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Home My WebLink About11.19.07 Council Packet City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promising future, AGENDA PRE-CITY COUNCIL MEETING November 19, 2007 6:30 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 2. APPROVE AGENDA 3. CITIZEN COMMENTS 4. COUNCIL REVIEW OF AGENDA 5. STAFF COMMENTS 6. ADJOURN PUBLIC INFORMATION STATEMENT Council workshops are conducted as an informal work session, all discussions shall be considered fact-finding, hypothetical and unofficial critical thinking exercises, which do not reflect an official public position, Council work session outcomes should not be construed by the attending public and/or reporting media as the articulation of a formal City policy position, Only official Council action normally taken at a regularly scheduled Council meeting should be considered as a formal expression of the City's position on any given matter. City ofFannington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promisingfUture, AGENDA REGULAR CITY COUNCIL MEETING NOVEMBER 19, 2007 7:00 P.M. CITY COUNCIL CHAMBERS Action Taken 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVEAGENDA 5. ANNOUNCEMENTS/COMMENDATIONS a) Introduce New Employee - Parks and Recreation b) Acknowledge Retirement - Bill Sauber Introduced Acknowledged 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (11/5/07 Regular) b) Approve Various Licenses and Permits - Administration c) Set Special Council Meeting Board and Commission Interviews - Administration d) Adopt Resolution - Approve Gambling Event Permit - Administration e) Appointment Recommendation Municipal Services - Human Resources f) October 2006 Financial Report - Finance g) Approve Special Assessment Agreement POR-MKR Real Estate- Community Development h) Approve Bills Approved Approved January 5, 2008 R85-07 Approved Information Received Approved Approved 8. PUBLIC HEARINGS a) Approve 2008 License Renewals - Administration Approved 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Approve 2008-2012 CIP - Finance b) Approve Appointment Independent Audit Engagement - Finance Approved Approved 11. UNFINISHED BUSINESS a) Deferred Park Improvements - Parks and Recreation Information Received 12. NEW BUSINESS a) Draft - 2008 Bonestroo Contract - Administration Approved 13. COUNCIL ROUNDTABLE 14. EXECUTIVE SESSION - Discuss Litigation 15. ADJOURN City of Farmington 325 Oak Street Farmington, MN 55024 Mission Statement Through teamwork and cooperation, the City of Farmington provides quality services that preserve our proud past and foster a promising future, AGENDA REGULAR CITY COUNCIL MEETING NOVEMBER 19, 2007 7:00 P.M. CITY COUNCIL CHAMBERS Action Taken 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS / COMMENDATIONS a) Introduce New Employee - Parks and Recreation 6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments) 7. CONSENT AGENDA a) Approve Council Minutes (11/5/07 Regular) b) Approve Various Licenses and Permits - Administration c) Set Special Council Meeting Board and Commission Interviews - Administration d) Adopt Resolution - Approve Gambling Event Permit - Administration e) Appointment Recommendation Municipal Services - Human Resources f) October 2006 Financial Report - Finance g) Approve Special Assessment Agreement POR-MKR Real Estate - Community Development h) Approve Bills Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 8. PUBLIC HEARINGS a) Approve 2008 License Renewals - Administration Page 9 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Approve 2008-2012 CIP - Finance b) Approve Appointment Independent Audit Engagement - Finance Page 10 Page 11 11. UNFINISHED BUSINESS a) Deferred Park Improvements - Parks and Recreation Page 12 12. NEW BUSINESS a) Draft - 2008 Bonestroo Contract - Administration Page 13 13. COUNCIL ROUNDTABLE 14. EXECUTIVE SESSION -Discuss Litigation 15. ADJOURN 7 a... COUNCIL MINUTES PRE-MEETING NOVEMBER 5, 2007 1. CALL TO ORDER The meeting was called to order by Mayor Soderberg at 6:30 p.m. Members Present: Members Absent: Also Present: Soderberg, Fogarty, McKnight, Pritzlaff, Wilson None Cindy Kirchoff, Acting City Attorney; Peter Herlofsky, City Administrator; Robin Roland, Finance Director; Brian Lindquist, Police Chief; Randy Distad, Parks and Recreation Director; Lee Mann, Director of Public Works/City Engineer; Brenda Wendlandt, Human Resources Director; Todd Reiten, Assistant Public Works Director; Cynthia Muller, Executive Assistant 2. APPROVE AGENDA MOTION by McKnight, second by Fogarty to approve the Agenda. APIF, MOTION CARRIED. 3. CITIZEN COMMENTS 4. COUNCIL REVIEW OF AGENDA Councilmember Fogarty noted $4200 is being requested for landfill abatement funds and asked if it was coming from the general fund. Assistant Public Works Director Reiten explained that money is being requested from the county. Councilmember McKnight asked where the cabling cost would come from for the new City Hall. City Administrator Herlofsky explained it would be coming from the LOGIS budget, Council Chambers technology, a variety of items. Councilmember McKnight asked about the project cost for $20,000 for fiscal fees. Finance Director Roland explained that is the insurance cost incurred for all the projects this year for general liability insurance. Councilmember Pritzlaff asked why the cabling was not included in the original bid for City Hall. Finance Director Roland explained cabling bids have been done separately because there is a certain amount of technology that is not part of the general contracting. The City obtains a better price and staff does some of the work themselves. Councilmember Pritzlaff asked about the Parks appointment recommendation and if someone left. Human Resources Director Wendlandt explained the resignation for this position was approved at the last Council Meeting and someone is now being appointed for this position, Council Minutes (Pre.Meeting) November 5, 2007 Page 2 Councilmember Pritzlaff asked about the change orders for City Hall and ifthese items were not known. City Administrator Herlofsky explained the $210 was to add 1" to a pipe. City Engineer Mann explained the $3400 was for a manhole in the 1 st Street garage. The floor drain goes into the pipe and then into the manhole. This will be a well house Water Board expense. Councilmember Wilson noted in the CIP it lists extending Ash Street to Pilot Knob Road and asked if that would be 100% developer expense, City Engineer Mann explained staff does not have a breakdown of funding because there is no developer at this time. It is a county alignment so staff would talk with the county about participating in the cost and the developers adjacent to the road would pay for at least half of the cost. 5. STAFF COMMENTS City Administrator Herlofsky gave a letter to Council from Mr. Bob Knutson giving a timeline for work on DuShane Road. Gravel will be placed for the road and Spruce Street should be open at that time. City Administrator Herlofsky will have the legislative policies from the LMC and Metro Cities e-mailed to Council. 6. ADJOURN MOTION by Fogarty, second by McKnight to adjourn at 6:42 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~/-r7~ Cynthia Muller Executive Assistant COUNCIL MINUTES REGULAR NOVEMBER 5, 2007 1. CALL TO ORDER The meeting was called to order by Mayor Soderberg at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Soderberg led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Audience: Soderberg, Fogarty, McKnight, Pritzlaff, Wilson None Cindy Kirchoff, Acting City Attorney; Peter Herlofsky, City Administrator; Robin Roland, Finance Director; Randy Distad, Parks and Recreation Director; Lee Mann, Director of Public Works/City Engineer; Brenda Wendlandt, Human Resources Director; Cynthia Muller, Executive Assistant Justine Jacobson 4. APPROVE AGENDA MOTION by McKnight, second by Pritzlaffto approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Introduce New Liquor Store Managers - Finance Finance Director Roland introduced John Arend and Dave Trihus as the new Liquor Store Managers. 6. CITIZEN COMMENTS Ms. Michelle Leonard, 727 Tamarack Trail, invited Council, staff and the community to the omelet breakfast at the American Legion on Sunday. This will be hosted by the Sons of the American Legion and proceeds will go to benefit the 2008 Rambling River Days celebration. Last year the benefit raised $1300. The Rambling River Days Committee is looking at expanding the celebration to a full week. The breakfast will be held from 8:30 a.m. -12:00 on Sunday, November 11,2007. 7. CONSENT AGENDA MOTION by Pritzlaff, second by Fogarty to approve the Consent Agenda as follows: a) Approved Council Minutes (10/15/07 Regular) (10/17/07 Special) b) Adopted RESOLUTION R79-07 Approving Submittal of Application for Landfill Abatement Funds from Dakota County - Public Works c) Set November 19, 2007 Public Hearing for Various Licenses and Permits- Administration d) Adopted RESOLUTION R80-07 Approving 2008 Safe and Sober Participation- Police Department ":,, Council Minutes (Regular) November 5, 2007 Page 2 e) Adopted RESOLUTION R81-07 Accepting Donation - Police Department f) Acknowledged Resignation Fire Department - Human Resources g) Acknowledged Retirement Fire Department - Human Resources h) Authorized Request for Proposals for City Hall Cabling - Human Resources i) Adopted RESOLUTION R82-07 Approving Appointment of Vantage Trust Company as Successor Trustee for 457 Deferred Compensation Plan - Human Resources j) Approved Appointment Recommendation Parks and Recreation - Human Resources k) Adopted RESOLUTION R83-07 Approving Annual Salary Adjustment for Fannington Department Directors - Human Resources 1) Approved Bills. APIF, MOTION CARRIED. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Approve Park Master Plans - Parks and Recreation Ms. Amy Bower, of Hoisington Koegler, presented the master plan for the community park in the Fairhill development. The site covers 32 acres and would include soccer fields, ball fields, parking, community center, rain gardens, and trails, MOTION by Fogarty, second by Wilson to approve the master plan for Fairhill Park. APIF, MOTION CARRIED. Parks and Recreation Director Distad presented the master plans for North Creek Park and Fannington Preserve Park. North Creek Park is located in Riverbend and covers 6.5 acres. The park would include outdoor hockey rinks, pleasure rink, wanning house, shelter, parking lot, trails, small splash pad, climbing boulder, informal soccer field, and a pond that is 30-40 ft. deep with a fishing dock and gazebo. MOTION by Fogarty, second by Wilson to approve the North Creek Park Master Plan. APIF, MOTION CARRIED. Fannington Preserve Park consists of two parts. One part is open space and wetland. The other part is a 4.2 acre park located at Embers Avenue and 195th Street. The park would include a parking lot, trails, picnic shelter, half court basketball court with an extension for other activities, playground equipment, informal ball field and open play field. The open space is 62 acres and would contain a trail to the park and to Akin Road. The area would be left as a natural, open space. MOTION by McKnight, second by Pritzlaffto approve the Fannington Preserve Park Master Plan. APIF, MOTION CARRIED. Some of the improvements will be done in 2008 with the remaining improvements deferred until a later date. Council asked about the projected shortfall for park development. Staffwill bring this back to the next meeting, Council Minutes (Regular) November 5, 2007 Page 3 b) Park Projects Update - Parks and Recreation Parks and Recreation Director Distad updated Council on park improvements in the CIP. He outlined improvements made in Daisy Knoll Park, Dakota County Estates Park, Westview Park, Meadowview Park boardwalk, and Evergreen Knoll Park, and Meadow Creek 3rd Addition Park. c) Flagstaff Avenue Project Update - Engineering City Engineer Mann updated Council on the Flagstaff Avenue project. Work is being done on the south side of CSAH 50 and should be done this week. The road should be in place by the week of November 26 and will be open to traffic. With the sewer being completed on the south side of CSAH 50 this week, they anticipate starting on the sewer on the north side next week and bring it up to the high school. This week north of 195th Street they are J?lacing class 5, installing culverts and curb and the plan is to pave north of 195 Street next week. Regarding the land acquisition, staff is still negotiating with five property owners for compensation. d) Review Proposed 2008-2012 CIP - Engineering Finance Director Roland presented the 200S-20l2 CIP containing public works, parks and general government projects, The costs for these projects have been updated. Certain parks projects in the future anticipate other funding sources other than park improvement funds, such as referendum funding. Public works projects in 200S will be reflected in the 200S capital projects budget. The general government project is the expansion of the Central Maintenance Facility which would take place in two years. The total projects anticipated in the five year plan are over $50 million. The City will not be bonding for all these projects. Some are driven by development and have alternative funding sources besides bonding. Councilmember McKnight stated Council has talked about a stop light at CSAH 50 and Flagstaff Avenue when the high school opens. He felt Council should look at a worst case scenario if the City has to pay for it and would like to see it in the CIP. Next year he felt Council should talk about the Walnut Street project and the Central Maintenance Facility expansion. He liked to see the 20Sth Street project on the CIP. He would like the stop light issue on the CIP for 2009. Mayor Soderberg agreed with the stop light at CSAH 50 and Flagstaff Avenue. It needs to be there when the high school opens, City Engineer Mann noted regarding the signal at CSAH 50 and Flagstaff Avenue, at the transportation workshop the City and County were going to meet to review several intersections in the area of the new high school. A proposal will be brought to Council as to how to further study the area. The signal at CSAH 50 and Flagstaff will be included. Council Minutes (Regular) November 5, 2007 Page 4 e) September 2007 Financial Report - Finance Through % ofthe year the general fund as received 58% of its revenue and spent 72% ofthe expenditure budget. As the tax proceeds arrive in December, the revenues will be over budget. Expenditures should be less than revenues by $200,000 - $300,000. This amount will be added to the fund balance. There are positive fund balances for almost all of the other funds. Enterprise funds are on track for 2007. f) Consider Investment Policy - Finance The auditors encouraged the City to adopt a formal Investment Policy which outlines the purpose of investing, the delegation of authority, the discussion of prudence in investing, an outline of what can and cannot be invested in by the City, the objectives of the policy, the reporting, the diversification and the authorized financial institutions and the qualifications for brokers. This policy is currently in effect, but staff requested Council to formally approve it. MOTION by Fogarty, second by McKnight to adopt RESOLUTION R84-07 adopting the City Investment Policy. APIF, MOTION CARRIED. g) City Hall I 1 st Street Garage Change Orders - Administration City Administrator Herlofsky presented the change orders for the City Hall and 1 st Street Garage projects. There is a $210 change order to the plumbing for City Hall, The state wanted to change the size of one of the pipes. The second change order is for $3,423 for a drainage manhole at the 1 st Street Garage. Funding will be coming from the water fund. Council was also informed of other items that the architects are reviewing. MOTION by Pritzlaff, second by Fogarty to approve change order no. 3 in the amount of $21 0 and change order no. 4 in the amount of $3,423, APIF, MOTION CARRIED. h) City Hall Budget Update - Administration City Administrator Herlofsky presented Council with an updated budget for the City Hall and 1 st Street Garage projects. 