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HomeMy WebLinkAbout6A - Westbury Ponds Final Plat I t. AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: ALTERNATIVES: STAFF AGENDA REPORT 6A HORST W. GRASER, DIRECTOR OF PLANNING CONSIDER APPROVAL OF RESOLUTION 93-70 FINAL PLAT OF WESTBURY PONDS AUGUST 16,1993 Westbury Ponds Development Corporation has requested final plat approval of the First Phase of Westbury Ponds. Developers Jim Allen and Tom Kearney have completed the platting process and are in substantial compliance with the preliminary plat which received preliminary approval on May 17, 1993, via Resolution 93-34. The First Phase of Westbury Ponds consists of 36 lots out of a preliminary plat total of 96 lots. The single family development was issued a grading permit earlier which is close to being completed. Outlot A consisting of wetlands and some park land being platted and deeded to the City in this phase in order that the planned trail can be constructed contemporaneously with the development. The developers agreement is currently being prepared and will be ready for signature Monday evening. 1. Approve Resolution 93-70 for final plat of Westbury Ponds. 2. Continue the item. 3. Deny the request. RECOMMENDATION: Alternative number 1. ACTION REQUIRED: Motion to approve Resolution 93-70 AGNA6A -1- 4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY E.."1PLDYER 'RS9370" RESOLUTION 93-70 RESOLUTION OF THE PRIOR LAKE CITY COUNCIL SETTING FORTH CONDITIONS TO BE MET PRIOR TO FILING OF ANAL PLAT FOR WESTBURY PONDS. MOTION BY: SECONDED BY: WHEREAS, the City Council has approved the Final Plat of Westbury Ponds; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, that it should and hereby does require the following conditions to be met, prior to release of, and recording of said plat: I. The plat dedication be subject to the approval of the City Attorney. 2. Payment of park support fees in accordance with City Policy at the time of building pennit. 3. Building pennits shall not be issued until a contract has been awarded for the construction of municipal sewer and water. Occupancy pennits will not be issued until improvements are accepted by the City Engineer. 4. No building pennits shall be issued until the Final Plat is filed and recorded with Scott County. 5. Submittal of any required utility and drainage easements as approved by the City Engineer. 6. No building pennits shall be issued until the City of Prior Lake has received a deed or other means of conveyance acceptable to the City Attorney for Outlot A of Westbury Ponds. 7. A legal opinion or commitment of title insurance be submitted acceptable to the City Attorney. Passed and adopted this 16th day of August, 1993. Yes No Andren Fitzgerald Kedrowski Scott White Andren Fitzgerald Kedrowski Scott White Frank Boyles City Manager City of Prior Lake { Seal } 4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447.4245 AN EQUAL OPPORTC:--iITY EMPLDYER ......,... """-" ~~-.'~"'" - - ,,.. ~ ,.,n., , ~""'!1 ...., ",,;,w:'~ ....,..,~~~".. _U" (J) a 2: o 0... "p ,I , .-r - !Lj I~ 1'\ I ,. ! " \~ 'r~ It!, i~ ;1 s. lj'; l' ~ il! ] l , " ; ~ i I. ii I ; IIi I IE i!.1 h I ; i H ':; I ~i ' . " <. h .0;" jl d P'i s; s" d" L n u H ',I, H i ;' :J !I.j 'I " p', h H I' ~.. ! li ~1 ,i'l i;l. q .d .. . 1; ,. . ,. II- =t , I J 11 , U i Ji . 1 ~ i ,~ , ; ;:!tj ;J . ~ilh . " II p ,} H"5 I- ll.; i; l. it ii pili 1 ! ~ 5 -,'; j Hi!, .0 i~ "..... J :Iie: a ~~ I i~iH n ! " I i h!~~ ~ .,l.u 3 I . 'I I!! ... ... ~ '" ~ ; I '\ i I I- ... 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"'. ,;"~ 7 !I.ll BID TABULATION FOR PROJECT 93-15, SEALCOATING OF STREETS FOR THE CITY OF PRIOR LAKE, MINNESOTA PROJECT NO. 93-15 BIDS OPENED: AUGUST 16, 1993, 10:00 A.M. TOTAL TOTAL BID ALTERNATE BASE CONTRACTOR BOND BID BID 1. ALLIED BLACKTOP COMPANY X SI32.105.00 $119.662.50 2. ASPHALT SURFACE TECHNOLOGIES X $173,325.00 $128,587.50 3. 4. 5. 6. 7. 8. 9. 10. ENGINEER'S ESTIMATE $132,000.00 $127.500.00 t " I hereby certify that this is a true and correct tabulation of the bids as received on dJ7 --/ 6~ 9]" . ~~ *DENOTES CORRECTED FIGURE BIDFM.WRT BY: 9315BF.WRT ORSll373.WRT: RESOLUTION 93-73 RESOLUTION ACCEPTING BID FOR PROJECT NO. 93-15, BITUMINOUS SEALCOATING OF STREETS MOTION BY: SECONDED BY: WHEREAS, pursuant to an advertisement for bids for the bituminous sealcoating of streets. bids were received. opened. and tabulated according to the law, and the following bids were received complying with the advertisement: CONTRACTOR BASE BID $119,662.50 $128.587.50 AL TERNA TE BID $132.105.00 $173.325.00 1. 2. Allied Blacktop Company Astech Corporation AND WHEREAS, it appears that Allied Blacktop COlT\Pany of Ma.ple Grove, Minnesota is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA, that 1. The Mayor and City Manager are hereby authorized to enter into the attached contract with Allied Blacktop Company of Maple Grove. Minnesota in the name of the City of Prior Lake for the bituminous sealcoating of streets; according to the plans and specifications therefore approved by the City Council and on me in the office of the City Manager. 