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1994-03-21 CC Agenda/Packet• ALBERTVILLE CITY COUNCIL AGENDA March 21, 1994 I. CALL MEETING TO ORDER II. APPROVAL OF THE AGENDA III. APPROVAL OF CONSENT AGENDA ITEMS # Attached List IV. FOLLOW-UP SHEET # March 7, 1994 V. APPROVAL OF THE MINUTES # March 7, 1994 - Regular Meeting VI. COMMUNITY FORUM - Residents from 57th Street & Lake Avenue - Request for a stop sign - Brian Bebeau - Drainage problem VII. Final Plat Approval - MLDCO First Addition • VIII. DEPARTMENT BUSINESS A. LEGAL 6:00PM - Developer's Agreement - MLDCO First Addition - Rich Miller easement B. ADMINISTRATION # Financial Statement (Mar. 3 - Mar. 16, 1994) # Approve bills (Check #'s 8302 - 8327) - Administrator's Report - Consider deletion of Medical Payments Coverage - Approve format of spec/bid proposal for the Otsego Creek cleanout IX. ADJOURN UPCOMING MEETINGS/IMPORTANT DATES April 4, 1994 Regular City Council Meeting 7:30 PM April 11, 1994 Public Hearing - EDA 7:00 PM April 12, 1994 Planning & Zoning 7:00 PM April 18, 1994 Regular City Council Meeting 7:30 PM • April 19, 1994 Board of Review Meeting 7:00 PM April 21, 1994 Park Board 7:00 PM ALBERTVILLE CITY COUNCIL CONSENT AGENDA ITEMS March 21, 1994 III. APPROVAL OF CONSENT AGENDA Approve Minutes of March 7, 1994, regular meeting * Approve Follow Up Sheet of March 7, 1994 # Financial Statement (March 3 - March 16, 1994) # Approve bills (Check #"s 8302 - 8327) ALBERTVILLE CITY COUNCIL ^ March 21, 1994 Albertville City Hall 7:30 PM PRESENT: Mayor Mike Potter, Councilmembers Duane Berning, Sharon Anderson, Albert Barthel and John Vetsch, City Clerk Linda Houghton, City Attorney Bill Radzwill Mayor Potter called the regular meeting of the Albertville City Council to order. The agenda was amended by adding the following: Administration: (1) Appoint Park Board members Dale Langsdorf and Mark Byer as recommended by the Park Board at their meeting on March 17 (2) Set a meeting to work on long-range planning issues with the Planning Commission and area business leaders (3) Discussion of fire building Berning made a motion to approve the agenda as amended. Barthel seconded the motion. All voted aye. Anderson made a motion to approve the Follow -Up Sheet as presented. Barthel seconded the motion. All voted aye. The minutes of the March 7, 1994, meeting were amended by .-. adding the following paragraph: Ken explained that approximately 800,000 gallons of water had gone into the wastewater treatment plant due to the infiltration from the Parkside Addition manholes. The Council agreed that the developer should be billed for the expenses the City incurred in treating the infiltration. Anderson made a motion to approve the minutes of the March 7, 1994, meeting as amended. Barthel seconded the motion. All voted aye. Residents from the 57th Street and Lake Avenue neighborhood requested that the Council authorize a stop sign to be placed at the intersection. Mayor Potter explained that he is not in favor of indiscriminately placing stop signs around the City without some basis of justification. The clerk has contacted MNDOT regarding the traffic study that was requested for the City last spring and was told the Albertville study is still on the list, but the study probably will not be completed for another 6-8 weeks. Attorney Radzwill advised the Council to have the city engineer review the area of concern and make a recommendation on whether a stop sign is needed. Brian Bebeau told the Council there is still a drainage problem with the culvert and ditch in front of his house as a result of the trunk sewer project. Linda has spoken to Norm -� Gartner, the engineer for the project, and has been advised that the contractor will return to correct the drainage problem. ALBERTVILLE CITY COUNCIL March 21, 1994 Page 2 of 3 However, until the frost is out of the ground, there was nothing that could be done at this time. Dan Robertus, a resident from 54 1/2 Street, presented a petition signed by all of his neighbors requested that "Slow -- Children at Play" signs be installed along the street. The Council directed the signs to be ordered and placed along 54 1/2 Street as soon as possible. Attorney Radzwili reviewed the Developer's Agreement for MLDCO 1st Addition with the Council. Radzwili still must see proof of title on the property. The cost of escrow improvements to the lots are estimated at between $7,500-$8,100. The Council concurred to require a letter of credit in the amount of $5,600, or 75% of the estimated costs. Vetsch made a motion to approve the Developer's Agreement for the MLDCO 1st Addition as presented, subject to the developer providing a letter of credit in the amount of $5,600 and subject to the attorney's finding of clear title. Berning seconded the motion. All voted aye. Barthel made a motion to grant final plat approval for the MLDCO 15t Addition, subject to the city engineer's approval of the final drainage plans. Vetsch seconded the motion. All voted aye. Radzwill reviewed the Agreement for Easement and Release of Claims and the easement document for the Rich Miller property along 50th Street with the Council. Anderson made a motion to approve the Easement and Release of Claim and the easement as presented. Vetsch seconded the motion. All voted aye. Anderson made a motion to approve the Financial Statement for the period March 3 - March 16 as presented. Barthel seconded the motion. All voted aye. Anderson made a motion to approve payment of Check #'s 8302 - 8327 as presented. Barthel seconded the motion. All voted aye. The Council received the Administrator's Report but took no action on the report. The Council agreed to retain the medical payment coverage on its liability insurance. Barthel made a motion to approve the format of the specifications and the bid form as presented by the Otsego Creek Authority. Anderson seconded the motion. All voted aye. Anderson made a motion to appoint Dale Langsdorf and Mark Byer ALBERTVILLE CITY COUNCIL March 21, 1994 Page 3 of 3 as new members to the Park Board, as recommended by the Park Board at their March 17, 1994, meeting. Barthel seconded the motion. All voted aye. Linda was directed to contact Bob Thistle from Springsted, Inc. regarding his offer to assist the City with long-range planning goals. Linda will attempt to set up a meeting on either April 12 or April 26. Councilmember Berning expressed his reservations of moving ahead with the construction of a fire hall without a referendum vote of the residents. Councilmembers Vetsch and Anderson expressed similar concerns. Mayor Potter told the Council that the Fire Building Committee is waiting for some final drawings from the architect before proceeding with the project. Linda suggested that after the Committee has received the architectural drawings an informational meeting be conducted with concerned citizens to discuss whether to proceed. Councilmember Berning also requested that the City Planner be directed to research the City to determine if the location proposed is in fact the best location for a fire hall. Linda will contact Northwest Associated Consultants to request this study. Barthel made a motion to adjourn at 8:40 PM. Anderson seconded the motion. All voted aye. Michael Potter, Mayor Linda Houghton, Clerk We --he unde✓,S�Yecl� her-eb� formally regtkesL +he Al eriviike C;-y Co�nci I i/IS-t Caui'i�1�1 ck1 1d✓eV7 aE Pia j:, ��ns o,,7 sN'/a Stree£ Nt�, ,4ppr®x�mafey ao Chi JAI -en Ij,)e 50a S-tvee-k and mane play ill +h6r ffont yard, r;42 their bikes oe- vj&lk -the- St-r,eef avev -fo b1eirr fr��nds' l-,vases. Hof t�,e Sa e�y o these Ch lc�✓P.-, j we asK tlhe Cif y Coue?eA l tG O 1pro�l�S�a�ldf ruvl p� +W-0 �a/ Sl4✓15� one ti) 6vr el+he✓ e✓iJ wrt-li `the Wali/1Irtq o� S�owJ- C/�� ldJP41 Chi 18���:' 31,5 11377 5 y st A11= %l Uo a sV -?�' t Ii ,� 54A Si. NE il.3i� s% �6 CITY OF ALBERTVILLE FOLLOW UP SHEET March 7, 1994 DATE ACTION TO BE TAKEN PERSON 6/21 Review sewer rates in 6 months. Corci1 - On Agenda for 3/7 12/20 Prepare detailed 1993 expenditure report can Linda WWTF. 1/3 Meet with W.C. Sheriff's Dept. re: clarification Linda of addresses on Jason, 61st, and 62nd. 1/18 Review comp time issue in six months Corcil 1/18 Prepare semi-annual newletters in May & October Admin. 