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6.3. SR 02-22-1999 rCI ----'\) ( )j tIt{ Item #6.3. MEMORANDUM TO: Mayor & City Council FROM: Pat Klaers, City Administrator DATE: February 22, 1999 SUBJECT: East Elk River Bids In mid November 1998, the city received and opened bids for the east Elk River trunk sewer and water project. This project includes approximately 1,000 gross acres. A large number of bids were received. The bids were competitive and the low responsible bidder is a very good contractor. The bids for the trunk sewer and water project need to be approved before mid March, which is the 120 day maximum provided in the bid documents before the bids "expire." . The bids were received prior to the December 3, 1998, assessment hearing on the project. After deducting wetland and flood plain acres, this project includes approximately 700 assessable acres. The City Council assessed out the trunk sewer and water project at $6,000 per acre and three property owners have appealed their assessments. These assessment appeals will be going before the District Court in April. After assessments to benefited property owners, the trunk sewer and water project is approximately $1.63 million short in available funds. (See 11/24/98 attachment) Staff has advised the developer of the trailer court redevelopment project and the business park/industrial project that the city would consider awarding the bids if permanent trunk sewer and water easements, rights-of-way, and temporary construction easements were provided. These documents have been received by the city. Rights-of-way and easements through this area and the Trott Brook Farm plat is sufficient for, at a minimum, construction of Phase I of the trunk sewer and water project. The City Council has approved the preliminary plat for the Trott Brook Farms project contingent upon the city ordering sewer and water. This plat is an urban density plat (approximately 620 homes on 300 acres), is in the urban service district, and cannot move forward without municipal utilities. Upon . approval of the bids for trunk sewer and water into this area, the final plat is 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 . TDD & Phone: (612) 441-7420. Fax: (612) 441-7425 . expected to proceed. The developers of Trott Brook Farms hope to have models available for the fall Parade of Homes. A great deal of discussion has taken place regarding phasing in this public improvement project. By ordering only Phase I of the trunk sewer and water project, there is less risk to the city in terms of cash flow issues and from an overall funding position. However, if the council proceeds in phases, I think everyone knows that we are committing to a larger project in order for federal funds for the street project to be used. In this manner, the Phase I sewer and water and street/storm sewer construction would be completed at the end of 2000 and construction for the second phase (going all the way down to 171 st Avenue and Highway 10 intersection) would need to begin in late 2002 and be completed by September 2004. If Phase II takes place in 2002, then we have an assessment issue to resolve with the Phase II land owners that were assessed for trunk sewer and water on 12/3/98. . In looking at the entire project, street and storm sewer along with the trunk sewer and water, there is a significant funding deficit for the council to address. Assuming that all the assessments are paid, the trunk sewer and water project is in better financial condition than the street/storm sewer project. This better financial position is based on the water utilities committing to paying the $800,000 shortage. This commitment includes a worst case scenario request for $300,000 to be available if required via the TIF project. The trunk sewer line shortage of approximately $200,000 needs to be financed by the wastewater treatment plant (WWTP) enterprise fund over the life of the bond which is expected to be a 20 year proposal. At this time the lift station at approximately $630,000 is proposed to be financed by way of TIF 19. The final decision on the funding components within TIF 19 has not yet been made. The recent newspaper article includes some maximum funding figures. The totals for the city share of TIF No. 19 can always come down if the funds are not needed (i.e. water department request) or if alternative funding sources are used. However, it is much more difficult to go back after a few years and amend a TIF Plan to spend more money on city improvements. Accordingly, the TIF No. 19 Plan is dealing with some very large numbers. If no redevelopment project took place and no TIF monies were available, the city could