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09-11-06 ITEM 5_1 CLAIMS LIST CITY COUNCIL MEETING SEPTEMBER 11, 2006 TO: Judy Hudson Attached is the Claims List for the City Council. For more details, please refer to the Check Detail Registers. If you have any questions regarding this service, please let me know. Claims Register 08 -31 -2006 $ 7,358.86 08 -31 -2006 $ 136.37 * 09 -06 -2006 $ 475,836.86 * Replacements for checks lost in the mail - (net amount is zero) - .MBPTA check #42154 dated 2/9/06 for $50.00 voided - Eugene Goenner check #42295 dated 3/23/06 for $86.37 voided PAYROLL 08 -16 -2006 $ 33,327.28 GRAND TOTAL $ 516,659.37 If you have any questions or if you would like to review this list further, please let me know. Kathy Grover Bookkeeper CITY OF OTSEGO 09/07/06 11:01 AM Page 1 *Check Summary Register© SEPTEMBER 2006 Name Check Date Check Amt 10100 BANK OF ELK RIVER UnPaid 10,000 LAKES CHAPTER $60.00 HAROLD LEONARD - 10/19 SEMINAR UnPaid 10,000 LAKES CHAPTER - FL 5525.00 TIM ROCHEL - 11/28 & 11/29 SEMINAR UnPaid ADAM'S PEST CONTROL INC 584.14 QUARTERLY SERVICE UnPaid AFFORDABLE SANITATION 5868.00 JULY PORTA RENTALS UnPaid AIRGAS, INC. 530.03 TES REPAIR KIT UnPaid ALPINE HOMES INC 55,000.00 6379 MASON - DRVWY ESC REF UnPaid AVENET, LLC $600.00 12 MONTH SVC PKG THRU 9/30/07 UnPaid BEAR ALARMS 574.55 CHANGE USER CODES/PEOPLE SERVICE UnPaid BONESTROO ROSENE ANDERLI 532,368.92 WWTF, WEST, PHASE 1 UnPaid BRAUN INTERTEC 52,862.75 CSAH 42 RECONSTRUCTION UnPaid BROCK WHITE CO LLC 535.39 SINGLE NET WHITE BLANKET UnPaid BULOW INC $6,497.57 WH COOP W/S REIMBURSEMENT UnPaid CASTLEROCK COMPANIES INC. $1.000.00 7386 LAMBERT - ESCROW REFUND UnPaid CHARTER COMMUNICATIONS $119.06 MONTHLY SERVICE UnPaid CHRISTIAN BUILDERS INC 55,000.00 12236 72ND - ESCROW REFUND UnPaid CITY OF MONTICELLO $4,882.50 3RD QTR 2006 FIRE CONTRACT UnPaid CITY OF OTSEGO 5300.00 ESTABLISH PETTY CASH FOR UTIL BILLIN UnPaid COBORNS INC 5100.64 DRY CLEANING UnPaid COURI MACARTHUR LAW OFFIC 525,413.00 RIVERBEND SOUTH UnPaid CUB FOODS ELK RIVER $84.47 COFFEE, CLEANER UnPaid DENNIS FEHN GRAVEL & EXCAV 51,758.00 DITCH CLEANING - METRO INS. UnPaid DISTINCTIVE DESIGN IRRIGATIO 513,679.65 SCHOOL KNOLL IRRIGATION UnPaid DIVERSIFIED METAL FABRICAT $4,367.00 PARK & PICNIC TABLES - SCHOOL KNOLL UnPaid DJ'S TOTAL HOME CENTER $14.91 FASTENERS UnPaid ECM PUBLISHERS INC 51,809.00 LEGAL - ORDINANCE UnPaid ELK RIVER MUNICIPAL UTILITIE 515.98 8980 QUANTRELLE LIFT STATION UnPaid ELK RIVER PRINTING & PARTY 5448.37 W/S ENVELOPES/LETTER UnPaid ENDE SEPTIC SERVICE LLC 5225.00 PUMP OUT FOOTING TUBES - KIT PARK • UnPaid EULLS MANUFACTURING CO IN 5141.21 STORM SWR CONST. UnPaid FENNA HOMES 51,500.00 11587 - 75TH DRIVEWAY ESC REF UnPaid FINKEN'S WATER CARE 5160.25 CITY HALL UnPaid GLENS TRUCK CENTER INC 58.05 TRUCK PARTS UnPaid HAKANSON ANDERSON ASSOC 5207,521.00 CRIMSON PONDS WEST • UnPaid HEARTLAND TIRE SERVICE INC 52,397.80 FLAT REPAIR UnPaid HOMES PLUS 55,000.00 11523 77TH - ESCROW REFUND UnPaid 194 WEST CHAMBER OF COMM 5260.00 06 -07 MEMBERSHIP UnPaid LEAGUE OF MN CITIES $7,698.00 REGIONAL MTG REG - MARK THORSTED UnPaid LONG & SONS $888.97 MONTHLY CLEANING SVC UnPaid MARTIES FARM SERVICE INC 5452.76 SEED - NASHUA PATH UnPaid MARTIN BENEFIT ADMINISTRAT $65.00 MONTHLY FEE UnPaid MBPTA $135.00 TIM - 11/14 CEU COURSE UnPaid MENARDS $649.05 SCHOOL KNOLL IRRIGATION PARTS UnPaid MERGES ANDREW 57,666.66 AUG 2006 ASSESSING WORK UnPaid MERIT CUSTOM HOMES $1,000.00 7735 LANDER - LNDSCP ESC UnPaid MN DEPARTMENT OF HEALTH - $2,108.00 3RD QTR WATER SUPPLY CONN FEE UnPaid MN DEPT OF NATL RESOURCES 5600.00 APP FEE - OTSEGO CREEK CULVERT REPL UnPaid MONTICELLO ANIMAL CONTROL 5175.00 ANIMAL CONTROL UnPaid NAPA OF ELK RIVER INC $40.50 HOSE ENDS UnPaid NODLAND CONSTRUCTION CO I 5550.00 TAP 2" CORP W /SADDLE - SCHOOL KNOLL UnPaid OERTEL ARCHITECTS $5,891.09 PUBLIC WORKS STUDY UnPaid OFFICEMAX 51,278.07 EXTENSION CORD UnPaid PURCHASE POWER 5518.99 POSTAGE UnPaid QUICK FUEL FLEET SERVICES $12,433.01 GAS FUEL UnPaid RANDY'S SANITATION 5184.74 8899 NASHUA UnPaid REED BUSINESS INFORMATION 5801.36 BIDS - CSAH 42 TRAFFIC SIGNALS UnPaid ROBOTRONICS, INC. $1,740.00 MCGRUFF COSTUME CITY OF OTSEGO 09/07/06 11:01 AM Page 2 *Check Summary Register© SEPTEMBER 2006 Name Check Date Check Amt UnPaid ROLFE BUILDERS, INC. $1,000.00 7335 LAMONT - LNDSCP ESC UnPaid SOFTRONICS $4,187.27 W/S LABOR UnPaid SRF CONSULTING GROUP, INC. $3,831.93 PARKS CONSULTING UnPaid SUPERIOR LAWN $7,417.45 WATER UnPaid TARGET STORES $63.89 PHONE UnPaid TIRE CENTERS $30.64 FLAT REPAIR UnPaid TROPHIES PLUS $12.35 NAME PLATE UnPaid UNLIMITED ELECTRIC INC $1,338.76 ELEC WORK IN OLD KITCHEN UnPaid US HOME CORPORATION $38,600.00 REFUND ESCROW OVERPAYMENT UnPaid WRIGHT COUNTY AUDITOR -TRE $48,749.16 TABLES FOR ELECTIONS UnPaid XEROX CORPORATION $516.97 XEROX COPIER Total Checks $475,836.86 FILTER: None • • CITY OF OTSEGO 09/07/06 11:01 AM Page 1 *Check Detail Register© SEPTEMBER 2006 Check A Invoice Comment 10100 BANK OF ELK RIVER Unpaid 10,000 LAKES CHAPTER E 250- 42410 -360 Education /Training /Conferences $60.00 HAROLD LEONARD -10/19 SEMINAR Total 10,000 LAKES CHAPTER $60.00 Unpaid 10,000 LAKES CHAPTER - FL E 250 -42410 -360 Education/Training /Conferences $175.00 JOE ABRAHAMSON -11/28 & 11/29 E 250 - 42410 -360 Education/Training /Conferences $175.00 TIM ROCHEL - 11/28 & 11/29 SEM E 250- 42410 -360 Education/Training/Conferences $175.00 HAROLD LEONARD -11/28 & 11/29 Total 10,000 LAKES CHAPTER - FL 5525.00 ..........._........_..... Unpaid ADAM'S PEST CONTROL INC • E 101-41940-390 Contracted Services $84.14 279369 QUARTERLY SERVICE Total ADAM'S PEST CONTROL INC $84.14 Unpaid AFFORDABLE SANITATION E 101- 45250 -410 Rentals (GENERAL) 5768.00 6104 JULY PORTA RENTALS E 101 - 45100 -390 Contracted Services $100.00 6105 PORTA CLEANING - BASEBALL TOUR Total AFFORDABLE SANITATION 5868.00 Unpaid AIRGAS, INC. E 101 -43100 -210 Operating Supplies (GENERAL) $30.03 105811812 TES REPAIR KIT Total AIRGAS, INC. $30.03 Unpaid ALPINE HOMES INC E 702 - 41400 -310 Miscellaneous 52,500.00 9850 JANSEN - ESCROW REFUND E 702 - 41400 -310 Miscellaneous 51,500.00 6379 MASON - DRVWY ESC REF E 702 - 41400 -310 Miscellaneous 51,000.00 6397 MASON - LNDSCP ESC Total ALPINE HOMES INC 55,000.00 • Unpaid AVENET, LLC E 101 - 41400-390 Contracted Services 5600.00 12874 12 MONTH SVC PKG THRU 9/30/07 Total AVENET, LLC 5600.00 . ........ _... . Unpaid BEAR ALARMS E 601- 49400 -390 Contracted Services 537.27 2321 CHANGE USER CODES/PEOPLE SERVI • E 602 - 49450-390 Contracted Services $37.28 2321 CHANGE USER CODES/PEOPLE SERVI Total BEAR ALARMS $74.55 Unpaid BONESTROO ROSENE ANDERLIK E 430 - 43256 -302 Engineering Fees 53,304.72 133924 WWTF, WEST, PHASE 1 E 432 - 43256-302 Engineering Fees 529,064.20 133925 WWTF, EAST, PHASE 3 Total BONESTROO ROSENE ANDERLIK 532,368.92 Unpaid BRAUN INTERTEC E 444- 43100 -302 Engineering Fees $1,378.25 266555 TRUNK WTMN & FRCMN E 485 - 43100 -302 Engineering Fees $1,484.50 266894 CSAH 42 RECONSTRUCTION Total BRAUN INTERTEC 52,862.75 Unpaid BROCK WHITE CO LLC E 203 - 45210 -530 Improvements Other Than Bldgs $35.39 11554230 SINGLE NET WHITE BLANKET Total BROCK WHITE CO LLC $35.39 Unpaid BULOW INC R 602 -37200 Sewer Sales 52,274.15 WH COOP W/S REIMBURSEMENT R 601 -37150 WATER SALES $4,223.42 WH COOP W/S REIMBURSEMENT Total BULOW INC $6,497.57 CITY OF OTSEGO 09/07/06 11:01 AM Page 2 *Check Detail Register© SEPTEMBER 2006 Check Amt Invoice Comment Unpaid CASTLEROCK COMPANIES INC. E 702 -41400 -310 Miscellaneous $1,000.00 7386 LAMBERT - ESCROW REFUND Total CASTLEROCK COMPANIES INC. $1,000.00 Unpaid CHARTER COMMUNICATIONS E 101 -41400 -390 Contracted Services $119.06 MONTHLY SERVICE Total CHARTER COMMUNICATIONS $119.06 Unpaid CHRISTIAN BUILDERS INC E 702 -41400 -310 Miscellaneous $2,500.00 12090 74TH ST LNDSCP E 702 - 41400 -310 Miscellaneous $2,500.00 12236 72ND - ESCROW REFUND Total CHRISTIAN BUILDERS INC $5,000.00 • Unpaid CI TY O M ONTICELLO E 213 - 42200 -390 Contracted Services $4,882.50 10207 3RD QTR 2006 FIRE CONTRACT Total CITY OF MONTICELLO $4,882.50 Unpaid CITY OF OTSEGO G 601 -10150 Change Fund $150.00 ESTABLISH PETTY CASH FOR UTIL G 602 -10150 Change Fund $150.00 ESTABLISH PETTY CASH FOR UTIL Total CITY OF OTSEGO $300.00 'npaid COBORNS INC E 250 -42410 -310 Miscellaneous $100.64 DRY CLEANING Total COBORNS INC $100.64 • Unpaid COURI MACARTHUR LAW OFFICE E 101 -41700 -301 Legal Services $2,692.00 GENERAL E 250 -42410 -301 Legal Services $1,859.00 DRAINAGE - QUEENS AVE G 701 -22487 ROLFE - FEEDLOT SETBACK VARI $55.00 FEEDLOT SETBACK G 701 -22315 RIVERWOOD NATIONAL $72.50 RIVERWOOD NATL G 701 -22422 ROTTLUND HOMES $72.50 WILDFLOWER G 701 -22465 GREAT RIVER CTR $261.00 RYAN G 701 -22492 RIVERBEND SOUTH - DARKENWAL $275.00 RIVERBEND SOUTH G 701 -22308 Verizon $297.00 VERIZON G 701 -22426 FIN PLAT ARBOR CRK 3 $493.00 ARBOR CREEK 3 G 701 -22479 RIVERPLACE 3RD ADDITION $551.00 RIVERPLACE 3 G 701 -22328 WATERFRONT EAST $754.00 WATERFRONT EAST G 701 -22465 GREAT RIVER CTR $261.00 GREAT RIVER CTR E 602 -49450 -301 Legal Services $22.00 ITRON CONTRACT E 475 -43100 -301 Legal Services $638.00 MISSISSIPPI SHORES VACATION E 60149400 -301 Legal Services $22.00 ITRON CONTRACT E 414 -43100 -390 Contracted Services $330.00 MUELLER - SEPTIC E 485 -43100 -301 Legal Services $3,652.00 QUEENS AVENUE IMP E 485 - 43100 -301 Legal Services $3,366.00 CSAH 42 E 48543100 -301 Legal Services $609.00 MIDWEST STATION II E 48543100 -301 Legal Services $143.00 QUALE AVENUE G 701 -22462 DUKE REALTY $2,624.50 GATEWAY NORTH G 701 -22445 RIVER PLACE 11 $58.00 RIVERPLACE 2 E 444 -43100 -301 Legal Services $165.00 FORCEMAIN E 25042410 -311 Ping & Eng. - 101Traffic Study $116.00 D & Y E 406 -43100 -301 Legal Services $1,738.00 DRAINAGE PROJECT 2003 E 25042410 -311 Ping & Eng. - 101Traftic Study $275.00 HWY 101 E 101 - 41700 -301 Legal Services $88.00 ROSEN VEHICLE DAMAGE E 101 -41700 -301 Legal Services $473.00 BONDING G 701 -22392 MISSISSIPPI COVE $2,856.50 MISSISSIPPI COVE E 101 -41700 -301 Legal Services $308.00 LIQUOR E 101 -41700 -301 Legal Services $143.00 MONTICELLO TWNSHP CITY OF OTSEGO 09/07/06 11:01 AM Page 3 *Check Detail Register© SEPTEMBER 2006 Check Amt Invoice Comment E 101 -41700 -301 Legal Services $143.00 SCHOOL DISTRICT Total COURI MACARTHUR LAW OFFICE $25,413.00 ..� Unp CUB FOODS ELK RIVER E 101 -41400 -203 Supplies - General $84.47 COFFEE, CLEANER Total CUB FOODS ELK RIVER $84.47 Unpaid DENNIS FEHN GRAVEL & EXCAVAT E 48543100 -530 Improvements Other Than Bldgs $1,758.00 19755 DITCH CLEANING - METRO INS. Total DENNIS FEHN GRAVEL & EXCAVAT $1,758.00 Unpaid DISTINCTIVE DESIGN IRRIGATION E 20345210 -530 Improvements Other Than Bldgs $13,679.65 576 SCHOOL KNOLL IRRIGATION Total DISTINCTIVE DESIGN IRRIGATION $13,679.65 Unpaid DIVERSIFIED METAL FABRICATORS E 203 -45210 -501 Equipment $4,367.00 12670 PARK & PICNIC TABLES - SCHOOL Total DIVERSIFIED METAL FABRICATORS $4,367.00 — Unpaid DJ'S TOTAL HOME CENTER E 101 -43100 -210 Operating Supplies (GENERAL) $14.91 14872 FASTENERS Total DJ'S TOTAL HOME CENTER $14.91 Unpaid ECM PUBLISHERS INC E 485 - 43100 -351 Legal Notices Publishing $152.90 221374 QUEENS AVE CONSTRUCTION E 101 -41400 -350 Print/Binding (GENERAL) $368.35 221377 LEGAL - ORDINANCE E 10141400 -347 Newsletter $136.40 221386 INSERTS E 485 -43100 -351 Legal Notices Publishing $208.50 222097 BIDS - 42 TRAFFIC SIGNAL E 444 -43100 -351 Legal Notices Publishing $236.30 222098 BIDS - 65TH DUAL FORCEMAIN • E 444 -49400 -351 Legal Notices Publishing $194.60 222100 BIDS- WATER TOWER 3 E 101 -41410 -350 Print/Binding (GENERAL) $97.30 222102 NOTICE OF PUBLIC TESING E 101 -41400 -347 Newsletter $414.65 222126 OTSEGO VIEW • Total ECM PUBLISHERS INC $1,809.00 Unpaid ELK RIVER MUNICIPAL UTILITIES E 60249450 -322 Utilities $15.98 8980 QUANTRELLE LIFT STATION • Total ELK RIVER MUNICIPAL UTILITIES $15.98 Unpaid ELK RIVER PRINTING & PARTY PLU E 602 -49450 -350 Print/Binding (GENERAL) $224.19 23832 W/S ENVELOPES /LETTER E 601 -49400 -350 Print/Binding (GENERAL) $224.18 23832 W/S ENVELOPES /LETTER Total ELK RIVER PRINTING & PARTY PLU $448.37 Unpaid ENDE SEPTIC SERVICE LLC E 101- 45200 -390 Contracted Services $225.00 1132 PUMP OUT FOOTING TUBES - KIT P Total ENDE SEPTIC SERVICE LLC $225.00 Unpaid EULLS MANUFACTURING CO INC E 203 -45210 -530 Improvements Other Than Bldgs $133.33 68207 STORM SWR CONST. E 203 -45210 -530 Improvements Other Than Bldgs $7.88 68436 STORM SWR CONST Total EULLS MANUFACTURING CO INC $141.21 Unpaid FENNA HOMES E 70241400 -310 Miscellaneous $1,500.00 11587 - 75TH DRIVEWAY ESC REF Total FENNA HOMES $1,500.00 Unpaid FINKEN'S WATER CARE E 101 - 41940 -390 Contracted Services $115.67 CITY HALL E 101 -43100 -390 Contracted Services $44.58 PW CITY OF OTSEGO 09/07/06 11:01 AM Page 4 *Check Detail Register© SEPTEMBER 2006 • Check Amt Invoice Comment Total FINKEN'S WATER CARE $160.25 Unpaid GLENS TRUCK CENTER INC E 101 -43100 -220 Repair /Maint Supply (GENERAL) $8.05 127229 TRUCK PARTS Total GLENS TRUCK CENTER INC $8.05 Unpaid --.•,. , - HAKANSON ANDERSON INC -_ ------ „ - G 701 -22419 ZIMMER 4TH $923.47 19073 ZIMMER FARMS 4 G 701 -22426 FIN PLAT ARBOR CRK 3 $328.88 19074 ARBOR CREEK 3 G 701 -22356 KITTR CROSS PPRZ $491.53 19075 KITTREDGE CROSSING G 701 -22384 FOREST HILLS $82.50 19076 FOREST HILLS G 701 -22406 KITCROSS 5/6 $714.83 19077 KITTREDGE 5 & 6 G 701 -22432 OTSEGO PRESERVE III $129.05 19078 OTSEGO PRESERVE 3 • G 701 -22392 MISSISSIPPI COVE $972.17 19079 DAVIS MISSISSIPPI COVES G 701 -22361 SUN RAY FARMS $200.00 19082 SUNRAY FARMS G 701 -22366 MARTIN FARMS $2,384.31 19083 MARTIN FARMS G 701 -22374 KITTREDGE FINAL $200.00 19084 KITTREDGE 2,3 & 4 G 701 -22387 ARBOR PLACE PPREZONE $41.25 19086 ARBOR PLACE G 701 -22451 BOULDER CREEK - EMMERICH EA $15.71 19087 BOULDER CREEK G 701 -22397 SUNRAY FARMS 2ND $200.00 19088 SUNRAY FARMS 2 G 701 -22463 ARBOR CREEK 4TH $70.97 19090 ARBOR CREEK 4 G 701 -22474 CRIMSON PONDS WEST 2ND ADD $680.61 19091 CRIMSON PONDS WEST 2 G 701 -22401 ZIMMERFARMS 3RD $2,286.51 19092 ZIMMER FARMS 3 G 701 -22349 ARBOR CREEK $200.00 19093 ARBOR CREEK G 701 -22422 ROTTLUND HOMES $717.59 19094 ROTTLUND HOMES G 701 -22433 ZIMMER FARMS 5 /PHASE 4 $829.67 19095 ZIMMER FARMS 5 G 701 -22396 ARBOR CREEK 2ND $896.10 19096 ARBOR CREEK 2 G 701 -22413 OTSEGO PRESERVE II $170.30 19098 OTSEGO PRESERVE 3 G 701 -22377 OTSEGO PRESERVE $882.50 19099 OTSEGO PRESERVE G 701 -22434 Crimson Ponds West $2,006.10 19103 CRIMSON PONDS WEST G 701 -22369 DR H ZIMMER PROP $2,983.95 19104 ZIMMER FARMS G 701 -22465 GREAT RIVER CTR $10,235.02 19105 GREAT RIVER CTR G 701 -22445 RIVER PLACE it $1,985.14 19106 RIVERPLACE 2 G 701 -22467 ZIMMER FARMS 6 $4,208.50 19107 ZIMMER FARMS 6 • G 701 -22462 DUKE REALTY $2,006.21 19108 DUKE - ROLLING MEADOWS G 701 -22380 RIVERPLACE 1ST $527.31 19109 RIVERPLACE E 485 -43100 -302 Engineering Fees $22,516.18 19110 CSAH 42 IMPROVEMENT G 701 -22315 RIVERWOOD NATIONAL $3,194.22 19111- RIVERWOOD NAT'L G 701 -22393 REMINGTON COVES $3,677.83 19112 REMINGTON COVES G 701 -22409 PLEASANT CRK 3RD $572.31 19113 PLEASANT CREEK 3 E 444 -43100 -302 Engineering Fees $8,510.35 19114 WTMN & FRCMN - 101 FRTG RD E 203 -45210 -302 Engineering Fees $432.14 19115 CITY PARKS TOPO SURVEY G 701 -22353 PLFRM ORRIN THOMP $86.63 19116 PLEASANT CREEK 2 G 701 -22408 Prairie Creek 6th $207.76 19117 PRAIRIE CREEK 6 E 428 -49400 -302 Engineering Fees $57.75 19119 W PUMP HSE /PNEUM TANK E 430 -43256 -302 . Engineering Fees $160.00 19120 W SWR PLANT DISTRICT PLANNING E 430 -43256 -302 Engineering Fees $115.50 19121 W LIFT STATION El E 444 -43100 -302 Engineering Fees $25,036.05 19123 65TH ST DUAL FORCEMAIN G 701 -22394 DUERR PROP $190.13 19124 DUERR CREEK E 101 -41560 -302 Engineering Fees $1,195.60 19125 STAFF MEETINGS G 701 -22486 BOB'S PRODUCE $159.50 19126 BOB'S PRODUCE G 701 -22452 NEXTEL LEASE $263.35 19126 NEXTEL E 101 - 41560 -302 Engineering Fees $154.45 19126 MONTICELLO TWNSHP REVIEW OF CU G 701 -22490 WRT CTY HWY DEPT STORAGE $47.13 19126 COUNTY SHED REVIEW E 444 -49400 -302 Engineering Fees $17,586.26 19127 WATER TOWER #3 E 480 - 43100 -302 Engineering Fees $4,875.76 19129 194 /ALBERTVILLE TRAFFIC STUDY E 475 - 43100 -302 Engineering Fees $7,462.73 19131 COMM FRTG RD IMPROVEMENTS CITY OF OTSEGO 09/07/06 11:01 AM Page 5 *Check Detail Register© SEPTEMBER 2006 Check Amt Invoice Comment E 475 - 43100 -302 Engineering Fees $10,135.70 19132 WFE UTILITIES E 444 -43100 -302 Engineering Fees $3,322.59 19133 101/37/42 SS & WTR BORINGS G 701 -22415 NORIN'S LANDING $830.54 19137 NORIN'S LANDING G 701 -22492 RIVERBEND SOUTH - DARKENWAL $387.02 19138 RIVERBEND SOUTH - DARKENWALD G 701 -22493 RIVERBEND NORTH - DARKENWAL $387.03 19138 RIVERBEND NORTH - DARKENWALD E 490 -49400 -302 Engineering Fees $8,047.18 19139 W/S IMPR -194 W IND PARK E 490 -49450 -302 Engineering Fees $8,047.18 19139 W/S IMPR - 194 W IND PARK E 101 -41560 -302 Engineering Fees $452.66 19141 ENGINEERS MANUAL E 444 -43100 -302 Engineering Fees $17,066.46 19142 SS & WTRMN - 42/101 E 485 -43100 -302 Engineering Fees. $12,310.82 19144 QUEENS AVE IMPROVEMENT E 426 -43100 -302 Engineering Fees $1,377.77 19145 QUADAY AVE - 78 TO CSAH 37 E 250 -42410 -311 Ping & Eng. - 101Traffic Study $887.22 19146 TRUNK HWY 101 • G 701 -22479 RIVERPLACE 3RD ADDITION $1,264.52 19149 RIVERPLACE 3 E 485 - 43100 -302 Engineering Fees $8,347.80 19150 QUEENS AVE DRAINAGE E 444 -43100 -302 Engineering Fees $160.00 19152 SEWER & WATER BOND E 101 -41560 -302 Engineering Fees $439.37 19152 MISC ENGINEERING E 601 -49400 -302 Engineering Fees $85.33 19152 EAST WWTP WATER CONN G 701 -22415 NORIN'S LANDING $100.00 19174 NORIN'S LANDING Total HAKANSON ANDERSON ASSOC INC $207,521.00 WPM* iii EMISANIVIO! - Unpaid HEARTLAND TIRE SERVICE INC E 101 -43100 -220 Repair/Maint Supply (GENERAL) $15.81 24507 FLAT REPAIR E 101 -43100 -220 Repair/Maint Supply (GENERAL) $2,381.99 24579 TIRES Total HEARTLAND TIRE SERVICE INC $2,397.80 Unpaid HOMES PLUS E 702 -41400 -310 Miscellaneous $2,500.00 11523 77TH - ESCROW REFUND E 702 - 41400 -310 Miscellaneous $2,500.00 11599 75TH STREET LNDSCP Total HOMES PLUS $5,000.00 Unpaid 194 WEST CHAMBER OF COMMERCE E 101 -41400 -355 Dues & Memberships $260.00 06-07 MEMBERSHIP Total 194 WEST CHAMBER OF COMMERCE $260.00 Unpaid m LEAGUE OF MN CITIES E 101- 41400 -355 Dues & Memberships $7,643.00 ANNUAL MEMBERSHIP DUES E 101 - 41100 -355 Dues & Memberships 520.00 MAYOR'S MEMBERSHIP DUES E 101- 41100 -360 Education/Training /Conferences $35.00 26994 REGIONAL MTG REG - MARK THORST Total LEAGUE OF MN CITIES $7,698.00 Unpaid LONG & SONS E 101 -41940 -203 Supplies - General $143.47 06 -275 SUPPLIES E 101- 41940 -389 Cleaning Services $745.50 06 -275 MONTHLY CLEANING SVC Total LONG & SONS $888.97 Unpaid MARTIES FARM SE INC E 101 -43100 -220 Repair /Maint Supply (GENERAL) $171.00 49185 SEED - NASHUA PATH E 101 -43100 -220 Repair/Maint Supply (GENERAL) $171.00 49558 SEED - NASHUA PATH E 101 -43100 -220 Repair /Maint Supply (GENERAL) $110.76 57239 SEED - NASHUA PATH Total MARTIES FARM SERVICE INC $452.76 Unpaid --------11ARTIN ADMINISTRATORS E 101 -41400 -390 Contracted Services $65.00 MONTHLY FEE Total MARTIN BENEFIT ADMINISTRATORS $65.00 Unpaid MBPTA E 250 - 42410 -360 Education /Training /Conferences $60.00 BARB - 11/14 CEU COURSE E 250 -42410 -360 Education/Training /Conferences $75.00 TIM -11/14 CEU COURSE CITY OF OTSEGO 09/07/06 11:01 AM Page 6 *Check Detail Register© SEPTEMBER 2006 Check A Invoice Comment Total MBPTA $135.00 Unpaid MENARDS E 203 -45210 -530 Improvements Other Than Bldgs $578.99 91168 SCHOOL KNOLL IRRIGATION PARTS E 203 -45210 -530 Improvements Other Than Bldgs $57.75 91221 SCHOOL KNOLL IRRIGATION PARTS E 101 -45200 -210 Operating Supplies (GENERAL) $12.31 92667 OPERATING SUPPLIES Total MENARDS $649.05 Unpaid MERGES ANDREW E 101 -41550 -390 Contracted Services $2,750.00 YEAR END ADJUSTMENT E 101 -41550 -390 Contracted Services $4,916.66 AUG 2006 ASSESSING WORK Total MERGES ANDREW $7,666.66 Unpaid MERIT CUSTOM HOMES E 702 - 41400 -310 Miscellaneous $1,000.00 7735 LANDER - LNDSCP ESC Total MERIT CUSTOM HOMES $1,000.00 Unpaid MN DEPARTMENT OF HEALTH - WATE E 601 -49400 -375 WATER TEST FEE 52,108.00' 3RD QTR WATER SUPPLY CONN FEE Total MN DEPARTMENT OF HEALTH - WATE $2,108.00 Unpaid MN DEPT OF NATL RESOURCES E 408 - 43100 -310 Miscellaneous $600.00 201186 APP FEE - OTSEGO CREEK CULVERT Total MN DEPT OF NATL RESOURCES $600.00 Unpaid MONTICELLO ANIMAL CONTROL E 101 - 42710 -390 Contracted Services $175.00 631 ANIMAL CONTROL Total MONTICELLO ANIMAL CONTROL $175.00 Unpaid NAPA OF ELK RIVER INC E 101 -43100 -220 Repair /Maint Supply (GENERAL) $36.36 235656 HOSE ENDS E 101 -43100 -220 Repair /Maint Supply (GENERAL) . $1.24 237316 CAP SCREW E 101 -43100 -220 Repair /Maint Supply (GENERAL) $2.90 239499 SCREWS /FLAT WASHER Total NAPA OF ELK RIVER INC $40.50 Unpaid NODLAND CONSTRUCTION CO INC E 203 -45210 -530 Improvements Other Than Bldgs $550.00 2006 -7 TAP 2" CORP W /SADDLE - SCHOOL Total NODLAND CONSTRUCTION CO INC $550.00 Unpaid OERTEL ARCHITECTS E 44143100 -302 Engineering Fees $5,891.09 #12 PUBLIC WORKS STUDY Total OERTEL ARCHITECTS $5,891.09 Unpaid OFFICEMAX E 250 - 42410 -201 Office Supplies $23.42 356370 SELF INK STAMP E 101 -41400 -201 Office Supplies $105.85 438931 OFFICE SUPPLIES E 101 -41400 -201 Office Supplies $10.64 439137 EXTENSION CORD E 101 - 41400 -201 Office Supplies $108.94 665106 ADMIN SUPPLIES E 101 -41600 -201 Office Supplies $43.05 665106 FIN SUPPLIES E 101 - 41400 -201 Office Supplies $69.20 665609 INK CARTRIDGES E 101 - 41400 -570 Office Equip and Furnishings $916.97 916.97 CORK BOARDS Total OFFICEMAX $1,278.07 Unpaid ,r.��..f :. ., . '. P P OWER ,.. .., :...: . n*amn,'.�..� ..,.w".. E 101 -41400 -206 Postage $518.99 POSTAGE Total PURCHASE POWER $518.99 Unpaid QUICK FUEL FLEET SERVICES E 101 -43100 -202 Gas & Oil $239.21 91505 GAS FUEL CITY OF OTSEGO 09/07/06 11:01 AM Page 7 *Check Detail Register© SEPTEMBER 2006 Check Amt Invoice Comment E 101 -43100 -202 Gas & Oil $5,908.54 93186 DIESEL FUEL E 101 -43100 -202 Gas & Oil $6,285.26 93186 GAS FUEL Total QUICK FUEL FLEET SERVICES $12,433.01 Unpaid RANDY'S SANITATION E 101 -43100 -325 Garbage Service $88.57 13474 95TH ST E 101 -41940 -325 Garbage Service $96.17 8899 NASHUA Total RANDY'S SANITATION $184.74 Unpaid REED BUSINESS INFORMATION E 485 -43100 -351 Legal Notices Publishing $127.20 3360046 BIDS - CSAH 42 TRAFFIC SIGNALS E 444 -49400 -351 Legal Notices Publishing $127.20 3360047 BIDS - TOWER #2 • E 444 -43100 -351 Legal Notices Publishing • $146.28 3360048 BIDS - DUAL FORCEMAIN E 485 -43100 -351 Legal Notices Publishing $127.20 3363983 BIDS - CSAH 42 SIGNALS E 444 -49400 -351 Legal Notices Publishing $127.20 3363984 BIDS - TOWER #3 E 444- 43100 -351 Legal Notices Publishing $146.28 3363985 BIDS - DUAL FORCEMAIN Total REED BUSINESS INFORMATION $801.36 Unpaid ROBOTRONICS, INC. E 101 -41100 -801 CONTINGENCY $1,740.00 38721 MCGRUFF COSTUME Total ROBOTRONICS, INC. $1,740.00 Unpaid ROLFE BUILDERS, INC. E 702 - 41400 -310 Miscellaneous $1,000.00 7335 LAMONT - LNDSCP ESC Total ROLFE BUILDERS, INC. $1,000.00 Unpaid SOFTRONICS E 601 - 49400 -390 Contracted Services $391.67 2179 W/S LABOR E 250 -42410 -201 Office Supplies $41.48 2179 ANTI VIRUS SFTWR - BLDG • E 250 -42410 -390 Contracted Services $1,175.00 2179 BLDG LABOR E 101 -41400 -201 Office Supplies $41.48 2179 ANTI VIRUS SFTWR - CHAMBER E 602 -49450 -390 Contracted Services $391.67 2179 W/S LABOR E 602 -49450 -390 Contracted Services $254.54 2179 W/S BILLING MICROSOFT SFTWR E 601 -49400 -390 Contracted Services $254.54 2179 W/S BILLING MICROSOFT SFTWR E 101 - 41600 -390 Contracted Services $783.33 2179 FIN LABOR E 101 -41600 -201 Office Supplies $70.23 2179 COOLING FAN, ANTI VIRUS SFTWR E 101- 41400 -390 Contracted Services $783.33 2179 ADMIN LABOR Total SOFTRONICS $4,187.27 Unpaid nm _ . r SRF CONSULTING GROUP, INC. E 203 - 45210 -390 Contracted Services $3,831.93 5521 -10 PARKS CONSULTING Total SRF CONSULTING GROUP, INC. $3,831.93 Unpaid SUPERIOR LAWN E 101 - 41940 -390 Contracted Services $1,796.38 893 CITY PROPERTY E 101 - 45200 -390 Contracted Services $4,803.15 893 PARKS E 602 - 49450 -390 Contracted Services $408.96 893 SEWER E 60149400 -390 Contracted Services $408.96 893 WATER Total SUPERIOR LAWN $7,417.45 Unpaid TARGET STORES E 10143100 -403 Improvements to Bldgs $63.89 PHONE Total TARGET STORES $63.89 Unpaid TIRE CENTERS E 10143100 -400 Repairs & Maint Cont (equip) $30.64 2790040760 FLAT REPAIR Total TIRE CENTERS $30.64 CITY OF OTSEGO 09/07/06 11:01 AM Page 8 *Check Detail Register© SEPTEMBER 2006 Check Amt Invoice Comment Unpaid TROPHIES PLUS E 101 -41600 -310 Miscellaneous $12.35 NAME PLATE Total TROPHIES PLUS $12.35 Unpaid UNLIMITED ELECTRIC INC E 250 -42410 -525 Building Improvements $1,338.76 7579 ELEC WORK IN OLD KITCHEN Total UNLIMITED ELECTRIC INC $1,338.76 Unpaid US HOME CORPORATION G 701 -22479 RIVERPLACE 3RD ADDITION $38,600.00 REFUND ESCROW OVERPAYMENT Total US HOME CORPORATION $38,600.00 Unpaid WRIGHT COUNTY AUDITOR- TREASURE E 101 -41410 -205 Election Supplies $82.49 TABLES FOR ELECTIONS E 101 -42100 -390 Contracted Services $48,666.67 PATROL -06 -9 SHERIFF PATROL FOR SEPT. Total WRIGHT COUNTY AUDITOR- TREASURE $48,749.16 Unpai _ XEROX CORPORATION E 101 - 41400 -413 Office Equipment Rental $516.97 19571764 XEROX COPIER Total XEROX CORPORATION $516.97 10100 BANK OF ELK RIVER $475,836.86 and Summary 10100 BANK OF ELK RIVER 101 GENERAL FUND $102,738.99 203 PARK DEVELOPMENT $23,674.06 213 Monticello Fire District $4,882.50 250 BUILDING PERMIT FEES $6,536.52 406 Lefebvre Watershed $1,738.00 • 408 Otsego Creek Watershed $600.00 414 Revolving Capital Improvements $330.00 • 426 Quaday & CSAH 37 $1,377.77 428 WEST WATER PROJ $57.75 430 West Trtmnt Plant -Phase 1 $3,580.22 432 East WWTP Phase III $29,064.20 441 Otsego City Campus $5,891.09 444 SE Utilities Project $74,202.82 475 Waterfront East/Miss. Shores $18,236.43 480 I94/CASH 37 Project $4,875.76 485 Street Impr. Fund - 2006 $54,803.10 490 i94 Industrial Park $16,094.36 601 WATER FUND $7,905.37 602 SEWER FUND $3,778.77 701 DEVELOPMENT ESCROWS FUND $95,969.15 702 BUILDERS ESCROW FUND $19,500.00 $475,836.86 CITY OF OTSEGO 08/31/06 3:02 PM Page 1 *Check Summary Register© AUGUST 2006 Name Check Date Check Amt 10100 BANK OF ELK RIVER UnPaid EUGENE & DAWN GOENNER $86.37 ESCROW REFUND UnPaid MBPTA $50.00 BARB - MEMBERSHIP Total Checks $136.37 FILTER: None • • • • • CITY OF OTSEGO 08/31/06 3:03 PM Page 1 *Check Detail Register© AUGUST 2006 Check Amt Invoice Comment 10100 BANK OF ELK RIVER Unpaid EUGENE & DAWN GOENNER G 701 -22472 EUGENE GOENNER REZONE /CUP $86.37 ESCROW REFUND Total EUGENE & DAWN GOENNER $86.37 Un paid MBPTA E 250 -42410 -355 Dues & Memberships $50.00 BARB - MEMBERSHIP Total MBPTA $50.00 10100 BANK OF ELK RIVER $136.37 Fund Summary • .10100 BANK OF ELK RIVER 250 BUILDING PERMIT FEES $50.00 701 DEVELOPMENT ESCROWS FUND $86.37 $136.37 • • CITY OF OTSEGO 08/31/06 2:19 PM Page 1 *Check Summary Register® AUGUST 2006 Name Check Date Check Amt 10100 BANK OF ELK RIVER UnPaid DEPT OF LABOR & INDUSTRY $280.00 NOV 2 & 3 SEMINARS - DAVE UnPaid ICMA RETIREMENT TRUST $592.31 PPE 8/26/06 CH DTD 8/30/06 UnPaid JERRY OLSON $1,275.00 INSP SVC 8/14/06 THRU 8/23/06 UnPaid PUBLIC EMPLOYEES RETIREME $3,551.55 PPE 8/26/06 CH DTD 8/30/06 UnPaid UNITED STATES POSTAL SERVI $1,660.00 ANNUAL MAILING FEE Total Checks $7,358.86 • • FILTER: None • • • CITY OF OTSEGO 08/31/06 2:19 PM Page 1 *Check Detail Register© AUGUST 2006 Check Amt Invoice Comment 10100 BANK OF ELK RIVER Unpaid DEPT OF LABOR & INDUSTRY E 250 -42410 -360 Education/Training /Conferences $70.00 OCT 11 & 12 SEMINARS - TIM E 250 -42410 -360 Education/Training /Conferences $70.00 OCT 11 & 12 SEMINARS - JOE E 250 -42410 -360 Education/Training /Conferences $70.00 OCT 11 & 12 SEMINARDS - HAROLD E 250 -42410 -360 Education/Training /Conferences $70.00 NOV 2 & 3 SEMINARS - DAVE Total DEPT OF LABOR & INDUSTRY $280.00 Unpaid ICMA RETIREMENT TRUST G 101 -21705 Other Retirement $400.00 PPE 8/26/06 CH DTD 8/30/06 E 101 -41400 -121 PERA $192.31 PPE 8/26/06 CH DTD 8/30/06 Total ICMA RETIREMENT TRUST $592.31 Unpaid JERRY OLSON E 250 - 42410 -390 Contracted Services $1.275.00 INSP SVC 8/14/06 THRU 8/23/06 Total JERRY OLSON $1,275.00 Unpaid PUBLIC EMPLOYEES RETIREMENT FD E 250 -42410 -121 PERA $715.96 PPE 8/26/06 CH DTD 8/30/06 G 101 -21704 PERA $1,698.56 PPE 8/26/06 CH DTD 8/30/06 E 101 -43100 -121 PERA $563.10 PPE 8/26/06 CH DTD 8/30/06 E 101 -41400 -121 PERA $310.23 PPE 8/26/06 CH DTD 8/30/06 E 101 -41600 -121 PERA $263.70 PPE 8/26/06 CH DTD 8/30/06 Total PUBLIC EMPLOYEES RETIREMENT FD $3,551.55 Unpaid UNITED STATES POSTAL SERVICE E 101 -41400 -206 Postage $1,500.00 POSTAGE E 101 -41400 -206 Postage $160.00 ANNUAL MAILING FEE Total UNITED STATES POSTAL SERVICE $1,660.00 10100 BANK OF ELK RIVER $7,358.86 Fund Summary 10100 BANK OF ELK RIVER 101 GENERAL FUND $5,087.90 • • 250 BUILDING PERMIT FEES $2,270.96 $7,358.86 ITEM 5_2 jiii Bonestroo 2335 West Highway 36 • St. Paul, MN 55113 • Rosene Office: 651- 636 -4600 • Fax: 651-636-1311 Anderlik & www.bonestroo.com Associates AUK 9 4 2006 & Architects s By g to Oty August 17, 2006 City of Otsego 8899 Nashua Avenue NE ' Otsego, MN 55330 -7314 Re: Services rendered July 9, 2006 through August 5, 2006 Please find enclosed our invoices dated August 17, 2006; for the projects listed below. These invoices are due within 30 days. Project Name Invoice No. Amount 000503- 02107 -0 WWTF, West, Phase 1 133924 $3,304.72 000503- 04108 -0 WWTF, East, Phase 3 133925 $29,064.20 Total Amount Due: $32,368.92 Thank you for allowing us to provide our services to your community. If you have questions regarding these invoices, please contact me at 651- 636 - 4600. Sincerely, BONESTROO, ROSENE, ANDERLIK & 'ASSOCIATES, INC. 0 Karen A. Cavett Project Manager Enclosures . • St. Paul, St. Cloud, Rochester, Willmar, MN • Milwaukee, WI • Chicago, IL Affirmative Action /Equal Opportunity Employer and Employee Owned Bonestroo 2335 West Highway 36 Rosene St. Paul, MN 55113 IN Andertik & Office: 651- 636 -4600 • Fax: 651 - 636 -1311 Associates www.bonestroo.com Engineers & Architects August 17, 2006 Invoice No 133924 City of Otsego 8899 Nashua Avenue NE Invoice Amt: $3,304.72 Otsego, MN 55330 -7314 Project 000503- 02107-0 Otsego Wastewater Treatment Facility, West, Phase 1 ' Professional Services from July 9, 2006. to August 5, 2006 O &MManual Hours Rate Amount Engineering Technician 11.50 66.00 759.00 Total Labor 11.50 759.00 Total this Phase $759.00 ... Direct Project Expenses Wentz Associates, Inc 2,545.72 Total Consultants 2,54522 • Total this Phase $2,545.72 Total this Invoice $3,30422 Billings to Date Current Prior Total • Fee 0.00 306,800.00 306,800.00 Hourly 759.00 411,02138 411,78038 Consultant 2,545.72 5,586.69 8,132.41 Expenses 0.00 19,631.11 19,631.11 Totals 3,304.72 743,039.68 746,344.40 • St. Paul, St. Cloud, Rochester, MN • Milwaukee, WI • Chicago, IL Bonestroo 2335 West Highway 36 Rosene st. Paul, MN 55113 NI Anderllk & O ffice: 651 - 636 -4600 • Fax: 651- 636 -1311 Associates www.bonestroo.com Engineers & Architects August 17, 2006 Invoice No 133925 City of Otsego 8899 Nashua Avenue NE Invoice Amt: $29,064.20 Otsego, MN 55330 -7314 Project 000503- 04108 -0 Otsego East Wastewater Treatment Facility, East, Phase 3 Professional Services from July 9, 2006 to August 5, 2006' • Construction Admin Hours Rate Amount Project Manager • 5.00 120.00 600.00 Project Manager 6750 112.00 7,560.00 Inspector 2150 72.00 1,548.00 Inspector 1050 60.00 , 630.00. - Engineering Technician 2.00 89.00 178.00 Engineering Technician 21.00 66.00 1,386.00 Project Technician 1.25 5050 63.13 ' Total Labor 128.75 11,965.13 Total this Phase $11,965.13 . O &M Manuals . Hours Rate Amount Engineering Technician 10.00 66.00 660.00 Engineering Technician • 86.00 60.00 5,160.00 Total Labor 96.00 • 5,820.00 Total this Phase . $5,820.00 Inspection Hours Rate Amount Field Supervisor ' . 1050 80.00 840.00 • Inspector 11950 84.00 , 10,038.00 Total Labor 130.00 10,878.00 Total this Phase $10,878.00 Direct Project Expenses Mileage 365.58 • St. Paul, St. Cloud, Rochester, MN • Milwaukee, WI • Chicago, IL Project 000503- 04108 -0 Otsego East Wastewater Treatment Facility, Invoice 133925 East, Phase 3 Printing 14.17 Telephone 21.32 Total Direct Project Expenses 401.07 Total this Phase $401.07 • Total this Invoice $29,064.20 Billings to Date Current Prior Total Fee 0.00 381,000.00 381,000.00 Hourly 28,66113 365,750.01 394,413.14 Consultant 0.00 4,371.45 4,371.45 Expenses 401.07 21,857.11. 22,258.18 Totals 29,064.20 772,97857 802,042.77 • • • • • • St. Paul, St. Cloud, Rochester, MN • Milwaukee, WI • Chicago, IL Page 2 17, I�' IS 5 3 Invoice A UG 2 : 2006 I SRF Consulting Group, Inc B One Carlson Parkway North, Suite 150, Minneapolis, Minnesota 554474443 (763) 475 - 2429 FAX Invoice Date: 7/31/2006 Invoice No: 5521 -10 Mr. Mike Robertson City Administrator CITY OF OTSEGO 8899 N.E. Nashua Avenue Otsego MN 55330 Re: Otsego Parks Professional services for the period endino.Jul 31, 2006 Task: 0160 Parks / Open Space / Trails Hours Rate Amount Grieshaber, Kenneth J Sr. Assoc. /L. Arch. 5.00 129.29 646.45 Erickson, Troy R Sr. Engineer 21.50 102.83 2,210.85 Wold, Timothy B Sr. Landscape Arch. 11.00 78.80 866.80 Total SRF Professional Services - Current Period 37.50 3,724.10 Reimbursable Expenses Mileage - PersonalEmployee 103.24 Postage 4.59 Total Reimbursables - Current Period 107.83 Budget Status Total Billed Billing Previously This • Budget To -date Billed Invoice Total Billings 87,500.00 82,118.09 78,286.16 3,831.93 Remaining 5,381.91 Total this task $3,831.93 Task: 1160 Additional Services Total this task $0.00 Total Amount Due This Invoice I $3,831.93 I ITEM 5 -4 Bonestroo Owner: City of Otsego, 8899 Nashua Avenue NE, Otsego, MN, 55330 -7314 Date August 23, 2006 1111:311 Rosene 11 Anderlik & Contractor: Gridor Construction Inc, 3990 27th St SE, Buffalo, MN, 55313 Associates ineers & Architects Bond Company: Liberty Mutual Insurance Company, Interchange Coroporate Center, 450 Plymouth Rd. Bond No: 190 -013 -847 CHANGE ORDER NO. 5 OTSEGO EAST WASTEWATER TREATMENT FACILITY BRA FILE NO. 000503- 04108 -0 Descriution of Work This Change Order provides for replacement of the low voltage transformer in the U.V. Building that was damaged by flood water. Contract Unit '' Total No. Item • Unit Quantity Price ' Amount CHANGE ORDER NO. 5 1 REPLACE U.V. TRANSFORMER LS 1 $3,816.00 53,816.00 TOTAL CHANGE ORDER NO. 5: 53,816.00 • 50304108CO5.xls Original Contract Amount $9,195,300.00 evious Change Orders $55,168.00 nis Change Order $3,816.00 Revised Contract Amount (including this change order) $9,254,284.00 CHANGE IN CONTRACT TIMES Original Contract Times: Substantial Completion (days or date): Ready for final. Payment (days or date): Increase of this Change Order: Substantial Completion (days or date): Ready for final Payment (days or date): Contract Time with all approved Change Orders: Substantial Completion (days or date): Ready for final Payment (days or date): Recommended for Approval by: ''ONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Date: S (Z-14O(Q Approved by Contractor: Approved by Owner: GRIDOR CONSTRUCTION INC CITY OF OTSEGO Jf# 1L 8 9 .-¢ o(: Date Date cc: Owner Contractor Bonding Company Bonestroo & Assoc. 50304108CO5.xls ITEM 5_5 CITY OF ROGERS (763) 428 -3500 • Fax: (763) 428 -2534 21201 Memorial Drive • Rogers, Minnesota 55374 FIRE DEPARTMENT August 7 2006 Judy Hudson City of Otsego • • 8899 Nashua Avenue NE Otsego, MN 55330 Re: 2007 Fire Contract Rate Dear Ms. Hudson: The City of Rogers Fire Department service contract rate will remain the same as the current contracts on file from 1994. Based on the current rate, the 2007 Fire Contract for Otsego will be: $19,895.35 The following information was supplied to our Fire Chief, by your office, and was used in preparing the 2007 contract amount: Market Value: $45,216,700 Calculation: $45,216,700 x .00044 = $19,895.35 This invoice is due and payable by July 15, 2007, unless other arrangements have been made. If you should have any questions, please feel free to contact me at 763 -428 -2253. Sincerely, Stacy Doboszenski Assistant City Administrator/ City Clerk ITEM 5_6 RESOLUTION NO. 2006 -67 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA A RESOLUTION SETTING A PRELIMINARY TAX LEVY OF $2,986,000 FOR 2007 BUDGET APPROPRIATIONS WHEREAS, The Otsego City Council is required by State law to establish a preliminary tax levy for 2007 by September 15, 2006. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF OTSEGO, MINNESOTA 1. That there is hereby approved for proposed expenditure from general taxes the following sums for the purpose indicated. General Government $ 2,482,980 1999 Overlay Debt Service $ 40,000 2003 Debt Service $ 275,000 Equipment $ 170,000 Total Tax Levy $ 2,968,000 2. That a copy of this resolution be transmitted to the Wright County Auditor. Dated this 11 day of September, 2006 CITY OF OTSEGO Larry Fournier, Mayor ATTEST: Judy Hudson, City Clerk ITEM 5 - Darrel A. Farr a ELOPMENT • CORPORATION ij ` .200 6 By �� Ir►;, August 30, 2006 coot, Ms. Judy Hudson City Clerk CITY OF OTSEGO 8899 NE Nashua Avenue Otsego, Minnesota 55330 RE: Featherwind Farms Final Plat Dear Judy: We hereby request an extension of time to file and record the referenced plat due to negotiations with the DNR and coordination with the adjoining plat of Mississippi Cove. We expect to move forward with the plat in the Spring of 2007. If you need anything further in this regard, please let me know. Sincerely, DARREL A. RR DEVELOPMENT CORPORATION ` Lucinda A. Gardner President • LAG:mjl • c: File 172 Hamel Woad Hamel, Minnesota 55340 ph. 763 553.9972 fax, ?63:03.9981 PAY ESTIMATE NO.5 ITEM NO. 5.8 CITY OF OTSEGO Waterfront East Street and Utility Construction ptember 7, 2006 Project 04 -08 Honorable Mayor & City Council City of Otsego 8899 Nashua Avenue N.E. Otsego, MN 55330 RE: WATERFRONT EAST, COP 04 -08 - Pay Estimate No. 5 Contractor: Veit & Companies, Inc. Original Contract Amount: $ 1,650,674.80 Revised By Change Orders Contract Amount: $ 1,887,727.80 Award Date: May 11, 2005 Substantial Completion Date: December 15, 2005 Dear Honorable Mayor and Council Members: • The following work has been completed on the above referenced project: ACCUMULATED TOTAL CONTRACT AMOUNTS QUANTITIES TO DATE Bid Schedule "A" - Street Construction Quantity Completed this Pay Item 0 Description Estimated Quantity Unit Price Extension period Extension Mobilization 1 LS $45,000.00 $45,000.00 1.00 $45,000.00 Remove Existing 24" & 27" RCP 225 LF $11.00 $2,475.00 150 $1,650.00 ., Remove Existing 15" RCP 65 LF $11.00 $715.00 65 $715.00 4 Remove Existing Curb Inlet Structure 2 EACH $85.00 $170.00 2 $170.00 5 Remove Existing Curb & Gutter 860 LF $1.20 $1,032.00 520 $624.00 8 Remove Existing Concrete Median 350 SY $1.50 $525.00 300 $450.00 7 Remove Bituminous Pavement 3,920 SY $2.00 $7,840.00 3,920 $7,840.00 8 Sawing Bit Pavement (Full Depth) 250 LF $3.25 $812.50 250 $812.50 9 Salvage & Reinstall Sign 4 EACH $110.00 $440.00 4 $440.00 10 Granular Fill 12,000 CY $1.50 $18,000.00 12,000 $18,000.00 11 Topsoil Stripping (P) 1,000 CY $1.50 $1,500.00 1,000 S1,500.00 12 Class 5 Aggregate Base (7") _ 5,033 , TON $11.00 $55,363.00 4,984 $54,824.00 13 Mill Bituminous Surface 30 SY $17.50 $525.00 0 $0.00 14 Type LV 4 Wearing Course Mixture (B) 1,405 TON $32.90 $46,224.50 1,141 $37,538.90 15 Type LV 3 Non - Wearing Course Mixture (B)(2.5 ") 1,273 TON $30.80 $39,208.40 1,504 $46,322.58 16 Bituminous Material For Tack Coat 450 GAL $1.80 $810.00 75 $135.00 ,17 Adjust Valve Box 22 EACH $350.00 $7,700.00 6 $2,100.00 18 Adjust Frame & Ring Casting 8 EACH $600.00 $4,800.00 8 $4,800.00 19 Concrete Curb & Gutter Design B618 2,708 LF $8.00 $21,664.00 2,805 $22,440.00 20 Traffic Control 1 LS $5,000.00 $5,000.00 1.00 $5,000.00 21 Sign Panels, Type C 65 SF $24.50 $1,592.50 65 $1,592.50 !22 Pavement Arrow - Epoxy 6 EACH $125.00 $750.00 0 $0.00 23 Pavement Message ( "ONLY") - Epoxy 6 EACH $175.00 $1,050.00 0 $0.00 24 4" Solid Line White - Epoxy 800 LF $0.60 $480.00 0 $0.00 25 4" Broken Skip Line White - Epoxy 240 LF $0.60 $144.00 0 $0.00 '9 24' Stop Line White - Epoxy 60 LF $6.50 $390.00 0 $0.00 4" Solid Line Yellow - Epoxy 3,504 LF $0.60 $2,102.40 0 $0.00 28 24" Solid Line Yellow - Epoxy 576 LF $2.50 $1,440.00 0 $0.00 29 Biolog Erosion Check 200 LF $6.80 $1,360.00 0 $0.00 30 Silt Fence, Type Machine Sliced 4,000 _ LF $1.60 $6,400.00 3,000 $4,800.00 Total Bid Schedule "A" $275,513.30 $256,754.48 PAY ESTIMATE NO. 5 Pp. 1 PAY ESTIMATE NO.5 ITEM NO. 5.8 CITY OF OTSEGO Waterfront East Street and Utility Construction Project 04 - 08 ACCUMULATED • TOTAL CONTRACT AMOUNTS QUANTITIES TO DATE Bid Schedule "B" - Watermain Quantity Completed • this Pay Item 4 Description Estimated Quantity Unit Price Extension period Extension 31 Connect to Existing Watermain 2 LS $750.00 $1,500.00 2 $1,500.00 32 12" Ductile Iron Pipe CI 52 1940 LF $52.00 $100,880.00 1,914 $99,528.00 33 8' Ductile Iron Pipe CI 52 525 LF 542.00 $22,050.00 1,095 $45,990.00 34 6' Ductile Iron Pipe CI 52 80 LF $27.00 $2,160.00 279 $7,533.00 35 1 -1/2" Copper Service Pipe 60 LF $30.00 $1,800.00 50 $1,500.00 36 1-1/2" Service Tap and Curb Stop 1 EACH $750.00 $750.00 1 $750.00 37 Ductile Iron Fittings 3000 LB $4.00 $12,000.00 3,000 $12,000.00 38 12" DIP Cut -in Sleeve 2 EACH $450.00 $900.00 2 • $900.00 39 12' Butterfly Valve and Box 8 EACH $1,450.00 $11,600.00 11 $15,950.00 40 8' Gate Valve and Box 3 EACH $1,050.00 $3,150.00 3 $3,150.00 41 6" Gate Valve and Box 10 EACH $800.00 $8,000.00 13 $10,400.00 42 Hydrant 8 EACH $2,225.00 $17,800.00 9 $20,025.00 43 Hydrant Extension 8 LF $450.00 $3,600.00 0 $0.00 ' 44 Salvage and Reinstall 12' Plug 1 EACH $300.00 $300.00 1 $300.00 45 2' Insulation 1000 SF $1.25 $1,250.00 1,000 $1,250.00 12' DIP CL 52. Fastite Jt., Installed by Jacking and Boring of 20" '46 Steel Casing 450 LF $240.00 $108,000.00 450 $108,000.00 a Total Bid Schedule "B" $295,740.00 $328,776.e . ACCUMULATED TOTAL CONTRACT AMOUNTS QUANTITIES TO DATE Bid Schedule "C" - Sanitary Sewer Quantity Completed this Pay Item 4 Description Estimated Quantity Unit Price Extension period Extension 56 8' PVC SDR 35 8 -10' Deep 335 LF $16.00 $5,360.00 339 $5,424.00 57 8' PVC Sat 3510 -12' Deep 270 LF $25.00 $6,750.00 664 $16,600.00 58 8' PVC SDR 35 12 -14' Deep 350 LF $30.00 $10,500.00 80 $2,400.00 59 8' PVC SDR 3514 -16' Deep 340 LF $32.00 $10,880.00 100 $3,200.00 60 8' PVC Sat 35 16 -18' Deep 430 LF $43.00 $18,490.00 303 $13,029.00 '61 10" DIP CL 52, Fastite Jt., 16 -18' Deep 34 LF $110.00 $3,740.00 65 $7,150.00 •62 6" PVC Sat 35 Service Lateral 250 LF $19.00 $4,750.00 256 $4,864.00 63 Standard Sanitary Sewer Manhole 0 -8' Deep 9 EA $2,800.00 $25,200.00 7 $19,600.00 64 Manhole Overdepth 50 VF $185.00 $9,250.00 22 $4,070.00 65 Remove Existing Manhole & Connect to Existing Sanitary Sewer 1 EA $850.00 $850.00 1 $850.00 '66 6' PVC Riser Pipe 30 VF $20.00 $600.00 36 $720.00 67 8 "x 6' PVC Wye 6 EA $75.00 $450.00 6 $450.00 68 6" Plug 6 EA $10.00 $60.00 6 $60.00 69 Package Sanitary Lift Station 1 LS $25,000.00 $25,000.00 1 $25,000.00 70 3' PVC SOR 21 Force Main 565 LF $10.00 $5,650.00 560 $5,600.00 71 Televise Sanitary Sewer 1725 LF $0.50 $862.50 1,551 $775.50 Total Bid Schedule "C" $128,392.50 $109,792 I r. PAY ESTIMATE NO. 5 Pop 2 PAY ESTIMATE NO.5 ITEM NO. 5.8 CITY OF OTSEGO Waterfront East Street and Utility Construction Project 04 - 08 ACCUMULATED TOTAL CONTRACT AMOUNTS QUANTITIES TO DATE Bid Schedule "0" • Storm Sewer, Detention Pond and South Ditch Quantity Completed this Pay Item # Description Estimated Quantity Unit Price Extension period Extension 72 12' X 6' Concrete Box Culvert- Straight Section, Class 2(3' -8' cover) 600 LF $525.00 $315,000.00 600 5315,000.00 73 12' X 6' Concrete Box Culvert-Curved Section, Class 2(3' -8' cover) 198 LF 5525.00 5103,950.00 198 5103,950.00 74 7'X 5' Concrete Box Culvert- Straight Section, Class 2(3' -8' cover) 36 LF $320.00 511,520.00 36 511,520.00 75 27"RCP Class III 268 L 543.00 511,524.00 122 55,246.00 76 18 "RCP Class III 160 LF $30.00 54,800.00 297 $8,910.00 77 15 "RCP Class III 130 LF 528.00 53,640.00 245 $6,860.00 78 27" FES w/Trash Guard 3 EACH 5950.00 52,850.00 2 51,900.00 79 18" FES w/Trash Guard 2 EACH 5650.00 51,300.00 2 51,300.00 80 15" FES w/Trash Guard 1 EACH 5600.00 5600.00 1 5600.00 81 48" Skimmer Outlet Structure 1 EACH 52,100.00 $2,100.00 1 52,100.00 82 48" Catch Basin Manhole 5 EACH 51,550.00 57,750.00 8 512,400.00 83 60" Catch Basin Manhole 1 EACH 52,000.00 52,000.00 1 52,000.00 1 12'x6' Box Culvert Cast -in -place Concrete Headwall 1 EACH $30,000.00 $30,000.00 1 530,000.00 7"x5' Box Culvert Cast -in -place Concrete Headwall 2 EACH 520,000.00 $40,000.00 2 540,000.00 „6 Random RipRap Class III 40 CY 5100.00 54,000.00 40 $4,000.00 87 Random RipRap Class V 670 CY 5100.00 567,000.00 740 574,000.00 88 Gravel Filter Bed Under Rip Rap 350 CY 555.00 519,250.00 40 52,200.00 89 Filter Fabric Under Gravel Filter Bed 1000 SY 51.00 $1,000.00 1,000 51,000.00 90 Common Excavation - Detention Pond & Ditch 200,800 CY 50.55 5110,440.00 200,800 5110,440.00 91 Topsoil Stripping (P) 39,500 CY $2.35 592,825.00 39,500 592,825.00 92 Waste Topsoil Replacement Fill 76,500 CY $0.01 5765.00 76,500 5765.00 93 Seeding Mixture - 60B 2,550 LBS $2.10 55,355.00 2,634 55,531.40 i94 Commercial Fertilizer, 10 -10 -10 8,500 LBS $0.45 53,825.00 2,770 51,246.50 `95 Erosion Control Blanket - Category 2- Straw 1S 63,000 SY $1.00 563,000.00 35,235 535,235.00 Erosion Control Blanket - Category 5- Coconut .96 2S 1,200 SY $2.10 52,520.00 0 50.00 97 Mulch Material - Type 1 34.0 TON $120.00 $4,080.00 0 50.00 98 Seeding - Type Lawn Restoration 17 ACRE 5105.00 51,785.00 4 5420.00 Total Bid Schedule "D" 5912,879.00 5869,448.90 1 F PAY ESTIMATE NO. 5 Pap" 3 PAY ESTIMATE NO.5 ITEM NO. 5.8 CITY OF OTSEGO Waterfront East Street and Utility Construction Project 04 -08 ACCUMULATED Alternate Bid Schedule "E" - Watermain- (DELETED BY CHANGE ORDER TOTAL CONTRACT AMOUNTS QUANTITIES TO DATE NO. 1) Quantity _ Completed this Pay Item # Description Estimated Quantity Unit Price Extension period Extension 99 12" Ductile Iron Pipe CI 52 0 LF $25.00 $0.00 0 S0.00 100 6' Ductile Iron Pipe CI 52 0 LF $20.00 $0.00 0 $0.00 101 Ductile Iron Fittings 0 LB $4.50 $0.00 0 $0.00 . 102 12" Butterfly Valve and Box 0 EACH $1,250.00 $0.00 0 $0.00 103 6" Gate Valve and Box 0 EACH $800.00 $0.00 0 $0.00 104 Hydrant 0 EACH $2,225.00 $0.00 0 $0.00 105 Hydrant Extension 0 LF $450.00 $0.00 0 • $0.00 106 2" Insulation 0 SF _ $1.25 $0.00 0_ $0.00 Total Alternate Bid Schedule "E" $0.00 $0.00 ACCUMULATED Alternate Bid Schedule "F" - Sanitary Sewer -(DELETED BY CHANGE TOTAL CONTRACT AMOUNTS QUANTITIES TO DATE ORDER NO. 1) Quantity Completed this Pay Item # Description Estimated Quantity Unit Price Extension period Extension .107 8" PVC SDR 35 14-16' Deep 0 LF $20.00 $0.00 0 $0.00 108 8' PVC SDR 35 16 -18' Deep 0 LF $21.00 $0.00 0 $0.00 109 6" PVC SDR 35 Service Lateral 0 LF $16.50 $0.00 0 $0.00 110 Standard Sanitary Sewer Manhole 0-8' Deep 0 EA $2,850.00 $0.00 0 $0.00 111 Manhole Overdepth 0 VF $185.00 _ $0.00 0 $0.00 112 6" PVC Riser Pipe 0 VF $20.00 $0.00 0 $0.00 113 6" Plug 0 EA $10.00 $0.00 0 $0.00 114 Televise Sanitary Sewer 0 LF _ $0.50 $0.00 0 $0.00 Total Alternate Bid Schedule "F" $0.00 $0.00 } S i i i PAY ESTIMATE NO. 5 PP 4 PAY ESTIMATE NO.5 ITEM NO. 5.8 CITY OF OTSEGO Waterfront East Street and Utility Construction Project 04 -08 I TOTAL CONTRACT AMOUNTS ACCUMULATED Change Order No. 1 - QUANTITIES TO DATE Completed Estimated this Pay Item 8 Description Quantity Unit Price Extension period Extension 115 Mobilization 1 LS $2,500.00 $2,500.00 1 52,500.00 116 Class 5 Aggregate Base (7 ") 210 TON 512.50 $2,625.00 0 $0.00 117 Type LV 4 Wearing Course Mixture (B) 71 TON $37.00 52,627.00 71 50.00 118 Type LV 3 Non - Wearing Course Mixture (B)(2.5 ") 88 TON $35.00 53,080.00 88 $0.00 119 Bituminous Material For Tack Coat 23 GAL $2.00 $46.00 0 $0.00 120 Concrete Curb and Gutter, Design B618 390 LF $9.00 $3,510.00 400 $0.00 • 121 Concrete Drive Apron 1296 SF $3.75 54.860.00 60 50.00 122 24" RCP 146 LF $40.00 55,840.00 146 55,840.00 123 24" RCP FES w/ Rip Rap 1 EA $1,300.00 $1,300.00, 1 51,300.00 124 48" CBMH 3 EA 52,012.00 56,036.00 3 56,036.00 125 30" RCP 260 LF 552.00 $13,520.00 260 $13,520.00 126 42" RCP 194 LF $90.00 517,460.00 194 $17,460.00 127 42" RCP FES w/ Rip Rap 1 EA 52,700.00 $2,700.00 1 52,700.00 128 60" CBMH 2 EA $2,800.00 $5,600.00 2 $5,600.00 '129 72" CBMH 3 EA $3,175.00 $9,525.00 3 59,525.00 1 30 12" DIP Water 228 LF $42.00 $9,576.00 228 59,576.00 6" DIP Water 107 LF $27.00 $2,889.00 107 52,889.00 2 Water Fittings 1 LS $6,500.00 $6,500.00 1 56,500.00 '133 Connect to Water Main 2 EA $625.00 $1,250.00 2 51,250.00 134 8" SDR 35 Sewer Pipe 59 LF $23.00 $1,357.00 59 51,357.00 135 Sanitary MH 1 EA $2,300.00 $2,300.00 1 52,300.00 136 Connect to Sanitary 1 EA $915.00 5915.00 1 • $915.00 137 Dewatering 848 LF $19.50 $16,536.00 0 $0.00 138 6" SCH 80 Pipe Conduits for Small Utilities 700 LF $10.50 57,350.00 700 $7,350.00 139 • Adjust Paved Shoulder Width 1 LS $2,715.00 52,715.00 1 $2,715.00 140 Remove and Replace Curb and Gutter for Pedestrian Ramps 1 LS $2,313.00 $2,313.00 1 $2,313.00 141 16" DIP Storm Pipe 100 LF $43.56 $4,356.00 100 $4,356.00 142 Core Drill Box Culvert for 16" DIP Connection 1 LS $611.00 $611.00 1 5611.00 143 Clear and Grub For South Ditch 1 LS $5,335.00 $5,335.00 1 55,335.00 144 Repair 12" RCP Damaged by Small Utilities 1 LS $1,130.00 $1,130.00 1, 51,130.00 :'145 6" Conduit for Sprinkler Line Under Nathe's Driveway 1 LS $1,460.00 $1,460.00 1 51,460.00 946 Connect 6" Sewer Service to Lift Station 1 LS $1,150.00 51,150.00 1_ 51,150.00 1 Total Change Order No. 1 $148,972.00 5115,688.00 i i • • PAY ESTIMATE NO. 5 Pp 5 • PAY ESTIMATE NO.5 ITEM NO. 5.8 CITY OF OTSEGO Waterfront Street and Utility Cons truction Project 04-08 Total Base Contract A -O $1,612,524.80 Total Alternate E-F 50.00 Total Change Order No. 1 - $148,972.00 Total Change Order No. 2 5126,231.00 Total Contract Amount 51,887,727.80 TOTAL USED TO DATE 51,680,459.88 LESS RETAINAGE 5% $84,022.99 LESS PREVIOUS PAYMENTS $1,550,411.21 51,550,411.21 Pay Estimate No.1 5159,310.45 • Pay Estimate No.2 $690,115.90 Pay Estimate No.3 5606,007.38 • Pay Estimate No.4 594,977.48 WE RECOMMEND PARTIAL PAYMENT OF: 546,025.68 APPROVALS: • CONTRACTOR: Veit and Company, Inc. Certification by Contractor. I certify that all items and amounts are correct for the work completed to date. Signed: Title: Date: ENGINEER: Certification by Engineer. We recommend payment for work and quantities as shown. HAKANSON • r ' SON AS ;' - . INC. Sig .•.. - ' / Title: Airi Date: 9 %TV0 OWNER: CITY OF OTSEGO Signed: Tom: Date: • PAY ESTIMATE NO 5 PpS (AA - ITEM 5_ SEP 6 2000 OERTEL ARCHITECTS -- 1795 SAINT CLAIR AVENUE, SAINT PAUL, MN 55105 ��. r g TEL: 651/696 -5186 FAX: 651/696 -5188 August 30, 2006 Mr. Mike Robertson, City Administrator City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 RE City of Otsego Public Works Study INVOICE #12 • PROFESSIONAL CONSULTING SERVICES Services for this period included shop drawing review, review of contracts, site administration, selection of finishes, memo to council, coordination with GC and related items. phase allotment % of % previously invoiced this amount contract complete invoiced period remaining design $ 83,000.00 30% 100% $ 83,000.00 ` $ 0.00 - $ 0.00 bid docs. $138,000.00 50% 100% $138,000.00 $ 0.00 $ 0.00 . bidding $: :.5,500.00 2% 100% $ 5,500.00 $ ;0.00 $ 0.00 constr $ 50,000.00 18 % 35% ' $ 15,000.00 $ 5,000.00 $.30,000.00 totals $276,500.00 100% 88% $241,500.00 $ 5,000.00 $ 30,000,00 Contract expenses ($1,500.00 limit) Mileage: $80.00 - ' $ 80.00 (Expenses to date with this invoice: $1,314.32) Owner expenses paid by Architect: OA post $20.00 P & C Delivery /Post $10634 • Braun engineering /testing: $684.75 $ 811.09 TOTAL DUE THIS INVOICE - $5,891:09 Oertel arcts ITEM 5_10 COURT, MACARTHUR & RUPPE, P.L.L.P. Michael C. Couri- Attorneys at Law David R. Wendorf Andrew J.MacArthur 705 Central. - I venue East Kristen H. Carr Robert T. Ruppe -- PO Box 369 St. Michael. ;tf.V 55376 -0369 *AA(' licensed m (763) 997 -1930 ••.aleu In:c I ru ('ul;fwniti ( 497-2599 (FAX) courimacarthur it earthlink net September 6, 2006 City Council Members City of Otsego c/o Judy Hudson, City Clerk 8899 Nashua Avenue NE Otsego, MN 55330 RE: Assessor Contract- 2007 :Extension Dear Council Members: • • Please find enclosed for your review a contract for Pete Merges assessor services extension until.next year. The contract is the same as approved in previous years but will terminate on July 1, 2007 rather than on September 1, 2007. This should provide a time period for transition to Wright County services. • • I have also added language indicating that there will be cooperation in order to provide a • smooth transition. If you have any questions regarding the proposed contract I will be available to answer them at Monday's Council meeting. Very trul prs, COd i J. MpcArthur URI, MACARTHUR & RUPPE, PLLP Encl. cc: Pete Merges CONTRACT BETWEEN THE CITY OF OTSEGO, MINNESOTA AND ANDREW B. MERGES FOR INDEPENDENT CONTRACTOR ASSESSOR SERVICES THIS AGREEMENT is made and entered into this day of , 2006, by and between the City of Otsego, a municipal corporation under the laws of the State of Minnesota (hereinafter "City") and Andrew B. Merges, Real Estate Assessor (hereinafter "Assessor "). RECITALS: WHEREAS, the City is in need of property valuation services for ad valorem property tax purposes; and WHEREAS, the Assessor has previously provided the City with this service for over twenty (20) years; and WHEREAS, the Assessor has substantial experience with real property valuation, and is qualified to assist the City as an assessor; and WHEREAS, the City desires to contract with the Assessor for the performance of certain employment tasks more fully described herein; and WHEREAS, the Assessor's principal place of business is located at the following address: 10110 64 Street Northeast, Albertville, MN 55301; and WHEREAS, the City intends to contract with Assessor for assessment services, with said contract to be reviewed and renewed, or not, annually; and WHEREAS, the Assessor declares that he is fully qualified and has all necessary credentials to provide the City with the services set forth herein; and 1 WHEREAS, the Assessor shall be at all times operating as an Independent Contractor. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed between the parties as follows: 1. Services to be Performed. The City engages the Assessor to perform the following described tasks and services, said tasks and services to be provided on a contract basis with the time, means and materials to perform said tasks totally under the control of the Assessor with the cooperation of the City. The intent of this Agreement is that the services be provided in a complete and timely manner so that the City complies with all applicable State requirements for assessment of property. Assessor is responsible for appraising and valuing each and every taxable parcel of real property within the City of Otsego. Assessor shall personally view a proportion of the taxable parcels within the City consistent with and as required by state law. Assessor will keep accurate and complete records of the work performed, including documentation of the basis for all appraisals done. Assessor will cooperate and confer with the Wright County Assessor. Assessor shall attend any sectional meetings called by the Wright County Assessor. Assessor will use generally accepted standards and methods in determining property values within the City of Otsego. Assessor will attend all City Council or Board of Adjustment and Appeals meeting and hearings needed to perform the functions of City Assessor. In performing these services, Assessor will meet all deadlines set by law and all reasonable deadlines, if any, set by either the Wright County Assessor or Auditor or the City. 2. Legal Qualification, Proof and Continuation Thereof. The Assessor represents that he is operating an independent business and is legally qualified to perform the duties above - described and, further, that he has obtained all necessary licenses, permits or certifications, including a license from the State Board of Assessors, and has otherwise fulfilled all legal obligations requisite to providing assessor services and performing assessor functions. Within ten (10) days of executing this Agreement and prior to commencing service, the Assessor shall provide proof of proper licensure to the City and shall remain legally qualified to perform the duties described in this contract throughout its term. Any employee or subcontractor of the Assessor performing work under the Assessor's direction or independently shall be fully qualified to perform such work. Failure by Assessor to provide such proof or maintain such qualification for either himself or his employees or subcontractors will result in termination of this Agreement as provided in section ten (10) below. 3. Terms of Payment. The Assessor shall be compensated at the rate of $ 10.00 per taxable parcel actually appraised, $25.00 for each new residence appraised and valued, $25.00 for each new commercial property under $500,000.00 in value appraised and valued and 2 $100.00 for each new commercial property at or over $500,000.00 in value appraised and valued by Assessor. It is estimated that there are over 5,900 taxable parcels within the City. Payment shall be made based upon an estimate of the proportionate number of parcels appraised monthly. Any adjustment to this estimate, either higher or lower, shall be made once a year on or about September 1. 4. Instrumentalities. The Assessor, his employees or subcontractors shall provide for their own vehicles, and any necessary equipment, tools, materials and supplies, except for nominal office supplies, for the performance of the obligations specified herein. The City may provide the Assessor with periodic access to a work area within the City offices, including use of a computer and usual furnishings. 5. Training and Expenses. As a condition of this contract the City agrees to pay for any training required by the State, including tuition, mileage, lodging and meals while Assessor is attending the required training in an amount not to exceed $500.00. Expenses shall be submitted by Assessor as a written claim, to be audited and allowed by the City Council. All additional expenses incurred by Assessor, his employees or subcontractors are their responsibility. 6. Insurance Coverage. Assessor shall provide and keep in force at all times relevant to this contract liability insurance coverage in an amount and form acceptable to the City, and keep such coverage current at all times. Further, if Assessor utilizes the services of his employees or other subcontractors said employees or subcontractors shall be covered by a like amount of liability coverage at all times. Proof of coverage shall be provided to the City. 7. No City Benefits. The parties agree and Assessor acknowledges that, as an independent contractor, Assessor and his employees are exempt from the City personnel policy and any and all benefits or privileges conferred on employees by the City., including, but not limited to, paid leave, paid vacation and disability benefits and other privileges conferred by the personnel policy, but not provided for by this Agreement. Any benefits or reimbursement received by Assessor shall be provided pursuant to this Agreement or as required under applicable state or federal law. 8. Payroll or Employment Taxes. No payroll or employment taxes of any kind shall be withheld or paid with respect to payments to the Assessor. The payroll or employment taxes that are the subject of this paragraph include, but are not limited to, FICA, FUTA, federal and state personal income tax, state disability insurance tax, and state unemployment insurance tax. The Assessor is responsible for payment of any and all taxes related to compensation received under this Agreement, including any and all withholding or other 3 taxes payable to any employee or subcontractor of the Assessor. 9. Worker's Compensation. No Workers' Compensation insurance has been or will be obtained by the City on account of the Assessor. or any employees or subcontractors of the Assessor. 10. Termination and Transition. This Agreement shall terminate on July 1, 2007 on its own accord. Termination prior to that date (except for cause) cannot occur without thirty (30) days prior written notice from one party to the other. For purposes of this Agreement, cause is defined as any violation of law occurring during a period when City related work is being performed, or any other actions of the Assessor, his employees or subcontractors deemed to be detrimental to the City by, and at the sole discretion of, the City Council. Upon termination of this Agreement, Assessor will furnish copies of all records made in performance of the duties specified in the Agreement to the City, including the basis for and values assigned to each parcel of property appraised and assessed. Further, Assessor agrees to cooperate fully with the City and any predecessor Assessor appointed by the City in order to make a smooth transition period and provide uninterrupted service. 11. Indemnity and Hold Harmless. Assessor shall hold harmless and fully indemnify the City from any and all claims, demands or causes of action of any nature or of any kind resulting from the actions of failures to act of the Assessor, his employees, contractors, subcontractors or anyone else acting on his behalf resulting from or related to this Agreement. Said obligation includes any costs or disbursements incurred by the City as a result of said actions or failures to act including, but not limited to professional fees, witness fees and attorney's fees. 12. Option to Extend. Upon written agreement of the parties, the Agreement may be extended to any other future date mutually acceptable to the parties. 13. Integration, Merger, Modification. This Agreement represents the full and complete understanding of the parties and both parties represent that they are not relying on any prior Agreement of statements, whether oral or written. This Agreement may be modified only if in writing and signed by both parties. 14. Severability. Should any term, provision, section or other lesser part of this Agreement be found by a Court of competent jurisdiction to be invalid, then said term, provision, section or lesser part is hereby severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect and shall be binding upon the respective parties hereto. 4 15. Control. The Assessor, operating as an Independent Contractor, retains the sole and exclusive right to control or direct the manner or means by which the work herein is to be performed. The City has contracted only to have specific tasks completed, and retains only the right to control the ends to insure its conformity with the requirements of this Agreement as well as State statutes, rules and regulations. Assessor retains all discretion to instruct and direct his employees and/or subcontractors to achieve the tasks as set forth in this Agreement. 16. Third Parties. The terms and conditions of this Agreement do not confer to the benefit of any third parties, including employees or subcontractors of the Assessor, and no third party shall have recourse against the City through this Agreement. 17. Assessors Employees or Subcontractors. Employees or subcontractors of the Assessor have no relation to the City as the result of this Agreement and undertaking any work for the City under this Agreement confers no employment or temporary employment relationship with the City, nor does it confer any City benefit of any kind upon said Assessor employee or subcontractor. Assessor shall enter into written Agreements with all employees or subcontractors in which the terms and conditions of this Agreement are conveyed to and acknowledged by the employee or subcontractor. Assessor shall not represent to any person or entity that he, his employees and/or subcontractors are employees of the City. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year written above. CITY OF OTSEGO Larry Fournier; Mayor Judy Hudson, City Clerk ASSESSOR Andrew B. Merges, Assessor 5 ENGINEERS ESTIMATE FOR PRAIRIE PARK PARKING LOT EXPANSION c0 2 W Estimated . Total Description Unit Quantity Unit Cost Estimated Total Cost 1 Mobilization LS _ 1 $ 7,000.00 $ 7,000.00 2 Common Excavation CY 1250 $ 4.00 $ 5,000.00 3 Salvage and Replace Tree EACH 8 . $ 200.00. $ 1,600.00 4 Remove Concrete Curb and Gutter LF 156 $ 2.00 $ 312.00 5 Remove Bituminous Pedestrian Ramp EACH 3 $ 30.00 $ 90.00 6 Aggregate Base Class 5 (100% crushed) TON 1650 $ 12.00 $ 19,800.00 7 Sawing Bituminous Pavement (Full Depth) LF 90 $ 3.00 $ 270.00 8 Mill Bituminous Surface (2 ") SY 10 $ 30.00 $ 300.00 9 Type LV 4 Wearing Course Mixture (B) TON 400 $ 55.00 $ 22,000.00 10 Type LV 3 Non - Wearing Course Mixture (B) TON 400 $ 45.00 $ 18,000.00 11 Bituminous Material for Tack Coat GAL 170 $ 3.00 $ 510.00 12 Silt Fence, Type Machine Sliced LF 550 $ 2.00 $ 1,100.00 13 Concrete Spillway SY 5 $ 45.00 $ 225.00 14 RipRap CY 16 $ 100.00 $ 1,600.00 15 Concrete Sidewalk SF 1000 $ 10.00 $ 10,000.00 16 Concrete Pedestrain Ramp EACH 5 $ 450.00 $ 2,250.00 • 17 B612 Curb and Gutter LF 1000 $ 9.50 $ 9,500.00 18 4" Solid Line White - Epoxy LF 1500 $ 0.50 $ 750.00 19 4" Solid Line Yellow - Epoxy LF 200 $ 0.50 $ 100.00 20 24" Solid Line Yellow - Epoxy LF 200 $ 6.00 $ 1,200.00 21 Pavement Messge - Epoxy EACH 4 $ 65.00 $ 260.00 SUB TOTAL $ 99,557.00 20% (CONTINGENCY, DESIGN FEES, CONTRACT ADMINISTRATION, CONSTRUCTION OBSERVATION, AND LEGAL) $ 19,911.40 I TOTAL $ 119,468.40) • PRAIRIE PARK PARKING LOT EXPANSION GOVERNING SPECIFICATIONS THE 2005 EDITION OF THE MINNESOTA DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS FOR CONSTRUCTION' SHALL GOVERN. CITY OF OTSEGO, MINNESOTA ALL FEDERAL. STATE AND LOCAL LAWS. REGULATIONS. AND ORDINANCES SHALL BE COMPLIED WITH IN THE CONSTRUCTION OF THIS PROJECT. ALL TRAFFIC CONTROL DEVICES AND SIGNING SHALL CONFORM TO THE MMUTCD, INCLUDING FIELD MANUAL FOR TEMPORARY TRAFFIC CONTROL ZONE LAYOUTS. JANUARY 2004. CITY OF OTSEGO PROJECT 06 -16 INDEX SHEET i' �.. ; 1--} -_ � _ I : i THIS PLAN CONTAINS SHEETS yry �o a , i I I { ... I .._� i E i WNW 1 Ti tle Sheet -17 `9J �` I .. (1I --_ - ' 2 Details d ''� _ —__ Grading 3 Drainage Plon 7 47 1I I 1 -.. FII I: 1' L j . gi . 1.I I a ' Nig' _4.44,,..„,.. .._. .. .i .• - 4 ,. j,i ----\--.. 2 1 1.,„,r,,..., ,_____, PROJECT j ' � / / 7 - __ _ LOCATION. i, ; 3 /�� ■ / PROD RFCOMMFNO FOR APPROVAI � cif ! 2 1 j ; _ ' - - -- �- TH STRE kV _ �1 A 'IO / - / HA L T ; - —_ �- * Q is W e re plan. specification, caor4 nA thin iii- N ., ....., l Y certify that to I r• prepared e e under e i �� , duly y e Licensed Professional y r Engineer under the lows ... i of the Stale of Ninnesolo 3 1 r t- - �i �,w lll t .�l��l O ( B L 0. 0 K 1 4 r � II/...� =,' p _ 26052 9/7 /06 RRONALD 41111111111:11 J. J. eir R P.E License No. Date i I 1111111 ,a 1 �� Ana LOCATION MAP RR , IIE MEM nit 112 l al i Mr111 VICINITY MAP �'° "° Daa p I N FEET i 1 Di iz ; h A t ` ` RUN n DATE REVISION N 0 SA V E THE SIR SORFACE IRUTT I B IlA11ON M 216 FLAN Is IIIRRT own Llvu C. n6 Nun mar Hokonson LOLL WAS DCTEM6E0 ACCORDS* TO RD TIE MUM ," g — '�A� a LY/ASI:E 78-02, EMIR "mama wDELRlES Anders�n dY TOR D Ibl1ECIDN AND MOON OF tMSTM6 Assoc, inc. COT OF OTSEGO SUBSURFACE MIT DMA." C 0 `"� "• ° lane e..wn MIT CO NIT, MOOT* Mn rr ....1*. er.,rr. OM* . . sr � SHEET 1 OF 3 SHEETS ARV :° :".... "j-""f v y w:M AM OMR V � MIS tr. PAfl4lEL RAAp , 1 1 • MI= *4421141.0 OR waw SIOENALxS .-- � d UMW y,M1 SO.MEENT PO EUR81 .1N/StW I 5[ CPI 5ram1 IIOAD ISONEIflI[ VIEN QQ }::': r I ri 15L S 10 _ NW .010 110E // �1,V .•. I 'I't :At ... !C Y, .,.L D T ' ..wM I ��` n n . © �MIAL I 'Ill.:. } f: w a• 11xMe1 . . � - � 1 ER NI �•� . r5Nr .oel°MPaM. LH'M I °•� T y ' '. I O o KC ,� ,• -A• M.Mp AWt n. SECTION A -A J "�' R4 [:�_ 1 5 VNN = ,T ,, . 1 T /� R CONSTRUCTION FNTNANC.i M T CUM AM GUMP N.: . ) Rx IL ..:R.. 7' 5 Sig SIBS �vy� SCALE -v.. I � { P LnN A0 VIEW CROSSING T 1 1 PL VIEW ELEVATION N TES: M ww. �r o: © K NO w co : :w N° `" � t :u. COOISMRFYi SPN 1 WAY WITH RIPRAP " w1 'Ma A ANP o S��Jj��:/�a� (�} ' Ma A OAR .N.r 1 Y T"xr �� _ � , �/ SIAMI� MAI K' THESE ARE OpTIOML PEOESTPIAN SIOENAIx A000SS ETAILS s �� y , n.. �Vlr "]] iGTiT :i .....•-•00 �- u 505 _ `tea 4* S ARE NPT PEa100 er c41RRENl ,A PEGN.:1IUNS a �. Awing ^ ru.25 rt EU0. sr r o r tr ' e 1A4/..:.4„,z_ PEDESTRIAN � CURB RAMP OPTIONS a 7036E • • 1112 GOB 5 CUM ME OCTAL OY INS MATE lir S ' ' . ... • •ESL ` :40Y-� Tr %V`.V 04 ,,,r 8 A ZPLILWIBENERYIKT7 = I II II ' II 1 I H7 I II Til II II 1 I = II II I = B61cJR8 TACK COAT In• . r5 -, 2" B11TIN11OUS WEAR PER 00001 LV4 -II 25 BITUMBIOUS NONVIEAR PER IAnDOT LV3 - r RC e L._ I/r n M e� _ _ a r CLASS 5 A00REGATE BASE (10021 CRUSHED GRAVEL) ra =u - OEOTE7LTLC FABRIC 1 , 1 ' -'01 i' - '' PREPARED SUBORADE 1111.i.S 8619 TI MT T CURR ' BRED -DUTY BITUMINOUS (PAF6(N G) DATE REVISION 1 11.+7...7 uw 0 71w M.R1/.11 , see �.L """ """ Hakanson Anderson Assoc., Inc. SHEET - I.M M M M/b M ARwi.:i:t M � and Land Surveyor* � 5/28/05 3001 110./5 8* Cil 003 81 1�� - en. AM AM., 5 /.50 007 DETAILS 2 N• W, wV.+ r :.ha.- aooewmsAwua�a./Vwru -w1.r/ a mee nE ■ 703 - 127 -3080 77111 783- 427 -0520 PRAIRIE PAN( PAA IfNIC LOT n(PA NSION AW. Rn ,--L511'.. N., 200I0 RAY 0713 _ Innehelannen- .Mw.M,.m„ T CITY OF OTSEGO, MINNESOTA 3 SHEETS wM R q ma x_ Z�° i . o 1 1i 9 RI ii.iXIM o ;11 s ; :_ it 11 L.11 i .„ 1 _ 1. g] i 4A161 Y m ie 11 1 O 1 V o � . e s ■ o a , q \ 4 1 1 % V g 115 \ \\\\ I $ Pig is . \\\ , . �. -� • ° ,. „ g]g] v R, II - .,, -,,„ ,,,,, . ,_ .