HomeMy WebLinkAboutMarch 25, 1998
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TO:
FROM:
SUBJECT:
DATE:
THE MAYOR AND CITY COUNCI
FRANK BOYLES, CITY
MARCH 30,199
MARCH 25, 19
The City Council has scheduled a work session for Monday, March 30 commencing at
~ the Maintenance Center lunchroom. The agenda for this work session is
attached. Below is a brief overview of each agenda item. A light meal will be served
commencing at 5:00 p.m.
I. Review of Strategic Plan:
The Council deferred action on this item at the February workshop. The
Strategic Plan is an important document to the City staff since it directs the
vast majority of our work efforts. If the plan does not correspond with the
Council's vision then the staff will be accomplishing the wrong things.
I have asked staff members to review and update the Strategic Plan. Their
revisions are shown in legislative format. I will review the plan with the
Council at the work session to incorporate your revisions. The revised plan
would be placed upon the April 6, 1998 meeting agenda for formal approval.
II. Purchasing Policy.
Last year, the Council approved a purchasing policy. This is the first written
policy we have had. At the direction of the Council, this item was deferred to
the work session.
The attached policy has been updated in legislative format. Also attached are
three "form contracts" the City Attorney's office has prepared so we can
expedite the contracting process while saving costs.
It would be appropriate to review the policy this evening so that revisions
desired by the Council can be incorporated in the document. The revised
policy will be included in the April 6, 1998 agenda for final approval.
City Attorney Pace will be present to comment upon legal issues relating to
local government purchasing and this policy.
16200 ~I<lttNlo\6FJR.\MEM~~!OOWKro~~~w6tfel72-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
III. Review of Zoning Ordinance:
The City Council has conducted two work sessions on the Zoning Ordinance. The
Council may wish to complete its review of C-3 Specialty Business Use District
(page 1102/p56) through 1105.1000 (page 1105/pl0). Please bring your Zoning
Ordinance notebook to the work session.
H:\CMANAGER\MEM0\330WK.DOCKirsten Oden
PRIOR LAKE CITY COUNCIL
WORK SESSION
MONDAY, MARCH 30, 1998
MAINTENANCE CENTER
5:30 - 9:30 P.M.
I. REVIEW AND DISCUSS STRA TECIC PLAN ELEMENTS
A. MISSION STA TEMENT
B. VISION
C. VISION ELEMENTS
D. TACTICAL ACTION PLANS
II. REVIEW AND DISCUSS PURCHASINC POLICY
CUIDELlNES AND FORM CONTRACTS.
III. CONTINUE REVIEW OF ZONINC ORDINANCE.
i: \council\ works\ wks3 3 09 8. doc
PRIOR LAKE STRATEGIC PLAN
MISSION STATEMENT
Adopted February 3, 1997
Approved ApriL 1998
"The City of Prior Lake is committed to serving the common good
of its residents by promoting community values, environmentally
sensitive community development, robust business growth,
financial stability, public safety, and diverse recreational
.. "
opportunItIes.
I:ICOUNCIL IGEN ERA L\M [55 [ON. DOC
PRIOR LAKE STRATEGIC PLAN
THE VISION
Adopted February 5,1996
Approved April. 1998
At buildout the City of rior Lake will be balanced between residential, commercial and
business. Strong neig orhoods and homeowner associations will characterize most
;. developments, neigh orhoods will be connected by transportation amenities for
pedestrians and/or tor vehicles. Platting will be encouraged through lafgef Planned
Unit Developments 0 preserve natural features. While single family dwellings will be the
predominant housing type, townhomes (for empty nesters) and multifamily developments
on major arterials are expected. Annexation will be evaluated and a determination made
regarding land areas to incorporate within the city.
Neighborhood commercial centers will predominate, although a few community centers
will exist. Commercial development will be localized primarily to major arterial
intersections involving State Highway 13, County Road 42, County Road 44, County
Road 21, County Road 12, County Road 82 and 83. One regional center is expected at the
intersection of County Road 42 and 83.
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With respect to business, smaller lmsin0ss will be predeminant. the focus will be on
includin office, light industrial and light manufacturing. SmaJd. Office,
warehouse and industrial developments are expected along CR 21. One or more corporate
office parks are expected. Business concentrations are expected along State Highway 13,
CR 21 and CR17 and CR 42.
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Prior Lake is proud to be the home of the Shakopee Mdewakanton Dakota Community,
its tourist attractions and international network of businesses. The City seeks to work
cooperatively with the Dakota Community government toward mutually beneficial
objectives. The City emphasizes its historical roots as a small town resort area with a
downtown, and incorporates these historic facts in its development plans. Positive family,
individual and community values will be reinforced.
Service as provided by the City to the community will be characterized by quality. An
emphasis will be placed on maintenance and replacement of infrastructure with the
diversified tax base to support needed government services.
A twofold recreational system will be available. One is characterized as the recreation
industry created by the Mdewakanton Dakota Community. The second will consist of
Prior Lake, Spring Lake and numerous natural areas dedicated to the public to preserve
their natural features. These major areas will be augmented by community parks, play
I:\COUNCIL\GENERAL\STRA T2.DOC
fields, neighborhood parks and trails. These facilities will be programmed for recreation
directed toward all ages and interests.
The city will plan for and facilitate remodeling of areas requiring redevelopment along a
consistent theme as appropriate. Prior Lake's economy is not subject to downturns caused
by excessive reliance on one industry or another.
I:\COUNCIL\GENERAL\STRA T2.DOC
PRIOR LAKE STRATEGIC PLAN
VISION ELEMENTS
Adopted February 5, 1996
Approved April. 1998
1. Transportation
a) Work to achieve quick and convenient access between Prior Lake and the
metropolitan area, airport, and out-state Minnesota in a manner which is
coordinated with mass transit needs, e.g., construction of CSAH 21 to the
east and to the north to Shakopee Bypass and reconstruction of CSAH 42
west ofT.H. 13.
b) Maintain a transportation system which assures high volume roadways
throughout the community and provides access to residential
neighborhoods through collectors and local road systems.
c) Maintain optimum road conditions through regularized sealcoating,
sweeping, striping, reconstruction and upgrade.
d) Integrate planning and construction of road, trail and sidewalk systems.
2. Commercial/Industrial
a)
b)
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c)
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d)
3. Housin~
Reserve sufficient development acreage on major arterial roadways for
neighborhood, community and regional centers, and business park based
upon periodic market analysis.
Seek commercial industrial development which meets resident needs,
provides living wage employment opportunities, meets city aesthetic
standards, is consistent with mass transit objectives, an. .d has a positive bj
impact upon the city's tax base. _ \ ~ _ \ L eM 1'\A b "
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Install arrival moamneats and direotional signs at the major high'.vays for
eomm.ooity identity aRd so that amooities eaR be easily loeated. Promote
an awareness of arrival and location of~ity business~ c:; ,
Enforce construction practices which are consistent with the Minnesota
State Building Code.
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I:\COUNCIL\GENERAL\STRA T2.DOC
a)
In accordance with Metropolitan Council mandates, pursue the principles
and goals of the city's Livable Community Program.
b)
Provide zoning requirements which require complementary uses in
adjacent zones. _ () t M?VI. D)
M''AljjI L
Promote the platting of lafger;ianned unit developments to preserve
natural features and park land.
c)
~
d)
Enforce construction practices which are consistent with the Minnesota
State Building Code. ~ ~ ~ JO
4. Redevelopment
a) Promote the redevelopment of existing commercial areas including
Gateway, Downtown and Priordale which are consistent thematically, are
of top construction quality, meet long term market needs and are mutually
supportive.
b) Identify in advance the need for redevelopment of existing residential
and/or commercial/industrial structures and prepare a IOFlg raflge plan for
such action.
5. Public Services
a) Effectively deliver basic public services which preserve and protect the
community and its residents.
b) Explore techniques which assure cost effective, quality public services.
c) Systematically solicit public feed back on services through community
survey.
d) Plan for new City Hall/Police Services building.
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e) ement Practices.
6. Social Structure and Leadership
a) Cooperate with local organizations to conduct City wide annual events.
b) Identify and implement a plan for maintaining ongoing communication
between the community and the city organization.
I:\COUNCIL\GENE~<'il2'.1
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d)
Communicate the comprehensive plan components and its regular update
to the residents so that it will remain a living document and will receive
regular review update and publicity.
~ans of involving neighborhoods in city affairs.
e) Foster intergovernmental cooperation as a means of achieving elements of
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Fmanclal
a) Prepare annual operating budget which provides necessary services@ a
cost effective bftMs and at an acceptable taxing level.
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b) Complete five year capital improvement programs intended to match
construction and reconstruction needs with available revenues.
c) Provide the necessary financial resources for paying for city wide
infrastructure and its maintenance.
d) Evaluate the impact of government actions on revenue sources and
property tax levies to balance development speed and affordability.
Tourist /Recreation Industry and Dakota Community
a) Engage in joint efforts with Dakota Community and Tourist industry in
adjacent cities as appropriate.
b) Communicate the Comprehensive Plan to Dakota Community to identify
opportunities for collaboration.
c) Focus on government to government relationship between Shakopee
Mdewakanton Community and City of Prior Lake.
Community Recreation
a) Establish and implement construction and maintenance standards for
neighborhood parks, community parks and playfields.
b) Plan and construct a trail system which connects residential
neighborhoods, businesses and promotes pedestrian and non-motorized
vehicle safety near high volume roadways.
c) Complete park construction and maintenance in a timely fashion.
