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Imp. Proj. #469AFFIDAVIT OF MAILING HEARING NOTICE IMPROVEMENT PROJECT #469 STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss CITY OF NEW HOPE) I, the undersigned being the duly qualified City Clerk of the City of New Hope, Minnesota, hereby attest and certify that: On June 17, 1994, acting on behalf of said City, 1 deposited in the United States mail at New Hope, Minnesota, copies of the attached Notice of Public Hearing on Proposed Retaining Wall Improvement No. 469, mailed first class, with postage thereon fully prepaid, addressed to the persons at the addresses appearing opposite their respective names, list attached. There is a delivery service by United States mail between the place of mailing and the places so addressed. City Clerk Subscribed and sworn to before me this t day of 19 . My commission expires y- R a o , 19 I Notary Rublic Henn6 l4n County JAYNE C. FERNY K NOTARY PUSLIC - MINNESOTA HENNEPIN COUNTY 06- 118 -21 11 0092 06- 118 -21 11 0093 06- 118 -21 11 0099 MARCIA SKORPAK JOHN & JUDY NAIL GRACE HUBBARD 6140 UTAH AVE N 6132 UTAH AVE N 7900 61 ST AVE N NEW HOPE MN 55428 NEW HOPE MN 55428 NEW HOPE MN 55428 06- 118 -21 11 0083 - 06- 118 -21 11 0078 06- 118 -21 11 0054 CLIFFORD WHITE JERRY & LINDA HUDSON MICHAEL MILLS 7900 60 1/2 AVE N 7901 60 1/2 AVE N 6001 WINNETKA AVE N NEW HOPE MN 55428 NEW HOPE MN 55428 NEW HOPE MN 55428 06- 118 -21 14 0036 06- 118 -21 14 0050 05- 118 -21 33 0028 J. MYERS KENT & J. BRANDT NEW HOPE ALANO GROUP INC J. KNEALING 7900 59TH AVE N 7615 BASS LAKE RD 7900 59 1/2 AVE N HOPE MN 55428 NEW HOPE MN 55428 NEW HOPE MN 55428 05- 118 -21 33 0088 05- 118 -21 33 0089 05- 118 -21 33 0023 M. HILGERS RONALD & SHARIE HUEBNER BEATRICE DOLAN 7605 BASS LAKE RD 7609 BASS LAKE RD 7643 BASS LAKE RD NEW HOPE MN 55428 NEW HOPE MN 55428 NEW HOPE MN 55428 05- 118 -21 33 0025 08- 118 -21 22 0104 07- 118 -21 31 0030 LUVERNE PETERSON BOON & SOUPHY VORASANE HENRY FORREST 5546 SUMTER AVE N SOMSANITH THIRAVONG 4840 DECATUR AVE N NEW HOPE MN 55428 5212 WINNETKA AVE N NEW HOPE MN 55428 NEW HOPE MN 55428 07-118-21 44 0002 07-118-21 44 0020 07-118-21 44 0019 RONALD & SUSAN PIONK SHERRY & MICHAEL KLEHR LOREN & T. JOHANSEN 4627 WINNETKA AVE N 4625 WINNETKA AVE N 7900 46TH AVE N NEW HOPE MN 55428 NEW HOPE MN 55428 NEW HOPE MN 55428 17- 118 -21 22 0018 17- 118 -21 22 0019 17- 118 -21 21 0024 BRUCE MCCLURG JOSEPH AMOS DALE & DIANE MIESEN 4322 WINNETKA AVE N 4320 WINNETKA AVE N 4424 NEVADA AVE N NEW HOPE MN 55428 NEW HOPE MN 55428 NEW HOPE MN 55428 17- 118 -21 21 0022 18- 118 -21 21 0005 18-118-21 21 0011 PAMELA GUSTAFSON JOSEPH & NORA HOUSER JACK NABEDRICK 4425 NEVADA AVE N 8810 42ND AVE N 9009 42ND AVE N NEW HOPE MN 55428 NEW HOPE MN 55427 NEW HOPE MN 55427 18- 118 -21 21 0006 18- 118 -21 33 0051 18- 118 -21 33 0050 LEE & MARY NEWTON CHARLES KRAMER D. BAKER 9109 42ND AVE N 3601 GETTYSBURG AVE N A. WIEST -BAKER NEW HOPE MN 55427 NEW HOPE MN 55427 3600 JORDAN AVE N NEW HOPE MN 55427 City Hall Fax: #612 -531 -5136 Police Fax. #612- 531 -5174 Public Works Fax. #612- 533 -7650 Subject: RETAINING WALL IMPROVEMENT NO. 469 Dear New Hope Property Owner: A public hearing has been scheduled by the New Hope City Council for June 27, 1994, at 7:00 p.m. to consider retaining wall improvements to your property in accordance with the attached Notice of Public Hearing. The general nature of the improvement is the construction, repair or removal of retaining walls as more fully described in the Notice. The total cost of the improvement is $201,510.00 (includes costs for retaining wall, sidewalk, tree removal, modular block wall, and sodding). Pursuant to the City's assessment policy, it is estimated that $21,511.00 of said costs will be assessed to benefitted properties. Property owners receiving this Notice are included in the assessment project Said assessments are determined on a square foot basis and are more fully set out in the preliminary assessment roll also attached. In order to accomplish retaining wall reconstruction, the property owner must grant temporary easements and the necessary rights -of -entry at no cost to the City. In the event the property owner is not agreeable to grant the easement, the City will not construct a new retaining wall at this time. The City will only consider the retaining wall reconstruction in a future project of similar size as this project and when the City feels it is able to finance the City portion. An assessment hearing determining final project costs and assessment amounts will be held after the completion of the project. You will also receive a mailed notice of the assessment hearing. The final assessment can be completely paid off at that time or it can be included on your tax statement and financed over a period of years. The length of years and the interest rate will be established by the City Council at the final assessment hearing. OPTION TO ASSESSMENT: The City of New Hope and Hennepin County would prefer not to have any retaining walls located along public right -of -way. Therefore, if the topography of the property is such that the retaining wall may be removed and permission is granted from the property owner, the costs associated with its removal, grading, and restoration would be a City cost. No cost would be assessed to the property owner. If you feel this may apply in your situation, please contact Mark Hanson to discuss the details. Questions regarding this project may be directed to Mark Hanson at Bonestroo, Rosene, Anderlik & Associates (636- 4600). Sincerely, - A� xc� Valerie Leone City Clerk Enclosures APPENDIX B PRELMINARY ASSESSMENT ROLL 1994 RETAINING WALL IMPROVEMENTS PROJECT NO. 469 Wall No. _ Address Owner Estimated Retaining Wall (sq. ft. Wall Cost $15.001s . ft Total Assess - meat (25% Wall Cost 1 6140 Utah Ave. Skorpak 485 $ 7,275 $ 1,818 2 6132 Utah Ave. Nail 140 2,100 525 3 7900 - 61st Ave. Hubbard 420 6,300 1,575 4 7900 - 60%th Ave. White 350 5,250 1,313 5 7901 - 60Y2thAve. Hudson 400 6,000 1,500 6 6001 WinnetkaAve. Mills 330 4,950 1,238 7 7900 - 59%th Ave. Myers 220 3,300 825 8 7900 - 59th Ave. Brandt 240 3,600 900 9 7615 Bass Lake Rd. (1) Alano Group 90 1,350 338 10 7605 Bass Lake Rd. (1) Hilgers 60 900 225 11 7609 Bass Lake Rd. (1) Huebner 90 1,350 338 12 7643 Bass Lake Rd. (1) Dolan 90 1,350 338 13 5546 Sumter Ave. (1) Peterson 190 2,850 712 14 5212 Winnetka Ave. (1) Vorasane 70 1,050 263 15 4840 Decature Ave. Forrest 80 1,200 300 16 4627 Winnetka Ave. (1) Pionk 150 2,250 562 17 4625 Winnetka Ave, (1) Klehr 310 4,650 2,175 (2) 18 7900 - 46th Ave. (1) Johansen 260 3,900 975 19 4322 Winnetka Ave. (1) McClurg 270 4,050 1,013 20 4320 Winnetka Ave. (1) Amos 70 1,050 263 21 4424 Nevada Ave. Miesen 180 2,700 675 22 4425 Nevada Ave. Gustafson 170 2,550 638 23 8810 - 42nd Ave. (1) Houser 260 3,900 975 24 9009 - 42nd Ave. (1) Nabedrick 160 2,400 600 25 9109 - 42nd Ave. (1) Newton 120 1,800 450 26 Outlot A - New Hope Highlands St. Land Dept. 370 5,550 NA 27 3601 Gettysburg Ave. Kramer 210 3,150 788 28 3600 Jordon Ave. Baker 50 750 188 5,835 $87,525 7 ; (1) Retaining walls on County roads. (2) Assessment assumes 25% for street (220 sq. ft.) and 100% along north side driveway (90 sq. ft.). NOTICE OF PUBLIC HEARING ON PROPOSED RETAINING WALL IMPROVEMENT NO. 469 (1994 Retaining Wall Improvements) City of New Hope Minnesota 1. Notice is hereby given that the City Council of the City of New Hope, Minnesota, will meet on June 27, 1994 at 7:00 o'clock p.m. at the City Hall, 4401 Xylon Avenue North, in said City for the purpose of holding a public hearing on a proposed improvement as described hereinafter. 2. The general nature of the improvement is the construction, repair or removal of 28 retaining wails with a new modular block wall system including sidewalk restoration, tree removal and all other appurtenant works and services reasonably required therefor, to serve an area in the City of New Hope, County of Hennepin, State of Minnesota, described as follows: Common Addresses of Wail Location 6140 Utah Avenue 6132 Utah Avenue 7900 - 61st Avenue 7900 - 60ith Avenue 7901 - 60ith Avenue 6001 Winnetka Avenue 7900 - 59ith Avenue 7900 - 59th Avenue 7615 Bass Lake Road 7605 Bass Lake Road 7609 Bass Lake Road 7643 Bass Lake Road 5546 Sumter Avenue 5212 Winnetka Avenue 4840 Decatur Avenue 4627 Winnetka Avenue 4625 Winnetka Avenue 7900 46th Avenue 4322 Winnetka Avenue 4320 Winnetka Avenue 4424 Nevada Avenue 4425 Nevada Avenue 8810 42nd Avenue 9009 42nd Avenue 9109 42nd Avenue 3601 Gettysburg Avenue 3600 Jordan Avenue Outlot A - New Hope Highlands 3. The estimated cost of said improvement is $201,510.00. 4. The area proposed to be assessed for the making of said improvement shall include the premises described in paragraph 2 above. 5. All persons interested are invited to appear at said hearing for the purpose of being heard with respect to the making of said improvement. Dated the 13th day of June, 1994. A/ �- Valerie Leone City Clerk (Published in the New Hope - Golden Valley Sun -Post on the 15th and 22nd days of June, 1994.) 1n " ('l r1 CGS AFFIDAVIT OF MAILING HEARING NOTICE STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss CITY OF NEW HOPE) I, the undersigned being the duly qualified City Clerk of the City of New Hope, Minnesota, hereby attest and certify that: On September 8, 1995, acting on behalf of said City, I deposited in the United States mail at New Hope, Minnesota, copies of the attached Notice of Hearing on Assessments for Retaining Wall Improvement No. 469, mailed first class, with postage thereon fully prepaid, addressed to the persons at the addresses appearing opposite their respective names, list attached. There is a delivery service by United States mail between the place of mailing and the places so addressed. r; a, City Clerk Subscribed and sworn to befo , me this //-� day of 19 `?'!; My commission expires 1 31 , Mg '.2orj I No�q y Public Hennepin County FINAL ASSESSMENT ROLLS - RETAINING WALL IMP #469 06 -SEP -1995 (08:10 LEVY NO -------------------------------------------------------------------------------- PROPERTY ID ADDN # ASSESSMENT 013449 05- 118 -21 -33 -0023 62224 $434.00 013449 05- 118 -21 -33 -0025 62224 $762.00 013449 05- 118 -21 -33 -0028 62224 $358.00 013449 05- 118 -21 -33 -0088 62316 $284.00 013449 05- 118 -21 -33 -0089 62316 $352.00 013449 06- 118 -21 -11 -0054 62284 $883.00 013449 06- 118 -21 -11 -0078 62296 $840.00 013449 06- 118 -21 -11 -0083 62296 $622.00 013449 06- 118 -21 -11 -0092 62381 $1,498.00 013449 06- 118 -21 -11 -0093 62381 $606.00 013449 06- 118 -21 -11 -0099 62242 $972.00 013449 06- 118 -21 -14 -0036 62425 $487.00 013449 06- 118 -21 -14 -0050 62425 $523.00 013449 07- 118 -21 -31 -0030 62505 $262.00 013449 07- 118 -21 -44 -0019 62247 $620.00 013449 07- 118 -21 -44 -0020 62247 $577.00 013449 08- 118 -21 -22 -0104 62405 $138.00 013449 17- 118 -21 -21 -0022 62225 $563.00 013449 17- 118 -21 -21 -0024 62225 $486.00 013449 17- 118 -21 -22 -0018 62459 $632.00 013449 17- 118 -21 -22 -0019 62459 $231.00 013449 18- 118 -21 -21 -0005 62218 $694.00 013449 18- 118 -21 -21 -0006 62269 $278.00 013449 18- 118 - 21-21 -0011 62269 $508.00 013449 18- 118 -21 -23 -0101 00680 $786.00 013449 18- 118 -21 -33 -0050 62299 $170.00 013449 18- 118 -21 -33 -0051 62299 $639.00 < *> $15,205.00* 06- 118 -21 11 0092 06-118-21 11 0093 06- 118 -21 11 0099 MARCIA SKORPAK JOHN & JUDY NAIL GRACE HUBBARD 6140 UTAH AVE N 6132 UTAH AVE N 7900 61ST AVE N NEW HOPE MN 55428 NEW HOPE MN 55428 NEW HOPE MN 55428 1,498.00 606.00 972.00 06- 118 -21 11 0083 06-118-21 11 0078 06- 118 -21 11 0054 CLIFFORD WHITE JERRY & LINDA HUDSON MICHAEL MILLS 7900 60 1/2 AVE N 7901 60 1/2 AVE N 6001 WINNETKA AVE N NEW HOPE MN 55428 NEW HOPE MN 55428 NEW HOPE MN 55428 622.00 840.00 883.00 06- 118 -21 14 0036 06-118-21 14 0050 05-118-21 33 0028 J. MYERS KENT & J. BRANDT NEW HOPE ALANO GROUP INC J. KNEALING 7900 59TH AVE N 7615 BASS LAKE RD 7900 59 1/2 AVE N HOPE MN 55428 NEW HOPE MN 55428 NEW HOPE MN 55428 523.00 358.00 487.00 05- 118 -21 33 0088 05- 118 -21 33 0089 05- 118 -21 33 0023 M. HILGERS RONALD & SHARIE HUEBNER BEATRICE DOLAN 7605 BASS LAKE RD 7609 BASS LAKE RD 7643 BASS LAKE RD NEW HOPE MN 55428 NEW HOPE MN 55428 NEW HOPE MN 55428 284.00 352.00 434.00 05- 118 -21 33 0025 08- 118 -21 22 0104 07- 118 -21 31 0030 LUVERNE PETERSON BOON & SOUPHY VORASANE HENRY FORREST 5546 SUMTER AVE N SOMSANITH THIRAVONG 4840 DECATUR AVE N NEW HOPE MN 55428 5212 WINNETKA AVE N NEW HOPE MN 55428 762.00 NEW HOPE MN 55428 262.00 138.00 07- 118 -21 44 0020 07- 118 -21 44 0019 17- 118 -21 22 0018 SHERRY & MICHAEL KLEHR LOREN & T. JOHANSEN BRUCE MCCLURG 4625 WINNETKA AVE N 6819 PARKVIEW LA 4322 WINNETKA AVE N NEW HOPE MN 55428 EDEN PRAIRIE MN 55346 NEW HOPE MN 55428 577.00 620.00 632.00 17- 118 -21 22 0019 17- 118 -21 21 0024 17- 118 -21 21 0022 JOSEPH AMOS DALE & DIANE MIESEN PAMELA GUSTAFSON 4320 WINNETKA AVE N 4424 NEVADA AVE N 4425 NEVADA AVE N NEW HOPE MN 55428 NEW HOPE MN 55428 NEW HOPE MN 55428 231.00 486.00 563.00 18- 118 -21 21 0005 18- 118 -21 21 0011 18- 118 -21 21 0006 JOSEPH & NORA HOUSER JACK NABEDRICK LEE & MARY NEWTON 8810 42ND AVE N 9009 42ND AVE N 9109 42ND AVE N NEW HOPE MN 55427 NEW HOPE MN 55427 NEW HOPE MN 55427 694.00 508.00 278.00 18-118-21 23 0101 18- 118 -21 33 0051 18- 118 -21 33 0050 HENNEPIN FORFEITED LAND CHARLES KRAMER D. BAKER 786.00 3601 GETTYSBURG AVE N A. WIEST -BAKER NEW HOPE MN 55427 3600 JORDAN AVE N 639.00 NEW HOPE MN 55427 170.00 September 11, 1995 Dear New Hope Property Owner: The construction of the Retaining Wall Improvement Project #469 has been completed. Thank you for your cooperation during the construction process. The final costs have been tabulated and the assessment against your property has been determined and is stated on the enclosed notice. Please read this notice carefully as it sets out your rights and remedies regarding the assessment. The City is holding a public hearing to consider objections to the proposed assessments on Monday. September 25th, at 7:00 p.m. in the Council Chambers at City Hall. If the assessment roll is adopted by the City Council on September 25th, the entire amount of your assessment may be paid in full without interest prior to October 25. 1995 (a 30 -day period ). If you do not choose to prepay the assessment, it will then be certified for collection with your real estate taxes with taxes payable in 1996. If the assessment is put on your taxes it will be spread in equal annual installments over 5 years bearing interest at 8 %. The first installment will include interest on the total assessment from October 1, 1995 through December 31, 1996, or 15 months' interest. We will advise you of the action resulting from the public hearing. Questions may be directed to the Special Assessment Clerk at (612) 531 -5132. Sincerely, Valerie Leone City Clerk Enclosure NOTICE OF HEARING ON ASSESSMENTS FOR RETAINING WALL IMPROVEMENT NO. 469 PID NO /OWNER: 1 YOUR ASSESSMENT: 2 INTEREST RATE/TERM: 8% Over 5 Years TIME AND PLACE Notice is hereby given that the City Council of the City of New Hope, GENERAL NATURE OF Minnesota, will meet in the City Hall at 4401 Xylon Avenue North in the IMPROVEMENTS: City of New Hope, Minnesota, on Monday the 25th day of September, 1995, at 7:00 o'clock p.m. to consider objections to the proposed assessments for Retaining Wall Improvement No. 469. The general nature of the improvement was the construction, repair or removal of 28 retaining walls with a new modular block wall system including sidewalk restoration, tree removal and all other appurtenant works and services reasonably required to complete said construction. ASSESSMENT ROLL The proposed assessment roll is on file with the City Clerk and open to OPEN TO public inspection. INSPECTION: AREA PROPOSED TO The area proposed to be assessed consists of every lot, piece or parcel BE ASSESSED: of land benefitted by said improvement, which has been ordered made and is as follows, in the City of New Hope, Minnesota: Common Addresses of Wall Location 8810, 9009 & 9109 42nd Ave N 7900 46th Ave N 7900 59th Ave N 7900 59 1/2 Ave N 7900 & 7901 60 1/2 Ave N 7900 61 st Ave N 7605, 7609, 7615 & 7643 Bass Lake Rd 4840 Decatur Ave N 3601 Gettysburg Ave N 3600 Jordan Ave N 4424 & 4425 Nevada Ave N 5546 Sumter Ave N 6132 & 6140 Utah Ave N 4320, 4322, 4625, 4627, 5212, 6001 Winnetka Ave N Outlet A, New Hope Highlands Page 1 TOTAL AMOUNT OF The total amount proposed to be assessed is $15,205.00. PROPOSED ASSESSMENT: WRITTEN OR ORAL Written or oral objections will be considered at the hearing. OBJECTIONS: RIGHT OF APPEAL: An owner of property to be assessed may appeal the assessment to the district court of Hennepin County pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. LIMITATION ON No appeal may be taken as to the amount of any assessment adopted APPEAL: by the City Council unless a written objection signed by the affected property owner is filed with the Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. All objections to the assessments not received at the assessment hearing in the manner prescribed by Minnesota Statutes, Section 429.061 are waived, unless the failure to object to the assessment hearing is due to a reasonable cause. DEFERMENT OF Under the provisions of Minnesota Statutes, Sections 435.193 to ASSESSMENTS: 435.195, the City may, at its discretion, defer the payment of assessments for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. The procedure for applying for such a deferment is set forth in New Hope Code 1.60 et. al., a copy of which is available upon request at the office of the City Clerk. SPECIFIC AMOUNT TO The amount to be specifically assessed against your particular lot, piece, BE ASSESSED: or parcel of land is stated on the first page of this notice. INTEREST RATE: If the assessment is not paid within 30 days from the adoption of the assessment roll, interest will accrue on the assessment at the rate of 8 %. Interest accrues from the date to be specified in the resolution lewino the assessment but not earlier than the date of such resolution. PREPAYMENT THIS You may prepay the entire assessment to the Finance Director or YEAR: Assessment Clerk of the City prior to November 30, 1995, when the assessment roll is certified to the County Auditor. PREPAYMENT In subsequent years, prepayments of the entire amount remaining due SUCCEEDING YEARS: may be made to the Finance Director or Assessment Clerk at any time prior to November 15 of any year, provided that the installment and interest in process of collection on the current tax list shall be paid to the County Treasurer and the remaining principal balance shall be paid the City Finance Director or Assessment Clerk. The prepayment shall include the remaining assessment with interest accrued to December 31 of the year in which the prepayment is made. Page 2 NO PARTIAL The City Council has not authorized the partial prepayment of PREPAYMENT: assessments prior to certification of the assessment or the first installment thereof to the County Auditor. Dated: September 11, 1995. BY ORDER OF THE CITY COUNCIL Valerie Leone, City Clerk Page 3 •; h Originating Department Approved for Agenda enc�a Secti�n ve opmen City Manager & Planning Kirk McDonald t 8 -22 -94 t Item No. By: Management Assistant By 8.2 RESOLUTION AWARDING CONTRACT FOR THE CONSTRUCTION OF IMPROVEMENT NO. 469 (1994 RETAINING WALL IMPROVEMENTS) At the June 27th Council meeting the City Council conducted a public hearing on the 1994 Retaining Wall Improvement Project and ordered preparation of final plans and specifications. At the July 25th Council meeting the City Council passed a resolution approving the plans and specifications and ordering advertisement of bids. At that time 27 of the 28 property owners with retaining walls on their property had signed the Temporary Construction Release, which grants the City the right to enter upon their property for retaining wall construction purposes. Bids for this project will be opened on August 19th and staff is requesting that the Council consider the award of the bid at the August 22nd Council meeting. Per the attached letter form Hennepin County Department of Public Works, the County would contribute $9,400 to the project. The remaining costs would be paid by property owner assessments (25 %), MSA funds and City funds. The City Attorney has prepared the enclosed sample RESOLUTION AWARDING CONTRACT FOR THE CONSTRUCTION OF IMPROVEMENT NO. 469 (1994 RETAINING WALL IMPROVEMENTS). The final resolution with the low bid and contractor will be presented at the meeting. Staff recommends approval of the resolution. i O N BY - V 64U • J� Pali,�:Qi7Ij7 Review: Administration: Finance: RESOLUTION NO 94 - 125 RESOLUTION AWARDING CONTRACT FOR THE CONSTRUCTION OF IMPROVEMENT NO. 469 (1994 Retaining Wall Improvements) BE IT RESOLVED by the City Council of the City of New Hope as follows: 1 . That bids for the construction of 1994 Retaining Wall Improvement No. 469 were duly opened at the New Hope City Hall, 4401 Xylon Avenue North, at 11:30 o'clock a.m. on the 19th day of August, 1994, as heretofore authorized by this Council. 2. That advertisement for bids for the construction of said improvement was published in the New Hope - Golden Valley Sun -Post, the official newspaper of the City, on the 27th day of July, 1994, and in The Construction B u l l e t i n on the 29th day of July, 1994, and on the 5th day of August, 1994. 3. It is hereby found and determined by this Council that the bid of Classic Asphalt Co., Inc far the construction of said project in the amount of $ 173,169 — is t he lowest responsible bid submitted for the construction of said improvement; that Bonestroo, Rosene, Anderlik & Associates, Inc., Engineers for the City, have recommended to this Council the said low bid for the award of the contract for the construction to the designated lowest responsible bid. 4. The Mayor and Manager are authorized and directed to enter into an improvement contract for the construction of said improvement in the name of the City with the lowest responsible bidder, subject to the said contractor furnishing a public contractor's surety bond, conditioned as required by law. Adopted by the Council this 22nd day of August, 1994. f Edw. ' Erickson, Mayor A t t e s t: %ttzL� Aee� Valerie Leone, City Clerk HUU - 10 - U4 1Ut 1tiUe r, /Uo C7RRICK & SONDRALL, P.A,. STEVEN A. SONOAALL A , 1 , ToRN EXS AT L Aw Lfid A s* PTA NTS M ICHP94 K LAPUZUH MARTIN P. MALLd1A Edinburgh Emecutivc office Plsxa LAVONN& U. HC WILUAMC. SYPAIT 8525 Edi ribruok CTU SSing SHARON D. DERBY Suite #203 Brooklyn Park, Minnesota 55443 TELEPHONE (672) 425.5671 FAX (912) 425 -9561 gust 16, 1994 Kirk McDonald � Management Asst. City of New Hope 4401 Xy lon Avenue North New Ho pe, MN 55428 RE: Resol Awarding Cont ract for 1394 Ret aining Wall Project Our File No: 99.11118 De ar Kirk-. � In follow to our August 16, 1994 telepho a 0onversation, please find enc l osea a proposed Resolution Awa d i n g Contract for the Construction of Improvement No. 469 for consideration at the August 22, 1994 City Council meeting. Please let me know the name of the successful bidder and the contract amount after the bid is opened on August 19th. I w i l l then include that information in paragraph 3 of the enclosed Resolution and provide You with a new copy of the Resolution. Contaot me if you have any questions. Very truly yours, Steven A. Sondrall sit Enclosure cc: Valerie Leone (w k t i ADVERTISEMENT FOR BIDS Sealed bids will be received by the City of New Hope, Minnesota in the City Hall at 4401 Xylon Avenue until 11:30 A.M., C.D.S.T., on Friday, August 19, 1994, at which time they will be publicly opened and read aloud for the furnishing of all labor and materials and all else necessary for the following: 1994 Retaining Wall Improvements - City Project No 469 5,800 SF Remove Existing Retaining Walls 5,000 SF Modular Block Retaining Wall 8,000 SF Remove/Reconstruct Existing Sidewalk with miscellaneous concrete curb and restoration. Plans and specifications, proposal forms and contract documents may be seen at the office of the City Clerk, New Hope, Minnesota, and at the office of Bonestroo, Rosene, Anderlik & Associates, Inc., Consulting Engineers, 2335 W. Trunk Highway 36, St. Paul, MN 55113, (612) 636 -4600. Each bid shall be accompanied by a bidder's bond naming the City of New Hope as obligee, certified check payable to the Clerk of the City of New Hope or a cash deposit equal to at least five percent (5 %) of the amount of the bid, which shall be forfeited to the City in the event that the bidder fails to enter into a contract. The City Council reserves the right to retain the deposits of the three lowest bidders for a period not to exceed 90 days after the date and time set for the opening of bids. No bids may be withdrawn for a period of ninety (90) days after the date and time set for the opening of bids. Payment for the work will be by cash or check. Contractors desiring a copy of the plans and specifications and proposal forms may obtain them from the office of Bonestroo, Rosene, Anderlik & Associates, Inc., upon payment of a deposit of $30.00. See "Information to Bidders" for plan/specification deposit refund policy. The City Council n informalities therein of the City. serves the right to reject any and all bids, to waive irregularities and and further reserves the right to award the contract to the best interests Daniel Donahue, Manager City of New Hope, Minnesota 34153ad 320 Washington. Avenue South Rayd, - t'(gwr Hopkins, Minnesota 55343-8468 (612)9.30.2500 FAXc(612)930- 251.3 Employer August 9,'1994 Mr. Mark A. Hanson Bonestroo, Rosene, Anderlik & Assoc. 2335 West Highway 36 St, Paul, MN 55113 1994 Retaining Walls Ncw Hope, MN City Project No. 469 Our File No. 34153 In accordance with my 8/9/94 inspection with yourself and Brian Langseth, Hennepin County District Maintenance Supervisor, I have determined that the walls at 7609 Bass Lake Road and 7643 Bass Lake Road are in bad shape and in need of replacement. The remaining 12 walls are in various stages of disrepair and will be repaired on an as- needed basis. Based on $18 per square foot, the two replacement walls will cost $3,240, with the County's share to be $1,620. As we discussed, there is rationale for the County to participate in this project to a greater extent than the $1,620 but not to the extent suggested in your 7/12/94 letter. Assuming the City goes ahead with the entire project as proposed, the County will be willing to contribute $9,400 °to this project. Forwarded herewith is the plan cover sheet with the County Engineer's signature. No permit will be required although all traffic control and traffic control devices shall conform to the Minnesota Manual on Uniform Traffic Control devices (MMUTCD). If this proposal is acceptable, notify myself when work is to begin and send an invoice when work on County roads is completed. Theodore 0. Operations E of Public Works d0'd 'OSS'd 2 00ZIIG9N09 TTET 929 ET9 tr£:9T V66T -OT-90 AP PENDIX PREUMINARY ASSESSMENT ROLL 1994 RETAINING WALL IMPROVEMENTS PROJECT NO. 469 Wall No. Address Owner Estimated Retaining Wall (s q. ft. Wall Cost ($15.001s q. ft. Total Assess - meet (25% Wall Cost 1 6140 Utah Ave. Skorpak 485 $ 7,275 $ 1,818 2 6132 Utah Ave. Nail 140 2,100 525 3 7900 - 61st Ave. Hubbard 420 6,300 1,575 4 7900 - 60%th Ave. White 350 5,250 1,313 5 7901 - 60%th Ave. Hudson 400 6,000 1,500 6 6001 Winnetka Ave. Mills 330 4,950 1,238 7 7900 - 59' /:th Ave. Myers 220 3,300 825 8 7900 - 59th Ave. Brandt 240 3,600 900 9 7615 Bass Lake Rd. (i) Alano Group 90 1,350 338 10 7605 Bass Lake Rd. (1) Hilgers 60 900 225 11 7609 Bass Lake Rd. (i) Huebner 90 1,350 338 12 7643 Bass Lake Rd. (i) Dolan 90 1,350 338 13 5546 Sumter Ave. (1) Peterson 190 2,850 712 14 5212 Winnetka Ave. (1) Vorasane 70 1,050 263 15 4840 Decature Ave. Forrest 80 1,200 300 16 4627 Winnetka Ave. (i) Pionk 150 2,250 562 17 4625 Winnetka Ave. (i) Klehr 310 4,650 2,175(2) 18 7900 - 46th Ave. (1) Johansen 260 3,900 975 19 4322 Winnetka Ave. (1) McClurg 270 4,050 1,013 20 4320 Winnetka Ave. (i) Amos 70 1,050 263 21 4424 Nevada Ave. Miesen 180 2,700 675 22 4425 Nevada Ave. Gustafson 170 2,550 638 23 8810 - 42nd Ave. (i) Houser 260 3,900 975 24 9009 - 42nd Ave. (1) Nabedrick 160 2,400 600 25 9109 - 42nd Ave. (1) Newton 120 1,800 450 26 Outlot A - New Hope Highlands St. Land Dept. 370 5,550 NA 27 3601 Gettysburg Ave. Kramer 210 3,150 788 28 3600 Jordon Ave. Baker 50 750 188 F -- � 1 5,835 $87,525 $21,511 (1) Retaining walls on County roads. (2) Assessment assumes 25% for street (220 sq, ft.) and 100% along north side driveway (90 sq. ft.). Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action /Equal Opportunity Employer August 22, 1994 City of New Hope 4401 Xylon Ave. N. New Hope, MN 55428 Attn: Daniel Donahue Otto G. Bonestroo. P.E. Howard A. Sanford, P.E. Michael P. Rau. P.E. Mark D. Wallis, P.E. Robert W Rosene, BE * Keith A. Gordon, P.E. Agnes M. Ring, A.ILGP. Miles B. Jensen, P.E. Joseph C. Anderlik, P.E. Robert R. Pfefferle, RE. Thomas W Peterson, P.E. L. Phillip Gravel, P.E. Marvin L. Sorvala, P.E. Richard W. Foster, P.E. Michael C. Lynch, P.E. Karen L. Wiemerii, P.E. Richard E. Turner, P.E. David O. Loskota, PE, James R. Maland, PE, Gary D. Kristofitz, PE. Glenn R. Cook, PE, Robert C. Russek, A.I.A. Jerry D. Pertzsch, P.E. Keith R. Yapp, P.E. Thomas E. Noyes, P.E. Jerry A. Bourdon, P.E. Scott J. Arganek, P.E. Douglas J. Benoit, P.E. Robert G. Schunicht, P.E. Mark A. Hanson. P.E. Kenneth P. Anderson, PE. Shawn D. Gustafson, RE. Susan M. Eberlin, C.P.A. Michael T Rautmann, PE. Mark R. Rolls, PE, Cecilio Olivier, P.E. 'Senior Consultant Ted K. Field. P.E. Mark A. Seip, P.E. Paul G. Heuer, PE. Thomas R. Anderson, A.I.A. Gary W Morien, P.E. John P. Gorder, P.E. Donald C. Burgardt, P.E. Paul J, Gannon, A.I.A. Charles A. Erickson Thomas A. Syfko, P.E. Daniel J. Edgerton, P.E. Leo M. Pawelsky Frederic J. Stenborg, P.E. A. Rick Schmidt, P.E. Harlan M. Olson Ismael Martinez, P.E. Philip J. Caswell, P.E. James F. Engelhardt Re: 1994 Retaining Wall Improvement Project No. 469, Our File No. 34153 Dear Dan: Bids were received for the above project on Friday August 19, 1994. The low bid was submitted by Classic Asphalt Co., Inc. with a low bid of $191,185. Listed below is the low bid compared to the amount estimated in the preliminary report. In addition a deduct bid was provided for a Diamond Wall (straight face) in lieu of the specified Key Stone Wall at $2.00/Sq. Ft. Although a deduct bid was not provided for the Diamond Wall similar to the specified Key Stone Wall the Contractor has provided a $1.60 /Sq.Ft. deduct bid for a Diamond Wall similar to the Key Stone Wall. The $1.60 /Sq.Ft. deduct bid would provide an $18,016 savings as noted below. F[1994Retaining Preliminary Report Low Bid % Deviation Wall $161,210 $167,690 + 4.0% New Hope Athletic Field (49th Avenue Ball Field) $23 Total Base Bid $191,185 Alternate - Diamond Wall (deduct) $18 Total With Alternate $173,169 2335 West HlgMway 36 a 5t. Paul, MN 55113 • 612- 636 -4600 Mr. Daniel Donahue City of New Hope Page 2 File No. 34153 Hennepin County has agreed to contribute $9,400 to the cost of the project. In addition State Aid has approved the plan per the attached letter. Construction costs eligible for State Aid based on the total base bid is $159,490. The retaining walls on 45th Avenue at Nevada Avenue ($8,200) and New Hope Athletic Field ($23,495) are not eligible for State Aid. We have reviewed the Contractors past work and recommend the project be awarded to Classic Asphalt Co., Inc. with a total base bid of $173,169 which includes the $1.60 /Sq.Ft. deduct for Diamond Wall. If you have any questions please contact this office. Yours truly, BONESTROO, R NE, ANDERLIK & ASSOCIATES, INC. � Mark A. Hanson MAH:dh EPARTMENT: DATE: TO: PROM: PHONE: SUBJECT: Mn/DOT - Metro Division State Aid - Waters Edge STATE OF MINNESOTA O ffice Me August 12, 1994 Pat Murphy, Director State Aid for Local Transportation Division Mary Bieringer Metro Division Assistant State Aid Engineer 582 -1370 �f r S.A.P. 1f52- 020 -16, 1�2- 106 -08, 18`2- 107 -05, 1$2-109-03, 11- 111 -04 Retaining Wall & Sidewalk Plan in New Hope. The attached submittal is herewith forwarded to your office requesting plan approval for the above project, as follows; 1) Original Plan Sheets. 2) Engineers Estimate. 3) Plan Review Sheet. 4) Plan Review Comment Letter. 5) Laboratory Testing Service Request Mark Hanson is the Designer, phone 636 -4600 at Bonestroo Rosene Anderlik & Associates I recommend approval of the project. CC: Mark Hanson - Bonestroo Rosene Anderlik & Associates Bruce Polaczyk - Hennepin County File w Mr. Kirk McDonald City of New Hope 4401 Xylon Ave. N. New Hope, MN 55428 Re: 1994 Retaining Wall Improvements Project No 469.. "Our File No. 34153 Dear Kirk: The City Council awarded the above referenced project to Classic Asphalt Co., Inc., provided the references for previous work were found acceptable. We have inspected two retaining walls constructed by Classic Asphalt Co., Inc., which are listed below: Schultz - 5015 Knob Hill Rd., Edina Reynolds Printing - 7605 Equitable Dr., Eden Prairie Each of the retaining walls were constructed to acceptable standards for modular block walls. Based on our inspection and the fact that the contractor is capable of securing a performance bond for this work, we find no reason not to award the 1994 Retaining Wall project to Classic Asphalt Co,, Inc.. If you have any questions, please contact this office. Yours very truly, BONESTROO, R SENE, ANDERLIK & ASSOCIATES, INC. i" Mark A. Hanson MAH:pr cc: Daniel Donahue - City Manager Steve Sondrall - City Attorney Valerie Leone - City Clerk 233S West Highway 36 9 St. Paul, MN SS113 e 0, r Bonestroo, Rosene, Anderlik and Associates Inc. is an Affirmative Action /Equal Opportunity Employer Otto G. Bonestroo, P.E. Howard A. Sanford, P.E. Michael P Rau, P.E. Mark D. Wallis, P.E. Rosene Robert W Rosene, P.E.* Keith A. Gordon, P.E. Agnes M. Ring, A.I.C.P. Miles B. Jensen, P.E. Joseph C. Anderlik, P.E. Robert R. Pfefferle, PE. Thomas W. Peterson, PE. L. Phillip Gravel, P.E. C 6 Marvin L. Sorvala, PE, Richard E. Turner, P.E. Richard W. Foster, PE. David O. Loskon, PE. Michael C. Lynch, RE, James R. Maland, P.E. Karen L. Wiemen, PE. Gary D. Kristofitz, P.E. /A ssoc iates Glenn R. Cook, PE. Thomas E. Noyes, PE Robert C. Russek, A.I.A. Jerry A. Bourdon, P.E Jerry D. Pertzsch, P.E. Scott J. Arganek, PE. Keith R. Yapp, P.E. Douglas J. Benoit, P.E. Robert G. Schunicht P.E. Mark A. Hanson, P.E. Kenneth P Anderson, P.E. Shawn D. Gustafson, PE. Eng ine ers gi /�PCf71t @Cg$ 9 Susan M. Eberlin, C.P.A. 'Senior Consultant Michael T. Rautmann, P.E. Ted K. Field, PE. Mark R. Rolfs, P.E. Mark A. Seip, P.E. Cecilio Olivier, P.E. Paul G. Heuer, P.E. Thomas R. Anderson, A.LA. Gary W Morien, P.E. John P Gorder, P.E. Donald C. Burgardt, PE. Paul J. Gannon, A.I.A. Charles A. Erickson August 25, 1994 Thomas A. Syfko, P.E. Frederic J. Stenborg, PE. Daniel J. Edgerton, PE. A. Rick Schmidt, P.E. Leo M. Pawelsky Harlan M. Olson Ismael Martinez, PE, Philip J. Caswell, P.E. James E Engelhardt w Mr. Kirk McDonald City of New Hope 4401 Xylon Ave. N. New Hope, MN 55428 Re: 1994 Retaining Wall Improvements Project No 469.. "Our File No. 34153 Dear Kirk: The City Council awarded the above referenced project to Classic Asphalt Co., Inc., provided the references for previous work were found acceptable. We have inspected two retaining walls constructed by Classic Asphalt Co., Inc., which are listed below: Schultz - 5015 Knob Hill Rd., Edina Reynolds Printing - 7605 Equitable Dr., Eden Prairie Each of the retaining walls were constructed to acceptable standards for modular block walls. Based on our inspection and the fact that the contractor is capable of securing a performance bond for this work, we find no reason not to award the 1994 Retaining Wall project to Classic Asphalt Co,, Inc.. If you have any questions, please contact this office. Yours very truly, BONESTROO, R SENE, ANDERLIK & ASSOCIATES, INC. i" Mark A. Hanson MAH:pr cc: Daniel Donahue - City Manager Steve Sondrall - City Attorney Valerie Leone - City Clerk 233S West Highway 36 9 St. Paul, MN SS113 e 0, Bonestroo, Rosene Anderlik and Associates Inc. is an Affirmative Action /Equal Opportunity Employer Otto G. Bonestroo, PE. Robert W. Rosene, RE* Joseph C. Anderlik, RE. Marvin L. Sorvala, P.E. Richard E. Turner, P.E. Glenn R. Cook, RE. Thomas E. Noyes, P.E. Robert G. Schunicht, P.E. Susan M. Eberlin, C.PA. 'Senior Consultant V co -, August 24, 1994 Classic Asphalt Co., Inc. 5575 Highway 169 N. Plymouth, MN 55442 Re: Contract Documents, File 34153 City of New Hope - Project 649 Retaining Wall Improvements Gentlemen: Howard A. Sanford, P.E. Michael P. Rau, PE. Keith A. Gordon, P.E. Agnes M. Ring, A.I.CP. Robert R. Pfefterle, PE. Thomas W Peterson, P.E. Richard W. Foster, PE. Michael C. Lynch, P.E. David O. Loskota, P.E. James R. Maland, P.E. Robert C. Russek, A.I.A. Jerry D. Pertzsch, PE. Jerry A. Bourdon, P.E. Scott J. Arganek, PE, Mark A. Hanson, P.E. Kenneth P. Anderson. PE. Michael T Rautmann, P.E. Mark R. Rolfs, P.E. Ted K. Field, PE. Mark A. Seip, P.E. Thomas R. Anderson, A.I.A. Gary V, Morien, P.E. Donald C, Burgardt, PE. Paul J. Gannon, A.I.A. Thomas A. Sjfko, P.E. Daniel J. Edgerton, P.E. Frederic J, Stenborg, PE. A. Rick Schmidt, PE. Ismael Martinez. PE, Philip J. Caswell, P.E. Mark D. Wallis, P.E. Miles B. Jensen, PE. L. Phillip Gravel, P.E. Karen L. Wiemen, PE. Gary D. Kristofitz, RE. Keith R. Yapp, P.E. Douglas J. Benoit, P.E. Shawn D. Gustafson, RE. Cecilio Olivier, P.E. Paul G. Heuer, PE. John P. Gorder, P.E. Charles A. Erickson Leo M. Pawelsky Harlan M. Olson James F. Engelhardt Enclosed are five (5) copies of the contract documents between you and the City of New Hope covering the above referenced project. Please have your bonding company complete pages 51 through 61 of the Conditions of the Contract. The insurance and indemnity requirements of pages 13, 14, 15, & 16 shall be provided. After the bonding company has completed the documents, forward them to Steve Sondrall, Attorney -at -Law, 8525 Edinbrook Crossing, Brooklyn Park, MN 55443 , who will review them for the City of New Hope. After the necessary City officials have signed the contracts you will be sent two copies, one for your file and one for your bonding company. One copy will be retained by the City for their file, one by the attorney, and one will be sent to us for our file. Upon receipt of a signed contract and a filed Certificate of Insurance, approved by the City Attorney, a pre- construction conference will be scheduled with you and the City to review the project. After the pre- construction conference, you will be issued a notice to proceed with the work as outlined in the plans and specifications. Yours very truly, BONESTROO, ROSEN ANDERLIK & ASSOCIATES, INC. Mark A. Hanson MAH:1k Enclosures: 5 CC: City of New Hope,' Steve Sondrall, Attorney 4401 Xylon Avenue North Telephone: 612 -531 -5100 City Hall Fax: #612- 531 -5136 New Hope, Minnesota 55428 -4898 TDD Line: 612 - 531 -5109 Police Fax: #612 - 531 -517•- Public Works Fax: #612- 533 -765C September 9, 1994 Classic Asphalt Co., Inc. 5575 Highway 169 N. Plymouth, MN 55442 SUBJECT: PROJECT 469 (RETAINING WALL IMPROVEMENTS) Enclosed are two fully executed copies of the contract documents for New Hope Project No. 469. One copy is for your records and the second copy should be transmitted to your bonding company. Also enclosed is return of your bid bond. Contract documents are on file with our City Engineer and City Attorney. Also enclosed is a "Withholding Affidavit for Contractors" (IC -134 form). We cannot make final payment to contractors until this is approved by the Minnesota Department of Revenue and submitted to our office (Minnesota Statute 290.97). The form contains instructions for completion. Sincerely, Valerie Leone City Clerk, MCMC enc. cc: Mark Hanson, City Engineer Steve Sondrall, City Attorney Kirk McDonald, Management Asst /Community Dev. Coordinator Family Styled City For Family Living JA Sonestroo Bidder Total Base Bid Rosene Address Telephone No. " SIDE Anderlik & Assoclates State, Zip Fax. No. k Engineers - - - t . " Si. Pain. MCity, ADDENDUM NO.1 1994 RETAINING WALL IMPROVEMENTS CITY PROJECT NO. 649 FILE NO. 34153 NEW HOPE, MINNESOTA August 12, 1994 Opening Time: 11:30 A.M., C.D.S.T. Opening Date: Friday, August 19, 1994 ADDENDUM NO.1 PREVAILING WAGE RATES: Attached hereto are the prevailing wage rates for this project. BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. 2335 WEST TRUNK HIGHWAY 36 ST. PAUL, MINNESOTA 55113 (612) 636-4600 34153ad1.ADD MINNESOTA DEPARTMENT OF LABOR AND INDUSTRY PREVAILING WAGES FOR STATE FUNDED CONSTRUCTION PROJECTS ------------------=-------------- THIS NOTICE MUST BE POSTED ON THE JOBSITE IN A CONSPICUOUS PLACE --------------------------------- CONSTRUCTION TYPE: HIGHWAY AND HEAVY COUNTY: 27 HENNEPIN EFFECTIVE: 931122 THIS PROJECT IS COVERED BY MINNESOTA PREVAILING WAGE STATUTES. WAGE RATES LISTED BELOW ARE THE MINIMUM HOURLY RATES TO BE PAID ON THIS PROJECT. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY AND FORTY (40) HOURS PER WEEK SHALL BE PAID AT A RATE OF ONE AND ONE HALF (1 1/2) TIMES THE BASIC HOURLY RATE. VIOLATIONS SHOULD BE REPORTED TO THE DEPARTMENT OF TRANSPORTATION, OFFICE OF CONSTRUCTION, TRANSPORTATION BLDG, JOHN IRELAND BLVD, ST PAUL, MN 55155 612- 297 -5716. * INDICATES THAT ADJACENT COUNTY RATES WERE USED FOR THE LABOR CLASS LISTED. THE LABOR CLASSIFICATIONS LISTED A "NLY THOSE EXPECTED TO BE NEEDED TO COMPLETE THE PROJECT. IF MORE CLASSES OF LABOR ARE NEEDED FOR THIS PROJECT, CONTACT THE DEPARTMENT. LABOR CODE AND CLASS 101 LABORER, COMMON (GEN LABOR WRK) 102 LABORER, SKILLED (ASST CRFT JRNY 103 LABORER, LANDSCAPING 104 FLAGPERSON 107 PIPELAYER (WATER, SEWER & GAS) 109 UNDRGRND & OPEN DITCH LABORER 201* AIR COMPRESSOR OPERATOR 202 ASPHLT, BTMNOUS STBLZR OPERATOR 203 DRGLN /SMLR EQMT W /SHV CONTROLS EFFECT DATE 931122 940501 931122 940501 931122 940501 931122 940501 931122 940501 931122 940501 931122 940501 931122 940501 931122 940501 BASIC RATE 15.00 15.45 15.15 15.60 08.98 09.13 11.75 12.20 15.45 15.90 15.20 15.65 15.63 16.23 18.67 19.27 18.97 19.57 FRNGE TOT RATE RAT 05.30 20. 05.70 21. 05.30 20. 05.70 21. 02.94 11. 03.39 12. 04.60 16. 05.00 17. 05.30 20. 05.70 21. 05.30 20. 05.70 21.. 05.35 20.! 05.75 21.! 05.35 24.1 05.75 25.1 05.35 24.; 05.75 25.; COUNTY:27 HENNEPIN 931122 H LABOR CODE AND CLASS 204 BTMNOUS SPREADER & FINISHER 205 BTMNOUS SPREAD & FINISHER HELPER 207 CONCRETE DIST,SPRDR,FINISHER 208 CONCRETE SAW (MULTI BLADE,PWR) 209 CRUSHER,WASHER,SCREEN OPERATOR 210 CURB MACHINE 211 FRONT END LOADER UP TO INCL 1 CU 212 FINE GRADE OPERATOR 213* FORKLIFT OPERATOR 214 FRONT END LOADER OVER 1 CU YD 217 GRADER /MOTOR PATROL,MULTI USE 218 GRADER (MOTOR PATROL) 219 GREASER (TRUCK AND TRACTOR) 221* SELF PROPELLED CHIP SPREADER 222 MECHANIC OR WELDER 223 OILERS (SHOVEL,CRANE,DRAGLINE) 224 PICK UP SWEEPER 226 ROLLER, SELF PROP FOR COMPACTION 227 BTMNOUS ROLLER UP TO 8 TONS EFFECT DATE 931122 940501 931122 940501 931122 940501 931122 940501 931122 940501 931122 940501 931122 940501 931122 940501 931122 940501 931122 940501 931122 940501 931122 940501 931122 940501 931122 931122 940501 931122 940501 931122 940501 931122 940501 931122 940501 BASIC RATE 18.67 19.27 15.63 16.23 15.63 16.23 15.63 16.23 18.67 19.27 18.67 19.27 15.63 16.23 18.97 19.57 18.67 19.27 18.67 19.27 18.97 19.57 15.63 16.23 14.42 15.02 11.25 18.67 19.27 14.42 15.02 18.67 19.27 14.42 15.02 15.63 16.23 FRNGE TO' RATE RA' 05.35 24 05.75 25 05.35 20 05.75 21 05.35 20 05.75 21 05.35 20 05.75 21 05.35 24 05.75 25 05.35 24. 05.75 25 05.35 20, 05.75 21, 05.35 24. 05.75 25. 05.35 24, 05.75 25, 05.35 24, 05.75 25. 05.35 24. 05.75 25, 05.35 20. 05.75 21, 05.35 19, 05.75 20, 00.00 ill 05.35 24, 05.75 25, 05.35 19, 05.75 20, 05.35 24, 05.75 25, 05.35 19, 05.75 20. 05.35 20, 05.75 21. '. 'COUNTY:27 HENNEPIN 931122 H EFFECT BASIC FRNGE TOI ,LABOR CODE AND CLASS DATE RATE RATE- RAI ----------------------------------------------- 228 BTMNOUS ROLLER 8 TONS & OVER ------ 931122 ----- 18.67 05-35 24. 940501 19.27 05.75 25. 229* SCRAPER, 32 CU YDS AND OVER 931122 18.79 05.35 24. 940501 19.39 05.75 25. 230 SELF PROP VIBRATING PACKER 931122 14.42 05.35 19. 940501 15.02 05.75 20. 231 RUBBER TIRED TRACTOR,BACK HOE 931122 18.67 05.35 24. 940501 19.27 05.75 25. 232* SHOULDERING MACHINE, APSCO TYPE 931122 08.70 02.00 10. 233 SLIP FORM (POWER-DRIVEN,PAVING) 931122 18.67 05.35 24. 940501 19.27 05.75 25. 234 TURNAPULL 931122 18.67 05.35 24. 940501 19.27 05.75 25. 235* TRACTOR D2,TD6 TYPE PWR TAKE-OFF 931122 15.63 05.35 20. 940501 16.23 05.75 21. 236 TRACTOR OVER D2, TD6 931122 18.67 05.35 24. 940501 19.27 05.75 25. 301* BITUMINOUS DISTRIBUTOR DRIVER 931122 10.40 02.00 12. 302 DUMPMAN 931122 16.30 03.28 19.! 940501 16.65 03.53 20.' 303* GREASER AND TRUCK SERVICEMAN 931122 16.30 03.28 19.! 940501 16.65 03.53 20.' 304* SELF PROPELLED PACKER OPERATOR 931122 07.80 02.00 09A 305 TRUCK DRIVER (HAULING MACHINERY) 931122 10.45 01.51 ll.E 306 SINGLE AXLE OR TWO AXLE 931122 16.30 03.28 19.! 940501 16.65 03.53 20.1 307 TANDEM AXLE OR THREE AXLE 931122 16-55 03.28 19.E 940501 16.90 03.53 20.4 308* FOUR AXLE UNIT 931122 16.65 03.28 19.9 940501 17.00 03.53 20.5 309 FIVE AXLE UNIT 931122 17.20 03.28 20.4 940501 17.55 03.53 1 21.0 403* BRICKLAYER 931122 20.30 05.02 25.3 940501 21.30 05-02 26.3 404 CARPENTER 931122 20.01 05.22 25.2 940501 21.01 05.22 26.2 a COUNTY:27 HENNEPIN 931122 H LABOR CODE AND CLASS ----------------------------------------------- 406 CEMENT MASON 407 ELECTRICIAN 411 GROUNDMAN 412 IRONWORKER 413 LINEMAN 414* MILLWRIGHT 415* PAINTER 416 PILEDRIVERMAN 417* PIPEFITTER - STEAMFITTER 419* PLUMBER 421* SHEET METAL WORKER 430 COMMUNICATIONS SYSTEMS TECH 431 COMMUNICATIONS SYSTEMS INSTALR EFFECT DATE 931122 940501 931122 931122 940101 931122 931122 940101 931122 940501 931122 940501 931122 940501 931122 940501 931122 931122 940501 931122 931122 BASIC RATE 20.03 21.03 21.26 14.79 14.79 20.80 22.27 22.27 19.26 20.26 19.56 20.01 20-01 21-01 21-90 22.98 17.46 21.68 22.73 17.15 11.31 FRNGE TO' RATE RN 04.77 24 04.77 25 08-78 30 04.45 19 04.70 19 06.34 27 05.81 28 06.06 28 06.49 25 06.49 26 04-82 24 05.37 25 05.22 25 05.22 26 06.85 28, 06.85 29 10-53 27, 06.64 28, 06.64 29. 03.92 21, 03.15 14. 1994 RETAINING WALL IMPROVEMENTS CITY PROJECT NO. 649 FILE NO. 34153 NEW HOPE, MINNESOTA 1994 INDEX Index Advertisement for Bids Information to Bidders Wage Standards EEO Proposal Special Provisions 2101. Clearing & Grubbing - Specific & General Requirements 2104. Removing Miscellaneous Structures - Specific & General Requirements 2105. Excavation & Embankment - Specific & General Requirements 2331. Plant -Mixed Bituminous Pavement - Specific & General Requirements 2357. Bituminous Tack Coat - Specific & General Requirements 2521. Walks - Specific & General Requirements 2531. Concrete Curb and Gutter - Specific & General Requirements 2575. Turf Establishment - Specific & General Requirements Supplemental Conditions of the Contract Conditions of the Contract I hereby certify that this plan and specification was prepared by me or under my direct supervision and that I am a duly Re istered Professional Engineer under e la of e. State of Minnesota. Mark . Hanson, P.E. Date: August 4, 1994 Reg. No. 14260 34153 Copyright 1994 Bonestroo, Rosene, Anderlik & Associates, Inc. ADVERTISEMENT FOR BIDS Sealed bids will be received by the City of New Hope, Minnesota in the City Hall at 4401 Xylon Avenue until 11:30 A.M., C.D.S.T., on Friday, August 19, 1994, at which time they will be publicly opened and read aloud for the furnishing of all labor and materials and all else necessary for the following: 1994 Retaining Wall Improvements City Praiec No. 469 5,800 SF Remove Existing Retaining Walls 5,000 SF Modular Block Retaining Wall 8,000 SF Remove/Reconstruct Existing Sidewalk with miscellaneous concrete curb and restoration. Plans and specifications, proposal forms and contract documents may be seen at the office of the City Clerk, New Hope, Minnesota, and at the office of Bonestroo, Rosene, Anderlik & Associates, Inc., Consulting Engineers, 2335 W. Trunk Highway 36, St. Paul, MN 55113, (612) 636 -4600. Each bid shall be accompanied by a bidder's bond naming the City of New Hope as obligee, certified check payable to the Clerk of the City of New Hope or a cash deposit equal to at least five percent (5 %) of the amount of the bid, which shall be forfeited to the City in the event that the bidder fails to enter into a contract. The City Council reserves the right to retain the deposits of the three lowest bidders for a period not to exceed 90 days after the date and time set for the opening of bids. No bids may be withdrawn for a period of ninety (90) days after the date and time set for the opening of bids. Payment for the work will be by cash or check. Contractors desiring a copy of the plans and specifications and proposal forms may obtain them from the office of Bonestroo, Rosene, Anderlik & Associates, Inc., upon payment of a deposit of $30.00. See "Information to Bidders" for plan /specification deposit refund policy. The City Council reserves the right to reject any and all bids, to waive irregularities and informalities therein and further reserves the right to award the contract to the best interests of the City. Daniel Donahue, Manager City of New Hope, Minnesota 34153ad 1. BID PROCEDURE: Each planholder has been furnished a specification, plan set and two extra proposals. Bids shall be submitted on the separate Proposal Form designated 'BID COPY' and not in the specification book. The Proposal containing the bid shall be submitted in a sealed envelope. 2. DEPOSIT AND REFUND: Plans and specifications may be obtained for the deposit amount stipulated in the Advertisement for Bids. Planholders may obtain more than one set of plans and specifications for the stipulated amount, however, refunds will not be given for these additional sets. Refunds of deposit will be made to all bidders, subcontractors, and suppliers who return plans and specifications, in good condition, within 15 days of the bid date provided they: a) Were a prune bidder who submitted a bona -fide bid to the Owner, or b) Submitted quotes to at least two prime bidders which are identified with the returned plans and specifications. The following planholders need not return plans and specifications to receive a refund of deposit: a) Low prime bidder, or b) Successful low subcontractors and suppliers who notify the receptionist within 15 days of the bid. Refunds of deposit will also be made, for one set of plans and specifications only, to those planholders who return plans and specifications at least 48 hours before the bid - letting hour. 3. INDIVIDUAL DRAWINGS AND SPECIFICATION SHEETS: Individual drawings and specifications sheets may be purchased at the rate of Five Dollars ($5.00) per sheet of drawings and Twenty -five cents ($0.25) per sheet of specifications for which no refund will be made. 1994 General Bonestroo Bidder Classic Asphalt Co., Inc. Total Base Bid $191,185.00 ® Rosene Address 5575 Highway 169 N. Telephone No. 550 -1694 Anderlik & Associates City, State, Zip Plymouth, MN 55442 Fax. No. _550 -0630 Engineers ArcM &I [ec[t Si. Paul, Ml n e A PROPOSAL 1994 RETAINING WALL IMPROVEMENTS CITY PROJECT NO. 649 FILE NO. 34153 NEW HOPE, MINNESOTA 1994 Opening Time: Opening Date: Honorable City Council City of New Hope 4401 Xylon Avenue N Minneapolis, Minnesota 55428 Dear Council Members: 11:30 A.M., C.D.S.T. Friday, August 19, 1994 The undersigned, being familiar with your local conditions, having made the field inspections and investigations deemed necessary, having studied the plans and specifications for the work including Addenda Nos. 1 and being familiar with all factors and other conditions affecting the work and cost thereof, hereby proposes to furnish all labor, tools, materials, skills, equipment and all else necessary to completely construct the project in accordance with the plans and specifications on file with your Clerk and Bonestroo, Rosene, Anderlik & Associates, Inc., 2335 W.Trunk Highway 36, St. Paul, Minnesota 55113, as follows: No. Item Part 1 - CSAH 10 (Bass Lake Road) 2104.501 Remove and salvage existing fence 2104.501 Remove concrete curb 2104.503 Remove concrete driveway 2104.503 Remove concrete walk 2104.503 Remove retaining wall 2104.50.5 Remove bituminous pavement 2105.521 Granular borrow (LV) Unit Qty Unit Price Total Price LF 15 $ 5.00 $ 75.00 LF 16 3.00 48.00 SF 140 0.80 112.00 SF 2,900 0.50 1,450.00 SF 1,400 1.00 1,400.00 SY 130 1.50 195.00 CY 150 8.00 1,200.00 34153.PRO P -1 No. Item 2105.525 Topsoil borrow (LV) 0411.603 Modular block retaining wall 2521.521 4" concrete walk 2531.501 Concrete curb & gutter, Design B618 2531.507 6" concrete driveway pavement 2575.505 Sodding, type lawn 0341.606 2" thick Type 41 bituminous walk 2.50 Total Part 1 - CSAH 10(Bass Lk.Rd.) Part 2 - CSAH 156 (Winnetka Ave. N) 2101.502 Clearing (tree) 2101.507 Grubbing (tree) 2104.501 Remove concrete curb 2104.503 Remove concrete sidewalk 2104.503 Remove retaining wall 2105.521 Granular borrow (LV) 2105.525 Topsoil borrow (LV) 0411.603 Modular block retaining wall 2521.521 4" concrete walk 2531.501 Concrete curb & gutter, Detail B624 2575.505 Sodding, type lawn Total Part 2 - CSAH 156 (Winnetka Avenue North) Part 3 - CSAH 9 (Rockford Road) 2104.501 Remove concrete curb 2104.503 Remove concrete sidewalk 2104.503 Remove retaining wall Unit Qty Unit Price Total Price CF 1,325 $ 0.50 $ 662.50 SF 1,700 10.00 17,000.00 SF 2,900 2.50 7,250.00 LF 16 16.00 256.00 SY 16 30.00 480.00 SY 430 2.50 1,075.00 SF 1,170 1.00 1,170.00 $32,373.50 EA 1 $ 80.00 $ 80.00 EA 1 20.00 20.00 LF 35 3.00 105.00 SF 1,300 0.50 650.00 SF 1,400 1.00 1,400.00 CY 115 8.00 920.00 CF 1,080 0.50 540.00 SF 1,600 10.00 16,000.00 SF 1,300 2.50 3,250.00 LY 35 16.00 560.00 SY 300 2.50 750.00 $ 24,275.00 LF 50 $ 3.00 $ 150.00 SF 500 0.50 250.00 SF 1,250 1.00 1,250.00 34153TRO P -2 No. Item 2104.505 Remove bituminous pavement 2105.521 Granular borrow (LV) 2105.525 Topsoil borrow (LV) 0411.603 Modular block retaining wall 2521.521 4" concrete walk 2531.521 Concrete curb & gutter, Design B624 2575.505 Sodding, type lawn 0341.606 2" thick Type 41 bituminous walk Total Part 3 - CSAH 9 (Rockford Rd) Unit Part 4 - Winnetka Avenue North Unit Price North of Bass Lake Road) 2101.502 Clearing (tree) 2101.507 Grubbing (tree) 2104.501 Remove concrete curb 2104.503 Remove concrete sidewalk 2104.503 Remove retaining wall 2104.50.5 Remove bituminous pavement 2105.521 Granular borrow (LV) 2105.525 Topsoil borrow (LV) 0411.603 Modular block retaining wall 2521.521 4" concrete curb 2531.501 Concrete curb & gutter, Design B618 2575.505 Sodding, type lawn 0341.606 2 thick Type 41 bituminous walk 2.50 Total Part 4 - Winnetka Ave. North SF (North of Bass Lake Road) Unit Qty Unit Price Total Price SY 15 5.00 75.00 CY 90 8.00 720.00 CF 700 0.50 350.00 SF 1,450 12.00 17,400.00 SF 500 2.60 1,300.00 LF 50 16.00 800.00 SY 220 2.50 550.00 SF 135 2.00 270.00 $23,115.00 EA 14 $ 125.00 $ 1,750.00 EA 14 25.00 350.00 LF 15 3.00 45.00 SF 4,000 0.40 1,600.00 SF 3,230 0.80 2,584.00 SY 150 1.50 225.00 CY 200 8.00 1,600.00 CF 3,310 0.50 1,6.55.00 SF 3,470 10.00 34,700.00 SF 4,000 2.50 10,000.00 LF 15 16.00 240.00 SY 980 2.50 2,450.00 SF 1,350 1.00 1,350.00 $58,549.00 34153TRO P -3 No. Item Unit Qty Unit Price Total Price Part 5 - 49th Avenue North 2104.503 Remove concrete sidewalk SF 100 $ 1.00 $ 100.00 2104.503 Remove retaining wall SF 150 1.50 225.00 2105.521 Granular borrow (LV) CY 5 8.00 40.00 2105.525 Topsoil borrow (LV) CF 270 0.50 135.00 0411.603 Modular block retaining wall SF 150 15.00 2,250.00 2521.521 4" concrete walk SF 100 2.60 260.00 257.5.505 Sodding, type lawn SY 180 2.50 450.00 Total Part 5 - 49th Avenue North $3,460.00 Part 6 - 36th Avenue North 2104.503 Remove concrete sidewalk SF 300 $ 0.70 $ 210.00 2104.503 Remove retaining wall SF 360 1.50 540.00 2105.521 Granular borrow (LV) CY 15 8.00 120.00 2105.525 Topsoil borrow (LV) CF 540 0.50 270.00 0411.603 Modular block retaining wail SF 460 13.00 5,980.00 2521.521 4" concrete walk SF 300 2.60 780.00 2.575.505 Sodding, type lawn SY 165 2.50 412.50 Total Part 6 - 36th Avenue North $8,312.50 Part 7 - 4.5th Avenue North 2104.501 Remove concrete curb LF 120 $ 2.50 $ 300.00 2104.503 Remove retaining wall SF 340 1.50 510.00 2105.521 Granular borrow (LV) CY 10 8.00 80.00 2105.525 Topsoil borrow (LV) CF 270 0.50 135.00 0411.603 Modular block retaining wall SF 400 13.00 5,200.00 2531.501 Concrete curb & gutter, mountable LF 120 15.00 1,800.00 34153TRO P -4 No. Item Unit Qty Unit Price Total Price 2575.505 