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07-11-11 CC
CLAIMS LIST CITY COUNCIL MEETING JULY 11, 2011 TO: Tami Loff ITEM 5-1 Attached is the Claims List for the City Council. For more details, please refer to the check detail registers. CLAIMS REGISTER 06-30-2011 $ 295,855.19 Check # 50282 - 50301 07-06-2011 $ 250,662.01 Check # 50302 - 50337 PAYROLL 06-29-2011 $ 33,206.19 ELECTRONIC PYMTS FOR Bldg Permit Surcharge $ Qwest $ Centerpoint Energy $ Dept. of Revenue -Fuel Tax $ Dept. of Revenue -Sales Tax $ Elk River Utilities $ Wright -Hennepin $ Delta Dental $ Total $ GRAND TOTAL S 579,723.39 If you have any questions or if you would like to review this list further, please let me know. Sue Frisch Bookkeeper CITY OF OTSEGO 06/30/11 1:45 PM Page 1 *Check Summary Register© JUNE 2011 Name Check Date Check Amt 10100 BANK OF ELK RIVER Paid Chk# 050282 WRIGHT COUNTY AUDITOR -TRE 6/28/2011 Paid Chk# 050283 ICMA RETIREMENT TRUST 6/28/2011 Paid Chk# 050284 ALLIANCE BENEFIT GROUP HSA 6/28/2011 Paid Chk# 050285 PUBLIC EMPLOYEES RETIREME 6/28/2011 Paid Chk# 050286 ABDO EICK & MEYERS LLP 6/30/2011 Paid Chk# 050287 BLUESTAR HOMES LLC 6/30/2011 Paid Chk# 050288 BRAUN INTERTEC 6/30/2011 Paid Chk# 050289 CITY OF MONTICELLO 6/30/2011 Paid Chk# 050290 CIVIC SYSTEMS, LLC 6/30/2011 Paid Chk# 050291 EDINA REALTY TITLE 6/30/2011 Paid Chk# 050292 HELGESON MAILING SERVICE L 6/30/2011 Paid Chk# 050293 HOMES PLUS 6/30/2011 Paid Chk# 050294 MINNESOTA COPY SYSTEMS 6/30/2011 Paid Chk# 050295 NORTHLAND TRUST SERVICES, 6/30/2011 Paid Chk# 050296 OFFICEMAX - A BOISE CO 6/30/2011 Paid Chk# 050297 RCA BUILDERS INC. 6/30/2011 Paid Chk# 050298 TARGET BANK 6/30/2011 Paid Chk# 050299 US BANK Trust N.A. 6/30/2011 Paid Chk# 050300 WRIGHT COUNTY AUDITOR -TRE 6/30/2011 Paid Chk# 050301 XCEL ENERGY 6/30/2011 Total Checks FILTER: None $135,366.33 PID #118-217-000110 $75.00 PLAN #304185 $1,326.99 PPE 6/25/11 CH DTD 6/29/11 $4,011.76 #677600 PPE 6/25/11 $7,100.00 2010 AUDIT SERVICES $1,000.00 7476 LANDER - LNDSCP ESC REFUN $5,863.69 SAFE ROUTES TO SCHOOL $1,154.25 MAY ANIMAL CONTROL $1,026.00 7/1/11 - 12/31/11 SUPPORT $6.98 UTIL REFUND - 6633 MACKENZIE $1,129.74 SUMMER 2011 NEWSLETTER $2,500.00 7754 PADGETT - LNDSCP/DRWY ESC $62.52 STAPLE CARTRIDGES FOR TOSHIBA $118,164.38 GEN OBL IMPR BONDS, SERIES 200 $209.30 OFFICE SUPPLIES $1,000.00 7472 LARGE - LNDSCP ESC REFUND $24.65 SUPPLIES $8,502.50 GEN OBL IMPR BONDS, SERIES 200 $2,105.93 MAY FINE/FEE DISB $5,225.17 16935 56TH ST $295,855.19 CITY OF OTSEGO 06/30/11 1:45 PM Page 1 *Check Detail Register© JUNE 2011 Paid Chk# 050288 Check Amt Invoice Comment 10100 BANK OF ELK RIVER E 203-45210-302 Engineering Fees Paid Chk# 050282 6/28/2011 WRIGHT COUNTY AUDITOR -TREASURE Engineering Fees R 375-36102 Penalties and Interest $27,609.72 PID #118-264-000020 R 375-36102 Penalties and Interest $8,336.27 PID #118-264-000040 R 375-36102 Penalties and Interest $9,591.74 PID #118-264-000030 R 375-36102 Penalties and Interest $54,249.18 PID #118-264-000010 R 375-36102 Penalties and Interest $9,151.13 PID #118-217-000110 R 375-36102 Penalties and Interest $4,954.57 PID #118-264-002010 R 375-36102 Penalties and Interest $21,473.72 PID #118-264-001010 tal WRIGHT COUNTY AUDITOR -TREASURE $135,366.33 Paid Chk# 050283 6/28/2011 ICMA RETIREMENT TRUST G 10 1 -21705 Other Retirement $75.00 PPE 6/25/11 PLAN #304185 Total ICMA RETIREMENT TRUST $75.00 Paid Chk# 050284 6/28/2011 ALLIANCE BENEFIT GROUP E 101-43100-123 Health $416.70 PPE 6/25/11 CH DTD 6/29/11 E 101-41600-123 Health $250.02 PPE 6/25/11 CH DTD 6/29/11 G 101-21706 F ospitalization/Medical Ins $526.93 PPE 6/25/11 CH DTD 6/29/11 E 250-42410-12 ; Health $133.34 PPE 6/25/11 CH DTD 6/29/11 otal ALLIANCE BENEFIT GROUP $1,326.99 Paid Chk# 050285 6/28/2011 PUBLIC EMPLOYEES RETIREMENT FD E 602-49450-12 PERA $51.58 #677600 PPE 6/25/11 G 101-21704 PERA $1,857.32 #677600 PPE 6/25/11 E 250-42410-1:.' PERA $181.80 #677600 PPE 6/25/11 E 101-43100-12' PERA $1,100.41 #677600 PPE 6/25/11 E 601-49400-12PERA $51.58 #677600 PPE 6/25/11 E 101-41600-12' PERA $509.64 #677600 PPE 6/25/11 E 101-41400-12'• PERA $259.43 #677600 PPE 6/25/11 )tal PUBLIC EMPLOYEES RETIREMENT FD $4,011.76 Paid Chk# 050286 6/30/2011 ABDO ABDO EICK & MEYERS LLP E 101-41600-304 Accounting & Auditing $7,100.00 281118 2010 AUDIT SERVICES Total ABDO ABDO EICK & MEYERS LLP $7,100.00 Paid Chk# 050287 6/30/2011 BLUESTAR HOMES LLC E 702-41400-310 Miscellaneous $1,000.00 7476 LANDER - LNDSCP ESC REFUND Total BLUESTAR HOMES LLC $1,000.00 Paid Chk# 050288 6/30/2011 BRAUN INTERTEC M E 203-45210-302 Engineering Fees E 203-45210-302 Engineering Fees E 203-45210-302 Engineering Fees E 403-43100-302 Engineering Fees Total BRAUN INTERTEC Paid Chk# 050289 6/30/2011 CITY OF MONTICELLO $620.29 335652 $1,240.58 335652 $140.07 335652 $3,862.75 335652 'PO,OOJ.OJ OTSEGO ELEM BIKE TRAIL SAFE ROUTES TO SCHOOL NASHUA AVE TRAIL 70TH ST - OAKWOOD TO MARTIN E 101-42710-390 Contracted Services $1,154.25 1_1155 MAY ANIMAL CONTROL Total CITY OF MONTICELLO $1,154.25 Paid Chk# 050290 6/30/2011 CIVIC SYSTEMS, LLC E 602-49450-390 Contracted Services $513.00 CVC8460 7/1/11 -12/31/11 SUPPORT E 601-49400-390 Contracted Services $513.00 CVC8460 7/1/11 -12/31111 SUPPORT Total CIVIC SYSTEMS, LLC $1,026.00 Paid Chk# 050291 6/30/2011 EDINA REALTY TITLE R 601-37150 WATER SALES $6.98 UTIL REFUND - 6633 MACKENZIE CITY OF OTSEGO 06/30/11 1:45 PM Page 2 *Check Detail Register© JUNE 2011 Check Amt Invoice Comment Total EDINA REALTY TITLE $6.98 Paid Chk# 050292 6/30/2011 HELGESON MAILING SERVICE LLC E 101-41400-347 Newsletter $1,129.74 3.8.05 SUMMER 2011 NEWSLETTER Total HELGESON MAILING SERVICE LLC $1,129,74 Paid Chk# 050293 6/30/2011 HOMES PLUS E 702-41400-310 Miscellaneous $2,500.00 7754 PADGETT - LNDSCP/DRWY ESC REF Total HOMES PLUS $2,500.00 Paid Chk# 050294 6/30/2011 MINNESOTA COPY SYSTEMS E 101-41400-201 Office Supplies and Expenses $62.52 71734 Total MINNESOTA COPY SYSTEMS $62.52 Paid Chk# 050295 6/30/2011 NORTHLAND TRUST SERVICES, INC. E 380-47000-602 Bond Interest $27,024.38 E 380-47000-602 Bond Interest $91,140.00 Total NORTHLAND TRUST SERVICES, INC. $118,164.38 Paid Chk# 050296 6/30/2011 OFFICEMAX $5,225.17 E 101-41600-201 Office Supplies and Expenses $115.83 429410 E 101-41400-201 Office Supplies and Expenses $107.60 429410 E 101-41400-201 Office Supplies and Expenses ($14.13) 464402 Total OFFICEMAX $209.30 Paid Chk# 050297 - 6/30/2011 RCA BUILDERS INC. E 702-41400-310 Miscellaneous $1,000.00 Total RCA BUILDERS INC. $1,000.00 Paid Chk# 050298 6/30/2011 TARGET BANK STAPLE CARTRIDGES FOR TOSHIBA COPIER GEN OBL IMPR REF BONDS GEN OBL IMPR BONDS, SERIES 2006B OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES 7472 LARGE - LNDSCP ESC REFUND E 101-41400-201 Office Supplies and Expenses $24.65 24560835766 SUPPLIES Total TARGET BANK $24.65 Paid Chk# 050299 6/30/2011 US BANK E 350-47000-602 Bond Interest $8,502.50 _ GEN OBL IMPR BONDS, SERIES 2003A Total US BANK $8,502.50 Paid Chk# 050300 6/30/2011 WRIGHT COUNTY AUDITOR -TREASURE E 101-42100-390 Contracted Services $2,105.93 MAY FINE/FEE DISB tal WRIGHT COUNTY AUDITOR -TREASURE $2,105.93 Paid Chk# 050301 6/30/2011 XCEL ENERGY E 60149400-322 Utilities $1,256.09 5750 RANDOLPH - WELL #3 E 602-49450-322 Utilities $3,783.13 5850 RANDOLPH E 602-49450-322 Utilities $131.65 16935 56TH ST E 602-49450-322 Utilities $54.30 17388 52ND ST Total XCEL ENERGY $5,225.17 10100 BANK OF ELK RIVER $295,855.19 CITY OF OTSEGO 06/30/11 1:45 PM Page 3 *Check Detail Register© JUNE 2011 Check Amt Invoice Comment Fund Summary 10100 BANK OF ELK RIVER 101 GENERAL FUND $16,781.84 203 PARK DEVELOPMENT $2,000.94 250 Comm. Dev. & Bldg Safety $315.14 350 Waterfront West/85th DS $8,502.50 375 WATERFRONT EAST & MISS. SHORES $135,366.33 380 2006 Street Improvement $118,164.38 403 COLLECTOR RDS (FORMERLY MSA) $3,862.75 601 WATER FUND $1,827.65 602 SEWER FUND $4,533.66 702 BUILDERS ESCROW FUND $4,500.00 $295,855.19 CITY OF OTSEGO 07/06/11 2:33 PM Page 1 *Check Summary Register@ Name Check Date Check Amt 10100 BANK OF ELK RIVER Paid Chk# 050302 BARGEN INC. 7/6/2011 $4,320.00 INFRARED PATCHES Paid Chk# 050303 BATTERIES PLUS 7/6/2011 $37.94 MOWER BATTERY Paid Chk# 050304 BEAUDRY OIL & SERVICES INC. 7/6/2011 $6,536.00 GAS & OIL Paid Chk# 050305 BLUESTAR HOMES LLC 7/6/2011 $1,000.00 7441 LARGE - LNDSCP ESC REFUND Paid Chk# 050306 CHARTER COMMUNICATIONS LL 7/6/2011 $119.00 MONTHLY SERVICE Paid Chk# 050307 COMMERCIAL RECREATION SP 7/6/2011 $51,260.00 SPLASH PAD PARK EQPT Paid Chk# 050308 COURI MACARTHUR LAW OFFIC 7/6/2011 $14,873.73 GENERAL Paid Chk# 050309 CROW RIVER FARM EQUIPMEN 7/6/2011 $339.29 MISC OPERATING SUPPLIES Paid Chk# 050310 DJ'S TOTAL HOME CENTER 7/6/2011 $34.56 PARK KEYS Paid Chk# 050311 DUSTCOATING, INC. 7/6/2011 $11,668.32 DUST CONTROL Paid Chk# 050312 GENERATOR SYSTEM SVCS, IN 7/6/2011 $4,888.33 MAJOR PM - WEST WWTF Paid Chk# 050313 GIS RANGERS, LLC 7/6/2011 $4,378.75 GIS SERVICES Paid Chk# 050314 GREENBERG IMPLEMENT INC. 7/6/2011 $326.06 MOWER REPAIR PARTS Paid Chk# 050315 HASSAN SAND & GRAVEL 7/6/2011 $1,832.98 SAND & GRAVEL - JULGER ST Paid Chk# 050316 HOMES PLUS 7/6/2011 $2,500.00 14932 