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01-25-99 CC.X AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTMENT: PREPARED BY: MEETING DATE 7. Larry Koshak, City Engineer Elaine Beatty Council of: 1/25/99- 6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: 7.1. Update on Well # 1 and #2 7.2. Update on Water Tower 7.3. Odean Avenue Public Hearing/Informational Meeting Issues & CC Direction 7.4. Bonestroo proposed scope of services and compensation for Wastewater Treatment Plant Construction 7.5. Any other Engineering Business BACKGROUND: 7.1.through 7.5. Larry Koshak will be present to explain these items and answer any questions. Attached is the information from Larry Koshak and a Memo from Ted Field for 7.4. RECOMMENDATION: This is for Council information, update and any decisions. Thanks, Elaine Bonestroo Rosene Anderlik & Associates Engineers & Architects January 6, 1999 City of Otsego 8899 Nashua Ave ',N'E Otsego,;✓LN' 55330 Bonestroo. Rosene. Anderlik and Assoaates. Inc. is an Affirmative Acrnbn/Equal Opporrynity Employer Poncipals: Otto G. Bonestroo. PE. • Joseph C. Anderlik, PE. • Marvin V 3orvala. PE. Ricnard E. turner. PE. • Glenn R. Cook. PE. • Rooert G. Schumcht. PE. - Jerry A. Bourdon, PE. Robert W. Rosene. PE. and Susan M. Eberlin, C.PA_ Senior Consultants I s . Associate Principals: Howard A. Sanford, PE. • Keith A. Gordon, P.E. - Robert. 11�Tfe/IeT P.E. Richard W. Foster. P.E. • David O. Loskota. PE. • Robert C. Russek. A.I.A. - Mark A. Hanson, P.E. Michael T. Rautmann, PE. • Ted K.Field. PE. - Kenneth P Anderson, PE. • Mark R.-Rolfs, PE..• Sidney P Williamson. PE.. L.S. • Robert F Kotsmith - Agnes M. Ring • Michael P. Rau. P.E. Allan Rick Schmidt, PE. Offices: Sr. Paul, Rochester, Willmar and St. Cloud. MN • .Milwaukee, WI Websire: www.bonestroo.com Attn: Mike Robertson, City Administrator Re: Wastewater Treatment Plant Construction Proposal for Engineering/Inspection Services Our File No. 503-98-800 Dear Mike: Thank you for the opportunity to present this proposal for construction engineering and inspection services related to the wastewater treatment plant. This letter describes, for your consideration, a recommended scope of services and compensation. Once the scope of services is established, we can prepare the necessary agreements. Scope of Services Construction engineering and inspection will consist of a variety of tasks which can be categorized as follows: 1. Bidding and Award 2. Inspection 3. Shop Drawing and Submittal Review 4. Contract Administration 5. Record Plans 6- Operation & Maintenance Manual A detailed description of each task, including the estimated compensation for each, follows. 1. Bidding and Award (512,000) Prepare and issue advertisements for bids and bid documents. Prepare and issue any addenda. Reply to bidder questions and pre -approve manufacturers and suppliers not named in the specifications. Assist in taking bids, review bids, recommend award, and prepare contract documents. Note: Per Council action on December 23, the bid date has been set for February 16, 1999. We have already initiated tasks associated with bidding and award. 2. Inspection ($73,000) Provide full-time on-site inspection to observe all major construction tasks and tests and endeavor to ensure that the plant is constructed in conformance with the plans and specifications. Provide plan and specification interpretation and bring discovered defective work to the contractor's attention. Approve substitutions, keep daily records, and serve as the City's liaison with the contractor. Coordinate periodic field tests during the course of construction. Endeavor to assure that record plans are being maintained by all contracting forces. Conduct final inspection and prepare "punch list" for the contractor listing work left to be completed. Confirm final completion. 3. Shop Drawing and Submittal Review ($39,000) Review shop drawings, samples, and other submittals for all equipment and materials for their compatibility with the design intent and conformance with the specifications. Return unacceptable submittals to the contractor marked as "amend and re -submit". Review re -submittals for final acceptance. Evaluate, as necessary, and approve equipment by manufacturers not named in the specifications but offered by the contractor as "equal" to named manufacturers. 4. Contract Administration ($49,000) Organize and attend pre -construction conference and other regular progress meetings. Review contractor's request for progress payments, advise the City as to the extent of work completed, and issue requests for payments to the City for processing. Make recommendations to the City as to claims relating to the execution and progress of the construction work. Answer contractor questions and provide interpretation of plans and specifications. Conduct bi-weekly progress meetings. Report to City Council periodically regarding progress of the project. Prepare any change orders for work not covered by the plans and specifications, negotiate contract adds or deducts, and process change orders. Review contractor requests for substitutions and approve or disapprove on the basis of conformance with design intent and value of contract deduct. Communicate regularly with the contractor regarding project schedule, progress, and completion. Advise and assist the City in matters pertaining to liquidated damages or other matters pertaining to non-compliance with the specifications. 5. Record Plans ($3,000) Assemble contractor's record plans and prepare a set of reproducible record plans of the project showing significant changes made during construction. 