3/7 Prepare details of purchase requests for Council Ken Z17 Check budget - cracksealing Linda Ken 3/7 Contact Wright County re: Paint for Striping Ken Done 3/7 Contact Frankfort/St. Michael/Wright County Linda 3/10 re: Clean -Up Day 3/7 Send letter to Hanover and Frankfort re: Joint Linda 3/17 Powers proposal to replace water mains ALBERTVILLE CITY COUNCIL March 7, 1994 Albertville City Hall 7:30 PM PRESENT: Mayor Mike Potter, Counc.lmembers Duane Bernir_g, Sharon Anderson, Albert Barthel and John Vetsch, City Clerk Linda Houghton r"-.tv Attorney Mike Cour.i Mayor Potter called the regular meeting of the Albertville City Council to order. The agenda was amended by adding the following: Addition of Check #8296 - Kevin Roden $252.14 Community Forum - Doug Psyk Berning made a motion to approve the agenda as amended. Anderson seconded the motion. All voted aye. Vetsch made a motion to approve the Follow -Up sheet from the February 22, 1994, meeting as presented. Barthel seconded the motion. All voted aye. Vetsch made a motion to approve the minutes of the February 22,1 994, meeting as presented. Barthel seconded the motion. All voted aye. Doug Psyk presented the Council with a letter dated March 7, 1994, requesting a time extension on his preliminary plat approved for Pysk's 6th Addition. The time limit for final plat approval under the City's Subdivision Ordinance has expired. Psyk explained that he was unable to proceed with the 6th Addition because of the MPCA moratorium on sewer extensions. Now that the expanded wastewater treatment facility is on line, he would like to proceed with final platting of the 6th Addi ti On. Barthel made a motion to gran Doug Psyk a six month extension on his preliminary plat approval. Anderson seconded the motion. All voted aye. Ken Lindsay presented the Council with information regarding equipment purchases he would like to make in 1994. He has gotten prices on a tractor/loader and a mower. Ken requested that a committee be appointed to review the material he has received. The Council directed Ken to prepare details of his purchase requests and present them at the next Council meeting. Ken reported that the wastewater treatment plant will go on- line as soon as the water in the clarifier is thawed. The aerators have been installed are are now on-line. Ken and Linda will check the budget to determine if funds are available for renting an air compressor for this spring's crack sealing project. Ken anticipates that one week's rental of the air compressor will cost approximately $500. AI.BERTVILLE CITY COUNCIL March 7, 1994 Page 2 of 4 Ken will contact Wright County about the cost of paint for striping Barthel Industrial Drive. Bob Robertson, representing RCM, told the Council that Pete Carlson has resigned from the firm. A different engineer from their firm will be taking over this position. The Council decided to set a special work meeting at a later date to review the current sewer ordinance regarding the process of establishing charges for various strenth discharges. Ken suggested the Council consider taking samples from various commercial/industrial users to determinie if there is a need for a different rate system. Robertson reported that Peter Carlson has spoken to Wright County Engineer Wayne Fingalson regarding the County Road 37 realignment. Fingal -or has indicated that Wright County will rewire an agreement with the r:'_t_ before procedding with the pro7ect.. ( a w'-=- contant F-nga son a!)out Setting a !neet.ing to discuss thiS project RCi+� `.^• gin tol-A, the Council that Pete Carlson belelved the City should cor_isder a new casing under the freeway if water is to be extended. Linda will provide RCM with the vidoetape of the inspection of the existing casing aand get a copy of the map from Meyer-Rohlin detailing the elevations of each of the pipes. Paul King and Dave Anderson of Piper Jaffray reviewed the City's investments with the Council. Based on Linda's recommendation, Anderson made a motion to invest additional funds of up to $600,000 with Piper Jaffray. King and Anderson will meet with Linda to determine the best investment method. Vetsch seconded the motion. All voted aye. The Council reviewed the proposed preliminary plat of MLDCO First Addition. Attoreny Couri advised that the Council delay final plat approval pending the completion of the Developer's Agreement. Bernard Marx requested that the park dedication fees of $170 per lot be charged only against the three new lots being created. The Council agreed that the existing homestead of Clem Marx (Lot 2, Block 1 of the plat) be exempt from the park dedication fee requirement. park dedication fees of $170 per lot for the newly created three 'lots will t+e assessed to the development. Be"rning made a_ motion to grant preliminary plat approval of MT DCO First Addition, as r?commerded by the Planning anr! Zoning Commission at 7—hraury 24, 1994, meeting. A Developer's Agreement will be drafted by th? city attorney detai 1 i nCj ? hi? pa`'r_ died--cat-Jon fear rile letters Ot credit, and thegrading and drainages plans. Vetsch seconded the motion. All voted aye. ALBERTVILLE CITY COUNCIL March 7, 1994 Page 3 of 4 Attorney Couri presented a proposed Ordinance #1994-2 establishing the position of a city administrator. Anderson made a motion to adopt ORDINANCE #1994-2 entitled AN ORDINANCE ESTABLISHING THE POSITION OF CITY ADMINISTRATOR. Barthel seconded th�a motion. A_l voted aye. E"rIoyment Ag_-ement a <,r.a''t. d by Cr^ur=. Vetsrr made a mot_on to approve tre --oon the mnt-. rn pt 1 ;J:-•*ail a^e. rpintprl CvL111^11?712mhArS BP_.rring and Anderson to a committee to draft the Job description for a city administrator for the entire Council to review. Couri presented a clarification notice regarding the termination date of Ann Culley. Anderson made a motion to approve the language of the clarification as presented. Vetsch seconded the motion. All voted aye. Attorney Couri advised the Council to take no action on the Rich Miller easement agreement at this time pending discussion with the previous city engineer. Couri advised the Council on the procedures of establishment of an Economic Development Authority. Couri recommended the EDA be given the powers of an HRA. The Council must conduct a public hearing and approve an enabling resolution prior to the estab?i.shmpnt (-•f th- E?)A. 'dotice of the p„bl_ic hearing must published for two wee)rs in the official newspaper outlining what tl'r' ("ounc; 1 -s C'otnsi der' nq. Couri wi 1 1 draft the ncti C`e listing the '!?aS :--_i ng coni sdered. Barthel made amotion to set the `,two i r 1-pa?-? nr. t.- ran.-; a t -- _+_.'_Y" _'�a establ'vh'.7?_r_t 7f an Fria f]r Apr, t 4, at __t'y tea:_ at 7 .r'0. DM Vetsch seconded the motion. t - - - -- Vetsch ? 2 'P a mL.t_o-i-_ to approve t_•e Fi n aCi al St:atc_nlent tnr February 16 - March 2, 1994, as presented. Barthel seconded the motion. Ail voted ave. Vetsch made a motion to approve payment of Check Vs 8265- 8296. Barthel seconded the motion. All voted aye. The Council will consider conducting a Clean -Up Day this spring. Linda will contact the City of St. Michael and Frankfort Township, as well as Wright County, to determine if there is interest in conducting a joint Clean -Up Day similar to last year. Vetsch made a motion to adopt RESOLUTION #1994-4 entitled A RESOLUTION REQUESTING LEGISLATION TO RECOVER COSTS IN PROSECUTING ParJP d o OFFENDERS. *hP motion. A11 voted awe. Barthel made a motion to adopt RESOLUTION #1994-5 entitled A RESOLUTION SUPPORTING INCREASED PROTECTION FROM LIABILITY FOR PRIVATE LANDOWNERS WHO MARE THEIR LAND AVAILABLE FOR PUBLIC RECREATION WITHOUT CHARGE. Vetsch seconded the motion. All voted aye. Linda was directed to send a letter to City of Hanover and Frankfort Township stating the City's position that the Joint Powers Board should not be responsible for the replacement of water mains on the system. The meeting adjourned at 10:10 PM. r.,ta ec]t to - 4a o Lir..4a Houghton, Clerk r OTSEGO CREAK AUTHORITY March 9, 1994 Albertville City Hall 7:00 PM PRESENT: Larry Fournier, Floyd Roden, Albert Barthel, Mike Potter, Engineer Larry Koshak, Dale Powers, Linda Houghton Chairman Roden called the meeting to order. Fournier made a motion to approve the minutes of the informational meeting conducted February 10, 1994, at Otsego City Hall. Barthel seconded the motion. All voted aye. Roden reported that he has not been able to get three easements signed yet. Fournier has three easements to be signed as well. All other necessary easements have been signed. Koshak reviewed the specifications for bid letting with the Authority. Koshak recommended that the deposit for the plans and spec be set at $10 per set. The Authority agreed to increase the required bid bond from 5% to 10%. The Authority also changed the date of the Completion Period from Nine Months to "End of 1994". The quantities of standing dead trees on the Quotation Form will be verified. One or more of the Authority members will walk the creek with the representative from the DNR and make the actual count of trees to be cleared. Consequently, the final numbers on the quotation form may change before the bid process is started. Fournier suggested that Radzwill Law Office be contacted to review the specs and the bid form prior to Council action. Koshak will add the terms of the General Conditions as well to the form. Potter made a motion to approve the specs as amended with the quantities to be determined upon walk through. Fournier seconded the motion. All voted aye. Fournier seconded the motion. All voted aye. The members of the Authority who do the walk-through