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082508 CC Reg AgPCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, AUGUST 25, 2008 AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Cail B. Review Agenda 2. APPROVAL OF MINUTES Mayor Lizee Woodruff Turgeon Bailey Wellens A. City Council Work Session Minutes, August 11, 2008 (Att. -Minutes) B. City Council Regular Meeting Minutes, August 11, 2008 (Att.- Minutes) 3. CONSENT AGENDA -Motion to approve items on Consent Agenda & Adopt Resolutions Therein: NOTE: Give the public an opportunity to request an item be removed from the Consent Agenda. Comments can be taken or questions asked following removal from Consent Agenda. A. Approval of the Verified Claims List (Att.- Claims List) B. Approval of the 2008-2010 Municipal Recycling Grant Agreement Between the City of Shorewood and Hennepin County (Att. -Administrator's memorandum, Resolution) 4. MATTERS FROM THE FLOOR (No Council action will be taken.) 5. REPORTS AND PRESENTATIONS 6. PUBLIC HEARING 7. PARKS -Report by Representative A. Report on the Joint Park Commission/ City Council Meeting and Park Commission Meeting Held August 12, 2008 (Att.- Draft Minutes) 5735 COUNTRY CLUB ROAD SOUTHSHORE CENTER 7:00 P.M. CITY COUNCIL REGULAR MEETING AGENDA -AUGUST 25, 2008 PAGE 2 OF 2 8. PLANNING -Report by Representative A. Preliminary Plat-Petrov Rearrangement (Att. -Planning Director's memorandum) Applicant: Karen Petrov Location: 4845 and 4865 Suburban Drive B. Conditional Use Permit (Att. -Planning Director's memorandum) Applicant: City of Shorewood Location: 5795 Cotimtry Club Road 9. GENERAL/NEW BUSINESS A. RFP for General Legal Counsel (Att. -Administrator's memorandum, RFP) B. RFP for Professional Auditing Services (Att. -Finance Director's memorandum, RFP} C. Order for Removal or Repair of Hazardous Building - 21045 Ivy Lane (Att. -Draft Orders) 10. ENGINEERING/PUBLIC WORKS A. Authorize Expenditure of Funds for Paint Striping (Att. -Engineer's memorandum) B. Approval of Change Order No. 2 for Water Meter Project (Att. -Director of Public Works' memorandum, Resolution) C. Accept Professional Services Contract with WSB and Associates, Inc. for Lift Station No. 15 Design Work (Att. -Engineer's memorandum) D. Approve Plans, Specifications and Estimates for the SE Area Water Tower Rehabilitation Project (Att. -Director of Public Works' memorandum, Resolution) 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. City Hall construction update B. Mayor & City Council 12. ADJOURN S~.JREWOG 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331-8927 ®(952} 474-3236 FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us Executive Summary Shorewood City Council Regular Meeting Monday, 25 August 2008 A 6:00 P.M. Council Work Session is scheduled for this evening. Agenda Item #3A: Enclosed is the Verified Claims List for Council approval. Agenda Item #3B: The city has received the Municipal Recycling Grant Agreement from Hennepin County for 2008-2010. Upon execution of the Grant Agreement, the City will receive its recycling grant for the year 2008 in the amount not to exceed $23,202. Agenda Item #7A: Park Commissioner Hensley will report on the August 12 Park Commission meetings. Agenda Item #8A: Karen Petron proposes to rearrange the lot line between her two parcels of land, located on Orchard Lane, just off of Suburban Drive. The property had been split years ago, and was approved with a condition that any .future subdivision be done as a formal plat. In this case no new lots are being proposed. The lot line is simply being moved in order to facilitate Ms. Petron's conveyance of a building site to her son, John. The Petrons have worked with staff to design a lot that will ultimately work with future lots. The request also involves a vacation of Sunset Lane and a partial vacation of Orchard Lane, both of which will require separate public hearings before the City Council. The Planning Commission voted to recommend approval of a preliminary plat for the lot line rearrangement. Agenda Item #8B: The Planning Commission conducted a public hearing to consider using the house at 5795 Country Club Road as temporary city offices. One resident appeared at the hearing, expressing concerns about traffic and requesting assurance that the use would only be temporary. The Commission voted to recommend approval of a conditional use permit, allowing the house to be used as temporary offices. In addition to directional signage recommended by staff, the Commission suggests parking restrictions on Echo Road and Country Ciub Road. Agenda Item #9A: The RFP for General Legal Counsel Services is provided for Council's consideration. Agenda Item #9B: The RFP for Professional Auditing Services is provided for Council's consideration. .' ~®r® PRINTED ON RECYCLED PAPER Executive Summary -City Council Meeting of 25August, 2008 Page 2 of 2 Agenda Item #9C: Upon receipt of a neighborhood complaint, staff inspected the property at 21045 Ivy Lane and determined that it should be classified as a hazardous building. The building has been damaged by a fire two years ago. Draft orders for removal or repair and to secure the structure are included in the packet for Council consideration. Agenda Item #10A: Staff recommends approval of a motion that accepts the quotes and awards the contract to Traffic Marking Service in the amount of $7,667.83 for the 2008 Pavement Marking Project. Agenda Item #IOB: On May 29, 2007, the Shorewood City Council awarded the contract for replacement of a portion of the city's water meters and automated system to Northern Water Works. Staff recommends approval of resolution that approves Change Order 2 for the Radio Read Meter Project that increases the contract in the amount of $74,900.34. Agenda Item #lOC: Lift Station 15 needs to be reconstructed. WSB and Associates, Inc. provided a proposal for designing the reconstruction of Lift Station 15. Staff recommends approval of a motion that accepts the proposal. Agenda Item #lOD: Staff is recommending approval of a resolution that approves the plans and specifications and authorizes advertisement of bids for the SE Area Water Tower, City Project OS-04. The inspection report and an excerpt of the specific contract documents that have been completed by KLM Engineering, for the SE Area Water Tower located at 5500 Old Market Road. CITY OF SHOREWOOD CITY COUNCIL WORK SESSION MONDAY, AUGUST 11, 2008 MINUTES 1. CONVENE CITY COUNCIL WORK SESSION 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 6:00 P.M. Mayor Lizee called the meeting to order at 6:00 P.M. A. Roll Call Present. Mayor Lizee; Councilmembers Bailey (arrived at 6:05 P.M. ), Turgeon (arrived 6:01 P.M.), Wellens and Woodruff; Acting Administrator/Director of Public Works Brown; Finance Director Burton; Planning Director Nielsen; and Engineer Landini Absent: None B. Review Agenda Wellens moved, Woodruff seconded, approving the agenda as presented. Motion passed 3/0. Councilmember Turgeon arrived at 6:01 P.M: 2. GENERAL FUND DRAFT 2009 BUDGET Director Burton stated at its August 4, 2008, work session Council reviewed the first draft of the 2009 General Fund Budget. During that sleeting several changes were recommended. She reviewed the changes which were incorporated into the second draft ~f the budget. The changes to the revenues were as follows. - Building permit revenue was reduced to $180,000 (-$20,000). Tobaccoliccnsc revesue ~-vas reduced to $1,000 (-$500). %= A $40,000 transhcr into the General Fund from the Liquor Fund was added. General fund reserves provided from the General Fund Reserve Fund balance were increased to $160,000 (+$9,000). - Special Levy amounts were reduced by $18,050 to reflect the actual debt service for the City Hall project and SLMPD public safety building and Mound Fire. Councilmember Bailey arrived at 6:05 P.M. The changes to the expenditures were as follows. - Administration/Staffing - a merit increase allocation of $30,000 was added, - Computer replacements for four employees per schedule were added for an amount of $10,000; $7,500 in General Government and $2,500 in Finance. - Municipal Building/Capital Outlay -City Halt debt service was reduced to $10 t, t20 (-$9,780) per the debt service schedule. - Police -support services was increased to $970,500 (+$2.642), the amount in the original proposed SLMPD Operating Budget. #2A CIT4' ®F SPIOREW®®D ~3'®RK SESSi®I~T 1VIEETING t~IINITTES August 11, 2008 Page 2 of 3 - Police/Capital Outlay -debt service was reduced to $233,000 (-$7,000). - Fire Protection/Support Service -Mound fire service was reduced to $25,193 (-$3,307). - Animal Control -support services was reduced to $0 (-$25,000) because the cost for these services is included in Police operations. - Streets & Roads -transfers out was increased to $645,000 (+$85,000). - Ice & Snow -supplies & materials reduced to $45,340 (-$5,000) - Parks & Recreation -support services was reduced to $52,200 (-$21,300); Southshore Center funding ($12,500) and Friends funding ($8,800) were reduced to zero with the understanding funds could be added back. Burton noted the overall net impact on the 2009 base tax levy is an increase of $43,925 (1.08 percent). The following comments and clarifications were made. - The second indicator line for number of elections held in all election year will be eliminated. - There was lengthy ensuing discussion with regard to service indicators and what, if any, value they add to the budget; or would some other type of indicator reporting be of more value. Service indicators that are not meaningful should be removed. The 2007 service indicators in the budget document will be updated when the information is provided to the Finance Department. - The pending receivable from 1lennepin County for the County Road 19 intersection project will remain on the books... ~~ - Professional Services/Support Services Some of the 2008 year-to-date expenditures include $55,000 for the City flan renovation (which ~a~ill be transferred to the project fund), $6000 for the milfoil treatment of Phelps Bay and over $17,500 for the city administrator search. process. - The balance in the Street Fund at the end of 2008 is expected to be approximately $L2 million. The 2007 year-end balance was the same amount. - When the five-year Capital Improvement T'rogram is prepared each year the transfers in are the same amount as the transfers outidentified in the General Fund budget. - There is not sufficient money in the Street Fund to fund the road reconstruction that must be done over the nett 2C years. Some other funding source has to be identified. It costs approximately $1 m i Il ion to reconstruct one mile of a 24-foot-wide roadway. The transfer in amount of $645,000 for roadway maintenance should be sufficient to fund roadway sealcoating and overlays in 2009. The reconstruction of Harding Lane should be put on hold until the 20-year Capital Improvement Program for roadways is prepared. - From a technical standpoint, all of the City roadways should be sealcoated every five years to maintain the quality of the roadways. There are times when it is necessary to patch and scalcoat roadways that should have an overlay or be reconstructed because there aren't sufficient funds to do that. - One-fifth of the City's roadways will be sealcoated in 2009 for an estimated cost of $195,000; the estimate is based on 2008 bid amounts plus five percent inflation factor. - If the City adheres to a schedule of sealcoating one-fifth of its roadways each year, the Staff is comfortable with cun-ent overlay schedule of one mile per year. The 2009 estimated cost to overlay one mile of roadway (one-fiftieth of the City's roadways) is $156,000. - Engineers think a roadway has a twenty year life, assuming it is sealcoated and milled and overlaid at least once. Most of the roadways were constructed from 1970 - 1975 CITY ®F SH®REW®®D W®RI£ SESSI®N MEE'T'ING MINUTES August 11, 2008 Page 3 of 3 when the sewer system was installed. The City's pavement inventory provides a better indication of the roadways; it depicts how quickly the roads are deteriorating. - The transfer from the General Fund to the Local Street Fund will remain at $645,000. - Snow & Ice/Supplies will remain as budgeted at $45,340. The January -March 2008 expenditure for salt is approximately $27,200 after the estimate cost to restock the salt shed is factored into account. The January -March 2007 expense was approximately $24,800. If the City uses approximately the same amount of salt and sand in 2009 as it did in 2007 and if a 5 percent increase in supplies was factored into the 2008 cost, the 2009 estimated expenses for salt and sand would be $38,500. The 2009 budget amount is slightly more than $44,000; it includes costs for cutting edges for plows, deicing chemicals, etc. - The $40,000 transfer in from the Liquor Fund will be the approximate amount of the interest earned. - The City receives 30 percent of the DUI forfeiture Rinds for incidences occurring in the City; those funds basically offset the prosecutor fees. The following changes will be made to the next draft of the budget. - Staff will confirm the Parks & Recreation/Support. Services budgeted amount. There is a $500 reduction discrepancy. - Public Works/Supplies & Materials will be increased by $10,000. - Police/Support Services will be adjusted to reflect the 2009 SLMPD Operating Budget approved. If the City approves the SLMPD budget alternative which reflects a 6 percent increase over the 2008 adopted budget, the2009 bud~rct for police will be reduced by $31,550. The revised draft budget wil l be discussed at the August 25, 2008, City Council work session. 3. ADJOURN Wellens moved, Woodruff' seconded, Adjourning the City Council Work Session Meeting of August 11, 2008, at 6:58 Y.M. Motion passed 5/0. RESPECTFliLLY SUB1'fiTTED, Christine Freeman, Recorder Christine Lizee, Mayor ATTEST: Brian Heck, City Administrator/Clerk CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, AUGUST 11, 2008 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Lizee called the meeting to order at 7:02 P.M. A. Roll Call Present: Mayor Lizee; Councilmembers Bailey, Turgeon, Wellens and Woodruff; Attorney Keane; Acting Administrator/Director of Public Works Brown; Finance Director Burton; Planning Director Nielsen; and Engineer Landini Absent: None B. Review Agenda Woodruff moved, Turgeon seconded, approving the agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, July 28, 2008 Turgeon moved, Woodruff seconded, Approving the City Council Work Session Minutes of July 28, 2008, as presented. Motion passed 5/0. ~~ B. City Council Regular iblecting Minutes, July 28, 2008 Woodruff moved, Turgec-n .seconded, App-roving the City Council Regular Meeting Minutes of July 28, 2008, as presented. Motion passed 5/0. C. City Council Wo-°k Session Minutes, August 4, 2008 Turgeon moved, Woodruff seconded, Approving the City Council Work Session Minutes of August 4, 2008, as Amended in Item 3, Page 7, third bullet from the bottom change "Animal Control - expenses will be reduced to zero." to "Animal Control -expenses will be reduced to zero due to this cost already being in the police budget.". Motion passed 5/0. 3. CONSENT AGENDA Mayor Lizee reviewed the items on the Consent Agenda. Turgeon moved, Wellens seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. #Zs SHOREW®OD CITE' C®UNCIL REGULAR MEETING MINUTE5 August 11, 2008 Page 2 of 10 A. Approval of the Verified Claims List B. Approve Agency Review of the Final Draft Comprehensive Water Resource Management Plan C. Adopting the Water Supply Plan, formerly known as the Water Emergency and Conservation Plan D. Deer Management (This was moved to Item 9.F under Gencral,/New Business.) E. Authorizing Submittal of the Three Rivers Park District Regional Trail System 2008-2009 Winter Use Permit Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. REPORTS AND PRESENTATIONS None. 6. PUBLIC HEARING None. 7. PARKS A. Anth~rize F,~penditure of Funds for Badger Park Rink Light Wiring Engineer Landini stated the agenda packet contained the proposal from Electrical Installation & Maintetialicc Company to supply electrical wiring to future new light poles and to install new control components in the existing cabinets at Badger Park. He explained Staff had requested quotes from two firms that had done quality work for the City in the past; only one firm chose to quote the job. Landini explained the quote for the wiring and component installation is $6,500 and the cost for the lighting portion of the project (which was approved at the July 14, 2008, City Council meeting) is $38,492 bringing the total cost of the project to $44,992. The Park Capital Fund has an unencumbered balance of $247,508 to fund this portion of the project. Landini stated Staff recommends Council accept the proposal from Electrical Installation & Maintenance Company. Woodruff moved, Bailey seconded, accepting the proposal provided by Electrical Installation & Maintenance Company for the wiring of the new Badger Rink lighting for an amount not to exceed $6,500. SHOREWO®D CITY C®LINCIL I2EGIJLAI2 MEETING 1VIINUTES August 11, 2008 Page 3 of 10 Councilmember Bailey questioned if Staff was comfortable with having received only one quote, and if it thought the quote was reasonable. Engineer Landini stated based on work previously done the quote seemed reasonable. He clarified the proposal contained a separate quote for different activities at Badger Park, Cathcart Park and Manor Park. Councilmember Woodruff suggested Staff request quotes from more firms in the future. In response to a question from Mayor Lizee, Engineer Landini explained there is a 6 - 8 week lead time for the light poles, and they were ordered about two weeks ago. He esti~x~ated the project would be completed by mid to late September. Motion passed 5/0. 8. PLANNING Commissioner Hutchins reported on matters considered and actions taken at the Ailgust 5, 2008, Planning Commission meeting (as detailed in the minutes of that niccting). 9. GENERAL/NEW BUSINESS A. Accept Proposal for Owner's Representative for City Hall Building Project Acting Administrator Brown stated at its July 14, 2008, meeting the Council considered proposals from three firms for Owner's Representative services for the City IIall Renovation Project. During that meeting a question was raised regarding insurance coverage specified in the Request for Proposals (RFP) and in an official addendtu~i to .the IZFP. Staff was asked to research what the insurance needs were. There was also a request to ask the fu-ms who had not. already done so to submit a fixed bid cost. Brown explained Staff had discussions with the League of Minnesota Cities and Collaborative Design Group representatives, and there were discussions aiilong members of the staff regarding insurance requirements. Based on those discussions, the insurance requirements were reduced and each candidate firm was. asked to subii~it a deduction in fee for the proposals originally submitted based on the reduced insurance requirements. The three fines handled the insurance requirements differently. CPMI did not reduce its 552,550 fee, Yanik Companies reduced its $70,000 fee by $2,000 and Constructive Ideas reduced its $59,550 fee by $15;050. Brown then explained Constructive Ideas had proposed an alternative to pricing in its original proposal; it's based on a lump sum billing basis (i.e., fixed bid) for the project. That fixed bid was $47,500 plus additional insurance costs and expenses. Based on the reduced insurance, it reduced its fixed bid amount to a flat monthly billing fee of $4,868.75 per month with anot-to-exceed amount of $38,950. During discussions Staff raised concerns with the concept of a flat fee, regardless of the time spent on the project. Staff thought it was more appropriate to pay for the services used at a fair rate. Brown stated Staff is recommending entering into an agreement with Constructive Ideas, Inc., to provide Owner's Representative services for an amount not to exceed $44,500. Brown explained his Staff report about the original 1ZFPs received and original recommendation to use CPMI was based on a number of items. During the original RFP process William Wolters, President of Constructive Ideas, appeared to question everything in the RFP; the other firms had no where near the SH®RE`V®OI3 CITY C®UNCIL REGULAR MEETING MINUTES August 11, 2008 Page 4 of 10 same number of questions. The responses from the other two firms indicated they knew what to expect, and they provided a clear response to the RFP. Mr. Wolters' questioning was excessive and laborious. During the revision process, Staff had further discussions with Mr. Wolters and became more comfortable that it can work with Mr. Wolters style. Staff also conducted additional reference checks. Mayor Lizee questioned if Mr. Wolters was thorough or was he difficult to work with, to which Acting Administrator Brown responded both. Lizee stated her original concern with Constructive Ideas' proposal was it would provide an average of twelve hours of services per week on the project. She then stated it was important that the individuals who would work on the project would be able to effectively work with Staff, and not create undue stress on them. Councilmember Turgeon stated if Acting Administrator Brown is comfortable with Constructive Ideas personnel, she could support that recommendation. Turgeon moved, Woodruff seconded, authorizing the Mayor and Acting City Administrator to enter into an agreement with Constructive Ideas, Ine., t~~ provide Owners Representative services for an amount not to exceed $44,500. Councilmember Woodruff stated he called Mr. Wolters about the original„Constructive Ideas proposal to get clarification on the pricing in the proposal. He asked Acting Administrator Brown if Staff was comfortable with selecting Constructive Ideas to provide the services. IIe explained originally he was not comfortable with the firm or Mr. Wolters, but after numerous discussions 'with Mr. Wolters that has waned. Mayor Lizee asked Councilmember Woodruff if lie had any past or present relationship with Mr. Wolters or his company. Woodruff stated he had not met Mr. Wolters prior to talking to him regarding his pricing questions and he had only spoken with him one time prior to that. He stated he checked the references provided in the Constructive Ideas proposal; he did not ask for additional references. The references provided sterling recommendations. He had no interest in or relationship with Mr. Wolters or his firm. He commented the owner o I~ one of the (isms lives in the City, but that firm was not selected. Councilmember Wellens thanked Councilmember Woodruff for his efforts in getting a reduced bid. Motion passed 5/0. B. Approval of the Proposed 2009 Budget for the South Lake Minnetonka Police llepartment Acting Administrator Ba~own stated South Lake Minnetonka Police Chief Litsey provided another revision to the 2009 SL~'vIPD Operating Budget Proposal for consideration by Council. The first budget proposal was considered at the July 28, 2008, Council meeting. The majority of the Council was unwilling to approve the original budget proposal which reflected an increase of 9.5 percent over the 2008 adopted budget. At its August 4, 2008, work session Council discussed two new proposals, one reflecting a 6.7 percent increase and the other a 6.1 percent over the 2008 budget. The majority of the Council was unwilling to approve either alternative. At the August 4"' work session three of the Councilmembers indicated they would consider a budget with an increase no greater than 6 percent. The budget proposal being considered this evening reflects a 6 percent increase over the 2008 budget. SHOREWOOD CITY C®UNCIL. REGULAR MEE'T'ING MINUTES August 11, 2008 Page 5 of 10 Director Burton explained the draft of the City's 2009 General Fund Budget included in the work session meeting packet programmed funding for the City's portion of the SLMPD budget (which inchided funding for items identified in the SLMPD Strategic Action Plan for 2009) at approximately $970,000. The amount currently contemplated by the council for the police budget would reduce the Shorewood General Fund by $31,550. Woodruff moved, Bailey seconded, approving the South Lake Minnetonka Police Department's 2009 Operating Budget Proposal dated August 8, 2008, which reflects a six percent increase over the adopted 2008 SLMPD Operating Budget. Councilmember Turgeon stated she had received a call fi•om the Lakeshore Weekly News and two residents abotirt SLMPD patrol officer coverage. There appears to be some misunderstanding that there is never more than one patrol officer on duty; she clarified that was not the case. She thanked the mayor of one of the member cities for respecting the fact that the City has to wprk through its own processes when considering the budget, and all individuals need to respect the perspective of others. In response to a question from Councilmember Wellens. Councilmember Turgeon stated she had been provided with the SLMPD salary information she had requested. There was a request for Staff to distribute that information to all Councilmembers. Motion passed 5/0 with Bailey, Turgeon; Wellens and Woodruff ~-oting in favor, and with Lizee voting in favor with the following reservations: Lizee stated although it may be possible to continue current operations with an operating budget reflecting a six percent increase over the adopted 2008 budget, she did not think it was a responsible budget. The incremental difference between the budget just approved and the. original budget proposal would have resulted in an approximate additional monthly cost of 9.5 cents for each household in 2Q09; the original budget included the costs for hiring an additional patrol officer mid-year 2009 and for additional technology funding. C. Draft RFP for General Legal Counsel Acting Administrator Brown stated per Council's direction he prepared a draft Request for Proposals (RFP) forprofessional general le~~al counsel services; the draft RFP was included in the meeting packet. He stated any changes requested this evening will be incorporated into the RFP and the RFP in its final form~will beprovided to Council for consideration at its August 25, 2008, meeting. Councilmember Woodruff requested the following responsibility be added under Item VI, Legal Services Requirements: Legal .services associated with personnel matters and union contracts. He has no other changes to recommend. Councilmember Wellens questioned if it would be difficult to bid on Item VI.A -Attend City Council meetings and other City Commission or Committee meetings as requested by the City Council or City Administrator. He thought it was open ended. Acting Administrator Brown stated he would change the statement to say: Attend the regularly scheduled City Council meetings and meet as requested by the City Council or City Administrator. This wording is typical in RFPs. He explained these services are billed at an hourly rate. He stated Staff was conferring with the League of Minnesota Cities to determine if it was prudent to have legal counsel present at just one meeting. SHOREWOf3D CI'T'Y C®UNCIL REGITLAI~ METING MINUTES August 11, 2008 Page 6 of 10 Councilmember Bailey stated Item S.J.2 refers to an alternative fee arrangement. He questioned if Staff had any specific arrangement in mind. Acting Administrator Brown stated it was intended to have responders think creatively. Acting Administrator Brown stated at its August 25, 2008, meeting Council will be provided with feedback from the City's risk specialist with the League of Minnesota Cities Insurance Trust on meeting attendance. At that meeting the publication dates for the RFP can be determined. Mayor Lizee suggested before publication dates were determined, it was important to remember the new City Administrator will attend his first City Council regular meeting as a member of the City Staff on August 25"'. It's important to seek his perspective on sending out RFPs and possibly changing legal counsel and audit service providers when he is new to his position. Councilmember Turgeon stated the new City Administrator starts on Augast 18"' and he has been provided a copy of the draft RFP; therefore, he should be able to provide input at the August 25"' meeting. Councilmember Woodruff stated Council can decide whether or not it wants to contimie with the RFP process at its August 25t~' meeting. D. Draft RFP for Professional Auditing Services Director Burton stated per Council's direction she has prepared a draft Request for Proposals (RFP) for professional audit services; the draft RFP was included inthis evening's meeting packet. She stated any changes requested this evening ~~rill be incorporated into the RFP and the RFP in its final form will be provided to Council for consideration at its August 25, 2008, meetilig. She reviewed a few highlights of the draft RFP. - Request for quotes for athree-year contract, with an option to renew for an additional three:-yearperiod. :- Screeningof the proposals by athree-member Audit Selection Committee comprised of the City Administrator, the .City Finance Director/Treasurer, and one Councilmember. The Audit Selection Committee would make a recommendation to the Council. - .The RFP would be posted on the League of Minnesota Cities' website in addition to soliciting proposals from selected firms. Councilmember Turgcon questioned the purpose of the following statement in the RFP: "To ensure a fair review and selection process, firms submitting proposals are specifically requested not to make other contacts to the City staff or a council member regarding these proposals." Director Burton explained the City wants firms to submit information requests in writing. There have been times when a firm may try and use that opportunity as a sales contact. Any responses would be sent to all proposers. In response to another question regarding proposers having to submit five copies of their proposals, Burton explained staff will make additional copies for Councilmembers. In response to a question from Councilmember Wellens, Burton explained athree-year contract would likely result in a little better price for the City because there is a continuity of service. During the first year of providing services for a company auditors spend a great deal of extra time becoming familiar with the City and its financials. Wellens stated his concern was he did not want to commit future councils to SH®REW®OI) CITI' C®U1lrCIL 181JGiJLAig lYIEE'1'ING MINZJTES August 11, 2008 Page 7 of 10 what this Council decides. Burton stated the RFP requested each of the three years be bid separately. Couneilmember Woodruff stated this Council could not commit future Councils. The Council representative to the Audit Selection Committee will be selected at the August 25"' Council meeting. E. Appeal Sanitary Sewer Connection Appellant: Janet Sue Molin Location: 4405 Enchanted Point Engineer Landini stated at its June 9, 2008, meeting, Council heard fro~i~ Janet Sue Molin, who owns the property at 4405 Enchanted Point, regarding her appeal to the Notice to C'"onnect to Sanitary Sewer she had been sent (a provision of Shorewood's municipal code section 904). At that meeting Council decided to continue the appeal for 60 days. Landini explained in her appeal letter and during the discussion Ms. Molin referenced Section 904.06 Subd. 3.a of the City Code which addresses connecting to the public sewer instead of making repairs to the private system. He explained Minnesota Rule § 6120.3400 Subd. 3 slates: "that a~zy~re~nises used for humalz occupancy must be provided with an adequate n7.e~hod of sewage treat»aent." The first option listed in that Rule states publicly owned sewer systems must be used where available. The intention of the City Code and the Minnesota Rule is to protect the local private drinking wells and Lake Minnetonka. The property located at 4405 Enchanted Point is a IalCe lot that is adjacent to°private drinking wells, and it abuts publicly owned sanitary sewer. The service length to the sanitary sewer would be approximately 175 feet. 1VIs. Molin read a statement she had prepared and distributed toC'ouncil (a copy of the statement is on file). The highlights of the statement are as follows. She stated she had come before Council on June 9, 2008, and again on J~.me 2~, 200b, requesting an appeal. During those discussions she referenced Section 904,06 Subd. 3.a of the City Coda which, from her vantage point, permits continued use of private sewage disposal systems in existence prior to the construction of sanitary sewer. At its June 23, 2008, meeting Cau7ieil approved an ordinance amciiding Chapter 904 of the City Code; the amendment references Minnesota Rule 5 6120,3400 Subd.3. Engineer Landini's memo dated August 7, 2008, recommends denial of her appeal based on Minnesota Rule § 6120.3400 Subd.3. The Notice to Connect she received references City Code Section 904.05 as the basis for connection; it did not reference Section 904.06 Subd. 3.a of the Code. The City changed Section 904.06 Subd. 3. of the Code in response to her appeal. From her vantage point the City selectively, and incorrectly, incorporated reference to Minnesota Rule § 6120.3400 Subd. 3 into the Code. The Department of Natural Resources (DNR) intended Minnesota Rule Chapter 6120 as a guideline which cities may adopt for the control of proposed development in Shoreland districts. Minnesota Rules must be adopted by local government before they can be enforced by local government. Ms. Molin requested Council uphold her grandfathered right under the law to continue the use of the existing private sewage disposal system on her property located at 4405 Enchanted Point by granting her appeal and rescinding her Notice to Connect to Sanitary Sewer. Mayor Lizee asked Attorney Keane to comment on this item. Attorney Keane stated he understood Ms. Molin to suggest the City must adopt Minnesota Rules in order to enforce them. Ms. Molin stated it was her understanding Minnesota Rules were recommendations to SH®REWOOD CITE' C®1TNCIL, REGUI,AI2 MEETIletG MII9~UTES August 11, 2008 Page 8 of 10 cities and then cities incorporate the rules into their codes. Keane explained Minnesota Rules, in almost all instances, are a furtherance of State Statute. The State Statute directs an agency to do something, and the agency is obligated to create the details, Minnesota Rules, for carrying out the legislative enactment. Minnesota Rules are completely enforceable. The City incorporated Minnesota Rule § 6120.3400 into the City Code to clarify there was an overlapping State Law requirement; the provision serves as a benchmark for the City standard and it establishes the DNR requirement as its requirement. Councilmember Wellens asked Ms. Molin how she knew what the DNR's intention was. Ms. Molin explained her husband had done a significant amount of research about this topic in the last few days, and she reached her conclusion based on his research. In response to a comment from Councilmember Bailey, Attorney Keane concurred the City has no authority to grandfather an exception for shoreland property. Mr. Molin highlighted his findings from a cursory review of Minnesota Rules Chapter 6120. Minnesota Rules Chapter 6120 Section 6120.2500 - 6120.3900 Ph;R Shareland Management went .into effect July 3, 1989. Chapter 6120 requires local governments adopt, administer and enforce their own local shoreland management ordinances under the DNR's review and approval. The DNR intended Chapter 6120 to guide local governments in the adoption of local ordinances consistent with statewide shoreland use standards. The DNR did not intend Chapter 6120 to be used as afree-standing zoning code. Mr. Molin read the responsibilities portion of the scope of Chapter 61.20. °Section 6120.2800. These minimum standards and criteria apply to those shorclands of publicwaters of the state which are subject to local government land use controls. "1'hcy are intended to be incorporated into local government shoreland management controls. liach local ..government is responsible for administration and enforcement of its shoreland management controls adopted in compliance with these standards and criteria. Nothing in these standards and criteria shall be construed as prohibiting or discquraging a local government from adopting and enforcing controls that are more restrictive. The land use districts section ol~ Chapter 6120 Section 6120.3100 states "The development of shorelands o f public waters must be controlled by means of land use zoning districts ..." Mr. Molin stated froii~ his vantage point it is clear the DNR's intent was for the development of shoreland, not existing uses, which is whatthe Molins have. If someone was going to subdivide a property they would be required to hook up to public sanitary sewer. He did not think it was appropriate to try and enforce part of a Minnesota Rule on an existing situation. Attorney Keane stated he did not hear Mr. Molin say anything that is contradictory to what the City is doing. Mr. Molin stated the Cit_v had to adopt the ordinances under the DNR's review and approval. He noted the City has a shoreland ordinance which requires a property owner to hook up to public sanitary sewer system if available. He noted the use of the 4405 Enchanted Point property has not changed in 70 years. Attorney Keane stated the City has the prerogative to be more restrictive, but that is not the situation. Mr. Molin stated when the City sent the Notice to Connect to Ms. Molin the City did not have the current Minnesota Rule § 6120.3400 Subd. 3 restriction. Keane stated the Zoning Administrator drew a different conclusion. Mr. Molin stated the request for appeal was continued to provide the City time to review its Code, and during that time the City changed its code. SHOREWOOD CITY C®U1~TCII, I2EGITLAR iV1EETIlVG MINUTES August 11, 2008 Page 9 of 10 Councilmember Woodruff stated the recent amendment to that section of the City Code was to clarify its policy; the City did not change its policy. Attorney Keane concurred. Director Nielsen stated the City Code under Shoreland Regulations Sewage and Waste Disposal states "any premises used for human occupancy shall be provided with public sanitary sewer disposal". Mr. Molin stated that was in Section 1201.26S Subd. 6 which clearly calls out development regulations. Nielsen stated the subject property was an existing development. Mr. Molin stated they were not developing the property. He then stated the City could not use the argument of Minnesota Rule § 6120.3400 as part of the argument because the Notice to Connect did not refcz-ence it. Councilmember Woodruff stated if one assumed the Mo1in's agreement was correct with regard to the City Code in effect at the time of the Notice to Remove and with regard to the. sections of the Code cited, he questioned if it was it appropriate for the City to re-issue the Notice to Connect citing the correct sections in the Code. Attorney Keane stated the City adequately enforced the City Code in Tune 2008. He explained there were references in the Code that were not contradictory; hilt, depending on ones perspective then could have been interpreted in an ambiguous fashion. The terms did not conflict «~ith one another. He stated if there had been any ambiguity in the Code, the amendment to the Cade clarified that ambiguity, and the intent of the Council to require shoreland properties to hook up to public sanitary sewer disposal systems where available. The Council did not have to reissue the Notice to Connect to Sanitary Sewer to have effect. The Council has the authority to interpret appeahs of the City's Ordinances, and conclude proper application of the Ordinances. Woodruff moved, Bailey seconded denying the a~~peal for exception on Notice to Connect to Sanitary Sewer for Janet Sue 1\~Io1in who owns tt~e property at 4405 Enchanted Point. Councilmember Well~ns stated the Molins had made excellent arguments. Councilmember Bailey rc-emphasised the .City has no discretion to grandfather an exception for the Shoreland property. The Council relies on theCity Attorney to interpret State Statutes. He understands the State Statute to say it is irrelevant ~~~hat his view of the City Code is. Mr. Molin stated Council had taken away their grandfathered right by changing the code. Bailey clarified the amendment to the Code was to rcniove any potential ambiguity iii the Code. Motion passed 5/0. F. Deer Management This was removed from the consent agenda at Councilmember Woodruff's request. Councilmember Woodruff stated the reason he had this removed from the consent agenda was the end date specified in the Contract for Goods/Services was December 31, 2007, and it should be December 31, 2008. He wanted to ensure the Contract signed would have the correct date. Woodruff moved, Turgeon seconded, approving the agreement with Metro Bowhunters Resource Base (MBRB) for deer management services. Motion passed 5/0. SH®REW®®I3 CIT4' COiJ1~ICIL REGULAR MEETING 1dIINU'1'ES August 11, 2008 Page 10 of 10 10. ENGINEERING/PUBLIC WORKS None. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff Acting Administrator Brown stated the 2008 sealcoating effort had been c~nupleted, and the mill and overlay effort should be completed August 12t'' The bituminous materials haee been placed on Apple Road, and the cleanup and backfilling of shoulder areas will occur over the Text week. B. Mayor & City Council Councilmember Bailey questioned the status of the SF 1~'atet- Tower. Acting Administrator Brown explained the new controls for the Amesbury Well must be installed before work can begin on the SE Water Tower well. Staff was seeking quotes for tha~~ There had been a previous analysis of the SE Area Well which indicated it was adequate to supply the instantaneous demand on the system if it had to in emergency situations. He questioned the findings of that analysis. l Ie explained in July a data logger was placed in the Tower to further analyze the Tower's capacity. He stated at its August 25, 2008, meeting Council will be asked to approve advertisement for bids for work on the Tower. Acting Administrator Brown stated the SE Water Towerrcfurhishing project, including painting of the Tower, should be completed this year. 12. ADJOURN Bailey moved, Turg~on seconded, Adjourning the City Council Regular Meeting Session Meeting of August 11, 2008, at 8:04 P.NI. i~~Iotion passed 5/0. RESPECTFULLY SUBiVIITTED; Christine Freeman, Recorder Christine Lizee, Mayor ATTEST: Brian Heck, City Administrator/Clerk PAYABLES APPROVALS For 08/25/2008 Council Meeting ~b::e~~ ,a r Prepared by: ,~ Date: ~~ Michelle ~1'. Nguyen, Sr. Accounting Clerk ~ r Reviewed by: ~ ~~_.- Date: Bonnie Burton, Finance Director ~-,, p v._ ,~ Approved by: ~_= _ ~. u - Date: B„ia~i Heck, City Administrator f ~; ~~ PAYROLL APPROVALS For 08/25/2008 Council Meeting ~~._ Prepared by: ~ ~-~~~ Date: _ Michelle T. Nguyen, Sr. Accounting Clerk Reviewed by: f .~F .+ .~.. ~~_w~ ~~ -~C.vv, , Date: ~~/~~. ~~ Bonnie Burton, Finance Director ,~ ~,. :. Approved by: ~ .= =, Brim- eck,-pity Administrator Date: ~~. ~,~~~.~ -~:~~ .`~~ SHORLWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331-8927 ®(952) 474-3236 FAX (952} 474-0128 • www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us MEMORANDUM DATE: August 21, 2008 TO: Mayor and Council Members ~' FROM: Brian Heck, City Administ~~Eor ~~.u RE: Approval of a Resolution Authorizing the Mayor and City Administrator to Enter into the 2008 - 2010 Municipal Recycling Grant Agreement Between the City of Shorewood and Hennepin Countyi The City has received the Municipal Recycling Grant Agreement from Hennepin County for 2008 - 2010. Upon execution of the Grant Agreement, the City will receive its recycling grant for the year 2008 in the amount not to exceed $23,202. The attached Resolution authorizes the Mayor and City Administrator to sign the Municipal Recycling Grant Agreement for the years 2008 - 2010, Contract No. A081255 with Hennepin County. Recommended Council Action Approval of a Resolution Authorizing the Mayor and City Administration to Enter into the 2008 - 2010 Municipal Recycling Grant Agreement with Hennepin County. ®' ~®~® PRINTED ON RECYCLED PAPER CITY OF SHOREWOOD RESOLUTION NO.08- A RESOLUTION AUTHORIZING SIGNING OF THE 2008-2010 MUNICIPAL RECYCLING GRANT AGREEMENT BETWEEN THE CITY OF SHOREWOOD AND HENNEPIN COUNTY WHEREAS, the City and County shall enter into a contract for Municipal Recycling for the period January 1, 2008 to December 31, 2010, for which the County shall pay the City an annual amount as set forth in section 3 of the Grant Agreement; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota: That the Mayor and City Administrator are authorized to sign the Municipal Recycling Grant Agreement for period January 1, 2008 -December 31, 2010, Contract No. A081255 with Hennepin County. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 25th day of August, 2008. ATTEST: Christine G. Lizee, Mayor Brian Heck, City Administrator/Clerk Contract No: A081255 RESIDENTIAL RECYCLING GRANT AGREEMENT This Ab Bement is between the COUNTY OF H oNN Mi~~esota 55 87, on behalfOof the (the "CO__ UNTZ'-") A-2300 Government Center, Mlnneap , Herne in County Department of Environmental ServicTY4OF 5HOREWOOD,t575 Co retry p "DEPARTMENT") and the CI Minnesota 55401-1397 Club Road, Shorewood, Minnesota 55331-8827 ("CITY"). WITNESSETH: WHEREAS, the County Board, by Resolution No. 07-539, adopted on November 27, 2007, approved the Hennepin County Residential Ruth lrized u ant funding for munpc paid January 1, 2008, through December 31, 2010, and a ~' recycling programs consistent with said policy; and AS the CITY operates a municipal curbside residential recyccTnbged in~the r grant WHERE , other waste reduction and recycling activities (the Recycling Program) as des application referred to in Section 2 below; and WHEREAS, said Recycling Program is consistent with Minnesota Statutes, Chapter 115A; the Office of Environmental Assistance Solid W enreie n County's Residential Recyclpng County's Solid Waste Management Master Plan; and H p Funding Policy. NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the COUNTY, on behalf of the DEPARTMENT, and the CITY agree as follows: 2 TERM AND COST OF THE AGREEMENT a. This Agreement shall commence upon execution and terminate on December 31, 2010. b, The initial grant payment for the year 2008 shall ante a aments fort subsequent thousand two hundred two dollars ($23,202). Gr p y years shall be calculated as set forth in Section 3. SERVICES TO BE PROVIDED a. The CITY will operate its Recycling ProgrY and ke t onlfiledw th the COUNTY t Application that was submitted by the CI p The CITY agrees to submit an updated Grant Application each year of the term of this Agreement in order to be eligible for future grant funds. The teens of the Grant Application, as updated each year, are incorporated herein by reference. b. In addition to the services referred to above, the CITY agrees as follows: 1. On an annual basis, the CITY must demonstrate that the average pounds of recyclables collected from households participating in their curbside residential recycling program must equal or surpass the 2007 base year figure. The base year figure is determined by dividing total pounds of recyclables collected in 2007 by the total number of households participating in the curbside recycling program in 2007. Failure to achieve this annual goal will result in the requirement that a plan be submitted for COUNTY approval that specifies the efforts the CITY will undertake to increase the recycling percentage within 90 days of the submittal of the municipal year-end report. The CITY may also be required to participate in COUNTY sponsored waste and recycling sorts to identify recovery levels of various recyclables in their conununity and to participate in efforts to increase recovery of target select recyclable materials being discarded in significant quantities. If the average pounds per household in any given year decreases from. the base year by more than ten percent (10%), the COUNTY reserves the right to withhold the CITY's grant funds until the COUNTY is satisfied that reasonable efforts have been made to maintain the base year pounds per household. 