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Home My WebLink About7/25/05 City of Farmington 325 Oak Street Farmington, MN 55024 A Proud Past - A Promising Future Committed to Providing High Quality, Timely and Responsive Service to All Of Our Customers . AGENDA REGULAR WATER BOARD MEETING Monday, July 25, 2005 7:00 PM Conference Room A 1. Call to Order . 2. Approve Agenda 3. Approve Minutes -regular meeting, June 27, 2005 4. Water Use Restriction Appeals a) Jason Wainwright, 5120 203rd Court West b) Mr. & Mrs. David Mix, 5783184th Street West c) Mr. & Mrs. Andrew Peterson, 4859187th Street West d) Joni R. Hoyland, 19065 Everest Trail 5. Continued Discussion Items a) Water Use Policy Revision Discussion b) Draft Preliminary Report - Well #8 and 4.0 MG GSR 6. New Business a) Renew TKDA meter reading contract b) Preliminary 2006 Budget Discussion c) DNR Summer Surcharge 7. Approve Bills 8. Financial Report 9. Open Forum . 10. Adjourn t~ .L{lO ~~;~'E~ ""?J .'~ '.'~ ,:~,:. . JtJ.~ lr,Q005 ~- . 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W ~ ~~. ~ Mfl~"'"'1 --k.;>\::~1 ~~ -&e... \..t\~N ~s~ . i~~M~ ~~~'Y ~ e.Ne~-\u~ 5\..v..-\- D4.f ~CL ~ \lolve. ,. ~( 1 'i . } " Administrative Citation Water Use Restrictions /11~ ~ -- b ..rJ-l: OS '7 _ )' - 0<"" . The undersigned states: On the )~4 day of ~ , 20 0)' . at I :2 J fl 'f o'clock . AM l$i.t A violation of the City's Water Use Restrictions Policy was observed at: 51 d-O ~ 03 ~ U- l,J Address Issued by: ~ . . Notes: \~rl,i)~ .~~~rs~ - ~ . PLEASE.READ CAREE . The penalty for violating the Water Use Restrictions Policy i $25 t r the first offense in a calendar year . and $50 for each subsequent offense in the same calendar y . . have ten (10) business days from the ""issuance of this notice to remit the penalty set forth below. If you wish to contest this citation, you must request, in writing, an administrative hearing before the Farmington Water Board within ten (10) business days. Failure to pay the penalty imposed or request an administrative hearing within ten (10) business days will result in the penalty amount being applied to your City utility bill. I understand that by paying this penalty I am admitting to violating the City's Water Use Restrictions Policy. I also understand that I have a right to an administrative hearing and I waive that right. Signature Address Date . MAKE CHECKS PAYABLE TO: City of Farmington (a charge of $20.00 will be assessed for all returned checks) Send check or money order only. Do not mail cash. MAIL TO: City of Farmington, 325 Oak Street, Farmington, MN 55024 DELIVER IN PERSON TO: Farmington City Hall, 325 Oak Street, 8 a.m. to 4:30 p.m. Monday - Friday , . . . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463.7111 Fax (651) 463-2591 www.ci.farmimrton.mn.us July 6, 2005 . Mr. Jason Wainwright 5120 203m Court West Farmington, MN 55024 RE: Request for Administrative Hearing for Water Use Citation . . "" Dear Mr. Wainwright, Your request for an administrative hearing regarding your Administrative Citation was received and you have been placed on the next Water Board agenda. The Farmington Water Board's next meeting is Monday, July 25 at 7:00pm at Farmington City Hall in Conference Room A. Please feelfree to call me at 651-463-1600 if you have any questions. -]:~, Lena Larson Public Works Administrative Assistant cc: file .~ . . . :;;,.,'~:;., I-+~ 4b Wednesday, July 06, 2005 To Whom It May Concern: .-=- . . . . Administrative Citation Water Use Restrictions 7!zr;- c(~ UtI! The undersigned states: On the :;>. )"'.~ AM 1M. ~. ,20 D\ ,at ).1;SJ day of o'clock A violation. of the City's Water Use Restrictions Policy was observed at: 57Y3 Ijrlr~14-U , Address Issued by; ~ / ')... ~GP CV'v . . Notes: PLEASE READ CAREFULLY The penalty for violating the Water Use Restrictions Policy is $25 for the first. offense in a calendar year ,end $50 for each subsequent offense in the same calendar year. You have ten (10) business days from the "'issuance of this notice to remit the penalty set forth beJow. If you wish to contest this citation, you must request, in writing, an administrative hearing before the Farmington Water Board within ten (10) business days. Failure to pay the penalty imposed or request an administrative hearing within ten (10) business days'will result in the penalty amount being applied to your City utility bill. I understand that by paying this penalty I am admitting to violating the City's Water Use Restrictions Policy. I also understand that I have a right to an administrative hearing and I waive that right. Signature Address Date MAKE CHECKS PAYABLE TO: City of Farmington (a charge of $20.00 will be assessed for all returned checks) Send check or money order only. Do not mail cash. MAIL TO: City of Farmington. 325 Oak Street. Farmington. MN 55024 DELIVER IN PERSON TO: Farmington City Hall. 325 Oak Street. 8 a.m. to 4:30 p.m. Monday - Friday .. City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463.7111 Fax (651) 463-2591 www.ci.~armington.riin.us .. July 6, 2005 Mr. & Mrs. David Mix 5783 184th Street West Farmingto~ MN 55024 RE: Request for Administrative Hearing for Water Use Citation'.. Dear Mr..