will set the date for the bid opening. The Clerks will place approval of the bid form and the specs on the next upcoming Council meeting. Linda was directed to contact the legal department regarding the necessary resolutions for the approval of the plans and specs and bid forms. Fournier made a motion to adjourn at 7:50 PM. Potter seconded the motion. All voted aye. Linda Houghton, Clerk DEVELOPER'S AGREEMENT City of Albertville MLDCO Subdivision THIS AGREEMENT, entered into this day of , 1994 by and between MLDCO, Inc., a Minnesota Corporation, and. Orchard Development, a limited partnership, collectively referred. to herein as "Developer"; and the CITY OF ALBERTVILLE, County of Wright, State of Minnesota, hereinafter referred to as "City"; WITNESSETH: WHEREAS, Developer is the fee owner and developer of a parcel or parcels of land described in Exhibit "A", attached hereto and. incorporated herein by reference, a portion of which parcels of land are proposed to be subdivided and platted for development, and. which subdivision, which is the subject of this agreement, is intended to bear the name MLDCO hereinafter be referred to as the "Subject Property" or "Said Plat"; and WHEREAS, the City has given preliminary approval of Developer's plat of MLDCO contingent upon compliance with certain City requirements including, but not limited to, matters set forth herein; and WHEREAS, the Developer will be accessing certain public utilities owned and operated by the City; and WHEREAS, the City requires that certain on- and off -site improvements be installed by the Developer within the Subject Property, which improvements consist of boulevards, boulevard top soil and sod, trees planted in the front yards of those lots abutting the boulevards, grading control per lot, bituminous or concrete driveway approaches, drainage swales, berming, street signs, street cleanup during project development, erosion control and siltation/retention pond, and other site -related items, and which improvements to the Subject Property shall be referred to herein as "Escrow Items"; and WHEREAS, this Agreement is entered into for the purpose of setting forth and memorializing for the parties and Subsequent owners, the understandings and agreements of the parties concerning the development of the Subject Property; NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party's promises and considerations herein set forth, as follows: 1 1. On and Off -Site Improvements: Surety. A. Developer shall perform all on- and off -site improvements (also referred to as "Escrow Items") including installation of boulevards, boulevard top soil and sod, trees planted in the front yards of those lots abutting the boulevards, grading control per lot, bituminous or concrete driveway approaches, drainage swales, and like items as necessary, street cleanup during project development all as detailed in attached Exhibit "B". B. Developer shall, at its own expense, cause the following items to be installed within the development, all such items to be installed under ground if possible, within the street right of way, accessible to all lots and in compliance with all applicable state and local regulations: i. Electrical power supply, to be provided by Northern States Power or other such carrier; ii. Natural gas supply, to be provided by Minnegasco or other such carrier; iii. Telephone service, to be provided by United Telephone Company; C. Developer shall follow all procedures required by the City engineer in making connection to the water system, the sanitary sewer system and the storm sewer system. D. For those improvements listed in Paragraph lA and 1C above, Developer will provide the City with cash, irrevocable letter of credit or other satisfactory surety in the sum of $ which represents % of the estimated cost of the installation and completion of said items. The said surety shall be a guaranty to the City that with the exception of boulevard improvements (sod, trees, driveway approaches), the construction and completion of the Escrow Items by the Developer, to the City's satisfaction, will be completed on or before June 1, 1996. E. The boulevard improvements for each lot or parcel shall be completed to the City's satisfaction within sixty (60) days of the date that a certificate of occupancy (temporary or permanent) is issued by the City for a building located on the lot, unless the certificate of occupancy is issued after October 1st and before March 30th in any given year, in which case the boulevard improvements shall be so completed by the following June 15th. OA F. That portion of said cash, irrevocable letter of credit, or other surety with respect to the performance of on - and off -site improvements shall be released upon certification of the City Engineer and approval of the City Council that all such items are satisfactorily completed pursuant to this Agreement. Periodically, as payments are made by the Developer for the completion of portions of the items described under "Escrow Items," and when it is reasonably prudent, the Developer may request of the City that the surety be reduced for that portion of the Escrow Items which have been fully completed and payment made therefor. The City's cost for processing reduction request(s) shall be billed to the Developer. Such cost shall be paid to the City within thirty (30) days of the date of mailing of the billing. 2. Surety Deficiency. In the event that any cash, irrevocable letter of credit, or other surety referred to herein is ever utilized and found to be deficient in amount to pay or reimburse the City in total as required herein, the Developer agrees that upon being billed by the City, Developer will pay within thirty (30) days of the mailing of said billing, the said deficient amount. If there should be an overage in the amount of utilized security, the City will, upon making said determination, refund to the Developer any monies which the City has in its possession which are in excess of the actual costs of the project as paid by the City. All monies deposited with the City shall be used by the City at the City's discretion to defray the City's costs and expenses related to the project(s) referred to herein. 3. Developer To Pay City's Costs and Expenses It is understood and agreed that the Developer will reimburse the City for all administrative, legal, and professional costs incurred in the creation, administration, enforcement or execution of this Agreement, and that these costs shall be assessed against the subject property if not paid by Developer within thirty days of billing from the City. 4. Grading/Erosion and Siltation Control A. Before any grading is started on any site, all erosion control measures as shown on the approved grading/erosion control plan shall be installed and strictly complied with as set forth in Exhibit "C", which is hereto attached and herein incorporated by reference. In addition, a financial guarantee shall be provided to the City to insure compliance during construction. The financial guarantee for this purpose shall be the same surety as described in paragraph one above. 3 5. Maintain Public Property Damaged or Cluttered During Construction. Developer agrees to assume full financial responsibility for any damage which may occur to public property including but not limited to streets, street sub- base, base, bituminous surface, curb, utility system (including but not limited to watermain), sanitary sewer or storm sewer when said damage occurs as a result of the activity which takes place during the development of Said Plat. The Developer further agrees to pay all costs required to repair the streets and/or utility systems damaged or cluttered with debris when occurring as a direct or indirect result of the construction that takes place in Said Plat. In the event the Developer fails to clean up, maintain or repair the damaged public property mentioned above, the City shall provide the Developer with a Notice of its intent to clean up, repair, or maintain such public property. Developer shall have thirty (30) days from the date of mailing of such notice to effect such clean up, repair or maintenance of said public property to the satisfaction of the City Council. In the event that Developer fails to so clean up, repair or maintain said public property, the City may undertake making or causing it to be cleaned up, repaired or maintained, and the Developer shall reimburse the City for all of its expenses within thirty (30) days of its billing to the Developer. If the Developer fails to pay said bill within thirty (30) days, funds sufficient to pay the bill may be withdrawn by the City from the surety described above. 6. Temporary Easement Rights. Developer shall provide access to the Subject Property at all reasonable times to the City or its representatives for purposes of inspection or to accomplish any necessary work pursuant to this agreement. 7. Miscellaneous. A. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. B. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. C. This Contract shall run with the land and may be recorded against the title to the property. After the Developer has completed the work required of it under this Contract, at the Developer's request, the City will 4 execute and deliver to the Developer a release. D. All water concerns will be handled by the Joint Powers Water Board. No connections to the water system will be permitted until the Board has given final approval. 8. Draw on Exnirinq Letter of Credit In the event a surety or other form of guarantee referred to herein is in the form of an irrevocable letter of credit, which by its terms may become null and void prior to the time at which all monetary or other obligations of the Developer are paid or completed, it is agreed that the Developer shall provide the City with a new letter of credit or other surety, acceptable to the City, at least forty-five (45) days prior to the expiration of the expiring letter of credit. If a new letter of credit is not received as required above, the City may declare a default in the terms of this Agreement and thence draw in part or in total, at the City's discretion, upon the expiring letter of credit to avoid the loss of surety for the continued obligation. Such irrevocable letter of credit must contain a provision requiring the issuer of the letter of credit to notify the City within sixty (60) days prior to the expiration of said irrevocable letter of credit. The form of said irrevocable letter of credit shall be approved by the City Attorney prior to its issuance. 9. violation of Agreement A. In the case of default by the Developer, its successors or assigns, of any of the covenants and agreements herein contained, the City shall give Developer thirty (30) days mailed notice thereof, and if such default is not cured within said thirty (30) day period, the City is hereby granted the right and the privilege to declare any deficiencies governed by this Agreement due and payable to the City in full. The thirty (30) day notice period shall be deemed to run from the date of deposit in the United States Mail. The City may thence immediately and without notice or consent of the Developer use all of the deposited escrow funds, irrevocable letter of credit or other surety funds to complete the Developer's Petition Items and on- or off -site improvements, and to bring legal action against the Developer to collect any sums due to the City pursuant to this Agreement, plus all costs and attorney's fees incurred in enforcing this agreement. B. Paragraph 9 shall not apply to any acts or rights of the City under paragraph 8 above, and no notice need be given to the Developer as a condition precedent to the City declaring a default or drawing upon the expiring irrevocable letter of credit as therein authorized. The 5 City may elect to give notice to Developer of City's intent to draw upon the surety without waiving the City's right to draw upon the surety at a future time without notice to the Developer. C. Breach of any of the terms of this Contract by the Developer shall be grounds for denial of building permits. 10. Park Dedication. Developer agrees to pay the City $510.00 ($170 x 3 lots) in satisfaction of the City's park dedication requirements for this plat. 11. Indemnity. Developer shall hold the City and its officers and employees harmless from claims made by Developer and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. Third parties shall have no recourse against the City under this contract. 12. Developer Personally Bound by Contract Those parties signing on behalf of Developer (and the Developer, if the Developer is a different entity than said parties) shall be personally liable for the fulfillment of all obligations under this Contract. The obligations of the Developer (and the parties signing on behalf of Developer) under this Contract cannot be assigned without the express written consent of the City Council through Council resolution. Upon fulfillment of all terms of this Developer's Agreement, and upon request by Developer, the City Council shall execute a release of Developer from this agreement. 13. Notification Information. Any notices to the parties herein shall be in writing, delivered by hand (to the City Clerk for the City) or registered mail (addressed as follows) to the following parties: City of Albertville c/o City Clerk P.O. Box 131 Albertville, MN 55301 Telephone: (612) 497-3384 Developer: MLDCO, Inc. Route 2 Box 89 Sandstone, MN 55072 P 14. Agreement Effect. This agreement shall be binding upon and, extend to the representatives, heirs, successors and assigns of the parties hereto. CITY OF ALBERTVILLE, By Its Mayor By Its Clerk DEVELOPER, Individually Individually MLDCO, INC. By: President By: Treasurer/Secretary STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 1993, by Michael Potter as Mayor of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public 7 STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 1993, by Linda Houghton, as Clerk of the City of Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 1993, by individually and as President of — Notary Public STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 1993, by individually and as Secretary/Treasurer of Notary Public 8 Legal Description EXHIBIT A EXHIBIT B On- and Off -site improvements. EXHIBIT C Erosion Control Plan AGREEMENT FOR EASEMENT AND RELEASE OF CLAIMS WHEREAS, the City of Albertville ("City") has improved 50th. Street within the City of Albertville, and has provided for storm water drainage via catch basins, outflow pipes and drainage swales on a portion of said project; and WHEREAS, one of said outflow pipes drains upon land owned by Richard F. Miller and Bonnie J. Miller (the "Millers"), thence: draining through a sodded swale to a natural pond; and WHEREAS, the City has obtained a permanent easement for the, installation of said outflow pipe and a temporary easement during, the installation of the sodded swale on the Miller Property; and WHEREAS, the City and the Millers desire to clarify any, outstanding easement issues related to said outflow pipe and. drainage swale leading to said pond; THEREFORE, the City and Millers hereby agree as follows: 1. The City shall pay the Millers $1,000.00 in exchange for the! attached written easements, both permanent and temporary, and. in exchange for such other consideration as contained in this agreement. The City shall install a drainage pipe extension of approximately 25 to 30 feet from the existing drainage pipe: currently on the Miller property. 2. The City shall, at its cost, perform the following work on the. Millers' driveway: a,. Remove existing driveway at a point to be saw cut 22 feet. from the back of the existing sidewalk. b.. Reshape the driveway base to a straight grade from sawcut. to back of sidewalk. c.. Install new bituminous from expansion joint on sidewalk on the west to the existing driveway edge on the east. d. All work to be performed when weather and load conditions permit (approximately May 15th to June 1, 1994) 3. The City shall waive the fee and escrow deposit for the. Millers' proposed application to request planning commission, approval to build an additional garage on the Miller property, provided the Millers make said application with the City by September 30, 1994. Said waiver in no way assures or guarantees that the planning commission will recommend. approval of said request, nor does it assure or guarantee that. the Council will approve any potential recommendation from the. Planning Commission. The Millers understand that such a request shall be treated no different from other requests of this nature, and that all City ordinances and land use regulations shall apply to said request. 4. The Millers hereby release the City from any and all claims or causes of action they may have against the City relating to the installation of the above mentioned drainage pipe and[ swale, the drainage of storm water across the Millers' property as a result of City improvements to 50th street, and the installation of the Millers' driveway. 