HomeMy WebLinkAbout8C - Stonegate
CITY COUNCIL AGENDA REPORT
DATE: JANUARY 22,2001
AGENDA#: 8C
PREPARED BY: SUE MCDERMOTT, CITY ENGINEER
SUBJECT: CONSIDER APPROVAL OF A RESOLUTION APPROVING THE
CONTRACT FOR OVERSIZING OF STORM SEWER WITH
STONEGATE APARTMENTS, CITY PROJECT #00-34
DISCUSSION: HISTORY
On July 17, 2000, the City Council adopted Resolution 00-58 approving a
conditional use permit (CUP) to allow a multi-family dwelling on property
located at the southeast comer of Tower street and Toronto Avenue for
Affordable Housing Solutions, Inc. The CUP was approved with the
condition that the developer either (1) divert the run-off from the site to a
ponding and drainage area located at the comer of Toronto and Tower Streets
on the proposed US Post Office site or 2) construct a storm sewer line west
along the Tower Street right-of-way to the City's NURP pond located south of
Tower Street. Another condition of the CUP was that the developer agree to
pay the cost associated with either storm sewer option with the City paying an
oversizing cost not to exceed $35,200.00.
stonegate
On January 12, 2001, the Engineering Department approved final plans for
option (2) outlined above. As a condition of the CUP, the developer must also
enter into a development contract with the City for the construction of the
storm sewer improvements. A copy of the contract is attached to this report.
There is no platting associated with this contract.
CURRENT CIRCUMSTANCES
The plan attached to the contract shows the addition of catch basins at the
Tower/Toronto intersection. The storm sewer will then be extended to the
west under Tower Street and connected to an existing system located in the
right of way. The City will maintain the storm sewer upon completion.
The Engineering Department has reviewed the plans prepared by Rehder and
Associates, Inc. The Owner has obtained bids for the storm sewer installation
and street repair. The total cost for the work is $65,855.00. The total drainage
area contributing to the proposed system is 8.5 acres and the proposed
Stonegate Apartment area is 1.7 acres or 20% or the drainage area. Using this
cost split, the City portion of the plan would be the maximum as allowed by
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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the CUP of $35,200. Without this cap, the City's cost would have been
$52,684.
City Staff will inspect the construction to ensure the work is constructed to
City standards.
ISSUES
This project is unique as a CUP with a contract for oversizing. As such, the
contract, while based on the City's standard Development Contract, has been
e'dited and reviewed by the City Attorney to reflect the uniqueness of this
project.
Although the installation of the storm sewer will require patching of Tower
Street, staff feels that a complete overlay of the street is not necessary. After
the disturbed surface is replaced with an equal pavement section as the
existing, the contractor will be responsible for seal coating the full width of
Tower and the Toronto intersection in the vicinity of the excavation to
complete the street repair. The agreement does require the contractor to
guarantee his road repair work for two years.
FINANCIAL
IMPACT:
The City's portion of the storm sewer improvements in the amount of$35,200
will be financed through the Trunk Reserve fund.
ALTERNATIVES: The alternatives are as follows:
1. Adopt a resolution approving the Oversizing Contract with Affordable
Housing Solutions, LLC for the installation of storm sewer in Tower
Street.
2. Deny this resolution for a specific reason.
3. Table this item for a specific reason.
RECOMMENDED
MOTION: A motion and second to approve a resolution approving the Contract for
Oversizing of Storm Sewer for Stonegate Apartments with Affordable
Housing Solutions, LLC.
REVIEWED BY:
stonegatc
RESOLUTION Ol-XX
APPROVING OF THE CONTRACT FOR OVERSIXING
OF STORM SEWER FOR STONEGATE APARTMENTS,
CITY PROJECT #00-34
MOTION BY: SECOND BY:
WHEREAS, the City Council passed Resolution 00-58 granting a conditional use
permit for Affordable Housing, LLC to construct Stonegate
Apartments; and
WHEREAS, the Conditional Use Permit requires the Owner to construct a storm
sewer along Tower Street; and
WHEREAS, the City desires the Owner to oversize the construction of the storm
sewer so that the pipe is large enough to serve a drainage area of 8.5
acres; and
WHEREAS, The Conditional Use Permit requires the Owner to enter into a contract
for the construction of the storm sewer.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE
that the Contract for Oversizing of Storm Sewer for Stonegate Apartments is approved and the
Mayor and City Manager are authorized to execute said contract on behalf of the City.
BE IT FURTHER RESOLVED, that as part of this Contract City, the City's oversizing costs
are to be funded through the Trunk Reserve fund.
Passed and adopted on the 22nd day of January, 2000.