& Mrs. Mix, Your request fot an administrative hearing regarding your Administrative Citation was received and ~ou ~ave been placed on the next Water B.oard age?da. Th~ Farmington Water Board's next . meeting IS Monday, July 2S at 7:00pm at Fanmngton CIty Hall m Conference Room A. Please feel :free to call me at 651-463-1600 if you have any questions. - ",'''' Sincerely, ~~ Lena Larson Public Works Administrative Assistant cc: file \ .----"--. . .' . Andrew and Rochelle Peterson 4859 187th Street West Farmington, MN 55024 City of Farmington 325 Oak Street Farmington, MN 55024 July 3, 2005 Dear Sir or Madam, ... . We received an Administrative Citation regarding water use restrictions on June 25, 2005. We are writing this letter to request an administrative hearing before the . Farmington Water Board; Please advise what steps we need to take. you for your attention to this matter. . '~~" . l~4C " Administrative Citation Water Use Restrictions e. The undersigned states: On the ;)<(1 day of ~ -- Jl' D () , 20 0 \ , at o'clock AM ~ A violation of the City's Water.Use Restrictions Policy was observed at: '-/'K S~, It7"~4J Address . Issued by: u . . , Notes:_J ).. _G ~ 8 (l..4, ~~~ . -------------------------------------~-------------------------------------------------------------~------------------------ PLEASE READ CAREFULLY. The penalty for violating the Water Use Restrictions Policy is $25 for the first offense in a calendar year . ~nd $50 for each subsequent offense in the same calendar year. You have ten (10) business days from the. v . issuance of this notice to remit the penalty set forth below. If you wish to contest this citation, you must request, in writing, an administrative hearing before the Farmington Water Board within ten ( 10) business days. Failure to pay the penalty imposed or request an administrative heari~ within ten (10) business days will result in the penalty amount being applied to your City utility bill. . . Irunderstand that by paying this penalty I am admitting to violating the City's Water Use Restrictions Policy. I also understand that I have a right to an administrative hearing and I waive that right. Signature Address Date . MAKE CHECKS PAYABLE TO: City of Fannington (3 charge of $20.00 will be a.;sessed for all returned cht::cks) Send check or money orQer only: Do not mail cash. ; MAIL TO: City of Farmington. 325 Oak Street. Farmington. MN 55024 DELIVER IN PERSON TO: Fannington City Hall. 325 Oak Street. 8 a.m. to 4:30 p.m. Monday- Friday . . . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us July 7, 2005 Mr. & Mrs. Andrew Peterson . 4859 187th Street West Farmington, MN 55024 RE: Request for Administrative Hearing for Water Use Citation . '. Dear Mr. & Mrs. Peterson, Your request for an admini!;trative hearing regarding your Administrative Citation was received and you have been placed on the next Water Board agenda. The Farmington Water Board's next meeting is Monday, July 25 at 7:00pm at Farmington City Hall in Conference Room A. Please feel free to call me at 651-463-1600 if you have any questions. ~""" ]:~ Lena Larson . Public Works Administrative Assistant cc; file \ -- . . . / City of Farmington 7-1J!-D5 I+-UV"\ ~ ce To Whom it may concern; I received a watering citation yesterday when my sprinklers went off early. It was an odd day and my house number is 19065. It was unintentional and I ask for an exception. My grounds is as a tax payer I have had to pay for the city wasting water on the street across from the new Kwik Trip. I can get the address if you need but after my phone conversation and the lady writing the citation they both knew about it. The water had been runnillg non stop for almost 2 months. A lady I work with had called the city a lot of times and nothing was done until recently. She or her husband had to go and pull debris out of the gutter especially during all the rains we had a few weeks back. I do not feel it is fair to hold residents that have to pay their water bills at a higher standard than the city. That should not only be me but anyone else receiving citations. And since I am writing I . hope the City will not continue to let the big rock pile sit on the city street for such a long time again (190~ like they have for the last 2 years it is really a hazard. And lastly on the 4th I called about fire works being shot over my house atld cars. They were littered with debris (so were the streets) . The response I received is they are going off all over the city. My response was if they were in a field or away from houses I would not complain. But these were big city type :fireworks totally not appropriate for residenti~ areas. I did not get to sleep till one in the morning and had to work the next day. Our city cops did nothing to stop it. But we pay taxes and then get fined over a mistake. It was my water day. I am just frustrated by all the different standards our city has. . Sincerely, Jom R Hoyland 19065 Everest Trail Farmington, MN 55024 . .j....'~ ./ / I fII T1u umkrsigned ._" fl 1 On the . Irs^- day of j~ ~ ".. , 20 (Y\ , at '\ . oly 0' clock AM ,(@ A violation of the City's Water Use Restrictions Policy was observed at: I 'ib(,\ E c/~ l' AA-4. Address Issued by: ~ Notes:--.