2. At a minimum, the CITY shall collect the following materials at curbside: a. Newspaper and inserts; b. Cardboard boxes; c. Glass food and beverage containers; d. Metal food and beverage containers; e. All plastic bottles, except bottles that previously contained hazardous materials or motor oil; f. Magazines and catalogs; g. Cereal, cracker, pasta, cake mix, shoe ,gift, and electronics boxes; h. Boxes from toothpaste, medications, and other toiletries; and i. Mail, office, and school papers. The CITY must estimate its participation rate in the curbside recycling program during the month of October of each year. Methodology for measuring participation must be approved by the COUNTY. 4. The CITY shall submit, on forms provided by the COUNTY, a Final 2008 Report by February 15, 2009; a Fina12009 Report by February 15, 2010; and a Fina12010 Report by February 15, 2011. The CITY shall submit an updated Grant Application by February 15 of each year. All grant funds accepted by the CITY from the COUNTY pursuant to this Agreement shall be used to operate its Recycling Program, including capital and operating expenses related thereto, in the year granted. The CITY shall not retain any grant funds in excess of actual Recycling Program expenses. 6. The CITY may not charge its residents through property tax, utility fees, or any other method for that portion of the costs of its Recycling Program that is funded by COUNTY grant funds. 7. The CITY shall establish a separate accounting mechanism, such as a project number, activity number, cost center, or fund that will separate recycling and waste reduction revenues and expenditures from all other municipal activities, including solid waste and yard waste activities. Recycling and waste reduction activities, revenues, and expenditures are subject to audit by the COUNTY. 9. If the CITY does not contract for curbside services, the CITY will receive grant funds provided that at least ninety percent (90%) of the grant funds are credited back to residents and the CITY meets all minimum program requirements. The additional ten percent (10%) of grant funds maybe used for CITY administrative and promotional expenses. METHOD OF PAYMENT The COUNTY will distribute grant funds annually only to the extent the COUNTY has received SCORE funds from the State of Minnesota. SCORE funds are based on revenue received by the State of Minnesota from a sales tax on garbage collection and disposal fees and are subject to change based on revenue received and allocated by the State. The CITY will receive grant funds per the formula below: # of Households Serviced Curbside by CITY Total SCORE Revenue Grant Funds Total # of Households Serviced Curbside in COUNTY X Received by COUNTY from State of Minnesota = Distributed to CITY b. Under no circumstances will the COUNTY's distribution of grant funds exceed the CITY's proportion of SCORE fund revenues received by the COUNTY. c. The initial grant fund payment will be forwarded after the County Board receives and approves this Agreement signed by an authorized official of the CITY. Provided the CITY is otherwise in compliance with the terms of this Agreement, future grant fund payments will be made after submittal by the CITY and approval by the COUNTY of the updated Grant Application and Final Report as described in Section 2 and receipt by the COUNTY of SCORE funds from the State of Minnesota. 4. INDEPENDENT CONTRACTOR CITY shall select the means, method, and manner of performing the services. Nothing is intended or should be construed as creating or establishing the relationship of co-partners between the parties or as constituting CITY as the agent, representative, or employee of the COUNTY for any purpose. CITY is and shall remain an independent contractor for all services performed under this Agreement. CITY shall secure at its own expense all personnel required in performing services under this Agreement. Any personnel of CITY or other persons while engaged in the performance of any work or services required by CITY will have no contractual relationship with the COUNTY and will not be considered employees of the COUNTY. The COUNTY shall not be responsible for any claims that arise out of employment or alleged employment under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of any personnel, including, without limitation, claims of discrimination against CITY, its officers, agents, contractors, or employees. CITY shall defend, indemnify, and hold harmless the COUNTY, its officials, officers, agents, volunteers, and employees from all such claims irrespective of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind from the COUNTY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Commpensation, Re-employment Commpensation, disability, severance pay, and retirement benefits. 5. INDEMNIFICATION AND INSURANCE A. CITY agrees to defend, indemnify, and hold harmless the COUNTY, its officials, officers, agents, volunteers and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of CITY, a subcontractor, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the performance of the services required by this Agreement, and against all loss by reason of the failure of CITY to perform any obligation under this Agreement. B. In order to protect CITY and those listed above under the indemnification provision, CITY agrees at all times during the term of this Agreement, and 4 beyond such term when so required, to have and keep in force the following insurance, either under aself-insurance program or insurance policies as follows: Limits Commercial General Liability on an occurrence basis with contractual liability coverage: General Aggregate $2,000,000 Products-Completed Operations Aggregate 2,000,000 Personal and Advertising Injury 1,000,000 Each Occurrence-Combined Bodily Injury and Property Damage 1,000,000 2. Workers' Compensation and Employer's Liability: Workers' Compensation Statutory If CITY is based outside the State of Minnesota, coverage must apply to Minnesota law. In accordance with Minnesota law, if CITY is a sole proprietor, it is exempted from the above Workers' Compensation requirements. In the event that CITY should hire employees or subcontract this work, CITY shall obtain the required insurance. Employer's Liability. Bodily injury by: Accident-Each Accident 500,000 Disease-Policy Limit 500,000 Disease-Each Employee 500,000 C. An umbrella or excess policy over primary liability insurance coverages is an acceptable method to provide the required insurance limits. The above establishes minimum insurance requirements. Upon written request, CITY shall promptly submit copies of insurance policies to the COUNTY. 6. DATA PRACTICES CITY, its officers, agents, owners, partners, employees, volunteers and subcontractors shall abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (MGDPA), the Health Insurance Portability and Accountability Act and implementing regulations, if applicable, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality. CITY agrees to defend, indemnify and hold harmless the COUNTY, its officials, officers, agents, employees, and volunteers from any claims resulting from CITY's officers', agents', owners', partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure and/or use of such protected data, or other noncompliance with the requirements of this section. CITY agrees to promptly notify the COUNTY if it becomes aware of any potential claims, or facts giving rise to such claims, under the MGDPA. The teens of this section shall survive the cancellation or termination of this Agreement. 7. RECORDS -AVAILABILITY/ACCESS Subject to the requirements of Minnesota Statutes Section 16C.05, Subd. 5, CITY agrees that the COUNTY, the State Auditor, the Legislative Auditor or any of their authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of CITY and involve transactions relating to this Agreement. CITY shall maintain these materials and allow access during the period of this Agreement and for six (6) years after its termination or cancellation. 8. SUCCESSORS SUBCONTRACTING AND ASSIGNMENTS A. CITY binds itself, its partners, successors, assigns and legal representatives to the COUNTY for all covenants, agreements and obligations contained in the contract documents. B. CITY shall not assign, transfer or pledge this Agreement and/or the services to be performed, whether in whole or in part, nor assign any monies due or to become due to it without the prior written consent of the COUNTY. A consent to assign shall be subject to such conditions and provisions as the COUNTY may deem necessary, accomplished by execution of a form prepared by the COUNTY and signed by CITY, the assignee and the COUNTY. Permission to assign, however, shall under no circumstances relieve CITY of its liabilities and obligations under the Agreement. C. CITY shall not subcontract this Agreement and/or the services to be performed, whether in whole or in part, without the prior written consent of the COUNTY. Permission to subcontract, however, shall under no circumstances relieve CITY of its liabilities and obligations under the Agreement. Further, CITY shall be fully responsible for the acts, omissions, and failure of its subcontractors in the performance of the specified contractual services, and of person(s) directly or indirectly employed by subcontractors. Contracts between CITY and each subcontractor shall require that the subcontractor's services be performed in accordance with the terms and conditions specified. 9. MERGER AND MODIFICATION A. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and 6 negotiations between the parties relating to the subject matter. All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items, the teens of this Agreement shall prevail. B. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties. 10. DEFAULT AND CANCELLATION A. If CITY fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, it shall be in default. Unless CITY's default is excused by the COUNTY, the COUNTY may upon written notice immediately cancel this Agreement in its entirety. Additionally, failure to comply with the terms of this Agreement shall be just cause for the COUNTY to delay payment until CITY's compliance. In the event of a decision to withhold payment, the COUNTY shall furnish prior written notice to CITY. B. Upon early termination or cancellation of this Agreement, the CITY shall itemize any and all grant funds expenditures up to the date of termination or cancellation and return such grant funds not yet expended. C. Notwithstanding any provision of this Agreement to the contrary, CITY shall remain liable to the COUNTY for damages sustained by the COUNTY by virtue of any breach of this Agreement by CITY. Upon notice to CITY of the claimed breach and the amount of the claimed damage, the COUNTY may withhold any payments to CITY for the purpose of set-off until such time as the exact amount of damages due the COUNTY from CITY is determined. Following notice from the COUNTY of the claimed breach and damage, CITY and the COUNTY shall attempt to resolve the dispute in good faith. D. The above remedies shall be in addition to any other right or remedy available to the COUNTY under this Agreement, law, statute, rule, and/or equity. E. The COUNTY's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. F. This Agreement maybe canceled with or without cause by either party upon thirty (30) day written notice. 7 G. In the event the COUNTY does not receive any SCORE funds, this Agreement will be terminated upon written notice by the COUNTY. H. Provisions that by their nature are intended to survive the term, cancellation or termination of this Agreement include but are not limited to: INDEPENDENT CONTRACTOR; INDEMNIFICATION AND INSURANCE; DATA PRACTICES; RECORDS-AVAILABILITY/ACCESS; DEFAULT AND CANCELLATION; PROMOTIONAL LITERATURE; and MINNESOTA LAW GOVERNS. 11. CONTRACT ADMINISTRATION In order to coordinate the. services of the CITY with the activities of the Department of Environmental Services so as to accomplish the purposes of this contract, Dave McNary, Solid Waste Division Manager, or his or her successor, shall manage this contract on behalf of the COUNTY and serve as liaison between the COUNTY and the CITY. 12. COMPLIANCE CITY shall comply with all applicable federal, state and local statutes, regulations, rules and ordinances currently in force or later enacted. 13. PAPER RECYCLING The COUNTY encourages CITY to develop and implement an office paper and newsprint recycling program. 14. NOTICES Any notice or demand which must be given or made by a party under this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to the COUNTY shall be sent to the County Administrator with a copy to the originating Department at the address given in the opening paragraph of the Agreement. Notice to CITY shall be sent to the address stated in the opening paragraph of the Agreement or to the address stated in CITY's Form W-9 provided to the COUNTY. 15. PROMOTIONAL LITERATURE CITY agrees that the terms "Hennepin County" or any derivative shall not be utilized in any promotional literature, advertisements of any type or form or client lists without the express prior written consent of the COUNTY. 16. MINNESOTA LAWS GOVERN The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, State of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK COUNTY IIOAItD AIJTHORIZATIOil~ Reviewed by the County Attorney's COUNTY OF HENNEPIN Office STATE OF MINNESOTA Assistant County Attorney Date: * CITY shall submit upon request by COUNTY documentation (articles, bylaws, resolutions, or ordinances) that confirms the signatory's delegation of authority. B y: Chair of Its County Board ATTEST: Deputy/Clerk of County Board By: Richard P. Johnson, County Administrator Date: By: Assistant County Administrator, Public Works Date: Recommended for Approval By: Director, Department of Environmental Services Date: CITY OF SHOREWOOD* Signature: Name: (Printed Name) Title: (Printed Title) Date: 10 CITY OF SHOREWOOD 5735 COUNTRY CLUB ROAD JOINT PARK COMMISSION AND SOUTHSHORE COMMUNITY CENTER CITY COUNCIL MEETING 6:15 PM TUESDAY, AUGUST 12, 2008 MINUTES 1. CONVENE JOINT PARK COMMISSION AND CITY COUNCIL MEETING A. Roll Call Present City Council: Mayor Lizee; Council members Woodruff,Turgeon, and Bailey; Acting City Administrator Brown; and City Engineer Lan~dini Absent: Council member Wellens. Present Parlc Commission: Chair Davis; Commissioners Young, Hensley, Norman, DeMers, and Trent Absent: Commissioner Quinlan $. Review Agenda 2. STATE OF THE PARKS Park Chair Davis presented a State of the Parks Po«~erPoint presentation for the City Council and Commission's review with a brief recap of eac}~ park. Manor Parr: 1t Not filamentous Algae in ttie pond at Playground equiptziellt in eYCellent shape !t All tennis courts need to be rehabbed in ail parks 9t Reshii~gli~gofthe roofneeded X Bathroom and shelter expansion for warming house needed X Updated and uniform signage for all parks necessary Chair Davis ci~inmented that a neighboring resident to the rear of the park requested that the City plant some screening along the back property line. Davis stated that the resident is in new construction and built near the park knowing where and what they would be looking at; with this in mind, she would encourage the resident to donate plantings to the City Park, similar to what other residents have done, if they chose. Bailey concurred, stating that it is not the City's responsibility to provide them with screening from the park. Chair Davis asked CRR Representative Kristi Anderson to share how the park is currently used. Though heavily used for a neighborhood park, Anderson stated that the fields are utilized by Minnetonka Girls Softball (MGSA), Sottth Tonka Little League (STLL), and Lacrosse cooperatively during the summer months. She pointed out that, it would be the cities intent, to move Lacrosse to Badger Park next year. _..~-~ s , -~"~ ~~ JO~I~N[~Ty'~PAg~RKgC(~gMMIrySS~gIE~({~pd AND CI"I'~' CC)IJNCII, MINIJ'I'ES TV^^E.71J.'9A(`%~p,; AC lJV 01ST IL, .L®VO d AV~ L V'1' U Turgeon asked whether the Commission has a price tag for the Manor Park shelter expansion. Hensley stated that they had not gotten past the design phase and were unsure whether the Commission should hire a designer or have staff put together a plan. Chair Davis reiterated the need to design uniform signage throughout the City. Turgeon stated that there was discussion to make all signs consistent in design way back when the County Road interchange was completed as a part of the gateway to Shorewood look. She asked staff to find out where this is at. Norman mentioned that, by adding the improvements to Manor Park including restrooms, more programming offered to this side of Shorewood will be able to be added to the MCE schedule. Lizee stated that the upgrades make sense. Silveravood: ~ Sign and garden both in poor condition x How can the drainage and pea gravel be improved near the slide aS Need for a shelter here and at all Parks x Would a designer be helpful to redesig?1 this park Bailey asked what the price for a shelter is. Chair Davis was uncertain but ezpected roughly $0,000 for a slab and cover. With regard to the pea gravel and maintenance, she questioned under what expenditure category these would qualify, as they were not necessarily capital improvements. Bailey stated that, although he would lil:eto fnd a way to build shelters and budget for that long term, on the other hatad, Ile questioned why the maintenance piece is not getting done as it appeared in the photos. Brown pointed out that a storm'. had recently rolled thru town prior to the park tours and the parks were not in pet~fect shape. He maintained that the public works department does replace gravel and maintain the parks, noting that the erosion near the slide is a drainage issue which must be addressed. Chair Davis st.tggested they consider some form of walk able pavers or groundcover to hold the hillside in tact. Bailey pointed out that the tennis practice board is way too short. Southshore Skate Park; x Highly used park, kids are always there using the amenities X Some pieces are i-1 a rotation to be replaced x Installation of signage stating the park is under surveillance ~Jp'+O~Iy,NT PARKyC®IVIMISSION AND CITY COUNCIL 1VIINUTES 1 UL' SI]AY, ALI iBUJT ILy L0~0 PAGE 3 Ok' 6 Brown noted that landscaping of the berm or island was never completed in order to keep the park safer and visible. Lizee suggested planting some of the low lying prairie plantings as another experimental site. Minnewashta Do:i Pai•k: Chair Davis included some photos of the dog park in order to show what it was the City invested in. Bader Park: x Not much of a park feel SS Need for new park as well as tennis court signage st Courts in need of rehab, highly used x Update the warming house Lizee commented what a nice neighborhood park this is, however, shared other comments that there is no where to sit and watch kids play on the tot lot. She believed ashelter-would be a nice addition to Badger. Chair Davis stated that she felt the garage near the senior center is ail eyesore in the park. Cathcart Park; x Follow-up to meeting with Chanhassen 1'~trk Commission; also concurred that shelters in all parks is a must x Lights will need to be repaired or replaced x The addition of a permanent sheltet• or warming house Chair Davis acknowledged that the City of Chanhassen would need to be approached to help share the cost of redevelopment. Bailey stated thafhe would iiofsuppoi-t any improvements until a new more equitable agreement with Chanhassen has been hammered out. Turgeon agreed that no more development should take place at Cathcart until we renew our partnership agreement with them. She noted that the new 50-60 home development in Chanhassen hear the park is having an impact. Bailey encouraged the Commission to be proactive with Chanhassen and approach them with a real design plan. Freeman Park: X Plaza is one of the best additions to the park done there x There is a mess left at the ball fields near fields 1-3, debris behind buildings and sheds not being utilized x Drainage area or walkway between Freeman and Shorewood Oaks is in need of repair x Trails are a wonderful addition although the trails within the woods are in poor condition, down trees and debris clutter the walkway, drainage pond is in bad shape JGINT PARK COMMISSIGN AND CITY +C®UNGIL MINUTES TUESDAY, AUGUST 12, 2008 PAGE 4 OIa 6 Brown stated that the pubic works department is in the process of recouping the gravel to fill and stabilize the walkway area. Bailey asked if the Commission anticipated any big expenditures at Freeman. Chair Davis stated that they did not anticipate any big expenses, other than perhaps improving the trail area within the woods by carving out some more natural pond areas like some of the nicer examples shown on the slides, as opposed to the drainage swamp pond that exists currently. Hensley asked if staff or Council had any design firms they would recommend the Commission contact to begin the planning phase. Lizee suggested they consider bidding out designs and tap into an environmental fund. Chair Davis reiterated the need for standard shelters being built throughout the community and suggested they ask a consultant to look at their ideas to create a standardized look for shelters and signage. She also suggested the City consider entering into trail talks again, maintaining that it is a different time and place than it was years past. She stressed the need fai~ safe passage for kids and people using the roadways. Lizee pointed out that Shorewood does not own the right of ways on many parcels. She hoped the greater community might be engaged to build support to make it happen, but cautioned it would take time. Discussion: Woodruff pointed out that the Council held a budget meeting the previous evening and stated that he'd hoped the Commission would present the Council with a prioritized list of items and cost breakouts for them to look at al~d consider tonight. He noted that all of the items and projects hinted at this evening were brought up last year too and had not yet been even embarked on in some form. He stated that the Council needs a plan from the Commission to act on, if it is new shelters, tlserithe Council needs arecom,mendation from the Commission which can be voted on. Chair Davis stated that she has found it extremely difftcult to get prices and plans from staff to act on. Lizee stated that it sounded asif the Commission had priorities it would like to accomplish, including building a relationship with Chanhassen. She encouraged the Commission to make some recommendations to the Council with regard to what they'd like to aceornplish at Badger and Manor Parks. Woodruff stated that maybe the Commission needs funding to add more maintenance dollars to the budget, but if so, the Commission must make a recommendation and plead its case. Chair Davis stated that the Commission has been hesitant to spend any money because it is all of the money the Commission has left for life. Woodruff stated that until the Council has plans or recommendations to look at to know what the priorities are nothing can get done. He stated that, to him, roads and parks are high priorities. JOINT' PARK COIi'IMISSION ANI3 CITY C®UNCII, MINUTES TUESI}AY, AUGUST 12, 2008 PAGE 5 OF 6 Bailey stated that he would be open to increasing the annual investment of $15,000 to parks if there is a need and the infrastructure demands it. Hensley asked if the cost of a consultant is covered. Lizee stated that the City is willing to work with professional services if there is a need that is not being met in house. Brown stated that there is only a limited amount of staff time available to spend on each priority, especially when the priorities continue to change. He noted that, while tennis courts have taken a great deal of time, other items have gotten in the way of getting RFP's out or meeting numerous directives. Woodruff stated that if the only way to break the log jam that has been created is to hire someone to write the RFP's, then the City can do so. Hensley stated that he would like to have an RFP written to include the design of structures in certain parks, and if the Commission recommends the need, and t11e City Council budgets it, then each item should go out to RFP Trent stated that the Commission has ah~eady identified a lot of things it wants to get done, but it does not have a plan or have them listed by priority. Woodruff stated that the Council needs to see the wish List with prices tag assigned to each priority. Brown stated that some of this ~~~ork is done and that the estimates on the wish fist thus far are good numbers, noting that they cannot get actual price,,quotes for everything. Brown stated that he understood the Commission's angst, there is only $280,000 available and that is it, the Commission iscdiieerncd that'when this isgoz~e That will be the end of the road. He noted however, that what he ~~~as hearing from the Council was that additional funding will be available as needed. Trent asked what the deadline was to get the funding into the budget cycle. Lizee stated that t11e deadline is September 15, as this is the date a tentative budget must be completed in draft forin. Woodruff asked whether the Commission would like to have the Council put some budget holders in place for some of the things they'd like to accomplish. He noted that there would be a budget meeting on August 25`x', and a Council meeting on September 8`~' at which they would be adopting there draft budget. Bailey stated that it sounded to him as if the Commission was experiencing analysis paralysis. He pointed out that the Commission must be willing to spend what it has before concerning itself with the what if's when the budget is gone. JOINT PARK COMMISSION ANI9 CITY COUNCIL MINUTES TUESDAY, AUGUST 12, 2008 PAGE 6 OF 6 Chair Davis stated that the impression she has gotten over time has been not to spend the Commission budget. Woodruff encouraged the Commission to lay out its priorities and price tags accordingly, with a portion of dollars for unexpected incidentals set aside. 11. ADJOITRN The City Council and Parlc Commission Joint Meeting adjourned to the Regular Park Commission Meeting at 7:32p.m. I2ESPECTEI7I,LY SUBIYIITTED, Kristi B. Anderson Recorder CITY OF SHOREWOOD 5735 COUNTRY CLUB ROAD PARK COMMISSION MEETING SOUTIISHORE COMMUNITY CENTER TUESDAY, AUGUST 12, 2008 7:00 PM MINUTES The City Council and Park Commission Joint Meeting adjoui-~Ied to the Regular Park Commission Meeting. Chair Davis called the meeting to order at 7:32p.m. 1. CONVENE PARK COMMISSION MEETING A. Roll Call Present: Chair Davis; Commissioners Young, Trent, DeiVlers, Norman, and Hensley; Acting City Administrator Brown; City Engineer Landini; City Council liaison Bailey Absent: Commissioner Quinlan B. Review Agenda Young moved, Davis seconded, approving the Agenda as submitted. Motion passed 6/0. 2. APPROVAL OF MINUTES A. Park Commission Meeting Minutes of July ~, 2008 Norman moved, Ilensley seconded, approving the Minutes of July 8, 2008, as submitted. Motion passed 6/0. 3. REPORTS A. Report on City Council Meeting of July 28, 2008 and August 11, 2008 Bailey stated that, as discussed earlier, the Council held a budget work session. Brown reported that the City. Council ,had directed staff to create a 0% levy increase; at minimum staff found a ;3 I% levy increase was necessary, Bailey explained that 0% was the base, realizing that 0 would mean a loss of a considerable amount of road money, plus park needs and other public works necessities, warranted a higher percentage. He questioned whether the $15,000 currently budgeted parks is adequate. B. Update on Summer Activities at Freeman Based on the feedback forms, Norman pointed out that neighbors and kids loved the park offerings this year. C. Rain Barrels for Parks Adopt-A-Gardens Landini reported that, thanks to a grant from MCWD, rain barrels will be available for the adopt- a-garden partners. PA~~R~~~~~cyy~~CO~)tvl~~ssz®ry~~vy ryn~~ry~v~(~pT~s TVL`JllA I, AU~U~( dL, LVVO PAGF 2 OF 4 4. MATTERS FROM THE FLOOR There were none. AUTHORIZE EXPEDITURE OF FUNDS TO SUPPLY ELECTRICAL TO THE RINK LIGHTS AT BADGER PARK Landini explained that the City Council approved this item at the previous evening Council meeting; therefore, no action was necessary. 6. AUTHORIZE EXPEDITURE OF FUNDS TO STRAIGI~TEN CONCRETE BASE OF RINK LIGHT AT MANOR PARK Brown stated that, the Commission could give authorizatioirbased on the findings once staff has someone check the electrical conduit when excavating around the light. Hens9ey moved, Young seconded, authorizing the expenditure of funds of up ~~ `~I200 to excavate and straighten the light pole. Motion passed 6/0. 7, REVIEW PARKS CAPITAL IMPROVEMENT PROGRAM FOR THE NEXT 5 YEARS Hensley asked whether the Commission should make the decision to hire a consultant before trying to budget for all of these items. Brown stated that based on prc~~ious discussion this evening the consultant expense could be wrapped up into the capital improvei~~ents; however, he felt the cleanest way to bring the consultant on board would be from the opez•ating budget. The Commissioners agreed the expansion of Nlanor Park warming house and the addition of the Silverwood shelter were high on thepriority list. Chair Davis stated that she would support getting as much done as passible now since prices are ever increasing: She suggested. putting the tennis court rehab rotation into the budget, as well as, the resurfacingof trails and asphalt. Hensley stated that he would like to see Public Works Director Brown spend his time on creating the RFP for a consultant. Trent asked whether these things were the highest priority items they wished to see done. Bailey stated that by now the Commission knows what it wants to accomplish, he urged them to put it down on paper, what you want to do in 2009. Brown indicated that it sounded as if the highest priority items to him were the 2 shelters at two parks, the expansion of Manor's building, and a plan for uniform signage. If this is the case, Brown stated that staff could help assign dollar figures to these items. PARK COMMISSION MINUTES 'T'UESDAY, AUGUST 12, 2008 PAGE 3 OF 4 Chair Davis noted the additions of the 2 tennis courts and asphalt surfaces. Brown asked whether the lighting system at Manor was adequate. Norman stated that, once the pole was straightened, the system was fine for now. Trent reiterated that this is not how he would go about planning, he urged the Commission to create a priority list, as well as long term impacts of those items. Hensley agreed that creating a wish list with assigned estimates was an exercise in futility, but acla~owledged the need to at least begin with this sketch plan. Similar to a home remodel, one must have a rough idea of a projects cost and budget before true cstinrates can be attached and fine tuning occurs. Brown stated that the Commission has stated time and time again that having facilities at Manor Park and redoing t11e tennis courts are things you say over and over must be done. Ile urged the Commission to lay out projects and let staff helpfill in the dollar blank. If the Commission lays out a vision, staff can figure out how to get it done. He noted that, yes, a consultant can be brought on board to discuss long term items and a good time. to begin this process would be December, but the constants for 2009 must be addressed. Bailey pointed out that this process is merely appropriating funds; the Council will condone the expenditures once the plans are made. He urged the Commission to get off the mark and put some things into place now or nothing will be done again in 2009. Hensley moved, Trent seconded, that the City Council issue an RFP to hire a consultant out of the operating budget to assist in developing designs and standard concepts for shelters and signage which will establish a style guide for long term planning. Motion passed 6/0. Chair Davis suggested they establish expenditures for 2009 with a motion as well. Hensley;moved, to approve the CIP budget, revising $70,000 for Manor park and Cathcart tennis courts to be rehabbed for $12,000; to include the construction of two shelters and the expansion of ilZanor Park which include facilities at an estimated $150,000; omit park improvements of 55,000 for 2009; omit $7,500 for magic square resurfacing; adding line item for signs not to exceed $30,000 subject to actual numbers; moving Cathcart Park repaving and swing set replacement to 2009; moving Silverwood Park resurfacing to 2009; moving picnic shelter rehab in Freeman from 2010 to 2009. Chair Davis seconded. Trent reiterated his objection to moving forward on anything proposed until we have a formal plan in place. Young stated that he would like to see the items llit upon year after year get done. Motion passed 5/l. Trent dissenting. PARK COMMISSION MINUTES 'T'UESDAY, AUGUS'T' 12, Z00~ PAGE 4 OF 4 8. PRIMARY ELECTION ON SEPTEMBER 9 -NEED TO DETERMINE DATE FOR SEPTEMBER PARK COMMISSION MEETING - (Att.-#8} Brown reported that City Hall will begin its remodel August 18`x'; therefore, meeting locations will be changing. The next Commission meeting was moved to September 16, 2008, to be held at Eddy Station at 7pm. 9. DETERMINE LIAISON FOR CITY COUNCIL MEETING ON AUGUST 25 Hensley volunteered to act as liaison. I0. NEW BUSINESS Chair Davis stated that Cub Foods has responded with interest as a sponsor for the next Arctic Fever event. Brown stated that the new City Administrator wouldbe starting on august 18°'. I1. ADJOURN Trent moved, Chair Davis seconded, adjourning the Park Commission Meeting of August 12, 2008, at 8:40 p.m. Motion passed 6/0. RESPECTFULLY SUBMITTED, Kristi B. Anderson Recorder CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, 5 AUGUST 2008 MINUTES CALL TO ORDER Chair Schmitt called the meeting to order at 7:00 P.M. ROLL CALL COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. Present: Chair Schmitt; Commissioners Gagne, Geng, Gniffkc, ilutchins, Ruoff (arrived at 7:04 P.M.), and Vilett; Planning Director Nielsen; and Council Liaison 1'ur~eon Absent: None APPROVAL OF MINUTES I Jnly 2008 Gagne moved, Gniffke seconded, Approving the Plauniug Commission ~'ieeting Minutes of 1 July 2008 as presented. Motion passed 5/0. Commissioner Ruoff arrived at 7:04 P.M. 7:00 P.M. PUBLIC HEARING -PRELIMINARY PLAT - PETRON REARRANGEMENT Applicant: Kat•en Petron Location: 4845 and 4865 Suburban Drive Chair Schmitt opened the Public I Iearing at 7:01 P.M., noting the procedures utilized in a Public Hearing. He explained items recommended for approval that e~~ening would be placed on an August 25, 2008, Regular City Council Meeting Agenda for Iurtlier review and consideration, Director Nielsen stated Karen Petron owns the properties at 4845 and 4865 Suburban Drive. She wants to convey a portion of the easterly parcel to her son, John, so that he can build a new home on the property. In order to do so she would demolish the home on the easterly lot and rearrange the property line between the two parcels, creating a new building site for her son's home. Because the property has been subdivided once already, the rearrangement requires a formal platting procedure. She has requested preliminary plat approval for the rearrangement. As part of her request, she asks that the portion of Sunset Lane abutting her property on the north and a portion of Orchard Lane abutting her property on the south be vacated. Nielsen explained the subject properties contain a total of 5.4 acres of land, including the proposed right- of-way vacations. Upon completion, the new westerly lot will contain 169,354 square feet and the new easterly lot will contain 65,723 square feet of area. The properties are zoned R-1C, Single-Family Residential, which requires lots to be at least 20,000 square feet. With regard to the analysis of the case, Nielsen explained the City's past and current policy for subdividing property is to allow the original homestead to be divided off without requiring the property to be fully developed. Any subsequent division requires formal development of the site, including the CITY OF SHOI~EWOOID PLANNING COIdI1VIISSION li~IEETING 5 August 2008 Page 2 of 8 improvements associated with subdivision (e.g. streets, utilities and drainage facilities).The proposed rearrangement does not result in any new lots or additional homes; it simply reconfigures the existing lots. Nielsen explained the City's Zoning Code requires when properties capable of additional development are subdivided, the applicant must provide a resubdivision sketch demonstrating how the remainder of the property can be developed in the future. It is not necessary to develop the property as illustrated in the sketch; this sketch will be incorporated into a development agreement as a guide for when the property ultimately develops. The applicant's resubdivision sketch shows the newly configured lot would be substantially larger than 20,000 square feet, due to the existence of a small wetland and the likely location of a storm water drainage basin on the east side of the site. It illustrates how the actual proposed house will fit on the property in conformance with R-1C district standards. "l~he remaining iuture lots also appear to conform to R-IC standards; they would all have a minimum of 20,000 square feet of area and at least 100 feet of width. The sketch shows how Orchard Lane cotdd be constructed in the future. It complies with the minimum right-of--way width and cut-de-sac diameter requirements prescribed by the Subdivision Code. The applicant shows drainage and utility easements :for all lots, including the ones that will be required as part of this proposal. The two wetland basins and the future storm water retention area will be protected by drainage, utility and conservation easements. Nielsen stated the City had considered the possibility of vacating Sunset Lane (a platted, but undeveloped right-of--way) before, The City chose not to do so until a decision was made by the owner of the property in question, in case Sunset Lane would become the access to the property. Given the terrain of the area, the use of Orchard Lane would necessitate the least amount of site alteration. This decision now being considered would allow Sunset Lane to be vacated. Although the applicant is only concerned with the portion of right-of--way abutting her property, the City should now consider vacating the entire length of the right-of--way. At least one property owner to the west of the applicant's is interested in seeing this happen. He noted some portions of Sunset Lane had been vacated before. He explained when a property is vacated it goes back to the property it originally came from; one half of Sunset Lane would go to the subject property and the other half would go to the property to the north of it. He stated the sketch also shows a portion of Orchard Lane being vacated, a good share of which is wetland area. At Staff's direction, the applicant's surveyor has contigLn-ed the right-of--way to accommodate the potential resubdivision of the property to the south of the applicant's. He noted the street right-of--way vacations and the vacation of existing drainage and utility easements (new ones will be required as part of the final plat) wi11 require a separate public hearing to be conducted by the City Council. Nielsen stated although it is not addressed in the Staff report, it is likely another detention pond would have to be created to accommodate the drainage from the street and the new lots if the property were to be further developed. Therefore, Staff is recommending an additional drainage and utility easement be dedicated to the City as a condition of this approval. If all of the easement is not needed when the property is developed, the property owner can request a vacation of the excess easement. Another condition of approval that must be added is to correct the 2:1 slope on the south side of the cut-de-sac on the resubdivision sketch; the maxiYnum allowed is a 3:1 slope. Also, the catch basin on the south part of the property does not have an outlet; it would likely be extended to the new wetland pond that would have to be created. Nielsen stated assuming the City Council is agreeable to vacating portions of Sunset Lane and Orchard Lane, Staff recommends approval of the preliminary plat. This approval is contingent upon the applicant entering into a development agreement as part of the final plat process, stipulating that any future development of the property will include the installation of all site improvements, including street, utilities and storm water drainage facilities. The additional conditions of approval just identified must also CITY ®F ~H®RE~VO®D PI,Al®'1~TING COIVIIVIISSION MEE'TII~G 5 August 2008 Page 3 ®f 8 be addressed. No new lots are being created at this time; therefore, local sanitary sewer access charges and park dedication fees are not required. Chair Schmitt opened the Public Testimony portion of the Public Hearing at 7:13 P.M. Jean Wagy, 4870 Regents Walk, stated she wanted some assurance that future development of the property would not create drainage issues. She also requested the beautiful old trees be preserved where possible when the property is redeveloped. Director Nielsen stated when the remainder of the development is proposed a public hearing would be held. A tree preservation and reforestation plan would be required for approval of the final plat. Chair Schmitt closed the Public Testimony portion of the Public Bearing at 7:15 P.M. In response to a question from Chair Schmitt, Director Nielsen stated the need for a formal casement and maintenance agreement for the common driveway property between. the two reconfigured lots was not addressed in the Staff report. In response to another question, the development agreement will address the timing of the demolition of the existing house on the proposed easterly property. In response to a question from Commissioner Ruoff, an individual with the applicant clarified there are no plans to further develop the property at this time. The applicant's son John stated the property has been in the family for four generations. The resubdivision sketch was required by Cite Code. Gagne moved, Vilett seconded, recommending approval of the preliminary plat for Karen Petron, 4845 and 4865 Suburban Drive, subject to the Staff recommendations identified in the Staff report and those identified during this Public Hearing. In response to a question :from Counllissioner Gagne, Director Nielsen stated it would be wise to include the need for a formal easement and maintenance agreement in the motion. With out objection from the seconder, the maker of the motion amended the motion to include the need for a formal easement and maintenance agreement for the common driveway property betwecu the two reconfigured lots. Motion passed 7/0. Chair Schmitt closed the Public Hearing at 7:20 P.M. 2. 7:10 P.I. PiJBL1C HEARING -SETBACK VARIANCE FOR DRIVEWAY Applicant: Robert Thomson Location: 5050 Suburban Drive Chair Schmitt opened the Pubic hearing at 7:21 P.M. Director Nielsen noted the applicant was not able to be in attendance this evening. Although the case will be heard and public comment will be taken this evening, he recommends the Planning Commission consider continuing this item to the September 16, 2008, Planning Commission meeting. Director Nielsen stated Robert Thomson owns the property at 5050 Suburban Drive. The driveway serving Mr. Thomson's house also serves the house at 5060 Suburban Drive, and it straddles the property CITE' ®F STT®T2E~'OGT) PLANNING C®MMI~SI®N MEE'T'ING 5 August 2008 Page 4 of 8 line between the two lots. Mr. Thomson proposes to build a driveway entirely on his own lot. Because his property exists as a "flag lot" with only 16 feet of width abutting Suburban Drive, he is unable to do so without a variance to the five foot setback requirement for driveways. His request is for two-foot variances on each side of the driveway in order to construct a 10-foot wide driveway centered within the 16-foot wide portion of the lot. This would require the property owner at 5060 to construct their own driveway. Nielsen explained Mr. Thomson's property is located in the R-1C, Single-Family Residential zoning district and contains approximately 30,864 square feet of area. Mr. Thomson has been attempting to market his property and prospective buyers are uneasy over the lack of a formal easement and maintenance agreement for the driveway. Mr. Thomson had related that he has been unsuccessful in coming to terms with the owners of the 5060 Suburban Drive property regarding such an agreement. With regard to the analysis of the case, Nielsen reviewed how the applicant's request for a setback variance complies with the conditions/criteria set forth in Section 1201.05 Subd. 2 of the City's Zoning Code. While there are other "flag lots" in Shorewood, there are relatively few and the City has prohibited this type of design for a number of years. "hhe narrow configuration of the property satisfies the uniqueness test. Nai7owness is specifically mentioned in the Code. It is not possible for the applicant to construct a driveway on his own property without a variance. 2. The variance is not economic in nature. Individual driveways are commonly enjoyed by most properties in Shorewood, The required setbacks deprive the applicant of this right. 4. The circumstances were not created by the applicant, Granting the variance does not confer a special privilege on the applicant that is not enjoyed by other property owners. 