040907 CC Reg AgP
CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, APRIL 9, 2007
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
AGENDA
1. CONVENE CITY COUNCIL MEETING
A. Roll Call
Mayor Lizee ----'-
Woodruff
Turgeon _
Callies
Wellens
B. Review Agenda
2. APPROVAL OF MINUTES
A. City Council Special Meeting Minutes, March 26,2007 (Att. - Minutes)
B. City Council Regular Meeting Minutes, March 26,2007 (Att.- Minutes)
C. City Council Work Session Minutes, March 26,2007 (Att.-Minutes)
3. CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions
Therein:
NOTE: Give the public an opportunity to request an item be removed from the
Consent Agenda. Comments can be taken or questions asked following removal from
Consent Agenda.
A. Approval of the Verified Claims List (Att.- Claims List)
B. Staffing Elimination of Position in Liquor Operations; Layoff (Att. - Administrator's
memorandum)
C. City Clerk's License Approvals - Liquor Licenses (Att.- Deputy Clerk's memorandum, 3
Resolutions)
D. Authorize Expenditure of Funds for Seal Coat Rock (Att. - Engineer's memorandum)
E. Accept Plans and Specifications and Authorize Advertisement for Bids for 2007
Sealcoating of Streets, City Project 07-02 (Att. - Engineer's memorandum, Resolution)
F. Approval of the Spring Clean-Up Contracts for Services (Att. - City Administrator's
memorandum)
G. Authorization to Acquire Easements for Lift Station No. 12, Christmas Lake Point (Att.
- Engineer's memorandum)
CITY COUNCIL REGULAR MEETING AGENDA - April 9, 2007
PAGE 2 OF 2
H. Appeal of Notice to Remove (Att. - Planning Director's memorandum)
Appellant: John Lindsey
Location: 5875 Howard's Point Road
4. MATTERS FROM THE FLOOR (No Council action will be taken.)
5. REPORTS AND PRESENTATIONS
A. Park and Planning Commissioner Recognition
6. PUBLIC HEARING
7. PARKS
8. PLANNING - Report by Representative
A. Conditional Use Permit Amendment for Fire/Rescue Powerboat (Att. - Planning
Director's memorandum, Resolution)
Applicant: Shorewood Yacht Club
Location: 600 West Lake Street
9. GENERAL/NEW BUSINESS
A. Authorization to Purchase Financial Software (Att. - Finance Director's memorandum)
B. Excelsior Fire District CIP (Att. Administrator's memorandum)
10. ENGINEERING/PUBLIC WORKS
A. Review of the No Parking Restrictions on Birch Bluff Road (Att. - Engineer's
memorandum)
11. STAFF AND COUNCIL REPORTS
A. Administrator & Staff
B. Mayor & City Council
12. ADJOURN
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD' SHOREWOOD, MINNESOTA 55331-8927' (952) 474-3236
FAX (952) 474-0128. www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us
Celebrating 50 Years. 1956 - 2006
Executive Summary
Shorewood City Council Regular Meeting
Monday, 9 April 2007
. Boy Scout Troop 424 will be in the audience at tonight's meeting (for their Citizenship in the
Community Badge)
Agenda Item #3A:
Enclosed is the Verified Claims List for Council approval.
Agenda Item #3B: Unlike most Council meetings, there ~ action proposed in the staffing area.
Based on Council direction at the March 26 work session to act on the reduction of one full-
time staff position as quickly as possible, staff is recommending that the Assistant Liquor
Operations Manager be eliminated effective April 15, 2007, and that the position's
incumbent be given notice oflayoff.
Agenda Item #3C: It is that time of year for the renewal ofliquor licenses held by local
businesses. The Minnetonka Country Club and the American Legion Post #259 currently
hold on-sale liquor licenses in the City. Cub Foods currently holds a 3.2 percent off-sale
malt liquor license. All three licensees have submitted appropriate liquor license
documentation and license renewal fees. Favorable background checks were received for
the American Legion Post #259 and Cub Foods. At the time of this writing, the
background check for the Minnetonka Country Club was still in process. Council action
is requested for the adoption of the Resolutions approving the on-sale Intoxicating
Liquor and Special Sunday Sales license for the American Legion Post #259; the 3.2
percent off-sale Malt Liquor license for Cub Foods; and the Resolution approving the
on-sale Intoxicating Liquor and Special Sunday Sales for the Minnetonka Country
Club, contingent upon receipt of a favorable background check.
Agenda Item #3D: Each year the City of Shorewood encumbers $62,000 of the operating
budget for the sealcoating of roadways within the City. Staff recommends that the
proposal for furnishing sealcoat rock be awarded to the low bidder Martin Marrieta
Materials, Inc., with the City of Shorewood's portion of the contract $6,337.50 plus tax.
Agenda Item #3E: Each year the City of Shorewood encumbers $62,000 of the operating
budget for the sealcoating of roadways within the City. This resolution approves the
plans and specifications for such services and authorizes the advertisement for bids. If
approved, the bid opening for this project is scheduled for 10:00 a.m., Wednesday, May
9,2005.
,~
" , PRINTED ON RECYCLED PAPER
"'..
Executive Summary - City Council Meeting of 9 April 2007
Page 2 of3
Agenda Item #3F: Quotes were requested from six licensed trash haulers for general refuse
service on Spring Clean-Up Day. Four responses were received, with quotes from Waste
Management and Waste Technology, Inc., and two providers indicated they were not
interested in submitting a quote. Waste Technology, Inc., provided the best pricing for
the services requested. As in past years, proposals were also received from GreenMan
Technologies ofMN, Inc., for tire disposal services; and J.R.'s Appliance Disposal, Inc.,
for appliance and electronics disposal, and lawn and garden equipment.
Staff is recommending approval of contracts for Spring Clean-Up Services with Waste
Technology, Inc. (general refuse); GreenMan Technologies ofMN, Inc. (tires); and J.R.'s
Appliance Disposal, Inc. (appliances, electronics and small equipment).
Agenda Item #3G: Included in the City Council packet is a page from the preliminary plans
for the Rehabilitation of Lift Station 12 (Christmas Lake Point Road), as prepared by
WSB and Associates. This project had been previously initiated, along with the Lift
Station 16 (Enchanted Lane) Rehabilitation Project. Both lift stations are identified in the
CIP for rehabilitation. The preliminary plans identify areas for which temporary
construction easements are needed to complete the project. A motion authorizing Staff
to proceed with the acquisition of these easements would be in order.
Agenda Item #3H: Citing title problems, John Lindsey has requested additional time for his
renter to obtain an up-to-date license for a van parked at 5875 Howard's Point Road. It
should be noted that the property owner has made good progress in cleaning up other items
listed on the Notice to Remove. Staff recommends that the applicant be granted an additional
30 days to comply, after which the matter will be turned over to the prosecuting attorney for
further legal action.
Agenda Item #5A: Former Park Commissioner Julie Westerlund and Planning Commissioners
Jeff Bailey and Richard Woodruff will be present this evening to receive a recognition plaque
for their service to their respective commissions.
Agenda Item #8A: At its last meeting, the Council directed staff to prepare a resolution
approving an amendment for the Shorewood Yacht Club that would allow the Excelsior Fire
District to be kept at the SYC. The Council also asked staff and the applicant to address the
issues of off-street parking near Timber Lane and site alteration associated with the request.
Both of these issues are addressed in a draft resolution prepared for your consideration. Also,
Council member Wellens has submitted additional comments relative to the SYC/Fire
District request.
Agenda Item #9A: Staff requests City Council authorization to proceed with the purchase and
installation of the INCODE InVision Financial Software Suite from Tyler Technologies
as proposed for the estimated price of $42,882. The 2006 budget allocated $47,000 for
this expenditure and there is available fund balance for this planned purchase.
Agenda Item #9B: The joint powers agreement for the Excelsior Fire District requires that
amendments (i.e., updates) to the Capital Improvement Program be approved by at least two-
thirds of the member city councils by April 15 (although this date has not been strictly
Executive Summary - City Council Meeting of 9 April 2007
Page 3 of3
observed). The proposed 2007-2028 CIP is more comprehensive than the current version
(2006-2025), in that it also includes a Building & Technology plan. The capital equipment
plan (CEP) within the CIP shows a $10,000 increase in capital transfers into the future, and
thus reflects costs of financing that have not been included before. The Building &
Technology plan reflects the need to upgrade and remain current with technology, and to
establish a savings plan for long-term capital maintenance/replacement needs of the two fire
stations. The EFD Board has recommended approval of the CIP, and noted that it would
continue to be refined in future years.
Agenda Item #lOA: A resolution (No. 05-085) was passed in 2005 restricting parking to the south
side of Birch Bluff Road with the stipulation that it be reviewed by Oct 1,2006. A survey
was transmitted to the residents and the results were tabulated demonstrating the
residents' preference to maintain the no-parking restriction. Staff recommends no action
be taken, as the no-parking designation in the resolution remains in effect.
CITY OF SHOREWOOD
CITY COUNCIL SPECIAL MEETING
MONDAY, MARCH 26, 2007
5755 COUNTRY CLUB ROAD
CONFERENCE ROOM
6:15 P.M.
MINUTES
1. CONVENE SPECIAL CITY COUNCIL MEETING
Without objection from Council, Mayor Lizee
A.
Roll Call
Mayor Lizee called the meeting to order at 6: 15 P.M.
Present.
Mayor Lizee, Councilmembers Callies,
Absent:
None
B.
Review Agenda
2.
to the Park Commission:
A.
B.
C.
Drive
3.
the City Council Special Meeting of March 26 2007, at
ATTEST:
Christine Lizee, Mayor
Craig W. Dawson, City Administrator/Clerk
1#2A I
CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, MARCH 26, 2007
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL REGULAR MEETING
Mayor Lizee called the meeting to order at 7:03 P.M.
A. Roll Call
Present.
Mayor Lizee; Councilmembers Callies,
Dawson; Attorney Keane; Finance
of Public Works Brown; and Engineer
Wellens
Planning
Administrator
Nielsen; Director
Absent:
None
B.
Review Agenda
2.
2.
APPROVAL OF MINUTES
passed 5/0.
Callies moved, Wellens seconded,
A. City Coun<;i.li~~gtll~.r Meeting
Wellens moved, WqQ~r,(I'ff second~~, Approvingtl1e City Council Regular Meeting Minutes of
March 12,2007, as preseIi~~~~ Motipp passed 5/0.
B. City .Council Work Session Minutes, March 12,2007
Turgei?i~ltnoved, Wellens!'~flf~nded,i~~!~f?;ving the City Council Work Session Minutes of March
12, ZOO!j~.....n......s......A...... mended in Itllm.i.....3... ' Page..4..........~i!Paragraph 8, add "Attorney Keane stated the agreement
,.'i>_>.", \";,"'.',..... ........'.
did not otil;~R~.e the City.", ~~.~ in Item 3, Page 5, Paragraph 8, Sentence 2, change "could be a
result of hardinnf;I,1 water." t?mFOuld be the result of hard well water, because the water softener
was not operatiQ.W;\~~" Motion ip'assed 5/0.
3. CONSENT AGENDA
Mayor Lizee reviewed tHe items on the Consent Agenda.
Wellens moved, Turgeon seconded, Approving the Motions Contained on the Consent Agenda and
Adopting the Resolutions Therein.
A. Approval of the Verified Claims List
B. Staffing - No action required
1#2B I
SHOEWOOD CITY COUNTIL REGULAR MEETING
March 26, 2007
Page 2 of 15
c. Authorization for Expenditure of Funds for Soil Borings for Lighting at Badger
Football Field (This item was moved to Item 1 O.B under GenerallNew Business.)
D. Adopting RRESOLUTION NO. NO. 07-022, "A Resolution Proclaiming April 27,
2007, as Arbor Day."
E. Authorize Expenditure of Funds for Soil Borings for AmleelManitou Road Project
(This item was moved to Item 1 O.C under GenerallNew
F.
Approve Plans Specifications and Estimate and
for Badger Field Lighting Project (This
GenerallNew Business.)
Advertisement of Bids
to Item 10.D under
G. Approve Extension of Deadline for Varian.cfdlud C.U.P.
Motion passed 5/0.
4. MA TTERS FROM THE FLOOR
There were no matters from the floor
5. REPORTS AND
Meeting Held March 13, 2007
None.
6.
None.
7.
considered and actions taken at the March 13, 2007, Park
the minutes of that meeting).
In response to a Lizee, Commissioner Trent stated that 3rd Lair approached the Park
Commission a skate camp at the South Shore Community Park skate park. Lizee stated
that prior to the City a skate park, 3rd Lair had conducted an exhibition in the City Hall
parking lot. She also 3rd Lair was widely known throughout the State. She suggested information
about the camp be published in the ShoRE port.
B. Update on Arctic Fever Costs
Director Brown provided a contributions/expense recap of the Arctic Fever event per Council's direction.
The City's portion of the expenses were $1,686.63; and the City received $1,500 in donations ($1,000
from American Legion Post 259 and $500 from the Parks Foundation) to cover the majority of those
expenses.
SHOEWOOD CITY COUNTIL REGULAR MEETING
March 26, 2007
Page 3 of 15
In response to a question from Councilmember Wellens, Director Brown stated the net amount paid by
the City for the event was $156.
Councilmember Turgeon suggested that formal thank-you notes be sent to the American Legion Post 259
and to the Parks Foundation.
8. PLANNING - Report by Representative
Commissioner Gnif1ke stated the Planning Commission study session
20, 2007, had been canceled. He then stated that Director Nielsen
three new Planning Commissioners that evening.
scheduled for March
an orientation for the
A.
Conditional Use Permit Amendment for Fir~m-escue
Applicant: Shorewood Yacht GIub
Location: 600 West Lake street
Director Nielsen stated Mike Maloney, representing theShqt~wood l1~~ht Club (SYC),
amendment to the SYC's current conditional use permit (t0JQ.R.)'that would allow Excelsior Fire
District (EFD) to keep its fire/rescue boat at the SYC. The SY~was located at 600 West Lake Street.
Mr. Maloney's request proposed that a ne~c1pck would be built<b'rim\1e west end of the SYC property,
near Timber Lane. Nielsen reviewed site loa maps which illusti'4tl1Q th~ location of the new dock
relative to Timber Lane and relative to the entl@isite.
Nielsen then explained the pre:vi~us owners of th~SX~:had'apPll~~;tb rezone the property from single-
family residential to L-R anQ[f[()r:'<tN~U,P, pursuant~oL-R district requirements. The rezoning and C.U.P.
requests were approved:dl.lohg witlii~~~,annuallicens~for a multiple dock facility, subject to the rules of
the Lake Minnetonka,N<P1}~~rvationlQj~trict (LMCD)."~ condition of both the rezoning approval and the
C.U.P. approval was ;thaftl1~'i$YC wquld continue to b~i0perated as a sailing yacht club. Exceptions to
t ! ;', J }:, ' i \ ,"'): '-. , " " J ,~ j'
the sail boat restri~tion were:I~j~jm~,Sm~HfmYti?i,~~~n.Jour power boats for club use in conjunction with
sailing activ~H~~i1~fli~'i~i~Q,ges' bo~ml~or armatlas~t~~;wing disabled boats, etc.); and 2) the SYC would be
able to do~Wb0ats aild[in4~l:\inery as~~~iated with milfoil harvesting, without sacrificing allowable slips.
""'-, ........(............,
Niel~etH~~fi~ on to explairl!t<<~tthe EF~j~ks interested in reducing its response time for lake-related
emergencie~H[J?e EFD currentl)1i~ockecl[its fire/rescue boat at the Tonka Bay municipal docks; although
the location W:i:?nl}.~d for the EFlQ;iit was not ideal. The Tonka Bay location resulted in delayed response
times due to tHei;Ri~jving dista*~e from EFD Station 1. The water at the Tonka Bay location was a
minimum-wake zofiemn~il the..wMercraft was out of the bay, and this caused further response time delays.
He stated that EFD Clttef Gerber had explained how the EFD fire/rescue boat was used and how
frequently it was used in a memorandum from him dated 26 February 2007. The memo also addressed a
number of concerns that had been raised by area residents. One of the concerns raised in the previous
amendment request for power boats was the impact wave action would have on the shoreline in the
vicinity of the SYC. The Chiefs memo explained the fire/rescue boat was used approximately 20-22
times a season, and emergencies accounted for 10 of the occasions on which the boat would leave the
dock. Also, the fire/rescue boat would only have to leave the dock at accelerated speeds on outbound
emergency trips. The Chiefs memo also explained that on most occasions emergency personnel would
arrive at the dock site in one rescue truck. There may be times when a Duty Officer may also come to the
dock site in a separate vehicle, and occasionally another vehicle may bring additional supplies to the site.
SHOEWOOD CITY COUNTIL REGULAR MEETING
March 26, 2007
Page 4 of 15
Nielsen stated that in the Staff report, Staff had recommended that the fire/rescue boat be kept in one of
the empty slips on SYC dock #4 until such time as the current yacht club owners were successful in
filling the slips. It would not be fair to the owners to sacrifice a paying slip. That alternative would delay
the need to construct another dock on the property, and it would also provide time to address the issues of
access and parking on Timber Lane. He explained that during the Public Hearing it was explained that
the reason a new dock was recommended (rather than using an existing slip on dock #4) was access to
dock # 4 was on SYC property and that driveway was shared with a dredging company located next to
the SYC; heavy equipment frequently obstructed the use of the driveway. so, during the spring boat
launch and fall boat removal time periods the SYC property itself was congested; therefore, the
rescue vehicles would not be able to get very close to the fire/rescue
Nielsen then stated that the Planning Commission had unanimpusly re4~m~nended approval of an
amendment to the SYC's C.D.P. that would allow the EFDtoJeepits fire/re~(.).veboat at the proposed
new dock, subject to the City Attorney confirming that tpe C.(J.P. amendme1l.t.m/ould not establish
precedent regarding approval of future motor-boat do g requests and to Staff~pproval of to-be-
determined parking arrangements. Staff supporte~.. .... .../ecomrh~~dation. The CiitX:HJ\.ttorney had
confirmed the text amendment would not establish preced~1l.t.}to apprqy;y future addition<l;Ipower boat or
dock requests for the SYC.
With regard to parking, Nielsen explained}tn~t~;ltstanding questid<<nt';~S where to park the EFD rescue
truck - should the vehicle be parked on Timl:l91tlr:~~~,,\;;,hich would rePJ,~.m~..tll~t the shoulder be widened)
or should it be parked on an old trail/drivewaYHhat{rfj.~m~1~llel to the lan~$hore (that area was currently
chained off and it had previously been used 011/~i' minim~~'~Hml..a sailjng school). Nielsen stated Staff
would address the parking situation prior to a resqlutiq1l.beingpr~s~pted to Council for consideration at
the next Council meeting.
Mayor Lizee stated
Maloney were in the
and SYC co-owners Gabriel Jabbour and Mike
Council may have.
where
was the
the EFD did
Woodruff,
there may be a need
Director Nielsen stated in either parking
trail/driveway were to be used for parking, that site
weight of the rescue truck. If Timber Lane were to be
may need to be widened. There would not be any situation
surface. In response to another question, Nielsen stated it
to fund the costs for improvements. Battalion Chief Heiland stated
funds to make the improvements. In response to a third question from
minimal vegetation removal at the proposed site for a new dock and
In response to a from Councilmember Turgeon, Director Nielsen explained the spring boat-
launch season and the fall boat-removal season are each one month long and the EFD fire-rescue boat
was launched as soon as the ice went out. Turgeon stated her biggest concern was that the City had spent
a great deal of time and money on court proceedings to ensure that SYC "site 2" would remain unaltered
and calm, as well as in discussions with the previous owner of the SYC regarding whether or not it was a
mistake to allow the SYC to build its dock #4. She stated she would prefer the EFD use an existing slip
to dock its fire/rescue boat. She then stated the City had discussed making the SYC area a no-wake zone
with the previous SYC owners at the expense of the SYC; and if the site were to be made no-wake then
there would be no difference from the Tonka Bay municipal docks location. Turgeon questioned what the
SHOEWOOD CITY COUNTIL REGULAR MEETING
March 26, 2007
Page 5 of 15
difference in response time would be if the EFD fire/rescue boat were to be docked at the SYC location
or the Tonka Bay location.
Councilmember Wellens thanked the SYC owners for their generosity and willingness to dock the EFD
fire/rescue boat at the SYC. He then expressed concern with parking EFD rescue vehicles on Timber
Lane (there were no-parking signs posted on Timber Lane); he would prefer that parking be on the old
trail/driveway. He questioned why the EFD fire/rescue boat could not be docked at SYC's dock #1 (the
most easterly located dock). He then stated his main concern was with havingrEFD fire trucks traversing
a residential street if there was no need to use that particular route.
Councilmember Callies stated public safety was the purpose of t~RHreCjl1f~tfor an amendment; public
safety was paramount. She then stated it was not clear to her how tIR~ SYC IQcAtion was selected, and she
questioned if other locations had been considered. She clarifi(fR that she wasl1QtiQPposed to the request.
She went on to state that because this was a public safety x~~uest, she thoughfitWfls most appropriate
that public safety personnel determine the best locatiomfor the emergency responi~~:~phicle. She also
stated she could appreciate the need for having a sepat;fl~(f:R()ck for an emergency respon~(fN(fhicle.
Mayor Lizee stated that it was her understanding that the S'YH:gsiti~was selected for a safety reason, that
reason being improved response time. The response time from th~SYC would be faster than the response
times from the former Excelsior dock the Tonka Bay l()'~~~ion. The SYC location would also
be a secure location, and it would be the EFD persbnnMI to access. She commended the
EFD and the SYC for their efforts to identify fire/rescM~lb6at, a location that appeared
to be good for a variety of reasons. Lizee then pr()pbsed site today to review it; the
sight-line on Timber Lane was straight, the residential vehicles could pass a
vehicle parked on the went on situation could be addressed
satisfactorily. Lizee safety priority issue to address in this
situation.
with any specifics regarding how much the
docked at the proposed SYC location. She then
30 - 60 seconds, then she would not support using
recollected there had been a fire on Timber Lane one
a fire truck went down that roadway. She stated Timber
there not any lighting for the roadway. There was a commercial
be used.
Councilmember Turgeon
response
stated if
Mayor Lizee
dredging company
driveway. Also, during
was quite congested.
driveway located on the SYC property was shared with a
to the SYC; heavy equipment frequently obstructed the use of the
boat launch and fall boat removal time periods the SYC property itself
Gabriel Jabbour, a co-owner of the SYC and an Orono resident, stated that during his tenure as Mayor of
Orono he had been involved with the construction of two fire stations. During that construction an issue
of locating one station "one driveway away" caused great concern among the public because it would
result in a 16-second delay in response times. He stated he had previously worked with the LMCD to
identify locations for four fire/rescue boats that would allow for fast response times. He also was
involved in establishing a helipad on Big Island. He stated that the Tonka Bay Marina (which he also
owned) had provided the Hennepin County Water Patrol with space free of charge for one year. The
SHOE WOOD CITY COUNTIL REGULAR MEETING
March 26, 2007
Page 6 of 15
same questions were asked of the Water Patrol that had been asked of the EFD. Mr. Jabbour stated that 7
- 10 people had been saved because the Water Patrol had been located at the Tonka Bay Marina location.
He commented that he had personally transported two individuals in crisis situations from Big Island to
Excelsior.
Mr. Jabbour commented there was never a perfect scenario, and there was not a single solution. He
stated the SYC would be a permanent site for the EFD fire/rescue boat; the EFD would not have to
continually try and find a place to dock the boat. He stated that from hi~.ivantage point, he thought
parking public emergency vehicles on Timber Lane was a reasonable us~,pF;a;;P1fblic road. Mr. Jabbour
noted that the SYC would not make any money from the EFD's use ofq.inew dock; rather it would result
in a cost to the SYC. He asked Council to please give the SYC~wn~Ij~. a chance to establish their
credibility, and to not judge them based on the actions of the previQ4s ownersi,
Lastly, Mr. Jabbour explained that the SYC was built on fiU..THatday he had g()j!t~ to the site with his
pickup truck and got stuck in the mud. He did not think toat the EFD rescue truck d be able to enter
onto the site today. He stated if the dredging comRf\;n~ii~as in tll~;process of havi g.:fRpk delivered,
response time could be delayed by 10 - 20 minutes while t~\~;r~scue tr4q~ tried to access toe boat.
Mike Maloney, 231 Third Street (Excelsior) and co-owner oftheSYC, stated that it took the SYC at least
one month to launch all the boats in the sp . . He then stated theiSYC was an "active marina", and it
was always in the process of moving boats the property.I-l~explained that the docks on the
other piers (i.e., docks # 1 - 3) were "one-fo and theYWlfre not conducive for carrying
rescue equipment on; the width of dock # 4 was
In
Planning
Mr. stated the LMCD recommended
was adequate water depth; the fire/rescue boat
slip. In response to another question, Mr.
In response to a question
the request specify an
was eight-foot wide
Maloney stated the
unanimously recommended approval of an
having no objection and to Staff approval of
Turgeon, Director Nielsen stated Staff supported the
In response to a
fire/rescue boat
Minnetonka pending a
Councilmember Woodruff, Battalion Chief Heiland stated the EFD
at the Tonka Bay municipal docks as soon as the ice left Lake
from Council.
Councilmember Turgeon stated she wanted to know the specifics regarding parking, vegetation removal,
etc., prior to taking action on the request.
Mayor Lizee asked Council if it would be willing to direct Staff to prepare a resolution with findings of
fact provided that Staff can satisfactorily address the parking situation and what site alteration would
need to be done. She commented the site was overgrown. Councilmember Callies stated she would
support moving forward with Staff preparing a resolution with findings of fact. Councilmember
Woodruff stated he would like Staff to prepare a plan, and if the plan was acceptable Council could then
SHOE WOOD CITY COUNTIL REGULAR MEETING
March 26, 2007
Page 7 of 15
consider a resolution. Director Nielsen stated Staff could prepare a resolution with findings of fact and a
plan for Council to consider at the next Council meeting.
Councilmember Wellens questioned if the proposed site may be more subject to vandalism than another
site at the Syc. He questioned if the proposed site should have some type of gate or fence to restrict
access.
In response to a question from Mayor Lizee, Battalion Chief Heiland stated
any acts of vandalism to the fire/rescue boat while it was docked at the
EFD had not experienced
municipal docks.
Wellens moved, Callies seconded, Directing Staff to Prepare
Approving a Conditional Use Permit Amendment for the
of the Excelsior Fire District's Fire/Rescue Boat at a New
with Findings of Fact
Club to Allow Docking
passed 5/0.
9. GENERAL/NEW BUSINESS
A. Park Commission Appointments
"A Resolution Making
Park Commission". Motion
Turgeon moved, Callies seconded, Approving
the Appointment of Paul Alegi (3-year to the City of
passed 5/0.
B. 2007 Funding for Senior
Mayor Lizee stated at a
Community Services
discussed the invoice from Senior
fUliher at this meeting.
dated March 22, 2007, regarding 2007
had in 2006 regarding the SCS proposal to
its of $13,500 had been approved for SCS's
invoice amount of $13,441 was consistent with the 2007 budget
approved payment of $6,500 toward the invoice (an
Administrator Dawson
funding for SCS was to
increase the
Mayor
Director of SCS, was present this evening.
Mr. Withhart not-for-profit organization that had provided services for seniors for
more than 20 years. the City and Council for providing funding for SCS services. He stated
the Southshore Center very successful, and it had exceeded expectations during its ten-year
existence. He stated services were originally provided at the former Excelsior High School for
approximately ten years. It then moved to Mount Calvary Lutheran Church until the current Southshore
Center had been constructed. He thanked the City for contributing the land on which the Southshore
Center was built and for Attorney Keane's services.
Mr. Withhart then stated he had come before Council in July 2006 with a request from SCS for increased
funding for its services. He was here this evening to request Council to authorize payment for the balance
of the $13,441 invoice from SCS, which would be a payment of $6,941.
SHOEWOOD CITY COUNTIL REGULAR MEETING
March 26, 2007
Page 8 of 15
Mr. Withhart explained that meetings had occurred with the mayors and city administrators/managers of
the five South Lake Minnetonka cities to review financial information from SCS and the Friends, and
additional meetings were scheduled. A planned outcome from the meetings would be to determine what
amount of funding would be necessary for SCS services in 2008 and how to allocate that funding among
the five cities. He noted that the Friends would like to request new funding to help support the operations
and maintenance costs for the Southshore Center. He noted that members of the Southshore Center
Advisory Council and the Friends were present this evening.
Councilmember Turgeon stated part of the discussion in 2006 when SC;~llandr.Friends representatives
were present centered on the sustainability of the South shore Centep,Hrhe five cities help fund SCS
services, but there were not any funds contributed for the maintenl,t$cen)~ the Center. She then stated
although the City had allocated increased funding for SCS serViCeSl11 its 20QnrR~dget, there had been no
further discussion regarding if those funds should be allocate<:i j between SCS ra,ll~ the Friends. She now
wanted to have discussions with regard to ensuring the su~tainabUity of both seniqr programs and the
building. She questioned why there was funding for SC~p;ervices but not for buildi$~iwaintenance. She
noted that Deephaven contributed $4,500 to the Frie~1<:lsiilfr2006, but.it contributed noth~n~;rto fund SCS
services. She stated that none of the other five memberlAWes d~l\~led the amount .~ftheir funding
contributions for SCS services in 2007. She then stated she wantedrthe five cities to address the need to
fund both SCS services and the maintenance ofthe South shore Center.
Mayor Lizee stated it was important that the~~r~'mtj~~. consider howIFffl,~~~drboth the programs and the
building maintenance; that was the purposelqfrtq<rnm<r<rtings that w~f~being held. This evening's
discussion was to address decisions made duriii~the20,o,nrR~ft~~tingptbcess. At a July 24, 2006, City
Council work session, SCS pr~~~nted its propos~tth~Hthe fiV<rr'Am~s would increase their funding for
SCS services over three Yr~~f~~lr~~t;ri~horewood, theftll1ding would increase from $6,500 to more than
$13,400 in 2007. Durin~lf}Jat meetit:l:fi~CS offered tQIFonvene meetings for the five cities to discuss how
to fund operations a~<:iimHtmenance ~fl~he SouthshorejEenfer. At an August 7, 2006, City Council work
session, the proposed 200(nR~ftget~~~ ..reviewed. It ~~s noted that the budget included $13,500 for
SCS's services in:007; andr~~mfAth~HRjnRfn9Itr~Ffr~~Y changes to that. At a September 11, 2006, City
Council re~~'~m'R~~tn~~~.. meetin~!cjCouncil;ac;<}~pted the proposed 2007 General Fund budget and
approvedJneproposedt~nJfVY for 40,07. Council made no changes to proposed budget. At a December
11, 2oo,j~NCity Council reg~'~l'busines~lll~~ting, the truth-in-taxation presentation was held and public
com!11entrftft.fhe proposed bUH~~lt was ta~~n. The increase in funding requested by SCS was highlighted
in the presemiHton. Council apppqved thy 2007 budget as presented, with no further modifications.
Mayor Lizee qUe~U~g~d if Co~ncil was going to regularly reverse decisions it had made with regard to
2007 budget commitm~nts. EWmcil had made a commitment to SCS for the amount of $13 ,441, with
discussion and public rr~mp1ngs having been held, and that commitment should be honored.
Councilmember Turgeon stated when a budget (in general) was prepared, it was prepared to cover the
worst-case scenario. She stated she did not recollect that there was specific rationale for SCS's request
for an increase in the City's funding at the July 24, 2006, meeting. At that same meeting the Friends
asked for funding for building operations and maintenance, although no specific amount was requested.
She stated the sustainability of the Center was also discussed at the meeting. From her vantage point,
Council set aside $13,500 for the worst-case scenario, but Council had not yet had any discussions
regarding reallocating some of the $13,500 to the Friends for building maintenance. Turgeon stated it
was important the building be maintained in a usable condition. She again stated that from her vantage
point the approved budget was for a worst-case scenario, and before the allocated funds were actually
SHOE WOOD CITY CO UNTIL REGULAR MEETING
March 26, 2007
Page 9 of 15
approved to be spent, there should be further discussion. She cited an example of potentially spending the
maximum amount budgeted for a new network server, when it would be possible to purchase one for less.
She also stated that she thought Council should have had additional discussion regarding the Friends
request for funds for major building repairs.
Councilmember Callies agreed there had been some discussion regarding the need to fund major building
repairs, and she agreed that additional discussion was needed. She stated many questions had been raised
regarding the long-term viability of the Center and the programs for seniors.~~.e then stated Council did
approve a budget which included an allocation of $13,500 to cover t\1yfun4ing requested for SCS
services. She stated she did not think Councilmember Turgeon was cO~N~~~d with the budget process, but
rather what she understood Turgeon to say was she did not want.~orn~:rye forward with the funding
commitment for SCS services, and that was a new issue. Callies s~t~ed shetdiRm?t think there was a need
to continually revisit approved budget decisions. She agreed t~f1~~. w~~ not a ne,Yffl;tt? spend the maximum
amount budgeted if there was not a prudent reason to R?pso.<1fhe reason for'~~~nducting the budget
process, including the public hearing, was to ensure thetpecessary funds were avail~li1,ly: With regard to
Turgeon's network server example, Callies stated justJ~~ft'H~e the neytR was identifiedaqRllne,rfunds were
allocated did not eliminate the need to solicit bids for !f~ft~ serv~r.iiGallies then stat~4 the need for
additional discussion regarding the long-term viability oftheSQ~thshore Center and senior programs and
the commitment of$13,44l in funding for SCS services were two.dtifferent matters.
Councilmember Wellens stated after listenin~il~~\m?~lncilmember 1f*nf~?ll'~ perspective on this topic
multiple times he has changed his mind regardi~lngth:ytii~wm~se in fundil1~for SCS services in 2007. He
stated it was appropriate for Council to change it~. mind!fl~1~Y:'liDNormati6n was made available after the
budget process had been com~leted. He was nowq~om!incline~No/n~Hocate some of the budgeted funds
for SCS services to the Friep~I~lro/~imaintenance ofth:ybuilding wl~ich was an asset of the City's.
