HomeMy WebLinkAbout10C - Prior Lake Baptist Church
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AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
DISCUSSION:
ISSUES:
STAFF AGENDA REPORT
10 C
SUE MCDERMOTT , ASSISTANT CITY ENGINEER
JANE KANSIER, PLANNING COORDINATOR
CONSIDER APPROVAL OF RESOLUTION 98-XX
APPROVING A CONTRACT FOR OVERSIZING OF
IMPROVEMENTS FOR PRIOR LAKE BAPTIST
CHURCH
APRIL 20, 1998
The purpose of this agenda item is to consider approval of
a Contract for Oversizing of Improvements for the Prior
Lake Baptist Church. In effect, this is a short form
Developer's Contract which provides for the construction
of watermain improvements to serve the church parcel.
The Prior Lake Baptist Church is proposing to construct an
8,414 square foot addition to the existing 5,400 square
foot church and school building. In order to accommodate
the new construction, the church must connect to the
existing 12" watermain at the east end of the property, and
extend this watermain to the west edge of the property.
The watermain is a public improvement, similar to public
improvements installed by a developer of a subdivision in
that it will eventually be accepted and maintained by the
City. Additionally, the City is requesting the pipe be
oversized to accommodate potential future development.
It is the City's policy to reimburse the developer for the
cost of oversizing. For these reasons, the City Attorney
has prepared the attached Contract for Oversizing of
Improvements. This contract establishes the
reimbursement fees, required security, warranties, and
other specific information relating to the watermain
construction.
The City Engineering staff reviewed the cost estimate'
supplied by Progress Land Company for this project. The
Engineering staff determined a cost differential of $13.00
per linear foot rather than the $19.00 per linear foot cost
differential proposed by Progress Land Company. Based
on the City's estimates, the reimbursement amount is
1:\97files\97sitepl\plbaptis\counrpt.doc Page 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
$8,210.97. The City staff submitted this figure to the
Progress Land Company. Their representative has
verbally indicated his consent to this figure.
ALTERNATIVES: 1. Adopt Resolution 98-XX, approving the Contract for
Oversizing of Improvements and authorize the Mayor
and the City Manager to execute this agreement.
2. Deny Resolution 98-XX.
3. Defer consideration of this item for specific reasons.
RECOMMENDATION: The staff recommends Alternative #1.
ACTION REQUIRED: dopt Resolution 98-XX
1:\97files\97sitepl\plbaptis\counrpt.doc Page 2
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Improvement by the City, As-builts drawings, hold harmless and indemnification and
City reimbursement to Owner for the cost to oversize the Improvement.
2. Recitals.
forth.
The Recitals set forth above are incorporated herein as if fully set
3. Contract Documents. This Contract consists of the following documents,
each of which is specifically incorporated herein by reference as if fully set forth or
attached (collectively referred to as "Contract Documents").
(a) Site Survey dated March 24, 1998, prepared by Delmar R. Schwanz, RLS.
(b) Plans and Specifications dated March 5, 1998, prepared by Progress Land
Company.
(c) Building Permit #98-149 dated 3/6/98.
(d) City Public Works Design Manual.
4. Location. The Improvement will be constructed in the right-of-way on
owners property legally described on Exhibit A (attached).
5. Oversizin~ The Owner and City agree that the Improvement should be
oversized for the benefit of future development, just as Owner was benefited from the
oversizing of Improvements by previous development. Oversizing is the construction of
an Improvement to City specifications that exceeds those that would otherwise be
required of the Owner. The City and Owner agree that the cost to oversize the watermain
is $8,210.97 based on a cost estimate as determined by (1) quotes provided by the Owner
to the City and (2) and City Engineer using the City's Assessment policy based on a final
engineering drawing. The calculation of the cost to oversize the Improvement is attached
as Exhibit B. The City shall reimburse the owner for the cost of oversizing within thirty
(30) days of acceptance of the Improvement by the City Engineer.
If the City Engineer determines additional work as a result of oversizing is required and
provides written authorization to the Owner to proceed with said additional work, the
City shall reimburse the Owner for the costs associated with the additional work. The
cost of the additional work shall be agreed on between the City and Owner and set forth
in the authorization to proceed with the additional work.
