HomeMy WebLinkAbout02/28/2005 Council PacketAGENDA
ECONOMIC DEVELOPMENT AUTHORITY
Monday, February 28, 2005
6:00 P.M.
Council Chambers
CITY OF LINO LAKES
Monday,
February 28, 2005
Council Chambers
City Council meeting
6:30 p.m.
(Scheduled to be broadcast on Channel 16)
Open Mike
- Call to Order and Roll Call
- Pledge of Allegiance
Setting the Agenda: Addition or deletion of agenda items
1. Consent Agenda -
A) Consideration of Expenditures:
i) February 28, 2005 (Check No. 73140 through 73222 in the amount
of $179,603.70). Pg. 4 -9
ii) Centennial Fire District (Check No. 14619 through 14636 in the
amount of $26,701.01). Pg. 10
B) Consider Resolution 05 -25, Approving Canvasser /Solicitor License for
ACORN (Minnesota Association of Community Organizations for Reform
Now) Pg. 11 -14
C) Consider Approval of Resolution No. 05 -24, Application for Temporary
On -Sale Liquor License for Lino Lakes Lions Club Pg. 15 -16
D) Consider Approval of Minutes of January 24, 2005 Council Meeting
E) Consider Approval of Minutes of February 9, 2005 Work Session
2. Finance Department Report, Al Rolek
Page 1
AGENDA
A) None.
3. Administration Department Report, Dan Tesch
A) Consider Appointment of Advisory Board Members (will follow after
Wednesday Work Session) Pg. 17
B) Tentative Offer of Employment for Police Officer Position (will be
handed out at Wednesday Work Session) Pg. 18
4. Public Safety Department Report, Dave Pecchia
A) None.
5. Public Services Department Report, Rick DeGardner
A) None.
6. Community Development Department Report, Michael Grochala
A) Public Hearing, Annual Storm Water Pollution Prevention Program, Jim
Jacques Pg. 19
B) Consideration of Resolution No. 05 -13, Approving CUP Amendment,
Molin Concrete, Paul Bengtson Pg. 20 -31
C) Consideration of Resolution No. 05 -14, Approving Business Subsidy,
Schwans, Mary Divine Pg. 32 -35
D) Consideration of Resolution No. 05 -15, Approving YMCA Development
Agreement, Michael Grochala Pg. 36 -45
E) Consideration of Resolution No. 05 -16, Approving Land Purchase,
Rehbein Property (Lake Drive Improvements), Mary Divine
Pg. 46 -48
F) Consideration of Resolution No. 05 -17, Approving Joint Powers
Agreement with Anoka County, AUAR Cost Sharing, Michael Grochala
Pg. 49 -56
G) Consideration of Resolution No. 05 -18, Approving Advertisement of Bids
for Well Construction of Well No. 5, Jim Studenski Pg. 57 -58
Page 2
AGENDA
H) Consideration of Resolution No. 05 -19, Authorizing Preparation of Plans
& Specs, 2005 Street Sealcoat Project, Jim Studenski
Pg. 59 -60
I) Consideration of Resolution No. 05 -20, Authorizing Preparation of Plans
& Specs, 2005 Street Overlay Project, Jim Studenski
Pg. 61 -62
J) Consideration of Resolution No. 05 -21, Approving Final Payment, 62nd
Street Improvement Project, Jim Studenski Pg. 63 -71
K) Consideration of Resolution No. 05 -22, Approving Revised Final
Payment, Elm Street Improvement Project, Jim Studenski
Pg. 72 -82
L) Consideration of Resolution No. 05 -23, Approving Final Payment, 2003
Surface Water Management Project, Jim Studenski Pg. 83 -93
7. Unfinished Business
A) None.
8. New Business
A) None.
9. Community Calendar, March 1, 2005 through March 14, 2005:
A) EDAC Meeting, Thursday, March 3, 2005, 7:00 a.m.
B) Park Board Meeting, Monday, March 7, 2005, 6:30 p.m.
C) Council Work Session, Wednesday, March 9, 2005, 5:30 p.m.
D) Planning & Zoning Board Meeting, Wednesday, March 9, 2005, 6:30 p.m.
D) City Council Meeting, Monday, March 14, 2005, 6:30 p.m.
10. Adjourn
Revised 02/17/05 mmg 12:19 p.m.
Page 3
EXPANDED AGENDA
ECONOMIC DEVELOPMENT AUTHORITY
Monday, February 28, 2005
6:00 P.M.
Council Chambers
CITY OF LINO LAKES
Monday,
February 28, 2005
Council Chambers
City Council meeting
6:30 p.m. (6:40 p.m.)
(Scheduled to be broadcast on Channel 16)
Open Mike THERE WAS NO ONE PRESENT WHO WISHED TO
SPEAK.
- Call to Order and Roll Call ALL PRESENT.
Pledge of Allegiance
- Setting the Agenda: Addition or deletion of agenda items
ITEM lAi, CHECK REGISTER, WAS REMOVED FROM THE
CONSENT AGENDA AND PLACED UNDER UNFINISHED BUSINESS.
1. Consent Agenda -
A) Consideration of Expenditures:
February 28, 2005 (Check No. 73140 through 73222 in the amount
of $179,603.70). Pg. 4 -9
ii) Centennial Fire District (Check No. 14619 through 14636 in the
amount of $26,701.01). Pg. 10
B) Consider Resolution 05 -25, Approving Canvasser /Solicitor License for
ACORN (Minnesota Association of Community Organizations for Reform
Now) Pg. 11 -14
C) Consider Approval of Resolution No. 05 -24, Application for Temporary
On -Sale Liquor License for Lino Lakes Lions Club Pg. 15 -16
Page 1
EXPANDED AGENDA
MOTION BY COUNCILMEMBER DAHL, SECONDED BY
COUNCILMEMBER REINERT, APPROVING THE CONSENT AGENDA,
ITEMS lAii THROUGH 1C AS RECOMMENDED BY STAFF. THE
MOTION PASSED UNANIMOUSLY.
2. Finance Department Report, Al Rolek
A) None.
3. Administration Department Report, Dan Tesch
A) Consider Appointment of Advisory Board Members
Pg. 17
MOTION BY COUNCILMEMBER CARLSON, SECONDED BY
COUNCILMEMBER DAHL, APPROVING THE LIST OF
APPOINTMENTS AS OUTLINED IN THE STAFF REPORT. THE
MOTION PASSED UNANIMOUSLY.
B) Tentative Offer of Employment for Police Officer Position
Pg. 18
MOTION BY COUNCILMEMBER STOLTZ, SECONDED BY
COUNCILMEMBER REINERT, APPROVING THE OFFER OF
EMPLOYMENT TO JENNIFER CARR AS RECOMMENDED BY STAFF.
THE MOTION PASSED UNANIMOUSLY.
4. Public Safety Department Report, Dave Pecchia
A) None.
5. Public Services Department Report, Rick DeGardner
A) None.
6. Community Development Department Report, Michael Grochala
A) Public Hearing, Annual Storm Water Pollution Prevention Program, Jim
Jacques Pg. 19
FOLLOWING MR. JACQUES' PRESENTATION, THERE WAS NO ONE
PRESENT WHO WISHED TO SPEAK.
MOTION BY COUNCILMEMBER REINERT, SECONDED BY
COUNCILMEMBER DAHL, TO CLOSE THE PUBLIC HEARING ON
THIS ITEM AT 6:53 P.M. THE MOTION PASSED UNANIMOUSLY.
Page 2
EXPANDED AGENDA
B) Consideration of Resolution No. 05 -13, Approving CUP Amendment,
Molin Concrete, Paul Bengtson Pg. 20 -31
MOTION BY COUNCILMEMBER REINERT, SECONDED BY
COUNCILMEMBER STOLTZ, FOR ADOPTION OF RESOLUTION NO.
05 -13, AS RECOMMENDED BY STAFF. THE MOTION PASSED
UNANIMOUSLY.
C) Consideration of Resolution No. 05 -14, Approving Business Subsidy,
Schwans, Mary Divine Pg. 32 -35
MOTION BY COUNCILMEMBER STOLTZ, SECONDED BY
COUNCILMEMBER REINERT, FOR ADOPTION OF RESOLUTION NO.
05 -14, AS RECOMMENDED BY STAFF. VOTE: THREE AYES, TWO
NAYS. THE MOTION PASSED. COUNCILMEMBERS REINERT,
BERGESON AND STOLTZ VOTED AYE. COUNCILMEMBERS DAHL
AND CARLSON VOTED NAY.
D) Consideration of Resolution No. 05 -15, Approving YMCA Development
Agreement, Michael Grochala Pg. 36 -45
MOTION BY COUNCILMEMBER DAHL, SECONDED BY
COUNCILMEMBER REINERT, FOR ADOPTION OF RESOLUTION NO.
05 -15, AS RECOMMENDED BY STAFF. THE MOTION PASSED
UNANIMOUSLY.
E) Consideration of Resolution No. 05 -16, Approving Land Purchase,
Rehbein Property (Lake Drive Improvements), Mary Divine
Pg. 46 -48
MOTION BY COUNCILMEMBER DAHL, SECONDED BY
COUNCILMEMBER REINERT, FOR ADOPTION OF RESOLUTION NO.
05 -16, AS RECOMMENDED BY STAFF. THE MOTION PASSED
UNANIMOUSLY.
F) Consideration of Resolution No. 05 -17, Approving Joint Powers
Agreement with Anoka County, AUAR Cost Sharing, Michael Grochala
Pg. 49 -56
MOTION BY COUNCILMEMBER STOLTZ, SECONDED BY
COUNCILMEMBER REINERT, FOR ADOPTION OF RESOLUTION NO.
05 -17, AS RECOMMENDED BY STAFF. THE MOTION PASSED
UNANIMOUSLY.
G) Consideration of Resolution No. 05 -18, Approving Advertisement of Bids
for Well Construction of Well No. 5, Jim Studenski Pg. 57 -58
Page 3
EXPANDED AGENDA
MOTION BY COUNCILMEMBER REINERT, SECONDED BY
COUNCILMEMBER STOLTZ, FOR ADOPTION OF RESOLUTION NO.
05 -18, AS RECOMMENDED BY STAFF. VOTE: FOUR AYES, ONE
NAY. THE MOTION PASSED. COUNCILMEMBERS DAHL, REINERT,
BERGESON AND STOLTZ VOTED AYE. COUNCILMEMBER
CARLSON VOTED NAY.
H) Consideration of Resolution No. 05 -19, Authorizing Preparation of Plans
& Specs, 2005 Street Sealcoat Project, Jim Studenski
Pg. 59 -60
MOTION BY COUNCILMEMBER CARLSON, SECONDED BY
COUNCILMEMBER STOLTZ, FOR ADOPTION OF RESOLUTION NO.
05 -19, AS RECOMMENDED BY STAFF. THE MOTION PASSED
UNANIMOUSLY.
I) Consideration of Resolution No. 05 -20, Authorizing Preparation of Plans
& Specs, 2005 Street Overlay Project, Jim Studenski
Pg. 61 -62
MOTION BY COUNCILMEMBER DAHL, SECONDED BY
COUNCILMEMBER CARLSON, FOR ADOPTION OF RESOLUTION
NO. 05-20, AS RECOMMENDED BY STAFF. THE MOTION PASSED
UNANIMOUSLY.
J) Consideration of Resolution No. 05 -21, Approving Final Payment, 62 °d
Street Improvement Project, Jim Studenski Pg. 63 -71
MOTION BY COUNCILMEMBER CARLSON, SECONDED BY
COUNCILMEMBER DAHL, FOR ADOPTION OF RESOLUTION NO. 05-
21, AS RECOMMENDED BY STAFF. THE MOTION PASSED
UNANIMOUSLY.
K) Consideration of Resolution No. 05 -22, Approving Revised Final
Payment, Elm Street Improvement Project, Jim Studenski
Pg. 72 -82
MOTION BY COUNCILMEMBER REINERT, SECONDED BY
COUNCILMEMBER DAHL, FOR ADOPTION OF RESOLUTION NO. 05-
22, AS RECOMMENDED BY STAFF. THE MOTION PASSED
UNANIMOUSLY.
L) Consideration of Resolution No. 05 -23, Approving Final Payment, 2003
Surface Water Management Project, Jim Studenski Pg. 83 -93
MOTION BY COUNCILMEMBER STOLTZ, SECONDED BY
COUNCILMEMBER CARLSON, FOR ADOPTION OF RESOLUTION
NO. 05 -23, AS RECOMMENDED BY STAFF. THE MOTION PASSED
UNANIMOUSLY.
Page 4
EXPANDED AGENDA
7. Unfinished Business
A) February 28, 2005 (Check No. 73140 through 73222 in the amount of
$179,603.70).
COUNCILMEMBER CARLSON INQUIRED AS TO WHY THE
STAFF REPORT ON THIS ITEM WAS MISSING THE ITEMIZED
DETAIL. CITY ADMINISTRATOR HEITKE INDICATED THE
FINANCE DEPARTMENT WOULD PROVIDE IT — THE
ABBREVIATED FORM OF THE REPORT WAS UNINTENTIONAL.
MOTION BY COUNCILMEMBER CARLSON, SECONDED BY
COUNCILMEMBER STOLTZ, APPROVING THE CHECK
REGISTER FOR FEBRUARY 28, 2005 AS PRINTED. THE MOTION
PASSED UNANIMOUSLY.
8. New Business
A) Consider Approval of Minutes of January 24, 2005 Council Meeting
MOTION BY COUNCILMEMBER REINERT, SECONDED BY
COUNCILMEMBER STOLTZ, APPROVING THE MINUTES OF THE
JANUARY 24, 2005 CITY COUNCIL MEETING AS PRINTED. THE
MOTION PASSED UNANIMOUSLY. COUNCILMEMBER DAHL
ABSTAINED.
B) Consider Approval of Minutes of February 9, 2005 Work Session
MOTION BY COUNCILMEMBER DAHL, SECONDED BY
COUNCILMEMBER CARLSON, APPROVING THE MINUTES OF THE
FEBRUARY 9, 2005 COUNCIL WORK SESSION AS PRINTED. THE
MOTION PASSED UNANIMOUSLY. COUNCILMEMBER REINERT
ABSTAINED.
9. Community Calendar, March 1, 2005 through March 14, 2005:
A) EDAC Meeting, Thursday, March 3, 2005, 7:00 a.m.
B) Park Board Meeting, Monday, March 7, 2005, 6:30 p.m.
C) Council Work Session, Wednesday, March 9, 2005, 5:30 p.m.5:00 P.M.
D) Planning & Zoning Board Meeting, Wednesday, March 9, 2005, 6:30 p.m.
E) City Council Meeting, Monday, March 14, 2005, 6:30 p.m.
Page 5
EXPANDED AGENDA
10. Adjourn
MOTION BY COUNCILMEMBER CARLSON, SECONDED BY
COUNCILMEMBER REINERT, TO ADJOURN THE MEETING AT 8:38 P.M.
THE MOTION PASSED UNANIMOUSLY.
Revised 02/17/05 mmg 12:19 p.m.
Page 6
AGENDA
ECONOMIC DEVELOPMENT AUTHORITY
MONDAY
FEBRUARY 28, 2005
6:00 P.M.
1. Call to Order and Roll Call
2. Consideration of Minutes of December 20, 2004
3. Consideration of Annual Appointments
4. Public Hearing: Consideration of Business Subsidy for Schwan's Home Services, Inc.
4A. Resolution No. 05 -01 Approving the Contract for Private Development by
and between the Lino Lakes Economic Development Authority and Schwan's
Home Service, Inc., and awarding sale of $91,715 Tax Increment Revenue Note.
Adjourn
DATE
MEMBERS PRESENT
MEMBERS ABSENT
OTHERS PRESENT
CITY OF LINO LAKES
ECONOMIC DEVELOPMENT AUTHORITY
MINUTES
: December 20, 2004
: J. Bergeson, D. Carlson, C. Dahl, J. Reinert, D. Stoltz
: None
: Mary Divine, Gordon Heitke, Steve Bubul and Barry
Sullivan
CONSIDERATION OF MINUTES OF SEPTEMBER 27, 2004
EDA Member Bergeson moved to approve the September 27, 2004 minutes, as presented. EDA
Member Stoltz seconded the motion. Motion passed unanimously.
CONSIDERATION OF RESOLUTION NO. 04-04 TERMINATING TAX INCREMENT
FINANCING DISTRICT NO. 1 -8 AND DIRECTING THE DECERTIFICATION BY THE
COUNTY AUDITOR
Ms. Divine summarized the Staff report, noting that Staff is recommending approval.
EDA Member Carlson noted she is a member of the Fairview Board; however she will not abstain
because this is not a benefit to Fairview and she was not a part of the City Council when this TIF
District was set up.
EDA Member Bergeson moved to adopt Resolution No. 04 -04 terminating Tax Increment Financing
District No. 1 -8 and Directing Decertification by the County Auditor. EDA Member Carlson
seconded the motion.
Motion carried unanimously.
CONSIDERATION OF RESOLUTION NO. 04-05 APPROVING MODIFICATION OF TAX
INCREMENT FINANCING DISTRICT PLAN FOR TAX INCREMENT FINANCING
DISTRICT NO. 1 -11
Ms. Divine summarized the Staff report, indicating that Staff is recommending approval.
EDA Member Carlson asked if this would create a net loss or gain in size and dollars. Ms. Divine
indicated that originally there would have been a small amount of development on the site, but
because the YMCA has moved, and does not pay taxes, there may be a slight loss
EDA Member Carlson asked if the City gained additional environmental benefit by gaining woods.
Ms. Divine stated there was significant preservation.
EDA MINUTES DECEMBER 20, 2004
DRAFT
46 EDA Member Stoltz moved to adopt Resolution No. 04 -05 approving modification of Tax Increment
47 Financing Plan for Tax Increment Financing District No. 1 -11. EDA Member Carlson seconded the
48 motion.
49
50 Motion carried unanimously.
51
52 CONSIDERATION OF RESOLUTION NO. 04-06 AWARDING THE SALE OF, AND
53 PROVIDING THE FORM, TERMS, COVENANTS AND DIRECTIONS FOR THE
54 ISSUANCE OF ITS $1,000,000 TAXABLE TAX INCREMENT REVENUE NOTE, SERIES
55 2004
56
57 Ms. Divine summarized the Staff report, stating that Staff is recommending approval.
58
59 EDA Member Bergeson moved to adopt Resolution No. 04 -06 awarding the sale of, and providing
60 the form, terms, covenants and directions for the issuance of its $1,000,000 taxable tax increment
61 revenue note, series 2004. EDA Member Stoltz seconded the motion.
62
63 Motion carried. Vote: 3:2 EDA Members Carlson and Dahl opposed.
64
65 CONSIDERATION OF RESOLUTION NO. 04-07 AUTHORIZING INTERNAL LOAN IN
66 CONNECTION WITH TAX INCREMENT FINANCING DISTRICT NO. 1 -11
67
68 Ms. Divine summarized the Staff report, indicating that Staff is recommending approval.
69
70 EDA Member Stoltz moved to adopt Resolution No. 04 -07 authorizing internal loan in connection
71 with Tax Increment Financing District No. 1 -11. EDA Member Bergeson seconded the motion.
72
73 EDA Member Bergeson asked if this is for the same number of years as originally presented. Ms.
74 Divine stated it is up one year, and also shows payments twice a year.
75
76 EDA Member Carlson noted that the balance increases the first few years. She asked if that was
77 because they do not have TIF yet but are paying interest. Mr. Bubul indicated that is correct. He
78 stated there would not be incremental financing until 2004, but the loan starts collecting interest right
79 away. He added they were also charging 4% interest, which is the maximum they can charge. He
80 stated this rate can be reviewed every year, so if the maximum allowable rate goes up it can be
81 adjusted. He indicated this loan is also for the full amount, however if the Metropolitan Council grant
82 comes in, the loan amount can be reduced.
83
84 EDA Member Stoltz asked when the Metropolitan Council decision is expected. Ms. Divine stated
85 they will discuss it on January 2 "d, with a decision at the full meeting on January 12th
86
87 Motion carried. Vote: 3:2 EDA Members Carlson and Dahl opposed.
88
2
EDA MINUTES DECEMBER 20, 2004
DRAFT
89 ADJOURNMENT
90
91 There being no further business, EDA Member Carlson moved to adjourn. EDA Member Dahl
92 seconded the motion. Motion passed unanimously.
93
94 Meeting adjourned at 6:00 p.m.
95
96
97 Transcribed by:
98 Karen Bucklen
99 TimeSaver Off Site Secretarial, Inc.
100
3
AGENDA ITEM 3
STAFF MEMBER Mary Alice Divine
DATE February 28, 2005
SUBJECT Annual Appointments
VOTE REQUIRED Simple Majority
BACKGROUND
Each year the Economic Development Authority is required to make a number of
appointments at its first meeting of the year. The following is a list of appointments for
your consideration:
2004
2005 Recommended
1. President
Jeff Reinert
(Council Prerogative)
2 Vice President
Donna Carlson
(Council Prerogative)
3. Treasurer
Dan Stoltz
(Council Prerogative)
4. Secretary
Economic Development
Coordinator
Economic Development
Coordinator
5. Assistant Treasurer
Finance Director
Finance Director
6. Executive Director
City Administrator
City Administrator
7. Official Newspaper
Quad Community Press
Quad Community Press
8. Legal Depositories
Community National Bank
Wells Fargo
US Bank
Merrill Lynch
RBC Dain Rauscher
Wachovia Prudential
Securities
Lino Lakes State Bank
LMC 4M Fund
Smith,Barney, Citi Group
Others as needed
(Council prerogative)
RECOMMENDATION
As recommended or council prerogative.
AGENDA ITEM 4
STAFF ORIGINATOR: Mary Alice Divine
DATE: 02/28/05
TOPIC: Public Hearing: Consideration of a Business Subsidy
for Schwan's Home Service, Inc.
Vote Required: Simple Majority
BACKGROUND:
Schwan's Home Service, Inc. is one of the largest producers of frozen food
products in the United States, and the largest direct -to -home food delivery
provider. Headquartered in Marshall, Minnesota, Schwan's has had a
warehouse /distribution facility in Lino Lakes for the past 21 years on Lake Drive
just north of the 35W interchange.
Schwan's has outgrown its facility on Lake Drive, and is planning to relocate in
the Marshan Lake Industrial Park next to Distribution Alternatives. This facility will
be a 12,400 sq. ft. distribution facility on a 6.4 -acre site. Approximately 1/3 of the
building will be used as office, the remainder for warehousing and shipping
areas. Because this site is highly visible from 35W, staff requested that
Schwan's design of the building exceed the minimum standards required in the
City's Light Industrial Zoning Ordinance, and the proposed architectural design
submitted by Schwan's does achieve a level of design that will enhance the look
of the industrial park from the freeway.
The company is requesting Tax Increment Financing assistance for site
improvement costs, including site preparation, landscaping, and grading. The
company has committed to hiring a minimum of six (6) new employees within two
years at no less than $9.00 per hour, exclusive of benefits. Based on an analysis
by staff and the city's TIF consultant, the recommendation is to provide five years
of increment on a pay -as- you -go basis for a total of $91,715.
A condition of the agreement requires that the existing Schwan's facility on Lake
Drive be demolished, which is consistent with Comprehensive Plan policies and
recommendations, among them:
• To "Redevelop select, commercial /industrial properties which display
deteriorated building conditions, obsolete site design, incompatible land
use and /or under - utilization of the site."
• "The City will pursue the relocation of (small isolated industrial sites on
Lake Drive) into a community industrial park and the redevelopment of
these existing industrial sites."
• "Public assistance may be applicable where the redevelopment is
consistent with the goals of the Lino Lakes Comprehensive Plan and
within the financial capabilities of the city."
The existing Schwan's building is abutting the city's new shopping center area.
This relocation is an opportunity to ensure the existing structures are removed
for future commercial development.
Business Subsidy Criteria have been established by the city for use in evaluating
a request for a business subsidy. The criteria used in evaluating a request for a
business subsidy include:
1. The business subsidy meets a public purpose, including but not limited to
increasing the tax base.
2. While an increase in the tax base cannot be the sole rounds for granting a
subsidy, the city believes it is a necessary condition for any subsidy.
3. The recipient creates the maximum number of livable wage jobs at the
site.
4. Projects of this type should promote economic and commercial diversity
within the community, contribute to the establishment of a critical mass of
commercial development within an area, or encourage full utilization of
existing or planned infrastructure improvements.
The city's Economic Development Advisory Committee has reviewed this project.
The committee recommended supporting the project, since it met the necessary
subsidy criteria, building standards and zoning codes.
RECOMMENDATION:
Open the public hearing
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Authorizing Resolution
LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY
RESOLUTION NO. 05 -01
RESOLUTION APPROVING CONTRACT FOR PRIVATE DEVELOPMENT AND
AWARDING THE SALE OF, AND PROVIDING THE FORM, TERMS, COVENANTS
AND DIRECTIONS FOR THE ISSUANCE OF ITS $91,715 TAX INCREMENT
REVENUE NOTE, SERIES 2005.
BE IT RESOLVED BY the Board of Commissioners ( "Board ") of the Lino Lakes
Economic Development Authority (the "Authority ") as follows:
Section 1. Authorization; Award of Sale.
1.01. Authorization. The Authority has heretofore approved the establishment of Tax
Increment Financing District No. 1 -10 (the "TIF District ") within Development District No. 1
( "Project "), and have adopted a tax increment financing plan for the purpose of financing certain
improvements within the Project.
Pursuant to Minnesota Statutes, Section 469.178, the Authority is authorized to issue and
sell its bonds for the purpose of financing a portion of the public development costs of the
Development District. Such bonds are payable from all or any portion of revenues derived from
the TIF District and pledged to the payment of the bonds. The Authority hereby finds and
determines that it is in the best interests of the Authority that it issue and sell its $91,715 Tax
Increment Revenue Note, Series 2005 (the "Note ") for the purpose of financing certain public
development costs of the Project.
1.02. Agreement Approved; Issuance, Sale, and Terms of the Note. The Authority
hereby approves the Contract for Private Development (the "Agreement ") between the Authority
and the Schwan's Home Service, Inc. (the "Owner ") and authorizes the President and Executive
Director to execute such Agreement in substantially the form on file with Authority, subject to
modifications that do not alter the substance of the transaction and are approved by such
officials, provided that execution of the Agreement by such officials is conclusive evidence of
their approval. Pursuant to the Agreement, the Note shall be sold to the Owner. The Note shall
be dated as of the date of deliver. The Authority shall receive in exchange for the sale of the
Note the agreement of the Owner to pay the Site Improvement Costs as defined in the
Agreement. The Note will be delivered in accordance with the terms of Section 3.3 of the
Agreement.
Section 2. Form of Note. The Note shall be in substantially the following form, with
the blanks to be properly filled in and the principal amount and payment schedule adjusted as of
the date of issue:
SJB- 258192v3
LN 140 -89
C -1
UNITED STATE OF AMERICA
STATE OF MINNESOTA
COUNTY OF ANOKA
LINO LAKES ECONOMIC DEVELOPMENT' AUTHORITY
No. R -1 $91,715
TAX INCREMENT REVENUE NOTE
SERIES 20
Date
of Original Issue
The Lino Lakes Economic Development Authority (the "Authority "), for value received,
certifies that it is indebted and hereby promises to pay to Schwan's Home Service, Inc. or
registered assigns (the "Owner "), the principal sum of $91,715, without interest thereon, as and
to the extent set forth herein.
1. Payments. Principal payments ( "Payments ") shall be paid on August 1, 2006 and
each February 1 and August 1 thereafter to and including February 1, 2011 ( "Payment Dates ") in
the amounts and from the sources set forth in Section 2 herein.
Payments are payable by mail to the address of the Owner or such other address as the
Owner may designate upon 30 days written notice to the Authority. Payments on this Note are
payable in any coin or currency of the United States of America which, on the Payment Date, is
legal tender for the payment of public and private debts.
2. Available Tax Increment. Payments on this Note are payable on each Payment
Date in the amount of and solely from "Available Tax Increment," which means, on each
Payment Date, 95 percent of the Tax Increment attributable to the Development Property and
paid to the Authority by Anoka County in the six months preceding the Payment Date, all as
such terms are defined in the Contract for Private Development between the Authority and
Owner dated as of , 2005 (the "Agreement ").
Available Tax Increment shall not include any Tax Increment if, as of any Payment Date,
there is an uncured Event of Default under the Agreement.
The Authority shall have no obligation to make any payment on this Note on any
Payment Date from any source other than Available Tax Increment, and the failure of the
Authority to pay principal on any Payment Date shall not constitute a default hereunder as long
as the Authority pays principal to the extent of Available Tax Increment. The Authority shall
have no obligation to pay unpaid balance of principal that may remain after the final Payment on
February 1, 2011.
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4. Optional Prepayment. The principal sum payable under this Note is prepayable in
whole or in part at any time by the Authority without premium or penalty.
5. Termination. At the Authority's option, this Note shall terminate and the
Authority's obligation to make any payments under this Note shall be discharged upon the
occurrence of an Event of Default on the part of the Developer as defined in Section 9.1 of the
Agreement, but only if the Event of Default has not been cured in accordance with Section 9.2 of
the Agreement.
6. Nature of Obligation. This Note is one of an issue in the total principal amount of
$91,715, all issued to aid in financing certain public development costs and administrative costs
of a Project undertaken by the Authority pursuant to Minnesota Statutes, Sections 469.125
through 469.134, and is issued pursuant to an authorizing resolution (the "Resolution ") duly
adopted by the Authority on February 28, 2005 pursuant to and in full conformity with the
Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 469.174
to 469.179. This Note is a limited obligation of the Authority which is payable solely from
Available Tax Increment pledged to the payment hereof under the Resolution. This Note shall
not be deemed to constitute a general obligation of the State of Minnesota or any political
subdivision thereof, including, without limitation, the Authority. Neither the State of Minnesota,
nor any political subdivision thereof shall be obligated to pay the principal of this Note or other
costs incident hereto except out of Available Tax Increment, and neither the full faith and credit
nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to
the payment of the principal of this Note or other costs incident hereto.
7. Registration and Transfer. This Note is issuable only as a fully registered note
without coupons. As provided in the Resolution, and subject to certain limitations set forth
therein, this Note is transferable upon the books of the Authority kept for that purpose at the
principal office of the Authority Administrator, by the Owner hereof in person or by such
Owner's attorney duly authorized in writing, upon surrender of this Note together with a written
instrument of transfer satisfactory to the Authority, duly executed by the Owner. Upon such
transfer or exchange and the payment by the Owner of any tax, fee, or governmental charge
required to be paid by the Authority with respect to such transfer or exchange, there will be
issued in the name of the transferee a new Note of the same aggregate principal amount, bearing
no interest and maturing on the same dates.
This Note shall not be transferred to any person other than an affiliate, or other related
entity, of the Owner unless the Authority has been provided with an opinion of counsel or a
certificate of the transferor, in a form satisfactory to the Authority, that such transfer is exempt
from registration and prospectus delivery requirements of federal and applicable state securities
laws.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things
required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen,
and to be performed in order to make this Note a valid and binding limited obligation of the
Authority according to its terms, have been done, do exist, have happened, and have been
performed in due form, time and manner as so required.
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IN WITNESS WHEREOF, the Board of Commissioners of the Lino Lakes Economic
Development Authority has caused this Note to be executed with the manual signatures of its
President and Executive Director, all as of the Date of Original Issue specified above.
LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY
Executive Director President
REGISTRATION PROVISIONS
The ownership of the unpaid balance of the within Note is registered in the bond register
of the City Finance Director, in the name of the person last listed below.
Date of
Registration
Director
Registered Owner
Schwan's Home Service, Inc.
Federal Tax I.D. No. 41- 0879087
Section 3. Terms, Execution and Delivery.
Signature of
City Finance
3.01. Denomination, Payment. The Note shall be issued as a single typewritten note
numbered R -1.
The Note shall be issuable only in fully registered form. Principal of the Note shall be
payable by check or draft issued by the Registrar described herein.
3.02. Payment Dates. Installments of Principal of the Note shall be payable by mail to
the owner of record thereof as of the close of business on the fifteenth day of the month
preceding the Payment Date, whether or not such day is a business day.
3.03. Registration. The Authority hereby appoints the City Finance Director to perform
the functions of registrar, transfer agent and paying agent (the "Registrar "). The effect of
registration and the rights and duties of the Authority and the Registrar with respect thereto shall
be as follows:
(a) Register. The Registrar shall keep at its office a bond register in which the
Registrar shall provide for the registration of ownership of the Note and the registration of
transfers and exchanges of the Note.
(b) Transfer of Note. Upon surrender for transfer of the Note duly endorsed by the
registered owner thereof or accompanied by a written instrument of transfer, in form reasonably
satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly
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authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the
name of the designated transferee or transferees, a new Note of a like aggregate principal amount
and maturity, as requested by the transferor. Notwithstanding the foregoing, the Note shall not
be transferred to any person other than an affiliate, or other related entity, of the Owner unless
the Authority has been provided with an opinion of counsel or a certificate of the transferor, in a
form satisfactory to the Authority, that such transfer is exempt from registration and prospectus
delivery requirements of federal and applicable state securities laws. The Registrar may close
the books for registration of any transfer after the fifteenth day of the month preceding each
Payment Date and until such Payment Date.
(c) Cancellation. The Note surrendered upon any transfer shall be promptly
cancelled by the Registrar and thereafter disposed of as directed by the Authority.
(d) Improper or Unauthorized Transfer. When the Note is presented to the Registrar
for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement
on such Note or separate instrument of transfer is legally authorized. The Registrar shall incur
no liability for its refusal, in good faith, to make transfers which it, in its judgment, deems
improper or unauthorized.
(e) Persons Deemed Owners. The Authority and the Registrar may treat the person in
whose name the Note is at any time registered in the bond register as the absolute owner of the
Note, whether the Note shall be overdue or not, for the purpose of receiving payment of, or on
account of, the principal of such Note and for all other purposes, and all such payments so made
to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and
discharge the liability of the Authority upon such Note to the extent of the sum or sums so paid.
(f) Taxes, Fees and Charges. For every transfer or exchange of the Note, the
Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for
any tax, fee, or other governmental charge required to be paid with respect to such transfer or
exchange.
(g) Mutilated, Lost, Stolen or Destroyed Note. In case any Note shall become
mutilated or be lost, stolen, or destroyed, the Registrar shall deliver a new Note of like amount,
maturity dates and tenor in exchange and substitution for and upon cancellation of such mutilated
Note or in lieu of and in substitution for such Note lost, stolen, or destroyed, upon the payment
of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case
the Note lost, stolen, or destroyed, upon filing with the Registrar of evidence satisfactory to it
that such Note was lost, stolen, or destroyed, and of the ownership thereof, and upon furnishing
to the Registrar of an appropriate bond or indemnity in form, substance, and amount satisfactory
to it, in which both the Authority and the Registrar shall be named as obligees. The Note so
surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be
given to the Authority. If the mutilated, lost, stolen, or destroyed Note has already matured or
been called for redemption in accordance with its terms, it shall not be necessary to issue a new
Note prior to payment.
3.04. Preparation and Delivery. The Note shall be prepared under the direction of the
Authority's Executive Director and shall be executed on behalf of the Authority by the signatures
of its President and Executive Director. In case any officer whose signature shall appear on the
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Note shall cease to be such officer before the delivery of the Note, such signature shall
nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in
office until delivery. When the Note has been so executed, it shall be delivered by the Executive
Director to the Owner thereof upon satisfaction of the conditions for delivery under the
Agreement.
Section 4. Security Provisions.
4.01. Pledge. The Authority hereby pledges to the payment of the principal of the Note
all Available Tax Increment as defined in the Note.
4.02. Bond Fund. Until the date the Note is no longer outstanding and no principal
thereof (to the extent required to be paid pursuant to this resolution) remains unpaid, the
Authority shall maintain a separate and special "Bond Fund" to be used for no purpose other than
the payment of the principal of the Note. Any Available Tax Increment remaining in the Bond
Fund shall be transferred to the Authority's account for TIF District No. 1 -10 upon the payment
of all principal to be paid with respect to the Note.
Section 5. Certification of Proceedings.
5.01. Certification of Proceedings. The officers of the Authority are hereby authorized
and directed to prepare and furnish to the Owner of the Note certified copies of all proceedings
and records of the Authority, and such other affidavits, certificates, and information as may be
required to show the facts relating to the legality and marketability of the Note as the same
appear from the books and records under their custody and control or as otherwise known to
them, and all such certified copies, certificates, and affidavits, including any heretofore
furnished, shall be deemed representations of the Authority as to the facts recited therein.
Section 6. Effective Date. This resolution shall be effective upon full execution of the
Agreement.