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE a) Legislative Efforts - Administration City Administrator Herlofsky received draft legislative policies from the League of Minnesota Cities and Association of Metropolitan Municipalities. These will be e-mailed to Council. Councilmember Fogarty: Encouraged everyone to vote tomorrow in the school district election. Council Minutes (Regular) November 5, 2007 Page 5 Councilmember McKnight: He and Councilmember Wilson attended the ribbon cutting at CVS Pharmacy. He also welcomed the Family Vision Clin'ic to Farmington. This Saturday is the Fire Department Turkey Bingo at Fire Station 1. There will be an omelet breakfast at the American Legion on Sunday to support Rambling River Days. He will not be at the December 3, 2007 meeting. Regarding the budget, the only new position he would support is the Investigator position. Councilmember Wilson: He attended the Dakota Communications Center open house and it is a phenomenal building. He attended the ribbon cutting at CVS Pharmacy. He recognized Boy Scout Troop 118 in attendance at the meeting. Councilmember Pritzlaff: He attended the Dakota Communications Center open house and the building is impressive. All the departments in Dakota County will be well served. He also attended the flag raising ceremony at Valmont for achieving MnStar status in their OSHA program. He attended an MVT A meeting and they are working on transportation issues. He noted a folder prepared by Lisa Dargis with information on businesses to help promote the City. Mayor Soderberg: There will be an omelet breakfast at the American Legion on Sunday. Turkey bingo is Saturday at the Fire Station. The Knights of Columbus will have a turkey bingo November 17 and proceeds will go to the food shelf. He would like to have a workshop in the near future to discuss what took place at the MVT A meeting. He would like this between now and January 1. The MnStar program at Valmont is a very rigorous program. Valmont was the 23rd work site in the state to receive this recognition out of 150,000 job sites in Minnesota. The Dakota Communications Center is a phenomenal facility and will be open by January 1. 14. ADJOURN MOTION by Fogarty, second by McKnight to adjourn at 8:21 p.m. APIF, MOTION CARRIED. Respectfully submitted, " .{' . ...L/:~7 '>-7/7 . . ",/f::!-/7 ':;P~-'C<::d. I' y r u.e;.t:e.'-../ I' ,,' Cynthia Muller Executive Assistant 7/; City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463,2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administrator$- FROM: Lisa Shadick, Administrative Services Director SUBJECT: Various Licenses and Permit Renewals DATE: November 19,2007 INTRODUCTION City Ordinance 3-2-5 states that the Council has the authority to approve both On-Sale and Off-Sale Beer Licenses; Ordinance 3-25-7 regulates the granting oflicenses for Billiard Halls; Ordinance 3-7-3 regulates the granting of Cigarette Licenses; Gaming Device Licenses are issued and renewed by the City Council after application has been made in accordance with Ordinance 3-16-2. DISCUSSION The following establishments have submitted their applications for issuance and/or renewal: Beer On-Sale - B & B Pizza, 216 Elm Street Farmington Billiards, 933 8th Street Ugly Mug, 18450 Pilot Knob Road Ted's Pizza, 18500 Pilot Knob Road Fountain Valley Golf Course, 2830 220th Street West Oasis Market, 705 8th Street Kwik Trip, 217 Elm Street K wik Trip, 18290 Pilot Knob Road Speedway SuperAmerica, 18520 Pilot Knob Road Econofoods, 115 Elm Street Fountain Valley Golf Course, 2830 220th Street West Mini Smart, 22280 Chippendale Avenue Beer Off-Sale - Gaming Device License - Farmington Lanes, 27 5th Street Farmington Billiards, 933 8th Street B&B Pizza, 216 Elm Street Billiard License - Farmington Billiards, 933 8th Street Cigarette License - Farmington Municipal Liquor Store, 18350 Pilot Knob Road Farmington Municipal Liquor Store, 109 Elm Street Farmington Amcon, 957 8th Street (formerly Conoco) Econofoods, 115 Elm Street Kwik Trip, 217 Elm Street K wik Trip, 18290 Pilot Knob Road Oasis Market, 705 8th Street Speedway SuperAmerica, 18520 Pilot Knob Road CVS Pharmacy, 19605 Pilot Knob Road Restwell Motel, 20991 Chippendale Avenue Mini Smart, 22280 Chippendale Avenue (December 2007 License) Mini Smart, 22280 Chippendale Avenue (2008 License) The appropriate forms, fees and insurance information have been submitted with the applications. The Police Chief has reviewed the forms and approved the applications for issuance. BUDGET IMPACT The fees collected are included in the revenue estimates of the budget. ACTION REQUESTED Approve Licenses for the above mentioned applicants. Respectfully submitted, ~/I. -Jlvu:i~L Lisa Shadick Administrative Services Director 7(!.. City of Farmington 325 Oak Street Farmington, Minnesota 651.463,7111 . Fax 651.463.2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Administratorrl FROM: Lisa Shadick, Administrative Services Directbi' SUBJECT: Appointments to Boards and Commissions DATE: November 19,2007 INTRODUCTION On January 31 of each year a number of Boards and Commissions terms expire. Traditionally the City Council has interviewed incumbents and new applicants on a Saturday in January and appoints at the second meeting in January. DISCUSSION The following is a list of terms expiring on January 31,2008: Heritage Preservation Commission 1 - three-year terms Park and Recreation Advisory Commission 2 - three-year terms Planning Commission 3- two-year terms Rambling River Center Board 2 - three-year terms. Water Board 1 - three-year term Economic Development Authority 1 - six-year term Articles will be published in the November 29 and December 6, 2007 issues of the Farmington Independent informing residents of the opportunities to serve on City Boards and Commissions. A notice was put in the NovemberlDecember issue of the City Newsletter and information is also posted on the City website and Government Channel 16. Letters will be sent to incumbents notifying them of the expiration of their term and requesting them to reapply if they are interested. The deadline for applications is December 21,2007. ACTION REOUIRED Set a special meeting of the City Council on Saturday, January 5, 2008 at 8:00 a.m. at City Hall to interview incumbents and applicants for Boards and Commissions appointments. Respectfully submitted, ~-dAa_~ Lisa Shadick Administrative Service Director 7d City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.cLfarmington.mn.us TO: Mayor, Councilmembers, City Administraton7 \.../ FROM: Lisa Shadick, Administrative Services Director SUBJECT: Gambling Event Permit - Knights of Columbus Council #2400 DATE: November 19,2007 INTRODUCTION The Knights of Columbus Council #2400 is requesting a Gambling Event Permit for two Bingo events to be held January 26,2008 and November 22,2008. DISCUSSION Per State Statute 349.166 and pertinent City Code, a Gambling Event Permit must be issued by the City for this type of event. The appropriate permit application and fees have been received. BUDGET IMPACT Gambling fees are included in the revenue estimates ofthe budget. ACTION REQUESTED Consider the attached Resolution granting a Gambling Event Permit to the Knights of Columbus at St. Michael's Church, 22120 Denmark Avenue, on January 26,2008 and November 22,2008. Respectfully submitted, ~-~~ Lisa Shadick Administrative Services Director RESOLUTION NO. R -07 APPROVING A MINNESOTA LAWFUL GAMBLING EVENT PERMIT APPLICATION FOR KNIGHTS OF COLUMBUS COUNCIL #2400 Pursuant to due call and notice thereof, a regular meeting ofthe City Council ofthe City of Farmington, Minnesota, was held in the Council Chambers of said City on the 19th day of November 2007 at 7:00 p.m. Members Present: Members Absent: Member introduced and Member seconded the following: WHEREAS, pursuant to M.S. 349.166, the State of Minnesota Gambling Board may not issue or renew a Gambling Event Permit unless the City Council adopts a Resolution approving said permit; and, WHEREAS, the Knights of Columbus Council #2400 has submitted an application for a Gambling Event Permit to be conducted at 22120 Denmark Avenue for Council consideration. NOW, THEREFORE, BE IT RESOLVED by the Farmington City Council that the Gambling Event Permit for the Knights of Columbus Council #2400 to be conducted at 22120 Denmark Avenue, is hereby approved. This resolution adopted by recorded vote of the Farmington City Council in open session on the 19th day of November 2007. Mayor Attested to the day of November 2007. City Administrator SEAL City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us 7e.. TO: Mayor, Councilmembers, and City AdministratO(Y FROM: Brenda Wendlandt, Human Resources Director . J SUBJECT: Appointment Recommendation - Director of Municipal Services DATE: November 19,2007 INTRODUCTION The recruitment and selection process for the appointment of a Director of Municipal Services has been completed. DISCUSSION After a thorough review by the City Administrator and the Human Resources Office, a contingent offer has been made to Todd Reiten, subject to ratification by the City Council. Mr. Reiten has been employed in the Public Works Department of the City of Farmington since August of 1993. He was promoted to the position of Assistant Director of Public Works in August of 2006. Mr. Reiten meets the qualifications for this position. BUDGET IMPACT Funding for this position is authorized in the proposed 2008 budget. ACTION REQUESTED Approve the appointment of Mr, Todd Reiten as Director of Municipal Services effective on January 1, 2008. Respectfully submitted, ~f~~~k- Brenda Wendlandt, SPHR Human Resources Director cc: personnel file g~ ~ g ~3 " <1> ll> " " '" lilll> o is. ~g' a ~ ~ !;;. " :>- g l!!. en <1> a 03 ~ <1> 3 "8 iiJ -< 0;- ~ !Po :!! 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D) ~ 0 Ul (Q 0 ::r en - "T1 0 0 ~ :e ~ 7:J City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.fannington.mn.us TO: Mayor, Councilmembers, and City AdmiIDstraro@ Robin Roland, Finance Director FROM: SUBJECT: Special Assessment Agreement - POR-MKR DATE: November 19, 2007 INTRODUCTION POR - MKR Real Estate has acquired property in the industrial park and wishes to have their development fees assessed against the property instead of paying them immediately. DISCUSSION The attached assessment agreement formalizes the wish ofPOR-MKR Real Estate to assess the development fees agreed to in their development agreement against the property over a ten year period at 5%. ACTION REQUESTED Adopt the attached assessment agreement. Respectfully submitted, *~ / Robin Roland Finance Director SPECIAL ASSESSMENT AGREEMENT AGREEMENT made this i day of ~\)"'-tW\.k2007, by and between the CITY OF FARMINGTON, a Minnesota municipal corporation ("City") and POR-MKR REAL ESTATE, LLC, a Minnesota limited liability company (the "Property Owner"). RECITALS A. Property Owner is the fee owner of the property described on the attached Exhibit "A" (the "subject property"). B. The Subject Property shall be assessed City costs, fees and charges associated with the development of the Subject Property as identified on the attached Exhibit B, for a total amount of $38,985.89 (the "Assessments"). C. Property Owner has requested that the City assess the total amount of the Assessments to the Subject Property in accordance with the terms of this Agreement. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. Special Assessments. The Subject Property is hereby assessed by the City for the Assessments in the amount of $38,985.89. The foregoing assessment will be spread over ten (10) years, with interest accruing at the rate of 5% per year on the unpaid balance until the assessments are paid in full. The Assessments shall be deemed adopted on the date this Agreement is signed by the City. 2. Waiver. The Property Owner waives any and all procedural and substantive objections to the Assessments, including but not limited to hearing requirements and any claims that the Assessments 135167 exceed the benefit to the subject property. The Property Owner waives any appeal rights otherwise available pursuant to Minn. Stat. ~ 429.081. 3. Development Approval. Nothing contained in this Agreement shall be construed to give the Property Owner pre-approval of any development of the Subject Property. 4. Binding: Effect: Recording:. This Agreement shall be binding upon the Property Owner and the Property Owner's successors and assigns. This Agreement may be recorded against the title to the subject property. CITY OF FARMINGTON By: Kevan Soderberg, Mayor And: Peter J. Herlofsky, City Administrator POR-MKRREAL ES~AT~C BY.~$ Its: ~,...Q'~ STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _ day of , 2007, by Kevan Soderberg and Peter J. Herlofsky, respectively the Mayor and City Administrator of the City of Farmington, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public 117753 2 STATE OF MINNESOTA ) [)a' ~ )ss COUNTY OF /(rJ ,( ) . The fi re oing instrument was acknowledged before me this ~ day of fj cJ WrY) be r , 2007, by ~ r" () ", the Chief Manager of POR-MKR REAL ESTATE, LLC, a Minnesota limited liability compan, behalf of s' co ip I THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNuTSON Professional Association 1380 Corporate Center Curve, Suite #317 Eagan, Minnesota 55121 Telephone: (651) 452-5000 AMP/cjh KAREN K JOHNSON NOTARY PUBLIC. M1NNESarA My Commlssj(ll\ Expires JaIl. 31, 2010 ~~ 117753 3 EXHIBIT" A" Lee:al description of the Subiect Property: Lot 3, Block 1, Farmington Industrial Park 20Sth Street Addition, according to the recorded plat thereof, Dakota County, Minnesota. 117753 4 Assessments: 117753 Surface Water Management Fee Water Main Trunk Area Charge Water Treatment Plant Fee (1 REV) Sanitary Trunk Area Charge Park Dedication Fee EXHIBIT "B" TOTAL 5 $23,151.31 $ 6,266.43 $ 645.00 $ 6,680.31 $ 2,823.84 $38,985.89 C::Oa..., City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, City Admirristrator(1 FROM: Lisa Shadick, Administrative Services Director SUBJECT: 2008 License Renewal Public Hearing DATE: November 19, 2007 INTRODUCTION Pursuant to City Ordinance 3-12-6-2, a public hearing must be held to issue or renew On-Sale Liquor Licenses, On-Sale Sunday Liquor Licenses, On-Sale Wine and Club Licenses. Ordinance 3-15-8C regulates the issuance and renewal of Saunas and Therapeutic Massage Licenses. DISCUSSION The following establishments have submitted their applications for renewal: On-Sale Liquor: Farmington Lanes Long Branch Saloon and Eatery Gossips El Tequila Restaurant On-Sale Sunday: Farmington Lanes Long Branch Saloon and Eatery Gossips Eagles Club VFW Club Post #7662 American Legion Post # 189 EI Tequila Restaurant Club Licenses: Eagles Club VFW Club Post #7662 American Legion Post #189 On-Sale Wine & On-Sale Intoxicating Malt Liquor: B & B Pizza Ugly Mug Ted's Pizza Sauna and Therapeutic Massage: Doris Louis - Rite Touch Therapeutic Massage Sherry Jackson Jill Loosbrock - Hadler Family Chiropractic Joel Ward - Hadler Family Chiropractic Barbara Flaherty - Fannington Barber & Beauty Susan Hotchkiss The required attachments, fees and insurance information have been submitted with the applications. The Police Department has reviewed the forms and approved the applications. BUDGET IMPACT The fees collected are included in the revenue estimates of the budget. ACTION REOUIRED Approve the On-Sale Liquor, On-Sale Sunday Liquor, On-Sale Intoxicating Malt Liquor and On-Sale Wine, Club, and Therapeutic Massage Licenses for the businesses listed above, Respectfully submitted, ~/l~~ Lisa Shadick Administrative Services Director /o~ City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, and City Administrato~ Robin Roland, Finance Director W FROM: SUBJECT: Adopt 2008-2012 Capital Improvement Plan (CIP) - Finance DATE: November 19,2007 INTRODUCTION The 2008-2012 Capital Improvement Plan has been completed. The document outlines intended projects for City Buildings, Public Works and Parks over the coming five year period. DISCUSSION The CIP document including individual project sheets was distributed to the Council at the November 5, 2007 meeting. After Council input, staff has revised the summary schedule and provided it with this memo. BUDGET IMPACT The 2008 projects outlined in the CIP are included in the 2008 budget for funding. ACTION REQUESTED Approve the 2008 - 2012 Capital Improvement Plan as presented in summary. Respectfully submitted, ~~ . Robin Roland Finance Director z o b en Z>-f-N -c::U.... ~<(~~ C:::20, L1:~c::a:> ~::I~g OCl)Q:N ~ () (3 00 ~~gg "'UOO ~(ijgg L()15~M~ f- EI7 EI7 N o N .... o N 00 00 00 000 ....00 o a:> <Xl N . . M M ~.... m o o N EI7 <Xl o o N EI7 '" t) (I) .0' a: Cl c: 32 "5 CO ~ C3 (ij o f- u::- rn o o o ai N lJ ~ .