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04-27-09 CC
CLAIMS LIST CITY COUNCIL MEETING APRIL 27, 2009 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 04-13-2009 $ 5,970.00 04-15-2009 $ 123,785.00 04-22-2009 $ 151,447.74 04-22-2009 $ (2,940.00) *Voided check #47086 dated 4/8/09 to Infrastructure Technologies. PAYROLL 04-22 -2009 $ 32,306.81 ELECTRONIC PYMTS FOR APRIL: Qwest Centerpoint Energy Dept. of Revenue -Fuel Tax Dept. of Revenue -Sales Tax Elk River Utilities Wright -Hennepin Delta Dental Total GRAND TOTAL $ 327,159.63 $ 104.49 $ 4,292.74 $ 125.21 $ 986.00 $ 1,839.48 $ 8,087.07 $ 1,155.09 $ 16,590.08 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 04/22/09 1:33 PM Page 1 *Check Summary Register© APRIL 2009 Name Check Date Check Amt 10100 BANK OF ELK RIVER Paid Chk# 047124 WRIGHT COUNTY RECORDER 4/22/2009 $46.00 CUMMINGS MOBILITY/IUP Paid Chk# 047125 WRIGHT COUNTY RECORDER 4/22/2009 $46.00 PRATT CUP/2ND DRWY Paid Chk# 047126 WRIGHT COUNTY RECORDER 4/22/2009 $46.00 HENNUM/RIVER RIDGE Paid Chk# 047127 3M 4/22/2009 $2,060.78 FILM FOR STREET SIGNS Paid Chk# 047128 ALLIANCE BENEFIT GROUP 4/22/2009 $2,595.27 PPE 4/18/09 CH DTD 4/22/09 Paid Chk# 047129 CITY OF OTSEGO 4/22/2009 $473.42 15501 83RD - IRRIG Paid Chk# 047130 ECM PUBLISHERS INC 4/22/2009 $319.50 LEGAL - ASSESSMENT NOTICE Paid Chk# 047131 ELK RIVER PRINTING & PARTY 4/22/2009 $82.01 TAMI LOFF BUSINESS CARDS Paid Chk# 047132 FIRST AMERICAN TITLE 4/22/2009 $74.40 UTILITY REFUND - 8263 PARELL A Paid Chk# 047133 FORT DEARBORN LIFE 4/22/2009 $773.53 MAY PREMIUM Paid Chk# 047134 G & K TEXTILE LEASING SYSTE 4/22/2009 $564.67 UNIFORMS & MATS Paid Chk# 047135 GRAINGER 4/22/2009 $231.17 TRASH RECEPTACLE AND DOLLY Paid Chk# 047136 HEALTH PARTNERS 4/22/2009 $5,728.00 MAY MEDICAL Paid Chk# 047137 ICMA RETIREMENT TRUST 4/22/2009 $648.22 PLAN #304185 Paid Chk# 047138 LAWSON PRODUCTS, INC. 4/22/2009 $50.31 RUST CONVERT METALIZE Paid Chk# 047139 LEAGUE OF MN CITIES 4/22/2009 $220.00 DARKENWALD - FEB 2009 CONFEREN Paid Chk# 047140 MAMA 4/22/2009 $25.00 4/9/09 MAMA LUNCHEON Paid Chk# 047141 MICHAEL R BRUMM 4/22/2009 $149.08 BICYCLES FOR EASTER EVENT Paid Chk# 047142 MINNESOTA COPY SYSTEMS 4/22/2009 $35.77 PW COPIER MAINT Paid Chk# 047143 MONTICELLO ANIMAL CONTROL 4/22/2009 $120.00 ANIMAL CONTROL Paid Chk# 047144 NEXTEL COMMUNICATIONS 4/22/2009 $359.63 CELL PHONES 'aid Chk# 047145 NORTHERN TOOL & EQUIPMEN 4/22/2009 $42.72 SANDBLAST MEDIA Paid Chk# 047146 NORTHLAND REFRIGERATION 1 4/22/2009 $1,440.03 BOILER REPAIRS Paid Chk# 047147 OFFICEMAX 4/22/2009 $155.62 BLDG SUPPLIES Paid Chk# 047148 PEOPLE SERVICE INC. 4/22/2009 $44,602.00 MONTHLY SERVICE - MAY Paid Chk# 047149 PUBLIC EMPLOYEES RETIREME 4/22/2009 $3,731.99 #677600 PPE 4/18/09 Paid Chk# 047150 SOFTRONICS, INC. 4/22/2009 $6,623.49 ADMIN - LABOR Paid Chk# 047151 SRF CONSULTING GROUP, INC. 4/22/2009 $578.85 PARKS CONSULTING Paid Chk# 047152 ST. CLOUD STATE UNIVERSITY 4/22/2009 $410.00 2009 MMCI - TAM[ LOFF #217880 - Paid Chk# 047153 STANGLER ENTERPRISES INC. 4/22/2009 $250.00 ABATEMENT FOR MOWING ASSESSMEN Paid Chk# 047154 UNITED STATES POSTAL SERVI 4/22/2009 $2,000.00 POSTAGE FOR W/S Paid Chk# 047155 VERIZON WIRELESS 4/22/2009 $145.83 LAP TOP SERVICE Paid Chk# 047156 WATER TOWER CLEAN & COAT 4/22/2009 $3,550.00 EAST WT #1 INTERIOR CLEANING Paid Chk# 047157 WRIGHT COUNTY AUDITOR -TRE 4/22/2009 $69,532.22 2009 SPEC ASSESSMENT CONT Paid Chk# 047158 XCEL ENERGY 4/22/2009 $3,736_23 16575 61 ST - WT #3 Total Checks $151,447.74 FILTER: None CITY OF OTSEGO 04/22/09 1:34 PM Page 1 *Check Detail Register© APRIL 2009 Paid Chk# 047126 4/22/2009 WRIGHT COUNTY RECORDER E 101-41400-340 Recording Fees $46.00 HENNUM/RIVER RIDGE Total WRIGHT COUNTY RECORDER $46.00 Paid Chk# 047127 4/22/2009 3M E 101-43100-393 Sign material purchased $1,437.75 TP52119 FILM FOR STREET SIGNS E 101-43100-393 Sign material purchased $623.03 TP52143 FILM FOR STREET SIGNS Total 3M $2,060.78 -aid Chk# 047128 4/22/2009 ALLIANCE BENEFIT GROUP 4/22/2009 CITY OF OTSEGO Check Amt Invoice Comment 10100 BANK OF ELK RIVER G 101-21706 Hospitalization/Medical Ins $595.23 Paid Chk# 047086 4/8/2009 INFRASTRUCTURE TECHNOLOGIES IN $333.34 E 602-49450-390 Contracted Services ($1,155.00) PR90129-VOI VOID CHECK #47086 E 602-49450-390 Contracted Services ($1,785.00) PR90130-VOI VOID CHECK #47086 )tal INFRASTRUCTURE TECHNOLOGIES IN ($2,940.00) E 602-49450-322 Paid Chk# 047124 4/22/2009 WRIGHT COUNTY RECORDER 7551 LANCASTER -WEST WWTF E 602-49450-322 E 101-41400-340 Recording Fees $46.00 _ CUMMINGS MOBILITY/IUP Total WRIGHT COUNTY RECORDER $46.00 E 602-49450-322 Paid Chk# 047125 4/22/2009 WRIGHT COUNTY RECORDER 7551 LANCASTER -WEST WWTF E 101-41400-340 Recording Fees $46.00 PRATT CUP/2ND DRWY Total WRIGHT COUNTY RECORDER $46.00 Paid Chk# 047126 4/22/2009 WRIGHT COUNTY RECORDER E 101-41400-340 Recording Fees $46.00 HENNUM/RIVER RIDGE Total WRIGHT COUNTY RECORDER $46.00 Paid Chk# 047127 4/22/2009 3M E 101-43100-393 Sign material purchased $1,437.75 TP52119 FILM FOR STREET SIGNS E 101-43100-393 Sign material purchased $623.03 TP52143 FILM FOR STREET SIGNS Total 3M $2,060.78 -aid Chk# 047128 4/22/2009 ALLIANCE BENEFIT GROUP 4/22/2009 CITY OF OTSEGO E 101-43100-123 Health $833.35 PPE 4/18/09 CH DTD 4/22/09 G 101-21706 Hospitalization/Medical Ins $595.23 PPE 4/18/09 CH DTD 4/22/09 E 250-42410-123 Health $333.34 PPE 4/18/09 CH DTD 4/22/09 E 101-41600-123 Health $500.01 PPE 4/18/09 CH DTD 4/22/09 E 101-41400-123 Health $333.34 PPE 4/18/09 CH DTD 4/22/09 Total ALLIANCE BENEFIT GROUP $2,595.27 6480 MASON - IRRIG Paid Chk# 047129 4/22/2009 CITY OF OTSEGO E 101-45200-322 Utilities $3.20 15501 83RD - IRRIG E 101-45200-322 Utilities $3.20 11313 77TH - IRRIG E 101-45200-322 Utilities $3.20 10400 71ST - IRRIG E 101-45200-322 Utilities $3.20 6480 MASON - IRRIG E 602-49450-322 Utilities $3.83 7551 LANCASTER -WEST WWTF E 602-49450-322 Utilities $11.66 7551 LANCASTER - WEST WWTF E 602-49450-322 Utilities $39.46 5850 RANDDOLPH - EAST Wti AfTF E 602-49450-322 Utilities $402.25 7551 LANCASTER -WEST WWTF E 602-49450-322 Utilities _$3.42 7551 LANCASTER -WEST WWTF Total CITY OF OTSEGO $473.42 Paid Chk# 047130 4/22/2009 ECM PUBLISHERS INC E 101-41400-350 Print/Binding (GENERAL) $139.50 291143 LEGAL - ASSESSMENT NOTICE E 101-41400-350 Print/Binding (GENERAL) $180.00 291144 LEGAL - PUBLIC HEARING Total ECM PUBLISHERS INC $319.50 Paid Chk# 047131 4/22/2009 ELK RIVER PRINTING & PARTY PLU E 101-41400-350 Print/Binding (GENERAL) $82_01 28000 TAMI LOFF BUSINESS CARDS Total ELK RIVER PRINTING & PARTY PLU $82.01 Paid Chk# 047132 4/22/2009 FIRST AMERICAN TITLE R 601-37150 WATER SALES _ Total FIRST AMERICAN TITLE $74.40 $74.40 UTILITY REFUND - 8263 PARELL AVE Paid Chk# 047133 4/22/2009 FORT DEARBORN LIFE E 250-42410-130 Employer Paid Ins (GENERAL) $110.99 MAY PREMIUM CITY OF OTSEGO 04/22/09 1:34 PM Page 2 *Check Detail Register© APRIL 2009 E 101-41400-121 PERA $212.22 PPE 4/18/09 PLAN #304185 G 101-21705 Other Retirement $436.00 PPE 4/18/09 PLAN #304185 Total ICMA RETIREMENT TRUST $648.22 Paid Chk# 047138 4/22/2009 LAWSON PRODUCTS, INC. E101-43100-210 Operating Supplies (GENERAL) $50.31 7944770 RUST CONVERT METALIZE Total LAWSON PRODUCTS, INC. $50.31 Pani Chk#"'047139 4/22/2009 LEAGUE OF MN CITIES E 101-41100-360 Education/Training/Conferences $220.00 126177 DARKENWALD - FEB 2009 CONFERENCE Total LEAGUE OF MN CITIES $220.00 Paid Chk# 047140 4/22/2009 MAMA Check Amt Invoice Comment E 602-49450-130 Employer Paid Ins (GENERAL) $12.67 4/9/09 MAMA LUNCHEON MAY PREMIUM E 601-49400-130 Employer Paid Ins (GENERAL) $12.67 Paid Chk# 047141 MAY PREMIUM E 101-43100-130 Employer Paid Ins (GENERAL) $330.73 Recreation Programming MAY PREMIUM E 101-41600-130 Employer Paid Ins (GENERAL) $158.67 $149.08 MAY PREMIUM E 101-41400-130 Employer Paid Ins (GENERAL) $147.80 E101-43100-413 MAY PREMIUM _$35.77 28239 Total FORT DEARBORN LIFE $773.53 $35.77 Paid Chk# 047134 4/22/2009 G & K TEXTILE LEASING SYSTEM E 101-42710-390 E 101-43100-225 Uniforms/Clothing Allowance $94.05 1043161434 UNIFORMS & MATS E 101-43100-225 Uniforms/Clothing Allowance $101.85 1043166674 UNIFORMS & MATS E 101-41940-390 Contracted Services $95.70 1043166675 MATS E 101-43100-225 Uniforms/Clothing Allowance $47.19 1043171862 UNIFORMS & MATS E 101-43100-225 Uniforms/Clothing Allowance $82.99 1043177068 UNIFORMS & MATS E 101-41940-390 Contracted Services $95.70 1043177069 MATS E 101-43100-225 Uniforms/Clothing Allowance -----$47.1-9 1043182295 UNIFORMS & MATS Total G & K TEXTILE LEASING SYSTEM $564.67 Paid Chk# 047135 4/22/2009 GRAINGER E 101-41940-389 Cleaning Services $117.68 9876267734 TRASH RECEPTACLE AND DOLLY E 101-41100-801 CONTINGENCY $113.49 9_8.77161811 LINERS FOR ADOPT A HWY Total GRAINGER $231.17 Paid Chk# 047136 4/22/2009 HEALTH PARTNERS _� �,�,.�.,.�...�._...,..-.�.....�,...�....�........ ,._. �^ .� E 101-41600-123 Health $1,314.70 31938962 MAY MEDICAL E 101-43100-123 Health $2,927.50 31938962 MAY MEDICAL E 101-41400-123 Health $1,102.60 31938962 MAY MEDICAL E 250-42410-123 Health $383.20 31.938962 MAY MEDICAL Total HEALTH PARTNERS $5,728.00 Paid Chk# 047137 4/22/2009 ICMA RETIREMENT TRUST - g -. E 101-41400-121 PERA $212.22 PPE 4/18/09 PLAN #304185 G 101-21705 Other Retirement $436.00 PPE 4/18/09 PLAN #304185 Total ICMA RETIREMENT TRUST $648.22 Paid Chk# 047138 4/22/2009 LAWSON PRODUCTS, INC. E101-43100-210 Operating Supplies (GENERAL) $50.31 7944770 RUST CONVERT METALIZE Total LAWSON PRODUCTS, INC. $50.31 Pani Chk#"'047139 4/22/2009 LEAGUE OF MN CITIES E 101-41100-360 Education/Training/Conferences $220.00 126177 DARKENWALD - FEB 2009 CONFERENCE Total LEAGUE OF MN CITIES $220.00 Paid Chk# 047140 4/22/2009 MAMA E 101-41400-360 Education/Training/Conferences __$25.00 2566 4/9/09 MAMA LUNCHEON Total MAMA $25.00 Paid Chk# 047141 4/22/2009 MICHAEL R BRUMM E 101-45250-440 Recreation Programming $149.08 BICYCLES FOR EASTER EVENT Total MICHAEL R BRUMM $149.08 Paid Chk# 047142 4/22/2009 MIN NESOTACOPYSYSTEMS� E101-43100-413 Office Equipment Rental _$35.77 28239 PW COPIER MAINT Total MINNESOTA COPY SYSTEMS $35.77 Paid Chk# 047143 4/22/2009 MONTICELLO ANIMAL CONTROL E 101-42710-390 Contracted Services $120.00 500 ANIMAL CONTROL Total MONTICELLO ANIMAL CONTROL $120.00 Paid Chk# 047144 4/22/2009 NEXTEL COMMUNICATIONS CITY OF OTSEGO 04/22/09 1:34 PM Page 3 *Check Detail Register© APRIL 2009 Check Amt Invoice Comment E 250-42410-320 Telephone $152.04 184430382-01 CELL PHONES E 101-43100-320 Telephone $207.59 184430382-01 CELL PHONES Total NEXTEL COMMUNICATIONS $359.63 Paid Chk# 047145 4/22/2009 NORTHERN TOOL & EQUIPMENT CO E101-43100-210 Operating Supplies (GENERAL) _$42.72 191285089 SANDBLAST MEDIA Total NORTHERN TOOL & EQUIPMENT CO $42.72 Paid Chk# 047146 4/22/2009 NORTHLAND REFRIGERATION INC E101-43100-402 Repairs/Maint Buildingss $556.35 5536 BOILER REPAIRS E 101-43100-402 Repairs/Maint Buildingss $883.68 5579 BOILER REPAIRS Total NORTHLAND REFRIGERATION INC $1,440.03 Paid Chk# 047147 4/22/2009 OFFICEMAX E 101-41400-201 E 250-42410-201 Office Supplies and Expenses $52.40 648237 BLDG SUPPLIES E 101-41400-201 Office Supplies and Expenses $93.62 648237 OFFICE SUPPLIES E 250-42410-201 Office Supplies and Expenses ($46.84) 682390 INK CARTRIDGE RETURN E 250-42410-201 Office Supplies and Expenses $61.76 711211 BLDG ERASE BOARD E 101-41400-201 Office Supplies and Expenses ($15.96) 713023 OFFICE SUPPLY RETURN E 101-41400-201 Office Supplies and Expenses $10:64-71-8864 CASSETTES Total OFFICEMAX $155.62 Paid Chk# 047148 4/22/2009 PEOPLE SERVICE INC. E 601-49400-390 Contracted Services $13,871.22 14649 MONTHLY SERVICE - MAY E 602-49450-390 Contracted Services $30,730.78 14649 MONTHLY SERVICE - MAY Total PEOPLE SERVICE INC. $44,602.00 Paid Chk# 047149 4/22/2009 PUBLIC EMPLOYEES RETIREMENT E 101-41400-121 PERA $228.75 #677600 PPE 4/18/09 E 101-41600-121 PERA $448.41 #677600 PPE 4/18/09 G 101-21704 PERA $1,756.23 #677600 PPE 4/18/09 E 602-49450-121 PERA $38.26 #677600 PPE 4/18/09 E 601-49400-121 PERA $38.27 #677600 PPE 4/18/09 E 250-42410-121 PERA $351.86 #677600 PPE 4/18/09 E 101-43100-121 PERA _$870.21 #677600 PPE 4/18/09 )tal PUBLIC EMPLOYEES RETIREMENT FD $3,731.99 Paid Chk# 047150 4/22/2009 SOFTRONICS, INC. E 101-431000-201 Office Supplies and Expenses $159.75 2277 PW - PRINTER. CARTRIDGES E 101-41400-570 Office Equip and Furnishings $126.74 2277 ADMIN IT - HARD DRIVE E 601-49400-390 Contracted Services $50.00 2277 UTIL - LABOR E 101-41400-201 Office Supplies and Expenses $163.96 2277 ADMIN - UPS, CORD, ANTI-VIRUS, USB E 101-41400-390 Contracted Services $475.00 2277 ADMIN IT - LABOR E 101-41400-391 GIS Services $575.00 2277 GIS - LABOR E 101-41400-390 Contracted Services $675.00 2277 ADMIN - LABOR E 101-41600-390 Contracted Services $775.00 2277 FIN - LABOR E 101-41400-391 GIS Services $2,373.83 2277 GIS - COMPUTER SYSTEM E 250-42410-390 Contracted Services $750.00 2277 BLDG - LABOR E 250-42410-570 Office Equip and Furnishings $266.25 2277 BLDG - MONITOR, CABLE, ETHERNET SWITCH E 101-43100-390 Contracted Services $100.00 2277 PW - LABOR E 101-41600-201 Office Supplies and Expenses $82.96 2277 FIN - ANTI-VIRUS SFTWR E 602-49450-390 Contracted Services $50_00 2277 UTIL - LABOR Total SOFTRONICS, INC. $6,623.49 Paid Chk# 047151 4/22/2009 SRF CONSULTING GROUP, INC. E 203-45210-390 Contracted Services $578.85 5521-27 PARKS CONSULTING Total SRF CONSULTING GROUP, INC. $578.85 CITY OF OTSEGO 04/22/09 1:34 PM Page 4 *Check Detail Register© APRIL 2009 Fund Summary 101 GENERAL FUND 203 PARK DEVELOPMENT 250 Comm. Dev. & Bldg Safety 601 WATER FUND 602 SEWER FUND 10100 BANK OF ELK RIVER $93,942.47 $578.85 $2,560.83 $18,919.50 $32,506.09 $148,507.74 Check Amt Invoice Comment Paid Chk# 047152 4/22/2009 ST. CLOUD STATE UNIVERSITY E 101-41400-360 Education/Training/Conferences $410.00 MMCI-0421 2009 MMCI - TAM] LOFF #217880-9175 Total ST. CLOUD STATE UNIVERSITY $410.00 Paid Chk# 047153 4/22/2009 STANGLER ENTERPRISES INC. R 101-36200 Miscellaneous Revenues $2_50.00 _ ABATEMENT FOR MOWING ASSESSMENTS Total STANGLER ENTERPRISES INC. $250.00 Paid Chk# 047154 4/22/2009 UNITED STATES POSTAL SERV ICE E 602-49450-206 Postage $1,000.00 POSTAGE FOR W/S E 601-49400-206 Postage $1,000.00 POSTAGE FOR W/S Total UNITED STATES POSTAL SERVICE $2,000.00 Paid Chk# 047155 4/22/2009 VERIZON WIRELESS�� E 250-42410-320 Telephone $145.83 1995761386 LAP TOP SERVICE Total VERIZON WIRELESS $145.83 Paid Chk# 047156 4/22/2009 WATER TOWER CLEAN & COAT INC. E 601-49400-400 Repairs & Maint Cont $250.00 WT7354 EAST WT #1 FAB & REPAIR INT LADDER E 601-49400-400 Repairs & Maint Cont $1,800.00 WT7354 EAST WT #1 INTERIOR CLEANING E 601-49400-400 Repairs & Maint Cont $1,500.00 WT7354 WEST WT #3 INTERIOR CLEANING Total WATER TOWER CLEAN & COAT INC. $3,550.00 ')aid Chk# 047157 4/22/2009 WRIGHT COUNTY AUDITOR -TREASURE E 101-41400-310 Miscellaneous $791.14 2008 -TNT 2008 TRUTH IN TAXATION NOTICES E 101-42100-390 Contracted Services $68,133.33 PATROL -09-5 MAY SHERIF PATROL E 101-41400-390 Contracted Services $607.75 SA -2009 2009 SPEC ASSESSMENT CONT tal WRIGHT COUNTY AUDITOR -TREASURE $69,532.22 Paid Chk# 047158 4/22/2009 XCEL ENERGY��w� E 602-49450-322 Utilities $100.62 16935 56TH CT E 602-49450-322 Utilities $47.35 17388 52ND ST E 601-49400-322 Utilities $240.57 16575 61 ST - WT #3 E 601-49400-322 Utilities $82.37 5750 RANDOLPH - WELL #3 E 101-43160-322 Utilities $26.67 16501 53RD - 101/36 ST LIGHT E 101-43160-322 Utilities $19.85 16499 53RD - 101/36 SIGNAL E 602-49450-322 Utilities $3,005.79 5850 RANDOLPH E 101-43160-322 Utilities $213.01_ RIVERPOINTE LIGHTS Total XCEL ENERGY $3,736.23 10100 BANK OF ELK RIVER $148,507.74 Fund Summary 101 GENERAL FUND 203 PARK DEVELOPMENT 250 Comm. Dev. & Bldg Safety 601 WATER FUND 602 SEWER FUND 10100 BANK OF ELK RIVER $93,942.47 $578.85 $2,560.83 $18,919.50 $32,506.09 $148,507.74 Name 10100 BANK OF ELK RIVER Paid Chk# 047123 CITY OF ELK RIVER FILTER: None CITY OF OTSEGO *Check Summary Register© APRIL 2009 Check Date Check Amt 04/15/09 10:07 AM Page 1 4/15/2009 $123,785.00 2008 FIRE CONTRACT RECONCILIAT Total Checks $123,785.00 CITY OF OTSEGO 04/15/09 10:09 AM Page 1 *Check Detail Register© APRIL 2009 Check Amt Invoice Comment 10100 BANK OF ELK RIVER Paid Chk# 047123 4/15/2009 CITY OF ELK RIVER E 250-42410-135 Fire Inspection Services $29,019.00 200904010569 2009 FIRE INSPECTIONS E 210-42200-390 Contracted Services $131,120.00 200904010569 2009 FIRE CONTRACT E 210-42200-390 Contracted Services ($36,354.00) 2.00904010569 2008 FIRE CONTRACT RECONCILIATION Total CITY OF ELK RIVER $123,785.00 10100 BANK OF ELK RIVER $123,785.00 Fund Summary 10100 BANK OF ELK RIVER 210 ER Fire District $94,766.00 250 Comm. Dev. & Bldg Safety $29,019.00 $123,785.00 CITY OF OTSEGO 04/13/09 9:23 AM Page 1 *Check Summary Register© APRIL 2009 Name Check Date Check Amt 10100 BANK OF ELK RIVER Paid Chk# 047119 ALLIANCE BENEFIT GROUP 4/13/2009 $595.23 PPE 4/4/09 CH DTD 4/8/09 Paid Chk# 047120 ICMA RETIREMENT TRUST 4/13/2009 $648.22 PLAN #304185 Paid Chk# 047121 MARTIN BENEFIT ADMINISTRAT 4/13/2009 $54.50 APRIL FEE - FLEX Paid Chk# 047122 PUBLIC EMPLOYEES RETIREME 4/13/2009 $4,_672.05_#677600 PPE 4/4/09 Total Checks $5,970.00 FILTER: None CITY OF OTSEGO 04/13/09 9:24 AM Page 1 *Check Detail Register© APRIL 2009 Check Amt Invoice Comment 10100 BANK OF ELK RIVER Paid Chk# 047119 4/13/2009 ALLIANCE BENEFIT GROUP G 101-21706 Hospitalization/Medical Ins $595.23 PPE 4/4/09 CH DTD 4/8/09 Total ALLIANCE BENEFIT GROUP $595.23 Paid Chk# 047120 4/13/2009 ICMA RETIREMENT TRUST G 101-21705 Other Retirement $436.00 PPE 4/4/09 E 101-41400-121 PERA $212.22 PPE E 4/4/09 Total ICMA RETIREMENT TRUST $648.22 Paid Chk# 047121 4/13/2009 MARTIN BENEFIT ADMINISTRATORS E 101-41400-390 Contracted Services $54.50 16553 Total MARTIN BENEFIT ADMINISTRATORS $54.50 Paid Chk# 047122 4/13/2009 PUBLIC EMPLOYEES RETIREMENT FD E 602-49450-121 PERA $40.28 E 601-49400-121 PERA $40.28 E 250-42410-121 PERA $691.63 G 101-21704 PERA $2,198.60 E 101-43100-121 PERA $865.28 E 101-41600-121 PERA $448.41 E 101-41400-121 PERA $387.57 )tal PUBLIC EMPLOYEES RETIREMENT FD $4,672.05 10100 Fund Summary 101 GENERAL FUND 250 Comm. Dev. & Bldg Safety 601 WATER FUND 602 SEWER FUND BANK OF ELK RIVER $5,970.00 10100 BANK OF ELK RIVER $5,197.81 $691.63 $40.28 $40.28 $5,970.00 PLAN #304185 PLAN #304185 APRIL FEE - FLEX #677600 PPE 4/4/09 #677600 PPE 4/4/09 #677600 PPE 4/4/09 #677600 PPE 4/4/09 #677600 PPE 4/4/09 #677600 PPE 4/4/09 #677600 PPE 4/4/09 ITEM 5_2 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht, AICP DATE: 21 April 2009 RE: Otsego — Property Maintenance Ordinance NAC FILE: 176.08 — 08.09 The City Council reviewed proposed amendments to Chapter 5, Section 7 of the City Code related to property maintenance at their meeting on 23 March 2009. Based on this discussion by the City Council, the following changes have been made: ■ Section 5-7-3 of the proposed ordinance has been revised to state that irrigation is required "where necessary" to maintain turf grass, etc and also to require irrigation for townhouse and multiple family developments consistent with current practice. Sites planted with low water seed or plantings would not be required to place in -ground irrigation. ■ Section 5-7-3.D has been revised to provide additional clearance specifications for trees planted in the public right-of-way. ■ Section 5-7-3.F.5 has been expanded to more specifically state an exemption from these requirements for City of Otsego properties on the basis that the City Council is responsible for the maintenance of the property in the City's best interest. ■ The definition of boulevard has been revised to address both urban and rural section streets. ■ The provisions regarding boulevard plantings have been clarified to apply to new plantings installed after adoption of the proposed ordinance, although the City may remove any plant from the right-of-way at any time. ■ The need for a permit for a natural landscaping yard has been limited to urban lots where the potential for impacts to adjacent properties are most likely to occur. City staff recommends approval of Ordinance 2009-03 in the form attached hereto. The City Council will review the revised amendment at their meeting on 27 April 2009. C. Mike Robertson, City Administrator Tami Loff, City Clerk Sandy Lindenfelser, Special Licensing Brad Belair, Public Works Supervisor Andy MacArthur, City Attorney Ron Wagner, City Engineer 2 ORDINANCE NO.: 2009-03 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING CITY CODE OF THE CITY OF OTSEGO REGARDING PROPERTY MAINTENANCE. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 5-7-1 of the Otsego City Code is hereby amended to read as follows: 5-7-1: DEFINITIONS: The following terms shall be defined as follows for the purposes of this Section: A. Boulevard: Rural Streets: The public right-of-way lying between the outside line of the area maintained by the City for roadway purposes by right-of-way or prescriptive easement and the edge of the paved or unpaved roadway surface, including shoulders. 2. Urban Streets: The public right-of-way lying between the property line and sidewalk, and between the sidewalk and the roadway, or where no sidewalk exists, between the property line and the roadway. B. Current Service. One or more of the following: snow, ice or rubbish removal from sidewalks; weed elimination from street grass plots adjacent to sidewalks or from private property; removal or elimination of public health or safety hazards from private property, excluding any hazardous building included in Minnesota Statutes, Section 463.15 to 463.26; installation or repair of water service lines; street sprinkling, street flushing, light street oiling, or other dust treatments of streets, repair of sidewalks and alleys; trimming and care of trees and removal of unsound and insect -infected streets from the public streets or private property the operation of a street lighting system, the operation and maintenance of a fire protection system or pedestrian skyway system. C. Natural Landscaping. Any land managed to preserve or restore native Minnesota grasses, forbs, native trees, shrubs, wildflowers and aquatic plants. D. Natural Landscaping Permit. A permit issued by the City pursuant to this Section allowing an owner or occupant to cultivate native Minnesota grasses, forbs, native trees, shrubs, wildflowers and aquatic plants upon his/her property, subject to the restrictions of this Section. E. Natural Landscaping Maintenance Plan. A document submitted with an application for a Natural Landscaping Permit demonstrating a precise course of maintenance for numerous individual plants in a landscape over months and seasons. F. Noxious Weed. An annual, biennial or perennial plant that the State of Minnesota designates to be injurious to public health, the environment, public roads, crops, livestock or other property. G. Undesirable Plant. A non -noxious species that is classified as exotic, invasive, injurious or poisonous including but not limited to, broadleaf and grass weeds. H. Turf Grass. Cultivated vegetation consisting of a highly maintained surface of dense grass underlain by a thick root system. Section 2. Section 5-7-3 of the Otsego City Code is hereby amended to read as follows: 5-7-3: YARD AND BOULEVARD MAINTENANCE A. Purpose. The purpose of this Section is to establish minimum standards for lawn and yard maintenance while recognizing that a variety of landscapes within a community adds diversity and richness to the quality of life for all residents. Turf grass lawns continue to be recognized as the dominant feature in the landscape; however, alternatives to this traditional type of lawn are recognized as important parts of a diverse and successful landscape. B. General Requirements. The owner or occupant of any lot or parcel shall install and maintain turf grass or combined ground cover of cultivated vegetation, garden, hedges, trees and shrubbery. All plants shall be alive, of good quality, and disease free or shall be replaced or removed unless dormant due to season or exceptional weather conditions. 2. Plantings shall be maintained so as not to present hazards to adjoining properties or to persons or vehicles traveling on public ways and shall be maintained so as to enhance the appearance of the property on which located and thereby the appearance of the neighborhood and the City. 3. The owners or occupant of any lot or parcel shall be responsible for lawns and the boulevard portion of the public right-of-way to be maintained to a height not to exceed eight (8) inches. 4. Irrigation: a. Properties within agricultural and residential zoning districts established by Section 20-50-1 of the Zoning Ordinance developed after [EFFECTIVE DATE] with two family, townhouse or multiple family dwelling units or institutional uses shall provide an exterior in ground irrigation system within the property and the boulevard portion of the public right-of-way abutting the property where necessary to ensure that all turf grass, ground cover of cultivated vegetation, garden, hedges, trees and shrubbery maintenance can be accomplished. b. Properties within business, industrial and institutional districts established by Section 20-50-1 of the Zoning Ordinance developed after [EFFECTIVE DATE] shall provide an exterior in ground irrigation system within the property and the boulevard portion of the public right-of-way abutting the property where necessary to ensure that all turf grass, ground cover of cultivated vegetation, garden, hedges, trees and shrubbery maintenance can be accomplished. C. Plants Prohibited. The owners and occupants of all property within the City shall destroy all of the following plants listed on the prohibited noxious weeds list established by Minnesota State Statue, Chapter 18, Sections 18.75 — 18.88 and Minnesota Rules, parts 1505.0730 — 1505.0760, which include the following: a. Garlic Mustard, Alliaria petiolate Hemp, Cannabis sativa C. Bull Thistle, Cirsium vulgare d. Musk Thistle, Carduus nutans e. Plumeless Thistle, Carduus acanthoides Canada Thistle, Cirsium arvense g. Field Bindweed, Convolvulus arvensis h. Leafy Spurge, Euphorbia esula Perennial Sowthistle, Sonchus arvensis Poison Ivy, Toxicondendron radicans* k. Purple Loosestrife, Lythrum salicaria, virgatum * Native species to Minnesota. 2. Any property subject to Section 5-7-3.13 of this Section containing dead or diseased plants, secondary noxious weeds as established by Minnesota Rule 1505.0740, or undesirable plants or turf grass growing to a height in excess of eight (8) inches shall be in violation of the provisions of this Section and deemed a nuisance. D. Boulevard Plantings. A property owner in the City shall be permitted to plant and maintain trees and gardens on the boulevards abutting their property along local streets defined by the Comprehensive Plan. 2. No boulevard shall be planted without written documentation that the property owner has contacted "Gopher State One Call" to determine location of sewer and water mains, laterals and service and other underground utility lines forty-eight (48) hours before digging. 