6. Operation and Maintenance Manual ($13,000) Prepare an operation and maintenance manual for the specific processes, layout, and other features at the Otsego plant. Total Compensation The total compensation for the six tasks above is $189,000. This is an estimate based on the project as designed and on an estimated substantial completion date of December 1999, and final completion date of May 2000. The estimate also assumes normal conditions regarding weather, project progress, unforeseen conditions, and contractor difficulty. Because these conditions are variable, we propose that $189,000 be established as a project budget and that our compensation be based on actual hours spent. This means the final engineering/inspection costs may be greater than or less than $189,000. However, under the terms of our agreement, we will not exceed this budget without prior written authorization from the City. Part -Time Inspection In an effort to offer the City an alternative proposal, we can reduce our level of on-site inspection from full-time to part-time. With this alternative, we propose a minimum level of inspection, as follows: 2 days/week from May through November, 1999 1 day/week in December, 1999 3 hrs/week from January to May This level of inspection would reduce the budget for inspection to $33,000. The total project budget is reduced to $149,000. Part-time inspection has worked successfully on past wastewater treatment plant projects, but there are concerns we wish to raise with you in this proposal. As stated above, the level of inspection stated above is a minimum, and it is likely that construction conflicts and issues will arise that require additional inspection time. If, despite the conflicts and issues, we attempt to stay within the $33,000 inspection budget, there is a risk that much of the construction work—and most importantly the work that will be buried or covered such as backfill material, pipes, concrete, and supports—will be completed without an opportunity to witness the level of workmanship. Also, with regard to exposed work that can be inspected at any time, our experience has been that contractors are more resistant to correcting defective work after it is completed, as opposed to correcting the work while in progress. In summary, there are risks associated with part-time inspection. If the contractor performs above our expectations and is responsive to and cooperative with the concerns raised by a part-time inspector, the risks are reduced. The level of inspection does not affect our responsibilities to the project. The contractor is ultimately responsible for performing quality work that meets or exceeds the project specifications. Please review this proposal and respond to me with any concerns or questions you might have. Call me direct anytime at 651-604-4832. Sincerely, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Ted K. Field Associate Principal 4 Bonestroo .� Rosene Anderlik & Associates Engineers & Architects January 8, 1999 City of Otsego 8899 Nashua Ave 'NE Otsego, Mei i 55330 8onestroo. Rosene. Anderlik and Associates. Inc. is an Affirmative AcrionjEqual Opportunity Employer Principals: Otto G. 8onestroo. PE. • Joseph C. Anderlik. PE. • Marvin L. Sorvala. P.E. • Richard E. turner. PE. • Glenn R. Cook. PE. • Robert G. Schunicht. PE. • Jerry A. Bou HVo, P�. •I Robert W. Rosene. P.E. and Susan M. Eberlin, C.PA.. Senior Consultants y v I Associate Principals: Howard A. Sanford. P.E. • Keith A. Gordon. PE. • Robert R. Pfefferle. P.E. - Richard W Foster. PE. • David O. Loskota. PE. • Robert C. Russek, A.I.A. • Mark A. Hanson, P.E. Michael T. Rautmann. PE. • Ted K.Fleld. PE. • Kenneth P Anderson, P.E. • Mark R. Rolfs, PE. Sidney P Williamson, P.E.. L.S. • Robert F. Kotsmrth • Agnes M. Ring • Mirtihael P, Ra" P.E.- - �- - Allan Rick Schmidt. PE. Offices: St. Paul. Rocnester. Willmar and St. Cloud, MN • Milwaukee. WI Website: www.bonestroo.com Attn: Mike Robertson, Ciry Administrator Re: Wastewater Treatment Plant Construction Proposal for EngineeringUspection Services Our File No. 503-98-800 Dear Mike: This letter supplements our January 6 proposal for construction engineering and inspection services by defining the level of service intended by "full-time" inspection. Full-time inspection is intended to observe all major construction tasks such as concrete pours, buried pipe placement, backfill compaction, tests, etc. It does not mean 8 -hour - per -day presence at the construction site for the entire duration of the project. For example, major excavations, interior pipe installation, and painting require only periodic observation. We rely on our inspector's discretion to schedule his visits accordingly. For our budget, we estimated full-time inspection as follows: 4 hrs/week at the site the 1' month (April, 1999), 20 hrs/week the 2rid month, 40 hrs/week from the 3`d through the 8`h months, 20 hrs/week in the 9`h and 10`h months, and 6 hrs/week in the 11th through 16`h months. Although the inspector's schedule will vary somewhat from this forecast, the total hours included in this schedule (1,288 hrs) is an accurate estimate of the normal inspection requirements for the project of this tripe. I hope this clarifies any questions that arise regarding the extent of full-time inspection. Call me at 651-604-4832 with any questions. Sincerely. BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. � �� Ted K. Field Associate Principal Fig. B 5-892.241 STATE AID MANUAL July 13, 1998 RESOLUTION RELATING TO PARKING RESTRICTIONS ON S.A.P. 217-105-02 from 200 m North of CSAH #37 to CSAH #39 in the City of Otsego , Minnesota. THIS RESOLUTION, passed this day of , 1999, by the City of Otsego in Wright County, Minnesota. The Municipal corporation shall hereinafter be called the "City", WITNESSETH: WHEREAS, the "City" has planned the improvement of Odean (&Feet/Avenue), State Aid Route No. 217-105 from 200 m North of CSAH #37 to CSAH #39 in the City of Otsego , Minnesota; and WHEREAS, the "City", will be expending Municipal Street Aid Funds on the improvements of this Street, and WHEREAS, this improvement does not provide adequate width for parking on both sides of the street; and approval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions. NOW, THEREFORE, IT IS HEREBY RESOLVED: That the "City", shall ban the parking of motor vehicles on Odean Avenue from CSAH #37 to CSAH #39 at all times. Dated this day of ATTEST: City of City Clerk C:\Share\WPmuni\AOTSEGO\334\ot334RES 1 .doc , 1999. , Minnesota. Mayor -v CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTMENT: PREPARED BY: MEETING DATE 8.Andrew MacArthur, City Attorney: EB Council 1/25/99 6:302M ITEM NUMBER: ITEM DESCRIPTION: 8. Andrew MacArthur, City Attorney: 8.1. Approve Condemnation Resolution 8.2. Review Proposed Developers Agreement 8.3. Any other Legal Business BACKGROUND: No. 8.1, 8.2 and 8.3. Above: Attached in the information from Andy MacArthur. He will be present to explain and answer any questions you may have. RECOMMENDATION: This is for Council Hearing and consideration and Mr. MacArthur will explain which items he needs action on. Thanks, er�. Elaine Michael C. Couri- Andrew J. MacArthur Marcus W. Miller *ALm r;cemad in twins