HomeMy WebLinkAboutSP November 9, 1999
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (612) 755-5100
Special City Council Meeting - Tuesday, November 9,1999
Call to Order - Following the EDA meeting scheduled at 6:00 PM
Discussion Items
1. Union Contract
2. Personnel Placements
3. Right-of-way Ordinance No. 247
4.
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6.
Approve Change Order #4/97-2/Andover Commercial Park (Phase II)
Approve final Payment/97-2/Andover Commercial Park (Phase II)
Approve Plans & Specs/Jay Street Landscaping/98-11A
7. Approve Plans & Specs/Martin Street/99-17
8. Approve final Payment/Jay Street/98-11
9. Approve Change Order #1 and Compensating Change Order/Jay Street/98-11
, 10. Other Business
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Adjournment
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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DATE:
November 9. 1999
AGENDA SECTION
ORIGINATING DEPARTMENT
Discussion Item
Administration
Richard Fursman
ITEM NO.1.
Union Contract
REQUEST:
The City Council is requested to consider adoption ofthe 2000/2001 union contract. The terms of the contract
have been negotiated and put into the budget, and agreed to by the union. Listed in this memo is a complete
listing of Union requests and my recommendations in (Bold Italic)
1.
ARTICLE XXIII- Duration: Two Year agreement effective January 1, 2000 through December 31,
2001.
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Yes, with the exception of wages and benefits,
2.
APPENDIX A - WAGES: Increase wage schedule by seven percent (7%) for the year 200 I and an
additional seven percent (7%) for the year 2001.
Close. 6.36% change on the step programfor the year 2000. Undeterminedfor the year 2001.
3. NEW ARTICLE - LONG TERM DISABILITY PLAN: Employer to pay for a Long Term Disability
Plan for employees.
Yes. 100% employer paid LTB plan.
4. ARTICLE X - OVERTIME:
I) Comp Time Bank: Unlimited accumulation of comp time during calendar year with a carry over
of 80 hours from year to year. Employees will be cashed out for all hours in excess of 80 hours
on the first pay check in December of each year.
This is part of the personnel policy and will not be part of the contract.
2) Increase night shift pay (Section 10.7) to $1.25 per hour.
There is already a 6.36% increase in pay.
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3)
Any call out without an eight (8) hour notice will be compensated at an additional
one dollar ($1.00) per hour.
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Items 3&4 in this section will be handled through supervisor talks.
4)
Any shift extension without three (3) hours notice shall be compensated at an
additional rate of one dollar ($1,00) per hour.
5)
Increase from three (3) hours to four (4) hours pay for pump house check.
Recommend no change.
6) Hazard Pay shall be paid for sewer work and chemical spraying.
This should be covered with appropriate clothing and protective gear
5. ARTICLE IX - WORK SCHEDULE:
Section 9.5: When assigned Lead Supervisory pay compensation shall be paid at a rate of two dollars
($2.00) per hour,
Instead of increasing lead pay, recognize the position of lead person as a permanent status with pay
of $1.25 per hour applied to the union wage.
Section 9.6: Pager Pay. Increase one and one-half(ll/2) to two (2) hours.
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Recommend against
6.
NEW ARTICLE: Union members shall have the first opportunity to work any overtime.
Recommend against. Should be done on rotating basis.
7. ARTICLE XV - SENIORITY: Change the date in Section 15.4 to March 15th.
Recommend Approval.
8. ARTICLE XX - VACATION/SICK LEAVE/ANNUAL LEAVE: The following notice should be
given to the employer when requesting vacation:
DURATION OF V ACA TION
Two weeks or more
One to two weeks
Less than one week
NOTICE
30 days
10 days
48 hours
Two days or less notice for vacation is at the Supervisor's discretion.
Recommend no change, or actually taking language out of contract. These issues should be dealt with
with department talks and not union language.
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9.
APPENDIX A - WAGES: New classification of Maintenance Department and pay scale
implemented accordingly.
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Recommend placing the individual permanently within the street department with lead person status
NEW: Double time pay on holidays for Pump House and Pager Compensation,
Recommend Against
NEW: Employees receiving any compensation over and above their regular salary shall have the option
to convert it to comp time,
Recommend following personnel policy on comp time hours.
NEW: Any employee working on Sunday shall receive Two (2) times their hourly rate of pay.
Recommend Against.
10. ARTICLE XIX - INSURANCE: Employer to pay all increase in Insurance costs.
Recommend Approval for year 2000.
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adminlmemo/unionOO
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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DATE:
November 9, 1999
AGENDA SECTION
ORIGINATING DEPARTMENT
Discussion
Administration
Richard Fursman
ITEM NO. ~ .
Personnel Placements
REQUEST:
The City Council is requested to make slight modifications on two positions for the start of2000. The following
positions have continued to mature with new responsibilities and characteristics.
Accounting Clerk I to Accounting Clerk:
The Accounting Clerk I position was set up to provide the finance and public works departments support with
input of data and general research and organizational tasks. The volume and type of work being performed on a
" regular basis is consistent with the responsibility level of the Accounting Clerk position.
,,_) The only way the person in the position can be effective requires increasing the decision making autonomy found
in the Accounting Clerk position. The person now filling the Accounting Clerk I position also provides computer
tech, and phone system maintenance support as part of the City technology committee. The various accounting
tasks being performed are at the level found in the recommended reclassification. The 2000 budget currently
reflects the minor change.
Building Clerk Technician from Secretary B scale to Secretary A scale:
The technical support positions for the building department were originally set up as one Secretary A and one
Secretary 8. The tasks assigned were significantly different with more responsibility going to the Secretary A
position. The positions were modified significantly 18 months ago to create identical standards for both
individuals. The advent of recognized industry standards with accredited training, skills and accountability led to
the new industry classification of Building Clerk/Tech. The responsibilities of the Secretary A position did not
go away with the reclassification, they were merely incorporated equally with the new classification.
The essential difference between the Secretary A and Secretary B positions comes with the level of responsibility
and decision making authority needed and granted to ensure tasks are completed. The position requires the
individuals have minimal supervision, make several significant 'judgment' decisions daily and now carry a
higher level of knowledge of the trades related to building, zoning, engineering 'and public infrastructure.
The complexity and variety of tasks performed demand a high degree of attention to detail, organizational skills,
and the highest level of public contact of any position. The responsibility and independent decision making
demands of the position clearly meet and often exceed those required of the Secretary A position. Therefor, the
'- J recommendation is to correct the scale of Building Clerk/Tech from Secretary B to Secretary A.
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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DATE: November 9. 1999
AGENDA SECTION
ORIGINATING DEPARTMENT
Discussion
Planning
Jeff Johnson
ITEM NO.3.
Review and Discuss Right-of-Way Management Ordinance
Reauest
The City Council is asked to review and discuss the attached ordinance for the City to manage its public
right-of-ways and recover its right-of-way managernent costs. An draft ordinance from Bill Hawkins,
City Attorney is attached which has been reviewed and approved by the Quad Cities Cable Commission
Attorney, Thornas Creighton and was recently adopted by the City of Anoka. Also, attached are
Councilmember Jacobson's comments.
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LAw OFfICES OF
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William G. Hawkins and Associates
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WILLIAM G. HAWKINS
BARRY A. SULLIVAN
Legat Assislanl
T AMMI J. UVEGES
2140 FOURTH AVENUE NORTH
ANOKA. MINNESOTA 55303
R E C E f V E rfHONE (612) 427-8877
U FAX (612) 421-4213
JUL 151%')
CrTY OF ANDOVER
July 13, 1999
Mr. Dave Carlberg
City of Andover
1685 Crosstown Boulevard NW
Andover, MN 55304
Re: Right-Of-Way Ordinance
Dear Dave:
Enclosed please find a proposed draft of a right-of-way management ordinance for
consideration by the City Council. This ordinance includes the changes found in
the Public Utilities Commission Rules. and has also been reviewed and approved by
the Quad Cities Cable Commission attorney, Mr. Thomas Creighton.
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I believe the ordinance should be presented to the City Council for their
consideration.
WGH/tju
Enclosure
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Council Member
moved its adoption:
introduced the following ordinance and
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CITY OF ANDOVER
Ordinance No.
AN ORDINANCE PROVIDING FOR
PUBLIC RIGHT-OF-WAY MANAGEMENT
The Council of the City of Andover ordains:
SECTION 1. The Code of the City of Andover is hereby amended by providing for a
public right-of-way management.
Article I, Election to Manage Public Right-of-Way
Sec. 1.
Purpose.
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The purpose of this Article is to provide an Ordinance for the City (a) to manage its
public rights-of-way and to recover its rights-of-way management costs and (b) to
regulate the use of public rights-of-way by providers of telecommunication services,
public utility services, and the like, in a fair, efficient, competitively neutral and
substantially uniform manner, consistent with and to the extent authorized by
Minnesota Law, specifically Minnesota Statutes, Sees. 237.162, 237.163, 237.79,
237.81 and 238.086 (1997) and Minnesota Public Utility Commission Rules
7819.0050 through 7819.9950.
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Sec. 2.
Definitions.
For the purposes of this Article, the following words and phrases shall have the
meanings respectively ascribed to them by this Section.
(a) "Applicant" means any Person requesting permission to Excavate or
Obstruct a Right-of-Way.
(b) "City" means the City of Andover, Minnesota. For purposes of this
Ordinance, City means its elected officials, officers, employees, agents
or any commission, committee or subdivision acting pursuant to lawfully
delegated authority.
(c) "City Cost" means the actual costs incurred by the City for managing
Rights-of-Way including, but not limited to costs associated with
registering of applicants, issuing, processing, and verifying Right-of-Way
Permit applications; revoking Right-of-Way Permits; inspecting job sites;
creating and updating mapping systems; determining the adequacy of
Right-of-Way restoration; restoring work inadequately performed;
maintaining, supporting, protecting, or moving user equipment during
Right-of-Way work; budget analysis; record keeping; legal assistance;
systems analysis; and performing all of the other tasks required by this
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(d)
(e)
(f)
(g)
(h)
(i)
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Article, including other costs the City may incur in managing the
provisions of this Article except as expressly prohibited by law.
"City Inspector" means any Person authorized by the City to carry out
inspections related to the provisions of this Article.
"Commission" means the State Public Utilities Commission.
"Degradation" means the accelerated depreciation of the Right-of-Way
caused by Excavation in or disturbance of the Right-of-Way, resulting in
the need to reconstruct such Right-of-Way earlier than would be required
if the Excavation did not occur, not to exceed the maximum restoration
shown in plates 1 to 13, set forth in Minnesota Rules parts 7819.9900
to 7819.9950.
"Emergency" means a condition that (a) poses a clear and immediate
danger to life or health, or of a significant 1055 of property; or (b) requires'
immediate repair or replacement in order to restore Service to a
customer.
"Equipment" means any tangible thing located in any Right-of-Way; but
shall not include boulevard plantings or gardens planted or maintained in
the Right-of-Way between a Person's property and the street curb.
"Excavate" means to dig into or in any way remove or physically disturb
or penetrate any part of a Right-of-Way.
(j) "Excavation Permit" means the Permit which, pursuant to this Article,
must be obtained before a Person may excavate in a Right-of-Way. An
Excavation Permit allows the holder to Excavate that part of the Right-of-
Way described in such Permit.
(k) "Excavation Permit Fee" means money paid to the City by an Applicant
to cover the costs as provided in Section 12.
(I) "High Density Corridor" means a designated portion of the public Right-
of-Way within which Right-of-Way users having multiple and competing
facilities may be required to bill and install facilities in a common conduit
system or other common structure.
(m) "Local Representative" means the Person or Persons, or designee of
such Person or Persons, authorized by a Registrant to accept Service and
to make decisions for that Registrant regarding all matters within the
scope of this Article.
(n) "Obstruction Permit" means the Permit which, pursuant to this Article,
must be obtained before a Person may obstruct a Right-of-Way, allowing
the holder to hinder free and open passage over the specified portion of
a Right-of-Way by placing Equipment described therein on the Right-of-
Way for the duration specified therein.
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(0)
"Obstruction Permit Fee" means money paid to the City by a Registrant
to cover the costs as provided in Section 12.
(p) "Performance and Restoration Bond" means any of the following forms
of security: (1) individual project bond; (2) cash deposit; (3) security in
the form of a listed or approved under Minn. Stat. ~ 15.73, Subd. 3; (4)
letter of credit in a form acceptable to the City; (5) self insurance in a
form acceptable to the City; (6) blanket bond for projects within the City
or other form of construction bond for time specified in a form
acceptable to the City.
(q) "Permittee" means any Person to whom a Permit to Excavate or
Obstruct a Right-of-Way has been granted by the City under this Article.
(r) "Person" means any natural or corporate Person, business association or
other business entity including, but not limited to, a partnership, a sole
proprietorship, a political subdivision, a public or private agency of any
kind, a utility, a successor or assign of any of the foregoing, or any other
legal entity which has or seeks to have Equipment located in any Right-
of-Way.
(s)
"Public Right-of-Way" means the area on, below, or above a public
roadway, highway, street, cartway, bicycle lane and public sidewalk in
which the City has an interest, including other dedicated rights-of-way
for travel purposes and utility easements of the City. A right-of-way
does not include the airwaves above a right-of-way with regard to
cellular or other nonwire telecommunications or broadcast service.
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(t) "Probation" means the status of a Person that has not complied with the
conditions of this Article.
(u) "Probation Period" means one (1) year from the date that a Person has
been notified in writing that they have been put on Probation.
(v) "Registrant" means any Person who (1) has or seeks to have its
Equipment located in any Right-of-Way, or (2) in any way occupies or
uses, or seeks to occupy or use, the Right-of-Way or any Equipment
located in the Right-of-Way and, accordingly, is required to register with
the City.
(w) "Right-of-Way Permit" means either the Excavation Permit or the
Obstruction Permit, or both, depending on the context, required by this
Article.
(x) "Rules" means Rule 7819.0050 through 7819.9950 adopted by the
Commission.
(y)
''Telecommunications Right-of-Way User" means a Person owning or
controlling a facility in the Right-of-Way, or seeking to own or control the
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same, that is used or is intended to be used for transporting
telecommunication or other voice or data information. For purposes of
this Article, a cable communications system defined and regulated under
Minn. Stat. Chap. 238, and telecommunications activities related to
providing natural gas or electric energy services are not included in this
definition for purposes of this Article. This definition shall not be
inconsistent with Minn. Stat. ~ 237.162, Subd. 4.
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Sec. 3.
Administration.
The City may designate a principal City official responsible for the administration of
the Rights-of-Way, Right-of-Way Permits, and the ordinances related thereto. The City
may delegate any or all of the duties hereunder.
Sec. 4.
Registration, Bonding and Right-of-Way Occupancy.
Subd. 1. Each Person which occupies, uses, or seeks to occupy or use, the Right-,
of-Way or any Equipment located in the Right-of-Way, including by lease, sublease or
assignment, or who has, or seeks to have, Equipment located in any Right-of-Way
must register with the City. Registration will consist of providing application
information to and as required by the City, paying a registration fee, and posting a
Performance and Restoration Bond.
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The Performance and Restoration Bond required in this Section, and in Sections 10,
Subd. 2; 13, Subd. 2(b) and Section 32, Subd. 1 (b)(3) shall be in an amount
determined in the City's sole discretion, sufficient to serve as security for the full and
complete performance of the obligations under this Article, including any costs,
expenses, damages, or loss the City pays or incurs because of any failure to comply
with this Article or any other applicable laws, regulations or standards. During periods
of construction, repair or Restoration of Rights-of-Way or Equipment in Rights-of-Way,
the Performance and Restoration Bond shall be in an amount sufficient to cover 100%
of the estimated cost of such work, as documented by the Person proposing to
perform such work, or in such lesser amount as may be determined by the City,
taking into account the amount of Equipment in the Right-of-Way, the location and
method of installation of the Equipment, the conflict or interference of such Equipment
with the Equipment of other Persons, and the purposes and policies of this Article.
Sixty (60) days after completion of the work, the Performance and Restoration Bond
may be reduced in the sole determination of the City.
Subd. 2. No person shall construct, install, repair, remove, relocate, or perform
any other work on, or use any Equipment or any part thereof located in any Right-of-
Way without first being registered with the City.
Subd. 3. Nothing herein shall be construed to repeal or amend the provisions of a
City ordinance permitting Persons to plant or maintain boulevard plantings or gardens
or in the area of Right-of-Way between their property and the street curb. Persons
planting or maintaining boulevard plantings or gardens shall not be deemed to use or
occupy the Right-of-Way, and shall not be required to obtain any Permits to satisfy
any other requirements for planting or maintaining such boulevard plantings or
gardens under this Article. However, Excavations deeper than 12 inches are subject
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to the Permit requirements of Section 9 of this Article.
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Sec. 5.
Right to Occupy Rights-of-Way; Payment of Fees.
Subd. 1. Any Person required to register under Section 3, which occupies, uses,
or places its Equipment in the Right-of-Way, is hereby granted a right to do so if and
only so long as it (1) timely pays all fees as provided herein and (2) complies with all
other requirements of law.
Subd. 2. The grant of right in Section 5 is expressly conditioned on, and is subject
to, the police powers of the City, continuing compliance with all provisions of law
now or hereinafter enacted, including this Article as it may be from time to time
amended and, further, is specifically subject to the obligation to obtain any and all
additional required authorizations, whether from the City or other body or authority.
Sec. 6.
Franchise; Franchise Supremacy.
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The City may, in addition to the requirements of this Article, require any Person which
has or seeks to have Equipment located in any Right-of-Way to obtain a franchise to
the full extent permitted by law, now or hereinafter enacted. The terms of any
franchise which are in direct conflict with any provisions of this Article, whether
granted prior or subsequent to enactment to this Article (excluding the City's police
powers which shall always be reserved to the City), shall control and supersede the
conflicting terms of this Article provided, however, that requirements relating to
insurance, bonds, penalties, security funds, letters of credit, indemnification or any
other security in favor of the City may be cumulative in the sole determination of the
City or unless otherwise negotiated by the City and the franchise grantee. All other
terms of this Article shall be fully applicable to all Persons whether franchised or not.
Sec. 7.
Registration Information.
Subd. 1. The information provided to the City at the time of registration shall
include, but not be limited to:
(a) The Registrant's name, Gopher One-Call registration certificate number,
address and e-mail address if applicable, and telephone and facsimile
numbers.
(b) The name, address and e-mail address, if applicable, and telephone and
facsimile numbers of a Local Representative. The Local Representative
or designee shall be available at all times. Current information regarding
how to contact the Local Representative in an Emergency shall be
provided at the time of registration.
