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City Council Agenda Packet 02-11-2008AGENDA REGULAR MEETING — MONTICELLO CITY COUNCIL Monday February 11, 2008 — 7 p.m. NOTE: Special meeting at 5 p.m. — Lundsten/City Agreement governing Cedar Street Land Exchange Mayor: Clint Herbst Council Members: Wayne Mayer, Tom Perrault, Brian Stumpf and Susie Wojchouski 1. Call to Order and Pledge of Allegiance 2. Approve minutes of January 28, 2008 Regular Council meeting. 3. Consideration of adding items to the agenda. 4. Citizen comments, petitions, requests and concerns. 5. Consent Agenda: A. Consideration of waiving statutory liability limits for City insurance renewal. B. Consideration of approving temporary liquor license for the Monticello Lions Club for the Riverfest Celebration. C. Consideration of amending union contract for establishing foreman position. D. Consideration of approving credit card application with Target and Office Max. E. Consideration of renewal of contract for Carefree Lawn Service. F. Consideration of final payment and acceptance of work for Street Reconstruction Project, City Project No. 2006-1. G. Consideration of final payment and acceptance of work for Cedar Street/Dundas Road Improvements, City Project No. 2006-02C. H. Consideration of adopting resolution supporting a joint application by Wright County and the City of Monticello for LCCMR funds. I. Consideration of authorization to establish part-time position for Finance Department. J. Consideration of replacement of one ton service vehicle for Water and Sewer Dept. K. Consideration of adopting resolution recognizing the Industrial Development Committee. L. Consideration to approve appointment of members to the Industrial Development Committee. 6. Consideration of items removed from the consent agenda for discussion. Agenda Monticello City Council February 11, 2008 Page Two 7. Consideration of approving contract for Fiber to the Premise Engineering Design and Construction Management. 8. Consideration of a request for amendment to the Monticello Zoning Ordinance for the regulation of Grading and Erosion Control. 9. Consideration to review for appointment an ad hoc Natural Resource Inventory Selection and Review Committee and appoint a Council liaison to Committee. 10. Consideration of approving payment of bills for February. 11. Adjourn. Council Minutes: 1/28/08 MINUTES REGULAR MEETING — MONTICELLO CITY COUNCIL Monday January 28, 2008 — 7 p.m. Members Present: Clint Herbst, Wayne Mayer, Tom Perrault, Brian Stumpf and Susie Wojchouski Members Absent: None 1. Call to Order and Pledge of Allegiance Mayor Herbst called the meeting to order at 7 p.m. and declared a quorum present. The Pledge of Allegiance was said. 2A. Approve minutes of January 14, 2008 Regular Council meeting. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE JANUARY 14, 2008 REGULAR COUNCIL. TOM PERRAULT SECONDED. MOTION CARRIED UNANIMOUSLY. 2B. Approve minutes of January 16, 2008 — Economic Development Workshop SUSIE WOJCHOUSKI MOVED TO APPROVE THE MINUTES OF THE JANUARY 16, 2008 ECONOMIC DEVELOPMENT WORKSHOP. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED WITH BRIAN STUMPF ABSTAINING. 3. Consideration of adding items to the agenda. Discussion of Marvin Road was added to the agenda. 4. Citizen comments, petitions, requests and concerns. None. 5. Consent Agenda: A. Consideration of ratifying hires and departures. Recommendation: Ratify the hires and departures as identified. B. Consideration of approving contributions. Recommendation: Approve the contribution and authorize use of funds as specified. C. Consideration of approving a temporary liquor license for the Hi -Ways Liquor wine tasting event on March 14, 2008. Recommendation: Approve a temporary liquor license for Hi -Way Liquors for a wine tasting event to be held on March 14, 2008. D. Consideration of setting date of Tuesday, April 29, 2008 for Board of Review. Recommendation: Approve setting Tuesday April 29, 2008 at 7 p.m. as the date for the 2008 Board of Review. Council Minutes: 1/28/08 E. Consideration of approval of contract with Wright County for police protection. Recommendation: Approve the 2008-2009 contract with Wright County for police protection services as presented. F. Consideration of a resolution giving final approval to issuance of Public Project Revenue Refunding Bonds, Series 2008A (City of Monticello, Minnesota Lease Obligation) related to certain public facilities and agreements related thereto. Recommendation: Adopt a resolution giving final approval to issuance of Public Project Refunding Bonds, Series 2008A (City of Monticello, Minnesota, Lease Obligation) related to certain Public Facilities and Agreements related thereto. G. Consideration of to approve the transfer of funds for costs associated with the consolidation of the EDA and HRA. Recommendation: Approve transfer of $4,576.50 from General Fund 101 to EDA Fund 213. H. Consideration of a request for preliminary plat, conditional use permit for development stage planned unit development, conditional use permit for drive-through facility and conditional use permit for joint parking and access for the proposed First Federal Addition, a commercial subdivision in a B-4 (Regional Business) District- First Federal Bank. Recommendation: Decision #1: Approve the Development Stage Planned Unit Development, preliminary and final plat and conditional use permit for cross parking and cross access, based on a finding that the proposed use is consistent with the intent of the existing PUD and B-4 District subject to the following conditions: 1. The applicant shall submit a revised photometric plan, illustrating foot candle readings no greater than 1.0 at the property line. 2. Any wall mounted lighting shall contain full cutoff fixtures. 3. Any disruption of private structures due to work within the drainage and utility easement would be at the expense of the property owner. 4. The site plan shall be revised to include one additional handicap accessible parking stall with proper signage. 5. The applicant shall provide directional signage on the southeast corner of the site prior to the dead-end. 6. The applicant shall comply with all recommendations of the City Engineer as outlined in the memo from WSB and Associates dated December 19, 2007 and as amended by the Planning Commission on January 2, 2008 in relationship to barricade design. Decision #2: Approve the conditional use permit for a drive through facility based on a finding that the proposed use is consistent with the intent of the PUD and satisfies the conditions of approval. I. Consideration of a request for extension of a conditional use permit for a concept stage planned unit development for Kj ellberg Estates, a 372 unit mixed -residential development — Ocello, LLC. Recommendation: Approve an extension of the September 12, 2005 conditional use permit for Concept stage Planned Unit Development for Kj ellberg Estates to January 1, 2009 with the condition that all previously approved conditions be assigned to the extension. J. Consideration of a request for extension of a conditional use permit for joint parking and drives and a conditional use permit for drive through -facility for a commercial development in the CCD (Central Community District).— Masters 5th Avenue. 2 Council Minutes: 1/28/08 Recommendation: Approve an extension of the September 12, 2005 conditional use permit for joint parking and drives and a drive-through facility for Masters 5th Avenue to January 1, 2009 with the condition that all previously approved conditions be assigned to the extension and with the addition of the following conditions: a) Disconnection of existing water and sewer connections on vacant lots proposed for development at the direction of the Public Works Director and b) Continued maintenance of the vacant lots proposed for development in accordance with City ordinance. K. Consideration of approving liquor providers for MCC for 2008-2009. Recommendation: Approve the following caterers and liquor providers for 2008 and 2009 for the Community Center Mississippi Banquet room: 1) Crostini Grille; 2) Cornerstone Cafe; 3) Russell's on the Lake; 4) Classic Catering by RJ's; 5) Henry's Catering and 6) CH Professional Catering. L. Consideration of amending union contract for establishing foreman position. Recommendation: Approve the Memorandum of Understanding amending the union contract to include a foreman position. M. Consideration of approving a registered land survey for St. Benedict's simple subdivision. Recommendation: Approve the Registered Land Survey for the St. Benedict's Senior Community sign parcel. N. Consideration of waiver of potential conflict. Recommendation: Approve the waiver of potential conflict. o. Consideration of award of contract for demolition of structures at Cedar Street Garden Center and Bechtold property (future Public Works site), City Project No. 2007-20C. Recommendation: Award the joint project to Fitzgerald Excavating of Goodhue, Minnesota based upon their low proposal of $25,500. Wayne Mayer clarified on item #5H that the property lies west of Highland Way not east of it. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS #5E, #5I, #5J AND #5L. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. #5E Consideration of contract with Wright County for Police Protection: Tom Perrault noted that the hours of the contract were supposed to have increased in July of 2007. Staff felt no decision should be made on the additional hours until after the Council has heard the report from the Wright County Sheriff s Department and for now staff was recommending the Council adopt the contract as is and make a decision on additional hours after the meeting with the Sheriff s Department. Clint Herbst felt the Police Commission should discuss this further and bring back their recommendation. Brian Stumpf noted in the past the City has added the hours incrementally. SUSIE WOJCHOUSKI MOVED TO APPROVE THE SHERIFF'S PROTECTION CONTRACT WITH WRIGHT COUNTY FOR 2008-2009 AS IS WITH THE UNDERSTANDING THAT AT THE FEBRUARY MEETING THE SHERIFF'S DEPARTMENT WILL GIVE AN UPDATE ON LAW ENFORCEMENT NEEDS AND A DETERMINATION ON WHETHER TO REQUEST 3 Council Minutes: 1/28/08 ADDITIONAL HOURS OF SERVICE WILL BE MADE AFTER THAT PRESENTATION. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #5I Extension of a conditional use permit for concept stage planned unit development for Kjellberg Estates: Susie Wojchouski noted the conditional use permit expired September 12, 2006 and wondered why it was so late in coming back to ask for an extension. Jeff O'Neill stated it has not been something that has happed very often in the past. Brian Stumpf questioned how the PUD affects the Council's goals on type of housing that they want to see come in. Jeff O'Neill said the new comprehensive plan addresses that. Steve Grittman stated that at the Planning Commission there was some discussion of this but he noted this is just concept stage approval so the City still has some leeway. SUSIE WOJCHOUSKI MOVED TO APPROVE AN EXTENSION OF THE SEPTEMBER 12, 2005 CONDITIONAL USE PERMIT FOR CONCEPT STAGE PLANNED UNIT DEVELOPMENT FOR KJELLBERG ESTATES TO JANUARY 1, 2009 WITH THE CONDITION THAT ALL PREVIOUSLY APPROVED CONDITIONS BE ASSIGNED TO THE EXTENSION. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Tom Perrault asked about the land on the north side of School Boulevard. Charlie Pfeffer representing Ocello stated there is a small parcel on the north side of School Boulevard which is used for storm water ponding and is under the power line easement. Tom Perrault stated that 115 of the development is park land and he felt that the City should be getting cash in lieu of land for park dedication. Steve Grittman responded that whether the City takes land or cash as park dedication has not been decided yet. That decision will be made at the development stage approval. #SJExtension of conditional use permit for joint parking and drives and for drive through facility for a commercial development for Masters 5th Avenue: Susie Wojchouski noted her question on the lag time between the lapse of the conditional use permit and the request for extension had been answered with the previous item. SUSIE WOJCHOUSKI MOVED TO APPROVE AN EXTENSION OF THE SEPTEMBER 12, 2005 CONDITIONAL USE PERMIT FOR JOINT PARKING AND DRIVES AND A DRIVE-THROUGH FACILITY FOR MASTERS 5TH AVENUE TO JANUARY 1, 2009 WITH THE CONDITION THAT ALL PREVIOUSLY APPROVED CONDITIONS BE ASSIGNED TO THE EXTENSION AND WITH THE ADDITION OF THE FOLLOWING CONDITIONS: A) DISCONNECTION OF EXISTING WATER AND SEWER CONNECTIONS ON VACANT LOTS PROPOSED FOR DEVELOPMENT AT THE DIRECTION OF THE PUBLIC WORKS DIRECTOR; B) CONTINUED MAINTENANCE OF THE VACANT LOTS PROPOSED FOR DEVLEOPMENT IN ACCORDANCE WITH CITY ORDINANCE. #5L Amending Union contract for establishing a foreman position: Wayne Mayer questioned #4 in the Memorandum of Understanding and asked that the City Attorney provide clarification on this. 'WAYNE MAYER MOVED TO TABLE ACTION ON THIS ITEM UNTILTHE CITY ATTORNEY CAN REVIEW THE MEMORANDUM OF UNDERSTANDING. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 2 Council Minutes: 1/28/08 7. Public Hearing on delinquent utilities and certification of delinquent accounts to Countv Auditor. Finance Director, Tom Kelly noted that the list of delinquent accounts was greater in number and also greater in dollar value than previous quarters. Mayor Herbst opened the public hearing. There was no one present who spoke for or against the proposed assessment. Mayor Herbst then closed the public hearing. BRIAN STUMPF MOVED TO ADOPT THE ASSESSMENT ROLL FOR DELINQUENT CHARGES AS PRESENTED. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8. Public Hearing on consideration of appeal of denial of a variance to Chapter 3-9 regulating wall and vvlon signage. Applicant: Moon Motorsports. Steve Grittman provided background information stating that the Planning Commission had denied a variance request from the applicant that would have allowed 434 square feet of wall signage and two pylon signs. The ordinance allows a maximum of 300 square feet of wall signage and one pylon sign. Moon Motorsports has agreed to have one pylon sign but has requested an appeal on the denial of the variance for maximum square footage of signs. Moon Motorsports is proposing 180 square foot pylon sign and 194 square feet of wall signage which totals 374 feet which exceeds the maximum allowed by ordinance. Brian Stumpf asked what had been done with the Hecker site. In the Hecker situation because of the different brands of cars being sold the signage was an issue. However, Steve Grittman indicated that the Hecker situation was different because there were a number of parcels and each parcel could have the signage allowed by code. Here there is only one parcel. Brian Stumpf asked when the Planning Commission was going to look at the sign ordinance. Jeff O'Neill stated that they would like to have the zoning ordinance updated by the end of the year. Brian Stumpf stated he didn't want to deny a variance only to have the ordinance change shortly thereafter and the new ordinance would allow the use that was denied. Clint Herbst felt if the pylon sign conforms to code the City should allow some leeway with the wall signage. Clint Herbst stated while no hardship is shown on this, he felt the City should be allowed to show flexibility with the total square footage. Brian Stumpf felt the sign ordinance should be looked at again as far as what signage should be allowed along the freeway. Wayne Mayer felt on a new sign ordinance the City should 'look at the total footage of wall space and the portion of that space that will be sign. Wayne Mayer felt the signage proposed by Moon Motorsports was aesthetically pleasing and that he did not have a problem with the wall signage proposed. Wayne Mayer said the benefit of tying it to square footage size of the building is that if the applicant wants bigger signs they have to build bigger buildings. Steve Grittman noted the ordinance does have a cap for wall signage. Brian Stumpf clarified that in denying the variance request the Planning Commission was upholding the guidelines for granting a variance and if the Council reverses the variance denial it is not a reflection on the Planning Commission. Steve Grittman said if the Council is satisfied with the sign plan and the information presented here this can be used in the draft of the new ordinance. 5 Council Minutes: 1/28/08 Susie Wojchouski stated that it is important for this building to have the wall signage but not the two pylons. WAYNE MAYER MOVED TO APPROVE THE VARIANCE WITH THE FINDING THAT THE PROPOSED SIGNAGE IS CONSISTENT WITH INTENT OF THE ORDINANCE. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9. Consideration of amendment to conditional use permit for open and outdoor storage and outdoor sales and display. Applicant Moon Motorsports. Steve Grittman explained that the amendment to the conditional use permit is to allow for the change in the signage plan. BRIAN STUMPF MOVED TO APPROVE THE AMENDED CONDITIONAL USE PERMIT FOR MOON MOTORSPORTS BASED ON A FINDING THAT A HARDSHIP EXISTS WHICHPROHIBITS THE APPLICANT FROM HAVING REASONABLE USE OF THE PROPERTY. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 10. Consideration of establishing a second precinct for the 2008 general election. With the growing number of registered voters in the City, the Council was given preliminary information regarding the establishment of a second precinct. With approximately 6,000 registered voters the concern is whether the existing polling place, the gymnasium at the Community Center could continue to function as the sole polling place. Richard Quick, head election official, had discussed with Jim Johnson of the school district possible sites within the school district. The arena facility used for the school district elections was offered as a possible site. In the recent school district referendum the school had processed almost 4,000 voters through this facility. The facility uses the arena entrance so it has a separate entrance, is not intrusive into the school activities, is handicap accessible and has adequate parking. Brian Stumpf expressed concerns about using the school because of the impact the election activity would have on school activities and security. Clint Herbst felt the election process at the school during the referendum was difficult and was reluctant to make any change without educating the voters about the precinct change. Wayne Mayer noted that there are certain times of the year when the MCC facilities are closed such as pool cleaning and questioned whether the MCC couldn't schedule this activity during the election so there would be one less use of the facility for that day. Kitty Baltos, MCC Director, stated that the Community Center is never closed down to everyone unless it is a weather related emergency. She stated that 300-400 people use the facility and they would be upset if the facility was closed for elections. Clint Herbst felt the main problem with the facility is the parking and suggested that perhaps for elections the MCC members could use the parking lot by the library. Kitty Baltos stated that there is only one handicapped entrance which is on the south side by the Senior Center. The other entrances could be made handicapped accessible but it would be rather costly. Clint Herbst suggested utilizing both the Council Chambers and the gymnasium. Susie Woj chouski on Council Minutes: 1/28/08 wondered about using a church facility. It was thought that the only churches with rooms of any size were St. Henry's and Resurrection Lutheran Church. There was general discussion on what could be done to alleviate parking situation and to ease the flow of pedestrian traffic within the MCC facility. WAYNE MAYER MOVED TO HAVE THE MCC ADVISORY BOARD LOOK AT THIS IN DETAIL. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 11. Consideration of a request for amendment to the Monticello Zoning Ordinance, Chapter 3 regulating required fencing, screening and landscaping and required screening for off-street parking. Citv of Monticello. The proposed amendment provides for screening for commercial, industrial or institutional parking lots that abut against residential development. The amendment is meant to reduce the impact of vehicle headlights on residential properties. In instances where vehicle headlights are directed at abutting properties, the ordinance would require screening by the use of a half -berm design. If conditions do not permit the required size berm, solid maintenance free fencing may be used for all or a portion of the retaining wall. Steve Grittman stated developers can opt to design their parking lot so that it is not face out parking. Clint Herbst questioned if the berm is above four feet do they need to have a wall on it for safety reasons. Wayne Mayer said he had a concern about there being no barrier to keep kids from coming into this area. Steve Grittman said there will still be planting requirements which may discourage children. Steve Grittman added that at 4' it has to be an engineered wall which just means an engineer signs off on the wall design. City Engineer Bruce Westby said another option is to do something with the slope ratio. It was suggested going with a 3.1 ratio rather than 4.1 Tom Perrault stated in the agenda item under the discussion of the buffer yard, the individual is responsible for only %2 of the buffer yard and that responsibility belongs to the developer rather than the individual residents. Wayne Mayer asked of there was a maximum height the berm could be. He would be concerned if anything was allowed much over four feet. Steve Grittman indicated a berm much higher than 4' would be cost prohibitive. SUSIE WOJCHOUSKI MOVED TO APPROVE THE AMENDMENT TO SECTION 3-5[D]9 WITH THE CREATION OF SECTION (U) AS PREPARED BASED ON A FINDING THAT THE PROPOSED AMENDMENT IS NECESSARY TO ASSIST IN PROTECTING THE HEALTH, SAFETY AND WELFARE OF THE CITY AND WITH A REVISION TO THE PROPOSED AMENDMENT MAKING THE SLOPE 3.1 INSTEAD OF 4.1. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 12. MOVED TO CONSENT AGENDA 13. Consideration of financial policies.- A. olicies:A. Travel and Reimbursement Policy According to Tom Kelly, Finance Director, the City in the past operated their travel and reimbursement policy on the basis of two memos; one relating to allowable expenses for Fire Department Personnel and the other to reimbursement procedures for staff. There was never a formal policy. The draft policy had been reviewed by department heads at a site review meeting. 7 Council Minutes: 1/28/08 Tom Kelly reviewed the various provisions of the policy. The provision that generated the most discussion was the meal allowance. The policy contained maximum amounts the city would reimburse for a meal. However, it was noted the reimbursement would be based on actual costs. Any exception to this provision would have to be approved in advance by the City Administrator. Clint Herbst felt the meal reimbursement maximum was high but added that no matter what was set there would be some employees who would abuse it regardless. Tom Perrault asked about being paid for travel time. Tom Kelly responded that the only way to get paid for travel time is if you get prior approval from the City Administrator. Otherwise it is treated like going to work. If the mileage is more than what it takes you to get to work you are paid for the difference. If it is less than what it takes to get to work the individual receives no reimbursement. Wayne Mayer felt the department heads would have to show some responsibility in monitoring this and if there were any problems with the policy the Council could revisit the matter in six months. WAYNE MAYER MOVED TO ADOPT THE TRAVEL AND REIMBURSEMENT POLICY. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION AS HE FELT THE MEAL ALLOWANCE WAS TOO HIGH. 14. Review of bids for vehicle storage building. Proiect 2007-19C and consideration of award of contract. City Engineer, Bruce Westby reported that the City received a total of 22 bids for the vehicle storage building project. The base bid was for a masonry building and the alternate bid was for a pre-engineered metal building. The bids for the masonry building ranged from $328,674.00 to $545,453.85. The pre-engineered metal building bids ranged from $245,922.00 to $404,792.00. Due to an error in bidding the low bidder on the pre-engineered metal building pulled his bid which resulted in the low bidder on both the base bid and the alternate bid being Kue Contractors. To evaluate the cost differences in constructing and maintaining the two building types, Bruce Westby had an analysis done of the life cycle cost. The study shows that if the life cycle is 20 years then the pre-engineered metal building comes out better. With a 40 year design life cycle the two are about equal and at 60 years the masonry building is a better option. Based on the bids submitted by Kue Contractors there was only $68,000 difference in construction costs between the two alternatives. Susie Woj chouski asked what equipment was going to be stored in the building and where it is presently stored. The equipment includes the tanker nurse unit which is currently stored in the shop at the WWTP; a tanker and the applicator and disk which are stored out at the farm. John Simola said the problem with storing this out at the farm is that there is no place for staff to work on the equipment. Susie Wojchouski asked if this was something the City could wait on for a couple of years and whether the value of the equipment was worth more than the cost of the building proposed to house them. John Simola indicated the applicator was about $200,000; the nurse unit is $250,000 and tanker is $30,000-$50,000. Some of the features of the building were discussed with cost being a concern for the Council. Paul Saffert from Bolton Menk indicated the cost for this structure when included it was included in the biosolids bid was $360,000. Funding for this project was included in the recent bond sale. Council Minutes: 1/28/08 WAYNE MAYER MOVED TO AWARD THE CONTRACT FOR CITY PROJECT NO. 2007-19C TO KUE CONTRACTORS BASED UPON THEIR LOW BID OF $260,647 FOR THE ALTERNATE BID ITEM (PRE-ENGINEERED METAL BUILDING). BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 15. Review of bids for digester mixers, Proiect 2007-18C and consideration of award of contract., John Simola stated the mixers would be installed in the sludge stabilization tank where the biosolids are stored. Currently there are no mixers in this tank. The mixers will be on a time clock and not be fully automated. The mixers are needed to control the biosolids for now and in the future. With the mixers installed there would be uniformity as far as nitrogen content. Regardless of what process is chosen in the future to handle the biosolids the mixers are needed. John Simola also informed the Council that the new NPDES permit for the plant was approved without public comment. The dryer and press are approved within that permit. BRIAN STUMPF MOVED TO AWARD THE CONTRACT FOR CITY PROJECT NO.2007- 18C TO KRAEMER TRUCKING AND EXCAVATING BASED UPON THEIR LOW BID OF $356,557. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 16. Consideration of establishing a regular workshop meeting prior to the second Council, meeting of the month. A discussion was held on the number of special meetings that the Council held over the past year. It was suggested by the City Administrator that the Council set a regular date for consideration of workshop items. Brian Stumpf asked when the City would be going to a third meeting a month. The question was whether it was better to have a committed time than floating between the 2nd and 4th Mondays. Brian Stumpf asked that if a regular workshop meeting time was approved that it start in March as he will be gone for the second meeting in February. SUSIE WOJCHOUSKI MOVED TO ESTABLISH THE FOURTH MONDAY AT 5 P.M. AS A DATE FOR A REGULAR MEETING OF THE CITY COUNCIL FOR THE PURPOSE OF REVIEWING WORKSHOP ITEMS. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Added item: Marvin Road - Brian Stumpf asked what the City was going to do about Marvin Road. Would the City consider vacating it? John Simola indicated the City had pipe in the road right-of- way. Clint Herbst suggested John Simola and Bruce Westby will look at this so there is some plan in place for spring. 17. Consideration of approving pavment of bills for Januarv, 2008. BRIAN STUMPF MOVED TO APPROVE PAYMENT OF THE BILLS. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 18. Adiourn. TOM PERRAULT MOVED TO ADJOURN AT 9:05 P.M. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. E Recording Secretary Council Minutes: 1/28/08 10 Council Agenda: 2/11/08 5A. Consideration of waiving statutory liability limits. There was an error in the information submitted in the agenda item relating to the monetary limits which should be corrected as follows: Liability limit on any claim per individual is $400,000 Liability limit from all claimants for one incident is $1,200,000 Council Agenda: 2/11/08 5A. Consideration of waiving statutory liability limits for Citv insurance renewals. (JO) A. REFERENCE AND BACKGROUND: The purpose of this item is to have the Council formally adopt whether it wants to waive or not waive its monetary limits on tort liability as part of their insurance coverage. Our annual insurance coverages are renewable in March of each year, and as part of the renewal process, the City Council must formally indicate whether they want to waive monetary limits established by state statute. By state statute, statutory tort limits exist that limit the City's liability to $300,000 on any claim per individual and $1,000,000 from all claimants for one incident. In addition to the basic $1,000,000 coverage limit, the City has in the past, purchased an umbrella policy adding another $1,000,000 worth of coverage. Even though the City carries in effect, $2,000,000 worth of liability coverage, it has been the past decision of the City Council to not waive its monetary limits on tort liability thus still normally limiting our liability to $300,000 per person. If the Council did not take this position, an individual could seek damages above the $300,000 limit in any lawsuit. B. ALTERNATIVE ACTIONS: 1. The Council should formally indicate that the City of Monticello does not waive the monetary limits on tort liability established by Minnesota Statute 466.04. C. STAFF RECOMMENDATION: It is the recommendation of the City Administrator and Finance Director that the City Council should utilize the tort limits established by state statute and do not waive your monetary limits. D. SUPPORTING DATA: Copy of liability insurance application form. LEAGUE OF MINNESOTA CITIES INSURANCE TRUST LIABILITY COVERAGE -WAIVER FORM Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. The l decision to waive or not to waive the statutory limits has the following effects: rj If the city does not waive the statutory tort limits, an individual claimant would be able to recover no more than $400,000. on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $1,200,000. These statutory tort limits would apply regardless of whether or not the city purchases the optional excess liability coverage. If the city waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $1,200,000. on a single occurrence. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $1,200,000., regardless of the number of claimants. o If the city waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. This decision must be made by the city council. Cities purchasing coverage must complete and return this form to LMCIT before the effective date of the coverage. For further information, contact LMCIT. You may also wish to discuss these issues with your city attorney. MiiJ accepts liability coverage limits of $ � 42,00, e°o from the League of &6ta Cities Insurance Trust (LMCIT). Check one: . The city DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. ❑ The city WAIVES the monetary limits on tort liability established by Minnesota Statutes 466.04, to the extent of the limits of the liability coverage obtained from LMCIT. Date of city council meeting 'zll lh�7f Signature Position etu� n tris completed form to LMCIT, 145 University A ve. W., St. Paul, MN, 55103-2044 1 1 ILMCIT (I 1 /00)(Rev.11 /07) Page 1 of I Council Agenda: 2/11/08 5B. Consideration of avvrovin2 temvorary liquor license for Monticello Lions Club for Riverfest Celebration. (JO) A. REFERENCE AND BACKGROUND: The Monticello Lions Club is requesting a temporary liquor license covering activities at the Riverfest Celebration on July 12t-Julyl3th. B. ALTERNATIVE ACTIONS: 1. Approve a temporary liquor license for the Monticello Lions Club for the Riverfest Celebration on July 12-13, 2007. 2. Do not approve license. C. STAFF RECOMMENDATION: It is recommended the City Council approve the temporary license for the Monticello Lions Club. D. SUPPORTING DATA: None. 5C. Consideration of amendinLy the Union contract to establish a Foreman position., (JO/KB) A. REFERENCE AND BACKGROUND: This item was brought to the City Council at the January 28, 2008 meeting and was tabled to provide staff the time to reword item four (4.) on the Memorandum of Understanding regarding compensation for weekend on-call duty. The wording on the MOU has been changed slightly to ensure a clearer understanding that the City will compensate the employee on-call for three and one half hours for a two day weekend or for five and one quarter hours for a three day weekend at straight time. Joel Jamnik, our Attorney, and Kent Korman, the Union's Area Business Representative, have both reviewed and agreed to the changes made. To reiterate, the request for a Foreman position was approved by the Council in November 2007. The language for amending the Union contract was reviewed by the Personnel Committee with Council approval required to officially amend the Union contract. Once approved, the Memorandum of Understanding will be signed by the City Administrator and forwarded to Kent Korman for his signature. A.1 Budget Impact: This action clarifies the amount to be paid to the employee scheduled to be on call. The impact will be for the hours noted above. A.2 Staff Workload: The Foreman position will provide some supervision in the field and will act as a Supervisor when the Superintendent is on vacation or otherwise unavailable. The workload will continue to be directed by the Superintendent. This is a working Foreman position allowing the Superintendent to perform the various administrative duties needed and to take time off occasionally. B. ALTERNATIVE ACTIONS: 1. The Council can approve the Memorandum of Understanding, with the requested changes, which will amend the Union contract to include the Foreman position. 2. The Council can not approve the Memorandum of Understanding amending the Union contract. C. STAFF RECOMMENDATIONS: The wording change has been reviewed by Kent Korman, Union Area Business Representative, Joel Jamnik, City Attorney, and Jeff O'Neill, City Administrator. It is their recommendation to approve the Memorandum of Understanding, with the requested changes. D. SUPPORTING DATA: The previous Memorandum of Understanding. The reworded Memorandum of Understanding. MONTICELLO T CITY OF MONTICELL AND I.U.O.E., LOCAL 49 MAINTENANCE FOREMAN Tho nl irnnca of this AApmnrnnril 1m of I Ir%rlarc+nni ;nr4 in +n h. -,+h 1 nk^r.%r%A hAnr.ni•.r\r —4- *.— ..I --I: __ . . Av r. r. v1 a uv ArAVA A Avl "I 1%AA..A1I 1 v1 v1 IU'Vol JLCMU111IJ 10 lV C 0010L UV U 1 L.QLIVI GI lu MGI layGl l ICI it III uGC 111 IV with the addition of the Maintenance Foreman Position to Article 11 - Recognition in the current collective bargaining agreement. WHEREAS, the City of Monticello (hereinafter "Employer") and the International Union of Operating Engineers, Local No. 49, (hereinafter "Union") are parties to a collective bargaining agreement that is currently in force; and WHEREAS, the Parties desire to reach an agreement and understanding of the addition of a Maintenance Foreman Position to the collective bargaining agreement; NOW, THEREFORE BE IT RESOLVED, that the parties agree as follows'for'the period ending March 31, 2009, which coincides with the expiration of the current collective bargaining agreement: 1 j The established rate of payfor the Maintenance Foreman Position will be added to Appendix #1 (See attached pay range). 2) The title of Maintenance Foreman shall be included in Article Il - Recognition. 3) The Maintenance Foreman Position shall be covered by all terms and conditions of the collective bargaining agreement currently in effect between the parties on a trial basis until April 1, 2009. 4) The Maintenance Foreman shall be subject to Article X - Overtime, Section 10.8 when the Maintenance Foreman is assigned to a weekend schedule to carrya City provided communication device while on and off duty he/she will be compensated an additional three and a half (3'/2) hours straight -time pay for a two day weekend and five and one quarter (81/4) hours straight -time pay for a three day weekend above the base compensation for the weekend period. 5) The Maintenance Foreman will follow Article X - Overtime, Section 10.02 and will assign overtime accordingly. THE PARTIES have caused this Letter of Agreement to be executed by their duly authorized representatives whose signatures appear below. Jeff O'Neill, City Administrator Date F:WDWNIW prdP— _MONUAEMO OF UNDERSTANDING - FOREMAN POSITION - STREET DEPT - 1006,wpd I.U.O.E., LOCAL 49 Kent A. Korman, Area Business Rep. /y 2,c -l— 09 Date I st H e 611 0 MONTICELLO CITY OF MONTICELLO AND IX.O.E., LOCAL 49 MEMORANDUM OF UNDERSTANDING MAINTENANCE FOREMAN The purpose of this Memorandum of Understanding is to assist both Labor and Management in dealing with the addition of the Maintenance Foreman Position to Article H -- Recognition in the current collective bargaining agreement. NV`HEREAS, the City of Monticello (hereinafter "Employer") and the International Union of Operating Engineers, Local No. 49, (hereinafter "Union") are parties to a collective bargaining agreement that is currently in force; and WHEREAS, the Parties desire to reach an agreement and understanding of the addition of a Maintenance Foreman Position to the collective bargaining agreement; NOW, THEREFORE BE IT RESOLVED, that the parties agree as follows for the period ending March 31, 2009, which coincides with the expiration of the current collective bargaining agreement: 1) The established rate of pay for the Maintenance Foreman Position will be added to Appendix #1 (See attached pay range). 2) The title of Maintenance Foreman shall be included in Article II — Recognition. 3) The Maintenance Foreman Position shall be covered by all terms and conditions of the collective bargaining agreement currently in effect between the parties on a trial basis until April 1, 2009, 4) The Maintenance Foreman shall be subject to Article X — Overtime, Section 10.8 when the Maintenance Foreman is assigned to a weekend schedule to carry a City provided communication device while on and off duty he/she will be compensated an additional three and a half (3 %a) hours straight -time pay for a two day weekend and five and one quarter (5 1/4) hours straight -time pay for a three day weekend. 5) The Maintenance Foreman will follow Article X — Overtime, Section 10.02 and will assign overtime accordingly. THE PARTIES have caused this Letter of Agreement to be executed by their duly authorized representatives whose signatures appear below. CITY OF MONTICELLO Jeff O'Neill, City Administrator Date IX.O.E., LOCAL 49 Kent A. Korman, Area Business Rep. Date Monticello City Hall. 505 walnut Street. Suite 1, Monticello, NIN 55362-8831 • (763) 295-2711 * Fax: (763) 295-4404 Office of Public: works, 909 Gulf Course Rd., Monticello, MN 55362 • (763) 295-3170 *lax: (753)'71-3272 j�j � V 1 t)E�) M:E-mo Council Agenda: 2/11/08 5D. Consideration of approving credit card application for Target and Office Max.. (TK) A. REFERENCE AND BACKGROUND: In 2005 the City Council approved a policy covering credit card use. This policy requires Council approval of each vendor the City establishes a charge account with. Staff is requesting approval of credit application with Target and Office Max. A.1 Budget Impact — None B. ALTERNATIVE ACTIONS: 1. Approve the credit applications with Target and Office Max. 2. Do not approve the credit applications with Target and Office Max. C. STAFF RECOMMENDATION: It is the recommendation of the Finance Director to approve the credit applications with Target and Office Max in accordance with state statutes and city policy requiring Council approval of credit applications. D. SUPPORTING DATA: None. Council Agenda - 02/11/2008 5E. Consideration of renewal of contract with Carefree Lawn Service. (J.S.) A. BACKGROUND INFORMATION: Carefree Lawn Service has been providing supplemental mowing services for the City of Monticello since 1995. Our first contracts with Carefree were for mowing the Library, Hi -Way Liquor and the Fire Hall, and also included nuisance mowings for miscellaneous private property around the community that were not keeping up with their mowing required by City Ordinance. In 1997 Riverside Cemetery was added when the City took over the cemetery from the Masonic Lodge. Our latest contract with Carefree originated in March of 2005 and was for a period of two years with a one year extension. The extension was granted in March of 2007 and the contract runs out on February 28, 2008. Contract prices over the past 13 years have increased little with a 3% increase in 2005. For 2008, however, Mr. King, the owner of Carefree Lawn Service is proposing to increase rates for mowing at the Library, Fire Hall and mowing and cleanup services at Riverside Cemetery. Rates have increased due to fuel prices and additional work needed in some areas such as the newly expanded parking lot and landscaped areas at the library, and the fence installation on the east side, south side, and the relocation of the fence on west side of Riverside Cemetery. The increase in cost for the library mowings are 24.84% and the increase at the fire hall is 6.8%. The average increase per year for the Riverside Cemetery is 10% over the same work in previous years. You may also note that the contract includes the mowing of the WWTP. This is merely a formality to firm up the price, this is a pass-thru cost to PSG at the WWTP. a. Budget Impact: The budget impacts are minimal for the library and fire hall. Based on 10 mowings, the increased cost to the library is minimal at $89.50/year. The increase to the fire hall is also minimal at 6.8%, $2.10/mowing with 10 mowings would be $21.00. The increased cost to the Riverside Cemetery is more significant, and based upon 10 mowings/year would be $792.50. The Parks Commission will be meeting to discuss a possible increase in cemetery lot rates to cover some of our increase in costs at Riverside Cemetery. b. Staff Workload Impact: The staff workload impact may be affected only in Riverside Cemetery as we look for ways to make improvements to make mowing and trimming easier in the cemetery to try to reduce some of our recent increase in mowing costs. B. ALTERNATIVE ACTIONS: 1. The first alternative would be to authorize a new two-year contract with Carefree Lawn Service based upon the costs discussed above and included on the enclosed letter, and to also include a one-year extension based upon approval of the City and Contractor at the end of the two-year period, under the premise that all three years would be at the fixed prices with no further increases. Council Meeting - 02111/2008 2. The second alternative would be not to contract with Carefree Lawn Service at this time but to go out for bids for the mowing services. C. STAFF RECOMMENDATION: It is the recommendation of the Public Works Director and Park Superintendent that the City Council approves the contract for two years with a one-year extension with Carefree Lawn Service as outlined in Alternative A. Carefree has done a good job of mowing for us over the years and has kept the cost extremely low and very competitive. At this time we don't think the prices could be beat by another contractor, especially knowing the volume of the work and the time and effort it takes to perform some of this mowing. D. SUPPORTING DATA: Copy of letter from James King of Carefree Lawn Service; Copy of spreadsheet showing costs increase to various areas; Copy of new proposed contract; Copy of Original Specifications dated March 13, 1997. CAREFREE LA VKV SER YZICE, = OF H(0),V.Ff CH LL (9 YMCE, M UOR'y AM PRUIP(DOEID MCE.733, 20M Tr A-,�,anrhi ti ASF W, . M I - MW Liquor Store Additional shrubs on side street Nuisance mowing K. MWITI $100 $2600 Sion $540.75 $103.00 $2698.00 S100.00 I $852.00/per month $30.90 $36.05 $61.80 per hour for brush hogging A E-, F Art'111 MONTICELLO CITY OF MONTICELLO CONTRACT FOR MOWING AND LANDSCAPE MAINTENANCE P nilp%l f. i THIS AGREEMENT, made and entered into as of this 1St day of March , 2008, by and between the City of Monticello, Minnesota, a municipal corporation under the laws of the state of Minnesota, hereinafter called the "Owner," and Carefree Lawn Service, P.O. Box 1038, Monticello, Minnesota 55362, hereinafter called the "Contractor," WITNESSETH: That in consideration of their mutual covenants and agreements as hereinafter set forth, the owner for itself and the contractor for itself, its successors and assigns, covenants and agrees as follows, to wit: 1. The contractor agrees to furnish all the necessary materials, labor, use of tools, equipment, and every other thing necessary to perform the work designated and referred to in this contract, including all contractor's superintendence and to furnish everything necessary for the completion of the improvement which is the subj ect of this agreement (except such things as the owner has specifically agreed to provide according to the contract documents), and agrees to perform and complete the work shown in the plans and drawings entitled Specifications for Mowing and Landscape Maintenance, prepared by the City of Monticello, Minnesota, and dated March 13, 1997, and to conform in all respects with the provisions and requirements of the specifications, and the contractor's "Letter of prices dated February 6, 2008 in effect until February 28, 2010" (Attachment A). 2. The contractor agrees that performance shall be in accordance with the terms, requirements, and conditions of this instrument, and laws of the state of Minnesota, and the following documents: F:\ADMIN\WordProc\JOHN\AGREEMTS\CAREFREE-LAWN-AGREEMENT-2008 to2010.wpd —PAGE 1 OF 2— Proposal in Letter Formby the contractor presented to the Council of the owner on February 11, 2008, and accepted by the owner on February 11, 2008. Each and all of the aforementioned contract documents are hereby incorporated into this agreement by specific reference, and the terms and provisions thereof are and constitute a part of this agreement as though attached hereto or fully set forth herein. 3. The owner agrees to pay the contractor for the performance of this agreement, and the contractor agrees to accept in full compensation therefor the sums set forth within the aforementioned proposal of the contractor for each unit and each type of unit of work to be performed. It is understood and agreed that the said proposal is for mowing and landscape maintenance on a unit price basis in accordance with said proposal (Attachment A). It is further understood that this contract is not to be considered all inclusive. The City reserves the right to supplement mowing, trimming, or litter pickup operations with its own forces at any time. Unless canceled according to the specifications, this contract will remain in effect for a period of two years, until February 28, 2010. The contract maybe extended for a period of one additional year upon agreement of this option by both parties no later than thirty days prior to the end of the current contract period, February 28, 2010. IN WITNES S WHEREOF, the parties hereto have hereunto set their hands and seals as of the day and year first above written. CAREFREE LAWN SERVICE P.O. Box 1038 Monticello, MN 55362 am (Owner) DATE: CITY OF MONTICELLO 505 Walnut Street, Suite #1 Monticello, MN 55362 LM DATE: (Public Works Director) F:\ADMIN\WordProcUGHN\NGREEMTS\CAREFREE-LAWN-AGREEMENT-200Bto2010.wpd - PAGE 2 OF 2 - = (917)YUNTY C, ELI, Z, (0 ISCHEDULE OF MCES M 17==F[--Z-CT FOR THE 2008 & 2009 LAWN SEASONS: 'r IdoWn-"ODa Riverside Cemetery Flower Yemoved FdI clemup %-fJT',T,r A &7 �-,, UbrM Nuisance mowing james.King/Carefree La I- 2008 & 2009 SEASON MONTICELLO SPEUF�CATDNS F0 R, 1997 KA0WWG AND LAND S ----)CAPE FAAWTENANCE FOR THE CITY OF MONT.