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HomeMy WebLinkAbout2017-09-15 Eric Johnson Email Re Cost Reimbursement Agreement Julie Hultman From: Eric Johnson Sent: Friday, September 15, 2017 9:07 AM To: Stein,Jeffrey; Daniel Parks Cc: Hoey, Phil; 'Mann, Lee' Subject: RE:Cost Reimbursement Agreement Attachments: Cost reimbursement Agreement - HYVEE Fully Signed 9-15-17.pdf 9-15-17 Gentlemen, The City has received the signed application and check Attached is a fully executed copy—so proceeding with your work is approved as outlined. Thank you Eric From:Stein,Jeffrey [mailto:JStein@hy-vee.com] Sent:Wednesday,September 13, 2017 11:40 AM To: Daniel Parks<Dan.Parks@westwoodps.com>; Eric Johnson<eajohnson@cityofoakparkheights.com> Cc: Hoey, Phil<PHoey@hy-vee.com>; 'Mann, Lee' <Lee.Mann@stantec.com> Subject: RE:Cost Reimbursement Agreement Eric,the agreement and check are being sent directly to you via FedEx. You should have it tomorrow morning. Jeff Stein,PE I Director,Site Planning 1515 267-2819 Hy-Vee,Inc. I 5820 Westown Parkway I West Des Moines,IA 50266 This message may contain confidential and/or privileged information.If you are not the addressee or authorized to receive this for the addressee,you must not use,copy, disclose,or take any action based on this message or any information herein.If you received this message in error,please advise the sender immediately by reply e-mail and delete this message.Thank you for your cooperation. From: Daniel Parks [mailto:Dan.Parks@westwoodps.com] Sent:Wednesday,September 13, 2017 11:39 AM To: Eric Johnson<eajohnson@citvofoakparkheights.com> Cc:Stein,Jeffrey<JStein@hy-vee.com>; Hoey, Phil<PHoey@hy-vee.com>; 'Mann, Lee'<Lee.Mann@stantec.com> Subject: RE:Cost Reimbursement Agreement Thank you for getting back to me quickly Eric! Dan From: Eric Johnson [mailto:eajohnson@cityofoakparkheights.com] Sent:Wednesday, September 13, 2017 10:04 AM To: Daniel Parks<Dan.Parks@westwoodps.com> Cc: jstein@hy-vee.com; phoey@hy-vee.com; 'Mann, Lee' <Lee.Mann@stantec.com> Subject: RE:Cost Reimbursement Agreement 1 Dan Please see attached. 1. Have HYVEE EXECUTE this agreement—I need a signature and a name from them . 2. Have Hyvee provide a check for$11,200. Once I have these...I can permit STANTEC to move forward. I will leave it to STANTEC to schedule as best they can, hopefully they can accommodate your needs, but they cant start until 1 &2 above are done. Eric From: Daniel Parks [mailto:Dan.Parks@westwoodps.com] Sent:Wednesday,September 13, 2017 9:39 AM To: Eric Johnson<eaiohnson@cityofoakparkheights.com> Cc: istein@hy-vee.com; phoey@hy-vee.com; 'Mann, Lee'<Lee.Mann@stantec.com> Subject: RE:Cost Reimbursement Agreement Hi Eric, This email follow up on my voicemail this morning. Hy-Vee is interested in advancing this study—but we really need an initial response to the sewer questions (first two bullets below) by September 29. Hopefully that is doable. Please forward me the updated Agreement (if there is one)and we will get the check to you as soon as possible. Thanks, Dan From: Eric Johnson [mailto:eajohnson@cityofoakparkheights.com] Sent:Tuesday,September 12,2017 4:12 PM To: Daniel Parks<Dan.Parks@westwoodps.com> Cc: istein@hy-vee.com; phoey@hy-vee.com; 'Mann, Lee'<Lee.Mann(5stantec.com> Subject: RE:Cost Reimbursement Agreement 9-12-17 Dan As promised, Please see below. Based on the provided information you gave on prospective research, the City Engineer believes some of these questions can be further engaged while others remain more variable and solely dependent on choices to be made by the 2 Developer and/or rules of other entities. The City cannot design facilities for a Developer, rather offer information to you about capacity possibilities if certain types of developments were proposed. Accordingly, the City Engineer is ready to provide some feedback and analysis in the following scope; • Drawdown test of two lift stations and provide analysis; $3,200 • Review gravity sewer capacity in Memorial Drive and downstream lift stations: $1,600 • Explore for watermain loop-concepts; $800 • Understand Well and water capacity; $1,600 • Other Misc.