(c) A certificate of insurance or self-insurance:
(1) Shall be on a form approved by the City,
(2)
Shall verify that an insurance policy has been issued to the
Registrant by an insurance company licensed to do business in the
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(3)
(4)
(5)
(6)
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State of Minnesota; or is covered by self-insurance which the City
determines to provide the City with protections equivalent to that
of a Minnesota licensed insurance company, legally independent
from Registrant.
Shall verity that the Registrant is insured against claims for
personal injury, including death, as well as claims for property
damage arising out of the (i) use and occupancy of the Right-of-
Way by the Registrant, its officers, agents, employees and
Permittees, and (ii) placement and use of Equipment in the Right-
of-Way by the Registrant, its officers, agents, employees and
Permittees, including, but not limited to, protection against liability
arising from completed operations, damage of underground
Equipment and collapse of property,
Shall name the City as an additional insured as to whom the
coverages required herein are in force and applicable and for
whom defense will be provided as to all such coverages,
Shall require that the City be notified thirty (30) days in advance
of cancellation of the policy, and
Shall indicate comprehensive liability coverage, automobile liability
coverage, workers compensation and umbrella coverage in
amounts established by the City of the office of risk and employee
benefit management in amounts sufficient to protect the City and
carry out the purposes and policies of this Article.
(d) If the Registrant is a corporation, a copy of the certificate required to be
filed under Minn. Stat. ~ 300.06 (1996) as recorded and certified to by
the Secretary of State.
(e) A copy of the Registrant's certificate of authority from the Minnesota
Public Utilities Commission, where the Registrant is lawfully required to
have such certificate from said Commission.
(f) Such other information as the City may require.
Subd. 2. The Registrant shall keep all of the information listed above current at all
times by providing to the City information of changes within fifteen (15) days
following the date on which the Registrant has knowledge of any change.
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Sec. 8.
Reporting Obligations.
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Subd. 1. Operations. Each Registrant shall, at the time of registration and by
December 1 of each year, file a construction and major maintenance plan with the
City. Registrants must use commercially reasonable efforts to anticipate and plan for
all upcoming projects and include all such projects in a construction or major
maintenance plan. Such plan shall be submitted using a format designated by the City
and shall contain the information determined by the City to be necessary to facilitate
the coordination and reduction in the frequency of Excavations and Obstructions of
Rights-of-Way.
The plan shall include, but not be limited to, the following information:
(1) the specific locations and the estimated beginning and ending dates of all
Projects to be commenced during the next calendar year (in this Section,
a UNext-year Project"); and
(2) the tentative locations and beginning and ending dates for all Projects
contemplated for the five years following the next calendar year (in this
Section, a "Five-year Project").
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The term "Project" in this Section shall include both Next-year Projects and Five-year
Projects.
By January 1 of each year the City will have available for inspection in its offices a
composite list of all Projects of which it has been informed in the annual plans. All
Registrants are responsible for keeping themselves apprised of the current status of
this list.
Thereafter, by February 1, each Registrant may change any Project in its list of Next-
year Projects, and must notify the City and all other Registrants of all such changes in
said list. Notwithstanding the foregoing, a Registrant may at any time join in a Next-
year Project of another Registrant that was listed by the other Registrant.
Subd. 2. Additional Next-year Projects. Notwithstanding the foregoing, the City
may, for good cause shown, allow a Registrant to submit additional Next-year
Projects. Good cause includes, but is not limited to, the criteria set forth in Section
30.37, Subd. 3 concerning the discretionary issuance of Permits.
Sec. 9.
Permit Requirement.
Except as otherwise provided for in this Code, no Person may Obstruct or Excavate
any Right-of-Way without first having obtained the appropriate Right-of-Way Permit
from the City to do so.
(a) Excavation Permit. An Excavation Permit is required to allow the holder
to Excavate that part of the Right-of-Way described in such Permit
and/or to hinder free and open passage over the specified portion of the
Right-of-Way by placing Equipment described therein, to the extent and
for the duration specified therein.
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(b)
Obstruction Permit. An Obstruction Permit is required to allow the holder
to hinder free and open passage over the specified portion of Right-of-
Way by placing Equipment, vehicles, or other obstructions described
therein on the Right-of-Way for the duration specified therein.
No Person may Excavate or Obstruct the Right-of-Way beyond the date or dates
specified in the Permit unless such person (i) a new Permit or Permit extension is
granted.
Permits issued under this Article shall be conspicuously displayed at all times at the
indicated work site and shall be available for inspection by the City Inspector and
authorized City personnel.
Sec. 10.
Permit Applications.
Subd. 1. Application for a Permit is made to the City. Right-of-Way Permit'
applications shall contain, and will be considered complete only upon compliance with,
the requirements of the following provisions:
(a) Registration with the City pursuant to this Article.
(b)
Submission of a completed Permit application form, including all required
attachments, and scaled drawings showing the location and area of the
proposed project and the location of all existing and proposed
Equipment.
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(c) Payment of all money due to the City for:
(1) Permit fees and costs due;
(2) prior Obstructions or Excavations;
(3) any loss, damage, or expense suffered by the City as a result of
Applicant's prior Excavations or Obstructions of the Rights-of-Way
of any Emergency actions taken by the City; and
(4) franchise fees, if applicable.
Subd. 2. When an Excavation Permit is requested for purposes of installing
additional Equipment, and a Performance and Restoration Bond which is in existence
is insufficient with respect to the additional Equipment in the sole determination of the
City, the Permit applicant may be required by the City to post an additional
Performance and Restoration Bond in accordance with Section 4, Subd. 1.
Sec. 11.
Issuance of Permit; Conditions.
Subd. 1. If the City determines that the Applicant has satisfied the requirements of
this Article, the City may issue a Permit.
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, Subd. 2. The City may impose any reasonable conditions upon the issuance of a
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health, safety and welfare, to ensure the structural integrity of the Right-of-Way, to
protect the property and safety of other users of the Right-of-Way, to minimize the
disruption and inconvenience to the traveling public, and to otherwise efficiently
manage use of the Right-of-Way.
Sec. 12.
Permit Fees.
Subd. 1. Excavation Permit Fee. The Excavation Permit Fee shall be established
by the City in an amount sufficient to recover the following costs:
(1 ) the City Cost;
(2) the Degradation of the Right-of-Way that will result from the Excavation;
(3) Restoration, if done or caused to be done by the City.
Subd. 2. Obstruction Permit Fee. The Obstruction Permit Fee shall be established
by the City and shall be in an amount sufficient to recover the City Cost.
Subd. 3. Disruption Fees. The City may establish and impose a disruption fee as a
penalty for unreasonable delays in Excavations, Obstructions, or Restoration.
Disruption Fees will not be imposed if the delay in completion is due to circumstances
beyond the control of the Applicant, including without limitation inclement weather,
acts of God or civil strike.
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Subd.4. Payment of Permit Fees. No Excavation Permit or Obstruction Permit
shall be issued without payment of all fees required prior to the issuance of such a
Permit unless the Applicant shall agree (in a manner, amount, and substance
acceptable to the City) to pay such fees within thirty (30) days of billing therefor. All
Permit fees shall be doubled during a probationary period. Permit fees that were paid
for a Permit which was revoked for a breach are not refundable. Any refunded Permit
Fees shall be less all City Cost up to and including the date of refund.
Subd. 5. Use of Permit Fees. All Obstruction and Excavation Permit Fees shall be
used solely for City management, construction, maintenance and Restoration costs of
the Right-of-Way.
Sec. 13.
Right-of-Way Restoration.
Subd. 1. The work to be done under the Permit, and the Restoration and the
Right-of-Way as required herein, must be completed within the dates specified in the
Permit, increased by as many days as work could not be done because of
circumstances constituting force majeure or when work was prohibited as unseasonal
or unreasonable under Section 16, Subd. 2 all in the sole determination of the City. In
addition to repairing its own work, the Permittee must restore the general area of the
work, and the surrounding areas, including the paving and its foundations, to the
same condition that existed before the commencement of the work and must inspect
" the area of the work and use reasonable care to maintain the same condition for
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thirty-six (36) months thereafter.
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Subd. 2. In its application for an Excavation Permit, the Permittee may choose to
have the City restore the Right-of-Way. In any event, the City may determine to
perform the Right-of-Way Restoration and shall require the Permittee to pay a
Restoration Fee to provide for reimbursement of all costs associated with such
Restoration. In the event Permittee elects not to perform Restoration, City may, in lieu
of performing the Restoration itself, impose a fee to fully compensate for the resultant
Degradation as well as for any and all additional City Costs associated therewith.
Such fee for Degradation shall compensate the City for costs associated with a
decrease in the useful life of the Right-of-Way caused by Excavation and shall include
a Restoration Fee component. Payment of such fee does not relieve a Permittee from
any Restoration obligation. It does not relieve Permittee from any Restoration
Obligation, including but not limited to replacing and compacting the subgrade base
material and the excavation. The Restoration Fee will not include the cost to
accomplish these responsibilities.
(a) City Restoration. If the City restores the Right-of-Way, the Permittee
shall pay the costs thereof within thirty (30) days of billing. If, during
the thirty-six (36) months following such Restoration, the Right-of-Way
settles due to Permittee's Excavation or Restoration, the Permittee shall
pay to the City, within thirty (30) days of billing, the cost of repairing
said Right-of-Way.
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Permittee Restoration. If the Permittee chooses at the time of application
for an Excavation Permit to restore the Right-of-Way itself, such
Permittee shall post an additional Performance and Restoration Bond in
an amount determined by the City to be sufficient to cover the cost of
restoring the Right-of-Way to its pre-Excavation condition. If, twenty-
four (24) months after completion of the Restoration of the Right-of-
Way, the City determines that the Right-of-Way has been properly
restored, the surety on the Performance and Restoration Bond posted
pursuant to this Subd. 2(b) shall be released.
Subd. 3. The Permittee shall perform the work according to the standards and
with the materials specified by the City and in compliance with Minnesota Rule
7819.1100. The City shall have the authority to prescribe the manner and extent to
the Restoration, and may do so in written procedures of general application or on a
case-by-case basis. The City, in exercising this authority, shall be guided but not
limited by the following standards and considerations:
(b)
(a) the number, size, depth and duration of the Excavations, disruptions or
damage to the Right-of-Way;
(b) the traffic volume carried by the Right-of-Way; the character of the
neighborhood surrounding the Right-of-Way;
Ie) the pre-excavation condition of the Right-of-Way; the remaining life
expectancy of the Right-of-Way affected by the Excavation;
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(d)
whether the relative cost of the method of Restoration to the Permittee is
in reasonable balance with the prevention of an accelerated depreciation
of the Right-of-Way that would otherwise result from the Excavation,
disturbance or damage to the Right-of-Way; and
(e) the likelihood that the particular method of Restoration would be
effective in slowing the depreciation of the Right-of-Way that would
otherwise take place.
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Notwithstanding the foregoing, the maximum limits of Restoration Methods and area
requirements the City will impose are found in PUC Plates 1 to 13, shown in parts
7819.9900 to 7819.9950.
Subd. 4. By choosing to restore the Right-of-Way itself, the Permittee guarantees
its work and shall maintain it for twenty-four (24) months following its completion.
During this twenty-four month period it shall, upon notification from the City, correct
all Restoration work to the extent necessary, using the method required by the City.
Said work shall be completed within five (5) calendar days of the receipt of the notice
from the City, not including days during which work cannot be done because of
circumstances constituting force majeure or days when work is prohibited as
unseasonal or unreasonable under Section 16, Subd. 2 all in the sole determination of
the City.
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Subd. 5. If the Permittee fails to restore the Right-of-Way in the manner and to the
condition required by the City, or fails to satisfactorily and timely complete all repairs
required by the City, the City at its option may perform or cause to be performed such
work. In that event the Permittee shall pay to the City, within thirty (30) days of
billing, the cost of restoring the Right-of-Way. If Permittee fails to pay as required, the
City may exercise its rights under the Performance and Restoration Bond.
Sec. 14.
Joint Applications.
Subd. 1. Registrants may jointly make application for Permits to Excavate or
Obstruct the Right-of-Way at the same place and time.
Subd. 2. Registrants who join in and during a scheduled Obstruction or Excavation
performed by the City, whether or not it is a joint application by two or more
Registrants or a single application, are not required to pay the Obstruction and
Degradation portions of the Permit Fee.
Subd. 3. Registrants who apply for Permits for the same Obstruction or
Excavation, which is not performed by the City, may share in the payment of the
Obstruction or Excavation Permit Fee. Registrants must agree among themselves as
to the portion each will pay and indicate the same on their applications.
Sec. 15.
Supplementary Applications.
Subd. 1. A Right-of-Way Permit is valid only for the area of the Right-of-Way
specified in the Permit. No Permittee may perform any work outside the area specified
in the Permit, except as provided herein. Any Permittee which determines that an
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area greater than that specified in the Permit must be Obstructed or Excavated must
before working in that greater area (i) make application for a Permit extension and pay
any additional fees necessitated thereby, and (ii) be granted a new Permit or Permit
extension.
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Subd. 2. A Right-of-Way Permit is valid only for the dates specified in the Permit.
No Permittee may begin its work before the Permit start date or, except as provided
herein, continue working after the end date. If a Permittee does not finish the work
by the Permit end date, it must make application for a new Permit for the additional
time it needs, and receive the new Permit or an extension of the old Permit before
working after the end date of the previous Permit. This Supplementary Application
must be done before the Permit end date.
Sec. 16.
Other Obligations
Subd. 1. Obtaining a Right-of-Way Permit does not relieve Permittee of its duty to
obtain all other necessary Permits, licenses, franchises or other authorizations and to.
pay all fees required by the City, any other city, County, State or Federal rules, laws
or regulations. A Permittee shall comply with all requirements of local, state and
federal laws, including Minn. Stat. B 216D.01-09 ("One Call Excavation Notice
System"). A Permittee shall perform all work in conformance with all applicable codes
and established rules and regulations, and is responsible for all work done in the Right-
of-Way pursuant to its Permit, regardless of who performs the work.
--.
Subd. 2. Except in the case of an Emergency, and with the approval of the City,
no Right-of-Way Obstruction or Excavation may be performed when seasonally
prohibited or when conditions are unreasonable for such work.
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Subd. 3. A Permittee shall not so Obstruct a Right-of-Way that the natural free
and clear passage of water through the gutters or other waterways shall be interfered
with. Private vehicles may not be parked with or adjacent to a Permit area. The
loading or unloading of trucks adjacent to a Permit area is prohibited unless specifically
authorized by the Permit.
Sec. 17.
Denial of Permit.
The City may, in accordance with Minn. Stat. ~ 237.163, Subd. 4, deny any
application for a Permit as provided in this Section.
Subd. 1. Mandatory Denial. Except in the case of an Emergency, no Right-of-Way
Permit will be granted:
(a) To any Person required by Section 3 to be registered who has not
done so;
(b) To any Person required by Section 8 to file an annual report but
has failed to do so;
(c)
For any Next-year Project not listed in the construction and major
maintenance plan required under Section 8 unless the Person used
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(d)
(e)
(f)
(g)
commercially reasonable efforts to anticipate and plan for the
project;
For any project which requires the Excavation of any portion of a
Right-of-Way which was constructed or reconstructed within the
preceding five (5) years.
To any Person who has failed within the past three (3) years to
comply, or is presently not in full compliance, with the
requirements of this Article;
To any Person as to whom there exists grounds for the revocation
of a Permit under Section 22; and
If, in the sole discretion of the City, the issuance of a Permit for
the particular date and/or time would cause a conflict or interfere
with an exhibition, celebration, festival, or any other event. The
City, in exercising this discretion, shall be guided by the safety
and convenience of ordinary travel of the public over the Right-of-
Way, and by considerations relating to the public health, safety
and welfare.
Subd. 2. Permissive Denial. The City may deny a Permit in order to protect the
public health, safety and welfare, to protect interference with the safety and
convenience of ordinary travel over the Right-of-Way, or when necessary to protect
the Right-of-Way and its users. The City may consider one or more of the following
factors:
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(a) the extent to which Right-of-Way space where the Permit is
sought is available;
(b) the competing demands for the particular space in the Right-of-
Way;
(c) the availability of other locations in the Right-of-Way or in other
Rights-of-Way for the Equipment of the Permit Applicant;
(d) the applicability of ordinance or other regulations of the Right-of-
Way that affect location of Equipment in the Right-of-Way;
(e) the degree of compliance of the Applicant with the terms and
conditions of its franchise; if any, this Article, and other applicable
ordinances and regulations;
(f) the degree of disruption to surrounding communities and
businesses that will result from the use of that part of the Right-
of-Way;
(g)
the condition and age of the Right-of-Way, and whether and when
it is scheduled for total or partial reconstruction; and
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the balancing of the costs of disruption to the public and damage
to the Right-of-Way, against the benefits to that part of the public
served by the expansion into additional parts of the Right-of-Way.
Subd. 3. Discretionary Issuance. Notwithstanding the provisions of Section 17,
Subd. 1 (c), and (d) above, the City may issue a Permit in any case where the Permit is
necessary (a) to prevent substantial economic hardship to a customer of the Permit
Applicant, or (b) to allow such customer to materially improve its Utility Service, or (c)
to allow a new economic development project; and where the Permit Applicant did not
have knowledge of the hardship, the plans for improvement of Service, or the
development project when said Applicant was required to submit its list of Next-year
Projects.
(h)
Subd. 4. Permits for Additional Next-year Projects. Notwithstanding the
provisions of Section 17, Subd. 1 (c) above, the City may issue a Permit to a
Registrant who was allowed under Section 18, Subd. 2 to submit an additional Next-'
year Project, or in the event the Registrant demonstrates that it used commercially
reasonable efforts to anticipate and plan for the project, such Permit to be subject to
all other conditions and requirements of law, including such conditions as may be
imposed under Section 11, Subd. 2.
Sec. 18.
Installation Requirements.
"
In accordance with Minn. Stat. ~ ~ 237.162, Subd. 8(3); 237.163, Subd. 8; and the
Commission Rules, all work performed in the Right-of-Way shall be done in
conformance with the "Standard Specifications for Street Openings" as promulgated
by the City and at a location as may be required by Section 25, Subd. 2. The City
may enforce local standards pursuant to its inherent and historical police power
authority, so long as such standards do not impose greater requirements than those
found in the Commission Rules.
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Sec. 19.
Inspection.
Subd. 1. When the work under any Permit hereunder is completed, the Permittee
shall notify the City.
Subd. 2. Permittee shall make the work-site available to the City Inspector and to
all others as authorized by law for inspection at all reasonable times during the
execution and upon completion of work.
