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HomeMy WebLinkAbout13.C.3. Declaring Adequacy of a Petition, and Preparation of Plans and Specs for Project No, 2008-4-Res. No. 6773 3 CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Declaring Adequacy of Petition, Ordering an Improvement and the Preparation of Plans and Specifications for the Opus Northwest Improvements, Project No. 2008-4 DATE: May 5, 2008 INTRODUCTION: Opus Northwest L.L.C. has submitted a petition for the construction of sanitary sewer, watermain, storm sewer and streets within the plat of Opus MVW 3rd Addition. BACKGROUND: Opus Northwest L.L.C. has submitted a petition for the construction of sanitary sewer, watermain, storm sewer and streets within the plat of Opus MVW 3rd Addition. Attached is Resolution No. 6773, declaring adequacy of petition and ordering an improvement. With 100% of the property owners petitioning the improvement, no public hearing is necessary, thus the project can be ordered and design of the improvements can commence. Also attached is an extension agreement from WSB & Associates, Inc. to provide engineering services. In discussions with the City Attorney, if these improvements are to be included as a 429 Special Assessment City project, the petitioning for the project is recommended and required as part of the platting process. Opus Northwest L.L.C. is requesting to proceed with the project of the major roads and utilities to serve the site. Part of the financial discussions with this project is for the City to install these improvements and assess the cost over aten-year period. The estimated cost of the improvements listed is $1,010,000.00 with no contingency. Adding a 20% contingency and 25% indirect costs, the petition amount is $1,515,000.00. This amount is the assessment that the developer cannot appeal. If Council agrees to accept the petition, then the appropriate actions would be to approve a resolution declaring the adequacy of the petition and order the preparation of plans. ALTERNATIVES: 1. Move to approve Resolution No. 6773, declaring adequacy of petition, ordering an improvement and preparation of plans and specifications for improvements within the plat of Opus MVW 3rd Addition, as described in the petition. 2. Do not approve Resolution No. 6773. 3. Authorize the appropriate City Officials to execute an extension agreement with WSB & Associates, Inc. to provide engineering services. 4. Table this item for additional information. RECOMMENDATION: Staff recommends Alternative No. 1 and No. 3. ACTION REQUESTED: 1. Offer Resolution No. 6773, A Resolution Declaring the Adequacy of Petition, Ordering an Improvement and Preparation of Plans and Specifications for Improvements within the Plat of Opus MVW 3rd Addition, Project No. 2008-4 and move its adoption. 2. Authorize the appropriate City Officials to execute an extension agreement with WSB & Associates, Inc. to provide engineering services. race Loney, P' ~ . Public Works Director BL/pmp ENGR/2008-PROJECTS/OPUS-MV W3RD/WORD/MEM6773-ORDER-IMPROVEMENTS RESOLUTION N0.6773 A Resolution Declaring Adequacy of Petition And Ordering An Improvement And The Preparation Of Plans And Specifications For Improvements Within The Plat of Opus MVW 3rd Addition Project No. 2008-4 WHEREAS, a certain petition requesting construction of street and public utility improvements within the plat of Opus MVW 3rd Addition, has been filed with the Council on May 5, 2008; and WHEREAS, this petition is hereby declared to be signed by 100 percent of the property owners affected thereby, no public hearing or notices are required, as per Minnesota Statutes Section 429.031. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That the improvement is ordered as hereinafter described: Valley Industrial Boulevard South from County Road 83 to 4d' Avenue, including street construction, turn lanes, storm sewer with stubsfextensions to accommodate connections for future building development, watermain with stubs to accommodate connections for future building development, street lighting, and appurtenant work; extension of watermain from Valley Industrial Boulevard South west to existing watermain at southwest corner of the Property; extension of watermain from Valley Industrial Boulevard South east to center of the Property; sanitary sewer main north along west portion of the Property to 4d' Avenue; and sanitary sewer main from center of the Property east to existing main at County Road 83; ("Improvement Project"). 2. Bruce Loney, Public Works Director, is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvements. 3. The work of this project is hereby designated as part of the 2008-4 Public Improvement Program. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 2008. Mayor of the City of Shakopee ATTEST: City Clerk ENGR/2008-PROJECTS/OPUS-MV W3RD/ WORD/RES6773ARDER-IINPROVEMENTS CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Pavement Design for Opus MVW 3rd Addition DATE: May 5, 2008 INTRODUCTION: This memo is intended to provide the City Council with information on the design of pavements for Valley Industrial Boulevard South in Opus MVW 3rd Addition. BACKGROUND: With the recent rise of oil prices over the last few years, the cost of asphalt pavements have risen higher than concrete pavements. Also, Mn/DOT has revised their pavement design charts for concrete pavements, which has resulted in a lower cost for local streets. Over the years, concrete pavements have been tentatively higher in initial costs and lower in maintenance costs and the concrete industry will state a lower life cycle cost. Valley Industrial Boulevard South is a street in an Industrial Zone and needs to be designed to handle 9-ton axle truck loads. The street will serve the properties to be developed in MVW 3rd Addition. Staff believes this is a good candidate to design both a bituminous pavement and concrete pavement and bid the concrete pavement as an alternate. The benefits of concrete pavement would be as follows: 1. Longer lasting with less maintenance costs. 2. Concrete pavements are not subject to weight restrictions as they are rigid pavements. 3. Concrete pavements reflect sunlight better than bituminous, thus they are cooler. 4. Concrete pavements use less energy to produce and less energy to place. 5. Better lighting of roadway surface at night. The downside of concrete pavements is as follows: 1. Initial cost still maybe too high to justify for local streets. 2. City maintenance is set up for bituminous pavements. Staff has discussed the option of bidding a concrete pavement alternative with Opus and they are open to the idea. However, they are not committing to any extra cost until they see the bids. The developer is required to pay for the 1St seal coat on bituminous pavements, per the 2008 Fee Schedule. Staff would like to design both bituminous and concrete pavements and receive bids on both. The WSB & Associates, Inc. extension agreement contains a work scope for both and designing a concrete pavement with joint layouts. Opus has agreed to pay for this design. After the bids have been received, a final decision on which pavement to be used can be made. With the price of oil escalating, this would be an opportune time to consider concrete and especially in an Industrial Zone that will have truck traffic. Bruce Loney, P.E. Public Works Director BL/pmp ENGR/2008-PROJECTS/OPUS-MV W3RD/ WORD/PAVEMENT-DESIGN Infrastructure ¦ Engineering ¦ Planning ¦ Construction 701 Xenia Avenue South & dasociaies. l~tc. Suite #300 Minneapolis, MN 55416 Tel: 763 541.4800 Fax: 763 541-1700 Apri130, 2008. Mr. Bruce Loney, P.E. Public Works Director/City Engineer City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1376. Re: Extension Agreement for Professional Services Estimate of Cost to Provide Engineering Services OPUS -Minnesota Valley District Park WSB & Associates, Inc. Dear Mr: Loney: According to our Agreement for Professional Services within the. City. of Shakopee and Section I-C-2 (Major Projects); this extension agreement is written to provide you with an estimate of cost for engineering services for the above-referenced project: We are proposing to complete the work as detailed in the attached Scope of Design Services, Exhibit A and. Scope of Construction Administration/Survey Services, Exhibit B. The attached. work plan .describes the approach. and tasks proposed to be completed by WSB for. street and utility design for the Opus -Minnesota Valley District Park. The work plan includes ..engineering design services for roadway; .storm sewer; sanitary sewer, and water main, signing and striping, traffic control, removals, erosion control, street lighting and conduit crossing plans, along ..with project coordination. WSB understands that a majority of the design surveywork has been completed; however, we anticipate some additional preliminary topographic survey work will be required. WSB understands the preliminary topographic survey work and plat will be provided to WSB by the City in an electronic AutoCAD format in detail as shown on the latest version of the .preliminary Minnesota Valley District-Park plans prepared by OPUS Architects and Engineers Ino, Based on our review of the site-and. preliminaryplans, additional survey will be likely to spot check the previously completed topographic survey work, pickup any missing information and to stake soil borings, etc. We have included costs for this work in our proposal. WSB will also collect previous topographic