5. The Millers shall take no action to interfere or otherwise! obstruct the flow of water to said pond. 6. This document embodies the entire agreement between the City and the Millers. Dated: CITY OF ALBERTVILLE Mayor Cler THE MILLERS Richard F. Miller Bonnie J. Miller 1994. FORK NO. 28-K QUIT CLAIM DEED-INDIVIDUAL(S) TO CORPORATION OR PARTNERSHIP Form No. 28-M-Quit Claim Deed Minnesota Uniform Conveyancing Blanks (1978) Individual(s) to Corporation or Partnership No delinquent taxes and transfer entered; Certificate of real estate value ( ) filed ( ) not required; Certificate of Real Estate Value Number by County Auditor Deputy STATE DEED TAX DUE HEREON: $ Date: 1994 I (reserved for recording data) FOR VALUABLE CONSIDERATION, Richard F. Miller and Bonnie J. Miller, husband and wife, Grantors, hereby convey and quitclaim to the City of Albertville, Grantee, a Municipal Corporation under the laws of Minnesota, real property in Wright County, Minnesota described as follows: SEE EXHIBIT "A" Together with all hereditaments and appurtances belonging thereto. Richard F. Miller Affix Dead Twx Stvup Ilere Bonnie J. Miller STATE OF MINNESOTA COUNTY OF WRIGHT The foregoing instrument was acknowledged before me this , 1994, by Richard F. Miller and Bonnie J. Miller, Grantors. NOTARIAL STAMP OR SEAL day of Tax Statements for the real property described in this instrument should be sent to: THIS INSTRUMENT WAS DRAFTED BY Radzwill Law Office P.O. Box 369 705 Central Avenue East St. Michael, Minnesota 55376 EXHIBIT A City of Albertville Pet tent and Temporary Easements Wright Count} I.D. No. 101-500-014315 Richard Miller A permanent easement for utility and drainage construction and maintenance over, under, across and upon part of the following descn'bed property: That part of Lots E and F of the West Half of the Southeast Quarter of Section 1, Township 120, Range 24, Wright County, Minnesota, described as follows: Commencing at the south quarter corner of said Section 1; thence east along the section line 749.00 feet to the southeast corner of a tract of land as recorded in Book 239 of Deeds, pages 682-683, for a point of beginning; thence north along the east line of said tract 656.03 feet to the south line of a tract as recorded in Book 45 of Miscellaneous, pages 709-710; thence east along the south line of said tract, 268.00 feet; thence south 654.75 feet, more or less, to a point on the south line of said Section 1, distant 265.30 feet east of the point of beginning; thence west 265.30 feet to point of beginning, Wright County, Minnesota, except the north 311.00 feet thereof. Said permanent easement described as; the north 60.00 feet of the south 93.00 feet of the west 25.00 feet of the above described property. Togethervrith atemporary construction easement for utility installation over, under, across and upon the first above described property. Said temporary construction easement described as; the north 60.00 feet of the south 93.00 feet of the west 45.00 feet of the first above described property. Said temporary construction easement to expire on or before September 1, 1994. CITY OF ALBERTVILLE FINANCIAL STATEMENT March 3 - March 16, 1994 Beginning Cash Balance March 3, 1994 $961,625.15 INCOME (Mar. 3 - Mar. 16) Building Permits 2,473.29 Interest (Feb.) 1,087.99 Loan - Fraser Steel 585.27 Park Rent 50.00 Title Search 30.00 Miscellaneous Income 10.00 TOTAL INCOME 4,236.55 EXPENSES (Mar. 3 - Mar. 16) Check #'s 8265 - 8296 (approved 3/7/94) 29,881.48 Check #8297 AFCD Committee 3,500.00 (Jaycee Donation) Check #8298 Duluth Tech. College 300.00 (Fire Training Class) Check #8299 Radisson Hotel 360.00 (Fire School) PAYROLL 2/23 - 3/8 Check # P1030 - Ann 518.79 Check # P1031 - Linda 810.70 Check # P1032 - Ken 907.59 Check # P1033 - Mike 612.51 Check # P1034 - Ann 760.79 Check #8300 - PERA 439.89 Check #8301 - Dale Powers (Pager Line Charge) 17.75 Wire Transfer 600,000.00 (Piper Jaffray) Wire Transfer Fee 10.00 TOTAL EXPENSES 638,119.50 Ending Cash Balance March 16, 1994 $327,.78B.70 INVESTMENTS: CD #9066 (Fire Dept) matures 3/17/94 CD #8807 - matures 3/30/94 CD #9145 (Lions) - matures 4/21/94 @ 2.68% CD #8925 - matures 6/1/94 CD #8579 - matures 6/28/94 Piper-Jaffray Investments (1/31/94) TOTAL INVESTMENTS 12,000.00 361,523.99 19,582.51 110,452.64 161,967.11 1,075,469.58 $1,740,995.83 CITY OF ALBERTVILLE BILLS TO BE PAID March 21, 1994 Check No. Vendor Reason Amount 8302-8305 VOID 8306 AT&T Miantenance Contract 9.70 8307 Anoka Tech. College Fire Dept. Course 120.00 8308 Chouinard Office Prod. Supplies 1.53 8309 Crow River News Feb. Publications 151.20 8310 Don's Auto Service Fire Dept. 89.84 200.16 WWTF - 81.18 Streets - 29.14 0311 Federal Signal Corp. Defense Siren 10,825.73 B312 Feed -Rite Controls Test 2/16/94 40.00 8313 Fehn Gravel Haul salt/sand 84.00 8314 Gopher State One -Call Locates 6.75 8315 HEP Computer Services Repair & clean both 400.66 Computers - Supplies 8316 Hackenmueller's Plow 41.81 123.66 Streets 27.29 Park 27.28 WWTF 27.28 8317 Ken Dehmer Trucking Raise manhole-WWTF 467.50 8318 MedCenters April Group Health 730.10 8319 Meyer-Rohlin, Inc. WWTF - Feb. 94 683.73 8320 Monticello Animal Control February Services 32.00 8321 City of Monticello Animal Control 106.00 8322 Northern Dewatering Labor/Materials 477.5E to repair WWTF pump 8323 NSP WWTF 644.75 998.45 City Hall 165.94 Parks 187.76 8324 Pat's 66 Plow 52.31 178.30 Streets 42.00 Parks 42.00 WWTF 41.99 8325 Postmaster Postage 300.00 8326 RCM Service 1/30-2/26 281.00 8327 Wright Recycling February Service 600.00 TOTAL PAYMENTS $16,818.05 a League of Minnesota Cities February 24, 1994 3490 Lexington Avenue North St. Paul, MN 55126-8044 (612)490-5600 To: LMCIT Member Cities and Agents From: LMCIT Board of Trustees Re: Deletion of Medical Payments Coverage At the request of several member cities, the LMCIT Board of Trustees has decided to give Trust members the option of deleting "COVERAGE B. MEDICAL AND RELATED PAYMENTS" from the Comprehensive Municipal Property and Casualty Coverage document. "COVERAGE B" provides a limited form of "no fault" medical payments protection to individuals who have sustained bodily injury arising out of a condition on city property. The coverage is limited to $1,000 of medical expenses and has several conditions and exclusions associated with it. The Board chose to make the coverage optional because some cities had expressed a belief that there was little justification for making a payment to an injured person, irrespective of the fault. This memo will attempt to address some of the questions that will likely come up when city officials are considering whether to delete medical payments coverage. I. What is the rationale for medical payments coverage? Medical payments coverage pays for injuries sustained by members of the public while on city property, without regard to legal liability or fault. If, for example, a citizen slips and falls in city hall, LMCIT will pay for reasonable medical expenses incurred, up to $1,000, regardless of whether or not the city was negligent. The rationale for this no fault coverage approach is that payment of medical expenses without regard to liability will help reduce both the frequency and severity of bodily injury lawsuits, because in general, injured parties may be less inclined to sue if they receive conciliatory treatment at the time of the accident. Some also see the coverage as a form of goodwill extended to those who suffer injury while on city property. II. Has the medical payments coverage actually had an effect on reducing lawsuits? It is difficult to say whether the medical payments coverage really has its intended deterrent effect of discouraging lawsuits. There is not a lot of hard and fast data to either support or oppose the proposition. - 0 V E R - LMCIT staff studied a sample of claims and the results were inconclusive. In many of the cases, liability seemed doubtful. In about a fourth of the claims, there appearred to be some possibility of liability. However, whether the medical payment was the reason the injured individual did not bring a lawsuit is pretty speculative. III. Why would a city want to delete the medical payments coverage? There are at least three arguments in favor of deleting the coverage. First, some may question the historic rationale for the coverage. Arguably, it looks like a gift of public funds to pay an individual, irrespective of fault. Second, the coverage may sometimes act as a subsidy to other available insurance sources, such as Medicare and other health coverage that might not kick in until all other available sources of compensation are exhausted. Consequently, we may in effect be subsidizing other insurance providers. Finally, it can be argued that the Trust already has the ability under the general liability coverage provisions to make a payment to an individual as a way to avoid a potential lawsuit, if there is a real risk of liability. IV. How much of a premium credit will the city receive if it deletes the medical payments coverage? The credit given for cities choosing to delete the coverage will be 1% of their general liability premium. Our, review of the medical payments history revealed that medical payments averaged about 1% of all indemnity payments made. V. How do we go about deleting the coverage? Have your agent contact LMCIT's underwriters at Berkley Risk Services. The coverage can be deleted as part of the annual renewal, or if the city desires, it can be deleted during the year for a pro-rata refund of the premium credit VI. Whom can we call if we have other questions? If you need additional information or have other questions you can contact Tom Grundhoefer or Pete Tritz at the League office, or call the underwriter at Berkley Risk Services who handle your city. :lmci27 OTSEGO CREAK AUTHORITY March 9, 1994 Albertville City Hall 7:00 PM PRESENT: Larry Fournier, Floyd Roden, Albert Barthel, Mike Potter, Engineer Larry Koshak, Dale Powers, Linda Houghton Chairman Roden called the meeting to order. Fournier made a motion to approve the minutes of the informational meeting conducted February 10, 1994, at Otsego City Hall. Barthel seconded the motion. All voted aye. Roden reported that he has not been able to get three easements signed yet. Fournier has three easements to be signed as well. All other necessary easements have been signed. Koshak reviewed the specifications for bid letting with the Authority. Koshak recommended that the deposit for the plans and spec be set at $10 per set. The Authority agreed to increase the required bid bond from 5% to 10%. The Authority also changed the date of the Completion Period from Nine Months to "End of 1994". The quantities of standing dead trees on the Quotation Form will be verified. One or more of the Authority members will walk the creek with the representative from the DNR and make the actual court of trees to be cleared. Consequ,?ntly, the final numbers on the c7?70tAtl nr fo='m may change ?