HomeMy WebLinkAbout15.A.1. Authorize Reimbursement Agreement with Tollefson Development and an Extension Agreement with WSB & Associates
I 5, ff, / ~
CITY OF SHAKOPEE
Memorandum
TO: Mayor & City Council
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Authorize Reimbursement Agreement with
Tollefson Development, Inc. and Authorize an
Extension Agreement with WSB & Associates, Inc. for the
Design ofC.R. 77 & C.R. 79, from T.H. 169 to
2000 Feet South of 1 ih Avenue
DATE: January 18,2005
INTRODUCTION:
Attached is a reimbursement agreement between Tollefson Development, Inc. and the
City of Shakopee for the design of c.R. 77 & C.R. 79, from T.R. 169 to 2000 feet south
of 17th A venue, as prepared by the City Attorney. Also attached is an extension
agreement from WSB & Associates, Inc..for the preparation of plans for C.R. 77 & c.R.
79. These agreements are for Council consideration in moving forward with the design
to complete the roadway design associated with the Countryside Development by
Tollefson Development and the new high school and possible secondary school for
Independent School District (IS D) #720.
BACKGROUND:
Tollefson Development, Inc. has submitted a preliminary plat for their 170 acres of land
abutting 17th Avenue, from CSAH 15 to C.R. 79 and abutting C.R. 77 & C.R. 79, from
T.R. 169 to 2000 feet south of 17th Avenue. An EA W has been prepared for this
proposed development, which consists of single-family residential land use. Also
adjacent to C.R. 77 & C.R. 79, is a proposed new high school by ISD #720. In meetings
with the developer, school district, staff and their design teams for the new high school,
staff is recommending that C.R. 77 & C.R. 79 be designed by a City consultant, WSB &
Associates, Inc. A set of plans would be done to meet State Aid requirements, Scott
County and MnlDOT approval, coordination with Shakopee Public Utilities Commission
(SPUC) and the City of Shakopee, as well as coordinate the design between the, two
developments being Countryside Development and the new high school for ISD #720.
During the design phase and also during the platting stage of the proposed development,
a reimbursement agreement within the developer's agreement will need to address
participating costs between the City and Tollefson Development for the construction of
c.R. 77 & c.R. 79, from T.R. 169 for 2000 feet south of 17th Avenue. The City will also
then enter into an agreement between the City and the County for cost participation of
work associated with C.R. 77 & C.R. 79 improvements. The extension agreement, that is
attached from WSB & Associates, Inc., does describe the approach and tasks associated
with the design of the improvements and the coordination needed between the City,
County, SPUC, developer, MnlDOT and ISD #720. Part of this process is cost split
calculation for funding sources participation between the City, County and developer.
It is proposed that the City consultant will design this roadway and the developer will
construct the roadway with their financing and their contractor. The City will then enter
into a developer's agreement and/or reimbursement agreement with the developer on cost
sharing for 1 ih Avenue. The exact cost participation between the developer, City and
County will be worked on as part of the design proposal and will be brought back to the
City Council at a future Council meeting.
ALTERNATIVES:
1. Authorize the appropriate City officials to enter into a reimbursement agreement
with Tollefson Development, Inc. and the City of Shakopee for the design of C.R.
77 & C.R. 79, from T.H. 169 to 2000 feet south of 17th Avenue.
2. Do not enter into a reimbursement agreement with the developer at this time.
3. Authorize the appropriate City officials to enter into an extension agreement with
WSB & Associates, Inc. for the design of C.R. 77 & c.R. 79, from T.H. 169 to
2000 feet south of 1 ih Avenue.
4. Do not enter into an extension agreement with WSB & Associates, Inc.
5. Table for additional information.
RECOMMENDATION:
Staff recommends Alternative No. 1 and No.3, as the developer has agreed to have the
City's consultant design c.R. 77 & C.R. 79 and agreed to pay all costs. Theseroadway
designs are necessary for development to be completed and to meet the time line and
schedules for the construction ofthe new high school by ISD #720.
ACTION REQUESTED:
1. Authorize the appropriate City officials to enter into a reimbursement agreement
with Tollefson Development, Inc. and the City of Shakopee for the design of
C.R. 77 & C.R. 79, from T.H. 169 to 2000 feet south of 17th Avenue.
2. Authorize the appropriate City officials to enter into an extension agreement with
WSB & Associates, Inc. for the design of C. R. 77 & C.R. 79, from T.R. 169 to
2000 feet south of 1 ih Avenue.
~n~
Public Works Director
BUpmp
ENGR/2005PROJECT/C.R 77&79/WORD/DESIGN
.
REIMBURSEMENT AGREEMENT
This Agreement is entered into as of January -' 2005, by and between the City of
Shakopee (HCity") and Tollefson Development Inc. ("Tollefson").
RECITALS
A. Tollefson has submitted a proposed development, known as Countryside Addition,
("Development") pursuant to which Tollefson proposes to develop approximately 172
acres of residential property located between CSAH 15 and County Road 77 and County
Road 79 and south of Trunk Highway 169. '
B. In order to meet the infrastructure needs for the Development, the following Public
Improvements need to be constructed: (1) reconstruction of County Road 77 and
County Road 79, from T.H., 169 to 2000 feet south with the extension of sanitary sewer,
storm drainage and watermain systems.