6. The variance is the minimum necessary to accommodate the proposed driveway. Staff recommends that the driveway should be required to be 12 feet in width in order to facilitate two cars entering and exiting the property. Nielsen stated ideally the owners of the _5050 and 5060 Suburban Drive properties could have come to terms on an easement and maintenance agreement for a common driveway. There is no way to force that to happen. Nielsen stated Staff reconunends approval of the variance request subject to the following two conditions: 1) the driveway should be constructed 12 feet wide, centered on the applicant's property; and 2) the portion of the driveway abutting the property at 5040 Suburban Drive should be paved to control dust. Chair Schmitt opened the Public Testimony portion of the Public hearing at 7:27 P.M. Michelle and Denis Tierney, 5060 Suburban Drive, both stated they are opposed to granting the variance. CI'Y'~' ®F SH®REW®®D PI,A1~19~ING C®Ml~~IISSI®N ~IEE`I'Il~TG 5 August 2008 Page 5 of 8 Mr. Tierney routed pictures of the existing common driveway. Mr. Tierney explained when the house on the property located at 5060 Suburban Drive was constructed in the 1950s the then owner of that property sold an eight-foot strip of land to the then owner of the property located at 5050 Suburban Drive so the two property owners could construct a common driveway. That driveway has been shared for about 58 years. The action was done on a "handshake"; no formal easement was ever prepared. He noted that they had tried to reach agreement on a formal easement with the last three owners of the 5050 Suburban Drive property, but to no avaih He stated they had repeatedly proposed to Mr. Thomson that they would be willing to sign a formal easement with new owners of his property and would share the cost to pave the driveway with the new owners. Mr, Tierney explained if Mr. Thomson were granted his variance request to construct the driveway they would end up with essentially eight feet of driveway, The existing driveway slopes into their lot. They would have to bring in a great deal of fill to bring their property up to a level where they could construct a driveway of their own. The impact of granting Mr. Thomson's variance request would place a significant financial burden on them. Storm water flows from the street and the properties to the north through a pipe under the existing driveway onto aloes-lying area of their property. The water then flows off their property through a drain pipe that empties into a pond on St. t'11ban's Bay Road. A large pond is generated after a heavy rain which drains relatively quickly. if they had to bring in a significant amount of fill and construct a driveway, the drainage situation would be gn-eatly affected. I^ronl an environmental perspective they would prefer not to have two driveways parallel to each other. He noted through the last three 5050 property owners, they have provided maintenance of the driveway (including rocking and snow removal) at their expense. Commissioner Geng asked Mr. and Mrs. Tierney why they could not enter into an easement agreement with Mr. Thomson. Ms. Tierney stated it was their understanding, via Ivlr. Thomson, that the prospective buyer wanted his own private driveway ; the buyer would make the driveway shorter and would not allow any trucks to go up the driveway. She then stated from January through July 2008 they had repeatedly told Mr. Thomson they would be willing to share an easement and to split the cost to pave the driveway. Mr. Tierney commented he thought Mr. Thomson may have financial difficulties and could possibly be facing foreclosure; Mr. Thomson may not have the financial wherewithal to share in the cost of getting a formal easement prepared. Ms. Tierney commented she thought the realtors were telling Mr. Thomson a reason his house was not selling was because of the lack of a formal easement. She noted that the low- lying area of the property at times has had enough storm water in it to float a canoe. Jay Williamson, 5040 Suburban Drive, stated the Tierneys have a legitimate concern. He thought even if the Tici-~lcys brought in enough fill to raise the level of property so they could construct a driveway, it would likely sink in the future. They would have to hire an engineer to assess the situation. From his vantage point it seemed um•ea1istic to place that financial burden on the Tierneys. He noted that he had not made the request to pave the portion of the proposed driveway that would abut his property. He has a rock wall that runs the length of that and there are shrubs along that wall. He explained the rock wall, installed by the former o~~~lcr of his property, runs the length of his lot. When the owner of the property located at 5050 Suburban Drive recently had a survey done, the survey indicated that property line goes over a 20-foot section of his wall. The line also goes over a very large tree on his property which he has spent a great deal of money trying to save after a storm. He stated if the variance is granted to allow the driveway to be built closer to the lot line where the rock wall is, he would have concern that a new owner could force him to remove some of the rock wall and some trees. He would have to incur excavation costs to have that done. If the variance is approved, he requested the variance have a stipulation that states he would not have to take a portion of the rock wall out. CITY ®F SH®RE~'®GI) PLANNING C®MMISSI®N MEETING 5 August 2008 Page 6 of 8 Ken Ko~pes 5080 Suburban Drive, stated he agrees there is a water problem. If a driveway is built on Mr. Thomson's property with only atwo-foot easement and if the Tierneys also build a driveway parallel to it, he questioned where the snow would be moved to. Chair Schmitt closed the Public Testimony portion of the Public Hearing at 7:40 P.M. Commissioner Vilett stated the low-lying "bowl shaped" area on the Tierneys property was fairly deep. Commissioner Gagne stated he has observed a great deal of storm water in that area in the past. Commissioner Gagne suggested Mr. Thomson consider placing the necessary funds from the future sale of his property in escrow to pay for one-half of the cost to have a formal easement prepared. From his vantage point, he did not think it would be prudent to build two parallel driveways «~hen one would be suffice. He suggested the property owners resolve this issue between themselves. Director Nielsen stated that would be a reasonable solution. Both the applicant and the Tierneys have stated the other party is not willing to do pursue a formal easement and maintenance agreement. He stated the item before the Planning Commission this evening was a variance request. Chair Schmitt stated the variance request appears to conform to the City's Toning Code with regard to variances. The Planning Commission's responsibility is to consider the variance request, It should be of no concern to the Commissioners which property owner is at fault for not reaching agreement. Director Nielsen stated continuing this meeting to the 16 September 2003 Plaiming Commission meeting allows the property owners time to try and resolve this issue. Commissioner Geng stated he was not sure the variance request satisfied the variance criteria of not being economic in nature. If building the driveway would help with the sale of Mr. Thomson's property it could be viewed as economic in nature. He questioned if there wasn't an element of economic benefit for all varrances. Director NieJscn stated the provision in the Code that talks about economic benefit states the hardship is not economic in nature. He noted a property owner has a basic right to sell their property. Chair Schmitt encouraged the Tierneys and Mr. Thomson to come to agreement regarding a formal easement and maintenance agreement. If not, the Planning Commission will have to recommend approval or denial of the variance at the continuance of this public hearing. He suggested Staff strongly encourage the property owners to make a very concerted effort to resolve this between them. Geng moved, Gagne seconded, continuing the Public Hearing for a request for a setback variance for Robert Thomson, 5050 Suburban Drive, to the September 16, 2008, Planning Commission meeting. Motion passed 7/0. Chair Schmitt commented that he did not like continuing a public hearing because the applicant could not be present. He then stated the public does not have to repeat their concerns expressed this evening on September 16`''. They can provide new additional comments. In response to a question from Commissioner Ruoff, the Tierneys stated they have owned their property since 1980 and Mr. Thomson has owned his property for five years. CITY ®F SHOREWOOD PLANIOTING COIVIMISSI®N 1VIEETING 5 August 2008 Page 7 of 8 Commissioner Gagne expressed concern that if the Tierneys constructed a new driveway on their property they could have flooding problems. Commissioner Hutchins commented that during his tenure on the Planning Commission this is the first time a variance is being considered which would result in an economic detriment to an abutting property. Director Nielsen questioned who decided the owner of the 5060 Suburban property was not obligated to construct their own driveway; access to one's property is that individual's responsibility. Chair Schmitt closed the Public Hearing at 7:51 P.M. STUDY SESSION 3. COMPREHENSIVE PLAN Community Facilities Director Nielsen stated this item is postponed to the September 16, 2008, Planning Commission meeting. He then stated if the Planning Commission wanted to entertain a brief discussion about the Community Facilities Chapter of the Comprehensive Plan at the 12 August 2008 Planning Commission special meeting he was willing to do that. There was consensus to do that. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. DRAFT NEXT MEETING AGENDA Director Nielsen stated there is a conditional use permit for the use of the City-owned house, located at 5795 Country Club Road which is in a resrdential district, for commercial purposes (i.e., by City staff during the City Hall renovation project) slated for the 12 August 2008 Planning Commission special meeting and the study session portion of the meeting will be devoted to a short discussion on the Community Facilities Chapter of the Comprehensive Ylan. He noted he would provide dinner for the Commissioners prior to that meeting. 6. REPORTS Commissioner Geng reported on matters considered and actions taken at the July 28, 2008, City Council regular meeting (as detailed in the minutes of that meeting). Council Liaison Turgeon elaborated on the report. • SLUC No report was given. • Other None. CITY OF SH®REWO®I) PLANllTING C®MMISSION MEETING 5 August 2008 Page 8 of 8 7. ADJOURNMENT Gniffke moved, Gagne seconded, Adjourning the Planning Commission Meeting of 5 August 2008 at 8:03 P.M. Motion passed 7/0. RESPECTFULLY SUBMITTED Christine Freeman, Recorder CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, 12 AUGUST 2008 MINUTES CALL TO ORDER Chair Schmitt called the meeting to order at 7:00 P.M. ROLL CALL COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. Present: Chair Schmitt; Commissioners Gagne, Geng, Gniffl:e, llutchins, Ruoff, and Vilest; Planning Director Nielsen; and Council Liaison Turgcon Absent: None APPROVAL OF MINUTES No minutes to approve 1. 7:00 P.M. PUBLIC HEARING -C.U.P. FOR USE OF HOUSE NEXT TO CITY HALL Applicant: City of Shorewood Location: 5795 Countrv Club Road Chair Schmitt opened the Public Hearing at 7:01 P.M., noting the procedures utilized in a Public Hearing. He explained items recommended for approti~al that evening would be placed on an August 25, 2008, Regular City Council Meeting Agenda for further review and consideration. Director Nielsen stated at its April 28, 2008, meeting the City Council granted a conditional use permit for the renovation and addition to City Hall, 5755 Country Club Road. The initial plans provided for City Hall operations to continue in the existing facility during construction activities. It became increasingly apparent operations would likely suffer under that scenario, Staff discussed the possibility of renting construction trailers for the duration of the project, but issues such as security and accessibility posed problems with that option. Nielsen then stated the current tenants of the City-owned house located at 5795 Country Club Road gave notice in ,luly 2008 that they would be leaving, effective 1 September 2008. Staff recommended to the City Council that the house be used for temporary office space during construction. This solution would make for a more efficient office an-angcment during construction, and it should expedite the project and possibly reduce costs. Per Council's request, staff prepared a conceptual sketch for how the house would be used. Nielsen explained both the 5795 and 5755 Country Club Road properties are located in the R-1C, Single- Family zoning district. Public and governmental buildings are allowed in this district, but they require a conditional use permit (C.U.P.). Therefore, the City is requesting a C.U.P. for the property at 5795 Country Club Road so it can be used for temporary space for City Hall operations. Nielsen noted the temporary office building (i.e., the City-owned house) woul°d only be used for day-to- day office operations; all public meetings (i.e., Council, Planning Commission and Park Commission meetings) would be held at the Southshore Center. Other groups (e.g., neighborhood associations, VFW, CITY ®F SH~RP~V®C)D PZ,AI+Tl'dI1~iG C®IVIMISSI®1!T 1VIEETIllTG 12 August 2008 Page 2 of 4 etc.) which currently use City Hall for meetings will have to make other arrangements during construction. Nielsen explained the general public will enter the temporary office building on its lower level. Public parking will be on the east side of the building; there appears to be adequate area for public parking without having to enlarge the existing parking area. If there should be a need to park on the grass, the City would restore the landscaping when operations returned to City Hall. Minimal short-term parking and off- street loading can be accommodated in the loop driveway on the west side (Country Club Road side) of the building. Staff parking (approximately 12-14 cars) will be limited to the parking lot to the north of the existing tennis courts. This will cut down on the number of cars that will park on the subject property, as well as the number of trips on Echo Road. The site is relatively wcil-screened ti-om the property to the east of it, although some parking will be visible during leaf-ol~t conditions. Given this arrangement is temporary, no additional landscaping is recommended. Nielsen reviewed the conceptual sketch for how the building would be used. The tuck-under garage will be used for files and storage. The Deputy Clerk's office and receptionlpublic area will be located on the lower level, as will a conference room and work area. The majority of the staff will be located on the upper level. He noted no modifications would be made to the building. Phone and electricity will be brought from City Hall to the building. The network server will be temporarily relocated to the building, Nielsen explained signs would be posted in key locations, advising City Ilan traffic where to go. The very northern driveway will continue to provide access to the Southshore Center, Badger Field and to employee parking. The second driveway to the south ~~,~ill be used primarily for construction activity and construction traffic. The public will be directed to the corner of Country Club Road and Echo Road, east on Echo to the driveway to the home. The looped driveway will be posted for delivery vehicles only, Nielsen stated Staff recommends the conditional use penl~it be granted. Staff has attempted to minimize the affect the temporary occupation of the building will have on the neighborhood. Staff does think the inconvenience is offset by isolating construction. activities to the City Hall property and, hopefully, in expediting the construction project. Chair Schmitt opened the Public Testimony portion of the Public Hearing at 7:10 P.M. KathXR~yce, 5825 Country Club Road, stated she lived across the street from the City-owned house. She asked i f she could be assured that the use would truly be temporary. She expressed concern about the additional traffic on Echo Road; families with young children live on that road and the children play on the road. Ms. Royce commented the tuck-under garage on the subject property has water issues, Council Liaison Turgcon stated she was speaking for the City Council; the use will be temporary. Director Nielsen stated the use will be temporary. He explained the long-term future of the City-owned property and house has not been decided. The City purchased the property as a contingency should the City decide to build a new City Ha1L A decision was made to renovate its existing facility instead. He stated the stuff that will be stored in tuck-under garage will be placed on pallets. He then stated there would be some additional traffic on Echo Road as a result of this use. One of the ways the volume of additional traffic would be minimized is by having staff park in the parking lot to the north of the existing tennis courts and walk to the 5795 Country Club Road property. Chair Schmitt closed the Public Testimony portion of the Public Hearing at 7:15 P.M. CITY OF SH®RE~VOGI) PI,ANNtNG COMMISSION MEETING 12 August 2008 Page 3 of 4 Commissioner Gagne suggested a no-left-turn sign be posted at the entrance onto Echo Road from the 5795 Country Club Road property to help minimize unnecessary traffic on Echo Road. He stated he had an experience of working in an office environment which was under construction, and he did not recommend that situation to anyone. In response to a question from Commissioner Gniffke, Director Nielsen stated the cost to rent one construction trailer for asix-month period was $5,000 and a minimum of two trailers would have to have been rented. He noted that the City does receive rental income of $1,500 per month for the City-owned house when it is rented. He stated the savings from using the City-o~~med house could possibly come from an expedited construction schedule. Commissioner Hutchins questioned if Echo Road could be designated no-parking on the north side. Commissioner Gagne stated that could result in people parking on the other side of that road in front of residents' homes. Director Nielsen stated staff will discuss the pros and cons of that suggestion. Council Liaison Turgeon questioned where the drop-off box ~~~ill he for utility bills. Director Nielsen stated it will likely be in the area of the short-term parking. Director Nielsen stated short-term parking area will be posted for directional traffic f]ow. He explained the proposed time to move City Hall operations into the temporary ol~ficc building is the first two weeks of September. Employees currently officed at City Ball and Public Works stall will do the move. Staff has been told they should only take what they need to do them- jobs. Staff will be able to access items stored in the City Ha11 basement during construction through a separate entYy into the lower level of City Hall. Minimal work will be done down there. l Ie noted all property files can be accessed electronically on the laser-fiche system. Villet moved, Gagne seconded, recommending approval of a conditional use permit for the City of Shorewood for the temporary use of the City-owned house located at 5795 Country Club Road for City Hall operations. Motion passed 5/0. In response to a question from Commissioner Ruoff:, Director Nielsen stated staff discussed if there was a way to pro~ride a pathway for staff to get from the parking lot to the north of the existing tennis courts to the temporary office building ~~~ithout going nn Country Club Road. Chair Schmitt closed the Public Hearing at 7:23 P.M STUDY SESSION 2. COMPREHENSIVE PLAN • Community Facilities Director Nielsen stated this item is postponed to the September 16, 2008, Planning Commission meeting. 3. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. CITY OF' SH®RE~V®®I) PLAll~llTlllTG C®MMISSI®10T MEETING 12 August 2008 Page 4 of 4 4. DRAFT NEXT MEETING AGENDA Director Nielsen stated there is a conditional use permit for the Minnetonka School District's Minnewashta Elementary School parking lot and a continued discussion of the driveway setback variance for Robert Thompson slated for the 16 September 2008 Planning Commission meeting. The study session portion of the meeting will be devoted to a discussion on the Community Facilities Chapter of the Comprehensive Plan. 5. REPORTS Commissioner Hutchins reported on matters considered and actions taken at the August 11, 2008, City Council regular meeting (as detailed in the minutes of that meeting). • SLUC No report was given. • Other None. 6. ADJOURNMENT Gagne moved, Gniffke seconded, Adjournzing tic Plauuing Conunission Meeting of 12 August 2008 at 7:28 P.M. Motion passed 7/0. RESPECTFULLY SUBMITTED Christine Freeman, Recorder 5:~~REWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331-8927 • (952) 474-3236 FAX {952) 474-0128 • www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 30 July 2008 RE: Petron Rearrangement -Preliminary Plat FILE NO. 405(08.09) BACKGROUND Karen Petron owns the properties at 4845 and 4865 Suburban Drive (see Site Location map -Exhibit A, attached). She would like to convey a portion of the easterly parcel to her son, John, so that he can build a new home on the property. In order to do so she would demolish the home on the easterly lot and rearrange the property line between the two parcels, creating a new building site for her son's home. Since the property has been subdivided once already, the rearrangement requires a formal platting procedure. She has requested preliminary plat approval for the rearrangement as shown on Exhibit B. As part of her request, she asks that the portion of Sunset Lane abutting her property on the north and a portion of Orchard Lane, abutting her property on the south be vacated. The subject properties contain a total of 5.4 acres of land, including the proposed right-of- way vacations. Upon completion, the new westerly lot will contain 169,354 square feet and the new easterly lot will contain 65,723 square feet of area. The property is zoned R- 1 C, Single-Family Residential, which requires lots to be at least 20,000 square feet. ISSUES AND ANALYSIS Shorewood's past and current policy for subdividing property has been/is to allow the original homestead to be divided off without requiring the property to be fully developed. Any subsequent division requires formal development of the site, including the improvements associated with subdivision (e.g. streets, utilities and drainage facilities). ®' r®«{ PRINTED ON RECYCLED PAPER ~ °° Memorandum Re: Petrov Rearrangement -Preliminary Plat 30 July 2008 In this case, the rearrangement does not result in any new lots or additional homes. It simply reconfigures the existing lots. Resubdivision Sketch. The Shorewood Zoning Code requires that when properties capable of additional development are subdivided, the applicant must provide a resubdivision sketch, or "ghost plat", demonstrating how the remainder of the property can be developed in the future, in accordance with Subdivision and Zoning Codes. The applicant and staff have spent considerable time to arrive at a plan that will accommodate the future development of the site (see Exhibit C). It should be noted that the property is not required to develop as illustrated on Exhibit C. Rather, this plan will be incorporated into a development agreement as a guide for when the property ultimately develops. For example, the two lots shown as 1 and 2 on Exhibit C may end up being one lot, if the owners decide not to demolish their existing home. Zoning Requirements. One of the purposes of the resubdivision sketch is to determine if proposed and future lots comply with zoning requirements. In this case, the newly configured lot is substantially larger than 20,000 square feet, due to the existence of a small wetland and the likely location of a storm water drainage basin on the east side of the site. The plan illustrates how the actual home being proposed (Lot 6) will fit on the property in conformance with R-1C district standards. The remaining future lots appear to conform to R-1C standards also -all having a minimum of 20,000 square feet of area and at least 100 feet of width. Subdivision Requirements. The resubdivision sketch shows how Orchard Lane can be constructed in the future. As shown, it complies with the minimum right-of--way width and cul-de-sac diameter requirements prescribed by the Subdivision Code. The applicant shows drainage and utility easements for all lots, including the ones that will be required as part of this proposal. Most significantly, the two wetland basins and the future storm water retention area will be protected by drainage, utility and conservation easements. Proposed R.O.W. Vacations. The City has, in the past, considered the possibility of vacating Sunset Lane, a "paper street" (platted, but undeveloped right-of--way). It chose not to do so until a decision was made by the owner of the property in question, in case Sunset Lane would become the access to the property. Given the terrain of the area, the use of Orchard Lane is the best option, necessitating the least amount of site alteration. This decision now being made, allows Sunset Lane to be vacated. While the applicant is concerned with the portion ofright-of--way abutting her property, the City should now consider vacating the entire length of the r.o.w. It is worth noting that at least one property owner to the west of the applicant's is interested in seeing this happen. Similarly, the plan shows a portion of Orchard Lane being vacated, a good share of which is wetland area anyway. At staff's direction, the applicant's surveyor has configured the r.o.w. to accommodate the potential resubdivision of the property to the south of the applicant's. -2- Memorandum Re: Petrov Rearrangement -Preliminary Plat 30 July 2008 The street r.o.w. vacations and the vacation of existing drainage and utility easements (new ones will be required as part of the final plat) require a separate public hearing to be conducted by the City Council. RECOMMENDATION Assuming the City Council is agreeable to vacating portions of Sunset Lane and Orchard Lane, it is recommended that the preliminary plat be approved. This approval is contingent upon the applicant entering into a development agreement as part of the final plat process, stipulating that any future development of the property will include the installation of all site improvements, including street, utilities and storm water drainage facilities. Since no new lots are being created at this time, local sanitary sewer access charges and park dedication fees are not required. Cc: Larry Brown Tim Keane James Landini Karen Petrov Brian Heck -3- \\\ r.r ... ..... .; .. .. .rr ....rr ..r r r..... z ~ ~ Pa ~~ ~0~~ 2131 ANOHIN ~ ~ ~ N „~ y,. ~ , ` ~ .~ ~ Off,' O g ~Y. 3 ~ W .1~ ~i Ye ~ '~ N . ~ ~ ~ ~ '~ ".1"Y"i 1 1rr rrr. r•. rr. ..r. rr. ~ e'~ y ~ d r r ® w ~ ~ ~ m m VV m ® ~ ~ ~~/~,~ ~ dtl 3~Oiy851H'JiNM 0~ m m [, ~' U ~ / ~ '~/' V ~ \/ j l J ry6k W~~,o , ~ e m ~ V c- z' w, _. z o. e~ o• e~ QP~\~P _u~,. ~i. ~~y2 \_~~ !!/spa ~~~ aQ s ~~ Nbe~~ ~ 8S h ~~ P u ~ ~ 'S 0~ o a Ov 5 ~(b,~ z° ~ o '~i w rs~~ o >y ~O o~ o~~~''oti o ~ ~~M 2i0130aONa33 ~~' do ~ rN ~d O ..: ::. _.. .. ;-..~..Ml&,=':Wi{N633NNWi. ::. .... f ~1( a4 NV82i(18f15 ~I/ 1 ~~ Exhibit A SITE LOCATION ADEVANNEI SURG'ENING P&n ENGINEERING CO. ~~ tRVI v Foa' JON PETRON RVEYED; Juh~ 7.20119 DRAFTED loot 12.2OUfl G.4L DESCRIPTIDN~ t an oc~ ~ RON ADDITION. Hennepin Counh. Aiinncsotn,and pans ofrawlcd :hod Lane and Sunset Lane u shmmhcrcon and deserih c~d bclorc. OPE OF 14'ORR: :pane- gaprc it niinar?'plat of Pclmn Rc'atrangen¢nl. for tour rceico~and for the rcr'uss~ofsnch rernmcnml necncia as may hose iurisdichon aver tour project, shooing a rcartang<menl of the linediclding Lals I and 2, Block 1. Pesron Addition. Hennepin Counh~, Minuesom and showing j aposed rotation oC drainaac and ulilih' easenrenls m Pe1mn Addntion and of pans of Orchard and nsct Lanes and cmmion o~(nco drainage, ulilitc, pmsdina. mtd mnscnalimt cucment areas, Sm ccl 2 aC this drmsing for a sketch plan shoran possibio fulurc deeelopmeul of Lol I of Petran ~artangemcnl. 'ANDARD SYMBOLS @ CDWE\710N5~ notes I. pipe mitpasucp ng canoe Emle License Nmm6cr92??. sat, mde~ - - - - - - henr lsc noted. ERTIFICATIO ' , me ~ceN rtt phis suneg au prcpnmdby me ar under mr dimcl snpcnlsion ands atl am n d a Pmfcssional Land Sunn'or under the Lmrs of the Stale aC ~inncsom. n nett a ofessianal ~Cn Si LL-Y ^~ J~ rr gq rfl U imc . P 'c .. .. No. 9239 EGAL DESCRIPTIONS OF EASEMENTS PROPOSED TO BE VACATED', ~hc nanhcasicrk mtd sautlrocstedr ? feet of Otat pan of Orchard Lane u dedlcaled n Minnetonka Manor, Hennepin Cotmq', Mimsesota I?iog bclascen she cu! line o[ lubnrban Drive and thcursmrk line of Amcsbun IOth Addition. Hemscpin :ountc, tOlinnesam wd Ihal part o(said Ordmrd Lute odtich lies non6trestedc of hefollmring described lice and i6 southeaslerlreslension: Commencing al lha Host southerh' comer oC Lol 2, Block I, Petran Addilian, Hennepin Comp'. vlinnesoia. drcna on att assumed bcanng of South 37 dcgrccs I t minutes 25 ~cwnds Ncsl along dsc rccslerl}' line of said Ansesbup~ 101h Addtion a distance a[ ip di feet !o dte amedine o(Ombard Lane: thence North 62 dcgrccs 39 minutes S9 meonds West alangsaid centerline o dlslance oC214.73 feat Io the poim of beginning of the lint to he described'.0cn<e Nodh?0 dcumes It minulcs?0 to I s¢onds 4i'esl a distance aC.v.92 feet to the sout6line of Lot 2. Black I. in said a Petran Addition, wd Ihom temrinnling. ~ That pass oCSnnset Lane as dedicated in klinnetaka 4lanor. Hennepin Count.', N hllnnesma, not prcriously totaled, and lying u'eslerlg of the acslerlc boundan~of I ~ Amesbnq' 7th Addilian, Hennepin Camnc. Minnesota and caslcdc of a line dmun m sou0mrlr Cmm dse soulhocst cameraCLos l3, Hollmere Loke Minnetonka, Minnesota, peryeudicular to the somh lint of said Lot 1?. Thal pan aCLake William Road Inao~ knoon as Snnscl Lutej dcdimlcd in Hohmerc, Lake Mionclonka Mimt., Hennepin Caunly, Minnesota, not prceiousle r~ocaled. and (ring easlerlyof a line drann soudmrly fmm the soulloresl comer of tAl (?, in said Holuucrc, Lake Mionclonka. Minn., pcipcndiculcr to dtc south line of said Lot 13 and mcslcrle of the ocslcrlp bonndan of Regislcrctl Land SurrcC~ I I Jd, Hennepin CowAy, Minocsola All of the easemcros fordrainayc and ulililq purposes dedicated in Perron Addition, Hennepin Coma>', Miuncsom. x Q ~A PLAT OF PETRON REARRANGEMENT \ ~\ j no~~ ®T V ~~N pF (/ \~ \ ~\ \ ~ ANET~ Ddb 5~~~"~fr~~rr~~ \ \\ ~ e~ URT of ~\ \ ~ ~ ~cyTFd~~~~~ ~~ ~~ H ?q ~ 1 • \ \ \ 6r~39 ~ ~~~0 ~ \ r \ \ \ \ \ \ \ \ \ \ \ \ \ I°~~r~ \ ~ ~ N~oAoa7gsb \ \ \\ \~~5~ OS~D e \. \ \\ ~ ~ ~A Y \\ \ \ ~ \ \ \ \ \ \ I SF \ \\ 0o M C`9T~~~L SST ~~ ENE OAS~F B~ l~ ~\ W ~o e P~, n x. GRAPHIC SCALE ]R 0 15 70 60 (IN PR6T ) Exhibit B PROPOSED RE1IRRANGEMENT - - - . - - I- - - - - -- - - - - - - - - - - - - - - ._. - - x 89~5'tY w IDVANCE SURVEYING fi ENGINEERING CO. UU S. Hn?'. Na. IOi Minnetonka. MN Siias Pbonc I61?I d7J 7!16a FasfUl llT7J 3AJ ~~ ~ ~ ' ~ ~ r ~ ~' . la\~EVpaa: JON PETRON ~ ~f ~ ~ ~ ' ~R F :, ... ` .,,. , ., ,' . iii t tt t r iRVEYED. June I:,?UUN DRAFTED Lmc L 'Inlh ~`. `~ ~' ~~ F t +~ .. ~', ~; ~ ' 7 Itv: v -` _, r ~ -- - .-., '.--.,~, .cam S < rF`''-st- ~-° ~. SOAL DESCRIPTION: '. ;,,5 i -,,, i. ,.a 1 ~ 4,r" y.< ~ n an ac ~ RON ADDITION. Hcnnryin Conroy. 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', w o 1s w ea - ; "' / 1 t 1 1 i ~ \ s I.'',\ ~ / ~ l // ! r u (IN FEET } .:,, ... t ~ 1 `~~~ rte, faT ~ ^_\~ / ' /' ~ ~ -- -- f ' ~ /~' \ _ ;{-' • .~ E ~ "~ • .p. \ . `, ~ RESUBDNISION SKETCH \ ~ ~ •! \ ' SHOREWOOD 5755 COUNTRY CLUB ROAD •SHOREWOOD, MINNESOTA 55331-8927 • (952) 474-3236 FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 11 August 2008 RE: Conditional Use Permit -Temporary City Offices FILE NO. 405 (08.07) In April of this year, the Shorewood City Council approved arenovation/addition project for the Shorewood City Offices at 5755 Country Club Road. Initially, the plans provided for City Hall functions to continue in the existing facility, with construction activities working around staff operations. It became increasingly apparent that the City Hall operations would suffer beyond mere inconvenience for five to seven months during construction. Staff discussed the possibility of renting construction trailers for the duration of the project. Among other issues, security and accessibility posed problems with that solution. Last month, the current tenants of the house at 5795 Country Club Road, owned by the City, gave notice that they would be leaving, effective 1 September. Staff recommended to the City Council that the house be used as temporary City Offices during the construction project. Not only would this make for a more efficient office arrangement during construction, it should expedite the project and possibly reduce costs. The City Council directed staff to conduct a public hearing to consider a conditional use permit for the property at 5795 Country Club Road to be used as temporary space City Hall operations. Legal notice was posted in the official newspaper and mailed to owners of property within 500 feet of the subject site. The hearing has been scheduled for Tuesday, 12 August 2008. Proposed Use. Public and governmental buildings are listed as conditional uses in the R- 1 C, Single-Family Residential zoning district. In fact, the existing City Hall property is in the same zoning district as the subject property. Section 1201.11 Subd. 4.a. sets forth the conditions for such use. The two most significant factors are traffic and screening/landscaping. as r®~® PRINTED ON RECYCLED PAPER Memorandum Re: C.U.P. -Temporary City Offices 11 August 2008 With respect to traffic, there will be somewhat of an increase in traffic on the west 100 feet of Echo Road, a residential street. In response to expected neighborhood concerns, staff proposes a couple of measures to mitigate traffic. First, the subject property would only be used for day-to-day office operations. All public meetings (Council, Planning Commission and Park Commission) will be held at the South Shore Senior Community facility. Any groups (neighborhood associations, VFW, etc.) that currently use City Hall for meetings will have to make other arrangements for the next several months. Exhibit B shows how the subject property relates to the City Hall/Badger Field complex. The way the building lays out (see Exhibit C), the general public will enter the building on its lower level, parking on the east side of the building. There appears to be adequate area for public parking without having to enlarge the existing parking area. Staff parking (approximately 12-14 cars) will be limited to the parking lot to the north of the existing tennis courts. This will cut down on the number of cars that will park on the subject property, as well as the number of trips on Echo Road. Minimal short-term parking and off-street loading can be accommodated in the loop driveway on the west side of the building. The site is relatively well-screened from the property to the east of it, although some parking will be visible during leaf-off conditions. Given that this arrangement is temporary, no additional landscaping is recommended. Directional Signs. Staff recommends that signs be posted in key locations, advising City Hall traffic where to go. The very northern driveway will continue to provide access to the South Shore Senior Community Center, Badger Field and to employee parking. The second driveway to the south will be used primarily for construction activity and construction traffic. The public will be directed to the corner of Country Club Road and Echo Road, east on Echo to the driveway to the home. The looped driveway will be posted for delivery vehicles only. Recommendation. While there may some inconvenience to some Echo Road residents, staff has attempted to minimize the affect the temporary occupation of the building will have on the neighborhood. The inconvenience is offset by isolating construction activities to the City Hall property and, hopefully, in expediting the construction project. Cc: Larry Brown James Landini Bonnie Burton Jean Panchyshyn Tim Keane Brian Heck -2- ~F~~' d ,~ O Il O Z 3 0 N O z < N O N 5 m U Exhibit A SITE LOCATION Temporary City Offices - C.U.P. y ~ r . ~.~ _---- ;- __, - - ~~ - ~~ d ~ "i ' ~~, _--- _ ~~ ~ - i n -_ a~~ _ ~~- ~ ~~ ; / ~ ~ j { ~` ~` ~ ~ ~- ~ ~. ~_R F i 0~'l 25 -'S0 ~~.,e 100 `r _. = ~. ~ '~ i ~P _ J ~ Feet ~, I I ~I ~ _, ~ i € r t 1 ~ ~ 8 ~` ~~ / ;~ ~~ .~ ~s ' I ~~'' ~ ,, ~ ~ ~ ~ A ~ ~ ~ ~ '' ~--r . 1 ' j~ 'j `~'`~ Tennis ;~ - ~.~_v.. ~ - City Hall ~ ~3 !f ~ ~ --------------_ _.._~ -'' ~i ~~' ~~ ' ~ - g _ - __ , ~, @ ~ ~~ - ~ ~.~„ ;, `~~ ~. I (' ~ ~~ _ ~ ~ ~ ~~ ~ € t_ ~'" _ w r' ~ ~-_ ~- - ~~~ ,_-- - - - `~ --- ~_ l/' ~ ~~~- Garage ~ , ~ ,_ _ ,~. ~ ___-- ~ ~~ r w :r ~^~'Qt" ~e i ~ ` ~ \ ~ j ~ ~ House ; ~ ~ ~ ~ ~ ~~ ~ ! l i i ~ ~~ ~~ ~~ '~ %=~'liji(1 I _~' ~ ~ ~ ~ .., i ~,,--~ i ~~ ~^n....,Q-.P~,~'~s ~f~. 1 'ti 1 ,~ ~ ; ~ ~ ~~ ~ ~ ~~-~- ~% X Echo Ro a ~ ~ x ~ Exhibit B v~nnnc~n crrr~ vi ~r f `~ !~ ~~t a ~ ,,rte'-":T 9® )._o~~er Le~t~e~ ~~4~ -~ Exhibit C 4 CONCEPTUAL FLOOR PLAN ~~~t ~, ~~-- 5755 COUNTRY CLUB ROAD ®SHOREWOOD, MINNESOTA 55331-8927 ®(952) 474-3236 FAX (952) 474-0128 • www.Di.shorewood.mn.us • cityhall@ci.shorewood.mn.us MEMORANDUM TO: City Council °"~ FROM: Brian Heck, City Administratq~~ ;`~ DATE: August 21, 2008 SUBJECT: LEGAL SERVICES RFP Attached is the RFP for Legal Services with the changes suggested_ by Council relating- to attendance at meetings. Staff recommends approval to move forward with posting the RFP on the League of Minnesota Cities website and submitting to various legal firms who provide imulicipal civil legal services. O~ ~a F~ PRINTED ON RECYCLED PAPER a g CITY OF SHOREWOOD REQUEST FOR PROPOSALS FOR GENERAL LEGAL SERVICES I. PURPOSE The City Council of the City of Shorewood is seeking a contract Attorney or legal firm to serve as general legal counsel for the City. The City invites interested law firms and individuals with a minimum of seven (7) years of municipal law experience representing general law cities to submit a written proposal to provide City Attorney services. II. BACKGROUND The Shorewood City Council is composed of a Mayor and four Council members. The Mayor and City Council are elected at large. As City Attorney, the selected law firm or individual will be expected to provide a wide range of legal services to the City. The City Attorney is selected by the City Council and works closely with the City Administrator and other staff. The City Attorney serves as a key member of the city's management team. The City Attorney's primary role is to provide expert legal advice to the City Council, City Administrator and Department Directors. The City Attorney is expected to establish, develop and maintain a close and trusted relationship with the City Administrator. The City Council believes this is critical to the success of the City. The City Council typically meets on the second and fourth Mondays of each month at 7:00 P.M. in the City Council Chambers at City Hall, 5755 Country Club Road. Due to holidays and other such occurrences, the Council meetings are occasionally changed to different days. Work sessions of the Council often occur before or after the regular business meeting. III. PROCESS The City will use the following process for selecting Legal Service Providers: A. The City Council will review all proposals and shall conduct interviews of selected candidate firms. The City Council will then select the firm or firms it believes would best meet the City's needs. B. Pending a mutually agreeable contract arrangement, the City Council will appoint the firm or firms selected to provide the services indicated. IV. GENERAL INSTRUCTIONS A. Responses must provide complete information as described in this request. Ten (10) copies shall be submitted no later than 3:00 PM on October 1, 2008. Please forward proposals to: Mr. Brian Heck City Administrator City of Shorewood 5755 Country Club Road Shorewood, MN 55331 B. Written questions about this RFP may be sent by e-mail to Bheck@ci.shorewood.mn.us prior to the submission deadline. Responses will be shared with all interested responders to the RFP. C. The City will not reimburse any expenses incurred by the firm submitting a response including, but not limited to, expenses associated with the preparation and submission of the response and/or attendance at interviews. D. The City reserves the right to reject any and all proposals, to request additional information from any and all Proposers, and to suggest modifications to the terms and conditions of an agreement from that offered by a Proposer. V. REQUIRED CONTENTS OF RESPONSE A. Firm Background 1. Brief history of firm including nature of the firm's practice. 2. Number of attorneys, including number of partners and associates and areas of specialty. 3. Provide the overall capabilities, qualifications, training, and areas of expertise for each of the principals, partners, and associates of the law firm including the length of employment for each person and his/her area of specialization. 4. Support personnel including number and expertise. 5. Office organization and support capabilities. 6. Office locations(s). 7. Current use of technology, especially capability for computerized legal research and for sharing and editing documents electronically. 8. Statements of any malpractice claims and/or ethics complaints taken against your firm or firm's attorney(s) over the last five years and the status or outcomes of such action. Indicate whether any action is pending or is currently under review by the State Ethics Board. 9. Statement of 2007 billings for municipal work as a percentage of total 2007 billings. 10. Describe malpractice insurance coverage: carrier, limits, and exemptions. 11. Statement of compliance with federal and state laws respecting civil rights. 2 B. Attorney Qualifications 1. Identify the specific attorney who will serve as the lead attorney for each of the legal services you have expressed interest in providing, and indicate the following: a. Academic training and degrees b. Year admitted to the Minnesota Bar Association and License Number c. Description of background and experience d. Description of prior municipal experience including cities served in a similar capacity e. List of litigation in communities where designated attorney served as lead attorney and outcomes of litigation f. Professional affiliations 2. Identify attorney who will serve in the lead attorney's absence, and provide information as requested in No. 1 above. 3. Identify other attorneys and support staff who will supply services for which the City will be charged. 4. Indicate current responsibilities of person designated to serve as lead attorney. C. List cities you currently represent and the type of service provided. D. List cities you began representing in the last three years and cities you stopped representing in the last three years. E. Names, telephone numbers, and contact person of at least five (5) client references, at least two (2) of which shall be cities. F. Describe the firm's view of their responsibilities to the City in the providing of legal services. G. Copy of Malpractice/liability Insurance Certificate in a minimum amount of $1,250,000. H. Conflict of Interest 1. Indicate whether designated lead attorneys or the law firm represent, or have represented, any client whose representation may conflict with your ability to provide legal services to the City. 2. Indicate whether designated lead attorneys or the law firm currently represent any real estate developers. If so, please identify those companies or persons in detail and provide a percentage breakdown of how much this work represents of your firm's total billings. 3. Identify what procedures your firm utilizes to identify and resolve conflicts of interest. I. City/City Attorney Relationship 1. Describe how you would structure the working relationship between the City Attorney and the City Council, City Administrator, Department Directors, and other staff members. 2. Define the standard time frames for response by the City Attorney to direction and/or inquiry from the City Council or City Administrator. 3. Describe the systems or mechanisms that would be established for monthly reporting of the status of projects, requests, and litigation. 3 Fees: 1. City Attorney-firms ~ wiring to be considered for City Attorney services may indicate a monthly retainer amount (if appropriate) and describe specific services to be included within the retainer and any services that would be outside the retainer (refer to the list of services in Section VI.) For services outside the retainer, indicate the hourly rate for City Attorney and other attorneys and support staff that may be working on City business. Alternatively, firms may propose hourly rates for all services. 2. The City is open to exploring alternative fee arrangements other than the retainer or hourly rate. Indicate any alternate billing arrangements you would be willing to consider and under what circumstances they would be most appropriate. 3. Firms shall indicate all other costs and reimbursable expenses including travel (per mile), telephone, printing, photocopying, etc. 4. Firms shall indicate the minimum increment of time billed for each service including phone calls, correspondence, and personal conferences. 5. The City of Shorewood requests monthly billing statements which: a. Itemize the date of services b. Identify the personnel providing the services c. List the time spent d. Provide a detailed description of the services performed State the fees for those services f. Organize billing on the basis of activity and City contact. For activities that span multiple billing periods, aproject-to-date summary is requested g. Summarize monthly and annual costs by type of activity VI. LEGAL SERVICES REQUIREMENTS Following are the primary responsibilities for general legal services. While this list is an attempt to identify the major areas of representation, it is not intended to be an all encompassing list. A. Attend the regularly scheduled City Council meetings and meetings as requested by the City Council or City Administrator. B. Draft and/or review ordinances, resolutions, and correspondence, as requested. Review City Council agendas and meeting minutes as requested. C. Advise and/or prepare legal opinions to the Mayor and Council members as requested or directed by the City Council and/or City Administrator. D. Prepare and/or review municipal contracts, such as contracts for public improvements, joint powers of agreements, construction, and purchase of equipment. E. Represent City in matters related to the enforcement of City building and zoning codes. 4 F. Provide legal briefings as requested to City Council and/or City Administrator regarding new or proposed legislation or judicial decisions affecting municipal operations and activities. G. Provide advice on open meeting law, data practice, records retention and privacy issues. H. Defend City in litigation (except in those cases where insurance companies are required to provide defense) including, but not limited to, 1) human rights claims; 2) condemnation; 3) permits and administrative actions; and 4) labor and employment matters. I. Defend City in uninsured claims and other insurance matters. J. In coordination with Bond Counsel, review of financing, special assessments, bonds and insurance requirements required by or for City contracts or activities. K. Represent City in the acquisition of properties for public improvements, easements, and parks. L. Represent City in condemnation proceedings for public improvement projects. M. Initiate litigation on behalf of City as directed by the City Council. N. Interpret and advise regarding State land use statutes and City Code. O. Interpret and advise regarding impact fees and legal uses. P. Advise and represent the City on environmental matters. Q. Prepare and/or review the following: 1. Conditional Use Permits and Documentation 2. Vacation of Rights-of--Way 3. Special Assessments 4. Planned Unit Developments 5. Development Agreements 6. Subdivision and Zoning Requests 7. Subdivision and Zoning Code Violations R. The firm shall not subcontract out or assign any interest in the contract and shall not transfer any interest in the same without prior written consent of the City. VII. ANTICIPATED TIMELINE Following is the anticipated schedule the City Council expects to utilize for the review and selection of a City Attorney. This is a tentative schedule and is subject to change. A. Starting August 26, 2008, Distribute RFP B. October 1, 2008 (3:00 p.m.), Deadline for receipts of RFP C. October 3 -October 10, 2008, Review proposals and schedule interviews. D. October 13 - 20, 2008, Interviews E. October 27, 2008, Recommendation to City Council for appointment (:ITY n[ --~ SHC :EWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331-8927 • (952} 474-3236 FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us MEMORANDUM Date: August 21, 2008 To: Honorable Mayor and City Council Members Brian Heck, City Administrator n ,` From: Bonnie Burton, Finance Director/Treasurer t"` Re: RFP for Professional Auditing Services The City Council reviewed a draft RFP (Request for Proposal) for Professional Auditing Services at the August ll meeting. No additional changes to the RFP were recommended and the final version is attached for the Council's approval. In addition, Council indicated they will choose a City Council member at the August 25 meeting to participate on the three-member auditor selection committee as described below. A few highlights of the RFP include: 1. Request for quotes for athree-year contract, with an option to renew for an additional three year period. 2. Screening of the proposals by athree-member Auditor Selection Committee comprised of the City Administrator, the City Finance Director/Treasurer, and one council member. The Auditor Selection Committee would then make a recommendation to the City Council, (The time commitment is estimated as 2 or 3 afternoon meetings of up to 4 hours each in early October, although it is possible the interview sessions could be conducted in the evening.) 