Adopted this February 28, 2005
President:
ATTEST by Secretary:
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Third Draft
February 17, 2005
CONTRACT
FOR
PRIVATE DEVELOPMENT
By and Between
LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY
and
SCHWAN'S HOME SERVICE, INC.
Dated as of: , 2005
This document was drafted by:
KENNEDY & GRAVEN, Chartered
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, Minnesota 55402
Telephone: (612) 337 -9300
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TABLE OF CONTENTS
Page
PREAMBLE 1
ARTICLE I
Definitions
Section 1.1. Definitions 2
ARTICLE II
Representations and Warranties
Section 2.1. Representations by the Authority 5
Section 2.2. Representations and Warranties by the Developer 5
ARTICLE III
Site Improvement Costs; Financing
Section 3.1. Status of Development Property 7
Section 3.2. Environmental Conditions 7
Section 3.3. Financing of Site Improvement Costs 7
Section 3.4. Payment of Administrative Costs 8
Section 3.5 Records 8
Section 3.6 Business Subsidy Agreement 8
ARTICLE IV
Construction of Minimum Improvements
Section 4.1. Construction of Improvements 11
Section 4.2. Construction Plans 11
Section 4.3. Commencement and Completion of Construction 12
Section 4.4. Certificate of Completion 12
Section 4.5. Demolition of Existing Buildings 12
ARTICLE V
Insurance and Condemnation
Section 5.1. Insurance 14
Section 5.2. Subordination 15
ARTICLE VI
Tax Increment; Taxes
Section 6.1. Right to Collect Delinquent Taxes 16
Section 6.2. Reduction of Taxes 16
Section 6.3. Covenant Not to Petition 16
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i
ARTICLE VII
Financing
Section 7.1. Financing 17
Section 7.2 Subordination 17
ARTICLE VIII
Prohibitions Against Assignment and Transfer; Indemnification
Section 8.1. Representation as to Development 18
Section 8.2. Prohibition Against Developer's Transfer of Property and
Assignment of Agreement 18
Section 8.3. Release and Indemnification Covenants 19
ARTICLE IX
Events of Default
Section 9.1. Events of Default Defined 21
Section 9.2. Remedies on Default 21
Section 9.3. [Intentionally Omitted] 21
Section 9.4. [Intentionally Omitted] 21
Section 9.5 No Remedy Exclusive 21
Section 9.6 No Additional Waiver Implied by One Waiver 22
ARTICLE X
Additional Provisions
Section 10.1. Conflict of Interests; Authority Representatives Not Individually
Liable 23
Section 10.2. Equal Employment Opportunity 23
Section 10.3. Restrictions on Use 23
Section 10.4. Provisions Not Merged With Deed 23
Section 10.5. Titles of Articles and Sections 23
Section 10.6. Notices and Demands 23
Section 10.7. Counterparts 24
Section 10.8. Recording 24
Section 10.9. Minnesota Law 24
TESTIMONIUM
SIGNATURES
SCHEDULE A
SCHEDULE B
SCHEDULE C
SCHEDULE D
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Development Property
Certificate of Completion
Authorizing Resolution
Existing Property
11
CONTRACT FOR PRIVATE DEVELOPMENT
THIS AGREEMENT, made as of the day of , 2005, by and between
the LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and
politic under the laws of Minnesota (the "Authority "), and SCHWAN'S HOME SERVICE,
INC., a Minnesota corporation (the "Developer ").
WITNESSETH:
WHEREAS, the Authority has undertaken a program to promote economic development
and job opportunities and to promote the development of land which is underutilized within the
City, and in this connection created Development District No. 1 (hereinafter referred to as the
"Project ") in an area (hereinafter referred to as the "Project Area ") located in the City and a Tax
Increment Financing District No. 1 -10 (the "TIF District ") within the Project Area, all pursuant
to Minnesota Statutes, Sections 469.124 to 469.134 (the "Act ") and Minnesota Statutes, Sections
469.174 to 469.179; and
WHEREAS, pursuant to the Act, the Authority is authorized to undertake certain
activities to prepare such real property for development by private enterprise; and
WHEREAS, in order to achieve the objectives of the Development Plan for the Project
the Authority is prepared to pay certain public improvement costs of the Project, in order to bring
about development in accordance with the Development Plan and this Agreement; and
WHEREAS, the Authority believes that the development of the Project Area pursuant to
this Agreement, and fulfillment generally of this Agreement, are in the vital and best interests of
the Authority and the health, safety, morals, and welfare of its residents, and in accord with the
public purposes and provisions of the applicable State and local laws and requirements under
which the Project has been undertaken and is being assisted.
NOW, THEREFORE, in consideration of the premises and the mutual obligations of the
parties hereto, each of them does hereby covenant and agree with the other as follows:
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1
ARTICLE I
Definitions
Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears
from the context:
"Act" means Minnesota Statutes, Sections 469.124 to 469.134, as amended.
"Agreement" means this Agreement, as the same may be from time to time modified,
amended, or supplemented.
"Authority" means the Lino Lakes Economic Development Authority.
"Authority Representative" means the Authority's Executive Director.
"Authorizing Resolution" means the resolution of the Authority, substantially in the form
of the attached Schedule C to authorize the issuance of the Note.
"Business Subsidy Act" means Minnesota Statutes, Sections 116J.993 to 116J.995.
"City" means the City of Lino Lakes.
"Certificate of Completion" means the certification provided to the Developer, or the
purchaser of any part, parcel or unit of the Development Property, pursuant to Section 4.4 of this
Agreement.
"Construction Plans" means the plans, specifications, drawings and related documents on
the construction work to be performed by the Developer on the Development Property, including
the Minimum Improvements, which (a) shall be as detailed as the plans, specifications, drawings
and related documents which are submitted to the appropriate building officials of the City, and
(b) shall include at least the following: (1) site plan; (2) foundation plan; (3) basement plans; (4)
floor plan for each floor; (5) cross sections of each (length and width); (6) elevations (all sides);
(7) landscape plan; and (8) such other plans or supplements to the foregoing plans as the
Authority may reasonably request to allow it to ascertain the nature and quality of the proposed
construction work.
"County" means the County of Anoka, Minnesota.
"Developer" means Schwan's Home Service, Inc., or its permitted successors and
assigns.
"Development Property" means the real property described in Schedule A of this
Agreement.
"Development Plan" means the Authority's Modified Development Program for
Development District No. 1 as modified August 11, 2003 and as it may be further modified.
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"Event of Default" means an action by the Developer listed in Article IX of this
Agreement.
"Holder" means the owner of a Mortgage.
"Maturity Date" means the later of (a) date that the Note has been paid in full or
terminated in accordance with its terms, or (b) five years after substantial completion of the
Minimum Improvements.
"Minimum Improvements" means the construction on the Development Property of an
approximately 12,400 square -foot distribution facility.
"Mortgage" means any mortgage made by the Developer which is secured, in whole or in
part, with the Development Property and which is a permitted encumbrance pursuant to the
provisions of Article VIII of this Agreement.
"Note" means a Tax Increment Revenue Note, substantially in the form contained in the
Authorizing Resolution, to be delivered by the Authority to the Developer in consideration for
the Developer's payment of Site Improvement Costs, and any obligation issued to refund the
Note.
"Project" means the Authority's Development District No. 1.
"Project Area" means the real property located within the boundaries of the Project.
"Site Improvement Costs" has the meaning provided in Section 3.3.
"State" means the State of Minnesota.
"Tax Increment" means that portion of the real property taxes which is paid with respect
to the TIF District and which is remitted to the Authority as tax increment pursuant to the Tax
Increment Act.
"Tax Increment Act" or "TIF Act" means the Tax Increment Financing Act, Minnesota
Statutes, Sections 469.174 to 469.179, as amended.
"Tax Increment District" or "TIF District" means the Authority's Tax Increment
Financing District No. 1 -10.
"Tax Increment Plan" or "TIF Plan" means the Authority's Tax Increment Financing
Plan for Tax Increment Financing District No. 1 -10, as approved August 11, 2003 and as it may
be amended.
"Tax Official" means any County assessor; County auditor; County or State board of
equalization, the commissioner of revenue of the State, or any State or federal district court, the
tax court of the State, or the State Supreme Court.
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3
"Unavoidable Delays" means delays beyond the reasonable control of the party seeking
to be excused as a result thereof which are the direct result of strikes, other labor troubles,
prolonged adverse weather or acts of God, fire or other casualty to the Minimum Improvements,
litigation commenced by third parties which, by injunction or other similar judicial action,
directly results in delays, or acts of any federal, state or local governmental unit (other than the
Authority in exercising its rights under this Agreement) which directly result in delays.
Unavoidable Delays shall not include delays in the Developer's obtaining of permits or
governmental approvals necessary to enable construction of the Minimum Improvements by the
dates such construction is required under Section 4.3 of this Agreement, unless (a) Developer has
timely filed any application and materials required by the City for such permit or approvals, and
(b) the delay is beyond the reasonable control of the Developer.
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4
ARTICLE II
Representations and Warranties
Section 2.1. Representations by the Authority. The Authority makes the following
representations as the basis for the undertaking on their part herein contained:
(a) The Authority is an economic development authority duly organized and existing
under the laws of the State. Under the provisions of Minnesota Statutes, Sections 469.090 to
469.108 and the Act, the Authority has the power to enter into this Agreement and carry out its
obligations hereunder.
(b) The activities of the Authority are undertaken for the purpose of fostering the
development of certain real property which for a variety of reasons is presently unutilized and
underutilized, and to promote job and tax base growth in the City.
Section 2.2. Representations and Warranties by the Developer. The Developer
represents and warrants that:
(a) The Developer is a corporation duly organized and in good standing under the
laws of Minnesota, is duly authorized to transact business within the State, has the power to enter
into this Agreement, and has duly authorized execution of this Agreement by action of its
governing body.
(b) The Developer will construct, operate and maintain the Minimum Improvements
in accordance with the terms of this Agreement, the Development Plan and all local, state and
federal laws and regulations (including, but not limited to, environmental, zoning, building code
and public health laws and regulations).
(c) The Developer has received no notice or communication from any local, state or
federal official that the activities of the Developer or the Authority in the Project Area may be or
will be in violation of any environmental law or regulation (other than those notices or
communications of which the Authority is aware). The Developer is aware of no facts the
existence of which would cause it to be in violation of or give any person a valid claim under any
local, state or federal environmental law, regulation or review procedure.
(d) The Developer will construct the Minimum Improvements in accordance with all
local, state or federal energy- conservation laws or regulations.
(e) The Developer will obtain, in a timely manner, all required permits, licenses and
approvals, and will meet, in a timely manner, all requirements of all applicable local, state and
federal laws and regulations which must be obtained or met before the Minimum Improvements
may be lawfully constructed. The Developer did not obtain a building permit for any portion of
the Minimum Improvements before the date of approval of the TIF Plan for the TIF District.
(1) Neither the execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, nor the fulfillment of or compliance with the terms and
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conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of,
the terms, conditions or provisions of any corporate restriction or any evidences of indebtedness,
agreement or instrument of whatever nature to which the Developer is now a party or by which it
is bound, or constitutes a default under any of the foregoing.
(g) Whenever any Event of Default occurs and if the Authority shall employ
attorneys or incur other expenses for the collection of payments due or to become due or for the
enforcement of performance or observance of any obligation or agreement on the part of the
Developer under this Agreement, and the Authority prevails in such action, the Developer agrees
that it shall, within ten days of written demand by the Authority, pay to the Authority the
reasonable fees of such attorneys and such other expenses so incurred by the Authority.
(h) The proposed development by the Developer hereunder would not occur but for
the tax increment financing assistance being provided by the Authority hereunder.
(i) The Developer shall promptly advise Authority in writing of all litigation or
claims affecting any part of the Minimum Improvements and all written complaints and charges
made by any governmental authority materially affecting the Minimum Improvements or
materially affecting Developer or its business which may delay or require changes in
construction of the Minimum Improvements.
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6
ARTICLE III
Site Improvement Costs, Financing
Section 3.1. Status of Development Property. In order to secure access to the property
and meet the terms of its purchase agreement with a third party, the Developer acquired the
Development Property prior to the date of this Agreement. The Authority has no obligation to
acquire the Development Property or any portion thereof.
Section 3.2. Environmental Conditions. (a) For purposes of this Section, the following
terms will have the indicated definitions. "Law or Regulation" means and includes the
Comprehensive Environmental Response, Compensation and Liability Act ( "CERCLA" or the
Federal Superfund Act) as amended by the Superfund Amendments and Reauthorization Act of
1986 ( "SARA ") 42 U.S.C. § §9601 -9675; the Federal Resource Conservation and Recovery Act
of 1986 ( "RCRA "); the Minnesota Environmental Response and Liability Act ( "MERLA ")
Minnesota Statutes, Chapter 115B; the Clean Water Act 33 U.S.C. §§ 1321 et seq.; the
Minnesota Petroleum Tank Release Cleanup Act, Minnesota Statutes, Chapter 115C; the Clean
Air Act 42 U.S.C. §§ 7401 et seq.; all as the same may be from time to time amended and any
other federal, state, county, municipal, local or other statute, law, ordinance or regulation which
may relate to or deal with human health, hazardous substances or materials or the environment
including without limitation all pursuant to any such statute, law or ordinance. "Hazardous
Substance or Materials" means asbestos, urea formaldehyde, polychlorinated biphenyls, nuclear
fuel or materials, chemical waste radioactive materials, explosives, known carcinogens,
petroleum products or other dangerous or toxic or hazardous pollutant, contaminant, chemical
material or other substance defined as hazardous or as a pollutant or contaminant in, or the
release or disposal of which is regulated by, any Law or Regulation.
(b) The Developer acknowledges that the Authority makes no representations or
warranties as to the condition of the soils or presence or absence of Hazardous Substance or
Materials on the Development Property (including without limitation the Development Property)
or the fitness of the Development Property for construction of the Minimum Improvements or
any other purpose for which the Developer may make use of such property.
(c) Without limiting its obligations under Section 8.3 of this Agreement, upon and after
Developer's acquisition of the Development Property, the Developer agrees that it will
indemnify, defend, and hold harmless the Authority, its governing body members, officers, and
employees, from any claims or actions arising out of the presence, if any, of Hazardous Wastes
and Materials existing on or in the Development Property. Nothing in this section will be
construed to limit or affect any limitations on liability of the Authority under State or federal
law, including without limitation Minnesota Statutes, Sections 466.04 and 604.02.
Section 3.3. Financing of Site Improvement Costs. (a) In order to make development of
the Minimum Improvements financially feasible, the Authority will reimburse the Developer for
a portion of the costs incurred by the Developer on the Development Property in landscaping,
grading, on -site utilities, and parking facilities (collectively, the "Site Improvement Costs ").
Such reimbursement will be made through issuance of the Note in the principal amount of
$91,715, in substantially the form set forth in the Authorizing Resolution attached as Schedule C.
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The Authority shall deliver the Note to Developer upon Developer's having submitted to the
Authority the evidence, in a form reasonably satisfactory to Authority, that Developer has
incurred and paid Site Improvement Costs in at least the principal amount of the Note. Such
evidence must be submitted by no later than the date required for substantial completion of the
Minimum Improvements under Section 4.3.
(b) The Developer understands and acknowledges that the Authority makes no
representations or warranties regarding the amount of Available Tax Increment (as defined in the
Note), or that revenues pledged to the Note will be sufficient to pay the principal of the Note.
Any estimates of Tax Increment prepared by the Authority or its financial advisors in connection
with the TIF District or this Agreement are for the benefit of the Authority, and are not intended
as representations on which the Developer may rely.
Section 3.4. Payment of Administrative Costs. The Developer is responsible to pay all
reasonable out of pocket costs, not to exceed $10,000, incurred by the Authority through the date
of execution of this Agreement that are attributable to or incurred in connection with the
negotiation and preparation of this Agreement and other documents and agreements in
connection with the development contemplated hereunder (collectively, "TIF Administrative
Costs "). TIF Administrative Costs shall be evidenced by invoices, statements or other
reasonable written evidence of the costs incurred by the Authority. Upon termination of this
Agreement in accordance with its terms, Developer remains obligated to pay TIF Administrative
Costs incurred as of the effective date of termination.
Section 3.5. Records. The Authority and its representatives shall have the right at all
reasonable times after reasonable notice to inspect, examine and copy all books and records of
Developer relating to the Minimum Improvements and the Development Property.
Section 3.6. Business Subsidy Agreement. The provisions of this Section constitute the
"business subsidy agreement" for the purposes of the Business Subsidy Act.
(a) General Terms. The parties agree and represent to each other as follows:
(1) The subsidy provided to the Developer consists of payments on the Note,
which payments represent a forgivable loan that is repayable by the Developer in
accordance with this Section. The Note is payable from a portion of the Tax Increments
from the TIF District, an economic development tax increment financing district.
(2) The public purposes of the subsidy are to facilitate development of the
Authority's industrial park, increase net jobs in the City and the State, and increase the
tax base of the City and the State.
(3) The goals for the subsidy are: to secure development of the Minimum
Improvements on the Development Property; to maintain such improvements as a
distribution facility for the time period described in clause (6) below; and to create the
jobs and wage levels in accordance with Section 3.6(b) hereof
(4) If the goals described in clause (3) are not met, the Developer must make the
payments to the Authority described in Section 3.6(c).
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(5) The subsidy is needed to induce Developer to locate its business at this site,
and to mitigate the cost of land acquisition compared to comparable sites available
elsewhere.
(6) The Developer must continue operation of the Minimum Improvements as a
distribution, warehouse or manufacturing facility (a "Qualified Facility ") through the
Maturity Date. During any period while the Minimum Improvements are vacant and not
operated as a distribution, warehouse or manufacturing facility, the Minimum
Improvements will not constitute a Qualified Facility.
(7) The Developer's parent corporation is The Schwan Food Company.
(8) The Developer has not received, and does not expect to receive, financial
assistance from any other "grantor" as defined in the Business Subsidy Act, in connection
with the Development Property or the Minimum Improvements.
(b) Job and Wage Goals. Within two years after substantial completion of the Minimum
Improvements (the "Compliance Date "), the Developer shall cause to be created at least 6 new
full -time equivalent jobs on the Development Property (over and above the 31 full time
equivalent jobs previously existing in the State as of the date of this Agreement and relocated to
this site) and shall cause the wages for the 6 additional employees on the Development Property
to be no less than $9.00 per hour, exclusive of benefits. Notwithstanding anything to the
contrary herein, if the wage and job goals described in this paragraph are met by the Compliance
Date, those goals are deemed satisfied despite the Developer's continuing obligations under
Sections 3.6(a)(6) and 3.6(d). The Authority may, after a public hearing, extend the Compliance
Date by up to one year, provided that nothing in this section will be construed to limit the
Authority's legislative discretion regarding this matter.
(c) Remedies. If the Developer fails to meet the goals described in Section 3.6(a)(3), the
Developer shall repay to the Authority upon written demand from the Authority a "pro rata
share" of the amount of any Note payments made to the Developer together with interest on that
amount at the implicit price deflator for government consumption expenditures and gross
investment for state and local governments prepared by the Bureau of Economic Analysis of the
United States Department of Commerce for the 12 -month period ending March 31 of the
previous year, accrued from the date of substantial completion of the Minimum Improvements to
the date of payment. The term "pro rata share" means percentages calculated as follows:
(i) if the failure relates to the number of jobs, the jobs required less the jobs
created, divided by the jobs required;
(ii) if the failure relates to wages, the number of jobs required less the number of
jobs that meet the required wages, divided by the number of jobs required;
(iii) if the failure relates to maintenance of the facility as a Qualified Facility in
accordance with Section 3.6(a)(6), 60 less the number of months of operation as a
Qualified Facility (where any month in which the Qualified Facility is in operation for at
least 15 days constitutes a month of operation), commencing on the date of substantial
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9
completion and ending with the date the Qualified Facility ceases operation as
determined by the Authority Representative, divided by 60; and
(iv) if more than one of clauses (i) through (iii) apply, the sum of the applicable
percentages, not to exceed 100 %.
Nothing in this Section shall be construed to limit the Authority's remedies under Article
IX hereof. In addition to the remedy described in this Section and any other remedy available to
the Authority for failure to meet the goals stated in Section 3.6(a)(3), the Developer agrees and
understands that it may not a receive a business subsidy from the Authority or any grantor (as
defined in the Business Subsidy Act) for a period of five years from the date of the failure or
until the Developer satisfies its repayment obligation under this Section, whichever occurs first.
(d) Reports. The Developer must submit to the Authority a written report regarding
business subsidy goals and results by no later than February 1 of each year, commencing
February 1, 2006 and continuing until the later of (i) the date the goals stated Section 3.6(a)(3)
are met; (ii) 30 days after expiration of the period described in Section 3.6(a)(6); or (iii) if the
goals are not met, the date the subsidy is repaid in accordance with Section 3.6(c). The report
must comply with Section 116J.994, subdivision 7 of the Business Subsidy Act. The Authority
will provide information to the Developer regarding the required forms. If the Developer fails to
timely file any report required under this Section, the Authority will mail the Developer a
warning within one week after the required filing date. If, after 14 days of the postmarked date
of the warning, the Developer fails to provide a report, the Developer must pay to the Authority a
penalty of $100 for each subsequent day until the report is filed. The maximum aggregate
penalty payable under this Section $1,000.
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ARTICLE IV
Construction of Minimum Improvements
Section 4.1. Construction of Improvements. The Developer agrees that it will construct
the Minimum Improvements on the Development Property in accordance with the approved
Construction Plans and at all times prior to the Maturity Date will operate and maintain, preserve
and keep the Minimum Improvements or cause such improvements to be maintained, preserved
and kept with the appurtenances and every part and parcel thereof, in good repair and condition.
The Authority shall have no obligation to operate or maintain the Minimum Improvements.
Section 4.2. Construction Plans. (a) Before commencement of construction of the
Minimum Improvements, the Developer shall submit to the Authority Construction Plans. The
Construction Plans shall provide for the construction of the Minimum Improvements and shall be
in conformity with the Development Plan, this Agreement, and all applicable State and local
laws and regulations. The Authority Representative will approve the Construction Plans in
writing if: (i) the Construction Plans conform to the terms and conditions of this Agreement; (ii)
the Construction Plans conform to the goals and objectives of the Development Plan; (iii) the
Construction Plans conform to all applicable federal, state and local laws, ordinances, rules and
regulations; (iv) the Construction Plans are adequate to provide for construction of the Minimum
Improvements; (v) the Construction Plans do not provide for expenditures in excess of the funds
available to the Developer from all sources (including Developer's equity) for construction of the
Minimum Improvements; and (vi) no Event of Default has occurred. Approval may be based
upon a review by the City's Building Official of the Construction Plans. No approval by the
Authority Representative shall relieve the Developer of the obligation to comply with the terms
of this Agreement or of the Development Plan, applicable federal, state and local laws,
ordinances, rules and regulations, or to construct the Minimum Improvements in accordance
therewith. No approval by the Authority Representative shall constitute a waiver of an Event of
Default. If approval of the Construction Plans is requested by the Developer in writing at the
time of submission, such Construction Plans shall be deemed approved unless rejected in writing
by the Authority Representative, in whole or in part. Such rejections shall set forth in detail the
reasons therefore, and shall be made within 10 days after the date of their receipt by the
Authority. If the Authority Representative rejects any Construction Plans in whole or in part, the
Developer shall submit new or corrected Construction Plans within 10 days after written
notification to the Developer of the rejection. The provisions of this Section relating to approval,
rejection and resubmission of corrected Construction Plans shall continue to apply until the
Construction Plans have been approved by the Authority. The Authority Representative's
approval shall not be unreasonably withheld, delayed or conditioned. Said approval shall
constitute a conclusive determination that the Construction Plans (and the Minimum
Improvements constructed in accordance with said plans) comply to the Authority's satisfaction
with the provisions of this Agreement relating thereto.
(b) If the Developer desires to make any material change in the Construction Plans
after their approval by the Authority, the Developer shall submit the proposed change to the
Authority for its approval. If the Construction Plans, as modified by the proposed change,
conform to the requirements of this Section 4.2 of this Agreement with respect to such
previously approved Construction Plans, the Authority shall approve the proposed change and
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notify the Developer in writing of its approval. Such change in the Construction Plans shall, in
any event, be deemed approved by the Authority unless rejected, in whole or in part, by written
notice by the Authority to the Developer, setting forth in detail the reasons therefor. Such
rejection shall be made within ten (10) days after receipt of the notice of such change. The
Authority's approval of any such change in the Construction Plans will not be unreasonably
withheld.
Section 4.3. Commencement and Completion of Construction. Subject to Unavoidable
Delays, the Developer shall commence construction of the Minimum Improvements by April 1,
2005 and shall complete the construction of the Minimum Improvements and by December 31,
2005. All work with respect to the Minimum Improvements to be constructed or provided by the
Developer on the Development Property shall be in conformity with the Construction Plans as
submitted by the Developer and approved by the Authority.
The Developer agrees for itself, its successors and assigns, and every successor in interest
to the Development Property, or any part thereof, that the Developer, and such successors and
assigns, shall promptly begin and diligently prosecute to completion the development of the
Development Property through the construction of the Minimum Improvements thereon, and that
such construction shall in any event be commenced and completed within the period specified in
this Section 4.3 of this Agreement. After the date of this Agreement and until construction of the
Minimum Improvements has been completed, the Developer shall make reports, in such detail
and at such times as may reasonably be requested by the Authority, as to the actual progress of
the Developer with respect to such construction.
Section 4.4. Certificate of Completion. (a) Promptly after completion of the Minimum
Improvements in accordance with those provisions of the Agreement relating solely to the
obligations of the Developer to construct the Minimum Improvements (including the dates for
beginning and completion thereof), the Authority Representative will furnish the Developer with
a Certificate shown as Schedule B. Such certification and such determination shall not constitute
evidence of compliance with or satisfaction of any obligation of the Developer to any Holder of a
Mortgage, or any insurer of a Mortgage, securing money loaned to finance the Minimum
Improvements, or any part thereof.
(b) If the Authority Representative shall refuse or fail to provide any certification in
accordance with the provisions of this Section 4.4 of this Agreement, the Authority
Representative shall, within thirty (30) days after written request by the Developer, provide the
Developer with a written statement, indicating in adequate detail in what respects the Developer
has failed to complete the Minimum Improvements in accordance with the provisions of the
Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the
opinion of the Authority, for the Developer to take or perform in order to obtain such
certification.
(c) The construction of the Minimum Improvements shall be deemed to be complete
when the City has both issued a certificate of occupancy and has determined that related site
improvements all have been completed in accordance with Construction Plans.
Section 4.5. Demolition of Existing Buildings. Prior to the first payment date on the
Note, the Developer must demolish (or cause to be demolished by a successor or assign) all
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existing buildings on the property now owned by Developer or a related entity in the City legally
described as attached on Schedule D (the "Existing Site "), and must clear the Existing Site of all
rubble and debris. Developer understands and acknowledges that performance of the obligations
under this Section is a condition to receipt of any payments under the Note.
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ARTICLE V
Insurance and Condemnation
Section 5.1. Insurance. (a) The Developer will provide and maintain at all times during
the process of constructing the Minimum Improvements an All Risk Broad Form Basis Insurance
Policy and, from time to time during that period, at the request of the Authority, furnish the
Authority with proof of payment of premiums on policies covering the following:
(i) Builder's risk insurance, written on the so- called "Builder's Risk --
Completed Value Basis," in an amount equal to one hundred percent (100 %) of the
insurable value of the Minimum Improvements at the date of completion, and with
coverage available in nonreporting form on the so- called "all risk" form of policy.
(ii) Comprehensive general liability insurance (including operations,
contingent liability, operations of subcontractors, completed operations and contractual
liability insurance) together with an Owner's Protective Liability Policy with limits
against bodily injury and property damage of not less than $1,000,000 for each
occurrence (to accomplish the above - required limits, an umbrella excess liability policy
may be used); and
(iii) Workers' compensation insurance, with statutory coverage.
(b) Upon completion of construction of the Minimum Improvements and prior to the
Maturity Date, the Developer shall maintain, or cause to be maintained, at its cost and expense,
and from time to time at the request of the Authority shall furnish proof of the payment of
premiums on, insurance as follows:
(i) Insurance against loss and /or damage to the Minimum Improvements
under a policy or policies covering such risks as are ordinarily insured against by similar
businesses.
(ii) Comprehensive general public liability insurance, including personal
injury liability (with employee exclusion deleted), against liability for injuries to persons
and /or property, in the minimum amount for each occurrence and for each year of
$1,000,000.
(iii) Such other insurance, including workers' compensation insurance
respecting all employees of the Developer in such amount as is customarily carried by
like organizations engaged in like activities of comparable size and liability exposure;
provided that the Developer may be self - insured with respect to all or any part of its
liability for workers' compensation.
(c) All insurance required in Article V of this Agreement shall be taken out and
maintained in responsible insurance companies selected by the Developer which are authorized
under the laws of the State to assume the risks covered thereby. Upon request, the Developer
will deposit annually with the Authority policies evidencing all such insurance, or a certificate or
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certificates or binders of the respective insurers stating that such insurance is in force and effect.
Unless otherwise provided in this Article V of this Agreement each policy shall contain a
provision that the insurer shall not cancel nor modify it in such a way as to reduce the coverage
provided below the amounts required herein without giving written notice to the Developer and
the Authority at least thirty (30) days before the cancellation or modification becomes effective.
In lieu of separate policies, the Developer may maintain a single policy, blanket or umbrella
policies, or a combination thereof, having the coverage required herein, in which event the
Developer shall deposit with the Authority a certificate or certificates of the respective insurers
as to the amount of coverage in force upon the Minimum Improvements.
(d) The Developer agrees to notify the Authority immediately in the case of damage
exceeding $100,000 in amount to, or destruction of, the Minimum Improvements or any portion
thereof resulting from fire or other casualty. In such event the Developer will forthwith repair,
reconstruct and restore the Minimum Improvements to substantially the same or an improved
condition or value as it existed prior to the event causing such damage and, to the extent
necessary to accomplish such repair, reconstruction and restoration, the Developer will apply the
Net Proceeds of any insurance relating to such damage received by the Developer to the payment
or reimbursement of the costs thereof.
The Developer shall complete the repair, reconstruction and restoration of the Minimum
Improvements, whether or not the Net Proceeds of insurance received by the Developer for such
purposes are sufficient to pay for the same. Any Net Proceeds remaining after completion of
such repairs, construction and restoration shall be the property of the Developer.
(e) In lieu of its obligations under paragraph (d), Developer may repay to the
Authority all amounts previously paid by the Authority to the holder of the Note. Upon the
Authority's receipt of such payment, the Note and this Agreement will be deemed terminated
and neither party will have any further liability hereunder, except that the provisions of Section
8.3 survive termination.
(f) The Developer and the Authority agree that all of the insurance provisions set
forth in this Article V shall terminate upon the termination of this Agreement.
Section 5.2. Subordination. Notwithstanding anything to the contrary contained in this
Article V, the rights of the Authority with respect to the receipt and application of any proceeds
of insurance shall, in all respects, be subject and subordinate to the rights of any lender under a
Mortgage approved pursuant to Article VII of this Agreement.
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ARTICLE VI
Tax Increment; Taxes
Section 6.1. Right to Collect Delinquent Taxes. The Developer acknowledges that the
Authority is providing substantial aid and assistance in furtherance of the redevelopment through
issuance of the Note. The Developer understands that the Tax Increments pledged to payment on
the Note are derived from real estate taxes on the Development Property, which taxes must be
promptly and timely paid. To that end, the Developer agrees for itself, its successors and
assigns, in addition to the obligation pursuant to statute to pay real estate taxes, that it is also
obligated by reason of this Agreement to pay before delinquency all real estate taxes assessed
against the Development Property and the Minimum Improvements. The Developer
acknowledges that this obligation creates a contractual right on behalf of the Authority to sue the
Developer or its successors and assigns to collect delinquent real estate taxes and any penalty or
interest thereon and to pay over the same as a tax payment to the county auditor. In any such
suit, the Authority shall also be entitled to recover its costs, expenses and reasonable attorney
fees.
Section 6.2. Reduction of Taxes. The Developer agrees that prior to completion of the
Minimum Improvements, it will not cause a reduction in the real property taxes paid in respect of
the Development Property through: (A) willful destruction of the Development Property or any
part thereof; (B) willful refusal to reconstruct damaged or destroyed property, except to the
extent otherwise provided in Section 5.1(e); (C) subject to Section 6.3, apply for a deferral or
abatement of property tax on the Development Property pursuant to any law; or (D) convey or
transfer or allow conveyance or transfer of the Development Property to any entity that is exempt
from payment of real property taxes under State law.
Section 6.3. Covenant Not to Petition. Prior to the Maturity Date, the Developer agrees
not to file any petition or claim with any Tax Official, seeking to reduce the market value of the
Development Property and the Minimum Improvements for ad valorem tax purposes below a
minimum value of $1,310,000. Nothing in this section is intended to constitute a minimum
assessment agreement within the meaning of Section 469.177, subd. 8 of the TIF Act. However,
failure by Developer to comply with this Section is an Event of Default under this Agreement,
entitling the Authority to the remedies described in Article IX hereof.
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ARTICLE VII
Financing
Section 7.1. Financing. [Intentionally Omitted.]
Section 7.2. Subordination. In order to facilitate the Developer obtaining financing for
the development of the Minimum Improvements, the Authority agrees to subordinate its rights
under this Agreement to the Holder of any Mortgage, provided that such subordination shall be
subject to such reasonable terms and conditions as the Authority and Holder of a Mortgage
mutually agree in writing.
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ARTICLE VIII
Prohibitions Against Assignment and Transfer; Indemnification
Section 8.1. Representation as to Development. The Developer represents and agrees
that its purchase of the Development Property, and its other undertakings pursuant to the
Agreement, are, and will be used, for the purpose of development of the Development Property
and not for speculation in land holding.
Section 8.2. Prohibition Against Developer's Transfer of Property and Assignment of
Agreement. The Developer represents and agrees that prior to issuance of the Certificate of
Completion for the Minimum Improvements:
(a) Except only by way of security for, and only for, the purpose of obtaining
financing necessary to enable the Developer or any successor in interest to the Development
Property, or any part thereof, to perform its obligations with respect to making the Minimum
Improvements under this Agreement, and any other purpose authorized by this Agreement, the
Developer has not made or created and will not make or create or suffer to be made or created
any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in
any other mode or form of or with respect to the Agreement or the Development Property or any
part thereof or any interest therein, or any contract or agreement to do any of the same, without
the prior written approval of the Authority unless the Developer remains liable and bound by this
Development Agreement in which event the Authority's approval is not required. Any such
transfer shall be subject to the provisions of this Agreement.
(b) In the event the Developer, upon transfer or assignment of the Development
Property or any portion thereof, seeks to be released from its obligations under this Development
Agreement as to the portions of the Development Property that is transferred or assigned, the
Authority shall be entitled to require, except as otherwise provided in the Agreement, as
conditions to any such release that:
(i) Any proposed transferee shall have the qualifications and financial
responsibility, in the reasonable judgment of the Authority, necessary and adequate to
fulfill the obligations undertaken in this Agreement by the Developer as to the portion of
the Development Property to be transferred.
(ii) Any proposed transferee, by instrument in writing satisfactory to the
Authority and in form recordable among the land records, shall, for itself and its
successors and assigns, and expressly for the benefit of the Authority, have expressly
assumed all of the obligations of the Developer under this Agreement as to the portion of
the Development Property to be transferred and agreed to be subject to all the conditions
and restrictions to which the Developer is subject as to such portion; provided, however,
that the fact that any transferee of, or any other successor in interest whatsoever to, the
Development Property, or any part thereof, shall not, for whatever reason, have assumed
such obligations or so agreed, and shall not (unless and only to the extent otherwise
specifically provided in this Agreement or agreed to in writing by the Authority) deprive
the Authority of any rights or remedies or controls with respect to the Development
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Property or any part thereof or the construction of the Minimum Improvements; it being
the intent of the parties as expressed in this Agreement that (to the fullest extent
permitted at law and in equity and excepting only in the manner and to the extent
specifically provided otherwise in this Agreement) no transfer of, or change with respect
to, ownership in the Development Property or any part thereof, or any interest therein,
however consummated or occurring, and whether voluntary or involuntary, shall operate,
legally or practically, to deprive or limit the Authority of or with respect to any rights or
remedies on controls provided in or resulting from this Agreement with respect to the
Minimum Improvements that the Authority would have had, had there been no such
transfer or change. In the absence of specific written agreement by the Authority to the
contrary, no such transfer or approval by the Authority thereof shall be deemed to relieve
the Developer, or any other party bound in any way by this Agreement or otherwise with
respect to the construction of the Minimum Improvements, from any of its obligations
with respect thereto.
(iii) Any and all instruments and other legal documents involved in effecting
the transfer of any interest in this Agreement or the Development Property governed by
this Article VIII, shall be in a form reasonably satisfactory to the Authority.
