HomeMy WebLinkAboutCity Council Resolution 1974-2950
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HENINEPIN COUIt rllNIMSOTA
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raor ana uity.hia-taget = �'
heirein, called the "City," and 'Lundgren Brothers CopsYrueton, lnc. herein
DevelopsT. called the
WITNESSETA In eorsideration of the City accepting the plat of Id::'
"lxstates
Subdivision, the? Dcvolo er shall y
p provide water -system stems, storm se:cers,-
ran tnxy se:sers, end street improvements including concrete
curb and gutter and other
s#ac4hlaneous work, ill. 'in conforna:ice with City adopted Guide Pians, and more specifically
tlined in Special Conditions
of this Contract and the approved plans and specifications
The Doyeloper shall provide the City with plans and specifications prepared by a
tegisteredProfessional'Engineer, subject to review
and written approval by the City
Mg neer. Said plans and specifications are hereby made a part of this
contract and
WxI be preparod in conformance with the '�rianual of Engineering Guidelines, City of
nrouth Engineering Department
1973."
It i agreed that Al i laborand work shallr be done and performed.itn the best
wst lgariCmanlikc,r,;anner and in :strict Conformance 1,7ith
the approved plans and specifications
,re"pared by. 'ricCombs-Knutson Associates Inc. dated
droved by the City Engineer and on ile watli t o City Clerk. ,No dev at .ons rom.the
ppr6ved plans and specifications will be
permitted unless approved in writing by'the
#ly;,rhgipoer.
The Developer agrees to furnish to the`City a list of contractors being considered
or Totention by the Developer for tho
performance of the work required by this contract. <:
It is further agreed that the Developer, through his Engineer shall provide for all
taking, surveying and resident inspection for the
above described improvements in order
)-Insure that the Completed improvements conform to the approved plans and specifications.
ig City
will provide for general inspection and shall be notified of all tests to, be>'
irformad. It i.s
agreed that the ostimated cost of such improvements, including charges
F the City for le?al, planning, engineering services, Including
inspection, supervis on
id administration costs, shall be included in the total cost of all improvements for,,
irposes
of Computing the r.mount of the surety bond to be furnished to the City by the
:veloper
pursuant to the terms of this agreement.
�r
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In vaso any material o abor`supplied by Developer sha - "be rejected by the
City Engineer or: his designated representative as de`.ective or unsuitable, then such
' ejeeted material shall be rezovcd and replaced with approved, material and the rejected
a6r shall be done anclo to the specification and approval of the City Engineer, a;id
the sole cost and expense of tl,.e Developer. The Developer further agrees that he
. 11 commence work hereunder on or before 'May 1, 19 74 . It is
".Tarp@C 1f7.c.ly understood. that Final Approval and Acceptance o£ thi
Is development project
shall talc the form of a Resolution duly passed by the Plymouth City Council on tho
aduice of the City Engineer.
It is agreed, however, that the Developer shall submit a written schedule indicating
the progress schedule and order of completion of wort. covered by this contract. 7t is
further agreed that upon receipt of. written notice from the Developer of the existence
'off ,causes, over which the Developer has no control which will delay the completion of the
work, the City Council, in its discretion, nay extene the date hereinbefore specified
:€or completion and that any bond required shall be continued by Developer to cover
the work during this extension of time. It is distirctly understood and agreed that
all work covered by contract shall be done at, no exp-nse to the City of Plymouth e:cept"as
`. "maybe provided in the special conditions attached h•.reto and made a; part hereof.
Copies of all bids, change orders, suppliers, sub -contractors, etc. shall be
'forwarded to the City Engineer for his files.
Tae Developer shall not do any work or furnish any ma•erials not covered by the
plans and specifications and special conditions of this contract, for which reimbursement
is expected from the City unless such work is first ordered in writing by the City
Engineer, as provided in the specifications.
Any such work or materials which may be done or furnished by the contractor without
uch written order first being given shall be at his own risk, cost and expense, and he
hereby agrees that without such written order he will make no claims for compensation for
work or raterials so done or furnished.
Upon completion of all the work required, the City Engineer or his designated
representative, a representative of the contractor, and a representative of the developer's
engineer will make a final inspection of the work. Before final payment is made to the
contractor by the Developer, the City Engineer shall be satisfied that all work is
satisfactorily completed in accordance with the approved plans and specifications; and the
' developer's engineer shall submit a written statement attestL.g to same.
Upon completion of the work, the Developer shall have his Engineer provide the
City with a full set of as -built mylar reproducible plans for the City Records.
These plans shall include the locations and ties to all sanitary sewer and water main
services as well as gate valve boxes and manholes.