-1 ') - ~ R ~ ~~ ------------------------------------------------------------------------------------------------------------~-~------------- . PLEASE READ CAREFULLY The penalty for violating the Water Use Restrictions Policy is $25 for the first offense in a calenc;lar year and $50 for each subsequent offense in the same calendar year. You have ten (10) business days from the issuance of this notice to remit the penalty set forth below. If you wish to contest this citation, you must request, in writing, an administrative hearing before the f~ington Water Board within ten ( 10) business days. F~ilure to pay the penalty imposed or request an administrative hearing within ten (10) business days will result in the penalty amount being applied to your City utility bill. I understand that by paying this penalty I am admitting to violating the City's Water Use Restrictions Policy. I also understand that I have a right to an administrative hearing and I waive that right. Signature Address Date . MAKE CHECKS PAYABLE.ro: City of Fannington (a charge of $20.00 will be assessed for all returned checks) Send check or Illoney order only. Do not mail cash. MAIL TO: City of Farmington. 325 Oak Street. FarminglOn. MN 55024 DELIVER IN PERSON TO: Farriungton City Hall. 325 Oak Street. 8 a.lll. to 4:30 p.m. Monday - Friday City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.~armington.mn.us . July 18, 2005 Ms. Jom R Hoyland 19065 Everest Trail Fannington, MN 55024 RE: Request for Admlni~trative Hearing for Water U~Citatiou.. Dear Ms. Hoyland, Your request for an administrative hearing reg~g your Administrative Citation was received and you have been placed on the neXt Water Board agenda. The Farmington Water Boanrs next . meeting is Monday, July 25 at 7:00pm at Fannington City Hall in Conference Room A. . . Pl~ feel free to .call me at 651-463-1600 if you have any questions. -.~~;~~ ~ Public Works Administrative Assistant cc: file .-~ . ~6~ . City of Farmington 325 Oak Street, Farmington, MN 55024 (651) 463-7111 Fax (651) 463-2591 www.ci.farmington.mn.us TO: Water board members FROM: Robin Roland, Finance Director SUBJECT: TKDA Meter reading contract renewal DATE: July 25, 2005 INTRODUCTION TKDA provides water meter reading services to the City and has since 2000. Their contract is up for renewal. DISCUSSION TKDA provides consistent and efficient services. They have assisted with a variety of meter issues and problems and the process for meter reading/utility billing has benefited significantly from their . quality service. TKDA is proposing an increase in the reimbursement rate from $0.537 to $0.557 per meter read. This is a 4% increase over the rate which has been in place since 2003. The total cost annually would be $12,500 for the current number of households in Farmington. Effective with the 2005 budget, the cost of this service has been split SO/50 with the Sewer fund, as the Sewer billing relies on the water meter readings. ACTION REQUIRED Approve renewal ofTKDA contract for meter reading services for the next 24 months. Respectfully submitted, ~*~ Robin Roland Finance Director . . . . TKDA ENGINEERS' ARCHITECTS. PLANNERS 1500 Piper Jaffray Plaza 444 Cedar Street Saint Paul, MN 55101-2140 July 13, 2005 (651) 292-4400 (651) 292-0083 fax www.tkda.com Ms. Robin Roland Finance Director City of Farmington 325 Oak Street Farmington, Minnesota 55024-1374 Re: Proposal for Water Meter Reading Services ~ Dear Ms. Roland: On behalf ofTKDA, we are pleased to submit our Proposal to continue providing water meter reading services for the City of Farmington. Our services will be provided in the manner described in this Proposal subject to the terms and conditions set forth in the attached "General Provisions of Architect-Engineer Agreement" dated October 1993. Hereinafter, the City of Farmington is referred to as the OWNER. I. PROJECT DESCRIPTION Based upon the discussion with Verne Jacobsen ofTKDA, we understand that the selected vendor will read only radio or remote accounts and that uploading and downloading of the meter routes into City-owned reading equipment will be completed by the OWNER'S staff. The OWNER has approximately 5,600 residential accounts which are divided into three sections or districts. Each month one section will be read and each section will be read once per quarter. The accounts will be read during the first three weeks of each month and include both external remote and radio read water meters. In addition to the meter readings, TKDA will assist the OWNER with meter route sequencing, uploading and downloading, and meter repair on an hourly rate basis. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity . . . Ms. Robin Roland City of Farmington Proposal for Water Meter Reading Services July 13, 2005 Page 2 II. SERVICES TO BE PROVIDED BY TKDA Based on TKDA'S understanding of the Project, we will provide the following services: A. Provide personnel to read water meters and assist with related meter tasks on an hourly basis. B. Provide jackets and identification for personnel reading the water meters. C. Provide transportation for meter readers. . III. ADDITIONAL SERVICES If authorized by you, we will furnish or obtain from others Additional Services which are not considered as basic services under this Proposal. Additional Services shall be billable on an Hourly Rate basis as defined in Article 3 of the General Provisions, and such billings shall be over and above any maximum amounts set forth in this Proposal. IV. OWNER'S RESPONSffiILITIES The OWNER'S responsibilities shall be as set forth in Article 8 of the General Provisions and as further described or clarified hereinbelow: A. Provide meter reading equipment. B. Provide all services required to upload and download routes. C. Provide maintenance required on meter reading equipment. V. PERIOD OF SERVICE We would expect to continue our services promptly upon receipt of your acceptance of this Proposal and to complete SECTION II services within 24 months. The contract period will be extended for a two year duration. . . . Ms. Robin Roland City of Farmington Proposal for Water Meter Reading Services July 13, 2005 Page 3 VI. COMPENSATION Based upon a total of approximately 22,400 residential meter readings per year, TKDA will provide the desired meter reading services at a cost of 55. 7 ~ per read. The estimated annual cost would be $12,477 for the estimated 22,400 meter readings per year. Services provided to assist the OWNER with meter route sequencing, uploading and downloading, and meter repair will be provided at an hourly rate of $28 per hour. The provisions of Article 3.A of the attached General Provisions are hereby deleted in favor of the above method of compensation. ~ VII. CONTRACTUAL INTENT We thank you for the opportunity to submit this Proposal and are willing that this letter and attachments constitute a contract between us upon its signature by an authorized official of the City of Farmington and the return of a signed copy to us. This Proposal will be open for acceptance for 30 days, unless the provisions herein are changed by us in writing prior to that time. If you require additional information or have questions regarding this Proposal, please contact Verne Jacobsen at 651/282-4484. r;j~ ' Richard N. Sobiech, P.E. President/CEO Verne E. J cobsen, P .E. Project Manager ACCEPTED FOR THE CITY OF FARMINGTON, MINNESOTA By Title Date RNS:VEJ:adh ATTACHMENT: GENERAL PROVISIONS TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED General Provisions Of Architect-Engineer Agreement . ARTICLE 1. GENERAL These General Provisions are illended to be used il conjunction with Agreements between T ollz, Kilg, Duvall, Anderson and Associates, Incorporated, a Minnesota Corporation, herei1after referred to as TKOA. and a OWNER, whereil the OWNER engages TKOA 10 provide certain Arch~ecIural, Planning, and/or Englneerilg services on a Project. As used hereil, the tenn 'this Agreement' refers \0 (1) TKOA's Proposal which fonns the basis for the Agreement upon its acceptance by the OWNER, (2) these General Provisions, and (3) any attached Exhilits, as I \hey were part of one and the same document. With respect to the onler of supersedence, any attached Exhllits shaB govem over these General Provisions and the Agreement shaB govern over any attached Ellhibls and these General Provisions. ARTICLE 2. PERIOD OF SERVICE The term of this Agreemenl for the perfonnance of services hereunder shaH be as set forth in \he Agreement. In this regard, any lump sum or eslinated maximum paymenllll1lOlJlts set forth in \he Agreement have been established il anticipation of an oolefty and continuous progress of \he Project il accordance with \he schedule set forth il the Agreement or any Ellhilits attached \hereto. ARTIClE 3. COMPENSATION TO TKDA A. Compensation \0 TKDA for services descriled in this Agreement shall be on a Lump SIIn basis and/or an Hourly Rate basis as designated in fie Agreement and as hereilafter descstled. . 1. A Lump Sum method of payment for TKDA's services shal apply \0 all or parts of a WOlk scope where TKDA's tasks can be readiy defined andfor where \he level of eIIort required to accomplish such tasks can be estimated with a reasonable degree of aocuracy. The OWNER shaH make monthly payrnenls \0 TKDA wiIhil 30 days of date of iwoice based on an estinated percentage of completion of TKDA's services. 2. M Hourly Rate method of payment for TKDA's services shall apply to aI or parts of a work scope where TKDA's tasks cannot be readiy defined and/or where the level of effoft IeqUked \0 accomplish such tasks camot be estinated with any reasonable degree of accuracy. Under an Hourly Rate method of payment TKDA shall be paid for \he actual hours worked on \he Project by TKDA technical personnel times an hourfy billing rate established for each employee. Hourly blling rates shaB include compensation for aU salary costs, payroll burden, general and admilistrative oved1ead and professional fee. A rate schedule shall be fumished by TKDA to OWNER upon request. In addition \0 the foregoing, TKDA shaB be reinbursed at cost for \he following Direct Expenses when ilcufred ilthe pelfonnance of the work: (a) Travel and subsistence. (b) Computer services. (e) Outside professional and technical services with cost defined as the amount billed TKOA plus 10"10. (d) Identifiable reproduction and reprographic costs. (e) Other expenses for additional items and services as set forth in the Agreement. The OWNER shan make monthly payments to TKDA within 30 days of date of invoice based on computations made in