Councilmember WO?9t.~NNiB?mmentfRi that he had 1191t b~~n involved in the 2007 budget process. He
stated he had not been pro~lR~lR wit~J\~,formation on h?Y:'ithe authorized $6,500 payment to SCS would
be used, nor how the rem"\D1D~pm!'!l~ftJW?Ntt~~,il}voiced amount would be used. He expressed
to W~~ftt~Dtil the<QOD~IRudget cycle to understand how the requested funding
aloneili~WY:' the 2007 funds were used. The 2007 information should be
the he was opposed to funding building repairs.
Mayor
who were
contribution.
negligible, if any,
funding from other
been cut.
il1creased funding for senior programs in July 2006. The Friends,
and maintenance of the Center, did not request a specific fund
Withhati had previously explained to Council that, SCS received
federal Community Development Block Grant (CDBG) program; and
and community organizations (e.g., such as the United Way) had also
Mr. Withhart stated the funds received from the City for over twenty years had always been used to cover
staffing costs and associated operating costs (e.g., phones for staff). He stated SCS services were
originally provided at the former Excelsior High School for approximately ten years. It then moved to
Mount Calvary Lutheran Church until the current Southshore Center had been constructed; there was no
charge to be housed in the Church. He explained the building was built by contributions from the five
cities, and $100,000 in funds raised by the Friends.
SHOE WOOD CITY COUNTIL REGULAR MEETING
March 26, 2007
Page 10 of 15
Mr. Withhart also explained when the Center was built the five cities had decided they did not want to be
responsible for maintenance, operations, programming or staffing of the Center or any other costs,
expenses or capital investments relating to the Center, and that was specified in the Cooperative
Agreement. He stated that it had become apparent to the Friends that in order to keep the Southshore
Center operational (both the building and senior programs), the Friends would need to receive funding
from the five cities for building operations and maintenance. He commented on the remarkable job the
Friends had done over the last ten years operating and maintaining the Center. SCS had also contributed
resources to the Friends to assist with rental activities, and it paid for some lJfj.sic operations support. He
stated SCS had always viewed the Center's operations as a partnership bet'N~elYS<=S and the Friends.
Mr. Withhart stated it would take time for the five cities to reacl1;cO*~el1sus on future funding and
maintenance of the South shore Center building and activities pr()y~ded ther~}...Greenwood had initiated
the request in 2006 to discuss those topics; and those meetingS..witH the cities'Htxpresentatives started in
January 2007.
Councilmember Woodruff reviewed
Withhart had provided.
stated SCSH?G>Rxd to have a
available for the review at
five cities'... representatives.
but it may be difficult to
yearly report on the activity
In response to a question from Councilmember
report of what programs were provided and who
an April 2007 South shore Center funding discussion
Withhart then stated there had been additional requests
assemble all of that information due to staff. A
levels and participation by city would be this year.
for SCS servIces Mr.
The
$5,169)
was $3,102)
was $3,102)
In
funding
SCS services
years ago the
for services. Shortly
a result of both of thos
Therefore, SCS had
Woodruff, Mr. Withhart explained that increased
of all five cities. He explained that in 1995 CDBG funds for
cities had control over those funds at that time. Approximately six
issued a mandate that stated only 15% of CDBG funds could be used
funds went into a pool to be allocated by the Hennepin County. As
SCS's share of the CDBG funds was substantially less than in 1995.
increased funding from all five cities.
Nancy Smith, 25630 Park Lane, stated you had to be 65 years-of-age or older to live in the development
she lived in and there were 62 town homes in that development. She commented all residents in that
development paid taxes and the majority were involved in activities at the Southshore Center which they
thoroughly enjoyed. She then stated she did not understand how the City Council could say it did not
want to provide the necessary funding for the Center. She went on to state that the senior citizen
population was growing. She also stated SCS needed the funds the City had committed for 2007 to
ensure the senior programs were continued. Ms. Smith stated the Center was badly needed by the
SHOE WOOD CITY COUNTIL REGULAR MEETING
March 26, 2007
Page 11 of 15
community. She commented that the seniors in the community remove trash from the parks, and do
various others tasks that are beneficial to the community.
Jane Seamans, who resided at the Seasons, stated she was a volunteer at the Southshore Center and many
of the seniors who reside at the Seasons participate in activities at the Center. She commented that there
was often a waiting list for people to play bridge. She stated she paid taxes just like the Councilmembers
did. She requested that the City not take any action that would have a negative impact on the Center. She
stated people take pride in the Center.
Dan Weber, a resident of Shorewood Ponds, stated on bridge day therqi.Were 13 tables of bridge players
at the South shore Center, and there were other players that parti~lwate~im!the card game 500. Many
seniors also eat at the Center. He recommended that CounciLRducate;tI1ql~selves on the activities
conducted at the Center. The Center was important to the s~~ior~ommunity'fI~ commented that the
Councilmembers should remind themselves that they would someday become a sepi<p;17citizen.
Jan Gray, a Greenwood resident, stated she was in~()l~~~.in activitjes associated wit~IIR~~~blishing the
Southshore Center. She was also a new member of the Friends and~lj1;ehad been an active volunteer at
the Center for a long time. She stated the number of resident~i~.sii1g the Center had far exceeded the
expectations thirteen years ago when it was in a conceptual stagq;.~he stated the senior population was
the growing sector of the population. She w~~..pleased to hear C61.li1;l.RiJ's desire to ensure that the senior
programs and the operations and maintenanceJ~~R~ilding wouldb~lf~~~~fltely funded. She stated the
design of the building and the building itself 'YJ~ ~mft(im1~ stated the!ifl~pgrams and the building were
both assets of the Center. It behooved the coml11H~ll ies ~~H~~Nftl~~.tive. s.~niors - they would be more self
sufficient, healthier, etc. She then stated it was theipldqnsegment()~t~e senior population (there were 3.5
generations of seniors) w.?i~H~~fi~!fm the infrastJ~~1tlire to the JqJity of Shorewood and provided the
foundation for the qu~HW of lifeimr~idents of S~~rewood have. She went on to state it was her
understanding that thRi~nIRf]ids had emw~essed a need ~9.r fi~ancial support from the five cities before. It
was her goal to documentaJn~f1ie fun~~~~e Friends had fc~~$ed over the last ten years to build and maintain
the building, yet the Friends~~4)1()!o~I1~~ . .. pf thel;>tiilding. She encouraged the Council to honor the
needs of bO~~lm~mni~~~sand S~~{i~nd t()a~illvheihistory of Shorewood. She noted that the City had
always beqwgenerousitpt~e.senior~Rl11mtmity and she hoped the City would continue with that practice.
Coupci~j~~mber Callies state~!th~ peopW,i~Itre senior citizens and the Councilmembers, were also an asset
to the City;;llf! funding was aIV~)1vestmqnt in the people and the future of the community. The additional
$6,941 in fuN that had beerlJRpmmitted to SCS services was a very small portion of the City's entire
2007 budget. S~Itrqp stated ifit~e need for the remaining funding had not been clear to Council prior to
the public commeriHlme.n it shqUtd be now after the residents had articulated their comments.
,.-'.'.;;-;:-c-,
Callies moved, Authori~ing Payment of $6,941 to Senior Community Services for the Outstanding
Portion of the Invoice in Amount of $13,441.
Mayor Lizee stated the amount was part of the approved 2007 budget and the services provided were
important to the community.
Motion failed for lack of a second.
Mayor Lizee expressed disappointment with the decision not to pay the remainder of the SCS invoice
with approved budgeted funds.
SHOEWOOD CITY COUNTIL REGULAR MEETING
March 26, 2007
Page 12 oflS
10. ENGINEERING/PUBLIC WORKS
A. Approval of WSB Proposal for Professional Services for Stormwater Management
Plan
Administrator Dawson stated Peter Willenbring, with WSB and Associates, had provided Council with
an update on storm water management at a February 26, 2007, City Council meeting. At that meeting it
was stated that the City's Comprehensive Water Resource Management Plan must be updated, and that
WSB would submit a proposal to the City for providing the services to uPclflte1tneplan.
Engineer Landini stated the Metropolitan Surface Water Managem~tltA1~t(Chapter 601 Laws of 1990)
required the Plan be updated by September 2008. He noted COI.~tWil had "1?~~11 provided a copy of the
WSB proposal to perform the update for a proposed contra~fHffmo\l~t of $781,p"ff. If the proposal was
approved, it would be funded out of the Storm Water Manag~menttfund.
Wellens moved, Woodruff seconded, Accepting th~t~tt~.~osal
the City's Comprehensive Water Resource Managemeiltlrl?lan.
WSB and Associates to Update
Councilmember Woodruff stated the WSB proposal was methocr~c~l. and well done. He questioned if any
other company was asked or should have to submit a pr(jRq~al. Director Brown explained that
WSB and Associates provide the City with engineering set#~c;~s f()r storm water management
plans and storm water infrastructure needs. the City h~qt!tapractice of using a pool of
consultants, and the use of multiple pointing between the consultants.
The City would spend a great deal of time the consultants and keeping the
consultants consistent phase. He routinely compared consulting
rates, and it had found were on
In response to a
management skills are a
as seal coat
for storm
Director Brown explained that storm water
could assume responsibility for tasks such
City, but he did not have the specialized skills
B.
Expenditure of Funds for Soil Borings for Lighting at Badger
This item was
consent agenda at Council member Woodruff's request.
Councilmember questioned if American Engineering and Testing (AET), Inc., was the only
company that Staff solicited a proposal from and was AET uniquely suited to conduct a geotechnical
analysis for the light pole foundation design for the Badger Football Field. Director Brown explained that
when the City had a number of development projects active, each contractor would bring its own soil
scientist. It was important that Staff was confident with the soil engineering. AET had been responsive to
the City's needs and the Staff is comfortable that any recommendation from AET was a good value to the
City.
SHOEWOOD CITY COUNTIL REGULAR MEETING
March 26, 2007
Page 13 of 15
Woodruff moved, Wellens seconded, Accepting the Proposal from American Engineering and
Testing, Inc., to Provide Geotechnical Engineering Services for the Badger Park Football Field
Lighting. Motion passed 5/0.
c. Authorize Expenditure of Funds for Soil Borings for Amlee Lane/Manitou Road
Project
This item was removed from the consent agenda at Councilmember Woodruff's request.
Councilmember Woodruff stated his concerns were the same as those
were addressed as part of that discussion.
in Item 10.B above, and
D.
Approve Plans, Specifications, and EstimMe andd..\\.l1.thorize
for Badger Field Lighting Project
Engineering and
Road Project.
Woodruff moved, Wellens seconded, Accepting the Pro"ft~al from
Testing, Inc., to Provide Geotechnical Engineering Se~i~esfor the Amlee
Motion passed 5/0.
of Bids
at Councilmember Woodruffs request.
This item was removed from the consent
Councilmember Woodruff stated he was
Field Lighting Project. Section I.I.D
used. Later in the proposal it stated the
provided the contractor
questioned if Musco
could be used
specifications.
system would be allowed.
two section'&!gWBid Proposal for the Badger
Light~~5tructure Green System must be
system than the Musco system,
system 10 days prior to bid. He
Director Brown stated an alternate system
would meet the life cycle costs and the
modified to include an approved equivalent
Brown
insurance
consider the
the added costs
Director Brown stated the City Engineer was
the height requirements for the lights and the lighting
that six light poles would be required rather than four.
was very insufficient and was an issue for the City's
question, Brown stated this evening Council was only asked to
for bid; Council would be asked to consider the project, including
at a future meeting.
In
In response to a
system was on 3 - 4
Councilmember Turgeon, Director Brown estimated that the lighting
a week from 5 PM - 11 PM. The 5000-hour life span was normal.
Woodruff moved, Wellens seconded, Approving RESOLUTION NO. 07-023, "A Resolution
Approving Plans, Specifications and Estimates and Authorizing Advertisement for Bids for the
Badger Football Field Lighting Project, as Amended". Motion passed 5/0.
SHOEWOOD CITY COUNTlL REGULAR MEETING
March 26,2007
Page 14 of 15
11. STAFF AND COUNCIL REPORTS
A. Administrator & Staff
Administrator Dawson stated SLMPD Chief Litsey wanted to address Council regarding future directions
and trends for the SLMPD. Chief Litsey suggested a meeting date and time of Monday, April 16, 2007, at
5:30 P.M. Councilmember Woodruff stated he thought there was another meeting scheduled for that
evening. Dawson stated Hennepin County was having the open book sessio~l!f?r property valuations that
same evening beginning at 5:00 PM, but that could be held in the confe0rpceTqpm; the meetings were
one-on-one meetings. Woodruff stated he planned on attending tJ;t~nCounty's open book session.
Woodruffthen stated the meeting with Chief Litsey could be schedul~df~r&pril 16,2007.
There was Council consensus to schedule the work session wit/1SLMPD ChiefJj,irsey for Monday, April
16,2007, at 5:30 PM.
In response to a question from Councilmember
work session was to obtain feedback from Council
be updated on trends for law enforcement.
Dawson statedtfj~:pu.rpose of the
for theiSLMPD and to
to
held on March 22,
Director Brown stated a 2008 Arctic Fever
Director Brown stated the Amlee Road /
2007, was well attended.
In response to a
ServiceMaster had revie
and the City was a~,.'
payment from Ascendin
Nyambu had not returned
Dawson stated that
the house to a habitable condition
He then stated the City had not received
due rent and utility payments. APC Pastor
Council could direct Attorney Keane and Staff to initiate legal
Council would discuss alternatives that could be taken
a bid from ServiceMaster, and she wanted to have the
to continue with that discussion at this meeting. Callies stated
prepared to discuss alternatives, and she did not think it would be
Keane was prepared.
Attorney Keane not be comfortable making a recommendation until he understood the
full scope of the the scope of effort, timetable, and cost to restore the house to a habitable
condition. He then the City had an enforceable lease, and there were defaults under the lease as
well as remedies to pursue under the lease. One alternative would be to pursue the sponsoring agency for
costs associated with the default of the lease. If the threshold amount was less than $15,000, the City
could pursue an expeditious remedy in small claims court. It the threshold was more than $15,000 and the
City chose to seek a judgment, then the City could start a law suit. Councilmember Wellens stated he
would prefer the City take action as soon as it received the bid from ServiceMaster. Keane explained that
as soon as the City received the bid it could send a demand letter and assert its claim. Callies stated she
was not prepared to take action that would direct Keane to start a law suit; she wanted to evaluate
alternatives to addressing the situation. Councilmember Woodruff stated he was not prepared to have the
SHOE WOOD CITY COUNTIL REGULAR MEETING
March 26, 2007
Page 15 of 15
City start a law suit, but he would support sending a demand letter as soon as the restoration costs were
received from ServiceMaster. Mayor Lizee stated that approach was consistent with previous Council
discussions; Staff and Attorney Keane were more than capable of addressing that particular level of
action.
B. Mayor & City Council
Mayor Lizee stated there was an emergency preparedness meeting
Mound's public safety building.
for April 12, 2007 at
Councilmember Wellens stated that in a document from the State
did not have the implied authority to sponsor employee social
appreciation dinner.
it was stated that cities
an annual employee
Administrator Dawson explained that the City
volunteer their services to the City (in particular
Staff did have an employee pot-luck gathering during
an appreciation
. . .
vanous commIssIons
whicll. all employees
that
The City
to.
In response to a question from Councilmember Wellens, Admin\i$tJ:~tor Dawson explained the volunteers
could technically be considered terms of being ptdt~ytf~d in their actions. Wellens then
stated if volunteers could be considered sponsoring al1lf\ppreciation event for them could
be in violation of the document from the Dawson stCl.t~4Ilihe and Attorney Keane were
still in discussion regarding the matter.
12. ADJOURN
Council Work Session Meeting of March
Turgeon moved,
26,2007, at 8:50
Christine Lizee, Mayor
Craig W. Dawson,
CITY OF SHOREWOOD
CITY COUNCIL WORK SESSION
MONDAY, MARCH 26, 2007
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:30 P.M. or Immediately following
the Regular City Council meeting
MINUTES
1. CONVENE CITY COUNCIL WORK SESSION
Mayor Lizee called the meeting to order at 9:02 P.M.
A. Roll Call
Also Present: Liquor Operations Manager
Municipal Beverage Association
Wellens
Administrator
Present. Mayor Lizee; Councilmembers Callies,
Dawson; and Finance Director Burton
Executive
Minnesota
Absent:
None
had expressed concern about the City being in the liquor
was prepared for Council to review should it consider
stopping the that business. He then stated the information depicted that the City
had been operations for the last few years, although it was barely profitable in
2006 once the factored out. He acknowledged the very good job Mr. Swandby had
done in fine-tuning operations. The personnel costs were detracting from the profitability, as
well as the decline in He suggested Council consider reducing the liquor store operations staff by
one full-time equivalent (FTE) position.
for the meeting.
B.
Review Agenda
Without objection from
2.
Administrator
evaluate the direction
Liquor
them
Committee met the week of March 19,2007, to
operations should be taking. On behalf of the
and related supportive documents (many of
Woodruff) were assembled for Council for use
stated Council may want to consider the final 2006 financial
discussion.
Dawson stated Paul Kaspszak, Executive Director Minnesota Municipal Beverage Association, was
present this evening to answer any questions Council may have.
Mr. Kaspszak provided an overview of the history of municipal liquor stores and what was going on in
the industry. He indicated the purpose of municipal liquor stores today was to control the distribution of
alcohol while simultaneously generating income for the community. Off-sale municipal liquor operations
have geographic exclusivity, but not competitive exclusivity. In Minnesota, there are more than 220 cities
1#2C I
CITY OF SHOREWOOD WORK SESSION MEETING
March 26, 2007
Page 2 of6
with off-sale or on-sale/off-sale combination municipal operations, operating approximately 250
facilities.
Mr. Kaspszak stated the trend was toward more off-sale liquor purchases due to things such as the high
cost of alcoholic beverages in establishments, and to the .08 DUI limit. The sale of wine in grocery stores
continues to be pursued, although it would be unlikely that it would be approved during this legislative
session. The sale of wine in grocery stores would not paralyze a municipal operation, although it may
impact how it operates.
Councilmember Callies questioned what Council hoped to
Administrator Dawson stated his intent was to provide
regarding the future of liquor operations, and to gain a sense of
at this work session.
would stimulate discussion
Council.
Mr. Kaspszak stated he shared the City's liquor operat.ip,n~
respected municipal liquor operations managers in the St{'lty;.'What manager
be high after a quick review of the information.
with one of the
costs appeared to
i..,,).,
Councilmember Wellens stated the City's net profilH~fnr perce~.tllt~isales in 2005 the
amount for the average identified in a comparison of m~tmP?Htrfliarea city liquor store operations in
2005. Mr. Kaspszak stated that may or ma~.~ot be a valid cQmR{'l~ison; it would depend on how each city
dealt with various components of its finan.fi~rIR)~.aspszak stateqJPr.re were too many variables to make a
valid assessment unless each city's inform~t~Rni\NrRiD~~iewed in;q~triI. Wellens stated because the 2004
net profit as a percent of sales comparisoni~~;lres';'Y~m;R~milar,Hei:tn?ught it was a valid comparison.
Kaspszak clarified that net profit as a percent;?f:sales w;rRifM8H!rtedQ~iqividing the net profit by gross
sales. Councilmember WoodH~lfmmpmented tqrt:I.5(1Pltji2.5%:I1'\1fRit.he net profit as a percent of sales
range for a supermarket;fp,niHquo[JmRrations th~lifipwe should be significantly higher. Kaspszak stated
the figure should be apPn:?({imately 5%.{qr a liquor~tqre in the metropolitan area.
Mr. Swandby distributed and explained the following summary financial statement comparison reports
for the Waterford and Plaza stores combined for January 1, 1998, - December 31,2006: the combined
sales report; th,e combined liquor sales percentage by personnel report; and the combined liquor sales by
percent repqrt. He hig . hted the impact various surrounding stores and their openings and closings had
on sales~.He then exp that a gross profit (= sales - cost of goods sold) percentage figure of 25%
would be considered fa rable; for the last five years it approximated 27% which would imply that
purchasing was being done correctly and there was minimal inventory loss.
Mr. Swandb~llRtrted that wh1fillhe reviewed the net operating income ( = gross profit - operating
expenses) corrtp~r1R?ns, it be~rmi~ apparent to him that personnel costs were high. He recommended that
the liquor operatiRnRi staffi:Rr reduced to two FTE's from three FTE's; he would assume the
responsibilities for tijrm~iRt;~p.g FTE, and part-time help would need to be added. That staffing change
would result in a saving~h6f approximately $43,000 per year. He also explained that 2006 had a net
operating income loss of approximately $15,000. If depreciation of approximately $33,000 was not
included in the expenses, there would have been a net operating income gain of approximately $18,000.
Councilmember Wellens clarified that the reason he asked Council to discuss the future of the City's
liquor operations business was mainly financial and a little philosophical; it was not about Mr.
Swandby's performance.
Wellens stated he had attended the Liquor Operations Committee meeting last week and he had reviewed
all the information provided. His recommendation was to close the Waterford Store as soon as the lease
for the store expired, and to put the Shorewood Plaza Store up for sale. He stated the potential move
CITY OF SHORE WOOD WORK SESSION MEETING
March 26, 2007
Page 3 of 6
toward the sale of wine in grocery stores would be a small risk. He commented that the trend was to close
municipal liquor operations in Minnesota: there were 280 in 1995 and there were 255 in 2004. He
questioned why the third FTE position had not been eliminated 10 years ago, which could have resulted
in savings of approximately $350,000 during that time.
Councilmember Callies stated she thought she understood that Councilmember Wellens wanted to leave
the liquor operations for both philosophical and financial reasons. She commented if the City were not
already in the business she would not be in support of entering into it. She stated because the lease
for the Waterford Store was expiring, now could be an opportune time to store down. She stated
the performance of that store had not been bad, although it was not a source of revenue for the
City. She stated previous analysis indicated that it would not be a move to only have one
store. Therefore, she questioned what the financial impact be stores operational until the
lease for the Shorewood Plaza Store expired (in October 2008), way to synchronize the
leases so they would expire at the same time.
Mr. Kaspszak stated it was good the Council was
considered liquor operations as a legitimate
run by a part-time person. He commented that
their liquor operations and exiting from their
recommendation either way.
the situation. It app~~~ed that the City
was a from 1 0 year~;::tgo when it was
building theitHown stores for
clarified he was not making a
the
easIer
explained the lease cost for the
than $750,000 not to exceed $1
a year-long lease (it was
if the staffing changes he
both should be roughly equivalent.
grocery stores was a big risk, he did think the
in. Administrator Dawson explained how
In response to a question from
Waterford Store was $55,000 per year plus
million per year. Swandby stated it was
currently renewed on a
recommended were
Although he did not
stores may have to
the current lease for
Director
large
made a profit each year recently, albeit not a
at the Waterford Store increased to more than $750,000 then
needed to have various repairs done. Therefore, it may be
clarified the credit card processing rates were the same for both stores.
and they varied based on sales volume.
In response to a Councilmember Turgeon, Mr. Swandby explained physical inventory
counts were done at each store. Last year there was a shortage of approximately $600 at the
Waterford Store, and the year before that it was high by approximately $200. There was not a theft issue
at the store.
Director Burton stated one alternative to the situation could be to take the liquor operations combined
balance of approximately $360,000 and put both stores on the market. If they sold for $400,000 the City
would have $750,000 to invest at 5%, which would result in annual earnings of $37,500 per year and that
would be close to the yearly transfers from the liquor operations to the General Fund. Mr. Swandby
stated a rule-of-thumb for the sale of a liquor store would be 40% of the inventory plus fixtures and
furnishings.
CITY OF SHOREWOOD WORK SESSION MEETING
March 26, 2007
Page 4 of6
Councilmember Woodruff stated he was mystified as to why the 2007 liquor operations budget was
approved with an operating loss. Mr. Swandby stated depreciation was included in the budget. Woodruff
stated when he reviewed the gross profit for previous years, the approximate numbers were: 2004 =
$590,000; 2005 = $559,000 and 2006 = $533,000. Yet the 2007 budgeted gross profit was approximately
$578,000. He questioned why the 2007 budgeted gross profit was so much greater than 2005 and 2006.
He stated the increase in projected sales for 2007 seemed opposite of what the trend had been in 2005
and 2006; therefore, how believable are the sales projections. Mr. stated it may be more
appropriate to use 2006 actual numbers as a base.
Councilmember Callies questioned what would be an acceptable
achieve to keep the stores operational. If the objective is to close
determining a rationale for doing so.
and net operating income to
there is no advantage to
Mayor Lizee stated Council needed to consider its inj?i'f(~~llent in the
perspective as an employer, the service it provides ...~mf~t~ community, and its
determining the future of the business. She stated sh1lmp,tJght it woul,?I(be prudent to
beneficial to extend the Waterford Store lease one ye~lm:d keep;~~~fistore
term viability of remaining in the business or getting otJ~i~fthe:~p~iness was assessed.
how the City would compensate for the lost by cldSlngtWFstores.
business, its
when
it would be
the long-
questioned
Councilmember Wellens again
Plaza Store up for sale.
Waterford'$t9W be closed, and put the Shorewood
Councilmember
Shorewood Plaza Store
for the
budget
to the
Store to try and get the
the one FTE, and make the decision
Plaza Store expired.
Councilmember Callies
lease expirations for the
about exiting the
Callies to say that operating only the
the extra cost for a month-to-month lease
He also stated he did not believe the 2007
operations at a loss, then Council would have to explain
the City was operating a business at a loss.
Mr.
"put $18,359 in the bank".
operating loss for a couple of years, and it explained the reasons for
Councilmember
convinced that now
lease obligation.
she was not advocating operating the business at a loss. She was not
time to close the Waterford Store because of the Shorewood Plaza Store
Councilmember Woodruff recommended the Waterford Store be closed and to continue operations at the
Shorewood Plaza Store while it was put up for sale; and if there was no one willing to buy the store for
an acceptable price, then continue operating the store, provided it could be run at a profit.
Councilmember Turgeon recommended the Waterford Store be closed, and continue operations at the
Shorewood Plaza Store while it was put up for sale. She commented that the Waterford Store would
require some remodeling if it were to stay in operation. Mr. Swandby stated that remodeling at a cost of
$30,000 could be delayed.
CITY OF SHOREWOOD WORK SESSION MEETING
March 26, 2007
Page 5 of6
Councilmember Callies stated that by recommending the sale ofthe store it implied Council did not want
to continue to operate the store if it made a profit. She questioned if the discussion was really about profit
or was it actually about getting out of the business.
Mayor Lizee stated the chance for improved liquor operations profitability would be more likely if both
stores remained operational until the second lease expired. If the Waterford Store lease could be
extended at a lower lease rate that would improve profitability.
Mr. Swandby stated if the leases remained the same and he reduced
would make equivalent profit. He stated it was likely the City
Waterford Store.
recommended, both stores
better lease terms for the
Administrator
basis for now.
of the Finance
In response to a question from Mr. Kaspszak, Director
staff was allocated to doing work related to liquor
Councilmember Wellens's recap of the
Waterford Store and put the Shorewood Plaza Store
to close the
Councilmember Callies stated she
liquor operations business regardless of
wanted the City to get out of the
Mr. Kaspszak questioned if the direction
was it to reevaluate the viability of
Councilmember Turgeon
concurred.
the Shorewood Plaza Store, or
the lease was about to expire.
Councilmember Wellens
Mayor Lizee stated
Mr. Swandby stated
store. If both stores
spend an
on operating expenses if one store was closed.
and he spends one-half of his time at each
staffing changes were implemented, he would
Counc'
Plaz~:
time; 'i
$42,000
there
to be provided with a draft budget reflecting the Shorewood
expense projections. Mr. Swandby stated it would take some
minus a $17,000 one-time expense and a reduction in
stated payroll expense could be reduced further because
lease for the Waterford Store would continue on a month-to-month
There was Council
to reduce the liquor operations staffing by one FTE.
Staff stated it would have alternative scenarios prepared for closing the Waterford Store for the May 14,
2007, Council meeting.
After discussion, there was Council consensus to allow staff to pursue a reduction in the month-to-month
lease rate.
CITY OF SHORE WOOD WORK SESSION MEETING
March 26, 2007
Page 6 of 6
3. OTHER
There was no other business for discussion.
4. ADJOURN
Wellens moved, Woodruff seconded, Adjourning the City Council Work Session Meeting of March
26,2007, at 10:26 P.M. Motion passed 5/0.
ATTEST:
RESPECTFULLY SUBMITTED,
Christine Freeman, Recorder
Craig W. Dawson, City Administrator/Clerk
PAYABLESAPPROVALS
For 04/09/2007 Council Meeting
( ,
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Prepared byZ<? .., ... '
Michelle T. Nguye
Reviewed by: Date:
Bonnie Burton, Finance Director
Date:
wson, City Administrator
it- ?J- It
PAYROLL APPROVALS
For 04/09/2007 Council Meeting
/1 $ p'l
L('-/ Date:
Michelle T. Nguyen, r. Afcounting Clerk
Reviewed by: ~~I3eUilpL~ Date:
Bonnie Burton, Finance Director
Date:
Approved by:
Crai
son, City Administrator
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD' SHOREWOOD, MINNESOTA 55331-8927' (952) 474-3236
FAX (952) 474-0128. www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us
Celebrating 50 Years. 1956 - 2006
MEMORANDUM
TO: City Council
FROM: Craig W. Dawson, City Administrator
DATE: April 5,2007
SUBJECT: Elimination of Liquor Operations Position; Employment Layoff
On March 26,2007, the City Council reviewed the financial performance of the City's off-sale liquor
operation and discussed its future. While further discussion about the future of the enterprise was
scheduled for May 14, the Council concurred with the need for some immediate actions. One of
these actions was the elimination of one of the three full-time positions in Liquor Operations.
The full-time positions in Liquor Operations are:
(1) Liquor Operations Manager (salary range: $58,560 minimum; $77,050 market; $84,755 max.)
(2) Assistant Liquor Operations Manager (salary range: $39,535 minimum; $52,020 market;
$57,220 max.)
(3) Liquor Clerk (salary range: $25,720 minimum; $33,845 market; $37,225 max.)
Staff is recommending the elimination of the Assistant Liquor Operations Manager position. The
Assistant function truly "assists" the Manager (see position description, attached). The management
responsibilities of the Assistant will be assigned to the Manager, including all supervision. None of
the responsibilities that currently differentiate the Assistant Manager from Clerk will be assigned to
the Liquor Clerk position. Liquor Operations will have one supervisor for one full-time and all part-
time positions. Part-time employees currently open and close the stores, and frequently perform their
duties without a supervisor present.
The elimination of the position will result in current annualized savings of $66,000-68,000. It is
anticipated that part-time staff will be needed to provide coverage of the clerking duties performed by
the Assistant Manager for those hours worked and that these annualized costs will be $20,000-
25,000. Thus, the annualized net savings in personnel costs would be $41,000-$48,000. In hindsight,
personnel cost savings of this magnitude would have resulted in positive financial performance for
Liquor Operations in 2006. Personnel costs in 2006 were 13-14 percent of sales, and industry
standards place these costs in the 10-12 percent range. Immediate action is required to reduce
personnel costs. Eliminating the Assistant Liquor Operations Manager position would appear to be
the most prudent course of action regarding management of personnel costs in order to restore
profitabilitY'for 2007 and future years.
,~
t' , PRINTED ON RECYCLED PAPER
"'..
Elimination of Liquor Operations Position;
Employment Layoff
April 9, 2007, City Council Meeting
Page 2
Employment Layoff: Should the Council approve the elimination of the Assistant Liquor Operations
Manager position, there would be no full-time position available for the current incumbent, Jim
Eischens. Mr. Eischens has been a very good employee during his years with the City of Shorewood.
According to the City's Employee Handbook, Mr. Eischens's employment layoff would be an
"involuntary elimination". With involuntary elimination, an employee is entitled to severance
benefits (i.e., pay for full balance in vacation leave and for 50 percent in sick leave). As Mr.
Eischens is a military veteran, he is covered by provisions in Minnesota's Veterans Preference Act.
Under the Act, he will have 60 days from his layoff notice to petition the District Court or the
commissioner of Department of Veterans Affairs to request a hearing whether the elimination of the
position was done "in good faith".
Staff is recommending that the position be eliminated starting April 15, 2007, to accommodate
scheduling and to coincide with the end of a pay period.
The City Council has sole authority regarding employment layoffs. The City Administrator has
responsibility to recommend actions by the City Council regarding employment matters.
City Council Action:
The City Council has the sole authority regarding employment layoffs. I recommend that the
Assistant Liquor Operations Manager position be eliminated effective April 15, 2007, and that
the position incumbent be provided with the notice of layoff.
CITY OF SHOREWOOD
POSITION:
Assistant Liquor Store Manager
Department:
Reports to:
Liquor Operations
Liquor Operations Manager
OBJECTIVE AND SCOPE
Assists in managing the operation of the City's Liquor Stores.
ESSENTIAL FUNCTIONS OF THE POSITION
A. Assists in Planning, Organizing and Directing Liquor Operations.
1. Performs general bookkeeping duties including entering invoices, credits and other
financial transactions in Liquor Store database and makes daily bank deposits.
2. Monitors and maintains liquor store inventory, orders supplies, transfers inventory
between stores, performs quarterly inventory counts and analyzes daily sales reports.
3. Prepares and reviews month end sales and gross profit reports; research problems and
submit results to the Liquor Operations Manager.
4. Recommends new products to the Liquor Operations Manager.
5. Verifies deliveries and sets up displays.
6. Assists in enforcing all policies and procedures.
7. Maintains cleanliness for customer convenience and proper traffic flow in all stores.
B. Provides Customer Service
8. Assists customers in selecting and locating merchandise and answering questions.
9. Sells liquor, wine, beer and cigarettes to customers, including checking identifications
for proper age of customers, ringing up purchases on cash register, collecting money,
and making change.
10. Responds to customer inquiries and complaints.
C. Performs other duties as apparent or assigned.
Assistant Liquor Store Manager
Page 2
SUPERVISORY RESPONSIBILITIES
Directly supervises employees in the Department. Carries out supervisory responsibilities in
accordance with the City's policies and applicable laws. Responsibilities include training;
planning, assigning, and directing work; evaluating performance; and addressing complaints and
resolving problems of employees. Responsibilities also include the ability to effectively
recommend: hiring; disciplining employees; rewarding; transferring and promoting; suspending,
and demoting employees; and discharging employees.