�CELLO VAONTllCELLO, WHNI"F-SOTA MARCH 13, 1997 C:\OFFIC=-\JOHNkSPECS\MOWLAND-SPE: 3114/97 Prepared by John E. Simola Public Works Director PROPOSALFORM FOR 1997 MOWING AND LANDSCAPE MAINTENANCE CITY OF MONTICELLO, MINNESOTA TO THE CITY OF MONTICELLO MONTICELLO, MINNESOTA: 1. The following proposal is made for mowing and landscape maintenance. 2. The undersigned certifies that the project specifications have been carefully examined and that the work sites have been personally inspected. The undersigned declares that the amount and nature of the work to be done is understood, and at no time will misunderstanding of the specifications be pleaded. On the basis of the specifications, the undersigned proposes to furnish all necessary apparatus and labor to do all the work and furnish all the materials in the manner specified to maintain the sites within the time hereinafter specified, and to accept as full compensation therefor the sums stated below. 3. Base Proposal I. Site A: Monticello Library 1. Mowing, weeding, and trimming of weeds and grass to include litter and debris pickup and disposal for a per -time lump sum cost of $ 3 0p0 2. Litter and debris pickup and disposal separate from mowing operations for a per -time lump sum cost of $ 3. Hedge, bush, and vine trimming, cost per hour: $ Q 4. Fall complete cleanup of site to include disposal of all materials for a per -time lump sum cost of $ t..15`' ll. Site B: Hi -Way Liquors 1. Mowing, weeding, and trimming of weeds and grass to include litter and debris pickup and disposal for a per -time lump sum cost of $ ri� ,_ 2. Litter and debris pickup and disposal separate from mowing operations for a per -time lump sum cost of $ I (-�G= 3. Hedge, bush, and vine trimming, cost per hour: $ C:IOFFICEIJOHIJISPECSIMOWLAIgD.SPE: 3/14/97 . 3 . 6. In submitting this proposal, it is understood that the right is reserved by the Owner to reject any or all proposals and to waive informalities. 7. This proposal may not be withdrawn after the opening of the proposals and shall be subject to acceptance by the Owner for a period of thirty (30) calendar days from the opening thereof. 8. If a corporation, what is the state of incorporation: 9. If a partnership, state full names of all co-partners: OFFICIAL ADDRESS: FIRM NAME: P By Title Q�) «� Z By Title Date �-(-`- \---v.\,v.1 ;v C F- \r t (- C:10FFICE1JOHfV1SPECSIMOW LAND. SPE. 3/14/97 -S- SECTION I SPECIAL PROVISIONS INDEX 1.01 Descriptions 1.02 Designation of Parties 1.03 Insurance 1.04 Compliance with Laws and Regulations 1.05 Responsibility for Condition of Sites 1.06 Examination of Site of Work 1.07 Safety 1.08 Clean Up 1.09 Protection 1.10 Evaluation of Proposals 1.11 Approval and Final Acceptance 1.12 Method of Payment 1.13 Term of Contract C:\OFFICEiJOHMSPECS\MOWLAND.SPE: 3/14/97 .7. d) Automobile Insurance - The contractor shall carry automobile insurance on all automotive equipment owned, rented, or borrowed in the minimum amounts of $500,000 for injuries including accidental death to any one person and $1,000,000 for injuries including death resulting from any one accident. This policy must also provide $1,000,000 property damage coverage. e) Contractual Liability Insurance - The contractor agrees to hold harmless and indemnify the owner, the engineer, and their agents from every claim, action, cause of action, liability, damage expense, or payment incurred by reasons of any bodily injury including death, or property damage resulting from the contractor's operations on this project. f) Owner's Protective Liabilitv and Propertv Damage Insurance - The contractor shall provide owner's protective liability and property damage insurance in the name of the owner, insuring against bodily injury and property damage liability, in the limits set forth above for which they may become legally obligated to pay as damages sustained by any persons caused by accident and arising out of operations performed for the name insured by independent contractors and general supervision thereof. g) Insurance certificates evidencing that all the above information is in force with companies acceptable to the owner and in the amounts required shall be submitted to the owner for examination and approved concurrently with the execution of the contract. In addition to the normal information provided on the insurance certificates, they shall specifically provide that: 1. A certificate will not be modified except upon ten days' prior written notice to Y the owner. 1.04 COMPLIANCE WITH LAWS AND REGULATIONS a) The bidder is assumed to have made himself familiar with all codes, state laws, ordinances, and regulations which in any manner affect those engaged or employed in the work, or the materials or equipment used in or upon the sites, or in any way affect the conduct of the work, and no plea of misunderstanding will be considered on account of the ignorance thereof. The provisions of such codes, laws, or ordinances are deemed to be a part of these specifications, and the contractor will be bound by the provisions thereof. b) The contractor shall and also by a surety agree to indemnify and save harmless the owner and all of its officers, agents, and servants against any claims or liability arising from or based on the violation of any such law, ordinance, regulation, or decrees, whether by himself or his employees. C:IOFFICEIJOHNISPECSIMOWLAND.SPE: 3/14/97 .9- 1.10 EVALUATION OF PROPOSALS a) In evaluating the best proposal for the City, the following items will be considered: 1. Price quoted in the proposal. 2. Qualifications of the contractor. Evidence shall be furnished to the City that the contractor has the necessary experience, facilities, ability, and financial resources to perform the work in accordance with the specifications. 1.11 APPROVAL AND FINAL ACCEPTANCE a) Upon the completion of the work herein specified, by the 30th of each month the contractor shall bill the City for the work completed that month. b) Before final payment is made for the work on this project, the contractor must make a satisfactory showing that he has complied with the provisions of Minnesota Statutes Annotated 290.92 requiring the withholding of state income tax for wages paid employees on this project. Receipt by the clerk of the owner of a Certificate of Compliance from the Commissioner of Taxation will satisfy this requirement. 1.12 METHOD OF PAYMENT a) Full payment will be made within 30 days upon receipt of billing and acceptance of work. Additional services work shall be by purchase order only. Billing shall include purchase order number, site description, equipment used, and date and time in and out at site. 1.13 TERM OF CONTRACT a) The contract will remain in force from date of award until October 30, 1997. The City reserves the right to cancel the contract with five (5) days written notice for failure of the contractor to perform in accordance with the specifications. C:IOFFICE\JOHN\SPECSIMOWLAND.SPE: 3/14/97 . 11 - SECTION 11 1997 MOWING AND LANDSCAPE MAINTENANCE 2.01 GENERAL a) Site Locations: Four primary or basic sites are to be considered for this contract: A. The Monticello Library B. The Monticello Fire Hall C. The City's municipal liquor store, also known as Hi -Way Liquor D. Riverside Cemetery (located on West River Street) The first three of the sites are irrigated with pop-up sprinklers. All routine sprinkler maintenance is now and will continue to be performed by the City of Monticello. Should the contractor damage the sprinkler system, the City will repair it and bill the contractor. The Monticello Library site is bounded on the north by 4th Street, the west by Walnut Street, the south by the Burlington Northern railway, and the east by First National Bank. The Hi -Way Liquor store consists of an entire block area bounded on the east by Highway 25, the west by Walnut Street, the north by 5th Street, and the south by 6th Street. The Monticello Fire Hall is bounded on the east by Locust Street, the north by 5th Street, the south by 6th Street, and the west by a commercial auto restoration business. The Riverside Cemetery is bordered on the south by West River Street, the north by the Mississippi River, west by West Side Mobile Home Park, and the east by private residents. The mowing of the densely wooded sloped river bank is not required. The cemetery does have several watering faucets for flower watering and, of course, many above ground structures, flower baskets, trees, etc. Any damage to these by the contractor will be billed back. 2.02 SCOPE a) Work includes mowing and trimming of all grass and weeds at the site to generally keep the length from 2-4 inches. An exception may be the cemetery, as current mowing practices let the grass reach 5 or 6 inches, however, it is required that the cemetery be mowed and trimmed just prior to Memorial Day. Mowing at other sites may include mowing more than once a week during the heavy growing seasons to as little as once or twice a month in the slower growing or drier seasons. The mowing and trimming shall include weed removal from all landscaped areas and in and along sidewalks and the parking lots. Failure to provide weeding during mowing at the basic sites will be considered a breach of contract. This contract C:10FFICBJOHNISPECSIMOWLAND.SPE: 3/14/97 _ 13 5F. Approve Final Pavment and Accent Improvements for Public Improvement No. 2006-01C, 2006 Street Reconstruction Program (City of Monticello Proiect No. 2006-01C) (WSB) A. REFERENCE AND BACKGROUND: The 2006 Street Reconstruction Project included the second reconstruction project within Area 3 of the City's long-range Overall Street Reconstruction Program. The project area included Otter Creek Road, West River Street from Otter Creek Road to the western limits of the Ritze property, Sandy Lane east of Otter Creek Road, Riverside Circle, and Oakview Circle. The project also included the construction of additional on -street parking facilities along Mississippi Dive and mill and overlay work to repair patches caused by CenterPoint Energy system upgrades. Construction commenced in 2006 with street and utilities. The final lift of pavement was placed in 2007. The Council is being requested to accept the project as complete and approve final payment to Knife River in the amount of $84,913.46. The following paperwork is still required for final payment to be released: 1. Satisfactory showing that the contractor has complied with the provisions of Minnesota Statutes 290.92 requiring withholding state income tax. 2. Evidence in the form of an affidavit that all claims against the contractor by reasons of the contract have been fully paid or satisfactorily secured. 3. Consent of Surety to Final Payment certification from the contractor's surety. 4. Two-year maintenance bond. It should be noted that the maintenance bond will start and extend two years from the date of final acceptance of the project by the City Council. The final payment request represents the final quantities completed on the contract and the release of the retainage on the contract. All punchlist items assembled for this project have been completed, and WSB & Associates, Inc. is indicating the project is complete and ready for final payment in accordance with the contract and City of Monticello Engineering and Construction Standards. The project was funded by City funds and special assessments to the adjacent benefiting properties. Adoption of the assessment roll was completed in October 2006. B. ALTERNATIVE ACTIONS: 1. Accept the improvements and approve the final payment of $84,913.46 to Knife River contingent upon receipt of the final paperwork. 2. Do not accept the improvements and approve final payment. C: (Documents and SettingsWavm.grossingerUcal SettingsVTemporary Internet FilesIOLIB3I4GNITM-2006StReconRd 1pproveFinalPayment-021108.doc C. STAFF RECOMMENDATION: Staff recommends selecting Alternative No. 1. D. SUPPORTING DATA: Copy of Construction Pay Voucher No. 7 (Final) Letter from WSB & Associates, Inc. C (Documents and Settingsdam.grossingerlocal SettingsMemporary Internet Filesl0LKB31AGNITM-2006StReconRdApproveFinalPayment-021108.doc 01494-16 - Pay Voucher 7 Owner: City of Monticello 505 Walnut St Monticello, MN 55362-1147 W.SB For Period: 10123/2007 to 12/11/2007 Contractor: Buffalo Bituminous, Inc. 2852 County Road 12 North Buffalo, MN 55313 Pay Voucher 2006 Street Reconstruction Program Client Contract No.: n__•__i��_ U0 14 wn rrojec� No.: v 149114- i 06 Client Project No.: 2006 -OIC Proect Summary 1 Original Contract Amount 2 Contract Changes -Addition 3 Contract Changes - Deduction 1 4 1 Revised Contract Amount 1 5 1Value Completed to Date 1 6 1Material on Hand 1 7 Amount Earned 1 8 Less Retainage 9 Subtotal 10 Less Amo01nt Paid Previously 11 Liquidated Damages 12 (AMOUNT DUE THIS PAY VOUCHER NO. 7 & FINAL Tuesday, December 11, 2007 Date: 12/11/2007 Request No.: 7 & FINAL $3,164.00) ($107,324.10)1 1 $1,871,362.50 $1,767,202.40 $1,698,269.11 $0.00 $1,698,269.11 $0.00 $1,698,269.11 $1,613,355.65 $0.00 $84,913.46 I HEREBY CERTIFY THAT A FINAL EXAMINATION HAS BEEN MADE OF THE ABOVE NOTED CONTRACT, THAT THE CONTRACT HAS BEEN COMPLETED, THAT THE ENTIRE AMOUNT OF WORK SHOWN IN THE FINAL VOUCHER HAS BEEN PERFORMED AND THE TOTAL VALUE OF THE WORK PERFORMED IN ACCORDANCE WITH, AND PURSUANT TO, THE TERMS OF THE CONTRACT IS AS SHOWN 1N THIS FINAL VOUCHER. r Recommended for Approval by: WSr & Associates Inc, p ov y ontr3ctor- o Bitu no► s, nc. P 45 Specified Contract Completion Date: 6130/2007 /I. L. ,,,orn nent: Construction Observer: Approved by Owner: City of Monticello Date: °2 r (o --,Zoo 9 1 of 6 01494-16 r Pay Voucher 7 Project Material Status Tuesday, December 11, 2007 Item I Itemf Description Units f Unit Price Contract Quantity to Current Amount to No, i I I I I Quantity Date Quantity I Date 1 Schedule A - Surface Improvements 11 2021.501 MOBILIZATION LUMP SUM $115,000.00 1 I 1 0 $115,000.00 12 2101.502 CLEARING TREE $200.00 12 26 0 $5,200.00 13 2101.507 GRUBBING TREE $200.00 121 26 0 $5,200.00 14 12101,6051 CLEARING AND GRUBBING JACRE $20,000.00 0.31 I 0.31 0 $6,200.00 15 12102.501 I PAVEMENT MARKING REMOVAL I SQ FT 1 $0.801 1801 169.3 01 $135.44 16 112104.501 REMOVE PIPE CULVERTS I LIN FT 1 $5.001 2021 405 01 $2,025.00 7 12104.501 REMOVE SEWER PIPE (STORM) I LIN FT 1 $10.001 501 541 01 $540.00 8 2104.501 REMOVE CONCRETE CURB ILIN FT 1 $3.851 6001] 650.51 01 $2,504.43 9 12104.505 REMOVE CONCRETE DRIVEWAY PAVEMENT 1 SQ YD 1 $7.651 5901 794.41 0 $6,077.16 12104.505 REMOVE BITUMINOUS DRIVEWAY PAVEMENT I SQ YD 1 $5.851 11151 1328.91 0 $7,774.07 i10 ll 12104.5091 REMOVE PIPE APRON 1 EACH 1 $250.001 21 21 0 $500.00 112 2104.5091 REMOVE VALVE BOX 1 EACH 1 $100.001 11 11 0 $100.00 113 2104.511 SAWING CONCRETE PAVEMENT (FULL DEPTH) LIN FT 1 $4.251 5001 2361 0 $1,003.00 14 2104.513 SAWING BITUMINOUS PAVEMENT (FULL DEPTH) LIN FT 1 $2.251 15001 387.51 0 $871.88 15 2104.602 SALVAGE AND REINSTALL CONCRETE APRON EACH 1 $600.001 21 01 01 $0.00 16 2104.602 RELOCATE PEDESTRIAN PUSH BUTTON SIGNAL EACH 1 $1,400.001 21 21 01 $2,800.00 17 12105.501 COMMON EXCAVATION (P) CU YD 1 $7.251 204901 50521 01 $36,627.00 118 12105.522 SELECT GRANULAR BORROW (CV) (P) CU YD 1 $13.651 81231 35541 O I $48,512.10 19 12105.601 DEWATERING LUMP SUM 1 $5,000.001 11 1 Ij 0 $5,000.00 20 12112.501 SUBGRADE PREPARATION IROAD STA 1 $200.001 58.41 58.41 0 $11,680.00 21 WATER 1M GALLONS $30.001 201 436.21 01 $13,086.00 22 12130.501 2211.501 1AGGREGATE BASE CLASS 5 MOD 1TON $0.011 2000 25.21 01 $0.25 123 2331.6041 BITUMINOUS PAVEMENT RECLAMATION SQ YD 1 $4.701 190901 15000 01 $70,500.00 124 12350.501 (TYPE MV 4 WEARING COURSE MIXTURE (A) TON 1 $56.001 18701 1497.21 0 $83,843.20 125 12350.5021 TYPE MV 3 NON WEARING COURSE MIXTURE (B) TON 1 $47.501 24921 2012.71 0 $95,603.25 26 2350.5031 TYPE LV WEARING COURSE MIXTURE FOR DRIVEWAYS SQ YD 1 $16.501 11151 1030.3 0 $16,999.95 27 2350.6091TYPE LV4 BITUMINOUS MIXTURE FOR PATHS TON 1 $150.001 21 6.5 0 $975.00 I 28 2357.502 BITUMINOUS MATERIAL FOR TACK COAT I GALLON $1.50 1133 250 0 $375.00 129 12402.5831 ORNAMENTAL METAL RAILING LIN FT 1 $160.001 282 296.5 0 $47,440.00 130 2411.507 CONCRETE FLUME 1EACH $750.001 21 2 0 $1,500.00 131 12411.602 CAST IN PLACE CONCRETE CULVERT COLLAR 1 EACH ' $3,000.00 21 21 01 $6,000.00 132 12411.604 CONC BLOCK RETAINING WALL ISQ YD 1 $255.001 3301 326.11 01 $83,155.50 133 12504.602 RELOCATE HYDRANT AND VALVE IEACH 1 $800.001 21 21 OI $1,600.00 134 12504.602 VALVE BOX IEACH 1 $350.001 11 3 0 $1,050.00 135 2504.602 ADJUST VALVE BOX 1 EACH 1 $250.001 101 161 01 $4,000.00 '2506.522 ADJUST FRAME & RING CASTING 1 EACH 1 $600.00 281 221 01 $13,200.00 136 37 12506.602 RECONSTRUCT MANHOLES EACH I $1,000.001 51 5.611 01 $5,610.00 38 RANDOM RIPRAP CLASS III CU YD $95.001 451 451 01 $4,275.00 39 12511.501 2511.515 GEOTEXTILE FILTER TYPE IV SQ YD 1 $3.00 105 105 01 $315.00 40 4" CONCRETE WALK SQ FT I $3.35 172401 17431.13 0 $58,394.29 41 12521.501 2521.501 6" CONCRETE WALK SQ FT 1 $3.85 9531 575.8 01 $2,216.83 42 12521.6021TRUNCATED DOME PEDESTRIAN RAMP EACH I $300.00 151 13 01 $3,900.00 A7 TV ncn i Cn4Ir�^kit-m CTC r+f i n o D !^_1 rr a IICcit--pt OG -1R 4.J I.JV 11VVlV VI\LIL VVI %U VI VVI 11.1\ V1...VIGN - IV 11A1 CT + L11V I I l Q4G AGl W Iv.- AGA 'iVVI '7G9 C IVV.v nI V1 QA7 ACA no w-'-.- 44 2531.501 1 CONCRETE CURB & GUTTER, DESIGN MODIFIED D LIN FT 1 $10.00 76691 7764 01 $77,640.00 45 2531.50716" CONCRETE DRIVEWAY PAVEMENT SQ YD $32.001 5901 626.4 01 $20,044.80 46 12540.6021 INSTALL MAIL BOX SUPPORT (CLUSTER) EACH 1 $375.00 121 13 01 $4,875.00 47 2540.6021 MAIL BOX EACH 1 $16.001 51 41 0 ' $656.00 148 2540.6021 SALVAGE AND REINSTALL MAIL BOX EACH 1 $50.001 201 301 01 $1,500.00 2557.5011 WIRE FENCE DESIGN SPECIAL LIN FT 1 $12.00 1781 1841 0 $2,208.00 149 50 12563.6011 TRAFFIC CONTROL LUMP SUM 1 $5,000.001 11 11 01 $5,000.00 2 of 6 01494-16 - Pay Voucher 7 Tuesday, December 11, 2007 j Item Item DescriptionI Units Unit Price Contract Quantity to Current Amount to No Quantity Date Quantity Date 151 256*4.531 SIGN PANELS TYPE C JSQ FT $35.00 67.5 63.2 0 $2,212.00 152 2564.602 RELOCATE SIGN (EACH $150.00 81 71 0' $1,050.00 53 12564.618IJZEBRA CROSSWALK -WHITE POLY PREFORM 1SQ FT 1 $6.001 1801 1801 0 $1,080.00 54 12565.603INSTALL 4" NON-METALLIC CONDUIT 1LIN FT $9.501 5401 330 01 $3,135.00 55 12571.5021 DECIDUOUS TREE 2" CAL B&B TREE $505.00 61 31 I 56 12573.5021 SILT FENCE, TYPE HEAVY DUTY 'LIN FT $3.30 5001 362.50 $1,196.25 157 12573.5021 SILT FENCE, TYPE SELF-SUPPORTING TREE PROTECTION 1 LIN FT 1 $3.25 2501 01 0 $0.00 158 12573.505 FLOTATION SILT CURTAIN TYPE MOVING WATER 1LIN FT 1 $23,501 1001 2001 0 $4,700.00 159 12573.53011 INLET PROTECTION TYPE A EACH 1 $350.00 61 7 0 $2,450.00 160 12573,5301 INLET PROTECTION TYPE C LEACH $90.00 311 31 01 $2,790.00 161 12573.6031 BIOROLL 1 LIN FT $2.75 2301 1801 01 $495.00 162 12575.5051 SODDING, TYPE LAWN (INCL. TOPSOIL & FERT.) 1SQ YD $2.75+ 123501 127711 01 $35,120.25 163 12575.5111 MULCH MATERIAL TYPE 1 1TON 1 $125.001 51 01 01 $0.00 164 12575.5231 EROSION CONTROL BLANKETS CATEGORY 3 1SQ YD I $1.251 7751 7071 01 $883.75 165 12575.6041 SEEDING 1SQYD 1 $0.501 7751 01 01 $0.00 Totals For Section Schedule A -Surface Improvements:) $953,205.38 Schedule B =Sanitary Sewer Improvements 166 2104.501 REMOVE SEWER PIPE (SANITARY) LIN FT $5.00 239 109 0 $545.00 167 2104.501 REMOVE SANITARY SERVICE PIPE ( LIN FT $5.00 901 0 0 $0.00 168 2503.541 15" RC PIPE SEWER DESIGN 3006 CLASS V 1LIN FT $145.00 721 0 0 $0.00 169 12503.6011 SANITARY SEWER BYPASS PUMPING 1 LUMP SUM $17,000.001 11 01 01 $0.00 170 12503.6021 CONNECT TO EXISTING SANITARY SEWER 1 EACH 1 $625.001 101 2 01 $1,250.00 71 12503.602 CONNECT TO EXISTING MANHOLES (SAN) I 1 EACH 1 $2,000.001 21 0 01 $0.00 72 12503.602 RECONNECT SANITARY SEWER SERVICE 1 EACH 1 $625.001 21 15 01 $9,375.00 73 12503,602 8"X4" PVC WYE 1 EACH 1 $100.001 21 2 01 $200.00 74 12503.602 10"X4" PVC WYE 1 EACH 1 $200.001 21 01 0 1 $0.00 75 2503.60318" PVC PIPE SEWER - SDR 26 ( LIN FT 1 $32.001 1391 122.12 01 $3,907.84 176 2503,603110" PVC PIPE SEWER - SDR 35 1 LIN FT 1 $165.00 321 01 01 $0.00 77 2503.603 TELEVISE SANITARY SEWER 1 LIN FT 1 $2.10 1245 0 p $0.00 78 112503.60314" PVC PIPE SEWER - SCHEDULE 40 1 LIN FT 1 $28.001 901 216.21 0 $6,053.60 J Totals For Section Schedule B - Sanitary Sewer Improvements: 1 $21,331.44 Schedule C - Watermain Improvements 79 2104.501 REMOVE WATER MAIN LIN FT $4.00 3471 360 0 $1,440.00 80 2104.501 REMOVE WATER SERVICE PIPE LIN FT $2.00 4301 507 0 $1,014.00 181 2104.523 SALVAGE HYDRANT 1 EACH $400.00 11 1 0 $400.00 82 2504.601 TEMPORARY WATER SERVICE 1 LUMP SUM $3,000.00 11 11 0 $3,000.00 83 2504.602 RECONNECTWATER SERVICE EACH $625.001 121 211 0 $13,125.00 84 TO EXISTING WATER MAIN EACH 1 $625.001 1 1 Ij 01 $625.00 85 2504,602 6021CODNRNAECT 1 EACH $2,300.00 11 11 01 $2,300.00 186 2504.60211" CORPORATION STOP 1 EACH $60.00 91 101 01 $600.00 87 2504.60216" GATE VALVE AND BOX EACH $850,00 1 1 2 01 $1,700.00 88 2504.602 8" GATE VALVE AND BOX 1 EACH 1 $1,200.00 11 1' 01 $1,200.00 89 12504.603 LOWER WATER SERVICE 1 LIN FT $30.00 1201 80 01 $2,400.00 190 12504,60311" TYPE K COPPER PIPE 1LIN FT $25.001 5301 632 01 $15,800.00 191 12504.60316" WATER MAIN -DUCT IRON CL 52 1 LIN FT 1 $40.001 101 81.8 0 $3,272.00 192 12504.603 8" WATER MAIN -DUCT IRON CL 52 1 LIN FT $30.001 3371 340 0I $10.200.00 193 2504.60414" POLYSTYRENE INSULATION 1SQ YD $20.00100 1 I 20 0 $400.00 194 2504.6081 DUCTILE IRON FITTINGS 1POUND 1 $2.001 2251 5601 01 $1,120.00 1 Totals For Section Schedule C - Watermain Improvements:1 $58,596.00 1Schedule D - Storm Sewer Improvements (Without Pipe) 3 of 6 01494-16 - Pay Voucher 7 Tuesday, December 11, 2007 ISchedule F - Storm Sewer Improvements (CP Pipe) 1119 Item Item Description Units Unit Price Contract Quantity to Current $500.00 Amount to 2503.511 15" CP PIPE SEWER (SMOOTH) No. $20.00 1505 1559 Quantity Date Quantity 121 Date 195 2501.521 102" SPAN RC PIPE -ARCH CULVERT CLASS IIA LIN FT $700.00 16 3.96 0 $2,772.00 196 2502.541 6" PERF PE PIPE DRAIN LIN FT 1 $16.001 3201 3201 0 $5,120.00 197 2502.60214" PVC PIPE DRAIN CLEANOUT EACH $100.001 5 01 01 $0.00 198 2503.6011 CONNECT TO INPLACE CULVERT LUMP SUM $5,000.001 2 21 01 $10,000.00 199 2503.60314" PVC PIPE SEWER - SDR 26 1 LIN FT $15.00275 $39,050.00 381 0 $570.00 1100 2506,5011 CONSTRUCT DRAINAGE STRUCTURE DESIGN 48-4020 UN FT $300.00' 96.8 951 0, $28,500.00 1101 12506.5011 CONSTRUCT DRAINAGE STRUCTURE DESIGN 60-4020 LIN FT $300.001 132.61 1301 01 $39,000.00 1102 12506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 72-4020 1 LIN FT $450.00 9 7.91 01 $3,555.00 1103 2506.502 1 CONSTRUCT DRAINAGE STRUCTURE DESIGN H 1 EACH $1,600.00 8 81 01 $12,800.00 1104 2506,5021 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPECIAL 11 EACH 1 $1,650,001 261 271 01 $44,550.00 105 2506.5021 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPECIAL 21 EACH $85,000.001 11 11 0 $85,000.00 1106 12506.502 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPECIAL 31 EACH $85,000.00 11 11 01 $85,000.00 107 CONNECT INTO EXISTING STORM SEWER 1 EACH $1,000.00 11 11 0 $1,000.00 108 12506.602 2506.602 CONNECT INTO EXISTING MANHOLE (EACH $1,000.001 11 1 0� $1,000.001 109 12506.602 CASTING ASSEMBLY (MANHOLE) I EACH 1 $320.001 24 26, 0 $8,320.00 1110 12506.6021 CASTING ASSEMBLY (CATCHBASIN) I EACH 1 $430.0011 341 0 $14,620.00 1111 12506.6021 CONSTRUCT MANHOLE OVER EXISTING STORM PIPE I EACH 1 $7,500.001 1 21 01 $15,000.001 1 Totals For Section Schedule D - Storm Sewer Improvements (Without Pipe): 1 $356,807.00 ISchedule F - Storm Sewer Improvements (CP Pipe) 1119 2501.515'15" CP PIPE APRON EACH $250.00 2 2 0 $500.00 1120 2503.511 15" CP PIPE SEWER (SMOOTH) I LIN FT $20.00 1505 1559 0 $31,180.00 121 2503.511 18" CP PIPE SEWER (SMOOTH) 1 LIN FT $27.00 297 314.5 0 $8,491.50 122 12503.511 21" CP PIPE SEWER (SMOOTH) 1 LIN FT 1 $34.00 3911 393.51 0 $13,379.00 123 12503.511 24" CP PIPE SEWER (SMOOTH) ILIN FT $34.001 1211 1221 01 $4,148.00 124 30" CP PIPE SEWER (SMOOTH) I LIN FT $40.001 10701 10651 01 $42,600.00 125 12503.511 2503.511 36" CP PIPE SEWER (SMOOTH) ILIN FT $50.001 7601 7811 01 $39,050.00 126 2503.511130" RC PIPE SEWER CLASS III I UN FT i $60.001 931 821 0 $4,920,00 127 2503.511136" RC PIPE SEWER CLASS III 1LIN FT $80.001 ill 01 0� $0.00 1128 2503.602130"X4" CP TEE I EACH $250.001 11 11 01 $250.001 Totals For Section Schedule F - Storm Sewer Improvements (CP Pipe):1 $144,518.501 ISchedule G - Surface Improvements (Mississippi Drive Park) 1129 2021.501 MOBILIZATION 1130 2104.501 REMOVE CURB AND GUTTER 1131 2104.505 REMOVE BITUMINOUS PAVEMENT 1132 2104.5091 REMOVE CASTING 1133 2104.513 SAWING BITUMINOUS PAVEMENT (FULL DEPTH) 1134 12104.523 SALVAGE SIGN 113512105.501 2104.523 SALVAGE & REINSTALL SIGN 1136 COMMON EXCAVATION (P) 1137 12105.522 SELECT GRANULAR BORROW (LV) 113812105.604 GEOTEXTILE FABRIC TYPE V 1139 !12211.501 AGGREGATE BASE CLASS 5 MOD 140 12350.501,TYPE LV 3 WEARING COURSE MIXTURE (B) 141 12350.502ITYPE LV 3 NON WEARING COURSE MIXTURE (B) 1142 12357.5021 BITUMINOUS MATERIAL FOR TACK COAT 1143 I25n3 6(12Ir..C)N1 P( -.TTP) CXICTfNr CANITGRY CEI/VFR SKRilIf E 1144 12503.603 4" PVC PIPE SEWER - SDR 26 145 12504.602 CONNECT TO EXISTING WATER SERVICE 146 12504.602 ADJUST CURB STOP 147 12504.60311" TYPE K COPPER PIPE LUMP SUM $5,000.00 1 1 0 $5,000.00 LIN FT $5.00 40 205.5 0 $1,027.50 SQ YD $10.00 20 57.7 0 $577.00 EACH $100.00 2 2 0I $200.00 LIN FT $10.00 5 235.3 0 $2,353.00 I EACH $40.001 21 21 01 $80.00 1 EACH $150.00 21 21 0 $300.00 ICU YD $9.601 10601 10601 0 $10,176.00 YO ' $10.251 640 810 0 $8,302.50 �CU SQ YD I $1.50 680 680 0 $1,020.00 ITON I $13,50 230 230 0 $3,105,00 1 TON Ij $66,00 50 74.24 0 $4,899.84 ITON 1 $60.001 68 59.12, 0 $3,547.20 IGALLON I $2.001 251 751 0 $150.00 I TACH AF25.nn I 'Al 3 n I Al 875.nn FT 1 $30.001 301 30 01 $900.00 1LIN EACH 1 $625.001 3 3 0 $1,875,00 1 EACH 1 $250.001 3 2 0 1 $500.00 1 LIN FT 1 $30.001 30 30 01 $900.001 4of6 01494-16 - Pay 'Voucher 7 Tuesday, December 11, 2007 ,. I Item Item Description+Units Unit Price Contract Quantity to Current Amount to No. I Quantity Date Quantity Date 148 2521.602 1 TRUNCATED DOME PEDESTRIAN RAMP IEACH $500.00 1 0 0 $0.00 149 12521.60412"BITUMINOUS PATH ISQYD $15.001 51 191 0 $85.00 2531,5011CONCRETE CURB & GUTTER DESIGN 8612 ILIN FT ' $18,001 3621 351.5 1 I'150 0! $6,327,00 1151 12531.5011 CONCRETE CURB & GUTTER, DESIGN MODIFIED D ILIN FT 1 $30.001 401 205.5 01 $6,165.00 1152 12563,601 1TRAFFIC CONTROL ILUMP SUM 1$1,000.001 11 0 01 $0.00 1153 12564.5311SIGN PANELS TYPE C ISQ FT 1 $35.001 19.51 19.5 01 $682.50 1154 12564.6021 PAVEMENT MESSAGE (HANDICAPPED SYMBOL) PAINTIEACH 1 $60.001 41 4 01 $240.00 1155 12564.60314" SOLID LINE WHITE -PAINT I LIN FT 1 $0.301 6901 640.51 01 $192.15 1156 12564.6181 ZEBRA CROSSWALK WHITE -PAINT ISQ FT 1 $2.001 901 901 01 $180.00 1157 12571.5411 TRANSPLANT TREE TREE 1 $250.00 21 01 01 $0.00 1158 12573.5021SILT FENCE, TYPE HEAVY DUTY LIN FT 1 $3.50! 501 01 01 $0.00 1159 12575.5051 SODDING, TYPE LAWN (INCL. TOPSOIL & FERT.) SQ YD 1 $2.751 8001 474,61 01 $1,305.15 1 Totals For Section Schedule G - Surface Improvements (Mississippi Drive Park): 1 $62,164.84 Schedule H - Drainage Improvements (Mississippi Drive Park) 160 12502,54116" PERF PVC PIPE DRAIN ILIN FT $16.00 205 I 00.5 0 $3,208.00 1161 2502,602CONNECT TO EXISTING PIPE DRAIN EACH $1,000.00 1 f 1 0 $1,000.00 1162 12502.60216"PVC PIPE DRAIN CLEANOUT I EACH $625.00 11 1 0 $625.00 1163 2503.541 12" RC PIPE SEWER DESIGN 3006 CLASS V I LIN FT 1 $45,001 501 50 0 $2,250.00 1164 2506.502 CONSTRUCT DRAINAGE STRUCTURE DESIGN G 12506.502 I EACH $2,000.001 41 2.42 0 $4,840.00 1165 CONSTRUCT DRAINAGE STRUCTURE DESIGN H 1 EACH $2,000.001 1 1 1 01 $2,000.00 1166 12506.5221ADJUST FRAME & RING CASTING ( STORM) I EACH $600.001 11 1 01 $600.00 1167 12506.6021 CONNECT INTO EXISTING CATCH BASIN 1EACH $800.001 11 1 01 $800.00 1168 12506.6021 CASTING ASSEMBLY (MANHOLE) I EACH $350.001 4 4 01 $1,400.00 169. 12506.6021 CASTING ASSEMBLY(CATCHBASIN) IEACH $450.001 3) 3 01 $1,350.00 Totals For Section Schedule H - Drainage Improvements (Mississippi Drive Park): 1 $18,073.00 Schedule I -Surface Improvements (Mill & Overlay) 170 2021.501 1 MOBILIZATION 1 LUMP SUM $1,500.00 1 1 01 $1,500.00 171 2232.501 IMILL BITUMINOUS SURFACE (1.25") I SQ YD $5.00 410 7373 01 $36,865.00 1172 2331.6011 CRACK SEALING 1 LUMP SUM $2,000.00 1 0 01 $0.00 1173 12350.501 1TYPE MV 4 WEARING COURSE MIXTURE (A) ITON 1 $58.501 3631 718.71 01 $42,043.95 11 Totals For Section Schedule I - Surface Improvements (Mill & Overlay):1 $80,408.95 Change Order 1 174 2105.501 COMMON EXCAVATION (P) ICU YD ($7.25) 2580 0 0 $0.00 175 2105.522 SELECT GRANULAR BORROW (CV) (P) ICU YD ($13.65) 1 1364 0 0+ $0.00 2112.501 SUBGRADE PREPARATION I ROAD STA ($200.00) I 10 0 01 $0.00 1175 177 12331.604 BITUMINOUS PAVEMENT RECLAMATION I SQ YD 1 ($4.70) I} 40901 01 01 $0.00 178 12350.501 TYPE MV 4 WEARING COURSE MIXTURE (A) ITON 1 ($56.00)1 3701 0 01 $0.00 179 12350.5021TYPE MV 3 NON WEARING COURSE MIXTURE (B) (TON 1 ($47.50)1 4921 0 01 $0.00 180 12357.5021 BITUMINOUS MATERIAL FOR TACK COAT (GALLON 1 ($1.50)1 2251 01 01 $0.00 1181 2506.5221 ADJUST FRAME & RING CASTING (EACH 1($600.00)1 6 01 01 $0.00 1182 2540.6021 INSTALL MAIL BOX SUPPORT (CLUSTER) I EACH 1 ($375,00) 2' 01 01 $0.00 1 Totals For Change Order 1:1 $0,00 1 Change Order 2 1183 192383 1 DRIVEWAY RESTORATION ISQ FT 1 $7.001 4521 4521 0 $3,164.00 1 Totals For Change Order 2:I $3,164.00 I Project Totals: l $1.698,269,11 5 of 6 01494.16 - Pay Voucher 7 Project Payment Status Owner: City of Monticello Client Project No.: 2006 -OIC Client Contract No.: Project No.: 01494-16 Contractor: Buffalo Bituminous, Inc. Contract Chanaes Tuesday, December 11, 2007 1 No. Type Date Description Amount Change 6/13/2006 Modified contract quantities. (Removal of Kenneth Lane and Craig Lane ($107,324.10) C01 Order Impr ovemenits from the project.) CO2 Change 11/7/2006 Added contract quantity. $3,164.00 Order Change Order Totals: ($104,160.10) Pavment Summary No. JFrom Date JTo Date I Payment Total Payment Retainage Per Proiect Summary Material On Hand: $0.00 Total Payment to Date: $1,698,269.11 Original Contract: Total Retainage: $0.00 Contract Changes: Total Amount Earned: $1,698,269.11 Revised Contract: Total Completed Retainage $12,016.54 $240,330.75 $281430.23 $568,604.68 $56,756.811$1,135,136.20 $75,985.991$1,519,719.86 $79,469.551$1,589,391.01 $841913.46 $1,698,269.11 $0.00 $1,698,269.11 $0.001$1,698,269.11 $1,871,362.50 ($104,160.10) $1,767,202.40 6 of 6 I I Payment 1 16/21/2006 17/31/2006 1$228,314.21 $228,314.21 $12,016.54 2 18/1/2006 18/31/2006 1$311,860.241 $540,174.451 $16,413.69 3 19/1/2006 1$538,204.941$1,078,379.391 $28,326.58 4 110/1/2006 19/30/2006 11/20/20061$365,354.481$1,443,733.871 $191229.18 5 11/21/2006111/30/2006 $66,187.591$1,509,921.461 $3,483.56 6 112/1/2006 10/22/20071$103,434.19 $1,613,355.651 $5,443.91 7& FINAL 10/23/2007 12/11/2007 $84,913.46 $1,698,269.11 ($84,913.46) Payment Totals: 1$1,698,269.111 Proiect Summary Material On Hand: $0.00 Total Payment to Date: $1,698,269.11 Original Contract: Total Retainage: $0.00 Contract Changes: Total Amount Earned: $1,698,269.11 Revised Contract: Total Completed Retainage $12,016.54 $240,330.75 $281430.23 $568,604.68 $56,756.811$1,135,136.20 $75,985.991$1,519,719.86 $79,469.551$1,589,391.01 $841913.46 $1,698,269.11 $0.00 $1,698,269.11 $0.001$1,698,269.11 $1,871,362.50 ($104,160.10) $1,767,202.40 6 of 6 A& WSB & Associates, Inc. Infrastructure i Engineering 1 Planning 1 Construction February 5, 2008 Honorable Mayor and City Council City of Monticello 505 Walnut Street, Suite 1 Monticello, MN 55362 Re: Construction Pay Voucher No. 7 (Final) 2006 Street Reconstruction Program Street, Storm Sewer, and Appurtenant Work City of Monticello Project No. 2006-01C WSB Project No. 1494-16 Dear Mayor and Council Members: 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 Please find enclosed the final Construction Pay Voucher No. 7 for the above -referenced project in the amount of $84,913.46. We recommend final payment subject to receipt of the following items: 1. Satisfactory showing that the contractor has complied with the provisions of Minnesota Statutes 290.92 requiring withholding state income tax. 2. Evidence in the form of an affidavit that all claims against the contractor by reasons of the contract have been fully paid or satisfactorily secured. 3. Consent of Surety to Final Payment certification from the contractor's surety. 4. Two-year maintenance bond. It should be noted that the maintenance bond will start and extend two years from the date of final acceptance of the project by the City Council. Please make payment in this amount to Knife River at your earliest convenience. Thank you. Sincerely, WSB & Associates, Inc. IL 5 - W_ Kevin B. Kawlewski, PE Senior Project Manager Enclosures cc: Tom Kelly, City of Monticello Jeff O'Neill, City of Monticello Bruce Westby, City of Monticello Harry Klatt, Knife River Minneapolis 1 St. Cloud srb 1.':41494-1I Constructhot ldbninL7X 107FA'TC7}:hinrc-ON)5lA.dot Equal Opportunity Employer Council Agenda: 2/11/08 5G. Approve Final Pavment and Accept Improvements for Public Improvement No. 2006-02C for the Reconstruction of Cedar Street (Chelsea Road to Dundas Road), and the Construction of Dundas Road (Cedar Street to Edmonson Avenue) (City of Monticello Proiect No. 2006-020 (WSB) A. REFERENCE AND BACKGROUND: This project included the reconstruction of Cedar Street from Chelsea Road to Dundas Road and the construction of the unimproved segment of Dundas Road, east of Cedar Street, to Edmonson Avenue. The project included constructing the roadways to a three - lane, 44 -foot width with concrete curb and gutter within the existing right-of-way. The project also included construction of a segment of a dual forcemain across TH 25 and along Chelsea Road for the future extension of the system from the Otter Creek Lift Station to the trunk sanitary sewer at Chelsea Road and Fallon Avenue. Construction commenced in 2006 with street and utilities. The final lift of pavement was placed in 2007. The Council is being requested to accept the project as complete and approve final payment to LaTour Construction, Inc. in the amount of $55,924.42. The following paperwork is still required for final payment to be released: 1. Satisfactory showing that the contractor has complied with the provisions of Minnesota Statutes 290.92 requiring withholding state income tax. 2. Evidence in the form of an affidavit that all claims against the contractor by reasons of the contract have been fully paid or satisfactorily secured. 3. Consent of Surety to Final Payment certification from the contractor's surety. 4. Two-year maintenance bond. It should be noted that the maintenance bond will start and extend two years from the date of final acceptance of the project by the City Council. The final payment request represents the final quantities completed on the contract and the release of the retainage on the contract. All punchlist items assembled for this project have been completed, and WSB & Associates, Inc. is indicating the project is complete and ready for final payment in accordance with the contract and City of Monticello Engineering and Construction Standards. The project was funded by City funds, State Aid funds, and special assessments to the adjacent benefiting properties. Adoption of the assessment roll was completed in October 2007. C: Documents and Settingsldawn.grossingerTocal SettingsMmporary Internet FilesIOLKB3IAGNITM-CedarStDundasRdApproveFi)ialPayment-021108.doc Council Agenda: 2/11/08 B. ALTERNATIVE ACTIONS: 1. Accept the improvements and approve the final payment of $55,924.42 to LaTour Construction, Inc. contingent upon receipt of the final paperwork. 2. Do not accept the improvements and approve final payment. C. STAFF RECOMMENDATION: Staff recommends selecting Alternative No. 1. D. SUPPORTING DATA: Copy of Construction Pay Voucher No. 7 (Final) Letter from WSB & Associates, Inc. C: (Documents and SettingsWawn.grossinger"cal SettingslTemporary Internet FilesIOLKB3LAGNITM-CedarStDundasR LlpproveFinalPayment-021108. doc 01627-46 - Pay Voucher 7 Tuesday, January 22, 2008 Owner: City of Monticello Date: 505 Walnut St Monticello, MN 55362-1147 W,S-B For Period: 9/29/2007 to 11/16/2007 Request No.: Contractor: Latour Construction & Maim. In, 2134 County Road 8 NW Maple Lake, MN 55358 Pay Voucher Cedar Street (Dundas to Chelsea) and Dundas Road (Cedar to Edmonson) Recon Client Contract No.: PrniPnt Nn • n1 R')7 -dA Client Project No.: Project Summary 1 Original Contract Amount 2 Contract Changes - Addition 3 Contract Changes - Deduction 4 1 Revised Contract Amount 5 JValue Completed to Date 6 I Material on Hand I 7 JAmount Earned 8 Less Retainage 9 Subtotal 10 I Less Amount Paid Previously 11 I Liquidated Damages 112 (AMOUNT DUE THIS PAY VOUCHER NO.7 & FINAL $0.00 $0.00 11/16/2007 7 & FINAL $846,855.82 $846,855.82 $843,251.88 I $0.00 $843,251.88 $0.00 $843,251.88 $787,327.46 $0.00 I $55,924.42 I HEREBY CERTIFY THAT A FINAL EXAMINATION HAS BEEN MADE OF THE ABOVE NOTED CONTRACT, THAT THE CONTRACT HAS BEEN COMPLETED, THAT THE ENTIRE AMOUNT OF WORK SHOWN IN THE FINAL VOUCHER HAS BEEN PERFORMED AND THE TOTAL VALUE OF THE WORK PERFORMED IN ACCORDANCE WITH, AND PURSUANT TO, THE TERMS OF THE CONTRACT IS AS SHOWN IN THIS FINAL VOUCHER. Recommended for Approval by: WSS & A sociates, Inc. Approved by Contractor: Lato n Const n Specified Contract Completion Date: 6/30/2007 Comment: Construction Observer: Approved by Owner: City of Monticello Date: 1 of 6 01627-46 - Pay Voucher 7 Project (Material Status Tuesday, January 22, 2008 2 of 6 Item Description Units Unit Price Contr Quantity to Current (Amount to Nom I I lQuantity Date Quantity Date Schedule A - Cedar Street (SAP 222-110-03) 1 2021.501 MOBILIZATION (2%) LUMP SUM $15,000.00 1 1 0 $15,000.00 y2 2101.502 CLEARING TREE $103.00 20 24 0 $2,472.00 jI3 2101.507 GRUBBING TREE $62.00 20 24 0 $1,488.00 14 2104.501 REMOVE WATER MAIN LIN FT $8.20 145 201 0 $1,648.20 152104.501 REMOVE CURB AND GUTTER LIN FT $3.10 226 285 0 $883.50 16 2104.501 REMOVE SANITARY SERVICE PIPE LIN FT $5.20 38 76 0 $395.20 17 2104.505 REMOVE BITUMINOUS PAVEMENT SQ YD $1.70 4345 4679.33 0 $7,954.86 18 2104.509 REMOVE PERMANENT BARRICADE EACH $51.50 3 3 0 $154.50 19 2104.509 REMOVE CATCH BASIN EACH $824.00 1 1 0 $824.00 110 2104.509 REMOVE GATE VALVE EACH $103.00 2 3 0 $309.00 11 2104.509 REMOVE SIGN EACH $21.00 8 8 0 $168.00 12 2104.513 SAWING BITUMINOUS PAVEMENT (FULL DEPTH) LIN FT $3.60 256 295 0 $1,062.00 13 2104.523 SALVAGE & REINSTALL SIGN EACH $129.00 7 7 0 $903.00 14 2104.603 ABANDON STORM SEWER LIN FT $6.20 38 68 0 $421.60 15 2105.501 COMMON EXCAVATION (P) CU YD $3.20 6507 6507 0 $20,822.40 2105.507 SUBGRADE EXCAVATION (EV) CU YD $4.10 3245 3797.1 0 $15,568.11 116 17 2105.522 SELECT GRANULAR BORROW (LV) CU YD $7.70 3245 4192 0 $32,278.40 118 2105.525 TOPSOIL BORROW (LV) CU YD $14.40 100 0 0 $0.00 119 2112.501 SUBGRADE PREPARATION ROAD STA $239.00 13.39 13.39 0 $3,200.21 120 2211.501 AGGREGATE BASE CLASS 5 MOD TON $9.20 2900 2971 0 $27,333.20 121 2232.501 MILL BITUMINOUS SURFACE (2.0") SQ YD $10.30 32 22 22 $226.60 2350.501 TYPE MV 3 WEARING COURSE MIXTURE (B) TON $59.20 814 730 63 $43,216.00 122 23 2350.502 TYPE LV 3 NON WEARING COURSE MIXTURE (B) TON $49.40 955 1038.6 0 $51,306.84 2357.502 BITUMINOUS MATERIAL FOR TACK COAT GALLON $2.10 315 285 285 $598.50 124 25 2503.541 15" RC PIPE SEWER DESIGN 3006 CLASS V LIN FT $25.50 180 196 0 $4,998.00 126 2503.541 18" RC PIPE SEWER DESIGN 3006 CLASS III LIN FT $28.50 761 761 0 $21,688.50 127 2503.602 CONSTRUCT BULKHEAD EACH $136.00 1 1 0 $136.00 128 2503.602 CONNECT TO EXISTING STORM SEWER EACH $3,569.00 1 1 0 $3,569.00 29 2503.602 CONNECT TO EXISTING SANITARY SEWER SERVICE EACH $3,131.00 1 1 0 $3,131.00 30 2503.603 6" PVC PIPE SEWER - SDR 26 LIN FT $20.00 35 42 0 $840.00 31 2503.603 TELEVISE STORM SEWER LIN FT $1.60 941 941 0 $1,505.60 32 2504.602 CONNECT TO EXISTING WATER MAIN EACH $818.00 1 1 0 $818.00 33 2504.602 RELOCATE HYDRANT AND VALVE EACH $1,260.00 3 3.45 0.45 $4,347.00 34 2504.602 ADJUST GATE VALVE AND BOX EACH $207.00 12 10 0 $2,070.00 35 2504.602 LOWER 6" WATERMAIN EACH $2,121.00 3 4 0 $8,484.00 36 2504.603 6" WATER MAIN -DUCT IRON CL 52 LIN FT $21.70 62 69 0 $1,497.30 37 2504.604 4" POLYSTYRENE INSULATION SQ YD $38.00 32 53.3 0 $2,025.40 38 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 48-4020 LIN FT $231.10 46.22 45.23 0 $10,452.65 139 2506.502 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPECIAL 1 EACH $923.80 3 3 0 $2,771.40 140 2506.516 CASTING ASSEMBLY EACH $372.00 7 7 0 $2,604.00 41 2506.522 ADJUST FRAME & RING CASTING EACH $288.00 1 0 0 $0.00 42 2506.602 RECONSTRUCT MANHOLES EACH $517.00 3 3 0 $i,6bi.Gv 43 2521.501 4" CONCRETE WALK SQ FT $3.90 6764 7615.75 0 $29,701.43 44 2531.501 CONCRETE CURB & GUTTER DESIGN 8618 LIN FT $9.40 3645 3418.53 0 $32,134.18 2531.503 CONCRETE MEDIAN SQ YD $41.20 22.4 36.06 0 $1,485.67 145 46 2531.507 7" CONCRETE DRIVEWAY PAVEMENT SQ YD $42.20 64 170.54 0 $7,196.7° 147 2531.507 7" CONCRETE DRIVEWAY PAVEMENT (HIGH EARLY) SQ YD $52.50 106 47.22 0 $2,479.05 148 2531.602 CONCRETE MEDIAN NOSE DESIGN 7109 EACH $361.00 2 2 0 $722.00 149 2531.618 TRUNCATED DOMES SQ FT $20.60 16 136 0 $2,801.60 150 2554.602 TEMPORARY BARRICADES (TYPE III) ,EACH $170.00 6 61 0 $1,020.00 2 of 6 01627-46 - Pay Voucher 7 Tuesday, January 22, 2008 Item No. Item Description Units Unit Price Contract Quantity to Current I Amount to Quantity Date Quantity Date 51 152 2563.601 TRAFFIC CONTROL LUMP SUM $2,060.00 1 1 0 $2,060.00 2 2564.531 SIGN PANELS TYPE C SQ FT $29.40 83 90 581 $2,646.00 153 2564.602 PAVEMENT MESSAGE (LEFT ARROW) POLY PREFORMED EACH $173.00 11 8.56 6.361 $1,480.88 54 155 2564.603.14" BROKEN LINE YELLOW -PAINT � 1 LIN FT 1 $0.801 2601 250 01 $200.00 I 2564.603 4" SOLID LINE WHITE-EPDXY LIN FT $0.20 1 1 2 5951 2227 01 $445.40 156 12564.60314" SOLID LINE YELLOW-EPDXY LIN FT 1 $0.201 19301 149701 $299.40 57 12564.60314" DOUBLE SOLID LINE YELLOW-EPDXY LIN FT 1 1 $0.501 4721 4331 0 $216.50 58 12564.603124" SOLID LINE YELLOW-EPDXY I LIN FT 1 $18.5030 341 0 $629.00 59 12564.60314" BROKEN LINE YELLOW-EPDXY LIN FT $0.201 360 350 0 $70.00 IOU 4000.0uJI14 NUIV-1VECIMLLIC CONUUI T 1LIN FT $6.20 980 12091 01 $7,495.80 161 2565.6031 INSTALL 4" NON-METALLIC CONDUIT LIN FT 1 $3.60' 160 3001 01 $1,080.00 62 2571.5021 DECIDUOUS TREE 2.5" CAL B&B TREE 1 $283.00 26 411 15 $11,603.00 63 12573.5301 INLET PROTECTION TYPE C EACH 1 $431.001 11 91 0 $3,879.00 64 12573.602 TEMPORARY ROCK CONSTRUCTION ENTRANCE EACH 1$1,030.00 2 01 01 $0.00 165 2575.5011 SEEDING ACRE $350.001 � 0.7 1.71 01 $595.00 5.00 166 2575.5051 SODDING TYPE SALT RESISTANT 1SQ YD 1 $2.701 21931 1565.51 01 $4,226.85 167 2575.5111 MULCH MATERIAL TYPE 1 (TON 1 $371.001 1.41 2.921 01 $1,083.32 168 12575.5191 DISK ANCHORING ACRE 1 $103.001 0.71 1.71 01 $175.10 69 170 12575.532 COMMERCIAL FERTILIZER ANALYSIS 24-12-24 ,POUND 1 $1.00 210 522 0 $522.00 12575.6081SEED MIXTURE 240 POUND $4.10 I ' 53 1 1 30 € 0 ! $533.00 Totals For Section Schedule A - Cedar Street (SAP 222-110-03):1 $417,503.94 Schedule B - Dundas Road (SAP 222-103-02) 71 2021.501 MOBILIZATION (2%) 1LUMP SUM $0,01 1 11 0 $0.01 72 2102.502 PAVEMENT MARKING REMOVAL I LIN FT $0.60 170 1110 560.59 $666.00 73 2104.501 REMOVE PIPE CULVERTS Ij LIN FT $6.20 116 116 0 $719.20 174 2104.501 REMOVE SEWER PIPE (STORM) LIN FT $8.20 80 72 0 $590.40 �75 2104.505 REMOVE BITUMINOUS PAVEMENT SQ YD $3.10 525 406.84 0 $1,261.20 76 12104.509 REMOVE SIGN EACH $21.00 2 2 0 $42.00 177 2104.513 SAWING BITUMINOUS PAVEMENT (FULL DEPTH) 12104.5231 1LIN FT $3.60 240 241, 0 $867.60 78 SALVAGE & REINSTALL SIGN �EACH $129.001 2 21 0 $258.00 79 12105.501 COMMON EXCAVATION (P) 1 CU YD 1 $3.201 848 8481 0 $2,713.60 80 12105.522 SELECT GRANULAR BORROW (LV) ICU YD 1 $7.701 533 906 01 $6,976.20 81 12105.525 TOPSOIL BORROW (LV) ICU YD $14.401 1001 0' 01 $0.00 182 12112.501 ISUBGRADE PREPARATION ROAD STA $239.001 10.59 10.591 01 $2,531.01 183 12211.5011AGGREGATE BASE CLASS 5 MOD TON $8.80 21301 1444.81 0 $12,714.24 184 12232.501 (MILL BITUMINOUS SURFACE (2.0") SQ YD $10.30 441 281 28' $288.40 185 2350.501 1 TYPE MV 3 WEARING COURSE MIXTURE (B) 1TON ' $55.60 6251 487.02 01 $27,078.31 186 2350.5021 TYPE LV 3 NON WEARING COURSE MIXTURE (B) 1TON 1 $49.40 6201 618.62 0 $30,559.83 187 2357.5021 BITUMINOUS MATERIAL FOR TACK COAT I GALLON 1 $2.101 2601 150 100 $315.00 188 12501.515118" RC PIPE APRON EACH 1 $533.001 11 1 0 $533.00 �89 12501.6021 TRASH GUARD FOR 18" PIPE APRON I EACH 1 $578.00 1 1 1 0 $578.00 90 12503,541115" RC PIPE SEWER DESIGN 3006 CLASS V LIN FT $25.50 1301 124 0 $3,162.00 91 12503.541118" RC PIPE SEWER DESIGN 3006 CLASS III 1 LIN FT $28.60 5101 4981 01 $14,242.80 92 2503.541 24" RC PIPE SEWER DESIGN 3006 CLASS III �27" 1LIN FT 1 $35.201 331 331 01 $1,161.60 93 2503.541 RC PIPE SEWER DESIGN 3006 CLASS III 1LIN FT 1 $39.401 7941 7941 01 $31,283.60 94 2503.6021 CONNECT TO EXISTING SANITARY SEWER 1$1,522.001 1 1 01 $1,522.00 195 2503.602110"X6" PVC WYE .EACH EACH 1 $278.001 1 i 1 01 $278.00 96 12503.60316" PVC PIPE SEWER - SDR 26 r 1 LIN FT $17.50 401 421 01 $735.00 97 12503.6031 TELEVISE STORM SEWER 1 LIN FT $1,60 14671 14671 01 $2,347.20 98 12504.6021ADJUST GATE VALVE AND BOX 1 EACH $207.001 81 81 01 $1,656.00 3 of 6 01627-46 - Pay Voucher 7 I Item No. 199 100 101 102 103 104 105 1106 1107 1108 1109 1110 1111 112 113 114 115 116 1117 1118 1119 1120 }121 122 1123 1124 1125 1126 1127 128 129 Tuesday, January 22, 2008 Item Description Units Unit Price Contract Quantity to Current 0 Amount to TREE $62.00 1 Quantity Date Quantity $248.00 Date 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 48-4020 LIN FT $263.70 33.04 32.25 0 $8,504.33 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 54-4020 UN FT $291.60 14.81 14.42 0 $4,204.87 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 60-4020 LIN FT $281.40 5.11 4.91 0 $1,381.67 2506.502 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPECIAL 1 I EACH $924.00 3 3 0 $2,772.00 12506.516 CASTING ASSEMBLY 1EACH $372.00 91 10 0 0 $3,720.00 2506.522 ADJUST FRAME & RING CASTING 1 EACH $288.00 21 1' ROAD STA 1 0 $288.00 12506.6021 CONNECT INTO EXISTING DRAINAGE STRUCTURE 1EACH 1 $681.001 11 11 0 $681.00 12531.5011 CONCRETE CURB & GUTTER DESIGN 6618 1LIN FT i $9.501 2036 2092.331 0' $19,877.14 12554.6021 TEMPORARY BARRICADES (TYPE III) 1EACH 1 $170.00 9 9 0 01 $1,530.00 12563-601 1 i RAFFIC CONTROL ROL LUMP SUM 1$2,060.00 1 1 GALLON 1 0 $2,060.00 12564.5311SIGN PANELS TYPE C �SO FT 1 $29.40 80 261 16' $764.40 12564.6021 PAVEMENT MESSAGE (LEFT ARROW) POLY PREFORMED 1EACH 1 $174,001 14 01 0 $0.00 12564.60314" BROKEN LINE YELLOW PAINT LIN FT 1 $0.801 300 3401 0, $272.00 12564.603 4" SOLID LINE WHITE-EPDXY LIN FT 1 $0,301 3647 3773 01 $1,131.90 12564.6034" SOLID LINE YELLOW-EPDXY LIN FT $0.30 1 1 1666 0 1 01 $0.04 12564.60314" DOUBLE SOLID LINE YELLOW-EPDXY 1LIN FT 1 $0.501 19191 16791 01 $839.50 12564.603124" SOLID LINE YELLOW-EPDXY LIN FT 1 $18.501601 01 0 $0.00 12564.60314" BROKEN LINE YELLOW-EPDXY 1 LIN FT 1 $0.301 340 01 0 $0.00 12565.60314" NON-METALLIC CONDUIT LIN FT 1 $6.201 320 280 0 $1,736.00 2565.6031 INSTALL 4" NON-METALLIC CONDUIT 12573.5021 OLIN FT 1 $3.601 160 280 0 $1,008.00 SILT FENCE, TYPE HEAVY DUTY LIN FT I $2.20 I ! 