Sodding, type lawn SY 70 2.50 175.00 Total Part 7 - 45th Avenue North EA 1 20.00 $8,200.00 Part 8 - New Hope Athletic Field SF 600 0.50 300.00 2104.503 Remove retaining wall SF 1,450 $ 1.50 $ 2,175.00 2104.505 Remove bituminous pavement SY 220 1.00 220.00 2105.521 Granular borrow (LV) CY 25 8.00 200.00 2105.525 Topsoil borrow (LV) CF 850 0.50 425.00 0411.603 Modular block retaining wall SF 1,600 11.00 17,600.00 2575.505 Sodding, type lawn SY 230 2.50 575.00 0341.606 2" thick Type 41 bituminous walk SF 2,300 1.00 2,300.00 Total Part 8 - N.H. Athletic Field SF 450 1.00 $23,495.00 Part 9 - 62nd Avenue North 2101.502 Clearing (tree) EA 1 $ 80.00 $ 80.00 2101.507 Grubbing (tree) EA 1 20.00 20.00 2104.503 Remove concrete sidewalk SF 600 0.50 300.00 2104.503 Remove retaining wall SF 400 1.50 600.00 2104.505 Remove bituminous pavement SY 50 2.00 100.00 2105.521 Granular borrow (LV) CY 10 8.00 80.00 2105.525 Topsoil borrow (LV) CF 90 0.50 45.00 0411.603 Modular block retaining wall SF 430 14.00 6,020.00 2521.521 4" concrete walk SF 600 2.60 1,560.00 2575.505 Sodding, type lawn SY 60 2.50 150.00 0341.606 2" thick Type 41 bituminous walk SF 450 1.00 450.00 Total Part 9 - 62nd Avenue North $9,405.00 34153TRO P -5 No. Item Total Part 1 - CSAH 10 (Bass Lk Rd) Total Part 2 - CSAH 156 (Winnetka Avenue North) Total Part 3 - CSAH 9 (Rockford Rd) Total Part 4 - Winnetka Avenue N. (North of Bass Lake Road) Total Part 5 - 49th Avenue North Total Part 6 - 36th Avenue North Total Part 7 - 45th Avenue North Total Part 8 - N.H. Athletic Field Total Part 9 - 62nd Avenue North Total Base Bid Alternate Retaining Wall Systems Item Manufacturer Unit Add or (Deduct) per sq.ft. ($2.001sq. ft. x 11,260 sq. ft.) Item Manufacturer Add or (Deduct) per sq.ft. ($1.601sq. ft. x 11,260 sq. ft.) Item Manufacturer Add or (Deduct) per sq.ft. Qty Unit Price Total Price 32,373.50 24,275.00 23,115.00 58,549.00 3,460.00 8,312.50 8,200.00 23,495.00 9 ,405.00 $191,185.00 Diam. Ret. Wall (straight face) Amer. Masonary ($22,520.00) Diam. Ret. Wall (beveled face) Amer. Masonary ($18,016.00) 34153TRO P -6 The final amount of the contract shall be determined by multiplying the final measured quantities of the various items actually constructed and installed by the unit prices therefor, in the manner prescribed in the specifications. However, the low bidder shall be determined by adding the sums resulting from multiplying the quantities stated by the unit prices bid therefor. Accompanying this bid is a bidder's bond certified check or cash deposit in the amount of $ five percent 5 %) of amount bid , which is at least five percent (5 %) of the amount of my /our bid made payable to the Owner, and the same is subject to forfeiture in the event of default on the part of the undersigned or failure on the part of the undersigned to execute the prescribed contract and bond within fifteen (15) days after its submittal to me /us. In submitting this bid it is understood that the Owner retains the right to reject any and all bids and to waive irregularities and informalities therein and to award the contract to the best interests of the Owner. In submitting this bid, it is understood that payment will be by cash or check. It is understood that bids may not be withdrawn for a period of 45 days after the date and time set for the opening of bids. It is understood that the Owner reserves the right to retain the certified check or bond of the three lowest bidders as determined by the Owner for a period not to exceed 45 days after the date set for the opening of bids. Respectfully submitted, jA Corporation) Classic Asphalt Co. Inc. (An Individual) Name of Bidder (A Partnership) (Signed) Gerry S. Brown Signer President Title Gerry S. Brown Printed Name of Signer 34153TRO P -7 Minnesota Department of Transportation special pnwinie EEO Contract Management Office Reviwd sr SPECIAL PROVISIONS FOR EQUAL I' i 1E1 i.'i. • If the project contains any Federal funding, Federal EEO regulations and goals apply (pages 2, 7 -12, 13 -14, 15 -18, 19, 27 -44). The Mn/DOT EEO Contract Management Office monitors and reviews these projects on behalf of the Federal Highway Administration (FHWA), under executive Order 11246 and its accompanying laws and rules. (Pages 27-44 may be omitted from projects with gQ Federal funding.) If the project is on trunk highways and contains State funding (i.e. , projects designated by a state project [S.P.] number), or is on non -trunk highways and contains State funding (i.e., county state -aid ,[CSA] or municipal state -aid [MSA] projects designated by a state aid project [S.A.P.] number), State EEO regulations and goals apply (pages 2, 3-4, 5 -6, 7 -12, 19). Mn/DOT has adopted criteria and a review process exactly similar to the Federal criteria and review process, but has established independent State employment goals. Projects let before May 22, 1992 have State goals (which are the same as Federal goals); projects let May 22, 1992 to September 27, 1993 have interim State goals (which are more stringent than Federal goals); projects let September 27, 1993 and later have permanent Stater goals. Mn/DOT'S EEO Contract Management Office monitors and reviews NWDOT projects in conjunction with the Minnesota Department of Human Rights under Minnesota Statute 363.073 and its accompanying rules. Please note that incentive payments are not available on S.A.P. projects, so Form EEO-14 is not required. L. r i zo COIN Notice of Requirement for Affirmative Action . ............................... 2 Minnesota Affirmative Action Regulations ... ............................... 3 Minnesota EEO Special Contract Specifications ............................... 5 Standard Federal and State Equal Employment Construction Contract Specifications ......... 7 Equal Opportunity Clause ............ ............................... 13 Minority and Women Employment Goal Chart ............................... 15 Notice to All Prime and Subcontractors: Reporting Requirements ................... 19 Sample Summary of Employment Activity, Form EEO -12 ........................ 21 Sample Monthly Employment Compliance Report, Form EEO-13 ................... 23 Economically Disadvantaged Employee Incentive Program ....................... 25 Sample Economic Disadvantaged Employee Incentive Affidavit, Form EEO-14 ........... 26 On -The -Job Training Program: OJT Assignment Form .......................... 27 Certification of On -the -Job Training Hours, Federal -Aid Projects ................... 28 Required Contract Provisions: Federal -Aid Construction Contracts ................... 29 Required Contract Provisions: Federal -Aid Construction Contracts, Appendix A .......... 43 The Contractor's compliance with the Executive Order, the regulations in 41 , andh Minnesota Statutes 363.073 and Minnesota Rules Part 5000.3520 shall be based on its implementatic of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications 5 forth in 41 CFR 60- 4.3(a) for Federal or federally assisted projects, and Minnesota Statutes 363.073, at Minnesota Rules Part 5000.3540 for State or State assisted projects, and its efforts to meet the goa established for the geographical area where the contract resulting from this solicitation is to be ormet The hours of minority and women employment and training must be substantially uniform throughout tt length of the contract, and in each trade, and the Contractor shall snake a good faith effort to emplc minorities and women evenly on each of its projects. The transfer of minority and women employee or trainees from contractor to contractor or from project to project for the sole purpose of meeting ti Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CF Part 60-4 for Federal or federally- assisted projects and /or Minnesota Statutes 363.073 and Minneso Rules Part 5000.3520 for state or state - assisted projects. Compliance with the goals will be measurt against the total work hours performed. 3. If the contract is federally funded, the Contractor shall provide written notification to the Director of d Office of Federal Contract Compliance Programs within ten working days of award of any constructit subcontract in excess of $10,000 at any tier for construction work under the contract insulting from tb solicitation. If the contract is state funded, the Contractor shall provide written notification to d Compliance Division of the Minnesota Department of Human Rights within ten working days of away of any construction subcontract in excess of $50,000 at any tier for construction work under the contra resulting from this solicitation. The notification shall list the name, address and telephone number of d Subcontractor; employer identification number of the Subcontractor; estimated dollar amount of d subcontract; estimated starting and completion dates of the subcontract; and the geographical area which the contract is to be performed. 4. As used in this Notice, and in the contract resulting from this solicitation, the "covered " is d county or counties of the State of Minnesota where the work is to be performed. 2. It is hereby agreed between the parties to this contract that this agency requires that the Contractor meet affirmative action criteria as provided for by Minnesota Statute 363.073 and Minnesota Rules, Parts 5000.3400 to 5000.3600. It is the intent of the Minnesota Department of Transportation to fully carry out its responsibility for requiring affirmative action, and to implement sanctions for failure to meet these requirements. Failure by a contractor to implement an affirmative action plan, meet project employment goals for minority and women employment or make a good faith effort to do so, may result in revocation of his/her Certificate of Compliance or suspension or revocation of the contract (Minnesota Statute 363.073, subd. 2 and 3). 3. Under the affirmative action obligation imposed by the Human Rights Act, Minnesota Statutes, Section 363.073, contractors shall take affirmative action to employ and advance in employment minority, female, and qualified disabled individuals at all levels of employment. Affirmative action must apply to all employment practices, including but not limited to hiring, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor shall recruit, hire, train and promote persons in all job titles, without regard to race, color, creed, religion, sex, national origin, marital status, status with regard to public assistance, physical or mental disability, sexual orientation or age except where such status is a bona fide occupational qualification. These affirmative action requirements of the Minnesota Human Rights Act are consistent with but broader than Executive Order 11246 as covered in this contract. 4. Affirmative Action for disabled workers. The Contractor shall not discriminate against any employee or applicant for employment because of a physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled individuals without discrimination based upon their physical or mental disability in all employment practices such as employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training (including apprenticeship). In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with Minnesota Statutes, section 363.073 and the rules and relevant orders of the Minnesota Department of Human Rights pursuant to the Minnesota Human Rights Act. EEO Page 3 5. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices shall state the Contractor's obligation under the law to take affirmative action to employ and advance in employment minority, women and qualified disabled employees and applicants for employment, and the rights of applicants and employees. A poster entitled "Contractor Non - discrimination is the Law" may be obtained from:' Compliance Unit Minnesota Department of Human ,Rights 500 Bremer Tower 7th Place and Minnesota Street St. Paul, Minnesota 55101 (602) 296 -5663 TTY 296 -1283 Toll Free 1- 800 - 657 -3704 6. The Contractor shall notify each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of Minnesota Statutes, section 363.073 of _ the Minnesota Human Rights Act, and is committed to take affirmative action to employ an d advance in employment minority, women and qualified physically and mentally disabled individuals. a ' ' , , Minnesota Departnent of Transportation EEO Contract Management Office Special ftovolow Revised 4/94 SPEC OTA EEO CONTRACT SPECMCATIONS Note. ne following provisions apply to State or state- assisted contracts or subcontracts in excess of $50,000.00. 1. These contract provisions stall apply to all wort performed on the contract by the contractor's own organization and with the assistance of workers under the cortractor'a immediate superintendence and to ad work performed on the contract by piece work, station work, or subcontract. 2. The contractor stall insert in each subcontract the Notice of Requirement for Affirmative Action to Ensure Equal Opportunity Employment% "Minnesota Affirmative Action Requirements" 'Special Equal Employment Opportunity Contract Specificationa", and 'Standard Federal and State Equal Employment Opportunity Construction Contract Specifications', and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Special Equal Employment Opportunity Contract Provisions. 3. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as required by the Minnesota Human Rights Act are set forth in Minnesota Statute 363 and its accompanying rules (including the Standard Federal and State Equal Employment Construction Contract Specifications), the Minnesota Affirmative Action Regulations on Page EEO-4 of this contract, and these Special Equal Employment Opportunity Provisions. The requirements set forth in these Special Equal Employment Opportunity Provisions &ball constitute the specific affirmative action requirements for project activities under this :.ontract and supplement the state equal employment opportunity requirements set forth in the Standard Federal and State Equal Employment Opportunity Construction Contract Specifications. In the execution of this contract, the contractor agrees t o comply with the minimum specific requirement activities of EEO as follows (item 2- 13:) 4. EEO Policy a. The contractor will accept as its operating policy the following statement: It is the policy of this Company to assure that applicants are employed, and that employees arc uuted during employment, without regard to their race, color, creed, religion, national origin, sex, marital sutus, status with regard to public assistance, membership or activity in a local :ommission, disability, age or sexual orientation. Such action shall include: hiring, tenure, :ompensation, tetra, upgrading, conditions, facilities or privileges of employment, selection for training, including apprenticeship, preapprenticeahip, and/or on- the-job training. b. The contractor will wort with the Department of Transportation EEO Contract Management Office avian T EEO) in carrying out EEO obligations and in their review of its activities under the contract. S. Equal Employmsnt OD Often. The contractor will designate and make known to Mn/DOT EEO's Contract Compliance Specialists an equal employawK opporwnity officer (hereinafter referred to as the EEO Officer) who will have the responsibility for and mum be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 6. Dissemination of PoUcy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who arc substantially involved in such action will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office staff will be conducted before the mart of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer coveting all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment And potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 7. Reervhmsnt: When advertising for employees, the contractor will include in all advertisement& for employees the notation 'An Equal Opportunity Employer. ° All such advertisements will be placed in publications having a large circulation among minority group$ in the area from which the project work force would normally be derived. a. The contractor will, unless prwhuded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority gip applicants. To meet this requitement, the contractor will, through his EEO Officer, identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. b. in the event the contractor has a valid bargaining agreement providing for exclusive hiring ball referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The U.S. Department of Labor has held that where the implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment by ping appropriate notices or bulletins in areas accessible to all such employees. In addition, information and procedures with regard to referring minority group applicants will be discussed with employees. 8. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, transfer, demotion, layoff, and termination, stall be taken without regard to race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local commission, disability, ages or sexual orientation. The following procedures shall be followed: a. Thor contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site Pcnx moral. b. The contractor will pariodi"Uy evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. a The contractor will poriodicafly review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. N the toview indicaw that the discrimination may extend beyond the actions reviewed, such corrective action shall WOW" all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection, with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable timo.lf the investigation indicates that the discrimination may affect Persons EEO Page 5 other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all his avenues of appear. 9. Tmining and Proasodou. a. The contractor will assist in bating, qualifying, and increasing the stuns of minority group and women employees sad applicants for employment. b. Consistent with the contractor's workforce requirements and as permissible under Federal and State regulations, the contractor &hail ;make full use of training programs, i.e. apprenticeship, and on-the-job training programs for geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees should be in their first year of apprenticeship or training. c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The Contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 10. Unions. If a contractor relies in whole or in part upon unions as a source of employees, the contractor will use its best efforts to =obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use its best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group members and women so that they may qualify for higher paying employment. b. The contractor will use its best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local commission, disability, age or sexual orientation. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to MnfDOT EEO and shall act forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a Ioeal commission, disability, age or sexual orientation; making full efforts to obtain qualified and/or qualifiable minority group persons and woman. (The U.S. Department of Labor has held that it doll be no excusts that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral t practice prevents the contractor from meeting its contractual EEO obligations such contractor shall immediately notify MN /DOT EEO. i i . Selection of Subcontractors, procurement of Materials and Leaving of Equip -eat. The contractor shall not discriminate on grounds of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local comntiuion, disability or sexual' orientation in the selection and retention of subcontractors, including procurement of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of its EEO obligations under this contract. b. Targeted Group Business enterprises (TGB), as defined in Minnesota " Statute ` 16B19 and accompanying rules, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use its best efforts to solicit bids from and utilize TGB subcontractors or subcontractors with meaningfid minority group and women representation among 'their employees. Contractors shall obtain lists of TGB construction firms from Mn/DOT EEO personnel. c. The contractor will use its best efforts to ensure subcontractor compliance with their equal employment opportunity obligations. 12. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of Mn/DOT EEO and the Minnesota Department of Human Rights. a. The records kept by the contractor shall document the following: (1) The number of minority and nonminority group members and women employed in each work classification on the project, and hours of work; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees, and (4) The progress and efforu being made in securing the services of TGB subcontractors or subcontractors with meaningful minority and femak representation among their employees. 13. NomerigaW F a. By submission of this bid, the execution c contract or subcontract, or the consummation t material supply agreement or purchase ordi appropriate, the bidder, State aid co"n contractor, subcontractor, material wpplie vendor, as appropriate, certifies that the firm not maintain or provide for its amployeei segrogated facilities at any of its establishment that the firm does not permit its employe perform their services at any , location, and control, where segregated facilities are mainu The firm agrees that a breach of this cenificat a violation of the EEO provisions of this cot The firm further certifies that no employee a denied access to adequate facilities on the ba sex or disability. b. As - 'used < in this :certification, the "segregated facilities' means any waiting n work area, restrooms and washrooms, restat and other eating areas, parking lots, dri fountains, :recreation or entertainment transportation, and housing facilities provide employees which are segregated by e: directive, or are, in fact, segregated on the bra race, color, creed, religion, national c disability, age or sexual orientation becau habit, local custom, or otherwise. The exception will be for the disabled -whe: demands for accessibility override (e.g. dim parking). c. The contractor agrees that it has obtau will obtain identical certification from ,pro subcontractors or material suppliers prior to of subcontracts or consummation of material : agreements of $50,000 or more and that retain such certifications in its files. minnesota Department of Transportation special Pf0VW0;@ EEO Contract Managemwt Office STANDARD FEDERAL AND STATE EQUAL ENHYLOYAMENT OPFORTUN1TY CONSTRUCTION CONTRACT • (Executive Order 112A6 and Mwesota Statute 363.073) Unless noted, the follo%oing apply to both Federallfed a ssiste d p r o jects ►ter Statelstate assisted projects. applies to Federallfederally assist PrOjects Only- 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; C. "Employer Identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 ($50,000 for State projects) the provisions of these specifications and the Notice which contains the applicable goals for minority and women participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4, 5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work on the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. EEO Page 7 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7` to (p) of these specifications (itemized as 4[a] to [o], Minnesota Rules 5000.3535). The goals, set for in the solicitation from which this contract resulted are expressed as percentages of the total hours employment and training of minorities and utilization the Contractor should (shall, for State or W assisted projects) reasonably be able to achieve in each construction trade in which it has employees the covered area. The Contractor shall make substantially uniform progress toward its goals in ea craft during the period specified. ; Covered construction contractors performing construction work geographical areas where they do not have a Federal or 'federally assisted construction contract sh: apply the minority and female goals established for the geographical area where the work is beii performed. Federal goals are published periodically in the Federal Register in notice form, and su notices maybe obtained from any office of Federal Contract Compliance' programs or from Fedej procurement contracting officers. State goals are published periodically in the State Register in nod form, and may be obtained from the Minnesota Department of Human Rights or the Minnesc Department of Transportation's EEO Contract Management Office. The Contractor is expected to ma substantially uniform progress toward its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement nor the failure by a- union, with whc the Contractor has a collective bargaining agreement, to refer either minorities or women shall excu the Contractor's obligations under these specifications and Executive Order 11246 and its associat rules and regulations for Federal or federally assisted projects, and Minnesota Statutes, Section 363.0 of the Minnesota Human Rights Act, or the rules adopted under the Act for State or state assist projects. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting I goals, such apprentices and trainees shall be employed by the Contractor during the training period, a the Contractor must have made a commitment to employ the apprentices and trainees at the completi of their training, subject to the availability of employment opportunities. Trainees shall be train according to training programs approved by the Minnesota Department of Human Rights, the Minnesc Department of Labor and Industry, or the United States Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. T evaluation of the Contractor's compliance with these specifications must be based upon its effort achieve maximum results from its actions. The Contractor shall document these efforts fully, and sh implement affirmative action steps at least as extensive as the following (referred to in Minnesota Ru: 5000.3535 as items 4(a) to (o): (a) Ensure and maintain, or for State or state assisted projects make a good faith effort to mainta a worlang environment free of harassment, intimidation, and coercion at all sites and in facilities at which the Contractor's employees are assigned to work. For Federal or federa assisted projects, the Contractor, where possible, will assign two or more women to ea construction project. The Contractor shall specifically ensure that all foremen, superintenden and other on -site supervisory personnel are aware of and carry out the Contractor's obligati to maintain such a working environment, with specific attention to minority or wom individuals working at such sites or in such facilities. EEO Page 8 (b) Establish and maintain a current list of minority and women recruitment sources, provide written notification to minority and women recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. (c) Maintain a current file of the names, addresses, and telephone numbers of each minority and women off -the- street applicant and minority or women referral from a union, a recruitment source, or community organization and of what action was taken with respect to each individual. If the individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor along with whatever additional actions the Contractor may have taken. (d) Provide immediate written notification to the commissioner of the Minnesota Department of Human Rights for State or state assisted projects, or the director of the Office of Federal Contract Compliance for Federal or federally assisted projects, when the union, or unions with which the Contractor has a collective bargaining agreement, has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. (e) Develop on-the-job training opportunities and/or participate in training programs for the areas which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the State of Minnesota for State or state assisted projects or the Department of Labor, for Federal or federally assisted projects. The Contractor shall provide notice of these programs to the sources compiled under (b). (f) Disseminate the Contractor's equal employment opportunity policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its equal employment opportunity obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and women employees at least once a year; and by posting the company equal employment opportunity policy on bulletin boards accessible to all employees at each location where construction work is performed. (g) Review, at least annually, the company's equal employment opportunity policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions; including specific review of these items with onsite supervisory personnel such as superintendents, general foremen, etc., prior to the first day of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. (h) Disseminate the Contractor's equal • • oppodunity policy externally by • any advertising in the news media, specifically including minority and women news media,, providing written notification to and discussing the Contractor's equal employment o pp or tw policy with other contractors and subcontractors with whom the Contractor does or anticip; doing business. (i) Direct its recruitment efforts, both oral and written,. to minority, women, and commw organizations; to schools with minority and women students; and to minority and won recruitment and training organizations serving the Contractor's recruitment area and employm needs. Not later than one month prior to the date for the acceptance of applications apprenticeship or other training by any recruitment source, the Contractor shall send writ notification to organizations, such as the above, describing the openings, screening proceduz and tests to be used in the selection process. (j) Encourage present minority and women employees to recruit other minority persons and worn and, where reasonable, provide after school, summer and vacation employment to minority women youth, both on the site and in other areas of a Contractor's work force. (k) Validate all tests and other selection requirements where there is an obligation to do so uns 41 CRF Part 60-3. (This requirement applies only to Federal and federally assisted project (1) Conduct, at least annually, an inventory and evaluation at least of all minority and worr, personnel for promotional opportunities; and encourage these employees to seek or to prep; for, through appropriate training, such opportunities. (This is Item 4(k) in Minnesota Rule (m) Ensure that seniority practices, job classifications, work assignments, and other persoru practices do not have a discriminatory effect by continually monitoring all personnel a employment - related activities to ensure that the equal employment opportunity policy and 1 Contractor's obligations under these specifications are being carried out, ('Phis is item 40) Minnesota Rules.) (n) Ensure that all facilities and company activities are nonsegregated except that separate or sing: user toilet and necessary changing facilities shall be provided to assure privacy between t sexes. ('This is item 4(m) in Minnesota Rules.) (o) Document and maintain a record of all solicitations or offers for subcontracts from minority a women construction contractors and suppliers, including circulation of solicitations to minori and women contractor associations and other business associations. (This is item 4(n) Minnesota Rules.) (p) Conduct a review, at least annually, of all supervisors' adherence to and performance under t Contractor's equal employment opportunity policies and affirmative action obligations. (TT, is item 4(o) in Minnesota Rules.) 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7(a) to (p) for Federal or federally,assisted projects, and 4(a)-(o) for state or state assisted projects). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the Contractor is a member and participant, may be .... of as fulfilling any one or ,• of its obligations un1 . .. to • or to • of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and women work force participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiftness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non - minority. Consequently, the Contractor may be in violation of the Executive Order for Federal or federally assisted projects, or Minnesota Rules for State or state assisted projects, if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order or Minnesota Rules part 5000.3520 if a specific minority group is under - utilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, creed, religion, sex, or national origin. Minnesota Statutes 363.073, part 5000.3535 (Subp. 7) also prohibits discrimination with regard to marital status, status with regard to public assistance, disability, age, or sexual orientation. 11. The Contractor shall not enter into any subcontract with any person or firm debarred from government contracts under the federal Executive Order 11246 or a local human rights ordinance, or whose certificate of compliance has been suspended or revoked pursuant to Minnesota Statutes, Section 363.073. 12. The Contractor shall carry out such sanctions for violation of these specifications and of the equal opportunity clause, including suspension, termination, and cancellation of existing contracts as may be imposed or ordered pursuant to Minnesota Statutes, Section 363.073, and its implementing rules for State or state assisted projects, or Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs for Federal or federally assisted projects. Any contractor who fails to carry out such sanctions shall be in violation of these specifications and Minnesota Statutes, Section 363.073, or Executive Order 11246 as amended. 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications (paragraph 4 in Minnesota Rules 5000.3535), so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of these Specifications or Minnesota Statutes, Section 363.073 and its implementing rules, or Executive Order 11246 and its regulations, the commissioner or the director shall proceed in accordance with Minnesota Rules part 5000.3570 for State or state assisted projects, or 41 CFR 60-4.8 for Federal or federally assisted projects. EEO Page 11 EEO Page 12 ]EQUA Minnesota Department of Transportation spoew rrovu— OPPORTUNM CLAUSE (41 CFR ', 61 During the performance of this contract, the Contractor agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and, selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the State Highway Agency (SHA) setting forth the provisions of this nondiscrimination clause. 2, The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor will send, to each labor union or representative of workers with which the Contractor has a collective bargaining agreement or other contract or understanding, a notice to be provided by the SHA advising the said labor union or workers' representative of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor will comply with all provisions of Executive Order 11246, Equal Employment Opportunity, dated September 24, 1965, and of the rules, regulations (41 CFR Part 60), and relevant orders of the Secretary of Labor, 5. The Contractor will furnish all information and reports required by Executive Order 11246 and by rules, regulations, and orders of the Secretary of Labor, pursuant thereto, and will permit access to its books, records, and accounts by the Federal Highway Administration (FHWA) and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract, or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor may be declared ineligible for further Government contracts or federally- assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraph (1) through (7) in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor, unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 244 of Executive Order 11246. The Contractor will take such action with respect to any subcontract or purchase order as the Secretary of Labor, SHA, or the Federal Highway Administration (FHWA) may direct as a means of enforcing such provisions, including sanctions for noncompliance. In the event a contractor becomes a party to litigation by a EEO Page 13 subcontractor or vendor as a result of such direction, the contractor may request the SHA to ente, such litigation to protect the interest of the State. In addition, the Contractor may request the U States to enter into such litigation to protect the interests of the United States. The Contractor further agrees that it will be bound by the above equal opportunity clause with respect t own employment practices when it participates in federally assisted construction work: Provided, that i applicant so participating is a State or local government, the above equal opportunity clause is not applic to any agency, instrumentality or subdivision of such government which does not participate in work o under the contract. The Contractor agrees that it will assist and cooperate actively with the administering agency and the Secre of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administe agency and the Secretary of Labor such information as they may require for the supervision of : compliance, and that it will otherwise assist the administering agency in the discharge of the agency's prin responsibility for securing compliance. The Contractor further agrees that it will refrain from entering into any contract or contract modification sut to Executive Order I'A' 246 of September 24, 1965, with a contractor debarred from, or who has demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to Executive order and will carry out such sanctions and penalties for violation of the equal opportunity ch as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of U pursuant to Part H, Subpart D of the Executive order. In addition, the applicant agrees that if it fails or reh to comply with these undertakings, the administering agency may take any or all of the following actic Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain fi extending any further assistance to the applicant under the program with respect to which the failure or ref occurred until satisfactory assurance of future compliance has been received from such applicant; and refer case to the Department of Justice for appropriate legal proceedings. EEO Page 14 ., Minority 11 Women Employment Goals EEO Page 15 Federal Goals State Employment Goals (effeaive 9- 27 -93) County Minority Goals Women Goals Minority Skilled Minority Unskilled Women Goals Aitkin 2.2% 6.9% 3.9% 3.9% 9.4% Anoka 2.9% 6.9% 6.7% 7.3% 9.4% Becker 0.7% 6.9% 2.5% 2.5% 9.4% Beltrami 2.0% 6.9% 10.2% 10.2%. 9.4% Benton 0.5% 6.9% 1.4% 1.4% 9.4% Big Stone 2.2% 6.9% 2.2% 2.2% 9.4% Blue Earth 2.2 % 6.9% 2.2% 2.2% 9.4% Brown 2.2% 6.9% 2.2% 2.2% 9.4% Carlton 1.2% 6.9% 3.9% 3.9% 9.4% Carver 29% 6.9% 6.7% 7.3% 9. 4% Cass 2.2% 6.9% 2.6% 2.6% 9.4% Chippewa 2.2% 6.9% 2.2% 2.2% 9.4% Chisago 2.9% 6.9% 2.9% 2.9% 9.4% Clay 0.7% 6.9% 2.5% 2.5% 9.4% Clearwater 2.0% 6.9% 10.2% 10.2% 9.4% Cook 1.2% 6.9% 3.9% 3.9% 9.4% Cottonwood 0.8% 6.9% 1.8% 1.8% 9.4% Crow Wing 2.2% 6.9% 2.6% 2.6% 9.4% Dakota 2.9% 6.9% 6.7% 7.3% 9.4% Dodge 0.9% 6.9% 1.9% 1.9% 9.4% Douglas 2.2% 6.9% 2.5% 2.5% 9.4% Faribault 2.2% 6.9% 2.2% 2.2% 9.4% Fillmore 0.9% 6.9% 1.9% 1.9% 9.4% Freeborn 0.9% 6.9% 1.9% 1.9% 9.4% Goodhue 2.2% 6.9% 2.2% 2.2% 9.4% Grant 2.2% 6.9% 2.5% 2.5% 9.4% EEO Page 15 Revind 9/93 EEO Paze 16 Federal s State Employment Goals (e„8`ecrive 9- 27- -93) County Mmority Women Minority Minority Women Go als Go als Skilled ns e Hennepin 2.9% 6.9% 8 .6% bur 9.5 % but 9.4% in Mpir. in Mpis. 17.7% 19.8% Houston 0.6% 6.9% 1.9 % 1.9% 9.4% Hubbard 2.0% 6.9% 10.2% 10.2% 9.4% Isanti 2.2% 6.9% 2.2% 2.2% 9.4% Itasca 1.2% 6.9% 3.9% 3.9% 9.4% Jackson 0.8% 6.9% 1.8% 1.8% 9.4% Kanabec 2.2% 6.9% 2.2% 2.2% 9.4% Kandiyohi 2.2% 6.9% 2.2% 2.2% 9.4% Kittson 2.0% 6.9% 2.7% 2.7% 9.4% Koochiching 1.2% 6.9% 3.9% 3.9% 9.4% Lac Qui Parle 2.2% 6.9% 2.2% 2.2% 9.4% Lake 1.2% 6.9% 3.9% 3.9% 9.4% Lake of the Woods 2.0% 6.9% 10.2% 10.2% 9.4% Le Sueur 2.2% 6.9% 2.2% 2.2% 9.4% Lincoln 0.8% 6.9% 1.8% 1.8% 9.4% Lyon 0.8% 6.9% 1.8% 1.8% 9.4% Mahnomen 2.0% 6.9% 10.2% 10.2% 9.4% Marshall 2.0% 6.9% 2.7% 2.7% 9.4% Martin 2.2% 6.9% 2.2% 2.2% 9.4% McLeod 2.2% 6.9% 2.2% 2.2% 9.4% Meeker 2.2% 6.9% 2.2% 2.2% 9.4% Mille Lacs 2.2% 6.9% 2.2 % 2.2% 9.4% Morrison 2.2% 6.9% 2.6% 2.6% 9.4% Mower 0.9% 6.9% 1.9% 1.9% 9.4% Murray 0.8% 6.9% 1.8% 1.8% 9.4% Nicollet 2.2% 6.9 % 2.2 % 2.2% 1 9.4% EEO Paze 16 Transportation . • Conft2d Maugement Office FRn Donn 17 Federal Employment Goals (e 9- 27 -93) County Minority Goals Women Goals Minority Skilled Minority Unskilled Women Goals Nobles 0.8% 6.9% 1.8% 1.8% 9.4% Norman 2.0% 6.9% 2.7% 2.7% 9.4% Olmsted 1.4% 6.9% 1.9% 1.9% 9.4% Otter Tail 2.2% 6.9% 2.5% 2.5% 9.4% Pennington 2.0% 6.9% 2.7% 2.7% 9.4% Pine 2.2% 6.9% 2.2% 2.2% 9.4% Pipestone 0.8% 6.9% 1.8% 1.8% 9.4% Polk 1.2% 6.9% 2.7% 2.7% 9.4% Pope 2.2% 6.9% 2.5% 2.5% 9.4% Ramsey 2.9% 6.9% 8.1 % but in St Paul: 14.3 % 9.0% but in St Pauk- 15.4% 9.4% Red Lake 2.0% 69% 2.7% 2.7% 9.4% Redwood 0.8% 6.9% 1.8% 1.8% 9.4 Renville 2.2% 6.9% 2.2% 2.2% 9.4% Rice 2.2% 6.9% 2.2% 2.2% 9.4% Rock 0.8% 6.9% 1.8% 1.8% 9.4% Roseau 2.0% 6.9% 2.7% 2.7% 9.4% Scott 2.9% 6.9% 6.7% 7.3% 9.4% Sherburne 0.5% 6.9% 1.4% 1.4% 9.4% Sibley 2.2% 6.9% 2.2% 2.2% 9.4% St. Louis 1.0% 6.9% 3.9% 3.9% 9.4% Stearns 0.5% 6.9% 1.4% 1.4% 9.4% Steele 0.9% 6.9% 1.9% 1.9% 9.4% Stevens 2.2% 6.9% 2.5% 2.5% 9.4% Swift 2.2% 6.9% 2.2% 2.2% 9.4% Todd 2.2% 6.9% 2.6% 2.6% 9.4% Traverse 2.2 % 6.9% 2.5% 2.5% 9.4 % FRn Donn 17 specild Pmvisious Revised 9/93 Federal s State Employment Goals (effective 9- 27 -93) Count Minority Women Minority Minority women Goals Goals Skilled Unskilled Goals abasha 0.9% 6.9% 1.9% 1.9% ` 9.4% adena 2.2% 6.9% 2.6% 2.6% 9.4% Waseca 2.2% 6.9% 2.2% 2.2% 9.4% Washington 2.9% 6.9% 6.7% 7.3% 9.4% Watonwan 2.2% 6.9% 2.2% 2.2% 9.4% Willdn 0.7% 6.9% 2.5% 2.5% 9.4% Winona 0.6% 6.9% 1.9% 1.9% 9.4% Wright 2.9% 6.9% 2.9% 2.9% 9.4% Yellow Medicine 2.2% 6.9% 2.2% 2.2% 9.4% ,Minnesota Depatment of Transportation special pmVisions EEO Contract Management Office Revised 4194 Reporting e m 1. In order for the Minnesota Department of Transportation to monitor the Contractor's compliance with Executive Order 11246 and Minnesota Statute 363.073, all prime contractors and subcontractors are required to complete a Mn/DOT Monthly Employment Compliance Report (Form EEO-13, sample copy at EEO Pages 23 -24. Instructions for completion are listed on the back of the form.) All prime contractors are also required to complete a Summary of Employment Activity (Form EEO - 12, sample copy at EEO Pages 21 -22). The prime contractor must collect a Monthly Employment Compliance Rep from each subcontractor who performed work during the month, and complete a Monthly Employment Compliance Report on its own work force each month it performs work on the project. The prime contractor must compile the monthly reports and enter totals for the entire project on Form EEO -12, Summary of Employment Activity Report. The prime contractor submits all of the EEO-13 forms and one EEO 12 form to the Mn/DOT Project Engineer, by the 15th of the subsequent month. Failure to submit the required reports in the allowable time frame will be cause for the imposition of contract sanctions. The prime contractor is also responsible for sending copies of these reports to the Minnesota Department of Human Rights - Contract Compliance, 500 Bremer Tower, St. Paul, MN 55101. It is the intent of Mn/DOT to implement monitoring measures on each project to ensure that each prime contractor and subcontractor is promoting the full realization of equal employment opportunities. Any project that is found to be in non - compliance with the established goals for that project may be scheduled for an in depth on -site contract compliance review. During the scheduled on -site review, the Contractor will be required to provide to Mn/DOT documentation of its "good faith efforts" as shown in EEO Pages 8 -10, number 7, a -p of this contract. 2. The Economic Disadvantaged Employee Incentive Report (Form EEO -14, sample copy at EEO Page 26) is used only with State projects (designated by State Project (S.P.) numbers) for claiming incentive reimbursement on projects which have exceeded their state goals for minority and women employment. A completed form should be mailed to Ernest L. Lloyd, Assistant Director, EEO Contract Management Office, Minnesota Department of Transportation, M.S. 170, 395 John Ireland Boulevard, St. Paul, Mn 55155, at the conclusion of the project. 3. If a Federally funded project requires On- the - Job - Training (OJT) participation, information is provided in the contract and can be located by refering to the Table of Contents for Division S. (OTT is also listed as a bid line item under Trainees.) When a contract requires OJT participation, the Prime Contractor shall submit a training plan to the Project Engineer at the preconstruction conference, and shall supply a copy to the Contract Compliance Specialist (CCS) assigned to the project. The training plan shall include the job classification titles of trainees, planned training activities and the approximate start date of trainees. special Revind 9/93 4. When a Contractor selects a trainee applicant for OJT, the Contractor completes an On The Jot Training Program -OJT Assignment Form (sample copy at EEO Page 27) and submits it to the CCS assigned to the project for approval. The CCS will notify the Contractor and the Project Engineer when the applicant is approved. 5. Hours of work performed by OJT employees shall be documented on a monthly basis on the Certification of On -The -Job Training Hours form, (Mn/DOT Fprm No. 21860, sample copy at EEC Page 28). The Contractor shall submit the original and one copy to the Project Engineer, and one copy to the CCS assigned to the project. Do not remove forms from this contract. Please duplicate forms from the copies in this contract, c t he Mn /DOT EEO Contract Management Office will urovide these forms uvon reouest Please call th EEO Contract Management Office, (612) 297 -1376. Minnesota Department of Transportation EEO Contract Management Office SUMMARY OF EMPLOYMENT ACTIVITY as of ---- 19 Prime Contractor: S. P. #: (month) County: 1. Totals Percentages Total dollar amount of contract: $ La. Percent of completion: 2.* Total number of workforce hours to date: Total Skilled Hours: Total Unskilled Hours: 3-* Total number of minority workforce hours to date: 3.a. Percent of total: Skilled: Percent of total skilled: Unskilled: Percent of total unskilled: 4. Total number of women workforce hours to date: 4.a. Percent of total: 5.** Economic Disadvantaged Employee incentive hours: Prepared by: Title: Date: Skilledl/unsldlled breakdown only required if any part of project is constructed in Anoka, Carver, Dakota, Hennepin, Ramsey, Scott or Washington counties. See EEO-14 Form ELL -12 Revised 9/93 4 0 Speow PWVWO= JW111111CRIM va ...... Ravind 9M EEO Con g Office AWL I 1 ■ 1 0 Please submit the missing reports directly to the EEO Contract Management Office. If you need assistance in attaining compliance with the reporting requirements by your subcontractors, conta the Mn/DOT Project Engineer, or the EEO Contract Management Office at (612) 297 -1376. EEO Page 22 p rn (n w iv Z -j m (-n -r: w N) — O z CD D cD CD I. C') C) U) CD CD CD Y ) 7 m 5F 3 m 1 0 - z CD cn z 0 0 0 CD 2 n 0 3 - a m 0 3 - 0 D 0 CD O Cl) cr -0 3 CD > 0 Z 0 0 a CD 0 0 0 -n CD 0 w Ch 0 CL 0) to 0 0 c cn 0 m 3 0 , -0 3 (D D 0 0 -j m (-n -r: w N) — O z CD D cD CD I. C') C) U) CD CD CD --1 0 CD a " (D CD C 0 3 Cr (D 0 ;q- ;J7 CD Cb CD 0 "0 CD !t-- ( y CD A CD C- m 0 cr 0 CD 3 R (D . CD CA 0 Ni R Iz 0) rs w z CD CD CL CL CD cn U) 0 C) 0 C) 0 0 z z M M M U) m 00 K 0 0 z 0 1 m 0 m mm 0 z > 0 C) 0 m "n m m Z > Z U) Z - n 0 'n m M 0 m Y ) 7 m 5F 3 m 1 0 - z cn z 0 0 0 CD 2 n 0 3 - a m 0 3 - 0 D 0 CD -n 0 0 Cl) cr -0 3 CD > 0 Z 0 0 a CD 0 0 -n --1 0 CD a " (D CD C 0 3 Cr (D 0 ;q- ;J7 CD Cb CD 0 "0 CD !t-- ( y CD A CD C- m 0 cr 0 CD 3 R (D . CD CA 0 Ni R Iz 0) rs w z CD CD CL CL CD cn U) 0 C) 0 C) 0 0 z z M M M U) m 00 K 0 0 z 0 1 m 0 m mm 0 z > 0 C) 0 m "n m m Z > Z U) Z - n 0 'n m M 0 m r -- - nn > > m 5F 3 m 1 0 - z 0 FD Cl) cr -0 3 > Z 0 0 a CD 0 0 -n 0 w 0 0) to 0 0 c cn m 3 0 , -0 D 0 0 0 0 C-) CD 0 c > 0 3 0 0 - n 3 CD C) 3. 0 D O 0 m 0 c m 3 m z m CD m > 0 0 > N 0 > r - A 0 z 0 c cn z 0 =3 0 Z M Z m z r = CL m 0 0 > C CD 0 (D CD n, (A M M o "n 0 =. at 0 t o , I m 0 z CD 0 M Ca 0 m r -- - nn —INSTRUCTIONS EY MONTHLY , i' • i ENT COMPLI 1 -5. Self- explanatory. 6, Percent of Comnleo is the estimated percentage of work completed including this reporting period- 7. Contract Goals are the percent of total project hours to be worked by minority and women employees. The goals are determined by the geographic location and source of funding for the project. Projects with State funding in excess of $50,000 must meet the State Permanent Employment Goals. Projects with Federal finding in excess of $10,000 must meet the Federal Employment Goals. (See chart on EEO Pages 15 -18.) Minority and women employee hours shall be distributed evenly throughout the length of the project and m every trade and craft which performs works on the project. i f6 Obtained is the percent of the total project hours worked by minority and women employees, up to and including this reporting period. Skilled and unskilled breakdown is required only for projects constructed in Anoka, Carver, Hennepin, Ramsey, Dakota and Washington counties. 8. Employment Data information will coincide with your certified payroll records. A woman's employment hours may be counted only once At the point of hire, the Contractor determines whether her hours will be assigned to the appropriate racial /ethnic category or to the Female category. Thereafter, her hours must be counted only in the selected category. All professional, supervisory and managerial hours actually worked on the project site must be included, whether or not they appear on the certified payroll. Clerical hours may be counted only if clerical staff has been assigned exclusively to this project. Usually this occurs when clerical staff is assigned to a field trailer. Clerical hours may not be prorated. If a project takes place within more than one county and the county goals vary, the higher goals apply to the entire project. 8.a. Total Employees is a count of all employees who worked in the reporting month. Women employes can be counted only once, either in the Female category or in the appropriate racial /ethnic category. 8.b. Total Employment Hours is a count of all hours worked in the reporting month. A woman's hours can be counted only once, either in the Female category or the appropriate racial /ethnic category. 8.c. Mn/DOT Trainees lists the hours of employment for each person in Mn/DOT's Trainee (On-the Job Training) program. 8.d. Economically Disadvantaged Employee Hours lists hours of work performed by employees identified at time of hire as eligible under the program guidelines listed on EEO Page 25. Names of Minorities and Women will enable the EEO Contract Management staff to readily identify these individuals on all projects. 10. Mn/DOT Trainee Names are the individuals on the Ma/DOT On The Job Training Program. 11. Prepared by the prime or subcontractor's designated EEO officer. 12. Reviewed by the Mn/DOT Field Staff. 13. Cleared by the Mn/DOT EEO Contract Management staff. If you have questions about filling out this form, contact the Contract Compliance Specialist assigned to this pro ject or the EEO Contract Management Office at (612) 297 -1376. EEO Page 24 �Znjex 910jH7 MINNESOTA DEPARTMENT OF TRANSPORTATION E O CONTRACT MANAGEMMqT For purposes of this provision, economically disadvantaged is defined as being a member of a household whose household income is less than the poverty level. The poverty income levels for all Minnesota counties are as follows: Family Size Ag=gate Income I SIR A ate Income 1 $6,810 6 $18,710 2 $9,190 7 $21,090 3 $11,570 8 $23,470 4 $13,950 9 $25,850 5 $16,330 10 $28,230 No employee who is utilized by the Contractor to comply with the minimum requirements for affirmative action hereunder shall qualify for the incentive payment. The Contractor will be required to certify that each economically disadvantaged employee for whom an incentive payment is sought meets the criteria set forth herein at the time of hire. Recruitment resources for economically disadvantaged employees (EDE) are listed below: 1. Council on Black Minnesotans 2233 University Avenue Suite 426 Wright Building St. Paul, MN 55114 Telephone No. 612-642-0811 Facsimile No. 612-643-3580 2. Council on Asian-Pacific Minnesotans 205 Aurora Avenue, Suite 100 St. Paul, MN 55103 Telephone No. 612-296-0538 Facsimile No. 612-297-8735 3. Minnesota Indian Affairs Council 127 University Avenue St. Paul, MN 55155 Telephone No. 612-296-3611 Facsimile No. 612-297-8837 4. Spanish Speaking Affairs Council 506 Rice Street St. Paul, MN 55103 Telephone No. 612-296-9587 Facsimile No. 612-297-12972 EEO Page 25 MINNESOTA DEPARTMENT OF TRANSPORTATION State Project No.: EEO CONTRACT MANAGMENT OFFICE " County or City: ECONOMIC DISADVANTAGED EMPLOYEE INCENTIVE REPORT Month: _ 19 — ❑ Prime Contractor ❑ Subcontra( Contractor: Address: 1 That 1 am the- authorized representative of _. - -- ( Name of individual, partnership or corporauon) and ;hat I have the authority to make this Affidavit for and On behalf of said Contractor; , I ` That the Economic Disadvantaged Employee (EDE) incentive hours listed were performed by qua I lified EDE's. j 3 That I have fully informed myself regarding the accuracy of the statements made in this Affidavit. _ -- — :oscn Signed: bed ar d sworn to before me this Contractor or Authorized Representative day of 19 - %1 commission expires: _ _ 19 - I Noiarw Public Contract Goals t,11NNESOTA GOALS MINORITY Skilled i -- - -oo Unskilled I oa WOMEN Prepared by: % OBTAINED Reviewed by - -- °. For Mn /DOT use or !.I Compliance (Date) Non- compliance L.I Process Payment (Apprc (Date) EEO Page 26 Total Hours of Names of Economic Disadvantaged Employees (EDE): Economic Disadvantaged Job Categories Employees 1 i 1 • ___ ______ Officials (Managers) ' 12 2. - Supervisors Foremen/Women 3 13. Clerical Equipment Operators 4 14. Mechanics Truck Drivers 5 15. Ironworkers 16 Carpenters 6. Cement Masons 7. 17, Electricians Pipefitters, Plumbers 8 18. Painters Laborers 9. 19 ' Total 10. 