The URL can be used to link to this page

IP #804PROJECT NO. 804 18" Water main Valve Replacement (Winnetka and Bass Lake Res. 06-162 11/13/06 Awarding contract to Lametti & Sons for $49,430 Res. 08-28 2/11/08 Resolution to accept the replacement of an 18 inch water main valve on Winnetka Avenue North and approve final payment request to Lametti & Sons Inc. (improvement project 804) COUNCIL Request for Action Originating Department Approved for Agenda Agenda Section Public Works November 13, 2006 Consent Item No. By: Guy Johnson J 6.5 By: Resolution awarding contract to Lametti & Sons Ine. for the replacement of one 18 inch water valve for $49,430 W.' (j~..I.. 7f\ D DLf Requested Action Staff recommends the Council approve of a resolution awarding a contract to the low and responsible bidder, Lametti & Sons Inc., in the amount of $49,430 for replacement of an existing 18 inch water valve at the intersection of Winnetka Avenue and Bass Lake Road. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrash"ucture and/or to improve the level of service. Background The existing 18 inch water valve was installed in 1963. The valve is part of a large trwlk water main distribution system from the city of Crystal's pumping station that serves the north half of the city, including the city's north water tower. The distribution system is made up of a 24 inch reinforced concrete cylinder water pipe from Douglas Drive to the west side of Winnetka Avenue, along Bass Lake Road. In the mid-90s the Joint Water Conmlission (JWC) replaced a 24 inch water valve that would no longer fwlction correctly, along this pipeline on the east side of Wumetka A venue. On the west side of Winnetka, the 24 inch reinforced concrete cylinder water pipe tees Ulto an eight inch cast iron .water main that continues west down Bass Lake Road, and an 18 inch reulforced concrete cylulder water pipe that rW1S south down Wumetka Avenue towards the city's water tower and industrial area. Motion by _--'II , I Lt-ttL . ired {)fo ~/foJ.. Second by To: I:\RFA \PUBWORKS\2006\ 18 Inch Water Valve Award Contract.doc Request for Action November 13, 2006 Page 2 When the 24 inch valve was replaced ten years ago, staff reviewed tlle options of replacing or trying to locate a contractor to repair the valve. Because the expensive part of the project was the access to and removal of the large valve for either repair or replacement, the decision of the JWC was to replace the existing 24 inch valve with a new valve. The valves are in underground vaults Witll a manhole access cover. Because of the size of the 18 inch valve, removal of the valve through the manhole access is not possible. Removal of the top concrete slab of the vault, located under the Winnetka Avenue pavement, is necessary. Additionally, there are very few companies with experience working with and around reinforced concrete cylinder water pipe. In the past, other municipalities have had to fly crews in from Ohio, where the reinforced concrete cylinder water pipe is manufactured, to make emergency repairs on this type of pipe system. Staff requested quotes from a number of companies for this project. Three companies responded initially, with only two companies submitting quotes. Staff and the JWC are again recommending that the existing 18 inch valve be replaced, and have funds budgeted for this project in the JWC's Capital Improvement Program (CIP). Funding Quotes were received from Lametti & Sons Ine. and Schurcon Ine., with the low bidder being Lametti & Sons Inc., in the amowlt of $50,770. After reviewing the quotes, it was decided that line items number ten and 13, the removal and installation of the sidewalk where necessary and tlle boulevard restoration, could be completed by staff and removed from the contract for a reduction of $1,340. The resulting contract amount for Lametti & Sons Ine. is $49,430. Although the fundulg and payment to the contractor for the proposed project would be from the JWC's CIP, the JWC requires the municipality that owns the infrastructure to award the contract. Attachments The engineer's memorandum, copy of the bid, and the resolution awarding the contract are attached. I: \ RFA \PUBWORKS\2006\ 18 Inch Water Valve Award Contract.doc City of New Hope Resolution No. 06- 162 Resolution awarding contract to Lametti & Sons Inc. for the replacement of one 18 inch water valve for $49,430 WHEREAS, the Joint Water Commission requires the assistance of a contractor to replace a New Hope 18 inch water valve on a reinforced concrete cylinder water pipe; and, WHEREAS! plans, specifications, and contract terms for the replacement of an 18 inch water valve have been prepared; and, WHEREAS, the city has accepted bids for work described in the plans and specifications, and has identified the lowest responsible and responsive bidder; and, WHEREAS, the city engineering firm; Bonestroo, Rosene, Anderlik & Associates Inc., has recommended that Council award the contract to Lametti & Sons Inc. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That a contract in the amount of $49,430 for the replacement of an 18 inch water valve is awarded to Lametti & Sons Inc.; and, 2. That the mayor and city manager are authorized and directed to sign the same. Adopted by the City Council of the city of New Hope! Hennepin County! Minnesota! this 13th day of November 2006. Attest: ~.l>LL< City Clerk i ~fit/, 0 -- / '-- l!l dAt;;;/~ 'La; Iv. ayor r Bonestroo Rosene Anderli/< & Associates 2335 West Highway 36. St. Paul, MN 55113 Office: 651-636-4600 . Fax: 651-636-1311 I wwwbonestroo.com Engineers & Arc/1itects November 2,2006 Guy Johnson City of New Hope 4401 Xylon Ave. N. New I-lope, MN 55428-4898 Re: Winnetka Avenue Gate Valve Replacement File No. 000034-06000-0 Quote Results Quotes were requested for the replacement of a gate valve on an 18" concrete water main located just south of Bass Lake Road on Winnetka Avenue North Due to the specialized nature of the work, only two contractors in the area were found to be interested in the work. Both contractors submitted quotes. In attempt to reduce costs, it was decided to complete the boulevard restoration and sidewalk \Nork in- house, eliminating the costs from the contract and adjusting the quotes. The low bidder \vas contacted and approved of this deletion from the contract. The original and adjusted quotes are summarized below: Contractor Low Lametti & Sons, Inc. #2 Schurcon Inc Ad;usted Ouote Amount $49,430.00 $82,750.00 The low Bidder 011 the Project was Lametti & Sons, Inc with an Adjusted Quote of $49,43000. If City Council wishes to awmd the Project to the low Bidder, then Lametti & Sons, Inc. should be awarded the Project on the Bid Amount ofS49,430.00. Note, due to weather risks, the work under this contract would not be completed until Spring 2007 Should you have any questions, please feel free to contact me at (65 I) 604-4938. Yours very truly, BONESTROO, ROSENE, ANDERUK & ASSOCIATES. lNC ~~ Jason Quisberg. PI:: Enclosures . St. Paul, St. Cloud, Rochester, MN . Milwuukee, WI' Chicago, IL Afrirmative Action/Equal OpportunIty Empl0ye: ilnd :.mployec Owned QUOTE Winnetka Avenue . Gate Valve Replacement New Hope, Minnesota File No. 000034-06000-0 Quote Due: Friday, Augnst 4, 1006, 1:30 P.M~ e.S.T. . Return to: Jason P. Quisberg Fax Number 651-636-1311 Office Number 651-604-4938 Cellular 651-775-5121 BONESTROO, ROSENE, ANDERLIK & ASSOClA TES, me. UNIT TOTAL ITEM UNIT QTY COST COST Zro,:,"- 1.S0.) r 1. Mobilization LS. 1 2. Traffic Control LS tlco 2..100 r 1 3. Temporary Water Service LS 1 . ~'2..Q " 'f"'U::lO 4. Remove Existing Gate Yalvc EA 1 ~ Oe).;) ~Cl/)v Furnish & Install 18" Butterfly Valve lS't'O~ ~lOO ~. ..57 EA 1 6. Furnish New Manhole Section LS 1 ~,,~ ,;. :;)O.,:::l 7. Remove Bituminous Surfacing S';' 40 rz" 4~v ,. l'" 8. Remove Concrete Pavement SF 100 7- 1. So 9. Remove & Install New B614 Curb and Gutter tlc l'Loo ,. LF 30 \ 10. Remove & Install New 4" Concrete Walk SF 100 8~ \r!'o II. Concrete Pavement SF 100 .iL- 11100 12. Bituminous Mixture for Patching TN 6 Z-.~ - trOQ ,. \} q~ ..f <1. 0 -" 13. Sod, Type Lawn, Incl. 4" Select Topsoil Borrow SY 50 ----=.J-- Total Quote {~ 71 0 r Company Nam )o~~ ..1:..\ C Signature: Printed Name of Sign r: T Lt4rG'\...S 0..1 Title: V.p. CITY OF NEW HOPE CONTRACT WITH LAMETTI AND SONS, INC. j 9 f;$- For valuable consideration as set forth below, this contract dated the :Jtff' day of d1"lI,udl y, is made and signed by the City of New Hope (hereinafter "City") and Lametti and Sons, Inc. (hereinafter "Contractor"). ! V u L tJ U.}J OCWe,- /'f. 1. CONTRACT DOCUMENTS The Contractor hereby promises and agrees to perform and comply with all the provisions of this Contract and specifications, all of which are incorporated hereby by this reference. This Contract shall compromise the total agreement of the parties hereto. No oral order, objection or claim by any party to the other shall affect or modify any of the terms or obligations contained in this Contract. 2. THE WORK The work to be performed by Contractor under this Contract (hereinafter the "Work"), is defined in the "Project Manual For Winnetka Avenue Gate Valve Replacement". Any modifications to the work defined in "Project Manual For Winnetka Avenue Gate Valve Replacement" will be made in writing. 3. CONTRACT PRICE The City agrees to pay the contractor $49,430.00 dollars (Forty Nine Thousand, Four Hundred Thirty), payable in accordance with the payment terms of the City of New Hope Instruction to Bidders. Contractor will be charged liquidated damages assessed in the amount of $100 per day for every calendar day that the contract remains uncompleted beyond the~ day of...J.ttm:!, 2007 J I s.r ~1lLC 'Y~ . '" Total amount of this contract shall not exceed 49,430.00 dollars. I , 4. COMPLETION DATE I ! J l\jY \ '!J I> \!.C.. If::. Contractor shall complete his performance under this Contract by the~ day of~, 2007 (hereinafter "Completion Date"). 5. INSURANCE/BOND Before beginning actual work under this Contract, the Contractor shall submit to the City and obtain the City's approval of a certificate of insurance on Standard Form C.I.C.C.