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I5C(oUNCIL\GEN~STRAT2.~
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d) Park and Recreation efforts are consistent with city comprehensive
planning, recreation industry objectives, and community needs.
10. Police
a) Promote proactive (Le., community policing concepts) rather than reactive
police services through regular preparation of a five year police strategic
plan.
b) Regularly assess the effectiveness of community policing efforts such as
Neighborhood Watch, DARE, School Liaison, and Dakota Community
Liaison.
e) PlaR :fer new builciil'lg needs aRd fi1'laReing.
11. Fire
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Promote prevention through prep lanning, community right-to-know,
education, fire inspection and fire code enforcement.
Evaluate the appropriateness ef eonstmeting how to acquire a satellite fire
station site.
Maintain strong volunteer fire department through ongoing recruitment,
training, equipment, acquisition and management.
Evaluate the cost/safety benefit of installing Opticon type control devices
on traffic signals at key intersections.
Identify the number, type and acquisition schedule for mobile equipment
needed to cost-effectively meet long range city firefighting needs.
I:\COUNCIL\GENERAL\STRA T2.DOC
THREE YEAR
TACTICAL ACTION PLANS
January , 1996
Approved April, 1998
TRANSPORTATION
Countv Road 21
The eonnection efCelmty Road 21 to 35'N on the east is underway. Beoause the
caIHl.eetion efCol:lflty Read 21 to the nClrtH SHOWS in the Ca1:lmy's 2010 TraflSfJortation
Plafl tHere is a high likeliHood that it tee '.'<,ill be o0fl'lJ31eted. As suoh, Cel:mty Road 21
will beeome tHe major artery tmough tHe OOmIn1:lIHty. Prior Lake ffi1:lst respond to this by
analyzing wl1icH stefls will take advantage Clf the additionaJ traffie from a B1:lsiness
perSfJeotive.
1. Work cooperatively with the County to complete CSAH 21 from CSAH 82 to CSAH
42 by the end of 1998.
. Proteotioen-'lert adjaoent areas whioh may be negatively influenoed by
eJctreme traffie.
. Proviae safe b1:lt limited aooess to this roaliway far neighbClrhClods.
. Minimize fl1:lblio safety enforoement burdens.
. Moti,.'ate the use of other r01:ltes for oodesirable traffio.
. Minimize eongestion and encourage pl:lblie transit afld related amenities.
. Preserve this road as a major poliee/fire eanneotion betY/eefl. north and south
Prior Lake.
. Designate this road as a major artery appropriately in the Comprehensive
Plaft.
2. M.nitor the progress and encourage completion ofCSAH 21 to the east (to 35W) and
t<t the north (Shakopee Bypass).
State Highwav 13
The 150 feet of right of , Nay is believed to be available for State Higb?vay 13 from somh
to nerth Prim Lake. There is a likelihood that the road '.'<,ill not be built to fol:H' lane in the
next 10 years beolIDse ef 0ll':ironmental imflact, neighborhood unrest and Metropolitan
Counoil eClnoems. The funetion of this right Clf '....<'ay ':lill be to carry traffie frem
develofling areas somH of Prior Lake ie High'.'.'ay 101 or any of the major east west
road'.vays ineluding 101, 42,21, 16, 12 and 494. The City should promote:
Cenduet meetings ta reoei'18 input OR Task Peree recommendations.
Timely safety impro'.'em.eats and ehannelization.
}.I.-Pflropriate signalization.
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I:\COUNCIL\GENERAL\S~ .T2.li(i@V"
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Restrieted sfleea OR this road'.':ay.
Side'.valks and trails whieh tie north to soath and east to 'Nest.
Public transit and ameaities.
1. Work with MnDOT to approye the Long Term Corridor study.
2. Work with Savage, MnDOT and the County to program improvement to the
Commerce, Boudin, TH 13 intersection.
3. Work with MnDOT, County, adjacent landowners, EDA and School District to
Program re-alignment of CSAH 23/TH 13 and Five Hawks intersection.
Countv Road 42
1. Work to assure completion of the four lane upgrade from Femdale to McKenna in
1998.
2. Work with County to assure appropriate priority and timing ofCSAH 42
improvements from McKenna to CSAH 17.
3. Encourage completion of the CSAH 42/CSAH 83 intersection to address traffic
volumes. ~. '
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Lake to the mbaRizing east and to the mral '::est. The CoUflty has programmed . .Q l_ .'. 1
improvements to Cel:UNy Road 42 to rolH." lane in 1'::0 segments: t\M. lIbol.... i o...c;V""l ~
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The initial road seetisFl '.vill be fOlU lane mral.
Prior Lake should:
. EFlOOl:lfage ee:et:im:1ea and timely road impro':ements.
. Promote restriotea but adeql:late ana saf.e aeoess to the roadways from
neighberhoeds via eolleetor streets.
. Feeus en the interseetions of County Read g3 and COl:lRty Road 42, Col:mty
road 21 and COl:lRty Road 42 as areas for busiFless oflflort1:lflities and as
primary pei:et:s ef entry requiriFlg sfleeial aemareation, safety and aeeess
~
. Enool:lfage/promote eOB:version of the read from mral to l:lfban parlGvay
consiste:et: '",it1:J. that '::m.eh has akeady been bl:lilt.
. Lighting may be eonsiderea along the leFlgt1:J. of this road',vay.
. An integrated aoeess will be Fleeded for its major interseetions.
~aneetar Streets aRd Neie:kharkaad System.s
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.^.n emphasis m1:lst be plaeed on assariRg that aJ'lpropriate tribHtaries exist '.'lhere the
neighborhood street system feeds eolleeter streets 'Nhioh in tam feed arterials. In eeneept
at least, aeeess to property shClbllc:l be flrovided by at least t\vo routes wherever flessible.
Pablie street standards should be refjuired fer all streets from a long term maintenanee
perspeoti'fe and to assure street longevity.
C91BIBereial
County Road 12 appears to be the major foeus, espeeially the interseotions ofCeunty
Road g3 and C01:H1ty Road 21. Hosflitality asers may relate ':fell to these V:/O
interseetions; partieularly at County Road g3 and COl:1nty Road 12. The downtown area
should be oonsidered as primarily a servioe eenter. Priordale area may rede'felop as
eemml:1nity eem.meroial.
CeneS1'lH<8.tifJl'l must focus upel'l:
COMMERCIAL
1. Market Saturation. Assure to the extent possible that land earmarked for
commercial, office and industrial is defensible from a market perspective. ~"ijr
'Nhen oonsidering the issu:e ef market saturation eonsider the Dakota
Community, the adjaoem oem.mumties, other regional oemefEi and their
experienoe, as 'l/ell as the popl:1lation migration trend.
Offioial oontrols ....'ill ha'.'e to be amended onoe the Comprehensive Plan is
adopted so it ean be implemented. -ro
2. The City ml:1st Demonstrate commitment and dedicatio.this vision
z.. . through each development petition and construction project. Otherwise the
objeotives will not be aehie'/ed.
3. The City will have to Exercise patience in land use decisions recognizing that
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the development fiaal preGuet will be consistent with tal) visi3ft that-tfre--'-
Council has articulated.
4. Address annexation issues.
5. Identify those areas/uses requiring City assistance and direetien for - I F-
development, as well as the tools which should be used for implementation.
Projeot oonsolidation and taJ( iFleremen-t finanoing shol:1ld eeRtiFH:le to be used
as 1\'/0 potential tools.
../(.!. /'~ . 6. Arrange to meet and discuss development issues with other communities who
~i.~~. have aheady experienced fu:::::: facing Prior Lake.
/.. ..., ~~nrr~t development patterns are exemplified by fue Wilds, Raspberry Ridge, Cardinal
I \\lRidge, and Knob Hill. They are likely to continue. A focus is needed on:
I:\C@UNCIL\GENERAL\STRAT2.JlOC
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1. Refinement of zoning and subdivision codes to provide effective implementation
tools and easy to administer controls.
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~~:~ I<t9~k ru'g "UP" mlPr tb.. rf<)RT~ -.",
Nuisance complaint enforcement should be undertaken so that public health problems
can be mitigated, and to encourage the maintenance of our neighborhoods. LOYI to
moderate iFleeme ofJportunities should Be idelltified eonsistellt '-'lith eFlco1:H'aging
ongeiFlg faeility maiFltenafloe aHd miFlimizing sElfviee deffiaHa im'fJaet upon the City.
Tevl'Imomes aHa eendemimums sheuld Be examined fer aH af.ltieipated iFlerease in the
eFl'lflty Flester market. .^.eoordiFlgly, Both shol:lld Be ineluded iFl the COFl'lflrehensive
Plcm. aHd ZeFliFlg Ordinanee.
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~ Promote planned unit developments. ilip . ~f I ",'" ..AleS which encourage the
consolidation of 1 <;) tracts of land and yield developments which respect and
preserve the existing physiography, and provide for multiple uses from business to
~. -- housin~l
~ Determine the desired mix ef single family tG multi-family recli)gnizing that this
determinatien will influence the final aevelepment density and socit)ec@m~mic
characteristics efthe @ity.
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REDEVELOPMENT
1. Examine the downtown area and propose a development plan and financing
mechanisms for revitalization of the area.
2. Adopt a new zoning ordinance which establishes the regulatory structure through
which redevelopment can take place.
