CR 10-055 Adopt Assessment Roll & Award of Bid 5th St S Reconstruction Project 08-07 • �
City of Hopkins
June 15, 2010 Council Report 2010�"O55
ADOPT ASSESSMENT ROLL AND AWARD OF BID
S STREET SOUTH RECONSTRUCTION PROJECT
CITY PROJECT 08-07
Pronosed Action
Staff recommends the following motion: "Move that Council adopt Resolution 2010-029, Resolution Adontin�
Assessment Roll S Street South Reconstruction Project City Project 08-07 and Resolution 2010-030.
Resolution for Award of Bid S Street South Reconstruction Project, Citv Proiect 08-07"
This action continues an assessable project for street improvements.
Overview
The bid opening for the S Street South Reconstruction Project was.held on May 12, 2010. The low bid was
$891,127.06, which includes $173,830.66 of City of Minnetonka expense to mill and overlay K-Tel Drive.
Assessment calculations were prepared based on the low bid submitted by Valley Paving, Inc. At its May
18, 2010, meeting, the Hopkins City Council accepted the bids and considered the assessment roll for the
• street and utility improvements on S Street South. At that same meeting, the Council ordered an
assessment hearing for the project to be held June 15, 2010. This assessment hearing sets in xriotion levying
of assessments against benefiting properties. A public hearing notice has been published and mailed, along
with an assessment statement to every affected property owner. As of this writmg, no wri en ' tions
contesting the proposed assessments have been submitted. Written objections to Council must be submitted
no later than the hearing date. Staff is recommending Adoption of the Assessment roll and award of the
project contract to Valley Paving, Inc. following the public hearing.
Primarv Issues to Consider
■ Appeal procedure ■ Bid tabulation and analysis
■ Appeals Received ■ Agreement with Minnetonka
■ Project costs and assessments ■ Project schedule
Sunporting Information
■ Affidavit of mailing ■ Final assessment rates
■ Notice of assessment hearing ■ Resolutions 2010-029 and 2010-030
■ Assessment Roll & otification Letters
R. Bradford, P.E., City Engineer
Financial Impact: 969 000 Budgeted: Y/N Yes Source: _�ecial Assessments, PIR, and Utilitv
funds Related Documents (CIP, ERP, etc.): CIP, Feasibilitv Report
• Notes
\\Lisa\engineenng\Council Reports\2010\CR2010-055 Award Bid Adopt Assessments 5th St S Recon.doc
• Council Report 2010-055
Page 2
• Appeal procedure:
Property owners are given the opportunity to approach Council with their objections to the proposed
assessments during the public hearing. Standard forms for written objections have been available at City
Hall and need to be submitted no later than the hearing date.
• Appeals Received:
We have received no appeals as of the writing of this report.
• Project costs and assessments:
Based on the low bid, 25% overhead costs (engineering, admin, legal), and a 10% construction contingency
the total estimated project cost is $1,160,000. The Hopkins portion of this cost is approximately $969,000.
The assessable amount is calculated based on 70% of the assessable roadway costs of $618,360.95. The
total amount to be assessed on this project is $432,852.67.
Staff recommends applying an annual interest rate of 5% to this assessment with a term of 15 years. The
assessment rate is $114,25 per front foot, which is 38% lower than the $185.82 originally anticipated during
the feasibility report stage of the project in 2008. The assessment role is attached for your information.
The following is a breakdown summary of the funding for the project:
• Assessments $432,852.67
pgt 397,169.00
Utility Funds 138,765.00
City of Minnetonka 191.213.33
$1,160,000.00
• Bid tabulation and analysis:
Va11ey Paving, Inc. $897,127.06
Harddrives $962,423.16
Northwest Asphalt $968,531.99
Midwest Asphalt $996,695.10
Kuechle Underground $1,060,783.85
All bids were submitted with required bid security made by qualified contractors. Valley Paving, Inc. is a
reputable and responsible contractor and has completed similar projects in Hopkins, most recently on
Minnetonka Mills Road and 2n Street NE in 2008.
Sometimes staff will recommend waiting with the award of a contract until the 30 day filing period for
appeals has expired. In this instance, due to the good bids the City received, and because limited appeals are
anticipated, staff is recommending award of the project contract to Valley Paving, Inc. at this time unless
any significant and unforeseen appeals are submitted at the Council meeting.
•
. Council Report 2010-055
Page 3
• Agreement with Minnetonka:
An agreement with the City of Minnetonka regarding the cost sharing on this project is attached. Legal
counsel has reviewed the docuxnent and the City of Minnetonka has approved the agreement. The City of
Minnetonka has also considered and approved the project bid.
• Project Schedule:
Assessment Hearing June 15, 2010
Award Contract June 15, 2010
Residential Construction Begins June 2010
Construction Ends October 2010
•
•
� AFFIDAVIT OF MAILING ASSESSMENT HEARING NOTICE
STATE OF MINNESOTA )
) SS.
COUNCIL OF HOPKINS )
Terry Obermaier, being first duly sworn, deposed and says:
I am a United States citizen, over 21 years of age, and the City
Clerk of the City of Hopkins, Minnesota.