YES NO
Mader Mader
-
Ericson Ericson
-
Gundlach Gundlach -
Petersen Petersen
-
Zieska Zieska -
Frank Boyles
City Manager
City of Prior Lake
16200~ Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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CONTRACT FOR OVERSIZING OF STORM SEWER
STONEGA TE APARTMENTS, CITY PROJECT #00-34
This Contract is made this 22nd day of January, 2001 by and between the City of Prior
Lake (hereinafter "City"), a Minnesota Municipal Corporation, and Affordable Housing
Solutions, LLC, a Minnesota Limited Liability Corporation (hereinafter "Owner").
WITNESSETH:
WHEREAS, on July 17,2000, the City Council passed Resolution 00-58 approving the
Conditional Use Permit for Affordable Housing Solutions, Inc. subject to
conditions as outlined said resolution which is incorporated herein as
Exhibit A; and
WHEREAS, the Conditional Use Permit (paragraph 4.a.ii) reqmres the Owner to
construct a storm sewer along Tower Street; and
WHEREAS, the City desires Owner to oversize the construction of the storm sewer so
that the pipe is large enough to serve the total drainage area of 8.5 acres;
and
WHEREAS, upon completion, inspection and acceptance by the City, the storm sewer
constructed by Owner will become part of the municipal storm sewer
system.
NOW THEREFORE, based on the mutual promises and covenants set forth herein, the
sufficiency of which is not disputed, the City and Owner agree as follows:
I) Purpose. The purpose of this Contract is to set out the understanding
between the City and Owner with respect to the construction of a storm sewer
(hereinafter "Improvement") on Owner's property and the public right-of-way.
This Contract describes the Owner's responsibilities with respect to the method of
construction, the City's requirements pertaining to size and location of the
Improvement, inspection of the Improvement by the City, as-built drawings, hold
harmless and indemnification and City reimbursement to Owner for the cost to
oversize the Improvement.
2) Recitals. The Recitals set forth above are incorporated herein as if fully set
forth herein.
3) Contract Documents. This Contract consists of the following documents,
each of which is specifically incorporated herein by reference as if fully set forth
or attached (collectively referred to as "Contract Documents").
a. This Contract including Exhibits A, B, C, D, E, and F.
b. Site Survey dated December 15, 1999, prepared by Rehder & Associates,
Inc.
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c: Plans (Exhibit C) and Specifications dated January 12, 2001, prepared by
Rehder & Associates, Inc.
d. City Public Works Design Manual
4) Location. The Improvement will be constructed in the right-of-way as shown
, on the Exhibit C.
5) Oversizing. The Owner and City agree that the Improvement should be
oversized for the benefit of the entire 8.5 acre drainage area in which the property
shown on Exhibit B (Boundary and Topographic Survey for Stonegate
Apartments dated December 19, 1999) is located. Oversizing is the construction
of an Improvement to City specifications that exceeds the size of an improvement
that would otherwise be required by the Owner. The City and Owner agree that
the cost to oversize the storm sewer is $35,200.00 based on a cost estimate as
determined by (1) bids provided by the Owner to the City (Exhibit D), (2) the City
Engineer using the City's Assessment policy based on a final engineering
drawing, and (3) an amount not to exceed $35,200 as approved by Council
(Exhibit A).' The calculation of the cost to oversize the Improvement is attached
as Exhibit E. The pty shall reimburse the Owner for the cost of oversizing
within thirty (30) days of acceptance of the Improvement by the City Engineer. If
the City Engineer determines additional work as a result of oversizing is required
and provides written authorization to the Owner to proceed with said additional
wor~ the City shall reimburse the Owner for the costs associated with the
additional work.
6) Irrevocable Letter of Credit. As required by Exhibit A, Condition 4.f., an
Irrevocable Letter of Credit (ILOC) is required if the Owner applies for a building
permit prior to construction of the Improvement. The ILOC must be in an amount
equal to 125% of the estimated cost of the storm sewer improvements. The ILOC
("Security") shall be in the form .attached hereto as Exhibit F, from a bank
authorized to do business in Minnesota and that has an office in the Minneapolis -
Saint Paul Metropolitan area for $38,320.00 (Improvement cost of $30,655.00 X
1.25). The ILOC shall be for a term ending December 31,2001. The ILOC will
be released upon receipt of the warranty bond described in paragraph 10 of this
contract. The city may draw down the ILOC, without notice, for any violation of
the terms of this Contract or if the ILOC is allowed to lapse prior to the end of the
required term. If the required Improvements are not completed at least thirty (30)
days prior to the expiration of the ILOC, the City may also draw down the ILOC.
If the Security is drawn down, the proceeds shall be used to cure the default.
7) Construction of Improvement. The Improvement shall be installed in
accordance with the City Public Works Design Manual and any other applicable
City ordinances. The Owner shall construct the Improvement in accordance with
the Contract Documents submitted to and approved by the City. Construction of
the Improvement shall not commence until May 15, 2001. Construction of the
Improvement shall be completed within three weeks of the commencement and in
no instance shall extend past September 15,2001.