77TH - LNDSCP/DRWY ESC R Paid Chk# 050317 JOHN DEERE GOVERNMENT SA 7/6/2011 $36,010.61 JD 4720 TRACTOR Paid Chk# 050318 LONG & SONS 7/6/2011 $1,350.53 CITY HALL JUNE CLEANING Paid Chk# 050319 MARTIES FARM SERVICE INC 7/6/2011 $448.88 GRASS SEED Paid Chk# 050320 MENARDS 7/6/2011 $331.91 TARP STRAPS, GLOVES Paid Chk# 050321 MN MUNICIPAL UTILITIES ASSO 7/6/2011 $2,168.75 3RD QTR SAFETY MGMT PROG Paid Chk# 050322 MN/WI PLAYGROUND 7/6/2011 $725.33 MESSAGE BOARD - FR PK Paid Chk# 050323 NAPA AUTO PARTS 7/6/2011 $151.05 LUBRICANT, ADHESIVE Paid Chk# 050324 MONTICELLO NAPA 7/6/2011 $26.07 MEDIUM REDUCER Paid Chk# 050325 NEWMAN TRAFFIC SIGNS 7/6/2011 $3,010.27 SIGN MAT'L Paid Chk# 050326 HSBC BUSINESS SOLUTIONS 7/6/2011 $429.09 CRANE WINCH Paid Chk# 050327 PETERBILT NORTH 7/6/2011 $24.46 HOSE HEATERS Paid Chk# 050328 PLAISTED COMPANIES 7/6/2011 $1,298.19 RUBBLE DISPOSAL Paid Chk# 050329 PRAIRIE RESTORATION, INC. 7/6/2011 $138.90 LANDSCAPE MGMT @ PW Paid Chk# 050330 RANDY'S SANITATION 7/6/2011 $249.64 13400 90TH ST Paid Chk# 050331 RSC EQUIPMENT RENTAL 7/6/2011 $10,269.65 AIR COMPRESSOR & ACCESSORIES Paid Chk# 050332 SUPERIOR LAWN 7/6/2011 $4,506.76 PARK PROPERTIES Paid Chk# 050333 SYLVA CORPORATION, INC. 7/6/2011 $159.78 PLAYGROUND MULCH Paid Chk# 050334 THE PLANNING COMPANY LLC 7/6/2011 $11,838.48 HPC Paid Chk# 050335 U OF MN EXTENSION SERVICE 7/6/2011 $160.00 SEPTIC GUIDES FOR RESIDENTS Paid Chk# 050336 WRIGHT COUNTY AUDITOR -TRE 7/6/2011 $1,465.37 PID #118-217-000010 Paid Chk# 050337 WRIGHT COUNTY AUDITOR -TRE 7/6/2011 $71,783.33 JULY SHERIFF PATROL Total Checks $250,662.01 FILTER: None CITY OF OTSEGO 07/06/11 2:34 PM Page 1 *Check Detail Register© JULY 2011 Paid Chk# 050311 7/6/2011 DUSTCOA TING, INC. E 101-43100-436 Dustcoating $3,332.22 CD201113466 DUST CONTROL E 101-43100-436 Dustcoating $5,002.40 CD201113484- DUST CONTROL E 101-43100-436 Dustcoating $3,333.70 CD201113861 DUST CONTROL Total DUSTCOATING, INC. $11,668.32 Paid Chk# 050312 7/6/2011 GENERATOR SYSTEM SVCS, INC. E 602-49450-400 Repairs & Maint - Cont $1,042.03 5118 MAJOR PM - WEST WWTF E 602-49450-400 Repairs & Maint - Cont $1,469.53 5118 MAJOR PM - EAST WWTF Check Amt Invoice Comment 10100 BANK OF ELK RIVER Paid Chk# 050302 7/6/2011 BARGEN INC. E 101-43100-438 Pavement Management $4,320.00 211366 INFRARED PATCHES Total BARGEN INC. $4,320.00 Paid Chk# 050303 7/6/2011 BATTERIES PLUS E 101-45200-210 Operating Supplies (GENERAL) $37.94 0.33-823597 MOWER BATTERY Total BATTERIES PLUS $37.94 Paid Chk# 050304 7/6/2011 BEAUDRY OIL & SERVICES INC. E 101-43100-202 Gas & Oil $6,536.00 762491 GAS & OIL Total BEAUDRY OIL & SERVICES INC. $6,536.00 Paid Chk# 050305 7/6/2011 BLUESTAR HOMES LLC E 702-41400-310 Miscellaneous $1,000.00 7441 LARGE - LNDSCP ESC REFUND Total BLUESTAR HOMES LLC $1,000.00 Paid Chk# 050306 7/6/2011 CHARTER COMMUNICATIONS E 101-41400-390 Contracted Services $119.00 MONTHLY SERVICE Total CHARTER COMMUNICATIONS $119.00 Paid Chk# 050307 7/6/2011 COMMERCIAL RECREATION SPEC E 208-45210-501 Equipment $51,260_.00 4489 SPLASH PAD PARK EQPT Total COMMERCIAL RECREATION SPEC $51,260.00 Paid Chk# 050308 7/6/2011 COURT MACARTHUR LAW OFFICE E 101-41700-301 Legal Services $5,137.00 GENERAL E 101-41700-301 Legal Services $136.00 DRAINAGE AT DUERR CREEK G 701-22465 GREAT RIVER CTR $170.00 GREAT RIVER CENTRE E 101-41700-301 Legal Services $642.00 ISLAND VIEW ESTATES E 101-41700-301 Legal Services $261.00 LIQUOR E 101-41700-301 Legal Services $72.50 MINNWEST E 208-45210-301 Legal Services $188.50 SPLASH PAD E 101-41700-301 Legal Services $8,194.23 WATERFRONT EAST E 101-41700-301 Legal Services $72.50 ZACHMAN Total COURI MACARTHUR LAW OFFICE $14,873.73 Paid Chk# 050309 7/6/2011 CROW RIVER FARM EQUIPMENT E 101-43100-210 Operating Supplies (GENERAL) $132.63 148764 MISC OPERATING SUPPLIES E 101-43100-210 Operating Supplies (GENERAL) $206.66 149073 MISC OPERATING SUPPLIES Total CROW RIVER FARM EQUIPMENT $339.29 Paid Chk# 050310 7/6/2011 DJ'S TOTAL HOME CENTER E 101-45200-210 Operating Supplies (GENERAL) $12.76 54492 PARK KEYS E 101-45200-220 Repair/Maint Supply (GENERAL) $4.26 54617 GARDEN HOSE REPAIR E 101-45200-220 Repair/Maint Supply (GENERAL) $11.15 54618 IRRIG FITTINGS E 101-43100-220 Repair/Maint Supply (GENERAL) $6.39 55074 JOINT CONCRETE Total DJ'S TOTAL HOME CENTER $34.56 Paid Chk# 050311 7/6/2011 DUSTCOA TING, INC. E 101-43100-436 Dustcoating $3,332.22 CD201113466 DUST CONTROL E 101-43100-436 Dustcoating $5,002.40 CD201113484- DUST CONTROL E 101-43100-436 Dustcoating $3,333.70 CD201113861 DUST CONTROL Total DUSTCOATING, INC. $11,668.32 Paid Chk# 050312 7/6/2011 GENERATOR SYSTEM SVCS, INC. E 602-49450-400 Repairs & Maint - Cont $1,042.03 5118 MAJOR PM - WEST WWTF E 602-49450-400 Repairs & Maint - Cont $1,469.53 5118 MAJOR PM - EAST WWTF CITY OF OTSEGO 07/06/11 2:34 PM Page 2 *Check Detail Register© JULY 2011 Paid Chk# 050315 7/6/2011 HASSAN SAND & GRAVEL E 101-43100-370 Sand andGravel $1,832.98 81751 SAND & GRAVEL - JULGER ST Total HASSAN SAND & GRAVEL $1,832.98 Paid Chk# 050316 7/6/2011 HOMES PLUS E 702-41400-310 Miscellaneous $2,500.00 14932 77TH - LNDSCP/DRWY ESC REFUND Total HOMES PLUS $2 500 00 Paid Chk# 050317 7/6/2011 JOHN DEERE GOVERNMENT SALES Check Amt Invoice Comment E 601-49400-400 Repairs & Maint - Cont $561.09 5118 MAJOR PM - WELL #1 E 601-49400-400 Repairs & Maint - Cont $618.68 5118 MAJOR PM - WELL #3 E 101-41940-400 Repairs & Maint - Cont $507.66 5118 MAJOR PM - CITY HALL E 101-43100-400 Repairs & Maint - Cont $689.34 5118 MAJOR PM - PUBLIC WORKS Total GENERATOR SYSTEM SVCS, INC. $4,888.33 CITY HALL SUPPLIES E 101-41940-389 Paid Chk# 050313 7/6/2011 GIS RANGERS, LLC 11-256 CITY HALL JUNE CLEANING E 101-43100-210 E 101-41400-391 GIS Services $3,358.75 418 GIS SERVICES E 602-49450-391 GIS Services $1,020.00 418 GIS SERVICES 7/6/2011 MARTIES FARM SERVICE Total GIS RANGERS, LLC $4,378.75 E 101-45200-220 Paid Chk# 050314 7/6/2011 GREENBERG IMPLEMENT INC. 508501 GRASS SEED E 101-45200-220 Repair/Maint Supply (GENERAL) $326.06 PS69290 MOWER REPAIR PARTS Total GREENBERG IMPLEMENT INC. $326.06 Paid Chk# 050320 Paid Chk# 050315 7/6/2011 HASSAN SAND & GRAVEL E 101-43100-370 Sand andGravel $1,832.98 81751 SAND & GRAVEL - JULGER ST Total HASSAN SAND & GRAVEL $1,832.98 Paid Chk# 050316 7/6/2011 HOMES PLUS E 702-41400-310 Miscellaneous $2,500.00 14932 77TH - LNDSCP/DRWY ESC REFUND Total HOMES PLUS $2 500 00 Paid Chk# 050317 7/6/2011 JOHN DEERE GOVERNMENT SALES E 206-43100-501 Equipment $36,010.61 1.11014330 JD 4720 TRACTOR Total JOHN DEERE GOVERNMENT SALES $36,010.61 E 101-43100-360 Education/Training/Conferences Paid Chk# 050318 7/6/2011 LONG & SONS E 101-41400-360 Education/Training/Conferences $542.19 E 101-43100-389 Cleaning Services $363.38 11-256 PW JUNE CLEANING E 101-41940-203 Other Supplies $154.76 11-256 CITY HALL SUPPLIES E 101-41940-389 Cleaning Services $748.13 11-256 CITY HALL JUNE CLEANING E 101-43100-210 Operating Supplies (GENERAL) $84.26 11-256 PW SUPPLIES Total LONG & SONS $1,350.53 Paid Chk# 050319 7/6/2011 MARTIES FARM SERVICE INC E 101-45200-220 Repair/Maint Supply (GENERAL) $299.25 508501 GRASS SEED E 101-45200-220 Repair/Maint Supply (GENERAL) $149.63 50.8507 GRASS SEED Total MARTIES FARM SERVICE INC $448.88 Paid Chk# 050320 7/6/2011 MENARDS E 101-45200-210 Operating Supplies (GENERAL) $22.11 70613 TARP STRAPS, GLOVES E 101-45200-210 Operating Supplies (GENERAL) $226.31 71963 LUMBER FOR FR PARK ENCLOSURE E 101-45200-210 Operating Supplies (GENERAL) $45.07 72175 SCREWS, BITS, BLADES E 101-45200-220 Repair/Maint Supply (GENERAL) $38.42 72511 FRANKFORT IRRIG SUPPLIES Total MENARDS $331.91 Paid Chk# 050321 7/6/2011 MN MUNICIPAL UTILITIES ASSOC E 101-41600-360 Education/Training/Conferences $542.19 37521 E 250-42410-360 Education/Training/Conferences $542.18 37521 E 101-43100-360 Education/Training/Conferences $542.19 37521 E 101-41400-360 Education/Training/Conferences $542.19 37521 3RD QTR SAFETY MGMT PROG 3RD QTR SAFETY MGMT PROG 3RD QTR SAFETY MGMT PROG 3RD QTR SAFETY MGMT PROG Total MN MUNICIPAL UTILITIES ASSOC $2,168.75 Paid Chk# 050322 7/6/2011 MN/WI PLAYGROUND E 203-45210-501 Equipment $725.33 2.011150 MESSAGE BOARD - FR PK Total MN/WI PLAYGROUND $725.33 Paid Chk# 050323 7/6/2011 NAPA OF ELK RIVER INC E 101-43100-210 Operating Supplies (GENERAL) $17.08 567034 FLOOR DRY CITY OF OTSEGO 07/06/11 2 34 PM Page 3 *Check Detail Register© JULY 2011 Paid Chk# 050332 7/6/2011 SUPERIOR LAWN E 101-45200-390 Contracted Services Check Amt Invoice Comment E101-43100-220 Repair/Maint Supply (GENERAL) $37.38 567240 LUBRICANT, ADHESIVE E 101-43100-240 Small Tools/Equipment $96.59 568623 BATTERY CHARGER, CLAMP W/S PROPERTIES Total NAPA OF ELK RIVER INC $151.05 $4,506.76 Paid Chk# 050324 7/6/2011 ' NAPA OF MONTICELLO 7/6/2011 SYLVA CORPORATION, INC. E 101-43100-220 Repair/Maint Supply (GENERAL) $26.07 477132 MEDIUM REDUCER PLAYGROUND MULCH Total NAPA OF MONTICELLO $26.07 Paid Chk# 050325 7/6/2011 NEWMAN TRAFFIC SIGNS E 101-43100-393 Sign & Signal Mat'I Purchased $729.55 TI -0235935 SIGN MAT'L E 101-43100-393 Sign & Signal Mat'I Purchased $1,703.59 TI -0236038 SIGN MAT'L E 101-43100-393 Sign & Signal