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CR 99-58 Amendment to CUP Agreement Approve Expenditures for Off-Site Improvements Supervalu Redevelopment Site CITY OF ~ March 11, 1999 NaPKINS Council Report No 99-058 . AMENDMENT TO CUP AGREEMENT APPROVE EXPENDITURES FOR OFF-SITE IMPROVEMENTS SUPERVALU REDEVELOPMENT SITE Proposed Action Staff recommends approval of the following motion: Move that Council approve an amendment to the October 13, 1998 CUP Agreement with SuperValu and approve bids for City funded off-site improvements relating to the SuperValu redevelopment site. Overview In October 1998 the City and SuperValu entered into an agreement for the developer to assume the design, construction and cost of certain off-site public improvements associated with the former Hennepin County Public Works site redevelopment. Major elements in the agreement, at SuperValu's cost, included pedestrian ways within public rights-of-way, construction of a new segment of 2nd Avenue South from 3rd Street to 5th Street South, and reconstruction of 5th Street South from 6th Avenue to 2nd Avenue South. One cost that would remain the City's responsibility was . milling and overlay work on 3rd Street South. Subsequent to the agreement, staff perceived an advantage to undertake changes In the City's water main lines and requested these changes be incorporated in an amendment to the CUP agreement. The cost of the water main would be the City's. Staff is presenting this concept incorporated within an amendment to the CUP agreement for Council approval. Staff is also seeking approval for the SuperValu bids as they relate to the water main and mill/overlay costs. Primary Issues to Consider o Water main improvements and funding source o City's cost for improvements and funding source o Recommendation Supporting Information o Bid detail o Amendment to CUP agreement o Location map . {1::::ss~- Engineering Superintendent Council Report No 99-058 March 11, 1999 . Page 2 Analysis OWater main improvements Staff requested and the consultant included in SuperValu's bid package number 4 the additional water main items: l. Installation of a 12-inch main along the ~ 2nd Avenue South alignment from 3rd Street to 5th Street South. 2. Relocation of an existing hydrant, the installation of 2 additional hydrants adjacent to the new 2nd Avenue South, and the removal of one hydrant along T.R. 169. 3. Disconnect a 6-inch water main running through Buffer Park and private property from the 5th Street South main and cap it. One affected resident in the Park Valley neighborhood will be provided a new shorter service line from the main in East Park Valley Drive. The installation of a 12-inch main along the new 2nd Avenue . South (west side of T.H. 169) is of the greatest significance in the expanded project scope. The current 12-inch main loop between mains in 3rd Street and 5th Street South lies on the east side of T.H. 169, barely within Hopkins right-of-way. The current 12-inch main in 5th Street South extended and as it lies under T.R. 169 is buried there without benefit of a carrier pipe and at considerable depth. In hindsight it would have been prudent for the City to relocate its water main on the east side of T.R. 169 when that roadway was constructed in the early 1970's. Were there to be a water main break under T.R. 169 without a carrier pipe, the repair costs would be rather extensive. It would call for expensive jacking procedures under the highway. An additional advantage to relocation of the loop system is that fire hydrants can be more strategically placed along the new street without overextended leads. o City's cost for improvements and funding source Attached is a bid detail of the City's anticipated costs. These are based on quotes in Supervalu's Bid Package #4. Costs total $102,556.00, including $38,750.00 