January 20, 1999 City Council Members City of Otsego c/o Elaine Beatty, City Clerk 8899 Nashua Avenue NE Elk River, MN 55330 COURI & MACARTHUR Attorneys at Law 705 Central Avenue East PO Box 369 St. Michael, MN 55376-0369 (612) 497-1930 (612) 497-2599 (FAX) couriandmacarthurQKbox. corn RE: Resolution Authorizing Eminent Domain Dear Council Members: Please find enclosed for your consideration at your regularly scheduled City Council meeting on Monday a resolution authorizing eminent domain proceedings for the necessary right -of -way and easements for construction of the wastewater treatment collector- system and water- delivery system throughout the City. A similar- resolution was passed last year but some changes and modifications have been made since that time to the properties affected. The resolution may also contain the description for the proposed Dayton service line, if that description is forwarded to me prior to Monday's meeting. Because inclusion of that description would change the exhibits, I am only providing you with the resolution at this point the exhibits will be provided at the Council meeting on Monday. The authorization to proceed at this time is necessary in order to attempt to meet the City's time -line for construction of both the systems. Prior to actually filing the necessary notices and petitions there must be a period of time in which the right-of-way agent can contact each property owner with offers to purchase based upon appraisals. The majority of those appraisals have already been completed. The property owners must then be given a reasonable period of time to respond as to whether or not they wish to accept the City's offer. Letter to Otsego City Council January 20, 1999 Page 2 If you have any questions regarding this matter I will be available to answer them at Monday's meeting. Very ours, / An w ��CAIRTHUR Arthur URI Encl. pc: Larry Koshak, Hakanson Anderson Bill Waytas, Appraiser Matt Storm, Evergreen City of Dayton CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 99 - RESOLUTION AUTHORIZING PROCUREMENT OF LAND PARCELS, PERMANENT ROAD EASEMENTS, DRAINAGE EASEMENTS, UTILITY EASEMENTS, ALONG WITH NECESSARY TEMPORARY CONSTRUCTION EASEMENTS WHEREAS, the City of Otsego has initiated the necessary steps to construct a wastewater treatment facility and water storage and delivery system; and WHEREAS, the City has ordered and approved plans and specifications for the establishment of a City sanitary sewer collector system, water system, and facilities to hold and deliver water service; and WHEREAS, the City has already procured the site for the wastewater treatment facility and a water tower site; and WHEREAS, additional road right-of-ways will need to be acquired in some instances to facilitate placement of pipes; and WHEREAS, the general location of the necessary road easements, drainage easements. land parcels, utility easements, and temporary construction easements is set forth on attached Exhibit A; and WHEREAS, the various takings are legally described by individual parcels and graphically depicted on attached Exhibit B; and WHEREAS, the construction of all of the above described facilities constitutes a public purpose; and WHEREAS, the City has authority to acquire said land and easements by eminent domain pursuant to Minn. Stat. 117.011 and 117.042; and WHEREAS, the City has the right to acquire the land and easements prior to the filing of an award by the court appointed commissioners, pursuant to Minn. Stat. 117.011 and 117.042; and WHEREAS, the land upon which the facilities will be constructed is owned by the following persons listed on attached Exhibit C; and WHEREAS, pursuant to its adopted policy, the City will first make offers, based upon appraisal information, to affected property owners; giving said owners a reasonable amount of time to respond. In the event that negotiated acquisition of the property interests cannot be achieved, the City will proceed with eminent domain in order to insure timely construction of the above mentioned projects. NOW THEREFORE BE IT RESOLVED, that the Otsego City Council hereby authorizes the acquisition of said land and permanent and temporary easements as described on attached Exhibit C through eminent domain; and to take title and possession of that land prior to the filing of an award by the Court appointed commissioners, pursuant to Minn. Stat. 163.02, Subd. 2, 117.011 and 117.042; and BE IT FURTHER RESOLVED, that construction of the various facilities as set forth herein constitutes a public purpose; and BE IT FURTHER RESOLVED, that the City attorney is requested to file the necessary petition therefor, and to prosecute such action to a successful conclusion or until it is abandoned, dismissed, or terminated by the City or the Court. The City will simultaneously seek to negotiate the acquisition of the described land and permanent and temporary easements. Motion to adopt this resolution made by and seconded by this day of 1999. IN FAVOR: OPPOSED: CITY OF OTSEGO ATTEST Elaine Beatty City Clerk Larry Fournier Mayor 2 Michael C. Couri- Andrew J. MacArthur Markus W. Miller •Avc licensed in !funis January 20, 1999 City Council Members City of Otsego c/o Elaine Beatty, City Clerk 8899 Nashua Avenue NE Elk River, MN 55330 COURT & MACARTHUR Attorneys at Law 705 Central Avenue East PO Box 369 St. Michael, MN55376-0369 (612) 497-1930 (612) 497-2599 (FAX) couriandmacanhurQpobox. com RE: Proposed Developer's Agreement Dear Council Members: Enclosed for your review please find a draft generic Developer's Agreement, redrafted to set forth a framework for developments in which water and sewer services will be provided within the plat by the developer. This is an initial draft for purposes of review and discussion by Council and other professionals. I have copied this draft agreement to Larry Koshak, John Harwood, and Dan Licht for their review and comment. No decision needs to be made at this meeting regarding the draft agreement, I will available to discuss this matter further- at Monday night's regularly scheduled City Council meeting. Very ti I ours, w J. crrththr/ COURI & MACARTHUR Encl. pc: Larry Koshak, Hakanson Anderson Dan Licht, NAC DEVELOPMENT AGREEMENT (Plat Name) AGREEMENT entered into this day of of Otsego ("City"), a municipal corporation organized under the Minnesota, and 1. Request for approve a plat entitled legally described as follows: 1999 