HomeMy WebLinkAbout10-14-2004A.
B.
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MINUTES
MAPLEWOOD CITY COUNCIL
7:05 P.M. Thursday, October 14, 2004
Council Chambers, City Hall
Meeting No. 04-23
CALL TO ORDER:
A meeting of the City Council was held in the Council Chambers, at the City Hall, and was
called to order at 7:05 P.M. by Mayor Cardinal.
PLEDGE OF ALLEGIANCE
Girl Scout Troop 521 led the Pledge of Allegiance.
ROLL CALL
Robert Cardinal, Mayor Present
Kathleen Juenemann, Councilmember Present
Marvin Koppen, Councilmember Present
Jackie Monahan-Junek, Councilmember Absent
Will Rossbach, Councilmember Present
APPROVAL OF MINUTES
1. Minutes from the Council/Manager Workshop -September 27, 2004
Councilmember Rossbach moved to approve the minutes from the City Council/Manager
workshop as presented/amended.
Seconded by CouncilmemberKoppen Ayes -Mayor Cardinal, Councilmembers
Koppen, and Rossbach
Abstain-Councilmember Juenemann
2. Minutes from City Council Meeting City Council Meeting -September 27, 2004
Councilmember Juenemann moved to approve the minutes from the City Council Meeting from
September 27, 2004 as amended.
Seconded by CouncilmemberKoppen Ayes -All
APPROVAL OF AGENDA
K1. Revised
K3. County Road D West -Change Order #1 Resolution
Mayor Cardinal moved to approve the changes to the Public Works Agenda Items.
Seconded by Councilmember Koppen Ayes -All
City Council 10-14-04
M1. South Leg Group
M2. School Board
M3. Suburban Rate Authority
M4. St. Paul Regional Water Services Rates
M5. Trash Containers Ordinance
M6. Maplewood Cleanup
M7. Halloween Hoedown at the Maplewood Community Center (Friday October 15th)
Councilmember Koppen moved to approve the agenda as amended.
Seconded by CouncilmemberRossbach Ayes -All
F. APPOINTMENTS/PRESENTATIONS
1. Police Civil Service Appointment
a. City Manager Fursman presented the report.
b. Mayor Cardinal presented specifics from the report.
Councilmember Juenemann moved to appoint Marlene Palkovich to the Police Civil Service
Commission with a term expiring on December 2005.
Seconded by CouncilmemberKoppen Ayes -All
G. CONSENT AGENDA
Councilmember Juenemann moved to approved consent agenda items 1-5 and 7 as presented.
Seconded by CouncilmemberKoppen Ayes -All
Councilmember Rossbach moved to approved consent agenda item 6 as presented.
Seconded by Mayor Cardinal Ayes -Mayor Cardinal, Councilmembers
Juenemann, and Rossbach
Abstain-Councilmember Koppen
1. Approval of Claims
ACCOUNTS PAYABLE
$ 3,000.00 Check # 65011
dated 9/23/04
$ 1,399,126.31 Checks # 65012 thru # 65060
dated 9/28/04
$ 146,267.88 Disbursements via debits to checking account
dated 09/17 thru 09/24/04
$ 50,484.34 Checks # 65061 thru # 65064
City Council 10-14-04 2
dated 9/27/ thru 9/29/04
$ 798,876.74 Checks # 65065 thru # 65150
dated 10/5/04
$ 237,993.57 Disbursements via debits to checking account
dated 9/27 thru 9/30/04
$ 2,635,748.84 Total Accounts Payable
PAYROLL
$ 437,829.35 Payroll Checks and Direct Deposits dated 9/24/04
$ 4,140.47 Payroll Deduction check # 98875 thru # 98878
dated 09/24/04
$ 441,969.82 Total Payroll
$ 3,077,718.66 GRAND TOTAL
2. Hazelwood/County Road C Area Street Improvements, City Project 03-18: Resolution
for Modification of the Existing Construction Contract, Change Order No. 2
Adopted the following resolution Directing the Modification of the Existing Construction
Contract for the Hazelwood/County Road C Area Street Improvements, City Project 03-
18:
RESOLUTION 04-10-179
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
PROJECT 03-18, CHANGE ORDER 2
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made
Improvement Project 03-18, Hazelwood/County Road C Area Street Improvements, and has let a
construction contract pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, it is now necessary and expedient that said contract be modified and designated as
Improvement Project 03-18, Change Order No. 2.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA that the mayor and city clerk are hereby authorized and directed to modify the existing
contract by executing said Change Order No. 2 in the amount of $12,305.00. The revised contract
amount is $1,586,592.23.
No revisions to the project budget are required at this time, as these changes fall within the
City Council 10-14-04
original project budget.
McKnight Road Railroad Crossing South of Ivy Avenue — Approve Joint Funding with
City of St. Paul and Union Pacific Railroad
Approved the joint project with Union Pacific Railroad and the City of St. Paul for the
replacement of the at -grade railroad crossing on McKnight Road, south of Ivy Avenue
and approved the expenditure of up to $10,250 from Fund 405 to cover the project
expenses.