—fore tl^a bid Oro,-ess is started. Fo+ rni er cuggpast- rl that RadZwi 1 1 Law office be contacted to an.-i the bid form Drier to Council action. Koshak will add the terms of the General Conditions as well to the form. Potter made a motion to approve the specs as amended with the quantities to be determined upon walk through. Fournier seconded the motion. All voted aye. Fournier seconded the motion. All voted aye. The members of the Authority who do the walk-through will set the date for the bid opening. The Clerks will place approval of the bid form and the specs on the next upcoming Council meeting. Linda was directed to contact the legal department regarding the necessary resolutions for the approval of the plans and specs and bid forms. Fournier made a motion to adjourn at 7:50 PM. Potter seconded the motion. All voted aye. Linda Houghton, Clerk CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS FOR FOR DEBRIS REMOVAL AND CLEARING IN OTSEGO CREEK CHANNEL AND BANK AREA OTSEGO CREEK AUTHORITY CITY OF ALBERTVILLE CITY OF OTSEGO MARCH, 1994 Prepared by: HAKANSON ANDERSON ASSOCIATES, INC. 222 Monroe Street Anoka, Minnesota 55303 Telephone: 612/427-5860 I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under State of Minnesota Statutes Sections 326.02 to 326.16. Lawrence G. Koshak, P.E. Reg. No. Date File: OT4:1 1-9 Spec. No. TABLE OF CONTENTS Contract Documents and Technical Specifications for Related Documents: Title Page and Certification Table of Contents DIVISION 0 - BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF THE CONTRACT 00100 Advertisement for Bids Page 1 of 1 00200 Information for Bidders Page 1 to 2 00300 Bid Proposal Form Page 1 to 00310 Bid Alternatives _ 00410 Bid Security Form Page 1 of 1 00430 Tabulation of Subcontractors Page 1 of 1 00450 Tabulation of Suppliers or Materials Page 1 of 1 00480 Affidavit of Non -Collusion Page 1 of 1 00510 Notice of Award Form Page 1 of 1 00520 Contract Agreement Form Page 1 to 2 00530 Supplemental Agreement Form Page 1 to 2 00540 Notice to Proceed Page 1 to 2 00610 Performance and Payment Bond Form Page 1 to 2 00630 Warranty and Maintenance Bond Form Page 1 of 1 00650 Certificates of Insurance Page 1 of 1 00660 Regulatory Compliance Certification Page 1 of 1 00700 General Conditions Articles 1 through 44 Page 1 to 34 00800 Supplemental General Conditions Page 1 of 1 00900 Addenda Form Page 1 of 1 TC-1 DIVISION 1 - GENERAL REQUIREMENTS Special Provisions Articles 1-8, Special Provisions to the Contract. DIVISION 2 - SITE WORK Street Construction Specifications SP-00 General SP-01 Scope of Work SP-02 Debris Removal from Around Culverts & Structures SP-03 Clearing (standing dead trees) SP-04 Removal of Fallen Wood in Channel SP-05 Disposal of Wood & Debris by Removal From Site SP-06 Stacked Wood Left for Landowners TC-2 DIVISION 0 ADVERTISEMENT FOR BIDS TO WHOM IT MAY CONCERN: Separate sealed bids for debris removal and dead tree clearing will be received by chairman at the City of Otsego City Hall until and then at said office publicly opened and read aloud. Principal components of the project include the following: Clearing dead trees 75 each Channel debris removal 1 lump sum Debris removal at culverts 16 each The contract documents may be examined at the following locations: City of Otsego Hakanson Anderson Assoc., Inc. 8899 Nashua Ave. NE 222 Monroe Street Otsego, MN 55330 Anoka, MN 55303 City of Albertville PO Box 131 Albertville, MN 55301 Copies of the contract documents may be obtained at the office of Hakanson Anderson Associates, Inc., located at 222 Monroe Street, Anoka, Minnesota 55303 upon deposit of $ 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. Each bidder shall submit with the proposal a bidder's bond made payable to Otsego Creek Authority in the amount of fives 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 Authority reserves the right to reject any or all bids and to waive informalities. Date: N: INFORMATION FOR BIDDERS Quotations will be received by the Otsego Creek Authority (hereinafter called the "Owner") at the City of Hall of City of Otsego, 8899 Nashua Avenue N.E., Otsego, Minnesota 55330 until , Central Standard Time, , 1994 and then at said office publicly opened and read aloud. Each quote must be submitted in a sealed envelope, addressed to Mr. Floyd Roden, Chairman of Otsego Creek Authority. Each sealed envelope containing a quote must be plainly marked on the outside as: "Quote for Debris Removal and Tree Clearing in Otsego Creek Channel and Bank Area" and the envelope should bear on the outside the name of the bidder and his address. If forwarded by mail, the sealed envelope containing the quote must be enclosed in another envelope addressed to the owner at the City of Otsego. All Bids must be on the required Quotation Form. All blank spaces for bid prices must be filled in, in ink or typewritten. The Quotation Form must be fully completed and executed when submitted. Only one (1) copy of the Quotation Form is required. The Owner may waive any informalities or minor defects or reject any and all quotes. Any Quote may be withdrawn prior to the above scheduled time for the opening of Quotes or authorized postponement thereof. Any Quote received after the time and date specified shall not be considered. No Bidder may withdraw a Quote for a period of sixty (60) days after the date of opening. Should there be reasons why the con- tract cannot be awarded within the specified period, the time may be extended by mutual agreement between the Owner and the Bidder. Bidders must satisfy themselves of the accuracy of the estimated quantities in the Quotation Schedule by examination of the site and review of the drawings and specifications, including Addenda. After Quotes have been submitted, the Bidder shall not assert that there was a misunderstanding concerning the quantities of work or of the nature of the work to be done. The Owner shall provide to Bidders prior to bidding, all information which is pertinent to, and delineates and describes, the land owned and rights -of -way acquired or to be acquired. The Contract documents contain the provisions required for the construction of the project. Information obtained from an officer, agent, or employee of the Owner or any other person shall not affect the risks or obligations assumed by the Contractor or relieve him from fulfilling any of the conditions on the contract. im A Performance Bond and a Payment Bond, in the amount of one hundred percent (100%) of the contract price, with a corporate surety approved by the Owner, will be required for the faithful performance of the contract. Attorneys -in -fact who sign Bid Bonds or Payment Bonds and Performance Bonds must file with each bond a certified and effective dated copy of their power of attorney. The party to whom the contract is awarded will be required to execute the Agreement and obtain the Performance Bond and Payment Bond within ten (10) calendar days from the date when Notice of Award is delivered to the Bidder. The Notice of Award shall be accompanied by the necessary Agreement and Bond Forms. In case of failure of the Bidder to execute the Agreement, the Owner may at his option consider the Bidder in default, in which case the Bid Bond accompanying the proposal shall become the property of the Owner. The Owner, within ten (10) days of receipt of acceptable Performance Bond, Payment Bond and Agreement signed by the party to whom the Agreement was awarded,shall sign the Agreement and return to such party an executed duplicate of the Agreement. Should the Owner not execute the Agreement within such period, the Bidder may give written notice to withdraw his signed Agreement. Such notice of withdrawal shall be effective