HomeMy WebLinkAboutContract No. 2013 2506 4013-
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Element Materials Technology P 651 645 3601
i element„ 662 Cromwell Avenue F 651 659 7348
St Paul,MN T 888 786 7555
55114-1720 USA info.stpaul@element.com
element.com
Quotation
Ms. Kathy Young Date 4/30/2013
City of Columbia Heights Number ESP0034334Q/0
Public Works Department Valid until 6/29/2013
637 38th Avenue NE Subject Materials Testing for 2013
Concrete Street Rehabilitation
COLUMBIA HEIGHTS, MN 55421 Project(City Project No. 1302,
UNITED STATES SAP 113-050-012)
P 763 706 3704 Submitted by Kevin Beck
kathy.young @ci.columbia-heights.mn.us
Thank you for the opportunity. Following is our proposal for City Project Number 1302, S.A.P. 113-050-012.
Project Description:
Concrete pavement rehabilitation of 1.95 miles of residentail street with the estimated quantities derived from
Request for Proposal and following SALT Schedule of Materials Control and Minnesota Concrete
Specifications.
Gradation (dy) 1.00 Ea @ 77.00 : 77.00
Dynamic Cone Penetrometer Test (dy) 2.00 Ea @ 12.00 : 24.00
Concrete Cylinder Compression -Set of 3 (dy) 1.00 Set @ 62.00 : 62.00
Extraction and Gradation (dy) 2.00 Ea @ 225.00 : 450.00
Gyratory Properties (dy) 2.00 Ea @ 383.00 : 766.00
Concrete Beams;Set of 3 (dy) 2.00 Ea @ 95.50 : 191.00
Mobilization 190.50
Assuming three(3) hours per trip at$57.50/hr with $18.00 trip charge
Project Engineer(tot) 3.00 Hours @ 100.00 : 300.00
Report Preparation (tot) 3.00 Hours @ 56.00 : 168.00
Project Estimated Total
Based on quantities and investment estimates for road rehabilitation projects with simlar
scope, we estimate your total investment for testing and inpections to be:
Total 4,379.00
All prices in: U.S. Dollars
City of Columbia Heights ESP0034334Q/0 Page 1/ 10
elemerif
Sincerely,
Kevin Beck
Inside Sales Representative
Phone: 651 659 7545
Email: kevin.beck @element.com
CONDITIONS AND VALIDITY:The only applicable terms and conditions on this quote are the GENERAL TERMS AND CONDITIONS OF SALE AND
PERFORMANCE OF TESTING SERVICES BY ELEMENT MATERIALS TECHNOLOGY,a North Carolina business corporation("ELEMENT')dated 12/02/2011.
In no event shall Element Materials Technology,be liable for any consequential,special,or indirect loss or any damages above the cost of the work.PAYMENT
TERMS:PREPAYMENT FOR FEES GREATER THAN$500. BALANCE DUE UPON DELIVERY OF REPORT. A LATE PAYMENT FINANCE CHARGE WILL
BE APPLIED AT THE PERIODIC RATE OF 1.5%PER MONTH FOR THE MAXIMUM ALLOWED BY LAW ON ANY BALANCE REMAINING UNPAID 5 DAYS
AFTER THE DATE OF THE INVOICE,PLUS REASONABLE COLLECTION COSTS AND ANY APPLICABLE LEGAL OR COURT FEES.
City of Columbia Heights ESP0034334Q/0 Page 2/ 10
@element"
-QUOTATION ACCEPTANCE -
I accept the scope of the project in addition to the costs and terms and conditions as provided in the quotation.
Walter Fehst
NAME D IX-
PRINT .
SIGNATURE
City Manager 763-706-3600
TITLE PHONE
PURCHASE ORDER NUMBER:
City of Columbia Heights ESP0034334Q/0 Page 3/ 10
element
Request for Information about Export Control Classification
Commodity Jurisdiction and Classification Determination
Subject : International Traffic in Arms Regulations(ITAR)
Export Administration Regulations(EAR)
Dear Sir or Madam:
We are requesting that you complete the form on the following page so that we can determine the U.S. export
control commodity jurisdiction and classification of the work we perform for you. Commodity jurisdiction relates to
whether the work we perform falls under the U.S. Department of State's International Traffic in Arms Regulations
("ITAR") or the U.S. Department of Commerce's Export Administration Regulations ("EAR"). Commodity
classification relates to whether a particular good or service may fall on the U.S. Munitions List in the ITAR or the
Commerce Control List in the EAR. Please note that we need this information even if you have no intention of
exporting your product. Among other things, the ITAR and EAR control even the potential access by foreign
persons while they are in the United States to U.S. export-controlled goods, technical data, technical assistance,
and technology. This includes foreign persons that we may employ or have visiting our facility. We therefore need
to determine the commodity jurisdiction and classification of the work we perform to guard against unauthorized
access by such foreign persons to the items we are testing, as well as the resulting test data and reports.
Please complete the checklist at your earliest convenience and return it to us by fax at 651 659 7348 or email
mark.eggers @element.com. Please understand that in some instances, we may not be able to hold technical
discussions, provide a quotation, accept your order, or perform any work until you have returned the attached
questionnaire.
If you should have any questions or need further information, please feel free to contact me at 651 645 3601.
