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HomeMy WebLinkAboutCC agenda 6-23-10CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA June 23, 2010 A. CALL TO ORDER: 7:00 PM B. ROLL CALL: LINDSTROM ____ HARRIS ____ GOSLINE ____ LONG ____ MERCER-TAYLOR ____ MILLER ____ C. PRESENTATIONS: 1. Resolution Proclaiming Thor Kommedahl Day 2. Annual MS-4 Presentation-Tim Pittman, Parks and Public Works Director D. APPROVAL OF MINUTES: June 9, 2010 E. PUBLIC HEARINGS: F. CONSENT AGENDA: 1. General Disbursements through 6/3/10: $142,776.78 Payroll through 5/27/10: $15,638.23 2. City License Applications 3. Citizen Corps Grant Transfer 4. Acceptance of Donation to Forestry Program 5. St. Paul Regional Water Services Cost Share Agreement 6. Combination of Deputy City Clerk and Recreation Supervisor Duties G: POLICY ITEMS: 1. Award of Bid – Larpenteur Avenue Streetscape Project-Updated H. INFORMATION/ANNOUNCEMENTS: I. COMMUNITY FORUM: J. ADJOURNMENT: ???? CITY OF FALCON HEIGHTS COUNCIL RESOLUTION June 23, 2010 No. 10-09 -----------------------------------------------------------Resolution Proclaiming Thor Kommedahl Day WHEREAS, Thor Kommedahl has been a resident of Falcon Heights since 1953, living in an apartment, then a single family home, and today at 1666 Coffman; and WHEREAS, Dr. Kommedahl has been a valued member of not only the Falcon Heights community but also as a longtime professor of plant pathology at the University of Minnesota, St. Paul Campus, where he also earned three academic degrees; and WHEREAS, Dr. Kommedahl is a devoted jogger and a testament to healthy living; and WHEREAS, Dr. Kommedahl recently passed a significant milestone by jogging the equivalent of the distance around the equator, a total of 24,902 miles; and WHEREAS, these miles were logged at the gym on the St. Paul campus, where he has been keeping track of his mileage since 1968; and WHEREAS, whereas Dr. Kommedahl is not content with reaching this admirable goal, and has embarked on another journey which includes running the distance around Lake Superior; and WHEREAS, Dr. Kommedahl is a fine example of how exercise can lead to a long, productive, and happy life; and WHEREAS, today, on behalf of the City of Falcon Heights, we join together in celebrating Dr. Kommedahl’s devotion to Falcon Heights and his healthy lifestyle and encourage others to follow his example; NOW, THEREFORE BE IT RESOLVED, that the Falcon Heights City Council does hereby proclaim June 23, 2010 as Dr. Thor Kommedahl Day in appreciation of his contributions to the community and for the example that he sets everyday. ---------------------------- -----------------------------------Moved by: Approved by: ________________________ Peter Lindstrom, Mayor June 23, 2010 LINDSTROM ____ In Favor Attested by: ________________________ GOSLINE Justin Miller HARRIS ____ Against City Administrator LONG June 23, 2010 MERCER-TAYLOR CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA June 9, 2010 A. CALL TO ORDER: 7:00 PM B. ROLL CALL: LINDSTROM _X_ HARRIS _X_ GOSLINE _X_ LONG _X_ MERCER-TAYLOR _X_ MILLER _X_ CITY ATTORNEY KNUTSON _X_ C. PRESENTATIONS: 1. Resolution Proclaiming Gay Pride Week Chuck Long Moved Approval 5-0 D. APPROVAL OF MINUTES: May 26, 2010 Approved E. PUBLIC HEARINGS: F. CONSENT AGENDA: Pam Harris Moved Approval 5-0 1. General Disbursements through 6/3/10: $142,776.78 Payroll through 5/27/10: $15,638.23 2. City License Applications 3. 2010 Boulevard Tree Replacement Contract 4. Establish a General Obligation Equipment Fund and Capital Equipment Fund G: POLICY ITEMS: 1. Recycling Services Request for Proposals-Updated 6/7/10 Beth Mercer-Taylor Moved Approval 5-0 2. Amendment to Sign Code Ordinance 10-03 Pam Harris Moved Approval 5-0 3. Conditional Use Permit for a dental laboratory in the Spire Credit Union Building, 2025 Larpenteur Avenue W. Keith Gosline Moved Approval 5-0 H. INFORMATION/ANNOUNCEMENTS: I. COMMUNITY FORUM: J. ADJOURNMENT: 7:35pm REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ Meeting Date June 23, 2010 Agenda Item Consent F1 Attachment General Disbursements and Payroll Submitted By Roland Olson, Finance Director The City That Soars! Item General Disbursements and Payroll Description General Disbursements through 6/16/10: $101,509.82 Payroll through 6/15/10: $16,653.54 Budget Impact Attachment(s) General Disbursements and Payroll Action(s) Requested Staff recommends that the Falcon Heights City Council approve general disbursements and payroll. REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ Meeting Date June 23, 2010 Agenda Item Consent F2 Attachment N/A Submitted By Michelle Tesser, Deputy City Clerk The City That Soars! Item City License Applications Description The following individuals have applied for a Mechanical Contractor’s License for 2010. Staff has received the necessary documents for licensure. 