On May 26, 2010, acting on behalf of the said city, I caused to
be deposited in the United S�ates Post Office at the City of
Hopkins, Minnesota, copies ot the attached notice of hearing for
20I0 5 Street South Reconstruction Project, an improvement on
• 5 Street South from ll Avenue S to the west city limits, City
Project No. 08-07, enclosed in sealed envelopes, with postage
thereon fully prepaid, addressed to the following persons at the
addresses appearing on the attached copy of the mailing list.
There is delivery service by United States mail between the place
of mailing and the places so addressed.
;
Signature
Subscribed and sworn to before me this 26th day of May, 2010.
N�qrY �
Exqroa 31, 2013
Notary Public
� � �
�� � �
25-117-22 21 OQOS 25-117-22 22 0007 25-117-22 22 0008
Alex Ugorets Carman Realty Co Braxton Properties LLC
orets 410 LLC c% M E Newman 1315 Sth St S
11th Ave S Z00 6th St S#510 Hopkins, MN 55343
Hopkins, MN 55343 Minneapolis, MN 55402
25-117-22 22 0010 25-117-22 22 0011 25-117-22 22 0014
Robert A McMenoman et al Robert A McMenoman et aI Deephaven Properly Co LLC
McMenoman Properties LLC McMenoman Properties LLC 1515 Sth St S# 1
13727 Rhode Island Ave S 13727 Rhode Island Ave S Hopkiils, MN 55343
Savage, MN 55378 Savage, MN 55378
25-117-22 22 0015 25-117-22 22 0016 25-117-22 22 0017
Deephaven Properiy Co LLC Deephaven Property Co LLC Wehnnantl Properties LLC
1515 Sth St S#1 1515 Sth St S#1 Kurt H Wehnnaim
Hopkins, MN 55343 Hopkins, MN 55343 • 1515 Sth St S#F
Hopkins, MN 55343
25-117-22 22 0018 25-117-22 22 0019 25-117-22 22 0020
Finn Holdings LLC Fi��n Holdings LLC Finn Holdings LLC
15155t1�StS 15155thStS 15155thStS
Hopkins, MN 55343 Hopkins, MN 55343 Hopkins, MN 55343
25-117-22 23 0006 25-117-22 23 0045 25-117-22 23 0053
Clifford & Kar1a Lambert LJMI Real Estate Inc D'W Freitag
9722 Mimietoiika Blvd 1520 Sth St S B J Freitag
� uinetonka, MN 55305 Hopkins, MN 55343 4531 BooneAve N
New Hope, MN 55428
25-I 17-22 23 0059 25-117-22 23 0061 25-117-22 24 0001
A M Minnesota Funding Co Inc NL Vet�tures V Hopkins LP TLJC Two LLC
c/o HDG Mansur fiivestment c/o TaY Department . 5353 Gambler Dr #310
10 W Market St 3131 S Vaughn Way #301 St Louis Park, MN 55416
I�ldianapolis, IN 46204-2954 Aurora, CO 80014
25-117-22 24 0138 25-117-22 24 0139 25-117-22 24 0140
Y& Z Investment LLC Y& Z I�ivestinent LLC Sams Enterprises LLC
9036 Coldstream La 9036 Coldstream La Attn Mark Senu
Eden Prairie, MN 55347 Eden Prairie, MN 55347 7160 Willow View Cv
Chanhassen, MN 55317
25-117-22 24 0141 25-117-22 24 0142 25-117-22 24 0143
Roxie Properties LLC Jon B Bonnann Jon B Bormatm
1208 Sth St S 1212 Sth St S 1212 Sth St S
Hopkins, MN 55343 Hopkins, MN 55343 Hopkins, MN 55343
25-117-22 24 0144 25-117-22 24 0145 25-117-22 24 0146
MWRG Creekside LLC D& T Real Estate LLC 1Vlark Waldorf Enterprises Inc
1214 Sth St S 16300 Hillcrest Ct N 5924 Beard Ave S
Hopkins, MN 55343 Eden Prairie, MN SS346 Edina, MN 55410
�-117-22 24 0147 25-117-22 24 0148 25-I I7-22 24 OI49
Sams Enterprises LLC Sams Enterprises LLC Sams Enterprises LLC ,
Attn Mark Senn Attn Mark Senn Attn Mark Semi �
7160 Willow View Cv 7160 Willow View Cv 7160 Willow View Cv
Chanhasseil, MN 55317 Chanllassen, MN 55317 Chanhassen, MN 55317
• • .