3. Trees installed after April 27, 2009: a. Trees shall be deciduous of the type authorized by Section 20-16-7 of the Zoning Ordinance. b. Tree shall not be planted within ten (10) feet of any sewer or water line or driveway or within two (2) feet of any gas, electric or telephone lines underground. C. Trees shall be planted a minimum of three (3) feet from the back of curb or edge of shoulder of a public street. d. Tree limbs shall be maintained to provide a minimum fourteen (14) feet of clearance for the nearest vehicle lane on a public street and eight (8) feet of clearance along public sidewalks. 4. Plantings other than trees allowed by Section 5-7-3.D.3 of this Section installed after April 27, 2009: a. Plantings may include flowers, vegetables and other plants, but in no event shall any noxious weed be planted or maintained. Is b. Plantings may not exceed thirty-six (36) inches in height. Plantings within thirty (30) feet of any intersection (as measured from the property line) or within) twenty (20) feet of any alley, or driveway approach (as measured from the end of the radius, or within five (5) feet of a public utility fixture or street curb may not exceed twelve (12) inches in height. C. Plantings shall be limited to twelve (12) inches in height within ten (10) feet of the curb on street sections that do not have parking lanes, or along on street sections where "no parking" restrictions of any kind apply. 5. Plantings must be maintained in such a way that there is no overhang or encroachment onto the sidewalk, curb or street area. 6. Notwithstanding the foregoing, all boulevards remain public property and are subject to the right of the City to restrict any plantings and/or private irrigation systems that are deemed to interfere with the use of the public right-of-way as determined necessary by the City or which affects the safety of pedestrians and motorists alike: a. The City and other right-of-way users allowed by Chapter 6, Section 6 of the City Code shall have the right to perform necessary work to plant, trim and otherwise maintain trees, to access utilities and to store excess snow. b. In the event the City or other right-of-way user interferes with boulevard plantings or private irrigation in the course of such work, they shall be responsible only to restore the boulevard to the original grassy state by use of black dirt and grass seed. C. In no event shall the City or other right-of-way user be liable for any damage to, disruption of or removal of plantings, either direct or indirect, as a result of the City, its employees, agents or contractors performing any installation, maintenance or repairs. E. Natural Landscaping. Any owner or occupant of a lot or parcel within the R -4A, R-4, R-5, R-6, R-7 or R -MH Districts established by the Zoning Ordinance that is subject Section 5-7-3.B of this Section desiring natural landscaping as defined by this Section may apply for a natural landscaping permit, where native grasses and forbs may exceed eight (8) inches in height, subject to the review and approval by the Zoning Administrator, provided that: An application for a natural landscaping permit shall be submitted on the form provided by the City and shall include the required application fee established by Section 2-4-2 of the City Code and the following information: a. Statement of intent and purpose in cultivating natural landscaping. A site plan drawn to scale illustrating the following information: Lot lines. 2. Location of principal and accessory buildings. 3. Any drainage and utilities easements upon the property. 4. Boundaries of wetlands, wetland buffers, required buffer yards, stormwater basins, drainageways or public waters within the property. 5. Location of the proposed natural landscaping. C. Latin and common names of the species the property owner or occupant plans to cultivate. d. Name and address of a Professional Landscaping Company which has been hired to perform maintenance on the natural landscaping; or the name, address, and qualifications of the person(s) who will be responsible for maintenance of the natural landscaping. e. A maintenance plan, which shall contain the following: Planting diagram showing the location and mature height of all specimens of natural landscaping; and, 2. Detailed information on the upkeep of each specimen; and, 3. Details of any long-term maintenance required for natural landscaping. Other information as may be required by the Zoning Administrator. 2. Maintenance of Setbacks and Drainage Swales. a. Natural landscaping shall be setback ten (10) feet from any lot line abutting a public right-of-way and five (5) feet from interior side and rear lot lines. b. All stormwater basins and drainage swales shall be free of plantings and maintained in accordance with Section 5-7-3.13 of this Section. C. In addition, a five (5) percent area exclusive of the setback area shall be left open for maintained paths. M 3. Review and Approval. a. The Zoning Administrator shall review the natural landscaping permit list of all registered natural landscaping properties within thirty (30) days of the submittal and notify in writing the owner of occupant of any noncompliance of this subsection. The Zoning Administrator shall approve no natural landscaping for any owner or occupant having unresolved City code violations or administrative citations. 4. Revocation. a. The Zoning Administrator shall regularly inspect any property holding a natural landscaping permit for compliance with the maintenance plan on file with the City. b. For any property out of compliance with the maintenance plan shall be subject to enforcement action as provided for Section 5-7-3.G of this Section. F. Composting. Composting shall be allowed on agricultural properties, properties where there is a single family detached dwelling or on property owned or operated by the City as an essential service in conformance with the following standards: Permitted Composting Materials. Only yard waste, straw, fruit, vegetable scraps, coffee grounds or egg shells generated on the site are permitted composting materials as well as commercially available ingredients specifically designed to speed up or enhance decomposition and can be placed in the composting structure. 2. Prohibited Composting Materials. The following materials shall not be placed in the composting structure: woody yard waste, meat, bones, fat oils, whole eggs, dairy products, unshredded branches or logs, weeds heavily loaded with seeds, plastics, synthetic fibers, human or pet wastes, diseased plants, or any other garbage or refuse except those permitted in Section 5-7-35.1 of this Section. 3. Composting Structure. All composting materials shall be contained in a structure constructed of wood, wire mesh, a combination of wood and wire or in commercially fabricated compost bins design to contain composting materials subject to the following: a. One (1) composting structure shall be allowed per lot. b. Composting structures shall not exceed a total of three hundred (300) cubic feet in volume. IIJ C. Location: The composting structure shall be located in the rear yard of the property as defined by the Zoning Ordinance 2. The composting structure shall comply with setbacks applicable to the property for accessory structures established by the Zoning Ordinance. 3. The composting structure shall be a minimum of forty (40) feet from any habitable building on abutting properties. 4. Maintenance. Standard compost management shall be used to enhance rapid biological degradation of the material to prevent combustion and objectionable odors, including aeration, adding moisture and providing a balance of composting materials. 5. The compositing or operation of composting structure in a manner that not compliant with the provisions of this section or that results in objectionable odors shall be a public nuisance and a violation of this Section. G. Exceptions: Fence lines and open pastures within agricultural zoning districts defined by Section 20-50-1 of the Zoning Ordinance or other properties being actively farmed shall be exempt from the provisions of Section 5-7-3.B.1.b of this Chapter. 2. Outlots platted with in subdivisions zoned R -C, Residential Rural Cluster Open Space District and designated as permanent open space in accordance with Section 20-60-7 of the Zoning Ordinance shall be exempt from the provisions of Section 5-7-3.B.1.b of this Chapter. 3. Outlots and Undeveloped Parcels. a. The outlot or undeveloped parcel(s) shall be planted with a seed mixture approved by the Zoning Administrator and maintained to prevent growth of noxious weeds prohibited by Section 5-3-7.C.1 of this Section. b. For an outlot or undeveloped parcel(s) consisting of: A contiguous tract of less than one (1) acre shall be more shall be exempt from Section 5-7-3.B.1.b of this Chapter and shall maintained to a height not to exceed twelve (12) inches provided that a physical barrier exists to separate the parcel from adjacent properties. 2. A contiguous tract of one (1) acre or more shall be exempt from Section 5-7-3.B.1.b of this Chapter if a physical barrier exists to separate the parcel from adjacent properties. 3. A transition strip of land measuring ten (10) feet on that property that is maintained in compliance with Section 5-7- 3.13.1 of this Chapter is required next to the abutting properties if a physical barrier separating the properties does not exist. C. For the purposes of this Section, a physical barrier shall meet one of the following criteria: The properties are separated by a public right-of-way, wetland, water body, floodplain, public open space, park or other such similar publicly reserved and development restricted area with a minimum width of thirty (30) feet across its entire length. 2. The abutting land use is a nonresidential use allowed in the district in which it is located. 4. Any privately or publicly owned land encumbered by a stormwater basin, drainageway, wetland, wetland buffer or public water shall be exempt from Section 5-7-3.13 of this Section. 5. Parks, natural areas and other properties owned by the City of Otsego shall be exempt from this Section. 6. Public rights-of-way maintained by the State, County or City shall be exempt from Section 5-3-7.13 of this Section. 7. Natural Landscaping approved in accordance with Section 5-7-3.E of this Section. H. Enforcement: On or before June 1 of each year and at such other times as ordered by resolution by the City Council, the City Clerk shall publish once in the official newspaper a notice directing owners and occupants of property within the City to destroy all plantings declared by Section 5-7-3.C. of this Section to be a nuisance and stating that if not destroyed within ten (10) days after publication of the notice, the City may act to abate the nuisance. 2. If the owner or occupant of any property in the City fails to comply with an Administrative Notice issued in accordance with Section 2-5-3 of the City Code for a property maintenance violation of this Section within ten (10) 9 days after its publication, the Zoning Administrator shall order cutting and/or removal of such weeds and maintain a record showing the cost of such work attributable to each separate lot and parcel and shall deliver such information to the City Clerk. Section 3. Section 5-7-12 of the Otsego City Code is hereby amended to read as follows: 5-7-12: PENALTY: A. Any person who maintains a nuisance in violation of the provisions of this Section and any person who interferes with a City employee or other authorized person in the performance of any current service under this Section is guilty of a misdemeanor and shall be punished pursuant to applicable State Statute regarding misdemeanor penalties, as amended, plus the costs of prosecution. B. The City may, in its discretion, seek any administrative or civil remedies available to it as well, including administrative fines, injunctive relief or abatement. Each right or remedy accruing to the City under this ordinance or at law is separate and distinct and may, in the City's discretion, be exercised independently or simultaneously with any other right or remedy. Section 4. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the Otsego City Council this 27th day of April, 2009. CITY OF OTSEGO BY: Jessica Stockamp, Mayor 10 ATTEST: Tami Loff, City Clerk 11 619P►,I►TT_L'i�eT:77MLTkLa:1ki[0 1. 1 c CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING CITY CODE OF THE CITY OF OTSEGO REGARDING PROPERTY MAINTENANCE. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 5-7-1 of the Otsego City Code is hereby amended to read as follows: 5-7-1: DEFINITIONS: The following terms shall be defined as follows for the purposes of this Section: A. Boulevard. B. Current Service C. Natural Landscaping. D. Natural Landscaping Permit. E. Natural Landscaping Maintenance Plan. F. Noxious Weed G. Undesirable Plant H. Turf Grass. Section 2. Section 5-7-3 of the Otsego City Code is hereby amended to read as follows: 5-7-3: YARD AND BOULEVARD MAINTENANCE A. Purpose. B. General Requirements. C. Plants Prohibited. D. Boulevard Plantings. E. Natural Landscaping. F. Composting. G. Exceptions: H. Enforcement: Section 3. Section 5-7-12 of the Otsego City Code is hereby amended to read as follows: 5-7-12: PENALTY. Section 4. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the Otsego City Council this 27th day of April, 2009. CITY OF OTSEGO BY: Jessica Stockamp, Mayor ATTEST: Tami Loff, City Clerk Pursuant to Minnesota Statutes 412.191, Subd. 4 and 331A.01, subd.10, this Ordinance is published in summary form. Complete copies of the ordinance are available for inspection by contacting the Zoning Administrator/City Clerk, Otsego City Hall, 8899 Nashua Avenue, Otsego, Minnesota 55330 during regular office hours. 2 ITEM 5-3 RESOLUTION 09-09 TO INCLUDE MUNICIPAL BOUNDARIES AS PART OF THE WRIGHT COUNTY MULTI -JURISDICTIONAL HAZARD MITIGATION PLAN WHEREAS, the City of Otsego, Minnesota, understands the need to develop a multi - jurisdictional hazard mitigation plan in order for the City to comprehend its vulnerability to natural and man-made hazards, and the actions needed to reduce or eliminate those risks. WHEREAS, the City of Otsego, Minnesota realizes the development of such a plan is vital to the protection, health, safety and welfare of its citizens as well as its visitors. WHEREAS, the City of Otsego, Minnesota, understands that in order for the City to receive mitigation funding from the Federal Emergency Management Agency (FEMA), it must have a mitigation plan in place at the time of submitting a proposal. NOW THEREFORE, BE IT RESOLVED BY THE CITY OF OTSEGO, MINNESOTA, THAT THE CITY WILL WORK WITH WRIGHT COUNTY TO INCLUDE ITS MUNICIPAL BOUNDARIES AS PART OF THE WRIGHT COUNTY'S MULTI -JURISDICTIONAL HAZARD MITIGATION PLAN. PASSED AND ADOPTED, this the day of , 2009 by the Mayor and Governing Board of Otsego, Minnesota, assembled in regular session. BY: MAYOR ATTESTED: BY: ITEM 5_4 Otsego Police Commission Minutes March 10, 2009 PRESENT: Jeff Stimac, Jessica Stockamp, Jane Theisen, Paul Fields, Denise Andrusko, Linda Lewis, John Hinnankamp, Rob VanDenBerg, Joel Torkelson. Meeting called to order at 6:32 p.m. ADGENDA - approved Minutes from Jan 13 — approved OPEN FORUM: City street signs and resident's cars are being vandalized with eggs. First reported approx 1 month ago, and multiple times since. Consider advertising for a reward of possibly $500 in the Star News if it continues. Snowmobiles riding on boulevards on 85th is continuing issue. The Snowmobile Club's policy is to accept resident's complaint calls involving land usage, right of ways, trail locations and hours of operation. The club will make every effort to rectify these problems, but if there is real, monetary damage to personal property this must be reported to local police. What is the ordinance on small (kid sized) motor -bikes? Basically you are allowed to ride in your yard, you are not allowed on any road. OLD BUSINESS: Road Clean up Paul submitted a list of costs to begin this program. The Girl Scouts would like 78t`. Hawkinson/Anderson would like Queens. Otsego Rod & Custom would like a road also. The commission agrees there is enough local interest to present the local Road Clean Up program to the City Council for approval and funding. Need to address safety alert sheets, trash pick up coordination. Also suggest volunteers provide their own gloves to help lower costs. Will promote on Otsego website and Otsego View. Easter Event — April 4. Will we do McGruff coloring contest? Rob will edit coloring page — need to add space for name, age, phone #, city. Prizes will be bike safety equipment — Jeff will obtain. Thursday April 23 is deadline to drop off all prizes. City Council comments: Opening new Doggy Day Care in old Precision Motorsports space. City Council Meeting assignments March 23 - Paul April 13 - John Next metting April 14. Meeting adjourned 7:57 p.m. ITEM 5-5 OTSEGO PARKS AND RECREATION COMMISSION MEETING OTSEGO CITY HALL MARCH 11, 2009 7:00 PM 1. Call to Order. Chair Kumar called the meeting to order at 7: 03 PM. Roll call: Chair Beverly Kumar and Commissioners Krista Bean, Susan Krekelberg, Mike Brumm and Peter Torresani. Absent: Rose Cassady and Kathy Roberts. Council: Mayor Jessica Stockamp. Staff: Brad Belair, Public Works Supervisor; Tami Loff, Deputy Clerk and Barb Williams, Permit Tech and web designer. 2. Consider agenda approval. Chair Kumar requested to add item 7.1 Adopt -a -River. Commissioner Bean motioned to approve agenda as amended. Seconded by Commissioner Torresani. All in favor. Motion carried. 3. Consider the following minutes: 3.1. February 11, 2009 Regular Meeting Minutes. Brad Belair would like to correct item 6.1. regarding the purchase of recycle bins should say up to $1500 total instead of $150 on seven to nine. Commissioner Krekelberg motioned to approve minutes as amended. Seconded by Chair Kumar. All in favor. Motion carried. 4. Open Forum: No one was present. 5. Unfinished Business. 5.1 Park and Recreation Web Site Content. Commissioners reviewed the current website with Barb Williams the website designer. Barb said anything that they would like on the site just send items to her items. Chair Kumar suggested setting up a work session after the next meeting to go over ideas. 5.2. Adopt -a -Park Program. Brad reviewed the updates. Commissioner Bean asked about specific requirements. On page 3 item b 1 and 2 are those things that they are required to do? Brad said that would have to be reviewed for each case. He said that just picking up trash is not adopting a park and that they will have to report the work they have done. Commissioner Krekelberg said after doing some research she would like commissioners to consider a different name. She said had concern with Adopt -a -Park. Commissioners agreed to review. Chair Kumar asked about page 1 item a 2. States person must be ten years or older to participate. She feels that people with younger children may want to participate. Brad said originally it was 18 years old. It could be changed to under the age of 18 as long as they are supervised. Commissioner Krekelberg motioned to approve as amended. Seconded by Commissioner Bean. All in favor. Motion carried. Commissioner Torresani motioned to approve the Woman of Today with new policy and new application. Seconded by Chair Kumar. All in favor. Motion carried. Brad will set a work session with the Woman of Today to review. 6. Public Works Update. Brad updated that there are 9 Easter event signs posted and they are about 30" square. Brad said that the soccer fields in Prairie Park should be available for play. Commissioner Torresani asked about irrigation on those fields. Brad said there is a four inch main by the pavilion that they can tap into. Commissioners said they would like the total number of people that use the all fields at the end of the season. Mayor Stockamp said she would contact each program. 7. New Business. 7.1. Adopt -a -River. Commission discussed Adopt -a -River. Commission would like to put a link on Park and Rec section of website linking to the MN DNR. Brad will get information. 8. Other. Chair Kumar asked if the city has received invoice yet from District 728. Mayor Stockamp said that we have not. 9. Update on City Council actions by Mayor Stockamp. Mayor Stockamp updated the Commissioners. 10. Adjourn by 10 PM. Commissioner Torresani motioned to adjourn. Seconded by Commissioner Krekelberg. All in favor. Motion carried. Adjourned at 8:43 PM. Written by: Tami Loff, Deputy Clerk. ITEM 8_1 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 plan nersL)nacplanning.corn MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht, AICP DATE: 21 April 2009 RE: Otsego — City Code; Pawn Shops NAC FILE: 176.08 — 08.03 BACKGROUND The City Council has directed the Police Commission and Planning Commission to consider regulations for the operation and location of pawn shops and second hand goods dealers within the City. The primary concern with these types of uses is that there is the potential for the business to be used to transfer stolen property and at the same time encouraging theft crimes in the area of the business. Therefore, the purpose of these regulations is to ensure that the business activities of these uses are conducted in a lawful manner in locations compatible with surrounding land uses. The City Council at their meeting on 14 April 2008 adopted a 12 month moratorium on the establishment of pawn shop uses within the City to allow the Police Commission and Planning Commission to review the issue and make recommendations. A public hearing to consider a proposed amendment to the City Code has been noticed for 5 June 2008. Exhibits: A. Draft City Code Amendment ANALYSIS Regulatory Concepts. The regulation of pawn shops and second hand goods dealers occurs through three possible types of control. The first and primary type of control is business licensing. This form of regulation focused upon the operation as well as the operator. The general intent of business licensing is to insure a lack of access by minors as well as lessening the potential for criminal activity. The second type of control is zoning, which addresses the physical location of pawn shop and second hand good dealer business operations. Existing Regulations. The City currently does not have a business licensing requirement for pawn shops or second hand goods dealers in the City Code. Pawn shops and second hand dealers are also not a specifically defined use within the Zoning Ordinance except for antique shops listed as a permitted use in the B-3, General Business District. Proposed Business Licensing. The draft City Code amendment attached hereto include provisions establishing a business licensing and operational requirements for pawn shops and second hand goods dealers as Chapter 7, Section 12 of the City Code. The proposed City Code section would create a process for application and consideration of licenses for pawnbrokers and second hand dealers, including investigation of the applicant by the Wright County Sheriff's office. Most importantly require procedures for the handling of property brought into the business including identification of the person providing the property, identification of the property and daily reporting of business transactions to the Sheriff's Department. The draft City Code amendment makes provisions for an annual licensing fee, application investigation fee and transaction reporting fee as these would be additional services the City would need to contract with the Sheriff's Department for. Proposed Zoning Regulations. The draft City Code amendment also includes amendments to the Zoning Ordinance to address the location of pawn shops and second hand goods dealers within the City. The first element of this is to include a definition of the use to be able to distinguish it from other uses allowed in the various zoning districts. The second element of the Zoning Ordinance provisions is determining an appropriate location for pawn shop and second hand good dealers. The primary compatibility issue related to pawn shops and second hand goods dealers is proximity to residential areas. This concern exists for two reasons: the potential to encourage theft crimes and second the unique operational characteristics of goods being brought into the business and taken out at varying and irregular times. In consideration of these two issues, the appropriate zoning district for such a use would be a business district with a more regional orientation. The Zoning Ordinance establishes three business districts that allow for a range of retail and service type uses: B-1 Neighborhood Business District: The purpose of the B-1 District is to provide for limited office, retail or service outlets dealing primarily with local patrons at locations integrated with residential neighborhoods 2 B-2 Highway Commercial District: The purpose of the B-2 District is to allow for high intensity retail and service uses oriented to or dependent upon motor vehicle traffic that are typically oriented more towards regional markets than local patrons. ■ B-3 General Commercial District. The B-3 District has the most broadly constituted range of allowed retail, service and office uses intended to be designated within the City's primary commercial areas and balanced in terms of local and regional market needs. Based on the intent and purpose of the three business zoning districts established by the Zoning Ordinance, our office would recommend allowing pawn shops and second hand goods dealers as a permitted use in the B-2 District given the less local orientation of the uses allowed within that District. Allowing the use as permitted versus a conditional use will avoid the need for a public hearing held at the Planning Commission which would be redundant of the one required to be held by the City Council for the proposed business license. Holding a public hearing as part of the business licensing process is also preferable as the City has greater discretion as part of the business license to approve or deny an application or impose conditions related to the operation of the use in contrast to the more specifically defined criteria of the zoning process. We would note that there are currently no lands within the City zoned B-2 District. However, any person with an interest in property within he City may make an application for a rezoning to be evaluated based upon (but not limited to) the criteria established by Section 20-3-2.F of the Zoning Ordinance. The City Council may direct the Planning Commission to initiate this Zoning Ordinance amendment in adopting the proposed City Code regulations. Police Commission Review. The Police Commission reviewed the draft ordinance amendment regarding pawn shops at their meeting on 13 May 2008. The Police Commission stated that it was a good idea to have these regulations in place before a pawn shop or second hand goods user looks to locate within the City. The Police Commission voted 4-0 to recommend approval of the proposed regulations. RECOMMENDATION City staff recommends approval of an ordinance amending the City Code to establish regulations on the operation of pawn shops and second hand goods businesses within the City. We also recommend that the City Council direct the Planning Commission to initiate an amendment of the Zoning Ordinance to allow pawn shops and second hand goods dealers only within the B-2 District. POSSIBLE ACTIONS A. Motion to approve of Ordinance 2009-04 establishing regulations on the operation of pawn shops within the City. B. Motion to not approve the proposed ordinance amending the City Code. C. Motion to table. C. Mike Robertson, City Administrator Tami Loff, City Clerk Sandy Lindenfelser, Special Licensing Andy MacArthur, City Attorney S ORDINANCE NO.: 09-04 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF OTSEGO TO PROVIDE FOR BUSINESS LICENSING AND ZONING REGULATIONS SPECIFIC TO PAWN SHOP AND SECOND HAND GOODS BUSINESSES. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 2-4-2.A of the City Code (Fee Schedule — Licenses) is hereby amended to include the following provisions: 6. Pawnbrokers, precious metals dealers and/or Second hand goods dealers: a. Annual License: Investigation Fee: Reportable Transaction Fee: C. Daily Reporting Penalty: $200.00 $200.00 + costs Incurred $50.00/transaction $50.00/day Section 2. Chapter 7 of the Otsego City Code (Businesses and Licenses) is hereby amended to include the following Section: SECTION 7 PAWN AND SECOND HAND GOODS BUSINESSES Section: 7-12-1 Purpose 7-12-2 Definitions 7-12-3 Statutory Authority 7-12-4 License Required 7-12-5 Exceptions to License Requirement 7-12-6 Persons Ineligible for License 7-12-7 Business at Only One Place 7-12-8 License Fees 7-12-9 License Application 7-12-10 Bond Required 7-12-11 Records Required 7-12-12 Daily Reports to Sheriff's Department 7-12-13 Receipt Required 7-12-14 Redemption Period 7-12-14 Holding Period 7-12-15 Law Enforcement Order to Hold Property 7-12-16 Inspection of Items 7-12-17 Label Required 7-12-18 Prohibited Acts 7-12-19 Hours of Operation 7-12-20 Required Notices 7-12-21 Denial, Suspension or Revocation 7-12-22 Separability 7-12-1: PURPOSE: The City Counci I finds that use of services provided by pawnbrokers provides an opportunity for the commission of crimes and their concealment because pawn businesses have the ability to receive and transfer property stolen by others easily and quickly. The City Council also finds that consumer protection regulation is warranted in transactions involving pawnbrokers. The C ity Council further finds that the pawn industry has outgrown the City's current ability to effectively or efficiently identify criminal activity related to pawn shops. 2. The purpose of this chapter is to prevent pawn businesses from being used as facilities for the commission of crimes, and to assure that such businesses com ply with basic consumer protection standards, there by protecting the public health, s afety, and general welfare of the citizens of the City. This chapter also establishes the required use of the automated pawn system (APS) to allow the Sheriff's Department better regulate current and future pawn businesses, decrease and stabil ize costs associated with the regulation of the pawn industry, and increase identification of crim inal activities in the pawn industry through the timely collection and sharing of pawn transaction information,. 7-12-2: DEFINITIONS: When used in this Section, the following words shall mean: Billable transaction. Every reportable transaction conducted by a pawnbroker except renewals, redemptions or extensions of existing pawns on items previously reported and continuously in the licensee's possession is a billable transaction. Licensing Authority. The City of Otsego. Licensee. The person, partnership, association or corporation to who a license is issued under this Section, including any agents or employees of the person, partnership, association or corporation. Minor. Any person under 18 years of age Pawnbroker. Any natural person, partnership or corporation, either as principal, or agent or employee thereof, who loans money on deposit or pledge of personal property, or other valuable thing, or who deals in the purchasing of personal property, or other valuable thing on condition of selling the same back again at a stipulated price, or who loans money secured by chattel mortgage on personal property, taking possession of the property or any part thereof so mortgaged. To the extent that a pawnbroker's business includes buying personal prop erty previously used, rented or leased, or selling it on consignment, the provisions of this chapter shall be applicable. Pawnshop. The location at which or premi ses in which a pawnbroker reg ularly conducts business. Person. An individual; a partnership, including a limited partnership; a corporation including a foreign, domestic or nonprofit corporation; a tru st; a political subdivision of the state; or any other business organization. Precious metal dealer. Any person engaged in the business of buying coi ns or second hand items containing precious metal, including but not limited to, jewelry, watches, eati ng utensils, candlesticks, and religious and decorative obj ects. Reportable transaction. Every transaction conducted by a pawnbroker in which merchandise is received through a pawn, purchase, consignment or trade, or in which a pawn is renewed, extended or redeemed, or for which a unique transaction num ber or identifier is generated by their point-of-sale software, is reportable except: A. The bulk purchase or consignment of new or used merchandise from a merchant, manufacturer or wholesaler having an established permanent place of business, and the retail sale of said merchandise, provided the pawnbroker must maintain a record of such purchase or consignment which describes each item, and must mark each item in a manner which relates it to that transaction record. B. Retail and wholesale sales of merchandise originally received by pawn or purchase, and for which all applicable hold and/or redemption periods have expired. Second hand dealer. A person, partnership, firm or corporation whose regular business includes selling or receiving tangible personal pr operty (excluding motor vehicles) previously used, rented, owned, or leased. The term second hand dealer shall i nclude pawnbroker and antique shops. Sheriff's Department. The Wright County Sheriff's Department. 7-12-3: STAUTORY AUTHORITY: This Section is adopted pursuant to the authorization provided for by Minnesota Statues § 325J.02. 7-12-4: LICENSE REQUIRED: A. No person shall engage in the business of pawnbroker at any location wit hout a pawnbroker license for that location. No pawnbroker license may be transferred to a different location or a different person; Any change, directly or ben eficially, in the ownership of any licensed pawnshop shall require the application for a new license and the new owner must satisfy all current eligibility requirements. Issuance of a license under this Section shall not relieve the licensee from obtaining any other licenses required to conduct business at the same or any other location. B. All licenses issued under this Section shall be effective from the date of approval by the City Council and shall expire on December 31 of each yea r. C. A license issued under this Section shall be posted in a conspicuous place within the licensed premises. D. A licensee under this S ection shall be responsibl e for the conduct of the business being operated and shall maintain conditions of order. The conduct of agents or em ployees of a licensee engaged in the performance of duti es for the licensee shall be deemed the conduct of the licensee. E. It shall be unlawful for any person who owns or contro Is real property to knowingly permit it to be used for pawn brokering without a license required by this Section. 7-12-5: EXCEPTIONS TO LICENSE REQUIREMENT: A. The following transactions shall not require a precious metal dealers license: 1. Transactions at occasional "garage" or "yard" sales, or estate sales or auctions held at the decedent's residence, except that precious metal dealers must comply with the requirements of M innesota Statutes § 325F.73 to 325F.744 for these transactions. 2. Transactions regulated by Minnesota Statutes § 80A. 3. Transactions regulated by the Federal Com modity Futures Commission Act. 4. Transactions involving the purchase of precious metal grindings, filings, slag, sweeps, scraps or dust from an industrial manufacturer, dental lab, dentist or agent thereof. 5. Transactions involving the purchase of photographic fil m such as lithographic and x-ray film or silver residue or flake covered in lithographic and x-ray film processing. 6. Transactions involving coins or bullion in ingots. 7. Transactions in which the second hand item containing precious metal is exchanged for a new item containing precious metal and the value of the new item exceeds the value of the second h and item. 0 8. Transactions between precious m etal dealers if both dealers are licensed under Minnesota Statutes § 325F.733, or if the seller's business is located outside of the state and the item is shipped from outside the state to a dealer licensed under Minnesota Statutes § 325F.733. 9. Resale transactions by an antique dealer of second hand items containing precious metal if the items are resold at retail in an unaltered condition except for repair, and the antique dealer paid less than $2,500.00 for all second hand item s containing precious metals purchased by said antique dealer within any 12 consecutive month period. B. The following transactions shall not require a second hand dealer's li cense: The sale of second hand good s where all of the following are present: a. The sale is held on property occupied as a residential dwelling by the seller or owned, rented or leased by a charitable or politic al organization. b. The items offered for sale are owned by the occupan t. C. That no sale exceeds a period of 72 consecutive hours. d. That no more than two sales are held in any 12 consecutive m onth period at any residential dwelling. e. That none of the items offered for sale have been purchased for resale or received on consignment for purpose of resale. 2. The sale of goods at an auction held by a li censed auctioneer. 3. The sale of recyclable material including, but not limited to, motor oil, aluminum, iron, glass, plastic and paper. 4. Private occasional sales of second hand goods. 5. The sale of used motor vehicl es. 6. The sale of any item for less than $15.00 in cash, merchandise or services for merchandise received provided: a. The total amount paid any si ngle person for resold merchandise does not exceed $45.00 within any 60 -day period; or b. Merchandise has not been received for resale fro m any single person more than three times within any 60 -day period regardless of the total value of said transactions. 7. The business of buying or selli ng only those second hand goods taken as part of full payment for new good s of greater value and where such business is incidental to and not the primary business of a person. 8. Goods sold at an exhibition. 7-12-6: PERSONS INELIGIBLE FOR A LICENSE: No license under this chapter will be issued to an applicant who is a natural person, a partnership if such applicant has any general partner or managing partner, a corporation or other organization if such applicant has any manager, proprietor or agent in charge of the business to be licensed, if t he applicant: A. Is a minor at the time that the application is filed; B. Has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes § 364.03, Subd. 2, and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of a licensee under this chapter as prescribed by M innesota Statutes, § 364.03, Subd. 3; or 7-12-7: BUSINESS AT ONLY ONE PLACE: A. A license under this Section authorizes the licensee to carry on its business only at the permanent place of business designated in the license. B. Upon written request, the Sheriff's Department may approve an offsite locked and secured storage facility provided that: The licensee shall permit inspection of the facility in accordance with Section 7- 12-16 of the City Code. 2. All provisions of this Section regarding record keeping and reporting apply to the facility and its contents. C. Property shall be stored in compliance with all provisions of the City Code. D. The licensee must either own the building in which the business is conducted, and any approved off-site storage facility, or have a lease on the business prem ise that extends for more than six (6) months. E. If a license application is approved for a location where a building i s under construction or otherwise not ready for occupancy, the license shall not be delivered to the licensee until a certificate of occupancy has been issued for the licensed prem ises. 7-12-8: LICENSE FEES: A. The annual fees for licenses i ssued under this Section shall be as set forth in Section 2- 4-2.A.6 of the City Code. B. The billable transaction license fee shall reflect the cost of processing transactions and other related regulatory expenses as set forth in Secti on 2-3-2.A.6 of the City Code and shall be billed monthly and are due and payable within thirty (30) days; failure to pay the billable transaction license fees within thirty 30 days shall be a violation of this Section. 7-12-9: LICENSE APPLICATION: A. An application form provided by the City Clerk must be completed by every applicant for a new license or for renewal of an existing license. Every new applicant must provide all the following information: If the applicant is a natural person: a. The name, place and date of birth, street resident address, and phone number of applicant. b. Whether the applicant is a citizen of the United States or resident alien. Whether the applicant has ever used o r has been known by a nam e other than the applicant's name, and if so, the name or names used and information concerning dates and places used. The name of the busi ness if it is to be conducted under a designation, name, or style other than the name of the applicant and a certified copy of the certificate as required by Minnesota Statutes § 333.01. e. The street address at which the applicant has lived during the preceding five (5) years. f. The type, name and location of every business or occupation in w hich the applicant has been engaged during the preceding five (5) years and the name(s) and address(es) of the applicant's employer(s) and partner(s), if any, for the preceding five (5) years. g. Whether the applicant has ever b een convicted of a felony, crime, or violation of any ordinance other than a traffic ordinance. If so, the applicant must furnish information as to the time, place, and offense of all such convictions. h. If the applicant does not m anage the business, the nam a of the manager(s) or other person(s) in charge of the business and all information concerning each of them required in Section 7-12-9.A.1.a. through g. of this Section. 2. If the applicant is a partnership: a. The name(s) and address(es) of all general and lim ited partners and all information concerning each general partner required in subdivision (1) of this section. b. The name(s) of the managing partne r(s) and the interest of each partner in the licensed business. C. A true copy of the partnership agreement shall be submitted with the application. If the partnership is required to file a certifi cate as to a trade name pursuant to Minnesota Statutes § 333.01, a certified copy of such certificate must be attached to the application. 3. If the applicant is a corporation or other organization: a. The name of the corporation or business form, and if incorporated, the state of incorporation. b. A true copy of the Certificate of Incorporation, Articles of Incorporation or Association Agreement and By-laws shall be attached to the application. If the applicant is a foreign corporation, a Certificate of Authority as required by Minnesota Statutes § 303.06 must be attached. The name of the manager(s) or other person(s) in charge of the business and all information concerning each manager, proprietor, or agent required in a. through g. of subdivision 1 of this section. For all applicants: Whether the applicant holds a current pawnbro ker, precious metal dealer or secondhand goods dealer license from any other governmental unit and whether the applicant is licensed under Minnesota Statutes § 471.924. b. Whether the applicant has previously been denied, or h ad revoked or suspended, a pawnbroker precious metal dealer, or secondhand dealer license from any other governmental unit. C. The location of the business premises. d. The legal description of the prem ises to be licensed. e. A true and complete copy of an executed lease for the premises to be licensed if the applicant does not own the property. Certification that all real estate and personal property taxes that are due and payable for the premises to be licensed have been paid. g. Whenever the application is for a premises either planned or under construction or undergoing substantial alt eration, the application shall be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed. A description of the proposed hours of operation and on-site management. A site plan of the premises to be licensed showing the location of off- street parking facilities compliant with the requirements of the Z oning Ordinance. An executed data practices advisory and consent form authorizing the release of criminal history information. Such other information as the licensing authority may require. B. All applications for a license under this Section must be signed and sworn to under o ath or affirmation by the applicant. If the application is that of a natural person, it must be signed and sworn to by such person ; if that of a corporation, by an officer thereof; if that of a partnership, by one of the general partners; and if that of an unincorporated association, by the manager or managing officer thereof. Any falsification on a license application shall result in the denial of a license. C. All applications shall be referred to the Sheriff's Department for verification and investigation of the facts set forth in the application. Within sixty (60) days after receipt of an application, the Sheriff's Department shall make a written report and recommendation to the City Council as to the issuance or non -issuance of the license. The City Council may order and conduct such additional investigation as it deems necessary. If additional investigation is necessary, the applicant shall pay the Ci ty the for all costs incurred in the course of the additional i nvestigation. D. The City Council shall conduct a public hearing on the license application within thirty (30) days following receipt of the Sheriff's Department's report and recommendation regarding the application: 1. The City Clerk shall publish notice at least ten (10) days in advance of the public hearing in the official City newspaper setting forth the day, time and place of the hearing; the name of the applicant; the prem ises where the business is to be conducted; and the type of license being sought. 2. The public hearing shall also be preceded by ten (1 0) days mailed notice to all property owners located within five hundred (500) feet of the boundaries of the property where the business is to be conducted. 3. The applicant shall be present at the public hearing. 4. Opportunity shall be given to any person to be heard for or against the granting of the license. 5. Approval of a license under this Section shall require a majority vote of the City Council. E. An application for renewal of an existing license shall be made prior to the expiration date of the license in the form required by and processed in accordance with S ections 7- 12-9.A through D of the City Code. F. Manager/New Manager: 1. When a licensee designates a manager in charge of a business, or the named manager(s) in charge of a licensed business changes, the li censee must complete and submit the appropriate application prior to th e effective date of the change. The new manager shall be subject to the investigation required by this Section. 2. The designation of a new m anager shall not cause an existing I icense issued under this Section to become invalid before a decision is rendered, provide that proper notice and application are made by the licensee. 3. A proposed new manager shall be referred to as the interim manager. 4. In the event that an interim manager is denied, the licensee shall desi gnate another interim manager and make the required application within fifteen (15) days of the decision. 5. If a proposed manager is denied, the decision may be appealed to the City Council by filing a written notice of appea I with the City Clerk within fifteen (15) days after being notified of the denial. 7-12-10: BOND REQUIRED: Before a license will be issued, every applicant must submit a five thousand dollar ($5,000.00) bond on the forms provided by the City Clerk. All bonds must be conditioned that the principal wi II observe all laws in relation to pawnbrokers, and will conduct business in conformity thereto, and that the principal will account for and deliver to any person legally entitled any goods whic h have come into the principal's hand through the principal's business as a pawnbroker, or in lieu thereof, will pay the reasonable value in money to the person. The bond shall contain a provision that no bond may be cancel ed except upon thirty (30) days written notice to the City. 7-12-11: RECORDS REQUIRED: At the time of any reportable transaction other tha n renewals, extensions or redemptions, every licensee must immediately record in English the following information by using ink or other indelible medium on forms or in a computerized record approved by the Sheriff's Department. A. A complete and accurate description of each item including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on such an item. B. The purchase price, amount of money loaned upon, or pledged therefore. C. The maturity date of the transaction and the amount due, including monthly and annual interest rates and all pawn fees and charges. D. Date, time and place the item of property was received by the licensee, and the unique alpha and/or numeric transaction identifier that distinguishes it from all other transactions in the licensee's records. 10 E. Full name, current residence address, current residence telephone num ber, date of birth and accurate description of the person from whom the item of property was received, including: sex, height, weight, race, color of eyes and color of hair. F. The identification num ber and state of issue from any of the following forms of identification of the seller: Current valid Minnesota driver's license. b. Current valid Minnesota identification card. C. Current valid photo identification card issued by another state or province of Canada. G. The signature of the person identified in the transaction. H. Effective sixty (60) days from the date of notification by the Sheriff's Department of acceptable video standards the licensee must also take a color photograph or color video recording of: a. Each customer involved in a billable transaction. b. Every item pawned or sold that does not ha ve an unique serial or identification number permanently engraved or affixed. If a photograph is taken, it must be at least two (2) inches in length by two (2) inches in width and m ust be maintained in such a manner that the photograph can be readily matched and correlated with all other records of the transaction to which they relate. Such photographs must be available to the Sheriff's Department upon request. The major portion of the photograph must include an identifiable front facial close-up of the person who pawned or sold the item. Items photographed must be accurately depicted. The licensee must inform the person that he or she is being photographed by displaying a sign of sufficient size in a conspicuous place in the premises. If a video photograph is taken, the video camera must zoom in on the person pawning or selling the item so as to include an identifiable close-up of that person's face. Items photographed by video must be accurately depicted. Video photographs must be electronically referenced by time and date so they can be readily matched and correlated with all other records of the transaction to which they relate. The licensee must inform the person orally that he or she is being videotaped and by display ing a sign of sufficient size in a conspicuous place on the premises. The licensee must keep the exposed videotape for thr ee (3) months. Effective sixty (60) days from the date of notification by the Sheriffs Department licensees must fulfill the color photograph requirements in Section 7-12-11.H of the City Code by submitting them as digital images, in a format specified by the Licensing authority, electronically cross-referenced to the reportable transaction they are associated with. Notwithstanding the digital i mages may be captured from required video recordings, this provision does not alter or amend the requirements in Section 7-12-11.H 11 of the City Code. For renewals, extensions and redemptions, the licensee shall provide the original transaction identifier, the date of the curr ent transaction and the type of transaction. K. The records must at all reasonable times be open to inspection by the Sheriff's Department or Department of Licenses and C onsumer Services. Data entries shall be retained for at least three (3) years from the date of transaction. Entries of required digital images shall be retained a mi nimum of ninety (90) days. 7-12-12: DAILY REPORTS TO SHERIFF'S DEPARMENT. A. Effective no later than sixty (60) days after the Sheriff's Department provides licensees with computerized record standards, licensees must submit every reportable transaction to the Sheriff's Department daily in the following manner: Licensees must provide to the Sheriff's Department all information required in Section 7-12-11 and other required information by transferring it from their computer to the Automated Pawn system via modem. 