Subd. 3. At the time of inspection the City Inspector may order the immediate
cessation of any work which poses a serious threat to the life, health, safety or well-
being of the public. The City Inspector may issue an order to the Registrant for any
work which does not conform to the applicable standards, conditions or codes. The
order shall state that failure to correct the violation will be cause for revocation of the
Permit. Within ten (10) days after issuance of the order, the Registrant shall present
proof to the City that the violation has been corrected. If such proof has not been
presented within the required time, the City may revoke the Permit pursuant to
Section 22.
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Sec. 20.
Work Done Without a Permit.
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Subd. 1.
Emergency Situations.
Each registrant shall immediately notify the City or the City's designee of any event
regarding its Equipment which it considers to be an Emergency. The Registrant may
proceed to take whatever actions are necessary in order to respond to the Emergency.
Within two (2) business days after the occurrence of the Emergency, the Registrant
shall apply for the necessary Permits, pay the fees associated therewith and fulfill the
rest of the requirements necessary to bring itself into compliance with this Article for
the actions it took in response to the Emergency.
In the event that the City becomes aware of an Emergency regarding a Registrant's
Equipment, the City may attempt to contact the Local Representative of each
Registrant affected, or potentially affected, by the Emergency. In any event, the City
may take whatever action it deems necessary in order to respond to the Emergency,
the cost of which shall be borne by the Registrant whose Equipment occasioned the
Emergency.
Subd. 2.
Non-Emergency Situations.
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Except in the case of an Emergency, any Person who, without first having obtained
the necessary Permit, Obstructs or Evacuate a Right-of-Way must subsequently obtain
a Permit, pay double the normal fee for said Permit, pay double all the other fees
required by City ordinance, including, but not limited to, criminal fines and penalties,
deposit with the City the fees necessary to correct any damage to the Right-of-Way
and comply with all of the requirements of this Article.
Sec. 21.
Supplementary Notification.
If the Obstruction or Evacuation of the Right-of-Way begins later or ends sooner than
the date given on the Permit, Permittee shall notify the City of the accurate
information as soon as this information is known.
Sec. 22.
Revocation of Permits.
Subd. 1. Registrants hold Permits issued pursuant to this Code as a privilege and
not as a right. The City reserves its right, as provided herein and in accordance with
Minn. Stat. ~ 237.163, Subd. 4, to revoke any Right-of-Way Permit, without fee
refund, in the event of a substantial breach of the terms and conditions of any statute,
ordinance, rule or regulation, or any condition of the Permit. A substantial breach by
Permittee shall include, but shall not be limited to, the following:
(a) The violation of any material provision of the Right-of-Way Permit;
(b) An evasion or attempt to evade any material provision of the Right-of-
Way Permit, or the perpetration or attempt to perpetrate any fraud or
deceit upon the City or its citizens;
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(c)
Any material misrepresentation of fact in the application for a Right-of-
Way Permit;
(d) The failure to maintain the required bonds and/or insurance;
(e) The failure to complete the work in a timely manner; or
(f) The failure to correct a condition indicated on an order issued pursuant
to Section 19, Subd. 3.
Subd. 2. If the City determines that the Permittee has committed a substantial
breach of a term or condition of any statute, ordinance, rule, regulation or any
condition of the Permit, the City shall make a written demand upon the Permittee to
remedy such violation. The demand shall state that continued violations may be
cause for revocation of the Permit. Further, a substantial breach, as stated above, will
allow the City, at the City's discretion, to place additional or revised conditions on the
Permit.
Subd. 3. Within twenty-four (24) hours of receiving notification of the breach,
Permittee shall contact the City with a plan, acceptable to the City Inspector, for its
correction. Permittee's failure to so contact the City Inspector, the Permittee's failure
to submit an acceptable plan, or the Permittee's failure to reasonably implement the
approved plan shall be cause for immediate revocation of the Permit. Further,
Permittee's failure to so contact the City Inspector, or the Permittee's failure to submit
an acceptable plan, or Permittee's failure to reasonably implement the approved plan
shall automatically place the Permittee on Probation for one (1) full year.
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Subd. 4. From time to time, the City may establish a list of conditions of the
Permit which, if breach, will automatically place the Permittee on Probation for one (1)
full year, such as, but not limited to, working out of the allotted time period or
working on Right-of-Way outside of the Permit.
Subd. 5. If a Permittee, while on Probation, commits a breach as outlined above,
Permittee's Permit will automatically be revoked and Permittee will not be allowed
further Permits for one (1) full year, except for Emergency repairs.
Subd. 6. If a Permit is revoked, the Permittee shall also reimburse the City for the
City's reasonable costs, including Restoration costs and the costs of collection and
reasonable attorneys' fees incurred in connection with such revocation.
Sec. 23.
Appeals.
A Person that:
Subd. 1.
(a) has been denied Registration
(b) has been denied a Right-of-Way Permit;
Ie) has had its Right-of-Way Permit revoked; or
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(c)
has had its Right-of-Way Permit revoked; or
(d) believes that the fees imposed on the user by the City do not
conform to the requirements of law,
may have the denial, revocation, or fee imposition reviewed, upon written request, by
the City Council. The City Council shall act on a timely written request at its next
regularly scheduled meeting. A decision by the City Council affirming the denial,
revocation, or fee imposition must be in writing and supported by written findings
establishing the reasonableness of the decision.
Subd. 2. Upon affirmation by the City Council of the denial, revocation, or fee
imposition, the Right-of-Way user shall have the right to have the matter resolved by
binding arbitration. Binding arbitration must be before an arbitrator agreed to by both
the City and the Person. If the parties cannot agree on an arbitrator, the matter must
be resolved by a three-person arbitration panel made up of one arbitrator selected by
the City, one arbitrator selected by the Person, and one arbitrator selected by the'
other two arbitrators. The costs and fees of a single arbitrator shall be borne equally
by the City and the Person. In the event there is a third arbitrator, each party shall
bear the expense of its own arbitrator and shall jointly and equally bear with the other
party the expense of the third arbitrator and of the arbitration.
Subd. 3. Each party to the arbitration shall pay its own costs, disbursements, and
attorney fees.
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Sec. 24.
Mapping Data.
Subd. 1. Except as provided in Subd. 2 of this Section, each Registrant shall
provide as a part of its Permit Applicant the following information:
(a) Location and approximate depth of Applicant's mains, cables, conduits,
switches, and related equipment and facilities with the location based
on:
(i) Offsets from the property lines, distances from the centerline to
the public Right-of-Way, and curb lines as determined by the City.
(ii) Coordinates derived from the coordinates system being used by
the City or
(Hi) Any other system agreed upon by the Applicant and the City.
(b) Type and size of the utility facility.
(c) Description showing aboveground appurtenances.
(d) A legend explaining symbols, characters, abbreviations, scale and other
data shown on the map; and
(e) Any facilities to be abandoned, if applicable, in conformance with Minn.
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Stat. ~ 216D.04, Subd. 3.
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The Applicant shall provide the City information Mapping Data shall be provided with
specificity and in the format requested by the City for inclusion in the mapping system
used by the City. If such format is different from what is currently utilized and
maintained by the Registration, the Registrant may provide such information in the
format that they currently are utilizing. The Permit application fee may include the
cost to convert the data furnished by the Applicant to a format currently in use by the
City.
Subd. 2. Information regarding Equipment of Telecommunications Right-of-Way
Users constructed or located prior to May 10, 1997, need only be supplied in the form
maintained, however, all Telecommunications Right-of-Way Users must submit some
type of documentary evidence regarding the location of Equipment within the Rights-
of-Way of the City.
Subd. 3. At the request of any Registrant, any information requested by the City,'
which qualifies as a "trade-secret" under Minn. Stat. ~ 13.37(b) shall be treated as
trade secret information as detailed therein. With respect to the provision of Mapping
Data, the City may consider unique circumstances from time to time required to obtain
Mapping Data.
Sec. 25.
Location of Equipment.
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Subd. 1. Undergrounding. Unless otherwise permitted by an existing franchise or
Minnesota Statute 2168.34, or unless existing above-ground Equipment is repaired or
replaced, or unless infeasible such as in the provision of electric service at certain
voltages, new construction, the installation of new Equipment, and the replacement of
old Equipment shall be done underground or contained within buildings or other
structures in conformity with applicable codes unless otherwise agreed to by the City
in writing, and such agreement is reflected in applicable Permits.
,~
Subd. 2. High Density Corridor. The City may assign specific high density
corridors within the Right-of-Way or any particular segment therefore as may be
necessary for each type of equipment that is or, pursuant to current technology, the
City expects will someday be located within the Right-of-Way, Excavation,
Obstruction, or other Permits issued by the City involving the installation or
replacement of Equipment may designate the proper corridor for the Equipment at
issue and such Equipment must be located accordingly.
In the event the City desires to establish a high density corridor, it shall include the
elements required in Commission Rule 7819.0200.
Any Registrant who Equipment is located prior to enactment of this Article in the
Right-of-Way in a position at variance with the corridors established by the City shall,
no later than at the time of the next reconstruction or Excavation of the area where its
Equipment is located, move that Equipment to its assigned position within the Right-
of-Way, unless this requirement is waived by the City for good cause shown, upon
consideration of such factors as the remaining economic life of the facilities, public
safety, customer service needs and hardship to the Registrant.
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/ Subd. 3. Nuisance. One year after the passage of this ordinance, any Equipment
found in a Right-of-Way that has not been registered shall be deemed to be a
nuisance. The City may exercise any remedies or rights it has at law or in equity,
including, but not limited to, abating the nuisance or taking possession of the
Equipment and restoring the Right-of-Way to a useable condition.
Subd.4. Limitation of Space. To protect health, safety and welfare, the City shall
have the power to prohibit or limit the placement of new or additional Equipment
within the Right-of-Way if there is insufficient space to accommodate all of the
requests of Registrants or Persons to occupy and use the Right-of-Way. In making
such decisions, the City shall strive to the extent possible to accommodate all existing
and potential users of the Right-of-Way, but shall be guided primarily by
considerations of the public interest, the public's needs for the particular Service, the
condition of the Right-of-Way, the time of year with respect to essential utilities, the
protection of existing Equipment in the Right-of-Way, and future City plans for public
improvements and development projects which have been determined to be in the'
public interest.
Sec. 26.
Relocation of Equipment.
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The Person must promptly and at its own expense, with due regard for seasonal
working conditions, permanently remove and relocate its Equipment and facilities in
the Right-of-Way whenever the City requests such removal and relocation, and shall
restore the Right-of-Way to the same condition it was in prior to said removal or
relocation. The City may take such requests in order to prevent interference by the
Company's Equipment or facilities with (i) a present or future City use of the Right-of-
Way for a public project, (ii) the public health or safety; (iii) the safety and
convenience of travel over the Right-of-Way.
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Sec. 27.
Pre-Excavation Equipment Location.
In addition to complying with the requirements of Minn. Stat. B 216D..01-09 ("One
Call Excavation Notice System") before the start date of any Right-of-Way Excavation,
each Registrant who has Equipment located in the area to be Excavated shall mark the
horizontal and approximate vertical placement of all said Equipment. Any Registrant
whose Equipment is less than twenty (20) inches below a concrete or asphalt surface
shall notify and work closely with the Excavation contractor in an effort to establish
the exact location of its Equipment and the best procedures for Excavation.
Sec. 28.
Damage to Other Equipment.
When the City does work in the right-of-way and finds it necessary to maintain,
support or move a Registrant's facilities to protect it, the City shall notify the Local
Representative as early as is reasonably possible. The costs associated therewith will
be billed to that Registrant and must be paid within thirty (30) days from the date of
billing.
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Each Registrant shall be responsible for the cost of repairing any facilities in the Right-
of-Way which it or its facilities damages. Each Registrant shall be responsible for the
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cost of repairing any damage to the facilities of another Registrant caused during the
/ City's response to an Emergency occasioned by that Registrant's facilities.
Sec. 29.
Right-of-Way Vacation.
Subd. 1. If the City vacates a Right-of-Way which contains the facilities of a
Registrant, the registrant's rights in the vacated right-of-way are governed by
Minnesota Rules 7819.3200.
Subd. 2. If the vacation requires the relocation of Registrant or Permittee
Equipment and: (a) if the vacation proceedings are initiated by the Registrant or
Permittee, the Registrant or Permittee must pay the relocation costs; or (b) if the
vacation proceedings are initiated by the City, the Registrant or Permittee must pay
the relocation costs unless otherwise agreed to by the City and the Registrant or
Permittee; or (c) if the vacation proceedings are initiated by a Person or Persons other
than the Registrant or Permittee, such other Person or Persons must pay the relocation
costs.
Sec. 30.
Indemnification and Liability.
Subd. 1. By reason of the acceptance of a registration or the grant of a Right-of-
Way Permit, the City does not assume any liability: (a) for injuries to Persons, damage
to property, or loss of Service claims by parties other than the Registrant or the City;
or (b) for claims or penalties of any sort resulting from the installation, presence,
maintenance, or operation of Equipment by Registrants or activities of Registrants.
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Subd. 2. By registering with the City, or by accepting a Permit under this
Ordinance, a Registrant or Permittee agrees to defend and indemnify the City in
accordance with the provisions of Minnesota Rules 7819.1250.
Sec. 31.
Future Uses.
In placing any Equipment, or allowing it to be placed, in the Right-of-Way the City is
not liable for any damages caused thereby to any Registrant's Equipment which is
already in place. No Registrant is entitled to rely on the provisions of this Article, and
no special duty is created as to any Registrant. This Article is enacted to protect the
general health, welfare and safety of the public at large.
Sec. 32.
Abandoned and Unusable Equipment.
Subd. 1. A Registrant who has determined to discontinue its operations with
respect to any Equipment in any Right-of-Way, or segment or portion thereof, in the
City must either.
(a) Provide information satisfactory to the City that the Registrant's
obligations for its Equipment in the Right-of-Way under this Article
have been lawfully assumed by another Registrant; or
(b) Submit to the City a proposal and instruments for transferring
ownership of its Equipment to the City. If a Registrant proceeds
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under this clause, the City may, at its option:
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(1) purchase the Equipment, or
(2) require the Registrant, at its own expense, to remove it, or
(3) require the Registrant to post an additional bond or an
increased bond amount sufficient to reimburse the City for
reasonably anticipated costs to be incurred in removing the
Equipment.
Subd. 2. Equipment of a Registrant which fails to comply with the preceding
paragraph and which, for two (2) years, remains unused shall be deemed to be
abandoned. Abandoned Equipment is deemed to be a nuisance. The City may
exercise any remedies or rights it has at law or in equity, including, but not limited to,
(i) abating the nuisance, (ii) taking possession of the Equipment and restoring it to a
useable condition, (Hi) requiring removal of the Equipment by the Registrant or by the.
Registrant's surety; or (iv) exercising its rights pursuant to the Performance and
Restoration Bond.
Subd. 3. Any Registrant who has unusable Equipment in any Right-of-Way shall
remove it from that Right-of-Way during the next scheduled Excavation, unless this
requirement is waived by the City.
Sec. 33.
Reservation of Regulatory and Police Powers.
)
The City by the granting of a Right-of-Way Permit, or by registering a Person under
this Article does not surrender or to any extent lose, waive, impair, or lessen the
lawful powers and rights, which it has now or may be hereafter vested in the City
under the Constitution and statutes of the State of Minnesota or the Charter of the
City to regulate the use of the Right-of-Way by the Permittee; and the Permittee by its
acceptance of a Right-of-Way Permit or of registration under those ordinances agrees
that all lawful powers and rights, regulatory power, or police power, or otherwise as
are or the same may be from time to time vested in or reserved to the City, shall be in
full force and effect and subject to the exercise thereof by the City at any time. A
Permittee or Registrant is deemed to acknowledge that its rights are subject to the
regulatory and police powers of the City to adopt and enforce general ordinances
necessary to the safety and welfare of the public deemed to agree to comply with all
applicable general laws and ordinances enacted by the City pursuant to such powers.
Any conflict between the provisions of a registration or of a Right-of-Way Permit and
any other present or future exercise of the City's regulatory or police powers shall be
resolved in favor of the latter.
Sec. 34.
Severability.
If any Section, subsection, sentence, clause, phrase, or portion of this Article is for
any reason held invalid or unconstitutional by any court or administrative agency of
competent jurisdiction, such portion shall be deemed a separate, distinct, and
independent provision and such holding shall not affect the validity of the remaining
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portions thereof. If a regulatory body or a court of competent jurisdiction should
determine by a final, non-appealable order that any Permit, right or registration issued
under this Article or any portion of this Article is illegal or unenforceable, then any
such Permit, right or registration granted or deemed to exist hereunder shall be
considered as a revocable Permit with a mutual right in either party to terminate
without cause upon giving sixty (601 days written notice to the other. The
requirements and conditions of such a revocable Permit shall be the same
requirements and conditions as set forth in the Permit, right or registration,
respectively, except for conditions relating to the term of the Permit and the right of
termination. If a Permit, right or registration shall be considered a revocable permit as
provided herein, the Permittee must acknowledge the authority of the City Council to
issue such revocable Permit and the power to revoke it. Nothing in this Article
precludes the City from requiring a franchise agreement with the Applicant, as allowed
by law, in addition to requirements set forth herein.
Sec. 35.
Non-Exclusive Remedy.
The remedies provided in this Article and other Articles in the City Code are not
exclusive or in lieu of other rights and remedies that the City may have at law or in
equity. The City is hereby authorized to seek legal and equitable relief for actual or
threatened injury to the public Rights-of-Way, including damages to the Rights-of-
Way, whether or not caused by a violation of any of the provisions of this Article or
other provisions of the City.
Passed by the City Council this _ day of
,1999.
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J.E. McKelvey, Mayor
ATTEST:
Victoria Volk, Clerk
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
~6 J\1 ,:}\( O()~() N 's
COMh1-8Vf)
(JlO247-3.uGC.
ORDINANCE NO. 247
AN ORDINANCE PROVIDING FOR PUBLIC-RlGHT-OF-WA Y MANAGEMENT.
The City Council of the City of Andover hereby ordains as follows:
SECTION I. The Code of the City of Andover is hereby amended by providing for a
public right-of-way management.
Article 1. Election to Manage Public Right-of-Wav
Sec. 1.
Pumose.
The purpose ofthis Article is to provide an ordinance for the City (a) to manage its public
rights-of-way and to recover its rights-of-way management costs and (b )to regulate the
use of public rights-of-way by providers of telecommunication services, public utility
services, and the like, in a fair, efficient, competitively neutral and substantially uniform
manner, consistent with and to the extent authorized by Minnesota Law, specifically
) Minnesota Statutes, Secs. 237.162, 237.163, 237.79, 237.81 and 238.086 (1997) and
Minnesota Public Utility Commission Rules 7819.0050 through 7819.9950.