-701 or ACORD 25 forms, showing the following insurance coverage and listing the City as a loss payee under the policies: a. General Contractor Liability: $1,000,000.00 b. Automobile Liability for all Automobiles: $1,000,000.00 c. Workman's Compensation: Statutory Amounts Contract Page 2 This certificate must provide for the above coverages to be in effect from the date of the Contract until 30 days after the Completion Date and must provide the insurance coverage will not be canceled by the insurance company without 30 days written notice to the City of intent to cancel. The certificate must further provide that the contractor's insurance coverage is primary coverage notwithstanding any insurance coverage carried by the City that may apply to injury or damage relating to the maintenance or repair of the City's streets or right-of-ways by either the City or any employee, agent, independent contractor or any other person or entity retained by the City to perform the services described herein. The Contractor shall furnish Performance and Materials/Labor Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all Contractor's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date of final payment, except as otherwise provided by law. All Bonds shall be in the forms prescribed by the Contract Documents and be executed by such Sureties as (A) are licensed to conduct business in the State of Minnesota, and (B) are named in the current list of "Companies Holding certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of the authority to act. If the Surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Minnesota or it ceases to meet the requirement of clauses (A) or (B) in the previous paragraph, Contractor shall within five days thereafter substitute another Bond and Surety, both of which shall be acceptable to City. All bonds and insurance are subject to the review and approval of the New Hope City Attorney. 6. LAWS. REGULATIONS AND SAFETY The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to performance under this Contract. 7. INDEMNIFICATION The Contractor agrees to indemnify, defend and hold the City harmless from any damages, including costs and attorney's fees, from any claims, demands, actions or causes of action arising out of any act or omission on the part of the Contractor or its agents, servants or employees in the performance of or with relation to any of the work or services performed or furnished by the contractor under this Contract. 8. ASSIGNMENT The Contractor shall not assign or transfer, whether by an assignment or notation or otherwise, any of its rights, duties, benefits, obligations, liabilities or responsibilities without prior written consent of the City. Contract Page 3 9. NOTICE The address and telephone number of the Contractor for purposes of giving notices and any other purpose under this contract shall be Guy Larson, Lametti and Sons, Inc., 16028 Forest Boulevard N., Hugo, MN 55038-0477, (651) 426-1380. The address of the City for purposes of giving notices and any other purpose under this contract shall be 4401 Xylon Avenue North, New Hope, MN 55428. The contact person for this contract is Mark Gaulke, New Hope Utilities Supervisor. IN WITNESS WHEREOF, the parties to this Contract have hereunto set their hands and seals as of the day and year first above written. CIT/?,.F NEW HOP r fl/1 I t il By , Its M~ " I:. r'. By~~K\~ Its City Manager ---- CONTRACTOR Lametti & Sons, Inc. By ~..~U~\~ Its Representative Fred R. Chase Vice President Contract Page 4 STATE OF MINNESOTA ) ) ss. ) COUNTY OF HENNEPIN ;)/ ell ,=.Fhe fore,going was acknowledged before me this ~y (c:> day of (V fltlJl1i?/L ,2007, by (Mayor) and Daniel J. Donahue, the Mayor and City Manager, respectively, of the City of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporation. VALERIE LEONE NOTARY PUBLIC - MiNNESOTA My Commission Expires Jon. 31. 2010 / / \~:~." >-://'-.,---- /ILL/LLLeL.._u;:dc/>l..z. Notary Public - STATE OF MINNESOTA ) ) ss. COUNTY OF 1"lEt<:It<:IEf'1t<:1 ) Washington The foregoing was acknowledged before me on this 18 t h October , 2007, by Fred R. Chase, of Larnetti & Sons. Tnr. Sons. Inc. . day of vjcP' Prp.s;npnr , on behalf of Lametti & WCELE J SCHOEBERL NOTAlWPUBLIC - MINNESOTA MY COMMISSION EXPIRES 1-3t.20tO ~\k~~~ Notary Public LuCele Schoeberl Chisago County G:ContracllBasic REVISED QUOTE Winnetka Avenue Gate Valve Replacement New Hope, Minnesota File No. 000034-06000-0 BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. UNIT ITEM UNIT QTY COST 1. Mobilization LS 1 $2,500.00 2. Traffic Control LS 1 $2,100.00 3. Temporary Water Service LS 1 $5,200.00 4. Remove Existing Gate Valve EA 1 $9,000.00 5. Furnish & Install 18" Butterfly Valve EA 1 $25,000.00 6. Furnish New Manhole Section LS 1 $500.00 7. Remove Bituminous Surfacing SY 40 $12.00 8. Remove Concrete Pavement SF 100 $7.50 9. Remove & Install New B624 Curb and Gutter LF 30 $40.00 HI. Rem.€f':€ & Install ~;e".i. '1" C8Hc:-ete ~~'all: ~F l11ll 11. Concrete Pavement SF 100 $11.00 12. Bituminous Mixture for Patching TN 6 $250.00 U. S€l€l., TJ'p€ Lay:n, Ine!. 1" ~€I€€t T€lp8€liI B€lrnl',r ~" :ll ~ TOTAL COST $2,500.00 $2,100.00 $5,200.00 $9,000.00 $25,000.00 $500.00 $480.00 $750.00 $1,200.00 Total Quote Company Name: Lametti and Sons. Inc. $1,100.00 $1,500.00 $49,430.00 ACORQM CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDNYYY) 10/18/2007 PRODUCER (651)644-7200 FAX (651)644-9137 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Lee F. Murphy, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2515 Wabash Ave. #300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. St. Paul, MN 55114-2000 INSURERS AFFORDING COVERAGE NAlC # INSURED INSURER A. CNA Insurance Companies Lametti And Sons Inc. INSURER B: ACE American Ins(Tower Special) 16028 Forest Blvd. No. INSURER c: P.O. Box 477 INSURER D: Hugo, MN 55038 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Itl~ ~R,I2:! TYPE OF INSURANCE POLICY NUMBER PR~Y EFFECTIVE PRlrW EXPIRATION LIMITS GENERAL UABILlTY U 1012071918 04/01/2007 04/01/2008 EACH OCCURRENCE S 1,000,000 i-- X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED ,.