In the event the foregoing conditions are satisfied then the Developer shall be released from its
obligation under this Agreement, as to the portion of the Development Property that is
transferred, assigned or otherwise conveyed.
After issuance of the Certificate of Completion for the Minimum Improvements, the
Developer may transfer or assign any portion of the Development Property or the Developer's
interest in this Agreement without the prior written consent of the Authority, provided that the
transferee or assignee is bound by all the Developer's obligations hereunder. The Developer
shall submit to the Authority written evidence of any such transfer or assignment, including the
transferee or assignee's express assumption of the Developer's obligations under this Agreement.
If the Developer fails to provide such evidence of transfer and assumption, the Developer shall
remain bound by all it obligations under this Agreement.
Section 8.3. Release and Indemnification Covenants. (a) Except for any willful or
wanton misconduct of the following named parties, the Developer releases from and covenants
and agrees that the Authority and the governing body members, officers, agents, servants and
employees thereof shall not be liable for and agrees to indemnify and hold harmless the
Authority and the governing body members, officers, agents, servants and employees thereof
against any loss or damage to property or any injury to or death of any person occurring at or
about or resulting from any defect in the Minimum Improvements.
(b) Except for any willful misrepresentation or any willful or wanton misconduct of
the following named parties, the Developer agrees to protect and defend the Authority and the
governing body members, officers, agents, servants and employees thereof, now or forever, and
further agrees to hold the aforesaid harmless from any claim, demand, suit, action or other
proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from
this Agreement, or the transactions contemplated hereby or the acquisition, construction,
installation, ownership, maintenance and operation of the Minimum Improvements.
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(c) The Authority and the governing body members, officers, agents, servants and
employees thereof shall not be liable for any damage or injury to the persons or property of the
Developer or its officers, agents, servants or employees or any other person who may be about
the Development Property or Minimum Improvements due to any act of negligence of any
person.
(d) All covenants, stipulations, promises, agreements and obligations of the Authority
contained herein shall be deemed to be the covenants, stipulations, promises, agreements and
obligations of the Authority and not of any governing body member, officer, agent, servant or
employee of the Authority in the individual capacity thereof.
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ARTICLE IX
Events of Default
Section 9.1. Events of Default Defined. The following shall be "Events of Default"
under this Agreement and the term "Event of Default" shall mean, whenever it is used in this
Agreement (unless the context otherwise provides), any failure by any party to observe or
perform any other covenant, condition, obligation or agreement on its part to be observed or
performed hereunder, or under any loan agreement, promissory note, or related document in
connection with a loan from the Authority to the Developer from the Authority's revolving loan
fund, including without limitation any Authority participation in a bank or other third party loan.
Section 9.2. Remedies on Default. Whenever any Event of Default referred to in Section
9.1 of this Agreement occurs, the non - defaulting party may exercise its rights under this Section
9.2 after providing thirty days written notice to the defaulting party of the Event of Default, but
only if the Event of Default has not been cured within said thirty days or, if the Event of Default
is by its nature incurable within thirty days, the defaulting party does not provide assurances
reasonably satisfactory to the non - defaulting party that the Event of Default will be cured and
will be cured as soon as reasonably possible:
(a) Suspend its performance under the Agreement until it receives assurances that the
defaulting party will cure its default and continue its performance under the Agreement.
(b) Cancel and rescind or terminate the Agreement.
(c) Upon a default by the Developer, the Authority may terminate the Note and
eliminate the Development Property from the TIF District.
(d) Take whatever action, including legal, equitable or administrative action, which
may appear necessary or desirable to collect any payments due under this Agreement, or to
enforce performance and observance of any obligation, agreement, or covenant under this
Agreement.
Section 9.3. [Intentionally Omitted.]
Section 9.4. [Intentionally Omitted.]
Section 9.5. No Remedy Exclusive. No remedy herein conferred upon or reserved to any
party is intended to be exclusive of any other available remedy or remedies, but each and every
such remedy shall be cumulative and shall be in addition to every other remedy given under this
Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to
exercise any right or power accruing upon any default shall impair any such right or power or
shall be construed to be a waiver thereof, but any such right and power may be exercised from
time to time and as often as may be deemed expedient. To entitle the Authority to exercise any
remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be
required in this Article IX.
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Section 9.6. No Additional Waiver Implied by One Waiver. In the event any agreement
contained in this Agreement should be breached by either party and thereafter waived by the
other party, such waiver shall be limited to the particular breach so waived and shall not be
deemed to waive any other concurrent, previous or subsequent breach hereunder.
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ARTICLE X
Additional Provisions
Section 10.1. Conflict of Interests; Authority Representatives Not Individually Liable.
The Authority and the Developer, to the best of their respective knowledge, represent and agree
that no member, official, or employee of the Authority shall have any personal interest, direct or
indirect, in the Agreement, nor shall any such member, official, or employee participate in any
decision relating to the Agreement which affects his personal interests or the interests of any
corporation, partnership, or association in which he is, directly or indirectly, interested. No
member, official, or employee of the Authority shall be personally liable to the Developer, or any
successor in interest, in the event of any default or breach by the Authority or County or for any
amount which may become due to the Developer or successor or on any obligations under the
terms of the Agreement.
Section 10.2. Equal Employment Opportunity. The Developer, for itself and its
successors and assigns, agrees that during the construction of the Minimum Improvements
provided for in the Agreement it will comply with all applicable federal, state and local equal
employment and non - discrimination laws and regulations.
Section 10.3. Restrictions on Use. The Developer agrees that, prior to the Maturity Date,
the Developer, and such successors and assigns, shall devote the Development Property to the
operation of the Minimum Improvements as a distribution facility within the meaning of Section
469.176, subd. 4c of the TIF Act, and shall not discriminate upon the basis of race, color, creed,
sex or national origin in the sale, lease, or rental or in the use or occupancy of the Development
Property or any improvements erected or to be erected thereon, or any part thereof.
Section 10.4. Provisions Not Merged With Deed. None of the provisions of this
Agreement are intended to or shall be merged by reason of any deed transferring any interest in
the Development Property and any such deed shall not be deemed to affect or impair the
provisions and covenants of this Agreement.
Section 10.5. Titles of Articles and Sections. Any titles of the several parts, Articles, and
Sections of the Agreement are inserted for convenience of reference only and shall be
disregarded in construing or interpreting any of its provisions.
Section 10.6. Notices and Demands. Except as otherwise expressly provided in this
Agreement, a notice, demand, or other communication under the Agreement by either party to
the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail,
postage prepaid, return receipt requested, or delivered personally; and
(a) in the case of the Developer, is addressed to or delivered personally to the
Developer at Schwan's Home Service, Inc., Attn: Sharon Van Moer, 115 West College Drive,
Marshall, MN 56258; and
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(b) in the case of the Authority, is addressed to or delivered personally to the
Authority at City Hall, 600 Town Center Parkway, Lino Lakes, MN 55014, Attn: Executive
Director.
or at such other address with respect to either such party as that party may, from time to time,
designate in writing and forward to the other as provided in this Section.
Section 10.7. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall constitute one and the same instrument.
Section 10.8. Recording. The Authority may record this Agreement and any
amendments thereto with the Anoka County recorder. The Developer shall pay all costs for
recording.
Section 10.9. Minnesota Law. This Agreement will be construed in accordance with the
laws of the State, and any claim arising from this Agreement will be adjudicated in the State.
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IN WITNESS WHEREOF, the Authority has caused this Agreement to be duly executed
in its name and behalf and its seal to be hereunto duly affixed and the Developer has caused this
Agreement to be duly executed in its name and behalf as of the date first above written.
STATE OF MINNESOTA )
) SS.
COUNTY OF ANOKA
LINO LAKES ECONOMIC DEVELOPMENT
AUTHORITY
By
Its President
By
Its Executive Director
The foregoing instrument was acknowledged before me this day of , 2005
by and , the President and Executive Director of the Lino Lakes
Economic Development Authority, on behalf of the Authority.
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Notary Public
25
STATE OF
COUNTY OF
SCHWAN'S HOME SERVICE, INC.
By
Its
The foregoing instrument was acknowledged before me this day of ,
2005 by , the of Schwan's Home Service,
Inc., a corporation, on behalf of the corporation.
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Notary Public
26
SCHEDULE A
DEVELOPMENT PROPERTY
As to that part of said Lot 3 contained in Section 18, Township 31, Range 22: Glenn Rehbein
Excavating, Inc., a Minnesota corporation; as to that part of said Lot 3, contained within Section
17, Township 31, Range 22: Glenn R. Rehbein and Myrna L. Rehbein, husband and wife, as
joint tenants, as to an undivided 1/2 interest, created by Deed dated July 21, 1975, recorded
August 18, 1975, as Document No. 431425; Glenn R. Rehbein as to an undivided 1/12 interest;
Myrna L. Rehbein as to an undivided 1/12 interest; Clyde L. Rehbein as to an undivided 1/12
interest; Arlene M. Rehbein as to an undivided 1/12 interest; Michael D. Winge as to an
undivided 1/12 interest; Cheryl P. Winge as to an undivided 1/12 interest.
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A -1
SCHEDULE B
CERTIFICATE OF COMPLETION
The undersigned hereby certifies that Schwan's Home Service, Inc. (the "Developer ")
has fully complied with its obligations under Articles III and IV of that document titled
"Contract for Private Development," dated , 2005 between the Lino Lakes Economic
Development Authority and the Developer (the "Contract "), with respect to construction of the
Minimum Improvements in accordance with the Construction Plans, and that the Developer is
released and forever discharged from its obligations to construct of the Minimum Improvements
under Articles III and IV.
Dated: , 20 . LINO LAKES ECONOMIC DEVELOPMENT
AUTHORITY
By
Executive Director
STATE OF MINNESOTA )
) SS.
COUNTY OF ANOKA )
The foregoing instrument was acknowledged before me this day of , 2005
by and , the Executive Director of the Lino Lakes Economic
Development Authority, on behalf of the Authority.
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Notary Public
B -1
SCHEDULE C
Authorizing Resolution
LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY
RESOLUTION NO.
RESOLUTION APPROVING CONTRACT FOR PRIVATE DEVELOPMENT AND
AWARDING THE SALE OF, AND PROVIDING THE FORM, TERMS, COVENANTS
AND DIRECTIONS FOR THE ISSUANCE OF ITS $91,715 TAX INCREMENT
REVENUE NOTE, SERIES 2005.
BE IT RESOLVED BY the Board of Commissioners ( "Board ") of the Lino Lakes
Economic Development Authority (the "Authority ") as follows:
Section 1. Authorization; Award of Sale.
1.01. Authorization. The Authority has heretofore approved the establishment of Tax
Increment Financing District No. 1 -10 (the "TIF District ") within Development District No. 1
( "Project "), and have adopted a tax increment financing plan for the purpose of financing certain
improvements within the Project.
Pursuant to Minnesota Statutes, Section 469.178, the Authority is authorized to issue and
sell its bonds for the purpose of financing a portion of the public development costs of the
Development District. Such bonds are payable from all or any portion of revenues derived from
the TIF District and pledged to the payment of the bonds. The Authority hereby finds and
determines that it is in the best interests of the Authority that it issue and sell its $91,715 Tax
Increment Revenue Note, Series 2005 (the "Note ") for the purpose of financing certain public
development costs of the Project.
1.02. Agreement Approved; Issuance, Sale, and Terms of the Note. The Authority
hereby approves the Contract for Private Development (the "Agreement ") between the Authority
and the Schwan's Home Service, Inc. (the "Owner ") and authorizes the President and Executive
Director to execute such Agreement in substantially the form on file with Authority, subject to
modifications that do not alter the substance of the transaction and are approved by such
officials, provided that execution of the Agreement by such officials is conclusive evidence of
their approval. Pursuant to the Agreement, the Note shall be sold to the Owner. The Note shall
be dated as of the date of deliver. The Authority shall receive in exchange for the sale of the
Note the agreement of the Owner to pay the Site Improvement Costs as defined in the
Agreement. The Note will be delivered in accordance with the terms of Section 3.3 of the
Agreement.
Section 2. Form of Note. The Note shall be in substantially the following form, with
the blanks to be properly filled in and the principal amount and payment schedule adjusted as of
the date of issue:
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C -1
UNITED STATE OF AMERICA
STATE OF MINNESOTA
COUNTY OF ANOKA
LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY
No. R -1 $91,715
TAX INCREMENT REVENUE NOTE
SERIES 20
Date
of Original Issue
The Lino Lakes Economic Development Authority (the "Authority "), for value received,
certifies that it is indebted and hereby promises to pay to Schwan's Home Service, Inc. or
registered assigns (the "Owner "), the principal sum of $91,715, without interest thereon, as and
to the extent set forth herein.
1. Payments. Principal payments ( "Payments ") shall be paid on August 1, 2006 and
each February 1 and August 1 thereafter to and including February 1, 2011 ( "Payment Dates ") in
the amounts and from the sources set forth in Section 2 herein.
Payments are payable by mail to the address of the Owner or such other address as the
Owner may designate upon 30 days written notice to the Authority. Payments on this Note are
payable in any coin or currency of the United States of America which, on the Payment Date, is
legal tender for the payment of public and private debts.
2. Available Tax Increment. Payments on this Note are payable on each Payment
Date in the amount of and solely from "Available Tax Increment," which means, on each
Payment Date, 95 percent of the Tax Increment attributable to the Development Property and
paid to the Authority by Anoka County in the six months preceding the Payment Date, all as
such terms are defined in the Contract for Private Development between the Authority and
Owner dated as of , 2005 (the "Agreement ").
Available Tax Increment shall not include any Tax Increment if, as of any Payment Date,
there is an uncured Event of Default under the Agreement.
The Authority shall have no obligation to make any payment on this Note on any
Payment Date from any source other than Available Tax Increment, and the failure of the
Authority to pay principal on any Payment Date shall not constitute a default hereunder as long
as the Authority pays principal to the extent of Available Tax Increment. The Authority shall
have no obligation to pay unpaid balance of principal that may remain after the final Payment on
February 1, 2011.
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C -2
4. Optional Prepayment. The principal sum payable under this Note is prepayable in
whole or in part at any time by the Authority without premium or penalty.
5. Termination. At the Authority's option, this Note shall terminate and the
Authority's obligation to make any payments under this Note shall be discharged upon the
occurrence of an Event of Default on the part of the Developer as defined in Section 9.1 of the
Agreement, but only if the Event of Default has not been cured in accordance with Section 9.2 of
the Agreement.
6. Nature of Obligation. This Note is one of an issue in the total principal amount of
$91,715, all issued to aid in financing certain public development costs and administrative costs
of a Project undertaken by the Authority pursuant to Minnesota Statutes, Sections 469.125
through 469.134, and is issued pursuant to an authorizing resolution (the "Resolution ") duly
adopted by the Authority on February 28, 2005 pursuant to and in full conformity with the
Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 469.174
to 469.179. This Note is a limited obligation of the Authority which is payable solely from
Available Tax Increment pledged to the payment hereof under the Resolution. This Note shall
not be deemed to constitute a general obligation of the State of Minnesota or any political
subdivision thereof, including, without limitation, the Authority. Neither the State of Minnesota,
nor any political subdivision thereof shall be obligated to pay the principal of this Note or other
costs incident hereto except out of Available Tax Increment, and neither the full faith and credit
nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to
the payment of the principal of this Note or other costs incident hereto.
7. Registration and Transfer. This Note is issuable only as a fully registered note
without coupons. As provided in the Resolution, and subject to certain limitations set forth
therein, this Note is transferable upon the books of the Authority kept for that purpose at the
principal office of the Authority Administrator, by the Owner hereof in person or by such
Owner's attorney duly authorized in writing, upon surrender of this Note together with a written
instrument of transfer satisfactory to the Authority, duly executed by the Owner. Upon such
transfer or exchange and the payment by the Owner of any tax, fee, or governmental charge
required to be paid by the Authority with respect to such transfer or exchange, there will be
issued in the name of the transferee a new Note of the same aggregate principal amount, bearing
no interest and maturing on the same dates.
This Note shall not be transferred to any person other than an affiliate, or other related
entity, of the Owner unless the Authority has been provided with an opinion of counsel or a
certificate of the transferor, in a form satisfactory to the Authority, that such transfer is exempt
from registration and prospectus delivery requirements of federal and applicable state securities
laws.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things
required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen,
and to be performed in order to make this Note a valid and binding limited obligation of the
Authority according to its terms, have been done, do exist, have happened, and have been
performed in due form, time and manner as so required.
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IN WITNESS WHEREOF, the Board of Commissioners of the Lino Lakes Economic
Development Authority has caused this Note to be executed with the manual signatures of its
President and Executive Director, all as of the Date of Original Issue specified above.
LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY
Executive Director President
REGISTRATION PROVISIONS
The ownership of the unpaid balance of the within Note is registered in the bond register
of the City Finance Director, in the name of the person last listed below.
Date of
Registration
Director
Registered Owner
Schwan's Home Service, Inc.
Federal Tax I.D. No. 41- 0879087
Section 3. Terms, Execution and Delivery.
Signature of
City Finance
3.01. Denomination, Payment. The Note shall be issued as a single typewritten note
numbered R -1.
The Note shall be issuable only in fully registered form. Principal of the Note shall be
payable by check or draft issued by the Registrar described herein.
3.02. Payment Dates. Installments of Principal of the Note shall be payable by mail to
the owner of record thereof as of the close of business on the fifteenth day of the month
preceding the Payment Date, whether or not such day is a business day.
3.03. Registration. The Authority hereby appoints the City Finance Director to perform
the functions of registrar, transfer agent and paying agent (the "Registrar "). The effect of
registration and the rights and duties of the Authority and the Registrar with respect thereto shall
be as follows:
(a) Register. The Registrar shall keep at its office a bond register in which the
Registrar shall provide for the registration of ownership of the Note and the registration of
transfers and exchanges of the Note.
(b) Transfer of Note. Upon surrender for transfer of the Note duly endorsed by the
registered owner thereof or accompanied by a written instrument of transfer, in form reasonably
satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly
SJB- 258192v3 C -4
LN 140 -89
authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the
name of the designated transferee or transferees, a new Note of a like aggregate principal amount
and maturity, as requested by the transferor. Notwithstanding the foregoing, the Note shall not
be transferred to any person other than an affiliate, or other related entity, of the Owner unless
the Authority has been provided with an opinion of counsel or a certificate of the transferor, in a
form satisfactory to the Authority, that such transfer is exempt from registration and prospectus
delivery requirements of federal and applicable state securities laws. The Registrar may close
the books for registration of any transfer after the fifteenth day of the month preceding each
Payment Date and until such Payment Date.
(c) Cancellation. The Note surrendered upon any transfer shall be promptly
cancelled by the Registrar and thereafter disposed of as directed by the Authority.
(d) Improper or Unauthorized Transfer. When the Note is presented to the Registrar
for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement
on such Note or separate instrument of transfer is legally authorized. The Registrar shall incur
no liability for its refusal, in good faith, to make transfers which it, in its judgment, deems
improper or unauthorized.
(e) Persons Deemed Owners. The Authority and the Registrar may treat the person in
whose name the Note is at any time registered in the bond register as the absolute owner of the
Note, whether the Note shall be overdue or not, for the purpose of receiving payment of, or on
account of, the principal of such Note and for all other purposes, and all such payments so made
to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and
discharge the liability of the Authority upon such Note to the extent of the sum or sums so paid.
(0 Taxes, Fees and Charges. For every transfer or exchange of the Note, the
Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for
any tax, fee, or other governmental charge required to be paid with respect to such transfer or
exchange.
(g) Mutilated, Lost, Stolen or Destroyed Note. In case any Note shall become
mutilated or be lost, stolen, or destroyed, the Registrar shall deliver a new Note of like amount,
maturity dates and tenor in exchange and substitution for and upon cancellation of such mutilated
Note or in lieu of and in substitution for such Note lost, stolen, or destroyed, upon the payment
of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case
the Note lost, stolen, or destroyed, upon filing with the Registrar of evidence satisfactory to it
that such Note was lost, stolen, or destroyed, and of the ownership thereof, and upon furnishing
to the Registrar of an appropriate bond or indemnity in form, substance, and amount satisfactory
to it, in which both the Authority and the Registrar shall be named as obligees. The Note so
surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be
given to the Authority. If the mutilated, lost, stolen, or destroyed Note has already matured or
been called for redemption in accordance with its terms, it shall not be necessary to issue a new
Note prior to payment.
3.04. Preparation and Delivery. The Note shall be prepared under the direction of the
Authority's Executive Director and shall be executed on behalf of the Authority by the signatures
of its President and Executive Director. In case any officer whose signature shall appear on the
SJB- 258192v3 C-5
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EXPENDITURES
FEBRUARY 28, 2005
Date: 02/10/2005 Time: 09:44:21 City of Lino Lakes
FM Entry - Invoice Journal
Ranges:
Vendor #: (A)
Invoice #: (A)
Entry Journal #: (R) 4455 4456
Trans #: (A)
Line #: (A)
Due Date: (A)
Bank #: (A)
Options: Detail / Summary: S
Sort: N
Operator: JAL Page: 1
Invoice Status: A # of copies: 1
Check Over Expend: N
Discount
Vendor # Name # of items Net Gross Discount Lost
000285 ARMOR HOLDINGS FORENSICS, INC. 1 149.00 149.00 .00 .00
000408 AFSCME COUNCIL #5 1 741.68 741.68 .00 .00
000468 RELIASTAR LIFE INSURANCE COMPANY 1 1,424.48 1,424.48 .00 .00
000484 ARMOR SECURITY, INC. 1 224.53 224.53 .00 .00
001550 FORTIS BENEFITS, INC. 1 887.41 887.41 .00 .00
002208 LAW ENFORCEMENT LABOR SERVICES, INC. 1 851.00 851.00 .00 .00
002330 LICHTSCHEIDL, DAVE 1 145.26 145.26 .00 .00
002694 SBC, INC. 1 35.83 35.83 .00 .00
002931 MN CHILD SUPPORT PAYMENT CENTER 1 234.42 234.42 .00 .00
003474 PAYNE, TIM 1 284.67 284.67 .00 .00
004560 U 8 BANK 1 477.48 477.48 .00 .00
900539 BROWN, MELINDA 1 114.50 114.50 .00 .00
Grand Totals: 12 5,570.26 5,570.26 .00 .00*
Date: 02/18/2005 Time: 07:18:13 City of Lino Lakes
FM Entry - Invoice Journal
Ranges:
Options:
Vendor #
000420
Vendor #: (A)
Invoice- #: —(A)
Entry Journal #: (R) 4483 4483
Trans #: (A)
Line #: (A)
Due Date: (A)
Bank #: (A)
Detail / Summary: S
Sort: N
Name
Operator: JAL Page: 1
Invoice Status: A # of copies: 1
Check Over Expend: N
Discount
# of items Net Gross Discount Lost
ANOKA COUNTY
Grand Totals:
1 11,399.13 11,399.13 .00
1 11,399.13 11,399.13 .00 .00*
Date: 02/18/2005 Time: 07:18:27
Ranges:
Options:
Vendor #: (A)
Invoice #: (A)
Entry Journal #: (R) 4482 - 4482
Trans #: (A)
Line #: (A)
Due Date: (A)
Bank #: (A)
City of Lino Lakes Operator: JAL
FM Entry - Invoice Journal
Detail / Summary: S
Sort: N
Invoice Status: A # of copies: 1
Check Over Expend: N
Page: 1
Discount
Vendor # Name # of items Net Gross Discount Lost
000082 J. H. LARSON COMPANY, INC. 3 797.09 797.09 .00 .00
000191 MACQUEEN EQUIPMENT, INC. 1 300.00 300.00 .00 .00
000227 DELL MARKETING L.P. 1 148.04 148.04 .00 .00
000262 MITEL COMMUNICATIONS SOLUTIONS, INC. 1 250.00 250.00 .00 .00
000293 WIPERS AND WIPES, INC. 4 495.54 495.54 .00 .00
000303 INSTRUMENTAL RESEARCH, INC. 1 90.00 90.00 .00 .00
000318 AMERIPRIDE LINEN /APPAREL SERVICES, INC. 1 158.42 158.42 .00 .00
000320 ANCHOR PAPER COMPANY, INC. 1 680.27 680.27 .00 .00
000329 ROLEK, ALAN 1 565.11 565.11 .00 .00
000364 NORTHERN AIR CORPORATION 1 1,113.00 1,113.00 .00 .00
000366 ORIENTIAL TRADING COMPANY, INC. 1 300.03 300.03 .00 .00
000440 ANOKA COUNTY GOVERNMENT CENTER 1 84.47 84.47 .00 .00
000539 TARGET 1 7.49 7.49 .00 .00
000598 MINNESOTA PIPE & EQUIPMENT, INC. 1 698.66 698.66 .00 .00
000748 INDEPENDENT OFFICIALS 1 1,008.00 1,008.00 .00 .00
000888 JOHNSON, RICK 1 90.00 90.00 .00 .00
000900 W E LAHR COMPANY 1 280.38 280.38 .00 .00
000911 WASHINGTON COUNTY 1 150.00 150.00 .00 .00
000946 C. P. OFFICE PRODUCTS 2 532.79 532.79 .00 .00
001000 CATCO PARTS, INC. 2 217.58 217.58 .00 .00
001062 CULLIGAN, BOTTLED WATER, INC. 1 71.87 71.87 .00 .00
001187 CONNEXUS ENERGY 1 3,409.91 3,409.91 .00 .00
Date: 02/18/2005 Time: 07:18:27 City of Lino Lakes
FM Entry - Invoice Journal
Operator: JAL Page: 2
Vendor # Name Discount
# of items Net Gross Discount Lost
001260 ACCLAIM BENEFITS 1 583.90 583.90 .00 .00
001270 DALCO, INC. 1 49.27 49.27 .00 .00
001292 DEHN OIL COMPANY, INC. 1 3,784.00 3,784.00 .00 .00
001293 DARE AMERICA MERCHANDISE, INC. 1 238.11 238.11 .00 .00
001473 FAIRVIEW LAKES REGIONAL MEDICAL CENTER 1 177.00 177.00 .00 .00
001480 HAWKINS WATER TREATMENT GROUP, INC. 3 6,560.93 6,560.93 .00 .00
001530 FOREST LAKE FORD, INC. 1 9.67 9.67 .00 .00
001532 MAGNETO POWER, LLC 1 190.59 190.59 .00 .00
001534 TRI- COUNTY LAW ENFORCEMENT ASSOCIATION 1 60.00 60.00 .00 .00
001557 BRAUN PUMP & CONTROLS, INC. 1 3,768.52 3,768.52 .00 .00
001561 EMERGENCY AUTOMOTIVE TECHNOLOGIES, INC. 1 13.00 13.00 .00 .00
001616 S & K PALLET JACK REPAIR /SALES 1 70.09 70.09 .00 .00
001620 GLENWOOD INGLEWOOD, INC. 1 39.14 39.14 .00 .00
001680 ONE CALL CONCEPTS, INC. 1 216.10 216.10 .00 .00
001880 HUGO FEED MILL & ELEVATOR, INC. 2 622.45 622.45 .00 .00
002107 TOLL GAS & WELDING SUPPLIES, INC. 1 6.45 6.45 .00 .00
002310 LEAGUE OF MINNESOTA CITIES 1 175.00 175.00 .00 .00
002328 LEEF BROTHER, INC. 1 23.12 23.12 .00 .00
002340 IMAGE PRINTING & GRAPHICS, INC. 1 580.15 580.15 .00 .00
002511 MCCARTHY WELL COMPANY, INC. 1 420.00 420.00 .00 .00
002522 DALCO ROOFING /SHEET METAL, INC. 1 203.00 203.00 .00 .00
002550 MENARDS, INC. 1 28.69 28.69 .00 .00
002570 METRO COUNCIL WASTEWATER SERVICES 1 55,135.06 55,135.06 .00 .00
002584 METRO SALES INCORPORATED 1 451.15 451.15 .00 .00
002700 CENTERPOINT /MINNEGASCO, INC. 1 3,806.61 3,806.61 .00 .00
002844 MINNESOTA PARK SUPERVISORS ASSOC 1 35.00 35.00 .00 .00
002900 MN. DEPARTMENT OF PUBLIC SAFETY 1 17.50 17.50 .00 .00
Date: 02/18/2005 Time: 07:18:28 City of Lino Lakes
FM Entry - Invoice Journal
Operator: JAL Page: 3
Discount
Vendor # Name # of items Net Gross Discount Lost
003050 MRPA 1 27.50 27.50 .00 .00
003123 NATURE CALLS, INC. 1 218.60 218.60 .00 .00
003180 NEWMAN TRAFFIC SIGNS, INC. 1 143.37 143.37 .00 .00
003220 FACTORY MOTOR PARTS COMPANY, INC. 2 419.74 419.74 .00 .00
003250 XCEL ENERGY 2 2,973.33 2,973.33 .00 .00
003443 OTTER LAKE ANIMAL CARE CENTER, INC. 1 408.38 408.38 .00 .00
003524 PITNEY BOWES, INC. 1 238.28 238.28 .00 .00
003600 PRESS PUBLICATIONS, INC. 4 327.90 327.90 .00 .00
003880 SHORT - ELLIOTT - HENDRICKSON, INC. 4 53,893.03 53,893.03 .00 .00
003910 SAM'S CLUB, INC. 1 415.73 415.73 .00 .00
004030 SMITH MICRO TECHNOLOGIES, INC. 1 205.86 205.86 .00 .00
004125 ST. PAUL CITY OF 1 300.00 300.00 .00 .00
004280 SUNSHINE LIGHTING COMPANY, INC. 1 16.21 16.21 .00 .00
004370 TR COMPUTER SALES, LLC 1 125.00 125.00 .00 .00
004427 TIMESAVER OFF -SITE SECRETARIAL, INC 3 391.50 391.50 .00 .00
004470 COMO LUBE & SUPPLIES, INC. 1 32.96 32.96 .00 .00
004562 NATIONAL WATERWORKS, INC. 1 7,948.30 7,948.30 .00 .00
004687 VADNAIS LAKE AREA WATER 1 2,003.00 2,003.00 .00 .00
004840 WINNICK SUPPLY, INC. 1 6.92 6.92 .00 .00
900477 PARTS ASSOCIATES, INC. PAI 1 492.21 492.21 .00 .00
900491 ROSEVILLE, CITY OF 1 3,333.34 3,333.34 .00 .00
Grand Totals: 90 162,634.31 162,634.31 .00 .00*
Centennial Fire District
Check Register
2/18/2005
The disbursements listed below are submitted by the Centennial Fire District for your approval:
DATE CHECK# NAME
2/17/2005 14619
2/17/2005 14620
2/17/2005 14621
2/17/2005 14622
2/17/2005 14623
2/17/2005 14624
2/17/2005 14625
2/17/2005 14626
2/17/2005 14627
2/17/2005 14628
2/17/2005 14629
2/17/2005 14630
2/17/2005 14631
2/17/2005 14632
2/17/2005 14633
2/17/2005 14634
2/17/2005 14635
2/17/2005 14636
North Suburban Mutual Aid Association
Jukebox Express
Sgt. John Rice VFW Post #6316
Amoco Oil Company
Ancom Communications, Inc.
Aspen Mills
Connexus Energy
Diversified Texturing & Engraving
Emergency Apparatus Maintenance
Glen Olson
League of Minnesota Cities Insurance Trust
Loffler Business Systems
Postmaster
Qwest
Rolltex Computers
Sgt. John Rice VFW Post #6316
Viking Office Products
Xcel Energy
Total
ACCOUNT
42220 - Travel, Conf., Schooling
42280 - Miscellaneous Expense
42280 - Miscellaneous Expense
42100 - Fuel and Lube
42110 - Other Maintenance
42120 - Uniform Expense
42252 - Station 1 - Electric
42130 - Equipment Expense
42000 - Vehicle Maintenance
42110 - Other Maintenance
42140 - Insurance
42180 - Office Supplies Expense
42180 - Office Supplies Expense
42240 - Telephone
42180 - Office Supplies Expense
42280 - Miscellaneous Expense
42180 - Office Supplies Expense
42254 - Station 2 - Electric
AMOUNT
450.00
125.00
100.00
412.32
275.78
13.76
349.22
47.50
11,413.78
7.44
12,254.00
53.33
111.00
187.76
20.09
200.00
149.34
530.69
26, 701.01
STAFF ORIGINATOR:
DATE:
TOPIC:
VOTE REQUIRED:
AGENDA ITEM 1B
Jean Viger, Deputy City Clerk
February 28, 2005
Resolution No. 05 -25, Approving Canvasser /Solicitor
License for ACORN (Minnesota Association of
Community Organizations for Reform Now)
Simple Majority (3/5 Vote)
BACKGROUND:
Minnesota ACORN has submitted an application to obtain a non -profit
canvasser /solicitor license from the City of Lino Lakes. Minnesota ACORN is a non-
profit organization whose priorities include helping the working poor families own a
home of their own. Mr. Marc Wermager will be soliciting the Lino Lakes neighborhoods
seeking charitable donations to further the organization's mission. (see attached flyers)
Minnesota ACORN has complied with all of the provisions of the Lino Lakes City Code
for obtaining the necessary license, including a background check on Mr. Wermager.
The Lino Lakes Police Department is conducting the investigation and will have a report
prior to Council consideration. The fee for non - profit organizations is waived.
The application, completed by Chris Saffert, the head organizer, the personal history
form, completed by the solicitor Mr. Wennager, the non - profit certificate of authority fo
both Minnesota ACORN and its parent organization, the American Institute for Social
Justice, Minnesota Project and the background investigation results are on file in the city
clerk's office for review.
Minnesota ACORN canvassed in Lino Lakes from May 25th through November 25th,
2004. There were no complaints by residents and no violations by the organization.
r
OPTIONS:
1. Approve Resolution No. 05 -25
2. Deny Resolution No. 05 -25
RECOMMENDATION:
Option No. 1
CITY OF LINO LAKES
COUNTY OF ANOKA
RESOLUTION NO. 05 -25
RESOLUTION APPROVING SOLICITOR'S / PEDDLERS LICENSE
FOR MINNESOTA ACORN
WHEREAS, Mr. Chris Saffert, director of Minnesota ACORN has submitted a solicitors
/ peddlers application to the City Clerk's office ; and
WHEREAS, Mr. Chris Saffert of Minnesota ACORN has complied with all of the
provisions of Chapter 612 of the Lino Lakes City Code for obtaining the necessary
license for a non - profit organization; and
WHEREAS, the Lino Lakes Police Department is conducting a background
investigation as required; and
NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Council hereby
approves the request for Minnesota ACORN and authorizes them to solicit door -to -door
in the City of Lino Lakes for a period of six (6) months, pending the results of the
background investigation, and subject to all the conditions and provisions of the Lino
Lakes City Code, Chapter 612.
Adopted by the Lino Lakes City Council this 28th day of February, 2005
ATTEST:
Ann Blair, City Clerk
John Bergeson, Mayor
APR -12 -2004 11:50 AM
Who is ACORN?
Association of Community Organizations for Reform Now
P.07
ACORN, the Association of Community Organizations for Reform Now, is the nation's largest community
organization of low and moderate - Income families, with over 120,000 member families organized into 600
neighborhood chapters In 45 cities across the country. Since 1970 ACORN has taken action and won victories on
issues of concern to our members. Our priorities include: better housing for first time homebuyers and tenants,
living wages for low -wage workers, more investment in our communities from banks and governments, and better
public schools. We achieve these goals by building community organizations that have the power to win changes --
through direct action, negotiation, legislation, and voter participation.
What has ACORN Accomplished? This h a sampling of ACORN's accomplishments thus far.
e Community Reinvestment
Negotiated landmark agreements with banks in St. Louis, Baton Rouge, Boston, Bridgeport, New York City, Jersey
City, Philadelphia, Phoenix, Denver, Little Rock, New Orleans, Chicago, Minneapolis -St. Paul, Brooklyn, Des
Moines, Dallas and Washington, D.C., making over a billion dollars available for loans in low- income neighborhoods.
Blocked the gutting of the federal Community Reinvestment Act. Forced Fannie Mae to establish a precedent - sorting
program to buy community reinvestment mortgages.
Housing
Created or upgraded homesteading programs that turn over vacant houses to low - income residents in
Philadelphia, Detroit, Brooklyn, Bridgeport, Chicago, Phoenix, St. Louis, and Little Rock. Won passage of a
national homesteading bill to protect buyers from unnecessary eviction. Forced HUD to reform policies and
procedures to make It easier for low and moderate- income people to purchase HUD -owned properties.
Schools
Won establishment of alternative public schools in ACORN neighborhoods in Brooklyn, Queens, Jersey
City, and St. Paul. Improved school facilities and governance in Chicago, New York, San Jose, Little Rock
and Bridgeport. Stopped school closings in Des Moines, won free transportation to schools in Little Rock,
upgraded school safety in New Orleans and Detroit.
