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HomeMy WebLinkAbout10-14-2004A. B. C. I0 E. 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