HRA 07/09/1987 - 6533HOUSING & REDEVELOPMENT AUTHORITY
THURSDAY, JULY 9, 1987
7:00 P.M.
Nasim 4ureshi
Director of HRA
and official Copy
City of Fridley
AGENDA
HOUSING & REDE mapmENT AUTHORITY MEE m THURSDAY, JULY 9, 1987 7:00 P.M.
Location: Council Chamber (upper level)
�AI,L TO ORDER:
ROLL CALL-
APPROVAL OF MINUTES:
Housing & Redevelopment Authority Minutes: June 11, 1987
ADOPTION OF AGENDA:
CONSIDERATION CF LOU LUNDGREN' S LETTER OF CREDIT 1
PRESENTATION CF UNIVERSITY AVENUE CORRIDOR MEDIAN TREATMENT
PROPOSAL BY BARRY WARNER OF BARTON ASCHMAN ASSOCIATION, INC. 2
LAKE POI= CHANGE ORDERS 3- 3Y
A. Arbitration Payment Change Order ..................... 3C -3D
B. Woodbridge Drive Road Improvement Change Order ..................... 3E
C. Street Light Bolt Change Order .................................. 3F-3L
D. Arbitration Agreement Proposal for Mining Sand......... , ........... 3M -30
E. Approval of the Pad A Modified Equal Agreement ..................... 3P-3V
F. Hotel Pad Sand Requirement . 3W- 3 X
G. Possible Pad A Enlarged Approval ...... 3Y
CONSIDERATION C'_ 010M QG DETAIL DESIGN FOR RICE CREEK ROAD
IMEWEt►"TNTS .. .4-4C
OMiER BUSINESS:
CITY OF FRIDLEY
HOUSING AND REDEVELOPMENT AUTHORITY MEETING, JUNE 11, 1987
CALL TO ORDER:
Chairperson Commers called the June 11, 1987, Housing & Redevelopment Authority
meeting to order at 7:06 p.m.
ROLL CALL:
Members Present: Larry Comers, Virginia Schnabel, John Meyer
Members Absent: Walter Rasmussen, Duane Prairie
Others Present: Jock Robertson, HRA Director
Nasim Qureshi, City Manager
Dave Newman, HRA Attorney
Rick Pribyl, Finance Director
June & Louis Lundgren, 1140 Minnesota Bldg., St. Paul
Gerald Sunde, Sunde Engineering
APPROVAL OF MAY 14, 1987, HOUSING & REDEVELOPMENT AUTHORITY MINUTES:
MOTION BY MR. MEYER, SECONDED BY MS. SCHNABEL, TO APPROVE THE MAY 14, 1987,
HOUSING & REDEVELOPMENT AUTHORITY MINUTES AS WRITTEN.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE MOTION
CARRIED UNANIMOUSLY.
1. CONSIDERATION OF LOU LUNDGREN'S LETTER OF CREDIT:
Mr. Robertson stated that in the agenda packet handed out at the meetina was
a letter from Mr. Lundgren stating he would be present at this meeting and
would give the HRA a pr ogress report on the financing of the Fridley Plaza
Project.
Mr. Lundgren stated the bad news was that he fi as not been able to bring
a firm commitment for financing, but the good news was that he was in the
process of hopefully finalizing arrangements for financing through a tax
exempt bond for both the first and second phases simultaneously. He stated
since he did not have a deal committed at this time, he could not divulqe
the names, but would tell Staff as soon as it was possible, hopefully by
the following week.
fir. Lundgren stated that regarding the situation with Winfield Development,
he had made an offer and had tried to get in touch with them several times,
but they have not returned his telephone calls. He had no idea at this time
the status of this situation.
1
HOUSING & REDEVELOPMENT AUTHORITY MEETING, JUNE 11, 1987 PAGE e
Mr. Lundgren stated he also still had the two previous offers in terms of
the financing on a conventional basis. One was through Steinberg Financial
Co., and one was through Rothschild Financial Corp. Both are dependent upon
some additional credit on the firmness of the project.
Mr. !Meyer stated that at the last meeting, Mr. Lundgren had given the HRA
the changes recommended by the Maxfield Research group in terms of the numbers
of units, rearranging the mix, etc. Were these changes incorporated in the
preliminary plans that are presented to new potential mortgagers?
Mr. Lundgren stated, yes, all the numbers and figures recommended by the
Maxfield Research group were in the preliminary plans presented to all
potential mortgagers.
Mr. Commers stated that at the last meeting, Mr. Lundgren had suggested a
July 1 date for starting construction.
Mr. Lundgren stated that starting construction on July 1 was virtually impos-
sible at this time, but starting construction in July was not impossible.
Ms. Schnabel stated that while the money market was very positive right now,
the rental market was very soft, and there did not seem to be a lot of
incentives for the renter.
Mr. Lundgren stated there were a lot of things coming on the market this year,
and it was true that in terms of trying to get the renter, there was a war on
incentives, etc. But, there were still areas where buildings were being
constructed and buildings were being rented. He stated the lenders were going
to be lo9king for a study such as the Maxfield Research group study or some-
thing like that, and the Maxfield study was a very positive study. He thought
that when Mr. Maxfield was at the meeting, he had said if this building was
in some other location, he might not be so positive, because there is over-
building in other locations in the metropolitan area.
Ms. Schnabel stated she found herself wearing down a little bit. They have
been going on for almost a year now with no firm financial person in the
picture.
Mr. Lundgren stated it was not an easy job, and it was a time - consuming job.
He stated that in this kind of business, you just have to keep going and
continue to have some optimism.
Mr. Commers asked if Staff's recommendation was still the same as that
expressed at the last meeting.
Mr. Qureshi stated he did want to alert Mr. Lundgren that there are
conta-¢ttrbeing made by other parties interested in this site,
and City Staff was pursuing all possible contacts. Whoever comes first,
either Mr. Lundgren or another developer, with a reasonable financially
backed development agreement will develop the property.
r,
HOUSING & REDEVELOPMENT AUTHORITY MEETING, JUNE 11, 1987 PAGE 3
Mr. Commers asked Mr. Lundgren if he understood what Mr. Qureshi had said.