still move forward with this trunk sewer and water project based on the water utilities commitment and action that is recommended the City Council take regarding the approximately $200,000 commitment from the sewer department. With this trunk sewer and water project, only the lift station at approximately $630,000 is planned to be funded by way of TIF No. 19. If no TIF No. 19 took place, this lift station expense would need to be . resolved by the City Council. . . . We have talked about this project for a number of years and we are approaching a moment of truth. It is impossible to have all of the financial issues addressed with this project as the street and storm drainage improvements have yet to move to the bidding stage. Also, there is a concern about green acre deferrals, but some of this concern may go away if the city (or EDA) acquires the Brown property. We will never know all of the financial answers before "it is time" to move forward with the trunk sewer and water project. I feel comfortable that the various funding sources are going to be available to make this sewer and water project work out from a financial point of view. If things do not work out properly, then the city will have to look at accessing some reserve funds to make bond payments or utilizing its tax levy authority. The City Council is asked to review the attached information from the city engineer and consider the resolution awarding the bids for this project. The resolution awards the bids for the entire project area contingent upon the city obtaining the necessary easements (i.e. through the Brown property, the Deschenes property, etc.). The City Council is requested to consider a motion authorizing use of sewer funds for the sewer trunk line funding shortage. EAST ELK RIVER PROJECT . November 17 Bid Water Sewer Lift Station Total Proiect Costs Construction 1,929,269 2,623,684 492,201 5,045,153 Overhead 540,195 734,631 137,816 1,412,643 Total Costs 2,469,464 3,358,315 630,017 6,457,796 Revenues Trunk Assessments 1,395,460 2,790,920 4,186,380 Hohlen Lateral Assmts 103,500 103,500 207,000 Trott Brook Oversizing Cr. (99,000) (176,000) (275,000) Trott Brook Addl Trunk Assmt. 270,887 436,088 706,975 Total Identified Revenues 1,670,847 3,154,508 4,825,355 Balance to be Funded 798,617 203,807 630,017 1,632,441 _her Financina Sources XXX XXX 630,017 630,017 IF 19 Water Fund XXX Sewer Fund XXX Financing to be Identified 1,002,424 (amounts from above sources not yet determined) July estimated shortfall (without TIF for Liftstation) was $964,745. November bid shortfall (without TIF for Liftstation) is $1,632,441 Budget vs Actual Construction Water Sewer Lift Station Total Only Budget 1,809,313 2,473,206 800,606 5,083,125 3,971,191 Actual 2,469,464 3,358,315 630,017 6,457,796 5,045,153 (Less Trott Brook Request) 165,120 541,775 706,895 552,262 Adjusted Actual 2,304,344 2,816,540 630,017 5,750,901 4,492,891 Variance (Over Budget) (495,030) (343,334) 170,588 (667,775) (521,700) . 11/24/98 Page 1 . EAST ELK RIVER PROJECT July 1998 Construction. Estimates Proiect Costs Construction Overhead Land Acquisition South of CR 12 North of CR 12 Railroad Crossing Total Costs Revenues High Priority Project $ TEA 21 ti"ott Brook Farms Assessment MSA Funds (Land N of 12) Total Identified Revenues Balance to be Funded Other Financinq Sources TIF 18 TIF 19 SWM Tax Levy Tax Levy Other Financing to be identified (amount from above sources not yet determined) . 11/24/98 Storm Streets Sewer TOTAL 1,976,598 1,621,527 3,598,126 553,448 454,028 1,007,475 458,500 458,500 300,000 300,000 508,992 508,992 3,797,538 2,075,555 5,873,093 2,400,000 264,320 183,680 295,764 264,457 300,000 3,260,084 448,137 (537,454) (1,627,418) 2,400,000 448,000 560,220 300,000 3,708,220 (2,164,873) 508,992 508,992 (1 ,655,881) Page 2 EAST ELK RIVER PROJECT . PROJECT SUMMARY Water Sewer Lift Station Streets* Storm Sewer* TOTAL Projected Shortfall 798,617 203,807 630,017 537,454 1,627,418 3,797,313 Other Funding Sources TIF 630,017 508,992 1,139,009 FUNDING TO BE IDENTIFIED 798,617 203,807 28,462 1,627,418 2,658,304 Possible Sources include: Additional TIF 19- Tax Levy SWM Tax Levy Water and Sewer Funds MSA Other *Based on July Estimates **TIF 19 projections assume including some City costs. . . 