Jan 20, 2015 - Watertown, SD
Transcription
Jan 20, 2015 - Watertown, SD
PROPOSED AGENDA CITY COUNCIL ADJOURNED MEETING CITY HALL 23 SECOND STREET NORTHEAST WATERTOWN, SOUTH DAKOTA Tuesday, January 20, 2015 Call to Order Pledge of Allegiance Roll Call 1. 6:30 PM Approval of consent agenda a. Approval of the minutes of the Council meeting held on January 5, 2015 Supporting Documentation b. Authorization for Mayor to sign annual maintenance agreement with Grabar Voice & Data for the NICE NPX Recorder in the amount of $2,590 budgeted in the E-911 Fund Supporting Documentation c. Authorization for Mayor to sign annual Household Hazardous Waste agreement with Veolia for the 2015 event scheduled for April 25, 2015 Supporting Documentation d. Authorization for Mayor to sign annual maintenance agreement with Motorola Solutions for the radio consoles in the amount of $15,051.36 budgeted in the E-911 Fund Supporting Documentation 2. Approval of agenda 3. Ordinance No. 15-02 amending Section 2.0102 regulating the permitted locations of alcoholic beverage establishments within and for the City of Watertown Supporting Documentation a. Second reading b. Council action 4. First reading of Ordinance No. 15-03 amending Section 11.0410 regulating prohibited wastes at the Watertown Regional Landfill Supporting Documentation 5. Rate Schedule amendment for users of the Landfill, Refuse, Compost and Recycling System (Resolution No. 15-04) Supporting Documentation 6. Authorization for Mayor to sign Township agreements to provide fire protection services with Elmira, Kranzburg Village, Rauville, Richland, Pelican, Kranzburg, Sheridan, Lake and Kampeska Townships Supporting Documents 7. Authorization for Mayor to sign an agreement for engineering services with HR Green, Inc for the Wastewater Ultraviolet Disinfection Improvement Project in the amount of $41,000 Supporting Documentation 8. Authorization for Mayor to sign an agreement for engineering services with Houston Engineering, Inc. for the Landfill Cell #6 Design and Site Stormwater Analysis Project in the amount of $14,600 Supporting Documentation 9. Authorization for Mayor to sign a State Water Plan Application for Kittelson Addition Sanitary Sewer Extension Supporting Documentation 10. Authorization for Mayor to sign the agreement with First District for GIS Planning and Zoning Service for 2015 ($20,070) Supporting Documentation 11. Authorization for Mayor to sign the agreement with First District for the GIS website for 2015 ($4,500) Supporting Documents th 12. Authorization for the Mayor to sign the following documents for the 19 Street Reconstruction Project a. Urban Surface Transportation Program Funding Agreement b. Right-of-Way Certificate Supporting Documentation c. Utilities Certificate d. Bid Letting Authorization Supporting Documentation Supporting Documentation Supporting Documentation 13. Authorization for Mayor to sign the agreement for engineering services with Aason Engineering for the Sanitary Sewer Extension Project Supporting Documentation Back To Top 14. Consideration of Amendment No. 1 to the engineering services agreement with AECOM for the Wastewater Facility ArcFlash Study and SCADA Upgrades Project in the amount of $8,325.14 Supporting Documentation 15. Consideration of Amendment No. 1 to the engineering services agreement with Houston Engineering Inc. for the Landfill Scale Project in the amount of $26,730 Supporting Documentation 16. Consideration of Amendment No. 1 to the engineering services agreement with HDR for the Supporting Documentation Wastewater Alkalinity Feed Addition project in the amount of $48,248 17. Consideration of Change Order No. 1 (Final) to the contract with K-Scale, LLC for the Landfill Weigh Supporting Documentation Scale Replacement project decreasing the contract amount $1,000.10 18. Consideration of bids for the Golf Course golf carts Supporting Documentation 19. Authorization to advertise for bids for Airport hangars 20. Authorization to advertise for bids for the following projects: a. Sidewalk Accessibility Improvements b. Uptown Alley Reconstruction (MidwayAlley) c. Sanitary Sewer Rehabilitation Project d. Summerwood Concrete Street Improvement Project e. Manhole Rehabilitation Project f. Miscellaneous Drainage Improvement Project 21. Old Business a. Consideration of borrow agreement for Willow Creek Development b. Other Old Business 22. New Business 23. Liaison member reports 24. Executive Session pursuant to SDCL 1-25-2 25. Consideration of termination of existing Residential Recycling Agreement with Dependable Sanitation and entering into a new agreement with Dependable Sanitation for Residential Recycling Services 26. Motion to adjourn Rochelle M. Ebbers, CPA Finance Officer The City of Watertown, South Dakota does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in employment or the provision of services. ADA Compliance: The City of Watertown fully subscribes to the provisions of the Americans with Disabilities Act. If you desire to attend this public meeting and are in need of special accommodations, please notify the City Finance Office 24 hours prior to the meeting so that appropriate auxiliary aids and services are available. Back To Top Item #1a- January 5, 2015 City Council Meeting Minutes OFFICIAL PROCEEDINGS CITY COUNCIL, CITY OF WATERTOWN, SOUTH DAKOTA January 5, 2015 nd The City Council met in regular session at 6:30 PM in the Council Chambers, City Hall, 23 2 Street NE. Mayor Steve Thorson presiding. Present upon roll call: Aldermen Meisenheimer, Danforth, Roby, Rieffenberger, Buhler, Tupper, Wilkins, Albertsen and Alderwoman Mantey. Absent was Alderman Solum. Motion by Buhler, seconded by Roby, to approve the following items on the consent agenda: minutes of the Council Meeting held on December 15, 2014; write-off of ambulance uncollectible accounts in the amount of $8,816.02; approval of business license application for K&L Mechanical as a Gasfitting contractor ($250), Tim Kaaz as a Gas Fitter ($50) and approval of bills and payroll and authorization to pay. Motion carried. BILLS: 4-H LEADERS A & B BUSINESS SOLUTIONS, A-OX WELDING CO, INC. A1 CLEANING AND RESTORATIO AASON ENGINEERING, INC. ACTIVE HEATING, INC. ADAM BLOOM ADVANCE AUTO PARTS AECOM TECHNICAL SERVICES, ALLEGIANT EMERGENCY SERVIC ALTERATIONS BY CARLA AMAZON.COM AMERICAN ENGINEERING TESTI ANDOR INC. ANGELA CZECH ANNE RYLANCE AP AUTO PROS, INC. ARAMARK UNIFORM SERVICES, ARBOR DAY FOUNDATION ASSOCIATED SUPPLY COMPANY ASSOCIATION OF ZOOS AND AQ AT&T MOBILITY BAKER & TAYLOR BATES CONSTRUCTION COMPANY BATTERIES UNLIMITED, INC. BECKER ARENA PRODUCTS BECKY REEVES BECKY SPROUSE BERN'S BLADING BOARD OF OPERATOR CERTIFIC BORNS GROUP BOUND TREE MEDICAL LLC BOW WOW PET WASTE PRODUCTS BRIAN WILSON BRIAN'S GLASS INC. BROOKINGS REGISTER BULLET SPORTSWEAR AND GRAP BUREAU OF ADMINISTRATION CARQUEST AUTO PARTS CARTNEY BEARING CORPORATIO CASHWAY LUMBER INC. CENTER POINT LARGE PRINT CENTURY BUSINESS PRODUCTS CENTURYLINK CENTURYLINK CENTURYLINK CENTURYLINK CENTURYLINK CHAD FOUST CHAD RAML TRUCKING CHEMCO, INC. CHRIS PREMUS CIRLCE SIGNIA CK TRUCK & TRAILER REPAIRS CLAREY'S SAFETY EQUIPMENT SERVICE SUPPLIES SUPPLIES SERVICE CONSTR SERVICE TRAVEL PARTS EQUIP SUPPLIES SERVICE SUPPLIES SUPPLIES SERVICE REIMB REIMB SERVICE SERVICE DUES SUPPLIES DUES SERVICE SUPPLIES CONSTR SUPPLIES SUPPLIES REIMB TRAVEL SERVICE DUES SUPPLIES SUPPLIES SUPPLIES REIMB SERVICE SUBSCR SUPPLIES SERVICE PARTS SUPPLIES SUPPLIES SUPPLIES SUPPLIES SERVICE SERVICE SERVICE SERVICE SERVICE GOTV SERVUCE SUPPLIES TRAVEL SUPPLIES SERVICE SUPPLIES 27.00 34.33 146.32 1,500.00 2,140.00 466.24 401.40 19.99 2,575.83 1,988.91 28.00 472.16 1,362.20 4,255.85 90.00 181.53 687.98 185.88 15.00 562.89 370.00 232.74 2,639.33 1,000.00 28.00 616.70 77.67 129.06 920.00 102.00 1,290.00 1,572.91 44.00 25.00 220.00 174.90 351.00 157.96 335.33 93.86 297.27 139.57 242.27 1,721.77 189.55 149.58 97.14 1,383.06 720.00 948.00 115.42 270.02 52.50 1,833.24 111.86 MAC'S INC. MACKSTEEL WAREHOUSE INC. MAHOWALD'S HARDWARE & RENT MANUFACTURER'S NEWS MARK & PATTI STROHFUS MARK WILSON MARK'S AUTO MATHESON TRI-GAS, INC. MEMPHIS NET & TWINE CO, IN MENARD'S MICHAEL MACK MICRO MARKETING ASSOCIATE MIDCONTINENT COMMUNICATIO MIDCONTINENT INSTRUMENTS & MIDLAND CONTRACTING, INC. MIDWEST AG SUPPLY, L.L.C. MIDWEST BUSINESS CONDOS LL MIDWEST LABORATORIES INC. MIDWEST MEDICAL SERVICES MIDWEST TAPE MILBANK COMMUNICATIONS, IN MILLER ELECTRIC, INC. MILLS & MILLER, INC. MINNESOTA KNIFE MITY-LITE, INC. MOVIE LICENSING USA MUNICIPAL UTILITIES MUTH ELECTRIC, INC. NARTEC, INC NATIONAL FIRE SAFETY COUNC NEAL GUNDERSON NEIL FROST NEVE'S UNIFORMS & EQUIPMEN NEXTRAQ INC. NORTH CENTRAL LABORATORIES OFFICE PEEPS, INC. OFFICEMAX CONTRACT INC. OVERDRIVE, INC. OVERHEAD DOOR CO INC. PAUL HERTING PEARSON GOLF MANAGEMENT,LL PENTAIR AQUATIC ECO-SYSTEM PEPSI PHYSIO-CONTROL CORPORATION POLICE PETTY CASH FUND POWER PLAN OIB PRAIRIE LAKES HEALTHCARE PRAIRIE LAKES HEALTHCARE PRINS, JORDON PRINT EM NOW PRIORITY DISPATCH CORPORAT PRO LINE, INC. PRO-TEC ROOFING, INC. PRODUCTIVITY PLUS ACCOUNT QUALITY BOOKS, INC. PARTS SUPPLIES SUPPLIES SUPPLIES SERVICE REIMB PARTS SUPPLIES SUPPLIES PARTS TRAVEL SUPPLIES SERVICE PARTS CONSTR SUPPLIES CONSTR SUPPLIES SUPPLIES SUPPLIES EQUIP SERVICE SUPPLIES SUPPLIES EQUIP SERVICE SERVICE SERVICE SUPPLIES DUES REIMB REIMB SUPPLIES SERVICE SUPPLIES SUPPLIES SUPPLIES SERVICE SERVICE REIMB REIMB SUPPLIES SERVICE PARTS CASH PARTS SUPPLIES SERVICE SUPPLIES SUPPLIES SERVICE PARTS CONSTR EQUIP BOOKS 1,380.63 590.60 150.67 91.45 300.00 86.50 560.00 281.68 1,416.00 9,871.35 40.00 131.98 1,291.65 622.51 2,244.00 1,286.41 20,492.67 619.00 80.00 561.87 528.58 1,054.43 1,594.45 476.25 3,771.73 531.00 129,887.42 66.27 106.35 182.00 225.50 86.50 31.90 3,859.80 515.87 4,162.03 365.40 374.36 496.13 19.92 7,029.82 286.97 1,075.74 1,092.74 89.14 1,681.72 195.72 328.00 380.00 730.30 234.00 230.97 12,867.24 77,007.68 68.66 Back To Top CLARK DREW CONSTRUCTION, I CLUBHOUSE HOTEL & SUITES COCA COLA BOTTLING COMPANY CODINGTON CLARK ELECTRIC C CODINGTON CO REGISTER OF D CODINGTON CO TREASURER CONNECTING POINT, INC. COTEAU SHOPPER COUNTY FAIR FOODS CRAIG KRUSE CREATIVE REWARDS & SPECIAL CRESENT ELECTRIC SUPPLY, C CRESTLINE PROMOTIONAL PROD CUES CULLIGAN DACOTAH PAPER COMPANY DAGWOOD'S SUBS DAHLE TIRE COMPANY DAKOTA GUTTER AND GARAGE D DAKOTA OIL DAKOTA RIGGERS, INC. DAKOTA SUPPLY GROUP DATA TRUCK, LLC DEMCO, INC. DETCO INDUSTRIES DEUTSCH CHIROPRACTIC DIAMOND VOGEL PAINT CENTER DIANE'S ENGRAVING & SIGNS DOUG KRANZ DOUG'S AUTO REPAIR EACHEN INC. ELECTRIC MOTORS & MOORE IN ELLIOTT EQUIPMENT CO. ENGELSTAD ELECTRIC ESE IND. INC. ESTELLINE AMBULANCE FARNAM'S GENUINE PARTS FARONICS TECHNOLOGIES USA FASTENAL COMPANY FIRE SAFETY USA FIRST BANKCARD FIRST CHOICE SEWER & SEPTI FISHER SCIENTIFIC FLOORS & MORE FOREST EXCAVATING FREMONT INDUSTRIES, INC. G & K SERVICES, INC. GALE GALL'S INC. GARDNER DENVER NASH LLC GCR TIRES & SERVICE GFOA GLACIAL LAKES HUMANE SOCIE GLASS PRODUCTS INC. GODFATHERS PIZZA GRAINGER GRANT WRITING USA GRAY CONSTRUCTION GRUBCO INC. H & H INDUSTRIES, INC. HACH COMPANY HANNA INSTRUMENTS USA HAWKINS INC. HDR ENGINEERING INC. HEARTLAND AG-BUSINESS GRO HIGHWAY 20 SERVICE INC. HILLYARD / SIOUX FALLS HOLIDAY INN EXPRESS HOLLEY GRAPHICS INC. HOMETOWN BUILIDING CENTER, HUMAN SERVICE AGENCY HURKES IMPLEMENT CO., INC. HY VEE FOOD STORE IRON RANGE SMOKEHOUSE BBQ ITC CONSTR TRAVEL SERVICE SERVICE SERVICE FEES SERVICE ADV SUPPLIES REIMB SUPPLIES SUPPLIES SUPPLIES EQUIP SERVICE SUPPLIES FOOD SERVICE SERVICE SUPPLIES SUPPLIES SUPPLIES SERVICE SUPPLIES SUPPLIES SERVICE SUPPLIES SERVICE TRAVEL SERVICE SERVICE SERVICE PARTS SERVICE SERVICE REIMB PARTS SUPPLIES SUPPLIES PARTS SUPPLIES SERVICE SUPPLIES SUPPLIES CONSTR SUPPLIES SERVICE SUPPLIES SUPPLIES PARTS SERVICE DUES SUBSIDY SERVICE FOOD SUPPLIES SERVICE CONSTR SUPPLIES SUPPLIES SUPPLIES PARTS SUPPLIES CONSTR SUPPLIES PARTS SUPPLIES TRAVEL SUPPLIES SUPPLIES SERVICE PARTS SUPPLIES FOOD SERVICE 63,414.00 111.00 353.00 657.89 422.00 10.00 3,887.82 50.00 408.98 595.00 237.50 724.70 290.91 98,400.00 217.25 423.00 139.44 590.00 120.00 1,362.60 215.00 207.22 390.00 144.95 19.82 4,400.00 126.04 6.50 353.92 552.70 5,356.02 169.00 961.19 2,478.00 167.00 460.80 994.03 216.00 214.46 1,170.00 2,368.56 75.00 62.25 195.00 33,394.50 1,748.40 72.21 456.64 165.95 398.90 1,240.16 425.00 5,127.68 6,754.64 124.24 380.68 455.00 92,784.00 44.95 616.22 1,578.39 334.28 5,674.22 1,504.57 70.00 117.95 1,724.55 102.00 1,271.65 46.59 200.00 1,040.62 1,145.80 66.55 387.83 RC COMMUNICATIONS INC RC SERVICES RECORDED BOOKS, LLC REDLINGER BROS INC. RELIABANK RELIABLE PROTEIN PRODUCTS RHINO SERVICES LLC RICHARD MAAG RIEKES EQUIPMENT COMPANY, RIVARD'S TURF & FORAGE ROADSIDE AUTO CRUSHING, IN ROBERT JUTTING ROBERT RUE ROGER FOOTE ROLYAN BUOYS RON'S SAW SHOP ROSENBAUER SOUTH DAKOTA, L ROY'S SPORT SHOP INC. RUNNINGS FARM AND FLEET RYAN BEAUCHAMP S.E.Y., LLC SALVATION ARMY SANFORD USD MEDICAL CENTER SANFORD WATERTOWN OCCUPATI SANITATION PRODUCTS INC. SARAH CARON SCHUNEMAN EQUIPMENT CO. SCOTT ENGINEERING SD DEPT OF ENVIRONMENT & N SD DEPT OF ENVIRONMENT AND SD DEPT OF REVENUE SD MUNICIPAL LEAGUE SD PUBLIC ASSURANCE ALLIAN SD SOC OF PROFESSIONAL LA SDN COMMUNICATIONS SEARS COMMERCIAL ONE ACCOU SEARS WELDING & FABRICATIO SERVICE PLUS INC. SERVICE SIGNS INC. SERVICEMASTER OF WATERTOWN SEW CONVENIENT SHARP AUTOMOTIVE, INC SHEEHAN CYCLE INC. SHEEHAN MACK SALES AND EQU SHIRTS IN THE WORKS INC SHOPKO STORES OPERATING CO SHORT ELLIOTT HENDRICKSON, SIOUX COUNCIL, BSA SIOUX RURAL WATER SYSTEM SIOUX VALLEY COOP SOUTH DAKOTA FIRE CHIEFS A SPEE-DEE DELIVERY SERVICE STAN HOUSTON EQUIPMENT INC STANDARD PRINTING STAR LAUNDRY & CLEANERS, I STAR TRIBUNE STATE BAR OF SD STEIN'S INC. STERICYCLE SPECIALTY WASTE STEVE'S WORLD INC. STIMSON AUTO & SNOW REMOVA STURDEVANT'S AUTO PARTS IN TELEDYNE ISCO, INC. TERRY KAAZ TESSIERS, INC. TESTAMERICA LABORATIES, IN TEWS INC. TIM TOOMEY TODD ARCHITECTS TODD SYHRE TRACTOR SUPPLY CO. TRAF-O-TERIA SYSTEM TRAFFIC CONTROL CORPORATIO TRANSSUPPLY TRANSUNION RISK AND ALTERN SERVICE SERVICE SERVICE SERVICE FEES PARTS SERVICE TRAVEL EQUIP SUPPLIES REIMB REIMB TRAVEL TRAVEL SUPPLIES EQUIP PARTS SUPPLIES SUPPLIES TRAVEL SERVICE DUES SERVICE SUPPLIES PARTS REIMB PARTS CONSTR FEES FEES SUPPLIES DUES SERVICE DUES SERVICE SUPPLIES SERVICE SERVICE SERVICE SERVICE SERVICE PARTS EQUIP EQUIP SUPPLIES SUPPLIES CONSTR DUES SERVICE SUPPLIES DUES SERVICE SERVICE SUPPLIES SERVICE SUBSCR DUES SUPPLIES SUPPLIES SERVICE SERVICE SUPPLIES SUPPLIES REIMB SERVICE SERVICE SERVICE REIMB CONSTR TRAVEL SUPPLIES SUPPLIES PARTS SUPPLIES SERVICE 50.00 84.90 5,870.02 1,438.46 20.00 695.40 810.00 861.32 419.53 1,702.33 2,459.40 49.21 40.00 140.60 300.00 789.93 34.13 1,719.98 532.71 40.00 3,681.25 3,000.00 900.00 601.00 369.32 80.00 2,270.43 1,250.00 3,350.57 17,500.00 481.00 80.00 676.00 460.00 1,224.00 166.48 255.00 3,473.01 1,517.00 1,690.00 5.00 122.31 2,701.58 17,855.86 1,313.70 716.22 14,090.71 280.00 76.60 56,820.20 200.00 85.51 836.00 63.00 341.43 117.65 415.00 19.86 532.91 335.20 985.50 1,131.84 1,187.63 1,320.00 5,287.04 773.64 3,364.00 1,014.00 1,500.00 233.00 55.10 243.70 2,665.00 167.75 9.00 Back To Top J & B SCREENPRINTING INC. J H LARSON ELECTRICAL CO. JAIME STRICKER JASON RAML TRUCKING JEFF'S VACUUM CENTER JEFFERSON LINES JESSE HAUCK JIM'S EXCAVATING JLG ARCHITECTS JOHN SMALL JURGENS PRINTING INC. K SCALE KINGS CAGES KIXX KPHR KWAT KXLG L MARQUARDT ELECTRIC INC. LAFRAMBOISE CONSTRUCTION LAKE AREA DOOR, INC. LAKE AREA TECH FOUNDATION LAKE AREA ZOOLOGICAL SOCIE LAKE CITY FIRE EQUIPMENT, LARRY'S LUMBER, INC. LATI-BTT LEGGETTE BRASHEARS & GRAHA LES MILLS LIGHTHOUSE UNIFORM LOCATORS & SUPPLIES, INC. LOWE'S BACKHOE & GRAVEL LYLE SIGNS, INC. LYNN PEAVY CO. M & T FIRE AND SAFETY SUPPLIES EQUIP REIMB SERVICE PARTS SERVICE REIMB SERVICE CONSTR TRAVEL SUPPLIES CONSTR SUPPLIES ADV ADV ADV ADV SERVICE CONSTR SERVICE DUES REIMB SERVICE SUPPLIES SERVICE SERVICE FEES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES 1,050.00 686.40 135.84 948.75 7.00 188.40 42.00 958.13 34,344.01 184.96 325.00 7,364.51 289.00 225.00 150.00 225.00 400.00 3,265.30 10,258.99 158.16 100.00 685.69 872.66 184.71 265.55 1,726.15 375.00 2,800.00 210.66 11,530.42 170.79 237.00 397.50 TRAV'S OUTFITTER, INC. TRUGREEN TYLER MCELHANY ULINE UPBEAT, INC. UPS STORE USA BLUE BOOK UTNE CONSTRUCTION VANCO SERVICES,LLC VERIZON WIRELESS WAL-MART COMMUNITY BRC WARNE PLUMBING & HEATING WATERTOWN AREA HOME BUILDE WATERTOWN BOYS AND GIRLS O WATERTOWN BUSINESS DISTRIC WATERTOWN CONVENTION & VIS WATERTOWN COOP ELEVATOR AS WATERTOWN FAMILY PANCAKES/ WATERTOWN FLOWERS, INC. WATERTOWN FORD WATERTOWN HOCKEY ASSOCIATI WATERTOWN LAWN & GARDEN WATERTOWN PUBLIC OPINION WATERTOWN WHOLESALE WATERTOWN'S FIRST CHOICE T WELLMARK BCBS WEST SIOUX CERAMICS & DAKO WESTMAN FREIGHTLINER WHEELCO TRUCK & TRAILER PA WIMACTEL, INC. WOW! WW TIRE SERVICE INC. SUPPLIES SUPPLIES REIMB PARTS SUPPLIES SERVICE SUPPLIES SERVICE FEES SERVICE SUPPLIES SERVICE DUES SUBSIDY SUBSIDY SUBSIDY SUPPLIES FOOD SERVICE PARTS ADV SERVICE SUBSCR SUPPLIES TRAVEL REIMB SUPPLIES PARTS PARTS SERVICE SERVICE SERVICE 1,647.54 24.00 361.50 837.80 1,476.62 49.08 178.89 895.00 15.75 461.05 1,164.69 675.41 260.00 16,554.16 22,817.12 19,541.66 512.66 15.96 107.00 102.35 50.00 118.00 4,566.80 349.38 336.70 89.80 230.20 538.54 199.70 60.00 114.60 939.76 PAYROLL: Sal SS Pen 446.92 Sal 15,633.98 Attorney 10,303.33 764.93 618.19 779.64 Finance 30,428.13 2,131.25 1,822.70 4,958.32 75.00 5.73 0.00 0.00 Civil Serv 1,080.12 Ins Mayor/CC 1,108.34 SS Pen Ins Forestry 9,134.15 623.04 543.49 1,959.40 Library 38,674.19 2,733.70 2,168.22 6,846.30 Building Serv. 15,902.79 1,097.94 911.81 2,739.04 113,656.75 8,241.13 5,916.43 17,590.80 WRC 37,976.39 2,802.36 1,556.56 3,778.56 E-911 47,599.84 3,420.09 2,854.79 8,755.39 35.06 2.68 0.00 0.00 6,525.03 461.92 391.50 849.76 Park & Rec. Info Tech 4,145.07 317.09 247.50 519.76 Engineer 24,594.28 1,829.09 1,469.66 3,448.56 Police 183,898.65 13,224.46 14,221.35 30,096.65 Urban Ren. Fire 176,328.85 2,760.75 13,878.96 25,736.50 Upper Big Sioux Street 46,828.95 4,216.20 3,409.62 9,912.33 Snow Rem 13,057.58 96.95 31.19 0.00 Cemetery 8,078.92 564.69 473.96 1,369.52 Mosq. Control Add'l 5.25 long New Hires P & R Sal Inc P&R Sewer 64,832.32 4,706.67 3,886.64 9,681.53 Sanitation 84,258.28 4,958.89 4,094.08 9,541.27 Airport 16,391.36 1,204.56 948.20 1,889.28 0.00 0.00 0.00 0.00 J. Jorgenson & M. Schell (Fire,), D. Dahl (Street), C. Kockx & A. Schaefer (E-911), A. Johnson (Sewer), T. Bush (Landfill) K. Lindner 9.00/h, C. McClemans 8.50/h A. Iverson 8.00/h, E. Horning 8.00/h, Sal Inc WCRC M. Kludt 8.75/h Mayor Thorson added the request for sewer credit from James F. Hardee to the council agenda. Motion by Meisenheimer, seconded by Buhler, to approve the agenda as amended. Motion carried. This being the time scheduled for the public hearing on the renewal of a retail (on-sale) Liquor License renewal for nd Zues, Inc., d/b/a Second Street Station, 15 2 St. SW, Lots 1-2 less N97’ & Lot 3 less N91’ & all of Lot 14, Blk 34, Second Railway Addn., for the period of January 1, 2015 to December 31, 2015, the Mayor called for public comment. Hearing no comment from the public, motion by Albertsen, seconded by Tupper, to approve the renewal as presented. Motion carried. Ordinance No. 15-01 amending Title 8 regarding the powers and duties of the Civil Service Board within and for the City of Watertown was placed on its second reading and the title was read. Motion by Danforth, seconded by Rieffenberger, to approve Ordinance No. 15-01 as presented. Motion carried. Back To Top This being the time scheduled for a public hearing on Resolution No. 15-01 for the vacation of an alley in Block 9 of Kemps Addition, the Mayor called for public comment. Mike Davis spoke against the vacation of alleys. Hearing no further comment from the public, motion by Tupper, seconded by Rieffenberger to approve Resolution No. 15-01 as presented. Motion carried. Motion by Mantey, seconded by Rieffenberger, to approve Resolution Nos. 15-02 and 15-03 for the 2015 Salary resolutions. Motion carried. Ordinance No. 15-02 amending Section 2.0102 regulating the permitted locations of alcoholic beverage establishments within and for the City of Watertown was placed on its first reading and the title was read. No action was taken. Motion by Mantey, seconded by Roby, to approve the updated Personnel Policy Manual as presented. Motion carried. Motion by Rieffenberger, seconded by Danforth, authorizing the Mayor to sign a contract with Puetz Construction for Construction Manager at Risk services for the Multipurpose Facility. Motion carried. Watertown Fire Chief Doug Kranz presented the tabulation of bids received for a 2015 Ambulance. Bids were opened at 10:00 AM on December 22, 2014 and are as follows: Premier Specialty Vehicle, Inc., $195,623.00 base bid, $15,750.00 trade in allowance, $179,873.00 total bid and North Central Ambulance $216,129.00 base bid, $7,000.00 trade in allowance, $209,129.00 total bid. Motion by Tupper, seconded by Wilkins, to approve the bid of Premier Specialty Services, Inc. in the amount of $179,873.00. Motion carried. Motion by Buhler, seconded by Roby, authorizing the Engineering Department to advertise for bids for the 2015 Alley Assessment and Cemetery Paving Projects. Motion carried. Motion by Albertsen, seconded by Mantey, authorizing the Engineering Department to advertise for bids for the th 26 Street Improvement Project. Motion carried. Motion by Danforth, seconded by Buhler, approving the amendment to the agreement for road maintenance and construction in the Manchon Addition. The original recorded agreement had the private road accessing the property on the south side of the property. During construction, it was determined the road and utilities would be better served on the north side of the property. The amendment will reflect the correct placement of the road on the property. Motion carried. TH Motion by Danforth, seconded by Buhler, approving the sewer credit request for 1316 13 Ave. SE from James F. Hardee. All opposed, motion failed. Motion by Buhler, seconded by Tupper, to convene in executive session for the purpose of discussing contract negotiations. Motion carried. Motion by Tupper, seconded by Rieffenberger, to reconvene in open session. Motion carried Motion by Rieffenberger, seconded by Tupper, to adjourn until 6:30 PM on Tuesday, January 20, 2015. Motion carried. The City of Watertown, South Dakota does not discriminate on the basis of race, color, national origin, sex, religion, age, or disability in employment or the provision of service. th Dated at Watertown, South Dakota, the 5 day of January, 2015. Back To Top ATTEST: __________________________ Rochelle Ebbers, CPA Finance Officer __________________________ Steve Thorson Mayor Back To Top Item #1b- Grabar Agreement Guaranteed Maintenance Agreement Provided by: Grabar Voice & Data, Inc. 921 S 9th St Suite 108 Bismarck, ND 58501 For: Watertown Police Department 128 N Maple Street Watertown, SD 57201-3653 Primary Contact: Scott McMahon – Captain of Support Services Product Description: NICE NPX Recorder Annual Rate: $2,590.00 *Annual Rate does not include applicable sales tax* GMA Dates: February 1, 2015 – February 1, 2016 Customized Contract Options: Bronze 1|Page Back To Top Bronze Priority Definition Phone Availability 8 - 5*5 8 - 5*5 8 - 5*5 8 - 5*5 60 minutes 120 minutes 24 hours 24 hours 24*7 24*7 24*7 24*7 60 minutes 120 minutes 24 hours 24 hours Phone Availability 24*7 24*7 24*7 24*7 Support Coverage 8 - 5*5 8 - 5*5 8 - 5*5 8 - 5*5 Call Back Response Time 60 minutes 120 minutes 24 hours 24 hours On Site Response Times 6 hours 24 hours 48 hours 48 hours Call Back Response Time Call Back Response Time Gold Silver Phone Availability *On Site Response Times are in effect following the determination that on site support is required. Repair parts are shipped overnight, unless otherwise pre-arranged. The arrival of the technician and the shipped parts will be coordinated to coincide Priority 1 - Critical Failure: In a 100% recording environment, any failure of equipment, NICE software or communications to the NICE products which results in loss of recording channels or data, or if allowed to persist will result in such recording loss. Priority 2 – Major Problem: Any problem resulting in loss of