Mr. Lundgren stated he has always understood that.
Mr. Commers stated that, hearing no motions, the item would remain on the
table. He would continue to caution Mr. Lundgren that the end was inevitable,
and he hoped Mr. Lundgren would be able to do something before that happened.
2. LAKE POINTE STATUS REPORT:
a. Consideration of Sunde Engineering-Staking and Inspection Change Orders
Mr. Robertson stated that in the agenda was a memo dated April 24, 1987,
from Mark Burch to himself regarding Change Order No. 1 to Sunde
Engineering Contract for Engineering Services on Lake Pointe Development.
Attached to the memo was Fir. Sunde's break -outs and estimates. Mr. Flora
had spoken to Mr. Sunde earlier that day and had asked him to attend
the meeting to answer any questions the HRA might have.
Mr. Commers asked if there were other charges being made by Sunde Engi-
neering as a result of appearances by Sunde Engineering at the Enebak
Arbitration matter.
Mr. Sunde stated, yes, those charges were billed separately.
Mr. Commers asked at what capacity did people from Sunde Engineering
appear at the arbitration. Did the City retain them to appear as wit-
nesses or experts on behalf of the HRA?
Mr. Newman stated Sunde Engineering had worked very closely with Mr. Herrick
in preparing the HRA's presentation and also testified on behalf of the HRA.
Mr. Commers stated that regarding Change Order No. 1, they were talking
about another $2,300 for the inspection part of the contract and $5,200
for the staking part of the contract. He asked if Mr. Flora and Mr. Burch
had reviewed this and approved it?
Mr. Robertson stated that was correct.
Mr. Meyer stated that, as he understood it, the original contract was
based on an estimate and was not intended as a lump sum.
Mr. Sunde stated that was correct. They normally try to estimate before
construction. In the spring, they tried to estimate again what it would
cost to finish the project.
MOTION BY MR. MEYER, SECONDED BY MS. SCHNABEL, TO APPROVE CHANGE ORDER
NO. 1 TO SUNDE ENGINEERING CONTRACT FOR ENGINEERING SERVICES ON LAKE
POINTE DEVELOPMENT, IN THE AMOUNT OF $7,500.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE MOTION
CARRIED UNANIMOUSLY.
-1
HOUSING & REDEVELOPMENT AUTHORITY MEETING, JUNE 11, 1987 PAGE 4
b. Consideration of Lot Combination for Hathaway Lane Realignment
Mr. Robertson stated this was in connection with the redesign of the
intersection at T.H. 65 /Lake Pointe Drive /Old Central /Hathaway. He
stated the corner lot has been acquired, and they are now at the point
where they are finalizing the transactions. Memo PW87 -172 from Mr. Flora
dated June 5, 1987, referred to 2,938 sq. ft. from Lot 4 that is attached
to Lot 3 and 154 sq. ft. also from Lot 6 that is going to be attached to
Lot 3 in order that the existing driveway to Old Central is closed and
the now driveway will be built off Hackmann. It was Staff's recommenda-
tion that the HRA approve the lot split and combination action and
the property purchases so it can be executed and processed through the
City Council.
Mr. Robertson stated that at the last meeting, he had informed the HRA
the Staff had made an offer to UNOCAL for the road easement, and the HRA
authorized Staff to proceed. He stated two days ago, they received the
agreement from UNOCAL and a copy had been given to the HRA members at
this meeting.
MOTION BY MS. SCHNABEL, SECONDED BY MR. MEYER, TO RECOMMEND TO PLANNING
COMMISSION AND CITY COUNCIL THE APPROVAL OF THE LOT SPLIT AND COMBINATION
ACTION AND THE PROPERTY PURCHASES WITH REGARD TO THE HATHAWAY LANE
REALIGNMENT.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE MOTION
CARRIED UNANIMOUSLY.
c. Receive Summary of Enebak Arbitration
Mr. Commers asked if an award had been made.
Mr. Newman stated no award has been made at this time.
Mr. Robertson stated that in the agenda packet handed out at the meeting
was a memo from Mr. Herrick dated June 11, 1987, which gave a more detailed
report of the arbitration between the City of Fridley and Enebak Construc-
tion Co.
Mr. Robertson stated that also received at the meeting were two memos
from John Flora dated June 10, 1987. One was to Mr. Herrick on the subject
of a " Sunde Meeting - Enebak Construction ". As a result of a meeting with
Mr. Herrick on the previous Friday, Mr. Herrick directed Staff to meet
with Mr. Sunde to consider any ways that the contract or changes by Enebak
could be modified to reduce any costs at this point. Mr. Herrick had
directed Staff to consider Items 1 - 7 in Mr. Flora's memo.
Mr. Robertson stated.that as outlined in the second paragraph of the
June 10th memo from Mr. Flora to Mr. Herrick, Staff had ,00Ked at various
alternatives for the earthwork in the area known as Pad N, in the north-
HOUSING & REDEVELOPMENT AUTHORITY MEETING, JUNE 11, 1987 _ PAGE 5
eastern -most corner of the site. That was the part that has not been
started that was the most ambiguous in terms of the original document,
and the recommendation from Public Works after meeting with Mr. Sunde
was to go ahead and construct Pad A to a revised equalized area. A
revision was necessary to conform to the final alignment of the access
road and the area and location of the turnback property from T.H. 65.
Mr. Commers asked what was meant by "revised equalized area.
Mr. Sunde stated they tried to look at a similar shape of building pad
as was in the original contract that would accommodate more of a
general building shape than the unique shape that Woodbridge had in their
original layout, but it was also the type of layout that would require
the same work effort for the contractor.
Ms. Schnabel stated that she knew the attorneys were trying to protect
the City's interest and the HRA's interest, but if they are also into the
contracting business, that was where she got a little nervous. Who was
really in control?
Mr. Newman stated City Staff and HRA Staff were in control. In a letter
from Mr. O'Keefe to Mr. Haik dated June 5, 1987, Mr. O'Keefe was objecting
that the contractors on site have been instructed not to communicate
with Mr. Weir and to receive direction only from City Staff or representa-
tives of City Staff.
Ms. Schnabel stated that if Woodbridge should pull out of the project and
a new developer came in, by putting in the pads, was the City committed
to these buildings in these locations?