11/24/98 Page 3 . . . Howard R. Green Company CONSULTING ENGINEERS February 19, 1999 File: 800110J-0071 The Honorable Mayor and City Council City of Elk River 13065 Orono Parkway P.O. Box 490 Elk River, MN 55330-0490 RE: EAST ELK RIVER PHASE 1 IMPROVEMENTS AWARD OF CONTRACT DearCoun~IMembe~: As you are aware, construction bids for East Elk River Phase 1 Sanitary Sewer and Water Improvement were opened in mid November 1998. The low bid was submitted by S.R. Weidema, Inc., in the amount of $5,871 ,384.60. Since the bid opening the City Council has had numerous discussions regarding the financing of these improvements and the two proposed developments that petitioned for the improvements. The City now has received most of the permits for the proposed improvements and has received the easements from the Elk River Crossing development. Therefore, we feel it appropriate to consider the award of the bids at this time. Attached is a draft resolution for the City Council's consideration that accepts the bid and authorizes execution of the contract with S.R. Weidema, Inc. A condition has been added to the resolution which states that the Notice to Proceed will be given section by section and that it is dependant upon the City's ability to successfully complete the necessary easement and right-of-way acquisition. To help with the City Council's discussion of this item, I have attached an exhibit, which graphically shows the improvements involved in this contract. The original bid contained additional trunk sanitary sewer and water main in County Road 12 to the east of Tyler Street. This was anticipated to be funded by the Trott Brook Farm development. However, after the bids were received, the developer asked that this sanitary sewer and water main be deleted and instead routed internally through his development. We are currently working with the contractor to assemble Change Order No. 1 to this contract, which would delete this sanitary sewer and water main and slightly modify the sanitary sewer and water main improvements along Tyler Street north of County Road 12. One additional item, which would be included in this first change, order would be the internal improvements necessary for the Vandenberg Industrial development. We anti~pate that Change Order No. 1 will result in a reduction to the total contract amount of approximately $125,000 to $150,000. We would request City Council approval to complete the negotiations on Change Order NO.1 assuming the end result will be a o.lproj.l110-0218.feb 1326 Energy Park Drive. 81. Paul, MN 55108 . 651/644-4389 fax 651/644-9446 toll free 888/368-4389 . . . The Honorable Mayor and City Council February 19, 1999 Page Two reduction in the total contract price in this range. We would request the contractor executing Change Order No. 1 be a condition of the award of the contract. We believe this will provide the City maximum leverage in negotiating the final dollar amount of the change order. I will be in attendance at your February 22, 1999, City Council meeting to answer any questions you may have regarding these issues. Sincerely, HOWARD R. GREEN COMPANY ~fr!~~ Terry J. Maurer, P.E. o.lproj.l110-0218.feb Howard R. Green Company CONSULTING ENGINEERS . . . RESOLUTION 99 - A RESOLUTION OF THE CITY OF ELK RIVER A RESOLUTION ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF THE EAST ELK RIVER PHASE I SANITARY SEWER AND WATER IMPROVEMENT OF 1999 WHEREAS, pursuant to Resolution 98-106, competitive bids were solicited and received for the East Elk River Phase I Sanitary Sewer and Water improvement as set forth in the bid tabulation attached hereto and incorporated herein by this reference; and, WHEREAS, the City Council has considered the amount of the bids and the responsibility of the bidders and determined that S.R. Weidema, Inc., is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota: 1. The Mayor and City Administrator are authorized and directed to execute, on behalf of the City, such contract with S.R. Weidema, Inc., as is approved by the City Attorney for the completion of the East Elk River Phase I Sanitary Sewer and Water improvement according to the approved plans and specifications designed in Resolution 98-106. 2. Issuance of the Notice to Proceed shall be done by section and is dependant on the City's ability to successfully complete the necessary easement and right-of-way acquisition. 3. The City Administrator is authorized and directed to forthwith return to all bidders the deposits made with their bids upon execution of the contract specified above. Passed and adopted by the City Council of the City of Elk River this 22nd day of February, 1999. Stephanie A. Klinzing, Mayor ATTEST: Sandra A. Peine, City Clerk ~ o JOO ~ JOl1uary 22, 1999 9;36;12 a.m. 230220m \EXH1BITS\EERCP--llT,OWG RKM DRAWN: AJB APPROVED: 1~!t~IWI EAST ELK RI VER UTILITY ALIGNMENTS IGJ JANUARY 1999 DATE: 800110J JOB NO. LEGENQ -- PROPOSED TRANSPORTATION AND UTILITY CORRIDOR TRUNK SANITARY SEWER LA TERAL SANITARY SEWER IIImllJlllllllllllUlfnlll1 FORCEMAIN TRUNK WA TERMAIN LIFT STATION COUNTY ROAD NO. 12 I I I 175TH