„ . ,,.... .;., 4 - 1 ss, In RESOLUTION NO. 69 RESOLUTION ACCEPTING BID WHEREAS, pursuant to an advertisement for bids for the construction of City of Otsego, Improvement Project No. 06 -14, "Dual Forcemains Along N.E. 65th Street ", bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Base Bid S.R. Weidema, Inc. $1,156,076.50 Ellingson Drainage, Inc. $1,378,795.77 G.L. Contracting, Inc. $1,387,646.20 Landwehr Construction, Inc. $1,396,233.00 Randy Kramer Excavating $1,413,849.38 . GM Contracting, Inc. $1,416,567.13 AND WHEREAS, it appears that S.R. Weidema, Inc. of Maple Grove, Minnesota is the lowest responsible bidder, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF OTSEGO MINNESOTA: 1. The mayor and clerk are hereby authorized and directed to enter into a contract with S.R. Weidema of Maple Grove, Minnesota in the name of the City of Otsego for the Improvement Project No. 06 -14, "Dual Forcemains Along N.E. 65th Street", according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to retum forthwith to all bidders the bid bond made with their bids, except that the bid bond of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the City Council this 11 day of September, 2006. Motioned By: Seconded By: All in Favor: Those Apposed: Larry Fournier, Mayor Judy Hudson, Clerk ResNo.69 A ssoc Hakanson AnCIeC50C1 3601 Thurston Avenue, Anoka, MN 55303 $ - 1 Phone: 763/427 -5860 Fax: 763/427 -0520 ln c. MEMORANDUM TO: Ron Wagner, City Engineer FROM: Craig J. Jochum, Project Engineer DATE: September 11, 2006 RE: Bids for Elevated Water Storage Tank and Tower Number 3, Project 06-02 City of Otsego HAA Project No. OT521 The City received and opened bids for the above referenced project at City Hall on Thursday, September 7, 2006 at 2:00 p.m. A total of three (3) bids were received as shown on the attached tabulation. The three (3) bids and Engineer's Estimate for the project were as follows: Contractor Total Base Bid . Total Alternate Bid 1. Pittsburg Tank & Tower Co. $2,039,600.00 $2,061,000.00 2. CB & I Constructors $2,066,000.00 $2,123,000.00 3. Caldwell Tank $2,414,000.00 $2,474,000.00 Engineers Estimate $1,590,000.00 The base bid consisted of a foundation elevation of 948.1 with the tower access going to Queens Avenue. The alternate bid consisted of a foundation elevation of 944.8 with the tower access to the future local street east. of Queens Avenue. The low base bid of $2,039,600 from Pittsburg Tank is approximately 22% higher than the Engineers Estimate. The Engineers Estimate did not include the containment system which is Bid Item 10. The containment system, which we recommend to eliminate from the bid, is $100,000. Therefore, the base bid is 18% higher than the engineers estimate. The engineers estimate was based on the bid price for Tower #2 plus $100,000 for the additional height and foundation soil corrections plus an 8 percent increase per year for inflation. We have discussed the bids with the contractors. The increase in the bid over the engineers estimate is due to the limited site area, the uncertainty in steel prices and the required project completion date. If you have any questions, need additional information or wish to discuss this matter in greater detail please contact me. RESOLUTION NO. 71 RESOLUTION ACCEPTING BID WHEREAS, pursuant to an advertisement for bids for the construction of City of Otsego, Improvement Project No. 06 -02, Elevated Water Storage Tank and Tower #3, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Base Bid Pittsburg Tank and Tower $2,039,600.00 CB & I Constructors $2,066,000.00 Caldwell Tanks $2,474,000.00 AND WHEREAS, it appears that Pittsburg Tank and Tower Company Elevated Division, Inc. of Sebree, Kentucky is the lowest responsible bidder, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF OTSEGO MINNESOTA: 1. The mayor and clerk are hereby authorized and directed to enter into a contract with Pittsburg Tank and Tower Company Elevated Division of Sebree, Kentucky in the name of the City of Otsego for the Improvement Project No. 06 -02, Elevated Water Storage Tank and Tower #3, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the bid bond made with their bids, except that the bid bond of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the City Council this 1 cn day of September, 2006. Motioned By: • Seconded By: All in Favor: Those Apposed: Larry Fournier, Mayor Judy Hudson, Clerk ot521 ResAcceptBid RESOLUTION NO. 70 RESOLUTION ACCEPTING BID WHEREAS, pursuant to an advertisement for bids for the construction of City of Otsego, Improvement Project No. 06 -12, CSAH #42 Traffic Signals, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Base Bid Kilmer Electric Co., Inc. $399,130.00 Ridgedale Electric, Inc. $412,500.00 Eagan Companies $412,850.00 Granite Ledge Electrical Contractors, Inc. $424,000.00 Electrical Installation and Maintenance Co. $430,000.00 ColliSys $472,960.00 Honda Electric $497,070.00 AND WHEREAS, it appears that Kilmer Electric Co., Inc. of Crystal, Minnesota is the lowest responsible bidder, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF OTSEGO MINNESOTA: 1. The mayor and clerk are hereby authorized and directed to enter into a contract with Kilmer Electric Co., Inc. of Crystal, Minnesota in the name of the City of Otsego for the Improvement Project No. 06 -12, CSAH #42 Traffic Signals, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to retum forthwith to all bidders the bid .bond made with their bids, except that the bid bond of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the City Council this 11 day of September, 2006. Motioned By: Seconded By: All in Favor: Those Apposed: Larry Fournier, Mayor Judy Hudson, Clerk ResNo.70 ITEM 9_4 PAY ESTIMATE #2 OWNER CITY OF OTSEGO CSAH 42 (Parrish Ave.) Reconstruction Improvement Project No. 06 -09 Member 6, 2006 Honorable Mayor & City Council Cit of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 RE: CSAH 42 (Parrish Ave.) Reconstruction Contractor: Dresel Contracting, Inc. Contract Amount: $2,076,858.65* Award Date: June 27, 2006 Completion Date: June 1, 2007 Dear Honorable Mayor and Council Members: The following work has been completed on the above - referenced project by Dresel Contracting, Inc. Bid Schedule "A" - Removals ITEM ESTIMATED CONTRACT UNIT USED TO NO. ITEM DESCRIPTION QUANTITY UNIT PRICE CONTRACT AMOUNT DATE EXTENSION , 1 MOBILIZATION 1 LS $43,500.00 $ 43,500.00 0.5 $ 21,750.00 2 CLEARING AND GRUBBING 6 EACH $220.00 $ 1,320.00 $ - 3 SALVAGE AND RE -PLANT TREE 6 EACH $200.00 $ 1,200.00 8 $ 1,600.00 4 REMOVE CURB AND GUTTER 2,747 LF $1.25 $ 3,433.75 2,700 $ 3,375.00 5 REMOVE CONCRETE MEDIAN 5,324 SF $0.35 $ 1,863.40 5,324 $ 1,863.40 6 REMOVE CONCRETE HEADWALL STRUCTURE 1 EACH $25.00 $ 25.00 1 $ 25.00 7 SALVAGE CASTING AND CONDUIT PULL BOX 3 EACH $650.00 $ 1,950.00 $ - 8 REMOVE CMP CULVERTS 202 LF $6.00 $ 1,212.00 202 $ 1,212.00 9 REMOVE CATCH BASIN /MANHOLE STRUCTURE 6 EACH $150.00 $ 900.00 6 $ 900.00 ' 10 SAWING BITUMINOUS PAVEMENT FULL DEPTH 939 LF $2.00 $ 1,878.00 $ - I REMOVE BITUMINOUS PVMT. (FULL DEPTH MILLING) 18,350 SY $1.05 $ 19,267.50 , 18,917.5 $ 19,863.38 12 RELOCATE MAILBOX SUPPORT 4 EACH $75.00 $ 300.00 2 $ 150.00 13 MAILBOX SUPPORT 4 EACH $75.00 $ 300.00 $ - 14 REMOVE RCP FES 11 EACH $50.00 $ 550.00 11 $ 550.00 15 REMOVE RCP STORM SEWER PIPE 675 LF $5.00 $ 3,375.00 675 $ 3,375.00 16 SALVAGE SEWER CASTINGS 15 EACH $45.00 $ 675.00 15 $ 675.00 Total Bid Schedule "A" $81,749.65 $ 30,725.40 Bid Schedule "B" - Streets ITEM ESTIMATED CONTRACT UNIT USED TO NO. ITEM DESCRIPTION QUANTITY UNIT PRICE CONTRACT AMOUNT DATE EXTENSION 17 TOPSOIL STRIPPING (P) 6,000 CY $3.75 $ 22,500.00 6,000 $ 22,500.00 18 COMMON EXCAVATION (P) 1 , LS $115,000.00 $ 115,000.00 0.9 $ 103,500.00 18a SUBCUT & IMPORT GRANULAR (CO#1) 2,700 CY $15.25 $ 41,175.00 1,700.0 $ 25,925.00 19 SALVAGE MATERIAL TO STOCKPILE (SV) 19,500 CY $1.00 $ 19,500.00 7,500 $ 7,500.00 20 CONCRETE MODULAR BLOCK RETAINING WALL 1,700 SF $17.00 $ 28,900.00 1,971 $ 33,507.00 21 CLASS 5 AGGREAGATE BASE 24,000 TON $9.00 $ 216,000.00 8.035.5 $ 72.319.50 22 Type SPWEB440E WEARING COURSE ' 4,700 TON $57.65 $ 270,955.00 $ - 23 Type SPNWC430B NON - WEARING COURSE 12,200 TON $50.55 $ 616,710.00 $ - 24 BITUMINOUS MATERIAL FOR TACK COAT 3,750 GAL $3.00 $ 11,250.00 $ - 25 BITUMINOUS CURB SPWEB440E 85 LF $15.00 $ 1,275.00 $ - 26 BITUMINOUS DRIVEWAY PVMT. (2.5" THICK) LV4 80 SY $41.00 $ 3,280.00 $ - 27 BITUMINOUS TRAIL 10 FEET WIDE LVWE45030B 700 TON 555.27 $ 38,689.00 $ - 28 4" CONCRETE SIDEWALK WITH GRANULAR BASE 600 SF 56.00 $ 3,600.00 $ - 29 4" CONCRETE MEDIAN WITH GRANULAR BASE 28,200 SF $3.00 $ 84,600.00 $ - 30 CONCRETE CURB AND GUTTER DESIGN B612 5,500 LF 57.75 $ 42,625.00 $ - 31 CONCRETE CURB AND GUTTER DESIGN 8618 12,700 LF $8.65 $ 109,855.00 $ - 32 CONCRETE CURB AND GUTTER DESIGN PEDSTRIAN 300 LF 59.50 $ 2,850.00 $ - 1 33 6" CONCRETE VALLEY GUTTER 450 SF $4.65 $ 2,092.50 $ - Y:U Municipal \AOTSEGO13701specbt370PE PE - PAY ESTIMATE #2 OWNER CITY OF OTSEGO CSAH 42 (Parrish Ave.) Reconstruction Improvement Project No. 06 -09 Bid Schedule "0" - Watermain ITEM ESTIMATED CONTRACT UNIT USED TO NO. ITEM DESCRIPTION QUANTITY UNIT PRICE CONTRACT AMOUNT DATE EXTENSION 78 SALVAGE HYDRANT AND VALVE ASSEMBLY 5 EACH $850.00 $ 4,250.00 5 $ 4,250.00 79 SALVAGE AND REINSTALL 8" PLUG 2 EACH $100.00 $ 200.00 2 $ 200.00 80 CONNECT TO EXISTING WATERMAIN 1 LS $3,500.00 $ 3,500.00 2 $ 7,000.00 81 6" DUCTILE IRON PIPE CL 52 45 LF $32.00 $ 1,440.00 12 $ 384.00 82 8" DUCTILE IRON PIPE CL 52 62 LF $35.00 $ 2,170.00 40 $ 1,400.00 83 12" DUCTILE IRON PIPE CL 52 75 LF $45.00 $ 3,375.00 $ - 84 DUCTILE IRON PIPE FITTINGS 830 LB $3.00 $ 2,490.00 $ - 85 HYDRANT EXTENSION 2 LF $400.00 $ 800.00 3 $ 1,200.00 86 INSTALL SALVAGE HYDRANT AND VALVE ASSEMBLY 4 EACH $500.00 $ 2,000.00 2 $ 1,000.00 87 12" GATE VALVE AND BOX 1 EACH $2,000.00 $ 2,000.00 $ - 88 4" POLYSTYRENE INSULATION 256 SF $10.00 $ 2,560.00 $ - 89 ADJUST VALVE BOX 5 EACH • $125.00 $ 625.00 5 $ 625.00 Total Bid Schedule "D" $ 25,410.00 $ 16,059.00 Bid Schedule "E" - Sanitary ITEM ESTIMATED CONTRACT UNIT USED TO NO. ITEM DESCRIPTION QUANTITY UNIT PRICE CONTRACT AMOUNT DATE EXTENSION 90 SALVAGE SANITARY CONE SECTION 9 EACH 8100.00 $ 900.00 7 $ 700.00 91 REMOVE SANITARY BARREL SECTION 7 EACH $100.00 $ 700.00 5 $ 500.00 92 CONNECT TO EXISTING SANITARY SEWER 2 EACH $1,200.00 $ 2,400.00 2 $ 2,400.00 93 CONNECT TO EXISTING SANTARY MANHOLE 1 EACH $1,500.00 $ 1,500.00 $ - 8" PVC (SDR 26) 20-22' DEEP 110 LF $45.00 $ 4,950.00 40 $ 1,800.00 S 8" PLUG 3 EACH $100.00 $ 300.00 2 $ 200.00 96 F &I SANITARY BARREL SECTION 15 LF $200.00 $ 3,000.00 16 $ 3,200 00 97 ADJUST SANITARY SEWER CASTING 8 EACH $200.00 $ 1,600.00 $ Total Bid Schedule "E" $ 15,350.00 $ 8,800.00 Y:1Municipal\AOTSEGO\370\spec ot370PE PE - 3 Mn /DOT TP- 2184 -02 (5/83) State of Minnesota Department of Transportation Page 1 of 1 - CHANGE ORDER #1 Contractor: Dresel Contracting, Inc. S.P. No. N/A Address: 24044 July Ave. F:P. No. N/A Chisago City, MN 55013 Location: CSAH 42 (Parrish Ave.) Reconstruction Contract No. N/A In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions: .. .Prv3 � : , .z, ., A Y:., ... ..- , e?A". A ... : - - d+� ^� ai, i� . r,. ..:>;r + .,<a w, - . , . - o' ti, • The Contractor was required to perform some extra work due to soft unsuitable subgrade material . located within the roadbed requiring subcut removal and importing granular material. ESTIMATE OF COST Added Items Bid Schedule "B" 1 ITEM NO. ITEM NAME UNIT QUANTITY UNIT PRICE AMOUNT 18a Subcut & Import Granular (CV) C.Y. 2700 $15.25 $41,175.00 Total $41,175.00 Original Contract Amount $2,035,683.65 Change in Contract due to this Change Order $ 41,175.00 Total Contract Amount $2,076,858.65 Issued by: // r‘41.4. Project ,r eer X Date Approved by: Otsego City Official Date Accepted by: 2V lV� .-. a� �►1 j C� Contra's Authdgked Representative Date CHANGE IN CONTRACT TIME Due to this change, the Contract Time: ❑ is Increased by ❑ Working Days ❑ is Decreased by ❑ Calendar Days ® is not changed. ❑ May be revised if the work affected the controlling opera ot370co1 DRAFT- September 11, 2006 DEVELOPMENT AGREEMENT GATEWAY NORTH BUSINESS PARK THIS AGREEMENT, entered into this _ day of , 2006, by and between DUKE REALTY LIMITED PARTNERSHIP a Limited Partnership under the laws of the State of Indiana, Developer, hereinafter referred to as "Developer," and the CITY OF OTSEGO, a Minnesota municipal corporation located in Wright County, hereinafter referred to as "City." RECITALS: WHEREAS, Developer is the fee owner of a parcel or parcels of land described in Exhibit "A" attached hereto and incorporated herein by reference, which parcel of land measuring approximately 157.68 acres is proposed for development as a subdivision and a Planned Unit Development ( "PUD ") for 109.71 acres of the property being rezoned as I -2 District with a Planned Unit Development including eight (8) lots as well as the dedication of right of way for construction of an extension of Queens Avenue in the City, and which subdivision is intended to bear the name GATEWAY NORTH BUSINESS PARK and may sometimes hereinafter be referred to as the "Subject Property" or the "Plat," and WHEREAS, on June 12, 2006 the City has rezoned portions of the Subject Property to I -2, General Industrial District with a Planned Unit Development Conditional Use Permit; and WHEREAS, on June 12, 2006 the City approved the Planned Unit Development ( "PUD ") for the plat GATEWAY NORTH BUSINESS PARK; and WHEREAS, on June 12, 2006 the City approved the Development Stage Plan Preliminary Plat and Site and Building Plans for the Subject Property; and WHEREAS, on June 12, 2006 the City approved a Preliminary and Final Plat of GATEWAY NORTH BUSINESS PARK, subject to certain conditions; and NOW THEREFORE, in consideration of the promises and mutual promises hereinafter contained, it is agreed between the parties as follows: 1. Conditions of Plat Approval. The City hereby approves the Plat on condition that the Developer enters into this Agreement, furnish the security required by it, and record the Plat with the Wright County Recorder or Registrar of Titles within one hundred (100) days after the Agreement is fully executed by both parties and all required security has been posted with the City. 2. Right to Proceed. Within the Plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this Agreement has been fully executed by both parties and filed with the Zoning Administrator, and all conditions contained in this Agreement have been met (excluding entering into a separate development agreement for Building 1 prior to construction of Building 1), 2) the necessary security required to be provided by Developer pursuant to this Agreement has been received by the City, 3) the Plat has been recorded with the Wright County Recorder's Office, 4) Developer has initiated and attended a pre - construction meeting with the City Engineer, and 5) the Zoning Administrator has issued a letter that all conditions to be satisfied by Developer prior to grading have been satisfied and that the Developer may proceed; or until such time as approval to commence earlier construction is specifically approved by the City, and Developer has fully complied with all conditions set forth by City staff. Notwithstanding the above, Developer may proceed with preliminary grading in accordance with an approved grading plan or preliminary utility work in accordance with approved grading and utility plans pursuant to a separate agreement with the City and posting of appropriate security. 3. Changes in Official Controls. For ten (10) years from the date of this Agreement, no amendments to the City's Comprehensive Plan, except changes in permit and processing fees or charges, shall apply to or affect the use, development density, lot size, setbacks, lot layout or dedications of the approved Plat unless required by state or federal law or agreed to in writing by the City and the Developer. 4. Development Plans. The approval granted by the City requires that the Plat be developed in accordance with the plans attached to this Agreement and the conditions stated below (hereinafter "Development Plans "). If the Development Plans vary from the written terms of this Agreement, the Development Plans shall control. The Development Plans are: Plan A Final Plat, GATEWAY NORTH BUSINESS PARK, dated , 2006 prepared by Schoell Madson. Plan B Grading, Drainage, Erosion Control Plan, dated 2006, prepared by Schoell Madson and as finally approved by the City Engineer. Plan C Storm Water Pollution Prevention Plan, dated 2006, prepared by Schoell Mason and as finally approved by the City Engineer. 5. Municipal Improvements. A. Petition for Improvements (Petition Items). Developer represents that it owns 100% of the Subject Property to be assessed for its agreed upon share of the assessment for the following improvements: City of Otsego Improvement Project No. 2006 -01, including road improvements by construction of a portion of Queens Avenue from 70 Street NE southward to 60 Street NE including construction of roadway, turn lanes, curb and gutter, trail, asphalt, street lights, landscaping, sanitary sewer, water lines (including the water tower) • and storm sewer drainage improvements and turn lanes on County Highway 37 as described therein (hereinafter "Petition Items "). The Subject Property represents more than 35% of the total project area to be assessed for the project and Developer herein petitions the City to proceed with the Petition Items. B. Waiver. Developer agrees to be assessed for said Petition Items less the water tower at 20% of their actual cost provided such 20% amount shall not exceed $530,000.00 (excluding the cost of Petition Items for the sanitary sewer and water lines located beneath Queens Avenue from 70 Street Southward to 60 Street NE for which Developer pays seventy percent (70 %) of the actual cost which shall not exceed $321.280.30) ( "Special Assessment "). Developer's share of Petition Deleted: Items only applies to those portions of the Plat which are to developed 3 as Industrial (designated as Outlot F). Developer waives any and all right to appeal the assessment, and waives any irregularities in procedure as well as any required hearings up to the amount set forth above. The waiver includes any appeal right provided for under statute, case law or Constitution. Developer retains only the right to appeal the assessment if it exceeds the amount waived, but only any amount above the waiver. With regards to areas of the Plat which are ultimately developed as residential or other than commercial (Outlot D), the then owner of such property shall pay an assessment or other charge based upon assessments or charges to other similarly situated residential properties benefited by the roadway portions of the Project. Any residential development of Outlot D shall require appropriate re- zoning, platting and a separate Developer's Agreement. C. Petition Items. The City shall construct as part of its City • Improvement Project No. 2006 -01 all of the Petition Items shown on Exhibit B attached hereto, pursuant to the Public Improvement Plans for City Improvement Project No. 2006 -01 utilizing its regular methods of making public improvements, subject only to additional requirements as set forth in Paragraph 29. The City shall make its best faith efforts to complete the water main, sanitary sewer and street work to service Developer's Building 1 by March 1, 2007 and the remaining Petition Items on or before December 31, 2007. If the City does not complete the water main and sanitary sewer by March 1, 2007, and Developer's Building 1 is completed, the City agrees to provide access to sanitary sewer and water services at its sole cost. Developer agrees that the Special Assessment for such Petition Items may be levied by the City, without Developer's objection or appeal, after construction is commenced in accordance with Chapter 429 of Minnesota Statutes and that and that the City may recover its costs and expenses (including legal, project management, administrative and engineering in accordance with Minnesota law but subject to the terms of this Agreement), provided said Special Assessments shall be levied in the amount or lesser amount of the respective cost of such Petition Items but in no event greater than $530,000.00. The Special Assessment shall be payable in equal principal and interest installments as determined by the City over a period of 15 years, computing said interest pursuant to City standard policies except that the interest rate shall be no more than 1% above the bond rate for bonds issued for the Project with the first installment coming due commensurate with the 2007 assessment for 2008 payable real estate taxes and assessments. 