Mr. Qureshi stated there was some commitment to the locations, however,
plans for the buildings and locations could always be modified somewhat.
tis. Schnabel asked-if the layout of these particular buildings in these
particular areas was laid out in positions that were most satisfactory
from a planning standpoint.
Mr. Qureshi stated this was the logical layout as anticipated by Wood-
bridge. However, even though they are spending money for soil correction,
there was still the possibility of some modifications to the layout in
the future.
Mr. Meyer stated they have to face the fact that if the Woodbridge deal
falls through and they get another developer, it would be highly coincidental
if these pads could be used fully. The work was not necessarily wasted or
negated completely, but a new developer would have to have new pads or
extensions of pads.
Mr. Newnan stated another thing to keep in mind was that most of the work
on the building pads was completed before this impasse occurred. It was
his understanding that the only building pad they have any flexibility on
is Building Pad A.
HOUSING & REDEVELOPME14T AUTHORITY MEETING, JUNE 11, 1987 PAGE 6
d. Change Order No. 2 to the Enebak Construction Contract
Mr. Robertson stated in Mr. Flora's letter dated June 10, 1987 (PI487 -184),
Mr. Flora had stated that with the excavation of the Woodbridge Drive
right -of -way, it became known that there was a section within the road
between stations 1500 and 2200 that there were poor soils to support the
roadway design. Enebak Construction had indicated it would cost $12,000
to correct the soil in that area.
Mr. Meyer asked if this poor soil was found during the course of the
preliminary excavation.
Mr. Sunde stated the poor soil was found during the course of cutting into
the north road - -in the northeast corner of the road.
Mr. Meyer stated that if a boring had been done in this area, wouldn't
that potentially have identified the poor soil? If that was true, was this
an area that Enebak should have been aware of in their original contract?
Mr. Sunde stated that had been discussed. It had also been discussed
whether or not a change order should be drafted, but it was the general
feeling that this was a condition that was not anticipated at that time.
Borings were spread out about every 100 -150 ft. on center over the site.
Mr. Meyer stated it seemed there might have been a boring or two in this
road area. Whatever the HRA decided to do with the change order was
secondary, but he would like to know if there were any borings done in
this particular area. There was a potential $200,000 suit against the
City, and now Enebak was asking for an additional $12,000 change order
in a 700 ft. stretch of land with borings 100 -150 ft. on center each way,
and poor soil wasn't found and bid with the original contract? He felt
$12,000 was quite a high sum of money, and he felt it was something that
should be looked into.
MOTION BY MS. SCHNABEL, SECONDED BY MR. MEYER, TO APPROVE STAFF'S RECOM-
MENDATION TO APPROVE CHANGE ORDER NO. 2, DEMOLITION AND SITE GRADING
PROJECT #163, IN THE AMOUNT OF $12,000, TO ENEBAK CONSTRUCTION CO.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE
MOTION CARRIED UNANIMOUSLY.
3. CLAIMS (1605 -1614)
MOTION BY MR. MEYER, SECONDED BY MS. SCHNABEL, TO APPROVE THE CHECK
REGISTER AS PRESENTED.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE
MOTION CARRIED UNANIMOUSLY.
HOUSING & REDEVELOPMENT AUTHORITY MEETING, JUNE 11, 1987 PAGE 7
4. ANNUAL FINANCIAL STATEMENT:
Mr. Coroners stated that since the annual financial statement was just handed
out at the meeting, he would like time for the Commissioners to review the
report and then discuss it at the next meeting.
ADJOURNMENT:
MOTION BY MS. SCHNABEL, SECONDED BY MR. MEYER, TO ADJOURN THE MEETING. UPON A
VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE JUNE 11, 1987,
HOUSING & REDEVELOPMENT AUTHORITY MEETING ADJOURNED AT 8:35 P.M.
ARes ectfully sub 'tted,
y as
Recording Secretary
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O'= PLANNING DIVISION
MEMORANDUM
anroF
FRIDLEY
MEND TO: Housing and Redevelopment Authority..
MEMO FROM: Jim Robinson, Planning Coordinator�w /
MEMO DATE: July 2, 1987
RMARDING: Lundgren Letter of Credit
I spoke with Mr. Lundgren today regarding the status of his letter of credit.
Mr. Lundgren feels he is making scene progress in the negotiations previously
discussed with the HRA.
Mr. Lundgren will be in attendance at the HRA meeting on July 9, 1987, to
update the HRA on his current position.
JLR/lmn
M-87 -149
I
'= PLANNING DIVISION
MEMORANDUM
uNOF
FRIDLEY
MEMO TO: Housing and Redevelopment Authority
MEMO FROM: Jim Robinson, Planning Coordinator
MEMO DATE: July 2, 1987
pMMING: University Avenue Median Design Presentation
Barry warner of Barton Aschman Inc. will be presenting the pros and cons of
various median lanscaping alternatives to the HRA on July 9th.
Barry will also discuss MnDOT restraints and present a brief slide show to
illustrate some landscape techniques used on other corridors.
Be there or be square.
cc: Jock Robertson
JR/lmn
M-87 -150
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MEMORANDUM
TO:
Nasim Qureshi, City Vanager Fw87 -209
FROM: John G. Flora, Public Works Director
DATE: June 26, 1987
SUBJECT: Enebak Arbitration
On June 17, 1987, we received the arbitration decision on the Enebak
Construction contract, Demolition & Site Grading Project No. 163. The
decision awarded $123,363.00 to Enebak plus identified specific costs for the
mining, compaction and importation /exportation of materials on the site.
On Friday, June 19, 1987, we had a meeting in the offices of Herrick and
h-f-w an• Robert Enebak, Jerry Svoboda (Enebak's Attorney) , Tom Radio (our
Arbitrator), Virail Herrick, Eric Nesset and Jeff Olson from Woodbridge
Properties, Jock Rcbertson, Kasim Qureshi and I were present. The purpose of
the reeeting was to discuss the arbitration award and the completion of the
Lake Pointe Project. As a result of the discussion, it was agreed that a
change order would be executed for the payment of the $123,363.00 award.