accordance with the above charges for services provided and expenses incurred to date, accompanied by supporting evidence as required. B. The OWNER will pay the balance stated on the ilvoice unless OWNER notifieS TKDA il writing of the particular lern thai is alleged 10 be incorrect within 15 days from the date of ilvoice, in which case, only the disputed item will remail undue untl resolved by the parties. All accounts unpaid after 30 days from the date of origilal ilvoice shall be subject to a service charge of 1-13 per month, or the maximum amount authorized by law, whichever Is less. TKDA shaB be entilted \0 recover aI reasonable costs and disbursements, including reasonable attorneys fees, incurred in connectiorrwiIh collecting amolllts oWed by OWNER. In addition, TKDA may after givilg seven days' written notice to the OWNER, suspend services under this Agreement until TKDA has been paid il full for an amounts then due for services, expenses and charges. OWNER agrees that TKDA shaH not be responsible for any claim for consequential damages arising from suspension of services hereunder. . ARTICLE 4. EXTRA WORK If TKOA Is of the opinion thai any work they have been directed to perform is beyond the Scope of this Agreement, or that the level of effort required slgnrlCanlly exceeds that estimated due to changed conditions and thereby constitutes extra wolt(, they shall notIy the OWNER of that fact. Extra work, additional compensation for same, and extension of time for completion shal be covered by a Supplemental Agreement entered into by both parties. ARTICLE 5. ABANDONMENT, CHANGE OF PLAN AND TERMINATION Either Party has the r9d to tennilate Ills Agreement ~ seven days written notice. In addition, \he OWNER may at art! time, reduce the scope of this Agreement. Such reduction in scope shaI be set forth il a written notice from the OWNER \0 TKOA. In the event of unresolved dispute over change in scope or changed condilions, this Agreement may also be tennilated ~ seven days' written notice u provided above. In the event of tenni1ation, aI documents finished or lI1li1ished, prepared by TKDA IIlder this Agreement shall be made avalable by TKDA \0 the OWNER pursuant to Article 6, and there shall be no further obligation of the OWNER to TKDA under this Agreement, except !of payment of amoIIlls due and owing for work pelfonned and expenses incurred to the date and tine of tennination, computed il accordance with the provisions of Article 3 and the Agreement. In \he event of a reduction il scope of the Project work, TKDA shaI be paid for the work performed ~ expenses incurred on the Project work thus reduced and for any compIeIed and abanOOned work, for which payment has not been made, COI11lUled in accon:lance with the provisions of Article 3 and the Agreemenl ARTICLE 6. DISPOSITION OF PLANS, REPORTS AND OTHER DATA N. the tine of c:of11lIetion or termi1ation of the work, TKDA shaI make avaiabIe to fie OWNER, all maps, tracings, reports, resource materials and other doctments pertaining to the work or \0 \he Project. ~ such documents are not intended or represellled \0 be suIabIe for reuse by the OWNER or others on extensions of the Project or any other project. MY reuse without written verIication or adaptation by TKDA !of the specific puIpOS8 i1tended wi be at OWNER's sole risk and without IiabJIly or legal exposure \0 TKDA. In this regard, the OWNER wllndemniy and hold hannless TKDA from any and aI suils or claims of lIird parties arising out of such reuse, which Is not spedically verified, adapted, or authorized by TKOA. In the event eIecIronic copies of documents are made avaIabIe to the OWNER pursualI \0 the foregoing paragraph, the OWNER acknowledges that fie usefulliIe of electronic media such as magnetic tapes, CD-roms, and/or ftoppy disks may be, linked because of deterioration of the media or obsolescence of the compuIer hardware and/or software systems. Therefore, TKDA makes no representation thai such media wi be fully usable beyond 30 days from date of delivery to OWNER. ARTICLE 7. OWNER'S ACCEPTANCE BY PURCHASE ORDER In lieu of or il addition \0 signing an acceptance blank on \he Agreemen~ the OWNER may execute \he contract by issuing a purchase order signed by a duly authorized representative. Such purchase order shaD incorporate by reference the terms end condiIions of Ills Agreement. In the event of a conllict between the terms and conditions of this Agreement and those contained il \he OWNER's purchase onler, the tems and condiIions of this Agreement shaB govem. Notwithstanding any purchase order provisions \0 the contrary, no warrantees, express or inplied, are made by TKDA. ARTICLE B. OWNER'S RESPONSIBILITIES A. To pannit TKDA to perfonn \he services required herelllder, the OWNER shaB supply, il proper line and sequence, the foHowilg at no expense to TKDA: 1. Aft necessary ilfonnation regarding its requirements as necessary for oolefty progress of the work. Designate il writing, a person to act as OWNER's representative with respect to the services to be rendered under VIis Agreement. Such person shan have authority to transmit ilstructions, receive ilslructions, receive informalion, and illerpret and define OWNER's policies wllh respect to TKOA's services. 