between the City laws of the State of ("Developers"). Plat Approval. The Developers have requested that the City (referred to in this Agreement as "the Plat") and (See attached Exhibit A) 2. Conditions of Plat Approval. The City hereby approves the plat on condition that the Developers enter 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 City Council approves the final plat. Any restrictive covenants for the subject subdivision shall be submitted to the City Attorney for approval and shall be recorded prior to sale of any lots within the plat. 3. Right to Proceed. Within the plat or land to be platted, the Developers may not grade or otherwise disturb the earth, remove trees, construct sewer lutes. water lines. streets, utilities, public or private improvements, or any buildings until all the followuig 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 the Agreement have been met, 2) the necessary security has been received by the City, 3) the plat has been recorded with the Wright County Recorder's Office, 4) Developers have initiated and attended a preconstruction meeting with the City Engineer, and 5) the Zoning Administrator has issued a letter that all conditions have been satisfied and that the Developers may proceed; or until such time as approval to commence earlier construction is specifically approved by the City, and Developers have fully complied with all conditions set forth by City staff. 4. Changes in Official Controls. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan, or official controls shall apply to or affect the use, development density, lot size, 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 Developers. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by State law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Agreement. 5. Development Plans. The plat shall be developed in accordance with the plans attached to this Agreement and the conditions stated below. If the plans vary from the written terms of this Agreement, the written terms shall control. The plans are: Plan A Final Plat, , dated , 1999, prepared by Plan B Plan C Plan D N Grading, Drainage, Erosion Control and Resubdivision Plan, dated , 1999, prepared by Street Plan and Profile, dated 1999, prepared by Specifications for Sewer and Water Lines, dated 1999, prepared by Improvements. The Developers shall install and pay for the following: A. Street B. Street lights C. Site grading and ponding (excluding portions of the regional watershed pond not included within the parameters of paragraph 16 of this agreement). D. Underground utilities E. Sewer Lines F. Water- Lines G. Setting of lot and block monuments H. Construction surveying and staking I. Traffic control signs Improvements shall be installed in accordance with City standards, ordinances, and the plans furnished to the City and approved by the City Engineer. The Developers 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 is released, the Developers 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. Before the security for the completion of utilities is released, 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. 7. Time of Performance. The Developers shall install all listed improvements by . The Developers may request an extension of time from the City, which extension will not be unreasonably withheld. The City may impose conditions on the extension necessary to ensure performance. 8. Right of Entry. The Developers hereby grant 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 improvements by Developers or the City, 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 developers five (5) 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 the improvements. 9. Erosion Control. After the site is rough graded, but before any utility construction is commenced or further building permits are issued, the erosion control plan, Plan B, shall be implemented by the Developers and inspected and approved by the City. If the City Engineer determines that it would be unreasonable to require full implementation of the erosion control plan prior to utility construction or issuance of certain building permits, he shall state in writing what construction can take place and what particular building permits can be issued prior to full implementation. The City may impose additional erosion control requirements if, in the 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. 10. Grading Plan. Plat grading shall be in accordance with the 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 security release, the Developers 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: �c3 A. Cross sections of ponds B. Location and elevations of swales and ditches C. Lot corners and house pads Occupancy permits shall not be issued until the grading and drainage plan is certified as set forth above. 11. Clean Up. The Developers shall promptly clean any and all dirt and debris from streets resulting from construction work by the Developers, their agents or assigns. 12. Ownership of Improvements. Upon completion of the work and construction required by this Agreement, improvements lying within public easements shall become City property without finther notice or action. 13. Streets. The Developers agree to maintain the streets in the plat until the bituminous surfacing has been accepted by the City. Should the City be required to grade the street prior to paving, the cost of such grading shall be paid by the Developers and drawn from the Developer's letter of credit. Should snow plowing be necessary prior to street paving, the Developers shall be responsible for such plowing. If upon the Developer's request, the City agrees to plow the street prior to acceptance, such work will be done upon agreement that the Developers will hold harmless and indemnify the City from any and all liability claims related to such work and pay all costs associated with that work. Any plowing undertaken by the City will constitute no acceptance or evidence of acceptance of the street(s) in question. Upon final completion of streets and acceptance by the City, the Developers shall guarantee to the City for a period of that the streets have been constructed to City standards. The warranty period shall not commence until such time as street construction is completed and the streets are accepted by the City. 14. Sewage Treatment. No occupancy permit for any lot in the plat will be issued by the City unless the City Building Official has inspected both the sewer and water hookups to the building and has certified that they have been constructed satisfactorily. 