ability to retrieve calls or loss of replay functionality for two or more workstations. Priority 3 – Product Anomaly: Any problem affecting one or more workstations which does not result in a loss of recording or replay but nevertheless results in diminished Product response or performance, for example if an administrator loses the ability to add or delete users. Priority 4 - System Inquiry: Planned Intervention Request for information 2|Page Back To Top Qty 1 Product ID List of Equipment on Site Description NICE Inform Server License 32 Recorded Channel License 32 NICE Inform Voice Channel License 3 NICE Inform Reconstruction Concurrent 1 NICE Inform Reconstruction Module Software 1 Ani/Ali 3 Verify 2 Analog Board Package for up to 24 channels 1 Aberdeen Server 3|Page Back To Top BRONZE CONTRACT TERMS AND CONDITIONS Grabar Voice & Data, Inc. Contract Service - Telephone Support Only: 8:00 – 5:00 Monday through Friday Local time is used for all Service Agreements. After Hours, Weekend Hours and/or Holiday Hours are not covered on this contract. This applies to all types of service work whether it is through telephone, remote diagnostics and/or on-site support. Remote Diagnostics: Grabar, Voice & Data, Inc. will use a pre-designated option for remote viewing of management council or server. Network Stipulations: Any network issues and/or improper procedures of facility personnel that results in service required by Grabar Voice & Data, Inc. will be billed to the facility at Grabar Voice & Data contract rates. Computer Viruses: Any computer or system under service contract with Grabar Voice and Data, Inc. that contracts a computer virus is not and will not be covered under the terms of the contract. Grabar Voice and Data, at the customer’s request, clean any viruses at an hourly rate. Grabar will not warranty or guarantee any virus clean-up as computer viruses are always changing and sometimes are not repairable. Inspections: Inspections will be performed on an as needed basis deemed necessary by Grabar Voice and Data, Inc., to assure maximum performance and minimum down time. Due to changes in industry standards, customer actions, third party applications and other network issues, Grabar Voice and Data, Inc. may make recommendations for hardware/software changes or enhancements to the system. The cost of implementing these recommendations is not covered under this agreement. Grabar Voice and Data, Inc. reserve the right to increase the cost of this agreement or void some or all parts of this agreement in the event that non-compliance with these recommendations cause a significant increase in support from Grabar Voice & Data, Inc. Parts Replacement: Customer is responsible for the replacement of all parts. Reconditioning: When in Grabar Voice and Data’s opinion a shop reconditioning is necessary because normal repair and parts replacement cannot maintain the equipment in satisfactory operating condition, or parts are no longer available, Grabar Voice and Data Inc. will submit a cost estimate of needed repairs or replacement items which will be in addition to contract charges. If the customer does not authorize such work, Grabar Voice and Data Inc. may terminate this agreement with respect to such equipment. Some system components that have reached industry obsolescence (cards, drives, servers, monitors etc.), and are therefore unobtainable by Grabar Voice and Data Inc. will not be covered by this agreement. Grabar Voice and Data Inc. will make every attempt to work with customer to aid in obtaining suitable replacements for obsolete parts, but costs for those parts will not be part of this agreement 4|Page Back To Top Supplies: Customer use of consumable supplies that have not been approved by the equipment manufacturer or Grabar may cause this agreement to be null and void. Headsets and foot controls are considered to be consumable items and are not covered under this agreement. Key Operator Training: Grabar will provide initial and occasional KEY OPERATOR refresher training if under an all inclusive on site agreement as part of this contract. In exchange for this service, the KEY OPERATOR will be used from time to time to help diagnose software issues VIA telephone, in order to respond with a quick fix solution when possible. Exclusions: Service rendered under this agreement excludes the following: (a) any service or parts damaged by accident, neglect, misuse, alteration of the equipment, unfavorable environmental conditions, electric current fluctuation, work performed without permission or prior approval by anyone other than Grabar representative or any force of nature, (b) non-standard procedure, location change or system change performed without prior approval of a Grabar representative, (c) connection to or with equipment not approved by Grabar representative, (d) loss of software media or stored information on drive regardless of cause. Grabar shall not be liable for any accidents to or caused by the equipment or machine. CONTRACT LABOR RATES (FOR CUSTOMERS WITH A SERVICE AGREEMENT) Contract labor rates apply below when a service contract is in place. These rates are only applicable for services not covered under this agreement such as system installations, moves, designing templates, additional training or other services. Rates are applied in increments shown below. Description Rate Increment Business Hours (Mon – Fri, 8am – 5pm) After Hours (Mon – Thurs, 5pm-8am) Weekend (Fri - 5pm to Mon 8am) Holidays (Please verify at time of service call) $150.00 per hour $225.00 per hour $300.00 per hour $300.00 per hour ½ Hour 1 Hour 1 Hour 1 Hour Customer PO# ____________________________________________ Acceptance: ____________________________________________ Authorized Signature and Title Date: ____________________________________________ 5|Page Back To Top Grabar Voice and Data Support Request Procedure If your equipment is not under warranty or have an inactive maintenance contract, you may incur charges for telephone support. 8:00 am to 5:00 pm EDT Service Call Procedure 1. Call our office at 701-258-3528 or 888-239-1311(toll free). You will be asked for the following information: Account name Contact person’s name and telephone number (other than voice mail . The problem you are having with equipment. 2. We will open a work order that will be assigned to a support technician. 3. Or you can email [email protected] After-Hours Non-Emergency Service Call Procedure 1. Call our office at 701-258-3528 or 888-239-1311(toll free). Leave the same information in the voice mailbox as requested under Step 1. Above. Someone will get back to you first thing in the morning on the next business day. After-Hours Emergency Service Call Procedure 1. Call our office at 701-258-3528 or 888-239-1311(toll free). 2. You will get our afterhours greeting. Follow the prompts to leave an after-hours service request-Include the following information in your voicemail: Account name Contact person’s name and telephone number (other than voice mail) The problem you are having with equipment. 6|Page Back To Top Item #1c- Veolia Agreement Back To Top Back To Top Back To Top Back To Top Back To Top Item #1d- Motorola Agreement SERVICES AGREEMENT Contract Number: S00001021141 Contract Modifier: RN01-JAN-15 05:03:05 Attn: National Service Support/4th fl 1301 East Algonquin Road (800) 247-2346 Date: 01/05/2015 Company Name: Attn: Billing Address: City, State, Zip: Customer Contact: Phone: QTY Required P.O.: Customer # : Bill to Tag # : Contract Start Date: Contract End Date: Anniversary Day: Payment Cycle: PO # : Watertown Police Department 128 N Maple Watertown,SD,57201 MODEL/OPTION SERVICES DESCRIPTION No 1000224444 0001 04/01/2015 03/31/2016 Mar 31st ANNUAL NA MONTHLY EXT EXTENDED AMT ***** Recurring Services ***** 1 4 1 1 1 1 4 SVC01SVC1101C SVC060AD SVC062AD SVC01SVC1102C SVC084AD SVC01SVC1103C SVC049AD SVC01SVC1104C SVC040AD SVC01SVC1410C SVC093AD SVC095AD INFRASTRUCTURE REPAIR WITH ADV REPL ASTRO25 DISPATCH SITE ASTRO25 OPERATOR POSITIONS DISPATCH SERVICE ASTRO25 DISPATCH SITE NETWORK MONITORING ASTRO25 DISPATCH SITE TECHNICAL SUPPORT ASTRO25 DISPATCH SITE ONSITE INFRASTRUCTURE RESPONSE-STANDARD ASTRO25 DISPATCH SITE ASTRO25 OPERATOR POSITIONS SPECIAL INSTRUCTIONS - ATTACH STATEMENT OF WORK FOR PERFORMANCE DESCRIPTIONS $321.20 $3,854.40 $24.32 $291.84 $173.55 $2,082.60 $62.14 $745.68 $673.07 $8,076.84 Subtotal - Recurring Services $1,254.28 $15,051.36 Subtotal - One-Time Event Services $ .00 $ .00 Total $1,254.28 $15,051.36 Taxes Grand Total $1,254.28 $15,051.36 THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING JURISDICTIONS WHERE APPLICABLE, TO BE VERIFIED BY MOTOROLA. Subcontractor(s) City State MOTOROLA SYSTEM SUPPORT CENTER MOTOROLA SYSTEM SUPPORT CENTER-NETWORK MGMT DO067 MOTOROLA SYSTEM SUPPORT CTR-CALL CENTER DO066 ELGIN SCHAUMBU RG SCHAUMBU RG IL IL IL Back To Top MOTOROLA SYSTEM SUPPORT-TECHNICAL SUPPORT DO068 MILBANK COMMUNICATION INC SCHAUMBU RG Milbank IL SD I received Statements of Work that describe the services provided on this Agreement. Motorola's Service Terms and Conditions, a copy of which is attached to this Service Agreement, is incorporated herein by this reference. x AUTHORIZED CUSTOMER SIGNATURE TITLE DATE CUSTOMER (PRINT NAME) MOTOROLA REPRESENTATIVE(SIGNATURE) Customer Support Manager TITLE Gary Ledin MOTOROLA REPRESENTATIVE(PRINT NAME) 952-979-1418 PHONE Company Name: Contract Number: Contract Modifier: Contract Start Date: Contract End Date: 1/5/2015 DATE Watertown Police Department S00001021141 RN01-JAN-15 05:03:05 04/01/2015 03/31/2016 Back To Top Service Terms and Conditions Motorola Solutions Inc.("Motorola") and the customer named in this Agreement ("Customer") hereby agree as follows: Section 1. APPLICABILITY These Service Terms and Conditions apply to service contracts whereby Motorola will provide to Customer either (1) maintenance, support, or other services under a Motorola Service Agreement, or (2) installation services under a Motorola Installation Agreement. Section 2. DEFINITIONS AND INTERPRETATION 2.1. "Agreement" means these Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities, these Service Terms and Conditions take precedence over any cover page, and the cover page takes precedence over any attachments, unless the cover page or attachment states otherwise. 2.2. "Equipment" means the equipment that is specified in the attachments or is subsequently added to this Agreement. 2.3. "Services" means those installation, maintenance, support, training, and other services described in this Agreement. Section 3. ACCEPTANCE Customer accepts these Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement becomes binding only when accepted in writing by Motorola. The term of this Agreement begins on the "Start Date" indicated in this Agreement. Section 4. SCOPE OF SERVICES 4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement. At Customer's request, Motorola may also provide additional services at Motorola's then-applicable rates for the services. 4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment will be serviced at levels set forth in the manufacturer's product manuals; and routine service procedures that are prescribed by Motorola will be followed. 4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for that additional equipment expires. 4.4. All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer's obligation to pay Service fees for this Equipment will terminate at the end of the month in which Motorola receives the written notice. 4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments. 4.6. If Equipment cannot, in Motorola's reasonable opinion, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to that Equipment; remove that Equipment from the Agreement; or increase the price to Service that Equipment. 4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this Agreement. Section 5. EXCLUDED SERVICES 5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events. 5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no Back To Top obligations for any transmission medium, such as telephone lines, computer networks, the internet or the worldwide web, or for Equipment malfunction caused by the transmission medium. Section 6. TIME AND PLACE OF SERVICE Service will be provided at the location specified in this Agreement. When Motorola performs service at Customer's location, Customer will provide Motorola, at no charge,a non-hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement,the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by Motorola in rendering the Services,Customer agrees to reimburse Motorola for those charges and expenses. Section 7. CUSTOMER CONTACT Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be available twenty-four (24) hours per day, seven (7) days per week, and an escalation procedure to enable Customer's personnel to maintain contact, as needed, with Motorola. Section 8. PAYMENT Unless alternative payment terms are stated in this Agreement, Motorola will invoice Customer in advance for each payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty (20) days of the invoice date. Customer will reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments that are levied as a result of Services rendered under this Agreement (except income, profit, and franchise taxes of Motorola) by any governmental entity. Section 9. WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. In the event of a breach of this warranty, Customer's sole remedy is to require Motorola to re-perform the non-conforming Service or to refund, on a pro-rata basis, the fees paid for the non-conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10. DEFAULT/TERMINATION 10.1. If either party defaults in the performance of this Agreement, the other party will give to the non-performing party a written and detailed notice of the default. The non-performing party will have thirty (30) days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non-performing party fails to provide or implement the cure plan, then the injured party, in addition to any other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of termination to the defaulting party. 10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide Services. Section 11. LIMITATION OF LIABILITY Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Service provided under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of the cause of action, except for money due upon an open account.This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision. Section 12. EXCLUSIVE TERMS AND CONDITIONS Back To Top 12.1. This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties. 12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement will not affect its applicability. In no event will either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: the purchase order, acknowledgement, or other writing specifically refers to this Agreement; clearly indicate the intention of both parties to override and modify this Agreement; and the purchase order,acknowledgement, or other writing is signed by authorized representatives of both parties. Section 13. PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS 13.1. Any information or data in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer under this Agreement will remain Motorola's property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose, without Motorola's written permission or as required by law, any confidential information or data to any person, or use confidential information or data for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section survive the expiration or termination of this Agreement. 13.2. Unless otherwise agreed in writing, no commercial or technical information disclosed in any manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with access to its confidential and proprietary information, including cost and pricing data. 13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual property including any intellectual property created as a result of or related to the Equipment sold or Services performed under this Agreement. Section 14. FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying with all rules and regulations required by governmental agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any governmental matters Section 15. COVENANT NOT TO EMPLOY During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found to be overly broad under applicable law, it will be modified as necessary to conform to applicable law Section 16. MATERIALS, TOOLS AND EQUIPMENT All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer's custody or control, be liable for any loss or damage to this property, and return it to Motorola upon request. This property will be held by Customer for Motorola's use without charge and may be removed from Customer's premises by Motorola at any time without restriction. Section 17. GENERAL TERMS 17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect. 17.2. This Agreement and the rights and duties of the parties will be interpreted in accordance with the laws of the State in which the Services are performed 17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege. 17.4. Neither party is liable for delays or lack of performance resulting from any causes that are beyond that party's reasonable control, such as strikes, material shortages, or acts of God. 17.5. Motorola may subcontract any of the work,but subcontracting will not relieve Motorola of its duties under this Agreement. Back To Top 17.6. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In addition, in the event Motorola separates one or more of its businesses (each a "Separated Business"),whether by way of a sale, establishment of a joint venture, spin-off or otherwise (each a "Separation Event"), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable) following the Separation Event 17.7. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may adjust the price of the Services to reflect its current rates. 17.8. If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for those services on a time and materials basis at Motorola's then effective hourly rates. Revised Jan 1, 2010 Back To Top Statement of Work Prepared For : WATERTOWN POLICE DEPARTMENT 128 N MAPLE WATERTOWN, SD 57201 Back To Top Statement of Work Definitions 1.0 Definitions These defined terms might not apply to every Statement of Work. Capitalized terms below and not otherwise defined within the Statement of Work, or in the Communications System Agreement or other applicable agreement (collectively, ''Agreement'') have the following meanings: 1.1. Box Unit Test: Unit is tested in a fixture that simulates the functions for which it was designed, engineered, or manufactured to insure that it meets manufacturer specifications. 1.2. Case: Electronic tracking document for requests for service through the System Support Center. 1.3. Case Status: Identifier of the status of a Case from beginning to end. 1.4. Component(s): Motorola new or refurbished parts of equal quality. 1.5. Configuration Change Support: A change in a user-defined parameter, which may include a change in the placement of a dispatch console talkgroup window. Fleet mapping is not included in Configuration Change Support. 1.6. Connectivity: Establishment of remote access to the System via dial up or fixed dedicated links. 1.7. Continuously/Continuous: Seven (7) days per week, twenty-four (24) hours a day, including holidays. 1.8. Customer: The end-user Customer as identified in the Agreement. 1.9. Customer Support Plan: A document mutually developed by Motorola and the Customer that provides information about the Customer and the System and describes the specific processes by which Motorola will deliver and the Customer will receive the services described in this Statement of Work. 1.10. Elements: Those device types present on the Customer's System whose status may be communicated to the SSC. 1.11. Equipment: The equipment specified in the Equipment List as set forth in the Agreement, including any additions to the Equipment List during the Warranty Period. 1.12. Enhanced System Support (ESS) Period: The 12 month period commencing at the start of the Warranty Period for Equipment and Software as defined by the Agreement. 1.13. Event: An alarm or informational notification received by Motorola through the Network Management tools. 1.14. Feature: A Software functionality 1.15. Federal Technical Center: A Motorola facility located in Lanham, Maryland, the purpose of which is to serve as Motorola's centralized location for radio repair for United States Federal Government Customers. 1.16. Firmware: Software in object code form that is implanted or embedded in hardware. 1.17. FRU: Field Replaceable Unit, typically a board or module, contained within the Infrastructure. 1.18. Infrastructure: The fixed Equipment excluding mobiles, portables, and accessories. 1.19. Infrastructure Depot Operations (IDO): A Motorola facility, which serves as Motorola's centralized location for infrastructure repair. 1.20. Loaner: Infrastructure that is owned by Motorola and serves as a temporary replacement while the Customer's Infrastructure is being repaired. 1.21. Maintenance: The process for determining the cause of Equipment failure, removing, repairing, or replacing Components necessary to conform the Equipment with the manufacturer's specifications along with system-specific specifications, delivering and reinstalling the Components,, and placing the Equipment back into operation. 1.22. MCNS: Mission Critical Network Services 1.23. Motorola Software: Software whose copyright is owned by Motorola or its affiliated company 1.24. Non-Motorola Software: Software whose copyright is owned by a party other than Motorola or its affiliated company. 1.25. Notification: The point in time when the Customer contacts Motorola and requests service. 1.26. Optional Feature: An additional Feature issued with a System Release that is available to Customer at additional cost. 1.27. Radio Support Center (RSC): A Motorola facility which serves as Motorola's centralized location for radio repair. 1.28. Response: The event when a technician, a remote systems technologist or a remote network specialist begins actively to work on the technical issue, remotely or on-site, as determined by Motorola. 1.29. Restore/Restoration/Restoral: The effort required to bring Equipment to the level for which it was designed, engineered and adjusted for performance in accordance with the manufacturer's published specifications, although such Equipment may not necessarily be malfunctioning. 1.30. Servicer: A Motorola Authorized Service Station or Motorola Field Service personnel. Back To Top 1.31. Severity Level: The degree of adverse impact of an issue or Event. 1.32. Software: The software furnished with the System, including any Motorola Software and Non-Motorola Software. 1.33. Software License Agreement: The agreement or portion of an agreement pursuant to which Motorola licenses Software to Customer, including System Releases. 1.34. Special Product Feature: A Feature that is specially developed for Customer and which contains a functionality that is unique to Customer. 1.35. Standard Business Day: Monday through Friday, 8:30 a.m. to 4:30 p.m., local time, excluding Motorola holidays. 1.36. Standard Feature: A software functionality for components of Customer's System that is available to Customer in the standard software release 1.37. Start Date: Effective start date as listed on the Agreement. 1.38. System: The communications system as defined in the Communications System Agreement or other applicable Agreement. 1.39. System Acceptance: Unless otherwise defined in the Communications System Agreement, the date upon which Motorola has successfully completed all of the System Tests as described in the acceptance test plan. 1.40. System Support Center (SSC): A Motorola facility which serves as Motorola's centralized system support facility to compliment the field support resources 1.41. System Release: One software version release on a particular platform. ASTRO 25 6.3 example is where 6 is the platform indicator and .3 is software version release indicator. 1.42. System Test: Unit is tested in a Motorola manufactured system of similar type from which the unit was designed to test all functionality of the unit to insure that it meets manufacturer specifications. 