2. All required records must be transmitted completely and accurately after the close of business each day in accordance with standards and procedures established by the Licensing authority. If a licensee is unable to successfully transfer the required reports by modem, the licensee must provide the Sheriffs Department printed copies of all reportable transactions along with the video tape(s) for that date by 12:00 the next business day. 4. If the problem is determined to be in the licensee's system and is not corrected by the close of the first business day following the failure, the licensee must provide the required reports as detailed in S ection 7-12-11 and shall be charged a daily reporting penalty as set forth by Section 2-4-2.A.6 of the City Code, daily, until the error is corrected, or: If the problem is determined to be outside the licensee's system, the licensee must provide the required reports in Section 7-12-11 and resubmit all such transactions via modem when the error is corrected. 6. If a licensee is unable to capture, digitize or transmit the photographs requ ired in Section 7-12-11.1, the licensee m ust immediately take all required photographs with a still camera, cross-reference the photographs to the correct transaction, and make the pictures available to the Sheriffs Department upon request. Regardless of the cause or origin of the technical problem s that prevented the licensee from uploading their reportable transactions, upon correction of the problem, the licensee shall upload every reportable transaction from every business day the problem had existed. 12 8. Section 7-12-12.A.1 through 7 notwithstanding, the City Clerk may, upon presentation of extenuating circum stances, delay the implementation of the daily reporting penalty. B. The licensee must display a sign of sufficient size, in a conspicuous place in the premises, which informs all patrons that all transactions are reported to the Sheriffs Department daily. C. Licensees will be charged for each billable transaction reported to the Sheriff's Department. 7-12-13: RECEIPT REQUIRED: Every licensee must provide a receipt to the party identified in every reportable transaction and must maintain a duplicate of that receipt for three (3) years. The receipt must include at least the following information: A. The name, address and telephone num ber of the licensed business. B. The date and time the item was received by the licensee. C. Whether the item was pawned or sold or the nature of the transaction. D. An accurate description of each item received including, but not limited to, any trademark, identification number, serial number, model number, brand name or other identifying mark on such an item. E. The signature or unique identifier of the licensee or employee that conducted the transaction. F. The amount advanced or paid. G. The monthly and annual interest rates, including all pawn fees and charges. H. The last regular day of business by which the item must be redeemed by the pledger without risk that the item will be sold, and the amount necessary to redeem the pawned item on that date. The full name, current residence address, curre nt residence telephone number and date of birth of the pledge r or seller. The identification num ber and state of issue from any of the following form s of identification of the seller: Current valid Minnesota driver's license. Current valid Minnesota identification card. Current valid photo driver's license or identification card issued by another state or province of Canada. 13 K. Description of the pledger or seller including sex, approxim ate height, weight, race, color of eyes and color of hair. L. The signature of the pledger or seller. M. All printed statements as required by Minnesota Statute § 325J.04 subd 2, or any other applicable statutes. 7-12-13: REDEMPTION PERIOD: A. Any person pledging, pawning or depositing an item for security must have a minimum of one hundred twenty (120) days from the date of that transaction to redeem the item before it may be forfeited and sold. B. During the one hundred twenty (120) day holding period, items may not be removed from the licensed location except as provided in Section 7-12-7.13 of the City Code. C. Licensees are prohibited from redeeming any item to anyone other than the person to whom the receipt was issued or, to any person identified in a written and notarized authorization to redeem the property identified in the receipt, or to a person identified in writing by the pledger at the tim e of the initial transaction and signed by the pledger, or with approval of the police I icense inspector. Written authorization for release of pr operty to persons other than original pledger m ust be maintained along with original transaction record in accordance with Section 7-12-11 of the City Code. 7-12-14: HOLDING PERIOD: Any item purchased or accepted in trade by a licensee must not be sold or otherwise transferred for thirty (30) days from the date of the transaction. An individual may redeem an item seventy-two (72) hours after the item was received on deposit, excluding Sundays and legal holidays. 7-12-15: LAW ENFORCEMENT ORDER TO HOLD PROPERTY. A. Whenever a law enforcem ent official from any agency notifies a licensee not to sell an item, the item must not be sold or removed from the premises. The investigative hold shall be confirmed in writing by the originating agency with seventy-two (72) hours and will remain in effect for fifteen (15) days from the date of initial notification or until the investigative order is canceled, or until an order to hold/confiscate is issued pursuant to Section 7-12-15.13 or 7-12-15.0 of the City Code, whichever comes first. B. Whenever the Sheriff s Department or other law enforcement official, notifies a licensee not to sell an item, the item must not be sold or removed from the licensed premises until authorized to be released by the chief or the chiefs des ignee. The order to hold shall expire ninety (90) days from the date it is placed unless the chi of of police or the chiefs designee determines the hold is still necessary and notifies the licensee in writing. C. If an item is identified as stolen or evidence in a criminal case, the Sheriffs Department or other law enforcement official may: 14 Physically confiscate and remove it from the shop, pursuant to written order from the Sheriffs Department, or 2. Place the item on hold or extend the ho Id as provided in Section 7-12-15.B of the City Code and leave it on the premi ses. 3 When an item is confiscated, the person doing so shall provide identifi cation upon request of the licensee, and shall provide the licensee the name and phone number of the confiscating agency and investigator and the case number related to the confiscation. D. When an order to hold/confiscate is no I onger necessary, the S heriffs Department shall so notify the licensee. 7-12-16: INSPECTION OF ITEMS: At all times during the terms of the license, the licensee must allow law enforcement officials to enter the premises where the licensed business is located, including all off-site storage facilities as authorized in Section 7-12-7 of this Section, during normal business hours, except in an emergency for the purpose of inspecting such premises and inspecting the items, ware and merchandise and records therein to verify compliance with this chapter and other applicable I aws. 7-12-17: LABEL REQUIRED: Licensee must attach a label to every item at the time it is pawned, purchased or received in inventory from any reportable transaction. Permanently recorded on this label must be the number or name that identifies the transaction in the shop's records, the transaction date, the nam a of the item and the description or the model and serial number of the item as reported to the police department whichever is applicable and the date the item is out of pawn or can be sold, if appli cable. Labels shall not be re -used. 7-12-18: PROHIBITED ACTS: A. No person under the age of eighteen (18) years may pawn or sell or attempt to pawn or sell goods with any licensee, nor may any licensee receive any goods from a person under the age of eighteen (18) years. B. No licensee may receive any goods from a person of un sound mind or an intoxicated person. C. No licensee may receive any goods, unless the seller presents identification in the form of a valid driver's license, a valid State of Minnesota identification card, or current valid photo driver's license or identification card issued by the state of residency of the person from whom the item was received. D. No licensee may receive any item of property that possesses an altered o r obliterated serial number or operation identification num ber or any item of property that has had its serial number removed. 15 E. No person may pawn, pledge, sell, consign, leave, or deposit any article of property not their own; nor shall any person pawn, pledge, sell, consign, leave, or deposit the property of another, whether with permission or without; nor shall any person pawn, pledge, sell, consign, leave, or deposit any article of property in which another person has a security interest; with any licensee. F. No person seeking to pawn, pledge, sell , consign, leave, or deposit any article of property with any licensee shall give a false or fictitious name, nor give a false date of birth; nor give a false or out of date address of residence or telephone number; nor present a false or altered identification, or the identification of another; to any licensee. 7-12-19: HOURS OF OPERATION: No licensee shall keep the pawnbroker business open for transaction of business on any day of the week before 8:00 AM or after 9:00 PM. 7-12-20: REQUIRED NOTICES: All licensees shall by adequate signage and separate written notice inform persons seeking to pawn, pledge, sell, leave or deposit articles of property with the licensee the forgoing requirements: A. For the purposes of this Section, "adequate signage" shall mean at least one (1) sign of not less than four (4) square feet in surface are a, comprised of lettering of not less than three-quarters of an inch in hei ght, posted in a conspicuous place on the licensed premises stating the following: TO PAWN OR SELL PROPERTY: YOU MUST BE AT LEAST 18 YEARS OF AGE; AND, YOU MUST BE THE TRUE OWNER OF THE PROPERTY; AND, YOU MUST PRESENT VALID PHOTO IDENTIFICATION; AND, VIOLATION OF ANY OF THESE REQUIREMENTS IS A CRIME. ALL TRANSACTIONS REPORTED DAILY TO LAW ENFORCEMENT B. For the purposes of this Section, "separate written notice" shall m can either the receipt as required by Section 7-12-13 of this Section or a printed for incorporating a statement to the effect that a person pawing, pledging, selling, leaving or depositing the article is at least eighteen (18) years of age; is the true owner of the article; that the article is free of all claims and liens; and that all transactions are reported daily to law enforcem ent; which is acknowledged byway of the signature of the p erson pawing, pledging, selling, leaving or depositing the article. 7-12-21: DENIAL, SUSPENSION OR REVOCATION: A. Any license under this Section may be denied, suspended or revoked for one or more of the following reasons: 16 The proposed use does not com ply with any applicable provision of the Zoning Ordinance. The proposed use does not comply with any health, building, building maintenance or other provisions of the City Code or State law. The applicant or licensee has failed to com ply with one or more provisions of this Section. The applicant is not a citizen of the United States or a resident alien, or upon whom it is impractical or impossible to conduct a backgrou nd or financial investigation due to the unavailability of information. Fraud, misrepresentation or bribery in securing or renewing a license. 6. Fraud, misrepresentation or false statem ents made in the application and investigation for, or in the course of, the applicant's business. Violation within the preced ing five (5) years, of any law relating to the ft, damage or trespass to property, sale of a controlled substance, or operation of a business. 8. The owner of the premises licensed or to be licensed would not quali fy for a license under the terms of this Section. B. The City Council may act to suspend or revoke a license for non-compliance with an applicable statute, regulation or ordinance. A li censee shall be given ten (10) days written notice of a penalty, sus pension or revocation action stating the reasons for the suspension or revocation as well as the date, time and place at which the City Counci I will consider action. Opportunity to be heard with regards to the suspension or revocation of the license shat I be given to the licensee if present when the City C ouncil considers action. 7-12-22: PENALTY: A violation of any provision of this section shall be a misdemeanor. The Licensing Authority shall reserve the right to pursue any administrative, civil or criminal procedure available to it to abate a violation of this Section. 7-12-23: SEPARABILITY: Should any section, subsection, clause or other provision of this chapter be declared by a court of competent jurisdiction to be invalid such decis ion shall not affect the validity of the ordinance as a whole or an y part other than the part so declared invalid. Section 3. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: 17 SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the Otsego City Council this 27th day of April, 2009. ATTEST: Tami Loff, City Clerk ilm CITY OF OTSEGO Jessica Stockamp, Mayor ITEM 9-1 RESOLUTION NO. 2009-08 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, pursuant to Council requesting, Hakanson Anderson Associates, Inc. has prepared plans and specifications for the 2009 Street Maintenance Project, City Project Number 09-02. And has presented such plans and specifications to the council for approval; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF OTSEGO MINNESOTA: 1. Such plans and specifications, dated April 21, 2009, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin, an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall specify the work to be done and shall state that bids will be opened at 10:00 a.m. on May 19, 2008, in the council chambers of the city hall, 8899 Nashua Avenue, Otsego, Minnesota, 55330. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the clerk for 5.0 percent of the amount of such bid. Adopted by the council this 27th day of April 2009. Motioned By: Seconded By: All in Favor: Those Opposed: Jessica Stockamp, Mayor Tami Loff, Clerk BID PROPOSAL CITY OF OTSEGO 2009 Street Maintenance Project City Project # 09-02 Bidder agrees to perform all the work described in the Contract Documents for the following unit prices and/or lump sums, which include sales tax and other applicable taxes and fees. 12— Rirl Qrh.Afl. ITEM NO. Mn/DOT SPEC. NO. ITEM DESCRIPTION ESTIMATED QUANTITY UNIT , UNIT PRICE EXTENSION 1 2356.505 BITUMINOUS MATERIAL FOR SEAL COAT 38,276 GAL LS 2 2356.507 SEAL COAT AGGREGATE FA -2 1,740 TON TON 3 2582.501 PAVEMENT MESSAGE ARROW - PAINT 49 EACH SY 4 2582.501 PAVEMENT MESSAGE HANDICAP SYMBOL - PAINT 6 EACH SY 5 2582.502 4" DOUBLE SOLID LINE YELLOW - PAINT 14,624 LF TON 6 2582.502 4" SOLID LINE WHITE - PAINT 32,323 LF TON 7 2582.502 12" SOLID LINE WHITE - PAINT 912 LF TON 8 2582.502 24" SOLID LINE WHITE - PAINT 436 LF GAL 9 2582.502 24" SOLID LINE YELLOW - PAINT 246 LF GAL 10 2582.503 CROSSWALK MARKING 3'X6' BLOCKS - PAINT 1,170 SF EACH 11 2563.601 TRAFFIC CONTROL 1 LS EACH Total Base Bid Schedule TOTAL BASE BID $ S:/Municipal/AOTSEGO/374/ot381bp Bid Form Bid Proposal 0041 00-3 Engineers Estimate City of Otsego 2009 Street Maintenance Project Schedule "A" - SEAL COAT Total SEAL COAT Schedule "B" - STRIPING $258,376.00 Item No. Description Estimated u nt ty Unit Price Extension 1 2356.505 BITUMINOUS MATERIAL FOR SEAL COAT 38,276 GAL $3.50 $133,966.00 2 2356.507 SEAL COAT AGGREGATE FA -2 1,740 1 TON $71.50 $124,410.00 Total SEAL COAT Schedule "B" - STRIPING $258,376.00 Total STRIPING $17,649.18 Bid Schedule "A" SEAL COAT $258,376.00 Bid Schedule "B" STRIPING $17,649.18 TOTAL ALL SCHEDULES $276,025.18 OT381 Eng Estimate Eng. Estimate 1 4/22/2009 3:14 PM Item No. Description Estimated QU ntity Unit Price Extension 3 2582.501 PAVEMENT MESSAGE ARROW - PAINT 49 EACH $75.00 $3,675.00 4 2582.501 PAVEMENT MESSAGE HANDICAP SYMBOL - PAINT 6 EACH $50.00 $300.00 5 2582.502 4" DOUBLE SOLID LINE YELLOW - PAINT 14,624 LF $0.16 $2,339.84 6 2582.502 4" SOLID LINE WHITE - PAINT 32,323 LF $0.08 $2,585.84 7 2582.502 12" SOLID LINE WHITE - PAINT 912 LF $1.50 $1,368.00 8 2582.502 24" SOLID LINE WHITE - PAINT 436 LF $3.00 $1,308.00 9 2582.502 24" SOLID LINE YELLOW - PAINT 246 LF $3.00 $738.00 10 2582.503 CROSSWALK MARKING 3'X6' BLOCKS)- PAINT 1,170 SF $2.85 $3,334.50 11 2563.601 TRAFFIC CONTROL 1 LS $2,000.00 $2,000.00 Total STRIPING $17,649.18 Bid Schedule "A" SEAL COAT $258,376.00 Bid Schedule "B" STRIPING $17,649.18 TOTAL ALL SCHEDULES $276,025.18 OT381 Eng Estimate Eng. Estimate 1 4/22/2009 3:14 PM 2009 OTSEGO STREET MAINTENANCE PROJECT GOVERNING SPECIFICATIONS CONSTRUCTION PLANS FOR THE 2005 EDITION OF THE MINNESOTA DEPARTMENT OF TRANSPORTATION 'STANDARD SPECIFICATIONS FOR CONSTRUCTION' SHALL APPLY. SEAL COATING AND STREET STRIPING ALL FL. S FEDERAL. STATE AND LOCAL LAWS, REGULATIONS, AND ORDINANCES SHALL BE ATA E WITH IN THE CONSTRUCTION OF THIS PROJECT. CITY OF OTSEGO PROJECT NO. 09-02 SHEET INDEX THIS PLAN CONTAINS 7 SHEETS OWOMEN SHEET NO. DESCRIPTION 1 TITLE SHEET 2 ESTIMATED QUANTITIES 6: NOTES 3 TABULATIONS 4 STRIPING DETAILS S OVERALL PLANS SEAL COATING PLANS 7 OVERALL STRIPING PLANS I I r — I 1 _ILwI, -- - -�- CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA xj\ a I 1 • • - F 1 hereby c,rtify that this plan, pacification, or report wan preparW by a or under my dir t s ervision and that I a a duly Licensed ( _ Profsssi 91. sr a lawn of the Stats of Minnesota. 26052 DATE G PROJECT LOCATION — = RO J. N P.E. LIC. NO. HAKANSON D ON IATES. INC. CITY ENGI 45650 DATE ENT M.ON, 411. UC. NO. HAKANSON ANDERSON ASSOCIATES, INC. DESIGN ENGINEER H k a n s o n DATE REVISION Anderson H Assoc.,Inc. Civil Enpinsen and Land Sumyars 3601 Thurston Ave., Anoka, Minnesota 55303 763-427-5860 FAX 763-427-052D CITY PROJECT 09-02 SHEET 1 OF 7 SHEETS 1(3 1(5 (5 (5 (5 (5 (4 SUMMARY OF QUANTITIES BASIS OF ESTIMATED QUANTITIES SEAL COAT AGGREGATE 20 LBS/n BITUMINOUS MATERIAL FOR SEAL COAT 0.22 GAL/YD2 CONSTRUCTION NOTES 1. BITUMIOUS MATERIAL FOR SEAL COAT SHALL BE CRS -2P 2. SEAL COAT AGGREGATE SHALL BE FA -2 CLASS A TRAPROCK. 3. PAVEMENT ARROWS (LT, RT, THRU) WILL BE PAID 1 EACH, COMBO PAVEMENT ARROWS (LT—THRU, RT—THRU, LT—THRU—RT) WILL BE PAID PER ARROW I.E. 2 OR 3 EACH. 4. CROSSWALK MARKINGS SHALL BE 3' X 6' WHERE OLD MARKINGS ARE COVERED WITH THE SEAL COAT. ALL OTHER CROSSWALK BLOCKS SHALL MATCH THE INPLACE PATTERN. 5. CONTRACTOR IS RESPONSIBLE FOR PLACING TABS FOR THE EXISTING PAVEMENT MARKINGS IN AREAS THAT WILL BE COVERED BY THE SEAL COAT. 6. CONSTRUCTION CANNOT START UNTIL AFTER JUNE 22, 2009 (AFTER CITY CRACK FILLING PROJECT IS COMPLETE). 7. CONTRACTOR TO COORDINATE STRIPING OF PRAIRIE PARK AND SCHOOL KNOLL PARK PARKING LOTS WITH CITY PUBLIC WORK SUPERVISOR, (BRAD BELAIR, 763-235-3175) AFTER PARKING LOTS HAVE BEEN SEALED BY OTHERS. ' .a ee�.a BML '� Hakanson Anderson Assoc., Inc. CITY OF OTSEGO QUANTITIES AND NOTES / _ CHA Engineers and lnntl Surveyors /J�I sA1L }wl ihueNnn Are, 2ikq 111nnesefa 553A} )63-42]-5860 FAX 2009 STREET OF PROJECT n. ,®2 763-427-0520 wrv.nnknnano-e a.rsnn.nnrs CITY PROJECT NUMBER: 09-02 Cltt OF oTSEGO MINNESOTA 7 pot 4/22/Do —..%. A5850 RJW Item No. Description Estimated Tota I Quantity 1 2356.505 BITUMINOUS MATERIAL FOR SEAL COAT 38,276 GAL 2 2356.507 SEAL COAT AGGREGATE (FA -2) 1,740 TON 3 2582.501 PAVEMENT MESSAGE (ARROW) - PAINT 49 EACH 4 2582.501 PAVEMENT MESSAGE (HANDICAP SYMBOL) - PAINT 6 EACH 5 2582.502 4" DOUBLE SOLID LINE YELLOW - PAINT 14,624 LF 6 2582.502 4" SOLID LINE WHITE - PAINT 32,323 LF 7 2582.502 12" SOLID LINE WHITE - PAINT 912 LF 8 2582.502 24" SOLID LINE WHITE - PAINT 436 LF 9 2582.502 24" SOLID LINE YELLOW - PAINT 246 LF 10 2582.503 CROSSWALK MARKING (3'X6' BLOCKS) - PAINT 1,170 SF 11 2563.601 TRAFFIC CONTROL 1 LS BASIS OF ESTIMATED QUANTITIES SEAL COAT AGGREGATE 20 LBS/n BITUMINOUS MATERIAL FOR SEAL COAT 0.22 GAL/YD2 CONSTRUCTION NOTES 1. BITUMIOUS MATERIAL FOR SEAL COAT SHALL BE CRS -2P 2. SEAL COAT AGGREGATE SHALL BE FA -2 CLASS A TRAPROCK. 3. PAVEMENT ARROWS (LT, RT, THRU) WILL BE PAID 1 EACH, COMBO PAVEMENT ARROWS (LT—THRU, RT—THRU, LT—THRU—RT) WILL BE PAID PER ARROW I.E. 2 OR 3 EACH. 4. CROSSWALK MARKINGS SHALL BE 3' X 6' WHERE OLD MARKINGS ARE COVERED WITH THE SEAL COAT. ALL OTHER CROSSWALK BLOCKS SHALL MATCH THE INPLACE PATTERN. 5. CONTRACTOR IS RESPONSIBLE FOR PLACING TABS FOR THE EXISTING PAVEMENT MARKINGS IN AREAS THAT WILL BE COVERED BY THE SEAL COAT. 6. CONSTRUCTION CANNOT START UNTIL AFTER JUNE 22, 2009 (AFTER CITY CRACK FILLING PROJECT IS COMPLETE). 7. CONTRACTOR TO COORDINATE STRIPING OF PRAIRIE PARK AND SCHOOL KNOLL PARK PARKING LOTS WITH CITY PUBLIC WORK SUPERVISOR, (BRAD BELAIR, 763-235-3175) AFTER PARKING LOTS HAVE BEEN SEALED BY OTHERS. ' .a ee�.a BML '� Hakanson Anderson Assoc., Inc. CITY OF OTSEGO QUANTITIES AND NOTES / _ CHA Engineers and lnntl Surveyors /J�I sA1L }wl ihueNnn Are, 2ikq 111nnesefa 553A} )63-42]-5860 FAX 2009 STREET OF PROJECT n. ,®2 763-427-0520 wrv.nnknnano-e a.rsnn.nnrs CITY PROJECT NUMBER: 09-02 Cltt OF oTSEGO MINNESOTA 7 pot 4/22/Do —..%. A5850 RJW ar 3v $$ W O CD au v � Cn A ie 8 ==°'s CTI N Ul CO Ul N (JI N Cil N U1 N (jl N (J7 N D O O CO W NO N N N N O C P F y � 0 D 0�� O z � 0 0 0 D � W Z Z O r r r r Z m Tl � z z z i-,-i � � � m m m O m m D � r _ =I r D D _� Z O --_{{ rn � ITI Z Gig Z �-O O � � m m m G7 D � @ Z � D �7 N C D -zj z � p � O n D Z � D (n �F at FCo z � Z T D O Z v D o Z m CSAH 42 to east end 91st St NE � f° CSAH 42 to Quaday Avc NE 85th St NE Nashua Ave NE to 750' to East 6) N � -� A � CO o J � 91st St to N. Cul-de-sac O O � O � N � ? CWO � O 85th St NE 750' East of Nashua Ave to Odean Ave NE s = _ o 0 � 85th St NE rn CSAH 42 to 91st St NE N ;moo .p o � cn N rn � o � � Odean Ave NE to Page Ave NE ]e]ms o� w N 85th St NE s�iN so (D 0° N N � � Page Ave NE to 84th St NE Page Ave NE A iv 0 3 A m O W N O N O A CSAH 39 to 85th St NE �, O O Prairie Park Parking Lot 90th St NE and Nashua Ave NE G N rn � A o School Knoll Park Parking Lot O v z cn v ID pin �� 0 � N 83rd St NE and Park Aven NE zz 88th St. NE AZ�o 0 CO CO � 0 00 D --j ;;a ti 0 mm mm �N Dy z r mo z D Cu w Z � M o z M _ U � o D � --1 M m� z0 -1 0 0 R D m J o � m CSAH 42 to east end 91st St NE � CSAH 42 to Quaday Avc NE Quaday Ave EN � A � 91st St to N. Cul-de-sac � Quaday Ave NE w cn � rn CSAH 42 to 91st St NE n�€ �a E b 19�� a i����bw ZZ �Z a CCba�g� w �ZW $Z p�6 �K �pUrmC<p m5 J wmm spaa �� �zih ws XX Imo— W �t�b hGp L �L� &gym �8 d�� S� �r �g� g 3 bJ a Ian °� 0 Fn �- Z � iM _ � 12 269 G<� pZF<�3��3 o W OU z N n m � W m J m o= � Z n Z3 D O____________________________________________ rn C QACC Cg� O m� ti W rrf w aw Y —j<8w t W aim '^ 2b Ali! Vl pg �2� �3in uqq `p�G i U fsi CD -_ s s � m CD 2U - � 4 VI LY swm� -PF z CC F O U< M Z F- Sp Z 0� 2 O =�i �55 LIJ Llig p. (n w �� inb�gmw �w ......_I._ •ao .ozi .o'z� .o�Y Q .09 .0'9 W _N n Y A bz §m Q Li U as � E m J 5 0 VR D 5` f ` P PAGE AVENUE : 5 PI u,5 `S QUADAY ON AND 91 ST NE 96th ST. 2,600 LF 4" SOLID DOUBLE 9 ND�p. 2,807 LF 4" SOLID WHITE LINE DJe m Po° a GRES yitr ST. S`'ep\9SF N 72 LF 24" YELLOW CENTERLINE us` SOLID WHITE g o o D 98th S RE 1 N °tO 4,125 LF 4" SOLID WHITE LINE 29 PAVEMENT 9Sfh ARROWS Z EEu D RESP s� 190 LF 12" SOLID WHITE 396 SF CROSSWALK MARKING gat ST � e a y c 3rd TIO s 94th Sr 121 LF 24" SOLID WHITE _ (3'X6' BLOCK PATTERN) — 0 0 < Q o e 43 LF 24" SOLID YELLOW N Z _ 0 Z w 3-Z " w O �" a < 94th ST. 4 PAVEMENT ARROWS vi " PRAIRIE PARK PARKING LOT Z 3rd S - 5 �� 90 SF CROSSWALK MARKING 3 d 5T. 2,166 LF 4" SOLID WHITE LINE Z o 8 = , 3 d C R. `j d (3X6 BLOCK PATTERN) Q a 4 HANDICAP SYMBOLS w - MI $1$S1 R SHOR S 3rd ADDRION O v z 85TH STREET a p 2nd S. QQ c sr. o� znd x 11 105 LF 4" SOLID DOUBLE tiF O"� W ELIOsf ' YELLOW CENTERLINE "" 'st s y" 91st cIR. E a WA ER Z o 21,110 LF 4" SOLID WHITE LINE 0th w = w tD Z 642 LF 12" SOLID WHITE m e NE 9th S r 243 LF 24" SOLID WHITEHARTHEE RES j hWtiL7 8 th E tT 203 LF 24" SOLID YELLOW w 5 N stn s NE 89th T. y a p0 `s GS 16 PAVEMENT ARROWS a N.E. sat 5 0 . 576 SF CROSSWALK MARKING w > a 88th SIRE w p Q z > DRR"' 90 i6 to RNEP (3'X6' BLOCK PATTERN) _ 88 h T.L 8th ¢ ' a NE 6th 5T. Z z v= c z c o p E RBER I 1 A 3rd w`" y Q i5EG0 67TH s REE7 Z N.I. B T. EStN th11 w JE' Z J r�r GR II. 67t T. �REAT O� pq Z Z Bit _ vn�inonio; = Q D 4 I E S D A mON D ^/ /�/ N 2 1 2 / U 2 F Z F DTSEECDND JP'SE N.E. 5th 6T.r Z L2 TREEr N o DADDmON 85th ST a oy < Celli y``d� vF OCH J N 4 T c" < Q s a IAS 3 0 GO CO4 ERPCARK < _ o -a 9N O o • d ' O C c °' z m O Z ET a F P RI SO p NE 83rd s. a D 63rd sT. p m o N. s n sr, SCHOOL KNOLL PARKING LOT w 88TH STREET Z :� 3 z Z 317 LF 4" SOLID WHITE LINE Q 919 LF 4" SOLID DOUBLE K y e <-2 HANDICAP SYMBOLS YELLOW CENTERLINE ��' u]— IMS a s 1,798 LF 4" o Z e 5 sr. SM v -cc SOLID WHITE LINE rm N.E. Ot ST. H'E SASPNT ZN E 7 80 LF 12" SOLID WHITE % w SF CROSSWALK MARKING: Z108 CRI SO PONDS 1 > (3'X6' BLOCK PATTERN _ r�nraWnn\ DA Nnr, erm, V ny M� r,y�r a Mid 4 o a riir rnT 6M ,y�,Mwi stl M I a n •�-.