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