Mat'I Purchased $577.13 TI -0236040 SIGN MAT'L HPC Total NEWMAN TRAFFIC SIGNS $3,010.27 $1,100.00 386 Paid Chk# b50326 7/6/2011 NORTHERN TOOL & EQUIPMENT CO Planning Fees $50.00 E 602-49450-501 Equipment $429.09 193090204 CRANE WINCH Total NORTHERN TOOL & EQUIPMENT CO $429.09 E 101-41570-303 Planning Fees Paid Chk# 050327 7/6/2011 PETERBILT NORTH MEETINGS E 250-42410-303 Planning Fees E 101-43100-210 Operating Supplies (GENERAL) $24.46 F211650116 HOSE HEATERS Total PETERBILT NORTH $24.46 Paid Chk# 050328 7/6/2011 PLAISTED COMPANIES E 203-45210-530 Improvements Other Than Bldgs $1,191.31 39384 ROCK FOR TENNIS COURT E 101-43100-325 Garbage Service $106.88 39384 RUBBLE DISPOSAL Total PLAISTED COMPANIES $1,298.19 Paid Chk# 050329 7/6/2011 PRAIRIE RESTORATION, INC. E 101-43100-402 Repairs/Maint Buildings $138.90 16187 LANDSCAPE MGMT @ PW Total PRAIRIE RESTORATION, INC. $138.90 Paid Chk# 050330 7/6/2011 RANDY'S SANITATION E 101-43100-325 Garbage Service $118.32 13400 90TH ST E 101-41940-325 Garbage Service $131.32 8899 NASHUA AVE Total RANDY'S SANITATION $249.64 _ Paid Chk# 050331 7/6/2011 RSC EQUIPMENT RENTAL E 206-43100-501 Equipment $10,269.65 48508479-001 AIR COMPRESSOR & ACCESSORIES Total RSC EQUIPMENT RENTAL $10,269.65 Paid Chk# 050332 7/6/2011 SUPERIOR LAWN E 101-45200-390 Contracted Services $2,621.79 136 PARK PROPERTIES E 601-49400-390 Contracted Services $942.49 136 W/S PROPERTIES E 602-49450-390 Contracted Services $942.48 136 W/S PROPERTIES Total SUPERIOR LAWN $4,506.76 Paid Chk# 050333 7/6/2011 SYLVA CORPORATION, INC. E 101-45200-220 Repair/Maint Supply (GENERAL) $159.78 30641 PLAYGROUND MULCH Total SYLVA CORPORATION, INC. $159.78 Paid Chk# 050334 7/6/2011 TPC E 101-41570-303 Planning Fees $100.00 382 GEN'L PARKS E 208-45210-303 Planning Fees $1,062.24 383 COMMUNITY PARKS E 101-41570-303 Planning Fees $700.00 384 HPC E 101-41570-303 Planning Fees $1,100.00 386 TRANS PLAN - 101/144 E 601-49400-303 Planning Fees $50.00 387 UTILITIES - RADIUM E 101-41570-303 Planning Fees $2,412.24 388 GENERAL E 101-41570-303 Planning Fees $3,000.00 389 MEETINGS E 250-42410-303 Planning Fees $1,170.00 390 GEN'L CODE CITY OF OTSEGO 07/06/11 2:34 PM Page 4 *Check Detail Register© JULY 2011 tal WRIGHT COUNTY AUDITOR -TREASURE $1,465.37 Paid Chk# 050337 7/6/2011 WRIGHT COUNTY AUDITOR -TREASURE E 101-42100-390 Contracted Services $71,783.33 PATROL -11-7 JULY SHERIFF PATROL tal WRIGHT COUNTY AUDITOR -TREASURE $71,783.33 10100 BANK OF ELK RIVER $250,662.01 Fund Summary 10100 BANK OF ELK RIVER Check Amt Invoice Comment E 101-41570-303 Planning Fees $1,560.00 391 WFE/GCI G 701-22465 GREAT RIVER CTR $540.00 392 GRC G 701-22374 KITTREDGE FINAL $144.00 393 KITTREDGE 602 SEWER FUND Total TPC $11,838.48 $854.00 Paid Chk# 050335 7/6/2011 U OF MN EXTENSION SERVICE E 250-42410-201 Office Supplies and Expenses $160.00 133097 SEPTIC GUIDES FOR RESIDENTS Total U OF MN EXTENSION SERVICE $160.00 Paid Chk# 050336 7/6/2011 WRIGHT COUNTY AUDITOR -TREASURE E 101-41400-310 Miscellaneous $704.33 PID #118-217-000010 E 101-41400-310 Miscellaneous $761.04 PID #118-217-000010 tal WRIGHT COUNTY AUDITOR -TREASURE $1,465.37 Paid Chk# 050337 7/6/2011 WRIGHT COUNTY AUDITOR -TREASURE E 101-42100-390 Contracted Services $71,783.33 PATROL -11-7 JULY SHERIFF PATROL tal WRIGHT COUNTY AUDITOR -TREASURE $71,783.33 10100 BANK OF ELK RIVER $250,662.01 Fund Summary 10100 BANK OF ELK RIVER 101 GENERAL FUND $136,652.80 203 PARK DEVELOPMENT $1,916.64 206 CAPITAL EQUIPMENT REVOLVING $46,280.26 208 COMMUNITY FACILITIES FUND $52,510.74 250 Comm. Dev. & Bldg Safety $1,872.18 601 WATER FUND $2,172.26 602 SEWER FUND $4,903.13 701 DEVELOPMENT ESCROWS FUND $854.00 702 BUILDERS ESCROW FUND $3,500.00 $250,662.01 ITEM 5-2 MEMORANDUM TO: Honorable Mayor and City Council FROM: Ronald Wagner, Otsego City Engineer CC: Brad Belair, Public Works Supervisor Tami Loff, City Clerk Gary Groen, Finance Director Dan Licht, City Planner Andy MacArthur, City Attorney DATE: July 7, 2011 RE: County Levee Easement on Otsego Owned Property We have reviewed the easement the County is requesting from the City and found it appropriate and acceptable. Attach is the easement exhibit, easement description and aerials of the property. The County needs easement for the levee from all of the property owners located along the west side of Parrish Avenue (CSAH 42) that are adjacent to the Mississippi River. Once the County has obtained all of the easements the County has stated it will repair and maintain the levee to the requirements of the US Army Corp of Engineers. The repairs and maintenance will be at the County's expense. The property in question was obtained a number of years ago through the process of tax forfeiture. The property has been deemed un -buildable at this time due to codes regarding septic systems located in flood plains. The County's proposed easement covers the levee and in -slopes in generality and also provides for a 40' wide ingress/egress easement. We recommend the City Council approve providing an easement as indicated in the attached documents. An inspection of the levee by the US Corp of Engineers is occurring on July 15, 2011. The County has invited a representative from the City to participate. We recommend the City Council send a representative to attend the inspection and report back to City Council of any significant findings. MEMO HMCC - Otsego Levee Easement Page 1 of 1 36 137 8 i mm�� r743 1* i " eirl 08" to l a l, I 2 4 A R* A 40 r�r r Ap Mow �o Beacon - Wright County, MN Map i Page 1 of 1 Last Data Upload: 7/6/20118:11:44 AM http://beacon.schneidercorp.com/Application.aspx?AppID=187&LayerID=2505&PageTypeID=1 &PageID... 7/6/2011 Beacon - Wright County, MN I j Map Last Data Upload: 7/6/20118:11:44 AM u 30 7 581515.38, 216529.07 http://beacon.schneidercorp.com/Application.aspx?AppID=187&LayerID=2505&PageTypeID=1 &PageID Page 1 of 1 7/6/2011 (Top 3 inches reserved for recording data) QUIT CLAIM DEED Business Entity to Business Entity DEED TAX DUE: $ DATE: June 15, 2011 FOR VALUABLE CONSIDERATION, City of Otsego a Minnesota Municipal Corporation ("Grantor"), hereby conveys and quitclaims to Wright County a Municipal Corporation under the laws of Minnesota ("Grantee"), a perpetual and assignable right and easement in Parcel 11, of the Wright County Right of Way Plat No. 52 Otsego Levee to construct, maintain, repair, operate, patrol and replace a flood protection levee, including all appurtenances thereto; reserving, however, to the owners, their heirs and assigns, all such rights and privileges in the land as may be used without interfering with or abridging the rights and easement hereby acquired; subject, however, to existing easements for public roads and highways, public utilities, railroads and pipelines. Check here if all or part of the described real property is Registered (Torrens) ❑ together with all hereditaments and appurtenances belonging thereto. Check applicable box: ❑ The Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document or has been electronically filed. (If electronically filed, insert WDC number: [... ].) ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. Grantor City of Otsego, A Minnesota Municipal Corporation By: By: Jessica Stockamp Its: Mayor Gary Groen Its: Interim City Administrator ECB -1035 Page 1 of 2 Page 2 of 2 State of Minnesota, County of Wright This instrument was acknowledged before me on City Administrator of City of Otsego, a Minnesota Municipal Corporation . (Stamp) THIS INSTRUMENT WAS DRAFTED BY: Greg T. Kryzer, Esq. Assistant Wright County Attorney Wright County Government Center 10 — 2nd Street N.W., Rm. 400 Buffalo, MN 55313 QUIT CLAIM DEED by Jessica Stockamp as Mayor and by Gary Groen as Interim (signature of notarial officer) Title (and Rank): My commission expires: (month✓day/year) TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: City of Otsego 8899 Nashua Avenue N.E. Otsego, MN 55330 MEETING -NOTICE WRIGHT COUNTY BOARD JULY 15, 2011 AGENDA INSPECTION OF OTSEGO RIVER LEVEE 10:30 A.M. MEET AT PUBLIC WORKS 11:00 A.M. OTSEGO RIVER LEVEE Cc: POST Kryzer Fingalson Jobe ITEM G_1 TPC3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231 .5840 Facsimile: 763.427,0520 TPC4!T,-PlanningCo.com MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht, AICP DATE: 6 July 2011 RE: Otsego — Jamfest; street sweeping TPC FILE: 101.01 BACKGROUND The City Council approved a special event permit for Otsego Jamfest at the 27 July 2011 City Council meeting. During discussion, the sponsors of Otsego Jamfest requested the City donate street sweeping of their parking lots following the event. Public Works Supervisor Brad Belair estimates the following costs for the works within the parking lots. Additional street sweeping may be required for Quaday Avenue depending on the extent of trash and debris. Sweeper: 4 hours @ $78/hr.: $312 Labor: 4 hours @ $50/hr.: $200 Dump: $200 TOTAL: $712 This amount would be deducted from the City Council contingency fund and allocated to Public Works if approved. RECOMMENDATION City Council directed City staff to bring back a cost estimate for the work for