15. City Engineering Administration and Construction Observation, And Legal And Administrative Fees Escrow . The Developers shall pay a fee for consulting engineering administration. City engineering administration will include monitoring of construction, observation, consultation with Developers and their engineer on status or problems regarding the project, monitoring during the warranty period and processing of requests for reduction in security. Fees for this service shall be three percent (30/6) of the estimated construction cost of the improvements to be inspected, assuming normal M construction and project scheduling. The Developers shall pay for construction observation performed by the City's consulting engineer. Construction observation shall include part or full time inspection of proposed street construction and will be billed on hourly rates estimated to be five percent (59/6) of the estimated construction cost of the improvements to be inspected. In the event of prolonged construction or unusual problems, the City will notify the Developers of anticipated cost overruns for administration and observation services. The escrow account shall include estimated fees for Administrative and Legal expenses and Signs and shall be established as follows: ESCROW Signs ( _ at $ per sign) $ Engineering Fees (estimated) $ Administrative and Legal Fees $ TOTAL S This escrow amount shall be submitted to the City prior to the City executing the plat and Developer's Agreement. All administrative and legal fees related to plan review, drafting of the Developer's agreement and any other necessary items shall be paid to the City prior to execution of the plat and Developer's Agreement. Any amounts not utilized from this escrow fund shall be returned to the Developers, with interest, when all improvements have been completed, all financial obligations to the City satisfied, and the required "as built" plans have been received by the City. 16. Drainage. The Developers shall fully comply with the Grading, Drainage, Erosion Control and Resubdivision Plan (Plan B). The established fee for Storm Water Drainage within the Plat is $ 17. Security. To ensure compliance with the terms of this Agreement, payment of park and trail fees, storm water drainage fees, water availability fees and hookup charges. sewer availability fees and hookup charges, and construction of all public improvements, the Developers shall furnish the City with "security" in the amount of S said amount calculated as follows: Site, grading, drainage, erosion $ control, and turf establishment 5 Engineering, surveying, and inspection Construction of street and drainage S Improvements Storm Water Drainage Fees $ Water Availability and Hookup Fees S Sewer Availability and Hookup Fees TOTAL S R The issuer and form of the security (ies) shall be subject to City approval, and shall be substantially in the form(s) attached hereto as Exhibit B. The security(ies) shall be for a term ending . The City may draw down the security(ies) for any violation of the terms of this Agreement, or upon receiving notice of the pending expiration of the secunty(ies). It shall be the responsibility of the Developers to inform the City at least thirty (30) days prior to expiration of the security(ies) of the impending expiration and the status of the project relative to the security and this Agreement. If, for whatever reason, the secunty(ies) lapses prior to complete compliance with this Agreement, the Developers shall immediately provide the City with either an extension of the security or an irrevocable letter of credit of the same amount upon notification of the expiration. If the required improvements are not completed at least thirty (30) days prior to the expiration of the secunty(ies), the City may also may draw down the securitv(ies). If the security(les) is drawn down the proceeds shall be used to cure any default. Upon receipt of proof satisfactory to the City that work has been completed and financial obligations to the City have been satisfied, with City approval, the security may be reduced from time to time down to S , the amount of warranty security required by this Agreement. It shall not be reduced below this amount until such time as an Irrevocable Letter of Credit in the amount of S shall be posted with the City as set forth in paragraph 19 of this Agreement. Notwithstanding the posting of warranty security, the security shall not be reduced below ten percent (10%) of the posted security. Said ten percent (10%) shall be retained until all improvements have been completed, all financial obligations to the City satisfied (which includes posting of warranty security), and the required "as built" plans have been received by the City. C.1 This security amount shall be submitted to the City prior to execution of the plat and Developer's Agreement. All administrative and legal fees related to plan review, drafting of the Developer's agreement and any other necessary items shall be paid to the City prior to execution of the plat and the Developer's Agreement. The security for this Agreement shall be an Irrevocable Letter of Credit in the amount of 18. Landscaping. The Developers shall plant two (2) trees on every lot in the plat not already containing two (2) trees. Trees shall be selected from among the following species, or other species of tree which meet the approval of the City Building Official: Maples Basswood Linden Birch Ash Ginkgo (male only) Honey Locus Kentucky Coffee Tree Hackberry The minimum tree size shall be two (2) inches caliper, either bare root in season or balled and burlapped. The trees may not be planted in a boulevard. Any trees which can cause a public nuisance or public hazard, such as bug infestation or weak bark are specifically prohibited. The Developers shall sod all front yards within the buildable portion of each lot. The Developers shall provide not less than six (6) inches of topsoil in required front yards or side yards abutting public rights-of-way. Where slopes lie in excess of ten (10) percent, sodding (staked) shall be required. Weather permitting, the trees, grass seed and sod shall be planted before Certificates of Occupancy are issued. All grass seed shall be maintained so that turf is established within one (1) year of planting. At the time of application for a Certificate of Occupancy on each individual lot, the owner shall post a six hundred dollar ($600.00) cash escrow with the City to guarantee compliance with the landscaping requirements on that individual lot. If the landscaping is not timely completed, the Citv may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the landscaping, the escrow funds, without interest and less any draw made by the City, shall be returned to the person who deposited the funds with the City. The owner of each lot providing any trees, grass, seed, and sod 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 owners shall post security, as set forth above, to the City to secure these warranties. 