1.43. Systemic: A recurring Software or hardware defect that significantly affects the operation of the System. 1.44. Technical Support Operations (TSO): A centralized telephone support help desk that provides technical support for Motorola customers who have purchased products from Motorola (Networks & Enterprise) or who have a contract for technical support services. 1.45. Vendor: Any manufacturer (other than Motorola) or third party that services or repairs Infrastructure or subscriber equipment 1.46. Verification:Contacting the appropriate designated person to verify the System is operational (original problem resolved) and closing the Case. 1.47. Work-around: A change in the followed procedures or data supplied by Vendor to avoid error without substantially impairing use of the Equipment. 1.48. Work Flow: A step-by-step process including instruction or direction for routing, handling, and processing information at a given agency. Definitions Approved by Motorola Contracts & Compliance 10-31-2006 Back To Top Statement of Work Network Monitoring, OnSite Infrastructure Response and Dispatch Service Motorola will provide Network Monitoring, Dispatch Service and OnSite Infrastructure Response services to the Customer. These services are applicable only for the following system types: ASTRO®, ASTRO® 25, ARC 4000, SmartZone®/OmniLink® v2.0.3 and higher, SmartNet®, Private Data (with a wireless network gateway) v2.0.3 and higher, and Harmony® Wireless Communications System. The terms of this Statement of Work (SOW) are an integral part of the Motorola Service Terms and Conditions or other applicable Agreement(s) with the Customer to which this SOW is appended and made a part thereof by this reference. 1.0 Description of Services Network Monitoring is a service designed to electronically monitor Elements of a Communication System for Events, as set forth in the Monitored Elements Table. When the Motorola System Support Center (SSC) detects an Event, trained technologists acknowledge and remotely diagnose the Event and initiate an appropriate response per the customer profile. Appropriate responses could include, but are not limited to, continuing to monitor the Event for further development transferring the Event to Technical Support, or opening a Case for dispatch of a Servicer. If dispatched, the Servicer will respond at the Customer location based on pre-defined Severity Levels set forth in the Severity Definitions Table and Response times set forth in the On-Site Response Time Table in order to Restore the System. Motorola will provide Case management as set forth herein. The SSC maintains contact with the on-site Servicer until System Restoral occurs and Case is closed. The SSC will continuously track and manage Case activity from open to close through an automated Case tracking process. 2.0 Motorola Responsibilities: 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 Provide dedicated Connectivity through a private network connection necessary for monitoring ASTRO and ASTRO25, SmartZone/ OmniLink, Private Data, and Harmony Wireless Communications network types.The Connectivity Matrix set forth in Appendix 1, further describes the Connectivity options. If determined necessary by Motorola, provide Motorola owned equipment for monitoring ASTRO and ASTRO 25 System elements. If Motorola installs or replaces Motorola owned equipment, the type equipment and location installed is listed in the Motorola Owned & Supplied Equipment Table. If determined necessary by Motorola, provide Motorola owned equipment for monitoring SmartNet System elements. If Motorola installs or replaces Motorola owned equipment, the type of equipment and location installed is listed in the Motorola Owned & Supplied Equipment Table. Verify Connectivity and Event monitoring prior to System Acceptance or Start Date. Continuously receive data from Customer monitored System and Customer initiated service requests. Remotely access the Customer's System to perform remote diagnostics as permitted by Customer pursuant to section 3.1 Create a Case as necessary when service requests are received. Gather information to perform the following: 2.7.1 Characterize the issue 2.7.2 Determine a plan of action 2.7.3 Assign and track the Case to resolution. Dispatch a Servicer, as required, by Motorola standard procedures and provide necessary Case information collected in section 2.7 Ensure the required personnel have access to Customer information as needed. Disable and enable System devices, as necessary, for Servicers. Servicer will perform the following on-site: 2.11.1 Run diagnostics on the Infrastructure or FRU. 2.11.2 Replace defective Infrastructure or FRU, as applicable. Customer, Servicer or Motorola may provide Infrastructure or FRU. 2.11.3 Provide materials, tools, documentation, physical planning manuals, diagnostic/test equipment and any other requirements necessary to perform the Maintenance service. 2.11.4 If a third party Vendor is needed to restore the System, the Servicer may accompany that Vendor onto the Customer's premises. Back To Top 2.12 2.13 2.14 2.15 2.16 2.17 2.18 3.0 Verify with Customer that Restoration is complete or System is functional, if required by Customer's repair Verification preference described in the Customer Support Plan required by section 3.5. If Verification by Customer cannot be completed within 20 minutes of Restoration, the Case will be closed and the Servicer will be released. Escalate the Case to the appropriate party upon expiration of a Response time. Close the Case upon receiving notification from Customer or Servicer, indicating the Case is resolved. Notify Customer of Case Status, as described in the Customer Support Plan required be section 3.5 at the following Case levels 2.15.1 Open and closed; or 2.15.2 Open, assigned to the Servicer, arrival of the Servicer on site, deferred or delayed, closed. Provide the following reports, as applicable: 2.16.1 Case activity reports to Customer. 2.16.2 Network Monitoring Service reports for Customer System(s). 2.16.3 Network Activity/Availability Reports for ASTRO25, SmartZone/ OmniLink, and Private Data Systems only. Respond in accordance to pre-defined Response times upon receipt from Customer of Customer managed passwords required for proper access to the Customer's System. Apply additional support charges above and beyond the contracted service agreements that may apply if it is determined that System faults were caused by the Customer making changes to critical System parameters. Customer Responsibilities: 3.1 3.2 3.3 3.4 3.5 Allow Motorola Continuous remote access to obtain System availability and performance data. Allow Motorola to access System if firewall has been installed; provide permanent/dedicated access for SNMP traps (outbound) and ZDS polling (inbound). Also provide continuous utility service to any Motorola equipment installed or utilized at Customer's premises to support delivery of the Service. Order and maintain dedicated dial-up phone lines for telephone service for SMARTNET System types. The Connectivity Matrix set forth in Appendix 1, further describes the Connectivity options. Unless otherwise specified, Motorola recommends a private network connection for all other Systems. The Connectivity Matrix set forth in Appendix 1, further describes the Connectivity options. Provide Motorola with pre-defined Customer information and preferences prior to Start Date necessary to complete Customer Support Plan. 3.5.1 3.5.2 3.5.3 3.5.4 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 Case notification preferences and procedure Repair Verification Preference and procedure Database and escalation procedure forms. Submit changes in any information supplied in the Customer Support Plan to the Customer Support Manager. Provide the following information when initiating a service request: 3.6.1 Assigned System ID number 3.6.2 Problem description and site location 3.6.2 Other pertinent information requested by Motorola to open a Case. Notify the System Support Center when Customer performs any activity that impacts the System. (Activity that impacts the System may include, but is not limited to, installing software or hardware upgrades, performing upgrades to the network, or taking down part of the system to perform maintenance.) Allow Servicers access to Equipment (including any Connectivity or monitoring equipment) if remote service is not possible. Allow Servicers access to remove Motorola owned monitoring equipment upon cancellation of service. Supply Infrastructure or FRU, as applicable, in order for Motorola to Restore the System as set forth in paragraph 2.12.2 Maintain and store in an easy accessible location any and all Software needed to Restore the System. Maintain and store in an easily accessible location proper System backups. Verify with the SSC that Restoration is complete or System is functional, if required by the Repair Verification Preference provided by Customer in accordance with section 3.5. Pay additional support charges above and beyond the contracted service agreements that may apply if it is determined that System faults were caused by the Customer making changes to critical System parameters Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the services described in this SOW. Back To Top Severity Definitions Table Severity Level Severity 1 Severity 2 Severity 3 Problem Types 1. Response is provided Continuously 2. Major System failure 3. 33% of System down 4. 33% of Site channels down 5. Site Environment alarms (smoke, access, temp, AC power) as determined by the SSC. 6. This level is meant to represent a major issue that results in an unusable system, sub-system, Product, or critical features from the Customer's perspective. No Work-around or immediate solution is available. 1. Response during Standard Business Day 2. Significant System Impairment not to exceed 33% of system down 3. System problems presently being monitored 4. This level is meant to represent a moderate issue that limits a Customer's normal use of the system, sub-system, product, or major non-critical features from a Customer's perspective 1. Response during Standard Business Day 2. Intermittent system issues 3. Information questions 4. Upgrades/preventative maintenance 5. This level is meant to represent a minor issue that does not preclude use of the system, sub-system, product, or critical features from a Customer's perspective. It may also represent a cosmetic issue, including documentation errors, general usage questions, recommendations for product enhancements or modifications, and scheduled events such as preventative maintenance or product/system upgrades. On-Site Response Time Table (Customer's Response Time Classification is designated in the Service Agreement). Severity Level Standard Restoral Off Deferral Response Time Severity 1 Within 4 hours from receipt of Notification 8 Hours Time provided Continuously by Servicer * Severity 2 Within 4 hours from receipt of Notification 8 Hours Time provided Standard Business Day by Servicer * Severity 3 Within 24 hours from receipt of Notification 48 Hours Time provided Standard Business Day by Servicer * · Please note these are Standard Commitment times. The commitment times should be based on the Customers Support Plan. · Provide update before the specific contractual commitments come due. * Note: Provide update to System Support Center before Deferral time comes due. Appendix 1 Connectivity Matrix System Type Astro 25 SmartZone/OmniLink v3.5 and below SmartZone/OmniLink v4 and above Private Data ARC 4000 MESH Harmony Connectivity T1 256K 512K 256K T1 or VPN T1 or VPN T1 Responsibility Motorola Motorola Motorola Motorola Motorola Motorola Motorola Back To Top MotoBridge SmartNet T1 or VPN Dial-up Private Network Connection IP VPN (All Customers) Standard solution for real time Connectivity Dedicated bandwidth configuration provided to monitor Customers Protected from unauthorized intrusion Encryption available Connectivity available through Motorola Motorola Owned & Supplied Equipment Table Equipment Type Firewall/Router System Support Server Motorola Customer Public Internet Connection IP VPN (Option Available only to Customers outside of the US) Non Standard solution for Connectivity No dedicated bandwidth provided to monitor Customers Low risk of unauthorized intrusion Encryption is required Customer provides Connectivity to the internet via an internet service provider selected by Customer. Location Installed Master Site Master Site for each Zone Monitored Elements Table (Listed by technology) System Type ASTRO 25 (release 7.0 and higher) SECURITY ELEMENTS Monitoring and managing Security Elements is dependent on Customer purchasing and Core Security Management Server as Equipment with the Customer System Equipment Packet Routing Network; Zone Controllers; Database Server; FullVision Server; UEM Server; Zone Statistical Server; Air Traffic Router; System Statistics Server; User Configuration Server; Packet Data Gateway Server; PBX; Interconnect Server; Motorola Gold Elite Gateway (MGEG); AEB; CEB; Conventional Channel Gateway (CCGW); Core, Exit, Gateway, Peripheral, Border, and Site routers, HP Switches master, prime, console (MCC7500) and repeater sites switches, GGSN; CWR MOSCAD Overlay (TenSr, Station, Channel Banks, TRAK GPS, Site Power, Microwave) Simulcast RF Site (Site Controllers, Comparators, Stations); Intelli Repeater RF Site (Stations); Intelli Site Repeater RF Site (Site Controllers, Stations). The SMARTX box is a transparent box that connects the legacy equipment to ASTRO core. The SMARTX box is not part of the monitored elements. DOES NOT INCLUDE MONITORING OF ANY MOSCAD ALARM POINTS THAT DO NOT DIRECTLY IMPACT THE PERFORMANCE OF THE RADIO NETWORK. DOES NOT INCLUDE MONITORING OF ANYTHING OUTSIDE OF THE RADIO NETWORK UNLESS SPECIFICALLY STATED If Motorola Security Monitoring service is purchased - Core Security Management Server, Intrusion Detection Sensor, Firewall, Anti-virus Application, Servicer Authentication, Centralized Logging Server Back To Top ASTRO 25 (release 6.3 ? 6.9) SECURITY ELEMENTS Monitoring and managing Security Elements is dependent on Customer purchasing and Core Security Management Server as Equipment with the Customer System Nortel; Packet Routing Network; Zone Controllers; Database Server; FullVision Server; Zone Statistical Server; Air Traffic Router; System Statistics Server; User Configuration Server; Packet Data Gateway Server; PBX; Interconnect Server; Motorola Gold Elite Gateway (MGEG); AEB; CEB; ARCADACS Cross Connect Switch; Simulcast RF Site (Site Controllers, Comparators, Stations); Intelli Repeater RF Site (Stations);Intelli Site Repeater RF Site (Site Controllers, Stations); MOSCAD Overlay (TenSr, Station, Channel Banks, TRAK GPS, Site Power, Microwave) DOES NOT INCLUDE MONITORING OF ANY MOSCAD ALARM POINTS THAT DO NOT DIRECTLY IMPACT THE PERFORMANCE OF THE RADIO NETWORK. DOES NOT INCLUDE MONITORING OF ANYTHING OUTSIDE OF THE RADIO NETWORK UNLESS SPECIFICALLY STATED ASTRO 25 6.0 - 6.2 Astro LE If Motorola Security Monitoring service is purchased - Core Security Management Server, Intrusion Detection Sensor, Firewall, Anti-virus Application, Servicer Authentication, Centralized Logging Server Nortel; Packet Routing Network; Zone Controllers; Database Server; FullVision Server; Zone Statistical Server; Air Traffic Router; System Statistics Server; User Configuration Server; Packet Data Gateway Server; PBX; Interconnect Server; Motorola Gold Elite Gateway (MGEG); AEB; CEB; ARCADACS Cross Connect Switch; Simulcast RF Site (Site Controllers, Comparators, Stations); Intelli Repeater RF Site (Stations);Intelli Site Repeater RF Site (Site Controllers, Stations); MOSCAD Overlay (TenSr, Station, Channel Banks, TRAK GPS, Environmental Alarms, Microwave) Site Controllers; Environmental Alarms; Channel Banks Legal Approval September 2010 Back To Top Statement of Work Infrastructure Repair with Advanced Replacement 1.0 Description of Services Infrastructure Repair is a repair service for Motorola and select third party Infrastructure as set forth in the applicable attached Exhibit(s), all of which are hereby incorporated into this Statement of Work (SOW) by this reference. Customer's System type determines which exhibit is applicable (i.e. SmartZone system exhibit, SmartNet system exhibit). Infrastructure may be repaired down to the Component level, as applicable, at the Motorola Infrastructure Depot Operations (IDO). At Motorola's discretion, select third party Infrastructure may be sent to the original equipment manufacturer or third party vendor for repair. If Infrastructure is no longer supported by the original equipment manufacturer or third party vendor, Motorola may replace Infrastructure with similar Infrastructure, when possible. When available, Motorola will provide Customer with an Advanced Replacement unit(s) or FRU(s) in exchange for Customer's malfunctioning FRU(s). Non-standard configurations, Customer-modified Infrastructure and certain third party Infrastructure are excluded from Advanced Replacement service. Malfunctioning FRU (s) will be evaluated and repaired by IDO and returned to IDO FRU inventory upon completion of repair. In cases where Advanced Replacement is not available or when a Customer requires the exact serial number to be returned, a FRU may be available on a Loaner basis. The terms and conditions of this SOW are an integral part of Motorola's Service Terms and Conditions or other applicable agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1 Use commercially reasonable efforts to maintain an inventory of FRU. 2.2 Provide new or reconditioned units as FRU to Customer or Servicer, upon request and subject to availability. The FRU will be of similar kit and version, and will contain like boards and chips, as the Customer's malfunctioning Infrastructure. 2.3 Program FRU to original operating parameters based on templates provided by Customer as required in Section 3.5. If Customer template is not provided or is not reasonably usable, a standard default template will be used. 2.4 Properly package and ship Advanced Replacement FRU from IDO's FRU inventory to Customer specified address. 2.4.1 During normal operating hours of Monday through Friday 7:00am to 7:00pm CST, excluding holidays, FRU will be sent next day air via Federal Express Priority Overnight or UPS Red, unless otherwise requested. Motorola will pay for such shipping, unless Customer requests shipments outside of the above mentioned standard business hours and/ or carrier programs, such as NFO (next flight out). In such cases, Customer will be subject to shipping and handling charges. 2.4.2 When sending the Advanced Replacement FRU to Customer, provide a return air bill in order for Customer to return the Customer's malfunctioning FRU. The Customer's malfunctioning FRU will become property of IDO and the Customer will own the Advanced replacement FRU. 2.4.3 When sending a Loaner FRU to Customer, IDO will not provide a return air bill for the malfunctioning Infrastructure. The Customer is responsible to arrange and pay for shipping the malfunctioning Infrastructure to IDO. IDO will repair and return the Customer's Infrastructure and will provide a return air bill for the customer to return IDO's Loaner FRU. 2.5 Provide repair return authorization number upon Customer request for Infrastructure that is not classified as an Advanced Replacement or Loaner FRU. 2.6 Receive malfunctioning Infrastructure from Customer and document its arrival, repair and return. 2.7 Perform the following service on Motorola Infrastructure: 2.7.1 Perform an operational check on the Infrastructure to determine the nature of the problem. 2.7.2 Replace malfunctioning FRU or Components. Back To Top 2.7.3 2.8 2.9 2.10 2.11 3.0 Verify that Motorola Infrastructure is returned to Motorola manufactured specifications, as applicable 2.7.4 Perform a Box Unit Test on all serviced Infrastructure. 2.7.5 Perform a System Test on select Infrastructure. Provide the following service on select third party Infrastructure: 2.8.1 Perform pre-diagnostic and repair services to confirm Infrastructure malfunction and eliminate sending Infrastructure with no trouble found (NTF) to third party vendor for repair, when applicable. 2.8.2 Ship malfunctioning Infrastructure to the original equipment manufacturer or third party vendor for repair service, when applicable. 2.8.3 Track Infrastructure sent to the original equipment manufacturer or third party vendor for service. 2.8.4 Perform a post-test after repair by Motorola, original equipment manufacturer, or third party vendor to confirm malfunctioning Infrastructure has been repaired and functions properly in a Motorola System configuration, when applicable. Re-program repaired Infrastructure to original operating parameters based on templates provided by Customer as required by Section 3.5. If Customer template is not provided or is not reasonably usable, a standard default template will be used. If IDO determines that the malfunctioning Infrastructure is due to a Software defect, IDO reserves the right to reload Infrastructure with a similar Software version. Enhancement Release(s), if needed, are subject to additional charges to be paid by Customer unless the Customer has a Motorola Software Subscription agreement. Properly package repaired Infrastructure unless Customer's malfunctioning FRU was exchanged with an IDO FRU. Motorola will return Customer's FRU(s) to IDO's FRU inventory, upon completion of repair. Ship repaired Infrastructure to the Customer specified address during normal operating hours set forth in 2.4.1. FRU will be sent two-day air unless otherwise requested. Motorola will pay for such shipping, unless Customer requests shipments outside of the above mentioned standard business hours and/or carrier programs, such as NFO (next flight out). In such cases, Customer will be subject to shipping and handling charges. Customer has the following responsibilities: 3.1 Contact or instruct Servicer to contact the Motorola System Support Center (SSC) and request an Advanced Replacement, or Loaner FRU and a return authorization number (necessary for all nonAdvanced Replacement repairs) prior to shipping malfunctioning Infrastructure or third party Infrastructure named in the applicable attached Exhibit. 3.1.1 Provide model description, model number, serial number, type of System and Firmware version, symptom of problem and address of site location for FRU or Infrastructure. 3.1.2 Indicate if Infrastructure or third party Infrastructure being sent in for service was subjected to physical damage or lightning damage. 3.1.3 Follow Motorola instructions regarding inclusion or removal of Firmware and Software applications from Infrastructure being sent in for service. 3.1.4 Provide Customer purchase order number to secure payment for any costs described herein. 3.2 Pay for shipping of Advanced Replacement or Loaner FRU from IDO if Customer requested shipping outside of standard business hours or carrier programs set forth in section 2.4.1. 3.3 Within five (5) days of receipt of the Advanced Replacement FRU from IDO's FRU inventory, properly package Customer's malfunctioning Infrastructure and ship the malfunctioning Infrastructure to IDO for evaluation and repair as set forth in 2.7. Customer must send the return air bill, referenced in 2.4.2 above back to IDO in order to ensure proper tracking of the returned Infrastructure. Customer will be subject to a replacement fee for malfunctioning Infrastructure not properly returned. For Infrastructure and/or third party Infrastructure repairs that are not exchanged in advance, properly package Infrastructure and ship the malfunctioning FRU, at Customer's expense and risk of loss to Motorola. Customer is responsible for properly packaging the Customer malfunctioning Infrastructure FRU to ensure that the shipped Infrastructure arrives un-damaged and in repairable condition. Clearly print the return authorization number on the outside of the packaging. 3.4 If received, Customer must properly package and ship Loaner FRU back to IDO within five (5) days of receipt of Customer's repaired FRU. 3.5 Maintain templates of Software/applications and Firmware for reloading of Infrastructure as set forth in paragraph 2.3 and 2.9. 