2. The City Manager is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids. except that the deposits of the successful bidder and the next two lowest bidders shall be retained until a contract has been signed. 4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLDYER Passed and adopted this 16th day of August, 1993. YES NO Andren Fitzgerald Kedrowski Scott White Andren Fitzgerald Kedrowski Scott White Frank Boyles City Manager City of Prior Lake { Seal } . '9 ~'Ii,~'lfl~i'f~_f ~ f~li . "'.' . ""..,..I_...........!' }:. \, ,~ ';;':~I;".i'iiNiiI..... .- DOCUMENT 00500 AGREEMENT THIS AGREEMENT, made as of the.lD.th day of Au~st, 1923., by and between ~ Blacktop Company (name of contractor, Le., name of corporation, partnership, all contracting individuals and their business name), a Minnesota cox:poration (name of state where incorporated or formed and whether a corporation, Minnesota general partnership, etc.), hereinafter called the "Contractor", and the City of Prior Lake, a Minnesota municipal corporation (hereinafter called the "Owner" and sometimes referred to as the "City"). RECITALS WHEREAS, Contractor has been selected by the Owner in accordance with Minnesota law to provide materials, equipment and labor necessary for construction and completion of certain improvements as set forth herein, and WHEREAS, Contractor has agreed to perform its obligations, covenants and undertakings as contained herein in consideration for payment as contained herein, NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions as hereinafter set forth, the parties agree as follows: 1. The Contractor agrees to provide all the materials, equipment and labor necessary for the complete construction of all the improvements, work and/or obligations of Contractor (hereinafter referred to as "Work") as required by the drawings, specifications, exhibits, conditions, covenants and agreements as contained in the documents prepared by the City of Prior Lake's Department of Public Works for Project.23.:.l.i, collectively referred to as "Contract Documents", and to do everything required by the Contract Documents previously furnished to the Contractor by the Owner and receipted for by the Contractor. 2. The Contractor agrees that the Work contemplated by the Contract Documents shall be entirely completed on or before S~tember 15. 19.2.3. 3. The Owner agrees to pay Contractor in current funds for the performance of its obligations pursuant to the Contract Documents the sum of one-hundred. nineteen-thousand. six-hundred. sixty-two and fifty-l00ths Dollars ($119.662.50), subject to the additions and deductions as provided for in the specifications to the Contract Documents as provided for in said specifications, except as hereinafter stated: 4. The Contractor and the Owner agree that the Contract Documents, including but not limited to the specifications, drawings, standard general conditions, instructions to bidder, supplementary conditions, special provisions, standard utility specifications, if any, and Contractor bids, and such other provisions as contained in the Contract Documents, are Page 1 incorporated herein by reference and are a part of this Agreement as if attached or repeated . herein. With respect to the drawings and specifications which are part of the Contract Documents, the Contractor and Owner agree that the following shall constitute a complete list of said drawings and specifications: Specifications: Specifications for City Project #93-15 as per Contract Documents Drawings: Drawing No.1 of 1 5. Prior to execution of this Agreement, the Contractor shall furnish to the Owner for review by the City Engineer and/or City Attorney all bid bonds, performance bonds, letters of credit, insurance certificates, evidence of insurance in final form, as required by the Contract Documents. In addition, prior to execution of this Agreement, the Contractor, if a partnership or corporation, shall furnish to the City Engineer and/or City Attorney such resolutions, opinions of counsel, or evidence of authority required to ensure that the Contractor, upon its execution of this Agreement, shall be fully bound by its terms. 6. Contractor Representations. Contractor represents and warrants that neither the execution and delivery of this Agreement, consummation of the transactions contemplated hereby, nor the fulfillment of or a compliance with the tenns and conditions of this Agreement is prevented or limited by, or in conflict with or will result in breach of, the terms, conditions or provisions of any restriction of Contractor, or evidence of indebtedness, agreement or instrument of whatever nature to which Contractor is now party or by which it is bound or will constitute a default under any of the foregoing. Contractor further represents and warrants that Contractor will cooperate with the Owner with respect to any litigation commenced with respect to the Work contemplated herein. Contractor represents and warrants that the Work will conform to all laws, regulations and ordinances of all local, state and federal government authorities. 