601 0 12/31/200 AP Payment E 101-45100-381 Electric Utilities 11401 58th st Invoice1077226988010 12/31/200 AP Payment E 601-49450-381 Electric Utilities 6451 Maciver Invoice1752620886011 12/31/200 AP Payment E 101-43160-381 Electric Utilities 11060 61st St Signal Invoice0087736534011 12/31/200 AP Payment E 101-43160-381 Electric Utilities 11750 county rd 37 signal Invoice1843135081011 12/31/200 AP Payment E 101-43100-381 Electric Utilities 6461 Maciver Ave Invoice2010494730011 12/31/200 AP Payment E 601-49450-381 Electric Utilities 11942 52nd St Invoice1465421882012 12/31/200 AP Payment E 601-49450-381 Electric Utilities 11200 60th St Invoice1765329889011 12/31/200 AP Payment E 101-45100-381 Electric Utilities 11830 51st St Invoice0372326193006 12/31/200 AP Payment E 101-41940-381 Electric Utilities 5799 Lander Ave Invoice1407126195006 12/31/200 Transaction 2/2/2005 Due 2/2/2005 Accounts Payable 20200 Fund Summary 101 GENERAL FUND 450 ALBERT VILLAS 466 PUBLIC WORKS FACILITY 470 CSAH 37 473 PRAIRIE RUN 476 SCHOOL PEDESTRIAN - BIKE TRAIL 491 WWTF Phase 2 601 SEWER FUND 602 WATER FUND 604 STORM WATER Pre-Written Checks to be Generated by the Total 20200 Accounts Payable $11,726.07 $5,565.01 $388.73 $66.07 $19,267.82 $3,735.56 $8,907.00 $2,298.36 $2,841.79 $127.50 $54,923.91 $0.00 $54,923.91 $54,923.91 02/02/05 2:00 PM Page 4 Total $7.50 $69.00 Total $272.91 $213.39 $7.43 $7.43 $351.67 $235.56 $1,971.53 $27.19 $24.61 $424.46 $74.99 $246.33 $23.21 $3.14 $3,883.85 19 CITY OF ALBERTVILLE *Check Detail Register@) February 2005 Check Amt Invoice Comment Paid Chk# 021003 2/7/2005 CDW-G E 101-41500-570 Office Equip and Furnishings E 101-41500-579 Office Equip and Furnishings Total CDW-G Paid Chk# 021004 2/7/2005 CENTER POINT ENERGY E 101-43100-383 Gas Utilities $1,740.68 501002764606461 Maciver Total CENTER POINT ENERGY $1,740.68 Paid Chk# 021005 2/7/2005 CENTURY FENCE COMPANY E 476-49000-300 Professional Srvs (GENERAL) $7,780.00 Total CENTURY FENCE COMPANY $7,780.00 Paid Chk# 021006 2/7/2005 CHOUINARD OFFICE PRODUCTS E 101-41400-200 Office Supplies (GENERAL) $18.20 54630 Total CHOUINARD OFFICE PRODUCTS $18.20 Paid Chk# 021007 2/7/2005 DAVIES WATER EQUIPMENT CO. E 602-49400-250 Meters for Resale $1,300.29 3274518 Total DAVIES WATER EQUIPMENT CO. $1,300.29 Paid Chk# 021008 2/7/2005 OJ'S TOTAL HOME CARE CENTER E 466-49000-560 Furniture and Fixtures $32.57 885362 10100 Premier Bank Paid Chk# 020998 2/7/2005 AFLAC G 101-21710 Other Deducations $16.16 880864 Total AFLAC $16.16 Paid Chk# 020999 2/7/2005 ARAMARK UNIFORM SERVICES E 601-49450-417 Uniform Rentals $13.34 629-5623911 E 101-45100-417 Uniform Rentals $20.02 629-5623911 E 101-43100-417 Uniform Rentals $20.01 629-5623911 E 602-49400-417 Uniform Rentals $13.34 629-5623911 E 602-49400-417 Uniform Rentals $10.21 629-5623912 E 601-49450-417 Uniform Rentals $10.21 629-5623912 E 101-43100-417 Uniform Rentals $15.32 629-5623912 E 101-45100-417 Uniform Rentals $15.32 629-5623912 E 602-49400-417 Uniform Rentals $17.33 629-5634586 E 101-43100-417 Uniform Rentals $26.01 629-5634586 E 101-45100-417 Uniform Rentals $26.01 629-5634586 E 601-49450-417 Uniform Rentals $17.33 629-5634586 E 101-43100-417 Uniform Rentals $17.04 629-5634587 Total ARAMARK UNIFORM SERVICES $221.49 Paid Chk# 021000 2/7/2005 ASSOC. OF METRO. MUNICIPALlTIE E 101-41300-433 Dues and Subscriptions $250.00 Total ASSOC. OF METRO. MUNICIPALlTlE $250.00 Paid Chk# 021001 2/7/2005 B & 0 PLUMBING E 601-49450-405 Repair/Maint - Buildings Total B & 0 PLUMBING Paid Chk# 021002 2/7/2005 CARQUEST E 101-45100-404 Repair/Maint- E 101-43100-404 Repair/Maint- E 101-43100-404 Repair/Maint - Total CARQUEST $190.00 13268 $190.00 $16.19 0267271 $2.55 D267612 $15.18 0267676 $33.92 $21.61 QL12008 $72.41 QL24657 $94.02 AFLAC Insurance Prem Uniform Serv - Sewage Dept. Uniform Serv - Parks Dept Uniform Serv - PW Dept. Uniform Serv - Water Dept Uniform Serv - Water Dept Uniform Serv - Sewage Dept. Uniform Serv - PW Dept. Uniform Serv - Parks Dept Uniform Serv - Water Dept Uniform Serv - PW Dept. Uniform Serv - Parks Dept Uniform Serv - Sewage Dept. Uniform Serv - PW Dept. Annual dues 2005 Diagnostic & repair comples sealed beams brake line greese gun floppy drive cord floppy drive Pmt # 1 Final 04 Primary Schoo pens, w2's, binder clips T10 oil, turbine meters, Turbi New PW bldg, hooks, pegs, brkt 02/02/05. . . 20 . . . CITY OF ALBERTVILLE 02/02/05 3:00 P Page *Check Detail Register@) February 2005 Check Amt Invoice E 101-43100-215 Shop Supplies $16.76 885650 E 101-43100-215 Shop Supplies $29.88 886110 E 101-41940-405 Repair/Maint - Buildings $7.63 887052 E 101-43100-215 Shop Supplies $47.91 888110 Total DJ'S TOTAL HOME CARE CENTER $134.75 Paid Chk# 021009 2/7/2005 EGGEN'S DIRECT SERVICE, INC. E 602-49400-212 Motor Fuels $60.00 95104 E 601-49450-212 Motor Fuels $42.00 95110 E 101-45100-212 Motor Fuels $24.31 95111 E 101-43100-212 Motor Fuels $13.33 95115 E 601-49450-212 Motor Fuels $42.27 95121 E 101-43100-212 Motor Fuels $54.96 95122 E 101-43100-212 Motor Fuels $30.11 95304 E 602-49400-212 Motor Fuels $37.00 95307 Total EGGEN'S DIRECT SERVICE, INC. $303.98 Paid Chk# 021010. 2/7/2005 ELAN FINANCIAL SERVICES E 101-41300-200 Office Supplies (GENERAL) $3.93 E 101-41940-580 Other Equipment $118.00 E 101-41400-560 Furniture and Fixtures $149.Q1 E 101-41400-200 Office Supplies (GENERAL) $206.14 E 101-41300-335 Education $413.15 E 101-43100-335 Education $523.20 E 101-41500-570 Office Equip and Furnishings $25.67 E 101-42400-208 Training and Instruction $70.00 E 466-49000-570 Office Equip and Furnishings $97.97 Total ELAN FINANCIAL SERVICES $1,607.07 Paid Chk# 021011 2/7/2005 ESS BROTHERS & SONS, INC. E 604-49960-406 RIM - Collection System $288.62 GG6637 Total ESS BROTHERS & SONS, INC. $288.62 Paid Chk# 021012 2/7/2005 FEDERAL LICENSING, INC E 601-49450-404 RepairlMaint - $119.00 Total FEDERAL L1CENSING,INC $119.00 Paid Chk# 021013 2/7/2005 GOVERNMENT TRAINING SERVICE E 101-41400-208 Training and Instruction $190.00 Total GOVERNMENT TRAINING SERVICE $190.00 Paid Chk# 021014 2/7/2005 GUIMONT, TIM E 101-43100-335 Education $110.00 Total GUIMONT, TIM $110.00 Paid Chk# 021015 2/7/2005 HALLMAN OIL COMPANY-FUEL DIV E 101-43100-212 Motor Fuels $105.16 10822 Total HALLMAN OIL COMPANY-FUEL DIV $105.16 Paid Chk# 021016 2/7/2005 HEALTH PARTNERS E 101-41300-133 Employer Paid Dental G 101-21706 Group Insurance Payable E 101-42400-130 Employer Paid Ins E 101-43100-130 Employer Paid Ins E 101-41400-131 Employer Paid Health E 101-45100-130 Employer Paid Ins E 101.41500.131 Employer Paid Health E 601-49450-130 Employer Paid Ins Comment hooks, pegs, spry fltblk Trash bags, bit drill vinyl coat, spackl, puttyknife bit drill 1" 1/2 shank fuel fuel fuel fuel fuel fuel fuel fuel supplies cash drawer paper, ribbon chair office supplies. Pop, etc education PW TG class heater Bldg Tech class PW New Bldg Phones Type C Grates rules & regulations FCC book annual conferece BM education fuel $30.80 $1,716.45 $1,303.62 $1,295.32 $927.16 $577.26 $417.21 $577.26 Emp Health/Dental Ins Emp Health/Dental Ins Emp Port Emp Health/Dental Ins Emp Health/Dental Ins Emp Health/Dental Ins Emp Health/Dental Ins Emp Health/Dental Ins Emp Health/Dental Ins 21 CITY OF ALBERTVILLE *Check Detail Register<9 E 602-49400-130 Employer Paid Ins Total HEALTH PARTNERS Paid Chk# 021017 2/7/2005 HENRY & ASSOCIATES E 602-49400-407 RIM - Water Mains E 101-43100-400 Repair/Maint - Paved Rd Total HENRY & ASSOCIATES Paid Chk# 021018 2/7/2005 KRUSE, LARRY E 101-41300-200 Office Supplies (GENERAL) Total KRUSE, LARRY Paid Chk# 021019 2/7/2005 Mil LIFE E 601-49450-130 Employer Paid Ins $3.90 E 602-49400-130 Employer Paid Ins $3.90 E 101-42400-130 Employer Paid Ins $13.50 E 101-41300-131 Employer Paid Health $8.70 G 101-21710 Other Deducations $7.50 E 101-41400-131 Employer Paid Health $4.80 E 101-45100-130 Employer Paid Ins $3.90 E 101-41500-131 Employer Paid Health $2.40 E 101-43100-130 Employer Paid Ins $18.00 Total Mil LIFE $66.60 Paid Chk# 021020 2/7/2005 MINNESOTA RURAL WATER ASSOCIAT E 601-49450-208 Training and Instruction $55.00 Total MINNESOTA RURAL WATER ASSOCIAT $55.00 Paid Chk# 021021 2/7/2005 MN DEPT. OF TRADElECON. DEV. E 601-49450-611 Bond Interest $14,014.00 E 601-49450-601 Debt Srv Bond Principal $35,951.26 Total MN DEPT. OF TRADElECON. DEV. $49,965.26 Paid Chk# 021022 2/7/2005 NEXTEL COMMUNICATIONS E 101-41300-321 Telephone E 602-49400-323 Nextel Radio Units E 101-41400-323 Nextel Radio Units E 101-41400-323 Nextel Radio Units E 101-42400-323 Nextel Radio Units E 101-43100-323 Nextel Radio Units E 101-43100-323 Nextel Radio Units E 101-45100-323 Nextel Radio Units E 101-42400-323 Nextel Radio Units E 101-43100-323 Nextel Radio Units E 101-41400-323 Nextel Radio Units E 601-49450-323 Nextel Radio Units Total NEXTEL COMMUNICATIONS Paid Chk# 021023 2/7/2005 NFPA E 101-42000-433 Dues and Subscriptions Total NFPA February 2005 Check Amt $629.71 $7,474.79 Invoice Comment Emp Health/Dentallns repair clams cold patch reimbursement Emp Life Ins Emp Life Ins Emp Life Ins Emp Life Ins Emp Life Ins Emp portion Emp Life Ins Emp Life Ins Emp Life Ins Emp Life Ins SV C & D Wastewater Bond Interest Pmt Bond Principal Pmt nextel phones nextel phones nextel phones nextel phones nextel phones nexte! phones nextel phones nextel phones nextel phones nextel phones nextel phones nextel phones Annual dues Paid Chk# 021024 2/7/2005 OFFICE MAX E 101-41400-200 Office Supplies (GENERAL) $212.09 355968 pens, ctgs, protectors, surge E 466-49000-560 Furniture and Fixtures $161.56 60116120000 PW new bldg Total OFFICE MAX $373.65 Paid Chk# 021025 2/7/2005 OXYGEN SERVICE COMPANY E 101-43100-215 Shop Supplies $28.81 HW 48730 282 CF Oxygen $314.51 8927 $122.37 8927 $436.88 $15.00 $15.00 $50.81 718183318-3 $40.33 718183318-3 $40.33 718183318-3 $40.33 718183318-3 $40.33 718183318-3 $40.33 718183318-3 $40.33 718183318-3 $40.33 718183318-3 $42.04 718183318-3 $41.40 718183318-3 $40.33 718183318-3 $40.33 718183318-3 $497.22 $135.00 $135.00 02/02105. . . 22 CITY OF ALBERTVILLE 02/02/053:00 P Page . *Check Detail Register@) February 2005 . Check Amt Invoice Comment $28.81 Total OXYGEN SERVICE COMPANY Paid Chk# 021026 2/7/2005 SENTRY SYSTEMS, INC. E 101-43100-405 Repair/Maint - Buildings Total SENTRY SYSTEMS, INC. Paid Chk# 021027 2/7/2005 SPRINT- MO E 101-42400-321 Telephone E 101-41940-321 Telephone E 101-41940-321 Telephone E 101-42400-321 Telephone E 101-42400-321 Telephone E 101-42400-321 Telephone E 101-42000-321 Telephone E 101-41940-321 Telephone E 601-49450-321 Telephone E 101-41940-321 Telephone E 101-41940-321 Telephone E 101-41940-321 Telephone E 101-41940-321 Telephone E 101-42000-321 Telephone E 101-43100-321 Telephone E 101-42400-321 Telephone E 101-45100-321 Telephone E 101-41940-321 Telephone E 101-41940-321 Telephone E 101-41940-321 Telephone E 101-41940-321 Telephone $26.57 424438 $26.57 6461 Maciver 02/05 $48.78 $214.71 $173.14 $109.17 $104.17 $55.73 $39.99 $50.23 $52.88 $48.78 $44.80 $39.95 $39.95 $31.04 $30.00 $48.78 $26.73 $48.78 $29.01 $30.00 $29.18 $1,295.80 497-7485 taxes & surcharges 497-3384 497-5007 497-2068 497-5106 497-4836 497-3758 497-1888 497-4182 Idst 497-3145 497-0179 497-7474 497-0774 497-7416 497-2215 497-3106 497-4214 497-0452 497-3210 . Total SPRINT- MO Paid Chk# 021028 2/7/2005 SUTHERLAND, JON E 101-42400-331 Travel Expenses $135.00 Total SUTHERLAND, JON $135.00 Paid Chk# 021029 2/7/2005 TOSHIBA AMERICA INFO SYS INC E 101-41400-413 Office Equipment Rental $496.16 41134277 Total TOSHIBA AMERICA INFO SYS INC $496.16 Paid Chk# 021030 2/7/2005 WASTE MANAGEMENT E 101-41940-384 Refuse/Garbage Disposal $141.99 0986312-159 Refuse Waste Hauler Total WASTE MANAGEMENT $141.99 Paid Chk# 021031 2/7/2005 WRIGHT-HENNEPIN COOPERATIVE E 101-45100-381 Electric Utilities $133.60 E 601-49450-381 Electric Utilities $51.31 E 101-43160-381 Electric Utilities $51.03 Total WRIGHT-HENNEPIN COOPERATIVE $235.94 mileage seminar Copier Lease Agreement parks Towne Lakes Lift Station Street Lighting - 58-59-60 St. $75,883.01 10100 Premier Bank . 23 Fund Summary 101 GENERAL FUND 466 PUBLIC WORKS FACILITY 476 SCHOOL PEDESTRIAN - BIKE TRAIL 601 SEWER FUND 602 WATER FUND 604 STORM WATER CITY OF ALBERTVILLE *Check Detail Register@) 02/02105. February 2005 Check Amt Invoice Comment 10100 Premier Bank $13.915.58 $292.10 $7,780.00 $51,180.09 $2,426.62 $288.62 $75,883.01 . . 24 . . . V~TY O~ fJO ~ ~~YI ~ t1 f1J 1. 