upon receipt of that written notice by the Owner. The Notice to Proceed shall be issued within ten (10) days of the execution of the Agreement by the Owner. Should there be reasons why the Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between the Owner and Contractor. If the Notice to Proceed has not been issued within the ten (10) day period or within the period mutually agreed upon, the Contractor may terminate the Agreement without further liability on the part of either party. IB-2 The Owner may make such investigations as he deems necessary to determine the ability of the Bidder to perform the work and the Bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any Quote if the evidence submitted by, or investigation of, such Bidder fails to satisfy the Owner that such Bidder is properly qualified to carry out the obligations of the Agreement and to complete the work contemplated therein. A conditional or qualified Quote will not be accepted. Award will be made to the lowest responsible Bidder. All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout. Each Bidder is responsible for inspecting the site and for reading and being thoroughly familiar with the contract documents. The failure or omission of any Bidder to do any of the foregoing shall in no way relieve any Bidder form any obligation in respect to his Bid. The Authority's engineer is Hakanson Anderson Associates, Inc., 222 Monroe Street, Anoka, Minnesota 55303, telephone (612) 427-5860. HE BID PROPOSAL To: (hereinafter called the "Owner"): Otsego Creek Authority Project: Debris Removal & Tree Clearing in Otsego Creek Channel and Bank Area Proposal of: (hereinafter called the "Bidder"), organized and existing under the laws of the State of and doing business as `Insert "a corporation", "a partnership" or "an individual" as applicable. In compliance with the Advertisement for Quotes, the Bidder hereby proposes to perform all work for the construction of the above referenced Project in strict accordance with the Contract Documents, within the time set forth therein and at the prices stated. By submission of this Bid, each bidder certifies, and in the case of a joint bid, each party thereto certifies as to his own organization, that this bid has been arrived at independently, without consultation, communication or agreement as to any matter relating to this bid with any other bidder or with any competitor. The Bidder hereby agrees to commence work under this contract on or before a date to be specified in the Notice to Proceed and to fully complete the projects in accordance with the schedule provided in the Special Provisions. The Bidder further agrees to pay liquidated damages as provided in the General Conditions of the Specifications. The Bidder acknowledges receipt of the following addendum: 1. 2. 3. 4. 5. m QUOTATION FORM 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: SCHEDULE "A" - STATION 16+00 - 164+25 (City of Otsego) Item Description Est. Quantity Unit Price 1. Debris Removal Around Culverts and Structures 7 Each $ /EA $ 2. Clearing (standing dead trees only) 30 Trees $ /TR $ 3. Removal of Fallen Wood in Channel 1 Lump Sum $ /LS $ TOTAL SCHEDULE "A": $ SCHEDULE B - STATION 164+25 TO END Item Description Est. Quantity Unit Price 1. Debris Removal Around Culverts and Structures 9 Each $ /EA $ 2. Clearing (standing dead trees) 45 Trees $ /TR S 3. Removal of Fallen Wood in Channel 1 Lump Sum $ /LS $ TOTAL SCHEDULE B: SUMMARY: Total Schedules A and B: BP-2 Extension Extension Respectfully submitted: Attest: Attest: SEAL (if Bid is by a corporation) BID PROPOSAL Signature Title Address Date Signature Title Address Date License Number (if applicable) Note: Two corporation officers are to sign if applicable. STATE O F COUNTY OF The foregoing instrument was acknowledged before me this day of , 199 Notary Public, County, Minnesota My Commission Expires SP-3 DIVISION 1 - SPECIAL PROVISIONS INDEX ►escription chedule :a and Easements J Procedural roperty Protection ince During Construction SS-1 SPECIAL PROVISIONS 1.00 GENERAL These special provisions contain items of specific instruction and subject matter concerning construction detail and/or are modifications to the General Requirements and Standard Specifications. 2.00 PROJECT DESCRIPTION The work specified within these contract documents shall consist of all necessary labor, equipment and materials to perform the clearing of dead trees and clearing of debris from the channel and banks of Otsego Creek as shown and described in the Contract Documents. The Otsego Creek Authority, is the owner of the improvement. Otsego Creek Authority has been created by the Cities of Albertville and Otsego. The division of work is provided for by the schedules contained in the Bid Proposal Form. The division is not necessarily reflective of the contractors work operations, methods and procedures. The contractor is responsible for all work as specified and may conduct that work as desired. 3.00 PROJECT SCHEDULE 3.01 Commencement. As soon as possible. 3.02 Completion Period. Mine months. 3.03 Final Completion. December 31, 1994. 3.04 Failure by the Contractor to meet each of the above schedules shall subject the contractor to liquidated damages of $50 per day. 4.00 EASEMENT AND PERMITS 4.01 Easement. The Authority and the Cities have obtained the temporary easements and rights of access to the property along the creek. The contractor is responsible for compliance with any construction related easement conditions known at time of bidding. Should the contractor desire or require work areas greater than shown or provided, said area use shall be acquired at the contractor's expense. Contractor operations shall be confined to the work area and/or easements provided and shown unless the contractor provides written documentation showing acquisition of rights to use additional land. All disturbed areas shall be restored as specified. SP-1 4.02 Permits. No permit is required from the Mn/DNR for the work outlined in these specifications. However, the DNR will monitor the activities of the project. The contractor shall provide all construction permits, if any, required by the City or other agencies having jurisdiction. The contractor shall also be responsible for any municipal, state or federal fees or licenses required for work operations. It shall be the contractor's responsibility for final securement of all permits, payment of any fees and/or bonds required and for compliance with all permit conditions. 5.0 INSURANCE The Contractor shall provide (from insurance companies acceptable to the Owner) the insurance coverage designated hereinafter and pay all costs. Before commencing Work under this Agreement, the Contractor shall furnish the Owner with certificates of insurance specified herein showing the type, amount, class of operations covered, effective dates, and date of expiration of policies, and containing substantially the following statement: "The insurance covered by this certificate will not be canceled or materially altered, except after 10 days written notice has been received by the Owner." In case of the breach of any provision of this Article, the Owner, at his option, may take out and maintain, at the expense of the Contractor, such insurance as the Owner may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Contractor under this Agreement. 5.01 CONTRACTOR AND SUBCONTRACTOR INSURANCE The Contractor shall not commence Work on this Agreement until he has obtained all the insurance has been reviewed by the Owner, nor shall the Contractor allow any Subcontractor to commence Work on his subcontract until all similar insurance required for that portion of the Work has been so obtained and reviewed. Review of the insurance by the Owner shall not relieve or decrease the liability of the Contractor hereunder. 5.02 COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE The Contractor shall maintain during the life of this Agreement the statutory Worker's Compensation, in addition to, Employer's Liability Insurance in an amount not less than $100,000 for each occurrence and a combined single limit of liability of $1,000,000 for each occurrence for all of his employees to be engaged in Work on the Project under this Agreement and, in case any such Work is sublet, the Contractor shall require the Subcontractor similarly to provide Worker's Compensation and Employer's Liability Insurance for all of the latter's employees to be engaged in such Work. Where Work under SP-2 this Agreement includes any water or navigational exposure, coverage shall be included to cover the Federal Longshoremen's and Harborworker's Act and the Federal Jones Act. 5.03 PUBLIC LIABILITY (INCLUDING AUTOMOTIVE) AND PROPERTY DAMAGE INSURANCE The Contractor shall maintain during the life of this Agreement such public liability and property damage insurance and automobile public liability and property damage insurance and shall protect him, the Owner, the Engineer, and any Subcontractor performing Work covered by this Agreement from claims for damages for personal injury, including accidental death, as well as frorn claims for property damage, which may arise from negligent operations under this Agreement, whether such operations are by h;mself or by any Subcontractor or by anyone directly or indirectly employed by either of them, and the amounts of such insurance shall be not less than: (1) Public liability insurance in an amount not less than $500,000 for injuries, including wrongful death to any one person, and subject to the same limit for each person in an amount not less than $1,000,000 for each occurrence. (2) "Broad Form" property damage liability insurance in an amount not less than $500,000 for each occurrence. The Contractor's public liability insurance and property damage insurance shall provide the primary coverage on all claims arising out of the performance of the Agreement, and shall name the Owner, its officers, agents and employees, and the Engineer as additional insureds therein. 