QUALIFICATION REQUIREMENTS
To perform this job successfully, an individual must be able to perform each essential duty
satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or
ability required. Reasonable accommodations may be made to enable individuals with
disabilities to perform the essential functions.
EDUCATION and/or EXPERIENCE
High School Diploma or GED. Minimum of three (3) years progressively responsible
experience in a municipal liquor store; or equivalent combination of training and experience.
LANGUAGE SKILLS
Ability to read, and interpret policy and procedure manuals, catalogs, documents, and technical
information. Ability to prepare reports and correspondence. . Ability to communicate effectively
both orally and in writing with staff, customers, sales and delivery personnel, and the general
public.
MATHEMATICAL SKILLS
Ability to make computations using whole numbers, fractions, and decimals. Ability to calculate
rates, ratios, and percentages.
OTHER KNOWLEDGE, SKILLS AND ABILITIES
. Knowledge of municipal liquor store operations.
. Knowledge of computer operations and information systems.
. Knowledge of beers, wines and liquors.
. Ability to analyze data regarding retail performance.
Assistant Liquor Store Manager
Page 3
CERTIFICATES, LICENSES AND REGISTRATIONS
Valid Minnesota Class D Driver's License or the ability to obtain.
PHYSICAL DEMANDS
The physical demands described here are representative of those that must be met by an
employee to successfully perform the essential functions of this job. Reasonable
accommodations may be made to enable individuals with disabilities to perform the essential
functions.
While performing the duties of this job, the employee is regularly required to stand; use hands to
finger, handle, or feel objects, tools, or controls; reach with hands and arms; and talk or hear.
The employee is frequently required to walk. The employee is occasionally required to sit;
stoop, kneel, crouch or crawl; climb or balance; and taste or smell.
The employee must regularly lift and/or move up to 10 pounds and occasionally lift and/or move
up to 50 pounds. Specific vision abilities required by this job include close vision, distance
vision, and the ability to adjust focus.
WORK ENVIRONMENT
The work environment characteristics described here are representative of those an employee
encounters while performing the essential functions of this job. Reasonable accommodations
may be made to enable individuals with disabilities to perform the essential functions.
While performing the duties of this job, the employee occasionally works in outdoor weather
conditions and is occasionally exposed to extreme cold.
The noise level in the work environment is usually moderate.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD' SHOREWOOD, MINNESOTA 55331-8927' (952) 474-3236
FAX (952) 474-0128. www.ci.shorewood.mn.us. cityhall@ci.shorewood.mn.us
Celebrating 50 Years. 1956 - 2006
MEMORANDUM
DATE:
April 4, 2007
CC:
Mayor and City Council Members
Jean Panchyshyn, Deputy Clerk F
Craig W. Dawson, City Administrator
TO:
FROM:
RE:
LIQUOR LICENSE RENEWALS
The Minnetonka Country Club and the American Legion Post #259 currently hold on-sale liquor
licenses in the City. Cub Foods currently holds a 3.2 percent off-sale malt liquor license. All
three licenses expire on May 31, 2007.
All three licensees have submitted appropriate liquor license documentation and license renewal
fees. Background checks were processed, and there were no disc10sable records for convictions
within the past year of any violation of laws relating to the sale of intoxicating liquor for the
American Legion Post #259, or for the off-sale of Malt Liquor for Cub Foods.
At the time of this writing, the background check for the Minnetonka Country Club was still in
process. Approval of the on-sale liquor license for the Minnetonka Country Club is conditional
upon a favorable background check. As no reports of violations have been received from the
South Lake Minnetonka Police Department during the past year, a favorable background check is
expected.
City Council Action
Adopt the Resolutions approving the on-sale Intoxicating Liquor and Special Sunday Sales
license for the American Legion Post #259; the 3.2 percent off-sale Malt Liquor license for
Cub Foods; and
Adopt the Resolution approving the on-sale Intoxicating Liquor and Special Sunday Sales
for the Minnetonka Country Club, contingent upon receipt of a favorable background
check.
,~
t , PRINTED ON RECYCLED PAPER
"'..
-#-3~
CITY OF SHOREWOOD
RESOLUTION NO. 07-_
A RESOLUTION APPROVING INTOXICATING LIQUOR LICENSE ON-SALE
INTOXICA TING LIQUOR & SPECIAL SUNDAY SALES
WHEREAS, the Shorewood City Code, Sections 402.02, 403.05, 1300.01 and 1300.02,
provides for the licensing of the sale of intoxicating liquor in the City and requires a special
license for Sunday sales; and
WHEREAS, said Code provides that an applicant shall complete an application, shall
fulfill certain requirements concerning insurance coverage, and shall pay a licensing fee; and
WHEREAS, the following applicant has satisfactorily completed an application, and has
fulfilled the requirements for the issuance of a license for the "on-sale" of intoxicating liquor and
for a special license for "Sunday Sales".
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
That a License for the "on-sale" of intoxicating liquor and a special Sunday License for
sales be issued for a term of one year, from June 1, 2007 to May 31, 2008, consistent with
the requirements and provisions of Chapter 400 of the Shorewood City Code, to the
following applicant:
Applicant
Address
American Legion Post #259
24450 Smithtown Road
Shorewood, MN 55331
ADOPTED by the City Council of the City of Shore wood this 9th day of April, 2007.
ATTEST:
Christine Lizee, Mayor
Craig W. Dawson, City Administrator/Clerk
CITY OF SHOREWOOD
RESOLUTION NO. 07-
A RESOLUTION APPROVING A 3.2 PERCENT "OFF-SALE"
MALT LIQUOR LICENSE SALES
WHEREAS, the Shorewood City Code, Sections 402.05 provides for the licensing of the
sale of 3.2 percent malt liquor in the City; and
WHEREAS, said Code provides that an applicant shall complete an application, shall
fulfill certain requirements concerning insurance coverage, and shall pay a licensing fee; and
WHEREAS, the following applicant has satisfactorily completed an application, and has
fulfilled the requirements for the issuance of a license for the "off-sale" of 3.2 percent malt liquor
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
That a License for the "off-sale" of 3.2 percent malt liquor be issued for a term of one
year, or that portion thereof, from June 1, 2007 to May 31, 2008, consistent with the
requirements and provisions of Chapter 400 of the Shorewood City Code, to the
following applicant:
Applicant
Address
Shorewood 2001 L.L.C,
Dba, Cub Foods
23800 State Highway 7
Shorewood, MN 55331
ADOPTED by the City Council of the City of Shorewood this 9th day of April, 2007.
ATTEST:
Christine Lizee, Mayor
Craig W. Dawson, City Administrator/Clerk
CITY OF SHOREWOOD
RESOLUTION NO. 07-
A RESOLUTION APPROVING INTOXICATING LIQUOR LICENSE ON-SALE
INTOXICATING LIQUOR & SPECIAL SUNDAY SALES
WHEREAS, the Shorewood City Code, Sections 402.02, 403.05, 1300.01 and 1300.02,
provides for the licensing of the sale of intoxicating liquor in the City and requires a special
license for Sunday sales; and
WHEREAS, said Code provides that an applicant shall complete an application, shall
fulfill certain requirements concerning insurance coverage, and shall pay a licensing fee; and
WHEREAS, the following applicant has satisfactorily completed an application, and has
fulfilled the requirements for the issuance of a license for the "on-sale" of intoxicating liquor and
for a special license for "Sunday Sales".
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
That a License for the "on-sale" of intoxicating liquor and a special Sunday License for
sales be issued for a term of one year, from June I, 2007 to May 31, 2008, consistent with
the requirements and provisions of Chapter 400 of the Shorewood City Code, to the
following applicant:
Applicant
Address
Minnetonka Country Club
24575 Smithtown Road
Shorewood, MN 55331
ADOPTED by the City Council of the City of Shore wood this 9th day of April, 2007.
ATTEST:
Christine Lizee, Mayor
Craig W. Dawson, City Administrator/Clerk
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD' SHOREWOOD, MINNESOTA 55331-8927' (952) 474-3236
FAX (952) 474-0128. www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us
Celebrating 50 Years. 1956 - 2006
MEMORANDUM
TO: Mayor and City Council
Craig Dawson, City Administrator
DATE:
James Landini, City Engineer !) "-
April 5, 2007
FROM:
RE:
Authorization for Expenditure of Funds for Seal Coat Aggregate.
Engineering File No. 07-02.
This item is consideration to accept quotes for purchase of FA 2 Grey Granite Seal Coat
Aggregate for the Cities of Shorewood and Tonka Bay. By joining projects with the
Cities of Shorewood and Tonka Bay, the Quote price should be lower as a matter of
economy of scale.
As part of the Operating Budget, funds are set aside each year for Bituminous Seal
Coating of Streets. 2007 has budgeted $62,000 for acquisition of general supplies
which include rock and aggregates.
Quotes from two suppliers were obtained and attached. The low bidder is Martin
Marietta Materials, Inc in the amount of $12,675 plus tax. The City of Shorewood portion
of this quote is $6,337.50 plus tax.
Streets chosen for 2007 seal coating are:
Clover Lane, Club Valley Road, Country Club Road, Echo Road, Elder Turn, Gillette Curve, Lake
Linden Drive, Lawtonka Drive, Mary Lake Trail, McLain Road, Pleasant Avenue, Riviera Lane,
Shorewood Lane, Spruce Hill Court, Tee Trail, Timber Lane, Wood Drive, Maple Street,
Yellowstone Trail
A map showing the selected streets is attached.
Recommendation
Staff recommends approval of a motion that accepts the quote from Martin Marietta
Materials, Inc. for seal coat aggregate.
,~
" . PRINTED ON RECYCLED PAPER
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INDICATES PRIVATE
STREETS
STREETS IN PROPOSED
PROJECT AREA
NONE '" ~ 2007
PlAN BY: OEStGNllY: BITUMINOUS SEAL COATING PROPOSED PROJECT
BeB 'xx
CHECKEOBY: OF STREETS AREA MAP
JAl 07 02
CITY OF CITY PROJECT NO. 07-02
xxx 03/26/07 SHOREWOOD
Mar 19 07 O?~20a
Cit~ Shol"'@wood
9524740128
p.13
PROPOSAL l'-uRM
FOR THE FURNISHING OF
FA-2 GRAY GRANITE SEAL COAT AGGREGATE
FOR THE CITIES OF
SHOREWOOD AND TONKA BAY, MINNESOTA
2001
TOTAL QUOTE
$.~Ll- I ~ 1)
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QUOTER'S FIRM NAME: fv11\\'t. T 1 N {V\ Vr-~ I [;: 11ft
~D*~S7 St~f,.~J ~ ~'D2-
-uj:~ 2Z-"f - 2.111 - -
t-2.' - 2../''-';
PHONE NUMBER:
FAX NUMBER:
To The City Councils of:
Shorewood., Minnesota
5755 Country Club Road
Shorewood, MN 55331
Tonka Bay, Minnesota
4901 Manitou Road
Tonka Bay, MN 55331
City Officials:
1. The following proposal is made for furnishing and delivery ofFA-2 Gray Gl'anite Seal Coat
Aggregate within the Cities of Shorewood and Tonka Bay, Mimu,sota.
2. The Undersigned certifies that the Contract Documents listed in the Instructions to finns
providing quotes or proposals have been carefully examined, and that the site of the work
has been personally inspected. The Undersigtled declares that the amount and nature of the
work to be done is understood, and that at no time will misunderstanding of the Contract
Documents be pleaded. On the basis of the Contract Documents, the Vndersignoo proposes
to fumish all necessary apparatus to furnish all the materials in the manner specified, to
accept as full compensation, therefore, th~ sum of the various products obtained by
multiplying each unit price herein bid for lhe work or materials, by quantities thereof
actually incorporated into the completed project. as detennined by the Engineer. The
. Undersigned understands that the quantities mentioned herein are approximate only, and are
subject to increase or decrease, and hereby proposes to perform all quantities of work as
either inoreased or decreased, in accordance with the provi~ions of the specifications, at the
unit prices quote in the following Proposal Schedules, unless such schedule designates lump
sum or plan quantity quotes.
3. PRO~OSAL SCHEDULE: Quoter agrees to perform all work described in the
specific=--tions for the following unit prices including all taxes and applica.ble fees and DO
request for additional fuel surchurges will be approved by tbe engiueer 0.. auy other city
representatives involved in the project:
, i Seal Coat Aggregate Quote Z007
PF -1
2:0 39\i'd
\i'..Ll3HNW NIl(:J\i'W
EII2:5U02:E
2:p:E2: LOO2:/51/EO
Mar 1S 07 07:20a
Citl:.1 Shorewoi:)d
9S2474012S
p.14
PROPOSAL FORM
S~CTION 1.0
Citv of Shorewood - Estimated Quantities for FA~2 Gray Granite Seal Coat
Aln~regate
Item
Quantit,:: Unit Price I!!.t!!
250 Ton $ 2.5 I '3 S-- !ron $
'p/.t<<. ~
Lwnp SUlu $
1. FA-2 Gray Granite
Seal Coat Aggregate
2. Total Freight Costs to
Shorewood Public
W orks F~lcility
~CTION 2.0
NOIE :
I j'-/" ~.l' tn. '7:S- / m..
/.1.J va.k "'" .1 '6. '1' 0 !--fw.
; "2. ~~. :; r
$ ~ 337. So f~'~~
3. SUBTOTAL 1
'-----
City of Tonka BaI.- Estimated Quantities for F A-2 Gray Granite Seal Coat
Aggregate
Item
2Pantit~ Unit Pric~ !!!1!!
250 Ton $ 25. ,S- rrOll $
fb~ $
Lump Sum
1. F A-2 Gray Granite
SealCoat Aggregate
2. Total Freight Costs to
Tanka Bay Public
Works Fa.cility
3. SUBTOTAL 2
$ ~ '$" 1. fo f tuf ~
Total Quote = Subtotal 1 + Subtotal 2
$ /2} {'7j f~( W
(This total shall also be noted top left of page 1 of this proPQsaljorm
"
Seal Coat Aggregate Quote 2007
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Cit::l Shor@wood
5524740128
p.15
PROPOSAL FORM
4. The Contract shall be awarded to the lowest responsible firm with the lowest quote for the
Total Quote,' as defined above. The Owner reserves the right to delete any items ofthe
proposal form.
S. "Total Freight Costs'; shaH be all costs for tabor, materials, and machinery foI' hauling the
specified materials and delivery to the destination indicated for each municipality.
6. The Undersigned fmher proposes to execute the Contract Agreement within ten (10) days
after notice of tile award of contract has been received. The Undersigned further proposes to
begin work as specified. to complete the work on or before date specified.
7. In submitting this proposal it is understood that the right is reserved by the Owner to reject
any or all proposals and to waive informalities.
8. In submitting is proposal, the Undersigned acknowledges receipt of Addenda
Nos.. tJ issued to the Contract Documents.
9. If a corporation> what is the state of incorporation 7
--100 (?T7+- C ft~o [...- { ~. ""
1 O. If a partnership; state full name of all co~partners.
Official Address
flY ~. 1517
Sr-~ L~O , M~
Sk3DL-
Firm Name: J1] 'ftR- r (rJ tv\. kR-l fTTA- M A-T1::.f- I A- L--$
By: D~ DO\L..INS~I~
Title: S~l,....e-S I we r+rJl (4H_ S1=-(L v'(~~
By:
Title:
Dated '3 ''''-lo
, 2007
. i seal Coat Aggregate Quote 2007
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Cit:::J Shorewood
9524740128
p.13
r-
PROPOSAL FORM
TOTAL QUOTE
$/bJI7h.
FOR THE FURNISHING OF
FA-2 GRAY GRANITE SEAL COAT AGGREGATE
FOR THE CITIES OF
SHOREWOOD AND TONKA BAY, MINNESOTA'
2007
QUOTER'S FIRM NAME~r~~.. -r.: i)"""R,.c.K "J:.....
OFF! AD SS:, () (00 E ~v-e.... .,
.0. t
'V 0
PHONE NUMBER:
FAX NUMBER:
,.
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...
To The City Councils of:
Shorewood, Minnesota
5755 Country Club Road
Shorewood, MN 55331
Tonka Bay, Minnesota
4901 Manitou Road
Tonka Bay, MN 55331
.-
;
City Officials:
1.
~li.
~"
The following proposal is made for furnishing and delivery ofFA-2 Gray Granite Seal Coat
Aggregate within the Cities of Shore wood and Tonka Bay, Minnesota.
2.
The Undersigned certifies that the Contract Documents listed in the Instructions to firms
providing quotes or proposals have been carefully examined, and that the site of the work
has been personally inspected. The Undersigned declares that the amount and nature of the
work to be done is understood, and that at no time will misunderstanding of the Contract
Documents be pleaded. On the basis of the Contract Documents, the Undersigned proposes
to furnish all necessary apparatus to furnish all the materials in the manner specified, to
accept as full compensation, therefore, the sum of the various products obtained by
multiplying each unit price herein bid for the work or materials, by quantities thereof
actually incorporated into the completed project, as determined by the Engineer. The
. Undersigned understands that the quantities mentioned herein are approximate only, and are
subject to increase or decrease, and hereby proposes to perform all quantities of work as
either increased or decreased, in accordance with the provisions of the specifications, at the
unit prices quote in the following Proposal Schedules, unless such schedule designates lump
sum or plan quantity quotes.
.::..1
~~?~
>
3. PROPOSAL SCHEDULE: Quoter agrees to perform all work described in the
specifications for the following unit prices including all taxes and applicable fees and no
request for additional fuel surcharges will be approved by the engineer or any other citY
representatives involved in the project:
PF - 1
Seal Coat Aggregate Quote 2007
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Cit~ Sharewood
9524740128
p.14
PROPOSAL FORM
SECTION 1.0
City of Shorewood - Estimated Quantities for FA-2 Gray Granite Seal Coat
Aggregate' .
Item
Ouantitx
Unit Price
. .
Total
1. FA -2 Gray Granite
Seal Coat Aggregate
250 Ton
, .
$.aa.55:jTon*' $.55f~.
,
.
2. Total Freight Costs to
Shorewood Public
Works Facility
Lmnp Smn
$~,500.
3. SUBTOTAL 1
$<l,05{f(. *-
~
~.
SECTION 2.0
City of Tonka Bay - Estimated Quantities for F A-2 Gray Granite Seal Coat
Aggregate
Item
Quantity Unit Price Total
250 Ton $~.~~ /Ton*" $ 6, 5g~.
Lump Sum $ ~ 500.
J
1. FA~2 Gray Granite
Seal Coat Aggregate
2. Total Freight Costs to
Tanka Bay Public
Works Facility
3. SUBTOTAL 2
$ &'.0 g8'. X-
I
Total Quote = Subtotal 1 + Subtotal 2
=
$ lip ./7/P.
/
(This total shall also be noted top left o/page 1 of this proposalfonn
Seal Coat Aggregate Quote 2007
* Plus -co.X- J ^~ AppJ;~/e.
PF-2
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19 07 07:31a Cit~ Shorewood
;(10 4C5~ QL1!::::::1
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9524740128
10.15
PROPOSAL FORM
4.
The Contract shall be awarded to the lowest responsible firm with the lowest quote for the
Total Quote, as defined above. The Owner reserves the right to delete any items of the
proposal form.
5. "Total Freight Costs" shall be all costs for labor, materials, and machinery for hauling the
specified materials and delivery to the destination indica.ted for each municipality.
6.
The Undersigned further proposes to execute the Contract Agreement within ten (10) days
after notice of the award of contract haS been received. The Undersigned further proposes to
begin work as specified, to complete the work on or before date specified.
7. In submitting this proposal it is understood that the right is reserved by the Owner to reject
any or all proposals and to waive informalities.
8.
In submitting this proposal, the Undersigned acknowledges receipt of Addenda
Nos. issued to the Contract Documents.
9.
If a Corporation, what is the state of incorporation?
\fJJ.
10. If a partnership, state full name of all co-partners.
Official Address
Dated ,,3 -19_, 2007
Seal Coat Aggregate Quote 2007
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Mar 19 07 07:29a
Cit~ Shorewood
9524740128
p.12
SPECIAL PROVISIONS
1. DESCRIPTION OF WORK
A. The work shall consist of delivery of FA-2 (A) Gray Granite Seal Coat Aggregate to
locations specified on the two location maps shown on items 18 and 19 in the
Instructions to Quoters.
B. Time of completion - All materials will be delivered to designated sites listed on pages.
2. WORK. SCHEDULE
A. Construction Period - Supplier will coordinate delivery of Aggregate with the City
Public Works Department of all cities.
...
B. Preconstruction Meeting - Not Applicable
c. Working Hours
All work to be conducted under this CONTRACT shall be completed between the hours
of7:00 AM to 3:00 PM (CST).
C. The supplier of materials shall organize and coordinate its work such that it will not
inconvenience the public or Public Works facility areas in all cities.
L
3.
TRAFFIC CONTROL - Coordinate d~livery with all Public Works Departments.
I"
4.
MATERIALS
"'t~
A. Cover Aggregate Furnished By the Supplier (Note: change of specifications and
year of publication.)
1. Cover aggregate shall be F A-2 (A) Gray Granite Seal Coat Aggregate. All aggregate
shall meet the requirements ofMN/DOT 3127 Year 2005 edition.
Seal Coat Aggregate Quote 2007
SP~ 1
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD' SHOREWOOD, MINNESOTA 55331-8927' (952) 474-3236
FAX (952) 474-0128 . www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us
Celebrating 50 Years. 1956 - 2006
MEMORANDUM
TO: Mayor and City Council
Craig Dawson, City Administrator
FROM:
James Landini, City Engineer 9- r.
April 5, 2007
DATE:
RE:
Resolution Accepting Plans, Specifications and Authorizing
Advertisement for Bids for Bituminous Sealcoating of Streets for 2007.
As part of the Operating Budget, funds are set aside each year for Bituminous Seal
Coating of Streets. 2007 has budgeted $62,000 for this project.
Streets chosen for 2007 seal coating are shown on the attached map and are:
Clover lane, Club Valley Road, Country Club Road, Echo Road, Elder Turn, Gillette Curve, lake
Linden Drive, lawtonka Drive, Mary lake Trail, Mclain Road, Pleasant Avenue, Riviera lane,
Shorewood lane, Spruce Hill Court, Tee Trail, Timber lane, Wood Drive, Maple Street,
Yellowstone Trail
The Cities of Shorewood and Tonka Bay are letting a joint sealcoating project. This will
allow the cities to take advantage of economies of scale.
The total budgeted amount is comprised of two major components. The first component
is the purchase of sealcoat rock. The remainder of the total budgeted amount is the
portion for sweeping of roadways, furnishing and application of bituminous oil on the
roadways, and the placement of owner furnished sealcoat rock. This component is the
piece that has yet to be advertised and publicly bid.
Therefore the attached resolution approves the plans and specifications for such
services and authorizes the advertisement for bids. If approved, the bid opening for this
project is scheduled for 10:00 a.m., Wednesday, May 9,2007.
Recommendation
Staff recommends approval of the attached resolution that approves the plans and
specifications for the Bituminous Sealcoating of Streets for 2007, and authorizes
advertisement for bids.
,~
" , PRINTED ON RECYCLED PAPER
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STATE HWY NO 7
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INDICATES PRIVATE
STREETS
STREETS IN PROPOSED
PROJECT AREA
ru.v5lQ~ ~o """ ~ 2007
NONE XXX
"''' PROPOSED PROJECT
l'!.Nlar. O€SiGNilY: BITUMINOUS SEAL COATING
aea xxx
O1!Cl(W!lT CIN P~OJEtT """. OF STREETS AREA MAP
JAl 07 - 02
R(CC;lOCOi>Y!JT CITY OF CITY PROJECT NO. 07-02
xxx 03/26/07 SHOREWOOD
CITY OF SHOREWOOD
RESOLUTION NO. 07-
A RESOLUTION APPROVING SPECIFICATIONS AND ESTIMATE AND
AUTHORIZING ADVERTISEMENTS FOR BIDS
FOR BITUMINOUS SEAL COAT PROJECT 2007
WHEREAS, the City of Shorewood designates $62,000 for seal coating each year; and
WHEREAS, the Director of Public Works has identified streets within the City that need
bituminous seal coating; and
WHEREAS, the Director of Public Works has prepared Specifications and Estimate dated
April 9, 2007 for a joint project within the Cities of Shore wood and Tonka Bay for the 2007
Bituminous Seal Coating of Streets.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shore wood,
Minnesota:
1. The Specifications and Estimate was prepared by the Director of Public Works for
such improvement. Said Specifications and Estimate are hereby approved and shall
be filed with the City Clerk.
2. The City Clerk shall prepare and cause to be inserted in the official paper and in
Construction Bulletin an advertisement for bids, attached hereto as Exhibit A, upon
the making of such improvement under such approved plans and specifications. The
advertisement shall be published for 2 weeks, shall specify the work to be done, shall
state that bids will be opened and considered by the Council at 10:00 a.m. (CST), on
May 9,2007, in the City Hall Council Chambers, and that no bids will be considered
unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's
check, bid bond, or certified check payable to the Clerk for 5 percent of the amount
of each bid.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 9th day
of April, 2007.
ATTEST:
Christine Lizee, Mayor
Craig W. Dawson, City Administrator/Clerk
ADVERTISEMENT FOR BIDS
2007 Bituminous Seal Coating of Streets
For the Cities of Shorewood and Tonka Bay
Minnesota
NOTICE IS HEREBY GIVEN that sealed proposals will be received at the City Clerk's Office in
the City of Shorewood, Hennepin County, Minnesota at the Shorewood City Hall, 5755 Country
Club Road, Shorewood, Minnesota 55331, until 10:00 A.M. on Wed., the 9th day of May, 2007
and will be publicly opened at said time and place by two or more designated officers or agents of
the Cities of Shorewood and Tonka Bay. Said proposal to be for the furnishing and placement of
Bituminous Material and all labor for the placement of owner furnished Seal coat Aggregate.
1335 TON
28990 GAL
Placement of Owner Furnished F A- 2 Grey Granite Seal Coat Aggregate
Contractor Furnished CRS - 2 Bituminous Material for Seal Coat
Proposals arriving after the designated time will be returned unopened.
The bids must be submitted on the proposal form provided in accordance with the contract
documents, plans and specifications as prepared by the City of Shorewood, 5755 Country Club
Road, Shorewood, Minnesota 55331, which are on file with the City Clerk of the City of
Shorewood.
Copies of Proposal Form Specifications for use by the contractors submitting a bid may be obtained
from City Hall, City of Shorewood, 5755 Country Club Rd, Shorewood, Minnesota 55331, upon a
deposit (non-refundable) of Twenty Five Dollars and No Cents ($ 25.00) per set.
No Bids will be considered unless sealed and endorsed upon the outside wrapper, "BID FOR 2007
BITUMINOUS SEAL COATING OF STREETS" and filed with the City Clerk of the City of
Shorewood and accompanied by a cashier's check, payable to the City of Shorewood for 5% of the
amount of the bid to be forfeited as liquidated damages in the event the bid is accepted and the
bidder should fail to enter promptly into a written contract an furnish the required bonds.
The Cities of Shorewood and Tonka Bay reserve the right to reject any and all bids. No bids may be
withdrawn for a period of ( 30 ) days from the date of opening the bids.
Date: April 9, 2007
BY:
ORDER OF THE CITY COUNCIL
Craig W. Dawson, City Administrator
PUBLISHED IN:
The "Construction Bulletin"
The "Sun Sailor"
April 16th & April 23rd, 2007
April 19th & April 26th, 2007
2007 Bituminous Seal Coating
AFB
CITIES .
of
SHOREWOOD
and
TONKA BAY
MINNESOTA
PLANS & SPECIFICATIONS
FOR
2007 BITUMINOUS SEAL COATING
OF STREETS
Shorewood
City Project No. 07 - 02
APRIL 9, 2007
CITIES OF SHOREWOOD
and
TONKABAY
MINNESOTA
PLANS & SPECIFICATIONS
FOR
2007 BITUMINOUS SEAL COATING
OF
STREETS
APRIL 9, 2007
Prepared By:
City of S/wrewood
Departments of Public Works & Engineering
24200 Smithtown Road & 5755 Country Club Road
Shorewood, MN 55331
952.474.3236
CERTIFICATON
I hereby certifY that this plan, specification, or report was
prepared by me or under my direct supervision and that I
am a duly registered Professional Engineer under the laws
of the State of Minnesota
James A. Landini
Reg. No.: 44939
2007 Bituminous Seal Coating
Cert-l
TABLE OF CONTENTS
Cover Sheet
Title Sheet
Certification
Table of Contents
Advertisement for Bids
Instructions to Bidders
Proposal Form
Contract Forms
Affidavit and Information Required of Bidders
Contract for Construction
Performance and Payment Bond Form
General Conditions
Special Provisions
Project Plan- See Instructions to Bidders
2007 Bituminous Seal Coating
TOC-l
ADVERTISEMENT FOR BIDS
2007 Bituminous Seal Coating of Streets
For the Cities of
Shorewood and Tonka Bay
Minnesota
NOTICE IS HEREBY GIVEN that sealed proposals will be received at the City Clerk's Office in
the City of Shorewood, Hennepin County, Minnesota at the Shorewood City Hall, 5755 Country
Club Road, Shorewood, Minnesota 55331, until 10:00 A.M. on Wed., the 9th day of May, 2007
and will be publicly opened at said time and place by two or more designated officers or agents of
the Cities of Shorewood and Tonka Bay. Said proposal to be for the furnishing and placement of
Bituminous Material and all labor for the placement of owner furnished Seal coat Aggregate.
1335 TON
28990 GAL
Placement of Owner Furnished F A- 2 Grey Granite Seal Coat Aggregate
Contractor Furnished CRS - 2 Bituminous Material for Seal Coat
Proposals arriving after the designated time will be returned unopened.
The bids must be submitted on the proposal form provided in accordance with the contract
documents, plans and specifications as prepared by the City of Shorewood, 5755 Country Club
Road, Shorewood, Minnesota 55331, which are on file with the City Clerk of the City of
Shorewood.
Copies of Proposal Form Specifications for use by the contractors submitting a bid may be obtained
from City Hall, City of Shorewood, 5755 Country Club Rd, Shorewood, Minnesota 55331, upon a
deposit (non-refundable) of Twenty Five Dollars and No Cents ( $ 25.00) per set.
No Bids will be considered unless sealed and endorsed upon the outside wrapper, " BID FOR 2007
BITUMINOUS SEAL COATING OF STREETS" and filed with the City Clerk of the City of
Shorewood and accompanied by a cashier's check, payable to the City of Shorewood for 5% of the
amount of the bid to be forfeited as liquidated damages in the event the bid is accepted and the
bidder should fail to enter promptly into a written contract and furnish the required bonds.
The Cities of Shorewood and Tonka Bay reserve the right to reject any and all bids. No bids may be
withdrawn for a period of ( 30 ) days from the date of opening the bids.
Date: April 9, 2007
BY:
ORDER OF THE CITY COUNCIL
Craig W. Dawson, City Administrator
PUBLISHED IN:
The "Construction Bulletin
The" Sun Sailor"
April 16th & April 23 th ,2007
April 19th & April 26th ,2007
2007 Bituminous Seal Coating
AFB
INSTRUCTIONS TO BIDDERS
INDEX
Section Description Pa2;e
1. Examination of Plans, Specifications ITB-2
2. Bid Security ITB-2
3. Contract Documents ITB-2
4. Preparation of Proposal ITB-2
5. Conditions in the Bidders Proposal ITB-3
6. Interpretation of Estimates ITB-3
7. Delivery of Proposals ITB-3
8. Rejection of Proposal ITB-3
9. Withdrawal of Proposals ITB-3
10. Public Opening of Proposals ITB-3
11. Disqualification of Bidders ITB-4
12. Equipment ITB-4
13. Furnishing of Evidence of Responsibility ITB-4
14. Requirements of Contract Bond ITB-4
15. Failure to Execute Contract ITB-4
16. Unit Prices ITB-4
17. City Deletion Right ITB-4
18. Seal coat Aggregate& Project Location Maps / City of Shorewood
19. Seal coat Aggregate & Project Location Maps / City of Tonka Bay
2007 Bituminous Seal Coating
ITB-l
INSTRUCTIONS TO BIDDERS
1. EXAMINATION OF PLANS, SPECIFICATIONS. - The bidder shall examine to his/her
Satisfaction the quantities of work to be done as determined from the specifications.
Quantities indicated by the Engineer on drawings or elsewhere are estimated only, and
bidders must rely on their own calculations. Bidders shall be thoroughly familiar with
Contract Documents including all General Conditions and Special Provisions.
Bidders shall inform themselves of the character and magnitude of work and the conditions
under which the work is to be performed concerning the site ofthe work, the structure of the
ground, the existence of surface and ground water, availability of drainage, the obstacles
which may be encountered, means of approach to the site, manner of delivery and handling
materials, facilities of transporting equipment and all other relevant matters pertaining to the
complete execution of this contract. No plea of ignorance of conditions that exist or that
may hereafter exist or of difficulties that will be encountered in the execution of the work
hereunder which result from failure to make necessary examinations and investigations, will
be accepted as a sufficient excuse for any failure or omission on the part of the Contractor to
fulfill in every detail all the requirements of this contract, or will be accepted as a basis for
any claim whatsoever for extra compensation or for an extension of time. No bidder may
rely
Upon any statements or representations of any officer, agent or employee of the Owner with
reference to the conditions of the work, of the character of the sort or other hazards which
may be encountered in the course of construction.
2. BID SECURITY - Each bid shall be accompanied by a bid security in the form of and
amount as specified in the Advertisement for Bids. Such bid security is a guarantee that the
bidder will enter into a Contract with the owner for the work described in the proposal, and
the amount of the bid security of a successful bidder shall be forfeited to the Owner as
liquidated damages in the event that such bidder falls to enter into a contract and furnish
Contractor's bond.
3. CONTRACT DOCUMENTS - The Contract Documents will consist of the Advertisement
for Bids, Instructions to Bidders, General Conditions, Supplementary General Conditions,
Specifications, Proposal Form, Contract for Construction, Non-Collusion affidavit, Contract
Bond, and all plans and drawings. These documents are on file with the Owner.
4. PREPARATION OF PROPOSAL - The bidder shall submit his/her proposal on the form
provided by the Engineer.