consideration at the 11 July 2011 regular City Council meeting. If approved, City staff would recommend that the property owners sign a damage liability waiver approved by the City Attorney. POSSIBLE ACTIONS A. Motion to approve donation of street sweeping labor and equipment to Otsego Jamfest subject to the property owners signing a damage liability waiver approved by the City Attorney. B. Motion to table. C. Tami Loff, City Clerk Gary Groen, Finance Director Brad Belair, Public Works Supervisor Andy MacArthur, City Attorney Brad O'Leary, Rockwoods Bar and Grill 2 MEMORANDUM TO: Honorable Mayor and City Council FROM: Ronald J. Wagner, P.E., City Engineer DATE: July 7, 2011 RE: Otsego — Prairie Park Splash Pad BACKGROUND City Staff was directed by the City Council to procure quotes for the installation of a splash pad in Prairie Park. The project was separated into 3 quotes packages for the type of specialty contractor needed for each portion. City staff will be acting as the coordinator for the project. The 3 separate quote packages were 1) Asphalt paving for trail replacement 2) Water and sewer line installation and 3) Splash pad installation including concrete and modular block sitting wall. The low quote for asphalt paving and water and sewer line installation were both approved by the City Council. City Staff was directed to further split the third quote pack (all inclusive splash pad installation) in an effort to include more quoters in an effort to lower the costs. The all inclusive splash pad installation quote package was divided into a) concrete placement b) modular block seating wall c) installation of the city provided splash pad appurtenances - plumber and d) electrical — electrician. For reference, the all inclusive splash pad installation low quote was from Blackstone Contractors. The amount was $81,162.00. Blackstone Contractors indicated they were not comfortable quoting on only the concrete placement but would be comfortable extending the price for modular block seating wall. We received two quotes for the concrete placement: Crosstown Masonry, Inc. $41,699.00 Bulach Custom Rock $48,919.00 The City public works department would be installing the sand bedding for the splash pad and concrete. That work is estimated to cost $7,500. Modular Block Seating wall quotes were as follows: Blackstone Contractors $ 9,180 Bulach Custom Rock $12,947 George F. Cook $13,974 OT720 — Splash Pad Quotes Page 1 of 2 Low Quotes for installation of the splash pad appurtenances by a master plumber and the electrical would need to combine to come in less than $22,783 to see a savings over the all inclusive low quote of Blackstone Contractors. Brad Belair is hoping to have those numbers prior to the July 11th council meeting. Depending on the outcome of those final quotes the City Council can make the determination of awarding the all inclusive quote package of Blackstone Contractors for $81,162 or the combination of the low quotes for the divided quotes. Brad Belair and I are working with Dave Perkins, the water and effluent contractor on an alternative plan that will be less invasive to the park during construction and hopefully also be more cost effective. I may have that quote and plan available for the City Council to review at the July 11th council meeting. POSSIBLE ACTIONS A. Approve low quote of Blackstone Contractors for the all inclusive Splash Pad Installation. B. Approve the low quotes of the four divided quote packages. C. Take no action. CC. Tami Loff, City Clerk Gary Groen, Finance Director Brad Belair, Public Works Supervisor Dan Licht, City Planner Andy MacArthur, City Attorney OT720 — Splash Pad Quotes Page 2 of 2 ITEM 8-2 TPC3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231 .5840 Facsimile: 763.427.0520 TPC,_'5') Plan ni ngCo. com MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht, AICP DATE: 7 July 2011 RE: Otsego — City Code; Electrical Inspections TPC FILE: 101.01 BACKGROUND Electrical inspections required under the building code are handled by the State of Minnesota within the City. Metro West Inspections alerted City staff to the issue that the current State shutdown has impacted the City and builders, property owners and residents ability to have these inspections completed and could affect completion of projects including issuance of Certificates of Occupancy. To provide interim service during the State shutdown, City staff is recommending the City Council adopt an ordinance that the City be responsible for electrical inspections. This ordinance would be adopted as part of the City Code without a sunset date allowing the City to go back to State contracted services, continue responsibility for electrical inspections after the Shutdown or reassume these responsibilities if the need arises in the future. City staff has met with Mr. Paul Hipsag, who is the contracted inspector for the State that works in the Otsego area. As a State contractor, Mr. Hipsag already has an incorporated business and errors/omission and general liability insurance. Mr. Hipsag would enter into a contract with the City to provide electrical inspections based on the State fee schedule with 80 percent of the permit fee paid to him and 20% retained by the City for administrative costs. It is anticipated that City staff will meet Monday, 11 July 2011 to discuss logistics of how electrical permits would be issued and inspections would be scheduled through the Department of Building Safety. Exhibits: A. Ordinance 2011 — 09 B. Service contract RECOMMENDATION City staff recommends approval of Ordinance 2011 - 09 and approval of a services contract with Hipsag Inspections, Inc. to provide electrical inspection services. POSSIBLE ACTIONS Decision 1 — Ordinance A. Motion to approve Ordinance 2011 — 09. B. Motion to table. Decision 2 — Service Contract A. Motion to approve a services contract and appoint Hipsag Inspections Inc. as the Electrical Inspector for the City of Otsego. C. Tami Loff, City Clerk Gary Groen, Finance Director Andy MacArthur, City Attorney Loren Kohnen, Building Official 2 ORDINANCE NO.: 2011-09 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF OTSEGO REGARDING ELECTRICAL INSPECTIONS. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 2-4-2.B.1 of the City Code is hereby amended to add the following provisions: C. Electrical Permit: The fess schedule set forth in Minnesota Statutes § 326B.37 is adopted by reference and incorporated herein. Section 2. Chapter 4 of the City Code is hereby amended to add the following provisions: SECTION 6 ELECTRICAL REGULATIONS Section: 4-6-1: Purpose 4-6-2: Electrical Inspector 4-6-3: Standards for Electrical Equipment Installation 4-6-4: Connections to Installations 4-6-5: Permits and Inspections 4-6-1: Purpose: A. The purpose of this Section is to implement the provisions of the Minnesota State Building Code and Minnesota Rules Chapter 1315 which adopts the National Electrical Code. B. The provisions of this Section shall apply to all installations of electrical conductors, fittings, devices, fixtures hereinafter referred to as "electrical equipment", within or on public and private buildings and premises, with the following general exceptions. The provisions of this Section do not apply to the installations in mines, ships, railway cars, aircraft, automotive equipment or the installations or equipment employed by a railway, electric or communication utility in the exercise of its functions as a utility, except as otherwise provided in this Section. C. As used in this Section, "reasonably safe to persons and property" as applied to electrical installations and electrical equipment means safe to use in the service for which the installation or equipment is intended without unnecessary hazard to life, limb or property. D. For purposes of interpretation of the provisions of this Section, the most recently published edition of the National Electrical Code shall be prima facie evidence of the definitions and scope of words and terms used in this Section. 