7. Non-Discrimination. The provisions of Minnesota Statutes, Section 181.59, and of Chapter 11, TItle 1, of Prior Lake City Code, which relate to civil rights and discrimination and affmnative action shall be considered a part of this Agreement as though wholly set forth herein, and Contractor agrees to comply therewith. In addition, Contractor specifically agrees: a. That with respect to any and all businesses conducted or acts performed pursuant to this Agreement, Contractor shall be deemed an employer within the meaning of Chapter 11 and shall be subject to the provisions of Chapter 11. b. That in the event Contractor fails to perform the aforesaid contractual provisions of Chapter 11, this Agreement may forthwith be terminated and cancelled in whole or in part by Owner and Contractor shall be liable for any costs or expense incurred by Owner in obtaining from other sources the Work and services to be rendered or performed or the goods or properties to be furnished or delivered to Owner under this Agreement so terminated or cancelled. Page 2 ."'" 'oIIil -'-'~~I. ;~~ .'J:! 'VI .. ~__:!I\>"ftJ!tll,jJ:.".t, ,".L1iii:-.d'~-'_ 4!]', ,,':~kilialllllU"~"~ . "'" c. That should Owner in a proceeding brought as provided in Chapter 11 fmd that Contractor has engaged in discrimination in connection with this Agreement and issue a cease and desist order with respect thereto, Owner shall uphold up to 15% of the said contract price, if applicable, until such time as Owner's order has been complied with or said other contracting party has been adjudicated not guilty of such discrimination. d. That Contractor will pennit access to any and all records pertaining to hiring and employment and to other pertinent data and records for the purpose of enabling Owner, its agencies or representatives, to ascertain compliance with the provisions of Chapter 11 applicable to Contractor. e. That Chapter 11 shall be binding on all contractors, subcontractors, or suppliers. 8. Assignment. Contractor represents and agrees for itself, its successors and assigns that Contractor has not made or created and that it will not make or create or suffer to be made or created any total or partial sale, assignment, conveyance or any trust or power to transfer in any other mode or form of or with respect to this Agreement or any part thereof or interest therein or in Contractor without the prior written approval of Owner. 9. General. a. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto. b. Whenever in this Agreement it shall be required or pennitted that notice or demand be given or served by either party to this Agreement to or on the other party, such notice shall be delivered personally or mailed by United States mail to the addresses hereinafter set forth by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The address of the parties hereto are as follows, until changed by notice given as above: If to the Owner: City Engineer 4629 Dakota Street S.E. Prior Lake, MN. 55372 With a copy to: Glenn R. Kessel, Esq. LOMMEN, NELSON, COLE & STAGEBERG, P.A. 1800 IDS Center 80 South Eighth Street Minneapolis, MN. 55402 Page 3 If to Contractor: Allied Blacktop Company 10503 89th Avenue North Maple Grove, MN 55369 With a copy to: c. Except as otherwise provided in this Agreement, the rights and remedies of the parties to this Agreement, whether provided by law or by this Agreement shall be cumulative, and the exercise by either party of anyone or more of such remedies shall not preclude the exercise by it, at the same or different times, of any other such remedies for the same default or breach or of any of its remedies for any other default or breach or of any of its remedies for any other default or breach by the other party. No waiver made by either such party with respect to the performance, or manner of time thereof, or any obligation under this Agreement shall be considered a waiver of any rights of the party making the waiver with respect to the particular obligation of the other party or condition to its own obligation beyond those expressly waived in writing and to the extent thereof, or a waiver in any respect in regard to any other rights of the party making the waiver of any other obligation of the other party. Delay by a party hereto in instituting or prosecuting any cause of action or claim hereunder shall not be deemed a waiver of any rights hereunder. d. This Agreement may be amended by the parties hereto only by written instrument executed in accordance with the same procedures and formality followed for the execution of this Agreement. e. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. Page 4 .ilI- I"iliilrdiillillilli. 11 ..... .. ,\<. ;_ _W\. ,_,.,_..."..,; .'".. .'.t.. _'''''"'''~':''IL. " ~ ...,,',.:;..,:..:I"';...,....._~~..:I..,..' ...... _il: :.,.~, .f. IN WITNESS WHEREOF, Owner and Contractor have caused this Agreement to be duly executed on the day and year fIrst above written. Approved by the City Council on the.l.61h day of Au~st, 1921. CITY OF PRIOR LAKE By Its Mayor By Its City Manager CONTRACTOR: By Its By Its Approved as to form: 9315AG.WIrr Page 5 f ~2':'l.ill~J,.:;...... jjJj-;,rc:'.._' :-:-l ,~."~-..