The blank spaces in the proposal shall be filled in correctly with ink where indicated for each
and every item for which a quantity is given, and the bidder shall state the prices for which
he/she proposes to do each item of the work contemplated. The bidder's proposal shall be
signed correctly with ink. If the proposal is made by an individual, his/her name and post
office address shall be shown. If made by a firm or partnership, the name and post office
address of each member of the firm or partnership shall be shown. If made by a corporation,
2007 Bituminous Seal Coating
ITB-2
the person signing the proposal shall show the name of the State under the law of which the
corporation was chartered, and names, titles and business addresses of the President,
secretary, and treasurer. All bids for Corporations shall bear the official seal of the
Corporation.
5. CONDITIONS IN THE BIDDER'S PROPOSAL - The bidder shall not stipulate in his/her
proposal any conditions not provided for on the proposal form.
6. INTERPRETATION OF ESTIMATES - The Engineer's estimate of quantities as shown in
the proposal shall be used as a basis of calculation upon which the award of contract will be
made, but these quantities are not guaranteed to be accurate and are furnished without any
liability on the part of the Owner.
7. DELIVERY OF PROPOSALS - All bids shall be placed in a sealed envelope with a
statement thereon showing the work covered by the bid, and addressed as stipulated in the
Advertisement for Bids. Proposals may be mailed or submitted in person. No bids will be
received after the time set for receiving them. Bids arriving at the office by mail or hand
delivered to the Owner after the hour designated for receiving bids will be returned to the
sender unopened.
8. REJECTION OF PROPOSAL - Proposals may be rejected if they show any omISSIOn,
alteration of form, additions not called for, conditional bids or alternate bids not specified or
irregularities of any kind. Proposals in which the prices are obviously unbalanced may be
rej ected.
9. WITHDRAWAL OF PROPOSALS - A bidder may withdraw his proposal without prejudice
to himself/herself, provided he/she files a written request to the Owner before the hour of
letting, and such withdrawn proposal may be modified and resubmitted by the bidder at any
time prior to the hour set for the opening of basis.
10. PUBLIC OPENING OF PROPOSALS - Proposals will be opened publicly and read aloud in
such place as designated at the time and the date set in the "Advertisement for Bids".
Bidders or their authorized agents are invited to be present.
11. DISQUALIFICATION OF BIDS- More than one proposal for the same project from an
individual firm, partnership or corporation under the same or different names will not be
considered. Evidence that any quoter is interested in more than one proposal for the same
work will cause rejection of all such proposals. Collusion between the bidders will be
considered sufficient cause for the rejection of all bids so affected.
Failure on the part of any bidder to carry out previous contracts satisfactorily or his lack of
the experience or equipment necessary for the satisfactory completion of the work may be
deemed sufficient cause for his disqualification.
2007 Bituminous Seal Coating
ITB-3
12. EQUIPMENT - When requested by the Owner, the bidder shall furnish a complete statement
of the make, size, weight (where weight is one of the specified requirements), condition and
previous length of service of all equipment to be used in the proposed work.
13. FURNISHING OF EVIDENCE OF RESPONSffiILITY - When requested by the Owner, the
Bidder shall furnish a balance sheet, certified by a certified public accountant as to a date not
more than sixty (60) days prior to the date of the opening of the proposals which shall set
forth outstanding assets and liabilities in reasonable detail. The bidder shall also furnish
when requested, a list of work of a similar nature performed with dates of completion
thereof. The bidder shall also furnish any other additional information relative to financial
responsibility and competence to do the work as may be requested by the Owner prior to the
acceptance of any proposal.
14. REQUIREMENTS OF CONTRACT BOND - The successful bidder, at the time for the
execution of the contract, shall furnish and at all times maintain a satisfactory and sufficient
bond in full amount of the contract as required by law with a corporate surety satisfactory to
the Owner. The Form of Bond is that required by Statute. Personal sureties will not be
approved.
15. FAILURE TO EXECUTE CONTRACT - Failure to furnish the Contract bond in a sum
equal to the amount of the award, or to execute the contract within ten (10) days, as
specified, shall be just cause for the annulment of the award, and it shall be understood by
the bidder that in the event of the annulment of the award, the amount of the guaranty
deposited with the proposal shall be retained by the Owner, not as a penalty, but as
Liquidated Damages.
16. UNIT PRICES - In case of error in the extension of prices, the unit bid prices shall govern.
The Owner reserves the right to waive any informality in the bids at his/her discretion.
17. CITY DELETION RIGHT - The Cities reserve the right to delete any line item from the base
quote prior to final contract execution.
18. PROJECT LOCATION PLAN- City of Shore wood
19. PROJECT LOCATION PLAN - City of Tonka Bay
2007 Bituminous Seal Coating
ITB-4
"
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REVl5IONNO.
M" NO XXX 2007 DELIVERY LOCATION
8GB XXX BITUMINOUS SEAL COATING SEALCOAT AGGREGATE
PROJECT NO: OF STREETS CITY OF SHOREWOOD
LAB 07 - 02
CITY OF CITY PROJECT NO. 07-02 PUBLIC WORKS FACILITY
xxx 03/12/07 SHOREWOOD
No connection to
St. Hwy No. 7
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INDICATES PRIVATE
STREETS
STREETS IN
PROJECT AREA
AfVlSIONNO. NONE ~ 2007
"'''
PLANav: DESlGNIl'l': BITUMINOUS SEAL COATING PROJECT AREA MAP
BeB xxx
JAL 07 - 02 OF STREETS
CITY OF CITY PROJECT NO. 07-02
xxx 03/26/07 SHOREWOOD
2007 Seal Coating
Length Maint. Maint.
Street Name from to FT Width FA 2/Tn Crs 2/Gal.
Clover lane Minnetonka Drive Cul-de-sac 290 22.0 14 300
Club Valley Road Yellowstone Trail Wood Drive 650 22.0 21 475
Country Club Road Smithtown Road Yellowstone Trail 2,330 26.0 90 2020
Echo Road County Road 19 Country Club Road 1,960 21.0 62 1370
Elder Turn Minnetonka Drive Cul-de-sac 290 17.0 11 250
Gillette Curve Minnetonka Drive Cul-de-sac 640 22.0 22 470
lake Linden Drive Yellowstone Trail State Highway #7 1,550 26.0 60 1340
lawtonka Drive Timber Lane Cul-de-sac 550 24.0 27 590
Maple St. Lake Linden Drive End ( E ) 450 22.0 16 340
Mary lake Trail Country Club Road Cul-de-sac 999 32.0 50 1070
Mclain Road Minnetonka Drive Cul-de-sac 400 20.0 17 370
Pleasant Avenue Yellowstone Trail State Highway #7 580 21.0 19 410
Riviera lane Yellowstone Trail Cul-de-sac 900 20.0 34 740
Shorewood lane Smithtown Road Cul-de-sac 840 30.0 39 840
Spruce Hill Court Yellowstone Trail Cul-de-sac 590 22.0 31 675
Tee Trail Yellowstone Trail Wood Drive 360 24.0 13 290
Timber lane Smithtown Road Cul-de-sac 1,730 19.0 54 1200
Wood Drive State Highway #7 Cul-de-sac 1 ,440 25.0 65 1450
Yellowstone Trail Seamans Dr Academy Avenue 6,700 22.0 220 4910
TOTAL 865 19110
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2007
SEALCOATING
BITUMINOUS
OF STREETS
LOCATION
AGGREGATE
SEALCOA T
CITY OF TONKA BAY
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CITY
2007
BITUMINOUS SEAL COATING
OF STREETS
PROJECT AREA MAP
OF
TONKA BAY
CITY OF TONKA BAY ZO(]]
STREETS TO BE-SEAL COATED IN ~
STREET FROM TO C RS-2 AGGRE
(GAL) GATE
(TONS)
Highland Ave . T onka Bay Rd End 640 31
Pearl Street T onka Bay Rd End 300 15
Gideons Point T onka Bay Rd T onka Bay Rd 1400 70
Rd
Hazel Street T onka Bay Rd Lakeview Ave 500 30
Glade Ave Hazel Street Cedar Street 300 16
Maple Hill Dr. Glade Ave Lakeview Ave 250 10
Cedar Street Tonka Bay Rd Lakeview Ave 400 26
Hillcrest Dr. Cedar St. Waseca Ave 450 27
Waseca Ave Lakeview Ave Lakeview Ave 600 33
Sunrise Ave Waseca Ave Lakeview Ave 830 45
Echo Bay Dr. Tonka Bay Rd West Point Rd 660 32
Lakeview Ave T onka Bay Rd End 2600 100
Tonka Bay Rd Lakeview Ave Wekota Beach 750 30
;1CIl/ ,c;T Z 1,11.// .f I Avf~ C, !,(\ {] f;: 14'1/:
/~ 1- ''} / /' ")
TOTALS / 9880/ I 470 ./
\. -- " --
2I:X;,)7
Bituminous Seal Coating,~
-r
Est. Quantities
PROPOSAL FORM
2007 BITUMINOUS SEAL COATING OF STREETS
FOR THE CITIES OF
SHOREWOOD AND TONKA BAY MINNESOTA
TOTAL BID
BIDDER'S FIRM NAME:
OFFICIAL ADDRESS:
$
PHONE NUMBER:
FAX NUMBER:
To The City Councils of:
Shorewood, Minnesota
5755 Country Club Road
Shorewood, Minnesota 55331
Tonka Bay, Minnesota
4901 Manitou Road
Tonka Bay, Minnesota 55331
City Officials:
1. The following proposal is made for 2007 Bituminous Seal Coating of Streets within the
Cities of Shorewood and Tonka Bay Minnesota.
2. The Undersigned certifies that the Contract Documents listed in the Instructions to Bidders
have been carefully examined, and that the site of the work has been personally inspected.
The Undersigned declares that the amount and nature of the work to be done is understood,
and that at no time will misunderstanding of the Contract Documents be pleaded. On the
basis of the Contract Documents, the undersigned proposes to furnish all necessary apparatus
to do all the work, furnish and install all the materials in the manner specified, to finish the
entire project within the time hereinafter specified, and to accept as full compensation,
therefore, the sum of the various products obtained by multiplying each unit price herein bid
for the work or materials, by quantities thereof actually incorporated into the completed
project, as determined by the Engineer. The Undersigned understands that the quantities
mentioned herein are approximate only, and are subject to increase or decrease, and hereby
proposes to perform all quantities of work as either increased or decreased, in accordance
with the provisions of the specifications, at the unit prices bid in the following Proposal
Schedules, unless such schedule designated lump sum or plan quantity bids.
2007 Bituminous Seal Coating
PF-l
PROPOSAL FORM
PROPOSAL SCHEDULE: Bidder agrees to perform all work described in the specifications for
the following unit prices:
City of Shorewood
Item Quantitv U nit Price Total
1. Furnish and Install
Bituminous Material
For Seal Coat (CRS-2) 19110 Gal $ /Gal $
2. Install Owner Furnished
Seal Coat Aggregate
F A-2, Granite 865 Ton $ /Ton $
3. Traffic Control
Lump Sum $
/LS
$
Subtotal (1) $
City of Tonka Bay
Item Quantitv Unit Price Total
1. Furnish and Install
Bituminous Material
For Seal Coat (CRS-2), 9880 Gal $ /Gal $
2. Install Owner Furnished
Seal Coat Aggregate
F A-2, Granite 470 Ton $ /Ton $
3. Traffic Control
Lump Sum
$
/LS
$
Subtotal (2)
$
Total Bid = Subtotal (1) + Subtotal (2)
$
(Total Bid shall also be noted top left of page 1 of th is proposal form)
2007 Bituminous Seal Coating
PF-2
PROPOSAL FORM
4. The Contract shall be awarded to the lowest responsible bidder for the Total Bid, as defined
above. The Owner reserves the right to delete any items of the proposal form.
5. The Undersigned further proposes to execute the Contract Agreement and to furnish
satisfactory bond within ten (10) days after notice of the award of contract has been received.
The Undersigned further proposes to begin work as specified, to complete the work on or
before date specified, and to maintain at all times a Contract Bond, approved by the City, in
an amount equal to the total bid.
6. In submitting this proposal it is understood that the right is reserved by the Owner to reject
any or all proposals and to waive informalities.
7. In submitting this proposal, the Undersigned acknowledges receipt of Addenda
Nos. issued to the Contract Documents.
8. If a corporation, what is the state of incorporation?
9. If a partnership, state full name of all co-partners.
Official Address
Firm Name:
By:
Title:
By:
Title:
Dated
,2007
2007 Bituminous Seal Coating
PF- 3
AFFIDAVIT AND INFORMATION REQUIRED OF BIDDERS
Affidavit of Non-Collusion:
I hereby swear (or affirm) under the penalty for perjury:
(1 ) That I am the bidder (if the bidder is an individual), a partner in the bidder (if the bidder is a partnership), or an officer
or employee of the bidding corporation having authority to sign on its behalf (if the bidder is a corporation);
(2) That the attached bid or bids have been arrived at by the bidder independently, and have been
submitted without collusion with, and without any agreement, understanding, or planned common course of action
with, any other vendor of materials, supplies, equipment or services described in the invitation to bid, designed to limit
independent bidding or competition;
(3) That the contents of the bid or bids have not been communicated by the bidder or its surety on any bond furnished with
the bid or bids, and will not be communicated to any person prior to the official opening of the bid or bids; and
(4) That I have fully informed myself regarding the accuracy of the statements made in this affidavit.
Signed:
Firm Name:
Subscribed and sworn to before me this
_ Day of
, 20
Notary Public
My commission expires
,20
Bidder's E. I. Number: (Number used on Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form
941):
Fair Trade Items: List below each item upon which a bid is made, the price of which is affected by a resale price maintenance or
Fair trade contract between the bidder and the person or film supplying the item to the bidder. (Use reverse side if necessary).
2006 Bituminous Seal Coating
ANC
CONTRACT FOR CONSTRUCTION
2007 Bituminous Seal Coating of Streets
for the
Cities of
Shorewood and Tonka Bay, Minnesota
THIS CONTRACT, made and entered into as of the . day of ,200_, by and between the Cities of Shorewood
and Tonka Bay Minnesota, municipal corporations under the laws of the State of Minnesota, hereinafter called the
"Owner( s)" and hereinafter called the "Contractor".
WITNESSETH:
That in consideration of their mutual covenants and agreements as hereinafter set forth, the Owner for itself and the
Contractor for itself, its successors, and assigns, covenants and agrees as follows; to wit:
1. The Contractor agrees to furnish all the necessary materials, labor, use of tools, equipment, plan and every other thing
necessary to perform the work designated and referred to in this contract, including all Contractor's superintendence and
to furnish everything necessary for the completion of the improvement which is the subject of this Contract (except such
things as the Owner has specifically agreed to provide, according to the Contract Documents); and agrees under penalty
of a public contractor's corporate surety bond in the amount of dollars ($ ) to perform and
complete the work shown in the Plans and Drawings, entitled "2007 Bituminous Seal Coating of Streets for the Cities
of Shorewood and Tonka Bay Minnesota", prepared by the City of Shorewood Departments of Public Works and
Engineering, dated April 9, 2007, and to conform in all respects with the provisions and requirements of the General
Conditions, Supplementary General Conditions, Special Provisions and Specifications for said improvements.
2. The Contractor agrees that performance shall be in accordance with the terms, requirements and conditions of this
instrument, and laws of the State of Minnesota, and the following documents:
ADVERTISEMENT FOR BIDS for said Improvement for the Owner.
PROPOSAL by the Contractor, presented to the Council of the Owner(s) on
,2007 and accepted by the Owner (City of Shore wood) on
,2007 and accepted by the Owner (City of Tonka Bay) on
,2007
,2007
CONTRACT DOCUMENTS for said Improvement dated April 10, 2006 referred to in the preceding paragraph of
this Contract and made a part of the aforementioned proposal.
PLANS, DRAWINGS and SPECIFICATIONS for said Improvement as identified in a preceding paragraph of
this Contract and which are dated April 9, 2007.
ANY ADDENDA to the Plans, Drawings, General Conditions and Specifications for said Improvement which
addenda were prepared by the City of Shorewood Departments of Public Works and Engineering.
PUBLIC CONTRACTOR'S SURETY BOND in the principal sum of the amount bid.
Each and all of the aforementioned contract documents are hereby incorporated into this Contract by specific
reference and the terms and provisions thereof are and constitute a part of this Contract as though attached hereto or
fully set forth herein.
2007 Bituminous Seal Coating
CFC-l
3. The Owner agrees to pay the Contractor for the performance of this Contract and the Contractor agrees to accept in
full compensation therefore, the sums set forth within the aforementioned proposal of the Contractor for each unit
and each type of unit of work to be performed. It is understood and agreed that the said proposal is for the
construction of said Improvement on a unit price basis in accordance with the said proposal, and that sum of $-
as set out in said proposal, is the sum of the unit prices, multiplied by the estimated
quantities of the respective units of work listed therein.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written.
City of Shorewood
By:
Christine Lizee, Mayor
By:
Craig W. Dawson, City Administrator
(City seal)
City of Tonka Bay
By:
William LaBelle, Mayor
By:
Jessica Semilin, City Administrator
(City Seal)
CONTRACTOR
(Corporate Seal)
By:
Title:
By:
Title:
2007 Bituminous Seal Coating
CFC-2
PAYMENT AND PERFORMANCE BONDS
PART A: PAYMENT
KNOW ALL MEN BY THESE PRESENTS, that we, Contractor, as
Principal, and are fIrmly bound unto the
Cities of Shorewood and Tonka Bay Minnesota, which are Minnesota Corporations, (hereinafter referred to as
(Obligees), for the use and benefIt of Obligees and all persons furnishing labor and materials to perform the contract,
in an amount of and 00/100 Dollars ($ ), for payment of
all claims, costs and charges as hereinafter set forth. For the payment of this obligation, well and truly made, we
jointly and severally bind ourselves, our representatives and successors fIrmly by these presents.
The condition of this obligation is such that whereas the Principal has entered into a written contract with
the Obligees dated , _ 2007, which Contract is on fIle in the offIce of the Obligees, the
regularity and validity of which is hereby affIrmed;
NOW THEREFORE, if the Principal shall pay as they may come due all just claims for work done; for
furnishing labor and materials, insurance premiums, equipment, or supplies for the purpose of, such contract, and all
taxes incurred under Minnesota Statutes, Section 290.92 or Chapter 297 A, and supplies for the completion of the
contract in accordance with its ternlS, and shall pay all costs of enforcement of the terms of the bond, if action is
brought thereon, including reasonable attorney's fees, costs and disbursements in any case in which such action is
successfully maintained, and shall comply with the laws of the state appertaining to such contract, then this
obligation shall be void but otherwise it shall remain in full force and effect pursuant to Minnesota Statutes, Chapter
574.
PART B: PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS, That the aforesaid Principal and Surety are held and fIrmly bound
unto the Obligees, for the use and benefIt of the Obligees, in the additional amount of
00/1 00 Dollars ($ ), for the faithful performance of the contract
pursuant to its terms, as hereinafter set forth
For the payment of this well and truly to be made we jointly and severally bind ourselves, our
representatives and successors fIrmly by these presents.
The condition of this obligation is such that whereas the Principal has entered into the contract more
particularly described in Part A hereof, the regularity and validity of which is hereby affIrmed;
NOW, THEREFORE, if the Principal shall faithfully perform the contract and shall save the Obligees
harmless from all cost and charges that may accrue on account of the doing of the work specifIed and shall pay all
costs of enforcement of the terms of the bond, if action is brought thereon, including reasonable attorney's fees, in
any case in which such action is successfully maintained, and shall comply with the laws of the state pertaining to
such contract, then this obligation shall be void but otherwise it shall remain in full force and effect pursuant to
Minnesota Statutes, Chapter 574.
THE AGGREGATE LIABILITY FOR BONDS PROVIDED UNDER PART A AND PART B HEREOF IS
AND 00/100 DOLLARS
(SUM OF PARTS A AND B) ($
.00)
No assignment, modifIcations, or change in the contract, or change in the work covered thereby, nor any
extension of time for completion of the contract, shall release the Surety on this bond.
2007 Bituminous Seal Coating
PPB-l
PAYMENT AND PERFORMANCE BONDS
Sealed with our seals and dated this
day of
, 20-----,
( Contractor)
By:
Its:
And:
Its:
(Surety)
By:
Its:
(Seal of Contractor if a Corporation)
Witnesses to Contractor's Signature:
Witness to Surety's Signature:
2007 Bituminous Seal Coating
PPB-2
Section
I.
2.
3.
4.
5.
6.
7.
8.
9.
10.
II.
12.
13.
14.
15.
16.
17.
18.
19.
20.
2l.
22.
23.
24.
25.
26.
27.
28.
29.
30.
3l.
32.
33.
GENERAL CONDITIONS
Pa2e
Description
GENERAL
DEFINITIONS
INTERPRETATION OF PROPOSED CONTRACT DOCUMENTS
ENGINEER'S STATUS
COMPLIANCE WITH LAWS, BUILDING CODES AND REGULATIONS
OWNER'S INSTRUCTIONS FOR BONDS AND INSURANCE
INDEMNIFICATION
PATENTED DEVICES, MATERIALS AND PROCESSES
PERMITS AND LICENSES; RIGHTS-OF-WAY AND EASEMENTS
ASSIGNMENT OF CONTRACT
SUBCONTRACTING
CONTRACTOR'S RESPONSIBILITIES
TERMINATION OF CONTRACTOR'S RESPONSIBILITIES
MEASUREMENTS
COMMENCEMENT AND PERFORMANCE OF WORK
CONTRACTOR DISPUTES
CONFORMITY WITH PLANS AND SPECIFICATIONS
COORDINATION OF PLANS AND SPECIFICATIONS
CONFLICT
CONTRACTOR'S RIGHT TO REQUEST CHANGES
CHANGES IN PLANS, SPECIFICATIONS OR CHARACTER OF WORK
SUPERVISION
LABOR
STORAGE OF MATERIALS
TESTING OF MATERIALS
DEFECTIVE WORK
PROTECTION OF WORK, PERSONS AND PROPERTY
DAMAGE TO EXISTING IMPROVEMENTS
PRIVILEGES OF CONTRACTOR IN STREETS, ALLEYS AND RIGHTS-OF- WAY
OBSERVATION OF WORK
DELAYS AND EXTENSION OF TIME
REMOVAL OF NONCONFORMING MATERIAL
FAILURE TO COMPLETE WORK ON TIME
GC -1
GC - 1,2
GC-2
GC - 2,3
GC-3
GC - 3,4,5
GC-6
GC-6
GC-6
GC - 6,7
GC-7
GC-7
GC-7
GC-7
GC -7,8
GC-8
GC- 8
GC-8
GC-9
GC-9
GC - 9,10
GC-10,11
GC - 11
GC-11
GC - 11
GC-11
GC 11,12,13
GC - 13,14
GC - 14
GC - 14,15
GC - 15
GC - 15
GC - 15,16
2007 Bituminous Seal Coating
GC-l
GENERAL CONDITIONS
34. THE RIGHT OF THE OWNER TO DO THE WORK GC - 16
35. RIGHT OF THE OWNER TO DECLARE CONTRACTOR IN DEFAULT GC-16,17
36. EXERCISE OF THE RIGHT TO DECLARE IN DEF AUL T GC - 17
37. QUITTING THE SITE GC - 17
38. COMPLETION OF THE WORK AFTER DEF AUL T GC - 17
39. PARTIAL DEFAULT GC - 17
40. PROGRESS PAYMENTS GC - 17,18
41. SCOPE OF PAYMENT GC - 18
42. PAYMENTS WITHHELD GC - 18,19
43. FINAL INSPECTION GC - 19
44. FINAL PAYMENT GC - 19
45. NO WAIVER OF LEGAL RIGHTS GC - 19
46. WORK IN STORMS GC - 20
47. NIGHT WORK GC - 20
48. USE OF EXPLOSIVES GC - 20
49. NOISE ELIMINATION GC - 20
50. WATER GC - 20
51. SANITARY PROVISIONS GC - 20
52. DIFFERING SITE CONDITIONS GC - 20
53. ACCIDENT PREVENTION GC - 20
54. "OR EQUIVALENT" CLAUSE GC 20,21
55. DISCRIMINATION ON ACCOUNT OF RACE, CREED, OR COLOR PROHIBITED GC - 21
56. SITES TO BE KEPT CLEAN GC - 21
57. WARRANTY GC - 21,22
58. SEVERABILITY GC - 22
59. EFFECT OF HEADINGS AND TABLE OF CONTENTS GC-22
60. CONTRACT COUNTERPARTS GC - 22
61. CONSTRUCTION GC - 22
62. WRITTEN NOTICE TO PARTIES GC-22
63. COMPLIANCE WITH HUMAN RIGHTS REQUIREMENTS GC - 22
64. SHOP DRAWINGS GC-22,23
2007 Bituminous Seal Coating
GC-2
GENERAL CONDITIONS
1. GENERAL - The following conditions are part of the Contract Documents and shall pertain to all work
covered under the Contract.
2. DEFINITIONS - When used In the Contract, the following terms and their pronouns have the following
meanings, unless the context clearly requires otherwise:
"A.S.T.M." means American Society for Testing Materials.
"ATTORNEY'S FEES" means fees charged by counsel and the costs of litigation, including the costs of
prosecuting or defending an appeal, regardless of whether the appeal is of right or merely discretionary.
"BIDDER" means any Individual, firm or corporation submitting a proposal for the work contemplated, acting
directly or through a duly authorized representative.
"COMPLETION DATE" means the date as of which the Engineer certifies, in writing, to the Owner that the
Project is complete.
"CONSTRUCTION DETAILS" means the Engineer's drawn directions pertaining to labor and material
construction requirements on specific portions of the Project.
"CONTRACT" means the agreement covering the performance of the labor and the furnishing of materials in
the construction of the Project. The Contract shall include the "Contract Documents", the Proposal, and all
supplemental agreements which reasonably may be required to complete the construction of the Project.
"CONTRACT BOND" means the approved form of security furnished by the Contractor and its Surety as a
guarantee of good faith on the part of the Contractor to execute the work in accordance with the terms of the
Contract Documents.
"CONTRACT DOCUMENTS" means the Contract, these General Conditions, the Plans and Specifications,
the Construction Details, the Bid Proposal, the Proposal Guaranty, the Contract Bond, all insurance policies
insuring any risk associated with this Project, all amendments, changes, or addenda made in accordance with
the provisions of any of said documents.
"CONTRACT PRICE" means the amount of money the Owner has agreed to pay to the Contractor pursuant to
the Contractor's bid.
"CONTRACTOR" means the individual, firm or corporation with whom the Owner contracts herein and
unless specked otherwise includes Subcontractor(s).
"THE ENGINEER" means the City Engineer or his or her designee with respect to the responsibilities as
Project Engineer.
"LABORATORY" means the testing laboratory approved by the Engineer to inspect and determine the
suitability of materials and other aspects of the Project.
"OBSERVER" means an authorized representative of the Owner or Engineer assigned to observe the work.
"OWNER" means the Individual, or other entity, as identified in the Supplementary General Conditions, who
owns or controls the real property on which the project is located.
"PLANS" means all approved drawings or reproduction of drawings pertaining to the construction of the
Project.
2007 Bituminous Seal Coating
GC-l
GENERAL CONDITIONS
"PROJECT" means the construction, erection, installation or other improvement to real property as
contemplated In the Plans and specifications and all work fairly implied or understood as included in the
Contract Documents.
"PROJECT SITE" means the land in which, or on which, the Project is to be constructed, erected or installed
and includes all areas for which the Owner has acquired easements for purposes of this Project.
"PROPOSAL" means the written proposal of the Bidder to complete the Project as contemplated In the
Contract Documents, submitted in the Proposal Form.
"PROPOSAL FORM" means the approved form prepared by the Owner on which the Bidder submits its
proposal for the Project.
"PROPOSAL GUARANTY" means the security as designated in the Proposal to be furnished by the Bidder as
a guarantee of good faith to enter into a contract with the Owner, if the Contract is awarded to him.
"SPECIFICATIONS" means the directions, conditions, provisions and requirements, together with all written
agreements made or to be made, pertaining to the method and manner of performing the labor, and to the
quality and quantity of materials to be furnished under the Contract.
"SUBSTANTIAL COMPLETION" means the Work (or a specified part thereot) has progressed to the point
where, in the opinion of the Engineer, as evidenced by Engineer's definitive certificate of Substantial
Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or
specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when
the Work is complete and ready for final payment as evidenced by the Engineer s written recommendation of
final payment in accordance with Article 44. The terms "substantially complete" and "substantially
completed", as applied to all or part of the Work, refer to Substantial Completion thereof.
"SURETY" means the individual or corporate body which is bound with and for the Contractor for the
acceptable performance of the Contract and for its payment for all obligations pertaining to the Project.
"WORKING DAYS" means any day, excluding Saturday, Sunday, or State recognized Legal Holidays, when
weather conditions or the results of weather conditions will allow the Contractor to pursue, for at least two
consecutive hours between 8:00 A.M. and 4:30 P.M. with the normal working force, any item or items of work
which would be in progress at that time.
3. INTERPRETATION OF PROPOSED CONTRACT DOCUMENTS - Prior to submitting a bid on the
Project, any prospective bidder in doubt as to the meaning of any part of the Plans, Specifications or other
proposed Contract Documents may submit to the Engineer a written request for an interpretation thereof. Any
interpretation of the proposed documents will be made or delivered to each person receiving a set of the
Contract Documents and such other prospective bidders who have requested that they be furnished with a copy
of each addendum. The Owner will not be responsible for any other explanation or interpretations of the
proposed Contract Documents.
4. ENGINEER'S STATUS - The Engineer shall be responsible for administration of the Contract. It shall be the
Contractor's responsibility to supervise and control its Subcontractor(s) and employees and their actions.
The Engineer will be the interpreter of the requirements of the Contract Documents and the judge of the
performance thereunder by both the Owner and Contractor. The Engineer will render with reasonable
promptness interpretations necessary for the proper execution or progress of the work. Either party to the
contract may make written request to the Engineer for such interpretations. Claims, disputes and other matters
in question between the Contractor and the Owner relating to the execution or progress of the work or the
interpretation of the Contract Documents shall be initially referred to the Engineer for decision, which will be
rendered in writing within a reasonable time. In the case of any discrepancy occurring between the Plans and
Specifications, the decision of the Engineer is final. Unless otherwise specified in the Contract Documents, the
Owner shall forward all instructions to the Contractor through the Engineer.
2007 Bituminous Seal Coating
GC-2
GENERAL CONDITIONS
The Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the
work or the interpretation of the requirements of the Contract Documents pertaining to the performance and
furnishing of the work and claims under this contract with respect to changes in the Contract Price or time of
the performance will be referred initially to the Engineer in writing with a request for a formal decision in
accordance with this article, which the Engineer will render in writing within a reasonable time. Written
notice of each such claim, dispute and other matter will be delivered by the claimant to the Engineer and the
other party to the Contract promptly (but in no event later than thirty days) after the occurrence of the event
giving rise thereto, and written supporting data will be submitted to the Engineer and the other party within
sixty days after such occurrence unless the Engineer allows an additional period of time to ascertain more
accurate data in support of the claim.
When functioning as interpreter and judge under this article, the Engineer will not show partiality to Owner or
Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in
such capacity. The rendering of the decision by the Engineer pursuant to this article with respect to any such
claim, dispute or other matter will be a condition precedent to any exercise by Owner or Contractor of such
rights or remedies as either may otherwise have under the Contract Documents or by laws or regulations with
respect to any such claim, dispute or other matter.
The Engineer shall not be responsible for the means, methods, techniques, sequences or procedures of
construction selected by the Contractor or its agents, employees, Subcontractor(s) or delegates or for safety
precautions and programs incidental to the work of the Contractor.
5. COMPLIANCE WITH LAWS, BUILDING CODES AND REGULATIONS - The Contractor shall abide
by all codes, laws, ordinances and regulations which in any manner affect those engaged or employed in the
Project or the materials or equipment used in or upon the Project, or in any way affects the performance of the
work on the Project. The provisions of such codes, laws or ordinances are deemed to be a part of the Contract
and the Contractor shall be bound by the provisions thereof.
To the fullest extent permitted by law, the contractor shall indemnify, defend and hold harmless the Owner and
Engineer and all of their directors officers, employees, agents and servants against any loss, claim, liability or
expense (including reasonable Attorney's Fees) arising from or based on the violation by Contractor, its
employees, Subcontractor(s), agents or delegates of any such code, law, ordinance or regulation.
If the Contractor shall discover any provisions in the Plans, Contract, or Specifications or any direction of the
Engineer or Observer which is contrary to or inconsistent with any such code, law, ordinance, or regulation, it
shall forthwith give notice of the inconsistency to the Engineer.
6. OWNERS INSTRUCTIONS FOR BONDS AND INSURANCE - No Contractor or Subcontractor shall
commence work under this contract until it has obtained at its own cost and expense all insurance required
herein. All insurance coverage is subject to approval of the Owner and shall be maintained by the Contractor
until final completion of the work. All insurance shall be on an occurrence basis form only.
Bid Security: Bid security shall be submitted with the bid. Failure of the successful bidder to execute the
Contract and to furnish an acceptable bond within ten (10) days after receiving written notice of the award of
bids shall cause the. bid security to be forfeited as liquidated damages.
Payment and Performance Bonds: Payment and performance bonds are required in the amount of 100% of
the Contract. The Contractor shall pay any Subcontractor within ten (10) days of the Contractor's receipt of
payment from the Owner for undisputed services provided by the Subcontractor. The Contractor will pay
interest of one and one-half percent (1.5%) per month, or any part thereof, to the Subcontractor on any
undisputed amount not paid on time to the Subcontractor. Before beginning work on the Contract, the
Contractor must file both the payment and performance bonds with the treasurer, board, or officer having
financed management of the Owner named in the bonds.
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Insurance: The Contractor shall obtain the following minimum insurance coverage's and maintain at all times
throughout the life of the Contract. The terms used below to specify the required insurance are to be
interpreted according to the ordinary usage of the insurance industry.
The Contractor shall complete the CERTIFICATE OF INSURANCE, which is a part of the Contract
Documents, as evidence that the required insurance is in force with companies acceptable to the Owner. The
Certificate shall be submitted to the Owner for examination and approval prior to execution of the Contract,
after which the Insurance and Certificate of Insurance may not be modeled except upon thirty (30) days prior
written notice to the Owner. Neither Owner's failure to require or insist upon certificates or other evidence of
insurance, nor Owner's acceptance of a certificate or other evidence of insurance showing a variance from the
specified coverage shall constitute a waiver of Contractor's responsibility to comply with the insurance
Specifications or operate as an estoppel against Owner.
