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4.10 ADD ON 10-02-2017 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To Mayor and City Council Item Number 4.10 Agenda Section Consent Meeting Date October 2, 2017 Prepared by Zack Carlton, Planning Manager Item Description Agreement for Professional Services: Plat Update to Include City-Owned Parcels – New Resources Addition Reviewed by Cal Portner, City Administrator Reviewed by Action Requested Approve, by motion, the agreement with Oliver Surveying and Engineering, Inc. Background/Discussion City staff has been working with Beaudry Oil to update their plans and shift the proposed truck maintenance facility 60 feet to the north and allow for a new east-west road connection south of their facility. To facilitate project changes the city purchased three parcels directly north of the original proposal, and the plat for the project must be updated to incorporate the new lots and dedicate needed right-of-way. The city contacted the surveyor that completed the surveying and engineering for the original proposal and received a quote on the costs to update the plat. City staff recommends entering into the agreement with Oliver Surveying and Engineering to update the plat of New Resources Addition. Any work the city would have done in this area, whether or not the project is relocated, would need to be platted and this is a cost the city would have paid in the future. Financial Impact The total cost to update the plat is $2,175.00 and will be covered by the redevelopment TIF district established by the city. Attachments  Professional services agreement dated September 27, 2017 Oliver Surveying & Engineering, Inc. Land Surveying  Civil Engineering Land Planning 580 Dodge Ave. Elk River, MN 55330  763.441.2072  fac. 763.441.5665  www.oliver-se.com September 27, 2017 Mr. Zachary Carlton Planning Manager City of Elk River 13065 Orono Parkway Elk River, MN 55330 Re: New Resources Addition Dear Zack: Thank you for contacting Oliver Surveying & Engineering, Inc. for a proposal to survey the additional land and revise the referenced plat. This quote includes preparation of the plat and field survey for monumentation of the existing parcel. Meetings will be billed on an hourly basis at $100 per hour. Survey $650 Fixed Fee Final Plat $1,525 Fixed Fee If the scope of work is terminated prior to completion, you shall pay Oliver Surveying & Engineering, Inc. for all time spent and all expenses incurred up to the time of termination. You agree, in recognition of the relative risks and benefits involved in this project, that Oliver Surveying & Engineering, Inc.’s total liability for any and all injuries, claims, and losses shall not exceed the amount of our fee. You will be invoiced on a monthly basis for our professional services and for reimbursable expenses which have been incurred. A monthly finance charge of 1 1/2% (annual rate of 18%) will be made on any delinquent amount due more than 30 days after the date of the invoice. Oliver Surveying & Engineering, Inc. shall be entitled to recover all costs and attorney’s fees incurred in the collection or attempted collection of any amounts due hereunder. Please review the following important information regarding Mechanics Liens. NOTICE A.ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THECONTRIBUTIONS. Agreement 2017-27 Page 2 September 27, 2017 Mr. Zachary Carlton B.UNDER MINNESOTA LAW, YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIALS FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE, OR WITHHOLD THE AMOUNTS DUE THEM FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENT UNLESS WE GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIAL FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE. We appreciate the opportunity to submit this proposal and look forward to working with you. If you wish us to proceed, please sign and date this proposal and return it to us. The quote shown is valid for 120 days from the date on this proposal. If you have any questions about the work involved, the costs, or the terms, please do not hesitate to give me a call. Sincerely, OLIVER SURVEYING & ENGINEERING, INC. Lynn P. Caswell, L.S. Principal Proposals/City Elk River.092717If this proposal is acceptable, please sign below and return a copy to me as your written authorization to proceed. I hereby understand and accept the conditions described above, and authorize the work to be completed. Signed:_________________________________ Jessica Miller Deputy City Clerk, City of Elk River Date: ___________________________________ Signed:_________________________________ John J. Dietz Mayor, City of Elk River Date: ___________________________________