FfNAL ASSESSMENT ROLL FOR JUNE 15, 2010 ASSESSMENT HEARING oei2srzo�o
5TH STREET SOUTH RECONSTRUCTION, CITY PROJECT 08-07
PID STREET# STREETNAME OWNER NAME OWNER ADDRESS1 OWNER ADDRESS2 OWNER ADDRESS3 FF ASSMT RATE TOTAL ASSMT
25-117-22 21 0005 410 11th Ave S Alex Ugorets Ugorets 410 LLC 410 11th Ave S Hopkins, MN 55343 610.5 $114.25 $69,748.61
25-117-22 22 0007 1415 5th St S Carman Realty Co Go M E Newman 200 6th St S#510 Minneapolis, MN 55402 242.3 $114.25 $27,682.37
25-117-22 22 0008 1315 5th St S Braxton Properties LLC 1315 5th St S Hopkins, MN 55343 418.3 $114.25 $47,790.08
25-117-22 22 Q010 1625 5th St S Robert A McMenoman et al McMenoman Properties LLC 13727 Rhode Island Ave S Savage, MtV 55378 160.6 $114.25 $18,348.28
25-117-22 22 0011 1617 5th St S Robert A McMenoman et al McMenoman Properties LLC 13727 Rhode Island Ave S Savage, MN 55378 179.7 $114.25 $20,530.43
25-117-22 22 0014 1515 5th St S#1 Deephaven Property Co LLC 1515 5th St S#1 Hopkins, MN 55343 55.3 $114.25 $6,314.67
25-117-22 22 0015 9515 5th St S#2 Deephaven Property Co LLC 1595 5th St S#1 Hopkins, MN 55343 55.3 $114.25 $6,314.67
25-117-22 22 0016 1515 5th 3t S#3 Deephaven Property Co LLC 1515 5th St S#1 Hopkins, MN 55343 55.3 $114.25 $6,314.67
25-117-22 22 0017 1515 5th St S#4 �Wehrmann Properties LLC Kurt H Wehrmann 1515 5th St S#F Hopkins, MN 55343 55.3 $114.25 $6,314.67
25-117-22 22 0018 1515 5th St S#5 Finn Holdings LLC 1515 5th St S Hopkins, MN 55343 55.3 $114.25 $6,314.67
25-117-22 22 0019 1515 5th St S#6 `Finn Holdings LLC 1515 5th St 5 Hopkins, MN 55343 55.3 $114.25 $6,314.67
25-117-22 22 0020 1515 5th St S#7 Finn Holdings LLC 1515 5th St S Hopkins, MN 55343 55.3 $11425 $6,314.66
� 25-117-22 23 0006 1402 5th St S Clifford & Karla Lambert 9722 Minnetonka Blvd Minnetonka, MN 55305 130.0 $114.25 $14,852.28
25-117-22 23 0045 1520 5th St S :UMI Real Estate Inc 1520 5th St S Hopkins, MN 55343 272.5 $114.25 $31,132.67
25-117-22 23 0053 1418 5th St S �D W Freitag B J Freitag 4531 Boone Ave N New Hope, MN 55428 135.5 $114.25 $15,480.65
25-117-22 23 0059 1600 5th St S �A M Minnesota Fundirtg Co Inc Go HDG Mansur tnvestment 10 W Market St indianapolis, iIV 46204-2954 269.9 $114.25 $30,835.63
25-117-22 23 0061 1302 5th St S �NL Ventures V Hopkins LP Go Tax Department 3131 S Vaughn Way #301 Aurora, CO 80014 369.5 $114.25 $42,214.76
25-117-22 24 0001 1102 5th St S TWC Two LlC 5353 Gambler Dr #310 St Louis Park, MN 55416 305.9 $114.25 $34,948.57
25-117-22 24 0138 1202 5th St S Y& Z Investment LLC 9036 Coldstream La Eden Prairie, MN 55347 25.6 $114.25 $2,923.51
25-117-22 24 0139 1204 5th St S Y& Z Investment LLC 9036 Coldstream La Eden Prairie, MN 55347 25.6 $114.25 $2,923.81
25-117-22 24 0140 1206 5th St S Sams Enterprises LLC . Attn Mark Senn 7160 Willow View Cv Chanhassen, MN 55317 25.6 . $114.25 $2,923.81
25-917-22 24 0749 1208 5fh St S 'Roxie Properties L�C 1208 5th St S Hopkins, MN 55343 25.6 $194.25 $2,923.81
25-117-22 24 0142 1210 5th St S Jon B Bormann 1212 5th St S Hopkins, MN 55343 25.6 $114.25 $2,923.81
25-117-22 24 0143 1212 5th St S 'Jon B Bormann 1212 5th St S Hopkins, MN 55343 25.6 $114.25 $2,923.81
25-117-22 24 0144 1214 5th St S 'MWRG Creekside LLC 9294 5th St S Hopkins, MN 55343 25.6 $144.25 $2,923.80
25-117-22 24 0145 1216 5th St S D& T Real Estate LLC 16300 Hillcrest Ct N Eden Prairie, MN 55346 25.6 $114.25 $2,923.80
25-117-22 24 0146 1218 5th St S Mark Waldorf Enterprises Inc 5924 Beard Ave S Edina, MN 55410 25.6 $11425 $2,923.80
25-117-22 24 0947 1220 5th St S Sams Enterprises LLC Attn Mark Senn 7160 Willow View Cv Chanhassen, MN 55317 25.6 $114.25 $2,923.80
25-117-22 24 0148 1222 5th St S Sams Enterprises LLC Attn Mark Senn 7160 Willow View Cv Chanhassen, MN 55317 25,6 $114.25 $2,923.80
25-117-22 24 0149 1224 5th St S Sams Enterprises LLC Attn Mark Senn 7160 Willow View Cv Chanhassen, MN 55317 25.6 $114.25 $2,923.80
Totals 3788.7 $432,852.67
� CITY OF HOPKINS
Hennepin County, Minnesata
NOTICE OF HEARING ON PROPOSED ASSESSMENT
2010 S STREET SOUTH RECON5TRUCTION PROJECT
CITY PROJECT NO. 08-07
TO WHOM IT MAY CONCERN
Notice is hereby given that the City Council of the City of Hopkins, Minnesota will meet in the City
Council Chambers, Hopkins City Hall, 1010 l Street South, at 7:30 p.m., Tuesday, June 15, 201Q
to pass upon the proposed assessmeiit for the improvement on S Street South from l l Avenue S
to the west city limits by reconstruction of bittuninous streets including storm sewer revisions, fire
hydrant and watermain valve replacement, concrete curb and gutter construction, pedestria.n facility
improvements, and turf restoration in all areas of construction, pursuant to Minnesota Statutes,
Section 429.011 to 429.111 (Laws 1953, Chapter 398, as amended). Following the hearing, the
Council will decide whether any adjustments in the roll are necessary. Adoption by the City
Council of the proposed assessment may occur at the hearing.