Commercial General Liability, as follows:
Bodily Injury:
$2,000,000
$2,000,000
$1,000,000
$1,000,000
General Aggregate
Products-Completed/Operations Aggregate
Each occurrence
Personal and Advertising Injury Liability
Products and Completed Operations Insurance shall be maintained for a minimum period of three (3)
years after final payment and Contractor shall continue to provide evidence of such coverage to
Owner on an annual basis during the aforementioned period or if for any reason Contractors work
ceases before final payment, for a minimum period of three (3) years from the date Contractor ceases
work.
Liability Insurance shall include coverage for the following hazards:
X (Explosion)
C (Collapse)
U (Underground)
Contractual Liability
Personal Injury, with Employment Exclusion deleted
The Owner and Engineer shall be named as an additional insured and the policy shall be endorsed to
show that all aggregate limits apply per project. These requirements shall be so indicated on the
Certificate of Insurance.
Owners and Contractors Protective Liability Policy, as follows in the
Owner's name:
$1,000,000 each occurrence
$2,000,000 policy aggregate
Comprehensive Automobile Liability (owned, non-owned, hired), as follows:
Any Auto
$1,000,000 each occurrence
Umbrella Liability Coverage, as follows:
$2,000,000 each occurrence
$2,000,000 policy aggregate
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Workers Compensation: Shall be as required by law and include:
Where individuals, partners, corporate officers or others have the option electing to be covered by
Worker's Compensation Insurance, an election to be covered shall be made.
Applicable Federal (e.g. Longshoreman, harbor work, work at or outside U.S. Boundaries)
Maritime
Employer's Liability - Limits: Each Accident - $1,000,000
Disease - Policy Limit 1,000,000
Disease- Each Employee 1,000,000
Coverage limits in excess of basic policy limits may be provided by the Umbrella Policy.
Benefits required by Union Labor contracts: As applicable.
Aircraft Liability (owned and non-owned) as follows:
$5,000,000 each occurrence
This insurance requirement shall be excluded where there is no known exposure.
Watercraft Liability (owned or non-owned) when applicable, as follows:
Any Watercraft $1,000,000 each occurrence
This insurance requirement shall be excluded where there is no known exposure.
Builder's Risk - Fire and Extended Coverage Insurance: If the nature of the Project is such that it is insurable
against the perils of fire, extended coverage, vandalism, malicious mischief, on or off site storage anti in
transit. Such insurance shall be procured and maintained, until final acceptance of the project, by the
Contractor on behalf of himself, the Owner and its Subcontractor(s) on a completed value form. If it is
deemed in the interest of the Owner, the Owner may purchase the above coverage and the Contractor shall
reimburse the Owner the cost thereof.
By providing the required Insurance, it is understood that the Contractor is providing the financial protection
of the required insurance to benefit both the Owner and Contractor. Providing and paying for this insurance is
part of the consideration which Contractor offers Owner. Owner does not in any way represent or warrant that
the types or limits of insurance specified in this article adequately protect Contractor's interest or sufficiently
cover Contractor's liabilities.
7. INDEMNIFICA TION - To the fullest extent permitted by laws and regulations, the Contractor shall
indemnify, defend and hold harmless the Owner and its Officials, the Engineer and their officers, consultants,
agents and employees from and against all claims, damages, losses and expenses, direct, indirect or
consequential (including but not limited to fees and charges of Engineers, architects and Attorneys Fees),
arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or
expense (a) is attributable to bodily injury, sickness, disease or death, or for injury to or destruction of
property, including but not limited to the loss of use resulting there from and (b) is caused in whole or in part
by a negligent act or omission of Contractor, any Subcontractor, any person or organization directly or
indirectly employed by any of them to perform or furnish any of the work or anyone for whose acts any of
them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises
by or is imposed by law and regulations irrespective of the negligence of any such party.
In any and all claims against the Owner and its Officials, the Engineer and their officers, consultants, agents or
employees by any employee of Contractor, any Subcontractor, any person or organization directly or indirectly
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employed by any of them to perform or furnish any of the work or anyone for whose acts any of them may be
liable, the indemnification obligation under this article shall not be limited in any way by any limitation on the
amount or type of damages, compensation or benefits payable by or for Contractor or damages, compensation
or benefits payable by or for Contractor or any such Subcontractor or other person or organization under
worker's or workmen's compensation acts, disability benefit acts or other employee benefit acts.
The obligation of Contractor under this article shall not extend to the liability of Engineer, Engineer's officers,
consultants, agents or employees arising out of the preparation or approval of maps, drawings, opinions,
reports, surveys, change orders, designs or Specifications.
Contractor agrees that the indemnities stated in this Article 7 should be construed and applied in favor of
indemnification. To the extent permitted by law, the stated indemnities apply regardless of any strict liability
or negligence attributable to the Owner and its Officials (including sole negligence) or the Engineer and their
officers, consultants, agents or employees and regardless of the extent to which the underlying harm is
attributable to the negligence or otherwise wrongful act or omission (including breach of contract) of
Contractor, its Subcontractor(s), agents, employees or delegate's. Contractor also agrees that if applicable law
limits or precludes any aspect of the stated indemnities, then the indemnities will be considered limited only to
the extent necessary to comply with that applicable law. The stated indemnities continue until all applicable
statutes of limitations have run. If a claim arises within the scope of the stated indemnity, Owner may require
Contractor to furnish and pay for a surety bond, satisfactory to Owner, guaranteeing performance of the
indemnity from Contractor's insurance company. Contractor will take the action required by Owner within
fifteen (15) days ofreceiving notice from Owner.
8. PATENTED DEVICES, MATERIALS AND PROCESSES - If the Contract requires, or the Contractor
desires, the use of any design, device, material or process covered by letters, patent or copyright, trademark or
trade name, the Contractor shall provide for such use by suitable legal agreement with the patentee or owner
and a copy of said agreement shall be filed with the Owner. If no such agreement is made or filed as noted,
the Contractor and the Surety shall indemnify and save harmless the Owner and Engineer from any and all
claims for infringement by reason of the use of any such patented design, device, material or process, or any
trademark or trade name or copyright in connection with the Project agreed to be performed under the
Contract, and shall indemnify and defend the Owner and Engineer for any costs, liability, expenses and
Attorney's Fees that result from any such infringement.
9. PERMITS AND LICENSES; RIGHTS-OF-WAY AND EASEMENTS - The Contractor shall procure all
permits and licenses, pay all charges and fees therefore and give all notices necessary and incidental to the
construction and completion of the Project. The Owner will obtain all necessary rights of way and easements
that are indicated on the Plans.
10. ASSIGNMENT OF CONTRACT - No assignment by the Contractor of its rights or obligations under the
Contract Documents, or of the funds to be received thereunder by the Contractor, will be valid unless such
assignment has the prior written approval of the Owner, and each Surety has been given due notice of such
assignment and has furnished written consent thereto. The following language must be included in any
assignment of funds by the Contractor.
"It is agreed that the funds to be paid to the assignee under this assignment are subject to the prior lien
for services rendered or materials supplied for the performance of the work called for in said Contract
in favor of all persons, firms or corporations rendering such services Cure supplying such materials."
11. SUBCONTRACTING - Contracts between the Contractor and the Subcontractor(s) shall incorporate all of
the provisions of the Contract.
12. CONTRACTOR'S RESPONSIBILITIES - The Contractor shall furnish all necessary equipment, tools,
labor, and material of every character and shall fully complete the Project in accordance with the Plans,
Specifications and detail drawings, for the Contract Price. The work to be performed under the Contract for
this improvement is to be at the Contractor's risk and it is to assume the responsibility for, and risk of, all
damages to the Project or to property adjacent to the Project site. The Contractor is further responsible for the
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safety and protection of its employees, Subcontractor(s) or delegate's on the Project. The Contractor shall
have charge of and be responsible for the entire Project until its completion and acceptance. It shall be liable
for any defects or deficiencies in its work.
The Contractor warrants to the Owner and the Engineer that all materials and equipment furnished under the
Contract will be new unless otherwise specified, and that all work will be of good quality, free from faults and
defects and in conformance with the Contract Documents. All work not conforming to these requirements,
including substitutions not properly approved and authorized, may be considered defective. If required by the
Engineer, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and
equipment. This warranty is not limited by the provisions of Article 57.
The Contractor shall have sole responsibility for the means, methods, techniques, sequences or procedures of
construction selected by the Contractor or its agents, employees, Subcontractor(s) or delegates and for safety
precautions and programs incidental to the work of the Contractor.
The Contractor shall investigate and satisfy itself as to the conditions affecting the work, including but not
restricted to those bearing upon transportation, disposal, handling and storage of materials, availability of
labor, water, electric power, roads and uncertainties of weather, river stages, tides or similar physical
conditions at the site, the conformation and conditions of the ground, the character of equipment and facilities
needed preliminary to and during prosecution of the work.
13. TERMINA TION OF CONTRACTOR'S RESPONSIBILITY - Except as otherwise provided for in the
Contract Documents, the Contractor's responsibility shall continue until final acceptance of its work by the
Owner, such acceptance to be made in accordance with the provisions of the Contract.
14. MEASUREMENTS - Before ordering any material or doing any work, the Contractor shall verify all
measurements, distances, and calculations contained in the Specifications and shall be responsible for the
same.
No extra charge or compensation will be allowed on account of deference between actual dimensions and
dimensions indicated on the drawings; any deference which may be found shall be submitted to the Engineer
for consideration before proceeding with the work.
Linear measurements will be taken horizontally on all work except structures which will be measured
according to the neat fine shown on the Plans or as ordered. Where work is to be paid for by units of length,
area, volume or weight, only the finished work shall be paid for, local customs to the contrary notwithstanding.
For the estimating of quantities in which the computation of areas is required, it is agreed that the planimeter
shall be considered an instrument of precision adapted to the measurement of such areas.
15. COMMENCEMENT AND PERFORMANCE OF WORK - No work shall be started unto the Contract has
been executed and the Contractor has fulfilled all preliminary requirements of the Contract.
Following execution of the Contract, at the Owner's discretion, the Owner shall give the Contractor written
notice to commence work on the Project. The Contractor shall commence work on the Project within ten (10)
days of the date of such notice. The starting date for work on the Project shall be the date the Contractor
actually commences work on the Project or the tenth day after the date of the notice to commence work,
whichever occurs first.
The completion date shall be calculated using the starting date as defined above, unless otherwise specified by
amendment, supplemental agreement or addendum. In the event work on the Project is temporarily
discontinued by the Contractor, it shall notify the Engineer, in writing, at least 24 hours before resuming work
on the Project.
The Contractor shall submit, at such times as may reasonably be requested by the Engineer, schedules which
shall show the order in which the Contractor proposes to carryon work on this Project, with dates on which the
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Contractor will commence working on the several parts of the Project and estimated dates of completion of the
several parts. The Engineer shall have the right to change the schedule as it deems necessary.
The work shall be performed in a manner that we insure completion within the time set in the contract. In case
of failure to perform the work in such manner, the Engineer shall have the right to require the Contractor to
place in operation such additional force and equipment as it deems necessary.
16. CONTRACTOR DISPUTES - The Engineer shall determine the matters at issue and shall define the
respective rights of the various interests involved in any dispute arising between two or more Contractors
engaged on the Project and which disputes relate to the Contractors' work on the Project. The Engineer's
decision(s) shall be final and binding on all parties and shall not in any way provide a basis for a claim for
extra compensation by anyone of the parties.
17. CONFORMITY WITH PLANS AND SPECIFICATIONS - The Contractor shall not deviate from the
Plans, Specifications, details or the approved working drawings of the Project without the written approval of
the Engineer. All work performed and all materials furnished shall be in conformity with the material
requirements indicated in the Specifications or Special Provisions.
If, in the opinion of the Engineer, any of the work performed or any materials furnished are not in conformity
with the Plans or Specifications, such work or materials will be considered as defective work, and will be
subject to applicable state or local rules, regulations or provisions relating to such defective work. If the
Project is in the State of Minnesota, such defective work will be subject to Provision 1512 of the Minnesota
Department of Transportation Standard Specifications for Highway Construction.
18. COORDlNA TION OF PLANS AND SPECIFICATIONS - The Contractor shall promptly notify the
Engineer of any apparent error or omission in the Plans, Specifications or details. The Engineer shall be
permitted to make such corrections and interpretations as deemed necessary for fulfillment of the intent of the
Plans, Specifications, or Details.
Work not specifically included in the Contract Documents, but which may be fairly implied or understood as
included therein, shall be performed by the Contractor without extra charge.
Any ambiguity or discrepancy in the Contract Documents regarding work to be performed or materials to be
used shall be resolved in favor of the best class of work or materials reasonably available to the Contractor.
In the case of any discrepancy between the scale and figures on all Plans, details or drawings, the figured
dimensions shall govern. In the case of any discrepancy between the quantities shown in the Proposal and
those shown on the Plans, the Plans shall prevail. In the case of any other discrepancy in the Contract
Documents, the decision of the Engineer shall be conclusive.
19. CONFLICT - In the case of a conflict of meaning between any of the terms of the Contract Documents, the
provisions of the document listed first below control over those of a document listed later:
1. Addendum
2. Plans, Proposal, Proposal Form
3. Special Provisions
4. Standard Specifications
5. General Requirements
6. Supplementary Conditions
7. General Conditions
Special provisions and detailed plans shall modify and prevail over standard plans and specifications.
20. CONTRACTOR'S RIGHT TO REQUEST CHANGES - If the Contractor shall discover, prior to or during
construction, anything in the Contract Documents or in supplementary directions by the Engineer which in the
opinion of the Contractor appears to be faulty Engineering or design, it shall forthwith advise the Engineer in
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writing of the apparent error. If no objection is raised by the Contractor under the provisions of this article, the
Contractor waives any right to contest the provisions of the Contract Documents on the basis of faulty
Engineering or design.
21. CHANGES IN PLANS, SPECIFICATIONS OR CHARACTER OF WORK - The Owner or Engineer
have the right, as the work on the Project progresses, to make changes in the Contract Documents or in the
character of the work as may be considered necessary or desirable to complete construction of the Project.
Such changes shall not invalidate the Contract.
If the Contractor claims that any instructions, by drawings or otherwise, involve extra costs for which it would
claim extra compensation, it shall give the Engineer written notice thereof within a reasonable time after the
receipt of such instructions, and in any event before proceeding to perform the work, except in an emergency
endangering life or property.
The Owner or the Engineer may make changes in the Contract Documents by altering, adding to, or deducting
from the Contractor's obligations and the contract sum may be adjusted accordingly. In the event the change
made by the Engineer is to delete certain work or materials, no claim for anticipated profits shall be made by
the Contractor.
No such order for extra work or change shall be valid unless authorized by official action of the Owner and
communicated to the Contractor in writing. All such work shall be executed under the terms and conditions of
the Contract, except that any claim for extension of completion time caused thereby may be adjusted at the
time of ordering such change.
The Contractor shall be informed in writing of any such changes before performing the work. Upon receipt of
such notice, the Contractor shall promptly proceed with the change or extra work, and shall advise the
Engineer, within five (5) working days, of its acquiescence in or disagreement with the method, if any,
provided in the notice for determining the added compensation for such work.
Compensation to the Contractor for authorized extra work or change shall be based on one of the following
methods:
A. By mutual agreement between Contractor and Owner, a lump sum itemized and supported by data
substantiating the lump sum amount;
B. Unit prices as stated in the Contract or as subsequently agreed to;
C. As determined below.
If the Contractor does not agree with the method of compensation for authorized extra work or change, the
method and adjustment shall be determined by the Engineer on the basis of reasonable expenditures and
savings of those performing the work attributable to the change, including, in the event of an increase in the
amount of the Contract, a reasonable allowance for overhead and profit. In such case, and also under A and B
above, Contractor shall maintain and present, in such form as the Engineer may require, a detailed accounting
together with appropriate supporting data. Except as otherwise provided in the Contract Documents, cost for
authorized extra work or change shall be limited to the following:
D. Cost of labor, including social security, old age and unemployment insurance, fringe benefits required
by agreement or custom, and workers' or workman's compensation insurance;
E. Cost of materials, supplies and equipment, including cost of transportation, whether incorporated or
consumed;
F. Costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or
other;
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G. Cost of premiums for all bonds and insurance, permit fees, and sales, use of similar taxes related to
the Work; and
H. Additional costs of supervision and field office personnel directly attributable to the change.
The compensation as herein provided shall be received by the Contractor as payment in full for work done
pursuant to any change and said ten percent (10%) for labor and said fifteen percent (15%) for materials shall
cover profit, superintendence, general expense, overhead, bond premiums, insurance, the use of small tools
and equipment for which no rental is allowed, and all other costs incidental to implementing the change.
The Contractor or its representative and the Engineer or its representative shall compare records of work
performed pursuant to change at the end of each day. Copies of the records shall be made in triplicate and
signed by both parties.
All such claims for labor, affidavits of materials used, and claims for equipment used shall be presented to the
Engineer for payment no later than the first day of the month following that in which the work was actually
performed and shall include all labor charges and material charges insofar as they can be verified.
Should the Contractor refuse or fail to execute the work as directed, or to submit its claim as required, the
Owner may withhold payment of all current draw requests or, after giving the Contractor due notice, the
Owner may make payment for said work on a basis of a reasonable estimate of the value of the work
performed.
22. SUPERVISION - The Contractor shall designate one or more of its employees who shall have responsibility
and control of the Contractor's obligations and rights under the Contract Documents. At least one of such
designated individuals will be present on the Project Site at all times that work is in progress.
These designated Individuals shall represent the Contractor and all directions given to them pursuant to the
Contract Documents shall be binding as if given to the Contractor. All directions shall be confirmed on
written request by Contractor.
The Contractor shall give efficient supervision to the Project using its best skill and attention, shall carefully
study and compare all drawings, Specifications and other instructions and shall promptly notify the Engineer
of any inconsistency or omission which it may discover.
Copies of the Plans and Specifications will be supplied to the Contractor by the Engineer. The Contractor shall
have the Plans and Specifications available on the Project Site at all times during the performance of the work.
It shall give the Project its constant attention to facilitate the progress thereof and shall cooperate with the
Engineer in setting and preserving stakes, benchmarks, and all other things that are necessary for satisfactory
completion of the Project.
23. LABOR - The Contractor shall complete its obligations under the Contract and shall strictly enforce
discipline and order among the Contractor's employees and subcontractor(s). The Contractor shall not employ
employees or Subcontractor(s) not skilled in the tasks to which they are assigned or who are otherwise unfit to
prosecute the Work in a good and workmanlike manner.
24. STORAGE OF MATERIALS - Materials shall be stored so as to insure the preservation of their quality and
fitness for the work. Such materials, even though approved before storage, shall be subject at any time to
testing and must meet the requirements of the Contract Documents at the time they are used in the Project.
Materials shall be stored in a manner that will facilitate inspection.
The Engineer reserves the right to specify location of stock piles or excavated soils, debris, construction
materials, and the location of temporary facilities on the Project Site. The Contractor shall, if requested,
develop and submit a plan showing the proposed locations of such stock piles and facilities.
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From the commencement of the work unto the completion of the same, the Contractor shall be solely
responsible for the care of the materials delivered at the site and intended to be used in the Project, and all
injury or damage to the same from whatever cause, shall be at its expense. The Contractor shall provide
suitable means of protection for and shall take all necessary precautions to prevent injury or damage to the
materials of construction due to inclement weather at any and all times.
25. TESTING OF MATERIALS - When tests of materials are necessary, such tests shall be made by and at the
expense of the Contractor unless otherwise provided. The Contractor shall provide such facilities as the
Engineer may require for collecting and forwarding samples, and shall not use the materials represented by the
samples until tests have been made and the materials have been found to satisfy the Contract Documents. The
Contractor in all cases shall furnish the required samples without charge.
26. DEFECTIVE WORK - All work not conforming to the requirements of the Contract Documents shall be
considered as defective and will be rejected. The Contractor shall remove and replace or repair all such
defective work as ordered, in writing, by the Engineer.
Should the Contractor fail or refuse to remove or replace any defective work or to make any necessary repairs
in an acceptable manner and in accordance with the requirements of the Contract Documents within the time
indicated in writing, the Engineer shall have the authority to cause the unacceptable or defective work to be
removed and replaced or repaired at the Contractor's expense.
Any expense incurred by the Owner in making these removals, replacements, or repairs, which the Contractor
has failed or refused to make, shall be retained by the Owner from monies due or which may become due the
Contractor or may be charged against the Contract Bond. Continued failure or refusal on the part of the
Contractor to make any or all necessary repairs promptly, fully and in an acceptable manner shall be sufficient
cause for the Owner, at its option, to purchase materials, tools and equipment and employ labor to perform the
work. All costs and expenses incurred thereby shall be charged against the Contractor and the amount thereof
deducted from all monies due or which may become due to the Contractor under the Contract, or shall be
charged against the Contract Bond. Any work performed, as described in this article, shall not relieve the
Contractor in any way from its responsibility for the work performed by him.
27. PROTECTION OF WORK, PERSONS AND PROPERTY - The Contractor shall be solely responsible for
initiating, maintaining and supervising all safety precautions and programs in connection with the work. The
Contractor shall take all reasonable precautions for the safety of and shall provide all reasonable protection to
prevent damage, injury or loss to:
A. All employees on the Project and all other persons who may be affected thereby;
B. All the work and all materials and equipment to be incorporated therein, whether in storage on or on
the site, under the care, custody or control of the Contractor, Subcontractor(s), employees, agents or
delegates; and
C. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements,
roadways, structures, utilities, and all other improvements not designated for removal, relocation or
replacement in the course of the construction.
The Contractor shall give all notices and comply with all applicable laws, ordinances, rules, regulations and
lawful orders of any public authority bearing on the safety of persons or property or protection from damage,
injury or loss. The Contractor shall erect and maintain, as required by existing conditions and progress of the
work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings
against hazards, promulgating safety regulations and notifying owners and users of affected utilities and
properties.
The Contractor shall furnish, erect and maintain good and sufficient lighted barricades at all approaches to the
Project Site as necessary to protect the Project and the public. It shall protect all portions of the improvements
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from damage or defacement, and shall control public vehicular traffic as further specified herein and as
required by the Engineer.
Where work on the Project is carried on, in, or adjacent to any street alley or public place, the Contractor shall
furnish and erect such barricades, fences, lights and danger signals and shall provide such watchers and take
such other precautionary measures for the protection of persons and properly as are necessary. Excavations in
or adjacent to public streets or alleys in which water stands more than one (1 ) foot deep shall be securely
barricaded so as to prevent access by the public at all times work is not being carried on at the site excavations.
Barricades shall be placed in accordance with the Minnesota Manual on Uniform Traffic Control Devices and
Minnesota Standard Signs Manual Parts I, II and III. The Contractor shall furnish watchers in sufficient
numbers to protect the work.
When a detour is necessary because a street is blocked by the work on the Project the Engineer shall designate
its route and the Contractor shall furnish and post detour signs of type and size required by the Owner at places
designated by the Engineer.
When existing sewers or watermains have to be removed, the Contractor shall at its own cost and expense
provide and maintain temporary outlets and connections for all private or public drains, sewers, and watermain
or services. The Contractor shall be responsible for all sewage, drainage, and water from drains, sewers, and
watemains and services; and for this purpose a shall provide and maintain, at its own expense, adequate
pumping facades and temporary outlets and diversions. The Contractor at as own expense shall construct
troughs, pipes, and other necessary structures, and be prepared at all times to dispose of drainage, sewage, and
water received from these temporary connections until such time as the permanent connections shall be
returned to service. The existing sewers, watermains, and connections shall be kept in service and maintained
under the contract, except where specified or ordered to be abandoned by the Engineer. All water or sewage
shall be disposed of in a satisfactory manner so that no nuisance is created and so that the work in progress will
be adequately protected.
At shaft sites and on all open cut work, the Contractor shall provide and maintain free access to fire hydrants,
water and gas valves, manholes and similar facilities. Gutters and waterways shall be kept open or other
satisfactory provisions made for the removal of storm water.
The Contractor shall provide at its own cost and expense all methods for adequate drainage of the Project and
shall assume full responsibility and liability for damage to any persons or property resulting from such
drainage. No separate compensation will be paid for sub-drains, or other methods of draining. The cost
thereof shall be included in the Proposal and Contract.
No trees shall be cut except upon the specific authority of the Engineer. Trees adjacent to the work shall be
protected from all damage by the construction operations.
No provision in this Article 27 shall be construed to alleviate the Contractor of its responsibility for and
control over the construction means, methods, techniques, sequences and procedures for coordinating all of the
work pursuant to this Contract. The Contractor shall be responsible for all acts and omissions of the
Contractor's employees, Subcontractor(s), their agents and employees, and any other person or entity
performing portions of work on the Project for or on behalf of the Contractor.
28. DAMAGE TO EXISTING IMPROVEMENTS - The Contractor shall be entirely responsible for the
protection of all improvements that are not designated by the Engineer to be removed for proper construction
of the Project.
The Contractor shall not enter upon private properly for any purpose without having previously obtained
written permission from the owner thereof. The Contractor shall be responsible for the preservation of, and
shall use every precaution to prevent damage to, all trees, shrubbery, plants, lawns, fences, culverts, bridge,
pavements, driveways, sidewalks, etc., all water, sewer and gas lines; all conduits; all overhead pole lines or
appurtenances thereof; and all other public or private property along or adjacent to the work.
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All damage to existing improvements during the progress of this improvement shall be promptly repaired by
the Contractor under the direction of the Engineer. Such repairs shall be made according to the requirements
of the standard Specifications of the City for various types of improvements or classes of work required.
The Contractor shall notify the proper representatives of any public utility, corporation, company or
individual, not less than forty-eight hours in advance of any work which might damage or interfere with the
operation or otherwise impact their property. The Contractor shall be responsible for all damages or injury to
property resulting from any act, omission, neglect or misconduct in the manner or method of executing the
work, or due to its non-execution of the work, or at any time due to defective work or materials. It shall
restore, or have restored at its own cost and expense, all damaged property to a condition similar or equal to
that existing before such damage or injury was done by repairing, rebuilding, or otherwise restoring as may be
directed, or it shall provide compensation for such damage or injury in a manner acceptable to the Owner or
the Engineer.
In case of failure on the part of the Contractor to restore such property or compensate for such damage or
injury, the Owner may, upon forty-eight (48) hours written notice to the Contractor under ordinary
circumstances (and without notice when nuisance or hazardous condition results), proceed to repair, rebuild, or
otherwise restore such property as the Owner may deem necessary. The cost of such repairs, rebuilding, or
restoration will be deducted from any amounts owed the Contractor under the Contract and, if not so deducted,
the Contractor will be obligated to immediately reimburse the Owner for the cost thereof.
Prior to construction, the Contractor shall determine the existence and location of public and private utilities
which may be underground or overhead within street and highway rights-of-way or within easements and
which may be interfered with under this contract.
Existing underground, surface, or overhead structures or conditions are not necessarily indicated in the
Contract Documents, and those shown are only approximate indications and no responsibility is assumed by
the Owner or the Engineer for the accuracy of locations or conditions. The Contractor shall make such
investigations as are necessary to determine the extent to which existing structures or conditions may interfere
with construction and completion of the Project The sizes, locations and depths of such structures or
conditions as are shown on the Contract Documents are only approximations and the Contractor is responsible
for verifying the accuracy of the information given.
The Contractor shall not claim nor be entitled to receive compensation for any damages sustained by reason of
the inaccuracy or the omission of any of the information on the Contract Documents relative to the location,
existence, or condition of surface, overhead, or underground structures or conditions or by reason of its failure
to properly protect and to maintain such structures or conditions.
The Contractor is to exercise extreme care in crossing or working adjacent to all utilities and shall be
responsible to protect and maintain utility operation during the time the work is in progress. The Contractor
shall restore, at its own expense, any public structures, including, but not limited to, watermains, water
connections, and appurtenances, sewers, manholes, catch basins and sewer connections, which are damaged or
injured in any way during construction of the Project.
The Contractor shall indemnify, defend and hold harmless the Owner and Engineer, their offices, agents,
employees or delegates from any suit, liability, expense (including reasonable Attorney's Fees) or claim
brought for or on account of any damage, maintenance, removal and/or replacement or relocation of mains,
conduits, pipes, poles, wires, cables or other such structures of private utility firms or corporations, whether
underground or overhead, that may occur during construction of the Project. However, in cases where the
alignment of the utility, as shown on the Plans, coincides with the existing location of either an overhead or
underground privately owned utility so that, in the opinion of the Engineer, the relocation of said utility is
required to complete the Project, the Owner shall provide for such relocation.
29. PRIVILEGES OF CONTRACTOR IN STREETS, ALLEYS AND RIGHTS-OF-WAY - Subject to the
provisions of Article 28 above and during the performance of the Contract, the Contractor shall be permitted to
occupy such portions of streets, alleys, other public places or other rights-of-way, as shown on the Plans, or as
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permitted by the Owner. A reasonable amount of tools, materials and equipment for construction purposes
may be stored in such space, but not more than is necessary to avoid delays in construction. Excavated and
waste materials shall be piled or stacked in such a way as not to interfere with spaces that may be designated to
be left free and unobstructed and not to inconvenience occupants of adjoining properly. Other contractors for
the Owner may, for all purposes required by their contracts, enter upon the work and premises used by the
Contractor and the Contractor shall give to other contractors for the Owner all reasonable facilities and
assistance for the completion of adjoining work.. Any additional grounds desired by the Contractor for its use
shall be provided by him at its own cost.
Where the Project encroaches upon any State, County, Railway, or nonOwner right-of-way, the Owner will
secure the necessary easement or permit for the work. Where a crossing of such right-of-way required as part
of the Contract, the Contractor shall observe all the regulations and instructions of the owner of the right-of-
way as to methods of doing work. Precautions for safety of property shall be taken by the Contractor at its
expense. The Contractor will not be paid additional compensation for any such crossings.
30. OBSERVATION OF WORK - The Engineer and its representatives shall at all times have access to the
Project and Project Site. The Contractor shall provide proper facilities for such access and for observation
required by the Engineer.
The Engineer may make visits to the site at intervals appropriate to the various stages of construction to
observe the progress and quality of the work and to determine, in general, if the work is proceeding in
accordance with the Contract Documents. Contractor agrees that the Engineer's observations or
determinations, or Engineer's failure to make said observations or determinations, shall not be the basis of any
claim by Contractor, its agents, employees, Subcontractor(s) or delegates against the Owner or Engineer for
damage to property or injury to the Contractor, its agents, employees, Subcontractor(s) or delegates.
If the Specifications, the Engineer's instructions, laws, ordinances, or any public authority require any work to
be specially tested or approved, the Contractor shall give the Engineer timely notice of its readiness for the
inspection, and if the inspection is by authority other than the Engineer, of the date fixed for such inspection.
Inspections by the Engineer shall be promptly made, and where practicable, at the source of supply. If any
material is covered up without approval or consent of the Engineer, it must, if required by the Engineer, be
uncovered at the Contractor s expense.
Re-examination of questioned work may be ordered by the Engineer, and if so ordered, the work must be
uncovered by the Contractor. If such work be found in accordance with the Contract Documents, the Owner
shall pay the cost of re-examination and replacement if such work be found not in accordance with the
Contract Documents, the Contractor shall pay such cost. If work performed by the Contractor is uncovered by
a third party at the request of the Engineer, and is not in accordance with the Contract Documents, the
Contractor shall pay the cost of uncovering and replacing the work and materials.
31. DELA YS AND EXTENSION OF TIME - If the Contractor is delayed at any time in the performance of the
Contract by any negligent act, error or omission of the Owner, the Engineer or any employee of either, or by
any other Contractor employed by the Owner, or by changes ordered in the work, or by strike, or by other
causes beyond the Contractor's control, or by any cause which the Engineer shall determine justifies the delay,
then the Completion Date shall be extended for such reasonable time as the Owner may decide, and the
decision of the Owner shall be binding on both parties and shall not be arbitrary or unreasonable. No such
extension shall be made for delay unless a claim therefore is made in writing to the Engineer within seven (7)
days after the period of delay commenced. The Contractor shall not be entitled to extension of time for each
one of several concurrent causes of delay, but only for the actual period of delay. The Contractor shall have
no claim for damages against the Owner for delay in performance of the Contract due to any act or omission of
the Owner or any of its representatives. Its sole remedy for delay shall be its right to apply to the Engineer for
extension of time as provided herein.
32. REMOVAL OF NONCONFORMING MATERIAL - The Contractor shall promptly remove from the
premises all materials determined by the Engineer as failing to conform to the Contract, whether incorporated
in the Project or not, and the Contractor shall promptly replace and re-execute its own work in accordance with
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the Contract Documents, without expense to the Owner and shall bear the expense of restoring all work of
other Contractors destroyed or damaged by such removal or replacement.
All materials not conforming to the requirements of the Specifications shall be considered as defective and all
such materials, whether in place or not, will be rejected and shall be removed immediately. No material which
has been rejected, the defects of which have been corrected or removed, shall be used until approval has been
given by the Engineer.
If the Contractor does not remove rejected material within a reasonable time, the Owner may remove the
material and store it at the expense of the Contractor. If the Contractor does not pay the expense of removal
within ten (10) days after demand for payment is made in writing, the Owner, may, upon ten (10) days written
notice to the Contractor, sell such material at auction or at private sale and shall account to the Contractor, for
the net proceeds thereof, after deducting all the costs and expenses of removal, storage and sale.
33. FAILURE TO COMPLETE WORK ON TIME - The Contractor guarantees that it can and will complete
the work within the time limit stated in the Contract Documents, or within the extended time as provided
elsewhere in the Contract Document. Inasmuch as the damage and loss to the Owner which will result from
the failure of the Contractor to complete the work within the stipulated time will be most difficult or
impossible to accurately assess, the damage to the Owner for such delay shall be liquidated at a daily rate as set
in the Supplementary General Conditions or if no amount is stated In the Supplemental General Conditions, in
the amount thereof in accordance with the following table for each calendar day, Sundays and holidays
included, the Project is not substantially complete beyond the completion date as originally determined or
thereafter extended.