20. AFFIDAVIT . being Y first duly sworn, do depose and say: 1 That 1 am the- authorized representative of _. - -- ( Name of individual, partnership or corporauon) and ;hat I have the authority to make this Affidavit for and On behalf of said Contractor; , I ` That the Economic Disadvantaged Employee (EDE) incentive hours listed were performed by qua I lified EDE's. j 3 That I have fully informed myself regarding the accuracy of the statements made in this Affidavit. _ -- — :oscn Signed: bed ar d sworn to before me this Contractor or Authorized Representative day of 19 - %1 commission expires: _ _ 19 - I Noiarw Public Contract Goals t,11NNESOTA GOALS MINORITY Skilled i -- - -oo Unskilled I oa WOMEN Prepared by: % OBTAINED Reviewed by - -- °. For Mn /DOT use or !.I Compliance (Date) Non- compliance L.I Process Payment (Apprc (Date) EEO Page 26 EEO-2 MINNESOTA DEPARTMENT OF TRANSPORTATION 5-94 EQUAL EMPLOYMENT OPPORTUNITY (EEO) CONTRACT MANAGEMENT OFFICE IOTIFICATION OF AWARD OF COUNTY OR MUNICIPAL STATE-AID PROJECT S.A.P. 2. County/Municipality 3. Mn/DOT District State Aid Engineer Mn/DOT District Contract Number Project Location Type of project County /Municipal /Consulting Engineer Name: Title Business /Agency Name: Address: ?hone: -AX: 'rime Contractor 3usiness Name: kddress: 'hone , AX: 5. Dollar Value 9. Project Letting Date 10. Project End Date Project End Date 12. Expected period of peak project employment n as a project (in excess of $50, 000) is awarded, mail or FAX the completed form to Ernest L. Lloyd, Assistant Director, EEO cr Management Office, Minnesota Department of Transportation, M.S. 170, St. Paul, MN 55155, FAX (612)297-2158. Please send ition of preconstruction meetings to Mr. Lloyd by mail or FAX If you have questions about this form or the EEO program, contact 9yd at (612) 296 -6899. February 11, 1994 STATE FUNDED CONTRACT A -1 GOVERNING SPECIFICATIONS The Minnesota Department of Transportation Standard Specifications for Construction, 1988 Edition and the Supplemental Specifications to the 1988 edition dated January 2, 1991, shall apply on this Contract except as modified or altered in the following special provisions. A -2 LABOR PROVISIONS The Contractor shall have copies of these Labor Provisions an file at hisiher job headquarters, and shall post a notice, approved by the Engineer, in a conspicuous place at the site of the work, informing his/her employees that these provisions are available for their inspection. Copies of these provisions can be secured from the State without charge. A -2.1 Employment Classifications All employees on the project shall be classified as in one of the following four categories, according to the definitions given: (1) Executive or Administrative: Employees in this category shall be classified according to the definitions for Executive and Administrative employees as adopted by the Secretary of Labor, and in effect at the time of invitation for bids. (2) Skilled: Skilled labor shall include the operators of complex, heavy power equipment and skilled craftsmen at the journeyman grade. (3) Intermediate Grade: Intermediate grade labor shall include: (a) operators of power equipment except: complex, heavy power equipment, trucks of 1-1/2 tons or less (manufacturer's rated capacity), tractors of less than twenty horsepower (manufacturer's rated capacity) and passenger cars; and (b) persons doing any other labor that requires considerable training and experience. Page 1 February 11, 1994 (4) Unskilled: Unskilled labor shall include: (a) operators of trucks of 1 -112 tons or less (manufacturer's rated capacity), operators of tractors of less than twenty horsepower (manufacturer's rated capacity), and operators of passenger cars; and (b) helpers of journeyman craftsmen and all other labor that requires no special skill or experience or the exercise of discretion or judgement. A -2.2 Labor Information In the selection of labor, the Contractor may avail himself /herself of the services of the Minnesota State Employment Service. A -2.3 Minimum Wage Rates The minimum hourly rates of wages required to be paid to the various laborers and mechanics employed by the Contractor and the subcontractors in the construction work on the contract shall be an amount equal to the sum of the basic hourly wage rate plus applicable fringe benefits as certified by the Minnesota Department of Labor and Industry for State Funded Construction Projects for the appropriate contract area. These rates have been determined by the Minnesota Department of Labor and Industry pursuant to the provisions set forth in Minnesota Statutes, Section 177.44. If no wage schedule is contained in the Contract, it is the responsibility of the Contractor to obtain a copy from the Minnesota Department of Labor and Industry prior to bidding. From the time an hourly employee is required to report for duty at the site of the work until helshe is released or allowed to leave the site of the work, no deduction shall be made from his/her time for any delays of less than thirty consecutive minutes. In the event the Contractor or subcontractor employs apprentice workers under the occupational training program of the State of Minnesota, Department of Education, or under the Division of Voluntary Apprenticeship of the State of Minnesota, Department of Labor and Industry, or under the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, he /she may pay wages to such apprentice workers at hourly rates approved by the appropriate agency despite the hourly rates specified in the schedule of wage rates to be paid to any classification of labor. The ratio of apprentices to journeyman level employees on the job site must not be greater than the ratio permitted for the Contractor's entire work force under the registered program. A Contractor or subcontractor may discharge his /her minimum hourly rate obligation as defined above by (1) making cash payments to the employee plus payments to a bona fide employee's fringe benefit program, funded or unfunded, the sum of which is equal to the minimum hourly rate, or (2) making payments in cash to the employee in the amount equal to the minimum hourly rate. While the rates shown are the minimum hourly rates required for the life of this Contract, this is not a representation that labor can be obtained at these rates. It is the responsibility of bidders to inform Page 2 February 11, 1994 themselves as to local labor conditions and prospective changes or adjustments of wage rates. No increase in the Contract price shall be allowed or authorized due to payment or rates more than those listed . All cash payments due to mechanics and laborers employed or working upon the site of the work shall be paid unconditionally, not less often than once a week, and withput subsequent deductions or rebate on any account despite any contractual relationship that may be alleged to exist between the Contractor or subcontractor and such laborers and mechanics. The schedule shall be kept posted by the Contractor at the site of the work in a conspicuous place where it can be easily seen by the workers. The County /City of may withhold or cause to be withheld from the Contractor part of the amount due to the Contractor as may be considered necessary to ensure payment to laborers and mechanics employed by the Contractor or any subcontractor on the work the full amount of the minimum hourly rates required by the Contract. A -2 -4 Prevailing Hours of Labor The Prevailing Wages for State Funded Construction Contracts issued by the Minnesota Department of labor and Industry set forth the prevailing hours of labor as eight (8) hours per day and forty (40) hours per week. According to Minnesota Statutes Section 177.44, Subdivision 1, employees may not be allowed or required to work longer than the prevailing hours of labor unless the employee is paid for all hours more than the prevailing hours at a rate of at least 1 -112 times his/her hourly basic rate of pay. The laborer or mechanic must be paid at least the prevailing wage rate in the same or most similar trade or occupation in the area. A -3 Required Contract Provisions These Contract provisions shall apply to all work done on the Contract by the Contractor with hisiher own organization and with the assistance of employees under hisiher immediate superintendence and to all work done on the Contract by piecework, station work or by subcontract. The Contractor shall insert in each of hisiher written subcontracts or purchase orders all stipulations contained in these Required Contract Provisions and a clause requiring hisiher subcontractors to include these Required Contract Provisions in any lower tier subcontracts that they may enter, with a clause requiring the inclusion of these provisions in any further subcontracts that may in turn be made. The Required Contract Provisions shall in no instance be incorporated by reference. A breach of any of contained in these Required Contract Provisions may be grounds for temination of the Contract. A -3.1 Statwwts and Payrolls A. Payrolls and payroll records: Page 3 February 11, 1994 (1) Payrolls and basic records relating thereto will be maintained during the work and preserved for three years after that for all laborers, mechanics, apprentices, trainees, watchpersons and guards working at the site of the work. (2) The payroll records shall contain name, social security number and address of each such employee, his/her correct classification, rates of pay, daily and weekly number of hours worked, deductions made and actual wages paid. Whenever it is found that the wages of any laborer or mechanic include the amount of any costs anticipated in providing benefits under a plan or program, the Contractor shall maintain records that show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been expressed in writing to the laborers or mechanics affected and records that show the costs anticipated or the actual cost incurred in providing such benefits. (3) The payrolls shall contain the following information: (a) The employee's full name, address and social security number. The employee's full name and social security number need only appear on the first payroll on which his /her name appears. The employee's address need only be shown on the first submitted payroll on which the employee's name appears, unless a change of address requires a submittal to reflect the new address. (b) The employee's classification. (c) Entries showing the employee's basic hourly wage rate and, where applicable, the overtime hourly rate. The payroll should show separately the amounts of employee and employer contributions to fringe benefit funds and /or programs. Any fringe benefits paid to the employee in cash must be shown. There is no prescribed or mandatory form for showing the above information on payrolls. (d) The employee's daily and weekly hours worked in each classification including actual overtime hours worked (not adjusted). (e) The itemized deductions made; and (f) The net wages paid. (g) The Contractor shall submit weekly all payrolls to the County /City Engineer. The copy shall be accompanied by a statement signed by the employer or his /her agent showing that the wage rates contained therein are not less than those determined by the Department of Labor and Industry, and that the classification set forth for each laborer or mechanic conform with the work he /she performed, i.e., Form MnIDOT 21658. (4) The Contractor shall make the records required under the labor standards clauses of the Contract available for inspection by authorized representatives of the County /City of and the Department of Labor and Industry, and shall allow such representatives to interview employees during working hours on the job. (5) The wages of labor shall be paid in legal tender of the United States, except that this will be considered satisfied if payment is made by negotiable check, on a solvent bank, which may be cashed readily by the employee in the local community for the full amount, without discount or collection charges of any kind. Where checks are used for payment, the Contractor shall arrange for them to be cashed and shall give informa- tion regarding such arrangements. (6) No fee of any kind shall be asked or accepted by the Contractor or any of his /her agents from any person as a condition of employment on the project. Page 4 February 11, 1994 (7) No laborers shall be charged for any tools in doing their respective duties except avoidable loss or damage thereto. (8) Every employee on the work covered by this Contract shall be allowed to lodge, board and trade where and with whom he/she elects, and neither the Contractor nor his/her agents, nor his/her employees shall, directly or indirectly, require as a condition of employment that an employee shall lodge, board or trade at a particular place or with a particular person. (9) No charge shall be made for any transportation furnished by the Contractor, or his/her agents, to any person employed on the work. (10) No individual shall be employed as a laborer or mechanic on this Contract except on a wage basis, but this shall not be construed to prohibit the rental of teams, trucks or other equipment from an individual. Page 5 SUPPLEMENTAL CONDITIONS OF THE CONTRACT The award of the project shall be made to the lowest responsible bidder based on the lowest base bid amount. The Owner reserves the right to retain all bids for 45 days prior to awarding the Contract. The Owner reserves the right to delete one or more Parts of the Project either before or after contract award. No additional compensation shall be granted if any portion of the project is deleted. OUT_ -O STATE CONTRACTOR SURETY DEPOSIT When an out -of -state Contractor enters into a contract that exceed $100,000.00, the Contractor must file Form SD -E, Exemption from Surety Deposits for Out -of -State Contractors, with the Minnesota Department of Revenue. If the Contractor is exempt from the surety deposit requirements, he shall provide the Owner with a copy of the form showing the Revenue Department certification. If the Contractor is not exempt, the Owner will withhold an additional eight (8) percent of each payment made to the Contractor and forward those funds to the Minnesota Department of Revenue. Forms and information can be obtained by calling (612) 296 -6181 or(too free) 1 -800- 657 -3777. CERTIFICATE OF COMPLIANCE WITH MINNESOTA STATUTES 290.92 & 290.97 Upon completion of the project and prior to final payment, the Contractor and all subcontractors shall complete Minnesota Department of Revenue Form IC -134, revised September, 1989. This form, Withholding Affidavit for Contractors, must be stamped and dated by the Department of Revenue and forwarded to the Owner. Contractors can obtain copies of this form from the Owner or from the Minnesota Department of Revenue, Mail Station 4450, St. Paul, MN 55416 or by calling (612) 296 -6181. tate of MINNESOTA :ounty of HENNEPIN in August 30, 1994 before me, CHRIS STAMY (here insert name) Notary ublic, personally appeared LOIS M. THOMAS , personally known to me (or proved I me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within strument and acknowledged to me all that he /she /they executed the same in his /her /their authorized capacity(ies), and iat by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, Kecuted the instrument. IITNESS my hand and official seal. ej ignature CHRIS STAMY NOTARY PUBLIC- MINNESOTA (Seal) �y HENNEPIN COUNTY MY COMMt35tpN EXPIRES JUN. 10, 1998 % UN -A9016 (7/91) ate of MINNESOTA )unty of HENNEPIN before me, (here insert name) Notary Iblic, personally appeared , personally known to me (or proved me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within 4rument and acknowledged to me all that he /she /they executed the same in his /her /their authorized capacity(ies), and at by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, ecuted the instrument. ITNESS my hand and official seal. inature (Seal) CAPACITY CLAIMED BY SIGNER SIGNER REPRESENTING INDIVIDUAL(S) PARTNER(S) GUARDIAN /CONSERVATOR NAME OF PERSON(S) OR ENTITY(IES) CORPORATE Q ATTORNEY IN FACT D OTHER OFFICER(S) TRUSTEE(S) SUBSCRIBING WITNESS A TTENTION NOTARY: Although the information requested below is OPTI ONAL, it could prevent fraudulent attachment of this certificate. HIS CERTIFICATE MUST E ATTACHED TO THE , OCUMENT DESCRIBED 'EREIN: Document Title or Type: Number of Pages: _ _ Document Date: Signer(s) other than named above; •� o t M- m = UN -A9016 (7/91) CAPACITY CLAIMED BY SIGNER SIGNER REPRESENTING INDIVIDUAL(S) CORPORATE OFFICER(S) ® Q 11 PARTNER(S) GUARDIAN /CONSERVATOR ATTORNEY IN FACT OTHER TRUSTEE(S) SUBSCRIBING WITNESS NAME OF PERSON(S) OR ENTITY(IES) AMWEST SURETY INSURANCE COMPANY ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate. THIS CERTIFICATE MUST 3E ATTACHED TO THE )OCUMENT DESCRIBED iEREIN: Document Title or Type: Number of Pages: Document Date: _ Signer(s) other than named above; % UN -A9016 (7/91) ate of MINNESOTA )unty of HENNEPIN before me, (here insert name) Notary Iblic, personally appeared , personally known to me (or proved me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within 4rument and acknowledged to me all that he /she /they executed the same in his /her /their authorized capacity(ies), and at by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, ecuted the instrument. ITNESS my hand and official seal. inature (Seal) CAPACITY CLAIMED BY SIGNER SIGNER REPRESENTING INDIVIDUAL(S) PARTNER(S) GUARDIAN /CONSERVATOR NAME OF PERSON(S) OR ENTITY(IES) CORPORATE Q ATTORNEY IN FACT D OTHER OFFICER(S) TRUSTEE(S) SUBSCRIBING WITNESS A TTENTION NOTARY: Although the information requested below is OPTI ONAL, it could prevent fraudulent attachment of this certificate. HIS CERTIFICATE MUST E ATTACHED TO THE , OCUMENT DESCRIBED 'EREIN: Document Title or Type: Number of Pages: _ _ Document Date: Signer(s) other than named above; •� o t M- m = UN -A9016 (7/91) NCT VALID FOR BONDS E ECUTEC ON OR AFTER 5-23-95 This document is printed on multi-colored security paper with black and red ink, with border in blue ink and bears the raised seal of Amwest Surety Insurance Company (the "Company"). Only unaltered originals of this Power of Attorney are valid. This Power of Attorney is valid solely in connection with the execution and delivery of the bond noted below and may not be used in conjunction with any other power of attorney. No representations or wan-anties regarding this Power of Attorney may be made by any person. This Power of Attorney is governed by the laws of the State of California. Any power of attorney used in connection with any bond issued by the Company must be on this form and no other form shall have force or effect. KNOW ALL MEN BY THESE PRESENTS, that Amwest Surety Insurance Company, a California corporation (the"Company"), does hereby make, constitute and appoint: LCIS M. THOMAS AS AIN E' OF AMWFST SURETY INSURANCE CCPPANY State ufMINNESOTA County o(HENNEP|N On August 30 1994 before me, CHRIS STAMY Public, personally � p� **vuppeueu L proved to ///v on the uus'u of xuvu/ucou,y evidence) no be the person(s) whose name(a) is/are ouUnonbeU to the within instrument and acknowledged k/noa all that he/ he/theyoxeouiadthe same in his/henlhoir authorized napaoity(ieo), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official Signatu /A UN-A9016 (7/91) State ofMINNESOTA CHRIS STAMY NOTARY PUBLIC-MINNESOTA (Seal) HENNEPIN COUNTY F� EXPIRES JUN. to, 1998 (here insert name) Notary County of HENNEPIN On before me, (here insert name) Notary Public, personally appeared , personally known 0o me (or proved to me on the base of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to noe all that he/she/they executed the same in his/hex4hei/au1hohzad oapauity(ioa)' and that by hio/her/thoirsignu1ure(n) on the instrument the persoo(a), o/ the entity upon behalf ofwhich the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) CAPACITY CLAIMED BY SIGNER SIGNER REPRESENTING INDIVIDUAL(S) CORPORATE OFFICER(S) n PARTNER(S) n GUARDIAN/CONSERVATOR ATTORNEY IN FACT OTHER TRUSTEE(S) SUBSCRIBING WITNESS NAME OF PERSON(S) OR ENTITY(IES) AMWEST SURETY INSURANCE COMPANY ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED HEREIN: Document Title or Type:____ Number of Pages: Document Date: Signer(s) other than named above; /A UN-A9016 (7/91) State ofMINNESOTA CHRIS STAMY NOTARY PUBLIC-MINNESOTA (Seal) HENNEPIN COUNTY F� EXPIRES JUN. to, 1998 (here insert name) Notary County of HENNEPIN On before me, (here insert name) Notary Public, personally appeared , personally known 0o me (or proved to me on the base of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to noe all that he/she/they executed the same in his/hex4hei/au1hohzad oapauity(ioa)' and that by hio/her/thoirsignu1ure(n) on the instrument the persoo(a), o/ the entity upon behalf ofwhich the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) J/4 UN-A9016 (7/91) CAPACITY CLAIMED BY SIGNER SIGNER REPRESENTING INDIVIDUAL(S) CORPORATE OFFICER(S) n PARTNER(S) GUARDIAN/CONSERVATOR ATTORNEY IN FACT TRUSTEE(S) SUBSCRIBING WITNESS NAME OF PERSON(S) OR ENTITY(IES) ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED HEREIN: Document Title or Number of Pages: Document Date: Signer(s) other than named above; J/4 UN-A9016 (7/91) KNOW ALL MEN BY THESE PRESENTS, that Amwest Surety Insurance Company, a California corporation (the "Company "), does hereby make, constitute and appoint: LCIS M. THOMAS AS AN EMPLOYEE OF AMWE ST SURETY INSURANCE COMPANY its true and lawful Attorney -in -Fact, with limited power and authority for and on behalf of the Company as surety to execute, deliver and affil the seal of the Company thereto if a seal is required on bonds, undertakings, recognizances or other written obligations in the nature thereof as follows: Bid Bonds up to $ * *1, ^00, 00.00 Contract (Performance & Payment), Court, Subdivision $* *1,000,000.0 License & Permit Bonds up to $* *1,000,00 0.00 Miscellaneous Bonds up to $* *1,000,000.00 Srcali Business Administration Guaranteed Bonds up to $* *1,250,000.0 and to bind the Company thereby. This appointment is made under and by authority of the By -Laws of the Company, which are now in full force and effect. CERTIFICATE I, the undersigned secretary of Amwest Surety Insurance Company, a California corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore. that the resolutions of the Board of Directors set forth on the reverse, and that the relevant provisions of the By -Laws of the Company, are now in full force and effect. id number 019005141 Signed and sealed this 30TH day of AUGUST 19 94 00 00355208 — 69 CORRICK & SONDFALL, P.A. STEVEN A. SONDRALL ATTORNEYS AT LAW LEGAL ASSISTANTS MICHAEL R. LAFLEUR MARTIN P. MALECHA Edinburgh Executive Office Plaza LAVONNE E. KESKE WILLIAM C. STRAIT 8525 Edinbrook Crossing SHARON D. DERBY Suite #203 Brooklyn Park, Minnesota 55443 TELEPHONE (612) 425-5671 FAX (612) 425-5867 September 7, 1994 Ms. Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 RE: City Project No. 469 Retaining Wall Improvements Dear Val: Very truly yours, Martin P. Malecha saw Enclosures SEP -01 -1994 16:09 FROM NESBIT AGENCY TO 4255867 P.01 IS SUE D MIDONY) ••.. rr ��aa �* CwS�. �� . IS ATE IM E�'�✓ l 08/30/94 �.: ChASB 3::: PRODUCEt THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND Ross Nesbit Agencies, Inc. CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE 250 Cabriolle Center DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 9531 Neat 78th Street POLICIES BELOW, Eden Prairie MN 55344 COMPANIES AFFORDING COVERAGE Jattes W. Nerdin _ ........................... .. 612 -941 -9418 COMPANY LETTER A Owners insurance Company . ............................... ... ....,............ COMPANY S Au to Own Insurance Co. ..'....... '. .... LETTER FN$URED COMPANY C LETTER Classic As Co. In .................... ............................... _..,,...... Classic Sealcoating, Inc. COMPANY D Claseie Seal, Coating, Inc. LETTER 5575 01ghw 169 N. COMPANY Plymouth MN 55428 LETTER E �dA `' .. ..... ..:. . .. .. :..... THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE 13EEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. O TYPE OF INSURANCE POLICY NUMBER . POLICY EFFECTIVE : POLICY EXPIRATION LIMITS :0 : DATE(MM/DD/YY) DATE (MM/DDNY) GENERAL LIA80.1TY GENERAL AGGREGATE A x COMMERGIAL GENERAL LIABILITY 08535693 06130/94 06/30/95 : PRODUCTS- COMP/OP AGO. '. a 1, 000, 000 ....... ....... .... CLAIMS MADE ! �[ .00CUR. PERSONAL & ADV. INJURY , ; 4110001 000 ;.:.. : .......... ................ ..... ... ... OWNER'S & CONTRACTOR'S PROT. ; ; EACH OCCURRENCE : 0 1, 000,000 :........ .... ....................._._ ....................... ....... ...... FIRS: DAMAGE (Any one fire) ; S 50,000 ........ _.. ".'.... "'... MEO. EXPENSE (Any one person) a 5 AUTOM09 LIABILITY COMBINED SINGLE e ANY AUTO 08535694 06/30/94 06/30/95 L'"A'T 750, 000 E ; R : ALL OWNED AUTOS :BODILY INJURY e .....,.... ; (Per parson) SCHEDULED AUTOS HIRED AUTOS : BODILY INJURY g ; 7C ; e i (Per ecdaentl B x NON -OWNED AUTOS ' GARAGE LIABILITY PROPERTY DAMAGE e 'EXCESS UAgtLKY EACH OCCURRENCE S 1,, 000'000 ,.., $; x UMBRELLA KORM PENDING 08/30/94 06/30/95 : AGGREGATE S1, 000,000 OTHER THAN UMBRELLA FORM STATUTORY UMTTS , ;e. $: WOMER•SCOMPENSATION ,08535695 06/30/94 06 /30/95 :........:............... ................'�:•.... BACH ACCIDENT $10 0, 000 AND DISEASE— POLICY LIMIT :1 500,000 EMPLOYMS' LIABILITY DISEASE —EACH EMPLOYEE S 1QO, 000 OTHER DESCRIPTION OP OPERATIONS /LOCATIONS/VEHICLES /SPECIAL ITEMS TOTAL P.01 COUNCIL Originating Department Approved for Agendaenda.SectiQn City Manager Consent- Kirk McDonald I 9 -26 -94 I Item No. By: Management Assistant By: 6.7 RESOLUTION APPROVING CHANGE ORDER NO. 2 FOR CITY -WIDE RETAINING WALL PROJECT (IMPROVEMENT PROJECT NO. 469) IN THE AMOUNT OF $2,278.00 City staff is requesting consideration of a minor Change Order to the City -Wide Retaining Wall Project (Improvement Project No. 469). The Change Order involves the repair of an existing sidewalk at 8431 Bass Lake Road. The City Engineer indicates that the property owner recently reconstructed their existing retaining wall at their expense. The existing sidewalk abutting the new retaining wall is in need of repair. The estimated cost of the work, assuming the work is added by Change Order to the City -Wide Retaining Wall Project, is $2,278.00. This would be Change Order No. 2 for the project, as Change Order No. 1 which was approved at the September 12th Council meeting involved storm sewer /retaining wall improvements at a low point in 36th Avenue near St. Joseph's in the amount of $38,475.00. The attached resolution approves Change Order No. 2 in the amount of $2,278.00. Staff recommends approval of the resolution. MOTION BY , = SECOND BY -( )1 Review: Administration: Finance: CITY OF NEW HOPE RESOLUTION NO. 94 -145 RESOLUTION APPROVING CHANGE ORDER NO. 2 FOR CITY -WIDE RETAINING WALL PROJECT (IMPROVEMENT PROJECT NO. 469) IN THE AMOUNT OF $2,278.00 WHEREAS, the New Hope City Council accepted a bid at the August 8th Council meeting from Classic Asphalt Co., Inc. for the City -Wide Retaining Wall Project (Improvement Project No. 469) in the amount of $173,169; and WHEREAS, at the September 12th Council meeting the City Council approved Change Order No. 1 in the amount of $38,475, increasing the contract amount from $173,169 to $211,644, for storm sewer and retaining wall improvements at a low point in 36th Avenue near St. Joseph's; and WHEREAS, it has been determined that additional modifications are necessary to repair an existing sidewalk at 8431 Bass Lake Road; and WHEREAS, the estimated cost for the sidewalk installation is $2,278.00. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of New Hope, hereby approves Change Order No. 2 for the City -Wide Retaining Wall Project (Improvement Project No. 469) in the amount of $2,278.00 for additional modifications and that the revised contract amount of $211,644 is hereby increased to $213,922 for the making of said improvements. Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 26th day of September, 1994. Mayor Attest: City Clerk September 21, 1994 City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Attn: Mr. Daniel Donahue Re: 1994 Retaining Wall Improvement Change Order No. 2 File No. 34153 Dear Dan: City staff and public works are requesting estimated cost is assuming the work is added Improvement. consideration for the following work. The by Change Order to the 1994 Retaining Wall Repair existing sidewalk (114' x 5') at 8431 Bass Lake Road. The property owner recently reconstructed their existing retaining wall at their expense. The existing sidewalk abutting the new retaining wall is in need of repair. (Cost - $2,278.00) The above costs are eligible for State Aid reimbursement. If you have any questions, please contact this office. Sincerely, BONESTROO, R SENE, ANDERUX & ASSOCIATES, INC. Mark A. Hanson MAH /hh 2335 West Highway 36 • St. Paul, MN 55113 • 612- 636 -4600 PCCe" .t aG.sene I - Ka .� _..:��co� PE lc" ,. �.r�j - i,r.