3.6 For Digital In-Car Video Infrastructure, remove video from equipment prior to sending Infrastructure in Back To Top 4.0 for repair. Video retrieval is a separate service and is not included as part of this SOW. Additional services and fee applies. 3.7 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Infrastructure Repair with Advanced Replacement services to Customer. In addition to any exclusions named in Section 5 of the Service Terms and Conditions or in any other underlying Agreement to which this SOW is attached, the following items are excluded from Infrastructure Repair with Advanced Replacement: 1. All Infrastructure over seven (7) years from product cancellation date. 2. All Broadband/WiNS Infrastructure three (3) years from product cancellation date. 3. Physically damaged Infrastructure. 4. Third party Equipment not shipped by Motorola. 5. Consumable items including, but not limited to batteries, connectors, cables, tone/ink cartridges. 6. Video retrieval from Digital In-Car Video equipment 7. Test equipment. 8. Racks, furniture and cabinets. 9. Firmware and/or Software upgrades. ASTRO® 25 Infrastructure Exhibit Antenna Systems Backhaul Base Station(s) and Repeater(s) Central Electronics Bank(s) Channel Bank(s) Comparator(s) Computer(s)/Workstations/Modems Inclusions, Exclusions, Exceptions and Notes Excludes all Equipment such as bi-directional amplifiers, multicouplers, combiners, tower top pre-amplifiers, antennas, cables, towers, tower lighting, and transmission lines Includes PTP (Point-to-Point Wireless) PTP 49600 and PTP 800 licensed series Excludes all other PTP technologies Includes Quantar, MTR3000, STR3000, GTR8000, GTR8000 HPD, IntelliRepeater, Network Management (Please refer to the SOW for details) is not available on all stations. Quantar high power booster power amplifier, power supply and control board Excludes Fan Modules, Dual Circulator Tray, Site RMC Tray Includes Logging Recorder Interface and Network Hub Excludes all other technologies see SOW specifically for NICE logging recorders Includes Premisys , Telco, IMACS models 600, 800 . Excludes Siemens Includes Spectratac, Digitac, and ASTRO-tac 9600, ASTRO-tac 3000, GMC8000, Comparators. Includes computers (Pentium I, II, III, IV) directly interface with or control the communications System, including Systemwatch II, PT800 tablet HP x1100, HPx2100, HP xw4000-4600, HPz400, HP VL600, HP VL800, HPz400, ML850 laptop, MW810, ML900 laptop, ML910 laptop, Compaq XW4000. Includes keyboards, mice, trackballs. Excludes all other laptop and desktop computer technologies and all Back To Top Console(s) Controller - trunking Dictaphones and Recording Equipment Digital Interface Unit(s) Digital Signaling Modem(s) Digital Voice Modem(s) Embassy Switch Firewalls Intrusion Detector ISSI Gateway Links Logging Recorder Management Terminals MBEX(s) or NOVA Interconnect Microwave Equipment. Monitor(s) Motobridge Moscad Astro25 Infrastructure Repair con't Network Fault Management Gateway Printer(s) RAS(s) Receiver(s) 286, 386, 486 computers; defective or phosphor-burned cathode ray tubes CRT(s) and burned-in flat panel display image retention, Includes Centracom Gold Elite, MCC7500, MCC5500, MIP5000, VPM, as part of complete communication System ? including headset jacks, dual footswitches, and gooseneck microphones. Excludes cables Includes SmartNet II prime and remote controllers, MTC3600, GCP8000, Site Controller PSC9600, CSC7000, MTC9600, MZC3600, MZC5000 (Includes Netra240 & T5220). Excludes SSMT and SCMS controllers. CD ROM Drive, Fan Tray Excludes all types and models. Included Included upon modem model availability Included upon modem model availability Includes AEB, AIMI, ZAMBI, AMB Includes Nortel Alteon ASF5105, 5106, Juniper SS520, ISSG140, SSG5, ISG1000C, ISG2000 Includes Proventia 201 Linux IDSS, Proventia CX4002C Includes T5220 Sun server Solaris 10 OS Includes PTP 49600 and 800 licensed series Excludes all technologies see SOW specifically for NICE logging recorders Includes computers (Pentium I, II, III, IV) that directly interface with or control the communications System, including Systemwatch II. Excludes laptop computers and all 286, 386, 486 computers. Included Excluded from service agreement but may be repaired on an above contract, time and material basis. All Equipment must be shipped to IDO. Excludes any on-site services. Includes all Motorola certified monitors connected to computers that directly interface with or control the communications System. Excludes defective or phosphor-burned cathode ray tubes CRT(s) and burned-in flat panel displays image retention, as well as monitors that were not shipped by Motorola and/or cannot be confirmed by a Motorola factory order number. Included Includes NFM (Network Fault Management), as part of communication System only, RTU, SDM Site Manager RTU. Standalone MOSCAD and System Control and Data Acquisition (SCADA) must be quoted separately. Includes FSA4000. Excludes all other fire alarming systems. Inclusions, Exclusions, Exceptions and Notes Includes Full Vision, Unified Event Manager Excludes NMC Includes PDG:CPX8216, IVD & HPD PDG on HP DL360, MOTOBRIDGE Includes printers that directly interface with the communications system. Excludes RAS 1100, 1101 and 1102 Includes Quantar, MTR2000 and ASTRO-TAC, GPW8000, GTR8000, GTR8000 HPD Receivers. Back To Top Routers Servers Simulcast Distribution Amplifier(s) Site Frequency Standard(s) Secure SMARTX Switch Telco PBX Terminal Servers Universal Simulcast Controller Interface(s) UPS Systems Workstation Excludes Fan Modules, Dual Circulator Tray, Site RMC Tray Includes GGM8000, ST5500, ST5598, S2500-S6000 Includes Netra 240, Netra T5220, cPCI, HP DL360, HP ML370, HP ML110, HP ML530, HP TC2110, 2120 HP InfoVista Server. IR8000 series, LX4000 series, Intel Server TSRL-T2, TIGPR2U, Proventia 201 Linux IDSS, Proventia GX4002C,Trak9100. Network Management Server includes cPCI Chassis, Power Supply, Fan Tray, Controller Hard Drive, CD ROM Drive, Tape Drive, CPU, Client PC?s, Core Security Management Server, Firewall Servers, Intrusion Detection Sensor Server. Excludes Dell Servers, Monitors, Memory Module 0182915Y02, Rear Fan RLN5352, Central Process Card 0182915Y01 Included Includes Rubidium, GPS and Netclocks systems sold with the Motorola System. Includes KMF crypto card, end to end Cryptor for IVD PDEG Cryptr Includes VPM Includes Nortel Passport PBX,Cisco Catalyst 6509, HP 5308 LAN switch, HP ProCurve Switch 2524, 2650, 2626, HP3500, HP2610, 3Com PS40, SS1100 Includes Avaya Difinity PBX, S8300, S8500, Intel Server (ACSS), TSRLT2, TIGPR2U Includes IR8000, LX4000S, LX4000T, Paradyne Included Excluded from service agreements but may be repaired on an above contract, time and material basis. All UPS Systems must be shipped to IDO for repair. Excludes batteries and any on-site services. Included SmartZone System Infrastructure Exhibit Antenna Systems Inclusions, Exclusions, Exceptions and Notes Base Station(s) and Repeater(s) Central Electronics Bank(s) Includes: Quantar, Quantro, Digital, MTR2000 ONLY. Channel Bank(s) Comparator(s) Computer(s) Console(s) Excludes all Equipment such as bi-directional amplifiers, multicouplers, combiners, tower top pre-amplifiers, antennas, cables, towers, tower lighting, and transmission lines. Includes Logging Recorder, Interface and Network Hub Excludes all other technologies see SOW specifically for NICE logging recorders Includes Premisys and Telco Excludes Siemens Includes Spectratac, Digitac, and ASTRO-tac Comparators Includes computers (Pentium I, II, III, IV) that directly interface with or control the communications System, including Systemwatch II, keyboards, mice and trackballs. Excludes laptop computers and all 286, 386, 486 computers, defective or phosphor-burned cathode ray tubes CRT(s) and burned-in flat panel display image retention. Includes Centracom Gold Elite, MCC7500, MCC5500, MIP5000 as part of complete communication System ? including headset jacks, dual Back To Top Controller(s) -Trunking Dictaphones, Logging Recorders and Recording Equipment Digital Interface Unit(s) Digital Signaling Modem(s) Digital Voice Modem(s) Embassy Switch Management Terminals MBEX(s) or NOVA Interconnect Microwave Equipment. Monitor(s) Moscad Motobridge Network Fault Management Printer(s) RAS(s) Receiver(s) Simulcast Distribution Amplifier(s) Site Frequency Standard(s) Universal Simulcast Controller Interface(s) UPS Systems. Zone Manager Zone Controller(s) footswitches, and gooseneck microphones. Excludes cables Includes SmartNet II prime and remote controllers. Excludes SSMT and SCMS controllers. Excludes all technologies see SOW specifically for NICE logging recorders Included Included upon modem model availability Included upon modem model availability Includes AEB, AIMI, ZAMBI, AMB Includes computers (Pentium I, II, III, IV) that directly interface with or control the communications System, including Systemwatch II. Excludes laptop computers and all 286, 386, 486 computers. Included Excluded from service agreement but may be repaired on an above contract, time and material basis. All Equipment must be shipped to IDO. Excludes any on-site services. Includes all Motorola certified monitors connected to computers that directly interface with or control the communications System. Excludes defective or phosphor-burned cathode ray tubes CRT(s) and burned-in flat panel displays image retention as well as monitors that were not shipped by Motorola and/or cannot be confirmed by a Motorola factory order number. Includes NFM (Network Fault Management), as part of communication System only. Standalone MOSCAD and System Control and Data Acquisition (SCADA) must be quoted separately. Includes FSA4000. Excludes all other fire alarming systems. Included Includes Full Vision Excludes NMC Includes printers that directly interface with the communications System. Excludes RAS 1100, 1101 and 1102 Includes Quantar and MTR2000, ASTRO-TAC Receivers Included Includes Rubidium, GPS and Netclocks systems sold with the Motorola System. Excludes MFS -Rubidium Standard Network Time and Frequency devices Included Excluded from service agreements but may be repaired on an above contract, time and material basis. All UPS Systems must be shipped to IDO for repair. Excludes batteries and any on-site services. Excludes HP715/33, HP 715/50 servers. Excludes x-terminals NDS14C and NDS17C Includes console terminals. Excludes all Sun/IMP hard drives except TLN3495A 0820 1 GB drive as well as the following SUN/IMP CPUSET?s: TLN3278B 0406, TLN3343A 0424 and TLN3278A 0181/0389. Back To Top Approved by Contract and Compliance 11/20/09 Motorola Solutions 1303 E. Algonquin Road, Schaumburg, IL 60196 U.S.A. Version 1.9 1/12/12 Back To Top Statement of Work Technical Support Overview Motorolas Technical Support service provides telephone consultation for technical issues that require a high level of ASTRO network expertise and troubleshooting capabilities. Remote Technical Support is delivered through the Motorola System Support Center (SSC) by a staff of technical support specialists skilled in diagnosis and swift resolution of infrastructure performance and operational issues. Technical Support provides access to a solutions database, as well as access to in house test labs and additional Motorola technical resources Motorola applies industry best practices in recording, monitoring, escalating and reporting for Technical Support calls from its contracted customers, reflecting the importance of maintaining mission critical systems. The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service Agreement or other applicable agreement to which it is attached and made a part thereof by this reference. 1.0 Description of Technical Support Services Motorolas System Support Center (SSC) will provide technical support to assist the customers technical resources of the Motorolas currently supported infrastructure. This team of highly skilled professionals is available to the customer as an integrated part of the support and technical issue resolution process. The SSC remotely supports the customer and works with but not limited to fault diagnostics tools, simulation networks and fault database search engines. The Technical Support Operations is available 24 hours a day; 7 days per week to support technical requests (see severity level response time commitments). Calls requiring incidents, problems, or service requests will be logged in Motorolas issue management system. This ensures that technical issues are prioritized, updated, tracked and escalated as necessary, until resolution. The Technical Support Operations shall assign the priority level as in accordance with the agreed Severity Level Definitions stated in this document. Motorola will track the progress of each case from initial logging to resolution. Motorola will ensure that the customer is advised of the case progress and informed of tasks that require further investigation and assistance from the customers technical resources The provision of this service requires that the customer provides a suitably trained technical resource that delivers maintenance and support to the system, and who is familiar with the operation of that system. Motorola provides technical consultants to support the local resource in the timely closure of infrastructure, performance and operational issues. 1.1 Scope Technical Support service is available 24 hours a day, 7 days a week based on Severity Level Definitions. 1.2 Geographic Availability Technical Support is available to any customer regardless of their geographic location and timeframes are based on the customers local time zone. 1.3 Inclusions Technical Support service will be delivered on Motorola sold infrastructure including integrated 3rd party products. 1.4 Limitations and Exclusions The following activities are outside the scope of the Technical Support service, but are optional services that are available to remote Technical Support customers at an additional cost: 1.4.1 Emergency on-site visits required to resolve technical issues that cannot be resolved by with SSC working remotely with the local customer technical resource. 1.4.2 Third party support for equipment not sold by Motorola as part of the original system. 1.4.3 System installations, upgrades, and expansions. 1.4.4 Customer training. 1.4.5 Hardware repair and/or exchange. Back To Top 1.4.6 1.4.7 1.4.8 1.4.9 1.4.10 1.5 Motorola has the following responsibilities: 1.5.1 1.5.2 1.5.3 1.5.4 1.5.5 1.5.6 1.5.7 1.5.8 1.6 Enable customer access to the Motorola Technical Support Center (800-221-7144), 24 hours a day, 7 days per week, to answer, document and respond to requests for support. Respond to requests for Technical Support in accordance with the response times set forth in the Severity Level Response Time Commitments section of this document and the severity level defined in the Severity Level Definitions section of this document. Advise caller of procedure for determining any additional requirements, activities or information relating to issue restoration and/or characterization. Maintain communication with the customer in the field as needed until resolution of the case Coordinate technical resolutions with agreed upon third party vendors, as needed. Escalate and manage support issues, including systemic issues, to additional Motorola technical resources, as applicable. Escalate the case to the appropriate party upon expiration of a response time. Determine, in its sole discretion, when a case requires more than the Technical Support services described in this SOW and notify customer of an alternative course of action. The Customer has the following responsibilities: 1.6.1 1.6.2 1.6.3 1.6.4 1.6.5 1.6.6 1.6.7 1.6.8 1.6.9 1.7 Network security services. Network transport. Information Assurance. Motorola services not included in this statement of work. Any technical support required as a result of a virus or unwanted intrusion is excluded if the system is not protected against these security threats by Motorolas Pre-tested Security Update Service when applicable. Provide Motorola with pre-defined information prior to contract start date necessary to complete Customer Support Plan (CSP). Submit changes in any information supplied in the Customer Support Plan (CSP) to the Customer Support Manager (CSM). Contact the SSC in order to engage the Technical Support service, providing the necessary information for proper entitlement services. Including but not limited to the name of contact, name of customer, system ID number, site(s) in question, and brief description of the problem including pertinent information for initial issue characterization. Maintain suitable trained technical resources that provide field maintenance and technical maintenance services to the system, and who are familiar with the operation of that system. Provide SSC access via the remote connection that has been established through other sold services (e.g. Network Fault Monitoring) Supply suitably skilled and trained on-site presence when requested by the SSC. Validate issue resolution prior to close of the case in a timely manner. Acknowledge that cases will be handled in accordance with the times and priorities as defined in the Severity Level Definitions and in the Severity Level Response Time Commitments section in this document. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Technical Support service. Severity Level Definitions The following severity level definitions will be used to determine the maximum response times: Back To Top Severity Severity Definition Level Severity 1 This is defined as a failure that causes the system and/or infrastructure a loss of voice functionality and no work-around or immediate solution is available. The following are examples of this kind of failure: • • Severity 2 33% of call processing resources impaired Site Environment alarms: o Smoke, o Unauthorized access o Temperature o Power failure This is defined as a fault that causes the system to operate with a continuous reduction in capacity or functionality of core services (core services include, voice, data or network management). The following are examples of this kind of failure: Severity 3 Severity 4 2.1 • Less than 33% of call processing resources impaired • Failure of a single redundant component This is defined as a fault which reduces the functionality, efficiency or usability of core services (voice, data and network management) and there is a viable work-around in place. The following are examples of this kind of severity: • Intermittent faults that are infrequent and minor impact to core services • Statistical reporting problems This is defined as a minor issue, which has little or no impact on the functionality, efficiency or usability of core services. The following are examples of this kind of severity: • Faults resulting in minor functions or features being unsupported or unreliable in ways that are not noticeable to the user. • Faults that have no impact in how the user perceives the system to work. • Cosmetic issues. • • Requests for information. Preventive Maintenance Severity Level Response Time Commitments The response times are based on the defined severity levels as follows: Severity Level Severity 1 Response Time A Motorola SSC Technician will make contact with the customer technical representative within one hour of the request for support being logged in the issue management system. Continual effort will be maintained to restore the Back To Top Severity 2 system or provide a workaround resolution. Response provided 24 x 7. A Motorola SSC Technician will make contact with the customer technical representative within four hours of the request for support being logged at the issue management system. Response provided 8 x 5 on standard business days, which is normally Monday through Friday 8AM to 5PM, excluding US Holidays. Severity 3 A Motorola SSC Technician will make contact with the customer technical representative within the next business day of the request for support being logged at the issue management system. Response provided 8 x 5 on standard business days, which is normally Monday through Friday 8AM to 5PM, excluding US Holidays. Severity 4 A Motorola SSC Technician will make contact with the customer technical representative within the next business day of the request for support being logged at the issue management system. Response provided 8 x 5 on standard business days, which is normally Monday through Friday 8AM to 5PM, excluding US Holidays. Approved by Legal 11-20-09 Back To Top Item #3- Ordinance 15-02 ORDINANCE NO. 15-02 AN ORDINANCE AMENDING SECTION 2.0102 REGULATING THE PERMITTED LOCATIONS OF ALCOHOLIC BEVERAGE ESTABLISHMENTS WITHIN AND FOR THE CITY OF WATERTOWN BE IT ORDAINED by the City of Watertown that Section 2.0102 of the Revised Ordinances of the City of Watertown be amended as follows 2.0102: LOCATION No application for license to sell alcoholic beverage, either "on-sale," "off-sale," or malt beverage, shall be approved by the Mayor and City Council under either of the following conditions: 2. If the premises are within one hundred (100) yards measured by the regular and usual path of travel from any door or exit, of any church, school, Boy's or Girl's Club, or community sponsored recreation center, provided, however, that this restriction shall not apply where when any church, school, Boy’s or Girl’s Club or community sponsored recreation center is located in a C-1 Community Commercial or C-3 Highway Commercial District or the business authorized by such license has been continually so authorized at the same location from a time prior to the establishment of one of the organizations mentioned herein. (E-584-1) The above and foregoing Ordinance was moved for adoption by Alderperson _____________, seconded by Alderperson _____________, and upon voice vote motion carried, whereupon the Mayor declared the Ordinance duly passed and adopted. I certify that Ordinance 15-02 was published in the Watertown Public Opinion, the official newspaper of said City, on the ___ day of _________, 2015. I certify that Ordinance 15-02 was published in the Watertown Public Opinion, the official newspaper of said City, on the 25th day of January, 2015. Rochelle M. Ebbers, CPA First Reading: January 5, 2015 Second Reading: January 20, 2015 Published: January 24, 2015 Effective: February 13, 2015 City of Watertown Attest: _____________________________ Rochelle M. Ebbers, CPA Finance Officer __________________________ Steve Thorson Mayor Back To Top Item #4- Ordinance 15-03 ORDINANCE NO. 15-03 AN ORDINANCE AMENDING SECTION 11.0410 REGULATING PROHIBTED WASTES AT THE WATERTOWN REGIONAL LANDFILL BE IT ORDAINED by the City of Watertown that Section 11.0410 (3)(e) and Section 11.0410 (4)(g) of the Revised Ordinances of the City of Watertown be deleted as follows: 3. The city landfill shall not accept the following items: e. Petroleum contaminated soils with a concentration of over one hundred (100) parts per million of petroleum distillates or derivatives. (99-9) 4. The city landfill may accept the following special wastes for alternative disposal provided they are separated and handled according to federal, state and city rules and regulations. g. Petroleum contaminated soils with a concentration of over one hundred (100) parts per million of petroleum distillates or derivatives. (00-5) (Ord 08-05; Rev 05-30-08) The above and foregoing Ordinance was moved for adoption by Alderperson _____________, seconded by Alderperson _____________, and upon voice vote motion carried, whereupon the Mayor declared the Ordinance duly passed and adopted. I certify that Ordinance 15-03 was published in the Watertown Public Opinion, the official newspaper of said City, on the 7th day of February, 2015. Rochelle M. Ebbers, CPA First Reading: January 20, 2015 Second Reading: February 2, 2015 Published: February 7, 2015 Effective: February 27, 2015 City of Watertown Attest: _____________________________ Rochelle M. Ebbers, CPA Finance Officer __________________________ Steve Thorson Mayor Back To Top Item #5- Resolution 15-04 Resolution No. 15-04 A Resolution amending the Rate Schedule for Users of the Landfill, Refuse, Compost and Recycling