~ 8: ~ ~ tII 0 .5 .~ 'ti '" :;: a. it)~ .i!;o.(I)~ "_ e:E (J~U (j) .. 0 me..> >-(ij 11')0 f- 00000000000000000000000 00000000000000000000000 00000000000000000000000 00000000000000000000000 oooovO~~l!')l!')l!')~OOl!')OONOOOON L()~OL()N~ L()~~~~L()~OmMNV~~O~ N~N~ N N ~N~~m .... M .... 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I.~ I.~ (I) .2 I~ (I) ~ (I) '5 u= :2 '0 0= ~ III s:: (I) I "S: UJ rn c:: c: -g~ ..., ~ (1)= :c ..., III .~ E .~ lii "0 (I) (I) ~f; :5: of: c: E I~ ~ ... ... ~ e (I) > III (1)= c: III .- nl III c:: III a: ~~ .. III 0 ~> ~ 0 :2:C ...J o.~ f- c:: :2 z ~u >-- ",- f- N (; N .... (; N o (; N m o o N co o o N .rJ .~ e- o.: i: l. o o o ~- o o N '" ~ o o o N co .... Lri U) o o o cD N ~ cO ~ o o o Lri ~ M cO U) o o o .<f co ~ N .... U) o o o ,...: ~ M r-: .... U) e w a It: Q. Q. C3 ~ ~ c( ~ ~ ~ lOb City of Farmington 325 Oak Street Farmington, Minnesota 651.463,7111 . Fax 651.463,2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers, and City Administratov Robin Roland, Finance Director FROM: SUBJECT: Authorize Audit Engagement DATE: November 19, 2007 INTRODUCTION City staff has received and reviewed Request for Proposals for auditing services for the coming year. DISCUSSION The City received six proposals for auditing services. Kern, DeWenter Viere Ltd (KDV) submitted the lowest proposal as reflected in the following tabulation: Audit for fiscal year ended Audit Firm 2007 2008 2009 3 Year Total Kern, DeWenter, Viere Ltd $ 29,500 $ 30,900 $ 32,300 $ 92,700 Abdo, Eick & Meyers 32,350 33,092 34,144 99,586 Larson Allen 32,350 35,000 36,750 104,100 HLB Tautges Redpath Ltd 36,000 37,250 38,500 111,750 Scanlon, Nietz & Murch 35,800 37,485 39,360 112,645 Virchow Krause 36,080 37,900 39,800 113,780 Eide Bailly, the city's auditor for fiscal year end 2004 - 2006 chose not to submit a proposal. KDV was the City of Farmington's auditor for fiscal year end 1997 - 2003 and provided excellent service during that time frame. ACTION REQUESTED Authorize the attached audit engagement commencing with the City's December 31, 2007 year end with Kern, DeWenter, Viere (KDV) according to their proposal. Robin Roland Finance Director ~DV November 13, 2007 Ms, Robin Roland City of Farmington 325 Oak Street Farmington, MN 55024 Dear Ms, Roland: Weare pleased to confirm our understanding of the services we are to provide the City of Farmington for the year ended December 31, 2007. We will audit the financial statements of the governmental activities, the business-type activities, each major fund and the aggregate remaining fund information, which collectively comprise the basic financial statements of the City of Farmington as of and for the year ended December 31, 2007. U.S, generally accepted accounting standards provide for certain Required Supplementary Information (RSI), such as Management's Discussion and Analysis (MD&A), to accompany the City of Fannington's basic financial statements. As part of our engagement, we will apply certain limited procedures to the City of Fannington's RSI. These limited procedures will consist principally of inquiries of management regarding the methods of measurement and presentation, which management is responsible for affirming to us in its representation letter. Unless we encounter problems with the presentation of the RSI or with procedures relating to it, we will disclaim an opinion on it, The following RSI is required by D,S, generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited: 1. Management's Discussion and Analysis Supplementary information other than RSI, such as combining and individual fund financial statements, also accompanies the City of Fannington's basic financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the basic financial statements and will provide an opinion on it in relation to the basic financial statements: 1, Combining and Individual Fund Financial Statements and Schedules 2, Combining and Individual Fund Financial Statements 3, Supplemental Schedules Certified Public AccOlllilanf.\: WetdtlJ Management Organiznlian Development Strategic Conslllting Tedmology Strvict$ Minneapolis 7100 Northland Circle N. Suite 119 Minneapolis, Minnesota 55428-1500 Phone: 763.537.3011 Fax: 763.537.9682 SL Cloud 220 Park Avenue S. P.O. Box 1304 $1. Cloud. Minnesota 56302 Phone: 320.251.7010 Fax: 320.251.1784 www.kdv.CODl Expert aduic:e. When you nefld it. &\I 877 .912, 7696 Technology Help Desk: 866.400.6426 Audit Objective The objective of our audit is the expression of opinions as to whether your basic financial statements are fairly presented, in all material respects, in conformity with V,S. generally accepted accounting principles and to report on the fairness of the additional information referred to in the first paragraph when considered in relation to the basic financial statements taken as a whole, Our audit will be conducted in accordance with U.S, generally accepted auditing standards and will include tests of the accounting records and other procedures we consider necessary to enable us to express such opinions. If our opinions on the financial statements are other than unqualified, we will fully discuss the reasons with you in advance, If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or to issue a report as a result of this engagement, Management Responsibilities Management is responsible for establishing and maintaining internal controls, including monitoring ongoing activities; for the selection and application of accounting principles and for the fair presentation in the financial statements of the respective financial position ofthe governmental activities, the business-type activities, the aggregate discretely presented component units, each major fund and the aggregate remaining fund information of the City of Farmington and the respective changes in financial position and where applicable, cash flows, in conformity with D,S, generally accepted accounting principles. Management is responsible for the basic financial statements and all accompanying information as well as all representations contained therein, You are also responsible for management decisions and functions; for designating an individual with suitable skill, knowledge or experience to oversee our financial statement preparation services and any other nonattest services we provide; and for evaluating the adequacy and results of those services and accepting responsibility for them, Management is responsible for making all financial records and related information available to us and for the accuracy and completeness of that information. Management is responsible for adjusting the financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud or illegal acts affecting the government involving (1) management, (2) employees who have significant roles in internal control and (3) others where the fraud or illegal acts could have a material effect on the financial statements, Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, regulators or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws and regulations, Audit Procedures - General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested, We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets or (4) violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. Because an audit is designed to provide reasonable, but not absolute, assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us, In addition, an audit is not designed to detect immaterial misstatements, or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements, However, we will inform you of any material errors and any fraudulent financial reporting or misappropriation of assets that come to our attention, We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors, Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also require certain written representations from you about the financial statements and related matters, Audit Procedures - Internal Control Our audit will include obtaining an understanding of the entity and its environment, including internal control sufficient to asses the risks of material misstatement of the financial statements and to design the nature and extent of further audit procedures. We will obtain an understanding of the design of the relevant controls and whether they have been placed in operation, and we will assess control risk. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements, Tests of controls relative to the financial statements are required only if control risk is assessed below the maximum level. Our tests, if performed, will be less in scope that would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control. An audit is not designed to provide assurance on internal control or to identify significant deficiencies, However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under professional standards, Audit Procedures - Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City of Farmington's compliance with applicable laws and regulations and the provisions of contracts and agreements. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion, Audit Administration, Fees and Other We may from time-to-time, and depending on the circumstances, use third-party serVice providers in serving your account. We may share confidential information about you with these service providers, but remain committed to maintaining the confidentiality and security of your information, Accordingly, we maintain internal policies, procedures and safeguards to protect the confidentiality of your personal information, In addition, we will secure confidentiality agreements with all service providers to maintain the confidentiality of your information and we will take reasonable precautions to determine that they have appropriate procedures in place to prevent the unauthorized release of your confidential information to others, In the event that we are unable to secure an appropriate confidentiality agreement, you will be asked to provide your consent prior to the sharing of your confidential information with the third-party service provider. Furthermore, we will remain responsible for the work provided by any such third-party service providers, We understand that your employees will prepare all cash or other confirmations we request and will locate any documents selected by us for testing, The audit documentation for this engagement are the property of Kern, DeWenter, Viere, Ltd, and constitute confidential information, However, we may be requested to make certain audit documentation available to oversight, regulatory or state agencies pursuant to authority given to it by law or regulation. If requested, access to such audit documentation will be provided under the supervision of Kern, DeWenter, Viere, Ltd's personnel. Furthermore, upon request, we may provide photocopies of selected audit documentation to oversight, regulatory or state agencies. The oversight, regulatory or state agencies may intend, or decide, to distribute the photocopies or information contained therein to others, including other governmental agencies, This engagement letter includes your authorization for us to supply you with electronically formatted financial statements or drafts of financial statements, financially sensitive information, spreadsheets, trial balances or other financial data from our files, upon your request, The audit documentation for this engagement will be retained for a minimum of five years after the date the auditors' report is issued or for any additional period requested by the oversight, regulatory or state agencies, If we are aware that a federal awarding agency, pass-through entity or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation. If you intend to publish or otherwise reproduce the financial statements and make reference to our Firm name, you agree to provide us with printers' proofs or masters for our review and approval before printing, You also agree to provide us with a copy of the final reproduced material for our approval before it is distributed, Additionally, if you include our report or a reference to our Firm name in an electronic format, you agree to provide the complete electronic communication using or referring to our name to us for our review and approval prior to distribution, During the course of our engagement, we will request information, and explanations from management regarding the City's operations, internal controls, future plans, specific transactions and accounting systems and procedures, At the conclusion of our engagement we will require, as a precondition to the issuance of our report, that management provide certain representations in a written representation letter. The procedures we will perform in our engagement and the conclusions we reach as a basis for our report will be heavily influenced by the written and oral representations that we receive from management. Accordingly, false representations could cause us to expend unnecessary efforts or could cause a material error or a fraud to go undetected by our procedures. In view of the foregoing, you agree that we shall not be responsible for any misstatements in the City's financial statements that we may fail to detect as a result of false or misleading representations that are made to us by management. In addition, the City further agrees to indemnify and hold us harmless for any liability and all reasonable costs, including legal fees that we may incur as a result of the services performed under this engagement in the event there are false or misleading representations made to us by any member of the City's management, except to the extent such liability or costs are determined to have resulted from the intentional or deliberate misconduct of Kern, DeWenter, Viere, Ltd, personnel. Our fees will be $ 29,500 for the audit of the City's basic financial statements, The fee estimate is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs, Our invoices for these fees will be rendered each month as work progresses and are payable on presentation, In accordance with our firm policies, work may be suspended if your account becomes 60 days or more overdue and will not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report, You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket expenditures through the date of termination, A service charge of 1 % per month, which is an annual rate of 12%, will be added to all accounts unpaid 30 days after billing date, If collection action is necessary, expenses and reasonable attorney's fees will be added to the amount due, Because there are inherent difficulties in recalling or preserving information as the period after an engagement increases, you agree that, notwithstanding the statute of limitations of the State of Minnesota, any claim based on this engagement must be filed within 12 months after performance of our service, unless you have previously provided us with a written notice of a specific defect in our services that forms the basis of the claim, The nature of our engagement makes it inherently difficult, with the passage oftime, to present evidence in a lawsuit that fully and fairly establishes the facts underlying any dispute that may arise between us, We both agree that notwithstanding any statute of limitation that might otherwise apply to a claim or dispute, including one arising out of this agreement or the services performed under this agreement, or for breach of contract, fraud or misrepresentation, a lawsuit must be commenced within twenty-four (24) months after the date of our report, This twenty- four (24) month period applies and starts to run on the date of each report, even if we continue to perform services in later periods and even if you or we have not become aware of the existence of a claim or the basis for a possible claim, In the event that a claim or dispute is not asserted at least sixty (60) days before the expiration of this twenty-four (24) month period, then the period of limitation shall be extended by sixty (60) days, to allow the parties to conduct non-binding