SCHEDULE OF LIQUIDATED DAMAGES
Original Contract Amount
From More Than
To and Including
Charge Per
Calendar Day
$ 0.00
50,000.00
100,000.00
500,000.00
1,000,000.00
2,000,000.00
$ 50,000.00
100,000.00
500,000.00
1,000,000.00
2,000,000.00
$ 150.00
250.00
400.00
500.00
600.00
900.00
The liquidated damages shall not be considered a penalty. The Owner has the right to deduct and retain out of
any money due, or to become due to the Contractor, the amount of liquidated damages accrued, and in case
those amounts are less than the amount of liquidated damages, the Contractor shall pay the deference upon
demand.
The Owner shall not be deemed to have forfeited or waived its right to liquidated damages by permitting the
Contractor to continue work on the Project beyond the Completion Date, nor by assuming control of the
Contractor's obligations and completing the Project as provided for in the Contract, nor by terminating the
Contract as provided herein.
34. THE RIGHT OF THE OWNER TO DO THE WORK - If the Contractor should neglect to properly
perform its obligations under the Contract, or fail to perform any provision of the Contract, the Owner, after
three (3) days written notice to the Contractor, may without prejudice to any other remedy the Owner may
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have, correct such deficiencies and may deduct the cost thereof from the payment then or thereafter due the
Contractor.
35. RIGHT OF THE OWNER TO DECLARE CONTRACTOR IN DEFAULT - In addition to those instances
specifically referred to in other Articles herein, the Owner shall have the right to declare the Contractor in
default of the Contract upon the occurrence of any of the following:
A. The Contractor becomes insolvent; or
B. The Contractor makes an assignment for the benefit of creditors pursuant to the statutes of the state in
which the project is located or pursuant to the laws of the United States; or
C. A voluntary or involuntary petition in bankruptcy is filed by or against the Contractor; or
D. The Contractor fails to commence work within the time prescribed under the Contract after being
duly notified to do so by the Engineer; or
E. The Contractor abandons the Project; or
F. The Contractor refuses to proceed with work on the Project when and as directed by the Engineer; or
G. The Contractor, without just cause, reduces its working force to a number which, if maintained,
would be insufficient, in the opinion of the Engineer, to complete the work in accordance with the
approved Progress Schedule, and fails or refuses to increase the working force when requested to do
so by the Engineer; or
H. The Contractor sublets, assigns, transfers, conveys or otherwise disposes of its contract in a manner
other than as herein permitted; or
1. A receiver or receivers are appointed to take charge of the Contractor s property or affairs; or
1. The Engineer is of the opinion that the Contractor is, or has been, unnecessarily or unreasonably or
willfully delaying the performance and completion of the Project, or the award of necessary
subcontracts, or the placing of necessary material and equipment orders; or
K. The Engineer is of the opinion that the Contractor is or has violated any of the provisions of this
contract; or
L. The Engineer is of the opinion that the work cannot be completed within the time herein required, or
within the time to which such completion may have been extended and that the impossibility of
timely completion is, in the Engineer's opinion, attributable to conditions within the Contractor's
control; or
M. The Engineer is of the opinion that the Contractor is not or has not been performing the contract in
good faith and in accordance with its terms; or
N. The Project is not completed within the time required or within the time by which such completion
has been extended.
36. EXERCISE OF THE RIGHT TO DECLARE IN DEFAULT - The right of the Owner to declare the
Contractor in default for any of the grounds specified or referred to in Article 35 hereof, shall be exercised by
sending the Contractor written notice, signed by the Owner, setting forth the ground or grounds upon which
such default is declared.
37. QUITTING THE SITE - Upon receipt of such notice the Contractor shall immediately discontinue all further
operations under the Contract and shall immediately quit the Project Site, leaving untouched all plant
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materials, equipment, tools and supplies then on the Project site which are not owned by the Contractor.
Notwithstanding the foregoing, the Owner may, in its notice of default to the Contractor, direct the Contractor
to remove from the Project Site all or any portion of plant materials, equipment, tools, and supplies.
38. COMPLETION OF THE WORK AFTER DEFAULT - The Owner, after declaring the Contractor in
default, may then have the Project completed by such means and in such manner (by contract with or without
public letting, or otherwise) as it may deem advisable, utilizing such of the Contractor's plant, materials,
equipment, tools and supplies remaining on the Project Site as it may deem advisable.
After completion of the Project, the Engineer shall complete a certificate stating the expense incurred in such
completion, which shall include the cost of re-letting and the total amount of liquidated damages (at the rate
provided for herein), from the date when the work should have been completed by the Contractor in
accordance with the terms hereof to the date of actual completion of the work. The certificate shall be binding
and conclusive upon the Contractor, its Sureties, and any person claiming under the Contractor, as to the
amount thereof.
39. PARTIAL DEFAULT - In the event the Owner shall declare the Contractor in default as to a part of the
Project only, the Contractor shall discontinue work on such part, in conformity with the terms of the Contract,
and shall in no way hinder or interfere with any other Contractor or persons whom the Owner may engage to
complete the portion of the Project for which the Contractor was declared in default.
The provisions of Article 35 relating to the entire Project shall be equally applicable to a declaration of partial
default, except that the Owner shall be entitled to utilize for completion of the part of the Project as to which
the Contractor was declared in default only such plant, materials, equipment, tools and supplies as had been
previously used by the Contractor on such part.
40. PROGRESS PAYMENTS - Application for progress payments shall be submitted prior to the first day of
each calendar month. The Contractor shall submit to the Engineer a verified application for each payment and,
H required, receipts or other vouchers showing its payments for materials and labor, including payments to
Subcontractor(s) .
In addition, if required by the Engineer, the Contractor shall, before the first application, submit to the
Engineer a schedule of values and quantities of the various parts of the Project the division of the Project into
parts shall be in accordance with the instructions of the Engineer. This schedule shall apportion the total
contract price among the various parts of the Project and shall be in form and accompanied by supporting
evidence as required by the Engineer. In applying for payments, the Contractor shall submit statements based
upon its schedule, supported by such evidence as the Engineer may direct, showing its right to payment
claimed. Payment claimed on account of materials delivered and suitably stored at the site, but not
incorporated in the work, shall, if required by the Engineer, be considered upon submission by the Contractor
of bills of sale, or such procedure as will establish the title of the Owner to such material, or otherwise
adequately protect the interest of the Owner.
Upon receipt of the Contractor's claim for payment, the Engineer shall approve the claim for the amount it
determines to be properly due. The Engineer will examine claims for payment promptly and its determination
of the amount due on progress payments will be final. Unless payments are withheld by the Owner for reasons
as provided in the Contract, payment will be made once a month on a basis of ninety-five percent (95%) of the
approved claim, provided the work is progressing to the satisfaction of the Engineer. Monthly payment claims
may include the value of acceptable materials required in the construction which have been delivered on the
site of the work or adjacent railway siding, and for which acceptable provisions have been made for their
preservation and storage and for which title of the Owner has been satisfactorily established. All materials,
when so paid for by the Owner, may be used by the Contractor in the performance of the work provided for in
the Contract. The amount paid by the Owner for materials shall go to reduce future payments due the
Contractor as the materials are used in the work.
The Contractor shall have the option regarding retain age in accordance with Minnesota Statutes 15.71 to 15.74
for projects within the State of Minnesota.
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Progress payment applications will be processed for payment by the Owner not later than the third Monday of
the following month, unless delayed by requirements for examination or auditing by other authorities.
Progress payments shall not constitute acceptance by the Owner of the work performed nor waiver of any
defects therein.
41. SCOPE OF PAYMENT - The Contractor shall receive and accept the compensation, as herein provided, in
full payment for furnishing all materials and labor and for all costs of whatever nature associated with
performing all work contemplated and embraced under the Contract; for all loss or damage arising out of the
nature of the work, or from the action of the elements, until its final acceptance by the Owner; for all risks
connected with the performance of the work; and for all expenses incurred in consequence of the suspension or
discontinuance of performance of the work as herein specified.
42. PAYMENTS WITHHELD - In addition to retained percentages, the Owner may withhold from payment to
the Contractor such an amount or amounts as may be necessary to cover:
A. Defective work not remedied.
B. Claims for labor or materials furnished to the Contractor or a Subcontractor, or reasonable evidence
indicating probable filing of such claims.
C. Failure of the Contractor to make payments properly to Subcontractor(s) for material or labor.
D. A reasonable doubt that the contract can be completed for the balance then unpaid.
E. Evidence of damage alleged to be caused by the Contractor to other persons or property in connection
with the work under the Contract for which claim has been or will be asserted against the Contractor,
the Owner or the Engineer.
F. Third-party claims against the Contractor or a Subcontractor, or reasonable evidence indicating
probable filing of such claims.
The Owner may disburse and shall have the right to act as agent for the Contractor in disbursing such
funds as have been withheld pursuant to this article to the party or parties who are entitled to payment
therefrom, but the Owner assumes no obligation to make such disbursement. The Owner will render
to the Contractor a proper accounting of all such funds disbursed.
43. FINAL INSPECTION - The Engineer will make final inspection of the Project as soon as practicable after
notification by the Contractor that work is nearing completion. If the work is not acceptable to the Engineer at
the time of its inspection, it will advise the Contractor in writing as to the particular defects to be remedied
before acceptance. If, within a period of ten (10) days after such notification, the Contractor has not taken
steps to speedily complete or correct the defect as directed, the Engineer may, without further notice and
without in any way impairing the Contract, make such other arrangements as it may deem necessary to have
the work completed in a satisfactory manner. The cost of so completing such work shall be deducted from any
monies due, or which may become due the Contractor on the Contract. If the amount due or to become due is
insufficient to cover the cost, the Contractor shall pay the unpaid amount to the Owner on demand.
44. FINAL PAYMENT - Upon completion of the Project and its acceptance by the Engineer, the Engineer will
prepare a final estimate containing quantities of each and every item of work performed by the Contractor and
the value thereof and will certify in writing to the Owner that the Project is complete and that it has accepted
the work. Upon performance by the Contractor of all other obligations herein and provided no grounds exist
for withheld payments as set forth in Article 42 above, the Owner will accept the certificate for final payment
and will notify the Contractor and its Surety or Sureties of the acceptance of the Project. The action of the
Owner and the Engineer, by which the Contractor is to be bound and the Contract concluded according to the
terms thereof, shall be evidenced by the aforesaid Certificate of Final Payment. All prior certificates or claims
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GENERAL CONDITIONS
upon which payment may have been made are merely partial estimates and subject to correction in the final
payment.
Before final payment is made for the work on this Project, the Contractor must make a satisfactory showing
that it has complied with the provisions of statutes covering any of the Work in the Jurisdiction in which the
Project is located, as the statutes now exist or as hereafter amended, requiring the withholding of any income
tax for wages paid employees on the Project. A Certificate of Compliance from the Commissioner of Taxation
or its equivalent in the Jurisdiction in which the Project site is located, will satisfy this requirement.
Final payment will not be made until the Contractor has filed with the Owner evidence in the form of an
affidavit, and such other evidence as may be required, that all claims against him by reasons of the Contract
have been fully paid, or satisfactorily secured. In case such evidence is not furnished, the Owner may retain
out of any amount due the Contractor sums sufficient to cover all claims unpaid.
45. NO WAIVER OF LEGAL RIGHTS - The Owner or the Engineer shall not be precluded or estopped from
showing at any time that any measurement estimate or certificate is incorrect or that the work or materials or
any part thereof do not conform to the Contract Documents. The Owner shall have the right to reject the
whole or any part of the work or material should the said measurement estimate certificate or payment be
found or be shown to be inconsistent with the terms of the Contract. The Owner shall not be precluded or
estopped notwithstanding any such measurement estimate certificate any payment in accordance herewith,
from demanding and recovering from the Contractor and its Surety such damages as it may sustain by reasons
of its failure to comply with the terms of the Contract Documents.
Neither the acceptance of the Owner or as Engineer or any of their agents or employees nor any certificates by
the Engineer for payment of money nor any extension of time nor any possession taken by the Owner or its
employees shall operate as a waiver of any portion of the Contract or any power or right herein reserved by the
Owner nor shall any waiver of any breach of the Contract be held to be a waiver of any other breach.
46. WORK IN STORMS - The Engineer may have the right to order the stoppage of work during rain or snow
storms or other meteorological situations that in the opinion of the Engineer require work stoppage or delay
and all freshly placed work shall be protected by suitable covering in such a manner as to prevent damage.
Sufficient covering shall be provided by the Contractor and kept ready for this purpose.
The Contractor will not be entered to extra compensation for work stopped or delayed by the Engineer due to
any meteorological phenomenon.
47. NIGHT WORK - Work on the Project shall not be done at night except in the event of an emergency on
upon direction of the Engineer. The Engineer may order work to be performed at night if in its opinion, it is
for the best interest of the Owner. Suitable and sufficient lighting facilities shall be provided by the Contractor
for all work performed at night. No extra compensation will be allowed for work performed at night.
48. USE OF EXPLOSIVES - If it is necessary to use explosives in the construction of the Project the Contractor
shall obtain permits and comply with all the applicable laws, ordinances and regulations. It shall fully protect
all completed works as well as all overhead surface or underground structures and shall be liable for any
damage done to the work or to the Project or to other structures on public or private property and for injuries
sustained by persons by reason of the use of explosives in its operations. Explosives shall be handled, used
and detonated by experienced personnel only. All firing shall be done by electricity. All explosives supplies
shall be safely stored and protected in a storage faculty marked clearly "DANGER - EXPLOSIVES" . Caps or
other explosives shall not be stored at the same location where dynamite or other explosives are stored.
49. NOISE EUMINA TION - The Contractor shall eliminate noise to as great an extent as possible at all times.
Air compressing plant shall be equipped with silencers and the exhausts of all gasoline motors or other power
equipment shall be provided with mufflers.
50. WATER - The Contractor shall make arrangements with the proper state and local officials and/or private
parties for obtaining any water which may be needed for construction or personal use.
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51. SANITARY PROVISIONS - The Contractor shall comply with all laws ordinances and regulations as now
existing or hereafter amended of the State and local health authorities and shall make the necessary precautions
to avoid unsanitary conditions.
52. DIFFERING SITE CONDITIONS - If conditions are encountered at the project site which are (a)
subsurface or latent physical conditions differing materially from those indicated in the Contract Documents or
(b) unknown physical conditions which defer materially from those ordinarily found to exist and generally
recognized as inherent in construction activates of the character provided for in the Contact Documents then
notice by the observing party shall be given to the other party and the Engineer promptly before conditions are
disturbed and in no event later than five (5) days after first observance of the conditions. The Engineer shall
promptly investigate the conditions and if they differ materially and cause an increase or decrease in the
Contractor's cost of or time required for performance of any part of the work, will recommend an equitable
adjustment in the payment for or time to complete the work. If the Engineer determines that the conditions at
the project site are not materially different from those indicated in the Contract Documents and that no change
in the terms of the Contract is justified the Engineer shall so notify the Owner and Contractor in writing stating
the reasons. Claims by either party in opposition to such determination must be made within ten (10) days
after the Engineer is given notice of its decision. No claim of the Contractor under this Article shall be
allowed unless the Contractor has given the notice required above. If the Owner and Contractor cannot agree
on an adjustment to the amount of payment for or at the time of completion of the work due to differing site
conditions the matter shall be referred to the Engineer for determination.
53. ACCIDENT PREVENTION - Precautions shall be exercised by the Contractor at all times for the protection
and safety of persons and property in accordance with the applicable OSHA requirements.
54. "OR EQUIVALENT" CLAUSE - Whenever in any of the Contract Documents any article, appliance,
device or material is designated by the name of the manufacturer or vendor or by any proprietary name and
such name is not followed by the words "or equivalent", it shall be deemed that such words "or equivalent" do
follow such designation unless the context clearly requires a contrary construction. Any article or material that
is equivalent to the standards of the item specified may be used in place of that specifically mentioned by the
Contract Documents proved that the material proposed is first submitted to and accepted by the Owner or its
authorized representative.
55. DISCRIMINA TION ON ACCOUNT OF RACE CREED OR COLOR PROHIBITED - The Contractor
agrees to abide by the following requirements regarding discrimination and to include the following
requirements in each of its subcontracts:
A. That in the hiring of common or skilled labor for the performance of any work under any contract or
any subcontract hereunder, no contractor, material supplier, or vendor, shall by any reason of race,
creed, color, religion, national origin, sex, marital status, status with regard to public assistance,
membership or activity in a local commission, disability or age discriminate against the person or
persons who are citizens of the United States who are qualified and available to perform the work to
which such employment relates;
B. That no contractor, material supplier, or vendor shall, in any manner, discriminate against, or
intimidate, or prevent the employment of any such person or persons, or on being hired, prevent, or
conspire to prevent, any such person or persons from the performance of work under any contract on
account of race, creed, color, religion, national origin, sex, marital status, status with regard to public
assistance, membership or activity in a local commission, disability or age;
C. That the Contract may be canceled or terminated by the Owner and all money due or to become due
hereunder may be forfeited for a second or any subsequent violation of the terms or conditions of this
Article;
D. Any other provisions required by law.
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56. SITES TO BE KEPT CLEAN - The Contractor shall promptly remove all waste materials or refuse resulting
from its operations from the Project Site, the streets and public and private properly occupied by him or
adjacent to the Project. Equipment not usable on the Project shall be promptly removed and the adjacent
premises maintained in a neat and orderly condition at all times. Advertising signs will not be permitted on the
Project except one sign identifying the Contractor and Subcontractor(s) which signs have been approved in
writing by the Engineer.
Upon completion of the work and before acceptance and final payment the Contractor shall remove from the
project site and adjacent property all surplus and discarded materials, equipment, rubbish and temporary
structures; restore in an acceptable manner all property both public and private which has been damaged
during construction of the Project and shall leave the site in a neat and presentable condition.
57 . WARRANTY - The Contractor warrants to the Owner and Engineer for a period of either one (1 ) year from
approval of final payment by the Owner or longer period as may be specified under State Statutes that
materials and equipment furnished under the Contract will be of good quality and new unless otherwise
required or permitted by the Contract Documents that the work will be free from defects not inherent in the
quality required or permitted, and that the work will conform with the requirements of the Contract
Documents. Work not conforming to these requirements including substitutions not properly approved and
authorized may be considered defective. The Contractor's warranty excludes remedy for damage or defect
caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance,
improper operation or normal wear and tear under normal usage. If required by the Engineer, the Contractor
shall furnish satisfactory evidence as to the kind and quality of materials and equipment.
Upon written notice by the Owner, the Contractor shall immediately replace without expense to the Owner any
such faulty part or parts and damage done by reason of the same. Should the Contractor fail to repair or replace
the defective work within a period of thirty (30) days of such notification, the Owner may replace the defective
work and charge all expenses to the Contractor.
58. SEVERABILITY - In the event any provision of the Contract shall be held invalid, illegal or unenforceable
by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other
provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby.
59. EFFECT OF HEADINGS AND TABLE OF CONTENTS - The section or article headings herein and the
Table of Contents are for convenience only and shall not affect the interpretation or construction of the
Contract.
60. CONTRACT COUNTERPARTS - The Contract may be simultaneously executed in several counterparts,
each of which shall be an original and all of which shall constitute one of the same Instrument.
61. CONSTRUCTION - The Contract shall be construed in accordance with the laws of the state in which the
Project Site is located.
62. WRITTEN NOTICE TO PARTIES - All notices, certificates or other communications hereunder shall be
sufficiently given and shall be deemed given when hand delivered or mailed by certified mail, return receipt
requested, postage prepaid, with proper address as indicated below.
The parties hereto may, by written notice to the other(s), designate any other address or addresses to which
such communications to them shall be sent when required under the Contract. Unless and until otherwise
provided by the respective parties, all notices, certificates and communications to each of them shall be sent to
the following addresses:
TO THE OWNER: See Supplementary General Conditions
TO THE CONTRACTOR: See Proposal Form
2007 Bituminous Seal Coating GC-21
GENERAL CONDITIONS
63. COMPLIANCE WITH HUMAN RIGHTS REQUIREMENTS - The Contractor shall promptly execute all
forms indicating compliance with all applicable state or federal human rights laws, regulations, rules, or
requirements.
64. SHOP DRAWINGS - The term "shop drawings", includes drawings, diagrams, layouts, schematics,
descriptive literature, illustrations, schedules, performance and test data; and similar materials furnished by the
Contractor to explain in detail specific portions of the work required by the Contract.
If this Contract requires shop drawings, the Contractor shall coordinate all such drawings and review them for
accuracy, completeness, and compliance with contract requirements and shall indicate its approval thereon as
evidence of such coordination and review. Shop drawings submitted to the Engineer without evidence of the
Contractor's approval may be returned for resubmission.
The Engineer will review the submitted documents for overall design intent and mark them wit one of the
following actions:
A - NO EXCEPTIONS TAKEN
B - NOTE MARKINGS
C - REVISE AND RESUBMIT
D - REJECTED
Actions A & B indicate that the Contractor may proceed with fabrication and installation. If a document so
approved is resubmitted for review, modifications to the approved documents shall be noted in an
accompanying letter.
Actions C & D indicate that the Contractor may not proceed with the marked work, must correct the
documents as noted, and resubmit for review by the Engineer.
All costs associated with the review of any shop drawing submitted more than two (2) times shall be borne by
the Contractor with said costs being deducted from final payment to the Contractor.
If a shop drawing is submitted that varies from the Contract requirements, the variations shall be described in
writing, separate from the drawings, at the time of submittal. If a variation is approved and it requires a
change in price or in time of performance, a Change Order shall be negotiated between the Contractor and
Owner.
Any work that is accomplished prior to approval of a related shop drawing shall be at the Contractor's risk.
Approval by the Engineer of a shop drawing shall not relieve the Contractor from responsibility for any errors
or omissions in such drawings, nor from responsibility for complying with the requirements of this Contract,
except with respect to variations described and approved in accordance with the above paragraph.
2007 Bituminous Seal Coating
GC-22
SPECIAL PROVISIONS
1. DESCRIPTION OF WORK
A. The work shall consist of pre-sweeping of the designated streets with a pickup broom,
the following with an application of bituminous material and cover aggregate. Also
included is providing traffic control as required to complete the work and notification of
the affected residents.
The Contractor shall also conduct a post sweeping of streets after 10 working days
from completion of Bituminous Material and Cover Aggregate installation in each
city. All materials recovered during the sweeping operations shall remain the
property of the Owner and shall be deposited by the Contractor at the Public Works
Facility of each Owner.
The streets within the Cities of Shorewood and Tonka Bay to be seal coated are
designated on maps at the end of the Instructions to Bidders. Tabulations of quantities
have been included as part of this document for each street. The OWNER (S) reserves
the right to add or to delete work from that shown on the maps and tabulations as
required to meet budgetary constraints.
2. RELATED DOCUMENTS
A. The general provisions of the Contract, including General and Supplementary
Conditions and provisions of Division 1, General Requirements, apply to the work
specified in this section.
B. Use of the term "Drawing, Specifications, and General Requirements within this
specification shall be construed to mean those documents which compliment, modify, or
clarify these specifications and are accepted as an enforceable component of the Contract
of Contract Documents. All references to MN/DOT Specifications shall mean the latest
published edition of the Minnesota Department of Transportation Standard
Specifications for Construction, as modified by any MN/DOT Supplemental
Specifications issued before the date of Advertisement for Bids.
3. WORK TO BE COMPLETED BY OWNERS
A. Streets within the Cities of Shorewood and Tonka Bay
1. Patching and crack sealing of the streets to be seal coated.
SP -1
2007 Bituminous Seal Coating
SPECIAL PROVISIONS
4. WORK SCHEDULE
A. Construction Period
All work shall be done between June 15,2007 and August 30, 2007.
B. Preconstruction Meeting
Prior to the beginning work under this contract, the CONTRACTOR shall arrange for a
meeting with representatives from the Cities of Shorewood and Tonka Bay at which
time the specifications will be reviewed and the scheduling of work will be discussed
and determined.
This meeting shall take place at least 5 calendar days prior to the intended start date of
work. No work shall commence without such a meetinl!, with each city prior to
work beinl! done.
c. Working Hours
All work to be conducted under this CONTRACT shall be completed between the
hours of 7:00 AM to 5:00 PM (CDT) Monday thru Friday. Work will be allowed
only with the permission of city representatives on Saturdays and no work will be
done on Sundays.
D. The CONTRACTOR shall organize and coordinate its work with each community, such
that it will not inconvenience the public. In addition to the above state time period, the
restrictions for construction listed in MN/DOT 2356.3A shall apply.
5. TRAFFIC CONTROL
A. The CONTRACTOR shall be responsible for providing and maintaining barricades,
Warning signs, directional signs, "No Parking" signs flag persons and lights to control
the movement of traffic, Placement of these devices shall be approved by the OWNER
prior to work. Traffic control devices shall conform to the latest edition of the
Minnesota Manual on Uniform Traffic Control Devices (MN MUTCD), and as further
described below:
2007 Bituminous Seal Coating
SP- 2
SPECIAL PROVISIONS
B. Flag Persons
The CONTRACTOR shall provide a minimum of 2 flag persons equipped with the
Following equipment:
1) Traffic safety vests
2) Traffic paddle signs "Slow - Tops", Minimum size 18" x 18"
Flag persons shall be required at all times during the application of bituminous seal coat
material and cover aggregates, and shall not be permitted to leave the seal coat
operations to operate any piece of equipment associated with the seal coating process.
C. No Parking Signs
The CONTRACTOR shall furnish and install "NO PARKING" signs on all streets to be
seal coated 16 hours prior to initial sweeping operations. Signs shall be maintained and
shall be removed by the CONTRACTOR after rolling operations are completed. The
CONTRACTOR shall notify the residents affected by the project of the schedule of the
work and shall coordinate the notification effort with the OWNERS.
D. "Loose Gravel Signs"
The CONTRACTOR shall furnish and install "Loose Gravel" signs, minimum size
30" x 30", and shall meet the requirements of the (MN MUTCD). All "Loose Gravel"
signs shall be furnished, installed, maintained by the contractor prior to the
commencement of seal coating operations. The Contractor shall remove said signs
10 calendar days after seal coating operations have been completed.
The locations for the placement ofthe "Loose Gravel" signs have been indicated on
The location maps for each municipality at the end of this section.
E. Staggering of Operations
The CONTRACTOR shall stagger the seal coating work, coordinate all
Flag persons and traffic control, such that some streets are available for traffic and
parking while other adjacent streets are closed for seal coating.
2007 Bituminous Seal Coating
SP- 3
SPECIAL PROVISIONS
6. PREPARATION OF STREETS PRIOR TO SEAL COATING
A. The CONTRACTOR shall sweep the streets prior to seal coating using an Elgin pickup
Broom or approved equal. All material collected by the Contractor during the sweeping
operations prior to the application of seal coat material shall become the property of the
CONTRACTOR and shall be disposed of properly.
7. SWEEPING
A. Sweeping of streets prior to the application of bituminous material and cover aggregate
shall be performed by the CONTRACTOR for which no additional compensation
will be made. Notice to Cities prior to seal coat rock clean up, road posting, etc...
B. Sweeping of streets after the application of bituminous material and cover aggregate
shall be performed by the CONTRACTOR, for which no additional compensation
will be made. Aggregate material recovered during post sweeping operations by the
CONTRACTOR within the Cities of Shorewood and Tonka Bay shall become the
property of each City.
8. MATERIALS
A. Bituminous Materials
1. Bituminous materials for Sealcoat shall be emulsified asphalt (CRS-2) meeting the
requirements of MN/DOT 3151.
B. Cover Aggregate Furnished By the Contractor
1. Cover aggregate shall be F A-2, Granite. All aggregate shall meet the requirements of
MN/DOT 3127.
C. Cover Aggregate Furnished by the Owners
1. The City of Shorewood will provide to the CONTRACTOR approximately 850 tons
ofFA-2, Class A, Gray Granite cover aggregate which has been tested and certified
to meet these specifications. Said aggregate is located at the Shorewood Public
Works Facility.
2007 Bituminous Seal Coating
SP- 4
SPECIAL PROVISIONS
2. The City of Tonka Bay will provide to the CONTRACTOR approximately 500 tons
of F A-2, Class A, Gray Granite cover aggregate, which has been tested and certified
to meet these specifications. Said aggregate is located at the Tonka Bay Public
Works Facility.
D. The CONTRACTOR shall submit certificate of compliance for the bituminous material
to each municipality to be used on the project prior to beginning work. All materials for
the project shall be obtained from the same source with exception to the cover aggregate
provided by the OWNER.
9. APPLICATION
A. All work shall be done in compliance with MN/DOT 2356.
B. The rate of application shall be within the following ranges:
FA-2 Aggregate (Granite)
Emulsified Asphalt
24-28 pounds per sq. yd.
0.28-0.32 gal. per sq. yd.
C. Bituminous material shall be applied with a distributor capable of applying bituminous
Material at a computerized rate and shall meet the requirements ofMN/DOT 321.3Cl.
D. Immediately following the application of bituminous material, cover aggregate shall be
distributed utilizing a self-propelled chip spreader capable of spreading a 16- foot width.
No tailgate or spinner type aggregate spreaders mounted on a truck shall be used for
applying aggregate on this project.
E. The CONTRACTOR shall check yield and maintain the application rate specified.
The CONTRACTOR and City Field Personnel shall tabulate. bv approximation.
the amount of cover a22re2ate and bituminous material on a street bv street basis.
as the operation proceeds. Yields in excess of the specified range will not be
compensated unless the OWNER approves a greater application rate.
2007 Bituminous Seal Coating
SP- 5
SPECIAL PROVISIONS
10. ROLLING OPERATIONS
A. A minimum of 2 rollers per chip seal spreader will be required to be used during seal coat
operations. Rollers shall conform to MN/DOT specifications 2356.3F.
11. METHOD OF MEASUREMENT AND BASIS OF PAYMENT
A. Traffic Control
Traffic Control items including flag persons, sign paddlers, Loose Gravel Signs, No Parking
Signs, barricades, materials, machinery or labor as described herein, or as required to
maintain safe traffic conditions before, during, and after seal coating operations, shall be
compensated for as a lump sum item under the Traffic Control item of the Contract.
B. Sweeping
All materials, labor, and machinery required for sweeping before or after seal coat operations
and any associated hauling of materials from sweeping operations shall be considered
incidental to the CONTRACT, for which no additional compensation will be made.
C. Bituminous Material
Payment for the accepted quantities of bituminous material at the appropriate contract prices
shall be compensation in full for all costs of constructing the seal coat as specified. The
CONTRACTOR shall furnish the OWNER haul tickets or bills of loading at the time
of delivery.
The CONTRACTOR shall check yield and maintain the application rate specified.
The CONTRACTOR and City Field Personnel shall tabulate. by approximation. the
amount of cover a2:2:re2:ate and bituminous material applied on a street by street basis.
as the operation proceeds. Yields in excess of the specified range will not be
compensated unless the OWNER approves a greater application rate.
Bituminous material on the street will be measured by volume in gallons. Cover aggregate
furnished by the CONTRACTOR will be measured by the weight of the material deposited
on the road. Cover aggregate furnished by the OWNER will be measured by vehicle
measure.
The OWNER will not compensate bituminous material and cover aggregate in excess of the
maximum range without prior approval.
2007 Bituminous Seal Coating
SP - 6
SPECIAL PROVISIONS
D. INCREASED OR DECREASED QUANTITIES
The OWNER reserves the right to increase or decrease quantities to meet budgetary
requirements. The provisions of MN/DOT specifications 1903 shall not apply to this
CONTRACT.
E. ALL OTHER WORK
The costs of all other work shall be included with the bid unit prices for bituminous
material and cover aggregate items of the CONTRACT for which no additional
compensation will be paid.
12. BASIS OF AWARD
A. The basis of award will be the lowest responsible bid for the Total Project, as defined in the
Proposal Form.
2007 Bituminous Seal Coating
SP-7
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD' SHOREWOOD, MINNESOTA 55331-8927' (952) 474-3236
FAX (952) 474-0128. www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us
Celebrating 50 Years. 1956 - 2006
MEMORANDUM
DATE:
April 4, 2007
TO:
Mayor and City Council
FROM:
Craig W. Dawson, City Administrator/Clerk
CC:
Larry Brown, Director of Public Works
RE:
Approve Vendor Services for Spring Clean-Up
On January 22,2007, Council set May 19,2007, as this year's Spring Clean-Up Day. Quotes
were requested from six licensed trash haulers for general refuse on Spring Clean-Up Day. Four
responses were received, with quotes from Waste Management and Waste Technology, Inc., and
two providers indicated they were not interested in submitting a quote. The two quotes received
are attached.
Waste Technology, Inc., provided the best pricing for the services requested. As a reference,
Waste Technology, Inc., has provided Spring Clean-Up services in the past. Staff is very pleased
with the level of service provided.
As in past years, proposals were also received from GreenMan Technologies ofMN, Inc., for tire
disposal services; and J.R.'s Appliance Disposal, Inc., for appliance and electronics disposal, and
lawn and garden equipment. Copies of the proposals are attached.
Staff is recommending approval of a motion that awards the contracts for Spring Clean-Up
Services to Waste Technology, Inc. (general refuse); GreenMan Technologies ofMN, Inc.
(tires); and J.R.'s Appliance Disposal, Inc. (appliances, electronics and small equipment).
City Council Action
Approval of a motion awarding the Contract for 2007 Spring Clean-Up Services as
recommended by staff.
,~
" , PRINTED ON RECYCLED PAPER
"'..
PROPOSAL FORM
FOR SPRING CLEANUP SERVICES FOR THE CITY OF SHOREWOOD, MINNESOTA
TOTAL QUOTE
$ I ~Ct=[) I t;'Q
, ~fj I
QUOTER'S FIRM NAME: CJT]: (AJ),-S#<--.1f~-)((Jd tJq V :t::-LA
OFFICIAL ADDRESS: ~y d--'-f '-'lh)b((", 0,,) {::; ..4...J2}
grc:tb ~ J \~\ (I PeL r l\... /v\ {,I .s~~ /../1./3
PHONE NUMBER: "7 (os .- 3IS-- (Cf S-S
FAX NUMBER: 7 ((I !..~ 3 i <;"-1 f( ((
To The City Council of:
Shorewood, Minnesota
5755 Country Club Road
Shorewood, Minnesota 55331
City Officials:
1. The following proposal is made for furnishing of all labor, materials and
machinery necessary to provide pickup and disposal services at the
Shorewood Public Works Facility, located at 24200 Smithtown Road.