6. <;onstruction of Imnrovement. The Improvement shall be installed in
accordance with the City Public Works Design Manual and any other applicable City
ordinances. The Owner shall construct the Improvement in accordance with the Contract
Documents submitted to and approved by the City.
7. As-buUts. Upon completion of the Improvement and inspection thereof and
prior to acceptance by the City or issuance of a Final Certificate of Occupancy for the
Property, the Owner shall provide to the City a complete set of As-built elevations in a
form prescribed by and acceptable to the City Engineer.
L:\97FILES\97SITEPL\PLBAPTIS\CONTRACT.DOC 2
8. License. The Owner hereby grants the City, its agents, employees, officers
and contractors a non-revocable license to enter onto Owners Property to perform all
work and inspections deemed appropriate by the City in connection with the construction
and maintenance of the Improvement.
9. Ownershi!l of Im!lrovement. Upon completion of the Improvement and
final written acceptance by the City Engineer, the Improvement lying within public
easements shall become City property without further notice or action.
10. War ran tv. The Owner warrants the Improvement against poor material and
faulty workmanship. The warranty period for the Improvement is two (2) years. Upon
completion of the Improvement and prior to the City's issuance of a final Certificate of
Occupancy for the Property, the Owner shall provide the city with a warranty or
maintenance bond, in a form acceptable to the City Engineer, in the amount of
$28,906.00, which number represents one hundred twenty-five percent (125%) ofthe cost
of the Improvement. The warranty or maintenance bond shall remain in effect during the
warranty period.
11. Promnt Pavment to Subcontractors Re,!uired. The provisions of Minnesota
Statute Section 471.425, Subd. 4a, attached as Exhibit C are incorporated by reference as
if fully set forth herein.
12. Indemnification. Owner shall indemnify, defend, and hold the City, its
Council, agents, employees, attorneys and representatives harmless against and in respect
of any and all claims, demands, actions, suites, proceedings, liens, losses, costs, expenses,
obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties,
and attorney's fees, that the City incurs or suffers, which arise out of, result from or relate
to the Improvement and this Contract.
13. Street Maintenance. Owner shall be responsible for all street maintenance until
final written acceptance by the City of the Improvement. Warning signs and detour signs,
if determined to be necessary by the City Engineer, shall be placed when hazards develop
in streets to prevent the public from traveling on same and directing attention to detours.
If and when streets become impassable, such streets shall be barricaded and closed. For
the purpose of this paragraph, "street maintenance" does not include snow plowing or
normal sweeping.
14. Third Party Recourse. Third parties shall have no recourse against the City
under this Contract.
15. Validity,. If any portion, section, subsection, sentence, clause, paragraph, or
phase of this Contract is for any reason held invalid, such decision shall not affect the
validity of the remaining portion of this Contract.
16. Waiver. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this Contract. To be binding, amendments or waivers
L:\97FILES\97SITEPL\PLBAPTIS\CONTRACT.DOC 3
shall be in writing, signed by the parties and approved by resolution of the City Council.
The City's failure to promptly take legal action to enforce this Contract shall not be a
waiver or release.
17. Recordin~. This Contract shall run with the land. The Owner, at hislher sole
expense, shall record this Contract against the title to the property within ten (10) days of
the City Council's approval of the Contract. The Owner shall provide the City with a
recorded copy of the Contract.
18. Insurance. Owner, at its sole cost and expense, shall take out and maintain or
cause to be taken out and maintained, until the expiration of the warranty period on the
Improvement, public liability and property damage insurance covering personal injury,
including death, and claims for property damage which may arise out of Owner's work or
the work of its subcontractors or by one directly or indirectly employed by any of them.
Limits for bodily injury and death shall not e less than $1,000,000 for one person and
$2,000,000 for each occurrence; or a combination single limit policy of$I,OOO,OOO or
more. The City shall be named as an additional insured on the policy, and the Owner
shall file with the City a certificate evidencing coverage prior to the City issuing a Final
Certificate of Occupancy. The certificate shall provide that the City must be given (30)
days advance written notice of the cancellation of the insurance.
19. Assienment. The Owner may not assign this Contract without the prior written
approval of the City Council.
20. Interoretation. This Contract shall be interpreted in accordance with the
governed by the laws of the State of Minnesota. The words herein and hereof and words
of similar import, without reference to any particular section or subdivision, refer to this
Contract as a whole rather than to any particular section or subdivision hereof. Titles in
this Contract are inserted for convenience or reference only and shall be disregarded in
constructing or interpreting any of its provisions.