4. Temporary Gambling Resolution — Holy Redeemer Church
Adopted the following resolution approving the temporary gambling license for Holy
Redeemer Church at 2555 Hazelwood Street:
RESOLUTION APPROVING CHARITABLE GAMBLING 04-10-180
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the
temporary permit for lawful gambling is approved for the Holy Redeemer Parish, 2555 Hazelwood
Street, Maplewood, Minnesota.
FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of
application for said permit as governed by Minnesota Statute. 349.213.
FURTHERMORE, that the Maplewood City Council requests that the Gambling Control
Division of the Minnesota Department of Gaming approve said permit as being in compliance with
Minnesota Statute 349.213.
NOW, THEREFORE, BE IT FURTHER RESOLVED that this resolution by the City Council of
Maplewood, Minnesota be forwarded to the Gambling Control Division for their approval.
Temporary Gambling Resolution — Presentation of the Blessed Virgin Mary Church
Adopted the following resolution approving the temporary gambling license for the
Church of the Presentation of the Blessed Virgin Mary, 1725 Kennard Street:
RESOLUTION 04-10-181
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary
premises permit for lawful gambling is approved for the Church of the Presentation of the Blessed
Virgin Mary (BVM), 1725 Kennard Street, Maplewood, Minnesota.
FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of
application for said permit as governed by Minnesota Statute §349.213.
FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division
of the Minnesota Department of Gaming approve said permit application as being in compliance with
Minnesota Statute §349.213.
City Council 10-14-04
NOW, THEREFORE, be it further resolved that this Resolution by the City Council of
Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval.
6. Change of Gambling Manager — White Bear Avenue Business Association
Adopted the following resolution approving the change for manager for the gambling
license for The Bird Nightclub and AMF Maplewood Lanes.
RESOLUTION 04-10-182
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the change of
manager (Marvin Koppen) is approved for The Bird Nightclub and AMF Maplewood Lanes.
FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of
application for said permit as governed by Minnesota Statute §349.213.
FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the
Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota
Statute §349.213.
NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood,
Minnesota, be forwarded to the Gambling Control Division for their approval.
7. Sale of Used Fire Truck
Approved the sale of one used tanker/pumper to Water Valley Volunteer Fire Department
in Randolph County in the amount of $45,000 in "as is" condition..
H. PUBLIC HEARINGS
7:00 p.m. Assessment Hearing: County Road D Improvements (TH 61 to Highridge
Court), City Project 02-08 — Resolution Adopting Assessment
City Manager Fursman presented the report.
b. City EngineerAhl presented specifics from the report.
Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following person was heard:
Mary McMahon, 1290 County Road D East, Maplewood
James McMahon, 1290 County Road D East, Maplewood
d. Mayor Cardinal closed the public hearing.
Councilmember Koppen moved to adopt the following resolution approving the adoption of the
assessment roll of the County Road D Realignment (west), Walter Street to T.H. 61, City Proj ect
02-08 to grant the development deferral to the McMahon's at 1290 County Road D East:
RESOLUTION 04-10-183
City Council 10-14-04
ADOPTING ASSESSMENT ROLL
WHEREAS, pursuant to a resolution adopted by the City Council on September 13, 2004,
calling for a Public Hearing, the assessment roll for County Road D Realignment (West), Walter Street
to T.H. 61, City Project 02-08, was presented in a Public Hearing format, pursuant to Minnesota
Statutes, Chapter 429, and
WHEREAS, the following property owners have filed objections to their assessment according
to the requirements of Minnesota Statutes, Chapter 429, summarized as follows:
1. James & Mary McMahon, 1290 County Road D East, PIN 04-29-22-11-0003, have requested
an undeveloped property deferment for 5 -years, or until they sell their property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
1. The owners, James & Mary McMahon, 1290 County Road D East, PIN 04-29-22-11-0003, shall
be granted a development deferral, (with interest), for 5 -years or until the property is sold for
redevelopment, which ever comes first.
2. The assessment roll for the County Road D Realignment (West), Walter Street to T.H. 61, City
Project 02-08 as amended, without those property owners' assessments that have filed
objections, a copy of which is attached hereto and made a part hereof, is hereby adopted. Said
assessment roll shall constitute the special assessment against the lands named therein, and each
tract of land therein included is hereby found to be benefited by the proposed improvement in the
amount of the assessment levied against it.
3. Such assessments shall be payable in equal annual installments extending over a period of 15
years, the first installments to be payable on or before the first Monday in January 2005 and shall
bear interest at the rate of 5.0 percent per annum for the date of the adoption of this assessment
resolution. To the first installment shall be added interest on the entire assessment from the date
of this resolution until December 31, 2004. To each subsequent installment when due shall be
added interest for one year on all unpaid installments.