System WHEREAS Chapter 11.04, Garbage and Rubbish, of the Revised Ordinances of the City of Watertown requires the City Council to set the rates to be charged for the use of the landfill by resolution; and WHEREAS this Council adopted Resolution No. Y-3129 on December 1, 1997, establishing new tipping fees for landfill service; and WHEREAS the rates established by Resolution No. Y-3129 are hereby found to be outdated and in need of adjustment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Watertown, South Dakota, as follows: Section 1. The City’s landfill rates shall hereafter be as follows: (a) The regular residential refuse, compost and recycling user charge for each household or living unit shall be $10.50 per month. (b) The landfill user charge shall be $37.50 per ton for all material delivered to the Sub-title D pit. Any untarped shall be charged the rate of $75.00 per ton for Subtitle D delivered material. Three dollars per ton of the Sub-title D user charge shall be allocated to the Landfill Land Acquisition Fund. (c) The landfill user charge shall be $22.00 per ton for material delivered to the compost area, white goods area or tree area. Any untarped load shall be charged the rate of $44.00 per ton for delivered non Sub-title D material. (d) Any delivered Sub-title D materials outside of the established landfill service area shall be subject to an additional charge of $9.50. (e) The landfill user charge shall be $18.00 per ton for all contaminated soil delivered to the Sub-title D Cell for disposal that is not a hazardous waste. Petroleum contaminated soil (contaminated by diesel fuel, fuel oil, kerosene, jet fuel or gasoline) shall be less than or equal to the Solid Waste permit limit for total petroleum hydrocarbons (TPH). Soil contaminated with pesticides, solvents, transformer oil, motor oil, lubricant, grease, tar or similar materials shall not release any free oil, liquid or solvent and shall not contain polychlorinated biphenyls (PCBs) at or above 50 ppb. Back To Top (f) Any asbestos load shall be charged the rate of $3.00 per pound with a minimum charge of $200.00. After 100 pounds, the fee shall be $0.20 per pound based on 10 pound increments. Untarped asbestos loads are not accepted. These rates shall be effective April 1, 2015. Section 2. Any resolutions previously adopted by the City Council that conflict with this resolution are hereby expressly repealed. Dated at Watertown, South Dakota, this 20th day of January 2015. The above and foregoing Resolution was moved for adoption by Alderperson _________, seconded by Alderperson _________, and upon the roll call motion carried, whereupon the Mayor declared the resolution to be duly passed and adopted. I hereby certify that Resolution 15-04 was published in the Watertown Public Opinion, the official newspaper of said City, on the 24th day of January, 2015. Rochelle M. Ebbers, CPA City of Watertown Attest: _________________________________ Steve Thorson Mayor _____________________________ Rochelle M. Ebbers, CPA Finance Officer 2 Back To Top Item #6- Fire Protection Services Agreements AGREEMENT FOR FIRE PROTECTION SERVICES THIS AGREEMENT, Made and Entered into, this 1st day of January, 2015, by and between the City of Watertown, a municipal corporation, hereinafter referred to as CITY, and Elmira Township, hereinafter referred to as ELMIRA, WHEREAS Municipal corporations and townships and villages are authorized by SDCL §§8-9-4; 34-31-4 to enter into contracts and agreements for the furnishing of fire protections by municipal corporations to townships and villages and, WHEREAS the Parties hereto desire to enter into an agreement for the mutual benefit of the parties for the furnishing of fire protection by CITY to ELMIRA, and WHEREAS CITY has projected the cost of providing rural fire protection to ELMIRA by CITY and said projection is attached hereto as Exhibit A and is incorporated by reference, NOW THEREFORE, IT IS HEREBY AGREED by and between the parties that CITY will furnish to ELMIRA, fire protection and pursuant thereto has purchased and will maintain a fire truck designed primarily to combat rural fires. It is further agreed that CITY will dispatch said truck with adequate staffing when the need should arise. It is further agreed by and between the parties that the said truck, which is now owned by the City of Watertown, will have the priority being dispatched to rural area fires. It is further agreed by and between the parties that any other equipment now owned by the City of Watertown, when dispatched to rural fires, will maintain as its priority fires within the corporate limits of the City of Watertown as the need arises . IT IS FURTHER AGREED BY AND BETWEEN the parties that the furnishing of the fire protection is estimated at the cost identified in Exhibit A and that ELMIRA agrees to pay CITY on or before the first day of June, 2015, as authorized by statute, the sums as hereinafter set forth : Elmira Township IT IS FURTHER AGREED BY AND BETWEEN the parties that the term of this contract shall be from January 1, 2015 to December 31, 2019, and that it may be renewed for one (1) additional five (5) year term under such terms and conditions as are mutually agreed to by the parties. Back To Top IN WITNESS WHEREOF, the Parties set their hands and seals to this Agreement for Fire Protection Services. Attest: City of Watertown: ___________________________ By:______________________________ Finance Officer Mayor Elmira Township By:_______________________________ Chairman Board of Supervisors Back To Top Back To Top Item #7- HR Green Agreement October 31, 2014 Mike Boerger, Superintendent Wastewater and Solid Waste 1300 11th Street SE Watertown, SD 57201 Re: Watertown WWTF Ultraviolet Disinfection Improvements Dear Mike: Enclosed is HR Green Inc.’s (HR Green) proposal for the design and bidding of the WWTF Ultraviolet Disinfection Improvements. We provided a letter on May 28, 2014, which provided a description of the project and a probable construction cost estimate for the project of $600,000, including engineering. HR Green appreciates the opportunity to propose on this project. This proposal contains the Project Understanding, Scope of Services, Project Schedule, and Effort and Fee. If you have any questions or comments regarding this proposal, please contact me at 605-221-2654 or [email protected]. Respectfully submitted, HR GREEN, INC. Dawn Horner, PE Principal/Project Manager Enclosure \\hrgsfdc\data\50150001\Proposal\Pro-100914-Watertown-WWTP-UV.docx Back To Top Project Understanding The City received a letter from Trojan in March 2014 stating that replacement parts will no longer be supported for the TrojanUV3000 disinfection system, and they will no longer support and service the existing system after March 31, 2015. Since this letter, the City has discussed this with the representative for Trojan, and there may be more time. However, it is good to plan for the replacement of this unit now, in case replacement parts are no longer available in the future. The existing Trojan UV Disinfection system has been in operation for over 16 years at the Wastewater Treatment Facility (WWTF), and the City has had minimal maintenance, so they will continue using a similar UV Disinfection system in the future. The City would like to plan for a new UV Disinfection system to be designed and constructed in 2015/2016, to replace the existing system and ensure that parts and service are available. Trojan provided a recommendation to replace the existing system with the TrojanUV3000Plus, and a proposal cost of $344,000. This cost included equipment, shipping, standard spare parts, and start-up. The 3000Plus system utilizes a low pressure-high output (LPHO) lamp technology, which will require fewer lamps than the original system. The system also uses the automatic mechanical and chemical cleaning system (ActiClean) that reduces maintenance during the disinfection season. The manufacturer noted that they can locate the new equipment within the existing channel with the following: Channel reduction of 16”. Lifting crane for demo and install. The optional automatic UVT analyzer. Existing weir can be reused if desired. The top of weir elevation relative to bottom of channel for the new system is 22.5”, and the current system is 24”. The existing weir would either need to be cut down by 1.5” or alternately the manufacturer could supply a new weir if this would be more cost effective than reworking? Assumes that the existing 208V, 3 phase, 4W, +G power supply can be reused for the new system. This will be verified during design. Trojan records show Watertown has four 20 KVA feeds, and the new system would require four 10 KVA. Also provide new disconnects, if required. The new system requires a total of five 208V, 3 phase, 4W, +G power feeds’ or alternately, can also use 480/277, 3 phase, 4W, +G feeds, whichever is easier. Records show that the current system has four 280V, 3 phase feeds to the systems, so one more feed rated at 2 KVA is required in order to power the wiper drive panel. The new control panel (PLC) should be able to be mounted where the existing panel with no major rework. Trojan records show the current channel length of approximately 29’ and based on this, placing the system into the current channel is not a concern. The new 3000Plus system does contain longer banks, so the current grating may require reworking or replacing. The manufacturer’s information and HR Green’s past experience were used to develop the previously provided cost estimate. 2 Back To Top Scope of Services HR Green offers the following specific task-based Scope of Services for the project. PHASE 1 – PRELIMINARY AND GENERAL WORK 1. Project Management. Provide on-going project management for the duration of the project. a. Set up lines of communication, project schedule, applicable codes and standards, as well as quality control plan. Include project team in emails as needed to gather data. b. Provide monthly project summary for the project including budget update. c. Provide monthly invoicing for the project. 2. Project Kickoff. Conduct a project kickoff meeting with the City to further clarify the specific project elements and objectives and go over Owner requirements. Set the detailed project schedule with critical dates, milestones, and deliverables. Identify Owner operational issues for design. 3. Project Progress Meetings. Conduct status review correspondence and/or meetings with the City to present a summary of the work completed on each task, estimated completion of tasks, discussion of project issues, and a summary of the project schedule and budget. a. Develop a detailed agenda defining data gathered and design assumptions. b. Confirm decisions that will be used to move efficiently into final design with comments from the project team. c. Provide meeting minutes to document decisions made and items discussed. Distribute to the entire project team. d. Manage an action item/deliverables list for items that are to be done by both the City and Consultant. e. Assume two (2) progress meetings at 50% and 90% design with structural and electrical joining via conference call. 4. Data Collection. Review the existing plans, submittals from existing system, and operation and maintenance manuals. 5. South Dakota Department of Environment and Natural Resources (SD DENR) Coordination. Provide coordination with the SD DENR to review the final plans and specifications. 6. Prepare Cost Opinion. Use the preliminary opinion of probable construction costs developed in May 2014. Develop a final opinion of probable construction cost for the work based on the final scope, schedule, and anticipated jobsite conditions. Identify and track significant cost changes as cost trends. Develop a summary of cost trends for the project through all design phases and communicate trends with the City. 7. QC Review. Prior to the 90% plan submittal, conduct an internal quality control (QC) review of the preliminary design and incorporate the recommendations from that review as needed. The QC review will include a review within each discipline as well as a review of the project across discipline lines. The review will focus on issues of readability, consistency, presentation, organization, completeness, clarity, coordination, constructability, and cost effectiveness of the deliverables. PHASE 2 – FINAL DESIGN 1. Hydraulic Evaluation. Evaluate existing hydraulics and changes to hydraulics with the new UV equipment. Determine weir elevation and revisions required to weir. 3 Back To Top 2. UV Dosage. Review City projected flow data and evaluate ultraviolet dosage including transmissivity, contact time, and arrangement within existing channel. Review redundancy requirements. 3. Manufacturer Evaluation. Review the leading manufactures and compare to Trojan and specify units that will meet the replacement requirements within the existing channel. 4. General Design (2 plans). a. Develop cover sheet with location maps and sheet index. b. Develop overall site plans. 5. Demolition (1 plan). Review existing UV equipment and prepare demolition plan and section. Review existing walkways for access. 6. Bypass (include with demo plan). Review construction sequencing and requirements for bypass. Construction will likely occur during the period when disinfection is not required. 7. UV Equipment Layout (2 plans). Review locations of existing valves for isolation of equipment. Develop plans and sections of new equipment. 8. Structural (1 plan). Review requirements for new UV channel and prepare drawings and details to revise existing channel to match new equipment. Prepare plans for replacing grating above equipment. 9. Electrical ( 1 plan). Review existing electrical service and power required for new UV unit. Review layout of existing electrical equipment and provide layout for new equipment. Provide electrical power plan. 10. Controls (include with electrical plan). Review existing UV controls and develop new UV controls scenario. 11. Specifications. a. Prepare front-end documents for bidding. b. Develop list of bid items. c. Prepare equipment specification. PHASE 3 – BIDDING SERVICES 1. Produce Plans and Specifications. Produce electronic plans and specifications to send out on disc for bidding. Print the required number of plans, specifications, and contract documents for distribution to bidders if requested instead of electronic. It is anticipated that five (5) sets of printed documents will be required. Maintain the list of plan holders. 2. Advertise for Bids. Assist the City in advertising for bids by sending out a Notice of Project to potential Contractors. Provide notice to be published as required. 3. Prebid Meeting. No Prebid Meeting will be held, but Contractors can contact the City and get a tour, if desired. 4. Issue Addenda. Communicate with potential bidders and suppliers. Issue Addenda as appropriate to interpret, clarify, or expand bidding documents. 5. Attend Bid Opening/Review/Award. Attend the bid opening and assist the City in evaluating bids. Consult with and advise the City as to the acceptability of Contractor, suppliers, and other persons and organizations proposed by the Contractor. Provide a written recommendation to the City for awarding the contract. 4 Back To Top ITEMS PROVIDED BY THE CITY City staff shall provide the following items: 1. Pertinent available drawings, reports, data, maps, benchmarks, and utility information. 2. Prompt review of drawings and information submitted by the Engineer. 3. Responses to City action items. 4. Confirmation that existing channel is structurally sound. Project Schedule The preliminary project schedule will be coordinated with the City, but the following assumes that disinfection is not required from November 1st to March 31st. Task Schedule Project Kickoff ....................................................................................... January 2015 50% Design .............................................................................................. March 2015 90% Design ................................................................................................. April 2015 Bid ............................................................................................. Late 2015/Early 2016 Construction ...................... January to March 2016 or November 2016 to March 2017 Effort and Fee HR Green developed the task list required for the design and bidding services based on the Scope of Services, past projects, previous experience, and the construction schedule shown herein. The estimated amount of effort per task was designated for the appropriate staff members. A detailed spreadsheet is attached for review. The engineering effort time and materials is estimated at 291 hours or not to exceed $41,000. The other direct costs (ODC) are also shown which include mileage and the technology and communication fee. 5 Back To Top TOTAL HOURS COST PER HOUR/UNIT (CHARGE-OUT RATE) DESCRIPTION OF TASK Design Project Management Project Management (3 months) Kickoff/Project Progress Meetings (50%/90%) Data Collection DENR Permit Quality Control Review (90%) Opinion of Probable Cost Final Design Hydraulic Evaluation UV Dosage Manufacturer Evaluation General Sheets Demolition UV Equipment Layout Bypass Structural Electrical/Controls Specifications Bidding Services Produce Plans and Specs Advertise for Bids Questions During Bidding/Addenda Attend Bid/Prepare letter of recommendation 291 Labor Task Total $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 32 179 ODC Task Total $ 766 $ 3,928 $ 1,912 $ 195 $ 896 $ 593 $ Subtotal $ 711 $ 890 $ 890 $ 1,405 $ 3,057 $ 6,264 $ 702 $ 5,326 $ 4,868 $ 2,857 $ Subtotal $ 927 $ 374 $ 1,009 $ 1,030 $ Subtotal Design Total 36 697 90 12 30 24 36 42 42 72 144 318 36 216 204 126 60 18 42 154 Task Total $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 802 4,625 2,002 207 926 617 9,179 747 932 932 1,477 3,201 6,582 738 5,542 5,072 2,983 28,207 987 392 1,051 1,184 3,614 41,000 27 183 85 118 27 173 96 116 8 98 16 76 Structural Neumann PROJECT ENG Pajl ELEC ENGR Dilts ENG TECH I White SR FIELD TECH Peters ADM ASST 12 1 12 1 1 2 2 2 SR PROJ MGR Horner 3 3 8 1 1 5 1 2 1 6 1 6 1 6 4 2 1 8 8 2 16 1 16 1 4 36 2 4 1 18 2 16 8 4 2 1 1 4 4 2 16 4 2 1 1 12 6 1 1 1 6 Back To Top Similar Project Experience Water Pollution Control Facility Plan | City of Ottumwa, IA HR Green completed a Facility Plan for the Ottumwa Water Pollution Control Facility (WPCF). The plan was warranted by a City plan to eliminate combined sewer overflows, and by an announced industrial expansion in Ottumwa. To begin the planning process, a workshop was conducted with City staff to outline the elements of the project. This workshop identified nine crucial tasks, ranging from an evaluation of the existing facilities to a long-range list of improvements for the City’s Capital Improvements Plan (CIP). The Facility Plan was approved by the Iowa Department of Natural Resources (IDNR), and several of the individual projects recommended are now in progress. One of the projects emerging from the Facility Plan involved disinfection improvements at the WPCF. IDNR regulations and stream reclassification created the need for disinfection. As evaluated in the Facility Plan, ultraviolet (UV) disinfection will be used. Design will include incorporating the UV system into an existing chlorine contact tank. The project will be designed for both vertical and horizontal bulb arrangements. Flow measurement and level control will also be needed. The Ottumwa Facility Plan was organized into tiered improvements projects. The highest priority projects relating to safety and compliance issues were completed first. This tiered approach best fit the funding available to the City. One of the highest priority projects recently completed was the Headworks Building improvements. The Headworks Building improvements included the addition of a second mechanical bar screen, replacement of the grit removal system and replacement of the HVAC system for the building. The project was completed within budget. Additionally, HR Green recently provided design and construction phase services for a new Biosolids Storage Facility at the Ottumwa plant. Marengo Wastewater Treatment Plant Upgrade | City of Marengo HR Green was asked by the City of Marengo to assist with a problem encountered during the construction of an upgrade to their WWTP. The General Contractor performing the work designed by another consultant for the City encountered unexpected soil conditions when excavating for the proposed secondary clarifier. The unexpected soil conditions were the result of excavating into the closed City Landfill that is located adjacent to the WWTP. HR Green mapped the extents of the landfill for the City and showed that the most of the proposed structures were within the limits of the landfill material. 7 Back To Top The City then hired HR Green to evaluate alternative solutions for their WWTP upgrade and expansion needs that did not involve excavating through the landfill material. Numerous technologies were considered during the evaluation process, and with input from the City Staff, a recommended solution was generated. The results of this evaluation led to a revised approach and final design for the WWTP that includes utilizing the sequencing batch reactor (SBR) technology followed by disk filters instead of the oxidation ditch and secondary clarifiers that were originally planned. The revised approach results in a much lower capital cost (estimated $3,000,000 savings) for the City to achieve an even higher quality effluent. UV system design/upgrade was completed as part of the overall project. Wood Dale WWTP Facility Plan and Design | City of Wood Dale, IL The City of Wood Dale needed to evaluate the best way to increase the capacity of their two WWTPs to process current flows and projected increased flows created by development along the Thorndale Avenue / Elgin – O’Hare corridor. The City retained HR Green to complete an evaluation of expanding capacity on-site at the two WWTP locations. In addition to the increased capacity, any proposed WWTP expansions would also have to meet more restrictive discharge limits to comply with the TMDL limits in Salt Creek, the receiving stream. The evaluation included estimating the existing and proposed projected flows to each WWTP, evaluating the current conditions and capacities of both WWTPs, evaluating the impacts of the more restrictive future effluent limits, and preparing conceptual designs for modifications to the WWTPs to meet the future flows and discharge limits. The results of this evaluation concluded that the existing South WWTP needed only regular maintenance upgrades, and de-rated from 1.13 MGD to 0.96 MGD to accommodate the current and future estimated flows. The recommendations for the North WWTP included conceptual designs for a capacity expansion from 1.97 MGD to 3.47 MGD. For the final design of the improvements at the North Plant, HR Green evaluated different blower alternatives for both the activated sludge aeration tanks and the aerobic digesters to come up with the most efficient system for the City. The aeration tanks at the plant include the four existing tanks, and one new tank that will be added this year. The City is installing a single HSI turbo blower this year that will supply air to the existing aeration tanks and existing digesters, and utilize their old multi-stage centrifugal blowers for the balance of the air needs. During our efficiency and performance evaluation for the future air needs, we looked at multi-stage centrifugal blowers, turbo blowers and rotary lobe blowers for the different air needs. Our final design includes three turbo blowers for the aeration tanks, and three rotary lobe blowers for the aerobic digesters. Using multiple smaller blowers, the system will more closely match the actual air needed while still providing the amount of air required by the IEPA. The turbo blowers were determined to be the most efficient for the operating conditions in the aeration tanks, and the rotary lobe blowers achieved efficiencies almost as good as the turbo blowers while meeting the 8 Back To Top variable flow and head conditions present in the digesters. The turn down capabilities of the turbo blowers limited their ability to meet the variable conditions present in the digester operations. All of the blowers will have variable frequency drives (VFDs) that will be controlled based on the desired dissolved oxygen (DO) levels in the aeration tanks and digesters. Controlling the VFDs to attain the desired DO levels will improve overall efficiency and reduce the operating costs at the plant. HR Green is currently under contract to provide construction services for the Wood Dale North Wastewater Treatment Plant Upgrades. The major components of this project consist of a new raw sewage pump station, preliminary treatment building, excess flow facility, aeration basin improvements, secondary clarifier, UV system design/upgrade, secondary treatment control building, site work, and other ancillary equipment necessary to complete the work. The project will be constructed in 2 phases and is scheduled to be completed in June 2015 at a cost of approximately $23 million dollars. Wastewater System Improvements – Lagoon Upgrade | City of Walker, Iowa The City of Walker had a 2-cell controlled discharge lagoon to treat the community’s wastewater. The existing lagoon system was permitted to discharge every 180 days during the spring and fall based on receiving stream flow. Due to excessive wastewater flow, the existing controlled discharge lagoon system needs to discharge more frequently than every 180 days. The excessive flow was expected to be due to infiltration and/or inflow. HR Green completed a Wastewater Facility Plan in 2009 to evaluate potential options for the City including: 1) expanding their existing controlled discharge lagoon system, 2) converting the existing lagoons into a continuous discharge aerated lagoon system, and 3) constructing a new mechanical treatment plant. Converting the existing lagoons to a continuous discharge aerated lagoon system was the recommended alternative. HR Green worked with the City of Walker to apply for various grants and other funding sources. The City was awarded a $585,000 IJOBS grant for the project. Construction of the plant upgrade began in April 2012 and was completed in November 2012. The new wastewater system consists of a new raw sewage lift station, conversion of the controlled discharge lagoons into an aerated continuous discharge lagoon, a settling cell, a SAGR system, and a UV disinfection system. The system began operations in October 2012 and has been consistently meeting the new ammonia and bacteria limits set in the NPDES permit. 