4 6. Payment for Petition Items. The Developer agrees, in accordance with the terms of this Agreement, to pay for the Petition Items in the manner set forth herein. A. Payment through Special Assessment. Developer agrees that it shall pay or cause to be paid the Special Assessment as set forth above. In order to secure the payment by Developer of the Special Assessment, Developer shall post with the City a Letter of Credit in the amount of $530,000.00. Said Letter of Credit shall remain in place until such time as the first tenant Certificate of Occupancy is issued for Developer's Building No. 1. Upon issuance of that Certificate of Occupancy and payment of one year's portion of the Special Assessment, Developer shall be released from the Letter of Credit requirement. Upon request of the Developer and satisfaction of the letter of credit requirement, the City agrees to provide the Developer a release or satisfaction of this requirement in recordable form. B. Payment in Cash of a Portion of the Petition Items. A 70% portion of the Petition Items less the water tower (specifically the sanitary sewer and watermain and lines located beneath Queens Avenue from 70 Street southward to 60 Street NE) is Developer's obligation and would normally be improvements completed by Developer. Since they are included in the Petition Items, Developer shall pay for these improvements at the time that this Agreement is executed. Developer's payment for these items is $ }21.280.30, which includes a (Deleted: proportionate share of the related engineering and other expenses. Developer is provided with two credits against this amount. The first credit is for grading work to the roadway bed of the proposed Queens Avenue and is in the amount of $150,000.00. The second credit is for the conveyance of Outlot to the City for purposes of construction of - ( Deleted: a City water tower and is in the amount of $100,000.00. Thus, Developer's total cash obligation to the City for these items shall not exceed $21,280.30. The City shall refund any amounts paid by 1 Dei t a Developer in excess of the actual cost to complete such improvements. C. Developer Obligation for Grading Improvements. Developer is obligated to provide security for Developer's Internal Improvements, as hereinafter defined, through a Letter of Credit in the amount of $329,000.00. Developer has already fulfilled this obligation. D. Default. If there is a default in payment of any installment of any of the Assessments on the Developer's parcel (Outlot F), the City may 5 give written notice of default to the Developer, and if the delinquent installment (including penalties and interest) is not paid within 30 days after the notice, the City may draw upon the defaulting, party's surety. E. Assignment and /or Transfer of Assessments and Surety Obligations. The assessments levied for City Project No. 2006 -01 or any other City project previously levied, or to be levied as a part of activating previously deferred assessments, if any, against the Subject Property, or portion thereof, shall run with the Subject Property and be assumed by the new purchaser of the Subject Property, or portion thereof, upon the sale or transfer of any fee ownership interest in the Subject Property. Developer, unless the new purchaser has submitted its own sureties as allowed, however, shall maintain the sureties required under Section 6 hereof in the event the Special Assessment is not timely paid. At such time as a lot has been developed with a building or buildings to which a • Tenant Certificate of Occupancy has been issued, or one year's installment of pro -rated assessments for the Plat has been paid in full, Developer, (or in the case of a new Developer), shall be released for that lot, from the security requirement in Section 6 hereof. Said release shall be made pursuant to Section 6 hereof. If only a portion of the Subject Property subject to said Special Assessment is transferred, the new purchaser may assume the Special Assessments attributable only to that portion which is being sold or transferred subject to Developer of purchaser maintaining the surety required in Section 6 of this Agreement until such time as the first building is constructed thereon and the Tenant Certificate of Occupancy issued therefor or the surety is released as provided in Section 6 of this Agreement. F. Security- Letter of Credit Requirement. The requirement that Developer maintain an ongoing Letter of Credit to insure payment of the Special Assessment shall terminate at such time as a Tenant Certificate of Occupancy has been issued for the first Commercial - Industrial building within the Plat. G. Security and Cash Payment, Developer's Internal Improvements and Developer's Obligation for Payment of a Portion of City Constructed Improvements. a. Developer's Internal Improvements. Developer shall construct the following improvements within the Plat: site 6 grading, drainage, erosion and sediment control and wetland protection within the Plat and which are further identified on Exhibit C attached hereto ( "Developer's Internal Improvements "). The Developer's Internal Improvements shall be constructed at Developer's sole cost and shall be constructed to City standards and pursuant to plans approved by the City, and where applicable within City right of way or easement. The Developer's Internal Improvements, where applicable, shall pass to City ownership upon acceptance by the City and without further action. Developer shall also construct private improvements, including private streets and sidewalks, within Outlot F of the Subject Property which shall be constructed to City standards. Developer is responsible for ongoing maintenance of all private improvements. Any amounts not utilized by the City for completion of Developer's Internal Improvements or to reimburse the City for additional expense incurred will be returned to Developer. b. Upon receipt of proof satisfactory to the City that the Developer's Internal Improvements have been completed in accordance with the plans for such and financial obligations to the City have been satisfied, with City approval, the security may be reduced from time to time down to $ 32,916.00, or 10% of the security, or to the amount of warranty security, whichever is more. A warranty security in the amount of $ 32,916.00 shall be posted with the City as set forth in Paragraph 28 of this Agreement. • Notwithstanding the posting of that warranty security, the security shall not be reduced below ten percent (10 %) of the posted security until all Developer's Internal Improvements have been completed, and all financial obligations to the City satisfied (which includes posting of warranty security). c. In addition to the Letter of Credit for Developer's Internal Improvements, Developer shall also deposit with the City ,S321,280.30 in cash for it's share of the cost of the City Deleted: construction of sanitary sewer and water lines constructed under Queens Avenue between 70 Street southward to 65 Street NE which are included within Otsego City Project No. 2006 -01 which are part of the Petition Items. 7 This letter of credit and cash shall be submitted to the City prior to City execution of this Agreement and the Plat. All fees this Agreement requires Developer to pay shall be paid to the City prior to execution of the plat and the Development Agreement. H. Surety Deficiency. In the event that the respective letters of credits are ever utilized and found to be deficient in amount to pay or reimburse the City in total the amounts required to be paid by Developer pursuant to the terms of this Agreement on the Developer's parcels, as the case may be, Developer agrees that upon being notified by the City of such deficiency, the Developer will pay the said deficient amount or provide additional surety within fourteen (14) days of the mailing of said billings. If there should be an overage in the amount of utilized security City will, upon making said determination, refund to the Developer any monies or surety which City has in its possession, which are in excess of the surety • needed. I. Surety Reduction and Relative Release. Surety posted by Developer may be reduced from time to time as provided in this Agreement and under the following circumstances: a. When other acceptable sureties are furnished to the City to replace prior sureties, such as the sale of a lot to a new Developer, wherein the new Developer becomes a party to the this Agreement by being a successor in interest to Developer, and the new Developer provides City with an acceptable surety based upon a prorata (per square foot) basis. b. When, upon closing of sale of any lot to a new Developer, payment of one year's installment of special assessment on a prorata (per square foot) basis to City is made. c. When the first building is completed on any lot within Subject Property and one year's of installment of the Special Assessment have been paid to City, and the first Tenant Certificate of Occupancy is issued for that building, the surety shall be released by the City. J. Reduction Limit. No reduction shall be made which would result in the surety held being less than ten percent (10 %) of the original surety 8 amount for the Petition Items until the final costs are known and assessed. K. Draw on Expiring Letter of Credit. In the event a surety or other form of guarantee referred to herein is in the form of an irrevocable letter of credit, which by its terms will become null and void prior to the time at which all money or obligation of Developer, is paid or completed, or when it can be released as provided in this Agreement, it is agreed that Developer shall provide City with a new letter of credit or other surety, acceptable to City, at least thirty (30) days prior to the expiration of the said expiring Letter of Credit. If a new Letter of Credit is not received as required above. City may declare a default in the terms of this Agreement and thence draw in part or in total, at City's discretion, upon the expiring Letter of Credit to avoid the loss of surety for the continued obligation. L. Single Letter of Credit. Developer may elect to provide all sureties required by this Agreement (except for escrow and cash requirements) by providing a single Letter of Credit. 7. Developer or Lot Owner Private Improvements. The Developer or Individual Lot Owner (any Purchaser of a lot within the Plat after this Agreement) agree that it shall cause to be constructed and installed certain private improvements ( "Private Improvements ") on individual lots within the Plat when the individual lots are developed. All Private Improvements are to be installed at Developer's or Lot Owner's sole cost and expense and shall be pursuant to a separate development agreement that affects a particular lot or lots only, including: a. Parking areas and common drives. b. Parking lot lights. c. Site grading. d. Underground utilities e. Setting of lot and block monuments. f. Construction surveying and staking outside of City, County and/or MnDOT right of ways or City easements. 9 g. The City and individual lot owner(s) shall enter into separate Development Agreement(s) which shall provide that the Private Improvements (and any public improvements) shall be installed in accordance with all applicable building codes and City standards, ordinances, and the plans furnished to the City and approved by the City Engineer. The Developer or individual Lot Owner shall obtain all necessary permits before proceeding with construction. The City shall provide adequate field inspection personnel to assure acceptable quality control, which will allow certification of the construction work. The City may, when reasonably required to do so and at the Developer's expense, have one (1) or more City inspectors and a soil engineer inspect the work. Within thirty (30) days after the completion of the improvements and before any security (required under such separate development agreement) is released, the Developer or Lot Owner shall supply the City with a complete set of reproducible "as built" plans and two (2) complete sets of blue line "as built" plans prepared in accordance with City standards. Iron monuments shall be installed in accordance with Minnesota Statutes 505.02. The Developer's surveyor shall submit a written notice to the City certifying that the monuments are installed. 8. Storm Water Fees. The City agrees not to charge any Storm Water Fees against the land within the Plat. 9. City Engineering Administration and Construction Observation, and Legal and Administrative Fees Escrow. The Developer shall pay a fee for the City's consulting engineering and Administration upon executing the Plat or signing this Agreement in the amounts specifically set forth below. City Engineering administration will include monitoring of construction, observation, consultation with Developer and its engineer on status of problems regarding the project, monitoring during the warranty period and processing of requests for reduction in security. Developer's responsibility to pay any fees shall not exceed the amounts set forth in this Paragraph. Fees for construction or individual lots shall be determined at time of development and shall be included in a separate development agreement with each individual Lot Owner prior to construction. FEES FOR DEVELOPER'S INTERNAL IMPROVEMENTS AND CITY FEES 10 City Construction Administration Utility and Street Inspection Fees Fee $ 13.320.00 City Administrative Fee None Legal Fee Escrow $ 10,000.00 Trunk Water and Sewer Access Fee To be included in individual agree - 1. Trunk Sanitary Sewer (SAC) ments for lots 2. Trunk Water (WAC) approved but subject to paragraph 29 in this Agreement. Street and Traffic Control Signs None 37 signs x $0.00 per sign Trunk Storm Water Impact Fee NA TOTAL FEES — AMOUNT DETERMINED AT TIME OF AGREEMENT EXECUTION $ 23,320.00 9. Grading, Landscaping and Drainage. The Developer shall be responsible for grading, landscaping and storm water management as more fully set forth in this Agreement and the Development Plans. The Developer, as an individual lot owner or an individual lot owner shall submit to the City for approval a landscaping plan for each lot within the Plat. In furtherance of this obligation of the Developer: a. Landscaping. The Developer or individual lot owner shall be responsible for full and complete implementation of the Landscaping Plan. In order to insure compliance with the landscaping Plan, Developer or individual lot owner shall submit to the City security to insure implementation of the Plan in an amount, term and form to be determined by the City. Said security may be used to cure any deficiency in the approved Landscape Plan, and to insure any warranties required by the City. If the landscaping is not timely completed after substantial completion of any building and after thirty (30) days notice from the City and an opportunity to cure by Developer or individual lot owner, the City may enter the individual 11 lot, perform the landscape work, and apply the security toward the cost. Developer shall sod and landscape all boulevard areas pursuant to an approved Landscape Plan for each lot and shall maintain the sod and landscaping through at least one growing season and to the satisfaction of the City. The long term maintenance of sod and landscaping of boulevard areas shall be the responsibility of Individual Lot Owners after purchase of any individual lot, pursuant to the separate Development Agreement with any lot owners. Developer shall have responsibility for long term maintenance of boulevard sod and landscaping until such time as an individual lot is transferred. Further, Developer shall be responsible for mowing, elimination of weeds and removal of any garbage or debris of all portions of the Plat until they are transferred to Individual Lot Owners. Upon satisfactory completion of the landscaping, the security, without interest and less any draw there from made by the City, shall be returned to the Developer or individual lot owner. If the Developer is providing any trees, grass, seed, and sod as part of a Development Plan, the Developer shall maintain said plantings and warrant them to remain alive, of good quality and disease free for twelve (12) months after planting. Any replacement shall be warranted for twelve (12) months from the time of planting. The Developer shall post security as set forth above, to the City to secure these warranties. There shall be a Landscaping Plan for each individual lot within the Plat and a separate agreement shall be executed by the City and each individual Lot Owner setting forth specific landscaping requirements for that lot and establishing a security for implementation of the Plan. - b. Erosion Control. The erosion control plan for the Plat has been reviewed and approved by the City and implemented by Developer prior to rough grading. The City may impose additional erosion control requirements if, in the reasonable opinion of the City Engineer, they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. If the Developer does not comply with the erosion control plan and schedule or any supplementary instructions, the City may, with reasonable notice, take action as it deems appropriate in accordance with all applicable laws. 12 c. Grading Plan. Plat grading shall be in accordance with the grading plan (Plan B set forth on the Plat and Bench Grading Plan). Ponds, swales, and ditches shall be constructed on public easements or land owned by the City. Within thirty (30) days after completion of grading and before any retained security is fully released, the Developer shall provide the City with an "as built" grading plan including certification by a registered land surveyor or engineer that all ponds, swales, and ditches have been constructed on public easements or land owned by the City. "As built" plans shall include field verified elevations of the following: i. Cross sections of ponds ii. Location and elevations of swales and ditches iii. Lot corners and house pads Occupancy permits for any particular development on a lot shall not be issued until the grading and drainage plan for such lot is complete and approved by the City. • 10. Right of Entry. The Developer hereby grants to the City, its agents, employees, officers and contractors a right of entry to enter the Plat to perform any and all work and inspections necessary or deemed appropriate by the City during the installation of the Petition Items and Internal Grading Improvements, or to make any necessary corrective actions necessary by the City. Except in emergency situations, as defined by the City, the City shall give the Developer ten (10) business days notice stating the deficiencies and necessary corrections prior to making any corrective action. Said right of entry shall continue until the City finally accepts any public improvements within the Plat. 11. Pre - Construction Activity. The Developer shall schedule a pre - construction meeting with the City to review the proposed schedule for grading and to coordinate the schedule with the installation of the Petition Items. 