Included within that change order would be the agreement that any sand mined
outside of the periureters of the contract, excavations would be accomplished
at a rate of $1.00 per cubic yard and the replacement of compacted clay at
$.25 per cubic yard. The onsite Inspector will discuss and attempt to
resolve any disputes regarding available sand within the contract areas.
Upon completion of the project from the quantities of sand mined, any
appropriate material in excess of 2,000 cubic yards determined to be
remaining within the project work areas would be deducted at the same rate
from the calculated quantity.
Sunde Engineering was to provide Enebak with the Pad A Modified Equal Plan as
requested by Woodbridge for Enebak to determine if there were any additional
costs associated with this change (I have been informed that Enebak has
agreed to complete Pad A Modified Equal as a substitution of the original
contract) . In addition, Sunde Engineering was to provide Enebak a plan for
Pad A Enlarged for cost estimate as requested by Woodbridge. Upon receipt of
the additional cost estimate, Woodbridge would inform the City of any
determination made as to the possible expansion of work to be accomplished.
FWDLY
3A
Page Two - IN87 -209
Tree type of material to be used in the top eight feet of the hotel excavation
was to be clarified (Subterranean Engineering is submitting a letter
indicating the original plans incorporated a Type 3 (clay) fill) . In
addition, Sunde Engineering, in coordination with Woodbridge, is to provide
an alternate area plan for the hotel in order to reduce the over excavation
in the building setback areas of the site. These items were considered
because of the insufficient sand within the project excavation areas
available for the hotel site and as a means of reducing the aQr,ount of mining
which may be required. It was agreed at the meeting that no offsite
materials will be brought in and, if necessary, adjustments would be made to
the hotel fill level.
As a result of the arbitration at the meeting of June 19, certain actions
will be necessary in order to allow for the progression of work to be
accomplished by the contract completion date of August l:
1. The arbitration change order approval will be required. This
process should be accomplished by fix. Herrick.
2. The rining cost proposal should be accepted by the HRA and City
Council. This information should be processed through Fir. Herrick.
3. Pad A Erlaroed will have to be determined by Voodbridge and
processed 4, ti,e FRA and the City Council in an expeditious manner
if a positive request is received f ron voo6bridge and work is to be
acco,rnplished within the existing eongract at a minimal cost.
4. A change order should be executed on the sand fill area for the
hotel pad as soon as the area has been defined and approved by
V."bodbridge and the HRA.
5. An additional change order is required to stablize a portion of
Woodbridge Drive in order to allow for the completion of the road
and facilitate the landscaping contract. This change order should
be subr..itted by Sunde Engineering.
7. In addition to the above, a change order to the landscaping
contract, Landscaping, Lighting and Irrigation Project 1168, should
be approved for the street light base bolt assembly requested by
woodbridge and submitted by Ernst Associates, Inc.
r
AMERICAN ARBITRATION] ASSOCIATION
CONSTRUCTION INDUSTRY ARBITRATION TRIBUNAL
-------------------------------------------
-In --- the ---- Ma-tter ----- of the Arbitration between
ENEBAK CONSTRUCTION COMPANY
AND
CITY OF FRIDLEY
Case No. 56 110 0221 e6
AWARD OF ARBITRATORS
WE, THE UNDERSIGNED ARBITRATORS, having been designated in
accordance with the Arbitration Agreement entered into by the
above -named Parties, and dated July 1926 and having been duly
sworn and having duly heard the proofs and allegations of the
Parties, AWARD as follows:
1. City of Fridley, hereinafter referred to as RESPONDENT, shall
pay to Enebak Construction Company, hereinafter referred to as
CLAIMANT, the sum of ONE HUNDRED TWENTY -THREE THOUSAND THREE
HUNDRED SIXTY -THREE DOLLARS AND NO CENTS (5123,363.00)
2. In the matter of the change order:
To the extent there is an insufficient amount of select granular
material in the areas presently planned to be excavated to
complete the project in accordance with the plans and
specifications, the contractor shall first reasonably exhaust
sand in areas in which there is planned excavation. Next, the
contractor shall reasonably exhaust available sand in other areas
on site as directed by the engineer. Finally, the contractor
shall import sand from off -site. With the exception of blending
sand to obtain compaction because of moisture of in -place clays
in excess of two (2) to five (5) percent moisture over optimum,
sand may be placed only in areas specified in the plans.
The contractor shall be paid his actual cost of said work,
including all insurance costs and supervision costs plus ten (10)
percent for overhead and profit subject to the following maximum
charees:
Mine sand from areas on 51.00 cu. yd.
project site not presently (excavated volume)
planned to be excavated
ATTACHMENT A
3C
I
SUNDE ENGINEERING, INC.
GERALD M. SUNDE, Consulting Engineer
CITY OF FRIDLEY
6431 University Ave. N.E.
Fridley, Minnesota 55432
Attn: Mr. John Flora
Dear Mr. Flora:
9001 East Bloomington Frwy. • Bloomington, MN 55420 • (612) 881 -3344
July 1, 1987
Re: 258 -85, LAKE POINTE CORPORATE
CHANGE ORDER NO. 3
This letter is intended to provide supporting information for consideration
of the above Change Order by the Housing and Redevelopment Authority. The specific
Change Order describes work involved in subcutting slightly more than 500 feet
of roadway on the Lake Pointe project. The subcut area would be refilled with
sand and gravel materials. The purpose of the Change Order is to provide a more
stable subgrade.
Attached to this letter is a portion of the site grading plan which shows
the location of the proposed subcut and also of the several borings in the area.
We have also enclosed copies of the boring logs for soil borings AA -10, AA -14,
B -16, and C -17.
The Change Order is requested because conditions in the work area varied
from that shown on the original plans or soils reports. Review of the attached
soil boring logs indicate that, at borings, AA -14, and B -16, silty fine sand
exists at the ground surface underlain by SC and CL soils. For both of these bor-
ings, the water level was measured at more than 14 feet of depth. When work began,
the actual case which existed in the field was that the SC and CL soils prevented
downward sepage of water and a perched water condition existed near the ground
surface. This situation has persisted until just recently when the unusually dry
spring and early summer resulted in drying. The grade in this area is now rela-
tively stable.