4. The owner of any property so assessed may, at any time prior to certification of the assessment
to the county auditor, but no later than November 15, 2004, pay the whole of the assessment on
such property, with interest accrued to the date of the payment, to the city clerk, except that no
interest shall be charged for any portion of the assessment that is paid within 30 days from the
adoption of this resolution; and they may, at any time after November 15, 2004, pay to the
county auditor the entire amount of the assessment remaining unpaid, with interest accrued to
December 31 of the year in which such payment is made. Such payment must be made before
November 15 or interest will be charged through December 31 of the next succeeding year.
The city engineer and city clerk shall forthwith after November 15, 2004, but no later than
November 15, 2004, transmit a certified duplicate of this assessment to the county auditor to be
extended on the property tax lists of the county. Such assessments shall be collected and paid
over the same manner as other municipal taxes.
Seconded by Councilmember Juenemann Ayes -All
City Council 10-14-04
L AWARD OF BIDS
None
J. UNFINISHED BUSINESS
Approval to Expend Funds for 800 MHz Subscriber Equipment
City Manager Fursman presented the staff report.
b. Police Chief Thomalla presented specifics from the report.
Councilmember Juenemann moved to request approval be given for the expenditure of $276,185
for subscriber equipment and the necessary budget adjustments to make this purchase.
Seconded by CouncilmemberKoppen Ayes -All
K. NEW BUSINESS
Southwinds Development at Hazelwood Street, City Project 04-12 — Resolution
Authorizing Grading Project, Approving Project Funding, Approving Project Plans and
Specifications and Authorizing Receipt of Bids
City Manager Fursman presented the staff report.
b. City Engineer AN presented specifics from the report.
Councilmember Koppen moved to adopt the following resolution authorizing therg ading project
at Southwinds Development at Hazelwood, City Project 04-31, approving project fundingin n the
amount of $200,000 approving project plans and specifications, and authorizing the receipt of
bids on October 22, 2004 at 10:00 a.m.:
RESOLUTION 04-10-184
AUTHORIZING GRADING PROJECT
APPROVING PROJECT FUNDING
APPROVING PLANS AND SPECIFICATIONS
AUTHORIZING RECEIPT OF BIDS
SOUTHWINDS DEVELOPMENT AT HAZELWOOD
WHEREAS, the Maplewood City Council has approved a construction project for County Road
D West, City Project 02-08, which has an excess of soil material, and
WHEREAS, the Maplewood City Council has approved a construction project for Legacy
Parkway, City Project 03-26, which has a deficit of soil material, and
WHEREAS, Southwinds Builders has proposed and received approval for a development along
Legacy Parkway and Hazelwood Street, which requires grading and improvements to access Legacy
Parkway, and
WHEREAS, the City Engineer has recommended a j oint proj ect with a j oint funding plan, and
City Council 10-14-04
WHEREAS, the City Engineer has directed the preparation of plans and specifications for the
making of a joint grading project and presented same to the City Council, and
WHEREAS, the City Engineer has recommended the approval and receipt of bids for said plans
and specifications.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, as follows:
1. That a project, called Southwinds Development at Hazelwood, City Project 04-4-2,-31, is hereby
authorized as a public improvement and is referred to the City Engineer for consideration.
2. That project funding as follows is hereby established and the Finance Director is hereby
authorized to establish a project fund for the making of said improvement project.
Hazelwood Properties Tax Abatement $ 50,000
Legacy Parkway Debt Service, Project 03-26 $ 75,000
Southwind's Builders $ 75,000
TOTAL PROJECT COST $200,000
3. Such plans and specifications for the Southwinds Development at Hazelwood, a copy of which
are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office
of the city clerk.
4. The city clerk shall include said plans and specifications with the bid documents for City Project
04-4-2- -31 and shall prepare and cause to be inserted in the official paper and in the Construction
Bulletin an advertisement for bids upon the making of such combined improvement under such
approved plans and specifications. The advertisement shall be published twice, at least three weeks
before the date set for bid opening, shall specify the work to be done, shall state that bids will be
publicly opened and considered by the council at 10:00.m. on the 22nd day of October, 2004, at the city
hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a
certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount
of such bid.
5. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read
aloud bids received at the time and place herein noted, and to tabulate the bids received. The council
will consider the bids, and the award of a contract, at the regular city council meeting of October 25,
2004.
Seconded by CouncilmemberRossbach Ayes -All
2. Reconsideration of Summerhill Senior Housing Project
City Manager Fursman presented the staff report.
b. City Planner Finwall presented specifics from the report.
Mayor Cardinal moved to reconsider Transfiguration Church's and Nichols Development's
comprehensive land use plan change request.
Seconded by Councilmember Koppen
Ayes -All
County Road D Improvements (TH 61 to Walter Street), City Project 02-08: Resolution
City Council 10-14-04
for Modification of the Existing Construction Contract, Change Order #1
City Manager Fursman presented the staff report.
b. City Engineer AN presented specifics from the report.