12. Park and Trail Dedication. Developer's obligation to pay Park and Trail dedication for the Plat has been waived by the City in lieu of other considerations provided by the Developer. 13. Ownership of Improvements. Upon completion of the work and construction required by this Agreement, improvements lying within public easements shall become City property without further notice or action, except 13 that those streets which will be maintained as private drives shall remain under Developer's ownership subject to any and all necessary City easements. 14. Clean Up. The Developer shall promptly clean any and all dirt and debris from streets resulting from construction work by the Developer, its agents or assigns. 15. Further Agreements. The Developer or Lot Owners purchasing lots or outlots within the Plat shall enter into additional development agreements with the City as a condition of approval of individual developments. Said development agreements shall incorporate applicable portions of this Agreement, as well as individual items such as, but not limited to, escrow, . sewer and water availability charges, landscaping, economic incentives and other matters. Said development agreements, shall also contain the amount of assessment for the roadway portion of Queens Avenue, prorated by acreage for each individual lot, or established under a different allocation if agreed to by the City, Developer and Lot Owner. 16. Restrictions. The following restrictions apply to the property and all lots, thereon shall be held, sold, and conveyed subject to the following conditions and restrictions, which are for the purpose of protecting the value and desirability of the plat and insuring that all conditions imposed by the City in this Agreement are properly recorded against the property. Said conditions shall run with the real property and be binding on all parties having a right, title or interest in the Plat, or any part thereof, their heirs, executors, representatives, successors and assigns: NONE. • 17. AUAR. Developer has initiated an AUAR (Alternative Urban Areawide Review) for the Plat that the City approved on June 26, 2006. Developer shall comply with all terms and conditions of any City approval of the AUAR and implement any and all actions or mitigation required by City approval. 18. Responsibility for Costs. a. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the Plat, including, but not limited to, legal, planning, engineering, and inspection expenses incurred in connection with development of said Plat, the preparation of this Agreement, and all costs and expenses incurred by the City in monitoring and inspecting development of the Plat subject to the provisions of paragraph 9 above. 14 b. The Developer shall hold the City and its officers and employees harmless from claims made by themselves and third parties for damages sustained or costs incurred resulting from Developer's acts in connection with development of the Subject Property by Developer. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. c. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering fees, attorney's fees, and costs and disbursements. The City shall reimburse the Developer for costs incurred in the enforcement of this Agreement, including engineering fees, attorney's fees, and costs and disbursements. d. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement and agreed to be paid by Developer under this Agreement within thirty (30) days after receipt. If the bills are not paid on time, and the Developer does not reasonably dispute the payment or amount of such bill the City may halt all Plat development work and construction, including but not limited to the issuance of building permits for lots which the Developer has sold, until all bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of twelve percent (12 %) per year. 19. Developer's Default. In the event of default by the Developer in the completion of the Developer's Internal Improvements, the City may, at its option, perform the work and the City may then draw down the security established in Paragraph 7 to pay for any work undertaken, provided the Developer is first given written notice of the default, in accordance with Paragraph 17 above. This notice provision does not apply if the work performed by the City or its contractors is of an emergency nature, as determined at the sole discretion of the City. Should such emergency work be required the City will make all reasonable efforts to notify the Developer as soon as possible. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part to the Subject Property pursuant to any applicable statutes or ordinances. 20. Claims. In the event that the City receives claims from labor, materialmen, or others that perform work required for the Developer's Internal Improvements, and the sums due from Developer to them have not been paid, and the laborers, materialmen or others have filed a lien against the Subject 15 Property and are seeking payment from the City, the City hereby agrees to provide Developer with a written notice of such claim. If Developer does not satisfy such claim or commence action against such claimant for wrongfully claiming such amount is due then Developer hereby authorizes the City to commence an interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to one hundred twenty -five percent (125 %) of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorney fees pursuant to this Agreement. In the event that the Developer desires to make a cash deposit instead of drawing down the letter of credit if a claim is made as stated above, the Developer shall immediately notify the City of this intent at the time the claim is made and shall delivery one hundred twenty -five percent (125 %) of the claim to the City within ten (10) days of such notice in the form of cash or certified check. The City agrees to pay all amounts when due for completion of the Petition Items and will cause any liens that may be filed against the Subject Property as a result of completion of the Petition Items to be released within thirty (30) days after written notice from the Developer. 21. Miscellaneous. a. The Developer represents to the City that to the best of its knowledge the Plat has been completed in compliance with all applicable County, metropolitan, state, and federal laws and regulations, including but not limited to, Subdivision Ordinances, Zoning Ordinances, and environmental regulations except where specifically excluded by this agreement and in effect upon the date of approval. b. Third parties shall have no recourse against the City under this Agreement. c. Material breach of any of the terms of this Agreement by the Developer shall be grounds for denial or revocation of building permits for all property within the Plat. d. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. e. If building permits are issued prior to the completion and acceptance of the Developer's Internal Improvements, the Developer shall 16 • assume all liability for the costs resulting in any delay in completion of the Developer's Internal Improvements and damage to any public improvements caused by the City, the Developer, its contractors, subcontractors, materialmen, employees, agents. or third parties. No one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface, unless a specific exception is approved by the City or in the event that the City is required to complete said street and fails to do so. f. The action or inaction of the City or Developer shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in •writing, signed by the parties and approved by written resolution of the City Council. The City's or Developer's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. g. This Agreement shall run with the land, shall be recorded against the title to the property, and shall be binding on all parties having any right, title or interests in the Plat or any part thereof, their heirs, successors, and assigns. After the Developer has completed the Developer's Internal Improvements, at the Developer's request, the City will execute and deliver to the Developer a release or partial release(s) of this Agreement. h. The Developer shall take out and maintain until one (1) year after the City has accepted the Developer's Internal Improvements, public liability and property damage insurance covering personal injury, including death, and any claims for property damage which may arise out of the Developer's work or the work of their subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall not be less than $500,000.00 for one person and $1,000,000.00 for each occurrence; limits for property damage shall be not less than $200,000.00 for each occurrence. The City shall be named as an additional insured on said policy, and the Developer shall file a copy of the insurance coverage with the City prior to the City issuing further building permits. The City shall be responsible for any property damage or injury, including death, which may arise out of the City's construction of the City Work or the work of its subcontractors or by one directly or indirectly employed by any of them. i. Each right, power or remedy herein conferred upon the City or the Developer is cumulative and in addition to every other right, power or 17 remedy, express or implied. now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City or the Developer and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. j. The Developer shall pay for all local costs related to drainage improvements required to complete the construction according to the plans and conditions that are a part of this Agreement. Local costs are costs related to required internal drainage improvements such as retention ponds. k. Should development of the Plat proceed at a pace slower than anticipated, and for that reason, specific terms of this Agreement become onerous or unduly burdensome to the Developer, upon Developer's application, the City will enter into negotiations regarding those specific terms and shall not unreasonably withhold consent to appropriate changes in the terms of this Agreement. 1. Developer shall demonstrate and maintain compliance with the 1991 Wetland Conservation Act. m. Developer shall be responsible for all on site drainage well as for any affects that their actions may have on adjoining properties. Specifically, Developer shall maintain existing drainage tiles on site, and shall be responsible for any and all drainage problems related to either the site drainage tiles or problems with on -site drainage facilities to be constructed in accordance with this agreement and Plat approval. n. Developer agrees that while Queens Avenue is being graded, an independent testing firm shall test the street section in fill areas so as to certify that the contractor is achieving 95% of the standard moisture density relationship of soils except the top three (3) feet of the street section, which shall be compacted to 100% density. The Otsego City Engineer shall receive a copy of the test. 22. Separability. In case any one or more of the provisions contained in this Agreement shall be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained 18 herein and any other application thereof shall not in any way be affected or impaired thereby. 23. Violation of Agreement. If, while the security provided pursuant to Paragraph 7 of this Agreement is outstanding, a violation of any of the Covenants or agreements herein contained occurs and such violation is not cured within thirty (30) days after written notice thereof from City to the offending party, the City may draw upon the Developer's security and apply the amount so drawn to pay for said Escrow Items to the extent of surety so provided pursuant to Paragraph 7 herein; and to pay for Petition Items, to the extent of surety provided for Petition Items, so as to provide the City cash flow pursuant to all terms of Paragraph 7 of this Agreement. 24. Warranty. The Developer warrants all work required to be performed by it for the Developer's Internal Improvements against poor material and faulty workmanship for a period of one (1) year after its completion and acceptance by the City. The amount of posted warranty security for Developer's Internal Improvements to be posted by the Developer shall be in the amount of $32,916.00. The amount has been determined by the City Engineer and is based upon the costs of the raw materials and labor which would be necessary to correct the most common deficiencies in such Developer's Internal Improvements. The warranty obligation as set forth above is not an additional letter of credit that must be posted with the security required at time of execution of this Agreement, but is instead a separate obligation that may be secured by the City retaining a portion of the original Letter of Credit or by Developer submitting a warranty letter of credit at such time as the Developer's Internal Improvements within the Plat are accepted. 25. Maintain Public Property Damaged or Cluttered During Construction. Developer agrees to assume full financial responsibility for any damage which may occur to public property including, but not limited to, street, street sub -base, base, bituminous surface, curb, utility system including, but not limited to, watermain, sanitary sewer or storm sewer when said damage occurs as a result of construction activity which takes place during development of the Subject Property by Developer or its contractors, except for damage caused by City, its employees, agents or contractors. Developer further agrees to pay all costs required to repair the streets and /or utility systems damaged or cluttered with debris when occurring as a direct or indirect result of the Developer's construction that takes place on the lots within the Subject Property. In the event Developer is required to maintain or repair such damage and fails to maintain or repair the damaged public property referred to aforesaid within thirty (30) days after written notice from the City or such longer period as may be reasonably necessary or in 19 the event of an emergency a shorter time period as determined by the City, City may, upon notifying said party undertake making or causing it to be repaired or maintained. When City undertakes such repair, Developers shall reimburse City for all of its reasonable expenses within thirty (30) days of its billing to the respective party in which repair was required. If Developer fails to pay said bill within thirty (30) days, the security shall be responsible for reimbursing City therefor. 26. City Improvement of Queens Avenue. In reliance upon Developer's platting of the property and making grading improvements as well as the Assessment obligation made in this Agreement, the City agrees to bid out, approve and make all good faith efforts to substantially complete the Petition Items for the watermain, sanitary sewer and street work to service Developer's building 1 by March 1, 2007. The City also agrees to make all good faith efforts to have the remainder of the Petition items as well as the Water Tower completed on or before December 31, 2007 with the understanding that construction on water tower facilities are sometimes subject to delay due to timing issues related to painting of the tower. If the City does not complete the water main and sanitary sewer by March 1, 2007 and Developer's Building 1 is completed, the City agrees, to provide Dei Deleted: temporar} access to sanitary sewer and water services at its sole cost. The project, provide Bu Otsego City Project No. 2006- 01,wi11 proceed following required statutory Deleted: and municipal procedures for an assessment project. 