As the attached letter from Subterranean Engineering Corporation indicates,
their primary concern for the stabilization of subgrade in the work area is to
lessen the chance for frost heaves and /or frost suseptability beneath the fin-
ished roadway. We believe that this is a logical recommendation based on actual
field conditions and that the Change Order should be implemented.
Please contact me if you have any questions or require further information.
Yours very truly,
SUNDE ENGINEERING, INC.
Gerald M. Sunde,
P.E.
GMS:mjm m ATTACHMENT B
K 1
3
R9
4
lot, AssoclaWw-l-
V
June 17, 1987
Mr. Mark L. Burch
Assistant Director of
City of Fridley
6431 University Avenue
Fridley, MN 55432
Dear Mr. Burch:
Public Works
N. E.
In your letter dated June 16, 1987 you list
regarding light base design. This letter
response to my letter dated June 11, 1987 to
the construction of these foundations.
three alternatives
is presumably in
Mr. Flora regarding
In my letter to Mr. Flora I furnished the anchor bolt pattern
(item 4) which Woodbridge was to supply for these foundations.
If you recall, the City of Fridley's specifications for this work
indicated that an anchor bolt pattern had not been determined
when this work was bid, but that it would be furnished prior to
the time these anchor bolts were to be installed. I simply
furnished this information so that it could be passed on to the
subcontractor which will do this work.
The other items (1 -3) in my letter of June 11, 1987 seem to
Woodbridge as just sound engineering practice for the
installation of these. foundations. The City of Fridley may
incorporate these suggestions in their specifications for these
foundations or not, at your discretion.
In other words, my letter to Mr. Flora, dated June 11, 1987, did
not request any changes to light base locations or the City of
Fridley's specifications for these light bases. We simply
furnished an anchor bolt pattern, which it was our understanding
we were to provide prior to the installation of these anchor
bolts, and offered some suggestions regarding the installation of
these bases.
In a conversation I had with Mr. Flora shortly after we spoke
this afternoon he said that the installation of the anchor bolts
is included in the City of Fridley's contract but not the actual
anchor bolts. Mr. Flora went on tho say that a change order,
adding the cost of the anchor bolts could be issued if he
received a written request from Woodbridge to do so. Please
consider this our written request that the City of Fridley add
%%oodbridge Properties. Inc. • 320 %%'oodbridge Plaza • 10201 %Vayzata Boulevard • Minnetonka. Minnesota 55343 1612,541-101)!
3I
the anchor bolts to the contract so that they can be installed
per the pattern in my letter to Mr. Flora dated June 11, 1987,
item 4. Information I have received regarding cost-of anchor
bolts indicated they should cost approximately $50 -$75 per set
for each light foundation. -
The- above request, per Mr. Flora's instructions, is being
provided on the assumption that the pending disputes between
Woodbridge Properties, Inc. and the City of Fridley and HRA can
be resolved satisfactorily and the project can proceed
accordingly. This letter should not be construed as a waiver or
change in position by Woodbridge with respect to those pending
disputes. Rather, this request is provided because these matters
must be considered regardless of who ultimately develops the site
and to mitigate problems and complications in the event the
project does go forward.
Sincerely,
WOODBRIDGE PROPERTIES, INC.
Eric W. Nesset
Director of Construction
EWN /ppd
%%oodbridge Properties. Inc. - 320 %%oodbridge Plaza - 10201 Wavzata Boulevard - Minnetonka, Minnesota 55343 (612- 541 -100)
31
CITY OF
FMDLEY
CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571 -3450
June 16, 1987 PW87 -117
Mr. Eric Nesset
Woodbridge Properties, Inc.
320 Woodbridge Plaza
10201 Wayzata Boulevard
Minnetonka, 144 55343
Dear Nr. Nesset:
The landscaping contractor for,the above project is about to install light
bases for the street lights along the site roadways. Recently, the City
received your comments concerning possible changes.to the light base
design. We are now requesting how Woodbridge wishes to handle changes in
the light base design. Alternatives are as follows:
1. If Woodbridge wishes changes to the bases as indicated in
their recent letter, the City will require detailed plans and
specifications from their consultant. Then the site
contractor will be contacted for possible changes in cost.
The City will assess the additional cost to Woodbridge.
2. If Woodbridge wishes to install the bases as now designed in
the locations shown on the landscape plans, please inform me
or Fir. Gerry Sunde by letter.
3. If Woodbridge wishes deletion of the light bases, contact me
or Mr. Sunde by letter.
If there is no response to this letter by close of business on June 17,
1987, the City will delete the street light bases from the landscaping
contract.
Sincerely,
Aark L. Burch
Assistant Director of Public Works
na /ts
3.t
June 11, 1987
Mr. John G. Flora
Director of Public Works
City of Fridley
6431 University Avenue N.E.
Fridley, MN 55432
RE: Lake Pointe Corporate Center
Street Lighting
Dear Mr. Flora:
As the time to install the foundations for street lights
approaches, I would like to make you aware of certain
specifications that Woodbridge believes should be followed
in the construction of these foundations. Some of these
requirements may already be in the City of Fridley's
specifications for this work while others may have to be
added to the current specifications.
1. All PVC conduit must be installed by a qualified
electrician and inspected per current electrical
codes and should be minimum of one inch in
diameter.
2. The conduit contractor should bury underground
warning tape stating (CAUTION - BURIED ELECTRIC
LINE Approximately 8" to 12° directly above PVC
conduit.
3. Prior to pouring the concrete, install copper
clad steel ground rods, not less than 3/4"
diameter by 10' long in the foundations. Drive
the rods vertically under the foundations so not
less than six (6) feet of rod is in contact with
the earth. Where rock or layered rock is
present, drill a hole not less than 20 in
diameter, backfill with tamped sand and drive the
rod into the hold. Bond the rods into the hole.
Bond the rods to the poles with not less than
number 6AWG solid bare copper wires. The method
of bonding shall be approved for this purpose.