Regards,
Thomas Driggers
General Manager
P 651 659 7333
F 651 659 7348
thomas.driggers @element.com
City of Columbia Heights ESP0034334Q/0 Page 4/ 10
element°
------------------------------------------
Export Compliance Questionnaire
------------------------------------------
We ask you to provide the following information regarding each article for which you are requesting testing or
other services from our Company.
Customer Name:
Customer Address:
Contract/Purchase Order No.:
Description of the Article:
Type/Part Number:
System or Subsystem into which the article will be incorporated
(please be as specific as possible—e.g. optical filter for remote sensing satellite):
Country of Ultimate Destination:
Ultimate End-User:
Is the product or any of its components subject to US export regulations?
EAR(Export Administration Regulations) : Yes No
If yes, please indicate ECCN-No.:
[TAR(International Traffic in Arms Regulations): Yes No
If yes, please indicate USML-Cat. No.:
Has the part been specifically designed or modified, adapted or used for chemical-biological weapons, nuclear or
missile end-use?
Yes No
Has the Y been specifically fi designed or modified for a military or space application?
Yes
City of Columbia Heights ESP0034334Q/0 Page 5/ 10
Ir element„
Please provide copies of any commodity jurisdiction determination from the U.S. Department of State or any
commodity classification determinations from the U.S. Department of Commerce applicable to the part.
I hereby certify that the information provided herein is accurate and complete, and undertake to inform Element
Materials Technology immediately of any subsequent change(s)thereto.
Signature:
Date:
Name and Title:
--------Below this line for Element use only----------------------------------------
Signature:
ECO Acceptance: Date
Justification:
ITAR AND EAR CONTROL LISTS BY MAJOR CATEGORIES
EAR(ECCN)
City of Columbia Heights ESP0034334Q/0 Page 6/ 10
@element"
COMMERCE CONTROL LIST(CCL): Export Administration Regulations (EAR), Link to the Bureau of Industry
and Security
• Category 0 Nuclear Materials, Facilities & Equipment(and Miscellaneous Items)
• Category 1 Materials, Chemicals, Microorganisms, and Toxins
• Category 2 Materials Processing
• Category 3 Electronics Design, Development and Production
• Category 4 Computers*
• Category 5 (Part 1)—Telecommunications (Part 2) - Information Security*
• Category 6 Sensors and Lasers
• Category 7 Navigation and Avionics
• Category 8 Marine
• Category 9 Propulsion Systems, Space Vehicles and Related Equipment
* Controls generally apply to high performance computers with an Adjusted Peak Performance (APP)of.75 WT
(Weighted TeraFLOPS)and encryption software. U.S. MUNITIONS LIST(USML): International Traffic in Arms
Regulations(ITAR), Link to the United States Munitions List(USML)
ITAR(USML)
• Category I: Firearms, Close Assault Weapons and Combat Shotguns
• Category II: Guns and Armament
• Category III: Ammunition/Ordnance
• Category IV Launch Vehicles, Guided Missiles, Ballistic Missiles, Rockets, Torpedoes, Bombs and Mines
• Category V Explosives and Energetic Materials, Propellants, Incendiary Agents and Their Constituents
• Category VI Vessels of War and Special Naval Equipment
• Category VII Tanks and Military Vehicles
• Category VIII Aircraft and Associated Equipment
• Category IX Military Training Equipment
• Category X Protective Personnel Equipment
• Category XI Military Electronics
• Category XII Fire Control, Range Finder, Optical and Guidance and Control Equipment
• Category XII Auxiliary Military Equipment
• Category XIV Toxicological Agents, Including Chemical Agents, Biological Agents, and Associated Equipment
• Category XV Spacecraft Systems and Associated Equipment
• Category XVI Nuclear Weapons, Design and Testing Related Items
• Category XVII Classified Articles, Technical Data and Defense Services Not Otherwise Enumerated
• Category XVIII Directed Energy Weapons
• Category XX Submersible Vessels, Oceanographic and Associated Equipment
City of Columbia Heights ESP0034334Q/0 Page 7/ 10
element
GENERAL TERMS AND CONDITIONS OF SALE AND PERFORMANCE OF TESTING SERVICES BY ELEMENT MATERIAL
TECHNOLOGY HOLDING USA INC.AND U.S.SUBSIDIARIES-MAY 1,2012
1.Application;Formation of Contract.These General Terms and Conditions of Sale and Performance of Testing Services(the"Terms and
Conditions")shall apply to all acts in respect of the purchase and sale of testing and other services(the'Work")pursuant to any contract(a
"Contract")to which these Terms and Conditions are made applicable.As used in these Terms and Conditions,"ELEMENT"means either
Element Material Technology Holding USA,Inc.or the applicable subsidiary of Element Material Technology Holding USA,Inc.providing the
Work;and"Customer"means the party purchasing the Work from ELEMENT.The submission by a Customer of any sample to ELEMENT for
testing or similar services shall,upon acceptance of such sample by ELEMENT for such services,constitute an express Contract to which
these Terms and Conditions apply.All orders for Work are subject to ELEMENT's approval and acceptance.