Councilmember Koppen moved to adopt the following resolution approving to Direct the
Modification of the Existing Construction, Contract for the County Road D West Improvements
(TH 61 to Walter Street), City project 02-08:
RESOLUTION 04-10-185
RESOLUTION
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
PROJECT 02-08, CHANGE ORDER 1
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made
Improvement Project 02-08, County Road D West Improvements (TH 61 to Walter Street), and has let a
construction contract pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, the City Council awarded a construction contract to Palda and Sons, Inc. on
September 13, 2004 in the amount of $1,333,032.71, and
WHEREAS, the City Engineer has reported that it is now necessary and expedient that said
contract be modified and designated as Improvement Project 02-08, Change Order No. 1, as a reduction
to said contract by an amount of $710,915.03, such that the new contract amount is now and hereby
established as $622,117.68.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA that the mayor and city manager are hereby authorized to sign on behalf of the City of
Maplewood to signify and show that the existing contract is hereby modified through said Change Order
No. 2 as a contract deduction in the amount of $710,915.03. The revised contract amount is
$622,117.68.
No revisions to the project budget are required at this time, as these changes fall within the
original project budget.
Seconded by Councilmember Rossbach
L. VISITOR PRESENTATIONS
Ayes -All
1. David Picard, 2672 Harvester, Maplewood asked the Mayor about a comment supposedly
made regarding Transfiguration Church.
2. Margaret Kunde, 973 Glendon Avenue, Maplewood, asked staff to reiterate the
"reconsideration process" of a project.
3. Jan Heroff, 940 Ferndale, Maplewood, questioned the change in the development plans
and the timing of the neighborhood petition.
M. COUNCIL PRESENTATIONS
South Leg Group-Councilmember Rossbach noted the next meeting will be October 21st
at 7:00 pm. at Fire Station #4. The topics will be "Property Taxes 101" and "A Possible
City Council 10-14-04
Lower Afton Road Trail".
2. School Board-Councilmember Rossbach spoke with School Board Member Cathy Miller
and suggested council encourage residents to participate in the "Strategic Planning"
process.
3. Suburban Rate Authority-Councilmember Koppen gave an overview and update on the
Suburban Rate Authority.
4. St. Paul Regional Water Services -Mayor Cardinal provided a report on the last meeting
the St. Paul Regional Water Services annual report.
5. Trash Container Ordinance -Discussion was held regarding the ordinance and the
enforcement of the ordinance.
6. Maplewood Clean Up -Fall clean up will be held at Gethsemane Church, Stillwater and
Lakewood Drive, from 8:00 a.m. to 12:00 a.m.
7. Halloween Hoedown -Friday, October 15th at the Maplewood Community Center.
N. ADMINISTRATIVE PRESENTATIONS
1. City Manager Fursman will be out the office October 18-22 for the City Manager
Conference.
2. November 1-Council/Manager Workshop regarding the EMS Issue and the affect on the
budget.
O. ADJOURNMENT
Councilmember Koppen moved to adjourn the meeting at 8:30 p.m.
Seconded by CouncilmemberRossbach Ayes - All
City Council 10-14-04 10
AGENDA ITEM K-1
REVISED AGENDA REPORT
TO: Richard Fursman, City Manager
FROM: Charles Ahl, Public Works Director/City Engineer
SUBJECT: Southwinds Development at Hazelwood Street, City Project 0442 31— Resolution
Authorizing Grading Project, Approving Project Funding, Approving Project Plans and
Specifications and Authorizing Receipt of Bids
DATE: October 14, 2004
Introduction
The acquisition and removal of the five homes along Hazelwood Street adjacent to Legacy Village
was accomplished as a joint project with Southwinds Builders. One of the conditions of the
acquisition agreement was the grading of a portion of the roadway embankment. Excess soils
existed as part of the County Road D West project. A joint project to reduce the cost of both projects
is proposed. Approval of a resolution authorizing receipt of bids is recommended.
Background
In 2003, the city council directed the staff to negotiate for the acquisition and relocation of five
property owners adjacent to Hazelwood Street on the western side of Legacy Village. As a cost
saving measure in 2004, the city entered a joint project with Southwinds Builders to accomplish some
of the difficult negotiations with the property owners. Southwinds eventually acquired three
properties while the city was able to acquire two properties. One of the conditions of the Southwinds
acquisition was the requirement that the city provide $50,000 worth of grading on the Southwind's
acquired property to make the site accessible to the proposed Legacy Parkway. This grading
required the importing of soils to raise the site.
During the same timeframe in 2004, the city was working to construct County Road D, west of TH 61.
This project required excavation of significant quantities of material to make the roadway grade. The
excess soils were required to be removed and disposed of away from the County Road D West
project site at city expense. Joint planning for the two projects allows for a cost savings to provide
the excess of one project to the deficit of another project. The cost savings of this approach is
estimated at $30,000450,000.
The attached resolution authorizes this project, approves the funding plan noted below, approves the
plans and specifications required to allow the project to proceed, and finally authorizes the receipt of
bids from contractors to perform the work. Approval is recommended.