C� w!/-
1oodbridge Properties. Inc. 320 Woodbridge Plaza • 10201 Wayzata Boulevard • Minnetonka, Minnesota 55343 (612) 541 -1000
I
4. Anchor bolts shall be hot dipped galvanized 10 x
36" x 411 with four (4) per assembly on 11N bolt
circle with bolt projection of 3 3/4" above
concrete footing for proper leveling. __ Anchor
bolts should be cage wired and oriented parallel
with the back of curb.
This information is being provided on the assumption that
the pending disputes between Woodbridge Properties, Inc.
and the City of Fridley and HRA can be resolved
satisfactorily and the project can proceed accordingly.
This letter should not be construed as a waiver or change
in position by Woodbridge with respect to those pending
disputes.. Rather, this information is provided because
these matters must be considered regardless of who
ultimately develops the site and to mitigate problems and
complications in the event the project does go forward.
Sincerely,
WOODBRIDGE PROPERTIES, INC.
Eric W. Nesset
Director of Construction
EWN /ppd
Woodbridge Properties, Inc. • 320 Woodbridge Plaza • 10201 Wayzata Boulevard • Minnetonka, Minnesota 55343 (612 ) 541 -1000
June 24, 1987
3M
eneeRm conSTRUCTIon Company
0 -- --- --
P.O. Box 458 - Northfield, Minnesota 55057 - 507 - 645 -8962 612- 333 -1307
Mr. Gerald Sunde
9001 East Bloomington Freeway
Bloomington, Mn 55420
Regarding: Lake Pointe Corporate Center
Pad "A" Modified
Dear Mr. Sunde:
Enebak Construction Company hereby agrees to perform the excavation and
backfill at the pad "A" location for the same price as the original contract
price. This agreement is contingent on the following:
1. The original specifications for backfill material do not change.
2. Pad "A" modified excavation is according to plan marked building pad "A"
scheme C X- 85077.
3. The new pad "A" location is promptly staked and made available for us to
start on immediately.
4. The City of Fridley accepts and agrees to all items outlined in Mr. Svoboda's
letter dated 6- 22 -87, with the following exception (this credit will be
available only if the final plans for the sand fill requirements at the Hotel
Pad are not changed), we agree to strike that from the agreement.
If you have any further questions, please let me know. If not, please proceed to
issue the proper change orders.
Thank you,
Robert H. Enebak
President
c/c Mark Burch
Gerald Svoboda
c ^ual Opportunity Employer" ATTACHMENT D
Re: Enebak v. City of Fridley
Dear Virgil:
Enclosed you will find my outline of the action items
which were discussed at our Friday meeting. I also have
included my understanding of the resolution of the issues
presented. To the extent my conclusions are inaccurate, I would
appreciate your reply since I think it is in everyone's best
interest to resolve as much as we can and at least identify
those issues we cannot resolve.
Sincgrely,
A,
Gerald L. Svoboda
GLS: gs
Enclosure
cc: Mr. . Tip Enebak
Mr. Thomas Radio
tABYANSKE,
SVOBODAI WESTRA, HOLPER & DAVIS
M
A PROrCSSIONAL ASSOCIATION
M. T, IAOTANSK[
1000 MINNESOTA MUTUAL LIFE CENTER
DEAN O. T04OMSQN
GERALD L. SVO60DA
400 NORTH ROBERT STREET
GART C EIDSON
MARK°M WESTRA
SAINT PAUL. MINNESOTA SS101
KEVIN V. ELLIS
PICMARO O. HOLPE6
TELEPHONC 012 - 226 -0116
VINCrNT W. KING
ROBCRT L.CAVIS
TELECOPICO O12- 226 - 0734,
.. OLSON
MARK C. PETERSON
l r
MART
JCREMIAw J. KCARMCT
1150 INTERNATIONAL CENTRE I � �'� � *�'`� r •
'.AIBRECwT
RO6[gT J. I+u6Ew
alp SECOND AVENUE SOUTH -
JAMES r. C- 0-STOrrEL
MINNEAPOLIS. MINNESOTA 5S4
'.
r W METED
�. HAI.MAgGREN
SCOTT ILOID ANDERSON
'
TELEPHONE 612 -336 -OII{ �
V. MCD
D ONALD
THOMAS L. 61RD
TELECOPIER 612 -336 -3667
I C. Ow
CHRISTOP «ER A, ELLIOTT
MAq♦ V. BrCRKAMP
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4 /,/- •, •.
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June 22, 1987 /
M. COWARQS
TO:
Paul
LAGER
Mr. Virgil C. Herrick
Herrick 6 Newman
6401 University Avenue NE �%-
Suite 205
Fridley, Minnesota
55432
Re: Enebak v. City of Fridley
Dear Virgil:
Enclosed you will find my outline of the action items
which were discussed at our Friday meeting. I also have
included my understanding of the resolution of the issues
presented. To the extent my conclusions are inaccurate, I would
appreciate your reply since I think it is in everyone's best
interest to resolve as much as we can and at least identify
those issues we cannot resolve.
Sincgrely,
A,
Gerald L. Svoboda
GLS: gs
Enclosure
cc: Mr. . Tip Enebak
Mr. Thomas Radio
Outline of Discussion on June 19, 1987
Re: Fridley Project
In Attendance: Messrs. Svoboda, Enebak, Herrick, Radio, Sunde,
Flora, Nesbitt, Olson, Qureshi and Robinson
i•. Work on project is continuing apace.
2. The project owner needs to focus on three possible
changes to the project:
a. final configuration of Pad A;
b. possible altered fill requirements for Hotel
Pad in order to conserve sand; and,
c. where to place additional clay in the event
excess clay remains (as expected by Enebak) at
conclusion of present plan fill.
3. Prompt decisions on Items 2(a) and (b) are
essential to the efficient progress of the job. Sunde has
promised to provide final information relating to Pad A on
Tuesday. June 23, 1987. The fill requirements for the Hotel Pad
should be decided by June 26, 1987, since Enebak will be at work
on the Hotel Pad site at about that time. The change, if any,
can be accomplished by written field direction.
4. Enebak will continue to conserve sand by
reasonably exhausting sand available to him in areas of
excavation and engineer- identified mining areas. Enebak agrees
he will not borrow sand from off -site unless specifically
directed to do so. However, it is.recognized that unless the
Hotel Pad fill requirements are changed or sand is imported, it
_mj9_ht not be possible to complete the job in accordance with
present plans. The engineer will issue prompt written complaints
to Enebak if he deems Enebak's sand conservation efforts to be
unacceptable.