information from the adjacent developers. for the .development of base maps for design. Subsoils information will be utilized from previous adjoining projects in the area, and it is planned that four (4) additional soil borings will be necessary within the project corridor. These soil borings will be considered additional services (see Exhibit A Work Plan for more details) are estimated to be $4,000. P:\LEITERPROPOSALS1Shakopee\OPUSSite\OPUS-MVDP042308.doc A Mr. Bruce Loney, P.E. City of Shakopee April 30, 2008: - Page 2 of 3 We understand that no feasibility report will be required for this project and no cost estimate was . provided for this work in our proposal. We understand the preliminary plans will be provided to WSB by the City in an electronic AutoCAD format in detail as shown on the latest version of the preliminary Minnesota Valley District Park plans prepared by :OPUS Architects and Engineers Inc. We are proposing to complete. the final design portion of this work, as described in the attached Scope of Design Services, Exhibit A, on acost-reimbursable basis in accordance with our current fee schedule. Engineering services for the design are estimated between $78,000 and .$86,000. It is proposed that all work under the final design portion of the contract would be considered complete .after the preconstruction conference. We will review our progress monthly.and will not exceed-these amounts without your prior approval.. We propose the construction and survey phase of this project, as described in the attached Scope of Construction Administration /Survey: Services, Exhibit B, on acost-reimbursable basis in accordance with our current fee schedule. Construction surveying services 'for the construction. phase of the contract are estimated at $32,000 to $37,000. It is proposed that all work under the construction portion of the contract be considered complete after the project incomplete. We propose the record drawings phase of this project, as described in the attached Scope of " Construction Administration /Survey Services, Exhibit B, on acost-reimbursable basis in accordance with our current fee schedule.. Record drawing services for this. phase of the contract are estimated at $5,354 to $6,000. It is proposed that all work under the record drawing portion of the contract be considered complete after the record drawings have been completed and accepted by the City... Listed below is a summary of the Engineering. Services Fees: ITEM RANGE . FINAL DESIGNSERVICES $78,000 $86,000 CONSTRUCTION SERVICES /SURVEYING $32,000 $37,000 RECORD. DRAWINGS $5,350 $6,000 SUBTOTAL $115,350 $129,000 GEOTECHTIICAL WORK SOIL BORINGS & REPORT $4,000. $4,000. TOTAL $119 350 $133,000 - Please see the attached Work Plan and Estimate of Cost for a detail breakdown of the estimated hours for this project. P:\LET1'ERPROPOSALS\Shakopee\oPUSSite\OPUS-MVDP042308.doc A Mr: Bruce Loney, P.E: City of Shakopee Apri130, 2008 Page 3 of 3 - We are available to begin work as soon as authorized by the City, and we anticipate we will complete the project according to the following schedule, assuming that we receive the notice to proceed on May 6, 2008. Wepropose to complete the project according to the following tentative schedule: Council Approves Extension Agreement and Authorizes Design ..:.:.........,.:.May 6, 2008 Commence Final Design Work...,....: .:.:........................:....................May 7, 2008 Submit Plans to City 1'SPUC /County for review.................: .................June 16, 2008 Approve Plans and Authorize Bids...:.. July 15, 2008 Open Bids...:....:..:......: August 12, 2008 'Award Contract August 19, 2008 Begin Construction .....:........:....:.....,..............:.....................::........:......September 1:;.2008 Pave Bituminous Base Course, Watermain and Sanitary,Sewer in Service .............October 31, 2008 Substantially Complete Construction.:....: .....:........:.:............November 15, 2008 Final Wearing Course /Complete Construction...:........:....:. ..:...:..........:...:....:......:..:......June 2009 This letter represents our entire understanding of the project scope. If you are in agreement, please sign on the space provided and, return one original signed; copy to us for our records. We will start immediately -upon receipt of the signed agreement. If you have any questions concerning the work plan or fee as discussed herein, please feel free to contact me at 763-287-7189.. We look forward to working with. you and greatly appreciate the - opportunity to assist you and your staff in the completion of this project. Sincerely,. WSB & Associates, Inc. ~v Donald W. Sterna, P.E. - Vice President Enclosure City Administrator City Clerk Mayor . Date