Budqet Impact
The project costs are estimated to be $4- 9,9 .$200,000. It is proposed that financing for the
project be paid as follows:
Hazelwood Properties Tax Abatement $ 50,000
Legacy Parkway Debt Service, Project 03-26 $ 75,000
Southwind's Builders (Direct Payment) 75,000
TOTAL PROJECT COST $200,000
City Council Agenda Background
Southwinds Development at Hazelwood Street
October 14, 2004
Page Two
Project Timing
Both the County Road D West and the Legacy Parkway project are underway. Additionally,
Southwinds Builders recently received approval from the City Council for their development concept
and are anxious to begin a model for their project. The excess soils are now available from the
developer providing the grading at Trout Land, where the city's 30,000 cubic yards of excess material
is being stored. The five homes have been removed and the Legacy Parkway project is ahead of
schedule so the fill material is needed immediately.
In anticipation of the faster than normal process, the staff has arranged for pre -advertisement to
meet bidding laws on this project. Bids are proposed to be received on Friday, October 22nd at 10:00
a.m. and returned to the City Council at their regular meeting on October 25, 2004 for an award of
construction contract. This allows a contractor to begin the grading work early and to meet both
project schedules.
Recommendation
It is recommended that the city council approve the attached resolution authorizing the
grading project at Southwinds Development at Hazelwood, City Project 04-12, approves
project funding in the amount of $150,000, $200,000 approves project plans and
specifications, and authorizes the receipt of bids on October 22, 2004 at 10:00 a.m.
RCA
Attachments: Resolution
Poject Map
RESOLUTION
AUTHORIZING GRADING PROJECT
APPROVING PROJECT FUNDING
APPROVING PLANS AND SPECIFICATIONS
AUTHORIZING RECEIPT OF BIDS
SOUTHWINDS DEVELOPMENT AT HAZELWOOD
WHEREAS, the Maplewood City Council has approved a construction project for County
Road D West, City Project 02-08, which has an excess of soil material, and
WHEREAS, the Maplewood City Council has approved a construction project for Legacy
Parkway, City Project 03-26, which has a deficit of soil material, and
WHEREAS, Southwinds Builders has proposed and received approval for a development
along Legacy Parkway and Hazelwood Street, which requires grading and improvements to access
Legacy Parkway, and
WHEREAS, the City Engineer has recommended a joint project with a joint funding plan, and
WHEREAS, the City Engineer has directed the preparation of plans and specifications for the
making of a joint grading project and presented same to the City Council, and
WHEREAS, the City Engineer has recommended the approval and receipt of bids for said
plans and specifications.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA,
as follows:
1. That a project, called Southwinds Development at Hazelwood, City Project 044,-31, is
hereby authorized as a public improvement and is referred to the City Engineer for consideration.
2. That project funding as follows is hereby established and the Finance Director is hereby
authorized to establish a project fund for the making of said improvement project.
Hazelwood Properties Tax Abatement $ 50,000
Legacy Parkway Debt Service, Project 03-26 $ 75,000
Southwind's Builders 75,00
TOTAL PROJECT COST $200,000
3. Such plans and specifications for the Southwinds Development at Hazelwood, a copy of
which are attached hereto and made a part hereof, are hereby approved and ordered placed on file
in the office of the city clerk.
4. The city clerk shall include said plans and specifications with the bid documents for City
Project 044-2- -31 and shall prepare and cause to be inserted in the official paper and in the
Construction Bulletin an advertisement for bids upon the making of such combined improvement
under such approved plans and specifications. The advertisement shall be published twice, at least
three weeks before the date set for bid opening, shall specify the work to be done, shall state that
bids will be publicly opened and considered by the council at 10:00.m. on the 22nd dayof October,
2004, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and
accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five
percent of the amount of such bid.
5. The city clerk and city engineer are hereby authorized and instructed to receive, open, and
read aloud bids received at the time and place herein noted, and to tabulate the bids received. The
council will consider the bids, and the award of a contract, at the regular city council meeting of
October 25, 2004.
Approved this 14'h day of October 2004.
AGENDA ITEM K-3
AGENDA REPORT
TO: City Manager
FROM: Chuck Ahl, Public Works Director/City Engineer
SUBJECT: County Road D West Improvements (TH 61 to Walter Street), City Project 02-08:
Resolution for Modification of the Existing Construction Contract, Change Order 1
DATE: October 14, 2004
Introduction
The County Road D West project did not begin as anticipated. A change to the contract is required
to reflect the changed conditions and allow the utility work to be completed in 2004. The removed
work will be re -bid in 2005.
Background
On September 13, 2004, the City Council approved the awarding of a construction contract to Palda
& Sons, Inc. for the amount of $1,333,032.71. The project includes construction of utilities and
roadway for the entire County Road D West improvement. The Palda and Sons, Inc bid was based
upon beginning work immediately on the existing segment of County Road D to replace a sanitary
sewer main as part of cooperative work under the contract with Vadnais Heights and utilitywork
within the Trout Land development under the new County Road D alignment.
Unfortunately, both the work on existing County Road D for Vadnais Heights and within the Trout
Land Development was started but could not be completed as designed. the Vadnais Heights
sewer was not constructible as designed due to conflicts with a Qwest major telephone transmission
line._ The -Trout- grading work, that needed to be completedbeforePalda-could begin the -new
County Road D alignment work, was delayed due to unforeseen title work that delayed mobilization.