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8) As-builts. Upon completion of the Improvement and inspection thereof and
prior to acceptance by the City or issuance of a Final Certificate of Occupancy fOT
the Property, the Owner shall provide a compete set of as-built elevations in 2
form prescribed by and acceptable to the City Engineer.
9) License. The Owner hereby grants the City, its agents, employees, officers
and contractors a non-revocable license to enter onto Owner's Property :,:.
perform all work and inspections deemed appropriate by the City in connectio::
with the construction and maintenance of the Improvement.
10) Warranty. The Owner warrants the Improvement against poor material and
faulty workmanship. The warranty period shall commence on the date the Crry
Engineer issues written acceptance of the Improvement. The warranty period t-:or
the Improvement is two (2) years. Upon completion of the Improvement and
prior to the City's issuance of a final Certificate of Occupancy for the Propert:,-_
the Owner shall provide the City with a warranty or maintenance bond, in a for:::;:::
acceptable to the City -Engineer, in the amount of $38,320.00, which numb..:::-
represents one hundred twenty-five percent (125%) of the cost of the
Improvement. The warranty or maintenance bond shall remain in effect duri,,2'
the warranty period.
11) Prompt Payment to Subcontractors Required. The provisions of Minneso',~
Statute Section 471.425, Subd. 4a, attached as Exhibit G are incorporated b:.-
reference as if fully set forth herein.
12) Indemnification. Owner shall indemnify, defend, and hold the City, ~.s
Council, agents, employees, attorneys and representatives harmless against and ~. .
respect of any and all claims, demands, actions, suites, proceedings, liens, losses...
costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies..
including interest, penalties, and attorney's fees, that the City incurs or suffer;:;
which arise out of, result from or relate to the Improvement and this Contract.
13) Street Maintenance. Owner shall be responsible for all street maintenance until
final written acceptance by the City of the Improvement. Warning signs and
detour signs, if determined to be necessary by the City Engineer, shall be place.::
when hazards develop in streets to prevent the public from traveling on same an:::
directing attention to detours. If and when streets become impassable, sue::
streets shall be barricaded and closed. For the purpose of this paragraph, "stre:e:
maintenance" does not include snow plowing or normal sweeping.
14) Third Party Recourse.
under this Contract.
Third parties shall have no recourse against the C~-
15) Validity. If any portion, section, subsection, sentence, clause, paragraph, C'I'
phase (collectively "Provisions") of this Contract is for any reason held invalid by
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a court of competent jurisdiction, such decision shall not affect the validity of the
remaining Provisions of this Contract.
16) Waiver. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this Contract. To be binding, amendments or
waivers shall be in writing, signed by the parties and approved by resolution of
the City Council. The City's failure to promptly take legal action to enforce this
Contract shall not be considered or constitute a waiver or release of any legal or
equitable right of the City.
17) Recording. The Owner, at his/her sole expense, shall record this Contract
against the title to the property within ten (10) days of the City Council's approval
of the Contract. The Owner shall provide the City with a recorded copy of the
Contract.
18) Insurance. Owner, at its sole cost and expense, shall take out and maintain or
cause to be taken out and be maintained, until the expiration of the warranty
period on the Improvement, public liability and property damage insurance
covering personal injury, including death, and claims for property damage which
may arise out of Owner's work or the work of its subcontractors or by one
directly or indirectly employed by any of them. Limits for bodily injury and
death shall not be less than $1,000,000 for one person and $2,000,000 for each
occurrence; or a combination single policy of $1,000,000 or more. The City shall -,
be named as an additional insured on the policy, and the Owner shall file with the
City a Certificate of Insurance, evidencing coverage, prior to the City issuing a
Final Certificate of Occupancy. The certificate shall provide that the City must be
given (30) days advance written notice of the insurance providers intent to cancel
or not renew the insurance.
19) Assignment. The Owner may not assign this Contract without the prior written
approval of the City Council.
20) Interpretation. This Contract shall be interpreted in accordance with the
governed by the laws of the State of Minnesota. The words herein and hereof and
words of similar import, without reference to any particular section or
subdivision, refer to this Contract as a whole rather than to any particular section
or subdivision hereof. Titles in this Contract are inserted for convenience or
reference only and shall be disregarded in constructing or interpreting any of its
prOVISIons.
21) Entirety. This Contract shall be governed by the laws of the State of
Minnesota.