P:U.ETIBRPROPOSAI,S\Shakopee\OPUSSite\OPUS-MVDP042308.doc Exhibit A Scope of Design Services OPUS -Minnesota Valley District Park • City of Shakopee WORK PLAN L Project Management _ This task includes. planning and coordination of all work tasks, establishment and monitoring of budgets, meetings, and correspondence with the .City of Shakopee, Scott County, SPUC, and if necessary, the Watershed District on aperiodic-basis. The project manager will provide technical direction on all aspects. of the prof ect. review, all work products; and prepare monthly progress reports. The: projectmanager will serve a primary .role in the many design considerations. "Donald Sterna, PE, is proposed to manage the project for WSB & Associates,.Inc. (WSB). 2. Data 'Collection Available data will be collected from the City of Shakopee, Scott County, SPUC, private. utility companies, and adjacent developers as necessary, to prepare the construction documents. WSB understands the preliminary topographic survey work and plat will be provided to WSB by the City in an electronic AutoCAD format in detail as shown on the latest version of the preliminary Minnesota Valley-District Park plans prepared by OPUS Architects and Engineers Inc. 3. Soils Report Soils information will be utilized from previous adjoining projects and developments • adjacent to the project area. It is planned that up to four{4) additional soil borings will be taken within the project corridor. These will be done by a City approved geotechnical engineering firm and will include aboring -log and report with recommendations. The borings will be approximately 15-feet deep, and this work is estimated to be $4,000. 4. Design Survey Through City Staff, WSB will collect topographic information from the adjacent developments which will be utilized in the final design. WSB understands the preliminary topographic survey work and plat will be provided to WSB by the City in an electronic AutoCAD format in detaiLas shown on the latest version of the preliminary Minnesota Valley District Park plans prepared by OPUS .Architects and Engineers Inca WSB anticipates some additional detail design survey may be needed to confirm critical design information. This may include: • Additional topo that-may be necessary • Survey of existing right-of--way. monuments and verification of control • Soil boring staking and location • Topo shots on existing private utilities marked by Gopher One Utility Locates • Additional survey and research needed for easements and right-of--way Exhibit A 1 5. Utility Coordination WSB will order a Gopher. State One design locate; and from that, identify all utilities in the area. We will make contact with those utilities to obtain facility mapping along with the ' establishing our contact to discuss future utility plans. Based on the preliminary layout, utility conflicts will be identified and design measures will be considered to accommodate these conflicts. The cost for these utility conflicts, if any, will' be identified and. included as part of the overall cost estimate. 6. Construction Plans . The: construction plan phase involves the bulk of our'final design effort.. W SB understands the preliminary plans will be provided to WSB by the City in an electronic AutoCAD format in detail as shown on the latest version of the preliminary Minnesota Valley District Park plans prepared by OPUS Architects and Engineers Inc.. and will 'serve as a starting point for our design. The plans will be developed meeting City standards. WSB will prepare a set of detailed. construction plans for the grading, sanitary sewer, watermain, surface drainage, paving, signing /striping, and erosion control in accordance with City standards. We will coordinate our work closely with the City. of Shakopee, SPUC, and Scott County during the design process to ensure that the City's expectations are satisfied.. Design meetings will be .held, as appropriate, to discuss design elements and comments .during the design process. A final set of plans will be submitted to the City; SPUC, and Scott County for their review and- approval. The final construction plans. will include the following: • Title Sheet and Index Map • General Layout • Estimated Quantities. . • Typical Sections • Miscellaneous Details. • Construction StaginglTraffic Control Plan • Alignment Plans and Tabulation • Removals • ` Concrete Pavement Alternative • Construction Plan and Profile • 'Drainage Plan; Details, and.Quantities • ` Water Main /Sanitary Sewer • Turf Establishment /Erosion Control Plans • Signing and Striping Plans • Cross-Sections 7. Drainage Analysis It is :assumed that the roads within the site: will be an urban. design with storm sewer. An analysis of the roadway drainage area will be conducted to determine any