Both issues did not allow Palda to begin work in September 2004 as anticipated by their bid. Each
issue has been resolved; however, the project can not be completed in 2004 as originally bid and
Palda would not guarantee the bid prices that they originally submitted. Palda requested an increase
in the bid in excess of $300,000 to have the delays extended into 2005. Engineering staff rejected
their claims and has negotiated a project revision and will rebid portions of the project in 2005.
Contract Revision
The project with Palda will be significantly reduced. The entire street work and Vadnais Heights
sewer replacement will be removed from the contract. This will reduce the contract from the original
amount of $1,333,032.71 to $622,117.68. The negotiations include payment to Palda of $31,800 for
delays as they had equipment delivered to the site that could not proceed, along with a second
mobilization of crews and equipment. These costs will be reimbursed to Maplewood by Vadnais
Heights and Kami, Inc., the Trout Land developer. Vadnais Heights is proceeding with negotiations
for lining the sewer instead of replacement; while the road work removed from the project will be bid
as part of a package for work in 2005 after the utility work is completed by Palda.
Budget Impact
Approval of this resolution will decrease the construction contract by $710,915.03. This work will be
completed by a change order with Palda for the Vadnais Heights sewer work and as a new bidding
project in 2005. This project was under the approved budget, due to the very good bid prices
provided by Palda & Sons, Inc. We estimated that the project would be $100,000 below estimate.
The new bid prices in 2005 will determine if this cost savings is realized. This approach avoids
additional project delays and potential litigation costs. Approval of the change is recommended.
CITY COUNCIL AGENDA BACKGROUND
COUNTY ROAD D WEST CHANGE ORDER 1
OCTOBER 14, 2004
PAGE TWO
Recommendation
It. is recommended that the city council approve the attached resolution Directing the
Modification of the Existing Construction Contract for the County Road D West Improvements
(TH 61 to Walter Street), City Project 02-08.
Attachments: Resolution
Change Order No. 1
RESOLUTION
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
PROJECT 02-08, CHANGE ORDER 1
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made
Improvement Project 02-08, County Road D West Improvements (TH 61 to Walter Street),
and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, the City Council awarded a construction contract to Palda and Sons,
Inc. on September 13, 2004 in the amount of $1,333,032.71, and
WHEREAS, the City Engineer has reported that it is now necessary and expedient
that said contract be modified and designated as Improvement Project 02-08, Change
Order No. 1, as a reduction to said contract by an amount of $710,915.03, such that the
new contract amount is now and hereby established as $622,117.68.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA that the mayor and city manager are hereby authorized to
sign on behalf of the City of Maplewood to signify and show that the existing contract is
hereby modified through said Change Order No. 2 as a contract deduction in the amount of
$710,915.03. The revised contract amount is $622,117.68.
No revisions to the project budget are required at this time, as these
changes fall within the original project budget.
CHANGE ORDER NO. 1
DEPARTMENT OF PUBLIC WORKS
CITY OF MAPLEWOOD
RAMSEY COUNTY, MINNESOTA
PROJECT NAME: County Road D Improvements
S.A.P. 62-619-025 / 138-020-29
CITY PROJECT NO.: 02-08
DATE: October 14, 2004
CONTRACTOR: Palda and Sons, Inc.
1462 Dayton Avenue
Saint Paul, MN 55104-6308
ENGINEER: URS Corporation
Project No. 31809400.08001
The Contract Agreement dates shall be changed with no change to the contract unit bid prices. The following
changes shall be made to the Agreement:
3.1 Schedule (change the following to read)
a. All utility work shall be completed in the existing County Road D and the road shall be temporarily
restored and opened to traffic on or before Friday, December 16, 2003.
b. Final completion shall be on or before Friday, May 12, 2005.
To meet the requirements for final completion, all required pay items shall be completed. Final
completion shall include project cleanup, traffic control and erosion control
removals, and punch list items.
3.2 Incentive to Complete Before Substantial or Final Completion Date (change to read)
No incentives for early completion will be considered for this project.
DESCRIPTION OF CHANGE:
Deduct from Schedule A: Roadway
Contract
Item No.
Mn/DOT No.
Description
Quantity
Units
Unit Price
Contract Amount
3
2101.501
CLEARING
2.19
ACRE
$1,600.00
$3,504.00
4
2101.502
CLEARING
12
TREE
$22.00
$264.00
5
2101.506
GRUBBING
2.19
ACRE
$1,600.00
$3,504.00
6
2101.507
GRUBBING
12
TREE
$22.00
$264.00
7
2104.501
REMOVE CONCRETE CURB AND GUTTER
117
LF
$3.00
$351.00
8
2104.505
REMOVE BITUMINOUS PAVEMENT
3155
SY
$2.22
$7,004.10
9
2104.505
REMOVE BITUMINOUS DRIVEWAY PAVEMENT
118
SY
$4.00
$472.00
10
2104.505
REMOVE CONCRETE DRIVEWAY PAVEMENT
66
SY
$10.00
$660.00
11
2104.509
REMOVE MANHOLE
1
EACH
$300.00
$300.00
12
2104.511
SAWING CONCRETE PAVEMENT (FULL DEPTH)
22
LF
$20.00
$440.00
13
2104.513
SAWING BIT PAVEMENT (FULL DEPTH)
312
LF
$3.00
$936.