4-6-2 Electrical Inspector: A. There is hereby created the office of Electrical Inspector appointed by the City Council. B. Qualifications. The person chosen to fill the office of Electrical Inspector shall be of good moral character, shall be possessed of such executive ability as is requisite for the performance of his duties and shall have a thorough knowledge of the standard materials and methods used in the installation of electrical equipment; shall be well versed in approved methods of construction for safety to persons and property; the statutes of the State relating to electrical work and any orders, rules and regulations issued by authority thereof; and the National Electrical Code as approved by the American Standards Association; shall have two (2) years' experience as an electrical inspector or five (5) years' experience in the installation of electrical equipment, or a graduate mechanical or electrical engineer with two (2) years of practical electrical experience. C. License Inspector. The electrical inspector shall be a licensed master or journeymen electrician as defined under Minnesota Statutes. D. Duties of the Electrical Inspector: It shall be the duty of the Inspector to enforce the provisions of this Section. The Inspector shall, upon application, grant permits for the installation or alteration of electrical equipment, and shall make inspections of electrical installations, all as provided in this Section. The Inspector shall keep complete records of all permits issued, inspections and reinsertions made and other official work performed in accordance with the provisions of this Section. E. No Financial Interest: It shall be unlawful for the Inspector to engage in the sale, installation or maintenance of electrical equipment, directly or indirectly, and the Inspector shall have no financial interest in any concern engaged in any such business. F. Authority of Electrical Inspector: The Inspector shall have the right during reasonable hours to enter any building or premises in the discharge of his official duties, or for the purpose of making any inspection, reinsertion or test of electrical equipment contained therein or its installation. When any electrical equipment is found by the Inspector to be dangerous to persons or property because it is defective or defectively installed, the person responsible for the electrical equipment shall be notified in writing and shall make any changes or repairs required in the judgment of the Inspector to place such equipment in safe condition. If such work is not completed within fifteen (15) days or any longer period that may be specified by the Inspector in said notice, the Inspector shall have the authority to disconnect or order discontinuance of electrical service to said electrical equipment. In cases of emergency where necessary for safety to persons and property, or where electrical equipment may interfere with the work of the Fire Department, the Inspector shall have the authority to disconnect or cause disconnection immediately of any electrical equipment. 4-6-3: Standards for Electrical Equipment Installation: A. All installations of electrical equipment shall be reasonably safe to persons and property and in conformity with the provisions of this Section and the applicable statutes of the State and all orders, rules and regulations issued by the authority thereof. All electrical equipment shall be listed and labeled by a testing agency. B. Conformity of installations of electrical equipment with applicable regulations set forth in the current National Electrical Code as adopted by the Minnesota Rules shall be prima facie evidence that such installations are reasonably safe to persons and property. Noncompliance with the provisions of this Section or the National Electrical Code as adopted by the Minnesota Rules shall be prima facie evidence that the installation is not reasonably safe to persons and property. C. The Electrical Inspector may, with approval of the Building Official, authorize installations of special wiring methods other than herein provided for. D. Buildings or structures moved from without to within and within the limits of the City shall conform to all of the requirements of this Code for new buildings or structures. E. Existing buildings or structures hereafter changed in use shall conform in all respects to the requirements of this Section for the new use. 4-6-4: Connections to Installations: A. It shall be unlawful for any person to make connections from a supply of electricity to any electrical equipment for the installation of which a permit is required or which has been disconnected or ordered to be disconnected by the Electrical Inspector. B. The public or private utility providing services shall disconnect the same upon a written order from the Electrical Inspector, if the Inspector considers any electrical installation unsafe to life and property or installed contrary to this Code. 4-6-5: Permits and Inspectors: A. Permit Required: An electrical permit is required for each installation, alteration, addition or repair of electrical work for light, heat and power within the limits of the City. Permits for the installation of electrical work in new structures shall only be issued to electrical contractors duly licensed by the State. Permits for the installation, alteration, addition or repair of electrical work in existing structures shall only be issued to electrical contractors duly licensed by the State or to resident owners of property where the work is to be done. B. Public Service Corporation Exception: No permit shall be required for electrical installations of equipment owned, leased, operated or maintained by a public service corporation which is used by said corporation in the performance of its function as a utility, except that such electrical installation shall conform to the minimum standards of the National Electrical Safety Code. C. Ownership: Ownership of any transmission or distribution lines or appurtenances thereto, including, but not limited to, transformers, shall not be transferred by a public service corporation to any person, except another franchised public service corporation dealing in electric energy for distribution and sale, without a permit first having been issued therefore by the City. Such permit shall be issued only after the facilities to be transferred have been inspected and approved as provided in this Section and upon payment of an inspection fee as set forth in this Section of the Section. D. Application: Application for such permit, describing the electrical work to be done, shall be made in writing, to the City by the person so registered to do such work. The application shall be accompanied by such plans, specifications and schedules as may be necessary to determine whether the electrical installation as described will be in conformity with all the legal requirements. The fees for electrical inspection as set forth in Section 2-4-2.13 of the City Code shall accompany such 2 application. If applicant has complied with all of the provisions of this Section, a permit for such electrical installation shall be issued. E. Concealment: All electrical installations which involve the concealment of wiring or equipment shall have a "rough -in" inspection prior to concealment, wherein the Inspector shall be duly notified in advance, excluding Saturday, Sunday and holidays. F. Inspection Fees: Permits Required: Before commencing any installation of any work regulated by this Section, a permit therefore shall be secured from the Building Department and the fee for such permit set forth by Section 24-2.13 of the City Code paid. No such permit shall be issued to do any of the work or make any installation regulated by this Section except to persons licensed to do such work under the terms of this Section. Holders of a contractor's license shall not obtain permits for electrical work unless the work is supervised by them and is performed by workers employed by them or their firm. 2. Fees Double, When: Should any person begin work of any kind, such as set forth in this Section, or for which a permit from the Electrical Inspector is required by ordinance, without having secured the necessary permit therefore from the Inspector of Buildings either previous to or during the day of the commencement of any such work, or on the next succeeding day where such work is commenced on a Saturday or on a Sunday or a holiday, he shall, when subsequently securing such permit, be required to pay double the fees provided for such permit. 3. Additional Fees and/or Shortages: Additional fees and/or fee shortages must be received by the City within fourteen (14) days of written notice. If additional fees and/or fee shortages are not received within fourteen (14) days of notice, permits for electrical installations will not be accepted by the City until such time as the additional fees and/or fee shortages are received. G. Electrical Inspections: 1. At regular intervals, the Electrical Inspector shall visit all premises where work may be done under annual permits and shall inspect all electrical equipment installed under such a permit since the day of his last previous inspection, and shall issue a certificate of approval for such work as is found to be in conformity with the provisions of this Section, after the fee required has been paid. 2. When any electrical equipment is to be hidden from view by the permanent placement of parts of the building, the person installing the equipment shall notify the Electrical Inspector and such equipment shall not be concealed until it has been inspected and approved by the Electrical Inspector or until twenty four (24) hours, exclusive of Saturdays, Sundays and holidays, shall have elapsed from the time of such scheduled inspection; provided, that on large installations where the concealment of equipment proceeds continuously, the person installing the electrical equipment shall give the Electrical Inspector due notice and inspections shall be made periodically during the progress of the work. 3. If upon inspection, the installation is not found to be fully in conformity with the provisions of this Section, the Electrical Inspector shall at once forward to the person making the installation a written notice stating the defects which have been found to exist. Section 3. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 11th day of July, 2011. ATTEST: Tami Loff, City Clerk Cel CITY OF OTSEGO BY: Jessica Stockamp, Mayor EXHIBIT B CONTRACT FOR PROFESSIONAL SERVICES AGREEMENT made this day of , 2011, by and between the CITY OF OTSEGO, a Minnesota municipal corporation ("CITY") and Hipsag Inspections, Inc., a Minnesota corporation ("CONTRACTOR"). IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: Contractor's Duties. The Contractor, who is not a CITY employee, will perform the following duties: 1.1 Geographical Area. Upon request of the CITY, CONTRACTOR will provide electrical inspection service in the CITY of Otsego. 1.2 Communications/Scheduling. CONTRACTOR will provide a mechanism for installers of electrical wiring to schedule inspections and to receive answers to electrical code questions specific to installations within the CITY. The CONTRACTOR will provide service to the extent necessary to meet reasonable expectation of installers of wiring within the CITY. 1.3 Records. CONTRACTOR will maintain a written record regarding all Requests for Electrical Inspection documents assigned to the CONTRACTOR by the CITY, including the following minimum information: 1) Date Request for Inspection was received from CITY; 2) Request for Inspection serial number; 3) Installer/Contractor; 4) Occupant's name; 5) City; 6) County; 7) Job description; 8) Rough -in and periodic inspection date(s); 9) Final inspection date; 10) Inspection fee; 11) Date Orders for Payment written, including serial number; 12) Date Inspection Reports written; and 13) Date Request for Inspection was returned to CITY for payment. 1.4 Inspection Service. CONTRACTOR will provide inspection service in the CITY that result in timely inspections. 1.4.1 Within the term of this contract, CONTRACTOR will perform and complete electrical inspections of all completed work covered by Requests for Electrical Inspection submitted by installers and assigned by the CITY. 1.4.1.1 CONTRACTOR will perform electrical inspections as requested and scheduled by installers of electrical wiring. 1.4.1.2 Inspection of completed or "ready now" installations shall be performed within 60 days from the date of notification by the installer. 1.4.2 CONTRACTOR will notify the installer of electrical wiring neither less the 30 days nor more than 60 days prior to the expiration of a Request for Electrical Inspection in accordance with the Minnesota Rules 3801.3780. 1.5 Procedure. CONTRACTOR will perform inspections upon request of the installer after a Request for Electrical Inspection has been filed with the CITY, when the electrical contractor or installer provides evidence that a Request for Electrical Inspection has been submitted to the CITY, or when the installer of the wiring completes a Request for Electrical Inspection form and presents it and the associated inspection fee to CONTRACTOR. CONTRACTOR must forward any fees collected from installers of electrical wiring to the CITY within one business day of receipt. In performing inspections, CONTRACTOR will comply with all applicable requirements in the Minnesota Electrical Act (Minn. Stat. § 32613.31 to 326B.399 and the requirements of Minnesota Rules Chapter 3 80 1. 1.6 Thoroughness. CONTRACTOR will determine whether all electrical wiring installed under a Request for Electrical Inspection is in compliance with the applicable standards identified in Minn. Stat. Chapter 326B and the requirements of Minnesota Rules Chapter 3 80 1. 1.7 Inspection Fee Audit. CONTRACTOR will audit each submitted fee as the inspection is performed to ensure that the fee submitted by the installer is in accordance with Minn. Stat. § 32613.37, Fee Schedule. Where it is identified that the submitted fee is less than required, the CONTRACTOR will issue an Order for Payment to the submitter of the fee. CONTRACTOR will forward copies of the Order for Payment forms to the installer, electrical area representative, and CITY in a timely manner. Where it is identified that the submitted fee is more than required, CONTRACTOR will complete a special instruction form directing the CITY to issue a refund to the submitter of the fee. 1.8 Evidence of Inspection. CONTRACTOR will make notation on the Request for Electrical Inspection identifying the date the inspections were performed and will provide a report to the CITY upon termination of the contract by either party or at the end of the contract term identifying inspections performed on specific Requests for Electrical Inspection. CONTRACTOR will place inspection stickers at the job site as evidence of completed or partially completed inspections. The inspection sticker will be completed with the Request for Electrical Inspection number or job address, date of inspection, type of inspection (rough -in, service, bonding, air conditioner, furnace, lower level, machine, final, etc.), number and type of circuits and signed by the electrical inspector. The inspector shall also identify the contract number of the CONTRACTOR on the inspection sticker. For the purpose of providing uniform and consistent evidence to owners, installers, other crafts, and other inspection authorities, inspection stickers will be placed as follows: 1.8.1 Dwellings: 1.8.1.1 Rough -in and in -progress inspections. At least one inspection sticker will be placed in the switch box nearest the main entry to a dwelling unit or portion of a dwelling unit where the wiring is installed. 1.8.1.2 Service inspections. Inspection stickers will be placed in the interior of service equipment for separate service inspections. 2 1.8.1.3 Final inspections. Inspection stickers for final inspections will be placed on the service equipment and each panel board. In finished areas the inspection sticker will be placed behind a panel door or inside the panel board to protect the sticker from physical damage or from being obliterated. 1.8.2 Other than dwellings: 1.8.2.1 Rough -in and in -progress inspections. Inspection stickers will be placed in a switchbox nearest the area that each separate inspection is made and in or on the service equipment or panel board that serves that area. 1.8.2.2 Service inspections. Inspection stickers will be placed on the exterior of indoor/protected equipment and on the interior of outdoor/nonprotected equipment. 1.8.2.3 Final inspections. Inspection stickers will be placed on the service equipment and/or panel board that supplies the area inspected. 1.8.3 One-time or single-circuit/device inspections. Inspection stickers will be placed at the first over current device or disconnecting means from which the circuit is extended. 1.9 Documentation and Notification Requirements for Installations not in Code Compliance. 1.9.1 Inspection reports. CONTRACTOR will identify installations recognized as not in compliance with the National Electrical Code or Minnesota Rules on an Inspection Report form along with a brief description of the violation and the reference section number. Where permitted by Minn. Stat. § 32613.36, CONTRACTOR will allow reasonable opportunity from the date of the inspection for correction of violations. CONTRACTOR will provide the Inspection Report to the installer of the electrical wiring, attach a copy to the Request for Electrical Inspection and forward a copy to the district electrical area representative, in accordance with the notation on the respective copies. 1.9.2 Correction Orders. CONTRACTOR will forward a complete report to the CITY when an installer fails or refuses to make corrections identified on an inspection report. The CITY will proceed to have the installation brought into compliance in accordance with the procedures identified in Minn. Stat. § 326B.36 and Minnesota Rules Chapter 3801. 1.9.3 Hazardous Installations. In accordance with Minn. Stat. § 32613.36 and Minnesota Rules CONTRACTOR will, upon recognition of an installation that seriously and proximately endangers human life and property, immediately notify the CITY and the serving utility. 1.9.4 Approved Equipment. CONTRACTOR will provide a written report to the CITY identifying the location, equipment, and approval information where equipment that is listed and labeled or otherwise approved is subsequently identified by CONTRACTOR as being in non-compliance with applicable standards. 1.9.5 Equipment Approval. CONTRACTOR will report in writing to the installer, owner, and CITY all equipment that is not listed and labeled by a testing laboratory and that does not come within one of the exceptions in Minnesota Rule Chapter 3 80 1. 1.9.6 Forms. CONTRACTOR will use only those forms provided or specifically approved by the CITY, including computer generated forms, when communicating deficiencies with installers, owners, and electrical area representatives. 1.10 CONTRACTOR Equipment and Materials. 