The following is the area to be assessed: _
! Plat Name Sec T�w Rng .Q/Q Suffix
Auditor's Subdivision No 195 25 117 22 21 0005
Unplatted 25 117 22 ' - 117 22 22 0007-0008
Napco Industrial Pa.rk 25 117 22 22 0010-0011
CIC No 1529 1515 S St S Condo 25 117 22 22 0014-0020
LP Creviers 1 St Addn to West Mpls 25 117 22 23 0006
South Hopkins Industrial Park 25 117 22 23 0045, 0053 and 0059
Thermotech Addil 25 117 22 23 0061
Auditor's Subdivision No 195 25 117 22 24 0001
CIC No 1809 Creekside Office/Warehouse 25 117 22 24 0138-0149
The proposed assessment is on file for public inspection at the o�ce of the City Clerk. Written or
oral objections will be considered at the hearing. The total project amount of the proposed
assessment is $432,852.67.
The first installment will appear on the 2011 tax statement and shall include iilterest at the rate of
5% per year from the date of the resolution adopting the assessment roll until December 31, 2011.
Assessments shall be payable in annual installments over a period of 15 years. If a property owner
pays the full assessment on his or her property prior to November 30, 2010, interest due on that
payment would be calculated to the date of payment. If such payment is made after November 30,
2010, interest will be charged to Deceinber 31, 2011. If a property owner pays his assessment in full
� from June 15, 201 Q to July 15, 2010, no interest will be charged. Such payment should be made to
the Assessment Clerk at Hopkins City Hall, 1010 l Street S, Hopkins; Minnesota 55343.
Page 2
calcula�ed to the date of payment. If such payment is made after November 30, 2010, interest wi11 be .
charged to December 31, ZO11. If a properfy owiier pays his .or her assessment in full from June 15, 2010
to July 15, 2010, no interest will be charged. Such payinent sl�ould be made to the Assessment Clerk at
Hopkins Ci�ty Hall, 1010 l Street S, Hopkins, Minnesota 55343.
Partial prepayment of the assessment i�i excess of 25 percent of the total assessment has beeii authorized
by ordinance: A partzal prepayment can onty be made pr�ior to November 30, 2010 with z�iterest accrued
to fhe payment date, except that no interest shall be charged on the partial payrnent if such partial payinent
is made by July i 5, 2010.
You inay -appeal any assessment to the Disti�ict Caurt pursuant ta 1VIinnesota Statutes Section 429.081 by
serving notice of the ap�eal upon the Mayor ar the City Clerk within 30 days after the adoption of the
assessinent roll axld filing such notice with tlie Clerk af District Court within ten (10) days after seivice
upon #he Nlayor or City Cierk. No suclz appeal as ta tlie arnount of an assessment as to a specific parcel of
land nlay be nlade unless the ovv�ler has ei�lier filed a signed written objection to tliat assessinent with the
City Clerlc prior to the hearing or I�as presented the wriften objection to the presiduig officer at tl�e
\ hearing.
Under proviszon5 of Miivaesata Statutes Section 435.193 to 435.195 the City znay, at its discretiozi; defer
the payment of assessinents for aaly homestead property o�svned by a persan 6S years of age or older for
whom it would be a hardslup to inake the payments. The procedures to apply for such d�ferment are
available from the Assessment Clerk. Deferment applications should be submitted to the Assessment
Clerk by Jun� 11, 2010.
. .
BY ORl?ER OF `I`HE CITY COUNCTL
��������f
Teny Obern�aier, City Clerk
City of Hopkins, Mi:nnesota
Dated; May 26, 2010 �
Publish: Hopkzns Suii Sailor May 27, 2010
. �
,, �
Page 3
CITY OF HOPKINS
� PROJ]ECT OS-07 STREET IMPROVEMENT
STATEMENT OF ASSESSMENT
« PID» - « STREET» « STREETNAME» .