2. TKDA-OWNER GENERAl PROVISIONS OCTOBER 1993 REV. JAflOARY 2G05 . 3, Furnish, as required lor performance of TKDA's services (except 10 \he extent provided otherwise In the Agreement or any Exhibits attached thereto), data prepared by or services of others, 1nclu<f1llg without limHation, core borings, probing and subsurface explorations, hydrographic and geohydrologic surveys, laboratory tests and Inspections of samples, materials end equipment; appropriate professional Interpretations of all of the foregoing; environmental assessment and ImpacI statements; property, boundary, easement, right-of-way, lopographic and utiily surveys; properly desa1Jlions; zoning, deed and o\heI' land use restriction; and other special data not covered In the Agreement or any Exhibits attached \hereto. 4. Provide access 10, and make all provisions for TKDA to enter upon publicly or privately owned property as required to perfonn the work. 5. Act as liaison with other agencies or involved parties to carry out necessary COOldinatlon and negotiations; furnish approvals and penna from all govemmenlaJ authorities having jurisdiction over lie Project and such approvals and consents from olhers as may be necessary for completion of the Project. 6. Exami1e all reports, sketches, drawings, speciflCallons and o\her doctInents prepared end presented by TKOA, obtai1 advice of en attorney, insurance counselor or others as OWNER deems necessary lor such examiIation and render In wrUlg, decisions pertaining f1ereIo within a reasonable time so as not to delay the services of TKDA. 7. Give prompt written notice 10 TKDA whenever OWNER observes or otherwise becomes aware of any development that affects the scope or lining of TKOA's services or any defeel In the work of Construction Contrac\or(s), Consultants or TKOA. 8. Initiate action, where appropriate, to identiIy and investigate the nature and extent of asbestos and'or poIution In the Project and to abate andfor remove the same as may be required by federal, slate or local staMe, ordinance, code, rule, or regulation now exislilg or hereilafter enacted or amended. For purposes of Ilis ~t, "poIution" and "poIutant" sl1a/l mean any solid, liquid, gaseous or thennaI iTiIant or contaminant, Including smoke, vapor, soot, aIaIIis, chemk:aIs and hazantous or toxic waste. Hazardous or toxic waste means any substance, waste, poIIuIant or contamiIant now or hereafter i1cIuded within such tenns under any federal, slate or local statute, oldinence, code, rule or regulation now existitg or hereinafter enacted or amended. Waste further includes materials to be recycled, reconditioned or reclaimed. If TKOA etlCOIIlters, or reasonably suspects that it has encountered, asbestos or pollution in the Project. TKDA shell cease ac\ivly on lie Project and prompUy notify the OWNER, who shaI proceed as set folth above. Unless otherwise speciIicaIy provided in the Agreement, the services to be provided by TKDA do not include identilicalion of asbestos or poIution, and TKOA has no duty to identify or attempt to identify the same within the area of the Project. WIlh respect to the foregoing, OWNER acl<nowledges and agrees flat TKOA is not a user, handler, generator, operator, treater, storer, transporter or disposer of asbestos or pollution which may be encountered by TKDA on the Project. It is further understood and agreed that services TKOA will undertake for OWNER may be lIlinsurable obligations involving the presence or potenlial presence of asbestos or pollution. Therefofe, OWNER agrees, except (1) such Wily as may arise out of TKDA's sole negligence in the performance of services IJlder this Agreement or (2) to the extent of insurance coverage avalable for the claim. to hold harmless, indemnify and defend TKOA and TKDA's officers, subcontraclor(s), employees and agents from and against any and all clains, lawsuks, damages, liabiily and costs, Includi1g, but nolliniled 10, costs of defense, arising out of or in any way connected with the presence, discharge, release, or escape of asbestos or poIutlon. This indemnification is intended to apply only to existing conditions and not 10 conditions caused or created byTKDA. 9. Provide such accolJlting, independent cost estimating' and insurance CO\I1seling services as may be required lor the Project, such legal services as OWNER may require or TKOA may reasonably request with regard to legal issues pertaining to the Project including any \hat may be raised by Contractor(s), such auditing service as OWNER may require 10 ascertain how or for what purpose any Contractor has used the moneys paid under the construction contract, and such inspection services as OWNER may require to ascertain \hat Contrac\or(s) are complying with any law, rule, regulation, oldinance, code or order appftcable40 their furnishing and pertonnlng the work. 10. Provide 'record" drawings and specifications for aU existing physical plants or facRRies which are pertinent to the Project. . . 