„ 'E ,_oe^ z Pferte PE _. •z A '. -._ s:Gr E C PE acre— e�:;ek a a e• ^�C _�zxn PE .anek PE ~ 1pk a PE ., !e'lc r P Ar4e . Cr E Sf 4Ar L S�,sar M __e �P� �,1. "n�ei Q.4C"'.drn ?E Mark Q 2c,fs PE �.. - - }rrOr K re',5 PE Murk A Sell. PE Pair .0 ."';e' r E T n'a c, 4 SOr. A' 4 Gary .k Me, e^ °E jC'n P G'rCe'I PE Paei Garman A•A C ^apesA E. ,e, .., ^'a< A S.fk0. PE DdniP< J CC_,1e ROr PE _ec V Pa'f,e wS P P7e' C : rterCCry Pc A P":' Sc— - t PE , -an M .tn sm,_ 'Aarr�_ PE "C Ca-'we - PE : ar,e< E. - xrarcr Attn: Mr. Daniel Donahue Re: 1994 Retaining Wall Improvement Change Order No. 2 File No. 34153 Dear Dan: City staff and public works are requesting estimated cost is assuming the work is added Improvement. consideration for the following work. The by Change Order to the 1994 Retaining Wall Repair existing sidewalk (114' x 5') at 8431 Bass Lake Road. The property owner recently reconstructed their existing retaining wall at their expense. The existing sidewalk abutting the new retaining wall is in need of repair. (Cost - $2,278.00) The above costs are eligible for State Aid reimbursement. If you have any questions, please contact this office. Sincerely, BONESTROO, R SENE, ANDERUX & ASSOCIATES, INC. Mark A. Hanson MAH /hh 2335 West Highway 36 • St. Paul, MN 55113 • 612- 636 -4600 MZ9 25 50 scale hn foot Zt C ('In I PA Construct Pedestrain I ,urb Romp !emove & R ce epla ep'a 114'x2' Bit. Strip ip /-Remove & Replace / 114'x5' Conc. Walk — — — --- - - - - -- € rA tl 8431 Bass Lake Road Ui Z) Z LLJ O NVI D 'Remove & Replace 26'x2' Bit. Stn & P -Remove Replace 15.5'x5' Conc. Walk .......... P, 4401 Xylon Avenue North Telephone: 612 - 531 -5100 City Hall Fax: #612 - 531 -5136 New Hope, Minnesota 55428 -4898 TDD tine: 612 -531 -5109 Police Fax. #612 - 531 -517 Public Works Fax. #612- 533 -7650 October 6, 1994 Classic Asphalt Co., Inc. 5515 Hwy. 169 N. Plymouth, MN 55442 SUBJECT: CHANGE ORDER NO. 2 - IMPROVEMENT PROJECT 469 Enclosed are two fully executed copies of the above - referenced Change Order for your records. Please forward one copy to your bonding company. The change order was approved on September 26, 1994, by the New Hope City Council. If you have any questions, please contact me. Sincerely, Valerie Leone City Clerk enc. cc: City Engineer Family Styled City For Family Living WILCOX & SHELDON, . LARRY S. SEVERSON A PROFESSIONAL ASSOCIATION JAMES F. SHELDON ATTORNEYS AT LAW J. PATRICK WILCOX MICHAEL G. DOUGHERTY* 600 MIDWAY NATIONAL BANK BUILDING MICHAEL E. MOLENDA 7300 WEST 147TH STREET APPLE VALLEY, MINNESOTA 55124 -7538 February 27, 1995 (612) 432 -3136 TELEFAX NUMBER 432 -3780 Amwest Surety Insurance Company 6320 Canoga Avenue P.O.Box 4500 Woodland Hills, CA 91365 -4500 Classic Asphalt Co. Inc. 5575 Hwy. 169 Plymouth, MN 55442 City of New Hope Attn: Valerie Leon, City Clerk 4301 Xylon Avenue North New Hope, MN 55427 KENNETH R. HALL LOREN M.SOLFEST ANNETTE M. MARGARIT *BRADLEY SMITH SHARON K. HILLS ROBERT B. BAUER CHRISTOPHER A. GROVE Amwest Surety Insurance Company c/o Lois M. Thomas 600 South Hwy. 169, Suite 655 St. Louis Park, MN 55425 B& D Underground, Inc. 1351 County Road 83 Maple Plain, MN 55359 RE: Royal Concrete Pipe, Inc. Bond Claim Notice of Claim on Payment Bond for Public Work 1994 Retaining Wall Improvements (Project 649) Dear Sirs or Madams: Please be advised that Royal Concrete Pipe, Inc. has been paid for the work for which it served by Certified Mail a Notice of Claim of Payment Bond for Public Work upon you on January 30, 1995. Royal Concrete Pipe, Inc. wishes to withdraw its Notice of Claim on Payment Bond for Public Work relating to the LABOR AND MATERIAL PAYMENT BOND NUMBER 019005141. Thank you for your attention to this matter. Very truly yours, SEVERSON, WILCOX & SHELDON, P.A. AM Kenneth R. Hall cc: Royal Concrete Pipe, Inc. Steven Bahe, Controller INDIVIDUAL ATTORNEYS ALSO LICENSED IN IOWA OR WISCONSIN *CERTIFIED REAL PROPERTY LAW SPECIALIST, MSBA ' i i : 1i ` • LARRY S.SEVERSON JAMES F. SHELDON J. PATRICK WILCOX MICHAEL G. DOUGHERTY* MICHAEL E. MOLENDA A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW 600 MIDWAY NATIONAL BANK BUILDING 7300 WEST 147TH STREET APPLE VALLEY, MINNESOTA 55124 -7538 (612) 432 -3136 TELEFAX NUMBER 432 -3780 January 30, 1995 Amwest Surety Insurance Company 6320 Canoga Avenue P.O.Box 4500 Woodland Hills, CA 91365 -4500 Classic Asphalt Co, Inc. 5575 Hwy. 169 Plymouth, MN 55442 City of New Hope Attn: Valerie Leon, City Clerk 4301 Xylon Avenue North New Hope, MN 55427 KENNETH R. HALL LOREN M.SOLFEST ANNETTE M. MARGARIT *BRADLEY SMITH SHARON K. HILLS ROBERT B. BAUER CHRISTOPHER A. GROVE CERTIFUD MAIL RETURN RECEIPT REQUESTED Amwest Surety Insurance Company c/o Lois M. Thomas 600 South Hwy. 169, Suite 655 St. Louis Park, MN 55425 B& D Underground, Inc. 1351 County Road 83 Maple Plain, MN 55359 RE: Royal Concrete Pipe, Inc. Bond Claim Notice of Claim on Payment Bond for Public Work 1994 Retaining Wall Improvements (Project 64�) 1 / &q Dear Sirs or Madams: Enclosed and hereby served upon you by Certified Mail in accordance with Minnesota Statutes, §574.31, please find the Notice of Claim on Payment Bond for Public Work of Royal Concrete Pipe, Inc. relating to the Labor and Material Payment Bond Number 019005141 issued by Amwest Surety Insurance Company as Surety to the City of New Hope as Obligee on behalf of Classic Asphalt Co., Inc. as Principal. Very truly yours, SEVERSON, WILCOX & SHELDON, P.A. nneth R Hall KRH/kmr Enclosure INDIVIDUAL ATTORNEYS ALSO LICENSED IN IOWA OR WISCONSIN *CERTIFIED REAL PROPERTY LAW SPECIALIST, MSBA � �JI _ � e it ._' � i ' . ��r! sf � 1 a ► ;ter : qt /.:, TO: Amwcst Surety tasuraoce CmWwiy, 6324 Canoga Avenuo, P.O, Boot 4500, Wovdlaad Hills, California 91365.4500 and e% Lois M Thomas, 6W Seth ITighway 169, Suite 655, St. Louis Pak, NN 55425 and Classic Asphalt Co, Inc., S5 75 Highway 169, Plymouth, Ivlii umots 55442 NOTICE IS HERE13 Y 01VEN that the undersigned di mamt b&s a claim against thv above named sw'ety for labor and materials fivaished by the wxkrsipvd for the public work described aS follows: 1994 Retaining Wall Tmpromots (Project 644). The tabor And materials were furaishod wWa a cer wwt or agrecamt with H &D Underground, I 1351 County hood $3, Malmo Plain, Minnesota 55359. The nature of the labor and uutorisis i°umished is as follows: ommu pipo, bass slab:, catch basis, — apron and razscellaneatcs items. The amount of the claim it $7,241.37. The data the claimant last Sarni labor and materials to this public work is the Sth day of October, 1994. Cla4nattt 60du paymeiu of the claim according to tho law, STATE OF MINNESOTA) )SS. COUNTY OF CHISACO ) 30630 For at Boulevard Stacy, Mkftsota S5079 Stevo Bahe, being duly sworn on oath says dig he is Controller of dw claimant named above and has knawledgo of the claim aad that the claim is ca nxA, and no of the c1 has 'd, Si &ad sworn to bc$oce me h y gnod day Qf J `'u k f4 ,,1995, Y St x, t'x COUNCIL 1� e . , Wo Originating Department City Manager Kirk McDonald By: Management Assistant I By: 8 -28 -95 *g � 8^SVpn & Planning Item No. M1 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT IN CONNECTION WITH THE 1994 RETAINING WALL IMPROVEMENT PROJECT NO. 469 The City Engineer and Director of Finance have determined the final costs for the 1994 Retaining Wall Improvement Project and the final costs are compared to the estimates presented in the preliminary report in the attached correspondence. The final cost exceeds the amount estimated by 12.45 %. The preliminary report proposed to assess the abutting property owners 25% of the cost to reconstruct each wall based on the actual square footage of wall constructed. The retaining wall cost included only the construction per square foot and does not include sidewalk, restoration or indirect costs. The estimated cost per square foot in the preliminary report was $15.00 /sq. ft. and the final cost was $9.28/sq. ft. Attached is the final assessment roll which includes final assessments compared to the amounts estimated in the preliminary report for each parcel. In most cases the final assessment is less than the estimate. The revenue sources are outlined for the project, including the participation by Hennepin County. The City Engineer is recommending that the City Council accept the proposed assessment roll and schedule an assessment hearing. The City Attorney has prepared the enclosed Resolution Declaring Costs to be Assessed and Ordering Preparation of Proposed Assessment in Connection With the 1994 Retaining Wall Improvement Project No. 469. Staff recommends approval of the resolution. SECOND BY TO YJ Review: Administration: Approved for Agenda Finance: • � f1 CORRICK & SONDRALL, P.A. S' EVEN A. SONDRALL ATTORNEYS AT Law MICHAEL R. LAFLEUR MARTIN P. MALECHA Edinburgh Executive Office Plaza WILLIAM C. STRAIT 8525 Edinbrook Crossing Suite #203 Brooklyn Park, Minnesota 55443 TELEPHONE (612) 425-5671 FAX (612) 425-5867 C Kirk McDonald Management Asst. City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 LEQALA83WTAW SHARON D. DERBY M Val , I have attached Exhibit A Notice. You need to attach an which is the mailed notice that for assessment hearing purposes. contact me. SAS which is the Public Hearing Exhibit B to this Resolution you send out to the residents If you have any questions, RESOLUTION NO. 95- 125 RESOLUTION CALLING FOR PUBLIC HEARING ON ASSESSMENTS FOR 1994 RETAINING WALL IMPROVEMENT NO. 469 WHEREAS, the City Clerk, with the assistance of the City consulting engineer, has prepared an assessment roll for the 1994 Retaining Wall Improvement No. 469, and said proposed assessment roll is on file with the City Clerk and open to public inspection; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope, Minnesota, as follows: 1. The Clerk shall publish notice that this Council will meet to consider the proposed assessments on September 25, 1995 at 7:00 o'clock p.m. at the City Hall, 4401 Xylon Avenue North of said City of New Hope, Minnesota. The published notice shall be in substantially the form set forth on Exhibit A attached hereto. 2. A copy of the notice in substantially the form set forth in Exhibit B attached hereto shall be mailed to the owners of each parcel of property described in the assessment roll. 3. Said notice attached as Exhibit A hereto shall be published by the City Clerk in the official newspaper at least two weeks prior to the hearing and the notice attached hereto as Exhibit B shall be mailed by the Clerk to the owners of each parcel described in the assessment roll. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the Finance Director or Assessment Clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. At any time thereafter, the owner may pay to the Finance Director or Assessment Clerk 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 on or before November 14 or interest will be charged through December 31 of the succeeding year. 5. If the adopted assessment differs from the proposed assessment as to any particular lot, piece or parcel of land, the Clerk shall mail to the owner a notice stating the amount of the adopted assessment. Owners must also be notified by mail of any changes adopted by the Council in interest rates or prepayment requirements from those contained in the mailed notice of the proposed assessment. Adopted by the City Council this 28th day of August 1995. ,�Edw. Erickson �,Ma�yor Attoat: %Uel t1a, J� Valerie Leon�, City Clerk EXHIBIT A NOTICE OF HEARING ON ASSESSMENTS FOR 1994 RETAINING WALL IMPROVEMENT NO. 469 TO WHOM IT MAY CONCERN: TIME AND PLACE Notice is hereby given that the City Council GENERAL NATURE OF of the City of New Hope, Minnesota, will meet IMPROVEMENTS: in the City Hall at 4401 Xylon Avenue North in the City of New Hope, Minnesota, on the 25th day of September, 1995 at 7:00 o'clock p.m. to consider objections to the proposed assessments for the 1994 Retaining Wall Improvement No. 469 heretofore ordered by the City Council. The general nature of the improvement is the construction of, repair or removal of 28 retaining walls with a new modular block wall system including sidewalk restoration, tree removal and all other appurtenant works and services reasonably required therefor. ASSESSMENT ROLL The proposed assessment roll is on file with OPEN TO INSPECTION: the City Clerk and open to public inspection. AREA PROPOSED The area proposed to be assessed consists of TO BE ASSESSED: every lot, piece or parcel of land benefitted by said improvement, which has been ordered made and is as follows, in the City of New Hope, Minnesota: 6140 Utah 'Avenue 6132 Utah Avenue 7900 - 61st Avenue 7900 - 60ith Avenue 7901 - 60ith Avenue 6001 Winnetka Avenue 7900 - 59ith Avenue 7900 - 59th Avenue. 3 7615 Bass Lake Road 7605 Bass Lake Road 7609 Bass Lake Road 7643 Bass Lake Road 5546 Sumter Avenue 5212 Winnetka Avenue 4840 Decatur Avenue 4627 Winnetka Avenue 4625 Winnetka Avenue 7900 46th Avenue 4322 Winnetka Avenue 4320 Winnetka Avenue 4424 Nevada Avenue 4425 Nevada Avenue 8810 42nd Avenue 9009 42nd Avenue 9109 42nd Avenue 3601 Gettysburg Avenue 3600 Jordan Avenue Outlot A - New Hope Highlands TOTAL AMOUNT OF The total amount proposed to be assessed is PROPOSED $15,205.00. ASSESSMENT: WRITTEN OR ORAL Written or oral objections will be considered OBJECTIONS: at the hearing. RIGHT OF APPEAL: An owner of property to be assessed may appeal the assessment to the district court of Hennepin County pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. LIMITATION ON No appeal may be taken as to the amount of any APPEAL: assessment adopted by the City Council unless a written objection signed by the affected property owner is filed with the Clerk prior to the assessment hearing or presented to the 4 presiding officer at the hearing. e ear n8. All objections to the assessments not received at the assessment hearing in the manner prescribed by Minnesota Statutes, Section 429.061 are waived, unless the failure to object to the assessment hearing is due to a reasonable cause. DEFERMENT OF Under the provisions of Minnesota Statutes, ASSESSMENTS: Sections 435.193 to 435.195 the City may, at itu discretion, defer the payment of ueamaamenta for any homestead property owned by a person 65 years of age or older for whom it would be u hardship to make the payments. The procedure for applying for such a deferment is set forth in New Hope Code §1.60 et. al., a copy of which is available upon request at the office of the City Clerk. MAILED NOTICE: The notice of this hearing mailed to property owners contains additional information. DATED: August 25, 1395. BY ORDER OF THE CITY COUNCIL City Clerk 5 Bonest, oo, � ,,y,ene, Anderttk ar;J Assoc ate�, 'r>; , r, an Aff„m<,avc Action'Equ, -, Opour:,rnity Employer August 21, 1995 Mr. Daniel Donahue City of New Hope 4401 Xylon Ave. N. New Hope, MN 55428 Otto G. Bonestrao, PE. Robert UV Ro —ne, PE.' JosEph C s-iderW, FE. r,lar•. in L Sc rrala, PE. Peh�vl E. Turner, RE, Glenn R. Cook, PE TI zmas E N RE, Robert G q hunicht, RE Susan 'J. Eberlin, C PA_ Senior C nsultant Re: 1994 Retaining Wall Improvement Project No. 469 Our File No. 34153 Dear Dan: He card A. Sanford, PE. Keith A. Gordon- PE. Robert R. Pfefferle, RE. Rich„rrd 'X. Foster, PE. Di% id O. Loskcta, RE. Robert C. Rusk, A.I.A. Jerry r, C nuidon, PE. k6?rk .^,. Hanson, PE. K ichaei T. Rautnvnn, P.E. Ted K Feld, PE, Th R. Andcct of A ] ;. Don Id C. Surgardt, RE. Thoma Fi. S Ttr,, PE. Frederic _!. Stenborq, PE Ismael Martinez, FIE. arich<rel P Pan, PE. Thom a V,'. Peters -n, RE Istichz�cl C I,mch, RE. James R. Naland, F.E. Jerry D. Pertzsch, RE. Scott J Arnanek, PE. Kenneth P r",ndec;on, R.E. ' „ark F Ralf;, PE, Pn9ark A Sz,ip, PE. G ,r \t. Gtsrien, PE. P Sul J. Gannon, AA A. Daniel J_ Edgerton, PE. A, RiLk Schmidt, PE. Hidip J C s ✓ell, RE, bark D `.,' llic, RE. `.tile ; P_ Jensen, PE L, Phillip Gr.: =el, PE. K,iren L 'b'icmtrl, PE. G,i r D. Kristofitz, PE. Bri_hn K. Gage, RE. Keith R. Yzpr, �T, D ^u .:as J. Bin pit, PE. She am D. Gustafson, RE. Cealrc Oh,fer, P.E. P G. Heuer, RE. Jchn P Gord =r, IE. Gan D Co3rurn, F:E. Jeffre,F J. Eh!enn. ^_.er, PE. c R. f:'P;ein, PE. Lee 'A L, qnn, RE- _harles A. Erickson Leo 7 .l Pa,,,el y Harl rn Kr Olson k vines M. Ping James F Engelhardt Larry and I have determined final costs for the above referenced project which are listed below. The final costs are compared to the amount estimated in the preliminary report dated June 1994. Preliminary Final % Report Cost Deviation 1994 Retaining Wall $201,510 $226,610.93 +12.45% Change Orders: 1. 36th Avenue Storm Sewer NA 66,728.52 2. Bass Lake Road Sidewalk NA 3,006.32 Total $296,345.77 As noted, the final cost exceeds the amount estimated in the preliminary report by 12.45 %. The preliminary report proposed to assess the abutting property owners 25% of the cost to reconstruct each retaining wall based on the actual square footage of wall constructed. The retaining wall cost was to include only the construction cost per square foot, not including sidewalk, restoration, and indirect cost. Listed below is the estimated cost per square foot in the preliminary report and the average bid cost as bid by the contractor. Wall cost/sq. ft. Preliminary Final % Report Cost Deviation $15.00 /sq. ft. $9.28/sq. ft. -38.1 Attached is the final assessment roll which includes final assessments compared to the amounts estimated in the preliminary report for each parcel. Listed below is a breakdown of the revenue sources based on final costs and those estimated in the preliminary report. ffl Mr. Daniel Donahue August 21, 1995 City of New Hope Re: 1994 Retaining Wall Improvement Page -2- Revenue Source Preliminary Report Final Costs Project Not Including Change Order No. 1 Assessment $ 21,511 $ 15,205.00 MSA Funds 150,019 182,991.64 Hennepin County 21,840 9,400.00 City Cost 8,140 19,014.29 Total $201,510 $226,610.93 Change Order No. 1 MSA Funds NA $65,933.50 City Cost NA 3,801.34 Total $69,734.84 As noted, no portion of the Change Order cost is to be assessed; however, nearly all is eligible for MSA Funds. The portion not eligible for MSA Funds is indirect costs not eligible in accordance with their policy. Attached is a letter from Hennepin County documenting their participation ($9,400). Summarized below are final costs including Change Order No. 1: Final Costs Assessments $ 15,205.00 MSA Funds 248,925.14 Hennepin County 9,400.00 City Cost 22,815.63 Total $296,345.77 It's recommended the City Council accept the proposed assessment roll and schedule an assessment hearing for September 25, 1995. If you have any questions, please contact this office. Sincerely, BONESTR O, ROSENE, ANDERLIK & ASSOCIATES, INC. M A. H4non MAH:pr Enc. cc: Theodore J. Hoffman - Hennepin County Larry Watts / Kirk McDonald / Valerie Leone - City of New Hope Steve Sondrall - City Attorney APPENDIX B FINAL ASSESSMENT ROLL 1994 RETAINING WALL IMPROVEMENTS PROJECT NO. 469 Wall No. Address Owner Est. Retaining Wall (sq. ft.) Wall Cost ($9.28/s q. ft.) Prelim. Assess. (25% Wall Cost) Final Assessment (25% Cost) 1 6140 Utah Ave. Skorpak 645.8 $ 5,993 $ 1,818 $ 1,498 2 6132 Utah Ave. Nail 261.1 2,423 525 606 3 7900 - 61st Ave. Hubbard 419 3,888 1,575 972 4 7900 - 60 /2th Ave. White 268.3 2,489 1,313 622 5 7901 - 60 /zth Ave. Hudson 362.4 3,363 1,500 840 6 6001 Winnetka Ave. Mills 380.5 3,531 1,238 883 7 7900 - 59 /zth Ave. Myers 209.7 1,946 825 487 8 7900 - 59th Ave. Brandt 225.5 2,093 900 523 9 7615 Bass Lake Rd. (1) Alano Group 154.3 1,432 338 358 10 7605 Bass Lake Rd. (1) Hilgers 122.8 1,140 225 284 11 7609 Bass Lake Rd. (1) Huebner 151.7 1,408 338 352 12 7643 Bass Lake Rd. (1) Dolan 187.3 1,738 338 434 13 5546 Sumter Ave. (1) Peterson 328.4 3,047 712 762 14 5212 Winnetka Ave. (1) Vorasane 59.3 550 263 138 15 4840 Decature Ave. Forrest 112.8 1,046 300 262 16 4627 Winnetka Ave. (1) Pionk 0 0 562 0 17 4625 Winnetka Ave. (1) Klehr 249 2,311 2,175(2) 577 18 7900 - 46th Ave. (1) Johansen 267.1 2,479 975 620 19 4322 Winnetka Ave. (1) McClurg 272.6 2,530 1,013 632 20 4320 Winnetka Ave. (1) Amos 99.7 925 263 231 21 4424 Nevada Ave. Miesen 209.6 1,945 675 486 22 4425 Nevada Ave. Gustafson 242.5 2,250 638 563 23 8810 - 42nd Ave. (1) Houser 299.1 2,775 975 694 24 9009 - 42nd Ave. (1) Nabedrick 218.8 2,030 600 508 25 9109 - 42nd Ave. (1) Newton 120 1,114 450 278 26 Outlot A - New Hope Highlands St. Land Dept. 338.2 3,138 NA 786 27 3601 Gettysburg Ave. Kramer 275.3 2,555 788 639 28 3600 Jordon Ave. Baker 73.2 679 188 170 6,554 $60,820 $21,511 $15,205 All (1) Retaining walls on County roads. (2) Assessment assumes 25% for street (220 sq. ft.) and 100% along north side driveway (90 sq. ft.). A... ennepin n Mr. Mark A. Hanson Bonestroo, Rosene, Anderlik & Assoc. 2335 West Highway 36 St. Paul, MN 55113 199e.t.aining Walls K r.'f`Ji hope, )MN Cl No,, -469 Our File No. 153 In accordance with my 8/9/94 inspection with yourself and Brian Langseth, Hennepin County District Maintenance Supervisor, I have determined that the walls at 7609 Bass Lake Road and 7643 Bass Lake Road are in bad shape and in need of replacement. The remaining 12 walls are in various stages of disrepair and will be repaired on an as- needed basis. Based on $18 per square foot, the two replacement walls will cost $3,240, with the County's share to be $1,620. As we discussed, there is rationale for the County to participate in this project to a greater extent than the $1,620 but not to the extent suggested in your 7/12/94 letter. Assuming the City goes ahead with the entire project as proposed, the County will be willing to contribute $9,400 -to this project. Forwarded herewith is the plan cover sheet with the County Engineer's signature. No permit will be required although all traffic control and traffic control devices shall conform to the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD). If this proposal is acceptable, notify myself when work is to begin and send an invoice when work on County roads is completed. Fieodore J. rH6 an, P.E. Operations Engineer Department of Public Works TJH /saa 320 Washington Avenue South Hopkins, Minnesota 55343 -8468 (612)930 -2500 FAX:(612)930 -2513 Recycled Paper COUNCIL I. o 0 . • Originating Department City Manager Kirk McDonald By: Management Assistant IN Approved for Agenda •1 & Planning Item No. M RESOLUTION CALLING FOR PUBLIC HEARING ON ASSESSMENTS FOR 1994 RETAINING WALL IMPROVEMENT PROJECT NO. 469 After the Council has approved the resolution ordering the preparation of the assessment roll for the Retaining Wall Improvement Project, the next step would be to set the date for the assessment hearing on the project. The attached Resolution Calling for Public Hearing on Assessments for 1994 Retaining Wall Improvement Project No. 469 sets the date for the public hearing for September 25th at 7:00 p.m. The resolution also directs the City Clerk to mail notice of the public hearing along with the assessment roll to the owners of each parcel described in the assessment roll. Staff recommends approval of the resolution. MOTION BY L SECOND BY - - - TO: Review: Administration: Finance: nuv CO Q? J "Lu 1 `t . 1 4 CORPJCK & SONDRALL, P.A. gTUF""` SONDAALL AT roRNmy AT LAw MICHAEL R. L4UUi1 MAKM P UAWnA Edinburgh Executive Office Plaza WILUA rr 8525 Edi-nbrook Crossing Suite #tog Brooklyn Park, Minnesota. 5544$ TELEPHONE ($12) 425-WI FAX (612) 42S,%R August 23, 1995 Kirk McDonald Management Asst. City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 RE: 1994 Retaining Wall Improvement Project No. 469 Our File No: 99,11113 Dear Kirk: r uel uo Lr" A& Enclosed for consideration at the August 28, 1995 Council meeting are two Resolutions establishing a September 25 1995 Public hearing date to assess costs relating to the 1994 Retaining Wall Project as proposed in the City Engineer's August 21, 1995 letter. The title to the Resolutions are as follows.: 1. Resolution Declaring Costs to be Assessed and Ordering Preparation of Proposed Assessment in Connection With the 1994 Retaining Wall Improvement No. 469. 2. Resolution Calling for Public Hearing on Assessments for 1994 Detaining Wall Improvement No. 469. Please contact me if you have any Questions. Very truly yours, Steven A. Sondrall s1w Enclosures CC: Valerie Leone (w /enc) Daniel J. Donahuo ( w /enc Mark Hanson (wjenc) n -� 5 #*Zt- err v6r 1= �P 1 f `' (J -g 4 V6 Q- ol RESOLUTION NO. 95- 12 6 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT IN CONNECTION WITH THE 1994 RETAINING WALL IMPROVEMENT NO. 469 WHEREAS, contracts have been let for the construction of 1994 Retaining Wail Improvement No. 469 in the City, and WHEREAS, the total cost of said improvements is $296,345.77. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. The City Council hereby determines that the City shall pay $281,140.77 of said cost, exclusive of the amount it may pay as a property owner, and the sum of $15,205.00 shall be assessed against benefitted property owners based upon benefits received without regard to cash valuation. 2. The City Clerk, with the assistance of the City consulting engineer and any other necessary personnel, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land without regard to cash valuation as provided by law, and the Clerk shall file a copy of such proposed assessment in the Clerk's office for public inspection. 3. The City Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. Adopted by the City Council this 28th day of August, 1995. , 5 E rickson, Mayor Attest: Valerie Leone, City Clerk APPENDIX B FINAL ASSESSMENT ROLL 1994 RETAINING WALL IMPROVEMENTS PROJECT NO. 469 Wall No. Address Owner Est. Retaining Wall (sq. ft.) Wall Cost ($9.28/s o- ft.) Prelim. Assess. (25% Wall Cost) Final Assessment (25% Cost) 1 6140 Utah Ave. Skorpak 645.8 $ 5,993 $ 1,818 $ 1,498 2 6132 Utah Ave. Nail 261.1 2,423 525 606 3 7900 - 61st Ave. Hubbard 419 3,888 1,575 972 4 7900 - 60 /2th Ave. White 268.3 2,489 1,313 622 5 7901 - 60 /2th Ave. Hudson 362.4 3,363 1,500 840 6 6001 Winnetka Ave. Mills 380.5 3,531 1,238 883 7 7900 - 59 Ave. Myers 209.7 1,946 825 487 8 7900 - 59th Ave. Brandt 225.5 2,093 900 523 9 7615 Bass Lake Rd. (1) Alano Group 154.3 1,432 338 358 10 7605 Bass Lake Rd. (1) Hilgers 122.8 1,140 225 284 11 7609 Bass Lake Rd. (1) Huebner 151.7 1,408 338 352 12 7643 Bass Lake Rd. (1) Dolan 187.3 1,738 338 434 13 5546 Sumter Ave. (1) Peterson 328.4 3,047 712 762 14 5212 Winnetka Ave. (i) Vorasane 59.3 550 263 138 15 4840 Decature Ave. Forrest 112.8 1,046 300 262 16 4627 Winnetka Ave. (1) Pionk 0 0 562 0 17 4625 Winnetka Ave. (1) Klehr 249 2,311 2,175(2) 577 18 7900 - 46th Ave. (1) Johansen 267.1 2,479 975 620 19 4322 Winnetka Ave. (1) McClurg 272.6 2,530 1,013 632 20 4320 Winnetka Ave. (1) Amos 99.7 925 263 231 21 4424 Nevada Ave. Miesen 209.6 1,945 675 486 22 4425 Nevada Ave. Gustafson 242.5 2,250 638 563 23 8810 - 42nd Ave. (1) Houser 299.1 2,775 975 694 24 9009 - 42nd Ave. (1) Nabedrick 218.8 2,030 600 508 25 9109 - 42nd Ave. (1) Newton 120 1,114 450 278 26 Outlot A - New Hope Highlands St. Land Dept. 338.2 3,138 NA 786 27 3601 Gettysburg Ave. Kramer 275.3 2,555 788 639 28 3600 Jordon Ave. Baker 73.2 679 188 170 6,554 7 $60,820 $21,511 $15,205 (1) Retaining walls on County roads. (2) Assessment assumes 25% for street (220 sq. ft.) and 100% along north side driveway (90 sq. ft.). STEVEN A. SONDRALL ATTORNEYS AT LAW MICHAEL R. LAFLEUR MARTIN P. MALECHA Edinburgh Executive Office Plaza WILLIAM C. STRAIT 8525 Edinbrook Crossing Suite #203 Brooklyn Park, Minnesota 55443 TELEPHONE (612) 425-5671 FAX (612) 425-6867 I U The New Hope-Golden Valley Sun-Post 7831 East Bush Lake Road Bloomington, MN 55439 saw Enclosure 0011�y FOR T i i 1i J cc: Valerie Leone, City Clerk+�! Kirk McDonald, Management Asst. LEGAL ASSISTANT SHARON D. DERBY COUNCIL 0 • Originating Department City Manager Kirk McDonald By: Management Assistant Approved for Agenda 25 -95 Agenda Section Public Hearing Item No. 7.1 PUBLIC HEARING - RESOLUTION ADOPTING ASSESSMENT FOR IMPROVEMENT PROJECT NO. 469 (1994 RETAINING WALL IMPROVEMENTS) This is the public hearing on the assessments for the 1994 Retaining Wall Improvement Project (Improvement Project No. 469). At the August 28th Council meeting, the Council passed resolutions declaring costs to be assessed, ordering preparation of the proposed assessment roll and setting the date for this public hearing. The notice sent to property owners, along with the amount proposed to be assessed, is attached. If the assessment roll is adopted by the Council at this meeting, property owners could pay their assessment in full without interest, prior to October 25th (a 30 -day period). If property owners do not choose to prepay the assessment, it would be certified for collection with real estate taxes payable in 1996. The assessment would be spread in equal installments over five years at an eight percent interest rate. The final costs for the project are compared to the estimates presented in the preliminary report in the attached correspondence from the City Engineer. The final cost exceeds the amount estimated by 12.45 percent. The preliminary report proposed to assess the abutting property owners 25 percent of the cost to reconstruct each wall based on the actual square footage of wall constructed. The retaining wall cost included only the construction per square foot and does not include sidewalk, restoration or indirect costs. The estimated cost per square foot in the preliminary report was $15.00 /square foot and the final cost is $9.28 /square foot. In most cases the final assessment is less than the preliminary estimate. The revenue sources for the project are also outlined, including the participation by Hennepin County. The City Attorney has prepared the enclosed proposed Resolution Adopting Assessment for Improvement Project No. 469 (1994 Retaining Wall Improvements). Staff recommends adoption of the resolution after the public hearing is closed. FiX r e - 790617, Im Review: Administration: Finance: RESOLUTION N0. 