special stormwater management or ponding needs. This analysis would verify the. flow rates and determine. .what water quality and/or rate control will need to be designed for the roadway portions. of the project. This. analysis would include catch basin. spacing, per Mn/DOT standards, and pipe. and sizing of all storm sewers under the roadway. Exhibit A 2 8. Easements/Right-of .Way , Right-of--way, permanent draining, and utility and temporary easements will be necessary to complete the proposed improvements. It is understood that all right-of-way will be acquired by the City or dedicated by the developers through the platting process. Any additional parcel drawings and right-of--way and easement descriptions .are not. included with this proposal and will be extra work.. 9. Permits Permits will be acquired as a part:of the construction plan preparation. WSB willprepare .and apply-for the necessary construction permits. The cost of the permits would be paid by ' the .City of Shakopee, The permits we anticipate. that will be necessary for this project are:. . • MPCA - NPDE5 Phase III Permit • MPCA -Sanitary Sewer Extension Permit • MDH -Water Main extension Permit • Scott County -Commercial Access Permit. 10. Project Bidding Upon approval of the bidding documents by the City, WSB will sell and distribute the necessary number of plan and specification sets to the contractors for bidding. The City will be responsible for the expenses of theplan. and specification printing. The bid tabulation will be done by the City. Exhibit A 3 Exhibit B Scope of Construction Administration/Survey Services .OPUS -Minnesota Valley District Park City of Shakopee.. WORK PLAN • Construction Administration WSB design staff will provide technical direction on the project design and answer questions during construction. The City of Shakopee will run the weekly construction meeting and provide the weekly meeting minutes. The City of Shakopee will be responsible for any monthly work completed to date and summary of quantities for monthly payment vouchers, , • Construction .Observation All-construction observation will be performed by the City of Shakopee.' WSB construction staff is available to assist the City,` if so requested and would perform these optional. services on an hourly basis as necessary. • Construction Surveying WSB will provide a survey crew to do all construction staking for thisproject, including construction limits, roadway ,grading, alignments, storm sewer, water main, sanitary sewer utility; street facilities and appurtenances, signage locations; and any other survey needs for this project for the work identified in the construction-plans as prepared by WSB. for this ..project. • Material Testing Material testing will:. be performed by the. City and/or the City's designated testing firm. The City of Shakopee will be responsible for coordinatingthe testing and the costs. of the material testing.. Record Drawings This-task includes surveying the field constructed utilities and other constructed improvements to record the field-constructed locations and elevations of the new facilities w.:ithinthe City roadway right-of--way and easements. Once the field survey is complete, .:WSB will revise. the construction. plans ~to reflect the field-constructed conditions and provide record drawing documents for future use by the City. We.have included CADD and survey time in our work plan to complete the record drawings in a digital format. ExhibitB 1 _ _ _ _ _ CITY OF SHAKOPEE PETITION FOR PUBLIC IMPROVEMENTS AND WAIVER OF ASSESSMENT RIGHTS RECITALS A. Opus Northwest, L.L.C., a Delaware limited liability company, is the owner and developer ("Developer") of certain real property legally described as: OPUS MVW 3ra Addition ("Property"). B. As part of the subdivision and platting process for the Property, the Developer will be dedicating right-of-way for Valley Industrial Boulevard South, which will be constructed as part of the subdivision and platting process. C. The Developer desires that the City of Shakopee install Valley Industrial Boulevard South and the related public improvements described in this Petition and assess the costs against the Property. D. It is understood by the Developer that the City will be doing the Chapter 429 Public Improvements solely at the Developer's request and for the Developer's convenience and that the City would not be installing the improvements described in this petition without this waiver. E. The Developer is voluntarily submitting this petition and understands that the City is relying on it as a condition of proceeding with the public improvements. NOW, THEREFORE, the Developer agrees as follows: 1. The Developer petitions the City to install the following improvements and to