1. Paul Falz Co. N/A Attachment(s) N/A Action(s) Requested Staff recommends that the Falcon Heights City Council approve the 2010 City License Applications. REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ Meeting Date June 23, 2010 Agenda Item Consent F3 Attachment Submitted By Roland Olson, Finance Director The City That Soars! Item Citizen Corps Grant transfer Description There are additional expenses of $294.82 for the CERT grant that were not reimbursed. These expenses would normally have been located within the emergency preparedness account #121 within the general fund. In the past, the city has benefited greatly from the CERT grants which it has received and staff feels that the emergency preparedness account within the general fund has sufficient funds to cover this transfer amount. Budget Impact Transfer $294.82 from the general fund to eliminate this deficit in the special revenue fund 212. Attachment(s) NA Action(s) Requested Staff recommends transferring $294.82 from the general fund to cover the deficit in the special revenue citizen corps grant 212. REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ Meeting Date June 23, 2010 Agenda Item Consent F4 Attachment Submitted By Justin Miller, City Administrator The City That Soars! Item Acceptance of Donation to Forestry Program Description Recently the city received a letter along with a $75 check that the donor, Diane Ross, wanted to be put towards the city’s forestry program. Ms. Ross was very happy with the service and advice she received from our city forester, Andy Hovland, and wanted to be sure that his efforts did not go unrecognized. According to state statutes and past city practice, city council approval is required when accepting gifts or donations to the city. Budget Impact $75 will be allocated to the 2010 forestry budget. Attachment(s) N/A Action(s) Requested Staff recommends that the Falcon Heights City Council accept a $75 donation from Diane Ross to be put towards the Falcon Heights forestry budget. REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ Meeting Date June 23, 2010 Agenda Item Consent F5 Attachment Cooperative Cost Share Understanding Attachment A Submitted By Justin Miller, City Administrator The City That Soars! Item St. Paul Regional Water Services Cost Share Agreement Description Last year the City of Falcon Heights conducted a mill and overlay improvement project in the Maple Knoll/Fry/Garden area. Alongside this work, St. Paul Regional Water Services (SPRWS) replaced water services that had been the subject of numerous repairs over the past several years. Since this work created a higher project cost to the City of Falcon Heights, SPRWS agreed to pay for the increased expenditures. The City has received reimbursement from SPRWS, but a formal cost-share agreement was never formalized. Attached to this report is an agreement that SPRWS is asking be approved by the City of Falcon Heights Budget Impact N/A – money was received and allocated towards 2009 project project Attachment(s) Cooperative cost share understanding Action(s) Requested Staff recommends that the Falcon Heights City Council adopt the cooperative cost share agreement with St. Paul Regional Water Services. COOPERATIVE COST SHARE UNDERSTANDING Between BOARD OF WATER COMMISSIONERS OF THE CITY OF SAINT PAUL and CITY OF FALCON HEIGHTS THIS UNDERSTANDING, made and entered into this ______ day of ____________ 2010, by and between the BOARD OF WATER COMMISSIONERS OF THE CITY OF SAINT PAUL, (the “Board”), acting through its Saint Paul Regional Water Services General Manager (“SPRWS General Manager”), and the CITY OF FALCON HEIGHTS (“Falcon Heights”). WITNESSETH: WHEREAS, Falcon Heights and the Board entered into an agreement dated July 9, 1997 for the provision of water service by the Board to properties within Falcon Heights (the “Agreement”); and WHEREAS, Falcon Heights and the Board entered into an Amendment No. 1 to Agreement dated March 10, 2009, which provided for water facility support work (“Support Work”) within Falcon Heights street projects; and WHEREAS, said Amendment No. 1 to Agreement further provided that Falcon Heights and the Board shall negotiate a Cooperative Cost Share Understanding for each street project that is to include Support Work in order to define the work responsibilities and cost obligations of the parties with respect to Support Work. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and in accordance with said Amendment No. 1 to Agreement, the parties mutually agree as follows: 1. Falcon Heights shall obtain bids for water facility support work as part of its 2009-2010 Mill and Overlay Projects. The Support Work shall consist of excavation, pipe handling, backfilling, restoration, and all other work necessary to support water facility work to be performed by Board forces within the boundaries of the 2009-2010 Mill and Overlay Projects. Streets in which Board forces will perform water facility work are Garden Avenue, Maple Knoll Drive and Fry Street, as shown on Attachment A, attached hereto and incorporated herein; and 2. Based upon bid prices contained in a contract duly awarded by Falcon Heights for construction of the 2009-2010 Mill and Overlay Projects, and upon quantities agreed to by the parties, Falcon Heights shall provide the Board with itemized invoices showing the costs for completed Support Work; and 3. The Board shall pay such itemized costs. S:\CC AGENDAS\2010 CC Agendas\Docs for June 23\F5 2 Falcon Heights_Cooperative Cost Share Understanding_Mapleknoll_04-23-10.doc Page 1 of 2 S:\CC AGENDAS\2010 CC Agendas\Docs for June 23\F5 2 Falcon Heights_Cooperative Cost Share Understanding_Mapleknoll_04-23-10.doc Page 2 of 2 IN WITNESS WHEREOF, the parties hereto have caused this Cooperative cost Share Understanding to be executed as of the day and year first above written. Approved as to Form: BOARD OF WATER COMMISSIONERS _____________________________ By _____________________________ Assistant City Attorney Stephen P. Schneider, General Manager CITY OF FALCON HEIGHTS By_____________________________ Peter Lindstrom, Mayor By________________________ ____ Justin Miller, City Clerk/Administrator REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ Meeting Date June 23, 2010 Agenda Item Consent F6 Attachment N/A Submitted By Justin Miller, City Administrator The City That Soars! Item Combination of Deputy City Clerk and Recreation Supervisor Duties Description With the recent resignation of Recreation Supervisor Lisa Abernathy, there is an opportunity to reevaluate our staffing and service levels in recognition of current and future budget demands. At a recent city council workshop, the role of recreation programs was discussed and it was agreed that the running our own programs was a service that should be continued. However, these duties could be absorbed by a person who also fills the deputy clerk position. Staff has evaluated this option and feels that combining these positions will work, but will also require that a part time office assistant be hired to handle day-to-day tasks that the deputy clerk position will need to be freed from in order to adequately address their other duties. Combining these positions, along with adding a part-time employee, will result in roughly $20,000 in salary savings. At various times in the past, we have had a fulltime deputy city clerk, a full-time recreation supervisor, and a part-time office assistant. Under the proposed arrangement, we would have one full-time assistant to the city administrator position and a part-time (20 hours per week) office assistant. Staff is recommending that the combined position be changed from a Deputy City Clerk/Recreation Supervisor to an Assistant to the City Administrator title. This combination of duties is pretty rare, and finding comparable job descriptions and pay scales will be difficult. The amount of duties under this position will be comparable to other assistant level positions and the title will better reflect the level of responsibilities that the position is assuming. Budget Impact Overall budget savings will be roughly $20,000. Attachment(s) None Action(s) Requested Staff recommends that the Falcon Heights City Council approve Michelle Tesser as Assistant to the City Administrator, adjust her status to full-time with an annual salary of $45,000, and authorize staff to begin the hiring process for a part-time office assistant. REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ Meeting Date June 23, 2010 Agenda Item Policy G1 Attachment Larpenteur Avenue Streetscape Contract Submitted By Justin Miller, City Administrator The City That Soars! Item Award of Bid – Larpenteur Avenue Streetscape Project – UPDATED Description For the past two years, the city council, staff, advisory committee, and consultants have been working on designs for the Larpenteur Avenue Streetscape project. On June 15th bids for this project were opened. The results are as follows: Thomas and Sons Construction, Inc. $599,338.80 Ti-Zack Concrete, Inc. $662,891.67 The engineer’s estimate on this project was $650,000. 6/23/10 UPDATE Attached to this report is a contract between the city and Thomas and Sons Construction, Inc. for the Larpenteur Avenue streetscape project. This contract was drafted by the city attorney and has been agreed to by the contractor. Budget Impact It is anticipated that the project will be paid for by excess Tax Increment Financing (TIF) funds. Attachment(s) Larpenteur Avenue Streetscape Construction Contract Action(s) Requested Staff recommends that the Falcon Heights City Council award the construction bid for the Larpenteur Avenue Streetscape project to Thomas and Sons Construction, Inc. A formal contract will be brought to the city council for approval in July. Staff is also seeking approval of the attached contract with Thomas and Sons Construction, Inc. in the amount of $599,338.80 AGREEMENT BETWEEN CITY OF FALCON HEIGHTS AND CONTRACTOR FOR CONSTRUCTION CONTRACT THIS AGREEMENT made this _____ day of _____________, 2010, by and between the CITY OF FALCON HEIGHTS, a Minnesota municipal corporation (“Owner” or “City”) and THOMAS & SONS CONSTRUCTION, INC., a Minnesota corporation (“Contractor”). Owner and Contractor, in consideration of the mutual covenants set forth herein, agree as follows: 1. CONTRACT DOCUMENTS. The following documents 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 verbatim and in full herein: A. This Agreement. B. Standard General Conditions of the Construction Contract, EJCDC C-700, 2007, as amended by City of Falcon Heights Supplementary Conditions to the General Conditions. C. Specifications prepared by SRF Consulting Group, Inc. D. Drawing (52 sheets), prepared by SRF Consulting Group, Inc. E. Contractor’s Bid. In the event of a conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts with Contract Document “A” having the first priority and Contract Document “E” having the last priority. 2. OBLIGATIONS OF THE CONTRACTOR. The Contractor shall provide the goods, services, and perform the work in accordance with the Contract Documents. 3. CONTRACT PRICE. Owner shall pay Contractor for completion of the Work, in accordance with the Contract $599,338.80 inclusive of taxes, if any. 4. PAYMENT PROCEDURES. A. Contractor shall submit Applications for Payment. Applications for Payment will be processed by the City Engineer. B. Progress Payments; Retainage. Owner shall make 95% progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment during performance of the Work. C. Payments to Subcontractors. (1) Prompt Payment to Subcontractors. Pursuant to Minn. Stat. § 471.25, Subd. 4a, the Contractor must pay any subcontractor 152424v01 RNK:06/15/2010 1 within ten (10) days of the Contractor’s receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor must pay interest of 1 ½ 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 $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual penalty due to the subcontractor. (2) Form IC-134 (attached) required from general contractor. Minn. Stat. § 290.92 requires that the City of Falcon Heights obtain a Withholding Affidavit for Contractors, Form IC-134, before making final payments to Contractors. This form needs to be submitted by the Contractor to the Minnesota Department of Revenue for approval. The form is used to receive certification from the state that the vendor has complied with the requirement to withhold and remit state withholding taxes for employee salaries paid. D. Final Payment. Upon final completion of the Work, Owner shall pay the remainder of the Contract Price as recommended by the City Administrator 5. COMPLETION DATE. The Work must be completed by November 15, 2010, and completed and ready for final payment in accordance with the General Conditions within 15 (fifteen) days after the date when work is complete. 6. CONTRACTOR’S REPRESENTATIONS. A. Contractor has examined and carefully studied the Contract Documents and other related data identified in the Contract Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local laws and regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) 152424v01 RNK:06/15/2010 2 which have been identified in the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site. E. Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. F. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Subcontracts: (1) Unless otherwise specified in the Contract Documents, the Contractor shall, upon receipt of the executed Contract Documents, submit in writing to the Owner the names of the Subcontractors proposed for the work. Subcontractors may not be changed except at the request or with the consent of the Owner. (2) The Contractor is responsible to the Owner for the acts and omissions of the Contractor's subcontractors, and of their direct and indirect employees, to the same extent as the Contractor is 152424v01 RNK:06/15/2010 3 responsible for the acts and omissions of the Contractor's employees. (3) The Contract Documents shall not be construed as creating any contractual relation between the Owner and any subcontractor. (4) The Contractor shall bind every subcontractor by the terms of the Contract Documents. 7. WORKER’S COMPENSATION. The Contractor shall obtain and maintain for the duration of this Contract, statutory Worker’s Compensation Insurance and Employer’s Liability Insurance as required under the laws of the State of Minnesota. 8. COMPREHENSIVE GENERAL LIABILITY. Contractor shall obtain the following minimum insurance coverage and maintain it at all times throughout the life of the Contract, with the City included as an additional name insured on the general liability insurance on a primary and noncontributory basis. The Contractor shall furnish the City a certificate of insurance satisfactory to the City evidencing the required coverage: Bodily Injury: $2,000,000 each occurrence $2,000,000 aggregate products and completed operations Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Contractual Liability (identifying the contract): Bodily Injury: $2,000,000 each occurrence Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Comprehensive Automobile Liability (owned, non-owned, hired): Bodily Injury: $2,000,000 each occurrence $2,000,000 each accident Property Damage: $2,000,000 each occurrence 9. WARRANTY. The Contractor warrants that landscape material will survive for at least two years from the date of planting. The Contractor shall be held responsible for any and all defects in workmanship, materials, and equipment which may develop in any part of the contracted service, and upon proper notification by the City shall immediately replace, without cost to the City, any such faulty part or parts and damage done by reason of the same in accordance with the bid specifications. 