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CITY OF PRIOR LAKE
By:
Wesley M. Mader, Mayor
By:
Frank Boyles, City Manager
Reviewed for Form and Execution:
OWNERS(S):
By:
Suesan Lea Pace
City Attorney
By:
Its:
By:
Its:
STATE OF MINNESOTA)
)ss
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this day of
, 2001, by Wesley M. Mader and Frank Boyles, the Mayor and City Manager of
City of Prior Lake, a Minnesota municipal corporation, on its behalf.
Notary Public
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STATE OF MINNESOTA)
)ss
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this day of
,2001, by and , the
of , a corporation, on its behalf.
Notary Public
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EXHIBIT A
CONDITIONAL USE PERMIT
RESOLUTION 00-58
APPROVING A CONDITIONAL USE PERMIT TO ALLOW A MULTI-FAMILY DWELLING ON
PROPERTY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF TOWER
STREET AND TORONTO AVENUE FOR AFFORDABLE HOUSING SOLUTIONS, INC.
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
MOTION BY: PETERSEN
SECOND BY: GUNDLACH
the Prior Lake Planning Commission conducted public hearings on February 28,
2000, March 13, 2000, and March 27, 2000, to consider an application from
Affordable Housing Solutions Inc. for a Conditional Use Permit (CUP) to allow the
construction of a multi-family dwelling; and
Notice of the public hearing on said application for a CUP has been duly
published in accordance with the applicable Prior Lake Ordinances and State
Statute; and
the Planning Commission proceeded to hear all persons interested in this issue
and persons interested were afforded the opportunity to pre~ent their views and
objections related to the CUP for Affordable Housing Solutions Inc.; and
On April 17, 2000, the City Council reviewed the request and continued the item
to allow the applicant the opportunity to address four specific issues raised by the
City Council pertaining to the Conditional Use Permit application; and
the Planning Commission and City Council find the CUP for a 43 unit multi-family
dwelling located at the south east intersection of Tower Street and Toronto
Avenue for Affordable Housing Solutions Inc. is in harmony with existing
development in the area surrounding the project; and
the four issues raised by the City Council include 1) alternatives for storm water
run-off, 2) providing a sidewalk along Tower Street, 3} providing fencing along the
top of the retaining walls, and 4) redesigning the parking area to reduce left turns
in and out of the site onto Toronto Avenue; and
on June 5, 2000, the applicant addressed these issues to the satisfaction of the
City Council; and
WHEREAS, the Planning Commission and City Council find the proposed CUP is compatible
with the stated purposes and intent of the Zoning Ordinance as they relate to
conditionally permitted uses, and further, that the proposed CUP meets the
criteria for approval of CUP as contained in Section 1108 and Section 1102.703
(1) Multi-family Dwellings (Uses Permitted with a Conditional Use Permit of the
Zoning Ordinance).
11()~~gf~le}wJf<n~t~~~'g~-~rBfrcLake, Minnesota 55372-1714 / Ph. (612) 447-4230 / facef(612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY -COUNCIL OF PRIOR LAKE,
MINNESOTA:
1. The recitals setforth above are incorporate herein as if fully setforth.
2. The Conditional Use Permit applies to the following legally described property:
Lot 2, Block 3, Brooksville Center 1st Addition, according to the recorded plat thereof
on file and of record in the office of the County Recorded, Scott County, Minnesota,
except the westerly 80.00 feet thereof.
3. The City Council hereby adopts the following findings:
a) The use is consistent with and supportive of the goals and policies of the
Comprehensive Plan.
b) The use wifl not be detrimental to the health, safety, morals and general welfare of the
community as a whole.
c) The use is consistent with the intent and purpose of the Zoning Ordinance and the Use
District in which the Conditional Use is located.
The use will not have undue adverse impacts on governmental facilities, services, or
improvements which are either existing or proposed. _
The use subject to conditions as setforth herein, will not have undue adverse impacts
on the use and enjoyment of properties in close proximity to the conditional use.
The use subject to conditions as setforth herein is compatible with the general welfare,
public safety and neighborhood character.
4. The Conditional Use Permit is hereby approved subject to the following conditions
/ a) The developer agrees to manage the storm water run-off from the site by either one of
the following solutions:
i) Diverting the run.;,off to a ponding and drainage area on to a site located at the
corner of Toronto and Tower Streets that is the subject of a Purchase
Agreement between Neil Boderman and the United States Postal Service
("Post Office Property") the proposed post office site.
Constructing a storm sewer line west along Tower Street to the City's NURP
pond located south of Tower Street.
The developer agrees to pay the cost associated with (i) or (N) and agrees that
regardless of which option the applicant elects, the City's share of the improvement is
not to exceed $35,200.00.
d)
e)
f)
v
/c)
)I" d)
/e)
, ii)
b)
The developer must submit all necessary plans for the storm water improvements to
the City staff for approval.
All necessary easement documents related to storage of storm water drainage on the
Post Office property must be approved by the City Attorney.