21. Jurisdiction. This Contract shall be governed by the laws of the State of
Minnesota.
CITY OF PRIOR LAKE
By:
Wesley M. Mader, Mayor
By:
Frank Boyles, City Manager
L:\97FILES\97SITEPL\PLBAPTIS\CONTRACT.DOC 4
Reviewed for Form and Execution:
OWNER(S):
By:
Suesan Lea Pace
City Attorney
By:
Its:
By:
Its:
STATE OF MINNESOTA)
)ss
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this day of , 1998,
by Wesley M. Mader and Frank Boyles, the Mayor and City Manager of City of Prior
Lake, a Minnesota municipal corporation, on its behalf.
Notary Public
STATE OF MINNESOTA)
)ss
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this _ day of
by and ,the
of "a
, 1998,
and
. corporation, on its
behalf.
Notary Public
TillS INSTRUMENT DRAFTED BY:
CAMPBELL KNUTSON
PROFESSIONAL ASSOCIA nON
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
SLP
L:\97FILES\97SITEPL \PLBAPTIS\CONTRACT.DOC 5
Certificate of Building Location For:
Prior Lake baptist Church
EXHIBIT A
tiS
B9834
189/28
DELMAR H. SCHWANZ
LAND SURVEYORS. INC
R8'l,"te,.d Un de; LaWI 01 The 51118 01 I.4i"n810'.
14750 SOUTH ROBERT TRAil ROSE MOUNT. MINNESOTA 55068 612/423-1769
SURVEYOR.S CERTIFICATE
Existing Description:
That part of the East 3/4 of the SE% of Section 1, Township 114, Pange 22,
Scott County, Minnesota described as follows:
Comm(mcing at the Southeast corner of said Section 1; the'nce on an
assUIned bearing of NOlo 21' 00" W. along the line between the Southeast
cornl!r and the Northeast corner of said Section 1. a distance of 1251.72
feet; thence at right angles S 880 39' W. a distance of 1875.73 feet;
thence S 86~ 11' 30" W a distance of 84.66 feet to the East line bf the
West 30.0 feet of the East 3/4 of the SE! of said Section 1, said point
being the nctual point of beginning of the property to be described;
thence N 860 II' 30" E. a distance of 514.66 feet; thence bearing South
a distance of 704.31 feet to the center line of County State Aid,Highway
1112; thence N 630 37' 56" W along the center line of said Highway fl12
a distance of 566.47 feet to the East line of the West 30.0 feet of the
East 3/4 of the Southeast 1 of said Section 1; thence N 00 49' 11" W
along said East line of the West 30.0 feet of the East 3/~ of the SEl
of suid Section 1. a distance of 418.59 feet to the paine of beginning.
Excepting therefrom;
That part of the East 3/4 of the Southeast Quarter of Section 1, Township
114, Range 22, Scott County. Minnesota described as follows:
-
Commencing at the southeast corner of said Section 1; thence on an assumed
bearing of North 01 degrees 21 minutes 00 seconds West along the line
between the southeast corner and the northeast corner of said Section 1,
a distance of 1251.72 feet; thence at right ~ngles South 88 degrees 39
minutes 00 seconds West a distance of 1815.13' feet; thence South 86
degrees 11 minut~s 30 seconds West a distance of 84.66 feet to the east
line of the West 30.00 feet of the East 3/4 of the Southeast Quarter of
said Section 1; thence southerly along said east line of the West 30.00
feet a distance of 129.02 feet to the point of beginning of the land to
be described; thence deflecting to the left at an angle of 59 degrees
06 mintues 21 seconds a distance of 284.29 feet; thence deflecting to the
right at an angle of 82 degrees 48 minutes 54 seconds a distance of 238.79
feet to the centerline of County Road No. 12; thence northwesterly along
said centerline a distance of 166.39 feet to the intersection with said
east line of the West 30.00 feet; thence northerly along said east line
a. distan,:e of 288.44 feet to the point of beginning.
, hereby certily lhallhis survey. plan. or report was
prepared by me or under my direct supervision and
Ihal I am a duly Registered Land Surveyor under
Ihe laws 01 lhe Slale 01 Minnesola.