450 I 530 I 0 1 $1,166.00 $, 12573.5301 INLET PROTECTION TYPE C I EACH $431.001 10 81 0 $3,448.00 12573.5301 INLET PROTECTION TYPE D 1EACH $322.001 1' 01 0� $0.00 12573.6021 TEMPORARY ROCK CONSTRUCTION ENTRANCE 1EACH $1,030.001 21 01 01 $0.00 2575.5011 SEEDING ACRE 1 $350.001 0.651 1.12 0 $392.00 2575.505 SODDING TYPE SALT RESISTANT SQ YD 1 $2.70 955 0 0' $0.00 2575.511 MULCH MATERIAL TYPE 1 TON 1 $371.00 1.3 2.28 0 $845.88 ,2575.5191 DISK ANCHORING JACRE 1 $103.00 0.651 1.121 0 $115.36 2575.5231 EROSION CONTROL BLANKETS CATEGORY 3 SQ YD1 $2.101 3551 01 0 $0.00 12575.5321 COMMERCIAL FERTILIZER ANALYSIS 24-12-24 POUND 1 $1,001 195 400 0 $400.00 12575.6081 SEED MIXTURE 240 1 POUND 1 $4.101 491 100 01 $410.00 1 Schedule C - Chlesea Roam Right Turn Lane 1130 2101.502 CLEARING 1131 2101.507 GRUBBING 1132 2104.501 REMOVE CURB AND GUTTER 1133 2104.509 REMOVE SIGN 1134 2104.523 SALVAGE CASTING 1135 2105.501 COMMON EXCAVATION (P) 136 2105.507 SUBGRADE EXCAVATION (EV) 137 2105.522 SELECT GRANULAR BORROW (LV) 1138I2105.5251TOPSOIL BORROW (LV) 1139 112112.501 SUBGRADE PREPARATION 1140 2211.501 AGGREGATE BASE CLASS 5 MOD 1141 12232.501 MILL BITUMINOUS SURFACE (2.01 142 12350.501 1TYPE MV 3 WEARING COURSE MIXTURE (B) 143 12350.502 TYPE LV 3 NON WEARING COURSE MIXTURE (B) 144 12357.502 BITUMINOUS MATERIAL FOR TACK COAT 145 2503.602 CONNECT TO EXISTING STORM SEWER 146 12506.5011 CONSTRUCT DRAINAGE STRUCTURE DESIGN 484020 Totals For Section Schedule B - Dundas Road (SAP 222-103-02):1 $202,628.25 TREE 1 $103.00 1 4 0 $412.00 TREE $62.00 1 4 0 $248.00 LIN FT $3.10 214 225 0 $697.50 EACH $21.00 2 2 0 $42.00 EACH $206.00 1 1 0 $206.00 CU YD $3.20 150 150 0 $480.00 CU YD $4.10 100 47.5 0 $194.75 CU YD $9.30 100 72 0 $669.60 CU YO 1 $14.40 100 0 0 $0.00 ROAD STA 1 $309.00 1.85 1.85 0 $571.65 TON 1 $10.00 205 235.21 0 $2,352.00 SQ YD $10.30 32 33133 $339.90 TON 1 $71.10 35 351 0 $2,488.50 TON 1 $72.10 30 301 0 $2,163.00 GALLON 1 $2.10 14 151 15 $31.50 EACH 1$1,252.00 1 11 0 $1,252.00 LIN FT 1 $264.00 6.15 5.951 0 $1,570.80 01627-46 - Pay Voucher 7 Item item Description No. 147 2506.516 CASTING ASSEMBLY 1148 2506.521 INSTALL CASTING 1149 2531.501 CONCRETE CURB & GUTTER DESIGN 8618 1150 2554.602 TEMPORARY BARRICADES (TYPE 111) 151 12563.601 TRAFFIC CONTROL 152 12564.5311 SIGN PANELS TYPE C 153 12564.60314" SOLID LINE WHITE-EPDXY 1154 12573.5301 INLET PROTECTION TYPE C Scheduie D - Force Main Tuesday, January 22, 2008 Units Unit Price Contract ISQ YD Quantity to Current 2104.513 SAWING BITUMINOUS PAVEMENT (FULL DEPTH) Amount to 157 Quantity ' LIN FT Date Quantity 2503.603 18" STEEL CASING PIPE (JACKED) Date EACH $372.00 1 1 0 $372.00 EACH $288.00 1 1 0 $288.00 LIN FT $16.00 257 267.59 0 $4,281.44 EACH $170.00 1 1 0 $170.00 1LUMP SUM $1,030.00 1 ! 1 0 $1,030.00 SQ FT $29.401 6.251 6.25 0 $183.75 LIN FT $0.801 551 55 0 $44.00 4 EACH $431.001 21 0 01 $0.00 Totals For Section Schedule C - Chlesea Road Right Turn Lane: 1 $20,088.39 155 2104.505 REMOVE BITUMINOUS PAVEMENT ISQ YD 156 2104.513 SAWING BITUMINOUS PAVEMENT (FULL DEPTH) LIN FT 157 2503.603 8" DUCTILE IRON PIPE SEWER CLASS 52 ' LIN FT 158 2503.603 18" STEEL CASING PIPE (JACKED) 1 LIN FT 1159 2503.603 30" STEEL CASING PIPE (JACKED) 1 LIN FT 1160 2503.603 16" DUCTILE IRON PIPE SEWER CL 52 1 LIN FT 1161 2503.620' DUCTILE IRON FITTINGS1 POUND 162 2575.5011 SEEDING JACRE 163 2575.5111 MULCH MATERIAL TYPE 11 TON $47,868.60 2575.5191 DISK ANCHORING (ACRE 1164 165 12575.5321 COMMERCIAL FERTILIZER ANALYSIS 24-12-24 POUND 1166 12575.6081 SEED MIXTURE 240 I POUND $3.10 80 194 194 $601.40 $3.60 18 10 10 $36.00 $41.80 652 641 0 $26,793.80 $198.00 220 230 0 $45,540.00 $288.00 220 237 0 $68,256.00 $74.10 646 646 0 $47,868.60 $4.60 3980 2915 0 $13,409.00 $402.001 0.26 0.3 0 $120.60 1 $386.001 0.5 0.5 0 $193.00 1 $103.001 0.3 0.3 01 $30.90 1 $1.00 781 78 01 $78.00 1 $5.20 201 20 01 $104.00 Totals For Schedule D -Force Main: 1 $203,031.30 Project Totals: l $843,251.88 5 of 6 01627-46 - Pay Voucher 7 Contract Chanaes I No. (Type Pavment Summary Project Payment Status Owner: City of Monticello Client Project No.: Client Contract No.: Project No.: 01627-46 Contractor: Latour Construction I Date I Description No. From Date To Date Payment 1 7/31/2006 8/31/2006 $235,040.91 2 9/1/2006 9/30/2006 $281,767.45 3 10/1/2006 10/31/2006 $173,829.57 4 111/1/2006 111/30/2006' $23,338.99 5 112/1/200616/30/2007 1 $10,650.261 6 7/1/2007 19/28/2007 $62,700.281 7 & FINAL 19/29/2007 111/16/20071 $55,924.421 $843,251.881 Payment Totals: 1 Project Summary Material On Band: Total Payment to Date: Total Retainage: Total Amount Earned: Change Order Totals: Tuesday, January 22, 2008 Amount 1 $0.001 Total Payment Retainage Per Payment (Total Retainage Completed $235,040.91 $12,370.571 $12,370.57 $247,411.48 $516,808.36 $14,829.871 $27,200,441$544,008.80 $690,637.93 $9,148.931 $36,349.371$726,987.30 $713,976.921 $1,228.361 $37,577.731$751,554.65 $724,627.181 $560.541 $38,138.271$762,765.45 $787,327.461 $3,300.021 $41,438.291$828,765.75 $843,251.881 ($41,438.29)1 $0.001$843,251.88 $843,251.881 1 $0.001$843,251.88 $0.00 $843,251.88 Original Contract: $0.00 Contract Changes: $843,251.88 Revised Contract: $846,855.82 $0.00 $846,855.82 6 of 6 February 5, 2008 Honorable Mayor and City Council City of Monticello 505 Walnut Street, Suite 1 Monticello, MN 55362 Re: Construction Pay Voucher No. 7 (Final) Cedar Street (Dundas Road to Chelsea Road) and Dundas Road (Cedar Street to Edmonson Avenue) Street, Utilities, and Appurtenant Work City of Monticello Project No. 2006-02C S.A.P. Nos. 222-110-03 and 222-103-02 WSB Project No. 1627-46 Dear Mayor and Council Members: Please find enclosed the final Construction Pay Voucher No. 7 for the above -referenced project in the amount of $55,924.42. We recommend final payment subject to receipt of the following items: 1. Satisfactory showing that the contractor has complied with the provisions of Minnesota Statutes 290.92 requiring withholding state income tax. 2. Evidence in the form of an affidavit that all claims against the contractor by reasons of the contract have been fully paid or satisfactorily secured. 3. Consent of Surety to Final Payment certification from the contractor's surety. 4. Two-year maintenance bond. It should be noted that the maintenance bond will start and extend two years from the date of final acceptance of the project by the City Council. Minneapolis 1 St. Cloud K. 01627-46 AJurin'.('nna7ructinn Admin /,77( 4C1 7 h:b'L ('71'-h)ncc-020508. rhK Equal Opportunity Employer WSB & Associates, Inc. Infrastructure 1 Engineering 1 Planning 1 Construction 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 February 5, 2008 Honorable Mayor and City Council City of Monticello 505 Walnut Street, Suite 1 Monticello, MN 55362 Re: Construction Pay Voucher No. 7 (Final) Cedar Street (Dundas Road to Chelsea Road) and Dundas Road (Cedar Street to Edmonson Avenue) Street, Utilities, and Appurtenant Work City of Monticello Project No. 2006-02C S.A.P. Nos. 222-110-03 and 222-103-02 WSB Project No. 1627-46 Dear Mayor and Council Members: Please find enclosed the final Construction Pay Voucher No. 7 for the above -referenced project in the amount of $55,924.42. We recommend final payment subject to receipt of the following items: 1. Satisfactory showing that the contractor has complied with the provisions of Minnesota Statutes 290.92 requiring withholding state income tax. 2. Evidence in the form of an affidavit that all claims against the contractor by reasons of the contract have been fully paid or satisfactorily secured. 3. Consent of Surety to Final Payment certification from the contractor's surety. 4. Two-year maintenance bond. It should be noted that the maintenance bond will start and extend two years from the date of final acceptance of the project by the City Council. Minneapolis 1 St. Cloud K. 01627-46 AJurin'.('nna7ructinn Admin /,77( 4C1 7 h:b'L ('71'-h)ncc-020508. rhK Equal Opportunity Employer Honorable Mayor and City Council February 5, 2008 Page 2 Please make payment in this amount to LaTour Construction, Inc. at your earliest convenience. Thank you. Sincerely, WSB & Associates, Inc. 67'S 60L Shibani K. Bisson, PE Project Manager Enclosures cc: Tom Kelly, City of Monticello Jeff O'Neill, City of Monticello Bruce Westby, City of Monticello Steve LaTour, LaTour Construction, Inc. srb KA1627-460dinin (onsirmawn AdmwI R 10 7 EX1. C77'-honcc-010508A)c Council Agenda: 2/11/08 511. Consideration of authorizing submission of a letter supporting Wright Countv's efforts to obtain $1,000,000 in LCCMR funding to be used for purchase of the YMCA Property. (JO) A. REFERENCE AND BACKGROUND: City Council is asked to grant permission to submit a letter to the State of Minnesota noting support for the County's efforts to obtain. LCCMR Funding. As you know, the County has already obtained preliminary support for the funding. According to Marc Mattice, "The reason we need a support letter from the City is that the LCCMR is recommending $1,000,000 for the proposed acquisition that will be distributed through the DNR Local Grants Program. To secure these funds we need to apply to the Non -Metro Regional Grant program, it is somewhat a formality. Since the application is coming from Wright County, a support letter needs to be obtained from the City since this is a partnership for the acquisition, stating their support for the project. The County Board will need to pass a resolution to act as the legal sponsor of the grant funds, and authorize the City Administrator, on behalf of the City of Monticello, to sign grant agreements". Budget Impact No budget impact relating to this letter. However upon successful negotiation of purchase agreement with YMCA and following additional funding by the State of Minnesota there will be a financial impact. The total cost of acquisition will be in the neighborhood of $6,000,000 dollars. Funding for this share to be derived from a combination of existing and future park dedication fees and general tax revenue. B. ALTERNATIVE ACTIONS: 1. Motion approving submittal of a letter to the DNR supporting a grant application submitted by the Wright County Parks Department to the Department of Natural Resources Local Grants Program for the proposed acquisition of the Bertram Chain of Lakes Regional Park. 2. Motion to deny support of said letter C. STAFF RECOMMENDATION: Unless the City Council has changed its view if the importance of acquisition of the YMCA area, staff recommends alternative 1. D. SUPPORTING DATA: Copy of proposed letter. MONTICELLO February 11, 2008 Minnesota Department of Natural Resources Office of Management and Budget Services — Local Grants Unit Audrey Mularie; Local Grants Manager 500 Lafayette Road, Box 10 St. Paul, MN 55155 Dear Mrs. Mularie: The City of Monticello is supportive of the grant application submitted by the Wright County Parks Department to the Department of Natural Resources Local Grants Program for the proposed acquisition of the Bertram Chain of Lakes Regional Park. The City of Monticello is also participating in this proposed acquisition not only in verbal support but also in financial support. Due to the regional significance of this project it is our hope to receive significant state funding thru the Local Grants Program as well as state financial assistance thru the 2008 legislative session. Wright County is one of the fastest growing counties in Minnesota, and with that the city of Monticello has also seen dramatic growth of the last 10 years and with an increase in population and development comes an increased demand for natural resource protection and recreational opportunities. The majority of lakes throughout Wright County are developed, making this property rare not only in Wright County but throughout most of Minnesota. With no development along the shore land, riparian areas, or within the proposed acquisition boundaries, the importance of this acquisition is a high priority in the St. Cloud to Twin Cities' growth corridor. The proposed acquisition is a joint project between Wright County and the City of Monticello and will enhance outdoor recreation and resource protection in this regionally significant area for all community members, visitors, and future generations. Sincerely: Clint Herbst City of Monticello; Mayor Monticello City Hall, 505 Walnut Street, Suite 1, Monticello, MN 55362-8831 • (763) 295-2711 • Fax (763) 295-4404 Office of Public Works, 909 Golf Course Rd., Monticello, MN 55362 • (763) 295-3170 • Fax (763) 271-3272 Council Agenda: 2/11/08 5I. Consideration of Reducing Finance Overtime Hours.. (TK) A. REFERENCE AND BACKGROUND: The five hourly individuals in the finance department have worked 771.50 hours of overtime from January 1 through December 7, 2007, and have added hours since then. Some of the 509 hours of overtime the senior finance officer (Cathy) and senior accountant (Paula) have worked is due to the finance director personnel change, responsibilities for the 2006 audit, the addition of the fiber optics project, and an outdated payroll/financial software system. The time spent on these items should be reduced in the future. The 262.50 hours of overtime spent by the finance assistant/accounts payable (Annie), senior utility billing clerk (Pat) and the finance clerk (Carolyn) are mainly due to work loads and processes. Due to the nature of the processes required for these jobs the amount of time needed to perform these duties will not diminish in the future, with payables being the most time consuming process. The overtime hours and related cost for all these finance positions are as follows: The City not only has the financial cost of excessive overtime, but the employees often feel more stress or pressure when working overtime to get their jobs done, which could lead to health issues or take a toll on an employee's family life or lead the employee to look for employment elsewhere. In addition, if the employee is stressed and trying to get the job done as quickly as possible, it could lead to errors. The finance department discussed the amount of overtime hours to come up with possible solutions to reduce overtime hours and costs. The solution would be to decrease the part-time finance clerk's position hours to 26 to 28 hours a week and remove that position from providing back up for the receptionist position, which takes approximately five hours a week from finance duties. The finance clerk position is a part-time position currently working 30 to 32 hours a week (approximately 5 hours as receptionist). The individual filling this position now would like her hours to be less 30 hours a week but still retain half-time benefits, which require at least 25 hours a week. The second part of the solution would be to create a new position of a part-time payroll/accounting clerk. This new position would work no more than 20 hours a week. This position would take over most payroll duties including a large part of what is being performed Hours Cost Finance assistant/accounts payable 208.50 $6,290.45 Senior utility billing clerk 50.50 15581.66 Finance clerk (pt) 3.50 90.06 Senior accountant 230.00 6,734.70 Senior finance officer 279.00 7,233.22 FICA/Medicare 1,677.65 PERA 1,425.46 Total 771.50 $25,033.20 The City not only has the financial cost of excessive overtime, but the employees often feel more stress or pressure when working overtime to get their jobs done, which could lead to health issues or take a toll on an employee's family life or lead the employee to look for employment elsewhere. In addition, if the employee is stressed and trying to get the job done as quickly as possible, it could lead to errors. The finance department discussed the amount of overtime hours to come up with possible solutions to reduce overtime hours and costs. The solution would be to decrease the part-time finance clerk's position hours to 26 to 28 hours a week and remove that position from providing back up for the receptionist position, which takes approximately five hours a week from finance duties. The finance clerk position is a part-time position currently working 30 to 32 hours a week (approximately 5 hours as receptionist). The individual filling this position now would like her hours to be less 30 hours a week but still retain half-time benefits, which require at least 25 hours a week. The second part of the solution would be to create a new position of a part-time payroll/accounting clerk. This new position would work no more than 20 hours a week. This position would take over most payroll duties including a large part of what is being performed Council Agenda: 2/11/08 by the senior accountant, senior finance officer, and finance clerk and some of the deposit/receipt duties being performed by either the finance clerk or the finance assistant/accounts payable position. The proposed job description of the new part-time position is attached and the duties listed are estimated to take 18 to 20 hours a week to complete. The new part-time position would then allow the current part-time finance clerk to be free to assist the finance assistant/accounts payable position with the her duties including; assisting with accounts payable data entry of liquor invoices and MCC payables, help prepare and enter specific utility type vendors, such as Xcel, Centerpoint etc.; reviewing (proofing) accounts payable statement (comparison of invoices paid); utility billing adjustments; consumption & meter maintenance; assisting with delinquent utilities and receipt processing; help with the daily cash balancing & sale reports for the liquor store; spreadsheet summary of city hall and liquor store receipts; and other miscellaneous duties. She would continue to handle NSF checks/collections and miscellaneous accounts receivable billings. These duties would not only reduce the finance assistant/accounts payable overtime but free up some time for that position to help the senior finance officer and accountant with donation spreadsheets and journal entries, credit applications and employee charge approval spreadsheets, mass update of W -9's (last done Oct. 2004), prepaid journal entries and accounts receivable balancing. Based on 2007 pay rates and assuming the new part-time position is the same pay grade as the current part-time finance clerk, the City would save close to $3,000.00 or more. These savings are based on reducing the overtime hours by 450 hours and finance having 1,196 additional hours from the two part-time positions. The savings is greater if the part-time finance clerk hours are reduced more than 2 hours and more overtime is reduced or as future wage increases take place on the higher paid positions. Another benefit to the City is the extra position would allow finance personnel to learn other finance position job duties to provide back up service in all areas of finance for when individuals are on vacation, sick or leave employment with the City. Al. Budget Impact: The addition of a new part-time payroll/finance clerk was not included in the 2008 budget, but would be funded from the finance department's overtime budget which would be reduced. Overall budget impact would be a cost savings of at least $3,000.00. A2. Staff Workload Impact: This change would result in less overtime worked, less stress, and happier employees. In addition it would provide the opportunity for the finance staff to be able to provide back up support for the finance positions when employees are on leave. Council Agenda: 2/11/08 B. ALTERNATIVE ACTIONS 1. Approve the creation of a new part-time payroll/finance clerk position to work no more than 20 hours per week and adjust the hours of the current part-time finance clerk to approximately 26 to 28 hours/week with no receptionist duties. 2. Do not approve new position and leave hours and position at current status and continue overtime practice. C. STAFF RECOMMENDATION: The City Administrator, Finance Director and finance staff support, Alternative 1. D. SUPPORTING DATA: Worksheet documenting overtime costs and pay estimates for options. New part-time payroll/finance clerk position job description. Finance Overtime From January 1, to December 7, 2007 Hours Cost Finance Assistant/Accounts Payable (Annie) 208.50 6,290.45 Senior Utility Billing Clerk (Pat) 50.50 1,581.66 Finance Clerk (Carolyn) 3.50 90.06 Senior Accountant (Paula) 230.00 6,734.70 Seinor Finance Officer (Cathy) 279.00 7,233.22 Subtotal 771.50 21,930.09 FICA/Medicare 1,677.65 PERA 1,425.46 Total 25,033.20 Reducing finance clerk hours and addition of new part-time payroll/finance clerk Hours Cost Finance Clerk (Carolyn) Reduced 2 hours a week -104.00 -1,783.60 New Part-time payroll/finance clerk (20 hrs/week) 1,040.00 14,140.00 FICA/Medicare 945.26 PERA 803.17 Total 14,104.83 Overtime Reduction if Finance Clerk Was Full -Time Hours Cost Finance Assistant/Accounts Payable (Annie) 180.00 5,430.60 Senior Utility Billing Clerk (Pat) 50.50 1,581.66 Finance Clerk (Carolyn) 3.50 90.06 Senior Accountant (Paula) 100.00 3,016.00 Seinor Finance Officer (Cathy) 116.00 4,843.00 Subtotal 450.00 14,961.32 FICA/Medicare 1,144.54 PERA 972.49 Total 17,078.35 Savings 2,973.52 Part -Time Payroll/Finance Clerk DESCRIPTION OF WORK General Statement of Duties: Performs skilled accounting work, including payroll, data entry, and related duties as required. Supervision Received: Works under the general supervision of the Finance Director. Supervision Exercised: None. TYPICAL DUTIES PERFORMED The listed examples may not include all duties performed by all positions in this class. Duties may vary somewhat from position to position within a class. Sets up and maintains employee records and prepares and updates files for payroll processing. Collects and audits timesheets. Prepares worksheets for data entry. Processes and proofs payroll. Processes tax payments and payroll reports. Generates electronic direct deposits and transmits to bank. Acts as contact with payroll vendors and employees, answering questions and resolving problems including insurance and leave benefits, COBRA, HIPAA, and personnel policy issues related to payroll. Ensures required forms are completed for new and terminating employees. Assist with electronic, general and MCC deposits. Assist liquor store with prior day closeout, balances trays and safe. Prepare and verify daily sales and over/short report for liquor store. Reconcile bank statements for the Department of Motor Vehicles (DMV). Open utility billing mail and sort payments. Take deposits to bank. Assist audit firm with annual audit as requested. Performs other duties as requested by the Finance Director. KNOWLEDGE, SKILLS AND ABILITIES Considerable knowledge of payroll practices and procedures. Knowledge of accounting principles, practices, procedures and financial reporting. Ability to establish effective working relationships with vendors, City staff, auditors and the general public. Considerable ability to analyze and solve problems and perform mathematical calculations. Considerable ability to calculate, type, and enter information with speed and accuracy and to maintain records and documentation. Working skill in operating office equipment including operation of a personal computer, cash register and calculator. MINIMUM QUALIFICATIONS One or more years of experience working with payroll and general ledger accounting, preferably in a computerized environment. Experience in word processing, spreadsheet and database software preferred. Council Meeting - 0211112008 5J. Consideration of replacement of 1 -ton service vehicle for Water & Sewer Department. (J.S.) A. BACKGROUND INFORMATION,: This agenda item involves the replacement of the 1992 Ford F-350 1 -ton dually utility service vehicle. This truck has a utility body and a light duty manual swing crane. The truck is 16 years old and has 107,000 miles on it. The hoist is under rated for the pumps in our newer lift stations, and it also has a manual swing which is hard to control. We often have to bring another truck in to pull pumps at the larger lift stations. At this point in time the truck needs the front suspension and steering re -built. There's no better time now than to update to a new vehicle. a. Budget Impact: In preparation for the purchase we have placed an amount of $50,000 in the Sewer & Water Budgets for the replacement of this vehicle, utility body and crane. The Water & Sewer Superintendent researched the state bids for an F-450 Ford truck cab and chassis (the F-350 is a little light), a fiberglass service body and a new crane. Elk River Ford has the state bid for the F-450 cab & chassis, however, upon checking with Monticello Ford, we found that Monticello Ford will match the state bid for the cab & chassis at $26, 585.87. ABM Equipment has the state bid for the fiberglass service body and the crane. Those prices are $10,858 and $11,662, respectively, excluding taxes. The Sewer & Water Superintendent also researched two other state bids and local dealerships for the F-450 truck and found that the Dodge was significantly higher and that Chevrolet did not have a comparable truck to the F-450 Class Ford. Monticello Ford has offered a trade-in amount of $4,000 for the old F-350. Once we add all the sales tax and other miscellaneous accessories, the total purchase price comes to $49,209.75. Please see enclosed sheets for specifications and detailed prices. b. Staff Workload Impact: The staff workload impact of the new truck purchase will be positive. The higher capacity power assisted crane will allow us to remove pumps from all of our existing lift stations without having to switch to a different vehicle. B. ALTERNATIVE ACTIONS,: 1. The first alternative would be to authorize purchase of a new Ford F-450 from Monticello Ford in the amount of $26,585.87, excluding sales tax, and to either trade the 1992 Ford F-350 and/or sell it to the public, whichever offers the most value to the City, and to purchase the fiberglass body and liftmore crane on the state bid from ABM Equipment in the amount of $10,858.00 and $11,662.00, respectively, excluding sales tax. Furthermore, to authorize the accessories as listed in the enclosed cost detail with the total cost including all sales taxes in the amount of $49,209.75. Council Agenda - 02/1112008 2. The second alternative would be not to replace the 1992 truck, body and crane at this time, but to look at rebuilding the truck, front suspension and steering and rebuilding the rear suspension on the truck for a higher capacity load and purchasing and installing a higher capacity full -power crane. A rough estimate would be in the area of $15,000 to $17,000. C. STAFF RECOMMENDATION: It is the recommendation of the Public Works Director and Sewer & Water Superintendent that the City Council considers authorizing the replacement of the 1992 Ford F-350 sewer & water service vehicle as outlined in Alternative A at an expected cost to the City of $49,209.75. As previously indicated, we have placed an amount of $50,000 in the 2008 Budget for this purchase. This vehicle is essential to the service of our sewer & water infrastructure and time is of the essence in replacing and/or repairing critical portions of those systems. The capabilities of the new vehicle will be significantly above the older one and will increase the reliability of our services to the citizens of Monticello. D. SUPPORTING DATA: Pictures of the existing vehicle and copies of the cost detail, specifications and state bids on the truck and equipment to be purchased. WATER &SEWER COLLECTIONS DEPARTMENT LjATA PROPOSED TRUCK PURCHASE COST DETAIL TRUCK DESCRIPTION 2008 FORD F-450 4 X 4 REGULAR CAB LESS TRADE-IN (1992 FORD F-350) SUB -TOTAL (TRUCK RADIO REMOVED FROM F-350 PUT IN F-450 UNDERCOATING RUNNING BOARDS MUD FLAPS SEAT COVER SUB -TOTAL (ACC MONTICELLO-FORD MERCURY TOTAL COST $ (4,000.00)1 $ 22,585.87 $ 1,468.08 $ 24,053.95 $ 251.64 $ 16.36 $ 268.00 $ 428.17 $ 27.83 $ 456.00 $ 243.19 I $ 15.81 ( $ 259.00 $ 64.79 I $ 4.21 I $ 69.00 $ 112.68 I $ 7.32 I $ 120.00 $ 1,100.47 $ 71.53 $ 1,172.00 2008 BRAND FX FIBERGLASS SERVICE BODY SUB -TOTAL $ 11,563.77 $ 10,858.00 $ 705.77 $ 11,563.77 2008 3200 REE -15 LIFTMORE CRANE SUBT-TOTAL (CRANE) GRAND TOTAL (TRUCK -ACCESSORIES -BODY -CRANE) F:V+DMIMWo dP—c AGENDA\2008\SUPPORTING DATA - 2008 TRUCK PURCHASE - S&W DEPT -021108 2/7/2008 $ 12,420.03 $ 11,662.00 $ 758.03 $ 12,420.03 $ 46,206.34 $ 3,003.41 $ 49,209.75 CNGP530 VEHICLE ORDER CONFIRMATION 2Oo�d�L/na in•ea.n� 2008 F -SERIES SD Order No: G449 Priority: C4 Ord FIN: QY779 Ord PEP: 650A Cust/Flt Name: MONTICELLO PW RETAIL e e 8643 Pag Order Type: 5B e 1. 8 PO Number: F47 F450 4X4 CHAS/C 4;31195 X8L 4.88 LTD SLIP 55P .PASSNGER AIRBAG 141" WHEEIaBASE TOTAL JOB #3 BUILD DX DK BLUE PEARL TOTAL FRT LICENSE BKT " 1 Cl,TH BNCH WARM 160' 16000# GVWR PKG S MEDIUM STONE 41H ENG BLK HEATER 650A PREF EQUIP PKG 425 50 STATE EMISS TFB .225 BSW AS 19.5 .XL TRIM 47Z AMB PKG NOT REQ F1=Help .TELE TT MIR -MAN Order SPARE TIRE/WHLQ RETAIL $360 NC NC NC 350 55D .DRIVER AIRBAG NC 55P .PASSNGER AIRBAG NC TOTAL BASE AND OPTIONS 35605 587 .AM/FM STER/CLK NC TOTAL 35605 .AFT AXLE TANK *THIS IS NOT AN INVOICE* 99Y 6.8L EFI V10 EN NC 44T 5 -SPD AUTOMATIC 1490 * MORE ORDER INFO NEXT PAGE TFB .225 BSW AS 19.5 NC F8=Next F1=Help F2=Return to Order F3/F12=Veh Ord Menu F4=Submit S006 - MORE DATA IS AVAILABLE. QC09354 04 7ro�/ = , he_iael (Lown)) ,�D�1✓I�LC�S� CNGP530 VEHICLE ORDER CONFIRMATION 01/31/08 10°46:56 --� Dealer: F58643 2008 F-SERIES So Page: 2 of 2 Order'No: G449 Priority: C4 Ord FIN: QY779 Order Type: 5B Price Level: 835 Ord PEP: 650A Cust/Flt Name: MONTICELLO PW PO Number: RETAIL RETAIL ,W14" {+H 572 AIR CONDITIONER $850 *THIS IS NOT AN INVQICE* 4� Ik 61J JACK NCe,.91T TOWCOMMAND SYS 230 , U du% Ci i R PDA tP rnNTMDnT 7 r. vvu ouLtG-yyW ..VLY 11\V1JJ.J C\ Jy Tav� 942 DAY RUNNING LTS 45 949 HYDRO BOOST BRK NC SP DLR ACCT ADJ SP FT,T ACCT CR 13 U.S. GAL GAS B4A NET INV FLT OPT NC PRICED DORA NC DEST AND DELIV 925 TOTAL BASE AND OPTIONS 35605 TOTAL 35605 F1=Help F2=Return Lo Order F4=Submit 5099 oP=SS F4 TO SUEbaT V�& I b w F7=Prev F3/F12=Veh Ord Menu QC09354 r p 3Vd ETNE e HOP 5143-8337 952-938-5451 FAX 952-938-0159 Equipment & Supply WATTS 800-229-5451 www.abm-highway.com Custom Truck Equipment for the Utility, Construction, Municipal and Refuse Industries Quotation # 013108-054 Matt Theisen City of Monticello 909 Golf Course Rd Monticello, MN 55362 Dear Matt, January 31, 2008 In response to your request for pricing on a fiberglass service body, crane and accessories, I am pleased to quote you the following per State of Minnesota Contract # 437071. STATE OF MINNESOTA CONTRACT # 437071 BRAND FX FIBERGLASS SERVICE BODIES Model 60 Dual Contoured Price Installation CA Dimension 60" Body Length 108" Body Width 94" Body Height 42" Compartment Depth 20" 3.0 COMPARTMENT SHELVING 3.5 Pullout drawer on slides — S1 (7", 5", 3", 3", 3") Drawers are 20" W x 16" L (5 @ $131 ea) 3.6 Dividers for pullout drawers (4" centers) (5 @ $47 ea) 3.9 (3) adjustable fiberglass shelves with removable dividers — C 1 Misc. Top shelf on drawer cabinet 7.0 COMPARTMENT ACCESSORIES 7.2 Locking swivel hook (per hook) — S3 (0-3-0) (3 @ $21 ea) 7.8 Fibreglo flexible tubular lighting on 3 sides of compartment (6 @ $ 59 ea) 8.0 FLOORING 8.1 3/16" aluminum treadplate floor 9.0 CRANE REINFORCEMENT 9.1 Crane reinforcement for 10,000 ft lb crane — C3 10.0 EXTERIOR BODY ACCESSORIES 10.22 Furnish and install electronic backup alarm (Preco model 1040 or equal) BRINGING YO U THE BEST NAMES IN THE B USINESS An Equal Opportunity Employer $ 4.594.00 $ 551.00 $ 655.00 $ 235.00 $ 200.00 $ 40.00 $ 63.00 $ 354.00 $ 300.00 $ 971.00 $ 84.00 Quotation # 013108-054 -2- 11.0 TAILGATES 11.1 10" aluminum tailgate with automotive style latch 12.0 BUMPERS January 31, 2008 $ 230.00 12.2 Galvanized sure step with pintle recess $ 368.00 12.5 Installation of bumper $ 131.00 13.0 BUMPER ACCESSORIES 13.5 Class IV receiver hitch installed and reinforced for towing (includes adjustable hitch plate) $ 368.00 22.0 MISCELLANEOUS Misc. Dimension Unlimited # 12U12U 1,200 watt inverter installed in C3 compartment $ 1,089.00 23.0 GELCOAT PAINT 23.2 Paint body in lieu of gelcoat $ 625.00 12. CRANES Make And Model 320OREE-15 Power rotation and power boom elevation and power boom extension from 7 ft to 11 ft with manual extension from 11 ft to 15 ft includes anti two bock $ 8,893.00 Installation of Crane per Spec 12.3 $ 400.00 12.0 OPTIONS 12.1 Boom rest $ 63.00 12.4 Add leaf springs to crane side of chassis at rear $ 535.00 12.10 Manual out both sides, drop down/crank down outriggers for 94" wide body $ 715.00 12.11 Installation of manual outriggers $ 236.00 WIRELESS CONTROL SYSTEM FOR ELECTRIC CRANES WITH ON/OFF CONTROLS 12.12 The mini radio system (maintains the use of the standard pendant) $ 820.00 TOTAL AS DESCRIBED (less tax) $22,520.00 Thank you for considering ABM Equipment & Supply. I hope with the enclosed information, you will be able to place this business with us. Should you have any questions or need any additional information, please do not hesitate to contact me. Sincerely, Ron Zimmer Sales Representative _ `__ __ ''_�' _~~._ _`-~~-~__~~.--� \ � --� � ! H�K x ��� = B3 20 _ I _ 40 ( Z3 —" Mi19 ni-Truck FB -83 33 Fits 37-51 " CA's - 96 - t-- - - FB 56 LP 33 Low Profile NEI 53 _�36 CA FB -56 Dual Rear Wheel Available up to 24" deep FB -6a -Dual Single Rear Wheel Available z. FB -84 -Dual Low Profile rp FIBRE BODY 44 + 21—+ e 40 E3 m = s3 s6 _ CA • 35 -•� 44 = 28- 40 6--40 57 ' 60 CA 131 33 1/2ale 25 1/2 -�= 44 40 m E i - 81 _ 84 CA Fibre Body Industries, Inc. 404 4th Ave. West P.O. Box G Swea City, Iowa 50590 (515) 27�-4372 • FAX (5 15) 272-4218 65 1 + 15 -0-15 35 -«1 021 00 o0� I 33 i 76 3/4 + t S �► 15 ++- 48 3/4 --� 00 t 00 o i I 33 r- 00 r•- 1 B +� 18 +� 54 000 28 1B'1 18 t 20 0A00 7 90 54 ABM Equipment & Supply, Inc. 333 2nd Street NE Hopkins, MN 55343-8337 -Metro 938-5451 Outstate 1-800-229-5451 Fibre Body Industries, Inc. 715 Katy Road P.O. Box 508 Keller, Texas 76244 (817) 431-3334 0 FAX (817) 431-3822 00 r 40 78 3/4 + 15 + �15 46 3/4 000 1 27 00 40 00 r•- 1 B +� 18 +� 54 000 28 1B'1 18 t 20 0A00 7 90 54 ABM Equipment & Supply, Inc. 333 2nd Street NE Hopkins, MN 55343-8337 -Metro 938-5451 Outstate 1-800-229-5451 Fibre Body Industries, Inc. 715 Katy Road P.O. Box 508 Keller, Texas 76244 (817) 431-3334 0 FAX (817) 431-3822 00 r 40 ;LIFTMOORE 3200 CRANE io�'c'�G3oi�c�RATING WITH POWER OPTIONS The Model 3200 Liftmoore is a very versatile unit that can bee ed with 1 EPP""'Ra" NG SPP power options U (J 1 -1 for maximum operating ease. Power boom elevation allows remote control of the boom She angle. Power rotation makes handling heavy loads safer. Power boom extension makes ANSI precise load spotting easier. Two extendable boom lengths are offered. One extending from 7'-1 P and one from 7'-1 P and 11'-15' in two stages. The crane can be ordered Anti with any combination of these options. Two Block The three standard Models with power features are: 1. Model 3200EL with power hoist and power boom elevation, manual extension and rotation. 2. Model 320OREL with power hoist, power boom elevation and power rotation, manual boom extension. 3. Model 320OREE with power hoist, power boom elevation, power rotation and power boom extension from 7' to 11, With its 10,000 ft. -lb. moment rating and 3200 lb. maximum load the 3200 has the strength to handle many field service }obs. For over 30 years,Liftmoore has produced the best crane value available. Contact your distributor or Liftmoore for more details about our cranes. Planetary Gear Winch Drum meets ANSI Ratio Requirement Hydraulic Motor F/Power Rotation IFTMOORE I., =-'111 1 Up to 8000 lb. Capacity Cranes 114" GAC Traveling Block w/hook and Safety Latch. Meets ANSI Standard Power Extension 7-11 It, Intemal Mounted Cylinder Model 320OREE-15 (Shown) Remote Pendant Control WARNING: Lif noore Cranes Are Not To Be Used To Lift, Support Or Move Personnel V Power Boom Elevation Electric Hydraulic Pump Tapered Roller Bearings LIFTMOORE, INC. 11505 Todd Houston, Texas 77055 FAX (800) 824-5559 (USA & Canada) FAX (713) 688-6324 (713) 688-5533 3000 'b 2000 O a d 1000 0 0 0 2 4 6 8 10 12 14 Load Radius 3200 SPECIFICATIONS 27.50 \�\ 7.50 1s.00 — 3.s0 12.10 Moment Rating: 10,000 ft. -lbs. Lift Capacities: 0 oq v e J I 17.25 7.34 -- 13.00 *3200 lbs. @ 3 ft. 909 lbs. @ 11 ft. *2500 lbs. @ 4 ft. 769 lbs. @ 13 ft. 1428 lbs. @ 7 ft. 666 lbs. @ 15 ft. 1111 lbs. @ 9 ft. * Use the traveling block provided and double line hookup for loads greater than 1600 lbs. Boom: Standard length 71 to 11' (manual or powered). Optional length 7' to I P (manual or powered with 1 1' to 15' manual extension. Angle varies from - 50 to + 750, Winch: Efficient planetary gear drive powered by 12 volt D.C. permanent magnetic motor. Winch is controlled by 12 Molt D.C. Electric Contactor controlling hoist up and down operation. Winch drum to wire rope ratio meets ANSI requirements. Winch Performance (First Layer) Load Hook Speed Electrical Load (Pounds) (Ft. per Minute) (AMPS) 1,000 14.5 75 2, 000 * 7.1 80 3,200* 6.5 110 *Double line hookup Winch Cable: '/a" Galvanized aircraft cable 62 ft. long is supplied with traveling block for double line operation. Break- ing strength of cable is 7,000 lbs. Power Cable: Supplied with the crane is a 25 Ft. battery power cable with quick disconnects, a ground wire, a 150 Amp circuit breaker for mounting near the battery and a master cutoff switch to be mounted near the crane. LU TMOORE, INC. 11505 Todd IF'TMOORE Houston, Texas 77055 FAX (800) 8245559 (USA & Canada) ' FAX (713) 688-6324 Up to 80001h Capacity Cranes (713) 688-5533 Bulletin 437 11/96 65.00 Rotation: MANUAL: 3200EL is manual rotation with band brake to control swing. POW MD: 320OREL and 320OREE are rotated by a worm gearset driven by a low speed, high torque hydraulic motor. Rotation is 3600 continuous for all models. Both model cranes rotate on tapered roller bearings. Hydraulic System: A 12 volt D.C. electric driven hydraulic pump supplies 1.3 GPM @ 500 PSI. Control of cylinders and motor is by 4 -way solenoid valves, Counter- balance valves are integrally mounted in the eleva- tion and extension cylinders. Remote Pendant: All powered functions are controlled by a remote pendant control that is 3 ft. longer than the maximum boom length. The control is removable to prevent unauthorized use. Anti Two -Block: The 320OREE includes an anti two -block feature that prevents extending the boom against the traveling block and breaking the wire rope. Mounting: Four ''/a" Grade 8 bolts are supplied. Crane mounts on a 15" square base plate with 12" square bolt pattern. Optional Accessories: 30328 Jack Stand, over centering 38030 Manual pull out, crank down Outrigger 30330 Drum Tongs 30681 Pedestal for Pickup Bed 30682 Pedestal for Flat Bed 33097 Load Sensor 33099 Boom Rest Weights: Actual 3200 REE -15 650 lbs. Actual 3200 REL -15 585 tbs. 4 Council Agenda: 2/11/08 5K. Consideration of adopting resolution recognizing the Industrial Development Committee. A. REFERENCE AND BACKGROUND: As requested by members of the City Council at a special meeting on October 8, 2008, the IDC has reviewed various options for formalizing its relationship with the City Council and has unanimously approved establishment of an agreement that defines the relationship between the two organizations. In addition to this unanimous decision, Council Liaisons Herbst and Mayer have been part of the discussion; have reviewed the proposed agreement and support its adoption. As you recall it has been noted by Joel Jamnik that staff investment of time in the efforts of an organization that exists outside of authority of elected officials could be questioned by the State Auditor. Administrator O'Neill had suggested that the effectiveness of our economic development effort could be enhanced by having the IDC report directly to the Economic Development Authority. At the meeting on October 8, City Council discussed options for setting up an organization structure or establish agreements that would formalize the relationship and enhance effectiveness. As noted above, one idea for enhancing effectiveness included making the IDC a subcommittee of the EDA, another idea involved maintaining an independent IDC that operates by an agreement establishing services provided by the IDC to the City. The last option called for the IDC operating completely separate from the City without aid from City staff. At the end of the discussion by the Council on October 8th Wayne Mayer suggested that the IDC itself consider the various options and provide Council with feedback as to its preference. In response to the City Council's request, after input by the City Attorney, and after review of the various pros and cons, the IDC determined that it prefers maintaining a separate identity but operating under an agreement with the City. This option includes a provision that calls for City Council consideration of approval of Committee members. From my vantage point, this agreement was adopted for the following reasons: • The agreement calls for ratification of membership by the City Council which enables the IDC to be covered by the City's liability insurance. In the event of a lawsuit against its membership, the IDC members would be covered. • Open meeting laws will be followed under this new structure. • Establishment of a formal agreement gives the IDC the formal stature needed for City staff to lawfully expend time and resources on IDC projects. • The presence of the agreement and resulting resources provided by the City to support the group's efforts results in a greater likelihood of the long term existence of the organization. • The City will have benefit from the insights and energy of this group as it assists and advises the City in the area of economic development/job creation. This group will Council Agenda: 2/11/08 remain in place and be available to continue to promote and implement projects that bring economic vitality to the City. B. ALTERNATIVE ACTIONS: 1. Motion approving the proposed agreement and associated resolution. 2. Motion denying approval of the proposed agreement and associated resolution. C. STAFF RECOMMENDATION: Staff recommends alternative 1. D. SUPPORTING DATA: Copy of resolution. CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION RECOGNIZING THE INDUSTRIAL DEVELOPMENT COMNIITTEE WHEREAS, the City Council is authorized to create advisory boards for the City as deemed necessary for the proper management and operation of the City by Minnesota Statutes Section 412.111, and; WHEREAS, in 1982 an Industrial Development Committee was formed to operate as an independent organization serving as an advocate to influence and assist industrial development in and for the City of Monticello, and; WHEREAS, the mission of the IDC has been and remains to increase the industrial tax base, to create jobs at liveable wage -levels, and to maintain a favorable and desirable industrial environment in the City of Monticello, and; WHEREAS, the City Council and the Industrial Development Committee have determined it mutually beneficial to more formally recognize the IDC's importance and role in promoting and maintaining industrial development and job creation within the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Monticello: 1. The existence and continuation of the IDC is hereby recognized by the City Council. 2. The IDC as an independent organization shall make recommendations, advise, and assist the City Council, the Economic Development Authority, and other City boards and commissions on matters relating to industrial development and job creation and retention. 3. The IDC shall select and confirm all committee members by a majority of vote of its membership for recommendation to the City Council for Council appointment. 4. The City Council shall appoint the Mayor and a Council Member to the IDC as non-voting members and shall appoint the Economic Development Director as the Executive Director of the IDC as a non-voting member. The Executive Director is under the direction of the City Administrator and the City Administrator may assign other support staff to the IDC as needed. 5. The IDC shall hold regular meetings the first Tuesday of each month at 7:00 a.m. in the Monticello Community Center. Special meetings may be called by the Chairperson and Executive Director. 6. The IDC committee size, make-up of the committee, officers, length of membership term, and attendance shall be governed in accordance with the Monticello Industrial Committee Organizational and Membership Guidelines. ADOPTED this day of February, 2008, by the City Council of the City of Monticello. ATTEST: Dawn Grossinger, Deputy City Clerk Z Clint Herbst, Mayor City Council Agenda - 02/11/08 5L. Consideration to approve the appointment of members to the Industrial Development Committee. (O.K.) A. Reference and background: Given the adoption of the resolution recognizing the Industrial Development Committee by the Council in the preceding agenda item and accordance with the resolution: The IDC shall select and confirm all committee members by majority of vote of its membership for recommendation to the City Council for Council appointment. The committee size of the IDC is governed by the Monticello Industrial Development Committee Organizational and Membership Guidelines which states: While there is not set or definite size established, it is generally understood that the committee will not exceed 16-18 members. The committee is make-up of members who must either work or reside in the community of greater Monticello. Individuals who are involved in an occupation or profession that provides services to the community of Monticello but is not headquartered within the community may also serve as members of the committee. The members shall serve for three year terms on a three year rotating basis so that approximately one-third of the membership expires each year. Individuals wishing to continue serving on the committee may so indicate prior to the expiration of their term. Any member wishing to -relinquish -his/her position on the IDC may do so by submitting a letter of resignation. The following is the list of IDC members and their terms which were selected and confirmed by a majority vote of its membership. The IDC therefore recommends the City Council approve the appointment of these individuals as members of the IDC: MEMBERS PROFESSION TERM Bill Tapper Industrial, Manufacturer December 2008 Jim Johnson Education December 2008 Patrick Thompson Service, Utility December 2008 Barb Schwientek Member -At -Large December 2008 Don Tomann Industrial, Manufacturer December 2008 City Council Agenda - 02/11/08 Rich Harris Industrial, Manufacturer Dick Van Allen Industrial, Manufacturer Dan Olson Service, Insurance Marshall Smith Health Care (effective April 2008) Zona Gutzwiller Wayne Elam Don Roberts Lynne Dahl -Fleming Mike Benedetto Sandy Suchy Service, Lender Service, Contractor Industrial, Manufacturer Service, Print/Marketing Member -At -Large Chamber December 2009 December 2009 December 2009 December 2009 December 2010 December 2010 December 2010 December 2010 December 2010 Standing Member As you recall in January 2008, the City Council appointed Mayor Herbst and Council Member Wayne Mayer as non-voting members of the IDC (Liaison). Hereafter, IDC members will be appointed by Council at the first meeting in January of each year consistent with other annual appointments. B. Alternative Action: 1. A motion to approve appointment of members to the Industrial Development Committee as recommended by the IDC. 2. A motion to deny appointment of members to the Industrial Development Committee. 3. A motion to table any action. C. Staff Recommendation: With a good mix of community representation and consistent with IDC recommendation, the City Staff recommends Alterative No. 1 . D. Supporting Data: Copy of the Monticello IDC Organizational and Membership Guidelines. 