3. Utilize new librarY construction and land owned by the City as a stimulant to
redevelopment. . J\ 1\ . I . \ 1).. j \ ( N\ ~,,'" '\ r d ~"",--\.c,.w"'-
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PUBLIC SERVICES
To assure adequate public services the following steps should be taken:
Fire Department
1. Recommend method for Investigate obtaining a parcel for development of the second
fire station in the northwe6kentral portion of the community.
The City Fleeds te examine the iFl'lflaet in fJefEiaooel, equipmellt and stmetl:1:res 'l.'hi.eh
the serviees delivered er not delivered BY the fire d0flartmellt 'Nill ha'le.
2. The City should anticipate the need for fire inspection especially if it diversifies its
tax base to include business and industry.
3, Equipment replacement and new equipment acquisition must continue to receive high
priority.
4. Review the City's/Dakota agreement to provide for preventive measures with
instructions such as built in sprinkling systems, etc.
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I:\COUNCIL\GENERAL\STRA T2.DOC
5. City ordinances should be reviewed which encourage preventive actions with respect
to multifamily structures such as the prohibition of BBQ's on decks, etc.
6. Ordinances should be deyeloped which discourage false alarms.
Parks Department l... . II s "-. 0 f\h... . & ~~ r hreiJi 'tJ), ~ fA{frl" L ~ r&<tv4
~ ,.. fA i I fIM\. '\lA.~V-~~ "f) A\... ~ lo' ~.\ v..4l'\. h II : . .
1. Develop a complete park and trail plan which identifies the targets tb be constructed
and funding sources therefore. ~\~ V'.j)"f'I'~~ tt, \-r""\3 ~k1 0'-- k\i\.. ~o\..."\)V-A. \" o~ ~ v.-eL c..")
Identify fuBding seurees v;-hi0h '.vill Jlrovide the final'leiBg fer JlfOJlerty aeE):1:1isitioB and l S r'\ t+ , ~ ;....[)
park improvemeBts. T l+ '3.
~. Acquire more cost effective equipment for maintaining City parks and trails.
~. Develep a Complete park redevelopment in accordance with the referendum.timeline.
~ Reduce liability exposure through regularized inspection and correction program for
existing and proposed park equipment.
(p. Maintain what we have to preserve its useful life and minimize hazards to users.
~ Acquire land needed for future 0oFlHIl1:Hlity parks.
'rP. Complete Lakefront Park Master Plan and aITal'lge funding seurce complete park
~ improvements.
Plan and Build New Communi Libr
I D Plan and construct second Athletic Field c?m~
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Police \-0 Q.A4 v-l.l. ~ i'DLLtL i ~~~ ,
.:\ddress spaee Beeds based l:lpOB safety, data flrivacy, general hygieB6 and effeetive
departmental eperation.
1. Continue a strong commitment to prevention; that is D.A.R.E., School Liaison
Officer, Cops Fast, etc. and Dakotah Community Liaison officer.
2. Identify those services which are lowest priority and those which are high priority so
there is an understanding of the type and level of service to be delivered given
funding constraints.
3. Work to include officers in the decision-making process.
4. 1m lement exam les the olice olden rule: Police others as ou would have others
police you.
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Public Works
1. Use community survey to assess community position on water treatment plant.
2. Evaluate the necessity of wells and add them before rather than after they are needed.
3. Determine the miles of streets to conduct annual overlay and associated costs which is
affordable to the community.
4. Evaluate the possibility of alternate service deliVeryrriyatized sno'.v Jllo',ying (aU or
some).
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I:\COUNCIL\GENERAL\STRA T2.DOC
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~ ~ 5. Consider Continue rental of specialized equipment for infrastructural
~ ~ improvements/maintenance rather than purchase where cost effectiveness can be
~. 11.. i shown.
~ ~ 6. Exam.ine the shertage ef personnel afld'or the most ~ffecti'le meaflS of aeeompliOOing
'is It pablie works responsibilities.
-C\ ~ 6. Consider im lementation of Best Mana ement P
" annually.
~ ~ -t 7. Participate with Planning in the development of Geographic Information Systems for
j ~ "'" im roved infrastructure mana ement and lannin . \ . L
~ ~>- z,. ~ _4<> ~/,-Mn><- I-'k.. O(f 'S.,w...r-f.~1rl,. rJt~
~ 0" Building to Ul!lJiWfIt~'h ~r~>lhIMtb', (lU)h~d~J~
~ .^~ddress eran:lfled ql:uHters afld its impact on '.'lerk oatput.
/. RecogFlize that the department ,,,,ill be asked Prepare to provide more assistance for ~~
homeowner type proiects: regardless of he using '/all:latien. For example for...finishing
basements, adding decks etc.
/ 3. Resflond to em litigious society BY assl:lring that all codes are follo'.yed. .i~ ~ ,J j \.>>-' .\) c.., r @
/ 2. Team with the Fire Department to investigate fire inspection programs. ~?~
I 5. Expect increases in persennel dl:le to the IH:lmber ef permits Being requested.
6. Reeegnize that it is essential that eOBlfll:lterization be iBlfllemented to faeilitate service
delivery and filing at the earliest pessible opportunity.
Take steps to simplify the permit issuance process for all proiects.
Implement City wide address files.
Enhance code education to encourage voluntary compliance. ~
area
'.
Planning
1. Space needs ml:lst be addressed in the short run.
2. :\n Assoeiate Planner will be needed '.'lithin eHe year, a ZoniHg .^..dministrater 'will be
needed '.'/ithin five years.
3. Haye mapping ceBlflleted by GIS in conjl:lTlction '.'/ith the County.
1. IBlfllement a DOS base comflater Retwork '.vhich '.vill enRaflce word proeessmg
capabilities.
1. Coordinate aerial photography with County for Planning database.
2. Update COFFlflreheBsi'le Plan, Complete new Zoning Ordinance and Subdivision
Codes and improve their administration. v,'~ r-~~ t d.~ I ~trUW ~ b~ ~ i)l.H ~
3. Conduct trainin ro ams for Cit em 10 e . on the new documents. ~ ovb
4. Regularize and document the application process and DRC operation for i
predictability and timeliness for the customer, and completeness ofrevie '\ I
5. Serve as staff su ort to the Economic Develo ment Authori for th 0 leti n of .1
its tactical plans.
6. Partici ate with Public Works in the develo ment of Geo
Systems for improved infrastructure management and planning.
lJNISTUT!@N
I:\COUNCIL\GENERAL\STRA T2.DOC
Implement a DOS eompblter network to squeeze the most Oblt of the City's personnel
iFl'l8stmeBt.
Redefine positions based l:lpOR the life eyde of the City. That is to say; inspeetions
feeus may ehan!;e from Flew dS'lelopment to rede';elopment aBd maiBtsFlanee o';er
#me-:
--t:"~xaJ.iliftc vvrn",ll s(;lVi\,;l;;::i o",t prioritiL,~d, wl~",h a.LG aeli\clcd by the City and who
~
\ ;h-Focus on providing buildiFlgs that are a City HalllPolice Building needed for an
/) effective municipal operation. as soon as they oan be afforded.
t 3. Deal with a unionized work environment and how to most cost effectively respond.
'7.. 4. Examine priyatization alternate service delivery in one department each year. ~
4 5. Attempt to take a long view of revenues and assemble to the extent possible those
I which are anticipated to be needed.
~ 6. Consider a Management InfermatioR Serviees Direetor, S~i~ty Director, and
Economic Development Director as the need for these important services which are
critical to our community.
~ 7. Work to retain'value(employees.
1 8. Work to assure cost effectiveness of Joint Management Information Services
Position. '"/ 0 '^ ~ .
'6 9. Com lete im lementation of Year 2000 -~ ~
\ 10. Prepare baseline data regarding service delivery costs in all departments.
11. Enhance openness of City government through cable television usage and other
l 0 media.
S8CIAL STRUCTURE AND LEADERSHIP
Leadership requires a goal toward which energies are directed. The visions which have
been discussed provide such a goal. An equally important consideration is the receipt of
feedback from the electorate. Focus in this vision includes:
1. Regularized resident surveying to obtain a barometer of City effectiveness so we can
redefine our tactical steps or visions to implement community priorities.
2. The Council needs to provide for effective objective identification and delegation of
responsibilities to City Commissions and Committees.
The mission statefRSRt re"l.blires redefinition and refinement.
3. The City needs to recognize and reinforce the contributions of neighborhoods,
individuals and civic organizations as the backbone of the community. ,/
4. The City should focus on a few specific overriding goals and see to their
implementation, rather than becoming scattered on a wide variety of issues.
5. The capital improvement program and budgets should reinforce the mission identified
herein.
6. A strategy should be established for incorporating community leadership in annual
City goal setting.
I:\COUNCIL\GENERAL\STRA T2.DOC
7. This document should be annually reviewed and publicized together with annual goals
and objectives, the budget and capital improvement programs.
I:\COUNCIL\GENERAL\STRA T2.DOC
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
Department Heads & Supervisors
Finance Department
City Purchasing Policy
Revised 2/19/98
c.fl~~
PURCHASE POLICY GUIDELINES
Minnesota Statutes 471.345 and Prior Lake City Code 1-6-5 set forth the laws regulating
purchasing in Minnesota Municipalities. Attached is an information document from the League
of Minnesota Cities regarding competitive bidding and statutory references. These guidelines are
intended to clarify and expand upon these legal requirements.
'.