Daled
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JJL/lIJ/[ A 4?k/7f ./'(
t1
Delmar H, SchwlInz
Minnesola Registration No, 8625
Sheet1
PRIOR LAKE BAPTIST CHURCH SANITARY SEWER & WATERMAIN CONSTRUCTION
RYAN CONTRACTING INC. QUOTE DEVELOPER COST CITY COST
ITEM UNIT IQTY. UNIT PRICE TOTAL QTY. UNIT PRICE TOTAL QTY. UNIT PRICE ) TOTAL
Mobilization LS ~ $ 850.00 $ 850.00 1 $ 850.00 $ 850.00 o $ ~5~.OOI $
Connect to ExistinCl12" DIP ~~$ 800.00 $ 800.00 .0.66 $ 800.00 $ 528.00 ~ 800.00 I $ 272,00 *~'
* 12" CI 52 DIP LF I ---s65 $ 35.00 $ 19,775.00 565 $ 22.00 $ 12,430.00 565 1-. - ~3.00 I $ 7,345.00 ~..
8" CI 52 DIP LF --0 $ 16.00 $ 0 $ 22.00 $ o $ 22.00 I $
OJ 6" CI52 DIP LF ~$ 14.00 $ 4,340.00 310 $ 14.00 $ 4,340.00 ~ $ _ _i4.00 I $
6" Post Indicator Valve EA ~$ 1,700.00 $ 1,700.00 1 $ 1,700.00 $ 1,700.00 o $ 1,700.00 Ii
6" Gate Valve & Box EA ~$ 500.00 $ 500.00 1 $ 500.00 $ 500.00 --0 $ 500.00 $
.... Hydrant, 6" DIP and Gate Valve EA 2 $ 1,600.00 $ 3,200.00 2 $ 1,600.00 $ 3,200.00 ~ ~ 1,600.00 I $
- 1" Copper Water Service LF ----m $ 10.00 $ 700.00 70 $ 10.00 $ 700.00 o $ 10.00 I $
lIt 1" Curb Stop Box"Corporation EA 1 $ 100.00 $ 100.00 1 $ 100.00 $ 100.00 --0-$ 100.00 I $
- House Entrance Fee - Water Service EA 1 1 $ 200.00 $ 200.00 1 $ 200.00 $ 200.00 I 01 $ 200.001 $
:I: Building for 6" Wtrm~m Entra & Floor Fig EA ~$ 750.00 $ 750.00 1 $ 750.00 $ 750.00 --0 $ 750.00 I $
**12" 90 DeClree Bend EA 1 $ 250.00 $ 250,00 125 $ 0.78 $ 97.66 -m$ ~.781 $ 152.34 *.~
X **12"x6"Tee . EA 2 $ 300.00 $ 600.00 350 $ 0.92 $ 323.08 300 I $ ., 0.921 $ 276.92 .;to It
W ** 12" Plug EAlLBS ~ $ 400.00 $ 400.00 50 $ 4.71 $ 235.29 35 $ 4.71 1$ 164.71 it-*
6" 90 Degree Bend ~~$ 100.00 $ 100.00 1 $ 100.00 $ 100.00 01 !._ 100.00 I $
6"Tee ~~$ 1,500.00 $ 1,500.00 1 $ 1,500.00 $ 1,500.00 o :Ii 1,500.00 I $
Hydrostatic IConductivity Testing LF 875 $ 0.50 $ 437.50 875 $ 0.50 $ 437.50 I ----OS 0.50 I $
Cut in 10x4 SanitarY Sewer Wye EA 1 $ 500.00 $ 500.00 1 $ 500.00 $ 500.00 01 $ 500.00 I $
4" Sanitary Sewer LF 155 $ 8.50 $ 1,317.50 155 $ 8.50 $ 1,317.50 o :Ii 8.501$
4" Sanitary Sewer Clean Out EA 2 $ 75.00 $ 150.00 2 $ 75.00 $ 150.00 I 0 $ 75.00 I $
Trench Stabilization Rock ~~$ 8.00 $ 200.00 25 $ 8.00 $ 200.00 0 $ 8.00 1$
-- $ $
38,370.00 30,159.03 $ 8,210.97
I
: Ave. pri~e of B" = $22.00, $35.00 - $22.00 = $13.00 diff. from 8" to 12". I
** Quote prices were converted to price per pound. Quantities were calculated by subtracting actual weight of 12" fittings vs 8" fittings. City will pay for differ~nce between 8" and 12".