0 ~ "*,'Y 1856 Gregory A. Kramber Wriglit County Assessor Wright County Government Center 10 2nd Street NW, Room 240 Buffalo. MN 55313-1 183 Phone: (763) 682-7367/ (763) 682-7368/1-800-367-3667 FAX: (763) 682-6178 January 13,2005 City of Albertville 5975 Main Ave NE Box 9 Albertville MN 553()1 RE: 2005 Local Board of Review Dear City of Albertville: Minnesota Law requires that I, as County Assessor, set the date for YQur Local Board of Appeal and Equalization Meeting. The 2005 Local Board of Review and Equalization Meeting has been tentatively set for Tuesday, May 3 at 6:30 p.m. If this date must be changed, please contact Randy DesMarais at 763-682-7366 or 1-800-362-3667 ext. 7366 prior to February 15, 2005. Currently, some of the cities and townships in Wright County hold their meetings with a starting time of either 9:00 a.m., I :00 p.m. or 3:00 p.m. If your members are interested in starting the meeting earlier or later than your tentatively scheduled time, please contact Randy. Due to the length of some of the meetings, it maybe worthwhile to consider a starting time of6:30 p.m., 7:00 p.m. or earlier. As there must be a quorum, notifying your members with a request that they mark their calendars would be appreciated. More information, including a summary of the duties and responsibilities of the Local Board of Appeal and Equalization, will be provided at a later-date. If your members have any questions or concerns, please feel free to contact me. tlb Wright County Assessor 25 . . . CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2005-08 A RESOLUTION ACKNOWLEDGING THE 150TH ANNIVERSARY OF THE FOUNDING OF WRIGHT COUNTY WHEREAS, Wright County was established by an act of the Minnesota Territorial Legislature on February 20, 1855, and; WHEREAS, Wright County is named after Silas Wright, a former Governor, U.S. Representative, and U.S. Senator from New York State, and; WHEREAS, at the time of its creation, Wright County, then covered by the Big Woods, was inhabited by 504 settlers of European ancestry, as well as Native Americans from the Dakota and Winnebago Nations, and; WHEREAS, since that time, Wright County's rich agricultural history spurred the development of numerous small, diverse communities across the county, and; WHEREAS, today, Wright County is a thriving county of over 100,000 people, comprised of seventeen cities and eighteen townships, and; WHEREAS, Wright County's future holds great promise due to its outstanding citizens, rich natural resources, beautiful landscape, and proud tradition. NOW, THEREFORE, BE IT RESOLVED that the City Council of Albertville, Minnesota, does hereby acknowledge and commemorate the 150th Anniversary of the incorporation of Wright County, which took place on February 20, 1855. Adopted this 7th day of February 2005 by the City Council of the City of Albertville. 27 ~ .SEH Memorandum TO: Larry Kruse Albertville City Administrator FROM: Pete Carlson, PE City Engineer DATE: February 1,2005 RE: 2004 Primary School Ball Fields Fencing Albertville, Minnesota SEH No. A-ALBEV 0403 Enclosed please find Application for Payment No.1 (FINAL) for this project in the amount of $7,780.00, which also represents the final contract amount of$7,780.00. . We reviewed this application and it appears to be in order. When payment is made, sign all copies and distribute as follows: Century Fence Company SEH City of Albertville The following final paperwork documents are also enclosed for your files: IC-134 State Withholding Form Lien Waiver Consent of Surety Final Statement If you have any questions, please feel free to call me at 320.229.4320. nm Enclosures x:\ae\albev\040300\fencinglafpfnl ~ city.doc c: File . 29 . . . CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2005-09 A RESOLUTION REQUESTING FEDERAL TRANSPORTATION FUNDING FOR INTERSTATE 94 ACCESS AND SAFETY IMPROVEMENTS AT CSAH 19 AND CSAH 37 IN THE CITY OF ALBERTVILLE WHEREAS, transportation improvements are essential to the safety of the motoring public traveling through and within the City of Albertville, and; WHEREAS, adequate road capacity and freeway access assists with the efficient movement of goods and provision of services along the 1-94 corridor and vital to the City and the region, and; WHEREAS, planning and project development activities are necessary to addressing growing demands on existing highways and local streets, and; WHEREAS, current 1-94 interchange improvement, planning and environmental studies and design activities being conducted by the City provide a framework for access, roadway capacity, and safety improvements to guide investment decisions and; WHEREAS, this activity is part of a comprehensive, multi-jurisdictional effort involving the City, Wright County and the Minnesota Department of Transportation and; WHEREAS, all parties are supportive in concept of the safety and access improvements developed consistent with planned future expansion in capacity to 1-94 through the City, and; WHEREAS, the City of Albertville has provided 100% funding for project activities to date; NOW, THEREFORE BE IT RESOLVED by the City of Albertville: The, City of Albertville requests Federal Transportation Program Funding to finalize Interstate 94 access and interchange improvements at CSAH 19 and CSAH 37 and for construction and associated activities in the City of Albertville and will provide adequate matching funds to funding provided by Congress. Adopted this 7th day of February 2005 by the City Council of the City of Albertville. 31 .~ SEH MEMORANDUM TO: Larry Kruse, Albertville City Administrator FROM: Duane Day, SEH, Project Manager DATE: January 28, 2005 RE: Albertville, Minnesota Public Works Facility Change Order Summary SEH No. A-ALBEV0302.01 As construction of the new public works facility nears completion, this memo serves as an update summarizing the status of change orders for extra work on the project. Change Order No. Description Cost . 1 through 10 Previously approved by City Council $34,041 Deduct for eliminating some soffit work above the cabinet area (-$1,465) II (pending) in the training room. Add fire damper. Substitute epoxy paint for galvanizing of interior miscellaneous metals. 12 (pending) Delete wear course in front of the WWTP due to pending (-$2,500) construction 13 (pending) Delete unsuitable soils allowance. (-$1,800) 14 (pending) Modify exhaust fan ductwork per staff request and eliminate one ( -$570) radiant heater An estimated total cost of the change orders identified above is $27,706 of which SEH will pay $7,912. This amount is well below the construction contingency amount of $80,000, as approved and bonded for by the City. Please call me if you have questions. . c: Pete Carlson, SEH Robert L. Moberg, PE sl 33 . . . City of Albertville MEMORANDUM TO: Mayor and City Council FROM: Tim Guimont, Public Works Supervisor DATE: February 2,2005 SUBJECT: Public W orkslParks Maintenance Report Parks - We have been maintaining the ice rinks on a daily basis when the weather permits. We have had good ice this year up until the week of January 31 st. The rink attendants have been working out well. The rinks have been used a lot this year. Public Works - The new building is working out well. Weare starting to get things organized, but there is still a lot to do. We have been keeping the bobcat and the two John Deere tractors at the old Public Works Building. The bobcat is there because we are still utilizing the salt shed there. We would like to build a new salt shed at the new Public Works location summer of2005. The John Deere tractors are there for easy access to the skating rinks and sidewalks. I would like to purchase a wire feed welder for our new shop. This would be much more efficient for repairs and projects. I have talked with several people in the welding business. They recommended the Miller 251 Welder. I have received three (3) quotes for this welder. United Rentals Central McGouran, Inc. Oxygen Services $1,829 $1,801 $1,800 As you can see all three (3) bids were close. I would recommend Oxygen Services as we are using them nor for our oxygen and acetylene. Streets - It's been a light year for plowing although we have been out sanding several times. It's been a regular occasion to repair the '79 International plow truck after each use. The new plow truck is at J-Craft getting the equipment installed. This truck may be ready for us to use yet this season. TG:bmm 35 .~ SEH MEMORANDUM TO: Larry Kruse, Albertville City Administrator FROM: Robert Moberg, S.E.H. PE, Project Manager DATE: February 1, 2005 RE: Albertville, Minnesota 70th Street Corridor - Construction Cost Options SEH No. A-ALBEV0506.00 14.00 At the request of City staff, I have developed construction cost estimates for installation of a paved roadway in 70th Street between CSAH 19 and Maciver Avenue. Construction cost estimates were prepared for four options. . Option t - Construction of a Two-Lane Rural Roadway on the Existing Gravel Road Width of the bituminous surface would be 36 feet, allowing for two 12-foot travel lanes with 6-foot paved shoulders. A 2-foot gravel shoulder would also be installed on both sides. Typical section would be 4 inches of bituminous on 4 inches of Class 5. Without knowing the thickness ofthe existing gravel surface, it is estimated an additional 4 inches of Class 5 would be adequate to provide the desired strength for a 7-ton roadway. It is assumed the existing roadbed is wide enough to support a 36-foot wide surface. Option 2 - Construction of a to-ton Two-Lane Rural Roadway Width of bituminous would be 44 feet, allowing for two 12-foot travel lanes with 10-foot paved shoulders. Typical section would be 6 inches of bituminous on 12 inches of Class 5 on 18 inches of Class 3. To build this section, the existing road core would be removed. Option 3 - Construction of a Two-Lane Urban Roadway with Curb and Gutter to City Standards for a City Street Street width would be 36 feet from curb face to curb face. Typical section would be 5.5 inches of bituminous on 8 inches of Class 5 on 18 inches of Class 3. Storm sewer would be installed throughout the corridor. Option 4 - Construction of a Two-Lane Urban Roadway to County Standards Street width would be 44 feet from curb face to curb face. Typical section would be 6 inches of bituminous on 12 inches of Class 5 on 18 inches of Class 3. Storm sewer would be installed throughout the corridor. . 37 Estimated construction cost for the four options is summarized below. Option 1 2 3 4 (I) Includes 10% construction contingency. Please call me if you have any questions. do c: Pete Carlson, SEH - St. Cloud x:lae\a1bev\050600Icorrespondence\kruse020 J 05 .doc Estimated Cost(l) $422,000 $1,114,000 $1,336,000 $1,471,000 . . . 38 TO: FROM: DATE: RE: City Council Tina L. Lannes February 3, 2005 Budget Update BACKGROUND This report is an un-audited 2004 General Fund summary of revenues and expenditures through December 31, 2004. Revenues and Expenditures should be at approximately 100%. REVENUES The City of Albertville is currently at 97.8% of its annual budgeted revenue for the General Fund. Being below budgeted revenues at this time is normal due to delinquent property taxes are not paid to the City until late January or early February. . EXPENSES The City of Albertville is currently at 86% of its annual budgeted expenses in the General Fund. However there are some invoices that are not paid out yet for 2004 and the usual thirty day plus lag for accounts payable waiting for invoices. Most of the 2004 expenses are paid so there are not many more expected. VARIANCES Fire Protection Contract Revenues include the second half 2003 billing that was not received until mid 2004. Fines and Forfeits include the fines that were charged to businesses that sold liquor to minors in 2004. Current Ad Valorem Taxes are not 100% due to a payment that is received in 2005 for the delinquent property taxes paid after the due date to the county. Legal, Engineering and Planning are over budget and this contributes to work related to code codification, Pilot Land Company and Edina Development. Also, included in Engineering are some 1-94 expenses, 70th Street expenses, Roadway Infrastructure funding expenses and a Hydrology Study expense beyond expected general engineering expenses for the year. EDA expenses included under budgeted property taxes of $7,000.00 plus $39,000 for the reader Sign. . 39 .... 2004 Council Update GENERAL FUND General Fund Revenue: 2004 Amended 2004 Actual %of Budget 12/31/2004 Budget 1010 Current Ad Valorem Taxes 1,440,922 1,351,528 93.8% 2100 Business Licenses & Permits 25,000 23,274 93.10/. 32110 liquor Licenses 15,000 15102 100.70/. 2120 3.2 liquor Licenses 250 200 80.0olc 32150 SiQn Permits 6,500 7,800 120.0% 32210 Buildina Permits 538,089 533,311 99.10/. 32240 ~nimal Licenses 630 720 114.3% 33401 Local Government Aid - - 33405 Police Aid 14,000 13,395 95.7% 33406 Fire Aid 20,000 45,357 226.80/. 33422 bther State Aid Grants - 33620 rountv Grants & Aids 10,000 5,086 50.9% 34000 rhames for Services 7,500 12,764 170.20/. 34101 ease Payments - City Property 1,000 0.00/. 34001 ~dministration Fees 8,000 8,000 100.00/. 34050 Developer Fees 3% 50,000 33,992 68.00/. 34106 PID/Leaal Description Requests 1,500 640 42.7OIc 34107 Iritle Searches 1,500 1,055 70.30/. 34302 Fire Protection Contract CharQes 40,000 67,036 167.6% 34780 Park Rental Fees 2,000 1 ,450 72.5% 35000 Fines & Forfeits 100 2,500 2500.0% 36210 Interest EarninQs 75,000 84,425 112.6OIc Reserves 37,393 37,393 100.00/. Total Revenues $ 2,294,384 $ 2,245,028 97.81% . . . 40 . . . 