7 19. Warranty. The Developers warrants all work required to be performed by it 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 public improvements to be posted by the Developers shall be in the amount of S . 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 public improvement. 20. Claims. In the event that the City receives claims from labor, materialmen, or others that perform work required by this Agreement, and the sums due them have not been paid, and the laborers, materialmen or others are seeking payment from the City, the Developers 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 Developers 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, they 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. 21. 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 parries having a right, title or interest in the plat or any part thereof, thein heirs, executors, representatives, successors and assigns: a C. 22. Park and Trail Dedication. The Developers shall pay a cash contribution of E:3 $ in satisfaction of the City's park dedication requirements. This charge is calculated as follows: lots at $ per lot. The Developers shall also pay a cash contribution of $ in satisfaction of the City's trail dedication requirements. This charge is calculated as follows: lots at $ per lot. These contributions shall be paid upon sale of each lot within the plat. Prior to issuance of a building permit on each lot within the plat, a proportionate fee ($ per lot) shall be paid to the City for that lot's proportionate share of outstanding park and trail fees. 23. Street And Traffic Control Signs. Before the City signs the final plat, the Developers shall pay to the City $ for installation of _ traffic control signs (stop signs, street signs, dead-end signs). The said amount was calculated as follows: signs at $ per sign. Using these funds, the City shall purchase and install the street and traffic control signs. 24. Street Light Construction. The Developers shall pay for the operation and maintenance of the street lights for a period of one (1) year or until such time as the plat is ninety percent (90%) built out, whichever occurs first. The first year of operation and maintenance shall not commence until such time as the final plat is accepted by the City and it is formally recorded. 25. Responsibility for Costs. A. Except as otherwise specified herein, the Developers shall pay all costs incurred by them 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. B. The Developers shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat development. The Developers 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 Developers shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering fees, attorney's fees, and costs and disbursements. D. The Developers shall pay in full all bills submitted to it by the City for 9 obligations incurred under this Agreement within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work and construction, including but not limited to the issuance of building permits for lots which the Developers may or may not have 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. 26. Developer's Default. In the event of default by the Developers as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the City may then draw down the security established in Paragraph 17 to pay for any work undertaken, provided the Developers are first given notice of the work in default, not less than seven (7) days in advance. 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 Developers 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 pursuant to any applicable statutes or ordinances. 27. Miscellaneous. A. The Developers represents to the City that the plat complies with all City, County, metropolitan, state, and federal laws and regulations, including but not limited to, Subdivision Ordinances, Zoning Ordimances, and environmental regulations except where specifically excluded by this agreement. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developers does comply. Upon the City's demand, the Developers shall cease work until there is compliance. B. Thud parties shall have no recourse against the City under this AD-eement. C. Breach of any of the terms of this Agreement by the Developers shall be grounds for denial or revocation of building permits. 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 public improvements, the Developers shall assume all liability for the costs resulting 10 in any delay in completion of public improvements and damage to any public improvements caused by the City, the Developers, is/her 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. F. The action or inaction of the City 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 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 work required of them under this Agreement, at the Developer's request, the City will execute and deliver to the Developers a release or partial release (s) of this Agreement. H. The Developers shall take out and maintain until one (1) year after the City has accepted the public 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 named insured on said policy, and the Developers shall file a copy of the insurance coverage with the City prior to the City issuing further building permits. 1. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or 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 and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. 11 J. The Developers 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. 