3. The RFP would be posted on the League's website in addition to soliciting proposals from selected firms. Recommendation Staff recommends approval of the attached RFP for Professional Auditing Services and selection of a Council member to participate on the Auditor Selection Committee. d~~ vs Z~FO PRINTED ON RECYCLED PAPER `~ ~~~Y F SHOREW0017 5755 COUNTRY CLUB ROAD ° SHOREWOOD, MINNESOTA 55331-8927 ° (952) 474-3236 FAX (952) 474-0128 • www.ci.shorewood.mn.us ° cityhall@ci.shorewood.mn.us City of Shorewood, MN eques~ f®r ~r®p®s~l r®fessional Auditing Services For Fiscal Years Ending 2008, 2009, 2010 August, 2008 ®~ ~ 0 PRINTED ON RECYCLED PAPER ®p TABLE OF CONTENTS I. II III. INTRODUCTION A. Generallnformation B. Instructions C. Term of Engagement D. Subcontracting NATURE OE SERVICES REQUIRED A. General B. Scope of Work to be Performed C. Auditing Standards to be Followed D. Reports to be Issued E. Reporting to the Finance Committee F. Special Considerations G. Working Paper Retention and Access to Working Papers )DESCRIPTION OF THE GOVERNMENT A. Name and Telephone Number of Contact Person B. Background Information C. Fund Stricture D. Budgetary Basis of Accounting E. Federal and State Financial Assistance F. Pension Plans G. Component Units H. Magnitude of Finance Operations IV. TIME REQUIREMENTS A. Proposal Calendar B. Notification and Contract Dates C. Schedule for the 2008 Fiscal Year Audit I. Interim Work 2. Detailed Audit Plan and Programs 3. Fieldwork 4. Draft Reports D. Date Final Report is Due V. VI. ASSISTANCE TO BE PROVIDED TO THE AUDITOR AND REPORT PREPARATION A. Finance Department and Clerical Assistance B. Work Area, Telephone, Photocopying and FA,~ Machines C. Report Preparation PROPOSAL, REQUIREMENTS A. General Requirements 1. Submission of Notification of Interest 2. Izlquiries 3. Submission of Proposals B. Proposal 1. General Requirements 2. Independence 3. License to Practice in Minnesota 4. Firnz Qualifications and Experience 5. Partner, Supervisory and Staff Qualifications and Experience 6. Similar Engagements with Other Government Entities 7. Specific Audit Approach 8. Identification of Anticipated Potential Audit Problems 9. Report Format C. Dollar Cost Bid l . Total All-Inclusive Maximum Price 2. Rates by Partner, Specialist, Supervisory and Staff Level Times Hours Anticipated for Each 3. Out-of-pocket Expenses in the Total All-inclusive Maximum Price and Reimbursement Rates 4. Rates for Additional Professional Services 5. Manner of Payment VII. EVAIJCIATI®N PIZ~CEI~UR.ES A. Audit Selection Committee B. Evaluation Criteria 1. Mandatory Elements 2. Tecluzical Qualifications 3. Price C. Oral Presentations D. Final Selection E. Right to Reject Proposals F. Current Audit & Accounting Service Hours ATTACHMENTS A. Proposer Warranties B. Schedule of Proposed Fees for City of Shorewood Audit IN`I'ROI~IJC'I'I®N A. General Information The City of Shorewood is requesting proposals from qualified fines of certified public accountants to audit its financial statements for the fiscal years ending December 31, 2008, 2009, 2010. This audit is to be performed in accordance with U.S. Generally Accepted Auditing Standards (GAAP). These are the standards set forth for financial audits in the General Accounting Office's (GAO) Govenunent Auditing Standards (2007), the provisions of the Federal Single Audit Act as amended, and U.S. Office of Management and Budget (OMB) Circular A-133, Audits of States Local Governments and Non-profit Organizations. To insure a fair review and selection process, firms submitting proposals are specifically requested not to make other contacts to the City staff or a council member regarding these proposals. There is no expressed or implied obligation for the City of Shorewood to reimburse responding fines for any expenses incurred in preparing proposals in response to this request. B. Instructions To be considered, five (5) copies of a proposal must be received by Bonnie Burton, Finance Director/Treasurer, at 5755 Country Club Road, Shorewood, MN 55331 by 4:00 P.1VI. on Septembe~- 30, 2008. The City of Shorewood reserves the right to reject any or all proposals submitted. The proposal must include the standard forms provided as Attachments A and B herein. Supporting material maybe submitted; however, the decision in selecting the most responsive proposer will be based on the standard proposal forms provided. All infornation submitted shall be treated as proprietary information. Requests for clarification or additional information should be made in writing to the .City's Finance Director/Treasurer at the above stated address, no later than September 10, 2008. Requests received after said date will not be answered. Written responses to questions will be mailed to all proposers by September 17, 2008. Proposals submitted will be evaluated by the Audit Selectien Committee, which may consist of the City Administrator, the Finance Director/Treasurer, a City Council Member, and industry experts. During the evaluation process the City reserves the right, where it may serve the City's best interest, to request additional information or clarifications from responding firms, or to allow corrections of errors or omissions. At the discretion of the City, firms submitting proposals may be requested to make oral presentations as part of the evaluation process. The City reserves the right to retain all proposals submitted and to tzse any ideas in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the fine of the conditions contained in this request for proposals, unless clearly and specifically noted in the proposal submitted and confznned in the engagement letter between the City of Shorewood and the fine selected. It is anticipated that the selection of a firm will be completed by October 27, 2008. Following the notification of the selected firm, it is expected a Letter of Engagement will be executed by October 31, 2008. C. Term of Engagement An initial 3-year contract is contemplated subj ect to azu~ual review of price and performance, along with an option to renew for an additional 3-year period. The 3-year renewal option will be at the sole discretion of the City, with scope of services and pricing to be negotiated. I-. Subcontracting Following the award of the audit contract, no subcontracting will be allowed without the express prior written consent of the City of Shorewood. If. NA'I`IJRE ®E SERVICES REQLTII~EI~ A. General The City of Shorewood is soliciting the services of qualified firnzs of certifzed public accountants to audit its financial statements for the fiscal years ending December 31, 2008, 2009 and 2010. This audit is to be performed in accordance with the provisions contained in this request for proposals. B. Scope of Work to be Performed The City of Shorewood desires the auditor to express an opinion on the fair presentation of its basic financial statements inconformity with generally accepted accounting principles. The auditor shall also be responsible for performing certain limited procedures involving required supplementary information required by the Governmental Accounting Standards Board as mandated by generally accepted auditing standards. The auditor is not required to audit the statistical section of the report. The auditor is required to prepare the Comprehensive Annual Financial Report, and perform an annual review to determine necessary steps so that the City may apply to receive a Certificate of Achievement for Excellence in Financial Reporting during this engagement. The City has been the recipient of the Certificate of Achievement for Excellence in Financial Reporting for the past consecutive 15 years. 2 C. Auditing Standards to Be Followed To meet the requirements of this request for proposals, the audit shall be performed in accordance with: ® The auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in GoveYjrmerat Aa~ditiizg Standards, issued by the Comptroller General of the United States. ® The provisions of the Single Audit Act of 1984 (as amended in 1996). ® The provisions of U.S. Office of Management and Budget (OMB) Circular A-133. o The provisions of the Minnesota Legal Compliance Audit Guide for Local Govenunent. D. Reports to be Issued Following the completion of the audit of the fiscal year's financial statements, the auditor shall issue: 1. A report on the fair presentation of the financial statements in conformity with generally accepted accounting principles. 2. A report on the compliance and internal control over financial reporting based on an audit of the financial statements. 3. A report on compliance with applicable laws and regulations. In the required report(s) on internal controls, the auditor shall conutnulicate airy reportable conditions found during the audit. A reportable condition shall be defined as a significant deficiency in the design or operation of the internal control stnicture, which could adversely affect the organization's ability to record, process, summarize and report financial data consistent with the assertions of management in the financial statements. Reportable conditions that are also material weaknesses shall be identified as such in the report. Non-reportable conditions discovered by the auditors shall be reported in a separate letter to management, which shall be referred to in the report on internal controls. The reports on compliance shall include all instances of noncompliance. Irregularities and illegal acts. Auditors shall be required to make an immediate, written report of all irregularities and illegal acts or indications of illegal acts of which they become aware to the following parties: The City Council and the City Administrator 3 ~. Reporting to the Shorewood City Council Auditors shall assure themselves that the City of Shorewood`s City Council is informed of each of the following: 1. The auditor's responsibility under generally accepted auditing standards 2. Significant accounting policies 3. Management judgments and accounting estimates 4. Significant audit adjustments 5. Other infozmation in documents containing audited financial statements 6. Disagreements with management 7. Management consultation with other accountants 8. Major issues discussed with management prior to retention 9. Difficulties encountered in performing the audit ~, Special Considerations 1. The City of Shorewood will send its comprehensive annual financial report to the Goverlment Finance Officers Association of the United States and Canada for review in their Certificate of Achievement for Excellence in Financial Reporting program. G. Working Paper Retention and Access to Working Papers All working papers and reports must be retained, at the auditor's expense, for a minimum of three (3) years, unless the firm is notified in writing by the City of Shorewood of the need to extend the retention period. The auditor will be required to make working papers available, upon request, to the following parties or their designees: ® City of Shorewood • MN State Auditor • U.S. General Accounting Office (GAO) • Parties designated by the federal or state governments or by the City of 4 Shorewood as part of an audit quality review process ® Auditors of entities of which the City of Shorewood is asub-recipient of grant fiends 111 addition, the fine shall respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance. III. IIESCRIPTION OF TII]E GOVERNMENT A. Major Contact Person The auditor's principal contact with the City will be Bonnie Burton, Finance Director/Treasurer, or a designated representative, who will coordinate the assistance to be provided by the City of Shorewood to the auditor. B. Background Information ® The City of Shorewood is located in Hennepin County and selves an area of 6 square miles with an estimated population of 7,500. o The City of Shorewood's fiscal year is January 1 to December 31. ® The City is a statutory City with aMayor-Council form of government. ® The City provides services to its citizens which include police and fire services (police services contracted with South Lake Minnetonka Police Department; fire services contracted with the Excelsior Fire Department), parks, street constntction and maintenance, land-use planning, and code enforcement. The City also provides water, sanitary sewer, and storm sewer management services. • More detailed information on the government and its finances may be found in the 2008 General Fund Budget and 2007 CAFR, which are available on the city's website at ~~~~~~~-.ci.shorew~~od.il~n.us. C. Budgetary Basis of Accounting The City prepares its budgets on a basis consistent with generally accepted accounting principles. 5 I9, State Financial Assistance During the fiscal year to be audited, the City does not expect to have received in excess of $500,000 of State assistance from various programs. The specific programs and information will be available prior to the interim work. E. Pension Plans All frill time and certain part-time employees of the City are covered by defined benefit pension plans administered by the Public Employees Retirement Association of Minnesota (PERA). The association administers the Public Employees Retirement Fund and the Public Employees Fire Fund which are cost sharing, multiple employer retirement plans. F. Magnitude of Finance ®perations The finance department is headed by Bonnie Burton, Finance Director/Treasurer, and consists of 2 employees. The principal functions performed, and the number of employees assigned to each area, are as follows: Function Finance Director Senior Accountant Number of Employees 1 IV. '~'>[ME REQUIREMENTS A. Proposal Calendar Request for proposal issued Due date for proposals B. Notification and Contract Dates Selected firm notified Engagement Letter executed C. Schedule for 2008 Fiscal Year Audit August 25, 2008 September 30, 2008 October 28, 2008 October 31, 2008 The City will have all records ready for audit and all management personnel available to meet with the firm`s personnel at a date that is mutually convenient. Each of the following should be completed by the auditor no later than the dates indicated. Interim Work The auditor shall complete interim work by January 31, 2009. 2. Detailed Audit Plan The auditor shall provide by January 31, 2009, to the City both a detailed audit plan and a list of all schedules to be prepared by the City. Fieldwork The auditor shall complete all fieldwork by April 15, 2009. 4. Draft Reports The auditor shall have reviewed drafts of the audit report(s) and completed auditor's reports for the CAFR by May 15, 2009. D. Date Final Report is Dne The auditor shall prepare draft financial statements, notes, required supplementary schedules and statistical data by May 15, 2009. The auditor shall provide all recommendations, revisions, and suggestions for improvement to the City by May 15, 2009. The final auditor reports and twenty signed copies should be delivered to the Finance Director/ Treasurer by May 25, 2009. The auditor shall present the audit report to the City Council at its last meeting in May, 2009. V. ASSISTANCE TO BE PROVIDED TO THE AUDITOR & REPORT PREPARATIOI~1 A. Finance Department and Clerical Assistance The finance department staff and responsible management personnel will be available during the audit to assist the firnl by providing information, documentation, and explanations. The preparation of confiz-mations will be the responsibility of the City. B. Woric Area, Telephones, Photocopying and FAX Machines The City will provide the auditor with reasonable work space, desks, and chairs. The auditor will 7 also be provided with access to telephone lines, photocopying facilities and FAX machines C. Report Preparation (CAFR) Report preparation, editing, and printing shall be the responsibility of the Auditor. VI. PROPOSAL REQUIREMENTS A. Oenerai Regaairerrzents 1. Time will be made available to Audit Firms for anon-site visit should one be desired. ?. Inquiries Inquiries concerning the request for proposals and the subject of the request for proposals must be made to: Bonnie Burton, Finance Director/Treasurer 5755 Country Club Road Shorewood, MN 55331 952/474-3236 bburton@ci.shorewood.mn.us 3. Submission of Proposals The following material is required to be received by September 30, 2008 for a proposing firm to be considered: a. A master copy (so marked) of a Technical Proposal and four copies to include the following: Title Page Title page showing the request for proposals subject; the firm's name; the name, address, and telephone number of the contact person; and the date of the proposal. ii. Table of Contents iii. Transmittal Letter 8 A signed letter of transmittal briefly stating the proposer's understanding of the work to be done, the commitment to perform the work within the time period, a statement why the fine believes it to be best qualified to perform the engagement and a statement that the proposal is a firni and in evocable offer for 90 days. iv. Detailed Proposal The detailed proposal should follow the order set forth in Section VI B of this request for proposals. b. Proposers should send the completed proposal to the following address: Bombe Burton, Fizlance Director/Treasurer 5755 Countzy Club Road Shorewood, MN 55331 952/474-3236 bburton@ci.shorewood.mn.us ~, Pr®posal 1. General Requirements The purpose of the Proposal is to demonstrate the qualifications, competence and capacity of the firn-zs seeking to undertake an independent audit of the City of Shorewood in conformity with the requirements of this request for proposals. As such, the substance of proposals will carry more weight than their form or manner of presentation. The Technical Proposal should demonstrate the qualifications of the firnl and of the particular staff to be assigned to this engagement. It should also specify an audit approach that will meet the request for proposals requirements. The Proposal should address all the points outlined in the request for proposals. The Proposal should be prepared simply and economically, providing a straightforward, concise description of the proposer's capabilities to satisfy the requirements of the request for proposals. While additional data maybe presented, the following subjects, items No. 2 through 10, must be included. They represent the criteria against which the proposal will be evaluated. 2. Independence 9 The firm should provide an affirnZative statement that is independent of the City as defined by generally accepted auditing standards/the U.S. General Accounting Office's Govenzment Auditing Standards (2007). The finds should also list and describe the firm's professional relationship involving the City or any of its agencies for the past five (5) years, together with a statement explaining why such relationships do not constitute a conflict of interest relative to performing the proposed audit. In addition, the firm shall give the City written notice of any professional relationships entered into during the period of this agreement. 3. License to Practice in Mimnesota An affirmative statement should be included that the firm and all assigned lcey professional staff are properly registered and licensed to practice in Minnesota. 4. Finm Qualifications and Experience The proposer should state the size of the fine, the size of the firnl's governmental audit staff, the location of the office from which the work on this engagement is to be performed and the number and nature of the professional staff to be employed in this engagement on a frill-time basis and the number and nature of the staff to be so employed on a part-time basis. If the proposer is a j oint venture or consortium, the qualifications of each firm comprising the joint venture or consortium should be separately identified and the firm that is to serve as the principal auditor should be noted, if applicable. The firm is also required to submit a copy of the report on its most recent external quality control review, with a statement whether that quality control review included a review of specific government engagements. The firm shall also provide infornation on the results of any federal or state desk reviews or field reviews of its audits during the past three (3}years. In addition, the firm shall provide information on the circumstances and status of any disciplinary action taken or pending against the firm during the past three (3) years with state regulatory bodies or professional organizations. Partner, Supervisory and Staff Qualifications and Experience 10 Identify the principal supervisory and management staff, including engagement partners, managers, other supervisors and specialists, who would be assigned to the engagement. Indicate whether each such person is registered or licensed to practice as a certified public accountant in Minnesota. Provide information on the government auditing experience of each person, including information on relevant continuing professional education for the past three (3) years and membership in professional organizations relevant to the performance of this audit. Provide as much information as possible regarding the number, qualifications, experience and training, including relevant continuing professional education, of the specific staff to be assigned to this engagement. Indicate how the quality of staff over the teen of the agreement will be assured. Engagement partners, managers, other assigned staffmaybe changed if those personnel leave the firm, are promoted, or are assigned to another office; provided that the replacements have substantially the same or better qualifications or experience. The City retains the right to approve or reject replacements. 6. Similar Engagements with Other Government Entities For the firnl's office that will be assigned responsibility for the audit, list the most significant engagements performed in the last five years that are similar to the engagement described in this request for proposal. These engagements should be ranked on the basis of total staff hours. Indicate the scope of work, date, engagement partners, total hours, and the name and telephone number of the principal client contact. 7. Specific Audit Approach The proposal should set forth a work plan, including an explanation of the audit methodology to be followed, to perform the services required in Section II of this request for proposal. In developing the work plan, reference should be made to such sources of information as the City's budget and related materials, organizational charts, manuals and programs, and financial and other management information systems. Proposers will be required to provide the following information on their audit approach: a. Proposed segmentation of the engagement 11 b. Level of staff and number of hours to be assigned to each proposed segment of the engagement c. Sample size and the extent to which statistical sampling is to be used in the engagement 8. Identification of Anticipated Potential Audit Problems The proposal should identify and describe any anticipated potential audit problems, the firnl's approach to resolving these problems and any special assistance that will be requested from the City. 9. Report Format The proposal should include sample fornlats for regttired reports. ~C. ~D®llar C®st old 1. Total All-Inclusive Maximum Price The dollar cost bid should contain all pricing information relative to performing the audit engagement as described in this request for proposal. The total all-inclusive maximum price to be bid is to contain all direct and indirect costs including all out-of-pocket expenses. The City will not be responsible for expenses incurred in preparing and submitting the proposal. Such costs should not be included in the proposal. 2. Ttldicate rates by partner, manager, supervisory and staff level times and hours anticipated for each. The dollar-cost bid should include a schedule of professional fees and expenses, presented in the format provided in Attachment B, that supports the total all-inclusive maximum price. 3. All estimated out-of-pocket expenses to be reimbursed should be presented in the forniat provided in Attachment B. All expense reimbursements will be charged against the total all-inclusive maximum price submitted by the firm. 4. Rates for Additional Professional Services If it should become necessary for the City to request the auditor to render any additional services to either supplement the services requested in this RFP or to perform additional work as a result of the specific recommendations 12 included in any report issued on this engagement, then such additional work shall be performed only if set forth in an addendum to t11e contract between the City and the firn1. Any such additional work agreed to between the City and the fine shall be performed at the same rates set forth in the schedule of fees and expenses included in the dollar cost bid. Manner of Payment Progress payments will be made on the basis of hours of work completed during the course of the engagement and out-of-pocket expenses incurred in accordance with the firm's dollar cost bid proposal. hlterim billing shall cover a period of not less than a calendar month. VII. EVALUA'T'ION PROCEDURES A. Audito~• Selection CoarbBnittee Proposals submitted maybe evaluated by the Auditor Selection Committee, and subsequently by the Shorewood City Council. The City of Shorewood reserves the right to retain all proposals submitted and use any idea in a proposal regardless of whether that proposal is selected. $. Evaluation. Criteria Proposals will be evaluated using three sets of criteria. Firn1s meeting the mandatory criteria will have their proposals evaluated and scored for both technical qualifications and price. The following represent the principal selection criteria which will be considered during the evaluation process. Mandatory Elements The audit firm is independent and licensed to practice in MiruZesota. b. The fii-~n has no conflict of interest with regard to any other work performed by the firm for the City. c. The firm adheres to the instntctions in this request for proposal on preparing and submitting the proposal. d. The firm submits a copy of its last external quality control review report and the firm has a record of quality audit work. 13 2. Technical Qualifications a. Expertise and Experience 1. The firm's past experience and performance on comparable goverlment engagements. 2. The quality of the firm's professional persomnel to be assigned to the engagement and the quality of the firm's management support personnel to be available for technical consultation. b. Audit Approach 1. Adequacy of a proposed staffing plan for various segments of the engagement. 2. Adequacy of sampling techniques. 3. Adequacy of analytical procedures. 3. Price Please complete Attachment B. C. ®ral Presentations During the evaluation process the City may, at its discretion, request any one or all firnls to make oral presentations. Such presentations will provide firms with an opportunity to answer any questions the City may have on a firm's proposal. D. Final Selection The Audit Selection Committee will recommend to the City Council the appointment of an independent CPA firm judged to be the most responsive and responsible proposer, for the auditing services requested. The final decision with respect to the appointment will be made by the City Council. E. Right to Reject Proposals Submission of a proposal indicates acceptance by the firnl of the conditions contained in this request for proposal unless clearly and specifically noted in the proposal submitted and confirnled in the engagement letter between the City and the firm selected. The City of Shorewood reserves the right without prejudice to reject any or all proposals. 14 ATTACHME~I'I' A PROP®SER WAI2RAI~tTIES A. Proposer warrants that it is willing and able to comply with State of Minnesota laws with respect to foreign (non-state) corporations. B. Proposer wan ants that it is willing and able to obtain an errors and omissions insurance policy providing a pntdent amount of coverage for the willful or negligent acts, or omissions of any officers, employees or agents thereof. C. Proposer warrants that it will not delegate or subcontract its responsibilities under an agreement without the prior written permission of the City. D. Proposer warrants that all information provided by it in connection with this proposal is tzlte and accurate. Signature of Official: Name (typed): Title: Finn: Date: A ATTACHMENT D SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR 'THE AUDIT OF THE 2008 FINANCIAL STATEMENTS STANDARD QUOTED HOURLY HOURLY HOURS RATES RATES TOTAL PARTNERS MANAGERS SUPERVISORY STAFF STAFF OTHER (SPECIFY) SUBTOTAL OUT-OF-POCKET EXPENSES (SPECIFY) TOTAL NOT-TO-EXCEED COST FOR THE 2008 AUDIT B SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOIE 'THE AI7DI'I' OF THE 2009 FII~TANCIAL S'I'ATEIYIEI~'I'S STANDARD QUOTED HOURLY HOURLY HOURS RATES RATES TOTAL PARTNERS MANAGERS SUPERVISORY STAFF STAFF OTHER (SPECIFY) SUBTOTAL OUT-OF-POCKET EXPENSES (SPECIFY) TOTAL NOT-TO-EXCEED COST FOR THE 2009 AUDIT B SCHEDULE OF PROFESSIONAL FEES AND E~iPENSES FOR THE AUDIT' OF THE 2010 FINANTCIAL S'I'ATEIVIENTS STANDARD QUOTED HOURLY HOURLY HOURS RATES RATES TOTAL PARTNERS MANAGERS SUPERVISORY STAFF STAFF OTHER (SPECIFY) SUBTOTAL OUT-OF-POCKET EXPENSES (SPECIFY) TOTAL NOT-TO-EXCEED COST FOR THE 2010 AUDIT B suMMa~~ scxE~ULE YEAR 2008 2009 2010 NOT-TO-EXCEED AMOUNT GRAND TOTAL B ®D-R-A-F-T- ORDER FOR TO SECURE HAZARDOUS BUILDING CITY OF SHOREWOOD IN THE MATTER OF HAZARDOUS BUILDING LOCATED AT 21045 IVY LANE Legally described as "Lot 8, Block 9, Minnetonka Manor, Hemlepin County, Mimlesota". To: Muriel C. Lindberg 1) Pursuant to Minnesota Statutes Sections 463.15 to 463.261, the Council of the City of Shorewood, having duly considered the matter and finding the above-described building to be a hazardous building does hereby order the building to be immediately secured. 2) Pursuant to the previously adopted findings and in accordance with Minnesota Statutes Sections 463.251, the Council hereby orders the record owners of the above hazardous building to secure the building fiom open access or trespass and make such building safe and not detrimental to the public health, welfare and safety. Either such repairs to secure the premises shall be completed within ten days of the service of this Order or the building shall be secured by the City of Shorewood and all costs related thereto shall be assessed against the property. Adopted by the City Council of the City of Shorewood this 25ti' day of August, 2008. CITY OF SHOREWOOD By: Christine Lizee, Mayor Brian Heck, City Administrator/Clerk -1- ~ , a ~D-R-A-F-T- ORDER FOR REMOVAL OR REPAIR CITY OF SHOREWOOD IN THE MATTER OF HAZARDOUS BUILDING LOCATED AT 21045 IVY LANE Legally described as "Lot 8, Block 9, Mizmetonka Manor, Hemlepin County, Mimnesota". To: Muriel C. Lindberg 1) Pursuant to Minnesota Statutes Sections 463.15 to 463.261, the Council of the City of Shorewood, having duly considered the matter, finds the above-described building to be a hazardous building for the following reasons: (a) Fire-damaged wood and structural deficiencies, including rafters, floors, headers, studs, siding sheathing and joists. (b) Building is dilapidated, windows broken, windows boarded over, building has fire damage and is a hazard. (c) House and garage have rodent harborage. (d) House is not secure fiom entry and is an attractive nuisance. (e) Electrical service is discomiected; well has not been properly abandoned. (f) Trash, unlicensed vehicle and trash in and around premises. 2) Pursuant to the foregoing findings and in accordance with Mimiesota Statutes Sections 463.15 to 463.261, the Council hereby orders the record owners of the above hazardous building to repair and make such building safe and not detrimental to the public health, welfare and safety by making the following necessary repairs: (a) Secure the building. (b) Obtain a building permit to make those repairs required to bring the building into conformance with all applicable building codes. Either such repairs shall be completed by 25 September 2008 or the building shall be razed or removed before that date. 3) The Council further orders that unless such cor~eetive action is taken or an answer is served upon the City of Shorewood and filed in the office of the Clerk of District Court of Hemiepin County, Mimlesota by 25 September 2008, a motion for summ~ary enforcement of this order will be made to the District Court of Hemlepill County. -1- 4) The Council further orders that if the City of Shorewood is compelled to take any corrective action herein, all necessary costs incurred by the City will be assessed against the real estate concerned and collected in accordance with Minnesota Statutes Section 463.22. 5) The Mayor, City Clerk, City Attorney and other officers and employees of the City are authorized and directed to take such action, prepare, sign and serve such papers as are necessary to comply with this Order and to assess the costs thereof against the real estate described above for collection along with taxes. Adopted by the City Council of the City of Shorewood this 25`t' day of August, 2008. CITY OF SHOREWOOD By: Cluistine Lizee, Mayor Brian Heck, City Admilustrator/Clerk -2- s~j~x~wooD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331-8927 • (952) 474-3236 FAX (952) 474-0128 ®www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us MEMORANDUM TO: Mayor and City Council Brian Heck, City Administrator FROM: James Landini, City Engineer DATE: August 21, 2008 RE: Accepting Low Quote and Awarding Contract to Successful Low Quoter Attachment 1 is the Quote Tabulation for the 2008 Pavement Marking Project which were opened and tabulated on August 20, 2008. In 2008 we are striping 53,557 linear feet of street, six intersections and miscellaneous crosswalks. The striping is needed due to the existing paint wearing off or other. maintenance projects removing/covering the stripes. Attachment 2 demonstrates the locations of work. The low quoter is Traffic Marking Service in the amount of $7,667.83. Based on other quotes received, it appears that the costs .for this project are reasonable. This project will be funded by the Streets & Roadways Operating Budget which has $11,500 budgeted for 2008. Recommendation Staff recommends the contract for the 2008 Pavement Markings be awarded to Pavement Marking Service in the amount of $7,667.83. ®s ~®«® PRINTED ON RECYCLED PAPER icA City of Shorewood Quote Tabulation Pavement Marking Project City Project No. 08-10 Quotes Opened: August 20, 2008, 10:00 A.M. City of Shorewood Engineer: James Landini No Quoter Quote 1 Traffic Marking Service $7,667.83 2 AAA Striping Service $12,628.31 3 Twin City Striping $8,606.02 4 Twin Cit As halt 5 6 7 8 9 10 11 12 13 14 15 Attachment #1 a 0 ae s m, _° ~ ~~ ~ A 5 ~ go : a ~I ~ ~ m ~ .~ ~` a ~ ~ a wamp OLD MARKET RD w 3 K ~ E ~ S y S 0 ^P ~' INTERSECTION aIHwy.7 (see intersection deiell) VINE HILL RD BROM'S BLVD a g=? i. sxbor mono a1 z. snnar islPxo ra s. sxnor isieao mF Eu S. sHaor iauaoa ~~ y"+ro o a C ~ Y OF a ~ e ~ ~, SHCiREW00~ ~ F "` is ° 6 G~ , INTERSECTION al Hwy. 7 see (nterse°Oon dotal ( ) gad ., a gew 5~~o 5~ N ~o~ o e ~ 2 ~~~ I D a.' -~5 ~ ~ ~, ~ ~,~ ~ i/' (~ Irv ° 3~" ~ ~ ~ ~ ~ i J ~ ~~ Z°z p s ~ - a . r ~ /f `~ 0.y ~~~~ ~' ° g ~ I ~vl ~e j MINNEWASHTA ELEM. SCHOOL P ~P ~ e..ol CROSSWALI(SeWnE5iaa7'13bER~56WNFE5 y ~p e~~' § :r ~ ~ ~ 5 Iwp1<1 5 4 .~` es6r °~ e« a r:°no w ~ ~~` ~ a k ¢ 3 ~ m e o k~ .o, ~ ) Utas as ~_~ ~ soh ~~ &O ~ w a ~ "a [P ~ ~ ~ OO CHRISTMAS TAKE RD ~ aaua„T N0 n P ~ ~ ~ s ner0 d 8 aE e r~ w F O~oO INTERSECTION al Hwy. 7 ( / " ~ c ~ ~ ~cr° °BS ~ '" ,oa ~ " (see fnterseclion detail) SS ~ ' VINE HILL RD itie Lf Pnouble Salk Llrs ()a4'wlalea 1 - E~,t xa"" ~ Q )-- e ~,aoo ;An T D o S e D ~ r 5 ~ 6 Pa ~~ } u[ ~ Ma u ~~ J i b"~ eU j~..~rv ~O O^ 1 s+mr a ~'~bo I ~-~ ~ ry J v '~ 0 ~ ~ A ~ ~ eJ /`- 1U nos[ s v 5 ~R o ~ 5 waaPo °roa p ~`/~ /~ d r 8 ~ ~\ ~~~e °X ~.„ .ut ~ fig. t9 ~ ~ry~a' ~0~ ~ N tt M , y ~ n ~ iII ~ t' WH Si Pi( 4 ~ ~ V 45te tF 4'eolitl Edpe ten(wM1de alea~ EMaa1CoUU~on q. ~ Y ~ W C Z C Z a »aoro, w . w _ e a y e No ~~ aw., c crw°. ac ~ ' ~1 ~, 9 4~ o ~ s~" ~ CHRISTMAS LAKE RD °~ ~0 1 ~ P~ cw ~ aaum ~' u ~ s ~ ~ N'ex / ~ F' ~ g „ _ ~ r~ 5 4 ~P,au ~ a v`P" J r a wwn OWN ~ O > / 5 ey 0625 LFa'eoUNa lAelribw Muj 9 $ ~ on w• ~<4w a ~ e, eNIF 4'eolid Etlge LL+e psMe httal xo "Wp ~~ O 78LF bold tlra ryAOe laleq 0~90DlFS~Ca RDel Ntlow ktnl O swmw 3 r~ ^a Eet~n pp MhNekml a 9 nxt wXr E ~ ~ gll- RADISSON RD ~ ~n'7IIV// PSO LFYDOWN SORAt'relYxlnr Wa+l 40 '~ S a rain, Maa u SMITHTOWN RD 1~1 ~^Wr° g ~ r } na ¢ ~ uw 1kee LF 4•pauble eolk lire (}eamvkleet ~ rd` O 4 a d lsawiF a• u s'` ~ ~ 0 z Lil O W ~ O Q >> d W ~ sOOa Eepe nalxnue iatxt ~ µ ~ - OLD MARKETRD a a =-~ ~ e 2 p ~ " e ~ saroEFCOOweso~aLUxlw~«ki~.l ~ ~ xs v i ~ a ~ ~ c $ a V _ VINE HILL RD ~ gg p n (e'a ~~ cs y11µ wPir~. aarc[ ~ ~ 1400 1F 4'eoHd EEAa lielwhMe 1 ~ ~' L yaae~' ~~,yp ~ ~ r„~ ex~ncns va t c ~ y 1'- ,,,n. /w '~ a Us F ~ ~a 9 ~51P n ~ ~ ~ 1. CHESiNUI rE0. ~~~ ~~~~M'U srcKa a 3 yp~pq¢ a ~ ~ e~ s. warcxtY aH. ~ . "•r ~ J'i ~ ° F ° rdW n4 a' ~y W ~ s a ~ 4' ~ 4 a x~AE~i Pr. k P s"vpapa d € ~ ~ ~ gxe i ~ "¢ Hsu ~ d u W4 fir. ~ 5. CHE$1NUa Csi, d p a aP[0LF 4'Brokan lkelnaCl O O ~ -+- N (~ "'~' 61X0 n ' EUREKARD ,~,,, t. xrswiEV cm, ""` IMERSECTION aIH 7 LAKE LINDEN OR wy~ INTERSECTION aI Hwy,1 COVINGTON RD (sea lnlersectlon detail) YELLOWSTONE TR (sea intersection tlelall) saroLF n•oaude soxd Lie (wikwlaim.) EUREKA RD is~tFCOoOna smia Lka(~es>xon:t ucLFa•sinpw said uaelwaelwal tae LFa'Binpleaolk Line(ydlaniatea) ~V9'eauble SOlk t'metyabxhha) LAKE LINDEN DR 40LFCEr6ienettlpe(wMklaleat notF a• saedv4a Lu,e trmaakm Q. Q t 7fe0 LF 4' Cwbleeafq tlrR tyMlowlAer l e •- U W 7 a PROJECT VIEW ~` a, Attachment #2 Clly of Shore«cod Depts. °! Public Works and Engineering 5755 Country Club Fd Shorewood MN, 55331 952.474.3236 CITY PROJECT N0. 08 - 10 SHEET ~ OF 1 SHEETS' SEJREWOOD 5755 COUNTRY CLUB ROAD ° SHOREWOOD, MINNESOTA 55331-8927 • (952) 474-3236 FAX (952) 474-0128 ° www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us MEMORANDUM TO: Mayor and City Council Brian Heck, Acting City Administrator FROM: James Landini, City Engineer ~"' ~ DATE: July 24, 2008 RE: Proposed Change Order for the Water Meter Replacement Project City Project 07-04 On May 29, 2007, the Shorewood City Council awarded the contract for replacement of a portion of the city's water meters and automated system to Northern Water Works. At the July 28, 2008 Council Work Session staff was directed to pursue continuing the water meter replacement project. Attached is a proposed change order that will continue the project with a second phase. Currently 50% of the system has been replaced. Change order 2 will replace an additional 20% of the system. It is projected that this next phase will take less than six months to complete. The remainder of the system will be budgeted and replaced in the future. Attachment 1 is a Resolution and a copy of the proposed Change Order 2. The total proposed change to the contract is $74,900.34. Staff budgeted $75,000.00, as part of the 2008 operating budget to continue the meter replacement. Recommendation Staff recommends approval of a resolution that approves change order 2 for the Water Meter Replacement Project. ~®«® PRINTED ON RECYCLED PAPER I ~ ~~ CITY OF SHOREWOOD RESOLUTION NO. 08- A RESOLUTION APPROVING A CHANGE ORDER 2 FOR THE RADIO READ WATER METER PROJECT, CITY PROJECT N0.07-04 WHEREAS, on May 29, 2007, the City of Shorewood entered into a contract for construction with Northern Water Works for the Radio Read Meter, Software Installation and Appurtenances Project, City Project No. 07-04; and WHEREAS, the City Engineer has prepared Change Order 2 attached hereto as Exhibit A, for revisions to the original contract; and WHEREAS, the City Council has reviewed said Change Order and found it to be cost effective for the project. NOW, THEREFORE BE IT RESOLVED by the City of Shorewood to approve Change Order Number 2 with Northern Water Works, that incorporates services outlined in Change Order 2, attached hereto as Exhibits A. ADOPTED by the City Council of the City of Shorewood this 25th day of August, 2008. ATTEST: Christine Lizee, Mayor Brian Heck, City Administrator/Clerk Attachment #1 FI116-1r~-~O~lB~TUE~ 14.4 Ci,~~iFSlPdnr-therrl itiater llior-ks ~FN~{~~635601 t'39 P. iaQ1lQG~ .:L~, .11."1=. 11-~>'k'.:;._;ii.,isir:'f:„,IfV:y14:wI:'?~il;:'y.>~~°s',lii}?~I'... .~. ,~:~'i41~GlQ~: OwNER- ._ .. ..~ir.~ ~:' v .b 1 .. r~1. 1k.¢r,1: "~'a_•t: •'?A:tYi{.QcA{.: ~ ...."_:~ .;~,: t!xnl.,fif/xkhtl. a~x.. ":"'° ~ '~' u ,.yl`~ . i 1 Ks> CITY aF`SHORE`ftJOOD,y f ry ~u~fdadd F ~+ _ 14 t-ns r~J ltiif . t:t 559 CCit'lg~g~'!2~`~`L`Ua~R~`'?,t~Pr-I1?~,I{,t`i~ti;{~'!„ ,r'IhSHC1REWOOD.~MNa, ~¢b337i~ad'~NhalRU iMfuilt~ ~ 4~ d 1'1 7{n!`;J'e {~'1'~Jlf- !.~ { ~Ij,;;~i^,llE,~,:cac.,y'. f':, t .. ~~ Is If.t t~6IN1 ~f4r Jr(M'I lic iyl , la rL1\ 44 2.,dE ~3j id.~ ; , CONTFtACTDR: ^ r, 1cea. ' .. ~~ ~i`i .~, .:...7~.a, n.dl .q...+:,:.b.hy1:~'~yl~"G.S'f :: jl:`;'1 n_:,n;t Ali ~° .,.tnrru:9~~iYk NORI'HERNiWATER WOFtK~.$UpPI.Y~ ,~In~,~ ~' ~~!;kl~f i,;y,~ ~~~4,~C~6~'k~IAVE~~~')11~~'t,,~~,.1 ~t ~.;15~x yl~t, tlll_r~l~klit"k+Ih,Nb I~IIa.r BLAI. h'+e*l+,ryr`~~Nk.7i~"tfr6Ya~~ o,li ~glbcr Is ill ,~ {r,i!«{~{~Ft,;ilrti. t .:~!~,~, I Mih {~. ,f;Y;~t~~ •Jr.,ud! ~ Ga, l,rrL, ~d I IIn lAil { rti j q !i«l,s;;npnft..liyK. t. idt ka«. :~.,.. ..Mll ti~h"{"~~.~. .-I,rM„ix. h1: YC3lJ A~t~ 171F~~C7i=C17C~ MAKE THE FQLLC'yWINC~ CHANGES IN THE CONTRACT DDC4lMENT D~$~FlIP71gN: : 'r '! n. it> .i`1!,. i"!it: "£f'it4llltita~:~a!i'r1``iriw'tir•rkiail¢;.~.ss,{3u(°1i~~4~:. ,'.r:"S~`^`viite 'Intrtls~~0,f}Se'q ~ llt "/,(tia#~Iled,57$, X:314 ,.~ItS tun~~f;-Cad~X;R9aal, 8 $r etfbisss=t "i::. '':r, t"~ ,_.__.._.... ..... U,..~__....~ ~_......_ :.............:......,.,,...P.......... ,.. ..W ~ Rl.. ... I!tC1a,~.gc4,4.r7~~:tit~...,..::sc.r.,, ~ ,..>~~,s..,,§~cl..., . , ., .-,:~>~~..;.a::,,,, ., 'dd:,,..~,,:,.,~c,, r.~a.:a~:t lT i$ UNDERSTOOp THAT Th11S CHAN~,~ C7Rt?Eft lNOLUDES ALL ADD1TlONAL COSTS AND TIME F~(TENSIt~N$ W1~lICh# A~t~ IN ANY WAY, SHAPE, OR FORM ASSOOIATI*0 WETH THC* WQFtIC ELEMENTS Of:SCI~IBf=t} ABOVE. i CHANGE iN CONTRA+T PRICE: CHANGE iN CONTRACT TIME: C}RtO1NAl CONTRACT PI21GP: I!~lt;,ii,3285;29Si~8; ORIGINAL CC7NTRACTTCME=! ,:,'~2t3pl~p~L' ~`'`' PREVIC7U$ CHANGE ORDERS: 'ia'ilifl~i~:ilC~il:e:~i%i::;p:y~:::j ;%:~il:gi~.~+J~.7~,'~1.7a '! ' N67 CHANGE FRtSM ARt<VIQUaw CHANGE ORDERS: ~ *'!:'Is:S!1~.!'.~~ ~w'v.'1;:;~ ;`";~'J{{I~t;1I11E'i~~!~' l I CONTRACT PRICE PRIOR TO Tf~tl~u GRANDE ORDER: r:...u l•,„x.nn ~' ", ': ~ : , : :: 'i ' ' ` ' ,;,,,,:i:; I~~y{;M:P~~. r.',:: 'ir;~~~'~$Z1^~;!IF5:21; ' " ' CONTRACTTfME PRIOR TO TI-il5 CHANGE ORDER: ;;it: ",ra,,, y&=ta ro. : ;~~la: I"~"1'~7~t1C171~'!~i lilf L' ' ~ ;, , ,:I :l,r v : H~::.1 YIYlJ;:I!f1rv;1. "~A51k:+1 :i C ~ :l i ll{ Y.bzt. .:1 ~', , _>r14f f,~.....,, ... .: ;.if;:,:,,i,::..::..I :.. .I•y,; 4iI'.. .?!'I ...:':4t:I,;;;. ;iE~ y ,t;,. ~13~,~,3'nuulin:~ ' ;:{NORE' ElDE+~'REA8E OF TMtB~CtaANC>r' O DER:';" ~ ~:";. 4N~,....,.,,._:~':,..,..~.. ~? ... ~i''~'~I'i~.jv,:a:~; ,'$Z 940.34: ~..:.~,,:, .............,.,~,., .........,......,.....,.. ,,... ,. t . . .. .. r: '~i ET INO REASEOFCHANC,EORDER: l l. 1, , , l 4 ~ ,. :"t1FSt~"4 ~ '~?~~~~31.4~t?p~~,,~y ~ OONTRACT PRICE W{TH ALL APPROV>D CHANCE CR . ,. l ..,, .,, id';Sar:;,r?.x,t4';r:'.S:~ilku lisp DEft~: I~;`~'i;~;$~~7y(1~~t~,5„ CONTt~ACT TIME WITH APPROVED CHANGE 4RDERS d;v;z:v.a .j , a .. ~ 4 :1:.~"~'. "i'r ,'<<' `;k:1°~3/1/2009+;I;aa;; RECOMMENt~+=D f3Y: ~~~ -, ,. ,, ~:.:w ;f,"€;;,,,a~, iii:ljiiJAMESILA!'~4jNhcPE~;,C.+I_~'~.E,~411!~~~~,~i. ,';_,r.,,,l~~.. ~' DATE ^' APPROVtD BY: CQNTRACTCif~ IGNATUI~l± tl ;a'+P-'sip'!>a.11'ark„+::ta;;:t~{VORTFIERtaJ:UVAT~RUVORIC'a~SllPPLYt;:~;iiK;;~ s~k^:;':iciC" '..,s' CONTRACTOR APPROVED BY: ~ MRYOR CHRIS LJZEE C7ATE CITY AC1MIMiSTF~ATC7R DATE StiPdCNft DAfdiflBdYDefafErtQinoQrinpll[h17l3ddf wnlarmafo~4daci,t~7hp~pc dRfp1'?,xlF4`C11 F11JG-19-c~]0~(TIJE) 1r~.4~3 C1~ui~~~hlr~r°tMern ~Jet~'r ~r1or-k~ (FA}'17F~3FFtJ1T~~3 P. aCi2~002 • „r~r., .,~, ;T'.~y~pl~iRi~" ' ;tsa( ,p:'.`i2,'Sa ¢.? w.,n~.~%>~ Pre. dyti;i' "fs°,ni,_~~- y;n r ,~ zav-SS4~A&!`YM .ws~.',~1,~~t'~A! '~Ir' ''. $. t '~~`,~''~.''"~''•2h;.i~~# 4 1fS'~* SF m 'k;?i#rj :`;t i'W:~` ~. ~ ~ ~ ~ 3 n ~~~. ~ ~ L"u«: .;1 s y.~'. 4'}+.~- eY,t `~y ''z' ` h N~ $ ~ ~ ~7 'I" 4"" '{:t 3D ~' ~ „ H,1 & j ~ - i ~t'r„~u` ~`~"`S`v''~"'~«~~~.a`l~fiQ:6~~!!tPrk; `RV 4 141^~~q~IRw~ ~ ~t~'~~~pL~~~Siryl~d~K~~#Itdk~~d'~~~i~•~Nef'Y;3@L.~i~,~,. a~~6~i~St ~i1!~#`i~a~~ ~'~~~ ~~ ~ ~ ~l~f~'~:C~ "+,,: ~;~ r k , ~;..~..~e: i~~ + c ;~ ~U '~ ~~f4, i .f,,~~1~Y k~~ ~ :°~,~4~vis <'~+~i3 n;~rf th ~~?es~sita~nuie~szwr .:.. ~ez:sz~~A~.w - •."z#;nt7';- ~t ,al..sa„ ~la~ , .~' <u:e~.r.~a:...au. ~ lsa~.~a~wn~tFe~>n t~' .~~u~r~. ,:z, ~,ii,s?"~ ~,ee?ic. KiAd1C} 32EAd WATEi2 METER PRt3JECT August 19, 2i)08 CITY PROJECT Nt). 07-04 CITY t~F 5H(~REwQC~f7 ADDED ITEiU15 Item No. Mat. No. Deacrtptlan qty. _ Unlt Price Ezlnnded Amount 1 Furnish and lnstsll new S18" x 3l4" Me1er', 279 Etch ~ ?68.dB $74,649,4 Neptune t 10 E-~adeC R699i TQTA,I_ ADDED ITEMS GRANGE +t7R>~ER NO. ~ DELETED ITEMS ~7a,~t7a.s4 Item Na. Met, No. gascriptlan G7ty Unit. prloe ~xtandad Amount 7ClTAL DELETED ITEMS ORANGE ORDER NO~ 1 TOTAL ADJUSTMENT TO ORIGINAL.Gt~NTRACT AMOUNT $O.t)0 $74,9t}t?.34 S:IPICRFI~iRR~I/#oI GalAt~#lQ+nuarlnQt7t10712d01 watarrtteteriddddlGAdd~6 OYfIBf 7.3'IBCD 7 P9tRt! ~~~ ~:F August 14, 2008 City of Shorewood Attn: Larry Brown & James Landini Re: Northern Water Works Supply & Neptune 2008 Price Proposal for "Phase 2" Dear Mr Brown & Mr Landini, Northern Water Works Supply is pleased to provide the following proposal for the Neptune E-coder)R900i meter & Installation for the City of Shorewood, MN. Due to the rising material, labor and fuel prices we can hold our prices for Phase 2 of this project, through 2008. Below are the proposed prices for 2008. 2008 Proposed Prices; 5/8" x 3/a" Neptune E-coder)R900i $ 207.00 ea. 6.5% Sales Tax $ 13.46 ea. Labor to Schedule & Install $ 48.00 ea. Sub-Total $ 268.46 ea. Quantity x 279 Total $ 74,900.34 Respectfully, Todd Phillips NWWS I SH~REWOOD 5755 COUNTRY CLUB ROAD s SHOREWOOD, MINNESOTA 55331-8927 d (952) 474-3236 FAX (952) 474-0128 ®www.ci.shorewood.mn.us ~ cityhall@ci.shorewood.mn.us MEMORANDUM TO: Mayor and City Council Brian Heck, City Administrator FROM: James Landini, City Engineer DATE: August 20, 2008 RE: Accept Proposal for the Design Services to Reconstruct Lift Station 15 As part of the 2008 Goals and Priorities the design portion of reconstructing Lift Station 15 is due. Attachment 1 is the proposal provided by WSB and Associates, Inc. for the reconstruction of Lift Station 15. Staff received the proposed contract amount of $29,556.00. If approved, this will be fimded by the Sanitary Sewer Fund. Lift Station 15 is located at the intersection of Enchanted Point and Enchanted Lane. It is the last Lift Station on the island system and receives all the flow from the islands before discharging to the Met Council owned system. The lift station has been identified as having an inflow of ground water which will be addressed in the reconstruction project. The design will be completed within six months to reconstruct in 2009. Staff budgeted $28,000 in the 2008 budget for the project. The design portion of the proposal that will be completed in 2008 is $20,301.00. The construction phase of $9,255.00 will be included in the 2009 budget. Recommendation Staff recommends approval of a motion that accepts the proposal provided by WSB and Associates, Inc. for designing the Reconstruction of Lift Station 15. ®s ~®r0 PRINTED ON RECYCLED PAPER YY ~.7 ~~ a-~s~>c~t~r«~,~. tnt~. Infrastructure ^ Engineering ^ Planning ^ Construction 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763 541-4800 Fax: 763 541-1700 August 20, 2008 Mr. Larry Brown, PE Public Works Director City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Proposal to Provide Design, Bidding and Construction Phase Engineering Services for Reconstruction of Lift Stations No. 15 City of Shorewood, MN Dear Mr. Brown: WSB & Associates, Inc, is pleased to provide you with the attached proposal for engineering services to assist the City of Shorewood with the design, bidding and reconstruction of Sanitary Lift Station No. 15. For this project, Kevin Newman, PE will serve as the Project Manager and will be assisted by Joe Ward, PE as Project Engineer. Mr. Newman has over 15 years experience in the Water/Wastewater industry and has worked on many similar lift station projects. Dave Hutton will continue to serve as the overall Client Manager for the City of Shorewood. Mr. Hutton's role on this project will be to provide oversight and quality assurance. Mr. Hutton will remain involved to the level necessary to ensure that the project will be completed on time and within budget, and will be of the highest quality. We have supplemented these key members with the appropriate support staff of engineers, who have experience in the planning and design of sanitary sewer lift stations to provide you with a team that can meet your goals for this project. If you are in agreement with the project understanding, scope of services and fee outlined on the following pages, please have the City signature block of this letter signed and return a copy to WSB. Our receipt of an executed copy will be WSB's authorization to proceed. Should the City request additional services outside of the above scope of services, we will work with you to revise the scope and fee accordingly. M.