2.Modification and Waiver;Other Terms.No provision in these Terms and Conditions may be varied or waived except by a writing specifically
describing such variance or waiver signed by an officer of ELEMENT.ELEMENT's acceptance or acknowledgement,even if in writing and
signed by ELEMENT,of Customer's purchase order or any other document pertaining to the Work shall not be deemed an acceptance of any
provision of Customer's purchase order or any other document that conflicts with or adds to these terms and conditions,absent a separate
agreement in writing signed by ELEMENT expressly acknowledging and agreeing to such provisions.IT IS EXPRESSLY UNDERSTOOD
AND AGREED THAT IN THE EVENT TERMS AND CONDITIONS SET FORTH IN ANY ORDER FORM,PURCHASE REQUEST OR
CONFIRMATION PROVIDED BY CUSTOMER ADD TO OR CONFLICT WITH THESE TERMS AND CONDITIONS,THESE TERMS AND
CONDITIONS SHALL PREVAIL AND GOVERN.ELEMENT'S ACCEPTANCE OF A CONTRACT TO PERFORM WORK IS EXPRESSLY
CONDITIONAL ON CUSTOMER'S AGREEMENT AND ASSENT TO THESE TERMS AND CONDITIONS.
3.Prices for the Work;Payment.Prices quoted by ELEMENT for the Work are solely for the performance of the Work and do not include
freight,insurance,inspection or packaging charges,warehousing or storage costs,or any sales,use,excise,customs duties,or other taxes or
fees("Costs").Unless ELEMENT expressly agrees in writing to pay such Costs,all such Costs are to be paid by Customer and any Costs paid
by ELEMENT shall promptly be reimbursed by Customer.A minimum charge of$35.00 applies to each sample submitted unless a blanket
purchase order specifying different pricing has been submitted and accepted.Written and oral quotations are subject to withdrawal by
ELEMENT by notice at any time,and,in any event,shall be valid only for thirty(30)days from the date thereof.
Payment is due in cash as specified in ELEMENT's quotation,proposal or order confirmation and,unless otherwise expressly agreed to in
writing by ELEMENT,payment is due in U.S.dollars only.If not specified therein,payment is due in cash upon completion of the Work;
provided,however,that if the Contract involves a series of tests or other events of partial performance,ELEMENT may invoice,and Customer
shall pay for,each such test or part on a pro rata basis. If performance is delayed by Customer or other causes beyond ELEMENT's
reasonable control,ELEMENT may submit invoices,and payment shall become due,as if the Work had been completed as scheduled.If such
delay is caused by Customer,Customer shall additionally pay all reasonable warehousing and other expenses and Costs of ELEMENT
incident to such delay in shipment.
The net amount for services performed pursuant to these Terms and Conditions shall be due in full,without discount,within thirty(30)days of
invoice,unless otherwise stated.If payment in full is not made when due,interest shall accrue on the unpaid balance at the lesser of(1)the
rate of 1'/s%per month(18%per annum)or(ii)the maximum rate permitted under applicable law.Customer agrees to pay reasonable
attorneys'fees incurred by ELEMENT in the collection of past due invoices and account balances.
If ELEMENT at any time determines in its sole judgment that there are reasonable grounds for insecurity with respect to Customer's payment
for the Work or any other obligation of Customer set forth in the Contract or in these Terms and Conditions,ELEMENT may require adequate
assurance of due payment or other performance,such as payment in cash or satisfactory security,and until ELEMENT receives such
assurance,ELEMENT may suspend any performance for which it has not already received payment.
4.Completion of Work;Limited Warranty.ELEMENT warrants that it will complete the Work in a satisfactory and workmanlike manner
consistent with industry standards.ELEMENT will exercise commercially reasonable efforts to complete the Work and provide a report thereon
by any date reasonably requested in writing by Customer,but shall not be liable for any delay in the performance of projects or in the delivery
or shipment of goods,or for any damages suffered by the client by reason of such delay.ELEMENT's performance of any and all Work is
subject to ELEMENT's current facility schedules,governmental priorities,and other government regulations,purchase orders,directions,and
restrictions that may be in effect from time to time.
EXCEPT AS EXPLICITLY SET FORTH IN THIS PARAGRAPH 4,ELEMENT MAKES NO OTHER WARRANTY,WHETHER EXPRESS,
IMPLIED OR STATUTORY,AND ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED.
ELEMENT's warranty shall not apply to any portion of the Work performed by a party other than ELEMENT except to the extent that any such
third party has warranted such performance to ELEMENT and is liable to ELEMENT under such warranty.
No employee,agent or other person is authorized to give any warranties on behalf of ELEMENT in addition to or different from those herein
given,or to assume for ELEMENT any other liability in connection with the Work except in a writing which is signed by an authorized officer of
ELEMENT,which expressly gives such warranties or assumes such liability,and which is made part of the Contract pursuant to paragraphs 1
and 2 above.
City of Columbia Heights ESP00343340/0 Page 8/ 10
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5.Customer's Property.Whenever ELEMENT is provided in writing detailed instructions as to the treatment and handling of Customer's
property,ELEMENT will exercise commercially reasonable efforts to comply with such instructions.Type of material,tolerances and
specifications for processing shall be declared in writing by Customer prior to ELEMENT's commencing any Work or shall be deemed not to
have been known by ELEMENT.