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 Developers, upon his/her 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. L. A soil report for on-site sewage disposal systems shall be provided. M. Developers shall demonstrate and maintain compliance with the 1991 Wetland Conservation Act. N. Developers shall be responsible for all on site drainage as 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. 28. Notices. Required notices to the Developers shall be in writing, and shall be either hand delivered to the Developers, their employees or agents, or mailed to the Developers by registered mail at the following address: Notice to the City shall be in writing and shall be either hand delivered to the City Clerk or Deputy City Clerk at the following address: City of Otsego, City Hall, 8899 Nashua Avenue NE, Otsego, MN 55330, Attention: City Clerk or Deputy City Clerk. CITY OF OTSEGO IS Larry Fournier, Mayor Elaine Beatty, City Clerk 12 DEVELOPERS Its: Its: STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 1999, by Larry Fournier, Mayor and by Elaine Beatty, City Clerk, of the City Otsego, a Minnesota municipal corporation, on behalf of the City and pursuant to the authority of the City Council. STATE OF MINNESOTA ) 13 Notary Public ) ss. COUNTY OF WRIGHT ) The foregoing instrument 1999, by respectively of Drafted by: Court & MacArthur Law Office 705 Central Avenue East P.O. Box 369 St. Michael, MN 55376 (612) 497-1930 was acknowledged before me this day of the and 14 Notary Public CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE 9. Council Items: Elaine Beatty January 25, 1999 6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB,CC 9.1. Appointments of Commission Members BACKGROUND: Attached is a Memo from Mike Robertson, City Administrator Re: Commission Appointments. He outlines what positions are open for appointment. Mike will be present if you have any questions on this. RECOMMENDATION: This is for Council information and Bd. and Commission appointments. Thanks i Elaine Date: January 20, 1999 To: Mayor & Council From: City Administrator Mike Robertson Re: Commission Appointments The following City commission offices need to be filled as their terms expire January 31, 1999. PLANNING COMMISSION The seats held by Bruce Rask and Ing Roskaft (vacated). These are each four year terms. PARR & RECREATION COMMISSION The seats held by Jeff Bartheld, Tom Constant, and Mike Day. These are each four year terms. HISTORIC PRESERVATION COMMISSION The seats held by Norm Schwanbeck and Frieda Lobeck. These are each four year terms. With these appointments, everyone on the HPC will be serving a four year term. The EDAAC seats held by Leroy Lindenfelser, Rudy Thibodeau, and Liz Wilder also expire on January 31, 1999. I assume these seats will be dealt with as part of the Council's decision on the future of the EDAAC. CLAIMS LIST CITY COUNCIL MEETING JANUARY 25, 1999 TO: City Council Attached is the Claims List for your consideration. The grand total you are considering is as follows: Batch 1-25-99 $ 61,334.82 GRAND TOTAL $ 61,334.82 If you have any questions or if you would like to review this list further, please let me know. Judy Hudson Deputy Clerk/Treasurer C. Jan irYY Claps list Page 1 Thu 5:53 AM CITY OF OTSEGO Dept Transaction Batch Name Description Comeents Amount Nate Batch Name 012599 AF ]OLEN Heritage Preservation Come Heritage Comm Pay 1998 110.00 012599 6 iC Hwys, Streets, & Roads Public Works Shed Doors 3,997.00 012599 BLACK RON Heritage Preservation Comm Heritage Comm Pay 1998 80.00 012599 80ISE CASCADE OFFICE PRODUCTS Administration Office supplies 67.29 012599 BOISE CASCADE OFFICE PRODUCTS Administration Office supplies 31.67 012599 CORROW TRUCKING Recycling December recycling 1,431.25 012599 DARLENE SOLBERG Parks Maintenance Park & Rec Come Pay 1998 40.00 012599 DENNIS FEHN GRAVEL & EXCAVAT Hwys, Streets, & Roads Queens Ave Culvert 3,043.70 012599 DENNIS FEHN GRAVEL & EXCAVAT Hwys, Streets, & Roads Mason Ave Culvert 13,998.00 012599 EARL F ANDERSON INC Hays, Streets, & Roads Street Sign/H C Child 126.61 012599 EAST SIDE LEASING CO Administration Rental - Copier 237.92 012599 ECM PUBLISHERS INC Administration Odean Ave Notice 49.51 012599 ELAINE BEATTY Old Town Hall Stove for Peavey House 15.00 012599 ELAINE NORIN Heritage Preservation Comm Heritage Comm Pay 1998 110.00 012599 FORD CREDIT DEPT 67-434 Hwys, Streets, & Roads Payment 94 Ford Dump 10,212.41 012599 FRIEDA LOBECK Heritage Preservation Come Heritage Come Pay 1998 110.00 012599 G & K TEXTILE LEASING SYSTEM Administration City Hall Supplies 100.83 012599 G & K TEXTILE LEASING SYSTEM Hwys, Streets, & Roads Public Works Supplies 100.83 012599 G & K TEXTILE LEASING SYSTEM Hwys, Streets, & Roads Public Works Uniforms 171.92 012599 GABRIEL DAVIS Economic Development Authority EDAAC Commission Pay 1998 60.00 012599 H G WEBER OIL COMPANY Hwys, Streets, & Roads Gas 265.43 012599 H G WEBER OIL COMPANY Hwys, Streets, & Roads Diesel 494.19 012599 HAKANSON ANDERSON ASSOC INC Water Utilities (GENERAL) Municipal Well I1 94-3 514.40 012599 HAKANSON ANDERSON ASSOC INC Sanitary Sewer Construction San Sew Dis Permit review 125.00 012599 HAKANSON ANDERSON ASSOC INC Hwys, Streets, & Roads Otsego Ck Culvet Mason 930.33 012599 HAK ANDERSON ASSOC INC Sanitary Sewer Construction Test Wells Well 12 Ex Ser 2,008.72 012599 HA ANDERSON ASSOC INC Sanitary Sewer Construction Water Tower Construction 2,143.76 012599 HAKANSON ANDERSON ASSOC INC Sanitary Sewer Construction Water Tower Const Ex Ser 1,441.05 012599 HAKANSON ANDERSON ASSOC INC Sanitary Sewer Construction Trunk Sanitary Sew Ex Ser 886.22 012599 HAKANSON ANDERSON ASSOC INC Engineer Miscell Eng 593.75 012599 HAKANSON ANDERSON ASSOC INC Hwys, Streets, & Roads Public Works Committee 1,453.48 012599 HAKANSON ANDERSON ASSOC INC Engineer Staff Meeting 156.25 012599 ICMA RETIREMENT TRUST PPE 12-26-98 499.31 012599 ICMA RETIREMENT TRUST Administration PPE 12-26-98 192.31 012599 INNOVATIVE ELECTRONIC SOLUTION Administration Install data jack 95.24 012599 JANET BRIDGLAND Heritage Preservation Comm Heritage Comm Pay 1998 10.00 012599 JEFF BARTHELD Parks Maintenance Park & Rec Comm Pay 1998 110.00 012599 JERRY STRUTHERS Culture and Rec (GENERAL) Donation/Hayride 100.00 012599 JOHN FRANK Culture and Rec (GENERAL) Ice Sculpture Winter fest 150.00 012599 JURAN & MOODY Finance Report Preparation 1,314.66 012599 LEROY LINDENFELSER Economic Development Authority EDAAC Commission Pay 1996 60.00 012599 LYLE H NAGELL CO INC. Sanitary Sewer Construction Appraisals (Sewer proj) 1,400.00 