~IWaterWastewaterlSlzorewoodlSHWD LS 15 TemplDesign Proposal LTR-LBrowiz-082008.doc Attachment #1 Larry Brown, PE, City of Shorewood August 20, 2008 Page 2 We appreciate this opportunity to assist you and your Staff in the completion of this project. If you have any questions or comments, or require any additional information, please contact us at (763) 541-4800. Sincerely, WSB & Associates, Inc. { ,~ David E. Hutton, PE !K' evin F. Newman, PE Vice President Project Manager ACCEPTED BY: City of Shorewood Name Title Date M.•IWaterWastewaterlSharewoodiSHWD LS IS TernptDesign Proposal LTR-LBrown-082008.doc Larry Brown, PE, City of Shorewood August 20, 2008 Page 3 PROJECT UNDERSTANDING The City of Shorewood has identified the need to reconstruct sanitary sewer lift station No 15. Replacement of the lift stations is needed to provide more efficient, reliable and serviceable lift stations at the sites. Based on our preliminary site meeting, it is our understanding the lift station reconstruction will generally consist of replacement of electrical and controls, submersible pumps, piping, and concrete cover slabs. Also, lift station riser sections will be coated for prevention of I/I, a crushed rock entrance road will be constructed, existing surrounding pavement will be removed and replaced, and a retaining wall will be constructed. A preliminary construction cost estimate has been included. Evaluation of the existing service area and analysis of the current wastewater flows is needed to provide a basis for determining the appropriate design flow for the new lift station. Results of the service area evaluation and recommended lift station configurations and design are to be incorporated into bidding documents for construction in 2009. SCOPE OF SERVICES Work Plan WSB's project scope and proposed work plan is based on conversation with City staff, and our extensive experience on similar projects. The following are the major tasks that will be performed in preparing the design, bidding, and construction phase services: Task 1-Project Management and Coordination Project Management is a key task included in each project undertaken by WSB. In each case, this task consists of management and administration, project coordination and communication with the City of Shorewood on the project. An effective communication plan will ensure that all elements of the project are sufficiently reviewed and addressed by the City. Deliverables: Periodic progress reports, project meeting agendas, handouts and meeting minutes. Task 2 -Preliminary Design Phase WSB will prepare a preliminary design including preliminary plans that will include the following subtasks: Task 2.1: Perform site survey for preparation of construction plans and to verify internal existing structure as-built drawings (inverts and depth with respect to top of structures). Task 2.2: Coordinate existing utility locations and potential conflict mitigation. M.•IWaterWastewaterlShorewoodiSHWD LS IS TernplDesign Proposal LTR-LBrown-082008.doc Larry Brown, PE, City of Shorewood August 20, 2008 Page 4 Tusk 2.3: Establish current and future design flows for pump capacity analysis. An estimate of the current flows will be developed using existing pumping information, as-built drawings and specifications, service area maps, personal observations and City staff input. Current flows in conjunction with estimated flows from proposed development will be used to determine the design pumping capacity of the renovated lift station. Tusk 2.4: Recommend modern methods and designs. Evaluate the size of the existing wet wells for the capacity to provide storage to meet the number of recommended pump starts and stops per hour and to provide City Staff with sufficient time to respond to a power outage or high water alarm at the lift stations. We will work closely with the City to determine the optimum lift station design that will meet the City's needs and existing City lift station standards including control panel configuration, level sensors and alarms, SCADA system interface, and standby power requirements. Task 2.5: Prepare preliminary plan view layouts and sections of the lift stations. Task 2.6: Evaluate site limitations and bypass pumping options. Task 2.7: Provide preliminary opinion of probable construction cost for replacement of the lift stations. Task 2.8: If requested, assist City Engineer with completion of government agency permits. It is assumed City Engineer will complete watershed district permit. Task 2.9: An ownership and encumbrances (O&E) report will be completed to confirm existing easements and property boundaries. Sub-consultant billings will pass through WSB with no markup. Task 2.10: Develop a schedule for final design, bidding and constructing the lift station. Task 2.11: Meet with City staff to review preliminary plans. Following review and approval of the preliminary plans, WSB will begin detailed design. Deliverables: Preliminary plans and meeting minutes for the review meeting. M.• I WaterWastetivaterlShoreivood I SHWD LS 15 Tenrp I Design Proposal LTR-LBrown-082008. doc Larry Brown, PE, City of Shorewood August 20, 2008 Page 5 Task 3 -Final Design Phase Final Plans and specifications will be prepared based on review comments of the preliminary plans and any other specific criteria provide by the City. Final Design will include the following subtasks: Task 3.1: Develop final design details of the new lift stations including wet well structures, submersible pumps, discharge valves, piping, structure coatings, and site improvements. Task 3.2: Develop details for sewage bypass pumping. Tusk 3.3: Coordinate electrical design including instrumentation and controls. WSB & Associates, Inc. will use Barr Engineering to provide the electrical design and construction services for this project. Paul Kaeding, an employee of Barr Engineering, has served as a sub-consultant to WSB on numerous lift station projects. The sub-consultant's fee is included in the fees provided in a later section. Sub-consultant billings will pass through WSB without mark-up. Task 3.9: Site Piping Design. Task 3.5: Prepare 90% plans and specifications. Task 3.6: Meet with City Staff to review 90% plans and specifications. Task 3.7: Finalize plans and specifications and submit to the City for approval to bid. Deliverables: 90% complete plans and specifications, finalized plans and specifications, meeting minutes of review meeting and final plans and specifications. Task 4 -Bidding and Contract Award Phase Services WSB's services during the bidding and contract award phase of the project will include the following subtasks: Task 4.1: Provide City copy of Bid Advertisement. Task 4.2: Provide City Bidding Documents. Task 4.3: Provide City Addenda for issuing to plan holders if required. Deliverables: Addenda if required, bidding documents, and bid advertisement. M: IWaterWastervaterlShorewoadlSHWD LS 15 TernplDesign Proposal LTR-LBrown-082008.doc Larry Brown, PE, City of Shorewood August 20, 2008 Page 6 Task 5 -Construction Phase Services WSB will provide full-service construction administration services for this project, acting as the primary contact for the contractor. Our construction phase services will include the following subtasks: Task 5.1: Attend the pre-construction meeting. Task 5.2: Perform construction staking. Task 5.3: Review and process shop drawings and submittals. Task 5.4: Review contractor-submitted construction schedule and monitor contractor's progress. Task 5.5: Address contractor's questions during construction and prepare field change directives and change orders as required. Task 5.6: Prepare a single substantial completion punch list for contractor and coordinate completion. Task 5.7: Perform periodic construction site visits, coordinate and attend progress meetings and attend the start-up meeting for the lift station. Task5.8: Prepare record drawings and final closeout paperwork. Deliverables: Preconstruction meeting minutes, Contractor's monthly partial pay estimates with letter recommending payment, progress meeting minutes, record drawings, final project closeout documentation. M.~IWaterWastewaterlShoreivoodlSHWD LS IS TemplDesign Proposal LTR-LBroivn-082008.doc Larry Brown, PE, City of Shorewood August 20, 2008 Page 7 City of Shorewood Tasks In order to complete our tasks, we will need the City to provide the following: • Provide a designated project contact person. • Provide answers to project specific questions. • Provide requested information and make decisions regarding project direction during the course of the project. • Provide record drawings of existing Lift Station No. 15 • Provide telemetry equipment and SCADA information. • Attend construction progress meetings when requested. • Procure necessary testing services as defined in the Contract Documents (including soil borings if deemed necessary). • Provide necessary easements and easement information. • Provide communication with residents and property owners. • Complete water shed district permit. Assumptions WSB tasks and estimated fees are based on the following assumptions: The existing forcemain and gravity sewer will have adequate capacity for the renovated lift station. Peak flow from the lift station may increase based on the results of the flow determination. Government review agencies will readily approve flows determined. Agencies will grant project approval and additional downstream capacity (if necessary) without requiring further study. Construction staking will be provided by WSB. Schedule It is our understanding that the City would like construction of the lift station completed by the fall of 2009. WSB will complete our tasks in a timely manner to ensure that this time table is met. M: IWaterWasteivaterlShorewoodlSHWD LS IS TemplDesign Proposal LTR-LBroivn-082008.doc Larry Brown, PE, City of Shorewood August 20, 2008 Page 8 Total Estimated Engineering Fees and Construction Cost The cost to provide the scope of services outlined in this proposal will be billed on an hourly basis based on our current hourly rates. A current hourly rates schedule can be found at the end of this section. We are proposing to complete the requested engineering services at an estimated cost of $29,556. A proposed hourly breakdown of each task by employee class is located on the following page. A breakdown of our proposed fee is as follows: Project Management Preliminary Design Phase Services Design Phase Services Bidding Phase Services Construction Phase Services Sub-consultant fee (O&E report) Sub-consultant fee (Electrical Engineering) Total Estimate for Engineering Services $752 $7,653 $5,131 $465 $9,255 $300 6 000 $29,556 M.• I WaterWastewaterlShorewoodlSHWD LS I S TeniplDesign Proposal LTR-LBrown-082008.doc ESTIMATE OF HOURS AND COST SHOREWOOD, MINNESOTA /~/~~ PROFESSIONAL SERVICES TO COMPLETE ~/j( DESIGN, BIDDING AND CONSTRUCTION PHASE SERVICES FOR SANITARY LIFT STATION NO. 15 RECONSTRUCTION 8/13/2008 Labor Cate o and Estimated Hours er Task Task Description principal Project Mana er Project En ineer Engineer Three Person Construction Office Tech V Surve Crew Observer Tech Total Hours Total Labor Cost 1 PROJECT MANAGEMENT _ _, _ j . 1.1 Project Mana ement 2 4 . ___ __ _ 6 _ ___ $ 752.00 Total estimated hours and fee for ro'ect mana ment 2 4 6 $ 752.00 2 PRELIMINARY DESIGN PHASE 1 2.1 Perform site Surve and re are back round drawin s 2 8 8 18 $ 2 186.00 2.2 Coordinate unlit locations and conflict resolution 1 4 5 $ 505.00 2.3 Establish current and future desi n flows 2 3 5 $ 530.00 2.4 Recommend modern methods and desi n of lift station 1 2 3 $ 313.00 2.5 Pre are relimina Ian view is outs and sections of the lift station 4 6 16 26 $ 2 276.00 2.6 Evaluate site limitations and b ass um in o lions 1 1 2 $ 217.00 2.7 Provide o inions of robable construction cost 2 2 $ 192.00 2.8 Permittin assistance if necessa 1 1 $ 96.00 2.9 Ownershi and encumbrances re ort 3 3 $ 363.00 2.10 Develo schedule for desi n biddin and construction 2 2 $ 242.00 2.11 Meet with Cit Staff for relimina Ian review 2 2 2 0.5 6.5 $ 733.00 Total estimated hours and fee for relimina desi n hase 2 18 21 24 8 0.5 73.5 $ 7,653.00 3 FINAL DESIGN PHASE _ 3.1 Perform final desi n of the lift station 2 8 _ 10 $ 1 010.00 3.2 Develo details for sewa e b ass um in 1 1 2 $ 217.00 3.3 Coordinate electrical desi n 1 2 3 $ 313.00 3.4 Final desi n includin site i in 1 3 4 $ 409.00 3.5 Pre are 90 % com late tans ands ecifications for Cit Staff review 1 2 4 16 2 25 $ 2 100.00 3.6 Meet with Cit Staff to review 90% com late tans ands ecifications 2 2 4 $ 434.00 3.7 Finalize tans ands ecifications and submit to the Cit 1 2 4 0.5 7.5 $ 648.00 Total estimated hours and fee for final desi n hase services 1 10 22 20 2.5 55.5 $ 5,131.00 4 BIDDING AND CONTRACT AWARD ~ ~' 4.1 Provide Cit bid advertisement 0.5 0.5 $ 60.50 4.2 Provide Cit biddin documents 0.5 0.5 1 $ 91.50 4.3 Provide Cit adenda if re wired 1 2 3 $ 313.00 Total estimated hours and fee for biddin and contract award 0 2 2 0.5 4.5 $ 465.00 5 5.1 CONSTRUCTION PHASE Attend the reconstruction meetin ' ~ 2 __ I 2 0.5 4.5 $ 465.00 5.2 Construction stakin 1 8 9 $ 1 457.00 5.3 Review and rocess sho drawin sand submittals 2 8 10 $ 1 010.00 5.4 Review contractor's schedule and monitor contractor's ro ress 1 1 1 3 $ 351.00 5.5 Address contractor's uesiions 1 3 4 $ 409.00 5.6 Pre are and coordinate unch list com letion 4 4 $ 384.00 5.7 Perform eriodic site visits, attend ro ress meetin s, and attend start-u 2 4 40 46 $ 4 466.00 5.8 Pre are record drawin sand final closeout a erwork 1 1 4 2 8 $ 713.00 Total estimated hours and fee for construction hase services 1 10 17 4 8 48 0.5 88.5 $ 9 255.00 Total estimated hours for desi n, biddin and construction 6 44 62 48 16 48 4 228 Hourl Billin Rate $ 134.00 $ 121.00 $ 96.00 $ 76.00 $ 167.00 $ 96.00 $ 62.00 Total cost b labor classification for desi n biddin ,and construction $ 804.00 $ 5,324.00 $ 5,952.00 $ 3,648.00 $ 2,672.00 $ 4 608.00 $ 248.00 $ 23,256.00 Subconsultants Ownershi and Encumbrances Re ort $ 300.00 Electrical Barr En ineerin $ 6 000.00 Total estimated fee $ 29 556.00 M:\WateNJastvraterl5horeview\LS 15 Proj Butlget VJ sht- 081308 Engineer's Opinion of Probable Construction Cost PROJECT: LIFT STAION 15 REHABILITATION LOCATION: CITY OF SHOREWOOD DATE: August 14, 2008 LINE NO. DESCRIPTION ESTIMATED COS 1 CLEARING AND GRUBBING $1,500 2 REMOVE BITUMINOUS PAVEMENT 51,000 3 REMOVE LIFT STATION PUMPS, PIPING, AND ELECTRICAL 54,000 4 DEWATERING 57,000 5 SEAL LEAKS AND APPLY SULFIDE RESISTANT COATING $15,000 6 CRUSHED ROCK ENTRANCE ROAD $3,000 7 RETAINING WALL (3' HEIGHT) S2,000 8 CONCRETE SURFACE FOR PANEL AND AROUND STRUCTURE COVERS 53,000 9 SEEDING 51,000 10 LIFT STATION ELECTRICAL AND CONTROLS 535,000 11 UFT STATION PUMPS AND PIPING 545,000 SUBTOTAL $177,500 CONTINGENCIES (10%) 511,750 SUBTOTAL $129,250.00 ENGR, ADMIN, LEGAL (30%) 538,775 TOTAL $168,025 K:\01784-00\Water- Wastevrater\LS 15 initial estimate Page 1 of 1 ~. - --~ ~~ 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331-8927 ®(952) 474-3236 FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us MEMORANDUM TO: Mayor and City Council Brian Heck, City Administrator James Landini, City Engineer Bonnie Burton, Finance Director FROM: Larry Brown, Acting City Administrator DATE: August 21, 2008 RE: Approve Plans Specifications and Estimate and Authorize Advertisement of Bids. City Project OS-04 Attachment 1 is the inspection report and an excerpt of the specific contract documents that have been completed by KLM Engineering, for the SE Area Water Tower located at 5500 Old Market Road. A site location map has. been included as Attachment 2. The inspection document depicts those items that need to be brought into conformance as part of the rehabilitation project. KLM is updating the required dates and construction plan updates. In addition to these revisions, staff had a few very minor corrections to the contract documents. These items are being completed and will be shipped in final form to the City Hall office on Monday. Staff has included those items specific to the contract, (minus general conditions and updates to date etc.). The complete set will be available at City Hall early Monday morning, for Councilmembers who are interested. The forms of the documents to be considered have been included for consideration by the City Council. The estimated cost for construction and engineering for this project is $275,250. Some Councilmembers may recall that a bond issue was performed in 2005 that included funding for this project in the amount of $300,000. Thus, funds are available and waiting for' the project to be completed. If approved, the bid opening for this project will be conducted at the Southshore Community Center on September 17th, 2008, at 10:00 a.m. Recommendation Staff is recommending approval of the attached resolution that approves the plans and specifications and authorizes advertisement of bids for City Project OS-04. A resolution is attached for your cor>~Ie}tO~N RECYCLED PAPER '. a 4~. _ ``~4 CITY OF SHOREWOOD RESOLUTION NO.08- A RESOLUTION APPROVING PLANS, SPECIFICATIONS AND ESTIMATES AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE SE AREA ELEVATED STORAGE TANK REHABILITATION PROJECT, CITY PROJECT OS-04 WHEREAS, the City Council, of the City of Shorewood has identified The SE Area Well Facility as a critical element within the overall municipal water system; and WHEREAS, the City of Shorewood, has ordered the preparation of Plans, Specifications and Estimate for improvements to said facility; and WHEREAS, KLM Engineering, Inc. has prepared said Plans, Specifications and Estimate dated, August 25, 2008, for the Badger Field Well House Improvement Project, further known as City Project 98-06; and WHEREAS, the City Council has determined that the Plans, Specifications and Estimate are found to be in order. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota: 1. Plans, Specifications and Estimates, prepared by WSB & Associates, Inc., dated Apri125, 2005, for said Improvement, are hereby approved and shall be filed with the City Clerk. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in Construction Bulletin an advertisement for bids, attached hereto as Exhibit A, ad for bids, upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for 3 weeks, shall specify the work to be done, shall state that bids will be opened and considered by the Council at 10:00 a.m. on September 17t", 2008 in the Southshore Community Center, and that no bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the Clerk for 5 percent of the amount of each bid. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 25th day of August. Christine Lizee, Mayor ATTEST: Brian Heck, City Administrator/Clerk r`' EI,E~A'1'~l~ ~AT'~R 'I'AT~tK II~TS~'ECT'1~I~ REPS ~. 40090009GAI.I~®Z~ CAPACI'I'~' ~ ®LD I~AI2 'T 1~®AD '~~I'yy®77~W,,77 ~R ~~'gg~~ T ~~~~ ®~ ~~®~~~®®~y 1V'~g1Vl`C~~®AA 1~ PRf~.TEC'1' N®a 1l~I~ 2194 ~s,:`~~; 'IJ Y` y & Attachment #1 2 'I'A>~LE ®F C®l~TEl\T'I'S 1.0 Projec t Information ........................ ................................................ .3 2.0 Executive Summary .......................................................................... .4 2.1 Structural Examination Summary .................................................. 4 2.2 Coating Evaluation Suminary ...................................................... .5 2.3 Repair and Reconditioning Cost Estimate ........................................ .5 2.4 Remaining Tank Life ................................................................ .5 3.0 Recommendations ................................ . ............ . ............................... .6 3.1 Interior Structural ..................................................................... 6 3.2 Interior Wet Coating ................................................................. .7 3.3 Cathodic Protection Systezn ......................................................... .7 3.4 Interior Dry Coating .................................................................. .8 3.5 Exterior Structural ................................................................... ..8 3.6 Exterior Coating ...................................................................... .9 3.7 Site and Environmental Considerations ........................................... 10 3.8 Antenna Considerations ............................................................. 10 4.0 Inspec tion and Evaluation Methods ......................................................... 11 4.1 Methods ............................. ............................................ 11 4.2 Examination and Evaluation Techniques ......................................... .11 5.0 Engineer's Cost Estimates ................................................................... 14 Appendix A: Photographs Appendix B: Drawings Appendix C: Surface Preparation Requirements Appendix D: Paint Chip Lead and Chromium Test Results 3 1.0 Project Information I~L,1VI Project No.: MN 2194 Customer P. ®. Number: Customer: WSB & Associates Phone: StreetlCity/State/Zip: 4150 Olson Memorial Highways Ste. 300, Mpls., MN. 55422 Customer Contact: Dave Hutton P. E. Tank ®wner: City Of Shorewood, MN Phone: 952-401-1637 Tank ®wner Contact: Mr Larry Brown ®vvner's Tank Designation: Old Market Road Tower Tank Description: 400 000-Gallon Single Pedestal Spheroid Tank Location (Street/City/State/Zip): 5500 Old Market Road Purpose of Inspection: Tank examination and interior & exterior coating evaluation Date of Inspection: November 11 2004 Inspected Dy: Rod Ellis NACE # 1686 & Scott Kriese, NACE IIT Type of Inspection: KI,M Standard lYlanufacturer: CB&I NACON Construction Date: 1988 Serial No.: Design Code: AWWA D-100-84 Capacity: 400 000-Gallons Type of Construction: Welded Riveted Number and Size of Pilasters/Support Coluflrens: Single Pedestal Tank Diameter: Approximately 40-feet >EIeiglat: Overall 140" Shell/Balcony Ileight to: < HWL 130" LWL 95" Type of Access to Tank Interior: Manway on roof Tank Construction Drawings: None Previous Inspection Records: None EXISTING C®ATING INF® ATION INTERI®R WET INTERIOR DRY Date Last Coated 1988 1988 Eull or Spot Repair new tank new tank Coating Contractor Unknown Unknown Surface Preparation Paint System Paint 1Vlanufacturer shoes shop EXTERIOR 1988 new tank Unknown shop Epoxy epoxy ~oxy/urethane Unknown Unknown Unknown Lab Lead Test Paint Chips yes yes yes 4 2.0 E CZTT S S 20l structural Examination Summary Based on the inspection data, it appears that some miscellaneous structural modifications and repairs are required. These modifications and repairs serve to bring the tank into compliance with OSHA regulations, AWWA standards, as well as allow for better coating bonding, allow for safer access in and on the tank and, in some cases, removing unnecessary items. 2®2 C'oatin~ Evaluation ~ummar 2.2.1 Lead and Chromium Content Analysis The total lead and chromium content of the interior and exterior coatings was analyzed. The results in Appendix D show a 0.0069 percent lead content for the interior wet coating, a 0.0094 to ND percent lead content for the exterior dry coating, and a ND percent content for the interior dry coating. Current State regulations classify neither the interior nor the exterior coatings as lead-based paint. Removal of non-lead based paint must be performed in accordance with applicable local, state and Federal regulations. Reconditioning for Control of Fugitive Particulate Matter specifications must include provisions for full contaimnent. Chromium levels in the test samples indicate levels from 0.0029 to ND percent chromium. These chromiumm levels are not high enough to be a concern in the waste streams generated during reconditioning. 2.2.2 Interior Wet Coating The tank was built and coated in 19gg by CB&I NACON. The coating is now 17 years old and near the end of its service life. The tank will require a complete new interior coating within 1 to 3 years. A properly applied and maintained immersion service epoxy coating should provide 15 to 20 years of service. The coating is failing, apparently due to age and deterioration. The lower 1/3 of the tank coating has random blistering started on the drywell tube. These blisters are filled with water and indicate that major coating failure is ilmninent. See photos in Appendix A. Overall, the interior coating appears in good condition with 5 to 20 percent failure below the high water level (HWL) and 10 to 50 percent failure above the HWL. The coating is not repairable and should be replaced within 1 t0 3 years. See photos in Appendix A. S 2.2.3 Interior Dry Coating The tank was built and coated in 1988 by CB&I NACON. The coating is in fair to good condition except on the sweating areas of the interior dry and will require random coating repairs to the non-sweating areas and coating replacement to the sweating areas of the interior dry within 1 t0 3 years. 2.2.4 Exterior Dry Coating The tank was built and coated in 1988 by CB&I NACON. It appears that the tank was last coated in 1988 and the coating at 17 years old is near the end of its service life. Due to age, chalking, and deterioration, the exterior coating can not be repaired. It should be removed and replaced with an epoxy/urethane coating system, similar to those manufactured by the Tnemec Company. See photos in Appendix A. This should be done within 1 to 3 years. It is more cost effective to remove the exterior and the interior coating at the same time. 2e3 Repair aaad Recmnditionin~ C®st Estimate The costs for structural repairs, replacing the interior and exterior coatings (including the containment and removal of the non-lead base paint) are estimated at This estimate is based on current pricing. For up-to-date competitive bids the project should be bid 9 to 12 months before the scheduled starting date. An experienced tank-coating contractor with the proper crew and equipment should be able to complete the project in 7 to 8 weeks. At the time of reconditioning, the tower will need to be drained and remain off-line during interior structural modifications, abrasive blasting and painting. However, most of the exterior structural modifications can be performed prior to draining, with the tank in-service. 2.4 Remaining 'J~'ank Y..it°e Based on the inspection data, if the recommended structural repairs and coating replacement are completed within the next 1 to 3years, the tank will be satisfactory for continued service provided that it is inspected and maintained regularly. The tank and coating should first be inspected within the warranty period and every three to five years thereafter. New interior and exterior coatings, if applied and maintained properly, should last 15 to 20 years. 6 3.0 C®M1VIEl`II)ATI®I~S Based on an evaluation of the inspection data, the recommendations are: 3.1 Interior Structural 3.1.1 Seal weld the inside of the joint between the roof plate and the access manway, vent, ventilation manway and the drywell tube curb. Seal weld approximately 6 lineal feet of the inside of the dollar plate butt joint. These welds will prevent rust streaking and corrosion in areas inaccessible to paint and maintain tower roof structural integrity. See photos 2 through 5. 3.1.2 Remove the two (2) painters rigging pipe couplings from the roof and seal weld patch plates over the resultant holes. Currently the couplings are not welded on the interior and they pose a safety hazard. See photos 2 and 3. Install a minimum of two (2) painters rigging clips similar to the erection clips as shown in photo 6. 3.1.3 Seal weld the intermittently welded stiffener rings on the drywell tube. This will comply with AWWA D 100-96. There are two (2) stiffeners below the High Water Line (HWL). Refer to KLM Drawing No. 9 and photos 7 and 8. 3.1.4 To prevent rust streaks and corrosion, caulk the lapped plate joints between the roof plates and the upper shell torus section with epoxy or urethane caulk. See photos 9 and 10. 3.1.5 The tower has two (2) erection angles located under the roof acting as roof rafters. See photos 9 and 10. While these angles are for erection only and are only. stitch welded (2 in 12) to the roof plates they should not be removed as they will ensure roof structural integrity during the Loads placed upon the roof by exterior rehabilitation contairunent. At the Owners option either seal weld or caulk these angles to prevent rust streaks and corrosion. The cost of this item is not included in the Engineer's Cost Estimate. 3.1.6 Install afrost-free valve and bowl drain with a connecting line to the overflow pipe. This facilitates cleaning and draining the bowl below the inlet pipe level. See KLM Drawing No. 37 and photo 11. 3.1.7 Replace the one (1), oval manhole gasket located in the bottom of the drywell tube. See Photo No. 12. 3.1.8 Cathodic Protection (see 3.3). 7 3.1.9 Remove all erection bracket scab marks and weld spatter below the HWL by air arc gouging, cutting torch, or grinding. There are approximately 25 erection bracket scab marks that require repair. Repair the tank surface by welding and grinding in conformance with the requirements of Appendix C. This will comply with AWWA D100-96. This work will require approximately SOman-hours. 3.1.10 Install one (1) 24-inch diameter shell, pressure style manway in the bottom section of the bowl, approximately 180 degrees from the existing manway in the drywell tube. The existing oval manway located in the bottom of the drywell tube is too small to comply with OSHA regulations for Confined Spaces Entry. This will improve the ventilation during reconditioning. For a typical pressure style manway, see KLM Drawing No. 26. See photo 19. 3.2 Interior Wet Coating 3.2.1 The tower was built and painted in 1988 and the coating is now 17 years old and because of age and deterioration is not considered repairable. It should be replaced within 1 to 3 years. See photos 2 through 18. 3.2.2 After structural repairs are completed, all the reservoir surfaces should be abrasive blasted to an SSPC-SP-10 Near White Metal Blast and coated with alight-colored polyamide epoxy system similar to the Tnemec Series 20 Pota-Pox Epoxy. 3.3 Cathodic Protection System {C. P.) 3.3.1 The reservoir does not have a Cathodic Protection system. Although it is considered an inexpensive form of interior coating protection, it may not be required if the coating is applied properly. The cost of a Cathodic Protection System is not included in the Engineer's Cost Estimate. 8 3.4 Interior I)ry CoatYn~ 3.4.1 It appears that this area of the tank was last coated in 1988 when the tower was built. The coating appears in fair to good condition except at random locations. At a iminimuim the coating in the interior of the dry well tube, on the bowl exterior and on the bowl exterior and on the platform floors should be abrasive blast to an SSPC-SP-6 Commercial Blast Clean and replaced with an epoxy coating system similar to the Tnemec Series 66 Epoxoline concurrently with the interior wet and exterior dry coatings. See photos 19 through 26. 3.4.2 Included in the coating repairs should be the blasting and coating of the valve pit piping. See photo 40. 3.5 Exterior Structural 3.5.1 Replace or modify the tank vent/finial with a 24-inch diameter removable top mushroom vent, similar to the one shown on KLM Drawing No. 16. See photos 28 and 29. The existing vent cover does not cover the screen therefore the roof is not watertight as required by Health Department Regulations. The new vent and vent screen design should meet AWWA D100-96 and local Health Department Regulations. The removable top will improve ventilation and provide access to the tank interior during reconditioning. 3.5.2 Install two (2), 24-inch diameter round, hinged cover, roof ventilation manways, approximately 180 degrees apart and within 3- feet from the roof edge. S.ee photo 30. This will provide additional ventilation during the interior surface .preparation and coating and should bring the tank into compliance with OSHA Confined Space Entry requirements. See KL,M Drawing No. 25. 3.5.3 To prevent trespassing, sabotage and vandalism install locking padlocks on the roof access manway and the bolted ventilation manway. See photo 31. The cost of a new lock is not included in the Engineering Cost Estimate. 3.5.4 To prevent trespassing, install a locking hasp and padlock on the roof manway at the top of the drywell tube. See photo 35. 3.5.5 Remove the screen and screen retainer and install a bolted sleeve around the dry well tube to waterproof the roof. This should bring the roof into compliance with State Health Department Standards. See photo 29 and KLM Drawing No. 8. 9 3.5.6 Install an overflow pipe screen retainer and screen meeting Health Department regulations. Use a corrosion resistant, heavy-gauge, No. 4 mesh screen. See photo 36, and KLM Drawing No. 13. 3.5.7 To prevent corrosion of the anchor bolts, caulk the bolt-holes around the wet riser anchor bolt base plates and the support column using epoxy caulk. See photos 36 and 37. 3.5.8 There are approximately 15 stud welded antem~a supports on the roof that should be seal welded to the roof plate, by the antenna owner(s) and at his cost prior to exterior tank rehabilitation. It is not possible to blast and paint under the antenna supports and if they are not seal welded in place they will rust bleed and stain the exterior. See photos 31 through 34. The cost of this item is not included in the Engineer's Cost Estimate. 3.5.9 The antenna owners} should install at their expense properly designed and seal welded coaxial cable support brackets in the drywell tube and pedestal to replace the supports improperly installed on the tower overflow pipe. The overflow pipe was not designed to support this load nor can you blast and coat properly under these clamped fittings. See photos 20 through 27. The cost of this item is not included in the Engineer's Cost Estimate. 3.6 Exterior Dry Coating 3.6.1 It appears that the tank was last coated in 1988 when the tower was built. Due to age, chalking, and deterioration, the exterior coating can not be repaired. It should be removed by abrasive blasting to an SSPC-SP-6 Commercial Blast Clean and replaced within 1 to 3 years with an epoxy/urethane coating system, similar to those manufactured by the Tnemec Company. See photos 27 through 39. 3.6.2 The exterior coating is not classified as lead based paint However, due to the tank location, using conventional open air dry abrasive blasting methods to remove the coating will cause visible air emissions and fugitive particulate matter problems. Reconditioning specifications must be designed in conformance with local, state and Federal requirements. 10 3.7 Site and Environmental Considerations 3.7.1 The site includes the tank, pumphouse, antenna buildings and equipment, etc, in a 100-foot by 150-foot open/fence-enclosed area. The site is bordered by trees, power lines, houses and commercial property. 3.7.2 In conformance with Mim~esota State Rules for air quality and control of dust and fugitive emissions a "Risk Factor (RF}" analysis has been performed to determine the class of pollution control required for this storage structure during reconditioning. RF is the calculation of potential risk for the structure and the values in the table of subpart 3 (of the standard) are the standards of risk factor for the (surrounding) designated properties. The class of pollution control required for compliance with the rules is Class II; this includes full contaimnent, impervious ground cover, a top cover or bonnet and negative air dust collection. 3.~ Antenna Considerations 3.8.1 The tower has numerous anteruzas, coaxial cables, support brackets, and other miscellaneous equipment and equipment houses. Working around and protecting these items during reconditioning will incur additional expenses by the contractor. The antenna owner(s) should be responsible for these expenses under clause(s) in the antenna lease agreement. These costs are not included in the Engineer's Cost Estimate, as they vary considerably from tower to tower and on this tower these costs could be substantial. 3.8.2 Currently some of the antenna coaxial cables are attached to the exterior of the overflow pipe in the drywell tube and the pedestal. These coaxial cables should be relocated to properly design and seal welded support brackets inside the drywell tube and pedestal as the overflow pipe was not designed to support this load. See Photos 21 through 23. 3.8.3 There are approximately 15 stud welded antenna supports on the roof that should be seal welded to the roof plate, by the anterula owner(s) and at his cost prior to exterior tank rehabilitation. It is not possible to blast and paint under the antenna supports and if they are not seal welded in place they will rust bleed and stain the exterior. The cost of this item is not included in the Engineer's Cost Estimate. 11 4.0 II~ISPECTI01~1 A1~1D EVAI~IJATION METHODS Some or all of the following procedures were performed as applicable. 4.1 Methods 4.1.1 The tank was evaluated on the interior and exterior in conformance with the following: a. KLM Engineering, Inc. Proposal dated June 22, 2004. b. General guidelines of AWWA Manual M42 Appendix C "Inspecting and Repairing Steel Water Tanks, and Elevated Tanks for Water Storage." c. KLM "Procedures and Guidelines for Inspecting Existing Steel and Concrete Water Storage Tanlcs". 4.1.2 The inspection of the base metal and coatings on interior and exterior surfaces included only areas accessible without scaffolding or special rigging. Where possible, the base metal and coating on the interior wet surfaces were examined from a rubber raft while the tank was being drained. 4.1.3 Tank plate thickness was measured at random locations on the liquid holding shell. The overall structural condition of the tank was visually examined. 4.1.4 No structural analysis was done to determine if the tank design complies with the AWWA D100-96 Standard for "Welded Steel Tanks for Water Storage." However, any observed non-conformance to the AWWA D 100-96 standard is noted in this report. 4.1.5 Although compliance with OSHA regulations was not a part of this inspection, any unsafe conditions or violations of current OSHA regulations that were observed are noted in this report. 4.2 Examination and Evaluation Techniques Some or all of the following procedures were performed as applicable. 4.2.1 Site The tank site was evaluated for proper drainage, conditions affecting access and lead paint abatement during reconditioning. Also, the following site dimensions were obtained: distance to fence(s), power lines, owner buildings, public property, private property/buildings, school/playgrounds, public parks and other property. 12 4.2.2 Foundations The tank concrete foundation was visually examined for cracks, spalling, condition of grout, indications of distress/settlement, and elevation above grade. 4.2.3 Tank Plate Thickness Plate thickness measurements were taken using ultrasonic methods (UTM). The readings were taken using a digital readout Nova D- 100 Ultrasonic Thickness Gage that has a dual element probe (transducer). The probe's transmitter element sends a short ultrasonic pulse to the material. The pulse, reflected as an echo from the opposite side of the plate, returns to the probe's receiver element. The round trip time is directly related to the material's thickness. 4.2.4 Coating Thickness Interior and exterior coatings, where accessible, were tested in accordance with Steel Structures Painting Council SSPC-PA2-82 "Measurement of Dry Film Thickness with Magnetic Gages," using PosiTector-6000-F1 Type 2 magnet flux gages with. a fixed probe. 4.2.5 Coating Adhesion Adhesion testing of the coating to the steel was performed by ASTM D3359: Shear Adhesion Test, Measuring Adhesion by Tape Test. In addition, a subjective coating adhesion evaluation was performed using a penknife. 4.2.6 Coating Cure The cure of the interior wet coating was evaluated by ASTM D 5402-93 Standard Practice for Assessing the Solvent Resistance of Organic Coatings Using Solvent Rubs and/or with the manufacturer's recommended field method /industry standard procedures. 13 4.2.7 Coating Serviceability The estimated remaining coating life or serviceability evaluation was performed using a wide variety of inspection instruments such as dry film thickness gauge, pen knife, Tooke gauge, adhesion tester(s), 30x microscope and serviceability evaluation experience (minimum experience 10 years). The instrument inspection was combined with a close visual inspection of all the interior coating's accessible areas. This was done to detect any holidays (misses), skips, runs, sags, surface contaminants, overspray, dry spray, poor coating cohesion, inter-coat delamination, loss of adhesion to the substrate, adverse conditions of the steel underneath the coating, or any other defects affecting the intended service. 4.2.8 Coating Lead and Chromium Content Analysis Samples were taken of the various types of coatings present on the interior and exterior surfaces. Corrosion Control Consultants and Labs of Kentwood, Michigan tested these coatings in conformance with ASTM D-3335 Standard Test Methods for Concentrations of Lead and Chromium in Paint. Copies of the Laboratory Analysis are included in Appendix D. 14 5.0 Engineer's Cost Estimates The following cost estimate is based on a construction schedule of 7-8 weeks. This cost estimate does not include the costs for installing lettering and/or a logo. 5.1 Interior Structural Repairs 5.2 Interior Wet Coating Complete Replacement Type of Coating -Epoxy System 5.3 hlterior Dry Coating Complete Repair Type of Coating -Epoxy System 5.4 Exterior Structural Repairs 5.5 Exterior Coating Complete Replacement Type of Coating - Epoxy/IJrethane System 5.6 Mobilization 5.7 Engineering Specifications and Inspection Fee 5.8 Estimated Total Cost * Includes cost for containment. KLM ENGINEERING, INC. Report prepared and certified by: ack R. Kollmer Principal Associate/President NACE Certified Coatings Inspector No. 691 Report certified by: ~~' ~ may` ,--~--~ . ~ c tom- ~... l~latt Erickson, PE roject Engineer License No. 42727 . February 22 2005 Date c:\jk~ny documents\reportsUvIN2194shorewood.doc i ~ I;~~'O ~), ,~ ,, Photo No. 3 View of tank roof, vent, drywall tube garb end rraenw~y~. -. -_ Photo (~~o. ~ryvveli t~,~be end overilovv vo~°~e;: bre~6~er. ~, ~ ~ +, t~ t t r r ,. ~ - ~~`S i---~vi ~~-- 1 ~~ fv ~~17t® E tlo• ~l View of tank roof, vent, dryweli tube orb and rnanways. ~, [~boto hv~rp. creotio~~ or i ~ainter~ ~°i~~in~ viii. Photo I~lo. 7 Drywell tube stiffener rings are seal welded on bottom. Photo i~o. Dryv~rell tube stiffener ~°in~~s are seai v~eldecl on bottorra. Photo No. 9 ®veriapped roof plates not welded on the interior. r. Photo No. ~ 0 overlapped roof plates not welded on the interior, ~` ~, .~ r ,c ~ 4 -~.' _ ~v~l m~~w~~ ~~~~~e~ d~ ~ryw~ll t~ab~. ~`~1c~~e ~~~e~~~~, ~®~;:~~~ ~~~E~~. . ~F-:'.-'?-. ~r {~I. 9':. ~~boto {~~o. ~ 3 interior oo2tir~g fai{ores from we{ding of anterira~ apparatus orb exterior. ~~~~~. ., ~~- ,~,~ ' ~~j __._ -...~ - h~ Y I 14 t ~.L ~.~ {n''~~r€C~r ~0~,'~6ra~~ °~~9{s~re~'~rC?Y`?"~ ~1t/e{d6n~d Cif ante~!f€c; apparatus CDn e)~ter9C~r, Photo No. 15 Photo I~lo. 16 Interior wet coating faila~:ares. Interior wet coating failures. Photo No. 17 Photo No. ~ ~ Interior we`b coating conditions. Interior wet coating failures. ;, ;. F: r .~ ~~., .-.t~ ~~t~~~® fro. 22 rr,j ~~ f j Photo No. 23 Antenna cab{e penetrations in condensate ceiling. _, Photo l~~o. 2Q Ante;~na c~?ble pe~setratior~s in pedostal. Photo No. 25 Photo No. 26 Bottom of condensate ceiling. Antenna cable penetrations in base bell. ,.~s'' s~ _ _. 5~'~~'~ ~zi ` t~~~~ ~~~ ~ +'~~" i.. ' ti't~ ' ~. ~, '. ''s„ _ _. - .. . `is~~~~ es,~~e~:.. ~. ~~-• n-p- i~t" rte' ~r~~ ~~- w _~ _.I -~~~ __ ~ .._ _,,d .. .. -; ,,,, ~, y _ ..9^ ~ i e, 2 ~ ---:wr•~ ':. L'I 1~1'~C.9~® X10. ~~ ~ie~~, ~~~~il~~l~~ ~~~vvay ; ~~d ~ca~ cad d~yw~91 fiLi~e. ~: _.t ,`i, i T F .. -'~ u lt'_4F.J? f.,ti~. ~._i ~ . ~. ~~ I~ i ai ~~~" ~ :~ ~! ~ ~ "'? ~? 6 r~ it r 1, ,~ vd ~ 2 ~s ~ ~, N ~~ i`Ka ~ . Pho~a ~a. 31 ~aaf access rna~way ia~a ~ese~rai~. rte, ~ r ~ ~ ^.~ I ' `. '. ti I ,~.: ,~ ,- i ~ , n f lf. ,~~,~ pl". . ?' .... ,__ _. :. ~y 1 ,. _... ~ " _. ..aw 1. ~X jc` ~ Lc i`` ~~ w .a .. _ <:. ,,. ,~ ~., - d _ ~~ - ,.. ~ (,_. .__ .~~ - 'mow ,.. _, aift~: 4 'sa .... .~- * .~ `~_. . ^ ~~ ._ ~ G t~k _.. • 1~ p,~ PP ;~~6.fl~'~ VVe2'.~7~~ ~'!~ O~IS>~df AC ~~ gll.iJJ~'i.":~!~~. .~ ;" ~, ,. - ~~ ~ ~ ~' v F. n ~'~ .~ ~ ~ t ;. ~~ ~~•r.. _ ,~~,~ __ ~' ~.. - „_ o .., ._., "~ _ ~- ~~ m ~~ i~hoto No. 33 Shad welded antenna supports and hand rail supported antennas. <~ Y ~~ ~ ~- ~~ _ - •~ ' ' s ' .~~ ., „~~ k~~ _ ` ~' i; ~ ~. r~~ . l Mf 1 -.-.r ~ , ~~ ~ ~ -~.. Y ,' I~ ,~ 3 `` ,_~~ ,_ Shad welded antenna, supports. , ._ , °~ A ~ '~I ~Y ' E _ 4, r '3~ ~ ~ 1 t' :. ~ I j.. i ~ -. -3 ~~ Y -~t".'~~ ~.._.. T _ 4b I I ~. r. _ ~ ~ r. !` Q~ t t _.. _,S ._-t k ' ~ _. ti. `'.: ~'hoto i~o. 35 ®ryweil tube manway and hinged cove. ~:-:, ,_ `, fit,; ~ t~ ,"1. --:1~±'~ f,~ __ ,~'~ ~~,] t F f - .... „ ' ~ti rt r ~l :° 1 ~.'.., ~.,_ ~ photo 36 ~ve~iow R:ai~e outi~et .~ ~~~ s - _ ;, ~ ~' ; ~ , ~ h. t 1:~ f~.• ~ .t '3~'~' 1 - ,;.a ~ _ - 1*~%~ 'r ~ _ ~i . . `. .c ~ ., Ti E t;' i~ L h' } Y ~~ ~ ~ ~, °'' • ,~ ~ .. ,~ ~ - ~E x ~ ;~ N `~~~, ~~ y ~yS r ~~ - .., _. ~~ .. ~3r1 .w _ i ` ', -_~ I ~hot0 3~ dower base plate and anchor bolt chairs. photo Rio. 38 f~edestai s^~~o€~nted antennae and coati~~~s conditions. 4 f ?' Y~.'~ .~ ~~ .. r rp .. - 4 '~ Y~ , - Y K; wt ~ ] ? !~.{ LL J ~~; ,^ s- ' ; 4 Y ~ f ~ °' ~:,_,' c?=- __ ti R;, - ~~ 7`i~. :l -.: .~".; d.: photo No. 39 View of tower bowl and costing conditions. ~ = ~ ~~~~ = ~'Y ~'S G,~ _ '.~ ~ ! ~.. ~ ,~ ~ y ~ u~ f 4'~ , l tip ~+ 1 ) _ Y" r , =~~ r ~ £ '. -~ 5:~ - S M; ~. _. ,. _..'r' 4 r 4} r" Photo Rio. 40 1 INSTRUCTIONS TO BIDDERS KI,M PROJECT MN 2194 INDEX Section page Index 1 1.0 Pre-Bid Conference 2 2.0 Bidder's Inspection 2 3.0 Copies of Plans and Specifications 3 4.0 Owner 3 5.0 Tank Cleaning 3 6.0 Bidder Qualifications ~ ~ 3 7.0 Bid Proposal Submittal 4 8.0 Consideration of Proposals 5 9.0 Time of Completion 5 10.0 State Legal Requirements 5 11.0 ___- Out-of--State Contractor Surety Deposit 6 12.0 Certificate of Compliance with Minnesota Statutes 6 13.0 Taxes and Permits 6 14.0 Performance and Payment Bond 6 15.0 Insurance Requirements 7 16.0 Payments 7 17.0 Interpretation of Plans and Specifications and Addenda 7 18.0 Affidavit of Attendance at Mandatory Pre-Bid Conference 8 2 LO PRE-BID CONFERENCE: 1.1 A mandatory pre-bid conference will be held on , 2005 at 10:00 am at the Office of the Director of Public Works, which is located at 5755 Country Club Road, followed by a visit to the project site, at which time the Public Utilities, City of Shorewood Representatives, Bidders and sub-contractors invited will discuss the projects. The Public Works Department, City of Shorewood, Minnesota will invite questions for formal clarification, of which, if determined by the Engineer necessary, will be confirmed by Addendum. Bidders shall also make a thorough examination of conditions, take all necessary measurements and familiarize themselves with all existing conditions and all limitations pertaining to the work herein contemplated. The bidders must satisfy themselves regarding the character, quantities and conditions of the various materials and the work to be performed. 1.2 Attendance by prospective Bidders or their designated representatives at the pre-bid conference is apre-requisite to bidding these/this project(s). 1.3 BIDS RECEIVED WITHOUT THE AFFIDAVIT OF ATTENDANCE AT THE PRE-SID CONFERENCE AND THE PROPOSAL GUARAZ`1TEE ATTACHED TO THE SEALED BID PROPOSAL IN A SEPARATE ENVELOPE WILL BE RETURNED UNOPENED. 2.0 BIDDERS' INSPECTION 2.1 All bidders are advised and invited to inspect the tank prior to submitting a bid to became familiar with the conditions of the existing tank; the proximity of other buildings and the space available at the site for storage of materials. Bidders shall make arrangements to view the tank by calling ,Water Superintendent at (__~ or Larry Brown, P. E. Director of Public Works at (952) 401-1637. 