—Pre-Application review and Pre-Application Meetings- $4,000 (we suspect there will be some dialogue here between engineers) Total: $11,200 As mentioned, these would only cover costs associated with some up-front research and would be based on many, many assumptions. Ultimately, if an application is made to the City these fees would not be part of those review costs. The City would permit this work to continue until STANTEC exhausts such funds and would allow such work to continue once replenished or supplemented proactively. This would be embedded in the Agreement. So please review and let me know what you think. Eric From: Eric Johnson Sent: Friday, September 8, 2017 8:27 AM To: 'Daniel Parks'<Dan.Parks@westwoodps.com> Cc: istein@hy-vee.com; phoey@hy-vee.com; 'Mann, Lee'<Lee.Mann@stantec.com> Subject: RE:Cost Reimbursement Agreement Dan We will have you a formal response on Tuesday-STANTEC is reviewing. 3 However,one point of clarification.... You state: "In our earlier conversations you mentioned the possible need for an additional water well in the city.Will that well possibly need to be located within the annexation area" The City did not state this, rather you folks asked the City if it needed it, to which we clearly stated No. That position remains unchanged. Please also note, If the project TRIGGERS this demand,the project should expect to pay for it—BOTH directly and/or increased area charges. Beyond this we will hope to have this you on Tuesday. Eric From: Daniel Parks [mailto:Dan.Parks@westwoodps.com] Sent:Thursday,September 7,2017 2:55 PM To: Eric Johnson<eajohnson@cityofoakparkheights.com> Cc: jstein@hy-vee.com; phoey@hy-vee.com Subject: RE: Cost Reimbursement Agreement Thanks Eric! Dan From: Eric Johnson [mailto:eaiohnson@cityofoakparkheights.com] Sent:Thursday,September 07, 2017 2:48 PM To: Daniel Parks<Dan.Parks@westwoodps.com> Cc: jstein@hy-vee.com; phoey@hy-vee.com Subject: RE: Cost Reimbursement Agreement Dan We will review, The PREAPPLICATION form will be amended—so don't sign anything yet. Yes the cash escrow will be required at the time of submission of the Document Thank you Eric From: Daniel Parks [mailto:Dan.Parks@westwoodps.com] Sent:Thursday,September 7, 2017 2:45 PM To: Eric Johnson<eaiohnson@cityofoakparkheights.com> Cc:istein@hy-vee.com; phoey@hy-vee.com Subject: RE:Cost Reimbursement Agreement Hi Eric, 4 The signed Pre-Application Agreement form will be sent to you from someone at Hy-Vee, so if you have any changes in the form please forward. Here are some background and scope items we would need Stantec to review and analyze: We are presently working on concept site plans for the Hy-Vee property and working with Premier Bank on their property and should be able to soon provide sketches with proposed building areas. At this time most of those properties will be shown as retail/commercial/industrial. I believe the city's comp plan has a loading rate for those types of uses at 1,000 gal/ac/day. Hy-Vee is also be trying to include a multiple family component into this project south of the big box stores. Perhaps 100+ units. We will provide that information when available. For the area south of the Hy-Vee property(Longacre, Palmquist), Stantec will need to make an assumption about that future land use. In reviewing this information please let me know what additional technical information may be needed for the sewer and water capacity analysis. The 2009 Comprehensive Sewer Plan shows the annexation area being within Service Area W12 and draining to Lift Station W11LS. From that point there is a forcemain heading northeast to node W8.2 and from there draining in a 10" pipe gravity pipe to the east. Can the W11LS and forcemain accommodate the proposed flows from the annexation area? And can the 10"gravity line also accommodate the flows? Are there any other impediments to flow downstream that will need to be corrected with development? Can the wastewater treatment plant accommodate the annexation area flows? As shown on the attached Off-Site Improvements graphic we are showing a sewer and water extension from Memorial Drive within the proposed 58th Street Extension. We are also showing another extension possibility further south on Memorial Drive. We will need Stantec to review and comment about the ability of the 