« OWNER NAME»
« OWNER ADDRESS 1»
« OWNER ADDRESS2»
«OWNER ADDRESS3»
Y01UR "�OTA]L ASSESSIVV[ENT IS: «FF» �F � «ASSMT_RATE»fFF =
«TOTAL ASSMT» �
Your assessment can be paid without interest until July 15, 2010. Interest charges will anplv on anv
pavments made after July 15, 2010. Please contact the Assessment Clerk for interest calculation. If.
you are unable to pay the balance in full, you may make a partial payment of at least 25% of the total
assessment. To avoid interest for subsequent yea�rs, payments must be �nade to the City of Hopkins prior
to November 30, 2010. Any balance remaining will be certified to Hennepin County for collection
beginning with the 2011 property taxes.
THIS IS THE ONLY NOTICE YOU WILL RECEIVE FOR THIS ASSESSMENT. Y4U WILL
NOT BE BILLED OR NOTIFIED ANY FURTHER. FOR INFORMATI�N ABOUT THE CITY
COUNCIL'S DECYSXON ON THIS ASSESSMENT, CALL THE ASSESSMENT CLERK 952-548-
6310.
(NOTE: When requesting information or corresponding about this statement, please refer to PID #«PID».
Questions can be directed to the Special Assessment Clerk at 952-548-6310.) ,
cYTY o� goP�avs
f�Iennepin County, Minnesota
NO+'�`�CE (7F HE�1�G ON PROP05ED A5SE�SM�NT
2010 5 STREET SOUTH RECONSTRUCTI.ON PRO,TECT
CITY �'ROJECT NO.OS-07 �
«rm»
« O WNER NAIv1E»
«O WNER ADURES S 1 » "
z<OWNER .ADDRESS2»
« O WNER ADDRESS3 n .
RE: PID ##«PII7» - «STREET» «STREETNAME»
TO WHOM�IT MAY CONCERN:
Notice is hereby given that the City Council of the City of Hopkins, Minnesota will meet in. the City
Cauncil Chambers, Hopkins City Hall, 1 Q 10 I st Street South, ,at 7:3 0 p.m., Tuesda�, June 15, .2010 to pass
upon the proposed assessmeut for the improvemen� on 5�' Street Soutl� froin l l Avenue S to tlle west
city limzts by reconstruction of bituminous streets including storm sewer revisioiis, fire hydrant and
watermain valve rep�acement, concrete cuxb and gutter construction, pedestxian facility impraveinents,
and turf restorafioiz in all areas of constructior�, pursuaa.�t to Minnesota Statutes Section 429.011 to
429.111 (Laws 1953, Cl�apter 398, as amended). Following the l�earing, the Council w�il decide wiietlier
any adjustments in �e roll aze necessary. Adoption by the �ity Council of the pro�osed assessinent may
_ occur at the hearing.
Tlie followuig is the axea- to be assessed:
PZat Name Sec �� Rng QI�, SufFix
Auditor's Subdivision No I95 . 25 117 22 21 0005
Unp�atted 25 117 22 25 117 22 22 0007-0008
Napco Tndustrial Park 25 117 22 . 22 0010-0011
CIC No 1529 1515 S St S Condo 25 117 22 22 0014-0020
LP Creviers l st Addn to West Mpls 25 117 22 23 Q006
South Hopku�.s I�idustrial Park 25 117 22 23 0045, 0053 and 0059
Thennotech Addn 25 117 22 23 0061 -
Auditor's Subdivision No I95 25 117 22 24 0001
� CIG No 1809 Creekside Office/Waxehouse 2S 117 22 24 0138-0149
TI�e praposed assessment is on file for public inspection at tlie office of the City Clerk. Writ��n or oral
-- objections will be considered at the hearing. The total projeet an�.ount of the proposed assessmei�t is
$432,852.57.
Tiie first installment wi11 appear oi1 �11e 2011 tax statementand sliall include u�terest at t1�.e rate of 5% p�r
year from the date of tl�.e resolution adopting the assessment roll uiltil December 31, 2011. Assessments
sllall be payable in annual installmerits over a period of l,S years. If a property owner �ays the fuli
assessment on lus or her property�rior• to November 30, 20�0, interest due ozi that payment would be
� Partial prepayment of the assessment iii excess of 25 percent of the total assessment has been
authorized by ordinance. A partial prepayment can only be made p�ior to November 30, 2010 with
interest accrued to the payment date, except that no interest shall be charged on the partial payment
if such partial payment is made by July 15, 201Q.
You may appeal any assessment to the district Court pursuant to Minnesota Statutes Section
429.081 by sezving notice of the appeal upan the Mayor or the City Clerk within 30 days aftex the
adoption of the assessment roll and f ling such notice with the Clerk of District Court within ten
(10) days after service upon the Mayor or City Clerk. No such appeal as to the amount of an
assessment as to a specific parcel of Iand may be made unless the owner has either filed a signed
written objection to that assessment with the City Clerk prior to the l�earing or has presented the
written objection to the presiding officer at the hearing.