The developer must enter into the City's standard development contract for the
installation of the necessary improvements prior to issuance of any type of permits.
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f) A grading permit must be issued and all storm water improvements on and off-site must
be completed prior to issuance of any building permit. In lieu of completion of this
work, the developer may submit an Irrevocable Letter of Credit, drawn on a Minnesota
bank, a LOC for 125% of the cost of improvements with the building permit. The
Irrevocable Letter of Credit is subject to the approval of the City Attorney. All work on
the storm water improvement must be completed prior to issuance of Certificate of
Occupancy.
g) Sidewalk must be installed along the property line on Tower Street.
h) A fence must be installed at the top of the retaining walls where height requirements
create a hazard to the use of the adjacent property to the east.
i) The parking lot must be redesigned to allow an entrance-only driveway from Tower
Street and an exit-only driveway onto Toronto Avenue.
j) Four additional shrubs must be planted in the bufferyard required along 170th Street.
k) An Irrigation Plan must be submitted.
/) The following issues in the engineering memo dated March 1, 2000 must be
addressed.
i) Provide a detailed traffic control plan to be implemented during utility
construction on Tower Street prior to utility construction.
ii) Show the location of the rock construction entrance on the plan.
m) Plans indicating hydrant locations and the 300'foot hydrant radius must be provided.
n) An Irrevocable Letter of Credit must be submitted for 125% of the landscaping costs,
tree preservation requirements. Estimates or bids must be submitted for the required
landscaping.
0) All tree replacement (89.25 caliper inches) must occur on the site with the landscaping
emphasis on the bufferyard on the east side (170th Street). The revised landscaping
plan must be approved by Planning Department staff. No Final Certificate of
Occupancy will be issued until the landscaping requirements are met. '
p) An Assent Form as shown on Exhibit A, agreeing to the conditions placed on the
approval of the Conditional Use Permit as required by the Zoning Ordinance, must be
signed by the applicant and all property owners.
q) The resolution approving the CUP must be recorded on all affected properties and
proof of such recording presented to the Planning Department.
5. The development of this site will occur according to the following schedule:
a) The Developer records the resolution approving the Conditional Use Permit with the
Scott County Recorder.
b) The Developer prepares plans and specifications addressing all the Engineering and
Planning issues for review and approval by City staff.
c) The City Council reviews the final plans and approves a Development Contract
outlining the required improvements.
d) The developer provides the City with an easement agreement ,executed by the
appropriate parties, as required pursuant to the Paragraphs 4(a) and 4(d).
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e) A grading permit is issued and all storm water improvements on and off-site must be
completed prior to issuance of a building permit. In lieu of completion of this work, the
developer may submit a LOC. for 125% of the cost of improvements with the building
permit.
f) A building permit is issued and construction begins.
g) All work is completed and the City issues a Certificate of Occupancy.
6. Based upon the Findings and Conditions set forth above, the City Council hereby grants a
Conditional Use Permit for Affordable Housing Solutions Inc. The contents of Planning Case
File #00-010 are hereby entered into and made a part of the public record and the record of
the decision for this case.
Passed and adopted this 17th day of July, 2000.
YES
Mader X Mader
Ericson X Ericson
Gundlach X Gundlach
Petersen X Petersen
Vacant Vacant
NO
{Seal}
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EXHIBIT "0"
TO
CONTRACT FOR OVERSIZING OF STORM SEWER
STONEGATE APARTMENTS, CITY PROJECT #00-34
A. CONSTRUCTION COSTS (see attached pages for detailed bids)
Storm sewer construction
Pavement repair
Seal coating
Subtotal
Oversizing costs
TOTAL
$50,200.00*
$14,655.00*
$ 1,000.00
$65,855.00
($35,200.00)
$30,655.00
G:\PROJECTS\2000\34STONE\CONTRACT.doc
7
From : SKARSTEN
~'2'15P
PHONE No. : 933 2839
Jan. 16 21301
4: 59PM ?2:
EXHIBIT D
......
L.ukeland Mechanical, Int':.
?6~~7BBl~"
p. 1
Lakeland
~
n~ 'l'o'\'cr Dl'in . ~1I!(I11111, \1~ 553~1I
BII~: i61'J.) J'7lo1.lilU.' · "'1\\: Ifill, .J7lj.tH1J
.,
Atll1; Hoh ::;k6irstc.n
Lancnster Mgnn Company
4108 Red Oak Ridg~
Minne\ol1k;!, MN 55345
1~ll0POSAL FOR: Tow~r Street Storm S.
Thank you for the opportunity to provide a 'luoto.tioJ'l on ..he above re-fc.renced pmjccl.