152424v01 RNK:06/15/2010 4 10. INDEMNITY. The Contractor agrees to indemnify and hold the City harmless from any claim made by third parties as a result of the services performed by it. In addition, the Contractor shall reimburse the City for any cost of reasonable attorney’s fees it may incur as a result of any such claims. 11. PERFORMANCE AND PAYMENT BONDS. Performance and payment bonds are not required for the doing of any public work if the contract price is $75,000 or less. On projects of more than $75,000 for the doing of public work a payment bond and performance bond each in the amount of the contract price must be furnished to the City prior to commencement of work. The form of the bonds must satisfy statutory requirements for such bonds. 12. MISCELLANEOUS. A. Terms used in this Agreement have the meanings stated in the General Conditions. B. Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. C. Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provisions. D. Data Practices/Records. (1) All data created, collected, received, maintained or disseminated for any purpose in the course of this Contract is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. (2) All books, records, documents and accounting procedures and practices to the Contractor and its subcontractors, if any, relative to this Contract are subject to examination by the City. E. Software License. If the equipment provided by the Contractor pursuant to this Contract contains software, including that which the manufacturer may have embedded into the hardware as an integral part of the 152424v01 RNK:06/15/2010 5 equipment, the Contractor shall pay all software licensing fees. The Contractor shall also pay for all software updating fees for a period of one year following cutover. The Contractor shall have no obligation to pay for such fees thereafter. Nothing in the software license or licensing agreement shall obligate the City to pay any additional fees as a condition for continuing to use the software. F. Patented devices, materials and processes. If the Contract requires, or the Contractor desires, the use of any design, device, material or process covered by letters, patent or copyright, trademark or trade name, the Contractor shall provide for such use by suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed with the Owner. If no such agreement is made or filed as noted, the Contractor shall indemnify and hold harmless the Owner from any and all claims for infringement by reason of the use of any such patented designed, device, material or process, or any trademark or trade name or copyright in connection with the Project agreed to be performed under the Contract, and shall indemnify and defend the Owner for any costs, liability, expenses and attorney's fees that result from any such infringement. G. Assignment. Neither party may assign, sublet, or transfer any interest or obligation in this Contract without the prior written consent of the other party, and then only upon such terms and conditions as both parties may agree to and set forth in writing. H. Waiver. In the particular event that either party shall at any time or times waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or any succeeding breach of this Contract by either party, whether of the same or any other covenant, condition or obligation. I. Governing Law/Venue. The laws of the State of Minnesota govern the interpretation of this Contract. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Ramsey County. J. Severability. If any provision, term or condition of this Contract is found to be or become unenforceable or invalid, it shall not effect the remaining provisions, terms and conditions of this Contract, unless such invalid or unenforceable provision, term or condition renders this Contract impossible to perform. Such remaining terms and conditions of the Contract shall continue in full force and effect and shall continue to operate as the parties’ entire contract. 