assess them against the Property pursuant to Minnesota Statutes, Chapter 429: Valley Industrial Boulevard South from County Road 83 to 4~` Avenue, including street construction, turn lanes, storm sewer with stubs/extensions to accommodate connections for future building development, watermain with stubs to accommodate connections for future building development, street lighting, and appurtenant work; extension of watermain from Valley Industrial Boulevard South west to existing watermain at southwest corner of the Property; extension of watermain from Valley Industrial Boulevard South east to center of the Property; sanitary sewer main north along west portion of the Properly to 4a' Avenue; and sanitary sewer main from center of the Property east to existing main at County Road 83; ("Improvement Project"). 2. The Developer represents and warrants that it is the fee owner of the Property and that it has the full legal authority and power to encumber the Property. 3. The Developer requests that the cost of the Improvement Project be assessed against the Property over a ten (10} year period. The current estimated amount of the assessments is $I.SI5,000.00. The Developer understands that the exact amount of the assessments cannot be determined at the present time, and understands that the final assessment will be determined in accordance with the City's adopted assessment policy. The Developer understands that the waivers contained in this Petition are effective for the current estimated amount of the assessments and for any increases that are the result of requests made by the Developer or any increases that are otherwise approved in writing by the Developer. 4. If the Developer withdraws its request for the City to construct the Improvement Project anytime before the City orders the Project, the Developer must reimburse the City for all Improvement Project costs, including but not limited to engineering, legal and administrative costs, incurred by the City and paid to third parties as of the date of Developer's withdrawal, which reimbursement shall not exceed, in the aggregate, the sum of $50,040. As financial security for this obligation, the Developer shall deliver to the City an irrevocable letter of credit in the amount of $50,000 in a form reasonably acceptable to the Developer and the City, which letter of credit shall provide for expiration in not less than one year, or if earlier, on the date the City orders the Project. The letter of credit will be returned to the Developer when the City orders the Project. 5. The Developer waives notice of hearing and hearing pursuant to Minnesota Statutes 429.031 on the Improvement Project and notice of hearing and hearing on the special assessments to be levied to finance the Improvement Project pursuant to Minnesota Statutes 429.061 and specifically requests that the Improvement Project be constructed and special assessments be levied without hearing against the Properly. b. The Developer waives all right to appeal or otherwise contest or challenge the levy of the special assessments, including but not limited to the right to challenge whether the increase in fair market value resulting from the construction of the improvement project is at least equal to the amount of the project cost that is assessed against the Property and that such increase in fair market value is a special benefit to such parcel. The Developer further agrees that any requirements of Minnesota Statutes, Chapter 429 are waived to the extent that such requirements are not met. 7. The covenants, waivers and agreements contained herein shall run with the property and shall bind the heirs, successors and assigns of the Developer. It is the intent of the City and the Developer that this document be recorded as a part of the land records of Scott County, Minnesota. 8. The terms and conditions set forth in this Petition shall terminate upon the final payment of all special assessments levied against the Property regarding the Improvement Project, and the City shall execute and deliver such documents, in recordable form, as axe necessary to extinguish its rights contained herein upon receipt of such final payment. Dated this day of ~ , 2008. Opus Northwest, L.L.C. By ~tl'h'1 Thomas G. Shaver Its president Estate ®®velopment STATE OF MINNESOTA } SS COUNTY O i) ) The fore oing instrumep~t/was acknowledged before e this ~ day of , 2008, bye%,Z,~.~ %.,f ~c,<.~-, the i f Opus Northwest, L.L.C., a Delaware limited liability company, on behalf of the corporation. Notary Public My Commission Expires / 31 /O Drafted by: Kennedy & Graven (JJT) KRlSTlN MARIE WEiSE 470 U.S. Bank Plaza Y Notary Publio-Minnesota My Commission Expires Jan 81,2010 200 South Sixth Street ~asa- Minneapolis, MN 55402