Sec. 2.
Definitions.
For the purposes of this Article, the following words and phrases shall have the meanings
respectively ascribed to them by this Section.
(a) "Applicant" means any Person requesting permission to Excavate or
Obstruct a Right-of-Way. THIS ALSO MEANS THE CITY OF
ANDOVER
(b) "City" means the City of Andover, Minnesota. For purposes of this
Ordinance, City means its elected officials, officers, employees, agents or
any commission, committee or subdivision acting pursuant to lawfully
delegated authority.
(c)
"City Cost" means the actual costs incurred by the City for managing
Rights-of- W ay including, but not limited to costs associated with
registering of applicants, issuing, processing, and verifying Right-of-Way
Permit applications; revoking Right-of-Way Permits; inspecting job sites;
creating and updating mapping systems; determining the adequacy of
Right-of-Way restoration; restoring work inadequately performed;
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maintaining, supporting, protecting, or moving user equipment during
Right-of-Way work; budget analysis; record keeping; legal assistance;
systems analysis; and performing all of the other tasks required by
this Article, including other costs the City may incur in managing the
provisions of this Article except as expressly prohibited by law.
THE ITALICIZED ABOVE IS NOT IN ST ATE LAW OR IN PUC RULES
(d) "City Inspector" meanS any Person authorized by the City to carry out
inspections related to the provisions of this Article.
(e) "Commission" rneans the State Public Utilities Commission.
(f) "Degradation" rneans the accelerated depreciation of the Right sf
Wayright-of-wav caused by Excavation in or disturbance of the
Right sf Wayright-of-wav, resulting in the need to reconstruct such
Right sf Wayright-of-wav earlier than would be required if the
Excavation did not occur, not to exceed the maximum restoration shown
in plates 1 to 13, set forth in Minnesota Rules parts 7819.9900 to
7819.9950.
(g)
"Emergency" means a condition that (a) poses a clear and immediate
danger to life or health, or of a significant loss of property; or (b) requires
immediate repair or replacement in order to restore S.~ervice to a customer.
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(h) "Equipment" means any tangible thing located in any Right of WElJright-
of-way; but shall not include boulevard plantings or gardens planted or
maintained in the Right of Wayright-of-wav between a Person's property
and the street curb. SHALL NOT INCLUDE DRIVEWAYS TO BUSINESSES OR
RESIDENCES
(i) "Excavate" means to dig into or in any way remove or physically disturb
or penetrate any part of a Right sf Wayright-of-wav.
G)
"Excavation Permit" means the Permit which, pursuant to this Article,'
must be obtained before a Person may excavate in a Right of Wayright-of-
Excavation Permit allows the holder to Excavate that part
Way described in such Permit.
way. An
of the Right-of-
(k) "Excavation Permit Fee" means money paid to the City by an Applicant
to cover the costs as provided in Section 12.
(I) "High Density Corridor" means a designated portion of the public Right-
of- Way within which Right of Wayright-of-wav users having multiple and
competing facilities may be required to billBUILD-and install facilities
J in a common conduit system or other common structure.
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(m) "Local Representative" means the Person or Persons, or designee of such
Person or Persons, authorized by a Registrant to accept Service and to
make decisions for that Registrant regarding all matters within the scope
of this Article.
(n) "Obstruction Permit" means the Permit which, pursuant to this Article,
must be obtained before a person may obstruct a Right Elf Wayright-of-
way, allowing the holder to hinder free and open passage over the
specified portion of a Right of Wa.yright-of-wav by placing Equipment
described therein on the Right-of- Way for the duration specified
therein. WHAT ABOUT PERMANENT FACILITIES SUCH AS POWER LINES
WHICH STAY ON A PERMANENT BASIS?
(0) "Obstruction Permit Fee" means money paid to the City by a Registrant
to cover the costs as provided in Section 12.
(P) "Performance and Restoration Bond" meanS any of the following forms of
security: (1) individual project bond; (2) cash deposit; (3) security in the
form ofa listed or approved under Minn. Stat. S 15.73, Subd. 3; (4) letter
of credit in a form acceptable to the City; (5) self insurance in a form
acceptable to the City; (6) blanket bond for projects within the City or
other form of construction bond for time specified in a form acceptable to
the City.
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(q) "Permittee" means any Person to whom a Permit to Excavate or Obstruct a
Right sf Wayright-of-way has been granted by the City under this Article.
(r) "Person" means any natural or corporate Person, business association or
other business entity including, but not limited to, a partnership, a sole
proprietorship, a political subdivision, a public or private agency of any
kind, a utility, a successor or assign of any of the foregoing, or any other
legal entity which has or seeks to have Equipment located in any Right-of-
Way.
(s) "Public Ribht Elf Wayright-of-way" means the area on, below, or above a
public roadway, highway, street, cartway, bicycle lane and public
sidewalk in which the City has an interest, including other dedicated
rights-of-way for travel purposes and utility easements of the City. A
right-of-way does not include the airwaves above a right-of-way with
regard to cellular or other non;wire telecommunications or broadcast
service. NOR DOES IT INCLUDE UTILITY EASEMENTS ALONG LOT SIDE AND
REAR LOT LINES
(t)
"Probation" means the status of a Person that has not complied with the
conditions of this Article. WHAT DOES THIS MEAN?
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(u)
"Probation Period" means one (I) year from the date that a Person has
been notified in writing that they have been put on Probation.
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(v) "Registrant" meanS any Person who (I) has or seeks to have its Equipment
located in any Right-of Way, or (2) in any way occupies or uses, or seeks
to occupy or use, the Right Elf Wayright-of-wav or any Equipment located
in the Right- of-Way and, accordingly, is required to register with the City.
(w)
"Right sf WayRight-of-wav Permit" means either the Excavation Permit
Obstruction Permit, or both, depending on the context,
Article.
or the
required by this
(x) "Rules" means Rule 7819.0050 through 7819.9950 adopted by the
Commission.
(y) "Telecommunication Right Elf Wayright-of-wav User" means a Person
owning or controlling a facility in the Right sf Wayright-of-wav, or
seeking to own or control the same, that is used or is intended to be used for
transporting telecommunication or other voice or data
information. For purposes of this Article, a cable communications
system defined and regulated under Minn. Stat. Chap. 238, and
telecommunications activities related to providing natural gas or
/ electric energy services are not included in this definition for
purposes of this Article. This definition shall not be
inconsistent with Minn. Stat. ~ 237.162, Subd. 4.
Sec. 3.
Administration.
The City may designate a principal City official responsible for the administration of the
Rights-of-Way, Right sf Wayright-of-wav Permits, and the ordinances related thereto.
The City may delegate any or all of the duties hereunder.
Sec. 4.
Registration. Bonding and Right sf Wavright-of-way Occupancy.
Subd. 1. Each Person which occupies, uses, or seeks to occupy or use, the Right of
Wayright-of-way or any Equipment located in the Right sf Wayright-of-way, including
by lease, sublease or assignment, or who has, or seeks to have, Equipment located in any
Right sf Wayright-of-way must register with the City. Registration will consist of
providing application information to and as required by the City, paying a registration
fee, and posting a Performance and Restoration Bond.
,
The Performance and Restoration Bond required in this Section, and in Sections 10,
Subd. 2; 13, Subd. 2(b) and Section 32, Subd. 1(b)(3) shall be in an amount determined in
the City's sole discretion, sufficient to serve as security for the full and complete
performance of the obligations under this Article, including any costs, expenses,
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damages, or loss the City pays or incurs because of any failure to comply with this Article
or any other applicable laws, regulations or standards. During periods of construction,
repair or Restoration of Rights-of-Way or Equipment in Rights-of-Way, the Performance
and Restoration Bond shall be in an amount sufficient to cover 100% of the estimated
cost of such work, as documented by the Person proposing to perform such work, or in
such lesser amount as may be determined by the City, taking into account the amount of
Equipment in the RiglN sf Wayright-of-way. the location and method of installation of
the Equipment, the conflict or interference of such Equipment with the Equipment of
other Persons, and the purposes and policies of this Article. Sixty (60) days after
completion of the work, the Performance and Restoration Bond may be reduced in the
sole determination of the City.
Subd. 2. No person shall construct, install, repair, remove, relocate, or perform any
other work on, or use any Equipment or any part thereoflocated in any RiglN of
Wayright-of-way without first being registered with the City.
Subd. 3. Nothing herein shall be construed to repeal or amend the provisions of a
City ordinance permitting Persons to plant or maintain boulevard plantings or gardens or
in the area ofRiglN sf Wayright-of-way between their property and the street curb.
Persons planting or maintaining boulevard plantings or gardens shall not be deemed to
use or occupy the RiglN of Wayright-of-way, and shall not be required to obtain any
Permits to satisfy any other requirements for planting or maintaining such boulevard
/ plantings or gardens under this Article. However, Excavations deeper than 12 inches are
subject to the Permit requirements of Section 9 of this Article.
See, 5.
Right to Occupv Rights-of-Way: Pavment of Fees.
Subd. 1. Any Person required to register under Section 3, which occupies, uses, or
places its Equiprnent in the Right of Wayright-of-way, is hereby granted a right to do so
if and only so long as it (I) timely pays all fees as provided herein and (2) complies with
all other requirements of law.
Subd. 2. The grant of right in Section 5 is expressly conditioned on, and is subject
to, the police powers of the City, continuing compliance with all provisions oflaw now or
hereinafter enacted, including this Article as it may be from time to time amended and, .
further, is specifically subject to the obligation to obtain any and all additional required
authorizations, whether from the City or other body or authority.
Sec, 6.
Franchise: Franchise Supremacy.
,
The City may, in addition to the requirements of this Article, require any Person
wlHeftwho has or seeks to have Equipment located in any Rigflt of ''vayright-of-way to
obtain a franchise to the full extent permitted by law, now or hereinafter enacted. The
terms of any franchise which are in direct conflict with any provisions of this Article,
whether granted prior or subsequent to enactment to this Article (excluding the City's
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police powers which shall always be reserved to the City), shall control and supersede the
conflicting terms of this Article provided, however, that requirements relating to
insurance, bonds, penalties, security funds, letters of credit, indemnification or any other
security in favor of the City may be cumulative in the sole determination of the City or
unless otherwise negotiated by the City and the franchise grantee. All other City or
unless otherwise negotiated by the City and the franchise grantee. All other terms of this
Article shall be fully applicable to all Persons whether franchised or not.
, )
Sec. 7.
Registration Information.
Subd. 1. The information provided to the City at the time of registration shall
include, but not be limited to:
(a)
The Registrant's name, Gopher One-Call registration certificate number,
address and e-mail address if applicable, and telephone and facsimile
numbers.
(b)
The name, address and e-mail address, if applicable, and telephone and
facsimile numbers of a Local Representative. The Leeal Represeatative er
aesigaee sRall se a-':ailal31e at all times. CWTeat Current information
how to contact the Local Representative in an Emergency
provided at the time of registration.
regarding
shall be
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( c) A certificate of insurance or self-insurance:
(1) Shall be on a form approved by the City,
(2) Shall verify that an insurance policy has been issued to the
Registrant by an insurance company licensed to do business in the
State of Minnesota; or is covered by self-insurance which the City
determines to provide the City with protections equivalent to that
of a Minnesota licensed insurance company, legally independent
from Registrant.
(3) Shall verify that the Registrant is insured against claims for
personal injury, including death, as well as claims for property
damage arising out of the (i) use and occupancy of the Right-of-
Way by the Registrant, its officers, agents, employees and
Permittees, and (ii) placement and use of Equipment in the Right-
of-Way by the Registrant, its officers, agents, employees and
Permittees, including, but not limited to, protection against liability
arising from completed operations, damage of underground
Equipment and collapse of property,
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(4)
Shall name the City as an additional insured as to whom the
coverages required herein are in force and applicable and for whom
defense will be provided as to all such coverages,
....
(5) Shall require that the City be notified thirty (30) days in advance of
cancellation of the policy, and
(6) Shall indicate comprehensive liability coverage, automobile
liability coverage, workers compensation and umbrella coverage in
amounts established by the City of the office of risk and employee
benefit management in amounts sufficient to protect the City and
carry out the purposes and policies of this Article.
(d) If the Registrant is a corporation, a copy of the certificate required to be
filed under Minn. Stat. ~ 300.06 (1996) as recorded and certified to by the
Secretary of State.
(e) A copy of the Registrant's certificate of authority frorn the Minnesota
Public Utilities Commission, where the Registrant is lawfully required to
have such certificate from said Commission.
(f) Such other information as the City may require.
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Subd. 2. The Registrant shall keep all of the information listed above current at all
times by providing to the City information of changes within fifteen (15) days following
the date on which the Registrant has knowledge of any change.
Sec. 8.
Reoorting Obligations.
Subd. 1. Ooerations. Each Registrant shall, at the time of registration and by
December 1 of each year, file a construction and major maintenance plan with the City.
Registrants must use commercially reasonable efforts to anticipate and plan for all
upcoming projects and include all such projects in a construction or major maintenance
plan. Such plan shall be submitted using a format designated by the City and shall
contain the information determined by the City to be necessary to facilitate the
coordination and reduction in the frequency of Excavations and Obstructions of Rights-
of-Way.
The plan shall include, but not be limited to, the following information:
(I) the specific locations and the estimated beginning and ending dates of all
Projects to be commenced during the next calendar year (in this Section, a
"Next-year Project"); and
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" (2) the tentative locations and beginning and ending dates for all Projects
contemplated for the five years following the next calendar year (in this
Section, a "Five-year Project").EVEN ANTICIPATED PROJECTS CAN
CHANGE IN SCOPE. CONCERN THAT THIS DOES NOT GIVE ENOUGH
FLEXIBILITY TO CARRY OUT PROJECTS! AS FOR LOCATIONS AND
BEGINNING AND END DATES FOR UP TO FIVE YEARS IS UNREASONABLE -
TELL ME WHAT THE CITY IS GOING TO BE DOING FIVE YEARS OUT.
The term "Project" in this Section shall include both next-year Projects and Five-year
Projects.
By January 1 of each year the City will have available for inspection in its offices a
composite list of all Projects of which it has been informed in the annual plans. All
Registrants are responsible for keeping themselves apprised of the current status of this
list.
Thereafter, by February 1, each Registrant rnay change any Project in its list ofNnext-
year Projects, and must notify the City and all other Registrants of all such changes
(WHY NOT JUST TELL THE CITY - IDENTIFYING ALL OTHER REGISTRANTS
IS CUMBERSOME)in said list. Notwithstanding the foregoing, a Registrant may at any
time join in a Ngext-year P-groject of another Registrant that was listed by the other
Registrant.
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Subd. 2. Additional Next-year Projects. Notwithstanding the foregoing, the City
may, for good cause shown, allow a Registrant to submit additional Nnext-year P-Qrojects.
Good cause includes, but is not limited to, the criteria set forth in Section 30.37, S-ubd. 3
concerning the discretionary issuance of Permits.
Sec. 9.
Permit Requirement.
Except as otherwise provided for in this Code, no Person may Obstruct or Excavate any
Right sf Wayright-of-way without first having obtained the appropriate Right sf
Wayri~ht-of-way Permit from the City to do so.
(a) Excavation Permit. An Excavation Permit is required to allow the holder
to Excavate that part of the Right of Wayright-of-way described in such
Permit and/or to hinder free and open passage over the specified portion
of the Right-of- Way by placing Equipment described therein, to the
extent and for the duration specified therein. '
(b) Obstruction Permit. An Obstruction Permit is required to allow the
holder to hinder free and pen passage over the specified portion of Right-
of-Way by placing Equipment, vehicles, or other obstructions described
therein on the Right of Wayright-of-way for the duration specified therein.
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No Person may E)(ea.;ateexcavate or Obstruct the Right sf Wayright-of-wav beyond the
date or dates specified in the Permit unless such person RECEIVES(i) a new Permit or ~
Permit extension is granted.
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Permits issued under this Article shall be conspicuously displayed at all times at the
indicated work site and shall be available for inspection by the City Inspector and
authorized City personnel.
Sec. 10.
Permit Applications.
Subd. 1. Application for a Permit is made to the City. Right sf Wayright-of-wav
Permit applications shall contain, and will be considered cornplete only upon compliance
with, the requirements of the following provisions:
(a) Registration with the City pursuant to this Article.
(b) Submission of a completed Permit application form, including all required
attachments, and scaled drawings showing the location and area of the
proposed project and the location of all existing and proposed Equipment.
(c) Payment of all money due to the City for:
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(1)
Permit fees and costs due;
(2) prior Obstructions or Excavations;
(3) any loss, damage, or expense suffered by the City as a result of
Applicant's prior Excavations or Obstructions of the Rights-of-
Way of any Emergency actions taken by the City; and
(4) franchise fees, if applicable.
Subd. 2. When an Excavation Permit is requested for purposes of installing
additional Equipment, and a Performance ang Restoration Bond which is in existence is
insufficient with respect to the additional Equipment in the sole determination of the City,
the Permit applicant may be required by the City to post an additional Performance and
Restoration Bond in accordance with Section 4, Subd. 1.
Sec. 11.
Issuance of Permit: Conditions.
Subd. 1. If the City determines that the Applicant has satisfied the requirements of
this Article, the City may SHALL-)ssue a Permit. WHY SET OUT ALL THE
CRITERIA FOR OBTAINING A PERMIT THAT MUST BE MET IF THE CITY CAN
/ REJECT THE APPLICATION IN THE END?
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Subd. 2. The City may impose any reasonable conditions upon the issuance of a
Permit and the performance of the applicant thereunder in order to protect the public
health, safety and welfare, to ensure the structural integrity of the Right sf W~'right-of-
way, to protect the property and safety of other users of the Right of Wa.yright-of-wav, to
minirnize the disruption and inconvenience to the traveling public, and to otherwise
efficiently manage use of the RiblH of W~'right-of-wav.
Sec. 12.
Permit Fees.
Subd. 1. Excavation Permit Fee. The Excavation Permit Fee shall be established
by the City in an amount sufficient to recover the following costs: WHY WOULD THE
FEE BE THE COST OF DOING THE WORK IF THE CONTRACTOR IS GOING TO
DO THE RESTORATION WORK? THIS EFFECTIVELY DOUBLES THE COST OF
THE PROJECT FOR UP TO 60 DAYS FOLLOWING COMPLETION
(1) theThe City Cost;
(2) theThe Degradation of the Right sf W~'right-of-wav that will result frorn
the Excavation; -
(3) Restoration, if done or caused to be done by the City.
