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05-1043Council File # O�_ l0 r� Green Sheet #�� 8 5 q � Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Committee: Date ZZ WHEREAS, adverse action was initiated against the Sidewalk Contractar license held by Diversified Contracting Specialists, Inc., d/b/a Gen-Con Construction (License ID#20030002383) for the City of Saint Paul by Notice of Intent to Suspend License dated October 13, 2005, alleging licensee failed to submit a current Sidewalk/Bituminous bond in the amount of $5,000 far the coverage period of May 28, 2005 through March 1, 2006, with no lapse in coverage; and WHEREAS, licensee did not respond to the Notice of Intent to Suspend License to contest the allegations or submit the requested documents, and WHEREAS, the Notice of Intent to Suspend License stated that if the licensee failed to respond or submit the requested documents by October 24, 2005, that the matter would be placed on the consent agenda to impose the recommended penaity, now, therefore, be it RESOLVED, that the Sidewalk Contractor license held by Diversified Contracting Specialists, Inc., d/b/a Gen-Con Construction is hereby suspended until such time as all the required documents are submitted and approved by the Office of LIEP. �� r ��, n � eT � Requested by Department of: B l �Lt�v�✓./ �`�" " °"�5!"� p, � Form Approved by City Attorney Adopted by Council: Date I��'� /.�� Adoption Cert�ied by Co Secretary BY� !/ Gu/�k�. By Approved Date � Mayor for Submi��lo�d to By: � Green Sheet Green Sheet - - OS- f 3 Green Sheet Green Sheet Green Sheet Green Sheet � Departmentloffice/counciC Date Initiated: LP — �cense/Inspection/EnvimnProt ��-05 Green Sheet NO: 3028591 Contact Person & Phone: Deoartment Sent To Person InitiallDate RaChet GUnderson � 0 "cense7[n eMioo/Environ o 266-8710 q55ign 1 icense/Ins ectioWEnvironPro De artmentDirector - Must Be on Councii qqenda by (Date): Number Z • Attorn For RoUting 3 a or's Office Ma or/Assistant OKler 4 ounci 5 i Cterk i Clerk Total # of Signature Pages _(Ciip NI Loptions for Signature) Action Requested: Approval of the attached resolution to take adverse action against the Sidewallc Conuactor license held by Divers�ed Contracting Specialists, Inc., d/b/a Gen-Con Construction (License ID#20030002383) for the Ciry of Saint Paul. Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Mswer the Following Questions: Planning Commission 1, Has this persoNfirm ever worked under a contract for this department? . CIB Committee , Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/firm passess a skill not normally possessed by any current city employee? � Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee failed to submit a current Sidewaik/Bihiminous bond in the amount of $5,000 for the period of May 28, 2005 through Mazch 1, 2006. After notificarion, licensee did not respond to the Notice of Intent to Suspend License. AdvaMaqes if Approved: License suspension as recommended by the Office of LIEP. RECEi`JED ' Disad�anta�es4fApproved: ��r � � 2��5 None. MAYOR'S OFFICE Disadvantages If Not Approved: License not suspended against the recommendation of the Office of LIEP. Total Amount of CosURevenue 6udgeted: Trensaciion: Funding Source: Activity Number. (��YC�} (°,�?� Financial Infortnation: (Explain) NOV 0 12005 o�- io�f3 � OFFICE :'- Tf� CITY ATTORNEY ManuelJ. Cervantes, Ci[yAttorney CITY OF SAINT PAUL Civil Division Randy G Kelly, Mayor 400 Ciry Ha11 TeZephone: 657 266-8710 ISWestKelloggBlvd. Facsimile:657298-5619 . � Saint Paul, Minrzuoi¢ 55102 i October 13, 2005 NOTICE OF INTENT TO SUSPEND LICENSE Owner/Manager Csen-Con Conshuction P.O. Box #100 Jardan, MN 55352 RE: Sidewalk Contractor license heid by Diversified Contracting Specialists, Inc., d/b/a Gen-Con Construction for the City of Saint Paul License ID # 20030002383 Dear Sir/Madam: The dffica_ofLicense Inspections and Environmental Protection has recommended the suspension of the Sidewalk Contractor license,held by Diversified Contracfing Specialists, Inc., d/b/a Gen-Con Construction, Inc. for the City of Saint Paul. The basis for the recommendarion is as foliows: On July 14, 2005 you received a letter from the Office of License, Inspections a�td Environmental Protection stating that your bond had been cancelled effective May 28, 2005. Ia order to remove the hold placed on your license, you were required to submit a current Sidewalk/Bituminous bond in the amount of $5,000 for the period of May 28, 2005 through March 1, 2006, with no lapse in coverage. You were given until July 25, 2005 to submit the document and as of today's date it has not been received. At this time you have three options on how to proceed: 1. You can submit the necessary information to the Office of License, Inspections and Environmental Protection at 8 Fourth Street East, Suite 200, St. Paul, Minnesota 55101-1002 no later than Monday, October 24, 2005. Information should be directed to the attention of Christine Rozek. AA-ADA-EEO Employer Gen-Con Construction i� October 13, 2005 Page 2 �- 2. If you wish to have a public hearing before the Saint Paul City Council, you will need to send me a letter with a statement admitting the facts and requesting a public hearing. We will need to receive your letter by Monday, October 24, 2005. The matter will then be scheduled before the City Council for a public hearing to detemiiue whether to suspend your license. You will have an opporhmity to appear before the Council and make a statement on your own behalf. 3. If you no longer wish to do business in the City of Sa3nt Paul, you may send a written statement to that effect to the Office of License, Inspections and Environmental Protection, 8 Fourth Street East, Suite 20Q St. Paul, Minnesota 55101-1002 no later than Monday, October 24, 2005. Information should be directed to the attention of Christine Rozek. Please let me know in writing no later than Monday, October 24, 2005, how you would like to proceed. If I have not heard from you by that date, I will assume that you are not contesting the suspension of your license. If you have any questions, feel free to call me or have your attorney call me at 266-8710. Sincerely, �� / ' Raehel Gunderson Assistant City Attorney cc: CYuistine Rozek, Deputy Director of LIEP AA-ADA-EEO Employer �� STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) �- AFFIDAVIT OF SERVICE BY U.S. MAIL MEGI�AN McGIVERN, being first duly swom, deposes and says that on October 14, 2005, she served the attached NOTICE OF INTENT TO SUSPEND LICENSE by placing a true and conect copy thereof in an envelope addressed as follows: Owner/Manager Gen-Con Construction P.O. Box #100 Jordan, NIN 55352 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. � ��t r . /I_.��J., . Subscribed and sworn to before me �oa,�r�� c. c�M�ts ' NQTARYPUBLIC•PAINPESOTA MY COMMISSION EXPIRES JAN. 31, Z 01 0 this 14th day of October, 2005.