Testing services supplied by ELEMENT are generally considered to be destructive.Under special conditions,some testing may be performed
without destroying samples.However,by submitting components or samples to ELEMENT,Customer expressly agrees that all material
submitted may be destroyed.ELEMENT will not be responsible for any costs or losses resulting from destruction of Customer's property
submitted to ELEMENT unless both the written Contract and Customer's property are clearly marked"Do Not Destroy."If the Contract and
Customer's property are not so marked,ELEMENT shall have no liability for damage to Customers property.If the Contract and Customer's
property are so marked,ELEMENT's liability for damage to Customers property is limited to the lesser of(i)the value of Customer's property
or(ii)the cost of the Work performed on the damaged property pursuant to the Contract.Under no conditions will ELEMENT be responsible
for any additional costs or damages,including consequential damages and indirect costs or losses,resulting from destruction of Customer's
property. By submitting property to ELEMENT,Customer acknowledges and agrees to these limitations and acknowledges and agrees that
ELEMENT bases its price for the performance of Work on the existence and enforceability of such limitations.
6.Shipping.ELEMENT will at Customers reasonable request act as a shipping agent for the return of Customer's property after performing
the Work.As Customer's agent,ELEMENT will contract for common carrier delivery as requested in writing by Customer. Under no conditions
will ELEMENT have any liability for any item so shipped.Insurance will be purchased for common carrier shipping only when requested in
writing by Customer and when declared value is indicated,and the failure of ELEMENT to purchase insurance shall not result in any liability on
the part of ELEMENT.Customer may be billed directly by commercial carriers for freight and Customer shall make all claims for property
damaged in transit directly and solely against such freight carriers.
7.Title;Security Agreement.Title to Customer's property and all risk of loss or damage to such property shall remain with Customer at all
times.Customer hereby grants to ELEMENT a security interest in all of Customer's property provided to ELEMENT for testing or other
services under the Contract to secure the payment of the purchase price for the Work and other fees or charges due ELEMENT hereunder.
Customer will not be entitled to the return of its property,and after such return shall not be entitled to transfer or encumber the property upon
which Work is performed,until all sums due and owing to ELEMENT have been paid.Customer shall execute and deliver any financing
statements or other documents that ELEMENT reasonably requests for the perfection of ELEMENT's security interest in Customer's property
and Customer shall do all other acts necessary for the perfection and preservation of this security interest.
8.Customer's Remedies.The sole and exclusive remedy of Customer and its customers,agents and other affiliates in respect of any claim
against ELEMENT based on or relating to any claimed defect in the Work or otherwise relating to the Work,the Contract,or these Terms and
Conditions,whether such claim is based upon contract,tort,professional errors or omissions,strict liability or negligence,and whether such
claim is for property damage,personal injury,commercial loss or other monetary loss,shall be(i)upon the return,restoration,or replacement
by Customer of Customer's property upon which the Work was performed,the re-performance of any defective portion of the Work,or(ii)at
ELEMENT's option,a refund or credit to Customer in the amount of the price paid for the defective portion of the Work Customer's remedies
hereunder shall only be available if(i)ELEMENT has been paid in full for the Work pursuant to paragraph 3 above;(ii)ELEMENT is notified in
detail,in writing,of the claimed defect or other claim within twenty days of Customer's discovery thereof and within ninety days after the
completion of the Work;and(iii)ELEMENT is permitted to inspect any and all property with respect to which the Work is claimed to have been
defective or to which Customer's claim otherwise relates.
9.Cancellations.A purchase order or other Contract for Work once placed with and accepted by ELEMENT can be cancelled,in whole or in
part,only with the written consent of ELEMENT.If Customer cancels without ELEMENT's consent,Customer shall be liable for the full price of
the Work,less any actual third party expenses saved by ELEMENT in not having to perform the Work,as reasonably determined by
ELEMENT in its sole discretion.
10.Court and Other Proceedings.The nature of ELEMENT's services will,from time to time,require employees of ELEMENT to present the
results of ELEMENT's findings in depositions,court proceedings or other forums. In such cases,the Customer will be charged,in addition to
the agreed upon price for the Work,ELEMENT's usual and customary costs and fees for such presentations and the preparation thereof
according to ELEMENT's then-current fee schedule.If ELEMENT is subpoenaed by a party other than Customer,the total costs and fees
associated with the preparation and testimony will be charged to the Customer,irrespective of whether payment has previously been made on
the Work and Customer's file is closed.ELEMENT will at Customer's written request attempt to have these costs and fees reimbursed by the
party issuing the subpoena;however,if such party does not reimburse ELEMENT,such costs and fees will be the responsibility of Customer.
Customer agrees to pay any such costs and fees,irrespective of whether it is anticipated at the time of the Contract that ELEMENT will be
called upon to present the results of its findings in depositions,court proceedings or other forums.
11.Force Majeure.The parties hereto shall be excused from the duty to render timely performance of any obligation hereunder if such inability
to perform is caused directly or indirectly by act of God,flood,war,riot,accident,explosion,strikes or labor trouble,act of government,delay
or default by subcontractor or supplier of materials or services,the existence of any circumstance making performance commercially
impracticable or any other cause beyond the party's reasonable control;provided,however,that the obligation to make payments due under
this agreement shall not be excused for any reason,including the foregoing.