Living Wages
Taken a leadership role In more than a dozen jobs and living wage campaigns, Including victories in
Chicago, Cook County, Boston, Oakland, Detroit, Minneapolis, and St. Paul. To help build the growing living
wage movement, ACORN has established the Living Wage Resource Center to provide assistance to living
wage campaigns wherever they arise.
e Jobs
Secured "First Source" ordinances or agreements requiring developers to hire low- Income unemployed
residents In Miami, Washington, D.C., Bridgeport, Pittsburgh, Dallas, St. Louis, Little Rock and Des Moines.
8 Voter Participation
Registered over 500,000 new voters since 1980. Struck down barriers to voter registration in Bridgeport,
Pine Bluff, Little Rock, Atlanta, Grand Rapids and Pittsburgh. Replaced at -large City Council elections with
a district election system in Pine Bluff and Pittsburgh. Recruited and trained ACORN members to run for
public office In Little Rock, Pine Bluff, Philadelphia, Bridgeport, New York, San Jose, Chicago, Tulsa, St.
Louts and Des Moines.
e Health and Environmental Justice
Forced companies to clean up, move, or cancel plans for toxic chemical plants, dumps, discharges, or
waste incinerators In Memphis, Ft. Worth, Philadelphia, Des Moines, New Orleans, Dallas, Minneapolis,
Jacksonville, St. Paul, Chicago, and St. Louis. Improved hospital care in Little Rock, Dallas and New York.
Expanded childhood immunization in New Orleans. Organized parents of lead poisoning victims to pressure
local governments for improved screening and treatment In New York, Detroit, Chicago, and Washington,
D.C.
O Neighborhood Safety
Forced police and city officials to respond more effectively to rapes in low- Income neighborhoods and to
establish rape - prevention programs in St. Louts, Boston, Chicago, New Orleans and Des Moines. Won
programs to fight drugs, ranging from more police foot patrols to better recreation facilities in New Orleans,
Philadelphia, St. Louis, Minneapolis, St, Paul, Boston, and Detroit.
-13
For more Information on ACORN visit us o.. web site at www.acorn.orq or call (651) 642 -9639
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STAFF ORIGNINATOR:
MEETING DATE:
TOPIC:
VOTE REQUIRED:
BACKGROUND:
AGENDA ITEM 1C
Ann Blair, City Clerk
February 28, 2005
Consider Approval of Resolution No. 05 -24,
Application for Temporary On -Sale Liquor License
for Lino Lakes Lions Club
Simple Majority (3/5 Vote)
The Lino Lakes Lions Club has scheduled their annual prime rib dinner for Saturday, March 5,
2005 to be held at St. Joseph Catholic Church, 171 Elm Street. The Lino Lakes Lions Club is
requesting approval of a 1 to 4 Day Temporary On -Sale Liquor License application. The license
is necessary to allow the Lions Club to mix and dispense liquor that will be served as part of the
dinner.
The applicant is required to submit an application to the city for approval at least 30 days prior to
the event. In this case, time does not allow and the 30 -day waiting period would need to be
waived. The Minnesota Department of Public Safety, Alcohol & Gambling Enforcement
Division is willing to accept the application via fax should the City Council approve it.
City policy requires a background investigation each time a permit or license application is
received. The Lino Lakes Police Department is conducting the investigation at this time.
A copy of the application, and a copy of the certificate of liquor liability insurance are on file in
the city clerk's office.
OPTIONS:
1. Approve Resolution No. 05 -24, Application for the 1 to 4 day temporary on -sale liquor
license.
2. Deny application.
RECOMMENDATIONS:
1. Approve application.
CITY OF LINO LAKES
COUNTY OF ANOKA
RESOLUTION NO. 05 -24
RESOLUTION APPROVING LINO LAKES LIONS CLUB
APPLICATION FOR A 1 TO 4 DAY TEMPORARY ON -SALE LIQUOR
LICENSE
WHEREAS, Minnesota Statute, Section 340, allows the city council to issue a temporary
on -sale liquor license to a non -profit organization in connection with a social event
sponsored by the licensee and held within the city limits; and
WHEREAS, the Lino Lakes Lions Club has submitted an application to hold a
fundraising event at St. Joseph Catholic Church on March 5, 2005; and
WHEREAS, the Lino Lakes Lions Club has paid the required fee, and
WHEREAS, the City of Lino Lakes is conducting an investigation of the Lino Lakes
Lions Club, and
WHEREAS, the Alcohol & Gambling Enforcement Division requires the application be
approved by the City of Lino Lakes City Council before submitting for approval to the
liquor control board.
NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Council hereby
approves the request of the Lino Lakes Lions Club for a temporary on -sale liquor license,
pending the results of the background investigation.
Adopted by the Lino Lakes City Council this 28th day of February, 2005
John Bergeson, Mayor
ATTEST:
Ann Blair, City Clerk
•
•
•
AGENDA ITEM 3A
STAFF MEMBER Daniel Tesch, Director of Administration
DATE 28 February 2005
SUBJECT Advisory Board Appointments
VOTE REQUIRED 3/5
BACKGROUND
Each year, the city re- appoints or appoints citizens to serve on council advisory boards.
The city advertised and received a number of qualified applicants. Interviews were held, and a
consensus on board appointees was made at the council's 23 February work session. The
following is a list 2005 annual board appointments.
Planning and Zoning Committee
Perry Laden
Robert Nelson
Park and Recreation Board
George Lindy
Katie Boyle
Paul Montain
Environmental Board
Barbara Bauman
Mary Jo O'Dea
Term Expires
31 December 2007
31 December 2007
Term Expires
31 Dec. 2007
31 Dec. 2007
31 Dec. 2007
Economic Development Advisory Board
John Milbauer
Kirk Corson
William Combs
Joan Kuschkle
OPTIONS
1. Approve the recommendation
2. Table
RECOMMENDATION
Number One.
J:\Appointments\2005 \Greensheet 2.doc
Term Expires
31 December 2007
31 December 2007
Term Expires
31 December 2005
31 December 2007
31 December 2007
31 December 2007
AGENDA ITEM 3B
STAFF MEMBER Daniel Tesch; Director of Administration
DATE 28 February 2005
SUBJECT Conditional Offer of Employment to Ms. Jennifer Carr
VOTE REQUIRED 3/5
BACKGROUND
The departure of Mr. Dale Hager created a vacancy in our Public Safety Depat twent.
The city received over 47 applications which were screened and ranked. First round interviews
were given to 31 applicants. Two subsequent interviews were conducted as the field was
narrowed. Final interviews were conducted last Tuesday by a panel made up of the Chief
Pecchia, a resident and myself.
Based on the application and interviews, we would like to make a tentative offer of
employment to Ms. Jennifer Carr. The appointment will be conditioned upon successful
completion of a background check.
OPTIONS
1. Make a conditional offer of employment to Ms. Jennifer Carr.
2. Delay the appointment.
RECOMMENDATION
Number One.
AGENDA ITEM 6A
STAFF ORIGINATOR: Jim Jacques, TKDA
COUNCIL MEETING DATE: February 28, 2005
TOPIC: Public Hearing: Annual Storm Water Pollution Prevention Program
VOTE REQUIRED: N/A
BACKGROUND:
In compliance with the provisions of the Clean Water Act, as amended, (33
U.S.C. 1251 et. Seq., 40CFR 122, 123 and 124, as amended et seq.); Minnesota
Statues Chapters 115 and 116, as amended, and Minnesota Rules Chapter
7001, the city adopted a Storm Water Pollution Prevention Plan and authorized
its submittal to the Minnesota Pollution Control Agency as part of the City's
application for enrollment in the State of Minnesota's General National Pollution
Discharge Elimination System Phase II Permit Authorizing the City's discharge of
storm water.
As part of the Storm Water Pollution Prevention Plan, the City must solicit public
input at an annual meeting required under the Public Education and Outreach
plan including:
• A presentation about implementation of the City's Surface Water
Pollution Prevention Program in 2004
• Affording interested persons an opportunity to make oral statements
concerning the Storm Water Pollution Prevention Program
• Consideration of relevant written materials that interested persons
submit concerning the Storm Water Pollution Prevention Program
• Consideration of public input in making adjustments to the 2005
implementation plan for the Storm Water Pollution Prevention
Program.
OPTIONS:
1. Close the Public Hearing.
RECOMMENDATION:
Option No. 1 - Staff recommends closing the public hearing.
AGENDA ITEM 6B
STAFF ORIGINATOR: Paul Bengtson
CC MEETING DATE: February 28, 2005
TOPIC: Resolution Number 05 -13
Conditional Use Permit Amendment
Molin Concrete
ACTION REQUIRED: 3/5 vote
BACKGROUND
Molin Concrete is proposing two additions to the existing facilities at 415 Lilac Street. One is an
outdoor storage bay with an overhead crane, and the other is a 17,500 square foot addition to the
pre -cast fabrication area. Under the new zoning ordinance, the site plan review is done
administratively. However, a Conditional Use Permit amendment is necessary; therefore the
comments for the Site Plan Review will be included in this report.
The Molin property is covered entirely by a conditional use permit for the concrete plant. An
interim use permit for outdoor storage also covers the northern 20 acres. This new application
does not involve the storage area. Building additions such as those proposed in this application
require an amendment to the Conditional Use Permit. Because this application involves the CUP
amendment, it is appropriate to review the conditions placed on the site through the last CUP
amendment in 2003. That City amended the CUP with Resolution 03 -73.
ANALYSIS
Comprehensive Plan, Land Use and Zoning:
The table below identifies the existing land use and zoning as well as guided land uses for the
area.
Location
Existing Land Use
Guided Land Use
Existing Zoning
Site
Industrial
Industrial
LI (Light Industrial) &
GI (General Industrial)
North
Single Family
Low Density Unsewered Residential
R (Rural)
South
Industrial
Industrial
GI (General Industrial)
East
Single Family
Industrial, Commercial &
Low Density Unsewered Residential
R (Rural)
West
Single Family
Low Density Unsewered Residential
R (Rural) &
R -1 (Single Family Residential)
Molin Amendment
Page 2 of 3
SITE PLAN
Buildings: Site plans have been submitted for two additions. One is an outdoor storage bay
with an overhead crane. This will attached to the north side of the two existing storage bays, just
north of the existing extruded pre -cast manufacturing building, and will meet all required
setbacks.
The second proposed addition is a 17,500 square foot addition to the north side of the existing
manufacturing and batch plant, which will also meet all required setbacks.
Lighting: The lighting plan for the 17,500 square foot addition depicts seven additional wall
mounted lighting fixtures, however due to the fact that that it is setback so far from property
lines, a revised photometric lighting plan was not required with this submittal. However a
condition similar to that put on the most recent Conditional Use Permit amendment will be added
requiring hoods, direction from residential, and 90 degree cut off angles for all new exterior
lighting.
Traffic: The building additions are being made to accommodate current manufacturing
activities on site. The additions will not increase the number of employees or the amount of
traffic generated by the concrete plant. The City has not received any recent calls about traffic
concerns.
Grading/Drainage, Utilities: A grading and utility plan was submitted with this application,
and was thoroughly reviewed by the City Engineer. A memorandum is attached to this report
that outline all of the City Engineer's comments.
The City has received notification from the Rice Creek Watershed District that the proposed
additions will have only a minor effect on the site and will therefore be treated as an amendment
to the existing permit.
Landscaping: There is no landscaping proposed for these additions, and staff does not
recommend any additional landscaping. These additions are both fairly minor in nature
compared to the existing facilities on site, and screening in the form of landscaping and walls is
already provided in ample quantity.
Completion of a number of landscaping issues was a condition of approval for one of Molin's
previous Conditional Use Permit amendment (Resolution 01 -182), given in November of 2001
for an expansion of the facilities. These landscaping issues involved tree and shrub planting on
the berm to the north of the property, as well as native seed planting around the pond located
north of the berm.
When the latest amendment was proposed in 2003 (Resolution 03 -73) city staff visited the site
and verified that the landscaping plan approved in 2001 was being implemented properly
according to the approved planting plan. City staff will complete another inspection of the site
for conformance to the approved landscaping plan once weather permits.
PLANNING AND ZONING BOARD
Molin Amendment
Page 3 of 3
The Planning and Zoning board recommended approval of the proposed amendment to the
Conditional Use Permit at the February 9, 2005 meeting. The major concern the board expressed
was that the landscaping that was previously approved was appropriately installed and was being
maintained.
OPTIONS.
1. Approve Resolution 05 -13 and the proposed amendment to the Conditional Use Permit.
2. Deny Resolution 05 -13 and the proposed amendment to the Conditional Use Permit.
3. Return to staff with direction.
RECOMMENDATION
Staff recommends approval subject to the following conditions:
1. Issues discussed in the City Engineer review memo must be addressed to his satisfaction.
2. Exterior lighting fixtures shall be hooded and directed to reflect light away from
neighboring residential properties and rights of way. The fixtures must have a 90- degree
cut off angle.
3. All conditions in Resolution 01 -182 continue to apply.
Attachments:
1. City Engineer Comments dated February 4, 2005
2. Cover Sheet and Site Plan received January 20, 2005
3. Floor Plan and Exterior Elevations received January 5, 2005
4. Grading/Drainage /Erosion Control Plan received February 4, 2005
- 22 -
CITY OF LINO LAKES
RESOLUTION NO. 05-13
RESOLUTION APPROVING AMENDMENT OF AN EXISTING CONDITIONAL USE
PERMIT TO ALLOW TWO
BUILDING ADDITIONS AT MOLIN CONCRETE, 415 LILAC DRIVE
WHEREAS, Molin Concrete has submitted a request to the City to amend an existing
conditional use permit to allow for building additions for a locker room and the expansion of a
maintenance garage at 415 Lilac Drive, and
WHEREAS, the legal description of the property is:
The South Half of the Northwest Quarter of the Southwest Quarter of Section 8,
Township 31, Range 22, Anoka county, Minnesota;
The Southwest Quarter of the Southwest Quarter of Section 8, Township 31, Range 22,
EXCEPT the East 260 feet of the South 832 feet thereof, ALSO EXCEPTING the South
412 feet of the Southwest Quarter, Anoka County, Minnesota;
The South 412 feet of the Southwest Quarter of the Southwest Quarter of Section 8,
Township 31, Range 22, Anoka County, Minnesota, EXCEPT the East 260 feet thereof.
and
WHEREAS, the City's review is based on the Molin Plan Set received January 5, 2005;
Grading /Drainage /Erosion Plan received January 19, 2005; Cover Sheet and Site Plan, revised
and received January 20, 2005
WHEREAS, the Planning Commission held a public hearing on the application on February 9,
2005, and recommended approval with conditions, and
WHEAREAS, the City Council of the City of Lino Lakes adopted Resolution 01 -182 on
November 13, 2001, and
WHEREAS, the City Council of the City of Lino Lakes finds that, with the conditions of
approval included in this resolution, the following findings of fact apply as required by Section 2
Subd. 2.B.7 and by Section 8 Subd.2.I.4 of the zoning ordinance:
a. This application is consistent with the comprehensive plan, including future and present
land uses. The building additions do not alter existing uses on the site.
b. The application meets all performance standards.
c. The project will not increase traffic generation or impacts.
d. The project will not increase demands on sanitary sewer and water use.
e. The project will require not require capital improvements by the City.
City Council
Molin Concrete
February 28, 2005
f. The project will not create detrimental impacts.
g. The project will not impact natural or historic features.
h. All applicable Minnesota Pollution Control Agency requirements are satisfactorily met.
i. The project will not alter the site's drainage system previously approved by the City
Engineer.
NOW, THEREFORE, BE IT RESOLVED, that the Lino Lakes City Council hereby approves an
amendment of the existing conditional use permit to allow the construction of building additions
for product preparation and staging.
BE IT FURTHER RESOLVED that the following conditions apply:
1. Issues discussed in the City Engineer review memo must be addressed to his satisfaction.
2. Exterior lighting fixtures shall be hooded and directed to reflect light away from
neighboring residential properties and rights of way. The fixtures must have a 90- degree
cut off angle.
3. All conditions in Resolution 01 -182 continue to apply.
Adopted by the Lino Lakes City Council this day of , 2005
John J. Bergeson, Mayor
ATTEST:
Ann Blair, City Clerk
Memorandum
DATE: February 4, 2005
TO: Paul Bengston
FROM: James E. Studenski, City Engineer
RE: Molin Precast Manufacturing Building Addition
Attached for your use is a copy of the TKDA review dated January 31, 2005 for the
Molin Precast Manufacturing Building Addition. These items must be addressed
before final approval is given for this project.
Please contact me with any questions.
600 Town Center Parkway I inn '.akes, Minnesota 55014 -1182
Phone: 651 - 982 -2400 • Fa: - 2 5 -.82 -2499 • TDD: 651 - 982 -2410
TKDA
ENGINEERS • ARCHITECTS • PLANNERS
MEMORANDUM
1500 Piper Jaffray Plaza
444 Cedar Street
Saint Paul, MN 55101 -2140
(651) 292-4400
(651) 292 -0083 Fax
www.tkda.com
To: James E. Studenski, P.E. Reference: Molin Precast Manufacturing
City of Lino Lakes, Minnesota Engineering Review of
Copies To: Proposed Building Addition
From: Scott A. Brink, P.E.
Date: January 31, 2005
Comm. No. 13265.002
Routing:
A proposal to construct building addition improvements to the existing facility has been presented by Molin
Concrete. The following items have been submitted for review:
1. Full size Grading, Drainage, and Erosion Control Plans dated February 14, 2002 (existing
conditions).
2. Full size revised Site plan dated December 10, 2004 and received by the City of Lino Lakes January
14, 2005.
3. Letter from Molin Concrete dated January 11, 2005 outlining the proposed improvements.
4. Land Use Application dated January 5, 2005.
5. E -Mail dated January 10, 2005 from Molin Concrete.
6. Full -size and half -size Building Plans dated December 10, 2004, and received by the City of Lino
Lakes January 5, 2004.
The applicant proposes to construct a 17,500 square foot addition to the existing manufacturing facility. An
additional outside storage bay is also proposed. However, the location and size of the storage bay is not
easily definable on the plans submitted, and further detail is required.
Based upon our understanding of the amount of area to be disturbed (0.40 acres) for the building addition, it
would not appear that a review or approval of the Rice Creek Watershed District will be required. However,
a review may be warranted if the improvement site is located within a 100 -year flood plain, or within 1,000
feet of a public water or protected wetland. It is therefore suggested that the applicant contact RCWD to
verify conformance in accordance with the Watershed's requirements.
The existing site conditions show a storm sewer near the location of the proposed addition. A revised and
proposed grading plan must be submitted that demonstrates how runoff from the new addition is proposed to
be routed, and include provisions and measures for sedimentation and erosion control. It is recommended
that existing drainage patterns be maintained and the capacities of existing storm sewers, ponds, etc. be
verified for their adequacies in accommodating additional runoff.
The applicant must verify the adequacy of existing utilities and plumbing to service the new addition, and
shall address per the building permit requirements of the City of Lino Lakes.
An Employee Owned Company P--"-- Affirmative Action and Equal Opportunity
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ONCRETEIBASE.OWG. 2/2/2005 4:00:11 PM. CGS
STAFF ORIGINATOR:
DATE:
TOPIC:
Vote Required:
BACKGROUND:
AGENDA ITEM 6C
Mary Alice Divine
02/28/05
Resolution No. 05 -14 approving a Business Subsidy
for Schwan's Home Service, Inc.
Simple Majority
Schwan's Home Service, Inc. has made a request for tax increment financing on
to relocate their warehouse /distribution facility that is currently on Lake to the
Marshan Industrial Park.
The company has committed to hiring at least six (6) new employees within two
years at no less than $9.00 per hour, plus benefits.
Based on an analysis of information provided by Schwan's, staff and the city's
TIF consultant recommend providing five years of increment for a total amount of
$91,715.
Business Subsidy Criteria have been established by the city for use in evaluating
a request for a business subsidy. The criteria used in evaluating a request for a
business subsidy include:
1. The business subsidy meets a public purpose, including but not limited to
increasing the tax base.
2. While an increase in the tax base cannot be the sole rounds for granting a
subsidy, the city believes it is a necessary condition for any subsidy.
3. The recipient creates the maximum number of livable wage jobs at the
site.
4. Projects of this type should promote economic and commercial diversity
within the community, contribute to the establishment of a critical mass of
commercial development within an area, promote redevelopment
objectives and removal of blight, or encourage full utilization of existing or
planned infrastructure improvements.
The city's Economic Development Advisory Committee (EDAC) has supported
the project, since it met the necessary subsidy criteria, building standards and
zoning codes.
A public hearing was held earlier tonight during the meeting of the Economic
Development Authority (EDA) and the EDA considered the business subsidy.
The city also considers and acts on any business subsidy that is considered by
the EDA.
OPTIONS:
1. Approve Resolution 05 -14, approving a business subsidy to Schwan's
Home Service, Inc.
2. Return to staff for further consideration.
3. Do not approve a business subsidy.
RECOMMENDATION:
Option 1
LINO LAKES CITY COUNCIL
RESOLUTION NO. 05 -14
RESOLUTION APPROVING A BUSINESS SUBSIDY
TO SCHWAN'S HOME SERVICES, INC.
BE IT RESOLVED by the Lino Lakes City Council as follows:
Section 1. Recitals
1.01. The Lino Lakes Economic Development Authority (the "Authority ") approved a tax
increment financing plan (the "Plan") for the Tax Increment Financing District No. 1 -10 (TIF
District No. 1 -10) on August 11, 2003.
1.02. On August 11, 2003, the City Council of the City of Lino Lakes (the "City ")
approved the Plan.
1.03. On June 23, 2003, the City approved the revised City of Lino Lakes Business
Subsidy Criteria (the "Criteria "), pursuant to Minnesota Statute, sections 116J.993 through
116J.995 (the "Business Subsidy Act. ")
1.04. Schwan's Home Services, Inc., (the "Developer ") has requested a business subsidy
through tax increment financing; and
1.05. The City has considered a business subsidy in the amount of $91,715 for the
construction of a light industrial facility in the Marshan Industrial Park.
1.06. Pursuant to Section 116J.994, subd. 5 of the Business Subsidy Act, the Authority
has on this date held a public hearing on the proposed subsidy to the Developer, following
published notice as required by law, at which hearing all persons wishing to express an opinion
were given an opportunity to do so.
Section 2. Findings.
2.01. It is hereby found and determined that the business subsidy is in the best interest of
the City because it is consistent with and promotes the goals established by the City in adopting
the Criteria.
2.02. It is hereby found and determined that granting the business subsidy to the
Developer furthers the City's general plan of economic development of the community by
encouraging growth and expansion of an industrial park which has not been used to its full
potential, and by facilitating redevelopment of industrial uses on Lake Drive.
2.03. Pursuant to the Criteria established by the City, it is hereby found and determined
that the business subsidy promotes the following:
1. Encourages economic and commercial diversity within the community;
2. Contributes to the establishment of a critical mass of commercial development
within an area;
3. Promotes redevelopment objectives and removal of blight;
4. Encourages fast growing or other desirable businesses to locate or expand
within the community; and
5. Encourages full utilization of existing or planned infrastructure improvements.
Section 3. Authorization.
3.01. The business subsidy to the Developer as described above is hereby approved.
3.02. Staff and consultants are hereby authorized and directed to take any and all other
actions necessary or convenient to effect the intent of this resolution.
Dated: , 2005.
Mayor
ATTEST:
City Clerk
AGENDA ITEM 6D
STAFF ORIGINATOR Michael Grochala
DATE: 02/28/05
TOPIC: Resolution No.05 -15 Approving YMCA Development
Agreement
VOTE REQUIRED: Simple majority
BACKGROUND:
In 1999 the city adopted a resolution endorsing financial support of $1.5 million
for the construction of the YMCA in Lino Lakes. In addition, the city endorsed the
use of 6.7 acres of city -owned land in the downtown Woods Edge project and
the provision of infrastructure to the project. Providing this commitment enabled
the YMCA to move forward in securing its own financing and begin fundraising
for the remaining costs of construction.
City staff, Kennedy & Graven, and Springsted, the city's legal and bond
consultants, have been meeting with the YMCA to work out various aspects of
the YMCA/City rights and responsibilities under the agreement. The
development agreement is attached for your consideration.
AGREEMENT
The major elements of the development agreement include:
YMCA Responsibilities
• Build a facility of approximately 50,000 sq. ft.
• Adhere to the principles of the Town Center Design Standards.
• Commit to remaining funds required to building the facility.
• Provide Lino Lakes residents a waiver of joiners' fees for the first three
months of operation, and additional "open membership" periods for the
next five years.
• Charge Lino Lakes residents monthly rates that are 10 percent below
standard monthly rates for five years.
• Provide a teen center available to all Lino Lakes resident youth.
City of Lino Lakes
• Commit $1.5 million in support of construction of the YMCA.
• Provide 6.7 acres of land for construction of the YMCA.
• Provide infrastructure (road, water and sewer) to the site.
• Assist in providing tax - exempt financing for YMCA's additional
construction costs not raised through contributions (financing structure to
be determined).
TAX IMPACT
The tax impact on Lino Lakes residents for the city's $1.5 million commitment
starts out at $20 per year on a $228,000 home, and declines over the 15 years
of the bonds. The total impact on the $228,000 home is approximately $230 over
15 years. However, if a Lino Lakes resident joins the YMCA, the savings on a
single membership is $5 per month. A resident would recoup the $230 cost in
less then four years. This savings will be greater if the resident signs up during
the initial period that joiner fees are free, and also greater for family
memberships.
SUMMARY
The community has been eagerly anticipating the construction of the YMCA for a
number of years. This agreement sets forth the primary understanding under
which the YMCA and City will proceed so that the YMCA can move forward with
final architectural design. The YMCA anticipates beginning construction this fall.
OPTIONS:
1. Adopt Resolution No. 05 -15 approving the development agreement with
the Chain of Lakes YMCA
2. Do not approve the development agreement.
3. Return to staff for further consideration
RECOMMENDATION:
Option 1
LINO LAKES CITY COUNCIL
RESOLUTION NO. 05 -15
APPROVING A DEVELOPMENT AGREEMENT WITH THE YMCA
WHEREAS, The YMCA has proposed to partner with the City of Lino Lakes to build a
facility in the downtown development Legacy at Woods Edge; and
WHEREAS, on March 8, 1999 the City passed a resolution endorsing the financial
support for the construction of the YMCA to include $1.5 million for construction costs,
6.7 acres of land, and infrastructure to the site; and
WHEREAS, The YMCA has determined it will provide benefits to Lino Lakes residents,
including reduced membership fees for five years and a teen center, and;
WHEREAS, the YMCA fits into the overall objectives of the Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes,
Minnesota, the Development Agreement between the City and the YMCA is approved.
City staff and consultants are hereby authorized and directed to negotiate in good faith
regarding the financing structure that meets the needs and mutual interests of all parties
and to take any and all other actions necessary or convenient to affect the intent of this
resolution.
Dated: February 28, 2005
Mayor
ATTEST:
City Clerk
With SJB Revisions 2/17/05
REVISED DRAFT (02/14/05)
YMCA/CITY OF LINO LAKES
PRELIMINARY DEVELOPMENT AGREEMENT
THIS AGREEMENT, made as of the _ day of , 2005, by and
between the CITY OF LINO LAKES (the "City ") and THE YMCA OF GREATER SAINT
PAUL ( "YMCA ")
A. FACILITY
1. The YMCA will construct a facility of approximately 50,000 square feet that includes
a teen center, gym, indoor pools, cardiovascular /strength training area, aerobic studio,
family program space and Kids Stuff. Building design will provide for future
expansion opportunities.
2. The YMCA site and building plan will adhere to the principles of the Village Master
Plan and its development standards.
3. The YMCA will hold responsibility for the design of the facilities listed in A -1, and
operations and programming within the facility, including the hours of operation. The
City of Lino Lakes, through its participation on the board of directors and its city staff
liaisons acting as at -large members on the facilities, finance and programming
committees, will provide comment regarding the architectural design, site layout,
landscaping, parking, lighting and signage incorporated within the design standards.
City staff and the YMCA will establish a process to implement complementary and
joint recreational programming.
4. The YMCA will be subject to the city's comprehensive plan, zoning ordinances, and
site plan reviews. The YMCA will be responsible for obtaining any other necessary
permits from other public regulatory agencies.
B. FINANCIAL COMMITMENT
1. It is anticipated the cost for construction of the facility will be in the range of $7
million, including in -kind donations, based on year 2004 construction costs.
2. The City of Lino Lakes commits to $1.5 million in support of the construction of the
YMCA upon acceptance of the development agreement by the Lino Lakes City Council.
The $1,500,000.00 in support from the City of Lino Lakes will be funded to the YMCA
in full upon ground breaking for the facility, or at such other time as the parties mutually
agree in connection with other financing for the facility. The YMCA commits financial
development to secure funds to construct the facility. If a shortfall exists, the YMCA
agrees to revenue debt financing for that amount, currently estimated to be approximately
$2.5 million, under terms further described in Section D below.
3.The City of Lino Lakes will provide infrastructure (road, sewer, water) to the property.
The YMCA will be responsible for all costs associated with utility hook -up from the street
to the facility. The YMCA will be solely responsible for all permit fees, SAC fees, and
connection charges.
SJB- 259390v1
LN 140 -90
2
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4. The YMCA will be solely responsible for all costs in excess of the sum contributed
by the city, including financing, administrative, architectural, engineering,
construction management, surveying and legal costs, and site and building plan
review fees.
C. RESIDENTIAL USE COVENANTS
-1- Local YMCA individual and family memberships will be available to Lino Lakes
residents at a 10% discount below standard pricing of all membership categories
offered through the YMCA of Greater Saint Paul for 5 years from the date the
YMCA is operational.
2. A teen center will be a component of the facility. This teen center will be available
to all eligible Lino Lakes resident youth regardless of whether or not they are
members of the YMCA; however non -YMCA members will not be given access to
the YMCA's overall facility.
3. Lino Lakes residents will be given an initial period of ninety (90) days from the
grand opening of the building to join the YMCA with all joiner fees being waived.
Further, at least twice a year during the first 5 years after the facility is operational,
the YMCA will hold "open membership" periods, during which joiner fees are
waived for Lino Lakes residents.
SJB- 259390v1
LN 140 -90
3
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4. If the YMCA enters into an agreement with another city in which membership
discounts are established, the rates in this agreement may be adjusted so that they are
no higher than rates provided other cities.
5. Lino Lakes residents will be subject to the same rules, regulations, conditions and
limitations of use as all regular YMCA members.
D. PROPERTY RIGHTS; OTHER FINANCING
The City currently owns the approximately 6.7 acre site on which the facility will be
constructed. The City will assist in providing tax - exempt financing for construction costs
above the amounts provided by the City and from YMCA equity (through contributions).
Such financing will be accomplished through issuance by the City of qualified 501(c)(3)
revenue bonds, under a structure to be agreed upon the parties. That structure may
include one of the following:
1. Lease revenue bonds (under which the City owns the facility and leases it
to the YMCA, using lease payments to secure the bonds). In this structure, the City
would transfer marketable title to the land to the YMCA without additional cost when the
bonds have been fully paid (either at maturity or earlier if the YMCA exercises its option
to purchase and pre -pays the bonds). The land will be subject to a continuing restriction
providing that title reverts to the City if the YMCA sells the land and building to a
private, for - profit corporation, becomes insolvent or bankrupt, or no longer operates the
facility as a YMCA recreational facility.
SJB- 259390v1
LN 140 -90
4
-42-
2. Conduit bonds (under which the City loans the bond proceeds to the YMCA, using
loan repayments to secure the bonds). In this structure, the City would transfer
marketable title to the land upon or before issuance of the bonds, at no cost. The title
would be subject to the same use restrictions described above.
The parties will negotiate in good faith regarding the financing structure that meets their
mutual needs and interests.
E. INDEMNIFICATION
Except for any willful misrepresentation or any willful or wanton misconduct of the
following named parties, YMCA agrees to protect and defend the City and the governing
body members, officers, agents, servants and employees thereof, now or forever, and
further agrees to hold the aforesaid harmless from any claim, demand, suit, action or
other proceeding whatsoever by any person or entity whatsoever arising or purportedly
arising from this Agreement, or the transactions contemplated hereby or the acquisition,
construction, installation, ownership, maintenance and operation of the YMCA facility.
F. PURPOSE OF AGREEMENT
This Agreement is intended to describe the general terms under which the YMCA facility
will be constructed, and the respective responsibilities of the YMCA and City. The
parties understand that the terms described in this Agreement will be incorporated in
definitive agreements (the form of which may depend on the ultimate financing
SJB- 259390v1
LN 140 -90
5
-43-
structure), and that these terms may be revised as negotiations proceed. However, this
Agreement sets forth the primary understanding under which the YMCA and City will
proceed.
SJB- 259390v1
LN 140 -90
6
- 4 4 -
IN WITNESS WHEREOF, the City has caused this Agreement to be duly
executed in its name and behalf and the YMCA has caused this Agreement to be
duly executed in its name and behalf as of the date first above written.
SJB- 259390v1
LN 140 -90
CITY OF LINO LAKES
By
Its Mayor
By
Its City Administrator
YMCA OF GREATER SAINT PAUL
By
Its
7
- 4 5 -
AGENDA ITEM 6E
STAFF ORIGINATOR: Mary Alice Divine
DATE: 02/28/05
TOPIC: Consideration of Resolution No. 05 -16 Approving a
Land Purchase, Rehbein property
Vote Required: Simple Majority
BACKGROUND:
As part of the Lake Drive improvement project, the city needs to acquire a' /2-
acre strip of property owned by Rehbein Companies just north of Outlot C on the
Village plat (see survey). This parcel will be used for realignment of the
northbound 35W ramp. This property was not included in the city's original
purchase of land from Rehbein Companies because Arctic Sandblasting had an
easement over this strip for access to its property.
The price of the parcel is $1.75 per sq. ft. for a total of $32,741. The purchase
will be covered from the proceeds of the city's sale of Outlot C to Fairview Clinic.
OPTIONS:
1. Approve Resolution 05 -16 approving the purchase of land.
2. Do not approve the purchase
3. Return to staff for further consideration
RECOMMENDATION:
Option 1
CITY OF LINO LAKES
RESOLUTION NO. 05 -16
RESOLUTION TO ACQUIRE PROPERTY FROM REHBEIN COMPANIES FOR
LAKE DRIVE IMPROVEMENT PROJECT
WHEREAS, a parcel within the City of Lino Lakes (the "City ") listed as:
That part of the Northwest Quarter of Section 17, Township 31, Range 22, Anoka
County, Minnesota, which lies southerly of the southerly right -of -way line of the
northeast ramp of Interstate Highway 35W -390, and lying northerly of the following
described line:
Beginning at a point on the easterly right -of -way line of Trunk Highway No. 8 and 66 feet
southerly from the southerly right -of way line of the Northeast Ramp of Interstate
Highway 35W -390 (said 66 feet measured at right angles from said southerly right -of-
way line): thence North 81 degrees 39 minutes 10 seconds East (assumed bearing) on a
line 66 feet from and parallel to said southerly right -of -way line and its' easterly
extension to the east line of said Northwest Quarter and there terminating;
is required by the City of Lino Lakes for the completion of Lake Drive Improvements associated
with Legacy at Woods Edge; and
WHEREAS, the Parcel will be used as right -of -way for the realignment of the northbound I -35W
ramp; and
WHEREAS, the sellers have agreed to sell the land to the City for $1.75 per sq. ft for a total of
$32,741.00.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO
LAKES, MINNESOTA:
Staff and City Attorney are hereby authorized and directed to take any and all actions
necessary or convenient to acquire the parcel and affect the intent of this resolution.
Adopted by the Council of the City of Lino Lakes this 28th day of February, 2005.
John Bergeson, Mayor
Ann Blair, City Clerk
CE ?TIFIC4TE of uvEr
FOR: GLENN REHBEIN COMPANIES
NORTH
SCALE: I " =50'
l' o
rti .9,0 O' oo�
rP.
.r , r T ♦ , �i l \ , y v f..1.2.2 .56 '<., � ..L �
1 J i < • ; ` \, \� l � \ �� 7� 7P 'fL
c o S'Iy R/W line No. 35Womp of o`' o �° 'C O�0��P:)e.:e. i : --. 0
cr c r / Access in favor of St35�- i� o �v� \�O�' 90th i
ao r sio.os
m 1� c 1 r...7.;
of1 MN along southerly line N Or? fir_— t. �rENCE
m • I NS'0r�6'50 E ; � 910.26
■ i m� ip 5 W
ow 1
I � —1 .$Ey �� m
Ir / 4te 11 I a 59 q}0.tip v Mound cast iron r-SM
I / 9Gg,M1, gG1'1L ♦� monument �;�_ • Yen+ • ' a
♦ + Easement as yeatian•. 4' I ;'N. " ' ` �0 ..