012599 LYLE H NAGELL CO INC. Sanitary Sewer Construction Appraisals (Sewer proj) 400.00 012599 LYLE H NAGELL CO INC. Sanitary Sewer Construction Appraisals 1,800.00 012599 MEDICA Hwys, Streets, & Roads 2-1-99 - 2-28-99 premium 796.37 012599 MEDICA Administration 2-1-99 - 2-28-99 premium 1,742.42 012599 MICHAEL DAY Parks Maintenance Park & Rec Comm Pay 1998 70.00 012599 MINNEGASCO Old Town Hall Peavey House final bill 21.02 012599 MN DEPT OF REVENUE 1998 Sales Tax Collected 92.00 012599 21 Jan 1999 Cities Lilt Page 2 Thu 5:53 AM CITY OF OTSEGO Name Ba ie 012599 MON __-L.LO ANIMAL CONTROL NICHOLS JOAN M NICOLE MARTIN NICOLE MARTIN NORMAN SCHWANBECK PRINCIPAL FINANCIAL GROUP PRINCIPAL FINANCIAL GROUP PUBLIC EMPLOYEES RETIREMENT PUBLIC EMPLOYEES RETIREMENT PUBLIC EMPLOYEES RETIREMENT PUBLIC EMPLOYEES RETIREMENT RICHARD KINCANNON ROCHE MARTIN RUDY THIBODEAU SOFTRONICS STATE CAPITAL CREDIT UNION STEVE ACKERMAN SUE KROLL SUPERIOR SERVICES SWENSON JOY TERI KOHLER TOM BAILLARGEON TOM CONSTANT TRUE VALUE VIl IETERSON WAL_ ODELL WILDER LIZ E WOODLAND FARMS WRIGHT COUNTY DRUG TASK FOR Grand Total Dept Description Animal Control Heritage Preservation Comm Culture and Rec (GENERAL) Parks Maintenance Heritage Preservation Comm Administration Hwys, Streets, & Roads FO Administration FD Hwys, Streets, & Roads FO Administration FD Administration Parks Maintenance Economic Development Authority Administration Economic Development Authority Parks Maintenance Recycling Heritage Preservation Comm Parks Maintenance Parks Maintenance Parks Maintenance Hwys, Streets, & Roads Economic Development Authority Economic Development Authority Economic Development Authority Culture and Rec (GENERAL) CE CITY COUNCIL Comments Pick up services Heritage Comm Pay 1998 Cash for Winter Fest Park 6 Rec Comm Pay 1998 Heritage Comm Pay 1998 Dental premium Dental premium PPE 1-9-99 PPE 1-9-99 PERA PPE 1-9-99 Refund less $750.00 Park & Rec Comm Pay 1998 EDAAC Commission Pay 1998 New Computer System Act 141923 Olson EDAAC Commission Pay 1998 Park & Rec Comm Pay 1998 Recycling Heritage Comm Pay 1998 Park & Rec Comm Pay 1998 Park 6 Rec Comm Pay 1998 Park & Rec Comm Pay 1998 Miscell Supp Public Works EDAAC Commission Pay 1998 EOAAC Commission Pay 1998 EDAAC Commission Pay 1998 Sleigh rides Winter fest Donation to Drug Task Fr Transaction Batch Amount Name 30.00 110.00 75.00 100.00 70.00 183.85 82.23 198.85 238.80 165.00 401.31 1,148.25 10.00 30.00 2,092.34 50.00 40.00 100.00 460.00 70.00 20.00 60.00 100.00 012599 012599 012599 012599 012599 012599 012599 012599 012599 012599 012599 012599 012599 012599 012599 012599 012599 012599 012599 012599 012599 012599 012599 159.34 012599 30.00 012599 60.00 012599 40.00 012599 250.00 012599 1,000.00 012599 61,334.82 80NESTR00 ROSENE ANDERLiK 6126361311 07/02/98 11:35 C} :02 NO: 601 Memorandum To: Mayors Larry Fournier and Phil Forseth Fnxn: Ted Field, Bonestroo DOW 07/'02/98 Re: X80 WWTP Estimated Construction Cost Hare is the most recant cost estimate for the OtsegoMayton W n?. This estimate has been prepared based on the plans and specifications for the project, and includes costs for a chemical treatment system to remove phosphorus. Prior to consideration of phosphorus removal, the estimated project costs were: ESUM Construction $2,172,000 ` "F++ng S 125,500 Per Bonestrvo contract n engineering & inspection s $ 174,000 Estimated, actual costs per diem LA Z. admin �- To=. S 22,000 Estimated as I% of construction $2,493,500 With tion of phosphorus removal, the revised costs project are: Esd Construction $2,308,000 Des4n engineering $ 133,400 + $7,900 to design P -removal Consttvct;on engineering dt inspection $ 185,000 Estimated. actual costs per diem Legal, fiscal' admin $ 23,000 Estimated as 1% of construction Total $2,649,400 Note: Land acquisition costs not included 1 ; , s„ i in 1 .�yS � � r �I'!J► . i �: + .:i 1, M1vw,•yai ny. 1 r January 19, 1999 City of Otsego 8899 Nashua Ave. NE Otsego, MN 55330 �_' - IGHT SOIL AND WATER CONSERVATION DISTfACT JAN U 30k'•Brigfito6 Avenue Buifalo;,-Minnesota 5973 -f37 -- Telephone (612) 682-1933 682-1970 Fax (612)682-0262 Dear City Council Members and City Staff, The Wright SWCD as the lead administrator for the Wetland Conservation Act (WCA) in Wright County must file a report with the Board of Soil and Water Resources (BWSR) on WCA activity within the County for the calendar year 1998. As you know, the county set up this program, so that the Wright SWCD will handle the administration for the cities if they so desire. For the cities that have availed themselves of this, and we have been the administrative body for the entire year, we already have most of the information. We only need a figure for any costs you may have incurred for your council and staff time including consultants. _ or those cities that administer the law themselves, even for only part of the year I have enclosed a form for you to fill out and return. I would greatly appreciate you having this information back to me by February 1, 1999. If you have any questions feel free to contact me at 682-1970, Extension 3. Sincerely, ICL Kerry Saxton Office Manager Wetland Conservation Act, 1998 Summary C CONTACT PERSON PHONE# Administrative Information 1. Total administrative expenses for WCA implementation in 1998 $, IMPLEMENTATION INFORMATION FOR 1998 2. Number of landowner contacts during 1998 3. Number of contacts that resulted in wetlands being avoided (_estimated or _ known 4. Number of wetland acres that were avoided (approximate) 4. Number of contacts that resulted in wetland impacts being minimized 5. Number of acres for which impacts were minimized (e.g., if proposal was for 1.0 acre, but reduced to 0.25 acre, 0.75 acre was minimized) E amber of contacts/projects for which wetlands were replaced 7. Number of (non-exempt) acres drained/filled under WCA replacement plan 8. Number of acres replaced via WCA replacement plans (please list details for each replacement project on back) 9. Sum of acres avoided, minimized, or replaced (sum of 9,11,14) 10. # of exemptions approved 11. Number of no -loss determinations Est. wetland acres impacted via exemptions 12. Which wetland type(s) generated your biggest workload? 13. List # of WCA projects (all projects proposed) in your city in the following categories? 0.0 - 0.2 ac. . 0.2 - 0.5ac. 0.51 - 1.0 Ac. 1.1 - 3.0 ac. greater than 3.0 ac. 14. How many Technical Evaluation Meetings were conducted?