9 Back To Top Wastewater Treatment Facility Improvements | City of Rock Valley, IA The City of Rock Valley is a thriving community in northwestern Iowa. Due to population increases and anticipated changes in the City’s discharge permit, the City needed to upgrade its wastewater treatment facilities. HR Green completed a Facility Plan to evaluate the existing facility and recommend improvements. The City’s existing treatment facility consists of an influent lift station with comminutor, two-cell aerated lagoon, and one quiescent settling pond. The facility discharges through a river diffuser to the Rock River. This facility had a maximum capacity of 1.0 mgd, and was not capable of meeting new regulations. The improvements designed by HR Green included: new preliminary treatment facility, consisting of expanded influent pumping capability, grit removal and fine screening; Integrated Surge Anoxic Mix (ISAM) Process Sequencing Batch Reactor (SBR) secondary treatment, thus eliminating the need for separate solids treatment and storage; ultraviolet light (UV) disinfection. The improvements will increase the plant's capacity to 2.0 mgd. At the time of this writing, HR Green has completed design for the new facility and the City of Rock Valley is preparing funding to complete the project. Wastewater Plant Improvements | Corning, Iowa The Corning Wastewater Treatment Plant is owned and operated by the City of Corning, Iowa. The wastewater treatment plant site is located southwest of the City along the East Nodaway River. The original treatment plant was constructed in the 1930s and later expanded in 1971. The plant was originally designed as a high-rate trickling filter with extended aeration. The treatment process consisted of raw wastewater pumping station, aerated grit chamber, primary clarifier, high-rate trickling filter with effluent pump station, two oxidation ditches, final clarifier, and stand-by final clarifier. Sludge handling facilities consisted of a small holding tank for sludge thickening, decanting and chemical stabilization. A number of deficiencies motivated the City of Corning to seek the assistance of HR Green for evaluation of this facility. The existing aerated grit chamber and trickling filter were no longer operating. The oxidation ditches had major structural problems. Much of the piping and structures originally constructed in the 1930s were still in service. Most of the existing treatment process was hydraulically below the 100-yr flood elevation. Generally the entire treatment plant had reached its useful life and was in need of replacement. 10 Back To Top The City of Corning retained HR Green to develop a Preliminary Engineering Report and again to provide Final Design Services. During this Final Design phase HR Green evaluated several treatment option, including a fixed film rotating biological contactor (RBC) option, and two package type treatment concepts: ISAM-SBR processes by Fluidyne; Aero-Mod treatment process. The Aero-Mod process was selected and installed at Corning. Other improvements included: equalization basin, excess flow pumping station, influent screening building, control building, and UV disinfection system. Fairmont Wastewater Treatment Facility | Fairmont, MN HR Green was retained by the City of Fairmont, Minnesota to complete a Facility Plan, final design, and construction phase services for the Fairmont Wastewater Treatment Plant (WWTP). The Facility Plan report included a thorough evaluation of existing treatment processes and structures as well as recommended improvements to meet future conditions. The existing site footprint limited the size and orientation of new structures and required that existing facilities be incorporated into the plan where possible. Specific concerns facing the 2.35 mgd plant included the following: • More stringent effluent limits with the reissued NPDES permit including phosphorus and ammonia nitrogen limits. • Industrial flow and load increases and their impact on WWTP operations. • Evaluation of disinfection alternatives, which would eliminate the need for chlorine gas and corresponding safety requirements. • New solids treatment processes to replace the existing aerobic digester and sludge drying beds. Recommendations included a Class A biosolids dryer to make the WWTP less dependent on land application issues. • Wastewater user charge evaluation to determine the rate increase necessary to pay for the necessary improvements. Preliminary and Primary Treatment - The historical peak flow events were analyzed as part of the Facility Plan. The preliminary and primary treatment processes were sized for the peak hourly flow of 11.5 mgd with secondary process handling the maximum day flow of 7.57 mgd. Wet weather flows in excess of the maximum day were diverted around the secondary process and through disinfection prior to discharge. A new Headworks Building was designed with mechanical fine screening, flow measurement and two 7.0 mgd induced vortex grit chambers. Each grit chamber included grit pumps to move the grit to a cyclone and inclined screw for grit separation and further dewatering. Two new primary clarifiers were designed to improve primary treatment. The clarifiers provide greater removal of suspended solids and reduce nutrient loading to the secondary process. 11 Back To Top Secondary Treatment - The aeration basin improvements include converting the existing aerobic digester into an additional aeration basin, upgrading the exiting aeration basins with a fine-bubble membrane diffuser aeration system, new blowers, and the existing aeration basins were modified with baffles to separate them into anaerobic and anoxic zones for biological nutrient removal. The improvements provide increased solids retention time and improved oxygen delivery in order to achieve ammonia removal. Two additional secondary clarifiers were recommended along with continued use of the two existing secondary clarifiers. Disinfection alternatives considered the use of liquid chemicals for chlorination and dechlorination as well as ultraviolet (UV) disinfection. One concern was the anticipated higher oil and grease levels from industrial sources and its effect on the UV process. Samples of a similar wastewater source were analyzed for UV transmissivity during schematic design phase. The results were found to be above 70%. Based on the favorable transmissivity results and operator preference to eliminate the use of chemicals, UV disinfection was incorporated into the final design. Biosolids - The new sludge quantities were developed based on a higher solids production due to chemical phosphorus removal. The solids processing evaluation focused on alternatives that relied upon land application for final disposal of Class B sludge. Waste activated sludge (WAS) is gravity thickened and pumped to a new rotary drum thickener for additional thickening. Primary sludge is blended with thickened WAS (6 percent solids) and pumped to two primary anaerobic digesters. The digesters are heated and mixed with external draft tube mixers/heat exchangers. The resulting stabilized biosolids flows to a secondary sludge storage tank and stored for dewatering. Digester gas is collected from the floating cover sludge storage tank and used to fuel one of the two 375,000 Btu boilers. Stabilized sludge is dewatered to approximately 24 percent solids with a single one-meter highsolids belt filter press. The dewatered biosolids is conveyed by a belt conveyor either to a covered cake storage area or for further processing by a sludge dryer. The heat drying process produces a Class Abiosolids product. Class A biosolids has the advantage of fewer monitoring requirements and more disposal options. Rate Study - The Facility Plan included an evaluation of the City’s wastewater rates. The expected cost of improvements, administrative costs and anticipated operation and maintenance (O&M) costs for both the WWTP and collection system were evaluated. A 25 percent rate increase was recommended starting in 2003. The improvements project will be funded with a low interest loan from the State Revolving Fund (SRF). HRGreen provided assistance to the City in applying for and working with regulatory officials to comply with the requirements for this loan. Wastewater Engineering Services | Iowa Great Lakes Sanitary District, IA The Iowa Great Lakes Sanitary District (IGLSD) based in Milford, Iowa collects and treats wastewater from seven surrounding communities around the lakes area. HR Green has served the IGLSD for wastewater engineering services since 1949. The District’s wastewater infrastructure includes service of approximately 12,000 acres, over 63 miles of gravity sewers, 64 lift stations, over 32 miles of force main, and a new wastewater treatment plant in Milford. The District is committed to the outstanding water quality of the Iowa Great Lakes and Millford Creek. 12 Back To Top The District has a variety of lift stations in the collection system ranging from 5.0 million gallons per day (mgd) to a few hundred gallons per day capacity. HR Green has recently completed the 2011 Lift Station Renovations project that replaced pumps, valves, piping and electrical equipment in fourteen lift stations in the northeast part of the collection system. This lift station improvements project also included the addition of 14 emergency engine generators at lift stations and electrical modifications to connect mobile engine generators at 45 additional lift station locations. Iowa Great Lakes Sanitary District completed construction of a new Wastewater Treatment Plant in fall of 2009. HR Green led the wastewater treatment plant replacement project from Siting Study, Facility Plan, Final Design, Construction Phase Services and Start-up. Several issues with the existing plant provided added direction to our HR Green/IGLSD team in the planning of the new plant: The existing treatment plant was failing and needed major repairs Residential development was moving closer to the plant so siting the plant away from the road was desired Stringent nutrient limits for nitrogen and phosphorus High seasonal flows requiring equalization The new Wastewater Treatment Plant is a conventional activated sludge plant capable of treating flows up to 7.2 mgd. At high flows the flow is diverted to equalization for future treatment. The treatment plant includes screening, grit removal, primary clarifiers, fine bubble aeration system, secondary clarifiers and UV disinfection. Solids are thickened and anaerobically digested and stored for land application in the fall. The treatment plant was designed with more stringent nutrient removal in mind. The final construction cost for the treatment plant was $14.6 M. The construction was completed with less than 1% change orders. The District’s long-range plan is to continue to maintain, upgrade, improve, and expand the wastewater collection and treatment system so that the Lakes area can continue to grow, public health is protected, and the outstanding water quality of the Iowa Great Lakes and Millford Creek is preserved. Wastewater Treatment Plant Improvements | Villisca, Iowa The Iowa DNR issued an Administrative Order to the City of Villisca for violations of its NPDES permit. These violations resulted from excessive concentrations of ammonia (NH3-N) in the City’s WWTF effluent. The City retained the services of HR Green to guide the City back to compliance in the most cost-effective way possible. HR Green carefully examined 13 Back To Top several treatment options to determine the most cost-effective. This analysis demonstrated that a covered-lagoon biological treatment system, in combination with a polishing reactor, would save the City of Villisca more than $250,000 in construction costs, compared to the next least expensive option. These savings easily exceeded the engineering design fees on the project, demonstrating that quality engineering often pays for itself. The combination of a covered lagoon and polishing reactor had been widely proven throughout the United States, no such facility had ever been constructed in the state of Iowa. Previously, Villisca’s WWTF had consisted of a mechanical treatment plant, followed by an aerated lagoon for ammonia reduction. However, cold temperatures often hampered the effectiveness of the lagoon, leading to the City’s ammonia violations. With the improvements selected by HR Green, the lagoon system alone became capable of meeting all the City’s treatment needs, thus rendering the old mechanical plant unnecessary. The mechanical plant has been taken off-line, and will be disassembled. This will substantially reduce long-term operations and maintenance worries for the City of Villisca. HR Green also redesigned the facility’s disinfection process to include ultraviolet light (UV) disinfection. UV Disinfection Study and Water Plants Disinfection System Improvements | Cedar Rapids Water Division - Cedar Rapids, Iowa The City of Cedar Rapids, Iowa Water Division (CRWD) has two lime softening water treatment plants that treat water from alluvial wells located along the Cedar River. The Northwest Water Plant has a capacity of 20 mgd and was constructed in the 1990s while the J Avenue Water Plant has a capacity of 42 mgd and dates to the 1920s. CRWD hired HR Green in association with CH2M Hill and Dr. James Malley from the University of New Hampshire to study UV disinfection and other disinfection alternatives for both water plants. This collaborative team designed and installed demonstration-scale UV disinfection and monitored water in the distribution system for one year to determine the effect of UV disinfection on the water quality, then evaluated full-scale UV disinfection versus other alternatives. The study began in the summer of 2002 and was completed in 2004. In April of 2006, CRWD hired HR Green and CH2M Hill for preliminary and final design, bidding, and construction phase services to implement full-scale UV disinfection at both water treatment plants. The design was a collaborative team effort among consultant staff and CRWD management, engineering, operations, and maintenance staff. The final project design included a new UV disinfection building at the Northwest Water Treatment Plant; and a new UV disinfection building, a new 2.0 million gallon chloramine contact basin, 1.0 million gallon ground storage reservoir, pump station with 56 mgd capacity of low-lift pumps and 56 mgd capacity of high-service pumps, stormwater detention/pumping, 2,000 KW emergency electrical generator, medium voltage electrical distribution system, and extensive yard piping and site work at the J Avenue Water Treatment Plant. Architecture of the new building facilities at J Avenue was designed to aesthetically blend with the existing historic facilities’ architecture. 14 Back To Top Item #8- Houston Engineering Agreement Back To Top Attachment A ESTIMATED BUDGET CITY OF WATERTOWN, SD WATERTOWN REGIONAL LANDFILL Cell 6 Design Completion & Site Stormwater Analysis Rates ==> $176 $160 $127 Date Prepared: April 16, 2014 $116 $84 $14,622 $0 $14,622 Total Estimated Labor Date Revised: October 14, 2014 Total Estimated Expenses Prepared by: D. McAlpine Total Estimated Budget Checked by: B. Schultz Total Senior Project Manager Project Manager Senior Designer Design Engineer Graduate Scientist I BLS DDM JN AD/GM KL Cell 6 Design Completion & Site Stormwater Analysis 2 31 22 34 Task 2 - Permit Application Preparation Phase 2 31 22 2 31 8 10 1 10 2 TASK DESCRIPTION Engineering Design, Plans & Calculations Update & revise Cell 6 Draft Plans suitable for construction Generate project specifications Generate Engineer's cost estimate Onsite Stormwater Analysis Generate Drainage Report for inclusion in 2017 permit renewal application Quality Assurance Review Other Related Services requested by Client (15%) Assumptions: Topographic survey provided by others. HEI can provide this service for additional cost No trips are included in this estimate. Correspondance & coordination will take place via conference call/email. Deliverables (Plans, specifications & drainage report) will be transmitted via email 2 Hours Dollars 8 97 $12,722 34 8 97 $14,622 22 18 34 8 4 4 30 97 26 10 9 40 10 2 $12,722 $3,566 $1,600 $1,132 $5,080 $992 $352 $1,900 8 $14,622 Back To Top Attachment A1 Cell 6 Design Completion & Site Stormwater Analysis HEI completed a draft version of the construction plans and specifications for cell 6 concurrent with the cell 5 design process. As previously communicated, it is our opinion that the perimeter stormwater controls at the base of the landfill and for the entire facility, are not sufficient to route stormwater at the site once a final cover is constructed. Prior to completing the cell 6 plans and specifications, we recommend that a detailed stormwater analysis be conducted for the entire facility. It is our understanding that the most recent stormwater modeling analysis for the facility was conducted in 1994. We are anticipating that some facility and/or structure will be placed in Cell 6 to facilitate future stormwater routing. The placement of a stormwater feature in cell 6 will require shifting the waste limits for the cell from the current master plan indicated limits. The resulting shift will reduce the operational airspace for waste filling operations in cell 6. The volume lost as result of the shift will be accounted for in future cell 9. Given that cell 6 is a corner cell and that operations do not currently focus on filling waste above grade, the available operational airspace is limited. Waste fill operations will be compounded by an access issue. As a result, cell construction will create a large grade difference between the eventual waste fill in cell 5 and the perimeter berm road grade of cell 6. This difference will necessitate the construction of an access road. With these considerations, we recommend that the City initiate the design update for cell 6 during 2015 with construction following in the spring/summer of 2016. This will enable the City to operate in Cell 5 and Cell 6 concurrently resulting in a more efficient sequence of operation. A summary of the individual tasks associated with the Cell 6 Design Completion & Site Stormwater Analysis is provided below: 1. Update cell 6 plans and specifications to incorporate changes as result of detailed stormwater analysis including placement of a stormwater facility and/or structure. 2. Conduct detailed stormwater analysis via the use of Hydro CAD and provide a drainage report to satisfy the permit renewal criteria. Back To Top 2015 FEE SCHEDULE The following is a schedule of hourly rates and charges for engineering and surveying services offered by Houston Engineering, Inc. Senior Project Manager Project Manager Project Engineer Professional Engineer Design Engineer Graduate Engineer 176.00 per hour 160.00 per hour 146.00 per hour 131.00 per hour 116.00 per hour 105.00 per hour Legislative/Grant Specialist Expert Witness 149.00 per hour 193.00 per hour Senior Environmental Project Manager Senior Environmental Scientist Environmental Scientist Scientist Graduate Scientist Graduate Scientist I 176.00 per hour 154.00 per hour 132.00 per hour 116.00 per hour 105.00 per hour 84.00 per hour Senior Designer Designer 127.00 per hour 110.00 per hour Senior Land Surveyor Project Manager Senior Land Surveyor Land Surveyor Graduate Land Surveyor 155.00 per hour 143.00 per hour 121.00 per hour 105.00 per hour Senior Construction Engineer Construction Engineer Graduate Construction Engineer 143.00 per hour 121.00 per hour 104.00 per hour Senior Technician Technician Graduate Technician Technician Intern 105.00 per hour 93.00 per hour 82.00 per hour 71.00 per hour Senior GIS Project Manager GIS Project Manager GIS Developer GIS Specialist GIS Technician/Developer II GIS Technician I 154.00 per hour 132.00 per hour 121.00 per hour 105.00 per hour 91.00 per hour 78.00 per hour 1 Back To Top Surveyors: One-person crew (plus equipment) Two-person crew (plus equipment) Three-person crew (plus equipment) Four-person crew (plus equipment) 127.00 per hour 154.00 per hour 193.00 per hour 215.00 per hour CAD Manager CAD Supervisor Senior CAD Operator CAD Operator 105.00 per hour 93.00 per hour 82.00 per hour 71.00 per hour Computer Technician 127.00 per hour Senior Administrative Assistant Administrative Assistant 71.00 per hour 66.00 per hour Chargeable Expenses Subsistence Actual Cost Travel Vehicles - 2-wheel drive IRS Standard Mileage Rate 4-wheel drive IRS Standard Mileage Rate + $0.20 per mile GPS Equipment $25.00 per hour per unit Robotic Total Station $20.00 per hour S6 Robotic Total Station $40.00 per hour All Terrain Vehicle / Snowmobile / Boat $15.00 per hour Long distance telephone, facsimile, overnight mail and postage Actual Cost Cost of surveying materials, printing, special equipment, and other materials required for the job Actual Cost Sub-Consultants Actual Cost + 10% 2 2015 Fee Schedule Back To Top General Terms and Conditions GENERAL These general terms and conditions (“Terms”) together with the attached Client/Owner Services Agreement between Houston Engineering, Inc. (“ENGINEER”) and OWNER attached hereto (“Agreement”) shall exclusively govern the relationship between ENGINEER and OWNER with respect to the transaction described in the Agreement. No addition, modification, or amendment to these Terms or the Agreement will be binding on ENGINEER unless agreed to in writing and signed by an authorized representative of ENGINEER. (These Terms and the Agreement are hereinafter collectively referred to as the “Agreement”). 