for the mill . and overlay of 3rd Street, $51,892.00 for water main Council Report No 99-058 March II, 1999 I . Page 3 I improvements, and $11,914.00 for engineering and construction management fees. The cost for mill and overlay is well under the projected amount of $60,000 that was approved by Council in the 1999-2003 CIP. The cost for water main at $51,892, and added to the projected water main improvement costs in the 1999 street improvements project, still falls within the approved elP amount of $75,000. Funding sources include PIR (General Obligation Bonds) for the overlay work and the Water Fund for water main installation. o Recommendation Staff recommends that Council approve the attached CUP agreement amendment that provides for additional off-site improvements. Staff also seeks approval of the bids lTI SuperValu's Bid Package #4 as they relate to City costs for water main and mill/overlay costs. . . Ryan Companies US, Inc. ~YAN 700 International Cent.... 900 Second Avenue South Minneapolis, IvlN 554()2~:1.1F:7 Building Lasting Relationships .33R 1200 corporate -/3,'37-5,552 rax March 9, 1999 Mr. Steve Stadler CITY OF HOPKINS 1010 First Street South Hopkins, MN 55343 RE: Minneapolis Main Grocery Facility Off-Site Improvements Ryan Project No. 1046-000 Dear Steve: Below is an itemization of costs associated with work funded by the City of Hopkins as it relates to SuperValu's distribution center currently being constructed. Pavement overlay costs $ 38,750.00 Watermain 51,892.00 Design/Staking/O bservati on 7 ,030.00 . Subtotal $ 97,672.00 Ryan's Fee (5%) 4.884.00 $102,556.00 Attached, please find the breakdown of costs for the above items. If you have any questions regarding these numbers, please don't hesitate to call me at (612) 336-9744. Sincerely, \ RYAN COMP ANIES US~ INC. I RHIl j a Enclosures cc: Jim Gessele - City of Hopkins . Sher Azizi - DSG file: City of Hopkins J :IPROJ -NEWI I 0001 I 046-000ILETTERSIOTHER ICITY03 09, DOC page 1 Prilllt"d un HtTydcd P'~lWl' (t) Desirrn Bui It! . Real E~tatc Development . Property Mana~ell1ent ....IIIII.._r---....1t_ t...--..~. __~ _,~ ~ '" . I Hopkins, Minnesota B. Utility Unit Prices: r - - 1. Per lireal foot 6 inch DIP watermain . labor and materials. $ Ilf 2. Per Ii'neal foot 8 inch DIP watermain - labor and materials. $ IIf 3. Per lineal foot 12 inch DIP watennaln -labor and materials. $ Ilf - 4. Per lineal foot 6 inch DIP sanitary sewer. $ Ilf' . S. Per lineal foot 8 inch DIP sanitary sewer. $ Ilf NOTE: All unit prices for utilities to include Subcontractor overhead fees; - necessary connections for system to properly function and operate as designed and specified. 6:' Per lineal foot 12 inch Rep stann sewer. S Ilf 7. Per lineal foot 15 inch RCP storm seWer. S Ilf - 8. Per lineal foot 27 inch RCP storm sewer. $ Ilf 9. Per lineal foot 36 inch RCp'storm sewer. S Ilf t/ot~'" -' C. Paving: , I. Asphalt $2-1/2" 31B S3.39 Isy; 1-1/2" 31A $2.18 / 1-1/2" 41A S2.~ 2. Class V $ 12" 5.47 Isy 6''''$2.73 3. Curb ana Gutter (B6/18) $ /If S 4. Bituminous Walk $ 7.50 IsY : -B+/sr: - D. Other Unit Prices: ALTERNATE: consists of using a concrete/bituminous crushed base in lieu of crushed limestone under all bituminous pavin~ L Work funded by the City of Hopkins is also included in the base bid. Therefore, please provide a breakdown for - the following items: Item Est \ No. Descriotion 1lni! Q!y Unit Price Total Cost 0- I ~aw Cut Bituminous Pavement L.F. 355 2.25 2 Milling of Bituminous Pavement (2.inches) S.Y. 4,800 .95 4.560.QQ 3 Bituminous Pavement Overlay (3-inches) Tons 1,300 26.30 34,190;00 ~ 4 Water Main, 12" DIP, CI 52 L.F. 1,300 5 Fire Hydrant Leads, 6" DIP, CI 52 L.F. 50 6 Butterfly Valves, 12" EA. 2 - 7 Gate Valves, 6" EA. 2 8 Fire Hydrants , EA. 2 - - 9 Cutting-In- Tee, or Tapping Sleeve, 16x 16x 12 EA. J 10 Tee Fitting, DIP l2xl2xl2 EA. I - - .., . ........ "., Il' . .- Tee 'Fitting,DI? 12x 12x6 -- -. - - EA. - '2 -- - 12 Bend, 12", 22 1/2 Degree EA. 1 13 Remove & Salvage one (I) Fire Hydrant, and Cap LS 1 .. 6.inch Service Line 14 Remove one (I) Section of 6" Water Main at 5th St. LS 1 & 2nd A VI::. and Cap Both Ends .. Total 38,750.00 VOLUNTARY ALTERNATES .. For substitutions by Voluntary Alternate, refer to Section 01630. (Attach complete description ofYoluntary Alternates) .. .. Lump-sum bid of On€' Hl1T1nr-ed Se,yentv-seven Thousand Nine Hundred, Dollars and No/Cents - " Ryan Companies US, Inc. . , Document 00400 . 2 B.P.#4" , BId Form ",I:J:j-.:JC-.L=::l 1\::1: 53 BELAIR J'. ~\r~ .....'T'.~..I".......\ '- " ........ ~"'":'..... I ...___ J ....._ . ~ __ MInneapolis Main GrQcvTV Facility tfo'Pkifl5t MInnesota D. Other Unlt Prices: 1. Work fund~ by the City ofHOj:lttns Is also included in the base hid. Therefore, please l'l'Qvide a breakdown r\l t tho followinS ite:ms: Iter.n Est No. DescriptIon Unit Qt>j Unit Prlel! 'TQtal Cost J Saw Cut'Sirurninous Pavtl1lilnt L.P. 315 .2 Ml11mg of Bitummous Pavement (lwinc:hell) . S.Y. 4.BOO :; Bitumin<luS Pa....ement Ovcrl~y (3-lncflcs) Tons J ,300 4 WuterMain, 12" DIP,Cl 51 L.r. 1,300 4-r.~ -ab~ 1~O , Fire: Hydrant Lt:ads. 6" DIP, CI 52 L.f, SO :to. Q~ I. Q'O 0 6 Butterfly Valve5. t:z"/""e:r iM gA,:2 ~~C;)Q ~/'8~i;) 1 Gate Val~. 6" EA. 2 SOO \ 1-00<::'. 8 FIre Hydrarlts EA. 2 ,;). "300.., Ss4l" 'l.. 9 ~l;1i"g rft T.., ir'tPFl"iIl8"~H..,~. 16... Mil!. ~\b EA. 1 L t - - 10 :r..t> f1....m~. DIP 1?~~1I,12 ~ V' EA. I _ - II Tee Firung,DlP 12xl2x6 EA. 2 1."'~, "\~~ 12 Bend. 12",22 112 Deuee EA. ( ) to,.;) \ q.~ 13 Remon &: SalvB.gc one 0) FinH:iydt'Mt, and Cap LS I \ '\6 ClO \ \l)'O.-:l, 6.lnctz Service Line 14 ~ovc one (J) SeClian or 6" WaleOAnin at Sm St. LS I 5~ So Cl .& 2nd A YIf,.and Cap Both Ends Totllt 5JS9'Z.. pART 2 - PRQ..DUCTS NOT USED .... pART 3 . EXECUTION '. NOT USED END OF SEen ON I I; . t -: I f i I I i I : : I. j \ s !l; I ,Ryan CompanIes USt Inc. Se(;tlon 01.27D .. Z i. I B.P. #4 " Un't"Prk:es I~ :~ . ,...'~., ,',:.: . i~ . ..... I J. t ...: . ~ ., I I MAL P',03 ~ 1 i Westwood Professional Services, Inc. '" Pi'YA,N Colft~.Q, MI~f.:' - . ~I:'t' January 11, 1999 JAN 1 3 t989 . ~.~v 7599 Anagram Drive ..... rir-~"...>;.;: Eden Prairie. MN 55344 Mr. Bob Knudson "hone: 612.931-5150 Planmark Fax: 612.931-5822 P.O. Box 1243 Tall Free: 1-888-937-5150 Minneapolis, M:N 55440 Email: wps@westwoodps,cam RE: SUPERV ALU Main Grocery Facility, Hopkins, Minnesota Dear Mr. Knudson: At the request of the City of Hopkins we are undertaking the design of public water main improvements along the new 2nd Avenue South alignment. This work will be let as part of the B.P.4 off-site improvements. The Conditional Use Permit between SUPERV ALU and the City is being modified to reflect this addition and the financial obligation of the City to bear all cost associated with the design and construction of these improvements. I propose that Westwood provide these services as a contract amendment to our existing agreement with Planmark. These services will be provided on the same basis of direct salary cost plus a fixed fee as the rest of the work. I have estimated the fee basis costs of the following tasks: City Water Main Design: $ 5,000.00 . City Water Main Staking: $ 820.00 City Water Main Observation: $ 1,210.00 Total: $ 7,030.00 Fee(l5%): $ 1,054.50 Estimated Salary Cost; $ 5,975.50 With your authorization I will proceed with this work and invoice Ollr fees as a separate task with the off-site billings. Sincere ly, . _r_"-' i WESTWOOD PROFESSION CC:__e,--' _.".~--......~. --'---'~_.. ~ -.----. \ -..