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Subd. 2. Obstruction Permit Fee. The Obstruction Permit Fee shall be established
by the City and shall be in an amount sufficient to recover the City Cost. WHAT COST
IS THERE SIMPLY TO THE OBSTRUCTION OF A STREET FOR A SHORT TIME?
Subd. 3. Disruotion Fees. The City may establish and impose a disruption fee as a
penalty for unreasonable delays in Excavations, OestrneitonsObstructions, or Restoration.
Disruption Fees will not be imposed if the delay in completion is due to circumstances
beyond the control of the Applicant, including without limitation inclement weather, acts
of God or civil strike. HOW DO YOU GET THIS FEE? UP FRONT OR AFTER THE
SITUATION HAS HAPPENED?
Subd. 4. Pavment of Permit Fees. No Excavation Permit or Obstruction Permit
shall be issued without payment of all fees required prior to the issuance of such a Permit
unless the Applicant shall agree (in a manner, amount, and substance acceptable to the
City) to pay such fees within thirty (30) days of billing therefor. All Permit fees shall be
doubled during a probationary period. Permit fees that were paid for a Permit which was
revoked for a breach are not refundable. Any refunded Permit Fees shall be less all City
Gj;,ost up to and including the date of refund. DOUBLED FEES DO NOT REACH THE
CRITERIA OF THE CITY SIMPLY RECOVERING ITS COSTS. THIS IS A
PUNITIVE DOUBLING
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Subd. 5. Use of Permit Fees. All Obstruction and Excavation Permit Fees shall be
used solely for City management, construction, maintenance and Restoration costs of the
Right Bf Wa-yright-of-wav.
Sec. 13.
Rieht sf Wavright-of-wav Restoration.
Subd. 1. The work to be done under the Permit, and the Restoration and the Right
sf Wa-yright-of-wav as required herein, must be completed within the dates specified in
the Permit, increased by as many days as work could not be done because of
circumstances constituting force majeure or when work was prohibited as
1:lRseasclRalunseasonable or unreasonable under Section 16, Subd. 2 all in the sole
determination of the City. In addition to repairing its own work, the Permittee must
restore the general area of the work, and the surrounding areas, including the paving and
its foundations, to the same condition that existed before the commencement of the work
and must inspect the area of the work and use reasonable care to maintain the same
condition for thirty-six (36) rnonths thereafter.( SHOULD SOMEONE ELSE COME IN
A YEAR LATER IN THE SAME AREA. THEN THE RESTORATION FEES
SHOULD BE RELEASED AND THE NEW FIRM LIABLE FOR THE
MAINTENANCE. ALSO. I OUESTION WHETHER 3 YEARS IS REASONABLE IN
ALL CASES,
Subd. 2. In its application for an Excavation Permit, the Permittee rnay choose to
have the City restore the Right-of Way. In any event, the City may determine to perform
the Right Bf Wayright-of-wav Restoration (UNDER WHAT CIRCUMSTANCES DOES
THE CITY STEP IN - THAT SHOULD BE POINTED OUT. ALSO. IF A BOND HAS
BEEN SET THAT SHOULD COVER THE TOTAL COSTS AND NO OTHER LEVY
SHOULD BE NEEDED and shall require the Permittee to pay a Restoration Fee to
provide for reimbursement of all costs associated with such Restoration. In the event
Permittee elects not to perform Restoration, City may, in lieu of performing the
Restoration itself, impose a fee to fully compensate for the resultant Degradation as well
as for any and all additional City Costs associated therewith. Such fee for Degradation
shall compensate the City for costs associated with a decrease in the useful life of the
Right of Wayright-of-wav caused by Excavation and shall include a Restoration Fee
component. Payment of such fee does not relieve a Permittee from any Restoration
obligation. It does not relieve Permittee from any Restoration Obligation, including but
not limited to replacing and compacting the sub grade base material and the excavation.
The Restoration Fee will not include the cost to accomplish these responsibilities~. (FEES
SHOULD COVER ALL THE COSTS. NOT JUST SOME)
City Restoration. If the City restores the Risht ef Wayright-of-wav, the
shall pay the costs thereof within thirty (30) days of billing.
thirty-six (36) months following such Restoration, the
settles due to permittee's Excavation or
pay to the City, within thirty (30)
Risht of Wayright-of-
(a)
Permittee
If, during the
RiSflt ef Wayright-of-wav
Restoration, the Permittee shall
days of billing, the cost of repairing said
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waV.(THE CITY SHOULD DO IT RIGHT THE FIRST TIME AND IF IT IS NOT
DONE RIGHT. THE CITY SHOULD PAY ANY EXPENSES OUT TWO OR THREE
YEARS)
)
(b) Permittee Restoration. If the Permittee chooses at the tirne of application
for an Excavation Permit to restore the Right Bf Wayright-of-wav itself,
such Permittee shall post an additional performance and Restoration Bond
in an amount determined by the City to be sufficient to cover the cost of
restoring the Right Bf Wii)'right-of-wav to its pre-Excavation condition.
If, twenty-four (24) months after completion of the Restoration of the Right of
Wafright-of-wav, the City determines that the Right sf
Wafright-of-wav has been properly restored, the surety on the Performance and
Restoration Bond posted pursuant to this Subd. 2(b) shall be
released~. (24 MONTHS HERE BUT 36 MONTHS JUST ABOVE - THE TIMES
SHOULD BE UNIFORM)
Subd. 3. The Permittee shall perform the work according to the standards and with
the materials specified by the City and in compliance with Minnesota Rule 7819.1 100.
The City shall have the authority to prescribe the manner and extent to the Restoration,
and may do so in written procedures of general application or on a case-by-case basis.
The City, in exercising this authority, shall be guided but not lirnited by the following
'\ standards and considerations: CITY CAN ONL Y MANDATE RESTORATION TO THE
J EXISTING CONDITION. NOT GREATER
(a) the number, size, depth and duration of the Excavations, disruptions or
damage to the Right of Wayright-of-wav;
(b)
the traffic volume carried by the Right ef Wa~'right-of-wav; the character
neighborhood surrounding the Right sf Wayright-of-wav;
of the
(c) the pre-excavation condition of the Right sf '.Vayright-of-wav; the
remaining life expectancy of the Right sf Wii)'right-of-wav affected by
the Excavation;
(d)
whether the relative cost of the method of Restoration to the Permittee is
in reasonable balance with the prevention of an accelerated depreciatio!l..l't
the Right sf Wayright-of-wav that would otherwise result from the -
disturbance or damage to the Right sf Wii)Tight-of-wav;
of
Excavation,
and
(e) the likelihood that the particular method of Restoration would be effective
in slowing the depreciation of the Right of Wayright-of-wav that would
otherwise take place.
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Notwithstanding the foregoing, the maxirnum limits of Restoration Methods and area
requirements the City will impose are found in PUC Plates 1 to 13, shown in pacts
7819.9900 to 7819.9950.
Subd. 4. By choosing to restore the Right sf Wayright-of-wav itself, the Permittee
guarantees its work and shall maintain it for twenty-four (24)(again conflicts with the 36-
month provision) rnonths following its cornpletion. During this twenty-four month
period it shall, upon notification from the City, correct all Restoration work to the extent
necessary, using the method required by the City. Said work shall be completed within
five (5) calendar days (FIVE DA YS MAY NOT BE ENOUGH TIME OR CREWS
CANNOT BE FOUND TO DO THE WORK THAT OUICKL Y. SUGGEST 10 TO 12
DA YS)ofthe receipt of the notice frorn the City, not including days during which work
cannot be done because of circumstances constituting force majeure or days when work is
prohibited as unseasonal or unreasonable under Section 16, Subd. 2 all in the sole
determination of the City.
Subd. 5. If the Permittee fails to restore the Right sf Wayright-of-wav in the
manner and to the condition required by the City, or fails to satisfactorily and timely
complete all repairs required by the City, the City at its option may perform or cause to
be performed such work. In that event the Permittee shall pay to the City, within thirty
(30) days of billing, the cost of restoring the Right sf Wayright-of-wav. If Permittee fails
" to pay as required, the City may exercise its rights under the Performance and Restoration
/ Bond.
Sec. 14.
Joint Applications.
Subd. 1. Registrants may jointly make application for permits to Excavate or
Obstruct the Right sf Wayright-of-wav at the same place and time.
Subd. 2. Registrants who join in and during a scheduled Obstruction or Excavation
performed by the City, whether or not it is a joint application by two or more Registrants
or a single application, are not required to pay the Obstruction and Degradation portions
of the permit Fee.
Subd. 3. Registrants who apply for Permits for the same Obstruction or Excavation,
which is not performed by the City, may share in the payment of the Obstruction or
Excavation Permit Fee. Registrants must agree among themselves as to the portion each
will pay and indicate the same on their applications.
Sec. 15.
Supplementary Applications.
Subd. 1. A Right sf Wayright-of-wav Permit is valid only for the area of the Right
of 'Nayright-of-wav specified in the Permit. No Permittee may perform any work outside
J the area specified in the Permit, except as provided herein. Any Permittee which
determines that an area greater than that specified in the Permit must be Obstructed or
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Excavated must before working in that greater area (I) rnake application for a permit
extension and pay any additional fees necessitated thereby, and (ii) be granted a new
Permit or Permit extension.
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Subd. 2. A Right sf Wayright-of-wav Permit is valid only for the dates specified in
the permit. No Permittee may begin its work before the Permit start date or, except as
provided herein, continue working after the end date. If a Permittee does not finish the
work by the Permit end date, it must make application for a new Permit for the additional
time it needs, and receive the new Permit or an extension of the old Permit before
working after the end date of the previous Permit. This Supplementary Application must
be done before the Permit end date.
Sec. 16.
Other Obligations.
Subd. 1. Obtaining a Right of Wayright-of-wav Permit does not relieve Permittee
of its duty to obtain all other necessary Permits, licenses, franchises or other
authorizations and to pay all fees required by the City, any other city, County, State or
Federal rules, laws or regulations. A Permittee shall comply with all requirements of
local, state and federal laws, including Minn. Stat. SS 216D.OI-09 ("One Call Excavation
Notice Systern"). A permittee shall perform all work in conformance with all applicable
codes and established rules and regulations, and is responsible for all work done in the
Right sf Wayright-of-wav pursuant to its Permit, regardless of who performs the work.
J
Subd. 2. Except in the case of an Emergency, aBd or -with the approval of the City,
no Right Elf Wayright-of-wav Obstruction or Excavation may be performed when
seasonally prohibited or when conditions are unreasonable for such work.
Subd. 3. A Permittee shall not so Obstrm:tobstruct a Right sf Wayright-of-wav that
the natural free and clear passage of water through the gutters or other waterways shall be
interfered with~. (IN SOME CASES THIS MAY BE IMPOSSIBLE TO DO) Private
vehicles may not be parked with or adjacent to a Permit area~. (PUBLIC ROADS CAN
BE PARKED UPON BY PRIVATE VEHICLES - WHERE WOULD WORKERS
PARK THEIR CARS? THIS PROVISION LEAVES NO REASONAALBE
AL TERNA TIVEThe loading or unloading of trucks adjacent to a Permit area is
prohibited unless specifically authorized by the Permit.
Sec. 17.
Denial of Permit.
The City may, in accordance with Minn. Stat. S 237.163, Subd. 4,deny any application
for a Permit as provided in this Section.
Subd. 1. Mandatorv Denial. Except in the case of an Emergency, no Right of
Wayright-of-wav Permit will be granted:
/
(a) To any Person required by Section 3 to be registered who has not done so;
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(b)
To any Person required by Section 8 to file an annual report but has failed
to do so;
(c) For any Next-year Project not listed in the construction and major
maintenance plan required under Section 8 unless the Person used
commercially reasonable efforts to anticipate and plan for the project;
(d) For any project which requires the Excavation of any portion of a Right-
of-Way which was constructed or reconstructed within the preceding five
(5) years.(THIS IS UNREASONABLE SAY A GAS LINE WAS PUT IN
AND THEN FOUR YEARS LATER A SUBDIVISION IS PLATTED AND ELECTRIC
SERVICE IS REQUIRED. UNDER THIS PROVISION THE ELECTRIC SERVICE
COULD NOT BE PUT IN BECAUSE SOME OTHER UTILITY QR FIRM USED THE
RIGHT OF WAY FOUR YEARS EARLIER)
(e) To any Person who has failed within the past three (3) years to comply, or
is presently not in full compliance, with the requirements of this Article;{A
ONE TIME MINOR PROBLEM SHOULD NOT MEAN A FIRM CANT DO -
ANYTHING FOR THREE MORE YEARS
(f)
To any Person as to whom there exists grounds for the revocation of a
Permit under Section 22; and
j
(g) If, in the sole discretion of the City, the issuance of a Permit for the
particular date and/or time would cause a conflict or interfere with an
exhibition, celebration, festival, or any other event. The City, in
exercising this discretion, shall be guided by the safety and convenience of
ordinary travel of the public over the Right ef WayRIGHT-OF-W A Y, and
by considerations relating to the public health, safety and welfare.(DO YOU
WANT TO HOLD UP A GAS LINE TO A NEW AREA BECAUSE A FESTIVAL IS
COMING UP IN TWO WEEKS AND WORK WOULD BE IN THAT AREA AT THAT
TIME? I DON'T THINK SO
Subd. 2. Permissive Denial. The City may deny a Permit in order to protect the
public health, safety and welfare, to protect interference with the safety and convenience
of ordinary travel over the Right of WayRIGHT-OF-WA Y, or when necessary to protect
the Right of WayRIGHT-OF-WA Y and its users. The City may consider one or more of
the following factors:
(a) the extent to which Right of ''vayright-of-wav space where the Permit is sought is
available;
. / (b) the competing demands for the particular space in the Right of
WayRIGHT-OF-WA Y;
U;!6
,
J
(c) the availability of other locations in the Right of Wayright-of-way or in other
Rights- of-Way for the Equiprnent of the Permit Applicant;
(d) the applicability of ordinance or other regulations of the Right of Wayright-of-
way that affect location of Equiprnent in the Right sf WayRlGHT-OF-
WAY'
-'
( e) the degree of compliance (WHAT CRITERIA DO WE USE HERE?)of
the Applicant with the terms and conditions of its franchise; if any, this
Article, and other applicable ordinances and regulations;
(f) the degree of disruption to surrounding communities and businesses that
will result from the use of that part of the Right sf WayRIGHT-OF-
W A Y;( HOW WILL THIS DISRUPTION BE CALCULATED - HOW DO YOU
BALANCE DISRUPTION AGAINST THE BENEFIT TO THE PUBLIC - VERY
BROAD DISCRETION HER TO THE CITy)
(g) the condition and age of the Right sf WayRIGHT-OF- WAY, and whether
and when it is scheduled for total or partial reconstruction; and
(h) the balancing of the costs of disruption to the public and damage to the
j Right of WayRIGHT-OF-W A Y, against the benefits to that part of the
public served by the expansion into additional parts of the Right of
WayRIGHT-OF-WAY.
Subd. 3. Discretionarv Issuance. Notwithstanding the provisions of Section 17,
Subd. l(c), and (d) above, the City may issue a Permit in any case where the Permit is
necessary (a) to prevent substantial economic hardship to a customer of the Permit
Applicant, or (b) to allow such customer to materially improve its Utility Service, or (c)
to allow a new economic development project; and where the Permit Applicant did not
have knowledge of the hardship, the plans for improvement of Service, or the
development project when said Applicant was required to submit its list of Next-year
Projects. (A WIDE OPEN DOOR FOR LAST MINUTE CHANGES - NEED
SOMETHING LIKE THIS. BUT WE SHOULD PERHAPS LOOK AT OTHER
LANGUAGE OR WAYS TO MEET THIS PROBLEM)
/
Subd. 4. Permits for Additional Next-year Projects. Notwithstanding the
provisions of Section 17, Subd. I (c) above, the City may issue a Permit to a Registrant
who was allowed under Section 18, Subd. 2 to submit an additional Next-year Project, or
in the event the Registrant demonstrates that it used commercially reasonable efforts to
anticipate and plan for the project, such Permit to be subject to all other conditions and
requirements of law, including such conditions as may be imposed under Section II,
Subd. 2.
"
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Sec. 18.
Installation Requirements.
In accordance with Minn. Stat. SS 237.162, Subd. 8(3); 237.163, Subd. 8; and the
Commission Rules, all work performed in the Right ef Wayright-of-way shall be done in
conformance with the "Standard Specifications for Street openings" as promulgated by
the City and at a location as may be required by Section 25, Subd. 2. The City may
enforce local standards pursuant to its inherent and historical police power authority, so
long as such standards do not impose greater requirernents than those found in the
Commission Rules.
Sec. 19.
Inspection.
Subd. 1. When the work under any Permit hereunder is completed, the Permittee
shall notify the City.
Subd. 2. Permittee shall make the work-site available to the City Inspector and to
all others as authorized by law for inspection at all reasonable times during the execution
and upon completion of work.
Subd. 3. At the time of inspection the City Inspector rnay order the immediate
cessation of any work which poses a serious threat to the life, health, safety or well-being
of the public. The City Inspector may issue an order to the Registrant for any work which
.J does not conform to the applicable standards, conditions or codes. The order shall state
that failure to correct the violation will be cause for revocation of the Permit. Within ten
(10) days after issuance of the order, the Registrant shall present proof to the City that the
violation has been corrected. If such proof has not been presented within the required
time, the City may revoke the Permit pursuant to Section 22.
Sec. 20.
Work Done Without a Permit.
Subd. 1.
Emergency Situations.
Each registrant shall immediately notify the City or the City's designee of any event
regarding its EquipmeRt 'shieflEquipment. which it considers to be an Emergency. The
Registrant may proceed to take whatever actions are necessary in order to respond to the
Emergency. Within two (2,J) business days after the occurrence of the Emergency, the
Registrant shall apply for the necessary Permits, pay the fees associated therewith and
fulfill the rest of the requirements necessary to bring itself into compliance with this
Article for the actions it took in response to the Ernergency.
In the event that the City becomes aware of an Emergency regarding a Registrant's
Equipment, the City may WILL -attempt to contact the Local Representative of each
Registrant affected, or potentially affected, by the Emergency. In any event, the City may
/ take whatever action it deems necessary in order to respond to the emergency, the cost of
which shall be borne by the Registrant whose Equipment occasioned the Emergency.
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Subd. 2.
Non-Emergencv Situations.