95-151 RESOLUTION ADOPTING ASSESSMENT FOR IMPROVEMENT PROJECT NO. 469 (1994 Retaining Wall Improvements) WHEREAS, pursuant to notice duly given as required by law, the City Council has mot, heard and passed upon all objections to the proposed assessment for Improvement Project No. 409, and has amended such proposed assessment as it deems just; � , NOW THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein is hereby found to be benefitted by the proposed improvement. 2. Such assessments shall be as follows: a. The assessments shall be payable in equal annual installments extending over a period of five (G) years, the first of said installments to be payable with general taxes for the year 1898, collectible with such taxes during the year 1996. b' To the first installment shall be added interest at the rate of eight (8%) percent per annum on the entire principal amount of the assessment from the date of this resolution until December 31 of the year in which such installment is payable. To each subsequent installment, when due there shall be added interest for one year at said rata on the unpaid principal amount of the assessment. C. The owner of any property so assessed may at any time prior to the certification of the assessment or the first installment thereof to the County Auditor, pay the whole of the principal amount of the assessment on such property with interest accrued to the data of payment to the City Finance Director or Assessment Clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the date hereof; and such property owner may at any time prior to November 15 of any year pay to the County Auditor the entire principal amount of the assessment remaining due with interest accrued to December 31 of the year in which said payment is mode. 3. The City Clerk shall forthwith transmit a certified duplicate copy of this assessment to the County Auditor to be extended on the tax list of the County. Adopted by the City Council this 25th day of September, 1995. / Edw. J. Erickson, Mayor Attest: � Valerie Leone, City Clerk M , STEVEN A. SONDRALL ATTORNEYS AT LAW MICHAEL R. LAFLEUR MARTIN P. MALECHA Edinburgh Executive Office Plaza WILLIAM C. STRAIT 8525 Edinbrook Crossing Suite #203 Brooklyn Park, Minnesota 55443 TELEPHONE (612) 425-5671 FAX (612) 425-5867 Kirk McDonald Management Asst. City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 RE: Retaining Wall Assessment Project Our File No: 99.11113 fflm��. TZT"FTT SHARON D. DERBY Please find enclosed a proposed Resolution Adopting Assessment for Improvement Project No. 469 for consideration at the September 25, 1995 Council meeting. As you know, we have a public hearing scheduled for that meeting to consider special assessments on the project. The enclosed Resolution should be adopted after the public hearing is closed at that meeting. As indicated in the Resolution, the assessment term is five years and the rate is 8%. Please contact me if you have any questions. Very,t-ruly yours, Steven A. Sondrall s1w Enclosure cc: Daniel J. Donahue (w/enc) Larry Watts (w/enc) Valerie Leone (w/enc) September 11, 1995 Dear New Hope Property Owner: The construction of the Retaining Wall Improvement Project #469 has been completed. Thank you for your cooperation during the construction process. The final costs have been tabulated and the assessment against your property has been determined and is stated on the enclosed notice. Please read this notice carefully as it sets out your rights and remedies regarding the assessment. The City is holding a public hearing to consider objections to the proposed assessments on Monday, September 25th, at 7:00 a.m. in the Council Chambers at City Hall. If the assessment roll is adopted by the City Council on September 25th, the entire amount of your assessment may be paid in full without interest prior to October 25, 1995 (a 30 -day period). If you do not choose to prepay the assessment, it will then be certified for collection with your real estate taxes with taxes payable in 1996. If the assessment is put on your taxes it will be spread in equal annual installments over 5 years bearing interest at 8%. The first installment will include interest on the total assessment from October 1, 1995 through December 31, 1996, or 15 months' interest. We will advise you of the action resulting from the public hearing. Questions may be directed to the Special Assessment Clerk at (612) 531 -5132. Sincerely, Valerie Leone City Clerk Enclosure NOTICE OF HEARING ON ASSESSMENTS FOR RETAINING WALL IMPROVEMENT NO. 469 YOUR ASSESSMENT: 2— INTEREST RATE/TERM: 8% Over 5 Years TIME AND PLACE Notice is hereby given that the City Council of the City of New Hope, GENERAL NATURE OF Minnesota, will meet in the City Hall at 4401 Xylon Avenue North in the IMPROVEMENTS: City of New Hope, Minnesota, on Monday the 25th day of September, 1995, at 7:00 o'clock p.m. to consider objections to the proposed assessments for Retaining Wall Improvement No. 469. The general nature of the improvement was the construction, repair or removal of 28 retaining walls with a new modular block wall system including sidewalk restoration, tree removal and all other appurtenant works and services reasonably required to complete said construction. ASSESSMENT ROLL The proposed assessment roll is on file with the City Clerk and open to OPEN TO public inspection. INSPECTION: AREA PROPOSED TO The area proposed to be assessed consists of every lot, piece or parcel BE ASSESSED: of land benefitted by said improvement, which has been ordered made and is as follows, in the City of New Hope, Minnesota: Common Addresses of Wall Location 8810, 9009 & 9109 42nd Ave N 7900 46th Ave N 7900 59th Ave N 7900 59 1/2 Ave N 7900 & 7901 60 1/2 Ave N 7900 61 st Ave N 7605, 7609, 7615 & 7643 Bass Lake Rd 4840 Decatur Ave N 3601 Gettysburg Ave N 3600 Jordan Ave N 4424 & 4425 Nevada Ave N 5546 Sumter Ave N 6132 & 6140 Utah Ave N 4320, 4322, 4625, 4627, 5212, 6001 Winnetka Ave N Outlet A, New Hope Highlands TOTAL AMOUNT OF The total amount proposed to be assessed is $15,205.00. PROPOSED ASSESSMENT: WRITTEN OR ORAL Written or oral objections will be considered at the hearing. OBJECTIONS: RIGHT OF APPEAL: An owner of property to be assessed may appeal the assessment to the district court of Hennepin County pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. LIMITATION ON No appeal may be taken as to the amount of any assessment adopted APPEAL: by the City Council unless a written objection signed by the affected property owner is filed with the Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. All objections to the assessments not received at the assessment hearing in the manner prescribed by Minnesota Statutes, Section 429.061 are waived, unless the failure to object to the assessment hearing is due to a reasonable cause. DEFERMENT OF Under the provisions of Minnesota Statutes, Sections 435.193 to ASSESSMENTS: 435.195, the City may, at its discretion, defer the payment of assessments for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. The procedure for applying for such a deferment is set forth in New Hope Code 1.60 et. al., a copy of which is available upon request at the office of the City Clerk. SPECIFIC AMOUNT TO The amount to be specifically assessed against your particular lot, piece, BE ASSESSED: or parcel of land is stated on the first page of this notice. INTEREST RATE: If the assessment is not paid within 30 days from the adoption of the assessment roll, interest will accrue on the assessment at the rate of 8 %. Interest accrues from the date to be specified in the resolution levyino the assessment but not earlier than the date of such resolution. PREPAYMENT THIS You may prepay the entire assessment to the Finance Director or YEAR: Assessment Clerk of the City prior to November 30, 1995, when the assessment roll is certified to the County Auditor. PREPAYMENT In subsequent years, prepayments of the entire amount remaining due SUCCEEDING YEARS: may be made to the Finance Director or Assessment Clerk at any time prior to November 15 of any year, provided that the installment and interest in process of collection on the current tax list shall be paid to the County Treasurer and the remaining principal balance shall be paid the City Finance Director or Assessment Clerk. The prepayment shall include the remaining assessment with interest accrued to December 31 of the year in which the prepayment is made. Page 2 NO PARTIAL The City Council has not authorized the partial prepayment of PREPAYMENT: assessments prior to certification of the assessment or the first installment thereof to the County Auditor. Dated: September 11, 1995. BY ORDER OF THE CITY COUNCIL Valerie Leone, City Clerk Page 3 06-118-21 11 0092 06-118-21 11 0093 06-118-21 11 0099 MARCIA SKORPAK JOHN & JUDY NAIL GRACE HUBBARD 6140 UTAH AVE N 6132 UTAH AVE N 7900 61ST AVE N NEW HOPE MN 55428 NEW HOPE MN 55428 NEW HOPE MN 55428 1,498.00 606.00 972.00 06-118-21 11 0083 06-118-21 11 0078 06-118-21 11 0054 CLIFFORD WHITE JERRY & LINDA HUDSON MICHAEL MILLS 7900 60 1/2 AVE N 7901 60 1/2 AVE N 6001 WINNETKA AVE N NEW HOPE MN 55428 NEW HOPE MN 55428 NEW HOPE MN 55428 622.00 840.00 883.00 06- 118 -21 14 0036 06- 118 -21 14 0050 05-118-21 33 0028 J. MYERS KENT & J. BRANDT NEW HOPE ALAND GROUP INC J. KNEALING 7900 59TH AVE N 7615 BASS LAKE RD 7900 59 1/2 AVE N HOPE MN 55428 NEW HOPE MN 55428 NEW HOPE MN 55428 523.00 358.00 487.00 05- 118 -21 33 0088 05- 118 -21 33 0089 05- 118 -21 33 0023 M. HILGERS RONALD & SHARIE HUEBNER BEATRICE DOLAN 7605 BASS LAKE RD 7609 BASS LAKE RD 7643 BASS LAKE RD NEW HOPE MN 55428 NEW HOPE MN 55428 NEW HOPE MN 55428 284.00 352.00 434.00 05- 118 -21 33 0025 08-118-21 22 0104 07- 118 -21 31 0030 LUVERNE PETERSON BOON & SOUPHY VORASANE HENRY FORREST 5546 SUMTER AVE N SOMSANITH THIRAVONG 4840 DECATUR AVE N NEW HOPE MN 55428 5212 WINNETKA AVE N NEW HOPE MN 55428 762.00 NEW HOPE MN 55428 262.00 138.00 07- 118 -21 44 0020 07-118-21 44 0019 17- 118 -21 22 0018 SHERRY & MICHAEL KLEHR LOREN & T. JOHANSEN BRUCE MCCLURG 4625 WINNETKA AVE N 6819 PARKVIEW LA 4322 WINNETKA AVE N NEW HOPE MN 55428 EDEN PRAIRIE MN 55346 NEW HOPE MN 55428 577.00 620.00 632.00 17- 118 -21 22 0019 17- 118 -21 21 0024 17- 118 -21 21 0022 JOSEPH AMOS DALE & DIANE MIESEN PAMELA GUSTAFSON 4320 WINNETKA AVE N 4424 NEVADA AVE N 4425 NEVADA AVE N NEW HOPE MN 55428 NEW HOPE MN 55428 NEW HOPE MN 55428 231.00 486.00 563.00 18- 118 -21 21 0005 18- 118 -21 21 0011 18- 118 -21 21 0006 JOSEPH & NORA HOUSER JACK NABEDRICK LEE & MARY NEWTON 8810 42ND AVE N 9009 42ND AVE N 9109 42ND AVE N NEW HOPE MN 55427 NEW HOPE MN 55427 NEW HOPE MN 55427 694.00 508.00 278.00 18- 118 -21 23 0101 18- 118 -21 33 0051 18- 118 -21 33 0050 HENNEPIN FORFEITED LAND CHARLES KRAMER D. BAKER 786.00 3601 GETTYSBURG AVE N A. WIEST -BAKER NEW HOPE MN 55427 3600 JORDAN AVE N 639,00 NEW HOPE MN 55427 170.00 FINAL,ASSESSMENT ROLLS - RETAINING WALL IMP #469 06 -SEP -1995 (08:10 LEVY NO -------------------------------------------------------------------------------- PROPERTY ID ADDN # ASSESSMENT 013449 05 -118- 21-33 -0023 62224 $434.00 013449 05- 118 -21 -33 -0025 62224 $762.00 013449 05- 118 -21 -33 -0028 62224 $358.00 013449 05- 118 -21 -33 -0088 62316 $284.00 013449 05- 118 -21 -33 -0089 62316 $352.00 013449 06- 118 -21 -11 -0054 62284 $883.00 013449 06- 118 -21 -11 -0078 62296 $840.00 013449 06- 118 -21 -11 -0083 62296 $622.00 013449 06- 118 -21 -11 -0092 62381 $1,498.00 013449 06- 118 -21- 11-0093 62381 $606.00 013449 06- 118 -21 -11 -0099 62242 $972.00 013449 06- 118 -21 -14 -0036 62425 $487.00 013449 06- 118 -21 -14 -0050 62425 $523.00 013449 07- 118 -21 -31 -0030 62505 $262.00 013449 07- 118 -21 -44 -0019 62247 $620.00 013449 07- 118 -21 -44 -0020 62247 $577.00 013449 08- 118 -21 -22 -0104 62405 $138.00 013449 17- 118 -21 -21 -0022 62225 $563.00 013449 17- 118 -21 -21 -0024 62225 $486.00 013449 17- 118 -21 -22 -0018 62459 $632.00 013449 17- 118 -21 -22 -0019 62459 $231.00 013449 18- 118 -21 -21 -0005 62218 $694.00 013449 18- 118 -21 -21 -0006 62269 $278.00 013449 18- 118 -21 -21 -0011 62269 $508.00 013449 18- 118 -21 -23 -0101 00680 $786.00 013449 18- 118 -21 -33 -0050 62299 $170.00 013449 18- 118 -21 -33 -0051 62299 $639.00 < *> $15,205.00* Bonestroo, Rosene, Anderlik and Associates. Inc. is an Affirmative Action /Equal Opportunity Employer Engineers & Architects August 21, 1995 Mr. Daniel Donahue City of New Hope 4401 Xylon Ave. N. New Hope, MN 55428 Otto G. Bonestroo, PE. Robert W. Rosene, PE.' Joseph C. Anderlik, RE. Marvin L. Sorvala. PE. Richard E. Turner, PE. Glenn R. Cook, PE. Thomas E. Noyes. PE. Robert G. Schunrcht, PE. Susan M. Eberlln. CPA. ` Senior Consultant Re: 1994 Retaining Wall Improvement Project No. 469 Our File No. 34153 Dear Dan: Howard A. Sanford, PE. Keith A. Gordon., PE, Robert R. Pfefferle. PE. Richard W Foster. PE. David O. Loskota, P.E. Robert C. Russek. A.I.A. Jerry A. Bourdon, PE. Mark A. Hanson, PE. Michael T Rautmann. PE. Ted K. Field, PE. Thomas R. Anderson, A.I.A. Donald C. Burgardt, PE. Thomas A. Syfko, RE. Frederic J. Stenborg, PE. Ismael Martinez, RE. Michael P Rau, PE. Thomas W Peterson, PE. Michael C Lynch, PE. James R. Maland, PE. Jerry D. Pertzsch, PE. Scott J. Arganek. PE. Kenneth P Anderson, PE. Mark R. Rolfs, PE. Mark A. Sep, PE. Gary W. Morten. PE. Paul J. Gannon. A.I.A. Daniel J. Edgerton, PE, A. Rick Schmidt, PE. Philip J. Caswell, PE. Mark D. Wallis, PE. Miles B. Jensen, PE. L. Phillip Gravel, PE. Karen L. Wiemer, PE. Gary D. Knstofitz, PE. Bran K. Gage. PE. Keith R. Yapp, PE. Douglas J. Benoit. PE. Shawn D. Gustafson. PE. Cecilio Olivier, RE. Paul G. Heuer, PE. John P Corder. PE. Dan D. Boyum, PE. Jeffrey J. Ehlertnger, PE, Joseph R. Rhein, PE. Lee M. Mann, PE. Charles A. Erickson Leo M. Pawelsky Harlan M. Olson Agnes M. Ring James F Engelhardt Larry and I have determined final costs for the above referenced project which are listed below. The final costs are compared to the amount estimated in the preliminary report dated June 1994. Preliminary Final Report Cost Deviation 1994 Retaining Wall $201,510 $226,610.93 +12.45% Change Orders: 1. 36th Avenue Storm Sewer NA 66,728.52 2. Bass Lake Road Sidewalk NA 3,006.32 Total $296,345.77 As noted, the final cost exceeds the amount estimated in the preliminary report by 12.45 %. The preliminary report proposed to assess the abutting property owners 25% of the cost to reconstruct each retaining wall based on the actual square footage of wall constructed. The retaining wall cost was to include only the construction cost per square foot, not including sidewalk, restoration, and indirect cost. Listed below is the estimated cost per square foot in the preliminary report and the average bid cost as bid by the contractor. Preliminary Final % Report Cost Deviation Wall cost/sq. ft. $15.00 /sq. ft. $9.28/sq. ft. -38.1% Attached is the final assessment roll which includes final assessments compared to the amounts estimated in the preliminary report for each parcel. Listed below is a breakdown of the revenue sources based on final costs and those estimated in the preliminary report. 2335 West Highway 36 ■ St. Paul, MN 55113 ■ 612 - 636 -4600 Mr. Daniel Donahue City of New Hope Re: 1994 Retaining Wall Improvement Page -2- Revenue Source Preliminary Report Project Not Including Change Order No. 1 Assessment $ 21,511 MSA Funds 150,019 Hennepin County 21,840 City Cost 8.140 Total $201,510 Change Order No. 1 MSA Funds NA City Cost NA Total August 21, 1995 Final Costs $ 15,205.00 182,991.64 9,400.00 19,014.29 $226,610.93 $65,933.50 3,801.34 $69,734.84 As noted, no portion of the Change Order cost is to be assessed; however, nearly all is eligible for MSA Funds. The portion not eligible for MSA Funds is indirect costs not eligible in accordance with their policy. Attached is a letter from Hennepin County documenting their participation ($9,400). Summarized below are final costs including Change Order No. 1: Final Costs Assessments $ 15,205.00 MSA Funds 248,925.14 Hennepin County 9,400.00 City Cost 22.815.63 Total $296,345.77 It's recommended the City Council accept the proposed assessment roll and schedule an assessment hearing for September 25, 1995. If you have any questions, please contact this office. Sincerely, BONESTR O, ROSENE, ANDERLIK & ASSOCIATES, INC. M A. Han on MAH:pr Enc. cc: Theodore J. Hoffman - Hennepin County Larry Watts / Kirk McDonald / Valerie Leone - City of New Hope Steve Sondrall - City Attorney APPENDIX B FINAL ASSESSMENT ROLL 1994 RETAINING WALL IMPROVEMENTS PROJECT NO. 469 Wall No. Address Owner Est. Retaining Wall (sq. .) Wall Cost ($9.28/s . ft.) Prelim. Assess. (25% Wall Cost) Final Assessment (25% Cost) 1 6140 Utah Ave. Skorpak 645.8 $ 5,993 $ 1,818 $ 1,498 2 6132 Utah Ave. Nail 261.1 2,423 525 606 3 7900 - 61st Ave. Hubbard 419 3,888 1,575 972 4 7900 - 60'hth Ave. White 268 2,489 1,313 622 5 7901 - 60r /zth Ave. Hudson 362.4 3,363 1,500 840 6 6001 Winnetka Ave. Mills 380.5 3,531 1,238 883 7 7900 - 59 Ave. Myers 209.7 1,946 825 487 8 7900 - 59th Ave. Brandt 225.5 2,093 900 523 9 7615 Bass Lake Rd. (i) Alano Group 154.3 1,432 338 358 10 7605 Bass Lake Rd. (i) Hilgers 122.8 1,140 225 284 11 7609 Bass Lake Rd. (1) Huebner 151.7 1,408 338 352 12 7643 Bass Lake Rd. (i) Dolan 187.3 1,738 338 434 13 5546 Sumter Ave. (i) Peterson 328.4 3,047 712 762 14 5212 Winnetka Ave. (1) Vorasane 59.3 550 263 138 15 4840 Decature Ave. Forrest 112.8 1,046 300 262 16 4627 Winnetka Ave. (1) Pionk 0 0 562 0 17 4625 Winnetka Ave. (1) Klehr 249 2,311 2,175(2) 577 18 7900 - 46th Ave. (1) Johansen 267.1 2,479 975 620 19 4322 Winnetka Ave. (1) McClurg 272.6 2,530 1,013 632 20 4320 Winnetka Ave. (1) Amos 99.7 925 263 231 21 4424 Nevada Ave. Miesen 209.6 1,945 675 486 22 4425 Nevada Ave. Gustafson 242.5 2,250 638 563 23 8810 - 42nd Ave. (i) Houser 299.1 2,775 975 694 24 9009 - 42nd Ave. (1) Nabedrick 218.8 2,030, 600 508 25 9109 - 42nd Ave. (1) Newton 120 1,114 450 278 26 Outlot A - New Hope Highlands St. Land Dept. 338.2 3,138 NA 786 27 3601 Gettysburg Ave. Kramer 275.3 2,555 788 639 28 3600 Jordon Ave. Baker 73.2 679 188 170 6,554 $60,820 $21,511 $15,205 Y (1) Retaining walls on County roads. (2) Assessment assumes 25% for street (220 sq. ft.) and 100% along north side driveway (90 sq. ft.). V Mr. Mark A. Hanson Bonestroo, Rosene, Anderlik & Assoc. 2335 West Highway 36 St. Paul, MN 55113 ennepin County An Fnual nnnnrrrnniry Fmnlnver 199 4—Retaining Walls N.cc'4''' Hope , )MN tlty No,-49 9� Our File No. 34153 . � f ( S3 August 9, 1994 In accordance with my 8/9/94 inspection with yourself and Brian Langseth, Hennepin County District Maintenance Supervisor, I have determined that the walls at 7609 Bass Lake Road and 7643 Bass Lake Road are in bad shape and in need of replacement. The remaining 12 walls -are in various stages of disrepair and will be repaired on an as- needed basis. Based on $18 per square foot, the two replacement walls will cost $3,240, with the County's share to be $1,620. As we discussed, there is rationale for the County to participate in this project to a greater extent than the $1,620 but not to the extent suggested in your 7/12/94 letter. Assuming the City goes ahead with the entire project as proposed, the County will be willing to contribute $9,400 -to this project. Forwarded herewith is the plan cover sheet with the County Engineer's signature. No permit will be required although all traffic control and traffic control devices shall conform to the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD). If this proposal is acceptable, notify myself when work is to begin and send an invoice when work on County roads is completed. eodore J. 11 f an, P.E. Operations Engineer Department of Public Works TJH /Saa Recycled Puper 320 Washington Avenue South Hopkins, Minnesota 55343.8468 (612)930 -2500 FAX: (612)930 -2513 Ua1 4401 Xylon Avenue North New Hope, Minnesota 55428 -4898 September 26, 1995 Dear New Hope Property Owner: City Hall: 612 -531 -5100 Police: 612 -531 -5170 Public Works: 612- 533 -4823 TDD: 612 -531 -5109 City Hall Fax: 612 - 531 -5136 Police Fax: 612- 531 -5174 Public Works Fax: 612 - 533 -7650 Fire Dep't. Fax: 612- 531 -5175 The City Council adopted the assessment roll for the Retaining Wall Improvement No. 469 at the September 25, 1995 council meeting. If you wish to prepay this assessment, you have a 30 -day period to prepay the entire ar fount of your assessment without interest We will accept prepayments through October 25th Please refer to your original assessment notice dated September 11, 1995, for the assessment amount. If you do not choose to prepay the assessment, it will then be certified for payment through your real estate taxes commencing with taxes payable in 1996. If the assessment is put on your taxes it will be spread in annual installments over 5 years bearing interest at 8 %. The first installment will include interest on the total assessment from October 1, 1995, through December 31, 1996, or 15 months` interest. Sincerely, Q Aa'ft-e 0�� Valerie Leone, MCMC City Clerk Family Styled City For Family Living Afl* 06- 118 -21 11 0092 06- 118 -21 11 0093 06- 118 -21 11 0099 MARCIA SKORPAK JOHN & JUDY NAIL GRACE HUBBARD 6140 UTAH AVE N 6132 UTAH AVE N 7900 61 ST AVE N NEW HOPE MN 55428 NEW HOPE MN 55428 NEW HOPE MN 55428 06- 118 -21 11 0083 06- 118 -21 11 0078 06- 118 -21 11 0054 CLIFFORD WHITE JERRY & LINDA HUDSON MICHAEL MILLS 7900 60 1/2 AVE N 7901 60 1/2 AVE N 6001 WINNETKA AVE N NEW HOPE MN 55428 NEW HOPE MN 55428 NEW HOPE MN 55428 06- 118 -21 140036 06- 118 -21 14 0050 05- 118 -21 33 0028 J. MYERS KENT & J. BRANDT NEW HOPE ALANO GROUP INC J. KNEALING 7900 59TH AVE N 7615 BASS LAKE RD 7900 59 1/2 AVE N HOPE MN 55428 NEW HOPE MN 55428 NEW HOPE MN 55428 05- 118 -21 33 0088 05- 118 -21 33 0089 05- 118 -21 33 0023 M. HILGERS RONALD & SHARIE HUEBNER BEATRICE DOLAN 7605 BASS LAKE RD 7609 BASS LAKE RD 7643 BASS LAKE RD NEW HOPE MN 55428 NEW HOPE MN 55428 NEW HOPE MN 55428 05- 118 -21 33 0025 08- 118 -21 22 0104 07- 118 -21 31 0030 LUVERNE PETERSON BOON & SOUPHY VORASANE HENRY FORREST 5546 SUMTER AVE N SOMSANITH THIRAVONG 4840 DECATUR AVE N NEW HOPE MN 55428 5212 WINNETKA AVE N NEW HOPE MN 55428 NEW HOPE MN 55428 07- 118 -21 44 0020 07- 118 -21 44 0019 17- 118 -21 22 0018 SHERRY & MICHAEL KLEHR LOREN & T. JOHANSEN BRUCE MCCLURG 4625 WINNETKA AVE N 6819 PARKVIEW LA 4322 WINNETKA AVE N NEW HOPE MN 55428 EDEN PRAIRIE MN 55346 NEW HOPE MN 55428 17- 118 -21 22 0019 17- 118 -21 21 0024 17- 118 -21 21 0022 JOSEPH AMOS DALE & DIANE MIESEN PAMELA GUSTAFSON 4320 WINNETKA AVE N 4424 NEVADA AVE N 4425 NEVADA AVE N NEW HOPE MN 55428 NEW HOPE MN 55428 NEW HOPE MN 55428 18- 118 -21 21 0005 18- 118 -21 21 0011 18- 118 -21 21 0006 JOSEPH & NORA HOUSER JACK NABEDRICK LEE & MARY NEWTON 8810 42ND AVE N 9009 42ND AVE N 9109 42ND AVE N NEW HOPE MN 55427 NEW HOPE MN 55427 NEW HOPE MN 55427 - 118 -21 2 101 18- 118 -21 33 0051 18- 118 -21 33 005 HE ORFEITED LAND CHARLES KRAMER D. BAKER 3601 GETTYSBURG AVE N A. WIEST -BAKER NEW HOPE MN 55427 3600 JORDAN AVE N NEW HOPE MN 55427 COL)NCIL Originating Department City Manager Kirk McDonald By: Management Assistant UPDATE ON CURRENT AND Approved for Agenda Devefendan ection & Planning 11 ' -12 -94 Item No. ` fl By: 8.7 IMPROVEMENTS FOR 36TH AVENUE NORTH City staff and the City Engineer request to present an update to the City Council on the status of current and proposed projects for 36th Avenue North. There are a number of issues impacting the following five improvements for 36th Avenue and staff is seeking Council input and direction on these projects: 1. 36th Avenue Railroad Bridge Reconstruction (Improvement Project No. 437) - Agreements with railroad and project construction schedule need to be reviewed. 2. 36th Avenue Street Improvements from Louisiana to Winnetka Avenues Improvement Project No. 486 - Cost participation from neighboring Cities of Crystal and Plymouth and Crystal's willingness to accept additional storm water needs to be discussed. 3. Traffic Signal at Boone & 36th Avenues - The City needs to determine if it wants to proceed with the installation of a traffic signal at this intersection. With the installation of a new signal at 63rd and Boone Avenues by Brooklyn Park, 36th Avenue is the only collector street south of I -694 which has an interchange with T.H. 169 that does not have a signal at Boone. Warrants for the signal were met in 1981 and another warrant study is currently underway. 4. Storm Sewer/Retaining Wall Improvements at Low Point in 36th Avenue Near St. Joseph's - Improvements are warranted in this area and the City Council may want to consider adding this work as a change order to the Retaining Wall Improvement Project currently underway. 5. Street Improvements from Jordan to Winnetka Avenues - The City Engineer and staff desire to discuss the long -range plans for 36th Avenue improvements The City Manager and City Engineer will be making a presentation on these projects /issues on Monday night. Please refer to the attached correspondence from the City Engineer for further details. • 19 0 F Review: Administration: Finance: JA Bonestroo 8onestroo, Rosene. Anderlik and Associ =tes, Inc. is an AfArmative Action'Equal Opportunity Employer Otto G. Bonestroo, PE. Howard A. Sanford, P.E. Michael P Rau, P.E. Mark D. Wallis, P.E. C Robert W. Rosene, RE* Keith A. Gordon, PE, Agnes M. Ring, A.LCP. Miles B. Jensen, P.E. J Joseph C Anderlik, P.E. Robert R. Pfefferle, P.E. Thomas W Peterson, PE. L. Phillip Gravel, P.E. p G.' Marvin L. Sorvala, P.E. Richard E. Turner, P.E. Richard W Foster, P.E. David O. Loskota, P.E. Michael C. Lynch, PE. James R. Maland, P.E. Karen L. Wiemeri, RE. Gary D. Kristofitz, P.E. p SS i Glenn R. Cook, P.E. Thomas E. Noyes, P.E. Robert C. Ru.ssek, A.I.A. Jerry A. Bourdon, PE. Jerry D. Pertzsch, P.E. Scott J. Arganek, P.E. Keith R. Yapp, PE. Douglas J. Benoit, P.E. Robert G. Schunicht, P.E. Mark A. Hanson, P.E. Kenneth P. Anderson, EE. Shawn D. Gustafson, PE. 9 • Eng ineers & Arehlt @CC$ Susan M. Eberlin, CPA. *Senior Consultant Michael T Rautmann, P.E. Ted K. Field, P.E. Mark R. Rolfs, PE. Mark A. Seip, P.E. Cecilia Olivier, P.E. Paul G. Heuer, PE. Thomas R. Anderson, A.I.A. Gary W. Morien, P.E. John P. GoiJer, P.E. Donald C. Burgardt, PE. Paul J. Gannon, A1.A. Charles A. Erickson September 8, 1994 Thomas A. Syfko, P.E. Frederic J. Stenborg, PE. Daniel J. Edgerton, P.E. A. Rick Schmidt, P.E. Leo M. Pawelsky Harlan M. Olson Ismael Martinez, P.E. Philip J. Caswell, P.E. James E Engelhardt Mr. Daniel Donahue City of New Hope 4401 Xylon Ave. N. New Hope, MN 55428 Re: 36th Avenue Project Nos. 437, 486, 469 Our File Nos. 3499, 34137, 34153, 34169 Dear Dan: This letter is to serve as an update for improvements in 36th Avenue - ,vhich are being considered and proposed. The improvements are separated into five parts, discussed as follows: R.R. Bridge Reconstruction - Project No. 437 The plan has been approved by the Cities of New Hope and Crystal and by MnDOT. Presently, the City attorney is attempting to finalize the agreements between the City of New Hope and the Soo Dine Railroad /Twin City Western. It's presently hoped the plan can be bid and awarded at New Hope's October 24 Council meeting. Street Improvement (Louisiana to Winnetka Avenue) - Project No. 486 The New Hope City Council has approved the project. Hennepin County has agreed to participate in the storm sewer improvements proposed in Winnetka Avenue. The Cities of Crystal and Plymouth have not responded or agreed to our proposed cost participation. It's suggested the City of New Hope encourage meetings between staffs and /or councils. The main issue will be Crystal's desire to accept storm water from the Northwood Park area at a higher rate and each City's willingness to accept the additional cost associated with these improvements. Traffic Signal (Boone Avenue & 36th Avenue) - Pro - iect No. 469 Brooklyn Park just completed installation of a traffic signal at 63rd Avenue and Boone Avenue. Therefore, 36th Avenue is the only collector street south of I -694 which has an interchange with T.H. 169 that does not have a traffic signal at Boone Avenue. Warrants for a traffic signal were met in 1981; Mr. Daniel Donahue City of New Hope Page -2- September S, 1994 however, the City elected not to install a traffic signal in 1981 and proceeded to upgrade the intersection to four lanes, maintaining a four -way stop with a flashing red light. A new warrant study is presently being done (September 7 & 8, 1994). It's expected warrants again will be met for a traffic signal. The City needs to decide if it wants to proceed with the installation of a traffic signal at Boone /36th Avenue. The estimated cost is $100,000 and would be eligible for State Aid Funds. Storm Sewer / Retaining Wall Improvements at Low Point in 36th Avenue Opposite St. Joseph's A recent inspection of the storm sewer south of 36th Avenue and the block retaining wall north of 36th Avenue indicated improvements are warranted in this area. The improvements include extending the 36" storm sewer 40' south and upgrading the catchbasins in 36th Avenue. In addition, it's recommended the block retaining wall be reconstructed as a modular block wall on the north side of 36th Avenue. Curb and sidewalk removal is required. The estimated cost, assuming the work is added by Change Order to the 1994 Retaining Wall project, is approximately $40,000. All costs are eligible for State Aid Funds, except a small portion of the storm sewer cost, which may not be eligible. Street Improvements (Jordan Avenue to Winnetka Avenue) If the improvements in the low point of 36th Avenue opposite St. Joseph's are made and the surface in the intersection of Boone Avenue is improved with the traffic signal installation, additional improvements in 36th Avenue are not warranted immediately. The existing surface is in fair condition. The main deficiency is the lack of curb height to control drainage. Traffic counts taken in the fall of 1993 along 36th Avenue are as follows: Average Daily Traffic (ADT) East of T.H. 169 13,169 West of Boone Avenue 9,920 East of Boone Avenue 10,787 West of Winnetka Avenue 11,009 Mr. Daniel Donahue City of New Hope Page -3- September S, 1994 In the past State Aid required four -lane (48' wide) roadways when traffic counts exceeded 8,000 ADT. Presently, 36th Avenue is a two -lane roadway with two parking lanes (44' wide). However, State Aid presently is not as forceful in requiring four -lane roadways when ADTs are between 8,000 and 12,000, as long as major intersections are properly designed to move traffic. The City of Crystal recently completed upgrading 36th Avenue between T.H. 100 and Louisiana Avenue as a four -lane roadway (48' wide, no parking). It's intended to maintain a four -lane roadway between Louisiana and Winnetka Avenue as part of Project No. 486, except at Winnetka Avenue where left turn lanes are also proposed. To widen 36th Avenue between Winnetka Avenue and Jordan Avenue to provide four lanes (existing 44' wide to proposed 48' wide) is not significant. However, no parking will be required if a four -lane roadway is constructed. Presently, it's not important to resolve the future roadway width in 36th Avenue, as long as the existing surface remains in reasonable condition. In summary, to discuss all the issues associated with each project in writing is extremely difficult. Therefore, it's suggested we meet to discuss each project further. If you have any questions, please contact this office. Fours very truly, BONESTROO, R O SENE, ANDERLIK & ASSOCIATES, INC. Mark A. Hanson MAH:pr 4401 Xylon Avenue North Telephone: 612 - 531 -5100 City Hall Fax. #612-531-5136 New Hope, Minnesota 55428 -4898 TDD Line: 612 - 531 -5109 Police Fax: #612 - 531 -517 -' Public Works Fax: #612- 533 -7650 September 23, 1994 Classic Asphalt Co., Inc. 5575 Hwy. 169 N. Plymouth, MN 55442 SUBJECT: CHANGE ORDER NO. 1 - IMPROVEMENT PROJECT 469 Enclosed are two fully executed copies of the above - referenced Change Order for your records. Please forward one copy to your bonding company. The change order was approved on September 12, 1994, by the New Hope City Council. If you have any questions, please contact me. Sincerely, Valerie Leone City Clerk enc. cc: City Engineer Family Styled City For Family Living COUNCIL + !� '1 A uo ty; Towoyl L I Originating Department I Approved for Agenda I Agenda Section City Manager Consent Kirk McDonald I 10 - 23 - 95 I Item No. By: Management Assistant By: 6.7 MOTION APPROVING FINAL PAY REQUEST TO CLASSIC ASPHALT CO., INC. FOR 1994 RETAINING WALL IMPROVEMENTS IN THE AMOUNT OF $1,500.00 (IMPROVEMENT PROJECT NO. 469) This is the final pay request from Classic Asphalt Co., Inc. for the 1994 Retaining Wall Improvements (Improvement Project No. 469). The final request is in the amount of $1,500.00, which represents the retainage. The final contract amount is $237,468.87 and is 11 percent over the bid amount including change orders. The increase is due to additional quantities over what was estimated for retaining wall and sodding. The City Engineer indicates that all work on this project has been satisfactorily completed and recommends approval of the final payment. The assessment hearing was conducted on September 25th and no one was present to object to or raise issues relative to construction. Staff recommends approval of a motion approving the final pay request to Classic Asphalt Co., Inc. in the amount of $1,500.00. SECOND BY TO: - t l fl Review: Administration: Finance: 11 Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action /Equal Opportunity Employer October 13, 1995 Daniel Donahue City of New Hope 4401 Xylon Ave. N. New Hope, MN 55428 Re: 1994 Retaining Wall Im rovements Project No. 649 - ' Our File No. 34153 Dear Dan, Otto G. Bonestroo, P.E. Robert W. Rosene, P.E.* Joseph C. Anderlik, P.E. Marvin L. Sorvala, P.E. Richard E. Turner, P.E. Glenn R. Cook, P,E. Thomas E. Noyes, P.E. Robert G. Schunicht, P.E. Susan M. Eberlin, C.P.A.* * Senior Consultant Howard A. Sanford, P.E. Keith A. Gordon., P.E. Robert R. Pfefferle, P.E. Richard W. Foster, P.E. David O. Loskota, P.E. Robert C. Russek, A.I.A. Jerry A. Bourdon, P.E. Mark A. Hanson, P.E. Michael T. Rautmann, P.E. Ted K. Field, P.E. Thomas R. Anderson, A.I.A. James R. Rosenmerkel, P.E, Donald C. Burgardt, P.E. Thomas A. Syfko, P.E. Frederic J. Stenborg, P.E. Ismael Martinez, P.E. Michael P. Rau, P.E. Thomas W. Peterson, P.E. Michael C. Lynch, P.E. James R. Maland, P.E. Jerry D. Pertzsch, P.E. Scott J. Arganek, P.E. Kenneth P. Anderson, P.E. Mark R. Rolfs, P.E. Mark A. Seip, P.E. Gary W. Morien, P.E. Paul J. Gannon, A.I.A. Daniel J. Edgerton, P.E. A. Rick Schmidt, P.E. Dale A. Grove, P.E. Philip J. Caswell, P.E. Mark D. Wallis, P.E. Miles B. Jensen, P.E. L. Phillip Gravel, P.E. Karen L. Wiemeri, P.E. Gary D. Kristofitz, P.E. Brian K. Gage, P.E. F. Todd Foster, P.E. Keith R. Yapp, P.E. Douglas J. Benoit, P.E. Shawn D. Gustafson, P.E. Cecilio Olivier, P.E. Kent J. Wagner, P.E. Paul G. Heuer, P.E. John P. Gorder, P,E. Dan D. Boyum, P.E. Jeffrey J. Ehleringer, P.E. Joseph R. Rhein, P.E. Lee M. Mann, P.E. Charles A. Erickson Leo M. Pawelsky Harlan M. Olson Agnes M. Ring James F. Engelhardt Attached is the final Pay Request for the above project. The final contract amount is $237,468.87, while the final payment due is $1,500.00, which represents the retainage. The assessment hearing was conducted on September 25, 1995, and no one was present to object or raise issues relative to construction. The final contract amount is 11.0% over the bid amount including Change Orders. The increase was due to additional quantities than estimated for retaining wall and sodding. All work has been satisfactorily completed and we recommend final payment. If you have any questions please contact this office. Yours very truly, BONESTROO, RO NE, ANDERLIK & ASSOCIATES, INC. t CL 6,,,.- --- Mark A. Hanson MAH: gs 2335 West Highway 36 ■ St. Paul, MN 55113 ■ 612- 636-4600 Eionestroo Rosen Anderlik& Asscidates Owner City of New Hope, 4401 Xylon Ave. N., New Hope, MN 55428 Date Oct. 11, 1995 For Period July 31, 1995 to October 11, 1995 Request No.9 & Final meersb Architects Contractor Classic Asphalt Co., Inc., 5575 Hwy 169 N., Plymouth, MN 55442 REQUEST FOR PAYMENT 1994 Retaining Wall Improvements Project No. 441- y ( File No. 34153 SUMMARY 1 Original Contract Amount 2 Change Order - Addition 3 Change Order - Deduction 4 Revised Contract Amount 5 Value Completed to Date 6 Material on Hand 7 Amount Earned 8 Less Retainage as stated 9 Sub -Total 10 Less Amount Paid Previously 11 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. Recommended for Approval by: BONESTROO, ROSENE, ERL)K & ASSOCIATES, INC. Approved by Contractor: CLASSIC ASPHALT Co., INC. $ 40,753.00 9 & Final Approved by Owner: CITY of NEW HOPE, MN $ 173,169.00 $ 2 $ 237,468.87 $ 0.00 $ 237,468.87 $ 0.00 $ 237,468.87 $ 235,968.87 $ 1,500.00 Specified Contract Completion Date: Date No. Item Part 1 - CSAH 10 (Bass Lake Road), 2104.501 Remove and salvage existing fence 2104.501 Remove concrete curb 2104.503 Remove concrete driveway 2104.503 Remove concrete walk 2104.503 Remove retaining wall 2104.505 Remove bituminous pavement 2105.521 Granular borrow (LV) 2105.525 Topsoil borrow (LV) 0411.603 Modular block retaining wall 2521.521 4" concrete walk 2531.501 Concrete curb & gutter, Design B618 2531.507 6" concrete driveway pavement 2575.505 Sodding, type lawn 0341.606 2" thick Type 41 bituminous walk Total Part 1 - CSAH 10(Bass Lk.Rd.) Part 2 - CSAH 156 (Winnetka Ave. N) 2101.502 Clearing (tree) 2101.507 Grubbing (tree) 2104.501 Remove concrete curb 2104.503 Remove concrete sidewalk 2104.503 Remove retaining wall 2105.521 Granular borrow (LV) 2105.525 Topsoil borrow (LV) 0411.603 Modular block retaining wall 2521.521 4" concrete walk 2531.501 Concrete curb & gutter, Detail B624 2575.505 Sodding, type lawn Total Part 2 - CSAH 156 (Winnetka Avenue North) Contract Unit Quantity Amount Unit Quantity Price To Date To Date LF 15 5.00 8 40.00 LF 16 3.00 30 90.00 SF 140 0.80 900 720.00 SF 2,900 0.50 2,980 1,490.00 SF 1,400 1.00 1,400 1,400.00 SY 130 1.50 170 255.00 CY 150 8.00 155.64 1,245.12 CF 1,325 0.50 860 430.00 SF 1,700 10.00 1,686.1 16,861.00 SF 2,900 2.50 3,795 9,487.50 LF 16 16.00 34 544.00 SY 16 30.00 100 3,000.00 SY 430 2.50 139.5 348.75 SF 1,170 1.00 1,530 1,530.00 $37,441.37 EA 1 80.00 1 80.00 EA 1 20.00 1 20.00 LF 35 3.00 51 153.00 SF 1,300 0.50 1,524.5 762.25 SF 1,400 1.00 1,400 1,400.00 CY 115 8.00 156.78 1,254.24 CF 1,080 0.50 778 389.00 SF 1,600 10.00 1,753.47 17,534.70 SF 1,300 2.50 1,524.5 3,811.25 LY 35 16.00 51 816.00 SY 300 2.50 433 1.087-50 527,302.94 34153.RFP RP -1 No. Item Contract Unit Quantity Amount Unit Quantity Price To Date To Date Part 3 - CSAH 9 (Rockford Road) 2104.501 Remove concrete curb LF 50 3.00 20 60.00 2104.503 Remove concrete sidewalk SF 500 0.50 625 312.50 2104.503 Remove retaining wall SF 1,250 1.00 1,250 1,250.00 2104.505 Remove bituminous pavement SY 15 5.00 17 85.00 2105.521 Granular borrow (LV) CY 90 8.00 100.75 806.00 2105.525 Topsoil borrow (LV) CF 700 0.50 507.5 253.75 0411.603 Modular block retaining wall SF 1,450 12.00 1,236.53 14,838.36 2521.521 4" concrete walk SF 500 2.60 625 1,625.00 2531.521 Concrete curb & gutter, Design B624 LF 50 16.00 20 320.00 2575.505 Sodding, type lawn SY 220 2.50 129 322.50 0341.606 2" thick Type 41 bituminous walk SF 135 2.00 163 3 6 nn Total Part 3 - CSAH 9 (Rockford Rd) $20,199.11 Part 4 - Winnetka Avenue North North of Bass Lake Road) 2101.502 Clearing (tree) EA 14 125.00 16 2,000.00 2101.507 Grubbing (tree) EA 14 25.00 16 400.00 2104.501 Remove concrete curb LF 15 3.00 39.5 118.50 2104.503 Remove concrete sidewalk SF 4,000 0.40 4,765 1,906.00 2104.503 Remove retaining wall SF 3,230 0.80 3,230 2,584.00 2104.505 Remove bituminous pavement SY 150 1.50 154.5 231.75 2105.521 Granular borrow (LV) CY 200 8.00 197.1 1,576.80 2105.525 Topsoil borrow (LV) CF 3,310 0.50 2,000 1,000.00 0411.603 Modular block retaining wall SF 3,470 10.00 3,378.13 33 ,781.30 2521.521 4" concrete curb SF 4,000 2.50 4,765 11,912.50 2531.501 Concrete curb & gutter, Design B618 LF 15 16.00 61 976.00 2575.505 Sodding, type lawn SY 980 2.50 299.5 748.75 0341.606 2 thick Type 41 bituminous walk SF 1,350 1.00 1,391 1,391.00 Total Part 4 - Winnetka Ave. North $58,626.60 (North of Bass Lake Road) 34153.RFP RP -2 No. Item Unit Contract Quantity Unit Price Quantity To Date Amount To Date Part 5 - 49th Avenue North 2104.503 Remove concrete sidewalk SF 100 1.00 2104.503 Remove retaining wall SF 150 1.50 150 225.00 2105.521 Granular borrow (LV) CY 5 8.00 10 80.00 2105.525 Topsoil borrow (LV) CF 270 0.50 195.75 97.88 0411.603 Modular block retaining wall SF 150 15.00 134.92 2,023.80 2521.521 4" concrete walk SF 100 2.60 125 325.00 2575.505 Sodding, type lawn SY 180 2.50 71.2 178.00 Total Part 5 - 49th Avenue North $2,929.68 Part 6 - 36th Avenue North 2104.503 Remove concrete sidewalk SF 300 0.70 320 224.00 2104.503 Remove retaining wall SF 360 1.50 360 540.00 2105.521 Granular borrow (LV) CY 15 8.00 19.61 156.88 2105.525 Topsoil borrow (LV) CF 540 0.50 391.5 195.75 0411.603 Modular block retaining wall SF 460 13.00 392 5,096.00 2521.521 4" concrete walk SF 300 2.60 320 832.00 2575.505 Sodding, type lawn SY 165 2.50 183 457.50 Total Part 6 - 36th Avenue North $7,502.13 Part 7 - 45th Avenue North 2104.501 Remove concrete curb LF 120 2.50 57.5 143.75 2104.503 Remove retaining wall SF 340 1.50 340 510.00 2105.521 Granular borrow (LV) CY 10 8.00 30.28 242.24 2105.525 Topsoil borrow (LV) CF 270 0.50 195.8 97.90 0411.603 Modular block retaining wall SF 400 13.00 516.72 6,717.36 2531.501 Concrete curb & gutter, mountable LF 120 15.00 57.5 862.50 2575.505 Sodding, type lawn SY 70 2.50 62 155.00 Total Part 7 - 45th Avenue North $8,728.75 34153.RFP RP -3 No. Item Unit Contract Quantity Unit Price Quantity To Date Amount To Date Part 8 - New Hope Athletic Field 2104.503 Remove retaining wall SF 1,450 1.50 1,450 2,175.00 2104.505 Remove bituminous pavement SY 220 1.00 166.8 166.80 2105.521 Granular borrow (LV) CY 25 8.00 61.25 490.00 2105.525 Topsoil borrow (LV) CF 850 0.50 616.3 308.15 0411.603 Modular block retaining wall SF 1,600 11.00 1,359.81 14,957.91 2575.505 Sodding, type lawn SY 230 2.50 212 530.00 0341.606 2" thick Type 41 bituminous walk SF 2,300 1.00 1,501.2 1,501.20 Total Part 8 - N.H. Athletic Field $20,129.06 Part 9 - 62nd Avenue North 2101.502 Clearing (tree) EA 1 80.00 1 80.00 2101.507 Grubbing (tree) EA 1 20.00 1 20.00 2104.503 Remove concrete sidewalk SF 600 0.50 860.5 430.25 2104.503 Remove retaining wall SF 400 1.50 400 600.00 2104.505 Remove bituminous pavement SY 50 2.00 576 1,152.00 2105.521 Granular borrow (LV) CY 10 8.00 15 120.00 2105.525 Topsoil borrow (LV) CF 90 0.50 65.3 32.65 0411.603 Modular block retaining wall SF 430 14.00 647.32 9,062.48 2521.521 4" concrete walk SF 600 2.60 860.5 2,237.30 2575.505 Sodding, type lawn SY 60 2.50 612.6 1,531.50 0341.606 2" thick Type 41 bituminous walk SF 450 1.00 576 576.00 Total Part 9 - 62nd Avenue North $15,842.18 Total Part 1 - CSAH 10 (Bass Lk Rd) 37,441.37 Total Part 2 - CSAH 156 (Winnetka 27,302.94 Avenue North) Total Part 3 - CSAH 9 (Rockford Rd) 20,199.11 Total Part 4 - Winnetka Avenue N. 58,626.60 (North of Bass Lake Road) Total Part 5 - 49th Avenue North 2,929.68 Total Part 6 - 36th Avenue North 7,502.13 Total Part 7 - 45th Avenue North 8,728.75 Total Part 8 - N.H. Athletic Field 20,129.06 Total Part 9 - 62nd Avenue North 15,842.1 & Total Base Bid $198,701.82 34I53.PSP RP -4 Contract Unit Quantity Amount No. Item Unit Quantity Price To Date To Date Alternate Retaining Wall Systems Diamond Retaining Wall (American Masonary Product Co.) - DEDUCT SF 11,260 (1.60) 10,693 (17, 01 HM Total Alternate Retaining Wall Systems ($17,108.80) Change Order No. 1 2101.511 Clearing & grubbing LS 1 1,600.00 1 1,600.00 2104.503 Remove concrete walk SF 500 2.50 1,750 4,375.00 2104.501 Remove Concrete curb LF 200 2.50 345 862.50 2104.505 Remove bituminous pavement SY 150 2.00 150 300.00 2104.503 Remove block wall SF 450 3.00 900 2,700.00 2104.501 Remove pipe sewer (36 ", 15 ", 12 ") LF 110 8.00 110 880.00 2104.509 Remove catch basin EA 2 440.00 2 880.00 2503.541 36" pipe sewer, Class 3 LF 60 74.00 60 4,440.00 2503.541 24" pipe sewer, Class 3 LF 18 40.00 18 720.00 2503.541 18" pipe sewer, Class 3 LF 65 34.00 83 2,822.00 2503.573 36" pipe apron w /trash guard EA 1 2,145.00 1 2,145.00 2506.509 Construct double catchbasin EA 2 1,265.00 2 2,530.00 2511.501 Random riprap, Class 3 CY 30 44.00 30 1,320.00 SP -1001 Timber headwall LS 1 1,200.00 1 1,200.00 2105.523 Common borrow (LV) CY 150 10.00 302.12 3,021.20 2105.525 Topsoil borrow (LV) CY 60 12.00 121.7 1,460.40 0411.603 Modular block wall SF 450 12.00 604.2 7,250.40 0557.603 Split rail wood fence LF 140 4.00 150 600.00 2521.521 4" concrete walk SF 500 2.60 935 2,431.00 2531.501 Concrete curb & gutter, Design LF 200 14.00 345 4,830.00 B618 2211.501 Aggregate base, Class 5 TN 80 9.00 179.05 1,611.45 2331.514 Base course mixture, Type 31 TN 30 40.00 2331.508 Wear course mixture, Type 41 TN 20 50.00 37.53 1,876.50 2331.504 Bituminous material for mixture TN 3 140.00 2.11 295.40 2575.513 Shredded hardwood bark mulch CY 10 28.00 12 336.00 w /weed barrier (4" thick) 2575.505 Sod SY 500 2.50 1,194.0 2,985.00 Total Change Order No. 1 $53,471.85 34153.1t" RP -5 Contract Unit No. Item Unit Quantity Price Change Order No. 2 348.50 30 45.00 2104.503 Remove concrete walk SF 646.5 0.50 2104.505 Remove bituminous pavement SY 32 1.50 2521.521 4" concrete walk SF 647.5 2.50 0341.606 2" thick Type 41 bituminous walk SF 288 1.00 Total Change Order No. 2 Total Base Bid Total Alternate Ret. Wall Systems Total Change Order No. 1 Total Change Order No. 2 Total Work Completed to Date Quantity Amount To Date To Date 697 348.50 30 45.00 697 1,742.50 268 7,68.00 $2,404.00 198,701.82 (17,108.80) 53,471.85 $237,468.87 34153.ItFP RP -6 PROJECT PAYMENT STATUS Owner City of New Hope Project 1994 Retaining Wall Improvements Project No. 649 File No. 34153 Contractor Classic Asphalt Co., Inc. CHANGE ORDERS No. Date Amount 1 9 -9 -94 Update existing storm sewer, catchbasins, and retaining wall $38,475.00 2 9 -28 -94 Reconstruct existing sidewalk at 8431 Bass Lake Road 2,278.00 3 Total Change Orders - Add $40,753.00 PAYMENT SUMMARY $237,468.87 Original Contract $173,169.00 No. Period Change Orders Payment Retainage Completed 1 Start 10 -1 -94 $31,371.39 $1,651.13 $33,022.52 2 10 -1 -94 11 -3 -94 115,308.12 7,719.97 154,399.48 3 11 -3 -94 11 -30 -94 35,114.27 9,568.09 191,361.87 4 11 -30 -94 2 -1 -95 5,126.75 9,837.92 196,758.45 5 2 -1 -95 4 -30 -95 12,666.35 10,504.57 210,091.45 6 4 -30 -95 6 -8 -95 14,268.86 11,255.57 225,111.31 7 6 -8 -95 7 -10 -95 13,534.02 1,500.00 228,889.76 8 7 -10 -95 7 -31 -95 8,579.11 1,500.00 237,468.87 9 7 -31 -95 10 -11 -95 1,500.00 0.00 237,468.87 10 Total Payment to Date $237,468.87 Original Contract $173,169.00 Retainage, Pymt. No.9 &Final 0 Change Orders 40,753.00 Total Value Completed $237,468.87 Revised Contract $213,922.00 34153.RFP RP-7 company name I Minnesota to number Classic Asphalt Co., Inc. 2620952 Address Month/year work began 5575 Highway 169 North September, 1994 city State Zip Code Monavyear work ended 'Plymouth, MN 55442 August, 1995 Total contract amount: 237,468.00 Telephone number Amount still due: (612) 550/1694 $ 1,500.00 Did you have employees work on this project? YES Project number: 649 ^ If none, explain who did the work: I Project location: New Hope, MN Project owner: City of New Hope Address 4401 Xylon Ave. N . , New Hope, MN Check the box that describes your Involvement in the project and fill In all Information requested In that category: ❑ Sole contractor ❑ Subcontractor If you are a subcontractor, fill in the name and address of the contractor that hired you: Prime Contractor If you subcontracted out any work on this project, all of your subcontractors must file their own IC -134 affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor you had, fill in the business information below, and attach a copy of each subcontractor's certified IC -134. (if you need more space, attach a separate sheet.) Business name Address Owner /Officer 21504 Ahistrom Ave. Thomas Schmidt Schmidt Curb Company, Inc., Rogers, MN 55374 I declare that all Information I have filled in on this form is true and complete to the best of my knowledge and belief. I authorize Pe Department of Rev*e to disclose pertinent information relating to this project, including sending copies of this form, e to 0 prim contractor Va a subcontractor. and to any subcontractors if 1 am a prime contractor. and to the contractina aaencv. President 8/16/95 For certification, mail to: Minnesota Department of Revenue, Business Trust Tax Section Mail Station 6610, St. Paul, MN 55146 -6610 Certificate of Compliance with Minnesota Income Tax Withholding Law Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and/or its subdivisions. signature of authorized Departnwrrt of Romnue official oats at rxZ ° b 0 � � AUG 2 2 1995 M R e• Schmidt Curb Company, Inc, Aftm 21504 Ah1strom Ave. ON &tr.M zip Code ash, MN 553 Pisa" type or print clearly above. This will be your ma1Ww labst for returnina the completed form. fi t.Cil2_L.4 .r —Z3 1L_. AnwwM ear aa: _ fi 7135.00 OWA the box that describes your Involvement in the project and till in all intormation requested in that ca ❑ Sale t:onutvictor Subcoolmtor It you are a subcontractor, lilt in the name and address of the contractor that hired you; Classis Asphalt Co �Inc. 55 75 Hwy 169 N P1_y mouth, MN. 55442 ❑ Prlme Contractor If you subcontracted out any work on this project, all of your subcontractors must file their own IC -134 allidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor you had, fill in the business information below, and attach a Copy Busine® of each subcontractor's certified IC -134. (ll you need more space, attach a separate sheet.) ` _ Address; Own uriotticer R. A� V -!!�!I For certification, mail original and ono copy lo: Minnesota Department of Revenue, Business Trust Tax Section Mail Station 6610, St. Paul, MN 55146 -6610 Certificate of Compliance with Minnesota Income Tax Withholding Law ' Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from wa ge s paid to employees relating to contract services with the state of Minnesota and/or its subdivisions. AUG 21995 OFFICE MEMORANDUM Minnesota Department of Transportation METR OPOLITAN D • rr- r O ffice To: Mr. Pat Murphy State Aid Engineer Mailstop 500 1 Ou� Date: August 2, 1996 From: Robb A. Urquhart, P.E. Asst. Metro DSAE (Acting) Post - Letting Metro State Aid Phone: 582 -1404 Subject: REPORT OF FINAL ESTIMATE SAP 182- 106 -08 Tied to 182-111-04,182-109-03,182-107-06 and 182 -020 -16 CITY OF NEW HOPE Please process the attached Report of Final Estimate for the above referenced project. The above referenced construction project was inspected on August 1. 1996 and was found to have been completed in substantial accordance with the approved plans. Final payment is recommended. Documentation is attached as follows: • Report of Final Estimate • Final Voucher No. 9 • Final Certification Statement • Change Orders 1 and 2 • Construction Engineering Documentation Please note any changes made to documentation submitted and forward to me for distribution to Local Agency. ., cc: file xc: Jeannine Clancy, City of New Hope OFFICE MEMORAADUM -._ - of Transportation METROPOLITAN DIVISIOW-Waters Edge State Aid Office To: Mr. Pat Murphy State Aid Engineer Mailstop 500 From: Robb A. Urquhart, P.E. Asst. Metro DSAE (Acting) Post-Letting Metro State Aid Phone: 582-1404 Date: August 2, 1996 Subject: REPORT OF FINAL ESTIMATE SAP 182-109-03 Tied to 182-106-08, 182-111-04, 182-107-06 and 182-020-16 CITY OF NEW HOPE Please process the attached Report of Final Estimate for the above referenced project. The above referenced construction project was inspected on August 1. 1996 and was found to have been completed in substantial accordance with the approved plans. Final payment is recommended. Documentation is attached as follows: • Report of Final Estimate • Final Voucher No. 9 • Final Certification Statement • Change Orders 1 and 2 • Construction Engineering Documentation Please note any changes made to documentation submitted and forward to me for distribution to Local Agency. ME cc: file xc: Jeannine Clancy, City of New Hope OFFICE MEMORAADUM Minnesota Department of Transportation METROPOLITAN D dg State Aid Office To: Mr. Pat Murphy State Aid Engineer Mailstop 500 From: Robb A. Urquhart, P.E. Asst. Metro DSAE (Acting) Post - Letting Metro State Aid Phone: 582 -1404 Date: August 2,1996 Subject: REPORT OF FINAL ESTIMATE SAP 182- 107 -06 Tied to 182- 106 -08, 182 - 111 -04, 182 - 109-03 and 182 - 020 -16 CITY OF NEW HOPE Please process the attached Report of Final Estimate for the above referenced project. The above referenced construction project was inspected on August 1. 1996 and was found to have been completed in substantial accordance with the approved plans. Final payment is recommended. Documentation is attached as follows: • Report of Final Estimate • Final Voucher No. 9 • Final Certification Statement • Change Orders 1 and 2 • Construction Engineering Documentation Please note any changes made to documentation submitted and forward to me for distribution to Local Agency. mt cc: file xc: Jeannine Clancy, City of New Hope OFFICE MEMORANDUM Minnesota Department of Transportation METROPOLITAN ! • W-Waters Edge State Ai •1 To: Mr. Pat Murphy State Aid Engineer Mailstop 500 From: Robb A. Urquhart, P.E. Asst. Metro DSAE (Acting) Post - Letting Metro State Aid Phone: 582 -1404 Date: August 2, 1996 Subject: REPORT OF FINAL ESTIMATE SAP 182- 020 -16 Tied to 182- 109 -03, 182- 107 -06, 182- 106 -08, and 182- 111 -04 CITY OF NEW HOPE Please process the attached Report of Final Estimate for the above referenced project. The above referenced construction project was inspected on August 1. 1996 and was found to have been completed in substantial accordance with the approved plans. Final payment is recommended. Documentation is attached as follows: • Report of Final Estimate • Final Voucher No. 9 • Final Certification Statement • Change Orders 1 and 2 • Construction Engineering Documentation Please note any changes made to documentation submitted and forward to me for distribution to Local Agency. ME cc: file xc: Jeannine Clancy, City of New Hope r � To: Mr. Pat Murphy State Aid Engineer Mailstop 500 From: Robb A. Urquhart, P.E. Asst. Metro DSAE (Acting) Post - Letting Metro State Aid Phone: 582 -1404 Date: August 2, 1996 Subject: REPORT OF FINAL ESTIMATE SAP 182 - 111 -04 Tied to 182 - 107- 06,182- 106 - 08,182- 109-03 and 182 -020 -16 CITY OF NEW HOPE Please process the attached Report of Final Estimate for the above referenced project. The above referenced construction project was inspected on August 1. 1996 and was found to have been completed in substantial accordance with the approved plans. Final payment is recommended. Documentation is attached as follows: • Report of Final Estimate • Final Voucher No. 9 • Final Certification Statement • Change Orders 1 and 2 • Construction Engineering Documentation Please note any changes made to documentation submitted and forward to me for distribution to Local Agency. ME cc: file xc: Jeannine Clancy, City of New Hope 9 4 CP RAIL SYSTEM , f ., ; ... ULj .._.. _ . T ; iz I I I ILJ y it 1 � � Z i m; r- '.� s I ... It j M. M.S.A.P. 182 -109 o ; v �` * {i M.S. I S FF FROM: Sumter Avenue N '-- (- T0: 540' East of Sumter Av 1z °, iL GROSS LENGTH �4___ _0 j I BRIDGE LENGTH i.. t J EXCEPTION LENGTH 1 } I NET LENGTH -- -�-- -- • P. 18 ;P PA lL- SYSTEM i�t. M.S.A n C A u , g6 ( Winnetka Avenue M.S.A.P. 182-020-15 FROM: 800 North of 42nd Av �� •� � TO: 175' South of 53rd Av GROSS LENGTH 5370 '.�✓" _'' �� ;{.` ' - �•J �._✓ �/A BRIDGE LENGTH _____ ----- f �� EXCEPTION LENGTH 4 6 10p NET LENGTH 48TH AvE ,r� ;' M.S.A P 1 i t • s O t;, 9 (Rockford Rd.� • FRO tysburg Avenue N. ji ' L I <� 1� ��` "r "� [� l� TO: 300' west of Boone s li_ 3 ii. 1 i 1 ii di 1__ �30 _ G ROSS LENGT „ { y , .. 48TH do NEVADA A VE- N. BRIDGE LENGTH 0 - EXCEPTION LENGTH 25 NET LENGTH � M.S.A.P. 1 I t 4.2ND 06 ►j� i._t 182-020 � - ^�tka Avenue N,� M.S.A•P. �.. FROM 59th Avenue N. !1 t ' tr TO: 62nd Avenue N. i ; ' { GROSS LENGTH l 2675 i #UA I t .� 7 i �� U BRIDGE LENGTH p EXCEPTION LENGTH 1575 1100 Fr .= _ �/ ii ��,_�r NET LENGTH M.S.A.P. .J . jI }. °: FROM: Winnetka Avenue N. �•-• �++� t TO: Utah Avenue AV N. �} { 'z 140 • - _._ GROSS LENGTH BRIDGE LENGTH 0 EXCEPTION LENGTH 0 ii NET LENGTH 140 -- / AD 1994 Current Year ADT Future Year 2014 (ti ;1 k .: Traffic Lanes ,_. 1� — -, -• }� 1;; Parkin Lanes Desi n Speed' Functionol Clossificotion 5st ppin�t Uist011 ` Helght Of dye 3.5' P " Hetght Of TI t