�elr ±- o . -,Rood Hdf I
�. 4 kb CO, � . � Z-
'a[1ao. .� 'AM1a. ;a • .. • •10.29
9o9S'1 �"
910.53
0
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N
Z
vn
oR
C
- U
w
911.09 1 ,
E81T `7. •�i j / •
911.39
9,163. N82a06'50eE) -TOTAL AREA
05. wit e3 ($81 .39 10 "E— 18,709± sq. ft.
Amt \\ ♦`-Set P.K. in ;_ (0.43 acres)
x11.41 bituminous
E8IT / eg9e ' fee of bi
4)4:3-- \ Prap rfij orn Y of. f
/`c c ,.,-_ .1
. •/ O , \ \
/ ?\ a ?- �\
NOTES: ,' \
�
- N.G.V.D. Vertical Datum - t, ..� \
- Bearing's shown are on assumed datum. \ /
- This survey was prepared without the benefit of title work.-- ,, / /
Easements, appurtenances, and encumbrances may exist in yf`- /
addition to those shown hereon. This survey is subject to / 60 /
/ r
909.
/ �'Oh
II :ice 1� 296.68
296.
/ 2�
/
/
/ I _ -•
revision upon receipt of o title insurance commitment or
attorneys title opinion.
- Boundary survey performed in field on 02/15/05.
PROPERTY DESCRIPTION
That part of the Northwest Quarter of Section 17, Township 31, Range
22, Anoka County, Minnesota, which lies southerly of the southerly
right —of —way line of the northeast ramp of Interstate Highway No.
35W -390, and lying northerly of the following described line:
Beginning at a point on the easterly right —of —way line of Trunk
Highway No. 8 and 66 feet southerly from the southerly
right —of —way line of the Northeast Ramp of Interstate Highway
35W -390 (said 66 feet measured at right angles from said southerly
right —of —way line); thence North 81 degrees 39 minutes 10 seconds
East (assumed bearing) on a line 66 feet from and parallel to said
southerly right —of —way line and its' easterly extension to the east
line of said Northwest Quarter and there terminating.
Note: Legal description per inspection of doc. no. 367895 which
easement document, not a deed. Description to be verified with
titlework.
I hereby certify that this survey, plan
or report was prepared by me or under
my direct supervision and that 1 am
a duly Registered Land Surveyor under
the laws of the State of Minnesota.
Date:
Reg. No. 41578
LEGEND
• DENOTES IRON MONUMENT FOUND
O DENOTES IRON MONUMENT SET
qo.> DENOTES UTILITY POLE
Cif DENOTES TELEPHONE BOX
is an —GW--, DENOTES GUY WIRE
x
- 4 8 -
DENOTES EXISTING FENCE
DENOTES GRAVEL
DENOTES BITUMINOUS
KG. RUC) 4 BONS, INC.
LAND ewQvtYORS
9180 LEXINGTON AVE. NE
CIRCLE PINES, MN 551214
TEL (163) 186 -5566 FAX. (1b3) 186 -6001
STAFF ORIGINATOR:
CITY COUNCIL
MEETING DATE:
TOPIC:
ACTION REQUIRED:
BACKGROUND
AGENDA ITEM 6F
Michael Grochala
February 28, 2005
Consideration of Resolution No. 05 -17
Approving Joint Powers Agreement with Anoka
County for the I -35E Corridor AUAR
Simple Majority
In October of 2004 the City Council authorized the commencement of the I -35E Corridor
AUAR. Recognizing the importance of addressing growing transportation needs, within
the study area, Anoka County agreed to participate financially in the transportation
component of the study. The attached Joint Powers Agreement (JPA) provides for
county cost sharing of the transportation element in the amount of $45,000 ,
representing 50% of the estimated cost.
RECOMMENDATION
Staff is recommending approval of the JPA with Anoka County.
ATTACHMENTS
1. Resolution No. 05 -17
2. Joint Powers Agreement
City Council
JPA Anoka County
February 28, 2005
CITY OF LINO LAKES
RESOLUTION NO. 05 -17
RESOLUTION APPROVING JOINT POWERS AGREEMENT
WITH COUNTY OF ANOKA FOR THE
I -35E CORRIDOR AUAR
WHEREAS, Minnesota Statutes, Section 471.59, authorizes political subdivisions to
enter into Joint Powers Agreements, and
WHEREAS, the City of Lino Lakes and the County of Anoka desire to work together in
addressing transportation issues within the context of an Alternative Urban Areawide
Review (AUAR) for the I -35E Corridor; and
WHEREAS, the City and County agree that it is in their best interest that the cost of
transportation issues of said AUAR be shared;
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LINO LAKES, MINNESOTA:
1. that the City Council hereby approves the Joint Powers Agreement with the
County of Anoka for the I -35E Corridor AUAR and authorizes the Mayor and City
Clerk to execute said Agreement on behalf of the city.
Adopted by the Lino Lakes City Council this 28th day of February, 2005.
ATTEST:
Ann Blair, City Clerk
7
- 5 0 -
John J. Bergeson, Mayor
City Council
JPA Anoka County
February 28, 2005
JOINT POWERS AGREEMENT
FOR EAST LINO LAKES AUAR
This agreement is made and entered into this day of 2005 by and between the County
of Anoka, a political subdivision of the State of Minnesota, 2100 Third Avenue, Anoka,
Minnesota 55303, hereinafter referred to as the "County ", and the City of Lino Lakes, 600 Town
Center Parkway, Lino Lakes, Minnesota 55014, hereinafter to as "City ".
WHEREAS, the parties to this agreement desire to jointly work together in addressing
transportation issues within the context of an Alternative Urban Areawide Review (AUAR) in
the area depicted in Exhibit A, attached hereto, generally described as the area south of the north
border of the City, west of the east border of the City /County, north of CSAH 10, and east of the
Rice Creek Chain of Lakes Park within the City of Lino Lakes.
WHEREAS, the parties agree that it is in their best interest that the cost of transportation issues
of said AUAR be shared; and,
WHEREAS, said work will be carried out in accordance with the provisions of Minn. State.
§471.59;
NOW, THEREFORE, it is mutually stipulated and agreed:
Purpose
The County and City have joined together for the purpose of addressing transportation issues
within the area depicted in Exhibit A, attached hereto, within the City of Lino Lakes.
Method
The County and City will cooperate to develop conceptual designs and alternatives, short-term,
mid -term, and long -range plans for transportation improvements within the area depicted in
Exhibit A, attached hereto.
Costs
A. The contract cost of the work shall constitute the actual costs and shall be so referred to
herein. "Estimated costs" are good faith projections of the costs, which will be incurred
for this project. The estimated cost is $90,000.
B. The County shall pay up to one -half of the total amount of the AUAR transportation -
related costs paid by Lino Lakes, not to exceed $45,000 of the actual costs.
C. Lino Lakes shall pay up to $45,000 of the actual costs.
3
- 5 1 -
City Council
JPA Anoka County
February 28, 2005
D. Upon completion of 50% of the work on the transportation- related portion of the AUAR,
the City shall bill the County for one -half of the estimated cost of the project to that point in
time, not to exceed $22,500 based on the actual consultant contract awarded. Upon
completion of the transportation- related issues of the AUAR, the City shall bill the County
for the remaining one -half of the estimated cost of the plan, not to exceed $22,500, based on
the actual consultant contract awarded. Total billing of the County by City will not exceed
$45,000 in accordance with item B, above. County agrees to submit payment to City within
sixty (60) days of receipt of each bill.
TERM
This agreement shall continue until terminated as provided hereinafter.
DISBURSMENT OF FUNDS
All funds disbursed by each party pursuant to this Agreement shall be disbursed by each
entity pursuant to the method provided by law.
VI. CONTRACTS AND PURCHASES
All contracts and purchases made pursuant to this Agreement shall be disbursed by City
in conformance to the State Laws.
STRICT ACCOUNTABILITY
A strict accounting shall be made of all funds and reports of all receipts and
disbursements shall be made upon request by any party.
TERMINATION
This agreement may be terminated by any of the parties at any time, with or without
cause, upon not less than thirty (30) days written notice delivered by mail or in person to the
other parties. If notice is delivered by mail, it shall be deemed to be received two (2) days after
mailing. Such termination shall not be effective with respect to any solicitation of bids or any
purchases of services or goods which occurred prior to such notice of termination. Each party
shall pay its pro rata share of costs which City incurred prior to such notice of termination.
IX. AFFIRMATIVE ACTION
In accordance with the County's Affirmative Action Policy and the County
Commissioners' policies against discrimination, no person shall illegally be excluded from full -
time employment rights in, be denied the benefits of, or be otherwise subjected to discrimination
in the program which is the subject of this Agreement of the basis of race, creed, color, sex,
marital status, public assistance status, age, disability or national origin.
X. NOTICE
4
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City Council
JPA Anoka County
February 28, 2005
For purposes of delivery of any notices hereunder, the notice shall be effective if
delivered to the County Administrator of Anoka County, 2100 Third Avenues, Anoka,
Minnesota 55303, on behalf of the County and City Administrator of Lino Lakes, 600 Town
Center Parkway, Lino Lakes, Minnesota 55014.
XI. INDEMNIFICATION
All parties mutually agree to indemnify and hold harmless each other from any claims,
losses, costs, expenses, or damages resulting from the acts or omissions of the respective officer
agents, or employees relating to activities conducted by any party under this Agreement.
XII. ENTIRE AGREEMENT REQUIREMENT OF A WRITING
It is understood and agreed that the entire agreement of the parties is contained herein and
that this Agreement supersedes all oral agreements and all negotiations between the parties
relating to the subject matter thereof, as well as any previous agreement presently in effect
between the parties to the subject matter thereof. Any alternations, variations, or modifications
of the provisions of this agreement shall be valid only when they have been reduced to writing
and duly signed by the parties.
5
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City Council
JPA Anoka County
February 28, 2005
IN WITNESS WHEREOF, the parties of this Agreement have hereunto set their hands on the
dates written below:
COUNTY OF ANOKA CITY OF LINO LAKES
By: By:
Margaret Langfeld, Chair Name
Anoka County Board Title
of Commissioners
Dated:
ATTEST:
By:
John "Jay" McLinden
Anoka County Administrator
Dated:
By:
Name
Title
Dated: Dated:
RECOMMENDED FOR APPROVAL:
By: By:
Douglas W. Fischer, P.E. Name
Anoka County Engineer Title
APPROVED AS TO FORM AND EXECUTION:
6
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City Council
JPA Anoka County
February 28, 2005
By: By:
Dan Klint
Name
Assistant Anoka County Attorney Title
City Council
JPA Anoka County
February 28, 2005
EXHIBIT A
14
Columbus Twp.
AUAR Boundary Map
0 e n t e ry i 11 e
.36E
8
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AGENDA ITEM 6G
STAFF ORIGINATOR: James E. Studenski, City Engineer
COUNCIL MEETING DATE: February 28, 2005
TOPIC: Resolution No. 05 -18, Authorizing Advertisement for Bids for Well
Construction of Well No. 5.
VOTE REQUIRED: Simple Majority
BACKGROUND:
In accordance with the Water System Comprehensive Plan, construction of Well
No. 5 was recommended to accommodate the City's water demand. The
location of this well has been determined at Captain's Place within the Lakes
Addition area.
The well construction will be bid as a separate item from the pumphouse
structure to keep the project moving forward. This is standard practice in
construction of a new well. The total estimated project cost for the well design
and construction is $210,000.00. Staff is currently working on the pumphouse
structure design and costs will be presented through that process.
The City proposes to use Trunk Area & Unit funds for all costs of this
improvement.
OPTIONS:
1. Adopt Resolution No. 05 -18, Authorizing the Advertisement of Bids for Well
Construction of Well No. 5.
2. Return to staff for further review.
RECOMMENDATION:
Option No. 1 - Staff recommends that Resolution No. 05 -18 be adopted.
CITY OF LINO LAKES
RESOLUTION NO. 05 -18
RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR WELL
CONSTRUCTION OF WELL NO. 5.
WHEREAS, pursuant to the Council adopting the Comprehensive Water System Plan
on April 26, 2004, with reference to the first phases of improvement by constructing Well
No. 5; and
WHEREAS, the report provides information showing the proposed project is necessary,
cost - effective, and feasible; and
WHEREAS, the City's Engineer, TKDA, shall perform such services; and
WHEREAS, the City proposes to use Trunk Area & Unit funds for all of the cost of the
improvements,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LINO LAKES, MINNESOTA:
1. The City Engineer is designated as the engineer for this improvement and he is
directed to authorize advertisement of bids for well construction of Well No. 5.
Adopted by the Lino Lakes City Council this 28th day of February, 2005.
John J. Bergeson, Mayor
Ann Blair, City Clerk
AGENDA ITEM 6H
STAFF ORIGINATOR: James E. Studenski, City Engineer
COUNCIL MEETING DATE: February 28, 2005
TOPIC: Resolution No. 05 -19, Authorizing Preparation of Plans and
Specifications for 2005 Sealcoat Project
Vote Required: Simple Majority
BACKGROUND:
City Staff has produced a Pavement Management Report to provide optimal
maintenance of City streets to extend their useful life. Sealcoating is a
maintenance activity that places a thin layer of oil and rock on the street to
enhance the surface and prolong the useful life of the street. A nationally
accepted asset management software known as CarteGraph was used to
analyze the current condition of City streets and recommend segments that met
sealcoating criteria. Candidate streets are broken down into two separate
categories. One group includes new streets that received the wear course
approximately 5 — 7 years ago. All other streets were selected based on
recommendations from the Pavement Management Report, Public Works input,
and feasibility of locations. This year, approximately 5 miles of streets are
estimated to be sealcoated.
The schedule for this project is as follows:
City Council Authorizes Plans and Specifications
City Council Approves Plans and Specifications
City Council Authorizes Ad for Bids
Open Bids
City Council Awards Contract
Construction Begins
February 28, 2005
March 14, 2005
March 14, 2005
April, 2005
May, 2005
June, 2005
OPTIONS:
1. Return to staff for further review.
2. Adopt Resolution Number 05 -19, authorizing the preparation of plans and
specifications for the 2005 Sealcoat project.
3. Not adopt Resolution Number 05 -19.
RECOMMENDATION:
Option No. 2 - Staff recommends that Resolution Number 05 -19 be adopted.
CITY OF LINO LAKES
RESOLUTION NO. 05 -19
RESOLUTION AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR
THE 2005 SEALCOAT PROJECT.
WHEREAS, it is proposed to perform maintenance activities on several city streets, and
WHEREAS, it is proposed to finance the project using the 2005 budget allocated for street
repair and Sealcoating Funds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO
LAKES, MINNESOTA:
1. The City Engineer is designated as the engineer for this improvement and he is directed to
prepare plans and specifications for the 2005 Sealcoat project.
Adopted by the Lino Lakes City Council this 28th day of February, 2005.
John J. Bergeson, Mayor
Ann J. Blair, City Clerk
AGENDA ITEM 61
STAFF ORIGINATOR: James E. Studenski, City Engineer
COUNCIL MEETING DATE: February 28, 2005
TOPIC: Resolution No. 05 -20, Authorizing Preparation of Plans and
Specifications for 2005 Overlay Project
Vote Required: Simple Majority
BACKGROUND:
City Staff has produced a Pavement Management Report to provide optimal
maintenance of City streets to extend their useful life. Overlaying is a
maintenance activity that includes patching of the existing street, followed by the
placement of a bituminous wearing course over the entire surface. A nationally
accepted asset management software known as Cartegraph was used to
analyze the current conditions of City streets and recommend segments that met
overlaying criteria. Streets were selected for overlays based on this analysis,
Public Works input, and feasibility of locations.
The schedule for this project is as follows:
City Council Authorizes Plans and Specifications
City Council Approves Plans and Specifications
City Council Authorizes Ad for Bids
Open Bids
City Council Awards Contract
Construction Begins
February 28, 2005
March 14, 2005
March 14, 2005
April, 2005
May, 2005
June, 2005
OPTIONS:
1. Return to staff for further review.
2. Adopt Resolution Number 05 -20, authorizing the preparation of plans and
specifications for the 2005 Wearing Course Project.
3. Not adopt Resolution Number 05 -20.
RECOMMENDATION:
Option No. 2 - Staff recommends that Resolution Number 05 -20 be adopted.
CITY OF LINO LAKES
RESOLUTION NO. 05 -20
RESOLUTION AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR
THE 2005 OVERLAY.
WHEREAS, it is proposed to patch the existing street, and place a bituminous wearing course
over the entire surface on recommended roads;
WHEREAS, it is proposed to finance the project using the 2005 budget allocated for street
repair.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO
LAKES, MINNESOTA:
1. The City Engineer is designated as the engineer for this improvement and he is directed to
prepare plans and specifications for the 2005 Overlay Project.
Adopted by the Lino Lakes City Council this 28th day of February, 2005.
John J. Bergeson, Mayor
Ann J. Blair, City Clerk
AGENDA ITEM 6J
STAFF ORIGINATOR: James E. Studenski, City Engineer
COUNCIL MEETING DATE: February 28, 2005
TOPIC: Resolution No. 05 -21, Approving Change Order No. 1 and Final Payment,
62nd Street Reconstruction
VOTE REQUIRED: 3/5 Vote Required
BACKGROUND:
The contractor for the 62nd Street Reconstruction project, Arnt Construction Company is
requesting City approval of Payment No. 6 (final) in the amount of $76,293.70. A copy
of the final payment is attached. The contractor has satisfactorily completed all work
and has provided all necessary documentation.
The original contract amount was $930,219.38 and the final contract amount is
$957,296.85. Also included within the request for final payment is Change Order No. 1,
which is a compensating change order in the amount of $27,077.47. Wet conditions
encountered for this project created the need for increased quantities of muck
excavation and Class V aggregate. With this Change Order, the final contract amount
is still $175,779.40 below the Engineer's Estimate of $1,133,076.20.
Approval of the final payment will begin the one -year warranty period.
OPTIONS:
1. Return to staff for further review.
2. Approve Resolution 05 -21 Approving Change Order No. 1 and Payment No. 6 (final)
for the 62nd Street Reconstruction project.
RECOMMENDATION:
Option No. 2 - Staff recommends that Resolution 05 -21 be approved.
CITY OF LINO LAKES
RESOLUTION NO. 05 -21
RESOLUTION APPROVING CHANGE ORDER NO. 1 AND FINAL PAYMENT FOR
THE 62ND STREET RECONSTRUCTION PROJECT
WHEREAS, the construction of the 62 Street Reconstruction project, including Change
Order No. 1 has been completed by Arnt Construction Company and;
WHEREAS, the one -year warranty period for this project will begin with the final
payment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LINO LAKES, MINNESOTA:
Change Order No. 1 in the amount of $27,077.47 and Payment No. 6 (final) in
the amount of $76,293.70 is approved for a total contract amount of
$957,296.85.
Adopted by the City Council this 28th day of February, 2005.
John J. Bergeson, Mayor
Ann J. Blair, City Clerk
TKDA
ENGINEERS • ARCHITECTS • PLANNERS
1500 Piper Jaffray Plaza
444 Cedar Street
Saint Paul, MN 55101 -2140
(651) 292 -4400
(651) 292 -0083 Fax
www.tkda.com
Comm. No. 12510 -02 Cert. No. 6 (FINAL) St. Paul, MN, February 2 , 20 05
To City of Lino Lakes Minnesota
This Certifies that Arnt Construction Company , Contractor
For 62nd Street Reconstruction
Is entitled to Seventy -Six Thousand Two Hundred Ninety -Three Dollars and 70/100 ($ 76,293.70 )
FINAL
being 6th estimate for partial payment on contract with you dated April 12 2004
Received payment in full of above Certificate. TKDA
Owner
Arnt Construction Company
, 20
Scott • : rink, P.E.
RECAPITULATION OF ACCOUNT
An Employee Owned Company Pr - 6 5 - firmative Action and Equal Opportunity
CONTRACT
PLUS EXTRAS
PAYMENTS
CREDITS
Contract price plus extras
$
930,219.38
All previous payments
$
881,003.15
All previous credits
Extra No.
II II
II II
11 11
Credit No.
$ -
Compensating Change Order No. 1
$
27,077.47
It 11
AMOUNT OF THIS CER 11NCATE
$
76,293.70
Totals
$
957,296.85
$
957,296.85
$ -
Credit Balance
There will remain unpaid on contract after
payment of this Certificate
$
-
$
957,296.85
$
957,296.85 1
$ _
An Employee Owned Company Pr - 6 5 - firmative Action and Equal Opportunity
TKDA
Engineers - Architects- Planners Saint Paul, Minnesota 55101
PERIODICAL ESTIMATE FOR PARTIAL PAYMENTS
Estimate No. 6 (FINAL) Period Ending December 31 , 20 04 Page 1 of 1 Comm. No. 12510 -02
Contractor Arnt Construction Company Original Contract Amount $930,219.38
Project 62nd Street Reconstruction
Location City of Lino Lakes, Minnesota
Total Contract Work Completed
Total Approved Credits
Total Approved Extra Work Completed
Approved Extra Orders Amount Completed
Total Amount Earned This Estimate
Less Approved Credits
Less 0 % Retained
Less Previous Payments
Total Deductions
Amount Due This Estimate
Contractor
Engineer
$ 957,296.85
$ 0.00
0.00
$ 0.00
$ 957,296.85
$ 0.00
$ 0.00
$ 881,003.15
881,003.15
$ 76,293.70
Date 2
Date February 2, 2005
ESTIMATE NO. 6 (FINAL)
62ND STREET RECONSTRUCTION
CITY OF LINO LAKES, MINNESOTA
TKDA COMMISSION NO. 12510 -02
PERIOD ENDING: January 31, 2005
ITEM MN /DOT CONTRACT QUANTITY UNIT AMOUNT
NO. NO. DESCRIPTION UNIT QUANTITY TO DATE PRICE TO DATE
62ND STREET RECONSTRUCTION
1 2021.501 MOBILIZATION LS 1 1.0 $ 36,000.00 $ 36,000.00
2 2101.502 CLEARING TR 260 205.0 $ 40.00 $ 8,200.00
3 2101.507 GRUBBING TR 260 205.0 $ 22.00 $ 4,510.00
4 2104.501 REMOVE PIPE (CULVERT OR STORM SEWER) LF 331 331.0 $ 11.00 $ 3,641.00
5 2104.501 REMOVE CURB & GUTTER (ALL TYPES) LF 788 24.0 $ 2.00 $ 48.00
6 2104.501 REMOVE FENCE LF 1,061 603.0 $ 1.00 $ 603.00
7 2104.501 REMOVE WATERMAIN LF 5 - $ 20.00 $
8 2104.503 REMOVE CONCRETE PAVEMENT (DRIVEWAY) SF 220 238.0 $ 1.00 $ 238.00
9 2104.505 REMOVE BITUMINOUS SURFACING SY 13,706 13,706.0 $ 1.00 $ 13,706.00
10 2104.509 REMOVE SIGN TYPE C EA 1 1.0 $ 45.00 $ 45.00
11 2104.511 SAWCUT CONCRETE PAVEMENT (FULL DEPTH) LF 50 33.0 $ 3.00 $ 99.00
12 2104.513 SAWCUT BITUMINOUS PAVEMENT (FULL DEPTH) LF 430 136.0 $ 1.00 $ 136.00
13 2104.523 SALVAGE MAIL BOX SUPPORT EA 9 9.0 $ 50.00 $ 450.00
14 2104.523 SALVAGE SIGN EA 8 8.0 $ 25.00 $ 200.00
15 2104.523 SALVAGE GATE VALVE & BOX EA 1 1.0 $ 450.00 $ 450.00
16 2105.501 COMMON EXCAVATION CY 3,562 3,562.0 $ 9.36 $ 33,340.32
17 2105.505 MUCK EXCAVATION CY 5,574 8,396.0 $ 5.98 $ 50,208.08
18 2105.507 SUBGRADE EXCAVATION CY 2,000 1,243.0 $ 5.98 $ 7,433.14
19 2105.511 DITCH EXCAVATION CY 205 205.0 $ 7.40 $ 1,517.00
20 2105.522 SELECT GRANULAR BORROW (CV) (P) CY 11,530 11,530.0 $ 12.60 $ 145,278.00
21 2105.525 TOPSOIL BORROW (LV) CY 2,503 - $ 0.01 $
22 2105.603 CRUSHED ROCK 6" DEPTH (TRENCH STABILIZING) LF 3,000 1,924.0 $ 2.80 $ 5,387.20
23 2105.604 GEOTEXTILE FABRIC TYPE IV SY 855 3,860.0 $ 1.40 $ 5,404.00
24 2123.61 EXPLORATORY DIGGING HR 10 - $ 300.00 $ -
25 2211.501 AGGREGATE BASE CLASS 5 FOR STREET, TRAIL, & DRIVEWAY
(100% CRUSHED) TN 10,669 12,502.5 $ 10.52 $ 131,526.19
26 2350.501 TYPE LV AGG. 3 WEARING COURSE (B) (STREET) TN 1,661 1,449.64 $ 31.00 $ 44,938.84
27 2350.501 TYPE LV AGG. 4 WEARING COURSE FOR TRAIL (B) TN 411 528.22 $ 37.00 $ 19,544.14
28 2350.502 TYPE LV AGG. 3 NON - WEARING COURSE (B) (STREET) TN 1,622 1,518.61 $ 30.00 $ 45,558.30
29 2350.503 TYPE LV AGG. 4 WEARING COURSE 2" THICK FOR DRIVEWAYS
(B) SY 215 425.00 $ 12.00 $ 5,100.00
30 2357.502 BITUMINOUS MATERIAL FOR TACK COAT GAL 664 675.0 $ 1.40 $ 945.00
31 2501.515 12" RC PIPE APRON W/ TRASH GUARD EA 1 1.0 $ 700.00 $ 700.00
32 2501.515 15" RC PIPE APRON W/ TRASH GUARD EA 14 14.0 $ 745.00 $ 10,430.00
33 2501.515 18" RC PIPE APRON W/ TRASH GUARD EA 1 1.0 $ 810.00 $ 810.00
34 2501.515 24" RC PIPE APRON W/ TRASH GUARD EA 2 2.0 $ 960.00 $ 1,920.00
35 2502.541 12" RC PIPE SEWER CLASS V DESIGN 3006 LF 195 191.0 $ 19.00 $ 3,629.00
36 2503.541 15" RC PIPE SEWER CLASS V DESIGN 3006 LF 1,129 1,052.0 $ 20.50 $ 21,566.00
37 2503.541 18" RC PIPE SEWER CLASS V DESIGN 3006 LF 392 409.0 $ 23.00 $ 9,407.00
38 2503.541 24" RC PIPE SEWER CLASS III DESIGN 3006 LF 71 70.0 $ 29.50 $ 2,065.00
39 2503.602 CONNECT TO EXISTING MANHOLES (SANITARY SEWER) EA 4 4.0 $ 1,850.00 $ 7,400.00
40 2503.602 CONNECT TO EXISTING MANHOLES (STORM SEWER) EA 2 2.0 $ 1,075.00 $ 2,150.00
41 2503.602 8 "X4" PVC WYE (SCHEDULE 40) EA 12 13.0 $ 70.00 $ 910.00
42 2503.602 8" PVC, SDR 35 PIPE SEWER (0' -8' DEPTH) LF 384 551.0 $ 14.50 $ 7,989.50
43 2503.603 8" PVC, SDR 35 PIPE SEWER (12' -14' DEPTH) LF 184 150.0 $ 17.50 $ 2,625.00
44 2503.603 8" PVC, SDR 35 PIPE SEWER (14' -16' DEPTH) LF 408 190.0 $ 19.50 $ 3,705.00
45 2503.603 8" PVC, SDR 35 PIPE SEWER (16' -18' DEPTH) LF 274 490.0 $ 21.50 $ 10,535.00
46 2503.603 4" SANITARY SERVICE PIPE (SCHEDULE 40) LF 429 531.0 $ 11.00 $ 5,841.00
47 2503.603 TELEVISE SANITARY SEWER MAINS LF 1,255 1,381.0 $ 1.20 $ 1,657.20
48 2504.601 LOWER WATERMAIN LS 1 1.0 $ 3,520.00 $ 3,520.00
49 2504.602 ADJUST VALVE BOX EA 6 6.0 $ 235.00 $ 1,410.00
50 2504.602 CONNECT TO EXISTING WATERMAIN EA 2 2.0 $ 1,900.00 $ 3,800.00
51 2504.602 RELOCATE HYDRANT AND VALVE EA 1 1.0 $ 1,200.00 $ 1,200.00
52 2504.602 HYDRANT EA 4 4.0 $ 1,610.00 $ 6,440.00
53 2504.602 6" GATE VALVE & BOX EA 4 4.0 $ 560.00 $ 2,240.00
54 2504.602 12" GATE VALVE & BOX EA 3 3.0 $ 1,290.00 $ 3,870.00
55 2504.602 1" CURB STOP & BOX EA 12 12.0 $ 95.00 $ 1,140.00
56 2504.602 1" CORPORATION STOP EA 12 12.0 $ 47.00 $ 564.00
57 2504.603 6" WATERMAIN DUCTILE IRON CL 52 LF 123 128.0 $ 15.40 $ 1,971.20
58 2504.603 8" WATERMAIN DUCTILE IRON CL 52 LF 15 - $ 20.00 $
59 2504.603 12" WATERMAIN DUCTILE IRON CL52 LF 2,557 2,628.0 $ 25.50 $ 67,014.00
60 2504.603 1" TYPE K COPPER PIPE
- 6 7 - LF 529 561.0 $ 11.70 $ 6,563.70
ESTIMATE NO. 6 (FINAL)
62ND STREET RECONSTRUCTION
CITY OF LINO LAKES, MINNESOTA
TKDA COMMISSION NO. 12510 -02
ITEM MN /DOT
NO. NO.
61 2504.605
62 2504.604
63 2506.502
64 2506.502
65 2506.502
66 2506.502
67 2506.502
68 2506.502
69 2506.502
70 2506.522
71 2506.602
72 2506.602
73 2506.603
74 2511.501
75 2531.501
76 2531.501
77 2531.507
78 2540.602
79 2540.602
80 2557.501
81 2563.601
82 2564.531
83 2564.536
84 2564.603
85 2564.603
86 2564.603
87 2573.502
88 2573.602
89 2575.505
90 2575.604
91 2575.605
DESCRIPTION
INSULATION (4" THICKNESS)
DUCTILE IRON FITTINGS
CONSTRUCT CATCH BASIN -TYPE 402
CONSTRUCT CATCH BASIN - TYPE 404
CONSTRUCT 48" DIAMETER CATCH BASIN MANHOLE -TYPE 406
CONSTRUCT 60" DIAMETER CATCH BASIN MANHOLE -TYPE 406
CONSTRUCT 48" DIAMETER MANHOLE - TYPE 409
CONSTRUCT 96" DIAMETER CATCH BASIN MANHOLE -TYPE ST
CONSTRUCT 60" DIAMETER STORM SEWER MANHOLE -TYPE SK
ADJUST EXISTING FRAME AND RING CASTING
RECONSTRUCT EXISTING MANHOLE
CONSTRUCT SANITARY MANHOLE (4' DIA. - TYPE 301)
CONSTRUCT SANITARY MANHOLE EXTRA DEPTH (> 8' DEPTH)
RANDOM RIPRAP CLASS III
CONCRETE CURB AND GUTTER DESIGN B418
CONCRETE CURB AND GUTTER DESIGN B418 W/O BACK
6" CONCRETE DRIVEWAY PAVEMENT
INSTALL MAIL BOX SUPPORT
MAIL BOX SUPPORT
BARBED WIRE FENCE
TRAFFIC CONTROL
SIGN PANELS TYPE C (INCLUDING POSTS & ASSEMBLY)
INSTALL SIGN (INCL. POST & ASSEMBLY)
PVMT MARK. 24" STOP LINE WHITE -POLY PREFORMED
PVMT MARK. 4" DOUBLE SOLID LINE YELLOW -PAINT
PVMT MARK. 4" SOLID LINE YELLOW -PAINT
SILT FENCE, TYPE PREASSEMBLED
INLET PROTECTION
SODDING TYPE SALT RESISTANT
EROSION CONTROL BLANKET
SEEDING (INCL. SEED MIX 50B OR 60B, FERTILIZER, MULCH &
DISC ANCHORING)
TOTAL ESTIMATE NO. 6 (FINAL)
PERIOD ENDING: January 3l, 2005
CONTRACT QUANTITY UNIT
UNIT QUANTITY TO DATE PRICE
SY 47 215.36 $ 21.00
LB 1,375 1,022.0 $ 3.20
EA 9 8.0 $ 1,200.00
EA 3 5.0 $ 1,180.00
EA 8 6.0 $ 1,480.00
EA 1 2.0 $ 2,245.00
EA 2 - $ 1,410.00
EA 4 4.0 $ 6,100.00
EA 1 3.0 $ 2,170.00
EA 4 4.0 $ 235.00
EA 1 1.0 $ 900.00
EA 4 4.0 $ 1,550.00
LF 12 12.0 $ 100.00
CY 46 23.0 $ 94.00
LF 6,763 6,837.0 $ 7.40
LF 1,150 1,150.0 $ 7.40
SY 41 48.8 $ 38.50
EA 9 9.0 $ 75.00
EA 5 $ 110.00
LF 420 603.0 $ 2.80
LS 1 1.0 $ 2,500.00
SF 49 49.0 $ 22.80
EA 13 13.0 $ 125.00
LF 64 62.0 $ 22.00
LF 1,966 1,852.0 $ 0.40
LF 430 397.0 $ 0.14
LF 8,353 2,650.0 $ 0.01
EA 12 - $ 70.00
SY 15,160 13,815.0 $ 3.20
SY 380 1,800.0 $ 2.00
AMOUNT
TO DATE
$ 4,522.56
$ 3,270.40
$ 9,600.00
$ 5,900.00
$ 8,880.00
$ 4,490.00
$ 24,400.00
$ 6,510.00
$ 940.00
$ 900.00
$ 6,200.00
$ 1,200.00
$ 2,162.00
$ 50,593.80
$ 8,510.00
$ 1,878.80
$ 675.00
$ 1,688.40
$ 2,500.00
$ 1,117.20
$ 1,625.00
$ 1,364.00
$ 740.80
$ 55.58
$ 26.50
$ 3,600.00
44,208.00
ACRE 1.5 3.0 $ 720.00 $ 2,160.00
$ 957,296.85
Saint Paul, MN February 2
To Arnt Construction Company, Inc.
for 62nd Street Reconstruction
CHANGE ORDER
TKDA
Engineers - Architects- Planners
Compensating
20 05 Comm. No. 12510 -02 Change Order No.
1
for City of Lino Lakes, Minnesota
You are hereby directed to make the following change
April 12 , 20 04 . The change and the work affected thereby is
covenants. This Change Order will (increase) (decr use) (fie) the contract sum
Twenty -Seven Thousand Seventy -Seven Dollars and 47/100
COMPENSATING CHANGE ORDER
to your contract dated
subject to all contract stipulations and
by
($ 27,077.47 ).
This change order shows the actual quantities installed at the unit price bid amounts (see attached itemization):
NET CHANGE =
Amount of Original Contract
Additions approved to date (Nos.
Deductions approved to date (Nos.
Contract amount to date
Amount of this Change Order (Add) (De Eleet) (No- Change)
Revised Contract Amount
Approved
City of Lino Lakes, Minnesota
By
Approved
By
$ 27,077.47
930,219.38
930,219.38
27,077.47
957,296.85
TKDA
Arnt Construction Co., Inc.