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It is further agreed, anything to the contrary herein notwithstanding, that the
jCfty of P-2lw:outh, City,Council and its agents or employees shall not be personally
i b I c or responsible in any mannor,to the Developer. the Developer's Contractor or
sub-contractars, material men, laborers, or to any other person or persons whomsoever,
far any claim, demand, damages, actions or causes of action of any kind or character
-arising out of or by ;•cason'of the t:ork and the ir..proiements provided herein, and that
the Developer will save the City harmless from all such claims, demands, damages, actions
px causes of action or the costs, disbursements, and expenses of defending the same,
specifically including, without intending to limit the categories of said costs, costs
'and expenses for City administrative time and labor, costs of consulting engineering
services and costs of legal,- services rendered in connection with defending such claims
as,may be brought against the; City.
It is further agreed that the Developer will furnish the City of P,^mouth a
corporate_surety bond,; certified check, certificate of deposit, or irrevocable letter of
credit in accordance with Section G of the ,`Special C:)ndi:tions.to cover the estimated cost=oi=
th6 proposed improvements covered by this contract as outlined, in Section 8 of the Special ,
Conditions; and shall also furnish proof of insurance covering any public liability or '
property damage by reason of the operation of the Developer's or his Contractor's equipment,
laborers, and hazard caused by said improvements.
Upon completion of the work, the Developer and/or his contractor shall be required
to furnish the City a one-year maintenance bond guaranteeing said work to the City.
In the event the Developer requests the City, as a Public Improvement, to
,,provide for the previous described improvements, the following is agreed upon:
Upon written request of the Developer, which shall be attached hereto and become
'"a part of this contract, the City shall participate in the cost of the planning, designing,
:arid installation of water systems, sanitary sewer and storm sewer installations required
:,by the contract and City Ordinances. In such event, the Developer shall deposit cash
with the City Treasurer in the amount equal to twenty-five percent (25%) of the estimated
cyst of such improvements as determined by the City Engineer. Such deposit shall be
applied to the cost of such installations. It is expressly understood and agreed that
T in'the event the''City participates in the cost of inprovemont , all such services shall
Ira, planned and designed by the City Engineer and shall be installed b). the City. Itis
t:vthet agreed that charges of the City in connection with such projects for legal,
planning, engineering and administration shall be included in computing the estimated cost
of improvements referred to above.
Should the City partiepate in the cost of water systems, streets, storm sewers,
or sanitary sewers as provided herein, then the cost of such service or services shall be
.;excluded from the total cost of improvements for purposes of determining the amount of
surety bond to be furnished to the City by Developer pursuant to the teras of this agreement`,
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_., _ � _,. � , �, _ _._ ._.__ . �_ ___, �rF _,:�
INDIVIDUAL OR CO -PARTNERSHIP ACKNOWLEDGMENT'
., .. OF DEVELOPER'S SIGNATURE
STATE OF MINNESOTA
SS
Y'Ct3iJi�TY OF )
On this day. of 19, before me personally
aipeared
.me ,personal 1-,r -knOwr to bethePerson described herein and also
.1vh"o executed the foregoing contract and acknowledged that he
executed the same as free act and deed.
"(SEAL)
CORPORATE ACKN0i1UDGNfPNT
FOR DEVELOPER
&FATE OF MINiv:.,,0A 3
ss
COUNTY -.OF
On., this �day of , 19,x, before,.me appeared>
;
-,. AND
o,` a corporation; that the seal -
et tote oregoin� instrument iss !lie corporate seal. of the
cQrprration, ',and that said instrument is the'corporote seal of'the
ration, and that said instrument was executed in behalf of the
corporation'by authorit%, of its Hoard. of Directors,, and they acknoti,-
lhcigedsaid anstr went 'be the free act and deed.of the corporation
NGTt: If the . -Developer Deeloper is A corporation, this should be signed by at
least tea h�ecutive officors, same beingthe President and Secretary,
or S'icc>-Piocient ;and Secretary, and the corporate seal attached. 'If
..
.
tie�:Dev`olope± is a- co-partiiorship, this _should'be signed by all membeis
;of._the, co-pmrtnership.'
F " J4
x rays, aIwo r.
SPECIAL CONDITIONS
FOR
j
1 SUBDIVISION DLAIFLOPMEINT
r
CITY OF PLYMOUTd
'. NENNUIN COUNTY, MINNESOTA
i. Scope of {fork;
1".1. The Developer shall provide the G:'ty with plans and specifications for the
z� construction of.the following for the plat of Fairfield Estates
1) Streets
2j+ Sanitary Sewer
3) {tiater main
4) Stem Drauage Facilities (pipe, water, ponds, etc.)
S) Miscellaneous Faciiities.
1:2 Said plans and specifications shall be prepared by a Registered Professional
'Engineer subject to review and written approval by the 17ity Engineer. They shall
be prepared in accordance with the "Manual of Engines -ring Guidelines, City of
Plymouth Engineering Department, 1973." This manual outlines City standard materials,
drawings and procedures which shall be adhered to for the above mentioned plat.