1.10.1 Equipment. CONTRACTOR is responsible for providing all equipment and tools necessary to perform a thorough inspection. CONTRACTOR is responsible for providing and arranging necessary transportation to complete inspections. CITY will provide an identification badge. In the interest of public safety, CONTRACTOR must display the identification badge to installers, owners, lessees, and others when performing duties covered by this contract. CONTRACTOR must ensure the badge is clearly visible to all persons from a reasonable distance. 1. 10.2 Materials. Request for Electrical Inspection forms, Order for Payment forms, Inspection Report forms, Expiration forms, and inspection stickers, are provided by the CITY in an approved format in accordance with Minn. Stat. § 32613.36 and Minnesota Rules Chapter 3801. CONTRACTOR is responsible for providing other materials necessary to provide complete inspection service and perform CONTRACTOR's duties under this Contract. 1. 10.3 Return of Equipment and Materials. Upon nonrenewal or termination of this contract, the CONTRACTOR must immediately return to the CITY all equipment, forms, and materials provided by the CITY, including any Request for Electrical Inspection certificates assigned to the CONTRACTOR. 1.11 Enforcement of License and Inspection Requirements. For all electrical work that CONTRACTOR is aware of and that is performed within CONTRACTOR's CITY, CONTRACTOR will determine whether the work is performed in compliance with the provisions of the licensing and inspection requirements of the Minnesota Electrical Act and Minnesota Rules Chapter 3 80 1. When CONTRACTOR identifies a violation of the Minnesota Electrical Act or Minnesota Rules Chapter 3 80 1, CONTRACTOR will promptly provide a written report to the CITY on a form provided by the CITY. Investigative fees related to violation of statutes and rules regarding electrical inspection are not valid unless CONTRACTOR has submitted a violation report to the CITY. 2. Time. The CONTRACTOR must comply with all the time requirements described in this contract. In the performance of this contract, time is of the essence. 3. Consideration and Payment. 3.1 Consideration. The CITY will pay for all services performed by the CONTRACTOR under this contract as follows: 3.1.1 Compensation. The CONTRACTOR will be paid a percentage of the electrical inspection fees for each separate completed electrical installation. Electrical inspection fees are calculated in accordance with Minn. Stat. § 32613.37. The CONTRACTOR will be paid seventy-five percent (75%) of the electrical inspection fees. 3.1.2 Travel Expenses. The CITY will not reimburse any travel or subsistence expenses as a result of this contract. 3.2. Payment. 3.2.1 Definitions. 4 3.2. 1.1 Validated fee. For the purposes of clause 3.2 of this contract, the term "validated fee" means the inspection fee submitted by the installer of electrical wiring that is evidenced by the validation information recorded by the CITY on a Request for Electrical Inspection or Order for Payment certificate. 3.2.1.2. Remaining balance. For the purposes of clause 3.2 of this contract, the term "remaining balance" on a Request for Electrical Inspection certificate shall mean the original validated fee less any amount(s) invoiced by the CONTRACTOR and any prior inspector(s) before the CITY applies the compensation percentage identified in clause 3. 1.1 or the compensation percentage paid to the prior inspector(s). In all cases, the remaining balance shall not be less than the minimum inspection fee identified in the fee schedule the validated fee was based on. 3.2.2 Invoices. The CITY will promptly pay the CONTRACTOR after the CONTRACTOR presents an itemized invoice for the services actually performed and the CITY's Authorized Representative accepts the invoiced services. Invoices submitted by CONTRACTOR shall be based on the validated fee of the Request for Electrical Inspection certificate less any previously invoiced amount. The CITY will apply the compensation percentage identified in clause 3. 1.1 and pay CONTRACTOR the resulting amount. Invoices must be submitted timely and according to the following schedule: CONTRACTOR may submit up to two invoices per month as determined by the CONTRACTOR. Invoices must have corresponding completed Request for Electrical Inspection and Order for Payment certificates attached. The CITY will make payments within 35 days of receipt of invoice. CONTRACTOR may submit invoices for in -progress work on projects with an inspection fee of over $500 and where the project is more than 6 months in duration and requires more than 5 inspection trips. In -progress invoices shall not exceed the percentage of inspection work completed and shall not result in a remaining balance of less than the minimum inspection fee identified in Minn. Stat. § 32613.37. 3.2.3 Payment Upon Amendment, Expiration or Termination of the Contract. Prorated payments for inspection service on installations where all required inspections have not been completed will be made according to the following schedule. No payments will be made where on-site inspections have not been performed. 3.2.3.3 Request for Electrical Inspection certificates with inspection fees based on Minn. Stat. § 32613.37. One- and two-family dwellings: One-half of the individual dwelling unit fee identified in Minn. Stat. § 32613.37, or one-half of the remaining balance left after considering invoices from other inspectors under previous contract(s) but before considering any invoice from the CONTRACTOR. In no case shall the remaining balance after considering the CONTRACTOR's invoice be less than $35. Other installations: A prorated amount of the validated fee, including any Orders for Payment, based on the percentage of actual electrical work completed and inspected and the total number of inspection trips required. Unless the CONTRACTOR provides documentation substantiating a lesser amount, the remaining balance must not be less than 25% of the total inspection fee. In no case shall the remaining balance be less than $35. 3.2.3.4 Final Invoice 5 Within 5 days of amendment, expiration or termination of this contract, CONTRACTOR must provide the CITY with two final invoices for payment of services performed. The first final invoice must list all Requests for Electrical Inspection and Order for Payment certificates in the possession of the CONTRACTOR under which CONTRACTOR has performed inspections including the amount of the requested payment. The second final invoice must list all Requests for Electrical Inspection and Order for Payment certificates not in possession of the CONTRACTOR regardless of whether the certificates have been filed with the CITY or the installer has paid the Order for Payment. This invoice must identify the Request for Electrical Inspection and Order for Payment certificates by serial number, job address and occupant name, name and license number of contractor, or name, address, and telephone number of the installer of the electrical wiring and the amount of the requested payment. 4. Conditions of Payment. All services provided by the CONTRACTOR under this contract must be performed to the CITY's satisfaction, as determined at the sole discretion of the CITY's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The CONTRACTOR will not receive payment for work found by the CITY to be unsatisfactory or performed in violation of federal, state, or local law. 4.1 Audit of Services Provided By CONTRACTOR. The CITY reserves the right to conduct on-site audits of inspection services provided by the CONTRACTOR to verify that inspection service has been provided in accordance with the terms of this contract and to the satisfaction of the CITY. The inspection records of the CONTRACTOR are subject to audit by the CITY to ensure completeness and accuracy. The CONTRACTOR shall cooperate with these audits and shall provide requested documentation regarding specific inspections. 5. Authorized Representative. The CONTRACTOR's Authorized Representative is Douglas Torvund, 7300 Fremont Ave. So., Richfield, MN 55423, (612) 866-5895. If the CONTRACTOR's Authorized Representative changes at any time during this contract, the CONTRACTOR must immediately notify the CITY. 6. Assignment, Amendments, Waiver, and Contract Complete. 6.1 Assignment. The CONTRACTOR may neither assign nor transfer any rights or obligations under this contract without the prior consent of the CITY and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this contract, or their successors in office. 6.2 Amendments. Any amendment to this contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original contract, or their successors in office. 6.3 Waiver. If the CITY fails to enforce any provision of this contract, that failure does not waive the provision or its right to enforce it. 6.4 Contract Complete. This contract contains all negotiations and agreements between the CITY and the CONTRACTOR. No other understanding regarding this contract, whether written or oral, may be used to bind either party. 