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Home My WebLink About2014-068 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 14-68 RESOLUTION APPROVING THE DEPOSIT AGREEMENT FOR ROBINSON DRIVE IMPROVMENT PROJECT CENTURY FARM NORTH WHEREAS, pursuant to Resolution No. 14-43 adopted by the City Council on July 28, 2014, the City approved the Amendment to PUD Development Stage Plan/Preliminary Plat for Century Farm North; and WHEREAS, the plat requires the improvement of Robinson Drive by the extension of street, sanitary sewer, watermain, storm sewer and pedestrian improvements ("Improvement Project"); and WHEREAS, Century Farm North Development, Inc. and Jeffrey E. Morell (collectively, the Owner) are the owners of certain real property in the City abutting said Improvement Project; and WHEREAS, the Owner requests that the City prepare the plans and specifications for the extension of Robinson Drive; and WHEREAS, the Owner agrees to deposit a cash escrow with the City, per the deposit agreement; and WHEREAS, the City is willing to prepare the plans and specification for extending Robinson Drive in conjunction with the Petition and Waiver Agreement, and at no cost to the City; NOW, THEREFORE, BE IT RESOLVED by The City Council of The City of Lino Lakes approves the deposit agreement and authorizes the Mayor and City Clerk to execute said agreement on behalf of the City. Adopted by the Council of the City of Lino Lakes this 28th day of July, 2014. The motion for the adoption of the foregoing resolution was introduced by Council Member Rafferty and was duly seconded by Council Member Stoesz and upon vote being taken thereon, the following voted in favor thereof: Rafferty, Stoesz, Roeser, Kusterman, Reinert The following voted against same: none ATTEST: iahne Bartell, City Cler A Jeff Rei ' rt 7a.yor CITY OF LINO LAKES DEPOSIT AGREEMENT This AGREEMENT is made and entered into this 28th day ofJuly, 2014, by Century Farm North Development, Inc. & Jeffrey E. More11, (hereinafter, The Developer), for the benefit of the City of Lino Lakes, a Minnesota Municipal corporation, (hereinafter, The City). WHEREAS, the Developer has requested that the City prepare the following document as part of a proposed project to be located in the Century Farm North Development 6th Addition: 1. To complete the design and bidding for the Robinson Drive Improvement Project as set forth in the proposal from WSB & Associates, Inc., dated July 23, 2014, attached hereto as Exhibit A. (the "Requested Work"); and, WHEREAS, in conjunction with the City's preparation of the Requested Work the City will incur consulting costs, and the City requires a guaranty that such costs will be paid by the Developer.; and WHEREAS, the cost of completing the Requested Work is $35,000.00; and WHEREAS, the Developer acknowledges the receipt of a benefit from the City's preparation of the L.,, Requested Work; NOW, THEREFORE, the Developer agrees as follows for the benefit of the City: 1. Deposit. The Developer shall deposit the following amounts, which represents 100% of the estimated cost of the Requested Work, into an escrow account with the City, which shall receive and hold such deposit (hereafter collectively referred to as the "Deposit Funds") solely under the terms of this agreement. Requested Work Amount a. Design and Cost Estimate $ 3.000.00 2. Use of Deposit Funds. The City may, at any time, draw upon the Deposit Funds to pay for administrative or consulting costs incurred in preparing the requested work. 3. Conditions of Deposit. The following conditions shall apply to the Deposit Funds: a. Payment shall be made to the city consultants in the amounts actually billed. A copy of the invoice shall be provided to the Developer. b. The City shall not be responsible for paying any interest on the Deposit Funds. 4. Positive Balances in Account. In the event there is a positive balance in the deposit account upon completion of the Requested Work the balance shall be paid to the Developer within ninety (90) days of receipt by the City of a written request by the Developer for payment. 5. Negative Balances in Account. In the event there is a negative balance in the deposit account upon completion of the Requested Work the balance shall be paid to the City of Lino Lakes within ninety (90) days of receipt by the Developer for payment. 6. Accounting. Upon Request by the Developer, the City will provide an accounting of all expenses charged against the account, but in no event more often than once every 30 days. An accounting will be provided when the account is closed. 