There are nine basic thresholds of dollar amounts that have been established either by policy,
city code or statutory authority for the purpose of purchasing city goods and services. They are
identified as follows:
Blanket Purchases
Purchases of $50.00 or less may be made at the following vendors who have been issued a year-
long blanket purchase order whereby the purchase may be simply approved without a purchase
order. The receipt should be signed by the individual so that the when the invoice is received it
may be directed to the appropriate department for account code assignment.
The vendors with 1998 Blanket Purchase Orders are:
Bob's Personal Coffee
Bryan Rock
BT Office Products
C.H. Carpenter Lumber
Carlson Hardware
Coast to Coast Stores
County Market
Feed Rite Controls
Holiday Station Stores
Kraemer & Sons
Monnens Supply
Mueller & Sons
NAP A Parts Dept.
Prior Lake Aggregates
Prior Lake Carquest
Prior Lake Rental
Prior Prints
R&R Carpet Service
Shiely Company
Snyder Drug
Steve Tupy's Tire
Toll Company
Tri-County Beverage
Vem's Candy
~Y\"o&.
~.~~
Purchases Between $1000 - $5000 well '-.c...
Expenditures within this category Jil!l.~1A h" 5".M...lly preceded by a minimum of two quotes. <.." ~t;f
4f!lC:)C:; .lU"J b"" Jb.tu.~~.':'a .. L... 1~11J n.V.LU .. ":'udv.L~ aud ~11uu1.d b"" v~""\"';.L \' ""d Q;:) a. d\..pu.L LJ.u,,",ul. t'.Lu."",t~"",:, -
'1.11r8~., c;('u~vlul", ."''iU1H:;1UI:Jul. The purpose is to obtain the best price available subject to
established quality standards. The purchase order process is the same with the additional
requirement that a completed quote form (see attached) is to accompany the purchase order form.
~
Ai?
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
),
.
nd
Purchases appro d in the current year's operating budget shall be authorized by the
Department Head Via a purchase order. The required procedure is to complete a purchase order
prior to acquisition to insure accountability, provide amount verification and avoid any
misunderstanding with respect to cost between the vendor and the City.
Normally all purchase orders are to be completed before a requisition number is provided unless
reason can be demonstrated otherwise. The process involves the following chronological steps:
1. Complete the Purchase Order as to vendor, date, material description, unit price, total
department and account code.
2. Department Head authorizes by signature and sends to Accounting.
3. Purchase Order number assigned by Accounting Department.
4. Purchase order sent by originating department.
Field employees will be expected to plan and coordinate their acquisitions with their respective
supervisors and department heads to eliminate verbal P.O. numbers unless situations occur
where it would not be practical because of time constraints. There are four general exceptions to
the rule:
1. Routine items costing $50 or less that occur on a daily basis may continue to be
purchased under a blanket purchase order.
2. Service repairs on equipment and vehicles do not generally require a purchase order
unless price quotations are necessary.
3. Sand, rock, bituminous etc., because of quantity uncertainties, may be purchased
under a blanket purchase order number.
4. If an emergency situation should occur, acquisition may be followed up by a purchase
order.
When a verbal purchase order number is used, the following information is absolutely necessary:
1. Receipt/invoice of purchase.
2. Receipt/invoice must indicate description of purchase (parts # is not acceptable).
3. Receipt/invoice must indicate dollar amount.
4. Receipt/invoice must be signed.
5. Receipt/invoice must display Purchase Order number.
6. Salesman shall not be given verbal P.O. number.
7. All verbal purchase orders will be in completed form within one week or issuance.
Purchases $2500 and Above
City purchases approved within the current year's operating budget shall be authorized by the
Department Head via a purchase order. In addition, all such expenditures of $2500 or greater
must also be approved by the City Manager in the form of his signature upon the purchase order.
The required procedure is to complete a purchase order prior to acquisition to insure
accountability, provide amount verification and avoid any misunderstanding with respect to cost
between the vendor and the City.
H:\GENERALIPURCHASE.DOC
2
3/3/98
All purchase orders are to be completed before a requisition number is provided unless reason
can be demonstrated otherwise. The process involves the following chronological steps:
1. Complete the Purchase Order as to vendor, date, material description, unit price, total
department and account code.
2. Department Head authorizes by signature and sends to Accounting.
3. City Manager approval by signature on purchase order.
4. Purchase Order number assigned by Accounting Department.
5. Purchase Order sent by originating department.
Purchases Between $5,000 and $15.000
When there is more than one feasible source of supply for an item having a cost of five thousand
dollars ($5,000) or more, the City Manager [Department Head] shall request written price
quotations from at least two (2) sources and shall place the order at the lowest price quoted,
provided the items are of comparable quality. The quotes shall be submitted in written format or
completed on quote forms (attached) provided by the Finance Department.
Purchases of $15,000 or Less
The City Manager shall have the authority to make or let purchase contracts for routine service
equipment or supplies for which the cost does not exceed fifteen thousand dollars ($15,000). Prior
Lake Code 1-6-5 (E).
Purchases Between $15,000 - $25,000
Purchase contracts in excess of $15,000 must be approved by the City Council. The authorizing
resolution shall be attached to the signed purchase order. If the amount of the contract does not
exceed $25,000 then the contract may be made by obtaining two or more quotations or by direct
negotiations subject to Council approval.
Purchases Above $25.000
If the amount of the contract is estimated to exceed $25,000, and funds are appropriated within
the current operating budget, sealed bids shall be solicited by public notice at least 10 days
before scheduled bid opening following preparation of bid specifications as authorized by the
C.ity Council. The successful bid is to be awarded by the City Council to the lowest respons~le, h.t \
bIdder. (Minnesota Statutes 471.345) , 1 t. e.o S t rl'-' ~.J
1'~ r (('ea.. .
The basic proc~ss for competitive biddinp}s outlined bel?~ 1
" c.lokt o..~ \ Q.M,.~'C ~ t-,. ,C> '..
~~ PiB1Ulr8 El'~9iHBat:vfI:' fer fh~du('t... ",pn';~ilJ did:t:9a, :.KJ...diu5 dc~dpt~ul1 6r
~1311,...tl'''P l'.t:i.teria, if Q}".f}lieaeIG.
b to r~ · ~ Prepare a public notice for Prior Lake American.
,.. r" Tpublish 10 days in advance of bid opening.
, J... e · _\ ~ Analyze bids for conformance with specifications.
J e.,., T) ~~ Z Prepare bid tabulation.
/lrr'I"fIIV-' .,.,---. " Determine ifbid represents lowest responsible bidder.
~.,.. " Prepare a report for the City Council agenda and resolution recommending award of
lr~L J. \ ... bid.
~ ~ Execute contract with Mayor and City Manager signatures.
r~~If;~CJ
d f) d.J · ..y...... I ~ 6 F L l el S I
",,,,,\-~'(I," ,. 1. tt~
H:\GENERALIPURCHASE.DOC
3
3/3/98
Purchases Exceeding $100,000
The process is the same as above except the publication must be at least 21 days before bids are
publicly opened for improvement projects that are assessed under Minnesota Statute Chapter
429. Also the advertisement must be published at least once in the official newspaper and at least
once in the Construction Bulletin.
Contract Changes
A contract approved by the City Council for construction/professional services may only be
modified by a change order authorized in advance by the City Council. If additional work
becomes necessary due to special circumstances or conditions arise that could not be anticipated
it is important that both Staff and the City Council be kept appraised by the contractor/vendor of
the situation or request before any additional work is actually performed. In circumstances where
the public safety or health are in jeopardy, the Staff may approve work in advance of City
Council approval subject to approval by the City Manager of such work and notification to the
City Council that the work is being conducted under this emergency provision and the reason for
expediting the project. If the service contract is under the bid threshold of $25,000, then the
accompanying purchase order must be amended and countersigned by the City Manager.
Contract Documents
Construction Projects A standard contract (see attached contract form) shall be used for all city
public imorovement projects. The City Attorney will insert the appropriate information and will
review the necessary supporting contract documents as to form and compliance. The following
documents are typically required as part of the contract process:
1. Request for Proposals
2. Specifications
3. Plans and drawings
4. Bid bond
5. Performance bond
6. Payment bond
7. Insurance provisions;
a) Workers' compensation
b) Liability
c) Owners' protective
Professional Services A standard contract (see attached contract form) shall be used for
professional services i.e.. architectural. engineering. construction management etc. The City
Attorney will insert the appronriate information and will review the necessary supporting
contract documents as to form and compliance.
IJJ- Exceptions to Competitive Bidding
The following are some of the more common exceptions to the competitive bidding
requirements:
1. Contracts less than $25,000.00
RIGENERALIPURCHASE.DOC
4
3/3/98
2. Intergovernmental contracts
3. Noncompetitive supplies and equipment
4. Real estate purchases
5. Professional services including;
a) Architectural
b) Auditing
c) Engineering
d) Legal
e) Group insurance
Procedures for Verifying Receipt of Goods or Services for Payment
Each Department Head will review and approve all invoices pertaining to their department
purchases.
Upon completion of a purchase order, a purchase order number will be assigned from the
Finance Department. The white copy of the purchase order should be forwarded to the Vendor
and the yellow copy of the purchase order retained by the department for validation with the
invoice.
The Vendor should be instructed to send the invoice to the appropriate Department Personnel
(either Department Head for Supervisor). Make sure the Vendor is instructed to reference the
Purchase Order Number on the invoice. The Department Head or Supervisor acknowledges the
product or service received by initialing the invoice received from the Vendor. Attach the yellow
copy of the purchase order to the back of the invoice and submit it to the Finance Department for
payment processing.