C. Tollefson has requested that the City proceed with engineering and design of the Public
Improvements and Tollefson is willing to reimburse the City for the costs incurred by
the City in the design ofthe Public Improvements. Tollefson acknowledges that but for
its agreement toreimbuise the City for these costs, the City would not be proceeding
with the design ofthe Public Improvements.
E. Tollefson has also proposed to provide the easements necessary to construct the Public
Improvements within the Development.
, F. The estimated cost for the. design work for the Public Improvements is $120,000.
In consideration of the mutual covenants conditions and provisions in this Agreement, the
City and Tollefson agree as folloWs:
1. The Recitals are true and correct and are incorporated by reference into this Agreement.
2. The City is authorized to retain WSB & Associates to design the Public Improvements.
3. Tollefson agrees to reimburse the City for 100% of the project costs incurred by the City in
designing the Public Improvements. For the purposes of this Agreement, the term "project
costs" includes all costs incurred by the City, including engineering and legal fees, and any
administrative expenses. Tollefson shall make payment to the City within ten days after the
City has provided a written invoice to Tollefson.
'~~..<,,-..." -"'>'"
""4. Simultaneously with executingthis Agreement, TolTefson shall submit to the City $120,000
in cash or a certified letter of credit approved by the City Attorney made payable to the City
upon which the City may draw if Tollefson defaults in any of its obligations under this
Agreement.
JJT-251836vl
SH155.23 1
v
5. This Agreement is binding on the parties and their respective successors and assigns and
shall be govemed by the laws of the State of Minnesota.
6. Tollefson may terminate this Agreement for any reason by providing written notice of
termination to the City, provided however that Tollefson will be responsible for reimbursing
the City for all project costs incurred up to the date that the City receives written notice of
termination.
7. The invalidity or unenforceability of any provision in this Agreement shall not in any way
affect the validity or enforceability of any other provision, and this Agreement shall be
construed in all respects as if such invalid or unenforceable provisions had never been part
of the Agreement.
8. This Agreement constitutes the entire agreementhetween the parties ,congerning the
engineering and design ofthe project, and unless otherwise:pfovidecl)lhhisAgreement, any
other agreements or understandings, whether oral or written; withrespectto such'matters are
superseded and revoked. This Agreement may not be modified oI aITlended except by a
writing signed by each party. - .
. CITY OFSHAKOPEE,< '. '
By
Its Mayor
By
Its' City Adirtinistrator
By
Its City Clerk
TOLLEFSON DEVELOPMENT INC.
By -., -,
};:':";:'~~:;~~:-:;,-~,'_; > ;;o....,_c';::_'.;. ~ ." Its ',,--,'- _..- "....,-'.....,<'- '.'-..,
JJT-251836vl
SH155-23 2
A
\' WSB
& Associates, Inc. Infrastructure I Engineering I Planning I Construction 701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763-541-4800
Fax: 763-541-1700
December 30,2004
Mr. Bruce Loney, P .E.
Public Works Director/City Engineer
City of Shakopee
129 Holmes Street South
Shakopee,1fN 55379-1376
Re: .... Extension Agreement forProfessional Services
EstimakofCost to Provide Engineering Services
. County Road 77 and County Road 79 Reconstruction
~froMTH 169 to 2000 Feet South of 17th Avenue
WSJ3Project No. 1566-06
;, D~~r'Mt.'t8n.ey:
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 all estimate of cost
for erigineeringservices for the above-referenced project. We are proposing to complete the work
,asdet,tiled on the attached Scope of Services, Exhibit A.
,The,J;lJtached work plan describes the approach and tasks proposed to be completed by WSB. It
should be noted that the work plan includes engineering design for roadway plans, storm sewer
plans, sanitary sewer plans, and water main plans, along with project coordination and right-of-way
parcel drawings and descriptions. This cost assumes that the majority of the design survey work is
complete and no Feasibility Report will be required. Soils infoffilation will be provided by
Tollefson Development. the School District, and from previous adjacent construction projects. Any
additional soil borings will be considered additional services. WSB will collect additional
topographic infOlmation from the adjacent developers for development of base maps. It is further
understood that the City of Shakopee will provide the construction observation and material testing
during construction.
Weare proposing to complete this work as described in the scope of design services herein attached
on a cost-reimbursable basis in accordance.. with our current fee schedule. Payment of services for
the design ph~se is estimated betweetitt15,OOO to $120,000. It is proposed that all work under the
design portion of the contract would be considered complete after the preconstruction conference.
Construction management and construction survey services are extra services and could be initiated
after the preconstruction conference if so requested by the City.
Minneapolis I St. Cloud
Equal Opportunity Employer F:\WPWIM/566-061LTR-b/-/22304.doc
,. Mr. Bruce Loney. P .E.
December 30. 2004
Page 2
Weare available to begin work as soon as authorized by the City, and we anticipate to complete the
project according to the following schedule, assuming that we receive the notice to proceed on
January 4, 2005.