12.Limitation on Liability.EXCEPT AS SPECIFICALLY SET FORTH IN SECTION 8, ELEMENT SHALL NOT BE LIABLE FOR ANY LOSS
City of Columbia Heights ESP0034334Q/0 Page 9/ 10
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OR DAMAGE DIRECTLY OR INDIRECTLY ARISING FROM ITS PERFORMANCE OF THE WORK,INCLUDING WITHOUT LIMITATION
ANY DAMAGE TO CUSTOMER'S PROPERTY.ELEMENT SHALL IN NO EVENT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING
FROM THE USE OF PROPERTY UPON WHICH THE WORK IS PERFORMED OR ANY SIMILAR PROPERTY OR FOR ANY SPECIAL,
INCIDENTAL,PUNITIVE,EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER.IN NO EVENT SHALL ELEMENT BE LIABLE
FOR ANY DAMAGES ABOVE THE COST OF THE WORK,WHETHER SUCH DAMAGES SHALL ARISE FROM BREACH OF THIS
CONTRACT,OR IN TORT,OR OTHERWISE.
13.Waiver of Compliance.Waiver by either party hereto of a breach by the other party of any of the provisions of these terms and conditions
shall not be deemed a waiver of future compliance therewith,and such provisions shall remain in full force and effect.
14.Severability.If any provision or remedy herein provided for be invalid under any applicable law,the remaining provisions hereof,including
remaining default remedies,shall be given effect in accordance with the intent hereof.
15.Governing Law.This agreement shall be governed by and construed under the laws of the State of North Carolina and the United States
of America.
16.Arbitration.Any controversy or claim arising out of or relating to this agreement,or any breach thereof,shall be settled by arbitration in
accordance with the Commercial Arbitration Rules of the American Arbitration Association,and judgment upon the award rendered by the
Arbitrator(s)may be entered in any court having jurisdiction thereof.The situs of said arbitration shall be Charlotte,North Carolina.Any
demand for arbitration by either party hereunder must be delivered in writing to the other party.
17.Export Control Laws and Regulations.All parties shall comply with all export control laws and regulations(including,but not limited to,the
U.S.Export Administration Regulations and the U.S.International Traffic in Arms Regulations)to the extent applicable to the Parties'
respective activities under this Agreement.The Receiving Party shall control access to any technical data disclosed under this Agreement in
accordance with all U.S.export laws and regulations including,without limitation,confining the disclosure of any such technical data to U.S.
persons unless disclosure to foreign persons is specifically authorized and appropriately licensed by the proper U.S.government agency.The
Receiving Parry shall limit dissemination of technical data to its employees who have a need to know as it relates to the Purpose of this
Agreement and who have agreed to abide by the Export Control provisions contained herein,and who are U.S.citizens or permanent resident
Aliens(or who are otherwise authorized to receive such Information pursuant to this Agreement and U.S.Export Laws).The Receiving Party
shall exercise the same care to protect any and all technical data embodying or setting forth all or part of the technical data as it uses to
protect its own technical data,but in no case less than reasonable care to assure proper control and security of such information and
documentation.
City of Columbia Heights ESP0034334Q/0 Page 101 10
STATE OF.MINNESOTA )
Project Name:
COUNTY OF ANOKA )SS.
Street Rehabilitation Project
CITY OF COLUMBIA HEIGHTS ) Number 1302
1, the undersigned, being the duly qualified and acting City Clerk of the City of Columbia Heights,
Minnesota (the "City"), hereby certify that I have carefully compared the attached and foregoing
proceedings regarding the local improvement project designated above with the originals thereof on file in
my office and the same are full, true and complete copies thereof insofar as they relate to the issuance and
sale of the City's General Obligation Improvement and Utility Revenue Bonds, Series 2013A.
WITNESS My hand officially as such City Clerk and the corporate seal of the City this day of
2013.
City Y er
City otColumbia Heights,Minnesota
-A
432259v1 EGG CL162-49
RESOLUTION 2012-135
BEING A RESOLUTION ORDERING PREPARATION OF A REPORT
FOR THE ZONE 3 CONCRETE STREET REHABILITATION PROGRAM
CITY PROJECT NO. 1302
WHEREAS, the City Council of Columbia Heights is proposing to rehabilitate local streets in
Zone 3 that have not been rehabilitated under the street program.
WHEREAS, the City Council intends to assess the benefitted property for all or a portion of the
cost of the improvement, pursuant to Minnesota Statutes, Section 429.011 to 429.111 (Laws
1953, Chapter 398, as amended), and Section 10313.201 to 103B.251, as follows:
1302 ZONE 3 STREET REHABILITATION PROGRAM
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA
HEIGHTS, MINNESOTA that the proposed improvements be referred to Mr. Kevin Hansen,
City Engineer, for study and that he is instructed to report to the Council with all convenient
speed advising the Council in a preliminary way as to whether the proposed improvements are
necessary, cost effective, and feasible and as to whether it should best be made as proposed or in
connection with some other improvement, the estimated cost of the improvement as
recommended and a description of the methodology used to calculate individual assessments for
affected parcels.