7. Liability. The CONTRACTOR must indemnify, save, and hold the CITY, its agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by the CITY, arising from the performance of this contract by the CONTRACTOR or the CONTRACTOR's agents or employees. This clause 2 will not be construed to bar any legal remedies the CONTRACTOR may have for the CITY's failure to fulfill its obligations under this contract. 8. Audits. Under Minn. Stat. § 16C.05, Subd. 5, the CONTRACTOR's books, records, documents, and accounting procedures and practices relevant to this contract are subject to examination by the CITY and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this contract. 9. Government Data Practices and Intellectual Property. 9.1 Government Data Practices. The CONTRACTOR and CITY must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, (or, if the CITY contracting party is part of the judicial branch, with the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court as the same may be amended from time to time) as it applies to all data provided by the CITY under this contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the CONTRACTOR under this contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data governed by the Minnesota Government Practices Act, Minn. Stat. Ch. 13, by either the CONTRACTOR or the CITY. If the CONTRACTOR receives a request to release the data referred to in this Clause, the CONTRACTOR must immediately notify the CITY. The CITY will give the CONTRACTOR instructions concerning the release of the data to the requesting party before the data is released. 10. Governing Law, Jurisdiction, and Venue. Minnesota law, without regard to its choice -of -law provisions, governs this contract. Venue for all legal proceedings out of this contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Hennepin County, Minnesota. 11. Data Disclosure. Under Minn. Stat. § 270C.65, Subd. 3 and other applicable law, the Contractor consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the CITY, to federal and state agencies and state personnel involved in the payment of CITY obligations. These identification numbers may be used in the enforcement of federal and state laws which could result in action requiring the Contractor to file state tax returns, pay delinquent state tax liabilities, if any, or pay other CITY liabilities. 12. Payment to Subcontractors. (If applicable) As required by Minn. Stat. § 16A.1245, the prime contractor must pay all subcontractors, less any retain, within 10 calendar days of the prime contractor's receipt of payment from the CITY for undisputed services provided by the subcontractor(s) and must pay interest at the rate of one and one-half percent per month or any part of a month to the subcontractor(s) on any undisputed amount not paid on time to the subcontractor(s). 13. Personnel performing electrical inspections. All electrical inspections under this contract will be personally performed by CONTRACTOR, Douglas Torvund, a licensed Class A Master electrician, license number AM05505. 14. Minn. Stat. § 181.59. The vendor will comply with the provisions of Minn. Stat. § 181.59 which requires: Every contract for or on behalf of the state of Minnesota, or any county, CITY, town, township, school, school district, or any other district in the state, for materials, supplies, or construction shall contain provisions by which the contractor agrees: (1) That, in the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason of race, creed, or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the 7 employment relates; (2) That no contractor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in clause (1) of this section, or on being hired, prevent, or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed, or color; (3) That a violation of this section is a misdemeanor; and (4) That this contract may be canceled or terminated by the state, county, CITY, town, school board, or any other person authorized to grant the contracts for employment, and all money due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this contract. 15. Insurance. CONTRACTOR shall secure and maintain such insurance as will protect CONTRACTOR from claims under the Worker's Compensation Acts, automobile liability, and from claims for bodily injury, death, or property damage which may arise from the performance of services under this Agreement. Such insurance shall be written for amounts not less than: Commercial General Liability $1,000,000 each occurrence/aggregate Automobile Liability $1,000,000 combined single limit Excess/Umbrella Liability $2,000,000 each occurrence/aggregate The CITY shall be named as an additional insured on the general liability and umbrella policies. The CONTRACTOR shall secure and maintain a professional liability insurance policy. Said policy shall insure payment of damages for legal liability arising out of the performance of professional services for the CITY, in the insured's capacity as CONTRACTOR, if such legal liability is caused by a negligent act, error or omission of the insured or any person or organization for which the insured is legally liable. The policy shall provide minimum limits of $1,000,000 with a deductible maximum of $100,000. Before commencing work the CONTRACTOR shall provide the CITY a certificate of insurance evidencing the required insurance coverage in a form acceptable to CITY. 16. Independent Contractor. The CITY hereby retains the CONTRACTOR as an independent contractor upon the terms and conditions set forth in this Agreement. The CONTRACTOR is not an employee of the CITY and is free to contract with other entities as provided herein. CONTRACTOR shall be responsible for selecting the means and methods of performing the work. CONTRACTOR shall furnish any and all supplies, equipment, and incidentals necessary for CONTRACTOR's performance under this Agreement. CITY and CONTRACTOR agree that CONTRACTOR shall not at any time or in any manner represent that CONTRACTOR or any of CONTRACTOR's agents or employees are in any manner agents or employees of the CITY. CONTRACTOR shall be exclusively responsible under this Agreement for CONTRACTOR's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 17. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 18. Controlling LawNenue. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Hennepin County 8 19. Copyright. CONTRACTOR shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings or specifications supplied by it, and it shall hold harmless the CITY from loss or damage resulting there from. 20. Patented Devices, Materials and Processes. If the contract requires, or the CONTRACTOR desires, the use of any design, devise, material or process covered by letters, patent or copyright, trademark or trade name, the CONTRACTOR shall provide for such use by suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed with the CITY. If no such agreement is made or filed as noted, the CONTRACTOR shall indemnify and hold harmless the CITY from any and all claims for infringement by reason of the use of any such patented designed, device, material or process, or any trademark or trade name or copyright in connection with the services agreed to be performed under the contract, and shall indemnify and defend the CITY for any costs, liability, expenses and attorney's fees that result from any such infringement. 21. Termination of the Agreement. The CITY may terminate this Agreement or any part thereof at any time, upon written notice to the CONTRACTOR, effective upon delivery including delivery by facsimile or email. In such event, CONTRACTOR will be entitled to compensation for work performed up to the date of termination based upon the payment terms of this Agreement. CITY OF OTSEGO CONTRACTOR: IiIPSAG INSPECTIONS INC. BY: BY: Jessica Stockamp, Mayor Its Dated: 2011. Dated: 32011. Tami Loff, City Clerk Dated: P 2011. N ITEM 9_1 MEMORANDUM TO: Honorable Mayor and City Council FROM: Ronald Wagner, Otsego City Engineer CC: Brad Belair, Public Works Supervisor Tami Loff, City Clerk Gary Groen, Finance Director Dan Licht, City Planner Andy MacArthur, City Attorney DATE: July 7, 2011 RE: West Waste Water Treatment Plant Replat As of this memo we have not received any additional consents from the remaining four properties, even though the property line has been staked and a second letter sent to all property owners. I have spoken with the owner of Lot 28 and they (Keyland Homes) indicated they would be sending the consent in soon. This would provide a block of nine properties along the fence line with only one small east end parcel missing next to the park. We recommend the City Council instruct staff to move forward with replatting the nine contiguous parcels unless adjacent parcels are received prior to the replatting process being completed. Any contiguous parcels could be added to the replat. MEMO HMCC - replat Page 1 of 1 WEST WASTEWATER TREATMENT FACILITY RE -PLAT JUNE 27, 2011 CONSENT RECEIVED CONSENT NOT RECEIVED POTENTIAL PROPERTY LINE Hakanson Anderson K:\cad_sury\Land Desktop 2008\OT109\dwg\OT109 EXHIBIT.dwg 6/27/2011 1:40:00 PM CDT 100 0 100 200 SCALE IN FEET