We would propose to complete the project according to a tentative schedule noted as follows:
Approval extension agreement..... .......... ........................... ........... ...... ......... .......... January 4, 2005
Commence work .............. ...................... ......... .., ........... .............. ..... ........... ..... ..... January 5, 2005
Submit plans to MnDDT & Scott County for review..............:........................ February 18, 2005
Receive final plans approval ..................................................................................M arch 4,2005
(assuming 3-week review time by MnDOT)
Approve plans ... ........... ..... ........ ....... ............... ........; ,........ ::.: ..........:..~..:. .......... ....M arch 15, 2005
The City of Shakopee agrees to reimburse WSB &Associatesforthese services in accordance with
Section N ofthe Agreement for Professional Services:lftfii~; agreement nieets with your approval,
please sign below and return one copy to our office,
Sincerely,
WSB:fi3~ - . ~... -.,' -~ ".
Nt. ~-
Donald W. Sterna, P.E. City Administrator
Vice President
-.'-
City Clerk
Mayor
Date
-'-~.
-r-r,.
F: \ WP W1MI5 66-06lLTR-b/-/223 04.doc
-
~
Scope of Design Services
County Road 77 and County Road 79
Roadway Improvements
Scott County
City of Shakopee
WORK PLAN
1. Project Management
This task includes planning and coordination of all work tasks, establishment and
monitoring of budgets, and correspondence with the City of Shako pee, Scott County,
S.P.D.C., Independent School District 720, Mn/DOT and Tollefson Development on a
periodic basis. The project manager will provide technical direction on all aspects oftIle
project review, all work products, and preparemcinthly progress reports. Theprojyct
manager will serve a primary role in the many design considerations: Don Sterna is '.
proposed to manage the project for WSB & Associates, Inc. (WSB): ,~
2. Data Collection
Available data will be collected from the City, Scott County, Mn/DOT, private utility
companies, and adjacent developers as necessary, to prepare the cOllstructiondocuments..
3. Soils Report
Soils information will be provided by Tollefson Development and the School District."
Any additional soil borings will be considered additional services.
4. Design Survey
WSB has collected topographic infonnation from the adjacent developments which will
be utilized in the final design. WSB will supplement these surveys with additional
surveys at each termini of County Roads 79 and 77 in order to properly design the profile
at each termini. Also, additional survey will be collected on the pond outlet located on
the east'side of County Road 79 just south of 1 ih Avenue. Vertical and horizontal
control will be tied into the adjacent developer's control to ensure consistence of the field
survey data.
5. Construction Plans
The construction plan phase involves the bulk of our final design effect. The plans will
be developed meeting Mn/DOT State Aid standards. WSB will forward a copy of the
final plans to Scott County and Mn/DOT Metro State Aid for state aid compliance
review. It is WSB's understanding that both County Roads 77 and 79 will be constructed
as pari: of the Countryside development and no specifications or bidding documents are
required:.AIso,,,ojtis WSB' sunderstanding that County Road 77 will be widened to a 44-
foot urban roadway with curb and gutter, bituminous trails and concrete sidewalk.
County Road 79 is proposed to be reconstructed to a two-lane urban roadway with curb
and gutter, 8-foot shoulders, with a 10-foot bituminous trail on the west side.
F:\WPWIM/566-06\Scope of Services. doc
.
, .
c(
WSB will prepare a set of detailed construction plans for the grading, surface drainage
and paving in accordance with Mn/DOT and County State Aid Highway standards. We
will coordinate our work closely with Scott County and the City of Shakopee during the
entire design process to ensure that the County's and 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 County, City and
State Aid for their review and approval. The final construction plans will include the
following:
. Title Sheet and Index Map
. General Layout
. Estimated Quantities
. Typical Sections
. Misc'ellane()us Details
. Construction Staging/Traffic Control Plan
'. 'Alignment Plans and Tabulation
. Construction Plan and Profile
. Drainage Plan, Details and Quantities
. Turf~stablislunent Plans
.. Signing and Striping Plans
. Cross-Sections
6. Drainage Analysis
It is assumed both County roadways will be urban design with storm sewer. An analysis
of the drainage areawill be conducted to detennine 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 into the project. This analysis would
include catch" basin spacing and pipe sizing of all stoml sewer under the roadway, as well
as pound outlet control structures.
7. Easements/Right-of- W ay
Right-of-way and temporary easements will be necessary to complete the construction on
County Road 79. It is WSB's understanding that the parcel drawings and right-of-way
descriptions will be prepared by WSB and Scott County will be acquiring the necessary
easements and right-of-way.
8. Permits
Permits will be acquired as a part of the construction plan preparation. The cost of the
permits would be paid by the City of Shakopee.
. ....
9. Project-Bidding ~.O~
Upon approval of the bidding documents by the City, WSB will distribute the necessary
number of plan sets to the developer for distribution. ,WSB will bill the City for the
expenses ofthe plan printing. Ifrequested, WSB will sell the plan sets to prospective
bidders and will not refund t4fit deposit to the unsuccessful bidders. In this case, the
developer would not be billed for the plan printing.
F:\WPWIM/566-06\Scope of Services. doc