Passed this 22nd day of October, 2012
Offered by: Diehm CITY OF COLUMBIA HEIGHTS
Seconded by: Williams
Roll Call: All ayes; motion carried
Mayor Gary L. Peterson
l
Tori L o ardt, City Clerk/Council Secretary
uffy of Columbia Heights
FEASIBILITY REPORT
FOR
2013 STREET REHABILITATION
IMPROVEMENTS:
CONCRETE STREETS
CITY PROJECT 1302
FEBRUARY, 2013
ENGINEERING DEPARTMENT
63738 th Avenue NE, Columbia Heights, MN 55421
763-706-3 700 ❖ 763-706-3 701 (Fax)
STREET REHABILITATION IMPROVEMENTS
COLUMBIA HEIGHTS, MINNESOTA
CONCRETE STREETS
PROJECT NUMBER 1302
LOCATION: CONCRETE STREET AREA BOUNDED BY
SOUTH PLAT BOUNDARY OF INNSBRUCK PARKWAY 3RD ADDITION
TO NORTH CORPORATE LIMIT FROM JOHNSON STREET/PIERCE
TERRACE TO STINSON BLVD
This feasibility study includes an analysis of proposed concrete street
rehabilitation within the Innsbruck 3rd Addition plat.
IMPROVEMENTS: Concrete Street Rehabilitation—
Work will include the following rehabilitation methods:
• full and partial panel replacement,
• full and partial depth joint and crack repairs,
• full and partial depth spot repairs,
• routing and sealing untreated cracks, and
• cleaning and resealing joints and cracks.
In addition, full and partial concrete panels surrounding sanitary manholes will be
replaced with full depth bituminous.
Utility Construction—
Sanitary sewer replacements/repairs as required to maintain the collection system.
Storm sewer replacements/repairs as required to maintain the collection system.
INITIATION: City Council following the guidelines in the State Aid Concrete Pavement
Rehabilitation Best Practices Manual (2006) and updates.
OWNERS Concrete Street Rehabilitation
ABUTTING 1. Innsbruck Parkway Johnson St to Stinson Blvd (45)
OR 2. Innsbruck Parkway West Innsbruck Pkwy to Innsbruck Pkwy (15)
IMPACTED: 3. Innsbruck Circle West West of Innsbruck Pkwy West ( 6)
4. Matterhorn Drive Pierce Terrace to Corporate Limit ( 5)
5. Rainier Pass Innsbruck Pkwy to Corporate Limit (11)
6. Saint Moritz Drive Innsbruck Pkwy to Corporate Limit ( 9)
7. Argonne Drive Innsbruck Pkwy to Stinson Blvd (29)
8. Pennine Pass South Plat Boundary to Argonne Dr (12)
9. Saint Imer Drive Argonne Dr to Corporate Limit ( 2)
10. Chalet Drive Pennine Pass to Stinson Blvd (13)
11. Stinson Blvd South Plat Boundary to Argonne Dr (13)
2
ISSUES: The following is a study of the key project issues.
Street Rehabilitation
The proposed rehabilitation work will take place within the back of curbs. It is
staff's opinion that the proposed rehabilitation will extend the life of the concrete
streets for 15 to 20 years or more,before full reconstruction will be needed.
Braun Intertec evaluated the pavements and developed a condition index. On a
scale of 1 to 10, with 10 being a new pavement, the concrete streets ranged from 4
to 6, or in fair condition overall. Four concrete cores taken near the center of
panels were found to be in good condition. Of the 6 concrete cores taken at the
joints, 5 were found to be severely deteriorated and only 1 was found to be in
good condition. This suggests the concrete streets are beginning to deteriorate at
an accelerated pace.
The limitation of the work as proposed is that ride quality will only be marginally
improved. Also,pockets of standing water will occur at locations where a street
panel has settled below the elevation of the gutters along the edge of the streets.
Utilities
No major water main, sanitary sewer or storm sewer replacement is proposed in
this area. For the sanitary sewer and storm sewer systems, staff is proposing to
replace castings and deteriorated concrete rings supporting the castings. The
existing structures are in good condition.
FEASIBILITY: The proposed improvement project is necessary to provide consistency with the
street rehabilitation policy, cost-effective with the inclusion of partial city
funding, and technically feasible as prescribed in the construction
recommendations found elsewhere in this report. The project and project
elements should be implemented as proposed in this study. The improvements,
once completed, will provide a benefit to the properties served.
SCHEDULE: Construction is scheduled to begin in late spring of 2013, with substantial
completion occurring in the summer of 2013.
Council receives Feasibility Report and orders Public Improvement Hearing Feb 11,2013
Public Informational meeting prior to Public Improvement Hearing Feb 26,2013
Public Improvement Hearing and Council orders Public Improvement Project March 4,2013
Council Approves Plans and Specifications,Authorizes Advertisement for Bids March 11,2013
Bid Opening April 11,2013
Council Awards Contract April 22,2013
Begin Construction May 20,2013
Construction Completed August 30,2013
FINANCING: Financing would be a combination of assessments to benefitted properties,
infrastructure fund including Municipal State Aid funds (population
apportionment), and utility funds.