8" sanitary sewer line in Memorial Drive to pass the proposed annexation area flows. The city sewer plan shows the flows draining south to 55th street and then east to W11LS rather than down Memorial Drive as we have outlined. As shown in the city's Water Supply Plan, the annexation area is shown to be serviced with a 12"watermain, which is extended from Memorial Drive and looped east on 55th Street. In this manner the annexation area is looped, however the Kern Center is not—as it is only serviced from a single line on 58th Street. Will the development in the annexation area require a watermain loop further east on 55th Street, perhaps to or through the school property? In our earlier conversations you mentioned the possible need for an additional water well in the city. Will that well possibly need to be located within the annexation area? There will likely be some ongoing conversation between Westwood and Stantec as this review proceeds. Please consider me as the contact person. In addition to the form, please let us know how we can get Stantec engaged (do we need to provide escrow money now?) and how soon we might expect some answers/responses. We are anxious to get the technical issues resolved this month so the overall project feasibility can be determined. Thank you! Daniel Parks, PE Eden Prairie Office Leader Westwood Professional Services 7699 Anagram Drive 5 Eden Prairie, MN 55344-7310 DIRECT 952-906-7435 CELL 612-418-4492 EMAIL dan.parks@westwoodps.com WEB www.westwoodps.com From: Eric Johnson [mailto:eajohnson@cityofoakparkheights.com] Sent:Wednesday,September 06,2017 3:10 PM To: Daniel Parks<Dan.Parks@westwoodps.com> Subject: RE:Cost Reimbursement Agreement Dan In speaking with our Staff—philosophically we can understand the need—we will be making some edits to the sample document I shared yesterday. However,STANTEC will require what scope of work you would ask them to perform, perhaps a list of things you are trying to accomplish, This way there can be fewer unknowns and a better budget can be identified. Could you put that list or scope together for our review? Eric 6 CITY OF OAK PARK HEIGHTS-PRE-APPLICATION COST REIMBURSEMENT AGREEMENT The City of Oak Park Heights makes every effort to keep the cost of development and building applications reasonable.The current permit fees,staff and connection charges are maintained to recover costs incurred of reasonably expected.The City ( s does not generate surplus revenues from these activities. The City affords an applicant/developer the opportunity to meet ONCE with all pertinent City Staff and Consultants(City /‹.. () Attorney, Engineer, Planner,Arborist)free of charge to discuss general concepts and answer general questions relating to a proposed development and City requirement(s)/ expectation(s). The meeting is known as a PRE-APPLICATION meeting (see City Ordinance 401.03 A (1)). It remains the responsibility of the developer and/or applicant to follow all applicable Federal,State and Local laws and Ordinances.Until a formal application is submitted and accepted,a developer and/or applicant may not make additional contacts with City Consultants nor will City Consultants engage in responding to subsequent questions or comments from those developers and/or applicants.All subsequent questions from applicants and/or developers shall be directed to City Staff. If a developer and/or applicant has additional questions for the City that require the services of a City Consultant,but has not yet submitted a formal application,the City may in its discretion allow those questions to be presented but will require the developer and/or applicant post a cash security in an amount estimated by the City(below)AND to reimburse the City for those actual costs incurred even if no actual application is ultimately submitted. Escrows shall be refunded once all costs are re-paid to the City in full. By signing below,you(the Applicant)agree to reimburse the City of Oak Park Heights for all applicable out-of-pocket expenses incurred by the City from its Consultants relative to a possible project.You-the Applicant-further acknowledge and agree that: 1) Any data made available from or to the Applicant shall be considered public. 