2 MONTICELLO INDUSTRIAL DEVELOPMENT COMMITTEE ORGANIZATIONAL AND MEMBERSHIP GUIDELINES I. Meeting Time and Place:_ Regular meetings are held the first Tuesday of each month at 7:00 a.m. in the Monticello City Hall, Bridge Room. Special meetings may be called by the Chairperson and Executive Director. II. Obiective: As written and adopted by the Annual Industrial Development Committee Action Statement. III. Committee Size: While there is no set or definite size established, it is generally understood that the committee will not exceed 16-18 members. IV. Make-up the Committee: Committee members must either work or reside in the community of greater Monticello. Individuals who are involved in an occupation or profession that provides services to the community of Monticello but is not headquartered within the community may also serve as members of the committee. Standing Committee Members: The City Council shall appoint the Mayor and a Council Member to the IDC as non- voting members. The Board of Directors of the Chamber of Commerce & Industry shall appoint a voting member to the IDC. Citv Staff Members: Non-voting. Administrator of the City of Monticello. Economic Development Director of the City of Monticello. Community Development Coordinator of the City of Monticello. V. Officers: The Chairperson, the Vice Chairperson, and the Secretary shall be elected annually at the January meeting. Length of office term shall not exceed three consecutive years. Minutes of each meeting are the responsibility of the Secretary. Committee correspondence are the responsibility of the Economic Development Director. VI. Length of Membership Term:, Members shall serve for three year terms on a three year rotating basis so that approximately one-third of the membership expires each year. Individuals wishing to continue serving on the committee may so indicate prior to the expiration of their term. Any member wishing to relinquish his/her position on the Industrial Development Committee may do so by submitting a letter of resignation. 2007IDCORG&GUIDELINES IDC ORGANIZATIONAL/MEMBERSHIP GUIDELINES. PAGE 2 VII. Filling a Vacant Position: A list of potential committee members shall be kept by the Executive Director. The Industrial Development Committee must confirm all new members by a majority vote. VIII. Membership Attendance: In order to make a positive contribution to the committee, each member is expected to attend at least 75% of the meetings in any given year. A year is defined as beginning on the 1 st of January and ending the 31 th of December. 2007IDCORG&GUIDELINES Council Agenda: 2/11/08 7. Consideration of approving a contract for Engineering Design and Construction Inspection services for the Citv's Fiber Optic Network. (BW, JS, CS) A. REFERENCE AND BACKGROUND: On October 8, 2007, the City Council unanimously authorized sending out a Request for Proposal for Engineering Design and Construction Inspection services for the fiber optics network. The City sent out the RFP to 15 companies that had expressed interest in providing such services for our network. We held a question and answer session with all interested companies prior to the bid deadline. We received eight bids that met the criteria in our RFP. The RFP Review Team (Doug Dawson, Milda Hedblom, John Simola, Bruce Westby, Wayne Mayer, Cathy Shuman) met several times and narrowed the selection down to four companies, all of which we felt could do the work. Interviews were held with each of those four companies with particular focus on meeting the timeline we had established in the RFP. Following a wrap-up discussion among the Review Team members, the consensus was to verify information received during the interview process from the two leading respondents and to select the one that would provide the City with the best product within the schedule specified. The firm that was selected is Spectrum Engineering out of Auburn Indiana. Their primary client base has been municipalities, and they have a client retention rate of 97%. Spectrum provides services including design, planning, construction management, systems analysis, and studies for utilities ranging from fiber optics to power to telecommunications. They have a broad variety of experience since their incorporation in 1979. Spectrum is a privately held corporation with six professional registered engineers on staff. They have invested in technology to streamline their work processes and they will use these advances in technology in the Monticello project to accelerate their schedule in coordination with the RFP timeline. The costs for funding the engineering work was estimated at $235,000 per the October 8, 2007 agenda item for approval of the RFP and authorizing sending it out for bids (attached as supporting data). Costs are intended to be covered by reserves and reimbursed out of bond proceeds. The estimated cost in the proposal submitted by Spectrum Engineering is actually below the estimate. This could provide us with the potential to provide additional inspection and/or public relations services as determined necessary by the City. The City Attorney has suggested we price the cost to increase Spectrum's liability insurance from $2,000,000 to $5,000,000. The City will consider that once the price is known. Contract costs are as follows and are detailed in the attached contract: Network Design $1755784 Fixed Fee Construction Bid Package $ 12,040 Fixed Fee Rights of Way $ 5,232 Not to Exceed Fiber Placement Locations $ 141320 Fixed Fee Final Drawings $ 11,520 Not to Exceed Inspection Services $ TBD Standard Hourly Rate Cost for $5,000,000 insurance -vs- $250005000 $ 1,000 Council Agenda: 2/11/08 Per the City's request Spectrum will provide a standard hourly rate for inspection services that includes per diems, mileage, and other expenses previously listed as reimbursable expenses. This rate will be provided to Council Monday evening if available. If the Engineering contract is approved by Council tonight a pre -engineering meeting will be held with Spectrum Engineering and CCG Consultants on Friday morning to coordinate the delivery of engineering related design information such as the City's design standards and construction specifications, digital mapping, contact information for required permit applications, and other information required to ensure that the design and permitting processes begin as quickly as possible and to avoid delays. B. ALTERNATIVE ACTIONS 1. Motion to approve the contract with Spectrum Engineering to provide Engineering Design and Construction Inspection services for the Fiber Optics Network at costs as identified. Approval is contingent on no new issues or major changes occurring prior to signing the contract. 2. Motion to deny approval of a contract for Engineering Design and Construction Inspection services for the Fiber Optics Network at this time. C. STAFF RECOMMENDATION: Staff recommends alternative #1. D. SUPPORTING DATA: Copy of agenda item from October 8, 2007 City Council meeting RFP for Engineering Design/Construction Inspection Services RFP Proposal from Spectrum Engineering Proposed project schedule from Spectrum Engineering Proposed contract with Spectrum Engineering Council Agenda: 10/8/07 8. Consideration of arwrovinpr an RFP for Engineering, Design/.Build services for the fiber optics network and authorize sending out the RFP for bids.. (JO, CS) A. REFERENCE AND BACKGROUND: Following the referendum, with a favorable outcome of 74% approval, the City Fiber Optics Committee is continuing the next steps in bringing a city-wide fiber optics network to the community. In order to ensure best possible terms associated with the bond sale, there are a number of items that should be prepared prior to the actual bond sale. These items that are best completed prior to the bond sale include engineering specifications for the design/build; determination of construction costs; operations management; service agreements related to telephone and cable TV programming; and initial development of a marketing plan. A financing meeting this week with Oppenheimer, the underwriter for the bonds, confirmed our role in completing these items prior to the bond sale. The City has contracted with Doug Dawson from CCG and Milda Hedblom from Dain International to provide ongoing consulting services related to the city fiber optics project. At this time, Doug has prepared a Request for Proposal for Engineering Deq'ign services from which to build the fiber optic network. This RFP lays out the detail far an engineering firm to define the specifications`of our fiber optics system. Tonight, we acre asking Council to approve the RFP and authorize sending out the RFP for bids._ The consulting work on the RFP is covered in the 2007 budget (and is reimbursable from bond proceeds). The cost of advertising and funding the engineering work as defined in the RFP is an upfront cost that will be reimbursable from bond proceeds. It is proposed to cover these costs from reserves until we receive the bond money. Estimated casts $235,000. The specifications defined by the engineers in the. design/build process will be used to develop requests for proposal for construction equipment, fiber installation and other aspects of the overall project. These contracts and related activities are reflected in the items below. The estimated cost for these items is at $245,000. Engineering of the outside plant network, per the RFP Development of detailed timeline and GANTT chart Design of the head end building Survey & initiate construction of the head end building in 07 RFP to select the FTTH equipment vendor RFP to select a voice switch RFP to select a construction contractor for the network Regulatory filings including interconnection Selecting an operations partner (BHC or BVU) General Manager selection & begin contract Consulting work to secure the bond Work space & equipment for initial employees Rights-of-way for fiber construction Council Agenda: 10/8107 It is common to cover preliminary project costs in advance of receiving bond proceeds. Adopting a reimbursement resolution is a provision far recapturing costs associated with a specified project. Such a resolution was adopted by Council in April of 2007 for the city fiber optics project. The anticipated bond sale in spring of 2008 will provide the City with the means of recovering reimbursable costs and replacing the reserves from which we would borrow. Our financial advisors on the project, Springsted Inc, recommend that the City follow this process for maximizing our opportunities when the revenue bonds are sold. Quality information and concrete data that we provide to the investors will result in better rates for the City and less risk to the investors. S. ALTERNATIVE ACTIONS 1. Approve the RFP for Engineering Design/bid/build services for the fiber optics network and authorize distribution of the RFP. In addition, authorize use of reserves to cover design costs to be reimbursed with interest from bond proceeds. I ... t - Under this alternative the request for proposal -can be distributed.to engineering firms with the assurance that the design portion of the project is moving forward. A team of city representative derived from the Task Force will be brought together to review the proposals. 2. Do not approve the RFP for Engineering Design/Build services for the fiber optics network at this time. 3. Do not authorize sending out the RFP for bids -at this time. C. STAFF RECOMMENDATION: The City Administrator and Fiber Optics Committee support alternative 1. D. SUPPORTING DATA: FTTP Design 0 Construction Management RFP Monticello, Minnesota Fiber to the Premise Design / Construction Management RFP November 14, 2007 City of Monticello Page 1 of 20 FTTP Design / Construction Management RFP 1 Introduction The City of Monticello, Minnesota is preparing to install a Fiber -to -the -Premise (FTTP) broadband communication system capable of meeting long-term residential, commercial, industrial and civic needs in our community. The installation of a modern and robust technology infrastructure will enable Monticello to provide its residents and businesses with state -of -the art services such as full -featured cable television, high-speed Internet access and the opportunity to provide telephone as well as other high-tech communication offerings. The City will be seeking to finance the system through tax-exempt revenue bonds. Project Overview This project began in 2005 with the creation of a Fiber Task Force. This Task Force met to define broadband issues and to make recommendations to the City Council on broadband issues. In 2006 the Task Force hired CCG Consulting to prepare a formal recommendation and a financial business plan for launching a fiber business in the community. The CCG study included an extensive residential customer survey that showed a strong support for the City to develop a competitive broadband system. In September this year there was a referendum asking voters to approve the construction of a telephone exchange. The referendum passed with a 74% approval. The City is currently in the process of acquiring revenue bonds to pay for the system. The City of Monticello is now inviting interested and qualified Firms to submit a proposal for the design and construction management of our planned FTTP network. The FTTP network will initially encompass the City limits of Monticello but the design should consider the City's Comprehensive Plan to expand in the future. This RFP is specifically for engineering services to design a fiber network throughout the City of Monticello and to then manage the construction of the network. It is anticipated that the winning Proposer would be responsible for: Assist in creating an RFP or bid document and selecting a FTTP equipment vendor. Design a fiber network for every street within the City. It is anticipated that the network will be 10^v% underground, either direct buried or in conduit. The design will include fiber to reach every premise but not drops or equipment at customer sites. The design will include all FTTP electronics, splitters, huts and other items needed to make the fiber network functional. Our anticipation is that the design process will occur as follows: The engineer will design a network based upon the best information available and then work ahead of the construction crews to verify buried placement. The City also has a comprehensive growth plan and the fiber design should address expansion and future growth of the City and the network. Prepare bid package to use for hiring a construction company including construction drawings, specifications, detailed materials specifications and quantities. City of Monticello Page 2 of 20 Develop and manage the construction bidding process to hire a construction contractor. ® Identify and make applications for all needed permits and rights-of-way for all construction, RR crossings, water crossings, and interstate crossings. The City will be responsible for easement acquisition and easement documentation. Identify all locations for laying fiber (direct bury and conduit). Assist the City during the construction process. This engineer's role will be to make certain that the construction meets all design and operational specifications. The exact role for the Proposer in this work will be defined during discussions with the City. ® The City will provide construction observation and surveying. The survey will include obtaining GPS locations for the installed facility. This information can be used by the Proposer in the preparation of as -built drawings. Revise construction drawings and provide final as -built drawings to the City showing the completed network, as constructed, including type, depth, location, and dimension. The as -built mapping must be supplied as four (4) mylar copies and also electronically in AudoCad so that it can be incorporated into the City's utility mapping systems. ® The engineer will also be expected to assist in the vendor selection process for choosing a CATV headend and voice switch. ® As an option, the Proposer may bid to perform purchasing and warehousing of materials during the construction process. Otherwise, these functions will be deferred to the construction contractor. The RFP does not cover any of the following: Design and construction of the headend building. Design and installation of a voice switch. Design and installation of a cable TV headend. Design and installation of a data headend. Customer drops and customer electronics (other than helping to select the vendor for settop boxes and for ONTs (Optical Network Terminals)). The City has done an extensive amount of study into the feasibility of building a fiber system in the City. For a copy of the official feasibility report see: http://www.monticellofiber.com/study.htmi As part of that study the City has done some additional engineering work to be more certain of the cost of building the network. This pre -engineering work produced the following findings. Please note that this information is provided to give potential bidder's an idea of the scope of the project and the City does not vouch for the validity or accuracy of any forecasted numbers. At the time of the pl e -el lgll leel 11 Ig (early 2007) tl le C�tjl� had. 0 4,242 single family homes 185 single businesses 0 23 vacant lots for businesses 0 38 Multi Dwelling units (MDUs) that includes 911 residences 0 39 Multi -tenant business buildings that includes 157 businesses The entire network should be underground, either direct buried or in conduit. The core network (fiber feeder) would consist of approximately 18.8 miles of fiber consisting of 9.2 miles of 288 count fiber and 9.6 miles of 48 count fiber. City of Monticello Page 3 of 20 The preliminary study estimated that the fiber distribution network would consist of approximately 25.5 miles of fiber including 2.2 miles of 216 count fiber, 16.7 miles of 96 count fiber, 1.1 miles of 72 count fiber and 5.5 miles of 48 count fiber. ® Average drop length (the distance from the street to the average home or business in the City) was determined to be 120 feet. ® The City is concerned with keeping the public right-of-way clear and hand -holes should be kept at a minimum but are necessary as places where fiber must be pulled. Construction should use pedestals wherever possible. ® The network design should consider a 1:32 split. The City is currently working to identify the site for the headend. In preparing a fiber design the Proposer should consider the following requirements: Locating wire must be installed with the fiber network. Warning tape must be must be installed with fiber network 12 inches below final grade, except when directionally bored. ® City approved marker signs must be installed along the core fiber network at intervals of 500 feet in urban areas, at 2,000 feet in rural areas and at sharp bends. fq. �•. - Yom, •. i}-% t� Y�S I V� 4:.. �Y }.! The City of Monticello is 6.2 square miles in size. Most of the city consists of residential housing with separated areas for commercial and industrial activity. Monticello is a city in Wright County, Minnesota. The population was 7,868 at the 2000 Census, and, according to recent estimates, has grown to over 11,000. The community is home to Xcel Energy's Monticello Nuclear Generation Plant. In anticipation of continued population growth, Monticello created a comprehensive growth plan in 1996. In 1999, a new high school was constructed to accommodate increasing numbers of students, and a new Community Center was constructed to enhance the lives of residents of all ages. A new interchange was completed in 2006 on the east end of town, allowing residents full access to Interstate 94 from County Road 18. Since 2002, many retail outlets have been constructed, including a Wal-Mart Supercenter, a SuperTarget store, a Muller Family Movie Theatre, The Home Depot, Applebee's, Taco John's and an Arby's. This planned growth has also brought new auto dealerships, hotels, and industrial development. Monticello continues to attract new construction and business opportunities. A 2004 annexation agreement with Monticello Township is expected to help sustain Monticello's growth for the next twenty years. The proposal should be prepared simply and economically, providing straightforward and concise descriptions of the Proposer's capabilities to satisfy the requirements of the RFP. False or inaccurate information will result in the rejection of the proposal. Once the bid has been City of Monticello Page 4 of 20 submitted, material, process, design changes or product substitutions may not be made without prior written consent of The Owner. The bid title for this project is "FTTP Design / Construction Management RFP." Please note the following definitions of terms as used in this RFP.. Contractor— Individual or firm, to which the City of Monticello awards the contract. Owner — City of Monticello Proposer— Individual or firm, including any and all subcontractors, who submit a formal proposal and which may or may not be successful in being awarded the procurement. Request for Proposal — The solicitation of a formal technical and cost proposal, including qualifications statement. 4.3 Examination of Documents Proposers should carefully examine this RFP. It is the Proposer's responsibility to become familiar with the community of Monticello and other factors that may impact the FTTP network design and construction. It will be assumed that the Proposers have done such inspection through examinations, inquiries and investigation. Proposers shall address all items as specified in this RFP. Failure to address specified items may disqualify a Proposer from further consideration. Submission of a proposal shall constitute evidence that the Proposer has made all the above-mentioned examinations and is free of any uncertainty with respect to conditions which would affect the execution and completion of this project. 4.4 RFP Modifications The Owner reserves the right to modify or change any information presented in this RFP as more information becomes available or as architectural/technological details are further defined. Any RFP modifications will be provided to all potential Proposers in a letter or by email. HUNSTEW =* The Proposer shall be fully responsible for all costs incurred in the development and submission of the proposal or any other costs incurred by the Proposer prior to issuance of an agreement or contract. The Owner shall not assume any contractual obligation as a result of the issuance of this proposal request, the preparation or submission of a proposal, the evaluation of proposals or final selection. City of Monticello Page 5 of 20 R' '�s , �:jj� 1111111111111111 •, �_ �:e All inquiries and requests for information affecting this RFP must be submitted in writing by fax or emailed to: Email:Cathy Shuman City of Monticello Cathy.Shuman@ci.monticello.mn.us • 295-4404 1, •' 4.7 RFP Submission RFP responses must be received no later than 5:00 P.M. on December 19, 2007. All RFP's must be clearly marked "FTTP Design / Construction Management RFP". Responses received after the submission deadline will not be considered and will be returned unopened if the Proposer is identified on the envelope. 4.7.2 RFP Deliverables Four (4) original hardcopies and one (1) electronic copy in Microsoft Office (Word, Excel, PowerPoint, Visio) and/or Adobe Portable Document Format (PDF) of the RFP response must be delivered in a sealed package on or before the due date, and must follow the format indicated in Section 4.7.5 "RFP Format" of this document. Faxed RFPs will not be considered. Submit responses to: Cathy Shuman Senior Finance Officer City of Monticello 505 Walnut Street, Suite 1 Monticello, MN 55362 Phone (763) 271®3204 4.7.3 RFP Questions All questions pertaining to this RFP must be submitted in writing by fax or email to: Cathy Shuman City of Monticello Email: Cathy.Shuman@ci.rnonticello.mn.us Fax: (763) 2954404 Any written questions from bidders must be received no later than December 5, 2007. Questions and or requests for clarification received after this deadline will not be considered. The City will provide written answers to all questions and circulate the questions and answers to all bidders who have completed Exhibit 1. Monticello will also hold a conference call to answer questions from prospective bidders. Firms completing the Exhibit 1 showing intent to bid will be invited to this call. The call is optional and all questions asked on the call will receive written responses vine related to all notential bidders no later than one IA/eek City of Monticello Page 6 of 20 before the RFP is due. Note that any responses given on the call will be preliminary answers and the follow-up responses in writing from the City will be considered as the official answers from the City. 4.7.4 Schedule of Activities The Owner has established the following schedule: Issue Design / Construction Management RFP Submit signed Exhibit I Optional conference call to address questions Final acceptance for Proposers' questions RFP responses due Select engineering firm Begin project design November 14, 2007 As soon as possible after receipt Week of November 26 December 5 December 19 TSD 30 days after Selection In order to facilitate timely and fair evaluation of RFP responses, a standard response format has been developed and is documented in this section. All Proposers are required to format their RFP in a manner consistent with the guidelines below: Section Topic Letter of Transmittal 2 Table of Contents 3 Executive Summary 4 Proposer Information 5 Construction Requirements 6 Scope of Services 7 Pricing 8 Additional Information The topics must be organized under the specific section as stated above and indicated appropriately. Each topic must be addressed in the Proposer's response or the response may be rejected. A person, who is authorized on behalf of the Proposer, must sign the original RFP document in ink, and include their title and position within the firm. 3� The Owner shall use its best efforts to preserve the confidentiality of any business proprietary or confidential information submitted by the Proposer which is clearly designated as such by the Proposer. Given that The Owner is a municipality, it has commitments and obligations subject to "freedom of information" laws or similar statutory disclosure requirements. The Owner is subject to full compliance with these laws and statutory requirements. Compliance with these laws or statutes shall be deemed not to constitute a City of Monticello Page 7 of 20 breach of requested confidentiality of a given proposal response to the RFP. If the respondent would like the City to sign an Non Disclosure Agreement (NDA) such document much be presented to the City in sufficient time before the due date of the RFP in order for the City to consider the NDA. Note that even if the City signs an NDA it does not relieve the City of some legal requirements to disclose information. The proposal shall be binding upon the Proposer for one hundred and twenty (120) days after the proposal due date. The Proposer may withdraw or modify their proposal at any time prior to the due date upon written request, signed in the same manner and by the same person who signed the original proposal. 4.10 Exceptions Proposers agree by their proposal to the RFP requirements to abide by the procedures set forth therein. Material modifications in the description or responsibilities of the parties will not be accepted. 4.11 Proposal Disposition Any proposals received in response to this RFP shall become the property of Owner. Owner will evaluate each respondent's information to successfully determine the right firm for the project. Monticello will be the sole judge and have complete discretion in selecting the successful Proposer and awarding the contract. 4.13 Ev aluaUon Criteria The Owner will evaluate each response and make judgment based on the following criteria in no particular order: Conforming to the RFP and project approach Qualifications and experience of the company and key staff Ability to perform and financial stability of the Firm ® Unit costing and pricing for the project Project timeline ® Any other related factors as deemed critical by The Owner All materials and documentation submitted for pre -qualification will be considered part of the Proposer's response. If for any reason Owner and the winning Proposer cannot execute an agreement, Monticello will re-evaluate the remaining firms and select the next qualified Proposer. City of Monticello Page 8 of 20 FTTP Design / Construction Management RFP 5.1 Letter of Transmittal The Owner is requiring intent -to -respond reply from each firm that intends to respond to this RFP. Please complete Exhibit I and return it as soon as possible after receipt of the RFP. When the Proposer submits RFP response, please provide a one- or two-page Li CII IOI i IILLC31 Icuci wuei Lift', iunvvvn iy. ® A brief statement of the Proposer's understanding of the project; ® Highlights of the Proposer's qualifications and ability to perform the project services; ® The name, title, phone number, fax number, e-mail address, and street address of the person in the Proposer's organization who will respond to questions about the RFP. 5,2 Executive Summary Provide an executive summary (no more than 2 pages) with the following: Why The Owner should consider the Proposer to provide design and construction services; 0 Advantages of Proposer's solution; ® Synopsis of Proposer's solution specific to this RFP. W Provide an overview including the following information about your Company: ® Company name, date established, number of employees, business address, phone number, fax number, e-mail address; Brief statement of the Proposer's background, demonstrating longevity and financial stability; ® Strategic partnerships; Lines of business conducted by company; Description of any recent mergers or acquisitions. 5.3.2 Financial 'viability Please provide information as to the financial viability and stability of your firm. How long have you been in business? Provide financial statements or other verification for the most recent fiscal year. 5.3.3 Project Experience Describe all FTTP Design, Design / Build, and/or Design / Construction Management projects your company has been involved with during the past City of Monticello Page 9 of 20 three years. The Owner may contact other project owners as references. Include the following for past projects: ® Customer name and contact information (phone and e-mail address); Type of customer (developer, rural telephone, electric utility, MSO, municipality, etc.); ® Contract start and finish dates; Size of project (estimated number of connected subscribers: telephone, cable TV, internet); Overall scope of the project; Proposer's role in the project; Present stage of the project. 503.4 Insurance Respondents must provide documentation of insurance coverage per the requirements shown in Attachment A. Pursuant to Chapter 6.551 of the Minnesota Statutes, the successful respondent will be required to maintain all books, documents, account records, and other evidence relating to work performed under an Agreement pursuant to this Request for Proposal and to make such material available at respondent's office at all reasonable times during the Agreement and for up to six years thereafter for audit or inspection by the City, the State Auditor, or any other authorized individual. The successful respondent will also be required to comply with the data practices requirements contained in Minnesota Statutes, Chapter 13.05. 11111111111111111!! 111111p1 ;;.J11;;1J111111 1111111IN"'EIT-3061111WI, MOMS The Owner requests that each Proposer provide point -by -point response for each section. The Proposer shall provide supporting explanations or additional information as needed. The Proposer must meet the specific requirements listed in this section. 5.4 Project Management The Proposer must provide confirmation that they are able to perform the work as described. Provide a brief summation to the following. o Provide information about key personnel that will be working on this project. Information should include resumes, their responsibilities, qualifications and their availability to work on this project. o The Proposer firm should provide an organizational chart. The chart should include all key personnel and subcontractor's and their roles and responsibilities. City of Monticello Page 10 of 20 Pal F'371:1717 o The Owner will require regularly scheduled meetings at the City. Such meetings may be weekly but will probably be less frequent as determined as the project progresses. Are you willing to meet this requirement? o The Proposer should address the amount of time that a project manager will be on-site and describe his roles and responsibilities. o The Proposer will be expected to produce the bid package used to obtain an outside plant construction firm as well as assist for any RFPs used for a nPhIp TV hparianri nr nfhrar Alar-frnnirc o What quality control measures do you have in place to ensure quality of work? o What are your methods and procedures for measuring project progress? 5.5 Project Schedule The Proposer must provide a time line with the RFP response outlining the design and construction process from beginning to end. Note that The Owner will want to begin design as soon as practical after awarding this contract. Please verify that your firm could begin the design right away (as soon as the contract is awarded). The time line should show any milestones needed to best describe the projected process. If work is to be performed concurrent with other tasks or is dependent on other activities the respondent should clearly identify the activities within the schedule. If any task or milestone is the responsibility of The Owner, please provide this information in the timetable. Also describe how your firm will work with The Owner to ensure this phase of the project will stay on schedule. 5.6 Subcontractors Proposers have the option of subcontracting parts of the services they propose. The proposal must include a description of any anticipated subcontracting arrangements and the information stated below. The successful Proposer shall ensure fulfillment of all contractual provisions by subcontractors. The Owner must provide approval if the Proposer wishes to include a subcontractor after they have been awarded the contract. If your firm will be using outside subcontractors to complete the project, please provide the following: o Provide the subcontractors company information and its qualifications. o List projects that the subcontractor has completed. o Describe how you manage your subcontractors. 5.7 Mapping and (design The Proposer will be expected to create construction drawings sufficient to create a bid package for outside plant construction. The anticipation is that the entire fiber network will be buried or underground. The City currently has mapping available in AutoCad that shows all of the streets. They have not plotted residences and businesses. Wright County also has an aerial map that shows photographs of the town that is available on CD. City of Monticello Page 11 of 20 The City will provide all of its mapping to the successful bidder as a baseline for street mapping. The successful bidder will be expected to work with and coordinate closely with City staff. Please describe your mapping software. Describe other projects where your mapping has been used to design a system and/or to secure construction contracts. ® ra_ 0 _a.. �o_ .7.Q L esign Se iC�Q0�9' ark Monticello has a preference for using a Gigabit Passive Optical Network (GPON) system. The Owner has not yet chosen an equipment vendor, and one of the tasks of the Proposer will be to help prepare an RFP for equipment as well as help to select the equipment vendor. We have established a few design benchmarks to ensure full utilization of PON architecture: • A split of no more than 1:32. • Design a fiber to every home and business in the City. • Use local convergence points in the design. 5.9 Engineering Outside Plant The Proposer should explain in detail their method of designing a FTTP Passive Optical Network deployment. 5.9.1 Materials The Proposer will be expected to deliver the following finished products: • A complete bill of materials required to construct the network. Bid specifications for all materials along with completed RFPs or other bid material needed to hire a contractor and obtain materials. ® A list of potential vendors for ordering materials. The City has not yet determined how they will handle purchasing and warehousing during the construction process. Proposers may propose to handle these two functions. If Proposer does so, the cost for these functions should be clearly separated from the cost of the other tasks specified in this RFP. 5.9.2 Engineering The Proposer should provide reasonable information about their ability to design a FTTP network. Your firm should be able to comply with the following: o Demonstrate knowledge of FTTP standards and specifications including materials required for the construction of the network. o What methods are used to compile a complete list of materials needed including spare parts? o Please provide a sample of the bid package you normally use to solicit prices from construction contractors. City of Monticello Page 12 of 20 5.9.3 Permitting All installations shall conform to the National Electric Safety Code. The selected contractor should be able to comply with the following: o Identify and make applications for all needed permits and rights- of-way for all construction, RR crossings, water crossings, and interstate crossings. The City will be responsible for easement acquisition and easement documentation. 5.9.4 Supervising Outside Plant Construction The selected Proposer will be responsible for overseeing all outside plant construction and management of field activities. Again, as an option, the Proposer may also offer a price for purchasing and construction management. Please provide an explanation of the following: Construction Supervision o Our general concept is that the Proposer will be responsible for making sure that construction is performed to meet the design specifications. Please describe how you would supply these services to the City. As an example, you might want to have somebody on site to do pre -construction locates in front of the construction crews. Describe your ideas on how you would provide this function in detail. o The Proposer would also be responsible for delivering final as - built drawings showing how the final network was placed in the ground. Please provide an example of as -built drawings you have supplied on a similar project. o Describe how you would handle requests from the contractor for change orders during construction process? o The City will provide construction observation and surveying. The survey will include obtaining GPS locations for the installed facility. This information can be used by the Proposer in the preparation of as -built drawings. Purchasing and Warehousinq. If you are proposing to purchase materials or provide warehousing, please answer the following questions: o How you will provide a secure staging area for all materials. o What system do you utilize for materials management? o Please detail the procedures you would use to buy materials at the lowest possible price. o What is the procedure for procuring, receiving, distributing and reporting to Monticello the materials management? o What are your procedures for testing and accepting or rejecting materials? City of Monticello Page 13 of 20 Pricinri The Proposer should Supply a summary of pricing along with enough detail for the City to understand your pricing proposal. Pricing should be provided as detailed below. The Proposer will be providing several different functions for the City at different stages of the project. We are asking you to provide pricing accordingly. Note that all quoted prices should include the cost for all supplies, supervision, transportation and other n\ierhaarlc nrzariarl to rmmnlafa fha tnci<c V aAWV I IV V.IVM LV VV/I ItaIV I\d LI N� 1\V. Please provide pricing as follows: The City wants not -to -exceed pricing for each of the following tasks: o network design; o preparing bid packages to select the construction company; o identifying rights -of -ways; o identifying final locations for fiber placement; o preparing final as -built drawings. ® The RFP also asks for assistance in construction inspection and supervision. We understand that it's difficult to give a fixed price for this function before the network is designed. Instead, give us a guaranteed hourly rate for this work and describe the sorts of functions you see your firm performing in this area. Also provide a cost estimate for the function, but note that only the hourly rate will be fixed with your quote and not the total estimate. The RFP has also asked for an optional proposed price If your firm wants to propose to the City to perform purchasing and warehousing functions. If you elect to bid on these functions, supply a separate proposed not -to -exceed price for each task. If the selected Proposer does not propose to offer these functions, these functions will be added to the work requirement for the construction contractor. In preparing your pricing, the Proposer should note the following. The Proposer will be expected to execute and complete all specified work to the satisfaction of the Owner in accordance with good technical practices, with due diligence and in accordance with the requirements, stipulations, provisions and conditions of this RFP and the resulting contract. The design of CATV Headend equipment, a voice switch and a data headend will be acquired separately from this RFP. The successful Proposer will be expected to assist with the seleCtinn and c oor dll late vv iii i the fir ms se1ecLed in these other RFPj. 6.1 Invoice and Pavment Clause Deliverables under the contract shall be delivered on a schedule to be agreed upon in a contract with The Owner. The Contractor may submit invoices to the designated Monticello Project Manager in accordance with the schedule to be negotiated and included in the contract. Upon approval of each invoice, Monticello will process payment to the Contractor. Invoices must provide clear descriptions of City of Monticello Page 14 of 20 the work performed. Invoices should be detailed enough to allow the city to understand the work being performed. Please include: 0 Applicable company brochures; Information ....�: :aL �.� i_ n._ _9_ ,l_ _ , . $ nforma ion vVi t-1 regard o r►oposer5 resources Mat are deemed advantageous to the success of the project. This might include other management capabilities and experience, general equipment list, technical resources, and/or operational resources not directly assigned to this project, but available if needed; a Comments about proposed schedule included in Section 4.7.4 "Schedule of Activities" of this RFP, including whether or not your company can support this schedule, or possible availability dates; General comments or suggestions; Solution sketches as appropriate; Other information Proposer may deem relevant and useful to The Owner in the evaluation of the RFP response. �.� RFP Acceptance and Rejection The Owner reserves the right to accept any RFP; to reject any or all RFPs; to waive irregularities or informalities in any RFP; and to make the award in any manner deemed in the best interest of The Owner. 3.2 Presentations and Site Visits Any or all Proposers may be invited to make a presentation or make a presentation by conference call. If so, The Owner will notify Proposer of the date and time of its presentation. In addition, certain Proposers may be asked to participate in one or more site visits with The Owner's representatives to investigate the Proposer's ability to meet the project requirements. All costs incurred by the Proposer in the presentations or site visits will be the responsibility of the Proposer. 3.3 Selection Criteria The Owner intends to select and contract with the Proposer that demonstrates, in the Owner's opinion the highest degree of technical and nrLlfessional merit fnr �..• _�. r ... .L these services at a reasonable cost. Evaluations will be structured, systematic and fair. Monticello will then negotiate with the selected firm over the technical aspects of the scope of work, deliverables, schedule and fees. However, if a negotiated agreement cannot be reached, Monticello may choose to open negotiations with the Proposer that demonstrates the next highest degree of merit. City of Monticello Page 15 of 20 If the Proposer's proposal progresses to a contract for services, The Owner reserves the right to terminate all or any part of the contract at any time upon prior written notice to Proposer. Thereafter, Monticello will pay Proposer's costs properly allocated to work performed prior to the termination. City of Monticello Page 16 of 20 FTTP Design / Construction Management RFP ATTACHMENT A Bonds, Insurance The successful respondent will be required to carry insurance of the kind and in the amounts shown below for the life of the project. CERTIFICATE OF INSURANCE CERTIFICATE HOLDER: I1ki6-1 ADDITIONAL INSURED: City of Monticello, its officials, employees, agents, and representatives AGENT: GENERAL Or BUSINESS LIABILITY INSURANCE: Policy No. Effective Date: Insurance Company: () Claims Made LIMITS: [Minimum] Bodily Injury and Death: $500,000 for one person Property Damage: $200,000 for each occurrence -OR- Combination Single Limit Policy REQUIRED ENDORSEMENT: operations" endorsement. COVERAGE PROVIDED: Operations of Contractor: YES Expiration Date: ( ) Occurrence $1,000,000 for each occurrence $1,000,000 or more Include an "all services, products, or completed Operations of Sub -Contractor (Contingent): YES City of Monticello Page 17 of 20 Does Personal Injury Include Claims Related to Employment? YES Completed Operations/Products: YES Contractual Liability (Broad Form): YES Governmental Immunity is Waived: YES Property Damage Liability Includes: Damage Due to Blasting YES Damage Due to Collapse YES Damage Due to Underground Facilities YES Broad Form Property Damage YES 2-011049, M21061 I Effecfivs Date: (X) Any Applicable vehicle LIMITS: [Wn�mum] Bodily Injury: $500,000 each person Property Damage: $500,000 each occurrence -OR- Combined Single Limit Policy: $1,000,000 each occurrence $1,000,000 each occurrence ARE ANY DEDUCTIBLES APPLICABLE TO BODILY INJURY OR PROPERTY DAMAGE ON ANY OF THE ABOVE COVERAGES: If so, list: Amount: $ [Not to exceed $1,000.00] WORIKER'S COMPENSATION AND EMPLOYER'S L�ABLTY W o r ke r's C o m pe n S a t i o ,,, p e 1, Mi In In e s o t (, :-;%I Statute Employer's Liability shall have minimum limits of $500,000 per accident, $500,000 per employee, $500,000 per disease limit. City of Monticello Page 18 of 20 FTTP Design / Construction Management RFP Contractors with 10 or fewer employees who do not have Worker's Compensation coverage are required to provide the City with a letter verifying their number of employees. PROFESSIONAL LIABILITY INSURANCE: $1,000,000 per occurrence $2,00^1,000 aggregate CONTRACTOR MAY NOT BEGIN WORK UNTIL A CERTIFICATE OF INSURANCE COVERING REQUIRED INSURANCE IS APPROVED AND THE PROJECT MANAGER HAS ISSUED A NOTICE TO PROCEED. INSURANCE IS TO REMAIN IN EFFECT FOR THE DURATION OF THE ORIGINAL CONTRACT AND ANY EXTENSION PERIODS. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL TEN (10) DAYS WRITTEN NOTICE TO THE PARTIES TO WHOM THIS CERTIFICATE IS ISSUED. Dated at On BY: Authorized Insurance Representative City of Monticello Page 19 of 20 FTTP Design / Construction Management RFP You must complete this form if you wish to be notified of the responses to any questions asked by potential Proposers. Please compete this Daae and return via fax or email to. - Cathy Shuman City of Monticello Email: Cathy.Shuman@ci.monticello.mn.us Fax: (763) 295-4404 (Authorized Individual) representing (Company Name) have received The Owner's Request for Proposal for the Design and Construction Management of the planned FTTP network for Monticello. Please send my Company the responses to any questions posed by potential Proposers to: Name email address City of Monticello Page 20 of 20 ,44 46 � art. �� tiiCtliiLLMirt3 G+3RPOlttV,3.4h ID Name Duration i Start Finish 1st Quarter $ (Task Jan 63 As Built Each LCP 44 hrs Mon 10/13/0 Mon 10/20/08 64 LCP 3 (288 Homes, 3.9 miles) 140.84 days Fri 414108: Mon 10/20/08 76 L61134"(M Homes, 3.9 miles) P 4288 135 9 days. Mon 4121/08 Tue 10/28/08 88 LCP 5 (288 Homes, 3.9 miles) 130.73 days Mon 4/28/08 Tue 10/28/08 --f00 - ....... _. _..... -- .... LCP 6 (288 Homes, 3.9 miles) 120.29 days: Mon 5112108 Tue 10/28/08 112 LCP 7 (288 Homes, 3.9 miles) 120.611 days Mon 5/19108 Tue 11/4/08 --f 24 LCP 8 (288 Homes, 3 9 miles) 110 18 days! Tue 6/3/08 Tue 11/4108 1 36 LCP 9 (2Homes, 3.9 miles) 88 105 days Tue 6110/08:. Tue 11/4/08; 148 LCP 10 (288 Homes, 3.9 miles) 109.7 days Wed 6/11/081 Wed 11/12/08 160 LCP 11 (288 Homes, 3.9 miles) 100.06 days: Wed 6125/08 Wed 11/12/08 172 LCP 12 (288 Homes, 3.9 miles) 94.89 days _ Wed 7/2/08', Wed 11/12/08 184 LCP 13 (288 Homes, 3.9 miles) 99.59 days Wed 7/2/08 Wed 11/191081 196 LCP 14 (288 Homes, 3.9 miles) 89.95 days Wed 7116108 Wed 11119/08 ---- . 