3
The estimated construction costs for each option are as follows:
Proposed Infrastructure Other
Type of Construction Assessments Fund Revenue
Street Rehabilitation $352,100 $150,900 $139,350
Engineering and Administration $ 64,230
The assessments reflect a flat fee of 10% of the construction cost included in the
amount to assess for a portion of the Engineering and Administration costs.
Percentages proposed to be assessed for street rehabilitation are consistent with
the policy for partial reconstruction followed under each of the prior street
rehabilitation zones.
Utility work performed as part of the Concrete Street Rehabilitation project will
be paid for from the appropriate utility fund.
ASSESSMENT: Assessments will be in accordance with the City's Street Rehabilitation Ordinance
and past practice. Assessments can be based on a per foot basis or a parcel basis.
Following the Zone 3 assessment policies, assessments would be on a Street
parcel basis. This assumes that all parcels benefit equally for the strategy in front
of their property.
4
2013 IMPROVEMENT PROGRAM
COLUMBIA HEIGHTS,MINNESOTA
ESTIMATED ASSESSMENTS - PROJECT NO. 1302
CONCRETE STREET REHABILITATION PROGRAM
(Section 25,T30N,R24W)
I. REHABILITATION
Estimated Cost: $ 642,320
Assessable Construction Cost: $ 352,090.
Estimated Assessed Cost per Parcel
Residential Street: $ 2,817.
5
RESOLUTION 2013-17
BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR CONCRETE
STREET REHABILITATION AND ORDERING THE PUBLIC IMPROVEMENT HEARING,
CITY PROJECT NO. 1302
WHEREAS, the concrete streets within the Innsbruck 3rd Addition plat are beginning to display
signs of deterioration, especially at the joints, and
WHEREAS, pursuant to Resolution No. 2012-135, a report has been prepared by the City
Engineer with reference to the Concrete Street Rehabilitation, and
WHEREAS, this area is generally described as Johnson Street/Pierce Terrace on the west,
Stinson Boulevard on the east, Corporate Limit on the north and the Plat Boundary for Innsbruck
3rd Addition on the south, and
WHEREAS, the report provides information regarding whether the proposed project is feasible,
necessary and cost-effective, and
Said report is hereby received by the City Council of Columbia Heights on February 11, 2013.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA
HEIGHTS, MINNESOTA
1. The Council will consider the improvement of such streets in accordance with the report
and the assessment of abutting or benefited property for all or a portion of the cost of the
improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of
the improvement of$642,318.00.
2. A public hearing shall be held on such proposed improvement on the 4th day of March,
2013, in the City Council Chamber at 590 40'b Avenue N.E. at 6:30 P.M. and the City
Clerk shall give mailed and published notice of such hearing and improvement as
required by law.
Passed this 11th day of February, 2013.
Offered by: Diehm CITY OF COLUMBIA EIG TS
Seconded by: Williams
Roll Call: All ayes All
Mayor ry L. Peterson
r`
c ri qJnbardt
Ci lerk/Council Secretary
City of Columbia Heights 25-30-24-12-0069 said improvements,or served by
25-30-24-12-0070 said improvements. The parcels
(Official Publication) 25-30-24-12-0071 and areas, as specially described
CITY OF COLUMBIA HEIGHTS 25-30-24-12-0072 herein,are subject to said special
NOTICE FOR PUBLIC 25-30-24-12-0073 assessments unless otherwise
IMPROVEMENT HEARING 25-30-24-12-0074 noted. The parcel numbers repre-
Notice is hereby given that the City 2 sent the t To ar l identification
x parcel
tion
M E D 1 5-30-24-13-0005 A Council of Columbia Heights has
determined the following Public 25-30-24-13-0006 number,check 25-30-24-13-0007 statement. your real estate tax
Improvement Hearing be held on 0008 13
24
30- - -
25-
AFFIDAVIT OF PUBLICATION Monday, March 4, 2013, at 6:45 The total estimated cost of the
p.m, in the City Council Chamber, 25-30-24-13-0009 above listed improvements is
STATE OF MINNESOTA 590 40th Avenue N.E.,to consider: 25-30-24-13-0010
25-30-24-13-0011 head 2D. Persons desiring to be
posed improvements will heard
)ss. 2013 CONCRETE STREET 25-30-24-13-0012 the
COUNTY OF HENNEPIN ) REHABILITATION PROGRAM 25-30-24-13-0013 at said time and place it the public
CITY PROJECT 1302 25-30-24-13-0014 hearing. Written or oral objections
Richard Hendrickson, being duly sworn on CONCRETE STREET 25-30-24-13-0015 will be considered at the public
an oath, states or affirms that he is the Chief REHABILITATION 25-30-24-13-0016 hearing.