--- -- Bruce G. Miller, P.E. -, Principal Fils . cc Rachel Harris, Ryan P:\97 405\97 405,OZ\DOCS\'M>lSILlIN G ,DOC . Designing the Future Today."since 1972 . Vesely, Miller & Steiner, P.A. AMENDMENT TO CONDITIONAL USE PERMIT AGREEMENT THIS AMENDMENT TO CONDITIONAL USE PERMIT AGREEMENT (this "Amendment") is made as of , 1999, by SUPERV ALU INC., a Delaware corporation ("SUPERV ALU") and Ryan Hopkins, LLC, a Minnesota limited liability company ("Ryan"), in favor of and for the benefit of the City of Hopkins, Minnesota, a municipal corporation under the laws of Minnesota ("City"). . RECIT ALS A. SUPERV AU) and Ryan have executed and delivered a Conditional Use Permit Agreement, dated October 13, 1998, (the "CUP Agreement") in favor of and for the benefit of the City. The CUP Agreement was recorded October , 1998, as Hennepin County Recorder Document No. B. SUPERV ALU and Ryan have agreed that the CUP Agreement shall be amended as stated in this Amendment, and are executing and delivering this Amendment to the City for that purpose, NOW, THEREFORE, in consideration of the above Recitals and other good and valuable consideration, SUPERV ALU, Ryan and City agree that the CUP Agreement is hereby amended as follows: 1. Exhibit B to the CUP Agreement is amended by adding the following Paragraph 9 to said Exhibit B: 9. Construct a 12 inch D.LP. water main along the new 2nd Avenue South alignment to connect the existing water main in 5th Street and 3rd Street South, The existing hydrant on the 5th Street water main shall be relocated adjacent to the new - roadway. Two new hydrants shall be provided along 2nd A venue at locations approved by City staff The existing hydrant along the west side of Highway 169 c:\ tilc\hopcivi l\amcn dcup,s up . adjacent to the former Hennepin COlmty facilities shall be removed and the service line capped at the westerly right-of-way of 169. In addition the existing 6 inch water main nmning southerly through Buffer Park along the west side of the inplace 2nd A venue shall be disconnected from the 5th Street water main and capped. The City of Hopkins shall reimburse SUPERV ALU for all cost associated with the design and construction of these water main modifications and improvements. 2. The CUP Agreement shall remain in full force and effect in all of its terms and conditions, as modified and amended by this Amendment. Ryan Hopkins, LLC SUPERVALU INC. By By Its Its City of Hopkins, Minnesota . By Its By Its . c :\file\ho pc iv i I\alllcndc up,sup '1 ---- -- . STATE OF ) )SS COUNTY OF ) The foregoing instrument was acknowledged before me this day of .- , 1999, by , the , of SUPERV ALU INC., a corporation under the laws of Delaware, on behalf of the corporation. Notary Public STATE OF ) )SS COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1999, by , the , of Ryan Hopkins, LLC, a limited liability company under the . laws of Minnesota, on behalf of the limited liability company. Notary Public STATE OF MINNESOTA ) )SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1999, by and , the and ,-, , respectively, of The City of Hopkins, a municipal corporation under the laws of the State of Minnesota, on behalf of the municipal corporation. Notary Public . c, \Ii Ic\hopc ivil\amendcup, sup 3 . THIS INSTRUMENT WAS DRAFTED BY: Vesely, Miller & Steiner, P.A. 400 Norwest Bank Building 1011 First Street South Hopkins, Minnesota 55343 . . c :lli I clhopci vi I\amcndcu p, sup 4 -..--- - ~~~ ...-. - I \ - \ L_------------------------------~ L_~- ........,.,...,.- ...~ _r -i ( \l I I I L I I ) I I ~ dt I Ol 0 <( rI:J II: l IE L ~ (') () d u. ~ ------l 0 Q) Cl tii ~ e 0 w 3' l!: \ ell Q) () \ ~ z ;> <( \ )- <( 0 :) \ 0 z $.4 II: N 0. ~ ~ >- \ 0 \ w l- x e z ::; no <> "" ~ u. < '" ...... \ :;:>\L ~ :i"" -, ~ffi '" .....-4 . ,.... \ WO 0-0 td ;:>11: ~ $.1 lOCI I :p; ~ E-4 < \ ::E 0 Od \ \ ~ g ~ J I w 4-J II: (1) ~ (1) I_-~--J $.4 ~ \ rn "- Cll "- I I ~ "- Q "- L-~ rs .~ z ~ "- 04 "- 0 "- :c "- "- - .. - ~ ~ .. ~ ~ . .... "- DJ.I108 ]IflNBA Y }IV "- ~-~ "- "- \\0 " " -~ II ~-~-