2.2 All information given on the drawings or in the contract documents relating to the work and surface conditions and other structures is from the best sources at present available to the Public Works Department, City of Shorewood. All such information is furnished only for the information and convenience of the bidders. 2.3 It is agreed that the Public Works Department, City of Shorewood does not warrant or guarantee that the existing conditions or other structures encountered during the rehabilitation will be the same as those indicated on the drawings or in the Contract Documents. The bidders must satisfy themselves regarding the character, quantities and conditions of the various materials and the work to be performed. 2.4 It is further agreed and understood that the bidder will not use any information made available to him or obtained in any examination made by him in any manner as a basis or grounds of claim or demand of any nature against the Public Works Department, City of Shorewood, Minnesota or the Engineer arising from or by reason of any variance which may exist between the information offered and the actual conditions, materials, or structures encountered during the Work, except as may otherwise be provided for in the Contract Documents. 3 ~.0 CGI'IES ®F PLANS AND SPECIFICATIGNS 3.1 Copies of the plans and specifications and bid documents for use in preparing proposals may be obtained from KLM Engineering, Inc., P. O. Box 897, 3394 Lake Elmo Avenue North, Lake Elmo, Minnesota 55042 for $65.00 per set. No refund will be made. Requests for plans and specification packages and bid documents should be submitted in writing. Requests for overnight delivery of specifications will not be honored unless labels with requester account numbers are included with the request. 3.2 The bidders}, to whom a contract is awarded, will be furnished without cost three (3}copies of the specification package, including all pertinent addenda. 4.0 OWNER 4.1 The Public Works Department, City of Shorewood, Minnesota is designated as Owner and is hereinafter referred to as the Owner. The contractor(s) shall coordinate all work with ,Water Superintendent, Jack R. Kollmer, KLM Engineering, project manager, and Kelly C. Mulhern, KLM Engineering, project supervisor 3 5.0 TANK CLEANING 5.1 The contractor shall be responsible for any incidental cleaning of the tank required after draining. It is expected that there will be some sludge and sediment in the bottom of the tank after it is drained. The sludge/sediment in the bottom of the tank shall be loaded into a truck and hauled away for proper disposal. This material and other materials cleaned from the tank cannot be disposed of on site and must be hauled away. 6.0 BIDDER QUALIFICATIONS 6.1 Bidders are required to submit evidence that they have practical knowledge of the particular work bid upon and that they have the financial resources to complete the proposed work. Failure on the part of any bidder to carry out previous contracts satisfactorily, or his lack of experience or equipment necessary for the satisfactory and timely completion of these projects, maybe deemed sufficient cause for disqualification of said bidder. Bidders who will require more than fifty percent (50%) of the work to be performed by subcontractors will be deemed unqualified to perform the work. 6.2 The bidder must readily and independently document that the bidder possesses the experience, equipment and financial resources for a timely and professional completion of these projects. The bidder shall submit on the forms provided in the Proposal Section the following information to the Public Works Department, City of Shorewood, Minnesota for considerations: A. The address and description of the bidders place of business. B. Years in business. 4 C. A list of the equipment owned by the bidder that will be utilized in completing the work. D. A financial statement of the bidder, prepared in accordance with Standards established by the American Institute of Certified Public Accountants. E. Bank references, name, address and telephone. F. Bonding reference, name, address, and telephone. G. The bidders performance record over the past four years or the description and location of a minimum of five (5) equivalent, equal size or greater projects constructed in a satisfactory manner by the bidder. This list of references shall include complete interior and exterior coating work performed on 400,000 gallon, minimum size, potable water elevated storage tanks. H. The technical experience of the personnel guaranteed to be employed in responsible charge of the work. I. A list of the three most recent projects of similar work performed under the direction of a Professional Engineer or Registered Architect. The list should include the name of the firm, the address, telephone number and name of the project contact. J. A list of three material suppliers, name, address and telephone. K. A list of the subcontractor(s) the bidder intends to employ on the project. L. Such additional information as will assist the Owner and Engineer in determining whether the bidder is adequately prepared to fulfill the Contract(s). 6.3 The object of the request for the bidders qualifications is to make it possible for the Owner to have exact information of the financial ability, equipment awned, and experience of the bidder in order to reduce the hazards involved in awarding contracts to parties apparently not qualified to perform them, and to select only those bidders qualified to properly complete the work, 6.4 The Owner reserves the right to reject any Proposal where an investigation of the available evidence or information does not satisfy the Owner that the bidder is qualified to carry out the terms of the Contract. The Owner's decision as to qualifications of the bidder shall be final. 7.0 BID PROPOSAL SUBMITTALS 7.1 Proposals will be accepted until AM/PM on , 2005, All proposals will be legibly written or printed in ink on the attached PROPOSAL FORMS. All proposals must state the proposed price for each item of the Work and be signed by the bidder. 7.2 No alternates in PROPOSAL PAGES shall be accepted, unless accompanied by a cover letter clearly defining the alternatives the bidder proposes to employ. 7.3 Each proposal shall be enclosed in a sealed envelope or wrapping addressed to Public Works Department, City of Shorewood, Minnesota, and identified on the outside of the envelope with the words: Proposal for Cleaning, Repairing and 5 Painting 400,000 Gallon Watertower, I~LM Project MN 2194, Old Market Road Water Tower. 7.4 Each proposal shall be accompanied by the appropriate proposal guarantee and the affidavit of attendance at the pre-bid conference contained in a separate envelope attached to the exterior of the sealed bid proposal. 7.5 The proposal guarantee shall be made without condition to the City of Shorewood, Minnesota hereinafter referred to as the Owner. The proposal guarantee maybe retained by and shall be forfeited to the Owner as liquidated damages if the Proposal is accepted and the bidder refuses, fails or neglects to execute the contract and furnish a performance and payment bond within 10 days of the date of acceptance of this proposal. 7.6 All attachments, certifications and addenda acknowledgment attached to the Proposal shall be executed in the same manner as the Proposal. No required submittals for Proposal, or clarification of information submitted or missing shall be allowed after the specified time and date of submittal unless such irregularities or informalities are waived in writing by the Owner. 8.0 CONSIDERATIONS OF PROPOSALS 8.1 The Owner may consider as non-responsive any Proposal not prepared and submitted in accordance with the provisions herein. The Owner reserves the right to accept the Proposal which, in its judgment is the lowest and best Proposal; to reject any or all Proposals; and to waive irregularities or informalities in any Proposal. Proposals received after the specified date and time of closing will be returned. 9.0 TIlYIE OF COMPLETION 9.1 The time of completion is an essential part of the contract and it will be necessary for each bidder to satisfy the Owner as to their ability to complete the project within the allowable time as set forth in the Proposal. In this connection, attention is directed to the Project Schedule in Project Requirements section. 10.0 STATE LEGAL REQUIltEMENTS 10.1 Prior to contract award, non-resident corporations must furnish evidence showing that all legal requirements for transacting business in Minnesota have been fulfilled. The state under which anon-resident corporation is incorporated must be named. 6 11.0 OUT-OF-STATE CONT CTOR S T~' DEPOSIT 1 1. l When an out-of--state contractor enters into a contract that exceeds $100,000.00, the contractor must file Form SD-E, Exemption from Surety Deposits for out-of--state contractors, with the Minnesota Department of Revenue. If the contractor is exempt from the surety deposit requirements, he shall provide the Owner a copy of the form showing the Revenue Department certification. If the contractor is not exempt, the Owner will withhold an additional eight (8) percent of each payment made to the contractor and forward those funds to the Minnesota Department of Revenue. Forms and information can be obtained by calling (651) 296-6181 or toll free at 1-800-657-3777. 12.0 CERTIFICATE OF COMPLIANCE WITH MINNESOTA STATUES 290.92 AND 290.9'7. 12.1 Upon completion of the project and prior to final payment, the contractor and all sub-contractors shall complete Minnesota Department of Revenue Form IC-134. This form, Withholding Affidavit for Contractors, must be stamped and dated by the Department of Revenue and forwarded to the Engineer. Contractors can obtain copies of this form from the Minnesota Department of Revenue, Mail Station 4450, St. Paul, Minnesota SSi46 or by calling (651) 296-6181. 13.0 TAXES AND PERMITS 13.1 The contractors' attention is directed to the General Conditions, regarding payment of taxes and obtaining permits. 14.0 PERFORMANCE AND PAYMENT BONDS 14.1 The successful bidder, before being awarded the contract, shall be required to furnish separate Performance and Payment Bonds in the full amount of the contract to insure faithful performance of the Work. The Owner may request, from the bidder(s) who are under consideration for contract award, written confirmation from the home office of the Surety who is to furnish the Performance and Payment Bonds that said bidder(s) have been investigated by the Surety and that, based on this investigation, the Surety will, in fact issue such bonds. The Surety Company on each bond shall be duly authorized to do business in the State of Minnesota and shall be satisfactory to the Owner. 14.2 The Performance and Payment Bonds shall be executed on the forms included in the Contract Documents by a Surety company authorized to do business in the State of Minnesota and acceptable to the Owner. Accompanying the Performance and Payment Bonds shall be a "Power of Attorney" authorizing the attorney-in-fact to bind the Surety Company and certified to include the date of the Performance and Payment Bonds. 7 14.3 The Perfon~nance Bond shall be in effect for the duration of the two (2) year guarantee period. 15.4 INSURANCE REQUIltEMENTS 15.1 Throughout the life of the contract, the Contractor(s) will be required to carry the types and amounts of insurance and furnish a certificate from an insurance company as set forth in the General Conditions. 16.4 PAYMENTS 16.1 Payments will be made by cash or check. Partial payments of 95 % of the work performed will be made on monthly estimates of the contractor's completed work. Estimates for payment will be submitted by the contractor, approved by the Engineer and prepared by the Engineer for submittal to the Public Works Department, City of Shorewood, Minnesota for payment. 17.0 INTERPRETATION OF PLANS AND SPECIFICATIONS AND ADDENDA 17.1 Oral answers will not be given to prospective bidders in reply to questions involving the interpretation of the intent or meaning of any part of the drawings, plans ar specifications or other Contract Documents, or the equality or use of products or methods other than those designated or described on drawings, plans or specifications. To receive consideration, such questions shall be submitted in writing to the Engineer at least seven (7) business days before the established date for receipt of Bid Proposals. Such written questions shall be addressed to KLM Engineering, Inc., P. O. Box 897, 3394 Lake Elmo Avenue North, Lake Elmo, MN 55042, attention Mr. Kelly C. Mulhern, Project Supervisor or Jack R. Kollmer, Project Manager. 17.2 The Engineer will arrange as Addenda, which shall become part of the contract, any and all interpretations and any supplemental instructions deemed necessary by the Engineer or Owner. At least two (2) days prior to the date set forth for receipt of Bid Proposals, the Engineer will send copies of the addenda to each Plan holder. 17.3 The Owner reserves the right to issue addenda far the specific purpose of postponing the date for receipt of Bid Proposals. The bidders shall acknowledge receipt of all addenda in the Bid Proposals forms. 18.0 AFF A~TI'I` GF AT7CENDANCIE 18.1 Affidavit of attendance at mandatory pre-bid conference. Attendance at the pre-bid conference is apre-requisite to bidding this project, KL,M Engineering Project MN 2194, 400,000 Gallon, Old Market Road Tower, Single Pedestal, Elevated Water Storage Tank Rehabilitation, City Project Number _, owned by the Public Works Department, City of Shorewood, Minnesota. The signed affidavit must be enclosed with the proposal. Bids received without the proposal Guarantee and Affidavit of Attendance at the Pre-Bid Conference attached to the Sealed Bid Proposal in a separate. envelope will be returned unopened. Contractor (Please Print) Contractor's Representative (Please Print) Signature Date Owner's Representative (Please Print) Signature Date c:\jk\mydocuments\specifications\MN2194InstructBidders.doc 1 >~id Subflnitted bye Name of Bidder 1~lE~ Section page Index 1 1.0 Proposal 1.0 Schedule of Unit Bid Prices 2 2.0 Bond Certification 4 3.0 Bidder's Qualification Statement 5 4.0 List of Proposed Subcontractors S 5.0 Subcontractor's Qualification Statement 9 6.0 Affidavit ofNon-Collusion 10 7.0 Addendum Acknowledgment 11 LO P1~GP®SAL l~®. 1.0 ~A~E~li YJ.i G9 ne,'PL-~11\,Sl\G Ali Yl PL'i_l.1®TAl~G 4009000 GAI.I.GI~I EI.,EVATED WATER ST®IZA.GE TAIL GLD I~AI2KET R®~aI) T®WEI~ ® EI~'S P1Z®JECgT 1~11T1YIBEIt ,,7I~~LIVI PR®JECT 1V11~T 2194 ~B R®~ a`' Y V ®®~9 11'i.®_li li A~~®TA T1TL~' 119 2005 Opening Time: AM, CST Opening Date: , 2005 Honorable City Council City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 City Council Members: The undersigned, (contractor) being familiar with your local conditions, having made the field inspections and investigations deemed necessary, having studied the plans and specifications for the work including Addenda Nos. and being familiar with all factors and other conditions affecting the work and cost thereof, hereby propose to furnish all labor, tools, materials, equipment and all else necessary to completely construct the project in accordance with the plans and specifications on file with you and KI,M Engineering, Inc., P. O. Box 897; 3394 Lake Elmo Avenue North, Lake Elmo, MN 55042, as follows: Item Quantity Description Unit Price Total 1. Structural Modifications Lump Sum $ 2. 50 man hr Surface Repairs $ /hr $ 3. Interior Wet Abrasive Blast and Coating Lump Sum $ 4. 3,000 Sq. Ft. Interior Dry Abrasive Blast and Coating $ Sq. Ft. $ 5. Exterior Dry Abrasive Blast and Coating and Containment Lump Sum $ 6. Mobilization. Move In and Out Including Cleanup. Lump Sum $ Total Base Bid 400,000 Gallon, Elevated Tower $ We understand that the Public Utilities Commission/City Council, City of , Minnesota may accept or reject any or all Proposals and waive any irregularity. Page 1 of 2 1.0 PROPOSAI, ISO. 1.0 ~~ES-ilV dl\~T, A1L' P~ lB L~1\~ P~Yl\TEl'0~ aoo,aoo ~~~.,~®rr E~E~~TE~ w~TE~ sTOI~e~E Tex OI,I3 lv_alt>r~T ~OAI~ T®WER OVb~l~TEl1~'S PIZO.TEC'l" 1~LTIVI~EItt , I~I1192 P1tO~TEC'~" I~l~ 2194 S130RE~'001), T1~ESOTA .T(7I_,~' 11, 2005 The final amount of the contract shall be determined by multiplying the final measured quantities of the various items actually constructed and installed by the unit prices therefore, in the manner prescribed in the specifications. However, the low bidder shall be determined by adding the sums resulting from multiplying the quantities stated by the unit prices bid therefore. Accompanying this bid is a bidder's bond, certified check or cash deposit in the amount of $ , which is at least 5 °/® of the amount of the/my/our bid made payable to the Owner, and the same is forfeiture in the event of default on the part of the undersigned or failure on the part of the undersigned to execute the prescribed contract and bond within ten (10) days after its submittal to me/us. , In submitting this bid, it is understood that the Owner retains the right to reject any and all bids and to waive irregularities and informalities therein and to award the contract to the best interests of the Owner. In submitting this bid, it is understood that payment will be by cash or check. It is understood that bids may not be withdrawn for a period of 45 days after the date and time set for the opening of bids. It is understood that the Owner reserves the right to retain the bid guarantee of the three (3) lowest bidders as determined by the Owner for a period not to exceed 45 days after the date set for the opening of bids. If awarded the contract, we agree to the following schedule: Start on or before September 6, 2005 (flexible start) and be completed by October 25, 2005 (63 calendar days). Respectfully submitted, (A Corporation) (An Individual) Name (A Partnership) Federal Employer ID No. Signature Contracting Company Printed Title Address Phone Fax Printed Name of Signer Page 2 of 2 4 ~a0 II®I~I~ CIa'I'I~'ICATI~I~ If awarded this contract, the name of the Bonding Company, which will furnish the bond, securing the contract is the ; a corporation organized under the laws of the State of ,and the Attorney-in-fact of said bonding company who will execute the bond is .The bond will be executed in County, State of A. If bidder is an Individual: Signature Print Name of Signer Business Address Telephone Number Title Fax Number Naive of Business B. If bidder is a Partnership: Signature Print Name of Signer Title Name of Business Partners C. If bidder is a Corporation: Signature laws of the State of Business Address Telephone Number Fax Number Address r or: a corporation, mcorporatea under the Name and Address President Vice-President Secretary Treasurer Corporate Seal 5 3®®~ I~~I~~S ~ITAI~I~ICAT'I®N S~I'A'I'E N'~' Page 1 ®f 3 1. The name, address and phone/fax number of the bidder. Name Address Phone/fax 2. Years in business 3. List of contractor owned equipment available for this project. Attach as separate submittal, if necessarye 4. An attached financial statement of the bidder prepared in accordance with Standards established by the American Institute of Certified Public Accountants must accompany each proposal. 5. List bank references, including contact name, address and telephone number. 6. List of equivalent type projects performed within the last four- (4) years, submittal, if necessary. 1. Naive of Client Date Name of Contact Phone Description of Project Capacity of Water Tank 2. Name of Client Date Name of Contact Phone Description of Project Capacity of Water Tank 3. Name of Client Date _ Name of Contact Phone Description of Project Capacity of Water Tank 4. Name of Client Date _ Name of Contact Phone Description of Project Capacity of Water Tank 5. Name of Client Date _ Name of Contact Phone Description of Project Capacity of Water Tank 6. Name of Client Date _ Name of Contact Phone Description of Project Capacity of Water Tank Attach as 6 3>0 ~ I)EI2S QITALI~'ICA`TI®IiT S`I'ATEi~ENT Page 2 Of 3 7. List of person(s) who are employed by you and will supervise and be available to perform the work on this project and the ntunber of years of experience. Names: Years of experience Project Manager: Superintendent: Foreman: Personnel: 8. A list of similar work performed under the direction of a Professional Engineer or P.egistered Architect. List three (3} such firms, listing your most recent projects. 1. Name of E/A Date Contact Person Phone Description of Project Owner of Water Tank 2. Name of E/A Date Contact Person Phone Description of Project Owner of Water Tank 3. Name of E/A Date Contact Person Phone Description of Project Owner of Water Tank 4. Name of E/A Date Contact Person Phone Description of Project Owner of Water Tank 9. List three (3) material suppliers as references, including name and phone number. 10. Such additional information as will assist the Owner and Engineer in determining whether the bidder is adequately prepared to fulfill the contract. Attach as submittal, if necessary. 3.0 ~ IIEI~~ QITAI, ICA`TIOl~l S'T'ATEIIII~'I" Page 3 Of 3 11. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the Owner in verification of the recitals comprising this statement of contractor's qualifications. 12. State the true, exact correct and complete name of the partnership, corporation or trade name under which you do business, and the address of the place of business. If a corporation, state the name of the President and secretary. If a partnership, state the names of the partners. If a trade name, state the names of the individuals who do business under the trade name, It is absolutely necessary that this informatgon be provided. Correct and complete name of bidder. 12.1 The Business is a: 12.2 The address of the principal place of business is: 12.3 Telephone Number: 12.4 The names of the corporate officers, or partners, or individuals doing business under at trade name are as follows: Dated at: of this day 2005. By: Attest: aoa 1~~ST ~~ >~~®s>~~ s ~®~T ~T®~s Each bidder shall enter in the space provided the name(s) of major subcontractors the bidder proposes to employ and the type of work the subcontractor will perform A major subcontractor is defined as a subcontractor whose subcontract constitutes approximately five (S) percent or more of the total contract price. Subcontractor Woric Name, Address, Phone Number 5a0 S ~J A34.®1 i T3~t~~T®9 ~ ~ Ell L~~~A~~Tg®1® S~L'~T~1'YlJLl~ T Page 1 ®~' 2 Please fill out a form for each subcontractor the contractor proposes to employ. Copy this form if additional forms are required and attach as submittals to Proposal. The name, address and phone/fax number of the Subcontractor. Name Address _ Phone/fax 2. Years in business 3. List of subcontractor owned equipment available for this project. Attach as separate submittal, if necessary. 4. An attached financial statement of the subcontractor prepared in accordance with Standards established by the American Institute of Certified Public Accountants must accompany each proposal. 5. List bank references, including contact name, address and telephone number. 9 ~m0 SIJ~C~I~T CT~~2'S QITAI,IE'~~ATI~®l~T STAVE NT Page 2 ®k' 2 6. List of equivalent type projects performed within the last four (4) years. submittal, if necessary. 1. Name of Client Date _ Name of Contact Phone Description of Project Capacity of Water Tank 2. Name of Client Date - Name of Contact Phone Description of Project Capacity of Water Tank 3. Name of Client Date _ Name of Contact Phone Description of Project Capacity of Water Tanlb 4. Name of Client Date _ Name of Contact Phone Description of Project Capacity of Water Tank 7. List of person(s) who will supervise and be available to perform the work on this project and the number of years of experience. Names: Years of experience Project Manager: Superintendent: Foreman: Personnel: Attach as 8. Such additional information as will assist the Owner and Engineer in determining whether the subcontractor is adequately prepared to fulfill the contract. Attach as submittal, if necessary. ~o ~®0 F A. T ®F N®l~t~C®IfIIIJSI®~I I hereby swear or affirm under penalty far perjury: 1. That I am the bidder (if bidder is an individual). a partner {if bidder is a partnership) or an officer or employee of the bidding corporation having authority to sign on its behalf (if the bidder is a corporation): 2. That the attached bids have been arrived at by the bidder independently, and have been submitted without collusion with, and without any agreement, understanding, or planned common course of action with, any vendor of materials, supplies, equipment or services described in the invitation to bid, designed to limit independent bidding or competition: 3. That the contents of the bid have been communicated by the bidder or its employees or agents to any person not an employee or agent of the bidder or its surety on any bond furnished with the bids, and will not be communicated to any such person prior to the official opening of the bid or bids; and 4. That I have fully informed myself regarding the accuracy of the statements made in this affidavit. 5. All bidders must sign the affidavit ofnon-collusion and submit it at the bid opening as a condition of the contract; such affidavit shall become a part of the contract with the Owner upon formal execution of the Contract. Signed Finn Name Subscribed and sworn to before me this day of , 2005. Notary Public My Commission expires Bidder's Federal E. I. Number (Number used on Employer's Quarterly Federal Tax Return, U. S. Treasury Department Form 941) 11 ~m0 fi~~I~dDITI~ A~>~T~ EI)GI9~ENT' The undersigned acknowledges the receipt of the following addenda, but (s)he agrees that (s)he is bound by ail addenda whether or not listed herein: Acknowledged by Signature Printed name of Signer Title of Signer Addendum No. 1 Dated: Signature: Addendum No. 2 Dated: Signature: Addendum No. 3 Dated: Signature: Addendum No. 4 Dated: Signature: Addendum No. 5 Dated: Signature: Addendum No. 6 Dated: Signature: c: \jk\mydocuments\specifications\NII~12194BidForms. doc 1 PIt~JEC'I' RE~UIItEMEl~TS KLM Project MN 2194 IloIDEX Section page Index 1 1.0 Project Description 2 2.0 Plans and Specifications 2 3.0 Project Schedule 2 4.0 Work To Be Dane By Owner 3 5.0 Contractor's Use of Facilities 3 6.0 Contract Documents 4 7.0 Notice To Proceed 4 8.0 Project Meetings 4 9.0 Contractor's Work Hours 5 10.0 Quality Assurance 5 11.0 Rejected Work and Materials 6 12.0 Liquidated Damages 6 13.0 Incentive for Project Completion Ahead of Schedule 6 14.0 Emergency Return To Service 6 15.0 Application for Payment 7 16.0 Retainage ~ 17.0 Substantial Completion 7 18.0 Project Closeout and Final Submittals 8 19.0 Final Payment 8 20.0 Guarantee 8 2 1.0 PROJECT DESC TION 1.1 Project MN 2194 Old Market Road Tower, elevated water tank: This project includes the following work on the 400,000 gallon elevated water storage tank. a. Cleaning, sandblasting, and painting interior and exterior surfaces. Full containment is mandatory. b. Miscellaneous structural repairs. c. Welding and grinding to remove erection bracket scab marks and weld spatter. d. The reservoir is located at 5500 Old Market Road, Shorewood, Minnesota. The tank is an elevated storage tank as shown in Appendix A. The tank diameter is approximately 40 feet with a high water level of 130 feet 0 inches, and an overall height of 140 feet (+/-) to the top of the vent/finial. The LWL is approximately 95 feet 0 inches. 2.0 PLANS AND SPECIFICATIONS 5 2.1 It is intended that the drawings and specifications shall form. a guide for the entire work to be accomplished under the Contract. Where an item is not specifically mentioned and it is reasonably necessary for the complete work, the contractor shall furnish and install it under this Contract. The specifications take precedence over the drawings. Should questions or conflicts arise, they shall be directed to the Engineer in writing, the Engineers decision is final in the resolution of questions or conflicts. Neither the drawings nor specifications shall be considered complete without the other. Where an item is mentioned in the specifications but not the drawings, or vice versa, it shall be considered to be binding under the contract as though mentioned in both. 3.0 PROJECT SCHEDULE 3.1 Project MN 2194 Old Market Road Tower, elevated water tank: If awarded the contract, we agree to the following schedule: Start on or before September 6, 2005 and be completed by October 25, 2005 63 calendar days). 3.2 The contractor shall prepare a bar chart construction schedule, showing the various phases of work, duration and completion date(s) expected in order to meet the completion date. The bar chart construction schedule must be submitted for review and approval by the Engineer/Owner prior to the pre-construction conference. Work on the project will not begin without an approved construction schedule. 3.3 Unless otherwise specified, the contractor shall begin work under this Contract within ten (10) days after the date designated in a written order from the Owner to begin work. The rate of progress shall be such that the work will be completed in accordance with the contractor's submitted construction schedule and the terms of the Contract Documents on or before the completion date and period named in the Contract Documents. If in the opinion of the Engineer proper progress is not being maintained, changes shall be made in the contractor's operations to assure proper progress. 3.4 The Contractor expressly agrees that the period named in the Contract Documents includes allowances for all hindrances and delays incident to the work, including the average amount of unfavorable weather conditions, based on NOAA normal and mean averages, weather records, over the actual construction schedule. No claim shall be made by the contractor for hindrances or delays from any cause during the progress of the work except as specifically allowed in the General Conditions. 4.0 WORK TO SE DONE SY OWNER. 4.1 The Owner will perform emptying and refilling of the reservoir and will operate all water main valves or reservoir drains. 4.2 Limited construction power will be available from existing sources at the construction site from buildings or power poles. Additional electrical requirements and construction power required by the Contractor will be the Contractor's responsibility. 5.0 CONTR.ACTOR'S USE OF FACILITIES 5.1 Contractor's office facilities, telephone, materials storage, sanitary facilities, workman facilities (change room, showers, lunchroom), and security shall be the responsibility of the Contractor. 5.2 The contractor shall confine all equipment, apparatus, the storage of materials and the operations of workers to the Owner's property, as directed by the Engineer or Owner and shall not unreasonably encumber the premises with materials or equipment. 5.3 The contractor shall furnish, erect and maintain warning lights, signs and barricades as required by the specifications, Owner, Engineer and ordinances to adequately warn the public from hazardous site conditions, materials, Contractors equipment, lead paint removal, etc., resulting from the construction. The contractor shall comply with all local and State ordinances such as working hours, noise abatement, etc. All equipment shall have effective mufflers on engine exhaust systems and compressors, dust collectors, etc., shall be quiet type models. 4 6.0 COT CT DOC l~TTS 6.1 Five (5) copies of the contract documents will be prepared by the Engineer. All copies will be submitted to the Contractor and the Contractor shall execute the Contract Documents, insert five (S)_executed copies of the required bonds, insurance and power of attorney, and submit all copies to the Engineer for review and approval. The Engineer shall upon approval, forward the Contract Documents to the Owner for execution. The date of contract on the contract agreement and bond forms shall be left blank for filling in by the Owner. The certification date on the power of attorney document shall also be left blank for filling in by the Owner. 6.2 The owner will execute all copies (5), insert the date of contract on the bonds and power of attorney, retain the original and one (1) copy and forward one (1) copy each to, the Contractor, Engineer and surety company. 7.0 NOTICE TO PROCEED 7.1 The Engineer shall mail to the contractor a Notice to Proceed after the Owner/Engineer receives all the necessary Contract Documents and insurance information. 7.2 The Contractor shall provide to the Owner and Engineer, a written request to begin operations, five (5) days prior to beginning his operations. Any work performed by the Contractor prior to inspections by the on-site inspector will be deemed unacceptable and shall be replaced at the Contractor's expense. 8.0 PROJECT MEETINGS 8.1 Before the construction work begins, a Public Meeting will be arranged in Shorewood, Minnesota wherein the Contractor, representatives of the Department of Public Works, Engineer, and the adjoining property owners will discuss the proposed work. The Contractor will present his proposed sequence of the work for the project and provide information to the property owners. Questions posed by the adjacent property owner's will be answered by the Owner, Engineer and Contractor. 8.2 The Contractor shall provide for attendance by authorized representatives of the Contractor and all major subcontractors at required Project Meetings. The same personnel will represent the Contractor or subcontractors at all project meetings throughout the project. Subcontractors, material suppliers, and others maybe invited by the Engineer to attend project meetings, in which their aspects of the work are involved. Persons designated by the contractor to attend and participate in project meetings shall have all required authority to commit the contractor to solutions agreed upon in the project meetings. Any project meeting where the Contractor or his designated representative is required to attend, but either chooses or fails to attend, the Contractor agrees to abide by decisions made at that meeting. S 8.3 A preconstruction conference will be held prior to commencing the various phases of the work and all representatives required to attend will be notified by the Engineer. 8.4 Weekly progress meetings will be held at a time and place to be established by the Owner. The agenda or items to be discussed at project meetings shall be prepared and distributed by the Engineer or Owner's representative. 9.{1 CONTRACTOR'S WORK HOURS 9.1 No work shall be performed between 7:00 PM and 7:00 AM, on Sundays, or legal holidays without the written approval of the Owner or Engineer. A written request by the Contractor must be submitted to the Engineer to work night hours (after 7:00 PM) or second shift. Night hours (second shift) shall only be permitted with prior written approval. Approval to work night hours (second shift) maybe revoked at any time if the contractor fails to maintain adequate equipment and supervisor for the prosecution and quality control of the work at night (second shift) or if such work becomes offensive to residents in the surrounding neighborhood. 9.2 The Contractor expressly agrees to be responsible for, and to pay the Owner for the inspector's hours and expenses for all work required past the daily working hours, on Sundays and legal holidays. These fees may include any accompanying contract administration, engineering, project management or project supervision time. The hourly man-hour rates will be in conformance with the Engineer's current project fee schedule. Overtime work is 1.5 times the hourly rate. Payment to the Owner shall be made by deductions to progress or final payments. 9.3 The Contractor shall be required to secure from the City of Shorewood, Minnesota a temporary noise permit for the duration of the project. The Owner has a noise ordinance that governs noise levels on construction projects. Noise levels shall be regulated in accordance with all applicable City and State ordinances. Noise pollution is the presence of any noise or combination of noises in such quantity, at such levels, of such nature and duration or under such conditions as could potentially be injurious to human health, safety, welfare, or to animal life, or could interfere unreasonably with the enjoyment of life or property. 10.0 QUALITY ASSURANCE 10.1 Substitution of materials, equipment or methods required by the Contract Documents must be approved in writing by the Engineer prior to use. 6 10.2 The contractor is responsible to ensure that all work shall be carried out in a workmanlike manner that will protect the workman, surrounding property and the public from damage or danger. All workman employed on the site shall be skilled in the use of the equipment and materials used for this project. An experienced superintendent and/or foreman shall be present at all times during the execution of the work who shall be thoroughly familiar with the specified requirements and the materials and methods needed for their execution and who shall direct all work performed 10.3 Inspection: The contractor shall notify the Owner's on-site inspector not less than 24 hours prior to welding, grinding, abrasive blasting, priming or application of primer or finish coats. Any work performed without the 24 hour notification and the presence of the on site inspector will be deemed unacceptable and shall be removed and replaced. The on-site inspector will inspect all phases of the work. Any areas not in conformance with the specifications will be corrected as directed by the Engineer, Inspector or Owners representative. 11.0 REJECTED WORD AND MATERIALS 11.1 Upon verbal or written notice from the Engineer, Inspector or Owners representative the Contractor shall remove and replace all work and materials rejected as defective, unsound, improper or in any way failing to conform to the requirements of the Contract Documents. The Contractor shall at its sole expense make good all work damaged by such removal and shall promptly replace all materials damaged or improperly worked by the Contractor and re-execute the work in accordance with the Contract. This includes re-placing the work of any other Contractor that is in any way affected by the removal of defective work. The obligations of the Contractor under this section shall not be extended to defective materials or equipment supplied by the Owner or previously installed by him. Any contractor supervisor or workman who refuses to make these corrections or refuses to do quality work as interpreted by the inspector, shall be deemed not in compliance with section GC-31 of the general conditions and shall be immediately removed and replaced with a competent individual. 12.0 LIQUIDATED DAMAGES 12.1 Liquidated damages in the amount of $500.00 will be deducted from any moneys due the Contractor for each and every calendar day that the work remains uncompleted beyond the completion date as specified or amended during the course of the project. 12.2 In addition, the Contractor shall pay the Inspector's hours, travel and subsistence for all inspection work required by the Engineer or Owner past the completion date. These fees may include any accompanying contract administration, engineering, project management or project supervision time. The Owner will deduct liquidated damages for additional inspection from any monies due the contractor. 7 13.0 INCENT FOR PROJECT COMPLETION OF SCHEDULE 13.1 NOT PART OF THIS PROJECT OR CONTRACT. 14.0 EMERGENCY RETURN TO SERVICE 14.1 In an emergency, the Owner reserves the right, upon 24 hours notice to the contractor, to return the tank to service. In case of an emergency return to service the contractor, agree to negotiate, in good faith, with the Owner his extra costs and damages associated with this break in the construction schedule. 15.0 APPLICATION FOR PAYMENT 15.1 Application for payments must be submitted to the Owner five (5) business days prior to scheduled City Council meetings for inclusion on the Commission Agenda. The City Council meets the 2°`~ and 4th Monday of each month. 15.2 The Contractor shall prepare and submit, in a timely manner, to the Engineer for approval a breakdown estimate covering each lump sum or quantity Bid Item for which partial payments are desired. The form to be used will be provided by the Owner. Each estimate, showing the value of each kind of work, shall be approved by the Engineer before any partial payment estimates are prepared for submittal. The sum of the item listed in the breakdown estimate shall equal the contract lump sum or quantity prices. Overhead, materials delivered to the site but not installed and profit shall not be included as separate items. 15.3 An unbalanced estimate providing far over-payment to the Contractor of work, which would be performed first, will not be accepted. Breakdown estimates shall be revised and resubmitted until acceptable to the Engineer or Owner. The estimated cost of replacing, repairing or rebuilding rejected work or workmanship or the cost of replacing materials which do not conform to the Contract Documents will be deducted from the estimated value. The Contractor shall furnish to the Engineer such detailed information as may be requested to aid in the approval of partial payments. 16.0 RETAINAGE 16.1 After the application for payment has been approved by the Engineer and the Owner, the Owner will pay to the Contractor ninety-five (95) percent of the estimated value less any previous payments unless otherwise required. 17.0 SUBSTANTIAL CO LETION 17.1 Substantial completion is defined as that tune when, upon approval of the Engineer and Owner, the tank can be disinfected, re-filled, tested and is returned to service. Substantial completion does not include final clean-up or site restoration and may or may not include, at the discretion of the Engineer, work that will not affect return of the tank to service. 17.2 When the work has been substantially completed and at a time mutually agreeable to the Owner, Engineer and the Contractor, the Engineer will make final inspection(s) of the work and report to the Owner and Contractor the findings as to the acceptability and completeness of the work. The Owner, Engineer and contractor will sign project acceptance documents that will include a project completion punch list. 18.0 PROJECT CLOSE OLTT ANI) FINAL SUBMITTALS 18.1 Before final acceptance of the work by the Owner, the Contractor shall submit to the Engineer the following: a. In duplicate, a notarized affidavit stating that all subcontractors, vendors, persons or firms who have furnished labor, services or materials for the work have been fully paid. b. In duplicate a statement from the surety consenting to the making of the final payment and acknowledgment of the start of the warrantee period. c. In duplicate, documentation as may be otherwise required by the Contract Documents, such as Minnesota Department of Revenue forms, 5D-E Exemption from Surety Deposits for Out-of -State Contractors, IC-134 Withholding Affidavit far Contractors, etc. 19.0 FINAL PAYMENT 19.1 After official approval and acceptance of the work by the Owner, the Engineer will be authorized to prepare a final estimate of the work done under this contract. Preparation of the final payment will not be authorized until documentation is submitted that the punch list items are completed, all submittals have been received by the Engineer and not until liquidated damages have been resolved and agreed upon in writing, by all parties. 9 20.0 ALT TEE 20.1 The Contractor guarantees that the equipment, materials and workmanship furnished under this Contract will be as specified and will be free from defects for a period of two (2) years from the date of substantial completion. 20.2 Before expiration of the two (2) year guarantee period, the tank shall be subject to draining and inspection by representatives of the Owner, Engineer anal Contractor. If an Inspection Report is prepared by the Engineer one (1) copy of the report will be furnished to the Contractor for his review. 20.3 Within the guarantee period and upon notification of the Contractor by the Owner, the Contractor shall promptly make all needed adjustments, repairs or replacements arising out of the defects which in the judgment of the Engineer, become necessary during such period. The cost of all materials, parts, repair of parts, labor, transportation, supervision, special tools, rigging and supplies required for replacement of parts, repair of parts, or correction of failures shall be paid by the Contractor, or the surety under the terms of the Performance Bond. 20.4 The Contractor also extends the terms of the guarantee to cover repaired parts, workmanship and all replacement parts furnished under the guarantee provisions for a period of one (1) year from the date of their installation. 20.5 If within ten (10) days after the Owner gives the Contractor notice of a defect, failure, or abnormality of the work, the Contractor neglects to make, or undertake with due diligence to make, the necessary repairs or adjustments, the Owner is hereby authorized to make the repairs or adjustments or order-the work to be done by a third party, the cost of the work to be paid by the Cantractor or by the surety under the terms of the Performance Bond. c:\jk\my documents\specifications\NIN2194ProjReq.doc 1 TEC~NI~r~.I, SPECIFICATIONS I~I11VI Prajeet 1VLN 2194 INDEX Section Index 1.0 Description of Bid Items 2.0 Submittals 3.0 Workmanship 4.0 Unfavorable Weather Conditions S.0 Surface Preparation 6.0 Coating Material and Quality 7.0 Surface Coating and Materials 8.0 Repair Work 9.0 Health and Sanitary Facilities 10.0 Clean up and Sterilization 11.0 Ventilation and Safety Requirements 12.0 Superintendent 13.0 Inspection of Work 14.0 Sterilization of Tank 15.0 Containment Plan page 1 2 6 8 10 10 14 15 19 21 21 23 24 2S 26 27 1.0 DESC TION OF E ITEMS PI20JECT MN 2194 OLD MAItI~T IaOAD ELEVATED TOWED 400,000-GALLON SINGLE PEDESTAL SP~EIZOID L1 Structural Modifications: I1id Itean #1, Proposal 1.0 Notes No welding over coated steel. All areas that require welding are to be abrasive blasted before any welding is started. 1. Seal weld with i/4-inch fillet weld the inside of the joint between the roof plate and the access manway, vent, ventilation manway and the drywell tube curb. Seal weld approximately 6 lineal feet of the inside of the dollar plate butt joint. See photos 2 through 5. 2. Remove the two (2) painters rigging pipe couplings from the roof and seal weld patch plates, interior and exterior, over the resultant holes, with L/4- inch fillet weld. Currently the couplings are not welded on the interior and they pose a safety hazard. See photos 2 and 3. Install a minimum of two (2) painters rigging clips similar to the erection clips as shown in photo 6 3. Seal weld with'/4-inch fillet weld the intermittently welded stiffener rings on the drywell tube. There are two (2) stiffeners below the High Water Line (HWL) that require seal welding. Refer to KLM Drawing No. MN 2194-1 and photos 7 and 8. 4. To prevent rust streaks and corrosion, caulk the lapped plate joints between the roof plates and the upper shell torus section with epoxy or urethane caulk as specified in Section 7. See photos 9 and 10 Seal weld with i/4-inch fillet weld the two (2) erection angles located under the roof acting as roof rafters. See photos 9 and 10. 6. Furnish and install afrost-free valve and bowl drain with a connecting line to the overflow pipe as directed by the Engineer. This facilitates cleaning and draining the bowl below the inlet pipe level. See KLM Drawing No. MN 2194-2 and photo 11. 7. Replace the one (1), oval manhole gasket located in the bottom of the drywell tube as specified in Section 7. See Photo No. 12 8. Furnish and install one (1} 24-inch diameter shell, pressure style manway in the bottom section of the bowl, approximately 180 degrees from the existing manway in the drywell tube. See photo 19. Furnish and install an access ladder from the top platform to the manway for safe entrance and egress. This will improve the ventilation during reconditioning and should bring the tower into compliance with OSHA Confined Spaces Entry. For a typical pressure style manway, see KLM Drawing No. MN 2194-3. 9. Replace or modify the tank ventlfinial with a 24-inch diameter removable top mushroom vent, similar to the one shown on KLM Drawing No. MN 2194-4. See photos 28 and 29. 