Under provisions of Minnesota Statutes Section 435.193 to 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 whoxn it would be a hardship to make the payments. The procedures to apply for such
deferment are available from�the Assessment Clerk. Deferment appiications should be submitted to
the Assessment Clerk by June 11, 2010.
�����.'���
�
Terry Obermaier, City Clerk
City af Hopkins, Minnesota
Dated: May 19, 2010
Publish: Hopkins Sun Sailor May 27, 2010
�
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{ �};{ ;� ; 146{}(7 Minnetonk� BouEauard Minnetonka, MN'S��4� 952-933-52�� �ax'9�2-939-8244
# � ;
,lUne J, 2090
Johr� Br�dford, P.E.
City of Hopkins
9fl1� 1� �treet S. '
Nopkins, N1N 5�343 '
i
RL. 5`" Sfr�et ��uth Recor�stru�#i�nlK�Tel drive fl�verfay .
;
Dear John: �
The City af Minn�ft�nka has r�view�d th� ic��r bid rec�ived by the Gity af Ho�akins f�r th� ptans '
titl�d, �'" Street Sauth Recrzrrstruc#i�rn. F'rom #he taid ab�#ract d�t�d May 13, 201 �3, th� :low bid
from Valt�y Paving apAe�rs tc� be in order and me�t� #he Cify af lulinnetc�nka's a��roval.
itUe enc�urage khe �ity c�f H�pkins to award th� bid t�' Va11ey P�vin� and begiri constcu�tian F
• within fhe time1in�s discu�s�d in th� praje�# schedule,
�
t�(ease feei free #o confacf �ne at {��2) 9�9-8232 if yt�u �ave-ar�y �{u�stitins, or r�eed �dclitional;
informatic�ti.
Sine�rely
��� � ���� ;
� �
Will Manchester, �.E.
Assistarrt Gity E�gine�r
Cc. L.e� Gustafsc�n, Director �►f Engin�ering
� . �
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1%slirrrxetarrl��... �t�fa�tG� c'Ptr�lifyf i� our r��lcrr�
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CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2010-029
RESOLUTION ADOPTING ASSESSMENT ROLL
5 STREET SOUTH RECONSTRUCTlON PROJECT
ClTY PROJECT 08-07
WHEREAS, pursuant to proper notice duly given as required by law, the City
Council has met and heard and passed upon all objections to the proposed assessment
for the improvement of 5 Street South Reconstruction Project, as described in the files
of the City Clerk as Project 08-07.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Hopkins, Minnesota:
1. Such proposed assessment, as may be amended and 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 included is hereby found to be benefited by the proposed
improvement in the amount of the assessment levied against it.
. 2. Such assessment shall be payable in equal annual installments extending
over a period of fifteen years, the first of the installments to be payable on or
after the first Monday in January 2011, and shall bear interest at the rate of 5
percent per annum from the date of the adoption of this assessment
resolution. To the first installment shall be added interest on the entire
assessment from June 15, 2010, until December 31, 2010. To each
subsequent installment when due shall be added interest from one year on all
unpaid installments.
3. It is hereby declared to be the intention of the Counci! to reimburse itself in
the future for the portion of the cost of this improvement paid for from
municipal funds by levying additional assessments, on notice and hearing as
provided for the assessments herein made, upon any properties abutting on
the improvement but not made, upon any properties abutting the
improvement but not herein assessed for the improvement, when changed
conditions relating to such properties make such assessment feasible.
4. To the extent that this improvement benefits non-abutting properties which
may be served by the improvement when one or more later extensions or
improvements are made, but which are not herein assessed, therefore, it is
hereby declared to be the intention of the Council, as authorized by
Minnesota Statutes Section 429.051, to reimburse the city by adding any
portion of the cost so paid to the assessments levied for any of such (ater
extension or improvements.
• 5. The clerk shall forthwith transmit a certified duplicate of the assessment to
\\Lisa\engineering\Resolutions\2010\R2010-029 Adopt Assessment Roll 5th Street S Recon.doc
�
the County Auditor to be extended on the property tax lists of the County, and
such assessments shall be collected and paid over in the same manner as
other municipal taxes.
Adopted by the City Council of the City of Hopkins, Minnesota, this 15` day of June
2010.
By
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
•
•
\\Lisa\engineering\Resolutions\2010\R2010-029 Adopt Assessment Roll 5th Street S Recon,doc
•
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2010-030
RESOLUTION FOR AWARD OF BID
5 th STREET SOUTH RECONSTRUCTION PROJECT
CITY PROJECT 08-07
BE IT RESOLVED BY THE CITY COUNCIL OF HOPKINS, MINNESOTA, that the
lowest bid of Valley Paving, Inc. in the amount of $891,127.06 is the lowest responsible
bid for the 5 th Street South Reconstruction Project, City Project 08-07, and the Mayor
and City Manager are hereby authorized and directed to enter into a contract with said
bidder for and on behalf of the City;
BE IT FURTHER RESOLVED, that SRF Consulting Group, Inc. will perform the
construction services for this project and the City Manager is hereby authorized and
directed to enter into a contract with said firm for and on behalf of the City.