5. . The City will pay Enebak the arbitration award
damages at the earliest practicable time after its next council
meeting. In order to facilitate measurement and payment for the
sand mining and clay compaction fill in those areas of sand
mining, the City will issue a change order directing payment for
mined sand at $1.00 cu. yd. (excavated volume) and for clay
replacement and compaction at $.25 cu. yd. In return, Enebak
will agree that if usable select granulars in excess of 2,000
cu. yds. are not used as granular fill, the City will be
entitled to a credit of $1.00 cu. yd. (excavated volume) for
each cubic yard in excess of 2,000. This credit will be
available only if the final plans for the sand fill requirements
at the Hotel Pad are not changed and only if the unused sand is
in an area of presen p an excavation.
3t�
June 24, 1987
C 11 R H C OXISTRUCT1011 COUIRU.1V
P.O. Box 458 - Northfield, Minnesota 55057 - 507 - 645 -8962 612- 333 -1307
Mr. Gerald Sunde
9001 East Bloomington Freeway
Bloomington, Mn 55420
Regarding: Lake Pointe Corporate Center
Pad "A" Modified
Dear Mr. Sunde:
Enebak Construction Company hereby agrees to perform the excavation and
backfill at the pad "A" location for the same price as the original contract
price. This agreement is contingent on the following:
1. The original specifications for backfill material do not change.
2. Pad "A" modified excavation is according to plan marked building pad "A"
scheme C X- 85077.
3. The new pad "A" location is promptly staked and made available for us to
start on immediately.
4. The City of Fridley accepts and agrees to all items outlined in hr. Svoboda's
letter dated 6- 22 -87, with the following exception (this credit will be
available only if the final plans for the sand fill requirements at the Hotel
Pad are not changed), we agree to strike that from the agreement.
If you have any further questions, please let me know. If not, please proceed to
issue the proper change orders.
Thank you,
Robert H. Enebak
President
c/c Mark Burch
Gerald Svoboda
"An Equal Opportunity Employer" ATTACHMENT E
3P
SUNDE ENGINEERING, INC.
GERALD M. SUNDE, Consulting Engineer
OWI East Bloomington Frwy- • Bloomington. MN 55420 • (02) 581 -3344
June 21, 1987
Mr. Robert Enebak
Enebak Construction Company
P.O. Box 458
Northfield, Minnesota 55075
Dear Mr. Enebak:
Re: 258 -85 Lake Pointe Corporate Center
• Grading Contract
Enclosed is a layout of the work area referred to as Pad A. The layout
shows the limits of the excavation as bid in the contract documents.
The second layout which is referred to as modified Pad A was developed
to change the building shape. The drawing shows the building outline and
the limits of the oversize pad. Note that from this oversize line, the
compacted pad area should slope down at a 1:1 slope to the recommended
depth of excavation. -
A third drawing included shows the excavation depth contours as developed
by Subterranean Engineering, Inc. These should give an idea of the amount of
cut necessary to meet the compaction requirements for the building area.
The contours are for the modified Pad A. .
We regnest that you review the modified Pad A and determine whether the
grading work can be done for the same cost as the original Tad A. Please
contact us if you have any questions or requite further information.
Yours very truly.
Gerald M. Sun ?e
GMS:skw
cc: Mark Burch, City of Fridley
Virgil - Herrick
Mery Mindess
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June , 87
Mr. Mark L. Burch
Assistant Director of Public Works
City of Fridley
6431 University Avenue N.E. -
Fridley, _MN 55432
Dear Mr. Burch:
in a letter to me dated June 160 1987 you ask for a
decision from Woodbridge regarding the Building Pad A
location. As has been, stated in previous correspondence
regarding Pad A location, Woodbridge prefers the revised
Pad A location, as_ illustrated on the sketch you sent with
your letter, to the.original Pad A location or the deletion
of Pad A from the earthwork contract.
Our earlier correspondence regarding this asked the City of
Fridley to determine the cost of extending the revised Pad
A southward 200 feet in order to increase _the ; options for
Building A.locations. Woodbridge believes that the cost of
extending this pad may well be less if the work is
accomplished with the rest of the soil correction which is
presently taking place rather that doing this at some later
date.,
Sincerely,
WOODBRIDGE PROPERTIES, INC.
Eric W. Nesset
'Director of
Construction
Ek'N /ppd
%%oodbridge Properties. Inc. 320 woodbridge Plaza 10201 %%ayzata Boulevard Minnetonka, Minnesota 55343 1612. 541- 10tjr}
cumpau'res
SUBTERRANEAN OWGI NEERING CORP.
professional solutions to your soil engineering needs
Job No. X -85077
June 23, 1987
Fridley Housing & Redevelopment Authority
6431 University Avenue N.E.
Fridley, Minnesota 55432
re: Addendum to Soil Report
Hotel Site
Lake Pointe Corporate Center
Fridley, Minnesota
Attention: Mr. John Flora
Mr. Mark Burch
We have been asked to clarify the recommendations contained in our Soil Report
No.3 dated March 1986, "Earthwork Requirements for Soil Correction ", as they pertain
specifically to the hotel pad.
The summary of the pertinent recommendations is:
Some form of dewatering will be required to accomplish the anticipated excavation.
The hotel pad plus 1 hor: 1 vert. oversizing should be filled with Type II fill
to an elevation 8' below design first floor grade. Type 11 fill is select granular
with less than 20% passing the #200 sieve. (SM,SP,SW,GP,GW or GM) soil.
From 8' below finished first floor up to finished grade in the hotel pad,
Type 111 material may be used, compacted to an average of at least 95% Maximum Modified
Proctor Dry Density. Type 111 material consists of sand, clay, and sand -clay mixtures.
(CL,ML, SC, S�1, SP, SI%') soil-
6875 Highway 65 N.E. P.O. Box 32308 Minneapolis, MN 55432 (612) 5741242
12203 Nicollet Ave. So. Burnsville. MN 55337 (612) 890.6510
ATTACHMENT F
PAGE 2
All other recommendations of our referenced report still apply.