BASE DID FOR STOJtM SEWER....................................................... S5!t.2(}O 00
In dor-lflcaTicm of our bid .'iCOP!!.,. we ulfel' Ow jM/owing infoT71111(;cm:
. ,
Site Utililiu (per plan ..thee I cl, datod ll-J 6-00) tu Inc..Jude:
Sto,.,,, SeN'er per Unit Pricing
lea.
250 Lf
315 Lf
J 20 Lf
13 7 Lf
9c;a
1 LS
C(llU\ect to exisling
21t> RCP
18" Rep
lY!RCP
12" RCP
S~tuC'tures
Blacktop removal
800.00
11500.0U
11600.00
390n.OO
4JOO,OO
15200.00
3000.00
The toUowing items are e.Kc:ludr:d in this proposal:
SAC
WAC
Meh;n;i
Staking
Bond.
Surfucp. rell:toralion
Soil CQD'octlon OT Tests
We appreciate the opporlwut)' to present this proposal to you W'ltJ luok forward to
worktl\g with you on lhis project. When we can be of further service to you please
c,ontact us at 763-4'18.8122 or:fBx at 763..478-8124
Si1\te~l)'.
Lakelzmd Ml::",hnnical, loco
I i
I
I
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From SKRRSTEN
PHONE No, : 933 2839
Jan,162001 5:06PM P01
G. -2-' llU(WUIJ lS:1H
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"
EXHIBIT D
.'
. "'. . t',
~~t;'~,;~,;.?' ' ,', ", ',':.< .".,' ,','..i<"".'PR()P~S' .: ::, .'
~~~~':0~'~~';'~::'.":"""J~'J ~:'~;:-..",:...': .'......'-' 4:S70YALLf::rINt?U&T~IA~pl.YD,~..'" ,.,.:...'.... ", ...\;1.... AL....
:.;}:J<~,I-..,;J,I,'.';I'lt.:~,..(jJJA. '. '~.,. ',' fiH~~?r.~E;ftwlf\l~fi~79.,', , ., ' . ',' ".:... ,'. ',' ., .',.
'hr..;:"" 1/" I. . -: "", '. '; ," .:, ' " . ',' ";' "'. : .' ," ..:,'. : ',' ." " I, ',' ..' '..,,;.. ,: .';' .
,'.i::.'/:,),j.;f.,,;.:, j" 1"\"\"'!'I:\~\.'(,..f'''('.'l\''''':'::' 'TJOL.Dsa:4H-zlla; P'AX862."~bU " " PaGeN~._ I.':' "'~I' " "", ' ..'
~..:. \~..I"...1. ~: '..:..~~.t )~ I \' ~.: J"' :'.;]'...: i ",.... . .. .;.:.,...~....... -~~...~~.;...~!~._. O'a ;...,...:.,~ .1. -.:....~. :.: ...~-: .... ... ....._... .....~ ...~-::=:::- ~---:P,Qatt..
,,:'"~;~:.i~:'';.,''''' - .. ~ .... :r.- '-:-:-,. -,-': ,.,,,,,,,,=: ,~'~""~~"'-""""''''7"'''",,,--,,".~,,,,':Tj:~'':'-i:<~~'/:~.I'...:.=..'
-Jnrll" "~ '
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MET PATClU:\'G
TO AVE.
~ , ..... - PHON/.;.' IVUMBf!R . --------
p~OrOS/lL SlIl"'lltlld, 7" , '
LANUCAS'fER 386-6063
stXL/iT tN 5TJ\.1-1.J1 nON ~'JTJ!
41 O~ RED OAK RIDGE <;ITY OF P~oR LAKE. ST
on. ,)JA ." TOWER STREET & TORaN
(.O()t; --
'MINNETONKA. MN 5$)45 $;1' 'Nlfmbt:r 43275
,,-
AGENT PR()JEC2' t.'STlMlI. TOR
J30B SKARSTEN GARY CHRUSTENSON ,
-," -- ..
JOB PilONT: NUMBE:~ .
CITY STREET ASPHALT PATCHING AND CURB REPLACEMENT
Pcr Site PJan by; Rehder & Associ::Hes. draWing File: 16601~.DWG. Pinal to City 12/8/00,
Recieving the lJ'~Ilt.:h ~~rea flllod nush with class 5 aggregate base and compac~d to ttccepred city standard.
1.. GrL\dc, .shApe una cOTnp.:H;~ tht= class 5 base at 4" below finish grade,
2, Puye the area with a compac:tcd 2" asphnlr base course.
3. Tackcoat with hot liquid asphalt,
4. PuvCllhe anm whh l;l compacted 210 asphult wear course.
;I< All paving will use MnlDOT spec. hot asphalt mix.
COST 1-4
$10,1:55.00
S. Install upro)dml1toly 250 tineal' feCl of 13-618 concrete curb.
COST #S
$ 4.500.00
Abo"'t: costs do not include permit fees, resting, saw cutting or oilier ircms that Olily become ll~ccssm Y llS
mandated for work on city right..of.wa~.