Except in the case of an Emergency, any Person who, without first having obtained the
necessary Permit, Obstructs or Evacuate a Right Elf Wayright-of-wav must subsequently
obtain a Permit, pay double the normal fee for said Permit, pay double all the other fees
required by City ordinance, including, but not limited to, criminal fmes and penalties,
deposit with the City the fees necessary to correct any damage to the Right sf Wayright-
of-way and comply with all of the requirements of this ArticldSINCE Tms -
ORDINANCE IS ONLY TO RECOVER OUR COSTS AND INSURE THE R-O-W IS
HANDLED PROPERLY. HOW LEGAL IS IT TO IMPOSE DOUBLE FEES?
Sec. 21.
SupplementarY Notification.
If the Obstruction or Evacuation of the Right Elf Wayright-of-wav begins later or ends
sooner than the date given on the Permit, Permittee shall notify the City of the accurate
information as soon as this information is known.
Sec. 22.
Revocation of Permits.
Subd. 1. Registrants hold Permits issued pursuant to this Code as a privilege and
not as a right. The City reserves its right, as provided herein and in accordance with
, / Minn. Stat. ~ 237.163, Subd. 4, to revoke any Right sf Wayright-of-wav Pel'Fl'litpermit,
without fee refund, in the event of a substantial breach of the terms and conditions of any
statute, ordinance, rule or regulation, or any condition of the Permit. A substantial breach
by Permittee shall include, but shall not be limited to, the following:
(a)
Permit;
(b)
/
The violation of any material provision of the RigHt of Wayright-of-wav
(c)
An evasion or attempt to evade any material provision of the Right-of-
Way Permit, or the perpetration or attempt to perpetrate any fraud or
deceit upon the City or its citizens;
Any material misrepresentation offact in the application for a Right-of-
Way Permit;
(d)
The failure to maintain the required bonds and/or insurance;
(e)
The failure to complete the work in a timely manner; or
(t)
The failure to correct a condition indicated on an order issued pursuant to
Section 19, Subd. 3.
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Subd. 2. If the City determines that the Permittee has committed a substantial
breach of a term or condition of any statute, ordinance, rule, regulation or any condition
of the Permit, the City shall rnake a written demand upon the Permittee to remedy such
violation. The dernand shall state that continued violations may be cause for revocation
of the Permit. Further, a substantial breach, as stated above, will allow the City, at the
City's discretion, to place additional or revised conditions on the Permit.
Subd. 3. Within tV/eat)' feW' (24) fleW's THREE BUSINESS DAYS of receiving
notification of the breach, Permittee shall contact the City with a plan, acceptable to the
City Inspector, for its correction. Permittee's failure to so contact the City Inspector, the
Permittee's failure to submit an acceptable f3lae;plan or the Permittee's failure to
reasonable implement the approved plan shall because for immediate revocation of the
Permit. Further, Permittee's failure to so contact the City Inspector, or the Permittee's
failure to 5HfJfRit B:Rsubmit an acceptable plan, or Permittee's failure to reasonably
implement the approved plan shall automatically place the Permittee on Probation for one
(1) full year.
Subd. 4. Frorn time to time, the City may establish a list of conditions of the Permit
which, if breached, will autornatically place the Permittee on Probation for one (1) full
year, such as, but not lirnited to, working out of the allotted tirne period or working on
Right ef Wayright-of-wav outside of the Permit,
j Subd. 5. If a Permittee, while on Probation, commits a breach as outlined above,
Permittee's Permit will automatically be revoked and Permittee will not be allowed
further permits for one (1) full year, except for Emergency repairs,
Subd. 6. If a permit is revoked, the Permittee shall also reimburse the City for the
City's reasonable costs, including Restoration costs and the costs of collection and
reasonable attorneys' fees incurred in connection with such revocation.
Sec. 23. Appeals.
Subd. 1.
A Person that:
(a) has been denied Registration
(b) has been denied a Right sf \Vayright-of-wav Permit;
(c) has had its PJght ef Wayright-of-wav Permit revoked; or
(d) believes that the fees imposed on the user by the City do not
conform to the requirements of law,
(E) believes that conditions imposed are arbitrarv or capricious
"-
) may have the denial, revocation, or fee imposition reviewed, upon written request, by the
City Council. The City Council shall act on a timely written request at its next regularly
19~
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scheduled meeting. A decision by the City Council affirmiRg tbe aeRial, revoeation, ar
fee iml'lasition IN Its DETERMINATION OF THE MA TIER must be in '.vriting aRa
supported by written findings establishing the reasonableness of the decision.
Subd. 2. Upon affirmation by the City Council of the denial, revocation, or fee
imposition, the Right sf Wayright-of-wav user shall have the right to have the matter
resolved by binding arbitration. Binding arbitration must be before an arbitrator agreed to
by both the City and the Person. If the parties cannot agree on an arbitrator, the matter
rnust be resolved by a three-person arbitration panel made up of one arbitrator selected by
the City, one arbitrator selected by the Person, and one arbitrator selected by the other
two arbitrators. The costs and fees of a single arbitrator shall be borne equally by the city
and the Person. In the event there is a thini arbiuatorARE THREE ARBITRATORS,
each party shall bear the expense of its own arbitrator and shall jointly and equally bear
with the other party the expense of the third arbitrator and of the arbitration.
Subd. 3. Each party to the arbitration shall pay its own costs, disbursements, and
attorney fees.
Sec. 24. Mapping Data.
Subd. 1. Except as provided in Subd. 2 of this Section, each Registrant shall
provide as a part of its Permit Applicant the following information:
" /
(a) Location and approximate depth of Applicant's mains, cables, conduits,
switches, and related equipment and facilities with the location based on:
(i) offsets from the property lines, distances from the centerline to the
public Right of \Va.yright-of-wav, and curb lines as determined by
the City. (THIS COULD REOUIRE EXTENSIVE SURVEY WORK WHICH
WOULD SUBST ANTIALL Y INCREASE THE COST AND THE LENGTH OF A
PROJECT)
(ii) Coordinates derived frorn the coordinates system being used by the
City or (YOU DO THIS FOR EACH POWER POLE?
(iii) Any other system agreed upon by the Applicant and the City.
(b) Type and size of the utility facility.
(c) Description showing above ground appurtenances.
(d)
A legend explaining symbols, characters, abbreviations, scale and other
data shown on the map; and
"
"
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(e)
Any facilities to be abandoned, if applicable, in conformance with Minn.
Stat. ~ 216D.04, Subd. 3.
"
The Applicant shall provide the City information Mapping Data shall be provided with
specificity and in the format requested by the City for inclusion in the mapping system
used by the City. If such format is different from what is currently utilized and
maintained by the Registration, the Registrant may provide such information in the
format that they currently are utilizing. The Permit application fee may include the cost
to convert the data furnished by the Applicant to a format currently in use by the City~:i
THIS COULD BE A HUGE COST FOR CONVERSION. ANY CHANGES IN THE-
CITY WOULD PROBABL Y HAVE TO BE UPDATED EACH YEAR AND A
RECURRING CONVERSION COST COULD BE OUITE HIGH
Subd. 2. Information regarding Equipment of Telecommunications Right sf
Wayright-of-way Users constructed or located prior to May 10, 1997, need only be
supplied in the form maintained, however, all Telecommunications Right sf Way right-
of-way Users must submit sorne type of documentary evidence regarding the location of
Equipment within the Rights-of-Way of the City.
Subd. 3. At the request of any Registrant, any information requested by the City,
which qualifies as a "trade-secret" under Minn. Stat. ~ 13.37 (b) shall be treated as trade
secret information as detailed therein. With respect to the provision of Mapping Data, the
City may consider unique circumstances from time to time required to obtain rnapping
Data.WHAT DOES THIS LAST SENTENCE MEAN?
Sec, 25.
Location of Equipment.
Subd. 1. Undergrounding. Unless otherwise permitted by an existing franchise or
Minnesota statue 216B.34, or unless existing above-ground ~quipment is repaired or
replaced, or unless infeasible OR FOR ECONOMIC CONSIDERATIONS. such as in
the provision of electric service at certain voltages, new construction, the installation of
new ~quipment, and the replacement of old ~quipment shall be done underground or
contained within buildings or other structures in conformity with applicable codes unless
otherwise agreed to by the City in writing, and such agreement is reflected in applicable
Permits.
Subd. 2. High Densitv Corridor. The City may assign specific high density
corridors within the Right of Way right-of-way or any particular segment therefore as
may be necessary for each type of equipment that is or, pursuant to current technology,
the City expects will someday be located within the Right of Wa-yRIGHT-OF- WAY,
Excavation, Obstruction, or other Permits issued by the city involving the installation or
replacement of Equipment may designate the proper corridor for the equipment at issue
and such Equipment must be located accordingly.
'.
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In the event the City desires to establish a high densityhigh-density corridor, it shall
include the elements required in Commission Rule 781.90200.
Any Registrant whose Equipment is located prior to enactment of this Article in the
Right Elf Way right-Of-way in a position at variance with the corridors established by the
City shall, no later than at the time of the next reconstruction or Bl(6a-":atisB of the area
where its Equipment is located, rnove that Equipment to its assigned position within the
Right ef WayRIGHT-OF-WA y, unless this requirement is waived by the City for good
cause shown, upon consideration of such factors as the remaining economic life of the
facilities, public safety, customer service needs and hardship to the Registrant.
/
Subd. 3. Nuisance. One year after the passage of this ordinance, any equipment
found in a Right ef Way right-of-way that has not been registered registered) DOES
THIS MEAN NOT LOCATED ON THE MAPPING DATA SUPPLIED TO THE
CITY?shall be deemed to be a nuisance. The City may exercise any remedies or rights it
has at law or in equity, including, but not limited to, abating the nuisance or talGRg
pElssessioa of the Bql:lipmeat and restoring the Right ef Way right-of-way to a useable
condition.
Subd. 4. Limitation of Space. To protect health, safety and welfare, the City shall
have the power to prohibit or limit the placement of new or additional Equipment within
the Right Elf Way right-of-way if there is insufficient space to accommodate all of the
, requests of Registrants or Persons to occupy and use the Right ef WayRIGHT-OF-WA Y.
/ In making such decisions, the City shall strive to the extent possible to accommodate all
existing and potential users of the Right of WayRIGHT-OF-W A Y, but shall be guided
primarily by considerations of the public interest, the public's needs for the particular
Service, the condition of the Right of WayRIGHT-OF- WAY, the time of year with
respect to essential utilities, the protection of existing Equipment in the Right sf
WayRlGHT-OF-WA Y, and future City plans for public improvements and development
projects which have been determined to be in the public interest.
See, 26.
Relocation of Equipment.
The Person must promptly and at its own expense, with due regard for seasonal working
conditions, permanently remove and relocate its Equipment and facilities in the Right of
Way right-of-way whenever the City requests such removal and relocation, and shall
restore the Right of Way right-of-way to the same condition it was in prior to said
removal or relocation. The City may take MAKE-_such requests in order to prevent
interference by the Company's Equipment or facilities with (i) a present or future City
use of the Right of Way right-of-way for a public project, (ii) the public health or safety;
(iii) tHe safety and eonyenieflee or tra.:el o'/er the Right of '.'.'ay.The City shall pay all
costs for moves not associated with substantial City proiects within the right-of-way
within the next six months.
Sec. 27. Pre-Excavation Equipment Location,
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In addition to complying with the requirements of Minn. Stat. ~ ~ 216D..OI-09 ("One
Call Excavation Notice Systern") before the start date of any Right af Way right-of-way
Excavation, each Registrant who has Equipment located in the area to be
E}[ea-vatedexcavated shall mark the horizontal and approximate vertical placement of all
said EquipmenUDO YOU WANT TO KNOW HOW HIGH EACH UTILITY POLE
IS?) Any Registrant whose Equipment is less than twenty (20) inches below a concrete
or asphalt surface shall notify and work closely with the Excavation contractor in an
effort to establish the exact location of its Equipment and the best procedures for
Excavation.
Sec. 28.
Damage to Other Equipment.
When the City does work in the Right sf Way right-of-way and finds it necessary to
m.aiBtaiR, support or move a Registrant's facilities to protect it, the City shall notify the
Local Representative as early as is reasonably possible. Should the Registrant fail to
resoond in a timelv rnanner to move or support the facility in question The costs
associated therewith with the City moving or supporting the facility will be billed to the
Registrant and must be paid within thirty (30) days from the date of billing.
Each Registrant shall be responsible for the cost of repairing any facilities in the Right of
Wayright-of-way which it or its facilities damages. Eaeh RegistraBt shall be respsRsi13le
, for the esst 8r reflairing aB)' aamage to the faeilities sf asother Registraa! effi:1sea auriRg
) the City's reSj3SRse to as EmergeRey oeeasioFled 13y the Registrant's faeilities.
Sec. 29.
Rig:lH of WayRight-of-way Vacation.
Subd. 1. If the City vacates a Right sf Wayright-of-way which contains the
facilities of a Registrant, the registrant's rights in the vacated right-of-way are governed
by Minnesota Rules 7819.3200.
Subd. 2. If the vacation requires the relocation of Registrant or Permittee
Equipment and: (a) if the vacation proceedings are initiated by the Registrant or
Permittee, the Registrant of Permittee must pay the relocation costs; or (b) if the vacation
proceedings are initiated by a Person or Persons other than the Registrant or Permittee,
such other Person or Persons rnust pay the relocation costs.
Sec. 30,
Indemnification and Liability.
Subd. 1. By reason of the acceptance ofa registration or the'grant ofa Right sf
Wayright-of-wav Permit, the City does not assume any liability: (a) for injuries to
Persons, damage to property, or loss of Service claims by parties other than the Registrant
or the City; or (b) for claims or penalties or any sort resulting from the installation,
presence, maintenance, or operation of Equipment by Registrants or activities of
, / Registrants.
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Subd. 2. By registering with the City, or by accepting a Permit under this
Ordinance, a Registrant or Permittee agrees to defend and indemnify the City in
accordance with the provisions of Minnesota Rules 7819.1250.
Sec. 31. Future Uses.
In placing any Equipment, or allowing it to be placed, in the Right ef Wa-yright-of-wav
the City is not liable for any damages caused thereby to any Registrant's Equipment
which is already in place. No Registrant is entitled to rely on the provisions of this
Article, and no special duty is created as to any Registrant. This Article is enacted to
protect the general health, welfare and safety of the public at large.(EXAMPLE: IF A
CITY TRUCK HITS A POLE. THE CITY SHOULD BE RESPONSIBLE)
Sec. 32.
Abandoned and Unusable Equioment.
Subd. 1. A Registrant who has determined to discontinue its operations with respect
to any Equiprnent in any Right of Wa-yright-of-wav. or segment or portion thereof, in the
City must either.
(a)
Provide information satisfactory to the City that the Registrant's
obligations for its Equipment in the Right ef Wa.yright-of-wav
Article have been lawfully assumed by another
under this
Registrant; or
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(b) Submit to the City a proposal and instruments for transferring
ownership of its Equipment to the City. If a Registrant proceeds
under this clause, the City may, at its option:
(1) purchase the Equipment, or
(2) require the Registrant, at its own expense, to remove it, or
(3) require the Registrant te flest aH aaElitieRal DOREI er an
inereased seRd ame1:lflt suffisieRt te reimbarse the City of
reasoRably antieipateEl sests to se iRsurred iR removiRg the
EquipmeRt.
Subd. 2. Equipment of a Registrant whieh fails t8 eemply with the flFeeeding
paragraph and whish, for twe (2) years, remaiRs 1:lRI:l5ea. which. for two (2) vears.
remains unused. shall be deemed to be abandoned. Abandoned Equipment is deemed to
be a nuisance. The City may exercise any remedies or rights it has at law or in equity,
including, but not limited to, (i) abating the nuisance, (ii) taking possession of the
Equipment and restoring it to a useable condition, (iii) requiring removal of the
Equipment by the Registrant or by the Registrant's surety; or (iv) exercising its rights
./ pursuant to the Performance and Restoration Bond.
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Subd. 3. Any Registrant who has unusable Equipment in any Right of Wayright-
of-way shall remove it from the Right of Wayright-of-wav during the next scheduled
Excavation, unless this requirement is waived by the City.
Sec. 33.
Reservation of Regulatorv and Police Powers.
The City by the granting of a Right sf W El1'right-of-wav Permit, or by registering, a
Person under this Article does not surrender or to any extent lose, waive, irnpair, or lessen
the lawful powers and rights, which it has now or may be hereafter vested in the City
under Construction and statutes of the State of Minnesota or the Charter of the City to
regulate the use of the Right of Wayright-of-wav by the Permittee; and the Pennittee by
its acceptance of a Right sf Wa-yright-of-wav Permit or of registration under those
ordinances agrees that all lawful powers and rights, regulatory power, or police power, or
otherwise as are or the same may be frorn time to time vested in or reserved to the City,
shall be in full force and effect and subject to the exercise thereof by the City at any time.
A Permittee or Registrant is deemed to acknowledge that its rights are subject to the
regulatory and police powers of the City to adopt and enforce general ordinances
necessary to the safety and welfare of the public deemed to agree to comply with all
applicable general laws and ordinances enacted by the City pursuant to such powers.
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Any conflict between the provisions of a registration or of a Right sf Wayright-of-wav
Permit and any other present or future exercise of the City's regulatory or police powers
shall be resolved in favor of the latter.
Sec. 34.
Severabilitv.
If any Section, subsection, sentence, clause, phrase, or portion of this Article is for any
reason held invalid or unconstitutional by any court or administrative agency of
competent jurisdiction, such portion shall be deemed a separate, distinct, and independent
provision and such holding shall not affect the validity of the remaining portions thereof.
If a regulatory body or a court of competent jurisdiction should determine by a final, non-
appealable order that any Permit, right or registration issued under this Article or any
portion of this Article is illegal or unenforceable, then any such Permit, right or
registration granted or deemed to exist thereunder shall be considered as a revocable
Permit with a mutual right in either party to terminate without cause upon giving sixty
(60) days written notice to the other. The requirements and conditions of such a
revocable Permit shall be the same requirements and conditions as set forth in the Permit,
right or registration, respectively, except for conditions relating to the term of the Permit
and the right of termination. If a Permit, right or registration shall be considered a
revocable permit as provided herein, the Permittee must acknowledge the authority of the
City Council to issue such revocable permit and the power to revoke it. Nothing in this
/ Article precludes the City from requiring a franchise agreement with the Applicant, as
allowed by law, in addition to requirements set forth herein.
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Sec. 35.
Non-Exclusive Remedv.
The remedies provided in this Article and other Articles in the City Code are not
exclusive or in lieu of other rights and remedies that the City may have at law or in
equity. The City is hereby authorized to seek legal and equitable relieffor actual or
threatened injury to the public Right sf V.~'right-of-wav, including damages to the
Rights-of-Way, whether or not caused by a violation of any of the provisions of this
Article or other provisions of the City.
