Loading...
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 1 6 Z3 • ..-.- • 8 9 11 2 4 ?. U S tNsf,'S S PARK c T HR. J1LLAGET - 4 / 1 I6 A REG LAND SURVEY NO-182 1 i2i3A6:6!7i el 9 1O 12;100/8/7 *a- n N--IuL A KE _ 1 4 5; 5 N-Y,GAIT 69,4115D - -t- - ! Q. U L C Et LIA K E 2ND DIY- itrt -- F;cci 8 4:0 - Z3. -41 1/12 z4. 11,5 3i 415, 1,131314 1 iiVENZEL(,FARUS 4TH ADD / dig:NO-27 ..MARSHAN /JAKE 14;15 16 yl 7;8;91 10 14131211 71 al 524 \ • 21 3 / • • 2 3/4 5 • ' 0/L 18/ 4 —S UR F'S ID E ADD/ 7 0; 10 141:1512i 11 • 1 1,1.7.;191,10"i20 \231.*2•1 aWiS- 26 127'; 81. 17:1819 3 1 6;716;6 : 1 • 1 2--3 i4 AIJD 'SU ON \c, s-.V• C•5' • s: 1\ • t‘9 .;:e7 NB 8 REG LAND. S IIRVEfY _ _ _ Se• z 0 0 a? 0 0 ai 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. SJB- 258192v3 LN 140 -89 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. SJB- 258192v3 LN 140 -89 C -3 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. (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 SJB- 258192v3 C -5 LN 140 -89 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: SJB- 258192v3 LN I40 -89 C -6 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 SJB- 258192v3 LN 140 -89 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 SJB- 258192v3 LN 140 -89 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 SJB- 258192v3 LN 140 -89 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: SJB- 258192v3 LN 140 -89 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. SJB- 258192v3 2 LN 140 -89 "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. SJB- 258192v3 LN 140 -89 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. SJB- 258192v3 LN 140 -89 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 SJB- 258192v3 5 LN 140 -89 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. SJB- 258192v3 LN 140 -89 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. SJB- 258192v3 7 LN 140 -89 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). SJB- 258192v3 8 LN 140 -89 (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 SJB- 258192v3 LN I40 -89 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. SJB- 258192v3 LN 140 -89 10 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 SJB- 258192v3 1 1 LN I40 -89 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 SJB- 258192v3 12 LN 140 -89 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. SJB- 258192v3 LN 140 -89 13 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 SJB- 258192v3 14 LN 140 -89 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. SJB- 258192v3 LN 140 -89 15 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. SJB- 258192v3 LN 140 -89 16 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. SJB- 258192v3 LN 140 -89 17 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 SJB- 258192v3 LN 140 -89 18 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. SJB- 258192v3 LN 140 -89 19 (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. SJB- 258192v3 LN 140 -89 20 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. SJB- 258192v3 LN 140 -89 21 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. SJB- 258192v3 LN 140 -89 22 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 SJB- 258192v3 LN 140 -89 23 (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. SJB- 258192v3 LN 140 -89 24 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. SJB- 258192v3 LN 140 -89 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. SJB- 258192v3 LN 140 -89 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. SJB- 258192v3 LN 140 -89 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. SJB- 258192v3 LN 140 -89 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: 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. SJB- 258192v3 LN 140 -89 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. SJB- 258192v3 LN 140 -89 C -3 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 LN 140 -89 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 czZ • 1.4 >m 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 - 2 6 - CITY OF LINO LAKES Fes"' o F11 0 0 poV. CO E =w a=te 01- z Ate-! LL a 0 Z � 7 W4jo w1 d N c `l W 7� tr TO V 1 1 rEr? Li z w 2 w Z 4 2 II= 8 KEY PLAN ABBREVIATIONS MATERIALS SELECTION SFIEET INDEX y F p 7 p gd t4 v_ € .iiinaaaa844 ?lyileffil itte €g.8es4i@nihiiMpt gitWAL t 5 R i s t a $ d g p a g g, tLinsisaldsigs6y4d4 se :g£ sl€mga5eAH AYAA5'flei @Ee €t@E €e y e e e �h q9 5 1R Pippy Ni e &ypp 6�� 3Fya @6E !! �y .4MWMIgha5tlltasa aagl99 gtaiiddaseauhElat8E t J 0 i 1 € $sEI r CD 'Ila•fez 3,00-sse Ord one 811 Male( offloftrods 000m No:Pin n ono,. oft 000e = —24 :oNion RECEIVED CITY OF LINO LAKES 30113A 116 ...urs=rt S3109 102111400 N060113 a ..c rs.s■o crdri L speo-wr 440 Ive, sm-lak in WI 1 11. 9.131106100 talCni 4' 11 — — — — r,7 I t.; .! L b —5: Fl 4.-7=W9 1/■/111•11•11....mwmr.dimT,:rrnemal. 411W1Pw OWN - !IF MVOs *111.0110 :fa / / It/ :41%151,17/P', 1511%'7.471 00081 • 00.68S r/ •e/ I • / / / / ,... =IV — / ;.'„%• / / / / / e.,, e*/ / /i., C ; ,‘..• / / / / ' —/---"/ A / /, / - / • / / 0 .... _____ 7 . 1 / / / 1 • 1.• _4 Abil,04V/4, • 0, // 3/, / / ; 1/ // 4 / / / • / / / / / ▪ / 19011t 1C.1 9 ..•S ID p\I A18 .11 I. VI AIN *VI I. 1/1 S /* *NI 41.t1 irAgS=N ivj WetajAW,,- Arttra. 4120.60.69/r // / I a 0 0 it"A 8 3 I-1 s womanly .s821117 oun SIOMIOZ1c1 E.L3WON00 NI701V IsArld 1011INOD MOISOIE (INV aDVNIVIlla `DNICMI-D __J 2 s-/ 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 -40- 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 - 4 1 - 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 N 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 -52- 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 -53- 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 - 5 4 - 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 -56- 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