152424v01 RNK:06/15/2010 6 152424v01 RNK:06/15/2010 7 K. Entire Agreement. This Contract represents the entire agreement of the parties and is a final, complete and all inclusive statement of the terms thereof, and supersedes and terminates any prior agreement(s), understandings or written or verbal representations made between the parties with respect thereto. L. Permits and Licenses; Rights-of-Way and Easements. The Contractor shall give all notices necessary and incidental to the construction and completion of the Project. The City will obtain all necessary rights-ofway and easements. The Contractor shall not be entitled to any additional compensation for any construction delay resulting from the City’s not timely obtaining rights-of-way or easements. M. If the work is delayed or the sequencing of work is altered because of the action or inaction of the Owner, the Contractor shall be allowed a time extension to complete the work but shall not be entitled to any other compensation. OWNER: CONTRACTOR: CITY OF FALCON HEIGHTS THOMAS & & SONS CONSTRUCTION, INC. BY: ________________________________ BY: ______________________________ Peter Lindstrom, Mayor Its: _________________________ AND ________________________________ Justin Miller, City Administrator/Clerk CITY OF FALCON HEIGHTS SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS The following supplements shall modify, change, delete from and/or add to the “Standard General Conditions of the Construction Contract” (No. C-700, 2002 Edition), as prepared by the Engineers’ Joint Contract Documents Committee. 1.00 SECTION 2.7: Delete paragraph 2.01B and insert the following: Before any work at the site is started, Contractor shall deliver to Owner certificates (and other evidence of insurance requested by Owner) which Contractor is required to purchase and maintain in accordance with paragraph 5.03B. 2.00 SECTION 5.01B: Delete. 3.00 SECTION 5.04: Delete. 6.00 SECTIONS 4.06G, 5.05, 5.07, 11.01A5F, 11.03D, 12.03B, 15.03.A3, 15.03A4: Delete these eight (8) sections. 7.00 SECTION 5.09: Delete Section 5.09 and insert the following: If Owner has any objection to the coverage afforded by or other provisions of the insurance required to be purchased and maintained by Contractor on the basis of its not complying with the Contract Documents, Owner shall notify Contractor in writing thereof within ten days of the date of delivery of such certificates to Owner in accordance with paragraph 2.01. Contractor shall provide such additional information in respect of insurance provided as may reasonably be requested. 8.00 SECTION 13.07: One Year Correction Period Change first sentence of Section 13.07A to read as follows: If, within one year after the date of final payment and acceptance by the City of Falcon Heights, any work is found to be defective, the Contractor should promptly, without cost to the Owner and in accordance with the City Administrator’s written instructions, either correct such defective work or if it has been rejected by the City Administrator, remove it from the site and replace it with non-defective work. 9.00 PROMPT PAYMENT TO SUBCONTRACTORS: Pursuant to Minnesota Statute 471.25, Subdivision 4a, the Contractor must pay any subcontractor within ten (10) days of the Contractor’s receipt of payment from the City for undisputed services provided by 140400v01 SC-8 RNK:08/06/2010 140400v01 SC-9 RNK:08/06/2010 the subcontractor. The Contractor must pay interest of one and one-half percent (1 ½ %) 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 $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails 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. 10.00 REQUIREMENTS FOR FINAL PAYMENT: Final payment will not be made until the Contractor, and all subcontractors, furnish a certificate showing that they have complied with the provisions of M.S.A. 290.92 and 290.97 concerning the withholding of Minnesota income tax on wages at the source. Said certificates shall be obtained by the Commissioner of Taxation. IC-134 forms for certifications may be obtained from the Department of Revenue, Centennial Building, 658 Cedar Street, St. Paul, MN 55155. 11.00 DATA PRACTICES ACT: The Contractor must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the Owner pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the Contractor pursuant to this Agreement. The Contractor is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event the Contractor receives a request to release data, the Contractor must immediately notify the Owner. The Owner will give the Contractor instructions concerning the release of the data to the requesting party before the data is released. Contractor agrees to defend, indemnify, and hold the Owner, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Contractor’s officers’, agents’, owners’, partners’, employees’, volunteers’, assignees’ or subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 12.00 SECTION 14.02A3: Delete Section 14.02A3 and insert the following: The amount of retainage with respect to all progress payments will be as follows: Minnesota Contractor’s -5% Exempt Non-Minnesota Contractors -5% Non-Except Non-Minnesota Contractors -5% + 8% = 13% *State Surety Deposit Non-Minnesota Contractors are advised to file Form SD-3 with the Minnesota Department of Revenue to determine their exemption status.