> 1.3 Changes in plans for the purpose of saving trees and other desirable
features on private property and on streets will be permitted, providing revised
plans and specifications are submitted and approved in writing by the City
Ingi"neer prior to the making of any contemplated change. In the event changes
are made which affect occupied residences, such changes shall be discussed with
the affected owner and their approval secured in writing.
Streets
2.3 General
The following streets are to be constructed by the Developer to City standards
including concrete curb and gutter:
a) Residential Streets - 32 feet wide face to face curb, seven ton design
with concrete cuxb and gutter design Standard Surmountable
in'onformance with City Standard Plate No. '- STRT-i
29t Avenue - Lawndale
b) Collector and/or Thoroughfare Streets - feet wide f;.ce
to,face curb, nine ton design with concrete curb and gutter design
8618 design in conformance with Standard Plate No. P -
NONE
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2,.2 'Sub -Grade`- Unsuitable sail shall be excavated within three (3) fart of
sub -grade. The Developer shall furnish a complete soils report which shall
'
include recommendations as to the sub -grade correction, etc.
" 2.3 Sub -Base - Shall be constructed in accordance with the typical section
shown on the approved plans.
2.4 Base - Shall be constructed in accordance with the typical section shown
on the approved plan.,.
2.5 Surfacing - Shall be constructed in.aceordance with the typical section shown
on the approved plans.
it
3. Utilities
3.1 Sanitary Sewer shall be constructed in accordance with the approved plans
and specifications, and the City Master Sanitary Sewer Plan adopted September 11, 1972:.
3.2 Storm Server as well as all drainage ways and ponds shall be constructed in
arcordance witch the approved plans and specifications and shall conform to the City
of Plymouth blaster Storm Drainage Plan adopted Aug, 6,1973 and appropriate Watershed
District requirements where applicable.
3.3 ltator .Mains shall be constructed in accordance with the approved plans
and spec�.cltioris; and the City Diaster Yater Distribution Plan adopted July 24, 1972.
3.4 Private Utilities (Northern States Power Company, Northwestern Bell Telephone
Company, etc.) shall not be installed until the boulevards or utility easements
have been graded. All such utilities shall be installed underground.
4. Miscellaneous
4.1 Street signs shall be required at each street intersection at the cost of
thy. Developer. The City will furnish and inst.a l said signs and bill the Developer
for said work.
4.2 The Developer shall furnish all Engineering services as outlined in the
"Manual of Engineering Guidelines, City of Pl)inouth Engineering Department 1973."
4.3 Engineering services furnished by the City.
The City will not exercise direct supervision and inspection of the work during the
construction operations. The City Engineer or his representative will make periodic
inspection of the work and will consult with the Developer's Engineer in regard to
engineering problems concerning the work and observe all tests and conduct the
final inspection as outlined in the ".Manual of Engineering Guidelines, City of
Plymouth Engineering Department 1973."
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,;' �atPlatrn� Svfcei}s7ied%tiy tltie City - co
�,:Qoveloper shall pay to the City Treasurer upon execution of this Contract the
kfint of $7,016.44to cover all City adiiinistration costs required in
paring and administering this Contract.
The Developer shall do all site grading including building sites, common
enxay and open space areas, pends and surface dra'.nage ways, and all private streets
accordance with the approved grading, drainage and site plans. The plan shall indicate
arrows how drainage wi:l be handled on the site.
All graded areas: where surface run-off may cause serious soil erosion shall be sodded
and the Developer shall furnish a grading and sediment control plan designed to control'
thedeposit of sediment in the public water of the City and/or affected Watershed District
:
Boulevard areas shall be sub -cut and backfilled with top -soil or other
,rte approvea material which will sustain see.1ing or sodding.
x
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5. Setting of Lot and Block A;enuments
:
.''he Developer shall place iron monuments'at all lot and block corners and at all other
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i,
points on boundary lines, Iron monuments shall be placed after all streets and
lawn grading have been completed in order to preserve the lot markors for future
j property owners.
Guarantee of Performance by Developer
,
;b.1 In the event the Developer requires building permits prior to completion of
all improvements as listed in Paragraphs 8.1 and 8.2, he shall furnish a certified
V. ck, certificate of deposit, or irrevocable letter of credit in the amount of
��
00 as shown in Paragraph 8.1 and 8.2; or a surety bond in the
amount az 75.616.50 , which is 150% of the cost requirement shown in
�:FarAgraph 8.1 and 8.2.
4.2, Reduction in cash escrow or surety bond guarantee may be granted upon written
G`raquest by the Developer based upon the value of the completed improvements at the
#ma of the requested reduction. The amount of reduction will be determined by the
it Engineer and such recommendation will be submitted to the City Council for action.