~, S 100,00t I CLAIMS MADE [8] OCCUR MED EXP (Arty one person) S 5,000 A X Prop.Damage $5,000 PERSONAL & ADV INJURY S 1,000,000 i-- i-- Ded. per Occ GENERAL AGGREGATE S 2,000,000 GEN.L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COM~OPAGG S 1,000,000 !xl POLICY [Xl ~~ n LOC AUTOMOBILE LIABILITY C1012071921 04/01/2007 04/01/2008 COMBINED SINGLE LIMIT ~ ANY AUTO S (Ea accident) 1,000,000 !-- ALL OWNED AUTOS BODILY INJURY '- S SCHEDULED AUTOS (Per person) A X HIRED AUTOS BODILY INJURY X (Per accident) S NON-OWNED AUTOS !-- Phy LIMIT OF $50,000 ~ Hired Auto Dam PROPERTY DAMAGE (Per accident) S GARAGE LIABILITY AUTO ONLY. EA ACCIDENT S q ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG S ~ESS/UMBRELLA UABILlTY U2079818403 04/01/2007 04/01/2008 EACH OCCURRENCE S 5,000,000 X OCCUR D CLAIMS MADE AGGREGATE S 5,000,000 A s q DEDUCTIBLE S RETENTION S S WORKERS COMPENSATION AND WC 1 17590024 04/01/2007 04/01/2008 1.r,;~~l~Ws I IOJbl' EMPLOYERS' LIABILITY E.L EACH ACCIDENT S 1,000,000 A ANY PROPRIETORlPARTNERlEXECUTlVE OFFICERlMEMBER EXCLUDED? E.L DISEASE. EA EMPLOYEE S 1,000,000 If yes. describe under E.L DISEASE - POLICY LIMIT S 1,000,000 SPECIAL PROVISIONS below P~~'~tion Liability G22074040-002-POLL 03/01/2007 03/01/2008 $2,000,000 Aggregate B $2,000,000 Occurence $10,000 Deductible IilESCRlPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONf ADDED BY ENDORSEMENT I SPECIAL PROVISIONS E: New Hope - Winnetka Avenue Gate Va ve Replacement start Date 10-18-07 - Completion Date 12-1-07 ity of New Hope is listed as Additional Insured / General Liability per Contractual requirements overage is primary and non-contributory. CERTIFICATE HOLDER City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL --1L DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ~~1tf Robert B. Mur h /SUEM ACORD 25 (2001/08) @ACORDCORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) THE AMERICAN INSTITUTE OF ARCHITECTS BOND NO. 41BCSED9047 AlA Document A372 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): LAMETTI & SONS, INC. P . O. BOX 477 HUGO, MN 55038 SURETY (Name and Principal Place oi Business): HARTFORD ACCIDENT AND INDEMNITY COMPANY P.O. BOX 2103 HARTFORD, CT 06115 OWNER (Name and Address): CITY OF NE\\' HOPE 4401 XYLON AVE NORTH NE\\' HOPE, MN 55428 CONSTRUCTION CONTRACT Date: JANUARY 10, 2007 Amount: FORTY NINE THOUSAND FOUR HUNDRED THIRTY AND 00/100 ($49,430.00) Description (Name and location): \\'INNETKA AVENUE GATE VALVE REPLACEMENT BOND Date (Not earlier than Construction Contract Date): OCTOBER 22, 2007 Amount: FORTY NINE THOUSAND FOUR HUNDRED THIRTY AND 00/100 ($49,430.00) Modiiications to this Bond: IX] None See Page 3 Company: r\ f\f'\ LAMETTI LSiilNS r.ING::'\ \ \ .~ "\'\}. \) +\ ~~- ~; Signature: ~)<~.~"-~. Name and Title: Fred R. Chase Vice President (Corporate Seal) SURETY Company: (Corporate Seal) HARTFORD ACCIDENT AND INDEMNITY COMPANY Signatu re: (//7/.../J/~ L/?1. ('/w,4 Name and Title: MELISSA M. NORDIN ATTORNEY-IN-FACT CONTRACTOR AS PRINCIPAL (Any additional signatures appear on page 3) (FOR INFORMATION ONL Y-Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or AMERICAN AGENCY, INC. other party): 5851 CEDAR LAKE ROAD MINNEAPOLIS, MN 55416 (952) 545-1230 AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND' DECEMBER 1984 ED. . AlA ii! THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW., WASHINGTON, D.C. 20006 THIRD PRINTING' MARCH 1987 A312-1984 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 Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 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 its address 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 Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason- able time to perform the Construction 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 de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- dance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to" perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construc- tion Contract itself, through its agents or through inde- pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Con- struction Contract. arrange for a contract to be pre- pared 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 Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in ex- cess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's 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: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is deter- mined, tender payment therefor to the Owner; or .