10. Install two (2), 24-inch diameter round, hinged cover, roof ventilation manways, approximately 180 degrees apart and within 3-feet from the roof edge. See photo 30. This will provide additional ventilation during the interior surface preparation and coating and should bring the tank into compliance with OSHA Confined Space Entry requirements. See KLM Drawing No. MN 2194-5. 11. To prevent trespassing, sabotage and vandalism install locking padlocks on the roof access manway, the bolted ventilation manway and the two (2) new ventilation manways furnished by the Owner. See photo 31. 12. Furnish and install a locking hasp on the roof access manway at the top of the drywell tube. See photo 3S. Install a padlock furnished by the Owner. 13. Remove the screen and screen retainer from around the drywell tube cap. Furnish and install a bolted sleeve around the dry well tube to waterproof the roof similar to that shown on KLM Drawing No. MN 2194-6. This should bring the roof into compliance with State Health Department Standards. See photo 29. 14. Furnish and install an overflow pipe screen retainer and screen meeting Health Department regulations similar to that shown on KLM Drawing No. MN 2194-7 to the overflow pipe outlet. See photo 36, 1S. To prevent corrosion of the anchor bolts, caulk the bolt-holes around the dry riser anchor bolt base plates and anchor bolt chairs using epoxy caulk. See photos 36 and 37 1.2 Surface Repairs: Bid Item #2, Proposal 1.0 All erection scab marks shall be removed and repaired by welding and grinding to restore the plate to a smooth, flush condition. All weld spatter shall be removed by grinding in conformance with the requirements of Appendix C. All weld defects shall be removed and repaired by welding and grinding in conformance with the requirements of Appendix C, NACE Weld Preparation Designation "C". Included in this work but not limited to are the radius grinding of all sharp edges on the overflow weir box, inletloutlet pipe, painters rigging brackets, stiffener rings, manway curbs and covers. 2. For bidding purposes, it is estimated that there are approximately 50 man- hours to perform the work. This work will be monitored and verified by the Engineer in the field. Increases or decreases in the amount of the work and the appropriate contract price adjustments, will be made per Section GC-22 Modifications of the General Conditions. 3. The repaired areas shall conform to the surface preparation requirements of Section 4 Appendix C, NACE Standard RPO17-89, NACE Weld Preparation Designation "C". 4. The unit price for surface repairs shall include all casts for labor, materials, and equipment to properly complete all work as described above, including all incidental work as shown on the drawings, described in the specifications, or otherwise required to complete the work. Measurement of the man-hours required to complete the surface repairs shall include each hour of labor performed to physically repair by welding or grinding existing surface defects to the required condition. Measurement will be made for each man-hour performed by the Contractor to complete the work. Such measurements of surface repair man-hours will be recorded and made by the Engineer and all decisions will be final. All work incidental to performing these surface repairs, including but not limited to rigging, blasting and surface preparation, or otherwise required to complete the work shall be included in the unit price for the work. The services of a person on the ground (ground man), as required by OSHA, during times when surface repair work is being performed, shall also be considered incidental work, and expenses far such work or services shall be included in the unit price for the work. Hours for a ground man will not be included in the measurement of the surface repair man-hours. 1.3 Interior Wet Abrasive Blast and Coating: Bid Item #3, Proposal 1.0 Blast entire interior to an SSPC-SP-10-85 Near White Metal Blast. 2. Coat as specified in section 7. 3. Apply by brush one (1) additional coat of primer to insure a uniform coat of primer thoroughly worked into and around all seams, welds, bolt assemblies, plate overlap seams, and other irregularities in the surface. 4. Perform low voltage wet sponge testing of all areas below the High Water Level (HWL} to ensure the coating in this area meets NACE Condition "A" Pinhole Free. The applied coating film below the HWL shall be continuous. 5. Clean up and sterilize tank per section 10.0 and 14.0. The Contractor shall be fully responsible for proper testing, waste evaluation, waste tracking, documentation and disposal of interior waste generated per federal (RCRA/EPA) and State of Minnesota, Pollution Control Agency Regulations and the Specifications. 4. Apply by brush one (1) additional coat of primer to insure a uniform coat of primer thoroughly worked into and around all seams, welds, bolt assemblies, plate overlap seams, and other irregularities in the surface. 5. Clean up and sterilize tank per section 10.0 and 14.0. The Contractor shall be fully responsible for proper testing, waste evaluation, waste tracking, documentation and disposal of interior waste generated per federal (RCRA/EPA) and State of Minnesota, Pollution Control Agency Regulations and the Specifications. 1.4 Interior Dry Spot Repair and Coating: Bid Item #4, Proposal 1.0 After structural repairs are completed, all the reservoir surfaces at areas of structural repairs and coating failures should be spot abrasive blasted per SSPC-SP-10-85 Near White Metal Blast and coated with alight-colored polyamide epoxy system as specified in Section 7. Feather edges of existing coating, at spot blasted areas, using SSPC-SP-3-85 Power Tool Cleaning methods. This includes the entire exterior of the bawl, entire access tube interior, top two (2) feet of the pedestal, platform floors, valve pit piping and other random coating failures as directed by the Engineer. 2. For bidding purposes, it is estimated that there are approximately 3,000 square feet of area to repair. This work will be monitored and verified by the Engineer in the field. Increases or decreases in the amount of the work and the appropriate contract price adjustments, will be made per Section GC-22 Modifications of the General Conditions. 3. Coat as specified in section 7. 4. Apply by brush one (1 }additional coat of primer to insure a uniform coat of primer thoroughly worked into and around all seams, welds, bolt assemblies, plate overlap seams, and other irregularities in the surface. Clean up tank per section 10.0. The Contractor shall be fully responsible for proper testing, waste evaluation, waste tracking, documentation and disposal of interior waste generated per federal (RCRA/EPA} and State of Minnesota, Pollution Control Agency Regulations and the Specifications. 1.5 Exterior Abrasive Blast and Recoating: Bid Item #5, Proposal 1.0 Blast entire exterior to an SSPC-SP-10-85 Near White Metal Blast. 2. Apply an epoxy/urethane coating system as specified in Section 7 of this Specification. 3. Install anon-skid walkway to the complete roof area inside the roof handrail assembly per Section 7. 4. Exterior finish coating shall be by brush and roller only. Exterior primer coating may only be spray applied within the containment. Painting outside of full containment must be by brush or roller. 5. Clean up per section 10.0. The Contractor shall be fully responsible for proper testing, waste evaluation, waste tracking, documentation and disposal of exterior waste generated per federal (RCRA/EPA) and State of Minnesota, Pollution Control Agency Regulations and the Specifications. 1.6 Exterior Abrasive Blast Containment: Bid Item #5, Proposa11.0 Provide containment of the exterior abrasive blasting operation in conformance with Section 5. 2. As specified in Section 5 of this Specification, provide 100 percent impervious ground coverage in all areas adjacent to the tank and containment apparatus to ensure spent abrasive and paint do not come in contact with the ground. Ground cover must extend beyond the containment in compliance with MPCA rules or as allowed by the site conditions. 6 Clean up per section 10.0. The Contractor shall be fully responsible for proper testing, waste evaluation, waste tracking, documentation and disposal of exterior waste generated per federal (RCRA/EPA) and State of Minnesota, Pollution Control Agency Regulations and the Specifications. 1.7 Disposal of Spent Abrasive: Bid Item #3, 4 ~ 5, Proposal 1.0 Recover, remove and dispose of properly, all spent abrasives, dust, dirt, paint chips, spent solvent and paint containers, etc., as specified in Section 10.0 of the Specification. Refer to the Lead Paint Test results in Appendix D. 1.8 Lettering -Bid item #5, Proposal 1.0 1. Replace the existing lettering at its present location as shown in Appendix E. 1.9 Mobilization, Bid Item #6, Proposal 1.0 Mobilization shall consist of all work and operations, including but not limited to those necessary for: the movement of personnel, equipment, supplies, and incidentals to and from the project site; the establishment and subsequent removal of all offices, Contractor's buildings, and other facilities necessary for work on the project; clean up of the tank and site per Section 10.0; sterilization of the tank per Sections 10.0 and 14.0; and all other work and operations which must be performed or costs incurred prior to beginning and after completion of work on the various items on the project site. 1..10 Protection of Antenna -Sid Item #5, Proposal 1.0 The Contractor is responsible for the protection of all antennas, cables, and associated equipment from damage during reconditioning. Protection may include the temporary removal of antennas and/or cables from their support mounts in order to blast and paint behind or beneath these items. All equipment cabinets and buildings must be adequately protected and vented to prevent dust contamination and overheating of equipment. 2.0 SUBMITTALS 2.1 Submit to the Engineer, a minimum often (10) business days before the pre- construction conference for review and approval, in conformance with this specification, the following items: 1. List of sub-contractors. 2. Construction schedule. 3. Shop drawings. 4. Welder certifications. 5. Welding procedures. 6. Containment or environmental compliance plan. 7. TCLP sampling plan. 8. Certified statement on lead free coatings. 9. Epoxy caulking material. 10. Tank bowl drain stainless steel coupling and valve. 11. Cost breakdown statement of Structural Modifications in Section 1.1. 2.2 Submit five (5) sets of shop drawings for the following items. 1. Tank bowl drain and frost-free valve. 2. Bowl, pressure style manway, 24 inches in diameter and access ladder. 3. Roof ventilation manway, 24 inches in diameter. 4. New vent or vent modifications. 5. Dryweil tube sleeve. 6. Drywell tube stiffener ring weldrnent. 7. Overflow pipe screen retainer. 8. 2.3 Shop Drawings. 1. Shop drawings shall be presented in clear and thorough manner, complete with respect to dimensions, design criteria, materials of construction, and like information to enable ENGINEER to review the information as required. Details shall be identified by reference to sheet and detail, schedule or locations shown on contract drawings. After approval by the Engineer, one (1) copy of shop drawings will be submitted to the Owner by the Engineer. 2. The minimum sheet size shall be 8-1/2" x 11". 3. The CONTRACTOR shall: 1. Review shop drawings and samples prior to submission. 2. Determine and verify: 1. Field measurements. 2. Field construction criteria. 3. Catalog numbers and similar data. 4. Conformance to Specifications. 3. Coordinate each submittal with requirements of work and of Contract Documents. 4. Notify ENGINEER in writing, at time of submission, of any deviations in submittal from requirements of Contract Documents. Any such deviations permitted by ENGINEER will require modifications of Contract Documents. 5. Begin no fabrication or work either which requires submittals until return of submittals by ENGINEER with ENGINEER stamp, as "no exceptions taken" or "make noted corrections". 8 2.4 A minimum of two (2) copies plus the quantity of copies the CONTRACTOR wants returned of shop drawings shall be submitted to the ENGINEER for review. Each copy shall contain the following submissions. 1. Date of submission and dates of any previous submissions. 2. Project title and number. 3. Contract identification. 4. Names of: 1. CONTRACTOR 2. Supplier. 3. Manufacturer. 5. Identification of product, with specification section number, equipment number and/or tag number. 6. Field dimensions, clearly identified as such. 7. Relationship to adjacent or critical features of work or materials. 8. Applicable standards, such as ASTM or other specification numbers. 9. Identification of deviations from Contract Documents. 10. Identification of revisions on resubmittals. 11. Unless the precise color and pattern is specifically described in the Contract Documents, and whenever a choice of color or pattern as available in a specified product, submit accurate color pattern charts to the ENGINEER for review and selection. 12. A 4" x 4" blank space for CONTRACTOR and ENGINEER Stamps. 13. Indication of CONTRACTOR'S approval, dated and signed, with wording similar to the following: "Approved to be in conformance with the requirements of the Contract Documents". 2.5 Shop drawings stamped "amend and resubmit" shall be corrected and revised. Resubmittals shall be made as required for initial submittal. Resubmittals shall have all changes that have been made, including those other than requested by ENGINEER indicated. 3.0 WOP:KIVIANSHIF 3.1 All work of this Contract shall be done in a workmanlike manner, by skilled personnel experienced in the particular type of work being performed. The coating shall be performed in a manner satisfactory to the ENGINEER and using approved methods, acceptable tools and practices. 3.2 Proceed with surface preparation and coating application only when air and surface temperatures are above the manufacturers recommended minimum surface temperature in degrees F and below 100 degrees F, and surface temperature is at least 5 degrees above wet bulb air temperature reading. Coating shall not be applied to dusty, wet, or damp surfaces, and shall not be applied in rain, snow, fog or mist; or when relative humidity exceeds 85 percent. No coating shall be applied when it is expected that the relative humidity will exceed $5 9 percent or when the air temperature will drop below 40 degrees F within 8 hours after the application of the coating. If working conditions are questionable, the ENGINEER shall make the decision and the CONTRACTOR shall accept ENGINEER'S interpretation as final and binding. 3.3 Each coat shall be applied at the specified rate and in the manner recommended by the coating manufacturer and it shall be well worked into the surface to which applied. No laps or brush shall show and primer shall be applied to produce as uniform a coating thickness and complete coverage as is possible. Exterior primer coatings applied by brush and roller shall be inspected and approved by the Owner's representative, Engineer, or inspector within 24-hours aftea• application to ensure a holiday free coat of primer. The film thickness of the coatings will be measured and any readings below the specified film thickness, or holidays shall be corrected by applying an additional coat(s). Where thinning is necessary, only the products of the manufacturer furnishing the coating, and for that particular purpose, shall be allowed. All thinning shall be done strictly in accordance with the manufacturer's instructions, as well as with the full knowledge and approval of the ENGINEER. Dry film thickness will be measured by means of the "Mikrotest" gage manufactured by .the Nordstrom Corporation of Amherst, Ohio or equivalent; and measurements of wet mil thickness' will be accomplished by use of the "Nordson" wet film gage or such other gage as the ENGINEER might determine as being satisfactory. 3.4 Care shall be given to insure one additional and uniform stripe coat of primer is carefully applied by brushing around rivet heads, weld seams, scab marks, plate overlap, joints, and other irregularities in the surface. Each coat shall be allowed to dry and/or cure thoroughly before either the next coat is applied or the tank is placed into service as required by the coating manufacturer's written recommendations. Stripe coating shall be applied prior to the application of the full coat of primer. 3.5 If the coating is applied by spraying, use suitable nozzles to provide an adequate supply of air within the proper pressure range to the liquid in the container and to the atomizing nozzle, all as recommended by the coating and equipment manufacturers as being best suited or necessary for the production of good work. All necessary precautions must be taken to avoid spray fallout on and the consequent damage to any works, improvements or properties either of the OWNER or of other parties, wherever located. The CONTRACTOR shall be responsible for all damage resulting from drifting of the spray. 3.6 EXTERIOR SPRAY PAINTING SHALL BE PERMITTED, BUT ONLY WITHIN THE CONTAINMENT. In addition to the containment, the CONTRACTOR shall take any and all necessary precautions to avoid paint fallout on and the consequent damage to any works, improvements or properties either of the OWNER or of other parties, wherever located. The CONTRACTOR shall be responsible for all damage resulting from drifting of the paint. 10 3.7 If applied by brushing, the coating shall be brushed on in one direction, and then smoothed in a direction at right angles thereto, so as to produce as uniform thickness of coating and as complete a coverage as possible. Such two- directional brushing shall be considered as "one coat"' within the meaning of these Specifications. 3.8 Application of the primer to the interior tank structural, including "I" beams, compression ring(s), support column(s), attachment brackets, nut/bolt assemblies and roof plate overlap seams shall be by brush or brush/spray application to insure a uniform coat of primer thoroughly worked into and around all seams, welds, bolt assemblies, plate overlap seams, beam flanges and irregularities in the surface. No interior wet coating shall be applaed by roller application that sheds any roller hairs into the coating. 4.0 ITNFAVORABI..E WEATIIER CONDITIONS 4.1 No surface preparation or coating application work shall be done under unfavorable weather conditions, unless the work is adequately protected, and then only with the specific approval of the ENGINEER and inspection and approval by the Owner's representative. 4.2 The OWNER intends to monitor wind direction, wind speed, air temperature, steel temperature, dewpoint and relative humidity to insure CONTRACTOR'S compliance with the listed conditions. 4.3 The CONTRACTOR shall record the wind direction, winds speed, dewpoint, relative humidity, air temperature, and surface temperature a minimum of three (3) times per day for each day of the Construction Schedule or each day the Contractor is on site completing the work. The daily log shall be submitted to the ENGINEER or ENGINEER'S representative for comparison with the OWNER'S data and verification of compliance. 5.0 SURFACE PREPARATION 5.1 Interior Wet= Bid Item #3, Proposals 1.0 1. The entire interior wet surface of the tank and structural shall be cleaned of all paint, grease, oil, rust, mill scale, and other foreign or loose material.. Cleaning shall be done in accordance with Steel Structures Pamting Council Specification SSPC-SP-10-85, "Near-White Blast Cleaning". Before any primer or paint is applied, metal surface shall be completely dry, dust free, inspected, and approved by the Engineer. 11 5.2 Interior Dry -Bid Item #4, Proposal LO 1. After structural repairs are completed, all the reservoir surfaces at areas of structural repairs and coating failures should be spot abrasive blasted per SSPC- SP-10-85 Near White Metal Blast and coated with alight-colored polyainide epoxy system as specified in Section 7. This includes the entire exterior of the bowl, entire interior of the access tube, the top two (2) feet of the pedestal, platform floors, valve pit piping and other random coating failures as directed by the Engineer. 2. For bidding purposes, it is estimated that there are approximately 3,000 square feet of repair area to perform the work. This work will be monitared and verified by the Engineer in the field. Increases or decreases in the amount of the work and the appropriate contract price adjustments, will be made per Section GC-22 Modifications of the General Conditions. 3. Interior dry surfaces of the tank blasted to aSSPC-SP-10-85, "Near White Metal Blast Cleaning" shall be feathered into the existing paint system according to SSPC-SP-3-82 Power Tool Cleaning. These areas include but are not limited to the ladders, platforms, etc. Before any primer or coating is applied, metal surfaces shall be completely dry, dust free, inspected and approved by the Engineer. 5.3 Exterior Dry -Bid Item # 5, Proposal 1.0 1. The complete exterior dry surfaces of the tank shall be cleaned of all paint, grease, oil, rust, mill scale, and other foreign or Loose materials before any primer or coating is applied. Cleaning shall be done in accordance with the Steel Structures Painting Council Specification SSPC-SP-10-85, "Near White Metal Blast Cleaning". Before any primer or coating is applied, metal surfaces shall be completely dry, dust free,. inspected and approved by the Engineer. 5.4 Exterior Abrasive Blast Containment -Bid Item #4, Proposal 1.0 1. The exterior paint is not classified as lead-based paint. Testing indicates that the paint contains 0.0094 percent total lead. See Appendix D: Paint Chip Lead Test Results. Therefore, it is anticipated that abrasive blasting will not generate hazardous waste. The use of a proprietary admixture to the selected abrasive such as "Blastox" (TM) is optional to ensure satisfactory toxicity characteristics testing. Therefore, all work shall be performed in accordance with the general guidelines of the Minnesota Pollution Control Agency for Air Quality and the Control of Fugitive Particulate Matter. 2. The Contractor shall be fully responsible to provide full containment of the exterior tank abrasive blasting operation, including a top bonnet or cover to prevent the drift of abrasive and existing exterior paint removed onto adjacent property, streets or structures. THEREFORE CONTAINMENT AND DISPOSAL PER STATE AND FEDERAL REGULATIONS WII~L BE MANDATORY. 1N CONJUNCTION WITH FULL CONTA.II~NIENT THE CONTRACTOR SHALL BE RESPONSIBLE TO PROVIDE ADEQUATE DUST COLLECTION OR NEGATIVE AIlZ TO THE CONTA.INIVIENT SYSTEM TO PREVENT THE RELEASE OF EMISSIONS TO THE ENVIRONMENT AND TO PROVIDE A REDUCTION OF LEAD DUST EXPOSURE FOR WORKERS. rz 3. Provissons shall be made to remove and collect dust particles from the interior of the containment. As such, the proper use of a dust collector is mandatory. 4. As an option to the top bonnet, the Contractor may employ a wet abrasive blasting operation, in conjunction with full containment of the exterior to achieve the goal of, control of abrasive, paint and dust emissions. The Contractor must submit for review and approval to the Engineer and Owner a written plan outlining all the details, equipment, and inhibitor the Contractor plans to employ with the wet abrasive blasting operation. The Owner reserves the right to accept or reject the Contractors proposed plan. The Contractor expressly agrees to abide by the decision of the Owner or Engineer in accepting or red ecting the Contractors wet abrasive blasting or environmental compliance plan. S. THE CONTRACTOR EXPRESSLY AGREES TO OBEY THE VERBAL OR WRITTEN DIRECTION AND INSTRUCTION OF THE ENGINEER, INSPECTOR OR OV4'NERS REPRESENTATIVE IN DETERMINING WHEN THE EXTERIOR ABRASIVE BLASTING OPERATION MAY PROCEED OR MUST BE SUSPENDED DUE TO EXCESSIVE WINDS, OR DRIFT OF DUST, SPENT ABRASIVE AND PAINT CHIPS OUTSH)E THE AREA OF CONTAINIYIENT. 6. Screens used for containment shall be inspected and approved for use by the Engineer, Inspector or Owners Representative. Windscreens used for containment shall be solid screens. They shall be ITV-Stabilized, weather and solvent resistant. 7. The Contractor shall be fully responsible to provide 100 (%) percent impervious ground coverage in all areas adjacent to the tank for the purpose of ensuring recovery of (a minimum) 95 (%) percent of all spent abrasive, removed paint, and debris from the abrasive blast operation. Ground cover shall consist of reinforced plastic or canvas tarps sufficiently overlapped and secured to prevent contamination of the ground by contact of the abrasive and paint chips debris and shall extend approximately 15 to 20-feet outside the containment or as allowed by the site conditions. 8. The Contractor shall be fully responsible to provide 100 (%) percent temporary, minimum 6 foot height, wire mesh or snow type fencing around the perimeter of the Owner's property to prevent unauthorized access to the site. Corner and inter-mediate posts shall be adequate to support the fence and placed at maximum 12 foot intervals. The contractor shall install adequate, lockable gates for access by personnel and contractor equipment. The Contractor expressly agrees to abide by the decision of the Owner or Engineer in accepting or rejecting the Contractors temporary fencing installation. 9. Disposal of Waste materials generated by the Contractor or his subcontractor(s) will be as specified in Section 10 of this Specification 5.5 Blast Cleaning -Bid Items #3, 4 and 5, Proposal 1.0 1. Use proper equipment and abrasives when blast cleaning to produce the mil profile, within the range of, 2.0 to 3.5 or as recommended by the coating Manufacturer. Do not reuse sand or flint abrasives. 13 2. The abrasive used shall be of the type that is graded as to proper size, shape and hardness. It shall be free of contaminants and shall not embed itself ~n the blasted surface. Silica sand, Flint, Garnet or Quartz type abrasives shall be chemically washed, dried, dust, dirt and fines free, resistant to fracture (shattering), and contain no leachable contaminates. Synthetic (non-metallic and non-siliceous) abrasives such as Silicon Carbide, Aluminum Oxide and Refractory Slag products shall meet the above criteria. THE USE OF REDUCED OR DUST FREE ABRASIVE BLASTING IS REQUIRED. THE USE OF A PROPRIETARY ADMIXTURE TO THE SELECTED ABRASIVE SUCH AS "BLASTOX" {TM) IS OPTIONAL TO ENSURE SATISFACTORY TOXICITY CHARACTERISTICS TESTING. Prior to start-up of the project, samples of the Contractor's selected abrasive and/or abrasive/admixture shall be submitted to the Engineer for testing and approval. Random field testing of the abrasive shall be done, as directed by the Engineer to ensure the abrasive used complies with these requirements. 3. The use of a recyclable abrasive, such as steel grit, is neither specifically encouraged nor .prohibited. Contractor's requesting the use of a recyclable abrasive must comply with the specified mil profile. Waste generated by this method of abrasive blasting may be considered Hazardous Waste and as such must be disposed of accordingly. Therefore, the provisions of Sections 10.4 and 10.6 are not applicable. 4. -All compressed air supply shall be properly equipped with suitable after coolers, oil and moisture separators to prevent contamination of abrasives and/or blasted surfaces. These separators shall be of the continuous bleeding or automatic dumping type. In order to prevent contamination of abrasives and/or blasted surfaces, it is recommended that the separators be installed between the compressor air outlet and the blasting pot compressed air inlet. 5. Stop abrasive blast cleaning in sufficient time to remove all dust, spent abrasive and other foreign matter from and around all blasted surfaces (including rigging and equipment) and to allow the atmosphere to clear before any coating is done. Removal of these materials shall be by clean brush or suitable industrial vacuum with particular attention given to welds, pockets, poorly accessible areas or any overhead areas. 6. Apply the first coat to all prepared surfaces, except that there shall remain uncoated a 3 inch to 4 inch border of blasted steel at the end of each workday. When blast cleaning resumes the following workday, this border shall be reblasted up to and including 1 inch to 3 inch of the previous primer coating. 7. Take extra care during all blasting operations, to prevent damage or abrasive impingement upon previously applied-coated areas. 8. A prime coat shall be applied within eight (8) hours after sandblasting. When the humidity exceeds 80%, the prime coat shall be applied within four (4) hours after sandblasting. If conditions are questionable, the Engineer shall make the decision, and the Contractor shall accept his interpretation as final and binding. See paragraph 5.2 (Workmanship) for additional temperature and humidity limitations. 9. A daily inspection of the separators and compressed air supply will be required to insure cleanliness of all compressed air supplied for abrasive blasting. This test will be performed by a blotter test. A clean white Blotter is held, no more than 18 inches, from the air supply, down stream of moisture and oil separators. The air supply is directed at the Blotter for approx. (2) two minutes. The Blotter is I4 then examined visually for signs of oil and moisture. A clean blotter at test completion means a successful passing of the air supply test. Failure to pass the compressed air test will be justification for rejection of abrasive blasting performed that day. The Engineers discretion will be final in this determination. 6e0 COATIl~TG 1VIATE L ANTI) QUALITY 1. The coating and coating products used to complete the project shall be as specified in the Bid Item Descriptions or an approved equal. The products of other manufacturers comparable in quality and type will be acceptable if the following conditions are met: 1) Satisfactory data is submitted on past performance of the product on other water storage tanks. 2) The product complies with State of Minnesota Health Department standards. 3) The ENGINEER approves the product. 4) No request for substitution shall be considered unless prior written approval has been obtained seven (7) days prior to the bid opening. 2. All materials shall be brought to the job site in the original sealed and labeled containers of the coating manufacturer and shall be subject to inspection by the ENGINEER. 3. The CONTRACTOR shall submit to the ENGINEER, irmnediately upon completion of the job, Certification from the manufacturer indicating the quantity of each coating purchased. Such Certification shall refer to the square footage figures provided to the manufacturer and the ENGINEER by the CONTRACTOR. 4. All coating ingredients shall conform to current applicable specifications of the American Society for Testing and Materials. No coating materials shall be reduced or thinned except as specified or recommended by the manufacturer of the coating. The coatings shall be thoroughly mixed and kept thoroughly stirred during application. 5. All coating for the interior surfaces that will or may be exposed to the storage water shall be a tasteless and nonpoisonous product designed for such usage and approved by the State of Minnesota Department of Health. 6. The CONTRACTOR shall provide adequate job site storage for all coating materials, thinners, rags and waste materials, per the manufacturers shipping and storage requirements, State and Local regulations, the ENGINEER'S specifications, or as directed by the ENGINEER. Adequate job site storage facilities shall be defined as any temporary job site trailer, building or enclosed 15 van providing shelter and temperature protectian to stared coating materials, thinners and solvents which meet State and local regulations. 7.0 SURFACE C®r~TITTG A1~ MATERIALS 7.1 Interior Wet Coating -Bid Item #3, Proposal 1.0 The tank interior area shall be coated with products manufactured by Aineron International, Carboline Company, Devoe Coatings, Sherwin-Williams Company, Tnemec Company, Inc. or approved equal as outlined below to a holiday free surface. 1. Ameron International Amercoat 370 Primer A~nercoat 370-Buff, 4.0-6.0 mils dry film thickness. The DFT of the primer at any individual spot measurement location shall be 4.0 mils minimum. Finish Amercoat 370-White, 4.0-6.0 mils dry film thickness. The total dry film thickness including the primer and finish coat shall be 8.0 mils. minimum - 12.0 mils with an average of 10.0 mils. The minimum dry film thickness of the coating at any individual spot location shall be 8.0 mils. 2. Carboline Company. Super Hi-Gard Series 891 or 894 LT. Primer Super Hi-Gard Series 891-1898 Buff or 894-1898 Buff, 4.0-6.0 mils dry film thickness. The DFT of the primer at any individual spot measurement location shall be 4.0 mils minimum. Finish Super Hi-Gard Series 891-5800 White or 894-8882 White, 4.0-6.0 mils dry film thickness. The total dry film thickness including the primer and finish coat shall be 8.0 mils minimum - 12.0 mils with an average of 10.0 mils. The minimum dry film thickness of the coating at any individual spot location shall be 8.0 mils. 3. Devoe Coatings, Inc. Devoe Bar-Rust 233H Epoxy coating. Primer Bar-Rust 233H-Buff, 4.0-6.0 mils dry film thickness. The DFT of the primer at any individual spot measurement location shall be 4.0 mils minimum. Finish Bar-Rust 233H-3501-Off White, 4.0-6.0 mils dry film thickness. The total dry film thickness including the primer and finish coat shall be 8.0 mils minimum - i2.0 mils with an average of 10.0 mils. The minimum dry film thickness of the coating at any individual spot location shall be 8.0 mils. 4. Sherwin-Williams Company. Sherwin-Williams Epoxide HS or Epoxide II epoxy coating. Primer # Epoxide HS-B62L940 Blue or Epoxide II-B62H920 Buff, at 4.0-6.0 mils dry film thickness. 16 The DFT of the primer at any individual spot measurement location shall be 4.0 mils minimum. Finish # Epoxide HS-B62W940 White or Epoxide II-B62W920 White, at 4.0-6.0 mils dry film thickness. The total dry film thickness including the primer and finish coat shall be 8.0 mils minimum - 12.0 mils with an average of 10.0 mils. The minimum dry film thickness of the coating at any individual spot location shall be 8.0 mils. 5. Tnemec Company, Inc. Tnemec Pota-Pox Series 20 or Series 20 FC coating. Primer #20-1255 Beige, 4.0-6.0 mils dry film thickness. The DFT of the primer at any individual spot measurement location shall be 4.0 mils minimum. Finish #20-AA90 White, 4.0-6.0 mils dry film thickness The total dry film thickness including the primer and finish coat shall be S.0 mils minimum - 12.0 mils with an average of 10.0 mils. The minimum dry film thickness of the coating at any individual spot location shall be 8.0 mils. 7.2 Interior Dry Coating -Bid Item #4, Proposals 1.0 & 2.0 The tank interior dry area shall be coated with products manufactured by Ameron International, Carbaline Company, Devoe Coatings, Tnemec Company, Inc., Sherwin-Williams Company or approved equal as outlined below. The total dry film thickness including the primer and the finish coat shall be 8.0 mils minimum - 10.0 mils with an average of 9.0 mils. The minimum dry film thickness of the coating at any individual spot Location shall be 8.0 mils. 1. Ameron International Amercoat 370 Primer Amercoat 370-Buff, 3.0-4.0 mils dry film thickness. The DFT of the primer at any individual spot measurement location shall be 3.0 mils minimum. Finish Amercoat 370-White, 3.0-4.0 mils dry film thickness. 2. Carboline Company, Inc. Primer/Finish -Super Hi-Gard Series $91-5800 White or 894-8882 White, 4.0-6.0 mils dry film thickness per coat. 3. Devoe Coatings, Inc• Primer/Finish -Devoe Bar-Rust 235-off White, 4.0-6.0 mils dry film thickness per coat. The minimum total dry film thickness shall be 8.0 mils DFT. 4. Tnemec Company, Inc. Primer/Finish -Tnemec Hi Build Epoxoline Series 66 - AA 90 White, 4.0-6.0 mils dry film thickness per coat. The minimum total dry film thickness shall be 8.0 mils DFT. 17 S. Sherwin-Williams Company. Sherwin-Williams Company Epoxy coating system. Primer(Finish Dura-Plate 235-Buff/Whzte, 4.0-6.0 mils dry film thickness per coat. The minimum total dry film thickness shall be 8.0 mils DFT. 7.3 Exterior Coating e did Item #5, Proposa11.0 The tank exterior shall be coated with products manufactured by Carboline Company, Devoe Coatings, Sherwin-Williams Company, Tneznec Company, Inc. or approved equal as outlined below. 1. Arrzeron International Aznercoat 370 Primer Amercoat 370-White, 4.0-6.0 mils dry fzlm thickness The DFT of the primer at any individual spot measurement location shall be 4.0 mils minimum. Finish Amercoat 450HS-Color, 2.0 mils dry film thickness. The total dry film thickness including the primer and finish coat shall be 6.0 mils minimum - 8 mils with an average of 7.0 mils DFT. The minimum dry film thickness of the coating at any individual spot measurement location shall be 6.0 mils. 2. Carboline Compan Carboline Company Epoxy/urethane coating system. Pruner -Carboline # 890 or Carboline # 888 LT, 4.0-6.0 mils DFT. The DFT of the primer at any individual spot measurement location shall be 4.0 mils minimum. Finish -Carboline # 133 HB-Color, 2.0-4.0 mils DFT. The total dry film thickness including the primer and finish coat shall be 6.0 mils zninimuzn - 10 mils with an average of 8.0 mils DFT. The minimum dry film thickness of the coating at any individual spot measurement Location shall be 6.0 mils. 3. Devoe Coatings. Inc. Devoe Coatings Epoxy/urethane coating system. Primer -Bar-Rust 235-Color Epoxy, 4.0-6.0 mils DFT. The DFT of the primer at any individual spot measurement location shall be 4.0 mils minimum. Finish - Devthane 378 Aliphatic Urethane Enamel-Color, 2.0-4.0 mils DFT. The total dry film thickness including the primer and the finish coat shall be 6.0 mils minimum - 10.0 mils with an average of 8.0 mils DFT. The minimum dry film thickness of the coating at any individual spot location shall be 6.0 mils. 4. Sherwin-Williams Company. Sherwin-Williams Company Epoxy/urethane coating system. Primer Dura-Plate 235-Buff epoxy, 4.0-6.0 mils DFT. The DFT of the primer at any individual spot measurement location shall be 4.0 mils minimum. Finish Acrolon 218 Acrylic Polyurethane-Color, 2.0-4.0 mils DFT. 18 The total dry film thickness including the primer and the finish coat shall be 6.0 mils minimum - 10.0 mils with an average of 8.0 mils DFT. The minimum dry film thickness of the coating at any individual spot location shall be b.0 mils. 5. Tnemec Com~any, Inc. Tnemec Company Epoxy/urethane coating system. Primer -Tnemec Hi-Build Epoxoline Series 66-AA-90 White, or Series lb1-AA- 90 White Fascure Epoxy, 4.0-6.0 mils DFT. The DFT of the primer at any individual spot measurement location shall be 4.0 mils minimum. Finish -Tnemec Endurashield II Series 1075-Color, 3.0-5.0 mils DFT. The total dry film thickness including the primer and the finish coat shall be 7.0 mils minimum - 11.0 mils with an average of 9.0 mils DFT. The minimum dry film thickness of the coating at any individual spot location shall be 7.0 mils. Exterior primer and intermediate coats color to be one shade lighter than the finish color. The Owner shall select the exterior finish color from the Boating manufacturer's standard color charts. 7.4 1\Ton-skid walkway -Bid Item #5, Proposal 1.0 The non-skid walkway shall consist of one (1) additional coat of epoxy primer at 4.0 - 6.0 mils wet applied between the primer and finish coat as specified in Section 7. While the epoxy primer is still wet, broad cast clean dry 40 mesh Silica sand over the wet primer to saturation. When the primer non-skid walkway is dry, remove excessive sand. Finish coat per Section 7 above. 7.5 Tank Lettering -Bid Item #5, Proposal 1.0 The Contractor shall paint the new Lettering at the existing lettering location. Any techniques, such as the use of a template, that must be utilized shall be the responsibility of the Contractor, and shall be done without additional compensation. The Lettering color shall be selected by the Owner from coating manufacturer's standard color charts. The Lettering details are shown in Appendix A. 7.6 Epoxy or Urethane Caulk -Sid Item #1, Proposal 1.0 The tank interior or exterior epoxy caulking requirements shall be with products manufactured by Tnemec Company, Inc., Sika Corporation or approved equal as outlined below. 1. Tnemec Co. Tnemec Seam Sealer # 62-1500 2. Sika Corporation. Sika Elastomeric Sealant, moisture-cured, 1-component non-sag Sikaflex® - lA. ~~ 7.7 Gasket 1dlaterial -Bid Iteno #I, Proposal 1.0 For manways that use a flat style gasket, the gasket is 1/4 inch thick and use either a Neoprene or a EPDM material with a durometer hardness of 50 on the Shore A scale. 2. For manways that require a 3/4 inch, round, solid core, 24 inch diameter gasket, material shall be Buna-N Rubber with a durometer hardness of 50 on the Shore A scale. A possible source of this material is Power Process Equipment, Inc., Mpls., MN (952} 937-1000. For flat cover ventilation manways, roof vents and similar applications use a flat style gasket that is 1/8-inch thick and use either a neoprene ar a EPDM material with a durometer hardness of 50 on the Shore A scale. 7.7 Areas to Protect -Bid Item #3, 4, and 5, Proposal 1.0 1. Do not coat over vent or overflow screens, ladder safety equipment devices, aircraft warning or obstruction lights and miscellaneous antenna equipment. Temporarily remove the ladder safety climb equipment for abrasive blasting and coating operations. Reinstall ladder safety climb devices after approval by Engineer of the coatings. 2. The entrance of dirt, sediment, blast media, and other debris into the inlet/outlet pipe, as well as the entrance of residual water into the tank area from a faulty valve is to be prevented. To prevent this and protect the piping, the Contractor shall, prior to any surface preparation work, insert into the inlet/outlet pipe a heavy duty, inflatable flex-plug, such as those manufactured by Peterson Products Company, P.O. Box 340, Fredonia, WI 53021-0340, 1-800-926-1926 or rubber plugs such as those manufactured by Vanderlans and Sons, Inc., 1320 South Sacramento Street, Lodi, CA 95240, 1-800-452-4902. 7.8 Hydrant Pressure Relief Valves -Bid Items #3, 4, and 5, Proposals 1.0 & 2.0 1. Contractor is to temporarily provide for the Owner's use, during the time period when the tank is out of service, two (2) fire hydrant pressure relief valves. Valves are to be: Babco Pressure Relief Valve Model "B", 0-100 PSI, USAB1ueBook Stock Number 26406 or Watts Hydrant Relief Valve, 20-175 PSI Adjustable, USABIueBook Stock Number 17140 or approved equal. Hydrant relief valves are to be supplied with both steel hydrant diffuser and 2-inch NPT (F) adapter for direct attachment of a fire hose. Fire hoses needed to direct drain water will be supplied by the Owner. 7.9 Protection of Antennas -Bid Item #5, Proposal 1.0 8.0 REPAIR WORK 8.1 Areas to be repaired are described in the Bid Item Descriptions. 20 8.2 All repairs by welding shall be ground smooth or radiused in conformance with the requirements of Appendix C and as directed by the Engineer. These will be welded by a skilled, certified welder under the direction of the ENGINEER. The welders shall be certified in conformance with ASME Section I~ and shall submit current copies of the welders' certificates to the ENGINEER and the OWNER. The repaired areas shall conform to the surface preparation requirements of Section 4 Appendix C, NACE Standard RP0178-89, NACE Weld Preparation Designation "C". 8.3 NO WELDING OVER COATED STEEL SURFACES IS PERMISSIBLE. THE CONTRACTOR IS RESPONSIBLE TO ADEQUATELY REMOVE ALL COATINGS BEFORE WELDING. All areas that require welding are to be abrasive blasted before any welding is started. 8.4 Welding Procedures: 1. All field welding shall be in accordance with ASME Section VIII, Division 1 and AWWA D-100-96. 2. The location, type, size, and length of all welds shalt be as shown on approved shop drawings. All field welds shall be of the manual shielded metal arc type. Welding shall not be done when the surface temperature is lower than 35 degrees Fahrenheit, when surfaces are wet, or when welders are exposed to inclement conditions. 3. THE CONTRACTOR SHALL SUBMIT ALL WELDING PROCEDURES TO THE ENGINEER FOR APPROVAL PRIOR TO THE PRECONSTRUCTION MEETING. 4. The CONTRACTOR can use alternate design details to those shown in Appendix B KLM Drawings. However, the CONTRACTOR must submit all shop drawings to the ENGINEER for approval. 5. Certification and Tests: CONTRACTOR shall, upon request from OWNER, provide certification in writing that all welds are in conformance with this specification and that any weld failure, defect and/or all damage relating therefrom will be repaired or replaced to the satisfaction of OWNER at no cost to OWNER. OWNER reserves the right to have all welds tested. Tests will be paid for by OWNER; however, in the event that work is defective, CONTRACTOR shall pay for the tests and shall replace all faulty work with work that complies with this Specification. 21 6. Any additional repair work, uncovered by the CONTRACTOR or ENGINEER, during reconditioning shall not be initiated until duly authorized and executed change orders issued and signed by the OWNER and accepted and signed by the CONTRACTOR are completed. Refer to General Conditions for details involving increases or decreases in the amount of work. 9.0 HEALTH AND SANITARY FACILITIES 9.1 Prior to commencing any of the work on this Contract and thereafter at all times, the CONTRACTOR shall provide a suitable self-contained type privy similar to such as is available from Satellite Service Company. Said privy shall be satisfactorily serviced and kept in a sanitary condition at all times. 9.2 No one, the CONTRACTOR, CONTRACTOR'S employees or anyone under CONTRACTOR'S control, shall work in the tank if person has been under or has needed physician's care or has had a contagious or communicable disease within a seven day period prior to entering or working on said tank. 10.0 CLEAN UP AND STERILIZATION 14.1 On completion of the work on the interior of the tank, the Contractor shall remove all dirt, litter and leave all surfaces in reasonably clean condition, scrubbing the same with water and approved soap or other cleaning agent. Cleaning and rinsing shall be performed by a Contractor provided power or jet truck using a miniri~um 2-inch diameter sanitary hose. When this has been completed, inspected and approved by the Owner or Engineer, the final sterilization of said interior will be done by the Contractor at no cost to the Owner. 14.2 The Contractor shall, at all times, keep the premises free from accumulations of waste material or rubbish caused by his employees or work. He shall clean-up abrasive material or rubbish on a daily regular schedule as directed by the Engineer. All unneeded construction equipment shall be removed from the site and all damages, repaired expeditiously so that the adjacent property is inconvenienced as little as possible. 14.3 During exterior sandblasting and coating operations, the Contractor shall provide adequate protection and containment to prevent damage to adjacent structures and property by his operations. The Contractor shall also perform intermittent or periodic clean up of adjacent grounds to prevent the accumulation of sandblast sand and debris caused by his operations. This shall include but not be limited to, sidewalks, streets, driveways, yards, and rooftops. 