-No hereby pro[>os~ to ful'"ish Illill"riall\lld label'. I:umpieu= ItlllcCClrdAlnct\ with Ilbove spccificiltlOOli. fol' tht sum of
doJI:m:
~'Z
,,'
..:ilh p"'ym~1'\1 1(1 b~ lnQde I\S &,ollows:
\11 mall/rinllJ BII~I'~lllcc:lllu ~e 11M .pecltlea. AU ....ork is 10 be completed illl\ \IIOl'lcmlll1likc
n;lnncr Q".:lrLlfns to sllu,d:!rd P"IIClict5, A It) ~1\J:fjl.[jpn Dr <.1"vi~ti(ln fCQIn $peciti,~til)n~
nV13Jvins CKlr';\ ..:psts ....illlx cll~"UIc<l upon \IInnen orders. nM will bo:(:o,"~ illl 11111';1
'Imrj:c "vcr ;&Ild ;lbo\'c: the animale, All lj;rCeIPc:nlJ (lOIlIQ'"1 liP';'" nrilcO$, a~.:ldoUI$ pr
Icl;l)'5 llcYlInd "ur cflnLral. Ownllf I" CIIlT)' fift, torlllldll Ilnd (Jlh", ncr.tIJllr) iUllrAII!:',
)ijl wC\r~O:fli ~rcl fUlly CQv,r,d b1 WClrlclll"n'~ CClmpaMaUon In&Llrl1l\(;'c.
Note::: Thi. J'lrOPQ5~ Ql11Y b" Wllhdr;''W11 vy
Ul if nOI acccpl15tl 'rlliI!lia lQ ~AY$.
ACCEPTANCE Of PROPOSAL
I
THM ABove prdCl!S, SPU:If'IC^ nONS ANI) CONDITtO:-.r. i\RE
SI\TISF...CTCRY AND ^MJi!tREBY ^CCllPTfO. YOU AIt~
Ap lJTHORlzeD TO COMrL.ETe T11IS CONTRAcr AS SPECIPIIiD.
"'YMEI'iT WILL BE ~A.PE AS OUTLlllll1D .
EXHIBIT "E"
TO
CONTRACT FOR OVERSIZING OF STORM SEWER
STONEGATE APARTMENTS, CITY PROJECT #00-34
A. OVERSIZING
A cost-sharing alternative commonly used throughout the industry is to share the
storm sewer costs on a percentage basis based on the drainage area. The total
drainage area is 8.5 acres and the proposed Stonegate Apartment is 1.7 acres or
20% of the drainage area. Using this cost split, the City portion would be 80% of
the cost of the Improvement:
80% x $65,855.00 = $52,684.20
This amount is in excess of the amount set by the Council in Resolution 00-58 which
is not to exceed $35,200.
The City's sh?re for oversizing is $35,200.00. The City shall not be responsible for
any cost in excess of $35,200.00.
G:\PROJECTS\2000\34STONE\CONTRACT.doc
8
If r
I
11,1
EXHIBIT "F"
SAMPLE IRREVOCABLE LETTER OF CREDIT
No.
Date:
TO: City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake, Minnesota 55372-1715
Dear Sir or Madam:
We hereby issue, for the account of (Name of Owner)
favor, our Irrevocable Letter of Credit in the amount of $
you by your draft drawn on sight on the undersigned bank.
and in your
, available to
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No.
t 20_, of (Name of Bank) ";
, dated
b) Be signed by the Mayor or City Manager of the City of Prior Lake.
c) Be presented for payment at
p.m. on November 30, 20_
(Address of Bank)
, on or before 4:00
This Irrevocable Letter of Credit shall automatically renew for successive one-
year terms unless, at least forty-five (45) days prior to the next annual renewal date
(which shall be November 30 of each year), the Bank delivers written notice to the
Prior Lake City Manager that it intends to modify the terms of, or cancel, this
Irrevocable Letter of Credit. Written notice is effective if sent by certified mail,
postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to
the next annual renewal date addressed as follows: Prior Lake City Manager, Prior
Lake City Hall, 16200 Eagle Creek Avenue, Prior Lake, Minnesota 55372-1714, and
is actually received by the City Manager at least forty-five (45) days prior to the
renewal date.
This Irrevocable Letter of Credit sets forth in full our understanding which shall
not in any way be modified, amended, amplified, or limited by reference to any
document, instrument, or agreement, whether or not referred to herein.
This Irrevocable Letter of Credit is not assignable. This is not a Notation Letter
of Credit. More than one draw may be made under this Irrevocable Letter of Credit.