Statements from Carquest, NAPA, Amoco Oil, Subway, County Market, i.e. on blanket purchase
orders will be reviewed by the Finance Department. Please turn in all invoices IMMEDIATELY
upon receipt.
1) Enter the Vendor's name, address, contact person, and phone number.
2) Enter the date the order was placed with the Vendor.
3) Enter the ship to address if different than 16200 Eagle Creek Avenue SE.
4) Enter the quantity of the item ordered.
5) Enter the description of the item ordered.
6) Enter the unit price of the item ordered.
7) Enter the total cost of the line item ordered (quantity times unit price).
8) Enter the words Sales Tax and the dollar amount for sales tax in the Total column.
Tax is calculated: total dollars times 6.5% (exclude freight and labor charges).
9) Enter shipping and handling charges if applicable.
10) Enter the grand total of all the charges in the Total column.
11) Enter the person's name ordering the product or service.
12) Enter the department accounting number and the accounting object code.
13) The Department Head's signature is required.
14) The City Manager's signature is required ifthe order is $2,500.00 or above.
15) If the check is to be returned to the person ordering the product or service, enter
"Return check to " and circle the return instructions.
16) If the item ordered is $500.00 or over and is an equipment asset, write the word "ASSET" here.
After the invoice is received, an asset number will be assigned to the item and an
H:\GENERALIPURCHASE.DOC
5
3/3/98
asset sticker with the number will be returned to be affIXed to the asset.
17) Request a purchase order number from the Finance Department before placing the
order with the Vendor.
18) If a line item is backordered, enter Bfa next to the line item on the white and yellow copy of the
purchase order. Submit the yellow copy of the purchase order with the invoice to the Finance
Department for payment. Copy the white purchase order on yellow paper and hold the
paperwork for the backordered item to be shipped. When the backordered item is shipped,
attached the invoice with the backordered item to the yellow copied purchase order and submit
the paperwork to the Finance Department for processing the payment.
H:\GENERALIPURCHASE.DOC
6
3/3/98
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made on the day of , 1998, between the City of
Prior Lake, Minnesota (hereinafter "City"), whose business address is 16200 Eagle Creek Ayenue S.E.,
Prior Lake, MN 55372-1714, and , a Minnesota corporation (hereinafter
"Consultant") whose business address is
PRELIMINARY STATEMENT
The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of
professional services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this agreement is
to set forth the terms and conditions for the provision of professional services
by Consultant for
hereinafter referred to as the "Work".
The City and Consultant agree as follows:
1. Scope of Work. The Consultant agrees to provide the following professional services III
connection with the Work. (If applicable incorporate Consultant's proposal as Exhibit A.)
2. Time for Performance of Services. The Consultant shall perform the services described in
Paragraph 1 (and Exhibit A) within the following timeframe:
3.
Compensation for Services. City agrees to pay the Consultant $
as described in Paragraph 1 (and Exhibit A).
for the services
A. Any changes in the scope of the work which may result in the compensation due the
Consultant shall require prior written approyal by an authorized representatiye of the City
or by the City Council. The City will not pay additional compensation for services that
do not have prior written authorization.
B. Special Consultants may be utilized by the Consultant when required by the complex or
specialized nature of the Project and when authorized in writing by the City.
C. City agrees to pay Consultant for extra services by the Consultant or Special Consultants
when authorized in writing by the City.
4. The City agrees to provide the Consultant with the complete information concerning the Scope
of the Work and to perform the following services:
A. Access to the Area. Depending on the nature of the Work, Consultant may from time
to time require access to public and priyate lands or property. As may be necessary the
City shall obtain access to and make all provisions for the Consultant to enter upon
60104.03
1
Genera I Prof. Services
public and private lands or property as required for the Consultant to perform such
services necessary to complete the Work.
B. Consideration of the Consultant's Work. The City shall give thorough consideration to
all reports, sketches, estimates, drawings, and other documents presented by the
Consultant, and shall inform the Consultant of all decisions required of City within a
reasonable time so as not to delay the work of the Consultant.
C. Standards. The City shall furnish the Consultant with a copy of any standard of criteria,
including but not limited to, design and construction standards they may require in the
preparation of the report for the Project.
D. Owner's Representative. A person shall be appointed to act as the City's representative
with respect to the work to be performed under this Agreement. He or she shall haye
complete authority to transmit instructions, receive information, interpret, and defme the
City's policy and decisions with respect to the services provided or materials, equipment,
elements and systems pertinent to the work covered by this Agreement.
5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, itemized b,ills
for professional services performed under Section 4 of this Agreement. Bills submitted shall'be
paid in the same manner as other claims made to the City.
A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall
indicate for each employee, his or her name, job title, the number of hours worked, rate
of pay for each employee, a computation of amounts due for each employee, and the
total amount due for each project task. Consultant shall verify all statement submitted
for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For
reimbursable expenses, if permitted in Exhibit A, the Consultant shall provide such
documentation as reasonably required by the City.
B. Abandoned or Suspended Work. If any work performed by the Consultant is abandoned
or suspended in whole or in part by the City, the Consultant shall be paid for any
services performed on account of it prior to receipt of written notice from the City of
such abandonment or suspension, all as shown on Exhibit A attached hereto and
incorporated herein by reference.
C. Payments for the Consultant's Reimbursable Costs. The Consultant shall be reimbursed
for the work of special consultants, as described in Section 3B, and for other items when
authorized in writing by the City. Such items shall include: transportation of principals
and employees on special trips to the Project or to other locations, materials and supplies,
and AutoCADD as required to expedite the work, and reproduction of reports.
7. Project Manager and Staffing. The Consultant has designated
and to serve on the Project. They shall be assisted by
other staff members as necessary to facilitate the completion of the Project in accordance with
the terms established herein. Consultant may not remoye or replace or
, from the Project without the approval of the City.
60104.03
2
General Prof. Services
8. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with
the standard of care in Scott County, Minnesota for professional services of the like kind..
9. Audit Disclosure. The Consultant shall allow the City or its duly authorized agents reasonable
access to such of the Consultant's books and records as are pertinent to all seryices provided
under this Agreement. Any reports, information, data, etc. given to, or prepared or assembled
by, the Consultant under this Agreement which the City requests to be kept confidential shall
not be made available to any individual or organization without the City's prior written approva1.
All finished or unfinished documents, data, studies, surveys, drawings, maps, models,
photographs, and reports prepared by the Consultant shall become the property of the City upon
termination of this Agreement, but Consultant may retain copies of such documents as records
of the services provided.
10. Term. The term of this Agreement shall be from through
, 19_, the date of signature by the parties notwithstanding. This
Agreement may be extended upon the written mutual consent of the parties for such additional
period as they deem appropriate, and upon the terms and conditions as herein stated.
11. Termination. This Agreement may be terminated by either party by seven (7) days' wri~ten
notice delivered to the other party at the address written above. Upon termination under this
provision if there is no fault of the Consultant, the Consultant shall be paid for services rendered
and reimbursable expenses until the effective date of termination. If however, the City
terminates the Agreement because of the Consultant has failed to perform in accordance with
this Agreement, no further payment shall be made to the Consultant, and the City may retain
another contractor to undertake or complete the work identified in Paragraph 1. If as a result,
the City incurs total costs for the work (including payments to both the present contractor and
a future contractor) which exceed a maximum Agreement amount, if any, specified under
Paragraph 3, then the Consultant shall be responsible for the difference between the cost actually
incurred and the Agreement amount.
12. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this
Agreement except as noted in the Scope of Work, without the express written consent of the
City. The Consultant shall pay any subcontractor involved in the performance of this Agreement
within the ten (10) days of the Consultant's receipt of payment by the City for undisputed
services provided by the subcontractor. If the Consultant fails within that time to pay the
subcontractor any undisputed amount for which the Consultant has received payment by the City ,
the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5
percent per month or any part of a month. 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
Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who
prevails in a civil action to collect interest penalties from the Consultant shall be awarded its
costs and disbursements, including attorney's fees, incurred in bringing the action.
13. Independent Consultant. At all times and for all purposes herein, the Consultant is an
independent contractor and not an employee of the City. No statement herein shall be construed
so as to find the Consultant an employee of the City.
14. Non-Discrimination. During the performance of this Agreement, the Consultant shall not
60104.03
3
General Prof. Services
discriminate against any employee or applicants for employment because of race, color, creed,
religion, national origin, sex, marital status, status with regard to public assistance, disability,
or age. The Consultant shall post in places available to employees and applicants for
employment, notices setting forth the provision of this non-discrimination clause and stating that
all qualified applicants will receive consideration for employment. The Consultant shall
incorporate the foregoing requirements of this paragraph in all of its subcontracts for program
work, and will require all of its subcontractors for such work to incorporate such requirements
in all subcontracts for program work.
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without
the written consent of the other party.
16. Services Not Provided For. No claim for services furnished by the Consultant not specifically
provided for herein shall be honored by the City.
17. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any
reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not
affect the remaining provisions of this Agreement.
18. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement
supersedes all oral agreements and negotiations between the parties relating to the subject matter
hereof as well as any previous agreements presently in effect between the parties relating to the
subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of
this Agreement shall be valid only when expressed in writing and duly signed by the parties,
unless otherwise provided herein.
19. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall
abide by all statutes, ordinances, rules and regulations pertaining to the proYisions of services
to be provided. Any violation shall constitute a material breach of this Agreement and entitle
the City to immediately terminate this Agreement.
20. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not
affect, in any respect, the validity of the remainder of this Agreement.
21. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and
employees harmless from any liability, claims, damages, costs, judgments, or expenses,
including reasonable attorney's fees, resulting directly or indirectly from an act or omission
(including without limitation professional errors or omissions) of the Consultant, its agents,
employees, or subcontractors in the performance of the serYices proYided by this Agreement and
against all losses by reason of the failure of said Consultant fully to perform, in any respect, all
obligations under this Agreement.
22. Insurance.
A. General Liability. During the term of this Agreement, Consultant shall maintain a
general liability insurance policy with limits of at least $600,000 for each person, and
each occurrence, for both personal injury and property damage. This policy shall name
the City as an additional insured for the services provided under this Agreement and shall
60104.03
4
Genera 1 Prof. Services
provide that the Consultant's coverage shall be the primary coyerage in the event of a
loss. The policy shall also insure the indemnification obligation contained in Paragraph
No. 21. A certificate of insurance on the City's approved form which verifies the
existence of this insurance coverage must be provided to the City before work under this
Agreement is begun.
B.
Worker's Compensation. The Consultant shall secure and maintain such insurance as
will protect Consultant from claims under the Worker's Compensation Acts and from
claims for bodily injury, death, or property damage which may arise from the
performance of Consultant's services under this Agreement.
C.
Professional Liability Insurance. The Consultant agrees to provide to the City a
certificate evidencing that they have in effect, with an insurance company in good
standing and authorized to do business in Minnesota, a professional liability insurance
policy. Said policy shall insure payment of damage for legal liability arising out of the
performance of professional services for the City, in the insured's capacity as the
Consultant, if such legal liability is caused by an error, omission, or negligent act of the
insured or any person or organization for whom the insured is legally liable. Said policy
shall provide an aggregate limit of $1,000,000.
"
23. Records Access. The Consultant shall provide the City access to any books, documents, papers,
and records which are directly pertinent to the specific contract, for the purpose of making audit,
examination, excerpts, and transcriptions, for three years after final payments and all other
pending matters related to this contract are closed.
24. Ownership of Documents. All plans, diagrams, analyses, reports, and information generated
in connection with performance of the Agreement shall become the property of the City. The
City may use the information for its purposes. Such use by the City shall not relieve any
liability on the part of the Consultant.
25. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
60104.03
5
Genera 1 Prof. Services
Executed as of the day and year first written aboye.
Reviewed for Administration:
City Manager
Approyed as to Form and Execution:
City Attorney
Accounting Records Posted:
Director of Finance
Resolution Authorizing No.
60104.03
CITY OF PRIOR LAKE
Mayor
City Manager
By:
Its:
By:
Its:
6
General Prof. Services
STANDARD AGREEMENT
FOR ENGINEERING OR ARCIDTECTURAL SERVICES
THIS AGREEMENT is made on the day of , 19 _, between the City
of Prior Lake, Minnesota (hereinafter "City"), whose business address is 16200 Eagle Creek Avenue
S.E., Prior Lake, MN 55372-1714, and
(hereinafter "Engineer or Architect") whose business address is
PRELIMINARY STATEMENT
The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of
professional services for City projects. That policy requires that persons, firms or corporations
proYiding such services enter into written contracts with the City. The purpose of this contract is to
set forth the terms and conditions for
The City and Engineer or Architect agree as follows:
1. Engineer or Architect's Services. The Engineer or Architect agrees to proYide professional
services as described in Exhibit A, attached and made a part of this Agreement.
2. Time for Perfonnance of Services. The Engineer or Architect shall perform the services
outlined in Exhibit A according to the schedule set forth in Exhibit C.
3. Compensation for Services. City agrees to pay the Engineer or Architect for services as
described in Exhibit A. Compensation shall be in accordance with Exhibit B, attached and made
a part of this Agreement.
4. Service for Project. The Engineer or Architect, upon direction of the City,
agrees to perform the following services:
A. See Exhibits A (Work Scope), B (Budget) and C (Schedule).
B. Special Engineer or Architects may be utilized by the Engineer or Architect when
required by the complex or specialized nature of the Project and when authorized in
writing by the City.
C. City agrees to pay Engineer or Architect for extra services by the Engineer or Architect
or Special Engineer or Architects when authorized in writing by the City.
5. The City agrees to proYide the Engineer or Architect with the complete information concerning
the scope of the Project and to perform the following services:
A. Access to the Area. The City shall obtain access to and make all proYisions for the
Engineer or Architect to enter upon public and priyate lands as required for the Engineer
or Architect to perform such work as surveys and inspections in the deyelopment of the
Project.
B.
Consideration of the Engineer or Architect's Work. The City shall give thorough
60104.02
1 Engineering/Architectural
consideration to all reports, sketches, estimates, drawings, and other documents presented
by the Engineer or Architect, and shall inform the Engineer or Architect of all decisions
within a reasonable time so as not to delay the work of the Engineer or Architect.
C. Standards. The City shall furnish the Engineer or Architect with a copy of any design
and construction standards they may require in the preparation of the report for the
Project.
D. Owner's Representative. A person shall be appointed to act as the City's representative
with respect to the work to be performed under this Agreement. He or she shall haye
complete authority to transmit instructions, receive information, interpret, and define the
City's policy and decisions with respect to the materials, equipment, elements and
systems pertinent to the work covered by this Agreement.
6. Method of Payment. The Engineer or Architect shall submit to the City, on a monthly basis,
itemized bills for professional services performed under Section 4 of this Agreement. Bills
submitted shall be paid in the same manner as other claims made to the City.
A. Progress Payment. For work reimbursed on an hourly basis, the Engineer or Architect
shall indicate for each employee, his or her name, job title, the number of hours worked,
rate of pay for each employee, a computation of amounts due for each employee, and the
total amount due for each project task. Engineer or Architect shall verify all statement
submitted for payment in compliance with Minnesota Statutes Sections 471.38 and
471.391. For reimbursable expenses, if permitted in Exhibit A, the Engineer or
Architect shall provide such documentation as reasonably required by the City.
B. Abandoned or Suspended Work. If any work performed by the Engineer or Architect
is abandoned or suspended in whole or in part by the City, the Engineer or Architect
shall be paid for any services performed on account of it prior to receipt of written notice
from the City of such abandonment or suspension, all as shown on Exhibit A attached
hereto and incorporated herein by reference.
C. Compensation for Services of the Engineer or Architect. The City shall pay the Engineer
or Architect for the services described in Exhibit A of this Agreement. The fee that the
City will pay under this Agreement shall not exceed the amount shown on Exhibit B for
this project.
D. Payments for the Engineer or Architect's Reimbursable Costs. The Engineer or
Architect shall be reimbursed for the work of special consultants, as described in Section
4B, and for other items when authorized in writing by the City. Such items shall
include: transportation of principals and employees on special trips to the Project or to
other locations, materials and supplies, and AutoCADD as required to expedite the work,
and reproduction of reports.
7. Accuracy of Work. Engineer or Architect shall be responsible for the accuracy of the work and
the utilization of all determinant data, and shall promptly make necessary revisions or corrections
resulting from errors and omissions on the part of Engineer or Architect without additional
compensation.
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Engi neering/ Arch i tectura 1
If the date or materials furnished by the City, and used in the conduct of this work are found
to be in error, incorrect, or inappropriate, the City shall direct Engineer or Architect to modify ,
update, and/or correct the affected work product. All such corrective work performed by
Engineer or Architect shall be considered to be additional services for which additional
compensation shall be paid to Engineer or Architect on the basis of Engineer or Architect's
standard fees or actual costs incurred.
8. Project Manager and Staffing. The Engineer or Architect has designated
and to serve on the
Project. They shall be assisted by other staff members as necessary to facilitate the completion
of the Project in accordance with the terms established herein. Engineer or Architect may not
remove or replace or , from the Project
without the approval of the City.
9. Audit Disclosure. The Engineer or Architect shall allow the City or its duly authorized agents
reasonable access to such of the Engineer or Architect's books and records as are pertinent to
all seryices provided under this Agreement. Any reports, information, data, etc. given to, or
prepared or assembled by, the Engineer or Architect under this Agreement which the client
requests to be kept confidential shall not be made available to any individual or organiza~ion
without the City's prior written approval. All finished or unfinished documents, data, studies,
surveys, drawings, maps, models, photographs, and reports prepared by the Engineer or
Architect shall become the property of the City upon termination of this Agreement, but
Engineer or Architect may retain copies of such documents as records of the services provided.
10. Term. The term of this Agreement shall be from through
, 19_, the date of signature by the parties notwithstanding. This
Agreement may be extended upon the written mutual consent of the parties for such additional
period as they deem appropriate, and upon the terms and conditions as herein stated.
11. Termination. This Agreement may be terminated by either party by seven (7) days' written
notice delivered to the other party at the address written aboye. Upon termination under this
provision if there is no fault of the Engineer or Architect, the Engineer or Architect shall be paid
for seryices rendered and reimbursable expenses until the effectiye date of termination. If
however, the City terminates the Agreement because of the Engineer or Architect has failed to
perform in accordance with this Agreement, no further payment shall be made to the Engineer
or Architect, and the City may retain another contractor to undertake or complete the work
identified in Paragraph 1. If as a result, the City incurs total costs for the work (including
payments to both the present contractor and a future contractor) which exceed a maximum
Agreement amount, if any, specified under Paragraph 3, then the Engineer or Architect shall be
responsible for the difference between the cost actually incurred and the Agreement amount.