20--8 LCP 15 (288 Homes, 3.9 miles)- 84.78 days. Wed 7123108 Wed 11/19108 220 LCP 16 (288 Homes, 3.9 miles) 89.48 days Thu 7124/08 Thu 11/27/081 232 LCP 17 (288 Homes, 3.9 miles) 79.84 days Thu 817/08 Thu 11/27/08 244 LCP 18 (288 Homes, 3.4 miles) 74.66 days Thu 8/14/08 Thu 11/27/08; 256 .. ................ ......_ - . LCP 19 (288 Homes, 3.9 miles) 73.86 days Fri 8115108 Thu 11/27/08; 268 LCP 20 (288 Homes, 3.9 miles) 69.72 days Thu 8128108' _ Thu 12/4/08 . .. 280 - - _ LCP 21 (288 Homes, 3.9 miles) 64.55 days Fri 9/5/08` Thu 12/4108 -I 292 LCP 22 (288 Homes, 3.9 miles) 63.75 days Fri 9/5/08 Thu 2k/d8 304 LCP 23 (288 Homes, 3.9 miles) 59.61 days Fri 9/19/08 Fri 12/12/08 316 LCP Construction (Project) 10.75 days Fri 5/2/08 Mon 5119/08 317 Pre Construction Meeting 6 hrs Fri 5/2/08 Mon 5/5/08 318 Secure Construction Location with Warehouse 40 hrs: Mon 5/5/08; Mon 5112108 319 Order Materials 40 hrs' Mon 5/5/08: Mon 5/12/08 320 .....je...ct.._- ..................-._... Mobilize for th e Pro 40 hrs' on 5!12/08; on 5/19/08 321 LCP Construction (Cabinet 1)21.7 days Mon 5/19/08 Wed 6118/08 322 -. Boring teams 500 ft per day per crew 6.8 days Mon 5/19/08 Wed 5/28/08 323 ........... s -built boring1 days Wed 5/28/08 Thu 5/29/08 324 ............- ... _ .... .. Place hand holes pedestals, locate stakes etc 3 days! Wed 5/28/08 Mon 6/2/08 As -built support strctures 1 day, Mon 6/2/08 Tue 6/3/08 326 Pull fiber cable 1000' per day per crew 5.1 days. Mon 6/2/08', Mon 6/9/08 327 As -built Fiber cable placement 1 day. Mon 6/9/08; Tue 6/10/08 328 Splice fiber cable 2000' per day per crew 2.5 days' Mon 6/9/08, Wed 6/11/08 329 As -built splicing details 2 days Wed 6/11/08 Fri 6113/08 330 Test Fiber Cable 4000' per day per crew 1.3 days: Wed 6/11108 Fri 6/13/08 331 Customer approval of LCP construction 1 day Fri 6/13/08 Mon 6/16/08 332 _... ........_ ......_ As built testing results 2 days Mon 6/16/08 Wed 6/18/08 333 LCP Construction (Cabinet 2) 20.7 days' Mon 5/19/08, Tue 6/17/08 344 LCP Construction (Cabinet 3) 20.7 days Mon 5/19/08' Tue 6117108 355 LCP Construction (Cabinet 4) 20.7 days Mon 5/12/08 Tue 6/10/08 366 LCP Construction (Cabinet 5) 20.7 -days Mon 5/19/08 Tue 6/17/08 377 LCP Construction (Cabinet 6) 20.7 days Tue 6/3/08:. Wed 7/2108 388 _..__ . LCP Construction (Cabinet 7) 20.7 days' Tue 6110108: Wed 7/9108 399 LCP Construction (Cabinet 8) 20.7 days, Wed 6/25/08 Wed 7123/08 410 LCP Construction (Cabinet 9) 20.7 days' Wed 712108 Wed 7/3010 421 LCP Construction (Cabinet 10)20.7 days Wed 7/2/08 ... Thu 7/31/08 432 LCP Construction (Cabinet 11) ........... 20.7 clays Wed 7116/08 Thu 8/14108 443 LCP Construction (Cabinet 12) 20 7 days' Wed 7123/08 Thu 8121108 454 LCP Construction (Cabinet 13)20.7 days' Thu 7/24/08 . Fri 8122108 465 _ LCP Construction (Cabinet 14) ... 20.7 days Thu 817108 Thu 914108 476 LCP Construction (Cabinet 15) 20.7 days Thu 8/14/08: Fri 9112/08 487 LCP Construction (Cabinet 16) 20.7 days; Fri 8/15/08! Fri 9112/08 498 LCP Construction (Cabinet 17) 20.7 days Thu 8/28/08 Fri 9/26108 509 LCP Construction (Cabinet 18) 20.7 days, Fri 9/5108: Fri 10/3108 520 LCP Construction (Cabinet 19) 20.7 days, Fri 9/5108, Mon 1016108 531 LCP Construction (Cabinet 20) 20.7 days: Fri 9119/08' Mon 10/20/08 542 LCP Construction (Cabinet 21) 20.7 days; Fri 9126/08' Mon 10/27/08 553 LCP Construction (Cabinet 22) 20 7 days Mon 9/29/08 Tue 10128/08 -564-1 LCP Construction (Cabinet 2 1. 3) 20.7 days, Mon 10/13/08, Mon 11/10/081 Exhibit J - Proposed Project Schedule 2nd Quarter 3rd Quarter 14th Quarter Feb Mar I Apr May I Jun Jul Aur- I Sep i Oct Nov Dec ,Vol 141) 77TH Project: Exibit J Project: ; - 1 J Task �,.,,r, � �;4_� Progress - - --� Summary 1�-------� External Tasks � ,R�_. �_Y. Deadline Date: Tue 12/18/07 Split Milestone 0 Project Summary -- - - ` - External Milestone C> �gie`t'If.F'LLD Page 2of2 1st Quarter Jan A..4' � tooctfir.t€nom ctlrrPoxAr on ID (Task Name Duration ! Start I Finish 1 L.... - / New Project Number & Name - 239.08 days; Mon 1/14/08; Fri 12/12/08 2 Proposal/Prep work 11.13 days Mon 1/14/08 Tue 1/29/08 3 Develop Design Documents 40 hrs: mon-I./14/0-8:_ ... _ _. _ Fri 1/18/08 4 Initial Customer Meeting 8 hrs; Mon 1/21/08 Mon 1/21/08 5 Customer Review/Approval 40 hrs` .. Tue 1/22/08; Mon 1/28/08 Customer Approval Milestone ---__ 1 hr Tue 1/29/08, Tue 1/29/08 7 d - Protect Start-up 96.25 days - Tue 1/29/081 Wed 6/11/08 8 . . ... ..... Adjust Metadata Spreadsheet/Set-up SDE Database 40 hrs Tue 1/29/08, Tue 2/5/08 9 Migrate Existing Data 24 hrs; Tue 2/5/08 Fri 2/8/08 optomer bsites /Addresses 8 hrs Fri /Wed 10 Initial LCP Set-up (PathtD sign) 87.25 ays! Mon 2/11/08:: 6/11/081 12 Develop Prelim LCP Boundaries 46 hrs Mon 2/11/0& Mon 2/18/08 13 Preliminary LCP Efficiency Report 8 hrs Mon 2/18/08; Tue 2/19/08 14 `y Preliminary LCP Cabinet Locations 8 hrs; Tue 2/19/08! Wed 2/20/08 15 Customer review and sign -off 1 day Wed 2/20/08: Thu 2/21/08 16 Customer Approval Milestone 1 hr Thu 2/21/08; Thu 2/21/08 17 ( Site Review 8 hrs Fn 2/22/08 Fn 2/22/08 18 Field Maips Generated 40 hrs Mon 2/25/08 Fri 2/29/08 19 I Perform Field Walkout 184 his: Mon 3/3/08 Wed 4/2/08 20 Trunk &Dist Span Layout (OH8 UG) 531 hrs. Tue 3/11/08 Wed 6/11/08 21 __ _ _ ... QA Path Process _ ...__ _. .._ . 71 hrs _ _. ..__..._ Thu 5/29/08: Wed 6/11/08 22 LCP 1 (288 Homes, 3.9 miles) 157.57 days` Thu 3/13/08: Mon 10/20/08 23 �(j Optional -S tate / Local Permits 32 hrs. Thu 3/13/08 Tue 3/18/08 24 Group Passings 11 hrs Thu 3/13/08 Fri 3/14/08 25 Place Fiber 32.7 hrs Fn 3/14/08 Thu 3/20/08 26 Place Closures 11 5 hrs, Thu 3/20/08 Fri 3/21/081 27 .._. .._.. ......-. Splicing _. _*27._3 hrs' Fri 3/21/08 Thu 3/27/08 28 Data Integrity Check 2 hrs Thu 3/27/08 Thu 3/27/08 29 Owner review of initial LCP lay -out 8 hrs; Thu 3/27/08; Fn 3/28/08 30 Customer Approval Milestone 1 hr, Fri 3/28/08 Fri 3/28/08 31 .. -_. Generate BOM . ................. __.. 10.2 hrs; ......._.......... Fri 3/28/08; ...... _.......... Mon 3/31/08 32 Develop Construction Documents 19.5 hrs; Mon 3/31/08 Thu 4/3/08 33 Submit for Approval (PE) 2 hrs' Thu 4/3/08 Thu 4/3/08 34 Finalize Construction Package 8.7 hrs. Thu 4/3/08; Fri 4/4/08 35 I As Built Each LCP44 his, Mon 10/13/08 Mon 10/20/08 _ 36 OSP Product Bids 20.13 days y Fri 4/4/08 Fri 5/2/08 37 Prepare Construction Product Specifications 50 hrs: Fri 4/4/08 Mon 4/14/08 38�(j Product Bid Documents Review 18 hrs: Mon 4/14/081Thu 4/17/08 39 Pre-bid Meeting ...4 hrs Thu 4/17/08; Thu 4117/08 40 Product Out for Bid 10 days. Thu 4/17/08 Thu 5/1/08 41 I Product Bids Evaluation 4 hrs Thu 5/1/08' Fri 5/2/08 42 Owner Award of OSP Product Contracts 4 hrs Fri 5/2/08 Fri 5/2/08 43 Customer Approval Milestone 1 hr 1. Fri 5/2/08 Fri 5/2/08 44 OSP Contractor Bids 20.13 days Fri 414/08: Fri 5/2/08 45 Prepare OSP Contractor Specifications 50 hrs, Fri 4/4/0 11 8; Mon 4/14/08 46.0 OSP Contractor Bid Documents Review 18 hrs Mon 4/14/08 Thu 4/17/08 47 Pre-bid Meeting 4 hrs: Thu 4/17/08 Thu 4/17/08 48 Contractor Out for Bid 10 days' Thu 4/17/08; Thu 5/1/08 49 Contractor Bids Evaluation 4 hrs: Thu 5/1/08; Fri 5/2/08 50 Owner Award of OSP Contractor Contracts 4 hrs; Fri 5/2/08; Fri 5/2/08 51 Customer Approval Milestone 1 hr Fri 5/2/08 Fri 5/2/08 52 LCP 2 (288 Homes 3.9 miles) 146.01 days Fri 3/28/08 Mon 10/20/08 53 ivy Optional - State /Local Permits 11 32 hrs. Fri 3/28/08 Thu 4/3/08 54 Group Passings 11 hrs, Fri 3/28/08; Mon 3/31/08 55 [ Place Fiber 32.7 hrs. Mon 3/31/08 Mon 4/7/08 56j' Place Closures 11.5 hrs! Mon 4/7/08: Tue 4/8/08 57 o Splicing 27.3 hrs:. Tue 4/8/08 Fri 4/11/08 Data Integrity Check 2 hrs; Fri 4/11/08; Mon 4/14/08 .58 59 I 60j Generate BOM Develop Construction Documents 10.2 hrs, 19.5 hrs Mon 4/14/08' Tue 4/15/08; Tue 4/15/08 Thu 4/17/08 61 Submit for Approval (PE) 2 hrs Thu 4/17/08: Fri 4/18/08 62 -. .... Finalize Construction P a c k a a 9 8.7 hrs: Fri 4/18/08 Mon 4/21/08 Project: Exibit J Project: Task Date: Tue 12/18/07 Progress Split Milestone 3�Oh't'1 EI.l4 Exhibit J - Proposed Project Schedule 11stQuarter 2nd Quarter Jan i Feb Mar I Aor ( Mav I Jun /,ii �.i ,. • .T.i I. W.....W�' 3/28 i 3rd Quarter . 4th Quarter " 1st Quarter Jul Auq I Sep Oct Nov ( Dec Jan Summary -"- External Tasks G-� �... Deadline O Project Summary - - - External Milestone Page 1 of 2 City Council Agenda — 02/11/08 8. Consideration of a request for Amendment to the Monticello Zoning Ordinance for the regulation of Grading & Erosion Control. A. REFERENCE AND BACKGROUND: The City Council is asked to consider an amendment to the Monticello Zoning Ordinance for the regulation of grading and erosion control. The ordinance amendment proposed consists of a new chapter specific to the regulation of grading and erosion control, as well as amendments to the current ordinance for consistency with the new chapter. The purpose of the ordinance is to consolidate existing practices in order to eliminate the duplication and inconsistencies with current practice, and to better address the environmental issues created by the disturbance of soil. The ordinance is intended to safeguard water quality and aid in the preservation and maintenance of land cover as appropriate during development. The ordinance also brings the City in line with state and federal regulations. Development of this ordinance is one of the requirements identified in the City's Storm Water Pollution Prevention Plan (SWPPP) for Construction Site Storm Water Runoff Control. The crafting of this ordinance has been over a year-long process of research and development, and has included input from staff, the development community and resource organizations such as the MN Pollution Control Agency. To date, Monticello's regulation of grading and erosion has been contained in various documents and policies. Current regulations are also somewhat inconsistent, due to lack of uniform definitions of control measures and implementation. The City is seeking to condense current practice into one standard, making regulation more practical for both the City and the development community. The ordinance covers the following areas: • Application • Application requirements • General standards • Inspection • Enforcement measures For the most part, the ordinance proposed represents current City policy, with some exceptions. Perhaps the most notable change is related to the standard for permit. Currently, the City requires no permit for grading under 400 cubic yards of material, a volume measurement. For reference, 400 cubic yards is approximately equivalent of 40 dump trucks of material. In developing the ordinance, City staff felt some circumstances would require the review of projects which may disturb less ground cover than this previous standard. This is particularly true for developed areas (such as single unit in -fill housing projects). As such, the proposed permit criteria include both volume and area triggers, as well as a requirement for disturbances adjacent to waterways. Other modifications to current practice include the requirement for individual site developers (most often general contractors or builders) to supply a security guaranteeing maintenance of on-site prevention measures and clean-up during construction. While the City has and will continue to hold a security with an overall site developer, it is critical to be able to handle on-site issues as quickly as possible. An individual security makes that communication possible. City Council Agenda — 02/11/08 For example, the City holds a letter of credit from a developer, guaranteeing development -wide erosion control and conformance to the grading plan for residential projects such as Hunters Crossing. However, to -date the City has held no security from an individual lot developer. If a subcontractor for a home project within Hunters Crossing destroys silt fence or drags silt onto the street, the City had to contact the developer, and then in turn the developer contacted the builder. To streamline the process, the securities are held with both to ensure compliance and direct communication. The ordinance refers in many locations to the Plan Requirements and Design Guidelines (aka the Design Manual). The ordinance does not provide detailed specification information for erosion and grading measures, as those requirements are covered in the Design Manual, which reference the City Specifications For Street and Utility Construction, a specifications book published by the City of Monticello. The inclusion of detailed specifications within that document, rather than the ordinance, serves two purposes. First, because the City specifications are updated annually, they are current and consistent with new development practices and state and federal regulations. Second, it eliminates the need for the ordinance to be continually updated in response to those changes. The City will be completing updates to the Design Manual in support of this ordinance. In meetings with builders, many ideas came forward on modifications needed to support best management practices for grading and erosion control. Those are very detailed specifications that are better suited to the manual for reasons noted above. Other practices and requirements outlined within the ordinance are those currently being used by the City of Monticello at various stages of the development process. Additionally, City staff has held an implementation strategies meeting to discuss application strategies, including permitting, inspection, enforcement, etc. The items recommended for deletion from the current ordinance are incorporated into the proposed ordinance, or will be incorporated into the Design Manual as part of the revisions associated with the addition of the Grading and Erosion Control ordinance. In summary, the proposed ordinance changes help formalize current practice so that the development community has a clear guideline for what to expect, and what expectations are, for grading and erosion control within the City. Ultimately, the goal of the ordinance is better communication regarding grading and erosion control at all levels of the development process. The Planning Commission reviewed the proposed amendment in December of 2007. The Commission unanimously recommended approval of the amendment. The Commission's comments centered on the proposed ordinance's compatibility with the required Storm Water Pollution Prevention Plan (SWPPP), and on what triggered the requirement for a Grading Permit. Staff was able to clarify that the ordinance is intended to support the approved SWPP. Staff also noted that the ordinance includes triggers for both developed and undeveloped properties, which allows greater definition and flexibility to those proposing projects. To further clarify, the Commission inquired whether the ordinance would require a permit for grading within 200 feet of any waterway. After reviewing this issue, staff has determined that the ordinance is proposed to require a grading permit when any grading activity is proposed within 200 feet of any waterway. This includes storm water retention ponds, streams and wetlands. BUDGET IMPACT: NONE. 2 City Council Agenda — 02/11/08 STAFFING IMPACT: Staff is already actively involved in the review and inspection of grading and erosion control measures during development. The proposed ordinance should streamline efforts by providing one clear resource document for all staff and departments. B. ALTERNATIVE ACTIONS: The Planning Commission recommends alternative 1 below. 1. Motion to approve Chapter 33 of the Monticello Zoning Ordinance for Grading and Erosion Control and corresponding amendments, based on a finding that the proposed ordinance is consistent with current City policies and strategies for the protection of Monticello's water and soil resources. 3. Motion to deny approval of Chapter 33 of the Monticello Zoning Ordinance for Grading and Erosion Control and corresponding amendments, based on a finding that the proposed ordinance is consistent with current City policies and strategies for the protection of Monticello's water and soil resources, subject to the following modifications (to be made by the Planning Commission). 4. Motion to table action. C. STAFF RECOMMENDATION: Staff recommends approval of the ordinance as proposed. Specifically, the City Engineer, Public Works Director and Chief Building Official have reviewed the proposed ordinance in detail for implementation purposes and amendments and recommend approval. Additionally, the consulting engineers (including the senior project manager, erosion inspector and hydrologist), and MN Pollution Control Agency have reviewed the ordinance and recommend it for approval. D. SUPPORTING DATA: A. Proposed Ordinance B. Proposed Current Ordinance Amendment CHAPTER 33 Grading and Erosion Control 33-1: PURPOSE During the construction process, soil is highly vulnerable to erosion by wind and water. Eroded soil endangers water resources by reducing water quality and causing the siltation of aquatic habitat for fish and other desirable species. Eroded soil also necessitates the maintenance of sewers and ditches and the dredging of lakes and ponds. As a result, the purpose of this local regulation is to safeguard persons, protect property, and prevent damage to the environment in Monticello. This ordinance will also promote the public welfare by guiding, regulating, and controlling the design, construction, use, and maintenance of any development or other activity that disturbs or breaks the topsoil or results in the movement of earth on land in Monticello. This ordinance is to be used in supplement to any other regulations as required by state agencies. 33-2: DEFINITIONS [AA] As -Built Plans Record drawings of approved and as constructed improvements. [AB] Best Management Practices (BMPs) Erosion and sediment control and water quality management practices that are the most effective and practicable means of controlling, preventing, and minimizing degradation of surface water, including avoidance of impacts, construction -phasing, minimizing the length of time soil areas are exposed, prohibitions, and other management practices published by state or designated area -wide planning agencies. [AC] City Engineer A person who has received training and is given authority by the City of Monticello to design, review, authorize, approve, inspect, and maintain erosion and sediment control plans and practices. [AD] Clearing Any activity that removes the vegetative surface cover. [AE] Conservation Easement A conservation easement is legal land preservation agreement between a landowner and a municipality or a qualified land protection organization. The easement confers the transfer of usage rights from one party to another. [AF] Construction Activity A disturbance to the land that results in a change in the topography, or the existing soil cover (both vegetative and non -vegetative). Examples of construction activity may include clearing, grading, filling and excavating. [AG] Dewatering The removal of water for construction activity. It can be a discharge of appropriated surface or groundwater to dry and/or solidify a construction site. Minnesota Department of Natural Resources permits are required to be appropriated and if contaminated may require other MPCA permits to be discharged. [AH] Erosion Control A measure that prevents erosion including but not limited to: soil stabilization practices, limited grading, mulch, temporary or permanent cover, and construction phasing. [Al] Erosion Control Inspector A designated agent given authority by the City of Monticello to inspect and maintain erosion and sediment control practices. [AJ] Final Grade Excavation or fill of material to final plan elevation. Final grade completed as part of individual site development. [AK] Final Stabilization: a. All soil disturbing activities at the site have been completed and a uniform (e.g., evenly distributed, without large bare areas) perennial vegetative cover with a minimum density of 70% of approved vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures, or equivalent permanent stabilization measures have been employed; b. For construction projects on land used for agricultural purposes (e.g., pipelines across crop or range land) final stabilization may be accomplished by returning the disturbed land to its preconstruction agricultural use. Areas disturbed that were not previously used for agricultural activities, such as buffer strips immediately adjacent to surface waters and drainage systems, and areas which are not being returned to their preconstruction agricultural use must meet the final stabilization criteria in (a) above. [AL] Grading Excavation or fill of material, including the resulting conditions thereof. [AM] Grading, Drainage and Erosion Control Permit A permit issued by the municipality for the construction or alteration of the ground and for the improvements and structures for the control of erosion, runoff, and grading. Herein after referred to as "Grading Permit". [AN] Grading, Drainage and Erosion Control Plans A set of plans prepared by or under the direction of a licensed professional engineer. Plans are required to indicate the specific measures and sequencing to be used to control grading, sediment and erosion on a development site during and after construction as detailed in the City of Monticello "Plan Requirements and Design Guidelines". [AO] Impervious Surface A constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas, and concrete, asphalt, or gravel roads. [AP] National Pollutant Discharge Elimination System (NPDES) The program for issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing permits under the Clean Water Act (Sections 301, 318, 402, and 405) and United States Code of Federal Regulations Title 33, Sections 1317, 1328, 1342, and 1345. [AQ] Perimeter Sediment Control A barrier that prevents sediment from leaving a site by filtering sediment -laden runoff or diverting it to a sediment trap or basin. [AR] Permanent Cover Final site stabilization. Examples include grass, gravel, asphalt, and concrete. [AS] Phasing Clearing a parcel of land in distinct phases, with the stabilization of each phase completed before the clearing of the next. [AT] Plan Requirements and Design Guidelines Manual detailing City specifications for all plan requirements. [U] Public Waterway Any body of water, including, but not limited to lakes, ponds, rivers, streams, and bodies of water delineated by the City of Monticello or other state or federal agencies. [AV] Rough Grade Excavation or fill of material to a condition suitable for general maintenance. [AW] Sediment Control Measures and methods employed to prevent sediment from leaving the site. [AX] Site A parcel of land or a contiguous combination thereof, where grading work is performed as a single unified operation. [AY] Site Development Construction or alteration of ground. [AZ] Stabilized The exposed ground surface has been covered by appropriate materials such as mulch, staked sod, riprap, wood fiber blanket, or other material that prevents erosion from occurring. Grass seeding is not stabilization. 3 [BA] Standard Plates General drawings having or showing similar characteristics or qualities that are representative of a construction practice or activity. [BB] Start of Construction The first land -disturbing activity associated with a development, including land preparation such as clearing, grading, excavation and filling; [BC] Storm Water Defined under Minn. R. 7077.0105, subp. 41(b), and includes precipitation runoff, storm water runoff, snow melt runoff, and any other surface runoff and drainage. [BD] Storm Water Pollution Prevention Program (SWPPP) A program for managing and reducing storm water discharge that includes erosion prevention measures and sediment controls that, when implemented, will decrease soil erosion on a parcel of land and decrease off-site nonpoint pollution. [BE] Surface Water or Waters All streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage systems, waterways, watercourses, and irrigation systems whether natural or artificial, public or private. [BF] Temporary Erosion Control Methods employed to prevent erosion on a temporary basis. Examples of temporary cover include; straw, wood fiber blanket, wood chips, and erosion netting. [BG] Waterway A channel that directs surface runoff to a watercourse or to the public storm drain. [BH] Water Conveyance System Any channel that conveys surface runoff throughout the site. [BI] Wetland or Wetlands Defined in Minn. R. 7050.0130, subp. F and includes those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Constructed wetlands designed for wastewater treatment are not waters of the state. M 33-3: PERMITS [A] APPROVAL: No person shall be granted a Grading Permit for land -disturbing activity that would require the uncovering or distributing of material in excess of any of the following measurements without the approval of a Grading, Erosion and Sediment Control Plan by the City of Monticello. 1. 2000 square feet. 2. 400 cubic yards undeveloped land, or 40 cubic yards developed land. 3. Within 200 feet of a waterway or surface water(s). [B] EXCEPTION: No Grading Permit is required for land disturbances under the amounts specified above, or for the following activities: 1. Any emergency activity that is immediately necessary for the protection of life, property, or natural resources. 2. General establishment of new construction lawns, or the addition of four (4) or fewer inches of topsoil. 3. Existing nursery and agricultural operations conducted as a permitted main or accessory use. [C] APPLICATION REQUIREMENTS: 1. Each application shall bear the name(s) and address(es) of the owner or developer of the site, and of any consulting firm retained by the applicant together with the name of the applicant's principal contact at such firm 2. A filing fee and security as outlined by City ordinance and paragraph [D] below. 3. A Grading, Drainage and Erosion Control Plan meeting the requirements of this ordinance. Each application shall include the required number of plans and other required materials as specified on the application form. 4. The application form shall include a statement by the applicant that any land clearing, construction, or development involving the movement of earth shall be in accordance with the Approved Grading, Drainage and Erosion Control Plan. [D] SECURITY: 1. The permittee will be required to file with the City of Monticello an irrevocable, automatically renewing letter of credit, or other improvement security in the amount specified by the current City ordinance for fee schedule. This security shall be in addition to the required non-refundable filing fee as specified by City Ordinance, which shall be submitted under separate payment. R a. The security shall cover all costs of engineering and inspection, site improvements, street sweeping, repairs to erosion control measures, and maintenance of improvements for such period as specified by the City of Monticello. Such deposit shall be provided prior to the release of the Grading permit. b. Deposit shall be released after final stabilization is complete, erosion control measures have been removed and their removal area inspected. 2. Individual lot developers shall be required to provide a bond with a building permit application. a. The security shall cover City costs for street sweeping, installation, maintenance and repairs to erosion control measures. The bond will be in an amount as specified by the current City ordinance for fee schedule. b. The security shall be released after turf is established is specified in the City Design Guidelines and Plan Requirements Manual. [E} PROCEDURE: The City of Monticello will review each application for Grading Permit to determine its conformance with the provisions of this regulation and other applicable requirements. The City of Monticello requires complete application no less than fifteen (15) working days in advance of the desired Grading Permit release date. Upon complete application, the City of Monticello shall, in writing: 1. Approve the permit application; 2. Approve the permit application subject to such reasonable conditions as may be necessary to secure substantially the objectives of this regulation, and issue the permit subject to these conditions; or 3. Deny the permit application, indicating the reason(s) and procedure for submitting a revised application and/or submission; 4. Appeals of denial of permit shall be processed in accordance with Appeal to the Monticello Zoning Ordinance. 33-4: GRADING, DRAINAGE AND EROSION CONTROL PLAN REQUIREMENTS [A] PLAN REQUIREMENTS: Grading, erosion control practices, sediment control practices, and waterway crossings shall meet the design criteria set forth in the Grading, Drainage and Erosion Control Plan, and shall be adequate to prevent transportation of sediment from the site to the satisfaction of the City of Monticello. The Grading, Drainage and Erosion Control Plan shall comply with the NPDES General Storm Water Permit requirements and include the following as applicable: 1. A natural resources map identifying soils, tree cover including size and type, significant native plant communities, and resources protected under other chapters of this code. 2. A sequence of construction of the development site, including stripping and clearing; rough grading; construction of utilities, infrastructure, and buildings; and final grading and landscaping. Sequencing shall identify the expected date on which clearing will begin, phasing of clearing or grading, the estimated duration of exposure of cleared areas, areas of clearing, installation of temporary erosion and sediment control measures, and establishment of permanent vegetation. 3. All erosion and sediment control measures necessary to meet the objectives of this local regulation throughout all phases of construction and after completion of development of the site. Depending upon the complexity of the project, the drafting of intermediate plans may be required at the close of each season. 4. Seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, type and rate of lime and fertilizer application, and kind and quantity of mulching for both temporary and permanent vegetative control measures. Required specifications are referenced in the City of Monticello Plan Requirements and Design Guidelines. 5. Provisions for maintenance of erosion and sediment plan, specifically in boulevards, easements and other public areas, and estimates of the cost of maintenance. 6. Provisions for regular permittee inspections of all control measures in accordance with the inspection schedule outlined on the approved Grading, Drainage and Erosion Control Plan(s). 7. Modifications to the plan shall be processed and approved or disapproved in the same manner as 33-3[E] of this regulation, may be authorized by the City of Monticello by written authorization to the permittee, and shall include: a. Major amendments of the erosion and sediment control plan submitted to the City of Monticello. b. Field modifications of a minor nature. 33-5: CONSTRUCTION REQUIREMENTS [A] CONSTRUCTION SPECIFICATIONS: 1. Grading, erosion and sediment controls as specified in the City's Plan Requirements and Design Guidelines. Clearing and grading of natural resources, such as forests and wetlands, shall not be permitted, except when in compliance with all other chapters of this Code. Clearing techniques that retain natural vegetation and drainage patterns shall be recommended as necessary and used to the satisfaction of the City Engineer. 3. Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized. 4. Phasing may be required on all sites based on site specifics, with the size of each phase to be established at plan review and as approved by the City Engineer/City of Monticello. S. Soil stabilization shall be completed within 14 days of clearing or inactivity in construction. 6. Final stabilization on all sites shall become established within 6 months. The City of Monticello may require the site to be reseeded or a nonvegetative option employed. 7. Seeding shall be in accordance with the City's current seeding specification as detailed in the Plan Requirements and Design Guidelines. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. 8. Special techniques that meet the design criteria outlined in Plan Requirements and Design Guidelines shall be in place on steep slopes or in drainage ways shall be used to ensure stabilization. 9. Soil stockpiles which shall be inactive for a period of 7 or more days shall include provisions for perimeter sediment controls. The placement of soil stockpiles adjacent to public rights-of-way or waterways is prohibited. 10. The entire site must be stabilized to a minimum of 70% coverage, using a heavy mulch layer or another method that does not require germination to control erosion, at the close of the construction season. 11. Techniques shall be employed to prevent the blowing of dust or sediment from the site. 12. Techniques that divert upland runoff past disturbed slopes shall be employed. [B] WATERWAY AND WATERCOURSE PROTECTION REQUIREMENTS: The Permittee(s) shall implement the following waterway and watercourse measures on the site: 1. A temporary stream crossing installed and approved by the local government unit and regulating agency if a wet watercourse will be crossed regularly during construction. 2. Stabilization of the watercourse channel before, during, and within 24 hours after any in -channel work. 3. All on-site stormwater conveyance channels designed according to the criteria outlined in the Plan Requirements and Design Guidelines. 4. Stabilization adequate to prevent erosion located at the outlets of all pipes and paved channels. [C] POLLUTION PREVENTION MANAGEMENT MEASURES: The Permittee(s) shall implement the following pollution prevention management measures on the site: 0 1. Solid Waste: Collected sediment, asphalt and concrete millings, floating debris, paper, plastic, fabric, construction and demolition debris and other wastes must be disposed of properly and must comply with MPCA disposal requirements. 2. Hazardous Materials: Oil, gasoline, paint and any hazardous substances must be properly stored, including secondary containment, to prevent spills, leaks or other discharge. Restricted access to storage areas must be provided to prevent vandalism. Storage and disposal of hazardous waste must be in compliance with MPCA regulations. 3. External washing of trucks and other construction vehicles must be limited to a defined area of the site. Runoff must be contained and waste properly disposed of. No engine degreasing is allowed on site. 33-6: INSPECTION [A] NOTIFICATION: The Erosion Control Inspector shall make inspections as hereinafter required and either shall approve that portion of the work completed or shall notify the permittee wherein the work fails to comply with the Erosion and Sediment Control Plan as approved. [B] PROCEDURE: The City shall inspect all permit sites once per week and within 24 hours after a rain event. The City shall also require inspections at other development benchmarks as follows. To obtain inspections, the permittee shall notify the City of Monticello at least two working days before the following: 1. Installation of sediment and erosion control measures 2. Start of construction 3. Close of the construction season 4. Completion of final stabilization/landscaping 5. Removal of erosion control measures 6. Final project compliance and acceptance close-out [C] MATERIAL REQUIREMENTS: Seed tags should be submitted to the Erosion Control Inspector for approval prior to commencing work. Proof of application rates should be provided. [D] PERMITEE INSPECTION: The permittee or his/her agent shall also make regular inspections of all control measures in accordance with the inspection schedule outlined on the approved Grading, Drainage and Erosion Control Plan(s). The purpose of such inspections will be to determine the overall effectiveness of the control plan and the need for additional control measures. All inspections shall be documented in written form and submitted to the City of Monticello at the time interval specified in the approved permit. [E] AUTHORIZATION: The City Engineer or Erosion Control Inspector shall enter the property of the applicant as deemed necessary to make regular inspections to ensure the validity of the reports filed under Section B. 7 33-7: SITE MAINTENANCE [A] RESPONSIBILITIES: The permittee shall clean dirt and debris from streets that has resulted from construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any construction in the plat, the Developer shall provide the City Engineer with a schedule for erosion and sediment control inspection, street cleaning, and street sweeping. [B] LAPSE: If the Grading permittee repeatedly fails to meet or maintain sediment and erosion control measures per the Approved Grading, Drainage and Erosion Control Plan, the City may, in its discretion, perform the work or contract to have the work completed and drawn down on the escrow deposit to pay any costs. 1. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred beyond that covered by the deposit, for such work within ten (10) days from the date notice of the amount owed to the City is mailed, the City may draw on the security to reimburse City for such costs. 33-8: CERTIFICATION [A] APPROVED GRADING, DRAINAGE AND EROSION CONTROL PLAN: Plans for grading, stripping, excavating, and filling work bearing the stamp of approval of the City Engineer shall be maintained at the site during the progress of the work. [B} AS -BUILT GRADING PLAN AND DEVELOPMENT PLAN: Within thirty (30) days after completion of site development as per the approved Grading, Drainage and Erosion Plan, and prior to the approval of individual building permits, the Developer shall provide the City with an As Built Grading Plan and Development Plan as defined in the City of Monticello Plan Requirements and Design Guidelines. [C] PROCEDURE: The City will withhold issuance of building permits until the approved certified As -Built Grading Plan and As -Built Development Plan are on file with the City, all securities as required by this ordinance are received, conservation easement posts are installed, and all erosion control measures are in place as determined by the City Engineer. [D] REMOVAL OF EROSION CONTROL MEASURES: The above specified requirements will be authorized for removal upon the sodding of the rear yards, completion of punch list items involving ponds and slopes, final stabilization, completion of proper turf establishment and placement of the proper conservation easement posts and signs as specified. Inspection is required after the removal of erosion control measures to verify proper restoration. Please refer to City of Monticello Plan Requirements and Design- Guidelines esignGuidelines for specifications. 10 33-9: ENFORCEMENT [A] STOP WORK ORDER/REVOCATION OF SITE DEVELOPMENT PERMIT. 1. In the event that any person holding a site development permit pursuant to this ordinance violates the terms of the permit or implements site development in such a manner as to materially adversely affect the health, welfare, environment, or safety of persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the City of Monticello may suspend or revoke the site development permit through the issuance of a stop work order or the revocation of the Grading or Building Permit. 2. The City of Monticello City may draw down on the Grading Permit security, with 30 days written notice to Developer, for any violation of the terms of this Contract related to landscaping if the violation is not cured within such thirty (30) day period or if the security is allowed to lapse prior to the end of the required term. If the security is drawn down, the proceeds shall be used to cure the default. 3. No development, utility or street construction will be allowed and no Building Permits will be issued unless the development is in full compliance with the requirements of this Paragraph. [B] VIOLATION AND PENALTIES: 1. No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill, or cause the same to be done, contrary to or in violation of any terms of this ordinance. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and each day during which any violation of any of the provisions of this ordinance is committed, continued, or permitted, shall constitute a separate offense. 2. Upon conviction of any such violation, such person, partnership, or corporation shall be punished by a fine as specified by the City ordinance for fee schedule for each offense. In addition to any other penalty authorized by this section, any person, partnership, or corporation convicted of violating any of the provisions of this ordinance shall be required to bear the expense of such restoration. 33-10: SEPARABILITY The provisions and sections of this ordinance shall be deemed to be separable, and the invalidity of any portion of this ordinance shall not affect the validity of the remainder. 11 ORDINANCE NO. 472 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE REGULATING DRAINAGE AND GRADING, AMENDING SECTION 3-2[E] and 3-6AOF THE MONTICELLO ZONING ORDINANCE THE CITY COUNCIL OF THE CITY OF MONTICELLO ORDAINS: Section 1. Section 3-2[E] of the Monticello Zoning Ordinance — DRAINAGE PLANS is hereby deleted. Section 2. Section 3-6A of the Monticello Zoning Ordinance - GRADING is hereby deleted. Section 2. Effective Date. This Ordinance shall be effective immediately upon its passage and publication according to law. Adopted by the City Council of Monticello, Minnesota on the 11 th day of February, 401 0 ATTEST By: Jeff O'Neill, City Administrator CITY OF MONTICELLO Mayor Clint Herbst City Council Agenda — 02/11/08 9. Consideration to review for appointment an Ad Hoc Natural Resource Inventory Selection and Review Committee and appoint a Council liaison to Committee. (AS) A. REFERENCE AND BACKGROUND: Staff has prepared a request for proposal for the Natural Resource Inventory, which the Council approved in January as a 2008 project. It is staffs intention to distribute the RFP to qualified candidate firms no later than February 22nd, with proposals due on April 1, 2008. At this time, staff is requesting the review and appointment of an ad hoc NRI Selection and Review Committee. The committee structures for the Council to consider include an option with participation from Council and Commissions and an option with only staff participation, or some hybrid of the two. The Committee will be charged with reviewing NRI proposals and recommending candidate firms for interview and ultimate project award. The Committee will also receive the final NRI for a compliance review in terms of the original project scope, prior to presentation to other City Commissions and the City Council. Staff has suggested committee representation for Council review and approval as follows: City Council member - 1 Planning Commissioner — 1 Parks Commissioner — 1 City Administrator City Engineer Community Development Coordinator Parks Superintendent Again, Council may choose to structure the committee differently due to time commitments. The final NRI will be presented for review and comment to the City Council, Planning Commission and Parks Commission. The Committee will begin work in April and is expected to conclude with a recommendation on the final NRI document in September of 2008. BUDGET IMPACT: No impact for ad hoc committee work. STAFF IMPACT As with other committee volunteers, the majority of staff involvement will be during the initial selection process and the compliance review of the project. The Community Development Coordinator will be actively involved throughout the NRI process. City Council Agenda — 02/11/08 B. ALTERNATIVE ACTIONS: 1. Motion to approve the appointment of an ad ad-hoc NRI Selection and Review Committee as proposed and to appoint Council member to serve on the Committee. 2. Motion to approve the appointment of an ad-hoc NRI Selection and Review Committee as amended by the Council. 3. Motion of other. C. STAFF RECOMMENDATION: The City Administrator and staff recommend alternative 1 above. D. SUPPORTING DATA: None. 2 Engineers Joint Documents Committee Design and Construction Related Documents Instructions and License Agreement Instructions Before you use anv EJCDC document: 1. Read the License Agreement. You agree to it and are bound by its terms when you use the EJCDC document. 2. 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STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES TASK ORDER EDITION Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by National Society of ACECProfessional Engineers Professional Engineers in Private Practice 1i 13RRICAN COUNCIL O£ ]'�NGINiiPRtNG COMPeiNIFS Ca S > SKILL *��' ANEA�6� i{ INTEGRITY( spGNSISI�` iASCEAmerican Society of Civil Engineers PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN COUNCIL OF ENGINEERING COMPANIES AMERICAN SOCIETY OF CIVIL ENGINEERS THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA This Agreement has been prepared for use with the Standard General Conditions of the Construction Contract (No. C-700, 2002 Edition) of the Engineers Joint Contract Documents Committee. Their provisions are interrelated, and a change in one may necessitate a change in the other. EJCDC No. E-505 (2004 Edition) EJCDC E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services — Task Order Edition Copyright © 2004 National Society of Professional Engineers for EJCDC. All rights reserved. Copyright© 2004 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 703-684-2882 www.nsbe.orR American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 202-347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 800-548-2723 www.asce.m The Associated General Contractors of America 333 John Carlyle Street, Ste. 2000, Alexandria, VA 22314 703-548-3118 www.aac.org EJCDC E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services — Task Order Edition Copyright © 2004 National Society of Professional Engineers for EJCDC. All rights reserved. TABLE OF CONTENTS Page Article 1 — SERVICES OF ENGINEER 1 1.01 Scope...........................................................................................................................................1 1.02 Task Order Procedure................................................................................................................. 1 Article 2 — OWNER'S RESPONSIBILITIES 2 2.01 General........................................................................................................................................ 2 Article 3 — TERM; TIMES FOR RENDERING SERVICES 2 3.01 Term............................................................................................................................................ 2 3.02 Times for Rendering Services.................................................................................................... 2 Article 4 — PAYMENTS TO ENGINEER 3 4.01 Invoices........................................................................................................................................ 3 4.02 Payments..................................................................................................................................... 3 Article 5 — OPINIONS OF COST 3 5.01 Opinions of Probable Construction Cost.................................................................................... 3 5.02 Designing to Construction Cost Limit ................... 5.03 Opinions of Total Project Costs.................................................................................................. 4 Article 6 — GENERAL CONSIDERATIONS 4 6.01 Standards of Performance........................................................................................................... 4 6.02 Design Without Construction Phase Services............................................................................ 5 6.03 Use of Documents....................................................................................................................... 