This Irrevocable Letter of Credit shall be governed by the most recent revision
of the Uniform Customs and Practice for Documentary Credits, International Chamber
of Commerce Publication No. 400.
G:\PROJECTS\2000\34STONE\CONTRACT.doc
9
We hereby agree that a draft drawn under and in compliance with this Letter
of Credit shall be duly honored upon presentation.
BY:
Its
G:\PROJECTS\2000\34STONE\CONTRACT .doc
10
11
,
il
Irl
EXHIBIT G
471.425 PROMPT PAYMENT OF LOCAL GOVER~J.\tIENT BILLS.
Subdivision 1. Definitions. For the purposes of this section, the following terms have
_.themeaningshere,.giYen.them.._,,__,m _ "_ __,' _ ~ _h,. : ___'Hh__;___ _ _'.,h ____
(a) "Contract" means any wrinen legal document or documents signed by both parties
in which the tenns and conditions ~f any interest or other penalty for late paymentS are cIe31'-,
ly stated.
(b) "Date of receipt" means the completed delivery of the goods or services or the satis-
factory installation. assembly or specified portion thereof, or the receipt of the invoice for the
delivery of the goods or services, whichever is later. ,
(c) "Governing board" means the elected or appointed board of the municipality and
, includes, but is not limited to, city councils. town boards and county boards. ,
(d) "Municipality" means any home rule chaner or starutory city, county; town, school
district, political subdivision or agency of local government. "Municipality" means the met-
ropolitan councilor any board or agency created under chapter 473. '
Subd. 2. Payment required. A municipality must pay each vendor obligation accord-
ing to the terms of the contractor, if no contract terms apply, within the standard payment
period unless the municipality in good faith disputes the obligation: Standard payment peri.,.
od is defined as follows: ' , ,,' ,
(a) For municipalities who have governing boards which have regularly scheduled
meetings at least once a month, the standard payment period is defined as within 35 days of
the date of receipt.
(b) For municipalities whose governing boards do not regularly meet at least once a
month, the standard payment period is defined as 45 days after receipt of the goods or ser-
vices or the invoice for the goods or services, whichever is later. '
(c) For joint powers organizations organized under secnon 471.59, the standard pay- '
ment period is within 45 days of the date of receipt.
Subd. 3. Invoice errors. If an invoice is incorrect, defective or otherwise improper, the
municipality must notify the vendor within ten days of the date of receipt. Upon receiving a
corrected invoice from the vendor, the municipality must pay the obligation within the stan-
dard payment period defined in subdivision 2.
Subd. 4. Payment of interest on late payments required. (a) Except otherwise pro-
vided in this section. a municipality shall calculate and pay interest to a vendor if the munici-
pality bas not paid the obligation according to the tenns of the contract or, if no contract tenns
apply, within the standard payment period as defined in subdivision 2. The standard payment
period for a negotiated contract or agreement between a vendor and a municipality which
requires an audit by the municipality before acceptance and payment of the vendor's invoice
'shall not be begun until the completion of the audit by the municipality.
(b) The rate of interest calculated and paid by the municipality on the outstanding bal~
ance of the obligation not paid according to the terms of the contract or during the standard
payment period shall be 1-1/2 percent per month or pan of a month.
(c) No interest penalties may accrue against a purchaser who delays payment of a ven-
dor obligation due to a good faith dispute with the vendor regarding the fimess of the product
or service, contract compliance, or any defect, error or omission related thereto. If such delay
undertaken by the municipality is not in good faith, the vendor may recover costS and anor~
ney's fees., ' "
(d) The minimum monthly interest penalty payment that a muniCipality shall calculate
and pay a vendor for the unpaid balance for anyone overdue bill of $100 or more is $10. For
unpaid balances of1ess than $100. the municipality shall calculate and pay the actual interest
penalty due the vendor.
Subd. 4a. Prompt payment to subcontractors. Each contract of a muniCipality must
require the prime contractor to pay any subcontractor within ten days of the prime contrac-
tor's receipt of payment from the municipality for undisputed services provided by the sub-
contractor. The contract must require the prime contractOr to pay interest of 1-1/2 percent per
month or any part of a month to the subcontractor on any undiSputed amount not paid on time' "
to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance
of $100 or more is $10. For an unpaid balance of less than $100, the prime contractor shall
pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action
to collect interest penalties from a prime contractor must be awarded itS costs and disburse-
ments, including attomey's fees, incurred in bringing the action.
Subd. 5. Applicability. This section applies to' all goodS. leases and rents, and co~tracis
for services, construction. repair and remodeling. Purchases from or contractS for service
with a public utility as defined in section 216B.02 or a telephone company as defined in sec-
tion 237.01 that has on file with the public utilities commission an approved practice regard-
ing late fees are not subjecno this section.
History: 1985 c 136 s 5; 1995 c 31 s 1