White - Owner
Pink - Contractor
Blue - TKDA
-
COMPENSATING CHANGE ORDER NO. 1
62ND STREET RECONSTRUCTION
CITY OF LINO LAKES, MINNESOTA
TKDA COMMISSION NO. 12510 -02
PERIOD ENDING: January 31, 2005
ITEM MN /DOT CONTRACT QUANTITY UNIT AMOUNT NET CONTRACT
NO. NO. DESCRIPTION UNIT QUANTITY TO DATE PRICE TO DATE CHANGE AMOUNT
62ND STREET RECONSTRUCTION
1 2021.501 MOBILIZATION LS 1 1.0 $ 36,000.00 $ 36,000.00 $ $ 36,000.00
2 2101.502 CLEARING TR 260 205.0 $ 40.00 $ 8,200.00 $ (2,200.00) $ 10400.00
3 2101.507 GRUBBING TR 260 205.0 $ 22.00 $ 4,510.00 $ (1,210.00) $ 5,720.00
4 2104.501 REMOVE PIPE (CULVERT OR STORM SEWER) LF 331 331.0 $ 11.00 $ 3,641.00 $ $ 3,641.00
5 2104.501 REMOVE CURB & GUTTER (ALL TYPES) LF 788 24.0 $ 2.00 $ 48.00 $ (1,528.00) $ 1,576.00
6 2104.501 REMOVE FENCE LF 1,061 603.0 $ 1.00 $ 603.00 $ (458.00) $ 1,061.00
7 2104.501 REMOVE WATERMAIN LF 5 - $ 20.00 $ $ (100.00) $ 100.00
8 2104.503 REMOVE CONCRETE PAVEMENT (DRIVEWAY) SF 220 238.0 $ 1.00 $ 238.00 $ 18.00 $ 220.00
9 2104.505 REMOVE BITUMINOUS SURFACING SY 13,706 13,706.0 $ 1.00 $ 13,706.00 $ $ 13,706.00
10 2104.509 REMOVE SIGN TYPE C EA 1 1.0 $ 45.00 $ 45.00 $ $ 45.00
11 2104.511 SAWCUT CONCRETE PAVEMENT (FULL DEPTH) LF 50 33.0 $ 31.00 $ 99.00 $ (51.00) $ 150.00
12 2104.513 SAWCUT BITUMINOUS PAVEMENT (FULL DEPTH) LF 430 136.0 $ 1.00 $ 136.00 $ (294.00) $ 430.00
13 2104.523 SALVAGE MAIL BOX SUPPORT EA 9 9.0 $ 50.00 $ 450.00 $ - $ 450.00
14 2104.523 SALVAGE SIGN EA 8 8.0 $ 25.00 $ 200.00 $ $ 200.00
15 2104.523 SALVAGE GATE VALVE & BOX EA 1 1.0 $ 450.00 $ 450.00 $ - $ 450.00
16 2105.501 COMMON EXCAVATION CY 3,562 3,562.0 $ 9.36 $ 33,340.32 $ 33,340.32
17 2105.505 MUCK EXCAVATION CY 5,574 8,396.0 $ 5.98 $ 50,208.08 $ 16,875.56 $ 33,332.52
18 2105.507 SUBGRADE EXCAVATION CY 2,000 1,243.0 $ 5.98 $ 7,433.14 $ (4,526.86) $ 11,960.00
19 2105.511 DITCH EXCAVATION CY 205 205.0 $ 7.40 $ 1,517.00 $ - $ 1,517.00
20 2105.522 SELECT GRANULAR BORROW (CV) (P) CY 11,530 11,530.0 $ 12.60 $ 145,278.00 $ $ 145,278.00
21 2105.525 TOPSOIL BORROW (LV) CY 2,503 - $ 0.01 $ - $ (25.03) $ 25.03
22 2105.603 CRUSHED ROCK 6" DEPTH (TRENCH STABILIZING) LF 3,000 1,924.0 $ 2.80 $ 5,387.20 $ (3,012.80) $ 8,400.00
23 2105.604 GEOTEXTILE FABRIC TYPE IV SY 855 3,860.0 $ 1.40 $ 5,404.00 $ 4,207.00 $ 1,197.00
24 2123.61 EXPLORATORY DIGGING HR 10 $ 300.00 $ - $ (3,000.00) $ 3,000.00
25 2211.501 AGGREGATE BASE CLASS 5 FOR STREET, TRAIL, & DRIVEWAY
(100% CRUSHED) TN 10,669 12502.49 $ 10.52 $ 131,526.19 $ 19,288.31 $ 112,237.88
26 2350.501 TYPE LV AGG. 3 WEARING COURSE (B) (STREET) TN 1,661 1,449.64 $ 31.00 $ 44,938.84 $ (6,552.16) $ 51,491.00
27 2350.501 TYPE LV AGG. 4 WEARING COURSE FOR TRAIL (B) TN 411 528.22 $ 37.00 $ 19,544.14 $ 4,337.14 $ 15,207.00
28 2350.502 TYPE LV AGG. 3 NON - WEARING COURSE (B) (STREET) TN 1,622 1,518.61 $ 30.00 $ 45,558.30 $ (3,101.70) $ 48,660.00
29 2350.503 TYPE LV AGG. 4 WEARING COURSE 2" THICK FOR DRIVEWAYS
(B) SY 215 425.00 $ 12.00 $ 5,100.00 $ 2,520.00 $ 2,580.00
30 2357.502 BITUMINOUS MATERIAL FOR TACK COAT GAL 664 675.0 $ 1.40 $ 945.00 $ 15.40 $ 929.60
31 2501.515 12" RC PIPE APRON W/ TRASH GUARD EA 1 1.0 $ 700.00 $ 700.00 $ $ 700.00
32 2501.515 15" RC PIPE APRON W/ TRASH GUARD EA 14 14.0 $ 745.00 $ 10,430.00 $ - $ 10,430.00
33 2501.515 18" RC PIPE APRON W/ TRASH GUARD EA 1 1.0 $ 810.00 $ 810.00 $ - $ 810.00
34 2501.515 24" RC PIPE APRON W/ TRASH GUARD EA 2 2.0 $ 960.00 $ 1,920.00 $ $ 1,920.00
35 2502.541 12" RC PIPE SEWER CLASS V DESIGN 3006 LF 195 191.0 $ 19.00 $ 3,629.00 $ (76.00) $ 3,705.00
36 2503.541 15" RC PIPE SEWER CLASS V DESIGN 3006 LF 1,129 1,052.0 $ 20.50 $ 21,566.00 $ (1,578.50) $ 23,144.50
37 2503.541 18" RC PIPE SEWER CLASS V DESIGN 3006 LF 392 409.0 $ 23.00 $ 9,407.00 $ 391.00 $ 9,016.00
38 2503.541 24" RC PIPE SEWER CLASS III DESIGN 3006 LF 71 70.0 $ 29.50 $ 2,065.00 $ (29.50) $ 2,094.50
39 2503.602 CONNECT TO EXISTING MANHOLES (SANITARY SEWER) EA 4 4.0 $ 1,850.00 $ 7,400.00 $ $ 7,400.00
40 2503.602 CONNECT TO EXISTING MANHOLES (STORM SEWER) EA 2 2.0 $ 1,075.00 $ 2,150.00 $ $ 2,150.00
41 2503.602 8 "X4" PVC WYE (SCHEDULE 40) EA 12 13.0 $ 70.00 $ 910.00 $ 70.00 $ 840.00
42 2503.602 8" PVC, SDR 35 PIPE SEWER (0' -8' DEPTH) LF 384 551.0 $ 14.50 $ 7,989.50 $ 2,421.50 $ 5,568.00
43 2503.603 8" PVC, SDR 35 PIPE SEWER (12' -14' DEPTH) LF 184 150.0 $ 17.50 $ 2,625.00 $ (595.00) $ 3,220.00
44 2503.603 8" PVC, SDR 35 PIPE SEWER (14' -16' DEPTH) LF 408 190.0 $ 19.50 $ 3,705.00 $ (4,251.00) $ 7,956.00
45 2503.603 8" PVC, SDR 35 PIPE SEWER (16' -18' DEPTH) LF 274 490.0 $ 21.50 $ 10,535.00 $ 4,644.00 $ 5,891.00
46 2503.603 4" SANITARY SERVICE PIPE (SCHEDULE 40) LF 429 531.0 $ 11.00 $ 5,841.00 $ 1,122.00 $ 4,719.00
47 2503.603 TELEVISE SANITARY SEWER MAINS LF 1,255 1,381.0 $ 1.20 $ 1,657.20 $ 151.20 $ 1,506.00
48 2504.601 LOWER WATERMAIN LS 1 1.0 $ 3,520.00 $ 3,520.00 $ - $ 3,520.00
49 2504.602 ADJUST VALVE BOX EA 6 6.0 $ 235.00 $ 1,410.00 $ - $ 1,410.00
50 2504.602 CONNECT TO EXISTING WATERMAIN EA 2 2.0 $ 1,900.00 $ 3,800.00 $ • $ 3,800.00
51 2504.602 RELOCATE HYDRANT AND VALVE EA 1 1.0 $ 1,200.00 $ 1,200.00 $ - $ 1,200.00
52 2504.602 HYDRANT EA 4 4.0 $ 1,610.00 $ 6,440.00 $ - $ 6,440.00
53 2504.602 6" GATE VALVE & BOX EA 4 4.0 $ 560.00 $ 2,240.00 $ - $ 2,240.00
54 2504.602 12" GATE VALVE & BOX EA 3 3.0 $ 1,290.00 $ 3,870.00 $ • $ 3,870.00
55 2504.602 1" CURB STOP & BOX EA 12 12.0 $ 95.00 $ 1,140.00 $ - $ 1,140.00
56 2504.602 1" CORPORATION STOP EA 12 12.0 $ 47.00 $ 564.00 $ $ 564.00
57 2504.603 6" WATERMAIN DUCTILE IRON CL 52 LF 123 128.0 $ 15.40 $ 1,971.20 $ 77.00 $ 1,894.20
58 2504.603 8" WATERMAIN DUCTILE IRON CL 52 LF 15 $ 20.00 $ $ (300.00) $ 300.00
59 2504.603 12" WATERMAIN DUCTILE IRON CL52 LF 2,557 2,6281.0 $ 25.50 $ 67,014.00 $ 1,810.50 $ 65,203.50
60 2504.603 1" TYPE K COPPER PIPE LF 529 561.0 $ 11.70 $ 6,563.70 $ 374.40 $ 6,189.30
61 2504.605 INSULATION (4 "THICKNESS) SY 47 215.36 $ 21.00 $ 4,522.56 $ 3,535.56 $ 987.00
62 2504.604 DUCTILE IRON FITTINGS LB 1,375 1,022.0 $ 3.20 $ 3,270.40 $ (1,129.60) $ 4,400.00
63 2506.502 CONSTRUCT CATCH BASIN -TYPE 402 EA 9 8.0 $ 1,200.00 $ 9,600.00 $ (1200.00) $ 10,600.00
64 2506.502 CONSTRUCT CATCH BASIN - TYPE 404 EA 3 5.0 $ 1,180.00 $ 5,900.00 $ 2,360.00 $ 3,540.00
65 2506.502 CONSTRUCT 48" DIAMETER CATCH BASIN MANHOLE -TYPE 406 EA 8 6.0 $ 1,480.00 $ 8,880.00 $ (2,960.00) $ 11,840.00
66 2506.502 CONSTRUCT 60" DIAMETER CATCH BASIN MANHOLE -TYPE 406 EA 1 2.0 $ 2,245.00 $ 4,490.00 $ 2,245.00 $ 2,245.00
67 2506.502 CONSTRUCT 48" DIAMETER MANHOLE - TYPE 409 EA 2 - $ 1,410.00 $ - $ (2,820.00) $ 2,820.00
68 2506.502 CONSTRUCT 96" DIAMETER CATCH BASIN MANHOLE -TYPE ST EA 4 4.0 $ 6,100.00 $ 24,400.00 $ $ 24,400.00
69 2506.502 SK EA 1 3.0 $ 2,170.00 $ 6,510.00 $ 4,340.00 $ 2,170.00
70 2506.522 ADJUST EXISTING FRAME AND RING CASTING EA 4 4.0 $ 235.00 $ 940.00 $ $ 940.00
71 2506.602 RECONSTRUCT EXISTING MANHOLE EA 1 1.0 $ 900.00 $ 900.00 $ - $ 900.00
72 2506.602 CONSTRUCT SANITARY MANHOLE (4' DIA. - TYPE 301) EA 4 4.0 $ 1,550.00 $ 6,200.00 $ $ 6,200.00
73 2506.603 CONSTRUCT SANITARY MANHOLE EXTRA DEPTH (> 8' DEPTH) LF 12 12.0 $ 100.00 $ 1,200.00 $ • $ 1,200.00
74 2511.501 RANDOM RIPRAP CLASS III 46 23.0 $ 94.00 $ 2,162.00 $ (2,162.00) $ 4,324.00
-70-
COMPENSATING CHANGE ORDER NO. 1
62ND STREET RECONSTRUCTION
CITY OF LINO LAKES, MINNESOTA
TKDA COMMISSION NO. 12510 -02
PERIOD ENDING: January 31, 2005
ITEM MN /DOT CONTRACT QUANTITY UNIT AMOUNT NET CONTRACT
NO. NO. DESCRIPTION UNIT QUANTITY TO DATE PRICE TO DATE CHANGE AMOUNT
75 2531.501 CONCRETE CURB AND GUTTER DESIGN B418 LF 6,763 6,837.0 $ 7.40 $ 50,593.80 $ 547.60 $ 50,046.20
76 2531.501 CONCRETE CURB AND GUTTER DESIGN B418 W/O BACK LF 1,150 1,150.0 $ 7.40 $ 8,510.00 $ $ 8,510.00
77 2531.507 6" CONCRETE DRIVEWAY PAVEMENT SY 41 48.8 $ 38.50 $ 1,878.80 $ 300.30 $ 1,578.50
78 2540.602 INSTALL MAIL BOX SUPPORT EA 9 9.0 $ 75.00 $ 675.00 $ $ 675.00
79 2540:602 MAIL BOX SUPPORT EA 5 - $ 110.00 $ $ (550.00) $ 550.00
80 2557.501 BARBED WIRE FENCE LF 420 603.0 $ 2.80 $ 1,688.40 $ 512.40 $ 1,176.00
81 2563.601 TRAFFIC CONTROL LS 1 1.0 $ 2,500.00 $ 2,500.00 $ $ 2,500.00
82 2564.531 SIGN PANELS TYPE C (INCLUDING POSTS & ASSEMBLY) SF 49 49.0 $ 22.80 $ 1,11720 $ $ 1,117.20
83 2564.536 INSTALL SIGN (INCL. POST & ASSEMBLY) EA 13 13.0 $ 125.00 $ 1,625.00 $ $ 1,625.00
84 2564.603 PVMT MARK. 24" STOP LINE WHITE -POLY PREFORMED LF 64 62.0 $ 22.00 $ 1,364.00 $ (44.00) $ 1,408.00
85 2564.603 PVMT MARK. 4" DOUBLE SOLID LINE YELLOW -PAINT LF 1,966 1,852.0 $ 0.40 $ 740.80 $ (45.60) $ 786.40
86 2564.603 PVMT MARK. 4" SOLID LINE YELLOW -PAINT LF 430 397.0 $ 0.14 $ 55.58 $ (4.62) $ 60.20
87 2573.502 SILT FENCE, TYPE PREASSEMBLED LF 8,353 2,650.0 $ 0.01 $ 26.50 $ (57.03) $ 83.53
88 2573.602 INLET PROTECTION EA 12 $ 70.00 $ - $ (840.00) $ 840.00
89 2575.505 SODDING TYPE SALT RESISTANT SY 15,160 13,815.0 $ 3.20 $ 44,208.00 $ (4,304.00) $ 48,512.00
90 2575.604 EROSION CONTROL BLANKET SY 380 1,800.0 $ 2.00 $ 3,600.00 $ 2,840.00 $ 760.00
91 2575.605 SEEDING (INCL. SEED MIX 50B OR 60B, FERTILIZER, MULCH &
DISC ANCHORING) ACRE 1.5 3.0 $ 720.00 $ 2,160.00 $ 1,080.00 $ 1,080.00
TOTAL COMPENSATING CHANGE ORDER NO. 1 $ 957,296.85 $ 27,077.47 $ 930,219.38
AGENDA ITEM 6K
STAFF ORIGINATOR: James E. Studenski, City Engineer
COUNCIL MEETING DATE: February 28, 2005
TOPIC: Resolution No. 05 -22, Approving Change Order No. 3R and Revised Final
Payment, Elm Street Reconstruction Project
VOTE REQUIRED: 3/5 Vote Required
BACKGROUND:
The contractor for the Elm Street Reconstruction Project, F. M. Frattalone Excavating
and Grading, Inc. is requesting City approval of Payment No. 7R (revised final) in the
amount of $65,721.73. A copy of the revised final payment is attached. The additional
$3,545.25 is due to sign panel costs that were mistakenly omitted by the contractor
from the previous final payment. This was an item that has been completed, it was part
of the original contract, and is owed to the contractor. The contractor has satisfactorily
completed all work and has provided all necessary documentation.
The original contract amount was $1,513,221.79 and the final contract amount is
$1,420,523.03. The final contract amount is still $92,698.76 under the original contract
amount. Change Order No. 3R is a revised compensating change order which
balances out the contract.
Approval of the final payment at the November 8, 2004 Council Meeting began the one -
year warranty period.
OPTIONS:
1. Return to staff for further review.
2. Approve Resolution 05 -22 Approving Change Order No. 3R and Payment No. 7R
(revised final) for the Elm Street Reconstruction Project.
RECOMMENDATION:
Option No. 2 - Staff recommends that Resolution 05 -22 be approved.
CITY OF LINO LAKES
RESOLUTION NO. 05 -22
RESOLUTION APPROVING CHANGE ORDER NO. 3R AND REVISED FINAL
PAYMENT FOR THE ELM STREET RECONSTRUCTION PROJECT
WHEREAS, the construction of the Elm Street Reconstruction Project, including
Change Order No. 3R has been completed by Frattalone Excavating and
Grading, Inc. and;
WHEREAS, the one -year warranty period for this project will began on November 8,
2004.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LINO LAKES, MINNESOTA:
Payment Number 7R (revised final) in the increased amount of $3,545.25 and
Change Order No. 3R (Compensating) is approved for a total contract amount of
$1,420,523.03.
Adopted by the City Council this 28th day of February, 2005.
John J. Bergeson, Mayor
Ann J. Blair, City Clerk
TKDA
ENGINEERS • ARCHITECTS • PLANNERS
1500 Piper Jaffray Plaza
444 Cedar Street
Saint Paul, MN 55101 -2140
(651) 292 -4400
(651) 292-0083 Fax
www.tkda.com
Comm. No. 12390 -03 Cert. No. 7R (FINAL) St. Paul, MN, February 14 , 20 05
To City of Lino Lakes, Minnesota
Owner
This Certifies that F.M. Frattalone Excavating & Grading, Inc. , Contractor
For Elm Street Reconstruction
Is entitled to Sixty -Five Thousand Seven Hundred Twenty -One Dollars and 73/100 ($ 65,721.73 )
FINAL
being 7th estimate for paw} payment on contract with you dated July 14 2003
Received payment in full of above Certificate. TKDA
F.M. Frattalone Excavating and Grading, Inc.
, 20
Scott A. Brink, P.E.
RECAPITULATION OF ACCOUNT
An Employee Owned Company P. _ 74 _ firmative Action and Equal Opportunity
CONTRACT
PLUS EXTRAS
PAYMENTS
CREDITS
Contract price plus extras
$ 1,513,221.79
All previous payments
$ 1,354,801.30
Extra No.
Change Order No. 1
$ (55,768.45)
Change Order No. 2
$ 27,437.98
Compensating Change Order No. 3R
$ (64,368.29)
Credit No.
$
„
„ „
AMOUNT OF THIS CERTIFICATE
$ 65,721.73
Totals
$ 1,420,523.03
$ 1,420,523.03
$ -
Credit Balance
There will remain unpaid on contract after
payment of this Certificate
$ -
$ 1,420,523.03
$ 1,420,523.03
$ -
An Employee Owned Company P. _ 74 _ firmative Action and Equal Opportunity
TKDA
Engineers - Architects - Planners Saint Paul, Minnesota 55101
PERIODICAL ESTIMATE FOR PARTIAL PAYMENTS
FINAL
Estimate No. 7R Period Ending February 14 , 2005 Page 1 of 1 Comm. No. 12390 -03
Contractor F.M. Frattalone Excavating & Grading, Inc. Original Contract Amount $ 1,513,221.79
Project Elm Street Reconstruction
Location Cif of Lino Lakes, Minnesota
Total Contract Work Completed $ 1,420,523.03
Total Approved Credits $ 0.00
Total Approved Extra Work Completed $ 0.00
Approved Extra Orders Amount Completed $ 0.00
Total Amount Earned This Estimate
Less Approved Credits
Less 0 % Retained
Less Previous Payments
Total Deductions
Amount Due This Estimate
$ 1,420,523.03
$ 0.00
$ 0.00
$ 1,354,801.30
$ 1,354,801.30
Contractor Date
F.M. Frattalone Excavating & Grading, Inc.
$ 65,721.73
Engineer Date February 14, 2005
Scott A. Brink, P.E.
ESTIMATE NO. 7R (FINAL)
ELM STREET RECONSTRUCTION
CITY OF LINO LAKES, MINNESOTA
COMMISSION NO. 12390 -03
ITEM
NO. DESCRIPTION
PERIOD ENDING: February 14, 2005
CONTRACT QUANTITY UNIT AMOUNT
UNIT QUANTITY TO DATE PRICE TO DATE
ELM STREET RECONSTRUCTION
1 MOBILIZATION LS 1.0 1.00 $ 89,700.00 $ 89,700.00
2 CLEARING TR 139.0 136.00 $ 100.00 $ 13,600.00
3 GRUBBING TR 139.0 136.00 $ 35.00 $ 4,760.00
4 REMOVE PIPE (CULVERT OR STORM SEWER) LF 798.0 810.00 $ 8.00 $ 6,480.00
5 REMOVE CURB & GUTTER* LF 280.0 263.00 $ 2.50 $ 657.50
6 REMOVE FENCE LF 154.0 40.00 $ 6.00 $ 240.00
7 REMOVE WATERMAIN LF 106.0 132.00 $ 10.00 $ 1,320.00
8 REMOVE CONCRETE PAVEMENT SF 1,544.0 1,895.00 $ 0.50 $ 947.50
9 REMOVE BITUMINOUS SURFACING SY 20,816.0 20,816.00 $ 1.55 $ 32,264.80
10 REMOVE MANHOLE OR CATCH BASIN EA 4.0 5.00 $ 300.00 $ 1,500.00
11 REMOVE CONCRETE APRON EA 19.0 19.00 $ 100.00 $ 1,900.00
12 SAWCUT CONCRETE PAVEMENT (FULL DEPTH) LF 150.0 56.00 $ 7.00 $ 392.00
13 SAWCUT BITUMINOUS PAVEMENT (FULL DEPTH) LF 950.0 852.00 $ 2.00 $ 1,704.00
14 SALVAGE FENCE LF 50.0 16.00 $ 25.00 $ 400.00
15 SALVAGE MAIL BOX SUPPORT EA 37.0 37.00 $ 85.00 $ 3,145.00
16 SALVAGE SIGN (INCL. POST & ASSEMBLY) EA 20.0 20.00 $ 25.00 $ 500.00
17 SALVAGE HYDRANT EA 4.0 5.00 $ 600.00 $ 3,000.00
18 SALVAGE GATE VALVE & BOX EA 5.0 5.00 $ 75.00 $ 375.00
19 COMMON EXCAVATION (P)* CY - $ 9.15 $
20 POND EXCAVATION CY 9,675.0 9,675.00 $ 5.25 $ 50,793.75
21 SELECT GRANULAR BORROW (CV) (P)* CY - - $ 10.65 $
22 TOPSOIL BORROW (LV) CY 453.0 - $ 10.00 $ -
23 CRUSHED ROCK 6" DEPTH (TRENCH STABILIZING) LF 3,151.0 - $ 2.25 $
24 EXPLORATORY DIGGING HR 20.0 8.00 $ 139.00 $ 1,112.00
25 AGGREGATE BASE CLASS 5* TN 12,000.0 9,556.14 $ 6.80 $ 64,981.75
26 TYPE LV AGG. 3 WEARING COURSE (B) TN 2,025.0 2,032.24 $ 31.65 $ 64,320.40
27 TYPE LV AGG. 4 WEARING COURSE FOR TRAIL (8)* TN 550.0 607.75 $ 39.05 $ 23, 732.64
28 TYPE LV AGG. 3 NON - WEARING COURSE (B) TN 2,025.0 2,109.86 $ 31.65 $ 66,777.07
29 TYPE LV AGG. 4 WEARING COURSE 2" THICK FOR DRIVEWAYS (B) SY 1,500.0 1,745.00 $ 10.00 $ 17,450.00
30 BITUMINOUS MATERIAL FOR TACK COAT GAL 880.0 500.00 $ 2.50 $ 1,250.00
31 15" RC PIPE APRON W/ TRASH GUARD EA 6.0 7.00 $ 625.00 $ 4,375.00
32 21" RC PIPE APRON W/ TRASH GUARD EA 2.0 2.00 $ 825.00 $ 1,650.00
33 4" PERF PE PIPE DRAIN (W/ SOCK) LF 512.0 512.00 $ 6.00 $ 3,072.00
34 15" RC PIPE SEWER CLASS V DESIGN 3006 LF 2,733.0 2,681.00 $ 21.75 $ 58,311.75
35 18" RC PIPE SEWER CLASS V DESIGN 3006 LF 830.0 770.00 $ 23.75 $ 18,287.50
36 21" RC PIPE SEWER CLASS III DESIGN 3006 LF 902.0 903.00 $ 26.25 $ 23,703.75
37 CONNECT TO EXISTING MANHOLES (SANITARY SEWER) EA 1.0 2.00 $ 4,000.00 $ 8,000.00
38 8 "X4" PVC WYE (SCHEDULE 40) EA 30.0 31.00 $ 220.00 $ 6,820.00
39 8" PVC, SDR 35 PIPE SEWER (10' -12' DEPTH) LF 69.0 97.00 $ 61.30 $ 5,946.10
40 8" PVC, SDR 35 PIPE SEWER (12' -14' DEPTH) LF 620.0 161.00 $ 61.30 $ 9,869.30
41 8" PVC, SDR 35 PIPE SEWER (14' -16' DEPTH) LF 430.0 652.00 $ 61.30 $ 39,967.60
42 8" PVC, SDR 35 PIPE SEWER (16' -18' DEPTH) LF 626.0 758.00 $ 61.30 $ 46,465.40
43 8" PVC, SDR 35 PIPE SEWER (18' -20' DEPTH) LF 32.0 109.00 $ 61.30 $ 6,681.70
44 4" SANITARY SERVICE PIPE (SCHEDULE 40) LF 1,544.0 1,604.00 $ 9.50 $ 15,238.00
45 8" PVC, SDR 26 PIPE SEWER (18' -20' DEPTH) LF 117.0 100.00 $ 61.30 $ 6,130.00
46 8" PVC, SDR 26 PIPE SEWER (20' -22' DEPTH) LF 480.0 446.00 $ 61.30 $ 27,339.80
47 8" PVC, SDR 26 PIPE SEWER (22' -24' DEPTH) LF 212.0 260.00 $ 61.30 $ 15,938.00
48 8" PVC, SDR 26 PIPE SEWER (24' -26' DEPTH) LF 235.0 290.00 $ 61.30 $ 17,777.00
49 8" PVC, SDR 26 PIPE SEWER (26' -28' DEPTH) LF 330.0 295.00 $ 61.30 $ 18,083.50
50 TELEVISE SANITARY SEWER MAINS LF 3,151.0 3,168.00 $ 0.85 $ 2,692.80
51 WATER METERING MH LS 1.0 1.00 $ 10,800.00 $ 10,800.00
52 LOWER WATERMAIN LS 1.0 - $ 3,500.00 $
53 ADJUST VALVE BOX EA 13.0 9.00 $ 85.00 $ 765.00
54 CONNECT TO EXISTING WATERMAIN EA 10.0 12.00 $ 525.00 $ 6,300.00
55 HYDRANT EA 1.0 1.00 $ 2,500.00 $ 2,500.00
56 INSTALL GATE VALVE & BOX EA 2.0 2.00 $ 250.00 $ 500.00
57 INSTALL HYDRANT EA 4.0 5.00 $ 500.00 $ 2,500.00
58 6" GATE VALVE & BOX EA 2.0 3.00 $ 790.00 $ 2,370.00
59 8" GATE VALVE & BOX EA 6.0 10.00 $ 870.00 $ 8,700.00
60 16" GATE VALVE & BOX EA 2.0 2.00 $ 4,000.00 $ 8,000.00
61 1" CURB STOP & BOX EA 31.0 32.00 $ 165.00 $ 5,280.00
62 1" CORPORATION STOP EA 31.0 32.00 $ 118.00 $ 3,776.00
63 6" WATERMAIN DUCTILE IRON CL 52 LF 91.0 128.00 $ 21.00 $ 2,688.00
64 8" WATERMAIN DUCTILE IRON CL 52 LF 1,261.0 989.00 $ 26.00 $ 25,714.00
* INDICATES CHANGES MADE IN ACCORDANCE WITH C, , 7,, L ORDER NO. 1
Page 1
ESTIMATE NO. 7R (FINAL)
ELM STREET RECONSTRUCTION
CITY OF LINO LAKES, MINNESOTA
COMMISSION NO. 12390 -03
ITEM
NO. DESCRIPTION
PERIOD ENDING: February 14, 2005
CONTRACT QUANTITY UNIT AMOUNT
UNIT QUANTITY TO DATE PRICE TO DATE
65 1 "TYPE K COPPER PIPE LF 1,700.0 1,811.00 $ 9.40 $ 17,023.40
66 16" WATERMAIN DUCTILE IRON CL52 LF 76.0 60.00 $ 50.00 $ 3,000.00
67 INSULATION (4" THICKNESS) SY 165.0 32.00 $ 18.00 $ 576.00
68 DUCTILE IRON FITTINGS LB 1,596.0 1,201.00 $ 2.90 $ 3,482.90
69 CONSTRUCT CATCH BASIN -TYPE 402 EXTRA DEPTH (> 5' DEPTH) LF 14.0 14.00 $ 90.00 $ 1,260.00
70 CONSTRUCT CATCH BASIN -TYPE 402 EA 34.0 34.00 $ 1,080.00 $ 36,720.00
71 CONSTRUCT 48" DIAMETER CATCH BASIN MANHOLE -TYPE 406 EA 6.0 6.00 $ 1,240.00 $ 7,440.00
72 CONSTRUCT 60" DIAMETER CATCH BASIN MANHOLE -TYPE 406 EA 8.0 9.00 $ 1,870.00 $ 16,830.00
73 CONSTRUCT 72" DIAMETER CATCH BASIN MANHOLE -TYPE 406 EA 1.0 1.00 $ 2,300.00 $ 2,300.00
74 CONSTRUCT 48" DIAMETER STORM SEWER MANHOLE -TYPE 409 EA 1.0 1.00 $ 1,140.00 $ 1,140.00
75 CONSTRUCT 60" DIAMETER STORM SEWER MANHOLE -TYPE 409 EA 3.0 3.00 $ 1,770.00 $ 5,310.00
76 ADJUST EXISTING FRAME AND RING CASTING EA 8.0 5.00 $ 200.00 $ 1,000.00
77 RECONSTRUCT EXISTING MANHOLE EA 2.0 2.00 $ 750.00 $ 1,500.00
78 CONSTRUCT SANITARY MANHOLE (4' DIA. - TYPE 301) EA 11.0 10.00 $ 1,310.00 $ 13,100.00
79 CONSTRUCT SANITARY MANHOLE EXTRA DEPTH (> 8' DEPTH) LF 101.0 95.41 $ 90.00 $ 8,586.90
80 RANDOM RIPRAP CLASS III CY 22.0 6.00 $ 40.00 $ 240.00
81 CONCRETE CURB AND GUTTER DESIGN 8618 LF 10,540.0 10,651.00 $ 7.20 $ 76,687.20
82 6" CONCRETE DRIVEWAY PAVEMENT SY 155.0 210.60 $ 32.00 $ 6,739.20
83 8" CONCRETE DRIVEWAY PAVEMENT SY 278.0 120.00 $ 35.60 $ 4,272.00
84 INSTALL MAIL BOX SUPPORT EA 37.0 37.00 $ 85.00 $ 3,145.00
85 MAIL BOX SUPPORT EA 5.0 - $ 125.00 $
86 SALVAGE & REINSTALL STEEL PLATE BEAM GUARDRAIL LF 35.0 35.00 $ 25.00 $ 875.00
87 WOODEN FENCE LF 112.0 - $ 19.50 $
88 INSTALL SALVAGED FENCE LF 50.0 - $ 29.00 $
89 TRAFFIC CONTROL LS 1.0 1.00 $ 37,800.00 $ 37,800.00
90 SIGN PANELS TYPE C (INCLUDING POSTS & ASSEMBLY)
(FINAL REVISED) SF 313.0 313.00 $ 21.75 $ 6,807.75
91 SIGN PANELS TYPE D (INCLUDING POSTS & ASSEMBLY) SF 59.0 30.00 $ 28.00 $ 840.00
92 INSTALL SIGN (INCL. POST & ASSEMBLY) EA 20.0 10.00 $ 35.00 $ 350.00
93 DELINEATOR TYPE (X4 -2) EA 6.0 6.00 $ 50.00 $ 300.00
94 PVMT MARK. 24" STOP LINE WHITE -POLY PREFORMED LF 143.0 132.00 $ 14.44 $ 1,906.08
95 PVMT MARK. 4" DOUBLE SOLID LINE YELLOW -PAINT LF 4,520.0 4,428.00 $ 0.32 $ 1,416.96
96 PVMT MARK. 4" SOLID LINE WHITE -PAINT LF 9,480.0 9,194.00 $ 0.15 $ 1,379.10
97 ZEBRA CROSSWALK- WHITE POLY PREFORMED SF 216.0 270.00 $ 9.87 $ 2,664.90
98 PEDESTAL FOUNDATION EA 1.0 1.00 $ 625.00 $ 625.00
99 1.25" RIGID STEEL CONDUIT LF 30.0 $ 11.50 $
100 RELOCATE CROSSWALK WARNING FLASHER SYSTEM SYS 1.0 1.00 $ 6,200.00 $ 6,200.00
101 TRANSPLANT TREE (3" CAL DECIDUOUS) TREE 79.0 5.00 $ 250.00 $ 1,250.00
102 SILT FENCE. TYPE PREASSEMBLED LF 6,866.0 5,615.00 $ 2.10 $ 11,791.50
103 INLET PROTECTION EA 49.0 2.00 $ 80.00 $ 160.00
104 SODDING TYPE SALT RESISTANT SY 15,000.0 15,000.00 $ 1.80 $ 27,000.00
105 EROSION CONTROL BLANKET SY 6,660.0 5,730.00 $ 1.05 $ 6,016.50
106 SEEDING (INCL. SEED MIX 50B OR 60B, FERTILIZER, MULCH & DISC
ANCHORING)" ACRE 1.6 1.23 $ 790.00 $ 971.70
SUBTOTAL ESTIMATE NO. 7R $ 1,188,252.70
CHANGE ORDER NO. 1
1 ADJUSTMENT OF COMMON EXCAVATION UNIT PRICE TO REFLECT
A REDUCTION OF ONE -FOOT OF SELECT GRANULAR BORROW FILL
MATERIAL. CY 13,155.0 13,155.00 $ 10.51 $ 138,259.05
2 ADD HIGH EARLY STRENGTH CONCRETE CURB AND GUTTER TO
FACILITATE LATE SEASON CONSTRUCTION. ADD B618 CONCRETE
C &G LF 4,169.0 4,169.00 $ 0.60 $ 2,501.40
3 ADD NATIVE PLANTINGS AND SEEDING (GRASSES /FORBS/
WILDFLOWERS) AROUND THE STORM PONDS PER RICE CREEEK
WATERSHED DISTRICT REQUIREMENT. (SEEDING REDUCED BY 1
ACRE) ACRE 1.0 1.00 $ 1,182.02 $ 1,182.02
4 ADD STORMWATER QUALITY POND AT SECOND AVENUE AND LAKE
DRIVE PER RICE CREEK WATERSHED DISTRICT REQUIREMENT.