2. The Undersigned certifies that the Contract Documents listed in the
instructions to films providing quotes or proposals have been carefully
examined, and that the site of the work has been personally inspected. The
Undersigned declares that the amount and nature of the work to be done is
understood, and that at no time will misunderstanding of the Contract
Documents be pleaded. On the basis of the Contract Documents, the
Undersigned proposes to furnish all necessary apparatus to furnish all the
materials in the manner specified, to accept as full compensations, therefore,
the sum of the various products obtained by multiplying each unit price
herein bid for the work or materials, by quantities thereof actually incorporated
into the completed project, as detennined by the Public Works Director. The
Undersigned understands that the quantities mentioned herein are approximate
only, and are subject to increase or decrease, and hereby proposes to perform all
quantities of work as either increased or decreased, in accordance with the
provisions of the specifications, at the unit prices quote in the following Proposal
Schedules, unless such schedule designates lump sum or plan quantity quotes.
3. PROPOSAL SCHEDULE: Quoter agrees to perform all work described in the
Specifications for the following unit prices:
PROPOSAL FORM
SECTION 1.0
PUBLIC WORKS SITE - ON SITE SERVICES
Item
Quantity
Unit
Unit Price
Total Price
2. On Site Personnel
Person HI's
$ (./l ( CD
$<~ CC~
--.:>\J
Total Quote
$ I {)( j ()(O t:cV / iJ JO'i~(;}. V
'-::;J t;-... ) ^ (~
...-/ I ~,V_J~ U\i 'c,,.
$----
= $ (?eJJOIGO
1. General Refuse
Ton
(Total Quote shall also be noted top left of page 1 of this proposal form)
.,
PROPOSAL FORM
4. The Contract shall be awarded to the lowest responsible firm with the lowest
quote for the Total Quote, as defined above. The Owner reserves the right to
delete any items of the proposal form.
5. In submitting this proposal it is understood that the right is reserved by the Owner
to reject any or all proposals and to waive informalities.
6. In submitting this proposal, the Undersigned acknowledges receipt of Addenda
Nos. issued to the Contract Documents.
7.
If a corporation, what is the state of incorp
.-' (3 C \
. E. -A./ ~
8. If a partnership, state full name of all co-partners.
Official
Firm Name: ~TL W?S.{.-t I(?C~f\Olc~V [;./v)C___
By: 0-2\j\'C~ +~A\( t_S
\
Title: Prts~~~~~./Jf
By:
Title:
Dated '~.--";L \
,2007
PROPOSAL FORM
FOR SPRING CLEANUP SERVICES FOR THE CITY OF SHOREWOOD, MINNESOTA
$ 19,283.00
QUOTER'S FIRM NAME: Waste Management
OFFICIAL ADDRESS: 490 Industrial Blvd
Winsted, MN 55395
TOTAL QUOTE
PHONE NUMBER:
FAX NUMBER:
320-485-4054
320-485-3736
To The City Council of:
Shorewood, Minnesota
5755 C01..mtry Club Road
Shorewood, Minnesota 55331
City Officials:
1. The following proposal is made for furnishing of all labor, materials and
machinery necessary to provide pickup and disposal services at the
Shorewood Public Works Facility, located at 24200 Smithtown Road.
2. The Undersigned celiifies that the Contract Documents listed in the
instructions to firms providing quotes or proposals have been carefully
examined, and that the site of the work has been personally inspected. The
Undersigned declares that the amount and nature of the work to be done is
understood, and that at no time will misunderstanding of the Contract
Documents be pleaded. On the basis of the Contract Documents, the
Undersigned proposes to furnish all necessary apparatus to furnish all the
materials in the manner specified, to accept as full compensations, therefore,
the sum of the various products obtained by multiplying each unit price
herein bid for the work or materials, by quantities thereof actually incorporated
into the completed project, as determined by the Public Works Director. The
Undersigned understands that the quantities mentioned herein are approximate
only, and are subject to increase or decrease, and hereby proposes to perform all
quantities of work as either increased or decreased, in accordance with the
provisions of the specifications, at the unit prices quote in the following Proposal
Schedules, unless such schedule designates lump sum or plan quantity quotes.
3. PROPOSAL SCHEDULE: Quoter agrees to perform all work described in the
Specifications for the following unit prices:
Spring Cleanup Services 2007
PROPOSAL FORM
SECTION 1.0
PUBLIC WORKS SITE - ON SITE SERVICES
Item Quantity Unit U nit Price Total Pxice
1. General Refuse Ton $ $ in total quote
2. On Site Personnel Person Hrs $ $ in total quote
Total Quote =$ 19,283.00
(Total Quote shall also be noted top left of page 1 of this proposal form)
Spring Cleanup Services 2007
2
PROPOSAL FORM
4. The Contract shall be awarded to the lowest responsible firm with the lowest
quote for the Total Quote, as defined above. The Owner reserves the right to
delete any items of the proposal form.
5. In submitting this proposal it is understood that the right is reserved by the Owner
to reject any or all proposals and to waive informalities.
6. In submitting this proposal, the Undersigned acknowledges receipt of Addenda
Nos. issued to the Contract Documents.
7. If a corporation, what is the state of incorporation?
Minnesota
8. If a partnership, state full name of all co-partners.
Official
Firm Name: Waste Manaqement of MN, InL'
By:
Pam Fleischacker
r~ ~W~~~
Th~: Municipal Marketing Mgr
By:
Title:
Dated
March 1 2 , 2007
Spring Cleanup Services 2007
..,
J
~
~~
MINNESOTA
10619 Courthouse Blvd., Inver Grove Heights, ,MN 55077
Telephone (651.) 454-921.5 Fax (651) 454-8345 (800) 358~6563
Website: advancedrecyclers.com e-mail: recyc1e@jrsappliauce.com
SCHEDULING/RESERV ATION FORM
Customer/Agency: City of Shorewood
Contact Person: Pat Faschin~
Phone: (952) 474-3236 Fax: (952) 474~0128
Office (Billing) Address: 5755 Country Club Road
Collection Site Address: ~J/.~OO 0'tY/ r'f-hi-own '/~d
Collection Date(s): Spring /5 -l1~do?) 7
Collection Hours: From ~ : 00 1\ IV'\.
Fees Collected By: Customer CJ .\-~ 0 ~ S he 'l-l...~~exD<:A
Speciallnstructions/Remarks:
Title: Recyclin~ Coordinator
Cell:
5,1-,00..eu.:J00cf
Fall
To if ~Oo P f\/I,
J.R.'S
Services Needed, For Event
(check alJ that apply)
~. AppUances: $10 per unit plus a $10 surcharge on all air conditioners and water softeners
Commercial and gas/ammonia appliance fees will vary
~ Electronics: _$0.35 per pound plus $150 per roll offbox (recommended for> 1.00 units)
~ Or, we can charge by the piece, see attached price list or make other arrangements
o Scrap Metal: $150 per roll offbox (20, 25~ 30, or 40 yard boxes available)
o Tires: See attached price list
o Batteries: See attached price list
o Bulbs: See attached price list
a Propane T~nks: See atta.ched price list
J.R.'S Appliance Disposal, Inc. (RECYCLER) ensures all items collected wilt be recycled according to Federal law aud the laws of the State
of Minnesota. J.R.'S is solely responsible for the safe removal of all PCB's, Mercury, CFC's, Appliance metals, and Other hazardous wastes,
The Recycler retains the right to refuse any appliances deemed to be in such compacted or destroyed condition which prevents tile proper
removal of hazardous wastes andlor refriger.ant according to law. The Recycler shall secure and maintain, all necessary PERMITS and
APPROVALS necessary to handle said items. The Recycler will also provide any necessary CERTlFICATES OF INSURANCE to the
Customer, prior to start of work. INSURANCE shall remain in. effect at all tiines and not be matedally changed.
Special charges will be agreed to by both par.ties prior to acceptance by either party, Custom.ers shall pay within 30 days of the invoice date.
The Recycler shall INDEMNIfY and HOLD the Customer and its employees HARMLESS from all claims, demands, and causes of action of
any kind, character, including the cost of defense thereof, resulting from the acts) omissions, of the Recycler; of the organization's respective
officers, agents, employees, ancJ/or the individuals receiving benefit from. the funds or items exchanged relating to the activities conducted
under tbis agreement.
/~.
A~cepted fo~ Cus~om~r: (~~,t, d - 7-07
TItle: (,- / / . .,fA . ,
Accepted for J.R.'S Appliance;
Title: Administrative Assis
CD
/ ;2 - J 0- C) ~
.t
OMER: Keep thi.s original and fax 2nd copy back to J.R.'S Appliance
.. Printed on Recycled Paper .
GREENMAN TECH OF MN
NO. 011
P. 2
MAR. 7. 2007 1: 06PM
Recycll\!c1 pllper 0
GREENMAN
iECHNO~OGIE$ OF MINNeSOTA INC.
TIRE RECyCLING DIVISION
March 7,2007
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Attention: Pat Fasclllng
Dear Pat:
Upon your approval, GreenMan Technologies of MN, Inc. looks forward to
being part of the City of Shorewood Spring Clean-up. .
GreenMan Technologie.s of MN will deliver a 12' cage Friday May 18, 2007,
and pick up the loaded cage Monday May 21, 2007. Greemnan
Tecbnologies will charge $465/ load (*Plus fuel surcharge) to deliver and
haul the loaded cage, and process and recycle the waste tires,
please sign below accepting the above terms and conditions.
Thank you for choosing GreenMan Technologies. Please feel free to
contact me if you have questions, or additional service is required,
--)
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!, /'"'/ . . ..... .l~"'7''' .v)., ....
szZit_~UQc2IU:.:Jid_--_~1.!1-2Z-
AUTHORIZATION' (/ 'DATE
----------~---------------~---
GMTI
DATE
"1,'b.e fuel surcl1arge is based on the ave:rage price for the Midwest region on the 1"
Monday of every month. The information is provided by the us Department of Energy,
and can be viewed @ WVolW.eia.doe.g.Qv
"'" Q
\)X-. \ l U (:r
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P v~\::::> \ i C \Il.) 0 rz.. \-( S.
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S {V\ ~ ~\r\ \-C'i.-O n
'\ 2496 WYOMING A V~NUE SOUTH . SAVAGE, MINN~SOT A 56:.371:. . (952) 694-5280 . FAX: (952) 694-5061
MEMORANDUM
TO:
FROM:
DATE:
RE:
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD' SHOREWOOD, MINNESOTA 55331-8927' (952) 474-3236
FAX (952) 474-0128. www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us
Celebrating 50 Years. 1956 - 2006
Mayor and City Council
Craig Dawson, City Administrator
Larry Brown, P.E., Director of Public Works
James Landini, P.E., City Engineer 9-et.
April 05, 2007
Authorization to Commence with Easement Acquisition for the
rehabilitation of Lift Station 12
In preparation for the rehabilitation of Lift Station 12 on Christmas Lake Point Road,
temporary construction easements will need to be acquired.
The proposed improvements will require excavation that extends past existing easement
boundaries. We will request temporary construction easements from impacted properties
to rehabilitate Lift Station 12.
Since many ofthe components of the project have been viewed as an improvement by the
residents impacted, it is hopeful that the easements can be granted by the property
owner's, in exchange for the improved aesthetics and maintenance concerns.
Recommendation
Staff recommends that the City Council approve a motion authorizing commencement of
easement acquisitions as shown on attachment 1.
,~
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CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD' SHOREWOOD, MINNESOTA 55331-8927 . (952) 474-3236
FAX (952) 474-0128. www.ci.shorewood.mn.us. cityhall@ci.shorewood.mn.us
Celebrating 50 Years. 1956 - 2006
MEMORANDUM
TO:
FROM:
DATE:
RE:
FILE NO.
Mayor and City Council
Brad Nielsen
5 April 2007
Appeal Notice to Remove - Patricia Lindsey
Property (5875 Howard's Point Road)
In response to a Notice to Remove (see Exhibit A) that was sent to the owner of the
above-referenced property, John Lindsey has asked for an extension of time to resolve
title issues related to a Chevrolet Vart that was included in the notice. The other items
include in the notice have been cleaned up.
Mr. Lindsey does not specify how much time will be necessary to obtain the title for the
van. The Council has routinely granted 30-day extensions in instances where the owner
has made a good faith effort to correct violations. This seems to be the case for this
property. As such staff recommends that the owner be given until 9 May to obtain an up-
to-date license for the vehicle in question.
If the owner fails to comply with the deadline recommended above, it is further
recommended that any remaining violations be turned over to the City Attorney for
further legal action.
CC: Craig Dawson
Tim Keane
Joe Pazandak
John Lindsey
,~
t' , PRINTED ON RECYCLED PAPER
"'..
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD 'SHOREWOOD,M1NNESOTA 55331-8927' (952) 474-3236
FAX (952) 474-0128. www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us
Celebrating 50 Years · 1956 - 2006
DATE: March 23, 2007
TO: John and Patricia Lindsey
425 North Linton Street
Blue Earth, MN 56013
PROPERTY LOCATION: 5875 Howards Point Road
PROPERTY IDENTIFICATION NO.: 31-117-23-41-0004
NOTICE TO REMOVE
Public Nuisances
NOTICE IS HEREBY GIVEN that there existsi a condition on the above referenced property
which is in violation of Chapter 501, Section 501.05, Subd. 9 ofthe Shorewood City Code, a
copy of which Section is enclosed. The nuisanceto be removed from the property includes, but
is not limited to the following:
UNLICENSED AND/OR INOPERABLE VEHICLES OR EOlliPMENT:
. Chevrolet Van (white), Lic# JNH 919 (Sep'05) - expired license; inoperable
OTHER:
. Storm door; animal cage; mailbox; concrete debris; Christmas tree.
You are hereby required to remove the above-described matter and any other nuisance matter
located on the property and in violation of Chapter 501, Section 501.05 within ten (10) days from
the date hereof. In the alternative, you may file a written notice of appeal at the Shorewood City
Hall within ten (10) days, in which case your appeal will be set for hearing at the next regularly
scheduled meeting ofthe City Council.
If you do not respond to this Notice within ten (10) days, the City shall take whatever legal action
as may be necessary to have the offensive matter removed. The costs incurred by the City for
such removal shall be charged to the property owner and become a lien against the property.
*** PLEASE GIVE THIS MATTER YOUR IMMEDIATE ATTENTION ***
BY ORDER OF THE SHOREWOOD CITY COUNCIL
(f<;),
It 'il PRINTED ON RECYCLED PAPER
ctzr
Page 1 of 1
Planning Department
From:
To:
Sent:
Subject:
"joh nandpattil indsey" <johnandpattil indsey@charter.net>
<plan n ing@ci.shorewood.mn.us>
Monday, April 02, 2007 4:00 PM
public nuisances
To: City of Shorewood
April 2, 2007
From: John Lindsey
Re: 5875 Howard's Point Road
Public Nuisances
The issues of the storm door, animal cage, mailbox, concrete debris and Christmas tree have been removed.
The renter, Jennifer Shirvani, would like an extension on the issue of the van parked in the driveway. She is going
to be the sole legal owner of the van once the title issue is resolved with her ex-husband. Until then, she can't obtain
license tabs for the vehicle. The van is operational.
I would appreciate your cooperation with an extension regarding the van. It will be resolved.
Sincerely,
John Lindsey
4/4/2007
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 . (952) 474-3236
FAX (952) 474-0128. www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us
Celebrating 50 Years. 1956 - 2006
MEMORANDUM
TO:
Mayor and City Council
FROM:
Brad Nielsen
DATE:
5 April 2007
RE:
SYC - c.u.P. for Fire/Rescue Boat
FILE NO.
405(07.01)
At its last meeting, the City Council directed staff to prepare a resolution approving
an amendment to the conditional use permit for Shorewood Yacht Club that would
allow the Excelsior Fire District to keep its fire/rescue boat at the yacht club. This
resolution is included in your packet. The Council also asked that outstanding issues
(i.e. parking and site alteration) be addressed along with the resolution.
Staff met with the Fire Chief on site to determine how best to accommodate
emergency vehicle parking near Timber Lane and how much site alteration may be
necessary to provide parking and an opening for the proposed dock. Fire Department
personnel actually brought their heavy rescue vehicle to the site. When I arrived it
was parked neatly in the old driveway that extends into the narrow strip of property
owned by the SYC. The Fire Chief indicated that the space was very easy to get into
and would only require a couple of low-hanging tree branches to be trimmed up. The
ground is very firm in that location, probably due to its past use as a driveway. As
such, we are recommending that no additional surfacing be required at this time. If,
in the future it is determined that rutting or erosion is occurring, it could be surfaced
with Class V at that time. Similarly, a second vehicle could easily be accommodated
adjacent to the Timber Lane right-of-way. The Chief indicated that a second vehicle
arriving at the site would be very occasional. Again, it is recommended that this area
not be resurfaced unless erosion proves to be an issue. Both of the parking spaces are
illustrated on Exhibit B of the draft resolution. Staff suggests that "Emergency
Vehicle Parking Only" signs be posted to prevent public use of these parking spaces.
=II- g If
,~
" , PRINTED ON RECYCLED PAPER
"'..
Memorandum
Re: SYC Conditional Use Permit - Fire/Rescue Boat
5 April 2007
With respect to the proposed dock, there is a very natural spot where they propose to
place it. Although they will have to place a small (four feet wide) stairway at the
shoreline to overcome the grade change, it will not be anything more than many
residential docks need. Vegetation removal can be limited to the removal of three
small (3-4" caliper) trees and some buckthorn. In short, site alteration necessary to
accommodate the dock and the parking will be extremely minimal.
It is worth noting that Council member Wellens has submitted additional comments
regarding the c.u.P. His comments are included in your packet.
Cc: Craig Dawson
Tim Keane
Scott Gerber
Larry Brown
Mike Maloney
CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION APPROVING SHOREWOOD YACHT CLUB REQUEST FOR
AMENDMENTS TO TERMS OF CONDITIONAL USE PERMIT
WHEREAS, W of Shorewood, LLC (Applicant), representing Shorewood Yacht Club,
has an interest in the property (Subject Property) located at 600 West Lake Street, legally
described in Exhibit A, attached hereto and made a part hereof; and
WHEREAS, the Subject Property is subject to the requirements of the L-R, Lakeshore
Recreational zoning district, a conditional use permit as set forth in Shorewood City Council
Resolution No. 00-111, and a multiple dock facility license approved by the City Council at its
regular meeting of 12 February 2007; and
WHEREAS, both the L-R zoning district and the conditional used permit referenced
above limit the number of powerboats that may be kept at the Subject Property to four; and
WHEREAS, the Applicant has applied to the City for an amendment to the terms of the
existing conditional use permit, that would allow the fire/rescue boat owned by the Excelsior Fire
District to be moored at the Subject Property; and
WHEREAS, the Applicant's application was reviewed by the Shorewood Planning
Director, and his recommendations have been set forth in memoranda to the Planning
Commission, Mayor and City Council, dated 1 March 2007 and 5 April 2007, which memoranda
on are on file at the Shorewood City Offices; and
WHEREAS, a public hearing was held and the Applicant's application was reviewed by
the Planning Commission on 6 March 2007, the minutes of which meeting are on file at the
Shorewood City Hall;
WHEREAS, the Applicant's request was considered by the City Council at its regular
meeting on 26 March 2007, at which time the Planner's memoranda and the minutes of the
Planning Commission were reviewed and comments were heard by the Council from the City
Staff..
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
1. The Subject Property is zoned L-R, Lakeshore Residential and is subject to a conditional
use permit as set forth in Shorewood City Council Resolution No. 00-111.
2. The Subject Property contains approximately 2.84 acres ofland, separated through the
middle by the Hennepin County Regional Railroad Authority right-of-way.
3. The Subject Property is located on Gideon's Bay, Lake Minnetonka.
4. Zoning and land use surrounding the Subject Property are as follows:
South:
Lake Minnetonka
Minnetonka Portable Dredging Company; zoned C-4, Service Commercial
and single-family residential, zoned R-IA1S, Single and Two-Family
Residential
County Road 19, then commercial (The Garden Patch and Shorewood
Nursery); zoned C-4, Service Commercial and R-C, Residential
Commercial
Townhouse common area, then single-family residential; zoned R-IB/S,
Single-Family Residential/Shoreland
North:
East:
West:
5. Land use zoned for single-family residential development is located adjacent to the
Subject Property.
6. The Excelsior Fire District has determined that their response time will be reduced by
locating the fire/rescue boat at the Shorewood Yacht Club instead of its current location
in Tonka Bay.
7. There is adequate room to park emergency vehicles off-street where the subject property
connects to Timber Lane.
CONCLUSIONS
A. Based upon the findings contained herein, the City Council determines that the
Applicant's Plans are in the interest of public safety and are consistent with the
Shorewood Comprehensive Plan 2000 and the purpose and intent of the Shorewood
Zoning Code and hereby approves the Applicant's request for an amendment to the
current conditional use permit and license for the Shorewood Yacht Club.
B. Approval of the amendment to the conditional use permit is subject to the following
conditions:
1. Access to the dock at which the fire/rescue boat will be kept will be via Timber
Lane.
2. Parking for emergency vehicles will be limited to the areas illustrated on Exhibit
B, attached hereto and made a part hereof.
3 Emergency vehicle parking areas will be posted with signs prohibiting any
parking other than emergency vehicles.
-2-
4. The proposed emergency vehicle parking areas are currently surfaced with grass.
If, in the future, it is determined by the City that more durable surfacing is
necessary to prevent rutting and erosion, the Applicant shall cause the parking
areas to be surfaced with a minimum of Class V crushed rock material.
5. The proposed dock for the fire/rescue boat shall be located so as to minimize site
alteration. A stairway, no wider than four feet and constructed of timbers or
masonry block, may be built to access the subject dock.
5. The Excelsior Fire District shall use emergency vehicle sirens only on emergency
calls.
6. The Excelsior Fire District shall operate the fire/rescue boat in compliance with
applicable current and future wake restrictions on Gideon's Bay.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 9th day of
April, 2007.
CHRIS LIZEE, MAYOR
CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK
-3-
(insert legal description)
-4-
Exhibit A
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Page 1 of 4
Craig Dawson
From: Martin Wellens [m.wellens@mchsi.com]
Sent: Thursday, March 29, 2007 8:54 AM
To: cdawson@ci.shorewood.mn.us
Cc: planning@ci.shorewood.mn.us
Subject: FW: two items
To the Shorewood Council,
Monday night I said I had heard of no reason the fire boat couldn't be located at the existing SYC docks.
SYC owner/partner Mike said that it was 1) an extremely muddy area right now and cars might get stuck and 2)
that the dock fingers were only a foot wide, making it hazardous to carry gear on such a narrow plank.
Item 2 resonated with me.
As part of a confidence building course in the Army I had to walk about 70 feet on a 12" wide plank 40 feet above
the water.
Note the steps in the middle, 'ust to add to the terror. ;-)
That statement took all the wind out of my opposition; too such a degree that I made the motion to move forward
on the new dock issue.
Tuesday I got permission from Mike and went down to the docks and found what I consider to be, a slightly
different situation.
4/2/2007
Page 2 of 4
The docks are not 12" wide but 15-16" wide (no I didn't count the soft bumpers on the edge). A 3" difference is
quite substantial (25%).
The following pictures will give you some perspective.
I'd suggest this is a comfortable and stable platform to walk on. Now my thought is that these docks are plenty
wide.
Note this wide triangle section where the bow/front would be. This design makes it much easier to get around the
bow.
You're not walking 15 feet out on a narrow plank, but only one or two feet and you have the boat's railing to hold
on to.
4/2/2007
Finally I drove my Toyota Camry down there with no problem.
This is a very wet time with all the melting. Even these small puddles are on hard-packed soil.
4/2/2007
Page 3 of 4
Page 4 of 4
The prior owner (Cross) had offered to put the fire boat at the SYC (in exchange for motorized boats) but he did
NOT request a separate dock or that the fire trucks use a residential street. He offered his existing docks and the
use of his marina as the entrance.
So despite my motion, now I'm leaning back to my original position. I see no reason to run the trucks down a
residential street, building steps and another dock.
Martin R. Wellens
4755 Lakeway Terrace
Shorewood, MN 55331-9367
4/2/2007
Excelsior Fire District
Proudly serving the Communities of:
Deephaven-Excelsior-Greenwood-Shorewood- Tonka Bay
24100 Smithtown Road
Shorewood, MN. 55331
Date:
Thursday, April 5, 2007
To:
City of Shorewood
From:
Scott Gerber, Fire Chief
Cc:
Dana George, Assistant Chief (via e-mail)
Mike Heiland, Battalion Chief (via e-mail)
Heidi Viesturs, Fire District Board Chair (via e-mail)
Mike Maloney, Shorewood Yacht Club (via e-mail)
Re:
Follow-up to Fire Boat placement at Shorewood Yacht Club
Please find this memo for follow-up to the Boat placement at the Shorewood Yacht Club.
On this day, Mike Heiland and I met with Brad Nielsen at the Timber Lane site. We brought the EFD heavy rescue
vehicle to the site for observation and assessment. We found the following:
. When the Heavy Rescue responds to the site, the firefighters can depart from the Heavy Rescue to the boat while
the Heavy Rescue is still parked on Timber Lane. During this process, cars can still pass the Heavy Rescue in a
safe manner on Timber Lane.
. The Heavy Rescue would be driven or backed into the site through the area currently chained off. Once the chain
is removed, the vehicle fits between the poles that are currently placed. The current grassy surface for parking is
adequate at this time.
. Branches will need to be trimmed along this parking and access area to avoid scraping against the truck while
parking in the access area.
. Additional vehicles that may respond to the site would park on the side of Timber Lane in the current grassy area.
o Specifics on parking - east side of Timber Lane and North of the Trail.
. The access area for the dock will need to have small tress removed. All tress are small in diameter.
. Steps will need to be constructed down the bank to gain access to the lake.
. Significant changes to the site will not need to occur for this boat access to function effectively.
If you have any further questions or concerns, please contact me at 952-960-1650 or sgerber@excelsiorfire.org.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD' SHOREWOOD, MINNESOTA 55331-8927' (952) 474-3236
FAX (952) 474-0128. www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us
Celebrating 50 Years. 1956 - 2006
MEMORANDUM
Date:
To:
From:
Re:
cc:
April 05,2007
Honorable Mayor and City COllncil Members 10 '"
Bonnie Burton, Finance Director/Treasurer ~wvL/
Request for Authorization of Funds to Purchase Financial Software Package
Craig W. Dawson, City Administrator 0>
Background
Shorewood's current financial software package was purchased and installed about 10 years ago
for a cost of about $40,000. The package includes General Ledger (financial management),
payroll, and utility billing. Although it has been a workhorse for these many years, it is not
particularly user-friendly and is becoming obsolete.
Staff has reviewed various governmental (fund accounting) financial software packages. Some of
the important criteria included: ease of use; reporting capabilities; integration with other software
programs; expandability; cost; company reputation; training; customer Sllpport and service.
Some of the software packages reviewed included: INCODE In Vision Financial Suite products
from Tyler Technologies; Springbrook Software; Civic Systems, LLC; Municipal Software, Inc.;
Banyan Data Systems, Inc; and Mainstreet Software Corp. The prices generally ranged in the
$25,000 - $26,000 for software only. When data conversion, installation, and training were
factored in, the package costs ranged from $30,000 to $63,000.
Recommended Software
After extensive review, staff has concluded that the INCODE Financial Suite products, by Tyler
Technologies, are uniquely qualified to provide the best value with a combination of all of the
above in a well-integrated package. We especially liked that it is compatible with automatic radio
read software; it has the capability to accommodate auto-pay and electronic funds transfer systems;
it can be integrated with additional modules such as cash collections and building permit tracking
software (at additional cost, depending on the module, which not all other vendors offered).
Currently approximately 55 Minnesota cities/utilities use their products.
,~
" , PRINTED ON RECYCLED PAPER
....
The InVision Financial Suite for the software license fees is $25,614; however the vendor applied a
40% discount because Shorewood is a current user of some of their products, and thus the total
software license fee is $16,482. Data conversion would be $7,200 and the training cost is
estimated at $19,200 for 160 hours of training. (The training cost is an estimate only and could be
higher or lower depending on the number of hours required: 160 hours seems high to me and we
would strive to learn the product quickly.)
To summarize, the total package quote for Core Financials (general ledger, budget prep,
bank recon, journal entry, accounts payable, report writer); Fixed Assets; Project
Accounting; Payroll/Personnel; and utility billing is $42,882.
The software vendor Tyler Technologies is somewhat backlogged on their installations. They have
indicated Shorewood should plan for a SeptembedOctober installation timeframe.
Recommendation
Staff requests City Council authorization to proceed with the purchase and installation of the
INCODE In Vision Financial Software Suite from Tyler Technologies as proposed for the
estimated purchase price of $42,882. The 2006 budget allocated $47,000 for this expenditure
and this amount is available in fund balance for this planned purchase.
Financial and Administrative
Information Systems Proposal
Prepared for
City of Shorewood
Bonnie Burton
Finance Director
5755 Country Club Rd.
Shorewood, MN 55331-8926
Phone: 952-474-33236
FAX: 952-474-0128
Prepared By:
Tyler Technologies
John Smith
(800) 264-0561
February 2, 2007
t
I
r
tyl~r
Customer Name:
Contact:
Date:
Salesman:
City of Shorewood
Bonnie Burton
February 2, 2007
John Smith
Software Licenses and Professional Services
Application Software
QTY License Fee Discount %
Total
License
Fees
Pncmg (NeaOE ~ ImplementatIon
INCODE Financial Applications
Core Flnancials 1 6.580 40%
(General Ledger. Budget Prep, Bank Recon, Joumaf Entry Import, Exporter, Accounts Payable, Report Writer Viewer)
Office Exporter (per seat) 1 500 40%
Fixed Assets 1 1,250 40%
Project Accounting 1 2,000 40%
PayrolllPersonnel 1 4,500 40%
INCODE Customer Relationship Management Applications
Utility CIS System
INCODE Professional Services
Project Management
System Software
AccuODBC # users (L)
AcuCorp AcuServer Distributed Data Server Software (L)
_ Limited (Less than 25 users)
AcuCorp Accu4GL (for SQL Server) # users (L)
AcuCorp Run Time (Windows) # users (L)
8,000
40%
240
1,000
5
5
1,020
524
3,948
Estimated Estimated Annual
Conversion Hours Services Total Cos Maintenance
480 40 4,800 9,228 1.645
2 240 540 125
480 2 240 1,470 313
480 6 720 2,400 500
1.920 30 3.600 8.220 1,125
3.840 80 9,600 18,240 2,000
2,000 2,000
NIA 240 60
NIA 1,000 250
NIA 1,020 255
NIA 524 131
300
750
1,200
2,700
4,800
240
1,000
1,020
524
INCODE Subtotal
INCODE System Software Subtotal
22,830
2,784
2
13,698
2.784
7,200
160
19,200
40,098
2,784
5,708
696
Total
25,614
Accu4GL
Prepared By
Tyler Technologies
800.646.2633
16,482
7,200
160
19,200 V"
6,404
2110(,1211
Customer Name:
Contact:
Date;
Salesman:
City of Shorewood
Bonnie Burton
February 2, 2007
John Smith
tyler
Conversion Breakdown
Application Software
Utility CIS
Master File
Transaction History
Consumption History - requires Trx History Conversion
General Ledger
Chart of Accounts - No History
Budgets
Detail History
- Each additional year of detail
Accounts Payable
Vendor File - No History
Detail History
- Each additional year of detail
Payroll
Master File, Hislory, YTD Balances
Fixed Assets
Masler File
Project Accounting
Estimated Hours
Estimated Services
32
3,840
480
16
4
1,920
480
4
480
Conversion Total
60
7,200\
Prepared By
Tyler Technologies
800.646.2633
2006121 i
Customer Name:
Contact:
Date:
Salesman:
City of Shorewood
Bonnie Burton
February 2, 2007
John Smith
INCODE System Requirements
Recommended
Dedicated Microsoft Windows 2003 Server 1 running Active Directory
Dedicated Microsoft Windows 2000 Server 1 running Active Directory
Microsoft Windows 2005 SOL Server
Microsoft Windows certified server
Nationally recognized name-brand
2 Pentium 4 2 Ghz or fastel' processor
4 GB RAM or greater
RAID 5 SCSI Disk Array
100 GB's available disk space (May vary by City size)
Removable-media backup system
1000mbps (Gigabit) Ethernet NlC
CD-ROM drive
lOOmhps Switched network with lOOOmbps backbone to server
CA T5e or CA T6 cable plaat
Microsoft Windows XP Professionae or
Microsoft Windows Office 2003
Microsoft Windows certified PC
Nationally recognized name-brand
Pentium 4 2 Ghz or faster processor
512 MB's RAM
1 GB available disk space
100mbps Ethernet NIC
SVGA monitor
Minimum l024x768 video resolution
Windows 2003 Terminal Services
Windows 2000 Terminal Services
Tl, DSL, cable. or other hi-speed method
MAPI Compliant mail
(For email enabled features)
Minimum Required[!]
Microsoft Windows 2000 Server 1 running
Active Directory
Microsoft Windows 2000 SQL Server
Microsoft Windows certified server
Nationally recognized name-brand
Pentium 4 2 Ghz
2 GB's RAM
RAID 5 SCSI Disk Array
60 GB's available disk space (May vary by City size)
Removable-media backup system
100mbps Ethernet MC
CD-ROM drive
I OOmbps Switched network
CA T5e cable plant
Microsoft Windows 2000 Professional'
Microsoft Windows Word 2003 (Court)
Microsoft Windows certified pes
Nationally recognized name-brand
Pentium III 400 Mhz
256 MB's RAM
500 MB's avaiiable disk space
100mbps Ethernet NIC
SVGA monitor
Minimum l024x768 video resolution
Windows2000 Tenninal Services
56 kbps
MAPI compliant mail
(For email-enabled features)
I Systems that do not meet the minimum specs may not provide reliable Of adequate performance, and [NCODE cannot guarantee acceptable results.
2 The current Microsoft service pack should be installed. Currently Windows 2000 requires SP4 and Windows 2003 requires Spl a.
Microsoft SQL 2000 requires sp4, and Microsoft SQL 2005 requires sp I
J Windows 95/98/M.E/XP Home and peer-la-peer networks are not supported.