14
2104.523
SALVAGE SIGN TYPE C
2
EACH
$30.00
$60.Ou
15
2105.501
COMMON EXCAVATION (EV) (P)
6446
CY
$7.50
$48,345.00
16
2105.507
SUBGRADE EXCAVATION (EV) (P)
6645
CY
$7.81
$51,897.45
17
2105.522
SELECT GRANULAR BORROW (CV) (P)
5563
CY
$9.74
$54,183.62
18
2105.522
SELECT GRANULAR BORROW MOD 5%
1162
CY
$9.74
$11,317.88
19
2105.525
TOPSOIL BORROW (CV)
1475
CY
$14.36
$21,181.00
21
2130.501
WATER
400
MGAL
$15.00
$6,000.00
22
2211.501
AGGREGATE BASE CLASS 6
2153
TON
$7.02
$15,114.06
23
2211.503
AGGREGATE BASE (CV), CLASS 6 (P)
3144
CY
$7.02
$22,070.88
24
2232.501
MILL BITUMINOUS SURFACE (P)
2500
SY
$2.25
$5,625.00
25
2331.508
BITUMINOUS WEAR TYPE 41 (A} DRIVEWAYS
65
TON
$75.00
$4,875.00
26
2331.603
SAWED/SEALED JOINT
2048
LF
$1.85
$3,788.80
27
2350.501
TYPE MV 3 WEARING COURSE MIXTURE (B)
3560
TON
$24.75
$88,110.00
28
2350.502
TYPE LV 3 NON WEARING COURSE MIXTURE (B)
2481
TON
$24.20
$60,040.20
29
2357.502
BITUMINOUS MATERIAL FOR TACK COAT
1645
GAL
$1.50
$2,467.50
30
2506.522
ADJUST FRAME & RING CASING
8
EACH
$500.00
$4,000.00
31
2521.501
4" CONCRETE WALK
5424
SF
$2.86
$15,512.64
32
2521.511
2" BITUMINOUS WALK
16316
SF
$0.90
$14,684.40
33
2531.501
BITUMINOUS CURB
758
LF
$4.50
$3,411.00
34
2531.501
CONCRETE CURB & GUTTER DESIGN B612
66
LF
$12.00
$792.00
35
2531.501
CONCRETE CURB & GUTTER DESIGN B412
55
LF
$12.00
$660.00
36
2531.501
CONCRETE CURB & GUTTER DESIGN B618
1241
LF
$10.60
$13,154.60
37
2531.501
CONCRETE CURB & GUTTER DESIGN B624
3585
LF
$11.75
$42,123.75
38
2531.501
CONCRETE CURB & GUTFER DESIGN 8624 (MOD)
2238
LF
$12.60
$28,198.80
39
2531.507
8" CONCRETE DRIVEWAY PAVEMENT
149
SY
$43.00
$6,407.00
40
2531.602
PEDESTRIAN CURB RAMP (TYPE A)
9
EACH
$600.00
$5,400.00
41
2531.604
8" CONCRETE VALLEY GUTTER
37
SY
$50.00
$1,850.00
42
2540.602
RELOCATE MAIL BOX
6
EACH
$126.00
$756.00
43
2557.603
WOODEN FENCE (SPLIT RAIL)
525
LF
$11.75
$6,168.75
45
2564.531
SIGN PANELS TYPE C
161.25
SF
$26.50
$4,273.13
46
2564.602
PVMT MESSAGE (RTTHRU ARROW) POLY PREF
1
EACH
$450.00
$450.00
47
2564.602
PAVEMENT MESSAGE (LT ARROW) POLY PREFORM
6
EACH
$300.00
$1,800.00
48
2564.602
PAVEMENT MESSAGE (RT ARROW) POLY PREFORM
3
EACH
$300.00
$900.00
49
2564.603
4" BROKEN LINE WHITE-EPDXY
110
LF
$0.19
$20.90
50
2564.603
4" DOUBLE SOLID LINE YELLOWEPDXY
2624
LF
$0.38
$997.12
51
2564.603
12" SOLID LINE YELLOWEPDXY
14
LF
$10.00
$140.00
52
2564.603
12" STOP LINE WHITE-EPDXY
75
LF
$6.50
$487.50
53
2564.603
4" SOLID LINE WHITE-EPDXY
8489
LF
$0.19
$1,612.91
-- - 54-
2564.618 -
ZEBRA CROSSWALKWHITE POLY PREFORM -
90-
SF
$13.88-
- -- $1,249.20
55
2573.502
SILT FENCE, TYPE HEAVY DUTY
2640
LF
$2.00
$5,280.00
56
2573.602
TEMPORARY ROCK CONSTRUCTION ENTRANCE
3
EACH
$150.00
$450.00
57
2573.603
BIOROLL
200
LF
$3.50
$700.00
59
2575.505
SODDING TYPE LAWN
13415
SY
$2.00
$26,830.00
62
2575.523
EROSION CONTROL BLANKETS CATEGORY 3
6235
SY