MOBILIZATION LS 1.0 1.0 $ 1,800.00 $ 1,800.00
CLEARING EA 40.0 40.0 $ 125.00 $ 5,000.00
GRUBBING EA 40.0 40.0 $ 50.00 $ 2,000.00
POND EXCAVATION CY 1,010.0 1,010.0 $ 11.00 $ 11,110.00
RANDOM RIP RAP CLASS III CY 9.0 9.0 $ 60.00 $ 540.00
-77-
INDICATES CHANGES MADE IN ACCORDANCE WITH C1 1,-,1,4‘.., ORDER NO. 1 Page 2
ESTIMATE NO. 7R (FINAL)
ELM STREET RECONSTRUCTION
CITY OF LINO LAKES, MINNESOTA
COMMISSION NO. 12390 -03
ITEM
NO. DESCRIPTION
PERIOD ENDING: February 14, 2005
CONTRACT QUANTITY UNIT AMOUNT
UNIT QUANTITY TO DATE PRICE TO DATE
TRAFFIC CONTROL LS 1,0 1.0 $ 300.00 $ 300.00
SILT FENCE TYPE PREASSEMBLED LF 365.0 135.0 $ 2.10 $ 283.50
WOOD FIBER BLANKET TYPE II SY 490.0 - $ 1.25 $
SEEDING (INCL. SEED MIX 50B OR 60B, FERTILIZER, MULCH, AND
DISC ANCHORING) ACRE 0.3 0.3 $ 2,000.00 $ 600.00
5 ADD SANITARY SERVICES
CONNECT TO EXISTING SANITARY MH EA 1.0 1.00 $ 300.00 $ 300.00
6" PVC (SDR35) SANITARY SEWER LF 120.0 120.00 $ 20.00 $ 2,400.00
6" X 4" PVC WYES EA 2.0 2.00 $ 200.00 $ 400.00
6" PVC CLEAN OUT EA 1.0 1.00 $ 150.00 $ 150.00
6 ADD SUNSET PEDESTRIAN /BIKEWAY TRAIL EXTENSION
MOBILIZATION LS 1.0 1.00 $ 1,000.00 $ 1,000.00
COMMON EXCAVATION CY 193.0 193.00 $ 10.51 $ 2,028.43
AGGREGATE BASE, CLASS 5 TON 210.0 210.00 $ 6.80 $ 1,428.00
TYPE LV AGG. 4 WEARING COURSE (B) FOR TRAIL TON 49.0 49.00 $ 39.05 $ 1,913.45
REMOVE C &G LF 8.0 8.00 $ 2.50 $ 20.00
SODDING TYPE SALT RESISTANT SY 1,552.0 1,552.00 $ 1.80 $ 2,793.60
7 ADD FOR ADDITIONAL REMOVAL AND REPLACEMENT OF
PEDESTRIAN /BIKEWAY TRAIL
REMOVE BITUMINOUS SURFACING SY 895.0 895.00 $ 1.55 $ 1,387.25
COMMON EXCAVATION CY 415.0 415.00 $ 10.51 $ 4,361.65
AGGREGATE BASE, CLASS 5 TON 355.0 355.00 $ 6.80 $ 2,414.00
TYPE LV AGG. 4 WEARING COURSE (B) FOR TRAIL TON 108.0 108.00 $ 39.05 $ 4,217.40
8 ADD LARGER AREA'S SODDING AND SEEDING QUANTITIES. ADD
SODDING TYPE SALT RESISTANT (SEEDING REDUCED BY 1.7
ACRES) SY 8,022.0 8,357.0 $ 1.80 $ 15,042.60
9 ADD STORM MANHOLE SUMP SECTION PER RICE CREEK
WATERSHED DISTRICT REQUIREMENT. ADD 5' DIA. SUMP MANHOLE
SECTION (4' DEPTH). EA 2.0 2.00 $ 700.00 $ 1,400.00
SUBTOTAL CHANGE ORDER NO. 1 $ 204,832.35
CHANGE ORDER NO. 2
1 SAFETY FENCE 1,388.0 1,388.00 $ 1.31 $ 1,818.28
2 STORM SEWER FABRIC 12.0 12.00 $ 320.00 $ 3,840.00
3 HANDSET CURB 150.0 150.00 $ 18.90 $ 2,835.00
GRAVEL AT LIVINGSTONS, MOVE WAGON WHEELS, INSTALL NEW
4 BLACK UNDER SOD 1.0 1.00 $ 2,330.70 $ 2,330.70
5 REPAIR SENIOR HOUSING POND 1.0 1.00 $ 1,381.50 $ 1,381.50
6 CRABAPPLE TREES 18.0 18.00 $ 173.00 $ 3,114.00
7 AMUR CHOKEBERRY 17.0 17.00 $ 183.00 $ 3,111.00
8 JAPANESE TREE LILAC 17.0 17.00 $ 173.00 $ 2,941.00
9 THORNLESS HAWTHORN 18.0 18.00 $ 178.00 $ 3,204.00
10 REPAIR WASHOUTS AT ELM STREET POND 1.0 1.00 $ 1,132.50 $ 1,132.50
11 CRABAPPLE TREES 10.0 10.00 $ 173.00 $ 1,730.00
SUBTOTAL CHANGE ORDER NO. 2 $ 27,437.98
TOTAL ESTIMATE NO. 7R (FINAL) $ 1,420,523.03
* INDICATES CHANGES MADE IN ACCORDANCE WITH C, 78 ORDER NO. 1
Page 3
CHANGE ORDER
TKDA
Engineers - Architects - Planners
Compensating
Saint Paul, MN February 14 20 05 Comm. No. 12390 -03 Change Order No. 3R
To F.M. Frattalone Excavating & Grading, Inc.
for Elm Street Reconstruction
for City of Lino Lakes, Minnesota
You are hereby directed to make the following change to your contract dated
July 14 , 20 03 . The change and the work affected thereby is subject to all contract stipulations and
covenants. This Change Order will (in ) (decrease) (n g) the contract sum by
Sixty -Four Thousand Three Hundred Sixty -Eight Dollars and 29/100 ($ 64,368.29 ).
COMPENSATING CHANGE ORDER
This change order shows the actual quantities installed at the unit price bid amounts (see attached itemization):
NET CHANGE =
$ (64,368.29)
Amount of Original Contract $ 1,513,221.79
Additions approved to date (Change Order No. 2) $ 27,437.98
Deductions approved to date (Change Order No. 1) $ (55,768.45)
Contract amount to date $ 1,484,891.32
Amount of this Change Order (Add) (Deduct) (114e-Cliarige) $ (64,368.29)
Revised Contract Amount $ 1,420,523.03
Approved City of Lino Lakes, Minnesota TKDA
Owner
By By
Scott A. Brink, P.E.
Approved F.M. Frattalone Excavating & Grading, Inc. White - Owner
Contractor Pink - Contractor
Blue - TKDA
By
COMPENSATING CHANGE ORDER NO. 3R
ELM STREET RECONSTRUCTION
CITY OF LINO LAKES, MINNESOTA
COMMISSION NO. 12390 -03
ITEM
NO. DESCRIPTION
PERIOD ENDING: February 14, 2005
CONTRACT QUANTITY +/- UNIT AMOUNT NET CONTRACT
UNIT QUANTITY TO DATE DIFFERENCE PRICE TO DATE CHANGE AMOUNT
ELM STREET RECONSTRUCTION
1 MOBILIZATION LS 1.0 1.00 - $ 89,700.00 $ 89,700.00 $ - $ 89,700.00
2 CLEARING TR 139.0 136.00 (3.0) $ 100.00 $ 13,600.00 $ (300.00) $ 13,900.00
3 GRUBBING TR 139,0 136.00 (3.0) $ 35.00 $ 4,760.00 $ (105.00) $ 4,865.00
4 REMOVE PIPE (CULVERT OR STORM SEWER) LF 798.0 810.00 12.0 $ 8.00 $ 6,480.00 $ 96.00 $ 6,384.00
5 REMOVE CURB & GUTTER" LF 280.0 263.00 (17.0) $ 2.50 $ 657.50 $ (42.50) $ 700.00
6 REMOVE FENCE LF 154.0 40.00 (114.0) $ 6.00 $ 240.00 $ (684.00) $ 924.00
7 REMOVE WATERMAIN LF 106.0 132.00 26.0 $ 10.00 $ 1,320.00 $ 260.00 $ 1,060.00
8 REMOVE CONCRETE PAVEMENT SF 1,544.0 1,895.00 351.0 $ 0.50 $ 947.50 $ 175.50 $ 772.00
9 REMOVE BITUMINOUS SURFACING SY 20,816.0 20,816.00 - $ 1.55 $ 32,264.80 $ - $ 32,264.80
10 REMOVE MANHOLE OR CATCH BASIN EA 4.0 5.00 1.0 $ 300.00 $ 1,500.00 $ 300.00 $ 1,200.00
11 REMOVE CONCRETE APRON EA 19.0 19.00 - $ 100.00 $ 1,900.00 $ - $ 1,900.00
12 SAWCUT CONCRETE PAVEMENT (FULL DEPTH) LF 150.0 56.00 (94.0) $ 7.00 $ 392.00 $ (658.00) $ 1,050.00
13 SAWCUT BITUMINOUS PAVEMENT (FULL DEPTH) LF 950.0 852.00 (98.0) $ • 2.00 $ 1,704.00 $ (196.00) $ 1,900.00
14 SALVAGE FENCE LF 50.0 16.00 (34.0) $ 25.00 $ 400.00 $ (850.00) $ 1,250.00
15 SALVAGE MAIL BOX SUPPORT EA 37.0 37.00 - $ 85.00 $ 3,145.00 $ - $ 3,145.00
16 SALVAGE SIGN (INCL. POST & ASSEMBLY) EA 20.0 20.00 - $ 25.00 $ 500.00 $ - $ 500.00
17 SALVAGE HYDRANT EA 4.0 5.00 1.0 $ 600.00 $ 3,000.00 $ 600.00 $ 2,400.00
18 SALVAGE GATE VALVE & BOX EA 5.0 5.00 - $ 75.00 $ 375.00 $ - $ 375.00
19 COMMON EXCAVATION (P" CY - - - $ 9.15 $ $ - $ -
20 POND EXCAVATION CY 9,675.0 9,675.00 - $ 5.25 $ 50,793.75 $ - $ 50,793.75
21 SELECT GRANULAR BORROW (CV) (P)" CY - - - $ 10.65 $ - $ - $ -
22 TOPSOIL BORROW (LV) CY 453.0 (453.0) $ 10.00 $ - $ (4,530.00) $ 4,530.00
23 CRUSHED ROCK 6" DEPTH (TRENCH STABILIZING) LF 3,151.0 (3,151.0) $ 2.25 $ $ (7,089.75) $ 7,089.75
24 EXPLORATORY DIGGING HR 20.0 8.00 (12.0) $ 139.00 $ 1,112.00 $ (1,668.00) $ 2,780.00
25 AGGREGATE BASE CLASS 5" TN 12,000.0 9,556.14 (2,443.9) $ 6.80 $ 64,981.75 $ (16,618.25) $ 81,600.00
26 TYPE LV AGG. 3 WEARING COURSE (B) TN 2,025.0 2,032.24 7.2 $ 31.65 $ 64,320.40 $ 229.15 $ 64,091.25
27 TYPE LV AGG. 4 WEARING COURSE FOR TRAIL (B)" TN 550.0 607.75 57.8 $ 39.05 $ 23, 732.64 $ 2,255.14 $ 21,477.50
28 TYPE LV AGG. 3 NON - WEARING COURSE (B) TN 2,025.0 2,109.86 84.9 $ 31.65 $ 66,777.07 $ 2,685.82 $ 64,091.25
29 TYPE LV AGG. 4 WEARING COURSE 2" THICK FOR DRIVEWAYS (B) SY 1,500.0 1,745.00 245.0 $ 10.00 $ 17,450.00 $ 2,450.00 $ 15,000.00
30 BITUMINOUS MATERIAL FOR TACK COAT GAL 880.0 500.00 (380.0) $ 2.50 $ 1,250.00 $ (950.00) $ 2,200.00
31 15" RC PIPE APRON W/ TRASH GUARD EA 6.0 7.00 1.0 $ 625.00 $ 4,375.00 $ 625.00 $ 3,750.00
32 21" RC PIPE APRON W/ TRASH GUARD EA 2.0 2.00 - $ 825.00 $ 1,650.00 $ - $ 1.650.00
33 4" PERF PE PIPE DRAIN (W/ SOCK) LF 512.0 512.00 - $ 6.00 $ 3,072.00 $ - $ 3,072.00
34 15" RC PIPE SEWER CLASS V DESIGN 3006 LF 2,733.0 2,681.00 (52.0) $ 21.75 $ 58,311.75 $ (1,131.00) $ 59,442.75
35 18" RC PIPE SEWER CLASS V DESIGN 3006 LF 830.0 770.00 (60.0) $ 23.75 $ 18,287.50 $ (1,425.00) $ 19,712.50
36 21" RC PIPE SEWER CLASS III DESIGN 3006 LF 902.0 903.00 1.0 $ 26.25 $ 23,703.75 $ 26.25 $ 23,677.50
37 CONNECT TO EXISTING MANHOLES (SANITARY SEWER) EA 1.0 2.00 1.0 $ 4,000.00 $ 8,000.00 $ 4,000.00 $ 4,000.00
38 8 "X4" PVC WYE (SCHEDULE 40) EA 30.0 31.00 1.0 $ 220.00 $ 6,820.00 $ 220.00 $ 6,600.00
39 8" PVC, SDR 35 PIPE SEWER (10' -12' DEPTH) LF 69.0 97.00 28.0 $ 61.30 $ 5,946.10 $ 1,716.40 $ 4,229.70
40 8" PVC, SDR 35 PIPE SEWER (12' -14' DEPTH) LF 620.0 161.00 (459.0) $ 61.30 $ 9,869.30 $ (28,136.70) $ 38,006.00
41 8" PVC, SDR 35 PIPE SEWER (14' -16' DEPTH) LF 430.0 652.00 222.0 $ 61.30 $ 39,967.60 $ 13,608.60 $ 26,359.00
42 8" PVC, SDR 35 PIPE SEWER (16-18' DEPTH) LF 626.0 758.00 132.0 $ 61.30 $ 46,465.40 $ 8,091.60 $ 38,373.80
43 8" PVC, SDR 35 PIPE SEWER (18' -20' DEPTH) LF 32.0 109.00 77.0 $ 61.30 $ 6,681.70 $ 4,720.10 $ 1,961.60
44 4" SANITARY SERVICE PIPE (SCHEDULE 40) LF 1,544.0 1,604.00 60.0 $ 9.50 $ 15,238.00 $ 570.00 $ 14,668.00
45 8" PVC, SDR 26 PIPE SEWER (18' -20' DEPTH) LF 117.0 100.00 (17.0) $ 61.30 $ 6,130.00 $ (1,042.10) $ 7,172.10
46 8" PVC, SDR 26 PIPE SEWER (20' -22' DEPTH) LF 480.0 446.00 (34.0) $ 61.30 $ 27,339.80 $ (2,084.20) $ 29,424.00
47 8" PVC, SDR 26 PIPE SEWER (22' -24' DEPTH) LF 212.0 260.00 48.0 $ 61.30 $ 15,938.00 $ 2,942.40 $ 12,995.60
48 8" PVC, SDR 26 PIPE SEWER (24' -26' DEPTH) LF 235.0 290.00 55.0 $ 61.30 $ 17,777.00 $ 3,371.50 $ 14,405.50
49 8" PVC, SDR 26 PIPE SEWER (26-28' DEPTH) LF 330.0 295.00 (35.0) $ 61.30 $ 18,083.50 $ (2,145.50) $ 20,229.00
50 TELEVISE SANITARY SEWER MAINS LF 3,151.0 3,168.00 17.0 $ 0.85 $ 2,692.80 $ 14.45 $ 2,678.35
51 WATER METERING MK LS 1.0 1.00 - $ 10,800.00 $ 10,800.00 $ - $ 10,800.00
52 LOWER WATERMAIN LS 1.0 - (1.0) $ 3,500.00 $ $ (3,500.00) $ 3,500.00
53 ADJUST VALVE BOX EA 13.0 9.00 (4.0) $ 85.00 $ 765.00 $ (340.00) $ 1,105.00
54 CONNECT TO EXISTING WATERMAIN EA 10.0 12,00 2.0 $ 525.00 $ 6,300.00 $ 1,050.00 $ 5,250.00
55 HYDRANT EA 1.0 1.00 - $ 2,500.00 $ 2,500.00 $ $ 2,500.00
56 INSTALL GATE VALVE & BOX EA 2.0 2.00 - $ 250.00 $ 500.00 $ $ 500.00
57 INSTALL HYDRANT EA 4.0 5.00 1.0 $ 500.00 $ 2,500.00 $ 500.00 $ 2,000.00
58 6" GATE VALVE & BOX EA 2.0 3.00 1.0 $ 790.00 $ 2,370.00 $ 790.00 $ 1,580.00
59 8" GATE VALVE & BOX EA 6.0 10.00 4.0 $ 870.00 $ 8,700.00 $ 3,480.00 $ 5,220.00
60 16" GATE VALVE & BOX EA 2.0 2.00 - $ 4,000.00 $ 8,000.00 $ - $ 8,000.00
61 1" CURB STOP & BOX EA 31.0 32.00 1.0 $ 165.00 $ 5,280.00 $ 165.00 $ 5,115.00
62 1" CORPORATION STOP EA 31.0 32.00 1.0 $ 118.00 $ 3,776.00 $ 118.00 $ 3,658.00
63 6" WATERMAIN DUCTILE IRON CL 52 LF 91.0 128.00 37.0 $ 21.00 $ 2,688.00 $ 777.00 $ 1,911.00
64 8" WATERMAIN DUCTILE IRON CL 52 LF 1,261.0 989.00 (272.0) $ 26.00 $ 25,714.00 $ (7,072.00) $ 32,786.00
65 1 " TYPE K COPPER PIPE LF 1,700.0 1,811.00 111.0 $ 9.40 $ 17,023.40 $ 1,043.40 $ 15,980.00
66 16" WATERMAIN DUCTILE IRON CL52 LF 76.0 60.00 (16.0) $ 50.00 $ 3,000.00 $ (800.00) $ 3,800.00
67 INSULATION (4" THICKNESS) SY 165.0 32.00 (133.0) $ 18.00 $ 576.00 $ (2,394.00) $ 2,970.00
68 DUCTILE IRON FITTINGS LB 1,596.0 1,201.00 (395.0) $ 2.90 $ 3,482.90 $ (1,145.50) $ 4,628.40
69 CONSTRUCT CATCH BASIN -TYPE 402 EXTRA DEPTH (> 5' DEPTH) LF 14.0 14.00 - $ 90.00 $ 1,260.00 $ - $ 1,260.00
70 CONSTRUCT CATCH BASIN -TYPE 402 EA 34.0 34.00 - $ 1,080.00 $ 36,720.00 $ - $ 36,720.00
71 CONSTRUCT 48" DIAMETER CATCH BASIN MANHOLE -TYPE 406 EA 6.0 6.00 - $ 1,240.00 $ 7,440.00 $ - $ 7,440.00
72 CONSTRUCT 60" DIAMETER CATCH BASIN MANHOLE -TYPE 406 EA 8.0 9.00 1.0 $ 1,870.00 $ 16,830.00 $ 1,870.00 $ 14,960.00
73 CONSTRUCT 72" DIAMETER CATCH BASIN MANHOLE -TYPE 406 EA 1.0 1.00 - $ 2,300.00 $ 2,300.00 $ - $ 2,300.00
74 CONSTRUCT 48" DIAMETER STORM SEWER MANHOLE -TYPE 409 EA 1.0 1.00 - $ 1,140.00 $ 1,140.00 $ - $ 1,140.00
75 CONSTRUCT 60" DIAMETER STORM SEWER MANHOLE -TYPE 409 EA 3.0 3.00 - $ 1,770.00 $ 5,310.00 $ - $ 5,310.00
76 ADJUST EXISTING FRAME AND RING CASTING EA 8.0 5.00 (3.0) $ 200.00 $ 1,000.00 $ (600.00) $ 1,600.00
77 RECONSTRUCT EXISTING MANHOLE EA 2.0 2.00 - $ 750.00 $ 1,500.00 $ - $ 1,500.00
78 CONSTRUCT SANITARY MANHOLE (4' DIA. - TYPE 301) EA 11.0 10.00 (1.0) $ 1,310.00 $ 13,100.00 $ (1,310.00) $ 14,410.00
79 CONSTRUCT SANITARY MANHOLE EXTRA DEPTH (> 8' DEPTH) LF 101.0 95.41 (5.6) $ 90.00 $ 8,586.90 $ (503.10) $ 9,090.00
80 RANDOM RIPRAP CLASS III CY 22.0 6.00 (16.0) $ 40.00 $ 240.00 $ (640.00) $ 880.00
81 CONCRETE CURB AND GUTTER DESIGN B618 LF 10,540.0 10,651.00 111.0 $ 7.20 $ 76,687.20 $ 799.20 $ 75,888.00
82 6" CONCRETE DRIVEWAY PAVEMENT SY 155.0 210.60 55.6 $ 32.00 $ 6,739.20 $ 1,779.20 $ 4,960.00
83 8" CONCRETE DRIVEWAY PAVEMENT SY 278.0 120.00 (158.0) $ 35.60 $ 4,272.00 $ (5,624.80) $ 9,896.80
-80
INDICATES CHANGES MADE IN ACCORDANCE WITH CHANGE ORDER Nu. 1
Page 1
COMPENSATING CHANGE ORDER NO. 3R
ELM STREET RECONSTRUCTION
CITY OF LINO LAKES, MINNESOTA
COMMISSION NO. 12390 -03
PERIOD ENDING: February 14, 2005
ITEM CONTRACT QUANTITY +/_ UNIT AMOUNT NET CONTRACT
NO. DESCRIPTION UNIT QUANTITY TO DATE DIFFERENCE PRICE TO DATE CHANGE AMOUNT
84 INSTALL MAIL BOX SUPPORT EA 37.0 37.00 - $ 85.00 $ 3,145.00 $ - $ 3,145.00
85 MAIL BOX SUPPORT EA 5.0
(5.0) $ 125.00 $ $ (625.00) $ 625.00
86 SALVAGE & REINSTALL STEEL PLATE BEAM GUARDRAIL LF 35.0 35.00 - $ 25.00 $ 875.00 $ - $ 875,00
87 WOODEN FENCE LF 112.0
88 INSTALL SALVAGED FENCE (112.0) $ 19.50 $ $ (2,184.00) $ 2,184.00
89 TRAFFIC CONTROL LF 50.0 (50.0) 2
0.0) $ 29.00 $ $ (1,450.00) 1
50.00) $ 1,450.00
LS 1.0 1.00 - $ 37,800.00 $ 37,800.00 $ - $ 37,800.00
90 SIGN PANELS TYPE C (INCLUDING POSTS & ASSEMBLY)
(FINAL REVISED) SF 313.0 313.00 - $ 21.75 $ 6,807.75 $ - $ 6,807.75
91 SIGN PANELS TYPE D (INCLUDING POSTS & ASSEMBLY) SF 59.0 30.00 (29.0) $ 28.00 $ 840.00 $ (812.00) $ 1,652.00
92 INSTALL SIGN (INCL. POST & ASSEMBLY) EA 20.0 10.00 (10.0) $ 35.00 $ 350.00 $ (350.00) $ 700.00
93 DELINEATOR TYPE (X4 -2) EA 6.0 6.00 - $ 50.00 $ 300.00 $ - $ 300.00
94 PVMT MARK. 24" STOP LINE WHITE -POLY PREFORMED LF 143.0 132.00 (11.0) $ 14.44 $ 1,906.08 $ (158.84) $ 2,064.92
95 PVMT MARK. 4" DOUBLE SOLID LINE YELLOW -PAINT LF 4,520.0 4,428.00 (92.0) $ 0.32 $ 1,416.96 $ (29.44) $ 1,446.40
96 PVMT MARK. 4" SOLID LINE WHITE -PAINT LF 9,480.0 9,194.00 (286.0) $ 0.15 $ 1,379.10 $ (42.90) $ 1,422.00
97 ZEBRA CROSSWALK - WHITE POLY PREFORMED SF 216.0 270.00 54.0 $ 9.87 $ 2,664.90 $ 532.98 $ 2,131.92
98 PEDESTAL FOUNDATION EA 1.0 1.00 $ 625.00 $ 625.00 $ - $ 625.00
99 1.25" RIGID STEEL CONDUIT LF 30.0 (30.0) $ 11.50 $ - $ (345.00) $ 345.00
100 RELOCATE CROSSWALK WARNING FLASHER SYSTEM SYS 1.0 1.00 - $ 6,200.00 $ 6,200.00 $ $ 6,200.00
101 TRANSPLANT TREE (3" CAL DECIDUOUS) TREE 79.0 5.00 (74.0) $ 250.00 $ 1,250.00 $ (18,500.00) $ 19,750.00
102 SILT FENCE, TYPE PREASSEMBLED LF 6,866.0 5,615.00 (1,251.0) $ 2.10 $ 11,791.50 $ (2,627.10) $ 14,418.60
103 INLET PROTECTION EA 49.0 2.00 (47.0) $ 80.00 $ 160.00 $ (3,760.00) $ 3,920.00
104 SODDING TYPE SALT RESISTANT SY 15,000.0 15,000.00 - $ 1.80 $ 27,000.00 $ $ 27000.00
105 EROSION CONTROL BLANKET SY 6,660.0 5,730.00 (930.0) $ 1.05 $ 6,016.50 $ (976.50) $ 6,,993.00
106 SEEDING (INCL. SEED MIX 508 OR 60B, FERTILIZER, MULCH & DISC
ANCHORING)' ACRE 1.6 1.23 (0.4) $ 790.00 $ 971.70 $ (292.30) $ 1,264.00
SUBTOTAL ESTIMATE NO. 7R $ 1,188,252.70 $ (63,875.79) $ 1,252,128.49
CHANGE ORDER NO. 1
1 ADJUSTMENT OF COMMON EXCAVATION UNIT PRICE TO REFLECT
A REDUCTION OF ONE -FOOT OF SELECT GRANULAR BORROW
FILL MATERIAL CY 13,155.0 13,155.00 13,155.0 $ 10.51 $ 138,259.05 $ $ 138,259.05
2 ADD HIGH EARLY STRENGTH CONCRETE CURB AND GUTTER TO
FACILITATE LATE SEASON CONSTRUCTION. ADD 8618 CONCRETE
C &G LF 4,169.0 4,169.00 (8,986.0) $ 0.60 $ 2,501.40 $ $ 2,501.40
3 ADD NATIVE PLANTINGS AND SEEDING (GRASSES/FORBS/
WILDFLOWERS) AROUND THE STORM PONDS PER RICE CREEEK
WATERSHED DISTRICT REQUIREMENT. (SEEDING REDUCED BY 1
ACRE) ACRE 1.0 1.00 #REF! $ 1,182.02 $ 1,182.02 $ $ 1,182.02
4 LAKE DRIVE PER RICE CREEK WATERSHED DISTRICT
REQUIREMENT.
MOBILIZATION LS 1.0 1.0 $ 1,800.00 $ 1,800.00 $ - $ 1,800.00
CLEARING EA 40.0 40.0 $ 125.00 $ 5,000.00 $ - $ 5,000.00
GRUBBING EA 40.0 40.0 $ 50.00 $ 2,000.00 $ - $ 2,000.00
POND EXCAVATION CY 1,010.0 1,010.0 $ 11.00 $ 11,110.00 $ - $ 11,110.00
RANDOM RIP RAP CLASS III CY 9.0 9.0 $ 60.00 $ 540.00 $ - $ 540.00
TRAFFIC CONTROL LS 1.0 1.0 $ 300.00 $ 300.00 $ - $ 300.00
SILT FENCE TYPE PREASSEMBLED LF 365.0 135.0 $ 2.10 $ 283.50 $ (483.00) $ 766.50
WOOD FIBER BLANKET TYPE II SY 490.0 $ 1.25 $ - $ (612.50) $ 612.50
SEEDING (INCL. SEED MIX 50B OR 60B, FERTILIZER, MULCH,
AND DISC ANCHORING) ACRE 0.3 0.3 $ 2,000.00 $ 600.00 $ - $ 600.00
5 ADD SANITARY SERVICES
CONNECT TO EXISTING SANITARY MH EA 1.0 1.00 #REF! $ 300.00 $ 300.00 $ - $ 300.00
6" PVC (SDR35) SANITARY SEWER LF 120.0 120.00 #REF! $ 20.00 $ 2,400.00 $ - $ 2,400.00
6" X 4" PVC WYES EA 2.0 2.00 (4,167.0) $ 200.00 $ 400.00 $ - $ 400.00
6" PVC CLEAN OUT EA 1.0 1.00 #REF! $ 150.00 $ 150.00 $ - $ 150.00
6 ADD SUNSET PEDESTRIAN /BIKEWAY TRAIL EXTENSION
MOBILIZATION LS 1.0 1.00 #REF! $ 1,000.00 $ 1,000.00 $ - $ 1,000.00
COMMON EXCAVATION CY 193.0 193.00 193.0 $ 10.51 $ 2,028.43 $ - $ 2,028.43
AGGREGATE BASE, CLASS 5 TON 210.0 210.00 209.0 $ 6.80 $ 1,428.00 $ - $ 1,428.00
TYPE LV AGG. 4 WEARING COURSE (B) FOR TRAIL TON 49.0 49.00 9.0 $ 39.05 $ 1,913.45 $ - $ 1,913.45
REMOVE C &G LF 8.0 8.00 (32.0) $ 2.50 $ 20.00 $ - $ 20.00
SODDING TYPE SALT RESISTANT SY 1,552.0 1,552.00 542.0 $ 1.80 $ 2,793.60 $ $ 2,793.60
7 ADD FOR ADDITIONAL REMOVAL AND REPLACEMENT OF
PEDESTRIAN /BIKEWAY TRAIL
REMOVE BITUMINOUS SURFACING SY 895.0 895.00 530.0 $ 1.55 $ 1,387.25 $ - $ 1,38725
COMMON EXCAVATION CY 415.0 415.00 (75.0) $ 10.51 $ 4,361.65 $ - $ 4,361.65
AGGREGATE BASE, CLASS 5 TON 355.0 355.00 354.7 $ . 6.80 $ 2,414.00 $ - $ 2,414.00
TYPE LV AGG. 4 WEARING COURSE (B) FOR TRAIL TON 108.0 108.00 108.0 $ 39.05 $ 4,217.40 $ - $ 4,217.40
8 ADD LARGER AREA'S SODDING AND SEEDING QUANTITIES. ADD
SODDING TYPE SALT RESISTANT (SEEDING REDUCED BY 1.7
ACRES) SY 8,022.0 8,357.0 8,237.0 $ 1.80 $ 15,042.60 $ 603.00 $ 14,439.60
9 ADD STORM MANHOLE SUMP SECTION PER RICE CREEK
WATERSHED DISTRICT REQUIREMENT. ADD 5' DIA. SUMP
MANHOLE SECTION (4' DEPTH). EA 2.0 2.00 1.0 $ 700.00 $ 1,400.00 $ - $ 1,400.00
SUBTOTAL CHANGE ORDER NO. 1 $ 204,832.35 $ (492.50) $ 205,324.85
-81-
INDICATES CHANGES MADE IN ACCORDANCE WITH CHANGE ORDER Nu. i
Page 2
COMPENSATING CHANGE ORDER NO. 3R
ELM STREET RECONSTRUCTION
CITY OF LINO LAKES, MINNESOTA
COMMISSION NO. 12390 -03
ITEM
NO. DESCRIPTION
PERIOD ENDING: February 14, 2005
CONTRACT QUANTITY +/- UNIT AMOUNT NET CONTRACT
UNIT QUANTITY TO DATE DIFFERENCE PRICE TO DATE CHANGE AMOUNT
CHANGE ORDER NO. 2
1 SAFETY FENCE 1,388.0 1,388.00 $ 1.31 $ 1,818.28 $ $ 1,818.28
2 STORM SEWER FABRIC 12.0 12.00 $ 320.00 $ 3,840.00 $ $ 3,840.00
3 HANDSET CURB 150.0 150.00 $ 18.90 $ 2,835.00 $ $ 2,835.00
GRAVEL AT LIVINGSTONS, MOVE WAGON WHEELS, INSTALL NEW
4 BLACK UNDER SOD 1.0 1.00 $ 2,330.70 $ 2,330.70 $ - $ 2,330.70
5 REPAIR SENIOR HOUSING POND 1.0 1.00 $ 1,381.50 $ 1,381.50 $ $ 1,381.50
6 CRABAPPLE TREES 18.0 18.00 $ 173.00 $ 3,114.00 $ $ 3,114.00
7 AMUR CHOKEBERRY 17.0 17.00 $ 183.00 $ 3,111.00 $ $ 3,111.00
8 JAPANESE TREE LILAC 17.0 17.00 $ 173.00 $ 2,941.00 $ - $ 2,941.00
9 THORNLESS HAWTHORN 18.0 18.00 $ 178.00 $ 3,204.00 $ $ 3,204.00
10 REPAIR WASHOUTS AT ELM STREET POND 1.0 1.00 $ 1,132.50 $ 1,132.50 $ $ 1,132.50
11 CRABAPPLE TREES 10.0 10.00 $ 173.00 $ 1,730.00 $ - $ 1,730.00
SUBTOTAL CHANGE ORDER NO. 2 $ 27,437.98 $ $ 27,437.98
TOTAL COMPENSATING CHANGE ORDER NO. 3R
_82_
INDICATES CHANGES MADE IN ACCORDANCE WITH CHANGE ORDER Nu. '1
$ 1,420,523.03 $ (64,368.29) $ 1,484,891.32
Page 3
AGENDA ITEM 6L
STAFF ORIGINATOR: James E. Studenski, City Engineer
COUNCIL MEETING DATE: February 28, 2005
TOPIC: Resolution No. 05 -23, Approving Change Order No. 2 and Final Payment,
2003 Surface Water Management Projects
VOTE REQUIRED: 3/5 Vote Required
BACKGROUND:
The contractor for the 2003 Surface Water Management Projects, Arnt Construction
Company is requesting City approval of Payment No. 4 (final) in the amount of
$15,740.37. A copy of the final payment is attached. The contractor has satisfactorily
completed all work and has provided all necessary documentation.
The original contract amount was $242,320.96 and the final contract amount is
$265,597.35. Also included within the request for final payment is Change Order No. 2
in the amount of $26,488.39. This increase is primarily due to additional drain pipe
added to the Trapper's Crossing area for this project. With this Change Order, the final
contract amount is still $29,652.65 below the Engineer's Estimate of $295,250.00.
Approval of the final payment will begin the one -year warranty period.
OPTIONS:
1. Return to staff for further review.
2. Approve Resolution 05 -23 Approving Change Order No. 2 and Payment No. 4 (final)
for the 2003 Surface Water Management Projects.
RECOMMENDATION:
Option No. 2 - Staff recommends that Resolution 05 -23 be approved.
CITY OF LINO LAKES
RESOLUTION NO. 05 -23
RESOLUTION APPROVING CHANGE ORDER NO. 2 AND FINAL PAYMENT FOR
THE 2003 SURFACE WATER MANAGEMENT PROJECTS
WHEREAS, the construction of the 2003 Surface Water Management Projects,
including Change Order No. 2 has been completed by Arnt Construction
Company and;
WHEREAS, the one -year warranty period for this project will begin with the final
payment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LINO LAKES, MINNESOTA:
Change Order No. 2 in the amount of $26,488.39 and Payment No. 4 (final) in
the amount of $15,740.37 is approved for a total contract amount of
$265,597.35.
Adopted by the City Council this 28th day of February, 2005.
John J. Bergeson, Mayor
Ann J. Blair, City Clerk
TKDA
ENGINEERS-ARCHITECTS • PLANNERS
Comm. No. 12817 -01 Cert. No. 4 (FINAL) St. Paul, MN,
To City of Lino Lakes Minnesota
This Certifies that
Arnt Construction Inc.