• w� �.. N... ®• Hakanson Anderson Assoc., Inc. CITY OF OTSEGO STRIPING PIAN ya er ,fir '� D6hLm "a ene ^+rte• Ml Tl unlet •w, Anoka, lannaeb 55303 2009 STREET MAINTENANCE PROJECT OVERALL a ue yes-szr-sew FAX yes an-0szo ��•^en-a a.sen can CITY PROJECT NUMBER: 09-02 CRY OF OTSEGO, MINNESOTA 7 ,�, �• ww PROJECT MANUAL FOR IMPROVEMENT PROJECT NO. 09-02 2009 Street Maintenance Project City of Otsego Wright County, Minnesota Hakanson Anderson r Assoc., Inc. April 22, 2009 Spec. No. Project Title Page 00 01 01-1 DOCUMENT 00 0105 CERTIFICATION aJ xw Biu FOR IMPROVEMENT PROJECT NO. 09-02 2009 Street Maintenance Project City of Otsego Wright County, Minnesota I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Ronald J. Wagner City Engineer Brent M. Larson Project Engineer 26052 License No. 45850 License No. Date Date Certification Page 00 01 05-1 SECTION 00 0110 TABLE OF CONTENTS Number Document Pae s 0001 01 Project Title Page 1 0001 05 Certifications Page 1 0001 10 Table of Contents 1 Procurement Requirements 00 11 00 Advertisement for Bids 1 to 2 0021 00 Instructions to Bidders I to 7 0041 00 Bid Form 1 to 5 00 43 36 Tabulation of Subcontractors 1 00 43 33 Tabulation of Suppliers 1 00 45 00 Affidavit of Non -Collusion 1 Contract Forms 0051 00 Notice of Award Form 1 00 52 00 Standard Form of Agreement 1 to 6 00 55 00 Notice to Proceed Form 1 0061 11 Construction Performance Bond 1 to 2 0061 13 Construction Payment Bond 1 to 2 Conditions of the Contract 00 72 00 Standard General Conditions 00 73 00 Supplementary Conditions Specifications Section Title Division 1 General Requirements Division 2 Technical Requirements 1 to 48 1 to 3 1 to 6 1to17 Table of Contents 0001 10-1 DOCUMENT 00 1100 ADVERTISEMENT FOR BIDS TO WHOM IT MAY CONCERN: Separate sealed bids for the construction of Improvement Project No. 09-02, 2009 Street Maintenance Project, will be received by the City of Otsego, Minnesota at the office of the City Clerk until 10:00 a.m., Tuesday, May 19, 2009 and then at said office publicly opened and read aloud. Principal components of the project include the following: BITUMINOUS MATERIAL FOR SEAL COAT SEAL COAT AGGREGATE (FA -2 CLASS A 1/8" TRAP ROCK) PAVEMENT MESSEGE (ARROW) - PAINT PAVEMENT MESSEGE (HANDICAP SYMBOL) - PAINT 4" DOUBLE SOLID LINE YELLOW - PAINT 4" SOLID LINE WHITE - PAINT 12" SOLID LINE WHITE - PAINT 24" SOLID LINE WHITE - PAINT 24" SOLID LINE YELLOW - PAINT BLOCK PATTERN CROSSWALK - PAINT TRAFFIC CONTROL The Contract Documents may be examined at the following locations: City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 Hakanson Anderson Associates, Inc. 3601 Thurston Avenue Anoka, MN 55303 38,250 GAL 1,750 TON 49 EACH 6 EACH 14,500 LF 32,500 LF 900 LF 450 LF 250 LF 1,200 SF 1 LS Copies of the bid proposal, specifications & applicable plan sheets may be obtained at the office of: Hakanson Anderson Assoc., Inc., located at 3601 Thurston Avenue, Anoka, MN 55303 upon deposit of $25.00 for each set. Any plan holder, upon returning the Contract Documents within ten (10) days following the opening of bids and in good condition, will be refunded their deposit. Advertisement for Bids 001100-1 Each Bidder shall submit with the proposal a bidder's bond made payable to the City of Otsego in the amount of five percent (5%) of the total bid. No bids may be withdrawn for at least sixty (60) days after the scheduled closing time for the receipt of bids. The City of Otsego reserves the right to reject any or all bids and to waive informalities. CITY OF OTSEGO Mike Robertson, City Administrator Date: April 28, 2009 Published: Construction Bulletin: May 4, 11, and 18, 2009 Elk River Star News: May 2, 9, and 16, 2009 Instruction to Bidders 00 21 00-2 DOCUMENT 00 2100 INSTRUCTIONS TO BIDDERS ARTICLE I — DEFINED TERMS 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: A. Issuing Office — The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. ARTICLE 2 — COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained from the Issuing Office. The deposit will be refunded to each document holder of record who returns a complete set of Bidding Documents in good condition within 10 days after opening of Bids. 2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. ARTICLE 3 — QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the Work, within five days of Owner's request, Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be deemed necessary by the Owner. ARTICLE 4 — EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions identify: I . Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Bidding Documents. Those drawings of physical conditions in or relating to existing surface and • subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in Paragraph 4.0I.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others. Instruction to Bidders 00 21 0al 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that Engineer has used in preparing the Bidding Documents. — .. A. - B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in Paragraph 4.06 of the General Conditions. 4.05 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates. 4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) that relates to the Work contemplated by these Bidding Documents. On request, Owner will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price) for such other work. 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, the other related data identified in the Bidding Documents, and any Addenda; B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work; D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and (2) reports and drawings of Hazardous Environmental Conditions at the Site which have been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions; E. obtain and carefully study (or accept consequences of not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto; Instruction to Bidders 002100-2 F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents; G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents; H. correlate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents; I. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and J. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, .techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. ARTICLE 5 — PRE-BID CONFERENCE A pre -Bid conference will not be held for this project. ARTICLE 6 — SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. ARTICLE 7 — INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer. ARTICLE 8 — BID SECURITY 8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of five percent (5%) of Bidder's maximum Bid price and in the form of a certified check or bank money order or a Bid bond (on the form attached) issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions. 8.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid Instruction to Bidders 00 21 00-3 security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Agreement or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. 8.03 Bid security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening. ARTICLE 9 — CONTRACT TIMES 9.01 The number of days within which, or the dates by which, Milestones are to be achieved and the Work is to be substantially completed and ready for final payment are set forth in the Agreement. ARTICLE 10 — LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11 — SUBSTITUTE AND "OR -EQUAL" ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or -equal" items. Whenever it is specified or described in the Bidding Documents that a substitute or "or -equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. ARTICLE 12 — SUBCONTRACTORS, SUPPLIERS AND OTHERS 12.01 if the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, in which case apparent Successful Bidder shall submit an acceptable substitute, Bidder's Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 12.02 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions. 12.03 Contractor shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom Contractor has reasonable objection. Instruction to Bidders 0021004 ARTICLE 13 — PREPARATION OF BID 13.01 The Bid Form is included with the Bidding Documents. Additional copies may be obtained from Engineer. 13.02 All blanks on the Bid Form shall be completed by printing in ink or by typewriter and the Bid signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each unit price item listed therein, or the words "No Bid," "No Change," or "Not Applicable" entered. 13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown below the signature. 13.06 A Bid by an individual shall show the Bidder's name and official address. 13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown below the signature. 13.08 All names shall be typed or printed in ink below the signatures. 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 13.10 The address and telephone number for communications regarding the Bid shall be shown. 13.11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract. Bidder's state contractor license number, if any, shall also be shown on the Bid Form. ARTICLE 14 — BASIS OF BID; COMPARISON OF BIDS 14.01 Unit Price A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule. B. The total of all estimated prices will be the sum of the products of the estimated quantity of each item and the corresponding unit price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. C. The Owner shall have the right to alter details of construction as necessary for Project completion in a manner deemed by the Owner in its best interest. Such alteration may include increased or decreased quantities and may include deletion of all or portion of contract bid item work. All alterations having material affect on the contract shall be in writing. Any and all price adjustments to contract work items in the event of increased or decreased quantities of contract items are precluded. Payment provided shall be compensation in full for increase or decreased quantities. Instruction to Bidders 002100-5 D. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 14.02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in Paragraph 11.02 of the General Conditions. 14.03 Bid prices will be compared after adjusting for differences in the time designated by Bidders for Substantial Completion. The adjusting amount will be determined at the rate set forth in the Contract Documents for liquidated damages for failing to achieve Substantial Completion for each day before or after the desired date appearing in Article 9. ARTICLE 15 — SUBMITTAL OF BID 15.01 With each copy of the Bidding Documents, a Bidder is furnished one separate unbound copy of the Bid Form, and, if required, the Bid Bond Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid security and the following data: A. Document 004336 — Tabulation of Subcontractors. B. Document 004333 — Tabulation of Suppliers. C. Document 004500 — Affidavit of Non -Collusion. 15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope plainly marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to City of Otsego, 8899 Nashua Avenue NE, Otsego, MN 55330. 15.03 The submitted Bid Bond shall bear original signatures of the Surety. 15.04 Bids submitted after the prescribed date and time will be returned to the Bidder unopened. 15.05 Submission of Bid Forms and/or Bid Bonds by electronic transmission (such as Fax or e-mail) will be a cause for rejection. ARTICLE 16 — MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. 16.02 If within 24 hours after Bids are opened, any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work. Instruction to Bidders 002100-6 ARTICLE 17 — OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the Advertisement or Invitation to Bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids. ARTICLE 18 — BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. ARTICLE 19 — EVALUATION OF BIDS AND AWARD OF CONTRACT 19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. 19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.03 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 19.04 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 19.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents. 19.06 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project. ARTICLE 20 — CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner's requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds. ARTICLE 21 — SIGNING OF AGREEMENT 21.01 When Owner gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within ten days thereafter, Owner shall deliver one fully signed counterpart to Successful Bidder with a complete set of the Drawings with appropriate identification. Instruction to Bidders 00 21 00-7 DOCUMENT 00 4100 BID FORM ARTICLE 1 — BID RECIPIENT 1.01 This Bid is submitted to: City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. ARTICLE 2 — BIDDER'S ACKNOWLEDGEMENTS 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. ARTICLE 3 — BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged. Addendum No. Addendum Date B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in SC -4.02, and (2) reports and drawings of Hazardous Environmental Conditions that have been identified in SC -4.06. E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. Bid Form 00 41 00-1 F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. ARTICLE 4 — FURTHER REPRESENTATIONS 4.01 Bidder further represents that: A. this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a Use or sham Bid; C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and D. Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner. ARTICLE 5 — BASIS OF BID Bidder will complete the Work in accordance with the Contract Documents for the price(s) which are shown on the bidding schedule located on the following pages. Unit Prices have been computed in accordance with Paragraph 11.03.13 of the General Conditions. The Owner shall have the right to alter details of construction as necessary for Project completion in a manner deemed by the Owner in its best interest. Such alteration may include increased or decreased quantities and may include deletion of all or portion of contract bid item work. All alterations having material affect on the contract shall be in writing. Any and all price adjustments to contract work items in the event of increased or decreased quantities of contract items are precluded. Payment provided shall be compensation in full for increase or decreased quantities. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities, determined as provided in the Contract Documents. Bid Form 0041 00-2 ARTICLE 6 — TIME OF COMPLETION 6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 14.07.13 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the Contract Times. ARTICLE 7 — ATTACHMENTS TO THIS BID 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid security in the form of Bid Bond or Cashier's Check. B. List of Proposed Subcontractors C. List of Proposed Suppliers D. Affidavit of Non -Collusion ARTICLE 8 — DEFINED TERMS 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. ARTICLE 9 — BID SUBMITTAL 9.01 This Bid submitted by: If Bidder is: An Individual Name (typed or printed): By: (SEAL) (Individual's signature) Doing business as: A Partnership Partnership Name: By: (Signature of general partner — attach evidence of authority to sign) Name (typed or printed): A Corporation Corporation Name: State of Incorporation: Type (General Business, Professional, Service, Limited Liability): (SEAL) (SEAL) Bid Form 0041004 By: (Signature — attach evidence of authority to sign) Name (typed or printed): Title: Attest: (Signature of Corporate Secretary) Date of Qualification to do business in A Joint Venture Name of Joint Venturer: First Joint Venturer Name: By: (CORPORATE SEAL) [State Where Project is Located] is \ \ (Signature of first joint venture partner — attach evidence of authority to sign) Naive (typed or printed): Title: Second Joint Venturer Name: By: (SEAL) (SEAL) (Signature of second joint venture partner — attach evidence of authority to sign) Name (typed or printed): Title: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.) Bidder's Business address: Phone: Submitted on State Contractor License No. Facsimile: , 200 . (If applicable) Bid Form 00 41 00-5 NAME _ ADDRESS CITY NAME ADDRESS CITY NAME _ ADDRESS CITY NAME ADDRESS CITY NAME ADDRESS CITY NAME ADDRESS CITY DOCUMENT 00 43 36 TABULATION OF SUBCONTRACTORS TELEPHONE NO. TYPE OF CONSTRUCTION TELEPHONE NO. TYPE OF CONSTRUCTION TELEPHONE NO. TYPE OF CONSTRUCTION TELEPHONE NO. TYPE OF CONSTRUCTION TELEPHONE NO. TYPE OF CONSTRUCTION TELEPHONE NO. TYPE OF CONSTRUCTION Tabulation of Subcontractors 00 43 36-1 DOCUMENT 00 43 33 TABULATION OF SUPPLIERS NAME TELEPHONE NO. ADDRESS TYPE OF MATERIAL CITY NAME ADDRESS CITY NAME _ ADDRESS CITY NAME ADDRESS CITY NAME _ ADDRESS CITY NAME ADDRESS CITY TELEPHONE NO. _ TYPE OF MATERIAL TELEPHONE NO. TYPE OF MATERIAL TELEPHONE NO. _ TYPE OF MATERIAL TELEPHONE NO. TYPE OF MATERIAL TELEPHONE NO. _ TYPE OF MATERIAL Tabulation of Suppliers 00 43 33-1 DOCUMENT 00 45 00 AFFIDAVIT OF NON -COLLUSION STATE OF MINNESOTA COUNTY OF WRIGHT I hereby swear (or affirm) under the penalty of perjury: That I am the Bidder (if the bidder is an individual), a partner in the Bidder (if the bidder is a partnership) or an officer or employee of the Bidder corporation having authority to sign on its behalf (if the bidder is a corporation); 2. That the attached bid or bids have been arrived at by the Bidder individually and have been submitted without collusion with, and without any agreement, understanding or planned common course of action designed to limit individual bidding or competition with any other prospective Bidder or vendor of any materials, supplies, equipment or services described in the invitation to bid; That the contents of the bid or bids have not been communicated by the Bidder or its employees or agents to any person not an employee or agent of the Bidder or its Surety on any bond furnished with the bid or bids, and will not be communicated to any such person, prior to any official opening of the bid or bids; and 4. That I have fully informed myself regarding the accuracy of the statements made in this affidavit. Subscribed and sworn to before me (Bidder) this day of , 2009. (Firm making bid or bids) Official Title Affidavit of Non -Collusion 00 45 00-1 DOCUMENT 00 5100 NOTICE OF AWARD TO: PROJECT DESCRIPTION: 2009 Street Maintenance Project The Owner for the referenced Project has considered the bid submitted by you for the above described work in response to its advertisement for bids dated April 28, 2009, and Instruction to Bidders. You are hereby notified that your bid has been accepted for items in the total amount of 1z You are required by the Instruction to Bidders to execute the Agreement and furnish the required Contractor's performance bond and payment bond within fifteen (15) Calendar Days from the date of receipt of this notice to you. If you fail to execute said Agreement and to furnish said bond within fifteen (15) days from the date of receipt of this notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned and as a forfeiture of your bid bond. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this notice of award to the Owner. Dated this day of 2009. (Owner) City of Otsego By Ronald J. Wagner, P.E. Title City Engineer ACCEPTANCE OF NOTICE: Receipt of the above Notice of Award is hereby acknowledged. M (Contractor) IM Title this the _ day of Notice of Award 00 51 00-1 DOCUMENT 00 52 00 STANDARD FORM OF AGREEMENT ("Owner") THIS AGREEMENT is by and between City of Otsego and ("Contractor") Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 — WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The work shall consist of all labor, materials and other elements necessary to furnish and install, complete -in-place, bituminous pavement reclamation, milling, overlaying, seal coating, pavement marking, site restoration, and clean-up while maintaining access to the area during construction. ARTICLE 2 — THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: City of Otsego 2009 Street Maintenance Project ARTICLE 3 — ENGINEER 3.01 The Project has been designed by Hakanson Anderson Associates, Inc. (Engineer), who is to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 — CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Dates for Substantial Completion and Final Payment A. The Work will be substantially completed, defined as the completion of the seal coating on or before July 15, 2009. Pavement marking, site restoration, and clean-up shall be completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions on or before August 1, 2009. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that Standard Form of Agreement 005200-1 as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner a daily charge for each day that expires after the time specified in Paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner daily charge for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. The daily charges will be based on the original contract value, and will be in the amount shown in the following table: TABLE OF LIQUIDATED DAMAGES Original Contract Amount Charge Per From More than To and Including Calendar Day M M M 0 25,000 150 25,000 100,000 300 100,000 500,000 600 500,000 1,000,000 1,000 1,000,000 2,000,000 1,500 2,000,000 5,000,000 2,000 5,000,000 10,000,000 3,000 10,000,000 ------ 3,500 ARTICLE 5 — CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to Paragraphs 5.0 LA below: A. For all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in Contractor's Bid. As provided in Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in Paragraph 9.07 of the General Conditions. Unit prices have been computed as provided in Paragraph 11.03 of the General Conditions. ESTIMATED TOTAL OF ALL UNIT PRICE WORK (use words) ARTICLE 6 — PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments (figure) A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment on or about the 151 day of each month during performance of the Work as provided in Paragraphs 6.02.A.1 and 6.02.A.2 below. All such payments will be measured by the schedule of values established as provided in Paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements: Standard Form of Agreement 00 52 00-2 1. Subject to the provisions of SC -14.2, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions: a. Ninety-five percent (95%) of Work completed (with the balance being retainage). b. Ninety-five percent (95%) of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. ARTICLE 7 — INTEREST 7.01 Not used. ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions. E. Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. F. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. Standard Form of Agreement 00 52 00-3 H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 — CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to 6 inclusive). 2. Performance bond (Document 00 61 11). 3. Payment bond (Document 00 61 13). 4. Notice to Proceed (Document 00 55 00). 5. General Conditions (pages 1 to 48, inclusive). 6. Supplementary Conditions (Document 00 73 00). 7. Specifications as listed in the table of contents of the Project Manual. 8. Drawings consisting of seven sheets with each sheet bearing the following general title: 2009 Street Maintenance Project; City of Otsego, Minnesota [or] the Drawings listed on attached sheet index. 9. Addenda (numbers to , inclusive). 10. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid (pages 1 to 5, inclusive). b. Documentation submitted by Contractor prior to Notice of Award (pages 1 to 1, inclusive). 11. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Work Change Directives. b. Change Order(s). B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. Standard Form of Agreement 00 52 00-4 D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. ARTICLE 10 —MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. . 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Standard Form of Agreement 005200-5 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in triplicate. One counterpart each has been delivered to Owner, Engineer and Contractor. All portions of the Contract Documents have been signed or identified by Owner and Contractor or on their behalf. This Agreement will be effective on the of (which is the Effective Date of the Agreement). OWNER: CONTRACTOR By: By: Title: Title: [CORPORATE SEAL] [CORPORATE SEAL] Attest: Attest: Title: Title: Address for giving notices: (If Owner is a corporation, attach evidence of authority to sign. If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Owner -Contractor Agreement.) Address for giving notices: License No.: (Where applicable) Agent for service of process: (If Contractor is a corporation or a partnership, attach evidence of authority to sign.) Standard Form of Agreement 00 52 00-6 DOCUMENT 00 55 00 NOTICE TO PROCEED TO DATE: PROJECT DESCRIPTION: 2009 Street Maintenance Project You are hereby notified to commence work in accordance with the Contract Agreement dated , 2009 on or after , 2009, and you are to complete the work within thirty (30) consecutive Calendar Days after construction commencement. The date of completion of all work shall be on or before August 1, 2009. By Ronald J. Wagner Title City Engineer Acceptance of Notice: Receipt of the above Notice to Proceed is hereby acknowledged by: , this the day of 2009. 0 Title Notice to Proceed 005500-1 r DOCUMENT 00 61 -11 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): OWNER (Name and Address): CONTRACT Date: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Contract Date): Amount: Modifications to this Bond Form: SURETY (Name and Address of Principal Place of Business): Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Company: (Seal) (Seal) Surety's Name and Corporate Seal Signature: _ Name and Title: (Space is provided below for signatures of additional parties, if required.) Lo Signature and Title: (Attach Power of Attorney) Attest: Signature and Title CONTRACTOR AS PRINCIPAL SURETY Company: (Seal) Surety's Name and Corporate Seal Signature: _ Name and Title: M Signature and Title: (Attach Power of Attorney) Attest: Signature and Title (Seal) Performance Bond 0061 11-1 I. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 2. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 3.1. 3. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 3.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 10 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 3.1; and 3.3 Owner has agreed to pay the Balance of the Contract Price to: I. Surety in accordance with the terms of the Contract; 2. Another contractor selected pursuant to Paragraph 4.3 to perform the Contract. 4. When Owner has satisfied the conditions of Paragraph 3, Surety shall promptly and at Surety's expense take one of the following actions: 4.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 4.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and Contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: I. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner, or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 5. If Surety does not proceed as provided in Paragraph 4 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 4.