Adopted by the City Council of the City of Hopkins, Minnesota, this 15 day of June,
• 2010.
BY
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
•
1\Lisa\engineering\Resolutions\2010\R2010-30 Award Bid 5th St S Recon.doc
� � RESOI.UT(ON NO Za� a -�53
RESOLUTlON APPRC3VING A JO1NT POWE�tS AGREEMENT WITH T�IE C17Y OF
HOPKINS FOR THE K-TEL DRlVE OV�RLAY PROJECT
BE 1T RESOL.VED by the City Council of the City of IVlin�etonka, Minnesata as fallows:
Section 1. Backgraund.
1.0�. It is recorrtm�nde� #hat the ci#y of Minnetonka and the city of Hopkins
enter into an agreemen# for the overlay and repair of K-Tei Driva from
Shady Oak Road east to the border v�+ith the City of Hopkins.
1.02. The City Cauncif of the city af Minnetonka deems it proper and in ti�e i
public interesf to enter into an agreement with the City of Hopkins for the ±
overlay of K-Tef Drive.
Section 2. Councii Action. �
;
2.01. The Mayor and City Manager are hereby authorized and d'+rect�d to
execute an agreement with the city af Hopkins fvr the overlay of 1(-Tel
Drive from Shady Oak Road east ta tt�e border vu�#h the City of Hopkins.
� Adop#ed by fhe City Cauncil of the City of Minr�etonka, Minnesota, on June 7, 2010.
� i � �.�
Terry Schnei er, Mayor
ATTEST:
David E. Maeda, City Clerk
ACTION ON THiS RESOLUTION:
Motion €or adopfion: Greves
Seconded by: Allendort �
Voted in favor of: Hiller, Eliingsor�, A1lendorf, Greves, Wiersum, Schneider
Vated against:
Absta�ned:
Absent: Wagner
Resolution adopted.
�
�esnlution No. 2�1�-�53 Pa � 2
� _
l herek�y certify that the f��ec��ir�g is a tr�a� and correct copy of a r�salu#ir�n adapt�d by
the City Council ofi �he �ify c�f Minriett�nka, Minrt�st�ta, �t a duly aut��ri2ed meetin� held' '
on Jun� 7, �010.
��:,�..
�` � ��
-�'
t�avid E, ��aeda, City Clerk
•
,
�
�
�
• JOINT POWERS AGREEMENT
BETWEEN THE CITY OF HOPKINS AND THE
CITY OF MINNETONKA
FOR THE 5� STREET SOUTH RECONSTRUCTION/
K-TEL DRIVE OVERLAY PROJECT �
THIS AGREEMENT is entered into between the CITY OF HOPHINS, a
Minnesota municipal corporation (hereinafter referred to as "Hopkins") and the CITY OF
MINNETONKA, a Minnesota municipal corporation (hereinafter referred to as
"Minnetonka"), with the parties collectively hereinafter referred to as the "Cities".
WHEREAS, the Cities desire to implement the design and construction of the 5"'
Street South Reconstruction/K-Tel Drive Overlay Project in the cities (the "Project"); and
WHEREAS, Minn. Stat. § 471.59 authorizes two or more governmental units to
enter into agreements to jointly or cooperatively exercise any power common to the
contracting parties or any similar power; and
WFIEREAS, Hopkins has prepared a feasibility report for the Project dated
• December 22, 2009 (the "Feasibility Report").
NOW, THEREFORE, in consideration of their mutual covenants the parties
agree as follows:
1. PLANS AND SPECIFICATIONS. SRF Consulting Group, Inc. ("SRF")
will prepare plans and specifications for the Project consistent with Hopkins and
Minnetonka design standards. Hopkins and Minnetonka shall each separately contract with
SRF for the design and engineering work for those parts of the Project located within their
respective corporate boundaries.
2. BIDDING. Hopkins will advertise for bids for the construction of the
Project in accordance with Minnesota Law and will provide Minnetonka with an analysis
of the bids received. Hopkins must obtain Minnetonka's concurrence with the award of
the bid to a contractor. Hopkins shall not enter into the contract with the approved bidder
or proceed with the Project until Minnetonka's approval and concurrence with the award
of the bid and contract has been established by resolution approved by the Minnetonka
City CounciL
3. CONTRACT AWARD. Hopkins shall prepare contract documents and
enter into a contract with the approved bidder.
�
HopcivilUointPowersAgreement.final - 1 '
� 4. COST ALLOCATION. Relevant project costs shall be aid 100% b each
P Y
party for the portion of the project located within its corporate boundaries. Project costs
are: engineering, inspection, testing. constructions costs and other costs payable under the
contract entered into by Hopkins with the approved bidder. Project costs do not include
costs associated with the parties' employees.
5. OWNERSHiP. Each party shall own the portion of the Project located
within its corporate boundaries.