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 vvritten 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 Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liabilitv, 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 the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities ot the Owner to the Suretv shall not be greater than those 01 the Owner under the C~nstruction C;ntract. To the limit of the amount of this Bond, but subject to commitment bv the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Sure- ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc. tion of defective work and completion of the Const ruc- tion Contract; 6.2 Additional legal, design professional and dela\ costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surelv under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual dam- ages caused by delayed performance or non-pertor- mance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- struction Contract. and the Balance of the Contract Price shall not be reduced or set off on account of anv such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, includ- ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two vears after the Contractor ceased working or within two y~ars after the Surety refuses or fails to perform its obligations under this Bond, whichever oc- curs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avail- AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. . AlA!!: THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. NW.. WASHINGTON. D.C 20006 THIRD PRINTING' ,",lARCH 1987 A312-1984 2 able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the sig- nature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed 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 Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Con- MODIFICATIONS TO THIS BONO ARE AS FOLLOWS: tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal! Signatu re: Name and Title: Address: SURETY Company: (Corporate Seal) Signature: Name and Title: Address: AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND' DECEMBER 1984 ED. . AlA '& THE AI,IERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING' MARCH 1987 A312-1984 3 SURETY ACKNOWLEDGMENT STATE OF MINNESOTA, COUNTY OF Hennepin } SS. , before me appeared day of October ,2007 On this 22nd Melissa M. Nordin to me personally known, who, being duly sworn, did say that he is the Attorney-in-Fact of the Hartford Accident and Indemnity Company that the seal affixed to the foregoing instrument is the corporate seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors, and said Melissa M. Nordin acknowledged said instrument to be the free act and deed of said corporation. !~ 8 i (. /.~ ) 7J'~JL/td1/YJ Notary Public, Hennepin County, Minn. i.b,N CE158RHOLM \Jotary Public My commission expires ACKNOWLEDGMENT OF PRINCIPAL For Corporation STATE OF } SS. () l\\_ COUNTY OF vJ tL~'YlLl'b.,~" o day of October ,2007 , before me personally came On this 22nd t=/ueO ~ - tJ~t~~ that he is the \,J tLJ1L~~~ (j P"'f' A ~ /1, I: .J l.JL/.J.-<-t~~M- r --L i}U~r~ to me known, who, being by me duly sworn, did depose and say; that he resides in \ j ,<, fLU of the Lametti & Sons, Inc. the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. (Seal) LUCELE J SCHOEBERL hlQTARY PUBLIC - MiNNESOTA MY COMMiSSION EXPIRES 1.31.2010 [! ~ (flu" ~t~ c~-cJjcJJ f.Q - . fI -1:- L1/1-L-utt;- CJJi<."rJ:1- \131}~L\10 I Notary Public My commission expires S-24221GEEF 11/97 POWER OF ATTORNEY Direct Inquiries/Claims to: THE HARTFORD BOND, T-4 PO. BOX 2103,690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax: 860-757 -5835 Agency Code: 41-711314 KNOW ALL PERSONS BY THESE PRESENTS THAT: CKJ Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut CKJ Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana CKJ Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut c::=J Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut c::=J Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana c::=J Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois c::=J Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana c::=J Hartford Insurance Company of the Southeast, a corporation duly organized under tpe laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the 'Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Terry Starks, David E. Sell, Melissa M. Nordin, Joan K. Remick, Alan Starks, Traci Lehmann of St. Louis Park, MN their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by (8], and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. .4~'IUC;;;~..'i ~Q~\ =Ql~~'.' t~~...:~~~~.{J) ..,~;~~~..~~~ l~.',. ~ m'~'''':'(;;;m <<\.0>7"0 i x::",~"/i '~'" 1.97'!/,/j ~~~-~'7!:r~ f ~O 0\. /" / l / &'...-Ar.<-v<' ---../ ........, /'; I. /~ . / C/v;z...vV-- Paul A. Bergenholtz, Assistant Secretary David T. Akers, Assistant Vice President STATE OF CONNECTICUT} 55. Hartford COUNTY OF HARTFORD On this 4th day of August, 2004, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. j\ r,j / \ 7"'-. /-- / _-(.....--' ::.Au. / _.?,-- Scott E. Paseka Notary Public CERTIFICATE My Commission Expires October 31. 200i I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of OCT.OBER 22, 2007 Signed and sealed at the City of Hartford. #9:.,<1."<';;;;<<-" ~.,.:\ .... . p-=- ;Q ,~.~, t~\~... t9*7l;)~}J~j ;~~~';;Z;:~ ~~>.... "'~W'" ..~~~~, ~ /~~;,.--.;.;.. .~\ /"$ a<.\ ~.I ",:k"~"'~". ..~~f; ~Tl'o """" ii~' . 8j;~ !~t' it fI \-:c' 1979.,~, \'-.\ 197'" ~, ,'",-"",-"# "~o// ~::;;- ~~~~~ /. .'. t "~1-1DlV;.Y -~~ { ,~ v Gary W. Stumper. Assistant Vice President pnA 7ClO" THE AMERICAN INSTITUTE OF ARCHITECTS BOND NO. 41BCSED9047 AlA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): LAMETTI & SONS, INC. P .0. BOX 477 HUGO, MN 55038 SURETY (Name and Principal Place of Business): HARTFORD ACCIDENT AND INDEMNITY COMPANY P.O. BOX 2103 HARTFORD, CT 06115 OWNER (Name and Address): CITY OF NEW HOPE 4401 XYLON AVE NORTH NEW HOPE, MN 55428 CONSTRUCTION CONTRi\CT Date: JANUARY 10, 2007 Amount: FORTY NINE THOUSAND FOUR HUNDRED THIRTY AND 00/100 ($49,430.00) Description (Name and Location): WINNETKA AVENUE GATE VALVE REPLACEMENT BOND Date (Not earlier than Construction Contract Date): OCTOBER 22, 2007 Amount: FORTY NINE THOUSAND FOUR HUNDRED THIRTY AND 00/100 ($49,430.00) Iviodifications to this Bond: ~ None See Page 6 CONTRACTOR AS PRINCIPAL Company: LAMETTI (Corporate Seal) SURETY Company: (Corporate Seal) HARTFORD ACCIDENT AND INDEMNITY COMPANY Signature: ~/J....