2004 Council Update GENERAL FUND General Fund Expenditures 2004 Amended 2004 Actual %of Budget 12/31/2004 Budget 141100 Icouncil 57,731 49,680 86.1% 141300 !Administrator 112,315 106,334 94.7% 141400 lcitv Clerk 208,997 174,998 83.7% 141410 Elections 6,000 4,543 75.7% 141500 Financial Administration 58,750 46,710 141550 ~itv Assessor 21,420 24,675 115.2% 141600 lcitv Attorney 30,419 44,297 145.6% 141700 ~itv Enaineer 40,419 57,089 141.2% 141800 Economic Deyelooment 13,120 52,782 402.3% 141910 Planning & Zonina 31,603 36,380 115.1% 141940 ~itv Hall 141,795 97,151 68.5% 142000 Fire Deoartment 274,655 230,004 83.7% 142110 Police 255,920 266,448 104.1"1< 142400 Building Insoection 168,686 175,940 104.3% 142700 !Animal Control 3,420 2,160 63.2% 143100 Public Works - Streets 440,522 345,022 78.3% 143160 Istreet Lighting 45,420 52,382 115.3% 143200 Recyclina 37,919 36,267 95.6% 145000 Iculture & Recreation 42,670 29,483 69.1"1< 145100 Parks & Recreation 152,183 128,208 84.2% 149300 Icaoital Reserves 150,420 12,970 8.6"1< Total Expenditures $ 2,294,384 $ 1,973,523 86.0OA 41 . . . ~ ~~~rt!ilL€ MEMORANDUM Date: February 5, 2005 To: City Council From: Larry R. Kruse, City Administrator Re: General Update 1. WATER BILLING. Regarding Ron Klecker's question from the last Council meeting "Unknown Charge". Recently, we updated our Utility Billing software, and the program defaulted back to the generic "Unknown Charge" in the description field. This has been changed back to "Federal Water Testing fee". Thanks for pointing this out to us! 2. LIQUOR/BEER IN THE BUILDING DEPARTMENT BUILDING. Recently, it has been brought to my attention that liquor was delivered and stored openly in the building. I don't think it is a good idea to have liquor present when the girl scouts and young groups are present in the building. I would appreciate if the Council would give me direction on this matter. 3. 1-94 MEETING NOTES WITH DAN KROM AND OUTLINE OF TINKLENBERG WORKPLAN. Larry's Notes.... Meeting with Dan Krom on January 26,2005 to review Federal Funding Request Documents and Processes Attending: Dan Krom and Larry Kruse Reviewed key issues to consider when requesting federal funding. Reviewed Congressman Kennedy's questionnaire and partial submissions by Scott McBride, SEH. Dan will work directly with Scott to finalize some questions regarding MNDOT's information. The deadline for questionnaire submission is Friday, January 26th, 2005. Dan reviewed the funding goals to seek 1.5 million in an Appropriation and 12 million in an Authorization. Dan mentioned not to expect receiving 12 million, but a portion is possible. Getting the 1.5 million is highly likely to garner the support of the Minnesota legislative delegation. Discussed deadlines for completion of the Project Summary portion of the work plan establishing Friday, February 11,2004 for completion ofthis activity. This information is 43 necessary to document Albertville's project for Congressman Kennedy's file and prior to any . Washington visitations. Dan will email draftResolutionsofSupportfortheAlbertville.Otsego.St. Michael, Monticello and Rogers City Councils, Wright County Commissioners, 1-94 Chamber of Commerce and other supporting groups. Further, Dan will email his outline of the Federal Funding Request Documents and Processes and the four related slides. Larry will email NE Wright County Transportation Study PowerPoint Presentation, NE Wright County Transportation Study and provide reference materials regarding the City's comprehensive plan. Dan mentioned that Elwin Tinklenberg was scheduled to meet with the 1-94 Chamber on February 17th and wanting to make sure the City was okay with that effort, which Larry confirmed was satisfactory. Kruse mentioned he had put together a mailing list of Albertville businesses for mailing purposes. Meeting adjourned at 11 :00 a.m. . . 44 . Federal Funding Request Documents and Processes Key issues to consider when requesting federal funding · Request will advance project time-frame, leverage other funding or complement current related activities · Funding will be spent in a timely manner (idle money is available money) · Sensitivity to deadlines and information requests is extremely important A. Request Elements 1. Project summary · Description- Vision for the corridor/planning study area o articulate what the request is for - study work, design alternatives development o how the request will advance work or complement/leverage other related activities o describe issues - population/traffic/regional growth, community support o describe benefits: safety, traffic flow, economic development · Reference materials- short/long range plans, corridor/community studies, comprehensive plans . Map(s), pictures, details of the study/project area . Schedule/timeframe (without funding requested/if appropriation is received) . 2. Supporting information . Resolution of support- City Council . Letters of support (if applicable)- business community, land developers, school district, county government, Mn/DOT · Relevant public meeting information- summaries, notes, comments . Documents that identify the project, needs, support 3. Committee questionnaire · Information needed by congressional committee responsible for identifying projects and allocating resources · Questionnaire provided by congressional office staff o electronic submittal o supporting paper documents (send to local congressional office) B. Supporting activities . Need to monitor the process and the status of the request . Respond to additional information requests . Staff briefings - Senate and House Minnesota staff . Direct meeting with Congressman/Senators in the Community or at local events · Project briefing in Washington D.C. with Congressional members D.C. staff and potentially appropriations and/or authorization committee staff · Local press opportunities- editorials, etc. . Community organization presentations TTG- Fed. Funding Requests -12/04 ~~.. . The Tinklenberg Group Tilt IRter~hange of strate9les and sohltlons . 45 4. CITY ENGINEER REQUEST FOR QUALIFICATIONS The following is a draft of the Request for Qualification to be sent to firms. Please . review the list and let me know if you want to eliminate some or add others. . . 46 ~ . Al~~r.t!ilL€ MEMORANDUM Date: February 1, 2005 To: City Council From: Larry R. Kruse Re: City Engineer RFP Attached is a Request for Proposals that I drafted. Please review and let me know if you have any suggestions or changes that you would like to see. I suggest the process be as follows: 1) Request for written proposals be sent to the following firms: . BDM Consulting Engineers 3470 Washington Drive Suite 200 Yankee Square II Eagan, MN 55122 http://www.bdmce.comlbdmteam.htm Bonestroo Rosene Anderlik & Associates 2335 West Highway 36 St. Paul, MN 55113 651-636-4600 http://www.bonestroo.coml Bolton & Menk Inc 1107 Hazeltine Blvd., Ste. 480 Chaska, MN 55318-1065 http://www.bolton-menk.coml Hankanson Anderson Associates Inc 3601 Thurston Avenue Anoka, MN 55303-1063 http://www.hakanson-andetson.coml . 47 Howard R. Green 2550 University Avenue W., Ste. 400 N Court International Bldg. St. Paul, Minnesota 55114 http://www.hrgreen.coml . MFRA Macombs Frank Roos 15050 23rd Avenue North Plymouth, MN 55447 http://www.mfra.coml S.E.H. 1200 25th Avenue South P.O. Box 1717 St. Cloud, MN 56302-1717 http://sehinc.coml Widseth Smith Nolting 2000 Industrial Park Rd. S. P.O. Box 2720 Baxter, MN 56425-2720 http://www.wsn-mn.coml WSB & Associates Inc. 4150 Olson Memorial Hwy, Ste. 300 Golden Valley, MN 55422-4828 http://www.wsbeng.coml . . 48 . . . REQUEST FOR QUALIFICATIONS The City of Albertville, Wright County, Minnesota are seeking Requests for Qualifications for a multi-disciplinary Engineering Firm to become the City's Engineering Firm for 2005. Selected firms are invited to submit written information, which shall be used to evaluate and select consulting engineer candidates to be interviewed for the City of Albertville. Proposals should be submitted in accordance with the requirements described herein. Please supply the original and six copies of your proposal for use by the City Council and staff to: Larry R. Kruse, City Administrator P.O. Box 9 5975 Main Avenue NE Albertville, Minnesota 55301 (763)-497-3384 SUBMITTAL DEADLINE All proposals shall be submitted by 12:00 Noon on February 15, 2005. PROCESS Based on the RFP materials submitted, the City would select up to four firms to interview. The City anticipates selecting a firm in early March. STATEMENT OF WORK The City of Albertville desires to contract with an engineering firm who possesses the necessary knowledge, experience and professional expertise to act as the City's Consulting Engineer. The City desires a firm with significant public sector experience featuring a variety of skills, experience, creativity and innovation in such areas as: ~ Streets, Water, Sewer ~ Wetland, Storm Water Management and Drainage Systems ~ Surveying ~ Land Use and Subdivision Development ~ Private Sector Residential and Commercial Development ~ Wastewater and Biosolids Management ~ Transportation Planning/Management ~ Architectural Design ~ Project Management ~ Geographic Information Systems (GIS) ~ Pavement Management ~ Inspection/Construction Management 49 RFPFORMAT The RFP response should be formatted in the following manner: ~ Cover Letter, Table of Contents and Executive Summary denoting the firm's background and work philosophy ~ Resume of Proposed Consulting Engineer and Professional Staff ~ References ~ Firm's Organizational Chart and Decision Process ~ Organizational and Management ~ Compensation Rate Schedule ~ Firm's Marketing Material . . . 50 . 1. RESUME OF PROPOSED CONSULTING ENGINEER AND KEY TEAM MEMBERS Relevant engagements for the past five (5) years, with Education, degrees, certifications and licenses Work history Major clients 2. REFERENCES Name of key projects, contracts or assignments Dates for above A brief description of the nature of the engagement A brief description of the results achieved Client and reference contact information (names of contract persons and current phone and email addresses) 3. FIRM DEMOGRAPHICS Size (number of employees) Office Locations Distance from Albertville (miles and time) Description of professional disciplines . 4. ORGANIZATIONAL CHART AND DECISION PROCESS Firm's Organizational Chart Brief narrative on the decision process, and timing to resolve issues between client and firm 5. COMPENSATION SCHEDULE 2005 Employee Rate Schedule Description of proposed Albertville office hours and related fees 6. GENERAL MARKETING MATERIALS, PICTURES, ETC. . 51 NOTICE OF PUBLIC HEARING . NOTICE IS HEREBY GIVEN, that on Thursday, February 24, 2005 the Wright County Planning Commission will hold a hearing in Meeting Room 120 of the Courthouse Annex, in the City of Buffalo, Minnesota at 8:00 p.m. to consider the following amendments to the Wright County Zoning Ordinance: At the request of Clearwater Township: to add the following (in bold italics) sentence to Section 604.6(6) in the General Agriculture (AG) Zone. The effect will be to allow the division of property zoned AG for the creation of a parcel for use as a Township Hall, without using a residential "entitlement" as defined by the ordinance. Section 604.6(6) Certain Conditional Uses An entitlement may be used for a division to allow a conditional use provided a deed restriction is placed on the remainder pursuant to 604.6(4)a and the division size is set by the Planning Commission as part of the Conditional Use Permit process. The requirement for a deed restriction may be waived by the Planning Commission lithe division is less than one (1) acre in size and for the sole purpose of utility or public service structures needed to promote public health, safety or welfare. The Planning Commission shall waive the requirementfor a deed restriction if the division is solely for the creation of a site for a Township Hall. In addition, the Planning Commission proposes to add "Essential Services in accord with Section 725" as a conditional use in the AgriculturallResidential AIR District (Section 603.4) and the AG District (Section 604.4). (Essential Services were mistakenly deleted from these districts during past amendments and this amendment will not change any current practices.) Such persons that desire to be heard with reference to the proposed application will be heard at this time. If you do not attend the hearing or submit written comment, it will be assumed .that you have no objections to the proposal. If there are any questions, please contact the Planning and Zoning Office in Buffalo. Interpreter services for the hearing impaired will be provided on request for public meetings and other county-sponsored classes and events. WRIGHT COUNTY PLANNING & ZONING OFFICE WRIGHT COUNTY GOVERNMENT CENTER 10 2nd STREET NW RM 140 BUFFALO MINNESOTA 55313-1185 PHONE: (763) 682-7338 . 53 NOTICE OF PUBLIC HEARING- WRIGHT COUNTY PLANNING COMMISSION CITY OR TOWNSHIP RESPONSE FORM NOTICE IS HEREBY GIVEN, that on Thursday, February 24, 2005 the Wright County Planning Commission will hold a hearing in Meeting Room 120 of the Courthouse Annex, in the City of Buffalo, Minnesota at 8:00 p.m. to consider the following amendments to the Wright County Zoning Ordinance At the request of Clearwater Township: to add the following (in bold italics) sentence to Section 604.6(6) in the General Agriculture (AG) Zone. The effect will be to allow the division of property zoned AG for the creation of a parcel for use as a Township Hall, without using a residential "entitlement" as defined by the ordinance. Section 604.6(6) Certain Conditional Uses An entitlement may be used for a division to allow a conditional use provided a deed restriction is placed on the remainder pursuant to 604.6(4)a and the division size is set by the Platuiing Commission as part of the Conditional Use Permit process. The requirement for a deed restriction may be waived by the Planning Commission if the division is less than one (1) acre in size and for the sole purpose of utility or public service structures needed to promote public health, safety or welfare. The Planning Commission shall waive the requirementfor a deed restriction if the division is solely for the creation of a site for a Township HalL In addition, the Planning Commission proposes to add "Essential Services in accord with Section 725" as a conditional use in the Agricultura1/Residential AIR District (Section 603.4) and the AG District (Section 604.4). (Essential Services were mistakenly deleted from these districts. during past amendments and this amendment will not change any current practices.) '" '" '" '" '" '" '" '" '" '" '" '" '" THE TOWN BOARD OR CITY COUNCIL SHOULD COMPLETE THE FOLLOWING. IF NO WRITIEN RESPONSE IS RECEIVED BEFORE THE HEARING, THE PLANNING COMMISSION WILL ASSUME THAT THE CITY COUNCIL/fOWN BOARD HAS NO OBJECTION TO THE PROPOSED AMENDMENTS. TOWNSHIP/CITY APPROVES OF THE REQUEST BECAUSE: TOWNSHIP/CITY DISAPPROVES.OF THE REQUEST BECAUSE: COMMENTS OR PROPOSED CONDITIONS: SIGNED: . . . 