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. FOR INFORMATION ONLY — Name, Address and Telephone Surety Agency or Broker Owner's Representative (engineer or other party) 6. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 4.1, 4.2, or 4.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To a limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: 6.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 6.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions or failure to act of Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of Contractor. 7. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 8. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in thejurisdiction of the suit shall be applicable. 10. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. Definitions. 12.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 12.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 12.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or comply with the other terms thereof. Performance Bond 0061 11-2 DOCUMENT 00 6113 PAYMENT BOND Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): OWNER (Name and Address): CONTRACT Date: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Contract Date): Amount: Modifications to this Bond Form: SURETY (Name and Address of Principal Place of Business): Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Company: (Seal) (Seal) Signature: _ Name and Title: Surety's Name and Corporate Seal 0 Signature and Title: (Attach Power of Attorney) Attest: (Space is provided below for signatures of additional parties, Signature and Title if required.) CONTRACTOR AS PRINCIPAL SURETY Company: (Seal) Signature: _ Name and Title: Surety's Name and Corporate Seal IM Signature and Title: (Attach Power of Attorney) Attest: Signature and Title (Seal) Payment Bond 00 61 13-1 I. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment fumished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who fumislmed labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the addresses described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with Contractor: I. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 6.1 Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. FOR INFORMATION ONLY — Name, Address and Telephone Surety Agency or Broker Owner's Representative (engineer or other party) 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor famishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related Subcontracts, purchase orders and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's Subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were famished. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or comply with the other terns thereof. Payment Bond 0061 13-2 DOCUMENT 00 73 00 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. C- 700, 2001 Edition) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. SC -4.02 Delete Paragraphs 4.02.A and 4.02.B in their entirety and insert the following: A. No reports of explorations or tests of subsurface conditions at or contiguous to the Site are known to the Owner or Engineer. SC -4.04 Add the following new paragraph immediately after paragraph 4.04.B: C. Contractor shall notify "Gopher State One Call" at least 48 hour before starting excavation in accordance with state laws. SC -4.05 Delete Paragraphs 4.05.A in its entirety and insert the following: Engineer shall provide engineering surveys for construction, including alignment and grade, which in Engineer's judgement are necessary to enable Contractor to proceed with the Work. Contractor shall protect and preserve the established reference points, property monuments, survey stakes and marks, and shall make no changes or relocations without authorization from Engineer. The costs incurred in replacement of disturbed or lost reference points, property monuments, or survey stakes and marks shall be deducted from payments to Contractor in any case where the where the disturbance or loss is not directly attributed to an error or act of Engineer. Contractor shall provide Engineer forty-eight (48) hours written notice of the need for survey stakes. SC4.06 Delete Paragraphs 4.06.A and 4.06.B in their entirety and insert the following: A. No reports on drawings related to Hazardous Environmental Conditions are known to Owner or Engineer. B. Not Used. SC -5.04 Add the following new paragraph immediately after Paragraph 5.04.B: C. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Workers' Compensation, and related coverages under Paragraphs 5.04.A.1 and A.2 of the General Conditions: a. State: Statutory b. Applicable Federal (e.g., Longshoreman's): Statutory c. Employer's Liability: $500,000.00 2. Contractor's General Liability under Paragraphs 5.04.A.3 through A.6 of the General Conditions which shall include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor: a. General Aggregate $2,000,000.00 Supplementary Conditions 00 73 00-1 b. Products - Completed Operations Aggregate $1,000,000.00 c. Personal and Advertising Injury $1,000,000.00 d. Each Occurrence (Bodily Injury and Property Damage) $1,000,000.00 e. Property Damage liability insurance will provide Explosion, Collapse, and Under -ground coverages where applicable. f. Excess or Umbrella Liability 1) General Aggregate $5,000,000.00 2) Each Occurrence $5,000,000.00 3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: a. Bodily Injury: Each person $500,000.00 Each Accident $1,000,000.00 b. Property Damage: Each Accident $500,000.00 c. Combined Single Limit of $1,000,000.00 4. The Contractual Liability coverage required by Paragraph 5.04.B.4 of the General Conditions shall provide coverage for not less than the following amounts: a. Bodily Injury: Each person Each Accident $1,000,000.00 $1,000,000.00 b. Property Damage: Each Accident $1,000,000.00 Annual Aggregate $1,000,000.00 5. Owner and Engineer shall be named and listed as additional insureds. SC -5.06.A. Delete Paragraph 5.06.A in its entirety and insert the following in its place: A. Contractor shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof. 1. This insurance shall: a. include the interests of Owner, Contractor, Subcontractors, Engineer and any other individuals or entities identified herein, and the officers, directors, partners, employees, agents and other consultants and subcontractors of any of them each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; b. in addition to the individuals and entities specified, include as additional insureds, the following: Supplementary Conditions 00 73 00-2 1) No additional insureds required c. be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Work, temporary buildings, falsework, and materials and equipment in transit and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions; d. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); e. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; ff, allow for partial utilization of the Work by Owner; g. include testing and startup; and h. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor and Engineer with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. 2. Contractor shall be responsible for any deductible or self-insured retention. 3. The policies of insurance required to be purchased and maintained by Contractor in accordance with this Paragraph SC -5.06.A shall comply with the requirements of paragraph 5.06.0 of the General Conditions. Delete Paragraph 5.06.E in its entirety SC -6.02.B. Delete Paragraph 6.02.B in its entirety and insert the following in its place: B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours which are considered to be from 7:00a.m. to 7:00 p.m. an Monday through Friday, and 8:00 a.m. to 5:00 p.m. on Saturday. Contractor will not permit the performance of Work on a Sunday or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. SC -14.02.A. Add the following new paragraph immediately after paragraph 14.02.A3 : 4. Non -Minnesota Contractors are advised to file form SD -E with the Minnesota Department of Revenue to determine their exemption status from the 8 percent surety deposit requirements. If Contractor is not exempt, the 8 percent surety deposit will be withheld from each payment made to Contractor. Such withholding is in addition to any retainage stipulated in the Agreement. SC -14.06 Add the following language after the second sentence of paragraph 14.06.A: If, after such measures are taken, subsequent inspections by Engineer reveal that any previously identified particulars remain incomplete or defective, Engineer will again notify Contractor in writing of the remaining particulars. Owner shall be entitled to recover all costs associated with any subsequent inspections. Supplementary Conditions 00 73 00-3 DIVISION 1 DIVISION 1- GENERAL REQUIREMENTS INDEX SECTION TITLE PAGE 01 41 00 Regulatory Requirements DVI -1 01 4200 Specification Reference DVI -2 01 5500 Maintenance of Traffic and Traffic Control DVI -3 01 5700 Air, Land and Water Pollution DVI -6 SECTION 01 41 00 REGULATORY REQUIREMENTS PART 1— GENERAL 1.01 SUMMARY This Section lists those permits referred to in the General Conditions, Section 6.09 that are applicable to this project. The owner does not anticipate any permits will be required to complete this project. PART 2 — PRODUCTS (Not used) PART 3 — EXECUTION (Not used) Division 1 — General Requirements DVI -1 SECTION 0142 00 SPECIFICATION REFERENCE PART 1 — GENERAL 1.1 GRADING, STREET AND SURFACE IMPROVEMENTS A. All of Divisions II and III, and any specifically referenced Division I sections of the Minnesota Department of Transportation (MnDOT), "Standard Specifications for Construction", 2005 Edition, together with all the Supplemental Specifications shall apply to all construction performed under this Contract except as modified in these Specifications. Unless noted, the requirements in the Specifications are in addition to the MnDOT Specification section being referenced. B. Whenever the word "Contracting Authority," "Department" or "Owner" is used in the sense of ownership as part of these Specifications and Contract, it shall mean Owner as defined in the Form of Agreement. C. References to the standard specification shall serve to supplement or modify the referenced specification. Portions of referenced specifications not specifically affected by the supplemented information of modification shall remain in effect as originally written. 1.2 ABBREVIATIONS A. Wherever the following abbreviations are used, they shall have the meanings indicated. AASHTO American Association of the State Highway and Transportation Officials ACI American Concrete Institute Al The Asphalt Institute ASTM American Society for Testing and Materials AWWA American Water Works Association CEAM City Engineer's Association of Minnesota CLFMI Chain Link Fence Manufacturers Institute MN/DOT Minnesota Department of Transportation OSHA Occupational Safety and Health Act of 1970 PCA Portland Cement Association PART 2 — PRODUCTS (Not used) PART 3 — EXECUTION (Not used) Division 1 —General Requirements DVI -2 SECTION 0155 00 MAINTENANCE OF TRAFFIC AND TRAFFIC CONTROL - PART 1— GENERAL All traffic control devices shall conform and be installed in accordance to the "Minnesota Manual on Uniform Traffic Control Devices" (MN MUTCD) and Part VI, "Field Manual for Temporary Traffic Control Zone Layouts", the "Guide to Establishing Speed Limits in Highway Work Zones", the Minnesota Flagging Handbook, the provisions of Mn/DOT 1404 and 1710, the Minnesota Standard Signs Manuals Parts I and II, the Traffic Engineering Manual, the Traffic Control Layouts/Typical Traffic Control Layouts in the Plans, and these Special Provisions. The Contractor shall furnish, install, maintain, and remove all traffic control devices required to provide safe movement of vehicular traffic through the Project during the life of the Contract from the start of Contract operations to the final completion thereof. The Engineer will have the right to modify the requirements for traffic control as deemed necessary due to existing field conditions. The highways shall be kept open to traffic at all times, except as modified below. Traffic control devices include, but are not limited to, barricades, warning signs, trailers, flashers, cones, drums, pavement markings and flagmen as required and sufficient barricade weights to maintain barricade stability. 1.01 TRAFFIC CONTROL (A) The Contractor shall be responsible for the immediate repair or replacement of all traffic control devices that become damaged, moved or destroyed, of all lights that cease to function properly, and of all barricade weights that are damaged, destroyed, or otherwise fail to stabilize the barricades. The Contractor shall further provide sufficient surveillance of all traffic control devices at least once every 24 hours. The Contractor shall furnish names, addresses, and phone numbers of at least two (2) individuals responsible for the placement and maintenance of traffic control devices. These individuals shall be "on call" 24 hours per day, seven days per week during the times any traffic control devices, furnished and installed by the Contractor, are in place. The required information shall be submitted to the Engineer at the Pre -construction Conference. (B) The Contractor shall notify the Engineer in writing at least 72 hours prior to the start of any construction operation that will necessitate lane closure or internal traffic control signing. (C) The Contractor shall inspect, on a daily basis, all traffic control devices, which the Contractor has furnished and installed, and verify that the devices are placed in accordance with the Traffic Control Layouts, these Special Provisions, and/or the MN MUTCD. Any discrepancy between the placement and the required placement shall be immediately corrected. The Contractor shall be required to respond immediately to any call from the Engineer or his designated representative concerning any request for improving or correcting traffic control devices. If the Contractor is negligent in correcting the deficiency within one hour of notification the Contractor shall be subject to an hourly charge assessed at a rate of $250.00 per hour for each hour or any portion thereof with which the Engineer determines that the Contractor has not complied. (D) Measurement and Pam No measurement will be made of the various Items that constitute Traffic Control but all such work will be construed to be included in the single Lump Sum payment under Item 2563.601 (Traffic Control). Any warning lights shall be on the list of approved lights which may be obtained by contacting: Division 1 —General Requirements DVI -3 Vehicle Warning Lights Office of Construction MS650 Transportation Bldg. OR by calling: (651)366-4216 395 John Ireland Blvd. St. Paul, MN 55155 This list is updated periodically. Warning light suppliers and manufacturers may contact the above for information on adding new products to the list. 1.02 MAINTENANCE AND STAGING OF TRAFFIC CONTROL (A) The Contractor shall maintain, at all times, traffic movement and local access. Traffic may be restricted to one lane with proper signing and flagging. (B) The Contractor shall notify the Wright County Sheriff and the local fire department prior to commencing construction that will restrict traffic in a traveled roadway and shall again notify upon full re -opening of the roadway to traffic. 1.03 FLAGGER TRAINING Any person acting as a flagger on this Project shall have attended a training session taught by a Contractor's qualified trainer. The Contractor's qualified trainer shall have completed a "Mn/DOT Flagger Train the Trainer Session" in the five years previous to the start date of this Contract and shall be on file as a qualified flagger trainer with the Department. The Flagger Trainer's name and Qualification Number shall be furnished by the Contractor at the pre - construction meeting. The Contractor shall provide all flaggers with the Mn/DOT Flagger Handbook and shall observe the rules and regulations contained therein. This handbook shall be in the possession of all flaggers while flagging on the Project. The Contractor shall obtain handbooks from the Department. Flaggers shall not be assigned other duties while working as authorized flaggers. The "Checklist for Flagger training" form shall be furnished to the Engineer any time a new flagger reports to work on the Project. The "Checklist for Flagger Training" form can be found at: littp://www.dot.state.mn.us/const/wzs/flaggerchecklist%20.pdf. The Engineer will have the right to waive the above requirements. 1.04 TEMPORARY LANE CLOSURE REQUIREMENTS: (A) Unless otherwise appro,, cd by the Engineer, any temporary lane closure that is adjacent to traffic, and is extending to or beyond 300 in [1000 feet] shall have a minimum of one Type III barricade, or 3 drums, placed in the closed lane for every 300 in [1000 feet] of extension. Any lane closure that is adjacent to traffic and inplace 3 days or more, shall use the Type III barricade only. Access to local traffic shall be maintained at all times. (B) Temporary lane closures or other restrictions by the Contractor, during work hours and consistent with the time restrictions, will be permitted during those hours and at those locations approved by the Engineer. Requests for temporary lane closures shall be made at least 24 hours prior to such closures. When a temporary lane closure is used by the Contractor, the closure shall be incidental work and no direct compensation will be made therefore. (C) The Contractor shall furnish flag persons as required to adequately control traffic. Flag persons shall conform to the requirements set forth in the MN MUTCD. All costs incurred to provide such flag persons shall be incidental to the lump sum traffic control. 1.05 GENERAL REQUIREMENTS: (A) All portable sign assemblies shall be perpendicular to the ground. No traffic control device (signs, channelizing devices, arrowboards, etc.) shall be weighted so they become hazardous to motorists and workers. The approved ballast system for devices mounted on temporary portable supports is sandbags, unless it is designed, crash tested, and approved for the specific device. During freezing conditions, the sand for bags shall be mixed with a de-icer to prevent the Division i — General Requirements DV1-4 sand from freezing. The sandbags shall be placed and maintained at the base of the traffic control device to the satisfaction of the Engineer. (B) All temporary rigid orange warning and rigid orange guide signs shall be fabricated with either Type HP FLO (High Performance Fluorescent Sign Sheeting for Rigid Temporary or Permanent Signs) or Sign Sheeting for Rigid Temporary Fluorescent Orange Signs, and Markers (Type IX FLO). All rigid signs installed, other than those with orange backgrounds, on a temporary basis shall be fabricated with Type HP (High Performance Sheeting for Rigid Permanent Signs) or Sign Sheeting for Rigid Permanent Signs, Delineators, and Markers (Type IX). Inplace signs that still apply during temporary operations may remain in place with no change in sign sheeting required. Barricades fabricated with either ASTM Type VII, Sign Sheeting for Rigid Temporary Signs or Type HP (High Performance Sheeting for Rigid Permanent Signs) may be intermixed and used on any project until the January 1, 2010 implementation date. The retroreflective sheeting types and qualified products used for temporary signs and barricades can be found at: httD://www.dot.state.mn.us/trafficenP/products/MnDOTapprovedproductlist.xIs. 1.06 MILLING SEALCOATING, AND PAVING OPERATIONS (A) When traffic is allowed to drive on the sealed surface, the Contractor shall furnish and install "LOOSE GRAVEL" and "FRESH OIL" signs with "Advisory Speed" plates at locations determined by the Engineer. Payment for these signs shall be included in the lump sum payment for traffic control. PART 2 — PRODUCTS (Not used) PART 3 — EXECUTION (Not used) Division 1 —General Requirements DVI -5 SECTION 0157 00 AIR, LAND AND WATER POLLUTION PART 1— GENERAL Pollution of the natural resources of air, land and water by operations under this contract shall be prevented, controlled, minimized and abated in accordance with the provisions of MN/DOT 1717 as modified below. PART 2 — PRODUCTS (Not used) PART 3 — EXECUTION (Not used) Division 1 —General Requirements DVI -6 DIVISION 2 DIVISION 2 - TECHNICAL REQUIREMENTS INDEX ITEM MN/DOT SPECIFICATION NO. AND TITLE PAGE S-1 (2356) BITUMINOUS SEAL COAT..........................................................................................................DV2-1 S-2 (2582) PERMANENT PAVEMENT MARKINGS.................................................................................... DV24 S-3 (3591) HIGH SOLIDS WATER BASED TRAFFIC PAINT..................................................................... DV2-5 S-4 (3592) DROP -ON GLASS BEADS............................................................................................................ DV2-5 S-1 (2356) BITUMINOUS SEAL COAT Mn/DOT 2356 is deleted and replaced by the following: S-1.1 DESCRIPTION Construct a seal coat on a prepared surface. A seal coat is the application of bituminous material, followed immediately by an application of a single layer of aggregates. Fog seal the completed seal coat. S-1.2 MATERIALS A. Bituminous Material 1. Provide CRS -2P, bituminous material for seal coat. The CRS -2P, bituminous material for seal coat shall meet the following requirements for the type and grade specified. Only Bituminous Material supplied from a certified source is approved for use. A list of certified sources is on file at the Chemical Laboratory. a. Emulsified Asphalt The emulsified asphalt shall meet the requirements of AASHTO M-316-99 CRS -2P subject to the following modification. (1) The CRS -2P shall be distilled at 400°F for 20 minutes. (2) Polymer -Modified Cationic Emulsified Asphalt, (CRS -2P) shall be produced by using polymer modified base asphalt only. The use of Latex modification shall not be allowed. Any emulsion not meeting this requirement shall not be used. B. Seal Coat The seal coat aggregate shall be FA -2 Class A 1/8" Traprock (Class C aggregate if Alternate Bid is approved). Class A aggregate shall meet Mn/DOT 3137.2B. Use aggregates, uniform in quality and free from wood, bark, roots and other deleterious materials. All Class C aggregates shall be 80% crushed one face (mechanical or natural), of the plus 4.75 mm [#4] fraction (use Mn/DOT Laboratory Manual Method 1214). Gradation and quality requirements are specified in Table 1. All percentages are by weight. Table 1 (Values are the percent passing the sieve). Sieve Size FA -1 FA -2 FA- 2 1/2 FA -3 FA -3 1/2 QC range 12.5 mm [1/2 inch] 100 100 100 100 100 9.5 mm [3/8 inch] 100 100 100 100 90-100 ±5% 6.3 mm [1/4 inch] 100 100 0-80 0-70 0-70 ±7% 4.75 mm [# 4] 0-100 0-100 0-50 0-25 0-25 ±7% 2.36 mm [# 8] --- 0-40 0-12 0-5 0-5 ±4% 1.18 mm [# 16] 0-30 0-10 0-5 --- --- ±4% 300 µm [# 50] 0-15 0-5 --- --- ±4% 150 µm [# 100] 0-5 1 --- --- --- ±4% 75 gm # 200 0.0-1.0 0.0-1.0 0.0-1.0 0.0-1.0 0.0-1.0 Material Tests % Shale, max. Mn/DOT 1209 5 5 5 3 2 Flakiness Index, max. %, FHL T 508' N/A 25 25 25 25 Los Angeles Rattler, max. % loss, AASHTO T 96 (Mn/DOT modified 35 35 ' Aggregate retained on each sieve, which comprises at least 4 percent of the total sample shall be tested. Division 2 —Technical Requirements DV24 C. Water Use potable water, compatible with the seal coat S-1.3 SEAL COAT DESIGN The quantity on the Plans for bituminous material for seal coat is for estimating and bidding purposes only unless specifically changed by the Engineer. The bituminous material for seal coat shall be applied at a rate of 0.22 gallons per square yard. The aggregate for seal coat shall be applied at a rate of 20-22# per square yard. The application rates may be altered with Engineer approval. Schedule of Price Reduction for Seal Coat Construction. Failing gradations will result in a price reduction. The Contract bid price for seal coat will be reduced 1 percent, for each 1 percent passing outside of the requirements for any sieve, except the 75 µm [# 200] sieve. The 75 µm [# 200] sieve will have I percent price reduction for each 0.1 percent outside of the specification. All failing results will be added together. These deductions apply to the specification range in Table 1. If any gradations fall outside of the quality control range but within specifications, stop construction and a new design will be required. Failing flakiness tests will result in a $1,000 reduction for each failing test. S-1.4 EQUIPMENT A. Distributor Use a distributor as specified in Mn/DOT 2321.3C1. B. Aggregate Spreader Use a self-propelled mechanical type aggregate spreader capable of distributing the aggregate uniformly to the required width and at the designed rate. Use a self-propelled type mounted on pneumatic -tired wheels. C. Pneumatic -Tired Rollers Provide a minimum of three (3) self- propelled pneumatic -tired rollers as specified in Mn/DOT 2321.3C2. D. Brooms Provide motorized brooms with a positive means of controlling vertical pressure and capable of cleaning the road surface prior to spraying bituminous material and removing loose aggregate after seal coating. S-1.5 CONSTRUCTION REQUIREMENTS A. Weather Limitations Construct seal coat operations (including traffic restrictions on the freshly constructed seal coat) and fog sealing according to the following: (1) Not before May 15 or after August 10, for the part of Minnesota located in the North and North- Central Road Spring Restriction Zone. Not before May 15 or after August 31, for the part of Minnesota located south of the North and North-Central Spring Road Restriction Zone. (2) Work only during daylight hours. (3) Start when the pavement and air temperature are 15.5 °C [60 °F] and rising. (4) The road surface may be damp. There shall be no standing water. (5) No construction is allowed in foggy weather. B. Road Surface Preparation Clean all pavements to be seal coated. Sweep the pavement with a motorized broom to remove loose material. Clean depressions not reached by the power broom, using hand brooming. Application of seal coat areas shall include intersections to the extent marked up in the field by the Engineer. Division 2—Technical Requirements DV2-2 Cover iron (manholes, gate valve covers, catch basins, sensors, etc.) to prevent adherence of the bituminous material. Suitable covering includes plywood disks, sand, Kraft paper, roofing felt or other approved methods. Remove