P.I.R.2013-Z3-03-001 25-30-24-13-0017
Financial Officer of the newspaper known as The proposed street width remains 25-30-24-13-0018 The City of Columbia Heights does
Columbia Heights/Fridley Sun-Focus the same. Work includes required 25-30-24-13-0019 not discriminate on the basis of dis-
--------- --- ------- ----------- utility reconstruction, new aggre- 25-30-24-13-0020 ability in the admission or access
------ — gate base if needed, spot replace- 25-30-24-13-0021 to, or treatment or employment in,
and has full knowledge of the facts stated ment of curb,full and partial depth 25-30-24-13-0022 its services,programs,or activities.
below: concrete panel replacement, full 25-30-24-13-0023 Upon request,accommodation will
A The newspaper has com lied with all of
and pa)ial depth joint and crack 25-30-24-13-0024 be provided to allow individuals
(A) P repairs, joint and crack sealing,full 25-30-24-13-0025 with disabilities to participate in all
the requirements constituting qualifica- depth bituminous repairs, sod 25-30-24-13-0026 City of Columbia Heights'services,
tion as a qualified newspaper as provided restoration, miscellaneous con- 25-30-24-13-0027 programs and activities. Auxiliary
struction items,and appurtenances 25-30-24-13-0028 aids for handicapped persons are
by Minn. Slat. §331A.02, §331A.07, and in the following generally described 25-30-24-13-0029 available upon request when the
other applicable laws as amended. area: 25-30-24-13-0030 request is made at least 96 hours in
(B)The printed public notice that is attached concrete Streets in Innsbruck 3rd 25-30-24-13-0031 advance. Please call the City
was published in the newspaper once Addition plat 25-30-24-13-0032 Council Secretary at 763-706-3611
25-30-24-13-0033 to make arrangements. (TDD/763-
each week, for two Successive Argonne Drive 25-30-24-13-0034 706-3692 for deaf only.)
week(s); it Was first published on Chalet Drive 25-30-24-13-0035 CITY MANAGER CITY OF COLUMBIA HEIGHTS
Thursday, the 21 day of Februa Innsbruck Circle West 25-30-24-13-0036 T,
Y Y ry Innsbruck Parkway 25-30-24-13-0037 WALTER FEHS
2013, and was thereafter printed and Innsbruck Parkway West 25-30-24-13-0038 Published in Focus on 2/21/2013
published on every Thursday to and Matterhorn Drive 25-30-24-13-0039 and 2/28/2013
Thursday, 28 day of Pennine Pass 25-30-24-13-0040
including Y Y Rainier Pass 25-30-24-13-0041 (Feb.21&28,2013)F2-Proj1302
February _, 2013; and printed Saint Imier Drive 25-30-24-13-0042
below is a copy of the lower case alpha- Saint Moritz Drive 25-30-24-13-0043
bet from A to Z, both inclusive, which is Stinson Boulevard 25-30-24-14-0078
Estimated Cost of Improvements 25-30-24-14-0079
hereby acknowledged as being the size 25-30-24-14-00e0
and kind of type used in the composition
(not including utilities): $642,320. 25-30-24-14-0081
and publication Of the notice: Estimated Assessments for above 25-30-24-14-OOB2
improvements: $352,090. 25-30-24-14-0083
Parcels Proposed to be Assessed 25-30-24-14-0084
abcdefghijklmnopgrstuvwxyz 25-30-24-14-0085
or impacted: 25-30-24-14-0086
25-30-24-11-0001 25-30-24-14-0087
25-30-24-11-0002 25-30-24-14-0088
25-30-24-11-0003 25-30-24-14-0089
25-30-24-11-0004 25-30-24-14-0090
25-30-24-11-0005 25-30-24-14-0091
_ 25-30-24-11-0006 25-30-24-14-0092
25-30-24-11-0007 25-30-24-14-0093
BY C 25-30-24-11-0008 25-30-24-14-0094
CFO 25-30-24-11-0009 25-30-24-14-0095
25-30-24-11-0010 25-30-24-14-0096
25-30-24-11-0011 25-30-24-14-0097
25-30-24-11-0012 25-30-24-14-0098
25-30-24-11-0013 25-30-24-14-0099
Subscribed and sworn to or affirmed before 25-30-24-11-0014 25-30-24-14-0100
me on this 28 day of February 25-30-24-11-0015 25-30-24-14-0101
2013. 25-30-24-11-0016 25-30-24-14-0102
25-30-24-11-0017 25-30-24-14-0103
25-30-24-11-0018 25-30-24-14-0104
/
25-30-24-11-0019 25-30-24-14-0105
25-30-24-11-0020 25-30-24-14-0106
25-30-24-11-0021 25-30-24-14-0107
Notary Public 25-30-24-11-0022 25-30-24-14-0108
25-30-24-11-0023 25-30-24-14-0109
25-30-24-11-0024 25-30-24-14-0110
25-30-24-11-0025 25-30-24-14-0111
25-30-24-12-0054 25-30-24-14-0112
JULIA 1. HELKENN 25-30-24-12-0055 25-30-24-14-0113
SMY NOTARYPUBLIC-MINNESOTA 25-30-24-12-0056 25-30-2a-14-0114
25-30-24-12-0057 25-30-24-14-0115
Comm.&P.,tars.31,2015 25-30-24-12-0058 25-30-24-14-0116
25-30-24-12-0059 25-30-24-14-0117
25-30-24-12-0060 25-30-24-24-0085
25-30-24-12-0061 Said improvements are to be con-
25-30-24-12-0062 sidered pursuant to Minnesota
25-30-24-12-0063 Statutes, Chapters 429, 444 and
25-30-24-12-0064 469. The improvements are to be
25-30-24-12-0065 specially assessed on an area, or
25-30-24-12-0066 frontage basis, or combination
25-30-24-12-0067 thereof against abutting and non-
25-30-24-12-0068 abutting properties and tributary to