-</JC/t-~ t/lJ. ~~~- Name and Title: MELISSA M. NORDIN ATTORNEY-IN-FACT Signatu re: Name and Title: Vice President (Any additional signatures appear on page 6) (FOR INFORMATION ONL Y-Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or AMERICAN AGENCY, INC. other party): 5851 CEDAR LAKE ROAD MINNEAPOLIS, MN 55416 (952) 545-1230 AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. . AlA @ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON. D.C. 20006 THIRO PRINTING' MARCH 1987 A312.1984 4 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 perfor- mance of the Construction Contract, which is incorpo- rated 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 claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment fur- nished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address 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. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes pay- ment, 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 address 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 Con- tractor 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 no- tice any communication from the Contractor by which the Contractor has 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 (at the address 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 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 suffi- cient 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 Payor 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 Construction Contract shall be used for the perfor- mance of the Construction Contract and to satisfy claims, if any, under any Construction 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 Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior- ity to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelat- ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim- ant under this Bond, and shall have under this Bond no obli- gations to make payments to, give notices on behalf of. or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent juris- diction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3. or (2) on which the last labor or service was performed by anyone or the last mate- rials or equipment were furnished by anyone under the Con- struction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety. the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed. any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this AlA DOCUMENT A312' PERFORtvlANCE BOND AND PAYMENT BOND' DECEtv1BER 1984 ED.' AIA~ THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE., NW.. WASHINGTON. D.C 20006 THIRD PRINTING' ,"'ARCH 1987 A312-1984 5 Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor orwith a subcontractor of the Contractor to furnish labor, materials or equip- ment for use in the performance of the Contract. The intent of this Bond shall be to include without limita- tion in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOllOWS: Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Signatu re: Name and Title: Address: SURETY Company: (Corporate Seal) Signature: Name and Title: Address: AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND, DECEMBER 1964 EO. . AlA @ THE AMERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING' MARCH 1987 A312.1984 6 SURETY ACKNOWLEDGMENT STATE OF MINNESOTA, COUNTY OF Hennepin } SS. On this 22nd day of October ,2007 , before me appeared Melissa M. Nordin to me personally known, who, being duly swom, did say that he is the Attomey-in-Fact of the Hartford Accident and Indemnity Company that the seal affixed to the foregoing instrument is the corporate seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors, and said Melissa M. Nordin acknowledged said instrument to be the free act and deed of said corporation. JAN CEDERHOLM l\Jotary Public I~~ Notary Public, Hennepin County, Minn. My commission expires ACKNOWLEDGMENT OF PRINCIPAL For Corporation STA TE OF -7/ry1 ~. ~ Un, c } SS. COUNTY OF ~J MJ~~,,", On this 22nd day of October ,2007 , before me personally came to me known, who, being by me duly sworn, did depose and say; that he resides in that he is the of the Lametti & Inc. the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. (Seal) LUCELE J SCHOEBERL NOTARY PUBLIC - MINNESOTA MY COMMiSSION EXPIRES 1.31.2010 ,l. '} IJ ?!)!u (1.0 /~C"'v0rr:#~(l Notary Public a i;;Lt~'- . I!P;u~Ly My commission expires \ /.3 i / ;J (} 10 I J S-2422/GEEF 11/97 POWER OF ATTORNEY Direct Inquiries/Claims to: THE HARTFORD BOND, T-4 P.O. BOX 2103,690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax: 860-757 -5835 Agency Code: 41-711314 KNOW ALL PERSONS BY THESE PRESENTS THAT: ~ Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut ~ Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana ~ Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut CJ Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut CJ Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana CJ Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois CJ Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana CJ Hartford Insurance Company of the Southeast, a corporation duly organized under tpe laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the 'Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Terry Starks, David E. Sell, Melissa M. Nordin, Joan K. Remick, Alan Starks, Traci Lehmann of St. Louis Park, MN their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ~, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. a........, ~L c;...,~....... ~+.:\. ~.... ~ o~ :Q"" 'l;,.