6. PAYMENT. Hopkins will act as the paying agent for all payments to the
Contractor. Payments will be made as the Project work progresses and when certified by
the Hopkins Engineer. Hopkins, in turn, will bill Minnetonka for its share of the project
costs. Upon presentation of such an itemized bill , Minnetonka shall reimburse Hopkins
for its share of the costs incurred in accordance with this agreement within 30 days from
the presentation of the claim: If any portion of an itemized bill is questioned by
Minnetonka, the remainder of the claim shall be promptly paid, and accompanied by a
written explanation of the amounts in question. Payment of any amounts in dispute will
be made following good faith negotiation and documentation of actual costs incurred in
carrying out the work.
7. CHANGE ORDERS AND SUPPLEMENTAL AGREEMENTS. Any
. change orders or supplemental agreements that affect the project cost payable by
Minnetonka and any changes to the plans must be approved by Minnetonka prior to
execution of work.
8. RULES AND REGULATIONS. Hopkins shall abide by Minnesota
Department of Transportation standard specifications, rules and contract administration
procedures.
9. INDEM1vIFICATION. Hopkins agrees to defend, indemnify, and hold
harmless Minnetonka against any and all claims, liability, loss, damage, or expense
arising under the provisions of this Agreement and caused by or resulting from negligent
acts or omissions of Hopkins and/or those of Hopkins employees or agents. A party's
agreement and obligation to defend, indemnify and hoid the other party harmless shall
not apply to any claims, liability, loss, damage or expense arising out of or resulting from
the acts or omissions of SRF, the contractor that is awarded the contract for the Project or
any of those parties employees, subcontractors, independent contractors or agents.
Minnetonka agrees to defend, indemnify, and hold harmless Hopkins against any and all
claims, liability, loss, damage, or expense arising under the provisions of this Agreement
for which Minnetonka is responsible, including future operation and maintenance of
facilities owned by Minnetonka and caused by or resulting from negligent acts or
omissions of Minnetonka and/or those of Minnetonka employees or agents. Under no
•
HopcivilVointPowersAgreement.final - 2 -
� circumstances, however, shall a party be required to pay on behalf of itself and the other
parly any amounts in excess of the limits on liability established in Minnesota Statutes
Chapter 466 applicable to any one party. The limits of liability for both parties may not
be added together to determine the maximum amount of liability for either party. The
intent of this paragraph is to impose on each party a limited duty to defend and indemnify
each other subject to the limits of liability under Minnesota Statutes Chapter 466. The
purpose of creating this duty to defend and indemnify is to simplify the defense of claims
by eliminating conflicts among the parties and to permit liability claims against both
parties from a single occurrence to be defended by a single attorney.
10. WAIVER. Any and all persons engaged in the work to be performed by
Hopkins shall not be considered employees of Minnetonka for any purpose, including
Worker's Compensation, or any and all claims that may or might arise out of said
employment context on behalf of said employees while so engaged. Any and all claims
made by any third party as a consequence of any act or omission on the part of said
Hopkins employees while so engaged on any of the work contemplated herein shall not
be the obligation or responsibility of Minnetonka. A reciprocal disclaimer and waiver
shall also apply: Hopkins shall not be responsible under the Worker's Compensation Act
or any claims that might arise out of said employment context for any employees of
Minnetonka. .
• 11. AUDITS. Pursuant to Minnesota Statutes § 16C.05, Subd. 5, any books,
records, documents, and accounting procedures and practices of Hopkins and Minnetonka ,
relevant to the Agreement are subject to examination by Hopkins, Minnetonka, and either
the Legislative Auditor or the State Auditor as appropriate. Hopkins and Minnetonka
agree to maintain these records for a period of six years from the date of performance of
all services covered under this agreement.
12. INTEGRATION. The entire and integrated agreement of the parties
contained in this Agreement shall supersede all prior negotiations, representations, or
agreements between Hopkins and Minnetonka regarding the Project; whether written or
oral.
13. NOTICES. Any notice, request or other communication that may be
required under this Agreement, including payment requests under Paragraph 6, shall be
delivered by first class United States mail or by facsimilie transmission to Hopkins and
Minnetonka at the following addresses and facsimilie numbers:
If to Hopkins City of Hopkins
1010 First Street South
Hopkins, MN 55343
Attention: John Bradford, City Engineer
Facsimilie:
�
HopciviNointPowersAgreement.final - 3 -
� If to Minnetonka City of Minnetonka
� 14600 Minnetonka Boulevard
� Minnetonka, MN 55345
Attention: Lee Gustafson, City Engineer
Fascimilie: 952-939-8344
Notices that are mailed shall be deemed to have been delivered one business day after
being deposited with the United States Postal Service. Notices that are delivered by
facsimilie shall be deemed to have been delivered upon confirmation of facsimilie
transmission.
IN WITNESS THEREOF, the parties have caused this agreement to be
executed by their duly authorized officials.
CITY OF MINNETONKA CITY OF HOPKINS
BY: BY:
Terry Schneider, Mayor Gene Maxwell, Mayor
• AND AND
John Gunyou, City Manager Rick Getschow, City Manager
. �
HopcivilUointPowersAgreemenY.final - 4 -