22 1.0.4 The Contractor shall be fully responsible to recover, remove and dispose of properly all spent abrasives, removed coating and paint, spent solvents, paint containers and other non-specific waste in accordance with current State and Federal regulation included but not limited to the 1976 Resource, Conservation and Recovery Act (RCRA} and its amendments, specifically the 1984 Hazardous and Solid Waste Amendments to RCRA. Disposal of "empty containers" shall be in accordance with RCRA 40 CFR 2b 1.7 and Minnesota State Regulations. IN ADDITION THE CONTRACTOR SHALL SUBMIT FOR REVIEW AND APPROVAL HIS TCLP SAMPLING PLAN. The Sampling Plan and quality control measures must be in conformance with EPA Test Procedure Manual SW-846 and current State of Minnesota, Pollution Control Agency Requirements. Proper documentation of this process is required by EPA and this specifications. The Contractor is also responsible to provide proper documentation per RCRA/EPA and State regulations for identifying, tracking and disposal of the waste generated. At a minimum, this documentation shall include a Waste Evaluation Form, Industrial Solid Waste Tracking Farm, Landfill Special Waste Tracking Form and letter of acceptance of the waste by the appropriate landfill or disposal site. 10.5 Under this Agreement, the Contractor shall be responsible for compliance with local, state and federal regulations concerning emissions or disposal of solid, particulate, liquid or gaseous matter as a result of the cleaning, painting or other operations. Compliance with this provision shall be accomplished without direct supervision from the Engineer or Owner. The Owner shall not grant additional compensation for changes in the law, regulations or interpretations of said laws or regulations. The burning of trash, paper or wood on the job site is not permitted. Unless otherwise provided by these specifications, the Contractor is responsible for all containing, shielding, waste retrieval or other precautions required by any regulatory agency at no additional cost to the Owner. Any fines imposed on the Owner or Engineer by any regulatory agency because of the contractor's non-compliance with Environmental Regulations shall be paid or reimbursed by the contractor. 10.6 THE CONTRACTOR SHALL PERFORM TIMELY LABORATORY TESTING OF WASTE MATERIALS GENERATED ON THE JOB SITE TO DETERMINE ITS SPECIFIC CLASSIFICATION FOR PROPER DISPOSAL IN ACCORDANCE WITH THIS SPECIFICATION AND ALL APPLICABLE STATE AND FEDERAL REGULATIONS. A MIlVIMUM OF FOUR (4} TCLP TESTS SHALL BE PERFORMED OR AS REQITH2ED BY REGULATIONS ON BOTH THE INTERIOR AND EXTERIOR WASTE MATERIALS. TCLP TESTING SHALL BE FOR ALL EIGHT (8) SPECIFIC CONSTITUENT CONCENTRATIONS (EIGHT (8) HEAVY METALS/INORGANICS) AS SHOWN IN 40 CFR 261.24, TABLE 1 OR AS AMENDED BY REGULATION. 23 10.7 The Owner intends to perform timely laboratory testing of waste materials to verify test results taken by the Contractor. In the event of discrepancies in test results and the resultant classification of waste materials, it is agreed by the parties to this Contract that the Engineer shall perform independent testing and shall deternine aII questions in relation to the classification of waste materials. The Contract®r will be held liablc for all supplementary testing, Engineering and associated Contract Administration cost. 10.8 On or before the completion of work, the Contractor shall, unless otherwise directed in writing, remove all temporary works, tools and machinery or other construction equipment placed by him. He shall remove all rubbish from any grounds that he has occupied and shall leave alI of the premises and adjacent property affected by the operation in a neat and restored condition satisfactory to the Engineer. Restoration of grass areas shall be by the placement of black soils suitable for the growing of grass and seeded to the Owners satisfaction. 11.0 iTENTII.ATION AND SAFETY REQITIlaEMENTS 11.1 The CONTRACTOR shall maintain adequate and continuous explosion-proof ventilation during surface preparation, coating operations and recoat and curing periods. This ventilation shall be of the suction type, installed on the roof ventilation manways or roof openings and shall be of sufficient capacity to maintain throughout the tank interior a clear atmosphere that is well below explosive and toxic limits. All ventilation shall be in compliance with OSHA and the Minnesota Department of Labor and Industry for Confined Spaces Entry. 11.2 Ventilation of the interior shall be performed by the use of dust collectors at manways and ventilation openings. Alternatively, ventilation fans may be used, with the Engineer's approval, at roof manways and ventilation openings if they have a minimum free air capacity of 6200 CFM and include dust socks to prevent the escape and drift of dust generated by interior abrasive blasting. 11.3 Arrange the ventilation system, including all fans and temporary ductwork, so that fresh air is drawn into the tank at the bottom and is exhausted at the top with an upward air movement pattern within the tank that permits no still air spaces to exist in any area. Give particular attention to floor level or lower spaces and pocket areas where heavier- than-air solvents and particulate matter are likely to accumulate. Said ventilation shall be sufficient for the removal of dust, coating fumes or other volatile gases and moisture to such an extent as to prevent any undesirable accumulation of any thereof to the hazard of the workmen or the work. 11.4 All electrical equipment, tools, and ventilation fans shall be explosion-proof and/or non-sparking and shall be maintained in good working order. Spray equipment shall be as recommended by, or acceptable to the coatings manufacturer, and shall be thoroughly cleaned before and after use with the appropriate cleaning solvents. 24 11.5 Provide adequate explosion-proof lighting during all surface preparation and coating operations. This lighting shall be sufficient to illuminate clearly the working area without shadows. 11.6 In the event heating devices are used, they shall be explosion-proof and of the type that do not exhaust sooty or oily residues or any other contaminants into the tank. Only indirect heat heating units can be used which will not cause the products of combustion to condense. 11.7 Prior to use, store all coating materials in a secure area that shall provide protection from weather and temperature, below 60 degrees F. The area shall be maintained in a safe, neat, and clean manner and free from fire, explosion or other hazards. 11.8 All work shall be performed in a safe and orderly manner, all in compliance with the standards as prescribed by OSHA and the Minnesota Department of Labor and Industry, Division of Accident Prevention. The Contractor is directed to the Supplemental Conditions Section for the full scope of regulatory requirements. The CONTRACTOR will be required to comply with OSHA Regulations 5205.1000-5205.1040 and 5067.0300 for Confined Space Entry. Compliance with Confined Space Entry includes daily monitoring the confined space for four gases and the daily confined space entry log. This daily confined space entry monitoring shall be far OSHA compliance for not only the contractor or subcontractor forces but shall also include monitoring for representatives from the Owner and Engineer. Any fines imposed on the Owner or Engineer by any regulatory agency because of the contractor's non-compliance with OSHA Regulations shall be paid or reimbursed by the contractor. The contractor will be required to comply with OSHA Regulations 29 CFR 1926.62 Lead for worker health. Management and supervisory personnel shall be responsible for employee training and compliance with this policy. 11.9 The contractor shall be responsible to secure all tank openings at the end of each day or at any time, he has temporarily left the job site. In place of manway covers the contractor may use adequately secured and locked grating type covers to secure all openings. Gratings used for ventilation purposes shall be of at least '/fl- inch diameter wire mesh with minimum 2 square inch mesh openings to allow adequate air passage. 12.E S~IPERIN'~'E1Vl)ENT 12.1 The Contractor shall keep on this job a competent superintendent or crew foreman who shall be familiar with all phases of the work. The superintendent or crew foreman shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor. 25 12.2 The superintendent or crew foreman shall be responsible to perform initial quality control inspection of the crew's workmanship for compliance with the specifications. When the work or materials are ready for inspection by the Owner's or Engineer's representative or inspector the superintendent or crew foreman shall give appropriate notice to the inspector. Refer to paragraphs 10.0 Quality Assurance and 11.0 Rejected Work and Materials of the Project Requirements (Green) Section. i2.3 The contractor shall be responsible to perform initial testing to the interior wet coating below the HWL to ensure a holiday free surface. 13.0 INSPECTION OF WORK 13.1 The OWNER'S personnel and the inspector shall at all times have access to the work, and the CONTRACTOR shall provide proper facilities for such access and inspection. 13.2 The ENGINEER reserves the right to inspect the Work at ~: any time for compliance with all requirements of the specifications. 13.3 The ENGINEER reserves the right to approve each phase of the Work before further Work inay be done, to halt all Work deemed to be improper or not in compliance with the Specifications, and to require the CONTRACTOR to promptly correct all improper practices or deficient Work. 13.4 Inspections may include wet and/or dry film thickness gauging, visual surface inspection by the naked eye and/or a suitable magnifying instrument to detect runs, sags, drips, cracks or other defects in the coating system. 13.5 Inspections may also include any other examination of the prepared surfaces or coating system, deemed necessary by the ENGINEER, including random destructive film thickness and coating adhesion checks. The interior wet area of the tank shall be tested and inspected by the Engineer to ensure a holiday free surface. Interior wet area of the tank shall be tested and inspected by the Engineer to ensure that the coating has cured in accordance with the manufacturer's recommendations. 13.6 Dry film thickness (DFT) readings of the coating are taken to provide reasonable assurance that the specified minimum DFT has been achieved. A minimum of five (5) separate spot measurements shall be made over every 100 square feet in area. Each spot measurement shall consist of an average of three (3) gage readings next to each other no further then six (6) inches apart. Each Spot measurement must be within the specified minimum thickness. The single gage readings, however, making up the spot measurement are permitted to be no less then 80 percent of the specified minimum thickness. zs 13.7 The CONTRACTOR shall provide all necessary inspection equipment (at the discretion of the ENGINEER), labor, rigging, lighting and other equipment to facilitate this inspection. 13.8 Any expenses incurred for corrective measures required as the result of improper practices and/or defective or deficient work shall be borne by the CONTRACTOR and the extent of these corrective measures shall be at the discretion of the ENGINEER. This includes costs for the Effigineer to perform repeated and excessive re-inspection of defective or deficient work performed by the Contractor. 13.9 Such inspection shall not relieve the Contractor from any obligation to construct the work strictly in accordance with the plans and specifications. Work not so constructed shall be removed and replaced by the Contractor at his own expense. 14.0 STEI2II~IZATI®l~ ®F TANK 14.1 Upon completion of the coating and confirmation that the coating has been properly cured, the inside of the tank shall be thoroughly cleaned in accordance with Section 10.0 and disinfected by the use of chlorine applied in a concentrated solution, sprayed over the entire surface in accordance with the specifications of the Minnesota Health Department, and AWWA C652-86, section 4,2: Chlorination Method 2. 14.2 The disinfected surfaces shall remain in contact with the chlorine solution for at least 30 minutes. Then all disinfected surfaces, including the inlet and outlet piping and any drain piping shall be washed and purged with clean water. Remove all chlorine solution and purging water from the interior. Following this, potable water shall be admitted. 14.3 The Owner shall take a bacteria test of the water after disinfecting. If the water is considered not .safe after testing, additional disinfecting and testing shall be performed by the Contractor at his expense until the tank is tested safe for use as part of a potable water supply system. 14.4 The Owner shall take a taste and odor test of the water after disinfecting to detect the presence of any volatile organic compounds (VOC's) imparted by the coating. If the water is not considered safe or acceptable after testing further work shall be performed by the Contractor at his expense until the tank is tested safe and acceptable for use as part of a potable water supply system. 27 15.0 CONTA NT PLAN 15.1 Submittal of containment plan outlining all the details submitted in drawings, equipment, tarps, structural loading that the containment system will impart to the tank(s), structural loading calculations, dust collection equipment and if the contractor chooses to employ any wet abrasive blasting, the inhibitor the CONTRACTOR plans to employ with the wet abrasive blasting operation. 15.2 The containment plan must be in conformance with Minnesota Pollution Control Agency regulations, Chapter 7025 for the removal of Lead Paint from Steel Structures and this specification. Included in the Containment Plan submittal are the Contractors calculations of Risk Factor per MN PCA regulation section 7025.0310, temporary site fence, project site notification sign, and engineering controls for the reduction, removal and control of lead dust, for compliance with worker health and environmental regulations. 15.3 THE CONTAIlVIVIENT PLAN MUST BE SUBMITTED FOR REVIEW AND APPROVAL BY THE ENGINEER SEVEN (7) DAYS BEFORE THE PRECONSTRUCTION MEETING. Work on the Project will not begin without an approved containment plan. c:\jk\mydocuments\specifications\MN2194Technical.doc 1 SITPPI.EMENTAI, CONDITIONS KLM PROJECT NO. MN 2194 INDEX Section Page Index 1 - 1.0 Scope 2 2.0 Reference Documents 3 3.0 Applicable Codes and Standards 5 4.0 Execution - - __=_--- 6 5.0 Definitions 6 6.0 Protection of Natural Resources 7 7.0 Dust Control 8 8.0 Criteria for Controls Over Worker Protection 8 9.0 Criteria for Handling of Hazardous Waste and Reporting Releases 9 10. Contractors Written Programs 10 These Supplemental Conditions amend or supplement the General Conditions and other provisions of the Specifications and Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in fiill force and effect. 1.0 Scope 1.1 Re~ulatory Requirements This specification covers the requirements for worker protection, environmental protection, and the handling of debris generated from industrial lead paint removal. a. It is consistent with the intent of these contract documents to describe those performance standards, often broad and general in nature, required to provide a complete and operating system. It shall be the responsibility of the CONTRACTOR to familiarize himself fully regarding the detailed needs and requirements of any and all regulatory agencies having jiu-isdiction aver this work. These detailed needs and requirements shall be accommodated, as part of the Work, in every manner just as if they were prescribed in these Contract Documents and Specifications. b. The CONTRACTOR shall comply with and have documented Confined Entry Space Procedures available at the tank sites at all times as required by OSHA 29 CFR 1910.146. The CONTRACTOR shall also comply with any state and/or local requirements which are more restrictive than the federal requirements. c. The CONTRACTOR shall comply with safe working practices for cleaning, burning, welding, and handling lead-based and non-lead-based coated steel, and all health and safety regulations and requirements of Federal OSHA 29 CFR 1926.62, Interim Final Rule on Lead in Constriction, state and local health regulatory agencies, and any Material Safety Data Sheets (MSDS). This compliance shall be accomplished without supervision from the Engineer, or other direct or indirect agents of the Engineer. All rigging attachments present on the tanks shall be carefuIly inspected by the CONTRACTOR immediately prior to use. The CONTRACTOR assumes all responsibility for use of any existing or added attachments. d. The CONTRACTOR shall institute a medical suuveillance program in complete accordance with OSHA 29 CFR 1926.62, Interim Final Rule on Lead in Construction or more restrictive regulations. As part of program, the CONTRACTOR shall make available biological monitoring in the form of blood sampling and analysis for lead. The CONTRACTOR shall fiu-nish certification to the Engineer to document its compliance with the medical surveillance program requirement. The costs of biological monitoring shall be paid for by the CONTRACTOR. Compliance with local, state and federal regulations concerning emissions or disposal of solid, particulate, liquid, or gaseous matter as a result of the reconditioning, or other operations under this Agreement shall be the responsibility of the CONTRACTOR. Thais compliance shall be accomplished without supervision from the Engineer. No additional compensations for changes in the laws, regulations, or the interpretation thereof shall be granted by the Engineer. No burning of trash on the site shall be permitted. Anv fines imposed on the En-mg eer b~y re latory acv as a result of the CONTRACTOR'S NONCOMPLIANCE WITH ENVIRONMENTAL REGULATIONS SHALL BE PAID OR REIlyIBURSED BY TIIE CONTRACTOR. 1.2 Requirements. Provide required personnel, equipment, and materials, to recondition the tank and perform the project according to applicable codes and standards. 2.0 Reference Documents. The publications listed below farm a part of this specification to the extent referenced. The publications are referred to in the text by the basic designation only. 2.1 Code of Federal Regulations. 29 CFR 1910 "Occupational Safety and Health Standards" (General Industry Standards) 29 CFR 1910.20 "Access to Employee Exposure and Medical Records" 29 CFR 1910.1025 "Lead" 29 CFR 1910.137 "Respiratory Protection" 29 CFR 1910.146 "Permit Required Confined Space" 29 CFR 1910.1025 "Occupational Exposure to lead in General Industry Standard" 29 CFR 1910.1200 "Hazard Communication" 29 CFR 1926 "Safety and Health Regulations for Construction" (Construction Industry Standards) 29 CFR 1926.20 "Construction Industry, General Safety and Health" 29 CFR 1926.21 "Safety Training" 29 CFR 1926.28 "Personal Protective Equupment" 29 CFR 1926.51 "Sanitation" 4 29 CFR 1926.55 "Gases, Vapors, Fumes, Dusts and Mists" 29 CFR 1926.57 "Ventilation" 29 CFR 1926.59 "Hazard Communications" 29 CFR 1926.62 "Lead Exposure in Constriction Compliance Program" 29 CFR 1926.103 "Respiratory Protection" 29 CFR 1926.200 "Accident Prevention Signs and Tags" 29 CFR 1926.353 "Ventilation and Protection in Welding, Cutting and Heating" 29 CFR 1926.354 "Welding, Cutting and Heating in Way of Preservative Coatings" 40 CFR 50 "National Primary and Secondary Ambient Air Quality Standards" 40 CFR 50.6 "Air Quality Standards for Particulate Matter" 40 CFR 60 "Standards of Performance for New Stationary Sources, Appendix A, Test Methods" 40 CFR 117 "Determination of Reportable Quantities for Hazardous Substances" 40 CFR 122 "EPA Administered Permit Program: The National Pollutant Discharge Elimination System" 40 CFR 261 "Identification and Listing of Hazardous Waste" 40 CFR 262 "Standards Applicable to Generators of Hazardous Waste" 40 CFR 263 "Standards Applicable to Transporters of Hazardous Waste" 40 CFR 264 "Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities" 40 CFR 265 "Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities" 40 CFR 268 "Land Disposal Restrictions" 40 CFR 300 "National Oil and Hazardous Substances Pollution Contingency Plan" 40 CFR 302 "Designation, Reportable Quantities and Notification" 2.2 1Sational Institute for Occupational Safety and Health NIOSH Method 7082, "Lead" 2.3 American Society for Testing and Materials ASTM D-3335, "Test Method for Low Concentrations for Lead, Cadmiiun, and Cobalt in Paint by Atomic Absorption Spectroscopy" 2.4 Environmental Protection A~ency (EPA) Publications SW-846, "Test Methods for Evaluating Solid Waste-PhysicaUChemical Methods" EPA Method 1311, "Toxicity Characteristics Leaching Procedure" 2.5 Steel Structures Painting Council SSPC-Guide 61(CON) "Guude for Containing Debris Generated Dtuing Paint Removal Operations" SSPC-Guide 71(DIS) "Guide for the Disposal of Lead-Contaminated Surface Preparation Debris" 2.6 Corps of Engineers (COE) COE EP-1165-2-304 "1976 Flood Plain Regulations for Flood Plain Management" 2.7 Minnesota Pollution Control A~ency Removal of Lead from Steel Struchu~es -Chapter 7025 of MN State Statutes. 3.0 Applicable Codes and Standards As a minimum standard of quality and workmanship, Reconditioning Work is to comply with the latest edition of the following codes and standards insofar as they are applicable: American Water Works Association (AWWA) Standards American Welding Society (AWS) Standards American Petroleum Instihrte (API) Standards American Institute of Steel Construction (AISC) American Society for Testing and Materials (ASTM) Standards Occupational Safety and Health Achninistration (OSHA) Standards American National Standards Institute (ANSI) Standards United State Environmental Protection Agency (USEPA) United States Resource Conservation and Recovery Act (ITS RCRA} IVlimzesota Pollution Control Agency (MPAC) National Electric Code (NEC) National Association of Corrosion Engineers (MACE) Underwriter's Laboratories (ITL) Resource Conservation and Recovery Act (RCRA) Building Official and Code Administrators (BOCA) American Society of Civil Engineers (ASCE) The above codes and standards are hereinafter referred to as "Reference specifications." 4.0 Execution 4.1 Procedures CONTRACTOR shall comply with all regulations and requirements listed or inferred by this Section. The CONTRACTOR will obtain a "No Cost" Building/Construction permit from the Owner. The CONTRACTOR shall pay all other fees, obtain all other necessary permits maybe required for the prosecution of his work as called out in the Specifications. 5.0 Definitions Lead-Containing Paint: A paint is classified as lead-containing if it contains 0.5 percent or 5,000 PPM lead or greater. This can be determined from prior knowledge of the coating (certification from the coating manufacturer) or through laboratory testing in accordance with ASTM D-3335. Hazardous Waste: Paint debris is classified as hazardous due to the characteristic of toxicity, if after testing by Toxicity Characteristic Leaching Procedure (TCLP), the leachate contains any of the elements in the concentrations listed below (or greater): Arsenic 5.0 mg/1 Barium 100.0 mg/1 Cadmium 1.0 mg/1 Chrolnitun 5.0 mg/ 1 Lead 5.0 mg/1 Mercury 0.2 mg/1 Selenitun 1.0 g/1 Silver 5.0 mg/1 Other elements and characteristics can cause a material to be hazardous as defined in 40 CFR 261 and must be considered. Sediment: Soil and other debris that have eroded and have been transported by runoff water or wind. Solid Waste: Rubbish, debris, garbage, and other discarded solid materials resulting from industrial, commercial, and agricultural operations and from community activities. Rubbish: Combustible and noncombustible wastes such as paper, boxes, glass, crockery, Metal, lumber, cans, and bones. Debris: Combustible and noncombustible wastes such as ashes and waste - materials resulting from construction or maintenance and repair work, leaves, and tree trumnings. Chemical Wastes: This includes salts, acids, alkalis, herbicides, pesticides, organic chemicals, and spent products which serve no purpose. Sanitary Waste: Sewage Wastes characterized as domestic sanitary sewage. Garbage Refuse and scraps resulting from preparation, cooking, dispensing, and consmnption of food. Oily Waste Petroleum products and bihuninous materials. 6.0 Protection of Natural resources Preserve the natural resources within the project boundaries and outside the limits of permanent work. Restore to an egtuvalent or improved condition upon completion of work. Confine construction activities to within the limits of the work indicated or specified. 6.1 Temporary Construction Remove traces of temporary construction facilities such as work areas, structures, foundations of temporary structuures, stockpiles of excess or waste materials, and other signs of construction. Grade temporary roads, parking areas, and similar temporarily used areas to conform with surrounding contotu•s. 6.2 Water Resources Prevent oily or other hazardous substances from entering the ground, drainage areas, or local bodies of water. Surround all temporary fuel oil or petroleum storage tanks with a temporary earth berm of sufficient size and strength to contain the contents of the tanks in the event of leakage or spillage. 6.3 Control and Disposal of Solid and Sanitary Wastes Pick up solid wastes, and place in containers which are regularly emptied. Do not prepare, cook, or dispose of food on the project site. Prevent contamination of the site of other areas when handling and disposing of wastes. On completion, leave the areas clean. Control and dispose of waste. 6.4 Disposal of Rubbish and Debris Dispose of rubbish and debris in accordance with the requirements specified. 6.5 Garbage Disposal Place garbage in approved containers, and move to a pickup point or disposal area, where directed. 7.0 Dust Control Keep dust down at all times, including dtu-ing nonworking periods. Sprinkle or treat, with dust suppressants, the soil at the site, haul roads, and other areas disturbed by operations. All in compliance with MPCA ntles for control of fugitive particulate matter. 8.0 Criteria for controls over Worker Protection 8.1 OSHA requirements for the protection of workers shall be in accordance with 29 CFR 1926.62 Lead. 8.2 A written program addressing compliance with each of the items below shall be provided, Analysis of air monitoring filters shall be performed by an AIHA accredited laboratory. Blood lead testing shall be conducted by an OSHA approved laboratory. Note also that the requirements listed below are in addition to other O5HA hazard commtmication and safety and health requirements of the project. 8.2.1 Action level 8.2.2 Permissible expostue limit (PEL) 8.2.3. Exposure assessment (monitoring) 8.2.4 Compliance plan 8.2.5 Respiratory protection 8.2.7 Housekeeping 8.2.8 Hygienic facilities and practices 8.2.9 Medical stuveillance 8.2.10 Medical removal protection 8.2.11 Employee information and training 8.2.12 Signs 82.13 Record keeping 8.2.14 Observation of monitoring 8.3 Personnel medical test results: The results of all medical tests pertaining to this project shall be furnished to the Owner. 9.0 Criteria for handling of Hazardous Waste and Reporting Releases 9.1 The Owner is considered to be the generator of all hazardous waste for this project. The Contractor is responsible for all costs associated with disposing of all hazardous waste. 9.2 Sampling and Test of Debris: a. Representative samples of the debris shall be selected in accordance with the requirements of SW-846, and tested by TCLP in accordance with Appendix 11 of CFR 261. A minimum of four (4) samples per waste stream shall be taken. The contractor is responsible for all sampling and testing. The name and qualifications of the sampling and testing firms shall be provided to the Owner at least 30 days after work is completed. Results of testing will be provided to the Owner immediately upon receipt. 9.3 Hazardous Waste: If the test of the debris in Section 9.1 show the waste to be hazardous, the following requirements shall apply. 9.3.1 Site Storage and Handling. The contractor shall pay strict attention to the requirement of 40 CFR 262 and 40 CFR 265 for the on-site handling of debris. b. Special attention shall be given to the time of storage, amount of material stored at any one time, use of proper containers, personnel training and confii~nnation that as EPA identification number will be obtained. c. Paint debris shall not be placed on the unprotected ground and shall be shielded to prevent dispersion of the debris by wind or rain water. d. The contractor shall provide preparedness, prevention, and contingency plans (PCP) in accordance with 40 CFR 265 Sub part C and Sub part D for the steps to be taken in the event of an unplanned release or emergency. e. Any evidence of improper storage shall be cause for immediate shutdown of the project until corrective actions are taken. IO 9.3.2 Transportation and Disposal of Debris: a. The contractor shall arrange to have the debris transported from the site in accordance with the requirements of 40 CFR 263, and disposed of properly in accordance with 40 CFR 264 and 40 CFR 268 including the necessary notifications and certifications with shipments. b. Only licensed Transporters and disposal facilities shall be used. Signed manifests shall be returned to the Owner to verify that all steps of the handling and disposal process have been completed properly. 9.4 Clearance Testing: The contractor shall thoroughly vacuum, wash, or otherwise decontaminate reusable items prior to removal from the project site Items include, but are not limited to, equipment, containment materials, ground covers, scaffolding, and change and shower facilities. If adequate cleaning is not possible, the materials shall be treated as waste and tested and disposed of properly, at the contractor expense. 9.5 Reportable Releases: All reportable releases shall be reported to the appropriate authorities and the Owner. 9.5.1 CERCLA Release: The Contractor is advised that the discharge of one or more pounds of lead waste or dust into the atmosphere, water or soil within a 24 hour period is considered a reportable release in accordance with 40 CFR 300 and 40 CFR 302. 9.5.2 Other Releases: Any release that is in violation of any Federal, State, or local regulation that is to be reported, shall be so reported in accordance the proper regulation. Also, the Contractor shall notify immediately the Owner. 10.0 Contractor's Written Programs The contractor shall provide detailed written programs for each of the items below a minimtun of 30 days prior to beginning work. A detailed outline of all programs requiring a submittal will be submitted with bid. Only the successful bidder will be required to submit completed programs. All programs and outlines submitted shall be a minimum of four (4) copies. 10.1 Collection of Debris Plan: The contractor shall provide detailed written plan for the methods to be employed for the collection of debris. 10.2 Programs for the Protection of the Ambient air, soil, and water: The contractor shall submit the following testing and evaluation programs that will be used to confirm that the work does not violate Federal, State, and local reg«lations. Il 10.2.1 Ambient Air Quality: The contzactor shall submit a written program for air monitoring at the project site to confine that fugitive dust emissions do not exceed the specified criteria. 10.3 Worker Protection Program: The contractor shall submit a worker protection program in accordance with 29 CFR 1926.62 as required in paragraph 6.0, including the certified laboratories that will be used for the analysis. 10.4 Handling, Disposal, and Analysis of Debris: The contractor shall provide the following: 10.4.1 Sampling and Testing of Debris: Written procedures that will be followed for the sampling and testing of debris to determine if it is hazardous waste. Debris includes, but is not limited to paints, spent abrasives, stripper solutions. 10.4.2 Handling and Site Storage: A written plan that addresses the handling and site storage of lead-containing debris in accordance with the requirements of 40 CFR 262 and 40 CFR 265. The contractor shall confirm that an EPA identification number will be obtained, that proper manifesting of the waste will be addressed, and that all site storage limitations, including the time of storage, container requirements, contingency plan, and personnel training will be observed. 10.4.3 Transportation: Written confirmation that proper transportation of the debris will be accomplished in accordance with the requirements of 40 CFR 263, including the name of the licensed Transporters. 10.4.4 Disposal: Written confirmation that the debris will be treated and disposed of in accordance with the requirements of 40 CFR 2674 and 40 CFR 268. The program shall provide assurance that the debris is handled properly from cradle to grave, provide the name of the licensed disposal facility, and include a schedule for the submittal of the completed manifests to the owner. 10.5 Clearance Testing: The contractor shall provide written programs for the decontamination of reusable items prior to removal from the project site, or for the proper testing and disposal of the materials if decontamination is not possible or desirable. 10.6 Reportable releases. 10.6.1 CERCLA Release: The Contractor shall submit a plan for reportable release in accordance with 40 CFR 300 and 40 CFR 302. 10.7 Safety and Health Protection: The contractor shall submit a written program for safety and health protection plan based on the applicable requurements of 29 CFR 1926, 29 CFR 1910, OSHA, and NOSH lead in construction guidelines. This program shall include, at a minimiun: ~z a. Defined responsibilities for the person who shall document worker training in industrial hygiene and safety. b. Evidence that the program has been reviewed by an industrial hygiene and safety professional. c. Provisions of exposure monitoring d. Details of hazardous materials compliance plans, including provisions for: 1. Protective clothing 2. Housekeeping Activities 3. Hygiene 4. Medical Sluveillance 5. Training 6. Record Keeping 10.8 Worker and Environmental Protection: The contractor shall submit a written program for worker and environmental protection plan for hazardous materials. 1. Environmental protection plan. 2. Hazardous waste material's management and disposal plan. 10.9 Monitoring: The contractor shall submit a written procedure specifying monitoring criteria and a resltlting action plan for workers. 10.10 Decontamination: The contractor shall submit a written decontamination plan for workers and equipment. This plan shall include, at a minunum: a. Placement of protocol vestibules and equipment needed within the vestibule, such as vacuums, negative air, and showers. b. Hygiene facility that is necessary to decontaminate lead-exposed workers, egtupment and clothing. c. Establish an appropriate method of decontamination. d. Establish procedures to prevent contamination of clean areas. e. Establish emergency response procedures for accidents and/or spills. £ Establish methods to minimise direct worker contact with contaminants during removal of personal protective clothing and equipment. 13 Establish procedilres for disposing of contaminated clothing and related equipment that cannot be completely decontaminated. End of Section c:\jk\mydocuments\specifications\MN2194SupplConditions. doc 1 CONTRACT DOCITIVIENTS KLM Project MN 2194 INDEX Section ....................................................................................................................... page Index .......................................................................................................................... l 1.0 Form of Agreeinent ...........................................................................................2 2.0 Performance Bond ............................................................................................ 5 3.0 Labor and Material Payment Bond .....:.............................................................9 2 1.0 I+'ORM OI' AGREEMENT THIS AGREEMENT, made and signed this day of , 2005 by and between the City of Shorewood, Minnesota hereinafter called the Owner, and hereinafter called the "Contractor". THIS AGREEMENT WITNESSETH, that the Owner and the Contractor, for the consideration hereinafter stated, agreed as follows: ARTICLE L The Contractor hereby covenants and agrees to perform and execute all the provisions of the plans and specifications as prepared by KLM Engineering, Inc. , of Lake Ehno, Minnesota, and indicated below under ARTICLE 1V, as provided by the Qwner for Cleaning, Repairing and Painting 400,000-Gallon Elevated Water Tower and to do everything required by this Agreement and the Contract Documents. ARTICLE ll. The Contactor agrees that the work contemplated by KLM Project Number MN 2194 shall be started: PROPOSAL No. 1: Start on or before Septembea• 6, 2005 and be completed by October 25, 2005 (63 calendar days), otherwise the liquidated damages will be deducted as specified in the specifications. PROPOSAL No. 2: Start on or before , 2005 and be completed by , 2005 calendar days), otherwise the liquidated damages will be deducted as specified in the specifications. ARTICLE ID. The OWNER agrees to pay and the Contractor agrees to receive and accept payment in accordance with the priced bid for the unit or lump sum items set forth in the Proposal Form and specifications as prepared by the Engineer, and indicated below under Article 1V as approved by the Owner for conformed copy of the Proposal Farm hereto attached, which prices shall conform to those in the accepted Contractors proposal on file in the office of the City clerklAdministrator and the Engineer for the aggregate of which prices, based on the approximate schedule of quantities, is estimated to be $ Monthly and final payments shall be made as provided for in the Project Requirements Section of the Project Specifications. ARTICLE lV. The Contract Documents shall consist of the following component parts: 1. Notice of Hearing and Letting. 2. Instructions to Bidders. 3. Proposal. 4. Bid Bond. 5. General Conditions. 6. Supplemental Conditions. 7. Project Requirements. 8. Contract Documents. 9. Technical Specifications. 1.0. Performance and Payment Bonds. 11. This agreement. 12. Numbered addenda issued to the foregoing. This agreement, together with the Documents herein above mentioned, form the contract, and all Documents are as fully a part of the contract as if attached hereto or herein repeated. IN WITNESS W~IEREOF, the parties to this agreement have hereunto set then hands and seals as of the day and year first above written. Owner (SEAL} By Title By Title In Presence of: Attest: CERTIFICATE OF ACKNOWLEDGMENT State of Minnesota ) ) SS. County of ) On this day of , 2005, before me personally appeared to me personally known, being by me duly sworn, did say. that he is the Mayor of the City of Shorewood, that the seal affixed to the foregoing instrument is the seal of said City of Shorewood, Minnesota and that said instrument was executed on behalf of the City of Shorewood by authority of its City Council, and said Mayor acknowledged the instrument to be the free act and deed of said City of Shorewood, Minnesota. (Notary Seal) Contractor By Title By Title Notary Public 4 State of Minnesota County of On this _ acknowledged that (Notary Seal) State of Minnesota County of On this CERTIFICATE OF ACKNOWLEDGMENT (For use where Contractor is individual or partnership) SS. day of , 2005, before me personally appeared to me personally known to be the person described in and who executed the foregoing instrument and he executed the same as the free act and deed of the individual. Notary Public CERTIFICATE OF ACKNOWLEDGMENT (For use where Contractor is a corporation) SS. day of , 2005, before me personally appeared and to me personally known who, being by me duly sworn, each did say that they are respectively the and of ,that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was executed in behalf of the corporation by authority of its Board of Directors and said and acknowledged the instrument to be the free act and deed of the corporation. (Notary Seat} Notary Public 2.0 PIEI~'® 1~CE BOND KNOW ALL MEN BY THESE PRESENTS: that as Principal (hereinaftea• called Conhactor) and, as Surety (hereinafter called Surety) are held and firmly bound unto City of Shorewood, Minnesota as Owner (hereinafter called Owner) in the amount of Dollars ($ ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 2005, entered into a contract with the Owner for construction of Cleaning, Repairing end Painting 400,000-Gallon Elevated Water Tower in accordance with Plans and Specifications prepared by KLM ENGINEERING, Inc. which contract is by reference made a pact hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract in conformance with the Contract Documents, and all guaranty, indemnity and warranty obligations specified therein, and shall promptly and faithfully remedy any breach of its obligation under the Contract Documents discovered within the time limits set by statute for commencement of actions, and shall pay any damages for unexcused late completion, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration, changes or extension of tune made by the Owner. Whenever the Contractor shall be, and declared by the Owner to be in default under the Contractor, the Surety may promptly remedy the default, or shall promptly: (1) Complete the Contract in accordance with its terms and conditions, or if appropriate, (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon detei7nination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Surety, and make available as Work progresses (even though there sb.all be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion and other costs and damages for which the Surety may be liable hereunder, but not exceeding the amount set forth in the first paragraph hereof less the balance of the contract price. The term "Balance of the contract price", as used in this paragraph shall mean the total amount payable by the Owner to Contractor under the Contract and any amendments thereto, less the amount paid by the Owner to Contractor, of if appropriate, {3) Promptly pay such sums to the Owner as the Owner maybe entitled from the Contractor under the Cont1•act Documents, or for the breach thereof, but not exceeding the amount set forth in the first paragraph hereof. The Surety agrees to be bound by any award granted to the Owner against the Contractor in arbitration or judicial proceedings commenced pursuant to the Contract Documents. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the successors of the Owner. Signed and sealed this day of , 24x5• Witness Contractor Witness By Signature (Typed or Printed name of Signer) Title Notary Public By_ Signature (Typed or Printed name of Signer) Title (Notary Seal) {If the contractor is a parknership or joint venture, all partners or co-ventures must execute this Bond.) Witness Surety Address Phone No. By Signature {Typed or Painted Name of Signer) Title (Local Address & Telephone Number) (The attorney-in-fact shall attach hereto a copy of his power of attorney or other document which authorizes him to act on behalf of and to bind the surety.) CERTIFICATE OF ACKNOWLEDGMENT B~' PRINCIPAL (For use where Contractors is individual or partnership) State of Minnesota ) SS. County of ) On this day of , 2005, before me personally appeared to me known to be the person described in and who executed the foregoing bond, and acknowledged that he executed the same as the free act and deed of the individual. Notary Public (Notary Seal) CERTIFICATE OF ACKNOWLEDGMENT (For use where Contractor is a corporation) State of Minnesota ) SS. County of ) On this day of , 2005, before me personally appeared and , to me personally known who, being by me duly sworn, did say that they are respectively the and , of that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was executed in behalf of the corporation by authority of its Board of Directors, and said and acknowledged the instrument to be the free act and deed of said corporation. Notary Public (Notary Seal) Full Name of Surety Company Home Office Address Full Name of Surety Co. Name of Local Agency Address of Local Agency If this bond is executed outside of the State of Minnesota, it must be countersigned on the Performance Bond by a Minnesota resident agent of the Surety Company. Name of Agent Affixing Countersignature Address MEMORANDUM: Affix here Power of Attorney and Acknowledgment of Corpoxate Surety. 9 3e0 LABOR ANl) TERTAL PA~'IVl[EI~1T B()i~il) KNOW ALL MEN BY THESE PRESENTS: that as Principal, (hereinafter called Contractor} and, as Surety (hereinafter called Surety) are held and fumly bound unto City of Shorewood, Minnesota as Owner (hereinafter called Owner) for the use and benefit of claimants as here-in-below defined, in the amount of Dollars ($ ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors acid assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated , 2005 Entered into a contract with Owner for construction of Cleaning, Repairing and Painting 400,000- Gallon Elevated Water Tower in accordance with Drawings and Specifications prepared by KLM ENGINEERING, Inc. which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly make payment to all claimants as hereinafter defined, for alI labor and material used or reasonably required for use in the performance of the Contract and shall keep the Project free and clear of all liens as provided in the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. Claimant is defined as one permitted by applicable law to file a Public Contractor's Band claim far labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include without limitation that part of water, gas, power, light, heat, oil, gasoline, telephone service, rental of equipment, insurance premiums, taxes, and any items for which a claim or lien maybe filed against the Owner under the applicable law. 2. The above named Contractor and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. IQ ~. No suit or action shall be coaxaanenced hereundea• by any claunant: (a) Unless claimant shall have filed a public contractor bond claim in the form and within the time provided under applicable law, or (b) After expiration of time for enforcement of a public Conh•actors bond claim by legal action. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. 5. The Contractor and Surety shall keep the Project free and clear of liens and shall promptly remove any and all liens filed against the Project by claimants. 6. The Owner's right of action on this bond, ar for the breach thereof, shall not be limited by the conditions set forth in paragraphs 1 through 3 above. Witness Witness Contractor By Signature Title (Typed or Printed name of Signer) Notary Public By Signature Title (Typed or Printed name of Signer) (If the contractor is a partnership or joint venture, all partners or co-ventures must execute this Bond.} (Notary Seal) lI (lf the contractor is a partnership or joint venture, all partners or co-ventures must execute this Bond.) Witness Title Surety Adch•ess Phone No. By Signature (Typed or Printed Name of Signer) {Local Address & Telephone Number) (The attorney-in-fact shall attach hereto a copy of his power of attorney or other document which authorizes him to act on behalf of and to bind the surety.) 12 CERTIFICATE OF ACKNOWLEDGMENT BA' PRINCIPAL (For use where Contractor is individual or partnership} State of Minnesota } SS. County of ) On this day of , 2005, before me personally appeared to me known to be the person described in and who executed the foregoing bond, and acknowledged that he_ executed the same as the free act and deed of the individual. Notary Public (Notary Seal) CERTIFICATE OF ACKNOWLEDGMENT (For use where Contractor is a corporation) State of Minnesota ) )SS. County of ) On this day of , 2005, before me personally appeared and , to me personally known who, being by me duly sworn, did say that they are respectively the and , of that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was executed in behalf of the corporarion by authority of its Board of Directors, and said and acknowledged the instrument to be the free act and deed of said corporation. Notary Public (Notary Seal) Full Name of Surety Company Home Office Address Full Name of Surety Co. Name of Local Agency Address of Local Agency If this band is executed outside of the State of Minnesota, it must be countersigned on the Performance Bond by a Minnesota resident agent of the Surety Company. Name of Agent Affixing Countersignature Address MEMORANDUM: Affix here Power of Attorney and Acknowledgment of Corporate Surety. c:\jk\mydocuments\specifications\NII~2194Contract. doc ~1 ,9~ ~~ 1 ~'. ~~ U ~. ' m~ s. PN lS~ P~$ / 1 ! ~ / i S89°10'06"W 411.68 Rcs~ 9~y2 ~ ~ / i 3 2251 63.46 ~ / ~ ' i / (~`y~ ` 1 ° \ / <~ w / o M 1~ by"' R~~~O ~ 2 ~" 'o / / ~. 5 m N / SE WATER TOWER e, es\ ~T\ °~o \'o ~`s O~ ~~ ~ ~~~ 00 ;~ 200 \ R=360 tc=«,,.- 111~~ ~~=19° ~=25°35'44„ 0 9y~ c 6p 40 40 PN W<e~J ~E t,~ Feet ~ 95 190 380 (V V N V Z _ N _ ~ N Attachment #2