1. STANDARD OF CARE ENGINEER will perform its services in accordance with the terms of this Agreement. The standard of care applicable to ENGINEER’S services will be the degree of care, skill and diligence normally employed by others performing the same or similar services under similar circumstances at the same time and in the same locality. All estimates, recommendations, opinions and decisions of ENGINEER will be made upon the basis of information provided to or made available to ENGINEER based upon ENGINEER’S experience, technical qualifications and professional judgment. 2. WARRANTY Except as specifically set forth in this Agreement, Engineer has not made and does not make any warranties or representations whatsoever, express or implied, as to services to be performed or materials to be provided including, without limitation, any warranty or representation as to: (i) the merchantability or fitness or suitability of the services or products for a particular use or purpose whether or not disclosed to Engineer; and (ii) delivery of the services and products free of the rightful claim of any person by way of infringement (including, but not limited to, patent or copyright infringement) or the like. Engineer does not warrant and will not be liable for any design, material or construction criteria furnished or specified by owner and incorporated into the services and products provided hereunder. 3. PAYMENT TERMS Invoices will be submitted periodically (customarily on a monthly basis) and are due and payable upon receipt. OWNER agrees to pay a service charge on all accounts 30 days or most past due at a rate equal to one percent (1%) each month but in no event shall such service charge exceed the maximum amount allowed by law. Acceptance of any payment from OWNER without accrued service charges shall not be deemed to be a waiver of such service charges by ENGINEER. In the event OWNER is past due with respect to any invoice ENGINEER may, after giving five (5) days written notice to OWNER, suspend all services without liability until OWNER has paid in full all amounts owing ENGINEER on account of services rendered and expenses incurred, including service charges on past due invoices. Payment of invoices is not subject to discount or offset by OWNER. 4. CHANGES OR DELAYS The fee set forth in this Agreement constitute ENGINEER’S estimate to perform the services required to complete the Project as ENGINEER understands it to be defined. If the Project requires conceptual or process development services, such services often are not fully definable in the initial planning. If, as the Project progresses, facts develop that in ENGINEER’S judgment dictate a change in the services to be performed, which may alter the Scope of Services, ENGINEER will inform OWNER so that negotiation of change in scope and adjustment to the time of performance and compensation can be accomplished. If such change results in an increase or decrease in the cost of or time required for performance of the services an equitable adjustment shall be made and the Agreement modified accordingly. 5. PAYMENT Where the method of payment under the Agreement is based upon cost reimbursement (e.g., hourly rate, time and materials, direct personnel expense or per diem) the provisions of subparagraph a. shall apply in addition to the provisions of subparagraphs b. through d. 6. a. The minimum time segment for charging fieldwork is one (1) hour. The minimum time segment for charging work done at any of ENGINEER’S offices is one-quarter hour. b. Direct costs, excluding travel and subsistence, are payable at actual documented cost plus 10% for administration. These direct costs include, but are not limited to, shipping, communication, printing and reproduction, computer services, supplies and equipment, and equipment items rented from commercial sources. Travel and subsistence expenses of personnel when on business connected with the Project are reimbursable at cost. c. When applicable, rental charges will be applied to cover the cost of pilot-scale facilities or equipment, apparatus, instrumentation, or other technical machinery. When such charges are applicable, OWNER will be advised at the start of an assignment, task, or phase. d. Invoices based upon cost reimbursement will be submitted showing labor (hours worked) and total expense. If requested by OWNER, supporting documentation will be supplied at the cost of providing such documentation, including labor and copying costs. TERMINATION Either party may terminate this Agreement, in whole or in part, by giving fourteen (14) days’ written notice, if the other party fails to fulfill its obligations under this Agreement through no fault of the terminating party. Where method of payment is “lump sum,” the final invoice will include all services and expenses associated with the Project up to the effective date of termination. Where method of payment is based upon cost reimbursement, the final invoice will include all services and expenses associated with the Project up to the effective date of termination. An equitable adjustment shall be made to provide for termination settlement costs ENGINEER incurs relating to commitments that had become firm before termination and for a reasonable profit for services performed. September, 2009 2 Back To Top General Terms and Conditions 7. LIMITATION OF LIABILITY In no event shall ENGINEER be liable for incidental, indirect or consequential damages of any kind. ENGINEER’S maximum cumulative liability with respect to all claims and liabilities under this Agreement, whether or not insured, shall not exceed the greater of $50,000 or the total compensation received by ENGINEER under this Agreement. The disclaimers and limitations of liability set forth herein shall apply regardless of any other contrary provision set forth and regardless of the form of action, whether in contract, tort or otherwise. Each provision of this Agreement which provides for a limitation of liability, disclaimer of warranty or condition or exclusion of damages is severable and independent of any other provision and is to be enforced as such. OWNER hereby releases ENGINEER from any and all liability over and above the limitations set forth in this paragraph. 8. INSURANCE ENGINEER agrees to purchase, at its own expense, workers’ compensation insurance and comprehensive general liability insurance in amounts determined by ENGINEER and will, upon request, furnish insurance certificates to OWNER. The existence of any such insurance shall not increase ENGINEER’S liability as limited by paragraph 8 above. 9. HAZARDOUS SUBSTANCE INDEMNIFICATION OWNER acknowledges that neither ENGINEER nor ENGINEER’s agents or consultants have any professional liability (errors or omissions) or other insurance for claims or damages arising out of the performance of or failure to perform professional services, including but not limited to the preparation of reports, designs, drawings, and specifications related to the investigation, detection, abatement, replacement, or removal of parts, materials, or processes containing asbestos or relating to the actual, alleged, or threatened discharge, dispersal, release or escape of pollutants (defined herein as any solid, liquid, gaseous, or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals, and waste) or hazardous substances of any kind however defined. Accordingly, OWNER hereby agrees to bring no claim for fault, negligence, breach of contract, indemnity, or other action against ENGINEER, its principals, employees, agents, and consultants, if such claim in any way would relate to asbestos, pollutants or hazardous substances in connection with the Project. OWNER further agrees, to the fullest extent permitted by law, to defend, indemnify, and hold harmless ENGINEER, its principals, employees, agents, and consultants from and against all claims, damages, losses, and expenses, direct or indirect, or consequential damages, including but not limited to fees and charges for attorneys and court and arbitration costs, arising out of or resulting from the performance of ENGINEER’s services hereunder, or claims brought against ENGINEER by third parties and arising from ENGINEER’s services or others’ services and/or work related to asbestos, pollutants and/or hazardous substance activities. This indemnification shall survive termination of the Agreement. 10. INDEMIFICATION OWNER shall defend, indemnify, and hold harmless ENGINEER, together with its officers, directors, agents, consultants and employees from and against any and all claims, costs, losses and damages, including attorneys' fees and other costs of litigation or dispute resolution arising directly or indirectly from OWNER’S breach of this Agreement or OWNER’S fault, negligent acts or omissions or intentional misconduct in connection with this Agreement or the Project. 11. PROJECT SITE OWNER shall furnish or cause to be furnished to ENGINEER all documents and information known to OWNER that relate to the identity, location, quantity, nature, or characteristics of any asbestos, pollutant or hazardous substance, however defined, at, on or under the Project site. In addition, OWNER shall furnish such other reports, data, studies, plans, specifications, documents, and other information regarding surface and subsurface site conditions required by ENGINEER for proper performance of its services. ENGINEER shall be entitled to rely upon OWNER provided documents and information in performing the services required under this Agreement; however, ENGINEER assumes no responsibility or liability for the accuracy or completeness of any such documents or information. ENGINEER will not direct, supervise, or control the work of contractors or their subcontractors. ENGINEER’s services will not include a review or evaluation of the contractor’s or subcontractor’s safety measures. ENGINEER shall be responsible only for its activities and those of its employees on any site. The presence of ENGINEER, its employees, agents or subcontractors on a site shall not imply that ENGINEER controls the operations of others nor shall it be construed to be an acceptance by ENGINEER of any responsibility for job-site safety. 13. DISPOSAL OF CONTAMINATED MATERIAL ENGINEER is not, and has no responsibility as a handler, generator, operator, treater, storer, transporter, or disposer of hazardous or toxic substances found or identified at a site. 14. CONFIDENTIALITY ENGINEER shall maintain as confidential and not disclose to others without OWNER’s prior consent all information obtained from OWNER that was not otherwise previously known to ENGINEER or in the public domain and is expressly designated by OWNER in writing to be “CONFIDENTIAL.” The provisions of this paragraph shall not apply to information in whatever form that (a) is published or comes into the public domain through no fault of ENGINEER, (b) is furnished by or obtained from a third party who is under no obligation to keep the information confidential, or (c) is required to be disclosed by law on order of a court, administrative agency, or other authority with proper jurisdiction. OWNER agrees that ENGINEER may use and publish OWNER’s name and a general description of ENGINEER’s services with respect to the Project in describing ENGINEER’s experience and qualifications to other clients or potential clients. September, 2009 3 Back To Top General Terms and Conditions 15. RE-USE OF DOCUMENTS All documents, including drawings and specifications, prepared or furnished by ENGINEER (and ENGINEER’s affiliates, agents, subsidiaries, independent professional associates, consultants, and subcontractors) pursuant to this Agreement are instruments of service in respect of the Project, and ENGINEER shall retain ownership thereof, whether or not the Project is completed. OWNER may make and retain copies for information and reference in connection with the Project; however, such documents are not intended or represented to be suitable for re-use by OWNER or others on extensions of the Project or on any other project. Any re-use without written verification or adaptation by ENGINEER for the specific purpose intended will be at OWNER’s sole risk and without liability to ENGINEER or ENGINEER’s affiliates, agents, subsidiaries, independent professional associates, consultants, and subcontractors with respect to any and all costs, expenses, fees, losses, claims, demands, liabilities, suits, actions, and damages whatsoever arising out of or resulting therefrom. Any such verification or adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER. 16. CONTROLLING AGREEMENT This Agreement shall take precedence over any inconsistent or contradictory provisions contained in any proposal, contract, purchase order, requisition, notice-to-proceed, or like document regarding ENGINEER’s services. If any provision of this Agreement is determined to be invalid or unenforceable in whole or part by a court of competent jurisdiction, the remaining provisions hereof shall remain in full force and effect and be binding upon the parties hereto. The parties agree to reform this Agreement to replace any such invalid or unenforceable provision with a valid and enforceable provision that as closely as possible expresses the intention of the stricken provision. This Agreement, including but not limited to the indemnification provisions, shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement gives no rights or benefits to anyone other than ENGINEER and OWNER and has no third party beneficiaries except as may be specifically set forth in this Agreement. This Agreement constitutes the entire agreement between the parties and shall not in any way be modified, varied or amended unless in writing signed by the parties. Prior negotiations, writings and understandings relating to the subject matter of this Agreement are merged herein and are superceded and canceled by this Agreement. Headings used in this Agreement are for the convenience of reference only and shall not affect the construction of this Agreement. 17. PROPRIETARY DATA The technical and pricing information contained in the Scope of Services is confidential and proprietary and is not to be disclosed or otherwise made available to third parties by OWNER without the express written consent of ENGINEER. 18. GOVERNING LAW This Agreement is to be governed by and construed in accordance with the laws of the principal place of business of ENGINEER. 19. DATA PRACTICES ACT REQUESTS ENGINEER considers certain information developed during the execution of services as “not public” and “protected” from public disclosure under the various local, state and federal Data Practices Act Requests. OWNER shall reimburse ENGINEER for any and all costs and expenses, including attorneys’ fees associated with any type of data practices act request. 20. ASSIGNMENTS This Agreement and the rights and duties hereunder may not be assigned by OWNER, in whole or in part, without ENGINEER’S prior written approval. 21. FORCE MAJURE ENGINEER shall not be liable for any loss, damage or delay resulting out of its failure to perform hereunder due to causes beyond its reasonable control including, without limitation, acts of nature or the OWNER, acts of civil or military authority, terrorists threats or attacks, fires, strikes, floods, epidemics, quarantine restrictions, war, riots, delays in transportation, transportation embargos, extraordinary weather conditions or other natural catastrophe or any other cause beyond the reasonable control of ENGINEER. In the event of any such delay, ENGINEER’S performance date(s) will be extended for that length of time as may be reasonably necessary to compensate for the delay. 22. WAIVER No failure or delay on the part of ENGINEER in exercising the right, power or remedy under this Agreement shall operate as a waiver thereof; nor shall any single or partial exercise of any rights, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The remedies provided in this Agreement are cumulative and not exclusive of any remedies provided by law. 23. WAIVER OF JURY In the interest of expediting any disputes that might arise between ENGINEER and OWNER, ENGINEER and OWNER hereby waive their respective rights to a trial by jury of any dispute or claim concerning this Agreement, the services and any other documents or agreements contemplated by or executed in connection with this Agreement. 24. NOTICES Any and all notices, demands or other communications require or desire to be given under this Agreement shall be in writing and shall be validly given or made if personally served; sent by commercial carrier service; or if deposited in the United States Mail, certified or registered, postage prepared, return receipt requested. If such notice or demand is served personally, notice shall be deemed constructively made at the time of such personal service. If such notice, demand or other communication is given by mail or commercial carrier service, such notice shall be conclusively deemed given three (3) days after deposit thereof in the United States Mail or with a commercial carrier service. Notices, demand or other communications required or desired hereunder shall be addressed to the individuals indicated in this Agreement at the addresses indicated in this Agreement. Any party may change its address or authorized recipient for purposes of this paragraph by written notice given in the manner provided above. September, 2009 4 Back To Top Item #9- State Water Plan Application SD EForm - 0487LD V1 State Water Plan Application Form Applicant City of Watertown Address: PO Box 910 Watertown, SD 57201 Proposed Funding Package Requested Funding $832,896 Other____________________ Other____________________ Other____________________ Phone Number: (605) 882-6200 Project Title: $832,896 TOTAL Kittelson Addition Sanitary Sewer Extension Description: (Include present monthly utility rate and whether a reserve fund has been established for the utility to benefit from the project.) The City of Watertown plans to provide sanitary sewer service to 30 homes on the north shore of Lake Pelican as part of a voluntary annexation project initiated by the homeowners in the project area. Homes in the impacted area are currently served by septic tanks and many of the lots are less than an acre in size. If the project is completed 11 of the lots will be served with a gravity system and 19 of the lots will be served by a pressure system. Present monthly sanitary sewer rate: $21.50/MONTH A reserve fund for the sanitary sewer system HAS been established. The Applicant Certifies That: I declare and affirm under the penalties of perjury that this application has been examined by me and, to the best of my knowledge and belief, is in all things true and correct. Steve Thorson, Mayor Name and Title of Authorized Signatory (Typed) Application Prepared By: Ted Haeder, Economic Dev. Officer Name and Title (Typed) Mike Kuno, P.E. Name of Engineer/Architect (605) 882-5115 Phone # (651) 765-2902 Phone # Signature Date First District Representing SEH Incorporated Representing Back To Top Item #10- GIS Zoning Agreement Back To Top Back To Top Back To Top Item #11- GIS Website Agreement Back To Top Back To Top Back To Top Item #12a- DOT Funding Agreement DOT-932 (06/2014) AGREEMENT NUMBER URBAN SURFACE TRANSPORTATION PROGRAM FUNDING AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION AND CITY OF WATERTOWN FOR LETTING AND CONSTRUCTION OF PROJECT P 4243(03) PCN 03DM This Agreement is entered into by and between the State of South Dakota, acting by and through its Department of Transportation, referred to in this Agreement as the “STATE,” and the city of Watertown, South Dakota, referred to in this Agreement as the “CITY.” BACKGROUND: 1. The STATE and the CITY agree to let project number P 4243(03) PCN 03DM, referred to in this Agreement st as the “PROJECT,” located in Watertown, South Dakota, on 19th Street from 1 Avenue NE north 1.6 miles th to 14 Avenue NE. 2. The PROJECT costs will consist of preliminary engineering, materials, construction, and construction engineering. 3. The CITY will apply for a loan from the STATE to supplement the CITY’S share of the PROJECT costs. The STATE, through a separate agreement, will enter into a loan agreement with the CITY. THE CITY AND THE STATE MUTUALLY AGREE AS FOLLOWS: A. B. The STATE will: 1. Provide technical assistance in the preparation of plans and specifications for the PROJECT, and review those documents prior to advertising and letting of the construction phase. 2. Obtain the necessary environmental clearances. 3. Advertise for bids and let the PROJECT. 4. Before advertising for bids, the STATE will provide the CITY a Letting Authorization Form for the CITY’S review of the estimated PROJECT costs. Based on this review, the CITY may modify or delay the PROJECT before authorizing the STATE to advertise for bids, or delete the PROJECT. If there is any conflict between this Agreement and the Letting Authorization Form, this Agreement will control. 5. Provide construction administration for the PROJECT and make all eligible progress payments to contractors and vendors with 81.95% CITY STP funds and 18.05% associated STATE match. Any eligible PROJECT costs exceeding the CITY’S available STP fund account balance and STATE match will be paid for by the CITY through the federally funded loan referenced in Background paragraph 3 above. The CITY will be one hundred percent (100%) responsible for any non-federal aid participating costs. The CITY will: 1. Comply with all Codified Federal Regulations, Federal Acquisition Regulations, and Regulations by the Office of Management and Budget, and obtain prior written approval from the STATE for all eligible costs. Page 1 of 5 Back To Top C. 2. Develop plans, specifications, and cost estimates for the PROJECT. The CITY will prepare plans according to South Dakota Department of Transportation guidelines and will utilize South Dakota Department of Transportation Specifications. 3. Pay 81.95% of the eligible PROJECT costs with CITY STP funds. Upon depletion of the CITY’S STP account balance, the CITY will use loan proceeds to pay the remainder of the CITY’S share of the PROJECT costs. The CITY will be required to repay the loan to the STATE based on the terms of a separate loan agreement entered into between the CITY and the STATE. The CITY will pay directly to the STATE one hundred percent (100%) of any non-federal aid participating costs. The CITY will make all payments within thirty (30) days of receipt of a billing from the STATE. 4. Obtain all necessary right-of-way for the PROJECT according to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended in 1987. The CITY will use unaltered STATE forms in obtaining right-of-way. 5. Certify that all right-of-way and utility adjustments or agreements are in place prior to advertisement and letting. 6. Continue to maintain the PROJECT upon completion of construction as a public street and dedicate the roadway and adjacent right-of-way for the public use. ENCROACHMENTS The CITY will enforce the following prohibitions against encroachments in the public right-of-way on the PROJECT and on the state trunk highway system within the CITY’S jurisdictional limits: 1. In outlying commercial areas and through residential areas, all encroachments on or above the rightof-way will be prohibited unless specifically permitted below. 2. The use of the right-of-way by owners or lessees of abutting property for the storage of vehicles, placement of portable signs, or other private use will be prohibited. 