The comments presented herein do not represent changes in previous
recommendations, but are necessary to clarify them.
We trust that this provides the information you requested. If you
have any further questions, please contact the undersigned at 574 -1242.
SUBTERRANEAN ENGINEERING CORP.
Mervyn Min ss
Registered Professional Engineer
M /pg
Distribution: 3 cc Fridley H.R.A.
1 cc Sunde Engineering Co.
1 cc Enebak Construction OD.
1 cc File
..rouu�
r�r M.O
won
3X
3une 17, 1987
Mr. Mark L. Burch
Assistant Director of Public Works
City of Fridley
6431 University Avenue N.E.
Fridley, MN 55432
Dear Mr. Burch:
In a letter to me dated June 16, 1987 you ask for a
decision from Woodbridge regarding the Building Pad A
location. As has been stated in previous correspondence
regarding Pad A location, Woodbridge prefers the revised
Pad A location, as illustrated on the sketch you sent with
your letter, to the original Pad A location or the deletion
of Pad A from the earthwork contract.
Our earlier correspondence regarding this asked the City of
Fridley to determine the cost of extending the revised Pad
A southward 200 feet in order to increase the options for
Building A locations. Woodbridge believes that the cost of
extending this pad may well be less if the work is
accomplished with the rest of the soil correction which is
presently taking place rather that doing this at some later
date.
Sincerely,
WOODBRIDGE PROPERTIES, INC.
Eric W. Nesset
Director of Construction
EWN /ppd
3Y
ATTACHMENT G
% %oodbridge Properties. Inc. - 320 %%'oodbridge Plaza - 10201 %%'avzata Boulevard - Minnetonka, Minnesota 55343 (612,541-100,i
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Aron h J � PLANNING DIVISION MEMORANDUM
unoF
FRIDLEY
MEMO M: Jock Robertson, Community Development Director
Housing Redevelopment Authority
MEMO FROM: Jim Robinson, Planning Coordinator
WMO DATE: July 2, 1987
RDGARDING: Rice Creek Road Design
Design development and zoning approvals for the Moore Lake Commons Project
(health/racquet club and commercial center) are moving into their final
stages. The Planning Commission formally reviewed the project on June 24th
and recommended approval of the associated Plat, Special Use Permit,
Vacation, and PUD amendment.
A major concern of staff, the Planning Commission and general public is the
redesign of Rice Creek Road. Our staff has drafted a conceptual layout of an
improved road segment between Central and Hwy. 65 (see map) . This upgrade
includes two lanes in each direction with left turns protected by medians and
a free right turn lane at Central, to channel southbound traffic off Central
onto Rice Creek Road.
On September 11, 1986 the HRA approved a proposal to contract with SEH to
complete the preliminary design of Rice Creek Road along with the Highway 65
final design. At this time it would be appropriate to move ahead with the
Rice Creek Road design as soon as possible. Our hope would be to complete
this prior to recording the plat so that we would be assured that we have
obtained the proper right -of- way, from the Moore Lake Commons developers, to
implement the road improvements. once SEH has completed the design, the
final plan could be submitted for approval by MnDOT.
JLR/lAn
M-87 -148
IE14 .
HOUSING & REDEVELOPIIENT AUTHORITY MEETING SEPTEMBER 11 1986 PAGE 8
4, t�SIDERATION OF A RESOLUTION ACCEPTING A CONTRACT WITH SUNDE ENGINEERIN
FO If�EERING WORD; ASSOCIATED WITH MOJ PUBLC IMPROVEMENTS TO BE r nnTrnDDnRtjTER C
Mr. Robertson stat he specifics of the work are red by Sunde Engineer-
ing. They have reviewe is with John Flora his staff, and it was
Staff's recommendation that HRA adop Is resolution.
He wanted to point out
that in the resolution the amount anged slightly from the proposal
received by Sunde in April. I s abo 1,900 higher. That was as a
result of the multiple bi g of the first Hof the contract.
MOTION BY MR. R, SECOl:DED BY MR. RASMUSSEN, TO APP RESOLUTZO:: NO
HRF+!_I5 .
O A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON SCHNABEL DECLARED
MOTION CARRIED UNANIMOUSLY.
5. CONSIDERATION OF A RESOLUTION AHENDING THE DESIGN AGREEMENT WITH S.E.H. FOR
00 WIW RIVE- I NTE S
Mr. Robertson stated that on the proposed resolution under "f4OW, THEREFORE ",
second line from the bottom, that even though the overall contract was for
West Moore Lake Drive and Highway 65, they will see that it only includes the
preliminary plans for the Rice Creek Road improvements from Old Central to
Highway 65. He stated that in the right hand column under Rice Creek Road,
the Detailed Plans" in the amount of $36,500, and the "Construction" in the
amount of $47,500 should be omitted from this resolution at this time and
it will be brought back at a future time for the HRA's consideration.
MOTION BY MR. RASMUSSEN, SECONDED BY MR. MEYER, TO APPROVE RESOLUTION NO.
jgg�6 1986, "A RESOLUTION AMENDING THE DESIGN AGREEMENT FOR THE 100 TWIN
DRIVE -IN INTERSECTION" WITH THE FOLLOWING a- ISSION:
RICE CREEK ROAD
DETAILED PLANS 536,500.00
CONSTRUCTION 97,500.00
UPON A VOICE VOTE, ALL VOTING AYE, VICE - CHAIRPERSON SCHNABEL DECLARED THE
MOTION CARRIED UNANIMOUSLY.
6. IDERATION OF A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGRE
BETWE HRA AND ERNST & ASSOCIATES FOR [I'lil CAPE AND PL CIFICATIONS
LAKE POI P RA E E T R:
MOTION BY MR. PRAIRIE, SECON MR. SEN, TO APPROVE RESOLUTION NO.
HRA 17 1986.
UPON A VOICE VOTE, OTING AYE, VICE- CHAERSO ABEL DECLARED THE
IRP
MOTION CARRIE ANIMOUSLY
7. S REPORT ON UNIVERSITY AVENUE CORRIDOR TECHNICAL ADVISORY COt•MIT
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