2003 Surface Water Mana_ement Pro'ects
Is entitled to Fifteen Thousand Seven Hundred Fort Dollars and 37/100--------------- --- - - --
being 4th FINAL ($
estimate f.r p al payme on contract with ou dated
y September 22
1500 Piper Jaffrey Plaza
444 Cedar Street
Saint Paul, MN 55101 -2140
(651) 292.4400
(651) 292-0083 Fax
www.tkda.com
July 6 , 2004
Owner
, Contractor
Receiyy
Tull o ..o Certific
15,740.37
RECAPITULATION OF ACCOUNT
Contract price plus extras
All previous payments
CONTRACT
PLUS EXTRAS
PAYMENTS
242,320.96
CREDITS
249,856.98
Change Order No. 1
Compensating Change Order No. 2
f'rP l:r Ar_
AMOUNT OF THIS CERTIFICATE
Totals
Credit Balance
There will remain unpaid on contract after
payment of this Certificate
26,488.39
265,597.35
265,597.35
$
15,740.37
265,597.35
265,597.35
An Employee Owned Company Pt - 8 5 Ffirmative Action and Equal Opportunity
TKDA
Engineers - Architects- Planners Saint Paul, Minnesota 55101
PERIODICAL ESTIMATE FOR PARTIAL PAYMENTS
Estimate No. 4 (FINAL) Period Ending June 28 , 20 04 Page 1 of 1 Comm. No. 12817 -01
Contractor Arnt Construction, Inc. Original Contract Amount $242,320.96
Project 2003 Surface Water Management Projects
Location City of Lino Lakes, Minnesota
Total Contract Work Completed
Total Approved Credits
Total Approved Extra Work Completed
Approved Extra Orders Amount Completed
Total Amount Earned This Estimate
$ 265,597.35
$ 0.00
0.00
$ 0.00
$ 265,597.35
Less Approved Credits $ 0.00
Less 0 % Retained $ 0.00
Less Previous Payments $ 249,856.98
Total Deductions $
Amount Due This Estimate
Contractor
Engineer
249,856.98
$ 15,740.37
Date 2 _ (-}5-
Date February 2, 2005
ESTIMATE NO. 4 (FINAL)
2003 SURFACE WATER MANAGEMENT PROJECTS
CITY OF LINO LAKES, MINNESOTA
TKDA COMMISSION NO. 12817 -01
PERIOD ENDING: January 31, 2005
ITEM CONTRACT QUANTITY UNIT AMOUNT
NO. DESCRIPTION UNIT QUANTITY TO DATE PRICE TO DATE
TERRA COURT
1 MOBILIZATION LS 1.0 1.0 $ 5,600.00 $ 5,600.00
2 CLEAR AND GRUB TREES AND BRUSH LS 1.0 1.0 $ 1,200.00 $ 1,200.00
3 DITCH EXCAVATION CY 50.0 24.0 $ 23.20 $ 556.80
4 SOD AND RESTORATION SY 420.0 233.0 $ 4.00 $ 932.00
5 SELECT TOPSOIL BORROW (LV) CY 50.0 2.0 $ 0.01 $ 0.02
6 EROSION CONTROL LS 1.0 1.0 $ 200.00 $ 200.00
7 CLEAN EXISTING 12" STORM SEWER PIPE LF 150.0 150.0 $ 5.40 $ 810.00
8 TRAFFIC CONTROL LS 1.0 1.0 $ 1.06 $ 1.06
SUBTOTAL TERRA COURT $ 9,299.88
SHENANDOAH AND HAWTHORN
1 MOBILIZATION LS 1.0 1.0 $ 20,000.00 $ 20,000.00
2 CLEAR AND GRUB TREES AND BRUSH LS 1.0 1.0 $ 4,000.00 $ 4,000.00
3 DITCH EXCAVATION CY 2,300.0 2,304.0 $ 10.42 $ 24,007.68
4 SEEDING AND RESTORATION AC 2.0 0.5 $ 500.00 $ 250.00
5 SODDING AND RESTORATION SY 500.0 300.0 $ 3.50 $ 1,050.00
6 CLEAN CULVERT PIPE LF 120.0 90.0 $ 10.50 $ 945.00
7 EROSION CONTROL LS 1.0 1.0 $ 500.00 $ 500.00
8 TRAFFIC CONTROL LS 1.0 1.0 $ 250.00 $ 250.00
SUBTOTAL SHENANDOAH AND HAWTHORN $ 51,002.68
LAKE DRIVE AND 77TH STREET
1 MOBILIZATION LS 1.0 1.0 $ 1,600.00 $ 1,600.00
2 CONNECT TO EXISTING STORM CATCH BASIN /MANHOLE-
COREDRILLED EA 1.0 1.0 $ 1,290.00 $ 1,290.00
3 15" RCP STORM SEWER (CLASS 5) LF 150.0 $ 53.00 $
4 15" RCP L.R. BEND (CLASS 5) (4' LENGTH) EA 1.0 - $ 315.00 $
5 15" RCP F.E.S. WITH TRASH GUARD EA 1.0 - $ 735.00 $
6 48" DIA. STORM MANHOLE, TYPE 409 EA 1.0 - $ 1,735.00 $
7 RIP RAP (CLASS II) CY 4.0 - $ 120.00 $ -
8 STORM POND EXCAVATION CY 200.0 492.0 $ 8.68 $ 4,270.56
9 SALVAGE AND REINSTALL EXISTING TRAFFIC SIGN EA 1.0 - $ 100.00 $ -
10 REMOVE EXISTING BITUMINOUS PAVEMENT (ALL DEPTHS) SY 120.0 - $ 3.00 $
11 SAWCUT EXISTING BITUMINOUS PAVEMENT (ALL DEPTHS) LF 90.0 - $ 3.00 $
12 6' AGGREGATE BASE, CLASS 5 TON 40.0 $ 20.00 $
13 3" BITUMINOUS PAVEMENT (LVWE45030B) TON 30.0 - $ 90.00 $ -
14 SELECT TOPSOIL BORROW (LV) CY 70.0 123.0 $ 8.00 $ 984.00
15 SODDING AND RESTORATION SY 450.0 1,111.0 $ 4.00 $ 4,444.00
16 TRAFFIC CONTROL LS 1.0 1.0 $ 400.00 $ 400.00
SUBTOTAL LAKE DRIVE AND 77TH STREET $ 12,988.56
OLD BIRCH STREET
1 MOBILIZATION LS 1.0 1.0 $ 1,875.00 $ 1,875.00
2 15" RCP DRIVEWAY PIPE CULVERT (CLASS 5) LF 100.0 64.0 $ 64.00 $ 4,096.00
3 15" RCP .F.E.S. (CLASS 5) EA 4.0 4.0 $ 400.00 $ 1,600.00
4 REMOVE EXISTING CULVERT (ALL SIZES) LF 100.0 106.0 $ 11.00 $ 1,166.00
5 DITCH EXCAVATION CY 450.0 415.0 $ 10.14 $ 4,208.10
6 CLEAR AND GRUB TREES /BRUSH LS 1.0 1.0 $ 1,200.00 $ 1,200.00
7 AGGREGATE BASE (CLASS 5) (DRIVEWAY) TON 30.0 14.0 $ 20.00 $ 280.00
8 SEEDING AND RESTORATION AC 0.1 0.2 $ 2,500.00 $ 500.00
9 EROSION CONTROL LS 1.0 1.0 $ 250.00 $ 250.00
10 CLEAN EXISTING CULVERT LF 40.0 - $ 11.00 $ -
11 TRAFFIC CONTROL LS 1.0 1.0 $ 200.00 $ 200.00
SUBTOTAL OLD BIRCH STREET $ 15,375.10
- 8 7 -
ESTIMATE NO. 4 (FINAL)
2003 SURFACE WATER MANAGEMENT PROJECTS
CITY OF LINO LAKES, MINNESOTA
TKDA COMMISSION NO. 12817 -01
PERIOD ENDING: January 31, 2005
ITEM CONTRACT QUANTITY UNIT AMOUNT
NO. DESCRIPTION UNIT QUANTITY TO DATE PRICE TO DATE
BALD EAGLE AND WOODCHUCK CIRCLE
1 MOBILIZATION LS 1.0 1.0 $ 1,750.00 $ 1,750.00
2 CLEAR AND GRUB TREES /BRUSH LS 1.0 1.0 $ 1,200.00 $ 1,200.00
3 REMOVE EXISTING DRIVEWAY CULVERT LF 24.0 34.0 $ 10.00 $ 340.00
4 12" RCP STORM SEWER (CLASS 5) LF 270.0 272.0 $ 47.00 $ 12,784.00
5 12" RCP L.R. BEND (CLASS 5) (4' LENGTH) EA 1.0 1.0 $ 300.00 $ 300.00
6 12" RCP F.E.S. WITH TRASH GUARD (CLASS 5) EA 1.0 2.0 $ 630.00 $ 1,260.00
7 RIP RAP - CLASS II CY 3.0 3.0 $ 120.00 $ 360.00
8 6" AGGREGATE BASE, CLASS 5 TON 10.0 $ 22.00 $
9 SELECT TOPSOIL BORROW (LV) CY 30.0 12.0 $ 12.00 $ 144.00
10 SEEDING AND RESTORATION SY 250.0 350.0 $ 4.00 $ 1,400.00
11 EROSION CONTROL LS 1.0 1.0 $ 100.00 $ 100.00
12 TRAFFIC CONTROL LS 1.0 1.0 $ 300.00 $ 300.00
SUBTOTAL BALD EAGLE AND WOODCHUCK CIRCLE $ 19,938.00
PHEASANT RUN
1 MOBILIZATION LS 1.0 1.0 $ 1,800.00 $ 1,800.00
2 REMOVE/SALVAGE/REPLACE FENCE LS 1.0 $ 500.00 $
3 CLEAR AND GRUB TREES /BRUSH LS 1.0 1.0 $ 600.00 $ 600.00
4 CLEAN EXISTING STORM SEWER PIPE LF 130.0 130.0 $ 6.00 $ 780.00
5 DITCH EXCAVATION CY 40.0 216.0 $ 26.50 $ 5,724.00
6 SODDING AND RESTORATION SY 200.0 315.0 $ 8.00 $ 2,520.00
7 TOPSOIL BORROW (LV) CY 50.0 15.0 $ 1.00 $ 15.00
8 EROSION CONTROL LS 1.0 1.0 $ 100.00 $ 100.00
9 TRAFFIC CONTROL LS 1.0 1.0 $ 1.00 $ 1.00
SUBTOTAL PHEASANT RUN $ 11,540.00
RICE LAKE SCHOOL
1 MOBILIZATION LS 1.0 1.0 $ 3,460.00 $ 3,460.00
2 CLEAR AND GRUB TREES /BRUSH LS 1.0 1.0 $ 1,200.00 $ 1,200.00
3 DITCH EXCAVATION CY 500.0 852.0 $ 8.68 $ 7,395.36
4 CLEAN EXISTING STORM PIPE LF 80.0 - $ 12.00 $
5 SEEDING AND RESTORATION AC 0.1 0.3 $ 2,500.00 $ 750.00
6 EROSION CONTROL LS 1.0 1.0 $ 300.00 $ 300.00
7 TRAFFIC CONTROL LS 1.0 1.0 $ 1.00 $ 1.00
SUBTOTAL RICE LAKE SCHOOL $ 13,106.36
2ND AVENUE (AT ULMER DRIVE)
1 MOBILIZATION LS 1.0 1.0 $ 2,700.00 $ 2,700.00
2 SEDIMENT EXCAVATION CY 50.0 48.0 $ 23.20 $ 1,113.60
3 CLEAR AND GRUB TREES /BRUSH LS 1.0 1.0 $ 1,200.00 $ 1,200.00
4 SODDING AND RESTORATION SY 400.0 455.0 $ 5.00 $ 2,275.00
5 SELECT TOPSOIL BORROW (LV) CY 30.0 15.0 $ 12.00 $ 180.00
6 EROSION CONTROL LS 1.0 1.0 $ 100.00 $ 100.00
7 TRAFFIC CONTROL LS 1.0 1.0 $ 100.00 $ 100.00
SUBTOTAL 2ND AVENUE (AT ULMER DRIVE) $ 7,668.60
BALDWIN LAKE ROAD - NORTH OF ASH STREET
1 MOBILIZATION LS 1.0 1.0 $ 2,400.00 $ 2,400.00
2 CLEAR AND GRUB TREES /BRUSH LS 1.0 1.0 $ 1,000.00 $ 1,000.00
3 REMOVE EXISTING 60" CMP CULVERT LF 55.0 55.0 $ 16.00 $ 880.00
4 60" RCP STORM SEWER (CLASS 2) LF 36.0 40.0 $ 420.00 $ 16,800.00
5 60" RCP F.E.S. (CLASS 2) EA 2.0 2.0 $ 2,100.00 $ 4,200.00
6 RIP RAP (CLASS III) CY 26.0 26.0 $ 120.00 $ 3,120.00
7 RIP RAP (CLASS II) CY 12.0 12.0 $ 120.00 $ 1,440.00
8 REMOVE BITUMINOUS PAVEMENT (ALL DEPTHS) CY 100.0 96.0 $ 9.00 $ 864.00
9 COMMON EXCAVATION (STREET & CULVERT) - 8 8 - CY 300.0 264.0 $ 9.00 $ 2,376.00
ESTIMATE NO. 4 (FINAL)
2003 SURFACE WATER MANAGEMENT PROJECTS
CITY OF LINO LAKES, MINNESOTA
TKDA COMMISSION NO. 12817 -01
PERIOD ENDING: January 31, 2005
ITEM CONTRACT QUANTITY UNIT AMOUNT
NO. DESCRIPTION UNIT QUANTITY TO DATE PRICE TO DATE
10 AGGREGATE BASE (CLASS 5) (STREET & CULVERT) (CV) CY 300.0 244.0 $ 22.00 $ 5,368.00
11 3" BITUMINOUS PAVEMENT (LVWE45030B) TON 20.0 20.0 $ 90.00 $ 1,800.00
12 SEEDING AND RESTORATION SY 100.0 50.0 $ 6.00 $ 300.00
13 EROSION CONTROL LS 1.0 1.0 $ 200.00 $ 200.00
14 TRAFFIC CONTROL LS 1.0 1.0 $ 300.00 $ 300.00
SUBTOTAL BALDWIN LAKE ROAD - NORTH OF ASH STREET $ 41,048.00
TRAPPERS CROSSING AREA
1 MOBILIZATION LS 1.0 1.0 $ 2,000.00 $ 2,000.00
2 6" HDPE DRAIN PIPE LF 630.0 1,387.0 $ 25.00 $ 34,675.00
3 CONNECT TO EXISTING DRAIN PIPE EA 4.0 4.0 $ 800.00 $ 3,200.00
4 DITCH EXCAVATION CY 650.0 768.0 $ 19.00 $ 14,592.00
5 CLEAN EXISTING 15" RCP LF 150.0 150.0 $ 6.00 $ 900.00
6 SODDING AND RESTORATION SY 2,000.0 4,050.0 $ 4.80 $ 19,440.00
7 EROSION CONTROL LS 1.0 1.0 $ 100.00 $ 100.00
8 SALVAGE AND REINSTALL IRRIGATION SYSTEM EA 3.0 3.0 $ 600.00 $ 1,800.00
9 SURFACE DRAIN EA 6.0 16.0 $ 300.00 $ 4,800.00
10 SELECT TOPSOIL BORROW (LV) CY 300.0 216.0 $ 0.01 $ 2.16
11 TRAFFIC CONTROL LS 1.0 1.0 $ 200.00 $ 200.00
SUBTOTAL TRAPPERS CROSSING AREA $ 81,709.16
OAK LANE
1 MOBILIZATION LS 1.0 1.0 $ 760.00 $ 760.00
2 DITCH EXCAVATION CY 180.0 72.0 $ 8.68 $ 624.96
3 SEEDING AND RESTORATION SY 300.0 300.0 $ 2.00 $ 600.00
4 EROSION CONTROL LS 1.0 1.0 $ 1.00 $ 1.00
5 TRAFFIC CONTROL LS 1.0 1.0 $ 50.00 $ 50.00
SUBTOTAL OAK LANE $ 2,035.96
79TH STREET AND NANCY DRIVE (BERM)
1 MOBILIZATION LS 1.0 1.0 $ 100.00 $ 100.00
2 COMMON BORROW (LV) CY 30.0 48.0 $ 50.00 $ 2,400.00
3 SELECT TOPSOIL BORROW (LV) CY 20.0 37.0 $ 16.00 $ 592.00
4 SODDING AND RESTORATION CY 500.0 405.0 $ 0.01 $ 4.05
5 TRAFFIC CONTROL LS 1.0 1.0 $ 1.00 $ 1.00
SUBTOTAL 79TH STREET AND NANCY DRIVE (BERM) $ 3,097.05
TOTAL ESTIMATE NO. 4 (FINAL)
$ 268,809.35
CHANGE ORDER NO. 1
1 ADD 6" DRAINTILE TO LAKE DRIVE AND 77TH STREET AREA LF 150.0 150.0 $ 25.00 $ 3,750.00
DELETE 15" RCP STORM SEWER (CLASS 5) FROM LAKE DRIVE
2 AND 77TH STREET AREA LF (150.0) (150.0) $ 53.00 $ (7,950.00)
3 MULCH LS 1.0 1.0 $ 275.00 $ 275.00
4 FORCEMAIN (LABOR) LS 1.0 1.0 $ 563.00 $ 563.00
5 BOBCAT HR 1.0 1.0 $ 150.00 $ 150.00
SUBTOTAL CHANGE ORDER NO. 1 $ (3,212.00)
TOTAL ESTIMATE NO. 4 (FINAL)
$ 265,597.35
CHANGE ORDER
TKDA
Engineers - Architects- Planners
Compensating
Saint Paul, MN February 2 20 05 Comm. No. 12817 -01 Change Order No. 2
To Arnt Construction Company, Inc.
for 2003 Surface Water Management Projects
for City of Lino Lakes, Minnesota
You are hereby directed to make the following change to your contract dated
September 22 , 20 03 . The change and the work affected thereby is subject to all contract stipulations and
covenants. This Change Order will (increase) (decreaso) (not chango) the contract sum by
Twenty -Six Thousand Four Hundred Eighty-Eight Dollars and 39/100 ($ 26,488.39
COMPENSATING CHANGE ORDER
This change order shows the actual quantities installed at the unit price bid amounts (see attached itemization):
NET CHANGE =
$ 26,488.39
Amount of Original Contract $ 242,320.96
Additions approved to date (Change Order No. 1) $ (3,212.00)
Deductions approved to date (Nos. ) $
Contract amount to date $ 239,108.96
Amount of this Change Order (Add) (Deduct) (fie) $ 26,488.39
Revised Contract Annum $ 265,597.35
Approved TKDA
City of Lino Lakes, Minnesota
By
Approved
By
By
t A. Brink, P. .
L —� \� White - Owner
Arnt Construction Co., nc. Pink - Contractor
Blue - TKDA
).
COMPENSATING CHANGE ORDER NO. 2
2003 SURFACE WATER MANAGEMENT PROJECTS
CITY OF LINO LAKES, MINNESOTA
TKDA COMMISSION NO. 12817 -01
PERIOD ENDING: January 31, 2005
ITEM CONTRACT QUANTITY UNIT AMOUNT NET CONTRACT
NO. DESCRIPTION UNIT QUANTITY TO DATE PRICE TO DATE CHANGE AMOUNT
TERRA COURT
1 MOBILIZATION LS 1.0 1.0 $ 5,600.00 $ 5,600.00 $ - $ 5,600.00
2 CLEAR AND GRUB TREES AND BRUSH LS 1.0 1.0 $ 1,200.00 $ 1,200.00 $ - $ 1,200.00
3 DITCH EXCAVATION CY 50.0 24.0 $ 23.20 $ 556.80 $ (603.20) $ 1,160.00
4 SOD AND RESTORATION SY 420.0 233.0 $ 4.00 $ 932.00 $ (748.00) $ 1,680.00
5 SELECT TOPSOIL BORROW (LV) CY 50.0 2.0 $ 0.01 $ 0.02 $ (0.48) $ 0.50
6 EROSION CONTROL LS 1.0 1.0 $ 200.00 $ 200.00 $ - $ 200.00
7 CLEAN EXISTING 12" STORM SEWER PIPE LF 150.0 150.0 $ 5.40 $ 810.00 $ - $ 810.00
8 TRAFFIC CONTROL LS 1.0 1.0 $ 1.06 $ 1.06 $ - $ 1.06
SUBTOTAL TERRA COURT $ 9,299.88 $ (1,351.68) $ 10,651.56
SHENANDOAH AND HAWTHORN
1 MOBILIZATION LS 1.0 1.0 $ 20,000.00 $ 20,000.00 $ - $ 20,000.00
2 CLEAR AND GRUB TREES AND BRUSH LS 1.0 1.0 $ 4,000.00 $ 4,000.00 $ - $ 4,000.00
3 DITCH EXCAVATION CY 2,300.0 2,304.0 $ 10.42 $ 24,007.68 $ 41.68 $ 23,966.00
4 SEEDING AND RESTORATION AC 2.0 0.5 $ 500.00 $ 250.00 $ (750.00) $ 1,000.00
5 SODDING AND RESTORATION SY 500.0 300.0 $ 3.50 $ 1,050.00 $ (700.00) $ 1,750.00
6 CLEAN CULVERT PIPE LF 120.0 90.0 $ 10.50 $ 945.00 $ (315.00) $ 1,260.00
7 EROSION CONTROL LS 1.0 1.0 $ 500.00 $ 500.00 $ - $ 500.00
8 TRAFFIC CONTROL LS 1.0 1.0 $ 250.00 $ 250.00 $ - $ 250.00
SUBTOTAL SHENANDOAH AND HAWTHORN $ 51,002.68 $ (1,723.32) $ 52,726.00
LAKE DRIVE AND 77TH STREET
1 MOBILIZATION LS 1.0 1.0 $ 1,600.00 $ 1,600.00 $ $ 1,600.00
2 CONNECT TO EXISTING STORM CATCH BASIN /MANHOLE-
COREDRILLED EA 1.0 1.0 $ 1,290.00 $ 1,290.00 $ $ 1,290.00
3 15" RCP STORM SEWER (CLASS 5) LF 150.0 - $ 53.00 $ - $ (7,950.00) $ 7,950.00
4 15" RCP L.R. BEND (CLASS 5) (4' LENGTH) EA 1.0 - $ 315.00 $ - $ (315.00) $ 315.00
5 15" RCP F.E.S. WITH TRASH GUARD EA 1.0 - $ 735.00 $ - $ (735.00) $ 735.00
6 48" DIA. STORM MANHOLE, TYPE 409 EA 1.0 - $ 1,735.00 $ - $ (1,735.00) $ 1,735.00
7 RIP RAP (CLASS II) CY 4.0 - $ 120.00 $ - $ (480.00) $ 480.00
8 STORM POND EXCAVATION CY 200.0 492.0 $ 8.68 $ 4,270.56 $ 2,534.56 $ 1,736.00
9 SALVAGE AND REINSTALL EXISTING TRAFFIC SIGN EA 1.0 - $ 100.00 $ - $ (100.00) $ 100.00
10 REMOVE EXISTING BITUMINOUS PAVEMENT (ALL DEPTHS) SY 120.0 - $ 3.00 $ - $ (360.00) $ 360.00
11 SAWCUT EXISTING BITUMINOUS PAVEMENT (ALL DEPTHS) LF 90.0 - $ 3.00 $ - $ (270.00) $ 270.00
12 6" AGGREGATE BASE, CLASS 5 TON 40.0 - $ 20.00 $ - $ (800.00) $ 800.00
13 3" BITUMINOUS PAVEMENT (LVWE45030B) TON 30.0 - $ 90.00 $ $ (2,700.00) $ 2,700.00
14 SELECT TOPSOIL BORROW (LV) CY 70.0 123.0 $ 8.00 $ 984.00 $ 424.00 $ 560.00
15 SODDING AND RESTORATION SY 450.0 1,111.0 $ 4.00 $ 4,444.00 $ 2,644.00 $ 1,800.00
16 TRAFFIC CONTROL LS 1.0 1.0 $ 400.00 $ 400.00 $ $ 400.00
SUBTOTAL LAKE DRIVE AND 77TH STREET $ 12,988.56 $ (9,842.44) $ 22,831.00
OLD BIRCH STREET
1 MOBILIZATION LS 1.0 1.0 $ 1,875.00 $ 1,875.00 $ - $ 1,875.00
2 15" RCP DRIVEWAY PIPE CULVERT (CLASS 5) LF 100.0 64.0 $ 64.00 $ 4,096.00 $ (2,304.00) $ 6,400.00
3 15" RCP .F.E.S. (CLASS 5) EA 4.0 4.0 $ 400.00 $ 1,600.00 $ $ 1,600.00
4 REMOVE EXISTING CULVERT (ALL SIZES) LF 100.0 106.0 $ 11.00 $ 1,166.00 $ 66.00 $ 1,100.00
5 DITCH EXCAVATION CY 450.0 415.0 $ 10.14 $ 4,208.10 $ (354.90) $ 4,563.00
6 CLEAR AND GRUB TREES /BRUSH LS 1.0 1.0 $ 1,200.00 $ 1,200.00 $ $ 1,200.00
7 AGGREGATE BASE (CLASS 5) (DRIVEWAY) TON 30.0 14.0 $ 20.00 $ 280.00 $ (320.00) $ 600.00
8 SEEDING AND RESTORATION AC 0.1 0.2 $ 2,500.00 $ 500.00 $ 250.00 $ 250.00
9 EROSION CONTROL LS 1.0 1.0 $ 250.00 $ 250.00 $ $ 250.00
10 CLEAN EXISTING CULVERT LF 40.0 - $ 11.00 $ - $ (440.00) $ 440.00
11 TRAFFIC CONTROL LS 1.0 1.0 $ 200.00 $ 200.00 $ $ 200.00
SUBTOTAL OLD BIRCH STREET $ 15,375.10 $ (3,102.90) $ 18,478.00
BALD EAGLE AND WOODCHUCK CIRCLE
1 MOBILIZATION LS 1.0 1.0 $ 1,750.00 $ 1,750.00 $ - $ 1,750.00
2 CLEAR AND GRUB TREES /BRUSH LS 1.0 1.0 $ 1,200.00 $ 1,200.00 $ - $ 1,200.00
3 REMOVE EXISTING DRIVEWAY CULVERT LF 24.0 34.0 $ 10.00 $ 340.00 $ 100.00 $ 240.00
4 12" RCP STORM SEWER (CLASS 5) LF 270.0 272.0 $ 47.00 $ 12,784.00 $ 94.00 $ 12,690.00
5 12" RCP L.R. BEND (CLASS 5) (4' LENGTH) EA 1.0 1.0 $ 300.00 $ 300.00 $ - $ 300.00
6 12" RCP F.E.S. WITH TRASH GUARD (CLASS 5) EA 1.0 2.0 $ 630.00 $ 1,260.00 $ 630.00 $ 630.00
7 RIP RAP - CLASS II CY 3.0 3.0 $ 120.00 $ 360.00 $ $ 360.00
8 6" AGGREGATE BASE, CLASS 5 TON 10.0 - $ 22.00 $ $ (220.00) $ 220.00
9 SELECT TOPSOIL BORROW (LV) CY 30.0 12.0 $ 12.00 $ 144.00 $ (216.00) $ 360.00
10 SEEDING AND RESTORATION SY 250.0 350.0 $ 4.00 $ 1,400.00 $ 400.00 $ 1,000.00
11 EROSION CONTROL LS 1.0 1.0 $ 100.00 $ 100.00 $ $ 100.00
12 TRAFFIC CONTROL LS 1.0 1.0 $ 300.00 $ 300.00 $ - $ 300.00
SUBTOTAL BALD EAGLE AND WOODCHUCK CIRCLE $ 19,938.00 $ 788.00 $ 19,150.00
-91-
COMPENSATING CHANGE ORDER NO. 2
2003 SURFACE WATER MANAGEMENT PROJECTS
CITY OF LINO LAKES, MINNESOTA
TKDA COMMISSION NO. 12817 -01
ITEM
NO. DESCRIPTION
PHEASANT RUN
PERIOD ENDING: January 31, 2005
CONTRACT QUANTITY UNIT AMOUNT NET CONTRACT
UNIT QUANTITY TO DATE PRICE TO DATE CHANGE AMOUNT
1 MOBILIZATION LS 1.0 1.0 $ 1,800.00 $ 1,800.00 $ - $ 1,800.00
2 REMOVE/SALVAGE/REPLACE FENCE LS 1.0 - $ 500.00 $ $ (500.00) $ 500.00
3 CLEAR AND GRUB TREES /BRUSH LS 1.0 1.0 $ 600.00 $ 600.00 $ $ 600.00
4 CLEAN EXISTING STORM SEWER PIPE LF 130.0 130.0 $ 6.00 $ 780.00 $ - $ 780.00
5 DITCH EXCAVATION CY 40.0 216.0 $ 26.50 $ 5,724.00 $ 4,664.00 $ 1,060.00
6 SODDING AND RESTORATION SY 200.0 315.0 $ 8.00 $ 2,520.00 $ 920.00 $ 1,600.00
7 TOPSOIL BORROW (LV) CY 50.0 15.0 $ 1.00 $ 15.00 $ (35.00) $ 50.00
8 EROSION CONTROL LS 1.0 1.0 $ 100.00 $ 100.00 $ - $ 100.00
9 TRAFFIC CONTROL LS 1.0 1.0 $ 1.00 $ 1.00 $ - $ 1.00
SUBTOTAL PHEASANT RUN $ 11,540.00 $ 5,049.00 $ 6,491.00
RICE LAKE SCHOOL
1 MOBILIZATION LS 1.0 1.0 $ 3,460.00 $ 3,460.00 $ - $ 3,460.00
2 CLEAR AND GRUB TREES /BRUSH LS 1.0 1.0 $ 1,200.00 $ 1,200.00 $ - $ 1,200.00
3 DITCH EXCAVATION CY 500.0 852.0 $ 8.68 $ 7,395.36 $ 3,055.36 $ 4,340.00
4 CLEAN EXISTING STORM PIPE LF 80.0 - $ 12.00 $ $ (960.00) $ 960.00
5 SEEDING AND RESTORATION AC 0.1 0.3 $ 2,500.00 $ 750.00 $ 500.00 $ 250.00
6 EROSION CONTROL LS 1.0 1.0 $ 300.00 $ 300.00 $ - $ 300.00
7 TRAFFIC CONTROL LS 1.0 1.0 $ 1.00 $ 1.00 $ - $ 1.00
SUBTOTAL RICE LAKE SCHOOL $ 13,106.36 $ 2,595.36 $ 10,511.00
2ND AVENUE (AT ULMER DRIVE)
1 MOBILIZATION LS 1.0 1.0 $ 2,700.00 $ 2,700.00 $ - $ 2,700.00
2 SEDIMENT EXCAVATION CY 50.0 48.0 $ 23.20 $ 1,113.60 $ (46.40) $ 1,160.00
3 CLEAR AND GRUB TREES /BRUSH LS 1.0 1.0 $ 1,200.00 $ 1,200.00 $ - $ 1,200.00
4 SODDING AND RESTORATION SY 400.0 455.0 $ 5.00 $ 2,275.00 $ 275.00 $ 2,000.00
5 SELECT TOPSOIL BORROW (LV) CY 30.0 15.0 $ 12.00 $ 180.00 $ (180.00) $ 360.00
6 EROSION CONTROL LS 1.0 1.0 $ 100.00 $ 100.00 $ - $ 100.00
7 TRAFFIC CONTROL LS 1.0 1.0 $ 100.00 $ 100.00 $ - $ 100.00
SUBTOTAL 2ND AVENUE (AT ULMER DRIVE) $ 7,668.60 $ 48.60 $ 7,620.00
BALDWIN LAKE ROAD - NORTH OF ASH STREET
1 MOBILIZATION LS 1.0 1.0 $ 2,400.00 $ 2,400.00 $ - $ 2,400.00
2 CLEAR AND GRUB TREES /BRUSH LS 1.0 1.0 $ 1,000.00 $ 1,000.00 $ - $ 1,000.00
3 REMOVE EXISTING 60" CMP CULVERT LF 55.0 55.0 $ 16.00 $ 880.00 $ - $ 880.00
4 60" RCP STORM SEWER (CLASS 2) LF 36.0 40.0 $ 420.00 $ 16,800.00 $ 1,680.00 $ 15,120.00
5 60" RCP F.E.S. (CLASS 2) EA 2.0 2.0 $ 2,100.00 $ 4,200.00 $ - $ 4,200.00
6 RIP RAP (CLASS III) CY 26.0 26.0 $ 120.00 $ 3,120.00 $ - $ 3,120.00
7 RIP RAP (CLASS 11) CY 12.0 12.0 $ 120.00 $ 1,440.00 $ $ 1,440.00
8 REMOVE BITUMINOUS PAVEMENT (ALL DEPTHS) CY 100.0 96.0 $ 9.00 $ 864.00 $ (36.00) $ 900.00
9 COMMON EXCAVATION (STREET & CULVERT) CY 300.0 264.0 $ 9.00 $ 2,376.00 $ (324.00) $ 2,700.00
10 AGGREGATE BASE (CLASS 5) (STREET & CULVERT) (CV) CY 300.0 244.0 $ 22.00 $ 5,368.00 $ (1,232.00) $ 6,600.00
11 3" BITUMINOUS PAVEMENT (LVWE45030B) TON 20.0 20.0 $ 90.00 $ 1,800.00 $ - $ 1,800.00
12 SEEDING AND RESTORATION SY 100.0 50.0 $ 6.00 $ 300.00 $ (300.00) $ 600.00
13 EROSION CONTROL LS 1.0 1.0 $ 200.00 $ 200.00 $ - $ 200.00
14 TRAFFIC CONTROL LS 1.0 1.0 $ 300.00 $ 300.00 $ - $ 300.00
SUBTOTAL BALDWIN LAKE ROAD - NORTH OF ASH STREET $ 41,048.00 $ (212.00) $ 41,260.00
TRAPPERS CROSSING AREA
1 MOBILIZATION LS 1.0 1.0 $ 2,000.00 $ 2,000.00 $ - $ 2,000.00
2 6" HDPE DRAIN PIPE LF 630.0 1,387.0 $ 25.00 $ 34,675.00 $ 18,925.00 $ 15,750.00
3 CONNECT TO EXISTING DRAIN PIPE EA 4.0 4.0 $ 800.00 $ 3,200.00 $ - $ 3,200.00
4 DITCH EXCAVATION CY 650.0 768.0 $ 19.00 $ 14,592.00 $ 2,242.00 $ 12,350.00
5 CLEAN EXISTING 15" RCP LF 150.0 150.0 $ 6.00 $ 900.00 $ - $ 900.00
6 SODDING AND RESTORATION SY 2,000.0 4,050.0 $ 4.80 $ 19,440.00 $ 9,840.00 $ 9,600.00
7 EROSION CONTROL LS 1.0 1.0 $ 100.00 $ 100.00 $ - $ 100.00
8 SALVAGE AND REINSTALL IRRIGATION SYSTEM EA 3.0 3.0 $ 600.00 $ 1,800.00 $ - $ 1,800.00
9 SURFACE DRAIN EA 6.0 16.0 $ 300.00 $ 4,800.00 $ 3,000.00 $ 1,800.00
10 SELECT TOPSOIL BORROW (LV) CY 300.0 216.0 $ 0.01 $ 2.16 $ (0.84) $ 3.00
11 TRAFFIC CONTROL LS 1.0 1.0 $ 200.00 $ 200.00 $ - $ 200.00
SUBTOTAL TRAPPERS CROSSING AREA $ 81,709.16 $ 34,006.16 $ 47,703.00
OAK LANE
1 MOBILIZATION LS 1.0 1.0 $ 760.00 $ 760.00 $ - $ 760.00
2 DITCH EXCAVATION CY 180.0 72.0 $ 8.68 $ 624.96 $ (937.44) $ 1,562.40
3 SEEDING AND RESTORATION SY 300.0 300.0 $ 2.00 $ 600.00 $ - $ 600.00
4 EROSION CONTROL LS 1.0 1.0 $ 1.00 $ 1.00 $ - $ 1.00
5 TRAFFIC CONTROL LS 1.0 1.0 $ 50.00 $ 50.00 $ - $ 50.00
SUBTOTAL OAK LANE $ 2,035.96 $ (937.44) $ 2,973.40
-92-
COMPENSATING CHANGE ORDER NO. 2
2003 SURFACE WATER MANAGEMENT PROJECTS
CITY OF LINO LAKES, MINNESOTA
TKDA COMMISSION NO. 12817 -01
PERIOD ENDING: January 31, 2005
ITEM CONTRACT QUANTITY UNIT AMOUNT NET CONTRACT
NO. DESCRIPTION UNIT QUANTITY TO DATE PRICE TO DATE CHANGE AMOUNT
79T1-I STREET AND NANCY DRIVE (BERM)
1 MOBILIZATION LS 1.0 1.0 $ 100.00 $ 100.00 $ - $ 100.00
2 COMMON BORROW (LV) CY 30.0 48.0 $ 50.00 $ 2,400.00 $ 900.00 $ 1,500.00
3 SELECT TOPSOIL BORROW (LV) CY 20.0 37.0 $ 16.00 $ 592.00 $ 272.00 $ 320.00
4 SODDING AND RESTORATION CY 500.0 405.0 $ 0.01 $ 4.05 $ (0.95) $ 5.00
5 TRAFFIC CONTROL LS 1.0 1.0 $ 1.00 $ 1.00 $ - $ 1.00
SUBTOTAL 79TH STREET AND NANCY DRIVE (BERM) $ 3,097.05 $ 1,171.05 $ 1,926.00
SUBTOTAL COMPENSATING CHANGE ORDER NO. 2 $ 268,809.35 $ 26,488.39 $ 242,320.96
CHANGE ORDER NO. 1
1 ADD 6" DRAINTILE TO LAKE DRIVE AND 77TH STREET AREA LF 150.0 150.0 $ 25.00 $ 3,750.00 $ $ 3,750.00
DELETE 15" RCP STORM SEWER (CLASS 5) FROM LAKE DRIVE
2 AND 77TH STREET AREA LF (150.0) (150.0) $ 53.00 $ (7,950.00) $ (7,950.00)
3 MULCH LS 1.0 1.0 $ 275.00 $ 275.00 $ - $ 275.00
4 FORCEMAIN (LABOR) LS 1.0 1.0 $ 563.00 $ 563.00 $ - $ 563.00
5 BOBCAT HR 1.0 1.0 $ 150.00 $ 150.00 $ - $ 150.00
SUBTOTAL CHANGE ORDER NO. 1 $ (3,212.00) $ - $ (3,212.00)
TOTAL COMPENSATING CHANGE ORDER NO. 2 $ 265,597.35 $ 26,488.39 $ 239,108.96