7. Application Fees. Applicant understands and agrees that the Deposit Funds are in addition to, and not in lieu of, any City Land Use application fees that may be required to process a development application. 8. Amendments. No amendment or change of any kind to this Agreement shall be valid unless made in writing and with the consent of the City. 9. Binding Agreement. Applicant recognizes and agrees that all terms and conditions of this Agreement shall be binding upon the heirs, successors, administrators, and assigns of the 10. Validity. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Agreement. IN WITNESS WHEREOF, the Developer has caused these presents to be executed as ofthe day and year aforesaid. DEVELOPER(S) By: Its: STATE OF MINNESOTA ) )ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2014, by , the of , a Minnesota , on behalf of the Notary Public EXHIBIT A PROPOSAL FOR DESIGN AND BIDDING WSB & Asxuciaica. Jar. July 23, 2014 City of Lino Lakes Mr. Michael Grochala 600 Town Center Parkway Lino Lakes, MN 55014 477 Temperance Street St. Paul, MN 55101 Tel: (651)286-8450 Engineering • Planning • Environmental • Construction Re: Century Farm North 6th Addition Proposal for Design and Bidding Dear Mr. Grochala: The developer for Century Farm North 6th Addition has requested that the City of Lino Lakes complete the utility and street improvements for the above referenced project through the State Statute 429 process. The developer has agreed to provide the City with a Petition and Waiver Agreement which would eliminate the need for a feasibility study. As requested by the City of Lino Lakes, the following proposal details tasks that reflect our understanding of the City's needs to complete the utility and street improvements. Based on the discussions with the developer and staff, WSB would perform the following tasks: Prepare Petition and Waiver Agreement ($500) WSB will work with the City of Lino Lakes to prepare the Petition and Waiver Agreement, coordinate the execution, and present to the City Council for approval. II. Preparation of Design and Bidding Documents ($34,500) WSB will develop the final project plans and specifications. This task will include an internal QA/QC review of the final plans, quantities, and specifications. Upon completion of permitting, and agency review and approval, a final set of construction documents will be prepared for bidding. WSB will print, assemble, and submit the final contract documents to the City and request authorization to advertise the project for bidding. WSB will receive and respond to bidder inquiries concerning the plans, specifications, and intent of the project. Logs of all inquiries will be kept and maintained to document inquiries. WSB will attend the project bid opening with the City. WSB will review the low bidder's bid proposal, contractor's and subcontractor's personnel proposed for the project and relative experience, quality and availability of equipment, performance on similar projects, references, nature and extent of other similar contracts, whether or not the contractor or subcontractors have ever been denied contract award, and any other information that would affect the ability of the contractor to perform the work. We will then make a recommendation for the City Council's review and approval. WSB will assist the City in obtaining approvals from governmental authorities having jurisdiction over the project if it is determined that they are needed. WSB will assist the City in preparing permit application(s) and/or approval requests and will assist the City with submitting the applications/approval requests to the appropriate regulatory agencies. Permit applications and/or agency review submittals are anticipated for: (1) MPCA, and (2) Department of Health. It is assumed that the developer will obtain a Rice Creek Watershed District permit as part of their grading approvals. It is also assumed that the developer's engineer will have completed the preliminary plans for the project and will be able to provide a copy of the plans in an electronic format. The engineering fee to complete the Century Farm North 6th Addition Project is $35,000 (not to exceed). This letter represents our complete understanding of the Century Farm North 6th project and the proposed scope of services. If you are in agreement with the scope of services and proposed fee, please sign in the appropriate space below and return one copy to us. If you have any questions about this proposal, please feel free to call me at 612-360-1298. Sincerely, WSB & Associates, Inc. Diane Hankee, PE Associate Engineer