--' ~~~}\ t 9.' ~ ~}f} ~;: ':~lt~.~~.~~..~ ..,..~l\loO .~~. ~ ,l...:.r:...-.......~~ ~\,~~~ (:-.{~~~At:.~r~;..J ~ \ ft \~C07Tlo i 'V~....lg7~ll't" 197'1 ji ....-::.:::-::- '. '3- /-.<:-Y ~~ ~.,-::-~~ f ~O Oi. ~ (7 / ! ,I VJt~ -......J ..... ,. / // ()" L/~.(/?v1.-- Paul A. Bergenholtz, Assistant Secretary David T. Akers, Assistant Vice President STATE OF CONNECTICUT} 55. Hartford COUrHY OF HARTFORD On this 4th day of August, 2004, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations: that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he Signed his name thereto by like authority. /\ = -P/~-~) ./.---' .c-.JO c / _..?~~ Scott E. Paseka Notary Public My Commission Expires October 31. 2007 $;.",'(''<';;;;".. ~.....:\ - .,~ :;a'~..""1. \~}:.~":.::.l~J .,.,?~=~/~ ....-:-~% ~0:... j'~~~>_\ }~~4*:.. l;ol+,:~n.t..~',,,~ l~I.\'I.~l'l'o~ !i~' .' #);~!,~I\ it S \':" 197'il,~< '''.. 197'1 '" ,-,,'--:'<<Y "'<':: '. 'A-'Y ~~ 'Z:~~ /~v~/v /~t",,- {.' v Gary W. Stumper, Assistant Vice President pnA 700, October 26,2007 Mr. Fred Chase Lametti & Sons, Inc. 16028 Forest Blvd. N. Hugo, MN 55038-0477 SUBJECT: 18-inch Water Valve at Winnetka Avenue and Bass Lake Road Intersection (Improvement Project no. 804) Enclosed are two fully executed contract documents for New Hope Project No. 804. One contract set is for your records and the second set should be transmitted to your bonding company. This contract was awarded by the New Hope City Council on November 13, 2006, for $49,430. 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 Jason Quisberg, City Engineer, at 651-604-4938. ~.~~ 9"rel, ' / T)"lL "- Valerie Leone City Clerk, CMC Enclosures - Contract, IC-134 cc: Steve Sondrall, City Attorney (File No. 99.10030) Jason Quisberg, Assistant City Engineer (File No. 34-06000-0) Guy Johnson, Director of Public Works 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. Public Works Fax: 763-592-6776 COUNCIL /r)~j Sol( (!rf)livZLJ fLU Request for Action Originating Department Approved for Agenda Agenda Section Public Works February II, 2008 Consent Item No. 6.7 By: Guy Johnson By: Requested Action Staff recommends the Council approve a resolution accepting completion of the replacement of an 18 inch water main valve at the intersection of Wllmetka Avenue and Bass Lake Road, and approve the final payment request to Lametti & Sons Ine., III the amount of $52,083. Policy/Past Practice The City Council routlllely considers public infrastruchue improvement projects to extend the useful life of the infrastruchlre and/or to improve the level of service. Background The replaced 18 inch water valve was originally installed in 1963. The valve was part of a large trunk water main distribution system from the city of Crystal's pumping station that serves the north half of the city, including the city's north water tower. The distribution system is made up of a 24 inch reinforced concrete cyllllder ..vater pipe from Douglas Drive to the west side of Wlllnetka Avenue, along Bass Lake Road. In the mid-90s, the Joint Water Commission (JWC) replaced a 24 inch water valve that would no longer function correctly, along this pipeline on the east side of Winnetka Avenue. On the west side of Winnetka, the 24 inch reinforced concrete cyllllder water pipe tees into an eight inch cast iron water mall1 that continues west along Bass Lake Road, and an 18 inch reinforced concrete cylinder water pipe that runs south down Winnetka A venue towards the citv's water tower and industrial area. ~ Motion by r ) -IIi I ( J u.~ \..-, Second by .3<_. To: I:RFA\Pubworks\2008\804 18" Water Main Valve Final Request for Action February 11, 2008 Page 2 'When the 24 inch valve was replaced 10 years ago, staff reviewed the options of replacing or trying to locate a contractor to repair the valve. Because the expensive part of the project \-vas the access to and removal of the large valve for either repair or replacement, the decision of the JWC was to replace the existing 24 inch valve with a new valve. The valves are in underground vaults with a manhole access cover. Because of the size of the 18 inch valve, removal of the valve through the manhole access was not possible. Removal of the top concrete slab of the vault, located under the Wumetka Avenue pavement, was necessary. Additionally, there were/are very few companies with experience working with and around reulforced concrete cylulder water pipe. In the past other municipalities have had to fly crews Ul from Ohio, where the reinforced concrete cylulder water pipe is manufactured, to make emergency repairs on this type of pipe system. Staff requested quotes from a number of companies for this project. Lametti and Sons Ine. was identified as the lowest responsible bidder and was accepted to perform the water main valve replacement. The city received a second bid from Schurcon Inc. Ul the amount