Sec. 36.
Effective Date.
This ordinance shall become effective January 1,2000.
Adopted by the City Council on this
day of
,1999.
ATTEST:
CITY OF ANDOVER:
Victoria Volk, City Clerk
J.E. McKelvey, Mayor
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General comments: it would be extremely dangerous for city workers to attempt to move.
support or modify any electrical or gas facility within the city. This requires special
equipment and expertise to do so. The provision allowing the city to do this work should
reallv be deleted as a matter of personal safety to our employees and as a liability issue
for the City.
( WE NEED TO REVIEW THE FEE SCHEDULE. WHICH APPEARS TO BE VERY
HIGH AND RECOVERS MORE THAN JUST THE CITY COSTS)
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CITY OF ANDOVER
REQUEST FOR CITY COUNCIL ACTION
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DATE:
November 9. 1999
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ITEM No.4.
Approve Change Order #4/97-21
Andover Commercial Park (Phase II)
ORIGINATING DEPARTMENT
Scott Erickson~(
Engineering
AGENDA SECTION
Discussion Item
The City Council is requested to approve Change Order #4 for Andover Commercial Park
(Phase II) Site Grading, Project 97-2 with E & H Earth Movers.
This change order accounts for a portion of the additional work previously discussed with the
Council and EDA. The final contract cost is under the estimated project cost previously
discussed and approved by the City Council. (See attached memo dated May 20, 1999)
We are currently working on the back-up information for these items and will present them at
the City Council meeting.
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember
to adopt the following:
A RESOLUTION APPROVING CHANGE ORDER #~ TO PROJECT NO.
97-2, ANDOVER COMMERCIAL PARK (PHASE \I).
WHEREAS, the City of Andover has a contract for Project No. 97-2 with
E & H Earth Movers. Inc. of Lake Elmo. MN
NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to
hereby approve the change order to Project No. 97-2.
Adopted by the City Council of the City of Andover this
November, 1999.
9th
day of
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
Victoria Volk - City Clerk
9/"'Z.
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CITY OF ANDOVER
REQUEST FOR EDA ACTION
DATE:
May 20. 1999
ITEM NO.
5. Status of Andover Commercial
Park (Phase II) Site Grading/97-2
ORIGINATING DEPARTMENT
Scott Erickson, ~ ~
Engineering
AGENDA SECTION
Discussion Item
Over the last few months we have meet a number of times with our Andover Station grading
contractor, E&H Earthmovers, regarding the amount of work and costs associated with the
project. There are essentially two areas where the contractor has indicated that his costs
have exceeded the scope of the contract. The two areas being discussed are as follows:
1. Ability to Separate Debris: A much larger amount of debris was encountered and
removed then was originally anticipated in the original contract. Under the contract the
contractor was to separate the various types of debris he encountered. This would result in
separate piles of tires, wood, metal, concrete, bituminous, brick, et. The contractor had the
material excavated and removed to a landfill without separating the materials. He had
indicated that the separation process would have been to difficult with the way the material
was intermixed and had initially indicated that he would want to be paid for this work under
a Miscellaneous Debris item in the contract. This item was bid at $40 per cubic yard and
was not intended to be used for this amount or volume of work, Essentially it would result in
2-3 times the actual cost of the work performed. I did find it reasonable to recommend
payment of the contract for the actual cost to dispose of the material with appropriate
overhead and profit added, This resulted in change order #2 which is presented to the EDA
tonight.
2. Ability to Screen excess Sand from Excavated Material: The contractor has indicated
that the costs associated with screening the excavated debris material was much more
expensive then he had indicated and that the contract was not clear in this requirement. I
have discussed this process and the contract with a independent engineer and contractor
and have come to the conclusion that this item could be effectively argued from both our
side and the side of the contractor. Without going into lengthy detail if this issue were
mediated or litigated it would be difficult to theorize the out come. With this thought and a
lot of discussion we have evaluated the concept of determining what the actual cost has
been to perform the clean up work for this project. We have received all of the contractors
daily records of equipment and person hour breakdowns for the project along with a
complete list of his expense receipts for the project. We have applied standard equipment
rates and hourly charges to his records and have provided a reasonable determination of
what the work performed actually costs. If we adopt the Philosophy that we would pay for
the actual cost of the work performed the estimated project cost is as follows:
Amount of Work Completed per Invoices and
Time Records of Equipment and Employees:
(Does not include Overhead and Profit)
$869.821.40
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Overhead & Profit (Use 7.5% instead of the
typical 15%)
$65,236
Estimated Amount of Work Remaining:
ESTIMATED TOTAL PROJECT COST:
The estimated project cost to complete the project
using contract provisions is: $1,100,000
The estimated amount the contractor has indicated as $1,300,000
his project expense
Budgeted amount for the Andover Station grading is: $1,184,139
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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DATE: November 9. 1999
ITEM NO. S
Approve Final PaymenU97-21
Andover Commercial Park (Phase II)
ORIGINATING DEPARTMENT
Scott Erickson, ~(
Engineering
AGENDA SECTION
Discussion Item
The City Council is requested to approve the resolution accepting work and directing final
payment for Project 97-2, Andover Commercial Park (Phase II).
The final contract cost is under the estimated project cost previously discussed and authorized
by the EDA.
We are currently working on the back-up information for these items and will present them at
the City Council meeting.
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember
to adopt the following:
A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO
E & H EARTH MOVERS. INC. FOR PROJECT NO. 97-2 FOR THE
IMPROVEMENT OF ANDOVER COMMERCIAL PARK (PHASE II) .
WHEREAS, pursuant to a written contract signed with the City of Andover on
July 21. 1998, E & H Earth Movers. Inc, of Lake Elmo. MN ,has
satisfactorily completed the construction in accordance with such contract.
NOW THEREFORE, BE IT RESOLVED by the City Council of Andover,
Minnesota that the work completed is hereby accepted and approved; and
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BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby
directed to issue a proper order for the final payment, reimbursing the contractor's
receipt in full.
MOTION seconded by Councilmember
and adopted by the
City Council at a special meeting this 9th day of November ,19~, with
Councilmembers
voting in
favor of the resolution, and Councilmembers
voting
against, whereupon said resolution was passed.
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
Victoria Volk - City Clerk
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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DATE: November 9.1999
AGENDA SECTION
Discussion Item
ORIGINATING DEPARTMENT
ITEM NO. 0.
Approve Plans & Specs/98-11A1Jay Street Landscaping
Scott ~ricks.ond(
Englneenng
The City Council is requested to approve the resolution approving plans and specifications
and ordering advertisement for bids for Project 98-11A, Jay Street Landscaping.
Please note that we had previously bid this project and subsequently rejected bids due to the
high bids received and lack of bidders for the project.
We will bid this project in January, 2000, and hopefully receive favorable bids for the project.
, The street lights previously included with the landscaping project will be bid with Martin Street
. j in order to improve our bids for these projects.
The plans and specs are available in the Engineering Office for your review.
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Council member
to adopt the following:
A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 98-11A , FOR
JAY STREET LANDSCAPING.
WHEREAS, pursuant to Resolution No. 005-99, adopted by the EDA on
the 16th day of February ,19 99, TKDA has prepared final plans and
specifications for Project 98-11A for Jay Street Landscapinq.
WHEREAS, such final plans and specifications were presented to the City
Council for their review on the ~ day of November ,19~.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby approve the Final Plans and Specifications.
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BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby
direct the City Clerk to seek public bids as required by law, with such bids to be
opened at 10:30 a,m. Januarv 16 ,2000 at the Andover City
Hall.
MOTION seconded by Council member
and adopted by the
City Council at a special meeting this 9th day of November ,19~, with
Councilmembers
voting in
favor of the resolution, and Councilmembers
voting
against, whereupon said resolution was passed.
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
, / Victoria Volk - City Clerk
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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DATE: November 9.1999
AGENDA SECTION
Discussion Item
ORIGINATING DEPARTMENT
ITEM No.7.
Approve Plans & Specs/99-17/Martin Street
1
Scott Erickson,Qjl
Engineering ,
The City Council is requested to approve the resolution approving plans and specifications
and ordering advertisement for bids for Project 99-17, Andover Station/Martin Street.
The plans and specs are available in the Engineering Office for your review.
Please note that this project will be bid in January, 2000 to attempt to receive favorable bids.
Also, the street lighting for Jay Street NW will be included with the lighting portion of this
contract in order to provide economies and hopefully improve the bids we receive.
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Council member
to adopt the following:
A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 99-17 ,FOR
ANDOVER STATION/MARTIN STREET.
WHEREAS, pursuant to Resolution No. 005-99, adopted by the City
Council on the 30th day of March ,19 99, TKDA has prepared final plans
and specifications for Project 99-17 for Andover Station/Martin Street.
WHEREAS, such final plans and specifications were presented to the City
Council for their review on the -IDh... day of November ,19~.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby approve the Final Plans and Specifications.
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BE IT FURTHER RESOLVED by the EDA of the City of Andover to hereby direct
the City Clerk to seek public bids as required by law, with such bids to be opened
at 10:00 a.m. Januarv ,2000 at the Andover City Hall.
Adopted by the Andover Economic Development Authority Board of
Commissioners the 9th day of November, 1999.
CITY OF ANDOVER
ATTEST:
J,E. McKelvey - Mayor
Victoria Volk City Clerk
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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DATE: November 9.1999
ITEM NO. 6-
Approve Final PaymenU98-111
Jay Street
ORIGINATING DEPARTMENT
Scott Erickson1\
Engineering
AGENDA SECTION
Discussion Item
The City Council is requested to approve the resolution accepting work and directing final
payment for Project 98-11, Jay Street Reconstruction.
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember
to adopt the following:
A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO
Forest Lake Contractinq FOR PROJECT NO. 98-11 FOR THE
IMPROVEMENT OF Jay Street Reconstruction .
WHEREAS, pursuant to a written contract signed with the City of Andover on
September 15. 1998, Forest Lake Construction of Forest Lake.
MN ,has satisfactorily completed the construction in accordance with such
contract.
NOW THEREFORE, BE IT RESOLVED by the City Council of Andover,
Minnesota that the work completed is hereby accepted and approved; and
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BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby
directed to issue a proper order for the final payment, reimbursing the contractor's
receipt in full.
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MOTION seconded by Councilmember
and adopted by the
City Council at a special meeting this JillL day of November ,19~, with
Councilmembers
voting in
favor of the resolution, and Councilmembers
voting
against, whereupon said resolution was passed.
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
Victoria Volk - City Clerk
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NOV-05-1999 12:20
651 292 0083 P.02/09
TKDA
TOL TZ. KING, OUVALL. ANDERSON
AND ASSOCIATES. INCORPORATED
ENGINEERS. ARCHITECTS. PLANNERS
'500 PIPER JAFfRAY PlAZA
... CEDAR STREET
$AINT PAUL. MINNESOTA ~5'OI.2"O
PHONE;es,I292-44oo FAlt651I2n-OOS3
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.Comm. No. 11608
Cert. No. 4 Filkll
S1. Paul, MN,
November 4
, 19---22....
To
City of Andover. Minnesota
Owner
This Cenifies that
Forest Lake Contractinl!
, Contractor
For Jav Street Reconstruction
Is entitled to Thirtv One Thousand Seven Hundred Eie:htv Eieht and - - - - - 65/100 ...... ($
31 788.65
)
, 19-2.L
being 4th Pinal estimate for partial payment on contract with you dated
Seotember 15
Received payment in full of above Certificate.
CONTRACTOR
, 19
TOL TL, KING. DUVALL, ANDEJlSON AND ASSOCIATES, INC.
~~ERS
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Thomas D. Prew, P.E.
November 4, 1999
RECAPITULATION OF ACCOUNT
I. CONTRACT
PLUS EXTRAS PAYMENTS CREDITS
'::Dntract price plus extr:lS 357,640.50
All previous payments S 331,952.28
All previous credits
Extra No.
.. .. Change Order No. I 5,373.28
.. .. Compensating Change Order No.2 727.15
.. ..
.. ..
Credit No.
M ..
.. ..
.. .,
.. ..
AMOUNT OF THlS CERTIFICATE 31,788.65
Totals 363.740.93 363.740.93
Credit Balance
There will remain unpaid on contract after
payment of this Certificate 0.00
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1/ 363,740.93 363,740.93
An Equal Opportunity EmploY8f
NOV 05 '99 12:30
651 292 0083
PAGE. 02
NOV-e5-1999 12:20
6S 1 292 0083
P.03/03
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TOLTZ. KING. DUVALL, ANDERSON AND ASSOCIATES. INCORPORATED
Engineers-Architects-Planners Saint Paul. Minnesota 55101
PEJU:ODJ:CAL ESTIHA'rE POR PAR'l':rAL PA'l/MEN'l'S
Estimate No. 4 Final Period Ending November 4. 19-21 Page 1
Project Jay Street Reconstruction
Location City of Andover. Minnesota
Contractor Forest Lake Contractinq
of 1 Corom. No. 11608
Original Contract Amount
$ 357,640.50
Total Contract Work Completed S 358.367.65
Total Approved Credits $ 0.00
Total Approved Extra Work Completed S 5,373.28
Approved Extra Orders Amount Completed S 5.373.28
Total Amount E~rned This Estimate $ 363.740.93
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Less Approved Credi~s $ 0.00
Less 0 t Retained S 0.00
Less Previous Payments $ 331,952.28
Total Deductions $ 331,952.28
Amount Due This Estimate
$
31,788.65
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Eng1neer ~
Date
Date
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651 292 0083
PAGE. 03
CITY OF ANDOVER
REQUEST FOR CITY COUNCIL ACTION
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DATE:
November 9. 1999
ITEM NO. '1.
Approve Change Order #1 and Compensating
Change Order/98-11/Jay Street
ORIGINATING DEPARTMENT
Scott Erickson,o. (
Engineering
AGENDA SECTION
Discussion Item
The City Council is requested to approve Change Order #1 and Compensating Change Order
for Jay Street Reconstruction, Project 98-11 with Forest Lake Contracting.
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember
to adopt the following:
A RESOLUTION APPROVING CHANGE ORDER #-1- and COMPENSATING
CHANGE ORDER TO PROJECT NO. 98-11. JAY STREET
RECONSTRUCTION.
WHEREAS, the City of Andover has a contract for Project No, 98-11 with
Forest Lake Contractinq of Forest Lake. MN
NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to
hereby approve the change order to Project No. 98-11.
Adopted by the City Council of the City of Andover this
November ,1999.