54 . . . ,tAlA Document 8151'" -1997 Abbreviated Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the Seventh day of February in the year Two Thousand and Five (In words, indicate day, month and year) BETWEEN the Architect's client identified as the Owner: (Name, address and other information) City of Albertville, a Minnesota municipality 5975 Main Ave NE Albertville MN 55301-9776 Telephone Number: 763-497-3384 Fax Number: 763-497-3210 and the Architect: (Name, address and other information) Bonestroo, Rosene, Anderlik & Associates, Inc., a Minnesota Corporation 2335 Highway 36 West St. Paul MN 55113 Telephone Number: 651-636-4600 Fax Number: 651-636-1311 For the following Project: (Include detailed description of Project} New Albertville City Hall Site: Site of current City Hall at 5975 Main Ave NE The Project is a new City Hall at the site of the existing City Hall, to be based on the Space Needs Study report dated Feb. 25,2004 completed by SEH. That report estimates total building costs at $1,727,720 and total site costs at $145,280, for a total estimated construction cost of $1,873,000. Project soft costs are in addition to the construction cost and include FF&E, information systems, soils and materials testing, permits, a contingency, financing, and fees, the total of which is estimated at $721,559. The total Project Budget is therefore $1,873,000 + $721,559 = $2,594,559. The SEH study details spaces in the building totaling 10,522 sq. ft. at $160/sq. ft. Actual building cost will depend on the building program and level of design to be approved by the Owner. Owner's budget should include a contingency of 3 - 5 percent of the construction cost for potential change order additions to the work during construction. The Owner and Architect agree as follows. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AlA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AlA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AlA Document B151™ - 1997. Copyright ~ 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA<8 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA<3 Document, or 1 any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:41:44 on 01/31/2005 under Order NO.1 000133096_2 which expires on 811012005, and is not for resale. User Notes: (296761585) ARTICLE 1 ARCHITECT'S RESPONSIBILITIES ~ 1.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Articles 2, 3 and 12. . ~ 1.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds. This schedule shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. ~ 1.3 The Architect shall designate a representative authorized to act on behalf of the Architect with respect to the Project. ~ 1.4 The services covered by this Agreement are subject to the time limitations contained in Section 11.5.1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES ~ 2.1 DEFINITION The Architect's Basic Services consist of those described in Sections 2.2 through 2.6 and any other services identified in Article 12 as part of Basic Services, and include normal structural, mechanical and electrical engineering services. ~ 2.2 SCHEMATIC DESIGN PHASE ~ 2.2.1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. ~ 2.2.2 The Architect shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other, subject to the limitations set forth in Section 5.2.1. ~ 2.2.3 The Architect shall review with the Owner alternative approaches to design and construction of the Project. . ~ 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. ~ 2.2.5 The Architect shall submit to the Owner a preliminary estimate of Construction Cost based on current area, volume or similar conceptual estimating techniques. ~ 2.3 DESIGN DEVELOPMENT PHASE ~ 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. ~ 2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost. ~ 2.4 CONSTRUCTION DOCUMENTS PHASE ~ 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. ~ 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agreement between the Owner and Contractor. . AlA Document 815pM -1997. Copyright @ 1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA'"' Document, or any portion ot it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:41:44 on 01/31/2005 under Order No.1000133096_2 which expires on 8/10/2005. and is not for resale. User Notes: (296761585) 2 . . . t 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. t 2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. t 2.5 BIDDING OR NEGOTIATION PHASE The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. t 2.6 CONSTRUCTION PHASE-ADMINISTRATION OF THE CONSTRUCTION CONTRACT t 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the initial Contract for Construction and terminates at the earlier of the issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Work. t 2.6.2 The Architect shall provide administration of the Contract for Construction as set forth below and in the edition of AlA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement, unless otherwise provided in this Agreement. Modifications made to the General Conditions, when adopted as part of the Contract Documents, shall be enforceable under this Agreement only to the extent that they are consistent with this Agreement or approved in writing by the Architect. t 2.6.3 Duties, responsibilities and limitations of authority of the Architect under this Section 2.6 shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent will not be unreasonably withheld. t 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner during the administration of the Contract for Construction. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written amendment. t 2.6.5 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by the Owner and the Architect in Article 12, (I) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. t 2.6.6 The Architect shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance wi th the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. t 2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress. t 2.6.8 Except as otherwise provided in this Agreement or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. AlA Document B151™ -1997. Copyright @ 1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA'" Document, or 3 any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:41 :44 on 01/31/2005 under Order No.1 000133096_2 which expires on 8/10/2005, and is not for resale. User Notes: (296761585) ~ 2.6.9 CERTIFICATES FOR PAYMENT ~ 2.6.9.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. . ~ 2.6.9.2 The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 2.6.5 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (I) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. ~ 2.6.9.3 The issuance of a Certificate for Payment shall not be a representation that the Architect has (I) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. ~ 2.6.10 The Architect shall have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. ~ 2.6.11 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, .of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. . ~ 2.6.12 If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Architect shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. ~ 2.6.13 The Architect shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Architect as provided in Sections 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. ~ 2.6.14 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the . AlA Document B151™ -1997. Copyright @ 1974.1978.1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA'" Document, or 4 any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:41:44 on 01/31/2005 under Order No.1000133096_2 which expires on 8/10/2005. and is not for resale. User Notes: (296761585) . . . Contractor, and shall issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. ~ 2.6.15 The Architect shall interpret and decide matters concerning performance of the Owner and Contractor under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. ~ 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. ~ 2.6.17 The Architect shall render initial decisions on claims, disputes or other matters in question between the Owner and Contractor as provided in the Contract Documents. However, the Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. ~ 2.6.18 The Architect's decisions on claims, disputes or other matters in question between the Owner and Contractor, except for those relating to aesthetic effect as provided in Section 2.6.17, shall be subject to mediation and arbitration as provided in this Agreement and in the Contract Documents. ARTICLE 3 ADDITIONAL SERVICES ~ 3.1 GENERAL ~ 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 12, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The services described under Sections 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Section 3.3 are required due to circumstances beyond the Architect's control, the Architect shall notify the Owner prior to commencing such services. If the Owner deems that such services described under Section 3.3 are not required, the Owner shall give prompt written notice to the Architect. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Architect shall have no obligation to provide those services. ~ 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES ~ 3.2.1 If more extensive representation at the site than is described in Section 2.6.5 is required, the Architect shall provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities. ~ 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compensated therefor as agreed by the Owner and Architect. The duties, responsibilities and limitations of authority of Project Representatives shall be as described in the edition of AlA Document B352 current as of the date of this Agreement, unless otherwise agreed. ~ 3.2.3 Through the presence at the site of such Project Representatives, the Architect shall endeavor to provide further protection for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere in this Agreement. ~ 3.3 CONTINGENT ADDITIONAL SERVICES ~ 3.3.1 Making revisions in drawings, specifications or other documents when such revisions are: .1 inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; .2 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or .3 due to changes required as a result of the Owner's failure to render decisions in a timely manner. AlA Document 8151"'-1997. Copyright @ 1974, 1978. 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA" Document, or 5 any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:41:44 on 01/31/2005 under Order No.1000133096_2 which expires on 8/10/2005, and is not for resale. User Notes: (296761585) ~ 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, the Owner's schedule, or the method of bidding or negotiating and contracting for construction, except for services required under Section 5.2.5. . ~ 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction Change Directives. ~ 3.3.4 Providing services in connection with evaluating substitutions proposed by the Contractor and making subsequent revisions to Drawings, Specifications and other documentation resulting therefrom. ~ 3.3.5 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such Work. S 3.3.6 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. S 3.3.7 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the Work. S 3.3.8 Providing services in connection with a public hearing, a dispute resolution proceeding or a legal proceeding except where the Architect is party thereto. ~ 3.3.9 Preparing documents for alternate, separate or sequential bids or providing services in connection with bidding, negotiation or construction prior to the completion of the Construction Documents Phase. ~ 3.4 OPTIONAL ADDITIONAL SERVICES S 3.4.1 Providing analyses of the Owner's needs and programming the requirements of the Project. S 3.4.2 Providing financial feasibility or other special studies. . S 3.4.3 Providing planning surveys, site evaluations or comparative studies of prospective sites. S 3.4.4 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. ~ 3.4.5 Providing services relative to future facilities, systems and equipment. ~ 3.4.6 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. S 3.4.7 Providing services to verify the accuracy of drawings or other information furnished by the Owner. ~ 3.4.8 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. ~ 3.4.9 Providing services in connection with the work of a construction manager or separate consultants retained by the Owner. S 3.4.10 Providing detailed estimates of Construction Cost. S 3.4.11 Providing detailed quantity surveys or inventories of material, equipment and labor. ~ 3.4.12 Providing analyses of owning and operating costs. S 3.4.13 Providing interior design and other similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. . AlA Document 8151111-1997. Copyright @ 1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA'" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:41:44 on 01/31/2005 under Order No. 1 000133096_2 which expires on 8/10/2005, and is not for resale. User Notes: (296761585) 6 . . . ~ 3.4.14 Providing services for planning tenant or rental spaces. ~ 3.4.15 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. ~ 3.4.16 Preparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marked-up prints, drawings and other data furnished by the Contractor to the Architect. ~ 3.4.17 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. ~ 3.4.18 Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a final Certificate for Payment, more than 60 days after the date of Substantial Completion of the Work. ~ 3.4.19 Providing services of consultants for other than architectural, structural, mechanical and electrical engineering portions of the Project provided as a part of Basic Services. ~ 3.4.20 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. ARTICLE 4 OWNER'S RESPONSIBILITIES ~ 4.1 The Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. The Owner shall furnish to the Architect, within 15 days after receipt of a written request, information necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. ~ 4.2 The Owner shall establish and periodically update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. ~ 4.3 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such designated representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. ~ 4.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. ~ 4.5 The Owner shall furnish the services of geotechnical engineers when such services are requested by the Architect. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. ~ 4.6 The Owner shall furnish the services of consultants other than those designated in Section 4.5 when such services are requested by the Architect and are reasonably required by the scope of the Project. ~ 4.7 The Owner shall furnish structural, mechanical, and chemical tests; tests for air and water pollution; tests for hazardous materials; and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. AlA Document B151™ -1997. Copyright @ 1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA"" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA" Document, or 7 any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:41 :44 on 01/31/2005 under Order No.1000133096_2 which expires on 8/10/2005, and is not for resale. User Notes: (296761585) ~ 4.8 The Owner shall furnish all legal, accounting and insurance services that may be necessary at any time for the Project to meet the Owner's needs and interests. Such services shall include auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. ~ 4.9 The services, information, surveys and reports required by Sections 4.4 through 4.8 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. ~ 4.10 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service. ARTICLE 5 CONSTRUCTION COST ~ 5.1 DEFINITION ~ 5.1.1 The Construction Cost shall be the total cost or, to the extent the Project is not completed, the estimated cost to the Owner of all elements of the Project designed or specified by the Architect. ~ 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work. ~ 5.1.3 Construction Cost does not include the compensation of the Architect and the Architect's consultants, the costs of the land, rights-of-way and financing or other costs that are the responsibility of the Owner as provided in Article 4. ~ 5.2 RESPONSIBILITY FOR CONSTRUCTION COST ~ 5.2.1 Evaluations of the Owner's Project budget, the preliminary estimate of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect. ~ 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids as may be necessary to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. ~ 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry. ~ 5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Section 5.2.3) is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 8.5; or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. ~ 5.2.5 If the Owner chooses to proceed under Section 5.2.4.4, the Architect, without additional compensation, shall modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the AlA Document B151TM -1997. Copyright @ 1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA'" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:41:44 on 01/31/2005 under Order No.1000133096_2 which expires on 8/10/2005, and is not for resale. User Notes: (296761585) . . . 8 . . . fixed limit, if established as a condition of this Agreement. The modification of such documents without cost to the Owner shall be the limit of the Architect's responsibility under this Section 5.2.5. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. ARTICLE 6 USE OF ARCHITECT'S INSTRUMENTS OF SERVICE S 6.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. S 6.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce the Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this license. Upon such termination, the Owner shall refrain from making further reproductions of Instruments of Service and shall return to the Architect within seven days of termination all originals and reproductions in the Owner's possession or control. If and upon the date the Architect is adjudged in default of this Agreement, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project. S 6.3 Except for the licenses granted in Section 6.2, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. However, the Owner shall be permitted to authorize the Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license granted in Section 6.2. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. The Owner shall not use the Instruments of Service for future additions or alterations to this Project or for other projects, unless the Owner obtains the prior written agreement of the Architect and the Architect's consultants. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. S 6.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner providing to the Architect any electronic data for incorporation into the Instruments of Service, the Owner and the Architect shall by separate written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations or licenses not otherwise provided in this Agreement. ARTICLE 7 DISPUTE RESOLUTION S 7.1 MEDIATION S 7.1.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by arbitration. S 7.1.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in AlA Document B151™ -1997. Copyright @ 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA'" Document, or 9 any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:41:44 on 01/31/2005 under Order NO.1 000133096_2 which expires on 8/10/2005, and is nollor resale. User Notes: (296761585) advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. . '7.1.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. , 7 .2 ARBITRATION '7.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to arbitration. Prior to arbitration, the parties shall endeavor to resolve disputes by mediation in accordance with Section 7.1. '7.2.2 Claims, disputes and other matters in question between the parties that are not resolved by mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. '7.2.3 A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. '7.2.4 No arbitration arising out of or relating to this Agreement shall include, by consolidation or joinder or in any other manner, an additional person or entity not a party to this Agreement, except by written consent containing a specific reference to this Agreement and signed by the Owner, Architect, and any other person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. . , 7.2.5 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. '7.3 CLAIMS FOR CONSEQUENTIAL DAMAGES The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article 8. ARTICLE 8 TERMINATION OR SUSPENSION , 8.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure-shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, prior to suspension of services, the Architect shall give seven days' written notice to the Owner. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. , 8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. '8.3 If the Project is suspended or the Architect's services are suspended for more than 90 consecutive days, the Architect may terminate this Agreement by giving not less than seven days' written notice. . AlA Document B151™ -1997. Copyright @ 1974, 1978. 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA"' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:41:44 on 01/31/2005 under Order NO.1 000133096_2 which expires on 8/10/2005. and is not for resale. User Notes: (296761585) 10 . . . S 8.4 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. S 8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. S 8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 8.7. S 8.7 Termination Expenses are in addition to compensation for the services of the Agreement and include expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect. ARTICLE 9 MISCELLANEOUS PROVISIONS S 9.1 This Agreement shall be governed by the law of the principal place of business of the Architect, unless otherwise provided in Article 12. S 9.2 Terms in this Agreement slJall have the same meaning as those in the edition of AlA Document A201, General Conditions of the Contract for .Construction, current as of the date of this Agreement. S 9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statutes of limitations commence to run any later than the date when the Architect's services are substantially completed. S 9.4 To the extent damages are covered by property insurance during construction, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AlA Document A20 I, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. S 9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such assignment. S 9.6 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. S 9.7 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. S 9.8 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. AlA Document B151™ -1997. Copyright @ 1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA@ Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA'" Document, or 11 any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:41 :44 on 01/31/2005 under Order No.1000133096_2 which expires on 8/10/2005, and is not for resale. User Notes: (296761585) S 9.9 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. S 9.10 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. The Architect shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement. ARTICLE 10 PAYMENTS TO THE ARCHITECT S 10.1 DIRECT PERSONNEL EXPENSE Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. S 10.2 REIMBURSABLE EXPENSES S 10.2.1 Reimbursable Expensesare in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the following Clauses: .1 transportation in connection with the Project, authorized out-of-town travel and subsistence, and electronic communications; .2 fees paid for securing approval of authorities having jurisdiction over the Project; .3 reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service; .4 expense of overtime work requiring higher than regular rates if authorized in advance by the Owner; .5 renderings, models and mock-ups requested by the Owner; .6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; .7 reimbursable expenses as designated in Article 12; .8 other similar direct Project-related expenditures. S 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES S 10.3.1 An initial payment as set forth in Section 11.1 is the minimum payment under this Agreement. S 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Section 11.2.2. S 10.3.3 If and to the extent that the time initially established in Section 11.5.1 of this Agreement is exceeded or extended through no fault of the Architect, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Section 11.3.2. S 10.3.4 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 11.2.2, based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project. S 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. AlA Document 8151"' -1997. Copyright @ 1974.1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:41:44 on 01/31/2005 under Order No.1000133096_2 which expires on 8/10/2005, and is not for resale. User Notes: (296761585) . . . 