the protective coverings before opening the road to traffic. Apply a tack coat, if required, to the prepared road surface in accordance with Mn/DOT 2357. No direct payment will be made for the application of the tack coat. C. Application of Bituminous Material Begin the rate of application for the bituminous material as determined by the seal coat design. Construct a test strip 30 meters [100 feet] long to ensure the bituminous material application rate is adequate. After applying the bituminous material to this test strip, place the seal coat aggregate at the design application rate. Inspect the aggregate in the wheel paths for proper embedment. Make adjustments to the rate of application, if necessary. Construct one full lane width at a time. Make additional adjustments to the rate of application during the Project, if needed. Apply the bituminous material above the minimum limits specified below: Bituminous Material Minimum Temperature Ideal Temperature CRS -2P 1 60° C [140° F]* 76.6-82.2° C [170-180° F] * Intended for uniform lay down of emulsion. D. Application of Seal Coat Prior to construction, calibrate the aggregate spreader in accordance with ASTM D5624, in the presence of the Engineer. The allowable deviation in the amount of aggregate spread on each of the rubber mats shall not exceed t0.5 kg/m2 [t 1 pound per square yard] in the transverse direction, or f 0.5 kg/m2 [t 1 pound per square yard] in the longitudinal direction, from the design application rate. Provide uniformly moistened aggregates, which are damp at the time of placement. Immediately (within one minute) after the bituminous material has been sprayed, apply the aggregates. The speed of the spreader shall be such that the aggregates are not rolling over, and starting and stopping of the spreader is minimized. The edges of the aggregate applications shall be sharply defined. Previously used (sweeping) aggregates will not be allowed. E. Rolling Operations Complete the initial rolling within 2 minutes after applying the aggregate. Proceed at a recommended speed less than or equal to 8 km per hour [5 miles per hour], to prevent turning over aggregate. Make a minimum of three complete passes over the aggregate. Roll the aggregate so the entire width of the treatment area is covered in one pass of all the rollers. The total compacting width of each pneumatic -tired roller shall exceed 1.5 m [5 feet]. F. Sweeping Sweep off the surplus aggregate on the same day of the seal coat construction. Sweep with care to not dislodge aggregate that is setting. Re -sweep areas the day after the initial sweeping. The Contractor will dispose of the surplus seal coat aggregate in a manner satisfactory to the Engineer. G. Protection of the Surface No traffic is permitted on the seal coated road surface until after the specified rolling has been completed and the bituminous material has set and will not pick up on vehicle tires. H. Protection of Motor Vehicles The Contractor is responsible for claims of damage to vehicles until the roadways and shoulders have been swept free of lose aggregate and permanent pavement markings have been applied. If permanent pavement markings are to be applied by State forces, the Contractor's responsibility end's after completion of the fog seal and placement of temporary pavement markings. Division 2 —Technical Requirements DV2-3 S-1.6 METHOD OF MEASUREMENT A. Bituminous Material Measure the bituminous material for seal coat by volume, at 15 °C [60 °F], Gallons. B. Seal Coat Aggregate Measure the seal coat aggregate by mass of aggregate used, Tons. S-1.7 BASIS OF PAYMENT (A) Payment for bituminous material for fog seal: as specified in Mn/DOT 2355.5. (B) Payment for the accepted quantity of bituminous material for seal coat (including any required additives) at the Contract bid price of measure is compensation in full for all costs of furnishing and applying the material as specified. (C) Payment for the accepted quantity of seal coat at the Contract bid unit price of measure is compensation in full for all costs of furnishing and applying the material as specified, including cleaning the existing pavement, stationing, purchasing of aggregate, delivery of aggregate, all labor, equipment, and materials necessary for the placement of the seal coat for full lane coverage, sweeping of any loose aggregate after construction and other requirements as specified. (D) Payment will be made in accordance with the schedule set forth below at the Contract bid price for the specified unit of measure. Such payment, in each instance, is compensation in full for all costs incidental thereto. Item No. Item Unit 2356.505 Bituminous Material for Seal Coat..............................................................................Liter [Gallon] 2356.604 Bituminous Seal Coat Aggregate................................................................................................Ton] S-2 (2582) PERMANENT PAVEMENT MARKINGS The provisions of Mn/DOT 2582 are hereby modified and/or supplemented with the following: S-2.1 The provisions of Mn/DOT 2582.2 are hereby deleted and replaced with the following: A Preformed Plastic Markings for Permanent Traffic Lane Delineation andLegends.................................................................................................................3354 B Epoxy Resin Pavement Markings (Free of Toxic Heavy Metals)..........................................3590 C High Solids Water -Based Traffic Paint...................................................................................3591 DDrop -On Glass Beads................................................................................................................3592 Qualified materials can be found on Mn/DOT's Qualified Products List on the Office of Traffic, Safety and Operations website. Other materials may be used on a provisional basis as detailed in the QPL process and as approved by the Engineer. Type of material used will be as specified by Contract Documents. S-2.2 Mn/DOT 2582.3A2 is hereby deleted. S-2.3 The following is hereby added to Mn/DOT 2582.3B, Application: The Contractor shall be responsible for placing tabs on existing pavement marking in sufficient intervals to be able to duplicate the existing markings after the seal coat has been placed. All tabs shall be removed by cutting tabs to the road surface level after all markings have been placed. Placement and removal of tabs shall be considered incidental to the placement of pavement markings. S-2.4 The provisions of Mn/DOT 2582.5 are hereby deleted and replaced with the following: 2582.5 BASIS OF PAYMENT Division 2 — Technical Requirements D V 2-4 Payment for pavement markings installed at Contract prices per unit of material shall be compensation in full for all costs incurred in materials, traffic control, installation, surface preparation, use of primers, in accordance to Contract documents or as approved by the Engineer. ITEM NO. ITEM UNIT 2582.501 Pavement Message (1) (2)..............................................................................Each 2582.502 _ mm (_inch) width (3) (4) (2) ............................................ meter (linear foot) 2582.503 Crosswalk Marking (2) ................................................. square meter (square foot) 2582.503 (1) Specify Message (2) Specify Material (3) Specified Type of Line (Solid, Broken or Dotted) (4) Specify Color S-3 (3591) HIGH SOLIDS WATER BASED TRAFFIC PAINT The following is hereby added to Mn/DOT 3591.2 C: C5 Glass beads shall be applied immediately after application of a paint line at a rate of 960 gram per Liter (8 pounds per gallon). Beads shall be evenly distributed on pavement. All material shall be placed in a workmanlike manner, which shall result in a clearly defined line that has been adequately reflectorized with glass beads. S-4 (3592) DROP -ON GLASS BEADS The provisions of Mn/DOT 3592.3 are hereby deleted and replaced with the following: 3592.3 SPECIFIC REQUIREMENTS Glass beads shall meet the requirements of AASHTO M247, Type I, "standard gradation" except the beads will have a minimum of 80 percent true spheres. The dual treated beads will meet the moisture resistant requirements of AASHTO M 247 Section 4.4.2 and pass the adherence treatment Dansyl Chloride Test. The moisture resistant silicone treated beads will meet AASHTO M 247 Section 4.2.2. Division 2—Technical Requirements DV2-5 ITEM -10-1 Hakanson 30 IIIAnderson 3601 Thurston Avenue, Anoka, MN 55303 ASSOC.,InC. Phone: 763/427-5860 Fax: 763/427-0520 MEMORANDUM To: Honorable Mayor and City Council CC: Mike Robertson, City Administrator Tami Loff, City Clerk Ronald Wagner, P.E. City Engineer Daniel Licht, City Planner Aaron Corrick, Property Owner FROM: Brent Larson, P.E. Assistant City Engineer DATE: April 20, 2009 RE: Kittredge Crossing 2°d Addition Easement Vacation: Lot 1, Block 2 (7495 Kahler Ct.) We have reviewed the request to vacate a portion of the easement along the side and rear lot lines of Lot 1, Block 2 in Kittredge Crossing 2°d Addition. The existing easements are in place to cover a storm sewer line along the side of the lot and the 100 -year High Water Level (HWL) of the stormwater pond in the rear of the lot. The storm sewer line runs along the north property line and angles near the rear of the property to discharge into the pond. Typically all utilities are covered by a 20 foot wide easement to allow access to the pipes if necessary. The storm sewer pipe is only 3-4 feet deep where the proposed easement is proposed to be vacated therefore reducing the easement to 10 feet wide centered on the pipe in this area will still allow access and maintenance of the pipe. Easements are provided around all ponds up to their 100 -year HWL elevations and along drainage swales. These easements ensure that the adjacent land owners at cannot fill in the ponds or swales or place structures within these easements. Altering drainage swales or ponds volumes can adversely affect other adjacent properties. In this case, the property owner does not intend to do any regrading of the vacated easement area and so there will be no impact on the pond's HWL or the drainage swale. However, by vacating a portion of an existing stormwater pond or drainage easement a property owner could place fill within this vacated area and affect the surrounding area. In most cases, placing fill along a pond for a single lot this change maybe negligible and have no effect on the pond's HWL or function, but if more and more property owners were to fill in these areas the ponds may cease to function properly and could cause flooding in other areas. We recommend when considering easement vacations that the City require a "No Net Volume Loss" as a condition of approval. Basically this would require that if the property owner ever placed fill within the designed 100 -year HWL area, the property owner must balance the fill with cut so that there is no volume loss in the pond (see attached exhibit). If you have any questions or comments please call me at 763-427-5860. OT901 KC Easement Vacation PROPOSED DESCRIPTION OF EASEMENT VACATION: Lot 1, Block 2, KITTREDGE CROSSINGS 2ND ADDITION, Wright County, Minnesota. That part of the drainage and utility easement as dedicated upon Lot 1, Block 2, KITTREDGE CROSSINGS 2ND ADDITION, Wright County, Minnesota, according to the recorded plat thereof, which lies southerly of the north 10.00 feet of said Lot 1 and northerly of the south 10.00 feet of said Lot 1. Said easement to be vacated is described as follows: Commencing at the Northeast corner of said Lot 1; thence along the northerly line of said Lot 1, on an assumed bearing of North 84 degrees 54 minutes 14 seconds West a distance of 71.00 feet to a point on the northerly extension of the easterly line of said easement, said point also being the point of beginning; thence South 63 degrees 51 minutes 38 seconds West along the easterly line of said existing easement a distance of 44.44 feet; thence South 5 degrees 05 minutes 46 seconds West a distance of 71.96 feet to a point on the southerly line of said Lot 1; thence North 84 degrees 54 minutes 14 seconds West along the said south line a distance of 7.00 feet; thence North 5 degrees 05 minutes 46 seconds East a distance of 73.56 feet; thence North 63 degrees 51 minutes 38 seconds East a distance of 41.35 feet to a point on the northerly line of said Lot 1; thence South 84 degrees 54 minutes 14 seconds East along the north line of said Lot 1 a distance of 9.64 feet to the point of beginning. v ]IV I\LI VULUML LUJJ 1w 10,EXHIBIT KITTREDGE CROSSING: EASEMENT VACATION �a NOT TO SCALE Y I T E M Family Owned Since 1885 THE SANK op ELK RIVER Member FDIC REMOTE DEPOSIT/CAPTURE AGREEMENT This Remote Deposit/Capture Agreement is made and entered this day of 20 by The Bank of Elk River (herein "The Bank"), a Minnesota state chartered bank, and (the "Customer"). WHEREAS, the Customer has authorized The Bank to provide certain electronic capture services (BankER Remote) to the Customer as herein described; WHEREAS, the Customer receives payments by paper checks from its Customers (the "Indirect Customers"); and WHEREAS, The Bank has agreed to provide such services to the Customer on the terms and conditions herein described. NOW, THEREFORE., in consideration of the mutual promises herein contained, the parties agree as follows: 1) GENERAL The Customer has requested that The Bank allow them to present check images and electronic deposit tickets in lieu of the original checks when making deposits. The Customer agrees to purchase and configure equipment and software according to the requirements of The Bank, as well as providing telecommunications services to connect to BankER Remote (collectively herein the "Program"). Images captured will be transmitted to The Bank, processed by The Bank and then sent to the Federal Reserve and/or a correspondent check clearing network, enabling The Customer to clear their daily check deposits electronically as images, instead of physically transporting the checks to a local branch. When necessary, The Bank will prepare Substitute Checks (as that term is defined in the Check Clearing for the 21 st Century Act, also known as Check 21, and implemented through Reg. CC) to facilitate the deposit and collection of The Customer's items, electronically transmit to a third party processor, Select Payment ("EPS"), whose services are available to the Bank, and for EPS to use electronic information, including images, captured from these checks to process transactions through the Automated Clearing House (ACH) network (an "ACH Transaction" or "ACH Transfer") or as Image Replacement Documents (IRDs) as permitted under the Check for the 21st Century Act (`Check 21 Transactions') (collectively, the Services). The Services are provided by the Bank and its vendors for access and use by the Customer. The Bank of Elk River 8-16-2007 2) LAWS, RULES, AND REGULATIONS The Customer agrees to comply with all existing and future operating procedures used by The Bank for processing of transactions. The Customer further agrees to comply with all applicable state or federal laws, rules and regulations affecting the use of checks, drafts and ACH transactions, including but not limited to rules and procedural guidelines established by the Federal Trade Commission (FTC) and the National Automated Clearing House Association (NACHA). These laws, procedures, rules, regulations, and definitions (collectively the "Rules") shall be incorporated herein by reference. In the event of conflict between the terms of this Agreement and the Rules, the Rules will control the interpretation of this Agreement. The Customer will purchase a copy of the NACHA rules from The Bank at the time the Program is installed. 3) DEFINITIONS Image – An electronic rendition of the original check item. It includes both the front and the back of the checkand is printed in black and white. The image must be readable and re -producible. Banking day = Means any day that The Bank is open to conduct substantially all of its banking services, but shall not include Saturday, Sunday or bank holidays. Check — Shall have the definition set forth in Check 21. Check 21 — Means the Check Clearing for the 21 st Century Act, as well as Subpart D of Federal Reserve Board Regulation CC, and to the extent applicable, Subpart A. Substitute check – A check produced from an image as defined in Check 21 that included the front and back of the item along with a legend that states the iterri may be used in the same way as the original check. Item — Means a check, money order, cashier's check, official check, U.S. Treasury check, or any other payment instrument drawn on a financial institution within the United States from a Payor to The Customer that may be transmitted as either data or image, and where applicable in the context, includes the electronic image of the front and back of an item, in addition to other required information as EPSecified by The Bank from time to time, in the format EPSecified by The Bank from time to time. Notwithstanding the foregoing, it is understood that The Customer will only be transmitting electronic images of the front and back of items and not any paper items. Payor — Means consumers or businesses who make payments to The Customer by means of items, but The Customer shall not be a Payor. Service(s) — Means the EPSecific service(s) provided by The Bank, including electronic check conversion and image archive systems that allow the use of a Capture Device to obtain and transmit the front and back images of items and accompanying transaction data for the purpose of delivery to The Bank for clearing as an IRD. Services also include any applicable support services. The Bank of Elk River 2 8-16-2007 4) SCANNER AND PROGRAM The Customer will be required to purchase a scanner from The Bank. The Bank will provide the necessary information to EPS to ensure the scanner functions with the Program. The Customer will be responsible for all maintenance and repairs to the scanner. In the event the scanner is inoperable, the Customer will notify The Bank to purchase a replacement scanner. The Bank may provide the temporary use of a scanner to the Customer during repair or replacement time. The Bank is providing the Program to the Customer to allow the Customer to create Images of the paper checks received from Indirect Customers and to then transmit these Images electronically for the purpose of having ACH transactions or Check 21 transactions initiated. The Indirect Customers' accounts may be debited through such ACH Transactions, rather than the check clearing system. As such, the Indirect Customers will not receive their original cancelled paper checks through the check clearing system. These paper checks will be stamped "ELECTRONICALLY PROCESSED" by the Customer or the Scanner and will be retained by the Customer for a period of 60 days before being destroyed (shredded), unless the Indirect Customer presents the check in person; in which case the transaction by such direct presentment would be subject to POS rules requiring that the check be stamped and returned to the Indirect Customer. EPS will maintain the images of these checks for a period of seven years. Should the Customer or Indirect Customers need a check researched, EPS will provide the image from its archive during the record retention period. 5) THE CUSTOMER'S OBLIGATIONS TO INDIRECT CUSTOMERS As the Customer will be receiving the Indirect Customers' paper checks, and creating Images from these checks to process as ACH Transactions or Check 21 Transactions, and as the Customer will be retaining and then destroying the Indirect Customers' paper checks, the Customer must comply with the following responsibilities: a) Provide Notification to the Indirect Customer for ACH Transactions. The Customer must provide notice to the Indirect Customer that the paper checks will be converted to Images, and that the transaction will be completed as an ACH Transaction, when applicable. This notice may be included on an invoice sent by the Customer and must state that unless the Indirect Customer notifies the Customer not to process Indirect Customer's checks using The Services, those items will be converted to Images and processed using The Services. b) Retain Paper Checks after Converting to Images. Paper checks will be handled and retained as stated in Section 4 above. c) Compliance with Rules; No -Disclosure and Confidentiality. The Customer agrees both; (i) to comply with and (ii) cooperate and assist The Bank and its vendors in complying in a complete and timely The Bank of Elk River 3 8-16-2007 manner with the Rules. The Customer agrees to execute and deliver to The Bank all such instruments, as The Bank may from time to time reasonably deem necessary. The Customer shall not disclose to any third party other than The Bank, or any agent of the Customer for the purpose of assisting the Customer in completing a transaction, or as specifically required by law, any account information or other personal information. The Customer, in an area limited to select personnel, and prior to discarding, shall destroy in a manner rendering data unreadable all material containing account information after it has been retained for a period specified by the Rules. Certain applicable provisions of the NACHA Rules and each party's agreements and obligations with respect to those provisions, are attached to this Agreement as Exhibit A. The actual text of each NACHA Rule provided on Exhibit A is listed first in italics, with the agreements and obligations associated with that rule or regulation following in standard font. The selected provisions of the NACHA Rules listed on Exhibit A were included to stress their importance to the Entries involved in this Agreement; however, the failure to include a certain provision of the NACHA Rules on Exhibit A in no way minimizes its relevance to The Bank and / or the Customer, or relieves either party from its obligations to comply with such rule or regulation. 6) RIGHT TO USE PROGRAMILIMITED SUBLICENSE The Bank hereby grants to the Customer a non -transferable and non-exclusive sublicense for use of the Program, subject to the terms and conditions set forth in this Agreement. The Customer acknowledges and agrees that the Program is valuable, confidential, and proprietary property of EPS and agrees not to transfer, distribute, copy, reverse compile, modify or alter the Program. 7) DELIVERY AND INSTALLATION The Bank shall deliver to the Customer a Scanner and access to the Program. The Bank agrees to further provide instruction and consultation to assist the Customer in its initial installation of the Scanner and setup of the Program. 8) MAINTENANCE After delivery and installation of the Scanner and Program and until the termination of this Agreement pursuant to Section 8, The Bank will assist the Customer with technical support and other information for the operation and use of the Scanner and Program, and will provide to the Customer any modifications, refinements and enhancements to the Scanner or Program which EPS may hereafter implement and which The Bank has received notification from EPS. The Bank of Elk River 4 8-16-2007 9) TERM This Agreement is effective from the date the Scanner and the Program are received by the Customer and it may be terminated (i) upon thirty (30) days prior written notice by either party to the other at the then current address of record, (ii) upon termination of the account relationship between the parties, (iii) failure of the Customer to comply with the terms and conditions of this Agreement or (iv) any event which causes EPS to be unable to provide the Program to The Bank or the Customer. The Bank reserves the right to deny, suspend or revoke access to The Services immediately, in whole or in part, at its sole discretion, without notice, if The Bank believes the Customer and/or its authorized users are in breach of this Agreement or are otherwise using or accessing The Services inconsistent with the terms and conditions hereof. Further, The Bank or its subcontractor shall have the right to suspend The Service immediately in the event of an emergency or in the event of force majeure as set forth in The Service Agreement. The Customer agrees to return all written and/or electronic documentation relating to the Program to The Bank, together with all copies thereof, upon termination. The provisions of this Agreement protecting the proprietary rights of EPS and The Bank will continue in force after termination. 10) FEES The Customer agrees to pay the fees to purchase the Scanner and the Program at the rates specified by The Bank's Fee Schedule (Addendum 3). The Bank may change the fees charged to the account of the Customer any time during the term of this Agreement or to a consumer after providing 30 days written notice to the Customer. The Bank may deduct all fees due from any account of the Customer at The Bank. 11) ACCOUNT The Customer will maintain with The Bank at least one demand deposit or commercial checking account (the "Account(s)") for the purpose of providing available funds and for deposit of received funds in connection with the use of The Services. In addition to the terms of this Agreement, the Account will be subject to a separate Account Agreement. Unless The Bank otherwise requires the Customer to maintain collected funds, the Customer agrees to maintain sufficient available funds in the Account(s) to support any transaction initiated under The Services and to cover any fees the Customer is obligated to pay under this Agreement. If at any time there are not sufficient collected funds in the Account to cover all outstanding transactions and other payment obligations of the Customer under this Agreement, the Customer agrees to immediately pay The Bank, on demand, the amount of any deficiency in such outstanding transactions and obligations. The Bank may, without prior notice or demand, obtain payment from the Customer for any of its obligations under this Agreement by debiting any account of the Customer at The Bank. The Bank of Elk River 5 8-16-2007 12) RIGHT OF SETOFF The Customer hereby acknowledges and agrees that The Bank shall have a right of setoff against all fees, Returns and Refunds owed The Bank by the Customer under this Agreement. 