2) That City consultants shall act in the best interests of the City and shall not provide assurances as to outcomes, cost participation, feasibility or any other advocacy for the Applicant. 3) City participation in this effort Is not a guarantee of any approval or specific design and shall not constitute a plan submission as outlined in MN Stat 15.99,nor a plan review which will require additional review fees and additional complex submissions for which will be reviewed independently of this Pre-application process. 4) At no time shall the City or its Consultants design any systems for an Applicant nor be an advocate or agent for the Applicant. The work anticipated shall be only as shown generally in the Exhibit 1-Affixed Hereto. 5) At no time may work asked to be engaged by the Applicant exceed a total value of$11,200.00 and shall be paid to the City at the time of submission of this Agreement. 6) At such time,the City advises the Applicant that the City has exhausted the value of the above amount for any pre-application reviews, the City shall cease all further work until the amount is replenished or further supplemented by the Applicant. 7) At the completion or termination of the Pre-application process,the City may either provide a direct billing for the work provided and/or may take necessary funds from the escrow-with any remaining funds to be returned to the Applicant. 8) The City may end this Pre-Application relationship at any time and for any reason the City deems reasonable with all sums due and payable immediately. 1 NAME OF APPLICANT(FIRM): /1✓y` V C t Li.c Signature for Applicant: Date 9�i.�h7 (this signature MUST be from the APPLICANT-and from a per.o apab of biding the Applicant to the Agreement) PRINTED NAME OF SIGNATURE Ji tic r /• _SW:�l Site Address or PIN#s: dG, OZ9.2a.2 Z.oco f 06,dz9.2e.zz. z,OC.OZ9.o20.oZ3.*0tl 66.0 Z9.20.22.o0G3 Short Description of Project Assistance the Applicant would seek: ✓ 1-, 74.)to)�g.v;o C C! SGe. A••,o� L✓.vaKr Approved by the City: DATE /�ai)7 Eric Johnson,City Administrat -Not Valid Until Signed. ESCROW AMOUNT:$11,200.00<-This amount shall be deposited with the City.Once deposited and approved by City Signing Above the Applicant may begin work with City consultants. EXHIBIT 1• TO CITY OF OAK PARK HEIGHTS - PRE-APPLICATION COST REIMBURSEMENT AGREEMENT • Drawdown test of two lift stations and provide analysis: $3,200 • Review gravity sewer capacityin Memorial Drive and downstream lift stations: $1,600 • Explore for watermain loop-concepts; $800 • Understand Well and water capacity, $1,600 • Other ENGINEERING Related Pre-Application review and Pre-Application Meetings- $4,000 Total: $11,200 fafkb' Sept _, C�yojG park yP \9yfs Q ssp 1 s c:47 CITY OF OAK PARK HEIGHTS 14168 OAK PARK BOULEVARDtyofoakmParkke PO BOX 2007 OAK PARK HEIGHT, MN 55082 1— i II II 'S20328 1_1 Hy—Vee, Inc. VENDOR NUMBER: 229166-00 CHECK NUMBER 1799493 U IIQ5820West WDes estowMoin nesParkway PAYABLE TYPE EXPENSE IA 50266 CHECK DATE: 09/13/17 Walls Fargo Bank, N.A. I i (515) 267-2800 Wart 115 l Drive VOID 90 DAYS AFTER ISSUE DATE Van Wen, OH 15891 1 I 56-382/112 I_— PAY Eleven Thousand Two Hundred and 1110100 Dollars S******11 200.00 TO THE CITY OF OAK PARK HEIGHTS ORDER OF: 14168 OAK PARK BOULEVARD I I PO BOX 2007 —��-2 ---___- ______ IJ OAK PARK HEIGHT, MN 55082 TREASURER— I-1 II' L ?99493Ia 1:04L2038241: 960009966 20 I I REMOVE DOCUMENT ALONG THIS PERFORATION Hy—Vee, Inc. VENDOR NAME: CITY OF OAK PARK HEIGHTS CHECK NUMBER: 1799493 5820 Westown Parkway VENDOR NUMBER: 229166-00 CHECK DATE: 09/13/17 West Des Moines, IA 50266 PAYABLE TYPE: EXPENSE PAGE 1 (515) 267-2800 INV.DATE ACCOUNT NO. LOCATION INV. NO. EXPLANATION AMOUNT 9/13/17 155-00-1-06002 OFFICE-WDM OAKPARK CONSULTING FEE 11,200,00 11,200.00 UiiIFoo. EMPLOYEE OWNED Engineering Department 5820 Westown Parkway West Des Moines, Iowa 50266 Phone (515) 267-2800 Date: September 13, 2017 Transmittal To: City of Oak Park Heights c/o Eric Johnson SEP1 otOak 9h/s From: Jeff Stein Subject: Pre Application Cost Reimbursement Agreement Attachments: • Signed Agreement • $11,200 check Remarks: Please find enclosed pre app cost agreement and a check. Signed: � '/� g - r' Jeffrey T. Stein, PE