5 6.04 Insurance..................................................................................................................................... 6 6.05 Suspension and Termination....................................................................................................... 7 6.06 Controlling Law.......................................................................................................................... 8 6.07 Successors, Assigns, and Beneficiaries...................................................................................... 8 6.08 Dispute Resolution........................................................................................ .............................. 9 6.09 Environmental Condition of Site................................................................................................ 9 6.10 Indemnification and Mutual Waiver ............... .............10 ............................................................ 6.11 Miscellaneous Provisions......................................................................................................... 11 Article 7 — DEFINITIONS 12 7.01 Defined Terms........................................................................................................................... 12 Article 8 — EXHIBITS AND SPECIAL PROVISIONS 17 8.01 Exhibits......................................................................................................................................17 8.02 Total Agreement........................................................................................................................ 18 8.03 Designated Representatives...................................................................................................... 18 EJCDC No. E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services — Task Order Edition Copyright © 2004 National Society of Professional Engineers for EJCDC. All rights reserved. STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES TASK ORDER EDITION THIS IS AN AGREEMENT effective as of February 11, 2008 ("Effective Date") between City of Monticello, Minnesota having its primary office at 505 Walnut, Monticello, MN 55342 ("Owner") and Spectrum Engineering Corporation having its primary office at 5524 N. County Line Rd., Auburn, IN 46706 ("Engineer"). From time to time Owner may request that Engineer provide professional services for Specific Projects. Each engagement will be documented by a Task Order. This Agreement sets forth the general terms and conditions which shall apply to all Task Orders duly executed under this Agreement. Owner and Engineer agree as follows: ARTICLE 1— SERVICES OF ENGINEER 1.01 Scope A. Engineer's services will be detailed in a duly executed Task Order for each Specific Project. Each Task Order will indicate the specific tasks and functions to be performed and deliverables to be provided. Basic and Additional Services that may be included in a Task Order are set forth in Exhibit A, "Schedule of Engineer's Services." B. The general format of a Task Order is shown in Attachment 1 to this Agreement. C. This Agreement is not a commitment by Owner to Engineer to issue any Task Orders. D. Engineer shall not be obligated to perform any prospective Task Order unless and until Owner and Engineer agree as to the particulars of the Specific Project, Engineer's services, Engineer's compensation, and all other appropriate matters. 1.02 Task Order Procedure A. Owner and Engineer shall agree on the scope, time for performance, and basis of compensation for each Task Order. Each duly executed Task Order shall be subject to the terms and conditions of this Agreement. B. Engineer will commence performance as set forth in the Task Order. EJCDC No. E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services — Task Order Edition Copyright © 2004 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 19 ARTICLE 2 — OWNER'S RESPONSIBILITIES 2.01 General A. Owner shall have the responsibilities set forth herein, in Exhibit B. "Schedule of Owner's Responsibilities," and in each Task Order. B. Owner shall pay Engineer as set forth in Exhibit C. C. Owner shall be responsible for, and Engineer may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by Owner to Engineer pursuant to this Agreement. Engineer may use such requirements, programs, instructions, reports, data, and information in performing or furnishing services under this Agreement. ARTICLE 3 — TERM; TIMES FOR RENDERING SERVICES 3.01 Term A. This Agreement shall be effective and applicable to Task Orders issued hereunder for years from the Effective Date of the Agreement. B. The parties may extend or renew this Agreement, with or without changes, by written instrument establishing a new term. 3.02 Times for Rendering Services A. The times for performing services or providing deliverables will be stated in each Task Order. If no times are so stated, Engineer will perform services and provide deliverables within a reasonable time. B. If, through no fault of Engineer, such periods of time or dates are changed, or the orderly and continuous progress of Engineer's services is impaired, or Engineer's services are delayed or suspended, then the time for completion of Engineer's services, and the rates and amounts of Engineer's compensation, shall be adjusted equitably. C. If Owner authorizes changes in the scope, extent, or character of the Specific Project, then the time for completion of Engineer's services, and the rates and amounts of Engineer's compensation, shall be adjusted equitably. D. Owner shall make decisions and carry out its other responsibilities in a timely manner so as not to delay the Engineer's performance of its services. E. If Engineer fails, through its own fault, to complete the performance required in a Task Order within the time set forth, as duly adjusted, then Owner shall be entitled to the recovery of direct damages resulting from such failure. EJCDC No. E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services — Task Order Edition Copyright © 2004 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 of 19 ARTICLE 4 — PAYMENTS TO ENGINEER 4.01 Invoices A. Preparation and Submittal of Invoices. Engineer shall prepare invoices in accordance with its standard invoicing practices, the terms of Exhibit C, and the specific Task Order. Engineer shall submit its invoices to Owner on a monthly basis. Invoices are due and payable within 30 days of receipt. 4.02 Pavments A. Application to Interest and Principal. Payment will be credited first to any interest owed to Engineer and then to principal. B. Failure to Pay. If Owner fails to make any payment due Engineer for services and expenses within 30 days after receipt of Engineer's invoice, then: 1. the compounded amount due Engineer will be increased at the rate of 1.0% per month (or the maximum rate of interest permitted by law, . if less) from said thirtieth day; and 2. Engineer may, after giving seven days written notice to Owner, suspend services under any Task Order issued until Owner has paid in full all amounts due for services, expenses, and other related charges. Owner waives any and all claims against Engineer for any such suspension. C. Disputed Invoices. If Owner contests an invoice, Owner may withhold only that portion so contested, and must pay the undisputed portion. D. Legislative Actions. If after the Effective Date of a Task Order any governmental entity takes a legislative action that imposes taxes, fees, or charges on Engineer's services or compensation under the Task Order, then the Engineer may invoice such new taxes, fees, or charges as a Reimbursable Expense to which a factor of 1.0 shall be applied. Owner shall pay such invoiced new taxes, fees, and charges; such payment shall be in addition to the compensation to which Engineer is entitled under the terms of Exhibit C and the specific Task Order. ARTICLE 5 — OPINIONS OF COST 5.01 Opinions of Probable Construction Cost A. Engineer's opinions of probable Construction Cost are to be made on the basis of Engineer's experience and qualifications and represent Engineer's best judgment as an experienced and qualified professional generally familiar with the construction industry. However, since Engineer has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors' methods of determining prices, or over competitive bidding or market conditions, Engineer cannot and does not guarantee that proposals, bids, or actual Construction Cost will not vary from opinions of probable Construction Cost prepared by Engineer. If Owner wishes greater assurance as to probable Construction Cost, Owner shall employ an independent cost estimator as provided in Exhibit B. EJCDC No. E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services — Task Order Edition Copyright © 2004 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 of 19 5.02 Designing to Construction Cost Limit A. If a Construction Cost limit is established between Owner and Engineer in a Task Order, Engineer's rights and responsibilities with respect thereto will be governed by Exhibit F, "Construction Cost Limit," to this Agreement. 5.03 Opinions of Total Project Costs A. The services, if any, of Engineer with respect to Total Project Costs for a Specific Project shall be limited to assisting the Owner in collating the various cost categories which comprise Total Project Costs. Engineer assumes no responsibility for the accuracy of any opinions of Total Project Costs. ARTICLE 6 — GENERAL CONSIDERATIONS 6.01 Standards of Performance A. The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with Engineer's services. B. Owner shall not be responsible for discovering deficiencies in the technical accuracy of Engineer's services. Engineer shall correct any such deficiencies in technical accuracy without additional compensation except to the extent such corrective action is directly attributable to deficiencies in Owner -furnished information. C. Engineer shall serve as Owner's prime professional under each Task Order. Engineer may employ such Consultants as Engineer deems necessary to assist in the performance or furnishing of the services, subject to reasonable, timely, and substantive objections by Owner. D. Subject to the standard of care set forth in Paragraph 6.01.A, Engineer and its Consultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. E. Engineer and Owner shall comply with applicable Laws and Regulations and the Owner - mandated standards that Owner has provided to Engineer in writing. This Agreement is based on these requirements as of the Effective Date of each Task Order. Changes to these requirements after the Effective Date of each Task Order may be the basis for modifications to Owner's responsibilities or to Engineer's scope of services, times of performance, and compensation. F. Engineer shall not be required to sign any documents, no matter by who requested, that would result in Engineer having to certify, guarantee, or warrant the existence of conditions whose existence Engineer cannot ascertain within its services for that Specific Project. Owner agrees not to make resolution of any dispute with Engineer or payment of any amount due to the Engineer in any way contingent upon Engineer signing any such certification. EJCDC No. E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services — Task Order Edition Copyright © 2004 National Society of Professional Engineers for EJCDC. All rights reserved. Page 4 of 19 G. Engineer shall not at any time supervise, direct, or have control over a Contractor's work, nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by a Contractor, for security or safety at any Site, for safety precautions and programs incident to a Contractor's work in progress, nor for any failure of a Contractor to comply with Laws and Regulations applicable to a Contractor's furnishing and performing the Work. H. Engineer neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform the Work in accordance with the Contract Documents. I. Engineer shall not be responsible for the acts or omissions of any Contractor, subcontractor, or supplier, or of any of their agents or employees or of any other persons (except Engineer's own employees and its Consultants) at a Site or otherwise furnishing or performing any of a Contractor's work; or for any decision made on interpretations or clarifications of the Contract Documents given by Owner without consultation and advice of Engineer. J. The General Conditions for any construction contract documents prepared hereunder are to be the "Standard General Conditions of the Construction Contract" as prepared by the Engineers Joint Contract Documents Committee (Document No. C-700, 2002 Edition) unless both parties mutually agree in a Task Order to use other General Conditions. 6.02 Design Without Construction Phase Services A. For each design performed or furnished by Engineer, if Owner does not retain Engineer, by Task Order or otherwise, for project observation, or review of a Contractor's performance, or any construction phase services, and such services will be provided by Owner or others, then (1) Engineer shall have no design or shop drawing review obligations during construction; (2) Owner assumes all responsibility for the application and interpretation of the Contract Documents, contract administration, construction observation and review, and all other necessary construction phase engineering and professional services; and (3) Owner waives any claims against the Engineer that may be in any way connected thereto. In such a case, Engineer's Basic Services under the applicable Task Order will be considered to be completed upon completion of the Final Design Phase or Bidding or Negotiating Phase as outlined in Exhibit A and the Task Order. 6.03 Use of Documents A. All Documents are instruments of service in respect to a Specific Project, and Engineer shall retain an ownership and property interest therein (including the copyright and the right of reuse at the discretion of the Engineer) whether or not the Specific Project is completed. Owner shall not rely in any way on any Document unless it is in printed form, signed or sealed by the Engineer or one of its Consultants. Similarly, the Owner shall retain ownership and property interest therein as it relates to the Specific Project in perpetuity. B. A party may rely that data or information set forth on paper (also known as hard copies) that the party receives from the other party by mail, hand delivery, or facsimile, are the items that the other party intended to send. Files in electronic media format of text, data, graphics, or other types that are furnished by one party to the other are furnished only for convenience, not reliance by the receiving party. Any conclusion or information obtained or derived from EJCDC No. E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services — Task Order Edition Copyright © 2004 National Society of Professional Engineers for EJCDC. All rights reserved. Page 5 of 19 such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. C. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any transmittal errors detected within the 60 -day acceptance period will be corrected by the party delivering the electronic files. D. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of such documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the documents' creator. E. Owner may make and retain copies of Documents for information and reference in connection with use on the Specific Project by Owner. Engineer grants Owner a license to use the Documents on the Specific Project, extensions of the Specific Project, and other projects of Owner, subject to the following limitations: (1) Owner acknowledges that such Documents are not intended or represented to be suitable for use on the Specific Project unless completed by Engineer, or for use or reuse by Owner or others on extensions of the Specific Project or on any other project without written verification or adaptation by Engineer; (2) any such use or reuse, or any modification of the Documents, without written verification, completion, or adaptation by Engineer, as appropriate for the specific purpose intended, will be at Owner's sole risk and without liability or legal exposure to Engineer or its Consultants; (3) Owner shall indemnify and hold harmless Engineer and Engineer's Consultants from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from any use, reuse, or modification without written verification, completion, or adaptation by Engineer; (4) such limited license to Owner shall not create any rights in third parties. F. If Engineer at Owner's request verifies or adapts the Documents for extensions of the Specific Project or for any other project, then Owner shall compensate Engineer at rates or in an amount to be agreed upon by Owner and Engineer. 6.04 Insurance A. At all times when any Task Order is under performance, Engineer shall procure and maintain insurance as set forth in Exhibit G. "Insurance." Engineer shall cause Owner to be listed as an additional insured on any applicable general liability insurance policy carried by Engineer which is applicable to a Specific Project. B. At all times when any Task Order is under performance, Owner shall procure and maintain insurance as set forth in Exhibit G. Owner shall cause Engineer and its Consultants to be listed as additional insureds on any general liability or property insurance policies carried by Owner which are applicable to a Specific Project. C. Owner shall require Contractors to purchase and maintain general liability and other insurance in accordance with the requirements of Paragraph 5.04 of the Standard General Conditions of the Construction Contract (No. C-700, 2002 Edition) of the Engineers Joint EJCDC No. E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services — Task Order Edition Copyright © 2004 National Society of Professional Engineers for EJCDC. All rights reserved. Page 6 of 19 Contract Documents Committee, and to cause Engineer and its Consultants to be listed as additional insureds with respect to such liability and other insurance purchased and maintained by Contractors. D. Owner and Engineer shall each deliver to the other certificates of insurance evidencing the coverages indicated in Exhibit G. Such certificates shall be furnished prior to commencement of Engineer's services under any Task Order and at renewals thereafter during the life of this Agreement. E. All policies of property insurance relating to a Specific Project shall contain provisions to the effect that Engineer's and its Consultants' interests are covered and that in the event of payment of any loss or damage the insurers will have no rights of recovery against Engineer or its Consultants, or any insureds or additional insureds thereunder. F. Under the terms of any Task Order, or after commencement of performance of a Task Order, Owner may request that Engineer or its Consultants, at Owner's sole expense, provide additional insurance coverage, increased limits, or revised deductibles that are more protective than those specified in Exhibit G. If so requested by Owner, and if commercially available, Engineer shall obtain and shall require its Consultants to obtain such additional insurance coverage, different limits, or revised deductibles for such periods of time as requested by Owner. 6.05 Suspension and Termination A. Suspension 1. By Owner: Owner may suspend a Task Order upon seven days written notice to Engineer. 2. By Engineer: If Engineer's services are substantially delayed through no fault of Engineer, Engineer may, after giving seven days written notice to Owner, suspend services under a Task Order. B. Termination. The obligation to provide further services under this Agreement, or under a Task Order, may be terminated: 1. For cause, a. By either party upon 30 days written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement or any Task Order through no fault of the terminating party. b. By Engineer: 1) upon seven days written notice if Owner demands that Engineer furnish or perform services contrary to Engineer's responsibilities as a licensed professional; or 2) upon seven days written notice if the Engineer's services under a Task Order are delayed or suspended for more than 90 days for reasons beyond Engineer's control. EJCDC No. E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services — Task Order Edition Copyright © 2004 National Society of Professional Engineers for EJCDC. All rights reserved. Page 7 of 19 3) Engineer shall have no liability to Owner on account of such termination. C. Notwithstanding the foregoing, neither this Agreement nor the Task Order will terminate under Paragraph 6.05.B.1.a if the party receiving such notice begins, within seven days of receipt of such notice, to correct its substantial failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt thereof; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30 day period, and it such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein shall extend up to, but in no case more than, 60 days after the date of receipt of the notice. 2. For convenience, a. By Owner effective upon Engineer's receipt of notice from Owner. C. Effective Date of Termination. The terminating party under Paragraph 6.05.B may set the effective date of termination at a time up to 30 days later than otherwise provided to allow Engineer to demobilize personnel and equipment from the Site, to complete tasks whose value would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Task Order materials in orderly files. D. Payments Upon Termination 1. In the event of any termination under Paragraph 6.05, Engineer will be entitled to invoice Owner and to receive full payment for all services performed or furnished and all Reimbursable Expenses incurred through the effective date of termination. Upon making such payment, Owner shall have the limited right to the use of Documents, at Owner's sole risk, subject to the provisions of Paragraph 6.03.E. 2. In the event of termination by Owner for convenience or by Engineer for cause, Engineer shall be entitled, in addition to invoicing for those items identified in Paragraph 6.05.D.1, to invoice Owner and to payment of a reasonable amount for services and expenses directly attributable to termination, both before and after the effective date of termination, such as reassignment of personnel, costs of terminating contracts with Engineer's Consultants, and other related close-out costs, using methods and rates for Additional Services as set forth in Exhibit C. 6.06 Controlling Law A. This Agreement is to be governed by the law of the state in which the principal office of the Owner is located. 6.07 Successors, Assigns, and Beneficiaries A. Owner and Engineer each is hereby bound and the partners, successors, executors, administrators and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 6.07.B the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal EJCDC No. E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services — Task Order Edition Copyright © 2004 National Society of Professional Engineers for EJCDC. All rights reserved. Page 8 of 19 representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this Agreement. B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise in this Agreement: 1. Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any Contractor, Contractor's subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them. 2. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other ply. 3. The Owner agrees that the substance of the provisions of this Paragraph 6.07.0 shall appear in any Contract Documents prepared for any Specific Project under this Agreement. D. Owner agrees that the substance of the provisions of this Paragraph 6.07.0 shall appear in the Contract Documents. 6.08 Dispute Resolution A. Owner and Engineer agree to negotiate all disputes between them in good faith for a period of 30 days from the date of notice prior to invoking the procedures of Exhibit H or other provisions of this Agreement, or exercising their rights under law. B. If the parties fail to resolve a dispute through negotiation under Paragraph 6.08.A, then either or both may invoke the procedures of Exhibit H. If Exhibit H is not included, or if no dispute resolution method is specified in Exhibit H, then the parties may exercise their rights under law. 6.09 Environmental Condition of Site A. With respect to each Task Order, Specific Project, and Site: 1. Owner has disclosed to Engineer in writing the existence of all known and suspected Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, hazardous substances, and other Constituents of Concern located at or near the Site, including type, quantity, and location. 2. Owner represents to Engineer that to the best of its knowledge no Constituents of Concern, other than those disclosed in writing to Engineer, exist at the Site. EJCDC No. E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services — Task Order Edition Copyright © 2004 National Society of Professional Engineers for EJCDC. All rights reserved. Page 9 of 19 3. If Engineer encounters an undisclosed Constituent of Concern, then Engineer shall notify (a) Owner and (b) appropriate governmental officials if Engineer reasonably concludes that doing so is required by applicable Laws or Regulations. 4. It is acknowledged by both parties that Engineer's scope of services does not include any services related to Constituents of Concern. If Engineer or any other party encounters an undisclosed Constituent of Concern, or if investigative or remedial action, or other professional services, are necessary with respect to disclosed or undisclosed Constituents of Concern, then Engineer may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Specific Project affected thereby until Owner: (1) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the Constituents of Concern; and (2) warrants that the Site is in full compliance with applicable Laws and Regulations. 5. If the presence at the Site of undisclosed Constituents of Concern adversely affects the performance of Engineer's services under this Agreement, then the Engineer shall have the option of (a) accepting an equitable adjustment in its compensation or in the time of completion, or both; or (b) terminating this Agreement for cause on 30 days notice. 6. Owner acknowledges that Engineer is performing professional services for Owner and that Engineer is not and shall not be required to become an "owner," "arranger," "operator," "generator," or "transporter" of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are or may be encountered at or near the Site in connection with Engineer's activities under this Agreement. 6.10 Indemnification and Mutual Waiver A. Indemnification by Engineer. To the fullest extent permitted by law, Engineer shall indemnify and hold harmless Owner, and Owner's officers, directors, partners, agents, consultants, and employees from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to this Agreement, any Task Order, or any Specific Project, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Engineer or Engineer's officers, directors, partners, employees, or Consultants. The indemnification provision of the preceding sentence is subject to and limited by the provisions agreed to by Owner and Engineer in Exhibit I, "Allocation of Risks," if any. B. Indemnification by Owner. To the fullest extent permitted by law, Owner shall indemnify and hold harmless Engineer, Engineer's officers, directors, partners, agents, employees, and Consultants from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to this Agreement, any Task Order, or any Specific Project, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death or to injury to or EJCDC No. E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services — Task Order Edition Copyright © 2004 National Society of Professional Engineers for EJCDC. All rights reserved. Page 10 of 19 destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Owner or Owner's officers, directors, partners, agents, consultants, or employees, or others retained by or under contract to the Owner with respect to this Agreement or to the Specific Project. C. Environmental Indemnification. In addition to the indemnity provided under Paragraph 6.103 of this Agreement, and to the fullest extent permitted by law, Owner shall indemnify and hold harmless Engineer and its officers, directors, partners, agents, employees, and Consultants from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals, and all court, arbitration, or other dispute resolution costs) caused by, arising out of, relating to, or resulting from a Constituent of Concern at, on, or under any Site, provided that (i) any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) nothing in this Paragraph shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence or willful misconduct. D. Percentage Share of Negligence. To the fullest extent permitted by law, a party's total liability to the other party and anyone claiming by, through, or under the other party for any cost, loss, or damages caused in part by the negligence of the party and in part by the negligence of the other party or any other negligent entity or individual, shall not exceed the percentage share that the party's negligence bears to the total negligence of Owner, Engineer, and all other negligent entities and individuals. E. Mutual Waiver. To the fullest extent permitted by law, Owner and Engineer waive against each other, and the other's employees, officers, directors, agents, insurers, partners, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to the Specific Project. 6.11 Miscellaneous Provisions A. Notices. Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, by facsimile, by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt. B. Survival. All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason. C. Severability. Any provision or part of the Agreement held to be void or unenforceable under any Laws or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Engineer, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. EJCDC No. E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services — Task Order Edition Copyright © 2004 National Society of Professional Engineers for EJCDC. All rights reserved. Page 11 of 19 D. Waiver. A party's non -enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. E. Accrual of Claims. To the fullest extent permitted by law, all causes of action arising under this Agreement shall be deemed to have accrued, and all statutory periods of limitation shall commence, no later than the date of Substantial Completion. F. Applicability to Task Orders. The terms and conditions set forth in this Agreement apply to each Task Order as if set forth in the Task Order, unless specifically modified. In the event of conflicts between this Agreement and a Task Order, the conflicting provisions of the Task Order shall take precedence for that Task Order. The provisions of this Agreement shall be modified only by a written instrument. Such amendments shall be applicable to all Task Orders issued after the effective date of the amendment if not otherwise set forth in the amendment. G. Non -Exclusive Agreement. Nothing herein shall establish an exclusive relationship between Owner and Engineer. Owner may enter into similar agreements with other professionals for the same or different types of services contemplated hereunder, and Engineer may enter into similar or different agreements with other owners for the same or different services contemplated hereunder. H. Solicitation of Employees: During the full term of of the Specific Project and for a period of 24 months after the termination of such Project: 1. Engineer will not recruit or hire any employee of the Owner or its agents or Subcontractors, or otherwise induce said persons to leave their present employer, to become an employee of the Engineer 2. The City may solicit Engineer's agents for employment after completion of the Project with Engineer's written consent I. Non -disclosure Agreement: Please refer to Exhibit L for the Mutual Non -disclosure Agreement ARTICLE 7 — DEFINITIONS 7.01 Defined Terms A. Wherever used in this Agreement (including the Exhibits hereto and any Task Order) terms (including the singular and plural forms) printed with initial capital letters have the meanings indicated in the text above, in the exhibits or Task Order, or in the following provisions: 1. Addenda — Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Documents. 2. Additional Services — Services to be performed for or furnished to Owner by Engineer in accordance with a Task Order which are not included in Basic Services for that Task Order. EJCDC No. E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services — Task Order Edition Copyright © 2004 National Society of Professional Engineers for EJCDC. All rights reserved. Page 12 of 19 3. Agreement — This "Standard Form of Agreement between Owner and Engineer for Professional Services — Task Order Edition" including those Exhibits listed in Article 8 and any duly executed Task Order. 4. Application for Payment — The form acceptable to Engineer which is to be used by a Contractor in requesting progress or final payments for the completion of its Work and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 5. Asbestos — Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 6. Basic Services — Specified services to be performed for or furnished to Owner by Engineer in accordance with a Task Order. 7. Bid — The offer or proposal of a bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 8. Bidding Documents — The advertisement or invitation to Bid, instructions to bidders, the Bid form and attachments, the Bid bond, if any, the proposed Contract Documents, and all Addenda, if any. 9. Change Order — A document recommended by Engineer, which is signed by a Contractor and Owner to authorize an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times. 10. Constituent of Concern — Any substance, product, waste, or other material of any nature whatsoever (including, but not limited to, Asbestos, Petroleum, Radioactive Material, and PCBs) which is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); (b) the Hazardous Materials Transportation Act, 49 U.S.C. §§1801 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the Clean Air Act, 42 U.S.C. §§7401 et seq.; and (g) any other federal, state, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. 11. Construction Agreement — The written instrument which is evidence of the agreement, contained in the Contract Documents, between Owner and a Contractor covering the Work. 12. Construction Contract — The entire and integrated written agreement between Owner and a Contractor concerning the Work. 13. Construction Cost — The cost to Owner of those portions of an entire Specific Project designed or specified by Engineer. Construction Cost does not include costs of services of Engineer or other design professionals and consultants, cost of land, rights-of-way, or compensation for damages to properties, or Owner's costs for legal, EJCDC No. E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services — Task Order Edition Copyright © 2004 National Society of Professional Engineers for EJCDC. All rights reserved. Page 13 of 19 accounting, insurance counseling or auditing services, or interest and financing charges incurred in connection with a Specific Project, or the cost of other services to be provided by others to Owner. Construction Cost is one of the items comprising Total Project Costs. 14. Consultants — Individuals or entities having a contract with Engineer to furnish services with respect to a Specific Project as Engineer's independent professional associates, consultants, subcontractors, or vendors. The term Engineer includes Engineer's Consultants. 15. Contract Documents — Documents that establish the rights and obligations of the parties engaged in construction and include the Construction Agreement between Owner and a Contractor, Addenda (which pertain to the Contract Documents), a contractor's Bid (including documentation accompanying the Bid and any post -Bid documentation submitted prior to the notice of award) when attached as an exhibit to the Construction Agreement, the notice to proceed, the bonds, appropriate certifications, the General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Construction Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders, and Engineer's written interpretations and clarifications issued on or after the Effective Date of the Construction Agreement. Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents. 16. Contract Price — The moneys payable by Owner to a Contractor for completion of the Work in accordance with the Contract Documents and as stated in the Construction Agreement. 17. Contract Times — The numbers of days or the dates stated in a Construction Agreement to: (i) achieve Substantial Completion, and (ii) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 18. Contractor — An individual or entity with whom Owner enters into a Construction Agreement for a Specific Project. 19. Correction Period — The time after Substantial Completion during which a Contractor must correct, at no cost to Owner, any Defective Work, normally one year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee or specific provision of the Contract Documents. 20. Defective — An adjective which, when modifying the word Work, refers to Work that is unsatisfactory, faulty, or deficient, in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to Engineer's recommendation of final payment. EJCDC No. E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services — Task Order Edition Copyright © 2004 National Society of Professional Engineers for EJCDC. All rights reserved. Page 14 of 19 21. Documents — Data, reports, Drawings, Specifications, Record Drawings, and other deliverables, whether in printed or electronic media format, provided or furnished in appropriate phases by Engineer to Owner pursuant to this Agreement. 22. Drawings — That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by a Contractor. Shop Drawings are not Drawings as so defined. 23. Effective Date of the Construction Agreement — The date indicated in a Construction Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Construction Agreement is signed and delivered by the last of the two parties to sign and deliver. 24. Effective Date of the Agreement — The date indicated in this Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 25. Effective Date of the Task Order — The date indicated in the Task Order on which it becomes effective, but if no such date is indicated, it means the date on which the Task Order is signed and delivered by the last of the two parties to sign and deliver. 26. Field Order — A written order issued by Engineer which directs minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 27. General Conditions — That part of the Contract Documents which sets forth terms, conditions, and procedures that govern the Work to be performed or furnished by a Contractor with respect to a Specific Project. 28. Hazardous Waste — The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 29. Laws and Regulations; Laws or Regulations — Any and all applicable laws, rules, regulations, ordinances, codes, standards, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 30. PCBs — Polychlorinated biphenyls. 31. Petroleum — Petroleum, including crude oil or any fraction thereof which is liquid at 32 degrees Fahrenheit and 14.7 pounds per square inch absolute, such as fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 32. Radioactive Materials — Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 33. Record Drawings — The Drawings as issued for construction on which Engineer, upon completion of the Work, has shown changes due to Addenda or Change Orders and other information which Engineer considers significant based on record EJCDC No. E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services — Task Order Edition Copyright © 2004 National Society of Professional Engineers for EJCDC. All rights reserved. Page 15 of 19 documents furnished by Contractor to Engineer and which were annotated by Contractor to show changes made during construction. 34. Reimbursable Expenses — The expenses incurred directly by Engineer in connection with the performing or furnishing of Basic and Additional Services for a Specific Project for which Owner shall pay Engineer as indicated in Exhibit C. 35. Resident Project Representative — The authorized representative, if any, of Engineer assigned to assist Engineer at the Site of a Specific Project during the Construction Phase. The Resident Project Representative will be Engineer's agent or employee and under Engineer's supervision. As used herein, the term Resident Project Representative includes any assistants of Resident Project Representative agreed to by Owner. The duties and responsibilities of the Resident Project Representative will be as set forth in each Task Order. 36. Samples — Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 37. Shop Drawings — All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for a Contractor and submitted by a Contractor to Engineer to illustrate some portion of the Work. 38. Site — Lands or areas indicated in the Contract Documents for a Specific Project as being furnished by Owner upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for use of a Contractor. 39. Specifications — That part of the Contract Documents prepared by Engineer consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the Work to be performed by a Contractor and certain administrative details applicable thereto. 40. Specific Project — An undertaking of Owner as set forth in a Task Order. 41. Substantial Completion — The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 42. Supplementary Conditions — That part of the Contract Documents which amends or supplements the General Conditions. 43. Task Order — A document executed by Owner and Engineer, including amendments if any, stating the scope of services, Engineer's compensation, times for performance of services and other relevant information for a Specific Project. EJCDC No. E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services — Task Order Edition Copyright © 2004 National Society of Professional Engineers for EJCDC. All rights reserved. Page 16 of 19 44. Total Project Costs — The sum of the Construction Cost, allowances for contingencies, the total costs of services of Engineer or other design professionals and consultants, cost of land, rights-of-way, or compensation for damages to properties, or Owner's costs for legal, accounting, insurance counseling, or auditing services, or interest and financing charges incurred in connection with a Specific Project, or the cost of other services to be provided by others to Owner pursuant to Exhibit B of this Agreement. 45. Work — The entire completed construction or the various separately identifiable parts thereof required to be provided by a Contractor under Contract Documents for a Specific Project. Work includes and is the result of a Contractor performing or furnishing labor, services, and documentation necessary to produce such construction and furnishing, installing, and incorporating all materials and all equipment into such construction, all as required by the applicable Contract Documents. 46. Work Change Directive — A written directive to a Contractor signed by Owner upon recommendation of the Engineer, ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 47. Written Amendment — A written amendment of the Contract Documents signed by Owner and a Contractor on or after the Effective Date of a Construction Agreement and normally dealing with the non -engineering or non-technical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 8 — EXHIBITS AND SPECIAL PROVISIONS 8.01 Exhibits Included? (Yes or No) YES YES YES YES YES YES NO YES YES YES Exhibit Letter Exhibit Title Attachment 1 — Task Order Form A Schedule of Engineer's Services B Schedule of Owner's Responsibilities C Payments to Engineer for Services and Reimbursable Expenses D Schedule of Duties, Responsibilities and Limitations of Authority of Resident Project Representative E Notice of Acceptability of Work (Form) F Construction Cost Limit G Insurance H Dispute Resolution I Allocation of Risks EJCDC No. E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services — Task Order Edition Copyright © 2004 National Society of Professional Engineers for EJCDC. All rights reserved. Page 17 of 19 Included? Exhibit (Yes or No) Letter Exhibit Title J Reserved YES K Amendment to Task Order (Form) YES L I Mutual Non -disclosure Agreement 8.02 Total Agreement A. This Agreement (consisting of pages 1 to 19 inclusive, together with the Exhibits identified as included above) constitutes the entire agreement between Owner and Engineer and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument. Amendments to Task Orders shall be in writing, based upon the format provided in Exhibit K, "Amendment to Task Order." 8.03 Designated Representatives A. With the execution of this Agreement, Engineer and Owner shall designate specific individuals to act as Engineer's and Owner's representatives with respect to the services to be performed or furnished by Engineer and responsibilities of Owner under this Agreement. Such individuals shall have authority to transmit instructions, receive information, and render decisions relative to the Agreement on behalf of each respective party. Each Task Order shall likewise designate representatives of the two parties. EJCDC No. E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services — Task Order Edition Copyright © 2004 National Society of Professional Engineers for EJCDC. All rights reserved. Page 18 of 19 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. OWNER: ENGINEER: City of Monticello, Minnesota Spectrum Engineering Corporation By: Honorable Clint Herbst Name: Title: Mayor Date Signed: Address for giving notices: DESIGNATED REPRESENTATIVE (see Paragraph 8.03.A): Title: Phone Number: Facsimile Number: E -Mail Address: By: Name: Scott D. Bowles Title: President Engineer License or Firm's 9400273 Certificate No. (if required by law) State of : Indiana Date Signed: Address for giving notices: 5524 N. County Line Road Auburn, IN 46706 DESIGNATED REPRESENTATIVE (see Paragraph 8.03.A): Rodrick Sibery Title: Overall Projects Manager Phone Number: 260.627.8888 Facsimile Number: 260.627.8102 E -Mail RLSibery@spectrumeng.com Address: EJCDC No. E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services — Task Order Edition Copyright © 2004 National Society of Professional Engineers for EJCDC. All rights reserved. Page 19 of 19 This is EXHIBIT A, consisting of ten pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services — Task Order Edition dated February 11, 2008. Schedule of Engineer's Services Services to be provided under a Task Order may include the following: PART 1— BASIC SERVICES A.1.01 Study and Report Phase This specific project shall be a fast track. As such, Study and Report Phase is not used. Preliminary Design Phase shall be used for the first three (3) LCP boundaries. After that all design shall be considered in Final Design Phase. A.1.02 Preliminary Design Phase (Limited to the First Three LCP Boundaries) A. After determination by Owner of the scope, extent, character or design requirements of a Specific Project, including the acceptance with any specific modifications by Owner of Engineer's Report, if any, from a preceding phase or Specific Project, Engineer shall: 1. On the basis of the above acceptance, selection, and authorization, prepare Preliminary Design Phase documents consisting of final design criteria, preliminary drawings, outline specifications and written descriptions of a Specific Project. 2. Advise Owner if additional reports, data, information, or services of the types described in Exhibit B are necessary and assist Owner in obtaining such reports, data, information, or services. 