13) AUTHORIZATION The Customer will provide to The Bank properly executed authorizations from the Customer (which may be designated by resolution executed in conjunction to the establishment of the Customer's deposit account), in a form acceptable to The Bank identifying by name and title the officers of the Customer who are authorized to sign this Agreement and perform the obligations of the Customer under this Agreement. In the absence of such authorizations, the Customer agrees that individuals authorized to sign on the Customer's deposit account are authorized to sign this Agreement and perform the obligations of the Customer under this Agreement. From time to time hereafter, the Customer may identify other persons who are authorized to provide instructions or directions to The Bank, to sign any document or instruction on behalf of the Customer relating to this Agreement, and to take any action on behalf of the Corporation, provided, however, that The Bank may rely upon, as authentic and duly authorized, any written or other communication from any person purporting to be an officer of the Corporation or other representative of the Corporation regardless of whether the Corporation shall have provided to The Bank any evidence of such person's authority. 14) ACCOUNT RECONCILIATION All transactions which result in a debit or credit to the Account initiated by the Customer using The Services will be reflected on the Customer's monthly account statements. The Customer will notify The Bank, within thirty (30) days after mailing of the account statements by The Bank of any discrepancies between the account statements and the Customer's records of transactions initiated through The Services. Failure of the Customer to notify The Bank within said time of any such discrepancies will preclude the Customer from asserting any claims for damages or other liabilities against The Bank due to such discrepancies. 15) ACH TRANSFERS The Customer acknowledges that once the paper checks are processed with the Scanner (and become Images), the transactions may be processed by The Bank and entered into the ACH network if appropriate. The transaction described on the Image (the "Entry" or "Entries") will be completed as an ACH Transaction. Without limitation of any other provision of this Agreement, the Rules shall govern the acceptance and liability for all ACH Transfer requests initiated in connection with The Services. This Agreement shall only govern those ACH Transfer Requests initiated through The Services. Any non -Services initiated request shall be governed by a separate ACH agreement between The Bank and the Customer. The Bank of Elk River 6 8-16-2007 16) ENTRIES The Customer shall be responsible for the accuracy and propriety of all Entries submitted to The Bank for processing, as well as responsible for obtaining all required approvals for the processing of the Entry from the Indirect Customer. The Customer shall be liable for each Entry and warrants that it complies with the Rules. 17) DISCREPANCIES In the event of any conflicts in the instructions received by The Bank regarding the Customer or any Entries relating to them, The Bank may at its option and with or without notice, hold or interplead, comply with the legal process or other order, or otherwise limit access by the Customer or by The Bank to the funds, Entries or proceeds thereof. 18) PROCESSING DEADLINE The Bank has specific processing deadlines. Files received by 4:00 PM CST will be transmitted that day to the Federal Reserve and/or a correspondent check - clearing network for settlement on the effective entry day. Files received after 4:00 PM CST will be processed the next business day. 19) NOTICE OF PROVISIONAL CREDIT In the case of any Credit Entry subject to Article 4A of the Uniform Commercial Code, credit given by the RFDI to the Recipient with respect to such an Entry is provisional until the RFDI has received final settlement through a Federal Reserve Bank or otherwise has received payment as provided in Minnesota Statutes 336.4A -403(a). If such settlement or payment is not received, the RFDI shall be entitled to a refund from the Recipient of the amount credited, and the Customer shall not be deemed to have paid the Recipient the amount of the Entry. 20) STOP PAYMENT OF ACH ENTRIES Neither the Customer nor The Bank will have the right to adjust or stop payment of any Entry after it has been received by ACH. If either the Customer or The Bank asserts that an Entry has been erroneously initiated, a Reversal or Adjustment Entry may be initiated by the Customer or The Bank as set forth in the Rules. In addition, either the Customer or The Bank may make an oral or written request to the RDFI to stop payment of, or to adjust, an Entry which has been or is asserted by the Customer or The Bank to have been erroneously initiated, and the RDFI may elect whether to honor such request. The Bank will have no obligation to the Customer with respect to any such request that is not honored. The Bank of Elk River 7 8-16-2007 21) DEBITS NOT AS AUTHORIZED If an unauthorized Debit Entry is confirmed in writing by the Recipient, the Recipient will have the right, unless waived in accordance with the Rules, to have the amount of such Debit Entry immediately credited to the Recipient's account by the RDFI as set forth in the Rules. The Customer's Account will be debited for the amount thereof. 22) REVERSING ENTRIES If The Customer discovers that any Entry it has initiated was in error, the Customer will notify The Bank immediately. The Bank will then notify the Customer as to whether the transmission of the File or the Entry to the ACH Transaction or Check 21 Transaction has been initiated. The Customer shall then have the sole right and responsibility to initiate a Reversal of the Entry in accordance with the Rules. 23) REMAKES OF REJECTED ENTRIES OR FILES If an entry or file is rejected due to improper processing or unexcused delays by The Bank, The Bank will Remake such Entry or File and re -send it. If such Entry or File was rejected because of improper processing or the supplying of incomplete information by the Customer, the Customer will Remake the Entry or File, or supply The Bank with complete information for Remaking the Entry or File, at the Customer's expense, and The Bank will resend such Entry. 24) UNAUTHORIZED ACCESS; SECURITY PROCEDURES The Customer shall be solely responsible for protecting against unauthorized access to the Scanner and the Program and all losses and damages arising from any unauthorized access to the Scanner and the Program. The Customer shall establish physical security, passwords and other security procedures necessary to ensure the confidentiality of access features. The Customer shall make such procedures and security features known only to those authorized representatives of the Customer's who will use the Scanner and the Program. The Bank shall have no obligation, liability, or control, either directly or indirectly over said procedures or the failure of the Customer to maintain said procedures. The Customer shall be solely responsible for designating its authorized representatives and disclosing the identity of said representatives, and all changes thereof, to The Bank, provided, however, The Bank shall not be responsible for verifying the authenticity of any person claiming to be a representative of the Customer or the authenticity of any instruction, direction or information provided to any said person. Any instructions, directions or other information provided by the Customer, or any representative of the Customer, under The Services shall be deemed to have been authorized by the Customer, and The Bank shall be indemnified and held harmless by the Customer for acting upon any such direction, instruction or information. The Bank of Elk River 8 8-16-2007 (a) The Bank will provide the Customer with an Administrative User Name and Password. The Customer may appoint an individual ("Administrator") with the authority to: i. Determine who will be authorized to use The Services; ii. Establish separate passwords for each user; and iii. Establish limits on each user's authority to access information and conduct transactions. The Customer is responsible for the actions of its Administrator, the authority the Administrator gives others to act on its behalf, and the actions of the persons designated by the Administrator to use The Service. (b) The Customer agrees to: i. Take reasonable steps to safeguard the confidentiality of all Passwords; ii. Limit access to its passwords to persons who have a need to know such information; iii. Closely and regularly monitor the activities of employees who access The Service; iv. Prohibit its employees and agents from initiating Entries without proper supervision and adequate controls; and v. Remove users they deem no longer authorized to use The Services. (c) The Customer understands that the use of Passwords and The Service instructions are confidential and agrees to assume all risks of accidental disclosure or inadvertent use by any party whatsoever, whether such disclosure of use are on account of the Customer's negligence or are deliberate acts. The Customer acknowledges that no person from The Bank will ever ask for any Passwords and that The Bank employees do not need and should not ask for passwords. (d) The Customer shall change its passwords periodically and whenever anyone who has had access to a password is no longer employed or authorized by it to use The Service. The Bank may require the Customer to change its passwords at any time. The Bank may deny access to The Service without prior notice if it is unable to confimn (to its satisfaction) any person's authority to access The Service or if The Bank believes such action is necessary for security reasons. The Bank of Elk River 9 8-16-2007 25) THE CUSTOMER REPRESENTATIONS AND WARRANTIES With respect to each and every check that The Customer scans into an Image using the BankER Remote system, The Customer represents and warrants to The Bank that: (a) Each Indirect Customer shown as the payor on an Image received by The Bank from the Customer was from an Indirect Customer who was properly notified that the check would be converted to an ACH entry and did not opt out of the program, (b) The Customer shall be bound by and comply with all procedures and operating guidelines established by The Bank, contained herein or subsequently created, and (c) The Customer assumes responsibility for any paper check that is transmitted which for any reason is not paid. 26) INDEMNIFICATION All disputes between the Customer and any Indirect Customer relating to any debit/credit transaction shall be settled between the Customer and Indirect Customer. The Customer agrees to indemnify and hold The Bank and its processors harmless from any claim, liability, loss, or expenditure relating to any such transaction or from the Customer's breach of any of its obligations under this Agreement. The Bank retains the right to offset the Customer's account for amounts The Bank is damaged by as a result of the Customer's actions. The Customer will defend, indemnify and hold harmless The Bank and its processors against and in respect to any and all losses, liabilities, expenses and damages, including consequential, special and punitive damages, directly or indirectly resulting from: (a) The processing of any request received by The Bank under the BankER Remote system; (b) Any breach of the provisions of this Agreement or the Rules; (c) Any dispute between the Customer and any third party in connection with the use of the BankER Remote system; (d) Any breach of the Customer's representations for any transaction submitted by the Customer described in this agreement; (e) Any loss or expenditure which results from any transaction submitted by the Customer caused by the Indirect Customer's inability to fund the transaction; and The Bank of Elk River 10 8-16-2007 (f) All actions, suits, proceedings, claims, demands, judgments, costs, and expenses (including attorney's fees) incident to the foregoing. The terms of this Section shall survive termination of this Agreement. 27) LIMITATIONS OF LIABILITY The Bank's entire liability and the customer's exclusive remedy with respect to the bank's disclaimer of warranty is limited to the replacement of any scanner that is returned to the bank. In no event shall the bank be liable to the customer for any damages, including lost profits, lost savings or other direct, indirect, incidental, special or consequential damages arising out of the use or inability to use the program and documentation, or for any claim by another party. The Bank's duties and responsibilities in connection with ACH transactions and Check 21 transactions are limited to those described in this agreement. The Bank will be deemed to have exercised ordinary care and to have acted reasonably if the Bank has acted in accordance with the terms of this agreement and will be liable for loss sustained by the customer only to the extent such loss is caused by the Bank's gross negligence or willful misconduct. The Bank will not be liable for any consequential, special or punitive damages, regardless of the Bank's act or omission. The Bank will have no liability for any loss or damage: (a) Related to the dishonesty of the Customer's employees, officers, or agents; (b) Resulting from any receiving bank's failure to accept any ACH transactions or Check 21 transactions; or (c) Resulting from any delay in the performance of this agreement, which is caused by an act of god, fire or other casualty, electrical or computer failure, delays or failure to act by any carrier, medium or agent operating between the bank and the customer or between the bank and third parties or any other condition outside the bank's control. No third party will have rights or claims against the bank under this agreement. The terms of this section shall survive termination of this agreement. 28) DISCLAIMER OF WARRANTY The bank makes no warranties with respect to the scanner and the program nor does the bank warrant that the scanner and the program will meet specific requirements of the customer. Neither the bank makes any warranty of any kind, either express or implied, with respect to the use of the scanner and/or the program. The bank disclaims all implied warranties of the customer's ability and fitness for a particular purpose. The Bank of Elk River 11 8-16-2007 29) EQUIPMENT The Customer will provide the required equipment as outlined in Addendum 2. The Bank is not responsible for any loss, damage, or injury resulting from: (a) An interruption in the Customer's electrical power or telecommunication services; (b) The disconnecting of the Customer's telecommunication services by the Customer's provider or from deficiencies in the Customer's line quality; or (c) Any defect or malfunction of the Scanner or telecommunication services. 30) THE BANK'S LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS The Bank will process and complete all transfers (to and from eligible accounts) properly initiated through the BankER Remote system in accordance with the terms on the Image and the terms of this Agreement. If The Bank or its processors do not complete an ACH Transaction or Check 21 Transaction on time or in the correct amount in accordance with terms on the Image and under the terms of this Agreement, The Bank's liability for the Customer's losses and damages will be limited to those directly and proximately caused by The Bank's failure, not to include indirect, consequential, special or exemplary damages. Further, The Bank will not be liable if: (a) Through no fault of The Bank, the Indirect Customer does not have enough money in his or her account to make the transfer or payment. (b) The Scanner or the Program is not working properly, and the Customer knew about the malfunction when the Customer initiated use of The Services. (c) The Indirect Customer's depository institution mishandles or delays handling ACH Transactions or Check 21 Transactions initiated by The Bank. (d) There is an error on the Indirect Customer's paper check. (e) Circumstances beyond The Bank's control (such as fire, flood, or other disaster) prevent the proper completion of the transaction despite reasonable precautions by The Bank to avoid these circumstances: The Bank of Elk River 12 8-16-2007 31) ENTIRE AGREEMENT; SEVERABILITY This Agreement together with all exhibits, schedules and attachments hereto, the Account Agreement and the Rules (as incorporated herein) represent the entire agreement and understanding of the parties. If any portion of this Agreement is found to be unenforceable, all remaining portions shall remain in full force and effect. In the event of any inconsistency or conflict between the terms of this Agreement and any present or future statute, regulation or governmental policy to which the Bank is subject and which governs or affects the transactions contemplated by this Agreement, then this Agreement shall be deemed amended to the extent necessary to comply with such statute, regulation or policy and The Bank shall incur no liability to the Customer as a result of such violation or amendment. 32) ASSIGNMENT; SUBLICENSE The Customer agrees not to assign, transfer or dispose of its rights and obligations under this Agreement and not to further sublicense, assign or transfer the Program, except as expressly provided in this Agreement. 33) GOVERNING LAW This Agreement is governed by the laws of the State of Minnesota (except to the extent Federal law governs the copyrights and trademarks of EPS and its successors or assigns) and the Rules. 34) SIGNATURES By signing this Agreement, the undersigned acknowledge that they have read and accepted the terms and conditions of this Agreement, and agree to be bound by its terms. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first written above. THE BANK OF ELK RIVER THE CUSTOMER The Bank of Elk River 13 8-16-2007 EXHIBIT A "2007 NACHA OPERATING RULES and REGULATIONS" EXCERPTS NACHA RULES: (a) NACHA RULES: Appendix XI, Section 11.5: In the event that a financial institution (1) fails to correct a problem causing a rules violation after receiving a Notice of Possible ACH Rules Violation, or (2) fails to respond to a Notice of Possible ACH Rules Violation, the National Association will impose a fine, subject to approval by the ACH Rules Enforcement Panel, on the financial institution in accordance with section 11.5.3 (Amount of Fine and Recurrence of ACH Rules Violations) of this Appendix Eleven. If NACHA imposes a fine on The Bank arising out of or in connection with any action or inaction by the Customer or otherwise with regard to any Entries processed in the name of the Customer, The Bank may charge the fine to the Customer whether or not NACHA acted in accord with any laws or Rules. If the Customer violates any applicable Rule, the Customer will be responsible for any damages caused. The Bank reserves the right to request, from time to time, documentation indicating the Customer complies with all current Rules. Such documentation includes, but is not limited to the following: a) Checkwriter authorization for electronic Settlement of Checkwriter checks; b) Checkwriter authorization for Returned Check Service Charges; c) retention, storage, retrieval and destruction of Checkwriter transactions and authorization; d) electronic Settlement of corporate or other business entity checks; and e) limitations on Checkwriter check amounts. (b) UNITED STATES LAW. Article Two, Subsection 2.1.1: Entries that are initiated may not violate the laws of the United States. The Customer and The Bank shall also comply with all state and federal laws, rules and regulations applicable to it and to its activities (including the initiation of Entries). The Customer and The Bank specifically agrees that it shall not violate the sanctions laws administered by the Office of Foreign Assets Control ("OFAC") and shall not act on behalf of, or transmit funds to or from, any party subject to such sanctions. If either party violates any law, rule or regulation, the violating party will be responsible for any damages caused. If any governmental agency imposes a fine on or otherwise causes any loss, damage or other harm to The Bank arising out of or in connection with any action or inaction by the Customer or otherwise with regard to any Entries processed in the name of the Customer, then The Bank may charge the fine to the Customer whether or not the agency acted in accord with any laws applicable to it. The Bank of Elk River 14 8-16-2007 (c) AUTHORIZATION Article Two Subsections 2.1, 2.2.1.4: Prior to the origination of each entry by the Customer, the Customer shall obtain from such Checkwriter an authorization to initiate one or more Entries to the Checkwriters Account, which authorization shall comply with the Rules. At the time the entry is transmitted to the ODFI, the Checkwriter's authorization has not been revoked and the agreements required have not been terminated. The Customer shall retain all authorizations required under the Rules for two (2) years from termination or revocation. At the request of the ODFI, the Customer must provide the original or a copy of the authorization. The Customer shall immediately furnish such authorizations and documents to The Bank upon The Bank's request. (d) NOTICE. Refer to Article Three, Subsection 3.4.1, 3.4.3 (e) ENTRY ACCEPTANCE: Article Two, Subsections, 2.1, 2.2: The Checkwriter has authorized the Originator to initiate an Entry to the Checkwriter's account. An Entry (or a request for cancellation or amendment of an Entry) delivered to The Bank that purports to have been transmitted or authorized by the Customer shall be deemed effective as the Customer's Entry even if the Entry was not in fact authorized by the Customer, provided The Bank accepted the Entry in good faith and in compliance with the Security Procedures with respect to such Entry. Entries processed by The Bank in accordance with the Security Procedure will be deemed effective and will be deemed to be made by the Customer. The Customer shall be obligated with regards to the amount of such Entry even though the Customer did not authorize the Entry. (f) INFORMATION SECURITY: Article Three, Subsection 3.10.1: Each Originator originating WEB entries must employ a commercially reasonable fraudulent transaction detection system to screen each entry. Subsection 3.10.2: Each Originator that originates WEB entries must use commercially reasonable procedures to verify that routing numbers are valid. Subsection 3.10.3: Each Originator that originates WEB entries must employ commercially reasonable methods of authentication to verify the identity of the Receiver. Subsection 3.10.4: Each Originator that originates WEB entries shall conduct or have conducted annual audits to ensure that the financial information it obtains from Receivers is protected by security practices and procedures that include, at a minimum, adequate levels of (1) physical security to protect against theft, tampering, or damage, (2) personnel and access controls to protect against unauthorized access and use, and (3) network security to ensure secure capture, storage, and distribution. (g) ENTRY REJECTION: Article Nine, Section 9.3: If an entry or entry data received by an ACH Operator for processing does not meet the acceptance criteria set forth in Appendix Two (ACH Record The Bank of Elk River 15 8-16-2007 Format specifications), Appendix Five (Return Entries), or Appendix Six (Notification of Change), the ACH Operator must in accordance with those Appendices either return the entry or entry data to the appropriate ACH Operator or ODFI or reject the entire batch or file containing the entry by notifying the appropriate ACH Operator or the ODFI (or its Sending Point). The Bank may reject any Entry for any reason or for no reason, either with or without prior notice to the Customer. Without limitation, The Bank shall notify the Customer of such rejection (either electronically, in writing, by telephone, or as agreed to by The Bank and the Customer) promptly, and will seek to provide notice no later than the business day after the Effective Entry Date. The Bank shall not be liable to the Customer for the rejection of any Entry, for the Customer's non - receipt of a notice given to the Customer, or for the failure to give notice of rejection at an earlier time than that provided for herein. The Bank shall not be required to pay the Customer interest on a rejected Entry for the period from rejection of the Entry to the Customers receipt of the notice of rejection. The Bank of Elk River 16 8-16-2007 ADDENDUM 1 RE -PRESENTMENT OF RETURNED ITEMS (ACH ONLY) The Customer authorizes The Bank to re -present ACH items returned NSF or Insufficient Funds as indicated below: Do not represent returned ACH items automatically. I will contact The Bank if I wish to have an item represented. Re -present returned ACH items once automatically. Item will be represented once and if returned, will be once again charged back to account. The Customer recognizes that the re -presentment of ACH item will take place 2 business days from The Banks receipt of the returned item. Re -present returned ACH items twice automatically. Item will be re- presented once and if returned, will be re -presented a second time. If returned, item will be once again charged back to account. The Customer recognizes that the re -presentment of ACH item will take place 2 business days from The Banks receipt of the returned item. The Customer: The Bank of Elk River 17 8-16-2007 ADDENDUM 2 REQUIRED EQUIPMENT Personal Computers Minimum 64 MB of memory 1.0 GB hard drive/250 MB free 101 enhanced keyboard IBM compatible mouse Windows 2000 Browser & Connectivity Recommended 256 MB of memory 4.0 GB hard drive/1.0 GB free 101 enhanced keyboard IBM compatible mouse Windows XP Web Browser IE version 6.0 or greater 128 -bit encryption DSL or cable Internet connection (minimum - 56 KPS dialup Internet connection) Anti — Virus Software Recommended: McAfee 8.0 Hardware connectivity (USB/RS232) The Bank of Elk River 18 8-16-2007 ADDENDUM FEE SCHEDULE SET UP FEE $25.00 MONTHLY FEE: $35.00/mo fee for low volume accounts (RDM Scanner) (Single check feeder) �\ $65.00/mo fee for high volume accounts (My Vision X Scanners) J (Batch check feeder) Fees per transaction up to 500 items $.03 ACH I� $.05 Check 21 Fees per transaction over 500 $0.10ACH $0.15 Check 21 V - SCANNER': 00 p y5' oD iti y 'D Single Feed Scanner: Approximately $500.00 Batch Scanner: Approximately $ (Shipping charges may vary so a billing will be sent to you with the actual cost) NACHA RULES BOOK $20.00 FRANKER INK REPLACEMENT $25.00 "ELECTRONICALLY PROCESSED" Stamp $14.50 (Required if scanner does not frank check) JA e The Bank of Elk River 19 12-27-2007