9th day of
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
Victoria Volk - City Clerk
NOV-05-1999 12:20 651 292 0083 P.04/09
ESTlM,~TE NO.4 (Final>
JAY STREET RECONSTRUCTION
CITY PROJECT 98-11
) 198-118-01
l.... '( OF ANDOVER, MINNESOTA
COMMISSION NO. 11608
.. REVISED AS PER MNDOT
ITEM SPEC CONTRACT QUANTITY UNIT AMOUNT
NO. NO. ITEM UNIT QUANTITY TO DATE PRICE TO DATE
1 2021.501 MOBIUZATION LS 1.00 1.00 $ 16,000.00 $ 16.000.00
2 2104.501" REMOVE CONCRETE CURB & GUTTER M 45.00 45.00 S 8,00 S 360.00
3 2104.523" SALVE CB CASTING INST MH CASTING EA 1,00 1.00 $ 400.00 S 400.00
4 2104.523 SALVE HYDRANT & REINST HYDRANT EA 2.00 2.00 $ 1,000.00 $ 2,000.00
5 2104,604 RECLAIM BITUMINOUS PAVEMENT (P) ~ 5.330.00 5,843.93 S 1.50 $ 8.765.90
6 2105.501 COMMON EXCAVATION (P) M' 2,445.00 3,656.30 $ 4.00 $ 14.625.20
7 2105.521 GRAN BORROW FROM STOCKPILE (LV) M3 500.00 1,257.00 $ 7.00 $ 8,799.00
8 2105.525 TOPSOIL BORROW FROM STOCKPILE (LV) M3 1,180.00 751.60 $ 7.50 S 5,637.00
9 2123.501 COMMON LABORERS HR 40.00 47.50 $ 31.00 $ 1.472.50
10 2130.501 WATER FOR DUST CONTROL M' 100,00 22.70 $ 4.00 $ 90.80
11 2211.501 AGGREGATE BASE CLASS V T 3.825.00 2,9n.60 $ 7.00 S 20,843.20
12 2350.603 SAWED/SEALED JOINT M 620.00 590.00 $ 5.50 $ 3,245.00
13 2350.604 TYPE LV 4 WEARING COURSE 50 MM ~ 200.00 536,60 $ 10.00 $ 5,366.00
14 2350.609 TYPE LV 4 WEARING COURSE T 800.00 720.00 $ 31.00 S 22.320.00
15 2350.609 TYPE LV 3 NON-WEARING COURSE T 800.00 961.80 $ 31.00 $ 29,815.80
16 2357.502 BITUMINOUS MATERIAL FOR TACK COAT L 1.n5.00 851.70 $ 0.50 $ 425.85
17 2501.567 675 MM GS SAFETY APRON AND GRATE" EA 1.00 1.00 S 900.00 $ 900.00
4q 2503.511 150 MM PVC SDR 35 SAN SEW PL DEPTH M 56.00 56.00 $ 50.00 $ 2,800.00
, '. ) 2503.511 200 MM PVC SDR 35 SAN SEW PL DEPTH M 226.00 222.50 $ 32.00 $ 7,120.00
20 2503,511 200 MM DIP CL 50 SAN SEWER PL DEPTH M 6.00 6.00 $ 60,00 $ 360,00
21 2503,541 300 MM RC PIPE SEW DESIGN 3006 CL V M 87.00 87.40 S 85.00 $ 7,429.00
22 2503,541 375 MM RC PIPE SEW DESIGN 3006 CL V" M 136,00 140.39 $ 60,00 $ 8,423,40
23 2503.541 525 MM RC PIPE SEW DESIGN 3006 CL III M 63,00 63.40 $ 70.00 $ 4,438.00
24 2503.541 600 MM RC PIPE SEW DESIGN 3006 CL III M 32.00 32.60 $ 80.00 $ 2,608.00
25 2503.541 675 MM RC PIPE SEW DESIGN 3006 CL III .. M 15.00 16,00 $ 100,00 $ 1,600,00
26 2503,51'" 375 MM CS PIPE SEWER INCL BENDS" M 20.00 21.80 $ 75.00 $ 1,635,00
27 2503.511.. 675 MM CS PIPE SEWER" M 49.00 56.40 $ 80.00 $ 4,512,00
28 2503.603" 375 MM CS SLD DRAIN WI300 MM RISERS.. M 42.00 42.00 $ 200.00 $ 8,400,00
29 2504.602 150 MM GATE VALVE WITH BOX EA 1.00 1.00 $ 500.00 $ 500.00
30 2504,602 200 MM GATE VALVE WITH BOX EA 8,00 8.00 $ 650.00 $ 5,200.00
31 2504.602 250 MM GATE VALVE WITH BOX EA 1.00 1.00 $ 1,000.00 $ 1.000.00
32 2504.602 150 MM HYDRANT 2.6 M BURY EA 1.00 1.00 $ 1,700.00 $ 1,700.00
33 2504.602 1.5 M DIA WATER SERVICE MANHOLE EA 7.00 7,00 $ 2,000.00 $ 14,000.00
34 2504.602 50 MM CORPORATION STOP W/ SADDLE EA 7.00 7.00 $ 300.00 $ 2.100.00
35 2504.602 50 MM CURB STOP AND BOX EA 7.00 7.00 $ 150,00 $ 1,050,00
36 2504.602 CONNECT TO EXIST. WATERMAIN EA 3.00 3.00 $ 200.00 $ 600,00
37 2504,603 50 MM TYPE K COPPER SERVICE PIPE M 88.00 87.50 $ 40.00 $ 3,500.00
38 2504.603 150 MM DIP CL 52 WM PL DEPTH WI FTGS M 25.00 19.70 $ 55.00 $ 1.083.50
39 2504.603 200 MM DIP CL 52 WM PL DEPTH W/ FITGS M 113.00 113,00 $ 80,00 $ 9.040.00
40 2504.603 250 MM DIP CL 52 WM PL DEPTH W/ FTGS M 206.00 206,00 $ 80.00 $ 16,480.00
41 2506,502 CONSTRUCT CATCH BASIN DESIGN 401 EA 4.00 4.00 $ 1,400,00 $ 5,600.00
42 2506.502 CONSTRUCT CATCH BASIN DESIGN 405 EA 7.00 7.00 $ 1.400.00 S 9.800,00
43 2506.502 STORM SEW MANHOLE DES407 1.5 M DIA EA 1.00 1.00 $ 1.800.00 $ 1.800.00
..., 2506.602 150 MM SANITARY SEWER SERVICE RISER EA 3.00 3.00 $ 60,00 $ 180,00
',,_J 2506.602 SANI SEW MANHOLE DESIGN 301 PL DEPTH EA 2,00 2.00 $ 2,000.00 $ 4,000,00
46 2506.602 CONST 200 MM OUTSIDE DROP ON EX. MH EA 1.00 1.00 $ 8,000.00 $ B.OOO.OO
1 11608
NOV 05 '99 12:31 651 292 0083 PAGE. 04
NOV-05-1999 12:21 651 292 0083 P.05/09
ITEM SPEC CONTRACT QUANTITY UNIT AMOUNT
NO. NO. ITEM UNIT QUANTITY TO DATE PRICE TO DATE
47 2506.602 150 MM X 200 MM PVC WYE BRANCH EA 2.00 3.00 S 20.00 S 60.00
'I 2511.501 RANDOM RIPRAP CllII M3 8.00 $ 80.00 $
/
<+9 2531.501 CONCRETE CURB & GUTTER DES B624 M 700.00 703.00 $ 25.00 $ 17,575.00
50 2531.501 CONCRETE CURB & GUTTER DESIGN 8612 M 675.00 697.00 $ 21.00 $ 14.637.00
51 2531.507 . 200 MM CONCRETE DRIVEWAY PAVEMENT ~ 330.00 330.30 $ 40.00 $ 13.212.00
52 2545.521 100 MM RIGID STEEL CONDUIT (RSC) M 193.00 204.50 $ 60.00 $ 12.270.00
53 2545.523 SO MM NON-METALLIC CONDUIT (NMC) M 732.00 717.50 $ 18.00 $ 12,915.00
54 2545.551 JUNCTION BOX EA 6.00 6.00 $ 600.00 $ 3,600.00
55 2563.610" FLAG PERSON HR 40.00 $ 31.00 $
56 2564.604 STREET SIGNS INCLUDING POSTS M2 10.87 13.80 S 250.00 $ 3,450.00
57 2564.603" PVMT MARK100 MM SOUD WHITE PAINT M 295.00 724.00 $ 1.50 $ 1,086.00
58 2564.603"" PVMT MARK 100 MM SOLID YELLOW PAINT M 650.00 659.00 $ 1.50 $ 988.50
59 2564.603" PVMT MARK 100 MM SKIP WHITE PAINT M 470.00 624.00 $ 1.50 $ 936.00
60 2564.603" PVMT MARK 300 MM WHITE STOP 8AR PAINT M 26.00 22.60 $ 5.0Q $ 113.00
61 2564.602 PVMT MESSAGE lT ARROW PAINT EA 8.00 9.00 $ 60.00 $ 540.00
62 2564.602 PVMT MESSAGE RT ARROW PAINT EA 7.00 7.00 $ 60.00 $ 420.00
63 2564.602 PVMT MESSAGE THRU ARROW PAINT EA 4.00 4.00 S 60.00 $ 240.00
64 2573.501 8ALE CHECK AT CATCH BASIN EA 12.00 6.00 $ SO.OO $ 300.00
65 2575.505 SODDING TYPE 1 M2 3,000.00 $ 2.50 $
TOTAL PROJECT $ 358,367.65
,
/
/
2
11608
NOV 05 '99 12:31
651 292 0083
PAGE. 05
NOV-05-1999 12:21
651 292 0083
P,06/09
CHANGE ORDER
,
TOLTZ, KING, DUVALL, ANDERSON
AND ~SSOCIATES. INCORPORATED
Engineers-Architects-Planners
)
Saint Paul. MN November 4
19 99 Conun. No. 11608
Change Order No. 1
To Forest Lake Contracting
for Jay Street Reconstuction
for City of Andover. Minnesota
You are hereby directed to make the following change to your contract dated
September 15 . 19 98. The change and the work affected thereby is
subject to all contract stipulations and covenants. This Change Order will
(increase) lae~rca3e) (RSE ekaR~el the contract sum by Five Thousand Three
Hundred Seventy Three and 28/100($ 5.373.28).
CHANGE ORDER No. 1
Adjust Existing Gate Valve
Adjust Existing Manhole
Sod ?reparation
Replace Damaged Curb
?=epare Project for Winter
3 EA ~ $150.99
2 EA ~ $250.00
$ 450.00
$ 500.00
= $1.050.00
= $ 375.75
$2.997.53
NET CHlIN3E =
$
5,373.28
J
Amount of Original Contract
Addi tions approved to date (Nos.
Deductions approved to date (Nos.
Contract amount to date
l'.mount of this Change Order (Add)
Revised Contract lImount
$
S
S
$
S
$
357,640.50
0.00
0.00
357.640.50
5.373.28
363.013.78
Approved
City of Andover. MN
Owner
TOLTZ, KING. DUVALL. ANDERSON
AND ASSOCIATES. INCORPORATED
~~
Thomas D. Prew. P.E.
By
Approved Forest Lake Contracting
Contractor
White - Owner
pink - Contractor
Blue - TKDA
By
I
/
NOV 05 '99 12:31
651 292 0083
PAGE. 06
NOV-05-1999 12:21
651 292 0083
P.07/09
CH.:.NGE ORDER
'\
\ j
TOLTZ, KING. DWALL, ANDERSON
AND ASSOCIATES. INCORPORATED
Engineers-Architects-Planners
Saint Paul, MN November 4
19...ll... Comm. No. 11608
(Compensating)
Change Order No. 2
To Forese Lake Contracting
for Jay Street Reconstruction
for City of Andover. Minnesota
You are hereby directed to make the fOllowing change to your contract dated
September 15 , 1998. The change and the work affeceed thereby is
subject to all contract stipulaeions and covenants. This Change Order will
(increase) raeereasel (Rae eaaage) the contract sum by Seven Hundred Twenty
Seven and 15/100 ($ 727.15 ).
COMPENSATING CHANGE ORDER
This change order shows the aceua1 quancicies installed at the unit price bid
amounts (See attached itemization):
NET CHANGE =
727.15
,
Amount of Original Conttact
Addi tions approved to date (Nos. Change Order No.1)
Deductions approved to date (Nos.
Contract amount to dace
Amount of this Change Order (Add)
Revised Contract Amoune
$
$
$
S
S
S
357,640.50
5,373 .28
0.00
363.013.78
727.15
363.740.93
\ /
Approved City of Andover. MN
TOLTZ. KING. DUVALL. ANDERSON
Owner AND ASSOCIATES. INCORPORATED
~y Th~~~
By
Approved Forest Lake Contracting
Contracl:or
White - Owner
pink - Contractor
Blue - TKDA
/
By
NOV 05 '99 12:32
651 292 0083
PAGE. 07
NOV-05-1999 12:22
651 292 0083 P.08/09
COMPENSATING CHANGE ORDER NO.2
JAY STREET RECONSTRUCTION
CI1Y PROJECT 98-11
S"'O 198-118-01
. \
, ,. OF ANDOVER, MINNESOTA
CCJMMISSION NO. 11608
.. REVISED AS PER MNDOT
ITEM SPEC
NO. NO.
ITEM
CONTRACT QUANTITY UNIT
UNIT QUANTITY TO DATE DIFFERENCE PRICE
NET
CHANGE
1 2021.501 MOBILIZATION LS 1.00 1.00 0.00 $ 16.000.00 $
2 2104.501" REMOVE CONCRETE CURB & GUTTER M 45.00 45.00 0.00 $ 8.00 $
3 2104.523" SALVE CB CASTING INST MH CASTING €A 1.00 1.00 0.00 $ 400.00 S
4 2104.523 SALVE HYDRANT & REINST HYDRANT €A 2.00 2.00 0.00 $ 1,000.00 $
5 2104.604 RECLAIM BITUMINOUS PAVEMENT (P) ~ 5.330.00 5.843.94 513.94 $ 1.50 S 770.90
6 2105.501 COMMON exCAVATION (P) M' 2.445.00 3.656.30 1211.30 $ 4.00 $ 4.845.20
7 2105.521 GRAN BORROW FROM STOCKPILE (LV) M' 500.00 1.257.00 757.00 $ 7.00 $ 5,299.00
8 2105.525 TOPSOIL BORROW FROM STOCKPILE (LV) M" 1.180.00 751.60 (428.40) $ 7.50 $ (3.213.00)
9 2123.501 COMMON LABORERS HR 40.00 47.50 7.50 $ 31.00 $ 232.50
10 2130.501 WATER FOR DUST CONTROL M3 100.00 22.70 (77.30) $ 4.00 $. (309.20)
11 2211.501 AGGREGATE BASE ClASS V T 3.825.00 2.977.60 (847.40) $ 7.00 $ (5.931.80)
12 235D.603 SAWEDISEALED JOINT M 620.00 590.00 (30.00) $ 5.50 $ (165.00)
13 2350.604 TYPE LV 4 WEARlNG COURSE SO MM M2 200.00 536.60 336.60 $ 10.00 $ 3.366.00
14 2350.809 TYPE LV 4 WEARING COURSE T 800.00 no.oo (80.00) $ 31.00 $ (2,480.00)
15 2350.609 TYPE LV 3 NON-WEARING COURSE T 800.00 961.80 161.80 $ 31.00 $ 5.015.80
16 2357.502 BITUMINOUS MATERIAl FOR TACK COAT L 1.775.00 851.70 (923.30) $ 0.50 $ (461.65)
17 2501.567 675 MM GS SAFElY APRON AND GRATE'" EA 1.00 1.00 0.00 S 900.00 $
18 2503.511 1 SO MM PVC SDR 35 SAN SEW PL DEPTH M 56.00 56.00 0.00 $ 50.00 $
19 2503.511 200 MM PVC SDR 35 SAN SEW PL DEPTH M 226.00 222.50 (3.50) $ 32.00 $ (112.00)
?" ,2503.511 200 MM DIP CL 50 SAN SewER PL DEPTH M 6.00 6.00 0.00 $ 60.00 $
2503.541 300 MM RC PIPE sew DESIGN 3008 CL V M 87.00 87.40 0.40 $ 85.00 $ 34.00
/
22' 2503.541 375 MM RC PIPE SEW DESIGN 3006 CL V.. M 136.00 140.39 4.39 $ 60.00 $ 263.40
23 2503.541 525 MM RC PIPE SEW DESIGN 3006 CL III M 63.00 63.40 0.40 $ 70.00 $ 28.00
24 2503.541 600 MM RC PIPE sew DESIGN 3006 CL III M 32.00 32.60 0.60 $ 80.00 $ 48.00
25 2503.541 675 MM RC PIPE SEW DESIGN 3006 CL III'. M 15.00 16.00 1.00 $ 100.00 $ 100.00
26 2503.511.' 375 MM CS PIPE SEWER INCL BENDS" M 20.00 21.80 1.80 $ 75.00 $ 135.00
27 2503.511" 675 MM CS PIPE SEWER .. M 49.00 56.40 7.40 $ 80.00 $ 592.00
28 2503.603" 375 MM CS SLD DRAIN WI300 MM RISERS" M 42.00 42.00 0.00 $ 200.00 $
29 2504.602 150 MM GATE VAJ...VE WITH BOX EA 1.00 1.00 0.00 $ 500.00 S
30 2504.602 200 MM GATE VALVE WITH BOX €A 8.00 8.00 0.00 S 650.00 $
31 2504.602 250 MM GATE VALVE WITH BOX €A 1.00 1.00 0.00 $ 1.000.00 $
32 2504.602 150 MM HYDRANT 2.6 M BURY €A 1.00 1.00 0.00 $ 1.700.00 S
33 2504.602 1.5 M DIA WATER SERVICE MANHOLE €A 7.00 7.00 0.00 $ 2,000.00 $
34 2504.602 50 MM CORPORATION STOP WI SADDLE €A 7.00 7.00 0.00 $ 300.00 $
35 2504.602 50 MM CURB STOP AND BOX €A 7.00 7.00 0.00 $ 150.00 $
36 2504.602 CONNECT TO EXIST. WATERMAlN €A 3.00 3.00 0.00 $ 200.00 $
37 2504.603 50 MM TYPE K COPPER SERVICE PIPE M 88.00 87.50 (0.50) $ 40.00 $ (20.00)
38 2504.603 150 MM DIP CL 52 WM PL OEPTH WI FTGS M 25.00 19.70 (5.30) $ 55.00 $ (291.50)
39 2504.603 200 MM DIP CL 52 WM PL DEPTH WI FITGS M 113.00 113.00 0.00 $ 80.00 $
40 2504.603 250 MM DIP CL 52 WM PL DEPTH WI FTGS M 206.00 206.00 0.00 $ 80.00 S
41 2506.502 CONSTRUCT CATCH BASIN DESIGN 401 EA 4.00 4.00 0.00 S 1.400.00 $
42 2506.502 CONSTRUCT CATCH BASIN DESIGN 405 EA 7.00 7.00 0.00 $ 1.400.00 $
43 2506.502 STORM SEW MANHOLE DES407 1.5 M DIA EA 1.00 1.00 0.00 $ 1,800.00 $
44 2506.602 150 MM SANITARY SEWER SERVICE RISER EA 3.00 3.00 0.00 S 60.00 $
45 2506.602 SANI SEW MANHOLE DESIGN 301 PL DEPTH EA 2.00 2.00 0.00 $ 2.000.00 $
46 2506.602 CONST 200 MM OUTSIDE DROP ON EX. MH EA 1.00 1.00 0.00 $ 8.000.00 $
,
,
/
11608
NOV 05 '99 12:32
651 292 0083
PAr,~.VlR
.-05-19'39 12:22 651 2920083 P.09/0':j
cC CONTRACT aUANTllY UNIT NET
,0. ITEM UNIT QUANTITY TO DATE DIFFERENCE PRICE CHANGE
I 2506.602 150 MM X 200 MM PVC WYE BRANCH EA 2.00 3.00 1.00 $ 20.00 $ 20.00
'q 25" .501 RANDOM RIPRAP CL 111 M" 8.00 (8.00) $ 80.00 $ (640.00)
, . _2531.501 CONCRETE CURB & GUTTER DES B624 M 700.00 703.00 3.00 $ 25.00 $ 75.00
50 2531.501 CONCRETE CURB & GUTTER DESIGN B612 M 675.00 697.00 22.00 $ 21.00 $ 462.00
51 2531.507 200 MM CONCRETE DRIVEWAV PAVEMENT M2 330.00 330.30 0.30 $ 40.00 $ 12.00
52 2545.521 100 MM RIGID STEEL CONDUIT (RSC) M 193.00 204.50 11.50 $ 60.00 $ 690.00
53 2545.523 50 MM NON-METALLIC CONDUIT (NMC) M 732.00 717.50 (14.50) S 18.00 S (261.00)
54 2545.551 JUNCTION BOX EA 6.00 6.00 0.00 $ 600.00 $
55 2563.610" FlAG PERSON HR 40.00 (40.00) $ 31.00 $ (1,240.00)
56 2564.604 STREET SIGNS INCLUDING POSTS ~ 10.87 13.80 2.93 $ 250.00 $ 732.50
57 2564.603" PVMT MARK100 MM SOUD WHI'T!: PAINT M 295.00 724.00 429.00 $ 1.50 $ 643.50
58 2564.603" PVMT MARK 100 MM SOUD YElLOW PAINT M 650.00 659.00 9.00 $ 1.50 $ 13.50
59 2564.603" PVMT MARK 100 MM SKIP WHITE PAINT M 470.00 624.00 154.00 S 1.50 $ 231.00
60 2564.603" PVMT MARK 300 MM WHITE STOP BAR PAINT M 26.00 22.60 (3.40) $ 5.00 S (17.00)
61 2564.602 PVMT MESSAGE LT ARROW PAINT EA 8.00 9.00 1.00 $ 60.00 $ 60.00
62 2564.602 PVMT MESSAGE AT AAROW PAINT EA 7.00 7.00 0.00 S 60.00 $
63 2564.602 PVMT MESSAGE THRU ARROW PAINT EA 4.00 4.00 0.00 $ 60.00 $
64 2573.501 BALE CHECK AT CATCH BASIN EA 12.00 6.00 (6.00) $ 50.00 $ (300.00)
65 2575.505 SODDING lYPE 1 ~ 3.000.00 (3000.00) S 2.50 $ (7.500.00)
TOTAL PROJECT 5727.15
/
"
)
2
11606
NoV 05 '99 12:32
651 292 0083
TOTAL P.09
PAGE. 09