12 . ~ 10.5 PAYMENTS WITHHELD No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been adjudged to be liable. ~ 10.6 ARCHITECT'S ACCOUNTING RECORDS Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: ~ 11.1 An Initial Payment of Zero Dollars and Zero Cents ($ 0.00) shall be made upon execution of this Agreement and credited to the Owner's account at final payment. ~ 11.2 BASIC COMPENSATION ~ 11.2.1 For Basic Services, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: (Insert basis of compensation, including stipulated sums, multiples or percentages, and identify phases to which particular methods of compensation apply, ifnecessary.) Stipulated sum of $220,000. ~ 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (Insert additional phases as appropriate.) . Schematic Design Phase: fourteen percent 14 %) Design Development Phase: eighteen percent 18 %) Construction Documents Phase: thirty-seven percent 37 %) Bidding or Negotiation Phase: five percent 5 %) Construction Phase: twenty-six percent 26 %) Total Basic Compensation one hundred percent 100.00 %) Construction-phase compensation is based on a lO-month construction schedule. ~ 11.3 COMPENSATION FOR ADDITIONAL SERVICES ~ 11.3.1 For Project Representation Beyond Basic Services, as described in Section 3.2, compensation shall be computed as follows: On an hourly basis in accordance with the Billing Rate Schedule attached as Appendix A. ~ 11.3.2 For Additional Services of the Architect, as described in Articles 3 and 12, other than (1) Additional Project Representation, as described in Section 3.2, and (2) services included in Article 12 as part of Basic Services, but excluding services of consultants, compensation shall be computed as follows: (Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees, if required. Identify specific services to which particular methods of compensation apply, ifnecessary.) On an hourly basis in accordance with the Billing Rate Schedule attached as Appendix A. . ~ 11.3.3 For Additional Services of Consultants, including additional structural, mechanical and electrical engineering services and those provided under Section 3.4.19 or identified in Article 12 as part of Additional Services, a multiple of One and one-tenth ( 1.10 ) times the amounts billed to the Architect for such services. (Identify specific types of consultants in Article 12, if required.) AlA Document B151™ -1997. Copyright @ 1974.1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA" Document, or 13 any portion of it, may result in severe civil and criminal penaltles, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:41 :44 on 01/31/2005 under Order NO.1 000133096_2 which expires on 8/10/2005, and is not for resale. User Notes: (296761585) S 11.4 REIMBURSABLE EXPENSES For Reimbursable Expenses, as described in Section 10.2, and any other items included in Article 12 as Reimbursable Expenses, a multiple of One and one-tenth ( 1.10 ) times the expenses incurred by the Architect, the Architect's employees and consultants directly related to the Project. . S 11.5 ADDITIONAL PROVISIONS S 11.5.1 If the Basic Services covered by this Agreement have not been completed within seventeen ( 17 ) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Sections 10.3.3 and 11.3.2. S 11.5.2 Payments are due and payable Thirty ( 30 ) days from the date of the Architect's invoice. Amounts unpaid Thirty-one ( 31 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of interest agreed upon.) 1.00% monthly (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) S 11.5.3 The rates and multiples set forth for Additional Services shall be adjusted in accordance with the normal salary review practices of the Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descriptions of other services, identify Additional Services included within Basic Compensation and modifications to the payment and compensation terms included in this Agreement.) . See page 15 This Agreement entered into as of the day and year first written above. OWNER ARCHITECT (Signature) Larry Kruse, City Administrator (Printed name and title) ~ (?6~ ASig ture) Jerry A. Bourdon, President (Printed name and title) (Signature) Don Peterson. Mayor (Printed name and title) . AlA Document B151™ -1997. Copyright @ 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA'" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:41 :44 on 01/31/2005 under Order NO.1 000133096_2 which expires on 8/10/2005, and is not for resale. User Notes: (296761585) 14 . . . Article 12 Other Conditions or Services, AlA 8151-1997 The provIsions of this Article shall take precedence over all other inconsistent provisions of this Agreement. 12.1 Scope of Architect's Services 12.1.1 The scope of the Project is defined on page 1. Architect's Services shall be as described in Article 2 as modified in this Article 12 and as outlined in Appendix C. 12.1.2 Architect's services are modified as follows: 12.1.2.1 Before Architect may proceed to the succeeding phase of Basic Services, the Owner's authorization is required and shall include Owner's written: A) Approval of completed schematic design. B) Approval of completed background floor plan. Written confirmation of the Building Inspector's review is also required for proceeding with Design Development. C) Approval of completed design development documents D) Approval of completed construction documents E) Decision to proceed with construction of the Project 12.1.2.2 Architect shall respond to Owner instructions and review comments only as submitted by the Owner's designated representative. 12.1.2.3 Architect shall review the requirements of the State and local building codes and local zoning ordinances. Owner shall inform the Architect in writing, prior to initiation of Architect's services, of any planning, design and construction standards of the Owner with which the Owner shall require the Architect to comply in the performance of its services. 12.1.2.4 Basic Services during the design phases (Schematic Design through Bidding) include Architect's attendance at 8 - 10 meetings with the Owner. If the Owner desires Architect attendance at additional meetings, Architect shall prepare for, attend, and document such additional meetings as Additional Services. 12.2 Owner's Responsibilities 12.2.1 The Architect shall not be responsible to provide the services of a land surveyor, testing laboratory, or acoustical consultants. 12.2.2 In accordance with paragraph 4.3, Owner designates Larry Kruse as its authorized representative. 12.3 Dispute Resolution 12.3.1 All demands for arbitration made pursuant to Article 7.2 and all answering statements thereto which include any monetary claim must contain a statement that the total sum or value in controversy as alleged by the party making such demand or answering statement is not more than $1,000,000 (exclusive of interest and costs). The arbitrators shall not have jurisdiction, power, or authority to consider or make findings (except in denial of their own jurisdiction) concerning any claim, counterclaim, dispute, or other matter in question where the amount in controversy therein is more than $1,000,000 (exclusive of interest and costs) or to render a monetary award in response thereto against any party which totals more than $1,000,000 (exclusive of interest and costs). J:\MKT\AGR\Albertville A1 209 CH Article 12.doc 15 12.3.2 If the Architect or the Owner intends to assert a claim against the other as a result of a dispute with a third party, the claiming party shall notify the other party as soon as possible and, in any event, prior to resolving the dispute with the third party. . 12.3.3 So that any claims of the Owner may be intelligently addressed by the Architect, the Owner agrees to make no claim for professional negligence against the Architect unless the Owner has first provided the Architect a written certification signed by an independent professional licensed in Minnesota and currently practicing in the same discipline. The certification shall specify every act or omission of the Architect that is a violation of the applicable standard of care and the basis for the certifier's opinion(s). This certificate shall be provided no fewer than 30 days prior to instituting any legal action. 12.3.4 In the event of litigation or arbitration arising from or related to the services provided under this Agreement, the prevailing party is entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorney's fees and other related expenses. 12.4 Basis of Compensation 12.4.1 For Architect's preparation and attendance at additional meetings or site visits as described in Paragraph 12.1.2.4, Owner shall pay Architect for such Additional Services on an hourly basis in accordance with Appendix A plus Reimbursable Expenses. 12.4.2 Objections to Invoices It is important for the Architect to be promptly informed of problems. If the Owner objects to any portion of an invoice, the Owner shall notify the Architect in writing within twenty days of the invoice's receipt. The Owner agrees to timely pay any undisputed portions of an invoice. . 12.4.3 If the Owner fails to pay Architect all amounts due and owing pursuant to the terms of this Agreement, the Owner agrees to pay all costs of collection, including reasonable attorney's fees, in addition to all other amounts due and owing under this Agreement. 12.4.4 In the event changes in the governing law occur after the date of this Agreement that impose taxes, fees or costs on Architect's services ("New Taxes"), the New Taxes shall be invoiced to and paid by Owner as a Reimbursable Expense and shall be in addition to any fee set forth in this Agreement. 12.5 Omissions by Architect Inadvertent omissions by Architect in the Owner-approved Construction Documents may require additions or changes to the Project and/or the Construction Documents during construction. Inadvertent omissions are defined as omitted items that were specifically requested in writing by the Owner or which are required by the building code, and do not include the circumstances described in Paragraph 3.3. Solutions to address inadvertent omissions will be negotiated with the Contractor as Change Orders for approval by the Owner. The construction cost of these Change Orders, whether or not components of the Contractor's original bid, shall be paid by the Owner and not by the Architect. Architect's sole liability to the Owner for inadvertent omissions by Architect in the Construction Documents, which omissions are discovered by Owner or brought to the attention of Owner and subsequently included in the construction of the Project: (a) shall be to prepare Change Orders as part of Basic Services and not as Additional Services; and (b) shall include the costs of repair, replacement or re-doing of any work caused by the omission, but shall not otherwise include the cost of constructing such omitted details. 12.6 Insurance . 12.6.1 Architect agrees to maintain a professional liability insurance policy, insuring payment of damages for legal liability arising out of the performance of professional services for the Owner if such legal liability is caused by negligent acts, errors or omissions of the insured or of any person or organization for whom the insured is legally liable and responsible, to an J:\MKT\AGR\Albertville A1 209 CH Article 12.doc 16 . . . amount of not more than $4,000,000 for each claim, subject to a limit of $4,000,000 annual aggregate, on a claims-made basis. Such insurance cannot be canceled until thirty days after the Owner has received written notice of the insured's intention to cancel the insurance. 12.6.2 The Architect shall maintain: 1) Statutory workers compensation and employers' liability insurance coverage. 2) Comprehensive general liability insurance coverage and automobile liability insurance coverage in the sum of not less than $1,000,000 per policy. 12.7 Americans with Disabilities Act The Architect shall use reasonable professional effort and judgment in interpreting and advising the Owner as to the necessary requirements for the Project to comply with the Americans with Disabilities Act (ADA). The Architect shall rely on the local building department for interpretations of the ADA at the time the service is rendered. The Architect does not warrant or guarantee that the Project will fully comply with interpretations of ADA requirements by regulatory or judicial bodies. 12.8 Limitation of Liability Architect's liability to Owner for any and all claims, losses, expenses or damages arising out of the Project or this Agreement from any cause including but not limited to the Architect's negligence, errors, or omissions shall not exceed the insurance proceeds available at the time of settlement or judgment. This limitation shall apply regardless of the cause of action or legal theory pled or asserted. 12.9 Standard of Care The Architect's services shall be performed in accordance with those usual and customary standards of professional care, skill, and diligence which are at the time of performance of services under this Agreement commonly followed by architects performing the same or similar services in the locale in which the Architect's office is located. Nothing in this Agreement, or otherwise prepared as a result of the Project, shall modify the foregoing standard of care. The Architect shall not be required to sign any documents that would result in it having to certify, guarantee or warrant the existence of conditions whose existence the Architect cannot ascertain. 12.10 Schedule Both the Architect and the Owner will put forth reasonable efforts to complete their respective duties in a timely manner. Because the Architect's performance must be rendered with due diligence and be governed by sound professional practices, the Architect is not responsible for delays occasioned by factors beyond its control. J:\MKT\AGR\Albertvi/le A1 209 CH Article 12.doc 17 Appendix A 2005 Billing Rate Schedule Range of Labor Classification Hourly Rates Sr. Principal $112.00 - $125.00 Principal 107.00 - 120.00 Specialist * 96.00 - 156.00 Project Manager 102.00 - 113.00 Sr. Enoineer 96.00 - 113.00 Architect I Landscape Architect 89.00 - 102.00 Engineer 72.00 - 102.00 Environmental Scientist 72.00 - 102.00 Designer I GIS Specialist I Landscape Designer 74.00 - 90.00 Draftsperson 58.00 - 78.00 Proiect Technician 40.00 - 47.00 Field Supervisor 71.00 - 96.00 Land Surveyor I Survey Crew Chief 59.00 - 89.00 Inspector 59.00 - 81.00 Survey Technician 41.00 - 59.00 3-Person Survey Crew 150.00 - 195.00 2-Person Survey Crew 110.00 - 145.00 GPS Survey Equipment 35.00 Total Station Equipment 25.00 GIS Workstation Equipment 20.00 GPS Submeter Unit (per half day) 75.00 * Specialists: experts in highly technical disciplines These rates are adjusted annually in accordance with the normal review procedures of Bonestroo, Rosene, Anderlik and Associates, Inc. J:\MKT\AGR\Albertville A1 209 CH Article 12.doc . . . 18 Appendix B Basic Services Task Descri tion Additional Information 1 Project ManaQement x 1.01 Travel time, pre-design and design phases X 1.02 Travel time, construction phase X 1.03 Review Owner input X 1.04 Consult with special agencies X 1.05 Review special regulations X 1.06 Market study X 1.07 Planning Commission meeting 0 Meetings X 1.08 City Council meetings --1- Meeting, for approval of construction documents and authorization to solicit bids X 1.09 Special Review Board meeting 0 Meetings X 1.10 Public hearings 0 Meetings X 1.11 Project meetings, design phases 8 -10 Meetings X 1.12 Document existing conditions Only for design purposes 2 Pre-Design X 2.01 Space needs study Completed by SEH; report dated Feb. 25, 2004 X 2.02 Building program Verification of program completed with Owner Iparticipation/approval on Jan. 24, 2005 X 2.03 Bubble diagrams (space adjacencies) X 2.04 Special equipment research X 2.05 Field measurements and photos X 2.06 Site analysis Only for building placement on site. X 2.07 Site selection chart X 2.08 Environmental study X 2.09 Hazardous material study X 2.10 Building code analysis X 2.11 Budget study Only to verify Project budget contained in SEH's Feb. 25, 2004 report X 2.12 Zoning review X 2.13 Site survey Licensed land survey to be provided by Owner. If none is available, Architect may provide as an Additional Service. . J:\MKT\AGR\Albertville A1 209 CH Article 12.doc 19 Appendix B Basic Services Task Descri tion Additional Information 3 Schematic Design x 3.01 Compare alternatives Three maximum X 3.02 Draft sketches--plan, section and elevation X 3.03 Site plan Up to three sketched alternatives X 3.04 Structural concept plan X 3.05 Systems concept plan X 3.06 Perspective drawing X 3.07 Presentation drawings CAD-produced colored plan, elevation and site plan X 3.08 Operations cost estimate X 3.09 Interior design X 3.10 Acoustical design X 3.11 Opinion of probable construction cost Provided at the end of this phase X 3.12 Fixed limit of construction cost X 3.13 Colored marker rendering CAD produced colored perspective view X 3.14 Presentation model (3D) X 3.15 Outline specification 4 Design Development X 4.01 Approved background floor plan X 4.02 Compare structural systems One recommendation only, appropriate for the building's design X 4.03 Compare mechanical systems One recommendation only, appropriate for the building's design X 4.04 Special electrical--sound system X 4.05 Special electrical--security system X 4.06 Structural layout plan X 4.07 HVAC layout plan X 4.08 Electrical layout plan X 4.09 Catalog cut booklet X 4.10 Color schedule X 4.11 Room finish schedule X 4.12 Energy payback comparisons X 4.13 Site utilities beyond building perimeter Sewer and water connections to be extended from the mains in the adiacent street X 4.14 Traffic engineering X 4.15 Outline specification X 4.16 Opinion of Probable Construction Cost Updated at the end of this phase X 4.17 Fixed limit of construction cost . J:\MKnAGR\Albertville A1 209 CH Article 12.doc 20 Appendix B Basic Services Task Oescri tion Additional Information 5 Construction Documents I Bidding Assistance X 5.01 Demolition plans Clearing and grubbing site work (trees, curb & gutter) X 5.02 Bid alternates Two maximum X 5.03 Site engineering drawings X 5.04 Landscape drawings X 5.05 Architectural drawings X 5.06 Structural drawings X 5.07 Mechanical drawings X 5.08 Electrical drawings X 5.09 Special Equipment X 5.10 Short form specifications X 5.11 Standard specifications X 5.12 Construction management bid packages X 5.13 Special code reviews X 5.14 Special agency reviews For catering kitchen, if necessary X 5.15 Special specification standards X 5.16 Printing bidding documents Expenses are reimbursable X 5.17 Bidder pre-qualification X 5.18 Evaluate substitutions, approve equals X 5.19 Value analysis Architect's internal review process only X 5.20 Opinion of Probable Construction Cost Updated at completion of Construction Documents X 5.21 Fixed limit of construction cost 6 Construction Phase Services X 6.01 Weekly construction observation Weekly, plus periodic site visits as determined by the Architect X 6.02 Progress meetings Twice monthly X 6.03 Coordination of Special Inspections Bya third party billed directly to Owner, to include (structural) visual observations; no testing. Coordinated by Architect. X 6.04 Shop drawing review X 6.05 Testing coordination To include review of test results and specifying of additional tests as necessary X 6.06 Re-inspections One re-inspection of punch list X 6.07 Start-up services X 6.08 Operations instructions Provided by contractors X 6.09 Record plans Provided by contractors X 6.10 Construction contract administration . J:\MKT\AGR\Albertville A1 209 CH Article 12.doc 21 . ~ A.!~~r.!.'!iJL€ Additions to the Monday, February 7th Council Agen~a (Amended Agenda included) 1) February 1,2005 Council Workshop MinItes 2) Resolution of support for 1-94 Access Change oflocation for the Monday, February 28, 6:30 Public Information meeting from St. Albert's Parish Center to the High School Lecture room. . . 1 . ~ A.!~~t!'!ilL€ City of Albertville City Council Workshop Minutes January 18,2005 Albertville City Hall 7:00 PM PRESENT: Mayor Don Peterson, Council members Tom Fay, Ron Klecker, LeRoy Berning and John Vetsch, City Engineer Pete Carlson, Jaimison Slobodan, Scott McBride and City Administrator Larry Kruse ABSENT: None Mayor Peterson called the City Council meeting of the City of Albertville to order at 6:30 p.m. The purpose of the workshop was to review 1-94 traffic modeling. Scott McBride opened by reviewing the history of the project and outlined the five different options that traffic modeling has been completed as follows: . 1) No-build: 1-94 with 6 lanes, No Naber Intersection 2) 2B: Modified CD Road EB & WB 3) 2C: Modified CD Road EB, Direct Ramps WB 4) B: Full Intersection CR 19, halflntersection CR 37 5) D: Full Intersection CR 19, No Intersection CR37 Mr. McBride shared the 2030 traffic counts for CR19 at 14,000 trips per day to and from the West ofCSAH 19 and 30,000 trips per day from the East ofCSAH 37. Mr. McBride then stated that 5,000 of the trips to and from the East will use CSAH 37 and 4,000 of the 1-94 East bound traffic will exit on CSAH 37. The majority of the traffic will use CSAH 19 as follows: 10,000 trips per day to and from the West will use CSAH 19 and 25,000 trips per day from East 1-94 will use CSAH 19. The Council wanted to emphasize that the No-build, full Intersection at CR 19 and half at CR 37, and the full intersection at CR 19, and no intersection at CR 37 were requirements from MNDOT to study and needed to build the case to support 2B and 2C Modified Collector Distributor layouts. Further the Council wanted to make it clear that they do not support closing any ramps on CSAH 37. . . Questions the Council asked and SEH stated they would get back to the City are: 1) If the interchange were built today, what would the traffic counts be for CSAH 19 and CSAH 37, as compared to slide number 2 2) What would the traffic modeling of2B and 2C look like without the Naber Avenue interchange? The Council set a public informational meeting for Monday, February 28th at 6:30 p.m. at a location to be announced. RESOLUTION OF SUPPORT City Administrator Kruse stated the timeframe to garner legislative support for a state or federal appropriation for 1-94 is short and advised the council to adopt a resolution as soon as possible. The City is asking other government units to support us and Albertville should lead with a resolution. By consensus the Council agreed to consider and support a resolution for the 1-94 project at the Monday, February 7,2005 City Council meeting. The preferred layout is Option 2C, Modified CD Road EB, Direct Ramps WB. Workshop adjourned at 8:30 p.m. . . . CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2005-10 A RESOLUTION OF SUPPORT FOR THE INTERSTATE 94 ACCESS AND SAFETY IMPROVEMENTS AT CSAH 19 AND CSAH 37 IN THE CITY OF ALBERTVILLE THAT BENEFIT COMMUNITIES ALONG OR ADJACENT TO THE 1-94 CORRIDOR WHEREAS, Transportation improvements are essential to the safety of the motoring public traveling through and within the City of Albertville, and neighboring communities adjacent to and along the 1-94 corridor; WHEREAS, adequate road capacity, freeway access and safety improvements facilitate the efficient movement of goods, provision of services, access to residential and commercial developments along the 1-94 corridor that are vital to the region, and; WHEREAS, current planning and project development activities for 1-94 roadway improvements within the 1-94 corridor are necessary to address future growth in traffic on existing roadways, within the region and adjacent communities and; . WHEREAS, the interchange improvements at CSAH 19 and CSAH37 are part of a comprehensive, multi-jurisdictional effort involving local, county and state interests and; WHEREAS, the Northeast Wright County Transportation Study identified CSAH 19 and CSAH 37 as an integral 1-94 access points for the region. WHEREAS, all parties involved are supportive in concept of the safety and access improvements developed consistent with planned future expansion in capacity to 1-94 along the corridor from the City of Rogers to the City of Monticello; NOW, THEREFORE BE IT RESOLVED by the City of Albertville: The City of Albertville supports 1-94 and desires to make necessary Interstate 94 freeway access and safety improvements at CSAH19 and CSAH 37 in the City of Albertville that will benefit the communities along or adjacent to the 1-94 corridor. Adopted this 7th day of February 2005 by the City Council of the City of Albertville. . . ~ A!l:!.~'!'!iJL€ To: Mayor Peterson and Council Members From: Larry R. Kruse, City Council Date: February 4, 2005 Re: City of Albertville Capital Improvement Plan (CIP) Enclosed please find a copy of the CIP and worksheet that we discussed a year ago. I've updated the worksheet for 2005. There are several ways to finance the City Hall project as follows: 1) EDA Lease 2) Capital Improvement Bond 3) General Obligation Bond (requires referendum) . It is important that the City adopt a CIP plan not only to have the ability to finance certain improvements, but it is also a requirement for the Government Finance Officers Association Comprehensive Financial Audit Report and the Distinguished Budget Presentation Award programs. Last year, the council tabled discussion on this and now I hope to bring it back for Council consideration. . . To: Mayor and Council From: Larry R. Kruse, City Council Date: January 14,2004 Re: City of Albertville Capital Improvement Plan The Capital Improvement Plan (CIP) is an important part ofthe City's overall planning processes. The City's Capital Improvement Plan objectives include: . Planning for capital maintenance and improvement by preparing a CIP and, . Providing consistent investment in City equipment, facilities and infrastructure and, . Preserving and expanding capital in a way that is sustainable and affordable for Albertville citizens. . The proposed 2004/08 CIP was reviewed at the January 14,2004 City Council Workshop. A public hearing will be held on February _,2004 and the City Council will consider adopting the 2004/08 CIP after the hearing. In 2003, the legislature approved new legislation, which allows the City to issue bonds for the purpose of a city hall, public safety facility and public works facility. The CIP process and documents have been designed to meet the criteria of the legislation. In general the City must prepare a detailed capital improvement plan, conduct a public hearing and adopt the Capital Improvement Plan. The 2004/08 CIP totals $10,780,000 in gross improvements. The City has completed a Capital Improvement Plan that preserves and enhances Albertville's quality of life, delivers high quality public services effectively and efficiently, and manages City Resources responsibly. Introduction . The City plans for capital maintenance and improvements by preparing a capital improvement plan (CIP). The CIP represents a framework for planning the preservation and expansion of capital including equipment, facilities and infrastructure. It sets forth the estimated schedule, timing and details of specific improvement by year, together with . the estimated cost, the need for the improvement and sources of revenue to pay for the improvement. The CIP is linked to