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HomeMy WebLinkAbout2014-085 Council ResolutionL CITY OF LINO LAKES RESOLUTION NO. 14-85 RESOLUTION APPROVING THE DEPOSIT AGREEMENT FOR NORTHPOINTE ROADWAY AND UTILITY IMPROVEMENT PROJECT WHEREAS, pursuant to Resolution No. 14-47 adopted by the City Council on June 9, 2014, the City approved the PUD Final Plan/Final Plat for NorthPointe; and WHEREAS, the plat requires improvements to Cedar Street, 21' Avenue South, and Palm Street including municipal utilities ("Improvement Project"); and WHEREAS, Tony Emmerich Construction, Inc. (collectively, the Owner) is the owner 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 Improvement Project; 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 the NorthPointe Roadway and Utility Improvement Project 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 11th day of August, 2014. The motion for the adoption of the foregoing resolution was introduced by Council Member S kAwl Gl t- and was duly seconded by Council Member Roe e,c. and upon vote being taken thereon, the following voted in favor thereof: Kusa-avAccAt,`Roesrt ,,$tbesz, The following voted against same: NI au_ ATTEST: ul anne Bartell, Ci . Cl Jeff Reine . yor 1/4„„, CITY OF LINO LAKES DEPOSIT AGREEMENT This AGREEMENT is made and entered into this 1 lth day of August, 2014, by Tony Emmerich Construction, Inc., (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 proposed project to be located in the NorthPointe Development: following document as part of a 1. To complete the design and bidding for the NorthPointeadway and Utility Improvement Project as set forth in the proposal from WSB & Associates, Inc., dated July 22, 2014, attached hereto as Exhibit A. (the "Requested Work"); and, WHEREAS, in conjunction with th consulting costs, and the City requires s preparation cel that such Requested Work tfit City will incur will be paid by the Developer.; and 00; and from the City's preparation of the WHEREAS, the cost of completing the Requeste WHEREAS, the De Requested Work; r ac :ledges th NOW, THEREFORE, the as follows for the benefit of the City: 1.'SeyF, tiosit. The Develop r shall depositthe following amounts, which represents 100% of the esti °' ' cost of the Requested W, into an escrow account with the City, which shall receive and hold such deposit (hereafter collecti41;1,4vely referred to as the "Deposit Funds") solely under the terms of this agreement. a. Requested Amount Design and Cost Estate $ 52,000.00 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 amendmen, geofany made in writing and with the consent of the City. o this Agreement shall be valid unless 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 of the day and year aforesaid. DEVELOPER 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 L EXHIBIT A PROPOSAL FOR DESIGN AND BIDDING WSB July 22, 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: NorthPointe Roadway and Utility Improvements: Cedar Street, 21`t Avenue South, and Palm Street - Proposal for Design and Bidding Dear Mr. Grochala: The developer for NorthPointe has requested that the City of Lino Lakes complete the utility and street improvements for the above referenced project through Minnesota Statute 429. 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 \ ith 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 ($51,500) 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 creating cad files and cutting sheets, 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 ntractor's and subcontractor's personnel proposed for the project and relative experience, quality and availability of equipment, performance on similar project, 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 perforin the:Work. We vv1k then make a recommendation for the City Council's review and approval. WSB will assist in obtaining approom rnmental authorities having jurisdiction over the project if it is de rraed khat they are needed. It is assumed that the developer will obtain a Rice Creek atershed District permit and Anoka County right of way per ita of their development approvals. It is also assumed that the developers en will have completed the preliminary plans for the pr j and will be able to provide°a copy %fie plans in an electronic forma The engineering fee to complete the Century Ii North 6i Addition Project is $52,000 (not to exceed). This le ` represents our complete understandingNorthPointe Roadway and Utility Impront project and the proposed scope of services. If you have any questions abo iibis proposal, please feel free to call me at 612-360-1298. Sincerely, WSB & Associates, Inc: Diane Hankee, PE Associate Engineer