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LAKE ELMO CITY COUNCIL MINUTES DECEMBER 5, 1989 PAGE 4 wearing surface that was constructed on 43rd Street and Kimbro Avenue. i. The Council determined that if the wearing surface was not acceptable for full payment, they proposed to overlay the street to bring the rideability up to acceptable standards after the initial warranty has expired. The Council directed the City Engineer to evaluate the road and determine an appropriate deduction. City Engineer, Larry Bohrer, met with the General Contractor and Sub -Contractors on this MSA project and submitted his recommendations to the Council in his letter dated December 5, 1989. Bohrer recommended that the City assess the following penalties on the job: Rideabililty $7,678.00 Bituminous Mixture $ 395.40 Total Penalty $8,073.40 These penalties would be reflected in a credit change order to the job. M/S/P Hunt/Graves - the City Council approves the following penalties on the 43rd Street and Kimbro Avenue MSA Eligible Funding Project as follows: Rideabil.ity: $7,678.00 + Bituminous Mixture: $395.40, Total Penalty: $8,073.40. These penalties will be reflected in a credit change order to the job. (Motion carried 5-0). B. 1990 MSA Maintenance Request (1) Resolution Designating Maintenance Allowance Larry Bohrer reported in his letter, dated November 17, 1989, for the past two years, the City has requested that 25% of its MSA allotment be designated for maintenance purposes. This has allowed the City flexibility in improving its state aid roads which might not have otherwise qualified for state aid construction funds. This also helps the City reduce its large MSA fund; therefore, avoiding penalties. The Council has previously discussed dedicating the 1990 maintenance allotment for Old Village ditching and drainage improvements. The City's total 1990 allocation is estimated to be $167,557; therefore, the estimated 1990 maintenance portion is $41,889. M/S/P Williams/Graves - to adopt Resolution 89-50; Resolution Designating Maintenance Allotment. (Motion carried 5-0). C. Partial Payment #4: 39th Street, C.W. Houle City Engineer, Larry Rohrer, reported work on the 39th Street project within the Brockman 2nd and 3rd Additions is substantially complete. Only two clean-up items remain in the Spring. Bohrer recommended approval of Partial Payment Estimate No. 4 to C.W. Houle, Inc. in the amount of $24,291..83 be passed through to the developer.