of $82,750. Funding The contract amount for Lametti & Sons Inc. was $49,430. This contract amount was based upon labor costs, hard\vare and estimated material amounts. Due to material quantities exceedulg preliminary estimates, the actual cost for the valve replacement, associated work and materials amounted to $52,083. This increase from original estimates has been shared with the Joint Water Commission (JWC) at its January 2,2008, meeting and was deemed acceptable. Funds are budgeted for this project in the JWC's Capital Improvement Program (CIP). The JWC requires the municipality that owns the infrastructure to award the contract coordinate the project, and pay the contractor. The city of New Hope will be reimbursed by the JWC for the amount of the final contract. Attachments The engineer's memorandum, the resolution awardulg the contract and the invoice are attached. I:RFA\Pubworks\2008\804 18" Water Main Valve Final City of New Hope Resolution No. 08- 28 Resolution to accept the replacement of an 18" water main valve on Winnetka Avenue North and approve final payment request to Lametti & Sons Inc. (improvement project 804) WHEREAS, the city has entered into a contract with Lametti & Sons Inc. for the installation of an 18" water main valve; and, WHEREAS/ staff is recommending that the Council adopt a resolution to accept improvement project 804 and approve final payment to Lametti & Sons Inc. in the amount of $52,083; and, 'WHEREAS, the city engineer has reported that all work has been satisfactorily completed and recommends that final payment be made to Lametti & Sons Ine. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope/ Hennepin County/ Minnesota: 1. That the City Council accepts the installation of the 18" water main valve from Lametti & Sons Inc. 2. That the city manager is hereby directed to authorize the final payment of $52,083 to Lametti & Sons Ine. Adopted by the City Council of the city of New Hope, Helmepin County, Minnesota this 11th day of February, 2008. /) '\\'D'~\ j/~ f. \\.. ...i '\. ".... 4 ,'-!\. " '1 I V \0vJ\J,v/0Lt~~ I I r Mayor // \"_'I/"'~' ""L " Attest: ! /l IZ ~L-Le l.t t.'!"t\Jl_ '-../ . City Clerk I:RFA\Pubworks\2008\804 18" Water Main Valve Replacement Final Resolution December 13, 2007 Guy Johnson, Director New Hope Public Works 5500 International Parkway New Hope, MN 55428 Re: Winnetka Avenue Gate Valve Replacement - Final Payment Bonestroo File No.: 000034-07000-0 Dear Guy, All work has been completed on the above mentioned project. The contractor, Lametti & Sons, Inc., has requested final payment in the amount of $52,083.00. The original contract was for $49,330. The agreed value of work completed is $52,083 or $2.753 (5.6%) over the contract amount. The primary reason for the additional expense is the disturbance of a larger than anticipated area during excavations. The additional removal and replacement of curb and bituminous material for street patching added costs to the project. Because the work completed under this contract relates to a trunk water main, this project involves the Joint Water Commission (JWC) and is in their capital improvement plan. Therefore, funding for the project will be provided by the JWC. We recommend final payment in the amount of $52,083.00 be made to Lametti & Sons, Inc. for this project. Payment should be held until receipt of the required IC-134 form(s) is confirmed. Please contact me at 651-604-4938 if you have any questions. Yours truly, BONESTROO ~p~ Jason Quisberg, P.E. 2335 Highway 36 W St. Paul. MN 55113 1eI651.636.4600 Fax 651-636.1311 www.bonestroo.com .. Bonestroo Lametti & Sons, Inc. .. PROJECT: SCHEDULE OF VALUES LAMETTI & SONS, INC. LAMETTI PROJ. NO: CITY PROJECT NO: 7009-13-01 NEW HOPE VALVE REPLACEMENT APPLICATION DATE: 12/10/2007 APPLICATION NUMBER: 01 PERIOD ENDING: 30-Nov-07 CONTRACT SUMMARY ORIGINAL CONTRACT: CONTRACT CHANGES TO DATE: TOTAL CONTRACT AMOUNT TO DATE: PAY REQUEST SUMMARY TOTAL AMOUNTTO DATE: RETENTION @ 2.5% LESS AMOUNT PAID TO DATE: AMOUNT DUE THIS PERIOD $49,330.00 $0.00 $49,330.00 52,083.00 $0.00 $0.00 $52,083.00 I 16028 Forest Boulevard North P. O. Box 477 Hugo, MN 55038 651/426-1380 Fax: 426-0044 Equal Opportunity Employer M1.NNESOTA- REVENUE Contractor's Withholding Affidavit Confirmation 7ty()i LAMETTI & SONS INC ID 8430557 Please keep this information for your records. Submit a copy of this page to the project owner to receive your final payment. Confirmation number Project owner Project number Project begin date Project end date Project location Subcontractors 191423 Wed Jan 30 15:36:49 CST 2008 CITY OF NEW HOPE 0000344-06000-0 September 2007 November 2007 NEW HOPE GATE VALVE REPLACEMENT NORTH COUNTRY CONCRETE INC 2790476 190337 https:/ /www.mndor.state.mn.us/wc/ action) confirmationPrult Page 1 of 1 1/30/2008 J.. at;'- J. UJ,. .l MINNESOTA- REVENUE Contractors Withholding Affidavit Confirmation NORTH COUNTRY CONCRETE INC 10 2790476 Please keep this Information ror your records. Submit a copy of this page to the business that hired you to receive your final payment. Confirmation numbor Projoct owner Project numb~r Project begin date Project ond date Project lo~tion Subcontractors 190337 Tue Jan 22 15:30:30 CST 2008 CITY OF NEW HOPE 07467 November 2007 November 2007 GOLDEN VALLEY CURB & GUTTER ND subcontractors listed. https:/lwww.mndor.state.Inn.us/wc/action/confinnationPrint 1/22/2008