mediation. Our role is strictly limited to the engagement described in this letter, and we offer no assurance as to the results or ultimate outcomes of this engagement or of any decisions that you may make based upon our communications with, or our reports to you, Your City will be solely responsible for making all decisions concerning the contents of our communications and reports, for the adoption of any plans and for implementing any plans you may develop, including any that we may discuss with you, You agree that it is appropriate to limit the liability ofKDV, its shareholders, directors, officers, employees and agents and that this limitation of remedies provision is governed by the laws of Minnesota, without giving effect to choice of law principles, You further agree that you will not hold us liable for any claim, cost or damage, whether based on warranty, tort, contract or other law, arising from or related to this agreement, the services provided under this agreement, the work product, or for any plans, actions or results of this engagement, except to the extent authorized by this agreement. In no event shall we be liable to you for any indirect, special, incidental, consequential, punitive or exemplary damages, or for loss of profits or loss of goodwill, costs or attorney's fees, The exclusive remedy available to you shall be the right to pursue claims for actual damages that are directly caused by acts or omissions that are breaches by us of our duties under this agreement, but any recovery on any such claims, including any costs and attorneys' fees incurred in pursuing them, shall not exceed the fees actually paid under this agreement by you to KDV. We appreciate the opportunity to be of service to the City of Farmington, Minnesota, and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us, Sincerely, KERN, DEWENTER, VIERE, LTD, Matthew L. Mayer Certified Public Accountant RESPONSE: This letter correctly sets forth the understanding of the City of Farmington, Minnesota, By: Title: Date: / /a... City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator (j Randy Distad, Parks and Recreation Director FROM: RE: Deferred Park Improvements DATE: November 19,2007 INTRODUCTION/ACTION REQUESTED A question arose during the November 5, 2007 City Council meeting about how much park improvements have been deferred since the park master planning process was started in 2003. There is no action requested other than to discuss the information being provided in the attached report that shows the current deferred amount. DISCUSSION Staff has prepared a report that is attached that identifies the status of improvements made to City parks, It addresses the status of improvements made or not made to a park only if the park has had a master plan approved. The report shows, by park, what improvements have been made and the cost of the improvements. The report also shows, by park, what improvements have been deferred and the amount of the costs to construct these deferred improvements. If a park does not yet have a master plan approved, then a schedule of when a master plan is to be created and approved has been shown on the report. Once a master plan has been created and approved for the remaining parks then those known improvements and their estimated costs will be included in an updated report as well. BUDGET IMPACT You can see in the attached report that the City has more than $11.4 million in deferred improvements based on existing approved park master plans. However a large portion of this total ($10.55 million) is associated with improvements identified in five parks: Evergreen Knoll Park, Middle Creek Park, Mystic Meadows (adult softball complex), Fairhill Development (youth athletic complex) and North Creek Park. Respectfully Submitted, .2 /(" ..., l,'a <. . .00d7f /~'.z.4:f ~ e<-..J Randy Distad, Parks and Recreation Director o - - ~G)C) U G) .= "C is...= ~ ~ E E U ! ;: en LIJ - ! o G) I: ~ en_ - :J ;.0 E"C G)S >~ 2 0. ~~ - U ~ I- co 0.. ~ .c tn ~ - co - tn tn - CJ CI) "-.. ~ 0.. - c CI) E ~ o l- e. E "C C co c co ii: I- CI) - tn co :!!: ~ I- co 0.. "C en G) - en I: III G),Q E"C ~S o G) a is.. .5 ~ U .lIl:: ~ III 0. G) I: .c: III -is.. .= ~ G) "C- G) en > III o E ~ 0. 0. III .lIl:: ~ III 0.1: "C~ G) 0. > ~ o G) aU; o.lll III E I: o en - I: G) 0 E 0 G) q > 0 o C\I a~ .5 '0 a> 1:'0 ::l ctl e~ ~'O SQ16~ 0._ ~ :255- o E 5,0. 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Q) Q) l:l Q) ... ... ro- O> c 'ffi ... o <0 00_ 00 00 (I) .5:2 l:l .0 ~ Cc .0 u ro .0 .- :Q '0.. _ =- ~ o -=roQ)oo ...-gE.::.u= >'::l':>'u~ 10 0 Q).!!! ro_ N o,~ Qi-e >.Q)>::l .!!!~oo 0.. u I"- o o N <0 o o N 00 Q) >- ~ ..... :: Q) .> - 00 Q) ~ N ...... - N - "'lit~ - - ~ r-.... ~ C") ~ .... .... ..J ~ e I- I.l) en ......~ N ...... ('I) - ~ ..J <C l- e I- o o I.l)~ - ('I) ~ ..J <C l- e I- Io?~ City of Farmington 325 Oak Street Farmington, Minnesota 651.463.7111 . Fax 651.463.2591 www.ci.farmington.mn.us TO: Mayor and Councilmembers FROM: Peter J. Herlofsky, J r;),. City Administrator ~ SUBJECT: 2008 Bonestroo Contract DATE: November 19,2007 INTRODUCTION / DISCUSSION Attached is the proposed Bonestroo contract for 2008 showing the revisions. Please note section 3.4 for the change in retainer. Currently the retainer is $9,382, ACTION REQUESTED Approve the Bonestroo contract for 2008. Respectfully submitted, Peter J. Herlofsky, Jr. City Administrator PROFESSIONAL SERVICES AGREEMENT Between THE CITY OF FARMINGTON And BONESTROO.lt-j~. umumm ------11' Deleb!d: ROSENE, ANDERLlK & J m_ , ASSOCIATES, This is an Agreement, effective on ia~uClrL1 _~?()0I3'_~~~~~IlJ!'!~fi!Y_~LFClrrn!Il_9~~_nj"c;ity':2'uall.du---/{ Deleb!d:~, 2005 Bonestroo, J_o~,_,_ ~}~~lO!!~_!!9J~ _<::9.~~r~J!9-'1 ("~nglo~eO! _forprof~_!!~j9_0~t ~l1gin~~_rj!!R selY.i~_!Lal) INE1!t ~~_ f9r_< _ - - - - - Deleb!d: Rosene, Anderlik & professional services in the planning, design and construction of public works and special projects, - Associates, Deleb!d: , SECTION 1. ENGINEER'S SERVICES 1.1. General The City intends to retain the Engineer to provide services to the City as specified in this section, The City reserves the right to retain others to perform engineering services for the City, 1,2. Basic Services for Construction Proiects For construction projects, the Engineer will provide the "Basic Services" described in Appendix A. Each engagement of the Engineer by the City or each construction project shall be referred to as a "Project." Basic Services for construction projects consists of two phases: 1) Design Engineering Phase a, Feasibility Study I Report b, Final Design 2) Construction Engineering Phase 1,3. Suoolemental Services 1,3.1. For construction projects, Engineer will provide "Pre-authorized Supplemental Services" identified in Appendix B, Section 1, 1,3,2, If authorized in writing by the City, the Engineer will furnish "Other Potential Supplemental Services" that are identified in Appendix B, Section 2. 1,3,3, If authorized by the City for private development projects, the Engineer will furnish the Supplemental Services identified in Appendix B, Section 3, 1.4. Other Investiaations. Studies and Reoorts The City may direct the Engineer to provide services not related to a construction project ("Special Studies"). Examples of Special Studies indude: traffic studies; transportation studies; feasibility investigations, studies and reports; sanitary sewer, water, and stormwater system master plans; environmental assessments, worksheets or impact statements; and rate studies, For Special Studies, the Engineer will provide the City with a written scope of services and an estimate of the costs, and will not begin work until authorized by the City, 1,5 In-house Enaineerina Personnel, Deleb!d: C:IDocuments and ,: SettingsUmmILocal : SettingslTemporary Intemet FileslOLKB5\Farmington A1 243 rev 12-22.04 LMM DOL rev 11.08.07 Immrev clean.doc :' ,Deleb!d: F:IWorklBonestroo\contract ,: :' IFarmington A 1 243 rev 12.22.04 ::' Imm rev 110607.doc :,' { ///' Deleb!d: . u?/ The Engineer shall provide the City with in-house engineering personnel as outlined in Appendix E, "Special Service Provisions", as may be modified in writing by the parties from time.to-time. F:IFarminqton A1 243 rev 12-22-04 LMM DOL rev 11--08.07 Immrev clean compare.doc. SECTION 2, THE CITY'S RESPONSIBILITIES The City is responsible for al! matters described in Appendix C. SECTION 3, COMPENSATION 3,1, Payment for Basic Services 3,1,1, For Design Engineering Basic Services, the City will pay the Engineer as set forth in Appendix D. 3,1,2, For Construction Engineering Basic Services, the City will pay the Engineer on an hourly basis according to the rates in Appendix F. 3,2. Payment for SUDDlemental Services 3,2,1, For the preparation of reproducible "Record Plans," the City will pay the Engineer % percent of the Construction Cost of the Project when such Cost is greater than $100,000, For the preparation of reproducible Record Plans when the Construction Cost of the Project is less than $100,000, the City will pay the Engineer on an hourly basis according to the rates in Appendix F. 3,2,2, For all other Supplemental Services described in Appendix B, Sections 1 and 2, and for other services not provided for in this Agreement, the City will pay the Engineer on an hourly basis according to the rates in Appendix F, 3,2.3, For Supplemental Services for private development projects, the City will pay the Engineer on an hourly basis according to the rates in Appendix G, 3,3. Payment for SDecial Studies The City will pay the Engineer for these services as agreed upon by the parties, either on a lump sum basis or on an hourly basis according to the rates in Appendix F, 3,4, Payment for In-house Personnel 3.5 The Engineer agrees to provide General Engineering to the City with .one person. a Civil........ Enaineer, for a monthly f~!~J~~!.~L~.500. I~~.rE?~lQ~~,""'_i!U?~U~y.i~~E?~.?I)~,r~y.i~E?(L9.Q,?..,Y~~!!L..,.,. basis as agreed upon by the City and the Engineer, .The,Civil Enaineer willprovide.an averaae of '..... .10 hours per week of ~~Il.~r?.U~~gj~~~~i.Q9..e!J~~,citv. The space and'rrlate'r'ials'for this pOsition'~'\-." ' will be t?r().'{l~~~.~YJh~.fj!Y"lhe Civil Enaineer .r:n?"y.?I~(),p.~!!9.~r:nJ>.~()j~,qL'.'V.<?!!<.,l,l~~~U)~r?,gr?.Ph~.~,:, \, " 1,1, - 1.4 pursuant to compensation under paragraphs 3,1 - 3,3, '1,\\ \, Payment for Reimbursable ExDenses \:'::,:;\,::::,' In addition to engineering fees, the City will pay the Engineer for Reimbursable Expenses on the " basis of the Engineer's cost plus 5%, Although not a complete list, examples of Reimbursable \,"" \. Expenses include: the costs of plotting drawings and the reproduction of drawings and , specifications; project-specific printing, duplicating, tabs and indexes; testing; mileage; travel and per diem expenses of the Engineer for out-of-town trips required for a Project; long distance ' telephone calls and faxes as required to expedite the work; the costs for cellular phone calls/service for Engineer's field personnel on a Project; project photographs taken before and during construction; construction stakes; postage and delivery charges; any new taxes, fees or costs imposed on the Engineer's services (such as sales taxes) after the date of this Agreement; and out-of-pocket expenses incurred directly for a Project. Deleted: two full.time personnel Deleted: not.to-exceed Deleted: 8,900. Deleted: DPW/CE position (as defined in Exhibit E) Deleted: approximately 75% Deleted: the Deleted: and 75% of Deleted: retainer Deleted: allocated to the DPW/CE. A civil engineer will provide approximately 25% of the General Engineering and 25% of the retainer will be allocated to the civil engineer. The space and materials for these '; positions are Deleted: These two individuals Deleted: F:\Fannington A1 243 rev 12-22-04.doc . 2 't.. _ ~ _ _ _ _ _ _ _ _ _ __ _ _ __ _ ___ _ ___ ___ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _. _ _. _ - - - - - - -- - - -- - - - - - - - - - --- - - - - - - .-- -- - -- -- - --- -- - - - - - -- - - - - -- - - - - - -- ~- - - - - -- - --- - - -- - -,' 3,6, Proaress Pavments The City will make progress payments to the Engineer in proportion to services performed, as reasonably estimated by the Engineer, The Engineer will invoice the City monthly during the progress of the work, The City shall pay each properly documented invoice of the Engineer within 30 days after the City's receipt of such invoice, The City may not reserve as retainage any portion of a payment due under this Agreement. 3,7, Obiections to Invoices/No Deductions It is important for the Engineer to be promptly informed of problems, If the City objects to any portion of an invoice, the City shall notify the Engineer in writing within twenty days of the invoice's receipt. The City agrees to pay any undisputed portions of an invoice, No deductions shall be made from the Engineer's compensation on account of penalty, liquidated damages, or other sums withheld from payment to contractors, except as may be determined by mediation, arbitration, litigation or other dispute resolution mechanism to which the Engineer is a party, 3.8, Susoension of Work If the City fails to make payments when due or otherwise breaches this Agreement, the Engineer may suspend work after providing five days notice to the City, The Engineer will not be liable for any costs or damages resulting from such a suspension of work, 3,9. Interest/Collection Costs The City agrees to pay the Engineer 1 % per month interest on all invoices of the Engineer, with interest beginning to accrue 30 days after the date of the invoice, If the Minnesota Prompt Payment Act (Minn. Stat. ~471.425) requires a higher rate of interest, that rate shall apply. If the City fails to pay Engineer all amounts owing pursuant to the terms of this Agreement, the City agrees to pay all costs of collection, including reasonable attorney's fees, in addition to all other amounts due under this Agreement. SECTION 4. GENERAL CONSIDERATIONS 4.1, Standard of Care The Engineer shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by a members of the profession under like circumstances, Nothing in this Agreement, or otherwise prepared as a result of the Project, shall modify the foregoing standard of care, The Engineer shall not be required to sign any documents that would result in it having to certify, guarantee or warrant the existence of conditions whose existence the Engineer cannot ascertain. 4,2, Delavs Both the Engineer and the City will put forth reasonable efforts to complete their respective duties in a timely manner, Because the Engineer's performance must be governed by sound professional practices, the Engineer is not responsible for delays occasioned by factors beyond its control or that could not reasonably have been foreseen at the time of preparation of this Agreement. 4,3, Ooinions of Costs and Schedules Since the Engineer has no control over the cost of labor and material or over competitive bidding and market conditions, the Engineer's Opinion of Probable Construction Cost and of Project - schedules can only be made on the basis of experience or qualifications as a professional engineer, The Engineer does not guarantee that proposals, bids, actual Project costs or construction schedules will not vary from Engineer's opinions or estimates, If the City desires I ~ 0 0 0" 0 _a 0.. _ __uu 0 ___ _ 0 __ _ u.. 0" ...u.uoun'" .auuu oun.auu 0 uu hh_UO OU 0 UU uun___ u onU un____o u__ Deleted: F:\Fannington A1 243 rev 12-22-Q4.doc.2 4,4,1, The Engineer agrees to maintain a professional liability insurance policy for negligent acts, errors or omissions in an amount of at least $d.Q9_Q!9_Q(Lp.Elr_~Ic:lilll_,!ng_i~A!9_Q!9Q9._?Tl~I,I'!L__-----{ Deleted: 3 aggregate, on a claims-made basis, as long as such insurance is reasonably available under standard policies at rates comparable to those currently in effect. The Engineer will not cancel the insurance until thirty days after providing the City written notice, 4,4,2. The Engineer shall maintain: greater assurance as to the anticipated Construction Cost of the Project, the City shall employ, or instruct the Engineer to provide as a Supplemental Service, an independent cost estimator, 4.4, Insurance 1) Statutory workers compensation and employers'liability insurance coverage, 2) Comprehensive general liability and automobile liability insurance coverage in the sum of not less than $1,000,000 each, 4,4,3, The City shall require Contractor to purchase and maintain general liability and other insurance as specified in the contract documents and to cause the Engineer and its consultants to be listed as additional insureds with respect to such liability and other insurance purchased and maintained by Contractor for the Project. 