11, Provide other services, materials, or data as may be set forth In the Agreement or any Exhibits attached thereto. B. TKDA shaN be entilled to rely on the accuracy and completeness of Infonnation furnished by the OWNER. If TKOA finds that any infonnatlon furnished by the OWNER is in e"or or is Inadequate for its purpose, TKDA shaft prompUy notify the OWNER. ARTICLE 9. OPINIONS OF COST Opinions of probable project cost, construction cost, financial evaluations, feasibli!y studies, economic analyses of aMamate solutions and utlilatian considerations of operations end maintenance costs provided lor In the Agreement or any Exhibits attached thereto, are to be made on lie basis of TKOA's experience and qualilCallons and represent TKDA's judgment as an experienced and qualiled design professional. It is recognized, however. that TKDA does not have control over the cost of labor, material, ~I or services furnished by others or over market conditions or contractors' methods of detennlnlng their prices, and that any evaluation of any facJiIy 10 be constructed, or acquired, or work to be perfonned on the basis of TKDA's cost opinions, must of necessity, be speculative unti completion of construction or acquIsillon. AccordIngly, TKOA does not guarantee that proposals, bids or actual costs will not substantially vary from opinions, evaluations or stooleS submitted by TKOA to OWNER herelJlder. ARTICLE 10. CONSTRUCTION PHASE SERVICES OWNER acknowledges that I is customary lor the archkeel or engileer who is responsible for the preparation and furnishing of DrawIngs and Speclications and oller construc\ion-related documents to be employed to provide professional services durilg the Bidcfllg and Construction Phases of the Project, (1) to i'l\erpNI and c1arly the doCIInentation so furnished and to modify the same as clrcumstances meaIed dumg bidding and construclion may dictate. (2) in connection with accepIance of substillde or or-equal lems of materials and equ~ proposed by bidders and Contractor(s), (3) in connection with approval of shop drawings and sample submiIta/S, and (4) as a result of and in response to TKOA's detecting in advance of perfonnance of alfected work inconslstendes or irregwrities in such documentation. OWNER agrees that I TKOA is not employed to provide sudI professional services during the Bidding (I the work is pul out for bids) and the Construction Phases of the Project, TKDA will not be responsible for, and OWNER shaI indemnify and hold TKOA (and TKOA's professional associates and consuIlants) harmless from, all c1ains, damages, losses and expenses including attorneys' fees arising w of, or resulting from. eny interpretation, clarIicalion, substilution acceplance, shop drawing or sample approval or modIicaIlon of such documentation Issued or carried out by OWNER or others. Nothing contained in this paragraph sl1a/l be construed to release TKOA (or TKOA's professional associates or consullants) from Iiabily for faIure to perfonn in accordance with professional standanIs any duly or responsibIily which TKOA has undertaken or assII1led IJlder this Agreement. ARTICLE 11. INSURANCE TKOA shall procure and maintai'l insurance lor protection from cIains against it ooder workers' compensation acts, clains for damages because of bodily injury including personal injury, sickness or disease or death of any and aI employees or of any person other than such employees, and from claills against I for damages because of injury to or destrucIion of property including loss of use reding therefrom. Also. TKDA shal procure and maintain professionaIliabiiIy insuranCe for protection from claims arising out of performance of professional services caused by any negligent act, error, or omission for which TKDA is IegaIy liable. CertJicates of insurance wII be provided to the OWNER upon request. ARTICLE 12. ASSIGNMENT This Agreement, being intended to secure the personal service of the ildivkfuals employed by and through whom TKOA perfonns work hereunder, shal not be assigned, sublet or transferred without the den consent of the OWNER. ARTICLE 13. CONTROLLING LAW This Agreement is to be governed by the laws of the Stale of Minnesota. ARTICLE 14. NON-DISCRIMINATION TKOA will comply with \he provisions of applicable federal, state and local statutes, oldinances and regulations pertaining 10 human rijlts and non-discrinination. ARTICLE 15. SEVERABILITY My provision or portion \hereof in this Agreement which is held to be void or unenforceable under any law shall be deemed stricken, and aI remaining provisions shal continue 10 be valid and binding between OWNER and TKOA. TKDA-OWNER GENERAL PROVISIONS OCTOBER 1913 REV. JANUARY 2005 --.---.- l kw\. {do CITY OF FARMINGTON WATER FUND BUDGET ANALYSIS . 