6.00 PARTIAL AND FINAL PAYMENTS Requests for partial or final payment may be made for work through the end of any calendar month. The owner shall act on such requests at regularly scheduled meetings. A minimum of ten working days shall be provided for the engineer's and owner's administrative staff review prior to scheduling action on partial payments by the owner. 7.00 PRIVATE PROPERTY PROTECTION Trees, fences and all other private property shall be protected from damage unless their removal is shown on the plans and authorized by the engineer. Any property damaged shall be satisfactorily restored by the contractor, or adequate compensation therefore shall be the responsibility of the contractor. SP-3 8.00 MAINTENANCE DURING CONSTRUCTION Once the contractor commences work on the project, the construction area shall be maintained for the remainder of the project by the contractor at his own expense. Necessary signs and barricades shall be furnished by the contractor. Access shall be kept open and maintained. This work shall be incidental to the other work items. 9.00 PROSECUTION AND PROGRESS The notice of award directs the successful bidder to submit required insurance, bonds and executed contracts. Upon receipt of such notice, the bidder shall contact the engineer and discuss in general the means, methods and procedures proposed to construct the work as specified and as scheduled. A notice to proceed will be provided to the contractor upon approval and execution of all contract documents. Concurrent with such notice a pre -construction conference will be scheduled and held with the contractor, engineer, representatives of the owner and representatives of any subcontractors, suppliers, agencies, utility companies or others with interest in the project. The contractor shall submit documentation for review at the preconstruction conference to identify construction personnel responsible for the work and to identify subcontractors or suppliers. The contractor shall prepare and submit a written schedule of the work, identifying work components and showing work start and completion dates required to comply with the contract documents and schedule. The contractor shall prepare and submit a list of material submittals that are required to comply with specified standards and will submit certificates of compliance or a schedule for compliance submittal. No work is authorized on the project until the conditions of award or notice to proceed, if any, are met and all required submittals or schedules are approved. Once work has commenced, the contractor shall continuously pursue completion in accordance with the approved schedule. The contractor shall provide periodic written updates on construction methods, procedures and schedules as necessary and at least monthly. No partial payments shall be made unless such updates are provided. 10.00 MAINTENANCE AND CLEANUP OF WORK AREA When the work has been completed, the contractor shall remove from the project site all equipment, debris and wood (other than that specifically allowed to remain). All surfaces disturbed during the construction period, whether caused by the construction equipment shall be returned to their original condition or better. Maintenance, cleanup and restoration of work areas shall be incidental to other work except as provided by bid item. M. DIVISION 2 DIVISION 2 - CONSTRUCTION SPECIFICATIONS INDEX SP-00 General SP-01 Scope of Work SP-02 Debris Removal from Around Culverts & Structures SP-03 Clearing (standing dead trees) SP-04 Removal of Fallen Wood in Channel SP-05 Disposal of Wood & Debris by Removal From Site SP-06 Stacked Wood Left for Landowners SP-00 GENERAL The specification for this work herein are prepared to meet the General Conditions found in the field. The intent is addressed in the scope of work in Division 1 and 2. The contractor's operation shall conform to all State, Federal and local regulations, rules and ordinances pertaining to this and similar type of work. The Minnesota Dept. of Natural Resources have a right to direct the method and approach to work in the creek area. SP-01 SCOPE OF WORK The intent of this work is to clean the creek of debris and remove the dead trees from the channel and banks of the creek. The specifications describe the limits of work. The DNR will provide field assistance as to the type and amount of debris and tree removal allowed. The purpose of the work is to make the ditch more efficient and to perform long over due maintenance. SP-02 DEBRIS REMOVAL FROM AROUND CULVERTS AND STRUCTURES The contractor shall provide labor, equipment and tools to remove and dispose of the accumulated debris around each culvert and structure in or over the creek channel. The debris is generally dead wood and other vegetation. The work requires that each end of the culvert or structure be cleaned. It also requires that the cleaning included in this item extend to at least 10 feet on each side up and down stream and along the bank on either side. This will include removal of debris inside the culvert, that in the opinion of the engineer is required to be removed. The debris shall either be hauled from the site or burned on site (if permitted by Fire Warden and landowners). Payment shall be made on each culvert and structure cleaning per a lump sum basis per each. SP-03 CLEARING STANDING DEAD TREES The contractor shall cut and fall dead trees along or in the channel and banks of the creek. Only dead trees or limbs may be cut. The authority with assistance from the DNR will flag the trees to be cut. Cutting will be done as low as possible to the ground. Stumps will not be removed. Trees measured 4" or less in diameter 2 feet above the ground shall not be considered as a payment item. Trees will be cut by hand with use of chainsaws and/or hand saws. If it is the desire of the landowner, the tree trunks will be cut into 4' lengths and piled in the area between the tree line and farmfield (upland). All wood from the fall. - trees shall be removed from the creek channel and bank. If the landowners does not want the wood, the contractor shall dispose of them off -site and, if permitted, by the Fire Warden and landowner, the wood may be burned on -site. Payment shall be made per each marked tree fell and removed or disposed of. SP-04 REMOVAL OF FALLEN WOOD AND DEBRIS IN THE CHANNEL The contractor shall furnish labor, equipment and tools necessary to remove wood, logs branches and other debris in the creek channel. The material in the channel to be removed has been determined to be blocking and restricting the stream flow. The contractor on removing the debris shall not disturb and erode the stream bank. Care must be taken not to change the channels shape or dimension in performing this operation. The DNR will assist the authority in determining the location and degree of sensitivity to be performed will remove the material. This item shall be paid for by lump sum which includes all equipment and labor to complete the proposed work for this item. SP-05 DISPOSAL OF WOOD AND DEBRIS BY REMOVAL FROM SITE The contractor shall furnish the equipment and labor to load, and remove from location to a disposal area off site. The contractor is required by so doing to provide the Authority with a location of the disposal site. The contractor shall also, in writing, assure the Authority that the disposal meets all applicable rules and regulations for disposal. The item is considered incidental to the project. SP-06 STACKED WOOD, LEFT FOR LANDOWNERS USE The contractor shall upon request of the landowner and also with approval of the landowners pile and stack in convenient locations wood cut from the landowners property. The length on cutting shall not be less than 4' and no larger than 8'. All small branches and wood not usable for fire wood shall be removed from site or burn as appropriate. This item is incidental to the project.