4,5, Use of Instruments of Service Documents (including Digital Data) prepared by the Engineer, such as drawings, specifications and reports ("Engineering Documents") are instruments of the Engineer's professional services, and not products, The Engineering Documents are prepared for a specific Project, and may not be used by the City for other Projects, For health and safety reasons, the City agrees it will not use the Engineering Documents (except for computer hydraulic or hydrologic modeling data) for other purposes or provide them to other persons, If the City violates this provision, it waives any resulting claims against the Engineer, and agrees to defend and indemnify the Engineer from any resulting claim or liability (including reasonable attomeys' fees), 4,6, Diaital Data 4.6,1, If included in Basic or Supplemental Services and as a convenience to the City, the Engineer will furnish the City with electronic data versions of certain drawings or other written documents ("Digital Data") provided in hard copy form, In the event of any conflict between a hard copy document and the Digital Data, the hard copy document governs. The Digital Data shall be prepared in the current software in use by the Engineer and is not warranted to be compatible with other systems or software, 4,6,2, Any Digital Data submitted by the Engineer to the City is submitted for an acceptance period of 60 days ("Acceptance Period"), Any defects that the City discovers during this period and reports to the Engineer will be corrected by the Engineer at no extra charge, For correction of defects reported to the Engineer after the Acceptance Period, the City shall compensate Engineer on an hourly basis at Engineer's normal billing rates, The City understands that the Digital Data is perishable and the City is responsible for maintaining it. 4,7, Termination. SusDension or Abandonment 4,7,1, The City or the Engineer may terminate or suspend this Agreement for substantial non- performance by the other party, including without limitation the failure to make payments in accordance with this Agreement. The party terminating or suspending this Agreement shall give seven days written notice to the other party, 4.7.2, If the Project or the Engineer's services are suspended for more than 90 days, the Engineer may terminate this Agreement upon seven days written notice to the City, The Engineer shall "- - ~ - - ~ -- ~ - - - - - - - -- - - - -- -. - -. - - - - - --- - - ---- -- - - - - - - - - - - - - - - ---- -- -- - -- - --- --- - - - - ---- - - - -- - -- - - - -- - - ---- --- - -- -- - - - - - - - _.- - - - -- - -- ----- _.: Deleted: F:\Farmington A1 243 rev 12.22-{)4.doc . 2 have no liability on account of a suspension by the City, If a Project is reinstated, an equitable adjustment to the Engineer's compensation may be necessary, 4,7,3, In the event of termination or suspension permitted by this Agreement or abandonment of the Project by the City, the City shall compensate the Engineer for services performed prior to termination, suspension or abandonment and for services directly attributable to the termination, suspension or abandonment itself, together with Reimbursable Expenses, If the City properly terminates Engineer for cause, the City may withhold from Engineer's compensation those damages directly attributable to the cause of the termination, 4.8. DisDute Resolution 4.8.1. In an effort to resolve any conflicts that arise out of the services under this Agreement, all disputes between the City and the Engineer arising out of or relating to this Agreement shall be submitted to nonbinding mediation prior to commencing arbitration or litigation, The Mediator's fee shall be shared equally and mediation shall proceed only at a place where arbitration or litigation is proper, Mediation shall not be a condition precedent to arbitration or litigation if a party refuses to make reasonable arrangements for a mediation within 20 days of demand by the other party, If a dispute relates to or is the subject of a lien arising out of the Engineer's services, the Engineer may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or arbitration, 4,8,2. Unless the City and the Engineer mutually agree otherwise, all claims, disputes, and other matters in question arising out of or relating to this Agreement which are not resolved by mediation and where the amount in controversy is less than $1,000,000, shall be decided by binding arbitration in accordance with the then-most current Construction Industry Rules of the American Arbitration Association, The arbitrators will not have jurisdiction, power or authority to consider any claim or dispute: (a) where the amount in controversy is more than $1,000,000 (exclusive of interest and costs); (b) when the demand for arbitration is made after the date when a court action would be barred by any applicable statute or period of repose or limitations; or (c) when the claim or dispute is a claim for contribution or indemnity arising out of a claim by a third party who does not consent to joinder in arbitration, 4,8,3, In the event of litigation or arbitration arising from or related to the services provided under this Agreement, the prevailing party is entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorney's fees and other related expenses, 4.8.4, If the Engineer or the City intends to assert a claim against the other as a result of a dispute with a third party, the claiming party shall notify the other party as soon as possible, and in any event prior to resolving the dispute with the third party, 4,8,5, So that any claims of the City may be intelligently addressed by the Engineer, the City agrees to make no claim for professional negligence against the Engineer unless the City has first provided the Engineer a written certification signed by an independent design professional licensed in Minnesota and currently practicing in the same discipline, The certification shall specify every act or omission of the Engineer that is a violation of the applicable standard of care and the basis for the certifier's opinion(s), This certificate shall be provided no fewer than 30 days prior to instituting arbitration or suit. 4,8,&, Causes of action between the Engineer and the City relating to acts or failures to act shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than the date of substantial completion of a Project, 4,9. Hazardous Substances The Engineer's scope of services does not include any services related to hazardous or toxic materials, including asbestos and PCBs, If it becomes known that such materials may be present at or near a Project that may affect the Engineer's services, the Engineer may suspend I ~_______a_ ___u______u_________u___u_u_u_u__auuuuuuu_uu_u___ Deleted: F:\Farmington A1 243 rev 12.22-04.doc . 2 performance of its services, without liability, and will assist the City to retain appropriate consultants to adequately identify and abate such materials so that Engineer's services may resume, Nothing in this Agreement shaH be construed to require the Engineer to: (a) assume the status of a generator, storer, transporter, treater, or disposal facility as those terms appear within the Resource Conservation and Recovery Act, 42 USC 6901 et seq, as amended, or within any state statute governing the generation, treatment, storage and disposal of waste; or (b) arrange for the transportation, treatment, or disposal of hazardous substances, as described in the Comprehensive Environmental Response, Compensation and Liability Act, 42 USC 9601, et, seq, as amended. The City agrees to defend, indemnify and hold harmless the Engineer, its employees, subcontractors and agents from all claims, losses, damages liability and costs, including attorneys' fees, relating to or arising out of hazardous or toxic materials at or near a Project. 4,10, Governina Law This Agreement shall be governed by the laws of the State of Minnesota and any dispute or dispute resolution process shall be venued in Dakota County, Minnesota, 4,11, Intearation This is an integrated Agreement and it supersedes all prior negotiations or agreements between the parties, It shall be modified only by a written document signed by the party sought to be bound, The provisions of this Agreement are severable, and if any provision is found to be unenforceable, the remaining provisions continue to be valid, and the unenforceable provision shall be reformed with a valid provision that comes as near as possible to expressing the intention of the unenforceable provision, 4.12. Assianment and Waiver Except for the Engineer's use of necessary consultants, the Engineer and the City shall not assign or delegate their respective Obligations under this Agreement without the written consent of the other party, which consent shall not be unreasonably withheld, The waiver of any term or condition or breach thereof by either party shall not constitute a waiver of any other term or condition or breach thereof. 4.13 Enaineer's Services In performing professional engineering and related services, the Engineer is not engaged in rendering legal, insurance, or accounting services or advice, The City agrees that documents prepared by the Engineer, including reports, bidding materials, and form contracts will be reviewed by the appropriate representative of the City, such as the City's attorney, insurance counselor or other consultants, to the extent that the City deems necessary to protect its interests, 4,14 Government Aaencies The Engineer shall not be liable for damages resulting from the actions or inactions of government agencies, including without limitation permit processing, environmental impact reports, dedications, zoning matters, annexations or consolidations, use or conditional use permits, and building permits, 4,15. Monitorina Work If required by the scope of services, the Engineer will make visits to the Project site at intervals appropriate to the various stages of construction as the Engineer deems necessary in order to observe the progress and quality of construction, The Engineer will not be required to make exhaustive or continuous inspections on the Project site, Based on such visits, the Engineer will determine in general if the construction work is proceeding in accordance with the contract requirements, keep the City informed of the progress of the construction work, and will endeavor '!. A A ~ A __ _ _ _ _ _ _ __ _ _ _ _ _ A _ _ _ _ ~ _ _ A _ _ _ _ __. _ _ ~ _ ~ _ _ _ _ __ - -- -- - ---- - -- - - - -- - --- - -. - - - -- - - -- - - - - - --- - -- - - - - - - - - -- ---- -- -- ~ -~~- - ----- - - - -- - -- -. --- -_/ Deleted: F:\Farmington A1 243 rev 12.22-04.doc . 2 to guard the City against defective work, The Engineer will not supervise, direct, oontrol, or have authority over or be responsible for the Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of the Contractor to oomply with laws and regulations applicable to the work. 4,16, Americans with Disabilities Act The Engineer shall use reasonable professional effort and judgment in interpreting and advising the City as to the necessary requirements for the Project to oomply with the Americans with Disabilities Act (ADA), The Engineer shall rely on the local building department for interpretations of the ADA at the time the service is rendered, The Engineer does not warrant or guarantee that the Project will fully.oomply with interpretations of ADA requirements by regulatory or judicial bodies, SECTION 5. LIABILITY Having oonsidered the potential liabilities that exist during the performance of the Engineer's services, the benefits of a Project, the Engineer's fee for its services, and the promises oontained in this Agreement, the City and the Engineer agree that risks should be allocated in accordance with this section, to the fullest extent permitted by law, 5,1, Indemnification The Engineer and the City each agree to defend and indemnify each other from liability for claims, losses, damages or expenses (including reasonable attorney's fees) to the extent they are caused by their negligent acts, errors or omissions relating to this Agreement. In the event the claims, losses, damages or expenses are caused by the joint or ooncurrent negligence of the Engineer and the City, they shall be borne by each party in proportion to its own negligence, 5,2. Deleted. .__u___{ Fonnatted: Indent: Hanging: 0.5" 5,3, Conseauential Damaaes Neither the City nor the Engineer shall be liable to the other for any oonsequential damages incurred due to the fault of the other or their agents, Consequential damages include, but are not limited to, loss of use and loss of profit. 5,4 Desion without Construction-Dhase Services If the Engineer's Basic Services under this Agreement do not include Project observation, or review of the Contractor's performance, or any other construction phase services, and that such services will be provided by the City, then the City assumes all responsibility for interpretation of the plans and specifications and for oonstruction observation or review and waives any claims against the Engineer that may be in any way oonnected thereto, ***************************************** Deleted: F:\Farmington A1 243 rev 12-22~.doc 2 I 'L_ _ _____ _ _________ ____ __ ______ ___ u ___ _ __ ___ _____________u__ _____________ - ___ u _ __ __ ______ ___u -- --- IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written, ENGINEER: BONESTROO, J~<:~ __ _ ______ ___ CITY: CITY OF FARMINGTON ------------------------------------------- Deleted: ROSENE, ANDERLlK & 1 ASSOCIATES, -.J By j3y __------{ Deleted: 11 Jerry A. Bourdon,,CEO __mumn _ n_mm_mu_uu~exa_n_S_o!:!l?!J~l?!.9LI\t1?.Y9.~mm__ __m__m________{ Deleted: President Date Date And By Peter J. Herlofskv Jr._A~t~lrlj~Jr?t()r_mm___------{ Deleted: . David Urbia Date Deleted: F:\Farmington A1 243 rev 12-22-04.doc 2 'I. _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ _ _ _ _ _ _ _ _ __. ~ - - - - - - - -- - - - - - - - - - - - - ~ - - - - - - - - - - - - - - -- - - --- - -- - - --- --- - -- - ~ ~ -- ~ - - - - - - -- - - - -- --- - - -- --- - - - - - - -- - - - ----' Appendix A Basic Services for Construction Projects The Engineer's Basic Services for construction projects consist of the Design Engineering Phase and the Construction Engineering Phase, which are described below. Design Engineering Phase 1, Feasibilitv StudY / ReDort Upon receipt of the City's authorization to proceed with the Feasibility Study/Report, the Engineer will: 1,1. After consulting with the City, prepare an engineering feasibility report on the Project. The report will indicate the scope of the Project and include the following elements: 1) Summary of preliminary design alternatives and recommendations; 2) Engineer's Preliminary Opinion of Probable Construction Cost; 3) Administrative, legal and engineering cost estimates based on a percentage of the construction cost; 4) List of permits required from other governmental and administrative bodies; 5) Project sketches indicating the general nature of the proposed Project improvements; 6) Proposed funding sources, 1,2, Outline the anticipated permanent and temporary easements and rights-of-way needed for the construction of the Project, 1,3, Submit a copy(s) of the Feasibility Report to the City one week before review by the City Council. 1,4, Using maps and diagrams which depict the nature and location of the Project, present the data contained in the Report to the City Council at a City Council meeting and a public hearing. 2. Final Desian Upon receipt of City authorization to proceed with the Final Design, the Engineer will: 2.1, Design and prepare detailed plans and specifications for the Project. During the design and preparation of the plans and specifications, the Engineer will periodically consult with the City's appointed representative to obtain the City's comments. Upon completion, the Engineer will submit a set of the plans and specifications for review by the City, one week prior to their review and approval by the City Council at a public meeting, 2.2, Prepare the Contract Documents for review by the City and its attorneys, which include: 1 ) Construction agreement forms 2) Payment and performance bond forms 3) General conditions 4) Special provisions 5) Specifications 6) Detailed plans 7) Proposal forms The Engineer will furnish Contract Document sets in sufficient quantity to satisfy the number of anticipated bidders, Deleted: C:IDocuments and Setlings~mm\Local SetlingslTemporary Internet FileslOLKB51Farmington A1 243 rev 12.22-04 LMM DOL rev 11-06-07 Immrev clean.doc 2.3, Advise the City as to necessary services in addition to those furnished by the Engineer, such as land and easement surveys, soil borings, testing services and other information needed for a Project, If authorized by the City, the Engineer will assist the City to procure these services, The ! ,Deleted: F:IWorklBonestroolcontract " :' IFarmington A1 243 rev 12.22-04 i./ Imm rev 110607 .doc " { /,./,/ Deleted: . A- A.1 i/ F:IFarminqton A1 243 rev 12-22-04 LMM DOL rev 11-08-07 Immrev clean comoare.do<1, providers of these services will contract directly with the City and issue invoices directly to the City. 2.4. Prepare a statement of the Engineer's Opinion of Probable Construction Cost for the Project, based upon designs established to this point. 2.5. Upon receipt of City Council authorization to proceed, the Engineer will assist the City in obtaining and analyzing construction bids for the Project. Based on the bids, the Engineer will prepare a recommendation for award. Construction Phase Upon receipt of City authorization to proceed with the Construction Phase of the Project, the Engineer will: 1.1. Organize, attend and assist the City at the pre-construction conference with the successful bidder, and any other parties, bodies, or agencies who have an interest in the Project. 1.2. Provide construction survey staking. 1.3. Visit the Project site at appropriate intervals during construction to become generally familiar with the progress and quality of the contractor's work and to determine if the work is proceeding in general accordance with the Contract Documents. The City has not retained the Engineer to make detailed inspections or to provide exhaustive or continuous project review and observation services. Further, the Engineer does not supervise or have control over the Contractor's work, the means or methods of construction, or safety precautions in connection with the work. As a result, the Engineer does not guarantee the performance of a contractor, and has no responsibility for the acts or omissions of any contractor, subcontractor, supplier or any other entity furnishing materials or performing any work on a project. (More extensive site representation may be agreed to as a Supplemental Service, as described in Appendix B.) 1.4. Review of shop drawings, samples and other submittals. Engineer shall review shop drawings, samples and other submissions of the Contractor solely for their general compatibility with the Engineer's design intent and conformance with information given in the Contract Documents. The Engineer shall not be responsible for any aspects of a shop drawing submission relating to the duties of the Contractor (such as the means, methods, techniques, sequences and operations of construction, safety precautions and programs incidental thereto) all of which are the Contractor's responsibility, and not the responsibility of the Engineer. 1.5. Review the Contractor's request for progress payments, advise the City in writing as to the Engineer's opinion of the extent of the work completed in accordance with the terms of the Construction Contract, and issue for processing by the City all requests for payment. 1.6. Make recommendations to the City as to all claims relating to the execution and progress of the construction work. 1.7. Issue such additional instructions to the Contractor as may be necessary to interpret the drawings and specifications or the illustrated changes required in the Contractor's work. 1.8. After consulting with the City, prepare Change Orders for work not covered by the Contract or for substantial over-run of estimated "contract quantities" as defined in the Project's Contract Documents, for the City's approval and execution. Change Orders shall be processed as soon as practical after the City provides written approval to the Engineer. The City understands that Change Orders may be required during a Project for many reasons, including because of incompleteness, errors, or ambiguities in the Construction Documents. The Engineer shall not be liable for any type or quantity of Change Orders that are within professional standards. In no event shall the Engineer be responsible for paying the cost of a Change Order or other change to I F:IFarminqton A1 243 rev 12-22-04 LMM DOL rev 11-08-071mmrev clean compare.doG,_ m_ ___ Deleted: C:\Documents and ! Settings\lmm\Local " SettingslTemporary Internet ! FileslOLKB51Famnington A1 243 rev ! 12-22-04 LMM DOL rev 11-08-07 ! Immrev clean.doc ! ,Deleted: F:\Work\Bonestroo\contract ! :' \Famnington A 1 243 rev 12-22-04 ,':' Imm rev 110607.doc ,',' { ,',' . Deleted: . A - " . A -?_i/ the extent that it would have been otherwise necessary to a Project or otherwise adds value or betterment to a Project. 1.9. Conduct construction progress reviews with the Contractor and the City related to the Contractor's date of completion. 1.10. Coordinate periodic field tests during the course of construction. 1.11. Conduct an inspection to determine if the work is substantially complete. On the basis of its on- site observations, the Engineer shall prepare a "punch list" for the Contractor, listing work left to be completed by the Contractor. 1.12. Conduct, in the presence of the City's Representative, a final inspection of the Project as constructed to determine whether it: 1) Generally conforms with the Engineer's design concept of the Project as contained in the Contract Documents, and 2) Appears to be constructed in accordance with the Contract Documents. The Engineer shall certify a recommendation for acceptance of the work to the City and then shall forward to the City a written approval of the Contractor's Request for Final Payment which shall be signed by the Contractor. 1.13. Arrange for the City to receive detailed instructions regarding the operation and maintenance of any equipment, machinery or apparatus installed as part of the Project. Such instructions shall be supplied by the Contractor and manufacturers' representatives. 1.14. Collection of field-measured quantities required to produce "Record Plans." The Engineer's review of the Contractor's work (including reviewing the Contractor's shop drawings and samples, work product and requests for payments) do not increase the responsibility or duties of the Engineer beyond those explicitly described elsewhere in this Agreement. By making these review efforts, the Engineer does not guarantee the performance of the Contractor or assume responsibility for any acts or omissions of the Contractor, including any failure of the Contractor to properly perform its work or comply with its obligations, and the City's sole remedy for the Contractor's acts or omissions is from the Contractor and not the Engineer. I F:\Famninqton A1 243 rev 12-22-04 LMM DOL rev 11-08-071mmrev clean compare.doG<__ _ _ Deleted: C:\Documents and ! Settlngs\lmm\Local " Settings\Temporary Internet ! Files\OLKB5\Famnington A1 243 reV " 12-22-04 LMM DOL rev 11-08-07 ! Immrev clean.doc , ,Deleted: F:\Work\Bonestroo\contract : " \Fannington A1 243 rev 12-22-04 :,:' Imm rev 110607.doc ,',' { !:' .. Deleted: . A - A 3:// __ - __.1/ Appendix B Supplemental Services 1. Pre-Authorized Supplemental Services Engineer shall perform or furnish, without requesting or receiving specific advance authorization from City, the Additional Services of the types listed below. 1.1. Preliminary surveying. 1.2. Assist the City in preparing applications necessary for approvals, permits and licenses from other entities, such as the Minnesota Department of Transportation, Minnesota Department of Health, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, U.S. Army Corps of Engineers, watershed districts, railroads, and private utilities, and making any unanticipated changes resulting therefrom. 1.3. Making revisions in drawings, specifications or other documents when such revisions are: 1.3.1. Requested by the City and are inconsistent with approvals or instructions previously given by the City; 1.3.2. Required by the enactment or revisions of codes, laws or regulations subsequent to the preparation of such documents; 1.3.3. Due to changes required as a result of the City's failure to render decisions in a timely manner; or 1.3.4. Due to any other causes beyond the Engineer's control. 1.4. Providing consultation regarding the replacement of all such parts of the Project as may be damaged by fire or other cause during construction and assisting the City in arranging for continuation of the work should the Contractor default for any reason. 1.5. Providing services made necessary by the default of a Contractor, by major defects or deficiencies in the work of a Contractor, or by failure of performance of either the City or a Contractor under the Contract for construction. 1.6. Construction dispute resolution assistance. 1.7. Providing services in connection with warranty work to be done by the Contractor. 1.8. Prepare and furnish the City a set of reproducible "Record Plans" of the construction Project showing those changes the Engineer considers significant which were made during the construction process, based on marked-up prints, drawings, and other data furnished by the Contractor, upon which the Engineer may rely in preparing the Record Plans. 2. Other Potential Supplemental Services If authorized by the City, the Engineer will provide the following services: 2.1. Pre-project concept development. This work indudes assisting the City with defining the scope of a Project. Transportation engineering and planning services, including: Transportation analysis which encompasses and benefits an area greater than that of the Project. Traffic signing and pavement marking design. Traffic analysis, signal justification reports, and development of signal timing associated with preparing traffic signal plans and specifications. Traffic analysis required for roadway and intersection geometric design. Project development reports (project path and design study) required for Mn-DOT-funded projects. Attendance at neighborhood meetings. Assistance with assessments. Attendance at and assistance with assessment hearings. Assistance with easements. Operator training. Preparation of detailed operation and maintenance manuals. User rate studies. 2.2. 2.2.1. 2.2.2. 2.2.3. 2.2.4. 2.2.5. 2.3. 2.4. 2.5. 2.6. 2.7. 2.8. 2.9. Deleted: C:IDocuments and ! Settings\lmm\Local " Settlngs\Temporary Internet ! FileslOLKB5\Famnington A1 243 rev ! 12-22-04 LMM DOL rev 11-08-07 ! Immrev clean.doc ,I ,Deleted: F:IWork\Bonestroo\contract : :' IFamnington A1 243 rev 12-22-04 !:, Imm reV 110607.doc ,',' { /,/,/ Deleted: . B - B 1 :,'.. _ __u- uj;/ F:IFarminqton A1 243 rev 12-22-04 LMM DOL rev 11-08-07 Immrev clean compare.doG, 2.10. Pilot testing. 2.11. Preparation of applications for funding assistance. 2.12. Hydraulic and hydrologic studies, such as: 2.12.1. Hydraulic analysis benefiting an area greater than that of the Project. 2.12.2. Stormwater, surface water and groundwater quality analyses. 2.13. Attendance at more than one public hearing per Project. 2.14. Assisting the City or its representative in connection with mediation, arbitration, litigation or other proceedings involving the Project, including preparing to testify and testifying as an expert witness. 2.15. Providing one or more full-time Resident Project Representatives (and assistant[s]) in order to provide the City with continuous representation at the Project site during the Construction Phase, but only if requested by the City or recommended by the Engineer and authorized by the City. 2.16. Providing any other service not otherwise included in Basic Services or not customarily furnished in accordance with generally accepted engineering practice. 2.17. Assisting the City to acquire land, easements, and rights-of-way for the Project and provide for land surveys and the preparation of legal descriptions and exhibits, certificates or plats (whether performed by the DPW/CE (as defined in Appendix E) or other employees of the Engineer). 3. Private Development Review and Inspection Time spent reviewing development plans, review and project meetings with developers, coordinating and meeting with agencies for private development, construction inspection of grading and infrastructure installation and any other tasks requested in relation to private development, the City shall pay the Engineer on an hourly basis in accordance with Appendix G, Billing Rate Schedule. I F:\Farminqton A1 243 rev 12-22-04 LMM DOL rev 11-08-07 Immrev clean compare.doc" Deleted: C:\Documents and ,: settings\lmm\Local " settings\Temporary Internet ,: Files\OLKB5\Famnington A1 243 reV " 12-22-04 LMM DOL rev 11-08-07 i Immrev clean.doc ! ,Deleted: F:\Work\Bonestroo\contract : :' \Famnington A1 243 reV 12-22-04 !:, Imm rev 110607 .doc :,. { i,.<.... Deleted: . B - mB_-?j/ Appendix C The City's Responsibilities The City shall: 1) Provide full information as to its requirements for a Project. The City will adequately define the scope of a Project. Assistance by the Engineer during the scoping phase will be compensated as a Supplemental Service. 2) Furnish to the Engineer, prior to any performance by the Engineer under this Agreement, a copy of any planning, design and construction standards which the City shall require the Engineer to follow in preparation of Contract Documents for a Project. 3) Place at Engineer's disposal all available written data pertinent to the Project, including existing reports, plats, surveys, contour mapping, utility mapping, record plans, wetlands, land-use, and zoning maps, borings and other data affecting the design and/or construction of a Project. 4) Acquire all land, easements, and rights-of-way for the Project and provide for land surveys and the preparation of legal descriptions and exhibits, certificates or plats, unless otherwise requested by the City as a Supplemental Service. 5) Provide access to the Project site and make all provisions for the Engineer to enter upon public and private lands as required by the Engineer to perform its services. 6) Examine all studies, reports, sketches, Opinions of Probable Construction Costs, specifications, drawings, proposals and other documents presented by the Engineer and promptly render the City's decisions pertaining to each of such documents. 7) Provide legal review of the Contract Documents and provide any required accounting and insurance counseling services for the Project. 8) Designate a single person to act as the City's Representative with respect to the Engineer's services. Such person shall have complete authority to transmit instructions, receive information, and interpret and define the City's policies and decisions with respect to services covered by this Agreement, subject to City Council approval when required by law. 9) Give prompt written notice to the Engineer whenever the City observes or otherwise becomes aware of any defect in the Project or any development that affects the scope or timing of the Engineer's services. 10) Furnish, or instruct the Engineer to provide at the City's expense, necessary "Other Potential Supplemental Services" as provided in Appendix B as they may be needed for a Project. 11) Furnish to the Engineer, as required by the Engineer for performance of its services, information or consultations not covered in the Engineer's Basic Services, such as core borings, probings and subsurface explorations; hydrographic surveys, laboratory tests and inspections of samples, materials and equipment; appropriate professional interpretations of all of the foregoing; property, boundary, easement, and right-of-way surveys and property descriptions; zoning and deed restrictions. 12) Furnish environmental assessments, audits, investigations and impact statements, and other relevant environmental studies for the Project, the site and adjacent areas. 13) Furnish approvals and permits from all governmental authorities having juriSdiction over the Project and such approvals and consents from others as may be necessary for completion of the work. I F:IFarminqton A1 243 rev 12-22-04 LMM DOL rev 11-08-071mmrev clean compare.do~ __ Deleted: C:IDocuments and ,: Settings\lmmlLocal ! Settings\Temporary Internet " FileslOLKB5\Famnlngton A1 243 rev ,: 12-22-04 LMM DOL rev 11-08-07 ,I Immrev clean.doc ! ,Deleted: F:IWorkIBonestroo\contract ,: :' IFamnlngton A 1 243 rev 12-22-04 ,':' Imm rev 11 0607.doc ,',' { ,',' . Deleted: C - If , . It / C -1 i/ 14) Act promptly on all construction Change Orders and provide authorization before Change Orders are issued to the Contractor on a Project. 15) If City desires, furnish inspection or monitoring services to verify that Contractor is complying with all laws or regulations and to verify that Contractor is taking all necessary safety precautions to protect persons and property, as the Engineer in this Agreement does not undertake to perform these services. In performing its services, the Engineer may rely upon the accuracy and completeness of all City provided information. I F:IFarminqton A1 243 rev 12-22-04 LMM DOL rev 11-08-07 Immrev clean compare.doc;. Deleted: C:\Documents and settings\lmm\Local SettingslTemporary Internet FileslOLKB5\Famnlngton A1 243 rev 12-22-04 LMM DOL reV 11-08-07 Immrev c1ean.doc Deleted: F:\Work\Bonestroo\contract : " \Famnington A 1 243 rev 12-22-04 ,':' Imm rev 110607.doc ,',' { /,/ / Deleted: . C - C 2,'/...' _ - __.1/ Appendix D Compensation for Design Engineering Basic Services 1. Construction Cost of the Project. The Fee for Design Engineering Basic Services is a percentage of the "Construction Cost of the Project," which is the total cost of all work designed or specified by the Engineer for the Project, including change orders. It is determined as follows, with precedence in the order listed: 1) For completed construction, the costs to the City of all construction work performed, including the value of all alternates designed, whether awarded or not. 2) For construction work bid but not constructed, the lowest bona fide bid received from a qualified bidder, induding the value of all alternates designed, whether awarded or not. 3) For work for which bids have not been received, the Engineer's latest Opinion of Probable Construction Cost. "Construction Cost of the Project" does not include: 1) Any payments to the Engineer or its consultants. 2) The cost of the land or right-of-way. 3) Other costs which are the responsibility of the City described in Appendix C that were not specified by the Engineer. 2. Determining the fee for Design Engineering Basic Services. For providing Design Engineering Basic Services on construction projects, the City shall pay the Engineer as follows (the "Fee"): 1) For projects that the Engineer believes the construction cost will be more than $100,000, the City shall pay the Engineer a percentage of the Construction Cost of the Project. The applicable percentage is found in Schedule 1 or Schedule 2 below. Construction Basic Services Fee for Cost Desian Enoineering Phase Schedule 1 Schedule 2 $ 100,000 11.63% 9.01% 150,000 11.00% 8.61% 200,000 10.37% 8.21% 250,000 9.75% 7.81% 300,000 9.50% 7.65% 400,000 9.01% 7.32% 500,000 8.52% 7.00% 750,000 7.90% 6.63% 1,000,000 7.53% 6.22% 2,000,000 6.82% 5.75% 4,000,000 6.36% 5.30% 6,000,000 6.20% 5.10% Deleted: C:\Documents and ! Settings\lmm\Local " SettingslTemporary Internet ! Files\OLKB5\Famnington A1 243 rev ,: 12-22-04 LMM DOL rev 11-08-07 Immrev clean.doc ! ,Deleted: F:\Work\Bonestroolcontract " :' IFamnington A1 243 rev 12-22-04 !:, Imm rev 110607.doc :,' { j,/./ Deleted: . D - m m_m_mR ~U/ For a construction cost between listed amounts, the fee will be interpolated. Schedule 1 establishes the Fee for the following types of construction projects: a) Projects involving process engineering (e.g., pumping stations, wells, etc.); b) Projects which require outside funding agency approval; c) Structural facilities (e.g., pumphouses, bridges, retaining walls, etc.); F:IFarminqton A1 243 rev 12-22-04 LMM DOL rev 11-08-071mmrev clean compare.doC\, d) Park work and landscape architecture; e) Multi-agency projects; f) Traffic signal projects g) Street reconstruction projects. Schedule 2 establishes the Fee for all other types of construction projects. 2) For projects that the Engineer believes the construction cost will be less than $100,000, the City shall pay the Engineer for Basic Services on an hourly basis in accordance with Appendix F, Billing Rate Schedule. As an alternative for a particular Project if agreed to by both parties, the City shall pay the Engineer on a lump sum basis where, for each such Project, the amount is negotiated between the two parties. 3. Payment for Feasibility Study I Report. For completion of the Feasibility Study / Report portion of the Design Engineering Phase, City shall pay Engineer on an hourly basis according to the rates in Appendix F. As an alternative for a particular Project if agreed to by both parties, the City shall pay the Engineer on a lump sum basis where, for each such Project, the amount is negotiated between the two parties. The amount paid for the Feasibility Study / Report shall be credited against the Fee if and when the Project moves forward into Final Design, subject to the following: 3.1. The amount of the credit shall not exceed 20 percent of the Design Fee, and 3.2. A partial credit shall be issued for studies: 1) that exceed the normal scope of services for the Feasibility Study/Report, and 2) in situations where only a part of the study recommendations proceed to Final Design. Deleted: C:\Documents and ,: Settings\lmm\Local " Settings\Temporary Internet ! Files\OLKB5\Famnington A1 243 reV : 12-22-04 LMM DOL rev 11-08-07 ,:' Immrev clean.doc ,: ,Deleted: F:\Work\Bonestroo\contract ,: ,: \Famnington A1 243 reV 12-22-04 :,: Imm reV 110607.doc />>_{ Deleted: . D- D -2 ro' I F:\Farminqton A1 243 rev 12-22-04 LMM DOL rev 11-08-071mmrev clean compare.do~ Appendix E Special Service Provisions General Engineering ,?ervices ____m_mn Deleted: and Public Works Deparbnent Supervision The Engineer agrees to ,provide a Civil_~fl_gjn_~~~;o perform (3~rl~raL~n.9in_e~ril1g services,j\Uh~_yJ!Y:~_ __----- Deleted: fill the position ofDirector reasonable request, the Engineer shall replace the person provide~.Ihe City Council shall,provide such ~"'" ofPublicWorks/City person with all defenses, indemnities and immunities provided a city .staffDersorl~6~~itKeI~~;::::::::::::::~\":--1 Deleted: ("DPW/CE") and provide \,\\ " ltl_~~ivil Enaineer orovided will report ~~~~t!YJ9Jh~~g!t}' Enqineer. ___n_nnnnn___ ___nnn__nnn_____.nunh " \ , , , , ' , General Engineering JI1\1~t\l~~__~()f~il1g__~t~h9.i!>'__~}c!!U()__'Elssist the Ci!v En~ineer in the ~l1gil1_~~~il1g_ \:<\, operation~_ _ .G_~I1~r~'- _~l1gJI1E?~~i_r19. _i!>. _typJ~!Iy': _C1_ .G_~I1E?r~l_ flJ-')~ _ E?~p~I1_~~.__~~r'!j~~_JI1_~!I,l~~~_IJ_r1~~r_ .G~I1E?r~I_:\, '\ \ ' Engineering are: \~, \" \ +1 \~::, \\ · .s;;~~Rtt~t !IT1J.?r9_~~.Q'}~.rJ! J~I?!~T~~09 ~ _ _ _ _ __ _.n _ _ _ __ _ n __ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ __nun n _n _n _ _ __ _ _ _ _ _ _ _ n_ _ _ __ _ _ _ __ _ n _ _ _ n _ _ \\"::\\ \\ . Municipal State Aid Account Administration \\\\\'. \' · ~i!y' .QQ~J~~i! _~D.(t~~Jt rrJ~~J!Q.9~_ _ _ _ _ _ _ _ _ _ __ _ _ _ __ __ _ _ _ _ _ n_ _ _ _._ __ _ un _n_n_n h _ u____ __ _ _ __ _ _ _ __ _ _ _ _ _ _ _ _ _ - _ _ __ __ _ _ \\\\\ " . Strategic Planning \ \ \ \ \'.\ · J~.t9f!-:pr91~~t_ 8~g~l~!9.ry }~\g~Q_qy_ !rt_t~r~_~iQfl_ _u _ _ _ _ _ _ _ _ _ u u _ _ _ _ _ _ _u ____ n_ n_n_ __ _h U U _ _ _ _ _ _ _ __ _ _ _ __ _ __ __ _ __ _., \ \, \ \\\ . Non-project Resident Relations \ \, \\ \,,, \1111 \\\\\ \\\11 1\111 \)1\ \\\\ 1I1I 111\ \;\1 '" '" '" '" '" '" " " " " " " '\, Deleted: to fill the pos~ion of DPW/CE. Deleted: fomnally appoint such person as a City official, and shall " Deleted: official Deleted: It is understood that the duties ofthe DPW/CE are defined in the City's position description. " Deleted: DPW/CE pos~ion reports " '. Deleted: Administrator Deleted: is strategic in natu re and Deleted: and the City Council Deleted: manage the Public Works and , Deleted: and plan and maintain the City's infrastructure , Formatted: Indent: Left: 0.25", \ Tabs: Not at 0.5" , Deleted: <#>Oversight of Public , Works and Engineering operationsll Deleted: <#>Utility Administrationll Deleted: <#>Participation on Internal C~y Commilleesll Deleted: C:\Documents and Settings\lmm\Local SettingslTemporary Internet FileslOLKB5\Famnington A1 243 rev 12-22-04 LMM DOL rev 11-08-07 Immrev clean.doc ! ,Deleted: F:IWork\Bonestroolcontract ,: :' IFamnington A1 243 rev 12-22-04 ::' Imm rev 110607.doc :,' { !:' / Deleted: . E - " // E -1 f/ F:IFarminqton A1 243 rev 12-22-04 LMM DOL rev 11-08-071mmrev clean compare.doc. Appendix F City Billing Rate Schedule The billing rate schedule submitted by the Engineer and approved by the City Council at its first meeting in January every calendar year is hereto made part of this agreement. I F:IFarminqton A1 243 rev 12-22-04 LMM DOL rev 11-08-071mmrev clean compare.do~___________ Deleted: C:\Documents and Settings\lmm\Local SettlngslTemporary Internet Files\OLKB5\Famnington A 1 243 rev 12-22-04 LMM DOL reV 11-08-07 Immrev clean.doc :' ,Deleted: F:\Work\Bonestroo\contract ! :' \Famnington A1 243 reV 12-22-04 ::' Immrev110607.doc :,' { !:' / Deleted: . E - E -?_j// Appendix G Standard Billing Rate Schedule The billing rate schedule submitted by the Engineer for Private Development work and approved by the City Council at its first meeting in January every calendar year is hereto made part of this agreement. I F:\Farminqton A 1 243 rev 12-22-04 LMM DOL rev 11-08-07 Immrev clean compare.doc;, Deleted: C:\Documents and Settings\lmm\Local Settings\Temporary Internet Files\OLKB5\Famnington A1 243 rev 12-22-04 LMM DOL rev 11-08-07 Immrev clean.doc Deleted: F:\Work\Bonestroo\contract " " \Fannington A1 243 rev 12-22-04 ; / Imm reV 110607.doc :,' { !/ ,/ Deleted: . E- />' /'~~ E-?F Values Statement Excellence and Quality in the Delivery of Services We believe that service to the public is our reason for being and strive to deliver quality services in a highly professional and cost-effective manner. Fiscal Responsibility We believe that fiscal responsibility and the prudent stewardship of public funds is essential for citizen confidence in government. Ethics and Integrity We believe that ethics and integrity are the foundation blocks of public trust and confidence and that all meaningful relationships are built on these values. Open and Honest Communication We believe that open and honest communication is essential for an informed and involved citizenry and to foster a positive working environment for employees. Cooperation and Teamwork We believe that the public is best served when departments and employees work cooperatively as a team rather than at cross purposes. Visionary Leadership and Planning We believe that the very essence of leadership is to be visionary and to plan for the future. Positive Relations with the Community We believe that positive relations with the community and public we serve leads to positive, involved, and active citizens. Professionalism We believe that continuous improvement is the mark of professionalism and are committed to applying this principle to the services we offer and the development of our employees. R55CKSUM LOG23000VO COUNCIL MEE:TING"iON NOVEMBER 19, 2007 Vendor M SHANKEN COMMUNICATIONS, INC 4 PAWS ANIMAL CONTROL LLC AFFINITY PLUS FEDERAL CREDIT U AGGREGATE INDUSTRIES INC ALCORN BEVERAGE CO. INC. ALLSTATE SALES & LEASING CORP. AMERICAN RED CROSS AMUNDSON, JASON ANDERSENINC,EARLF APPLE FORD MERCURY APPLE VALLEY, CITY OF ARCTIC GLACIER ICE B & B CONTRACTING Business Unit PILOT KNOB LIQUOR POLICE ADMINISTRATION EMPLOYEE EXPENSE FUND STREET MAINTENANCE DOWNTOWN LIQUOR REV & EXP PILOT KNOB LIQUOR SOLID WASTE OPERATIONS RECREATION PROGRAM SERVICES PATROL SERVICES DAISY KNOLL PARK PATROL SERVICES FIRE SERVICES DOWNTOWN LIQUOR REV & EXP PILOT KNOB LIQUOR ESCROW FUND CITY OF FARMINGTON 11/15/200711 :13:21 Council Check Summary Page - 11/05/2007 - 11/18/2007 Object SUBSCRIPTIONS & DUES Amount 12.50 12.50 PROFESSIONAL SERVICES 1,597.50 1,597.50 CREDIT UNION PAYABLE 2,230.00 2,230.00 STREET MATERIALS 97.94 97.94 COST OF GOODS SOLD COST OF GOODS SOLD 22,336.10 25,770.50 48,106.60 VEHICLE SUPPLIES & PARTS 803.47 803.47 PROGRAMMING EXPENSE 390.86 390.86 TRAINING & sUBSlsTANCE 26.38 26.38 OTHER CONSTRUCTION COSTS 3,723.24 3,723.24 VEHICLE SUPPLIES & PARTS 913.41 913.41 PROFESSIONAL SERVICES 216.23 216.23 COST OF GOODS SOLD COST OF GOODS SOLD 253.24 450.55 703.79 DEPOSITS PAYABLE 2,000.00 2,000.00 ~ R55CKSUM LOG23000VO CITY OF FARMINGTON 11/15/200711: 13:21 Council Check Summary Page - 2 11/05/2007 - 11/18/2007 Vendor Business Unit Object Amount B & B PIZZA SOLID WASTE OPERATIONS PROGRAMMING EXPENSE 350.00 350.00 BELLBOY CORPORATION DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 1,513.62 PILOT KNOB LIQUOR COST OF GOODS SOLD 2,862.40 4,376.02 BELZER'S CHEV/DODGE/KIA, JEFF WATER UTILITY EXPENSE VEHICLE SUPPLIES & PARTS 50.43 50.43 BERG, JASON RECREATION PROGRAM SERVICES PROFESSIONAL SERVICES 600.00 600.00 BRAUN INTERTEC CORPORATION CITY HALL PROFESSIONAL SERVICES 1,932.25 1,932.25 BRAUN TURF FARMS DAISY KNOLL PARK OTHER CONSTRUCTION COSTS 687.90 EVERGREEN KNOLL PARK OTHER CONSTRUCTION COSTS 687.48 DAKOTA CTY ESTATES PARK OTHER CONSTRUCTION COSTS 687.98 2,063.36 BRIESACHER, WAYNE SENIOR CENTER PROGRAMS PROGRAMMING EXPENSE 12.72 12.72 BURKE, TODD & MIMI SEWER OPERATIONS ACCOUNTS RECEIVABLE UTILITIES 94.52 94.52 CANNON WELDING AND MANUFACTURI PARK MAINTENANCE OTHER SUPPLIES & PARTS 98.00 98.00 CARQUEST PATROL SERVICES VEHICLE SUPPLIES & PARTS 64.49 FIRE SERVICES VEHICLE REPAIR SERVICE 20.75 ENGINEERING SERVICES VEHICLE SUPPLIES & PARTS 84.91 PARK MAINTENANCE VEHICLE SUPPLIES & PARTS 100.62 SEWER OPERATIONS EXPENSE VEHICLE SUPPLIES & PARTS 107.01 SOLID WASTE OPERATIONS VEHICLE SUPPLIES & PARTS 51.12 STORM WATER UTILITY OPERATIONS OTHER SUPPLIES & PARTS 20.98 FLEET OPERATIONS VEHICLE SUPPLIES & PARTS 162.18 612.06 CATCO PARTS SERVICE FIRE SERVICES VEHICLE SUPPLIES & PARTS 124.95 R55CKSUM LOG23000VO CITY OF FARMINGTON 11/15/200711 :13:21 Council Check Summary Page - 3 11/05/2007 - 11/18/2007 Vendor Business Unit Object Amount STREET MAINTENANCE VEHICLE SUPPLIES & PARTS 220.94 SOLID WASTE OPERATIONS VEHICLE SUPPLIES & PARTS 496.30- FLEET OPERATIONS VEHICLE SUPPLIES & PARTS 236.22 85.81 CENTEX HOMES ESCROW FUND DEPOSITS PAYABLE 4,000.00 4,000.00 CHICAGO TITLE INS COMPANY ESCROW FUND DEPOSITS PAYABLE 85.53 85.53 CINTAS -754 POLICE ADMINISTRATION PROFESSIONAL SERVICES 46.86 STREET MAINTENANCE UNIFORMS & CLOTHING 180.95 PARK MAINTENANCE UNIFORMS & CLOTHING 207.95 BUILDING MAINT SERVICES PROFESSIONAL SERVICES 87.87 DOWNTOWN LIQUOR REV & EXP OTHER SUPPLIES & PARTS 89.40 PILOT KNOB LIQUOR OTHER SUPPLIES & PARTS 86.20 PILOT KNOB LIQUOR BUILDING REPAIR SERVICE 21.30 SEWER OPERATIONS EXPENSE UNIFORMS & CLOTHING 180.95 SEWER OPERATIONS EXPENSE PROFESSIONAL SERVICES 109.86 SOLID WASTE OPERATIONS UNIFORMS & CLOTHING 302.09 SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 109.86 STORM WATER UTILITY OPERATIONS UNIFORMS & CLOTHING 180.95 STORM WATER UTILITY OPERATIONS PROFESSIONAL SERVICES 21.95 WATER UTILITY EXPENSE UNIFORMS & CLOTHING 180.95 WATER UTILITY EXPENSE PROFESSIONAL SERVICES 109.86 FLEET OPERATIONS VEHICLE SUPPLIES & PARTS 372.93 FLEET OPERATIONS UNIFORMS & CLOTHING 40.28 2,330.21 CNH CAPITAL STREET MAINTENANCE RENTAL OF EQUIPMENT 432.17 PARK MAINTENANCE RENTAL OF EQUIPMENT 417.05 849.22 COLLEGE CITY BEVERAGE INC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 20,245.76 PILOT KNOB LIQUOR COST OF GOODS SOLD 28,049.41 48,295.17 COLLIER, MARVIN SENIOR CENTER PROGRAMS PROGRAMMING EXPENSE 10.00 10.00 R55CKSUM LOG23000VO CITY OF FARMINGTON 11/15/200711: 13:21 Council Check Summary Page - 4 11/05/2007 - 11/18/2007 Vendor Business Unit Object Amount COMMERCIAL ASPHALT CO STREET MAINTENANCE STREET MATERIALS 367.94 367.94 CONSTELLATION NEWENERGY GAS DI SEWER