2002 2003 2004 2005 6/30/2005 2006 ACTUAL ACTUAL ACTUAL BUDGET ACTUAL PROPOSED OPERATING REVENUES USER FEES 663,687 842,568 838,057 810,000 378,189 830,000 WATER PERMITS 23,090 22,940 13,195 25,000 5,180 20,000 METER SALES 114,576 111,977 65,325 115,000 23,609 100,000 TOTAL OPERATING REVENUE 801,353 977,485 916,577 950,000 406,978 950,000 NON OPERATING REVENUES WATER AVAILABILITY CHARGES 273,859 263,313 150,329 200,000 52,740 200,000 WATER MAIN TRUNK FEES 237,865 59,906 14,614 100,000 46,257 100,000 WATER TREATMENT PLANT FEES 225,485 58,766 10,680 100,000 139,410 100,000 SPECIAL ASSESSMENTS 172,246 67,627 217,907 200,000 50,448 150,000 INTEREST 174,342 72,852 117,836 100,000 50,000 100,000 ADMINISTRATIVE FINES 375 12,500 5,460 350 ANTENNA LEASE 39,420 34,793 33,599 45,000 14,608 45,000 TOTAL NON OPERATING REVENUE 1,123,592 569,757 550,425 745,000 353,813 695,000 TOTAL ALL REVENUE 1,924,945 1,547,242 1,467,002 1,695,000 760,791 1,645,000 EXPENDITURES SALARIES 76,303 102,918 110,470 133,214 45,724 147,536 OVERTIME 1,102 4,044 5,240 2,500 2,602 2,499 BENEFITS 10,944 15,067 16,840 21,333 8,145 24,531 EQUIPMENT SUPPLIES 157,016 113,024 79,935 141,150 36,369 142,100 VEHICLE SUPPLIES 491 293 OTHER SUPPLIES 8,940 20,587 6,645 10,000 4,166 10,725 CHEMICALS 45,296 82,720 74,418 85,000 38,091 85,000 FUEL 4,072 3,637 2,246 4,435 756 5,545 UNIFORMS 260 2,135 . PROFESSIONAL SERVICES 67,184 77,933 92,846 93,231 35,294 92,359 DATA PROCESSING 10,520 5,258 10,720 LEGAL 12 1,000 2,300 2,415 2,375 COMMUNICATIONS 5,259 5,876 6,005 7,110 2,849 7,450 MUNICIPAL SERVICES 1,289 2,665 1,341 4,160 852 4,160 ELECTRIC 54,214 73,665 93,646 59,600 31,312 96,000 GAS 3,675 8,571 8,557 13,320 4,736 13,320 INSURANCE 12,905 16,430 13,430 14,780 7,390 15,520 POSTAGE 3,987 6,228 5,161 10,750 3,955 11,050 OUTSIDE PRINTING 8,375 8,848 1 0,462 13,300 3,895 15,300 LEGAL NOTICES 525 724 3,189 1,200 112 1,200 DUES & SUBSCRIPTIONS 2,963 2,991 5,881 5,200 4,977 6,000 SCHOOLS & CONFERENCES 292 605 521 1,560 825 1,660 ADVERTISING 3,500 804 3,500 EQUIPMENT MAINT 3,023 3,806 11,278 28,800 1,358 29,800 VEHICLE MAINT 2,123 1,989 1,000 1,267 2,800 BUILDING MAl NT 3,750 90 546 500 PROGRAMMING 3,000 275 3,900 TOTAL EXPENDITURES 471,126 552,462 551,941 670,963 244,266 737,685 OTHER FINANCING USES DEBT SERVICE 219,620 207,626 1 ,331 ,398 CONSTRUCTION 1,156,877 374,895 501 ,420 383,015 500,000 MISCELLANEOUS 119 353 58 TRANSFER FOR NEW FACILITY 14,683 33,327 32,839 32,330 16,165 32,330 TRANSFER FOR ADMINISTRATIVE FEES 38,500 45,000 50,000 54,250 27,125 56,000 TOTAL OTHER FINANCING USES 1,429,799 661 ,201 1,915,657 469,595 43,348 588,330 TOTAL EXPENDITURES & OTHER FINANCING USES 1,900,925 1,213,663 2,467,598 1,140,558 287,614 1,326,015 INCREASE (DECREASE) TO RETAINED EARNINGS 24,020 333,579 554,442 473,177 318,985 . . . . \ --\-t-VV\ Co c:., Minnesota Department of Natural Resources 500 Lafayette Road St. Paul, Minnesota 55155-4032 hUjr~~ ~i ./ \ ~ j ~ ~ i I!yi JULi82DD5 Ii! J I , , !, ~;: 1 f.:'! :;" L: U LJ.' )) i -lL/, -1 July 2005 Dear Water Appropriation Permittee: ANNUAL REPORT OF WATER USE FEE INCREASE The fees required with annual water use reports were changed by the Legislature in 2005. This notice is to let you know that the following changes in water use fees will affect the rate you pay on the 2005 water use report and future reports. Please do not send water use reports or processing fees until notified. SUMMER SURCHARGE A surcharge of $20 per million gallons will be applied to the volume of water used in each of th~ months of June, July, and August and that exceeds the volume of water used in January of each year. The summer surcharge applies to municipal water use, irrigation of golf courses and landscape irrigation. This is a surcharge in addition to the regular fee rate based on the yearly total volume used. All water use fees are deposited in the State General Fund. If you have any questions, please call 651/296-0435,651/296-0509 or 651/297-4600 or send a message to wateruse@dnr.state.mn.us. Web site for information on water use permits: www.dnr.state.mn.us/waterslwatermgmCsection/appropriations/permits.html Helping People Ensure the Future of Our Water Resources . CITY OF FARMINGTON REVENUES AND EXPENDITURES ANALYSIS WATER FUND 6/30/2005 50% OF THE YEAR COMPLETE 2005 2005 %OF BUDGET ACTUAL BUDGET OPERATING REVENUES USER FEES 810,000 378,189 46.69% WATER PERMITS 25,000 5,180 20.72% METER SALES 115,000 23,609 20.53% TOTAL OPERATING REVENUE 950,000 406,978 42.84% NON OPERATING REVENUES WATER AVAILABILITY CHARGES 200,000 52,740 26.37% WATER MAIN TRUNK FEES 100,000 46,257 46.26% WATER TREATMENT PLANT FEES 100,000 139,410 139.41% SPECIAL ASSESSMENTS 200,000 50,448 25.22% INTEREST 100,000 50,000 50.00% ADMINISTRATIVE FINES 350 ANTENNA LEASE 45,000 14,608 32.46% TOTAL NON OPERATING REVENUE 745,000 353,813 47.49% TOTAL ALL REVENUE 1,695,000 760,791 44.88% EXPENDITURES SALARIES 133,214 45,724 34.32% OVERTIME 2,500 2,602 104.08% BENEFITS 21,333 8,145 38.18% EQUIPMENT SUPPLIES 141,150 36,369 25.77% VEHICLE SUPPLIES 293 . OTHER SUPPLIES 10,000 4,166 41.66% CHEMICALS 85,000 38,091 44.81% FUEL 4,435 756 17.05% PROFESSIONAL SERVICES 93,231 35,294 37.86% DATA PROCESSING 10,520 5,258 49.98% LEGAL 2,300 2,415 105.00% COMMUNICATIONS 7,110 2,849 40.07% MUNICIPAL SERVICES 4,160 852 20.48% ELECTRIC 59,600 31,312 52.54% GAS 13,320 4,736 35.56% INSURANCE 14,780 7,390 50.00% POSTAGE 10,750 3,955 36.79% OUTSIDE PRINTING 13,300 3,895 29.29% LEGAL NOTICES 1,200 112 9.33% DUES & SUBSCRIPTIONS 5,200 4,977 95.71% SCHOOLS & CONFERENCES 1,560 825 52.88% ADVERTISING 3,500 804 22.97% EQUIPMENT MAINT 28,800 1,358 4.72% VEHICLE MAINT 1,000 1,267 126.70% BUILDING MAINT 546 PROGRAMMING 3,000 275 0.00% TOTAL EXPENDITURES 670,963 244,266 36.41% OTHER FINANCING USES CONSTRUCTION 383,015 0.00% MISCELLANEOUS 58 TRANSFER FOR NEW FACILITY 32,330 16,165 50.00% TRANSFER FOR ADMINISTRATIVE FEES 54,250 27,125 50.00% TOTAL OTHER FINANCING USES 469,595 43,348 TOTAL EXPENDITURES & OTHER . 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