12. Subcontractor. The Engineer or Architect shall not enter into subcontracts for services provided
under this Agreement except as noted in the scope of services, without the express written
consent of the City. The Engineer or Architect shall pay any subcontractor involved in the
performance of this Agreement within the (10) days of the Engineer or Architect's receipt of
payment by the City for undisputed services provided by the subcontractor. If the Engineer or
Architect fails within that time to pay the subcontractor any undisputed amount for which the
Engineer or Architect has received payment by the City, the Engineer or Architect shall pay
60104.02
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Engineer ingl Arch i tectura 1
interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any
part of a month. 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 Engineer or Architect shall pay
the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil
action to collect interest penalties from the Engineer or Architect shall be awarded its costs and
disbursements, including attorney's fees, incurred in bringing the action.
13. Independent Engineer or Architect. At all times and for all purposes herein, the Engineer or
Architect is an independent contractor and not an employee of the City. No statement herein
shall be construed so as to find the Engineer or Architect an employee of the City.
14. Non-Discrimination. During the performance of this contract, the Engineer or Architect shall
not discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, or age. The Engineer or Architect shall post in places ayailable to employees and
applicants for employment, notices setting forth the provision of this non-discrimination clause
and stating that all qualified applicants will receiye consideration for employment. The Engineer
or Architect shall incorporate the foregoing requirements of this paragraph in all of its
subcontracts for program work, and will require all of its subcontractors for such wor~ to
incorporate such requirements in all subcontracts for program work. .
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without
the written consent of the other party.
16. Services Not Provided For. No claim for services furnished by the Engineer or Architect not
specifically proYided for herein shall be honored by the City.
17. Severability. The proYisions of this Agreement are seyerable. If any portion hereof is, for any
reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not
affect the remaining provisions of this Agreement.
18. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement
supersedes all oral agreements and negotiations between the parties relating to the subject matter
hereof as well as any previous agreements presently in effect between the parties relating to the
subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of
this Agreement shall be yalid only when expressed in writing and duly signed by the parties,
unless otherwise provided herein.
19. Compliance with Laws and Regulations. In providing services hereunder, the Engineer or
Architect shall abide by all statutes, ordinances, rules and regulations pertaining to the proYisions
of services to be provided. Any violation shall constitute a material breach of this Agreement
and entitle the City to immediately terminate this Agreement.
20. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not
affect, in any respect, the yalidity of the remainder of this Agreement.
21. Indemnification. Engineer or Architect agrees to defend, indemnify and hold the City, its
officers, and employees harmless from any liability, claims, damages, costs, judgments, or
60104.02
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Engineeringl Arch i tectura7
expenses, including reasonable attorney's fees, resulting directly or indirectly from an act or
omission (including without limitation professional errors or omissions) of the Engineer or
Architect, its agents, employees, or subcontractors in the performance of the services provided
by this Agreement and against all losses by reason of the failure of said Engineer or Architect
fully to perform, in any respect, all obligations under this Agreement.
22. Insurance.
A. General Liability. During the term of this Agreement, Engineer or Architect shall
maintain a general liability insurance policy with limits of at least $600,000 for each
person, and each occurrence, for both personal injury and property damage. This policy
shall name the City as an additional insured for the services provided under this
Agreement and shall provide that the Engineer or Architect's coverage shall be the
primary coverage in the event of a loss. The policy shall also insure the indemnification
obligation contained in Paragraph No. 21. A certificate of insurance on the City's
approved form which verifies the existence of this insurance coverage must be provided
to the City before work under this Agreement is begun.
B. Worker's Compensation. The Engineer or Architect shall secure and maintain such
insurance as will protect Engineer or Architect from claims under the Worker's
Compensation Acts and from claims for bodily injury, death, or property damage which
may arise from the performance of Engineer or Architect's services under this
Agreement.
C. Professional Liability Insurance. The Engineer or Architect agrees to provide to the City
a certificate evidencing that they have in effect, with an insurance company in good
standing and authorized to do business in Minnesota, a professional liability insurance
policy. Said policy shall insure payment of damage for legal liability arising out of the
performance of professional services for the City, in the insured's capacity as the
Engineer or Architect, if such legal liability is caused by an error, omission, or negligent
act of the insured or any person or organization for whom the insured is legally liable.
Said policy shall provide an aggregate limit of $1,000,000.
23. Records Access. The Engineer or Architect shall provide the City access to any books,
documents, papers, and records which are directly pertinent to the specific contract, for the
purpose of making audit, examination, excerpts, and transcriptions, for three years after fmal
payments and all other pending matters related to this contract are closed.
24. Ownership of Documents. All plans, diagrams, analyses, reports, and information generated
in connection with performance of the Agreement shall become the property of the City. The
City may use the information for its purposes. Such use by the City shall not relieye any
liability on the part of the Engineer or Architect.
25. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
60104.02
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Engi neeringl Archi tectura I
Executed as of the day and year first written aboye.
Reviewed for Administration:
City Manager
Approved as to Form and Execution:
City Attorney
Reyiewed for Engineering:
Director of Public Works
Accounting Records Posted:
Director of Finance
Resolution Authorizing No.
60104.02
CITY OF PRIOR LAKE
Mayor
City Manager
By:
Its:
By:
Its:
6
Engineering! Arch i tectura 1
CITY OF PRIOR LAKE
STANDARD CONTRACT
BETWEEN CITY AND CONTRACTOR
FOR
This Agreement made this day of , 1998, by and between the CITY
OF PRIOR LAKE, a Minnesota municipal corporation (hereinafter the "City") and
, (hereinafter the "Contractor").
Purpose: The City Council has determined that:
{INSERT FINDINGS OF PURPOSE OF THE CONTRACT AND SCOPE OF CONTRACT}
THE CITY AND CONTRACTOR, FOR THE CONSIDERATION STATED BELOW, AGREE 'As
FOLLOWS:
1. The Contractor agrees to perform and complete all the provisions of the specifications and/or
plans indicated below in Paragraph 2, as approved by the City for {INSERT GENERAL
PURPOSE OF CONTRACT} at the following location:
{INSERT LOCATION}
2. Contract and Contract Documents. The following documents attached hereto shall be referred
to as the "Contract Documents", all of which shall be taken together as a whole as the contract
between the parties as if they were set out yerbatim and in full herein:
a. The City's Request For Proposals dated December 3, 1997;
b. Specifications;
c. Plans and Drawings submitted by Contractor and on file in the office of the City
Manager of the City of Prior Lake;
d. Performance Bond and Payment Bond;
e. Insurance Certificate(s); and
f. This document.
3. The Proiect ("Work"). The Contractor shall perform all of the Work required by the Contract
Documents for the sum of and / 100 Dollars
($ ).
4. Time of Commencement and Substantial Completion. The Work to be performed under this
Contract shall be commenced immediately after execution of this Agreement. The Work shall
60104.01A
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be substantially completed by
, 1998.
A. Starting the Work.
(1) The Contractor shall commence the Work in such a manner and at such a time as to
expeditiously interface with the Work of other contractors, and shall pursue the Work
diligently to completion.
(2) The execution of this Agreement by both parties constitutes a Notice to Proceed with the
Work, unless the City issues a separate Notice to Proceed designating a different starting
time. The Contractor shall promptly proyide timely performance according to the
immediate progress requirements of the Work.
(3) The Contractor shall commence the Work prior to the execution of this Agreement if a
Letter of Intent containing a Notice to Proceed is issued by the City.
(4) Upon receipt of a Notice to Proceed, the Contractor shall pursue and complete the Work
without voluntary interruption for any reason, as long as the Work can be performed.
The Contractor agrees that it shall continue the Work at all times the Work can be
performed, at a pace consistent with good industry practice regardless of pending' or
current disputes in connection with the Contract Documents.
B. Timely Performance. It is the City's intent to complete the Project as soon as possible, and in
this pursuit, the City will coordinate the scheduling function. The Contractor agrees to
cooperate in scheduling and performing the Work to achieve completion of the Project as soon
as possible.
5. Contract Sum. The City shall pay the Contractor in current funds for the performance of the
Work, subject to additions and deductions by Change Orders as provided in the Contract
Document. The City shall pay Contractor _ % of the contract amount as a down payment
at the time this Agreement is executed.
6. Final Pavment. Final payment, constituting the entire unpaid balance of the Contract Sum, shall
be paid by the City to the Contractor when the Work has been completed, the Contract fully
performed, and the City accepts the Work. The acceptance of final payment shall constitute a
waiver of all claims by the Contractor except those previously made in writing and identified
by the Contractor as unsettled at the time of Application for Final Payment.
7. Performance and Pavment Bonds. If this is a project for the doing of public work, the
Contractor shall post a Performance and a Payment Bond each in an amount equal to one
hundred percent (100%) of the payments due Contractor to insure the prompt and faithful
performance of this Contract by Contractor and to insure prompt payment to the subcontractors
and suppliers of the Contractor. The Bonds shall be in a form approyed by the City. Contractor
shall provide the Bond to the City before commencing work and within ten (10) days after
execution of this Contract. If the Performance and/or Payment Bond are not submitted as
provided herein, this Contract shall be considered yoid.
60104.01A
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8. Insurance and Indemnification.
A. The Contractor shall purchase and maintain insurance to protect itself from claims under the
Worker's Compensation Act.