4 Remote locations with less than IOOmbps will probably require a remote access solution
Prepared By
Tyler TechnologIes
800.646.2633
20U612ll
tyler
Customer Name:
Contact:
Date:
Salesman:
City of Shorewood
Bonnie Burton
February 2, 2007
John Smith
INCODE System Requirements
Dedicated Microsoft Windows 2003 Server 1 running Active Directory
Dedicated Microsoft Windows 2000 Server 1 running Active Directory
Microsoft Windows 2005 SOL Server
Microsoft Windows certified server
Nationally recognized name-brand
2 Pentium 4 2 Ghz or faster processor
4 GB RAM or grenter
RAID 5 SCSI Disk Array
100 GB's available disk space (May vary by City size)
Removable-medin backup system
1000mbps (Gigabit) Ethernet NIC
CD-ROM drive
100mbps Switched network with 1000mbps backbone to server
CATSe or CAT6 cable plnnt
Microsoft Windows XP Professional2 or
Microsoft Windows Office 2003
Microsoft Windows certified PC
Nationally recognized name-brand
Pentium 4 2 Ghz or faster processor
512 MB's RAM
I GB available disk space
100mbps Ethernet NIC
SVGA monitor
Minimum l024x768 video resolution
Windows 2003 Terminal Services
Windows 2000 Terminal Services
Tl, DSL, cable, or other hi-speed method
MAPI Compliant mail
(For email enabled features)
Microsoft Windows 2000 Server 1 running
Active Directory
Microsoft Windows 2000 SOL Server
Microsoft Windows certified server
Nationally recognized name-brand
Pentium 4 2 Ghz
2GB'sRAM
RAID 5 SCSI Disk Array
60 GB's available dlSk space (May vary by City size)
Removable-media backup system
I OOmbps Ethernet NIC
CD-ROM drive
I OOmbps Switched network
CA T5e cable plant
Microsoft Windows 2000 Professionai'
Microsoft Windows Word 2003 (Court)
Microsoft Windows certified PC:S
Nationally recognized name-brand
Pentium 1lI 400 Mhz
256 MB's RAM
500 MB's available disk space
100mbps Ethernet NIC
SVGA monitor
Minimum I024x768 video resolution
Windows2000 Terminal Services
56 kbps
MAP I compliant maii
(For email-enabled features)
I Systems that do not meet the minimum specs may not provide reliable or adequate performance, and rNCODE cannot guarantee acceptable results.
2 The current Microsoft service pack should be installed. Currently Windows 2000 requires SP4 and Windows 2003 requires Sp I a.
Microsoft SQL 2000 requires sp4, and Microsoft SQL 2005 requires sp I.
3 Windows 95/98fMEIXP Home and peer-to-peer networks are not supported.
.. Remote locations with less than 100mbps will probably require a remote access solution
Prepared By
Tyler Technologies
800.646.2633
200(,\21 \
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SHOREWOOD
5755 COUNTRY CLUB ROAD' SHOREWOOD, MINNESOTA 55331-8927' (952) 474-3236
FAX (952) 474-0128. www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us
Celebrating 50 Years · 1956 - 2006
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
Craig W. Dawson, City Administrator Al'-..
April 5, 2007 (IV
2007-2028 Capital Improvement Plan, Excelsior Fire District
The Excelsior Fire District Board has approved sending its 2007-2028 Capital Improvement Plan for
consideration by the councils of the five member cities. According to the joint powers agreement,
any amendment (which is what an update is) to the CIP requires approval by at least two-thirds of the
member cities by April 15 (although this date has not been strictly observed in prior years). This
timing was established so that budget planning for the following year would reflect the approved CIP.
Shorewood is the fourth city council to consider the proposed CIP. On April 2, the Deephaven city
council continued the proposed CIP to April 16 in order to review further the technology outlay for
2008. The Excelsior city council approved it on April 2, and the Greenwood city council approved it
on April 3. The Tonka Bay city council will consider the CIP on April 10.
Attached are memoranda from the Fire Chief and the proposed CIP. The Chief's memoranda detail
the proposed schedule of equipment and any changes from the current (2006-2025) CIP. The major
changes appearing in the proposed 2007-2028 CIP are:
. The CIP is presented with two major components.
o The Capital Equipment Plan (CEP) has been the focus of capital planning in all prior
CIPs. Year-to-year balances are shown for the CEP.
o A Building & Technology Plan is added to make the CIP more comprehensive.
Investments in technology have been spotty, and the plan reflects the need to have a
commitment to address critical technology needs in 2008 and have a steady program
for replacements and updates. The Board also recognizes the need to start reserving
funds for capital maintenance and replacements in the two fire station buildings, and
recommends that this effort begin in 2009.
. The capital transfer (shown as "cities' contribution") to the CEP has been revised to show
financing costs for major acquisitions. These costs had not been reflected in prior CEPs. The
policy of paying cash for items costing $50,000 or less remains in place.
. In the proposed CEP, the capital transfer of$155,000 in 2008 would be unchanged from the
current CEP. In the proposed CEP, this amount would be increased from $160,000 in the
current plan to $170,000 in 2009 and all following years. The reason for this change is to
reflect financing costs.
4"~
'o.J PRINTED ON RECYCLED PAPER
2007-2028 CIP, Excelsior Fire District
April 9, 2007, City Council Meeting
Page 2
. In the Building & Technology Plan, the capital transfer (shown as "cities' contribution")
would begin in 2008 with $15,000, increase to $20,000 in 2009, and remain at $30,000 from
2011 through the rest of the schedule.
. The Capital Improvement Fund would be managed as one fund with two sub-funds: Capital
Equipment and Building & Technology. Throughout the plan, each sub-fund dips into a
deficit a few times, but the balance in the overall fund remains positive.
. The total of annual capital transfers would change from the current to the proposed plan as
follows:
Current
Proposed
2008
2009
2010-2028
$155,000
$160,000
$160,000
$170,000 (all of which is for Building & Technology)
$190,000
$200,000
In the 2007 budget, Shorewood's share ofEFD revenue is 41.27%. Its share of tax capacity,
which is scheduled to be the basis for funding in 2010, is 40.18% in 2007. Assuming these
percentages will be roughly equivalent for the next three years, Shorewood's share of the
increased capital transfers would be approximately $6,000 in 2008; $12,000 in 2009; and $16,000
in 20 I 0, compared to the level of transfers shown in the current (2006-2025) Plan.
The Board views the proposed CIP as an appropriate one to plan for at this time, and expects
refinements in the Building & Technology Plan as more details can be developed for it when the
2008-2029 CIP is prepared.
RECOMMENDATION:
The EFD Board recommends, and staff concurs, that the Council approve the 2007-2028
Capital Improvement Program of the Excelsior Fire District.
Excelsior Fire District
Proudly serving the Communities of:
Deephaven-Excelsior-Greenwood-Shorewood- Tonka Bay
24100 Smithtown Road
Shorewood, MN. 55331
Date:
Friday, March 23, 2007
To:
EFD Board Members
From:
Scott Gerber, Fire Chief
cc:
EFD Operating Committee
Re:
2008 - 2028 Capital Equipment/Improvement Plan
Attached you will find the proposed FINAL DRAFT of the 2008-2028 Capital Equipment/Improvement Plan (CEP) for
the Excelsior Fire District. I have made the recommended changes as discussed at the Fire District Board Meeting on
March 21st.
Summary of the updates:
. Updated the "Projected Replacement Date" column in the schedule to reflect appropriate years.
. Updated the "Total Cost of Apparatus" column in the schedule to reflect current proposed expenses.
. Placed current costs in for the purchase of New Engine 21 (Truck #22) - ($74,032 from $65,000).
. Added $10,000 per year in the building fund for the years 2009 and 2010.
. Updated the city contribution levels to reflect contribution to keep the overall Capital Equipment/Improvement
plan in the black.
The proposed plan identifies and manages a balance for overall Capital expenditures with "sub-funds" for
Apparatus/Equipment and Buildings/Technology.
In the Apparatus/Equipment fund, the current approved CEP plan identifies $160,000 as the maximum
transfer/contribution from the cities. In the proposed plan, the Apparatus/Equipment fund maximum transfer/contribution
has been increased to $170,000 in 2009 and continues to 2028. This increase reflects the financing costs associated with
the fire district current practice of lease-purchase.
There is no current Capital Building Fund. The Capital Building Fund begins to develop a savings program for major
repairs and replacements for the two fire stations. In the next year or two we will need to refine the projected dollars
needed as we identify a projected schedule for the repair and replacement of key identified items.
As identified in this plan, the transfers/contributions to the Apparatus/Equipment fund and the Building/Technology fund
have been set at levels to keep overall Capital Equipment/Improvement Fund in the black.
Although the Building/Technology transfer/contribution being set aside in 2008 does not match the expenditures
requested in 2008, the overall capital fund revenues allow the expenditures to occur while maintaining the overall fund in
the black. The Board identified the need to begin to set aside building and technology funds in 2008 while also providing
a effective fiscal transition plan that meets the fiscal needs of the communities.
The proposed plan is consistent with the Board recommendation provided at the Board Meeting on March 21 st.
Please contact me with any questions or concerns.
Excelsior Fire District
Proudly serving the Communities of:
Deephaven- Excelsior-Greenwood-Shorewood- Tonka Bay
24100 Smithtown Road
Shorewood, MN. 55331
Date:
Friday, March 23, 2007
To:
EFD Board Members
From:
Scott Gerber, Fire Chief
cc:
EFD Operating Committee
Re:
CEP Plan Summary - Updated 3/23/07
This memo is to help summarize the changes noted in the proposed Capital Equipment Plan (CEP) for the
Excelsior Fire District 2008 - 2028. The Fire District Chief and Officers participated in a planning session to
evaluate current and future apparatus, equipment, technology and building needs. It is important to note that a
Capital Equipment plan that is a 20 year plan is a difficult plan to manage. Projecting 10 years is a credible
process and projecting 20 years is difficult at best. 20-year projections are difficult due to the changing
economy, operational changes, financial changes, and overall changes in the community. This plan will require
constant updates and maintenance to be effective.
The following attempts to summarize the changes in the proposed Capital Equipment Plan (CEP):
Format
The format of the overall CEP plan has changed to an overall Capital Improvement Plan (CIP). The plan has
changed to reflect the following:
).- Overall Capital Equipment needs for the Fire District including, apparatus, equipment, technology, and
building needs.
o The plan begins with Apparatus and Equipment area. This area is essentially the same items that
have been included in the past approved Capital Equipment plans.
o The plan now adds a Building area
. This area includes building and technology funds.
o Combined Capital Accounts - this is a summary of all expenses and revenues for the CEP.
o Total combined Fund Balance - this is the projected year end balance for the Fire District CEP
plan.
).- Expenses are highlighted in light blue
).- Balances are highlighted in yellow
).- City Contribution areas are highlighted in purple
).- Notes on the bottom of the page indicate how identified pieces of apparatus were purchased
Apparatus Area
).- Overall
o In order to provide and recommend a comprehensive planning tool, I have added apparatus and
equipment in this area. All apparatus and equipment of capital nature ($5,000 or greater) are
now included in our plan.
o I have included additional apparatus in the plan including trailers, boats, A TV and snowmobile.
o All apparatus over $50,000 now include the costs of equipment (hose, axes, appliances, lighting,
hand tools, fans, etc.), financing, and truck costs in the total costs of each apparatus.
o I have provided preliminary estimates of revenue from the sale of used apparatus. These
revenues would go to the overall fund and not be used to offset a specific apparatus.
~ Apparatus Specific Information
o Chief's Auto: 2001 Taurus with 110,000 miles and requires increased service and repair. It is
strongly recommended to be replaced in 2008.
o Fire Inspector Auto: 2001 Explorer is utilized by our inspectors. Replacement will be included
with rotation as noted below.
o Duty Officer Vehicle: 2003 Expedition is used by our Duty Officers. Replacement will be
included with rotation as noted below.
. I am proposing a new vehicle rotation with these three vehicles. We will purchases
same or similar vehicles for all three vehicles and will rotate the vehicles. Vehicle
rotation will occur from Chief to Duty Officer to Inspector. With the proposed plan we
will keep the inspector Vehicle 9 years and the Duty Officer 10 years. This is longer
than recommended, but being recommended in order to meet the fiscal needs of the
overall District and to get to the vehicle rotation plan recommended. Once the rotation
plan is in place, the vehicles will be rotated on a 3-5 year rotation with no vehicle older
than 8 years in service. Changing the length of service and type of vehicle will save
approximately $65,000 in the overall Capital Equipment Plan.
o Rescue / Utility 21: 2005 Pick-up truck - replacement as noted in the schedule.
o Rescue 12: 2002 Excursion - replacement as noted in the schedule.
o Utility 11: 2002 Pick-up truck - replacement as noted in the schedule.
o Rescue 11 (Heavv Rescue): 1990 Mack - replacement as noted in the schedule. This
replacement has been moved up four years from the previous schedule in order to meet the
operational needs of the District and to meet the overall fiscal needs of the District and the
current Capital Equipment Plan.
o Engine 21 (Engine 12): 1986 Ford/General- replacement as noted in the schedule. This engine
will become the 4th engine in our fleet as previously recommended and approved. The
replacement has been moved back four years from the previous schedule in order to meet the
operational needs of the District and to meet the overall fiscal needs of the District and the
current Capital Equipment Plan. It is important to note that this vehicle is being kept longer than
previously approved and the recommended 20 years. This should not be looked at as a trend but
as a one time change in order to meet the fiscal and operational needs of the District and current
CEP plan.
o Aerial 11 : 1998 American LaFrance - replacement as noted in the schedule. An additional
$40,000 over 2 years has been added to the CEP schedule in 2009 and 20 I 0 to provide a "mid-
term" refurbishment. This refurbishment is critical in order to provide effective and safe
operations of the aerial apparatus.
o Engine 11: 2002 Pierce - replacement as noted in the schedule.
o New Engine 22: 2007 Toyne - replacement as noted in the schedule.
o Tanker 11: 2002 Toyne - replacement as noted in the schedule.
o Tank for Rescue 21: this is a $5,000 addition to the schedule in order to provide effective
services district wide. This water tank will help provide suppression for grass and wild land
fires.
o Hazmat Trailer: This is a Hennepin County asset that was purchased with Homeland Security
funds. Therefore, no funds have been allocated to replace this trailer. The equipment and
associated services would need to continue at the Fire District if the trailer is removed, but in a
modified form.
o Snowmobile Trailer: This trailer is proposed not to be replaced once it taken out of service due
to operational changes.
o Snowmobile: replacement as noted in the schedule.
o Boat 11: replacement as noted in the schedule. We have proposed to work with the DNR to
replace the boat in a similar manner as the original purchase. The money reflected assumes this
type of purchase option.
o Boat 12: replacement as noted in the schedule. If we were to receive donated funds to purchase
a boat, this replacement would not be needed.
o Boat Trailer 11: replacement as noted in the schedule.
o Boat Trailer 12: replacement as noted in the schedule.
o ATV - Mule: replacement as noted in the schedule.
o ATV - Mule Trailer: replacement as noted in the schedule.
o Ca]Jital Truck Maintenance: no funds included at this time.
Equipment Area
~ I have added additional equipment to the plan including radio system upgrades, air monitors, and
defibrillators.
~ Specific information about equipment in the equipment areas is as follows:
o Air ]Jacks: the costs to replace our SCBA's have been adjusted to reflect projected pricing based
on changing standards and regulations.
o Extrication Tool: the costs of the extrication tool has been updated to reflect current pricing and
moved from 2014 to 2009 in order to purchase at the same time as the proposed new Heavy
Rescue truck.
o Radio System U]Jgrade: We are currently operating under a "State of the Art" radio system, but
additional upgrades are going to be required in the future. These upgrades will include software,
hardware and radio changes.
o Air Monitors: Air monitors are used for critical service delivery in day-to-day operations of our
fire district. This funding provides timely replacement of air monitors in order to stay current
with technology, provide interoperable air monitors, and provide the same air monitors in all
areas of the district.
o Defibrillators: This funding provides timely replacement of defibrillators in order to keep up
with current technology and provide effective medical services with the same operational
defibrillators in all areas of the fire district.
Buildin2 Area
~ I have added a Building area to include costs for capital building expenses and for technology expenses.
o Buildinz eX]Jenses include projected future capital needs for major maintenance, repair, and
replacement. Although we are operating out of two new fire stations, maintenance, repair and
replacement is going to be needed throughout time. The expenses for this area include areas
such as roof repair/replacement, boiler replacement, generator repair or replacement, parking lot
repair and replacement, carpet replacement, and painting.
o Technologv expenses include computers, server upgrades and maintenance, projectors, printers,
and copiers. Our technology is critical to effective time management and organization. Today
we have computer systems that are inadequate to provide effective day-to-day services. This
fund will establish ongoing updates to our systems in order to continue effective service delivery.
Capital Transfers / City Contribution
~ In the Apparatus and Equipment area: The funding level proposed for 2008 is the same as currently
approved. It is proposed to increase by $15,000 in 2009. This increase is at least partially attributable to
including the costs of financing in the apparatus. The proposed funding level is proposed to stay at the
same level until 2028. Changes to the funding level may need to be adjusted based on inflationary
changes. In 2024 the current building debt is no longer in place.
~ In the Building area: The funding level proposed is in place to fund the current and expected expenses in
this area. The funding level is an increase from the current plan and establishes an ongoing and
consistent funding level for building and technology expenses. The current plan does propose building
funding, but does it in a sporadic and inadequate manner. The level requested in 2008 - 2009 provides a
baseline. 2010 - 2028 provides funding a stable level of funding. Changes to the funding level may
need to be adjusted based on inflationary changes. In 2024 the current building debt is no longer in
place.
~ Total City Contributions is reflected below:
o The total city contributions (Apparatus/Equipment and Building are as follows:
Current Plan Adopted in 2006 Proposed Plan .
(lncJudes Apparatus, Equipment, Technology and Buildings)
170,000
190,000
200,000
200;000
200,000
200,000
200,000
200,000
200,000
200,000
200,000
200,000
200,000
200,000
200,000
200,000
200,000
200,000
200,000
200,000
200,000
200,000
2008
2009
2010
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
155,000
160,000
160,000
160,000
160,000
160,000
160,000
160,000
160,000
160,000
160,000
160,000
160,000
160,000
160,000
160,000
160,000
160,000
160,000
160,000
160,000
160,000
Recommendation
I am recommending the board approve the presented Capital Equipment Plan.
The Operating Committee discussed this plan at the February and March operating committee meetings and has
unanimously recommended approval of this plan.
Please contact me with any questions or concerns.
Excelsior Fire District
Proudly serving the Communities of:
Deephaven-Excelsior-Greenwood-Shorewood- Tonka Bay
24100 Smithtown Road
Shorewood, MN. 55331
Date:
Friday, March 23, 2007
To:
EFD Board Members
From:
Scott Gerber, Fire Chief
Re:
Capital Equipment Detail for Building and Technology Funds
Please find the following information for your use with the proposed 2008 Capital Equipment Plan per your request at the
Board Meeting on Wednesday, March 21,2007.
BuildinI! Fund:
Although none of these items are need at this time, the proposed building fund is proposed to cover expenses such as
noted below:
. Major repair or replacement of mechanical systems at both fire stations including: HV AC, boiler,
lighting systems, etc.
. Major repair or replacement of the generator at both fire stations
. Major repair or replacement of the roofs
. Major repair (seal coating) or replacement of parking lots at the stations
. Replacement of carpet in stations
. Repair and painting of walls
. Replacement of apparatus bays floor sealant
I do not have detailed costs for the repair or replacement of these items at this time.
TechnoloI!v Fund:
Detailed information on proposed technology purchases:
2008 Expenses Proposed
o Replacement of desktop and laptop computers
$35,000
· Station 1
. Desktops - 4 $1,800 each
$7,200
o Monitor, Printers, speakers, software
. Laptops - I
$2,400
o Battery, d/c cords, software
· Station 2
. Desktops - I
$1,800
o Purchase additional laptop computers
. Laptops - 1
$2,400
$2,000
o Software for computers -
· Fire operations specific software: firehouse, pre-plan, GIS
o Server Upgrades
$3,200
$3,000
$13,000
o IT contractor for upgrades and installations
o Replacement of copiers
. Station I - eliminate two copies upstairs in administration area and replace with one
color copier, printer, and fax.
. Station I - replace existing copier in fire officer's similar style copier.
. Station 2 - replace existing copier with effective copier.
When actual purchases are conducted in 2008, the overall plan may need to be adjusted based on current expenditures and
any operational changes.
Please contact me with any questions or concerns.
FINAL DRAFT 3/23/07
Excelsior Fire District
2008 . 2028
Date Original Life Bench Proj Repl Proj Proj proJ Total Cost
Equipment Item Aquired Cost mark Dale Equip Finance Apparatus of 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028
Costs Costs COlli Apparatus
Beginning Apparatus/Equip Balance 1 45,399 50,800 16,078 55,388 48,443 12,380 34,598 129,288 106,873 (14,999) 60,711 114,925 108,724 132.898 65,556 12,867 (30,975) (11,493) 32,277 56,923 115,061 184,363 156,050
APPARATUS
#1 - Chief Auto 2001 15,000 8 yrs 2008 4400 0 23600 28000 28,000 35,000 35,000
#2 - Fire Inspector Auto 2001 22,000 8 yrs 2013 5000 0 30000 35000 35,000 35,000 35,000
#20 - Duty Officer 2003 32,500 8 yrs 2010 5000 0 30000 35000 35,000 35,000
#21 - Rescue/Utility 21 2005 40,000 15 yrs 2020 4000 0 40000 44000 44,000
#16 ~ Rescue 12 - Excursion 2002 37,500 15 yrs 2017 3500 0 42000 ' 45500 45,500
#17 - Utility 11 -P/U Truck 2002 37,500 15 yrs 2019 0 0 40000 40000 40,000
#14 - Heavy Rescue 1996 116,520 20 yrs 2009 25000 35000 270000 330000 66,000 66,000 66,000 66,000 66,000
#12 - Engine 21 1986 120,000 20 yrs 2013 25000 35000 360000 420000 84,000 84,000 84,000 84,000 84,000
#17 - Aerial 11 1998 421,000 20 yrs 2018 35000 35000 680000 750000 20,000 20,000 150,000 150,000 150,000 150,000 150,000
#18 - Engine 11 2002 327,000 20 yrs 2022 30000 35000 450000 515000 72,553 72.553 103,000 103,000 103,000 103,000 103,000
#22 - New Engine 21 2007 309,000 20 yrs 2027 35000 35000 480000 550000 74,032 74,032 74,032 74,032 74,032 110,000
#19 - Tanker 2002 181,000 25 yrs 2027 25000 35000 220000 280000 39,153 39,153 56,000 56,000
Tank for Rescue 21 2008 5000 0 0 5000 5,000
40,000 20000 0 10000 30000
5,800 8000 0 10000 18000
Snowmobile 4,000 2009 0 0 16000 16000 8,000 8,000
Boat 11 27,000 2017 4000 0 40000 44000 40,000
Boat 12 8,000 2010 0 0 10000 10000 10,000
Boat Trailer - #11 5,000 2017 0 0 2000 2000 2,000
BoatTrailer - #12 2,000 2010 0 0 2000 2000 2,000
12,000 2021 0 0 17000 17000 17,000
1,700 2021 0 0 2000 2000 4,000
Capital Truck Malnt Ongoing 0
Total Apparatus Expenses 111,706 185,738 107,032 168,032 207,032 140,032 613,000 185,000 84,000 84,000 119,000 171,500 150,000 225,000 202,000 206,000 150,000 103,000 138,000 103,000 103,000 194,000 166,000
EQUIPMENT
Air Pack (SCBA) Replacement 2000 103,000 12 yrs 200000 0 0 200000
Extrication Tool 1996 30,000 18 yrs 65000 . I
Upgrade Radio System 2003 90000 7,500 ~
Air monitors 36000 1
Defibrillators (5) 8,000 40000
Miscellaneous Equip, 35000 1,302
Total Equipment Expenses 8,802 - 10,000 50,000 10,000 10,000 17,000 210,000 10,000 - 10,000 18,000 20,000 25,000 10,000 - 28,000 10,000 10,000 10,000 8,000
REVENUES
Interest Income 908 1,016 322 1,107 969 248 692 2,586 2,137 (300) 1,214 2,299 2,174 2,658 1,311 257 (618) (230) 646 1,138 2,301 3,687 3,121
Sale of Used Equipment - 1000 40 000 2000 - 7000 2000 3000 20 000 5000 3000 2000 5000 2000 2000
Donations
Beginning Building Balance (20,000 110,000 20,000 30,000 50 000 50,000 60,000 60 000 70,000 70 000 80 000 80,000 90,000 90 000 100,000 100000 110,000 110,000 120 000
BUILDINGS
Building Fund 2004 350000 10,000 10,000 10,000 10,000 10,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000
Technology 135000 '";~YQ(!i)i" i,ft>..llfJQ'! :h'1Q'i~; :h1it>i600; }.mooo. ;;;:h:h.1ill;ooo
(Computers, Printers, Copiers, projectors)
Total Building Expenses I - 35,000 10,000 20,000 10,000 20,000 10,000 30,000 20,000 30,000 20,000 30,000 20,000 30,000 20,000 30,000 20,000 30,000 20,000 30,000 20,000 30,000
1
IYear End Building Balance 1 I 1 I I 1 I - - 1 (20,000)1 (10,000)1 -I 20,000 1 30,000 I 50,000 50,000 1 60,000 1 60,000 I 70,000 70,000 1 80.000 1 80,000 I 90,000 90,000 I 100,000 100,000 110,000 110,000 120,000 120,000
f)pmbffl!ii'f
Combined Beginning Balance 0 0 0 0 0 0 0 45 399 50 799 16078 35 368 38 443 12380 54 595 159287 156 873 35,011 120711 174925 178 723 202 898 145 556 92 867 59124 78 507 132 277 156 923 225 061 294 362 276 049
Tota/ Expenses 1 01 01 0 01 01 01 0 120,5081 185,7381 152,032 228,032 227,032 160,032 96,0001 212,000 324,0001 114,0001 149,0001 201,5001 198,000 265,0001 257,0001 236,0001 180,0001 151,0001 178,0001 133,0001 133,000 I 224,000 204,000
Capital Equipment Plan
Notes:
2. Equipment Inflation is estimated to be approximately 7% per year.
1. Interest Income estimated at 2.0% to FY 2028.
3. Beginning Balance for 2008 may need to be adjusted ~ not audited
2. Purchased with Rellef Assocaiton funds
3. Purchased with District funds, Donated funds, and Relief funds
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD' SHOREWOOD, MINNESOTA 55331-8927' (952) 474-3236
FAX (952) 474-0128. www,ci.shorewood.mn,us . cityhall@ci.shorewood.mn.us
Celebrating 50 Years. 1956 - 2006
MEMORANDUM
TO: Mayor and City Council
Craig Dawson, City Administrator
Larry Brown, P.E., Director of Public Works
James Landini, P.E., City Engineer 9/J-.
FROM:
DATE:
RE:
April 05, 2007
Parking Restriction on Birch Bluff Road survey tabulation
In 2005 numerous residents along Birch Bluff Road petitioned the City of Shorewood to
restrict parking to the south side of the street. Resolution 05-085 was passed with a
condition that it be reviewed by October 1, 2006. (Meeting minutes and resolution
attached)
The residents were sent the attached survey. 39 surveys were transmitted and 24
properties responded. 16 voted to continue the restriction and 8 voted to remove the
restriction.
Recommendation
Staff recommends that the City Council take no action to continue the no parking
restriction based on the resident's survey results.
I
,~
" , PRINTED ON RECYCLED PAPER
"'..
COMMENT SHEET
BIRCH BLUFF RD.
No Parking Survey
NAME
ADDRESS
Comments on No Parkin!! alon!! Birch B1uffRd :
Please continue no parking: 0
Please remove no parking: 0
Please fold in thirds, tape edge, affix postage and return to the City of Shorewood.
CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MINUTES
SEPTEMBER 12, 2005
Page 4 of 6
.
c.
South Lake Minnetonka Police Department 2006 Interim Funding and Resolution
Proposal
Administrator Dawson explained that on August 19, 2005, the Coordinating Committee of the South Lake
Minnetonka Police Department (SLMPD) endorsed the "fmal version" of a proposal by its chair,
Greenwood Mayor Newman, for funding the Department's 2006 recommended budget and working
through the issues of differing positions among the member city councils. He also explained that during
the week of August 22, 2005, the city councils of Shorewood, Tonka Bay and Greenwood approved the
Coordinating Committee "final version" proposal.' On August 29, 2005, the Excelsior City Council did
not approve the proposal, but offered modifications and sought approval of the other three-city councils.
Administrator Dawson then outlined the four part proposal from Excelsior.
Mayor Love stated the Coordinating Committee believed it had authorization to address only one item in
the proposal with the remaining three items to be addressed by member councils. He stated he believed,
as did other Coordinating Committee members, that this proposal did not meet the spirit of moving the
SLMPD forward into the future. He noted the cities of Tonka Bay, Shorewood, and Greenwood had
attempted a series of compromises, but he had yet to see compromise or movement on issues from
Excelsior. He further stated with a change of heart by the City of Excelsior representatives, he believed
there might be hope for progress toward the future, however, without that, he anticipated he would be
returning to Council in the near future to begin discussions on having a three-city police department. To
that end, he stated he did not wish to devote anymore Staff time to this topic, and requested the Council
suggest action on this item.
. No suggested action was forthcoming from Council on this matter.
D. Request for Permanent No Parking Restrictions - BiI. 8B Road
Director Nielsen explained the City had received a petition from numerous residents along B~t3 iBiImffi
Road, requesting permanent "no parking" restrictions for the north side of the street between Grant
Lorenz Road and Eureka Road. He stated several residents were present this evening that wished to
address this topic before Council, and he had received one additional communication from a resident that
was concerned for the number of signs to be placed as part of this request, as well ~s the look of the
signage for the area.
Leo Meloche, 26120 BiiOO~ BiU1Ifl Road, stated this request began with the most recent Neighborhood
Night Out event where residents were discussing the amount of traffic along Bif~1H Slliffi Road. He stated
all residents agreed the roadway was quite narrow and with two cars parked on the road, it was impossible
to pass between them with an emergency vehicle or bus. The general feeling of the neighborhood at that
time was that the roadway would be safer with one side posted "No Parking."
Gene Ruffenach, stated he had lived the area of Bit~ Oliilffifl Road, west of Eureka, for the past twenty-
seven years. He noted that there was a great deal of lakeside construction going on in the area, and he
believed that most of the traffic was due to construction workers. By putting no parking signs on the
northerly lakeside where the mailboxes were located, he anticipated parking would be pushed to the south
side of the street and the residents there would be penalized as a result. He stated there did not seem to be
any easy solution to this problem.
.
Gale Olson, 2577 5 Hi~OOl Bli:f11 Road, stated the northerly side of the roadway had room to park vehicles;
however, the south side of the roadway had grass to its edge with a one-to three-foot drop. He also noted
CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MINUTES
SEPTEMBER 12, 2005
Page 5 of 6
.
there was a big problem with construction traffic, and that the proposed solution would result in moving
the problem to the south side of the roadway only.
Discussion ensued by Council, Staff, and residents with regard to alternatives for solution.
Engineer Brown suggested "No Parking" signs be posted for one year with a review at that time, and also
suggested residents consider grouping or relocating mailboxes in a cluster so that all residents were
ensured mail was received.
Callies moved, Lizee seconded, Adopting RESOLUTION NO. 05-085, "A Resolution Prohibiting
Parking Along Portions ofmrcfi Blilff, Road," with review ofthis action in one year's time.
Without objection from the seconder of the motion, the maker of the motion amended the motion to
include review of this issue by October 1, 2006. Motion passed 4/0.
In response to a question by Councilmember Turgeon, Engineer Brown explained the signage should be
placed within two weeks.
10. ENGINEERING/PUBLIC WORKS
.
A. Accept Feasibility Report for the Interconnection of the SE Area Well and
Amesbury Well Systems, and Authorize Preparation of Plans Specifications and
Engineers Estimate
Engineer Brown explained Council had been presented with a copy of a feasibility report, prepared by
WSB & Associates, Inc., for consideration of the interconnection of the Southeast Area and Amesbury
Area water system. He reviewed provided background on each of the systems with several statistics
associated with flowage and connections for each. He then reviewed the four alternatives associated with
interconnection of these systems. Next, he explained the process and procedures for moving forward with
such a project.
Callies moved, Lizee seconded, Adopting RESOLUTION NO. 05-086. "A Resolution Accepting a
Feasibility Report and Authorizing Preparation of Plans, Specifications, and Engineer's Estimate
for Southeast Area Well and Amesbury Well Systems." Motion passed 4/0.
11. STAFF AND COUNCIL REPORTS
A. Administrator & Staff
Administrator Dawson explained the City had received several calls from residents concerned about
making contributions to the Gulf Coast residents in need of relief from Hurricane Katrina. He also stated
a Councilmember had questioned whether the City wished to consider making the property next door to
City Hall available for hurricane residents.
Discussion ensued by Council regarding this topic. Councilmember Turgeon stated there were several
agencies currently involved in hurricane relief efforts, and after speaking with several colleagues in other
cities, she believed it was important to let the agencies handle relocation efforts, rather than making
. individual city attempts to do so. Councilmember Callies stated this issue brought forth larger issues of
CITY OF SHOREWOOD
RESOLUTION NO. 05-085
A RESOLUTION PROHIBITING PARKING ALONG
PORTIONS OF BIRCH BLUFF ROAD
WHEREAS, Birch Bluff Road is not of sufficient width to permit parking on both the
north and south side of the roadway for safe passage of emergency vehicles, school buses and the
general public; and
WHEREAS, the City has received a petition from residents whose properties abut Birch
Bluff Road, requesting "No Parking" signs to be posted on the north side of Birch Bluff Road;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood that parking of vehicles is hereby prohibited on those portions of roadway described
as follows:
On the North side of Birch Bluff Road, starting at the westerly boundary of Grant Lorenz
Road and continuing to the westerly boundary of Eureka Road.
BE IT FURTHER RESOLVED that this "No Parking" provision be reviewed in one
year.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12th
day of September, 2005.
dfQ
WOODY LOVE, MAYOR
ATTEST:
~~
CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK