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Imp. Proj. #626
M � i - Q �LWQ 4 I T - OO s Pr oject Hidden Valley Park Improvements City i 710 Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action /Equal Opportunity Employer and Employee Owned Principals: Otto G. Bonestroo, P.E. • Marvin L. Sorvala, P.E. • Glenn R. Cook, P.E. • Robert G. Schunicht, PE. Jerry A. Bourdon, PE. January 9, 2002 City of New Hope 4401 Xylon Avenue N New Hope, MN 55428 Senior Consultants: Robert W. Rosene, PE. • Joseph C. Anderlik, P.E. • Richard E. Turner, P.E. • Susan M. Eberlin, C.PA Associate Principals: Keith A. Gordon, PE. • Robert R. Pfefferle, PE. • Richard W. Foster, P.E. • David O. Loskota, PE. Mark A. Hanson, RE. • Michael T. Rautmann, PE. • Ted K. Field, PE. • Kenneth P. Anderson, RE. • Mark R. Rolfs, P.E. David A. Bonestroo, M.B.A. • Sidney P Williamson, P.E., L.S. • Agnes M. Ring, M.B.A. • Allan Rick Schmidt, RE. - Thomas W. Peterson, P.E. • James R. Maland, PE. • Miles B. Jensen, RE. • L. Phillip Gravel 111, P.E. • Daniel J. Edgerton, P.E. Ismael Martinez, RE. • Thomas A. Syfko, P.E. • Sheldon J. Johnson • Dale A. Grove, PE. • Thomas A. Roushar, PE. Robert J. Devery, RE. Offices: St. Paul, St. Cloud, Rochester and Willmar, MN • Milwaukee, WI • Chicago, IL Website: www.bonestroo.coni Re: 36 Avenue Infrastructure Improvements — Winnetka Ave. (CSAH 156) to TH 169 City Project No. 626 Hidden Valley Park Improvements City Project No. 710 Bonestroo File No. 34 -98 -217 Dear Mayor and Council: Attached is our report for 36th Avenue Infrastructure Improvements and Hidden Valley Park Improvements. Proposed storm sewer, water main, street, and park improvements are presented and discussed within the report along with detailed cost estimates and a preliminary assessment roll. We will be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss the report. Respectfully submitted, BONE STR RROSENE ANDERLIK & ASSOCIATES, INC. Mark A. Hanson Vincent T. Vander Top Sheldon J. Johnson MAH/VTV /SJJ:crw Enclosures I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of 7� Min sota. ... MA A. Hanson Date: January 9, 2002 Registration No. 14260 2335 West Highway 36 ■ St. Paul, MN 55113 ■ 651 - 636-4600 ■ Fax: 651 -636 -1311 2 TABLE OF CONTENTS Letterof Transmittal .......................................................... ............................... 1 Tableof Contents .............................................................. ............................... 2 Introduction....................................................................... ............................... 4 Recommendations............................................................. ............................... 5 Feasibility, Necessity, and Cost Effectiveness .................. ............................... 9 Discussion......................................................................... ............................... 10 A 36 Avenue ............................................................ ............................... 10 1 Street / Sidewalk .................................................... .............................10 2 First Tier Trail ...................................................... .............................14 3 Storm Water ....................................................... ............................... 15 a. 36 Avenue Corridor ................................... ............................... 15 b. St. Joseph's Catholic Church Property ........ ............................... 16 4 Water Main .......................................................... .............................18 5 Sanitary Sewer ..................................................... .............................19 6 Easements .......................................................... ............................... 19 7 Private Utilities .................................................. ............................... 20 8 State Aid /Permits ............................................... ............................... 21 B. Hidden Valley Park/Sonnesyn School ..................... .............................21 1. Play Field Reconstruction ................................. ............................... 22 2. Hidden Valley Trail Reconstruction ................. ............................... 23 3. Hockey Rink Reconstruction ............................ ............................... 23 4. Hidden Valley Pond with Pedestrian Bridge .... ............................... 24 5. Basketball and Tennis Courts ........................... ............................... 24 6 Park Structures .................................................... .............................25 7 New Parking Area ............................................. ............................... 25 CostEstimate ..................................................................... ............................... 26 AreaTo Be Included ......................................................... ............................... 27 Assessments...................................................................... ............................... 28 RevenueSources ............................................................... ............................... 29 ProjectSchedule ................................................................ ............................... 30 36`' Avenue Street Improvements 2 Appendix A — Preliminary Cost Estimate Appendix B — Preliminary Assessment Roll Appendix C — Mn/DOT State Aid Review Letter Appendix D — Traffic Study — 36` Avenue (Benshoof & Associates) Appendix E — Hidden Valley Park Master Plan (Brauer & Associates) Figure No. I — Location Plan Figure No. 2 — Street Layout — 36` Avenue Figure No. 3 — Street Layout — Boone Avenue Figure No. 4 — Typical Section Figure No. 5 — Regional Trail Figure No. 6 — Storm Sewer — 36` Avenue Figure No. 7 — Storm Sewer — St. Joseph's Figure No. 8 — Water Main Figure No. 9 — Sanitary Sewer Figure No. 10 — Easements Figure No. 11 — Private Utilities Figure No. 12A —North Hidden Valley Park Improvements Figure No. 12B —South Hidden Valley Park Improvements Figure No. 13 — Hidden Valley Park — Pond Improvements Figure No. 14 — Hidden Valley Park — Trail Improvements Figure No. 15 — Assessment Footages Figure No. 16 — 36` Avenue Detour Plan I 36" Avenue Street Improvements 3 III III INTR ODUCTIO N The 36 Avenue Street Improvement Project proposes to reconstruct 36 Avenue from T.H. 169 to Winnetka Avenue. The improvements proposed for the Hidden Valley Park Master Plan (developed in the year 2000) are included based on cost savings and similar construction. The improvements for both areas are based on the following: Hidden Valley Park Master Plan — Brauer & Associates (2000) — Appendix E Traffic Study 36 Avenue — Benshoof & Associates (2001) — Appendix D Pavement Management Plan — Goodpointe Technologies (2002) The 36 Avenue roadway design has been discussed and studied since 1998 and earlier. The existing roadway cross section (44' wide, 1 traffic lane and 1- parking lane in each direction) is not acceptable based on Mn/DOT State Aid standards for existing and future traffic volumes in 36 Avenue. The roadway design must be approved by Mn/DOT State Aid to receive state aid funding. Mn/DOT's review, based on preliminary plans and studies submitted to them, are presented in Appendix D. The roadway design proposed in this feasibility report, based on previous discussions, is as follows: > Roadway width 32' wide (1 — 11' wide traffic lane in each direction and 5' reaction width at curb) • Parking lane cut outs (11' wide) at four (4) separate locations • Traffic Signal at Boone Avenue, including protected center left turn lanes (12' wide) for both 36 and Boone Avenues. Level of Service (LOS) is a measure of the roadway /corridor's ability to maintain efficient and safe traffic flow. Excessive delays, stacking, etc. will result in a lower LOS rating. A LOS rating of A is the highest rating. Mn/DOT State Aid requires that a Level of Service (LOS) of D be maintained at all times in this corridor if a design less than 4 lane is used. The 32' wide design cited previously will meet that requirement. This roadway design is shown in Figure 2. In lieu of constructing a 32' wide roadway with a traffic signal at Boone Avenue, state aid would approve a roadway design that includes a 4 -lane design (2 lanes in each direction) and 3e Avenue Street Improvements 4 maintaining the existing 4 -way stop sign /lane configuration at Boone Avenue. The 4 -lane design (48' width) would be the same cross section that exists between Winnetka Avenue/T.H. 100 and Hillsboro Avenue/T.H. 169. This design would not meet a LOS D under all conditions. A 12' center left turn lane would be required at the intersection with Boone Avenue to achieve a LOS of D. This would increase the street width at the intersection to 60 feet. Based on State Aid requirements and recommendations for the Traffic Study — 36 Avenue, the traffic signal option is preferred over the 4 -lane design option and 4 -way stop sign at Boone Avenue, as follows: > The Level of Service (LOS) is better for a traffic signal versus a 4 -way stop (LOS B vs. LOS E (AM Peak) and LOS D (PM Peak)) . > The residential character of the neighborhood is better served by a narrower road (32' vs. 48' wide), which is less intrusive. > Parking lane cut -outs can be provided with less disruption with a narrower road to those homes which front on and take direct driveway access to 36 Avenue. > Traffic signal is safer and more comfortable for pedestrians when compared to the existing 4 -way stop sign intersection at Boone and 36 Avenue. The following is recommended: 36 Avenue: • Reconstruct 36 Avenue to a 32' width, 1 — 11' wide traffic lane and 5' reaction width at curb each direction, based on Traffic Study by Benshoof & Associates. See Figure 2. • Parking cut outs (11' wide) be provided at 4 locations for homes, which front on and take direct driveway access to 36 Avenue, based on Traffic Study by Benshoof & Associates. ■ Traffic signal be constructed at Boone Avenue, including protected center left turn lane (12' wide) in each direction, based on Traffic Study by Benshoof & Associates. • Consideration could be given to providing a designated protected right turn in Boone Avenue for south -bound traffic wanting to turn west onto 36 Avenue. See Figure 3. 36` Avenue Street Improvements 5 • In accordance with Mn/DOT State Aid review letter, consider a continuous center left turn lane (12' width) the entire length in 36 Avenue to provide a safer left turn movement for New Hope residents into their residential neighborhoods abutting 36 Avenue. • Construct the First Tier trail along 36 Avenue's south side (T.H. 169 to Boone Avenue) and Boone Avenue (36 Avenue to 32 Avenue) based on previous negotiations with Hennepin Parks (now known as Three Rivers Park). See Figure 5. ■ Joint storm water improvements located on St. Joseph property be constructed as proposed herein and in accordance with New Hope's Surface Water Management Plan, dated 1996, Bassett Creek Watershed and Hidden Valley Park Master Plan (HVPMP)by Brauer & Associates. The storm water improvements shall be negotiated and coordinated with St. Joseph's building expansion as part of 36 Avenue reconstruction. See Figures 6 and 7. • Reconstruct water main in 36 Avenue from T.H. 169 to Winnetka Avenue. See Figure 8. ■ Reconstruct sanitary sewer as proposed herein, including individual services to property line. See Figure 9. ■ Consider burying all overhead utilities in accordance with regulations for this work by private utility companies, (primarily Xcel Energy /Qwest). See Figure 11. ■ Close 36 Avenue during construction; however, continue to maintain existing local traffic access. See Figure 16. • Assess commercial /industrial and non - taxable properties in accordance with City Policy (state statute) and Pavement Management Plan. Residential property would not be assessed. See Appendix B and Figure 15. Hidden Valley Park: • Reconstruct play field areas adjacent to Sonnesyn School in accordance with Hidden Valley Park Master Plan (HVPMP). The playfield reconstruction is proposed with the construction of 36 Avenue based on a cost savings by placing excess material generated from 36 Avenue over the playfield area and similar construction. The playfield construction shall be coordinated with Robbinsdale School District. See Appendix E and Figure 12. • Redevelop and improve the existing ponding area in Hidden Valley Park in accordance with New Hope's Surface Water Management Plan, dated 1996, and HVPMP. The pond grading is proposed with 36 Avenue, based on similar construction. See Figure 13. Avenue Street Improvements 6 ■ Park amenity improvements, which are listed below shall be considered and are in accordance with HVPMP. Also, see Figures 12A, 12B, 13, and 14. It is recommended that the improvements be considered as prioritized in the following list. The play field, trail, pond, court, and rink improvements are of similar type construction as the 36 Avenue improvements. This work can be bid and constructed competitively with 36 Avenue. Hidden Valley Park Improvement Priority List 1. Play Field Reconstruction with excess material from 36 Avenue 2. Bituminous Trail Reconstruction 3. Reconstruct Hockey Rink with Paved Surface 4. Pond Improvements with New Pedestrian Bridge at Pond 5. New Basketball Court 6. Tennis Court Reconstruction 7. Picnic Shelter added to existing Park Shelter Building 8. Boardwalk Through Natural Area 9. Neighborhood Area Improvements a. Restroom Enclosure b. Drinking Fountain c. Picnic Areas d. Vegetation Screening 10. New Parking Area East of Sonneysn School — It is recommended that the cost of this improvement be assessed to Robbinsdale School District. 36 "' Avenue Street Improvements 7 Project Cost /Revenue: The estimated project cost and revenue source is summarized below: Improvement Cost Revenue 36` Avenue: Street/Sidewalk $1,802,000 Regional Trail 107,000 Storm Water Street 258,000 Storm Water St. Joseph's 304,000 Water Main 401,000 Sanitary Sewer 98,000 Total $2,970,000 Hidden Valley Park: Play Field Reconstruction $375,000 Bituminous Trail Reconstruction 45,000 Reconstruct Hockey Rink 80,000 Pond Improvements 421,000 New Basketball Court 40,000 Tennis Court Reconstruction 100,000 Picnic Shelter 40,000 Boardwalk 40,000 Neighborhood Area Improvements 30,000 New Parking Area East of Sonnesyn 100,000 Total 1,271,000 Overhead Utilities: Bury overhead utilities $200,000 Revenue: Municipal State Aid $1,906,390 Water Sewer Fund 499,000 Assessments 257,420 Street Funds 571,190 Storm Water Funds 625,000 Park Funds 375,000 Robbinsdale School District 281 100,000 Hennepin Parks 107,000 Total 4,441,000 4,441,000 See additional cost estimate information in Appendix A. Avenue Street Improvements 8 Project Schedule: Present Feasibility Report /Schedule Public Meeting January 14, 2002 Authorize Plans and Specs for Bidding/ January 28, 2002 Schedule Public Hearing Public Meeting February 2002 Public Hearing February 25, 2002 Approve Plans and Specifications for Bidding February 25, 2002 Open Bids /Award Contract April 8, 2002 Substantial Construction Completion Fall 2002 Final Completion Summer 2003 Assessment Hearing Summer 2003 First Payment Due May 2004 i This project is feasible from an engineering standpoint and is in accordance with New Hope's Comprehensive Plans for Stormwater, Parks, Streets and Utilities. Street improvements are consistent with New Hope's Transportation Plan (1995) for community collector streets. The improvements to 36 Avenue as proposed herein are necessary to accomplish the following: • To comply with Municipal State Aid (MSA) requirements • To provide a safe roadway to accommodate both vehicular and pedestrian traffic • To maintain parking lanes for those homes which front on and have driveway access to 36 Avenue. • To improve ride - ability. Construction methods will be cost effective and conform to industry standards for street /utility improvements. Avenue Street Improvements 9 DISCUSSION A. 36 th AVENUE 1) Street/Sidewalk The existing street, curb and gutter and sidewalk were constructed in 1964. Subsequent evaluations, reports, and improvements occurred as follows: a. Improvement History YEAR ITEM 1964 Street Improvements — Co. Rd. 18 to Winnetka Avenue 1970 Street Improvements — Co. Rd. 18 to Hillsboro Ave. (Co. Rd. 18 Improvements). 1980 Boone Avenue Intersection Study • Approved 4 -Way Stop, 4 Lane (Combined Turn Lane) • Considered, But Not Approved - Traffic Signal — 3 Lane (Protected Left Turn Lane) - 4 Way Stop — 3 Lane (Protected Left Turn Lane) 1981 Street Overlay — Hillsboro to Winnetka Avenue 1986 Jordan/Hillsboro Avenue Intersection Study • Approved 4 Way Stop, 4 Lane 36 Avenue • Considered, but Not Approved - Traffic Signal, Warrants Not Met 1988 Street Overlay — Co. Rd. 18 thru Jordan/Hillsboro Avenue 1994 Boone Avenue Intersection Study • No Improvements, Traffic Signal Warrants Met 1997 Pavement Condition Survey • Reconstruction Warranted 1998 Concept Report — T.H. 169 to Winnetka Avenue • S Design Alternatives with Options 1998 Mill /Overlay — Boone Avenue Intersection 1999 Feasibility Report — T.H. 169 to Winnetka Avenue 1999 Sign /Striping — Boone Avenue ® Reinforce 1980 Approved Design 2001 Traffic Study —36 Avenue (Benshoof & Associates) 2001 Preliminary Design Review by MnDOT State Aid 2001 Pavement Management Plan (Goodpointe Technologies) • Affirmed Pavement Reconstruction Recommendation Avenue Street Improvements 10 b. Pavement Design The existing pavement section includes: • 7" Bituminous pavement (Includes 1981 overlay) • 12" Class 5 Aggregate The new pavement section is based on Mn/DOT State Aid Design requirements, projected traffic counts (20 -year ADT = 15,000) and anticipated soil conditions (R value = 15) The proposed pavement section includes: Item Depth (inches) Granular Equivalent (GE) Bituminous Wear Course 1 i/z 3.375 Bituminous Binder Course 2 4.0 Bituminous Base Course 4 8.0 Class 5 Aggregate 12 12.0 Granular Borrow 12 6.0 Totals 31.5 33.375 1 Projected Traffic Volumes are outlined in the Traffic Study — M h Avenue (Benshoof c& Associates) in Appendix D. 2 The assumed soil R valise must be verified with soil borings prior to final design. 3 The Design GE must equal or exceed the GE required by State Aid standards. The GE standard for this project is 32.7. See Figure 4 for typical street sections. c. Street Configuration The street configuration shown included in this report (see Figure 2) is based on the recommendations of the Traffic Study — 36 Avenue (Benshoof & Associates). The configuration includes: • Roadway width 32' wide (1 — 14' wide traffic lane in each direction and 2' reaction width at curb) • Parking lane cut outs (10' wide) at four (4) separate locations • Traffic Signal at Boone Avenue, including protected center left turn lanes (12' wide) for both 36 and Boone Avenues. 36`' Avenue Street Improvements 11 The projected 20 -year ADT for the 36 Avenue corridor is 15,000 vehicles per day. At this threshold, Mn/DOT State Aid design standards require the street to be constructed as a four- lane roadway OR in such a configuration that a Level of Service of D or better is maintained. The Traffic Study — 36 Avenue (Benshoof & Associates) reviewed this requirement in detail. Based on this review, two options could be considered. 1. Construct a 32' wide roadway (2 lanes) with a protected left -turn lane and traffic signal at Boone Avenue. 2. Construct a 48' wide roadway (4 lanes) with a four -way stop at Boone Avenue. Both options would meet State Aid requirements even though a Level of Service of D could not be met in all conditions under Option 2. Previous reviews by the City Council during the acceptance of the Benshoof report concluded that Option 1 is not only safer for pedestrians crossing 36 Avenue, but the 2 -lane configuration is more conducive to the residential nature of the corridor. Therefore, Option 1 was recommended in that report. A preliminary design based on the recommendations of the Traffic Study — 36 Avenue (Benshoof & Associates) was submitted to Mn /DOT in July, 2001. Mn/DOT State Aid approved the preliminary design based on the 2 -lane configuration (see Appendix C) with a recommendation that a continuous left turn lane (3 lane) be considered throughout the corridor. The traffic signal at Boone was required to maintain a level of service of D or better. The configuration of the Boone intersection is shown in Figure 3. d. Boone Avenue Intersection Configuration The Traffic Study — 36 Avenue (Benshoof & Associates) report recommends a traffic signal with 3 lanes of traffic on each leg of the intersection. The 3 lanes include a lane for opposing traffic, a dedicated center left turn lane, and a through /right turn lane. A slight modification to this configuration could be considered. Refer to Figure 3. The alternate design on the bottom of the figure includes a dedicated right turn lane for south- bound traffic on Boone Avenue. This would accomplish the following: Avenue Street Improvements • Less traffic would "stack" on the incline. Right- turning vehicles could continue through the intersection. • Residents in the area of the intersection could back out of their driveways into a protected right turn lane in lieu of the through- traffic lane. Under the alternate design, the north leg of Boone Avenue would remain the same width as exists. The existing curbs would remain in place. The south leg of Boone Avenue would narrow 10 feet to match the one through lane of traffic. e. Closure of 36 Avenue During Construction The preliminary design and cost estimate assumes the closure of 36 Avenue. This provides several cost - saving benefits including: • Efficient construction through the elimination of staging and additional traffic control. This is important for the construction of storm sewer, sanitary sewer and water main. • Ability to reclaim existing pavement and aggregate for reuse in the new construction. A majority of the class 5 aggregate can be recycled. • Improved construction access for the coordination of work between 36 Ave and St. Joseph's, Sonnesyn, and Hidden Valley Park properties. • Improved access for the reconstruction and realignment of private utilities. The closure of 36 Avenue will also improve traffic safety during construction. The drawbacks for a road closure include a required detour and additional mileage for users of this route. It is recommended that the closure be implemented, as these drawbacks will not outweigh the benefits. The recommended detour route is via 42 Avenue as depicted in Figure 16. f. Sidewalks Five -foot wide sidewalks exist along both sides of 36 Avenue. The preliminary design assumes that all sidewalks will be removed and replaced for the following reasons: 36 " Avenue Street Improvements 13 • A significant portion of the sidewalk is in poor condition and in need of replacement. In 1997, the City Sidewalk Improvement Project identified 35 percent of the pedestrian ramps for replacement. • 36 Avenue will be narrowed and the boulevard area increased. It is likely that the sidewalk grade will need to be raised to provide adequate drainage to the street. • If private utilities, which currently exist on poles, are buried behind the north curb line, the sidewalk on the north side will need to be removed. • Three Rivers Parks is planning a regional trail on the south side of 36 Avenue between T.H. 169 and Boone Avenue. This requires the removal of this sidewalk. g. Curb and Gutter Curb and gutter along 36 Avenue is in poor condition. The 1981 overlay was also constructed into gutter. It is recommended that all curb and gutter be removed and replaced. Curb and gutter replacement will also be required to accommodate the change in street width. 2) First Tier Trail Three Rivers Parks has discussed the potential for a regional trail between French Regional Park and the City of Minneapolis with New Hope and other neighboring cities. Portions of the trail are in place or under construction including the new pedestrian bridge crossing of T.H. 100. In New Hope this trail is proposed to exist along the south side of 36 Avenue between T.H. 169 and Boone Avenue. It would then follow Boone Avenue on the west side past Sonnesyn Elementary and Hidden Valley Park to 32 Avenue. It would then lie within the 32 °d Avenue right of way into the City of Crystal. See Figure 5 The preliminary design of the 36 Avenue Improvements include the removal of the existing sidewalk along 36 Avenue as discussed previously. The design also includes the removal of additional sidewalk on the west side of Boone Ave between 32 Avenue and 36 Avenue. A ten -foot wide bituminous trail would replace the sidewalk along the trail corridor. The scope and cost of these improvements has been reviewed with staff from Three Rivers Parks. Three Rivers Parks will be expected to provide funds for all improvements required 36` Avenue Street Improvements 14 beyond the scope of the street improvements. This includes the removal of sidewalk along Boone Ave and the bituminous trail throughout the corridor. 3) Storm Water Storm water improvements within the project area are shown in Figure 6. The improvements are within the 36 Avenue corridor and on the St. Josephs Catholic Church property. Descriptions of the improvements are as follows: a. 36` Avenue Corridor Improvement #1: Replace Storm Sewer from 36 Avenue to Northwood Wetland; Construct sedimentation basin. Existing 21" and 36" storm sewers serve properties south of 36 Avenue between Zealand Avenue and Virginia Avenue. These properties have experienced flooding in the past due to limited storm sewer capacity. The existing storm sewers will be removed from 36 Avenue to the Northwood wetland and upgraded to one 48 -inch storm sewer. A sedimentation basin will be constructed at the outlet. Improvement #2: Zealand Avenue to Virginia Avenue Storm Sewer. A low point in 36 Avenue exists at the intersection of Zealand Avenue. This intersection has flooded and overflowed north to 36 1 /2 Circle in past events. The same storm sewer which serves properties south of 36 Avenue also serves this intersection. The preliminary plans include the construction of a 21" storm sewer from Zealand Avenue to Virginia Avenue. This will serve two functions: 1. Additional capacity will be provided to the intersection to prevent future flooding and overflows to 36 1 /2 Circle. 2. Less storm water will enter the storm sewer serving properties south of 36 Avenue. Additional capacity will be available for local drainage. 36` Avenue Street Improvements 1 Improvement #3: Replace Storm Sewer from Flag Avenue to Ensign Avenue. The existing 18" will be removed and replaced with a 24" storm for capacity reasons. This segment of storm sewer currently limits the capacity of the upstream system. Improvement #4: Replace Steel Pipe Storm Sewer in 36 Avenue East of Decatur. The 36" steel pipe storm sewer in 36 Avenue at the St. Joseph's ravine is in poor condition. Portions of the storm sewer were replaced with past improvements. The portion directly under 36 Avenue must be replaced in conjunction with the street improvements. Improvement #5: Intersection Storm Leads /Catch Basins at Hillsboro /Jordan, Flag, Ensign, and Decatur. Storm sewer and catch basins do not currently exist on the north side of 36 Avenue between Jordan Avenue and Boone Avenue. All runoff from the north side of the street is directed north to neighborhood residential streets. Storm sewer leads from the south side of 36 Avenue and catch basins on the north side will be constructed to capture this runoff. Improvement #6: Reconstruct Storm Sewer at 36 Avenue and Boone Avenue Intersection. The reconfiguration of the intersection and the reconstruction of utilities in the intersection will require the reconstruction of catch basins and storm sewer leads. b. St. Joseph's Catholic Church Property Improvement #7: 35 Avenue/Ensign Avenue Storm Sewer Extension. Approximately 40 acres of residential property drains to the intersection of 35 Avenue and Ensign Avenue. The Surface Water Management Plan identifies improvements to reroute the storm sewer from this intersection to a new water quality pond on the St. Avenue Street Improvements 16 Joseph's Catholic Church property (refer to Figures 6 and 7). The intent of this improvement is to improve the water quality of this runoff before the water is ultimately routed to Northwood Lake. The preliminary plans and cost estimates include the construction of 30 -inch storm sewer from the intersection of 35 Avenue and Ensign Avenue to the St. Joseph ravine. Additional storm sewer upgrades in 35 Avenue can be completed with future street improvements in that area. Improvement #8: Hidden Valley Park Storm Sewer Extension. A 21 -inch storm sewer serves as the discharge from Hidden Valley Park. This storm sewer also collects some runoff from Boone Avenue and routes it to the St. Joseph ravine. A separate storm sewer system also serves the Sonnesyn School property. This storm sewer also currently discharges to the St. Joseph ravine. Both storm sewers will be extended approximately 50 feet to proposed St. Joseph ponding area. See Figures 6 and 7. Improvement #9: St. Joseph's Pond, Outlet, and Ravine Storm Sewer. A pond and storm sewer is proposed on the St. Joseph Catholic Church property in the ravine on the west side of the property. See Figures 6 and 7. The pond and storm water system are proposed for several reasons: 1. Construction of a water quality pond is consistent with the Surface Water Management Plan. It will improve stormwater quality in the Northwood Lake Watershed. 2. The pond could meet the storm water requirements for the St. Jospeh's Church property. The Church is currently evaluating building expansion plans. These improvements would likely require site storm water improvements. Avenue Street Improvements 17 I The pond and storm sewer will control the rate of runoff through the ravine. The current rate and amount of storm water through the ravine has created erosion issues. 4) Water Main All water main within the project area is cast iron. The majority of water main was originally constructed in the early 1960's with new development. The water main location is shown in Figure 8. A significant number of water main repairs have occurred between Decatur Court and Boone Avenue. The preliminary plans and this report include replacing all water main, valves, hydrants, and water services within 36 Avenue. This includes the valve manhole in Boone Avenue immediately north of 36 Avenue. No additional water main will be replaced in Boone Avenue at this time. As an option, the City could consider a partial replacement of the water main. Areas that must be replaced because of the past history include: • Water main between Decatur Court and Boone Avenue. A significant number of breaks have occurred in this area. • Local water main lateral and services to residences north of 36 Avenue at Yukon Avenue. • All valves and hydrants along 36 Avenue. Removing and replacing only these items would reduce the water main replacement costs from $401,000 to $196,000 for a savings of $205,000. Avenue Street Improvements 18 5) Sanitary Sewer The existing sanitary sewer has been televised and all manholes inspected. The existing pipe and structures appear to be in good condition except for the locations shown in Figure 9. Corresponding improvements are included in the preliminary plans and costs estimates to account for deficiencies. • , Boone Avenue to Yukon Avenue. The lateral sanitary sewer serves properties on the south side of 36 Avenue east of Zealand Avenue and north of 36 Avenue at Yukon Avenue. Televising has indicated that the sewer joints are in poor condition and roots clog residential services. The sewer is also located in the street boulevard resulting in poor access for Public Works crews in the winter. The preliminary plans and cost estimates include reconstructing this portion of the sanitary sewer in 36 Avenue. Residential services would be reconstructed to the property lines. ® Wisconsin Avenue to Virginia Avenue. Televising has indicated that this sewer is in poor condition. Replacement is assumed with a similar pipe diameter. 6) Easements Road easements and drainage /utility /parcel easements to construct 36 Avenue are shown on Figure No. 10. Also shown on Figure No. 10 is the existing right -of -way along 36 Avenue and Boone Avenue. As noted, 40' wide half right -of -way and/or 80' wide full right -of -way exists nearly the entire length of 36 Avenue (T.H. 169 to Winnetka Avenue) and Boone Avenue at 36 Avenue. The existing half right -of -way abutting five unplatted parcels is 33' wide. At each of these locations an additional 7' of easement is proposed to be acquired. In addition, drainage /utility easements are proposed to be acquired from two of the same five parcels to construct storm water improvements. Easement requirements, based on area, are summarized below: Avenue Street Improvements 19 36 Avenue Easement Section 18, SE 1 /a Area Parcel 44 -0005 (Printmakers) 875 SF Parcel 44 -0006 (Apartments) 1,715 SF Parcel 44 -0007 (Apartments) 2,170 SF Section 19, NW 1 /4 Parcel 21 -0001 (St. Joseph's) 3,990 SF Parcel 21 -0003 (Residential Home) 700 SF Total 9,450 SF Drainage/Utility Easement Section 18, SE 1 /4 Parcel 44 -0007 (Apartments) 3,675 SF Section 19 NW 1 /a Parcel 21- 0001(St. Joseph site pond) 1 10,000 SF Parcel 21- 0001(City pond) 25,000 SF Parcel 21 -0001 (Drainage and Utility) 22,000 SF Total 60,675 SF I St. Joseph Church will be required to construct a local pond with future building improvement projects. The local pond requirements could be combined with the City pond. This pond area is required to account for local drainage from the St. Joseph site in accordance with Bassett Creek Watershed and New Hope's Surface Water Management Plan.. The estimated value of the easements is approximately $90,000. The actual value must be negotiated with property owners and appraisals conducted as necessary. 7. Private Utilities Private utilities exist in 36 Avenue and will be impacted by its reconstruction. To minimize the road closure during construction cooperation with each private utility and the contractor is necessary. Preliminary plans for 36 Avenue reconstruction have been sent to each of the private utility companies listed below to begin the interaction to coordinate private utility reconstruction. - Xcel Energy - Qwest - Reliant Energy /Minnegasco - AT &T Broadband Avenue Street Improvements 20 Overhead private utility lines are shown on Figure 11 and are primarily located on the north side of 36 Avenue between the curb and sidewalk. The City of New Hope in the past has discussed burying overhead utility lines along its collector road right -of -ways (e.g. overhead utility lines have been buried in 42 Avenue between Boone Avenue and Louisiana Avenue). Xcel Energy has developed a program where the costs to burry overhead utilities can be passed onto New Hope users. The estimated cost to bury overhead utilities, based on 42" Avenue could be in excess of $200,000. At this time, Xcel Energy and Qwest have not provided cost estimates to bury overhead utilities. It should be noted properties which presently are served by overhead utilities directly from 36 Avenue may require a few power poles to remain unless their individual private service to the building is also buried 8. State Aid/Permits State aid funding requires plan approval by the state aid office. Preliminary plans, based on City Council's preferred design, have been submitted to the state aid office for the their review. The roadway design and traffic signal at Boone Avenue proposed herein fulfills state aid requirements for Level of Service (LOS) D or better. The State Aid review letter from the Assistant Metro State Aid Engineer dated December 14, 2001 is included in Appendix C located at the back of this report. As noted in Mn/DOT's letter, although the two lane roadway is sufficient, they encourage the City to consider a continuous center left turn lane to provide a safer roadway for left turning vehicles. In addition, the state aid office has indicated they have had correspondence indicating some local opposition does exist for the traffic signal option presented in this feasibility report. The reconstruction of 36 Avenue requires a General Storm Water Permit for Construction Activity by the Minnesota Pollution Control Agency. The low bid contractor and City will execute the permit following the contract award. B. Hidden Valley Park/Sonnesyn School All park and play field improvements in this report are consistent with the Hidden Valley Park Master Plan completed by Brauer and Associates in 2000. The Master Plan reviewed all amenities of the park. A full list of the improvements is included in Appendix E. 36' Avenue Street Improvements 21 Staff recommends the following prioritization for the Park improvements: 1. Play Field Reconstruction with excess material from 36 Avenue 2. Bituminous Trail Reconstruction 3. Reconstruct Hockey Rink with Paved Surface 4. Pond Improvements with New Pedestrian Bridge at Pond 5. New Basketball Court 6. Tennis Court Reconstruction 7. Picnic Shelter added to existing Park Shelter Building 8. Boardwalk Through Natural Area 9. Neighborhood Area Improvements a. Restroom Enclosure b. Drinking Fountain c. Picnic Areas d. Vegetation Screening 10. New Parking Area East of Sonneysn School — It is recommended that the cost of this improvement be assessed to Robbinsdale School District. The following sections include additional discussion on these items. 1. Play Field Reconstruction Three ball fields currently exist on the Sonnesyn School and Hidden Valley Park property. Two are located behind the school (to the west) and one is located to the south. Refer to Figure 12A. The elevations, existing drainage patterns across the fields, and layouts are poor. The reconstruction of 36 Avenue will generate approximately 17,000 CYs of excess material. The construction of the St. Joseph storm water pond will generate another 7,000 CYs of material. Reconstructing the play fields will require additional material to achieve appropriate grades. Reconstructing the play fields in conjunction with the street improvements will reduce costs for both projects. It is estimated that material - exporting costs will be reduced by $120,000 if all material from the street and pond construction is placed in the ball fields. In accordance with the Master Plan, the two ball fields west of Sonnesyn will be reconstructed and reoriented. Refer to Figure 12A. The foul line length of the ball fields will be 200 feet 36 th Avenue Street Improvements 22 consistent with youth ball programs. The outfields will also be configured to accommodate a soccer /football field. The ball field south of Sonnesyn in Hidden Valley Park will be replaced with a full size soccer field with a grass running track around the border. A trail system is also proposed around the play fields. The trails will be connected to existing pavement near the school buildings and other trails within Hidden Valley Park. A wood chip trail connection to St. Joseph's Property is also included. All trails are 10 feet wide. 2. Hidden Valley Trail Reconstruction All trails within Hidden Valley Park would be reconstructed. Most trails are in poor condition and were identified for reconstruction in the Park Trail Evaluation Report — 1999. The trails would either be reconstructed entirely or reclaimed and overlaid. The report includes widening all trails to 10 feet. Most trails are currently 8 feet wide. 3. Hockey Rink Reconstruction The existing rink and boards are in very poor condition. Drainage in the area of the rink is also poor. The proposed improvements include reconstruction of the rink including: • Improved base material • A paved surface for all season use (in -line skating) • Improved drainage with drain the and storm sewer as required • Replacement of boards • Improved access for maintenance Refer to Figure 12B for the location of the hockey rink. 36 "' Avenue Street Improvements 23 4. Hidden Valley Park Pond with Pedestrian Bridge It would be efficient for pond improvements to be constructed in conjunction with the 36 Avenue reconstruction. The material excavation is similar work and therefore could be bid competitively. Also, the disturbance caused by the pond construction could coincide with the other construction activity. Pond excavation is included in specific locations to improve the water quantity storage and quality. Pond cells will be constructed at the perimeter of the existing pond to capture runoff and sediments from 32 Avenue and Boone Avenue. Storm sewers will be modified slightly to direct the storm water. Other areas of the pond will be excavated to create natural buffers and storage /treatment cells. The pond excavation adjacent to the shelter would be constructed to provide an improved open skating area. Refer to Figure 13. Approximately 14,000 CYs of material will be excavated as part of these pond improvements. It is anticipated that the material will be of poor quality and require export to a different site. The material will not be used as part of the reconstruction of the playfields. The existing bridge does not comply with building code /structural requirements and is in need of replacement. Changes in the existing pond configuration will also require a longer bridge. The cost estimate assumes the construction of a long pedestrian bridge similar to the bridges in Northwood Park. A full size basketball court is proposed along Boone Avenue north of the tennis courts. A t /2 size court is also included near Sonnesyn School and the play fields. The 1 /2 size court is included in the play field reconstruction. Refer to Figure 12B for the location of the courts. Reconstruction of the courts and fences is included in the report. This improvement is consistent with other recent tennis court improvements at Civic Center, Meadow Lake, Sunny Hollw, and Begin Parks. Avenue Street Improvements 24 6. Park Structures Several park structures and improvements were cited in the Master Plan and included in this report including: • Picnic Shelter — A Picnic area would constructed adjacent to or connected to the existing park shelter. This is in the same vicinity as the play equipment area and the hockey rink. • Boardwalk — This structure is proposed through a natural area immediately south of the new full -size soccer field. It would also be a trail entry point into the park from Boone Avenue. ® Neighborhood Improvements — This includes several basic park needs including a restroom enclosure, a drinking fountain, and other picnic areas. Vegetative screening would be provided in specific locations to buffer adjacent residences and portions of the park. r 0= The need for additional parking was identified in the Master Plan. A new Parking Area East of Sonnesyn School with approximately 30 stalls would provide additional parking for the play fields. The parking area is identified in Figure 12A and B on the southeast corner of the school property. It is recommended that the cost of this parking area be assessed to Robbinsdale School District. The scope of this improvement must be reviewed with School District representatives. Avenue Street Improvements 25 A detailed cost estimate is presented in Appendix A located at the back of this report, which is also summarized below. The total estimated project cost, including both 36 Avenue and Hidden Valley Park is $3,880,000. The estimated project cost includes 10% contingencies and 25% indirect costs. Indirect costs include administrative, engineering, construction interest, and legal expenses. 36 Avenue: Street /Sidewalk $1,802,000 Regional Trail 107,000 Storm Water 562,000 Street $258,000 St. Joseph's $304,000 Water Main 401,000 Sanitary Sewer 98,000 Subtotal $2,970,000 Bury Overhead Utilities $200,000 Hidden Valley Park Play Field Reconstruction $375,000 Bituminous Trail Reconstruction 45,000 Reconstruct Hockey Rink 80,000 Pond Improvements with Bridge 421,000 New Basketball Court 40,000 Tennis Court Reconstruction 100,000 Picnic Shelter 40,000 Boardwalk 40,000 Neighborhood Area Improvements 30,000 New Parking Area East of Sonnesyn 100,000 Subtotal $1,271,000 TOTAL $4,441,000 Costs associated with easement acquisition are estimated at $90,000. Avenue Street Improvements 26 AREAS f BE 1 ;1 Property proposed to be assessed is commercial /industrial and non - taxable property such as churches. In the case of this project, the non - taxable property is St. Joseph's Church. The parcels proposed to be assessed are summarized below: Assessment Area — Parcel Identification Section 18, S 1 /z Parcel 33 -0102 (Mobil) Parcel 33 -0103 (Post Haste Square) Parcel 34 -0083 (City of New Hope) Parcel 44 -0005 (Printmakers) Section 19, N 1 /2 Parcel 21 -0001 Parcel 22 -0140 to 0142 (St. Joseph's Church) (NW Professional Bldg.) Avenue Street Improvements 2 Assessments are proposed to be levied against the benefited commercial /industrial and non- taxable property. The New Hope Pavement Management Plan and recent street levy adoption indicates assessments are not required against residential property to finance street maintenance improvements for this project and others, now and into the foreseeable future (15 years). The assessments to commercial /industrial and non - taxable property are presented in Appendix B located at the back of this report. The assessment rate is determined by taking the street/storm cost and dividing by the front foot of street improvement in 36` Avenue. The estimated assessment rate and calculation is stated below: Commercial /Industrial/Non- Taxable Property = $175.00 /FF Calculation: Street $1,462,000 Storm Sewer 258,000 $1,720,800 36` Avenue Length = 4,780 lineal feet (9,560 front feet) Assessment Rate = $1,720,800 - 9,560 FF = $180.00/FF 36" Avenue Street Improvements 28 Revenue to cover the cost of this project is as follows: 36` Avenue: Hidden Valley Park: Overhead Utilities Revenue: Municipal State Aid Water Sewer Fund Assessments Street Funds Storm Water Funds Park Funds Robbinsdale School District 281 Hennepin Parks Total Improvement Cost Revenue $2,970,000 $1,271,000 $200,000 $4,441,000 $1,906,390 499,000 257,420 571,190 625,000 375,000 100,000 107,000 $4,441,000 New Hope's State Aid fund balance and expected 2002 allotment is summarized below. It's assumed for purposes of this report, New Hope's existing construction fund balance and their 2002/2003 state aid construction allocation will be used to finance this project. Approximately $2,000,000 of project cost is eligible for state aid funding. State Aid Construction Fund Balance 9/01/01 $940,390 2002 Estimated Construction Allocation 483,000 2003 Estimated Construction Allocation 483,000 Total $1,906,390 36` Avenue Street Improvements 29 Present Feasibility Report /Schedule Public Meeting Authorize Plans and Specs for Bidding/ Schedule Public Hearing Public Meeting Public Hearing Approve Plans and Specifications for Bidding Open Bids /Award Contract Substantial Construction Completion Final Completion Assessment Hearing First Payment Due January 14, 2002 January 28, 2002 February 2002 February 25, 2002 February 25, 2002 April 8, 2002 Fall 2002 Summer 2003 Summer 2003 May 2004 36 "` Avenue Street Improvements 30 36th Avenue - Signal System Item Unit Price Total Price 1 LS Full T act T control signal system $165,000.00 $165,000 Subtotal $165,000 +10% Contigencies $16,500 Construction Total $181,500 +25 % indirect Costs $45,400 Total 36th Avenue - Signal System $227,000 Boone Avenue - Street Improvements Unit Item Quantity Unit Item Unit Price Total Price 1 LS Mobilization $15,000.00 $15,000 1 LS Traffic control $2,000.00 $2,000 346 TON Type 41 bituminous wear course $34.00 $11,764 200 GAL Bituminous material for tack coat $2.00 $400 1 LS Restoration $2,000.00 $2,000 1 LS Pavement markings $2,000.00 $2,000 30 SF Street signage $100.00 $3,000 90 LF Remove concrete curb $5.00 $450 100 LF 6618 concrete curb and gutter $9.00 $900 50 SF Remove pavement $0.75 $38 1 EA Remove ex. structures $500.00 $500 1 EA 2'x3' catch basin $1,200.00 $1,200 4 EA Adjust frame and casting $350.00 $1,400 10 LF 15" PVC, SDR 26 pipe $50.00 $500 80 LF Sawing bituminous pavement $100 $240 11 CY Topsoil borrow (CV) $12.00 $132 3230 SY Mill Bituminous Pavement $2.00 $6,460 Subtotal $47,984 +10% Contigencies $4,798 Construction Total $52,782 +25% Indirect Costs $10,689 Total Boone Avenue - Street Improvements $63,000 36th Avenue Regional Trail Quantity Unit Item Unit Price Total Price 2230 SF Remove sidewalk $0.75 $1,673 1 LS Remove retaining wall $400.00 $400 784 CY Common excavation (EV) $8.00 $6,272 754 CY Salvaged class 5 aggregate $8.50 $6,409 311 TON Type 41 bituminous wear course $40.00 $12,440 450 SF Modular block retaining wall $22.00 $9,900 40 CY Topsoil borrow (LV) $12.00 $480 400 SY Sodding, type lawn $2.50 $1,000 Subtotal $38,574 +10% Contigencies $3,857 Construction Total $42,431 +25% Indirect Costs $10,600 Total 36th Avenue - Regional Trail $53,000 36th Ave. North 2 City Project No. 623 1/9/2002 Boone Avenue - Regional Trail $187,435 +10% Contigencies Quantity Unit Item Unit Price Total Price 10200 SF Remove sidewalk $0.75 $7,650 750 CY Common excavation (EV) $8.00 $6,000 600 CY Salvaged class 5 aggregate $8.50 $5,100 355 TON Type 41 bituminous wear course $40.00 $14,200 150 CY Topsoil borrow (LV) $12.00 $1,800 1800 SY Sodding, type lawn $2.50 $4,500 3 EA Bulkhead storm sewer Subtotal $39,250 1 LS Move and replace storage bldg. +10% Contigencies $3,925 Construction Total $43,175 +25% Indirect Costs $10,800 Total Boone Avenue - Regional Trail $54,000 Storm Sewer - 36th Avenue $187,435 +10% Contigencies Quantity Unit Item Unit Price Total Price 1 EA Abandon ex. storm manhole $500.00 $500 100 LF Salvage and reinstall fence $20.00 $2,000 16 EA Remove ex. structures $500.00 $8,000 2 EA Remove ex. RC flared end $200.00 $400 36 LF Remove ex. 36" steel pipe $25.00 $900 1290 LF Remove ex. RC pipe $15.00 $19,350 3 EA Bulkhead storm sewer $500.00 $1,500 1 LS Move and replace storage bldg. $2,000.00 $2,000 8 Tree Clearing $200.00 $1,600 8 Tree Grubbing $150.00 $1,200 2 EA Connect ex. pipe to manhole $500.00 $1,000 5 EA Connect to ex. manhole $1,000.00 $5,000 2 EA Connect to ex. 36" RC pipe $750.00 $1,500 1 LS Extend storm leads $1,000.00 $1,000 225 LF 48" RC pipe $100.00 $22,500 88 LF 36" RC pipe $60.00 $5,280 370 LF 24" RC pipe $40.00 $14,800 190 LF 24" PVC, SDR 26 pipe $32.00 $6,080 870 LF 21" PVC, SDR 26 pipe $30.00 $26,100 50 LF 18" PVC, SDR 26 pipe $28.00 $1,400 100 LF 15" PVC, SDR 26 pipe $25.00 $2,500 500 LF 12" PVC, SDR 26 pipe $22.00 $11,000 35 LF 4" PVC, SDR 26 pipe $15.00 $525 1 EA 48" RC flared end $2,500.00 $2,500 20 CY Class 3 random riprap $80.00 $1,600 1 EA 6' diameter manhole $4,000.00 $4,000 8 EA 4' diameter manhole $1,800.00 $14,400 1 EA 4' diameter CB manhole over ex. Pipe $2,500.00 $2,500 2 EA 4' diameter CB manhole $1,800.00 $3,600 16 EA 2'x3' catch basin $1,200.00 $19,200 1 EA Sump box $500.00 $500 60 CY Topsoil borrow $15.00 $900 700 SY Soddinq, type lawn $3.00 $2,100 Subtotal $187,435 +10% Contigencies $18,744 Construction Total $206,179 +25% Indirect Costs $51,500 Total Storm Sewer $258,000 36th Ave. North 3 City Project No. 623 1!912002 Storm Sewer - St. Joseph's $221,146 +10% Contigencies Quantity Unit Item Unit Price Total Price 26 Tree Clearing $200.00 $5,200 26 Tree Grubbing $150.00 $3,900 1 LS Clear and grub $5,000.00 $5,000 1 EA Connect to ex. storm manhole $1,000.00 $1,000 1 EA Connect to ex. 21" RC pipe $750.00 $750 95 LF Remove ex. RC pipe $15.00 $1,425 3 EA Remove ex. RC flared end $200.00 $600 1 EA Remove ex. structure $500.00 $500 280 LF Remove curb and gutter $5.00 $1,400 750 SY Remove bituminous pavement $3.00 $2,250 1 LS Remove creosote timbers $3,000.00 $3,000 200 LF Sawing bituminous pavement $3.00 $600 7020 CY Common excavation (EV) $6.00 $42,120 1 LS Common borrow/grading/shaping - trail $10,000.00 $10,000 200 SY Subgrade preparation $5.00 $1,000 700 CY Aggregate base, class 5, salvaged $8.50 $5,950 40 TON Type 41 bituminous wear course $40.00 $1,600 50 TON Type 31 bituminous base course $35.00 $1,750 10 GAL Bituminous material for tack coat $5.00 $50 550 SY Bituminous and aggregate patching $16.00 $8,800 280 LF B612 concrete curb and gutter $10.00 $2,800 670 LF 36" RC pipe $60.00 $40,200 520 LF 30" RC pipe $50.00 $26,000 50 LF 24" RC pipe $40.00 $2,000 35 LF 21" RC pipe $35.00 $1,225 40 LF 12" PVC, SDR 26 pipe $22.00 $880 128 LF 2" Insulation $2.00 $256 4 EA 5' diameter manhole $2,300.00 $9,200 3 EA 5' diameter CB manhole $2,300.00 $6,900 1 EA 4' diameter manhole $1,800.00 $1,800 1 EA Skimmer Structure $3,500.00 $3,500 1 EA 30" RC apron $1,400.00 $1,400 1 EA 24" RC apron $1,000.00 $1,000 55 CY Class 3 random riprap $80.00 $4,400 220 CY Topsoil borrow $15.00 $3,300 80 SY Sodding, type lawn $3.00 $240 5.1 AC Seeding $1,500.00 $7,650 1 LS Restoration - trail $3,000.00 $3,000 1 LS Plantings $2,000.00 $2,000 1 LS Erosion control $6,500.00 $6,500 Subtotal $221,146 +10% Contigencies $22,115 Construction Total $243,261 +25% Indirect Costs $60,800 Total Storm Sewer - St. Joseph's $304,000 36th Ave. North 4 City Project No. 623 1/9/2002 APPENDIX B PRELIMINARY ASSESSMENT ROLL 36th Avenue Street Improvements (Winnetka Avenue to T.H. 169) Project No. 626 January 2002 Section 19, N 1 /2 Parcel 21 -0001 (St. Joseph's) 570 $180 102,600 Parcel 22 -0140 to 0142 (NW Professional Bldg.) 242 $180 43,560 $237,420 75 FF was previously assessed under 36th Avenue Project No. 486 (Total FF = 125; 125 - 75 = 50) (2) Assessment Rate = ($1,462,800 (Street) + $258,000 (Storm Sewer)) _ 2 (4,780 LF) _ $180 /FF 0 Assessable Assessment Parcel Description Footage Rate Total Section 18, S' /z Parcel 33 -0102 (Mobil) 240 $180 (2) $43,200 Parcel 33 -0103 (Post Haste) 167 $180 30,060 Parcel 34 -0083 (New Hope) 50 $180 9,000 Parcel 44 -0005 (Printmakers) 50 0) $180 9,000 Section 19, N 1 /2 Parcel 21 -0001 (St. Joseph's) 570 $180 102,600 Parcel 22 -0140 to 0142 (NW Professional Bldg.) 242 $180 43,560 $237,420 75 FF was previously assessed under 36th Avenue Project No. 486 (Total FF = 125; 125 - 75 = 50) (2) Assessment Rate = ($1,462,800 (Street) + $258,000 (Storm Sewer)) _ 2 (4,780 LF) _ $180 /FF 0 a �KNESO r' ro s a � �.. 4 Minnesota Department of Transportation Metropolitan Division Waters Edge 1500 West County Road B2 Roseville, MN 55113 December 14, 2001 Mr. Guy Johnson City of New Hope 4401 Xylon Ave N. 1 11'' , 1ew Hope, MN 55428 RE: SAP 182- 106 -11 36t Avenue North Phone :651- 582 -1407 Fax :651- 582 -1368 Dear Mr. Johnson: i have reviewed the analysis that was performed by Jim Benshoof, from Benshoof & Associates. The analysis of 36 Avenue and Boone Avenue intersection indicates the intersection will perform at a level of service (LOS) B signalized (as stated in an August 28, 2001 letter from Vince Vander Top of Bonestroo Rosene Anderlik & ASSOCiates). Further analysis, submitted with a letter from you dated October 18, 2001 shows that the proposed lane design of 36 Avenue will perform at a LOS B or C depending upon direction and time of day. This second analysis also assumed a signalized intersection of 36 Avenue and Boone Avenue. the two This analysis is sufficient in showing that the two lane design of 36 Avenue is adequate in regards to capacity and fulfilling State Aid requirements of LOS D or better. However, the analysis assumes that the 36 Avenue, /Boone Avenue intersection is signalized. A Signal Justification Report (SJR) has not been received in our office to date. An SJR needs to be prepared for all new installations of traffic control signals and will need to be approved in order for the signal to be eligible for State Aid funding. Altr a two lane roadway (with a traffic signal at 36" Ave. /Boone Ave.) is sufficient when considering the capacity of 3.6 Avenue, I would like to encourage you to consider a continuous center left turn lane design because it will be safer for left turning vehicles. An equal opportunity employer Mr. Johnson Page 2 One other item to consider, is that there appears to be some local opposition to signalizing the 36 Ave./Boone Ave. intersection as indicated by phone conversations that I have had with staff of the House of Representatives and a couple of citizens. I am sure you are fully aware of the citizens concerns and I only point this fact out to ensure of your awareness. I'd be happy to discuss the above comments with you. Sincerely, Dan Erickson Assistant Metro State Aid Engineer cc: Mark Hanson Kevin HoQ!und LLJ Li Li Li 0 0- 0 m cf) I �J 36TH AVENUE NORTH — TIE I EXISTIN APPROXIMATE SCALE 0 60' Ll Z LLJ > < (D cn GIN T PE R TO ❑ L PISTINq CURB 5' JSIDEW�ALK <--- PARKING BAY 1 0' TRAIL 22'wib--H I E D CITY OF NEW HOPE Be4SHOOF & ASSOCIATES, INC. TRANSPORTATION ENGINEERSAND PLANNERS LLJ Li TRAFFIC REVIEW FOR 36TH AVENUE NORTH 32' WIDTH n FIGURE 15 RECOMMENDED PLAN FOR 36TH AVENUE NORTH (I OF 5 SHEETS) Li I v w w D ::D W z 0 > w Q > Q z � Ln u Li < v Li 5' SIDEWALK 32' WID w z w Q z CD v� z w 10' TRAIL C 38' WIDTH 1:1 10'TAPER LENGTH IG BAY '_U" I Ah'CH LENGTH N APPROXIMATE I \ SCALE -� CITY OF NEW HOPE FIGURE 15 TRAFFIC REVIEW -J FOR 36TH AVENUE RECOMMENDED PLAN FOR 0 60' NORTH 36TH AVENUE NORTH BENSHOOF & ASSOCIATES, INC, (2 OF 5 SHEETS} TRANSPORTATION ENGINEERS ANDPUNNERB z R 100' FULL WIDTH LANES] �10' TRAIL T 0 0 m N APPROXIMATE t SCALE I%W-mmml • 0 60, N APPROXIMATE SCALE 0 60' NOR7 ° ° pgRk�q Y n w i 32' WIDTH N APPROXIMATE SCALE 0 60' 1r BEGIN C 5 SIDEWALK EXISTING CURB • Q U Li D z w Q w z z Hidden Valley Park Master Plan Project City of New Hope, Minnesota Date: June 12` 2000 Project: Hidden Valley Park Master Plan Program Statement The following defines the basic program statements for the project area based on input from the Sonnesyn School and interested residents taken from a series of meetings held with the school and neighborhood residents. Note that the list of items to be considered for the project is simply a collection of ideas and thoughts that were felt to be worth considering as part of the design process. The following is a consolidated list of program elements taken from the meeting held with Sonnesyn School on February 2 " 2000 and neighborhood meetings held on March 6` and April 11� 2000 Athletic Fields: • Soccer and football field space (school) 1/4 mile running track (school) • (2) improved ballfields • Add full size soccer field Site Amenities to Retain: Keep hills for cross - country skiing (school) • Keep 3 tennis courts & improve • Keep hockey rink & improve with paved surface • Keep sledding hill open Site Amenities Desired: • Portable restroom for athletic fields • Portable restroom in park area • Additional parking for athletic events • Sand volleyball court • Pedestrian lighting Drinking fountain by play area Picnic shelter • Picnic spaces with tables and grills Hardcourts: One full basketball court for school • Hardcourt space for school • One full basketball court for park Ecological / Environmental: Improved pond • Natural areas Educational signage • Vegetative screening in various areas Trail Systems: • Regional Trail system along periphery • Park trail systems with More loops and wider width • New pedestrian bridge over pond • Boardwalk through the natural areas. Benches along trails • Informal / natural trail through church area O z Ld to . ... . ..... . ....... . .. 42Kln AVE KI: . ... ..... . . .... - - - ------- Ld Ld z 0 R m (ROCKFORD RD I 36th AVENUE- PROJECT 626 O 36TH AVE N ✓ ............. . . . . ....... ... ... . ...... ...... . . .................. . . . . . . . . . . . .............. . . ... . ..... - - - ------- Ld Ld z 0 R m (ROCKFORD RD I 36th AVENUE- PROJECT 626 O 36TH AVE N ✓ ............. . . . . ....... ... ... . ...... ...... .. . ....... . ... ..... MEDICINE LAKE RD 27TH AVE N (CO RD I` Sc ale m feet �� .M � NEW HOPE, MINNESOTA FIGURE 1 36th AVE N (TH 169 to WINNETKA AVE N) CITY PROJECT No. 626 K:\34/34217\34217F05.DWG JANUARY 2002 COMM. 34217 . . .................. . . . . . . . . . . . .............. i Ld LLJ 32ND ...... . ........ AVE N .. . ....... . ... ..... MEDICINE LAKE RD 27TH AVE N (CO RD I` Sc ale m feet �� .M � NEW HOPE, MINNESOTA FIGURE 1 36th AVE N (TH 169 to WINNETKA AVE N) CITY PROJECT No. 626 K:\34/34217\34217F05.DWG JANUARY 2002 COMM. 34217 z aunow iso wd 9-va- IM LI D Ln rn P m m m --I z < X 0 - 0 0, I -i m z 0 p O U) m Z 0 ,� j � 01 z > K m A z LA m M . I .R. � 0 NP I O F IIVUJ. 313HON004:1 9 'QAla '14 9 - aGIM 1=1 It - 3NVI @GIM 1=1 LI - BNVI ONDINV8 i NOIi n j 91 9t 8-0 q `0 � 9 alq�I-A '9T 9' '80 '8 cc HiN N - 7HI= , nn NOIL IOM98 IV 3NV VNIAMA �IVNOIS OIddVF11 N0110nUISN0038 133UIS GN3 - IIVUI 912HON0013 9 IIVUI 213HONO3 *U 0 3 clim U - 3NVl !DNINUV TI T ---------- i c 9 IhIV and IIVMI BISHONOO *):J 9 IIVUJ. BlaUONOO 1:19 l Z3aIM I 'I:JR-3NVI?DNDIHVJ 9UD� ujn_L j@juq3/m U01439JI(] qOD� 9UD� quo 218VIUVA'0AIS SU bul�JDd 4 — U01409S 9UDt 9GJq1 10 1 9 I : - j (64) (72) (71) '1-c—o (70 8) L) : , L- 3657 3609 3617 CP I 3625 2: 0 0 ---------------- ---------------- ------------------------ ---------------------------- --------- -------- Y 1 16 ' TW�� 6KU 12' P 1 6' 1 ------ L�L 30 TA 1 2' -0 12' 12 30:1 TAPER 12' 12' 16 16' 1 N — G --- --------- j - PARF 10 PARKING _° °° -------------------------------------------------- ------- ----- -------------------------------------- --------- ---------- A - 5 00 L) Z x EO z C) C 1 0 > 15 16'12 16' S n 35 16 RS 1 8624 17 L TOYr SOUTH TOWERS 36) (93) E (21) 6 0 3512 < 8617 (2) 13541] TRAFFIC STUDY BENSHOOF & ASSOCIATES, INC. L z 8700 73) 'j i 0 16' 1 16' 7 (72) 8 (64 i ) z (70) 3657 60 I . I� �) 9 _! 3609 0 3625 ❑ JA M ------------ ----------- - -- C: ---------------- ------------------------------------------ ------ k. 13' k. 10' PARKING 10 PARKING 12' 14' 11' 12' 12' .0 11 -0 f 11 r —,3— 12' 10 PARKLt�G. ......... ..................... 7!° 13' - 16* 13' ,0,. TAPE -------------------------------------- ----------- 1-0'-PAR-Kl-NG- - — - — - — — - — - 15 > 35) z MCD o 0 Z �A TF( < 16'12 16' TOWERS 8, SOU TH TOWERS < 7 8 2 (31) (93) ( 1 ❑ 8609 3512 0 13548 21) 4 3554 8617 I F ALTERNATE RIGHT TURN LANE SOUTH BOUND BOONE AVENUE N BOONE AVENUE N Bonestroo ftlhl.l� Rosene NEW HOPE, MINNESOTA FIGURE 3 Anderlik & Associates 36th AVENUE N (T.H. 169 to WINNETKA AVENUE N.) Engineers A Architects CITY PROJECT No, 626 l�\34\34217\CAD\ci 0110312002 1044;54 AM CST 1:\34\3498217 JANUARY 2002 COMM. 34-98-217 (73) 0 8700 Z < Co D 16' 12 16' 00 '0 M C! — -------------------------------- -- ------------ - ----------------------- 10 1 9 I : - j (64) (72) (71) '1-c—o (70 8) L) : , L- 3657 3609 3617 CP I 3625 2: 0 0 ---------------- ---------------- ------------------------ ---------------------------- --------- -------- Y 1 16 ' TW�� 6KU 12' P 1 6' 1 ------ L�L 30 TA 1 2' -0 12' 12 30:1 TAPER 12' 12' 16 16' 1 N — G --- --------- j - PARF 10 PARKING _° °° -------------------------------------------------- ------- ----- -------------------------------------- --------- ---------- A - 5 00 L) Z x EO z C) C 1 0 > 15 16'12 16' S n 35 16 RS 1 8624 17 L TOYr SOUTH TOWERS 36) (93) E (21) 6 0 3512 < 8617 (2) 13541] TRAFFIC STUDY BENSHOOF & ASSOCIATES, INC. L z 8700 73) 'j i 0 16' 1 16' 7 (72) 8 (64 i ) z (70) 3657 60 I . I� �) 9 _! 3609 0 3625 ❑ JA M ------------ ----------- - -- C: ---------------- ------------------------------------------ ------ k. 13' k. 10' PARKING 10 PARKING 12' 14' 11' 12' 12' .0 11 -0 f 11 r —,3— 12' 10 PARKLt�G. ......... ..................... 7!° 13' - 16* 13' ,0,. TAPE -------------------------------------- ----------- 1-0'-PAR-Kl-NG- - — - — - — — - — - 15 > 35) z MCD o 0 Z �A TF( < 16'12 16' TOWERS 8, SOU TH TOWERS < 7 8 2 (31) (93) ( 1 ❑ 8609 3512 0 13548 21) 4 3554 8617 I F ALTERNATE RIGHT TURN LANE SOUTH BOUND BOONE AVENUE N BOONE AVENUE N Bonestroo ftlhl.l� Rosene NEW HOPE, MINNESOTA FIGURE 3 Anderlik & Associates 36th AVENUE N (T.H. 169 to WINNETKA AVENUE N.) Engineers A Architects CITY PROJECT No, 626 l�\34\34217\CAD\ci 0110312002 1044;54 AM CST 1:\34\3498217 JANUARY 2002 COMM. 34-98-217 I 4 Can 4 Go 1 5' 7 it' 1 ii' it' S' 1' S' I _ W5' Parking Driw Lm. Driw Lon. Lii �-k 100E— I. mui« Bela canasta Curb SEE INSET 36th AVENUE STREET SECTION -35 +00 WITH PARKING NORTH SIDE NDHM t sum R/W � 3Y I 1 N -.. - �4 Convet. 4• Ganul« 9818 Con«.t. C.r SEE INSET e th AVENUE STREET SECTION -33 +50 NO PARKING RQM t mumi R/W 40' 4 S' 18' ii' Y 10.33' Wdk t Orin Lan. bl» Lm Parknq Wdk I !• Canmt. 4' ponul« 8018 Can«.t. Curb SEE INSET a� th AVENUE STREET SECTION -30 +00 PARKING SOUTH SIDE PROP. R/W NDAItf t <nITM R/W 4D' V«1u 33' WEST k 40 EAST q , 12' DrM Tum lan. � IlWlk 1 111 Tyypp4tA 011 W.ar Cwrw Z. 1 Aqq. Ba.. 100E Cru.hea 8010 Concral. Ltits / SEE INSET n h AVENUE STREET SECTION -25 +50 TURN S AT BOO NE AVENUE NORTH Ls• r,pe 4, BRammw. W.or Counm i BIWmNOUa Wear Couras z' T. 3i "it a. Bma« — i t /2' BBammaa. Blne« c«,ma 4• r,9. a, euamm«,. i2' CIBe. S Aggnyata 8me 12 Ag9reyota Bo.a 12' panular a..a 3a' A S' 1Y ,1' 11' a' 11 1' W P g OrM Lan. Driw 11' 1 Lm. Lm. Wdk 4' panul« 8' Qau S Aqq. Bou 100E Cru.B.d 8018 C —t. Curb L \34 \34217 \Cad \dw9\34217E17A,dwq 01/03/2002 05 :3512 PM CST I FIG 4 SEE u+SET 36th AVENUE STREET SECTION- 22+0 0 � e 5 WITH PARKING NORTH SIDE iC R/W NORTH t mim B. e 1J a R/W 5' a' - OI k .. Wtlk Lon. Driw Lm. Driw Lan. Lan. 78 =— 100E 4, C�ran«Wtar ~- Y Ti�. 41A BIL Wav a Clou pp C.— 5 A9i Ba.. 100E CrvN.d- 0 x R j Bala caa«.t. C r,t, i BEE 36th AVENUE STREET SECTION -15 +0 0 aF INSET NO PARKING t^ r R/W NMTH 4v t Sam 4V R/W 1Y 3.13' 0 0 m 0 `Mrtlr b� Lan. 1 DrM Lan. � OrIVA Lan. Parking � Waik O 0 C m y f t - _. _....— __.._ 10DF .....___.. —.._ mlLQQ s 4' pawl«• —_ _ ����2: 1 S ASt ass. 100E eats unar.t. arc e _ SEE IRSEi 6th AV N 7 STR ET TION -11 +00 PARKING SOUTH SIDE EA Z N R/W ham t scm R/W Z 41 O 40' 40' K i 5' Uy "k k 10' Dr Lm. Tum L.. Tum Lm. Orlw BIL Wafi O Z F Z F Can«. �- 2' A Tw. 4) BBL Yf.ar Caam 4 • • pmW _ a Qeu S A99. BIN. IOOF pvMW C y am . Z Bata Con«.0 Curb - - � •C Ql W SEE wsET ,36th AVENUE STREET SECTION -6 +25 0 p TURN LANES AT HILLSBORO /JORDAN AVENUES - d a w O S :E v R/W ROHM 13' -w' t Num R/- Z Zcr 4! 12' 1Y 10' 7 -4' cn r WykT P«kN9 _ �. P«kn9 q•_a� , a• T Walk I 1 (W� ..�+ L \34 \34217 \Cad \dw9\34217E17A,dwq 01/03/2002 05 :3512 PM CST I FIG 4 NEW HOPE, MINNESOTA 36th AVENUE N (T.H. CITY PROJECT 1:\34\34-98-217 FIGURE 5 169 to WINNETKA AVE. N) No. 626 JANUARY 2002 AQUILA AVE z 0 T m YUKON - gp 1 3 2 31 Bonestroo Rosene Anderlik & Associates Engineers & Architects 1. 01/03/2002 12:4*18 I'M CST COMM. 34-98-217 r -now BOONE.,. 4 GC ..... - 3611 C IN LLJ RIVER - - ------ -- a ..... . ...... .... ...... . ..... ..... 36TH AVE NEW HOPE, MINNESOTA 36th AVENUE N (T.H. CITY PROJECT 1:\34\34-98-217 FIGURE 5 169 to WINNETKA AVE. N) No. 626 JANUARY 2002 AQUILA AVE z 0 T m YUKON - gp 1 3 2 31 Bonestroo Rosene Anderlik & Associates Engineers & Architects 1. 01/03/2002 12:4*18 I'M CST COMM. 34-98-217 r -now GC THREE PARK :7 IN ... ........... .. RIVER - - ------ -- FIRST TIER! TRAIL RILLS5bRO', . . ..... .......... --- LLJ C" Cl/� ------- 33RD w < .. . ..... .... uj i C)� D j CY) . . . ......... " > 35TH ......... ...... >: < < AVE N E NS . 0 /GN .................. .. 0 -------- o! m Z Ld 34 2 AVE N z �Ljll NEW HOPE, MINNESOTA 36th AVENUE N (T.H. CITY PROJECT 1:\34\34-98-217 FIGURE 5 169 to WINNETKA AVE. N) No. 626 JANUARY 2002 AQUILA AVE z 0 T m YUKON - gp 1 3 2 31 Bonestroo Rosene Anderlik & Associates Engineers & Architects 1. 01/03/2002 12:4*18 I'M CST COMM. 34-98-217 r GC :7 LLJ 33RD FLAI3bT . .. . ....... . . . . ......... " > >: < < E NS . /GN 0 -------- o! m Z Ld AVE N uj Cn ------- ...... ..... z L'i C) L'i 0 200 400 Scale In feet NEW HOPE, MINNESOTA 36th AVENUE N (T.H. CITY PROJECT 1:\34\34-98-217 FIGURE 5 169 to WINNETKA AVE. N) No. 626 JANUARY 2002 AQUILA AVE z 0 T m YUKON - gp 1 3 2 31 Bonestroo Rosene Anderlik & Associates Engineers & Architects 1. 01/03/2002 12:4*18 I'M CST COMM. 34-98-217 �PK PKWY . . . . ...... Ql R Ct'� 3 rlRCLE .36TH 4LN --- -REI' KCE T EX* 3' STEEL W/ > ST. JOSEP's CATHOLIC -NEW PIS" Rc� L CHURCH EsJ z < CE WIN HIDDEN 33RD- 8 CT VALLEY L PARK Li i V ... ....... VE N > :< F I pL N /V .......... z z > 32ND AVF N E 1 F`_� C7. F F7 F7 I X. 2 NEW 8 > 35TH AVE N 30" RCP z SONNESYN C'1" ELEMENTARY in z L SCHOOL EXTEND l) F _-Z HIDDEN 33RD- 8 CT VALLEY L PARK Li i V ... ....... VE N > :< F I pL N /V .......... z z > 32ND AVF N E 1 F`_� C7. F F7 F7 I 32ND r_ (1) improvement # - See Report Section-Storm Water for a description of each improvement. NEW HOPE, MINNESOTA FIGURE 6 36th AVENUE N (TH 169 to WINNETKA AVE N) CITY PROJECT No. 626 K: \34 \34217 \3421 JANUARY 2002 COMM. 34217 Bonestroo Rosene Anderlik & Associates 35 1 V2 AV N > 35TH AVE N < z 34TH PL N z 34TH AVE N 0 0 C 33 PL N 2D AVE N 4 32ND r_ (1) improvement # - See Report Section-Storm Water for a description of each improvement. NEW HOPE, MINNESOTA FIGURE 6 36th AVENUE N (TH 169 to WINNETKA AVE N) CITY PROJECT No. 626 K: \34 \34217 \3421 JANUARY 2002 COMM. 34217 Bonestroo Rosene Anderlik & Associates I [me A v T6 rh — L N o r J � , • �ROPOSE.p TOIZIM if I (D Q) C - Q) > C < Q) C: 0 (00 W I -------- --- < I PROPOSED PROPOSED POND NWL-929 . 5 PROPOSEDO STORM SEWER HWL-932.0 TORM SEWER • FROM 35th AVENUE/ EXTENSION ENSIGN AVENUE DGE OF TREES L UTILITY, DRAINAGE ? AND POND EDGE OF EASEMENT STORM SEWER — ST. JOSEPH'S Bonestroo Rosene NEW HOPE, MINNESOTA Anderlik & FIGURE 7 Associates 36th AVNEUE N (T.H. 169 to WINNETKA AVENUE N) Engineers & Architects CITY PROJECT No. 626 1 :\34\342171CAD\dwg\34217F19.dwg 01/0312002 05 ;09:40 PM CST 1:\34\3498217 JANUARY 2002 COMM. 34-98-217 AVE :N, 40TH AVE V: HO EWOfl0 LA / EALANb AVF NMI O O tr MA D I i" Bonestroo Rosene Anderlik & Associates ST. JOSEPI- CATHOLIC CHURCH SONNESYN ELEMENTARY SCHOOL HIDDEN VALLEY PARK PARK > 2! D z 35TH AVE N (� -_ „� 34TH PL N z 34TH AVE N - ---------------- < F33RD PL „ 33 'Dj =AVEN 352ND 0\' -- � I Z z Z > 32ND AVE N r in n I �� SANITARY SEWER IMPROVEMENTS NEW HOPE, MINNESOTA FIGURE 9 36th AVENUE N (TH 169 to WINNETKA AVE N) CITY PROJECT No. 626 K:\34\34217\34217F03.DWG JANUARY 2002 COMM. 34217 Bonestroo Rosene Anderlik Associates Q A. 7 ", 00 - ------- PARCEL 44-0005 Q0 00 - PARCEL PARCEL Ln 44-0007-1 44-0006 6 Li 71 F 5 DOAINAG UTI LITY ----;;AND '?_5ASE ME N Lij Ewa > 7' EASEMENT L 7 EASEMENT 'rf < 0 36TH AVE N ......... co 9 ",;"n o i 0 Li AVE N �.4 > Llj > LLJ u > L44 < Q A. 7 ", 00 u� — - -- --_---- --- ------- :7'- EASEMENT :36TH AVE N X QD L 7' =EASEMENT PARCEL 1 . ..... 21-0001 40 -UTILITY, POND AND DRAINAGE EASEMENT iso vqd 2Z:92:to zooz/20/L0 I Saleloosev 9 �!IjapuvkA Guasou oo.i LLZ ZOOZ ),8VnNVP L l Z BMP'OZJLLZt \:I 9Z9 *ON 103PO Jd ),ilO (N 3AV VA I 3NNIM 01 69L Hi) N 3w1 AV LA492 L L 32inou ViOS3NNIN '3dOH M3N SDiniin 31VAPJd M: 7"! 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Responsible for Division 1 and Division 2 except 02360,02850, and 02890. Vincent T. Vander T p, P.E. Registration Number 25770 Date: May 1, 2002 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. 9 Vw� �� — Responsible for Section 02890. R. Thomas Fidler, P.E. Registration Number 26124 Date: May 1, 2002 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am g duly Licensed Professional Engineer under the laws of the State of Minnesota. Responsible for Division 6. Kristofitz, P.E. loon Number 2 0 ay 1, 2002 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Architect under the laws of the State of Minnesota. Responsible for Sections 02360, 02850, and Division 3 it ' D. rt zsc4R. stration Number 17383 Date: May 1, 2002 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Responsible for Division 16 J hn P. Carlson, P.E. Registration Number 24001 Date: May 1, 2002 DOCUMENT 00010 TABLE OF CONTENTS 36 AVENUE NORTH (T.H. 169 TO WlNNETKA AVENUE) STREET AND UTILITY IMPROVEMENTS (S.A.P. 182 -106 -11 and S.A.P. 182-101-14) AND HIDDEN VALLEY PARK IMPROVEMENTS CITY PROJECT NO. 626 AND 710 FILE NOS. 34-98-217 AND 34-02-134 NEW HOPE, MINNESOTA 2002 Introductory Information 00005 Certifications Page 00010 Table of Contents Bidding Requirements 00100 Advertisement for Bids 00200 Instructions to Bidders 00410 Bid Form Contracting Requirements 00510 Notice of Award 00520 Agreement Form 00550 Notice to Proceed 00610 Performance Bond 00620 Payment Bond 00700 EJCDC 1910-8 General Conditions (Bound in back of Project Manual) 00800 Supplementary Conditions Specifications Division 1— General Requirements 01030. Alternates 01100. Summary of Work 01300. Submittals 01310. Project Management and Coordination 01400. Quality Requirements 01500. Temporary Facilities and Controls 01570. Erosion and Sediment Control 01700. Execution Requirements Division 2 — Site Construction 02108. Full Depth Reclamation 02225. Removals 02230. Site Clearing 02270. Modular Block Retaining Wall 34-98-217 0 2002 Bonestroo, Rosene, Anderlik & Associates, Inc. INDEX Division 2 - Site Construction (Continued) 02280, Adjust Miscellaneous Structures 02315. Excavation and Fill 02318. Subgrade Preparation 02320. Trench Excavation and Backfill 02341. Geotextile Soil Stabilization 02360. Cast-In-Place Concrete Piles 02510. Water Main 02515. Water Services 02530. Sanitary Sewer 02535. Sanitary Sewer Services 02630. Storm Drainage 02635. Subsurface Drainage 02720. Aggregate Base Course 02740. Plant Mixed Bituminous Pavements 02750. Irrigation System 02760. Signing and Pavement Markings 02770. Concrete Curb and Gutter 02775. Concrete Paving 02790. Athletic and Recreation Surfaces 02820. Chain Link Fence 02830. Segmental Retaining Wall System 02850. Prefabricated Steel Bridge 02870. Site Furnishings 02875 Prefabricated Gazebo 02880. Play Field Equipment and Structures 02890. Traffic Signal Supports and Equipment - Division SS 02920, Lawns and Grasses 02930. Trees and Shrubs 02931. Pond Seeding and Planting 02932. Hydroseeding Division 3 - Concrete 03300. Cast-In-Place Concrete Division 6 - Wood and Plastic 06100. Carpentry Division 16 - Electrical 16050. Basic Electrical Materials and Methods 16500. Lighting END OF SECTION 34-98-217 0 2002 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 North until 10:00 A.M., C.D.S.T., on Tuesday, May 21, 2002, 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: 36 Avenue Infrastructure and Hidden Valley Park Improvements — Projects No 626 and No 710 36 Avenue Improvements 24,000 SY Reclaim bituminous pavement 22,000 CY Common excavation 3,400 CY ` Select granular borrow 12,000 CY Class 5, salvaged and borrow 8,000 TON Bituminous base, binder and wear street and trail paving 38,000 SF Concrete walk and driveway aprons 8,700 LF B618 curb and gutter 22,000 SY Sodding 2,500 LF 12" to 48" diameter storm sewer with structures 5,600 LF 6" to 12" water main with valves, structures, and services 1,200 LF 8" to 10" sanitary sewer with structures and services Hidden Valley Park Improvements 22,000 CY Common Borrow from 36 Avenue and site grading 15,000 CY Pond Excavation with seeding restoration 1,700 LF 12" to 36" storm sewer and structures 1 LS Ball field and soccer field reconstruction with sodding, and hydroseeding 1 LS Bituminous tennis court and hockey rink reconstruction with lighting 1 LS Bituminous basketball court construction 750 TN Bituminous trail removal and reconstruction 1 LS Prefabricated steel bridge with concrete abutments and piling 1 LS Soccer field irrigation system Plans and specifications, proposal forms and contract documents maybe 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, (651) 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 60 days after the date and time set for the opening of bids. No bids maybe withdrawn for a period of sixty (60) days after the date and time set for the opening of bids. 34 -98 -217 AD FOR BID 0 2002 Bonestroo, Rosene, Anderhk & Associates, Inc. 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 non - refundable fee of $45.00. See "Information to Bidders" for plan/specification fee 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 34 -98 -217 AD FOR @ 2002 Bonestroo, Rosene, Anderlik & Associates, Inc. DOCUMENT 00200 INSTRUCTIONS TO BIDDERS ARTICLE I — DEFINED TERMS 1.01 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof. A. Bidder — The individual or entity who submits a Bid directly to OWNER. B. Issuing Office — The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. C. Successful Bidder — The lowest, qualified, responsible Bidder to whom OWNER (Oil the basis of OWNER's evaluation as hereinafter provided) makes an award. 2.01 Complete sets of the Bidding Documents in the number and for the non-refundable sum stated in the Advertisement or Invitation to Bid may be obtained from the Issuing Office identified in the Advertisement or Invitation to Bid. 2.02 Complete sets of Bidding Documents must be used in preparing Bids; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 OWNER and ENGINEER in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. ARTICLE 3 — QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the Work, each Bidder must be prepared to submit within five days of ONVNER's request written evidence of financial data, previous experience, present commitments, and such other data as may be called for below: A. Evidence of Bidder's qualification to do business in the State where the project is located or covenant to obtain such qualification prior to award of contract. B. Evidence of genuineness of Bid and lack of collusion in conjunction therewith. 34-98-217 @ 2002 Bonestroo, Rosene, Anderlik & Associates, Inc, 00200-1 INSTRUCTIONS TO BIDDERS ARTICLE 4 — EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions Identify: 1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that ENGINEER has used in preparing the Bidding Documents. 2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGINEER has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in Paragraph 4.0 LA will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to OWNER and ENGINEER by owners of such Underground Facilities, including OWNER, or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that ENGINEER has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 34 -98 -217 OO 2002 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200 -2 INSTRUCTIONS TO BIDDERS 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in Paragraph 4.06 of the General Conditions. 4.05 On request, OWNER will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. 4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by OWNER or others (such as utilities and other prime contractors) that relates to the Work for which a Bid is to be submitted. On request, OWNER will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price) for such other work. 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully stuay the Bidding Documents, including any Addenda and the other related data ij.:ntified in the Bidding Documents; B. visit the gate and become familiar with and satisfy Bidder as to the general, local, and Si - onditions that may affect cost, progress, and performance of the Work; become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, or performance of the Work; D. carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in. Paragraph 4.02 ofthe General Conditions, and carefully study all reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions; 34 -98 -217 © 2002 Bonestroo, Rosene, Anderfik & Associates, Inc. 00200_3 INSTRUCTIONS TO BIDDERS E. obtain and carefully study (or assume responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto; F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents; G. become aware ofthe general nature of the work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents; H. correlate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents; L promptly give ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by ENGINEER is acceptable to Bidder; and J. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given ENGINEER written notice of all conflicts ' errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by ENGINEER are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work, 34-98-217 @ 2002 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200-4 INSTRUCTIONS TO BIDDERS ARTICLE 5 — SITE AND OTHER AREAS 5.01 The Site is identified in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR. Easements for permanent structures or permanent changes in existing faculties are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents. ARTICLE 6 — LNTER-PRETATIONS AND ADDENDA 6.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to ENGINER in writing. Interpretations or clarifications considered necessary byENGMEER in response to such questions will be issued by addenda mailed or delivered to all parties recorded by ENGINEER as having received the Bidding Documents. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 6.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. ARTICLE 7 — BID SECURITY I 7.01 A Bid must be accompanied by Bid security made payable to OWNER in an amount of five percent (5%) of the Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions, 7.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of any Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of the seventh day after the Effective date of the Agreement or 61 days after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. 7.03 Bid security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening. 34-98-217 @ 2002 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200-5 INSTRUCTIONS TO BIDDERS ARTICLE 8 — CONTRACT TIMES 8.01 The number of days within which, or the dates by which, the Work is to be (a) Substantially Completed and (b) also completed and ready for final payment are set forth in the Agreement. ARTICLE 9 - LIQUIDATED DAMAGES 9.01 Provisions for liquidated damages, if any, are set forth in the Agreement ARTICLE 10 — SUBSTITUTE AND "OR- EQUAL" ITEMS 10.01 The Contract, if awarded, will be on the basis ofmaterials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or- equal" items. Whenever it is specified or described in the Bidding Documents that a substitute or "or- equal' item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement. The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in the General Conditions and may be supplemented in the General Requirements. ARTICLE 11 — SUBCONTRACTORS, SUPPLIERS, AND OTHERS 11.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to OWNER in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to OWNER a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by OWNER. If OWNER or ENGINEER, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, OWNER may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, in which case apparent Successful Bidder shall submit an acceptable substitute, Bidder's Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and OWNER may consider such price adjustment in evaluating Bids and making the contract award. 11.02 If apparent Successful Bidder declines to make any such substitution, OWNER may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which OWNER or ENGINEER makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions. 34-98-217 © 2002 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200 -6 INSTRUCTIONS TO BIDDERS 11.03 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom CONTRACTOR has reasonable objection. 12.01 The Bid Form is included with the Bidding Documents. Additional copies may be obtained from ENGINEER. 12.02 All blanks on the Bid Form shall be completed by printing in ink or by typewriter and the Bid signed. A Bid price shall be indicated for each Bid item listed therein. 12.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice - president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 12.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 12.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown below the signature. 12.06 A Bid by an individual shall show the Bidder's name and official address. 12.07 A Bid by a j oint venture shall be executed by each j pint venturer in the manner indicated on the Bid Form. The official address of the joint venture must be shown below the signature. 12.08 All names shall be typed or printed in ink below the signatures. 12.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 12.10 The address and telephone number for communications regarding the Bid shall be shown. 12.11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract. Bidder's state contractor license number for the state of the Project, if any, shall also be shown on the Bid Form. 12.12 Bidders shall indicate the total add or deduct to the Total Base Bid for each Alternate provided . on the Bid Form. 34 -98 -217 c0 2002 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200_7 INSTRUCTIONS TO BIDDERS 12.13 Bidders may list proposed substitute items on the spaces provided on the Bid Form. Bidders shall clearly indicate the item name, specification section number, and the total deduct to the Total Base Bid for each substitute item proposed. ARTICLE 13 - BASIS OF BID; EVALUATION OF BIDS 13.01 Unit Price A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule. B. The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. D. Bids will be compared on the basis ofthe "Total Base Bid" and this amount will be the basis for determining the Lowest Bidder. 13.01 Unit Pric with Alternates A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule and include a separate price for each alternate described in the Bidding Documents as provided for in the Bid Form. The price for each alternate will be the amount added to the base Bid if OWNER selects the alternate. In the evaluation of Bids, OWNER may select any combination of alternates, or the OWNER may choose not to accept any alternate bids. B. The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 34 -98 -217 O 2002 Bonestroo, Rosene, Anderlik & Associates, Ina 00200.8 INSTRUCTIONS TO BIDDERS D. Bids will be compared on the basis of the "Adjusted Total Base Bid" and this amount will be the basis for determining the lowest Bidder. The sum of the Total Base Bid and any combination of alternates accepted by the OWNER will determine the "Adjusted Total Base Bid." The OWNER may choose not to accept any alternate bids. 13.01 Unit Price with Alternates and Alternate Material Bids A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule and include a separate price for each alternate described in the Bidding Documents as provided for in the Bid Form. The price for each alternate will be the amount added to the base Bid if OWNER selects the alternate. In the evaluation of Bids, OWNER may select any combination of alternates, or the OWNER may choose not to accept any alternate bids. B. The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. D. Bidders may submit a Bid on proposed Substitute Items. The deduct price for each substitute item shall be the total price deducted from the Total Base Bid, if accepted by the OWNER. In the evaluation of Bids, OWNER may select any combination of substitute items, or the OWNER may choose not to accept any substitute items. E. Bids will be compared on the basis of the "Adjusted Total Base Bid" and this amount will be the basis for determining the lowest Bidder. The sum of the Total Base Bid and any combination of alternates and substitute items accepted by the OWNER will determine the "Adjusted Total Base Bid." The OWNER may choose not to accept any alternates or substitute items. 13.02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in Paragraph 11.02 of the General Conditions. ARTICLE 14 - SUBMITTAL OF BID 14.01 Each prospective Bidder is furnished one copy of the Bidding Documents with one separate unbound copy each of the Bid Form, and, if required, the Bid Bond. The unbound copy of the Bid Form is to be completed and submitted with the Bid security. 34-98-217, @ 2002 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200-9 INSTRUCTIONS TO BIDDERS 14.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the advertisement or invitation to Bid and shall be enclosed in an opaque sealed envelope plainly marked with the Proj ect title (and, if applicable, the designated portion of the Proj ect for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to OWNER'S office. ARTICLE 15 - MODIFICATION AND WITHDRAWAL OF BID 15.01 A Bid maybe modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. 15.02 Bids may be withdrawn after Bid opening only in accordance with the law. • ' • i' i : It_: 16.01 Bids will be opened at the time and place indicated in the advertisement or invitation to Bid and, unless obviously non- responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids. ARTICLE 17 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE' 17.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but OWNER may, in its sole discretion, release any Bid and return the Bid securityprior to the end of this period. 18.01 If the Contract is awarded, Award shall be made on the basis of the lowest responsive, responsible, qualified Bidder determined by the Adjusted Total Base Bid. 18.02 OWNER reserves the right to reject any or all 'Bids, including without limitation., nonconforming, non - responsive, unbalanced, or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non - responsible. OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Proj ect to make an award to that Bidder. OWNER also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. 34 -98 -217 © 2002 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200 -10 INSTRUCTIONS TO BIDDERS 18.03 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 18.04 In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 18.05 In evaluating Bidders, OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 18.06 OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents. As a condition of its Bid, Bidder is required to waive any and all claims, of whatever nature, against OWNER, ENGINEER and their employees and agents, which arise out of or relate to such investigations and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. This waiver is not intended to restrict Bidder's rights to challenge a contract award pursuant to law. 18.07 If the Contract is to be awarded, OWNER will award the Contract to the Bidder whose Bid is in the best interests of the Project. ARTICLE 19 - CONTRACT SECURITY AND INSURANCE 19.01 Article 5 of the General Conditions, as maybe modified by the Supplementary Conditions, sets forth OWNER's requirements as to performance and payment Bonds and insurance. When the Successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by such Bonds. ARTICLE 20 - SIGNING OF AGREEMENT 20.01 When OWNER gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER. Within ten days thereafter, OWNER shall deliver one fully signed counterpart to Successful Bidder with a complete set of the Drawings with appropriate identification. END OF DOCUMENT 34 -98 -217 © 2002 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200-11 INSTRUCTIONS TO BIDDERS Bonestroo ti i bm'mow Rosene BIDDER: (i( Anderlik & Associates DOCUMENT 00410 Engineers 4 Architects BID FORM 36TH AVENUE SREET AND UTILITY IMPROVEMENTS CITY PROJECT NO. 626 BRA FILE NO. 34 -98 -217 NEW HOPE, MINNESOTA 2002 Opening Time: 2:00 P.M. C.D.S.T. THIS BID IS SUBMITTED TO: City of New Hope 4401 Xylon Ave N New Hope, MN, 55428 -4898 Opening Date: Wednesday, May 22, 2002 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, . including without limitation those dealing with the disposition of Bid security. The Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of OWNER. 3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged. Addendum No. Addendum Date B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work. 3498217BIDFORM 00410 -1 BID FORM D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and (2) reports and drawings of a Hazardous Environmental Condition, if any, which has been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions. E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed.by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid., and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and obervations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. L Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by ENGINEER is acceptable to Bidder. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. 4.01 Bidder further represents that: A. The prices in this Bid have been arrived at independently, without consultation, communication or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of the Bids. C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 3498217BIDFORM 00410 -2 BID FORM 4.02 Bidder understands that the law may require the OWNER, or ENGINEER at the OWNER'S direction, to undertake an investigation and submit an evaluation concerning Bidder's responsiveness, responsibility and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against OWNER, ENGINEER and their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to challenge a contract pursuant to law. 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the price(s) set forth below and have been computed in accordance with paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with paragraph 11.03.B of the General Conditions Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. No Item Units Qty Unit Price Total Price 1 Part 1 - Street/Sidewalk - 36 Ave/Boone Mobilization LS ; 1 $ C! / v y� 0 $ � ! 66 6 , 0 1 2 Clearing Tree 9 $ -- �/=� $ 1 90 0- 3 Grubbing Tree 9$ )(19_ - U U $ j j qY 6 - u 6 4 Remove retaining wall LF 135 $ _ $ 5 Remove concrete curb and gutter LF 9,640 $ $ / 10 (O t) 6 6 Remove bituminous pavement SY 45$ _ $ 1 ` 7 Remove bituminous driveway pavement SY 645$ l ' y $ �2_1 9 U - 4 � 7 u 8 Remove concrete walk SY 4,870$ $ ✓ / �� 9 Remove concrete driveway pavement SY 150$ _� � _ ao $ 10 Remove sign EA 14$ � -50 $ a� an 11 Remove handhole EA 1 $ V Od $ 6 1 - 46 e LF 06 $ 12 Sawing concrete pavement (full depth) 103 $ _ , . Sawing LF 1,138 $ �° Q $ A 01, 13 bituminous pavement 3498217BIDFORM 00410 -3 BID FORM 3498217BIDFORM 00410 -4 BID FORM Total Price No. Item Units Qty Unit Price 14 Salvage and reinstall retaining wall SF 100$ l - $ Io GG 15 Salvage Sign EA 45$ 39. C° $ 16 Reclaim bituminous pavement SY 24,540$ )J $ ) — ( 0'9 1L4 -1 G 17 Common excavation (EV) CY 25,000$ $ 18 Select granular borrow (CV) CY 6,740$ 10 v - b as $ ��L—• 19 Topsoil borrow (LV) CY 2,180 $ 1 0 ,00 $ 6 . 20 Geotextile fabric SY 20,685 $ '(0 $ 6 0 21 Motor Grader HR 60$ ✓ ° $ L0, (y C) _ 0© 22 Skidsteer HR 35 $ $ 3,2 23 Street Sweeper (with pickup broom) HR 35$ $ 24 Water for dust control MG 60$ y . 06 Q o $. _ — 25 Aggregate base, (CV) Class 5, 100% CY a C6 2,915$ J< $ 26 crushed Aggregate base (CV), salvaged reclaim CY 4,350$ $ 27 material Mill bituminous surface (1.5 ") SY 5,520$ �d $ 552 6 ,66 28 Type 41A bituminous wear course TN 1,580$ i 3 = 11 —_ $ t 29 Type 31B bituminous binder course TN 2,185$ 33 - 11 0 $ °° 30 mixture Type 31B bituminous base course mixture TN 4,295 $ � 2 $ ) 3`� �` H L4 0 a 31 Type 41 bituminous mixture for driveways TN 145$ 0 � C1 C1 $ 1 C (0 G z 32 Bituminous material for tack coat GAL 1,725$ �' QCa $ 33 4" perf PVC pipe drain LF 1,070$ _ �. �� $ 34 Connect drain tile to structure (core drill) EA 0 0 4$ ° 6 6 ��ry( // �� $ V! 9 11 06— 35 4" concrete walk SF 36,860$ �' $ ► U✓ 4 y y t -� 6 36 Concrete curb and gutter, Design B618 LF 8,730$ _4_400 $ 516 37 6" concrete driveway pavement SY 150 $ 30 . o (3 $ �� ' 3498217BIDFORM 00410 -4 BID FORM No. Item Units Qty Unit Price Total Price 38 Pedestrian curb ramp EA 36 $ �� `� $ -- tJ � ` � U 39 Relocate mailbox EA 26$ - �o ° $ 1 40 Traffic control LS 1 $ __ �u1 �� ©� $ �• 41 Traffic Control — Detour DAY 90$ 42 Sign panel, type C SF ©0 180$ _ Ob $ 43 Pavement message (left arrow) paint EA 4$ �� 6 $ 44 4" solid line white -paint LF 14,480$ r $ _ 45 4" broken line white -paint LF 580$ �cJ $_ l� 46 4" double solid line yellow -paint LF 8,828 $ ' $ —7 ' 66 47 24" solid line white -paint LF 430$ $ 48 Zebra Crosswalk white - paint SY 270 $ �) 00 $ ""t 16 « 49 Full T Act T Control Signal System SIGS 1� 1 $ ��l� � $ q) C oo 50 Install PVC handhole EA 1 $ ) — t 51 Install NMCloop detector EA 2$ 6 !✓ � $ I "�J !� `� 52 Silt fence, Type regular LF 200$ 1 j , [,�o $ 3 20 ,00 53 Silt Fence around catch basin EA 27 $ $ t G 54 Temporary sediment trap EA 2$ - 55 Sodding, type lawn SY 19,510$ .00 $ 31 + t • 01) Total Part 1 - Street/Sidewalk - 36 $ Ave/Boone Part 2 - Storm Sewer - 36 Ave/Boone od 56 Clearing Tree 7 $ a - $ J F205 57 Grubbing Tree 8 $ " $ )�2) b Q 58 Remove concrete sewer pipe (storm) LF 1,166$ 349821 'BIDFORM 00410 -5 BID FORM No. Item Units Qty Unit Price Total Price 59 Remove concrete apron EA 0 $ bb ` a C ' 2 $ 0 o 60 Remove manhole or catch basin EA 12 $ 5D ®' a $ ( 010 0 0 " c6 61 Salvage & install wood fence LF ao 30$ ' pp o0 $ 62 Abandon pipe sewer LF 760$ r b $ t �o 63 Common excavation (EV), pond, on -site CY 200$ Q OO f� ao $ t�O� 64 Topsoil borrow (LV) CY 00 $ Q $ 65 Improved pipe foundation CY 200$_ 3 6 $ (ol ow r 66 48" RC pipe apron wltrash guard EA 1 $ `� ���}� ,d Q $ Q KOO 6 67 48" RC pipe sewer Class III LF 00 212$ tC�C1 . ©C $ �� -U ` 68 12" Pipe sewer, storm LF �jp 461 $ d C3 . 60 $ _101 69 15" Pipe sewer, storm LF 66 130$ 7`1C� GO $ —= 70 18" Pipe sewer, storm LF 369 $ _ $ �L'' _-7 —d Cl 71 21" RC pipe sewer Des 3006 Class IV LF 856$ 3 6 0 $- 72 24" RC pipe sewer Des 3006 Class IV LF 527$ ` ®a $ a► 1 0 W ` 73 36" RC pipe sewer Des 3006 Class III LF 36 $ lt� ` 74 Construct bulkhead (storm sewer) EA O O 6$ - iV� ' ©0 $ � ` 75 Const drainage structure 4' MH EA C6 3$ JG� -`= -- L4 $ 0 76 Const drainage structure 6' MH EA 1 $ i 160 0© $ ^ 77 Const drainage structure T MH EA 1 $ oQ $ 78 Const drainage structure 4' CBMH EA 17 $ C)6 ' Lo _ op $ 2 :1 ` 79 2'x T rectangular catch basin EA 15 $ - toV °� b $ 0 80 Construct MH over existing pipe EA o� 00 1 $ ` $ 81 Remove and replace manhole frame EA �f 6O � 5 $ ' 1 �� 1 DQ $ ` "7(Jll b� D�1 � '.— 82 Remove and replace catch basin frame EA 3 $ $ 3498217BIDFORM 00410 -6 BID FORM No. Item Units Qty Unit Price Total Price 83 Connect to existing storm sewer EA 5 $ l $ 75 84 Connect to existing manhole EA 4$ (_) 85 4' Diameter Structure Overdepth LF 7$ / . _ $ d G 86 Const 6' diameter structure overdepth LF 12$ $ 1 0 1 ,9 �o G 87 Const 7' diameter structure overdepth LF l l $ V ^ C�6 $ - 88 Random Riprap Class III CY 70$ 1 110 ,66 0 $ = $ ✓� ' d(5 89 Sodding, type lawn SY 625 $ - J $ � o � 96 Construct bulkhead (watermain) EA 23 $ c _ $ 97 Total Part 2 - Storm Sewer - 36` LS 1 $ C) I ()06 e $ �) ' (16 98 Ave/Boone EA 2$ ► ! i�,) 06 $ Ole L49(),0 3498217BIDPORM 00410 -7 BID FORM Part 3 - Watermain 90 Remove water main IF ffll 748$ 91 Remove hydrant EA 8$ 92 Remove manhole or catch basin EA 3$ —�` $ /L) d0 93 Remove gate valve & box EA 2$ $ 1 0 1 ,9 �o G 94 Remove valve box EA 15 $ _ � � $ � 6 c p' 95 Improved pipe foundation CY 430$ ! ' ®� $ ✓� ' d(5 6 6� d0 3 96 Construct bulkhead (watermain) EA 23 $ c _ $ 97 Temporary water service LS 1 $ C) I ()06 e $ �) ' (16 98 6" water main offset EA 2$ ► ! i�,) 06 $ Ole L49(),0 99 Hydrant EA 8 $ �Ud " DC) $ 100 Connect to existing water main EA 19$ 3 00 . 6 6 $ 101 6" gate valve and box EA 20$_ $_ 102 8" gate valve and box EA 8 $ io m f9(3 $ l� r ` ! 6 103 12" butterfly valve and box EA 4 $ 3498217BIDPORM 00410 -7 BID FORM No. Item Units Qty Unit Price Total Price 104 1" corporation stop EA 22$ 1 $ 00 105 1 -1/2" corporation stop EA i $ ! uo 106 1" curb stop'andbox EA 22$ o � -- $ 107 1 -1/2" curb stop & box EA 1 $ lt� PO $ 108 Reconnect water services EA 23 $- �_ $ 109 6" water main - ductile iron, Class 52 LF 99 834 $ 2 t ' eo $ 114 DO - =� - -- 110 8" iron, Class 52 LF t96 2,210$ �' 0� 123 water main - ductile LF 30 $ (N ° $ 111 12" water main - ductile iron, Class 52 LF 2,605 $ &I $ T 0 112 1" Type "K" copper water service LF 326$ I $ "K" service 113 1 -1/2" Type copper water LF 50$ 0 $ 114 2" polystyrene insulation SY 20$ $ 115 Ductile iron fittings LB 10,550 $ �' $ Pt ' Total Part 3 - Watermain $ 5� W 11W F 3498217BIDFORM 00410 -8 BID FORM Part 4 - Sanitary Sewer 116 Remove sewer pipe (sanitary) LF 570$ t " off $ 117 Remove manhole or catch basin EA 3 $ _ d $ 1 6 o pc) 118 Abandon Catch Basin or Manhole EA 2$ 2 4 3 0 P $ % (00 P 0 119 Abandon pipe sewer LF � 760 $ ( "� ( Z;b q 4CS $ I 120 Improved pipe foundation CY 180 $ C 9 • a $ f D a3 121 8" PVC pipe sewer, SDR 35, 0' -10' deep LF 130$ Q r� $ -- 122 8" PVC pipe sewer, SDR 35, 10' -12' deep LF 00 360$ p0 123 8" PVC pipe sewer, SDR 35, 12' -14' deep LF 30 $ (N ° $ —A Q © 124 10" PVC pipe sewer, SDR 35 10' -12' deep LF 326$ I $ 3498217BIDFORM 00410 -8 BID FORM 133 8" x 4" PVC wye SDR 35 EA 6$ 61 - �U $ �� � � No. Item Units Qty Unit Price Total Price 125 10" PVC pipe sewer, SDR 35 12' -14' deep LF �j 40$ `" D 6 p � /� $ l" y O 126 10" PVC pipe sewer, SDR 26, 14' -16' deep LF 330 $ " n oa $ �U 127 10" PVC pipe sewer, SDR 26, 16' -18' deep LF 50 $ �� q $ ! 1 5 - 1�. a d 128 •10" PVC pipe sewer, SDR 26,18'-20' deep LF 2 bb 50$ 3 ? Q6 $ L C- 129 Construct bulkhead (sanitary sewer) EA 27 $ a da �- $ 5 ' I1�C� ` 130 Connect to existing manholes (sanitary) EA 4$ ' ✓ ' a $ o ( O �� a 131 Reconnect to existing sanitary sewer EA 7 $ - -� O © — . b $ 132 service 4" PVC, SDR 26 service pipe LF 260 $ 133 8" x 4" PVC wye SDR 35 EA 6$ 61 - �U $ �� � � l Q 134 10" x 4" PVC wye SDR 35 EA 1 $ $ � �p ®Q ' 135 Closed circuit television inspection LF 1,216$ ` $ ( 1 2 2 136 Remove and replace manhole frame EA 11 $ $ 10i CX1 137 Standard sanitary manhole EA 5 $ -� $ 138 Standard Sanitary Manhole overdepth LF 14$_1 qq8 $ — Total Part 4 - Sanitary Sewer $ Part 5 - Regional Trail 139 Remove concrete curb and gutter LF 100$ _ ;_1 .00 $ G� S 140 Remove concrete walk SY 1,410$ (9 ' 0 4 $ C� 141 Relocate MTC bench EA 2 $ 11 $ 0�)® a L) 45 ° �4 142 Common excavation (EV), path CY 800$ $ —�r= " 143 Topsoil borrow (LV) CY 180$ 1st —_ $ 1� 5—Hb 1 110 144 Aggregate base, (CV) Class 5, 100% CY 1,180 $ c, � a ,�\ $ _ 3JdYL _ 145 crushed Type 41A bituminous mixture for path TN bQ 1,045 $ �"IU' $ ` � 1 60 `� 3498217BIDFORM 00410 -9 BID FORM 34982I7BIDFORM 00410 -10 BID FORM Part 6 - Piayfields No. Item Units Qty Unit Price Total Price 146 Modular block retaining wall SF 1,010$ — 7� 1111 $ 1 ' 60 147 Adjust curb box EA 1 $ 9 0P $ 3 to Cy—' 148 Concrete curb and gutter, Design} B618 LF 100$ $ 149 Sodding, type lawn SY 2,870$_ cI` J5 $ Total Part 5 - Regional Trail 153 $� Q� 34982I7BIDFORM 00410 -10 BID FORM Part 6 - Piayfields 150 Clearing Tree qq 6p 15$ 1 �— $ 151 Grubbing Tree 15 $ � 6cl $ P W to 152 Remove concrete curb and gutter LF 18$ 4 153 Remove concrete sewer pipe (storm) LF 10 $ t b • $ �y O6 r 154 Remove bituminous pavement SY 1,385 $ $ Jt 1 155 Remove concrete walk SY 172$ q " 6 $ U ' 156 Remove concrete apron EA 1$ X $ Q�j.`6L3 157 Sawing bituminous pavement LF 200$ " " U $ 158 Common excavation (EV) CY 1,650$ �' $ 159 Topsoil borrow (LV) CY 2,200$ 6 $ �b ► �- y� ° �� 160 Salvaged topsoil CY 4,000$ ` �✓ $ �� " 10 161 Aggregate base, (CV) Class 5, 100% CY 900$ � $ ! 2S 6 00 162 crushed Type 41A bituminous wear course TN 26$ " _ $ _ 163 Type 31B bituminous base course mixture TN {,�� f 00 35 $ �6 ✓''t _ -lam' (. (/� • 00 $ V _ 164 Bituminous material for tack coat GAL 15$ $ 165 36" RC pipe apron w /trash guard EA 1 $ $ 166 24" RC pipe apron EA 1 $ '� $ f 0 34982I7BIDFORM 00410 -10 BID FORM No. Item Units Qty Unit Price Total Price 167 12" Pipe sewer, storm LF O 82 $ $ o - 168 15" Pipe sewer, storm LF 200 $ " d $ ` —u0 169 18" Pipe sewer, storm LF 237 $ `� D $ t _� ` 6(5 170 24" RC pipe sewer Des 3006 Class IV LF 478 $ �� $� 171 30" RC pipe sewer Des 3006 Class III LF 375 $ �v $ V S� 172 30" RC pipe sewer Des 3006 Class IV LF 375 $ 5- f • o $ 1 Zl j .GG 173 174 175 176 36" RC pipe sewer Des 3006 Class III Const drainage structure 4' MH Const drainage structure 5' ME Const drainage structure 4' CBMH LF EA EA EA 52 $ L ' O O 1 $ 1 CJ�d D d 2$ 1 $ 1 1 4 5 6 06 $ ' 51 1- 73 - �C� � ,00 177 Const drainage structure 5' CBME EA a 1 $ �� © $ 178 Connect to existing manhole EA G ao 2 $ O° $ �c ` 179 Const 5' diameter structure overdepth LF O® 17$ GQ 180 Random Riprap Class III CY 36$_ y , _ $ 181 Concrete curb and gutter, Design B618 LF b� 18 $ 3 ' 06 $ �6A0_ 182 Temporary Fence LF 5,000$ 1 " Lx $ tC 183 Hay bales EA 12$_ i " `(D $ t '� 0 6 184 Silt fence, Type regular LF 525 $ ' as $ 1 (,'66 185 Temporary rock construction entrance EA 2$ fir, 9W 106 � (� �('l D �' $ � t � v` ' =_ 186 Protection of catch basin, non - street EA 4$ 1 PD $ w o b ,btu 187 Sodding, type lawn SY 19,000 $ 1 • �S $ 3 3 2264 ` b 188 Hydroseed SY 25,200$ ! G $ 189 Irrigation System LS 1$ 1 2 n 00_46 $ 13 00, 190 Red ball diamond rock CY 280$ ? $ _ 1 tU m 3498217BIDFORM 00410 -11 BID FORM No. Item Units Qty Unit Price Total Price 191 Select granular borrow (CV), ballfields CY 900$ f 6 © $ 192 Irrigation system electrical service LS l$ _ 0 1 $ 193 Remove backstop and fences EA 3$ OZ-00 $ qb c) 194 Ballfield backstop EA A 2 $ (?U� ° co $ _ 195 Ballfield fencing - 8' high LF 472$ 196 Player bench Wconc pad - 200 SF EA 4$ �' $ t,ow CAD 197 4" concrete bleacher pad SF 983 $ b _ $ 3 , 93J,65 198 Concrete maintenance curb LF 70 $ _ -60 _ $. d d 199 Litter receptacle conc. pad EA q 3 $ O CO ° _ t (tomJb $ 200 Site grading LS 1 $ �� <_ $ H a A b OD 201 Portable toilet enclosure w /conc pad - EA 1$ -- 1 V — $ 9- handicap Total Part 6 o6 - Playfields $ Total Part 1 - Street/Sidewalk - 36` $ 1 1 1 109 ► _5 x - K Ave/Boone Total Part 2 - Storm Sewer - 36`b $ a1 A i I ) - U O Ave/Boone Total Part 3 - Watermain $ 1 t I Total Part 4 - Sanitary Sewer $ 00 0d Total Part 5 - Regional Trail $ ` Total Part 6 - Pla $ OR 1 � , 7 . ®,, fields Total Base Bid $ al aH g i I H� . V 3498217BIDFORM 00410 -12 BID FORM 6.01 Bidder agrees that the Work will be substantially completed and completed and ready for final payment in accordance with paragraph 14.07.B of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid security in the form of Five Percent. 8.01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. SUBMITTED on h� 20 — If Bidder Is An Individual Name (typed or printed): (Individual's signature) (SEAL) By: Doing business as: Business address: Phone No.: Fax No.: 3498217BTDFORM 00410 -13 BID FORM A Partnership Partnership Name: (SEAL) 0 Name (typed or printed): Business address: (Signature of general partner) Phone No.: Fax No.: A Corporation Corporation Name: L l 1 - (SEAT.) State of Incorporation: Type (General Business, Professional, Service, Limited Liability): e By: / (Signature) Name (typed or printed): JU � L 1 Title: pa, ' Attest (CORPORATE SEAL) (Signature of Corporate Secretary) Business address: Phone No.: 7 ff " �/-0 � O�- � Fax No.: l �1^4)" )'¢� 3498217BIDFORM 00410 -14 BID FORM A Joint Venture Joint Venture Name: By: (Signature of joint venture partner) Name (typed or printed): Title: Business address: Phone No.: Fax No.: Joint Venturer Name: (SEAL) By: (Signature) Name (typed or printed): Title: Business address: Phone No.: Fax No.: Phone and Fax Number, and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above). END OF DOCUMENT 3498217BIDFORM 00410 -15 BID FORM DOCUMENT 00510 NOTICE OF AWARD Dated May 28, 2002 TO: Veit & Company, Inc. ADDRESS: 14000 Veit Place Rogers, MN 55374 -9583 BRA PROJECT NO. 34 -98 -217 PROJECT: 36th Avenue Street and Utility Improvements CITY PROJECT NO. 626 You are notified that your Bid dated May 22, 2002 for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for 36th Avenue Street and Utility Improvements Proiect for the Citv of New Hope, Minnesota. The Contract Price of your Contract is $2,248,146.10 or Two Million Two Hundred Forty-Eight Thousand One Hundred Forty-Six Dollars and Ten Cents. Four copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Four Sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen days of the date of this Notice of Award, that is by June 12, 2002: 1 Deliver to the OWNER four fully executed counterparts of the Contract Documents. Each of the Contract Doucments must bear your signature. 2 Deliver with the executed Contract Documents the Contract security (Bonds) as specified in the Instructions to Bidders (Article 19), General Conditions (paragraph 5.01) and Supplementary Conditions (paragraph SC- 5.01). 3 Deliver with the executed Contract Documents the Certificates of Insurance evidencing coverage as specified in the Instructions to Bidders (Article 19), General Conditions (paragraph 5.03) and Supplementary Conditions (Article SC -5). Failure to comply with these conditions within the time specified will entitle OWNER to consider your bid in default, to annul this Notice of Award and to declare your Bid security forfeited. Within ten days after you comply with those conditions, OWNER will return to you one fully executed counterpart of the Contract Documents. 34 -98 -217 NOTICE OF AWARD DOCUMENT 00520 AGREEMENT FORM THIS AGREEMENT is by and between the City of New Hope, Minnesota (hereinafter called OWNER) and Veit & Company, Inc., (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as 36"' Avenue North (T.H. 169 to Winnetka Avenue) — Street and Utility Improvements (S.A.P. 182 - 106 -11 and S.A.P. 182 - 101 -14), City Project No. 626. ARTICLE 2 - ENGINEER 2.01 The Project has been designed by Bonestroo, Rosene, Anderlik and Associates, 2335 West Highway 36, St. Paul, MN 55113, who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities, and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 3 - CONTRACT TIMES 3.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.02Dates for Substantial Completion and Final Payment A. The Work will be substantially completed in phases by the following dates. Work on 36 th Avenue between TH 169 and Boone Avenue on or before August 31, 2002 including: a. Water main and storm sewer utilities. b. Curb and gutter and sidewalk. c. Bituminous base and binder courses. d. Bituminous trail. e. Restoration. f. Signage and temporary striping. 2. Work on 36` Avenue between TH 169 and Winnetka Avenue and Boone Avenue on or before November 1, 2002 including: a. Water main, sanitary sewer, and storm sewer utilities. b. Curb and gutter and sidewalk. c. Bituminous base and binder courses. d. Bituminous trail. e. Restoration. f. Signage and temporary striping. g. Fully actuated signal control at 36`" Avenue and Boone Avenue. 34 -98 -217 ©2002 Bonestroo, Rosene, 00520-1 Anderlik & Associates, Inc. AGREEMENT FORM Work in Hidden Valley Park on or before November 15, 2002 including: a. All storm sewer and water main utilities. b. All excavation, embankment, grading and shaping. c. All topsoil placement. d. All concrete work including slabs, foundations, walks, and curb. e. All sodding and seeding. f. Tennis court and basketball court paving. g. Tennis court and ball field fencing. h. Hockey rink paving and dasherboards. i. All trail paving. 4. All remaining work shall be fully complete by June 27, 2003 including but not limited to: a. Milling in 36 Avenue and Boone Avenue. b. Wear course paving in 36 Avenue and Boone Avenue. c. Remaining restoration. d. Final striping. e. All remaining work in Hidden Valley Park. 5. All work shall be ready for final payment in accordance with Paragraph 14.07 of the General Conditions on or before July 26, 2003. 3.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $200.00 for each day that expires after the time specified in paragraph 3.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $200.00 for each day that expires after the time specified in paragraph 3.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds as follows: For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit for an Original Contract Amount of $2,248,146.10 or Two Million Two Hundred Forty-Eight Thousand One Hundred Forty-Six Dollars and Ten Cents for all the Base Bid Item's. ARTICLE 5 - PAYMENT PROCEDURES 5.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 34 -98 -217 ©2002 Bonestroo, Rosene, 00520 -2 Anderlik & Associates, Inc. AGREEMENT FORM 5.02 Progress Payments; Retainage A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, monthly during performance of the Work as provided in paragraphs 5.02.A.I and 5.02.A.2 below. All such payments will be measured by the schedule of values established in paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER may determine or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions: a. 95 % of Work completed (with the balance being retainage). b. 95 % of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2. Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 100% of the Work completed, less such amounts as ENGINEER shall determine in accordance with paragraph 14.02.13.5 of the General Conditions and less 100% of ENGINEER's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 5.02 Progress Payments; Retainage A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, once per month during performance of the Work as provided in paragraphs 5.02.A.I and 5.02.A.2 below. All such payments will be measured by the schedule of values established in paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER may determine or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions: a. 95% of Work completed (with the balance being retainage), and b. 95% of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2. Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 100% of the Work completed, less such amounts as ENGINEER shall determine in accordance with paragraph 14.02.13.5 of the General Conditions and less 100% of ENGINEER's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 5.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07. ARTICLE 6 - INTEREST 6.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate the maximum rate allowed by law at the place of the Project. 34 -98 -217 ©2002 Bonestroo, Rosene, 00520 -3 Anderlik & Associates, Inc. AGREEMENT FORM ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: 1. This Agreement. 2. Performance Bond, Payment Bond and other Bonds. 3. General Conditions. 34 -98 -217 ©2002 Bonestroo, Rosene, 00520 -4 Anderlik & Associates, Inc. AGREEMENT FORM 4. Supplementary Conditions. 5. Specifications. 6. Drawings bearing the following general title: 36 Avenue North (T.H. 169 to Winnetka Avenue) Street and Utility Improvements 7. Addenda (Number's One and Two, inclusive). 8. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed. b. CONTRACTOR's Bid Form. c. Documentation submitted by CONTRACTOR prior to Notice of Award. d. Any modification, including Change Orders, duly delivered after execution of agreement. 9. The following, which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Written Amendments; b. Work Change Directives; c. Change Order(s). B. The documents listed in paragraph 8.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 8. D. The Contract Documents may only be amended, modified, or supplemented as provided in paragraph 3.05 of the General Conditions. ARTICLE 9 - MISCELLANEOUS 9.01 Terms used in this Agreement will have the meanings indicated in the General Conditions. 9.02 No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 34 -98 -217 ©2002 Bonestroo, Rosene, 00520 -5 Anderlik & Associates, Inc. AGREEMENT FORM IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on 1 - ,, o? (which is the Effective Date of the Agreement). OWNER: City of New Hoe. Minnesota _ By: [ SEAL] Attest Address for v rtes: p NP" 44C�4 %4141 . Designated Representative: Name: Title: Address: Phone: Facsimile: CONTRACTOR: Veit & Com an Inc. [CORPORATE SEAL] Attest 11 I . Address for giving notices: License No. (Where applicable) Agent for service of process: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Designated Representative: Name: 1 r. Title: � Ym Address: Wyp \0 _ Phone: /CU e Facsimile: 3 A END OF DOCUMENT 34 -98 -217 ©2002 Bonestroo, Rosene, 00520 -6 Anderlik & Associates, Inc. AGREEMENT FORM OM VEIT & COMPANY INC. (TUE) 6. 18' 02 8:33/ST. 8:28/NO. 42 6 0 5 75 644 P 2 fT, y'rf r BOA" OF f• r • OF C OP"AW , IN WrMOUT A NXETING The following action is taken by the sole Class A shareholder and all of the members of the Board of Directors of Veit & Company, Inc. a Minnesota corporation, without a meeting, pursuant to Minnesota Statute Sections 302A•441 and 302A -239, respectively, by authorizing the same in writing signed by the sole Class A shareholder and all of the members of the Board of Directors of the corporation: The following resolutions are hereby adopted: RESOLVED, that the following persons are hereby elected as the designated officers of the corporation to serve until the next regular meeting of the Board of Directors or until their successors are otherwise duly elected and qualified. Vaughn A. Veit Chief Execufive Officer Donald L Rachel PresideWSecretary Jerry Rachel President/Special Projects Mark Nicolay Chief Fivancial Offic"Measurer Greg Boelke Vice President - Construction Kevin Barthel Vice President —Field Operations Bart Anderson Vice President John Pippert Vice President of Sales and Marketing RESOLVED, that vice presidents of the corporation shall have no authority to sign documents on behalf of the corporation. The above action is taken without a meeting by authorization in writing signed by the sole Class A shareholder and all of the directors of the corporation, said action to be effective on June 1, 2401. Vauom A. Veit Sole Mass A Shareholder and Director Do :Rachel Director Jerry Itaehel Director 0: %'01 ,l i .e .ur,. I.1.: DOCUMENT 00550 NOTICE TO PROCEED Dated TO: Veit & Company, Inc. ADDRESS: 14000 Veit Place Rogers, MN 55374 -9583 BRA PROJECT NO. 34 -98 -217 PROJECT: 36th Avenue Street and Utility Improvements CITY PROJECT NO. 626 You are notified that the Contact Time under the above contract will commence to run on 2002. By that date, you are to start performing your obligations under the Contract Douuments. In accordance with Article 3 of the Agreement, the dates of Substantial Completion are August 31, 2002 and November 1, 2002 for 36th Avenue and November 15, 2002 for Hidden Valley Park and Final Completion is June 27, 2003. Before you may start any Work at the Site, paragraph 2.05.0 of the General Conditions provides that you and OWNER must each deliver to the other (with copies to ENGINEER and other identified additional insureds) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. Also before you may start any Work at the site, you must notify ENGINEER 24 hours in advance for construction staking services. City of New Hope, Minnesota (Owner) By (Authorized Signature) (Title) COPY TO ENGINEER 34 -98 -217 NOTICE TO PROCEED CONTRACTOR (Name and Address): OWNER (Name and Address): CONTRACT Date: Amount: Description (Name and Location): BOND Date (Not earlier than Contract Date). Amount: Modifications to this Bond Form: SURETY (Name and Address of Principal Place of Business): Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. :' ONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: (Corp. Seal) Signature: Signature: Name and Title: Name and Title: (Attach Power of Attorney) Space is provided below for signatures of additional parties, if required.) , ONTRACTOR AS PRINCIPAL Company: (Corp. Seal) Signature: Name and Title: SURETY Company: (Corp. Seal) Signature: Name and Title: ,JCDC No. 1910 -28 -A (1996 Edition) iriginally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General ontractors of America, and the American Institute of Architects. 4 -98 -217 PERFORMANCE BOND 00610 -1 1. The CONTRACTOR and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the "Owner for the performance of the Contract, which is incorporated herein by reference. 2. If the CONTRACTOR performs the Contract, the Surety and the CONTRACTOR have no obligation under this Bond, except to participate in conferences as provided in paragraph 3.1. 3. If there is no OWNER Default, the Surety's obligation under this Bond shall arise after: 3.1. The OWNER has notified the CONTRACTOR and the Surety at the addresses described in paragraph 10 below, that the OWNER is considering declaring a CONTRACTOR Default and has requested and attempted to arrange a conference with the CONTRACTOR and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Contract. If the OWNER, the CONTRACTOR and the Surety agree, the CONTRACTOR shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive the OWNER's right, if any, subsequently to declare a CONTRACTOR Default; and 3.2. The OWNER has declared a CONTRACTOR Default and formally terminated the CONTRACTOR's right to complete the Contract. Such CONTRACTOR Default shall not be declared earlier than twenty days after the CONTRACTOR and the Surety have received notice as provided in paragraph 3.1; and 3.3. The OWNER has agreed to pay the Balance of the Contract Price to: 3.3.1. The Surety in accordance with the terms of the Contract; 3.3.2 Another contractor selected pursuant to paragraph 4.3 to perform the Contract. 4. When the OWNER has satisfied the conditions of paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1. Arrange for the CONTRACTOR, with consent of the OWNER, to perform and complete the Contract; or 4.2. Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 43. Obtain bids or negotiated proposals from qualified contractors acceptable to the OWNER for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by the OWNER and the contractor selected with the OWNER's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the Bonds issued on the Contract, and pay to the OWNER the amount of damages as described in paragraph 6 in excess of the Balance of the Contract Price incurred by the OWNER resulting from the CONTRACTOR Default; or 4.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances; 4.4.1 After investigation, determine the amount for which it may be liable to the OWNER and, as soon as practicable after the amount is determined, tender payment therefor to the OWNER; or 4.4.2 Deny liability in whole or in part and notify the OWNER citing reasons therefor. 5. If the Surety does not proceed as provided in paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the OWNER to the Surety demanding that the Surety perform its obligations under this Bond, and the OWNER shall be entitled to enforce any remedy available to the OWNER. If the Surety proceeds as provided in paragraph 4.4, and the OWNER refuses the payment tendered or the Surety has denied pliability, in whole or in part, without further notice the OWNER shall be entitled to enforce any remedy available to the OWNER. 6. After the OWNER has terminated the CONTRACTOR's right to complete Contract, and if the Surety elects to act under paragraph 4. 1, 4.2, or 43 above, tI the responsibilities of the Surety to the OWNER shall not be greater than those of CONTRACTOR under the Contract, and the responsibilities of the OWNER to Surety shall not be greater than those of the OWNER under the Contract. To a th of the amount of this Bond, but subject to commitment by the OWNER of Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: 6.1. The responsibilities of the CONTRACTOR for correction of defect Work and completion of the Contract; 6.2. Additional legal, design professional and delay costs resulting from I CONTRACTOR's Default, and resulting from the actions or failure to act of 1 Surety under paragraph 4; and 6.3. Liquidated damages, or if no liquidated damages are specified in 1 Contract, actual damages caused by delayed performance or non - performance of i CONTRACTOR. 7. The Surety shall not be liable to the OWNER or others for obligations of I CONTRACTOR that are unrelated to the Contract, and the Balance of the Conti Price shall not be reduced or set off on account of any such unrelated obligations. right of action shall accrue on this Bond to any person or entity other than i OWNER or its heirs, executors, administrators, or successors. 8, The Surety hereby waives notice of any change, including changes of time, to th Contractor to related subcontracts, purchase orders and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any co of competent jurisdiction in the location in which the Work or part of the Work located and shall be instituted within two years after CONTRACTOR Default within two years after the CONTRACTOR ceased working or within two years of the Surety refuses or fails to perform its obligations under this Bond, whiche occurs first. If the provisions of this paragraph are void or prohibited by law, 1 minimum period of limitation available to sureties as a defense in the jurisdiction the suit shall be applicable. 10. Notice to the Surety, the OWNER or the CONTRACTOR shall be mailed delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory or other lei requirement in the location where the Contract was be performed, any provision this Bond conflicting with said statutory or legal requirement shall be deemed delet here from and provisions conforming to such statutory or other legal requireme shall be deemed incorporated herein. The intent is that this Bond shall be constru as a statutory bond and not as a common law bond. 12. Definitions. 12.1 Balance of the Contract Price: The total amount payable by the OWNI to the CONTRACTOR under the Contract after all proper adjustments have be made, including allowance to the CONTRACTOR of any amounts received or to received by the OWNER in settlement of insurance or other Claims for damages which the CONTRACTOR is entitled, reduced by all valid and proper paymet made to or on behalf of the CONTRACTOR under the Contract. 12.2. Contract: The agreement between the OWNER and the C014TRACTC identified on the signature page, including all Contract Documents and chang thereto. 123. CONTRACTOR Default: Failure of the CONTRACTOR, which h neither been remedied nor waived, to perform or otherwise to comply with the tern of the Contract. 12.4. OWNER Default: Failure of the OWNER, which has neither bet remedied nor waived, to pay the CONTRACTOR as required by the Contract or perform and complete or comply with the other terms thereof. (FOR INFORMATION ONLY - -Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Engineer or oth ply): 34 -98 -217 PERFORMANCE BONE 00610 -2 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (Name and Address): CONTRACT Date: Amount: Description (Name and Location): BOND Date (Not earlier than Contract Date): Amount: Modifications to this Bond Form; Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: (Corp. Seal) Signature: Signature: Name and Title: Name and Title: (Attach Power of Attorney) (Space is provided below for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: (Corp. Seal) Signature: Signature: Name and Title: Name and Title: EJCDC No. 1910 -28 -8 (1996 Edition) ariginally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General "ontractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors. ;4 -98 -217 PAYMENT BOND 00620 -1 1. The CONTRACTOR and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the OWNER to pay for labor, materials and equipment furnished for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to the OWNER, this obligation shall be null and void if the CONTRACTOR: 2.1. Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2. Defends, indemnifies and holds harmless the OWNER from all claims, demands, liens or suits by any person or entity who famished labor, materials or equipment for use in the performance of the Contract, provided the OWNER has promptly notified the CONTRACTOR and the Surety (at the addresses described in paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the CONTRACTOR and the Surety, and provided there is no OWNER Default. 1 With respect to Claimants, this obligation shall be null and void if the CONTRACTOR promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1. Claimants who are employed by or have a direct contract with the CONTRACTOR have given notice to the Surety (at the addresses described in paragraph 12) and sent a copy, or notice thereof, to the OWNER, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2. Claimants who do not have a direct contract with the CONTRACTOR: 1. Have furnished written notice to the CONTRACTOR and sent a copy, or notice thereof, to the OWNER, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from the CONTRACTOR, or not received within 30 days of furnishing the above notice any communication from the CONTRACTOR by which the CONTRACTOR had indicated the claim will be paid directly or indirectly; and 3, Not having been paid within the above 30 days, have sent a written notice to the Surety and sent a copy, or notice thereof, to the OWNER, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the CONTRACTOR. 5. If a notice required by paragraph 4 is given by the OWNER to the CONTRACTOR or to the Surety, that is sufficient compliance. 6. When the Claimant has satisfied the conditions of paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1. Send an answer to the Claimant, with a copy to the OWNER, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2. Pay or arrange for payment of any undisputed amounts. 7. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8. Amounts owed by the OWNER to the CONTRACTOR under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any Performance Bond. By the CONTRACTOR furnishing and the OWNER accepting this Bond, they agree that all funds earned by the CONTRACTOR in the performance of the Contract are dedicated to satisfy obligations of the CONTRACTOR and the Surety under this Bond, subject to the OWNER's priority to use the funds for the completion of the Work. 9, The Surety shall not be liable to the OWNER, Claimants or othe obligations of the CONTRACTOR that are unrelated to the Contract. OWNER shall not be liable for payment of any costs or expenses of any Clz under this Bond, and shall have under this Bond no obligations to make pay to, give notices on behalf of, or otherwise have obligations to Claimants und Bond., 10. The Surety hereby waives notice of any change, including changes of tip the Contract or to related Subcontracts, purchase orders and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond than in a court of competent jurisdiction in the location in which the Work c of the Work is located or after the expiration of one year from the date (1) on the Claimant gave the notice required by paragraph 4.1 or paragraph 4.2.3, or which the Iast labor or service was performed by anyone or the last materi equipment were furnished by anyone under the Construction Contract, whic of (1) or (2) first occurs. If the provisions of this paragraph are void or prop by Iaw, the minimum period of limitation available to sureties as a defense jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the OWNER or the CONTRACTOR shall be mai delivered to the addresses shown on the signature page. Actual receipt of not Surety, the OWNER or the CONTRACTOR, however accomplished, sh sufficient compliance as of the date received at the address shown on the sig; page. 13. When this Bond has been furnished to comply with a statutory or other requirement in the location where the Contract was to be performed, any pro in this Bond conflicting with said statutory or legal requirement shall be de deleted here from and provisions conforming to such statutory or other requirement shall be deemed incorporated herein. The intent is, that this Bon( be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential benefici this Bond, the CONTRACTOR shall promptly furnish a copy of this :Bond o) permit a copy to be made. 15. DEFINITIONS 15.1. Claimant: An individual or entity having a direct contract wit CONTRACTOR or with a Subcontractor of the CONTRACTOR to furnish materials or equipment for use in the performance of the Contract The int this Bond shall be to include without limitation in the terms "labor, materi equipment" that part of water, gas, power, light, heat, oil, gasoline, telel service or rental equipment used in the Contract, architectural and engin( services required for performance of the Work of the CONTRACTOR an CONTRACTOR's Subcontractors, and all other items for which a mechanic' may be asserted in the jurisdiction where the labor, materials or equipment famished. 15.2. Contract: The agreement between the OWNER and CONTRACTOR identified on the signature page, including all Co Documents and changes thereto. 153. OWNER Default: Failure of the OWNER, which has neither remedied nor waived, to pay the CONTRACTOR as required by the Contract perform and complete or comply with the other terms thereof. 34 -98 -217 PAYMENT BO FOR INFORMATION ONLY - Name, Address & Telephone) AGENCY or BROKER: OWNER'S REP. (Engineer or other party): 00620 -2 SECTION 01030 ALTERNATES PART 1- GENERAL 1.01 DESCRIPTION A. This section identifies each alternate, and describes the basic changes to be incorporated into the work as part of that alternate. Refer also to the technical specifications and drawings for information. B. The project is bid in several "Parts ". Each part describes a distinct part of the work to be completed. 1. Please refer to the Bid Form for the title of each part. a. Part 1— Street and Sidewalk work in 36 Avenue and Boone Avenue. b. Part 2 — Storm Sewer work in 36 Avenue and Boone Avenue. C. Part 3 — Watermain work in 36 and Boone Avenues. d. Part 4 — Sanitary Sewer work in 36 Avenue. e. Part 5 — Regional Trail work on the south side of 36th Avenue and on the west side of Boone Avenue south of 36 Avenue. f. Part 6 — Ball Field, Soccer Field, and Trail Improvements in the north part of Hidden Valley Park west of Sonnesyn Elementary School.. Excavated material from 36 Avenue will go to this portion of the park. g. Part 7 — Reconstruction of Existing Park Trails in Hidden Valley Park. h. Part 8 — Reconstruction of the Hockey Rink in Hidden Valley Park. This also includes some storm sewer and water main work near the hockey rink. i. Part 9 - Pond Grading includes the construction of ponds in the southern portion of Hidden Valley Park. j. Part 10A — Construction of the Full Basketball Court along Boone Avenue. 34 -98 -217 0103 -1 ® 2002 Bonestroo, Rosene, Anderlik & Associates, Inc. ALTERNATES k. Part IOB — Construction of the Half Basketball Court by the ball fields. 1. Part 11 — Reconstruction of the Tennis Courts at the south end of Hidden Valley Park. M. Part 12 — Construction of the Pedestrian Bridge and Abutments across the Hidden Valley Pond. n. Part 13 - Construction of the Gazebo and Slab near the tennis courts at the south end of the park. 2. The OWNER reserves the right to delete any "Part" from the project award based on budget constraints. C. Alternates maybe accepted by the OWNER in any order. Specific work may also be deleted by "Part" based on budget constraints. The acceptance of alternates and the deletion of any number of "Parts" may be used to determine the low bidder. D. The OWNER will not delete a portion of a "Part" except with the possibility of Part 13 — Gazebo. The OWNER may elect to not include the work required under the bid item for "Gazebo Structure ". The awarded work could still include the construction of the concrete slab and the electrical service. 1.02 DESCRIPTION OF ALTERNATES A. Alternate 1 — WOOD PRESERVATIVE (ALTERNATE BID) Preservative treated lumber shall be pressure treated with a commercially available lumber treatment that does not contain arsenic, in accordance with AWPA C 1 and C2. Refer to Section 06100 — Carpentry. This alternate must be represented on the bid form as an add. The additional cost for the arsenic -free wood must be listed. 1.03 QUANTITY DEVIATIONS A. Certain bid form work items are included in anticipation of the possibility that conditions may be encountered which require this work. The estimates of quantities for these bid form items are based upon general experience in the area. They are included in the work to establish a bid unit price in the event such work is necessary to complete the project. The quantity is not guaranteed and the extent of Work required will be dependent upon prevailing conditions. As such, no unit price adjustment for any magnitude of increased or decreased quantities is allowed. B. Earthwork quantities in Hidden Valley Park may vary according to the amount of material generated in 36 Avenue and the types of material encountered in the park. 34 -98 -217 01030 -2 © 2002 Bonestroo, Rosene, Anderlik & Associates, Inc. ALTERNATES 1. It is anticipated that all excavated material from 36 Avenue will be placed in Hidden Valley Park. 2. It is anticipated that the majority or all of the material generated from the pond excavation in Hidden Valley Park will be hauled off site. If additional material is required to construct the play fields or if suitable material for topsoil is encountered in the pond excavation, the CONTRACTOR will be directed to haul specific material excavated from the pond on site. Refer to Section 02315 — Excavation and Fill. END OF SECTION 34 -98 -217 0 2002 Bonestroo, Rosene, 0 Anderlik & Associates, Inc. ALTERNATES SECTION 01100 SUMMARY OF WORK • • • • 1.01 SECTION INCLUDES A. Basic description of the Project, and Work restrictions. B. Refer to Section 01030 — Alternates for further description of each Part of the project as shown on the Bid Form. 1.02 SUMMARY OF WORK A. Project Name: 36 Avenue North (T.H. 164 to Winnetka Avenue) Street and Utility Improvements (S.A.P. 182- 106 -11 and S.A.P. 182 - 101 -14) and Hidden Valley Park Improvements. City Project No. 626 and 710. B. Description of Work: Reconstruction of 36t Avenue including the removal and replacement of water main, storm sewer, sanitary sewer, bituminous pavement, and concrete curb and gutter. It also includes the removal and replacement of sidewalk and the construction of a regional park trail along 36 Avenue and Boone Avenue. Traffic improvements including signage, striping, and the installation of a fully actuated signal The project also includes improvements in Hidden Valley Park including the regrading and reconstruction ball fields, the construction of a soccer field with irrigation, pond excavation improvements, basketball and tennis court construction, the reconstruction of the hockey rink, the reconstruction of park trails and the construction of a pedestrian bridge with piling supports and concrete abutments and a gazebo on a concrete slab. Associated improvements, including electrical lighting and restoration including hydroseeding, sodding, and wetland plantings. 1.03 COMPLETION DATES A. Substantial Completion: Set forth in the Agreement. B. Final Completion: Set forth in the Agreement. 1.04 LIQUIDATED DAMAGES AND INCENTIVE PAYMENTS A. Provisions for liquidated damages and incentive payments, if any, are set forth in the Agreement. 34 -98 -217 (D 2002 Bonestroo, Rosene, Anderlik & Associates, Inc. 01100-1 SUMMARY 1.05 WORK RESTRICTIONS A. Use of Site: 1. Location of construction facilities, staging areas, product stockpiles, material storage, and temporary construction must remain within the limits of the project as shown on the Drawings and shall be removed upon completion of work. The limits include the work area in Hidden Valley Park, the ROW of 36 Avenue and any easements acquired by the OWNER. 2. CONTRACTOR will be responsible for snow removal and disposal from the OWNER'S property if necessary to maintain access and working space during construction. 3. Keep existing driveways and entrances clear and available to the public and to the OWNER. 4. If additional space is needed, obtain and pay for such space off site. B. Access to Site: L Access to Hidden Valley Park is shown at two 'locations. Rock construction entrances are to be provided at both locations. All access to the park is to be at those locations only. 2. No access to the Hidden Valley Park parking lot will be allowed. B. Access for Residents: 1. Access shall be maintained at all times for all residential and commercial properties that access 36 Avenue. Temporary interruptions to access for the installation of utilities and pavement will be allowed when coordinated with the OWNER and the property owner. C. Transportation Corridor Access: 1. 36 Avenue will be closed during construction except for specific portions. Refer to the transportation detour plan and the following descriptions: a. 36 Avenue will not be closed until schools have closed. The earliest 36 Avenue closure date is June lo 2002 34 -98 -217 0 2042 Bonestroo, Rosene, Anderlik & Associates, Inc. 01100-2 SUMMARY b. That portion of 36 Avenue between TH 169 and Boone Avenue must be repopened prior to the start of the school year, September 3, 2002. 36 Avenue cannot be reopened until the following have been completed: i. Concrete curb and gutter is constructed. ii. Concrete sidewalk and bituminous trails are constructed. iii. Topsoil and sod are in place. iv. Bituminous binder course is in place. V. Temporary striping is complete. vi. Signage is in place. Approved temporary signage may be allowed until the signal at Boone Avenue is operation. 2. All side street access will be blocked during construction 3. Traffic must be maintained between TH 169 and Hillsoboro/Jordan Avenues throughout construction. 4. Traffic must be maintained along Boone Avenue (north-south) throughout construction. Tj'iis includes the intersection of Boone Avenue. D. Access to P_� Areas: Specific work will occur within easement areas. The OWNER is in the process of acquiring these easements. No access will be allowed until authorized by the OWNER. F. Other Work at Site: 1. The installation and revision of electric power, telephone lines, gas lines and cable TV by private utilities is anticipated. 2. Robbinsdale School District 281 will be doing the following work at Sonnesyn Elementary: a. Reconstructing the existing parking lot along Boone Avenue. b. Constructing a new parking lot along Boone Avenue south of the school. 34-98-217 0 2002 Bonestroo, Rosene, Anderlik & Associates, Inc, 01100-3 SUMMARY C. Constructing storm sewer along the south and east side of the school. This storm sewer will connect to storm sewer installed under this project. Coordination will be required. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION 3.01 MEASUREMENT AND PAYMENT A. All work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 34 -98 -217 © 2002 Bonestroo, Rosene, Anderlik & Associates, Inc. 01100-4 SUMMARY SECTION 01300 SUBMITTALS 1.01 PROGRESS SCHEDULE A. Prepare and submit an estimated progress schedule for the work prior to the preconstruction meeting. B. Maintain one copy of the progress schedule at the job site. C. During construction revise the progress schedule as necessary to conform to the current status of the work. Submit revised copies of the progress schedule, as required. 1.02 SUBCONTRACTOR LIST A. Prepare and submit a complete list of all subcontractors. Include the subcontractors name, address, telephone number, and contact person. 1.03 SUBMITTAL LIST A. Prepare and submit a complete and comprehensive schedule of all submittals anticipated to be made during the project. B. Include a list of each item for which contractors drawings, shop drawings, product data, samples, guarantees, or other types of submittals are required. A. Submit five copies of shop drawings and product data required. Three copies will be retained and two copies will be returned to the CONTRACTOR. Submit a reproducible sepia of all Drawings larger than 11" x 17 ". B. Shop drawings and product data shall be submitted with the contractor's stamp of approval. Shop drawings and product data submitted without this stamp will not be reviewed and will be returned to the CONTRACTOR for their approval and resubmission. C. Shop drawings and product data shall be clearly identified as to project, contractor, manufacturer, specification section and item submitted. Any substitutions or deviations from the requirements of the contract documents shall be noted in writing. 34 -98 -217 © 2002 Bonestroo, Rosene, Anderlik & Associates, Inc. 01300 -1 SUBMITTALS D. Make all shop drawings accurately to a scale sufficiently large to show all pertinent aspects of the item and its method of connection to the work. E. Clearly mark each copy of product data to identify information being submitted and delete information, which does not apply. Supplement standard information as necessary. Show dimensions and other selected characteristics. F. Maintain one copy of approved shop drawings and product data at the site with the record drawings. 1.05 SAMPLES A. Samples shall be clearly identified as to project, contractor, manufacturer, specification section, product, type, color range, texture, finish and other identifying data. B. Samples shall be accompanied by a letter of transmittal with the CONTRACTOR'S approval and other supporting information. C. Submit two samples of each item required, unless otherwise specified. The OWNER will retain one approved sample and the ARCHITECT /ENGINEER will retain one. D. Provide all samples required for color schedules for exterior finishes within 15 days after the Notice to Proceed is issued. A. Submit three copies of all inspections, tests and approvals required in the contract documents. 1.07 PAYMENT A. Payment for all submittals shall be incidental to the cost of the project. END OF SECTION 34 -98 -217 © 2002 Bonestroo, Rosene, Anderlik & Associates, Inc. 01300.2 SUBMITTALS SECTION 01310 PROJECT MANAGEMENT AND COORDINATION 1.01 SECTION INCLUDES A. General requirements for overall project coordination. 1.02 UTILITIES A. Notify Gopher State One Call before starting construction in a given area, requesting utility locates in the field. B. Project Utility Sources: Coordinate Work with the following utility owners. The following utilities are known to be on Site, and are shown on the Drawings in a general way: 1. Water: OWNER. 2. Sanitary Sewer: OWNER, 3. Storm Sewer: OWNER. 4. Electric: Xcel Energy, Gregory S. Plumedahl, 8701 Monticello Lane, Maple Grove, MN 55369; ph: 763-493-1670; fax: 763-493-1501 5. Gas: Reliant Energy, Minnegasco, Laura Hirsch, P.O. Box 1165 Minneapolis, MN 55440-1165; ph: 612-321-5177; fax: 763-321-5480 6. Telephone: Qwest, Carrie Oster, 9700 Schmidt Lake Road, Rm 155 Plymouth, MN 55442; ph: 763-531-8997; fax: 763-536-5098 7. Cable TV: AT&T Broadband, Doug Zahn, 1238 Grey Fox Road, Arden Hills, MN 55112-6930; ph: 651-493-5316; fax: 651-493-5116 8. Regional Trails: Three Rivers Park District, Bo Carlson, 12615 County Road 9, Plymouth, MN 55441-1299; 763-559-6759; 763-559-3287 B. OWNER requires 48-hour notice for all utility interruptions. 34-98-217 0 2002 Bonestroo, Rosene, PROJECT MANAGEMENT AND Anderlik & Associates, Inc. 01310-1 COORDINATION 1.03 PERMITS A. Comply with the stipulations of the following permits, which have been applied for, and will be furnished by the OWNER: 1. Bassett Creek Watershed Best Management Practices and other approval requirements. 2. Minnesota Wetland Conservation Act Permit. B. Apply for, obtain, and comply with the provisions of the following permits, which the OWNER will waive the permit application fee except for state surcharges: 1. City Building Permit for Irrigation System (plumbing). 2. City Building Permit for the Gazebo Structure and Foundation (structural). 3. City Building Permit for the Bridge and Abutments (structural). 4. All Electrical Work will require a State Permit. C. Apply for, obtain, and comply with the provisions of the following permits: 1. MPCA Stormwater Discharges Associated with Construction Activities NPDES General Permit. Estimated permit cost of $240.00. D. Apply for, obtain, and comply with other permits, licenses, and approvals which may be required for the Project. 1.04 SURVEYING AND CONSTRUCTION OBSERVATION A. Provide ENGINEER and Resident Project Representative a minimum of 48 -hours notice in advance of the need for establishing lines and grades, measurements, grade checks, and observation of Work. 1.05 PROJECT MEETINGS A. Administrative Requirements: 1. Project Superintendent or persons designated by the CONTRACTOR to attend and participate in the project meetings shall have all required authority to commit the CONTRACTOR to solutions agreed upon in the project meetings. 34 -48 -217 v 2002 Bonestroo, Rosene, PROJECT MANAGEMENT.AND Ander(ik & Associates, Inc. 01310-2 COORDNATION 2, ENGINEER will set the time and sites, and prepare the agenda for the meetings. 3. ENGINEER will prepare meeting minutes and distribute one copy to CONTRACTOR. Notify ENGINEER of inaccuracies or discrepancies in the meeting minutes within 5 calendar days of receipt of the minutes. 4. The attendance and cooperation of Subcontractors, and Suppliers may be required. B. Preconstruction Conference: 1. Provisions for the Preconstruction Conference are set forth in the General Conditions. 2. Requirements for preconstruction submittals are set forth in the General Conditions. Submittal procedures shall be consistent with Section 01330, C. Progress Meeting Procedures: 1. ENGINEER will schedule construction progress meetings throughout the duration of the Project to assess the progress of the Work, identify and discuss Project related issues, and discuss near-term construction activities. 1.06 CONSTRUCTION SCHEDULING A. Sequencing and Scheduling: I. Construct water main, storm sewer, and street improvements to provide continuous transportation access to north-south traffic along Boone Avenue through 36 Avenue. 2. Construct storm sewer, and street improvements to provide continuous transportation access to east-west traffic along 36th Avenue between TH 169 and Hillsboro/Jordan Avenues, 3. Construct the water main, and storm sewer improvements west of Boone Ave, prior to constructing the same improvements cast of Boone Avenue. 4. Construct curb and gutter, aggregate base, and bituminous base and binder improvements west of Boone Avenue prior to constructing the same improvements east of Boone Avenue. The CONTRACTOR is required to reopen 36 Avenue west of Boone Avenue prior to the start of the school year. See Section 01100 —Summary of Work. Seethe project agreement for completion dates. 34-98-217 0 2002 Bonestroo, Rosene, PROJECT MANAGEMENT AND Anderlik & Associates, Inc. 01310-3 COORDINATION 1.07 SUBMITTALS A. Submit a minimum of four copies of shop drawings plus the quantity of copies the CONTRACTOR wants returned. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION 3.01 MEASUREMENT AND PAYMENT A. All work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. 34 -98 -217 Q 2002 Bonestroo, Rosene, PROJECT MANAGEMENT AND Anderlik & Associates, Inc. 01310 -4 COORDINATION SECTION 01400 QUALITY REQUIREMENTS PART 1 - GENERAL 1.01 SECTION INCLUDES A. Information required for conformance to regulatory requirements. B. Quality Assurance. C. Procedures to measure and report the quality and performance of the Work. 1.02 REFERENCE STANDARDS A. Whenever reference is made to the Minnesota Department of Transportation Specifications, such reference shall mean "Standard Specifications for Highway Construction," 2000 Edition and all subsequent revisions and supplements. The word "Engineer" is understood to refer to the ENGINEER for the OWNER. 1,03 SUBMITTALS A. Prior to start of Work, submit testing laboratory name for various specified tests for approval by ENGINEER. B. Submit copies of laboratory test results or analysis in consistent with 01330. C. Manufacturer's certificates of quality control or performance. I O. �Nvllej . 1 IT.s 9 A. Comply with industry standards of the region except where more restrictive tolerances or specified requirements indicate more rigid standards or more precise workmanship. 1.05 TESTS AND INSPECTIONS A. Notify ENGINEER 48 -hours prior to expected time for operations requiring tests and inspections. B. Provide incidental labor and facilities to obtain and handle samples at site or source, transport samples to laboratory, facilitate tests and inspections, and for storing and curing of test samples, 34-98-217 0 2002 Bonestroo, Rosene, Anderlik & Associates, Inc, 01400-1 QUALITY REQUIREMENTS A. After each inspection and test, submit three copies of laboratory report to ENGINEER. B. Include: Date issued, project title and number, name of inspector, date and time of sampling or inspection, identification of product and specifications section, location in the project, type of inspection or test, date of test, results of tests, and conformance with Contract Documents. i � :�.. �. .• is A. Test samples and perform field tests. B. Provide qualified personnel. Cooperate with ENGINEER and CONTRACTOR in performance of services. C. Ascertain compliance with the requirements of the Contract Documents. D. When requested by ENGINEER, provide interpretation of test results. 1.08 LIMITS ON TESTING LABORATORY AUTHORITY A. Laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. B. Laboratory may not approve or accept any portion of the work. C. Laboratory may not assume any duties of CONTRACTOR. D. Laboratory has no authority to stop work. 1.09 MANUFACTURER'S CERTIFICATES A. If requested by ENGINEER, submit manufacturer's certificate with shop drawings, certifying that products meet or exceed specified requirements, executed by responsible officer. 1.10 MANUFACTURER'S FIELD SERVICES A. Provide qualified representative to observe field conditions; conditions of surfaces and installation; quality of workmanship; start -up; of equipment; and test, adjust, and balance of equipment. 34 -98 -217 © 2002 Bonestroo, Rosene, Andertik & Associates, Inc. 01400-2 QUALITY REQUIREMENTS PART 2 - PRODUCTS Not Used PART 3 - EXECUTION 3.01 MEASUREMENT AND PAYMENT A. All work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 34-98-217 C 2002 Bonestroo, Rosene, Anderlik & Associates, Inc. 01400-3 QUALITY REQUIREMENTS SECTION 0 1500 TEMPORARY FACILITIES AND CONTROLS PARTI - GENERAL 1.01 SECTION INCLUDES A. Temporary utilities and miscellaneous temporary facilities required during construction. 1.02 REFERENCES A. State of Minnesota, Department of Transportation "Standard Specifications for Construction" - 2000 Edition. B. The Minnesota Manual on Uniform Traffic Control Devices (MMUTCD) including the Field Manual on Temporary Traffic Control Zone Layouts — latest edition. PART 2 - PRODUCTS 2.01 FENCE A. Temporary Fence: Orange snow fence or other highly visible fence approved by ENGINEER. PART 3 - EXECUTION 3.01 MOBILIZATION A. Move personnel, equipment, materials and all other items required to complete the Work to the Site. B. Establish CONTRACTOR offices and building or other facilities necessary for work on the Project. C. Temporarily hold or relocate utilities, and any miscellaneous structures such as signs, power poles, guy wires and mailboxes disturbed. 3.02 SIGNS, MAIL BOXES, ETC. REMOVAL AND REPLACEMENT A. Remove, store carefully, and replace all Non-City or County owned signs, posts, etc., that may be within the construction limits as directed by ENGINEER. 34-98-217 0 2002 Bonestroo, Rosene, TEMPORARY FACILITIES Anderlik & Associates, Inc. 01500-1 AND CONTROLS B. Remove existing mailboxes and posts, and temporarily install in locations determined by ENGINEER or as shown on Drawings. Replace mailboxes prior to substantial completion. Removal, temporary re- installation, and replacement shall occur such that mail delivery is not interrupted. Mailboxes, posts, and appurtenances damaged during construction shall be replaced with new at no charge to OWNER. 3.03 TEMPORARY FACILITIES AND FENCE A. Provide and maintain all temporary facilities, utilities, and controls as long as needed for the safe and proper completion of the Work. Remove all temporary facilities utilities, and controls as rapidly as progress will permit, or as directed by ENGINEER. B. Temporary Water for Construction: 1. Use of new or existing hydrants is prohibited except for testing and flushing, of newly installed mains. 2. Obtain water for construction from locations designated by the OWNER. C. Temporary Fence and Signage: Install in park at locations at the construction limits as directed by the ENGINEER. 1. Use standard 4' high orange "snow fence" or other approved material. 2. Support with standard steel fence posts. (Max post spacing of 12 feet). 3. CONTRACTOR shall inspect and maintain the fence as directed by the ENGINEER. 4. "Park Closed" or other approved signage must be placed at all pedestrian and vehicular entry points of the park. A minimum of eight (8) signs to be provided. 3.04 CONSTRUCTION FACILITIES A. Sanitary Facilities: I . Comply with all governing regulations, including safety and health codes, for sanitary fixtures and facilities. 2. Provide self - contained toilet units or water and sewer connected temporary toilet facilities consistent with governing regulations; CONTRACTOR may not use OWNER's toilet facilities. 34 -98 -217 © 2002 Bonestroo, Rosene, TEMPORARY FACILITIES Anderlik & Associates, Inc. 01500 °2 AND CONTROLS 3. Provide and maintain adequate supply of toilet tissue, paper towels, paper cups and similar disposable materials appropriate for each facility. Provide appropriate covered waste containers for used material. 3.05 TEMPORARY CONSTRUCTION A. Pumping and Dewatering: 1. Provide draining, pumping, dewatering, and cleaning operations necessary to complete the Work. 2. Provide all necessary pumping to remove all surface water and groundwater from structures as required for the work. Provide erosion control measures for discharge of water. 3. Protect Site and adjacent property to avoid damage. 3.06 TRAFFIC CONTROL A. Traffic Control — General - Provide and maintain all traffic control devices needed to guide, warn, control and protect traffic throughout the project area. All traffic control devices and other protective measures shall conform to MMUTCD. Minimum signage required includes the following: 1. Barricades necessary to block access from side streets. All side streets that the CONTRACTOR closes must be signed according to MMUTCD standards. 2. Signage to protect material stock piles, equipment, trenches, and other construction items. 3. Signage Required to Maintain Traffic for: a. Local residents and businesses requiring access during construction. b. That portion of 36 Avenue between TH 169 and Hillsboro /Jordan Avenue. C. The intersecting of 36 Avenue and Boone Ave. Traffic shall be maintained in a north south direction through the intersection. 4. Signage and flaggers required for construction operations including but not limited, activities such as wear course paving, utility construction in Boone Avenue, and striping. 34 -98 -217 0 2002 Bonestroo, Rosene, TEMPORARY FACILITIES Anderlik & Associates, Inc. 01500 -3 AND CONTROLS B. Traffic Control - Detour - Provide and maintain all traffic control devices needed to guide, warn, control and protect traffic through the detour shown in the plans. All traffic control devices and other protective measures shall conform to MIVIUTCD. C. Remove of traffic control devices at the conclusion of the Work. D. Faaggers are required to protect construction vehicles during unloading construction materials. Conform to the requirements of the MMUTCD, the Flagging Handbook included in the Field Manual for Temporary Traffic Control Zone Layouts, and the following: while on duty, flaggers shall wear hard hats and reflectorized florescent: orange rests; and flaggers shall be fully clothed when on duty with shirt or blouse slacks or trouser, and sturdy shoes. E. Field Quality Control: 1. Daily inspect and insure that all traffic control devices required by the construction are in accordance with the MMUTCD. Any discrepancy between the actual devices in use and the required devices shall be immediately rectified. 2. Furnish names, addresses, and phone numbers of at least three (3) individuals responsible for the placement and maintenance of traffic control devices. At least one of these individuals shall be "on call" 24 hours per day, seven days per week, during the time any traffic control devices furnished and installed by the CONTRACTOR are in place. 3. Provide access for emergency vehicles and busses to all residences at all times. 4. Respond to any request from the ENGINEER to improve or correct the usage of traffic control devices on, or related to, this project, within one (1) hour of the time of notification. S. Keep all traffic control signs and devices in a legible condition. This shall include, but not be limited to, removing grime and dust deposited on any device by traffic or natural causes, or when requested by ENGINEER. F. Temporary Barriers: 1. Provide temporary covers, enclosures, markers, and barriers as necessary to protect Work. 2. Damage to the site caused by removal of temporary fencing including postholes, shall be promptly repaired by CONTRACTOR. During removal, at no time shall the work remain unattended if a dangerous condition exists because of incomplete removal or site repairing. 34 -48 -217 © 2002 Bonestroo, Rosene, TEMPORARY FACILITIES Anderlik & Associates, Inc. 01500 -4 AND CONTROLS 3.07 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Mobilization. Measurement is Lump Sum. This will be considered payment in full for all work and costs if this item. 1. Partial payment of the lump sum item "Mobilization" will be made using a percentage based on the following: Cumulative Percent of Mobilization Item Paid First Partial Payment 50 % of original contract amount earned- 25 70 % of original contract amount earned — 50 90 % of original contract amount earned — 100 100 B. Dewatering: All costs related to pumping and dewatering as specified above will be considered incidental to the Project. C. A Bid Item has been provided for "Traffic Control ". Measurement is by the Lump Sum. This will be considered payment in full for all work and costs of this item, including removal: 1. Partial payment of the lump sum item "Traffic Control" will be made using a percentage based on the following: Cumulative Percent of Traffic Control Item Paid First Partial Payment 50 % of original contract amount earned- 25 70 % of original contract amount earned — 50 90 % of original contract amount earned — 100 100 D. A Bid Item has been provided for "Traffic Control - Detour ". Measurement is by the Day in place. This will be considered payment in full for all work and costs of this item, including maintenance and removal. E. A Bid Item for "Temporary Fence" has been provided on the Bid Form. Measurement will be per lineal foot. Payment will constitute compensation in full for all work and costs to furnish and install material include signs in place, and remove at ENGINEER'S discretion. F. A Bid Item for "Relocate Mailbox" has been provided on the Bid Form. Measurement will be per each. Payment will constitute compensation in full for all work and costs to salvage and reinstall mailboxes in the final location, and to provide temporary mailboxes during construction. 34 -98 -217 @ 2002 Bonestroo, Rosene, TEMPORARY FACUTiES Anderiik & Associates, inc. 01500-5 AND CONTROLS E. All other work and costs of this Section shall be incidental to the Project and. included in the TOTAL BASE BID. END OF SECTION 34-98-217 0 2002 Bonestroo, Rosene, TEMPORARY FACILITIES Anderlik & Associates, Inc. 01500-6 AND CONTROLS SECTION 01570 EROSION AND SEDIMENT CONTROL PART 1-GENERAL 1.01 SECTION INCLUDES A. Temporary measures to control soil erosion and sedimentation. 1.02 RELATED SECTIONS A. Section 01700 — Execution Requirements. B. Section 02315 — Excavation and Fill. C. Section 02920 — Lawns and Grasses. 1.03 REFERENCES A. Minnesota, Department of Transportation "Standard Specifications for Construction," 2000 Edition and the Supplement Specifications, (Mn/DOT Spec.): 1. Section 1803 — Prosecution of Work. 2. Section 2573 — Temporary Erosion Control. 3. Technical Memorandum No. 99-23-ENV-03 & Attachment. 4. Technical Memorandum No. 99-27-ENV-05. B. American Society of Testing and Materials (ASTM): 1. D4355 —Test Method for Deterioration of Geotextiles from Exposure to Ultraviolet Light and Water. 2. D4491— Test Methods for Water Permeability of Geotextiles by Permitivity. 3. D4632 — Test Method for Breaking Load and Elongation of Geotextiles. 4. D4751 — Test Method for Determining the Apparent Opening Size of a Geotextile. 34-98-217 0 2002 Bonestroo, Rosene, Anderlik & Associates, Inc. 01570-1 EROSION AND SEDIMENT CONTROL 1.04 PERMITS A. General: 1. This project disturbs five or more acres of total land area. Submit a completed application fonn for the MPCA's General Storm Water Permit for Construction Activity and the appropriate fees to the MPCA. Also, submit a copy of the completed, signed and dated application form to OWNER. Authorization to begin grading under the NPDES permit is automatically granted 48-hours after the permit application has been submitted to the MPCA. 1.05 SEQUENCING AND SCHEDULING A. Conform to MnDOT Spec. 1803.5: 1 Submit for approval, the plan of operations for accomplishing temporary and permanent erosion control. 2. Erosion control measures to be installed prior to any grading activities. 3. Permanent erosion control measures are to be installed when deemed appropriate during the grading process. B. CONTRACTOR is responsible for the establishment ofpermanent turf in accordance with Section 02920 to prevent excessive soil erosion. C. Remove silt fence installations after the site has become stabilized and turf is developed to the extent that future erosion is unlikely: I Any ridge or depression left as a result of fence removal will be appropriately repaired and restored. 2. Materials remaining after removal shall become the property of the CONTRACTOR and shall be disposed of off the construction site. 2.01 SILT FENCE A. Heavy - Duty Silt Fence: I Geotextile Fabric: Woven wire fence fabric with the following physical properties: 34-98-217 0 2002 Bonestroo, Rosene, Anderlik & Associates, Inc. 01570-2 EROSION AND SEDIMENT CONTROL a. Grab Tensile Strength (ASTM D4632): 100 lb. b. Apparent Opening Size (ASTM D4751): #20 — 70 sieve. C. Width: 48 inches. d. Ultraviolet Resistance (ASTM D4355): 70%. e. Furnish geotextile with protective wrapping to protect the fabric from ultraviolet radiation and abrasion due to shipping and handling. f 14 V2 - gauge wire with 6 inch mesh spacing. 2. Posts: Standard steel fence posts weighing not less than 1.33 pounds per lineal foot. Minimum length 30 inches plus burial depth. B. Standard Silt Fence: 1. Geotextile Fabric: Woven wire fabric with the following physical properties: a. Grab Tensile Strength (ASTM D4632): 100 lb. b. Apparent Opening Size (ASTM D4751): #20 — 70 sieve. C. Width: 36 inches. d. Ultraviolet Resistance (ASTM D4355): 70%. e. Furnish geotextile with protective wrapping to protect the fabric from ultraviolet radiation and abrasion due to shipping and handling. 1 2. Posts: 2 inch by 2-inch wood. 2.02 WATER FOR DUST CONTROL A. Apply Water as directed by the ENGINEER to prevent dust and wind erosion. B. Confirm water source with Public Works contact, Paul Coone. Do not use City hydrants without approval. 2.03 BALE CHECKS A. Type 1 mulch or straw, hay, excelsior mulch, corn stalks or other approved material, in good condition. 34-98-217 0 2002 Bonestroo, Rosene, Anderlik & Associates, Inc. 01570-3 EROSION AND SEDIMENT CONTROL B. All bales shall be either bound with wire or tied with nylon string. 2.04 TEMPORARY ROCK CONSTRUCTION ENTRANCE A. 2-inch size (min)washed river rock. PART 3 - EXECUTION 3.01 INSTALLATION A. Silt Fence: 1 Silt fences will be installed in the locations shown on the Drawings and according to the manufacturer's specifications. 2. If the silt fence is longer than 600 feet, it shall be constructed in separate independent units, with each unit having a length less than 600 feet. All splices shall be avoided whenever possible. If necessary, splices will be made at a fence post and according to the manufacturer's specifications. B. Temporary Rock Construction Entrance: I Rock construction entrance shall be installed in locations shown on the Drawings in accordance to the standard detail. 2. Rock construction entrance shall be constructed before grading begins on the site. 3. Inspect rock construction entrance regularly for mud accumulation. C. Temporary Sediment Basins: 1. Sediment basins will be excavated as a first priority when grading begins on the project. The location and outlet configuration are shown on the Drawings. a. Construct 3 feet deep. b. Install orange safety fence around perimeter. D. Bale Checks: M 34-98-217 0 2002 Bonestroo, Rosene, Anderlik & Associates, Inc. Bale Checks shall be installed in locations shown on the Drawings: 01570-4 EROSION AND SEDIMENT CONTROL 2. The bales shall be installed so that the bindings run around the sides rather than along the tops and bottoms of the bale. 3.02 MAINTENANCE A. Conform to MnDOT Spec. 2573.3.D and as follows: 1. CONTRACTOR is responsible for inspection, maintenance and repair of any washouts or accumulations of sediment that occur as a result of the grading or construction. Restoration consists of grade repair, turf reestablishment and street sweeping of mud and debris tracked from the site. 2. CONTRACTOR is responsible for the maintenance and repair of all temporary erosion control devices. 3. Inspection of all erosion control items will take place immediately after each runoff event and at least daily during prolonged rainfall. Any required repairs shall be made immediately: a. Temporary sediment basins will be inspected and their original design volume will be restored following each run off event. 3.03 MEASUREMEN= AND PAYMENT A. A. Bid Item has been provided for "Silt Fence, Type Regular ". Measurement will be per lineal foot, along the base of the fence from outside to "outside of the end posts for each section of fence. Payment will constitute compensation in full for all work and cost to furnish and install material in place, and to remove. B. A Bid Item has been provided for "Temporary Rock Construction Entrance ". Measurement will be per each. Payment will include all costs related to constructing and maintaining the entrance as specified, in accordance with the standard details. C. A Bid Item has been provided for "Temporary Sediment Trap ". Measurement will be per each. Payment will include all costs related to constructing and maintaining the traps as specified. D. A Bid Item has been provided for "Protection of Catch Basin — Non Street ". Measurement will be per each. Payment will constitute compensation in full for all work and cost to furnish and install material in place, according to the Standard Detail shown on the Drawings, and to remove. 34 -98 -217 © 2002 Bonestroo, Rosene, Anderlik & Associates, hie. 01 570 EROSION AND SEDIMENT CONTROL E. A Bid Item has been provided for "Silt Fence Around Catch Basin". Measurement. will be per each. Payment will constitute compensation in full for all work and cost to famish and install material in place, according to the Standard Detail shown on the Drawings, and to remove. A Bid Item has been provided for "Hay Bales". Measurement will be per each bale famished and installed. Payment will constitute compensation in full for all work and cost to famish and install material in place, according to the Standard Detail ohnum on the Drawings, and to remove. G. H. A Bid Item has been provided for "Water for Dust Control". Measurement will be per 1,000 gallons (MG) applied to the street. Payment will constitute compensation in full for all work and cost to famish and install the water. This bid unit item is intended to pay for water used for dust control only, and only at those times that it is requested by either the ENGINEER or OWNER. Water used for the construction of the streets or for turf establishment and maintenance will be considered incidental to the project. All other work and cost of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 34-98-217 0 2002 Bonestroo, Rosene, Anderlik & Associates, Inc. 01570-6 EROSION AND SEDIMENT CONTROL SECTION 01700 EXECUTION REQUIREMENTS PART 1 - GENERAL 1.01 SECTION INCLUDES A. Requirements for overall execution of the Work and closeout of the contract for final payment. 1.02 SUBMITTALS A. Submit the following items consistent with the Conditions of the Contract and Division I sections: 1. Record Documents. 2. Written Notification of Substantial Completion. 3. Executed Certificate of Substantial Completion, 4. Written Notification of Final Completion. 5. Spare Parts, Operation and Maintenance Manuals, Instructions, Schedules, Warranties, Guarantees, Bonds, Certificates, Certificates of Inspection, and other documents. 6. Final Application for Payment, including accompanying documentation. 7. IC-134 Forms. PART 2-PRODUCTS Not Used PART 3 — EXECUTION 3.01 EXAMINATION A Acceptance of Conditions: By commencing Work, CONTRACTOR construes acceptance of the adjacent work as satisfactory to receive subsequent work. B. Existing Conditions: Before commencing work, inspect work completed by others that is adjacent to Work. If adjacent conditions prevent completion of work, CONTRACTOR will not commence work until the conditions are corrected, 34-98-217 0 2002 Bonestroo, Rosene, AndeTlik & Associates, Inc. 01700-1 EXECUTION REQUIREMENTS C. Inspect each product immediately prior to installation. Remove damaged products from Site. 3.02 GENERAL INSTALLATION REQUIREMENTS A. Comply with the manufacturer's instructions for installation of manufactured products to the extent that these instructions are applicable and more explicit or more stringent than requirements indicated in the Contract Documents. B. Secure work true to line and level, within recognized industry tolerances, with anchorage devices designed and sized to withstand stresses, vibration, and rocking. Allow for expansion and movement of building. C. Install each element of work during weather conditions and project status to ensure coordination of the Work. Isolate each element of work from incompatible work as necessary to prevent deterioration. D. Record installation details and prepare Record Documents consistent with the General Conditions. 3.03 SITE MAINTENANCE A. Maintain stockpiles, excavations, access roads, and all other work areas free from dust. Employ dust abatement techniques whenever a dust nuisance or hazard occurs, or as directed by ENGINEER. Comply with local ordinances. B. Protect hazardous work areas and hazardous material storage areas. C. Protect trees unless specifically indicated on Drawings. D. Clean access roads and haul routes with mechanical street sweeper. E. If CONTRACTOR fails to maintain Site, ENGINNER will provide written notice of CONTRACTOR's defective Work. CONTRACTOR will be given 12 -hours from the notice to clean Site. After the 12 -hour period, OWNER may correct the defective work consistent with Conditions of the Contract. 3.04 CLEANING AND PROTECTION A. Clean and protect work in progress and adjoining work, during handling and installation. Apply protective covering on installed work where it is required to ensure freedom from damage or deterioration. 34-98 -217 0 2002 Bonestroo, Rosene, Anderlik & Associates, Inc. EXECUTION REQUIREMENTS B. Clean and perform maintenance as frequently as necessary throughout construction period. Adjust and lubricate operable components to ensure operability without damage effects. 3.06 CERTIFICATE OF COMPLIANCE WITH MINNESOTA STATUTES 290.92 & 290.97 A. Upon completion of the project and prior to final payment, the CONTRACTOR and all Subcontractors shall complete Minnesota Department of Revenue Revised Fonn IC -134. This form, affidavit for obtaining Final Settlement of Contract with the State of Minnesota and any of its Political or Governmental Subdivisions, is to be signed by a Department of Revenue representative and forwarded to the OWNER. Copies of this form can be obtained by writing to the Minnesota Department of Revenue, Forms Section, Centennial Office Building, St. Paul, Minnesota, 55145 or calling (651) 297 -3737. A. A Bid Item has been provided for Motor Grader. Measurement will be by units of hour and will include operator. B. A Bid Item has been provided for Street Sweeper (With Pickup Broom). Measurement will be by the units of hours and will include operator. C. A Bid Item has been provided for Skidsteer. Measurement will be by the units of hours and will include operator. D. 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'-- :.__ � t• +'�s t N ASP .. _ n � ,�1l� S A/\ fit � \ � "� � � R �It .z� a „'U� �e ,�° � � � � g” •`F �, ,. � � a� r � Y � w � #- � 6a d/ � \ � � g I I wf > o dep j '-- ��: �',so •� -:� /a"'� � � Ig r Ig I � is �. �� �' - _ r_,� I f E�. +� s L�A-i`1f ,� We Yr�°� _.\ •- -�� a v. .� .' /� -FO 1 Y Y � I�I • nec a C ROOpvE R00NE AVE N y , �- sb a I m r "" `'.< P I c�Il /� r--k ' �.I�n T �• i ' h e AC�DILA AVE N x 33RD CIRN , 8� °„ , 1 tt°• �'F' - ZEALAND AVEN iE COUNCIL I /RFA/Pubworks /2002/626 RFA Awarding Contract 5 -28 -02 REQUEST FOR ACTION 2�� N 0Q�✓ Originating Department Approved for Agenda Agenda Section Public Works May 28, 2002 Development & Planning Item No. By: Guy Johnson By: 8 . 1 RESOLUTION ORDERING CONSTRUCTION OF STREET INFRASTRUCTURE IMPROVEMENT PROJECT NO. 626 (36 AVENUE IMPROVEMENT PROJECT) AND RESOLUTION AWARDING CONTRACT FOR THE CONSTRUCTION OF STREET INFRASTRUCTURE IMPROVEMENT PROJECT NO. 626 REQUESTED ACTION Staff requests approval of a resolution ordering construction of Street Infrastructure Improvement Project 626, and of a resolution awarding the contract to the low and responsible bidder, Veit & Company, Inc., in the amount of $2,248,146.10. BACKGROUND The 36" Avenue Infrastructure Project includes: • Reconstruction of 36 Avenue between TH 169 and Winnetka Avenue including necessary water main, sanitary, and storm sewer upgrades. • Reconstruction of the intersection at Boone and 36th Avenues with a traffic signal. • Construction of a new 10 foot wide trail along the west side of Boone Avenue from 32 "d Avenue to 36 Avenue and along the south side of 36" Avenue from Boone Avenue to Highway 169 as part of Three Rivers Park District first tier trail system. • Reconstruction of the ballfields west of Sonnesyn School. Ballfield reconstruction is being included with this infrastructure project because the city can realize a cost saving by using excavated soil from the street on the ballfields and reduce hauling and disposal charges. The proposed project schedule is: Open Bids /Award Contract May 28, 2002 Begin Work June, 2002 Complete Work (Not including wear course) Fall, 2002 Place wear course Summer 2003 MOTION BY SECOND BY -�:.'t TO: l- f- I /RFA/Pubworks /2002/626 RFA Awarding Contract 5 -28 -02 Request for Action Ordering Project Awarding Bid Page 2 FUNDING The breakdown of revenue sources to offset the project costs are as follows. The first column of numbers represent construction costs and the second column reflect total project costs including indirect costs and engineering charges. • Municipal State Aid • Assessment Amount • Utility Funds • Storm Water Fund • Street Funds • Park Funds $ 1,331,796.10 78, 800.00 372,100.00 99, 700.00 115,450.00 147, 700.00 $1,675,005.13 98, 500.00 465,125.00 124, 625.00 144, 312.50 184,625.00 117, 990.00 $2,810,182.63 • Three Rivers Park District Costs 102,600.00 Construction Costs 2,248,146.10 Total Project Cost ATTACHMENTS The Engineer's memorandum including the bid comparisons, and the resolution ordering the project and the resolution awarding the contract are attached. URFA/Pubworks /2002 /626 RFA Awarding Contract RESOLUTION NO. 02 - 87 1 `` I kyj I W MATA pluy 1 ple I not i (36` Avenue Infrastructure Improvements) BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. This Counsel held a public hearing the 25' day of March, 2002, at 7:00 o'clock p.m. at the City Hall, 4401 Xylon Avenue North, in said City, on proposed 36` Avenue Street Infrastructure Improvement No. 626 of the City, after notice of said hearing was duly published as required by law in the New Hope - Golden Valley Sun -Post, the official newspaper of the City, on March 13 and 20, 2002. 2. The Council has examined and approved the Affidavit pertaining to the mailing of notices of said hearing to the owners of all parcels within the area proposed to be assessed, and has examined and approved the mailing list containing the names and addresses of all such owners; and this Council hereby finds, determines and declares that notice of said hearing was duly mailed to the owners of each and all parcels within the area proposed to be assessed in accordance with and as required by law. 3. At the March 25, 2002 meeting, after taking public comment from all persons present at the hearing desiring to be heard, the Council postponed taking action to order the project until its April 8, 2002 meeting. At its April 8, 2002 meeting, the Council again postponed taking action to order the project until its May 28, 2002 meeting. 4. At both the March 25' and April 8' meetings, the Council discussed the merits of a proposed two lane or four lane road design paying particular attention to controlling the intersection at 36' Avenue North and Boone Avenue North with either stop signs or traffic signals. It was ultimately decided by the Council to approve plans and specifications for a two way road design with said intersection being controlled by traffic signals. Staff was authorized to advertise for bids to award a construction contract for a two lane road design and traffic signals if this project is ordered to be constructed by the Council. S. That all persons desiring to be heard were given an opportunity to be heard thereon, and this Council, having considered the views of all persons interested and being fully advised as to the pertinent facts, does hereby determine to proceed with the making of said proposed improvement, and said improvement is hereby ordered using the two lane road design with traffic signals at the intersection of 36t' Avenue North and Boone Avenue North. 6. The area proposed to be assessed to pay the cost of said improvement shall include the property described in the Notice of Public Hearing pertaining thereto. 1 Adopted by the City Council this 28`' day of May, 2002. W. Peter Enck, Mayor Attest: Valerie Leone, City Clerk P:\Attorney\SAS\Documents\CNH99.66260-001-Resolution.doe �- M . # # go M11,M11,11J 1 1 . O. i CONSTRUCTION OF STREET I 1WRO NO. , (36' Avenue Infrastructure Improvements) BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. That bids for the construction of 36`' Avenue Street Infrastructure Improvement No. 626 were duly opened at the New Hope City Hall, 4401 Xylon Avenue North, at 2:00 o'clock p.m. on the 22' day of May, 2002, 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 24' day of April, 2002, and in The Construction Bulletin on the 26' day of April and 3r day of May, 2002. 3. It is hereby found and determined by this Council that the bid of Veit & Company, Inc. for the construction of said project in the amount of $2,248,146.10 is the lowest responsible bid submitted for the construction of said improvement; that Bonestroo, Rosen, 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 be 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 City Council this 28' day of May, 2002. - A� �_ W. Peter Enck, Mayor Attest: Valerie Leone, City Clerk P: \Attorney \SAS \Documents \CNH99.66260 - 002 - Resolution.doc 1 Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 • TELEFAx (763) 493 -5193 e -mail law@jensen-sondrall.com DOUGLAS J. DEBNER GORDON L. JENSEN' GLEN A. NORTON STEVEN A.SONDRALL WILLIAM C. STRAIT STACY A. WOODS OF COUNSEL LORENS Q.BRYNESTAD 'Real Property Law Specialist Certified By The Minnesota State Bar Association 'Qualified ADR Neutral 'Admitted in Iowa CO('� May 21, 2002 ILIA FAX TO: (763) 533 -7650 AND BYREGULAR U.S. MAIL Public Works Department City of New Hope Attn: Tom Schuster Department of Public Works 6500 International Parkway New Hope, MN 55428 Re: Resolutions for 36t' Avenue Street Improvement Project No. 626 Our File No.: 99.66260 Dear Tom: Please find enclosed the following Resolutions for consideration at the May 28" Council Meeting we discussed yesterday on the telephone: 1. Resolution Ordering Construction of Street Infrastructure Improvement No. 626; and 2. Resolution Awarding Contract for the Construction of Street Infrastructure Improvement No. 626. The Resolution ordering construction of the project should first be considered by the Council at its May 26t' meeting. If they pass the Resolution Ordering the project, they can obviously then adopt the resolution awarding the contract for the construction. As we discussed, this is not a public hearing. The public hearing was held and closed on March 25t'', therefore, the Council only need consider at the May 28t' meeting the two Resolutions enclosed. May 21, ?.002 Page 2 Please contact me if you have any questions regarding the Resolutions or the procedure for this assessment project. Very truly yours, Steven A. Sondrall, City Attorney, City of New Hope JENSEN & SONDRALL,P.A. sas(a jensen- sondrall.com After Hours Extension #147 Enclosures cc: Valerie Leone, City Clerk, City of New Hope (w /enc.) CNH99.66260- 003 - Schuster Ltr.wpd Honorable Mayor and City Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 -4898 Re: 36th Avenue Street and Utility Improvements Project City Project No. 626 Bonestroo File No. 34 -98 -217 Recornmen cation of Contract Award Honorable Mayor and City Council: Project Summary City Project 626, 36"' Avenue Street and Utility Improvements, includes: • Reconstruction of the 36"' Avenue pavement, curb and gutter, sidewalk Construction of a traffic signal at Boone Avenue Reconstruction of all water main, some sanitary sewer and storm sewer. Construction of a regional trail along 36 Avenue and Boone Avenue Reconstruction of the ball fields and construction of a soccer field west and south of Sonnesyn Elementary using excess material from the street, sidewalk, and trail construction Bid Summary Bids were opened for the project stated above on Wednesday, May 22, 2002 at 2 :00 PM. There were a total of three (3) bids, The following summarizes the results of the bids received: Contractor Bid Amount Low Veit & Company, Inc. $2,248,146.10 #2 F. M. Frattalone Excavating & Grading, Inc. $2,773,813.58 #3 Hatdrives, Inc. $3,165,074.43 The low bidder on the project was Veit k Company, Inc. with a Base Bid of $2,248,146.10. This is lower than the Engineer's Estimate of $2,660,000.00. The bid unit prices were generally comparable to the estimate. Competitive pricing was given for the street excavation, salvaging existing aggregate materials in 36 Avenue, and the construction of the ball fields. Mobilization was also much lower than estimated. These items account for the overall competitive bid. Coordination with Proieet 710 (Hidden Valley Park Improvements) Project 626 will save approximately $125,000 by placing excess material on the play fields and not hauling the material off the project. In turn, these dollars will be spent towards the reconstruction of the play fields. The placement of the material and the restoration will be funded by the street fund equating to the previously cited savings. The Park fund is the revenue source for the play field amenities such as fencing, ball field aggregate, soccer field irrigation, and bituminous trails. 2335 West Highway 36 a St. Paul, MN 55113 * 651-636 -4600 a Fax: 651 - 636-1311 Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action /Equal Opportunity Employer Bonestroo and Employee Owned A" Rosene Principals:. Otto G. Bonestroo, RE. • Marvin L. Sorwila, P.E. • Glenn R. Cook, PE. • Robert G. Schunicht, PE. Jerry A. Bourdon, P.E. Anderlik & Senior Consultants: Robert W. Rosene, PE. • Joseph C. Anderlik, P.E. • Richard E. Turner, RE. • Susan M. Eberlin, C.P.A. Associates Associate Principals: Keith A. Gordon, PE. • Robert R. Pfefferle, RE. • Richard W. Foster, PE. • David O. Loskot,i, RE. Mark A. Hanson, P.E. • Michael T. Rautmann, P.E. • Ted K. Field, PE. • Kenneth P Anderson, PE. • Mark R. Rolfs, RE. David A. Bonestroo, M.B.A. • Sidney R Williamson, RE., L.S. • Agnes M. Ring, M.B.A. • Allan Rick Schmidt, RE. Engineers &Architects Thomas W. Peterson, P.E. • James R. Maland, RE. • Miles B. Jensen, RE. • L. Phillip Gravel III, RE. • Daniel J. Edgerton, P.E. g Ismael Martinez, RE. • Thomas A. Syfko, RE. • Sheldon J. Johnson • Dale A. Grove, RE. • Thomas A. Roushar, RE. Robert J. Devery, RE. Offices: St. Paul, St. Cloud, Rochester and Willmar, MN • Milwaukee, WI • Chicago, IL May 23, 2002 Website: www.bonestroo.com Honorable Mayor and City Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 -4898 Re: 36th Avenue Street and Utility Improvements Project City Project No. 626 Bonestroo File No. 34 -98 -217 Recornmen cation of Contract Award Honorable Mayor and City Council: Project Summary City Project 626, 36"' Avenue Street and Utility Improvements, includes: • Reconstruction of the 36"' Avenue pavement, curb and gutter, sidewalk Construction of a traffic signal at Boone Avenue Reconstruction of all water main, some sanitary sewer and storm sewer. Construction of a regional trail along 36 Avenue and Boone Avenue Reconstruction of the ball fields and construction of a soccer field west and south of Sonnesyn Elementary using excess material from the street, sidewalk, and trail construction Bid Summary Bids were opened for the project stated above on Wednesday, May 22, 2002 at 2 :00 PM. There were a total of three (3) bids, The following summarizes the results of the bids received: Contractor Bid Amount Low Veit & Company, Inc. $2,248,146.10 #2 F. M. Frattalone Excavating & Grading, Inc. $2,773,813.58 #3 Hatdrives, Inc. $3,165,074.43 The low bidder on the project was Veit k Company, Inc. with a Base Bid of $2,248,146.10. This is lower than the Engineer's Estimate of $2,660,000.00. The bid unit prices were generally comparable to the estimate. Competitive pricing was given for the street excavation, salvaging existing aggregate materials in 36 Avenue, and the construction of the ball fields. Mobilization was also much lower than estimated. These items account for the overall competitive bid. Coordination with Proieet 710 (Hidden Valley Park Improvements) Project 626 will save approximately $125,000 by placing excess material on the play fields and not hauling the material off the project. In turn, these dollars will be spent towards the reconstruction of the play fields. The placement of the material and the restoration will be funded by the street fund equating to the previously cited savings. The Park fund is the revenue source for the play field amenities such as fencing, ball field aggregate, soccer field irrigation, and bituminous trails. 2335 West Highway 36 a St. Paul, MN 55113 * 651-636 -4600 a Fax: 651 - 636-1311 Project 626 was bid in conjunction with City Project 710, Hidden Valley Park Improvements. The projects are adjacent and share some similar types of construction. Project 710 includes: • Reconstruction of the tennis courts, hockey rink, and bituminous trails • Construction of a new pedestrian bridge, basketball courts, and gazebo • Construction of several storm water pond improvements in accordance with the City's Surface Water Management Plan. The feasibility report for the overall project includes information for both Projects 626 and 710. The projects were bid separately to promote competition between bidders. Veit & Company, Inc. was also the low bidder on Project 710 with a bid of $800,930.89. Total bids for Projects 626 and 710 $3,049,076.99 Feasibility Report Estimate $3,149,600.00 The overall bid costs are slightly less ($100,523.01) than those estimated in the feasibility report. Proiect Funding We have reviewed the bids with staff and understand the improvement costs and funding for Project 626 could be as follows: Revenue Source Construction Indirect Total Project Costs Costs Costs Municipal State Aid (MSA) $1,331,796.10 $343,209.03 1,675,005.13 Project Assessments $78,800.00 $19,700.00 $98,500.00 Utility Funds Storm Water Funds Street Fund $372,100.00 $99,700.00 $115,450.00 $93,025.00 $24,925.00 $28,862.50 $465,125.00 $124,625.00 $144,312.50 Park Fund $147,700.00 $36,925.00 $184,625.00 Three Rivers Parks District $102,600.00 $15,390.00 $117,990.00 Totals $2,248,146.10 $562,036.53 $2,810,182.63 Indirect costs include legal, engineering, and administrative costs. Indirect costs are estimated at 25 %. Proiect Award If the City Council wishes to award the project as outlined, then Veit & Company, Inc. should be awarded the project on the Base Bid Amount of $2,248,146.10. It is recommended that all parts of the project be awarded. Should you have any questions, please feel free to contact me at (651) 604 -4790. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Vincent T. Vander Top, P.E. Enclosures Bonestroo Rosene Anderlik & Associates Engineers & Architects Project Name: 36th Avenue Street and Utility Improvements / hereby certify that this is an exact City Project No.: 626 File No.: 34 -98 -217 reproduction of bids received Bid Opening: Wednesday, May 22, 2002 at 2:00 PM Owner: City of New Hope Vincent T. Vander Top, 7D. E. Registration No. 25770 Item Num Bid Tabulation Item Units Qty Bidder No. 1 Veit & Company Inc p y Unit Price Total Bidder No. 2 F M Frattalone Excavating & Grading Inc Unit Price Total Bidder No. 3 Hardrives Inc Unit Price Total Part 1 - Street/Sidewalk - 36th Ave /Boone: 1 2 Mobilization Clearing LS 1 $25,000.00 $25,000.00 $224,600.00 $224,600.00 $95,500.00 $95,500.00 3 Grubbing tree Tree 9 $160.00 $1,440.00 $440.00 $3,960.00 $310.00 $2,790.00 4 Remove retaining wall LF 9 135 $160.00 $12.00 $1,440.00 $1,620.00 $110.00 $11.00 $990.00 $180.00 $1,620.00 5 Remove concrete curb and gutter LF 9640 $2.60 $25,064.00 $2.80 $1,485.00 $26,992.00 $15.80 $3.33 $2,133.00 $32,10120 6 Remove bituminous pavement SY 45 $12.00 $540.00 $10.00 $450.00 $6.55 $294.75 7 Remove bituminous driveway pavement SY 645 $4.50 $2,902.50 $1.75 $1,128.75 $5.35 $3,450.75 8 9 Remove concrete walk Remove concrete driveway pavement SY SY 4870 150 $3.20 $5.00 $15,584.00 $3.00 $14,610.00 $6.30 $30,681.00 10 Remove sign EA 14 $50.00 $750.00 $700.00 $6.00 $50.00 $900.00 $700.00 $9.25 $105.00 $1,387.50 $1,470.00 11 12 Remove handhole Sawing concrete pavement (full depth) EA LF 1 $540.00 $540.00 $500.00 $500.00 $550.00 $550.00 13 Sawing bituminous pavement LF 103 1138 $5.00 $3.00 $515.00 $3,414.00 $10.00 $2.00 $1,030.00 $2,276.00 $6.65 $684.95 14 Salvage and reinstall retaining wall SF 100 $31.00 $3,100.00 $25.00 $2,500.00 $4.25 $27.80 $4,836.50 $2,780.00 15 16 Salvage Sign Reclaim bituminous pavement EA SY 45 24540 $38.00 $1.10 $1,710.00 $35.00 $1,575.00 $39.00 $1,755.00 17 Common excavation (EV) CY 25000 $4.15 $26,994.00 $103,750.00 $1.90 $12.10 $46,626.00 $302,500.00 $0.74 $10.05 $18,159.60' 18 Select granular borrow (CV) CY 6740 $10.80 $72,792.00 $16.40 $110,536.00 $19.40 $251,250.00'' $130,756.00'. 19 20 Topsoil borrow (LV) Geotextile fabric CY 2180 $10.00 $21,800.00 $12.40 $27,032.00 $18.45 $40,221.00' 21 Motor Grader SY HR 20685 $0.60 $12,411.00 $1.00 $20,685.00 $1.30 $26,890.50 22 Skidsteer HR 60 $115.00 $6,900.00 $120.00 $7,200.00 $133.00 $7,980.00 23 Street Sweeper (with pickup broom) HR 35 35 $92.00 $85.00 $3,220.00 $2,975.00 $94.00 $85.00 $3,290.00 $2,975.00 $89.00 $3,115.00 24 Water for dust control MG 60 $14.00 $840.00 $20.00 $1,200.00 $100.00 $21.00 $3,500.00 $1,260.00 25 Aggregate base, (CV) Class 5, 100 % 26 crushed Aggregate base (CV), salvaged reclaim CY 2915 $23.00 $67,045.00 $26.00 $75,790.00 $25.00 $72,875.00 27 material Mill bituminous surface (1.5 ") CY SY 4350 5520 $2.00 $1.00 $8,700.00 $14.95 $65,032.50 $6.65 $28,927.50 28 Type 41A bituminous wear course TN 1580 $35.00 $5,520.00 $55,300.00 $0.74 $36.25 $4,084.80 $57,275.00 $2.65 $14,628.00 29 Type 31B bituminous binder course mixture TN 2185 $33.00 $72,105.00 $32.60 $71,231.00 $35.00 $31.60 $55,300.00 $69,046.00 30 31 Type 31B bituminous base course mixture Type 41 bituminous mixture for driveways TN TN 4295 $32.00 $137,440.00 $32.45 $139,372.75 $30.40 $130,568.00 32 Bituminous material for tack coat GAL 145 1725 $80.00 $1.60 $11,600.00 $2,760.00 $97.00 $1.95 $14,065.00 $200.00 $29,000.00 33 34 4" pert PVC pipe drain Connect drain the to structure (core drill) LF EA 1070 $15.00 $16,050.00 $5.00 $3,363.75 $5,350.00 $1.28 $13.90 $2,208.00 $14,873.00 35 4" concrete walk SF 4 36860 $510.00 $2.85 $2,040,00 $105,051.00 $500.00 $2.65 $2,000.00 $165.00 $660.00' $97,679.00 $2.85 $105,051.00 34982178T BT -1 Bidder No, 1 Bidder No. 2 Bidder No. 3 Bid Tabulation Veit & Company Inc F M Frattalone Excavating & Hardrives Inc Item Grading Inc .. Num 36 Item Concrete curb and gutter, Design B618 Units LF Qty 8730 Unit Price $8.60 Total Unit Price Total Unit Price Total 37 6" concrete driveway pavement SY 150 $32.00 $75,078.00 $4,800.00 $8.05 $30.00 $70,276.50 $8.55 $74,641.50 38 39 Pedestrian curb ramp Relocate EA 36 $270.00 $9,720.00 $250.00 $4,500.00 $9,000.00 $33.35 $165.00 $5,002.50 $5,940.00 40 mailbox Traffic control EA LS 26 $70.00 $1,820.00 $65.00 $1,690.00 $185.00 $4,810.00 41 Traffic Control - Detour DAY 1 90 $10,800.00 $130.00 $10,800.00 $13,300.00 $13,300.00 $11,100.00 $11,100.00 42 Sign panel, type C SF 180 $21.00 $11,700.00 $3,780.00 $205.00 $19.50 $18,450.00 $134.00 $12,060.00 43 Pavement message (left arrow) paint EA 4 $54.00 $216.00 $65.00 $3,510.00 $260.00 $21.65 $3,897.00 44 45 4" solid line white -paint 4" broken line white -paint LF LF 14480 $0.05 $724.00 $0.08 $1,158.40 $72.00 $0.09 $288.00 $1,303.20 46 4" double solid line yellow -paint LF 580 8828 $0.05 $0.20 $29.00 $1,765.60 $0.08 $0.16 $46.40 $0.09 $52.20 47 24" solid line white -paint LF 430 $2.70 $1,161.00 $1.65 $1,412.48 $709.50 $0.18 $1,589.04 48 Zebra Crosswalk white - paint SY 270 $16.00 $4,320.00 $20.00 $5,400.00 $1.39 $22.20 $597.70 49 50 Full T Act T Control Signal System Install PVC handhole SIGS 1 $180,000.00 $180,000.00 $166,750.00 $166,750.00 $185,400.00 $5,994.00 $185,400.00 51 Install NMC loop detector EA EA 1 2 $840.00 $1,295.00 $840.00 $2,590.00 $780.00 $1,200.00 $780.00 $865.00 $865.00' 52 Silt fence, Type regular LF 200 $1.60 $320.00 $2.00 $2,400.00 $1,330.00 $2,660.001 53 Silt Fence around catch basin EA 27 $12.00 $324.00 $100.00 $400.00 $2,700.00 $2.78 $160.00 $556.00 54 55 Temporary sediment trap Sodding, type lawn EA SY 2 $450.00 $900.00 $250.00 $500.00 $1,725.00 $4,320.00 $3,450.00 Total Part 7 - Street/Sidewalk - 36th 19510 $2.00 $39,020.00 $1.90 $37,069.00 $1.89 $36,873.90 Ave /Boone $1,169,520.10 $1,681,296.83 $1,549,703.29 Part 2 - Storm Sewer - 36th Ave /Boone: 56 57 Clearing Grubbing tree Tree 7 $215.00 $1,505.00 $440.00 $3,080.00 $310.00 $2,170.00 58 Remove concrete sewer pipe (storm) LF 8 1166 $215.00 $10.00 $1,720.00 $11,660.00 $110.00 $880.00 $180.00 $1,440.00 59 Remove concrete apron EA 2 $280.00 $560.00 $8.00 $200.00 $9,328.00 $400.00 $9.95 $11,601.70 60 Remove manhole or catch basin EA 12 $500.00 $6,000.00 $275.00 $3,300.00 $385.00 $555.00 $770.00 61 62 Salvage & install wood fence Abandon sewer LF 30 $37.00 $1,110.00 $25.00 $750.00 $35.00 $6,660.00 $1,050.00 63 pipe Common excavation (EV), pond, on -site LF CY 760 200 $17.00 $8.00 $12,920.00 $8.00 $6,080.00 $14.10 $10,716.00 64 Topsoil borrow (LV) CY 90 $13.00 $1,600.00 $1,170.00 $15.00 $20.00 $3,000.00 $1,800.00 $22.00 $4,400.00 65 Improved pipe foundation CY 200 $30.00 $6,000.00 $30.00 $6,000.00 $19.70 $0.02 $1,773.00 66 67 48" RC pipe apron w /trash guard 48" RC pipe sewer Class III EA 1 $2,700.00 $2,700.00 $3,000.00 $3,000.00 $3,625.00 $4.00' $3,625.00 68 12" Pipe sewer, storm LF LF 212 461 $160,00 $28.00 $33,920.00 $105.00 $22,260.00 $151.00 $32,012.00 69 15" Pipe sewer, storm LF 130 $29.00 $12,908.00 $3,770.00 $24.85 $26.40 $11,455.85 $3,432.00 $34.40 $15,858.40 70 71 18" Pipe sewer, storm 21" RC pipe sewer Des 3006 Class IV LF LF 369 $33.00 $12,177.00 $28.45 $10,498.05 $36.05 $37.65 $4,686,50 $13,892.85 72 24" RC pipe sewer Des 3006 Class IV LF 856 527 $32.50 $40.00 $27,820.00 $21,080.00 $31.00 $26,536.00 $42.15 $36,080.40 73 36" RC pipe sewer Des 3006 Class III LF 36 $180.00 $6,480.00 $36.00 $58.15 $18,972.00 $2,093.40 $45.90 $24,189.30 74 Construct bulkhead (storm sewer) EA 6 $400.00 $2,400.00 $150.00 $900.00 $160.00 $528.00 $5,760.00 75 76 Const drainage structure 4' MH Const drainage structure 6' MH EA 3 $1,550.00 $4,650,00 $1,100.00 $3,300.00 $2,100.00 $3,168.00 $6,300.00 77 Const drainage structure 7' MH EA EA 1 1 $3,100.00 $4,200.00 $3,100.00 $3,500.00 $3,500.00 $3,495.00 $3,495.00 78 Const drainage structure 4' CBMH EA 17 $1,600.00 $4,200.00 $27,200.00 $4,800.00 $1,200.00 $4,800.00 $4,725.00 $4,725.00 $20,400.00 $2,000.00 $34,000.00 3498217BT BT -2 Bidder No. 1 Bidder No. 2 Bidder No. 3 Bid Tabulation Veit & Company Inc F M Frattalone Excavating & Hardrives Inc Item Grading Inc ,. NUm 79 Item 2'x 3' rectangular catch basin Units EA Qt 15 Unit Price $980.00 Total $14,700.00 Unit Price $900.00 Total Unit Price Total 80 Construct MH over existing pipe EA 1 $500.00 $500.00 $1,500.00 $13,500.00 $1,500.00 $1,365.00 $2,255.00 $20,475.00 $2,255.00 81 Remove and replace manhole frame EA 5 $400.00 $2,000.00 $300.00 $1,500.00 $720.00 $3,600.00 82 83 Remove and replace catch basin frame Connect to existing storm sewer EA 3 $400.00 $1,200.00 $350.00 $1,050.00 $695.00 $2,085.00 84 Connect to existing manhole EA EA 5 4 $375.00 $500.00 $1,875.00 $2,000.00 $750.00 $3,750.00 $945.00 $4,725.00 85 Const 4' diameter structure overdepth LF 7 $115.00 $805.00 $750.00 $100.00 $3,000.00 $700.00 $1,665.00 $6,660.00 86 Const 6' diameter structure overdepth LF 12 $240.00 $2,880.00 $180.00 $2,160.00 $110.00 $240.00 $770.00 $2,880.00 87 88 Const 7' diameter structure overdepth Random Riprap Class III LF 11 $345.00 $3,795.00 $275.00 $3,025.00 $365.00 $4,015.00 89 Sodding, type lawn CY SY 70 625 $46.00 $2.40 $3,220.00 $55.00 $3,850.00 $92.85 $6,499.50 Total Part 2 - Storm Sewer - 36th $1,500.00 $2.00 $1,250.00 $1.89 $1,181.25 Ave /Boone $241,125.00 $201,050.30 $283,522.90 Part 3 - Watermain: 90 91 Remove water main Remove hydrant LF EA 748 $8.00 $5,984.00 $12.00 $8,976.00 $7.20 $5,385.60 92 Remove manhole or catch basin EA 8 3 $200.00 $530.00 $1,600.00 $1,590.00 $560.00 $4,480.00 $330.00 $2,640.00 93 Remove gate valve & box EA 2 $133.00 $266.00 $250.00 $200.00 $750.00 $555.00 $1,665.00 94 95 Remove valve box Improved pipe foundation EA 15 $106.00 $1,590.00 $50.00 $400.00 $750.00 $195.00 $165.00 $390.00 $2,475.00 96 Construct bulkhead (watermain) CY EA 430 23 $31.00 $165.00 $13,330.00 $3,795.00 $30.00 $12,900.00 $0.02 $8.60 97 Temporary water service LS 1 $20,000.00 $20,000.00 $50.00 $10,000.00 $1,150.00 $10,000.00 $830.00 $20,500.00 $19,090.00 98 99 6" water main offset Hydrant EA 2 $1,245.00 $2,490.00 $2,100.00 $4,200.00 $3,600.00 $20,500.00 $7,200.00 100 Connect to existing water main EA EA 8 19 $1,500.00 $300.00 $12,000.00 $1,930.00 $15,440.00 $1,875.00 $15,000.00' 101 6" gate valve and box EA 20 $595.00 $5,700.00 $11,900.00 $450.00 $740.00 $8,550.00 $1,390.00 $26,410.00 102 8" gate valve and box EA 8 $800.00 $6,400.00 $850.00 $14,800.00 $6,800.00 $930.00 $1,105.00 $18,600.00 103 104 12" butterfly valve and box 1" corporation stop EA 4 $955.00 $3,820.00 $1,180.00 $4,720.00 $1,370.00 $8,840.00 $5,480.00 105 1 -1/2" corporation stop EA EA 22 1 $100.00 $180.00 $2,200.00 $75.00 $1,650.00 $101.00 $2,222.00 106 1" curb stop and box EA 22 $145.00 $180.00 $3,190.00 $150.00 $100.00 $150.00 $2,200.00 $214.00 $214.00 107 1 -1/2" curb stop & box EA 1 $186.00 $186.00 $150.00 $150.00 $175.00 $245.00 $3,850.00 108 109 Reconnect water services 6" water main - ductile iron, Class 52 EA LF 23 $325.00 $7,475.00 $150.00 $3,450.00 $305.00 $245.00 $7,015.00 110 8" water main - ductile iron, Class 52 LF 834 2210 $21.00 $23.00 $17,514.00 $50,830.00 $23.00 $19,182.00 $35.50 $29,607.00' 111 12" water main - ductile iron, Class 52 LF 2605 $29.50 $76,847.50 $25.20 $31.60 $55,692.00 $28.95 $63,979.50 112 1" Type "K" copper water service LF 700 $14.80 $10,360.00 $9.00 $82,318.00 $38.25 $99,641.25 113 1 -1/2" Type "K" copper water service LF 50 $18.00 $900.00 $11.00 $6,300.00 $23.75 $,625.00 114 2" polystyrene insulation SY 20 $37.00 $740.00 $10.00 $550.00 $27.75 $ $11,387.50 115 Ductile iron fittings LB 10550 $2.75 $29,012.50 $0.75 $200.00 $7,912.50 $19.35 $387.00 Total Part 3 - Watermain $289,900.00 $3.10 $32,705.00 $273,670.50 $391,562.45 Part 4 - Sanitary Sewer: 116 117 Remove sewer pipe (sanitary) Remove manhole or catch basin LF EA 570 $14.00 $7,980.00 $12.00 $6,840.00 $4.15 $ 118 Abandon Catch Basin or Manhole EA 3 2 $500.00 $430.00 $1 ,500.00 $200.00 $600.00 $555.00 6 65.50 $1,665.00 $860.00 $200.00 $400.00 $500.00 $1,000.00 3498217BT BT -3 Bidder No. 1 Bidder No. 2 Bidder No. 3 Bid Tabulation Veit & Company Inc F M Frattalone Excavating 8 Item Grading Inc Hardrives Inc NAi m 119 Item Abandon pipe sewer Units LF Qty 760 Unit Price $6.50 Total Unit Price Total Unit Price Total 120 Improved pipe foundation CY 180 $31.00 $4,940.00 $5,580.00 $4.00 $30.00 $3,040.00 $14.15 $10,754.00 121 8" PVC pipe sewer, SDR 35, 0' -10' deep LF 130 $21.50 $2,795.00 $16.00 $5,400.00 $2,080.00 $0.02 $3.60 122 8" PVC pipe sewer, SDR 35, 10' -12' deep LF 360 $23.00 $8,280.00 $17.00 $6,120.00 $29.55 $3,841.50 123 8" PVC pipe sewer, SDR 35, 12' -14' deep LF 30 $24.00 $720.00 $18.00 $29.55 $10,638.00 124 10" PVC pipe sewer, SDR 35 10' -12' deep LF 326 $24.50 $7,987.00 $20.00 $540.00 $29.55 $886.50 125 10" PVC pipe sewer, SDR 35 12' -14' deep LF 40 $28.50 $1,140.00 $22.35 $6,520.00 $54.70 $17,832.20 126 10" PVC pipe sewer, SDR 26, 14' -16' deep LF 330 $27.00 $8,910.00 $23.55 $894.00 $54.70 $2,188.00 127 10" PVC pipe sewer, SDR 26, 16' -18' deep LF 50 $31.50 $1,575.00 $7,771.50 $59.50 $19,635.00 128 10" PVC pipe sewer, SDR 26, 18' -20' deep LF 50 $37.00 $1,850.00 $25.55 $25.55 $1,277.50 $59.50 $2,975.00 129 Construct bulkhead (sanitary sewer) EA 27 $200.00 $5,400.00 $50.00 $1,277.50 $59.50 $2,975.00 130 Connect to existing manholes (sanitary) EA 4 $575.00 $2,300.00 $750.00 $1,350.00 $3,000.00 $1.10 $2,220.00 $29.70 131 Reconnect to existing sanitary sewer $8,880.00 132 service 4" PVC, SDR 26 service pipe EA LF 7 260 $300.00 $21.50 $2,100.00 $100.00 $700.00 $32.85 $229.95 133 8" x 4" PVC wye SDR 35 EA 6 $61.50 $5,590.00 $369.00 $11.00 $2,860.00 $20.55 $5,343.001 134 10" x 4" PVC wye SDR 35 EA 1 $100.00 $100.00 $75.00 $100.00 $450.00 $110.00 $660.00 135 Closed circuit television inspection LF 1216 $0.50 $608.00 $1.00 $100.00.. $146.00 $146.00 136 Remove and replace manhole frame EA 11 $300.00 $3,300.00 $300.00 $1,216.00 $0.79 $960.64 137 138 Standard sanitary manhole Standard EA 5 $1,340.00 $6,700.00 $1,200.00 $3,300.00 $6,000.00 $720.00 $1,955.00 $7,920.00 Sanitary Manhole overdepth Total Part 4 - Sanitary Sewer LF 14 $115.00 $1,610.00 $100.00 $1,400.00 $110.00 $9,775.00 $1,540.00 $82,194.00' $63,136.50 $112,243.59 Part 5 - Regional Trail: 139 140 Remove concrete curb and gutter Remove concrete walk LF 100 $5.00 $500.00 $3.00 $300.00 $5.50 $550.00 141 Relocate MTC bench SY EA 1410 2 $2,00 $115.00 $2,820.00.. $3.00 $4,230.00 $6.30 $8,883.00 142 Common excavation (EV), path CY 800 $5.00 $230.00 $4,000.00 $500.00 $1,000.00 $655.00 $1,310.00 143 Topsoil borrow (LV) CY 180 $13.00 $2 340.Op $15.00 $12.50 $12,000.00 $21.45 $17,160.00 144 Aggregate base, (CV) Class 5, 100% $2,250.00 $19.70 $3,546.00 145 crushed Type 41A bituminous mixture for path CY TN 1180 1045' $20.00 $23,600.00 $26.00 $30,680.00 $29.30 $34,574.00 146 Modular block retaining wall SF 1010 $40.00 $17.00 $41,800.00 $17,170.00 $60.75 $63,483.75 $43.95 $45,927.75 147 Adjust curb box EA 1 $265.00 $265.00 $19.15 $75.00 $19,341.50 $20.05 $20,250.50 148 Concrete curb and gutter, Design 8618 LF 100 $27.00 $2,700.00 $25.00 $75.00 $ $280.00 149 Sodding, type lawn ' SY 2870 $2.50 $7,175.00 $2.00 $2,500.00 $ $18.00 18.20 $1,820.00 Total Part 5 - Regional Trail $102,600.00 $5,740.00 $1.89 $5,424.30 $141,600.25 $139,725.55 Part 6 - Piayfields: 150 151 Clearing Grubbing tree Tree 15 $160.00 $2,400.00 $275.00 $4,125.00 $310.00 $4,650.00 152 Remove concrete curb and gutter LF 15 18 $160.00 $2,400.00 $11,0.00 $1,650.00 $180.00 $2,700.00 153 Remove concrete sewer pipe (storm) LF 10 $8.00 $18.00 $144.00 $10.00 $180.00 $5.65 $101.70 154 Remove bituminous pavement SY 1385 $2.50 $180.00 $3,462.50 $15.00 $150.00 $11.00 $110.00 155 Remove concrete walk SY 172 $4.00 $688.00 $2.00 $2,770.00 $4.20 $5,817.00 156 Remove concrete apron EA 1 $400.00 $400.00 $3.00 $250.00 $51600 .5 $10.3 $1 ,780.20 157 Sawing bituminous pavement LF 200 $3.50 $700.00 $250.00 $390.00 $390.00 $2.00 $400.00 $4.25 $850.00 3498217BT BT-4 Item Num Bid Tabulation Item Units Qty 158 Common excavation (EV) CY 1650 159 Topsoil borrow (LV) CY 2200 160 Salvaged topsoil CY 4000 161 Aggregate base, (CV) Class 5, 100% $25,155.00 $86.50 $2,249.00 crushed CY 900 162 Type 41A bituminous wear course TN 26 163 Type 31 B bituminous base course mixture TN 35 164 Bituminous material for tack coat GAL 15 165 36" RC pipe apron w /trash guard EA 1 166 24" RC pipe apron EA 1 167 12" Pipe sewer, storm LF 82 168 15" Pipe sewer, storm LF 200 169 18" Pipe sewer, storm LF 237 170 24" RC pipe sewer Des 3006 Class IV LF 478 171 30" RC pipe sewer Des 3006 Class III LF 375 172 30" RC pipe sewer Des 3006 Class IV LF 375 173 36" RC pipe sewer Des 3006 Class III LF 52 174 Const drainage structure 4' MH EA 1 175 Const drainage structure 5' MH EA 2 176 Const drainage structure 4' CBMH EA 1 177 Const drainage structure 5' CBMH EA 1 178 Connect to existing manhole EA 2'. 179 Const 5' diameter structure overdepth LF 17' 180 Random Riprap Class III CY 36 181 Concrete curb and gutter, Design 8618 LF 18 182 Temporary Fence LF 5000 183 Hay bales EA 12 184 Silt fence, Type regular LF 525 185 Temporary rock construction entrance EA 2 186 Protection of catch basin, non - street EA 4 187 Sodding, type lawn SY 19000 188 Hydroseed SY 25200 189 Irrigation System LS 1 190 Red ball diamond rock CY 280 191 Select granular borrow (CV), balifields CY 900 192 Irrigation system electrical service LS 1 193 Remove backstop and fences EA 3 194 Ballfield backstop EA 2 195 Ballfield fencing - 8' high LF 472 196 Player bench w /conc pad - 200 SF EA 4 197 4" concrete bleacher pad SF 983 198 Concrete maintenance curb LF 70 199 Litter receptacle conc. pad EA 3 200 Site grading LS 1 201 Portable toilet enclosure w /conc pad - handicap EA 1 Total Part 6 - Playfields Bidder No. 1 Veit & Company Inc Unit Price T $13.00 $28,600.00 $3.75 $15,000.00 $20.00 $80.00 $64.00 $3.00 $1,845.00 $540.00 $23.00 $26.00 $29.00 $36.00 $44.50 $51.00 $61.00 $1,540.00 $2,220.00 $1,450.00 $2,300.00 $550.00 $187.00 $47.00 $32.00 $1.65 $11.00 $2.00 $900.00 $100.00 $1.75 $1.00 $13,000.00 $31.00 $11.00 $2,100.00 $320.00 $7,800.00 $35.00 $1,000.00 $4.00 $16.00 $600.00 $42,000.00 $18,000.00 $2,080.00 $2,240.00 $45.00 $1,845.00 $540.00 $1,886.00 $5,200.00 $6,873.00 $17,208.00 $16,687.50 $19,125.00 $3,172.00 $1,540.00 $4,440.00 $1,450.00 $1,100.00 $3,179.00 $1,692.00 $576.00 $8,250.00 $132.00 $1,050.00 $1,800.00 $400.00 $33,250.00 $25,200.00 $13,000.00 $8,680.00 $9,900.00 $2,100.00 $15,600.00 $16,520.00 $4,000.00 $3,932.00 $1,120.00 $1,800.00 $42,000.00 $4,000.00 7.00 Bidder No. 2 F M Frattalone Excavating & Grading Inc Unit Price Total Bidder No. 3 Hardrives Inc Unit Price Total $10.00 $16,500.00 $12.30 $20,295.00 $12.40 $27,280.00 $18.45 $40,590.00 $6.00 $24,000.00 $10.30 $41,200.00 $26.00 $23,400.00 $27.95 $25,155.00 $86.50 $2,249.00 $132.00 $3,432.00 $82.00 $2,870.00 $120.00 $4,200.00 $6.00 $90.00 $7.00 $105.00 $1,940.00 $1,940.00 $2,791.00 $2,791.00 $1,250.00 $1,250.00 $1,200.00 $1,200.00 $22.25 $1,824.50 $33.50 $2,747.00 $25.50 $5,100.00 $35.10 $7,020.00 $32.45 $7,690.65 $40.25 $9,539.25 $34.00 $16,252.00 $48.75 $23,302.50 $42.00 $15,750.00 $57.35 $21,506.25. $50.50 $18,937.50 $83.80 $31,425.00 $57.00 $2,964.00 $128.00 $6,656.00 $1,100.00 $1,100.00 $2,005.00 $2,005.00 $2,650.00 $5,300.00 $2,765.00 $5,530.00 $1,100.00 $1,100.00 $2,005.00 $2,005.00 $2,650.00 $2,650.00 $2,765.00 $2,765.00 $750.00 $1,500.00 $1,110.00 $2,220.00 $150.00 $2,550.00 $180.00 $3,060.00 $55.00 $1,980.00 $92.85 $3,342.60 $30.00 $540.00 $19.00 $342.00 $5.00 $25,000.00 $3.35 $16,750.00 $20.00 $240.00 $11.10 $133.20 $2.00 $1,050.00 $2.78 $1,459.50 $1,200.00 $2,400.00 $1,545.00 $3,090.00 $100.00 $400.00 $200.00 $800.00 $1.90 $36,100.00 $1.89 $35,910.00 $0.90 $22,680.00 $0.45 $11,340.00 $15,616.85 $15,616.85 $27,800.00 $27,800.00 $40.00 $11,200.00 $50.50 $14,140.00 $16.40 $14,760.00 $26.20 $23,580.00 $1,050.00 $1,950.00 $2,165.00 $2,165.00 $400.00 $1,200.00 $450.00 $1,350.00 $3,600.00 $7,200.00 $4,000.00 $8,000.00 $28.10 $13,263.20 $31.25 $14,750.00 $1,800.00 $7,200.00 $3,000.00 $12,000.00 $3.50 $3,440.50 $4.45 $4,374.35 $15.00 $1,050.00 $15.75 $1,102.50 $150.00 $450.00 $250.00 $750.00 $50,000.00 $50,000.00 $227,739.60 $227,739.60 $3,000.00 $3,000.001 $2,250.00 $2,250.00 3498217BT BT -5 Bid Tabulation Item Num Item Units G Base Bid: Total Part 1 - Street/Sidewalk - 36th Ave /Boone Total Part 2 - Storm Sewer - 36th Ave /Boone Total Part 3 - Watermain Total Part 4 - Sanitary Sewer Total Part 5 - Regional Trail Total Part 6 - Playfields Total Base Bid 3498217BT Bidder No, 1 Bidder No. 2 Bidder No. 3 Veit & Company Inc F M Frattalone Excavating & p y Hardrives Inc Grading Inc Unit Price Total Unit Price Total (Unit Price Total $1,169,520.1 $241,125.0 $289,900.0 $82,194.0 $102,600.0 $362,807.0 $2.248.146.1 $1,681,296.83 $201,050.30 $273,670.50 $63,136.50 $141,600.25 $413,059.20 $2,773,813.58 Contractor Name and Address: Veit & Company Inc F M Frattalone Excavating & 14000 Veit Place Grading Inc Rogers, MN 55374 -9583 3066 Spruce Street St Paul, MN 55117 Phone: (763) 428-2242 (651) 484 -0448 Fax (763) 428 -8348 (651) 484 -7839 Signed By: Jerry Rachel David Grimsrud Title: President Special Projects Vice President of Finance Bid Security: Bid Bond Bid Bond Addenda Acknowledged:1 One & Two One & Two BT -6 $1,549,703.29 $283,522.90 $391,562.45 $112,243.59 $139,725.55 $688,316.65 $3,165,074.43 Hardrives Inc 14475 Quiram Drirve Rogers, MN 55374 (763) 428 -8886 (763) 428 -8868 Donald R. Hall Vice President Bid Bond One & Two Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 • TELEFAx (763) 493 -5193 e -mail lawg Jensen- sondrall.com DOUGLAS J. DEFINER' GORDON L. JENSEN' GLEN A. NORTON STEVEN A.SONDRALL WILLIAM C. STRAIT' - STACY A. WOODS OF COUNSEL LORENS Q. BRYNESTAD 'Real Property Law Specialist Certified By The Minnesota State Bar Association Qualified ADR Neutral 'Admitted in Iowa June 18, 2002 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: 36 ' Avenue Street and Utility Improvements Hidden Valley Park Improvements City Project Nos. 626 and 710 Our File No.: 99.66260 Dear Val: Enclosed please find four (4) copies of the contract and bonds for the referenced projects, as well as the Certificate of Insurance. All are in order from a legal standpoint. Please call me if you have any questions. Very truly yours, Steven A. Sondrall, City Attorney, City of New Hope JENSEN & SONDRALL, P.A. sas@jensen-sondrall.com After Hours Extension #147 Enclosures cc: Dan Donahue, City Manager Kirk McDonald, Community Development Director Guy Johnson, Public Works Director Vince Vander Top, City Engineer Document,[ June 20, 2002 4401 Xylon Avenue North New Hope, Minnesota 55428 -4898 www.ci.new-hope.mn.us Mr. Vaughn Veit Veit and Company, Inc. 14000 Veit Place Rogers, MN 55374 City Hall: 763- 531 -5100 City Hall Fax: 763- 531 -5136 Police: 763 - 531 -5170 Police Fax: 763 - 531 -5174 Public Works: 763 - 533 -4823 Public Works Fax: 763- 533 -7650 TDD: 763 - 531 -5109 SUBJECT: CONTRACTS FOR: 36" AVENUE —PROJECT 626; AND HIDDEN VALLEY PARK — PROJECT 710 Enclosed are two fully executed copies of the contract documents for New Hope Project Nos. 626 and 710. One set is for your records and the second set should be transmitted to your bonding company. These contracts were awarded by the New Hope City Council on May 28, 2002. Enclosed is return of your bid bond. 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. Should you have any questions regarding the project, please contact Guy Johnson, Director of Public Works, at 763- 533 -4823. Sincerely, Valerie Leone City Clerk, CMC enc. cc: Steve Sondrall, City Attorney Mark Hanson, City Engineer Guy Johnson, Director of Public Works Family Styled City For Family Living COUNCIL V� REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Public Works January 13, 2003 Consent Item No. By: Guy Johnson B y: 6.18 RESOLUTION APPROVING CHANGE ORDER NO. 1 TO ADJUST MANHOLES AND RECONSTRUCT SANITARY SEWER FOR 36 TH AVENUE NORTH STREET AND UTILITY IMPROVEMENT (PROJECT NO. 626)" REQUESTED ACTION Staff is recommending that the Council approve a Change Order for the 36 th Avenue Street Infrastructure Improvement Project contract, in the amount of $7,057.72, with Veit & Company, Inc. BACKGROUND During the 36"' Avenue Infrastructure Improvement Project it was necessary to adMt several manholes that were in the area to be paved to create the regional bituminous trail along the south side of 36 Avenue. Xcel Energy owns the manholes and had committed to do the work, but the project reached a point that the trail paving was scheduled and the manholes were not adjusted. The general contractor, Veit and Company, did the work to accommodate the paving and Xcel Energy was informed that they would be invoiced for the work. Additionally, during the sanitary sewer installation at the east end of the project, a conflict with an existing storm sewer line was discovered. The contractor removed and reinstalled some sanitary sewer pipe to eliminate this conflict. This change order is for the adjustment of the manholes along the new trail and the relocation of the sanitary sewer around an existing storm sewer line. FUNDING The total cost for this change order is $7,057.72. Funding is available in the storm water, operating budget. As suggested in the engineer's recommendation, the City will invoice Xcel Energy for $1,990.00 needed to complete the manhole adjustment. ATTACHMENTS The Change Order, Engineer's recommendation, and the resolution are attached. MOTION BY SECOND BY TO: rKTa\t i\bZb unange uraer in RESOLUTION NO. 03 - 10 RESOLUTION APPROVING CHANGE ORDER NO. 1 TO ADJUST MANHOLES AND RECONSTRUCT SANITARY SEWER (36 " Avenue North Street and Utility Improvement Project No. 626) BE IT RESOLVED by the City Council of the City of New Hope as follows: WHEPXAS, the City entered into a $2,248,146.10 contract with Veit & Company Inc. for the 36` Avenue Street and Utility Improvement Project No. 626; and WHEREAS, during the course of construction, it was necessary to adjust several manholes and reconstruct the sanitary sewer on the east end of the project; and WHEREAS, the City Engineer has reviewed the completed work by the contractor and determined it is reasonable to pay Veit & Company Inc. $1,990.00 to adjust the manholes and $5,067.72 to reconstruct the sanitary sewer for a total cost of $7,057.72 as requested in Change Order No. 1 to the contract attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. That Change Order No. 1 to the 36` Avenue North Street and Utility Improvement contract in the amount of $7,057.72 (attached as Exhibit A) is hereby approved. Dated the 13` day of January, 2003. W. Peter Enck, Mayor Attest: , Valerie Leone, City Clerk P: \ATTORNEY\CNH RESOLUTIONS \CNH99.10030 - 002 -RESO APPR CHANGE ORDER(PROJECT 626).DOC PY14IRTT A CHANGE ORDER NO. 1 36` AVENUE NORTH STREET AND UTILITY IMPROVEMENTS CLIENT PROJECT NO. 626 BRA FILE NO. 34 -98 -217 Description of Work Part A - Xcel Energy Manhole Adjustments Xcel Energy owns and maintains manholes and power poles within 36` Avenue ROW. Five manholes exist on the southern portion of the ROW between Boone Ave. and Hillsboro Ave. These manholes conflict with the location of the bituminous trail along the south side of 36` Ave. These manholes required adjustment prior to installation of the bituminous trail. Xcel Energy was requested to adjust these structures on several occasions. Trail construction and paving was delayed. The Xcel Energy manholes were then adjusted as part of this contract. The lump sum of $1,990.00 shall represent compensation for the manhole adjustments including all work and materials. Part B - Sanitary Sewer Reconstruction Existing sanitary sewer was reconstructed east of Wisconsin Avenue in the south boulevard of 36` Ave. This sewer reconstruction was identified in the original project scope. During the sanitary sewer reconstruction, an elevation conflict was identified with a crossing storm sewer. Adjustments and additional reconstruction of the sanitary sewer was required. The sanitary sewer was lowered to eliminate the conflict while still maintaining an adequate flow line. The contractor completed the work on a time and material basis such that the work could continue efficiently. The lump sum of $5,0672.72 shall represent compensation for the sanitary sewer adjustments including all work and materials. No. Item Unit Contract Quantity Unit Price Total Amount Part A - Xcel Energy Manhole Adjustments 1 Manhole Adjustments LS 1 $1,990.00 $1,990.00 Part B - Sanitary Sewer Reconstruction 2 Reconstruct Sanitary Sewer I LS 1 $5,067.72 $5,067.72 TOTAL CHANGE ORDER NO. 1 $7,057.72 2 Original Contract Amount $2,248,146.10 Previous Change Orders $0.00 This Change Order $7,057.72 Revised Contract Amount (including this change order) $2,255,203.82 Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Approved by Contractor: VEIT & COMPANY INC. Date cc: Owner Contractor Bonding Company Bonestroo & Assoc. Approved by Owner: CITY OF NEW HOPE IM 3 January 3, 2003 Mr. Tom Schuster City of New Hope 5500 International Pkwy. New Hope, MN 55428 Re: 36' Avenue North Street and Utility Improvements, City Project No. 626 Change Order #1 BRAA # 34 -98 -217 Dear Tom: The regional bituminous trail along the south side of 36 Avenue has several manholes within the paving limits. Before pavement placement, manhole adjustment is required to match the final trail grade. Five Xcel Energy manholes are within the paved area. The trail paving date was postponed several times due to an Xcel power pole in conflict and the five unadjusted manholes. When Excel crews did relocate the pole, they neglected to adjust the manholes. Numerous notices were given to perform the work. Excel was also informed they would be invoiced for the manhole adjustments if completed by the City. To accommodate the trail construction, the manhole adjustments were completed as part of the City's contract. The contractor billed $1,990.00 to complete the work. It is recommended that this amount be charged to Xcel Energy. A portion of the sanitary sewer near the east end of the project, just east of Wisconsin Avenue, was replaced as part of the original project scope. During construction a conflict with an existing storm sewer pipe was exposed. Approximately 26 lineal feet of additional pipe was removed and reinstalled at a grade to eliminate the conflict. The contractor completed the work on a time and material basis. The equipment, material, and labor costs to perform the work totaled $5,067.72. It is recommended that the City Council approve attached Change Order #1 in the amount of $7,057.72 for the work completed. This will increase the amount of the contract for the project from $2,248,146.10 to $2,255,203.82. It is further recommended that reimbursement be requested from Excel Energy in the amount of $1,990.00. Sincerely, BONESTROO ROSENE ANDERLIK & ASSOCIATES, INC. Vincent T. Vander Top Enclosure 2335 West Highway 36 . St. Paul, MN 55113 . 651-636 -4600 . Fax: 651-636-1311 Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action /Equal Opportunity Employer Bones troo and Employee Owned (� R osene Principals: Otto G. Bonestroo, P.E. • Marvin L. Sorvala, PE. • Glenn R. Cook, PE. • Robert G. Schunicht, PE. Jerry A. Bowdon, P.E. S' A nderlik Senior Consultants: Robert W. Rosene, P.E. • Joseph C. Anderlik, PE. • Richard E Turner, P.E. • Susan M. Eberlin, C.P.A. �C Associate Principals: Keith A. Gordon, PE. • Robert R. Pfefferle, P.E. Richard W. Foster, PE. • David O. Loskota, P.E. �[• /1 A ssociates Mark A. Hanson, P.E. • Michael T. Rautmann, PE. • Ted K. Field, PE. • Kenneth P Anderson, PE. • Mark R. Rolfs, P.E. David A. Bonestroo, M.B.A. • Sidney P. Williamson, RE., L.S. • Agnes M. Ring, M.B.A. • Allan Rick Schmidt, P.E. - En ineers & Architects Thomas W. Peterson, PE. • James R. Maland, RE. • Miles B. Jensen, P.E. • L. Phillip Gravel III, P.E. • Daniel J. Edgerton, P.E. Ismael Martinez, RE. • Thomas A. Syfko, PE. • Sheldon J. Johnson • Dale A. Grove, PE. • Thomas A. Roushar, RE- Robert J. Devery, PE. Offices: St. Paul, St. Cloud, Rochester and Willmar, MN • Milwaukee, WI • Chicago, IL Website: wwvv.bonestroo.com January 3, 2003 Mr. Tom Schuster City of New Hope 5500 International Pkwy. New Hope, MN 55428 Re: 36' Avenue North Street and Utility Improvements, City Project No. 626 Change Order #1 BRAA # 34 -98 -217 Dear Tom: The regional bituminous trail along the south side of 36 Avenue has several manholes within the paving limits. Before pavement placement, manhole adjustment is required to match the final trail grade. Five Xcel Energy manholes are within the paved area. The trail paving date was postponed several times due to an Xcel power pole in conflict and the five unadjusted manholes. When Excel crews did relocate the pole, they neglected to adjust the manholes. Numerous notices were given to perform the work. Excel was also informed they would be invoiced for the manhole adjustments if completed by the City. To accommodate the trail construction, the manhole adjustments were completed as part of the City's contract. The contractor billed $1,990.00 to complete the work. It is recommended that this amount be charged to Xcel Energy. A portion of the sanitary sewer near the east end of the project, just east of Wisconsin Avenue, was replaced as part of the original project scope. During construction a conflict with an existing storm sewer pipe was exposed. Approximately 26 lineal feet of additional pipe was removed and reinstalled at a grade to eliminate the conflict. The contractor completed the work on a time and material basis. The equipment, material, and labor costs to perform the work totaled $5,067.72. It is recommended that the City Council approve attached Change Order #1 in the amount of $7,057.72 for the work completed. This will increase the amount of the contract for the project from $2,248,146.10 to $2,255,203.82. It is further recommended that reimbursement be requested from Excel Energy in the amount of $1,990.00. Sincerely, BONESTROO ROSENE ANDERLIK & ASSOCIATES, INC. Vincent T. Vander Top Enclosure 2335 West Highway 36 . St. Paul, MN 55113 . 651-636 -4600 . Fax: 651-636-1311 January 16, 2003 Veit & Company, Inc. 14000 Veit Place Rogers, MN 55374 Subject: Change Order No. 1 — Project No. 626 (36 Avenue North Street and Utility Improvements) Enclosed for your records are two fully executed copies for the above - referenced Change Order. Please forward one copy to your bonding company. The change order amount was $7,057.72. This change order was approved by the New Hope City Council at its meeting of January 13, 2003. Sincerely, Valerie Leone, CMC City Clerk Enc. cc: Guy Johnson, Director of Public Works Vince Vander Top, BRAA 4401 Xylon Avenue North ® New Hope, Minnesota 55428 -4898 e www. ci.new - hope.mn.us City Hall: 763- 531 -5100 + Police (non - emergency): 763 - 531 -5170 . Public Works: 763 - 592 -6777 + TDD: 763- 531 -5109 City Hall Fax: 763- 531 -5136 . Police Fax: 763- 531 -5174 • Public Works Fax: 763 -592 -6776 s ! ! S2 Guy Johnson I 01 - All •- ME ffirdf ! Agenda Section Development & Plann Item No. L1 MOTION ACCEPTING THE FINAL REPORT FROM BENSHOOF & ASSOCIATES, INC. REGARDING TRAFFIC IMPROVEMENTS FOR 36 AVENUE NORTH" (IMPROVEMENT PROJECT 626) REQUESTED ACTION Staff is recommending that the Council formally accept the report prepared by Benshoof & Associates, Inc., for 36 Avenue improvements, and affirm the actions contained within the report as agreed at the July 31s' work session. The current Capital Improvement Program includes the reconstruction of 36 Avenue. A Concept Report for the project was presented to the Council in February of 1998. Staff held informational meetings with area residents in August of 1998 and January of 1999, and on April 26, 1999, Council authorized the preparation of a Feasibility Report. Before the Feasibility Report was to be presented, the Council instructed staff to retain a traffic- engineering firm to review the 36" Avenue Concept Report, Feasibility Report, and certain existing and future transportation issues. On January 10, 2000, Council accepted a proposal from Benshoof & Associates, Inc. The "request for proposal" required that the review conducted by Benshoof and Associates, Inc., result in a report that contains recommendations for the design of 36 Avenue. These recommendations were required to be based on: • Traffic and pedestrian safety and movement efficiency. • Improvements to the street that would be for the benefit of New Hope residents and not necessarily for the convenience of commuters from other communities passing through New Hope. • The need for the final design of 36 Avenue to preserve the residential character of the neighborhood. ' • At its work session of July 31, 2000, the City Council reviewed the recommendations from Benshoof & Associates. The consensus of the City Council for the conceptual design was the two -lane option with no raised medians with a semaphore signal at Boone and 36 . a • :, I Request for Action Accepting the Benshoof & Associates Report September 11, 2000 Page 2 Avenues. Also, the consensus of the City Council was that construction should commence in year 2002 to be completed within that construction season. The Council directed staff to develop the program and budget accordingly. The report makes the following recommendations for 36 Avenue: • That the road be 32 feet wide, with the exception of the TH 169 to Jordan Avenue intersection, the Boone Avenue intersection, and the Winnetka Avenue intersection. These intersections would remain wide enough for either four lanes, or four lanes with a left turn lane. • That the road includes two, 11 feet wide, striped driving lanes, each with a 5 foot curb reaction lane. • That the road contains 6 foot parking cutouts where homes front on 36 Avenue. • That the right -of -way accommodate a 10 foot trail from TH 169 to Boone Avenue on the south side and 5 foot sidewalks for the remainder of the south side and the entire north side. • That the boulevard width varies up to 18 feet depending on road, trail /sidewalk, and right -of -way width. • That the road includes a traffic control signal system at Boone Avenue. Representatives from the State Aid office of MN /DOT have reviewed this design and agree that the two -lane design conforms to State Aid standards for the 2020 projected traffic volumes, when including a signal system at Boone Avenue. The proposed schedule for the project is: • Authorizing the Preparation of a Feasibility Report October 2000 • Accepting the Feasibility Report & Schedule Public Hearing January 2001 • Public Hearing & Authorizing Plans & Specifications March 2001 • Approve Plans & Specifications May 2001 • Receive Bids October 2001 • Award Contract January 2002 • Begin Construction March 2001 • Substantial Completion October 2002 • Final Project Completion (Bituminous Wear Course) June 2003 FUNDING Proposed revenue sources for the 36 Avenue Improvement Project are Minnesota State Aid, Street Infrastructure Fund, Water /Sewer Utility Fund, Storm Water Utility Fund, and Hennepin County Parks Trail Fund. ATTACHMENTS A copy of the report is included in your packet. COUNCIL REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Public Works , 13, 2003 Development & Planning Item No. By: Guy Johnson [B 8.2 RESOLUTION DECLARING COSTS TO' 13E ASSESSED, RATIFYING THE PREPARATION OF A PROPOSED ASSESSMENT AND CALLING FOR A PUBLIC HEARING IN CONNECTION WITH STREET INFRASTRUCTURE IMPROVEMENT NO. 626 (36TH AVENUE INFRASTRUCTURE IMPROVEMENTS) REQUESTED ACTION Staff is recommending that the Council approve a resolution that declares costs to be assessed and establishes an assessment public hearing for the 36th Avenue Infrastructure Improvement Project No. 626 at the November 10, 2003, Council meeting. POLICY/PAST PRACTICE Assessments are proposed to be levied against benefited, tax-exempt properties, in accordance with New Hope's Assessment Policy. BACKGROUND The 36th Avenue Infrastructure Project included reconstruction of 36th Avenue and improvements to sanitary and storm sewer systems and water mains in the area between Trunk Highway 169 and Winnetka Avenue. Also included in the project was construction of a trail along the street, and the installation of a signal system at the Boone Avenue intersection. On February 25, 2002, the City Council approved a resolution declaring estimated costs to be assessed, and established a public hearing for March 25, 2002, to review the proposed project and to consider the assessments for the 36th Avenue Infrastructure Improvement Project No. 626. At the March 25 Council meeting, the Council ordered the construction of the project after closing the public hearing. A representative of St. Joseph's Church attended the meeting and addressed the Council during the public hearing. Using the New Hope Assessment Policy, the city engineer has determined that the total cost for the street portion of the project along 36th Avenue is $1,488,015.64 and that the assessment rate per foot is $155.65. The 36th Avenue Infrastructure Improvement Project included two tax-exempt properties; the city of New Hope and St. Joseph's Church. New Hope's assessable footage was 50 feet, for a proposed total assessment amount of $7,782.50. St. Joseph's Church assessable footage was 570 feet, for a proposed total assessment amount of $88,720.50. Proposed total assessment amount for the project would be $96,503.00. f MOTION BY SECOND BY TO: 1:Rfav uaiiing i ASsessment nearing Request For Action Assessment Hearing Page 2 FUNDING The remainder of the cost for the project is being funded by the Utility Fund, Storm Water Fund, Three Rivers Park District, Street Infrastructure Funds, and Municipal State Aid funds. ATTACHMENTS The engineer's memorandum and the resolution are attached. RESOLUTION NO. 03- 150 RESOLUTION DECLARING COST TO BE ASSESSED, RATIFYING THE PREPARATION OF A PROPOSED ASSESSMENT AND CALLING FOR A PUBLIC HEARING IN CONNECTION WITH STREET INFRASTRUCTURE IMPROVEMENT NO. 626 (36' Avenue Infrastructure Improvements) WHEREAS, contracts have been let for the construction of Street Infrastructure Improvement No. 626 in the City; and WHEREAS, the total cost of said improvements is $1,640,552.81; and WHEREAS, the City Clerk, with the assistance of the City's consulting engineer, has prepared an assessment roll for Street Infrastructure Improvement No. 626, 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 as follows: 1. The City Council hereby determines that the City shall pay $1,544,049.81 of said cost, exclusive of the amount it may pay as a property owner, and the sum of $96,503. 00 shall be assessed against benefitted property owners based upon benefits received without regard to cash valuation. 2. The action of the City Clerk to prepare an assessment roll with the assistance of the City Engineer is hereby ratified and approved by this Council. 3. The Clerk shall publish notice that this Council will meet to consider the proposed assessments on November 10, 2003 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. 4. 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. 5. 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. 6. 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 thirty (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. 7. 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 13` day of October, 2003. Mayor Pro tem Attest: Valerie Leone, City Clerk P:\Atmncy \Gth Re ,.lotions \CNH99.66260 - 006 -Reno Declaring Access & Pub Huring.dw 2 Ail NOTICE OF HEARING ON ASSESSMENTS FOR STREET INFRASTRUCTURE IMPROVEMENT NO. 626 (36' Avenue Infrastructure Improvements) TO WHOM IT MAY CONCERN: TIME AND PLACE AND Notice is hereby given that the City Council of the City of New GENERAL NATURE OF Hope, Minnesota, will meet in the City Hall at 4401 Xylon IMPROVEMENTS: Avenue North in the City of New Hope, Minnesota, on the 10'day of November, 2003 at 7:00 o'clock p.m. to consider objections to the proposed assessments for Street Infrastructure Improvement No. 626 heretofore ordered by the City Council. The general nature of the improvement is the reconstruction of 36' Avenue North from State Highway 169 to Winnetka Avenue North. The project involved reconstruction of the paved roadway surface to a 32 foot width which included 11 foot wide traffic lanes in each direction of travel and 5 foot reaction widths at curbs in each direction. 11 foot wide parking cut outs were also provided at four locations and traffic signals were constructed at the Boone intersection. Protected left turn lanes were constructed in each direction at the Boone intersection. Also included in the construction was a First Tier - trail along 36' Avenue's south side from State Highway 169 to Boone Avenue which was paid for by the Three Rivers Park District. Reconstruction of watermains and sanitary sewer also occurred, including all other appurtenant works and services reasonably required to complete these improvements. ASSESSMENT ROLL OPEN The proposed assessment roll is on file with the City Clerk and TO INSPECTION: open to public inspection. AREA PROPOSED TO BE The area proposed to be assessed consists of every lot, piece or ASSESSED: parcel of land benefitted by said improvement, which has been ordered made and is as follows, in the City of New Hope, Minnesota: PID NUMBER/ADDRESS: 18- 118 -21 -34 -0083 Outlot 1, Northwood Terrace V Addition (City of New Hope) 19- 118 -21 -21 -0001 870136 1h Avenue North (St. Joseph's Church) 3 TOTAL AMOUNT OF The total amount proposed to be assessed is $96,503.00. 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 §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 10 days after service upon the Mayor or Clerk. LIMITATION OF APPEAL: No appeal may be taken as to the amount of any 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 presiding officer at the hearing. All objections to the assessments not received at the assessment hearing in the manner prescribed by Minnesota Statutes §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 § §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. MAILED NOTICE: The notice of this hearing mailed to property owners contains additional information. DATED: OCTOBER 13, 2003. BY ORDER OF THE CITY COUNCIL City Clerk C! NOTICE OF HEARING ON ASSESSMENTS FOR STREET INFRASTRUCTURE IMPROVEMENT NO. 626 TO: Parish Community of St. Joseph YOUR ASSESSMENT: $88,720.50 INTEREST RATE/TERM: 7% Over 15 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 10th day of November, 2003, at 7 o'clock p.m. to consider objections to the proposed assessments for Street Infrastructure Improvement No. 626 heretofore ordered by the City Council. The general nature of the improvement is as the reconstruction of 36 Avenue North from State Highway 169 to Winnetka Avenue North. The project involved reconstruction of the paved roadway surface to a 32 foot width which included 11 foot wide traffic lanes in each direction of travel and 5 foot reaction widths at curbs in each direction. 11 foot wide parking cut outs were also provided at four locations and traffic signals were constructed at the Boone intersection. Protected left turn lanes were constructed in each direction at the Boone intersection. Also included in the construction was a First Tier trail along 36 Avenue's south side from State Highway 169 to Boone Avenue which was paid for by the Three Rivers Park District. Reconstruction of watermains and sanitary sewer also occurred, including all other appurtenant works and services reasonably required to complete these improvements. 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 BE ASSESSED: parcel of land benefited by said improvement, which has been ordered made and is as follows, in the City of New Hope, Minnesota: PID No. Addresses 18- 118 -21 -34 -0083 Outlot 1, Northwood Terrace 1 st Addition 19- 118 -21 -21 -0001 8701 36 Avenue North TOTAL AMOUNT OF The total amount of proposed assessment is $96,503. PROPOSED ASSESSMENT: CITY OF NEW HOPE 4401 Xylon Avenue North . New Hope, Minnesota 55428 -4898 • www. ci.new- hope.mn.us City Hall: 763- 531 -5100 e Police (non - emergency): 763- 531 -5170 • Public Works: 763- 592 -6777 e TDD: 763- 531 -5109 City Hall Fax: 763 - 531 -5136 • Police Fax: 763- 531 -5174 * Public Works Fax: 763- 592 -6776 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 ASSESSMENT Unless you choose to prepay your assessment, the assessment will be INSTALLMENTS: certified to your real estate taxes commencing with taxes payable in 2004. The assessment will be spread in equal annual installments over 15 years bearing interest at 7 %. The first installment will include interest on the total assessment from November 1, 2003, through December 31, 2004, or 14 months' interest. PAYMENT OPTIONS 1. FULL PAYMENT - You may prepay the entire assessment to the THIS YEAR: Finance Director or Assessment Clerk of the City prior to December 10, 2003, when the assessment roll is certified to the County Auditor. To avoid paying interest, you need to prepay the assessment in full within 30 days of the adoption of the assessment. 2. PARTIAL PAYMENT - One partial payment per property will be accepted and credited to any special assessment levied against real property in the City within 30 days from the date the City Council adopts a resolution approving said special assessments. Payments must be made to the Finance Director or Assessment Clerk. The remaining unpaid balance will be certified to the County Auditor and apportioned to the property's real estate taxes for district court of Hennepin County pursuant to Minnesota Statutes §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 10 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 §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, BE ASSESSED: piece, or parcel of land is stated on the first page of this notice. Adoption by the Council of the proposed assessment may be taken at the hearing. 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 7 %. ASSESSMENT Unless you choose to prepay your assessment, the assessment will be INSTALLMENTS: certified to your real estate taxes commencing with taxes payable in 2004. The assessment will be spread in equal annual installments over 15 years bearing interest at 7 %. The first installment will include interest on the total assessment from November 1, 2003, through December 31, 2004, or 14 months' interest. PAYMENT OPTIONS 1. FULL PAYMENT - You may prepay the entire assessment to the THIS YEAR: Finance Director or Assessment Clerk of the City prior to December 10, 2003, when the assessment roll is certified to the County Auditor. To avoid paying interest, you need to prepay the assessment in full within 30 days of the adoption of the assessment. 2. PARTIAL PAYMENT - One partial payment per property will be accepted and credited to any special assessment levied against real property in the City within 30 days from the date the City Council adopts a resolution approving said special assessments. Payments must be made to the Finance Director or Assessment Clerk. The remaining unpaid balance will be certified to the County Auditor and apportioned to the property's real estate taxes for payment per the collection procedure established in Minnesota Statute Chapter 429. PAYMENT IN In subsequent years, the principal balance remaining may be paid to the SUCCEEDING YEARS: Finance Director or Assessment Clerk at any time prior to November 14 of any year. Dated: October 20, 2003 BY ORDER OF THE CITY COUNCIL Valerie Leone, City Clerk 1 APROJ ECT- PHN\AH N- 626.doc M EMORANDU M To: Guy Johnson Copy: Daniel Donahue, Daryl Sulander, Valerie Leone, Steve Sondrall, Mark Hanson From: Vince Vander Ton Subject: 36 Avenue Infrastructure Improvements Assessments Winnetka Avenue to T.H. 169 City Project No. 626 Our File No. 34 -98 -217 Date: October 8, 2003 36 AVENUE ASSESSMENT The Feasibility Report and previous actions of the City Council have contemplated assessments for this project. The preliminary assessment roll in the Feasibility Report identifies all commercial and tax- exempt properties. Subsequent actions of the Council have limited assessments to benefiting tax- exempt properties. Only street reconstruction costs were used in determining the assessment rate. Storm sewer, water main, and sanitary sewer reconstruction and repairs were funded with specific enterprise funds. The original feasibility report estimate and corresponding front footage assessment rate is shown below along with the final construction costs and final front footage assessment rate. Assessment Rate Determination Section 19 North 1/2 36 Ave. Construction Cost Assessment Rate (4,780 L.F.) Feasibility Report Estimate (3/14/02) $1,512,000.00 $158.00/F.F. Final Construction Costs $1,488,015.64 $155.65/F.F. 1 $1,512,000 (Street) - 2 (4,780 LF) = $158.00/FF 2 $1,488,015.64 (Street) - 2 (4,780 LF) = $155.65/FF 2335 West Highway 36 n St. Paul, MN 55113 ■ 651 - 636-4600 ■ Fax: 651-636-1311 Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action /Equal Opportunity Employer Bones t roo Bonestroo and Employee Owned R t^ el9 r1 osene Principals: Otto G. Bonestroo, PE. • Marvin L. Sorvala, PE. • Glenn R. Cook, P.E. • Robert G. Schunicht, P.E. Jerry A. Bourdon, P.E. • Mark A. Hanson, PE. Anderlik S l CX Senior Consultants: Robert W Rosene, P.E. • Joseph C. Anderlik, P.E. • Richard E. Turner, PE. • Susan M. Eberlin, C.PA. �t/l A ssociates Associate Principals: Keith A. Gordon, PE. • Robert R. Pfefferle, P.E. • Richard W. Foster, PE. • David O. Loskota, PE. Michael T Rautmann, P.E. • Ted K. Field, PE. • Kenneth P. Anderson, PE. • Mark R. Roll's, PE. • David A. Bonestroo, M.B.A. Sidney P Williamson, P.E., L.S. • Agnes M. Ring, M.B.A. • Allan Rick Schmidt, P.E. • Thomas W. Peterson, P.E. Engineers &Architects James R. Maland, P.E. • Miles B. Jensen, PE. • L Phillip Gravel 111, PE. • Daniel J. Edgerton, PE. • Ismael Martinez, P.E. Thomas A. Syfko, RE. • Sheldon J. Johnson • Dale A. Grove, P.E. • Thomas A. Roushar, P.E. • Robert J. Devery, P.E. Offices: St. Paul, St. Cloud, Rochester and Willmar, MN • Milwaukee, WI • Chicago, IL Website: www.bonestroo.com M EMORANDU M To: Guy Johnson Copy: Daniel Donahue, Daryl Sulander, Valerie Leone, Steve Sondrall, Mark Hanson From: Vince Vander Ton Subject: 36 Avenue Infrastructure Improvements Assessments Winnetka Avenue to T.H. 169 City Project No. 626 Our File No. 34 -98 -217 Date: October 8, 2003 36 AVENUE ASSESSMENT The Feasibility Report and previous actions of the City Council have contemplated assessments for this project. The preliminary assessment roll in the Feasibility Report identifies all commercial and tax- exempt properties. Subsequent actions of the Council have limited assessments to benefiting tax- exempt properties. Only street reconstruction costs were used in determining the assessment rate. Storm sewer, water main, and sanitary sewer reconstruction and repairs were funded with specific enterprise funds. The original feasibility report estimate and corresponding front footage assessment rate is shown below along with the final construction costs and final front footage assessment rate. Assessment Rate Determination Section 19 North 1/2 36 Ave. Construction Cost Assessment Rate (4,780 L.F.) Feasibility Report Estimate (3/14/02) $1,512,000.00 $158.00/F.F. Final Construction Costs $1,488,015.64 $155.65/F.F. 1 $1,512,000 (Street) - 2 (4,780 LF) = $158.00/FF 2 $1,488,015.64 (Street) - 2 (4,780 LF) = $155.65/FF 2335 West Highway 36 n St. Paul, MN 55113 ■ 651 - 636-4600 ■ Fax: 651-636-1311 3 Determination of costs: Construction cost of street portion of project (36 Ave. and Boone Ave) = $1,312,442.25 25% Indirect Costs = $328,110.56 Total cost of street portion of project (36 Ave. and Boone Ave.) _ $1,640,552.81 36 Avenue project length = 4780 LF ( 90.7 %) Boone Avenue project length = 490 LF ( 9.3%) Total (street) project length = 5270 LF (100.0 %) 36 Avenue portion of cost: = $1,640,552.81 x [4780 LF (36th)] _ [4780 LF (36 + 490 LF (Boone)] = $1,488,015.64 Final Assessments The final costs and assessment rate produces the following assessments: Assessable Footage Assessment Rate Assessment Section 18 South V2 Parcel 34- City of New 50 F.F. $155.65/F.F. $7,782.50 0083 Hope Section 19 North V2 Parcel 21- St. Joseph 570 F.F. $155.65/F.F. $88,720.50 0001 Church Total Assessments $96,503.00 It is recommended that the City Council consider these assessments amounts. The Council could then authorize staff to prepare the final assessment roll and call for the Public Assessment Hearing. End of memo JL' NSEN & SONDRALL, P.A. Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 • TELEFAX (763) 493 -5193 e -mail lawCa j ensen- sondrall.com DOUGLAS J. DEBNER GORDON L. JENSEN' GLEN A. NORTON STEVEN A.SONDRALL STAGY A. WOODS OF COUNSEL LORENS Q.BRYNESTAD 'Real Property Law Specialist Certified By The Minnesota State Bar Association 'Admitted in Iowa October 7, 2003 Guy Johnson Public Works Director VIA FACSIMILE TO (763) 592 -6776 City of New Hope AND BY REGULAR U.S. MAIL Department of Public Works 6500 International Parkway New Hope, MN 55428 Re: Resolution Declaring Cost to be Assessed, Ratifying Proposed Assessment Roll and Calling for a Public Hearing on Assessment for Street Project No. 626 Our File No.: 99.66260 Dear Guy: Please find enclosed for consideration at the October 13, 2003 Council Meeting, the proposed Resolution referenced above. Said Resolution will ratify the preparation of the assessment roll and call for a November 10, 2003 public hearing to assess properties in connection with Street Infrastructure Improvement No. 626 (36"' Avenue Infrastructure Improvement). As indicated in the Resolution, the total cost of the improvement is $1,640,552.81. The City is paying $1,554,049.81 of the cost. $96,503.00 is being assessed to St. Joseph's Church and the City of New Hope. The assessment against St. Joseph's Church equals $88,720.50. The Resolution further calls for a public hearing to consider objections to these assessments at the City Council's November 10, 2003 meeting. Minn. Stat Chapter 429.061 requires two weeks' published notice for the assessment hearing. Therefore, the November 10` meeting is the earliest meeting at which the assessment hearing can be held. Also, I noted in the City Engineer's September 26, 2003 memo a mathematical error concerning the total cost of the project. If you add the 25 % indirect costs of $328,110.56 to the construction cost for the street project of $1,312,442.25, the suln of these numbers is $1,640,552.81. As a result, I used that number as the total construction cost in the Resolution enclosed. October 7, 2003 Page 2 The Public Hearing Notice will be published in the paper on October 23 " and October 30"'. The City Clerk will also need to mail written notice to St. Joseph's Church on or before October 23` Her written notice also needs to be attached to the enclosed Resolution as "Exhibit B ". Please contact me if you have any questions or comments regarding the enclosed Resolution or the procedure to implement the public hearing and assess costs for this project. Very truly yours, C . Steven A. Sondrall, City Attorney, City of New Hope JENSEN &. SONDRALL, P.A. sas@jensen-sondrall.com After Hours Extension x{147 Enclosures cc: Dan Donanhue, City Manager (w /enc.) Kirk McDonald, Community Development Director (w /enc.) Valerie Leone, City Clerk (w /enc.) Vince Vander Top, Asst. City Engineer (w /enc.) P: \Attomey \SAS \Letters \CNH99.66260 -12 -Guy Ltr.doc NOTICE OF HEARING ON ASSESSMENTS FOR 36` AVENUE STREET RECONSTRUCTION PID NO /OWNER: PID # 19- 118 -21 -21 -0001 ST. JOSEPH'S CHURCH 870136 TH AVENUE NORTH NEW HOPE, MN 55427 PROPERTY ADDRESS 870136" AVENUE NORTH AMOUNT: $88,720.50 INTEREST RATE /TERM: 7% 115 YEARS The City and County Treasurer's records show you as current owner and taxpayer of the property listed above, against which the City of New Hope will levy a special assessment for Project 36 Avenue Street Reconstruction. The City Council will hold a public hearing at the City Hall, 4401 Xylon Avenue North, on Monday, November 10, 2003, at 7:00 p.m. to consider and act on said assessment. Any oral or written objections will be considered at that time. The proposed assessment roll is now on file with the City Clerk. The amount to be specifically assessed for your lot, piece, or parcel is stated on this notice. Adoption by the Council of the proposed'assessment may be taken at the hearing. No appeal may be taken to the amount of any assessment unless a written objection signed by the affected property owner is filed with the City Clerk 'or to the assessment hearing, or presented to the presiding official at the hearing. An owner may appeal an assessment to district court pursuant to Section 429.081 by serving notice of the appeal upon the mayor or clerk of the municipality 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. No partial payments may be made after December 10, 2003. In order to prevent the levy from transferring to your 2004 tax statement, payment in full must be received by December 10, 2003. Please write a separate check and enclose the stub below to allow for proper credit of your Payment.If you have any questions, please contact the Finance Department at (763) 531 -5135 Dated October 15, 2003 Please detach and include this stub with a separate check if you are prepaying this assessed amount PID# 19- 118 -21 -21 -0001 Address: 8701 36 Avenue North z' Project - 36 Avenue Street Reconstruction Owner: St. Joseph's Church Amount Due: $88,720.50 • is 4401 Xylon Avenue North + New Hope, Minnesota 55428 -4898 + www. ci.new- hope.mn.us City Hall: 763- 531 -5100 + Police (non - emergency): 763 - 531 -5170 + Public Works: 763 - 592 -6777 + TDD: 763 - 531 -5109 City Hall Fax: 763 - 531 -5136 + Police Fax: 763 - 531 -5174 + Public Works Fax: 763- 592 -6776 COUNCIL 31 Originating Department Public Works Guv Johnson ' ,,: • ., , Approved for Agenda November 10, 2003 Agenda Section • i= 7.2 RESOLUTION ADOPTING ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 626 (36TH AVENUE INFRASTRUCTURE IMPROVEMENTS) REQUESTED ACTION Staff is recommending that the Council approve a resolution to adopt the proposed assessments for the 36th Avenue Infrastructure Improvement Project No. 626. POLICY /PAST PRACTICE Assessments are proposed to be levied against benefited, tax - exempt properties, in accordance with New Hope's Assessment Policy. BACKGROUND The 36th Avenue Infrastructure Project included reconstruction of 36th Avenue and improvements to sanitary and storm sewer systems and water mains in the area between Trunk Highway 169 and Winnetka Avenue. Also included in the project was construction of a trail along the street, and the installation of a signal system at the Boone Avenue intersection. On February 25, 2002, the City Council approved a resolution declaring estimated costs to be assessed, and established a public hearing for March 25, 2002, to review the proposed project and to consider the assessments for the 36th Avenue Infrastructure Improvement Project No. 626. At the March 25 Council meeting, the Council ordered the construction of the project. A representative of St. Joseph's Church attended the meeting and addressed the Council during the public hearing. On October 13, 2003, the City Council scheduled the assessment public hearing for November 10, 2003. Using the New Hope Assessment Policy, the city engineer has determined that the total cost for the street portion of the project along 36th Avenue is $1,488,015.64 and that the assessment rate per foot is $155.65. The 36th Avenue Infrastructure Improvement Project included two tax - exempt properties; the city of New Hope and St. Joseph's Church. New Hope's assessable footage was 50 feet, for a proposed total assessment amount of $7,782.50. St. Joseph's Church assessable footage was 570 feet, for a proposed total assessment amount of $87,545.34. The proposed total assessment amount for the project is $95,327.84. The city clerk has notified the property owners in the project area of the public hearing and the proposed assessment. A copy of the assessment notice is attached. Note: the final proposed assessment of $87,545.34 for the church is slightly lower than the $88,720.50 amount listed on the original notice. If the assessment is adopted, a revised notice will be sent to St. Joseph's Church. Request For Action 626 Assessment Public Hearing Page 2 FUNDING The remainder of the cost for the project is being funded by the Utility Fund, Storm Water Fund, Three Rivers Park District, Street Infrastructure Fund, and Municipal State Aid funds. ATTACHMENTS Resolution Engineer's memorandum Assessment Notice RESOLUTION NO. 03 - 163 RESOLUTION ADOPTING ASSESSMENT FOR IMPROVEMENT PROJECT NO. 626 (36' Avenue Infrastructure Improvements) WHEREAS, pursuant to notice duly given as required by law, the City Council has met, heard and passed upon all objections to the proposed assessment for Improvement Project No. 626, 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 fifteen (15) years, the first of said installments to be payable with general taxes for the year 2004, collectible with such taxes during the year 2004. b. To the first installment shall be added interest at the rate of seven percent (7 %) 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 rate 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 date of payment to the City Finance Director or Assessment Clerk, except that no interest shall be charged if the entire assessment is paid within thirty (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 made. 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. 1 .5- Adopted by the City Council this 10" day of November, 2003. A W. Peter Enck, Mayor Attest: Ajul- f Valerie Leone, City Clerk P: W TiORNEMNH MOLUTIONS%CNH99.66266007 -RESO ADOPTING ASSESSMENP.DOC PROD 626 - -36TH AVE STREET RECONSTRUCTION STRT1 1911821210001 ST JOSEPH'S CHURCH 8701 36TH AVE N NEW HOPE MN 55427 ST. JOSEPH'S CHURC 8701 36TH AVE N STREET 87,545.34 STMWTR CITY OF NEW HOPE 36TH AVE PROPER? NEW HOPE MN 55427 CITY OF NEW HOPE 36TH AVENUE STORM SEWEI 7,782.50 TOTAL 95,327.84 8oneatroo. Rasene, Anderiik and Azcocletas, Mc. is an Affirmative Act ion /Equal opportunity Employer Bon estroo and Employee Owncd prineip.al�: Otto G. Ponescroo, RF. • Marvin L. 5ory al a, Pt;. - ref "i•n R. Cook, P.E. - RCtTart G. Sehunicht, P.E. R se a Jcrfy A. Bourdon. P.E. - h1prk A. Hansom. P.E, mgr k Soninr Ccnsuita --M Robert ill. Rasene. PC, - Joseph C, Andcrilk. P.E. • Richard E. TvMCr. P.E • 5u"n M. Eberlin. C +s,..■ /'1, A, ;cncfsto Principals: Kelth A. Garcon - P.E. • Robert R. pfctfcrte, P.E. • Richard V/ Foster, ?.E. - David o. Loskotn, F. Michael t Rautmertn, P.E. - Ted K. Field. P.E. • Kerineth P. Anoelson. P.E. • Mark R. Roll's. SE - - 02VILl A. eonearoa, M:` Sidney P Ullitlamson, P.F.. L5. • Agnes fvt Rirg. Allan Rick Schmidt, F- - Thomas W. Prterson_ RE, - Jamas a. Mtiand, pr. • fv511es B. Jenscn, FE. • L. Phillip Gravel Ill, P.E. - Darvci J. Edrje-ton. P5 - Ismael Mardrez, FE, Engineers /�1r Chi t1 k'4X5 Thomas A. SyMo. PE. - Sneldon J. Johnson ONE A. Grovc. PE. - Thomas A_Roushor, PE. - Fobert J. Devefy. P.F. offices: st. Paul, St. cloud. Rochester and ti{ulmar, Mtn - Mllwaukcc. W1 • Chlcago. IL VIcbslte: www- bonestreo,co'n To: Crecy Jobil lin c Daniel Donahue, Daryl Sulandeir, Valerie Leone, Steve Sondra", Mark Hamon From: Vince Vander Top Subject: 36 ' Avenue Infr « -Cture Inxpru .renxcrts Assessments , W'inne*a .Avenue to T.H. 169 City Project Igo. 626 Our File Ala. 34 -98 -217 Dat October i The Feasibility Deport and previous actions of the City Council have contemplated assessments for this project. The preliminpry assessment roll in the Feasibility Report identifies all comri>Eetrcial and tax-exempt properties. Subsequent actions of the Council have limited assessments to benefiting tax - exempt properties. Only street reconstruction costs were used in determining the assessment rate, Storm surer, water main, and. sanitary sewer reconstruction and repairs were fvndcd with specific enterprise Rinds. The original feasibility report estimate and corresponding front footage assessment rate is slhown, below along with the final construction costs and final front footage assessment rate. S Lion No 112 36th ves. s A86 ss� me t�Rate Feasibility Report Estimate (3114/02) $10512,000.00 S158.00/F.F.t Final Construction Costs $1,488,015.643 $155.65IF.F.2 1 $1,512,004 (Street) -`-2 (4,780 LF) � $158.40IFF 2 $1,488,015.64 (st -y 2 (4,780 LF) == $155.65/FP 2335 West Highway 36 a 5t. Paul, MN 55713 a 65 1- 636 it Fa 65 1 - 636 -1311 3 Determination of costs: Construction cost of strmt portion of project (36 Ave. and Boone Ave) = $1,312,442.25 25% Indirect Costs = $328,110.56 Total cost of street portion of project (36"" Ave, and Boone Ave.) $1,640,55181 3e Avenue project length — 4780 LF (90.7%) Boone Avenue project length = 490 L ( 9,3%) Total (street) project length = 5270 LF (100.0%) 36"' Avenue portion of cost: = $1,640,522.81 x [47 8 0 LF (3 6 [4780 LF (36'� + 490 LF (Boone)] — $1,488,015.64 Fj1W Agessments The final costs and assessment rate produces the following assessments: S2290 A 18. South Y2 Parcel 34- City of Now 0083 Hope Sectiog 19, Kwth V2 Parcel 21- St. Joseph 0001 Ch=h Far-JETITT-MM =.- Assfamble Footage Assessment R Assessment 50 F.F. $155,65/F.F. $7,782.50 562.45 F.F. $155.65/F.F. $87,545.34 $95,327.84 • • ++'iii s NOTICE OF HEARING ON ASSESSMENTS FOR STREET INFRASTRUCTURE IMPROVEMENT NO. 626 TO: Parish Community of St. Joseph YOUR ASSESSMENT: $88,720.50 INTEREST RATENERM: 7% Over 15 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 10th day of November, 2003, at 7 o'clock p.m to consider objections to the proposed assessments for Street Infrastructure Improvement No. 626 heretofore ordered by the City Council. The general nature of the improvement is as the reconstruction of 36 Avenue North from State Highway 169 to Winnetka Avenue North. The project involved reconstruction of the paved roadway surface to a 32 foot width which included 11 foot wide traffic lanes in each direction of travel and 5 foot reaction widths at curbs in each direction. 11 foot wide parking cut outs were also provided at four locations and traffic signals were constructed at the Boone intersection. Protected left turn lanes were constructed in direction each at the Boone intersection. Also included in the construction was a First Tier trail along 36 Avenue's south side from State Highway 169 to Boone Avenue which was paid for by the Three Rivers Park District. Reconstruction of watermains and sanitary sewer also occurred, including all other appurtenant works and services reasonably required to complete these improvements. ASSESSMENT ROLL OPEN TO The proposed assessment roll is on file with the City Clerk and open to public inspection. INSPECTION: AREA PROPOSED TO The area proposed to be assessed consists of every lot, piece or BE ASSESSED: parcel of land benefited by said improvement, which has been ordered made and is as follows, in the City of New Hope, Minnesota: RID No. Addresses 18- 118 -21 -34 -0083 Outlot 1, Northwood Terrace 1st Addition 19- 118 -21 -21 -0001 870136 th Avenue North TOTAL AMOUNT OF The total amount of proposed assessment is $96,503. PROPOSED ASSESSMENT: CITY OF NEW HOPE 4401 Xylon Avenue North ® New Hope, Minnesota 55428 -4898 . www. ci.new- hope.mn.us City Hall: 763- 531 -5100 ® Police (non - emergency): 763 -531 -5170 • Public Works: 763 -592 -6777• TDD: 763 -531 -5109 City Hall Fax: 763 -531 -5136 ® Police Fax: 763- 531 -5174 e Public Works Fax: 763 - 592 -6776 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 §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 10 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 §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, BE ASSESSED: piece, or parcel of land is stated on the first page of this notice. Adoption by the Council of the proposed assessment may be taken at the hearing. 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 7 %. ASSESSMENT Unless you choose to prepay your assessment, the assessment will be INSTALLMENTS: certified to your real estate taxes commencing with taxes payable in 2004. The assessment will be spread in equal annual installments over 15 years bearing interest at 7 %. The first installment will include interest on the total assessment from November 1, 2003, through December 31, 2004, or 14 months' interest. PAYMENT OPTIONS 1. FULL PAYMENT - You may prepay the entire assessment to the THIS YEAR: Finance Director or Assessment Clerk of the City rior to December 10, 2003, when the assessment roll is certified to the County Auditor. To avoid paying interest, you need to prepay the assessment in full within 30 days of the adoption of the assessment. 2. PARTIAL PAYMENT - One partial payment per property will be accepted and credited to any special assessment levied against real property in the City within 30 days from the date the City Council adopts a resolution approving said special assessments. Payments must be made to the Finance Director or Assessment Clerk. The remaining unpaid balance will be certified to the County Auditor and apportioned to the property's real estate taxes for payment per the collection procedure established in Minnesota Statute Chapter 429. PAYMENT IN In subsequent years, the principal balance remaining may be paid to the SUCCEEDING YEARS: Finance Director or Assessment Clerk at any time prior to November 14 of any year. Dated: October 20, 2003 BY ORDER OF THE CITY COUNCIL Valerie Leone, City Clerk IAPROJECT-PHMAHN-626.doc November 14, 2003 Parish Community of St. Joseph 8701 36 Avenue North New Hope, MN 55427 Subject: Revised Assessment Amount for Infrastructure Improvement No. 626 At its meeting of November 10, 2003, the New Hope City Council adopted the assessment roll relating to project no. 626. Please note the final assessment amount for PID No. 19- 118 -21 -21 -0001 (8701 36 Avenue North) is $87,545.34. The assessment hearing notice dated October 20, 2003, listed $88,720.50. All other terms contained within the assessment hearing notice remain applicable. Sincerely, Valerie Leone, CMC City Clerk By certified mail cc: Steve Sondrall, City Attorney (file #99.66260) Guy Johnson, Director of Public Works • i 4401 Xylon Avenue North o New Hope, Minnesota 55428 -4898 ® www. ci.new- hope.mn.us City Hall: 763- 531 -5100 ® Police (non - emergency): 763- 531 -5170 « Public Works: 763 - 592 -6777 + TDD: 763- 531 -5109 City Hall Fax: 763- 531 -5136 . Police Fax: 763 -531 -5174 ® Public Works Fax: 763- 592 -6776 COUNCIL REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Public Works November 24, 2003 Consent Item No. By: Guy Johnson By: 6.10 RESOLUTION TO ACCEPT THE 36TH AVENUE STREET INFRASTRUCTURE PROJECT AND TO APPROVE FINAL PAYMENT REQUEST (IMPROVEMENT PROJECT 626) REQUESTED ACTION Staff recommends that Council approve a motion to accept the 36th Avenue Street Infrastructure Project and authorize final payment to Veit & Company, Inc., in the amount of $120,282.64. POLICY /PAST PRACTICE To maximize the life of our city streets, the city of New Hope accepted an Infrastructure Analysis Report and Pavement Management Program from GoodPointe Technology in November 2001. The 36th Avenue Street Infrastructure Project is an activity that was recommended in the city's current pavement management plan. BACKGROUND The city had considered an improvement project for the 36th Avenue infrastructure for a number of years. The city had: • Accepted the "Concept Report" 2 -09 -98 • Held public informational meetings 8 -17 -98 & 1 -27 -99 • Requested a "peer review" of a "Feasibility Report" 12 -13 -99 • Accepted peer review report from Benshoof & Associates 9 -11 -00 • Requested approval of proposed design from Mn /DOT State Aid office 7 -26 -01 • Received approval letter from Mn /DOT State Aid office 12 -14 -01 • Received a "Feasibility Report" 1 -14 -02 • Approved a four -lane design 3 -25 -02 • Approved a two -lane design 4 -08 -02 • Awarded contract to Veit & Company, Inc. 5 -28 -02 • Started construction 6 -24 -02 The 36th Avenue Infrastructure Project included: • Reconstruction of 36th Avenue between TH 169 and Winnetka Avenue including necessary water main, sanitary, and storm sewer upgrades. • Reconstruction of the intersection at Boone and 36th Avenues with a traffic signal. • Construction of a new ten -foot wide trail along the west side of Boone Avenue from 32nd Avenue to 36th Avenue and along the south side of 36th Avenue from Boone Avenue to Highway 169 as part of the Three Rivers Park District first tier trail system. • Reconstruction of the ball fields west of Sonnesyn School in order for the city to realize a cost savings by usin2 excavated soil from the street on the ball fields to reduce haulin2 and disposal charges. fi MOTION BY SECOND BY TO: ,2/, (J - ZL C I:RFA \Pubworks\2003 \626 36th Ave Final Project 626 - 36th Ave Final Resolution November 24, 2003 Page 2 FUNDING Veit & Company's original bid for the project was $2,248,146.10. One change order was executed during the project. The change order increased the overall contract by $7,057.72. The change order was necessary for some additional sanitary sewer work and to adjust several Xcel Energy manholes that were in the area of the paved regional trail along the south side of 36th Avenue. Xcel Energy had committed to do the work, but the project had reached a point that the trail paving was scheduled and the manholes had not been adjusted. Veit and Company did the work to accommodate the paving and Xcel Energy was informed that they would be invoiced for the work. The amount of the invoice to Xcel Energy will be $1,990. The net change to the original contract was an increase to $2,255,203.82. Additional funds were spent on additional quantities of gravel base to improve the substandard reclaim material from the old street. Additional funds were also spent on additional quantities of asphalt to coordinate the new and old asphalt transition in some locations to match with the new water main tie -ins below the surface; to extend the new asphalt farther down the hill on Boone Avenue; to improve the transition of the old and new asphalt on Boone between Boone Avenue and 36%2 Avenue; and for some temporary driveway approaches east of Boone Avenue late last November. The final amount earned by Veit & Company, Inc., was $2,308,524.72, or 2.4% over the contract amount. Funding sources for this project include Street Funds, Park Funds, Utility Funds, Storm Water Funds, funds from Xcel Energy, funds from Three Rivers Park District, assessments, and Municipal State Aid. ATTACHMENTS Attached are the resolution and engineer's memorandum recommending the acceptance of the project and the final pay request. RESOLUTION NO. 03 - 169 RESOLUTION ACCEPTING 36 AVENUE STREET INFRASTRUCTURE PROJECT AND APPROVING FINAL PAYMENT REQUEST TO VEIT & COMPANY, INC. (Improvement Project No. 626) BE IT RESOLVED by the City Council of the City of New Hope that the construction project for the 36`' Avenue Street Infrastructure Project identified as Improvement Project No. 626 is hereby accepted and final payment on said project to Veit & Company, Inc. in the amount of One Hundred Twenty Thousand Two Hundred Eighty -Two and 64/100 Dollars ($120,282.64) is hereby approved, subject to completion by Veit & Company, Inc. of all final punch list items subject to approval by the New Hope City Engineer and receipt of all required IC -134 Forms. Dated the 24`' day of November, 2003. W. Peter Enck, Mayor Attest: Valerie Leone, City Clerk P1ATf0RNEY\CNH RESOLUTIONS\CNH99.66260- M-RESO APPROV PROJECT AND FINAL PAYMENT (PROJECT 626).00.DOC 1 Attorneys At Law COPY 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 • TELEFAX (763) 493 -5193 e -mail law@ j ensen- sondrall.com DOUGLAS T. DEBNER GORDON L. JENSEN' GLEN A. NORTON STEVEN A.SONDRALL STACY A. WOODS OF COUNSEL LORENS Q.BRYNESTAD 'Real Property Law Specialist Certified By The Minnesota State Bar Association 'Admitted in Iowa November 19, 2003 Tom Schuster Contract Manager City of New Hope Department of Public Works 6500 International Parkway New Hope, MN 55428 VIA FACSIMILE TO (763) 592 -6776 AND BY REGULAR U.S. MAIL Re: Proposed Resolution Accepting the 36t Avenue Street Infrastructure Project and Approving Final Payment Request to Veit &Company, Inc. Improvement Project No. 626 Our File No.: 99.66260 Dear Tom: Please find enclosed for consideration at the November 24, 2003 Council meeting a proposed Resolution Accepting 36t Avenue Street Infrastructure Project and Approving Final Payment Request to Veit & Company, Inc. (Improvement Project 626). Please contact me if you have any questions or comments concerning enclosed resolution. Very truly yours, Steven A. Sondrall, City Attorney, City of New Hope JENSEN & SONDRALL, P.A. sasojensen- sondrall. com After Hours Extension #147 Enclosure cc: Valerie Leone, City Clerk (w /enc.) P: \Attorney\ SAS \Letters \CNH99.66260 -15- Schuster Ltr.doc Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action /Equal opportunity Employer and Employee owned Principals: Otto G. Bonestroo, RE. • Marvin L Sorvala, PE. • Glenn R. Cook. P.E. • Robert G. Schunicht, PE. Jerry A. Bourdon, RE. • Mark A. Hanson, P.E. Senior Consultants: Robert W. Rosene, P.E. • Joseph C. Anderlik, PE. • Richard E. Turner, PE. • Susan M. Eberlin, C.P.A. Associate Principals: Keith A. Gordon, PE. • Robert R. Pfefferle, RE. • Richard W. Foster, RE. • David O. Loskota, P.E. Michael T. Rautmann, P.E. • Ted K. Field. P.E. • Kenneth P. Anderson, P.E. • Mark R. Rolfs, PE. • David A. Bonestroo, M.B.A. - Sidney P. Williamson, RE., L.S. • Agnes M. Ring, M.B.A. • Allan Rick Schmidt, PE. • Thomas W. Peterson, PE. James R. Maland, PE. • Miles B. Jensen, PE. • L. Phillip Gravel III, P.E. • Daniel J. Edgerton, RE. • Ismael Martinez, PE. Thomas A. Syfko, PE. • Sheldon J. Johnson • Dale A. Grove, P.E. • Thomas A. Roushar, PE. • Robert J. Devery, P.E. offices: St. Paul, St. Cloud, Rochester and Willmar, MN • Milwaukee. WI • Chicago, IL Website: www.bonestroo.com November 18, 2003 Mr. Tom Schuster City of New Hope Public Works 5500 International Parkway New Hope, MN 55428 Re: 36 Avenue North Street and Utility Improvements City Project No. 626 Bonestroo Project No. 34 -98 -217 Dear Tom: Enclosed find the signed final pay request for the 36 Avenue North Street and Utility Improvements project. With the exception of a few final punch list items, all work is complete. We recommend final payment in the amount of $120,282.64 contingent on the completion of the final punch list items and receipt of al IC -134 forms. The revised contract was for $2,255,203.82. The final value of work completed is $2,308,524.72, $53,320.90 (2.4 %) more than the contract. The majority of the extra cost was due to additional quantities for the Aggregate Base (Class 5). Test results for the reclaimed material did not meet MNDOT standards, requiring virgin material to be hauled on site for the base material under the roadway. There was also additional bituminous mixture required due to a number of smaller issues including extended limits to connecting streets and additional improvements done at the intersection of 36%2 Circle and Boone Ave. Overall, the quality of work completed is acceptable and meets the requirements of the contract. If you have questions, please contact me at 651- 604 -4938. Sincerely, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Jason Quisberg enclosure 2335 West Highway 36 ■ St. Paul, MN 55113 w 651- 636-4600 a Fax: 651-636 -1311 Bonestroo Rosen Anderlik & Associates Engineers & Architects Dwner: City of New Hope, 4401 Xylon Ave. N., New Hope, MN 55428 Date: November 17 2003 =or Period: 9/20/2003 to 11/17/2003 Request No: 12 AND FINAL contractor: VEIT & Company Inc., 14000 Veit Place, Rogers, MN 55374 CONTRACTOR'S REQUEST FOR PAYMENT 36TH AVENUE INFRASTRUCTURE & HIDDEN VALLEY PARK IMPROVEMENTS BRA FILE NO. 34 -98 -217 SUMMARY 1 Original Contract Amount $ 2,248,146.10 2 Change Order - Addition $ 7,057.72 3 Change Order - Deduction $ 0.00 4 Revised Contract Amount $ 2,255,203.82 5 Value Completed to Date $ 2,308,524.72 6 Material on Hand $ 0.00 7 Amount Earned $ 2,308,524.72 8 Less Retainage 0% $ 0.00 9 Subtotal $ 2,308,524.72 10 Less Amount Paid Previously $ 2,188,242.08 11 Liquidated damages - $ 0.00 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 12 AND FINAL $ 120 282.64 Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Specified Contract Completion Date: August 31, 2003 Apptay b Owner: CIT`hF W HOPE Date: 3498217REQ12Final 3498217REQ12Final Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date to Date Part 1 - Street/Sidewalk - 36th Ave /Boone 1 MOBILIZATION LS 1 25000.00 1 $25,000.00 2 CLEARING TREE 9 160.00 9 $1,440.00 3 GRUBBING TREE 9 160.00 9 $1,440.00 4 REMOVE RETAINING WALL LF 135 12.00 244 $2,928.00 5 REMOVE CONCRETE CURB AND GUTTER LF 9640 2.60 9816 $25,521.60 6 REMOVE BITUMINOUS PAVEMENT SY 45 12.00 265 $3,180.00 7 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SY 645 4.50 861 $3,874.50 8 REMOVE CONCRETE WALK SY 4870 3.20 4830 $15,456.00 9 REMOVE CONCRETE DRIVEWAY PAVEMENT SY 150 5.00 278 $1,390.00 10 REMOVE SIGN EA 14 50.00 14 $700.00 11 REMOVE HANDHOLE EA 1 540.00 $0.00 12 SAWING CONCRETE PAVEMENT (FULL DEPTH) LF 103 5.00 61 $305.00 13 SAWING BITUMINOUS PAVEMENT LF 1138 3.00 987 $2,961.00 14 SALVAGE AND REINSTALL RETAINING WALL SF 100 31.00 15 $465.00 15 SALVAGE SIGN EA 45 38.00 43 $1,634.00 16 RECLAIM BITUMINOUS PAVEMENT SY 24540 1.10 24279 $26,706.90 17 COMMON EXCAVATION (EV) CY 25000 4.15 26405 $109,580.75 18 SELECT GRANULAR BORROW (CV) CY 6740 10.80 7045 $76,086.00 19 TOPSOIL BORROW (LV) CY 2180 10.00 $0.00 20 GEOTEXTILE FABRIC SY 20685 0.60 22557 $13,534.20 21 MOTOR GRADER HR 60 115.00 60 $6,900.00 22 SKIDSTEER HR 35 92.00 35 $3,220.00 23 STREET SWEEPER (WITH PICKUP BROOM) HR 35 85.00 35 $2,975.00 24 WATER FOR DUST CONTROL MG 60 14.00 24 $336.00 25 AGGREGATE BASE, (CV) CLASS 5, 100% CRUSHED CY 2915 23.00 7090 $163,070.00 26 AGGREGATE BASE (CV), SALVAGED RECLAIM MATERIAL CY 4350 2.00 2444 $4,888.00 27 MILL BITUMINOUS SURFACE (1.5) SY 5520 1.00 3589 $3,589.00 28 TYPE 41A BITUMINOUS WEAR COURSE TN 1580 35.00 2260 $79,100.00 29 TYPE 31B BITUMINOUS BINDER COURSE MIXTURE TN 2185 33.00 2270 $74,910.00 30 TYPE 31B BITUMINOUS BASE COURSE MIXTURE TN 4295 32.00 4496 $143,872.00 31 TYPE 41 BITUMINOUS MIXTURE FOR DRIVEWAYS TN 145 80.00 218 $17,440.00 32 BITUMINOUS MATERIAL FOR TACK COAT GAL 1725 1.60 1660 $2,656.00 33 4" PERF PVC PIPE DRAIN LF 1070 15.00 885 $13,275.00 34 CONNECT DRAIN TILE TO STRUCTURE (CORE DRILL) EA 4 510.00 $0.00 35 4" CONCRETE WALK SF 36860 2.85 37422 $106,652.70 36 CONCRETE CURB AND GUTTER, DESIGN 8618 LF 8730 8.60 10102 $86,877.20 37 6" CONCRETE DRIVEWAY PAVEMENT SY 150 32.00 616 $19,712.00 38 PEDESTRIAN CURB RAMP EA 36 270.00 26 $7,020.00 39 RELOCATE MAILBOX EA 26 70.00 26 $1,820.00 40 TRAFFIC CONTROL LS 1 10800.00 0.1 1 $10,800.00 41 TRAFFIC CONTROL - DETOUR DAY 90 130.00 155 $20,150.00 42 SIGN PANEL, TYPE C SF 180 21.00 180 $3,780.00 43 PAVEMENT MESSAGE (LEFT ARROW) PAINT EA 4 54.00 28 $1 44 4" SOLID LINE WHITE -PAINT LF 14480 0.05 14970 $748.50 45 4" BROKEN LINE WHITE -PAINT LF 580 0.05 $0.00 46 4" DOUBLE SOLID LINE YELLOW -PAINT LF 8828 0.20 9890 $1,978.00 47 24" SOLID LINE WHITE -PAINT LF 430 2.70 297 $801.90 48 ZEBRA CROSSWALK WHITE - PAINT SY 270 16.00 262 $4,192.00 49 FULL T ACT T CONTROL SIGNAL SYSTEM SIGS 1 180000.00 1 $180,000.00 50 INSTALL PVC HANDHOLE EA 1 840.00 $0.00 51 INSTALL NMC LOOP DETECTOR EA 2 1295.00 2 $2,590.00 52 SILT FENCE, TYPE REGULAR LF 200 1.60 $0.00 53 SILT FENCE AROUND CATCH BASIN EA 27 12.00 2 $24.00 54 TEMPORARY SEDIMENT TRAP EA 2 450.00 $0.00 55 SODDING, TYPE LAWN SY 19510 2.00 175 19685 $39,370.00 Total Part 1 - Street/Sidewalk - 36th Ave /Boone $1,316,462.25 Part 1 - Street/Sidewalk - 36th Ave /Boone - Bid Amount Total - $1,169,520.10 Part 2 - Storm Sewer - 36th Ave /Boone 56 CLEARING TREE 7 215.00 7 $1,505.00 57 GRUBBING TREE 8 215.00 8 $1,720.00 58 REMOVE CONCRETE SEWER PIPE (STORM) LF 1166 10.00 955 $9,550.00 59 REMOVE CONCRETE APRON EA 2 280.00 2 $560.00 60 REMOVE MANHOLE OR CATCH BASIN EA 12 500.00 19 $9,500.00 3498217REQ12Final 3498217RE012Final Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date to Date 61 SALVAGE & INSTALL WOOD FENCE LF 30 37.00 48 $1,776.00 62 ABANDON PIPE SEWER LF 760 17.00 280 $4,760.00 63 COMMON EXCAVATION (EV), POND, ON -SITE CY 200 8.00 200 $1,600.00 64 TOPSOIL BORROW (LV) CY 90 13.00 $0.00 65 IMPROVED PIPE FOUNDATION CY 200 30.00 107 $3,210.00 66 48" RC PIPE APRON W/TRASH GUARD EA 1 2700.00 1 $2,700.00 67 48" RC PIPE SEWER CLASS III LF 212 160.00 269 $43,040.00 68 12" PIPE SEWER, STORM LF 461 28.00 617 $17,276.00 69 15" PIPE SEWER, STORM LF 130 29.00 120.5 $3,494.50 70 18" PIPE SEWER, STORM LF 369 33.00 388 $12,804.00 71 21" RC PIPE SEWER DES 3006 CLASS IV LF 856 32.50 916.5 $29,786.25 72 24" RC PIPE SEWER DES 3006 CLASS IV LF 527 40.00 569 $22,760.00 73 36" RC PIPE SEWER DES 3006 CLASS III LF 36 180.00 55.5 $9,990.00 74 CONSTRUCT BULKHEAD (STORM SEWER) EA 6 400.00 7 $2,800.00 75 CONST DRAINAGE STRUCTURE 4' MH EA 3 1550.00 3 $4,650.00 76 CONST DRAINAGE STRUCTURE 6' MH EA 1 3100.00 $0.00 77 CONST DRAINAGE STRUCTURE 7' MH EA 1 4200.00 2 $8,400.00 78 CONST DRAINAGE STRUCTURE 4' CBMH EA 17 1600.00 14 $22,400.00 79 2'X T RECTANGULAR CATCH BASIN EA 15 980.00 17 $16,660.00 80 CONSTRUCT MH OVER EXISTING PIPE EA 1 500.00 $0.00 81 REMOVE AND REPLACE MANHOLE FRAME EA 5 400.00 3 $1,200.00 82 REMOVE AND REPLACE CATCH BASIN FRAME EA 3 400.00 1 $400.00 83 CONNECT TO EXISTING STORM SEWER EA 5 375.00 6 $2,250.00 84 CONNECT TO EXISTING MANHOLE EA 4 500.00 9 $4,500.00 85 CONST 4' DIAMETER STRUCTURE OVERDEPTH LF 7 115.00 6 $690.00 86 CONST 6' DIAMETER STRUCTURE OVERDEPTH LF 12 240.00 $0.00 87 CONST 7' DIAMETER STRUCTURE OVERDEPTH LF 11 345.00 21 $7,245.00 88 RANDOM RIPRAP CLASS III CY 70 46.00 70 $3,220.00 89 SODDING, TYPE LAWN SY 625 2.40 625 $1,500.00 Total Part 2 - Storm Sewer - 36th Ave /Boone $251,946.75 Part 2 - Storm Sewer - 36th Ave /Boone - Bid Amount Total - $241,125.00 Part 3 - Watermain 90 REMOVE WATER MAIN LF 748 8.00 1670 $13,360.00 91 REMOVE HYDRANT EA 8 200.00 8 $1,600.00 92 REMOVE MANHOLE OR CATCH BASIN EA 3 530.00 3 $1,590.00 93 REMOVE GATE VALVE & BOX EA 2 133.00 26 $3,458.00 94 REMOVE VALVE BOX EA 15 106,00 1 $106.00 95 IMPROVED PIPE FOUNDATION CY 430 31.00 430 $13,330.00 96 CONSTRUCT BULKHEAD (WATERMAIN) EA 23 165.00 46 $7,590.00 97 TEMPORARY WATER SERVICE LS 1 20000.00 1 $20,000.00 98 6" WATER MAIN OFFSET EA 2 1245.00 2 $2,490.00 99 HYDRANT EA 8 1500.00 8 $12,000.00 100 CONNECT TO EXISTING WATER MAIN EA 19 300.00 20 $6,000.00 101 6" GATE VALVE AND BOX EA 20 595.00 19 $11,305.00 102 8" GATE VALVE AND BOX EA 8 800.00 11 $8,800.00 103 12" BUTTERFLY VALVE AND BOX EA 4 955.00 5 $4,775.00 104 1" CORPORATION STOP EA 22 100.00 22 $2,200.00 105 1 -1/2" CORPORATION STOP EA 1 180.00 2 $360.00 106 1" CURB STOP AND BOX EA 22 145.00 22 $3,190.00 107 1 -1/2" CURB STOP & BOX EA 1 186.00 2 $372.00 108 RECONNECT WATER SERVICES EA 23 325.00 24 $7,800.00 109 6" WATER MAIN - DUCTILE IRON, CLASS 52 LF 834 21.00 576 $12,096.00 110 8" WATER MAIN - DUCTILE IRON, CLASS 52 LF 2210 23.00 2226 $51,198.00 111 12" WATER MAIN - DUCTILE IRON, CLASS 52 LF 2605 29.50 2537 $74,841.50 112 1" TYPE "K" COPPER WATER SERVICE LF 700 14.80 1011 $14,962.80 113 1 -112" TYPE "K" COPPER WATER SERVICE LF 50 18.00 50 $900.00 114 2" POLYSTYRENE INSULATION SY 20 37.00 7 $259.00 115 DUCTILE IRON FITTINGS LB 10550 2.75 9851 $27,090.25 Total Part 3 - Watermain $301,673.55 Part 3 - Watermain - Bid Amount Total - $289,900.00 Part 4 - Sanitary Sewer 116 REMOVE SEWER PIPE (SANITARY) LF 570 14.00 194 $2,716.00 117 REMOVE MANHOLE OR CATCH BASIN EA 3 500.00 3 $1,500.00 118 ABANDON CATCH BASIN OR MANHOLE EA 2 430.00 2 $860.00 3498217RE012Final 3498217REQ12Finai Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date to Date 119 ABANDON PIPE SEWER LF 760 6.50 $0.00 120 IMPROVED PIPE FOUNDATION CY 180 31.00 180 $5,580.00 121 8" PVC PIPE SEWER, SDR 35, 0' -10' DEEP LF 130 21.50 130 $2,795.00 122 8" PVC PIPE SEWER, SDR 35,10'-12' DEEP LF 360 23.00 360 $8,280.00 123 8" PVC PIPE SEWER, SDR 35, 12' -14' DEEP LF 30 24.00 30 $720.00 124 10" PVC PIPE SEWER, SDR 35 10' -12' DEEP LF 326 24.50 326 $7,987.00 125 10" PVC PIPE SEWER, SDR 35 12' -14' DEEP LF 40 28.50 40 $1,140.00 126 10" PVC PIPE SEWER, SDR 26, 14' -16' DEEP LF 330 27.00 283 $7,641.00 127 10" PVC PIPE SEWER, SDR 26, 16' -18' DEEP LF 50 31.50 50 $1,575.00 128 10" PVC PIPE SEWER, SDR 26, 18' -20' DEEP LF 50 37.00 50 $1,850.00 129 CONSTRUCT BULKHEAD (SANITARY SEWER) EA 27 200.00 21 $4,200.00 130 CONNECT TO EXISTING MANHOLES (SANITARY) EA 4 575.00 4 $2,300.00 131 RECONNECT TO EXISTING SANITARY SEWER SERVICI EA 7 300.00 7 $2,100.00 132 4" PVC, SDR 26 SERVICE PIPE LF 260 21.50 447 $9,610.50 133 8" X 4" PVC WYE SDR 35 EA 6 61.50 5 $307.50 134 10" X 4" PVC WYE SDR 35 EA 1 100.00 4 $400.00 135 CLOSED CIRCUIT TELEVISION INSPECTION LF 1216 0.50 1094 1094 $547.00 136 REMOVE AND REPLACE MANHOLE FRAME EA 11 300.00 8 $2,400.00 137 STANDARD SANITARY MANHOLE EA 5 1340.00 6 $8,040.00 138 STANDARD SANITARY MANHOLE OVERDEPTH LF 14 115.00 20 $2,300.00 Total Part 4 - Sanitary Sewer $74,849.00 Part 4 - Sanitary Sewer - Bid Amount Total - $82,194.00 Part 5 - Regional Trail 139 REMOVE CONCRETE CURB AND GUTTER LF 100 5.00 34 $170.00 140 REMOVE CONCRETE WALK SY 1410 2.00 1575 $3,150.00 141 RELOCATE MTC BENCH EA 2 115.00 1 1 $115.00 142 COMMON EXCAVATION (EV), PATH CY 800 5.00 800 $4,000.00 143 TOPSOIL BORROW (LV) CY 180 13.00 180 $2,340.00 144 AGGREGATE BASE, (CV) CLASS 5, 100% CRUSHED CY 1180 20.00 1180 $23,600.00 145 TYPE 41A BITUMINOUS MIXTURE FOR PATH TN 1045 40.00 1081 $43,240.00 146 MODULAR BLOCK RETAINING WALL SF 1010 17.00 1146 $19,482.00 147 ADJUST CURB BOX EA 1 265.00 $0.00 148 CONCRETE CURB AND GUTTER, DESIGN B618 LF 100 27.00 34 $918.00 149 SODDING, TYPE LAWN SY 2870 2.50 2870 $7,175.00 Total Part 5 - Regional Trail $104,190.00 Part 5 - Regional Trail - Bid Amount Total - $102,600.00 Part 6 - Playfields 150 CLEARING TREE 15 160.00 5 $800.00 151 GRUBBING TREE 15 160.00 5 $800.00 152 REMOVE CONCRETE CURB AND GUTTER LF 18 8.00 21 $168.00 153 REMOVE CONCRETE SEWER PIPE (STORM) LF 10 18.00 $0.00 154 REMOVE BITUMINOUS PAVEMENT SY 1385 2.50 $0.00 155 REMOVE CONCRETE WALK SY 172 4.00 172 $688.00 156 REMOVE CONCRETE APRON EA 1 400.00 $0.00 157 SAWING BITUMINOUS PAVEMENT LF 200 3.50 $0.00 158 COMMON EXCAVATION (EV) CY 1650 2.40 1650 $3,960.00 159 TOPSOIL BORROW (LV) CY 2200 13.00 488 $6,344.00 160 SALVAGED TOPSOIL CY 4000 3.75 5600 $21,000.00 161 AGGREGATE BASE, (CV) CLASS 5, 100% CRUSHED CY 900 20.00 $0.00 162 TYPE 41A BITUMINOUS WEAR COURSE TN 26 80.00 $0.00 163 TYPE 31B BITUMINOUS BASE COURSE MIXTURE TN 35 64.00 $0.00 164 BITUMINOUS MATERIAL FOR TACK COAT GAL 15 3.00 $0.00 165 36" RC PIPE APRON WITRASH GUARD EA 1 1845.00 $0.00 166 24" RC PIPE APRON EA 1 540.00 1 $540.00 167 12" PIPE SEWER, STORM LF 82 23.00 82 $1,886.00 168 15" PIPE SEWER, STORM LF 200 26.00 200 $5,200.00 169 18" PIPE SEWER, STORM LF 237 29.00 236 $6,844.00 170 24" RC PIPE SEWER DES 3006 CLASS IV LF 478 36.00 298 $10,728.00 171 30" RC PIPE SEWER DES 3006 CLASS III LF 375 44.50 $0.00 172 30" RC PIPE SEWER DES 3006 CLASS IV LF 375 51.00 $0.00 173 36" RC PIPE SEWER DES 3006 CLASS III LF 52 61.00 $0.00 174 CONST DRAINAGE STRUCTURE 4' MH EA 1 1540.00 1 $1,540.00 175 CONST DRAINAGE STRUCTURE 5' MH EA 2 2220.00 $0.00 176 CONST DRAINAGE STRUCTURE 4' CBMH EA 1 1450.00 2 $2,900.00 3498217REQ12Finai No. Item 177 CONST DRAINAGE STRUCTURE 5' CBMH 178 CONNECT TO EXISTING MANHOLE 179 CONST 5' DIAMETER STRUCTURE OVERDEPTH 180 RANDOM RIPRAP CLASS III 181 CONCRETE CURB AND GUTTER, DESIGN B618 182 TEMPORARY FENCE 183 HAY BALES 184 SILT FENCE, TYPE REGULAR 185 TEMPORARY ROCK CONSTRUCTION ENTRANCE 186 PROTECTION OF CATCH BASIN, NON - STREET 187 SODDING, TYPE LAWN 188 HYDROSEED 189 IRRIGATION SYSTEM 190 RED BALL DIAMOND ROCK 191 SELECT GRANULAR BORROW (CV), BALLFIELDS 192 IRRIGATION SYSTEM ELECTRICAL SERVICE 193 REMOVE BACKSTOP AND FENCES 194 BALLFIELD BACKSTOP 195 BALLFIELD FENCING - 8' HIGH 196 PLAYER BENCH W /CONC PAD - 200 SF 197 4" CONCRETE BLEACHER PAD 198 CONCRETE MAINTENANCE CURB 199 LITTER RECEPTACLE CONC. PAD 200 SITE GRADING 201 PORTABLE TOILET ENCLOSURE W /CONC PAD - HANDICAP Total Part 6 - Playfields Change Order Number 1 1 MANHOLE ADJUSTMENTS 2 RECONSTRUCT SANITARY SEWER Total Change Order No. 1 Total Part 1 - Street/Sidewalk - 36th Ave /Boone Total Part 2 - Storm Sewer - 36th Ave /Boone Total Part 3 - Watermain Total Part 4 - Sanitary Sewer Total Part 5 - Regional Trail Total Part 6 - Playfields Total Change Order No. 1 Total Work Completed To Date $252,345.45 LS 1 1990.00 1 $1,990.00 LS 1 5067.72 1 $5,067.72 $7,057.72 $1,316,462.25 $251,94635 $301,673.55 $74,849.00 $104,190.00 $252,345.45 $7,057.72 $2,308,524.72 3498217REQ12Final Contract Unit Current Quantity Amount Unit Quantity Price Quantity to Date to Date EA 1 2300.00 $0.00 EA 2 550.00 1 $550.00 LF 17 187.00 $0.00 CY 36 47.00 12 $564.00 LF 18 32.00 21 $672.00 LF 5000 1.65 4853 $8,007.45 EA 12 11.00 $0.00 LF 525 2.00 905 $1,810.00 EA 2 900.00 $0.00 EA 4 100.00 3 $300.00 SY 19000 1.75 19000 $33,250.00 SY 25200 1.00 18500 $18,500.00 LS 1 13000.00 0.2 1 $13,000.00 CY 280 31.00 412 $12,772.00 CY 900 11.00 850 $9,350.00 LS 1 2100.00 0.2 1 $2,100.00 EA 3 320.00 3 $960.00 EA 2 7800.00 2 $15,600.00 LF 472 35.00 436 $15,260.00 EA 4 1000.00 4 $4,000.00 SF 983 4.00 983 $3,932.00 LF 70 16.00 70 $1,120.00 EA 3 600.00 2 $1,200.00 LS 1 42000.00 1 $42,000.00 EA 1 4000.00 1 $4,000.00 $252,345.45 LS 1 1990.00 1 $1,990.00 LS 1 5067.72 1 $5,067.72 $7,057.72 $1,316,462.25 $251,94635 $301,673.55 $74,849.00 $104,190.00 $252,345.45 $7,057.72 $2,308,524.72 3498217REQ12Final PROJECT PAYMENT STATUS OWNER CITY OF NEW HOPE BRA FILE NO. 34 -98 -217 CONTRACTOR VEIT & COMPANY INC CHANGE ORDERS No. Date Description Amount 1 1/3/2003 This Change Order provides for additional work on this project. See Change Order. $7,057.72 5,491.30 109,825.95 2 07/19/2002 08/22/02 366,971.94 24,805.61 496,112.20 Total Change Orders $7,057.72 PAYMENT SUMMARY No. From To Payment Retainage Completed 1 05/24/2002 07/18/02 104,334.65 5,491.30 109,825.95 2 07/19/2002 08/22/02 366,971.94 24,805.61 496,112.20 3 08/23/2002 09/11/02 396,915.37 45,695.89 913,917.85 4 09/12/2002 10/14/02 283,701.06 60,627.53 1,212,550.55 5 10/15/2002 11/06/02 341,891.47 78,621.82 1,572,436.31 6 11107/2002 12/11/02 347,785.59 96,926.32 1,938,526.40 7 12/12/2002 01/03/03 6,704.83 97,279.21 1,945,584.12 8 01/04/2003 05/09/03 68,705.71 100,895.30 2,017,905.92 9 05/10/2003 06/10/03 56,710.21 103,880.04 2,077,600.87 10 06/11/2003 07/18/03 175,912.30 113,138.59 2,262,771.72 11 07/19/2003 09/19/03 38,608.95 115,170.64 2,303,412.72 12 AND FINAL 09/20/2003 11/17/03 120,282.64 2,308,524.72 Material on Hand Total Payment to Date $2,308,524.72 Original Contract $2,248,146.10 Retaina e Pay No. 12 AND FINAL Change Orders $7,057.72 Total Amount Earned $2,308,524.72 Revised Contract $2,255,203.82 3498217REQ12Final COUNCIL REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Public Works May 10, 2004 Consent Item No. By: Guy Johnson By: 6.4 RESOLUTION AUTHORIZING REDUCTION OF SPECIAL ASSESSMENT LEVY NO. 015872 (improvement project 626) REQUESTED ACTION Staff is recommending that the Council reduce the special assessment levy to the Church of St Joseph's, 8701 36th Avenue North, and sign the agreement to reassess the property from $87,545.34 to $45,000.00. POLICY/PAST PRACTICE Assessments are proposed to be levied against benefited, tax-exempt properties, in accordance with New Hope's Assessment Policy. BACKGROUND The 36th Avenue Infrastructure Project included reconstruction of 36th Avenue and improvements to sanitary and storm sewer systems and water mains in the area between Trunk Highway 169 and Winnetka Avenue. Also included in the project was construction of a trail along the street, and the installation of a signal system at the Boone Avenue intersection. On February 25, 2002, the City Council approved a resolution declaring estimated costs to be assessed, and established a public hearing for March 25, 2002, to review the proposed project and to consider the assessments for the 36th Avenue Infrastructure Improvement Project No. 626. At the March 25 Council meeting, the Council ordered the construction of the project. A representative of St. Joseph's Church attended the meeting and addressed the Council during the public hearing. On October 13, 2003, the City Council scheduled the assessment public hearing for November 10, 2003. A representative of St. Joseph's Church attended the November 10, 2003 assessment public hearing and announced that the church would appeal the special assessment. Using the New Hope Assessment Policy, the city engineer had determined that the total cost for the street portion of the project along 36th Avenue is $1,488,015.64 and that the assessment rate per foot is $155.65. The 36th Avenue Infrastructure Improvement Project included two tax-exempt properties; the city of New Hope and St. Joseph's Church. New Hope's assessable footage was 50 feet, for a proposed total assessment amount of $7,782.50. St. Joseph's Church assessable footage was 570 feet, for a proposed total assessment amount of $87,545.34. Through negotiations between staff and church representatives, an agreement was drafted to reassess the property. The agreement allows for the reduction in the church's assessment and conveys approximately 18,612 square feet of easement to the city. The easement was acquired for the construction of the city's regional pond and storm drainage improvements that are called out in the city's 1996 Surface Water Management Plan. ATTACHMENTS The copies of the resolution and the agreement are attached. MOTION BY SECOND BY TO: I:RFA\Pubworks\2004\626 Resolution Authorizing Reassessment Attorneys At Law F y 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 • TELEFAx (763) 493 -5193 e -mail law @j ensen- sondrall.com DOUGLAS J. DEBNER GORDON L. JENSEN' CLARISSA M. KLUG GLEN A. NORTON STEVEN A.SONDRALL STACY A. WOODS OF COUNSEL LORENS Q. BRYNESTAD `Real Property Law Specialist Certified By The Minnesota State Bar Association 'Admitted in Iowa Writer's Direct Dial No.: (763) 201 - 0211 e -mail sas@jensen- sondrallcom May 5, 2004 Daniel J. Donahue City Manager City of New Hope 4401 Xylon Avenue North New Hope, MN X5428 VIA FACSIMILE TO: (763) 531 -5136 AND BY REGULAR U.S. MAIL Re: St. Joseph's Assessment for 36" Avenue Street Project Court File No. AP03- 019873 Our File No. 99.66260 Dear Dan: Please find enclosed for consideration at the May 10, 2004 Council meeting, a proposed Resolution settling the St. Joseph's Assessment Appeal. Basically, the Resolution and Agreement to Reassess are self - explanatory. I believe it puts into place the authorization I received from the City Council at the closed meeting on this matter. Please contact me if you have any questions or comments, or if you would like this matter considered by the City Council at a closed meeting. I do not believe a closed meeting is necessary unless you believe there will be further discussions concerning the reasoning behind this settlement proposal as outlined in the Reassessment Agreement and proposed Resolution. Very truly yours, Steven A. Sondrall, City Attorney, City of New Hope Enclosures cc: alerie Leone (w /enc.) Daryl Sulander (w /enc.) P: \Attorney \SAS \1 Client Files \2 City of New Hope \99 - 66260 \CNH99.66260 -20- Donahue Ltr.doc RESOLUTION NO. 04- 90 RESOLUTION AUTHORIZING REDUCTION OF SPECIAL ASSESSMENT LEVY NO. 015872 BE IT RESOLVED by the City Council of the City of New Hope as follows: WHEREAS, the City Council adopted Resolution No. 03 -163 authorizing the levy of special assessments to benefited property for the 36` Avenue Infrastructure Improvement Project No. 626, and WHEREAS, the property owner of parcel no. 19- 118 -21 -21 -0001, commonly known as Church of St. Joseph's 8701 36' Avenue North appealed the assessment to Hennepin County District Court per Minn. Stat. §429.081, and WHEREAS, upon the advice of the City Attorney the City Council has determined the assessment against parcel no. 19- 118 -21 -21 -0001 may be excessive and found invalid by the court and hereby wishes to reassess the parcel referenced above per Minn. Stat. §429.071, and WHEREAS, the City Council and Church of St. Joseph's are both desirous of settling this assessment appeal without resort to continued litigation and have agreed upon a reassessment amount as set forth in the Agreement To Reassess Property At 8701 36" Avenue North And Dismiss Assessment Appeal attached hereto as Exhibit A. Said agreement also requires the Church of St Joseph's to convey to the City a storm water pond /drainage and utility easement approximately 18,612 sq. ft. in size and pay for its private driveway reconstruction costs in consideration for the herein reassessment, and WHEREAS, upon execution by the Church of St Joseph's of the Agreement To Reassess Property At 8701 36`'' Avenue North And Dismiss Assessment Appeal (Exhibit A) affirming its agreement to the reassessment amount, its agreement to convey the storm water pond /drainage and utility easement and pay the agreed upon amount for the private driveway reconstruction it is in the best interests of the City and the Church to discontinue any further appeals. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. That the assessments be reduced in the following amount as they apply to each parcel here listed: Sec. Twp. Rng. QQ Suffix Original Amount Reduction Revised Assessment 19 118 21 21 0001 $87,545.34 $42,545.34 $45,000.00 1 2. That this reassessment shall be effective subject to return by the Church of St. Joseph's of a signed Agreement To Reassess Property At 8701 36' Avenue North And Dismiss Assessment Appeal, a copy of which is attached as Exhibit A and a recordable easement for a storm water pond, drainage and utilities. 3. That the revised assessments shall be spread in accordance with the terms of Levy No. 015872. 4. That the City Manager and his staff are hereby authorized to take all necessary steps to amend the assessment roll for Levy No. 015872 in conformance with the terms of this Resolution. Dated the 10' day of May, 2004. ,::: �Y,� �,-, Don ollier, Mayor Attest: Valerie Leone, City Clerk PAATTORNErSAS\I CLIENT FILES2 CITY OF NEW HOPE19 9- 6 626 01RESOLUTION REASSESSING 8701 36TH AVENUE. WC 2 1 1 ` r �' 1 .. 1. Parties The parties to this Agreement are the City of New Hope, a Minnesota municipal corporation, (hereafter "City "), and the Church of St. Joseph's, a Minnesota corporation (hereafter "Church "). 2. Acknowledgment by Parties a. The Church is the fee owner of the property located at 8701 36` Avenue North, also identified by property number 18- 118 -21 -21 -0001. b. The Church's property abuts 36`' Avenue North. C. The City's 36' Avenue Infrastructure Improvement Project No. 626 resulted in a special benefit to the Church's property and an increase to the property's market value as well. d. As part of the Infrastructure Improvement Project, the City also caused a portion of the Church's private driveway to be reconstructed at the Church's request. The cost of the reconstruction is estimated at $6,508.80. e. The City has required from the Church and the Church has agreed to convey to the City approximately 18,612 square feet of the Church's property for an exclusive storm water pond /drainage and utility easement, shown on Exhibit A attached hereto. f, The City has specially assessed the church's property $87,545.34 for the public improvements the City has made to 36 Avenue North as part of the City's Improvement Project 626. This assessment was adopted per Resolution No. 03- 163 at the November 10, 2003 City Council meeting. g. The Church has appealed from the special assessment to its property referenced above per Minn. Stat §429.081. 3. Agreement Between the Parties a. The City will reduce the special assessment to $45,000.00 per the proposed Resolution attached hereto as Exhibit B. b. In consideration for the City's reassessment or reduction of the special assessment, the Church will dismiss with prejudice the assessment appeal from the City's assessment it filed in District Court identified as District Court File EXHIBIT No. AP03- 019873 and the Church hereby agrees to the reassessment of its property as indicated in paragraph 3.a. above. C. The Church hereby waives its right to notice and hearing of this reassessment to its property required by Minn. Stat §429.071(2) and agrees its property has been benefited to the extent of this reassessment. d. In further consideration for the reassessment, the Church will convey to the City an exclusive easement for storm water ponding, drainage and utilities over, under and across its property as shown on Exhibit A attached. Further, the monetary consideration for said easement is incorporated in the reassessment amount set out in paragraph 3.a. above. No further payment will be made by the City to the Church for said easement. e. The City agrees the reassessment amount set out in paragraph 3.a. above also incorporates the Church's payment for the private driveway reconstruction and no further payments will be required from the Church for said driveway reconstruction. f. Each party will pay its own costs and attorneys' fees in connection with the assessment appeal. Dated: May , 2004. le By: _ Its: By: _ Its: 0 Don Collier Its: Mayor By: Daniel J. Donahue Its: City Manager 2 STATE OF MINNESOTA COUNTY OF and ss. The foregoing instrument was acknowledged before me this day of May, 2004, by and , the respectively, of the Church of St. Joseph's, a Minnesota corporation, on behalf of the corporation. (Notary Public Seal) STATE OF MINNESOTA COUNTY OF I SS. Notary Public The foregoing instrument was acknowledged before me this day of May, 2004, by Don Collier and Daniel J. Donahue, the Mayor and City Manager, respectively, of the City of New Hope, a Minnesota municipal corporation, on behalf of the municipal corporation. (Notary Public Seal) Notary Public P: \Attomey\SAS \I Client Files \2 City of New Hope \99 - 66260 \CNH99.66260-21 - Agreement to Reassess.doc 3 EXHIBIT 11 A I 36TH AVENUE NORTH X PA 2 xl\\,\\"\ \\ > z — — — — — — — — — — — — 175,00' m NEW - TOPE, MINNESOTA p - 1 O - i- -. X ".,:: . " , - , " JOSEPH S STORI, - WATER AND UTILITY IMPROVEMENTS St. Paut. MN $5113 > STORM SEWLk & WETLAND REPLACEMENT EASEMENTS ASSOGateS PhIXIt: 651-636 F CITY PROJECT N.. 746 — 6516 • 1311 AGREEMENT TO REASSESS PROPERTY AT 8701 36 AVENUE NORTH AND DISMISS ASSESSMENT APPEAL 1. Parties The parties to this Agreement are the City of New Hope, a Minnesota municipal corporation, (hereafter "City "), and the Church of St. Joseph's, a Minnesota corporation (hereafter "Church "). 2. Acknowledgment by Parties a. The Church is the fee owner of the property located at 8701 36" Avenue North, also identified by property number 18- 118 -21 -21 -0001. b. The Church's property abuts 36` Avenue North. C. The City's 36" Avenue Infrastructure Improvement Project No. 626 resulted in a special benefit to the Church's property and an increase to the property's market value as well. d. As part of the Infrastructure Improvement Project, the City also caused to be constructed on the Church's property a storm water pond and caused the reconstruction of a portion of the Church's private driveway at the Church's request. The Church's cost for the storm water pond construction is $44,000.00 and the driveway reconstruction cost is $6,508.80. e. The City has also required from the Church and the Church has agreed to convey to the City or cause to be platted an approximately 18,612 square feet exclusive storm water pond /drainage and utility easement on the Church's property as shown on Exhibit A attached hereto. f. The City has specially assessed the church's property $87,545.34 for the public improvements the City has made to 36" Avenue North as part of the City's Improvement Project 626. This assessment was adopted per Resolution No. 03- 163 at the November 10, 2003 City Council meeting. g. The Church has appealed from the special assessment to its property referenced above per Minn. Star. §429.081. 3. Agreement Between the Parties a. The City will reduce the special assessment to $45,000.00 per the proposed Resolution attached hereto as Exhibit B. b. In consideration for the City's reassessment or reduction of the special assessment, the Church will dismiss with prejudice the assessment appeal from the City's assessment it filed in District Court identified as District Court File No. AP03- 019873 and the Church hereby agrees to the reassessment of its property as indicated in paragraph 3.a. above. C. The Church hereby waives its right to notice and hearing of this reassessment to its property required by Minn. Stat §429.071(2) and agrees its property has been benefited to the extent of this reassessment. d. In further consideration for the reassessment, the Church will either convey to the City or cause to be platted an exclusive easement for storm water ponding, drainage and utilities over, under and across its property as shown on Exhibit A attached. Further, the monetary consideration for said easement is incorporated in the reassessment amount set out in paragraph 3.a. above. No further payment will be made by the City to the Church for said easement. e. The City agrees the reassessment amount set out in paragraph 3.a. above also incorporates the Church's payment for the storm water pond construction and the private driveway reconstruction and no further payments will be required from the Church for said pond construction or driveway reconstruction. f. Each party will pay its own costs and attorneys' fees in connection with the assessment appeal. Dated: May j - 1 , 2004. CH OF ST. JOSEPH'S By: Its: y Its: CITY OF NEW UOPE By: Don Follier Its: Mayor By: aniel J. 15onahue Its: City Manager 2 STATE OF MINNESOTA ss. COUNTY OF E�� �tr The foregoing instrument was acknowledged before me this � t c, day of May, 2004, by � v rj r J 1 i z..: and L: L -E i? Z .= ,t , the and , ; t z ,- respectively, of the Church of St. Joseph's, a Minnesota corporation, on behalf of the corporation. (Notary Public Seal) -.:- DAVID E. KOHNER Notary Public NOTARY PUBLIC - MINNESOTA y MY COMMISSION EXPIRES 131 -2005 STATE OF MINNESOTA . ss. COUNTY OF J1,(r ..e The foregoing instrument was acknowledged before me this day of May, 2004, by Don Collier and Daniel J. Donahue, the Mayor and City Manager, respectively, of the City of New Hope, a Minnesota municipal corporation, on behalf of the municipal corporation. VALERIEJ. LEONE NO TA r P1 ^;'NNES0TA 31, 2005 Notary Public P: \Attorney \SAS \l Client Files \2 City of New Hope \99 - 66260 \CNH99.66260 -21- Agreement to Reassess.doc 3 ESEN & SONDRALL, P.A. Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 ® TELEFAX (763) 493 -5193 e-mail law@jensen-sondrall.com Date: A ril 1, 2004 To: Dan Donahue From: Steve Sondrall Re: St. Joseph's Assessment Appeal /District Court File No. AP03- 019873 Our File No. 99.66260 This memo is protected by the attorney /client privilege and is to be considered by the City Council at its April 5, 2004 closed meeting to consider litigation strategy for the continued prosecution of the St. Joseph's Church assessment appeal. We have assessed the Church $87,545.34 for the 36"' Avenue Infrastructure Improvement project. Basically, this cost was determined by calculating the lineal foot cost for the project and multiplying the cost by the extent of the street frontage connected with the Church property. The lineal foot cost of the project is $155.65. The Church's has 562.45 feet of street frontage. ($155.65 x 562 .45 = $87,545.34). We have also constructed for the Church its own storm water ponding and driveway improvements at a cost to the Church currently of $44,988.80. As a compromise to its assessment appeal, the Church has offered to pay $27,190.22. This compromise is based on the fact we have also requested the Church to give the City 18,612 sq. feet of Church property for regional storm water drainage purposes unrelated to the Church's own runoff. The Church is asking the City to pay $5.66 per sq. ft. for this property previously agreed to pay the Church $2.80 sq ft or $52,113.60. This amount would e l credited t ward the assessment and the Church's own cost for the City's construction of the Church's storm water pond and driveway improvements. Therefore, the Church currently owes the City the following: • $87,545.34 for the special assessment, plus • $44,988.80 for storm water ponding. • This equals $132,534.14. If we paid the Church its requested $105,343.92 land cost for the needed easement, the Church would owe the City $27,190.22. If we paid the Church $52,113.60 for the easement, they would owe us $80,420.54. Therefore, the real issue is not the assessment but the value of the easement property. The Church does not dispute the storm water pond and driveway improvement costs , but it has appealed its $87,545.34 assessment on several grounds. Attached to this memo is its attorney's MEMORANDUM - PAGE 1 04/01/2004 11:08 FAX 763 493 5193 JENSEN & SONDRALL, P.A. -� CNH -CH 0 005 November 10, 2003 letter specifying the grounds of their appeal. I disagree with his statement the assessment is an illegal tax. I believe the law is clear that the City has the ability to require tax - exempt property's to pay special assessments for public improvements which specially benefit tax- exempt properties. The other three points made in his are legitimate concerns which I will address in this memo. The City has the burden of proof to establish that our assessment is valid. Their attorney is correct, we will need to prove the improvements in 36' Avenue will in fact increase the value of the Church property by $87,545.34. This issue becomes problematic in that it will require the City to retain an appraiser to support this assessment. It will require the Church to retain the services of an appraiser as well. Since we are dealing with Church property in a residential zoning district, a "special use" appraisal will be necessary. The cost of such an appraisal is estimated at $5,000.00 to $7,500.00. Also, trial testimony and preparation time for the appraiser will be another 15 -20 hours of time at $150.00 to $200.00 per hour. The appraiser's trial and preparation time is estimated to cost $3,000.00 to $4,000.00. Therefore, it is not unreasonable to assume the City will spend $5,000.00 to $10,000.00 in appraisal costs to support the assessment. These costs are in addition to attorneys fees which may be as high as $10,000.00 as well. This is also assuming the appraisal establishes a secial benefit to the property equaling or exceeding $87,545.34. p In the event the appraisal does not establish the assessment cost, the assessment will need to be reduced accordingly. We can only assess the supportable increase to market value caused by Our public improvement. I am also concerned with our policy of charging the Church a commercial rate. The Church property is zoned residential. Presumably, the highest and best use of the property, if not used as a church, would be for single family or two family residential homes or a development project much like the one on Bass Lake Road and Winnetka. If a court concluded this was the highest and best use of the property, I suspect we would be redirected by the Court to reassess the property at residential rate. Our assessment policy sets the residential rate at 2/3 of the commercial rate we have presently assessed the Church. If we used the residential rate for the Church's assessment, the cost would be $58,363.56. If we add the $44,980.80 pond and driveway costs to this figure the amount due from the Church would be $103,352.36. As mentioned, the real issue is the value of the 18,612 sq ft of drainage easement we need from the Church. We have estimated the land value of the easement area at $2.80 sq ft or $52,113.60. If we subtract this figure from $103,352.36, the likely amount of the reassessment, the Church would owe the City $51,238.76. It is my opinion the $2.80 sq ft value is more ' realistic for the easement value because we are taking an easement and not the entire fee. Most appraisers will value an easement, as opposed to the fee, at a reduced rate and sometimes as much as 50% of the fee. Therefore, if the land was worth $5.66 sq ft as suggested by the Church, that is the value of the ,fee. That could be reduced by as much as 50% or down to 2.83 sq ft. This is in Iine with what we have already offered. In conclusion, it's my opinion our supportable assessment number is $51,238.76. The Church only wants to pay $27,190.22. At our recent meeting with the Church, they suggested they may be willing to spit the difference between these numbers and pay $39,214.22. We will need to obtain an appraisal MEMORANDUM - PAGE 2 04/01/2004 11:08 FAX 763 493 5193 JENSEN & SONDRALL, P.A. 4 CNH -CH a006 at a minimum cost of $5,000.00 to determine what our supportable assessment number is. I am fairly convinced the number will be closer to the $51,238.76 residential rate. Also, the value of the easement property may have a greater value than $2.80 sq ft. If the Church has sold its adjacent land at $5.66 sq ft, that sale is evidence of the Church property value. Using this value as the fee value, if we reduced the value to 75 % of the fee instead of 50 % the easement value would be $79,101.00. This would reduce the cost owed by the Church to $24,251.36 or less than what they are willing to pay right now. It's my opinion a reasonable settlement number would be $43,772.67. This would be 50% of our original assessment. This is supportable since a reassement may require us to lower this number to the $51,238.27 residential rate plus it increases the easement value to $59,579.69 or $3.20 sq ft. This is a reduction to 56% of the fee value based on $5.66 sq ft. It also avoids payment of what might be significant litigation and appraisal costs and keeps our assessment policy in tack. Please let me know if you need any further information from me. PM1mrney%SAS\1 Client Filest2 City of New HOW99. 66260 \closed meeting memo sutlemem.doc MEMORANDUM - PAGE 3 Please put in Jg s C mailbox after processing STATE OF MINNESOTA M DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT r The Church of St. Joseph, Plaintiff, PRETRIAL ORDER vs. File No. AP 03- 019873 City of New Hope, Defendant. IT IS HEREBY ORDERED that the above - entitled case will be set for pretrial /settlement conference before the undersigned in Courtroom C1053 at 9:00 a.m. on October 22, 2004. Please be on time. 1. This is a mandatory conference and shall be attended by: a. the attorneys who will try the case, b. the parties involved in the litigation, C. claims adjusters, and d. any other person with full authority to settle the case. 2. A continuance will not be granted except for the most extraordinary and unforeseeable events. Request for a continuance and reasons therefor must be submitted by letter to the undersigned within five days of receipt of this notice and a copy of the request furnished to other attorneys of record within the time provided. 3. All discovery procedures must be completed, a Statement of the Case shall be filed by all parties, and all pleadings shall be filed at least five days prior to this conference. 4. Prior to the conference, counsel are required to exchange written settlement proposals (demands, offers, any non - monetary terms). These proposals should not be filed with the court. 5. Counsel shall immediately notify the undersigned of any final disposition of this case prior to the conference. 6. In the event the case cannot be settled, counsel should be prepared to discuss trial issues, including length of presentation, number of witnesses and exhibits, anticipated motions in limine, requests for non - standard instructions, anticipated evidentiary issues, and any other matters that may assist in the preparation of the parties and the court for trial. 7. Failure to comply with this order will subject the parties to appropriate sanctions to include the assessment of costs against the delinquent party, dismissal or other relief as the court may deem appropriate. DATED: May 11, 2004 BY THE COURT: Pamela Alexander Judge of District Court Copies of this order mailed to: Michael Gordon Valerie Leone By Karla Scott Page 2 of 2 Jg L-O after processing mailbox a ` STATE OF MINNESOTA ;' ; DISTRICT COURT COUNTY OF HENNEPIN , FOURTH JUDICIAL DISTRICT The Church of St. Joseph, Plaintiff, WEEK CERTAIN ORDER FOR TRIAL vs. Case No. AP 03- 019873 City of New Hope, Defendant. The above - entitled matter is set for trial the week of November 1, 2004 in Courtroom C -1053 of the Hennepin County Government Center. Counsel shall immediately notify the Court of any disposition of the case prior to trial. To assist the Court and counsel in achieving a just, speedy and less costly determination, IT IS HEREBY ORDERED that counsel shall meet and accomplish the following ten days before the trial: 1. Exchange actual exhibits that will be offered in evidence at trial. The exhibits must be available for examination, inspection and copying by all counsel. All exhibits must be premarked by counsel in the order in which counsel anticipates they will be offered at trial (Plaintiff: Ex 1 -99; and Defendant: Ex 100 - If the parties cannot stipulate as to the receipt of any exhibit, counsel shall be prepared to specify the grounds for objections with authorities. 2. Stipulate as to all uncontested facts and matters not in controversy. 3. Exchange witness lists disclosing the names and addresses of all prospective witnesses, and briefly summarizing the testimony of each lay and expert witness. 4. To the extent applicable, furnish the Court a trial memorandum to include, but not be restricted to, disputed issues of law with authorities, requested jury instructions, proposed special verdict forms, and motions in limine with authorities. Failure to comply with the provisions of this Order may result in the imposition of sanctions to include striking of the pleadings, refusal to allow support for or opposition to certain designated claims or defenses, dismissal of the action, or entry of a default judgment. A failure to furnish instructions and/or a proposed special verdict form shall be deemed a waiver by the party as to the party's right to a trial by jury on the issue so omitted pursuant to the provisions of Rule 49.01 (a) of the Minnesota Rules of Civil Procedure. No unlisted witnesses, including impeachment witnesses, or unlisted exhibits will be allowed at trial except upon a showing of good cause, to include a showing why the witness or exhibit was not listed. Counsel should be prepared to offer evidence in a timely manner, and the Court will not grant a continuance to produce witnesses or evidence except in the most extraordinary circumstances. In the event that counsel have questions regarding the availability of witnesses at trial, depositions shall be taken for use at trial. BY CO T: Dated: Pamela Alexander Judge of District Court 2 c 91 1 ' • Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 • TELEI+Ax (763) 493 -5193 e -mail law @j ensen- sondrall.co m Date: April 5, 2004 To: Dan Donahue From: Steve Sondrall Re: St. Joseph's Assessment Appeal /District Court File No. AP03- 019873 Our File No. 99.66260 This memo is protected by the attorney /client privilege and is to be considered by the City Council at its April 5, 2004 closed meeting to consider litigation strategy for the continued prosecution of the St. Joseph's Church assessment appeal. We have assessed the Church $87,545.34 for the 36 Avenue Infrastructure Improvement project. Basically, this cost was determined by calculating the lineal foot cost for the project and multiplying the cost by the extent of the street frontage connected with the Church property. The lineal foot cost of the project is $155.65. The Church's has 562.45 feet of street frontage. ($155.65 x 562.45= $87,545.34). We have also constructed for the Church its own storm water ponding and driveway improvements at a cost to the Church currently of $44,988.80. As a compromise to its assessment appeal, the Church has offered to pay $27,190.22. This compromise is based on the fact we have also requested the Church to give the City 18,612 sq. feet of Church property for regional storm water drainage purposes unrelated to the Church's own runoff. The Church is asking the City to pay $5.66 per sq. ft. for this property or $105,343.92. We previously agreed to pay the Church $2.80 sq ft or $52,113.60. This amount would be credited toward the assessment and the Church's own cost for the City's construction of the Church's storm water pond and driveway improvements. Therefore, the Church currently owes the City the following: • $87,545.34 for the special assessment, plus • $44,988.80 for storm water ponding. • This equals $132,534.14. If we paid the Church its requested $105,343.92 land cost for the needed easement, the Church would owe the City $27,190.22. If we paid the Church $52,113.60 for the easement, they would owe us $80,420.54. Therefore, the real issue is not the assessment but the value of the easement property. The Church does not dispute the storm water pond and driveway improvement costs , but it has appealed its $87,545.34 assessment on several grounds. Attached to this memo is its attorney's November 10, 2003 letter specifying the grounds of their appeal. I disagree with his statement the assessment is an illegal tax. I believe the law is clear that the City has the ability to require tax - exempt MEMORANDUM - PAGE I property's to pay special assessments for public improvements which specially benefit tax - exempt properties. The other three points made in his are legitimate concerns which I will address in this memo. The City has the burden of proof to establish that our assessment is valid. Their attorney is correct, we will need to prove the improvements in 36 Avenue will in fact increase the value of the Church property by $87,545.34. This issue becomes problematic in that it will require the City to retain an appraiser to support this assessment. It will require the Church to retain the services of an appraiser as well. Since we are dealing with Church property in a residential zoning district, a "special use" appraisal will be necessary. The cost of such an appraisal is estimated at $5,000.00 to $7,500.00. Also, trial testimony and preparation time for the appraiser will be another 15 -20 hours of time at $150.00 to $200.00 per hour. The appraiser's trial and preparation time is estimated to cost $3,000.00 to $4,000.00. Therefore, it is not unreasonable to assume the City will spend $5,000.00 to $10,000.00 in appraisal costs to support the assessment. These costs are in addition to attorneys fees which may be as high as $10,000.00 as well. This is also assuming the appraisal establishes a special benefit to the property equaling or exceeding $87,545.34. In the event the appraisal does not establish the assessment cost, the assessment will need to be reduced accordingly. We can only assess the supportable increase to market value caused by our public improvement. I am also concerned with our policy of charging the Church a commercial rate. The Church property is zoned residential. Presumably, the highest and best use of the property, if not used as a church, would be for single family or two family residential homes or a development project much like the one on Bass Lake Road and Winnetka. If a court concluded this was the highest and best use of the property, I suspect we would be redirected by the Court to reassess the property at residential rate. Our assessment policy sets the residential rate at 2/3 of the commercial rate we have presently assessed the Church. If we used the residential rate for the Church's assessment, the cost would be $58,363.56. If we add the $44,980.80 pond and driveway costs to this figure the amount due from the Church would be $103,352.36. As mentioned, the real issue is the value of the 18,612 sq ft of drainage easement we need from the Church. We have estimated the land value of the easement area at $2.80 sq ft or $52,113.60. If we subtract this figure from $103,352.36, the likely amount of the reassessment, the Church would owe the City $51,238.76. It is my opinion the $2.80 sq ft value is more realistic for the easement value because we are taking an easement and not the entire fee. Most appraisers will value an easement, as opposed to the fee, at a reduced rate and sometimes as much as 50% of the fee. Therefore, if the land was worth $5.66 sq ft as suggested by the Church, that is the value of the fee. That could be reduced by as much as 50% or down to 2.83 sq ft. This is in line with what we have already offered. In conclusion, it's my opinion our supportable assessment number is $51,238.76. The Church only wants to pay $27,190.22. At our recent meeting with the Church, they suggested they may be willing to spit the difference between these numbers and pay $39,214.22. We will need to obtain an appraisal at a minimum cost of $5,000.00 to determine what our supportable assessment number is. I am fairly convinced the number will be closer to the $51,238.76 residential rate. Also, the value of the easement property may have a greater value than $2.80 sq ft. If the Church has sold its adjacent land at $5.66 sq ft, that sale is evidence of the Church property value. Using this value as the fee value, if we reduced the value to 75% of the fee instead of 50% the easement value would be $79,101.00. This would reduce the cost owed by the Church to $24,251.36 or less than what they are willing to pay right now. MEMORANDUM - PAGE 2 It's my opinion a reasonable settlement number would be $43,772.67. This would be 50% of our original assessment. This is supportable since a reassement may require us to lower this number to the $51,238.27 residential rate plus it increases the easement value to $59,579.69 or $3.20 sq ft. This is a reduction to 56% of the fee value based on $5.66 sq ft. It also avoids payment of what might be significant litigation and appraisal costs and keeps our assessment policy in tack. Please let me know if you need any further information from me. P AAttorney \SAS \l Client Files\2 City of New Hop6V99- 66260Aclosed meeting memo settlement.doc MEMORANDUM - PAGE 3 11:09 FAX 763 493 5193 JENSEN & SONDRALL, P.A. 4 CNH -CH 16007 B RIGGS 2200 IDS CENTER 80 SOUTH EIGHTH STREET MINNEAPOLIS. MINNESOTA MP402 TELEPHONE (612 977- &4t FACSIMILE (612; 977- t 56;t) PROFESSIONAL ASSOCIATION NVIZITER'S DIRECT DIAL (612) 977 -8678 %VRITER'S jsteUen@bn'olor s.com November 10, 2003 VIA MESSENGER Mayor Peter Enck Councilmember Sharon Cassen Councilmember Don Collier Councilmember Mary Gwin -Lenth Councilmember Steve Sommer City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 Re: Objection to 36th Avenue Street Reconstruction Assessment Mayor and City Council Members: Our law firm represents St. Joseph's Church located in New Hope. This letter is to inform you that St. Joseph's Church ( "St. Joseph's ") objects to the City of New'Hope levying a special assessment upon property owned by St. Joseph's located at 8701 36' Avenue North, New Hope, Minnesota 55427 (P1D # 19- 118 -21 -21 -0001) in the amount of $88,720.50 in connection with Project 726 -36` Avenue Street Reconstruction (the "Assessment "). St. Joseph's objects to the levying of the Assessment for several reasons including (i) the improvement for which the Assessment is being levied provides no special benefit to St. Joseph's property different from the benefits conferred on non- assessed property; a the Assessment is not being uniformly imposed on all property benefitted by the improvements to the Assessment exceeds the benefit received (the increase in market value of the assessed property resulting from the improvement) in an amount not less than $88,720.50. In addition, we understand that St. Joseph's may be the only landowner being subjected to a significant assessment and that this is due to a policy to exempt landowners which pay real estate taxes, In such event, this assessment becomes a "back door" method for causing a tax exempt entity to pay the equivalent of real estate taxes and is illegal. St. Joseph's reserves the right to include other bases for objection to the Assessment should an appeal to the district court become necessary. Wherefore, St. Joseph's respectfully requests the New Hope City Council deny the adoption and levying of the Assessment because it does not comply with Chapter 429 of the Minnesota Statutes or Minnesota case law governing the levying of such special assessments. Please enter this objection into the record for the special assessment hearing. SAINT PAUL OFFICE ■ FIRST NATIONAL BANK BUILDING • t'WW,BRIGGS.00t1 MEMBER - LEX MUNDL A GLOBAL ASSOCIATION OF INDEPENDENT LAW FIRMS JENSEN & SONDRALL, P.A. -> CNH -CH IM 008 Mayor Peter Enck Councilmember Sharon Cassen Councilmember Don Collier Councilmember Mary Gwin -Lenth Councilmember Steven Sommer City of New Hope November 10, 2003 Page 2 Should the New Hope City Council adopt the Assessment, St. Joseph's shall appeal the Assessment to the district court on the basis of the above noted reasons pursuant to Chapter 429 of the Minnesota Statutes. Very truly yours, James R. Steilen JRS /cmt cc: John Olson (via fax) Giles Kobilka (via fax and e-mail) U4 /U1 /ZUU4 11:U7 FAX 763 493 5193 JENSEN & SONDRALL, P.A. 4 CNH -CH .RESOLUTION NO. 04- RESOLUTION CALLING FOR A CLOSED MEETING OF THE NEW HOPE CITY COUNCIL AUTHORIZED BY MINN. STAT §13D.05 TO .DISCUSS LITIGATION /SETTLEMENT STRATEGY ON CHURCH OF ST. JOSEPH'S ASSESSMENT APPEAL 1 1 WHEREAS, Minn. Stat §13D.05 Subd. 3(b) authorizes and permits the New Hope City Council to hold a closed meeting to discuss City issues and information protected by the attorney- client privilege, and WHEREAS, the City of New Hope has been made a party to a lawsuit which has presently activated its right under the referenced statute to hold a closed meeting, and WHEREAS, specifically the City is a party to a lawsuit commenced by the Church of St. Joseph's pursuant to Minn. Stat Chap. 429 identified as Hennepin County District Court File No. AP03- 019873 for the purpose of appealing an $87,545.34 assessment for infrastructure improvements constructed by the City in 36' Avenue North specially benefiting the Church's property at 870136' Avenue North in New Hope, and WHEREAS, a closed meeting of the New Hope City Council is necessary to consider the acceptance or rejection of a settlement offer /proposal made by the Church, a counter offer to the Church's settlement proposal and to consider various legal strategies for the continued prosecution and defense of said action, and WHEREAS, a closed meeting is also necessary in that public disclosure of the information to be discussed at the meeting would damage the City's position in the continued litigation of this assessment appeal. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. That a closed meeting of the New Hope City Council shall be held on April 5, 2004 immediately following the adjournment of a special meeting of the New Hope City Council, or adjournment of the regular meetings of the New Hope EDA or HRA in the event said public bodies have a regularly scheduled meeting on said day, at the New Hope City Council Chambers. —1— 04/01/2004 11:08 FAX 763 4 5 193 _ JE NSEN & SONDRALL, P.A. 4 CNH -CH 14003 2. That the purpose of the meeting shall be the discussion of settlement alternatives and prosecution/defense strategies in connection with litigation of Hennepin County District Court File No. AP03- 019873, 3. That said meeting shall not be open to the public. 4. That the New Hope City Clerk is hereby directed to tape record the closed meeting and preserve the tape recording for a period of two years from the date of the meeting. 5. That the New Hope City Clerk shall prepare a written roll of the members and all other persons present at the closed meeting and make said roll available for public inspection upon adjournment of the closed meeting. Adopted by the New Hope City Council this 5` day of April, 2004. Don Collier, Mayor Attest: Valerie Leone, City Clerk P:\ATTORNEMNH RESOLIMONS199.66260 AESOLUTIONAUTHORIZING CLOSED MTG ST. JOE'S ASSESS.APPEAL.DOC —2— • o' PROFESSIONAL ASSOCIATION WRITER'S DIRECT DIAL (612) 977 -8678 WRITER'S E -MAIL November 10, 2003 VIA MESSENGER Mayor Peter Enck Councilmember Sharon Cassen Councilmember Don Collier Councilmember Mary Gwin -tenth Councilmember Steve Sommer City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 )steilen @briggs.com Re: Objection to 36th Avenue Street Reconstruction Assessment Mayor and City Council Members: Our law firm represents St. Joseph's Church located in New Hope. This letter is to inform you that St. Joseph's Church ( "St. Joseph's ") objects to the City of New Hope levying a special assessment upon property owned by St. Joseph's located at 8701 36 Avenue North, New Hope, Minnesota 55427 (PID # 19- 118 -21 -21 -0001) in the amount of $88,720.50 in connection with Project 726 -36 Avenue Street Reconstruction (the "Assessment "). St. Joseph's objects to the levying of the Assessment for several reasons including (i) the improvement for which the Assessment is being levied provides no special benefit to St. Joseph's property different from the benefits conferred on non- assessed property; (ii) the Assessment is not being uniformly imposed on all property benefitted by the improvements; (iii) the Assessment exceeds the benefit received (the increase in market value of the assessed property resulting from the improvement) in an amount not less than $88,720.50. In addition, we understand that St. Joseph's may be the only landowner being subjected to a significant assessment and that this is due to a policy to exempt landowners which pay real estate taxes. In such event, this assessment becomes a "back door" method for causing a tax exempt entity to pay the equivalent of real estate taxes and is illegal. St. Joseph's reserves the right to include other bases for objection to the Assessment should an appeal to the district court become necessary. Wherefore, St. Joseph's respectfully requests the New Hope City Council deny the adoption and levying of the Assessment because it does not comply with Chapter 429 of the Minnesota Statutes or Minnesota case law governing the levying of such special assessments. Please enter this objection into the record for the special assessment hearing. 2200 IDS CENTER 80 SOUTH EIGHTH STREET MINNEAPOLIS. MINNESOTA 55402 TELEPHONE (612) 977 -8400 FACSIMILE (612) 977 -8650 SAINT PAUL. OFFICE a FIRST NATIONAL BANK BUILDING m VXrAXV. BRIGGS. COM MEMBER - LEX MUNDL A GLOBAL ASSOCIATION OF INDEPENDENT LAW FIRMS i i • Mayor Peter Enck Councilmember Sharon Cassen Councilmember Don Collier Councilmember Mary Gwin -tenth Councilmember Steven Sommer City of New Hope November 10, 2003 Page 2 Should the New Hope City Council adopt the Assessment, St. Joseph's shall appeal the Assessment to the district court on the basis of the above noted reasons pursuant to Chapter 429 of the Minnesota Statutes. Very truly yours, James R. Steilen JRS /cmt cc: John Olson (via fax) Giles Kobilka (via fax and e -mail)