3. Where the highway passes through established business districts and the buildings are at the property line and are continuous or very closely spaced, encroachments overhanging the right-of-way will be prohibited except under the following conditions: i. Awnings, canopies, marquees, and similar installations on buildings will be permitted to remain in place until such time that they become functionally or structurally obsolete, providing that the edge of such encroachment is not less than three (3) feet back from the face of the curb. ii. Advertising or other similar signs which are less than three (3) feet back from the face of the curb and are supported wholly from the front of the building will be permitted to remain in place until such time that they become functionally or structurally obsolete, provided that the bottom of such encroachment is not less than fourteen and one half (14.5) feet above the curb elevation. iii. The replacement of obsolete or the installation of new awnings, canopies, marquees, advertising signs, or similar installations supported wholly from the building will be permitted provided that no part of the encroachment is less than three (3) feet back from the face of the curb and eight (8) feet above the curb elevation. iv. In the event the encroachments referred to in (i), (ii), and (iii) above, by reason of color or placement, obscure or in any way detract from the effectiveness of the highway signs, traffic signals, pedestrian safety, or interfere with the free or safe flow of the traffic, the CITY will cause the removal of such encroachments or take appropriate measures to improve highway signs or traffic signals and traffic safety. v. The provisions of paragraph (3) and subparagraphs (i), (ii), (iii), and (iv) above will not apply to isolated business or commercial buildings in outlying areas. vi. In cases where there are encroachments of long standing which will in no way impair the highway operation or interfere with the free and safe flow of traffic and in the opinion of the STATE, the immediate removal would impose unreasonable hardship, the STATE may, at its Page 2 of 5 Back To Top discretion, permit the encroachment to remain for a specific period. This permission is subject to revocation or extension at the STATE’S discretion. 4. On Federal Aid Projects, no encroachments will be permitted except in conformance with 23 CFR 1.23. D. In all sections of Title 23 United States Code and the Federal Aid Program Manual, the term “City” will be substituted for the term “State” whenever the Project is not on the state trunk highway system. E. UTILITIES The CITY will control the location and maintenance of utilities within its right-of-way so as to not impair the free flow of traffic and provide the maximum safety to the traveling public. F. PARKING The CITY will enforce the prohibition of all parking, standing, and stopping in the traffic lanes constructed under the PROJECT in accordance with South Dakota Codified Law Chapter 32-30. The CITY will establish parking prohibitions if parking becomes a safety concern or hindrance. The CITY further agrees that where curbs are not installed and are not to be installed under proposed improvement, the curbs, when proposed to be constructed in the future, will be at a lateral distance approved by the STATE. The CITY will be responsible for installation and financial obligations of any future constructed curbs. Any temporary pavement marking needed to facilitate parking will be non-participating for federal funds. G. LIGHTING When a signal or roadway lighting system is installed on any street within the PROJECT or on any portion of the state trunk highway system within the CITY’S jurisdictional limits, the CITY will provide electrical power necessary to operate the signal or roadway lighting system and all necessary maintenance and replacements, in kind, of all parts and apparatus of said system, including lamps so as to ensure the continuing operation of said signal or roadway lighting systems until such time as the parties to this Agreement will agree to discontinue the operation of the said system. The CITY will be responsible for replacement of poles which may be damaged due to weather or by vehicle crashes. If a signal is coordinated through the use of leased telephone lines, the CITY will pay the required hookup fee and monthly rental fees. The CITY further agrees that on the state trunk highway system, prior to changing the signal timing from that originally set by the STATE, the CITY will submit the necessary data and proposed timing to the STATE for approval. H. PAVEMENT MARKING The CITY will be responsible for maintenance of plastic pavement markings applied on the CITY streets. The CITY will use plastic material approved by the STATE in maintaining the plastic pavement markings. The CITY will ensure that rubber cutting edges are used on the blades of snow removal equipment that is used in areas where plastic material is applied for the pavement markings. I. On Urban Systems Projects the CITY will save harmless the STATE from any claim or damage made against it for consequential damage arising from and out of changing the grade of streets, causing loss or inconvenience to the property or business or surrounding property owners, or from any cause or causes whatsoever, after the PROJECT is completed and accepted. J. The CITY acknowledges that the members of its governing board and engineering staff have examined the plans for the Project prepared under the supervision of the STATE referred to in this Agreement. K. The CITY will enact such ordinances as are necessary to properly enforce any of the above provisions. Page 3 of 5 Back To Top L. The CITY will provide services in compliance with the Americans with Disabilities Act of 1990, and any amendments. M. INDEMNIFICATION PROVISION The CITY will indemnify the STATE, its officers, agents, and employees against any and all actions, suits, damages, liability, or other proceedings that may arise as the result of performing services under this Agreement. This section does not require the CITY to be responsible for or defend against claims or damages arising from errors or omissions of the STATE, its officers, agents, or employees. N. FUNDING PROVISION The Agreement depends upon the continued availability of appropriated funds and expenditure authority from the Legislature for this purpose. If for any reason the Legislature fails to appropriate funds or grant expenditure authority, or funds become unavailable by operation of law or federal funds reductions, the Agreement may be terminated by the STATE. Termination for any of these reasons is not a default by the STATE nor does it give rise to a claim against the STATE. O. CONTROLLING LAW PROVISION The Agreement will be governed by and construed in accordance with the laws of the State of South Dakota. Any lawsuit pertaining to or affecting this Agreement will be venued in Circuit Court, Sixth Judicial Circuit, Hughes County, South Dakota. P. SEVERABILITY PROVISION If any court of competent jurisdiction holds any provision of the Agreement unenforceable or invalid, such holding will not invalidate or render unenforceable any other provision of this Agreement. Q. SUPERCESSION PROVISION All other prior discussions, communications, and representations concerning the subject matter of this Agreement are superseded by the terms of this Agreement, and, except as specifically provided, this Agreement constitutes the entire agreement with respect to its subject matter. R. DISPUTES Any dispute concerning a question of fact in connection with the work not disposed of by agreement between the parties will be referred to the STATE’S Secretary of Transportation or duly authorized representative for determination, whose decision in the matter will be final and conclusive on the parties to the Agreement. S. SUBCONTRACT PROVISION The CITY will include provisions in its subcontracts requiring its subcontractors to comply with the applicable provisions of this Agreement, to indemnify the STATE, and to provide insurance coverage for the benefit of the STATE in a manner consistent with this Agreement. The CITY will cause its subcontractors, agents, and employees to comply with applicable federal, state, and local laws, regulations, ordinances, guidelines, permits, and requirements and will adopt such review and inspection procedures as are necessary to assure such compliance. Failure to comply with federal requirements related to right-of-way, environmental clearances, utilities, and the bid letting process could jeopardize future federal funding. T. RECORDS RETENTION AND AUDIT 1. All PROJECT charges will be subject to audit in accordance with current STATE procedures and United States Office of Management and Budget (OMB) 2 CFR Part 200 Subpart F. The CFDA Number for these funds is 20.205. Allowable costs will be determined in accordance with 2 CFR Part 200. Page 4 of 5 Back To Top U. 2. The CITY and its subcontractors will keep accounting records clearly identified with the Agreement. 3. Upon reasonable notice, the CITY and its subcontractors will allow the STATE, through any authorized representative, to have access to and the right to examine and copy all records, books, papers, or documents related to services rendered under this Agreement. The CITY will keep these records clearly identified and readily accessible for a period of three (3) years after the date final payment under this Agreement is made and all other pending matters are closed. CERTIFICATION OF LOBBYING The CITY certifies, to the best of the CITY’S knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the CITY, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any of the above mentioned parties, the CITY will complete and submit Standard Form LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. The CITY will require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontract, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients will certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification will be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. V. AUTHORIZATION The CITY has designated its Mayor as the CITY’S authorized representative and has empowered the Mayor with the authority to sign this Agreement on behalf of the CITY. A copy of the CITY’S Commission minutes or resolution authorizing the execution of this Agreement by the Mayor as the CITY’S authorized representative is attached to this Agreement as Exhibit A. This Agreement is binding upon signatories not as individuals but solely in their capacities as officials of their respective organizations and acknowledges proper action of the STATE and the CITY to enter into the same. City of Watertown, South Dakota State of South Dakota Department of Transportation By: By: Its: Mayor Its: Secretary Date: Date: Attest: Office of Administration By: City Auditor/Clerk Its: Program Manager (CITY SEAL) Date: Page 5 of 5 Back To Top Item #12b- Right Of Way Certificate RIGHT-OF-WAY CERTIFICATE TO: Urban Systems Engineer, Local Government Assistance South Dakota Department of Transportation 700 Broadway Avenue East Pierre, South Dakota 57501-2586 RE: Project No. P 4243(03) , PCN 03DM in Watertown. This is to certify that the City Council of Watertown (City), South Dakota has acquired all necessary right of way and temporary construction easements required for the construction of Project Number P 4243(03) , PCN 03DM in Watertown (City), in accordance with the provisions of the Uniform Relocation Assistance & Real Property Acquisition Policies Act of 1970 as amended. Relocation assistance was was not (mark one) required on this project and, if so, was accomplished in accordance with State and Federal directives. We also certify that all improvements (utilities, fence, etc.), to be removed under right of way negotiations have been moved or will be moved by the date of the letting or that the necessary agreement has been reached with the owner(s) involved. DATED THIS DAY OF , 20 . CITY COUNCIL OF ATTEST: WATERTOWN (CITY) BY: _ FINANCE OFFICER (SEAL) MAYOR APPROVED BY: Admin Program Manager _ Date LGA-CITY-ROW-5 (9/13) Back To Top Item #12c- Utilities Certificate TO: Local Government Assistance South Dakota Department of Transportation 700 Broadway Avenue East Pierre, South Dakota 57501-2586 RE: UTILITIES CERTIFICATE PROJECT NUMBER P 4243(03) PCN 03DM_ This is to certify that the City Council of the City of Watertown , South Dakota, will move and/or adjust or will cause to be moved, and/or adjusted, any and all utilities, whether publicly or privately owned, lying in the path of or conflicting with the construction of said project within the limits of said county. 1. The moves and/or adjustments will be accomplished at no cost to the State of South Dakota; and without Federal participation; and will be coordinated with the construction of said project. The following utilities have been contacted and are aware of the project: 2. Utility Company Date Contacted The utilities referred to in this certificate do not include railroads or railroad owned facilities. 3. All other utilities not included in this certificate are listed below: We also certify that all physical features (fences, signs, posts, etc.) to be removed under utilities negotiations have been moved or will be moved by the date of the letting or that an agreement has been negotiated with the owner involved. DATED THIS DAY OF ATTEST: , 201 CITY OF . WATERTOWN BY: FINANCE OFFICER (SEAL) Approved by: MAYOR Admin. Program Manager Date Back To Top Item #12d- Bid Letting Authorization TO: Local Government Assistance South Dakota Department of Transportation 700 Broadway Avenue East Pierre, South Dakota 57501-2586 RE: LETTING AUTHORIZATION FOR PROJECT NO. IN WATERTOWN P 4243(03), PCN 03DM CITY This acknowledges that the South Dakota Department of Transportation, Office of Local Government Assistance, estimates the following costs for the noted project: Preliminary Engineering Utilities Relocations ROW Acquisitions Construction (LOW BID) Non-participating Costs Construction Engineering Estimated Total Project Cost $ $ $ $ $ $ $ 67,475.31 -0-01,915,657.60 -0190,000.00 2,173,132.91 The cost of the project will be covered by 81.95% Federal participation and 18.05% in State matching funds. Costs in excess of the City’s available Federal funds and State match, will be covered by a federal aid loan obtained by separate agreement. Any non-participating costs will be paid for by the City and are payable upon billing by the State. The South Dakota Department of Transportation is hereby authorized and requested to advertise the project for bids. The Transportation Commission, under their authority, will review the bids. Approved bids shall be awarded solely by the Transportation Commission. DATED THIS DAY OF , 201 . CITY COUNCIL OF (CITY) BY: ATTEST: MAYOR CITY FINANCE OFFICER (SEAL) Back To Top Item #13- Aason Agreement AGREEMENT FOR PROFESSIONAL SERVICES for Sanitary Sewer Extension across the Community Center Site CITY OF WATERTOWN This AGREEMENT made and entered into by and between the City of Watertown, Watertown, South Dakota, hereinafter called the CITY, and AASON ENGINEERING COMPANY, INC., Consulting Engineers, Watertown, South Dakota, hereinafter called the ENGINEER. WHEREAS, the CITY desires to have plans developed for the construction of the Sanitary Sewer Extension across the Community Center Site detailed within this contract, and; WHEREAS, the ENGINEER represents that they are in compliance with the South Dakota statutes relating to the registration of land surveyors and professional engineers and has indicated their willingness to provide land surveying and professional engineering services that are necessary for the project; NOW THEREFORE, the CITY and the ENGINEER, in consideration of the premises and the covenants, herein agree in respect to the performance of land surveying and professional engineering services by the ENGINEER and the payment for those services by the CITY as set forth herein. ARTICLE I SCOPE OF SERVICES Plans are to be ready for bid letting. The ENGINEER will provide the following: 1. Provide surveying, design, and construction plans for the extension of the 15” sanitary sewer trunk line from the east edge of the middle school site to the center of the proposed 15th Street NE right of way. 2. Furnish one set of finished plans to the City in both printed and electronic format. ARTICLE II COMPENSATION The compensation payable by the City to the Engineer for services performed under this Agreement shall be a maximum limiting fee of $__________________. The Engineer will submit billing statements no more than once a month to the City for their processing in regards to payment for services rendered. 1 Back To Top ARTICLE III GENERAL CONTRACT CLAUSES SECTION I - TERMINATION This AGREEMENT may be terminated by either party upon fifteen days written notice, in the event of substantial failure to perform in accordance with the terms hereof by the one party through no fault of the other party. If this AGREEMENT is so terminated, the ENGINEER shall be paid in the amount, which he has earned up to such date of termination under the terms of this AGREEMENT. Upon termination, the CITY shall be entitled to all plans and documents for which there has been payment made to the ENGINEER and they shall become the property of the CITY. Unless the AGREEMENT shall have been terminated as herein before provided, it shall terminate on completion of the scope of work as defined in Article I, and on final payment of all fees under this AGREEMENT by the CITY. SECTION II - INSURANCE The ENGINEER shall maintain such insurance as will protect him from claims under Workman’s Compensation Acts, claims for damages because of bodily injury, sickness or disease, or death of any of his employees, and from claims from damages because of injury to or destruction of tangible property including loss of use thereof. SECTION VI - INDEMNIFICATION OF CITY The ENGINEER shall indemnify the CITY, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, that may in any way accrue against the City in consequence of the granting of this contract or that may in any way result from that grant, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the ENGINEER OR ENGINEER’S employees, of the Subcontractor or Subcontractor’s employees, if any, and the ENGINEER shall, at the ENGINEER’S own expense, appear, defend and pay all charges incurred in connection with that activity, and, if any judgment shall be rendered against the CITY in any such actions, the ENGINEER shall, at the ENGINEER’S own expense, satisfy and discharge that judgment. The ENGINEER expressly understands and agrees that any performance bond or insurance protection required by this contract, or otherwise provided by ENGINEER, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the CITY as here provided. SECTION VIII - EXTENT OF AGREEMENT This AGREEMENT represents the entire and integrated AGREEMENT between the CITY and the ENGINEER covering the services set forth herein and supersedes any prior negotiations, representations or agreements therefore, written or oral. This AGREEMENT may be amended only by written instrument signed by both the CITY and the ENGNEER. 2 Back To Top SECTION IX - APPLICABLE BY LAW The laws of the State of South Dakota shall govern this AGREEMENT. IN WITNESS WHEREOF, the parties hereto have made and executed this AGREEMENT this 20th day of January, 2015. ATTEST CITY OF WATERTOWN: Watertown, South Dakota _____________________________________ ___________________________________ Steve Thorson, Mayor ENGINEER: Aason Engineering Company, Inc. 1022 Sixth Street SE Watertown, South Dakota ATTEST _____________________________________ ___________________________________ Rodney S. DeJong 3 Back To Top Item #14- AECOM Agreement Back To Top Item #15- Houston Engineering Agreement Task Order Revision & Change in Scope of Services To: Sarah Caron, P.E. City of Watertown Assistant City Engineer Date: December 4, 2014 Cc: Mike Boerger File From: Dennis McAlpine, P.E. Bart Schultz, P.E. Subject: Watertown Regional Landfill 2014 Scale Project - Additional Services Request Project No.: 7716-004 Houston Engineering, Inc. (HEI) entered into a contractual agreement, by acceptance of the Scope and Service and Fees dated March 5, 2014, (AGREEMENT) to provide professional consulting services to the City of Watertown, SD. The AGREEMENT identifies civil design and solicitation support services to be performed in fulfillment of the contract and an agreed upon estimated compensation amount. The AGREEMENT identifies the services to be performed in return for estimated compensation in the amount of $21,930.00. The purpose of this memorandum is to document a change in the Scope of Services rendered by Houston Engineering under our AGREEMENT and obtain concurrence on the additional fee associated with the change in the Scope of Services. The following items were not anticipated in the original AGREEMENT and interpreted by Houston Engineering as a change in the Scope of Services: Item No. 1 2 3 Description Additional Fee The City of Watertown conducted the existing features survey for the scale and ancillary components. HEI prepared maps indicating the requested information. During the design process HEI observed conflicting survey data. HEI coordinated with City staff to resolve the issue through a (City conducted) follow-up survey event. With the additional/corrected information HEI revised the partially completed design drawings/construction details. The project was initially bid on 7/1/2014. Two (2) bids were received. The City determined that both bids were unresponsive and rejected both bids. As requested HEI revised the project manual to reflect a re-bid scheduled for 8/7/2014. HEI duplicated the initial services detailed under the construction solicitation phase for the re-bid. Additional project management to coordinate with K-Scale, LLC as result of complications with scale setup and integration into existing hardware. Total 6901 E Fish Lake Rd Ste 140 Maple Grove MN 55369 Ph. 763.493.4522 Fax 763.493.5572 $2,500.00 $1,700.00 $600.00 $4,800.00 Page 1 of 2 Back To Top Back To Top Item #16- HDR Alkalinity Agreement Back To Top Back To Top Back To Top Back To Top Construction Phase Services – Office Service Construction Phase Services – Field Service 0 6 2 2 8 2 4 1 25 0 0 $0 4 2 1 4 11 36 $5,940 2 2 10 16 4 16 8 32 6 92 0 2 $130 16 48 4 8 76 168 $24,360 2 21 8 10 2 3 1 33 0 33 $5,610 12 0 12 $2,040 2 8 16 3 1 2 0 2 $340 12 0 12 $2,040 6 20 20 0 20 $2,400 8 2 2 10 $950 16 2 2 18 $1,170 Fee Estimate Note: The fee estimate is higher than a typical percentage range for new construction, due to the nature of this improvements project; a new small building, tying into existing facilities, etc. The small footprint of the building and resulting overall building cost requires similar review and mamagement as a larger structure or even multiple structures, increasing the construction administration cost on a percent of total cost basis when compared to a more extensive project. WatertownWWTFNaOHBldgAddCAFEERev12‐9‐14Rev1.xlsx 1 20 73 6 46 14 36 27 222 $1,310 $6,300 $330 $4,100 $840 $660 $2,565 $16,105 20 50 5 16 91 313 $660 $330 $165 $980 $2,135 $170 Printing Tech Charge Total Fee Total Hours Administration Accounting CAD Electrical Engineer Mechanical Engineer Structural Engineer Architect Project Engineer Project Management Assistant Project Manager Task Task Description Construction Phase Services – Office Service 5.1 Pre‐Construction Conference 5.2 Shop Drawings/Submittal Review 5.3 Contractor’s Progress Estimate 5.4 Construction Administration/Substitution/Interpretations 5.5 Change Proposal Requests/Change Orders 5.6 Project Meetings 5.7 Record Drawings Subtotal Construction Phase Services – Field Service 6.1 Coordination with WWTF Staff and Contractor 6.2 Review of Work 6.3 Testing and Records 6.4 Substantial Completion/Final Inspection Subtotal Total Hours Total Cost Principal Description Travel EstimatedStaff‐HoursandFee WatertownWWTFNaOHBuildingAddition $74 $270 $22 $170 $52 $133 $100 $821 $40 $60 $170 $74 $185 $19 $59 $337 $10 $10 $44,980 $1,930 $1,158 Engineering Services Total Labor Engineering Services Expenses Engineering Services Total Fee $180 $44,980 $3,268 $48,248 $640 $810 $960 $160 $1,120 $10 $50 $10 Materials Testing 12/10/2014 Back To Top Item #17- K-Scale Change Order Back To Top Back To Top Item #18- Golf Cart Bid Tab BID TABULATION Golf Cars Lease 2015 Bids opened Jan. 6, 2015 at 10:00 a.m. Yamaha Golf & Utility 3350 W. Hwy 13 Burnsville, MN 55337 Bid Security Quantity 45 Cars Item Description Cashiers Check Annual Total Annual Fuel Lease Cost Lease Cost Useage per Car Miller & Sons Golf Cars (EZ Go) Britt, IA Cashiers Check Annual Total Annual Fuel Lease Cost Lease Cost Useage per Car Lease New 2015 Golf Cars for 5 Years with 6 Payments per Year (EFI) 45 Cars Cashiers Check Annual Total Annual Fuel Lease Cost Lease Cost Useage per Car NB Golf Cars 303 E. Railroad St. Hendricks, MN 56136 $593.04 $26,686.80 35.8 mpg $543.96 $24,478.20 33.4 mpg $585.12 $26,330.40 35 mpg Lease New 2015 Golf Cars for 5 Years with 6 Payments per Year (carb) $559.50 $25,177.50 32.7 mpg Back To Top