$1.05
$6,546.75
63
2575.525
EROSION STABILIZATION MAT CLASS 4
300
SY
$6.90
$2,070.00
TOTAL ADD/DEDUCT:
SCHEDULE
A (Roadway)
($609,701.94)
Deduct from Schedule B: Storm Sewer
28
2571.502
DECIDUOUS TREE 1" CAL BR
320
TREE
$145.00
$46,400.00
TOTAL ADD/DEDUCT: SCHEDULE
B (Storm Sewer)
($46,400.00)
Deduct from Schedule E: Vadnais Heights CP 2004-2
2
2101.511
CLEAR AND GRUB TREES
15
TREE
$67.00
$1,005.00
3
2104.501
REMOVE VCP SANITARY SEVER
1275
LF
$1.50
$1,912.50
4
2104.501
REMOVE CIP SANITARY FORCEMAIN
1275
LF
$1.50
$1,912.50
5
2104.501
REMOVE SANITARY SEWER MANHOLE
4
EACH
$300.00
$1,200.00
9
2104.521
SALVAGE WOOD RAIL FENCE
90
LF
$5.00
$450.00
10
2104.523
SALVAGE MODULAR BLOCK RETAINING WALL
60
SF
$5.00
$300.00
11
2105.522
SELECT GRANULAR BORROW, MOD 5%
398
CY
$12.50
$4,975.00
12
2105.525
TOPSOIL BORROW (CV)
154
CY
$8.36
$1,287.44
13
2211.501
AGGREGATE BASE, CLASS 6
530
TON
$11.00
$5,830.00
14
2331.508
BITUMINOUS WEAR TYPE LV WE45030B (DRIVEWAY)
9
TON
$100.00
$900.00
15
2331.514
BITUMINOUS NON -WEAR TYPE LV NW 35030B (BASE)
67
TON
$42.00
$2,814.00
16
2411.604
RECONSTRUCT SALVAGED MODULAR BLOCK RETAINING WALL
60
SF
$15.00
20
2503.601
MAINTAIN SANITARY SEWER SERVICE
1
LS
$100.00
21
2503.602
CONNECT TO EXISTING SANITARY SEWER SERVICE
20
EACH
$50.00
25
2503.603
8" PVC SANITARY SEWER, SDR 35
757
LF
$26.95
26
2503.603
8" PVC SANITARY SEWER, SDR 26
554
LF
$27.95
27
2503.603
8" DIP SANITARY SEWER, CL 52
18
LF
$50.00
28
2503.603
TELEVISE NEW SANITARY SEWER
1278
LF
$0.25
39
2506.603
(CASTING ASSEMBLY- R1642 -B W/NEOPRENE BOOT, LETTERED
6
EACH
$275.00
40
2506.603
STANDARD 8' DEEP SANITARY SEWER MANHOLE
6
EACH
$1,756.00
41
2506.603
SANITARY SEWER MANHOLE- EXTRA DEPTH
39.7
LF
$123.00
42
2506.603
CONSTRUCT 8" SANITARY SEWER DROP CONNECTION
4.9
LF
$500.00
45
2575.505
SODDING TYPE LAWN (STAKED)
1388
SY
$2.45
TOTAL ADD/DEDUCT: SCHEDULE E (Vadnais
Heights
CP 2004-2)
Add Schedule 1: Change Order #1
$900.00
$100.00
$1,000.00
$20,4C'
$15,484.oO
$900.00
$319.50
$1,650.00
$10,536.00
$4,883.10
$2,450.00
$3,400.60
($86,613.09)
Contract
Item No. Mn/DOT No. Description Quantity Units Unit Price Contract Amount
1 CONTRACT ADJUSTMENT FOR CONSTRUCTION DELAYS 1 LS $31,800.00 $31,800.00
TOTAL ADD/DEDUCT: SCHEDULE 1 (C.O. #1) $31,800.00
NET CONTRACT CHANGE: ($710,915.03)
Contract Status Conpletion Cost
Original Contract June 24, 2004 $1,333,032.71
Revised Contract PAy 12, 2004 $622,117.68
This Change Order, Change Order No. One (1), shall cover all claims and damages on behalf
of the Contractor to this contract as of October 13, 2004. The Contractor shall not submit any
additional claims for damages prior to October 13, 2004 for this project.
CONTRACTOR PALDA AND SONS, INC.
DATE
TITLE
OWNER CITY OF MAPLEWOOD
APPROVAL DATE
Myor
APPROVAL DATE
CitWanager
PREPARED BY URS CORPORATION
ED
TITLE
END OF CHANGE ORDER NO. 1
DATE