B. The Contractor shall purchase and maintain insurance to protect itself from claims for damages
because of bodily injury including personal injury, sickness or disease, or death of any of its
employees or any person other than its employees; and from claims for damages because of
injury to or destruction of tangible property including loss of use resulting therefrom and from
claims arising out of the performance of this Contract by the Contractor. The base limits of this
policy shall be $1,000,000.00 combined single limit.
C. Before the City executes this Contract, the Contractor shall provide the City with evidence of
insurance in a form of a Certificate from the insurer naming all policies. The City shall be an
additional named insured on the Contractor's insurance policy. The insurance policies shall
contain a provision that they may not be cancelled unless prior written notice thereof is given
to the City not less than ten (10) business days prior to the cancellation date.
D. The Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. The City shall not be responsible 'for
or haye control of safety precautions and programs in connection with the Work.
E. Contractor provides the financial protection of the required insurance to benefit both City and
Contractor. Providing and paying for the insurance is part of the consideration which Contractor
offers City. The City does not represent or warrant that the types of limits of insurance
specified in this Article adequately protect Contractor's interest or sufficiently cover Contractor's
liability.
F. The Contractor shall defend, hold harmless and indemnify the City, its officers, agents, and
employees from and against any and all claims, demands, actions or causes of action (including
court costs and reasonable attorneys' fees) of whatever nature of character arising from the
Contractor's performance of the Work herein.
9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work
performed and all materials furnished shall be in accord with the Contract Documents and shall
be free from defects in materials, workmanship, and operation which appear within a period of
one year, or within such longer period as may be prescribed by law or in the terms of the
Contract Documents, from the date of City's acceptance of the Work. The City's rights under
the Contractor's warranty are not the City's exclusive remedy. The City shall have all other
remedies ayailable under this Contract, at law or in equity.
Should any defects develop in the materials, workmanship, or operation of the system within the
specified period, upon notice from the City, the Contractor agrees, within fourteen (14) calendar
days after receiving written notice and without expense to the City, to repair, replace and in
general to perform all necessary correctiye Work with regard to the defectiye or nonconforming
Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY
MANNER LIMIT THE CITY'S REMEDY OR THE CONTRACTOR'S LIABILITY TO
THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor
60104.01A
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agrees to perform the Work in a manner and at a time so as to minimize any damages sustained
by the City and so as to not interfere with or in any way disrupt the operation so the City or the
public.
The correctiye Work referred to aboye shall include without limitation, (a) the cost of removing
the defective or nonconforming Work and materials from the site, (b) the cost of correcting all
Work of other Contractors destroyed or damaged by defectiye or nonconforming Work and
materials including the cost of removal of such damaged Work and materials from the site, and
(c) the cost of correcting all damages to Work of other Contractors caused by the removal of
the defectiye or nonconforming Work or materials.
10. Rights and Remedies. The duties and obligations imposed by the Contract Documents and the
rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights, and remedies otherwise imposed or available by law.
No action or failure to act by the City or the Contractor shall constitute a waiver of any right
or duty afforded any of them under the Contract, nor shall any such action or failure to act
constitute an approval of or acquiescence in any breach thereunder, except as may be specifically
agreed in writing.
11. Notice. Required notices to the Contractor shall be in writing, and shall be either hand delivered
to the Contractor, its employees or agents, or mailed to the Contractor by certified mail at the
following address:
{INSERT ADDRESS}
Notices to the City shall be in writing and shall be either hand delivered to the City Manager
or mailed to the City by certified mail in care of the City Manager at the following address:
City of Prior Lake
16200 Eagle Creek A yenue SE
Prior Lake, Minnesota 55372.
12. Condition and Inspection. All goods and other materials furnished under this Contract shall be
new and in current manufacture, unless otherwise specified, and all goods and work shall be of
good quality, free from faults and defects and in conformance with the Contract Documents.
All goods and work not conforming to these requirements shall be considered defective.
Goods shall be subject to inspection by the City. Defectiye goods or goods not in current
manufacture may be returned to the Contractor at the Contractor's expense.
13. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as
defectiye or as failing to conform to the Contract Documents whether observed before or after
Substantial Completion of the Project and whether or not fabricated, installed or completed. The
Contractor shall bear all costs of correcting such rejected Work.
If, within one (1) year after the Date of Substantial Completion of the Project or designated
portion thereof or within one (1) year after acceptance by the City of designated equipment, or
60104.01A
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within such longer period of time as may be prescribed by law or by the terms of any applicable
special warranty required by the Contract Documents, any of the Work is found to be defectiye
or not in accordance with the Contract Documents, the Contractor shall correct it promptly after
receipt of a written notice from the City to do so unless the City has preyiously giyen the
Contractor a written acceptance of such condition. This obligation shall surviye both final
payment for the Work or designated portion thereof and termination of the Contract. The City
shall giye such notice promptly after discovery of the condition.
14. City's Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the
Work in accordance with the Contract Documents or fails to perform any proYision of the
Contract, the City may, after seven (7) days written notice to the Contractor and without
prejudice to any other remedy the City may haye, make good such deficiencies. In such case
an appropriate Change Order shall be issued deducting from the payment then or thereafter due
the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due
the Contract are not sufficient to coyer such amount, the Contractor shall pay the difference to
the City.
15. Change Orders. The Contract Sum may be changed only by written Change Order approved
by the City Council.
OPTION:
This section of the contract is subject to change based upon the results of the
council workshop.
"The Contract Sum may be changed by written Change Order approved by the City
Council. In circumstances where the public safety or health are injeopardy, said change
order may be approved by the City Manager if such Change Orders do not exceed an
aggregate of _ % ( 10%, 15%, 20%) of the Contract Sum, not to exceed Twenty-Five
Thousand Dollars ($25,000.00).
The cost or credit to the City resulting from a Change Order shall be determined in one of the
following manners: (1) By mutual acceptance of a lump sum; or (2) by unit prices stated in the
Contract Documents as subsequently agreed upon.
16. Unauthorized Work. Additional Work performed without authorization of a Change Order will
not entitle Contractor to an increase in the Contract Price or an extension of the Contract Time.
17. Termination. If the Contractor persistently or repeatedly refuses or fails, except in cases for
which extension of time is provided, to supply enough properly skilled workers or proper
materials, or fails to made prompt payment to subcontractors or for materials or labor or
persistently disregards laws, ordinances, rules, regulations or orders of any public authority
haying jurisdiction, or otherwise is guilty of a substantial yiolation of a proyision of the Contract
Documents, and fails within seven (7) days after receipt of written notice to commence and
continue correction of such default, neglect or yiolation with diligence and promptness, the City
may, without prejudice to any other remedy the City may have, terminate the employment of
the Contractor and take possession of the site and of all materials, equipment, tools, construction
equipment and machinery thereon owned by the Contractor and my finish the Work by whatever
methods the City may deem expedient. In such case the Contractor shall not be entitled to
receive any further payment until the Work is finished.
60104.01A
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18. Promot Payment to Subcontractors. The Contractor shall pay any subcontractor within ten (10)
days of the Contractor's receipt of payment by the City for undisputed services provided by the
Subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed
amount for which the Contractor has received payment by the City, the Contractor shall pay
interest to the subcontractor on the unpaid amount at the rate of one and one-half percent (1.5 %)
per month or any part of a month. The minimum monthly interest penalty payment for an
unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the
Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who
preyails in a civil action to collect interest penalties from the Contractor shall be awarded its
costs and disbursements, including attorney's fees, incurred in bringing the action. The
Contractor shall, by an appropriate agreement with each subcontractor, require each
subcontractor to make payments to his subcontractors in a similar manner.
19. Independent Contractor. At all times and for all purposes hereunder, the Contractor is an
independent contractor, and not an employee of the City.
20. Affirmative Action Policy. All Contractors and subcontractors employed shall comply with all
applicable provisions of all federal, state and municipal laws which prohibit discrimination in
employment on the basis of race, color, religion, sex, marital status, national origin, ancestry,
age, and physical or mental handicap and all rules and regulations, promulgated and adopted
pursuant thereto. The Contractor will include a similar provisions in all subcontracts entered
into for the performance of this contract.
21. Miscellaneous.
A. This Contract shall become effective only upon its execution by both the City and the
Contractor. This Contract shall not be modified, amended, rescinded, waived or terminated
without the approval in writing of the City Council.
B. The City shall be allowed to audit Contractor's books and records during regular business hours
upon five (5) days written notice.
C. This Agreement shall be goyerned by the laws of the State of Minnesota.
D. That with respect to any and all businesses conducted or acts performed pursuant to this
Agreement, the Contractor shall be deemed an employer.
E. OPTION. That the Contractor agrees to pay prevailing wages as required by law.
60104.01A
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IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date and year
hereinaboye first written.
CITY OF PRIOR LAKE
CONTRACTOR
By:
Wesley M. Mader, Mayor
By:
Its:
By:
Frank Boyles, City Manager
STATE OF MINNESOTA )
(ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day 'of
, 19_, by Wesley M. Mader and Frank Boyles, respectiyely the Mayor and City
Manager of the City of Prior Lake, a Minnesota municipal corporation, on behalf of the corporation
and pursuant to the authority granted by its City Council.
Notary Public
STATE OF MINNESOTA )
(ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
19_, by , the of
corporation, on its behalf, Contractor.
a
Notary Public
This Instrument Drafted By:
CAMPBELL KNUTSON
Professional Association
1380 Corporate Center Curve
Suite 317
Eagan, Minnesota 55121
SLP:MKB
60104.01A
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