the City's strategic plan. More specifically, it accomplishes the following key objectives found in the City's strategic plan: . Preserves and enhances Albertville's high quality oflife. . Delivers high quality public services effectively and efficiently. . Manages City resources responsibly. This is accomplished by preserving and expanding capital in a way that is sustainable and affordable for Albertville citizens. The City Council considered the following when preparing the CIP for each project and for the overall plan: . . the condition of the City's infrastructure including the projected need for repair or replacement. . the likely demand for the improvement. . the estimated cost of the improvement. . the available public resources. . the level of overlapping debt in the City. . The relative benefits and costs of alternative uses of funds. . Operating cost of the proposed improvement. . Alternatives for providing services most efficiently through shared facilities with other cities or local government units. Capital Improvement Def"mition A capital improvement is a major expenditure of City funds. For the CIP, the City defines a capital improvement where the cost of a single project or piece of equipment is over $25,000. "For the purpose of issuing bonds under Minnesota Statutes 475.521 (originally codified as Minnesota Statutes 410.326, capital improvement means acquisition or betterment of public lands, buildings or other improvements for the purpose of a city hall, public safety facility, and public works facility. An improvement must have an expected useful life of five years or more to qualify." Capital Policies The following debt and capital policies have been established to guide policy decisions regarding capital improvement planning. . . The City will confine long-term borrowing to capital improvements or projects that cannot be financed from current revenues. Where the issuance oflong-term . debt is required, it will pay back the bonds within a period not to exceed the expected useful life of the project. . The City will maintain a sound relationship with all bond-rating agencies and will keep them informed about current capital projects. . The City will maintain a five-year Capital Improvement Plan for all projects over $25,000 and will update the plan every two years. . A minimum of $ will be budgeted annually as a transfer from the General Fund to the Capital Improvement/Maintenance Fund. Process The City maintains a Five Year Capital Improvement Plan (CIP). Bi-annually, each department documents and prioritizes their requested projects and submits them to the City Administrator. The City Administrator, with the assistance of department heads and staff, reviews, analyzes and prioritizes projects. Finally the City Administrator presents a recommended CIP to the City Council for their consideration. Once the City Council is comfortable with the proposed CIP, the City Council will host a public hearing to garner public comments. Finally, based on the public input, the Council will adopt or amend and adopt a bi-annual CIP. . Project Summary The Capital Improvement Plan includes improvement, repair and maintenance of City owned facilities including but not limited to the City Hall, Fire Stations, Public Works Facilities, Information Technology and Parks. Public Works Facilities includes the pavement management program and trails systems. The pavement management program provides ongoing maintenance of approximately _ miles of City streets. Funding The projects identified in the Capital Improvement Plan are funded primarily through pay-as-you-go financing and dept. These funding sources are described below. Pay-As- You-Go . . Pay-as-you-go is a method of financing capital projects with current revenues - paying equal the original capital costs, depending on interest rates and repayment schedules. . Pay-as-you-go protects borrowing capacity for unforeseen major outlays that are beyond any current year's capacity. . . Pay-as-you-go fosters favorable bond ratings when long-term financing is undertaken. The City uses pay-as-you-go financing for most of the CIP including amounts from the Capital Improvement/Maintenance Fund and the Park Improvement Fund. Debt The use of debt, borrowing is the major alternative to pay-as-you-go. The City has many financing and debt mechanisms available, which may be used. A brief description of the different types of debt purposed in the CIP follows although other financing and debt options may also be used. . General Obligation Bonds General obligation bonds are any obligation, which pledge the full faith and credit of the City to their payment. Bonds may be issued for the acquisition or betterment of public buildings, parks, playgrounds, and streets and to provide money for any authorized corporate purpose. Obligations may be issued by any municipality upon obtaining the approval of the electors unless the issue is specifically exempted from the election requirement. . . Capital Improvement Plan Bonds In 2003, the Minnesota legislature passed Minnesota Statute 410.326, which allows cities to issue bonds under a qualified capital improvement plan without referendum requirements. Bonds may be issued for the acquisition or betterment of public lands, buildings or other improvements for the purpose of a city hall, public safety facility, and public works facility. The CIP process and documents have been designed to meet the criteria of the law. In general, the law requires an analysis of each project and how it fits into the overall plan, a public hearing and council adoption of the plan. ] . Capital Notes Per Minnesota Statute 412.301, the city may issue capital notes to purchase public safety equipment and other capital equipment having an expected useful life at least as long as the terms of the notes or up to five years. Conclusion . The City has completed a Capital Improvement Plan that preserves and enhances Albertville's high quality of life, delivers high quality public services effectively and efficiently, and manages City resources responsibly. The CIP is an important tool to maintain and provide consistent investment in City equipment, facilities and infrastructure. I Facilities g / !!/ & /, / {, ~ &/, / & /. / ~ ~ ~ ~ ~ ~ ~ ~ ~ .s. '\loo. .s " .f; " .S ;:: .s a S (j S 8 S 8 S 8 :;j 8 o ~ 1/ 12 .5:; .f ~!! .f ",! .f ~!! ! ",! Q '{' I.i. City Hall $2.600,000 IP Rev Bond $2,600,000 Total $2,600,000 $0 $0 $0 $0 Total Facilities $2,600,000 I Equipment ~ / &~ / &/, / {,~ &~ / &/ / :a !J ~ ~ ~ ~ ~ ~ ~ ~ ~ .s. ...... .S ........ .S ...... .S " .S " .S a S (j S (j S (j 5 (j 5 8 o ~ 0 ~ 0 ~ 0 ~ 0 !l:i 1/ of ",5:; of ",5:; of ",5:; of ",5:; of ",5:; Q Plow Truck $130,000 Reserves $130,000 4 X 4 Pickuo w/olow $30,000 Reserves $30,000 One ton truck $40.000 Utilitv Tractor $60,000 $60,000 Bob Cat $35,000 $35,000 RidinQ Lawn Mower $30,000 $30,000 $0 Total $130.000 $90,000 $35,000 $70.000 $0 Total Eouioment $285,000 I Vehicles ~ / & /. / & /, / [, ~ &1 / & /. / :a ~ ~ !J ~ ~ ~. !J ~ ~ ~ .s. ...... .S ...... .S- ...... .S ...... .S ...... .S a S (j S (j S (j 5 (j S (j o ~ 0 ~ 0 ~ 0 ~ 0 ~ 1/ 12 .5:; 12 .5:; 12 .5:; 12 .5:; 12 .5:; Q '{' I.i. '{' I.i. '{' I.i. '{' I.i. '{' I.i. Pickuo Truck (Streetl $15,000 Reserves $15,000 $0 $0 $0 $0 Total $15,000 $0 $0 $0 $0 $0 Total Vehicles $15,000 I Street ~ / !/,?/!/,?/l/.?~!~?/ !/.?/ :8 .s. a S (j S (j S (j S (j S (j o ~ 0 ~ 0 ~ 0 ~ 0 ~ 1/ 12 .5:; 12 .5:; 125:; 12 .5:; 12 .5:; Q '{' I.i. '{' I.i. '{' I.i. '{' I.i. '{' I.i. CSAH 19/1-94 Ramps $0 $12,000,000 . $4,000,000 $16,000,000 50th Street Traffic Sianal $125,000 $125,000 67-70th Street Traffic Sianal $125,000 $125,000 Main Avenue and Bartel Ind. Dr. $250,000 $250,000 70th Street $0 Maciver $0 50th Street $0 Total $0 $12,000,000 $500.000 $0 $4,000,000 Total Street $16.500,000 I Fire Department ~ /. & /. / & /, / [, ~ &~ / & /. / :8 ~ ~ ~ ~ ~ ~ !J ~ ~ ~ .s. ...... .S ."".. .~ ...... .s- ....... .r; ...... .f; a S (j S (j S (j S (j S (j 1/ o ~ 0 ~ 0 ~ 0 ~ 0 ~ 12 .5:; 12 .5:; 12 .5:; 12 .5:; 12 .5:; Q '{' I.i. '{' I.i. '{' I.i. '{' I.i. '{' i.( Tanker Truck $350,000 Lease $350.000 Air Compressor $30,000 $30.000 Air Packs (12) $50,000 Reserves $50,000 $100,000 $0 $0 $0 $400,000 $0 $30,000 $50,000 $0 Total Fire $480,000 I Parks ~ /.!/?/!I//l/p~!~?/ !/?/ :a .s. a S (j S (j S (j S (j 5 (j 1/ o ~ 0 ~ 0 ~ 0 ~ 0 ~ 12 .5:; 12 .5:; 12 .5:; 12 .5:; 12 .5:; Q '{' I.i. '{' I.i. '{' I.i. '{' I.i. '{' I.i. Arena Addition $150,000 Park Oed $150,000 Arena Land $150,000 Park Oed $150,000 YMCA $200,000 Park Oed $200.000 Park Oed $100,000 Park Oed $500,000 CSAH 37 Trail $250,000 Park Oed - $250,000 50th Street Trail $350,000 Park Oed $350,000 Albertvillas $0 Winter Park $1,100,000 $200,000 $100,000 $0 $0 Total Parks $1.400,000 $21,280,000 ~t"-IS $4.245.0001 $12.290,000 I $665.0~- $120.000 I $4.000.0001 $21,320,000 . - nment Lake man rn6~t'LJb +-~~e0 County left in limbo over state road funding \ 30 d. cy a rant for issuance of a worthless check and a Stearns County war- rant for offering a bad check. . Timothy James Lipponen, 20, Maple Lake, in Monticello Township Sunday for obstructing legal process. . Christopher Allen Klein, 34, Becker, in Monticello Monday on a Wright .County warrant for a fourth.degree controlled sub- stance violation, a Sherburne County warrant for failure to appear in court and a new charge of giving false information to a police officer. Court cases Wright County Attorney Tom Kelly's weekly report on court activity included two local defen- dants. . Debra Jean Goff, 29, Monticello, sentenced Tuesday, Jan. 11, for third-degree DWI to 365 days in jail and a $3,000 fine; all but seven days and $200 stayed for two years on conditions of probation, serve 23 days on elec- tronic home monitoring, no use or possession of alcohol or nonpre- scription drugs, submit to random testing, with no similar violations. Sentenced for giving false infor- mation to a police officer to 365 days in jail and a $3,000 fine; all but seven days, concurrent, and $100 stayed for two years on con- ditions of probation, serve 23 days on electronic home monitoring, concurrent, with no similar viola- tions. . Rodney Vince Parker, 41, Monticello, sentenced Monday, Jan. 10, for probation violations for domestic assault to 90 days in jail. Wright County by John Holler When counties, cities and townships run their budgets on the calendar year and the state runs its budgets on a fiscal year, there are bound to be problems. Such was the discussion at the Tuesday, Jan. 11, meeting of the Wright County Board, as High- way Engineer Wayne Fingalson reported to the commissioners that the state likely won't give the county its full $1.4 million request for state aid money in 2005. Fin- gals on told the board that th numbers are bad all over and th it looks to get worse before it ge better. "It's a pretty sorry financi state they're in right now," Finga son said. "There are shortfalls i both the regular and municip state aid construction accounts." As a result, the county boar approved a resolution supporti a transportation funding packag . sponsored by the Association 0 Minnesota Counties. The funding bill got bogged down in the State Legislature because of disagree- ments as to how counties would share the allotment. Under the AMC plan, some of the shortfall would be made up through increasing the state's gas tax, which currently sits at 20 'Cents per gallon-a figure in the lower one-third of state gas taxes. The county had planned to send out a press release explain- ing its dilemma to the citizens of the county, but held off on doing it until later this month. The county waits to see how much of its advance encumbering will be provided by the state. In other items on the Jan. 11 agenda, the board: . , . Awarded the Howard Lake- Waverly Herald as the . official county newspaper for 2005. The . ., ..,..1 ~"Q" f.-Am the Clearwater Watershed District was named Watershed District of the Year by the Minnesota Department of Natural Re- sources. . Approved the minutes of the transportation committee of the whole meeting held Wednesday, Jan. 5. Amon the items discussed -V' w pose 11 1- m - "'1' change adjacent to the Albertville Outlet Mall. Commissioner Pat Sawatzke (Monticello) had ver- biage added to the minutes to clearly reflect that no county dol- lars are being sought for the proj- ect, adding that the time to have the interchange put in should have been before the mall was built, not after. . Authorized signatures on the fede~al emergency response plan as It ert ce 0 ar enerating Plant. The plan is updated each year accord- ing to federal guidelines to assure that all nuclear power plants are in compliance. . Approved preliminary plans for a public information period con- cerning the construction of the new county jail. It is hoped that the brochures being developed will help the public unde~~..-=-~ the costs and~./~..';"~.lor a new...... . jail in Wright :Rull;~' "T'.. .,-"-", . Made three a . ~__.....u...,.v UIC Water Management Task Force. Gloria Grant Wynnemer of Howard Lake was selected from four candidates for the citizen-at- large position, while Rose Thelen was selected as the township rep- resentative on the task force and Charles Nelson was selected as, the mayor's representative. . Approved a resolution support~: ing a trail enhancement p~oject by the Citv of Annandale. It IS hoped ... '. &.._rl . .