OPERATIONS EXPENSE NATURAL GAS 9.00 WATER UTILITY EXPENSE NATURAL GAS 9.00 18.00 CORRARO, STEVE RECREATION PROGRAM SERVICES PROFESSIONAL SERVICES 750.00 750.00 CULLIGAN ULTRAPURE INDUSTRIES PILOT KNOB LIQUOR OTHER SUPPLIES & PARTS 11.45 11.45 DAKOTA COMMUNICATIONS CENTER PATROL SERVICES CONTRACTUAL SERVICES 20,312.00 20,312.00 DAKOTA COUNTY LUMBER COMPANY PARK MAINTENANCE OTHER SUPPLIES & PARTS 176.52 176.52 DAKOTA COUNTY TECHNICAL COLLEG PATROL SERVICES TRAINING & sUBslSTANCE 420.00 420.00 DAKOTA COUNTY TREASURER SIGNAL MAINTENANCE ELECTRIC 98.53 98.53 DARGIS, LISA ADMINISTRATION OFFICE SUPPLIES 9.57 COMMUNITY DEVELOPMENT MILEAGE REIMBURSEMENT 14.55 24.12 DAY DISTRIBUTING CO DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 2,317.85 PILOT KNOB LIQUOR COST OF GOODS SOLD 2,453.15 4,771.00 DEFENSIVE EDGE TRAINING & CONS PATROL SERVICES TRAINING & SUBslsTANCE 450.00 450.00 DICK'S SANITATION INC SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 25,625.40 25,625.40 DISTAD, RANDY RECREATION PROGRAM SERVICES MILEAGE REIMBURSEMENT 212.92 212.92 R55CKSUM LOG23000VO CITY OF FARMINGTON 11/15/200711 :13:21 Council Check Summary Page - 5 11/05/2007 - 11/18/2007 Vendor Business Unit Object Amount DOLL, ANITA OR ROBERT ESCROW FUND DEPOSITS PAYABLE 10.00 10.00 DSG / HYDRO METERING TECHNOLOG WATER UTILITY EXPENSE EQUIP SUPPLIES & PARTS 29,275.79 29,275.79 ECM PUBLISHERS INC WATER UTILITY EXPENSE ADVERTISING 32.00 32.00 ECONO FOODS SENIOR CENTER PROGRAMS PROGRAMMING EXPENSE 14.02 14.02 EMERGENCY APPARATUS MAINTENANC FIRE SERVICES VEHICLE REPAIR SERVICE 2,140.78 2,140.78 ENGINEERING REPRO SYSTEMS HRAlECONOMIC DEVELOPMENT PROFESSIONAL SERVICES 996.60 996.60 EVERGREEN LAND SERVICES FLAGSTAFF AVE PROFESSIONAL SERVICES 695.00 695.00 EXTREME BEVERAGE LLC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 815.00 PILOT KNOB LIQUOR COST OF GOODS SOLD 600.00 1,415.00 FACTORY MOTOR PARTS CO PATROL SERVICES VEHICLE SUPPLIES & PARTS 197.22 197.22 FARMINGTON EMPLOYEE CLUB EMPLOYEE EXPENSE FUND EMPLOYEE CLUB 94.07 94.07 FARMINGTON PLUMBING & HEATING DOWNTOWN LIQUOR REV & EXP EQUIPMENT REPAIR SERVICE 90.00 90.00 FARMINGTON PRINTING INC GENERAL ACCOUNTING TRAINING & sUBSlsTANCE 2.13 BUILDING INSPECTIONS OFFICE SUPPLIES 56.45 SEWER OPERATIONS EXPENSE OUTSIDE PRINTING 421.25 SOLID WASTE OPERATIONS OUTSIDE PRINTING 421.25 STORM WATER UTILITY OPERATIONS OUTSIDE PRINTING 421.25 WATER UTILITY EXPENSE OUTSIDE PRINTING 421.25 1,743.58 R55CKSUM LOG23000VO CITY OF FARMINGTON 11/15/200711 :13:21 Council Check Summary Page - 6 11/05/2007 - 11/18/2007 Vendor Business Unit Object Amount FERRELL GAS PRODUCTS CO ICE ARENA OPERATIONS EXPENSE FUEL 229.99 229.99 FLANAGAN SALES INC MIDDLE CREEK PARK OTHER CONSTRUCTION COSTS 32.48 32.48 FRONTIER COMMUNICATIONS COMMUNICATIONS TELEPHONE 2,536.21 POLICE ADMINISTRATION TELEPHONE 1,941.45 PATROL SERVICES TELEPHONE 67.21 ICE ARENA OPERATIONS EXPENSE TELEPHONE 52.47 DOWNTOWN LIQUOR REV & EXP TELEPHONE 500.96 PILOT KNOB LIQUOR TELEPHONE 500.96 SEWER OPERATIONS EXPENSE TELEPHONE 524.72 SOLID WASTE OPERATIONS TELEPHONE 52.47 WATER UTILITY EXPENSE TELEPHONE 157.41 6,333.86 FRONTIER COMMUNICATIONS OF AME DOWNTOWN LIQUOR REV & EXP TELEPHONE 7.80 7.80 GODFREY'S CUSTOM SIGNS PARK MAINTENANCE OTHER SUPPLIES & PARTS 83.07 83.07 GODFREY, TYLER ESCROW FUND DEPOSITS PAYABLE 100.00 100.00 GOPHER STATE ONE-CALL INC SEWER OPERATIONS EXPENSE PROFESSIONAL SERVICES 385.70 WATER UTILITY EXPENSE PROFESSIONAL SERVICES 385.70 771.40 GRIGGS COOPER & CO DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 11,321.83 PILOT KNOB LIQUOR COST OF GOODS SOLD 23,180.94 34,502.77 Gs DIRECT INC COMMUNITY DEVELOPMENT OFFICE SUPPLIES 6.97 RECREATION PROGRAM SERVICES OFFICE SUPPLIES 6.97 SEWER OPERATIONS EXPENSE OTHER SUPPLIES & PARTS 6.98 STORM WATER UTILITY OPERATIONS OTHER SUPPLIES & PARTS 6.97 WATER UTILITY EXPENSE OTHER SUPPLIES & PARTS 6.98 34.87 R55CKsUM LOG23000VO CITY OF FARMINGTON 11/15/200711: 13:21 Council Check Summary Page - 7 11/05/2007 - 11/18/2007 Vendor Business Unit Object Amount HALVORSON, CAROLYN J. SENIOR CENTER PROGRAMS RECREATION FEES - SENIOR CTR 19.00 19.00 HEARTHSTONE CONSTRUCTION ESCROW FUND DEPOSITS PAYABLE 60.00 60.00 HEDBERG AGGREGATES WESTVIEW ACRES OTHER CONSTRUCTION COSTS 974.02 974.02 HESSE, DAN T SEWER OPERATIONS ACCOUNTS RECEIVABLE UTILITIES 138.24 138.24 HOHENSTEINs INC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 822.95 PILOT KNOB LIQUOR COST OF GOODS SOLD 441.10 1,264.05 HOLLATZ, LEE INVESTIGATION SERVICES UNIFORMS & CLOTHING 397.98 397.98 HUBER, DAVE P. SEWER OPERATIONS ACCOUNTS RECEIVABLE UTILITIES 45.23 45.23 HYDRQ-VAC INC ELM sT RECONSTRUCTION PROFESSIONAL SERVICES 1,567.50 1,567.50 ICMA RETIREMENT TRUST -457 EMPLOYEE EXPENSE FUND ICMA PAYABLE 5,341.00 5,341.00 IKON OFFICE SOLUTIONS ADMINISTRATION RENTAL OF EQUIPMENT 3,071.89 3,071.89 IMAGES ON METAL INC RECREATION PROGRAM SERVICES PROGRAMMING EXPENSE 534.31 534.31 INDEPENDENT BLACK DIRT CO INC DAISY KNOLL PARK OTHER CONSTRUCTION COSTS 36.74 EVERGREEN KNOLL PARK OTHER CONSTRUCTION COSTS 195.96 DAKOTA CTY ESTATES PARK OTHER CONSTRUCTION COSTS 36.74 269.44 INDEPENDENT SCHOOL DISTRICT #1 STREET MAINTENANCE SIGNS & STRIPPING MATERIALS 2,924.63 2,924.63 R55CKsUM LOG23000VO CITY OF FARMINGTON 11/15/200711: 13:21 Council Check Summary Page - 8 11/05/2007 - 11/18/2007 Vendor Business Unit Object Amount INTERSTATE BATTERY TWIN CITIES PATROL SERVICES VEHICLE SUPPLIES & PARTS 336.43 FIRE SERVICES VEHICLE SUPPLIES & PARTS 266.20 FIRE SERVICES VEHICLE REPAIR SERVICE 40.45 643.08 JOHNSON BROTHERS LIQUOR COMPAN DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 10,478.69 PILOT KNOB LIQUOR COST OF GOODS SOLD 11,308.35 21,787.04 JOHNSON, THAREN RECREATION PROGRAM SERVICES PROFESSIONAL SERVICES 150.00 150.00 KEEPRslNC PATROL SERVICES UNIFORMS & CLOTHING 12.77 12.77 KHONKHOR ENTERPRISES INC PATROL SERVICES TRAINING & SUBslSTANCE 600.00 600.00 LAKE SUPERIOR COLLEGE ENGINEERING SERVICES TRAINING & SUBslSTANCE 150.00 150.00 LAKEVILLE VACUUM BUILDING MAl NT SERVICES PROFESSIONAL SERVICES 106.27 106.27 LAMETTRYs COLLISION LAKEVILLE PATROL SERVICES VEHICLE SUPPLIES & PARTS 158.00 158.00 LAW ENFORCEMENT LABOR SERVICES EMPLOYEE EXPENSE FUND LELs DUES PAYABLE 316.00 316.00 LEAGUE OF MN CITIES INSURANCE INSURANCE INSURANCE DEDUCTIBLE 1,143.08 1,143.08 LEXISNEXls INVESTIGATION SERVICES PROFESSIONAL SERVICES 150.00 150.00 LONE OAK COMPANIES INC SEWER OPERATIONS EXPENSE POSTAGE 150.00 SOLID WASTE OPERATIONS POSTAGE 150.00 STORM WATER UTILITY OPERATIONS POSTAGE 150.00 WATER UTILITY EXPENSE POSTAGE 150.00 600.00 R55CKSUM LOG23000VO CITY OF FARMINGTON 11/15/200711 :13:21 Council Check Summary Page - 9 11/05/2007 - 11/18/2007 Vendor Business Unit Object Amount LUBRICATION TECHNOLOGIES INC FLEET OPERATIONS LUBRICANTS & ADDITIVES 684.66 684.66 LUCCHESI, FRANK SEWER OPERATIONS ACCOUNTS RECEIVABLE UTILITIES 172.79 172.79 M W JOHNSON SEWER OPERATIONS ACCOUNTS RECEIVABLE UTILITIES 61.06 61.06 M. AMUNDSON LLP DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 1,012.37 PILOT KNOB LIQUOR COST OF GOODS SOLD 673.32 1,685.69 MARK VII DISTRIBUTORS INC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 6,001.45 PILOT KNOB LIQUOR COST OF GOODS SOLD 10,203.70 16,205.15 MARTIN, MARY ROSE ESCROW FUND DEPOSITS PAYABLE 7.47 7.47 METRO ALARM CONTRACTORS INC DOWNTOWN LIQUOR REV & EXP PROFESSIONAL SERVICES 255.44 PILOT KNOB LIQUOR PROFESSIONAL SERVICES 511.04 766.48 METRO DINING CLUBS RAMBLING RIVER CENTER PROGRAMMING EXPENSE 1,300.00 1,300.00 METRO PEST MANAGEMENT FIRE SERVICES PROFESSIONAL SERVICES 59.13 59.13 METROPOLITAN COUNCIL SEWER OPERATIONS REVENUE SAC CHARGE RETAINER 23,215.50 23,215.50 MIDWEST COCA-COLA BTLG DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 399.20 PILOT KNOB LIQUOR COST OF GOODS SOLD 548.00 947.20 MINNESOTA CITY/COUNTY MGMT AS ADMINISTRATION SUBSCRIPTIONS & DUES 110.00 110.00 MINNESOTA AFsCME COUNCIL #5 EMPLOYEE EXPENSE FUND AFSCME UNION DUES PAYABLE 778.96 778.96 R55CKSUM LOG23000VO CITY OF FARMINGTON 11/15/200711 :13:21 Council Check Summary Page - 10 11/05/2007 - 11/18/2007 Vendor Business Unit Object Amount MINNESOTA BENEFIT ASSOCIATION EMPLOYEE EXPENSE FUND MBA PAYABLE 108.34 108.34 MINNESOTA COACHES INC SENIOR CENTER PROGRAMS PROGRAMMING EXPENSE 380.22 380.22 MINNESOTA PIPE AND EQUIPMENT SEWER OPERATIONS EXPENSE EQUIP SUPPLIES & PARTS 44.99 WATER UTILITY EXPENSE EQUIP SUPPLIES & PARTS 2,253.03 2,298.02 MINNESOTA STATE RETIREMENT sYS EMPLOYEE EXPENSE FUND HEALTH CARE SAVINGS PLAN 2,572.22 2,572.22 MN CHILD SUPPORT PAYMENT CENTE EMPLOYEE EXPENSE FUND CHILD SUPPORT PAYABLE 1,341.00 1,341.00 MORTON, LISA SEWER OPERATIONS ACCOUNTS RECEIVABLE UTILITIES 198.59 198.59 MOUNT OLlVET CONFERENCE & RETR LEGISLATIVE CONTROL TRAINING & sUBSISTANCE 329.28 329.28 MURPHY, JAMES PATROL SERVICES TRAINING & sUBslSTANCE 17.33 17.33 MUZAK - NORTH CENTRAL DOWNTOWN LIQUOR REV & EXP PROFESSIONAL SERVICES 56.98 PILOT KNOB LIQUOR PROFESSIONAL SERVICES 60.23 117.21 MVTL / MINN VALLEY TESTING LAB WATER UTILITY EXPENSE PROFESSIONAL SERVICES 44.50 44.50 MYRON CORP. ADMINISTRATION OFFICE SUPPLIES 402.03 402.03 NEXTEL COMMUNICATIONS ADMINISTRATION CELLULAR PHONES 44.30 HUMAN RESOURCES CELLULAR PHONES 44.30 BUILDING INSPECTIONS CELLULAR PHONES 89.25 PATROL SERVICES CELLULAR PHONES 1,156.87 FIRE SERVICES CELLULAR PHONES 178.79 R55CKsUM LOG23000VO CITY OF FARMINGTON 11/15/200711 :13:21 Council Check Summary Page - 11 11/05/2007 - 11/18/2007 Vendor Business Unit Object Amount ENGINEERING SERVICES CELLULAR PHONES 117.58 PARK MAINTENANCE CELLULAR PHONES 222.16 BUILDING MAINT SERVICES CELLULAR PHONES 67.67 RECREATION PROGRAM SERVICES CELLULAR PHONES 198.95 SENIOR CENTER PROGRAMS CELLULAR PHONES 22.07 SEWER OPERATIONS EXPENSE CELLULAR PHONES 144.53 SOLID WASTE OPERATIONS CELLULAR PHONES 176.02 WATER UTILITY EXPENSE CELLULAR PHONES 144.52 FLEET OPERATIONS CELLULAR PHONES 44.14 2,651.15 NORTH CENTRAL AMBULANCE SALES FIRE SERVICES VEHICLE REPAIR SERVICE 517.44 517.44 NORTH COUNTRY BUSINESS PRODUCT DOWNTOWN LIQUOR REV & EXP EQUIPMENT REPAIR SERVICE 2,988.55 PILOT KNOB LIQUOR EQUIPMENT REPAIR SERVICE 2,731.81 5,720.36 NORTH TRAIL ELEMENTARY SCHOOL RECREATION PROGRAM SERVICES PROGRAMMING EXPENSE 200.00 200.00 NORTHERN SAFETY TECHNOLOGY PATROL SERVICES VEHICLES 243.46 243.46 NORTHLAND BUSINESS SYSTEMS INC PATROL SERVICES VEHICLE SUPPLIES & PARTS 233.50 233.50 NORTHWEST ASPHALT INC STREET MAINTENANCE PROFESSIONAL SERVICES 1,882.50 WESTVIEW ACRES OTHER CONSTRUCTION COSTS 25,010.50 26,893.00 OFFICEMAX - A BOISE COMPANY ADMINISTRATION OFFICE SUPPLIES 440.12 440.12 PELLlCCI HARDWARE & RENTAL POLICE ADMINISTRATION OTHER SUPPLIES & PARTS 11.69 FIRE SERVICES EQUIP SUPPLIES & PARTS 43.40 FIRE SERVICES BUILDING SUPPLIES & PARTS 324.77 ENGINEERING SERVICES OTHER SUPPLIES & PARTS 19.15 STREET MAINTENANCE VEHICLE SUPPLIES & PARTS 5.75 STREET MAINTENANCE OTHER SUPPLIES & PARTS 64.15 NATURAL RESOURCES OTHER SUPPLIES & PARTS 12.11 R55CKSUM LOG23000VO CITY OF FARMINGTON 11/15/200711 :13:21 Council Check Summary Page - 12 11/05/2007 - 11/18/2007 Vendor Business Unit Object Amount PARK MAINTENANCE OTHER SUPPLIES & PARTS 595.48 BUILDING MAINT SERVICES OTHER SUPPLIES & PARTS 11.38 SENIOR CENTER PROGRAMS EQUIP SUPPLIES & PARTS 6.38 SWIMMING POOL OPERATIONS BUILDING SUPPLIES & PARTS 29.73 SWIMMING POOL OPERATIONS OTHER SUPPLIES & PARTS .27 ICE ARENA OPERATIONS EXPENSE EQUIPMENT REPAIR SERVICE 15.59 SOLID WASTE OPERATIONS OTHER SUPPLIES & PARTS 34.02 WATER UTILITY EXPENSE OTHER SUPPLIES & PARTS 83.22 FLEET OPERATIONS VEHICLE SUPPLIES & PARTS 7.22 1,264.31 PHILLIPS WINE AND SPIRITS INC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 7,006.74 PILOT KNOB LIQUOR COST OF GOODS SOLD 9,699.82 16,706.56 PINE BEND LANDFILL INC SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 786.84 786.84 POR - MKR REAL ESTATE, LLC sE AREA SANITARY SEWER LAND 5,805.37 210TH STREET EAST LAND 305,600.00 311,405.37 POSTMASTER SOLID WASTE OPERATIONS POSTAGE 435.67 435.67 PRAIRIE RESTORATIONS INC MEADOW CREEK 3RD PROFESSIONAL SERVICES 3,027.75 STORM WATER UTILITY OPERATIONS PROFESSIONAL SERVICES 6,147.25 9,175.00 PUBLIC EMPLOYEES RETIREMENT AS EMPLOYEE EXPENSE FUND PERA PAYABLE 13,291.73 EMPLOYEE EXPENSE FUND PERA 16,395.36 29,687.09 QUALITY UNDERGROUND SERVICES ELM sT RECONSTRUCTION CONSTRUCTION CONTRACTS 81,612.28 81,612.28 QUALITY WINE AND SPIRITS CO DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 5,824.35 PILOT KNOB LIQUOR COST OF GOODS SOLD 10,862.63 16,686.98 RED WING AREA SENIORS SENIOR CENTER PROGRAMS PROGRAMMING EXPENSE 100.00 100.00 R55CKSUM LOG23000VO CITY OF FARMINGTON 11/15/200711 :13:21 Council Check Summary Page - 13 11/05/2007 - 11/18/2007 Vendor Business Unit Object Amount RENT 'N' SAVE PORTABLE SERVICE PARK MAINTENANCE PROFESSIONAL SERVICES 112.89 112.89 RIVERTOWN NEV\lPAPER GROUP ADMINISTRATION LEGAL NOTICES PUBLICATIONS 14.50 HUMAN RESOURCES EMPLOYMENT ADVERTISING 145.00 RECREATION PROGRAM SERVICES ADVERTISING 560.00 ICE ARENA OPERATIONS EXPENSE ADVERTISING 160.00 ANNUAL sEALCOATING PROJECT LEGAL NOTICES PUBLICATIONS 319.00 ELM sT RECONSTRUCTION ADVERTISING 760.00 DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 90.20 PILOT KNOB LIQUOR COST OF GOODS SOLD 145.80 PILOT KNOB LIQUOR ADVERTISING 310.00 WATER UTILITY EXPENSE ADVERTISING 58.00 2,562.50 ROCINC FIRE SERVICES PROFESSIONAL SERVICES 346.13 BUILDING MAINT SERVICES PROFESSIONAL SERVICES 2,698.34 SENIOR CENTER PROGRAMS PROFESSIONAL SERVICES 901.31 3,945.78 SAUBER PLUMBING & HEATING CO. WATER UTILITY EXPENSE PROFESSIONAL SERVICES 175.00 175.00 SAUTER, ROBERT PATROL SERVICES UNIFORMS & CLOTHING 70.30 70.30 SIGARMs INC PATROL SERVICES OTHER SUPPLIES & PARTS 99.95 99.95 sKB ENVIRONMENTAL INC SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 804.70 804.70 SMITH, DELORIS F & WEN K MIL & OVERLAY ANNUAL PRJ SPEC ASSESS PREPAID TO CITY 985.00 985.00 sOUTHSIDE REDI-MIX, INC WEsTVIEW ACRES OTHER CONSTRUCTION COSTS 273.52 273.52 SPRINT PATROL SERVICES CELLULAR PHONES 422.90 422.90 R55CKsUM LOG23000VO CITY OF FARMINGTON 11/15/200711 :13:21 Council Check Summary Page - 14 11/05/2007 - 11/18/2007 Vendor Business Unit Object Amount SUNDANTZ CREATIONS 2007 POLICE ADMINISTRATION UNIFORMS & CLOTHING 46.80 PATROL SERVICES UNIFORMS & CLOTHING 63.00 109.80 SUNDVALL, TRAVIS PATROL SERVICES TRAINING & SUBSISTANCE 35.13 35.13 TESSMAN SEED CO - ST PAUL WEsTVIEW ACRES OTHER CONSTRUCTION COSTS 406.83 406.83 TIGER BOYS BASKETBALL RECREATION PROGRAM SERVICES PROFESSIONAL SERVICES 470.00 470.00 TIGER GIRLS BASKETBALL RECREATION PROGRAM SERVICES PROFESSIONAL SERVICES 400.00 400.00 TORRES, CHRISTOPHER & MOLLY SEWER OPERATIONS ACCOUNTS RECEIVABLE UTILITIES 200.03 200.03 TRI COUNTY BEVERAGE & SUPPLY PILOT KNOB LIQUOR COST OF GOODS SOLD 85.00 85.00 UNITED PARCEL SERVICE POLICE ADMINISTRATION POSTAGE 31.07 31.07 UNIVERSITY OF MINNESOTA BUILDING INSPECTIONS TRAINING & sUBslSTANCE 510.00 510.00 USA BLUEBOOK SEWER OPERATIONS EXPENSE OTHER SUPPLIES & PARTS 122.73 122.73 USA MOBILITY WIRELESS, INC SEWER OPERATIONS EXPENSE CELLULAR PHONES 1.88 WATER UTILITY EXPENSE CELLULAR PHONES 1.88 3.76 VERIZON WIRELESS FIRE SERVICES CELLULAR PHONES 15.18 15.18 VOGEL, ROBERT C BOARDS & COMMISSIONS PROFESSIONAL SERVICES 1,820.00 1,820.00 ZIEGLER INC CITY OF FARMINGTON Council Check Summary 11/05/2007 - 11/18/2007 Business Unit Object Amount STREET MAINTENANCE UNIFORMS & CLOTHING 100.00 100.00 SEWER OPERATIONS ACCOUNTS RECEIVABLE UTILITIES 147.48 147.48 DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 717.50 PILOT KNOB LIQUOR COST OF GOODS SOLD 316.40 1,033.90 DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 4,335.75 PILOT KNOB LIQUOR COST OF GOODS SOLD 7,828.60 12,164.35 STREET MAINTENANCE VEHICLE TIRES 4,854.04 SEWER OPERATIONS EXPENSE VEHICLE TIRES 9.00 4,863.04 RECREATION PROGRAM SERVICES PROFESSIONAL SERVICES 150.00 150.00 STREET MAINTENANCE VEHICLE SUPPLIES & PARTS 23.45 BUILDING MAINT SERVICES EQUIPMENT REPAIR SERVICE 67.10 SEWER OPERATIONS EXPENSE EQUIPMENT REPAIR SERVICE 83.88 SOLID WASTE OPERATIONS EQUIPMENT REPAIR SERVICE 83.88 STORM WATER UTILITY OPERATIONS EQUIPMENT REPAIR SERVICE 16.78 WATER UTILITY EXPENSE EQUIPMENT REPAIR SERVICE 83.88 358.97 Report Totals 892,170.70 11/15/200711 :13:21 R55CKsUM LOG23000VO Page - 15 Vendor WALTMAN, MATT WELLS FARGO HOME MORTAGE WINE COMPANY, THE WINE MERCHANTS APP~AJj,S : ~ SODERBERG FOGARTY WlNGFOOT COMMERCIAL TIRE ~ YN MCKNIGHT PRITZLAFF WILSON WYANDT, SHANE