7;
3,f.3 The cash escrow or surety bond shall not be reduced to less than twenty (20) per
7,,cent until all sewer, watermain, drainage systems and streets and other work covered by
this contract are completed and appreved by the City.
i. Public Liability and Property Dainag= Insurance
`The Developer shall furnish the City of Pl)%iouth Public Liability Insurance in the amount
;of one L•ud.•ed thousand dollars ($100,000.00) and two hundred Pity thousand dollars
',`,(fi250,000.G0) and Property Damage Insurance in the amount of five thousand dollars ($5,000.00)
rF
nd twenty-five thousand dollars (,25,000.00). These insurance policies shall accompany
he contract for its execution by the Developer and the City of Plymouth. These insurance
,._;,policies shall be in full force and effect during the life of this contract.
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8.1 ' Public Imnrovenents
1.1 The following items shall be the responsibility of the Developer and shall be
vered by an escrow guarantee (bond, cash, certificate of deposit, letter of credit, etc)
'as follows:
Streets (See Section 2.1) siaewalk or trail Construction
Sanitary Sewer System
(Vater Main System
Storm Sewer System
Boulevard and Drainage Shale Sod
Pond Construction
Street Signs (1)
Street Sweeping
Park Improvements
TOTAL 4'-) 411,01)
City Adm., Insp., Engr., Etc. (4% of $58T4U-=4-
ESTIftNTED COST
$ 13, 800.00
10,600.00
13,000.00
5,20 .00
.00
0
61.00
.00
$ .00
$ 2,016.4417 .�
8.2 Private Inprovements
8.2.1 The following items shall be the resp,•-sibility of the Developer and shall be
vered by an escrovi guarantee (bond, cash, certiricate of deposit, letter of credit,etc.)
follows: a
ITER ESTDIA77i1) COST
Streets (See Section 2.1)Sidewall: or Trails Construction $ 0.00
Sanitary Sevier System 0.00
Water Ilain System 0.00
Storm Sewer System 0.00
Site Grnding and Drninage Improvements 7.000.00
Ponds and Drainage Ditches 0.00
TOTAL $ 7.000.00
City Adm., Insp., Engr., Etc. $
8.3 The water and sanitary sewer area type assessments for this development are as
follows:
Water - 12 lots x $225.00/lot = $2,700.00
Sewer - None
We developer un6erstands and agrees to these charges, and hereby waives his right to a
public hearing with respect to them and further agrees to pay $2,700.00 tb the City
upon the execution of this contract.
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Water and sanitary sewer Residential Equivalent Connection:'(REC) charges for the
s to be developed shall be computedat the time of connection to the municipal
lity system. The Developer understands that the aforementioned REC charges shall
paid for each dwelling unit prior to the issuance of a building or plumbing permit
that dwelling unit.
9 Street Maintenan^e During Construction
The Developer shall be responsible for all street maintenance until street
4rc accepted by the City. Warning signs shall be placed when hazards develop in
strcets 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.
In the event residences are occupied prior to completing streets, the Developer shall '
maintain a smooth surface and provide proper surface drainage. The Developer shall be
responsible for keeping streets within and without the subdivision swept clean of dirt
and debris that may spill or wash onto the street from his operation. The Developer
_.fav .request, in writing, that the City keep the streets open during the winter. months
" by plowing snow from said streets prior to final acceptance of said streets,, Tha "C'Ay
shall not be responsible for re -shaping; said streets because of snot, plowing operations
,if theyare requested and providing snow plowing service does not constitute final
'Acceptance of said streets,
l:
10.' Acceptance of 'Subdivision in Units
The City of Plymouth will accept complete in units of one (1) block which have
£;been completed in accordance with the provisions of this contract. The Developer shall
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++rr_ish a progress schedule for the construction of streets in the subdivision. Requests
acceptance of streets shall be made in writing by the Developer. The Developer
shall furnish certificates of completion as outlined in Paragraph 11.1 herein for each
onit completed, certifying that work has been completed in accordance with the terms
;of this contract, and shall also furnish mylar "as -built" reproducibles for all phases
of construction included in this contract.
11: Acceptance of Completed Subdivision
11.1 Prior to acceptance of the completed subdivision by the City Council, it will be
necessary to furnish the following affidavits:
a) Contractor's Certificate
b) Engineer's Certificate
c) Land Surveyor's Certificate
d) Developer's Certificate
certifying that all construction has been completed in accordance with the terms of this
contract.
11.2 All necessary forms will be furnished by the City of Plymouth.
Y' 13,3 Upon receipt of affidavits (Paragraph 11.1 above) and recommendation by the City
Engineer that conpieted1work be accepted, the City Council will be requested to accept the
,,,,�Cottpleted public improvements. Acceptance will be by formal Resolution of rhe City Council.
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