27. Water Tower Site. Developer shall convey to the City for payment of $100,000.00 ( "Outlot E Price ") Outlot E for purposes of constructing a City water tower on that site. Prior to the conveyance Developer shall have • graded the site to an elevation of approximately 952 feet and to the satisfaction of the City Engineer. The City shall pay the Outlot E Price to Developer in the form the credit against Developer's obligation described in paragraph 6B to pay for 70% of the cost of completion of the sanitary sewer and water facilities under Queens Avenue from 70 Street southward to 65 Street NE. 28. SAC and WAC Fees for Individual Lots. If Developer proceeds to construct industrial buildings upon Outlot F of the Plat in compliance with the City's I -2 zoning district, substantially in accordance with the Concept Plan submitted to and approved by the City, and with office space no more than the 15% of the total leasable space for each building the City agrees to calculate SAC and WAC fees based upon actual the actual water usage of the buildings proposed rather than by utilizing current Metropolitan Council standards for calculating hookup fees. It is the intent of this Agreement that Developer be provided a benefit between the hookup fees 20 based upon actual water usage versus Metropolitan Council standard calculations. It shall be Developer's responsibility to provide the City with relevant information on water usage of buildings to be built by Developer in order to provide a basis for City SAC and WAC calculations. The City shall provide Developer with the actual calculations for City SAC and WAC charges. If Developer constructs buildings which comply with the paragraph above having no more than 15% leasable office space, the City agrees to charge two (2) SAC and WAC fees per complying building. In the event that Developer submits plans for buildings which exceed a 15% office finish or are constructed for uses which will. use unreasonably large amounts of water, the City and Developer shall negotiate with the intent of reaching a mutually agreeable charge for any such building, within the spirit of this paragraph. The SAC and WAC fees for a building that exceeds 15% leasable office space shall be determined in the same proportion as a building with 15% leaseable office space. For example, if a building has 30% leaseable office space, the number of SAC and WAC fees would be four (4), unless the use proposed for the building requires unreasonably large water usage. SAC and WAC fees will be established at the time of final platting or upon Building and Site approval for each such building and shall be contained in a separate development agreement between property owners and the City. No Certificate of Occupancy shall be issued until such time as SAC and WAC fees for each building are paid. Any residential development on Outlot D or any other portion of the Plat shall be charged SAC and WAC fees in accordance with said fees in place at the time of actual development of the property. Said fees shall be contained in a separate development agreement for the residential site. 30. Tax Abatement Applications. Developer has acquired two adjacent parcels of property to its original site for incorporation into the Plat. Developer has paid $ 2,000,000.00 for said properties. Pursuant to it's initial Agreement with Developer, the City will receive application from Developer for tax abatements in the amount of the difference between actual payment for said outlots of at least 1.5 million and up to 2 million dollars. The City agrees to receive and process the application and if Developer complies with all applicable requirements to receive tax abatement the City will approve such tax abatements in an amount equal to $500,000.00 and over a period of ten (10) years but in compliance with all applicable statutory requirements and limits. 21 31. Non - Assignment Without Consent. The obligations of the Developer under this Agreement may be assigned by the Developers if the Assignment is approved by the City. However, the Developers shall not be released from their obligations under this Agreement without the express written consent of the City Council through Council resolution. 32. Subordination. The Agreement contains obligations of the City to construct certain improvements to Queens Avenue and to assess or charge related costs to the Developer and other benefited properties. In order to meet these obligations the City will have to bond for funding. Collection of all assessments is crucial for the City to pay the debt service for the bond. This Agreement must be recorded against the property contained within the Plat and all other liens, interests or mortgages shall be subordinate to the terms and conditions of this Agreement and said Agreement shall not be subject to foreclosure by any other lien, interest or mortgage. The Plat shall not be released by the City until a Subordination Agreement in form approved by the City has been executed by any such lien or mortgage holder and recorded with the Plat. 33. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail or sent by overnight delivery at the following address: Duke RealtyLimited Partnership, c/o Duke Realty Corporation, Attn: Patrick E. Mascia, 1600 Utica Avenue South, Suite 250, St. Louis Park, MN 55416 with a copy to Ann Colussi Dee, Esq., Duke Realty Corporation, 6133 North River Road, Suite 200, Rosemont, IL 60018. Notice to the City shall be in writing and shall be either hand delivered to the • City Clerk or Deputy City Clerk or mailed by registered mail or sent by overnight delivery at the following address: City of Otsego, City Hall, 8899 Nashua Avenue NE, Otsego, MN 55330, Attention: City Clerk: 34. Agreement Effect. This Agreement shall be binding and extend to the respective representatives, heirs, successors and assigns of the parties hereto. 35. Amendment. This Agreement shall be amended only by addendum executed by both parties to the Agreement. 36. Turnback Land. The City agrees to convey to Developer the approximately 1.09 acre piece of property graphically depicted on Exhibit C (the "Turnback Land ") at no cost to Developer within thirty (30) days after the Turnback Land is transferred from the Minnesota Department of Transportation to the City, subject to necessary City easements. 22 CITY OF OTSEGO Larry Fournier, Mayor Judy Hudson, City Clerk DUKE REALTY LIMITED PARTNERSHIP An Indiana limited partnership By: Duke Realty Corporation, Its General Partner By: Patrick E. Mascia Senior Vice President 23 • STATE OF MINNESOTA ) COUNTY OF WRIGHT ) ss. • CITY OF OTSEGO ) On this day of , 2006, before me personally appeared Larry Fournier and Judy Hudson to me known to be the persons described in the foregoing instrument and who did say they are, respectively, the Mayor and City Clerk of the municipal corporation named therein and that the seal affixed to said instrument is the corporate seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council and said Larry Fournier and Judy Hudson acknowledged said instrument to be the free act and deed of said municipal corporation. NOTARY PUBLIC STATE OF MINNESOTA ) COUNTY OF WRIGHT ) ss. . CITY OF OTSEGO ) On this day of , 2006, before me personally appeared , to me known to be the person described in the foregoing instrument and who did say s/he is the of Duke Realty Corporation, the general partner of Duke Realty Limited Partnership, and that said instrument was signed on behalf of Duke Realty Limited Partnership with • authority and on behalf of the partnership and said acknowledged said instrument to be the free act and deed of said entity. NOTARY PUBLIC DRAFTED BY: Couri, MacArthur & Ruppe, P.L.L.P. P.O. Box 369 705 Central Avenue East St. Michael, MN 55376 (763) 497 -1930 e:\real estate \minn industrial \gateway north \development \development agreement v2.doe. 9/11/2006 1:23 1'h1, (Deleted: 24 EXHIBIT A Legal Description of GATEWAY NORTH. 25 EXHIBIT B All public improvements to Queens Avenue, Otsego, Wright County, Minnesota including, but not limited to, pavement, trails, sidewalks, storm water improvements as set forth in the City approved Development Plans for Otsego City Project No. 2006 -01 as prepared by the Otsego City Engineer Hakanson Anderson Associates, Inc. and as approved by the Otsego City Council. • • 26 Page 1 of 1 Andrew MacArthur From: "Ann Dee" <Ann.Dee @dukerealty.com> To: < amacarthur @earthlink.net> Cc: "Pat Mascia" <Pat.Mascia @dukerealty.com >; "David Bade" < David .Bade @dukerealty.com >; "Ron Wagner' <ronw @hakanson- anderson.com >; <Judy @ci.otsego.mn.us> Sent: Monday, September 11, 2006 1:41 PM Subject: RE: Gateway North Duke Charges Andy, Thanks for the redraft. If time allows, you will want to modify paragraph 26 relating to the temporary water and sewer to match the revised language in 5C. Ann Original Message From: Andrew MacArthur [mailto :amacarthur @earthlink.net] • Sent: Monday, September 11, 2006 12:38 PM To: Ann Dee; Pat Mascia; David Bade; Ron Wagner; Judy @ci.otsego.mn.us Subject: Gateway North Duke Charges Ron just gave me the number for the credit on sanitary and sewer lines as $243,412.70. The following are deducted: Total cost $826,693.00 - $243,412.70 Credit for trunk - $150,000.00 Credit for grading - $100,000.00 Credit for water tower conveyance - $ 12,000.00 Difference between actual cost and bonding cost for letter of credit TOTAL $ 321,280.00 Cash payment by Duke Reduction in Escrow from $ 60,720.00 to $23,320.00 = $37,400.00 savings to Duke $243,412.70 +$ 12,000.00 + $ 37,400.00 $ 292,812.70 Difference I will insert these numbers into Developer's Agreement if there are no objections. 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GiOIOb G • IObh'I'I Bidders List Anderson OT373 Improvement Project Number 06 -12 CSAH #42 Traffic Signal September 7, 2006, 2:00 p.m. BID CONTRACTOR BOND ' BASE BID Minneapolis Builders Exchange r Brown Traffic Products 1. Traffic Control Corp. Killmer Electric 3' / c) ✓ The Egan Companies 4 /4/ ( ° l Electrical Installation & Maintenance Granite Ledge Electrical Contractors �. 0 00 United Rentals Highway Tech. Safety Signs Ridgedale Electric ' ! ! 2,6-00 Honda Electric f Design Electrical Contractors 4 O 70 Wright County Highway Dept. /// Wright County Highway Dept. ColliSys 7;7i 940 • i d and opened by: 4 6 , dr •.,. ire Sa10FFICE MASTER FORMS- SPECSISPECSIUSTS1BidLiet.doc • . • iiv.iiu r.c�J Makanson Bidders List Anderson OT521 `' Elevated Water Storage Tank & "rower # 3 September 7, 2006, 2:00 F ,rn. BID Rec.'v 2 CONTRACTOR BOND Addendirms BASE BID Minneapolis Builders Exchange Caldwell Tanks ✓ ✓ 414,00(3.— 4- 5 0 4 " �t 14 VOA CB &I Constructors ✓ ✓ • p 000. g 4 t Dom. RI} Minnesota Pipe & Equipment General Construction Services National Waterworks MEDA Minority Contractors Plant and Flanged Equipment Pittsburg Tank & Tower ' O? f (p00. --- ggse Company ✓ f ✓ (o ( 000 Hakanson Anderson Associates, Inc. City of Otsego • i - - and opened by: i 1 • S : \OFF10E \MASTER FORMS- SPECS \SPECS \LISTS\BldList.doc ....r. . . . `.`rvv - v 1 IV . 11 V 1 • •.J/ J Bidders List Ii1 1fl, Dual Forcemains Along NE 65 " Street September 7, 2006, 2:00 .m. CONTRACTOR I BOND Rec.'v Addy sndum BASE BID Minneapolis Builders Exchange Mincomm Minnesota Pipe & Equipment EBI Drilling National Waterworks Randy Kramer Excavating / 1//3 ,?/ Northern Water Works Supply / 7 Landwehr Construction / 396 6Z3.1 c � GM Contracting J / f HM / 7 3 / S.R. Weidema i 0.761 60 ✓ Frontier Pipeline I I j Frontier Pipeline Ellingson Companies tj 37 761 77 Cretex Concrete Products. North • Forrer Supply Co. Ernst Trenching • EJM Pipe Services MP Nexlevel King Contracting GL Contracting j 3'7 ‘9 a ••, S: \OFFICE\\MASTER FORMS- SPECS\SPECS \LISTS \BIdUet.doc I CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2006-68 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT WHEREAS, costs have been determined for the improvement of Quaday Avenue between 78 Street and County Road 37 within Otsego and the expenses incurred by the City in making such improvement amount to $1,623,788.40 so that the total cost of the improvement will be $2,153,788.40. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA: 1. The portion of the improvement to be paid by the city is hereby declared to be $1,623,788.40 and the portion of the cost to be assessed against benefited property owners is declared to be $614,991.30. 2. Assessments shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 2007 and shall bear interest at the rate of 6 per cent per annum from the date of adoption of the assessment resolution. 3. The City Clerk and the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the area affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the office of the City Clerk for public inspection. 4. The clerk shall upon completion of such proposed assessment, notify the City Council. ADOPTED by the Otsego City Council this 11 day of September, 2006. IN FAVOR: OPPOSED: 1 STEM 11.1 Mayor and Members of the Otsego City Council 8899 Nashua Avenue Otsego, Minnesota 55330 Dear Mayor and Council Members: I have attached my proposal to develop a compensation plan for the City. I have incorporated input from Administration committee and senior staff. While I indicate in the proposal that the project might take six weeks to complete, my goal with your staff's assistance will be to have a report to review by the end of September. My resume is also attached for your review. I look forward to working with you and the City staff on this very important project. Thank you for your consideration. Sincerely,, Gregory L. Andrews Attachments: Proposal Resume Gregory L. Andrews, CPA. 4698 Stoddart Lane White Bear Township, MN 55127 651 - 429 -2586 CAREER PROFILE Experienced general management and senior financial executive with extensive background and proven track record in policy development, finance and administration. Recognized as innovator with excellent verbal and written communication skills, an effective manager of people and resources and an expert in dealing with city council's advisory committees and community groups. Highly successful in team building. KEY AREAS OF EXPERTISE Strategic Planning Legal Coordination Policy Development/Implementation Team Building Contract Negotiations/Management Public Relations Purchasing Federal, State and Local Relations Human Resources/Labor Negotiations Staff Supervision & Development Election Coordination Transit Policy and Management Information and Technology Management Risk Management & Benefits Administration EMPLOYMENT Director of Finance & Admin. Services/Deputy City Mgr. City of Brooklyn Park 1995 -Sept. 2005 Chief Financial Officer responsible for Human Resources, Finance, Assessing and Information and Technology Services for suburban city of 70,000 population. Accomplishments: • Developed a fifty -year infrastructure pay as you go financing program. • Negotiated labor contracts with police and public works employees. • Acting City Manager from May 2002 through January 2003 during recruitment of current City Manager. • Coordinated financing program for economic development and redevelopment activities with financial and legal advisors. • Staff liaison to numerous citizen advisory committees and metropolitan associations. • Acting City Clerk during 2004 General Election. Three City Council seats were open. • Developed purchasing policy and procedure manual. Gregory L. Andrews, CPA Executive Director Regional Transit Board, St. Paul, MN 1986 -1995 CEO of $150+ million organization. Administered board policies. Advised board and chair on financial condition. Represented board on legislative matters before legislative committees. Provided public relations information to constituent groups and media. Developed and interpreted personnel guidelines, resolved staff conflicts and negotiated wages. Accomplishments: • Developed a five -year strategic plan for $150 million annual operating budget and $30 million capital budget. • Negotiated contracts from $20,000 to $65 million with over 40 transit providers. • Developed audit review committee that reduced a three -year program audit backlog within one year. • Implemented team building, tuition reimbursement, wellness and flexible benefit programs which resulted in improved morale and greater productivity for the organization. • Moderated panels and spoke at numerous local, state and national conferences on innovative transportation and financial programs. Director of Finance Metropolitan Transit Commission, St. Paul, MN 1980 -1986 Advised chief operating officer and Commission on financial plans and affairs for $100 million operation. Directed professional and clerical staff of 90 employees in all financial accounting areas including treasury, payroll, budgeting, purchasing, general ledger and revenue security. Accomplishments: • . Assessed the efficiency of internal accounting system. Implemented procedures to improve financial accuracy and operating cost - effectiveness. Specific results included reduced staffing, automation of manual records, improved cash collections and highly trained and motivated personnel. Completed • automation of all major financial systems. • Translated accounting data into meaningful reports and communications that were presented to CEO and board of directors. Developed significant variance analysis, which tracked costs, compared to budget • from six separate locations. • Developed internal controls which were reasonable, cost effective and adequate to satisfy federal, state and local requirements. • Coordinated audit and borrowing program with financial advisors. Experience with over $150 million various bond and lease financings. EDUCATION B.A. Accounting, Minor in Economics, University of Minnesota, Duluth, MN. Continuing Professional Education in such areas as financial management, communication and team management. PROFESSIONAL AFFILIATIONS Minnesota Society of Certified Public Accountants, American Institute of Certified Public Accountants, American Legion, Army veteran, Honorable discharged. City of Otsego Proposal to Develop Compensation Plan and Salary Administration Policies September 7, 2006 Phase I Review current and past pay practices at the city. Review current job descriptions with staff and appropriate city personnel. Prepare a market survey of peer cities. 30 hours Phase II Develop a pay structure for city personnel for current and future positions (0 -5 years). • 20 hours Phase III Develop performance appraisal form Develop Salary Administration Policies and Procedures • 5 hours Contractor responsibilities: Gregory L. Andrews, contractor, will perform all the tasks above and deliver a report to the city no later than six weeks following the notice to proceed. City Responsibilities: City will cooperate with the contractor by providing current job descriptions, making city staff available and a other city information such as current and past pay practices. City will conduct a market survey of current positions with the assistance of contractor. Compensation: Contractors billing rate per hour is $100 for a total compensation not to exceed $5,500.