G:IPROJECTSI971;2PLBAPl1COSTSPL T.XLS
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Page 1
EXHIBIT C
471.425 PROMPT PAYMENT OF LOCAL GOVER:.'lMENT BILLS.
Subdivision 1. Definitions. For the purposes of this section, the following terms have
the meanings here given them. .
(a) "Contract'" means any written legal document or documents signed by both parties
in which the terms and conditions of any interest or other penalty for late payments are clear-
ly stated.
(b) "Date of receipt" means the completed delivery of the goods or services or the satis-
factory installation. assembly or specified portion thereof, or the receipt of the invoice for the
delivery of the goods or services, whichever is later.
(c) "Governing board" means the elected or appointed board of the municipality and
includes. but is not limited to, city councils, town boards and county boards.
(d) "Municipality" means any home rule charter or statutory city, county. town. school
district, political subdivision or agency of local government. "Municipality" means the met-
ropolitan councilor any board or agency created under chapter 473.
Subd. 2. Payment required. A municipality must pay each vendor obligation accord-
ing to the terms of the contract or, if no contract terms apply. within the standard payment
period unless the municipality in good faith disputes the obligation. Standard payment peri-
od is defined as follows:
(a) For municipalities who have governing boards which have regularly scheduled
meetings at least once a month. the standard payment period is defined as within 35 days of
the date of receipt.
(b) For municipalities whose governing boards do not regularly meet at least once a
month. the standard payment period is defined as 45 days after receipt of the goods or ser-
vices or the invoice for the goods or services. whichever is later.
(c) For joint powers organizations organized under section 471.59, the standard pay-
ment period is within 45 days of the date of receipt.
Subd. 3. Invoice errors. If an invoice is incorrect. defective or otherwise improper. the
municipality must notify the vendor within ten days of the date of receipt. Upon receiving a
corrected invoice from the vendor. the municipality must pay the obligation within the stan-
dard payment period defined in subdivision 2.
Subd. 4. Payment of interest on late payments required. (a) Except otherwise pro-
vided in this section, a municipality shall calculate and pay interest to a vendor if the munici-
pality has not paid the obligation according to the terms of the contract or. if no contract terms
apply, within the standard payment period as detined in subdivision 2. The standard payment
period for a negotiated contract or agreement between a vendor and a municipality which
requires an audit by the municipality before acceptance and payment of the vendor's invoice
shall not be begun until the completion of the audit by the municipality.
(b) The rate of interest calculated and paid by the municipality on the outstanding bal-
ance of the obligation not paid according to the terms of the contract or during the standard
payment period shall be 1-1/2 percent per month or part of a month.
(c) No interest penalties may accrue against a purchaser who delays payment of a ven-
dor obligation due to a good faith dispute with the vendor regarding the fimess of the product
or service. contract compliance. or any defect. error or omission related thereto. If such delay
undertaken by the municipality is not in good,faith. the vendor may recover costs and attor-
ney's fees.
(d) The minimum monthly interest penalty payment that a municipality shall calculate
and pay a vendor for the unpaid balance for anyone overdue bill of $100 or more is $10. For
unpaid balances ofless than $100, the municipality shall calculate and pay the actual interest
penalty due the vendor.
Subd. 4a. Prompt payment to subcontractors. Each contract of a municipality must
require the prime contractor to pay any subcontractor within ten days of the prime contrac-
tor's receipt of payment from the municipality for undisputed services provided by the sub-
contractor. The contract must require the prime contractor to pay interest of 1-1/2 percent per
month or any part of a month to the subcontractor on any undisputed amount not paid on time
to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance
of $100 or more is $10. For an unpaid balance of less than $100. the prime contractor shall
pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action
to collect interest penalties from a prime contractor must be awarded its costs and disburse-
ments. including attorney's fees. incurred in bring~ng the action.
Subd. 5. Applicability. This section applies to all goods. leases and rents. and contracts
for services. construction. repair and remodeling. Purchases from or contracts for service
with a public utility as defined in section 216B.02 or a telephone company as defined in sec-
tion 237.01 that has on file with the public utilities commission an approved practice regard-
ing late fees are not subject to this section.
History: 1985 c 136 s 5; 1995 c 31 s 1
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