3. Based on the information contained in the Preliminary Design Phase documents, submit a current opinion of probable Construction Cost and any adjustments to Total Project Costs known to Engineer, based on known LCP data extrapolated to total project. 4. Furnish the Preliminary Design Phase documents to and review them with Owner. 5. Submit to Owner one electronic copy of the Preliminary Design Phase documents and revised opinion of probable Construction Cost within the time period set forth in the Task Order. B. Engineer's services under the Preliminary Design Phase will be considered complete on the date when final copies of the Preliminary Design Phase documents have been delivered to Owner. A.1.03 Final Design Phase (Incorporates All LCP Boundaries) A. After determination by Owner of the scope, extent, character, or design requirements of a Specific Project, including the acceptance of any specific modifications by Owner of a preceding phase or Specific Project, Engineer shall: Page 1 of 10 Exhibit A — Schedule of Engineer's Services EJCDC E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services — Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. 1. On the basis of the above acceptance, direction, and authorization, prepare final Drawings indicating the scope, extent, and character of the Work to be performed and furnished by Contractor. Specifications will be prepared, where appropriate, in general conformance with the industry standard unit price format in accordance with the Rural Utility Service. 2. Provide technical criteria, written descriptions, and design data in the form of a completed Permit document for Owner's use in filing applications for permits from or approvals of governmental authorities having jurisdiction to review or approve the final design of a Specific Project and assist Owner in consultations with appropriate authorities. 3. Prepare and furnish Bidding Documents for review and approval by Owner, its legal counsel, and other advisors, as appropriate, and assist Owner in the preparation of other related documents. 4. Submit the electronic copy of the Bidding Documents and a current opinion of probable Construction Cost to Owner within the time period set forth in the Task Order. B. In the event that the Work designed or specified by Engineer is to be performed or furnished under more than one prime contract, or if Engineer's services are to be separately sequenced with the work of one or more prime Contractors (such as in the case of fast -tracking), Owner and Engineer shall, prior to commencement of the Final Design Phase, develop a schedule for performance of Engineer's services during the Final Design, Bidding or Negotiating, Construction, and Post -Construction Phases in order to sequence and coordinate properly such services as are applicable to the work under such separate prime contracts. This schedule is to be prepared and included in or become an amendment to the Task Order whether or not the work under such contracts is to proceed concurrently. C. The number of prime contracts for Work designed or specified by Engineer upon which the Engineer's compensation has been established is identified in the Task Order. D. Engineer's services under the Final Design Phase will be considered complete on the date when the submittals required by paragraph A. 1.03.A.5 have been delivered to Owner. A.1.04 Bidding or Negotiating Phase A. The Engineer shall: Assist Owner in advertising for and obtaining bids or negotiating proposals for the Work and, where applicable, maintain a record of prospective bidders to whom Bidding Documents have been issued, attend pre -Bid conferences, if any, and receive and process Contractor deposits or charges for the Bidding Documents. 2. Issue Addenda as appropriate to clarify, correct, or change the Bidding Documents. 3. Consult with Owner as to the acceptability of subcontractors, suppliers, and other individuals and entities proposed by Contractor for those portions of the Work as to which such acceptability is required by the Bidding Documents. Page 2 of 10 Exhibit A — Schedule of Engineer's Services EJCDC E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services — Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. 4. Attend the Bid opening, prepare Bid tabulation sheets, and assist Owner in evaluating Bids or proposals and in assembling and awarding contracts for the Work. B. The Bidding or Negotiating Phase will be considered complete upon commencement of the Construction Phase or upon cessation of negotiations with prospective Contractors (except as may be required if Exhibit F is a part of the Task Order). A.1.05 Construction Phase A. Engineer shall: 1. General Administration of Construction Contract. Consult with Owner and act as Owner's representative as provided in the General Conditions. The extent and limitations of the duties, responsibilities and authority of Engineer as assigned in said General Conditions shall not be modified, except as Engineer may otherwise agree in writing. All of Owner's instructions to Contractor will be issued through Engineer, who shall have authority to act on behalf of Owner in dealings with Contractor to the extent provided in this Agreement and said General Conditions except as otherwise provided in writing. 2. Resident Project Representative (RPR). Provide the services of an RPR at the Site of the Specific Project to assist the Engineer and to provide more extensive observation of Contractor's work. Duties, responsibilities, and authority of the RPR are as set forth in the Task Order and in Exhibit D, "Duties, Responsibilities and Limitations of Authority of Resident Project Representative." The furnishing of such RPR's services will not limit, extend, or modify Engineer's responsibilities or authority except as expressly set forth in Exhibit D. 3. Selecting Independent Testing Laboratory. (Not used) 4. Pre -Construction Conference. Participate in a pre -construction conference prior to commencement of Work at the Site. 5. Baselines and Benchmarks. As appropriate, establish baselines and benchmarks for locating the Work which in Engineer's judgment are necessary to enable Contractor to proceed. 6. Visits to Site and Observation of Construction. In connection with observations of Work in progress : Page 3 of 10 Exhibit A — Schedule of Engineer's Services EJCDC E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services — Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. a. Make visits to the Site at intervals appropriate to the various stages of construction, as Engineer deems necessary, in order to observe as an experienced and qualified design professional the progress and quality of the Work. Such visits and observations by Engineer, and the Resident Project Representative, if any, are not intended to be exhaustive or to extend to every aspect of the Work in progress or to involve detailed inspections of the Work in progress beyond the responsibilities specifically assigned to Engineer in the Task Order and the Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on Engineer's exercise of professional judgment as assisted by the Resident Project Representative, if any. Based on information obtained during such visits and such observations, Engineer will determine in general if Contractor's work is proceeding in accordance with the Contract Documents, and Engineer shall keep Owner informed of the progress of the Work. b. The purpose of Engineer's visits to, and representation by the Resident Project Representative, if any, at the Site of the Specific Project, will be to enable Engineer to better carry out the duties and responsibilities assigned to and undertaken by Engineer during the Construction Phase, and, in addition, by the exercise of Engineer's efforts as an experienced and qualified design professional, to provide for Owner a greater degree of confidence that the completed Work will conform in general to the Contract Documents and that the integrity of the design concept of the completed project as a functioning whole as indicated in the Contract Documents has been implemented and preserved by Contractor. Engineer shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over the Work, nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected by Contractor, for safety precautions and programs incident to the Work, or for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's furnishing and performing the Work. Accordingly, Engineer neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. 7. Defective Work. Have authority to disapprove or reject Contractor's work while it is in progress if, on the basis of such observations, Engineer believes that such work will not produce a completed project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the completed project as a functioning whole as indicated in the Contract Documents. 8. Clarifications and Interpretations; Field Orders. Issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of the Work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. Engineer may issue Field Orders authorizing minor variations from the requirements of the Contract Documents. 9. Change Orders and Work Change Directives. Recommend Change Orders and Work Change Directives to Owner, as appropriate, and prepare Change Orders and Work Change Directives as required. Page 4 of 10 Exhibit A — Schedule of Engineer's Services EJCDC E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services — Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. 10. Shop Drawings and Samples. Review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed project as a functioning whole as indicated in the Contract Documents. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs incident thereto. Engineer has an obligation to meet any Contractors submittal schedule that has earlier been acceptable to Engineer. 11. Substitutes and "or -equal. " Evaluate and determine the acceptability of substitute or "or - equal" materials and equipment proposed by Contractor, but subject to the provisions of paragraph A.2.0l .A.23 of this Exhibit A. 12. Inspections and Tests. Require such special inspections or tests of the Work as deemed reasonably necessary, and receive and review all certificates of inspections, tests, and approvals required by Laws and Regulations or the Contract Documents. Engineer's review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents. Engineer shall be entitled to rely on the results of such tests. 13. Disagreements between Owner and Contractor. Render formal written decisions on all claims of Owner and Contractor relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the Work. In rendering such decisions, Engineer shall be fair and not show partiality to Owner or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. 14. Applications for Payment. Based on Engineer's observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: a. Determine the amounts that Engineer recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute Engineer's representation to Owner, based on such observations and review, that, to the best of Engineer's knowledge, information and belief, the Work has progressed to the point indicated, the quality of such is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. In the case of unit price work, Engineer's recommendations of payment will include final determinations of quantities and classifications of the Work (subject to any subsequent adjustments allowed by the Contract Documents). The responsibilities of Engineer contained in paragraph A.1.05.A.6.a are expressly subject to the limitations set forth in paragraph A.1.05.A.6.b and other express or general limitations in this Agreement and elsewhere. Page 5 of 10 Exhibit A — Schedule of Engineer's Services EJCDC E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services — Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. b. By recommending any payment, Engineer shall not thereby be deemed to have represented that observations made by Engineer to check the quality or quantity of the Work as it is performed and furnished have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents. Neither Engineer's review of the Work for the purposes of recommending payments nor Engineer's recommendation of any payment including final payment will impose on Engineer responsibility to supervise, direct, or control the Work in progress or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor's compliance with Laws and Regulations applicable to the Work. It will also not impose responsibility on Engineer to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any portion of the work in progress, materials, or equipment has passed to Owner free and clear of any liens, claims, security interests, or encumbrances, or that there may not be other matters at issue between Owner and Contractor that might affect the amount that should be paid. 15. Contractor's Completion Documents. a. Receive and review maintenance and operating instructions, schedules, and guarantees. b. Receive bonds, certificates, or other evidence of insurance not previously submitted and required by the Contract Documents, certificates of inspection, tests and approvals, Shop Drawings, Samples and other data approved as provided under paragraph A. 1.05.A.10, and the annotated record documents which are to be assembled by Contractor in accordance with the Contract Documents to obtain final payment. The extent of such Engineer's review will be limited as provided in paragraph A.1.05.A.10. c. Engineer shall transmit these documents to Owner. 16. Substantial Completion. Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with Owner and Contractor, conduct an inspection to determine if the Work is Substantially Complete. If after considering any objections of Owner, Engineer considers the Work Substantially Complete, Engineer shall deliver a certificate of Substantial Completion to Owner and Contractor. 17. Final Notice of Acceptability of the Work. Conduct a final payment inspection to determine if the completed Work of Contractor is acceptable so that Engineer may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, Engineer shall also provide a notice in the form attached hereto as Exhibit E ("Notice of Acceptability of Work") that the Work is acceptable (subject to the provisions of paragraph A. 1.05.A. 14.b) to the best of Engineer's knowledge, information, and belief and based on the extent of the services provided by Engineer under this Agreement. B. Duration of Construction Phase. The Construction Phase will commence with the execution of the first Construction Agreement for a Specific Project or any part thereof and will terminate upon written recommendation by Engineer for final payment to Contractors. If a Specific Project Page 6 of 10 Exhibit A — Schedule of Engineer's Services EJCDC E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services — Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. involves more than one prime contract as indicated in the Task Order, Construction Phase services may be rendered at different times in respect to the separate contracts. C. Limitation of Responsibilities. Engineer shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing any of the Work. Engineer shall not be responsible for failure of any Contractor to perform or furnish the Work in accordance with the Contract Documents. A.1.06 Post -Construction Phase (Not Included, But Available as Additional Services) A. Engineer shall: 1. Provide assistance in connection with the testing and adjusting of Specific Project equipment or systems. 2. Assist Owner in training Owner's staff to operate and maintain Specific Project, equipment, and systems. 3. Assist Owner in developing procedures for control of the operation and maintenance of, and record keeping for, equipment and systems for the Specific Project. 4. Together with Owner, visit the Specific Project to observe any apparent defects in the Work, assist Owner in consultations and discussions with Contractor concerning correction of any such defects, and make recommendations as to replacement or correction of Defective Work, if present. 5. In company with Owner or Owner's representative, provide an inspection of the Specific Project within one month before the end of the Correction Period to ascertain whether any portion of the Work is subject to correction. B. The Post -Construction Phase services may commence during the Construction Phase and, if not otherwise modified in the Task Order, will terminate at the end of the Correction Period. PART 2 — ADDITIONAL SERVICES A.2.01 Additional Services Requiring Owner's Authorization in Advance A. If authorized in writing by Owner, Engineer shall furnish or obtain from others Additional Services of the types listed below. These services will be paid for by Owner as indicated in a Task Order. 1. Preparation of applications and supporting documents (in addition to those furnished under Basic Services) for private or governmental grants, loans or advances in connection with a Specific Project; preparation or review of environmental assessments and impact statements; review and evaluation of the effects on the design requirements for a Specific Project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of a Specific Project. Page 7 of 10 Exhibit A — Schedule of Engineer's Services EJCDC E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services — Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. 2. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by Owner. 3. Services resulting from significant changes in the scope, extent, or character of the portions of a Specific Project designed or specified by Engineer or its design requirements including, but not limited to, changes in size, complexity, Owner's schedule, character of construction, or method of financing; and revising previously accepted studies, reports, Drawings, Specifications, or Contract Documents when such revisions are required by changes in Laws and Regulations enacted subsequent to the Effective Date of the Task Order or are due to any other causes beyond Engineer's control. 4. Services resulting from Owner's request to evaluate additional Study and Report Phase alternative solutions beyond those identified in paragraph A.1.0LAA 5. Services required as a result of Owner's providing incomplete or incorrect project information with respect to Exhibit B. 6. Providing renderings or models for Owner's use. 7. Undertaking investigations and studies including, but not limited to, detailed consideration of operations, maintenance, and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules, and appraisals; assistance in obtaining financing for a Specific Project; evaluating processes available for licensing, and assisting Owner in obtaining process licensing; detailed quantity surveys of materials, equipment, and labor; and audits or inventories required in connection with construction performed by Owner. 8. Furnishing services of Engineer's Consultants for other than Basic Services. 9. Services attributable to more prime construction contracts than specified in the Task Order. 10. Services during out-of-town travel required of Engineer other than for visits to the Specific Project Site or Owner's office. 11. Preparing for, coordinating with, participating in and responding to structured independent review processes, including, but not limited to, construction management, cost estimating, project peer review, value engineering, and constructability review requested by Owner; and performing or furnishing services required to revise studies, reports, Drawings, Specifications, or other Bidding Documents as a result of such review processes. 12. Preparing additional Bidding Documents or Contract Documents for alternate bids or prices requested by Owner for the Work or a portion thereof. 13. Determining the acceptability of substitute materials and equipment proposed during the Bidding or Negotiating Phase when substitution prior to the award of contracts is allowed by the Bidding Documents. Page 8 of 10 Exhibit A — Schedule of Engineer's Services EJCDC E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services — Task Order Edition Copyright 02004 National Society of Professional Engineers for EJCDC. All rights reserved. 14. Assistance in connection with Bid protests, rebidding, or renegotiating contracts for construction, materials, equipment, or services, except when such assistance is required by Exhibit F. 15. Providing construction surveys and staking to enable a Contractor to perform its work other than as required under paragraph A1.05.A.5, and any type of property surveys or related engineering services needed for the transfer of interests in real property; and providing other special field surveys. 16. Providing Construction Phase services beyond the Contract Times set forth in the Task Order. 17. Providing assistance in responding to the presence of any Constituent of Concern at any Site, in compliance with current Laws and Regulations. 18. Preparing and furnishing to Owner, in the format agreed to, Record Drawings showing appropriate record information based on project annotated record documents received from Contractor. 19. Preparation of operation and maintenance manuals. 20. Preparing to serve or serving as a consultant or witness for Owner in any litigation, arbitration or other dispute resolution process related to a Specific Project. 21. Providing more extensive services required to enable Engineer to issue notices or certifications requested by Owner under paragraph 6.01.G of the Agreement or a Task Order. 22. Services in connection with Work Change Directives and Change Orders to reflect changes requested by Owner so as to make the compensation commensurate with the extent of the Additional Services rendered. 23. Services in making revisions to Drawings and Specifications occasioned by the acceptance of substitute materials or equipment other than "or -equal" items; and services after the award of any Construction Agreement in evaluating and determining the acceptability of a substitution which is found to be inappropriate for a Specific Project or an excessive number of substitutions. 24. Services resulting from significant delays, changes, or price increases occurring as a direct or indirect result of materials, equipment, or energy shortages. 25. Additional or extended services during construction made necessary by (a) a significant amount of defective, neglected or delayed Work by a Contractor, or (b) default by a Contractor. 26. Services (other than Basic Services during the Post -Construction Phase) in connection with any partial utilization of any part of the Work on a Specific Project by Owner prior to its Substantial Completion. Page 9 of 10 Exhibit A — Schedule of Engineer's Services EJCDC E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services — Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. 27. Evaluating an unreasonable claim or an excessive number of claims or requests for information submitted by a Contractor or others in connection with the Work on a Specific Project. 28. Other services performed or furnished by Engineer not otherwise provided for in this Agreement or a Task Order. A.2.02 Additional Services Not Requiring Owner's Authorization in Advance A. Engineer shall perform or furnish, without requesting or receiving specific advance authorization from Owner, the Additional Services of the types listed below. Engineer shall advise Owner in writing within seven days after beginning any such Additional Services. If Owner does not want Engineer to continue to perform or furnish the services, Owner shall notify Engineer in writing to cease, and Engineer shall comply. 1. Additional or extended services during construction made necessary by (a) emergencies or acts of God endangering the Work, (b) the presence at the site of any Constituent of Concern, (c) Work damaged by fire or other cause during construction, or (d) acceleration of the progress schedule involving services beyond normal working hours. Page 10 of 10 Exhibit A — Schedule of Engineer's Services EJCDC E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services — Task Order Edition Copyright 02004 National Society of Professional Engineers for EJCDC. All rights reserved. This is EXHIBIT B. consisting of three pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services — Task Order Edition dated February 11, 2008. Schedule of Owner's Responsibilities Article 2 of the Agreement is amended and supplemented to include the following responsibilities unless expressly stated otherwise in a Task Order. A. Provide Engineer with all criteria and full information as to Owner's requirements for the Specific Project, including design objectives and constraints, space, capacity and performance requirements, flexibility, and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which Owner will require to be included in the Drawings and Specifications; and furnish copies of Owner's standard forms, conditions, and related documents for Engineer to include in the Bidding Documents, when applicable. B. Furnish to Engineer any other available information pertinent to the Specific Project including reports and data relative to previous designs, or investigation at or adjacent to the Site of the Specific Project. This includes but is not limited to all cadastral, planemetric and utility information; preferably available in ESRI .shp files. C. Following Engineer's assessment of initially -available Specific Project information and data and upon Engineer's request, furnish or otherwise make available such additional Specific Project related information and data as is reasonably required to enable Engineer to complete its Basic and Additional Services. Such additional information or data would generally include the following: 1. Planemetric data including but not limited to street centerlines, street names, edge of pavement, hydrography, railroad center lines, railroad names, and any other available planemetric data, preferably in .shp, file compatible with ESRI 9.2. 2. All community master plan data, including but not limited to zoning, deed, and other land use restrictions, preferably in .Shp files compatible with ESRI 9.2. 3. Property, boundary, easement, right-of-way, and other special surveys or data, including establishing relevant reference points, preferably in .Shp files compatible with ESRI 9.2. 4. Utility data including, but not limited to, municipally owned and privately owned utility infrastructure in .Shp files compatible with ESRI 9.2, where possible. Other electric formats or paper are considered a means of last resort. 5. Environmental assessments, audits, investigations and impact statements, and other relevant environmental or cultural studies as to a Specific Project, the Site and adjacent areas. Page 1 of 3 Exhibit B — Schedule of Owner's Responsibilities EJCDC E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services—Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. 6. Data or consultations as required for a Specific Project but not otherwise identified in the Agreement, the Exhibits thereto, or the Task Order. D. Give prompt written notice to Engineer whenever Owner observes or otherwise becomes aware of the presence at the Site of any Constituent of Concern, or of any other development that affects the scope or time of performance of Engineer's services, or any defect or nonconformance in Engineer's services, the Work, or in the performance of any Contractor. E. Authorize Engineer to provide Additional Services as set forth in the Task Order as required. F. Arrange for safe access to and make all provisions for Engineer to enter upon public and private property as required for Engineer to perform services under the Task Order. G. Examine all alternate solutions, studies, reports, sketches, Drawings, Specifications, proposals, and other documents presented by Engineer for the Specific Project (including obtaining advice of an attorney, insurance counselor, and other advisors or consultants as Owner deems appropriate with respect to such examination) and render in writing timely decisions pertaining thereto. H. Provide reviews, approvals, and engineer -prepared permits from all governmental authorities having jurisdiction to approve all phases of the Specific Project designed or specified by Engineer and such reviews, approvals, and consents from others as may be necessary for completion of each phase of the Specific Proj ect. I. Provide, as required for the Specific Project: 1. Accounting, bond and financial advisory, independent cost estimating, and insurance counseling services. 2. Legal services with regard to issues pertaining to the Specific Proj ect as Owner requires, a Contractor raises, or Engineer reasonably requests. 3. Such auditing services as Owner requires to ascertain how or for what purpose a Contractor has used the moneys paid. 4. Placement and payment of engineer -prepared advertisement for Bids in appropriate publications. J. Advise Engineer of the identity and scope of services of any independent consultants employed by Owner to perform or furnish services in regard to the Specific Project, including, but not limited to, cost estimating, project peer review, value engineering, and constructability review. K. Furnish to Engineer data as to Owner's anticipated costs for services to be provided by others (including, but not limited to, accounting, bond and financial, independent cost estimating, insurance counseling and legal advice) for Owner so that Engineer may assist the Owner in collating the various cost categories which comprise Total Project Costs. Page 2 of 3 Exhibit B — Schedule of Owner's Responsibilities EJCDC E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services—Task Order Edition Copyright 02004 National Society of Professional Engineers for EJCDC. All rights reserved. L. If Owner designates a construction manager or an individual or entity other than, or in addition to, Engineer to represent Owner at the Site, define and set forth in the Task Order the duties, responsibilities, and limitations of authority of such other party and the relation thereof to the duties, responsibilities, and authority of Engineer. M. If more than one prime contract is to be awarded for the Work of the Specific Project designed or specified by Engineer, designate in the Task Order a person or entity to have authority and responsibility for coordinating the activities among the various prime Contractors. Define and set forth in the Task Order the duties, responsibilities, and limitations of authority of such individual or entity and the relation thereof to the duties, responsibilities, and authority of Engineer. N. Attend the pre-bid conference, bid opening, pre -construction conferences, construction progress and other job related meetings, and Substantial Completion and final payment inspections. O. If required, provide the services of an independent testing laboratory to perform all inspections, tests, and approvals of Samples, materials, and equipment required by the Contract Documents, or to evaluate the performance of materials, equipment, and facilities of Owner, prior to their incorporation into the Work for the Specific Project with appropriate professional interpretation thereof. P. Provide Engineer with the findings and reports generated by any independent testing laboratory, if Engineer is required to review such documents. Q. Additional Owner responsibilities: 1. Dedicate reasonable access to Engineer of experienced, knowledgeable Municipal staff to clarify field locations of easements, rights of way, resolve potential construction placement issues, etc. Page 3 of 3 Exhibit B — Schedule of Owner's Responsibilities EJCDC E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services—Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. This is EXHIBIT C, consisting of four pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services — Task Order Edition dated February 11, 2008. Payments to Engineer for Services and Reimbursable Expenses Article 2 of the Agreement is amended and supplemented to include the following agreement of the parties: ARTICLE 2 — OWNER'S RESPONSIBILITIES C.2.01 Method of Payment A. Owner shall pay Engineer for services in accordance with one or more of the following methods as identified in each Task Order: 1. Method A: Lump Sum 2. Method B: Standard Hourly Rates 3. Method C: Direct Labor Costs Times a Factor (Not Used) 4. Method D: Not -To -Exceed 5. Method E: Fixed Fee C.2.02 Explanation of Methods A. Method A — Lump Sum 1. Owner shall pay Engineer a Lump Sum amount for the specified category of services. 2. The Lump Sum will include compensation for Engineer's services and services of Consultants, if any. Appropriate amounts will be incorporated in the Lump Sum to account for labor, overhead, profit, and Reimbursable Expenses. 3. The portion of the Lump Sum amount billed for Engineer's services will be based upon Engineer's estimate of the proportion of the total services actually completed during the billing period to the Lump Sum. B. Method B — Standard Hourly Rates 1. For the specified category of services, the Owner shall pay Engineer an amount equal to the cumulative hours charged to the Specific Project by each class of Engineer's employees times Standard Hourly Rates for each applicable billing class for all services performed on the Specific Project, plus Reimbursable Expenses and Consultant's charges, if any. Page 1 of 4 Exhibit C – Payments to Engineer for Services and Reimbursable Expenses EJCDC E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services—Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. Sheet C-1 2. Standard Hourly Rates include salaries and wages paid to personnel in each billing class plus the cost of customary and statutory benefits, general and administrative overhead, non - project operating costs, and operating margin or profit. 3. Engineer's Reimbursable Expenses Schedule and Standard Hourly Rates are attached to this Exhibit as Appendices 1 and 2. 4. The total estimated compensation for the specified category of services shall be stated in the Task Order. This total estimated compensation will incorporate all labor at Standard Hourly Rates, Reimbursable Expenses, and Consultants' charges, if any. 5. The amounts billed will be based on the cumulative hours charged to the specified category of services on the Specific Project during the billing period by each class of Engineer's employees times Standard Hourly Rates for each applicable billing class, plus Reimbursable Expenses and Engineer's Consultant's charges, if any. Only six (6) man hours will be charged for each person's travel to Monticello, Minnesota from Indiana. 6. The Standard Hourly Rates and Reimbursable Expenses Schedule shall be adjusted annually (as of January 1 st) to reflect equitable changes in the compensation payable to Engineer. C. Method C — Direct Labor Costs Times a Factor (Not Used) 1. For the specified category of services, the Owner shall pay Engineer an amount equal to Engineer's Direct Labor Costs times a Factor of for the services of Engineer's employees engaged on the Specific Project, plus Reimbursable Expenses, and Engineer's Consultant's charges, if any. Direct Labor Costs means salaries and wages paid to employees but does not include payroll related costs or benefits. 2. Engineer's Reimbursable Expenses Schedule is attached to this Exhibit as Appendix 1. 3. The total estimated compensation for the specified category of services shall be stated in the Task Order. This total estimated compensation incorporates all labor, overhead, profit, Reimbursable Expenses, and Engineer's Consultant's charges, if any. 4. The amounts billed will be based on the applicable Direct Labor Costs for the cumulative hours charged to the specified category of services on the Specific Project during the billing period times the above -designated Factor, plus Reimbursable Expenses and Engineer's Consultant's charges, if any. 5. The Direct Labor Costs and the Factor applied to Direct Labor Costs will be adjusted annually (as of January 1st) to reflect equitable changes in the compensation payable to Engineer. D. Method D — Not -To -Exceed 1. Billed the same as Method B except the total billable amount for Engineering Services is capped and may not exceed the specified value for the described level of effort. Page 2 of 4 Exhibit C – Payments to Engineer for Services and Reimbursable Expenses EJCDC E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services—Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. Sheet C-2 E. Method E — Fixed Fee 1. Owner shall pay Engineer a Fixed Fee amount for the specified category of services. 2. The Fixed Fee will include compensation for Engineer's services and services of Consultants, if any. Reimbursable expenses are not included as a part of the fixed fee. 3. Engineer's Reimbursable Expenses Schedule is attached to this Exhibit as Appendix 1. 4. The portion of the Fixed Fee amount billed for Engineer's services will be based upon Engineer's estimate of the proportion of the total services actually completed during the billing period to the Fixed Fee. C.2.03 Reimbursable Expenses Costs incurred by Engineer in the performance of the Task Order in the following categories constitute Reimbursable Expenses: A. Transportation and subsistence incidental thereto; advertisements, postage, and shipping costs; providing and maintaining field office facilities including furnishings and utilities; subsistence and transportation of Resident Project Representative and their assistants; toll telephone calls, faxes, and telegrams; and reproduction of reports, Drawings, Specifications, Bidding Documents, and similar Specific Project -related items in addition to those required under Exhibit A. Reimbursable Expenses will also include expenses incurred for the use of highly specialized equipment. Reimbursable expenses shall be paid at rates set forth in Appendix 1 to this Exhibit C which shall be adjusted annually (as of January 1 st) to reflect equitable changes in the rates. B. The amounts payable to Engineer for Reimbursable Expenses will be the project -specific internal expenses actually incurred or allocated by Engineer, plus all invoiced external Reimbursable Expenses allocable to a Specific Project, as set forth in Appendix 1 to this Exhibit C. C.2.04 Serving as a Witness A. For services performed by Engineer's employees as witnesses giving testimony in any litigation, arbitration or other legal or administrative proceeding under Paragraph A2.01.A.20, at a rate of 2.0 times the witness's standard hourly rate. Compensation for Consultants for such services will be by reimbursement of Consultants' reasonable charges to Engineer for such services. C.2.05 Other Provisions Concerning Payment A. Extended Contract Times. Should the Contract Times to complete the Work be extended beyond the period stated in the Task Order, payment for Engineer's services shall be continued based on the Standard Hourly Rates Method of Payment. B. Estimated Compensation Amounts Page 3 of 4 Exhibit C – Payments to Engineer for Services and Reimbursable Expenses EJCDC E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services—Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. Sheet C-3 1. Engineer's estimate of the amounts that will become payable for services are only estimates for planning purposes, are not binding on the parties, and are not the minimum or maximum amounts payable to Engineer under the Agreement. 2. When estimated compensation amounts have been stated in a Task Order and it subsequently becomes apparent to Engineer that a compensation amount thus estimated will be exceeded, Engineer shall give Owner written notice thereof. Promptly thereafter Owner and Engineer shall review the matter of services remaining to be performed and compensation for such services. Owner shall either agree to such compensation exceeding said estimated amount or Owner and Engineer shall agree to a reduction in the remaining services to be rendered by Engineer so that total compensation for such services will not exceed said estimated amount when such services are completed. If Engineer exceeds the estimated amount before Owner and Engineer have agreed to an increase in the compensation due Engineer or a reduction in the remaining services, the Engineer shall give written notice thereof to Owner and shall be paid for all services rendered thereafter. Page 4 of 4 Exhibit C – Payments to Engineer for Services and Reimbursable Expenses EJCDC E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services—Task Order Edition Copyright 02004 National Society of Professional Engineers for EJCDC. All rights reserved. Sheet C-4 This is Appendix I to EXHIBIT C, consisting of one page, referred to in and part of the Standard Form of Agreement between Owner and Engineer for Professional Services — Task Order Edition, dated February 11, 2008. Reimbursable Expenses Schedule SPECTRUM ENGINEERING CORPORATION ENGINEER'S STANDARD BILLING RATES EFFECTIVE THROUGH DECEMBER 31, 2008 Expense Description ExoCodeUnit Bill Rate Unit Description 8.5"X11" Photocopies COPIESA 0.150 ea. 1111 x1 7" Photocopies COPIESB 0.200 ea. D or E size Drafting Prints PRINTS 5.500 ea. Compact Disc w/files COMPDISC 25.000 ea. Meals MEALS 1.000 at cost Hotel Charges HOTEL 1.000 at cost Phone Charges PHONE 1.000 at cost Postage Expense POSTAGE 1.000 at cost Vehicle; Truck or Van VEHICLE 46.000 day Mileage' MILES 0.485 mile(IRC 162a2) Outside Services OUTSERV 1.100 multiplier Rental Equipment RENTAL 1.100 multiplier Materials Purchased for a Job MATLS 1.100 multiplier Specialized Software Fee SOFTWARE 1.000 multiplier Field Survey Equipment 850/month PON Test Equipment $3,650/month Long Distance Phone Calls at cost Mobile Phone $60/month Meals and Lodging at cost Page lof 1 Mileage charge is set at the current IRC 16ipixf�Ijsl1+�i,��prabT��y�bli8> the course of the calendar year, as determined at T!"MD-M Standard Form of Agreement Between Owner and Engineer for Professional Services—Task Order Edition Copyright 02004 National Society of Professional Engineers for EJCDC. All rights reserved. Sheet C-5 This is Appendix 2 to EXHIBIT C, consisting of one page, referred to in and part of the Agreement between Owner and Engineer for Professional Services — Task Order Edition dated February 11, 2008 Standard Hourly Rates Schedule SPECTRUM ENGINEERING CORPORATION ENGINEER'S STANDARD BILLING RATES EFFECTIVE THROUGH DECEMBER 31, 2008 Regular Hourly Labor Rates (includes applicable overheads): Staff Description StfTYpe Req Bill Rate2 Sr. Principal Registered Engineer PE8 $151.00 Information Systems Engineer ISE $124.00 Senior Designer II SDES2 $102.00 Designer DES $82.00 Field Assistant TECH2 $60.00 Senior CAD Operator DFT3 $64.00 CAD Operator DFT2 $57.00 Administrative Assistant AA $48.00 Construction Inspector (RPR)3 C12 $66.00 2 Rates reflect work performed during Normal Working Hours. Applicable overtime rates may apply if required by Owner to complete assignments within restricted time allotments due to such reasons as scheduling outages, switching requirements, or emergencies. Refer to Standard Terms & Conditions for particulars on work hours and rates. 3Construction Inspector rate is based on a 60 hour work week and includes vehicle and meals. Construction Inspector will be billed in 1 week increments. Page 1 of 1 Exhibit C – Appendix 2 – Standard Hourly Rates Schedule EJCDC E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services—Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. Sheet C-6 This is EXHIBIT D, consisting of five pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services — Task Order Edition dated February 11, 2008. Schedule of Duties, Responsibilities, and Limitations of Authority of Resident Project Representative The following duties, responsibilities, and limitations of authority may be incorporated in the Task Order for a Specific Project: D.1.01 Resident Project Representative A. Engineer shall furnish a Resident Project Representative ("RPR"), assistants, and other field staff to assist Engineer in observing progress and quality of the Work. The RPR, assistants, and other field staff under this Exhibit D may provide full time representation or may provide representation to a lesser degree. B. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the RPR and assistants, Engineer shall endeavor to provide further protection for Owner against defects and deficiencies in the Work. However, Engineer shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures selected or used by Contractor, for security or safety at the Site, for safety precautions and programs incident to Contractor's work in progress, for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's performing and furnishing the Work, or responsibility for Contractor's failure to furnish and perform the Work in accordance with the Contract Documents. In addition, the specific limitations set forth in Paragraph A.1.05 of Exhibit A as incorporated in the Task Order are applicable. C. The duties and responsibilities of the RPR are limited to those of Engineer in the Agreement with the Owner and in the Contract Documents, and are further limited and described as follows: 1. General. RPR is Engineer's agent at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions. • RPR's dealings in matters pertaining to a Contractor's work in progress shall in general be with Engineer and Contractor, keeping Owner advised as necessary. • RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of Contractor. • RPR shall generally communicate with Owner with the knowledge of and under the direction of Engineer. Page 1 of 5 Exhibit D – Duties, Responsibilities, and Limitations of Authority of Resident Project Representative EJCDC E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services—Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. 2. Schedules. Review the progress schedule, schedule of Shop Drawing and Sample submittals, and schedule of values prepared by a Contractor and consult with Engineer concerning acceptability. 3. Conferences and Meetings. Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project -related meetings, and prepare and circulate copies of minutes thereof. 4. Liaison a. Serve as Engineer's liaison with Contractor, working principally through Contractor's superintendent, and assist in providing information regarding the intent of the Contract Documents. b. Assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's on -Site operations. c. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 5. Interpretation of Contract Documents. Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. 6. Shop Drawings and Samples a. Record date of receipt of Samples and approved Shop Drawings. b. Receive Samples which are furnished at the Specific Project Site by Contractor, and notify Engineer of availability of Samples for examination. c. Advise Engineer and Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by Engineer. 7. Modifications. Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report such suggestions, together with RPR's recommendations, to Engineer. Transmit to Contractor in writing decisions as issued by Engineer. 8. Review of Work and Rejection of Defective Work a. Conduct on -Site observations of Contractor's work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report to Engineer whenever RPR believes that any part of Contractor's work in progress will not produce a completed project that conforms generally to the Contract Documents or will imperil the integrity of the design concept of the completed Specific Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does Page 2 of 5 Exhibit D – Duties, Responsibilities, and Limitations of Authority of Resident Project Representative EJCDC E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services—Task Order Edition Copyright 02004 National Society of Professional Engineers for EJCDC. All rights reserved. not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 9. Inspections, Tests, and System Start-ups a. Consult with Engineer in advance of scheduled major inspections, tests, and systems start-ups of important phases of the Work. b. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate Owner's personnel, and that Contractor maintains adequate records thereof. c. Observe, record, and report to Engineer appropriate details relative to the test procedures and systems start-ups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over a Specific Project, record the results of these inspections, and report to Engineer. 10. Records a. Maintain at the Site orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the execution of the Contract, Engineer's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Specific Project -related documents. b. Prepare a daily report or keep a diary or log book, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer. c. Record names, addresses, fax numbers, e-mail addresses, web site locations and telephone numbers of all Contractors, subcontractors, and major suppliers of materials and equipment. d. Maintain records for use in preparing project documentation. e. Upon completion of the Work, furnish original set of all RPR Specific Project documentation to Engineer. 11. Reports a. Furnish to Engineer periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. Page 3 of 5 Exhibit D – Duties, Responsibilities, and Limitations of Authority of Resident Project Representative EJCDC E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services—Task Order Edition Copyright 02004 National Society of Professional Engineers for EJCDC. All rights reserved. b. Draft and recommend to Engineer proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor. c. Furnish to Engineer and Owner copies of all inspection, test, and system startup reports. d. Immediately notify Engineer of the occurrence of any Site accidents, emergencies, acts of God endangering the Work, damage to property by fire or other causes, or the discovery of any Constituent of Concern.. 12. Pavment Requests a. Review Applications for Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 13. Certificates, Operation and Maintenance Manuals a. During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Specifications to be assembled and furnished by a Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. 14. Completion a. Participate in a Substantial Completion inspection, assist in the determination of Substantial Completion and the preparation of lists of items to be completed or corrected. b. Participate in a final inspection in the company of Engineer, Owner, and Contractor and prepare a final list of items to be completed and deficiencies to be remedied. c. Observe whether all items on the final list have been completed or corrected and make recommendations to Engineer concerning acceptance and issuance of the Notice of Acceptability of the Work. D. Resident Project Representative shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or -equal" items). 2. Exceed limitations of Engineer's authority as set forth in the Agreement or the Contract Documents. 3. Undertake any of the responsibilities of a Contractor, subcontractors, suppliers, or a Contractor's superintendent. Page 4 of 5 Exhibit D – Duties, Responsibilities, and Limitations of Authority of Resident Project Representative EJCDC E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services—Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. 4. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of the Contractor's work unless such advice or directions are specifically required by the Contract Documents. 5. Advise on, issue directions regarding, or assume control over safety practices, precautions and programs in connection with the activities or operations of Owner or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off-site by others except as specifically authorized by Engineer. 7. Accept Shop Drawing or Sample submittals from anyone other than Contractor. 8. Authorize Owner to occupy a Specific Project in whole or in part. Page 5 of 5 Exhibit D – Duties, Responsibilities, and Limitations of Authority of Resident Project Representative EJCDC E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services—Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. This is E in and Part XIII.BI7, E Engiuee °� the A r nsisting of EdjtlOb dated pro fesg eeme�t be 2 pages re NO d February 1 gal sem �een Oyth eyed to PROJECT 7'ICE OFA 1' 2008 es Task QPd FIBER 1,0 CCEpTA &I Order O T �E PRE1�•1 LjT Y OF u'NER: Cit ISE DESIG tiVO O y °f Mortice N/CONST wNEI CON 110' MinnesotaR UCTIO EF ONSTR UC havin N INSpEC,T FECT1vE D TION CON g its prima ION CO ATE OFT TRACT ID ry °ff Ice at 50 NSTRUCTI ISE CONST ENTIFICAT S jjalnut' �IVGPV,ONRUCTIONION• �IOntice1loAubER: RACT D AGREE � 55342 Auburn, IN 4 Spectrum ATE: ME1VT. 6,06 Enb�neerin To: g Corporation Cit having its OyyTofMontieell pmary of�lee ER o, M at 5 And TO� nnosota hav' 524 N County ing its prima my Line Road Fr CONTRACT of at ' °m. S OR 505 Walnut Aubctrum E'n ' �IOntiee110 EN un' IN gln oz ng Co � 55342 INFER 06 Corporation havi ng its prima �r�s The Engine ry o f- ce at 5 provished and perer hereby 524 N. Count hereof ons ° f the formed bygives notice my Line Roa d elated Contr °ntraetor tinder to the abOv , act D°cum rathe abov Owner and By. Seo sand the t e Contract Contracto tt errns is r that Title. D Bowles and cord cceptable the coral president itiOns set for'Pressly sub W°rk Dated • S eetrunl hon the r ect to the Februa 1 En ileer7n Verse side 1 2008 C'o JC E SSS otpyrarJ F°rm °f t� . ght ©2 pQ4 �A�gona t 'Q � n°tice o fAcc f , society Ofpr0ess on � Eng Gee Of IV Ork Engi�eerS f(" E J�fess�Ona/ sc C All "ights resedk °rder E • . dit�On (Reverse side of Notice) CONDITIONS OF NOTICE OF ACCEPTABILITY OF WORK The Notice of Acceptability of Work ("Notice") on the front side of this sheet is expressly made subject to the following terms and conditions to which all persons who receive said Notice and rely thereon agree: 1. Said Notice is given with the skill and care ordinarily used by members of the engineering profession practicing under similar conditions at the same time and in the same locality. 2. Said Notice reflects and is an expression of the professional judgment of Engineer. 3. Said Notice is given as to the best of Engineer's knowledge, information, and belief as of the date hereof. 4. Said Notice is based entirely on and expressly limited by the scope of services Engineer has been employed by Owner to perform or furnish during construction of the Specific Project (including observation of the Contractor's work) under Engineer's Agreement with Owner and under the Construction Contract referenced on the reverse hereof, and applies only to facts that are within Engineer's knowledge or could reasonably have been ascertained by Engineer as a result of carrying out the responsibilities specifically assigned to Engineer under Engineer's Agreement with Owner and the Construction Contract referenced on the reverse hereof. 5. Said Notice is not a guarantee or warranty of Contractor's performance under the Construction Contract referenced on the reverse hereof nor an assumption of responsibility for any failure of Contractor to furnish and perform the Work thereunder in accordance with the Contract Documents. Page 2 of 2 Exhibit E - Notice of Acceptability of Work EJCDC E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services—Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. This is EXHIBIT G. consisting of two pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services — Task Order Edition dated February 11, 2008. Insurance Paragraph 6.04 of the Agreement is amended and supplemented to include the following agreement of the parties. G.6.04 Insurance A. The limits of liability for the insurance required by paragraphs 6.04.A and 6.043 of the Agreement are as follows: 1. By Engineer: a. Workers' Compensation: b. Employer's Liability -- (Can be increased Statutory 1) Each Accident: $ 400,000 2) Disease, Policy Limit: $ 10000 3) Disease, Each Employee: $ 500,000 c. General Liability -- 1) Each Occurrence (Bodily Injury and Property Damage): $ 15200,000 2) General Aggregate: $ 25000,000 d. Excess or Umbrella Liability -- 1) Each Occurrence: $ 2,000,000 2) General Aggregate: $ 2,000,000 e. Automobile Liability -- 1) Bodily Injury: a) Each Accident $ 1,000,000 2) Property Damage: a) Each Accident $ 500,000 10 r] 1) Combined Single Limit (Bodily Injury and Property Damage): Each Accident $ 150005000 Page 1 of 3 Exhibit G - Insurance EJCDC E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services—Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. f. Professional Liability -- 1) Each Occurrence: 2) General Aggregate: g. Other (specify): 2. By Owner: a. Workers' Compensation: b. Employer's Liability -- 1) Each Accident 2) Disease, Policy Limit 3) Disease, Each Employee c. General Liability -- 1) General Aggregate: 2) Each Occurrence (Bodily Injury and Property Damage): d. Excess Umbrella Liability -- 1) Each Occurrence: 2) General Aggregate: e. Automobile Liability -- 1) Bodily Injury: a) Each Accident 2) Property Damage: a) Each Accident 10r] 1) Combined Single Limit (Bodily Injury and Property Damage): Each Accident f. Other (specify): ,Iq $ 15000,000 $ 1,000,000 Statutory $ 500,000 $ 500,000 $ 500,000 $ 1,000,000 $ 500,000 $ 1,000,000 $ 2,000,0001 $ 1,000,000 $ 500,000 $ 15000,000 1 At the request of the City, The Engineer shall obtain a $2,000,000 rider to extend the coverage to $5,000,000 Liability ($1M General Liability + $2M Excess Umbrella + $2M Rider) specific to this project, provided the City agrees to pay for the marginal cost increase of said coverage at no markup. If the City elects not to pay for the additional coverage, the Engineer's above published limit will be hereby deemed acceptable. Page 2 of 3 Exhibit G - Insurance EJCDC E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services—Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. Notwithstanding this schedule, the Engineer will procure and maintain insurance with limits of liability meeting or in excess of the amounts specified in §466.04 or as required by law. Should the insurance requirements of MS §466.04 change, the City will give 60 day notice or otherwise notice as soon as practical if arising from a change in law that takes effect in less than sixty days. B. Additional Insureds 1. Engineer and the Consultants identified in the Task Order for a Specific Project shall be listed on Owner's policies of insurance as additional insureds as provided in paragraph 6.04.B. Page 3 of 3 Exhibit G - Insurance EJCDC E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services—Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. This is EXHIBIT H, consisting of one page, referred to in and part of the Agreement between Owner and Engineer for Professional Services — Task Order Edition dated February 11, 2008. Dispute Resolution Paragraph 6.08 of the Agreement is amended and supplemented to include the following agreement of the parties: H.6.08 Dispute Resolution A. Owner and Engineer agree that they shall first work together in a fair, equitable, truthful, and respectful manner to settle any and all claims, counterclaims, disputes, and other matters in question between them arising out of or relating to this Agreement, including any Task Order, or the breach thereof ("Disputes"). B. Owner and Engineer agree that they shall submit any and all unsettled claims, counterclaims, disputes, and other matters in question between them arising out of or relating to this Agreement, including any Task Order, or the breach thereof ("Disputes") to mediation by a mutually agreeable mediation service. C. If such mediation is unsuccessful in resolving a Dispute, then (a) the parties may mutually agree to a dispute resolution of their choice, or (b) either party may seek to have the Dispute resolved by a court of competent jurisdiction. Page 1 of 1 Exhibit H – Dispute Resolution EJCDC E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services—Task Order Edition Copyright 02004 National Society of Professional Engineers for EJCDC. All rights reserved. This is EXHIBIT I, consisting of one page, referred to in and part of the Agreement between Owner and Engineer for Professional Services — Task Order Edition dated February 11, 2008. Allocation of Risks I.6. l O.A Limitation of Engineer's Liability 1. Engineer's Liability Limited to Amount of Insurance Proceeds. Engineer shall procure and maintain insurance as required by and set forth in Exhibit G to this Agreement. Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, the total liability, in the aggregate, of Engineer and Engineer's officers, directors, partners, employees, agents, and Engineer's Consultants, and any of them, to Owner and anyone claiming by, through, or under Owner for any and all claims, losses, costs, or damages whatsoever arising out of, resulting from or in any way related to a Specific Project or Task Order, or this Agreement, from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability, or breach of contract or warranty, express or implied, of Engineer or Engineer's officers, directors, partners, employees, agents, or Engineer's Consultants, or any of them (hereafter "Owner's Claims"), shall not exceed the total insurance proceeds paid on behalf of or to Engineer by Engineer's insurers in settlement or satisfaction of Owner's Claims under the terms and conditions of Engineer's insurance policies applicable thereto (excluding fees, costs and expenses of investigation, claims adjustment, defense, and appeal). If no such insurance coverage is provided with respect to Owner's Claims, then the total liability, in the aggregate, of Engineer and Engineer's officers, directors, partners, employees, agents, and Engineer's Consultants, and any of them to Owner and anyone claiming by, through, or under Owner for any and all such uninsured Owner's Claims shall not exceed $ 2. Exclusion of Special, Incidental, Indirect, and Consequential Damages. To the fullest extent permitted by law, and notwithstanding any other provision in the Agreement, consistent with the terms of paragraph 6.10.E the Engineer and Engineer's officers, directors, partners, employees, agents, and Consultants, or any of them, shall not be liable to Owner or anyone claiming by, through, or under Owner for any special, incidental, indirect, or consequential damages whatsoever arising out of, resulting from, or in any way related to a Specific Project, Task Order, or this Agreement, from any cause or causes, including but not limited to any such damages caused by the negligence, professional errors or omissions, strict liability, breach of contract or warranties, express or implied, of Engineer or Engineer's officers, directors, partners, employees, agents, or Engineer's Consultants, or any of them and including, but not limited, to: Cost of replacement power, loss of use of equipment or of the facility, loss of profits or revenue, loss of financing, regulatory fines, etc. Page 1 of 1 Exhibit I – Allocation of Risks EJCDC E-505 Standard Form of Agreement Between Owner and Engineer Professional Services—Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. This is EXHIBIT K. consisting of two pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services — Task Order Edition dated February 11 .2008. Amendment To Task Order No. (Will Use If Necessary) 1. Background Data: a. Effective Date of Task Order Agreement: b. Owner: C. Engineer: d. Specific Project: 2. Nature of Amendment [Check those that are applicable and delete those that are inapplicable.] ❑ Additional Services to be performed by Engineer ❑ Modifications to Services of Engineer ❑ Modifications to Responsibilities of Owner ❑ Modifications to Payment to Engineer ❑ Modifications to Time(s) for rendering Services ❑ Modifications to other terms and conditions of the Task Order 3. Description of Modifications Attachment 1, "Modifications" [List other Attachments, if any] Page 1 of 2 Exhibit K – Amendment to Task Order EJCDC E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services—Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. Owner and Engineer hereby agree to modify the above -referenced Task Order as set forth in this Amendment. All provisions of the Agreement not modified by this or previous Amendments remain in effect. The Effective Date of this Amendment is OWNER: ENGINEER: By: By: Title: Title: Date Date Signed: Signed: Page 2 of 2 Exhibit K – Amendment to Task Order EJCDC E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services—Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. This is Attachment 1, consisting of one page, to Amendment No. dated February 11, 2008 ; Task Order No. Modifications (Will Use If Necessary) [Include the following paragraphs that are appropriate and delete those not applicable to this amendment. Refer to paragraph numbers used in the Task Order, the Agreement, or a previous amendment for clarity with respect to the modifications to be made. Use paragraph numbers in this document for ease of reference herein and in future correspondence or amendments.] 1. Engineer shall perform the following Additional Services: 2. The Scope of Services currently authorized to be performed by Engineer in accordance with the Task Order and previous amendments, if any, is modified as follows: 3. The responsibilities of Owner are modified as follows: 4. For the Additional Services or the modifications to services set forth above, Owner shall pay Engineer the following additional or modified compensation: 5. The schedule for rendering services is modified as follows: 6. Other portions of the Task Order (including previous amendments, if any) are modified as follows: Page 1 of 1 Attachment 1(Modifications) to Exhibit K – Amendment to Task Order EJCDC E-505 Standard Form of Agreement Between Owner and Engineer for Professional Services,—Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. This is EXHIBIT L, consisting of three pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services — Task Order Edition dated February 11, 2008. Mutual Non -disclosure Agreement I.6.12.A Mutual Non -disclosure and Confidentiality Agreement Premises of Agreement The The Owner, its Agents, Engineer and Subcontractors (herein referred to as Parties) may discuss, exchange, and be exposed to, certain confidential, proprietary, and non-public information of their respective businesses ("Confidential Information"), in the contemplation or transaction of a certain business relationship. The Parties therefore agree, in consideration of their mutual promises and benefit, that the terms and conditions of this Agreement shall govern the disclosure, receipt, and use of all Confidential Information by the Parties. 1. Confidential Information Confidential Information means any information, regardless of the form in which it is communicated or contained, considered by the Parties to be confidential, proprietary, or non-public; including but not limited to, products, product roadmaps, data, software codes, schematics, schedules, budgets, specifications, records, contracts, concepts, ideas, know-how, techniques, computer programs, diskettes, marketing plans, customer names, and any other technical, financial, or business information. Confidential Information also includes proprietary or confidential information of any third party that may be disclosed to either Party in the course of the other Party's business. Written material, including electronic medium, must be marked as "Confidential" or "Proprietary". If provided orally, information is confidential if such information would ordinarily be regarded as confidential in the course of business on account of the nature of the information or the circumstances of its disclosure. The obligations of each of the Parties with respect to any portion of the Confidential Information of the other Party shall not apply to such portion that: (a) was in the public domain at or subsequent to the time such portion was communicated to the receiving Party by the disclosing Party through no fault of the receiving Party, (b) was rightfully in the receiving Party's possession free of any obligation of confidence at or subsequent to the time such portion was communicated to the receiving Party by the disclosing Party, (c) was developed by employees or agents of the receiving Party independently of and without reference to any information communicated to receiving Party by the disclosing Party, or (d) was communicated by the disclosing Party to an unaffiliated third party free of any obligation of confidence. 2. Treatment of Confidential Information Dutv to Safeguard: Each Party agrees to protect and safeguard the Confidential Information it receives, and to employ at least such care toward it as it would use to protect its own. The Parties agree to limit strictly the use and access to the other's Confidential Information by employees, agents, and representatives with a need to know. All persons having access to or use of Confidential Information shall be informed in advance of it's confidential nature and of the obligations imposed by this Agreement. Dutv to Report Inconsistent Conduct: The Parties shall promptly report to each other any conduct relating to the Confidential Information that is inconsistent with the provisions of this Agreement. Page 1 of 3 Exhibit L – Mutual Non -disclosure Agreement EJCDC E-505 Standard Form of Agreement Between Owner and Engineer Professional Services—Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. 3. No License or Representations No License: No license to a Party of any trademark, patent, copyright, or other intellectual property right is either granted or applied by this Agreement or any disclosure hereunder; including, but not limited to, any license to make, use, or sell any product embodying, or based upon, Confidential Information. No Representation. Warrantv: No representation, warranty or assurance is made by either Party with respect to the non - infringement of trademarks, patents, copyrights, or other intellectual property rights or rights of third persons. No representation, warranty, express, implied or otherwise, or assurance is made by either Party as to the accuracy or completeness of the Confidential Information. 4. Retention of Rights in, and Return of, Confidential Information All Rights Remain in DisclosinLy Partv: All Confidential Information and all rights owned or claimed in Confidential Information shall remain the sole property of the original disclosing Party. Return of Confidential Information: All tangible media containing Confidential Information (including all copies made by the receiving Party, which no copies shall be made without the receiving Party having first obtained the written authorization for such copies from the disclosing Party) shall be returned promptly to the disclosing Party or destroyed by the recipient upon the earlier of i) termination or expiration of this Agreement; or ii) upon request by the disclosing Party. Upon request of the disclosing Party, the receiving Party shall certify in writing that all tangible media containing such Confidential Information (including copies thereof) have been returned to the disclosing Party or destroyed. 5. Requested or Required Disclosures If a Party is requested or required to disclose Confidential Information in response to a valid order of a court or other governmental body of the United States or its political subdivision, that Party shall give the other Party prompt written notification of such request or requirement so the Party may seek an appropriate protective order or other remedy. The Parties agree to cooperate in seeking such protective order. In the event disclosure must be made, the disclosure shall be made only to the extent of and for the purposes of such order as determined by written opinion of counsel. The Party shall seek assurances that the confidential treatment will be accorded to the disclosed information. 6. Term of Agreement, Survival of Obligations This Agreement shall be effective as of the date stated above and shall govern all communications between the Parties that are made during a period of two (2) years. The obligations of each receiving Party under Section 2 with respect to each disclosure of Confidential Information during the term of this Agreement shall continue for a period of three (3) years after said disclosure. 7. No Detrimental Use of Confidential Information The Parties agree not to use Confidential Information in any way directly or indirectly detrimental to the business operations of each other. 8. No Waiver The Parties shall not be deemed to have waived any term or provision of this Agreement unless such waiver is in writing and signed by a Party's authorized officer or representative. 9. Breach of Agreement Responsibility for Disclosure: The Parties agree that by disclosing information to their authorized employees, agents and representatives, the Parties assume responsibility for compliance by the recipients Page 2 of 3 Exhibit L – Mutual Non -disclosure Agreement EJCDC E-505 Standard Form of Agreement Between Owner and Engineer Professional Services—Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. with this Agreement. The Parties are responsible for any breach of this Agreement by their employees, agents, and representatives with access to Confidential Information. Damages for Breach and Availabilitv of Eauitable Remedies: The Parties acknowledge that breach of this Agreement would result in irreparable harm to the non -breaching Parry and damages that would be difficult to ascertain; therefore, a Parry shall be entitled to seek both injunctive relief, and/or a decree for specific performance and legal equitable recovery for breach of this Agreement. The breaching Party shall pay to the non -breaching Party the reasonable legal fees and expenses incurred by the latter in connection with litigation relating to this Agreement. 10. No Export Neither Party shall export, directly or indirectly, any technical data acquired from the other Party pursuant to this Agreement or any product utilizing any such data to any country for which the U.S. government or any agency thereof at the time of export requires an export license or other government approval without first obtaining such license or approval. 11. No Assignment Neither Party will assign or transfer any rights or obligations under this Agreement without the prior written consent of the other Party, which consent shall not be unreasonably withheld. 12. Notices Any notices required or permitted by this Agreement shall be in writing and shall be delivered as follows, with notice deemed given as indicated: (a) by personal delivery, when delivered personally; (b) by overnight courier, upon written verification of receipt; (c) by telecopy or facsimile transmission, upon acknowledgment of receipt of electronic transmission; or (d) by certified or registered mail, return receipt requested, upon verification of receipt. Notice shall be sent to the addresses set forth above or to such other address as either Party may specify in writing. 13. Governing Law and Jurisdictional Forum This Agreement will be in all respects, governed by and construed and enforced in accordance with the laws of the State of Minnesota, including all matters of construction, validity and performance, without regard to that body of law governing conflicts of law. 14. Entire Agreement This Agreement constitutes the entire understanding of the Parties as to the Confidential Information and supersedes all prior discussions between them relating thereto. No amendment or modification of this Agreement shall be valid or binding on the Parties unless made in writing and signed on by an authorized officer or representative of a Party. Page 3 of 3 Exhibit L – Mutual Non -disclosure Agreement EJCDC E-505 Standard Form of Agreement Between Owner and Engineer Professional Services—Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. TASK ORDER Task Order This is Task Order No. 24600001, consisting of Nine (9) pages. In accordance with paragraph 1.01 of the Standard Form of Agreement Between Owner and Engineer for Professional Services — Task Order Edition, dated February 11, 2008 ("Agreement"), Owner and Engineer agree as follows: 1. Specific Project Data A. Title: Monticello Fiber to the Premise DesiWi / Construction Inspection B. Description: Fast-track fiber to the premise design for the Citv of Monticello , MN havine design releases based on one to a croup of LCP boundaries at a time. 2. Services of Engineer 1. Engineering Outside Plant Each Project is reviewed for completeness and accuracy at regular intervals. ■ Design Criteria Review — Performed by the project engineer. Once the criterion is approved by the project engineer, a request is made for the client to review and approve the Design Criteria which shall incorporate approved industry design standards with all applicable City of Monticello and other local design guidelines and construction standards. ■ Preliminary Design Review — Usually performed as the project reaches the 25%-30% complete mark. The project engineer will review the preliminary package(s) for accuracy and completeness. Once the packages are approved, a request is made for the client to review and approve the Preliminary Design. ■ Detail Design Review — Usually performed as the project reaches the 50%-60% complete mark. The project engineer will review the detail design and bid preliminary package(s) for accuracy and completeness. Once the bid documents and packages are approved, a request is made for the client to review and approve the Detail Design. ■ Final Review - Usually performed as the project reaches the 85%-90% complete mark. The project engineer will review all drawings and packages for accuracy and completeness. Once the drawings and packages are approved, the Final Documents are prepared. ■ Post Construction Review — Usually performed after the construction is complete and the drawings have been revised with the field -record markups. At each stage along the construction process, Spectrum is normally involved, either through direct support (project oversight) or on an as -needed basis. Invariably, there will be questions specific to the field conditions in the construction application of the design. It is critically important that the client and the construction contractor have open access to the designing engineer(s) to insure the project is completed as designed. EJCDC E-505 Standard Form of Agreement Between Owner and Engineer Professional Services—Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. Attachment 1– Task Order Form Page 1 of 9 TASK ORDER a. Outside Plant Design Objective Spectrum Engineering Corporation's (Spectrum) Objective is to help the current and future staff of Monticello, MN to develop a set of construction plans and specifications for an FTTP Design that will allow for an efficient, cost effective, and manageable project. The project scope is stated to be 88.6 miles. Assumptions have been made that the design is to be 100% underground. Requirements: Below is a list of specifications to be written or modified by Spectrum and then approved by the FTF. • Field Walkout Data Collection Process ■ Address and location verification process ■ Underground Path Mapping process • Underground Path Drafting Specifications • PON/LCP Layout, if applicable to (FTF) proposed design Specifications • FTTP Design Specifications • Drop Mapping Specifications (Optional service and not included in this proposal) Roles & Responsibilities: • Spectrum Contact — Kevin O'Neill, Scott Bowles ■ Responsibilities: Kevin and Scott will gather information. Kevin will manage the OSP design while Scott will write the specifications. • Monticello — FTF ■ Responsibilities: Provide information and Signoff on approved specifications. b. Design Scope The purpose of this document is to establish the requirements for the fiber routing and sizing. Requirements - General: • Spectrum proposes to design a fiber optic data model within a Monticello owned relational geodatabase using ESRI® 9.2 products and MS SQL® and Fiberworks from Enghouse Systems Limited 4.3.1 or newer. • The boundary extents will be imported from limits of Monticello's or Wright County's existing base map. • The FTTP project will employ the design topology architecture that was proposed by the consulting firm in the RFP. • The primary building in this project is the HUB/Headend — all fiber trunking is to originate from this location. No new remote buildings or huts are being considered for the initial serving area allowing only passive network to be installed. EJCDC E-505 Standard Form of Agreement Between Owner and Engineer Professional Services—Task Order Edition Copyright 92004 National Society of Professional Engineers for EJCDC. All rights reserved. Attachment 1– Task Order Form Page 2 of 9 TASK ORDER Requirements — Fiber Network Components & Routing: • The types of fiber included in the design include the following: i. Trunk fiber: The fiber connecting the Data Center to the Fiber Distribution Hubs and from the Distribution splits back to the hub. ii. Distribution fiber: The fiber connecting Network Access Points/terminal closures back to Distribution splits. iii. Drop fiber: The fiber connecting dwellings to Network Access Points/terminal closures. (Optional service and not included in this proposal) • The route chosen for Trunk fiber will be determined through the input of the system walkout. • The route chosen for Distribution fiber will be determined through the input of the system walkout. • Splice closure and Terminal closure placement will be determined by need. • Splice naming will follow the convention: System -section #-closure # (MON-001-001). Requirements — Assimin2 Fiber Counts: • Spectrum will attempt to design the fiber network with a minimum number of fiber counts to reduce the inventory levels that Operations will need to manage in the future. • Due to diverse configurations of PON equipment (which is to be selected later), MDU design guidelines will be determined upon this selection. Spectrum will design for a single fiber to each dwelling regardless of electronics capabilities. • The design will include all municipally serviced areas determined by the FTF Telecom Board under the present scope of 88.6 miles. Those determined to be in the future area do -not design list provided by the Owner shall be considered for the design to allow fiber for the future, but will not be designed past that boundary. • Other fiber considerations not affecting count would be Slack Storage Loops and Slack. Requirements — Fiber Connections: Wherever possible within each designed splice enclosure, straight through fibers will not be cut at each location to minimize splicing. Mid -sheath cable entry techniques will be used where practical. Requirements — Drafting: The fiber network, underground path and duct network, and road base will be contained in a single database file that will be referenced into project plan sheets used to bid, construct and as -built the project. All files required to reproduce the as -built plans will be provided to Owner upon completion of the project. Requirements — Other Considerations: Any splice location should be selected to maximize the following conditions: • While it is in the network Owner's best interest that the designers fill as many of the ports on every splice enclosure as practical, efficiency is not the only key objective of any FTTP network. • Operational concerns of drop placement should be kept in mind to aid in the speed of network installs. • Common sense rules. EJCDC E-505 Standard Form of Agreement Between Owner and Engineer Professional Services—Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. Attachment 1– Task Order Form Page 3 of 9 TASK ORDER Requirements — Loss Budget: Each splice enclosure will include an address for which a loss budget will be generated. Requirements — Deliverables: • Preliminary Design Documents o Preliminary Design Criteria o Preliminary Design Drawings o Specifications Outline o Written Project Scope • Estimate of Construction Costs based on Preliminary Design Information • Finalized Preliminary Design Phase Documents after Preliminary Review with Owner • Final Design Documents • Permit Documents 100% ready for signature and submittal to appropriate permitting authority. • Materials List • Total aerial fiber cable length (itemized by count) including storage and slack. • Total underground fiber cable length (itemized by count) including storage, slack and risers • Total drop fiber cable length (Optional service not included in this proposal) • Total number of splice closures • Total number of terminal closures • Total number of cabinets/handholes/pedestals • Total number of locating stakes by type (toneable or non-toneable) • Construction Units List • Opinion of Probable Construction Costs based on Materials and Construction Units • Construction Bid Package for formal construction quotes by qualified construction Contractors • Responses to questions generated by Construction Package responders • Addendums to construction packages if required • Negotiate Final Contract with chosen qualified Construction Contractor • Addendums to Construction Contract as required • Payment and Schedule recommendations for payments to Construction Contractor • As -Built Drawings of final network as constructed at 1"=100' scale on 24"x 36" mylar plan sheets • As -Built Fiber Splice detail • Final Payment and Acceptability of Work Documents • Quality Control Documents as part of Construction Inspection Services o Inspection Documents o Test Results o Etc. • Electronic File — Database • Total as -built Bills of Material (Electronic format) • Total as -built aerial fiber cable length (itemized by count) including storage and slack. • Total as -built underground fiber cable length (itemized by count) including storage, slack and risers • Total drop fiber cable length (Optional service not included in this proposal) • Total as -built number of splice closures • Total as -built number of terminal closures EJCDC E-505 Standard Form of Agreement Between Owner and Engineer Professional Services—Task Order Edition Copyright 02004 National Society of Professional Engineers for EJCDC. All rights reserved. Attachment 1– Task Order Form Page 4 of 9 TASK ORDER • Total as -built number of cabinets/handholes/pedestals • Two (2) sets of Construction drawings/staking sheets to show placement of OSP; one (1) for the City, and one (1) for the OSP Contractor. (Spectrum typically sends the construction documents directly to the Contractor for printing, enabling the City to reduce costs.) • One (1) set of Fiber Splice detail sheets in electronic format. • All electronic files for the project shall be placed on a CD and delivered to the Owner. • Attendance to one (1) project kick-off, one (1) pre-bid and one (1) pre -construction meeting at the owner's location to provide detail about the design philosophy. 2a. Services of Resident Project Representative (RPR) 1. Project Scheduling The RPR shall: ■ work with the Contractor and City to establish a mutually acceptable PERT/CPM using Microsoft Project 2007. ■ conduct weekly progress meetings to facilitate all parties staying on schedule. ■ communicate with the Engineer, Contractor and City regarding any noteworthy issues regarding questions about design or changes in scope, schedule or budget. ■ Work with the City to keep the Public informed about the progress of the Project and about problems that arise in the field. ■ Observe, verify and document all inspections and/or tests ■ Ensure and document that all tests are performed correctly and that all construction meets design specifications. ■ Ensure that all Public ROW and other ordinances are observed and followed. 2. Project Inspection The RPR shall: ■ review all shop drawings and submittals from the Contractor. ■ attend meeting with Contractor such as preconstruction conferences, progress meetings, job conferences and other project -related meetings, and prepare and circulate copies of the minutes of each. ■ conduct daily inspections of the Contractor's completed work. Said person shall endeavor to validate the quality, accuracy and completeness of the Contractor's work. ■ Ensure that there exists at least 1 inspector for every three construction crews at all times ■ notify the Contractor of any deficiencies and establish a reasonable plan for remediation. ■ test the passive optical network at 1310nm, 1550nm, and 1625nm to insure suitability for presently planned and future potential network traffic. ■ review and validate the Contractor's requests for payment. ■ serve as Engineer's liaison with Contractor, working principally through Contractor's superintendent, and assist in providing information regarding the intent of the Contract Documents. ■ assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's on -Site operations. ■ assist in obtaining from Owner additional details or information, when required for proper execution of the Work. EJCDC E-505 Standard Form of Agreement Between Owner and Engineer Professional Services—Task Order Edition Copyright 02004 National Society of Professional Engineers for EJCDC. All rights reserved. Attachment 1– Task Order Form Page 5 of 9 TASK ORDER ■ receive as -built records from the Contractor and the Owner and forward to the Engineer for incorporation into record prints ■ perform a final walkthrough and generate punch list describing the remaining work to be completed prior to closeout. Please refer to Exhibit A "Schedule of Engineer's Services". Please refer to Exhibit D "Schedule of Duties, Responsibilities, and Limitations of Authority of Resident Project Representative". Please refer to Spectrum Proposal titled "Proposal for City of Monticello, Minnesota Fiber to the Premise Design / Construction Management" which is heretofore included as a part of this contract and serves to describe the work and time frame in greater detail. 3. Owner's Responsibilities Owner shall have those responsibilities set forth in Article 2 and in Exhibit B. 4. Times for Rendering Services Phase Preliminary Design (Initial Work Orders) Final Design (Initial Work Orders) Final Design (Final Work Orders) Completion Date 4 WKS ARO and Owner supplied data 4 WKS after Preliminary Design 28 WKS after Preliminary Design EJCDC E-505 Standard Form of Agreement Between Owner and Engineer Professional Services—Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. Attachment 1– Task Order Form Page 6 of 9 TASK ORDER 5. Payments to Engineer A. Owner shall pay Engineer for services rendered as follows: For professional engineering services, Spectrum proposes to complete this project as outlined below. The cost for each sub -project, as well as the costing method (fixed fee, cost plus, etc.) is detailed in the table below. Costs include Spectrum management of the overall project engineering, design and documenting. All costs are based on straight time rates. Reimbursable Expenses, incurred in connection with all above described Services, will only be charged as they are incurred and will be in accordance with the Engineer's Standard Billing Rates. Spectrum shall invoice monthly for work performed. Category of Services Network Design' Construction Bid Package2 Identifying Rights of Way3 Identifying Final Locations for fiber Placement Preparing Final For Record Drawings Resident Project Representative and Post - Construction Phase Services Additional Services B — Standard Hourly Rates B — Standard Hourly Rates Spectrum needs to Specify which hourly rates apply to inspection. B. The terms of payment are set forth in Article 4 of the Agreement and in Exhibit C. 1 The level of effort described assumes 88.6 miles of outside plant and a maximum of 5,700 potential subscriber passings. Should the design exceed these values, Spectrum reserves the right to request a change order in proportion to the overage. 2 Spectrum assumes a single bid package. Included in the above stated price, Spectrum will assist the City with quoting for an up front buffer stock of construction materials. Both the client and the Respondent recognize that to properly research and CoGo all rights of way would be extremely time consuming, expensive, and impractical given the desired schedule. Spectrum assumes no liability regarding the validity or accuracy of the provided data. Spectrum will however, do its best to design within all described easements and rights of way. 4 Spectrum assumes that the contractor will splice all as directed. No splice changes will be required. Fiber path will be adjusted based on GPS points provided by the owner in a ESRI shape file. . Input of Z-coordinates is optional and not part of this proposal. EJCDC E-505 Standard Form of Agreement Between Owner and Engineer Professional Services -Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. Attachment 1— Task Order Form Page 7 of 9 Lump Sum, or Compensation Method Estimate of Compensation for Services E - Fixed Fee, excluding $175,784 reimbursable expenses E - Fixed Fee, excluding $12,040 reimbursable expenses D - Not -to -Exceed excluding reimbursable $51232 expenses E - Fixed Fee, excluding $141320 reimbursable expenses D - Not -to -Exceed excluding reimbursable $115520 expenses B — Standard Hourly Rates B — Standard Hourly Rates Spectrum needs to Specify which hourly rates apply to inspection. B. The terms of payment are set forth in Article 4 of the Agreement and in Exhibit C. 1 The level of effort described assumes 88.6 miles of outside plant and a maximum of 5,700 potential subscriber passings. Should the design exceed these values, Spectrum reserves the right to request a change order in proportion to the overage. 2 Spectrum assumes a single bid package. Included in the above stated price, Spectrum will assist the City with quoting for an up front buffer stock of construction materials. Both the client and the Respondent recognize that to properly research and CoGo all rights of way would be extremely time consuming, expensive, and impractical given the desired schedule. Spectrum assumes no liability regarding the validity or accuracy of the provided data. Spectrum will however, do its best to design within all described easements and rights of way. 4 Spectrum assumes that the contractor will splice all as directed. No splice changes will be required. Fiber path will be adjusted based on GPS points provided by the owner in a ESRI shape file. . Input of Z-coordinates is optional and not part of this proposal. EJCDC E-505 Standard Form of Agreement Between Owner and Engineer Professional Services -Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. Attachment 1— Task Order Form Page 7 of 9 TASK ORDER Consultants: 7. Other Modifications to Agreement: [Supplement or modify Agreement and Exhibits, if appropriate.] 8. Attachments: 9. Documents Incorporated By Reference: EJCDC E-505 Standard Form of Agreement Between Owner and Engineer Professional Services—Task Order Edition Copyright 02004 National Society of Professional Engineers for EJCDC. All rights reserved. Attachment 1– Task Order Form Page 8 of 9 TASK ORDER Terms and Conditions: Execution of this Task Order by Owner and Engineer shall make it subject to the terms and conditions of the Agreement (as modified above), which Agreement is incorporated by this reference. Engineer is authorized to begin performance upon its receipt of a copy of this Task Order signed by Owner. The Effective Date of this Task Order is February 1 1, 2008 . OWNER: ENGINEER: City of Monticello, Minnesota Spectrum Engineering Corporation By: By: Name: Honorable Clint Herbst Title: Mayor DESIGNATED REPRESENTATIVE FOR TASK ORDER: Name: Title: Address: E -Mail Address: Phone: Fax: Name: Scott D. Bowles, P.E. Title: President Engineer License or Firm's 9400273 Certificate No. State of. Indiana DESIGNATED REPRESENTATIVE FOR TASK ORDER: Name: Mr. Rodrick Sibery Title: Corporate Projects Manager Address: 5524 N. County Line Rd. Auburn Indiana 46706 E -Mail rlsibery@spectrumeng.com Address: Phone: 260.627.8888 Fax: 260.627.8102 EJCDC E-505 Standard Form of Agreement Between Owner and Engineer Professional Services—Task Order Edition Copyright ©2004 National Society of Professional Engineers for EJCDC. All rights reserved. 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